Chapter 113 — CABLE COMMUNICATIONS

This chapter shall be known and cited as the City of Riverbank Cable Television Ordinance and shall be referred to herein as “this chapter.”

(Ord. 94-09, passed 9-12-94)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CABLE ACT. Refers to the Cable Communications Policy Act of 1984, as amended and supplemented by the Cable Television Consumer Protection and Competition Act of 1992, and any amendments thereto as codified in 47 USC 325(b) and 521 et seq.

CABLE SYSTEM. A facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service, which includes video programming and FM radio service, and which is provided to multiple subscribers within a community, but shall not include a facility that serves only to retransmit the television signals of one or more television broadcast stations; a facility that serves only subscribers in one or more multiple dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way; a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 USC 201 through 226, except that such facility shall be considered a cable system (other than for purposes of 47 USC 541) to the extent such facility is used in the transmission of video programming directly to subscribers; or any facilities of any electric utility used solely for operating its electric utility systems.

COUNCIL. The present highest governing body of the city or any future board constituting the legislative body of the city.

FRANCHISE. Any authorization granted pursuant to this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable system in the city, including any referenced specifications, franchise applications and other related material within such agreement.

FRANCHISE AGREEMENT. An agreement between the city and grantee, approved by ordinance or resolution of the Council, containing the specific provisions of the franchise granted, including any referenced specifications, franchise applications and other related material within such agreement.

FRANCHISE FEE. The tax, fee or assessment to be paid by grantee to grantor solely because of grantee's operation of a cable system within the franchise territory. Such fee does not include: any capital costs which are required by the franchise to be incurred by the grantee for public, educational, or governmental access facilities; any tax, fee, or assessment of general applicability; or to the extent allowed by law, any franchise application or renewal fees or consulting fee reimbursements payable by the grantee to the city.

FRANCHISE TERRITORY. The portion of the city defined in the franchise agreement for which a franchise is granted.

GRANTEE. The person or entity to whom or which a franchise, as defined above, is properly granted by the Council under this chapter, and the lawful successor, transferee or assignee of the person or entity, pursuant to § 113.018(D) hereto.

GROSS QUARTERLY RECEIPTS. All amounts which are received directly or indirectly, by grantee from or in connection with the operation of its cable system during the first, second, third or fourth three-month period in any year (or portion thereof). Gross quarterly receipts shall include receipts from the distribution of any basic, premium, or pay-per-view service over the cable system to any subscriber; installation, reconnection and similar fees; fees paid for channels designated for commercial use; converter rentals or sales; studio and other facility or equipment rentals, other than those not associated with the operation of the system; advertising revenues (based on the percentage of subscribers in the franchise territory); revenue derived from the sale of products advertised or promoted on the system, to the extent such revenue represents payment, in whole or in part, for the use of a channel on the system. Gross quarterly receipts shall also include the gross revenue of any other person which is derived directly or indirectly from or in connections with the operation of the system, but only to the extent that the revenue is derived through a means which has the effect of avoiding payment of franchise fees to the city that would otherwise be due hereunder and in no event shall it include any amount received by any person for management or consulting services related to the cable system. Gross quarterly receipts shall not include: revenue of any person, including, without limitation, an affiliated person or supplier of programming to grantee, to the extent that the revenue is also included in the gross quarterly receipts of grantee; taxes or other charges imposed by law on subscribers or other person which grantee collects and which grantee passes on, in full, to the applicable authority or authorities; amounts collected by grantee from subscribers on behalf of commercial use or access channel programmers, to the extent that the amounts are passed on in full by grantee to the programmers; any investment income earned by grantee, or receipts from grantee's sale of assets; uncollected amounts, provided, however, that any amounts later collected shall be included immediately upon receipt by grantee; the value of any free service; or the value of any public, educational or governmental services unauthorized and required by this agreement.

PROPERTY OF GRANTEE. All property owned, installed or used by a grantee in the conduct of a television business in the city under the authority of a franchise.

STREET. The surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive, easements, licenses, permits, rights-of-way of any kind or nature whatsoever and public property and areas now or hereafter existing as such within the city. (Ord. 94-09, passed 9-12-94)

FRANCHISE PROVISIONS

(A) Grant. Subject to applicable state and federal law, a nonexclusive franchise to construct, operate and maintain a cable system within all or any portion of the city may be granted by the Council to any person or entity, whether currently operating under an existing franchise or not, who or which offers to furnish and provide such services pursuant to the terms of this chapter.

(B) Limitation. 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.

(C) Use of public streets and highways. Any such franchise shall authorize and permit the grantee to engage in the business of operating and providing a cable 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 public street or highway within the area of the franchise, such poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property as may be necessary and appurtenant to the cable 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 franchises or permitted to do business in the area of the franchise.

(Ord. 94-09, passed 9-12-94)

(A) Duration. No franchise granted by the Council under this chapter shall be for a term longer than 15 years following the effective date (as herein defined) of such franchise or any renewal thereof.

(B) Effective date. The effective date of the franchise shall be the date on which the franchise agreement has been executed or the date on which the resolution of the Council approving the execution of the franchise becomes effective, whichever is later. Notwithstanding the foregoing, city and the grantee may agree on a specific effective date in the franchise agreement, which shall thereafter be binding on the parties.

(C) Termination. The franchise shall terminate without further action by the city at the end of the term, provided, however, that the city, at or before the end of the term, retains the exclusive power to grant an extension, or a renewal of the franchise to grantee. Any termination or revocation of the franchise prior to its terms shall be executed in accordance with 47 USC 547.

(D) Franchise renewal. The renewal procedure specified in 47 USC 546 shall, if the grantee requests, be commenced by the city during the six month period which begins three years prior to the expiration of the term of the franchise. Any such renewal shall also be subject to the requirements of § 113.019 hereunder, which relate to the application for a franchise.

(Ord. 94-09, passed 9-12-94)

(A) Franchise fee.

(1) Any grantee shall pay to the city, during the life of the franchise, a sum equal to 5% of the gross quarterly receipts of the grantee, provided, however, that in no event shall the franchise fee for any 12-month period ever exceed 5% of the sum of the grantee's gross quarterly receipts for such period. Grantee shall also pay to the city when due such other sums as may be provided for in the franchise agreement. In no event shall the fee be more than that authorized by applicable federal and state law. Such fee by the grantee to the city shall be payable on or before the thirtieth day following the end of each respective calendar quarter during the term of the franchise, by delivery of the same to the City Clerk. All payments made hereunder shall be made in lieu of any business license, occupation tax or similar levy.

(2) In the event that the above payments and financial statements are not received by the city within ten days of the specified due dates, grantee shall pay to the city a late charge to cover administrative, bookkeeping and other expenses attendant thereto, of 2% of the amount due for such calendar quarter plus interest at the rate of 10% per annum on any late payment computed from the date due to the date of payment.

(B) Financial statement. The grantee shall file with the city, within 60 days after the expiration of any calendar year (or portion thereof) during which such franchise is in force, a financial statement prepared by an independent certified public accountant who is satisfactory to the Council and certified by the chief financial officer of the grantee, showing receipts of grantee during the calendar quarters (or portion thereof in the case of an initial or final quarter) in the preceding calendar year.

(C) Inspection; audit. Upon written request made at least seven days in advance during normal business hours, any duly authorized representative of the city shall have the right to inspect and audit the grantee's records showing the gross quarterly receipts from which its franchise fee payments are computed. Any such inspection or audit shall take place within 36 months following the respective month and records thereof in question. If an underpayment in excess

of 5% of the franchise fee for any calendar quarter is determined in such inspection or audit conducted by or at the direction of the city, then the cost of such inspection or audit shall be borne by the grantee.

(D) Acceptance by city. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim that the city may have for any sums payable under this chapter or for the performance of any other obligation hereunder.

(Ord. 94-09, passed 9-12-94)

(A) Nonexclusive. Any franchise granted under this chapter shall be nonexclusive.

(B) Exemptions. No privilege or exemption shall be granted or conferred by any franchise except those specifically prescribed herein, in the franchise agreement or as subsequently determined by the Council and expressed by resolution.

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

(D) Transfer.

(1) Any franchise granted hereunder shall be a privilege to be held in personal trust by the original grantee. Neither the franchise, nor any rights or obligations of the grantee pursuant to the franchise or cable system shall be transferred in part or as a whole, by assignment, trust, mortgage, lease, sublease, pledge or other hypothecation or by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, nor shall the title to the franchise or system, either legal or equitable, or any right or interest therein, pass to or vest in any person or entity, nor shall a change in control (20% or more) of grantee occur, either by act of the grantee, by operation of law or otherwise, in each case, without the prior consent of the Council expressed by resolution, and then only under such conditions as may therein be prescribed. The consent of the Council may not be unreasonably withheld, provided, however, that any proposed assignee must show complete financial and technical ability to operate a franchise hereunder and must agree to comply with all provisions of this chapter and any preexisting agreements between the city and grantee.

(2) Nothing contained in this division (D) shall be deemed to prohibit or require city approval of any assignment, pledge, lease, sublease, mortgage, or other transfer or hypothecation of all or any part of the stock of (or other evidence if ownership in) or assets (not including the franchise) of the company or the system, or any right or interest therein, for securing an indebtedness, provided that each such assignment, pledge, lease, sublease, mortgage, or other transfer or hypothecation shall be subject to the rights of the city pursuant to this agreement, or applicable law, and such rights of the city shall be recognized in each such hypothecation agreement between grantee and any such creditor.

(3) The restrictions contained in this division (D) shall not apply to any transfer or hypothecation, assignment, or other disposition, between or among persons in common control with the grantee, provided that in such instances or any other instances where any change in the ownership of grantee is to be undertaken, prior written notice of any such change shall be provided to the city.

(4) A grantee shall file written notice with the city as soon as it acquires knowledge of any impending transaction or other event for which the consent of the city is required under this division (D). The notice shall state the name and address of the interested parties in the transaction, and enclose a copy of any executed agreement between the interested parties. Furthermore, the grantee shall agree to provide any and all information and documentation as may be reasonably requested by the city in connection with its review of any proposed transfer. By its acceptance of the franchise, the grantee agrees that any such acquisition occurring without prior approval of the city shall constitute a violation of the franchise by grantee.

(5) Any such transfer shall be subject and subordinate to the rights of the city under any franchise agreement granted hereunder, and the transferee shall acknowledge in writing such subordination and agreement to comply with and be bound by all of the terms, conditions, and requirements of the franchise agreement, as well as this chapter.

(E) Time of the essence. Time shall be of the essence of any franchise. The grantee shall not be relieved of its obligation to comply promptly with any of the provisions of this chapter or the franchise agreement, by any failure of the city to enforce prompt compliance.

(F) City right of transfer. Any right or power in, or duty impressed upon, any officer, employee, department, or board of the city may be transferred at any time by the city to any other officer, employee, department, or board of the city.

(G) Legal compliance. The grantee shall comply with all federal, state, city and local laws as now or hereafter enacted during the term of the franchise. Copies of all petitions and applications concerning the franchise submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having appropriate jurisdiction shall also be contemporaneously submitted to the City Clerk.

(H) Pole attachments. Franchises granted under this chapter 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 utility poles.

(I) Private property. Except as otherwise provided by law, the granting of a franchise shall not be construed as permission or authority to enter on, occupy, or otherwise use any private property without the express consent of the owner or agent in possession thereof.

(Ord. 94-09, passed 9-12-94)

(A) Procedures. Application for a franchise hereunder or any renewal thereof shall be in writing accompanied by an application fee of $10,000, and be filed with the city. Notice of intent to renew under the Cable Act shall not be deemed to be an application for a renewal. The application fee shall be for ordinary and reasonable costs which the city will incur in connection with the preparation of an ordinance, related agreements or any renewal thereof. To the extent allowed by law, such fee shall be within the exclusion to the term “franchise fee” as defined in 47 USC 542(g) (2) and shall not be deemed to be part of the franchise fee obligations of grantee pursuant to § 113.017(A) hereof. Application for a franchise hereunder shall contain, at option of the city, the following information:

(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, executive officers, major stockholders, and the names and addresses of parent and subsidiary companies. (2) A statement and description of the cable system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which applicant proposes to construct, install, maintain and operate the same; and particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system.

(3) A description, in detail, of the streets, public places and proposed public streets within which applicant proposes or seeks authority to construct, install or maintain any cable equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof.

(4) A map specifically showing and delineating the existing and proposed service area or areas within which applicant proposes to provide cable services and for which a franchise is requested.

(5) A statement or schedule setting forth the number of channels and all of the television or radio stations proposed to be received, transmitted, conducted, relayed, or otherwise conveyed over the cable system.

(6) A statement or schedule in a form approved by the City Manager of proposed rates and charges to subscribers for installation and services, and a copy of the proposed subscription agreement between the grantee and its subscribers shall accompany the application.

(7) A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines, or conduits.

(8) A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed cable operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever.

(9) A financial statement prepared by a certified public accountant or person otherwise satisfactory to the city, showing applicant's financial status and his financial ability to complete the construction and installation of the proposed cable system.

(10) The city may at any time demand and applicant shall provide such supplementary, additional or other information as the city may deem reasonably necessary to determine whether the requested franchise should be granted.

(B) Grant to applicant. Upon consideration of any such application, the Council may refuse to grant the requested franchise or the Council may by ordinance or resolution grant a franchise for a cable system to any such applicant as may appear from the application to be in its opinion best qualified to render proper and efficient cable service to television viewers and subscribers in the city. The Council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.

(C) Franchise agreement.

(1) Any franchise agreement granted pursuant to this chapter shall include the following condition:

“The cable system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Riverbank and no other purpose whatsoever.”

(2) Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the city to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter. (Ord. 94-09, passed 9-12-94)

(A) Filing. Within 30 days after the effective date of the franchise, or within such extended period of time as the Council in its discretion may authorize, the grantee shall file with the City Clerk: its agreement to be bound by and to comply with and to perform all acts required of grantee by the provisions of this chapter and the franchise agreement; and documents evidencing its compliance with the surety bond and insurance requirements, as required in § 113.084 of this chapter.

(B) Condition subsequent to effectiveness of franchise. If grantee fails to file the documents required in division (A) above in a timely manner, then grantee's rights under the franchise agreement shall immediately terminate until such time as grantee shall have complied with division (A) of this section. (Ord. 94-09, passed 9-12-94)

RIGHTS RESERVED TO THE CITY

Subject to state and federal law, nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the right of the city to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at fair market value as provided by law. Nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the city's right of eminent domain. (Ord. 94-09, passed 9-12-94)

There is hereby 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 any 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, except as may limit the grantee's contractual rights under this chapter and the franchise agreement or grantee's constitutional rights.

(Ord. 94-09, passed 9-12-94)

Neither the granting of any franchise hereunder nor any provisions contained herein shall be construed to prevent the city from granting any identical or similar franchise to any other person or entity within all or any portion of the city. (Ord. 94-09, passed 9-12-94)

The city may, from time to time, in the exercise of its police power, adopt or issue such reasonable rules, regulations, orders or other directives governing grantee under this chapter and require full and timely compliance on the part of the grantee, provided such rules, regulations, orders and directives are equally imposed on all persons operating cable systems in the city, and are reasonably necessary or appropriate in furtherance of the purposes of this chapter provided such rules, regulations, orders or directives are not materially in conflict with the provisions of this chapter or the franchise agreement.

(Ord. 94-09, passed 9-12-94)

Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the city.

(Ord. 94-09, passed 9-12-94)

The city shall have the right, during the life of any franchise, to install and maintain free of charge upon the poles of the grantee any wire and pole fixtures necessary for police and fire alarm systems, on the condition that such wire and pole fixtures do not interfere with the operations of grantee. The city shall assume, indemnify, defend and hold grantee harmless from and against all claims and liability for damages caused or occasioned by the construction and maintenance of such police and fire alarm systems.

(Ord. 94-09, passed 9-12-94)

PERMITS, INSTALLATION, DESIGN, AND CONSTRUCTION

Within 30 days after the effective date of any franchise, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including without limitation, any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of the cable system, or their associated microwave transmission facilities.

(Ord. 94-09, passed 9-12-94)

The cable system shall be constructed in accordance with the design requirements, if any, contained in the franchise agreement.

(Ord. 94-09, passed 9-12-94)

The grantee shall design and construct the cable system and any additions thereto in such a manner as to have the capability within a reasonably short period of time to pass by every single dwelling unit, multiple dwelling unit, business establishment, public school, hospital, library, law enforcement station, fire station and all other buildings owned or controlled by the city within the franchise territory. Such service shall be provided to subscribers in accordance with the schedules in the franchise agreement and line extension policies specified in § 113.051 herein. Cable system construction and provision of service shall be non-discriminatory, and shall not delay or defer service to any section of the franchise territory on grounds of economic preference of the grantee. (Ord. 94-09, passed 9-12-94)

(A) Grantee shall comply with the requirements of the cable system construction schedule, if any, contained in the franchise agreement and any amendments thereto.

(B) Construction of the cable system and service need not be provided where power and telephone utility services are not available.

(C) In the franchise agreement, grantee shall provide a detailed construction plan indicating progress schedule, area construction maps, test plan, and dates for offering service. In addition, as long as construction has not been completed, grantee shall provide grantor an update of this information for grantor on a monthly basis, showing specifically whether schedules are being met and the reasons for any delay.

(D) Failure to begin construction within six months after award of the franchise shall be grounds for immediate franchise termination, at the option of grantor.

(Ord. 94-09, passed 9-12-94)

(A) New development undergrounding. In cases of new construction or property development where utilities are to be placed underground, upon request by grantee, the developer or property owner shall give grantee reasonable notice of the particular date on which open trenching will be available for grantee's installation of conduit, pedestals, or vaults. Grantee shall also timely provide specifications to the developer and property owner as needed for trenching. Costs of trenching, installing conduit, and obtaining easements required to bring service to any development shall be

apportioned between grantee, utility service providers, and the property owner as they may agree among themselves. Developer shall, however, be primarily responsible for all costs unless agreed otherwise.

(B) Undergrounding at multiple-dwelling units. In cases of utility services delivered aerially to multiple dwelling units, grantee shall make every effort to minimize the number of individual aerial drop cables, giving preference to undergrounding of multiple drop cables between the pole and dwelling unit.

(C) Additional undergrounding. In those areas and portions of the city where the transmission or distribution facilities of either the public utility providing telephone service or those of the utility providing electric service are already placed or to be placed underground at such utility's cost, subject to division (A) above, 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, such as, streamlining. Amplifiers and other equipment in grantee's transmission and distribution lines may be placed in appropriate housings upon the surface of the ground if approved by the Director of Public Works. The city shall not in any manner be responsible for any costs or liabilities incurred by grantee in placing grantee's facilities underground or obtaining any easements therefor.

(Ord. 94-09, passed 9-12-94)

(A) The grantee shall extend cable service to any premises located in the service area served by the grantee's energized distribution cable which requires only the connection of a standard drop or tap to make such service available, including those premises serviced by underground utilities, at a standard rate if the owner or occupant of the premises requests such service.

(B) If the service connection requires no more than a 250-foot aerial drop line, the grantee shall provide connection to its service at no charge for the initial 250 feet, other than the grantee's standard installation fee. The grantee may charge any new subscriber the maximum amount allowable by law for that portion of any new aerial service connection in excess of 250 feet, the length of any new service connections installed underground and the entire length of any new service connection to remote or relatively inaccessible subscribers. Prior to installing any service connection for which the grantee will charge a potential subscriber on a time and material basis, the grantee must present the prospective subscriber with a written statement of its estimated costs for the service connection. (Ord. 94-09, passed 9-12-94)

The grantee shall be required to extend energized trunk cable from any existing terminus of the cable system to any area within the franchise territory having a density of at least ten existing and completed dwelling units within any one-quarter linear mile, provided that the dwelling unit nearest to the existing terminus of the cable system in such one-quarter linear mile area is within one-half mile of the existing terminus of the cable system. Within 30 days after grantee has confirmed the existence of the density provided above, grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required for the extension of such trunk cable, including any utility joint use agreements and any permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of the cable system. Within 30 days following completion of such line extension construction, the grantee shall proceed to render service, provided, however, that any such subscriber requesting service from the extension of the energized trunk cable shall be subject to the provisions of § 113.050 herein with regard to costs of a tap or drop in excess of 250 feet.

(Ord. 94-09, passed 9-12-94)

PROPERTY OF GRANTEE

Any poles, wires, cable lines, conduits or other properties of the grantee to be 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 city. Further, the grantee shall not install or erect any facilities or apparatus in or on other public property, places or right-of-way, or within any privately owned area 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 city and the owner of any applicable privately owned property. (Ord. 94-09, passed 9-12-94)

All transmission and distribution structures, lines and equipment erected by the grantee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the streets, alleys or other public ways and places. In the case of disturbance of any street, sidewalk, alley, public way, or paved area, the grantee shall, at its own cost and expense and in a manner approved by the Director of Public Works replace and restore such street, sidewalk, alley, public way, or paved area in as good a condition as before the work involving such disturbance was done. Any such work shall be completed as soon as is practicable. (Ord. 94-09, passed 9-12-94)

(A) Abandonment. If use of any part of the cable system is discontinued for any reason for a period of 90 consecutive days or if such system or property has been installed in any street or public place without complying with the requirements of the franchise agreement or this chapter, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given 30 days' written notice from the city, remove from the streets or public places all such property and poles of such cable system or, at the option of the city, such property may be abandoned in place. Upon removal of the system, the grantee shall promptly restore the street or other area from which such property has been removed to a condition reasonably satisfactory to the Director of Public Works.

(B) Property abandoned in place. Any property of the grantee to be abandoned in place shall be abandoned in such manner as the city shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the city. The grantee shall submit to the city an instrument in writing, to be approved by the City Attorney, transferring to the city the ownership of such property.

(Ord. 94-09, passed 9-12-94)

The grantee shall 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 city by reason of traffic conditions, public safety, street vacation, freeway, and street constructions change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks or other type of structures or improvements by public agencies at the expense of grantee. However, 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 § 113.067 above.

(Ord. 94-09, passed 9-12-94)

LIABILITY, INDEMNIFICATION, AND TERMINATION

The grantee shall indemnify and save harmless and defend the city, its officers and employees from and against any and all injury, loss, damage, costs, expenses, claims, attorneys' fees, demands, actions, suits, judgments, or other proceedings, or liability, including but not limited to any liability for inverse condemnation or for failure to secure consents for programs delivered by the grantee's system, arising out of or in any way connected with the grant, exercise or enjoyment of grantee's franchise. These damages or penalties shall include, without limitation, damages arising out of copyright infringements and all other damages arising out of the installation, operation, or maintenance of the cable system, whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise.

(Ord. 94-09, passed 9-12-94)

The grantee shall pay and by its acceptance of a franchise specifically agrees that it will pay all expenses incurred by the city in defending itself under § 113.080 above. These expenses shall include all out-of-pocket expenses, such as reasonable attorney fees, and shall also include the reasonable value of any services rendered by the City Attorney or his assistants or any employees of the city.

(Ord. 94-09, passed 9-12-94)

(A) Insurance. The grantee shall maintain, and by its acceptance of a franchise specifically agrees that it currently possesses and will maintain throughout the term of the franchise 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 and in a form satisfactory to the city naming the city, its officers, boards, commissions, agents, and employees as additional insureds and protecting the city and all persons against liability for loss or damage for personal injury, death, or property damage, occasioned by the operations of grantee under this franchise, in the amounts of $1,000,000 for bodily injury or death to any one person, with the limit, however, of $1,000,000 for bodily injury or death resulting from any one accident; $1,000,000 for property damage resulting from any one occurrence; and $1,000,000 for Workers Compensation and Employer's Liability.

(B) Insurance policy.

(1) The insurance policy mentioned in division (A) above shall contain an endorsement stating that the policy is extended to cover the liability assumed by the grantee under the terms of the franchise, and shall contain an endorsement as follows:

“It is hereby understood and agreed that this policy may not be cancelled nor the amount of any coverage thereof reduced until 60 days after receipt by the City Clerk of the City of Riverbank, City Hall, Riverbank, California, by registered mail, of a written notice of such proposed cancellation or reduction in coverage.”

(2) Additionally, grantee agrees to comply with all reasonable insurance requirements imposed by the city and agrees that the amount of the insurance required hereunder may be reasonably amended not more often that every

three years by the city to take account of inflation and considerations of risk and potential liability. (Ord. 94-09, passed 9-12-94)

(A) No later than the effective date of any franchise granted hereunder, the grantee shall establish and provide to the city a corporate surety bond (the “surety bond”) in a form reasonably acceptable to the city and its counsel in the sum of $15,000 as security for the faithful performance by the grantee of specified provisions of the franchise agreement. The surety bond shall remain at this level throughout the term of the franchise. The surety bond may be assessed by the city, following 14 days' prior written notice and hearing, for the following purposes:

(1) Payment of franchise fees which the grantee has failed to pay to the city for any franchise hereunder;

(2) Reimbursement of proper costs borne by the city to correct franchise violations not corrected by the grantee, provided that the city has first provided grantee with written notice of such violation and grantee has not either cured such violation or given the city notice that it disputes that such violation has occurred within a reasonable time after grantee has received the city's notice of violation;

(3) Payment of liquidated damages assessed against the grantee due to default or violation of the franchise requirements;

(4) Compensation and costs of completing or repairing the system as provided in the franchise agreement;

• (5) Compensation and costs of removal of any abandoned property;

(6) Repair of damage to streets caused by grantee or any officer, agent, employee, contractor or subcontractor retained by grantee;

(7) Other public or private improvements made necessary as a result of the failure of grantee to comply with any provisions of any franchise agreement granted hereunder. Within 30 calendar days after notice is mailed to the grantee that any amount has been paid to the city by the surety bond pursuant to this section, the grantee shall restore the surety bond to its original level.

(B) If the surety bond is assessed in accordance with this section and the terms of the surety bond, grantee agrees not to withhold these funds from the city or refuse to restore the surety bond if required by this section, nor to attempt through litigation to prevent or inhibit the city from taking such funds. If grantee has been given the required notice and opportunity to be heard, then grantee's recourse, in the event grantee believes any taking of funds from the surety bond is improper, shall be through legal action, after the surety bond has been drawn upon.

(C) If the city's action or taking is found to be improper by any court or agency of competent jurisdiction, grantee shall be entitled to a refund of the funds taken, plus interest thereon and/or any other award which such court or agency shall make.

(Ord. 94-09, passed 9-12-94)

A copy of the surety bond, and a certificate of insurance evidencing the insurance policies described in § 113.082(A) above and written evidence of payment of required premiums, shall be filed and maintained with the City Clerk during the term of the franchise.

(Ord. 94-09, passed 9-12-94)

Neither the provisions of this chapter, 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 any franchise agreement hereunder or for damages, either to the full amount of the surety bond or otherwise.

(Ord. 94-09, passed 9-12-94)

Subject to the provisions of this chapter and any franchise agreement granted hereunder, the city shall be

empowered, following 14 days' prior written notice to grantee, hearing and reasonable opportunity to cure, to impose the following sanctions:

(A) The termination of a franchise in whole or in part as provided in § 113.088.

(B) For failure by the grantee to complete the system, build or rebuild expanding channel capacity to the required capacity by the date set forth in the franchise agreement, the grantee shall pay not more than $250 per day for each day the deficiency continues.

(C) For failure of the grantee to provide extension of service in accordance with the franchise agreement unless the city specifically approves a delay due to the occurrence of conditions beyond grantee's control, grantee shall pay to the city not more than $150 per day for each day the deficiency continues.

(D) For failure by the grantee to provide the city with a copy of the financial statement required by § 113.017, a copy of the surety bond required by § 113.083, a copy of the certificate of insurance required by § 113.082, complaint logs, maps, and permits, grantee shall pay to the city not more than $25 per day for each day that such violation continues.

(E) For failure by the grantee to comply with quality of service or operation or technical standards following the city's written notice directing grantee to make improvements, grantee shall pay to the city not more than $50 per day for each day the violation continues.

(F) For failure by grantee to test, analyze, and report on the performance of the system following a request by the city pursuant to § 113.100(B) below, grantee shall pay to the city not more than $20 for each day that such noncompliance continues.

(G) Each of the sanctions above shall commence, if at all, on the day after the city has satisfied the procedural requirements of this section.

(Ord. 94-09, passed 9-12-94)

(A) Credits to subscribers. Except as may be otherwise provided in any franchise agreement and except for acts beyond the reasonable control of grantee or where prior approval has been obtained from the city, in the event that service to any subscriber or user in interrupted (and provided a claim therefor shall have been made to grantee's local office within 30 days of a subscriber's receipt of a service bill), a grantee shall credit a percentage of the monthly fee to affected subscribers or users as follows:

• (1) Twenty-four consecutive hours: 5% rebate of the monthly fee;

• (2) Twenty-four to 48 consecutive hours: 15% rebate of the monthly fee; and

• (3) Forty-eight to 72 consecutive hours: 25% rebate of the monthly fee.

• (B) Determination of right to credit. After 14 days' prior written notice to grantee and opportunity to be heard, the

city shall be empowered to determine whether the subscriber is entitled to a credit in all cases where the grantee denies such. If the city determines that a subscriber is entitled to a credit, it shall notify grantee in writing (by delivery to grantee's local office or by regular mail, neither certified nor registered) of the name of the subscriber, the amount of the credit and the reason therefor. A copy thereof shall be sent to the subscriber.

(Ord. 94-09, passed 9-12-94)

(A) Termination of franchise for cause. In addition to all other rights and powers of the city, the city reserves the right to terminate any franchise granted hereunder and all rights and privileges of a franchise hereunder in the event that any grantee:

(1) Violates any material provisions of this chapter or any rule, order, or determination of the city made pursuant hereto, provided however, a sanction for such violation has been finally imposed on at least one prior occasion within one year of final determination of the sanction and provided, further, that the city has found that the violation is material to this chapter or the franchise agreement awarded pursuant to this chapter;

(2) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt or is subject to the appointment of a receiver;

(3) Fails to begin or complete system construction or extension as provided in this chapter or a franchise granted thereunder; or

(4) Misrepresents any material fact in any reports required to be filed pursuant to this chapter.

(B) Termination procedures. No such termination shall take place unless and until the following procedures have been followed:

(1) The city shall provide grantee with written notice of the violation by certified mail. The notice shall specify the basis for the city's determination and shall specify the immediate action required of grantee to correct the material violation.

(2) If the violation continues for a period of 45 days following written notification from the city, the city may place a request for termination of the franchise on a regularly scheduled City Council meeting agenda. The city shall cause to be served upon the grantee by certified mail at least 14 days prior to the day of such City Council meeting, a written notice of the intent to request such a termination and the time and place of the meeting.

(3) After providing franchisee with notice and opportunity to be heard and in the event the city determines that grantee, by its acts or omissions, has given the city cause for termination of the franchise, the city may make written demand upon grantee for full compliance. If the material violation is not cured to the reasonable satisfaction of the city within 30 days or such additional time as the city may allow, the city may after written notice to grantee and final opportunity to be heard (in the exercise of its reasonable discretion) declare the franchise terminated and of no further force or effect.

(Ord. 94-09, passed 9-12-94)

In the event that the city requires grantee to dismantle the system, grantee shall, in an expeditious manner, at its own expense and at the direction of the city, restore any property, public or private, to substantially the same condition in which it existed prior to the erection or construction of the system, including any improvements made to such property subsequent to the construction of the system.

(Ord. 94-09, passed 9-12-94)

INSPECTIONS AND EVALUATION

(A) Inspection. Upon written request made seven days in advance, during normal business hours, the grantee shall permit any duly authorized representative of the city to examine the cable system 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 pertain to the operation of the cable system. If any such maps or records are not kept in the city, or upon reasonable request are not made available in the city, and if the Council shall determine that an examination thereof is necessary or appropriate then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

(B) Reports. The grantee shall prepare and furnish to the city at the times and in the form prescribed by the city such reports with respect to its operation, affairs, transactions or property, as may be reasonably necessary or appropriate concerning both the cost to grantee and the value to the city to the performance of any of the rights, functions or duties of the city or any of its officers in connection with the franchise. The costs of furnishing such reports shall be borne by the grantee up to a maximum of $2,000 per year.

(C) Location of equipment. The grantee shall at all times make and keep in the city full and complete plans and records showing the exact location of all cable system equipment installed or in use in streets and other public places in the city. The grantee shall file with the city on or before the first anniversary date of the franchise grant or renewal, as the case may be, a current map or set of maps drawn to scale, showing all cable system equipment installed and in place in streets and other public places of the city.

(Ord. 94-09, passed 9-12-94)

(A) The cable system shall meet all technical and performance standards contained in the franchise agreement. If requested by either party not later than the anniversary dates stated below, within 120 calendar days following the fifth and (in the case of a franchise term extending for more than ten years) tenth years' anniversary dates of the effective date of the franchise, the grantee and the city shall conduct evaluation sessions for the purpose of evaluating the grantee's performance in meeting the technical and performance standards as set forth in this chapter and the franchise agreement and for the purpose of evaluating the efficiency and effectiveness of the system to meet community needs and consumer demand.

(B) The evaluation sessions shall be conducted during public hearings held by the city. Any and all technical and performance requirements of this chapter and the franchise agreement may be reviewed and performance evaluated, and all sections in this chapter that are subject to revision so long as in accordance with state and federal law, as may be amended from time to time. Topics discussed at such sessions may include, but shall not be limited to, service rate structures, completion of the system, formulae used in system extension, application of new technologies, system technical performance, maintenance procedures, services provided, plans to upgrade the system, new services or additional transmission capacity, broad categories of programming, privacy, customer complaints and informal dispute settlement procedures, customer service rules and penalty schedule, illegal connections, office and field service, community programming facilities and services, public and educational access facilities and programming, municipal and school building connections, interconnection, emergency override, affirmative action training and employment and enterprise programs, grantee or city rules and regulations; and shall include any topic relating to technical and performance requirements of the ordinance and franchise agreement which the grantee, city or members of the public request to be discussed.

(C) Should the state or any agency thereof, the United States or any federal agency thereof, or any state or federal court legally allow either the city or the grantee to act in a manner which is inconsistent with any provisions of the ordinance or franchise agreement granted hereunder, the city and the grantee shall each be authorized to determine whether a material provision of the franchise agreement or ordinance is affected in relation to the rights of benefits conferred by the franchise agreement and ordinance. Upon such determination, the city and the grantee shall negotiate in good faith to modify or amend the ordinance and franchise agreement to such extent as may be necessary to carry

out the full intent and purposes of the change in law in relation to the rights and benefits of the grantee, the city of the public.

(Ord. 94-09, passed 9-12-94)

MINIMUM CONSUMER PROTECTION AND SERVICE STANDARDS

Grantee shall provide the necessary facilities, equipment and personnel to comply with the following consumer protection and standards under normal conditions of operation:

(A) Sufficient toll-free telephone line capacity during normal business hours to assure that a minimum of 95% of all calls will be answered before the fourth ring.

(B) Emergency toll-free telephone capacity on a 24-hour basis, including weekends and holidays.

(C) An emergency system maintenance and repair staff, capable of responding to and repairing major system malfunction on a 24-hour per day basis.

(D) An installation staff, capable of installing service to any subscriber within seven days after receipt of request, in all areas where trunk and feeder cable have been activated.

(E) Grantee shall schedule, within a specified four-hour time period, all appointments with subscribers for installation or service.

(Ord. 94-09, passed 9-12-94)

(A) Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions, insofar as possible, shall be preceded by notice and shall occur during a period of minimum use of the system, preferably between midnight and 6:00 a.m. Grantee shall maintain a repair force of technicians generally capable of responding to subscriber requests for service within the following time frames:

(1) For a system outage: Within two hours, including weekends, of receiving subscriber calls or request for service which by number identify a system outage of sound or picture of one or more channels, affecting at least 10% of the subscribers of the system.

(2) For an isolated outage: Within 24 hours, including weekends of receiving requests for service identifying an isolated outage of sound or picture for one or more channels.

(3) For inferior signal quality: Within 48 hours, including weekends, of receiving a request for service identifying a problem concerning picture or sound quality.

(B) Grantee shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives at the service location and begins works on the problem. In the case of a subscriber not being home when the technician arrives, the technician shall leave written notification of arrival. Three successive subscriber failures to be present at an appointed time shall excuse grantee of duty to respond.

(C) No charge shall be made to the subscriber for any service call unless the service request can be demonstrated to be unrelated to the cable system or to involve subscriber negligence, or damage to grantee's property by the subscriber.

(D) Unless excused, grantee shall determine the nature of the problem within 48 hours of beginning work and resolve all cable system related problems within five business days unless technically unfeasible. (Ord. 94-09, passed 9-12-94)

Grantee shall maintain a written log, or an equivalent stored in computer memory and capable of access and reproduction in printed form, for all service interruptions and requests for cable service that result in a service call. (Ord. 94-09, passed 9-12-94)

Grantee shall notify subscribers of the expected time of any service visit. At a minimum such notification shall indicate the four-hour period within which the visit will occur. To the extent practicable subscriber preferences for the scheduling of service visits shall be honored.

(Ord. 94-09, passed 9-12-94)

(A) Grantee shall establish written procedures for receiving, acting upon, and resolving subscriber complaints without the intervention by grantor. The written procedures shall prescribe the manner in which a subscriber may submit a complaint either orally or in writing specifying the subscriber's grounds for dissatisfaction. Grantee shall file a copy of these procedures with grantor.

(1) Grantor may determine, upon review of a subscriber complaint and the grantee's decision, if any, whether further action is warranted.

(2) The grantor may establish an escrow account wherein a subscriber may deposit a disputed portion of the subscriber's monthly service charge. If a subscriber either continues to make full and timely payment of all monthly service charges to grantee or deposit any disputed portion of such monthly service charges into the escrow account, grantee shall not discontinue service during the pendency of complaint submitted under the provisions of this chapter. Any amount deposited in the escrow account shall be paid to the grantee or subscriber in accordance with a final determination of a complaint.

(3) It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to rebuild, modify, or sell the system, or the grantor gives notice of intent to terminate or not to renew the franchise, the grantee shall act so as to ensure that all subscribers receive service so long as the franchise remains in force.

(B) Grantee shall furnish to subscribers at the time of the initial subscription and not less than every year thereafter a notice of such procedures.

(Ord. 94-09, passed 9-12-94)

(A) Upon five days notice, grantee shall establish its compliance with any or all of the standards required above. Grantee shall provide sufficient documentation to permit grantor to verify the compliance.

(B) A repeated and verifiable pattern of material non-compliance with the consumer protection standards, after grantee's receipt of due notice and an opportunity to cure, may be deemed a material breach of the franchise agreement.

(Ord. 94-09, passed 9-12-94)

All officers, agents, or employees of the grantee or its contractors or subcontractors who in the normal course of work require entry onto subscribers' premises shall carry a photo-identification card in a form approved by grantor. Grantor shall account for all identification cards at all times. Every vehicle of the grantee utilized for field maintenance shall be clearly identified as working for grantee. All such identification shall be returned on termination of service or permanently defaced on sale of vehicle.

(Ord. 94-09, passed 9-12-94)

(A) In the event of a change of grantee, or in the event a new operator acquires the system, the original grantee shall cooperate with the grantor, new grantee or operator in maintaining continuity of service to all subscribers. During such period, grantee shall be entitled to the revenues for any period during which it operates the system.

(B) In the event grantee fails to operate the system for seven consecutive days without prior approval or subsequent excusal of the grantor, the grantor may, at its option, operate the system or designate an operator until such time as grantee restores service under conditions acceptable to the grantor or a permanent operator is selected. If the grantor should fulfill this obligation for the grantee, then during such period as the grantor fulfills such obligation, the grantor shall be entitled to collect all revenues from the system, and the grantee shall reimburse the grantor for all reasonable costs or damages in excess of the revenues collected by the grantor that are the result of the grantee's failure to perform.

(Ord. 94-09, passed 9-12-94)

ADDITIONAL PROVISIONS

Upon failure of the grantee to commence, pursue, or complete, within the time prescribed, any work required by law, by this chapter or by the franchise agreement, to be done in any street or other public place, the city may, at its option, cause such work to be done and the grantee shall pay to the city one and one-half times the cost thereof in the itemized amounts reported by the Director of Public Works to the grantee within 30 days after receipt of such itemized report. (Ord. 94-09, passed 9-12-94)

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

(Ord. 94-09, passed 9-12-94)

With the city's reasonable cooperation, grantee shall, without charge, within 180 days of the grant of the franchise hereunder fully wire with one outlet for existing buildings and up to three outlets for each 1,000 square feet of any newly constructed buildings and to provide all legally and contractually allowable subscriber services of its system to all public and nonprofit private schools, city police and fire stations, city recreation centers, City Hall, and such other buildings owned or controlled by the city, which shall from time to time be designated by the city, provided that such buildings shall be located within the franchise territory. Additionally, grantee shall as a condition of any grant of a franchise hereunder provide a variety of facilities, channel(s) on the system, and equipment for public, educational and governmental (“PEG”) purposes as detailed in the franchise agreement.

(Ord. 94-09, passed 9-12-94)

In the case of any emergency or disaster, the grantee shall upon request of the City Manager, make available its facilities to the city for emergency use during the emergency or disaster period. The grantee shall upon the city's request provide advance orientation and guidance regarding the use of its facilities in an emergency or disaster. (Ord. 94-09, passed 9-12-94)

The grantee shall not engage directly or indirectly in the business of selling, leasing, renting, furnishing, providing, repairing or servicing any television, radio or other receiving apparatus or any component part thereof within the city (except those used in connection with the operation of the cable system); and such prohibition shall extend and apply to officers and directors of grantee, to all general and limited partners of grantee, to any person or combination of persons owning, holding or controlling 5% or more of any corporate stock or other ownership interest of grantee, or any affiliated or subsidiary entity, owned or controlled by grantee, or in which any officer, director, stockholder, general or limited partner, or person or group of persons holding, or controlling any ownership interest in grantee, shall own, hold or control 5% or more of any corporate stock or other ownership interest; and such prohibition shall likewise apply to any person, firm or corporation acting or serving in the capacity of a holding or controlled company. (Ord. 94-09, passed 9-12-94)

Subject to the line extension provisions in the franchise agreement, no person, firm or corporation in the franchise territory 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, or who does not pay at the time of request for service any amount legally owed to grantee for connection or monthly service. (Ord. 94-09, passed 9-12-94)

(A) Before grantee shall provide service to any subscriber, grantee shall obtain a signed contract from the subscriber containing a provision substantially as follows:

“Subscriber understands that in providing service grantee is making use of public rights-of-way within the City of Riverbank and that the continued use of these public rights-of-way is in no way guaranteed. If the continued use of such rights-of-way is denied to grantee for any reason, grantee will make every reasonable effort to provide service over alternative routes. Subscriber agrees he/she will make no claim nor undertake any action against the city, its officers, its employees, or grantee if a service to be provided by grantee hereunder is interrupted or discontinued because the continued use of such rights-of-way is denied to grantee for any reason.”

(B) The form of grantee's contract with its subscribers shall be subject to approval of the city with respect to the inclusion of this provision.

(Ord. 94-09, passed 9-12-94)

Should grantee become dissatisfied with any material decision or ruling of the city pertaining to any matter in this chapter, the franchise agreement or other cable communications matters, grantee may pursue such other remedies as are available, including the bringing of action in any court of competent jurisdiction for breach of contract and damages.

(Ord. 94-09, passed 9-12-94)

When any portion of the cable 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. Existing utility poles shall be used wherever possible.7

(Ord. 94-09, passed 9-12-94)

VIOLATIONS

From and after the effective date of this chapter, it shall be unlawful for any person:

(A) To establish, operate or to carry on the business of distributing to any persons in this city any television signals or radio signals by means of a cable system; or

(B) To construct, install or maintain within any street in the city, or within any other public property of the city, or within any privately owned area within the city which has not become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the city, any equipment or facilities for distributing any television signals or radio signals through a cable system, unless a franchise therefor has first been obtained pursuant to the provisions of this chapter and unless such franchise is in full force and effect. (Ord. 94-09, passed 9-12-94)

It shall be unlawful for any person or entity to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchise cable system within this city for the purpose of taking or receiving television signals, radio signals, pictures, programs or sound, or enabling him/herself or others to receive any television signal, radio signal, picture, program or sound, without payment to the owner of the system. (Ord. 94-09, passed 9-12-94)

It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sounds. (Ord. 94-09, passed 9-12-94)

Any person willfully violating any of the provisions of §§ 113.155 through 113.157 of this chapter shall be deemed guilty of a misdemeanor and shall be subject to the penalties and relief provided in 47 USC 553(b) and (c). (Ord. 94-09, passed 9-12-94)