Tuolumne County Municipal Code Ch. 4.08 Miscellaneous

Sections:

• 4.08.010 Captions

• 4.08.020 Calculation of Time

• 4.08.030 Severability

• 4.08.040 Connections to Cable Communications System; Use of Antennae

• 4.08.050 Discrimination Prohibited

• 4.08.060 Transitional Provisions

throughout this Title are intended solely to facilitate reading and reference to the sections and provisions of this Title. Such captions shall not affect the meaning or interpretation of this Title. (Ord. 2628 § 1, 2005)

indicated, when the performance or doing of any act, duty, matter, or payment is required under this Title or any Franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time. (Ord. 2628 § 1, 2005)

provision of this Title shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by Tuolumne County and shall thereafter be binding on the Franchisee and Tuolumne County. (Ord. 2628 § 1, 2005)

system; use of antennae.

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

B. Removal of existing antennae. A Franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the subscriber or potential subscriber, or prohibit installation of a new antenna, provided that such antenna is connected with an appropriate device and complies with applicable law. (Ord. 2628 § 1, 2005)

A. No retaliatory actions. A Franchisee shall not discriminate among persons or Tuolumne County or take any retaliatory action against a person or Tuolumne County because of that entity's exercise of any right it may have under federal, state, or local law, nor may a Franchisee require a person or Tuolumne County to waive such rights as a condition of taking service.

B. Employment and hiring practices. A Franchisee shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, sex, sexual orientation, age, disability, religion, ethnic background, or marital status. A Franchisee shall comply with all federal, state, and local laws and regulations governing equal employment opportunities, and hiring practices, as the same may be amended from time to time. (Ord. 2628 § 1, 2005)

A. Persons operating without a Franchise. The operator of any cable communications system facility installed as of the effective date of this Title, for which a Franchise is required under this Title, but for which no Franchise has been granted, shall have three months from the effective date of this Title to file one or more applications for a Franchise. Any cable communications system facility operator timely filing such an application under this Section 4.10.060 A shall not be subject to a penalty for

failure to have such a Franchise so long as said application remains pending; provided, however, nothing herein shall relieve any cable communications system operator of any liability for its failure to obtain any permit or other authorization required under other provisions of Tuolumne County Code, and nothing herein shall prevent the County from requiring removal of any facilities installed in violation of Tuolumne County Code.

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

C. Persons with pending applications.
Pending applications shall be subject to this Title.
A person with a pending application shall have 30 days from the effective date of this Title to submit additional information to comply with the requirements of this Title governing applications. (Ord. 2628 § 1, 2005)