Rio Dell Municipal Code Art. IV Miscellaneous

The captions to sections throughout this chapter are intended solely to facilitate reading and reference to the sections and provisions of this chapter. Such captions shall not affect the meaning or interpretation of this chapter.

(Ord. 251 § 1, 2004)

Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this chapter or any franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time.

(Ord. 251 § 1, 2004)

(1) Subscriber Right to Attach. To the extent consistent with Federal law, subscribers shall have the right to attach VCRs, receivers, and other terminal equipment to a franchisee's cable system. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment.

(2) Removal of Existing Antennas. A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the subscriber or potential subscriber, or prohibit installation of a new antenna; provided, that such antenna is connected with an appropriate device and complies with applicable law.

(Ord. 251 § 1, 2004)

(1) No Retaliatory Actions. A cable communications system operator shall not discriminate among persons or the City or take any retaliatory action against a person or the City because of that entity's exercise of any right it may have under Federal, State, or local law, nor may the operator require a person or the City to waive such rights as a condition of taking service.

(2) Employment and Hiring Practices. A cable communications system operator shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, sex, sexual orientation, age, disability, religion, ethnic background, or marital status. A cable communication system operator shall comply with all Federal, State, and local laws and regulations governing equal employment opportunities, and hiring practices, as the same may be amended from time to time.

(Ord. 251 § 1, 2004)

Access to a cable communication system operator's records shall not be denied to the City on the basis that said records contain proprietary information. Refusal to provide information to the City required herein, or required in a franchise or license, shall be grounds for franchise revocation. Subject to applicable law, including the California Public Records Act, California Government Code Section 6250 et seq., the City shall keep any information which is marked "proprietary" or "confidential" (and, under applicable law, deemed proprietary or confidential) submitted by franchisee or licensee as required under this chapter or by a franchise or license ("information") in confidence, as contemplated by California Government Code Section 6254.15. In the event that the City believes requested information must be disclosed, the City shall not disclose the information or any part thereof to any third party, government agency or regulatory body seeking to inspect or obtain the information under a California Public Records Act request without first informing the cable communication system operator of such request and affording the cable communication system operator the opportunity to resist such disclosure at its sole cost and expense. The City shall not be liable to the cable communication system operator for any submission or disclosure of such information to a third party as required by applicable law or to a government agency or regulatory body seeking the information and claiming jurisdiction in any of these events. Nothing in this section shall limit the right of the cable communication system operator to contest disclosure or submission to a third party as required by law or to a government agency or regulatory body asserting jurisdiction over it or such subject matter before such disclosure shall be effected.

(Ord. 251 § 1, 2004)

(1) Persons Operating without a Franchise. The operator of any facility installed as of the effective date of the ordinance codified in this chapter, for which a franchise is required under this chapter, shall have three months from the effective date of the ordinance codified in this chapter to file one or more applications for a franchise. Any operator timely filing such an application under this section shall not be subject to a penalty for failure to have such a franchise so long as said application remains pending; provided, however, nothing herein shall relieve any cable communications system operator of any liability for its failure to obtain any permit or other authorization required under other provisions of the Rio Dell Municipal Code, and nothing herein shall prevent the City from requiring removal of any facilities installed in violation of the Rio Dell Municipal Code.

(2) Persons Holding Franchises. Any person holding an existing franchise for a cable communications system may continue to operate under the existing franchise to the conclusion of its present term (but not any renewal or extension thereof) with respect to those activities expressly authorized by the franchise; and provided further, that such person shall be subject to the other provisions of this chapter to the extent permitted by law.

(3) Persons with Pending Applications. Pending applications shall be subject to this chapter. A person with a pending application shall have 30 days from the effective date of the ordinance codified in this chapter to submit additional information to comply with the requirements of this chapter's governing applications.

(Ord. 251 § 1, 2004)