Point Arena Municipal Code Art. II Scope of Franchise

(1) A nonexclusive franchise to install, construct, operate and maintain a cable television system on streets within all or a specific portion of the city may be granted by the council to any person who offers to furnish and provide such system under and pursuant to the terms and provisions of this chapter.

No provision of this chapter may be deemed or construed as to require the granting of a franchise when, in the opinion of the council, it is in the public interest to restrict the number of grantees to one or more.

(2) The council, in its discretion, shall by resolution determine the boundaries of each area or portion of the city for which a separate franchise shall be required in order for a cable television system to be operated in such area. Such area or portion shall be known as the "franchise area." Unless otherwise specified by resolution of the city council, the franchise area shall include the incorporated city limits of the city of Point Arena and any areas annexed into the city in the future.

(3) When and in the event that the grantee of any franchise granted hereunder uses in its cable television system distribution channels furnished to the grantee by a telephone company pursuant to a tariff or contract on file with a regulatory body having jurisdiction, and said grantee makes no use of the streets independent of such telephone company furnished facilities, said grantee shall be required to comply with all of the provisions hereof as a "licensee," and in such event, whenever the term "grantee" is used herein, it shall be deemed to mean and include "licensee."

(Ord. 127 § 4.04.030, 1987.)

(1) Required Services. The cable television system permitted to be installed and operated hereunder shall:

(a) Be operationally capable of relaying to subscriber terminals at least those television and radio broadcast signals for the carriage of which by the grantee is now or hereafter required by the Federal Communications Commission; and

(b) Distribute color television signals which it receives in color; and

(c) Have the capacity to receive and distribute signals from satellites; and

(d) Provide channels for public, educational, and governmental use. The number of such channels shall be set forth in a separate ordinance or resolution granting, renewing or regulating each franchise or in an agreement between the grantor and grantee; and

(e) Have a minimum capacity of 54 channels, or such lesser number as is specified in an ordinance or agreement granting a franchise.

(2) Optional Services. The cable television system permitted to be installed and operated hereunder may also engage in the business of:

(a) Transmitting original cablecast programming other than local, over-the-air television broadcast signals; and

(b) Transmitting television pictures, film, and video tape programs, other than local, over-the-air broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers or subscribers; and

(c) Transmitting and receiving all other signals, including digital, voice and audio-visual signals including two-way signals and for all other lawful communications services.

(3) Subscriber Complaints. Except in circumstances beyond grantee's control, such as acts of God, riots, and civil disturbances, and in providing the foregoing services, the grantee shall:

(a) Limit overall system failures of franchisee to minimum time duration by locating and correcting malfunctions promptly, but in no event longer than 48 hours after occurrence, irrespective of holidays or other nonbusiness hours;

(b) Establish a comprehensive procedure of receiving, recording, and resolving customer complaints. Such procedure shall be designed so that any subscriber may register a complaint by use of local phone service in the subscriber's area. Complete written notice of such procedures shall be given to each subscriber at the time of initiation or renewal of service. Notice of such procedures shall also be published once a year in a newspaper of general circulation in the franchise area. Such notice shall also state that written complaints may be directed to the city manager. Upon request of the city manager or other designee, in response to a subscriber complaint, grantee shall make a demonstration reasonably satisfactory to the city manager or other designee that a signal is being delivered which is of sufficient strength and quality to meet the standards for a Class I broadcast signal as set forth in the guidelines or rules and regulations of the Federal Communications Commission;

(c) Render efficient service, making repairs as provided in PAMC 5.15.135(3);

(d) Maintain a written record or "log" listing date of customer complaints, identifying the subscriber and describing the nature of the complaint, and when and what action was taken by grantee in response thereto. The record of the respective complaint shall be kept at grantee's local office, for a period of five years from the date of the complaint and shall be available for inspection during regular business hours, without further notice or demand, by the city manager;

(e) Receive and act upon complaints referred to it by the city manager or designee in accordance with PAMC 5.15.065;

(f) Be subject to penalties in accordance with PAMC 5.15.065.

(4) Public, Educational and Governmental Services.

(a) With respect to the access channels required pursuant to subsection (1)(d) of this section, the grantee shall provide use of such facilities, equipment, and technical services as may be set forth in a separate ordinance or resolution granting, renewing or regulating the franchise, or in any agreement between the grantor and grantee.

(b) Provided that the system passes the facilities enumerated below, the grantee shall provide a 200-aerial-foot drop and all subscriber services, without installation charges to:

(i) Public schools and community colleges within the city;

(ii) An agreed upon number of buildings owned and controlled by the city, used for public purposes and not for residential use.

(5) Compatibility and Connectibility.

(a) It is the policy of the city that all cable television systems franchised hereunder shall, insofar as financially and technically feasible, be compatible one with another and with systems of cities within the city, or with adjacent unincorporated or incorporated areas.

(b) Wherever it is financially and technically feasible, the grantee shall so construct, operate, and modify the system so as to be able to tie the same into all other systems, within and adjacent to the city.

(6) Uses Permitted. Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a cable television system in the city; and, for that purpose, to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across, and along any street such poles, wires, cable, conductors, ducts, conduit, vaults, pedestal, manholes, amplifiers, and appliances, attachments and other property as may be necessary and appurtenant to the cable television system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms, or corporations including, but not limited to, any public utility or other grantee franchised or permitted to do business in the city.

(7) Uniformity of Terms and Conditions. All franchises for a particular franchise area granted pursuant to the provisions of this chapter shall be granted upon uniform terms and conditions. Uniformity of terms and conditions may be waived by grantor in areas not served by any grantee under this chapter, providing that grantor first offers to any grantees under this chapter the option to serve such areas within a reasonable time.

(Ord. 127 § 4.04.040, 1987.)

(1) Trunk Line Extension.

(a) Grantee Option. Grantee shall have the option to extend at any time grantee's basic trunk line facilities to any portion of the franchise area; provided, that the city manager or other designee has approved such extension as being in the best interests of the public safety and welfare; and provided, that grantee complies with all other material provisions of this chapter.

(b) Mandatory Extension. Grantee shall extend its cable television services to any subscriber or user requesting service in its franchise area.

(Ord. 127 § 4.04.045, 1987.)