San Mateo Municipal Code Ch. 15.24 Community Antenna Television Franchise

For the statutory authority of cities to franchise or license the construction of a community antennae television system, see Cal. Gov. C.A. Sec. 53066.

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:

(1) "Agreement" means a contractual document containing the specific provisions of the Franchise granted, including referenced specifications, Franchise applications, Franchise requirements, ordinances and other related materials, and all amendments thereof.

(2) "Cable System" or "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 of one (1) or more television broadcast stations;

(b) A facility that serves only Subscribers in one (1) or more multiple unit dwellings under common ownership, control or management unless such facility or facilities uses any public right-of-way;

(c) A facility of common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services;

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

(e) Any facilities of any electric utility used solely for operating its electrical utility systems.

(3) "Franchise" or "Franchise Agreement" means any authorization granted hereunder in terms of franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV System in the City. Any such authorization, in whatever term granted, shall not mean and include compliance with any of the requirements of Title 5.

(4) "Franchise Area" means that area within the corporate limits of the City.

(5) "Grantee" means the person to whom a Franchise is granted pursuant hereto.

(6) "Gross Revenues" means any and all revenue derived directly or indirectly by Grantee, its affiliates, subsidiaries, parent, or any entity in which Grantee has a financial interest, from the operation of its Cable System to provide Cable Services within the City including, but not limited to, 1) all Cable Service fees, 2) Franchise Fees, 3) late fees, returned check charges, collection agency charges, 4) Installation and reconnection fees, 5) fee payments or other consideration earned by the Grantee from programmers for carriage of Cable Services to the extent consistent with generally applicable accounting principles ("GAAP"), 6) upgrade and downgrade fees, 7) advertising revenue calculated consistent with GAAP, 8) home shopping commissions, 9) Converter and remote control rental fees, 10) Lockout Device fees and 11) guides. The term Gross Revenue shall not include bad debts or any taxes on Services furnished by Grantee imposed upon Subscribers by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit. City and Grantee acknowledge and agree that Grantee will maintain its books and records in accordance with GAAP.

(7) "Subscriber" means any person receiving Cable Service whether pursuant to a monthly or other charge or fee as a public service.

prior code § 121.01

Ord. 1990-27 §§ 1 & 2, 1990

(a) The City Council may at any time in accordance with applicable law grant one (1) or more nonexclusive revocable Franchises to construct, operate, maintain and reconstruct a Cable System within all or any part of the City as specified by the Franchise Agreement, which may include those provisions of the Grantee's "Franchise Proposal" which are finally negotiated and accepted by the City and Grantee. A public hearing shall be held prior to grant of a Franchise. Notice shall be given by publication at least ten (10) days prior to the public hearing. Nothing in this chapter shall be deemed to waive the requirements of other City codes and ordinances regarding permits, fees to be paid, manner of construction or general governance of Franchises.

(b) This chapter shall apply to all Franchises and Franchise renewals granted or renewed by the City. Amendments to the various provisions of this chapter shall further apply, to the extent permitted by applicable federal or State law, to all Franchises granted or renewed prior to the effective date of this and subsequent amendments.

(c) No Cable System shall be allowed to occupy or use the streets, public rights-of-way or public utility easements within the limits of the City or be allowed to operate without a Franchise in accordance with this chapter.

prior code § 121.02

The Grantee of a Franchise hereunder shall at all times comply with all generally applicable code requirements regarding the undergrounding of transmission and distribution facilities.

prior code § 121.04

The duration of any Franchise granted hereunder and all rights, privileges, obligations and restrictions pertaining thereto shall be as provided in the Franchise Agreement.

prior code § 121.05

The Grantee of a Franchise hereunder shall pay the City quarterly a sum equal to five percent (5%), or such greater sum permitted by federal law and the terms of the Franchise, to be calculated on Grantee's Gross Revenues, as that term is defined in the Franchise Agreement.

prior code § 121.06

Grantee shall file with the City, at the time of payment of the franchise fee, a report of all Gross Revenues in the form and substance as outlined in the Franchise. The payment shall be made within thirty (30) days of the end of each quarter.Pursuant to the terms of the Franchise, the City shall have the right to inspect the Grantee's records showing the Gross Revenues from which its franchise fee payments are computed and the right of audit and recomputation of any and all amounts paid under any Franchise issued pursuant hereto.

prior code § 121.07

All provisions of this code and all rules, regulations and specifications heretofore or hereafter enacted or established shall apply to the holder of any Franchise issued hereunder unless otherwise exempted.

prior code § 121.08

The Grantee of a Franchise hereunder is obligated to apply for and receive all permits, licenses and authorization necessary to the full operation of the business whether from governmental agencies, private corporations or utilities.

prior code § 121.09

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 City Manager by reason of traffic conditions, public safety, street vacation, freeway and/or 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 structure or improvements by public agencies; provided, however, that the Grantee shall in all such cases have the privilege and be subject to the obligations to abandon any property of the Grantee in place, as herein provided.

prior code § 121.13

The Grantee of any Franchise shall hold the City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the Grantee's agents' or employees' operations under the Franchise. The Grantee shall defend the City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused by reason of any of the aforesaid operations.To assure compliance with the above, the Grantee shall take out and maintain during the life of the Franchise such public liability and property damage insurance as shall insure the City, its elective and appointive boards, commissions, officers, agents and employees against claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the Grantee's operations under the Franchise whether such operations be by the Grantee or by anyone directly or indirectly employed by the Grantee.The amounts and basis of the insurance shall be established in the Franchise Agreement.All insurance policies shall be issued by an insurance carrier satisfactory to the City and shall be delivered to the City. In lieu of actual delivery of such policies a certificate issued by the insurance carrier showing such policies to be in force will be accepted.

prior code § 121.15

At all reasonable times, the Grantee shall permit any duly authorized representative of the City to examine all property of the Grantee, together with any appurtenant property of the Grantee situate within or without the City, 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 City, or, upon reasonable request, made available in the City, and if the City Council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the Grantee.The Grantee shall at all times make and keep in the City full and complete plans and records showing the location of all equipment installed or in use in streets and other public places in the City.

prior code § 121.16

The Grantee of any Franchise hereunder shall file its schedule of rates and charges with the City Clerk. Notice of changes in rates and charges shall be filed with the City Clerk and all Subscribers. The intent of this section is to provide notice to City so as to keep City informed; nothing in this section is intended to authorize rate regulation by City.

prior code § 121.17

Ord. 1991-3 §§ 2 & 3, 1991

(a) It is unlawful for any person to construct, install or maintain within any public street in the City, or within any public property of the City, or within any privately owned area within the City which has not yet become a public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a Cable System, unless a Franchise authorizing such use of such street or property or area has first been obtained, and unless such Franchise is in full force and effect.

(b) It is unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of the Cable System within this City for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound, without payment to the Grantee of said System.

(c) It is unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.

Violations of this chapter are misdemeanors or infractions as charged pursuant to Chapter 1.04.

Franchise renewal shall be in accordance with applicable law.

In accepting a Franchise, the Grantee acknowledges that its rights hereunder are subject to the police power of the City to adopt and enforce general ordinances necessary to the health, safety and welfare of the public, and it agrees to comply with all general laws and ordinances enacted by the City pursuant to such power.

If, during the effective period of any Franchise, any area of regulatory authority is preempted from local regulation by Federal or State law, and such preemption ends in whole or in part during the effective period of the same Franchise, City reserves the right to resume local regulation to the extent permitted by law and which it deems appropriate.

Ord. 1991-3 §§ 2 & 4, 1991

For an initial Franchise grant Grantee shall reimburse the City within sixty (60) days of receipt of an itemization of costs from the City for the City's reasonable out of pocket processing costs, including, but not limited to, consultant and special legal costs.