Sacramento Municipal Code Art. XII Issuance of Licenses

Applications for a license under the commission upon a form as established from time to time for that purpose by the commission. (Prior code § 20.12.1100)

Applications for a license shall include at a minimum:

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

B. Copies of the policy or policies of liability insurance, including comprehensive general liability insurance products completed operations liability, personal injury liability, owners and contractors protective liability, broad form property damage, contractual liability, automobile liability (owned; nonowned and hired automobiles), workers compensation and employer liability required by Section 5.28.2550 of this chapter;

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

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

D. A calculation and certification of the initial penal sum of the performance bond which will be provided prior to the initiation of construction pursuant to Section 5.28.2520 of this chapter or the election of the applicant to provide the alternative performance bond specified by Section 5.28.2530 of this chapter.

E. A service activation plan and schedule utilizing census tract or similar demographic data that demonstrates that the applicant will provide cable television services within the service area on a nondiscriminatory basis (racial/ethnic/economic), when evaluated beginning with the first anniversary of the issuance of the license and on a semiannual basis thereafter. The format and reporting detail shall be subject to the approval of the commission. (Ord. 2002-028 § 1; prior code § 20.12.1102)

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

A. The application shall fail to comply with the provisions of Section 5.28.2160 of this chapter;

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

C. The applicant fails to submit a service activation plan and schedule that meets the requirements of 5.28.2160, as determined by the commission. (Ord. 2002-028 § 2; prior code § 20.12.1104)

If an applicant is a licensee, an affiliate of a licensee or controlled by a licensee, the commission may deny issuance of a license if the commission finds and determines that the issuance of any subsequent license(s) and the geographic areas requested to be served may result, or appears to result, in an overall service territory for the licensee or its affiliates or controlled entities that discriminates against any community, neighborhood or geographic area for socio-economic reasons. (Ord. 2002-028 § 3)

Upon the request of any licensee, the commission shall consolidate any designated licenses theretofore issued to said licensee into a single license having a remaining term of any license consolidated therein; provided that:

A. The licensee shall have submitted a single bond for the consolidated license area pursuant to Section 5.28.2520 of this chapter or a bond pursuant to Section 5.28.2530 of this chapter;

B. All licenses to be consolidated shall have been issued to the same licensee; and

C. No license(s) theretofore issued to the licensee, or any affiliate, subsidiary or parent of the licensee or any other person or entity in which the licensee has a financial interest or which has a financial interest in the licensee shall be in default as of the date of the application for consolidation as to any provision of this chapter or as to any provision of any license issued pursuant to this chapter.

For purposes of determination of default pursuant to the foregoing sentence, no license which has been surrendered for cancellation shall be considered to be such a default. (Prior code § 20.12.1105)

The term of all licenses issued pursuant to the provisions of this chapter shall be twenty (20) years. (Prior code § 20.12.1106)

Any cable television system licensed pursuant to the provisions of this chapter shall provide equal and uniform cable television service and rates, charges and fees within the license area to all dwelling units which it serves, provided that a licensee shall be free to offer and/or charge nonuniform rates, charges and fees to those subscribers or potential subscribers to whom:

A. Cable television services are then presently available from another cable television provider offering such services pursuant to a franchise, license or other authorization issued by the commission; and/or

B. Promotional subscriptions, or upgrade offers are made with the reduced or waived rate, charge or fee not to exceed twelve (12) months for any subscriber for any given offer.

Nothing contained in this Section 5.28.2410 of this chapter shall be construed to require other than uniform rates, charges and fees nor to authorize any conduct referenced by the provisions of Section 5.28.2410 of this chapter. (Prior code § 20.12.1107)

The applicant shall define a license area whose contour, so far as is possible, shall follow streets. (Prior code § 20.12.1108)