Port Hueneme Municipal Code Part A Community Antenna Television Systems

For the purpose of Part A of this Chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

"CATV" means a community antenna television system as hereinafter defined. (See "Community Antenna television system.")

"City" means the City of Port Hueneme, a municipal corporation of the State of California, in its present incorporated form and in any later reorganized, consolidated, enlarged, or reincorporated form.

"Community Antenna Television System" means a system of antenna, coaxial cables, wires, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as herein contemplated.

"Council" means the present governing body of the City or any future board constituting the legislative body of the City.

"Franchise" means and includes any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the City. Any such authorization, in whatever term granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City in accordance with Article V of the Port Hueneme Municipal Code.

"Grantee" means Jones Intercable, Inc. or its lawful successor, transferee or assign.

"Gross annual receipts" means any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals or service received within the City.

"Gross annual receipts" shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any City, State or other governmental unit and collected by the grantee for such governmental unit.

"Property of grantee" means all property owned, installed or used by a grantee in the conduct of a CATV business in the City under the authority of a franchise granted pursuant to Part A of this Chapter.

"State franchisee" means any holder of a State-issued video franchise operating in the City, as defined in Public Utilities Code Section 5830(p).

"Street" means the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the City.

"Subscriber" means any person or entity receiving for any purpose the CATV service of the grantee.

(Ord. 684 § 1, 2007; Ord. 578 § 2 (Exh. A (part)), 1992)

When and in the event that the grantee constructs, operates and maintains a CATV system exclusively through telephone company facilities constructed, operated and maintained pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use of the streets independently of such telephone company 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. 578 § 2 (Exh. A (part)), 1992)

A nonexclusive franchise to construct, operate and maintain a CATV system within all of the City shall be granted by the Council to grantee.

(Ord. 578 § 2 (Exh. A (part)), 1992)

Any franchise granted pursuant to the provisions of Part A of this Chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the City, and for that purpose, to erect, install, conduct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV 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.

(Ord. 578 § 2 (Exh. A (part)), 1992)

(a) The franchise granted by the Council under Part A of this Chapter shall be for a term of fifteen (15) years following the date of acceptance of such franchise by the grantee.

(b) Any such franchise granted hereunder may be terminated prior to its date of expiration by the Council in the event that said Council shall have found, after thirty (30) days' notice of any proposed termination and public hearing, that the grantee has failed to comply with any material provision of Part A of this Chapter, or has by act or omission, violated any material term or condition of any franchise or permit issued hereunder.

(Ord. 578 § 2 (Exh. A (part)), 1992)

(a) The grantee shall pay to the City a sum equal to five percent (5%) of the gross annual receipts of the grantee. Such payment by the grantee to the City shall be made annually by delivery of the same to the Director of Finance.

(b) The grantee shall file with the City, within thirty (30) days after the expiration of any calendar year or portion thereof during which such franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing in detail the gross annual receipts, as defined herein, of grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the City, within fifteen (15) days after the time for filing such statements, the sum hereinabove prescribed or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.

(c) The City shall have the right to inspect the grantee's records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under Part A of this Chapter. No acceptance of any payments shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under Part A of this Chapter or for the performance of any other obligation hereunder.

(Ord. 578 § 2 (Exh. A (part)), 1992)

(a) The franchise granted under Part A of this Chapter shall be nonexclusive.

(b) No privilege or exemption shall be granted or conferred by any franchise granted under Part A of this Chapter except those specifically prescribed herein.

(c) Any privilege claimed by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

(d) The franchise shall be a privilege to be held in personal trust by the grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise without the prior consent of the Council expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the City Clerk within thirty (30) days after such transfer or assignment. The said consent of the Council may not be unreasonably withheld; provided, however, the proposed assignee must show financial responsibility and must agree to comply with all provisions of Part A of this Chapter; and provided, further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.

(e) Time shall be of the essence of the franchise granted hereunder. The grantee shall not be relieved of its obligation to comply promptly with any of the provisions of Part A of this Chapter or by any failure of the City to enforce prompt compliance.

(f) Any right or power in, or duty impressed upon, any officer, employee, department, or board of the City shall be subject to transfer by the City to any other officer, employee, department or board of the City.

(g) The grantee shall be subject to all requirements of City ordinances, rules, regulations, and specifications heretofore or hereafter enacted or established.

(h) The franchise granted hereunder shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the City, utility company, or from others maintaining poles in streets.

(Ord. 578 § 2 (Exh. A (part)), 1992)

(a) There is reserved to the City every right and power which is required to be herein reserved or provided by any ordinance of the City, and the grantee, by its acceptance of this franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power, heretofore or hereafter enacted or established.

(b) Neither the granting of any franchise hereunder nor any of the provisions contained herein shall be construed to prevent the City from granting any identical franchise to any other person, firm or corporation within all of the city.

(c) There is reserved to the City the power to amend any section or part of Part A of this Chapter so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee.

(d) Neither the granting of this franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City.

(e) The Council may do all things which are necessary and convenient in the exercise of its jurisdiction under Part A of this Chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The City manager is hereby authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the grantee, any subscriber, or nonsubscriber, in the best interests of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the City Council for hearing and determination. The Council may accept, reject or modify the decision of the City Manager, and the Council may adjust, settle or compromise any controversy or cancel any charge arising from the operation of any grantee or from any provision of this Chapter.

(f) If federal laws or regulations are hereafter amended so as to permit the City to regulate the Grantee's rates and charges for service to subscribers, the City reserves the right and authority to regulate and control such rates and charges to the extent authorized by federal law and to amend this Chapter to set forth a procedure for reviewing and approving requests for increases in rates and charges.

(Ord. 578 § 2 (Exh. A (part)), 1992)

(a) Any poles, wires, cable lines, conduits or other properties of the grantee constructed or installed in streets, shall be so constructed or installed only at such locations and in such manner as shall be approved by the Public Works Director acting in the exercise of his reasonable discretion.

(b) The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately owned areas within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the Public Works Director.

(c) In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electrical service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. For the purposes of this subsection, "underground" shall include a partial underground system, e.g., streamlining. Amplifiers in grantee's transmission and distribution lines may be in appropriate housing upon the surface of the ground as approved by the Public Works Director.

(Ord. 578 § 2 (Exh. A (part)), 1992)

(a) In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such system or property has been installed in any street or public place without complying with the requirements of grantee's franchise or Part A of this Chapter, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given ten (10) days' notice, remove from the streets or public places all such property and poles of such system other than any which the Public Works Director may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition reasonably satisfactory to the Public Works Director.

(b) Any property of the grantee remaining in place one hundred twenty (120) days after the termination or expiration of the franchise shall be considered permanently abandoned. The Public Works Director may extend such time not to exceed an additional one hundred twenty (120) days.

(c) Any property of the grantee to be abandoned in place shall be abandoned in such manner as the Public Works Director shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the City, and the grantee shall submit to the Public Works Director an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property.

(Ord. 578 § 2 (Exh. A (part)), 1992)

The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the Public Works Director by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies; provided, however, that the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 7310.

(Ord. 578 § 2 (Exh. A(part)), 1992)

Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of Part A of this Chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Public Works Director, the Public Works Director, may, at his option, cause such work to be done and the grantee shall pay to the City the cost thereof in the itemized amounts reported by the Public Works Director to the grantee within thirty (30) days after receipt of such itemized report.

(Ord. 578 § 2 (Exh. A (part)), 1992)

(a) The grantee shall, concurrently with the filing of and acceptance of award of the franchise granted under Part A of this Chapter, file with the City Clerk, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole expense, a corporate surety bond in a company and in a form approved by the City Attorney, in the amount of fifteen thousand dollars ($15,000.00), renewable annually, and conditioned upon the faithful performance of grantee, and upon the further condition that in the event grantee shall fail to comply with any one or more of the provisions of Part A of this Chapter, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond; said condition to be a continuing obligation for the duration of the franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of the franchise or renewal by the Grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty (30) days' prior written notice of intention not to renew, cancellation or material change, be given to the City.

(b) Neither the provisions of this Section, nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under the franchise issued hereunder or for damages, either to the full amount of the bond or otherwise.

(Ord. 578 § 2 (Exh. A (part)), 1992)

(a) The grantee shall, concurrently with the filing of an acceptance of award of the franchise granted under Part A of this Chapter, furnish to the City and file with the City Clerk, and at all times during the existence of the franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of one million dollars ($1,000,000.00) in a company approved by the City Manager and in a form satisfactory to the City Attorney, indemnifying and saving harmless the City, its officers and employees from and against any and all claims, demands, actions, suits, and proceedings by others, against all liability to others, including but not limited to any liability for damages by reason of or arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the grantee's CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder; provided, however, that the Grantee shall not indemnify the City for the negligent or intentional acts of the City, its agents or employees.

(b) The grantee shall, concurrently with the filing of an acceptance of award of the franchise granted under Part A of this Chapter, furnish to the City and file with the City Clerk, and at all times during the existence of the franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City, its officers, boards, commissions, agents and employees, in a company approved by the City Manager and a form satisfactory to the City Attorney, protecting the City and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise, with minimum liability limits of one million dollars ($1,000,000.00) for personal injury or death of any one person and two million dollars ($2,000,000.00) for personal injury or death of two or more persons in any one occurrence and one million dollars ($1,000,000.00) for damage to property resulting from any one occurrence.

(c) The policies mentioned in the foregoing subsection shall name the City, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City thirty (30) days in advance of the effective date thereof; if such insurance is provided by a policy which also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.

(Ord. 578 § 2 (Exh. A (part)), 1992)

(a) At all reasonable times, the grantee shall permit any duly authorized representative of the City to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the City, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the City, or upon reasonable request made available in the City, and if the Council shall determine that an examination thereof is necessary or appropriate then all reasonable travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

(b) If requested by the City, the grantee shall prepare and furnish to the City Manager and the Director of Finance at the times and in the form prescribed by either of said officers, such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the City or any of its officers in connection with the franchise.

(c) The grantee shall at all times make and keep in the City full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the City.

(d) If requested by the City, the grantee shall file with the City Manager, on or before the last day of June, of each year, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the City.

(Ord. 578 § 2 (Exh. A (part)), 1992)

The CATV system shall be installed and maintained in accordance with accepted standards of the industry to the effect that subscribers shall receive the highest possible service and to the effect that such installation, operation and maintenance shall not degrade the normal television reception of the nonsubscriber. In determining the satisfactory extent of such standards the following among others shall be considered:

(a) That the system be installed using all band equipment capable of passing the entire VHF and FM spectrum, and that it have the further capability of converting UHF for distribution to subscribers on the VHF band;

(b) That the system, as installed, be capable of passing standard color TV signals without the introduction of material degradation on color fidelity and integrity;

(c) That the system and all equipment be designed and rated for twenty-four (24) hour per day continuous operation;

(d) That the system provide a nominal signal level of two thousand (2,000) microvolts at the input terminals of each TV receiver;

(e) That the system signal-to-noise ratio is not less than forty (40) decibels;

(f) That the hum modulation of picture signal is less than five (5) percent;

(g) That the system use components having a VSWR of 1.4 or less;

(h) That the system cause no degradation in the normal TV reception of standard broadcast signals by nonsubscribers living in or doing business in the area covered by the franchise.

(Ord. 578 § 2 (Exh. A(part)), 1992)

(a) When not otherwise prescribed herein, all matters herein required to be filed with the City shall be filed with the City Clerk.

(b) The grantee shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of Part A of this Chapter. Such payment shall be made within thirty (30) days after the City furnishes the grantee with a written statement of such expenses.

(c) The grantee shall maintain an office at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service shall be promptly available to subscribers.

(d) No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge; provided further, however, that grantee shall only be obligated to provide service to those areas of the City with a minimum density of forty (40) homes per mile.

(Ord. 578 § 2 (Exh. A (part)), 1992)

When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the City Clerk.

(Ord. 578 § 2 (Exh. A (part)), 1992)

The franchise granted hereunder shall be renewed in accordance with the provision of applicable federal law.

(Ord. 578 § 2 (Exh. A (part)), 1992)

Within thirty (30) days of the adoption of the ordinance codified in this Chapter by the City, grantee agrees to deliver twenty-five thousand dollars ($25,000.00) to the Hueneme School District (the District) for the District's purchase of studio equipment for the District's use in the classroom. In addition, each year thereafter, the grantee will provide on or before June 30, eight thousand dollars ($8,000.00) to the District in order for the District to purchase or upgrade studio equipment or for use in supporting the annual expenses associated with the operation of the District's studio.

(Ord. 578 § 2 (Exh. A (part)), 1992)

Grantee agrees to make available and negotiate with the owners of multidevelopment units to provide discounted service packages for basic and pay cable (not to include installation or other related fees) in exchange for grantee's one hundred percent penetration of the development.

(Ord. 578 § 2 (Exh. A (part)), 1992)

If any section, subsection, sentence, clause or phrase of Part A of this Chapter is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have passed Part A of this Chapter and each section, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of Part A of this Chapter shall not abate, reduce or otherwise affect any consideration or other obligation required of the grantee of any franchise granted hereunder.

(Ord. 578 § 2 (Exh. A (part)), 1992)