Santa Clara County Municipal Code Art. 5 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. NS-905, § 2, 12-13-05)

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. NS-905, § 2, 12-13-05)

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. NS-905, § 2, 12-13-05)

(a) 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 communications system. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment.

(b) A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna or satellite dish, or disconnect an antenna or satellite dish except at the express direction of the subscriber or potential subscriber, or prohibit installation of a new antenna or connection to any other multi-channel video provider's system.

(c) Subject to the foregoing, it shall be unlawful for any person to make any unauthorized connection, whether physically, acoustically, inductably or otherwise, with any part of a franchisee's cable communications system or facilities, with the intent of enabling the reception of any service for which the person has not paid or is not otherwise authorized to receive.

(Ord. No. NS-905, § 2, 12-13-05)

(a) 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 person'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) 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, marital status or sexual orientation. A cable communications 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. NS-905, § 2, 12-13-05)

(a) The operator of any cable communications system installed as of the effective date of this chapter, for which a franchise is required under this chapter, 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 Clara County Code, and nothing herein shall prevent the County from requiring removal of any facilities installed in violation of the Santa Clara County Code.

(b) 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) Pending applications shall be subject to this chapter. A person with a pending application shall have 30 days from the effective date of this chapter to submit additional information to comply with the requirements of this chapter governing applications.

(Ord. No. NS-905, § 2, 12-13-05)