San Jose Municipal Code Part 6 Cable Television Rates and Service

A. Grantee shall proceed, within a reasonable time from the effective date of the ordinance granting the franchise or franchise renewal, to obtain all necessary permits, contracts and authorizations which are required in the conduct of its business, including public utility joint-use agreements and any microwave carrier license or other licenses granted or required by duly constituted regulatory agencies having jurisdiction over such facilities. Further, grantee shall commence the work of construction of facilities required to be installed to comply with the franchise or franchise renewal within a reasonable time subsequent to the obtaining of all necessary permits and authorizations. The completion of the installation shall be pursued with reasonable diligence so that service to all subscribers within each service area for which grantee has a franchise shall be provided or be available within such reasonable time as is set forth in said franchise or franchise renewal.

B. If the necessary permits, contracts, agreements and licenses have not been secured within eighteen months from the effective date of the ordinance, the city shall have the right to terminate the franchise or franchise renewal, after holding a public hearing and determining that the public interest requires that the franchise or franchise renewal be terminated. If the council determines at said hearing that the public interest would not be served by the cancellation of said franchise or franchise renewal, and that with reasonable diligence on the part of grantee such permits, contracts, agreements and licenses can be obtained within a further period specified by the council, said franchise or franchise renewal may be extended for such additional period.

C. Failure on the part of 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 such franchise or franchise renewal. Delays beyond the control of grantee shall be taken into consideration by the council, but shall not prevent a cancellation or termination if the council determines that the public interest so requires.

D. After the grantee shall have established service pursuant to this chapter, such service shall not be suspended or abandoned unless such suspension or abandonment is authorized by resolution of the city council. A finding by the city council of an unauthorized suspension or abandonment for a period of more than ten days shall constitute cause for revocation of the franchise or franchise renewal.

(Prior code § 10126.1; Ord. 22101.)

The grantee shall maintain an office in the city so that cable system maintenance shall be promptly available to subscribers upon telephone request. Said office shall be open and full maintenance service shall be available during all hours that grantee is furnishing or supplying signals to subscribers.

(Prior code § 10126.8; Ord. 22101.)

A. The cable system permitted to be installed and operated hereunder shall, at minimum:

1. Distribute color television signals which it receives in color; and

2. Have the capacity to receive and distribute signals from satellites; and

3. Provide channel capacity for public, educational, and governmental use. The number of such channels shall be set forth in a franchise or franchise renewal agreement; and

B. Subscriber Complaints. Grantee shall establish a subscriber complaint procedure as specified in the franchise or franchise renewal agreement and shall respond to subscriber complaints according to the requirements of such procedure. Grantee shall maintain a log recording subscriber complaints as specified in the franchise or franchise renewal agreement.

(Ord. 22101.)

A. No line extension charge to subscribers shall be made by grantee in any areas where the number of occupied houses is greater than fifty per mile of trunk line.

B. No line extension charge shall be made which is greater than the actual cost to grantee of the time and materials involved.

C. Grantee shall be permitted to assess a line extension charge on any subscriber who requests installation of services to a location which is more than one hundred fifty feet from existing cable plant, or which requires the expenditure of more than four hundred dollars to install. Nothing in this subsection shall relieve the grantee of any obligation to provide line extensions required by this ordinance or any franchise or franchise renewal agreement.

(Prior code § 10126.11; Ord. 22101.)

No charge shall be made to any subscriber by reason of the maintenance, repair, removal or replacement of any property of grantee, unless the same was caused by the deliberate act or negligence of subscriber, or acts of domestic animals on the subscriber's premises.

(Prior code § 10126.12; Ord. 22101.)

A. No residential dwelling or similar unit in the service area shall be refused cable television service unless the providing of such service would not, in the opinion of the city council, be in the public interest; provided, however, that grantee shall not be required to provide service to any subscriber who does not pay the regular connection fee or the regular monthly service charge; provided further that under no circumstances will any group of potential residential cable subscribers be denied access to cable service because of the income of the residents of the local area in which such group resides. Any violation of this section shall be deemed a material breach of the franchise granted under this ordinance and shall be grounds for termination of this franchise if such a determination is made pursuant to the provisions and procedures of Section 15.28.385.

B. No grantee shall make or grant any preference on the basis of any improper classification including race, color, religion, national origin, age or sex, to rates, charges, services, facilities, rebates, or in any other respect, or subject any person to any prejudice or disadvantage. Provided, however, that this section shall not prohibit grantee from offering a special rate to senior citizens.

(Prior code § 10126.13; Ord. 22101.)

A. Notwithstanding any specific term or provision of this chapter to the contrary, wherever the provisions of the cable act, or regulations duly promulgated thereunder, pertaining to rates subject to regulation by the city under the cable act are more restrictive than or cover matters not addressed by the provisions of this chapter, then those provisions of the cable act and regulations promulgated thereunder shall apply and control.

B. The city shall administer and enforce its laws pertaining to rates subject to regulation under the cable act and regulate those rates in a manner that is consistent with the cable act and regulations promulgated thereunder.

(Ord. 24623.)

At any and all public hearings before the city council required to be held under the provisions of the cable act, this chapter or other applicable laws pertaining to rates subject to regulation under the cable act, the city council shall hear and consider the views of all interested parties. The provisions of this section are declarative of existing practice and procedure.

(Ord. 24623.)

Notwithstanding any specific term or provision of this chapter to the contrary, wherever the provisions of the cable act, or regulations duly promulgated thereunder, pertaining to customer service standards of grantee are more restrictive than or cover matters not addressed by the provisions of this chapter, then those provisions of the cable act and regulations shall apply and control.

(Ord. 24623.)