Taft Municipal Code Ch. 11 Cable Communications Systems

Any person operating, or seeking to operate, a cable communications system, also known as a community antenna television system (CATV) business within the City, the nature of which requires approval of the City Council of a franchise contract, shall be subject to all of the regulations contained herein or in any other applicable ordinances of the City. (Ord. 476, 10-25-1983)

For the purposes of this Chapter, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

CITY: The City of Taft, a municipal corporation of the State of California, in its present incorporated form or in any latter reorganized, inconsolidated, enlarged or reincorporated form.

CITY MANAGER: The chief administrative officer, City Manager, City Administrator, or other designation of the City's chief executive officer, or any designee thereof.

COMMUNITY ANTENNA TELEVISION SYSTEM (CATV): A system of antenna, satellite receiving and transmitting apparatus, coaxial cables, fiber optics, wires, wave guides, and/or other conductors, amplifiers, electronic processors, equipment and facilities designed, constructed or used for the purpose of providing over the air satellite delivered and locally originated television or FM radio service by cable within the City of Taft. Such a definition does not include those services which are classified as MDS (Multiple Distribution Systems), DBS (Direct Broadcast Satellite), or STV (Subscription Television) services, all of which are delivered via microwave from a central originating point directly to a subscriber without the use of wires.

COUNCIL: The governing body of the City of Taft, or any future board constituting the legislative body of the City.

FRANCHISE: Any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise, to construct, operate, and maintain cable communications system within all or a specified area in the City. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City as required by other ordinances and laws of this City.

GRANTEE: The person, firm or corporation granted a franchise by the Council under this Chapter, and the lawful successor, transferee or assignee of said person, firm or corporation.

GROSS ANNUAL ADVERTISING RECEIPTS: Shall mean any income, compensation and other consideration received by grantee from any advertising on the cable television system.

GROSS ANNUAL BASIC SUBSCRIBER RECEIPTS: Any and all compensation and other consideration received directly or indirectly by the grantee from subscribers in payment of the regularly furnished service of the cable television system in the transmission of broadcast television, radio signals, satellite delivered programming, and original cablecast programming of the grantee designated as the "basic service".

GROSS ANNUAL NON-BASIC SERVICE RECEIPTS: Any and all compensation and other consideration received directly or indirectly by the grantee from subscribers or users in payment for the receipt of signals whether for "pay television", "facsimile" transmission, "security services", "return" or "response" communication, and whether or not transmitted encoded or processed to permit reception by only selected subscribers, and designed as an optional service, or non-basic service.

GROSS RECEIPTS: As used in the following categories, shall mean any and all compensation, in whatever form, grant, subsidy, exchange, or otherwise, directly or indirectly received by a grantee, not including any taxes on services furnished by the grantee, imposed directly on any subscriber or user by a city, county, state or other governmental unit, and collected by the grantee for such entity. Research grants of monies and/or equipment received individually, jointly, or collectively, by Taft College, Taft High School, the City of Taft, and the grantee, for the purposes of cable communications programming and/or research, shall not be subject to this definition.

PERSON: Any natural person and all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, and societies.

PROPERTY OF GRANTEE: All property owned, installed, or used within the City by a grantee in the conduct of a cable communications system business under the authority of a franchise granted pursuant to this Chapter.

STREET: The surface, the air space above the surface and the area below the surface of any public street, other public right of way or public place, including public utility easements.

SUBSCRIBER OR USER: Any person or entity receiving for any purpose any service of the grantee's cable communications system including, but not limited to, the conventional cable television system service of retransmission of television broadcast, satellite broadcast, radio signals, grantee's original cablecasting, and other locally originated programming and services, such as leasing of channels, data and facsimile transmission, pay television, public service communication, and other services which may arise during the course of this franchise. (Ord. 476, 10-25-1983)

A nonexclusive franchise to install, construct, operate, and maintain a cable television system on streets within all or a specific portion of the City may be granted by the Council to any person, whether operating under an existing franchise, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this Chapter.

No provision of this Chapter may be deemed or construed as to require the granting of a franchise when in the opinion of the Council it is in the public interest to restrict the number of grantees to one or more. (Ord. 476, 10-25-1983)

Any and all cable television systems for the City shall be designed and installed to meet all of the standards expressly set forth throughout this Chapter. In addition, as a minimum, the system(s) shall be constructed to provide the following:

(A) 35 channel capability on a subscriber network, with 21 channels of program ming provided by end of Year 1 of the franchise (Year 1 begins from the date of this Chapter) and an additional 14 channels by the end of Year 7 of the franchise.

(B) Interactive capabilities which shall be implemented per Section 4-11-6 of this Chapter.

(C) Upstream and downstream capabilities and services on the subscriber network.

(D) One local channel for educational, and governmental use, with provisions for future additional channel allocation based upon usage and demand.

(E) A fully-equipped state-of-the-art local television production studio located within the City limits, either owned and operated by the grantee, or owned and operated by either/or Taft College and/or Taft High School and supported with equipment and/or funding provided by the grantee.

(F) Free installation and services for public buildings designated by the City.

(G) Programming services that include:

National and international news services

Financial and stock market information

Sports channels

Children's programming

Movie channels

Pay cable services

Cultural programming

FM stereo programming

Educational programming from local public schools and higher education facilities

(H) Emergency override features.

(I) Dedicated quantities of portable television equipment which may be "shared" or "pooled" by public and institutional users.

(J) On-going support, either financial or in-kind, for the development, operation, and promotion of the public access channels.

(K) Interconnection of subscriber and/or institutional networks with those of adjacent and/or nearby communities, and county-wide agencies and/or services, pursuant to the provisions of Section 4-11-13.

The term "dedicated" as used in this Section, shall mean that the equipment which is dedicated is to be used solely for the purpose specified and is not shared with any other cable system owned or operated by the grantee(s). (Ord. 476, 10-25-1983)

The CATV system shall be designed, installed, maintained and tested in accordance with the best CATV industry practice and, as a minimum, shall conform with the technical performance standards contained, herein. In addition, should the Federal Communications Commission (FCC), or other State or Federal authority having jurisdiction, impose CATV system technical performance standards either outside the scope of the technical performance standards contained herein, or requiring a higher level of CATV system performance, those standards are hereby incorporated herein by reference.

If, for any reason, the reference FCC or other technical standards shall become reduced in the regional scope or service level, the more stringent standards herein shall remain in effect.

(A) Performance of the CATV system as measured at the input to any subscriber terminal with matched 75 ohm termination shall be as follows:

1. The frequency boundaries of cable television channels delivered to the input of the subscriber terminals shall conform to those set forth in FCC 73.603(a), or subsequent FCC standard.

2. If no frequency converter is supplied to the subscriber, the visual carrier frequency shall be maintained 1.25 MHZ±25 Khz above the lower frequency boundary of the cable television channel. If a frequency converter is supplied to the subscriber by the cable television company, the following requirement shall be applied at the interface between the converter and the subscriber's terminal equipment: when the visual carrier at the output of the converter has been tuned to a frequency 1.25 Mhz above the lower frequency boundary of a cable television channel with the converter stabilized at an ambient temperature between 20°C and 25°C, the frequency of the visual carrier shall not vary more than ±250 Khz for a period of at least three (3) hours, during which period the ambient temperature may vary ±5°C about the initial ambient temperature.

3. The aural center frequency of the aural carrier shall be 4.5 MHz ± KHz above the frequency of the visual carrier.

4. The visual signal level across a 75-ohm terminating impedance as viewed from subscriber directional taps shall not be less than 1500 microvolts (+3.5dBmv) at each subscriber's external tap.

5. The visual sign level on each channel shall be maintained within:

(a) 3 decibels of the visual signal level of any visual carrier within 6 MHz nominal frequency separation; and,

(b) 12 decibels of the visual signal level on any other channel; and,

(c) A maximum level such that signal level degradation due to overload in the subscriber's receiver does not occur; and,

(d) 12 decibels over any twenty four (24) hour period.

6. The rms voltage of the aural signal shall be maintained between 13 and 17 decibels below the associated visual signal level, except for the aeronautical frequency.

7. The peak-to-peak variation in visual signal level caused by undesired low frequency disturbances (hum or repetitive transients) generated within the system, or by inadequate low frequency response, shall not exceed five percent (5%) of the visual signal level.

8. The amplitude characteristic shall be within a range of ± 2 decibels from 0.75 MHz to 4.0 MHz above the lower boundary frequency of the cable television channel, referenced to the average of the highest and lowest amplitudes within these frequency boundaries.

9. The ratio of visual signal level to system noise shall be not less than 40 decibels.

10. The ratio of visual signal level to any undesired co-channel television signal operating on proper offset assignment shall be not less than 36 decibels.

11. The ratio of visual signal level to the rms amplitude of any coherent disturbances such as intermodulation products or discrete-frequency interfering signals not operating on proper offset assignments shall not be less than 46 decibels.

12. The terminal isolation provided each subscriber shall be not less than 18 decibels, but, in any event, shall be sufficient to prevent reflections caused by open-circuited or short-circuited subscriber terminals from producing visible picture impairments at any other subscriber terminal.

13. As an exception to the general provision requiring measurements to be made at subscriber terminals, and without regard to the class of cable television channel involved, radiation from a cable television shall be measured in accordance with procedures outlined in FCC regulations, and shall be limited as follows:

14. The CATV system shall be rated for continuous, twenty four (24) hour per day operation.

15. If FM signal processing is in effect, the FM signal level across a 75 ohm terminating impedance as viewed from subscriber's terminals shall be not less than 100 microvolts (-20 dBmV) nor greater than the highest permitted Channel 6 aural signal level.

16. If FM signal processing is in effect, the FM signal on each channel shall be maintained within:

(a) 3 decibels of the FM signal of any FM signal on an adjacent (200 MHz spacing) channel; and,

(b) 6 decibels of the FM signal level of any other FM signal carried on the system.

17. The CATV system shall, as a minimum, be operational in full compliance with the applicable specifications contained herein, over the radio frequency spectrum from 50 to 300 MHz inclusive. Further, the system shall be designed such that thirty five (35) channel operation can be implemented in Year 7 of the franchise per Section 4-11-4.

18. The CATV system shall, as a minimum, be capable of operating in full compliance with the applicable specifications herein, a return signal capacity in all portions of the system, over the frequency range of 5 to 30 MHz.

19. Pursuant to FCC Rules, the grantee shall, at all times during the franchise, properly install and maintain adequate shielding, filtering and grounding at affected installations within the CATV system to eliminate system interference from local radio/television broadcast stations, commercial, government and aeronautical radio stations and/or from fundamental frequency overload by radio amateur or citizen's radio service transmissions which are in compliance with the Federal Communications Commission regulations.

(B) Nonbroadcast signals carried on the CATV system shall meet the following broadband requirements. The RF modulated signals associated with these base band signals shall meet all requirements of subsection (A), above.

1. Overall baseband system video frequency response shall be ±2 decibels over a DC to 4.2 MHz bandwidth.

2. Baseband video tilt shall not exceed two percent (2%) at the vertical or horizontal rate.

3. Overall baseband system video signal-to-noise ratio shall be not less than 42 decibels over a DC to 4.2 MHz bandwidth.

4. Video synchronizing waveform shall comply with the following applicable standard (latest edition or its equivalent):

(a) 2:1 Interlace monochrome - EIA RS-330.

(b) Full interlace monochrome - EIA RS-170.

(c) Color - FCC 73.699 Figure 6.

5. Where applicable, minimum television camera, (live and film) performance shall be:

(a) Resolution (luminance) - 300 line center (vertical); 500 line center, 400 line corners (horizontal).

(b) Scan linearity - two percent (2%) maximum error (horizontal and vertical).

(c) Registration (color only) two tenth percent (0.2%) in centered circle of 0.8 picture height; four tenths percent (0.4%) overall.

(d) Video tilt - two percent (2%) maximum (horizontal rate).

6. Overall audio system frequency response shall be ±3 decibels over the frequency range 50 to 10,000 Hz.

7. Overall audio system signal-to-noise ratio shall be not less than 50 decibels over the frequency range 50 to 10,000 Hz.

8. Overall audio system harmonic distortion shall not exceed two percent (2%) at any frequency from 50 to 10,000 Hz.

(C) The local origination studio(s), or equipment to support a studio provided by the grantee shall meet the following minimum requirements:

1. 600 square-foot (net) space minimum.

2. 12-foot ceiling height minimum.

3. 3200°-Kelvin tungsten halogen professional television production lighting system with a minimum of 200 foot-candles luminance.

4. Acoustical noise level under normal studio operating conditions not to exceed NC-25.

5. A minimum complement of television production equipment to include the following, or approved equivalent:

Three (3) 3-tube color television cameras with full remoted control and ENG portable capacity

All necessary studio lighting to meet the specifications noted above and with individual light dimming capability

A video switcher with chroma key, special effects and downstream capability

A character generator with multiple font sizes, automatic vertical and horizontal scroll

One time base corrector (TBC) for signal processing of videotape recorders during editing

One time base corrector (TBC) for on-cable playback of videotape players

A three-fourths inch (3/4") videotape editing system with multiple source capability and SMPTE time code features

Two (2) designated three-fourths inch (3/4") videotape players

One three-fourths inch (3/4") portable videotape recorder/player with rechargeable batteries

An audio mixing board with a minimum of four-channel input/output capability, two (2) turntables, one two-channel tape recorder, one cassette tape recorder, four (4) lapel microphones, two (2) cardiod studio mics

A sync generator

A multiplexer, to include, one 16mm and one 8mm sound projector, and two (2) 35mm slide projector capability

One vectorscope

Two (2) waveform monitors

All necessary video and audio monitors

All necessary mounting racks and consoles

All wiring, amplifier, terminal and processing equipment

All necessary test and maintenance equipment

A supply of spare parts to keep all equipment in a continual state of operation

(D) The grantee shall, during the third operating quarter of each year, perform annual CATV system performance tests.

1.Such tests shall be in full compliance with FCC regulations.

2.Such tests may be independently witnessed and the resultant data analyzed by a representative of the City if directed by the City Manager.

3.All necessary test instrumentation shall be supplied by the grantee. A current certificate of calibration by an independent calibration laboratory shall be supplied for each test instrument. All costs for instrumentation and calibration shall be borne by grantee.

4.Measurement locations for system compliance with subsection (A), above, except those requirements regarding twenty four (24) hour visual signal amplitude and channel amplitude characteristics, shall include:

(a) End of each system major trunk, and,

(b) End of each system trunk branch four (4) or more trunk amplifiers deep.

Actual test locations shall be selected to measure performance of the system in the franchise area and shall be (or as closely as possible to simulate) actual subscriber locations.

5. Measurements regarding twenty four (24) hour visual signal level and channel amplitude characteristics shall be made as required by the FCC.

6. Measurement for system compliance with subsection (B) above, shall be made where practical on all origination equipment employed in the system.

7. Measurement techniques shall be those suggested by the FCC.

8. Concurrent with annual performance tests, the City representative may inspect all system headend facilities and outside plant for adherence to best industry installation, workmanship and safety practice.

9. If said proof of performance tests, or construction standards show that the cable television system is below the performance standards outlined in this franchise, the City shall give notice thereof to grantee and grantee shall have thirty (30) days to correct said deficiency. Grantee will notify the City when such correction has been made and the engineering firm employed in the previous test will retest to ensure compliance. In the event the resultant tests reveal grantee has failed to correct said deficiency(s), or if thirty (30) days has elapsed and grantee has not corrected the deficiency, the City may request mutually agreed upon independent engineers to demonstrate at the grantee's cost, the appropriate correction to the grantee. Grantee shall then have a minimum of sixty (60) days or an extended approved reasonable time required, to correct deficiency. If at the end of the approved time the deficiency still has not been corrected, the City shall have the option of assessing liquidated damages in the amount of five hundred dollars ($500.00) per day for each and every day the deficiency exists.

(E) The grantee shall maintain the system so it consistently operates within the substantial compliance of the technical standards herein; substantial compliance being defined as eighty eight percent (88%) of the channels received shall meet all applicable technical standards simultaneously at the time of measurement, and one hundred percent (100%) of the local origination equipment shall meet all applicable technical standards specified herein. (Ord. 476, 10-25-1983)

The CATV system shall be constructed with full two-way capability (upstream and downstream transmission and reception) of both audio and video signals. In Year 12 of the franchise, (Year 1 begins with the award of franchise) and in no event later than the end of Year 12, grantee shall submit to the City Manager, for City Council approval, a plan for implementation of two-way data transmission on the subscriber network. Such a plan shall include, as a minimum, all services to be offered, the date for implementation and marketing of those services, and the fees to be charged subscribers for each and every service and/or level of service proposed.

As a minimum, grantee agrees to provide upstream and downstream data transmission capabilities (energization and activation of all necessary amplifiers and signal routing) between Taft College and system subscribers per this Section, which will be activated in Year 13 of the franchise.

Following City Council approval, grantee shall implement those two-way services to which it is committed by no later than the end of Year 13 of the franchise.

Failure to meet any of the provisions of this Section shall subject the grantee to an assessment of liquidated damages in the amount of five hundred dollars ($500.00) per day for each and every day's delay beyond the deadline(s) noted herein. (Ord. 591, 10-6-1992)

(A) Within thirty (30) days after acceptance of any franchise, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment, agreements, microwave carrier licenses, and other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable television systems, associated microwave transmission/reception facilities and/or satellite communications facilities.

(B) For new franchises, within one hundred twenty (120) days after award of franchise, grantee shall commence construction and installation of the cable television system.

(C) As part of their proposal to the City the franchise applicant shall indicate a proposed construction schedule for the completion of the installation of the cable television system throughout the entire City. Service to the areas prescribed in that proposal shall be provided within the period stated and failure on the part of the grantee to complete each of the matters set forth therein, shall be grounds for termination of the franchise. The proposed construction schedule shall not, in any event, exceed two (2) years, except that, by resolution, and in accord with Section 4-11-8 this Chapter, the City, in its discretion, may extend the time for the commencement and completion of installation and construction for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control.

(D) By acceptance of the franchise granted hereunder, grantee agrees that failure to comply with any time requirements referred to in subsections (A), (B), and (C), of this Section, or as may be extended by Council, grantee agrees that in addition to the penalty provisions specified in Section 4-11-8, grantee will pay to the City the sum of five hundred dollars ($500.00) per day for each and every day's delay beyond the time prescribed, plus authorized extensions thereof, for completion of any of the acts required to be done by this Section.

(E) Grantee shall utilize existing poles, conduits, and other facilities whenever possible, and shall not, construct or install any new, different or additional poles, conduits, or other facilities whether on public property or on privately-owned property unless and until first securing the written approval of the City Manager.

(F) The City shall have the right, free of charge, to make additional use, for any public or Municipal purpose, whether governmental or proprietary, of any poles, conduits or similar facilities erected, controlled, or maintained exclusively by or for the grantee in any street, provided such use does not interfere with the use by grantee.

(G) In those areas of the City where the transmission or distribution facilities of the respective public utilities providing telephone, communication, and electric services are underground, or hereafter are placed underground, the grantee shall likewise construct, operate, and maintain all of his transmission and distribution facilities underground, with the exception of "active electronic equipment", which, upon design and location approval from the City Manager, may be placed above ground. Whenever any active electronic component is so located above the surface of the ground, all efforts will be undertaken by grantee to ensure that such location does not endanger the public safety or welfare, and, is so located as to not physically detract from the surroundings. The term "underground" shall include a partial underground system.

1. The method of underground construction to be utilized by the grantee, whether by trenching, boring, cutting, or other method, and the restoration of streets, parkways, alleys, and other City rights-of-way utilized for the placement of the franchisee's conduits and/or ancillary equipment, must first be submitted to the City Manager for approval. The construction methods approved will be subject to the required permit fees and City inspection as may be required by other ordinances, rules, regulations and specifications of the City heretofore or hereafter adopted, including but not limited to those pertaining to works and activities in, on, over, under and about streets.

2. Grantee agrees to provide a method of employee/subcontractor identification, acceptable to the City, for all such individuals who may make personal contact with Taft residents for the purposes of construction, marketing, or other services of the cable television system.

3. Prior to construction of, or rebuilding of, the cable system, the grantee shall notify in writing each resident in the area in which construction is to commence, and shall deliver to each resident, notice of such construction either in person by a representative of the grantee, or by mail, at least forty eight (48) hours in advance of such construction work.

4. The grantee shall perform all backfilling within twenty four (24) hours except by specified written approval of the City Engineer, and shall, within a reasonable time, return property to original condition.

5. All landscaped public and private areas shall be returned to a condition as existed prior to the construction work and the grantee shall maintain such area until, in the opinion of the City Engineer, the plant materials are reestablished.

6. Neither the grantee, nor any subcontractor employed by the grantee, shall remove any tree or trim any portion either above, at or below ground level, of any tree within any public place without the prior consent of the City. The City shall have the right to do the work with the actual cost thereof to be paid by the grantee. If such trimming is not performed by the City, the grantee shall be responsible for any and all damages to any tree as a result of trimming, or to the land surrounding the tree, whether such tree is trimmed or removed.

7. Any grantee awarded a franchise within the City agrees to the City's acceptance and approval of any and all subcontracting firms employed by the grantee within the City. Such acceptance and approval by the City shall not be unreasonably denied.

In the event the City determines that any subcontractor employed by the grantee is performing unsatisfactory or inferior work, as determined by the City Engineer, or is the cause for numerous complaints, the City Manager shall notify the grantee in writing of the City's revocation of that subcontractor's license to operate within the City, and the grantee shall, within thirty (30) days of such notice employ another subcontractor that meets the provisions of this subsection.

If the City invokes its right to revoke the license of any subcontractor employed by the grantee, then the grantee shall be given an automatic extension of any construction deadline for thirty (30) additional days from the date of receipt of written notification of any such action by the City.

(H) Grantee agrees to provide services to the entire residential area of the City, including future annexations, in accord with subsection (C) of this Section, and herein referred to as the "Subscriber Network". Any limitations on system extensions, or exclusions, shall be approved by Council and referenced as part of the grantee's proposal, or adopted by Council resolution and attached hereto as additional exhibits.

(I) Grantee shall furnish the City with as-built drawings of the entire cable television system. Within thirty (30) days of completion of construction of five (5) miles of City streets, and for each five (5) miles thereafter until the system is completed, grantee shall file as-built drawings with the City Engineer.

(J) In the event any changes, or modifications are made to the cable system that would alter the City's as-built plans, grantee shall, after seeking City approval of such changes, file revised plans to reflect the changes within thirty (30) days of completion of the changes.

(K) Grantee agrees to maintain a local business office within the City for the purposes of conducting its local activities. Grantee further agrees to maintain a twenty four (24) hour toll-free answering service for service related problem calls.

All such telephone numbers indicated above shall be listed in directories of the telephone company serving the City, and be so operated that complaints and requests for repairs or adjustments may be received at any time, day or night, seven (7) days a week. All complaints shall be acknowledged within twenty four (24) hours of receipt. (Ord. 476, 10-25-1983)

In addition to the monetary penalties specified in Section 4-11-7, the following penalties shall also apply:

(A) For failure to commence construction in accordance with Section 4-11-7 of this Chapter, unless the Council approves the delay because of reasons beyond the control of the grantee, the franchise term shall be reduced four (4) days for each day of delay.

(B) For failure to begin service to subscribers or complete construction and installation of the system as provided for in Section 4-11-7 of this Chapter, or as provided for in the grantee's proposal to the City and adopted or amended, unless the Council approves the delay because of reasons beyond the control of the grantee, the franchise term shall be reduced four (4) days for each day of delay.

(C) Any requests for extensions of the proposed construction deadlines proposed by grantee, due to acts of God, acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, lockouts, freight embargoes, unusually severe weather, or from any other cause beyond the reasonable control of grantee and/or its employees, agents or contractors, must be requested from the City Manager in writing within fourteen (14) days after the cause for such delay first occurs. Such request must specify the exact reason for the delay and the total number of extension days requested. The City's approval of the request shall not be unreasonably withheld or denied.

Whenever and wherever possible, such requests for extensions of the proposed or required construction deadlines should be supported with written justification of the cause for such delay, such as newspaper articles, letters from vendors, agents, contractors, etc. Within fourteen (14) days of receipt of such a request, the City Manager will reply in writing, approving, partially approving, or denying the request. (Ord. 476, 10-25-1983)

(A) In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such a system or property has been installed in any street or public place without complying with the requirements of grantee's franchise, or this Chapter, or the franchise has been terminated, cancelled, revoked or expired, the grantee shall promptly, upon being given ten (10) days' notice, remove from the streets for public places all such property of such system other than any which the City Engineer may permit be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the City Engineer.

(B) Any property of the grantee remaining in place thirty (30) days after the termination, cancellation, revocation, or expiration of the franchise shall be considered permanently abandoned. The City Engineer may extend such time, not to exceed an additional thirty (30) days.

(C) Any property of the grantee to be abandoned in place shall be abandoned in such manner as the City Engineer shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the City, and the grantee shall submit to the City Engineer an instrument in writing, to be approved by the City Attorney, transferring to the city the ownership of such property, except as may be included within the provisions of any utility joint use attachment agreements. (Ord. 476, 10-25-1983)

The grantee shall from time to time protect, support, dislocate, temporarily or permanently as may be required, remove or relocate, without expense to the City or any other govern mental entity, any facilities installed, used, and maintained under the franchise, if and when made necessary by any lawful change of grade, alignment, or width of any public street, including the construction of any subway or viaduct, by the City or any other governmental entity, or made necessary by any other public improvement or alteration in, under, on, upon or about any public street or other public property, whether such public improvements or alteration be at the instance of the City or another governmental entity, and whether such improvement or alteration is for a government or proprietary function, or made necessary by traffic conditions, public safety, street vacation or any other public project or purpose of a City or any other governmental entity. The decision of the City Engineer under this Section shall be final and binding upon grantee. (Ord. 476, 10-25-1983)

Any grantee granted a franchise under this Chapter shall pay to the City, during the life of such franchise, a sum equal to five percent (5%) of the annual total gross receipts and in addition thereto, such other sums as may be provided for elsewhere in this Chapter. If, during any part of the franchise term, there is in effect a Federal or State limit regulating the franchise fee percentage to a lesser amount, such a limitation shall apply but only for that time period such limit is legally operational. Franchise fee payment by the grantee to the City shall be made annually by delivery of the same to the City Manager. Franchise payments required hereunder shall be in lieu of any business license, occupation tax or similar levy.

The grantee shall file with the City Auditor, within ninety (90) days after the expiration of the grantee's fiscal year or portion thereof during which such franchise is in force, a balance sheet and statement of profit and loss certified to by a certified public accountant, or person otherwise satisfactory to the City Auditor, showing in detail the gross subscriber receipts, as defined herein, of grantee during the preceding fiscal year, or portion thereof. It shall be the duty of the grantee to pay to the City, within fifteen (15) days after the time for filing such statements, the sum hereinabove prescribed or any unpaid balance thereof for the fiscal year or portion thereof covered by such statements.

The City shall have the right to inspect and audit the grantee's fiscal records. If any independent audit of the grantee's records directed by the City show a franchise fee error in excess of two percent (2%) in the City's favor, the grantee shall assume all reasonable costs for said audit. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further additional sums payable under this Section or for the performance of any other obligation hereunder. (Ord. 476, 10-25-1983)

(A) The franchise granted by the Council under this Chapter shall be for a maximum term of fifteen (15) years from the date of its acceptance by the grantee(s).

(B) If grantee wishes to renew this franchise, within two (2) years of the expiration date of this franchise, grantee shall file notice of request for renewal of the franchise. Such request shall, at the minimum, specify the following:

1. Justification, based on prior experience, for the extension.

2. Number of years of the requested franchise extension.

3. Changes, modifications, improvements, such as an increase in channel capacity, services provided, or other additions/deletions grantee is proposing to provide during the term of the requested extension.

4. Proposed rate schedules for all services and level of services proposed.

5. Any and all other information grantee shall deem relevant to the request.

Within ninety (90) days of receipt of the grantee's application for franchise renewal, the City shall schedule hearings on the request with grantee. A final decision and agreement between grantee and the City shall be resolved at the earliest possible date, but in no event, later than fifteen (15) months prior to the expiration of the existing franchise. In the event agreement is not concluded prior to that time, notice shall be extended to the grantee of the City's intent to reopen the franchise to interested applicants.

(C) The City may terminate any franchise granted pursuant to the provisions of this Chapter in the event of the failure, refusal or neglect by grantee to do or comply with any material requirement or limitation contained in this Chapter, or any material, rule or regulation of the Council or City Manager validly adopted pursuant to the Chapter.

(D) The City Manager may make written demand that the grantee comply with any such requirement, limitation, term, condition, rule or regulation. If the failure, refusal or neglect of the grantee continues for a period of thirty (30) days following such written demand, the City Manager may place his request for termination of the franchise upon the next regular Council meeting agenda. The City Manager shall cause to be served upon such grantee, at least ten (10) days prior to the date of such Council meeting, a written notice of his intent to request such termination, and the time and place of the meeting, notice of which shall be published by the City Clerk at least once ten (10) days before such meeting in a newspaper of general circulation within the City.

(E) The Council shall consider the request of the City Manager and shall hear any persons interested therein, and shall determine, in its discretion, whether or not any failure, refusal or neglect by the grantee was with just cause.

(F) If such failure, refusal or neglect by the grantee was with just cause, the Council shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.

(G) If the Council shall determine such failure, refusal or neglect by the grantee was without just cause, then the Council may, by resolution, declare that the franchise of such grantee shall be terminated and forfeited, unless there be compliance by the grantee within such period as the Council may fix, or reduce the length of the franchise by a period of time up to the duration of the failure and/or violation.

(H) If a court of competent jurisdiction ultimately determines that the grantee does not have the right to continue operating, and there exists any holding over after expiration of any franchise granted hereunder, without the prior consent of the City, expressed by resolution, the grantee shall pay to the City reasonable compensation and damages, of not less than one hundred percent (100%) of its gross revenue during said period.

(I) The termination and forfeiture of any franchise shall in no way affect any of the rights of the City under the franchise or any provisions of law. (Ord. 476, 10-25-1983)

In the event the County of Kern, along with other cable communications systems within the County, develops and implements a County wide interconnection network, the grantee shall make all reasonable efforts to electrically interconnect the Taft CATV system with the County network for the purposes of sharing programming. Such an interconnect shall be effected by coaxial cable, fiber optic cable, microwave, or other bi-directional signal transportation means as appropriate to permit programming interchange in compliance with the technical provisions of the City's CATV franchise ordinance. (Ord. 476, 10-25-1983)

(A) The City and grantee shall schedule performance analysis, evaluation and review sessions within thirty (30) days of the fifth and tenth anniversary dates of the award of any franchise granted hereunder. Additional, special evaluations may be scheduled at any other time during the franchise term at either the request of the City or the grantee. All such evaluation sessions shall be open to the public and announced in a newspaper of general circulation in accordance with legal notice.

(B) Topics which shall be reviewed and discussed include, but are not limited to, service rates and charges, franchise fees and payment schedules, penalties, free or discounted services, application of new or emerging technologies, system performance, services provided, programming offered, customer complaints and grantee complaint resolution procedures, and subscriber privacy, amendments to the franchise, judicial and FCC rulings, line extension policies and franchisee or City rules and regulations.

(C) During the review and evaluation by the City, the grantee shall fully cooperate with the City and shall provide such information and documents as the City may need to reasonably perform the review.

According to the provisions of Section 4-11-19, the City may elect to utilize the services of an independent cable television consultant to conduct the review process, and the grantee shall bear all reasonable costs associated therein.

(D) During the fifth and tenth year of the franchise, the City and the grantee shall discuss the feasibility of increasing the channel capacity of the cable system and the services offered to subscribers to a level comparable with other cable systems operating in communities with similar characteristics (e.g., homes pass ed, customer penetration levels, demographics, non-cable competition for the same services, off-air signals available, etc.) within a reasonable period of time, if justified by such factors as demand, cost, impact on existing subscriber rates, and the availability of sufficient programming and other services. Should the City and the grantee fail to reach agreement on the question of the feasibility or extent of the expansion or the schedule for implementation of the expansion, then such questions shall be decided by a qualified independent consultant chosen by the City. However, if the grantee does not concur in the City's selection of a consultant, grantee may select a consultant, and the two (2) consultants shall then meet and select a third qualified independent consultant who shall decide all issues relating to the feasibility, extent, expansion and/or schedule for implementation regarding those areas upon which the City and grantee fail to decide. The grantee shall bear all the costs associated with all of the consultant's fees and tasks. (Ord. 476, 10-25-1983)

The grantee, by acceptance of the franchise, agrees to abide by and implement all the provisions of AB 2735, chapter 1519 (section 637.5 of the California Penal Code) as adopted September 28, 1982, dealing with subscriber privacy, and upon mutual agreement between the City and grantee, any such additional controls as may be adopted to protect the right of privacy of individual subscribers, especially as such controls may be necessitated by implementation of the interactive (two-way) features when such services become available. (Ord. 476, 10-25-1983)

(A) The following procedure shall be adhered to in the event of subscriber com plaints or complaints by City residents:

1. Grantee shall establish procedures for receiving, acting upon and resolving subscriber complaints to the satisfaction of the City Manager. The grantee shall furnish a notice of such procedure to each subscriber at the time of initial subscription to the system.

2. Maintain a written or computer record, or "log" listing date and time of customer complaints, and determining the nature of the complaints and when and what action was taken by the grantee in response thereto; such record shall be kept at grantee's local office, reflecting the operations to date for a period of at least three (3) years, and shall be available for inspection during regular business hours without further notice or demand by the City Manager.

3. In the event that a customer complaint is not resolved to the mutual satisfaction of the customer or the grantee, either customer or the grantee may request that the matter be presented to the City Manager for a hearing and resolution.

4. When there have been similar complaints made or where there exists other evidence which, in the judgment of the City Manager casts doubt on the reliability or quality of cable service, or the grantee's ability to meet the technical standards herein adopted, the City Manager shall have the right and authority to compel the grantee to test, analyze, and report on the performance of that part of the system involved in the problem. Such test or tests shall be made and the reports of such test or tests shall be delivered to the City no later than fourteen (14) days after the City formally notifies the grantee. Such report shall include the following information:

(a) The nature of the complaint which precipitated the special test;

(b) What system component was tested;

(c) The equipment used and procedures employed in such testing;

(d) The names of the individuals performing and witnessing the testing;

(e) The date, time, and location of testing;

(f) The results of such testing;

(g) The method in which such complaints were resolved.

Any other information pertinent to the special tests shall also be recorded. The resultant report shall be submitted to the City Manager and will form the basis for resolution. In the event either the subscriber or grantee determines that the resolution was unsatisfactory, either may appeal the issue to the City Council for a final and binding resolution. (Ord. 476, 10-25-1983)

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

1. The names, address and telephone number of the applicant;

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 City:

(a) The names, residence and business address of all officers, directors and associates of the applicant.

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

(c) The names and addresses of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling 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, its parent and subsidiary and the areas served thereby.

(d) A detailed description of all previous experience of the applicant in providing cable television system service and in related or similar fields.

(e) A detailed and complete financial statement of the applicant, prepared by an independent 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 Council, 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 to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the City, 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 this City.

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

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

(a) 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.

(b) 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 said classifications, including installation charges and service charges.

(c) A detailed informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant and that such standards of operations are in compliance with Section 4-11-5 of this Chapter.

(d) A copy of the form of any agreement undertaking, or other instrument proposed to be entered into between the applicant and any subscriber.

(e) A detailed statement setting forth in its entirety any and all agreements and understandings, 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.

4. A copy of any agreement covering the franchise area, if existing between the applicant and any public utility subject to regulation by the California Public Utilities Commission providing for the use of any facilities of the public utility, including but not limited to poles, lines, or conduits.

5. Any other details, statements, information or reference pertinent to the subject matter of such application which shall be required or requested by the Council, or by any provision of any other ordinance of the City and any of its Charter.

6. A nonrefundable application fee in the amount of three thousand dollars ($3,000.00), which shall be in the form of cash, certified or cashier's check, or money order, delivered to the City Clerk's office at the time specified for filing applications.

(B) The Council may, by advertisement or any other means, solicit and call for applications for cable television system franchises, and may determine and fix any date upon or after which the same shall be received by the City, or the date before which the same must be received, or the date after which the same shall not be received, and may make any other determinations and specify any other times, terms, conditions, or limitations respecting the soliciting, calling for, making and receiving of such applications.

(C) Upon receipt of any application(s) for a cable communications system franchise, the Council may refer the same to an independent cable television consultant, appointed by the Council, who shall make an evaluation and prepare a report and recommendation respecting such application(s), and cause the same to be completed and filed with the Council.

(D) If the Council shall determine to further consider the application(s), it shall pass a resolution setting a public hearing for the consideration of competing applications; fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein or objections may file written protests and/or appear before the Council and be heard, and directing the City Clerk to publish said resolution at least once within ten (10) days of the passage thereof in a newspaper of general circulation within the City.

(E) In making any determination hereunder as to any application for a new franchise or renewal thereof, the Council may give due consideration to the quality of the service proposed, rates to subscribers, income to the City, experience, character, background, and financial responsibility of any applicant, and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and other deadlines, and to abide by police decisions, franchise requirements, and other considerations deemed pertinent by the Council for safeguarding and promoting the interests of the City and the public.

(F) At the time set for the hearing, or at any adjournment thereof, the Council shall proceed to hear all written protests and/or support. Thereafter, the Council shall make one of the following determinations;

1. That such application(s) be denied, which determination shall be final and conclusive; or,

2. That City staff and/or independent consultant enter into negotiations for the determination of the terms of the final award of a franchise with one or more of the applicants, and that the time for such negotiations be limited to a time not to exceed ninety (90) days and that such terms and conditions shall first be approved by Council, in which case the Council may agree to:

(a) Award a nonexclusive franchise to one or more of the applicants; or,

(b) Reject all applications and request new and/or additional proposals.

(G) The Council may at any time demand and applicant(s) shall provide such supplementary, additional or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.

(H) In the event of a franchise renewal, and/or extension of any franchise granted herein, the City may waive any and all provision(s) of this Section. (Ord. 476, 10-25-1983)

Each grantee awarded a franchise hereunder will provide a copy of the submitted proposal for a cable communication system for the City in the case of new franchisees, or a memorandum of understanding, or letter of agreement, for franchise renewals or franchise transfers, as approved by the City Council, and it will be adopted by resolution and act as the franchise award document and each and every provision of said document will be hereby incorporated by reference in this Chapter as though the same were set out in full and all provisions included therein, as well as those specified herein, shall be binding upon grantee. (Ord. 476, 10-25-1983)

The grantee shall assume all reasonable costs associated with an award of, renewal or implementation of provisions of this Chapter and an ordinance granting a franchise, including the following:

(A) Costs of publication of an ordinance granting a franchise, or any change to this ordinance as such publication is required by law.

(B) Costs associated with the City employing an independent consultant to assist with the development of the franchise ordinance, memorandum of understanding, and/or agreement, and any negotiations required to grant, amend, or enforce the provisions of the franchise ordinance and agreement.

(C) Costs of an independent engineering firm to witness the design, installation and proof of performance testing of the system as a verification of the grantee's adherence to the terms and conditions of the franchise.

At the City's option, the grantee may perform such tests and submit such results to the City and the City may, at the grantee's costs, have the results analyzed by an independent engineering firm.

(D) All fees related to construction of the CATV facilities, including, but not limited to, City excavation permit fees, construction inspection fees, and other City costs related to CATV installation and construction.

(E) City costs of advertising and noticing for any public hearings related to rate increases or changes in this franchise. (Ord. 476, 10-25-1983)

The service rates and installation and connection charges for CATV system use, will be contained in either the grantee's proposal, memorandum of understanding, or letter of agreement.

The City hereby confers upon any grantee awarded a franchise hereunder, the prerogative to fix and set reasonable rates and charges for CATV system use after the initial fifteen (15) month term, and until such time as the City Council, by majority vote elects to, consistent with Federal and State laws, assume the authority to regulate all applicable rates and charges.

Nothing contained herein shall constitute a waiver or bar to the exercise of the City's right to regulate rates, when it is considered by the City to be in the City's best interest to do so. (Ord. 476, 10-25-1983)

(A) The grantee shall concurrently with the filing of an acceptance of award of any franchise granted under this Chapter, file with the City Clerk, and at all times thereafter maintain in full force and effect for the term of such franchise or renewal thereof, at grantee's sole expense, a corporate surety bond in a company and in form and content approved by the City Attorney, in the amount of twenty five thousand dollars ($25,000.00), renewable annually, and conditioned upon the faithful performance of grantee, and upon the further condition that in the event grantee fails to comply with any one or more of the provisions of this Chapter, or of any franchise issued to the grantee hereunder, there shall be recoverable by City or any other governmental entity jointly and severally from the principal and surety of such bond:

1. Any amounts due to or expended by city or such other governmental entity by reason of such failure of grantee;

2. Any damages or loss suffered by City or any such other governmental entity as a result of any such failure;

3. Interest at ten percent (10%) per year from the date due as to the amount finally determined, whether liquidated or not in amount when due; and,

4. In the event of litigation, the reasonable attorney's fees, court costs and other expenses of City or any such other governmental entity in the event City or such other governmental entity is the prevailing party; all up to the full amount of the bond, provided that grantee's liability shall not be limited to said amount.

The condition of said bond shall be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations that may have arisen from the acceptance of said franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty (30) days' prior written notice of intention not to renew, cancellation, or material change, be given to the City, in which event grantee shall provide a substitute bond complying with this Section in form and content approved by the City Attorney.

(B) Neither the provisions of this Section, nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City hereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise.

(C) In lieu of said bond, grantee may deposit a surety fund in the amount of twenty five thousand dollars ($25,000.00) cash with the City, or in a Federal or State of California bank or savings and loan association in the name of the City, but with interest reserved to the grantee.

In the event grantee shall fail to comply with any one or more of the provisions of the Chapter, then the City shall have to right to withdraw from such cash deposit any damages suffered by the City as a result thereof, including the full amount of any compensation, liquidated damages, indemnification, or cost of removal or abandonment of property as prescribed by this Chapter which may be in default, up to the full amount of the cash deposit. Grantee shall, as a condition of this Section, maintain the balance in such a cash account so that any amounts withdrawn by the City pertinent to this Section shall be replaced by the grantee within fifteen (15) days' notice of withdrawal by the City. (Ord. 476, 10-25-1983)

(A) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this Chapter, furnish to the City and file with the City Clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of one million dollars ($1,000,000.00) in a company approved by the City Manager, and in a form satisfactory to the City Attorney, naming as additional insureds, indemnifying and holding harmless the City, its officers and employees from and against any and all claims, demands, actions, suits and proceedings by others, against all liability to others, including but not limited to any liability for damages by reason of or 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 CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder.

In lieu of such policy, the grantee may provide a notarized certificate of self-insurance in like amounts and conditions, in a form acceptable to the City Attorney, attesting to the provision of this Section, or, in the alternative, the grantee may provide a notarized indemnity and hold harmless certificate, showing a net worth of at least one million ($1,000,000.00) in a form acceptable to the City Attorney, attesting to the provisions of this Section.

(B) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this Chapter, furnish to the City and file with the City Clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City, its officers, boards, commissions, agents and employees, in a company approved by the City Manager, and a form satisfactory to the City Attorney, protecting the City and all persons against liability for loss or damage for personal injury, death and property damages, occasioned by the operations of grantee under such franchise, with minimum liability limits of one million dollars ($1,000,000.00) for personal injury or death of two or more persons in any one occurrence, and fifty thousand dollars ($50,000.00) for damage to property resulting from any one occurrence.

(C) The policies mentioned in subsection (B) of this Section shall name the City, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City ten (10) days in advance of the effective date thereof. If such insurance is provided by a policy which also covers grantee or any other entity or person other than those above names, then such policy shall contain the standard cross-liability endorsement. (Ord. 476, 10-25-1983)

(A) 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 situated 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, except for that subscriber demographic data protected under Section 4-11-15 of this Chapter. 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 determines 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.

(B) The grantee shall prepare and furnish to the City Manager at the time and in the form prescribed by said officer, such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the City or any of its officers in connection with the franchise.

(C) The grantee shall at all times make and keep in the City full and complete plans and records, including technical maintenance manuals, showing the exact location and description of all cable communications equipment and component parts installed or in use in the cable system installed within the City. (Ord. 476, 10-25-1983)

Every franchise granted under this Chapter shall be nonexclusive. Neither the granting of any franchise hereunder nor any of the provisions contained herein shall be construed to prevent the City from granting any identical or similar franchise to any other person, firm, or corporation, within all or any portion of the City. (Ord. 476, 10-25-1983)

Services shall be offered to all City residents in accordance with the provisions of the franchise agreement and the grantee shall not reduce the level of service provided, but may, at its discretion, substitute programming to offer subscribers an equal or higher quality array of services. (Ord. 476, 10-25-1983)

(A) No privilege or exemption shall be granted or conferred by any franchise granted under this Chapter except those specifically prescribed herein.

(B) Any privilege claimed under any such franchise by the grantee in any public street or other public property shall be subordinate to any prior or subsequent lawful occupancy or use thereof by the City or any other governmental entity and shall be subordinate to any easements therein, whether created prior or subsequent to the granting of any franchise hereunder.

(C) Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sales, or by voluntary sales, merger, consolidation, or otherwise, without the prior consent of the Council expressed by resolution, after receipt of any proposed contractual documents, including the considerations and then only under such reasonable conditions as may in said resolution be prescribed, provided however, that Council consent shall not be necessary for any transfer or assignment to an affiliated entity which does not result in an actual change in ultimate control of the franchise.

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 City Clerk within thirty (30) days after any such transfer or assignment. The said consent of the Council except as to assignment or transfers as specified in this Chapter shall not be arbitrarily refused; provided, however, the proposed assignee must show financial responsibility and must agree to comply with all provisions of this Chapter and of the franchise, and, provided further, that no such consent shall be required for a transfer in trust, mortgage, pledge, or other hypothecation unless made to avoid or evade the other provisions of this Chapter affecting transfers. A request for Council consent must be accompanied with a fee of one thousand dollars ($1,000.00) to assist in defraying City investigation expenses.

(D) The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this Chapter or by any failure of the City to enforce prompt compliance.

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

(F) The grantee shall have no recourse whatsoever against the City for any 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.

(G) The grantee shall be subject to all requirements by City ordinances, rules, regulations and specifications heretofore or hereafter enacted or established, and shall comply with all applicable State and Federal laws and regulations heretofore or hereafter enacted or established.

(H) Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the City, utility company, or from others maintaining poles in streets.

(I) Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled or exercisable by grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation or maintenance of any cable communications system in the City; and the acceptance of any franchise hereunder shall operate, as between grantee and the City as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the City, to the effect that, as between grantee and the City any and all construction, operation and maintenance by any grantee of any cable communication system in the City shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever. (Ord. 476, 10-25-1983)

(A) Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value of the ongoing business, which shall not include any amounts expended to obtain the franchise, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term in perpetuity, the City's right of eminent domain.

In the event the City wishes to acquire part or all of the cable communications system either by purchase or through the exercise of the right of eminent domain, upon nonrenewal, expiration or cancellation of the franchise, City and grantee will each appoint one appraiser to establish the value of the system to be acquired by City. The two (2) appraisers will select a third appraiser who will be chairman of the appraisal board. The board will, by majority vote, determine the value of the system to be acquired by the City. This value will be final and binding on both City and grantee and will be used as the purchase price of just compensation in any purchase by the City or eminent domain proceeding between City and grantee.

In the event of purchase by the City, or a change of grantee, the current grantee shall cooperate with the City, or with a representative appointed by the City, to operate the system for a temporary period in maintaining continuity of service.

(B) There is reserved to the City every right and power which is required to be herein reserved or provided by any ordinance of the City, and the grantee, by acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power, heretofore or hereafter enacted or established.

(C) Consistent with the rights and obligations set forth herein, and pursuant to its lawful exercise of the police power, there is reserved to the City the power to amend any section or part of this Chapter so as to require additional or greater standards of construction, operation, maintenance, level of service, or other wise, on the part of the grantee, when such action can be shown to be in the public's safety and/or welfare.

(D) Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City, now existing or hereafter granted.

(E) The Council 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; provided, however, that nothing herein shall limit any party's right to seek a judicial determination of any claim or controversy prior to or following any determination made by the City Council. The City Manager and/or his designee, is authorized and empowered to provide day-to-day administration and enforcement of the provisions of this franchise. Such duties shall include, but not be limited to, the following:

1. Recommendations to the City Council for action which may be appropriate to ensure compliance with each and every provision of this Chapter.

2. Scheduling and implementation of the performance evaluations required in Section 4-11-14, and enforcement with any resultant agreements and/or conditions.

3. Evaluation of the grantee's process for handling and resolving customer complaints.

4. Evaluation of the grantee's adherence to the construction and technical standards contained herein.

5. At the Council's direction, requests for system tests and/or analysis.

6. Receipt of all data and reports required by this Chapter.

7. Verification of grantee compliance with applicable laws and ordinances of the State of California and the County of Kern, and City of Taft.

(F) All notices which City may give to grantee or which grantee may give to City, shall be given in writing and may be given by first class mail, postage prepaid, addressed to grantee's most recent address on file with the City, and addressed to the City at the official City Hall address. Such notices, so sent by mail shall be deemed given one day after deposit in the United States mail if so deposited in Kern county; otherwise they shall be deemed given upon receipt. (Ord. 476, 10-25-1983)

Any franchise granted pursuant to the provisions of this Chapter shall authorize and permit the grantee to engage in the business of operating and providing a cable communications system in the City, and for that purpose to install, erect, construct, repair, replace, reconstruct, maintain and retain in, on, under, upon, across and along any public street, such wires, cables, conductors, conduits, ducts, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the cable communications system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms, or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the City.

The grantee may make a charge to subscribers for installation of or connection to its cable communication system and a fixed monthly charge as filed and approved as herein provided. (Ord. 476, 10-25-1983)

(A) No franchise granted pursuant to the provisions of this Chapter shall become effective until all things required in this Section and Sections 4-11-21 and 4-11-22, are done and completed, all of such things hereby declared to be conditions precedent to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner required, the Council may declare the franchise null and void.

(B) Within thirty one (31) days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the Council in its discretion may authorize, the grantee shall file with the City Clerk, his written acceptance, in form satisfactory to the City Attorney, of the franchise together with the bond and insurance policies specified herein, and his agreement to be bound by and to comply with and to do all things required of him by the provisions of this Chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall in form and content be satisfactory to and approved by the City Attorney. (Ord. 476, 10-25-1983)

Pursuant to section 53066.1(p) of the California Government Code enacted by statutes of 1982, neither the city nor any grantee shall be entitled, with respect to any franchise agreement, to raise the defense of impairment of contract in any case where the due and proper exercise of police power, or the limits thereof, is at issue. (Ord. 476, 10-25-1983)

(A) From and after the effective date of this chapter, it is unlawful for any person to construct, install or maintain within any public street in the city, or within any other public property of the city, or within any privately owned area within the city which has not yet become a public street but is designated or delineated as a proposed public street on an adopted general plan of arterial highways or on any tentative subdivision map approved by the city, any equipment or facilities for distributing any television signals or radio signals through a cable television communications system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

(B) It is unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable communication system within this city for the purpose of taking or receiving television signals, radio signals, pictures, programs or sound.

(C) It is unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable communication system within this city for the purpose of enabling himself or others to receive any television, radio signal, picture, program or sound, without payment to the owner of said system.

(D) It is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound. (Ord. 476, 10-25-1983)

(E) A violation of subsection (A), (B), (C), or (D) of this section, shall constitute an infraction punishable by a fine not exceeding two hundred fifty dollars ($250.00) for each and every offense. (Ord. 694-02, 8-20-2002)