San Benito County Municipal Code Art. I Community Antenna Television Systems

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

BOARD OF SUPERVISORS. The Board of Supervisors of the county.

CATV. A community antenna television system, as hereinafter defined.

COMMUNITY ANTENNA TELEVISION SYSTEM. A system of antennas, coaxial cables, wires, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as herein contemplated. CATV shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as PAY TELEVISION.

COUNTY. The County of San Benito.

FRANCHISE. Any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the county.

GRANTEE. The person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the Board of Supervisors under this chapter, and the lawful successor, transferee or assignee of the person, firm or corporation.

GROSS ANNUAL RECEIPTS. Any and all compensation and other consideration in any form whatever, including installation and line extension charges, and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals, or service received within the service area. GROSS ANNUAL RECEIPTS shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, county, state or other governmental unit and collected by the grantee for the governmental unit.

PERSON. Any person, firm, association, partnership, joint venture, organization, company, business trust or corporation.

PROPERTY OF GRANTEE. All property owned, installed or used by a grantee in the conduct of a CATV business in the county under the authority of a franchise granted pursuant to this chapter.

ROAD COMMISSIONER. The Road Commissioner of the county.

SERVICE AREA. The portion of the unincorporated area of the county in which a grantee has been granted a franchise.

STREET. The surface of the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, drive, public utility easement or easement or right-of-way held by the county now or hereafter existing as such within the county.

SUBSCRIBER. Any person or entity receiving for any purpose the CATV service of a grantee.

(1966 Code, § 6A-1) (Ord. 312, § 1; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

When and in the event that the grantee of any franchise granted hereunder uses, in his or her CATV system, distribution channels furnished to the grantee by a telephone company whose facilities are constructed, operated and maintained pursuant to its state-granted telephone franchise and the grantee makes no use of the streets independent of the telephone company furnished facilities, the grantee shall be required to comply with all of the provisions of this chapter as a “licensee”. No provision of this chapter shall be deemed or construed as requiring the granting of a franchise hereunder to a telephone company furnishing such a channel service.

(1966 Code, § 6A-2) (Ord. 312, § 2; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) A non-exclusive franchise to construct, operate and maintain a CATV system within the service area may be granted by the Board of Supervisors to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide the system under and pursuant to the terms and provisions of this chapter.

(B) No provisions of this chapter may be deemed or construed as to require granting of a franchise when, in the opinion of the Board of Supervisors, it is in the public interest not to do so or to restrict the number of grantees.

(C) Neither the granting of any non-exclusive franchise hereunder nor any of the provisions contained herein shall be construed to prevent the county from granting any identical, or similar, non- exclusive franchise to any person, firm or corporation within all or any part of the unincorporated area of the county.

(1966 Code, § 6A-3) (Ord. 312, § 3; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

Application for a franchise hereunder shall be in writing, shall be accompanied by an application fee of $150, shall be filed with the Clerk of the Board of Supervisors for transmission to the Board and shall contain the following information:

(A) 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, main offices, major stockholders and associates and the names and addresses of parent and subsidiary companies;

(B) A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of the system and its various components; the manner in which the 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 the system;

(C) A description, in detail, of the equipment or facilities proposed to be constructed, installed and maintained and the proposed specific location thereof;

(D) A map specifically showing and delineating the proposed service area or areas within which the applicant proposes to provide CATV services and for which a franchise is requested;

(E) 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 its system;

(F) A statement or schedule in a form approved by the Board of Supervisors of proposed rates, charges, deposits and installation or connection charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than 150 feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation, as specified in the applicant’s proposal, may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the county, service may be made available on the basis of cost of materials, labor and easements if required by the grantee. The decision of the Board of Supervisors as to what shall be remote or relatively inaccessible under this division shall be final;

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

(H) 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 CATV 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, the franchise shall be deemed void and of no force and effect whatsoever;

(I) A financial statement prepared by a certified public accountant or person otherwise satisfactory to the Board of Supervisors, showing applicant’s financial status and his or her financial ability to complete the construction and installation of the proposed CATV system; and

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

(1966 Code, § 6A-4) (Ord. 312, § 4; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

The Board of Supervisors may, in its discretion, in lieu of considering applications for franchises hereunder, advertise for competitive bids for the purchase of a franchise hereunder.

(1966 Code, § 6A-5) (Ord. 312, § 5; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

Upon consideration of an application or bids for a franchise, the Board of Supervisors may refuse to grant the requested franchise or the Board may, by ordinance, grant a franchise for a CATV system to any such applicant or bidder as may appear from such application or bids to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the county. The Board of Supervisors’ decision in the matter shall be final.

(1966 Code, § 6A-6) (Ord. 312, § 6; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

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

“The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by this chapter and no other purpose whatsoever.”

(B) Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the county to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with the franchise pursuant to the authority conferred by this chapter.

(1966 Code, § 6A-7) (Ord. 312, § 7; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

Any franchise granted under this chapter is renewable at the application of the grantee, in the same manner as required herein for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the Board of Supervisors may at its option waive compliance with any or all of the requirements of § 7.05.004.

(1966 Code, § 6A-8) (Ord. 312, § 8; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting the same has become effective and, in addition, unless and until all things required in this section and §§ 7.05.021 and 7.05.022 are done and completed, all of the things being hereby declared to be conditions precedent to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner required, the Board of Supervisors may declare the franchise null and void.

(B) Within 30 days after the effective date of the ordinance awarding a franchise or within the extended period of time as the Board of Supervisors, at its discretion, may authorize, the grantee shall file with the Clerk of the Board his or her written acceptance in form satisfactory to the District Attorney, of the franchise, together with the bond and insurance policies required by §§ 7.05.021 and 7.05.022, respectively, and his or her agreement to be bound by and to comply with and do all things required of him or her by the provisions of this chapter and the franchise. The acceptance and agreement shall be acknowledged by the grantee before a notary public and shall, in form and content, be satisfactory to and approved by the District Attorney.

(1966 Code, § 6A-9) (Ord. 312, § 9; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the described service area 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, the poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV 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 franchised or permitted to do business in the county.

(B) The granting of a franchise pursuant to this chapter shall not be construed as permission or authority to enter on, occupy or otherwise utilize private property without the express consent of the owner or agent in possession thereof.

(C) No franchise granted hereunder shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as “pay television” and no grantee shall directly or indirectly install, maintain or operate on any television set a coin box or any other device or means for collection of money for individual programs.

(D) The grantee may charge subscribers for installation or connection to its CATV system and may make a fixed monthly charge for service. All rates, charges, deposits and installation or connection charges shall be approved by the Board of Supervisors. No increase in the rates and charges to subscribers, as set forth in the schedule filed and approved with grantee’s application, may be made without the prior approval of the Board of Supervisors expressed by resolution.

(1966 Code, § 6A-10) (Ord. 312, § 10; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) No franchise granted by the Board of Supervisors under this chapter shall be for a term longer than 20 years following the date of acceptance of the franchise by the grantee or the renewal thereof.

(B) Any such franchise granted hereunder may be terminated prior to its date of expiration by the Board of Supervisors in the event that the Board shall have found, after 30 days’ notice of any proposed termination and public hearing, that:

(1) The grantee has failed to comply with any provisions of this chapter or has, by act or omission, violated any term or condition of any franchise or permit issued hereunder; or

(2) Any provision of this chapter has become invalid or unenforceable and the Board of Supervisors further finds that such provision constitutes a consideration material to the grant of the franchise; or

(3) The county acquires the CATV system property of the grantee.

(1966 Code, § 6A-11) (Ord. 312, § 11; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) Any grantee granted a franchise under this chapter shall pay to the county, during the life of the franchise, a sum equal to 3% of the grantee’s gross subscriber revenues from cable subscriptions in the county. The payment by the grantee to the county shall be made annually or as otherwise provided in the grantee’s franchise.

(B) The grantee shall file with the county, within 60 days after the expiration of any calendar year or portion thereof during which the franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Board of Supervisors, showing in detail the gross annual receipts, as defined herein, of the grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the county, within 15 days after the time for filing the statements, the sum hereinabove prescribed or any unpaid balance thereof for the calendar year or portion thereof covered by the statements. Any payment not made within 30 days after the date the payment is due shall result in further payment at the rate of 1% per month.

(C) The county shall have the right to inspect the grantee’s records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under this chapter. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the county may have for further or additional sums payable under this chapter or for the performance of any other obligation hereunder.

(D) In the event of any holding over after expiration or other termination of any franchise granted hereunder, without the consent of the county, the grantee shall pay to the county reasonable compensation and damages, of not less than 100% of its total gross profits during the period.

(1966 Code, § 6A-12) (Ord. 312, § 12; Ord. 374; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) The grantee may charge subscribers for installation and connection to its CATV system and may make a fixed monthly charge for service, as filed and approved as herein provided and as provided in the ordinance granting the franchise.

(B) No increase in the rates and charges (excluding the composition of any federal, state or local taxes) to subscribers, as set forth in the schedule filed and approved with grantee’s application, may be made without the prior approval of the Board of Supervisors expressed by resolution.

(C) A grantee shall not file an application for an increase in rates and charges until 12 months have expired from the time grantee is first granted a franchise.

(D) A grantee shall not file more than one application for an increase in rates and charges during any calendar year.

(E) For unusual circumstances, such as underground cable required, or more than 150 feet of distance from cable to connection of service to subscriber, an additional installation charge over that normally charged for installation as specified in the applicant’s proposal may be charged, with easements, if required, to be supplied by subscribers.

(F) For remote, relatively inaccessible subscribers within the service area the installation of service may be made on the basis of cost of materials, labor and easements if required by grantee, and special charges may be established for service.

(G) If in the future, the state regulates the rates of the grantee for the service provided in this chapter, during the period of the state regulations, to the extent of any conflict therewith, this section shall be of no effect.

(1966 Code, § 6A-13) (Ord. 312, § 13; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) Any franchise granted under this chapter shall be non-exclusive.

(B) No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.

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

(D) Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event, be sold, transferred, leased, assigned or disposed of, whole or in part either by forced or involuntary sale, or by voluntary sale, merger, consolidation, by change in control of a corporation or company, stock transfer, transfer in trust, mortgage or other hypothecation, or otherwise, without the prior consent of the Board of Supervisors expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the county and local within 30 days after any such transfer or assignment. The consent of the Board of Supervisors may not be arbitrarily refused; provided, however, that the proposed assignee must show financial responsibility and must agree to comply with all provisions of the ordinance; and, provided further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.

(E) Time shall be of the essence of any such franchise granted hereunder. The grantee shall not be relieved of his or her obligation to comply promptly with any of the provisions of this chapter or by any failure of the county to enforce prompt compliance.

(F) Any right or power in, or duty impressed upon, any officer, employee, department of board of the county shall be subject to transfer by the county to any other officer, employee, department or board of the county.

(G) The grantee shall have no recourse whatsoever against the county for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchise issued hereunder or because of its enforcement.

(H) The grantee shall be subject to all provisions, rules, regulations and conditions prescribed by federal, state, county and local law heretofore or hereafter enacted or established during the term of any franchise granted hereunder. Copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters effecting CATV operations authorized pursuant to this franchise shall also be submitted simultaneously to the Clerk of the Board of Supervisors.

(I) Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the county, utility company or from others maintaining poles in streets.

(J) Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation or maintenance of any CATV system in the county, and the acceptance of any franchise hereunder shall operate as between grantee and the county as an abandonment of any and all of the rights, privileges, powers, immunities and authorities within the county, to the effect that as between grantee and the county, any and all construction, operation and maintenance by any grantee of any CATV system in the county shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to the franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.

(1966 Code, § 6A-14) (Ord. 312, § 14; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the county to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the county right of eminent domain.

(B) There is hereby reserved to the county every right and power which is required to be herein reserved or provided by any ordinance of the county, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the county in its exercise of such rights or power, heretofore or hereafter enacted or established.

(C) Neither the granting of any franchise hereunder nor any of the provisions contained herein shall be construed to prevent the county from granting any identical, or similar, franchise to any other person, firm or corporation within all or any portion of a service area.

(D) There is hereby reserved to the county the power to amend any section or part of this chapter so as to require additional bonding, insurance or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee.

(E) 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 county.

(F) The Board of Supervisors may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. Such person as the Board of Supervisors may designate is hereby authorized and empowered to adjust, settle or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the county, the grantee or any subscriber, in the best interest of the public. Either the grantee, or any member of the public who may be dissatisfied with the decision of the person may appeal the matter to the Board of Supervisors for hearing and determination. The Board of Supervisors may accept, reject or modify the decision, and may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter.

(G) The county shall have the right, free of any charge, to install and maintain on the distribution system of grantee any wire and fixtures convenient or necessary for a police or fire alarm system on the condition that the wire and fixtures do not interfere with the CATV operations of the grantee.

(H) In addition to all other rights and powers pertaining to the county by virtue of any franchise or otherwise, the county reserves the right to terminate and cancel any franchise and all rights and privileges of the grantee thereunder in the event that the grantee:

(1) Violates any provision of this chapter or any franchise or any rule, order or determination of the county or Board of Supervisors made pursuant to a franchise;

(2) Becomes insolvent or is adjudged a bankrupt; or

(3) Attempts to evade any of the provisions of this chapter or practices any fraud or deceit upon the county.

(1966 Code, § 6A-15) (Ord. 312, § 15; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) Within 60 days after acceptance of any franchise the grantee shall make application for and diligently pursue the obtaining of all necessary permits, licenses and authorizations which are required in the conduct of its business, including, but not limited to, 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 CATV system, their associated microwave transmission facilities, or any other associated facility.

(B) The grantee shall commence construction and installation of the CATV system within 90 days after obtaining all necessary permits, licenses and authorizations.

(C) The grantee shall give at least 15 days written notice to the Road Commissioner prior to the commencement of construction and installation of any portion of its CATV system. The notice shall describe the portion of the service area in which grantee intends to render service and describe the construction and installation to be performed. The grantee shall pursue with reasonable diligence the construction and installation of the CATV system within the portion of the service area described in the notice so that service shall be provided within one year from the date of the notice. The grantee shall file a written report with the Road Commissioner describing the portion of the service area in which the grantee is capable of providing service.

(D) After written notice to the grantee and an opportunity for the grantee to be heard, the Board of Supervisors may give the grantee written notice to commence and thereafter pursue the work of installing equipment and facilities reasonably necessary to provide adequate and satisfactory service within a designated portion of the service area of the grantee within a reasonable time to be determined by the Board of Supervisors.

(E) Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be grounds for termination of the franchise, under and pursuant to the terms of § 7.05.011; provided, however, that the Board of Supervisors, in its discretion, may extend the time for obtaining of permits and authorizations and for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his or her control.

(1966 Code, § 6A-16) (Ord. 312, § 16; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) 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 Road Commissioner acting in the exercise of his or her reasonable discretion.

(B) The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way or within any privately-owned area within the county 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 county, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the Road Commissioner.

(C) In those areas and portions of the county where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. For the purposes of this division, “underground” shall include a partial underground system, e.g., streamlining. Amplifiers in grantee’s transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the Road Commissioner. The county shall not in any manner be responsible for any costs incurred by the grantee in placing the grantee’s facilities underground.

(D) Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets shall be so located as to cause minimum interference with the proper uses of streets, and cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets.

(E) In case of disturbance of any street, the grantee shall, at its own cost and expense and in a manner approved by the Road Commissioner, replace and restore such street in as good a condition as before the work involving such disturbance was done.

(F) Any poles or other fixture placed in any street by the grantee shall be placed in such manner as not to interfere with the usual travel on the public way.

(G) No poles or other wire-holding structures shall be erected by the grantee without prior approval of the Road Commissioner with regard to location, height, type and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest, and the poles or structures shall be removed or modified by the grantee, at its own expense, whenever the Road Commissioner determines that the public convenience would be enhanced thereby.

(H) Where the county or a public utility serving the county desires to make use of the poles or other wire-holding structures of the grantee but agreement therefor with the grantee cannot be reached, the Board of Supervisors may require the grantee to permit the use for the consideration and upon such terms as the Board shall determine to be just and reasonable, if the Board determines that the use would enhance the public convenience and would not unduly interfere with the grantee’s operations.

(I) The county shall have the right to supervise all construction or installation work performed subject to the provisions of any franchise and make an inspection as it shall find necessary to insure compliance with the terms of any franchise and other pertinent provisions of law.

(J) Upon request of the Board of Supervisors, the grantee shall make available one channel for educational television, public service television or any other non-commercial service for the benefit of the residents of the county.

(1966 Code, § 6A-17) (Ord. 312, § 17; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

The grantee shall, at its expense, 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 Road Commissioner by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks or any other type of structures or improvements by public agencies; provided, however, that 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 § 7.05.020.

(1966 Code, § 6A-18) (Ord. 312, § 18; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Road Commissioner, the Road Commissioner may, at his or her option, cause the work to be done, and the grantee shall pay to the county the cost thereof in the itemized amounts reported by the Road Commissioner to the grantee within 30 days after receipt of the itemized report.

(1966 Code, § 6A-19) (Ord. 312, § 19; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of 12 months, has been installed in any street or public place without complying with the requirements of grantee’s franchise or this chapter, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given ten days’ notice, remove from the streets or public places all such property and poles of the system other than any which the Road Commissioner may permit to be abandoned in place. In the event of the removal, the grantee shall promptly restore the street or other area from which the property has been removed to a condition satisfactory to the Road Commissioner.

(B) Any property of the grantee remaining in place 60 days after the termination or expiration of the franchise shall be considered permanently abandoned. The Road Commissioner may extend such time not to exceed an additional 30 days.

(C) Any property of the grantee to be abandoned in place shall be abandoned in such manner as the Road Commissioner shall prescribe. Subject to the provisions of any utility joint use attachment agreement, upon permanent abandonment of the property of the grantee in place, the property shall become that of the county and the grantee shall submit to the Board of Supervisors an instrument in writing to be approved by the District Attorney, transferring to the county the ownership of the property.

(1966 Code, § 6A-20) (Ord. 312, § 20; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) The grantee shall, concurrently with filing of an acceptance of award of any franchise granted under this chapter, file with the Clerk of the Board of Supervisors and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, at the grantee’s sole expense, a corporate surety bond in a company authorized to do business in the state and in a form approved by the District Attorney in the amount of $25,000, renewable annually and conditioned upon the faithful performance of the grantee and upon the further condition that in the event the grantee shall fail to comply with any one or more of the provisions of this chapter, or of any franchise issued to the grantee hereunder, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by the county as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney’s fees and costs, up to the full amount of the bond; the condition to be a continuing obligation for the duration of the franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the county that may have arisen from its exercise of any privilege therein granted. The bond shall provide that 30 days’ prior written notice of intention now to renew, cancellation or material change, be given to the county.

(B) Neither the provisions of this section, nor any bond accepted by the county 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 issued hereunder or for damages either to the full amount of the bond or otherwise.

(1966 Code, § 6A-21) (Ord. 312, § 21; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) The grantee shall indemnify and save harmless the county, its officers and employees from and against any and all claims, demands, actions, suits and proceedings by others, against all liability to others, including, but not limited to any liability for damages by reason of or arising out of any failure by the grantee to secure consent from the owners, authorized distributors or licensees of programs to be delivered by the grantee’s CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney’s fees, arising out of the exercise or enjoyment of its franchise.

(B) The grantee shall indemnify and save harmless the county, its officers, boards, commissions, agents and employees from and against any and all liability claims, demands, actions, suits and proceedings by others, for loss or damage, for personal injury, death and property damage, occasioned by the operations of grantee under this chapter and any franchise granted hereunder; and the grantee shall at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy protecting the county and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operation of grantee under this chapter and any franchise granted hereunder, with minimum liability limits of $300,000 for personal injury or death of any one person, $500,000 for personal injury or death of two or more persons in any one occurrence, and $100,000 for damage to property resulting from any one occurrence. The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, file with the Clerk of the Board of Supervisors either a copy of the policy or a certificate of insurance evidencing the same in a form satisfactory to the District Attorney. The policy of insurance, and any certificate evidencing the same, shall contain a contractual liability endorsement specifically extending the policy to cover the liability assumed by grantee under this division, and shall also contain a provision that the policy may not be cancelled except after 30 days notice in writing to be given to the Clerk of the Board of Supervisors.

(1966 Code, § 6A-22) (Ord. 312, § 22; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) At all reasonable times, the grantee shall permit any duly authorized representative of the county to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the county, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the county, or upon reasonable request made available in the county, and if the Board of Supervisors shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making the examination shall be paid by the grantee.

(B) The grantee shall prepare and furnish to the Road Commissioner, at the time and in the form prescribed by the officer, the reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the county or any of its officers in connection with the franchise.

(C) The grantee shall, at all times, make and keep in its local office full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the county.

(D) The grantee shall file with the Road Commissioner on or before the last day in June of each year, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places in the county on base maps approved by the Road Commissioner.

(E) When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of all agreements for the joint use of poles and facilities shall be filed with the Road Commissioner.

(1966 Code, § 6A-23) (Ord. 312, § 23; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the CATV industry, to the effect that subscribers shall receive the highest quality service technically possible. In determining the satisfactory extent of the standards, the following, among others, shall be considered as minimum requirements:

(A) The CATV system shall be installed using all band equipment capable of passing the entire VHF television and FM broadcast spectrum (i.e., no less than 50 to 220 MHZ, including the so-called “mid-band” region); and further, it shall have the capability of converting the UHF television broadcasting range to channels between 50 and 220 MHZ for distribution to subscribers.

(B) Signals shall be transmitted from the antenna origination point to all subscriber tap-off points, regardless of location on the distribution portion of the system, without the introduction of any noticeable degradation of color fidelity, picture intelligence or audio distortion. Color phase shift introduced by system components between the off-the-air receiving antennas and the customer tap-off point shall not exceed two degrees under any circumstances, on a cumulative basis.

(C) The system and all equipment in the system shall be designed and rated for continuous 24 hour per day operation.

(D) (1) The system shall provide a signal level of not less than 2,000 microvolts, as measured across 72 ohms at the subscriber’s television receiver, on the highest channel (by frequency) carried by the system and not less than 1,500 microvolts on the lowest channel (by frequency) carried on the system to all color television receivers connected to the system. No channel shall exceed the highest and lowest values for the highest and lowest channels by more than .5 db for more than 50% of the time. The system shall provide equivalent service levels of not less than 1,500 microvolts on the highest channel and not less than 1,000 microvolts on the lowest channel (both as measured across the 72 ohm drop cable) to all black and white receivers connected to the system.

(2) The system shall provide a minimum signal of not less than 200 microvolts on the lowest intensity FM channel (as measured at the customer service drop termination point) delivered, and a maximum signal intensity of not more than three db greater level than the lowest intensity FM channel delivered by the cable, (i.e., all FM channels carried by the system shall be flat to within three db from the lowest and highest FM channels carried, and the lowest of these shall be not lower than 200 microvolts across 72 ohms).

(E) The system design and operation shall exhibit a signal plus noise, to noise, ratio of not less than 40 decibels as measured at the extremities of all trunk and customer distribution lines covering the service area or areas.

(F) Plum modulation of the picture (video) carrier shall not exceed 5% at any point in the system.

(G) All active components in the system shall have a VSW11 not to exceed one and one-half to one. All passive devices in the system shall have input, output and return losses of not less than 20 db.

(H) The system shall maintain a minimum video carrier to aural carrier ratio of 15 db and a maximum video carrier to aural carrier ratio of 18 db for all television channels. This video carrier to aural carrier relationship shall be established in such a manner that the color subcarrier, if present, to video carrier relationship shall not be degraded below its as-received off-the-air ratio by more than 0.25 db.

(I) Carriage of so-called local channels shall be accomplished in such a way that these channels, as delivered to the system subscribers, if delivered on-channel, shall be at least 40 db stronger as measured at the customer receiver tuner input terminals than any stray direct pickup from these channels. If this is not possible, channel conversion of these stations shall be made to utilize other regular VHF channels, mid-band or octave channels for the delivery of these stations to the customer’s receivers.

(J) (1) The system shall be designed in such a way that 20 channel operation is possible at the outset, utilizing either mid-band frequencies or octave frequency groupings. If so-called mid-band frequencies for cable carriage of one or more channels are utilized, it shall be demonstrated that the carriage is possible in the service area or areas without introduction into the cable transmission lines of direct pick up from radio services operating in the mid-band region, which would tend to interfere with the carriage of one or more proposed television channels in this frequency range.

(2) If the octave-frequency grouping method of providing spectrum space for additional channels (more than the 12 regular VHF channels) is utilized, it shall be demonstrated that the equipment is operational and available for delivery.

(K) The system shall be capable of producing a picture, whether in black and white or in color, which is undistorted, free from ghost images and accompanied with proper sound on typical standard production TV sets in good repair, and as good as the state of the art allows.

(L) The facilities used by the grantee shall be capable of distributing color TV signals, and when the signals the grantee distributes are received in color they shall be distributed in color.

(M) The system shall transmit signals of adequate strength to produce good pictures with good sound at all outlets without causing cross-modulation in the cables or interfering with other electrical or electronic systems.

(N) In the event the Board of Supervisors determines that the quality of service being rendered by the grantee is not equal to comparable systems delivering service in the state, the grantee, upon written notice from the Board of Supervisors, shall with due diligence, do whatever is necessary to bring its service up to such standards.

(O) The grantee shall, at all times during the term of any franchise granted under this chapter, at its own cost and expense, properly and in good workmanlike manner, install and maintain adequate shielding, filtering and grounding at affected installations within the CATV system to eliminate television interference encountered from fundamental frequency overload by radio amateur transmissions which are in compliance with the Federal Communications Commission regulations.

(1966 Code, § 6A-24) (Ord. 312, § 24; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) When not otherwise prescribed herein, all matters herein required to be filed with the county shall be filed with the Clerk of the Board of Supervisors.

(B) The grantee shall, without charge, provide all subscriber services of its system, including a multiple connection service to all public and non-profit private schools, county Sheriff’s offices and substations, county fire stations, county recreation centers and such other buildings owned or controlled by the county, which shall, from time to time, be designated by the Board of Supervisors, provided the buildings are located within the service area or areas of any franchise granted to the grantee under this chapter, or within the service area or areas of any other franchise granted to the grantee within the county, including incorporated areas thereof, by any other legislative body or agency thereof. The grantee shall install, without charge to the county or the public or private schools, up to 200 feet of service connection from the transmission cable otherwise maintained or required to be maintained by the grantee for the service of paying subscribers of the grantee. The county, or any such public or private schools shall pay to the grantee the costs of all labor and materials supplied by the grantee for the installation of any service connection in excess of the initial 200 feet.

(C) In the case of any emergency or disaster, the grantee shall, upon request of the Board of Supervisors, make available its facilities to the county for emergency use during the emergency or disaster period.

(D) 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 county, and such prohibition shall extend and apply to the officers and directors of the grantee, to all general and limited partners of the grantee, to any person or combination of persons owning, holding or controlling 5% or more of any corporate stock or other ownership interest of the grantee, or any affiliated or subsidiary entity, owned or controlled by the 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 the grantee, shall own, hold or control 5% or more of any corporate stock or other ownership interest; and the prohibition shall likewise apply to any person, firm or corporation acting or serving in the capacity of a holding or controlled company of the grantee.

(E) The grantee shall be prohibited from deleting, revising, adding to or substituting any program of any television or FM radio broadcast station carried by the grantee, whether with or without the consent of the station, without the prior written approval for good cause shown of the Board of Supervisors and then only upon such terms as the Board of Supervisors shall prescribe.

(F) The grantee shall maintain an office within the county so that CATV maintenance service shall be promptly available to subscribers upon telephone request.

(G) No person, firm or corporation in the existing service area of the grantee 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.

(H) (1) Before the grantee shall provide service to any subscriber, the grantee shall obtain a signed contract from the subscriber containing a provision substantially as follows:

“Subscriber understands that in providing service grantee is to make use of public rights-of-way within the county, and that the continued use of these public rights-of-way is in no way guaranteed. In the event 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 alternate routes. Subscriber agrees he or she will make no claim nor undertake any action against the county, its officers, its employees or grantee if a service to be provided by grantee hereunder is interrupted or discontinued because the continued use of the rights-of-way, is denied to grantee for any reason.”

(2) The form of the grantee’s contract with its subscribers shall be subject to approval of the District Attorney with respect to the inclusion of this provision.

(I) The grantee shall limit failures to a minimum by locating and correcting malfunctions promptly, but in no event longer than 24 hours after notice.

(J) The grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. The interruptions insofar as possible shall be preceded by notice and shall occur during periods of minimum use of the system.

(K) The grantee shall comply with all rules and regulations of the Federal Communications Commission as they may be here applied, for the carriage and non-duplication protection of television stations and shall, within limitations as to its general capacity and the technical availability thereof, carry all television signals serving the general area.

(L) Upon termination of service to any subscriber, the grantee shall promptly remove all its facilities and equipment from the premises of the subscriber upon his or her request.

(1966 Code, § 6A-25) (Ord. 312, § 25; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)

(A) It shall be unlawful for any person to establish, operate or to carry on the business of distributing to any persons in this county any television signals or radio signals by means of a CATV system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter, and unless the franchise is in full force and effect.

(B) It shall be unlawful for any person to construct, install or maintain within any public street in the county, or within any other public property of the county or within any privately owned area within the county which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision or parcel map approved by the county, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing the use of the street or property or area has first been obtained pursuant to the provisions of this chapter, and unless the franchise is in full force and effect.

(C) It shall be 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 CATV system within this county for the purpose of taking or receiving television signals, radio signals, pictures, programs or sound.

(D) It shall be 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 CATV system within this county for the purpose of enabling himself, herself or others to receive any television signal, radio signal, picture, program or sound, without payment to the owner of the system.

(E) It shall be 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.

(1966 Code, § 6A-26) (Ord. 312, § 26; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)