San Joaquin County Municipal Code Ch. 1 Community Antenna Television Systems

Unless otherwise indicated in this chapter, the following terms have the following meanings in this chapter:

(a) "CATV" means a community antenna television system designed as a system of antenna, coaxial cables, wires, waveguides and 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 contemplated in this chapter.

(b) "Franchise" means any nonexclusive authority granted pursuant to this chapter in terms of a franchise or otherwise to construct, operate and maintain a CATV system in the unincorporated area of the County.

(c) "Franchise area" means all or any portion or portions of the unincorporated area of the County for which a franchise has been granted under this chapter.

(d) "Grantee" means the person to whom a franchise under this chapter is granted by the Board and any lawful successor or assignee of that person.

(e) "Gross revenues" means any and all compensation or receipts obtained from and as a result of the operation of a CATV system by a grantee within the franchised area, for a twelve (12) month accounting period, except that it does not include receipts or compensation for:

(1) The installation, reconnection or any other nonrecurring charges;

(2) The amount of any refunds, credits or other payments made to subscribers or users;

(3) Any taxes on services furnished by the grantee imposed directly or indirectly on any subscriber or user by any municipal corporation, political subdivision, state or other governmental unit and collected by the grantee for the governmental unit;

(4) The sale or transfer of tangible property;

(5) The sale or transfer of the franchise;

(6) The issuance, sale or transfer of corporation stocks, bonds or other securities; and

(7) Loans or gifts to the grantee.

(f) "Property of grantee" means any property constructed, installed, operated or maintained by a grantee under the authority of a nonexclusive franchise issued pursuant to this chapter.

(g) "Street" means the surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, court, sidewalk, parkway, drive, public utility easement or other public place as may be authorized by the Board, existing as such within the unincorporated area of this County as of or after the effective date of the ordinance codified in this chapter.

(h) "Subscriber" means any person or entity receiving for any purpose the CATV service of a grantee.

(i) "FCC" means the Federal Communications Commission of the United States Government or any successor agency which may assume the duties and functions of the Federal Communications Commission.

(Ord. 1455; 2441; 3256)

No person shall extend, operate or 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. No person shall construct, install or maintain within any street in the County, or within any other public property of 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 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.

(Ord. 1455)

A nonexclusive franchise to construct, operate and maintain a CATV system within any franchise area may be granted by the Board to any person, whether operating under an existing franchise or not, offering to furnish and provide a system pursuant to the terms and provisions of this chapter. No provision of this chapter shall be construed as to require the granting of a franchise when in the opinion of the Board it is in the public interest to restrict the number of grantees to one or more. Neither the granting of any nonexclusive franchise under this chapter nor any of the provisions contained in this chapter shall be construed to prevent the County from granting any identical, or similar, nonexclusive franchise to any person within all or any portion of the County.

(Ord. 1455)

An application for a franchise under this chapter shall be in writing and accompanied by a nonrefundable payment to the County of Two Hundred Fifty Dollars ($250.00) to reimburse the County for expenses incurred in connection with processing and handling the application. The application is to be submitted to the Board of Supervisors and will be referred to the County Administrator for coordination of the review of the application prior to the Board's setting of a public hearing regarding the application. An application 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 be set forth. If the applicant is a corporation, the application shall state the names and addresses of its directors, main officers, major stockholers, 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;

(c) The proposed location of the CATV system and its various components;

(d) A description of the manner in which the applicant proposes to construct, install, maintain and operate the CATV system and the extent and manner in which existing or future poles or other facilities or other public utilities will be used for the system;

(e) A description of the public streets, public places and proposed public streets within which the applicant proposes or seeks authority to construct, install or maintain any CATV equipment or facilities;

(f) A description of the equipment or facilities proposed to be constructed, installed or maintained therein and the proposed location thereof;

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

(h) A statement or schedule in a form approved by the County Administrator of proposed rates and charges to subscribers for installation and services, and a copy of the proposed service agreement between the grantee and its subscribers shall accompany the application;

(i) 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;

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

(k) A financial statement prepared by a certified public accountant or public accountant satisfactory to the Board, or another showing satisfactory to the Board, demonstrating the applicant's financial status and its financial ability to complete the construction and installation of the proposed CATV system;

(l) The Board may at any time demand, and the applicant shall then provide, such supplementary, additional or other information as the Board deems reasonably necessary to determine whether the requested franchise should be granted and the application may be amended with consent of the Board at any time prior to granting of the franchise.

In the event that the applicant fails to submit an application which contains the items specified in this section, at the time of submission to the County, the applicant shall be so notified in writing by the County Administrator within forty-five (45) days of receipt of the application by the Clerk of the Board of Supervisors. The applicant has the option, upon such notification by the County Administrator, to either request that the application be set for public hearing before the Board in its incomplete form or shall have one (1) year to correct any incompleteness. If the applicant neither requests a public hearing nor supplies an application containing the requirements specified in this section, within one (1) year of the notification of incompleteness, the application will be considered lapsed and closed. The applicant is not precluded from submitting a new application at any time, upon payment of a new application fee. Any new application shall be complete of itself without reference to any other prior application which has lapsed.

(Ord. 1455; 3256)

Upon consideration of any application, the Board may refuse to grant the requested franchise or the Board may by resolution grant a franchise for a CATV system to any applicant as may appear from its application to be in the opinion of the Board best qualified to render good and efficient CATV service to subscribers in the proposed franchise area. The application submitted, together with any amendments, and this chapter shall constitute and form part of the franchise if granted.

A franchise for a CATV system shall only be awarded to an applicant following full consideration by the Board of the applicant's legal, character, financial, technical and other qualifications, applicant's experience, the adequacy and feasibility of construction arrangements, and any other consideration that will safeguard the public interest. Board action awarding or denying a franchise shall follow a public hearing for which prior notice has been given and which affords due process.

(Ord. 1455; 2441; 3256)

Within thirty (30) days after the date of a Board resolution awarding a franchise, or within such extended period of time as the Board may authorize, which authorization shall not be unreasonably withheld, the grantee shall file with the County Administrator his written acceptance in forms satisfactory to the County Counsel, of the franchise, together with the required bond and insurance policies, and his agreement to be bound by and to comply with and to do all things required of him 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 be in form and content satisfactory to, and approved by, the County Counsel. In the event the grantee does not meet the deadlines provided in this section the grantee's application and award of a franchise will be considered automatically expired.

(Ord. 1455; 3256)

Any franchise granted pursuant to this chapter shall include, among other things, the following condition:

The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by Ordinance of the County of San Joaquin and no other purpose whatsoever.

Inclusion of the foregoing statement in any 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 a franchise granted pursuant to the authority conferred by this chapter.

(Ord. 1455)

No franchise granted by the Board shall be for a term longer than fifteen (15) years following the date of execution of the franchise agreement and the Board.

The franchise may be modified by mutual agreement of the parties during the term of the franchise.

A franchise may be renewed for successive terms, not to exceed fifteen (15) years each, if the renewal or renewals are approved, in writing, by the Board and the grantee.

An option for extension of a franchise may be granted not to exceed fifteen (15) years per extension, when there is eight or less years remaining of the franchise and franchisee is proposing to make significant physical improvements to the system. The option must be approved in writing, by the Board and the Grantee, and include a date, prior to the franchise expiration date, by which time the option must be exercised by franchisee. Exercise of the option will be deemed exercised upon filing, by franchisee, of a written Notice of Exercise of Option, to the Clerk of the Board.

Any neglect, failure or refusal of a grantee to substantially comply with any of the material terms or conditions of this chapter, the franchise agreement, or law, continuing for more than sixty (60) days following written notice and an opportunity to cure such defect, shall work a forfeiture thereof in addition to the other penalties and rights provided in this chapter. The Board may thereupon declare the franchise forfeited and may exclude the Grantee from further use or acts thereunder, and the grantee shall be deemed to have immediately and automatically surrendered all rights under this chapter. The grantee shall remove its equipment from the streets and other locations under county jurisdiction and within the franchise area within ninety (90) days after receipt of notice of the Board's declaration that the franchise has been forfeited.

Notice, for the purposes of this section, shall be in writing and deposited in the United States mail, postage prepaid, as certified or registered mail, addressed to the grantee at its address last filed with the Board. Nothing contained in this chapter shall be construed to limit the Board from extending the deadlines set out in this provision where there is reasonable cause to do so.

(Ord. 1455; 3256; 3522)

Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of constructing, operating and providing a CATV system in the franchise 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, where the County's interest therein will support the grant, and through easements which have been dedicated for compatible uses, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, devices, attachments and other property as may be necessary and appurtenant to the CATV system; and, in addition, to use, operate and provide similar facilities or properties rented or leased from other persons including, but not limited to, any public utility or other person permitted to do business in the County.

(Ord. 1455; 2441; 3256)

In the event that an action by the Board of Supervisors under this chapter requires prior public notice of a hearing, such notice shall be given by publication of the notice of a hearing pursuant to Government Code Section 6061, at least fifteen (15) days prior to the public hearing, in a newspaper of general circulation in the franchise area.

(Ord. 1455; 2441; 3256)

The Board may from time to time by resolution establish franchise fees, as measured by a percentage of gross revenues of the grantee, for the various parts of the County, but in no event shall such franchise fees exceed the maximum percentage per year of the gross revenues of the grantee allowed by the then-applicable law. Any grantee granted a franchise under this chapter shall pay to the County during the term of such franchise the franchise fee established for the franchise area at the time the franchise is granted unless the franchise is later amended by resolution of the Board. Payment by the grantee to the County shall be made annually at the same time the financial statement required by Section 7-2011 is filed. The payments provided for in this section shall be in lieu of any occupation tax, license, tax or simlar levy over which the Board has control.

The grantee and the County retain all rights granted under law regarding the passing through of changes in fanchise fees and designation of franchise fees on a subscriber's bill.

(Ord. 1455; 2441; 3256)

The grantee shall file a financial statement for the preceding fiscal year, which has been prepared by a certified public accountant or by a public accountant, within ninety (90) days after the expiration of the grantee's fiscal year. The statement shall show in detail the gross revenues of the grantee derived from the franchise granted by the Board of Supervisors.

The right is reserved to the County of audit and recomputation of any and all amounts paid under this chapter until expiration of a period of three (3) years following payment. Acceptance shall not 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 obligations under this chapter.

(Ord. 1455; 3256)

After December 30, 1986, all grantees shall be considered to have their rates deregulated automatically without further action by the County except any grantee which operates a CATV system which is not subject to effective competition, as defined by federal regulations regarding CATV system rate regulation. A grantee whose CATV system is not subject to effective competition will have its rates regulated pursuant to Section 7-2012.1.

(Ord. 1455; 2441; 3256)

A grantee's CATV system which is not subject to effective competition, as defined by federal regulations regarding CATV system rate regulation, may establish and increase its rates for the provision of basic cable service by the following procedure:

(a) The grantee must give notice to the County of the desire to establish or increase rates;

(b) The County will give notice of the proposal to the public pursuant to Section 7-2009;

(c) A public hearing shall be held and oral and written views of interested parties concerning the rates will be considered by the Board of Supervisors;

(d) The Board of Supervisors shall make a written order containing a statement and summary explanation of their decision on the rate matter;

(e) If the Board fails to finally act on the grantee's notice within one hundred eighty (180) days after filing, the rate increase shall automatically be deemed approved unless the time for action is extended by mutual written agreement between the parties;

(f) In addition to the provisions of this section, the grantee may automatically, without approval, increase rates by an amount not to exceed that amount which is specified by law. The grantee may also automatically pass through cost increases that are readily identifiable and entirely attributable to the provision of basic service, to the basic service rate, without approval of the County.

(Ord. 3256)

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

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

(c) Any privilege claimed under a franchise by the grantee in any street, or other public property, shall be subordinate to any prior occupancy thereof for public purposes.

(d) A franchise granted hereunder shall be a privilege to be held in personal trust by the original grantee. It cannot be sold, transferred, leased, assigned, or disposed of, in whole or in part, either by forced or involuntary sale, merger, consolidation, or otherwise, without prior consent of the Board expressed in writing, and under the conditions therein prescribed. The grantee shall file with the Board within thirty (30) days after any sale, transfer, assignment, or lease of the franchise or any part thereof or any of the rights or privileges granted thereby, written evidence of the transaction certified to by the grantee or its duly authorized officers. Any proposed assignee must show financial responsibility and must agree to comply with all of the provisions of this chapter; and provided further, that no consent or approval shall be required for a transfer in trust, by mortgage, by security agreement, or by other hypothecation as a whole, to secure an indebtedness, or for a transfer required by operation of law.

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

(f) The grantee shall have no recourse whatsoever against the County for any loss, cost, expense, or damage arising out of any provisions or requirements of this chapter or its enforcement.

(g) Any franchise granted pursuant to this chapter 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, except that nothing herein shall be so interpreted as to cause this chapter, or any franchise granted pursuant to it, to be inapplicable or inoperative as a result of the laws of another governmental agency or agencies.

(h) Any franchise granted under this chapter shall not relieve the grantee of any obligation involved in obtaining pole space from any department or division of the County, other agency of government, utility company, or from others maintaining poles in streets, provided the latter shall cooperate with the grantee to the end that only one set of poles is required by all.

(i) Repealed by 3256.

(Ord. 1455; 3256)

(a) Nothing in this chapter shall in any way or to any extent impair or affect the right of the County to acquire the grantee's property either by purchase or through exercise of the right of eminent domain, in respect to any grantee.

(b) No franchise granted under this chapter shall be given any value before any court or other public authority in any action or proceeding brought by the County in excess of the amount of the required filing fee and any other sum paid by the grantee to the County for a franchise at the time of granting.

(c) There is reserved to the County every right and power which is required to be reserved in this chapter or provided by any ordinance or resolution 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, enacted or established before or after the effective date of the ordinance codified in this chapter.

(d) The Board may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter.

(e) Neither the granting of any franchise under this chapter nor any of the provisions contained in this chapter shall be construed to prevent the County from granting any identical or similar franchise to any other person within all or any portion of the County.

(f) Neither the granting of any franchise nor any provision herein shall constitute a bar to the exercise of any governmental right or power of the County.

(g) Relettered to (f) by 3256.

(Ord. 1455; 3256)

(a) The grantee shall establish procedures to resolve consumer controversy or charge arising from the operations of any grantee under this chapter.

(b) In the event that a consumer controversy or charge cannot be settled between the parties, the consumer or grantee has the option to request the County Administrator to review the matter and attempt to resolve the issues on an informal inquiry basis. The County Administrator shall accept and review all evidence submitted by all parties concerning the matter. The County Administrator shall issue a written decision to all parties concerning a controversy or charge brought for informal inquiry within fifteen (15) days after the matter is received by the County Administrator. The time limit set out in this subsection may be extended by mutual agreement of all the parties.

(c) In the event that any of the parties is in disagreement with the decision issued by the County Administrator, the parties retain the option of submitting the controversy or charge to mediation or arbitration or appropriate court proceedings. For the purpose of proceedings under this subsection, the decision of the County Administrator shall be considered as the final administrative decision and no other administrative procedures need be completed prior to filing a court action in the matter.

(d) The grantee shall give subscribers notice of the consumer complaint procedures available under this section at least one (1) time per year. Notice shall be given by mailing a copy of the consumer complaint procedures to the subscribers' addresses on file with the grantee.

(Ord. 1455; 3256)

(a) Upon acceptance of any franchise, the grantee shall immediately initiate action to obtain all permits, licenses, easements, variances and any other authorizations which are required or necessary in the conduct of its business, including but not limited to any utility joint-use attachment agreements, microwave carrier licenses, any authorizations required to import distant signals, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having or asserting jurisdiction over the operation of the CATV system, any associated microwave transmission facilities, or any associated facility, and the grantee shall proceed with due diligence until all such matters are obtained.

Copies of all petitions, applications, and communications submitted by the grantee to the Federal Communications Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operation authorized pursuant to its franchise, shall also be submitted simultaneously to the County by the grantee.

(b) Within ninety (90) days after obtaining all the required or necessary permits, licenses, easements, variances, and any other authorizations referred to in paragraph (a) of this section, grantee shall commence construction and installation of the CATV system.

(c) Within one hundred eighty (180) days after the commencement of construction and installation of a CATV system, grantee shall proceed to render initial service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence.

(d) Failure to do any of the foregoing within the time specified except as provided in paragraph (e) of this section shall be grounds for termination of the franchise.

(e) The Board may in its discretion extend the time for grantee, acting in good faith, to do any act required hereunder.

The time for commencement of construction and installation, or the rendering of service to subscribers, initially or thereafter, shall be extended or excused, as the case may be, for any period during which grantee experiences delay or interruptions due to any of the following circumstances if reasonably beyond its control: necessary utility changes or rearrangements, governmental or regulatory restrictions or requirements, labor strikes, lockouts, war (declared or undeclared), national emergency, fire, earthquake, the elements, and acts of God.

(f) Grantee shall initiate and complete construction of the CATV system within the primary service area as required by the rules and regulations of the FCC.

(Ord. 1455; 2441)

(a) The grantee shall not install or erect any facilities in or on street rights-of-way, without obtaining the prior written approval of the Director of Public Works. Such approval shall not be unreasonably denied or delayed. Prior written approval will be conditioned upon grantee agreeing to pay County on demand the reasonable costs for plan checking, field inspection, and related incidental expenses. In the event that a grantee is jointly trenching with one or more other utility supplier(s), the joint trench coordinator may include, in its request for approval, the grantee's installation within the trench. The application must reflect which trench user will be financially responsible to pay for the expenses enumerated in this subsection.

(b) During the development of new residential subdivisions, the Planning Department shall include the cable television company or companies, in whose territory the development is situated, in the list of referrals to process the tentative map application.

(c) Any dedication of a public utility easement shall include the use of the easement for CATV use.

(d) Any poles, wires, conduits or other properties of the grantee shall be constructed or installed in streets or overhead in accordance with good engineering practice at the locations and in the manner approved by the Director of Public Works and shall conform to all applicable codes and law including the provisions of Title 9, Division 2, Chapter 25 (Section 9-9390 et seq.) of this Ordinance Code. For the purposes of this subsection, "underground" shall include a partial underground system. Amplifiers in the grantee's transmission and distribution lines may be in appropriate housing upon the surface of the ground as approved by the Director of Public Works. The County shall not in any manner be responsible for any costs incurred by any grantee in placing its property underground or overhead.

(Ord. 1455; 3256; 3331)

(a) In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve (12) months, or in the event the system or property has been installed in any street or public place without complying with the requirements of this chapter, or the franchise has been terminated, cancelled, or has expired, the grantee shall promptly, upon being given ten (10) days' written notice, remove from the streets or public places all property and poles of the system other than any which the Director of Public Works may permit to be abandoned in place. In the event of removal, the grantee shall promptly restore the street or other area from which the property has been removed to a condition satisfactory to the Director of Public Works.

(b) Any property of the grantee remaining in place sixty (60) days after the termination, forfeiture or expiration of the franchise shall be considered permanently abandoned. The Director of Public Works may extend the time.

(c) Any property of the grantee to be abandoned in place shall be abandoned in the manner the Director of Public Works prescribes. 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 Director of Public Works an instrument in writing, to be approved by the County Counsel, transferring to the County the ownership of the property; provided, however, that in the event the County acquires ownership of the property and operates the property as a cable system or effects a transfer of ownership of the property as a cable system to another person, such acquisition or transfer shall be at a value or price as required by law.

(Ord. 1455; 3256)

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 Director of Public Works 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 this chapter.

(Ord. 1455)

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 Director of Public Works, the Director shall give written notice to the grantee of such failure. The notice shall be in writing addressed to the grantee's business address and mailed with postage paid. After seven days following the mailing of the notice, the Director of Public Works may at his 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 Director of Public Works to the grantee within thirty (30) days after receipt of the itemized report.

(Ord. 1455; 3256)

If required by the resolution granting the franchise, the grantee shall, concurrently with the filing of an acceptance of award under any franchise granted under this chapter, file with the County Clerk and shall at all times thereafter maintain in full force and effect for the term of a franchise or any renewal thereof, at the grantee's sole expense, a corporate surety bond in a company and in a form approved by the County Counsel, in the amount established by the Board prior to or concurrently with the granting of the franchise, renewable annually, and conditioned upon the faithful performance of the grantee, and upon the further condition that in the event the grantee fails to comply with any one or more of the provisions of this chapter, or of any franchise issued to the grantee under this chapter, 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 by this chapter 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 shall 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 the acceptance of the franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty (30) days' prior written notice of intention not to renew, cancellation, or material change be given to the County Administrator. Neither the provisions of this section, nor any bond accepted by the County pursuant hereto, nor any damages recovered by the County 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. The Board may at any time waive or reduce the amount of the bond provided for by this section.

(Ord. 1455)

(a) The grantee shall indemnify the County, its officers, and its employees against all claims, demands, actions, suits, and proceedings by others, against all liability to others, and against any loss, cost, and expense resulting therefrom, including reasonable attorneys' fees, arising out of the exercise or enjoyment of its franchise irrespective of the amount of the comprehensive liability insurance policy required hereunder.

(b) The grantee shall at all times during the existence of any franchise issued hereunder maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the County, its officers, boards, commissions, agents, and employees, in a company approved by the County Counsel and in a form satisfactory to the County Counsel, protecting the County and all persons against liability for loss or damage for personal injury, death, and property damage occasioned by the operations of grantee under a franchise and for property damage in the amounts required by the resolution granting the franchise. A copy of the policy or policies or certificates of insurance showing the existence of the insurance coverage shall be filed by the grantee with the Board.

(c) The policies mentioned in the foregoing paragraph shall name the County, its officers, boards, commissions, agents, and employees, shall contain a contractual liability endorsement approved by the County Counsel, and shall contain a provision that a written notice of any cancellation or reduction in coverage of said policies shall be delivered to the County Administrator thirty (30) days in advance of the effective date thereof.

(Ord. 1455)

(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 in relation to its franchise. If any maps or records are not kept in the County or upon reasonable request made available in the County and if the Board determines that an examination of the maps or records 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 Director of Public Works and the County Administrator, at the times and in the form prescribed by either officer, reports with respect to its operations, affairs, transactions or property as may be reasonable, 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 the County full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets or other public places in the County.

(d) The grantee shall file with the Director of Public Works, upon his demand, on or before the last day in March 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 of the County.

(e) When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for joint use of poles and facilities shall be filed with the Director of Public Works.

(Ord. 1455)

The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the industry to the end that subscribers shall receive the best possible service.

(Ord. 1455; 2441; 3256)

All matters provided in this chapter to be filed with the County, unless provided otherwise in this chapter, shall be filed with the County Administrator.

(Ord. 1455)

The grantee shall maintain an office within an incorporated or unincorporated portion of the County and a telephone connection which subscribers may call without incurring special message or toll charges so that CATV maintenance service is easily available to subscribers. The office shall be open during customary business hours Monday through Friday, excluding legal holidays. In the event that the grantee demonstrates to the satisfaction of the County Administrator that there is just cause for waiving the requirement of this section, the County Administrator may so waive the requirements, in writing. For the purpose of determining whether just cause exists, the grantee must show that its subscribers are also in agreement that the requirement be waived.

(Ord. 1455; 2441; 3256)

No person or entity 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 or any other charges as provided by this chapter or any resolution granting the franchise. The grantee shall assure that access to cable service is not denied to any group of potential residential cable subscribers because of income of the resients of the local area where the group resides.

(Ord. 1455; 3256)

Before the grantee provides 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 antenna service (Grantee) is making use of public rights-of-way within the County of San Joaquin and that the continued use of these public rights-of-way is in no way guaranteed. In the event 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 will make no claim nor undertake any action against the County of San Joaquin, its officers, its employees, or (Grantee) if the 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.

The form of the grantee's contract with its subscribers is subject to approval of the Board with respect to the installation of this provision.

(Ord. 1455)

Whenever any portion of a franchised area shall be annexed to or otherwise become a part of any municipal corporation or of any other county or of any other agency or political subdivision of the State of California, performing the governmental functions exercised by this chapter, the County's rights under this chapter as they relate to that portion of a franchised area shall inure to the benefit of the other public body and its appropriate officers subject to the assumption of the obligations of the County and the grantee's rights under this chapter on no less favorable terms and under any franchise issued pursuant to this chapter.

(Ord. 1455; 3256)

(a) No person shall make any unauthorized connection, whether physically, acoustically, inductively, electronically, or otherwise, with any part of a franchised CATV system within the County for the purpose of taking or receiving television signals, radio signals, pictures, programs, sound, or electronic impulses of any kind for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program, sound, or electronic impulses.

(b) No person, without the consent of the grantee, shall wilfully tamper with, obstruct, or injure any cables, wires, devices, or equipment used for the distribution of television signals, radio signals, pictures, programs, sound or electronic impulses of any kind.

(Ord. 1455; 3256)