Sierra County Municipal Code Ch. 6.12 Cable Television

Prior legislation: Ords. 397, 483, 512, 747; Prior code § 85117.

Upon application to the Clerk-Recorder of Sierra County, and payment of the appropriate fees, any person, corporation, partnership or joint venture may operate a cable television system for a period of 15 years from the date a franchise is issued in the unincorporated area of Sierra County. The right to operate a cable television system shall be evidenced by a resolution granting a nonexclusive franchise in accordance with the provisions of this chapter. (Ord. 747, eff. 8/17/89; Prior code § 6.12.010)

As a condition precedent to submitting any application for a franchise or franchise renewal, the franchisee shall pay to the county such application fees or fee deposits as are adopted or approved by the Board of Supervisors to cover reasonable costs of processing said application. The cost of the application process, in excess of any fee deposit, may be billed to the applicant, the payment of which may be made a condition of application approval.

In applying to transfer from a previously awarded franchise to a franchise under this chapter, an applicant shall not be entitled to a refund for any fees previously paid in connection with the issuance of the prior franchise. (Ord. 788, eff. 6/24/92)

Applicant shall submit with its application a map of the service area to which it proposes to provide cable television. The Board of Supervisors shall review the proposed service area and reserves the right to increase or decrease the proposed service area. The Board of Supervisors shall have the absolute right to define the area to be served prior to granting the franchise. No service area shall thereafter be decreased without the consent of the Board of Supervisors. Provision of cable television service within the designated service area shall not be required until the density requirements of SCC 6.12.240 are met. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

The Clerk-Recorder of Sierra County shall be the responsible administrator of the application process. Applicant shall file with the Clerk-Recorder an application setting forth the proposed system to be constructed and operated by it. The application shall contain all information requested by the Clerk-Recorder. When all of the necessary information has been submitted, the application shall be referred to the Board of Supervisors for approval. The Clerk-Recorder may require full description of the technical aspects of the system or may obtain consent from the applicant to abide by and conform to the technical specifications and system specifications recommended or required by other federal or state regulatory agencies. (Ord. 788, eff. 6/24/92)

Following award of a franchise under this chapter, the continuing administration of such franchise shall be the responsibility of that department manager or managers as set forth by resolution by the Board of Supervisors. (Ord. 788, eff. 6/24/92)

All cable television operators must comply with the following conditions:

A. The payment to Sierra County of an amount equal to five percent per annum of the gross revenue.

1. Gross revenue is defined as any and all compensation and other consideration in any form whatever received directly or indirectly by a franchisee from (a) subscribers or users in payment for television or FM radio signals, reception or service received within the unincorporated area of the county, whether said signals, reception or service is included within the term “basic subscriber service” or if an additional or premium charge is collected for said signals, reception or services; (b) any fees or income received by franchisee for carrying advertising or commercial messages over the CATV facilities; and (c) from any other subscriber for utilization of or connection to the CATV system of franchisee. Notwithstanding the above, gross annual receipts or gross revenue shall not include any taxes on services furnished by the franchisee and imposed directly on any subscriber or user by any city, state, or other governmental unit and collected by the franchisee for such governmental unit.

2. Said fees shall be paid to the Auditor quarterly not later than August 1st, November 1st, February 1st and May 1st for the preceding three-month period ending, respectively, June 30th, September 30th, December 31st, and March 31st. Not later than 60 days following the close of the fiscal year of the franchisee, each franchisee shall file with the Auditor a written statement by a certified public accountant which identifies in detail the sources and amounts of gross revenues received by the franchisee during the fiscal year. Any fee which is not paid when due shall incur a late charge of 10 percent. In addition, if fees (including any late charges) remain unpaid in excess of 30 days past the due date, then the franchise may be terminated in accordance with the provisions of this chapter.

3. No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim which Sierra County may have for further or additional sums payable under the provisions of this section.

B. The provision of adequate property damage and public liability insurance which amount shall be the sum of $1,000,000 but which amount shall, at county’s sole discretion, be subject to periodic revision. County will provide notice of any insurance increase and an opportunity to be heard to the franchisee. Operators shall maintain a certificate of insurance on file at all times during the operation of any cable television system naming the county as an additional insured. Said certificate of insurance shall be in a form approved by the office of the County Counsel and shall be filed with the Clerk-Recorder within 30 days of the granting of the franchise. Notice of cancellation or nonrenewal shall be provided to county by the insurance carrier 30 days in advance of such cancellation or nonrenewal.

C. The franchisee shall, within 30 days of the granting of the franchise, post and maintain a corporate surety bond or other adequate surety, in a form acceptable to the County Counsel. Such bond shall be in an amount acceptable to the Board of Supervisors at the time of issuance of the franchise but in no event less than $10,000. Said bond is subject to increase during the term of the franchise at such time as the Board of Supervisors in its sole discretion determines that the amount set is inadequate security. In considering any such bond increase, the Board of Supervisors shall take into account the reasonable estimate of the actual cost of repair or replacement of all county property affected by the grant of franchise hereunder in the event of abandonment of the franchise by the franchise.

Such surety shall remain in effect during the entire term of such franchise and thereafter until the franchisee shall have satisfied in full any and all obligations to the county which arise out of or pertain to said franchise. Said bond shall automatically be extended should any litigation which is subject to the franchisee’s duty to indemnify the county be pending upon the surety expiration date. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

Any franchise issued pursuant to the provisions of this chapter, shall:

A. Be for the purpose of utilizing the streets for the installation of cables, wires, lines, and other facilities in order to operate a cable television system.

B. Not authorize or be deemed to either expressly or impliedly permit the franchisee, except with the consent of the owners, to provide cable television service to, or install antennae, cables, wires, lines, towers, waveguides, other conductors, converters, or any other equipment or facilities upon private property, including, but not limited to, apartment complexes, condominiums, mobile home parks and residential subdivision developments with private roads. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

All transmission and distribution structures, poles, other lines, and equipment installed or erected by the franchisee pursuant to the terms hereof shall be so located so as to cause a minimum of interference with the proper use of public ways including all easements and with the rights and reasonable convenience of property owners who own property that adjoins any of said public ways. Franchisee shall obtain encroachment permits in accordance with the requirements of Sierra County ordinances. All encroachments shall be subject to proof of easements to be supplied by franchisee and to compliance with the encroachment requirements of any affected public or private entity, other than Sierra County. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

If during the course of franchisee’s construction, operation or maintenance of the cable system there occurs a disturbance of any public way or easement by franchisee or any other public property, franchisee shall, at its expense, replace and restore such public way or easement or any other public property to a condition reasonably comparable to the condition of the public way or easement or any other public property existing immediately prior to such disturbance.

After notice from the Department of Public Works and upon failure of the franchisee to commence, pursue or complete any work required by law or by the provisions of this chapter, the awarding resolution or any encroachment permit to be done in any street, within the time prescribed and to the satisfaction of the Department of Public Works, the Department of Public Works may, at its option, cause such work to be done and the franchisee shall pay to the county the cost thereof and the itemized amounts reported by the Department of Public Works to the franchisee, within 30 days after receipt of such itemized report. Failure to reimburse Sierra County for the acts set forth herein may result in termination of the franchise pursuant to the terms of this chapter in addition to any other remedy available at law or equity. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

Upon its receipt of reasonable advance notice, not to be less than five business days, the franchisee shall, at its own expense, protect, support, temporarily disconnect, relocate in the public way or easement, or remove from the public way or easement, any property of the franchisee when required by Sierra County’s Director of Public Works by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street width, grade, or other condition, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements by Sierra County; but, the franchisee shall in all cases have the right of abandonment of its property. If public funds are available to any company using such street easement or right-of-way for the purpose of defraying the cost of any of the foregoing, such funds shall also be made available to the franchise; provided, that the franchise shall have first priority to such funds if there is a public work project for which such funds may be utilized. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

The cable system and all work shall not unreasonably endanger or interfere with the safety of persons or property. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

In those areas of the service area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, the franchisee likewise shall construct, operate and maintain all of its transmission and distribution facilities underground. In those areas of the service area where the transmission or distribution facilities of the respective public utilities providing telephone communications, and electric services are both aerial and underground, franchisee shall have the sole discretion to construct, operate and maintain all of its transmission and distribution facilities, or any part thereof, aerially or underground. In the event that all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are placed underground after the effective date of the ordinance codified in this chapter, franchisee shall be required to construct, operate and maintain all of its transmission and distribution facilities underground at its own expense if it is given reasonable notice and access to the public utilities facilities at the time that such are placed underground. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

Any person, corporation, partnership or joint venture which has been awarded a franchise prior to the enactment of the ordinance codified in this chapter may continue to operate under the previously awarded franchise and all terms and conditions thereof until the expiration of the term thereof. However, any cable television system franchisee may apply to bring its operations under the regulation of this chapter by making a written application and by complying with all of the above terms and conditions. (Ord. 788, eff. 6/24/92)

The granting of a franchise shall not be construed as a waiver of compliance with other legal requirements and in particular of the land use jurisdiction of the county. Applicant shall, under all circumstances, be required to obtain all necessary approvals including, but not limited to, building permits and conditional use permits or other zoning and/or land use elements. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

A. Franchisee agrees to indemnify and hold harmless the county, its officers, boards, commissions, agents or employees, from and against any liability, judgment, decree or order, causes of action, damages or demands, specifically arising out of any negligent or wrongful acts or omissions of franchisee in connection with or under the franchise or the franchise resolution; provided, that neither franchisee nor the county shall make or enter into any compromise or settlement of any claim, demand, cause of action, suit or other proceeding, without first obtaining the written consent of the other, which consent shall not unreasonably be withheld. Nothing in this section shall be construed as indemnification of the county in violation of Cal. Civ. Code § 2782(b).

B. Notwithstanding the above, any franchisee electing to come under the terms of this chapter shall be bound by the indemnification provisions of this section together with any specific indemnification provisions contained in the resolution granting any such franchise; provided, however, that the specific indemnification provisions from any such earlier franchise will not be construed to limit the indemnification required under this chapter. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

By accepting a franchise issued by the county, the franchisee acknowledges that notice was given to the franchisee pursuant to Cal. Rev. & Tax. Code § 107.6 that use or occupancy of any public property pursuant to the authorization set forth in the franchise may create a possessory interest which may be subject to the payment of property taxes levied on such interest. The franchisee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against the franchisee’s right of possession, occupancy or use created by the franchise. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

No more than 49 percent of franchisee’s right, title, or interest in the franchise shall be sold, transferred, assigned or otherwise encumbered without the prior consent of Sierra County, such consent not to be unreasonably withheld. An application for consent to transfer shall contain the same information as is required for a new franchise and transferee shall be subject to the same terms and conditions as the transferor franchise. Written acknowledgment and acceptance of the terms of this franchise and chapter and proof of insurance shall be submitted prior to obtaining the resolution of consent.

No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of franchisee in the franchise or cable system in order to secure indebtedness, but notice of such mortgage shall be provided to the Clerk-Recorder by the secured party taking any such hypothecation within 30 days of any such hypothecation. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

The provisions of this chapter constitute minimum standards for any cable television system installed pursuant to the provisions of this chapter. Higher standards and additional requirements for any franchise issued hereunder may be established by other franchise documents applicable to each franchise by mutual agreement. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

Unless otherwise specifically exempted in writing each cable television system shall, at minimum:

A. Relay to subscriber terminals those broadcast signals required by the FCC;

B. Possess channel capacity of 35 channels;

C. Distribute in color all television signals which it received in color;

D. Make available by sale or lease upon request by any subscribers receiving channels showing first-run movies and special entertainment events a key-lock device which prevents the unauthorized viewing of such channels. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)

The cable television system authorized under the initial franchise shall include, and the franchisee shall make available at its sole expense, at least one community access channel. “Community access channel” is defined as a cable casting system for use by citizens or private nonprofit organizations to broadcast programming of scientific, cultural, charitable, social, civic, political or artistic interest.

When the above channel is not in use for its primary purpose, franchisee may use it in whatever means it wishes.

During the term of the franchise, the franchisee shall, at its sole expense, also provide equipment as required in order to maintain continuing capacity for program production commensurate with the demand to use the community access channel and shall, at its sole expense, maintain all equipment and channels in good condition and repair.

The franchisee shall also provide maintenance technical assistance including but not limited to instruction in the use of this equipment.

For purposes of this section only, “community” shall include other public entities within or contiguous to the service area within Sierra County such that one access channel and related equipment may be shared amongst them. (Ord. 747, eff. 8/17/89)

Each franchisee shall construct, install and maintain its cable television system in a manner consistent and in compliance with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards and detailed standards set forth in the franchise documents. Each franchisee shall provide to the Director of Public Works, upon request, written reports of the franchisee’s annual proof of performance tests conducted pursuant to FCC standards and requirements. (Ord. 747, eff. 8/17/89)

The franchisee shall maintain constant vigilance with regard to possible abuses of the privacy or constitutional rights of any subscriber, programmer, or citizen resulting from any device, signal, or service associated with the system. The franchisee shall not utilize any capability of the system for acquisition of information not a normal part of a franchiser-approved service. (Ord. 747, eff. 8/17/89)

No equipment owned by the franchisee shall be installed by the franchisee without first securing the written permission of the owner or occupant of any premises involved. If such permission is later revoked, the franchisee shall remove forthwith any of its equipment which is both visible and movable and promptly restore the premises to their original condition. Any such permission must be consistent with all applicable county approval of land use, building and zoning regulations. (Ord. 747, eff. 8/17/89)

The cable television system shall be constructed and installed within the entirety of each service area and basic service shall be made available to all dwelling units within each service area within the times set forth in the resolution awarding the franchise. Any delay which is not excused by an act of God or other obstacles beyond franchisee’s control shall be grounds for imposition of liquidated damages.

Unless otherwise exempted in writing, public access use provided for in this chapter and specified in the franchise document shall be completed and available for use not later than two years from the date of granting of the franchise. (Ord. 747, eff. 8/17/89)

A. Any franchisee shall extend service to areas which are contiguous to the designated service areas (as set forth in the resolution awarding the franchise), whenever the density of such contiguous areas reaches a level of 40 units per road mile or portion thereof. Such contiguous areas shall then be considered, for all purposes and intent under this chapter, to be incorporated into the initial service areas of the franchise.

B. Any franchisee shall extend service to all other areas whenever requested to do so by residents who are willing to pay the cost of such extension of service. Any such line extensions shall be made pursuant to written contract between franchisee and resident.

C. Any applicant for a franchise may propose in its application line extension provisions under which greater service would be provided than prescribed above. In the event of any inconsistency between the line extension provisions prescribed above, and the express terms in other franchise documents, the provisions in the other franchise documents shall prevail if the issuing authority has found that the provisions in the other franchise documents will better serve the needs of the public and promote the public interest. (Ord. 747, eff. 8/17/89)

A. Notice of Violation. In the event that the franchising authority believes that the grantee has not complied with the terms of the franchise, it shall notify grantee of the nature of the alleged noncompliance.

B. Grantee’s Right to Cure or Respond. Grantee shall have 10 days from receipt of the notice described in subsection (A) of this section, notice of violation, to (1) respond to the franchising authority contesting the assertion or noncompliance, or (2) to cure such default or, in the event that, by the nature of default, such default cannot be cured within the 10-day period, initiate reasonable steps to remedy such default and notify the franchising authority of the steps being taken and the projected date that they will be completed.

C. Public Hearing. In the event that grantee fails to respond to the notice described in subsection (A) of this section pursuant to the procedures set forth in subsection (B) of this section, or in the event that the alleged default is not remedied within 20 days after the grantee is notified of the alleged default pursuant to subsection (A) of this section, the franchising authority shall schedule a public meeting to investigate the default. Such public meeting shall be held at a regularly scheduled or special meeting of the franchising authority which meeting is scheduled at a time which is no less than 20 business days therefrom. The franchising authority shall notify the grantee of the time and place of such meeting and provide the grantee with an opportunity to be heard. (Ord. 747, eff. 8/17/89)

A. In the event of default or breach, the Board of Supervisors may exercise any of the following remedies:

1. Termination and forfeiture of the franchise in the event of a material breach or default under the terms of the franchise;

2. Commencement of an action at law for monetary damages or equitable relief;

3. Seek specific performance of any provision which reasonably lends itself to such remedy;

4. Foreclose on all or any part of any security provided under this franchise, if any, including, without limitation, any bonds or other surety;

5. Conduct repair work pursuant to SCC 6.12.080 and impose a lien on franchisee’s assets under the franchise.

B. Acts of God. The grantee shall not be held in default or noncompliance with the provisions of the franchise, nor suffer any enforcement or penalty relating thereto, where such noncompliance or alleged defaults are caused by strikes, acts of God, power outages, or other events reasonably beyond its ability to control. (Ord. 747, eff. 8/17/89)

Upon termination of a franchise, the franchisee, at its sole expense, shall, unless relieved of the obligation by the county, remove all elements. The franchisee shall apply for permits, licenses, authorizations or other approvals and pay such fees and deposit such security as required by applicable ordinance of the county, shall conduct and complete the work of removal in compliance with all such applicable ordinances, and shall restore the streets to the same condition they were in before the work of removal commenced. The work of removal shall be completed not later than 90 days following the date of expiration of the franchise. (Ord. 747, eff. 8/17/89)

No franchisee shall permit its cable television system to interfere with television reception of persons not served by the franchisee in accordance with standards set by the Federal Communications Commission. Nor shall any system interfere with, obstruct or hinder in any manner the operation of the various utilities serving Sierra County. The franchises shall at all times maintain high quality transmission to all persons served by the franchisee. (Ord. 747, eff. 8/17/89)

Each franchisee shall continue throughout the term of the franchise to maintain the technical standards and quality of service set forth in the franchise documents for that franchise (including but not limited to the application and awarding resolution) and as required by the Federal Communications Commission. (Ord. 747, eff. 8/17/89)

During the term of each franchise, the franchisee shall maintain its cable television system in good condition and repair, render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. (Ord. 747, eff. 8/17/89)

Unless otherwise specifically exempted in writing, each franchisee shall maintain at least one business office and repair center within Sierra County unless specifically authorized to do otherwise in the franchise document. Capacity shall be maintained to receive and record service calls for maintenance and repairs seven days per week, 24 hours per day, including legal holidays.

The business office and repair center shall be reachable by local toll-free telephone, and the telephone number or numbers shall be listed in all directories published by the telephone company serving the franchise area containing telephone numbers within Sierra County.

Each franchisee shall promptly respond to, investigate, and resolve complaints. Necessary maintenance or repairs shall be made expeditiously, permitting as little interruption of service as possible. No direct charge shall be made to subscribers for service unless the disruption of service was a direct result of the subscriber’s fault or abuse. (Ord. 747, eff. 8/17/89)

Prior to any installation or delivery of services franchisee shall obtain from all subscribers a signed written order for service. Said order (or other available materials which shall be provided to subscriber prior to the execution of any subscription order) shall describe in detail all charges for installation and services, the method of payment and schedule of payment, and any grace periods, late charges, or any other information which will effect the total amount subscriber is to be charged. (Ord. 747, eff. 8/17/89)

It shall be the right of all subscribers, subject only to reasonable terms and conditions established by a franchisee or the Board of Supervisors, to receive and continue to receive basic service. (Ord. 747, eff. 8/17/89)

A. Subscriber Termination. When a subscriber voluntarily discontinues services, franchisee shall refund the unused portion of any advance payments after deducting any charges currently due. Unused payment portions shall be the percentage of time for which subscriber has paid for service beyond the current month and will not receive it because of his discontinuation of service. Installation charges shall not be deemed to have constituted prepayment for one month of service and shall not be subject to refund unless otherwise authorized by the franchisee. This provision applies to both basic services and premium services.

If any subscriber terminates any monthly service during the first 12 months of said service because of the failure of the franchisee to render the service in accordance with the standards set forth in the franchise, the franchisee shall refund an amount equal to the installation or reconnection charges multiplied by the fraction of the 12-month period for which the subscriber will not be receiving service.

B. Franchisee’s Failure to Perform. The franchisee shall rebate on services ordered and payments received to the subscriber a pro rata share of its monthly charges for both basic and premium services in the event that service is disrupted for a total period of 72 hours within one month. A service disruption shall mean either a total service outage to the subscriber on all channels, or the outage of at least 25 percent of the channels to a given subscriber. Subscriber must notify franchise of any such disruption of service, and franchise has 24 hours to correct any disruption. The subscriber shall be entitled to a rebate of its monthly charges received based upon the ratio of the total number of days of interrupted service within a month divided by the number of days in the month. (Ord. 747, eff. 8/17/89)

Franchisee may disconnect a subscriber only for cause, which shall be limited to:

A. Payment delinquency in excess of 30 days;

B. Willful damage to or misappropriation of franchisee’s property;

C. Express refusal, for more than two business days, to admit franchisee to the subscriber’s premises to service franchisee’s equipment;

D. Substantial evidence of monitoring, tapping, or tampering with franchisee’s system, signals, or services. (Ord. 747, eff. 8/17/89)

A. Subject only to any limitations in its franchise, franchisee shall promptly provide and maintain service to all structures in the service area upon request of the lawful occupant or owner.

B. Franchisee shall advise each subscriber that he or she has the right to require his or her installation be done over any route on his or her property, to any location within any building thereon, and in any manner he may elect, which is technically and practically feasible. Franchisee may, if he or she so elects, require that any such request may be made in writing. Franchisee may provide in its schedule of fees for an amount to cover nonstandard drops. (Ord. 747, eff. 8/17/89)

A. During the term of any franchise issued pursuant to the provisions of this chapter, each franchisee shall, not less frequently than annually, file a written report with the Clerk-Recorder. The report shall be filed not later than 90 calendar days after the end of the franchisee’s fiscal year. The report shall include the following:

1. A summary of the activities of the franchisee during its previous fiscal year in the development and operation of the cable television system, including a description of all services provided as of the conclusion of the fiscal year; a statement of the number of subscribers by category of services rendered as of the end of the fiscal year, and a summary of public access use;

2. A statement of all income received by the franchisee during its previous fiscal year, including an itemization of all services provided, the rates or charges for such services, and the amount of income received attributable to each service, and all other income from whatever sources, including an identification of each source and the amount of income attributable thereto;

3. Financial statements for the franchisee’s previous fiscal year signed by a certified public accountant, including a balance sheet and profit and loss statement; and

B. A franchisee shall prepare and furnish to the Board of Supervisors, at the times and in the form prescribed by the Board, such other reports with respect to its operations, affairs, transactions, or property, as the Board may deem necessary or appropriate to the performance of its functions. (Ord. 747, eff. 8/17/89)

The books and all financial records reasonably related to enforcing the franchise shall be available for inspection by authorized representatives of Sierra County upon reasonable notice. No later than one year following the date of the granting of the franchise issued pursuant to the provisions of this chapter, the County Auditor or his/her designee shall conduct an audit of the books, accounts, and financial records of the franchisee for the purpose of ascertaining whether or not the accounting system of the franchisee is sufficient to adequately identify financial information concerning the operations and activities of the franchisee to permit administration of the franchise under the provisions of this chapter. Upon completion of the audit, the Auditor shall file a written report with the Clerk of the Board and shall mail copies thereof to the franchisee. The report shall contain a description of the franchisee’s accounting system, and description of such changes in the accounting system, as the Auditor deems necessary to permit adequate administration of the franchise under the provisions of this chapter. The franchisee shall make a reasonable effort to implement all changes in its revenue reporting system recommended by the Auditor’s report.

During the term of each franchise, the County Auditor or his/her designee shall, not more frequently than once each year and not less frequently than once at the conclusion of each three-year period, conduct an audit of the books, records and accounts of the franchisee for the purpose of determining whether the franchisee has paid franchisee fees in the amounts prescribed. The audit may be conducted by the County Auditor or by an independent certified public accounting firm retained by the Auditor, and shall be conducted at the sole expense of the county. The party conducting the audit shall prepare a written report containing its findings, and the report shall be filed with the Clerk of the Board of Supervisors and mailed to the franchisee.

Notwithstanding the foregoing, the Board may conduct such an audit at any time. The cost of such an audit so requested shall be borne by and at the sole expense of the county. The report of the audit shall be filed as prescribed above.

At any time during the term of a franchise, the Board of Supervisors may, through the County Auditor or a certified public accounting firm which it retains, and at its sole expense, conduct an audit of the books, records, and accounts of the franchisee for the purpose of identifying any information which the Board of Supervisors deems necessary to obtain for the purpose of administering the franchise under the provisions of this chapter. A written report of such audit shall be filed with the Clerk of the Board of Supervisors, and mailed to the franchisee. The franchisee shall comply with any recommendations or directives set forth in such report respecting changes in its revenue reporting system. (Ord. 747, eff. 8/17/89)

All rates shall be published and nondiscriminatory, and be uniform to all persons and organizations of like classes, under similar circumstances and conditions. The published rates shall include installation and other charges for basic service, and additional services, and may include special rates for large institutions, motels, multiple-family dwelling units, or any other type of subscriber. Nothing shall prohibit the reduction or waiving of charges for the purpose of attracting subscribers, nor the granting of reduced rates to nonprofit institutions, or the establishment of a graduated scale of charges and rates which vary with volume of usage to which any person or entity included within a particular classification shall be entitled. (Ord. 747, eff. 8/17/89)

To the extent permitted under the Cable Communications Policy Act (P.L. 98-549), 47 U.S.C. §521-611 and regulations promulgated thereunder, no establishment of or increase in rates charged to subscribers by a franchisee is permitted without prior written approval of the Board of Supervisors, following a noticed public hearing on any proposed rate or rate increase.

No franchisee shall have any recourse whatsoever against the county, or their officers, agents, or employee for any loss, costs, expense, or damage arising out of or resulting from any provision or requirement of the franchise documents or any rule, regulation, requirement, or directive promulgated thereunder, and generally consistent therewith, or because of the enforcement of any provision of the franchise document or any rule, regulation, requirement, or directive promulgated thereunder, or in the event any provision of the franchise documents or any rule, regulation, requirement, or directive promulgated thereunder is determined to be invalid. (Ord. 747, eff. 8/17/89)

A franchisee shall not be relieved of any obligation to comply with any of the provisions of the franchise documents or any rule, regulation, requirement, or directive promulgated thereunder by reason of any failure of the county or their officers, agents, or employees to enforce prompt compliance. (Ord. 747, eff. 8/17/89)

A. At all reasonable times the franchisee shall permit examination by any duly authorized representative of the county of all franchise property located within the county. The franchisee shall also permit any duly authorized representative of the county to examine and transcribe any and all maps and other records kept or maintained by the franchisee or under its control concerning the operations, affairs, transactions, or property of the franchisee.

B. The franchisee shall provide at its own expense copies of its records as requested by the county. (Ord. 747, eff. 8/17/89)

In the event that the franchisee’s performance of any of the terms, conditions, obligations or requirements of this chapter is prevented or impaired due to any cause(s) beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof. (Ord. 747, eff. 8/17/89. Formerly 6.12.430)

A. In the event that any franchisee serves or anticipates serving fewer than 500 customer connections, it may upon application receive exemption from all or any portion of provisions SCC 6.12.180, 6.12.190, 6.12.230, and 6.12.300 at the discretion of the Board of Supervisors upon a finding that the needs of the public are being or will be adequately served and public interests are being or will be adequately protected.

B. Eligibility to Apply for Exemption.

1. Fewer than 500 subscribers; and

2. The franchise complies with all applicable planning, building and zoning ordinances and all FCC rules and regulations. (Ord. 788, eff. 6/24/92. Formerly 6.12.440)

A. In the event that any cable T.V. service (“service”) meets the following criteria, it may upon application, receive exemption from any or all of the provisions of this chapter at the discretion of the Board of Supervisors upon a finding that the needs of the public are being or will be adequately served and public interests are being or will be adequately protected.

B. Eligibility to Apply for Exemption.

1. Fewer than 250 subscribers; and

2. No less than one-third of the subscribers are also owners of the service; and

3. The service is operated on a nonprofit basis and no portion of the revenues derived from operation of the service inures to the benefit of any owner, officer or director of the service other than as shared by all subscribers equally; and

4. The assets of the service are irrevocably dedicated to nonprofit purposes and no portion of the assets on liquidation or sale will inure to the benefit of any owner, officer, or director of the service on any basis differently from that of all subscribers; and

5. Rates charged to nonowners of the service do not exceed rates charged to owners by more than 25 percent; and

6. The service complies with all applicable planning, building and zoning ordinances, and all FCC rules and regulations. (Ord. 788, eff. 6/24/92. Formerly 6.12.450)