Rolling Hills Municipal Code Art. I General Provisions

A. California Government Code Section 53066 provides that the City may, pursuant to such provisions as may be prescribed by its governing body, authorize by franchise or license the construction of a community antenna television system, and prescribe such rules and regulations as it deems advisable to protect the individual subscribers to the services of such community antenna television system. It is the intent of this chapter to achieve such objectives and thereby safeguard the local public interest by promoting the welfare, safety and convenience of the general public.

B. This chapter shall be construed in a manner consistent with all applicable federal and state laws. If the Federal Communications Commission or the California Public Utilities Commission, or any other federal or state agency, shall hereafter exercise any paramount jurisdiction over any specific provisions of this chapter, such paramount jurisdiction shall preempt or preclude the exercise of like jurisdiction by the City. Modification of a federal or state law or regulation shall, to the extent applicable to the City, be deemed a part of this chapter as of the effective date of such modification.

C. If the Federal Communications Commission deregulates any area of cable connections over which it currently exercises jurisdiction in such manner as to expand rather than limit municipal regulator authority, any franchise authorized pursuant to this chapter shall be deemed automatically amended to incorporate such new municipal regulator powers, and the City may, in its discretion, adopt additional rules and regulations related thereto.

(Ord. 224 § 1(part), 1990).

For the purpose of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. Words used in the present tense include the future tense, words in the plural number include the singular number. Words not defined shall be given their common and ordinary meaning.

A. "Cable communications system" or "system," also referred to as "cable television system," "cable system," "CATV system," or "community antenna television system," means 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, including video programming, and which is provided to multiple subscribers within the community. Such terms do not include:

1. A facility that serves only to retransmit the television signals of one or more television broadcast stations;

2. A facility that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless such facility uses any public right-of-way:

3. A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or

4. Any facilities of any electric utility used solely for operating its electric utility system.

B. "Cable service" means the total of the following:

1. The one-way transmission to subscribers of video programming or other programming service; and

2. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

C. "Channel" or "cable channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Commission.

D. "City" means the City of Rolling Hills.

E. "Council" means the City Council of the City of Rolling Hills.

F. "FCC" means the Federal Communications Commission, or any duly designated successor agency.

G. "Franchise" means any authorization granted by the Council pursuant to this chapter, whether designated as a franchise, license, permit, privilege, or otherwise, to construct, operate or maintain a cable television system in the City.

H. "Franchise agreement" means an express written agreement, approved by ordinance of the Council, containing the specific terms and provisions of the franchise granted, including specifications, operational requirements and other related matters.

I. "Grantee" means any person granted a franchise pursuant to this chapter and the ordinance approving a franchise agreement, and its authorized successor, transferee, or assignee.

J. "Gross receipts" or "annual gross receipts" means any and all revenues, income, compensation or other consideration in any form received by grantee each year which is derived from or attributable to all operations of the cable television system within the designated franchise service area, including, without limitation, receipts from subscribers or other users, leased channels, pay-television, advertising, basic services, premium services and special services; provided, however, that "gross receipts" shall not include refundable deposits, installation or line extension charges, or any sales or excise taxes on services furnished by the grantee and which are collected by the grantee for direct pass-through to local, state or federal governmental entitles.

K. "Lockbox" means a parental control device, either in the form of a separate unit or incorporated into a descrambler or other piece of equipment used to provide cable television service, which is made operational by a key or by a code, and which enables the subscriber to prevent the viewing of any pay channel offering adult programming.

L. "Property of grantee" means all property owned, installed or used by a grantee in the conduct of a cable television system in the City under the authority of a franchise granted pursuant to this chapter.

M. "Public, educational or governmental access facilities" or "PEG access facilities" means the total of the following:

1. Channel capacity designated for public, educational, or governmental use; and

2. Facilities and equipment for the utilization of such channel capacity.

N. "Street" means each of the following which has been or is hereafter dedicated to the public, maintained under public authority, and located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property and areas.

O. "Subscriber" means any person or entity receiving for any purpose service provided by grantee's cable television system.

(Ord. 224 § 1(part), 1990).

A nonexclusive franchise to construct, operate and maintain a cable television system in the City may be authorized and granted by ordinance of the Council to any individual or entity offering to construct, operate and maintain such system in compliance with the terms and provisions of this chapter.

(Ord. 224 § 1(part), 1990).

A franchise granted pursuant to the provisions of this chapter shall authorize the grantee to do the following:

A. To engage in the business of providing cable television service and to distribute and sell such service to subscribers within the designated franchise service area;

B. To install, operate and maintain property of the grantee for the Origination, collection, transmission, amplification, distribution and reception of television and radio signals;

C. To erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, under, along and across the public streets or other public places within the designated franchise service area such wires, cables, poles, antennae, conductors, ducts, conduits, vaults, manholes, amplifiers, pedestals, appliances, attachments and other appurtenances as may be required for the construction, operation and maintenance of the cable television system.

(Ord. 224 § 1(part), 1990).

A. Term. A franchise granted hereunder shall be for the term specified in the franchise agreement, which term shall not exceed fifteen years. Said term shall commence on the effective date of the ordinance authorizing the franchise or on the date specified in that ordinance as the effective date of the franchise.

B. Renewal. A franchise granted hereunder may, in the sole discretion of the Council, be renewed following application by the grantee pursuant to the provisions of applicable state and federal law.

(Ord. 224 § 1(part), 1990).

The franchise service area may be all or any designated portion of territory within the City.

(Ord. 224 § 1(part), 1990).