Yolo County Municipal Code Art. 2 Issuance of Licenses

Applications for a license under the provisions of this chapter shall be made to the Board of Supervisors upon a form as established from time to time for that purpose by the Board of Supervisors or in the absence of such action, shall set forth the contents required by this article. (§ 1, Ord. 1095, eff. July 27, 1989)

Applications for a license shall include at a minimum:

(a) A clear description of the identity of the applicant, including but not limited to the name of the applicant, the address of the applicant, the nature of the business entity, evidence of the compliance of the business entity with all applicable law;

(b) Evidence that the applicant has applied (including the payment of all applicable fees) to the Department of Public Works for all applicable encroachment permits;

(c) Evidence that all aspects of the applicant’s cable television system comply with applicable zoning laws of the County;

(d) A map or maps of a scale of not less than one (1”) inch equals one hundred (100’) feet or such other scale as is specified for good cause by the Director of Public Works showing the precise geographic area for which applicant seeks a license (“license area”);

(e) Evidence that applicant has applied (including the payment of all applicable fees) to the Community Development Agency for building and electrical code review and approval of the plans and construction of the entire cable television system within the license area;

(f) Evidence of financial responsibility in the form of a performance bond conforming to Section 11-2.701 of this chapter;

(g) A nonrefundable application fee equal to one-quarter of one percent (.0025) of the principal penal amount of the initial performance bond established pursuant to Section 11-2.701 of this chapter, or such other sum as may be established by the Board of Supervisors, to cover the costs of review, issuance and enforcement of licenses issued pursuant to this chapter.

(h) A schedule of construction, as established by the applicant and reflected upon the map(s) provided pursuant to subsection (d)of this section, showing by a logical geographic progression which streets within the license area shall be constructed by the applicant within each calendar quarter during the period of construction;

(i) Detailed plans and specifications for the cable television system which is proposed by the applicant showing the location of line extenders, amplifiers, pedestal boxes and all repositories of active or passive equipment of any kind whatsoever;

(j) The process and schedule for notifying residents of the area affected of installation schedule, manner of installation, and manner of resolving disputes;

(k) A promise by the applicant at its sole expense, fully to indemnify, defend and hold harmless the County, and in their capacity as such, the officers, agents and employees thereof, from and against any and all claims, suits, actions, liability, and judgments for damages or otherwise, in connection with the application or performance authorized by any license issued hereunder in any way arising out of or through or alleged to arise out of or through the acts or omissions of the applicant or its officers, agents, employees, or contractors or to which the applicant or its officers’, agents’, employees’ or contractors’ acts or omissions in any way contribute;

(1) For actual or alleged injury to persons or property, including loss or use of property due to an occurrence, whether or not such property is physically damaged or destroyed;

(2) Arising out of or alleged to arise out of any claim for damages for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, firm or corporation;

(3) Arising out of or alleged to arise out of applicant’s failure to comply with the provisions of any statute, regulation or ordinance of the United States, State of California, or any local agency applicable to the licensee in its business; or

(4) Arising out of or alleged to arise out of:

(i) Any act or omission whereby applicant’s cable communications system is utilized to provide any service in such a manner as to unlawfully damage any business competitor or other third party or violate any statutes or regulations of the United States or State of California; or

(ii) Any anti-competitive practice in violation of any statutes or regulations of the United States or State of California. The provisions of this section shall be enforceable in courts of competent jurisdiction against an applicant by any party who alleges injury as a result of an alleged violation thereof.

Nothing herein shall be deemed to prevent the parties indemnified and held harmless from participating in the defense of any litigation by their own counsel at the applicant’s sole expense. Such participation shall not under any circumstances relieve the applicant from its duty of defense against liability or of paying any judgment entered against such party. (§ 1, Ord. 1095, eff. July 27, 1989)

The Board of Supervisors shall issue all licenses for which applications are received unless (1) the application shall fail to comply with the provisions of Section 11-2.202 or (2) any license theretofore issued to any 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 shall be thereupon in default as to any provision of this chapter or as to any provision of any license issued hereunder. Notwithstanding the provisions of Section 11-2.202, the Board of Supervisors may, in its discretion, issue licenses subject to the subsequent performance of conditions specified herein, provided that in any event all such requirements shall be fulfilled prior to the commencement of any construction within the license area. (§ 1, Ord. 1095, eff. July 27, 1989)

The term of all licenses issued pursuant to the provisions of this chapter shall be five (5) years. (§ 1, Ord. 1095, eff. July 27, 1989)

Any cable television system licensed pursuant to the provisions of this chapter shall provide equal and uniform cable television service, subject only to a reasonable construction schedule established by the applicant pursuant to Section 11-2.202(h), to all dwelling units within the license area defined by the applicant; provided, however, that no licensee shall be required to extend cable service to any dwelling unit that does not meet the requirements of Sections 11-2.402 and 11-2.413 of this chapter. (§ 1, Ord. 1095, eff. July 27, 1989)

The applicant shall define a license area whose contour, so far as is possible, shall follow streets. Within the perimeter of the contour, no dwelling units shall be excluded from service provided to the license area defined by the applicant, except pursuant to Section 11-2.402 of this chapter. (§ 1, Ord. 1095, eff. July 27, 1989)