HomeMy WebLinkAboutOrd 834-1980ORDINANCE NO. 83~1-B0
AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO
PROVIDING FOR THE GRANTING OF FRANCHISES FOR
COMMUNITY ANTENNA TELEVISION SYSTEMS AND PROVIDING
TERMS AND'CONDITIONS FOR THE OPERATION OF SUCH
COMMUNITY ANTENNA TELEVISION SYSTEMS AND FEES
THEREFOR: AND REPEAL~ING-ORDINANCE NO. 547, AN
ORDINANCE ON THE SAME SUBJECT.
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS:
SECTION I - DEFINITIONS
For the purpose of this Ordinance, the following terms, phrases, words,
abbreviations and their deriviations 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 singular number; and words
in the singular number include the plural number:
(a) "City" shall mean the City of South San Francisco, a Municipal Corporation
of the State of California, in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated form.
(b) "Council" shall mean the present governing body of the City of South
San Francisco or any future board consisting of 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 thereof.
(d) "Franchise" shall mean and include any authorization granted hereunder
in terms of a franchise, privilege, permit, license or otherwise to construct,
operate and maintain a cable television system within all or a specified area
in the City.
(e) "Person" shall mean any natural person and all domestic and foreign
corporations, associations, syndicates, joint stock corporations, partnerships
of every kind, clubs, business or common law trusts and societies.
(f) "Grantee" shall mean the person, firm or corporation granted a
franchise by the City Council under this Ordinance; and the lawful successor,
transferee or assignee or said person, firm or corporation.
(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 and
paying a monthly fee for any service of the Grantee's cable television system.
(j) "Cable Television System;" "CATV" and CTV" for the purpose of this
Ordinance, are terms describing a system employing antennae, microwave, wires,
waveguides, coaxial cables or other conductors, equipment or facilities, designed,
constructed or used for the purpose of:
1. Collecting, amplifying and distributing local and distant broadcast
television or radio signals;
2. Distributing original cablecast programming not received through
television broadcast signals;
3. Distributing 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
receivers;
4.Receiving and distributing all other signals: Digital, voice
and audio-visual;
5.Receiving and delivering any and all other services which may
be authorized or permitted by the Federal Communications Commission;
provided, however, that any of the services permitted hereunder to be performed,
as described above, shall be those performed by the Grantee for subscribers, as
herein defined, in the operating of a cable television or CATV system franchised
by the City and not otherwise.
(k) "Gross Annual ReceiptS" shall mean any and all compensation, in whatever
form, grant, subsidy, exchange or otherwise, received directly or indirectly by
Grantee from subscribers or users in payment for cable TV system services received
within the City of South San Francisco, excluding any taxes or services collected
by the Grantee for any governmental entity.
Gross Annual Receipts shall not include:
1. Any copyright liability collected by Grantee for payment to
the Federal Copyright Tribunal.
2. Any refundable portion of any deposits which are collected
from subscribers to guarantee the careful use of and the
final return of special tuning devices such as, but not
limited to, converters and descramblers, provided by Grantee
for the purpose of increasing the number of channels received
by subscribers or to provide ancillary services or signals to
subscribers.
3. Payments made by Grantee to program suppliers which may be
exempted by Council action from "Gross Annual Receipts" so as
to encourage Grantee to provide such additional optional service$~
desired by its subscribers.
(1) "Basic Service" where referred to in this Ordinance shall mean a
minimum of twelve (12) television channel retransmissions of Grantee receivable
by all television sets via the standard twelve-channel VHF tuner.
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(m) "Optional Services" shall include all other retransmissions, organiza-
tions, digital, video or audio communications which Grantee may provide but which
are not required to be accepted along with the basic service by the customer.
(n) "Converters and Descramblers" shall refer to equipment Grantee may
install for customers in order that the customer may receive optional service,
other than equipment necessary to receive basic service.
SECTION 2 - EXCLUSIVE USE OF TELEPHONE FACILITIES
When, and in the event that, the Grantee of any franchise hereunder 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
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 - FRANCHISE TO INSTALL AND OPERATE
A non-exclusive franchise to install, construct, operate and maintain a
cable television system on or under the streets within all or a specific portion
of the City may be granted by the Council to any person who offers to furnish and
provide such system under and pursuant to the terms and provisions of this Ordinance.
The CATV system shall be installed and maintained in accordance with the best
accepted standards of the industry.
No provisions of this Ordinance may be deemed or construed so 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.
SECTION 4 - CABLE TELEVISION SERVICE
(a) Basic Service: The cable television system permitted to be installed
and operated hereunder shall:
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1. Be operationally capable of providing the basic service as
referred to in Section l(j) and (1) above.
2. Distribute color television signals which it receives in
color without the introduction of material degradation on
color fidelity and intelligence.
3.Utilize equipment designed and rated for twenty-four (24)
hours per day continuous operation.
4. Provide a nominal signal level of 2,000 microvolts at the
input terminals of each TV receiver.
5. Have a signal-to-noise ratio no less than forty (40) decibels.
6.Maintain hum modulation of the picture signal at less than
five percent (5%).
7.Use components having a VSWR of one and four-tenths (1.4)
or less.
(b) Optional Services: The cable television system permitted to be installed
and operated hereunder may also engage in the business of optional services described
in Section l(m) above.
(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 or riots and civil disturbances; and in providing the foregoing services,
the Grantee shall:
1. Limit system failures to a minimum time duration by locating
and correcting malfunctions 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 satisfactory
to the Chief Administrative Officer that a signal is being
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delivered which is of sufficient strength and quality to meet
the standards set forth in the regulations of the Federal
Communications Commission.
3. Render efficient service, making repairs promptly and interrupting
service only for good cause and for the shortest time possible.
Planned interruptions, insofar as possible, shall occur during
periods of minimum use of the system.
4. Maintain an office in the City, which office shall be open during
all the usual business hours, with its telephone listed in
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 (7) days a week.
5. Maintain records identifying dates of customer complaint,
identifying and describing the nature of the complaint, and
when and what action was taken by Grantee in response thereto;
said records shall be kept at Grantee's local office for a
period of two (2) years from the date of the complaint, and
shall be available for inspection during regular business hours
by the Chief Administrative Officers or any member of Council,
(d) Municipal Service:
1. The Grantee shall provide, where possible, at the request of
the Chief Administrative Officer (and upon City reimbursement
of Grantee's actual cost (cost negotiable)), use of Grantee's
studio, equipment and technical services for production of live
and video-taped 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
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cost, when the system passes such facilities and as 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 Connectibility:
1. It is the desire of the City that all cable television systems
franchised hereunder shall, insofar as financially and technically
possible, be compatible one with another with systems adjacent
to the City.
2. Whenever it is financially and technically feasible and upon
request of the City, 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 effect, install, construct, 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 applicances, attach-
ments and other property as may be necessary and appurtenant to the cable television
system; and, in addition, to so use, operate and provide facilities or properties
rented or leased from other persons, firms or corporations including but not limited
to, any public utility or other Grantee franchised or permitted to do business in
the City.
SECTION 5 - FRANCHISE PAYMENTS
In consideration of the granting and exercise of a franchise to use the streets,
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as herein defined, for the operation of a cable television system, Grantee shall
pay to the City, during the life of the franchise, two and one-half percent (2~%).
of its gross annual receipts as defined herein. Such payment shall be annually
on or before March 31.
(a) The City shall have the right to inspect the Grantee's revenue records
under the franchise and the right to audit and recomputation 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 two percent (2%), the
Grantee's annual payment to the City.
(b) 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 6 - FRANCHISE TERM: DURATION AND TERMINATION
(a) The franchise granted by the Council under this Ordinance shall not be
longer than 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 provisions
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 his request for termination of the franchise upon the next regular
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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 circulation 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 without 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 to be terminated and forfeited unless there be com-
pliance by the Grantee within such period as the Council may fix.
(g) The termination and forfeiture of any franchise shall in no way affect
any of the rights of the City under the franchise or any provision of law.
(h) In the event of any holding over after expiration or other termination
of any franchise granted hereunder, without the prior consent of the City, expressed
by resolution, the Grantee shall pay the City reasonable compensation and damages
of not less than one hundred percent (100%) of its gross receipts, less substantiated
operating expenses, during said period.
SECTION 7 - APPLICATIONS FOR FRANCHISE
(a) Each application for a franchise; other than one seeking renewal of a
current franchise; to construct, operate or maintain any cable television system
in this City shall be filed with the City Clerk and shall contain or be accompained
by the following:
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(ii)
(iii)
(iv)
The name, address and telephone number of the applicant.
A detailed statement of the corporate or other business
entity organization of the applicant including, but not
limited to, the following and to whatever required by the
City:
(i) The names, residences and business addresses of all
officers, directors and associates of the applicant.
The names, residence and business addresses of all
officers, persons and entities having, controlling
or being entitled to have or control five percent
(5%) or more of the ownership of the applicant and
the respective ownership share of each such person
or entity.
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 applicant, its parent or subsidiary
and the areas served thereby.
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
applicant, prepared by a Certified Public Accountant,
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e
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 of a study performed
by such lending institution or funding source, and a clear
statement of its intent as a lending institution or funding
source to provide whatever capital shall be required by
the applicant to construct and operate the proposed
system in the City, or a statement 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.
(iv) A statement identifying by place and date any other
cable television franchise(s) awarded to the applicant,
its parent or subisdiaries, the status of said franchise(s)
with respect to completion thereof; the total cost of
completion of such system(s); and the amount of applicant's
and its parent subsidiary resources committed to the
completion thereof.
A detailed description of the construction, installation, maintenance
and operation of the proposed CATV system which shall include, but
not be limited to the following:
(i) A detailed map indicating all areas proposed by be served
and a proposed time schedule for the installation of all
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(ii)
(iv)
equipment necessary to become operational throughout the
entire area to be served.
A statement or schedule setting forth all proposed classifica- ~
tions of rates and charges to be made to subscribers and all
rates and charges as to each of said classifications, including
installation charges and service charges.
A detailed, informative and referenced statement describing
the actual equipment and operational standards proposed by
the applicant. In no event shall said operation and performance
standards be less than those contained in Ti]tle 47, Subpart K,
(Sections 76.601 et seq.), Rules and Regulations, Federal
Communications Commission, adopted February 2, 1972, and as
amended.
A copy of the form of any agreement, undertaking, or ather
instrument proposed to be entered into between the applicant
and any subscriber.
(v) A detailed statement setting forth in its entirery any and
all agreements and undertakings, whether formal or informal,
written, oral or implied, existing or proposed to exist
between 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.
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.
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5. Any other details, statements, information or references pertinent
to the subject matter or such application which shall be required
or requested by the Council, or by any provision of any other
ordinance of the City.
6. An advance deposit of the application fee in the sum of fifteen
thousand dollars ($15,000) which shall be in the form of cash,
certified or cashier's check or money order. The application
fee shall be an amount equal to the actual costs incurred by the
City in studying, investigating or otherwise processing the
application. The advanced deposit shall not be 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, shall be entitled to
have returned and refunded eighty percent (80%) of such sum, less
any actual costs or expenses incurred by the City by reason of
such application.
8. 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 Ordinance. Such payment shall be made within
thirty (30) days after the City furnishes the Grantee with a
written statement of such expenses.
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9. Upon receipt of any application for franchise, the Council shall
refer the same to the Chief Administrative Officer who shall
prepare a report and make his recommendations respecting such
application and cause the same to be completed and filed with the
Council within one hundred eighty (180) days, which time may be
reasonably extended by the Council.
10. In making any determination hereunder as to any applicati~on, the
Council may give due consideration to the quality of the service
proposed, rates to subscribers, income to the City, experience,
character, background and financial responsibility of any
applicant, 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 other considerations
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 consideration
and without competitive bidding.
11. If the Council shall determine to reject such application, such
determination shall be final and conclusive and the same shall
be deemed rejected.
12. If the Council shall determine to further consider the application,
the following shall be done:
1. The Council shall decide to specify the terms and conditi~Ons
of any franchise to be granted hereunder and as herein provided.
2. The Council shall pass its resolution of intention to consider
the granting of such a franchise, giving notice of receipt of
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13.
14.
15.
the application and describing the character of the franchise
desired, stating the name of the proposed Grantee, 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 protest 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 newspaper
of general circulation within the City.
At the time set for the hearing, or an 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 terms and conditions
different from those specified in the resolution of intention
to grant the same.
If the Council shall determine that a franchise be granted, such determin-
ation 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 resolution of intention
to consider granting the same, then such determination shall be expressed
by resolution adopted prior to granting a franchise by ordinance.
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SECTION 8 - FRANCHISE EXTENSION OR RENEWAL
Any franchise granted under this Ordinance may be extended or renewed by
the Council, and the Council shall proceed in accordance with the provisions
of this Ordinance to determine the terms and conditions upon which said extension
or renewal may be granted; provided, however, that the Council may, at its
option, waive compliance with any or all of the requirements of Section 7 hereof.
SECTION 9 - FAITHFUL PERFORMANCE BOND
(a) The Grantee shall, concurrently with the filing of and acceptance of
award of any franchise granted under this Ordinance, 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 thereof, at Grantee's sole expense, a corporate
surety bond in a company and in a form approved by the City Attorney, in the
amount of not less than Fifty Thousand Dollars ($50,000) 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 Ordinance, or of any franchise issued to the Grantee
of the provisions of this Ordinance, or of any franchise issued to the Grantee
hereunder, 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
herebywhich 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 duration of such franchise and any renewal thereof and there-
after until the Grantee has liquidated all of its obligations with the City that
may have arisen from the acceptance of such franchise or renewal by the Grantee
or from its exercise of any privilege therein granted. The bond shall provide
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that thirty (30) days prior written notice of intention not to renew,
cancellation or material change, be given to the City.
(b) 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 of the Grantee or limit the liability
of the Grantee under any franchise issued hereunder or for damages either to the
full amount of the bond or otherwise.
SECTION 10 - INDEMNIFICATION OF CITY
(a) The Grantee shall, concurrently with the filing of an acceptance of
award of any franchise granted under this Ordinance, 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 an amount established by the City Council of
not less than One Hundred Thousand Dollars ($100,000) or more than Five Million
Dollars ($5,000,000) (except that City may increase or decrease said amount upon
survey of the exposures by qualified insurance representatives) in a company
approved by the City Manager 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 hereunder.
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(b) The Grantee shall, concurrently with the filing of an acceptance of
award of any franchise granted under this Ordinance, 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 general comprehensive liability insurance policy, in protection of the City,
its officers, boards, commissions, agents and employees in a company approved
by the City Manager and a form satisfactory to the City Attorney, protecting the
City and all persons against liability for loss or damage for personal injury,
death and property damage, oocasioned by the operations of Grantee under such
franchise with minimum liability limits of Five Hundred Thousand Dollars ($500,000)
for personal injury or death of any one person and One Million Dollars ($1,000,000)
for personal injury or death of two or more persons in any occurrence; and not
less than Five Hundred Thousand Dollars ($500,000) for damage to property resulting
from any one occurrence. City may increase or decrease said amounts upon survey
of the exposures by qualified insurance representatives.
(c) The policies mentioned in the foregoing paragraph shall name the~City,
its officers, boards, commissions, agents and employees as additional insureds
and shall contain a provision that a written notice of cancellation or reduction
in coverage of said policy shall be delivered to the City, twenty (20) 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 ~he standard cross-liability endorsement.
(d) 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
I[ ' '
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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 satisfied 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 limitation by the amount of any bond, policy or 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 a claim, demand, cause of action, suit or other proceeding
without first obtaining a written consent of the other.
SECTION 11 - INSPECTION OF PROPERTY AND RECORDS
(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 to the City, and if the Council shall determine 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 Director of Public Services
and the City Clerk at the times and in the form prescribed by either of said
officers such reports with respect to its operations, affairs, transactions
of property as may be reasonably necessary or appropriate to the performan~ce
of any of the rights, functions or duties of the City or any of its officers
in connection with the franchise.
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(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, upon request of the Director of Public Services, shall
submit 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.
SECTION 12 - 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., on the fortieth (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 required,
the Grantee shall be deemed to have rejected and repudiated 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
acceptance be received or filed and then upon such terms and conditions as the
Council may impose.
(d) In any case, and in any instance, all rights, remedies and redress 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
-20-
continuously exist in and to the City and shall not be in any manner or
means modified, adridged, 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, immunities and authorities
owned, possessed, controlled or exercisable by the Grantee pertaining to the
construction, operation and maintenance of cable television systems in the City.
SECTION 13 - LIMITATIONS OF FRANCHISE
(a) Every franchise granted under this Ordinance shall be non-exclusive.
(b) No privilege or exemption shall be granted or conferred by any franchise
granted under this Ordinance except those specifically prescribed herein.
(c) Any privilege claimed under 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, l~eased, 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, 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 such a bill or 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
Ordinance; and provided further, that no such consent shall be required for a
transfer in trust, mortgage or other hypothecation, in whole or in part, to secure
-21-
an indebtedness except that when such hypothecation shall exceed fifty percent
(50%) of the market value of the property used by the Grantee 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 unreasonably withheld.
In the event that Grantee is a corporation, prior approval of the City
Council, expressed by ordinance, shall be required where there is an actual
change in control or where ownership of more than fifty percent (50%) of the
voting stock of Grantee is acquired by a person or group of persons acting in
concert, none of whom already own fifty percent (50%) or 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 hereunder.
The Grantee shall not be relieved of his obilgation 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, depart-
ment 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
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 maintaining utilities in streets.
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(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 hereunder
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, 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 14 - 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 and nothing herein contained shall be construed to
contract away or to modify or abridge whether for a term or in perpetuity, the
City's right of eminent domain.
(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 powers
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 and greater standards of construction,
operation, maintenance or otherwise on the part of the Grantee to reflect
-23-
techincal and economic changes occurring 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 governmental 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 existence of any franchise granted hereunder.
The Chief Administrative Officer, with the approval of the City Attorney, is
hereby authorized and empowered to adjust, settle or compromise any controvesy
or charge arising from the operations of 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 dissatisfied
with the decision of the Chief Administrative Officer 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 compromise any Controversy or cancel any charge arising from the operations
of the Grantee or from any provision of this Ordinance.
SECTION 15 - COUNCIL TO ADOPT RULES AND REGULATIONS
(a) Standards of Operation:
1. 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.
24
e
e
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 interreactions.
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
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 resolu-
tion shall direct the City Clerk to publish 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.
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Any rule or regulation or standard as adopted, amended, modified,
deleted or otherwise changed by the Council shall become effective
upon the tenth (lOth) day following the adoption of such resolution,
unless a longer period shall otherwise be provided in such resolution.
(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:
(i) Charges for installation, relocation and reconnection.
(ii) Subscribe service rates.
(iii) Service charges for separate classifications of service
(e.g., additional connections, etc.).
(iv) Hotel, motel, multiple dwelling buildings.
(v) Deposits and monthly service fees applicable to basic service
converters.
In the case that the franchise award is a renewal of extension of the
franchise to a current holder, then the rates, charges or deposit amounts
for the service or converters noted above shall remain the same as those
established by the most recent Council action affecting same.
2. Following any time period set by Council resolution, if applicable,
stating the period for which rates shall not change, the following
procedure for future rate adjustments shall be applicable:
(i) Grantee shall file a notice of intention to adjust basic service
rates and charges forty-five (45) days prior to the proposed
effective date for the new rates. The proposed rates shall not
increase above the existing rates by an amount in excess of
seventy-five percent (75%) of the percentage increase in the
-26-
CPI occurring since the previous rate adjustment. (I.D.C.P.I. -
San Francisco-Oakland Consumer Price Index, Urban Wage Earner and
Clerical Worker, published bi-monthly by the United States Bureau
of Labor Statistics). At the time of notification, the most recent
available CPI statistics will be compared with the CPI statistics
utilized in computing the existing rate.
Adjustments under this provision shall not be made more than
once annually. Should more than twelve (12) months elapse between
adjustments, then Grantee shall be entitled to a rate adjustment
equivalent to not more than seventy-five percent (75%) of the C.P.I.
increase since the last rate was established between the C.P.I.
statistic available forty-five (45) days prior to the proposed
effective date of the increase.
(ii) An increase in subscriber rates and service within the limits of
(i) shall be persumptively assumed to be permissible and justifi-
able unless it has been previously determined by Council resolution
that the Grantee is not performing in accordance with the provisions
of this and other applicable ordinances or resolutions pertaining to
its cable television franchise.
(iii) The Chief Administrative Officer shall review the notice of
intention and determine, within ten (10) days, whether the
proposed rate increase is within the limits of the seventy-five
percent (75%) of said C.P.I. increase and endorse thereon his
determi nati on.
(iv) The Chief Administrative Officer shall file with the City Council
a copy of the notice of the intention together with his determin-
ation regarding the C.P.I. percentage increase.
-27-
(v) If the City Council shall not determine, within thirty (30)
days of the determination by the Chief Administrative Officer,
that the notice of intention requires review, then the new
rates shall become effective on the appropriate date.
(vi) Grantee may seek rate adjustments in excess of an amount
indicated by (i) above by way of the public hearing/Council
action process. An increase in excess of the seventy-five
percent (75%) of the C.P.I. increase formula may be justifiable
if business expense of Grantee were severely impacted by Council
action (as in Section 10 or Section 11(a) (3)) or other changes
in governmental regulations (whether local, state or federal)
which require extensive additional capital or operating expenditures
or an agreed upon increase in the level of service.
3. The City Council may, at any time, set a hearing for the purpose of reviewing
and adjusting said rates and charges upon written notice to the Grantee and
publication thereof thirty (30) days prior to said hearing.
4. Rates and charges for "Optional Services" shall be established by Grantee
and shall not be subject to the provision of this Section.
(c) If copyright liability is imposed by any court with jurisdiction thereof
or by the Congress, Grantee shall have the right to increase its rates for affected
subscriber services to offset such copyright liability. Any increase in the rate
schedule because of the imposition of copyright liability shall be limited to the
actual amount of liability imposed by a court having jurisdiction thereof or by the
Congress.
If such copyright liability is imposed by a court with jurisdiction thereof
or by the Congress, Grantee shall file notice thereof with City's Director of
Finance together with supporting evidence. City's Chief Administrative Officer
shall verify the amount of the copyright liability so imposed and upon making
-28-
said verification, issue an approval to increase the rates in said sum, same to
be effective thirty (30) days after notice of the rate increase is issued to
subscribers stating the amount of the monthly increase.
SECTION 16 - 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 microwave transmission facilities.
In connection therewith, copies of all petitions, applications and communica-
tions 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
~nd 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 forth therein.
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(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, experience delays by reason of circumstances beyond his
control.
(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 Director of Public Services.
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
surface 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 facilities of Grantee shall be constructed, installed,
placed or replaced beneath the surface of the street. Any construction, installa-
tion, 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, at its expense, to make additional use
for any public or municipal purpose whether governmental or proprietary, or any
poles, conduits or similar other 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.
-30-
(g) In those areas of the City where the transmission or distribution
facilities of all 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 his
transmission and distribution facilities underground. The term "underground"
shall include a partial underground system; provided that upon obtaining the
written approval of the Director of Public Services, 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 Director of Public Services the same is required by reason of traffic
conditions, public safety, street vacation, freeway or street construction,
change or establishment of street grade, installation of sewer drains, water-
pipes, power line, signal line, transportation facilities, tracks or any other
types of structure or improvements by governmental agencies, whether acting in
a governmental or a proprietary capacity, or any other Structure or public
improvement, including but not limited to movement of buildings, urban renewal
and redevelopment, and any general program under which the City shall undertake
to cause all such property 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 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 therefore or upon notice given,
-31-
where no time is prescribed, the Director of Public Services 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 discontinued for any
reason for the 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 theGrantee shall, at the option of the Director of Public Services and at the
expense of Grantee and at no expense to the City, and upon demand of the Director
of Public Services, promptly remove from any street 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 Director of Public Services
shall approve.
The Director of Public Services may, upon written application therefor by
Grantee, approve the abandonment of any such property in place by Grantee and
under such terms and conditions as he may prescribe. Upon abandonment of any
such property in place, Grantee shall cause to be executed, acknowledged and
delivered to the Director of Public Services such instruments as the City
Attorney shall prescribe and approve transferring and conveying the ownership
of such property to the City.
SECTION 17 - MISCELLANEOUS PROVISIONS
(a) A franchise granted to provide service within the City shall authorize
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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 also 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 nor 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) 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 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 shall also be subject to the provisions of general laws of the State
of California, 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.
(d) Grantee shall be prohibited from directly or indirectly doing any of
the following:
1. Engaging in the busi~ness of selling at retail, leasing, renting,
repairing or servicing television sets or radios.
2. Imposing a fee o~ charge for any service or repair to subscriber-
owned receiving devices except for the connection of its service.
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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 ~dentifiable
individual subscribers to any person, group or organization for any
purpose.
(e) If 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 granted under this Ordinance, then to She extent such juris-
diction 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 contractual benefit
to the City or Grantee nor 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 or at any time in the future, including such times
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 hereby 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.
(f) When not otherwise prescribed herein, all matters herein required to
be filed with the City shall be filed with the City Clerk.
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(g) No person, firmor 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, service charge or previous deliquent
balances.
(h) In those existing developed areas and portions of the City where
construction of cable television and distribution facilities were not required by
the original franchise and in areas and portions of the City which were or are
developed subsequent to the grant of the original franchise, the Grantee shall
extend the cable television and distribution facilities under the terms and
conditions of the Line Extension Policy, a copy of which is attached hereto as
Exhibit A.
SECTION 18 - EQUAL EMPLOYMENT OPPORTINITY AND AFFIRMATIVE ACTION PLAN
In 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, color, sex, national origin, marital
status, ancestry, age, political or religious opinion or affiliation, or non-
related physical and/or mental handicap.
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 recruitment 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.
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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, color, sex, national
origin, marital status, ancestry, age, political or religious opinion or affilia-
tion, or non-related physical and/or mental handicap.
SECTION 19 - VIOLATIONS
(a) From and after the effective date of this Ordinance, it shall be unlawful
for any person, firm or corporation 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, or 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 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, use or intercept any television
or radio signal, picture or sound or other service provided by Grantee, without
payment to the owner of said system.
(c) It shall be unlawful for any person, without the consent of the owner,
to willfully attach to, tamper with, remove or injure any cables, wires or equip-
ment used for distribution of television signals, radio signals, pictures, program
or sound or other services provided by Grantee.
1. The City of South San Francisco recognizes the applicability of
Section 1-5930, or succeeding Sections of the California Penal
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Code, as it pertains to the theft of basic and premium cable TV
services.
2. The City of South San Francisco recognizes the applicability of
Section 484 or succeeding sections of the California Penal Code,
as it pertains to the theft of descramblers or convertors. In
part, the Section reads: "Every person...who shall fraudulently
appropriate property which has been entrusted in him...intent to
commit theft by fraud is presumed if one who has leased or rented
the personal property of another pursuant to a written contract
fails to return the personal property to its owner within twenty
(20) days after the owner has made written demand."
SECTION 20 - SEVERABILITY
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 or competent jurisdiction, such decision shall not affect the
validity of the remaining portions hereof. The Council hereby declares that
it would have passed this Ordinance and each section, subsection, 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
of the Grantee of any franchise granted hereunder.
SECTION 21 - REPEAL OF ORDINANCE No. 547.
Ordinance No. 547, entitled "An Ordinance of the City of South San Francisco
Providing for the Granting of Franchises for Community Antenna Television Systems;
Providing Terms and Conditions for the Operation of Such Community Antenna
Television Systems and Fees Therefor" adopted June 6, 1966, is hereby repealed.
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· ( ¢
SECTION 22 - PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published once, as required by law, in the "Enterprise-
Journal," a newspaper of general circulation published in the City of South San
Francisco and shall take affect and be in force thirty (30) days from and after
its passage.
Introduced this 6th day of August , 1980. Passed and adopted as
an ordinance of the City of South San Francisco at a regular meeting of the City
Council of the City of South San Francisco this ~Nth day of AU§U~t
1980, by the following vote:
AYES: Councilmen Ronald G. Acosta, Mark N. Addi~go~ Fman-~l~ N, namonte,
Gus Nicolopulos; and Counrtlwoman Robprta C~rrt Tpglia
NOES: None
ABSENT: None
ATTEST: ~Ci ty~C1 ~
Ordinance this 20th day of
August
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
, 1980.
Mayor
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EXHIBIT A
LINE EXTENSION POLICY
Existing Developed Areas
Ae
Whenever Grantee shall receive a request for service from at
least ten (10) residents within 1,320 cable feet of its existing
trunk cable and those residents do subscribe for such service,
Grantee shall extend the cable system to provide that service
at no cost to the subscribers for the extension, other than the
usual installation and connection fee applicable to all subscribers,
provided that such construction is not required to be placed
underground.
Be
No person, firm or corporation in Grantee's service area shall
be arbitrarily refused service. However, in consideration of
the capital costs involved and the benefits accruing only to the
local individual subscriber or subscribers rather than to all
subscribers in the service area, unusual costs such as require-
ments for undergrojnd construction of the system or of service
connections, or a density of less than ten (10) subscribers per
1,320 feet of extension, or more than 150 feet of aerial service
connection, service may be made available on the basis of the
applicable costs of materials, labor and easements. Grantee
shall prepare a written agreement specifying the work to be
done and the amount to be paid by the person(s), firm or
corporation requesting the service and that amount shall be
paid to Grantee before any consideration of the extension is
required to begin.
In the event that underground construction is requested or
required, the cost paid to Grantee shall be the amount that
the actual construction costs exceed the estimated costs of
standard overhead construction to provide the equivalent
service.
In the event that the requests for service is made by less
than ten (10) subscribers per 1,320 feet of extension, the
(additional) costs paid to Grantee shall be one hundred
percent (100%) of the construction costs less a credit of ten
percent (10%) for each participating subscriber, not to exceed
a total credit of one hundred percent (100%). However, if
additional subscribers are subsequently provided service, they
shall pay their proportionate share of the original extension
costs and the initial/existing subscriber shall be entitled
to rebates in a means provided for in their written agree-
ment with Grantee.
II. New Developments
Extension of the system to furnish the service within a new single-
family and/or multi-family residential developments will be made by
Iii' i ~
Grantee in advance of receipt for request for service in accordance
with the following provisions:
A. General
Grantee will construct, own, operate and maintain an under-
ground cable television distribution system only along public
streets, roads and highways which Grantee has the legal right
to occupy, and on public lands and private property across
which rights-of-way and easements satisfactory to Grantee
may be obtained without cost to Grantee.
B. Installation
Grantee will install the cable television distribution system
in trench, conduit and substructure provided by, or at the
cost of, the developer of the subdivision or development
according to City standards and the technical requirements
of the cable television distribution system.
2. Grantee will complete at its own expense:
ao
The installation of the distribution cables, amplifiers
and all other equipment necessary for the construction
and operation of the underground distribution system, as
described in II A above. Underground service connections
will be made on the basis of the actual costs of time and
materials.
That portion of the system extension which may extend
beyond the boundaries of the subdivision or development
to the existing distribution system main trunk cable
that is not excess of 200 feet.
That portion of the required extension of the system in excess of
200 feet outside the boundaries of the subdivision or development
will be constructed underground or overhead as is required by the
City of South San Francisco Rules and Regulations applicable to
CATV and will be charged to the developer according to the
provisions of C below.
C. Advances by the Developer
The developer shall pay or shall promise to pay to Grantee before
the start of construction, the cost of extending the system beyond
the boundaries of the subdivision or development, to the existing
system main trunk cable of the distribution system to the extent
that such extension is in excess of 200 feet from said main trunk
cable.
2. Extension of the system in excess of 200 feet will require a
written agreement specifying the terms under which Grantee will
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install the extension and that the developer will pay the
costs. These costs are intended to be non-refundable.
However, it is recognized that extensions made might later
be used to provide service to other subscribers along that
extension or to other subscribers of future or existing
development beyond the subject subdivision or development.
Therefore, the refundable status of the costs paid by the
developer, for the extensions of the system beyond the
boundaries of the subdivision or development in excess of
200 feet, shall be stated on the written agreement between
Grantee and the developer.
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