CC Ordinance 1632ORDINANCE NO. 1632
BEING AN ORDINANCE OF CITY OF CAMPBELL AMENDING
CHAPTER 5.20 OF THE CAMPBELL MUNICIPAL CODE,
ENTITLED BUSINESS, PROFESSIONS AND TRADES, PROVIDING
FOR THE GRANTING OF FRANCHISES FOR CABLE TELEVISION
SYSTEMS, TERMS AND CONDITIONS FOR THE OPERATION
OF THE SAME
The City Council of City of Campbell does ordain as follows:
SECTION ONE: That Chapter 5.20 of the Campbell Municipal
Code, entitled Community Antenna Television System be amended, said
chapter to be titled Franchise Provisions for Cable Television
System, and to contain the following sections and provisions:
Section 5.20.010 Definitions. For the purposes of
this Chapter, 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 singular number include the
plural number.
(a) "City" shall mean the City of Campbell, a
municipal corporation of the State of California, in its present
incorporated form or in any later reorganized, consolidated, enlarged
or re -incorporated form. The City is also referred to as "grantor."
(b) "Council" shall mean the present governing body of
the City or any future board constituting the legislative body of the
City.
(c) 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 system in the City. Any such authorization, in whatever term
granted, shall not mean and include any license or permit required
for the privilege of transacting and carrying on a business within
the City in accordance with the provisions of Chapter 5.20 of the
Campbell Municipal Code.
(d) "Grantee" shall mean the person, firm or
corporation to whom or which a franchise, as hereinabove defined, is
granted by the Council under this Ordinance, and the lawful
successor, transferee or assignee of said person, firm or
corporation.
(e) "Street" shall mean the surface of and the space
above and below any public street, road, highway, freeway, lane,
path, alley, court, sidewalk, parkway, or drive, now or hereafter
existing as such within the City.
(f) "Property of grantee" shall mean all property
owned, installed or used by a grantee in the operation of a cable
system in the City under the authority of a franchise granted
pursuant to this Ordinance.
(g) "Cable system" means a facility, consisting of a
set of closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable
service which includes video programming and which is provided to
multiple subscribers within a community, but such term does not
include:
A. A facility that serves only to retransmit the
television signals of one or more television broadcast stations;
B. A facility that serves only subscribers in one
or more multiple unit dwellings under common ownership, control, or
management, unless such facility or facilities uses any public
right-of-way;
C. A facility of a common carrier, except that
such facility shall be considered a cable system to the extent that
such facility is used in the transmission of video programming
directly to subscribers; or
D. Any facilities of any electric utility used
solely for operating its electric utility systems.
(h) "Subscriber" shall mean any person or entity
receiving for any purpose the cable television service of a grantee.
(i) "Gross revenues" means any and all compensation
and other consideration, in any form whatsoever, and any contributing
grant or subsidy, received directly or indirectly by a grantee from
subscribers or users of a cable system in payment for television or
radio signal or service received within the city from such cable
systems.
(j) "Cable Act" shall mean the Cable Communication
Policy Act of 1984, Pub. L. No. 98-548, 98th Cong., 2d Sess. (1984).
Section 5.20.020. EXCLUSIVE USE OF TELEPHONE FACILITIES.
When and in the event that the grantee of any franchise
granted hereunder constructs, operates and maintains a cable 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 5.20.030. FRANCHISE TO OPERATE.
A non-exclusive, non-discriminatory franchise to construct,
operate and maintain a cable system within all or any portion of the
City may be granted by the Council to any person, firm or
corporation, whether operating under an existing franchise or not,
who or which offers to furnish and provide such system under and
pursuant to the terms and provisions of this Chapter.
No provision of this Chapter 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
Section 5.20.040. USES PERMITTED BY GRANTEE.
Any franchise granted pursuant to the provisions of this
Chapter shall authorize and permit the grantee to engage in the
business of operating and providing a cable system in the City, and
for that purpose to erect, install, construct, repair, replace,
reconstruct, maintain and retain in, on, over, under, upon, across
and along any public streets, such poles, wires, cable, conductors,
ducts, conduit, vaults, manholes, amplifiers, appliances,
attachments, and other property as may be necessary and appurtenant
to the cable system; and in addition, so to use, operate, and provide
similar 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 5.20.050. DURATION OF FRANCHISE.
No franchise or franchise renewal granted by the Council
under this Chapter shall be for a term longer than twenty years (20)
following the date of acceptance of such franchise by the grantee or
the renewal thereof.
Any such franchise granted hereunder may be terminated prior
to its date of expiration by the Council in the event that said
Council shall have found, after sixty (60) days' notice of any
proposed termination and public hearing, that:
(a) the grantee has failed to comply with any material
provision of this Ordinance or has, by act or omission, violated any
material term or condition of any franchise or permit issued
hereunder; and
(b) the grantee has been given a reasonable
opportunity to cure said material breach, and has failed to do so; or
(c) the City lawfully acquires the cable system by
paying fair market value.
(d) no franchise shall be terminated, cancelled or
revoked when the grantee thereunder has made a reasonable and
diligent effort in good faith, to correct or remedy the breach,
failure, refusal or neglect, and has substantially done so, and has
proposed a plan acceptable to the grantor for completely correcting
or remedying said breach, failure, refusal or neglect.
Section 5.20.060. FRANCHISE PAYMENTS.
(a) Any grantee granted a franchise under this Chapter
shall pay to the City, during the life of such franchise, a franchise
fee on the gross annual receipts of the grantee, computed in the
manner provided for in the granting ordinance. Such payment by the
grantee to the City shall be made quarterly, or as otherwise provided
in the grantee's franchise, by delivery of the same to the City
Clerk. The said payment shall be in lieu of any business license tax
as provided for in Chapter 5.01 of this Code.
(b) The grantee shall make available to the City,
within thirty (30) days after the expiration of any fiscal year or
portion thereof during which such franchise is in force, a financial
statement prepared by a certified public accountant, or person
otherwise satisfactory to the Council, showing in detail the gross
annual receipts, as defined herein, of grantee during the preceding
calendar year or portion thereof. It shall be the duty of the
grantee to pay to the City, within fifteen (15) days after making
such statements available, the sum herein above prescribed or any
unpaid balance thereof for the fiscal year or portion thereof covered
by such statements.
(c) In any year, or portion thereof, following the
first full year service has been provided and during which payments
under this section amount to less than Five Thousand ($5,000) Dollars
per year, grantee shall pay the City as a minimum an amount equal to
Five Thousand ($5,000) Dollars per year, provided said amount does
not exceed 5% of the total gross revenues of grantee.
(d) The City shall have the right to inspect the
grantee's records showing the gross receipts from which its franchise
payments are computed and the right of audit and recomputation of and
any all amounts paid under this Chapter. 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 5.20.070. LIMITATIONS OF FRANCHISE.
(a) Any 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 claims 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.
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(d) Any franchise or franchise renewal granted
pursuant to this Chapter is 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, either in whole or in
part, either by forced sale, merger, consolidation or otherwise
without the prior consent of the council expressed by ordinance, and
such consent shall not be unreasonably withheld, No such consent
shall be required for any transfer in trust, mortgage or other
hypothecation, as a whole, to secure an indebtedness. No sale,
transfer, lease assignment or other disposition shall relieve a
grantee from any of its duties and obligations under such franchise
or franchise renewal.
(e) Time shall be of the essence of any franchise
granted hereunder. The grantee shall not be relieved of his
obligation to comply promptly with any of the provisions of this
Chapter or by any failure of the City to enforce prompt compliance.
(f) Any rights 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, 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 Chapter or of any franchise
issued hereunder or because of its enforcement.
(h) The grantee shall be subject to all requirements
of the Campbell Municipal Code, rules, regulations, and
specifications heretofore or hereafter enacted or established.
(i) Any franchise granted shall not relieve the
grantee of any obligation involved in obtaining pole space from any
department of the City, utility company, or from others maintaining
poles in streets.
(j) As between grantee and the City, any and all
construction, operation and maintenance by any grantee of any cable
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 5.20.080. 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 shall not include any amount for the franchise itself or
for any of the rights or privileges granted, and nothing herein
contained shall be construed to contract away or to modify or
abridge, either 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
Chapter of the City, and the grantee, by its acceptance of any
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) Neither the granting of any franchise hereunder
nor any of the provisions contained herein shall be construed to
prevent the City from granting any franchise with similar terms to
any other person, firm or corporation, within all or any portion of
the City.
(d) There is hereby reserved to the City the power to
amend any section or part of this Chapter so as to require additional
or greater standards of construction, operation, maintenance or
otherwise, on the part of the grantee.
(e) Neither the granting of any franchise or any
provision hereof shall constitute a waiver or bar to the exercise of
any governmental right or power of the City.
(f) The Council may do all lawful things which are
necessary and convenient in the exercise of its jurisdiction under
this Chapter and may determine any question of fact which may arise
during the existence of any franchise granting hereunder. The City
Manager is hereby authorized and empowered to adjust, settle, or
compromise any controversy or charge arising from the operations of
any grantee under this Chapter, 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 City Manager may appeal the
matter to the Council for hearing and determination. The grantee may
appeal the matter to the Council for hearing and determination. The
Council may accept, reject or modify the decision of the City Manager
and the Council may adjust, settle or compromise any controversy or
cancel any charge arising from the operations of any grantee or from
any provision of this Chapter.
Section 5.20.090. PERMITS, INSTALLATION AND SERVICE.
(a) The following provision shall apply to a grantee
who is proposing a system upgrade or rebuild, as well as to grantees
which are not currently operating a cable system in the franchise
area.
(b) 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 systems, or their associated microwave
transmission facilities.
(c) Within ninety (90) days after obtaining all
necessary permits, licenses and authorizations, grantee shall
commence construction and installation of the cable system.
(d) Within ninety (90) days after the commencement of
construction and installation of the system, grantee shall proceed to
render service to subscribers, and the completion of the construction
and installation shall be pursued with reasonable diligence
thereafter, so that service to all areas designated on the map
accompanying the application for franchise, as provided in Section
5.20.200 hereof, shall be provided within two (2) years from the date
that service was provided.
(e) 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, under and pursuant to the terms of
Section 5.20.050 hereof; provided, however, that the Council in its
discretion may extend the time for the commencement and completion of
construction and installation for additional periods in the event the
grantee, acting in good faith, experiences delays by reason of
circumstances beyond his control.
Section 5.20.095. RATES AND CHARGES.
(a) Except when and as preempted by Federal and/or
State laws and regulations, the procedures set forth in Subsection
(b) below, apply to the setting of rates and charges associated with
the providing of services under this Ordinance and any franchise
issued hereunder.
(b) The grantee shall provide its subscribers and
users rates and charges as set forth in the franchise agreement and
no change in rates and charges may be made without the prior approval
of the Council expressed by resolution as an integral part of the
franchise agreement. Petitions for changes in rates and charges
shall be reviewed (processed) and acted upon in accordance with the
provisions of this Section and will not be unreasonably denied.
Should the grantee desire to change its rates and
charges, it shall file a petition with the Council at least ninety
(90) days prior to the proposed date of change. The petition shall
detail the proposed changes and set forth the basis for the requested
change(s). The petition shall include system historical financial
data (balance sheets and detailed profit and loss statements) in
support of the petition for the period since commencement of system
operations or the previous five (5) years, whichever is the lesser.
Council determination of proper rates and charges
shall be based on factors, which shall include, but not limited to;
the quality of signal and service delivered to subscribers, channel
capacity, number and quality of programming sources, and the
underlying economics of the system (system cash flow, grantee return
on investment, etc.)
(c) Except for low income senior citizen subscribers,
no rate established shall afford any undue preference or advantage
among subscribers, but separate rates may be established for separate
classes of subscribers.
(d) In all events, any rate decisions arrived at
pursuant to the provisions of section 5.20.095 shall not be
retroactive.
Section 5.20.100. LOCATION OF PROPERTY OF GRANTEE.
(a) Any poles, wires, cable lines, conduits or other
properties of the grantee to be constructed or installed in streets,
shall be so constructed or installed only at such locations and in
such manner as shall be approved by the Director of Public Works
acting in the exercise of his reasonable discretion.
(b) The grantee shall not install or erect any
facilities or apparatus in or on other public property, places or
rights -of -way 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, except those installed or erected upon
public utility facilities now existing, without obtaining the prior
written approval of the Director of Public Works.
(c) In those areas and portions of the City where the
transmission or distribution facilities of both the public utility
providing telephone service and those of the utility providing
electric service are underground or hereafter may be placed
underground then the grantee shall likewise construct, operate and
maintain all of its transmission and distribution facilities
underground. For the purposes of this subsection, "underground"
shall include a partial underground system, e.g., steamlining.
Equipment in grantee's transmission and distribution lines may be in
appropriate housing upon the surface of the ground as approved by the
Director of Public Works.
Section 5.20.110. REMOVAL AND ABANDONMENT OF PROPERTY OF
GRANTEE.
(a) In the event that the use of any part of the Cable
system is discontinued for any reason for a continuous period of
twelve (12) months, or in the event such system or property has been
installed in any street or public place without complying with the
requirements of grantee's franchise or this Chapter, or the franchise
has been terminated, cancelled or has expired, the grantee shall
promptly, upon being given ten (10) days' notice, remove from the
streets or public places all such property and poles of such system
other than any which the Director of Public Works may permit to be
abandoned in place. In the event of such removal, the grantee shall
promptly restore the street or other area from which such property
has been removed to a condition satisfactory to the Director of
Public Works.
(b) In the event of a failure by the parties to renew
a franchise under the provisions of any applicable federal, state or
local law, the grantor, at its election, shall have 60 days,
renewable for an additional 60 days at the discretion of the grantee,
to arrange for the purchase of the cable television system at fair
market value. In the absence of such an agreement, the grantee shall
be entitled to pursue any remedies to which it is lawfully entitled.
(c) Any property of the grantee to be abandoned in
place shall be abandoned in such manner as the Director of Public
Works shall prescribe. Upon permanent abandonment of the property of
the grantee in place, the property shall become that of the City, and
the grantee shall submit to the Director of Public Works an
instrument in writing, to be approved by the City Attorney,
transferring to the City the ownership of such property.
Section 5.20.120 CHANGES REQUIRED BY PUBLIC IMPROVEMENTS.
The grantee shall, at its expense, protect, support,
temporarily disconnect, relocate in the same street or other public
place, or remove from the street or other public place, any property
of the grantee when required by the Director of Public Works by
reason of traffic conditions, public safety, street vacation, freeway
and street construction, change or establishment of street grade,
installation of sewers, drains, water pipes, power lines, signal
lines, and tracks or any other type of structures or improvements of
public agencies; provided, however, that the grantee shall in all
such cases have the privileges and be subject to the obligations to
abandon any property of the grantee in place, as provided in Section
5.20.110 hereof.
Section 5.20.130. FAILURE TO PERFORM STREET WORK.
Upon failure of the grantee to commence, pursue, or complete
any work required by law or by the provisions of this Chapter or by
its franchise to be done in any street or other public place, within
the time prescribed, and to the satisfaction of the Director of
Public Works may, at his option, cause such work to be done and the
grantee shall pay to the City the cost thereof in the itemized
amounts reported by the Director of Public Works to the grantee
within thirty (30) days after receipt of such itemized report.
Section 5.20.140. FAITHFUL PERFORMANCE BOND.
(a) The grantee shall, concurrently with the filing of
and acceptance of award of any franchise granted under this Chapter,
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
Fifty Thousand ($50,000.00) Dollars, 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 Chapter, 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 or
removal or abandonment of any property of the grantee as prescribed
hereby which 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 thereafter until the grantee
has liquidated all of its obligations with the City that may have
arisen from the acceptance of said franchise or renewal by the
grantee of from its exercise of any privilege therein granted. The
bond shall provide 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 by 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 5.20.150. INDEMNIFICATION OF CITY.
(a) The grantee shall, concurrently with the filing of
an acceptance of award of any franchise or franchise renewal granted
under this Chapter, 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 the amount of One Million
($1,000,000.00) Dollars 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 of licensees of programs to be delivered by the
grantee's cable 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.
(b) The grantee shall, concurrently with the filing of
an acceptance of award of any franchise granted under this Chapter,
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 for loss or damage for personal injury, death
and property damage, occasioned by the operations of the grantee
under such franchise, with minimum liability limits of Five Hundred
Thousand ($500,000.00) Dollars for personal injury or death of any
one person and One Million ($1,000,000.00) Dollars for personal
injury or death of two or more persons in any one occurrence, and One
Million Dollars ($1,000,000.00) for damage to property resulting from
any one occurrence.
(c) The policies mentioned in the foregoing paragraph
shall name the City, its officers, boards, commissions, agents and
employees, as additional insured and shall contain a provision that a
written notice of cancellation or reduction in coverage of said
policy shall be delivered to the City ten (10) 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 the standard
cross -liability endorsement.
(d) Grantee shall provide evidence or Workers'
Compensation insurance, concurrently with the filing of an acceptance
of award.
Section 5.20.160. 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 in 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 Works and the City Manager at the times and in the
form prescribed by either of said officers, such reports with respect
to its operations, affairs, transactions or property, as may be
reasonably necessary or appropriate to the performance of any of the
rights, functions or duties of the City or any of its officers in
connection with the franchise.
(c) At all reasonable times, the grantee shall permit
any duly authorized representative of the city engineer and/or the
director of finance to examine all franchised property, 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
treat of the operations, affairs, transactions or property of the
grantee with respect thereto. If any of such maps or records are not
kept in the city, then upon request, they shall be made available in
the city.
Section 5.20.170. OPERATIONAL STANDARDS.
The cable system shall be installed and maintained in
accordance with the highest and best accepted standards of the
industry to the effect that subscribers shall receive the highest
possible service. In determining the satisfactory extend of such
standards the following among others shall be considered:
(a) That the system be installed using all band
equipment capable of passing the entire VHF and FM spectrum, and that
it have the further capability of converting UHF for distribution to
subscribers on the VHF band.
(b) That the system, as installed, be capable of
passing standard color TV signals without the introduction of
material degradation on color fidelity and intelligence.
(c) That the system and all equipment be designed and
rated for 24-hour per day continuous operation.
(d) In the event that authority to regulate technical
performance standards is returned to the Grantor, this section will
be modified, at the City's option, to accommodate interactive and
other state-of-the-art services as they become technically and
economically feasible.
Section 5.20.180. MISCELLANEOUS PROVISIONS.
(a) When not otherwise prescribed herein, all matters
herein required to be filed with the City shall be filed with the
City Clerk.
(b) The grantee shall pay to the City a sum of money
sufficient to reimburse it for all expenses incurred by it in
connection with the granting of a franchise or franchise renewal
pursuant to the provisions of this Chapter including but not limited
to advertising, consulting and legal services. Such payment shall be
made within thirty (30) days after the City furnishes the grantee
with a written statement of such expenses, by delivery of same to the
City Manager. Such payment shall not exceed $4,000.
(c) The grantee shall maintain an office within the
City limits or at a location which subscribers may call without
incurring added message or toll charges so that cable system
maintenance service shall be promptly available to subscribers.
(d) No dwelling unit in the existing service area of
the grantee shall be arbitrarily 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 monthly
service charge.
Section 5.20.190. USE OF UTILITY POLES AND FACILITIES
AGREEMENT.
When any portion of the cable system is to be installed on
public utility poles and facilities, certified copies of the
agreements for such joint use of poles and facilities shall be filed
with the City Clerk.
Section 5.20.200. APPLICATION FOR FRANCHISE.
(a) Application for a franchise hereunder shall be in
writing, shall be filed with the City Clerk, and shall contain the
following information.
(1) The name and address of the applicant. If
the applicant is a partnership, the name and address of each partner
shall also be set forth. If the applicant is a corporation, the
application shall also state the names and addresses of its
directors, main offices, major stockholders and associates, and the
names and addresses of parent and subsidiary companies.
(2) A statement and description of the cable
system proposed to be constructed, installed, maintained or operated
by the applicant; the proposed location of such system and its
various components; the manner in which applicant proposes to
construct, install, maintain and operate the same; and, particularly,
the extent and manner in which existing or future poles or other
facilities of other public utilities will be used for such system.
(3) A description, in detail, of the public
streets, public places and proposed public streets within which
applicant proposes or seeks authority to construct, install or
maintain any cable system equipment or facilities; a detailed
description of the equipment or facilities proposed to be
constructed, installed or maintained therein; and the proposed
specific location thereof.
(4) A map specifically showing and delineating
the proposed service area or areas within which applicant proposes to
provide Cable system services and for which a franchise is requested.
(5) A copy of proposed service agreement
between the grantee and its subscribers shall accompany the
application.
(6) A copy of any contract, if existing,
between the applicant and any public utility providing for the use of
facilities of such public utility, such as poles, lines, or conduits.
(7) A statement setting forth all agreements
and understandings, whether written oral or implied, existing between
the applicant and any person, firm or corporation with respect to the
proposed franchise or the proposed CATV operation. If a franchise is
granted to a person, firm or corporation posing as a front or as the
representative of another person, firm or corporation, and such
information is not disclosed in the original application, such
franchise shall be deemed void and of no force and effect whatsoever.
(8) A financial statement prepared by a
certified public accountant, or person otherwise satisfactory to the
Council, showing applicant's financial status and his financial
ability to complete the construction and installation of the proposed
Cable system.
(9) The Council may at any time demand, and
applicant shall provide, such supplementary, additional or other
information as the Council may deem reasonably necessary to determine
whether the requested franchise should be granted, unless preempted
by the Cable Communications Act.
(b) Upon consideration of any such application, the
Council may refuse to grant the requested franchise or the Council
may be ordinance grant a franchise for Cable system to and such
applicant as may appear from said application to be in its opinion
best qualified to render proper and efficient Cable system service to
television viewers and subscribers in the City. The Council's
decision in the matter shall be final. If favorably considered, the
application submitted shall constitute and form part of the franchise
as granted.
(c) Any franchise granted pursuant to this Chapter
shall include the following condition:
"The cable system herein franchised shall be used and
operated solely and exclusively for the purpose expressly authorized
by Ordinance of the City of Campbell and no other purpose
whatsoever."
Inclusion of the foregoing statement in any such
franchise shall not be deemed to limit the authority of the City to
include any other reasonable condition, limitation or restriction
which it may deem necessary to impose in connection with such
franchise pursuant to the authority conferred by this Ordinance.
Section 5.20.210. APPLICATION FOR RENEWAL OF FRANCHISE.
(a) Any applicant for renewal of a franchise granted
pursuant to this chapter shall file an application in the office of
the City Clerk. Such application shall contain the information
required of a franchise applicant by section 5.20.200 subsections
(1) , (4) , (7) and (9) of this Chapter.
(b) At any time during a franchise term or after the
expiration of a franchise granted pursuant to this Chapter, the
Council may negotiate the terms of a renewal of such franchise. Such
renewal may be granted after ten (10) days notice to the general
public by publication in a newspaper of general circulation in the
City of a summary of such renewal and a hearing to permit the public
to comment on the terms of such renewal. Such renewal shall be by
ordinance and shall become effective upon compliance by the
applicant with the provisions of section 5.20.220 of this Chapter.
(c) In lieu of proceeding to negotiate and grant a
franchise renewal pursuant to subsections a and b of this section,
the council may, on its own initiative, or must upon the request of
grantee, during the six-month period which begins with the 36th month
before the franchise expires, commence renewal proceedings according
to the procedures set forth in section 626 of the Cable Act.
Section 5.20.220. ACCEPTANCE AND EFFECTIVE DATE OF
FRANCHISE.
(a) No franchise granted pursuant to the provisions of
this Ordinance shall become effective unless and until the ordinance
granting same has become effective and, in addition, unless and until
all things required in this Section and Sections 5.20.140 ad
5.20.150 hereof are done and completed. If all of such things being
hereby declared to be conditions precedent to the effectiveness of
any such things are not done and completed in the time and manner
required, the Council may declare the franchise null and void.
(b) Within twenty-five (25) days after the effective
date of the ordinance awarding a franchise, or within such extended
period of time as the Council in its discretion may authorize, the
grantee shall file with the City Clerk is written acceptance, in form
satisfactory to the City Attorney, of the franchise, together with
the bond and insurance policies required by Section 5.20.140 and
5.20.150 hereof, respectively, and his agreement to be bound by and
to comply with and to do all things required of him by the provisions
of this Ordinance and the franchise. Such acceptance and agreement
shall be acknowledged by the grantee before a notary public, and
shall in form and content be satisfactory to and approved by the City
Attorney.
Section 5.20.230. VIOLATIONS.
(a) From and after the effective date of this Chapter,
it shall be unlawful for any person to establish, operate or to carry
on the business of distributing to any persons in this City and
television signals or radio signals by means of a Cable system unless
a franchise therefor has first been obtained pursuant to the
provisions of this Chapter, and unless such franchise is in full
force and effect.
(b) From and after the effective date of this Chapter,
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
system, unless a franchise authorizing such use of such street or
property or area has first been obtained pursuant to the provisions
of this Chapter, and unless such franchise is in full force and
effect.
(c) It shall be unlawful for any person, firm or
corporation to make any unauthorized connection, whether physically,
electrically, acoustically, inductively or otherwise, with any part
of a franchised Cable system within this City for the purpose of
taking or receiving television signals, radio signals, pictures,
programs, or sound.
(d) It shall be unlawful for any person, firm or
corporation to make any unauthorized connection, whether physically,
electrically, acoustically, inductively or otherwise, with any part
of a franchised Cable system within this City for the purpose of
enabling himself or others to receive any television signal, radio
signal, picture, program or sound, without payment of the owner of
said system.
(e) It shall be unlawful for any person, without the
consent of the owner, to willfully tamper with, remove or injure any
cables, wires or equipment used for distribution of television
signals, radio signals, pictures, programs or sound.
Section 5.20.240. SEVERABILITY. If any section, subsection,
sentence, clause or phrase of this Chapter 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 Chapter 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 Chapter shall not abate, reduce or otherwise
affect any consideration or other obligation required of the grantee
of any franchise granted hereunder.
PASSED AND ADOPTED this 17th day of February , 1987, by
the following vote:
AYES: Councilmembers: Kotowski, Podgorsek, Watson, Ashworth, Doetsch
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Barbara
R 1p Doe�sch, Sr., Mayor