Siskiyou County Municipal Code Ch. 5 Community Antenna Television System

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "CATV" shall mean a community antenna television system as defined in subsection (c) of this section.

(b) "County" shall mean the County of Siskiyou.

(c) "Community antenna television system" shall mean any facility which receives, modifies, or originates television, FM radio, or other electrical signals for the purpose of transmitting or distributing such signals by wire, cable, or other means to subscribing members of the public or to selected customers.

(d) "Franchise" shall mean and include any authorization granted in terms of a franchise, privilege, permit, license, or otherwise to construct, operate, and maintain a CATV system in the County. Such authorization shall not include any license or permit required for the privilege of transacting and carrying on a business within the County in accordance with the business licensing provisions set forth in Chapter 1 of this title.

(e) "Grantee" shall mean the person to whom or which a franchise is granted pursuant to this chapter and the lawful successor, transferee, or assignee.

(f) "Gross annual receipts" shall mean income to the grantee of any kind and from any source whatsoever, if such income is derived from the grantee's operations under the franchise. "Gross annual receipts" shall not include any tax imposed directly on any subscriber by any governmental unit and collected by the grantee for such governmental unit.

(g) "Person" shall mean and include any domestic or foreign corporation, firm, association, syndicate, joint-stock company, partnership of any kind, joint venture, club, business or common-law trust, society, or individual.

(h) "Property of the grantee" shall mean the property owned, installed, or used by a grantee in the conduct of a CATV business in the County under the authority of a franchise granted pursuant to this chapter.

(i) "Street" shall mean the surface of, and the space above and below, any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, or drive now or hereafter existing within the County.

(j) "Subscriber" shall mean any person using or receiving for any purpose the CATV service of a grantee.

(§ I, Ord. 884, eff. May 26, 1979)

A nonexclusive franchise to construct, operate, and maintain a CATV system within all or any portion of the County may be granted by the Board to any person, whether operating under an existing franchise or not, offering to furnish and provide such system under the terms of this chapter. No provision of this chapter shall require the granting of a franchise when, in the opinion of the Board, it is in the public interests not to grant a franchise or to restrict the number of grantees to one or more.

(§ I, Ord. 884, eff. May 26, 1979)

A franchise granted pursuant to this chapter shall confer no right other than to maintain a CATV system or the rights set forth by the Board in its resolution granting the franchise.

(§ I, Ord. 884, eff. May 26, 1979)

(a) The term of the franchise shall be as set forth by the Board in its resolution granting a franchise.

(b) Any such franchise granted hereunder may be terminated by the Board prior to the stated date of expiration in the event the County acquires the CATV system property of the grantee or in the event the Board shall have found, after ten (10) days' notice of a hearing regarding any proposed termination, that:

(1) The grantee has failed to comply with any provision of this chapter or any condition of the resolution granting the franchise; or

(2) Any provision of this chapter, or any provision of any franchise issued hereunder, has become illegal or is held invalid or unenforceable, and the Board finds that such provision constitutes a consideration material to the granting of the franchise.

(§ I, Ord. 884, eff. May 26, 1979)

(a) A grantee granted a franchise shall pay to the County, during the life of such franchise, a franchise payment in such amounts and at such times and places as are provided in the resolution granting the franchise.

(b) Within thirty (30) days after the expiration of each calendar year during which the franchise or license is in force, the grantee shall file a financial statement, prepared by a certified public accountant or a person otherwise satisfactory to the Board, showing in detail the gross annual receipts of the grantee during its preceding calendar year. The accountant who prepares the financial statement shall independently sample the recorded receipts to assure himself that the records are complete and shall certify as to their accuracy. The County may inspect the grantee's records from which its franchise payments are computed and may audit and recompute the amounts paid hereunder. The acceptance of payment shall not be a release or an accord and satisfaction of any claim the County may have for further sums payable or for the performance of any other obligation.

(c) In the event of a holding over after the expiration or other termination of a franchise granted hereunder, without the prior consent of the County expressed by resolution, the grantee shall pay to the County reasonable compensation and damages of not less than 100% of the total gross profits of the grantee during such period.

(§ I, Ord. 884, eff. May 26, 1979)

(a) A franchise granted under this chapter shall be nonexclusive.

(b) No privilege or exemption shall be granted or conferred by any franchise granted under this chapter, except those prescribed in this chapter.

(c) Any privilege claimed under a franchise by the grantee in any street or other public property shall be subordinate to a prior lawful occupancy of the streets or other public property.

(d) The franchise shall be a privilege to be held in personal trust by the original grantee. It shall not be sold, transferred, leased, assigned, or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation, or otherwise, without the prior consent of the Board expressed by ordinance, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the County Administrator within thirty (30) days after such transfer or assignment.

(e) Time is of the essence of a franchise granted pursuant to this chapter The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter by any failure of the County to enforce prompt compliance.

(f) Any right or power in, or duty impressed upon, an officer, employee, department, or board of the County shall be subject to transfer to any other officer, employee, department, or board of the County.

(g) The grantee shall have no recourse against the County for loss, cost, expense, or damage arising out of any provision or requirement of this chapter or of any franchise issued hereunder or because of its enforcement.

(h) The grantee shall be subject to all the requirements of pertinent Federal and State laws, rules, and regulations, as well as County laws, rules, regulations, and specifications heretofore or hereafter enacted or established.

(i) The franchise shall not relieve the grantee of an obligation involved in obtaining pole space from a department of the County, utility company, or from others maintaining poles in streets.

(j) The franchise shall be in lieu of all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee, or a successor to any interest of the grantee, of or pertaining to the construction, operation, or maintenance of any CATV system in the County; and the acceptance of a franchise shall operate as between the grantee and the County as an abandonment of all such rights, privileges, powers, immunities, and authorities within the County to the effect that, as between the grantee and the County, all construction, operations, and maintenance by the grantee shall be in all instances and respects under such franchise and not under any other right, privilege, power, immunity or authority whatsoever.

(k) Nothing contained in the granting of a franchise shall be construed to require the County to expend any funds, obtain any property, or incur any liability or obligation. Further, the grantee shall release and hold the County harmless from any and all claims, actions, causes of action, or liability which the County may incur as a result of the granting of such franchise or license and further shall agree to indemnify the County for any loss, damage, or liability which the County may incur as a result of the granting of such franchise or license.

(§ I, Ord. 884, eff. May 26, 1979)

(a) The County may acquire, at the cost of reproduction, the CATV system and franchise of a grantee at any time. For the purposes of this subsection, "cost of reproduction" shall mean the cost of replacing or reproducing the CATV system, which shall not include any amount for the franchise itself or for any of the rights or privileges granted therein, less whatever depreciation or obsolescence the system has suffered.

(b) Nothing in this chapter shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the County's right of eminent domain.

(c) There is reserved to the County every right and power which is required to be reserved or provided by the charter or any law of the County, and the grantee, by its acceptance of a franchise, shall agree to be bound thereby and to comply with any action or requirement of the County in its exercise of such right or power heretofore or hereafter enacted or established.

(d) Neither the granting of a franchise nor any of the provisions contained in this chapter shall be construed to prevent the County from granting any identical, or similar, franchise to any other person, firm, or corporation within all or any portion of the County.

(e) There is reserved to the County the power to amend any section or part of this chapter so as to require additional bonding or insurance or greater standards of construction, operation, maintenance, or otherwise on the part of the grantee at any time.

(f) Neither the granting of a franchise nor any provision of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the County.

(g) The Board may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The County Administrator is authorized to prescribe rules and regulations and to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the County, the grantee, or any subscriber, in the best interests of the public. Upon the request of the County Administrator, the grantee shall make or provide, or allow and bear the expense of making or providing, the tests, investigations, or reports necessary to establish, to the satisfaction of the County Administrator, compliance with all the terms and conditions of this chapter. A person aggrieved by a decision of the County Administrator may appeal the matter to the Board for a hearing and determination. The Board may accept, reject, or modify the decision of the County Administrator, and the Board may adjust, settle, or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter.

(h) The County reserves the right to terminate the license or franchise granted pursuant to this chapter at its sole discretion. The County shall have the sole right to make a determination as to whether the system is satisfactorily performing.

(§ I, Ord. 884, eff. May 26, 1979)

(a) Each application for a franchise to construct, operate, or maintain any cable television system in the County shall be filed with the County Clerk and shall contain or be accompanied by the following:

(1) The name, address, and telephone number of the applicant; and

(2) A detailed statement of the corporate or other business entity organization of the applicant, including, but not limited to, the following and to whatever extent required by the County:

(i) The names, residence, and business addresses of all officers, directors, and associates of the applicant;

(ii) The names, residences, and business addresses of all officers, persons, and entities having, controlling, or being entitled to have or control five (5%) percent or more of the ownership of the applicant and the respective ownership share of such person or entity;

(iii) The names and addresses of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling the applicant in whole or in part or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including, but not limited to, cable television systems owned or controlled by the applicant and its parent and subsidiary and the areas served thereby;

(iv) A detailed description of all previous experience of the applicant in providing cable television system services and in related or similar fields;

(v) A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the Board, setting forth the basis for a study performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the County, or a statement from a certified public accountant certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system in the County; and

(vi) A statement identifying, by place and date, any other cable television franchise awarded to the applicant or its parent or subsidiary; the status of such franchise with respect to the completion of such system; and the amount of the applicant's and its parent's or subsidiary's resources committed to the completion thereof;

(b) A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:

(1) A detailed map indicating all areas proposed to be served and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served;

(2) A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of such classifications, including installation charges and service charges;

(3) A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant; and

(4) A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the applicant and any person, firm, or corporation which materially relate or pertain to or depend upon the application and the granting of the franchise;

(c) Any other details, statements, information, or references pertinent to the subject matter of such application which shall be required or requested by the Board or by any provision of any other law of the County;

(d) An application fee in the amount set forth by the Board pursuant to resolution shall be paid at the time of making the application;

(e) The Board, upon receiving an application, shall set a date for a hearing on the application and for making a determination with regard to the application; and

(f) In making any determination hereunder as to any application, the Board may give due consideration to the quality of the service proposed, the rates to subscribers, the income to the County, the experience, character, background, and financial responsibility of any applicant and its management and owners, the technical and performance quality of equipment, the willingness and ability to meet construction and physical requirements and to abide by policy conditions, franchise limitations, and requirements, and any other consideration deemed pertinent by the Board for safeguarding the interests of the County and the public. The Board, in its discretion, shall determine the award of any franchise on the basis of such considerations and without competitive bidding.

If the Board shall determine to reject such application, such determination shall be final and conclusive, and the same shall be deemed rejected.

If the Board shall determine to consider or award the application, the Board shall decide and specify the terms and conditions of any franchise to be granted.

(§ I, Ord. 884, eff. May 26, 1979)

Upon being granted a franchise and upon the filing of the acceptance required by Section 6-5.12 of this chapter, the grantee shall file with the County Clerk and shall thereafter, annually, during the entire term of such franchise, maintain in full force and effect a corporate surety bond or other adequate surety agreement in such amount and kind as shall have been approved by the Board. The bond or agreement shall be so conditioned that in the event the grantee shall fail to comply with any one or more of the provisions of this chapter or of such franchise, there shall be recoverable jointly and severally from the principal and surety any damage, loss, or costs suffered or incurred by the County as a result thereof, including attorneys' fees and costs of any action or proceeding, and including the full amount of any compensation, indemnification, cost of removal or abandonment of any such property, or other costs which may be in default, up to the full principal amount of such bond. Such condition shall be a continuing obligation during the entire term of such franchise and thereafter until the grantee shall have satisfied in full any and all obligations to the County which arise out of or pertain to such franchise. Neither the provisions of this section, nor any bond accepted by the County pursuant hereto, nor any damages recovered by the County thereunder shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued pursuant to this chapter or for damages, either to the full amount of the bond or otherwise.

(§ I, Ord. 884, eff. May 26, 1979)

The grantee shall indemnify and hold harmless the County and its officers, boards, commissions, agents, and employees against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages (including, but not limited to, damages to County property, damages arising out of copyright infringements, and damages arising out of any failure by the grantee to secure consents from the owners, authorized distributors, or licensees of programs to be delivered by the grantee's cable television system), costs, or liabilities (including costs or liabilities of the County with respect to its employees) of every kind and nature whatsoever, including, but not limited to, damages for injury or death or damages to persons or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, cost, and expense resulting or arising out of any of the same, including any attorneys' fees, accountants' fees, expert witness or consultant fees, court costs, per diem expenses, traveling and transportation expenses, or other costs or expenses arising out of or pertaining to the exercise or the enjoyment of any franchise hereunder by the grantee or the granting thereof by the County.

The grantee, at the sole risk and expense of the grantee, upon the demand of the County made by and through the County Counsel, shall appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative, or otherwise, brought or instituted or had by third persons or duly constituted authorities, against or which affect the County and its officers, boards, commissions, agents, or employees and arising out of or pertaining to the exercise or the enjoyment of such franchise or the granting thereof by the County.

(§ I, Ord. 884, eff. May 26, 1979)

Upon being granted a franchise, and upon the filing of the acceptance required by Section 6-5.12 of this chapter, the grantee shall file with the Clerk of the Board and shall thereafter during the entire term of such franchise maintain in full force and effect at its own cost and expense policies of insurance covering general comprehensive liability insurance in an amount to be set and acceptable to the Board, naming the County as an additional insured and containing a standard cross liability endorsement if applicable.

(§ I, Ord. 884, eff. May 26, 1979)

(a) No franchise granted under this chapter shall become effective for any purpose unless and until written acceptance thereof shall have been filed with the County Clerk. Written acceptance, which shall be in the form and substance approved by the County Counsel, shall also be and operate as an acceptance of each and every term and condition and limitation contained in this chapter, or in such franchise, or otherwise specified as provided in this chapter.

(b) The written acceptance shall be filed by the grantee not later than 12:01 p.m. of the fortieth (40th) day next following the effective date of the ordinance granting such franchise.

(c) In default of the filing of such written acceptance as required by this section, the grantee shall be deemed to have rejected and repudiated the franchise. Thereafter, the acceptance of the grantee shall not be received nor filed by the County Clerk. The grantee shall have no rights, remedies, or redress in the premises, unless and until the Board, by resolution, shall determine that such acceptance be received or filed, and then upon such terms and conditions as the Board may impose.

(d) In any case, and in any instance, all rights, remedies, and redress in these premises which may or shall be available to the County shall at all times be available to the County, shall be preserved and maintained and shall continuously exist in and to the County, and shall not be in any manner or means modified, abridged, altered, restricted, or impaired by reason of any of these premises or otherwise.

(e) Any franchise granted and accepted under this chapter shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee of or pertaining to the construction, operation, or maintenance of any cable television system in the County.

(§ I, Ord. 884, eff. May 26, 1979)

All rates and charges for the services to be provided pursuant to this chapter shall be as established and fixed by the County.

(§ I, Ord. 884, eff. May 26, 1979)

At all reasonable times, the grantee shall permit an authorized representative of the County to examine all property of the grantee, together with appurtenant property of the grantee situated within or without the County, and to examine and transcribe maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions, property, or financial status of the grantee with respect to its franchise. If maps or records are not kept in the County, or upon reasonable request made available in the County, and if the Board determines that an examination is necessary or appropriate, all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the grantee.

(§ I, Ord. 884, eff. May 26, 1979)

The CATV system shall be operated and maintained in accordance with the highest and best accepted standards of the industry to the effect that the subscribers shall receive the best possible service, and the grantee shall employ sufficient personnel, properly trained, to comply with such standards and any additional standards which may be promulgated by the appropriate governmental entities. The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during the periods of the minimum use of the system.

(§ I, Ord. 884, eff. May 26, 1979)

It shall be unlawful for any person to make any connection with or use any part of a franchised CATV system without the authorization of the owner.

(§ I, Ord. 884, eff. May 26, 1979)

It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove, or injure any component of a franchised CATV system.

(§ I, Ord. 884, eff. May 26, 1979)