Santa Barbara County Municipal Code Art. IV County Cable TV and Video Franchises—Miscellaneous

Footnotes:

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Editor's note— Ord. No. 4785, § 2, adopted April 19, 2011, changed the title of art. IV from "Miscellaneous" to County Cable TV and Video Franchises—Miscellaneous".

The captions to sections throughout this chapter are intended solely to facilitate reading and reference to the sections and provisions of this chapter. Such captions shall not affect the meaning or interpretation of this chapter.

(Ord. No. 4371, § 2)

Unless otherwise indicated, when the performance or doing of any act, duty, matter or payment is required under this chapter or any franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time.

(Ord. No. 4371, § 2)

If any term, condition, or provision of this chapter shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the county and shall thereafter be binding on the franchisee and the county.

(Ord. No. 4371, § 2)

(a) Subscriber Right to Attach. To the extent consistent with federal law, subscribers shall have the right to attach VCR's, receivers and other terminal equipment to a franchisee's cable system. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment.

(b) Removal of Existing Antennae. A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the subscriber or potential subscriber, or prohibit installation of a new antenna; provided that, such antenna is connected with an appropriate device and complies with applicable law.

(Ord. No. 4371, § 2)

(a) No Retaliatory Actions. A cable communications system operator shall not discriminate among persons or the county or take any retaliatory action against a person or the county because of that entity's exercise of any right it may have under federal, state or local law, nor may the operator require a person or the county to waive such rights as a condition of taking service.

(b) Employment and Hiring Practices. A cable communications system operator shall not refuse to employ, discharge from employment or discriminate against any person in compensation or in terms, conditions or privileges of employment because of race, color, creed, national origin, sex, age, disability, religion, ethnic background or marital status. A cable system operator shall comply with all federal, state and local laws and regulations governing equal employment opportunities, and hiring practices, as the same may be amended from time to time.

(Ord. No. 4371, § 2)

(a) Persons Operating Without a Franchise. The operator of any facility installed as of the effective date of this chapter, for which a franchise is required under this chapter and for which a previous franchise has not been granted, shall have three months from the effective date of this chapter to file one or more applications for a franchise. Any operator timely filing such an application under this section shall not be subject to a penalty for failure to have such a franchise so long as said application remains pending; provided, however, nothing herein shall relieve any cable communications system operator of any liability for its failure to obtain any permit or other authorization required under other provisions of the Santa Barbara County Code, and nothing herein shall prevent the county from requiring removal of any facilities installed in violation of the Santa Barbara County Code.

(b) Persons Holding Franchises. Any person holding an existing franchise for a cable communications system may continue to operate under the existing franchise to the conclusion of its present term (but not any renewal or extension thereof) with respect to those activities expressly authorized by the franchise; and provided further that, such person shall be subject to the other provisions of this chapter to the extent permitted by law.

(c) Persons With Pending Applications. Pending applications shall be subject to this chapter. A person with a pending application shall have thirty days from the effective date of this chapter to submit additional information to comply with requirements of this chapter governing applications.

(Ord. No. 4371, § 2)

All county franchises previously granted by the County of Santa Barbara pursuant to this chapter (sections 43-1 through 43-39) shall remain in effect pursuant to the terms of that franchise unless otherwise amended, expired or cancelled by the county and until such time as those franchisees are in compliance with terms and procedures of the Digital Infrastructure and Video Competition Act of 2006 under authority of the California Public Utilities Commission. Notwithstanding this provision should it be determined by state or federal law, regulation or rule, that the county may enter into local franchises with providers of cable television, video services or other technological systems, the county reserves the right to issue such franchises.

(Ord. No. 4785, § 3, 4-19-2011)