Yolo County Municipal Code Art. 1 General Provisions

The purposes of this chapter include, but are not limited to, the promotion of the general welfare of the citizens of the County by:

(a) Establishing a plan for the licensing of cable television services within the County;

(b) Establishing a regulatory framework for the administration of licenses in order to insure that the potential recreational, technical, educational, social, economic and other advantages of cable television will in fact inure to the benefit of the citizens of the County;

(c) To provide for the equal and uniform provision of cable television services throughout the County;

(d) To insure that licensees have the requisite financial qualifications to promptly complete and operate the Cable Television System proposed to be constructed hereunder;

(e) To allow a mechanism whereby licensees may provide certain limited types of cable television service with lesser public benefits and burdens than they would incur if they chose to obtain a franchise pursuant to the provisions of Chapter 1 of this title.

(f) To regulate the operations of licensees for the purpose of protecting and promoting the public health, peace, safety, and welfare.

The provisions of this section shall not be deemed to confer any right upon a licensee which is not otherwise conferred by another express provision of this chapter. (§ 1, Ord. 1095, eff. July 27, 1989)

This chapter shall be known and may be cited and referred to as “The Cable Television Licensing Ordinance of the County of Yolo.” (§ 1, Ord. 1095, eff. July 27, 1989)

As used in this chapter, the following terms, phrases, and words shall be ascribed the following meanings, unless the context indicate otherwise. The word “shall” is mandatory, and the word “may” is permissive. Words not defined herein shall be given their common and ordinary meanings, consistent with the context in which such words are used and the purposes of this chapter.

“County” shall mean the County of Yolo, a political subdivision of the State of California.

“Cable television system” shall mean a system of antennae, cables, wires, lines, towers, waveguides, or other conductors, converters, amplifiers, headend equipment, master controls, earth stations, equipment and facilities designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing audio, video, and other forms of electronic or electrical signals within the County.

“CCPA” shall mean the Cable Communications Policy Act of 1984 (47 USC 521, et seq.).

“Encroachment permit” shall mean a permit issued to a licensee by the County pursuant to Division 2, Chapter 5.5 of the California Streets and Highways Code.

“Gross revenues” shall mean all cash, credits, property of any kind or nature or other consideration derived directly or indirectly by a licensee, its affiliates, subsidiaries, parents, and any other person or entity in which the licensee has a financial interest or which has a financial interest in the licensee, arising from or attributable to operation of the cable television system, including, but not limited to: (1) revenue from all charges for service provided to subscribers of entertainment and nonentertainment services (including leased access fees); (2) revenues from all charges for the insertion of commercial advertisements upon the Cable Television System; (3) revenue from all charges for the leased use of studios; (4) revenue from all equipment necessary for the utilization of the cable television system and the provision of subscriber and other services; and (5) the sale, exchange, or use of cablecast of any programming developed for community use or institutional users.

“Gross revenues” shall include, valued at retail price levels, the value of any goods, services, or other remuneration in nonmonetary form received by the licensee or others described above in consideration for performance by a licensee or others described above of any advertising or other service in connection with the cable television system.

“Gross revenues” shall not include (1) any taxes on services furnished by the licensee which are imposed directly upon any subscriber or user by the United States, State of California or government; (2) revenue received directly from the licensee by an affiliate, subsidiary or parent of the licensee or any other person or entity in which the licensee has a financial interest or which has a financial interest in the licensee, when the revenue received has already been included in the reported gross revenues as received by the licensee; and (3) revenue received by such an affiliate, subsidiary, parent, person or entity when the revenue received is from the sale of national advertising shown on programs distributed on a national basis by the affiliate, subsidiary, parent, person or entity and, but for this exception, that portion of the revenue attributable to broadcasts through the cable television system would be treated as gross revenues.

“Leased access” shall mean the use of a fee-for-service basis of the cable television system by business enterprises (whether profit, nonprofit, or governmental) to render services to the citizens of the County and shall include without limitation all use pursuant to Section 612 of the CCPA.

“Licensee” shall mean a person or entity to whom a license to construct and operate a cable television system is issued pursuant to the provisions of this chapter.

“Streets” shall mean the surface of and the space above and below any street, road, highway, freeway utility right-of-way or any other easement which now or hereafter exists for the provision of public or quasi-public services to residential or properties, and in which the county is expressly or impliedly authorized or empowered to permit use for the installation and operation of a cable television system.

“Subscriber” shall mean a lawful recipient of service from a cable television system.

“User” shall mean a party utilizing a cable television system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity. (§ 1, Ord. 1095, eff. July 27, 1989)

Except as otherwise provided by this chapter, streets within the county shall not be occupied by or used for a cable television system except under (1) a license issued pursuant to the provisions of this chapter, or (2) a franchise issued pursuant to the provisions of Chapter 1 of this title. (§ 1, Ord. 1095, eff. July 27, 1989)

No license issued pursuant to the provisions of this chapter shall be deemed to expressly or impliedly authorize the licensee to utilize poles owned by Pacific Gas and Electricity Company and Pacific Telephone or any public or private utility which are located within the streets, without the express consent of the utility. (§ 1, Ord. 1095, eff. July 27, 1989)

All notices and other writings authorized or prescribed by the provisions of this chapter to be “mailed” shall be deemed to have been given and served when deposited in the United States mail, postage prepaid, and addressed, with respect to a licensee to the office set forth in the license application as the main office for the licensee within the County, and with respect to other parties to the last known address of such party.

Any notice or other writing authorized or required by the provisions of this chapter to be “filed,” shall be deemed “filed” when received in the business office of the party with whom such notice or writing is authorized or required to be filed. (§ 1, Ord. 1095, eff. July 27, 1989)

It is declared that the provisions of this chapter are enacted pursuant to the police power authority conferred by Article 11, Section 7 of the California Constitution for the promotion and protection of the peace, health, safety, and general welfare of the citizens of the County. (§ 1, Ord. 1095, eff. July 27, 1989)

All zoning and other land use ordinances, building, electrical, plumbing and mechanical codes, business license ordinances and all other ordinances of general application now in existence or hereafter enacted by the County shall be fully applicable to the exercise of any license issued pursuant to provisions of this chapter, and the licensee shall comply therewith. In the event of a conflict between the provisions of this chapter and those of such an ordinance of general application, the provisions of such ordinance of general application shall prevail. (§ 1, Ord. 1095, eff. July 27, 1989)

Copies of all petitions, applications, communications, and reports submitted by a licensee to the FCC or any other Federal or State regulatory commission or agency having jurisdiction in respect to any matters affecting construction or operation of a cable television system or services provided through such a system, shall be filed simultaneously with the Clerk of the Board of Supervisors. Copies of responses or any other communications from the regulatory agencies to a licensee likewise shall be filed immediately on receipt with said Director. (§ 1, Ord. 1095, eff. July 27, 1989)

Except as otherwise expressly provided by this chapter, any judicial proceeding, whether for the recovery of damages or otherwise, brought for the purpose of adjudicating the validity of any provision of this chapter or amendments thereof shall be commenced not later than thirty (30) calendar days following the latter of: (1) the effective date of the provisions; or (2) the accrual of the cause of action. Any such judicial proceeding brought for the purpose of adjudicating the validity of any rule, order, regulation or determination which purports to have been made pursuant to the provisions of this chapter shall be commenced not later than thirty (30) calendar days following the date of adoption, issuance or making of such rule, order, regulation or determination. No judicial proceeding shall be commenced in violation of the limitations prescribed by this section.

The provisions of this section shall not be applicable to any judicial proceeding for the recovery of damages or otherwise, commenced by the County for breach or enforcement of the provisions of this chapter or any regulation or determination purporting to have been issued thereunder. (§ 1, Ord. 1095, eff. July 27, 1989)

The County hereby declares that as a result of the ordinance codified in this chapter and any license issued pursuant hereto, a possessory interest subject to property taxation may be created and any such property interest may be subject to property taxation if it is created. The licensee, as the party in whom the possessory interest will be vested, may be subject to the payment of property taxes levied upon such an interest. (§ 1, Ord. 1095, eff. July 27, 1989)

The inclusion within a municipality by reason of incorporation, annexation or other proceedings of territory lying within the licensed area of a license issued under this chapter shall not operate to divest the licensee of any authority granted by the license within the newly included territory. The terms and conditions of the license shall inure to the benefit of and bind the municipality as to any such newly included territory. The terms and conditions of the license shall continue to inure to the benefit of and bind the County as to any remaining unincorporated territory. The County and any such municipality may act independently in the exercise of any authority granted or in the claim of any benefits derived from the license. License fees based upon subscriber revenues shall be apportioned between the County and the municipality in accordance with the derivation of the subscriber revenue from either incorporated or unincorporated territory. License fees based upon other revenues shall be allocated between the County and the municipality in the same proportion as fees based upon subscriber revenue are allocated. (§ 1, Ord. 1095, eff. July 27, 1989)