Yucaipa Municipal Code Art. II Scope of Ordinance

A grant of authority to operate a cable system in the city and the right to use and occupy the city and streets for the purposes herein set forth shall not be exclusive. The city reserves the right, at its discretion, to grant cable service provider franchises for the same service area to other franchisees without limitation.

(Ord. 205 § 3, 2001)

All operations of the franchisee (including storage of materials) in city-owned buildings or upon city-owned property shall be confined to areas authorized or approved by the cable administrator.

(Ord. 205 § 3, 2001)

An application for an initial cable service provider franchise shall be submitted to the city, on a written application form furnished by the city, and in accordance with the procedures, schedule and non-refundable application fee established by the city to determine the legal, financial, technical, character and other qualifications of an applicant to provide cable service.

(Ord. 205 § 3, 2001)

Within ninety (90) days after the effective date of a franchise, a franchisee shall proceed with due diligence to obtain, at its own costs all necessary permits, licenses, and authorizations which are required in the conduct of its business including, but not limited to, any business license, utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of cable systems, or their associated microwave transmission facilities. A franchisee shall have such permits and licenses prior to the commencement of its cable system operations.

(Ord. 205 § 3, 2001)

A franchisee shall comply with all applicable nondiscrimination and affirmative action requirements of any laws, regulations, and executive directives of the state of California.

(Ord. 205 § 3, 2001)

A franchisee shall not discriminate in its employment practices against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, or disability.

(Ord. 205 § 3, 2001)

Immediately after the effective date of a franchise agreement, if available, and annually thereafter, a franchisee shall submit to the city a copy of its FCC Form 395-A, "Annual Employment Report," or any equivalent form.

(Ord. 205 § 3, 2001)

To the extent required by law, a franchisee shall provide opportunities for small businesses, minority-owned businesses, and women-owned businesses to participate in procurement under the agreement.

(Ord. 205 § 3, 2001)

Cable service providers shall provide complimentary installation and basic cable and other communication services to locations specified in the renewal proposal or agreement, if any.

(Ord. 205 § 3, 2001)

The franchisee agrees to conduct all of its construction, installation and maintenance activities in accordance with the health, fire and safety regulations and policies of the city and all other applicable local, state and federal statutes and regulations. The applicable regulations shall be made available for review in the office of the cable administrator. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, "liquidated damages."

(Ord. 205 § 3, 2001)

The franchisee and all employees will obey all city regulations while on city property. The city will supply, upon written request, a copy of applicable regulations. The city will enforce regulations, regardless of whether or not the franchisee has requested copies.

(Ord. 205 § 3, 2001)

In soliciting subscribers following execution of the ordinance codified in this title, the franchisee shall under no circumstances purport to offer its services as an officially sanctioned or recommended benefit or in any other way convey the impression that subscription is anything other than totally voluntary on behalf of subscribers.

(Ord. 205 § 3, 2001)