Chapter 15.28 — CABLE TELEVISION SYSTEMS

State Law reference— For statutory provisions authorizing any city to license, authorize by franchise and regulate a community antenna tell vision system, see Gov. Code § 53066.

Part 1 - DEFINITIONS

For purposes of this Chapter 15.28, certain words, phrases and terms used in this chapter and hereinafter defined in this Part 1 shall be deemed to have the meanings specified in this part unless it is apparent from the text that a different meaning is intended.

(Prior code § 1021.1; Ord. 22101.)

"Cable act" means the Communications Act of 1934 (47 U.S.C. § 151 et seq. (1934)), as amended by the Cable Communications Policy Act of 1984 (P.L. 98-549, 98th Cong., 2d Sess. (1984); 47 U.S.C. § 521 et seq.), as further amended by the Cable Television Consumer Protection and Competition Act of 1992 (P.L. 102-385, 102nd Cong., 2d Sess. (1992); 106 Stat. 1460), as the same may be further amended from time to time.

(Ords. 22101, 24623.)

"Cable system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:

A.

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

B.

A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless each facility or facilities uses any public right-of-way;

C.

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

D.

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

(Ord. 22101.)

"FM" means frequency modulation radio transmission.

(Prior code § 10121.5; Ord. 22101.)

"Gross revenues" means any and all compensation and other consideration, in any form whatsoever, and any contributing grant or subsidy, received directly or indirectly by a grantee from subscribers or users of a cable system in payment for television or radio signal or service received within the city from such cable systems, excluding installation fees, line extension fees and any additional revenues of grantee specified in a franchise agreement. Gross revenues shall not include any taxes on services furnished by the grantee

imposed directly on any user or subscriber by any city, state or other governmental unit and controlled by the grantee for such governmental unit.

(Prior code § 10121.6; Ord. 22101.)

"Grantee" means the person, individual, partnership, association, joint stock company, trust, corporation or governmental entity to whom or which a franchise or franchise renewal is granted by the council, pursuant to the provisions of this chapter, and the lawful successor or assignee thereof.

(Prior code § 10121.7; Ord. 22101.)

"Property of grantee" means all property owned, installed or used by a grantee in the conduct of a cable television business in the city.

(Prior code § 10121.8; Ord. 22101.)

"Service area" means the area in which the grantee is permitted to provide subscribers with cable television service pursuant to a franchise or franchise renewal granted under the provisions of this chapter.

(Prior code § 10121.9; Ord. 22101.)

"Street," for purposes of this chapter, means the surface of, and the space above and below, a public street, road, highway, freeway, lane, alley, court, sidewalk, parkway, drive or easement dedicated to uses compatible with a cable system, now or hereafter existing as such within the city.

(Prior code § 10121.10; Ord. 22101.)

"Subscriber" means any person receiving for any purpose any cable television service provided by a grantee.

(Prior code § 10121.11; Ord. 22101.)

Part 2 - GENERAL PROVISIONS

It is hereby declared and determined that the business of establishing and/or operating a cable system for the purpose of supplying any person in the City of San José with television signals or radio signals by means of such cable system, or the establishing or carrying on of any business within the city which is designed to or does furnish any cable services to the inhabitants of the said city, should be regulated by

said city pursuant to the purposes and authority established by the cable act and the provisions of the California Government Code, Section 53066. Also, the use of any public street or public property, or of any area proposed to be a public street for any of the above purposes, is of great concern to the city and should be regulated by the city. It is the purpose of this chapter to provide such regulation.

(Prior code § 10122.1; Ord. 22101.)

A.

Except as specifically allowed by this chapter, it is unlawful for any person to establish or operate a cable system in the city unless a franchise or franchise renewal has first been obtained pursuant to this chapter and the franchise or franchise renewal is in full force and effect.

B.

Except as specifically allowed by this chapter, it is unlawful for any person to construct, install or maintain within any public street or other public property of the city, or within any privately owned area within the city that is not a public street but has been designated or delineated as a proposed public street on any tentative subdivision map approved by the city, any equipment or facilities for a cable system, unless a franchise or franchise renewal authorizing the use of the public street, other public property or proposed public street has first been obtained pursuant to this chapter and the franchise or franchise renewal is in full force and effect.

C.

The provisions of this chapter do not apply to a cable television system that was in operation on September 2, 1965, but shall apply when that cable television system is required to obtain a franchise or franchise renewal pursuant to the Cable Act and this chapter and during the period when a franchise application has been submitted but not finally decided upon by the city council pursuant to this chapter.

D.

Previously Constructed Systems:

It is unlawful for any person to operate a cable system on any previously constructed, installed and existing system or network of any kind without first obtaining a franchise pursuant to this chapter.

A grantee under this chapter may operate a cable system over a previously constructed and installed system or network as long as the system or network was constructed and installed pursuant to and in accordance with all applicable laws, regulations and rulings in effect at the time of that construction and installation.

(Prior code § 10122.2; Ords. 22101, 25121.)

Whenever it deems such to be for the public good, the council, subject to other provisions of this chapter, may and is hereby empowered to grant, by ordinance, to any person, whether operating under an existing franchise or not a nonexclusive franchise to operate or carry on the business of distributing to people in the city, or to people in a certain area or areas in the city, television signals or radio signals by means of a cable system, and/or to construct, install or maintain within specified public streets in the city, or within other specified public property of the city, or, subject to approval of the owner of such private area, within any privately owned area in the city which has not yet become a public street but which is designated or delineated as a proposed public street on any tentative subdivision map which has been approved by the city, any equipment or facilities for distributing television signals or radio signals by means of a cable system.

(Prior code § 10122.3; Ord. 22101.)

A.

All franchises and franchise renewals issued under this chapter shall be nonexclusive. No provision of this chapter shall be deemed to require restricting the number of franchises or franchise renewals to one or any particular number, and no provision of this chapter shall be deemed to prohibit or prevent the council from refusing to grant any franchise or franchise renewal if and whenever it finds or believes that the grant of any such franchise or franchise renewal is not for the public good.

B.

All franchises and franchise renewals shall be subject to terms and conditions specified in the charter of the City of San José, and to terms and conditions specified in this chapter. Also, in granting any franchise or franchise renewal, the council may prescribe such other and additional terms and conditions, not in conflict with said charter or this chapter, whether governmental or contractual in character, as in the judgment of the council are in the public interest or as the people by initiative, indicate they desire to have so imposed.

(Prior code § 10122.4; Ord. 22101.)