Rolling Hills Municipal Code Art. IV Enforcement

A. Prior to imposing any remedy specified in this section, City shall give grantee written notice and the opportunity to be heard on the matter, in accordance with the following procedure:

1. The City shall first notify grantee in writing, by certified mail, of the violation and demand correction within a reasonable time. If grantee fails to correct the violation within the time prescribed, the City shall then give grantee written notice of not less than fifteen days of a public hearing to be held by the Council. Said notice shall specify the violation alleged to have occurred.

2. At the public hearing, the Council shall hear and consider all relevant evidence, and thereafter render findings and its decision.

3. If the Council finds that grantee has corrected the violation, or that no violation has occurred, the proceedings shall terminate and no penalty shall be imposed.

4. If the council finds that the alleged violation exists and that grantee has not corrected the same in a satisfactory manner, the Council may impose one or more of the remedies specified herein as, in its discretion, may be deemed appropriate under the circumstances.

B. One or more, or any combination of the following remedies may be authorized by the Council to be imposed for grantee's violation of its obligations under this chapter or the franchise agreement:

1. The City may elect to cure the violation and recover the actual costs thereof from any security fund or performance bond required under the terms of the franchise agreement;

2. The City may assess against grantee liquidated damages of up to five hundred dollars per day for any violation. By acceptance of a franchise hereunder, grantee agrees to pay such assessment, which may be levied against any security fund or performance bond required under the terms of the franchise agreement. Such assessment shall not constitute a waiver by City of any other right or remedy it may have under the franchise agreement or under applicable law, including without limitation, its right to recover from grantee such additional damages, losses, costs and expenses, including actual attorneys' fees, as may have been suffered or incurred by City by reason of or arising out of the violation;

3. For any violation which is determined to have materially degraded the quality of service, the grantee may be ordered to issue rebates or temporarily reduce its rates or charges to subscribers, in an amount to be determined by City, to provide monetary relief substantially equal to the reduced quality of service resulting from grantee's violation;

4. To the extent permitted by law, the City may require grantee to cure all defaults and breaches of its obligations before grantee is permitted to increase any rates or charges to its subscribers;

5. Where the violation is of a technical nature, or involves noncompliance with FCC rules and regulations, the City may request the FCC to enforce its rules and levy a fine for the violation as provided in the FCC rules;

6. Where the violation is determined to constitute or involve any of the following, the City shall have the right to terminate and revoke the franchise and all rights and privileges associated with it:

a. Grantee's failure to provide, or to maintain in full force and effect, the insurance coverage, performance bond or security fund in the amounts specified in the franchise agreement,

b. Grantee's continuing violation of any final order or ruling of any regulatory agency having jurisdiction over the grantee relative to the franchise,

c. Grantee's wilful attempt to evade compliance with any provisions of this chapter or the franchise agreement, or to practice any fraud or deceit upon the City or subscribers,

d. Grantee's persistent failure or refusal to remedy one or more violations for which lesser penalties have previously been imposed,

e. Grantee's insolvency, inability to pay its debts, or adjudication as a bankrupt,

f. Grantee's falsification of information set forth in its application for a franchise or renewal of a franchise, or in any report required to be submitted to the City pursuant to this chapter,

g. Grantee's denial of cable television service to any group of residents within the designated franchise service area because of the income of the residents of the local area in which the group resides;

7. Termination and revocation of the franchise shall not affect City's right to pursue any other remedy under this chapter, the franchise agreement, or applicable law.

(Ord. 224 § 1(part), 1990).

If grantee's performance of any of the terms, conditions or obligations required by this chapter or by a franchise agreement authorized hereunder is prevented by a cause or event not within grantee's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided, however, that such inability to perform shall not relieve grantee from the obligations imposed by this chapter pertaining to refunds and credits for interruptions in service. For the purpose of this section, causes or events not within the control of grantee shall include acts of God, strikes, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires, but shall not include financial inability of the grantee to perform, failure of the grantee to obtain any necessary permits or licenses from the City or other governmental agencies, failure of the grantee to obtain the right to use the facilities of any public utility or the breach of contractual obligations by those from whom grantee obtains supplies, services or equipment.

(Ord. 224 § 1(part), 1990).

A. If the use of grantee's property or any portion thereof is discontinued for a consecutive twelve month period, grantee shall be deemed to have abandoned such property.

B. City, upon such terms as City may impose, may give grantee permission to abandon, without removing, any facilities or equipment laid, constructed, operated or maintained under the franchise. Unless such permission is granted, the grantee shall remove all abandoned facilities and equipment upon receipt of written notice from City and, at the time such facilities and equipment are removed, shall restore the street to its former state, so as not to impair its usefulness. In removing its plant, structures and equipment, grantee shall refill, at its own expense, any excavation made by it and shall leave all public ways and places in as good condition as that prevailing prior to such removal and without affecting any electrical or telephone cable wires, poles, or attachments. City shall have the right to inspect and approve the condition of the public ways, public places, cables, wires, attachments and poles prior to and after removal. The indemnity and insurance provisions of the franchise agreement, and any surety fund or performance bond required therein shall, unless otherwise provided in the franchise agreement, continue in full force and effect during the period of removal and until full compliance by grantee with the terms and conditions of this subsection.

C. Upon abandonment of any of grantee's property in place, the grantee, if required by the City, shall submit to the City an instrument, satisfactory in form to the City Attorney, transferring to the City the ownership of the property as abandoned.

D. Upon the expiration of the term for which the franchise is granted, or upon its termination or revocation, as provided for herein, the City shall have the right to require grantee to remove, at its own expense, all aboveground portions of the cable television system from all streets and public ways within the City.

(Ord. 224 § 1(part), 1990).

Upon grantee's failure to complete any work required herein or by any other law or ordinance, and after compliance with all notice and hearing requirements of this chapter, City may cause such work to be done. Grantee shall reimburse city the costs thereof within thirty days after receipt of an itemized list of such costs, or City may recover such costs from any security fund or performance bond provided by grantee pursuant to the franchise agreement.

(Ord. 224 § 1(part), 1990).

Upon either the expiration or revocation of the franchise, the City shall have discretion to permit grantee to continue to operate the cable television system for an extended period of time not to exceed twelve months from the date of such expiration or revocation, unless further extended by resolution of the Council. Grantee shall, on behalf of its successor-in-interest, continue to operate the system under the terms and conditions of this chapter and the franchise agreement and to provide the regular subscriber services and any other services that may be provided at that time. All subscribers shall continue to receive all available services, provided their financial and other obligations to grantee are honored. The grantee shall use all reasonable efforts to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances, including operation of the system during any transitional period following franchise expiration or revocation.

(Ord. 224 § 1(part), 1990).

A. A franchise granted pursuant to this chapter shall, at the option of City, terminate one hundred twenty days after the appointment of a receiver, or trustee, to take over and conduct the business of grantee, whether in a receivership, reorganization, bankruptcy or similar action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty days, or unless: (i) the receiver or trustee, within one hundred twenty days after such appointment, shall have fully complied with all the terms and provisions of this chapter and the franchise agreement, and shall have remedied all defaults under the franchise agreement; and (ii) the receiver or trustee, within said one hundred twenty days, shall have executed an agreement duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee shall have assumed and agreed to be bound by each and every term, provision and limitation of the franchise agreement.

B. In the case of a foreclosure or other judicial sale of the plant, property and equipment of grantee, or any part thereof, including or excluding a franchise, City may serve notice of termination upon grantee and the successful bidder at such sale, in which event the franchise granted and all rights and privileges of the grantee thereunder shall terminate thirty days after the service of such notice, unless: (i) City shall have approved the transfer of the franchise in the manner provided by this chapter; and (ii) the successful bidder shall have covenanted and agreed with City to assume and be bound by all the terms and conditions of the franchise agreement.

(Ord. 224 § 1(part), 1990).

A. In addition to all rights and powers specifically reserved to the City by this chapter, the City reserves to itself every other right and power required to be reserved under the franchise agreement or the Municipal Code, and the grantee by acceptance of a franchise agrees to be bound thereby and to comply with any action or requirement of the City in its exercise of any such right or power.

B. The city shall have the right to waive any provisions of the franchise agreement, except those required by federal or state regulation, if the City determines (i) that it is in the public interest to do so, and (ii) that the enforcement of such provision will impose an undue hardship on the grantee or the subscribers. To be effective, such waiver shall be in writing and signed by a duly authorized representative of the City.

C. City shall have the right to intervene in any suit or proceeding concerning the franchise to which grantee is a party, and grantee shall not oppose such intervention by City.

D. City shall have the right during the term of the franchise to require grantee to increase the amounts of any security fund, performance bond or insurance coverage required by the franchise agreement. Increases may be based upon the Consumer Price Index and may be determined in such manner and at such times as may be specified in the franchise agreement.

E. Nothing herein shall be deemed or construed to impair or affect, in any manner or to any extent, the right of the City to acquire the property of the grantee, either by purchase or through the right of eminent domain, with compensation calculated as provided in Title 7, Chapter 9, Article 4 of the California Code of Civil Procedure, and nothing herein contained shall be construed to contract away, modify or abridge, either for a term of years or in perpetuity, the City's right of eminent domain.

(Ord. 224 § 1(part), 1990).

A. Grantee shall not deny service or access, or otherwise discriminate against subscribers, channel users, or residents on the basis of race, color, religion, national origin, age or sex. Grantee shall comply at all times with all applicable federal, state and local laws and regulations, and all executive and administrative orders, relating to nondiscrimination.

B. Grantee shall strictly adhere to the equal employment opportunity requirements of the FCC and state and local laws and regulations relating thereto, as they now exists or as they may be amended from time to time.

C. Neither grantee, nor any other person or entity shall, without a subscriber's consent, tap or arrange for the tapping, of any cable, line, signal input device, or subscriber outlet or receiver for any purpose other than routine maintenance of the system, polling with audience participation, or audience surveys to support advertising research regarding viewers.

D. In providing its services and in pursuing any collateral commercial enterprise relating thereto, grantee shall take all necessary steps to prevent the invasion of a subscriber's or a resident's right of privacy and other civil rights as defined by applicable law. Grantee shall not, without lawful court order or other legal authority, utilize any interactive two-way equipment or capability of the cable system for unauthorized personal surveillance of any subscriber or resident.

E. No cable, line, wire, amplifier, convertor, or other equipment owned by grantee shall be installed without first securing the permission of the owner of any property involved. If a subscriber requests service, permission to install upon subscriber's property shall be presumed. If permission is later revoked, whether by the original or a subsequent owner, grantee shall remove within a reasonable time any of its equipment which is visible and moveable and promptly restore the property to its original condition.

F. For interruptions in service of twenty-four hours or more not attributable to the conduct of the subscriber, grantee shall credit or refund to the subscriber an amount as provided in the franchise agreement.

G. A subscriber "bill of rights" approved by the City shall be provided by the grantee to each subscriber at such time or times as may be specified in the franchise agreement.

H. Neither the grantee, nor its agents, employees, or subcontractors, shall sell or otherwise make available to any person:

1. Lists of the names and addresses of subscribers;

2. Any list which identifies the viewing habits of individual subscribers. This shall not prohibit the grantee from providing to other persons composite ratings of subscriber viewing preferences.

I. Unless the cable television system operated by grantee incorporates technology to prevent unwanted reception of audio and video signals from occurring under normal operating conditions, grantee shall provide a written statement to all new subscribers advising them that audio or video signals, or both, may be present on certain channels to which they do not subscribe.

(Ord. 224 § 1(part), 1990).

A. It is unlawful for any person to establish, operate or to carry on the business of distributing to any person in this city and television signals or radio signals by means of a cable television 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.

B. It is unlawful for any person to construct, install or maintain within any public 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 yet 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 television system, unless a franchise authorizing the use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

C. It is unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable television system within this City for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound.

D. It is unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a cable television system within this City for the purpose of enabling such person or others to receive any television signal, radio signal, picture, program or sound without payment to the owner of said cable television system.

E. It is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.

(Ord. 224 § 1(part), 1990).