HomeMy WebLinkAbout1972-12-21; City Council; 1019; Cable Television Ordinance•THE, CITY O F C A R L S B A .CALIFORNIA
Agenda Bill No. J & /y
Referred To: City Council
Date: December 21, 1972
Subject:Cable Television Ordinance Submitted By:
Jerome N. Pieti
Administrative Intern
Statement of the Matter
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The first step in bringing cable television to the City of Carlsbad
is the enactment of an enabling ordinance. This ordinance establishes
the procedure and authority for the award of a franchise and the sub-
sequent regulation of cable television. The ordinance offered for
consideration is lengthy and detailed and is offered with the assumption
additional information will be desired by the Council.
Exhibit
An Ordinance of the City of Carlsbad Establishing a Procedure for
Granting of Franchises for Cable Television Service, previously
submi tted.
the
Staff Recommendations
Staff recommends Council receive the offered ordinance and determine
the methods to be used for further study of the ordinance prior to
enactment.
AB .Wo. Date
City Manager's Recommendation
If the Council at the conclusion of the hearing finds the proposed
ordinance acceptable, the recommended action is to direct by motion
the City Attorney to prepare the measure in ordinance form for
introduction at the next meeting.
Council Action
2-6-73 The public hearing was closed, and the Council requested that all
interested parties be notified and given a copy of the proposed
ordinance for their comments. Further that the comments made at
the public hearing be checked and incorporated in the ordinance,
and the matter returned to the City Council at the regular meeting
of March 20, 1973.
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AN ORDINANCE OF THE CITY OF CARLSBAD
ESTABLISHING A PROCEDURE FOR THE GRANTING OF
FRANCHISES FOR CABLE TELEVISION SYSTEMS
The City Council of the City of Carlsbad does ordain as follows:
Section 1 - Definitions
For the purposes of this ordinance, the following terms, phrases, words
abbreviations, and their derivations shall have the meaning given herein
When not inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the sin-
gular number, and words in the singular number include the plural number,
(a) "City" shall mean the city of CARLSBAD, a municipal corporation of
the State of California, in its present incorporated form or in any
later reorganized, consolidated, enlarged or re-incorporated form.
(b) "Council" shall mean the present governing body of the City of
Carlsbad or any future board constituting the legislative body of
the City.
(c) "Chief Administrative Officer" shall mean the city manager, city
administrator, or other designation of the city's chief executive
officer, or any designee therof.
(d) "Franchise" shall mean and include any authorization granted here-
under in terms of a franchise, privilege, permit, license or other-
wise to construct, operate and maintain a cable television system
within all or a specified area in the City. Any such authorization,
in whatever form granted, shall not mean and include any license
or permit required for the privilege of transacting and carrying
on a business within the City as required by other ordinances and
laws of this City.
(e) "Person" shall mean any natural person and al 1' domesti c and foreign
corporations, associations, syndicates, joint stock corporations,
partnerships of every kind, clubs, business or common law trusts,
and societies.
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(f) "Grantee" shall mean the person, firm or corporation granted a
franchise by the Council under this ordinance, and the lawful
successor, transferee or assignee of said person, firm or cor-
poration.
(g) "Street" shall mean the surface, the air space above the surface
and the area below the surface of any public street, other public
right of way or public place, including public utility easements.
(h) "Property of Grantee" shall mean all property owned, installed,
or used within the City by a Grantee in the conduct of a cable
television system business under the authority of a franchise
granted pursuant to this ordinance.
(i) "Subscriber" or "User" shall mean any person or entity receiving
for any purpose any service of the Grantee's cable television
system service of retransmission of television broadcast, radio
signals, Grantee's original cab!ecasting, and the local government,
education and public access channels; and other services, such as
leasing of channels, date and facsimile transmission, pay television,
and police, fire and similar public service communication.
(j) "Cable television system;" "CATV," and "CTV," for the purpose of
this ordinance, are terms describing a system employing antennae,
micro-wave, wires, wave-guides, coaxial cables, or other conductors,
equipment or facilities, designed, constructed or used for the
purpose of:
(1) collecting and amplifying local and distant broadcast television
or radio signals and distributing and transmitting them;
(2) transmitting original cablecast programming not received through
television broadcast signals;
(3) transmitting television pictures, film and video-tape programs,
not received through broadcast television signals, whether or
not encoded or processed to permit reception by only selected
recei vers;
(4) transmitting and receiving all other signals; digital, voice
and audio-visual :
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provided, however, that any of theirservices, permitted here-
under to be performed, as described above, shall be those per-
formed by the Grantee for subscribers, as herein defined, in the
operation of a cable television or CATV system franchised by the
City and not otherwise.
(k) "Gross receipts ," as used in the following categories, shall
mean any and all compensation, in whatever form, grant, subsidy,
exchange, or otherwise, directly or indirectly received by a grantee,
not including any taxes or services furnished by the Grantee im-
posed directly on any subscriber or user by a city, county, state
or other governmental unit, and collected by the Grantee for such
enti ty.
(1) "Gross Annual Basic Subscriber Receipts" shall mean any and all
compensation and other consideration received directly or in-
directly by the Grantee from subscribers in payment of the regularly
furnished service of the cable television system in the transmission
of broadcast television, radio signals and original cablecast
programming of the Grantee.
(m) "Gross Annual N o n - b as i c Service Re c e i p t s" shall mean any and all
compensation and other consideration received directly or in-
directly by the Grantee from subscribers or users in payment for
the receipt of signals other than broadcast television, radio, or
original cablecast programming of the Grantee, whether for "pay
television," "facsimile" transmission, "return" or "response"
communication, and whether or not transmitted encoded or processed
to permit reception by only selected subscribers.
(n) "Gross Annual Advertising Receipts" shall mean any income, com-
pensation and other consideration received by Grantee derived
from any form of advertising.
(o) "G ros s An nua 1 L e a s e Receipts" shall mean any fees or income re-
ceived by Grantee for the lease or rental, and compensation for
any service in connection therewith, such as studio and equipment
rental and production costs, of any channel permitted or desig-
nated by the Federal Communications Commission to be so leased
or rented.
Section 2 - Franchise to install and operate.
(a) A non-exclusive franchise to install, construct, operate, and
maintain a cable television system on streets within all or a
specific portion of the City may be granted by the Council to
any person, whether operating under an existing franchise, who or
which offers to furnish and provide such system under and pur-
suant to the terms and provisions of this ordinance.
No provision of this ordinance 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
Grantees to one or more.
(b) When and in the event that the Grantee of any franchise granted
hereunder uses in his cable television system distribution chan-
nels furnished to the Grantee by a telephone company pursuant to
tariff or contract on file with a regulatory body having juris-
diction and said Grantee makes no use of the streets independent
of such telephone company-furnished facilities, said Grantee shall
be required to comply with all of the provisions hereof as a
"Licensee" and in such event whenever the term "Grantee" is used
herein it shall be deemed to mean and include "Licensee."
Section 3 - Cable television service.
(a) Basic Service. The cable television system permitted to be in-
stalled and operated hereunder shall:
(1) be operationally capable of relaying to subscriber terminals
those television and radio broadcast signals for the carriage
of which the Grantee is now or hereafter authorized by the
Federal Communications Commission;
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(2) be constructed with the potential of two-way digital signal
transmi ssion;
(3) distribute color television signals which it receives in color;
(4) provide at least one (1) channel, without charge, for exclusive
use of the City;
(5) provide at least one (1) channel each for those educational
and public access uses as now or hereafter required by the
Federal Communications Commission for systems operating in the
top 100 markets ;
(6) have a minimum capacity of 20 channels.
(b) Non-basic services. The cable television system permitted to be
installed and operated hereunder, may also engage in the business
of:
(1) transmitting original cablecast programming not received
through television broadcast signals;
(2) transmitting television pictures, film and video-tape pro-
grams, not received through broadcast television signals,
whether or not encoded or processed to permit reception by
only selected receivers or subscribers;
(3) transmitting and receiving all other signals: digital, voice
and audio-visual.
(c) Subscriber complaints. In addition to other service regulations
adopted by the Council, and excepting circumstances beyond Grantee's
control, such as Acts of God, riots and civil disturbances, and in
providing the foregoing services, the Grantee shall:
(1) limit system failures to minimum time duration by locating and
correcting malfunctioning promptly, but in no event longer than
twenty-four (24) hours after occurrence, irrespective of
holidays or other non-business hours.
(2) upon complaint by a subscriber, make a demonstration satis-
factory to the chief administrative officer that a signal is
being delivered which is of sufficient strength and quality to
meet the standards set forth in the regulations of the Federal
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Communications Commission, or in regulations hereafter adopted
by the Counci1 ;
(3) render efficient service, making repairs promptly and inter-
rupting service only for good cause and for the shortest time
possible. Planned interruptions, insofar as possible, shall
be preceded by notice given to subscribers twenty-four (24)
hours in advance and shall occur during periods of minimum
use of the system.
(4) maintian an office in the city, which office shall be open
during all the usual business hours, with its telephone listed
in the directories of the telephone company serving the city,
and be so operated that complaints and requests for repairs
or adjustments may be received at any time, day or night,
seven days a week.
(5) maintain a written record, or "log," listing date of customer
complaints, identifying the subscriber and describing the
nature of the complaint, and when and what action was taken
by the Grantee in response thereto; said record shall be kept
at Grantee's local office, for a period of five (5) years from
the date when the system is first energized, and shall be
available for inspection during regular business hours, with-
out further notice or demand, by the chief administrative
of fi cer.
(d) Municipal service.
(1) With respect to the local government channel, the Grantee
shall provide, at the request of the chief administrative
officer, and upon City reimbursement of Grantee's actual cost,
use of Grantee's studio, equipment and technical services for
production of live and video-tape municipal programs, subject
to scheduling requirements of the Grantee;
(2) With respect to the basic television services, the Grantee
shall provide all subscriber services, and a tie-in connection,
without cost, when the system passes such facilities and as
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designated by the Council, to
(i) public schools and community colleges within the
City, and
(ii) buildings owned and controlled by the City, used for
public purposes and not for residential use (fire and
police stations excepted.)
(e) Compatibility and connectibi1ity.
(1) It is the desire of the City that all cable television systems
franchised hereunder shall, insofar as financially and tech-
nically possible, be compatible one with another and with
systems adjacent to the City.
(2) Wherever it is financially and technically feasible, the Grantee
shall so construct, operate and modify the system so as to tie
the same into all other systems within and adjacent to the City.
(f) Uses permitted. Any franchise granted pursuant to the provisions
of this ordinance shall authorize and permit the Grantee to engage
in the business of operating and providing a cable television
system in the City, and for that purpose to erect, install, con-
struct, repair, replace, reconstruct, maintain and retain in, on,
over, under, upon, across and along any street, such poles, wires,
cable, conductors, ducts, conduit, vaults, manholes, amplifiers,
and appliances, attachments, and other property as may be necessary
and appurtenant to the cable television system; and, in addition,
so to use, operate, and provide similar facilities or properties
rented or leased from other persons, firms or corporations, in-
cluding but not limited to any public utility or other Grantee
franchised or permitted to do business in the City.
Section 4 - Franchise payments.
(a) In consideration of the granting and exercise of a franchise to use
the streets, as herein defined, for the operation of a cable tel-
evision system, any Grantee shall pay to the City, during the life
of the franchise the following:
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(1) a percentage of its Gross Annual Basic Subscriber Receipts;
(2) a percentage of its Gross Annual Non-basic Service Receipts;
(3) a percentage of its Gross Annual Advertising Receipts;
(4) a percentage of its Gross Annual Lease Receipts.
(b) The percentage payments shall be made in the manner, amounts and
at times directed in said franchise or in a Council resolution fixing
franchise fees and adopting rules for service and rate regulation.
(c) The City shall have the right to inspect the Grantee's revenue
records under the franchise and the right of audit and recompu-
tation of any and all amounts payable under this ordinance; the
cost of said audit shall be borne by Grantee when the same results
in increasing, by more than 2%, the Grantee's annual payment to
the City.
(d) 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 ordinance or for
the performance of any other obligation hereunder.
Section 5 - Franchise term: duration and termination.
(a) The franchise granted by the Council under this ordinance shall
be for a term of fifteen (15) years from the date of its acceptance
by the Grantee.
(b) The City may terminate any franchise granted pursuant to the pro-
visions of this ordinance in the event of the willful failure,
refusal or neglect by Grantee to do or comply with any material
requirement or limitation contained in this ordinance, or any
material rule or regulation of the Council or chief administrative
officer validly adopted pursuant to this ordinance.
(c) The chief administrative officer may make written demand that the
Grantee do or comply with any such requirement, limitation, term,
condition, rule or regulation. If the failure, refusal or neglect
of the Grantee continues for a period of thirty (30) days following
such written demand, the chief administrative officer may place
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his request for termination of the franchise upon the next regular
Council meeting agenda. The chief administrative officer shall
cause to be served upon such Grantee, at least ten (10) days prior
to the date of such Council meeting, a written notice of his intent
to request such termination, and the time and place of the meeting,
notice of which shall be published by the city clerk at least once
ten (10) days before such meeting in a newspaper of general cir-
culation within the city.
(d) The Council shall consider the request of the chief administrative
officer and shall hear any persons interested therein, and shall
determine, in its discretion, whether or not any failure, refusal
or neglect by the Grantee was with just cause.
(e) If such failure, refusal or neglect by the Grantee was with just
cause, the Council shall direct the Grantee to comply within such
time and manner and upon such terms and conditions as are reasonable
(f) If the Council shall determine such failure, refusal or neglect
by the Grantee was without just cause, then the Council may, by
resolution, declare that the franchise of such Grantee shall be
terminated and forfeited unless there be compliance by the Grantee
within such period as the Council may fix.
(g) The termination and forfeiture of any franchise shall in no way
effect any of the rights of the City under the franchise or any
provi si on of 1 aw.
(h) In the event of any holding over after expiration or other ter-
mination of any franchise granted hereunder, without the prior
consent of the City, expressed by resolution, the Grantee shall
pay to the City reasonable compensation and damages, of not less
than one hundred percent (100%) of its gross revenue during said
period.
Section 6 - Applications for franchise.
(a) Each application for a franchise to construct, operate, or maintain
any cable television systems in this City shall be filed with the
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City Clerk and shall contain or be accompanied by the following:
(1) The name, address, and telephone number of the applicant;
(2) A detailed statement of the corporate or other business entity
organization of the applicant, including but not limited to,
the following and to whatever extent required by the City:
(i) The names, residence and business addresses of all
officers, directors, and associates of the applicant.
(ii) The names, residence and business addresses of all
officers, persons and entities having, controlling, or
being entitled to have or control of 5% or more of the
ownership of the applicant and the respective ownership
share of each such person or entity.
(iii) The names and addresses of any parent or subsidiary of
the applicant, namely, any other business entity owning
or controlling applicant in whole or in part or owned
or controlled in whole or in part by the applicant, and
a statement describing the nature of any such parent or
subsidiary business entity, including but not limited to
cable television systems owned or controlled by the ap-
plicant, its parent and subsidiary and the areas served
thereby.
(iv) A detailed description of all previous experience of the
applicant in providing cable television system service
and in related or similar fields.
(v) A detailed and complete financial statement of the ap-
plicant, prepared by a certified public accountant, for
the fiscal year next preceding the date of the application
hereunder, or a letter or other acceptable evidence in
writing from a recognized lending institution or
funding source, addressed to both the applicant and the
Council, setting forth the basis for a study performed
by such lending institution or funding source, and a
clear statement of its intent as a lending institution
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or funding source, addressed to both the applicant and
the Council, setting forth the basis for a study per-
formed by such lending institution or funding source,
and a clear statement of its intent as a lending insti-
tution or funding source to provide whatever capital
shall be required by the applicant to construct and
operate the proposed system in the City, and a state-
ment from a certified public accountant, certifying
that the applicant has available sufficient free, net
and uncommitted cash resources to construct and operate
the proposed system in this City,
(vi) A statement identifying, by place and date, any other
cable television franchise(s) awarded to the applicant,
its parent or subsidiary; the status of said franchise(s)
with respect to completion thereof; the total cost of
completion thereof; the total cost of completion of such
system(s); and the amount of applicant's and its parent's
or subsidiary's resources committed to the completion
thereof,
(b) A detailed description of the proposed plan of operation of the
applicant which shall include, but not be limited to, the following:
(1) A detailed map indicating all areas proposed to be served, and
a proposed time schedule for the installation of all equipment
necessary to become operational throughout the entire area to
be served.
(2) A statement or schedule setting forth all proposed classifications
of rates and charges to be made against subscribers and all rates
and charges as to each of said classifications, including instal-
lation charges and service charges.
(3) A detailed, informative, and referenced statement describing
the actual equipment and operational standards proposed by the
applicant. In no event shall said operational and performance
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standards be less than those contained in Title 47, Subpart
K (Sections 76.601 et seq.), Rules and Regulations, Federal
Communications Commission, adopted Febraury 2, 1972, and as
amended.
(4) A copy of the form of any agreement, undertaking, or other
instrument proposed to be entered into between the applicant
and any subscriber.
(5) A detailed statement setting forth in its entirety any and
all agreements and undertakings, whether formal or informal,
written, oral, or implied, existing or proposed to exist be-
tween the applicant and any person, firm, or corporation which
materially relate or pertain to or depend upon the application
and the granting of the franchise.
(d) A copy of any agreement covering the franchise area, if existing
between the applicant and any public utility subject to regulation
by the California Public Utilities Commission providing for the
use of any facilities of the public utility, including but not
limited to poles, lines, or conduits.
(e) Any other details, statements, information or references pertinent
to the subject matter of such application which shall be required
or requested by the Council, or by any provision of any other
Ordinance of the City ( and of its Charter.).
(f) An application fee in the sum of $300.00, which shall be in the
form of cash, certified or cashier's check, or money order, to pay
the costs of studying, investigating, and otherwise processing
such application, and which shall be in consideration thereof
and not returnable or refundable in whole or in part, except to
the extent that such fee exceeds the actual costs incurred by
the City in studying, investigating and otherwise processing the
application; provided, that any applicant who shall deliver to
the City Clerk a written withdrawal of or cancellation of any
application hereunder, not later than the seventh (7th) day next
following the day such application is received by the City Clerk,
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shall be entitled to have returned and refunded the sum of $250.00,
less any actual costs or expenses incurred by the City by reason
of such application.
(g) The Council may, by advertisement or any other means, solicit and
call for applications for cable television system franchises, and
may determine and fix any date upon or after which the same shall
be received by the City, or the date before which the same must be
received, or the date after which the same shall not be received,
and may make any other determinations and specify any other times,
terms, conditions, or limitations respecting the soliciting, calling
for, making and receiving of such applications.
The Grantee shall pay to the City a sum of money sufficient to re-
imburse it for all publication expenses incurred by it in connection
with the granting of a franchise pursuant to the provisions of this
ordinance. Such payment shall be made within thirty (30) days after
the City furnishes the Grantee with a written statement of such
expenses.
(h) Upon receipt of any application for franchise, the Council shall
refer the same to the chief administrative officer who shall pre-
pare a report and make his recommendations respecting such appli-
cation, and cause the same to be completed and filed with the
Council within 120 days.
(i) In making any determination hereunder as to any application the
Council may give due consideration to the quality of the service
proposed, rates to subscriber, income to the City, experience,
character, background, and financial responsibility of any ap-
plicant, and its management and owners, technical and performance
quality of equipment, willingness and ability to meet construction
and physical requirements, and to abide by policy conditions,
franchise limitations and requirements, and any other consider-
ations deemed pertinent by the Council for safeguarding the interests
of the City and the public. The Council, in its discretion, shall
determine the award of any franchise on the basis of such considerations
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and without competitive bidding.
If the Council shall determine to reject such application, such
determination shall be final and conslusive, and the same shall
be deemed rejected.
(j) If the Council shall determine to further consider the appli-
cation, the following shall be done:
(1) The Council shall decide and specify the terms and conditions
of any franchise to be granted hereunder and as herein pro-
vided.
(2) The Council shall pass its resolution of intention to con-
sider the granting of such a franchise, giving notice of
receipt of the application, and describing the character of
the franchise desired, stating the name of the proposed
Grantee, the character of the franchise, the terms and
conditions upon which such franchise is proposed to be granted,
that copies of the proposed franchise may be obtained at the
office of the City Clerk, fixing and setting forth a day, hour,
and place certain when and where any persons having any interest
therein or objection to the granting thereof may file written
protests and appear before the Council and be heard, and
directing the City Clerk to publish said resolution at least
once within ten (10) days of the passage thereof in a news-
paper of general circulation within the City.
(k) At the time set for the hearing, or at any adjournment thereof, the
Council shall proceed to hear all written protests. Thereafter,
the Council shall make one of the following determinations:
(1) That such franchise be denied; or
(2) That such franchise be granted upon the terms and conditions
as specified in the resolution of intention to grant the same; or
(3) That such franchise be granted, but upon the terms and conditions
different from those specified in the resolution of intention
to grant the same.
(1) If the Council shall determine that a franchise be denied such
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determination shall be expressed by resolution and shall be final
and conclusive.
If the Council shall determine that a franchise be granted upon
the terms and conditions as specified in the resolution of in-
tention to consider granting the same, such determination shall
be expressed by ordinance granting a franchise to the applicant.
If the Council shall determine upon granting a franchise upon
terms and conditions different from those specified in the res-
olution of intention to consider granting the same, then such
determination shall be expressed by resolution adopted prior to
granting a franchise by ordinance.
Section 7 - Bonds: Indemnifications; Insurance.
(a) Performance Bond to City. Upon being granted a franchise, and
upon the filing of the acceptance required under Section 8 hereof,
the Grantee shall file with the City Clerk and shall thereafter,
annually, during the entire term of such franchise, maintian in
full force and effect a corporate surety bond or other adequate
surety agreement in 3uch amount and kind as shall have been ap-
proved by the Council. The bond or agreement shall be so con-
ditioned that in the event that Grantee shall fail to comply
with any one or more of the provisions of this ordinance or of
such franchise, then there shall be recoverable jointly and sev-
erally from the principal and surety any damages or loss, or costs
suffered or incurred by the City as a result thereof, including
attorneys' fees and costs of any action or proceeding, and in-
cluding the full amount of any compensation, indemnification, cost
of removal or abandonment of any property or other costs which may
be in default, up to the full principal amount of such bond. Said
condition shall be a continuing obligation during the entire term
of such franchise and thereafter until Grantee shall have satisfied
in full any and all obligations to the City which arise out of or
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pertain to said franchise. Neither the provisions of this Section,
nor any bond accepted by the City pursuant hereto, nor any damages
recovered by the City thereunder shall be construed to excuse
faithful performance by the Grantee, or limit the liability of the
Grantee under any franchise issued pursuant to this ordinance or
for damages either to the full amount of the bond, or otherwise.
(b) Performance Bond for Subscribers. Upon being granted a franchise,
and upon filing of the acceptance required under Section 8 hereof,
the Grantee shall file, annually, with the City Clerk and shall
thereafter during the entire term of such franchise maintain in
full force and effect a corporate surety bond, or other adequate
surety agreement, in the amount as shall have been approved by
the Council. The bond or agreement shall be so conditioned that
in the event such Grantee shall fail to comply with any one or
more of the provisions of any agreement or undertaking made be-
tween Grantee and any subscriber, then there shall be recoverable
jointly and severally from the principal and.surety any damages
or costs suffered or incurred by any subscriber as a result thereof,
including reasonable attorneys' fees and costs of any action or
proceeding. Said condition shall be a continuing obligation during
the entire term of such franchise and thereafter until Grantee
shall have satisfied in full any and all obligations to any sub-
scriber which arise out of or pertain to any such agreement or
undertaking.
(c) Hold Harmless Agreement. Grantee shall indemnify and hold harmless
the City, its officers, boards, commissions, agents, and employees,
against and from any and all claims, demands, causes of actions,
actions, suits, proceedings, damages (including but not limited to
damages to City property and damages arising out of copyright in-
fringements, and damages arising out of any failure by Grantee to
secure consents from the owners, authorized distributors or
•licensees of programs to be delivered by Grantee's cable television
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system), costs or liabilities (including costs or liabilities of
the City with respect to its employees), of every kind and nature
whatsoever, including but not limited to damages for injury or
death or damage to person or property, and regardless of the merit
of any of the same, and against all liability to others, and against
any loss, cost, and expense resulting or arising out of any of the
same, including any attorney fees, accountant fees, expert witness
or consultant fees, court costs, per diem expense, traveling and
transportation expense, or other costs or expense arising out of
or pertaining to the exercise or the enjoyment of any franchise
hereunder by Grantee, or the granting thereof by the City.
(d) Defense of Litigation. Grantee shall at the sole risk and expense
of Grantee, upon demand of the City, made by and through the City
Attorney, appear in and defend any and all suits, actions, or other
legal proceedings, whether judicial, quasi-judicial, administrative,
legislative, or otherwise, brought or instituted or had by third
persons or duly constituted authorities, against or affecting the
City, its officers, boards, commissions, agents, or employees, and
arising out of or pertaining to the exercise or the enjoyment of
such franchise, or the granting thereof by the City,
Grantee shall pay and satisfy and shall cause to be paid and sat-
isfied any judgment, decree, order, directive, or demand rendered,
made or issued against Grantee, the City, its officers, boards,
commissions, agents, or employees in any of these premises; and such
indemnity shall exist and continue without reference to or limita-
tion by the amount of any bond, policy of insurance, deposit,
undertaking or other assurance required hereunder, or otherwise;
provided, that neither Grantee nor City shall make-or enter into
any compromise or settlement of any claim, demand, cause of action,
action, suit, or other proceeding, without first obtaining the
written consent of the other.
(e) Insurance Required. Upon being granted a franchise, and upon the
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filing of the acceptance required under Section 8 hereof, the
Grantee shall file with the City Clerk and shall thereafter during
the entire term of such franchise maintain in full force and effect
at its own cost and expense each of the following policies of
insurance:
(1) General Comprehensive Liability Insurance in the amount of
$1,000,000.00, together with Bodily Injury Liability In-
surance in the amount not less than $50,000.00 for injuries
including accidental death, to any one person, and subject
to the same limit for each person in an amount not less than
$300,000.00 on account of any one occurrence, and Property
Damage Liability Insurance in an amount not less than
$2,000,000.00 resulting from any one occurrence; provided,
however, as follows:
(i) The City shall be named as an additional insured in any
of said insurance policies; and
(ii) Where such insurance is provided by a policy which
also covers Grantee or any other entity or person, it
shall contain the standard cross-liability endorsement.
Section 8 - Acceptance of the Franchise.
(a) No franchise granted under this ordinance shall become effective
for any purpose unless and until written acceptance thereof shall
have been filed with the City Clerk. Written acceptance, which
shall be in the form and substance approved by the City Attorney,
shall also be and operate as an acceptance of each and every term
and condition and limitation contained in this ordinance, or in
such franchise, or otherwise specified as herein provided.
(b) The written acceptance shall be filed by the Grantee not later
than 12:01 o'clock P.M. of the forieth (40th) day next following
the effective date of the ordinance granting such franchise.
(c) In default of the filing of such written acceptance as herein re-
quired, the Grantee shall be deemed to have rejected and repudiated
19.
the franchise. Thereafter, the acceptance of the Grantee shall
not be received nor filed by the City Clerk. The Grantee shall
have no rights, remedies, or redress in the premises, unless and
until the Council, by resolution, shall determine that such ac-
ceptance be received or filed, and then upon such terms and con-
ditionsastheCouncilmayimpose.
(d) In any case, and in any instance, all rights, remedies and re-
dress in these premises which may or shall be available to the
City, shall at all times be available to the City, and shall be
preserved and maintained and shall continuously exist in and to
the City, and shall not be in any manner or means modified, abridged,
altered, restricted, or impaired by reason of any of these premises,
or otherwise.
(e) Any franchise granted and accepted under this ordinance shall be
in lieu of any and all other rights, privileges, powers, im-
munities, and authorities owned, possessed, controlled, or ex-
ercisable by the Grantee, of or pertaining to the construction,
operation, or maintenance of any cable television systems in the
City.
Section 9 - Limitations of franchise.
(a) Every franchise granted under this chapter shall be non-exclusive.
(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 be 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, or by voluntary sale, merger,
consolidation or otherwise, without prior consent of the Council
20.
expressed by resolution, and then only under such conditions as
may therin be prescribed. Any such transfer or assignment shall
be made only by an instrument in writing, such as a bill of sale,
or similar document, a duly executed copy of which shall be filed
in the office of the City Clerk within thirty (30) days after any
such transfer or assignment. The said consent of the Council may
not be unreasonably refused; provided, however, the proposed
assignee must show financial responsibility as determined by the
Council and must agree to comply with all provisions of this or-
dinance; and provided, further, that no such consent shall be
required for a transfer in trust, mortgage, or other hypoth-
ecation, in whole or in part, to secure an indebtedness, except
that when such hypothecation shall exceed 50% of the market value
of the property used by the franchisee in the conduct of the
cable television system, prior consent of the Council shall be
required for such a transfer. Such consent shall not be withheld
unreasonably.
In the event that Grantee is a corporation, prior approval of the
City Council, expressed by ordinance, shall be required when there
is an actual change in control or where ownership of more than
50% of the voting stock of Grantee is acquired by a person of
group of persons acting in concert, none of whom already own 50%
of more of the voting stock, singly or collectively. Any such
acquisition occurring without prior approval of the City Council
shall constitute a failure to comply with a provision of this
ordinance within the meaning of Section 5 of this ordinance.
(e) Time shall be of the essence of any such franchise granted here-
under. The Grantee shall not be relieved of his obligation to
comply promptly with any of the provisions of this ordinance 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,
21.
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 pro-
vision or requirement of this ordinance or of any franchise issued
hereunder or because of its enforcement.
(h) The Grantee shall be subject to all requirements of City laws,
rules, regulations, and specifications heretofore or hereafter
enacted or established.
(i) Any such franchise granted shall not relieve the Grantee of any
obligations involved in obtaining pole or conduit space from any
department of the City, utility company, or from others main-
taining utilities in streets.
(j) Any franchise granted hereunder, shall be in lieu of any and all
other rights, 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 cable television
system in the City; and the acceptance of any franchise here-
under shall operate, as between Grantee and the City, as an aban-:
donment of any and all of such rights, privileges, powers, im-
munities, and authorities within the City, to the effect that,
as between Grantee and the City, and all construction, operation
and maintenance by any Grantee of any cable television system
in the City shall be, and shall be deemed and construed in all
instances 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.
Section 10 - Rights reserved to the City.
(a) Nothing herein shall be deemed or construed to impair or affect,
in any way, 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
22.
shall not include any amount for the franchise itself or for any
of the rights or privileges granted, and nothing herin contained
shall be construed to contract away or to modity or abridge,
whether for a term or in perpetuity, the City's right of eminent
domai n.
(b) There is hereby reserved to the City every right and power which
is required to be herein reserved or provided by any law, and the
Grantee, by its acceptance of the 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) There is hereby reserved to the City the power to amend any
section of this ordinance so as to require additional or greater
standards of construction, operation, maintenance or otherwise,
on the part of the Grantee to reflect technical and economic
changes occuring during the franchise term, and to enable the
City and the Grantee to take advantage of new developments in the
cable television industry so as to more effectively, efficiently
and economically serve the public.
(d) Neither the granting of any franchise nor any provision hereof
shall constitute a waiver or bar to the exercise of any govern-
mental right or power of the City.
(e) The Council may do all things which are necessary and convenient
in the exercise of its jurisdiction under this ordinance and may
determine any question of fact which may arise during the ex-
istence of any franchise granted hereunder. The chief admin-
istrative officer, with the approval of the City Attorney, is
hereby authorized and empowered to adjust, settle, or compromise
any controversy or charge arising from the operations of any
Grantee under this ordinance, 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 dis-
satisfied with the decision of the chief administrative officer
23.
may appeal the matter to the Council for hearing and determination.
The Council may accept, reject or modify the decision of the chief
administrative officer, and the Council may adjust, settle or com-
promise any controversy or cancel any charge arising from the
operations of the Grantee of from any provision of this ordinance.
Section 11 - Council to adopt rules and regulations.
(a)Standards of Operation
(1) Prior to receiving any applications for franchises, the Council
may adopt rules, regulations and standards governing the
operation of cable television systems in the City. Such rules,
regulations and standards shall apply to and shall govern the
operations of the Grantee of any franchise hereunder, and are
expressly declared a part of any franchise hereunder.
(2) Rules, regulations and standards not adopted prior to re-
ceiving any application for a franchise shall be adopted by
the Council at the first regular meeting of the Council next
following the effective date of this ordinance, by resolution
which shall become effective upon adoption and shall be ap-
plicable to any application for a franchise previously received.
(3) The standards adopted shall govern the engineering, construction,
installation, service, and maintenance of all cable television
systems in the City, including but not limited to standards
governing carrier levels, signal-to-noise ratios, hum modulation,
distortion levels, channel interactions and inter-reactions.
(4) Provided the same do not materially alter the content of the
franchise without consent of the Grantee, the Council may at
any time adopt new rules or regulations or standards, or may
amend, modify, delete, or otherwise change its respective rules
or regulations or standards previously adopted, in the following
manner: The Council shall pass its resolution of intention
stating or describing the rules or regulations or standards to
be adopted, amended, modified, deleted, or otherwise changed,
24.
and fixing and setting forth a day, hour, and place certain
when and where any persons having any interest therein or
objection thereto may appear before the Council and be
heard. Such resolution shall direct the City Clerk to pub-
lish the same at least once within ten (10) days of the
passage thereof in a newspaper of general circulation within
the City, and to mail a copy of the same to any Grantee or
applicant for a franchise, not more than thirty (30) days
nor less than fifteen (15) days prior to the time fixed for
hearing thereon.
At the time set for such hearing, or at any adjournment
thereof, the Council shall proceed to hear and pass upon
such comments as may be presented. Thereafter, the Council,
by its resolution, may adopt, amend, modify, delete, or
otherwise change its respective rules, regulations and
standards. Such determination by the Council shall be
final and conclusive.
Any rule or regulation or standard as adopted, amended,
modified, deleted, or otherwise changed by the Council
shall become effective upon the tenth (10th) day following
the adoption of such resolution, unless a longer period
shall be otherwise provided in such resolution.
25.
(b) Rates
(1) Prior to granting any franchise hereunder the Council, by
resolution, shall establish and fix all rates and charges for
the Basic Service, herein defined, allowable to Grantee, such as:
(1) charges for installation;
(ii)subscriberrates;
(iii) service charges for separate classifications of service
(e.g., additional connections, etc)
Once established, such rates or charges shall not be changed at
any time after granting of a franchise, except after due notice
and hearing as provided herein.
(2) Rates and charges for services, other than the Basic Service
shall also be approved by the Council by resolution, after
due notice and hearing as provided herein.
(3) In connection with any proposed change of any rates or
charges of Grantee to subscribers initiated by Grantee, or the
approval of rates for additional services, at any time after
the granting of a franchise, the Council may direct the chief
administrative officer of the City to conduct a preliminary
hearing into the matter. If so directed by the Council, the chief
administrative officer shall issue his written notice fixing and
setting forth the day, hour, and place certain when and where any
persons having any interest therein may appear and be heard.
The City Clerk shall cause such notice to be published in a
newspaper of general circulation within the City. The City Clerk
also.shall cause a copy of such notice to be mailed to any
Grantee at least ten (10) days prior to the date specified for
the hearing. At the time set for such hearing, or at any ad-
journment thereof, the chief administrative officer shall proceed
to hear the matter. Following the close of such hearing, the
26.
chief administrative officer shall prepare and file with the
City Council his report of the hearing, his findings and an
opinion containing his recommendations and the reasons therefore.
After the expiration of ten (10) days following receipt of the
chief administrative officer's report and opinion, and if no
objection has been filed thereto, the Council shall determine
whether to adopt the opinion or to hold a further hearing, and
shall pass its resolution of intention to do so, describing and
stating any rates or charges to be changed, the reasons of the
Council therefor, fixing and setting forth a day, hour, and place
certain when and where any persons having any interest therein
may appear before the Council and be heard. Such resolution
shall direct the City Clerk to publish the same resolution at
least once within ten (10) days of the passage thereof in a
newspaper of general circulation within the City. The City
Clerk also shall cause a copy of such resolution to be mailed to
the Grantee at least ten (10) days prior to the date specified
for hearing the reon.
At the time set for any further hearing, or at any adjournment
thereof, the Council shall proceed to hear the matter.
If upon receipt of report and opinion, and the expiration of
said ten (10) days without objection, or following the holding
of a further hearing, if the Council determines to do so, the
Council shall find that the changing of any rates or charges of
Grantee to subscribers will be fair to the system operator and
not detrimental or injurious to the best interests and welfare
of the subscribers and users, and of the City, then the Council,
by resolution, shall authorize the change of rates or charges
of Grantee to subscribers and users as determined. Such
resolution shall thereupon become and shall be a part of any
franchise granted thereunder and affected thereby.
(4) Neither the Council nor the Grantee shall, as to rates,
27.
charges, service, service facilities, rules, regulations, or
in any other respect, make or grant any preference or advantage
to any person, nor subject any person to prejudice or dis-
advantage.
Section 12 - Permits and construction.
(a) Within thirty (30 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 duly constituted regulatory agencies having
jurisdiction over the operation of cable television systems,
or associated micro-wave transmission facilities.
In connection therewith, copies of all petitions, applications
and communications submitted by the Grantee to the Federal
Communications Commission, Securities and Exchange Commission,
or any other federal or state regulatory commission or agency
having jurisdiction in respect to any matters affecting Grantee's
cable television operations, shall also be submitted simultaneously
to the chief administrative officer.
(b) Within ninety (90) days after obtaining all necessary
permits, licenses and authorizations, including right of access
to poles and conduits, Grantee shall commence construction and
installation of the cable television system.
(c) Within one hundred eighty (180) days after the commencement
of construction and installation of the system, Grantee shall
proceed to render service to subscribers, and the completion
of the installation and construction shall be pursued with
reasonable diligence thereafter, so that service to all of the
areas designated and scheduled on the map and plan of construction
made part of the franchise shall be provided as set forththerein.
28.
(d) Failure on the part of the Grantee to commence and diligently
pursue each of the foregoing requirements and to complete each
of the matters set forth herein, shall be grounds for termination
of such franchise. By resolution, the Council, in its discretion,
may extend the time for the commencement and completion of
installation and construction for additional periods in the event
the Grantee, acting in good faith, experiences delays by reason
of circumstances beyond his control.
By acceptance of the franchise granted hereunder, Grantee agrees
that failure to comply with any time requirement referred to in
subsection (a) (b) and (c) of this section will result in damage
to the City, and that it is and will be impracticable to deter-
mine the actual amount of such damage in the event of delay; and
Grantee therefore agrees that, in addition to any other damage
suffered by City, he will pay to City the sum of $1 ,000. per
day for each and every day's delay beyond the time prescribed
plus authorized extensions thereof, for completion of any of the
acts required to be done by this section.
(e) Grantee shall utilize existing poles, conduits and other
facilities whenever possible, and shall not construct or
install any new, different, or additional poles, conduits or
other facilities whether on public property or on privately-
owned property unless and until first securing the written approval
of the chief administrative officer.
Whenever Grantee shall not utilize existing poles, conduits and
other facilities, or whenever existing conduits and other
facilities shall be located beneath the surface of the streets,
or whenever the City shall undertake a program designed to cause
all conduits and other facilities to be located beneath the sur-
face of the streets in any area or throughout the City, in the
exercise of its police power or pursuant to the terms hereof,
upon reasonable notice to Grantee, any such conduits or other
29.
facilities of Grantee shall be constructed, installed, placed or
replaced beneath the surface of the streets. Any construction,
installation, placement, replacement or changes which may be
so required shall be made at the expense of Grantee, whose
costs shall be determined as in the case of public utilities.
(f) The City shall have the right, free of charge, to make
additional use, for any public or municipal purpose, whether
governmental or proprietary, of any poles, conduits, or other
similar facilities erected, controlled or maintained exclusively
by or for Grantee in any street, provided such use by City does
not interfere with the use by Grantee.
(g) In those areas of the City where the transmission or dis-
tribution facilities of the respective public utilities providing
telephone, communication and electric services are underground
or hereafter are placed underground, the Grantee likewise shall
construct, operate and maintain all of his transmission and
distribution facilities underground. The term "underground"
shall include a partial underground system; provided, that upon
obtaining the written approval of the chief administrative
officer, amplifiers in the Grantee's transmission and distribution
lines may be placed in appropriate housings upon the surface of
the ground.
(h) The Grantee at his expense shall protect, support temporarily
disconnect, relocate or remove any property of Grantee when, in
the opinion of the chief administrative officer the same is re-
quired by reason of traffic conditions, public safety, street
vacation, freeway or street construction, change or establishment
of street grade, installation of sewers, drains, waterpipes,
power line, signal line, transportation facilities, tracks, or
any other type of structure or improvements by governmental
agencies whether acting in a governmental or proprietary capacity,
or any other structure or public improvement, including but not
limited to movement of buildings, urban renewal and redevelopment
30.
and any general program under which the City shall undertake
to cause all such properties to be located beneath the surface
of the ground. The Grantee shall in all cases have the privilege,
subject to the corresponding obligations, to abandon any property
of Grantee in place, as herein provided. Nothing hereunder
shall be deemed a taking of the property of Grantee, and the
Grantee shall be entitled to no surcharge by reason of anything
hereunder.
(i) Upon the failure, refusal, or neglect of Grantee to cause any
work or other act required by law or hereunder to be properly
completed in, on, over, or under any street within any time
prescribed therefor, or upon notice given, where no time is pre-
scribed, the chief administrative officer may cause such work
or other act to be completed in whole or in part, and upon so
doing shall submit to Grantee an itemized statement of the costs
thereof. The Grantee shall, within thirty (30) days after receipt
of such statement, pay to the City the entire amount thereof,
(j) In the event that,
(1) the use of any part of the system of Grantee is dis-
continued for any reason for a continuous period of
thirty (30) days, without prior written notice to and
approval by the City; or
(2) any part of such system has been installed in any street
or other area without complying with the requirements
hereof; or
(3) any franchise shall be terminated, cancelled, or shall
expire, then the Grantee shall, at the option of the
City, and at the expense of Grantee and at no expense
to the City, and upon demand of the City, promptly
remove from any streets or other area all property of
Grantee, and Grantee shall promptly restore the street
or other area from which such property has been removed
to such condition as the chief administrative officer
shall approve.
31.
The Council may, upon written application therefor by
Grantee, approve the abandonment of any of such property
in place by Grantee and under such terms and conditions
as the Council may prescribe. Upon abandonment of any
such property in place, Grantee shall cause to be
executed, acknowledged, and delivered to the City such
instruments as the City Attorney shall prescribe and
approve, transferring and conveying the ownership of
such property to the City.
Secti on 13 - Miscellaneous provisions.
(a) A franchise granted to provide service within the City
shall authorize and permit the Grantee to solicit, sell, distribute,
and make a charge to subscribers within the City for connection
to the cable television system of Grantee, and shall authorize
and permit the Grantee to traverse any portion of the City in
order to provide service outside the City.
(b) A franchise, easement, license or other permit granted to
anyone other than the Grantee to traverse any portion of the
City in order to provide service outside the City shall not
authorize or permit said person to solicit, sell, distribute
or make any charge to subscribers within the City, nor to render
any service or connect any subscriber within the City to the cable
television service system of Grantee.
(c/ No franchise granted under this ordinance shall ever be
given any value by any Court or other authority, public or
private, in any proceeding of any nature or character, wherein
or whereby the City shall be a party or affected therein or
thereby.
32.
(d) Grantee shall be subject to all provisions of the other
ordinances, rules, regulations, and specifications of the City
heretofore or hereafter adopted, including but not limited
to those pertaining to works and activities in, on, over, under
and about streets.
Any privilege claimed under any franchise granted pursuant
to this ordinance in any street or other public property shall
be subordinate to any prior lawful occupancy of the streets or
other public property.
Grantee also shall be subject to the provisions of general
laws of the State of California, or as hereafter amended,
when applicable to the exercise of any privilege contained in
any franchise granted under this ordinance, including but not
limited to those pertaining to works and activities in and
about State highways.
(e) Grantee shall be prohibited from directly or indirectly
doing any of the following:
(1) engaging in the business of selling at retail,
leasing, renting, repairing or servicing of television
sets or radios;
(2) imposing a fee or charge for any service or repair
to subscriber-owned receiving devices except for
the connection of its service or for the determination
by Grantee of the quality of its signal to the re-
cipients thereof;
(3) soliciting, referring, or causing or permitting the
solicitation or referral of any subscriber to persons
engaged in any business herein prohibited to be
engaged in by Grantee.
(4) providing information concerning the viewing patterns
of identifiable individual subscribers to any group,
person, or organization for any purpose.
(f) If the Federal Communications Commission or the Public
Utilities Commission of the State Of California or any other
33.
Federal or State body or agency shall now or hereafter exercise
any paramount jurisdiction over the subject matter of any
franchise granted under this ordinance, then to the extent
such jurisdiction shall preempt or preclude the exercise of
like jurisdiction by the City the jurisdiction of the City
shall cease and no longer exist.
The preemption or preclusion of the exercise by the City of any
of its police power shall not diminish, impair, alter or
affect any contractural benefit to the City or Grantee or any
contractual obligation of the Grantee under any franchise issued
hereunder.
Any and all minimum standards governing the operation of Grantee
and any and all maximum rates, ratios, and charges specified
herein or in any franchise issued hereunder, 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, privildges, and authorities of the
City and by any Grantee accepting any franchise hereunder to be
contractual in nature and to be for the benefit of the City.
(g) When not otherwise prescribed herein, all matters herein
required to be filed with the City shall be filed with the
City Clerk.
(h) No person, firm or corporation within the service area
of the Grantee, and where trunk lines are in place, shall be
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 service charge,
(i) Before providing cable television service to any sub-
scriber, the Grantee shall provide a written notice to the
subscriber substantially as follows:
"Subscriber is hereby notified that in providing cable
television service the Grantee is making use of public
rights-of-way within the City of Carlsbad and that the
34.
continued use of such rights-of-way is in no way
guaranteed. In the event the continued use of such rights-
of-way is denied to Grantee for any reason, Grantee will
make every reasonable effort to provide service over
alternate routes. By accepting cable television service,
subscriber agrees he will make no claim nor undertake any
action against the City of Carlsbad, its officers, or its
employees if the service to be provided hereunder is
interrupted or discontinued."
(j) The form of the Grantee's contract with the subscriber
shall also be subject to approval of the City.
Section 14 - Equal opportunity employment and affirmative action plan
In the carrying out of the construction, maintenance and operation
of the cable television system, the Grantee shall not discriminate
against any employee or applicant for employment because of race,
creed, color, sex or national origin.
The Grantee shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment,
without regard to their race, creed, color, sex, or national origin.
Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or re-
cruitment advertising, layoff or termination, rates of pay or
other forms of compensation and selection for training, including
apprenticeship.
The Grantee, shall post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions
of this non-discrimination clause.
35.
The Grantee shall, in all solicitations or advertisements for employees
placed by or on behalf of the Grantee, state that all qualified
applicants will receive consideration for employment without regard
to race, creed, color, sex, or national origin.
The Grantee shall incorporate the foregoing requirements in all of
its contracts for work relative to construction, maintenance and
operation of the cable television system, other than contracts for
standard commercial supplies or raw materils, and shall require all
of its contractors for such work to incorporate such requirements
in all subcontracts for such work.
Section 15 - Violations.
(a) From and after the effective date of this ordinance, it
shall be 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 or facilities for distributing any television signals
or radio signals through a cable television system, unless a
franchise authorizing such use of such street or property
or area has first been obtained pursuant to the provisions
of this ordinance, and unless such franchise is in full force
and effect.
(b) It shall be unlawful for any person, firm or corporation
to make or use any unauthorized connection, whether physically,
electrically, acoustically, inductively or otherwise, with
any part of a franchised cable television system within this
City for the purpose of enabling himself or others to receive
or use any television signal, radio signal, picture, program
or sound, without payment to the owner of said system.
(c) It shall be unlawful for any person, without the consent
of the owner, to wilfully tamper with, remove or injure any
36.
cables, wires or equipment used frr distribution of
television signals, radio signals, pictures, programs or
sound.
Section 16 - Severabi1i ty.
If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held illegal, invalid or unconstitutional
by the decision of any court of competent jurisdiction, such de-
cision shall not affect the validity of the remaining portions hereof.
The Council hereby declares that it would have passed this ordinance
and each section, sub-section, sentence, clause and phrase hereof,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared illegal, invalid or
unconstitutional. The invalidity of any portion of this ordinance
shall not abate, reduce or otherwise affect any consideration or
other obligation required by the Grantee of any franchise granted
hereunder.
Section 17 - Effective Date.
This ordinance shall become effective thirty (30) days from and
after its passage.