HomeMy WebLinkAboutORD 912ORD 912 Ü h£Ÿjì ã Ö$ ORDINANCE NO. 912
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA AMENDING THE
BALDWIN PARK MUNICIPAL CODE RELATING TO
FRANCHISES FOR CABLE TELEVISION SYSTEMS.
The City Council of the City of Baldwin Park does
ordain as follows:
SECTION 1. That Chapter 5.24 of the Baldwin Park
Municipal Code is hereby repealed and rescinded.
SECTION 2. That Chapter 5.24 is hereby added to
the Baldwin Park Municipal Code, consisting of Sections
5.24.010 through 5.24.280, relating to Franchises for Cable
Television Systems, to read as follows:
Chapter 5.24 Cable Television Systems
SECTION 5.24.010. 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 plural number include the
singular number, and words in the singular number include
the plural number.
A) ADDITIONAL SUBSCRIBER SERVICE" means any
service not included in Basic Cable Service", or Basic
Radio Service", including, but not limited to, Pay-Cable or
Pay Television service.
B) BASIC RADIO SERVICE" means the provision to
all subscribers of such audio programs as the retransmission
of broadcast FM radio signals and the transmission of cable-
cast audio signals, all provided to subscribers at a monthly
rate.
C) BASIC CABLE SERVICE" shall mean any service
tier which includes the retransmission of local television
broadcast signals.
D) BROADCAST SIGNAL" means a television or radio
signal that is transmitted over the air to a wide geographic
audience and is received by a Cable Communications System
off-the-air or by microwave.
E) CABLE COMMUNICATIONS SYSTEM" or SYSTEM",
also referred to as CABLE TELEVISION SYSTEM", CABLE
SYSTEM", CATV SYSTEM", or COMMUNITY ANTENNA TV SYSTEM",
shall mean a facility, consisting of a set of closed trans-
mission paths and associated signal generation, reception,
and control equipment that is designed to provide cable
service which includes video programming and which is pro-
vided to multiple subscribers within a community, but such
term does not include:
1) A facility that serves only to retransmit
the television signals of one or more television broadcast
stations;
2) A facility that serves only subscribers
in one or more multiple unit dwellings under common owner-
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ORD 912 Ü h£Ÿjì ã Ö$ ship, control, or management, unless such facility or facil-
ities uses any public right-of-way;
3) A facility of a common carrier, except
that such facility shall be considered a cable system to the
extent such facility is used in the transmission of video
programming directly to subscribers; or
4) Any facilities of any electric utility
used solely for operating its electric utility systems.
F) CABLE SERVICE" shall mean the total of the
following:
1) The one-way transmission to subscribers
of video programming or other programming service; and
2) Subscriber interaction, if any, which is
required for the selection of such video programming or
other programming service.
G) CABLECAST SIGNAL" means a nonbroadcast signal
that originates within the facilities of the Cable Televi-
sion System.
H) CABLE-MILE" means a linear mile of strand-
bearing cable as measured on the street or easement from
pole to pole or pedestal to pedestal.
I) CHANNEL" or CABLE CHANNEL" shall mean a
portion of the electromagnetic frequency spectrum which is
capable of delivering a television channel as defined by the
Federal Communications Commission.
J) CITY" shall mean the City of Baldwin Park, a
general law city, in its present incorporated form or in any
later reorganized, consolidated, enlarged or re incorporated
form.
K) CLASS IV CHANNEL" means a signaling path
provided by a Cable Television System to transmit signals of
any type from a subscriber terminal to another point in the
cable television system.
L) CLOSED-CIRCUIT" or INSTITUTIONAL SERVICE"
means such video, audio, data and other services provided to
institutional users on an individual requirement, private
channel basis. These may include, but not 1imited to, two-
way video, audio or digital signals among institutions or
from institutions to residential subscribers.
M) COMMENCE CONSTRUCTION" means that time and
date when construction of the Cable Television System is
considered to have commenced, which shall be when the first
connection is physically made to a utility pole, or under-
grounding of cables is initiated, after preliminary engi-
neering strand mapping) and after all necessary permits and
authorizations have been obtained.
N) CITY MANAGER" shall mean the City Manager of
the City of Baldwin Park or his designee.
0) COMMENCE OPERATION" means that time and date
when operation of the Cable Television System is considered
to have commenced which shall be when sufficient distribu-
tion facilit ies have been installed so as to permit the
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ORD 912 Ü h£Ÿjì ã Ö$ offering of full service to at least ten percent 10%) of
the dwelling units located within the service area.
P) COMMERCIAL SUBSCRIBER" means a subscriber who
receives a service in a place of business, where the service
may be utilized in connection with a business, trade, or
profession.
Q) COMMERICAL USE CHANNEL" shall mean the
channel(s) available for commercial use as defined by
Federal law and specified in the franchise agreement.
R) CONVERTER" means an electronic device which
converts signal carriers from one form to another•
S) COUNCIL" shall mean the legislative body of
the City.
T) EDUCATIONAL ACCESS CHANNEL" or EDUCATIONAL
CHANNEL" means any channel where educational institutions
are the primary designated programmers.
U) FRANCHISE" shall mean an initial authoriza-
tion, or renewal thereof, issued by a franchising authority,
whether such authorization is designated as a franchise,
permit, license, resolution, contract, certificate, agree-
ment, or otherwise, which authorizes the construction or
operation of a cable system.
V) GOVERNMENT ACCESS CHANNEL" or GOVERNMENT
CHANNEL" means any channel where government agencies are the
primary designated programmers.
W) GRANTEE" shall mean the person, firm, or
corporation granted a Franchise by the Council pursuant to
this Chapter and the lawful successor, transferee or
assignee of said Grantee.
X) GROSS RECEIPTS" shall mean any and all com-
pensation in whatever form, derived by a Grantee from the
operation of a system including, but not 1imited to all of
the following;
1) grants, subsidies, exchanges, directly or
indirectly received by a Grantee; gross receipts" shall not
include any refund or any tax imposed upon a subscriber
collected by a Grantee for a taxing entity; and
2) any and all compensation and other con-
sideration received directly or indirectly by the Grantee
from subscribers in payment of the installation fee and
service charge for any furnished service of the Cable Tele-
vision System and
3) any and all income, compensation and
other consideration rece ived by Grantee from any advertising
on its cable television system; and
4) any and all fees or income received by a
Grantee for the lease or rental, and compensation for any
service in connection therewith, of studio and equipment
rental and production costs and air time, of any channel.
Y) INSTALLATION" means the connection of the
System to subscribers' terminals, for the provision of
service.
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ORD 912 Ü h£Ÿjì ã Ö$ Z) LOCAL ORIGINATION CHANNEL" means any channel
where a Grantee is the primary designated programmer, and
provides video programs to subscribers.
AA) MONITORING" means observing a communication
signal, or the absence of a signal, where the observer is
neither the subscriber nor the programmer, whether the
signal is observed by visual or electronic means, for any
purpose whatsoever. Monitoring shall not include system-
wide, nonindividually addressed sweeps of the system for
purposes of verifying system integrity, controlling return
paths transmissions, or billing for pay-cable.
BB) NONBROADCAST SIGNAL" means a signal that is
transmitted by a Cable Television System and that is not
involved in an over-the-air broadcast transmission path.
CC) OPEN CHANNEL" means any channel that can be
received by all subscribers, without the necessity for
spec ial equipment.
DD) PAY-CABLE" or PAY-TELEVISION" means the
delivery to subscribers, over a Cable Television System, of
television signals for a fee or charge to subscribers over
and above the charge for Basic Subscriber Service, on a per
program, per channel, or other subscription basis.
EE) PENETRATION" means the result expressed in
the percentage obtained by dividing the total number of
potential subscribers in the service area into the number of
subscribers receiving service.
FF) PERSON" shall mean any natural person and
all domestic and foreign corporations, associations, syndi-
cates, joint stock corporations, partnerships of every kind,
clubs, business or common law trusts, and societies•
GG) PRIVATE CHANNEL", 0 r CLOSED-CIRCUIT
CHANNEL" means any channel which is available only to sub-
scribers who are provided with special converter or terminal
equipment to receive signals on that channel.
HH) PROGRAMMER" means a person or entity who or
which produces or otherwise provides program material or
information for transmission by video, audio, digital, or
other signals, either live or from recorded tapes or other
storage media, to subscribers, by means of a Cable Tele-
vision System.
II) PUBLIC ACCESS CHANNEL", or COMMUNITY ACCESS
CHANNEL" means any channel where any member of the general
public or any noncommercial organization may be a pro-
grammer, without charge, on a first-come, first-served,
no ndiscr minatory basis, in accordance with the terms of the
franchise agreement.
JJ) PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS
FACILITIES" or PEG ACCESS FACILITIES" shall mean the total
of the following;
1) Channel capacity designated for public,
educational or governmental use; and
2) Facilities and equipment for the use of
such channel capacity.
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ORD 912 Ü h£Ÿjì ã Ö$ KK) SERVICE AREA" shall mean that geographical
area of the City throughout which a Grantee, pursuant to its
Franchise, shall provide cable service to subscribers.
LL) SERVICE TIER" shall mean a category of cable
service or other services provided by a Grantee for which a
separate rate is charged by the Grantee•
MM) SPECIAL SERVICE AREA" shall mean any area of
the City designated by the Council, if it so elects, in the
Franchise, where the Grantee may charge different rates, or
provide different services, than in the remainder of its
service area.
NN) STREETS" shall mean those public streets,
alleys, easements and other publiciy owned property, desig-
nated in a Franchise as areas within which a Grantee may
place its facilities utilized by it in operating its System.
00) TAPPING" means observing a two-way communi-
cations signal exchange, where the observer is neither of
the communicating parties, whether the exchange is observed
by visual or electronic means, for any purpose whatsoever.
SECTION 5.24.020. FRANCHISE TO INSTALL AND OPERATE
SYSTEM
Non-exclusive Franchises to install, construct,
operate and maintain a System within all or a specific por-
tion of the City, as described in the Franchise, 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 Chapter, and appiicable state and federal
law.
No provision of this Chapter shall be deemed or
construed as to require the granting of a Franchise when in
the opinion of the City Council it is in the public interest
not to grant such Franchise.
SECTION 5.24.030 CABLE TELEVISION SYSTEM STANDARDS
A System permitted to be installed and operated
pursuant to a Franchise shall be designed and installed to
meet all of the standards and shall offer all of the
services as required by this Chapter and the Franchise. Said
services shall be offered to all subscribers in accordance
with this Chapter and its Franchise. The Grantee shall not
reduce nor change the level of required services without
prior City Council approval.
A) INTERCONNECTION OF SERVICES. Each Grantee
shall make all reasonable efforts to electrically inter-
connect its System with Systems in adjacent communities for
the purposes of sharing locally originated subscriber and
institutional services. Such an interconnect shall be ef-
fected by coaxial cable, fiber optic cable, microwave or
other bi-directional signal transportation means as appro-
priate to permit services interchange in compliance with the
technical provisions of this Chapter. Within a reasonable
time as set by the City, each Grantee shall contact all
franc hised operators in the communities adj acent to the City
for the purposes of exploring and securing a mutually
acceptable system interconnect agreement and report the
results of said activity to the City Manager. Said report
shall state each contacted operator* s name, city, and
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ORD 912 Ü h£Ÿjì ã Ö$ response, 1ist all programming and services activity avail-
able to Subscribers via an interconnect agreement as well as
list programming and services to similarly be transmitted
from the City to such adj acent communities; and an explana-
tion of the substance of the governing business agreement
reached with the other operators•
1) If an adjacent operator is responsive to
a Grantee's inquiry for interconnect, the City Council regu-
lating the Franchise of such adjacent operator, and the City
Council must first approve all details, plans and other
agreements before implementation of the interconnect, which
consent shall not be unreasonably withheld.
2) If an adj acent operator is not responsive
to a Grantee's inquiry, a letter report, describing the
reasonable attempts made to obtain an interconnect agreement
and indicating why the same was unsuccessful, shall be filed
with the City Manager.
3) In the case of new Systems constructed in
adjacent communities after the System in this City is opera-
tive, a Grantee shall have six 6) months after the new
System becomes operational to make the required inquiries
and attempt to obtain an interconnect agreement.
4) In the case of Systems operated in adja-
cent communities by a Grantee of a Franchise issued pursuant
to this Chapter, such Grantee shall provide a plan to inter-
connect with the System operated under such Franchise, the
implementation of which shall be mutually acceptable by each
affected City. Such plan shall be submitted to the City
within the time set by the City Manager.
B) SYSTEMS CONSTRUCTION STANDARDS.
1) General Construction Schedule.
a) Within the time set in its
Franchise, a Grantee shall commence, and thereafter, shall
proceed with due diligence, to obtain all necessary permits
and authorizations which are required in the conduct of its
business, including, but not 1imited to, any utility joint
use attachment agreements, microwave carrier 1icenses, and
other permits, 1icenses and authorizations to be granted by
duly constituted regulatory agencies having j urisd iction
over the operation of cable television systems, associated
microwave transmission/reception facilities and/or satellite
communications facilities.
b) Within the time set in its
Franchise, a Grantee shall commence construction and instal-
lation of its System.
c) Each Franchise shall set a construc-
tion schedule for the completion of the installation of the
System throughout the proposed service area. Failure of a
Grantee to complete the installation of its system in the
time and manner set forth in its Franchise shall result in
the imposition of liquidated damages, and, in the sole dis-
cretion of City, shall be grounds for termination of the
Franchise. The proposed construction schedule shall not, in
any event, exceed two 2) years, except that, by resolution,
pursuant to subsection d) of this Section, the Council, in
its discretion, may extend the time for the commencement and
completion of installation and construction for additional
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ORD 912 Ü h£Ÿjì ã Ö$ periods in the event Grantee, acting in good faith, experi-
ences delays by reason of c ire urnstances beyond his control.
d) Any requests for extensions of the
proposed construction schedule approved as part of a Fran-
chise, due to acts of God, acts of the public enemy, fires,
floods, epidemics, quarantine restrictions, strikes, lock-
outs, freight embargoes, unusually severe weather, or from
any other cause beyond the reasonable control of a Grantee
and/or its employees, agents or contractors, must be
requested from the City Manager in writing within fourteen
14) days after the cause for such delay first occurs. Such
request must specify the exact reason for the delay and the
total number of extension days requested. A Grantee shall
provide written substantiation supporting such a request•
Within fourteen 14) days of receipt of a Grantee's request
for an extension the City Manager shall respond to the
Grantee with approval, partial approval, or denial, of the
request for extension.
e) By acceptance of a Franchise granted
hereunder, each Grantee shall be deemed to have agreed that
failure to comply with any time requirements referred to in
Subsections a), b), and c), of this Section, shall result
in the imposition of 1iquidated damages, pursuant to the
Franchise, and may, in the discretion of the City be grounds
for termination of the Franchise.
2) Use of Poles. A Grantee shall be author-
izes to utili ze existing poles, conduits, and other facili-
ties of a public utility, but shall not be authorized to
construct or install any new, different, or additional
poles, whether on public or privately-owned property, unless
the Franchise expressly so provides.
3) Underg round ing of Sys tern. In a Grantee's
Service Area where the transmission or distribution facil-
ities of the respective public utilities providing tele-
phone communication and electric services are underground,
or hereafter are placed underground, or whenever the City
shall undertake a program designed to cause such fac ilities
to be underg rounded in all or a part of such service area,
such Grantee shall likewise construct, place or replace,
reconstruct, and thereafter operate and maintain, all of its
System underground, with the exception of active elec-
tronic" equipment which may be placed above ground. Such
Grantee shall have the option of sharing or not sharing
public utility trenches, however at no time shall such
Grantee place cable underground without appropriate
conduit. The entire cost of underg round ing required pur-
suant to this Section shall be borne by such Grantee•
4) Required Approvals. The design and loca-
tion of all surface or above ground mounted equipment shall
be approved by the City Engineer. Such equipment shall be
located so as not to endanger the persons or property, nor
physically detract from the surroundings. The method of
underground construction to be utilized by a Grantee,
whether by trenching, boring, cutting or other method and
the restoration of Streets utilized for the placement of
such Grantee's property shall be submitted to the City
Engineer for approval. The construction shall be subject to
the required permit fees and City inspection as may be re-
quired by other applicable laws or regulations heretofore or
hereafter adopted, includ ing, but not 1imited to, those
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ORD 912 Ü h£Ÿjì ã Ö$ pertaining to works and activities in, on, under or over
Streets.
5) Submission of Drawings. Each Grantee
shall furnish the City with as-built drawings of its entire
System within the time set therefor by the City Engineer. In
the event a Grantee desires to make any changes or modifica-
tions to its System that would alter the as-built plans,
such Grantee shall first obtain approval therefor from the
City Engineer and then file revised as-built drawings which
reflect the changes within thirty 30) days of completion of
same.
6) City Use of Facilities. The City shall
have the right, free of charge, to make additional use, for
any public or municipal purpose, whether governmental or
proprietary, of any facilities erected, controlled, or main-
tained exclusively by or for a Grantee, provided such use
does not unreasonably interfere with the use thereof by such
Grantee,
7) Identification Required• Each Grantee
shall provide, at its sole expense, a method of
employee/subcontractor identification, acceptable to the
City, for all such individuals who may make personal contact
with residents of the City for the purposes of construction,
marketing, or other matters relating to its System.
8) Maintenance, Removal, Abandonment. Each
Grantee at its sole expense shall protect, support, tempo-
rarily disconnect, relocate or remove its property when, in
the opinion of the City Engineer, the same is required by
reason of traffic conditions, public safety, street vaca-
tion freeway or strict construction proj ects. Each such
Grantee shall be permitted, subject to the approval of the
City Engineer, to abandon any of its property in place,
Work required by a Grantee hereunder shall not be deemed a
taking of the property of the Grantee, and such Grantee
shall not be entitled to reimbursement by reason of action
required hereunder.
a) Upon the failure, refusal or neglect
of any Grantee to perform any work or other act required by
this Section to be properly completed within the time pre-
scribed therefor by the City Manager, the City Manager may
cause such work or other act to be completed in whole or in
part by City forces or others, and upon so doing shall sub-
mit to such Grantee an itemized statement of the costs
thereof. Such Grantee shall, within thirty 30) days after
receipt of such statement, pay to the City the entire amount
thereof, without off-set or deduction.
b) In the event that;
i) The use of any part of a System
is discontinued for any reason for a continuous period of
thirty 30) days, without prior written approval by the
City? or
ii) Any part of such System has
been installed in any street or other area without complying
with the requirements of this Chapter or the Franchise; or
iii) Any Franchise is terminated,
cancelled, or has expired; then such Grantee shall, at the
option of the City, and at the sole expense of the Grantee,
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ORD 912 Ü h£Ÿjì ã Ö $ upon demand of the City, promptly remove or, with the prior
approval of the City Engineer, abandon in place, all of its
property referred to in subdivisions i), ii) or iii)
hereof. Upon abandonment of any such property in place,
Grantee shall cause to be executed, acknowledged and
delivered to the City, such instruments as the City Attorney
shall prescribe and approve, transferring and conveying the
ownership of such Property to the City.
C) TECHNICAL PERFORMANCE AND MAINTENANCE
STANDARDS. Each System shall be designed, installed, and
maintained in accordance with the technical performance
standards contained in the Franchise. In addition, should
the Federal Communications Commission FCC), or any other
State or Federal authority having jurisdiction, impose on
CATV Systems technical performance standards either outside
the scope of the technical performance standards contained
in a Franchise, or requiring a higher level of System per-
formance those standards shall be cornplied with by each
Grantee.
If, for any reason, the technical standards imposed
by the FCC or other authority, shall be reduced in scope or
service level, the more stringent standards imposed by the
Franchise shall be deemed to be in full force and effect•
D) MAINTENANCE OF SYSTEM. Each Grantee shall
maintain its System so it consistently operates within sub-
stantial compliance of the technical standards applicable
thereto, substantial compliance being defined as ninety-five
percent 95%) of the channels to be received shall meet all
appiicable technical standards simultaneously at the time of
measurement, and one-hundred percent 100%) of the local
origination equipment shall meet all applicable technical
standards specified herein.
E) NEW DEVELOPMENTS. Each Grantee shall continue
to upgrade its System and service so that its System is as
advanced as the then current state of technology will allow.
Each Grantee shall install additional channel capacity as
required to keep channel capacity in excess of the reason-
able demand thereof by users. At all times the System shall
be no less advanced than any other System of comparable
size, excepting only Systems which are experimental, pilot,
or demonstration.
F) LOCAL BUSINESS OFFICE. Each Grantee shall
maintain a local business office within the City for the
purpose of conducting its local activities. Each Grantee
shall maintain a 24-hour toll-free answering serv ice for
service related problem calls, as well as separate toll-free
telephone numbers for the System Manager, the Sales Market-
ing Department, and Service Department. A minimum of three
lines shall be maintained for service and sales, and, in the
event the City determines through subscriber complaints that
that number is insufficient to meet current demands, such
Grantee shall add such additional lines as may be necessary
in the opinion of the City Manager, to provide prompt, effi-
cient response to subscriber inquiries.
All such required telephone lines shall be listed
in directories of the telephone company serving the City,
and be so operated that complaints and requests for repairs
or adj ustments may be received at any time, day or night,
seven 7) days a week. All complaints shall be acknowledged
within twenty-four 24) hours of receipt.
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ORD 912 Ü h£Ÿjì ã Ö
$ G) COMPLAINT PROCEDURE AND REMEDIES FOR INADE-
QUATE SERVICE,
1) Complaint Procedure. The following pro-
cedure shall be utilized to address subscriber complaints:
a) Each Franchise Appiication shall
include a proposed written procedure for receiving, acting
upon and resolving subscriber complaints.
b) Each Grantee shall furnish a copy of
such approved complaint procedures to each subscriber at the
time of the initial subscription.
c) Each Grantee shall maintain a
written record, or log" listing date and time of all
customer complaints, identifying the subscriber and deter-
mining the nature of the complaints and when and what action
was taken by the Grantee in response thereto; such record
shall be kept at each Grantee's local office, reflecting the
operations to date for a period of at least three 3) years,
and shall be available for inspection during regular busi-
ness hours without further notice or demand by the City
Manager.
d) In the event that a subscriber com-
plaint is not resolved to the mutual satisfaction of the
subscriber or the Grantee, either may submit the matter to
the City Manager for resolution of such dispute. The City
Manager's determination shall be final.
2) Inspection Orders•
When there have been a substantial number of
similar complaints made or where there exists other evidence
which, in the judgment of the City Manager, casts doubt on
the reliability or quality of cable service, or the
Grantee's ability to meet the technical standards herein
adopted, the City Manager shall have the right and authority
to compel such a Grantee to test, analyze, and report on the
performance of that part of its System involved in the prob-
lem. Such test or tests shall be made and the reports of
such test or tests shall be delivered to the City Manager
within the time set by the City Manager. Such report shall
include the following information:
a) the nature of the complaint which
precipitated the special test.
b) what System component was tested.
c) the equipment used and procedures
employed in such testing.
d) the names of the individuals per-
forming and witnessing the testing.
e) the date, time, and location of
testing.
f) the results of such test.
Any other information pertinent to the special test shall
also be recorded.
If, in the judgment of the City Manager the resul-
tant tests indicate the service problem(s) are preventable
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ORD 912 Ü h£Ÿjì ã Ö $ and within the Grantee's control, the City Manager shall
issue a written order to the Grantee directing that the
problem be remedied within a reasonable period, set by the
City Manager. A failure by a Grantee to comply with any
order issued pursuant to this Section shall result in the
imposition of liquidated damages as set forth in its Fran-
chise and other remedies set forth herein or in the Fran-
chise.
3) Remedies for Inadequate Service. The follow-
ing remedies for inadequate or untimely service to sub-
scribers are hereby established:
a) In the event that service to any sub-
scriber is interrupted r without fault of the subscriber, for
twenty-four 24) or more consecutive hours, except for acts
of God, and except in circumstances for which prior approval
of the interruption is obtained from the City Manager, a
Grantee shall provide a pro-rata rebate of the monthly fees
during which the interruption occurs, to each affected sub-
scriber. If either the Grantee or the subscriber is dissat-
isfied with the amount of the rebate, either may request a
hearing before an arbitrator selected by the City Council.
The arbitrator may award a pro rata rebate, plus assess a
penalty upon the Grantee, not to exceed $200 for any one
month of interrupted service.
b) In the event that the System fails to
meet any performance standards speci fied herein for a period
of ninety 90) or more consecutive days. Grantee shall
reduce all subscribers' fees by an amount set by the City
Manager, until all such performance standards are met. The
City Manager shall notify a Grantee in writing during the
first month of the three 3) month period that the System
has failed to meet performance standards.
H) Periodic Testing and Reporting. Each Grantee
shall test its System, and report the results to the City,
on a scheduled basis as specified below:
1) Quarterly System Tests. On the last
regular working day of each of the first three 3) operating
quarters of each year, each Grantee shall submit System
performance data taken within the last quarter to the City
Manager. The specific data to be required in the quarterly
test report shall be set forth in the Franchise.
2) Annual System Tests. During the last
month of the fourth operating quarter of each year, each
Grantee shall perform annual performance tests of System.
a) Such tests shall be in full cornpli-
ance with applicable FCC regulations and technical
standards, and regulations and technical standards included
in the Franchise.
b) Such tests shall be independently
witnessed and the resultant data analyzed by a representa-
tive of the City if so directed by the City Manager.
c) All necessary test instrumentation
shall be supplied by each Grantee. A current certificate of
calibration by an independent calibration laboratory shall
be suppiled for each test instrument. All costs for instru-
mentation and calibration shall be borne by each Grantee.
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ORD 912 Ü h£Ÿjì ã Ö
ORD 912 Ü h£Ÿjì ã Ö
$ subscribers, commercial subscribers, additional television
outlets, and saturation total subscribers divided by total
dwelling units passed.)
d) Statistics on System Ex pans ion• A
listing of any expansion of the System in the service area
including a measure, in miles of cable, of such expansion.
Designations shall be included to identify expansions to new
developments.
e) Technical Standards. A detailed,
informative, and referenced statement describing the actual
equipment and operational standards of each Grantee and the
corresponding standards required by this Chapter.
f) Subscriber Agreements. Copies of
new or revised subscriber agreements, if any.
I) PEG ACCESS FACILITY MANAGEMENT.
1) Intent. It is the intent of the City to
insure that access facilities and channels provided for in
any Franchise, are managed in the best public interest, so
that programming on such channels will be free of censor-
ship, open to all residents, and available for all forms of
public expression, community information and debate of
public issues. Pursuant to these objectives, the City may
delegate the responsibility for PEG access facility manage-
ment to a nonprofit entity which may include, but not be
limited to, any of the following:
a) A nonprofit public corporation; or
b) A PEG access facility management
commission or committee, the members of which shall be ap-
pointed by City, so as to represent a broad spectrum of the
community; or
c) An established nonprofit entity with
special cablecasting capability, such as a local or regional
community college.
2) Functions. The entity designated to
manage the access facilities and channels shall have the
following functions:
a) Responsibility for program produc-
tion for and management of the public access facilities
channel and all other community channels as may be desig-
nated in the Franchise for community-based programming.
Community channels may include government and educational
access channels, as designated in the Franchise; and
b) To assure that the Public access
facilities and channels are made available to all residents
of the Franchise service area on a nondiscrim inatory, first-
come first-served basis.
c) To assure that no censorship facil-
ities or control over program content of the public access
facilities and channels exists, except as is necessary to
comply with FCC prohibition of material that is: obscene;
or contains commercial advertising, or constitutes the con-
duct of a lottery; or otherwise violates a valid law or
regulation;
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ORD 912 Ü h£Ÿjì ã Ö$ d) To devise, establish, and administer
reasonable rules, regulations, and procedures pertaining to
the use and scheduling of the public access facilities and
channels;
e) To prepare, in conjunction with the
Grantee, such regular or special reports as may be required
or desirable;
f) To hire and supervise its staff;
g) To make all purchases of materials
and equipment that may be required;
h) To develop sources of fund ing, such
as foundation or federal or state grants, to further its
functions;
i) To perform such other functions
relevant to the public access facilities and channels as may
be appropriate;
j) Establishment of budgets on an
annual basis.
3) Access Rules. The PEG access facility
management entity shall complete a set of rules for the use
of the Access facilities and channels which shall be
promptly forwarded to the Grantee for review. The rules,
after review by Grantee, shall be submitted to the City
Manager for approval.
a) Access on a first-come, first-
served, nondiscriminatory basis for all residents of the
Franchise service area;
b) Prohibition of commercial or polit-
ical use;
c) Prohibition of any presentation of
lottery information, or obscene or indecent material;
d) Public inspection of the log of
producers, which shall be retained by the Grantee for a
period of four 4) years;
e) Procedures by which individuals or
groups who violate any rule may be prevented from further
access to the channel;
of channel
support.
Free use of such reasonable amounts
sting facilities, and technical
f)
time, cablecasting
4) PEG Access Facility Management Entity
Reports to City. The PEG access facility management entity
shall provide a report to the City, at least annually, indi-
cating achievements in community-based programming and ser-
vices, and, if required by the City Manager, shall provide a
special report each time Grantee requests an increase in
rates, indicating the level and quality of Grantee's support
during the period elapsed since any previous rate increase
was implemented.
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ORD 912 Ü h£Ÿjì ã Ö$ SECTION 5.24,040. FRANCHISE FEE-AMOUNT-PAYMENT.
Each Grantee granted a Franchise pursuant to this
Chapter shall pay to the City, during the life of such Fran-
chise a sum equal to five percent 5%) of its annual total
gross receipts. If, during any part of the term of any
Franchise, a Federal or State 1itigation is imposed on the
amount of the Franchise fee required hereunder, such 1imita-
tion shall apply only for the time period such 1 imitation is
legally operational. Franchise fee payments by each Grantee
to the City shall be made periodically as set forth in each
Franchise. All such fees shall be paid to the City
Treasurer. Franchise payments required hereunder shall be
in lieu of any business license tax.
In the event the above payments are not received by
the City at the specified times, each Grantee shall pay to
the City, in addition to the principal sums due, interest
thereon in the maximum amount then allowed by law on the
unpaid balance.
Each Grantee shall file with the City Manager with-
in ninety 90) days after the expiration of each Grantee's
fiscal year or portion thereof during which its Franchise is
in force, a balance sheet and statement of profit and loss
showing in detail the gross receipts, as defined herein,
received by such Grantee during each such fiscal year, or
portion thereof• The manner of preparation of the financial
reports shall be set forth in the Franchise.
Section 5.24.050, INSPECTION OF RECORDS.
A) FISCAL RECORDS. AUDITS. The City shall have
the right to inspect and aud it each Grantee' s fiscal
records. If an independent audit of any Grantee's records,
d irected by the City, shows a Franchise fee underpayment of
two percent 2%) or more, such Grantee shall bear all costs
of said audit. No acceptance of any payment shall be con-
strued as a release or as an accord and satisfaction as to
any claim the City may have for further additional sums
payable, or for the performance of any other obiigation of a
Grantee pursuant to this Chapter or its Franchise.
B) OTHER RECORDS. The City shall have the right
to inspect at any time during normal business hours, all
books, records, maps, plans, financial statements, service
complaint lots, performance test results and other 1 ike
materials of any Grantee, which relate to the operation
under the Franchise and are maintained at the local office
of a Grantee.
If any of such books or records are not kept in the
local office, the same, upon reasonable request, shall be
made available to the City, at Grantee* s expense.
C) COPIES OF FEDERAL AND STATE RESORTS. The
Grantee shall submit to the City copies of all pleadings,
appiications, reports, communications and documents of any
kind, submitted by the Grantee to, as well as copies of all
decisions, correspondence and actions by, any federal, state
and local courts, regulatory agencies and other government
bodies relating to its cable television operations pursuant
to its Franchise. Grantee shall submit such documents to
the City simultaneously with their submission to such
courts, agencies and bodies; and within five 5) days after
their receipt from such courts, agencies and bodies. The
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ORD 912 Ü h£Ÿjì ã Ö$ Grantee hereby waives any right to claim confidential, priv-
ileged or proprietary rights to such documents unless such
confidential rights are determined to be confidential by law
or by the practices of federal or state agencies. Such
confidential data exempt from public disclosure shall be
retained in confidence by the City and its authorized agents
and shall not be made available for public inspection.
D) MISCELLANEOUS REPORTS. Grantee shall submit
to the City such otherinformation or reports in such forms
and at such times as the City may reasonably request or
require.
E) INCOME TAX RETURNS. If considered necessary
in rate disputes, and if not incorporated with parent com-
pany returns, the Grantee shall submit to the City copies of
all income tax returns and reports which are filed with the
local, state or federal governments pertaining to its Cable
System, pursuant to its Franchise, upon City request. Such
returns, to the extent deemed confidential by state or fed-
eral agencies, shall not be disclosed to the public.
F) INSPECTION OF FACILITIES. The Grantee shall
allow the City to make inspections of any of the Grantee's
facilities and equipment at any time upon reasonable notice,
or, in case of emergency, upon demand without prior notice,
to allow City to verify the accuracy of any submitted
resort.
G) FAILURE TO FILE REPORT. The refusal, failure,
or neglect of the Grantee to file any of the reports
required, or such other reports as the City reasonably may
request, or follow inspection of its facilities, shall be
deemed a material breach of terms of its Franchise, and
shall subject the Grantee to all remedies, legal or equit-
able, which are available to the City under the Franchise or
otherwise.
H) FALSE STATEMENTS. Any materially false or
misleading statement or representation made knowingly by the
Grantee in any report required hereunder shall be deemed a
material breach of the Franchise and shall subject the
Grantee to all remedies, legal or equitable, which are
available to the City under the franchise or otherwise.
I) COST OF REPORTS. All reports and records
required underthis or any other Section shall be furnished
to the City at the sole expense of the Grantee.
SECTION 5.24.060. APPLICATIONS FOR FRANCHISE
A) Each appiication for a Franchise to construct,
operate, and maintain a System in this City shall be filed
with the City Clerk on forms provided by City.
Each appiication shall be accompanied by a nonre-
fundable application fee, in an amount set by the City
Manager, to defray the cost of filing and processing the
appiication, which shall be in form of a certified or
cashier's check or a money order.
B) The Counc il shall, by advertisement or any
other means, solicifc and call for appiications for cable
television system franchises, and may determine and fix any
date upon which the same shall be received by the City, and
may make any other determination and specify any other terms
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ORD 912 Ü h£Ÿjì ã Ö$ or conditions, respecting the soliciting and call ing for
such appiications.
C) Upon receipt of an appiication for a
Franchise, the City Manager shall expeditiously prepare a
report hereafter Report") including his recommendations
respecting such appiication, which shall be filed with the
Council and each appileant.
D) Upon receipt of said report and recommenda-
tions of the City Manager the Council shall adopt a resolu-
tion of intention which shall:
1) set a time and place for a public hearing
to consider the granting of a Franchise;
2) give notice of receipt of the applica-
tions, and describe the character of the franchise desired;
and
3) the terms and conditions upon which such
franchise is proposed to be granted.
Copies of the appiication and the report shall be
available for public inspection at the office of the City
Clerk. The City Clerk shall publish the said Resolution at
least once in a newspaper of general circulation within the
City at least ten 10) days prior to said hearing.
E) At the time set for the hearing, or at any
adjournment thereof, the Counc il shall proceed to hear all
interested persons, including any objections or protests to
the granting of the franchise.
In making any determination hereunder as to any
appiication, the Counc il shall give due consideration to the
qualifcy of the service proposed, rates to subscriber; income
to the City, experience, character and technical and finan-
cial responsibility of the applicant; and any other consid-
erations deemed pertinent by the Counc il for safeguarding
the interests of the City and public. The Council, at its
discretion, shall determine whether to award a franchise on
the basis of such considerations.
F) The Council m$r at any time prior to the close
of the hearing, demand and the appiicant shall provide, such
supplementary, additional or other information as the
Council may deem reasonably necessary to determine whether
the requested franchise should be granted.
G) After the public hearing the Council shall
make one of the following determinations:
1) That one or more of said applications for
a franchise be denied;
2) That one or more of said applications for
a franchise be granted upon appropriate terms and cond i-
tions.
H) If the Council shall deny an application for a
franchise, such determination shall be final and conclusive.
I) If the Council shall determine that an appii-
cation for a franchise shall be granted, such Franchise
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ORD 912 Ü h£Ÿjì ã Ö$ shall be granted by ordinance, naming the Grantee, and set-
ting forth the terms and conditions thereof.
J) Any Grantee, prior to the effective date of
its Franchise, shall reimburse City for its actual eng ineer-
ing, administrative, publication and legal expenses incurred
in connection with the processing, evaluation, and prepara-
tion of documents relating to such Franchise, in excess of
the prepaid non-refundable application fee.
SECTION 5.24.070. FRANCHISE TERM: DURATION. TERM"
I NAT ION
A) DURATION. Any Franchise granted under this
Chapter shall be for a term not to exceed fifteen 15)
years, as determined by the City Council. The term of a
Franchise shall commence the date of its acceptance by the
Grantee•
B) TERMINATION.
1) Pursuant to the procedures set forth in
this Chapter and any appiicable state and federal law, the
City may terminate any Franchise granted pursuant to the
provisions of this Chapter in the event of the failure,
refusal or neglect by Grantee to do or comply with any
material requirement or 1 imitation contained in this
Chapter, in the Franchise, in any rule or regulation adopted
by the Council, or in any lawful order issued for or on
behalf of the City, hereinafter, collectively, Re-
quirement"
2) The City Manager shall make written
demand upon a Grantee to do or comply with any such Require-
ment. If the failure, refusal or neglect of a Grantee to so
comply, continues following such written demand, the City
Manager shall advise the City Council thereof. The Council
shall set a public hearing to consider whether such Fran-
chise should be terminated. The City Clerk shall cause to
be served upon such Grantee, at least thirty 30) days prior
to the date of such Council hearing, a written notice of the
request for such termination, and the time and place of the
hearing• The City Clerk shall also publish a notice of such
a hear i ng, set t ing forth a t ime and pi ace when and where any
persons having any interest therein may appear before the
Council and be heard, at least ten 10) days prior to the
hearing in a newspaper of general circulation within the
City.
3) The Council shall consider the matter and
shall hear any persons interested therein, and shall deter-
mine whether or not any failure, refusal or neglect by the
Grantee occurred as charged.
4) If such failure, refusal or neglect by
the Grantee is found by the Council to have occurred, but is
found to be the result of excusable neglect by Grantee, the
Council shall order the Grantee to comply with such Require-
ment within such time and in such manner as it deems reason-
able.
5) If the Council shall determine such
failure refusal or neglect by the Grantee occurred, but was
not due to excusable neglect by Grantee, then the Council
shall, by resolution, impose liquidated damages, and may
declare that the Franchise of such Grantee shall be termi-
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ORD 912 Ü h£Ÿjì ã Ö$ nated unless there be compliance by the Grantee with such
Requirement in such time and manner as the Council shall
fix
SECTION 5.24,080, BONDS, INDEMNIFICATIONS, LIQUI-
DATED DAMAGES, INSURANCE
A) SECURITY FUND
1) Contemporaneously with an applicant's
filing its acceptance of a Franchise, it shall deposit with
the City, and during the term of the Franchise granted,
maintain on deposit, a security fund in a sum set by the
Franchise. Funds from the security fund shall be utilized
for the purposes provided in this Chapter, and in each Fran-
chise
2) Within fifteen 15) days after written
notice to a Grantee by the City that the City has withdrawn
any amount from its security fund, the Grantee shall deposit
with the City a sum of money sufficient to restore such
security fund to the original amount as set by the Fran-
chise
3) If any Grantee fails to pay the City any
monies due within the time fixed in this Chapter or the
Franchise; or fails to pay to the City within ten 10) days'
written notice, any damages, costs or expenses which the
City may be compelled to pay by reason of any act, omission
or default of such Grantee; or fails after ten 10) days'
written notice to comply with any provision of this Chapter
or its Franchise which the City reasonably determines can be
remedied or partially cured by an expenditure from the se-
curity fund, the City may immediately, without prior notice
to Grantee, withdraw the amount thereof from the security
fund. Upon such withdrawal, the City shall in writing
notify such Grantee of the amount, date and purpose
thereof. In the event the security fund is insufficient to
pay and/or repay the City for its lawful costs, damages, or
obligations incurred, any other funds or assets of the
Grantee, may be drawn upon by the City for any such amounts
due the City.
4) Each Franchise issued pursuant hereto,
shall contain a liquidated damage provision, the terms of
which shall be agreed upon by the City and the Grantee.
Sums due to City, as and for liquidated damages shall be a
proper charge against the said security fund.
5) A Grantee shall be entitled to the return
of all monies remaining in the security fund, including any
accrued interest, at the expiration or termination of its
Franchise, provided there is then no outstanding obligation
owing on the part of such Grantee to the City.
6) The rights reserved to the City with
respect to the security fund are in addition to all other
rights of the City, whether reserved by this Chapter, the
Franchise or authorized by law, and no action, proceeding or
exercise of a right with respect to such security fund shall
affect any other right the City may have.
B) HOLD HARMLESS AGREEMENT. Each Grantee in its
acceptance of itsFranchise shall acknowledge and agree to
indemnify and hold harmless the City, its officers, agents
and employees, against and from any and all claims, demands,
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ORD 912 Ü h£Ÿjì ã Ö$ causes of action, actions, suits, proceedings, damages in-
cluding, but not limited to, damage to City property and
damages arising out of copyright infringements, and damages
arising out of any failure by Grantee to secure consents
from the owners or authorized distributors or licensees of
programs delivered by Grantee's system), costs or liabil-
ities of every kind and nature whatsoever, including but not
limited to, damages for injury or death of a person or
damage to property, caused by the act or omission of such
Grantee, its officers, agents, and employees in the exercise
of its rights and privileges under its Franchise.
The term costs or liabilities" includes, but is
not 1imited to, reasonable attorney's fees, reasonable ac-
countant' s fees, reasonable expert witness and consultant
fees, reasonable per diem expenses and travel 1 ing expenses
for witnesses, and court costs of any trial.
C) DEFENSE OF LITIGATION. Each Grantee in its
acceptance of its Franchise shall acknowledge and agree, at
the sole risk and expense of Grantee, upon demand of the
City, made by and through the City Attorney, to appear in
and defend any and all suits, actions, or other legal pro-
ceedings whether j udicial, quasi-judicial, administrative,
legislative, or otherwise, brought or instituted by third
persons or duly constituted authorities, against or affect-
ing the City, its officers, agents or employees, arising out
of or pertaining to the exercise by such Grantee of its
rights and privileges under its Franchise including but not
limited to, the act of granting such Franchise by the City.
Where the City determines, reasonably, that its interests
are best served by appearing in such action or proceeding by
and through its own counsel, it may do so at the Grantee's
sole expense.
Grantee shall pay and satisfy or shall cause to be
paid and satisfied any judgment, decree, order, directive,
or demand rendered, made or issued against Grantee, the
City, its officers, agents or employees, in any of these
premises; and such indemnity, as expressed in this Section,
shall exist and continue without reference to or limitation
by the amount of any bond, policy of insurance, deposit,
undertaking or other assurance required here under, or other-
wise provided. No Grantee shall make or enter into any
compromise or settlement of any claim, demand, cause of
action, action, suit, or other proceeding without first
obtaining the written consent of the City, which consent
shall not be unreasonably withheld.
D) EXPENSES OF LITIGATION. In the event of any
legal action between Grantee and the City arising out of any
alleged breach by Grantee of any term of condition or provi-
sions of this Chapter or the Franchise, the prevailing party
shall be entitled to reasonable attorney's fees, and court
costs related to the litigation.
E) INSURANCE REQUIRED. Not in derogation of a
Grantee's obligation pursuant to subdivisions B) and C)
hereof, each Grantee at all times during the term of its
Franchise, shall maintain in full force and effect, at its
sole cost and expense, a general comprehensive liability
insurance policy, including coverage for, premises-opera-
tions, explosion and collapse hazard, underground hazard,
contractual insurance, broad form property damage, inde-
pendent contractors and personal injury and automobile li-
ability comprehensive form. The City Manager shall have
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ORD 912 Ü h£Ÿjì ã Ö$ the right of approval as to coverages, companies and policy
limits of all such policies.
The City, its officers and employees, shall be
named as additional insureds in all of said insurance poli-
cies. Where such insurance is provided by a policy which
also covers Grantee or any other entity or persons, it shall
contain the standard cross-liability endorsement. Such
policies shall contain a provision that a written notice of
cancellation or any alteration of said policy shall not be
effective except upon ninety 90) days prior written notice
thereof to the City.
Insurance policies required hereunder shall contain
the following endorsements:
1) The naming of an additional insured as
herein provided shall not affect any recovery to which such
additional insured would be entitled under this policy if
not named as such additional insured, and
2) The additional insured named herein shall
not be held 1iable for any premium or expense of any nature
on this policy or any extension thereof, and
3) The additional insured named herein shall
not by reason of being so named be considered a member of
any mutual insurance company for any purpose whatsoever, and
4) Any other insurance held by the addi-
tional insured shall not be required to contribute anything
toward any loss or expense covered by the insurance which is
referred to by this certificate.
Each Grantee shall maintain during the term of its
Franchise, at its own cost and expense, a policy of Worker's
Compensation Insurance, in minimum amounts as required by
law.
Each Grantee shall, concurrently, with the filing
of its acceptance of its Franchise, and thereafter periodi-
cally during the term of its Franchise, furnish to the City
Clerk certificates of insurance evidencing the existence of
insurance coverage required hereunder. Such certificates
shall provide that the coverage may not be cancelled, sub-
stantially altered or terminated except upon thirty 30)
days written notice to City.
If a Grantee fails to maintain any of the insurance
coverage required hereunder, the City may, forthwith, term-
inate its Franchise and/or obtain, at Grantee's expense,
such insurance coverage.
SECTION 5.24.090. ACCEPTANCE OF A FRANCHISE
A) No Franchise granted under this Chapter shall
become effective for any purpose unless and until written
acceptance thereof by the named Grantee shall have been
filed with the City Clerk. The written acceptance, in the
form as approved by the City Attorney, shall be and operate
as an acceptance of each and every term and condition and
1 imitation contained in this Chapter and in such Franchise.
B) The written acceptance shall be filed by the
proposed Grantee not later than 12:01 o'clock p,m. of the
twenty-fifth 25th) calendar day following the effective
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ORD 912 Ü h£Ÿjì ã Ö$ date of adoption of the ordinance constituting the Fran-
chise.
C) In default of the filing of such written ac-
ceptance as herein required, the prospective Grantee shall
be deemed to have rejected and repudiated the Franchise as
offered. Thereafter, the acceptance of the Grantee shall
not be received nor filed by the City Clerk, The Grantee
shall have no rights, remed ies, or redress under that Fran-
chise unless and until the Council, by resolution, shall
determine that the failure to timely file such acceptance
was excusable, shall order that such acceptance be received
or filed, upon such terms and conditions as the Council may
impose•
SECTION 5.24.100. LIMITATIONS OF FRANCHISE
A) Every Franchise granted under this Chapter
shall be non-exclusive. Neither the granting of any Fran-
chise hereunder nor any of the provisions contained herein
shall be construed to prevent the City from granting any
identical or similar Franchise to any other qualified
person, firm, or corporation, within all or any portion of
the City.
B) No privilege or exemption is granted or con-
ferred by any Franchise granted under this chapter except
those specifically described in this Chapter or in its Fran-
chise
C) Any privilege claimed under any such Franchise
by a Grantee to occupy a portion of any Street shall be
subordinate to the use thereof by the City or any person
authorized by the City to use such Street.
D) Time shall be of the essence as to any Fran-
chise granted hereunder. A Grantee shall not be relieved of
its obligation to comply promptly with any of the provi-
sions of this Chapter or the Franchise by any failure of the
City to enforce prompt cornpliance,
E) Any right or power in, or duty impressed upon,
any officer, employee, department, or board of the City
shall be subject to transfer by the City to any other of-
ficer, employee, department, or board of the City.
F) Any such Franchise granted hereunder shall not
relieve the Grantee of any obligations involved in obtaining
pole or conduit space from any department of the City, util-
ity company, or from others who maintain utilities in the
streets.
G) No Grantee shall have any 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 enforce-
ment by the City of the provisions thereof.
H) Each Grantee shall be subject to all require-
ments of City laws, rules, regulations, and specifications
heretofore, or hereafter enacted or established.
SECTION 5.24.110 TRANSFER OF OWNERSHIP OR CONTROL
A) TRANSFER OF FRANCHISE. Any franchise granted
hereunder shall be a privilegeto be held for the benefit of
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ORD 912 Ü h£Ÿjì ã Ö$ the public. Said franchise cannot in any event be sold,
transferred, leased, assigned or disposed of, includ ing but
not 1imited to, by forced or voluntary sale, merger, consol-
idation, receivership, or other means without the prior
consent of the City, and then only under such conditions as
the City may establish; however, such consent shall not be
unreasonably withheld.
B) OWNERSHIP OR CONTROL. The Grantee shall
promptly notify the City of any proposed change in, or
transfer of, or acquisition by any other party of control of
the Grantee. The word control" as used herein is not
1imited to major stockholders but includes actual working
control in whatever manner exercised. A rebut table presump-
tion that a transfer of control has occurred shall arise
upon the acquisition or transfer by any person or group of
persons of ten percent 10%) of the voting shares of the
Grantee. Every change, transfer, or acquisition of control
of the Grantee shall make the franchise subject to cancell-
ation unless and until the Grantor shall have consented
thereto, which consent shall not be unreasonably withheld.
For the purpose of determining whether it shall consent to
such change, transfer, or acquisition of control, the City
may inquire into the qualifications of the prospective con-
troll ing party, and the Grantee shall assist the City in any
such inquiry.
In seeking the City* s consent to any change in
ownership or control, the Grantee shall have the responsi-
bility:
1) To show to the satisfaction of the City
whether the proposed purchaser, transferee, or assignee the
proposed transferee"), which in the case of a corporation,
shall include all officers, directors, employees and all
persons having a legal or equitable interest in five percent
5%) or more of its voting stock, or any of the proposed
transferee's principals:
a) Has ever been convicted of, or held
liable for, acts involving moral turpitude including, but
not limited to any violation of federal, state or local law,
or is presently under an indictment or investigation com-
plaint charging such acts; or
b) Has ever had a judgment in an action
for fraud, deceit or misrepresentation entered against it,
her, him, or them by any court of competent j urisdiction;
and
2) To establish, to the satisfaction of the
City, the financial solvency of the proposed transferee by
submitting all current financial data for the proposed
transferee which the Grantee was required to submit in its
franchise application, and such other data as the City may
request. Financial statements shall be audited and
certified by an independent Certified Public Accountant; and
3) To establish to the satisfaction of the
City that the financial and technical capability of the
proposed transferee is such as to enable it to maintain and
operate the System for the remaining term of the Franchise
under the existing Franchise terms; and
C) The Grantor agrees that any financial institu-
tion having a pledge of the Franchise or its assets for the
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ORD 912 Ü h£Ÿjì ã Ö$ advancement of money for the construction and/or operation
of the Franchise shall have the right to notify the City
that it or its designee satisfactory to the City will take
control and operate the System, in the event of a Grantee
default in its financial obligations. Further, said finan-
cial institution shall also submit a plan for such operation
that will insure continued service and compliance with all
Franchise requirements during the term the financial insti-
tution exercises control over the System. The financial
institution shall not exercise control over the System for a
period exceeding one 1) year unless extended by the City in
its discretion and during said period of time it shall have
the right to petition the City to transfer franchise to
another Grantee. If the City finds that such transfer after
considering the legal, financial, character, technical and
other public interest qualities of the appiicant are satis-
factory, the City will transfer and assign the rights and
obiigat ions of such franchise as in the public interest.
The consent of the City to such transfer shall not be unrea-
sonably withheld.
D^ WAIVER. The consent or approval of the City
to any transfer of the grantee shall not constitute a waiver
or release of the rights of the City in and to the use of
Streets, and any transfer shall by its terms, be expressly
subordinate to the terms and conditions of such Franchise.
E) PROHIBITION ON EARLY TRANSFER. In the absence
of extraordinary circumstances,the City will not approve
any transfer or assignment of the Franchise prior to sub-
stantial completion of construction of the proposed System.
F) ACCEPTANCE. In no event shall a transfer of
ownership or control be approved without the successor in
interest accepting, in writing the Franchise.
SECTION 5.24.120. RIGHTS RESERVED TO THE CITY
A) Nothing in this Chapter, or any Franchise
issued pursuant hereto, shall be deemed or construed to
impair or affect, in any way, to any extent, the right of
the City to acquire any property of the Grantee, either by
direct purchase or through the exercise of its right of
eminent domain. The Franchise itself and all of the rights
or privileges granted by such Franchise, shall have no value
assigned to it in the event of the acquisition of the System
by an entity having the power of eminent domain.
In the event of acquisition by the City of a
System, or a change of Grantee, the current Grantee shall
cooperate with the City, or with a representative appointed
by the City, to operate its System for a temporary period in
order to maintain continuity of service to all subscribers.
B) There is hereby reserved to the City every
right and power which is required to be herein reserved or
provided by any Ordinance of the City, and each Grantee by
its acceptance of a Franchise, agrees to be bound thereby
and to comply with any action or requirement of the City in
its exercise of such rights or power, heretofore or here-
after enacted or established, provided that such require-
ments are not inconsistent with the terms of this Chapter
and its Franchise•
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ORD 912 Ü h£Ÿjì ã Ö$ C) The granting of a Franchise he rounder shall
not constitute a waiver or bar to the exercise of any gov-
ernmental right or power of the City.
SECTION 5.24.130. RULES AND REGULATIONS
The Council may at any time adopt rules and regula-
tions implementing the provisions of this Chapter, and may
amend, modify, delete, or otherwise change any such rules
and regulations previously adopted, in the following manner:
A) The Council shall pass a resolution of inten-
tion stating or describing the rules and regulations to be
adopted, amended, modified/deleted, 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.
B) Such resolution 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
appiicant for a Franchise, not more than thirty 30) days
nor less than fifteen 15) days prior to the time fixed for
hearing thereon. The Council may order each Grantee to make
public service announcements regarding the time, place and
subject matter of such hearings.
C) 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 resolution, may adopt, amend, modify or
delete such rules and regulations. Such determination by
the Council shall be final and conclusive.
D) Any rule or regulation as adopted, amended,
modified, deleted, or otherwise changed by the Council shall
become effective upon the tenth 10th) day following the
adoption of the Council resolution, unless a longer period
shall be expressly provided in such resolution.
SECTION 5.24.140 REGULATION OF FRANCHISE
A) REGULATORY AUTHORITY. The City shall exercise
appropriate regulatory authority under the provisions of
this Chapter and other appiicable law» If the grantee by
its Cable Television System also serves other continuous or
neighboring communities, City may, at its sole option, par-
ticipate in a joint regulatory agency, with delegated re-
sponsibility in the area of cable and related communica-
tions.
B) REGULATORY RESPONSIBILITY. The City, acting
alone or acting jointly with other Grantors, may exercise or
delegate any or all of the following regulatory responsibil-
ities
1) Administering and enforcing the provi-
sions of all Franchises.
2) Coordination of the operation of PEG
access facilities;
3) Providing technical, programming and
operational support to public agency users, such as govern-
ment departments, schools and health care institutions.
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ORD 912 Ü h£Ÿjì ã Ö$ 4) Establishing procedures and standards for
use of channels dedicated to public use sharing of public
facilities, if provided for in any Franchise;
5) Planning expansion and growth of public
benefit cable services;
6) Analyzing the possibility of integrating
cable communications with other local, state or national
telecommunications networks;
7) Formulating and recommending long-range
telecommunications policy.
SECTION 5.24.150. RIGHT OF INTERVENTION
The City may intervene in any suit or proceeding in
which a Grantee is a party, if the City reasonably deter-
mines that its interests are not adequately represented•
SECTION 5.24.160. RATES, CHARGES AND RATE IN-
CREASES
The initial service rates, installation charges,
connection charges, disconnection charges, reconnection
charges, equipment rental charges, and any other type of
System charges hereafter collectively rates") for each
System, shall be set forth in the Franchise. To the extent
local regulation of rates is permitted under federal and
state law, existing rates may be changed from time to time
only by resolution of the City Council pursuant to this
Section. Failure to enforce this Section by the City shall
not amount to a waiver of its provisions.
A) Appiications. All rate increase requests
submitted or proposed by a Grantee shall contain the follow-
ing
1) The amount of adjustment in rates re-
quested and
2) Written financial material showing that
the adjustment in rates is justified by increased expenses
incurred by the Grantee in the operation of its System; and
3) Copies of financial reports and income
statements prepared in accordance with generally accepted
accounting standards and practices and certified by an inde-
pendent certified public accountant CPA) for at least the
preceding three 3) years or from the date of acceptance of
the Franchise whichever is the lesser hereafter term").
If the Grantee is a subsidiary of another firm, similar
financial data shall be furnished for the parent
corporation; and
4) An iternization of capital assets, both
tang ibie and intangible, the accounting basis for deprecia-
tion and the depreciation schedule. If intangible assets
such as goodwill are being amortized, the amortization
periods shall be stated; and
5) A detailed breakdown of operating, mar-
keting and general administrative costs by category for the
term; and
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ORD 912 Ü h£Ÿjì ã Ö$ 6) The number of subscribers for service for
the term; and
7) The number of cable plant-miles and
dwell ing units passed by the cable plant for the term and
preceding years; and
8) A statement as to any allocation of funds
to parent company overhead or operating costs, and the basis
for such allocation.
B) Council Action, Upon receipt of a rate
increase request, accompanied by all of the supporting in-
formation above, it shall be the obligation of the Council
to act upon such request expeditiously. Prior to taking
action on the request at least one 1) noticed public
hearing shall be held upon the request. The Council shall
approve, partially approve, or disapprove, the request based
upon all of the following criteria:
1) Performance of the Grantee;
2) Whether the Grantee has adequately served
the subscribers and the City;
3) Comparability of rates in surrounding
communities;
4) Whether the profits from services offered
are reasonable;
5) Operating and construction expenses of
the Grantee;
6) Completeness and accuracy of the
information submitted by Grantee in support of its request
for increases.
Such decision shall be in resolution form. Any
approved increase in rates shall become effective not
earlier than thirty 30) days after the date of approval by
the Council.
C) Time of Applications. Appiicat ions for rate
increases shall not be submitted more often than once in any
12 month period.
D) Public Hearing. Be fore approv ing any rate
increase, the City Council shall conduct at least one 1)
public hearing thereon. Such hearing shall be noticed as
d irected by the City Council, which may include, but not be
limited to, the use of public service announcements by
Grantee on its System.
SECTION 5.24.170. EFFECT OF ANNEXATIONS
A) In the event any territory shall be annexed to
the City which is not served by a System pursuant to Fran-
chise issued by a governmental agency, such territory may
become a part of the service area of a Grantee if so ordered
by the Council after conducting a public hearing.
B) In the event any portion of territory annexed
to the City is covered by an existing franchise or 1icense
granted by a governmental agency other than the City and if
the Grantee of such franchise or 1icense has not commenced
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ORD 912 Ü h£Ÿjì ã Ö $ installation of a System within said territory, it shall be
deemed not to be served by a System, and all rights acquired
by said Grantee under its franchise or license shall termi-
nate by operation of law as of the date on which the annexa-
tion to the City becomes effective.
C) If such annexed area is served by a Franchise
or license issued by another public entity such services may
continue, subject to the provisions of such Franchise or
1icense, and the provisions of this chapter during the bal-
ance of the term of such Franchise or 1icense, provided all
Franchise fees shall be paid to City.
SECTION 5.24.180. SAFETY REQUIREMENTS
A) Each Grantee shall at all times employ reason-
able care and shall install and maintain in use commonly
accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injuries, or
nuisances to the public.
B) Each Grantee shall install and maintain its
wires, cables, fixtures, and other equipment in accordance
with the requirements of appiicable laws and in such manner
that they will not interfere with any installations of the
City or of a public utility serving the City.
C) All structures and all lines, equipment, and
buildings and structures, used by Grantee directly or indi-
rectly in its system, wherever situated or located, shall at
all times be kept and maintained in a safe, suitable sub-
stantial condition, and in good order and repair.
D) Each Grantee shall strictly adhere to all
building and zoning codes currently or hereafter in force.
Each Grantee shall locate and maintain its 1ines, cables,
and other appurtenances on both public and private property,
in such a manner as to cause no unreasonable interference
with the use of said public or private property by any
person.
SECTION 5.24.190. RIGHT TO PRIVACY OF SUBSCRIBERS
As used in this section, valid authorization"
shall mean written approval from the subscriber expressly
valid for a period of time not to exceed one year.
A) Each Grantee shall strictly observe and
protect the rights of privacy and of property of subscribers
and users at all times. Information on individual sub-
scribers, individual subscriber preferences of any kind,
viewing habits, political, social or economic philosophies,
beliefs, creeds, religions or names, addresses or telephone
numbers shall not be revealed to any person, governmental
unit, private agency or company, unless upon the authority
of a court of law, by statute, or, upon prior written
permission of the subscriber. The request for permission
must be contained in a separate document with a prominent
statement that the subscriber is authorizing the permission
in full knowledge of its provision. Such authorization
shall not in any event be required as a condition of
receiving service.
B) A Grantee may release the number of its sub-
scribers but only as a total number and as a percentage of
the potential subscribers throughout its service area. When
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ORD 912 Ü h£Ÿjì ã Ö $ indicating the number of subscribers viewing a particular
channel at a particular time, a Grantee shall indicate only
the total number of subscribers viewing during the relevant
time and the percentage of all subscribers which they repre-
sent, but never the identity of a particular subscriber.
C) A Grantee may maintain only such information,
relating to subscribers, as is necessary to bill subscribers
for the use of any of its services•
D) Ne ither a Grantee nor any other person shall
initiate in any form, the discovery of any information on or
about a subscriber's premises without prior valid authoriza-
tion from the subscriber.
E) A subscriber may, at any time, revoke any
authorization previously made, by delivering to a Grantee in
writing, by mail or otherwise, his/her decision to so re-
voke Any such revocation shall be effective upon receipt
by franchisee.
F) No monitoring of any subscriber terminal shall
take place without specific prior written authorization by
the user of the terminal in question, prov ided, however, a
Grantee may conduct systemwide or individually addressed
sweeps" for the purpose of verifying system integrity,
security monitoring, and/or other addressable premium
service implementation or verification which th subscriber
has contracted for. In no event shall residential aural or
visual monitoring of any kind take place without a clear
indication to the subscriber that such monitoring is taking
place•
G) A Grantee may, without prior subscriber
approval, monitor those subscriber terminals which are con-
nected to utility monitoring devices which measure utility
usage and which have been first approved by the City
Council.
H) Prior to implementation of any interactive
subscriber response mechanism, a Grantee must first demon-
strate to the City Manager that such a mechanism can operate
effectively and provide absolute protection against any
invasion of privacy.
I) A Grantee shall not tabulate any test results,
nor permit the use of its System for such tabulation, which
would reveal the commercial product preferences or opinions
of subscribers, members of their families or their invitees,
1icensees or employees, without prior authorization of the
subscriber•
J) Each compilation, publication, tabulation or
other dissemination of each piece of information made or
permitted to be made in violation of this Section shall
result in the imposition of liquidated damages, pursuant to
the Grantee's Franchise.
K) The rights accorded subscribers pursuant to
this Section shall be in addition to any other privacy right
accorded subscribers pursuant to federal or state law.
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ORD 912 Ü h£Ÿjì ã Ö $ SECTION 5.24.200. REMOVAL OF FACILITIES UPON RE-
QUEST
Upon termination of service to any subscriber, each
Grantee shall promptly remove all its fac ilities and equip-
ment from the premises of such subscriber upon subscriber's
request.
SECTION 5.24.210. CONSULTANT'S COSTS TO BE BORNE
BY GRANTEE
Notwithstanding any other provision of this
Chapter, when necessary to aid in the analysis of matters
relating to an evaluation of a Grantee's operation pursuant
to a Franchise, including, but not 1imited to, rate increase
requests, technical standards, construction supervision or
market surveys in the City, the City shall be entitled to
employ the services of qualif led consultants. All reason-
able costs so incurred by the City shall be paid by Grantee
regardless of the nature or outcome of any specific matter
under consideration. The terms of this Section shall not
apply to any research cost incurred by the City in connec-
tion with the right of the City to purchase the System.
SECTION 5.24.220. RECEIVERSHIP
Upon the foreclosure or other judicial sale of all
or a substantial part of a System, or upon the termination
of any lease covering all or a substantial part of the
System, the Grantee shall notify the City Clerk of such
fact, and such notification shall be treated as a notifica-
tion that a change in ownership of the Grantee has taken
place and the provisions of this Chapter governing such
chances shall apply.
The City shall have the right to revoke a Franchise
one hundred and twenty 120) days after the appointment of a
receiver, or trustee, to take over and conduct the business
of the Grantee, whether in receivership, reorganization,
bankruptcy, or other action or proceeding, unless such re-
ceivership or trusteeship shall have been vacated prior to
the expiration of said one hundred and twenty 120) days, or
unless:
A) Within one hundred and twenty 120) days after
his election or appointment, such receiver or trustee shall
have fully complied with all the provisions of the Chapter
and the Franchise and remedied all defaults thereunder; and
B) Such receiver or trustee, within said one
hundred and twenty 120) days shall have executed an agree-
ment, duly approved by the Court having jurisdiction in the
premises, whereby such receiver or trustee assumes and
agrees to be bound by each and every provision of the Fran-
chise.
SECTION 5.24.230. SERVICE TO SUBSCRIBERS
A) RIGHT TO SERVICES. It shall be the right of
all subscribers who pay the lawful charges therefor, to
receive all available services to which they are legally
entitled pursuant hereto.
B) CONTINUITY OF SERVICE. In the event that a
Grantee electsto rebuild, modify,or sell its System, or
the City revokes or fails to renew its Franchise, a Grantee
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ORD 912 Ü h£Ÿjì ã Ö $ shall do everything in its power to ensure that all sub-
scribers receive continuous, uninterrupted service regard-
less of the circumstances during the term of the Franchise.
C) TENANT RIGHTS. Grantee shall be required to
provide service to tenants in individual dwelling units in a
multiple housing facility with all services offered to other
dwell ing units within its service area, so long as the owner
of the facility consents in writing to the following:
1) To Grantee's providing of the service to
units in the facility;
2) To reasonable conditions and time for
installation, maintenance, and inspection of the system on
the facility premises;
3) To reasonable conditions promulgated by
Grantee to protect Grantee's equipment and to encourage
widespread use of the system.
D) An owner shall not discriminate in rental
charges, or otherwise, between subscribers who receive cable
service and those who do not.
SECTION 5*24.240. FINANCIAL DISCLOSURE OF INDE-
PENDENT CONSULTANT
Any person, partnership or corporation employed by
the City for the purposes of advising the City on matters
relating to cable television, or reviewing and evaluating,
or assisting the City in reviewing and evaluating, proposals
for franchises, or regulating, or assisting the City in
regulating a cable television System, shall, as a condition
of their employment, file within ten 10) days of the date
of employment with the City Clerk, a statement containing:
A) A listing and description of any financial
and/or ownership interest held by the consultant in any
cable television company, any subsidiary or affiliate of any
cable television company, any company which is a supplier or
customer of any cable television company, or in other com-
pany which owns stock or has any interest in any of those
types of companies which are described in this section. If
the consultant is a partnership, the financial and/or owner-
ship interests in cable television companies, affiliates,
subsidiaries, suppiiers, and customers of any partner must
be disclosed. If the consultant is a corporation, the fi-
nancial and/or ownership interests in cable television com-
panies, affiliates, subs id iaries, suppiiers, and customers
of any shareholder, officer or directors must be disclosed.
B) A listing and description of any cable televi-
sion company, affiliate, subsidiary, supplier or customer
which the consultant has represented, on a compensated or
non-compensated basis, within the last fifteen 15) years•
The statement filed pursuant to this Section shall
be a public document open to inspection by any person. Fail-
ure to file this statement, or the inclusion of a material
misrepresentation or omission within the statement, shall
constitute grounds for the City's termination of the employ-
ment contract.
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ORD 912 Ü h£Ÿjì ã Ö $ SECTION 5.24.250. MISCELLANEOUS PROVISIONS
A) A Franchise granted to provide service within
the City shall authorize and permit the Grantee to solicit,
sell, distribute, and make a charge to subscribers within
the City for connection to the cable television system of
Grantee, and still also authorize and permit the Grantee to
traverse any portion of the City in order to provide service
outside the City.
B) An easement, license or other permit granted
to anyone, other than a 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, dis-
tribute, 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) Each Grantee shall be prohibited from directly
or indirectly doing any of the following:
1) Engaging in the business of selling at
retail, leasing, renting, repairing or servicing of televi-
sion sets or radios; or
2) Imposing a fee or charge for repair to
subscriber owned receiving devices except for the connection
of its service or for the determination by Grantee of the
quality of the signal to the recipients thereof; or
3) Soliciting, referring, or causing or
permitting the solicitation or referral of any subscriber by
persons engaged in any business herein prohibited to be
engaged in by Grantee.
D) If the Federal Communications Commission or
the Public Commission of the State of California or any
other Federal or State body or agency shall now or hereafter
lawfully exercise jurisdiction over the subject matter of
any Franchise granted pursuant to this Chapter, then to the
extent such jurisdiction shall preempt or preclude the exer-
cise of like jurisdiction by the City the jurisdiction of
the City shall be suspended during such time as such other
jurisdiction shall lawfully exist. The preemption or pre-
clusion of the exercise of the City of any of its police
power shall not diminish, impair, alter or affect any bene-
fit nor any obligation of the City or a Grantee under any
Franchise issued hereunder.
Any and all minimum standards governing the opera-
tion of a System and any and all maximum rates and charges
specified herein or in any Franchise issued hereunder exist-
ing now and at any time in the future, including such time
as any paramount jurisd iction shall preempt or preclude that
of the City to determine, establish, or fix any of the same,
are each and all hereby declared by the City and by a
Grantee accepting any Franchise hereunder to be contractual
in nature and to be for the benefit of the City.
G) When not otherwise prescribed herein, all
matters herein required to be filed with the City shall be
filed with the City Clerk.
H) Before providing cable television service to
any subscriber, a Grantee shall provide a written notice to
the subscriber substantially as follows:
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ORD 912 Ü h£Ÿjì ã Ö!$ Subscriber is hereby notified that in
providing cable television service name
of company) is making use of public
rights-of-way within the City of Baldwin
Park and that the continued use of such
rights-of-way is in no way guaranteed.
In the event the continued use of such
rights-of-way is denied to name of com-
pany) for any reason, name of company)
will make every reasonable effort to
provide service over alternate routes.
By accepting cable television service,
subscriber agrees he will make no claim
nor undertake any action against the City
of Baldwin Park, its officers, or its
employees if the service to be provided
hereunder is interrupted or discon-
tinued."
I) Grantee shall make available to all sub-
scribers upon demand, at a charge approved by the City
Manager, parental control devices to control the viewing of
programming.
SECTION 5.24.260. VIOLATIONS
A) 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 or alley 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 delin-
eated as a proposed public street on any tentative sub-
division map approved by the City, any equipment or facil-
ities for distributing any television signals or radio sig-
nals, through a System, unless a valid Franchise authorizing
such use of such street or property or area has first been
obtained pursuant to the provisions of this Chapter, or,
unless specifically permitted pursuant to this chapter.
B) It shall be unlawful for any person to make or
use any unauthorized connection, whether physically, elec-
trically, acoustically, inductively or otherwise within this
City for the purpose of enabling himself or others to re-
ceive or use any television signals, radio signals, picture,
program or sound, without payment to the owner of said
System.
C) It shall be unlawful for any person, without
the consent of a Grantee, to willfully tamper with, remove
or injure any cables, wires, or equipment used for distribu-
tion of television signals, radio signals, pictures, pro-
grams or sound.
SECTION 5.24.270. SEVERABILITY
If any section, subsection, sentence, clause or
phrase of this Chapter is for any reason held illegal, in-
valid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions hereof. The Council
hereby declares that it would have adopted this Chapter and
each section, subsection, sentence, clause, and phrase here-
of, 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
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ORD 912 Ü h£Ÿjì ã Ö"$ portion of this Chapter shall not abate, reduce or otherwise
affect any consideration or other obligation required of a
Grantee of any Franchise granted he rounder.
SECTION 5.24*280* EFFECTIVE DATE
This Chapter shall go into effect and be in full
force and effect on December 6 1985.
SECTION 3,
The City Clerk shall certify to the passage and
adoption of this Ordinance, and shall cause the same to be
published in the manner prescribed by law.
PASSED AND APPROVED arKT^DOPTED this 6th day
of November 1985. /
f^4<
Mayor
ATTEST:
Ci^y Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin
Park do hereby certify that the foregoing Ordinance No. 912
was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on the 16th day of
October, 1985. That, thereafter, said Ordinance was duly
approved and adopted at its regular meeting of the City
Council on the 6th day of November, 1985 by the following
vote:
AYES COUNCILMEN IZELL, G1BSON, KING, MCNEILL AND MAYOR WHITE
NOES COUNC I LMEN NONE__________________________________
ABSENT; COUNCILMEN NONE
LIflDA L. GAI^<'CITY CLERK
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ORD 912 Ü h£Ÿjì ã Ö#$ TABLE OF CONTENTS
Section Title
5.24.010
5.24.020
5.24.030
5.24.040
5.24.050
5.24.060
5.24.070
5.24.080
5.24.090
5.24.100
5.24.110
5.24.120
5.24.130
5.24.140
5.24.150
5.24.160
5.24.170
5.24.180
5.24.190
5.24.200
5.24.210
5.24.220
5.24.230
Definitions
Franchise to Install and Operate System
Cable Television System Standards
Franchise Fee-Amount-Payment
Inspection of Records
Appiications for Franchise
Franchise Term: Duration, Termination
Bonds, Indemnifications, Liquidated
Damages, Insurance
Acceptance of a Franchise
Limitations of Franchise
Transfer of Ownership or Control
Rights Reserved to the City
Rules and Regulations
Regulation of Franchise
Right of Intervention
Rates, Charges and Rate Increases
Effect of Annexations
Safety Requirements
Right to Privacy of Subscribers
Removal of Facilities Upon Request
Consultant's Costs to be Borne by Grantee
Rece ivership
Service to Subscribers
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ORD 912 Ü h£Ÿjì ã Ö$$ Table of Contents
Page 2
Section Title
5.24.240 Financial Disclosure of Independent
Consultant
5.24.250 Miscellaneous Provisions
5.24.260 Violations
5.24.270 Sever ability
5.24.280 Effective Date
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$ d) Measurement locations for System
compliance with Sub-section 1) above, except those require-
ments regarding twenty-four 24) hour visual signal ampli-
tude and channel ampiitude characteristics/ shall include:
i) end of each System major trunk,
and,
ii) end of each System trunk branch
four 4) or more trunk ampli-
fiers deep.
Actual test locations shall be selected to measure perform-
ance of the System in the service area and shall be or as
closely as possible to simulate) actual subscriber loca-
tions
e) Measurements regarding twenty-four
24) hour visual signal level and channel ampiitude charac-
teristics shall be made as required by the FCC.
f) Measurement for System compliance
with Sub-section 1) above, shall be made where practical on
all origination equipment employed in the System.
g) Measurement techniques shall be
those suggested by each Grantee, and approved by City.
h) Concurrent with annual performance
tests, the City representative shall inspect all System
headend facilities and outside plant for adherence to best
industry installation, workmanship and safety practice.
i) If said performance tests show that
the System is below the performance standards required in
this Chapter or the Franchise, the City shall give notice
thereof to Grantee and such Grantee shall correct said defi-
ciency within the time set by City. Grantee shall notify the
City when such correction has been made and shall re test to
ensure compliance. In the event the resultant tests reveal
Grantee has failed to correct any said deficiency, or if the
time for correction has elapsed and Grantee has not at-
tempted to correct the deficiency, the City may employ inde-
pendent engineers to demonstrate, at the Grantee's cost, the
appropriate correction to the Grantee. Grantee shall then
have a reasonable time, as set by City, to correct such
deficiency.
3) Annual Service Report. The following
information shall be reported by each Grantee to the City on
an annual basis on a date designated by the City Manager:
a) Ex i s t i ng Se rv i ce Area. A descrip-
tion of the service area with comments on any portion there-
of not actually served, areas where certain services are not
yet available, or areas where special conditions exist. All
special service areas shall be indicated.
b) Work in Progress. An indication on
the map of areas where System construction or reconstruction
is in progress with a statement on its present status and
anticipated schedule of completion of such work•
c) Statistics on Subscribers. The
following statistics shall be suppiied: single-family homes
passed, single-family subscribers, multiple-dwelling unit
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