Wasco Municipal Code Ch. 5.56 Community Antenna Television SYSTEM1

Sections: 5.56.010 Definitions. 5.56.020 Telephone facilities--Exclusive use. 5.56.030 Franchise--Granting. 5.56.040 Grantee--Permitted uses. 5.56.050 Franchise--Effect or preemption. 5.56.060 Franchise--Duration. 5.56.070 Payments. 5.56.080 Franchise--Limitations. 5.56.090 Right reserved to city. 5.56.100 Permits. 5.56.110 Grantee--Placement of facilities. 5.56.120 Grantee--Property removal or abandonment. 5.56.130 Grantee--Changes due to public improvements. 5.56.140 Grantee--Failure to perform work.

5.56.150 Grantee--Bond. 5.56.160 Grantee--Insurance requirements. 5.56.170 Grantee--Property and records--Inspection by city. 5.56.180 Operational standards. 5.56.190 Miscellaneous provisions. 5.56.200 Joint use of facilities--Agreement--Copies to be filed. 5.56.210 Franchise--Application--Contents--Approval--Conditions. 5.56.220 Franchise--Renewal. 5.56.230 Franchise--Acceptance--Effective date. 5.56.240 Violations.

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

"CATV" means a community antenna television system, as defined in this chapter.

"City" means the city of Wasco, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

"Community antenna television system" means a system of antenna, coaxial cables, wires, wave-guides, or other conductors, equipment or facilities designed constructed or used for the purpose of providing television or FM radio service by cable or through its facilities, as contemplated, in this chapter. CATV shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as "pay television."

"Council" means the present governing body of the city or any future board constituting the legislative body of the city.

"Franchise" means any authorization granted under this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the city. Any such authorization, in whatever term granted, shall not mean and include any license or permit required for the privilege of transaction and carry on a business within the city in accordance with this chapter and Chapter 5.04.

"Grantee" means the person, firm of corporation to whom or which a franchise, as defined in this chapter, is granted by the council under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation.

"Gross annual receipts" means any and all compensation and other consideration in any form whatever, and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals or service received within the city. Gross annual receipts shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit.

"Property of grantee" means all property owned, installed or used by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to this chapter.

"Street" means 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 as such within the city.

"Subscriber" means any person or entity receiving for any purpose the CATV service of a grantee. (Ord. 473 §1, 2002).

When and in the event that grantee of any franchise granted under this chapter constructs, operates and maintains a CATV system exclusively through telephone company facilities constructed, operated and maintained pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use of the streets independently of such telephone company facilities, said grantee shall be required to comply with all of the provisions of this chapter as a "licensee" and, in such event, whenever the term "grantee" is used in this chapter, it shall be deemed to mean and include "licensee." (Ord. 473 §1, 2002).

A nonexclusive franchise to construct, operate and maintain a CATV system within all or any portion of the city may be granted by the council to any person, firm or corporation, whether operating under an existing franchise or not, 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 grantee to one or more. (Ord. 473 §1, 2002).

A. 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 CATV system in the city, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, such poles, wires, cable, conductors, ducts, conduit vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system; and, in addition, to use, operate, and provide similar facilities or properties rented or leased from other persons, firms or corporations, including, but not limited to, a public utility or other grantee franchised or permitted to do business in the city.

B. The grantee may make a charge to subscribers for installation or connection to its CATV system and a fixed monthly charge.

C. In the event the Federal Communications Commission or the public utilities commission of the state of California or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of any franchise hereunder, then to the extent such jurisdiction shall preempt or preclude, the exercise of like jurisdiction by the city the jurisdiction of the city shall, to the extent so preempted or precluded, cease and no longer exist; provided, however, that the preemption or preclusion of the exercise by the city of any of its police power shall not diminish, impair, alter, or affect any contractual benefit to the city nor any contractual obligation of the grantee under any franchise issued hereunder. In this respect, any and all minimum standards governing the operation of grantee existing now and at any time in the future, including such time as any paramount jurisdiction shall preempt or preclude that of the city, and any and all rights, powers, privileges, and authorities of the city to determine, establish, or fix any of the same, are each and all declared by the city and by any grantee accepting any franchise hereunder to be contractual in nature and to be for the benefit of the city and all subscribers situated therein, and the agreement of grantee to accept and conform to such standards is declared by the city and by any grantee accepting any franchise hereunder to be of the most material and essential consideration for the grant of such franchise in the absence of which, in whole or in part, the city would not grant such franchise. (Ord. 473 §1, 2002).

In the event that the Federal Communications Commission or the public utilities commission of the state of California, or any other federal or state body or agency now or hereafter exercises any paramount jurisdiction over the subject matter of any franchise under this chapter, then to the extent such jurisdiction by the city, the jurisdiction of the city shall, to the extent so preempted or precluded, cease and no longer exist; provided, however, that the preemption or preclusion of the exercise by the city of any of its police power shall not diminish, impair, alter, or affect any contractual benefit to the city nor any contractual obligation of the grantee under any franchise issued under this chapter; and, in this respect, any and all minimum standards governing the operation of grantee and any and all maximum rates, ratios, and charges specified in this chapter or in any franchise issued under this chapter; and, in this respect, any and all minimum standards governing the operation of grantee and any and all maximum rates, ratios, and charges specified in this chapter or in any franchise issued under this chapter, existing now and at any time in the future, including such time as any paramount jurisdiction shall preempt or preclude that of the city and any and all rights, powers, privileges and authorities of the city to determine, establish, or fix any of the same, are each and all declared by the city and by any grantee accepting any franchise under this chapter to be contractual in nature and to be for the benefit of the city and all subscribers situated therein, and the agreement of grantee to accept and conform to such standards, rates, ratios, and charges is declared by the city and by any grantee accepting any franchise under this chapter to be of the most material and essential consideration for the granting of such franchise, in the absence of which, in whole or in part, the city would not grant such franchise. (Ord. 473 §1, 2002).

A. No franchise granted by the council under this chapter shall be for a term longer than twenty years following the date of acceptance of such franchise by the grantee or the renewal thereof.

B. Any such franchise granted under this chapter may be terminated prior to its date of expiration by the council in the event that the council has found, after thirty days’ notice of any proposed termination and public hearing, that:

1. The grantee has failed to comply with any provision of this chapter, or has, by act or omission violated any term or condition of any franchise or permit issued hereunder;

2. Any provision of this chapter has become invalid or unenforceable, and the council further finds that such provision constitutes a consideration material to the grant of said franchise; or

3. The city acquires the CATV system property of the grantee. (Ord. 473 §1, 2002).

A. Any grantee granted a franchise under this chapter shall pay to the city during the life of such franchise, a sum equal to a minimum five percent of the gross annual receipts of the grantee. Such payment by the grantee to the city shall be made annually or as otherwise provided in the grantee’s franchise, by delivery of the same to the city clerk.

B. The grantee shall file with the city, within ninety days after the expiration of any calendar year or portion thereof during which such franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the council, showing in detail the gross annual receipts as defined herein, of grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the city, within fifteen days after the time for filing such statements, the sum prescribed in this section or any unpaid balance thereof for the calendar year portion thereof covered by such statements.

C. In any year, or portion thereof, following the first full year service has been provided and during which payments under this section amount to less than eight hundred dollars per year, grantee shall pay the city as a minimum an amount equal to eight hundred dollars per year.

D. The city shall have the right to inspect the grantee’s records showing the gross receipts from which its franchise payments are computed, and the right of audit and recomputation of any and all amounts paid under this chapter. 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 or additional sums payable under this chapter or for the performance of any other obligation under this chapter.

E. In the event of any holding over after expiration or other termination of any franchise granted under this chapter without the consent of the city, the grantee shall pay to the city reasonable compensation and damages of not less than one hundred percent of its total gross profit during that period. (Ord. 473 §1, 2002).

A. Any 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 specifically prescribed herein.

C. Any privilege claimed under any such franchise by the grantee in any street or other public property shall by the subordinate to any prior lawful occupancy of the streets or other public property.

D. 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 sale, merger, consolidation or otherwise, without the prior consent of the council expressed by resolution 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 city clerk within thirty days after any such transfer or assignment. The consent of the council may not be arbitrarily refused; provided, however, that the proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter; and provided further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.

E. Time shall be of the essence of any such franchise granted under this chapter. The grantee shall not be relieved of his obligation to comply with any of the provisions of this chapter or by any failure of the city to enforce prompt compliance.

F. 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.

G. 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.

H. The grantee shall be subject to all requirements of city ordinances, rules regulations and specifications hereafter enacted or established.

I. Prohibited Activities of Grantee.

1. Grantee shall be prohibited from using or causing or permitting its subscriber list or other facilities to be used by any person, firm or corporation engaging directly or indirectly in the business of advertising any product or service, or of manufacturing, selling, leasing, renting, furnishing, providing, repairing or servicing any television, radio or other receiving apparatus or any part or component thereof; and such projection shall extend and apply to the officers and directors of grantee, to all general and limited partners of grantee, to any person or combination of persons owning, holding or controlling five percent or more of any corporate stock or other ownership interest of grantee, to any affiliated or subsidiary entity owned or controlled by grantee, or in which any officer, director, stockholder, general or limited partner, or group of persons owning, holding or controlling any ownership interest in grantee, shall own, hold or control five percent or more of any corporate stock or other ownership interest; and such prohibition shall likewise apply to any person, firm or corporation acting or serving in the capacity of a holding or controlling company of grantee.

   2. Grantee shall be prohibited from engaging directly or indirectly in the business of selling time space for the purpose of advertising on any signal transmitted or conducted by grantee, and grantee shall originate no advertising whatsoever on its system.

   3. Except as otherwise provided in this chapter, grantee shall be prohibited from deleting, revising or substituting any program of any television broadcast station, whether with or without the consent of such station, without the prior written approval for good cause shown of the C.A.O., and then only upon such terms as the C.A.O. shall prescribe.

   4. Grantee shall not enter or encroach upon or interfere with or obstruct any private property without the express consent of the owner or the agent in possessing thereof, and the authority and permission given in this chapter or by any franchise under this chapter shall not be construed to grant or imply any permission or license to do so.

J. 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.

K. Any franchise granted under this chapter shall be in lieu of any and all other right, 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 CATV system in the city; and the acceptance of any franchise under this chapter 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, 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 CATV system in the city shall be, 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. 473 §1, 2002).

A. Nothing in this chapter shall be deemed or construed to impair or affect, in any way and 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, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing contained in this chapter shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the city’s right of eminent domain.

B. There is reserved to the city every right and power which is required to be reserved or provided by any ordinance of the city, and the grantee, by its 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. Neither the granting of any franchise under this chapter nor any of the provisions contained in this chapter shall be construed to prevent the city from granting any identical, or similar franchise to any other person, firm or corporation, or similar, franchise to any other person, firm or corporation, within all or any portion of the city.

D. 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 if construction, operation, maintenance or otherwise on the part of the grantee.

E. Neither the granting of any franchise nor any provision of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the city.

F. 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 under this chapter. The city Clerk is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the city, the grantee, or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the council for hearing and determination. The council may accept reject or modify the decision of the city Clerk, and or cancel any charge arising from the operations of any grantee or from any provision of this chapter. (Ord. 473 §1, 2002).

A. Within ninety 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 any other permits, licenses and authorizations to be granted by duty constituted regulatory agencies having jurisdiction over the operation of CATV system, or their associated microwave transmission facilities.

B. Within ninety days after obtaining all necessary permits, licenses and authorizations, grantee shall commence construction and installation of the CATV system.

C. Within ninety days after the commencement of construction and installation of the system, grantee shall proceed to render service to subscribers, and the completion of the construction and installation of the system, grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for franchise, as provided in Section 5.56.210, shall be provided within one year from the date that service was first provided.

D. Failure on the part of the grantee to commence and to complete each of the matters set forth on this chapter, shall be grounds for termination of such franchise, under and pursuant to the terms of Section 5.56.060; provided, however, that the council in its discretion may extend the time for the commencement and completion of construction and installation for an additional period in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control. (Ord. 473 §1, 2002).

A. Any poles, wires cable lines, conduits or other properties of the grantee to be constructed or installed in streets, shall be so constructed or installed only at such locations and in such manner as shall be approved by the city clerk acting in the exercise of his reasonable discretion.

B. The grantee shall not install or erect any facilities or apparatus in or in other public property, places or rights- of-way, 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 but is designated or delineated as a proposed public street on any tentative subdivision map approved by the city, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the city clerk.

C. In those areas and portions of the city where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. For the purposes of this subsection, "underground" shall include a partial underground system, e.g. streamlining. Amplifiers in grantee’s transmission and distribution lines may be in appropriate housings upon the surface of the ground, as provided by the city clerk. (Ord. 473 §1, 2002).

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 months, or in the event such 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 or has expired, the grantee shall promptly, upon being given ten days’ notice, remove from the streets or public places all such property and poles of such system other than any which the city clerk may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street of other area from which such property has been removed to a condition satisfactory to the city clerk.

B. Any property of the grantee remaining in place thirty days after the termination or expiration of the franchise shall be considered permanently abandoned. The city clerk may extend such time, not to exceed such time, not to exceed an additional thirty days.

C. Any property of the grantee to be abandoned in place shall be abandoned in such manner as the city clerk 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 attorney an instrument to the city the ownership of such property. (Ord. 473 §1, 2002).

The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the city clerk by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies; provided, however, that the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in Section 5.56.120. (Ord. 473 §1, 2002).

Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed and to the satisfaction of the city clerk, the city clerk may, at his option, cause such work to be done, and the grantee shall pay to the city the cost thereof in the itemized amounts reported by the city clerk to the grantee within thirty days after receipt of such itemized report. (Ord. 473 §1, 2002).

A. The grantee shall, concurrently with the filling of and 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 any renewal in a company and in a form approved by the city attorney, in the amount of ten thousand dollars, renewable annually, and conditioned upon the faithful performance of grantee, and upon the further condition that in the event grantee shall fail to comply with any one or more of the provisions of this chapter or of any franchise issued to the grantee under this chapter, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed by this chapter which may be in default, plus a reasonable allowance for attorney’s fees and costs, up to the full amount of the bond; said condition to be a continuing obligation for the durations of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the city 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 days prior written notice of intention not to renew, cancellation, or material change, be given to the city. (Ord. 473 §1, 2002).

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 hundred thousand dollars, in a company approved by the city clerk and in a form satisfactory to the city attorney, indemnifying and saving 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 under this chapter.

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 under this chapter, 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 clerk and in a form satisfaction to the city attorney, protecting the city and all persons against liability for loss of damage for personal injury, death and property damage occasioned by the operations of grantee under such franchise, with minimum liability limits of five hundred thousand dollars for personal injury or death of any one person, and one million dollars for personal injury or death of two or more persons on any one occurrence, and fifty thousand dollars for damage to property resulting from any one occurrence.

C. The policies mentioned in the foregoing paragraph 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 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 named, then such policy shall contain the standard cross-liability endorsement. (Ord. 473 §1, 2002).

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. If any such maps or records are not kept in the city, or, upon reasonable request, made available in the city, and if the 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 clerk and the council, at the times and in the form prescribed by either of said officers, 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 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 showing the exact location of all CATV system equipment installed or in use in streets and other public places in the city.

D. The grantee shall file with the city clerk, on or before the last day in August of each year, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the city. (Ord. 473 §1, 2002).

The CATV system equipment installed and maintained in accordance with the highest and best accepted standards in the industry, to the effect that subscribers shall receive the highest possible service. In determining the satisfaction extent of such standards, the following criteria, among others, shall be considered:

A. That the system be installed using all band equipment capable of passing the entire VHF and FM spectrum, and that it have the further capability of converting UHF for distribution to subscribers on the VHF band;

B. That the system, as installed, be capable of passing standard color TV signals without the introduction, of material degradation on color fidelity and intelligence;

C. That the system and all equipment be designed and rated for twenty-four-hour per day continuous operation;

D. That the system provides a nominal signal level of two thousand microvolts at the input terminals of each TV receiver;

F. That the system signal-to noise ratio is not less than forty decibels;

F. That hum modulation of the picture signal is less than five percent; and

G. That the system use components having a VSWR of 1.4 or less. (Ord. 473 §1, 2002).

A. When not otherwise prescribed in this chapter, all matters required to be filed with the city shall be filed with the city clerk.

B. The grantee shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. Such payment shall be made within thirty days after the city franchise the grantee with a written statement of such expenses be delivery of same to the city clerk.

C. The grantee shall maintain an office within the city limits, or at a location which subscribers may call without incurring added message or toll charges, so that CATV maintenance service shall be promptly available to subscribers.

D. No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge. (Ord. 473 §1, 2002).

When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the city clerk. (Ord. 473 §1, 2002).

A. Application for a franchise under this chapter shall be in writing, shall be filed with the city clerk, and shall contain the following information:

1. The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main officers, major stockholders and associates, and the names and addresses of parent and subsidiary companies;

2. A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which applicant proposes to construct, install, maintain and operate the same; and, particularly the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system;

3. A description, in detail, of the public streets, public places and places and proposed public streets within which applicant proposes of seeks authority to construct, install or maintain any CATV equipment or facilities a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof;

4. A map specifically showing and delineating the proposed service area or areas within which applicant proposes to provide CATV services and for which a franchise is requested;

5. A statement or schedule, in a form approved by the council, of proposed rates and charges to subscribers for installation and services, and a copy of any proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required of more than one hundred fifty feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation as specified in the applicant’s proposal; may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the city, service may be made available on the basis of cost of materials, labor, and easements if required by the grantee;

6. A copy of any contract, existing, between the applicant and any public utility, providing for the use of facilities of such public utility, such as poles, lines or conduits;

7. A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm of corporation with respect to the proposed franchise of the proposed CATV operation. If a franchise is granted to a person, firm or corporation posing as a front for or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever;

   8. A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the council, showing applicant’s financial status and his financial ability to complete the construction and installation of the proposed CATV system;

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

B. Upon consideration of any such application, the council may refuse to grant the requested franchise, or the council may by ordinance grant a franchise for a CATV system to any such applicant as may appear from the application to be in its opinion best qualified to render proper and efficient CATV service to television viewers subscribers in the city. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.

C. Any franchise granted pursuant to this chapter shall include the following condition:

D. Inclusion of the statement on subsection (C) above in any such franchise shall not be deemed to limit the authority of the city to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise, pursuant to the authority conferred by this chapter. (Ord. 473 §1, 2002).

Any franchise granted under this chapter is renewable at the application of the grantee, in the same manner and upon the same terms and conditions as required in this chapter for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the council may at its option waive compliance with any or all of the requirements of Section 5.56.210. (Ord. 473 §1, 2002).

A. No franchise granted pursuant to the provisions of this chapter shall become effective until the ordinance granting same has become effective and, in addition, unless and until all things required in this section and Sections 5.56.150 and 5.56.160 are done and completed, all of such things being declared to be conditions precedent to the effectiveness of any franchise granted under this chapter. In the time and manner required, the council may declare the franchise null and void.

B. Within thirty 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 required by Sections 5.56.150 and 5.56.160 respectively, 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 satisfaction to and approved by the city attorney. (Ord. 473 §1, 2002).

A. From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person to establish, operate of carry on the business of distributing to any persons in this city any television signals or radio signals by means of a CATV system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

B. From and after the effective date of the ordinance codified in 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 any tentative subdivision map approved by the city any equipment of facilities for distributing any television signals or radio signals through a CATV 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.

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

D. It is unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, with any part of a franchised CATV system within this city for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound, without payment to the owner of said system.

F. It is unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cable, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound. (Ord. 473 §1, 2002).

1 For statutory provisions authorizing any city to license, authorize by franchise and regulate a community antenna television system, see Gov. Code § 53066.