Rancho Cordova Municipal Code Art. II Issuance Of Licenses

Applications for a license under the commission upon a form as established from time to time for that purpose by the commission.

(SCC 690 § 1, 1987; SCC 786 § 1, 1989; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Applications for a license shall include at a minimum:

A. A clear description of the identity of the applicant, including but not limited to the name of the applicant, the address of the applicant, and the nature of business entity;

B. Copies of the policy or policies of liability insurance, including comprehensive general liability insurance products, completed operations liability, personal injury liability, owners and contractors protective liability, broad form property damage, contractual liability, automobile liability (owned, nonowned and hired automobiles), workers' compensation and employer liability required by RCMC § 5.75.604;

C.

1. A clear description of the boundaries of the precise geographic area for which applicant seeks a license ("license area") defining the area by metes and bounds in terms of street name and direction; or

2. A map or maps of a scale of not less than one inch equals 1,000 feet showing the license area boundaries;

D. A calculation and certification of the initial penal sum of the performance bond which will be provided prior to the initiation of construction pursuant to RCMC § 5.75.600 or the election of the applicant to provide the alternative performance bond specified by RCMC § 5.75.601; and

E. A service activation plan and schedule utilizing census tract or similar demographic data that demonstrates that the applicant will provide cable television services within the service area on a nondiscriminatory basis (racial/ethnic/economic), when evaluated beginning with the first anniversary of the issuance of the license and on a semi-annual basis thereafter. The format and reporting detail shall be subject to the approval of the commission.

(SCC 690 § 1, 1987; SCC 753 § 6, 1989; SCC 786 § 1, 1989; SCC 1225 § 1, 2002; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The cable television commission shall issue all licenses for which applications are received unless:

A. The application shall fail to comply with the provisions of RCMC § 5.75.102; or

B. Any license theretofore issued to any affiliate, subsidiary or parent of the licensee or any other person or entity in which the licensee has a financial interest or which has a financial interest in the licensee shall be thereupon in default as to any provision of this chapter or as to any provision of any license issued hereunder; or

C. The applicant fails to submit a service activation plan and schedule that meets the requirements of RCMC § 5.75.102, as determined by the commission.

(SCC 690 § 1, 1987; SCC 786 § 1, 1989; SCC 1225 § 2, 2002; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Upon the request of any licensee, the commission shall consolidate any designated licenses theretofore issued to said licensee into a single license having a remaining term of any license consolidated therein; provided, that (A) the licensee shall have submitted a single bond for the consolidated license area pursuant to RCMC § 5.75.600 or a bond pursuant to RCMC § 5.75.601; (B) all licenses to be consolidated shall have been issued to the same licensee; and (C) no license(s) theretofore issued to the licensee, or any affiliate, subsidiary or parent of the licensee or any other person or entity in which the licensee has a financial interest or which has a financial interest in the licensee shall be in default as of the date of the application for consolidation as to any provision of this chapter or as to any provision of any license issued pursuant to this chapter. For purposes of determination of default pursuant to the foregoing sentence, no license which has been surrendered for cancellation shall be considered to be such a default.

(SCC 753 § 2, 1989; SCC 786 § 1, 1989; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The term of all licenses issued pursuant to the provisions of this chapter shall be 20 years.

(SCC 690 § 1, 1987; SCC 753 § 7, 1989; SCC 786 § 1, 1989; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Any cable television system licensed pursuant to the provisions of this chapter shall provide equal and uniform cable television service and rates, charges and fees within the license area to all dwelling units which it serves; provided, that a licensee shall be free to offer and/or charge nonuniform rates, charges and fees to those subscribers or potential subscribers to whom (A) cable television services are then presently available from another cable television provider offering such services pursuant to a franchise, license or other authorization issued by the commission; and/or (B) promotional subscriptions or upgrade offers are made with the reduced or waived rate, charge or fee not to exceed 12 months for any subscriber for any given offer. Nothing contained in this section shall be construed to require other than uniform rates, charges and fees nor to authorize any conduct referenced by the provisions of RCMC § 5.75.406.

(SCC 690 § 1, 1987; SCC 753 § 7, 1989; SCC 786 § 1, 1989; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The applicant shall define a license area whose contour, so far as is possible, shall follow streets.

(SCC 690 § 1, 1987; SCC 786 § 1, 1989; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

If an applicant is a licensee, an affiliate of a licensee or controlled by a licensee, the commission may deny issuance of a license if the commission finds and determines that the issuance of any subsequent license(s) and the geographic areas requested to be served may result or appears to result in an overall service territory for the licensee or its affiliates or controlled entities that discriminates against any community, neighborhood or geographic area for socioeconomic reasons.

(SCC 1225 § 3, 2002; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)