Chapter 24
COMMUNITY ANTENNA TELEVISION SYSTEMS

Sections:

24-1.    Definitions.

24-2.    Exclusive use of telephone facilities.

24-3.    Franchise to operate.

24-4.    Uses permitted by grantee.

24-5.    Duration of franchise.

24-6.    Franchise payments.

24-7.    Limitations of franchise.

24-8.    Rights reserved by the county.

24-9.    Permits, installation and service.

24-10.    Location of property of grantee.

24-11.    Removal and abandonment of property of grantee.

24-12.    Changes required by public improvements.

24-13.    Failure to perform street work.

24-14.    Faithful performance bond.

24-15.    Indemnification of county.

24-16.    Inspection of property and records.

24-17.    Operational standards.

24-18.    Miscellaneous provisions.

24-19.    Use of utility poles and facilities – Agreement.

24-20.    Application for franchise.

24-21.    Franchise renewal.

24-22.    Acceptance and effective date of franchise.

24-23.    Violations.

24-24.    Severability.

24-25.    Enactment.

For statutory provisions authorizing cities to regulate community antenna television systems and award franchises or licenses therefor, see Gov. C., § 53006.

24-1 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and terms used in this chapter are defined as follows:

(a)  CATV. “CATV” means a community antenna television system as defined in subsection (b) of this section.

(b)  Community antenna television system. “Community antenna television system” means a system of antenna, coaxial cables, wires, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as herein contemplated. CATV shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as “pay television.”

(c)  County. Whenever “county” is used in this chapter, it shall be held to mean the unincorporated areas of the county of Colusa or the county of Colusa, a political subdivision of the state, as the case may be in appropriate context.

(d)  Franchise. “Franchise” means and includes any authorization granted under this chapter in terms of the franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the unincorporated areas of the county.

(e)  Grantee. “Grantee” means the person, firm or corporation to whom or which a franchise, as defined in subsection (d) of this section, is granted by the board of supervisors under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation.

(f)  Gross annual receipts. “Gross annual receipts” means any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals received within the county. Gross annual receipts shall not include any taxes on the service furnished by a grantee imposed directly on any user or subscriber by any city, state or other government unit and collected by a grantee for such government unit.

(g)  Property of grantee. “Property of grantee” means all property owned, installed or used by a grantee in the conduct of a CATV business in the county under the authority of a franchise granted pursuant to this chapter.

(h)  Street. “Street” means the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the county.

(i)  Subscriber. “Subscriber” means any person or entity receiving for any purpose the CATV service of a grantee. (Ord. No. 325, (part).)

24-2 Exclusive use of telephone facilities.

When and in the event that the grantee of any franchise granted under this chapter constructs, operates and maintains a CATV system exclusively through telephone company facilities constructed, operated and maintained pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use of the streets independently of such telephone company facilities, the grantee shall be required to comply with all of the provisions of this chapter as a “licensee,” and in such event whenever the term “grantee” is used in this chapter it shall be deemed to mean and include “licensee.” (Ord. No. 325, (part).)

24-3 Franchise to operate.

A nonexclusive franchise to construct, operate and maintain a CATV system within all or any portion of the county may be granted by the board of supervisors, by resolution, to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of the chapter.

No provisions of the chapter shall be deemed or construed so as to require the granting of a franchise when, in the opinion of the board of supervisors, it is in the public interest not to do so or to restrict the number of grantees. (Ord. No. 325, (part).)

24-4 Uses permitted by grantee.

Any franchise granted pursuant to the provisions of the chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the county, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street such poles, wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary appurtenant to the CATV system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including, but not limited to, any public utility or other grantee franchised or permitted to do business in the county.

The granting of a franchise pursuant to this chapter shall not be construed as permission or authority to enter on, occupy or otherwise use private property without the express consent of the owner or agent in possession thereof.

No franchise granted under this chapter shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to “pay television,” and no grantee, directly or indirectly, shall install, maintain or operate on any television set a coinbox or any other device or means for the collection of money for individual programs.

The grantee may make a charge to subscribers for installation or connection to its CATV system and a fixed monthly charge as filed and approved as herein provided. No increase in the rates and charges to subscribers, as set forth in the schedule filed and approved with the grantee’s application, may be made without the prior approval of the board of supervisors expressed by resolution. The board of supervisors shall have the right to require the reduction of the monthly subscription charges to subscribers when, after a rate analysis study is made, the board of supervisors in its discretion decides such reduction is justified. (Ord. No. 325, (part).)

24-5 Duration of franchise.

No franchise granted under this chapter shall be for a term longer than twenty years following the date of acceptance of such franchise by the grantee or the renewal thereof.

Any franchise granted under this chapter may be terminated prior to its date of expiration by the board of supervisors in the event that the board of supervisors has found, after thirty days’ notice of any proposed termination and public hearing, that:

(a)  The grantee has failed to comply with any provision of this chapter or, by act or omission, has violated any term or condition of any franchise or permit issued under this chapter; or

(b)  Any provision of this chapter has become invalid or unenforceable and the board of supervisors further finds that such provision constitutes a consideration material to the grant of the franchise; or

(c)  The county acquires the CATV system property of the grantee. (Ord. No. 325, (part).)

24-6 Franchise payments.

Any grantee granted a franchise under this chapter shall, during the calendar years of 1970, 1971 and 1972, pay to the county, during the life of such franchise, a sum equal to at least three percent of the gross annual receipts of the grantee. Any grantee granted a franchise under this chapter shall, during the calendar year 1973, pay to the county, during the life of such franchise, a sum equal to at least four percent of the gross annual receipts of the grantee. Any grantee granted a franchise under this chapter shall, during the calendar year 1974 and thereafter during the life of such franchise, pay to the county a sum equal to at least five percent of the gross annual receipts of the grantee or if larger the maximum amount then authorized by statute of the state. Such payment by the grantee to the county shall be made annually, on or before March 15th of each year hereafter, or as otherwise provided in the grantee’s franchise, by delivery of the same to the treasurer of Colusa County.

The grantee shall file with the county, within sixty days after the expiration of any calendar year or portion thereof during which such franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the board of supervisors, showing in detail the gross annual receipts, as defined herein, of the grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the county, within fifteen days after the time for filing such statements, the sum hereinabove prescribed or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.

The county shall have the right to inspect the grantee’s records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under this chapter. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the county may have for further or additional sums payable under this chapter or for the performance of any other obligation hereunder.

In the event of any holding over after expiration or other termination of any franchise granted under this chapter, without consent of the county, the grantee shall pay to the county reasonable compensation and damages, of not less than one hundred percent of its total gross profits during the same period. (Ord. No. 325, (part); Ord. No. 329, (part).)

24-7 Limitations of franchise.

(a)  Any franchise granted under this chapter shall be nonexclusive.

(b)  No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.

(c)  Any privilege claimed under any franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

(d)  Any franchise granted under this chapter shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by force or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the board of supervisors expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the county clerk within thirty days after any such transfer or assignment. The consent of the board of supervisors may not be arbitrarily refused; provided, however, the proposed assignee must show financial responsibility and must agree to comply with all provisions of this chapter; and provided, further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness.

(e)  Time shall be of the essence of any franchise granted under this chapter. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter or by any failure of the county to enforce prompt compliance.

(f)  Any right or power in, or duly impressed upon, any officer, employee, department, commission or board of the county shall be subject to the transfer by the county to any other officer, employee, department, commission or board of the county.

(g)  The grantee shall have no recourse whatsoever against the county for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchise issued under this chapter or because of its enforcement.

(h)  The grantee shall be subject to all provisions, rules, regulations and conditions prescribed by federal, state, county and local law heretofore or hereafter enacted or established during the term of any franchise granted under this chapter. Copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this franchise shall also be submitted simultaneously to the county clerk.

(i)  Any franchise granted under this chapter shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the county, from any utility company, or from others maintaining poles in streets.

(j)  Any franchise granted under this chapter shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by the grantee, or any successor to any interest of the grantee, of or pertaining to the construction, operation or maintenance of any CATV system in the county; and the acceptance of any franchise granted under this chapter shall operate, as between the grantee and the county, as an abandonment of any and all such rights, privileges, powers, immunities and authorities within the county, to the effect that, as between the grantee and the county, any and all construction, operation and maintenance by any grantee of any CATV system in the county shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to the franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever. (Ord. No. 325, (part).)

24-8 Rights reserved by the county.

(a)  Nothing in this chapter shall be deemed or construed to impair or affect, in any way, to any extent, the right of the county to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the county’s right of eminent domain.

(b)  There is hereby reserved to the county every right and power which is required to be herein reserved or provided by any ordinance of the county, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the county in its exercise of such rights or power, theretofore or hereafter enacted or established.

(c)  Neither the granting of any franchise under this chapter nor any of the provisions contained in this chapter shall be construed to prevent the county from granting any identical or similar franchise to any other person, firm or corporation, within all or any portion of the county.

(d)  There is hereby reserved to the county the power to amend any section or part of this chapter so as to require additional bonding, insurance or greater standards of construction, operation, maintenance or otherwise on the part of the grantee.

(e)  Neither the granting of any franchise under this chapter nor any provision of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the county.

(f)  The board of supervisors may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted under this chapter. The county administrator or executive secretary is hereby authorized and empowered to adjust, settle or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the county, the grantee or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the county administrator or executive secretary may appeal the matter to the board of supervisors for hearing and determination. The board of supervisors may accept, reject or modify the decision of the county administrator or executive secretary, and the board of supervisors may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provisions of this chapter.

(g)  In connection with the issuance of any franchise under this chapter, the board of supervisors may impose such reasonable restrictions, conditions and limitations as to the area or areas of the county to be served, operating conditions and cooperative working arrangements relative to local television broadcasting stations serving the county with the best possible television reception. (Ord. No. 325, (part).)

24-9 Permits, installation and service.

(a)  Immediately upon the acceptance of the franchise, the grantee shall proceed with due diligence to obtain all necessary permits, licenses and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their associated microwave transmission facilities. All permits, licenses and authorizations must be obtained and the grantee shall commence construction and installation of the community antenna television system within ninety days of acceptance of the franchise.

(b)  Within ninety days after the commencement of construction and installation of the CATV system, the grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for franchise, as provided in section 24-20, shall be provided within one year from the date that service was first provided.

(c)  Failure on the part of the grantee to commence and pursue diligently each of the foregoing requirements, and to complete each of the matters set forth herein, shall be grounds for the termination of such franchise, under and pursuant to the terms of section 24-5; provided, however, that the board of supervisors in its discretion may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control. (Ord. No. 325, (part).)

24-10 Location of property of grantee.

(a)  Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets shall be so constructed or installed only at such locations and in such manner as shall be approved by the director of public works acting in the exercise of his reasonable discretion.

(b)  The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately owned area within the county which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the county, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the director of public works.

(c)  In those areas and portions of the county where the transmission or distribution facilities of both the public utility providing telephone service and the utility providing electric service are underground or hereafter may be placed underground, the grantee shall construct, operate and maintain all of its transmission and distribution facilities underground. Amplifiers in the grantee’s transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the director of public works. The county shall not be responsible in any manner for any costs incurred by the grantee in placing the facilities underground. (Ord. No. 325, (part).)

24-11 Removal and abandonment of property of grantee.

(a)  In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of three months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the grantee’s franchise or this chapter, or the franchise has been terminated, cancelled or has expired, the grantee, upon being given ten days’ notice shall promptly remove from the streets or public places all such property and poles of such system other than any which the director of public works may permit to be abandoned in place. In the event of such removal the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the director of public works.

(b)  Any property of the grantee to be abandoned in place shall be abandoned in such manner as the director of public works shall prescribe. Subject to the provisions of any utility joint use attachment agreement, upon permanent abandonment of the property of the grantee in place, the property shall become that of the county and the grantee shall submit to the county administrator or executive secretary an instrument in writing to be approved by the county counsel, transferring to the county the ownership of such property.

(c)  Any property of the grantee remaining in place thirty days after the termination or expiration of the franchise shall be considered permanently abandoned. The director of public works may extend such time not to exceed an additional thirty days. (Ord. No. 325, (part).)

24-12 Changes required by public improvements.

The grantee, at its expense, shall protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the director of public works by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of structures or improvements by public agencies; provided, however, that the grantee in all cases shall have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in section 24-11. (Ord. No. 325, (part).)

24-13 Failure to perform street work.

Upon failure of the grantee to commence, pursue or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed and to the satisfaction of the director of public works, the director of public works, at his option, may cause such work to be done and the grantee shall pay to the county the cost thereof in the itemized amounts reported by the director of public works to the grantee within thirty days after receipt of such itemized report. (Ord. No. 325, (part).)

24-14 Faithful performance bond.

(a)  The grantee, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, shall furnish to the county and file with the county clerk, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at the grantee’s sole cost and expense, a corporate surety bond in a company approved by the county counsel and in a form approved by the county counsel, in the amount of twenty-five thousand dollars, renewable annually, and conditioned upon the faithful performance of the grantee, and upon the further condition that in the event the grantee fails to comply with any one or more of the provisions of this chapter, or of any franchise issued to the grantee under this chapter, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the county as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney’s fees and costs, up to the full amount of the bond; said condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the county that may have arisen from the acceptance of the franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty days’ prior written notice of intention not to renew, cancellation or material change be given to the county. At the end of the first two years of the term of the franchise, the amount of the aforesaid corporation surety bond which the franchise holder shall maintain in full force and effect for the remainder of the term of the franchise shall be in the amount of twelve thousand dollars, but shall correspond in all other particulars to the bond required during the first two years of the term as required hereinabove.

(b)  Neither the provisions of this section, nor any bond accepted by the county pursuant hereto, nor any damages recovered by the county thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued under this chapter or for damages, either to the full amount of the bond or otherwise. (Ord. No. 325, (part).)

24-15 Indemnification of county.

(a)  The grantee, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, shall furnish to the county and file with the county clerk, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at the grantee’s sole cost and expense, a general comprehensive liability insurance policy in a company approved by the county administrator, and in a form satisfactory to the county counsel, indemnifying and saving harmless the county, its officers and employees from and against any and all claims, demands, actions, suits and proceedings by others against all liability to others, protecting the county and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of the grantee under such franchise, with minimum liability limits of three hundred thousand dollars for personal injury or death of any one person and five hundred thousand dollars for personal injury or death of two or more persons in any one occurrence, and fifty thousand dollars for damage to property resulting from any one occurrence.

(b)  The policy mentioned in subsection (a) of this section shall name the county, its officers, boards, commissions, agents and employees, as additional insureds and shall contain a provision that a written notice of cancellation or reduction in coverage of the policy shall be delivered to the county thirty days in advance of the effective date thereof. If such insurance is provided by a policy which also covers the grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement. (Ord. No. 325, (part).)

24-16 Inspection of property and records.

(a)  At all reasonable times, the grantee shall permit any duly authorized representative of the county to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the county, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the county or upon reasonable request are not made available in the county, and if the board of supervisors determines that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.

(b)  The grantee shall prepare and furnish to the county administrator, the county treasurer and the director of public works, at the times and in the form prescribed by any of said officers, such reports with respect to its operations, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the county or any of its officers in connection with the franchise.

(c)  The grantee at all times shall make and keep in the county full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the county.

(d)  The grantee shall file with the director of public works, on or before the last day of March of each year, a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in streets and other public places of the county on base maps provided by the county. (Ord. No. 325, (part).)

24-17 Operational standards.

The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the CATV industry, to the effect that subscribers shall receive the highest quality service technically possible. In determining the satisfactory extent of such standards, the following, among others, shall be considered as minimum requirements for the CATV system:

(a)  The system shall be installed using all band equipment capable of passing the entire VHF television and FM broadcast spectrum (i.e., no less than fifty to two hundred MHz, including the so-called “mid-band” region), and further, it shall have the capability of converting the UHF television broadcasting range to channels between fifty and two hundred MHz for distribution to subscribers.

(b)  Signals shall be transmitted from the antenna origination point to all subscriber tap-off points, regardless of location on the distribution portion of the system, without the introduction of any noticeable degradation of color fidelity, picture intelligence or audio distortion.

Color phase shift introduced by system components between the off-the-air receiving antennas and the customer tap-off point shall not exceed two degrees under any circumstances, on a cumulative basis.

(c)  The system and all equipment in the system shall be rated for continuous twenty-four hour per day operation.

(d)  The system shall provide a signal level of not less than two thousand microvolts, as measured across seventy-two ohms at the subscriber’s television receiver, on the highest channel (by frequency) carried on the system to all color television receivers connected to the system. No channel shall exceed the highest and lowest values for the highest and lowest channels by more than five-tenths decibel for more than fifty percent of the time.

The system shall provide equivalent service levels of not less than one thousand five hundred microvolts on the highest channel and not less than one thousand microvolts on the lowest channel (both as measured across the seventy-two ohm drip cable) to all black and white receivers connected to the system.

The system shall provide a minimum signal of not less than two hundred microvolts on the lowest intensity FM channel (as measured from the customer service drop termination point) delivered, and a maximum signal intensity of not more than three decibels greater level than the lowest and highest FM channel carried, and the lowest of these shall be not lower than two hundred microvolts across seventy-two ohms.

(e)  The system design and operation shall exhibit a signal plus noise ratio of not less than forty decibels as measured at the extremities at all trunk and customer distribution lines covering the franchise area.

(f)  Hum modulation of the picture (video) carrier shall not exceed five percent at any point in the system.

(g)  All active components in the system shall have VSWR not to exceed 1.5 to 1. All passive devices in the system shall have input, output and return losses of not less than twenty decibels.

(h)  The system shall maintain a minimum video carrier to aural carrier ratio of fifteen decibels and a maximum video carrier to aural carrier ratio of eighteen decibels for all television channels. This video carrier to aural carrier relationship shall be established in such a manner that the color subcarrier if present, to video carrier relationship shall not be degraded below its as-received off-the-air ratio by more than twenty-five-hundredths decibel.

(i)  Carriage of so-called local channels shall be accomplished in such a way that these channels, as delivered to the system subscribers, if delivered on-channels, shall be at least fifty-seven decibels stronger as measured at the customer receiver tuner input terminals than any stray direct pickup from these channels. If this is not possible, channel conversion of these stations shall be made to utilize other regular VHF channels, mid-band or octave channels for the delivery of these stations to the customers’ receivers.

(j)  The system shall be designed in such a way that twenty-channel operation is possible at the outset, utilizing either mid-band frequencies or octave frequency groupings. If so-called mid-band frequencies for cable carriage of one or more channels are utilized, it shall be demonstrated that such carriage is possible in the county without introduction into the cable transmission lines of direct pickup from radio services operating in the mid-band region, which would tend to interfere with the carriage of one or more proposed television channels in this frequency range.

If the octave-frequency grouping method of providing spectrum space for additional channels (more than the twelve regular VHF channels) is utilized, it shall be demonstrated to the satisfaction of the county administrator that such equipment is operational and available for delivery.

(k)  The CATV system shall be installed and maintained in accordance with the engineering report of the Television Allocation Study Organization (TASO). The master antenna to be installed for the CATV system shall be located where the signal strength of the television stations to be received shall not be less than five hundred microvolts per meter for low-band channels (2 through 6) and shall not be less than eight hundred microvolts for high-band channels (7 through 13) for at least fifty percent of the time. (Ord. No. 325, (part).)

24-18 Miscellaneous provisions.

(a)  When not otherwise prescribed herein, all matters herein required to be filed with the county shall be filed with the county clerk.

(b)  The grantee, without charge, shall provide all subscriber services of its system, including multiple connection services, to all public and nonprofit private schools, sheriffs’ departments and fire stations, county recreation centers, and such other buildings owned or controlled by the county, which shall from time to time be designated by the county administrator or executive secretary; provided however, that such buildings shall be located within the franchise areas of the grantee. The grantee shall install, without charge to the county or such public or private schools, up to two hundred feet of service connection from the transmission cable otherwise maintained or required to be maintained by the grantee for the service of paying subscribers of the grantee. The county or any such public or private schools shall pay to the grantee the costs of all labor and materials supplied by the grantee for the installation of any service connection in excess of the initial two hundred feet.

(c)  In the case of any emergency or disaster, the grantee, upon request of the county administrator or executive secretary, shall make available its facilities to the county for emergency use during the emergency or disaster period.

(d)  The grantee shall not engage directly or indirectly in the business of selling, leasing, renting, furnishing, providing, repairing or servicing any television, radio or other receiving apparatus or any component part thereof within the county, and such prohibition shall extend and apply to the officers and directors of the grantee, to all general and limited partners of the grantee, to any person or combination of persons owning, holding or controlling five percent or more of any corporate stock or other ownership interest of the grantee, or any affiliated or subsidiary entity owned or controlled by the grantee, or in which any officer, director, stockholder, general or limited partner, or person or group of persons, holding or controlling any ownership interest in the grantee, owns, holds or controls five percent or more of any corporate stock or other ownership interest; and such prohibition shall extend and apply to any person, firm or corporation acting or serving in the capacity of a holding or controlling company of grantee.

(e)  The grantee shall be prohibited from deleting, revising, adding to or substituting any program of any television or FM radio broadcast station carried by the grantee, whether with or without the consent of such station, without the prior written approval for good cause shown of the board of supervisors and then only upon such terms as the board of supervisors shall prescribe.

(f)  The grantee shall maintain an office within the county or at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service shall be available promptly to subscribers.

(g)  No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge.

(h)  Before the grantee provides service to any subscriber, the grantee shall obtain a signed contract from the subscriber containing a provision substantially as follows:

“Subscriber understands that in providing service, grantee is making use of public rights-of-way within the County, and that the continued use of these public rights-of-way is in no way guaranteed. In the event the continued use of such rights-of-way is denied to grantee for any reason, grantee will make every reasonable effort to provide service over alternative routes. Subscriber agrees he will make no claim nor undertake any action against the County, its officers, its employees or grantee if a service to be provided by grantee hereunder is interrupted or discontinued because the continued use of such rights-of-way is denied to grantee for any reason.”

The form of the grantee’s contract with its subscribers shall be subject to approval of the county counsel with respect to the inclusion of this provision. (Ord. No. 325, (part).)

24-19 Use of utility poles and facilities – Agreement.

When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the county clerk. (Ord. No. 325, (part).)

24-20 Application for franchise.

(a)  Application for a franchise under this chapter shall be in writing, shall be accompanied by an application fee of five hundred dollars, nonrefundable, and shall be filed with the county clerk for transmission to the board of supervisors and shall contain the following information:

(1)  The name and address of the applicant. If the applicant is a partnership, the application shall state the name and address of each partner. If the applicant is a corporation, the application shall state the name and address of the officers, major stockholders and associates, and the names and addresses of parent and subsidiary companies;

(2)  A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which the applicant proposes to construct, install, maintain and operate such system; and, particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system;

(3)  A description, in detail, of the public streets, public places and proposed public streets within which the applicant proposes or seeks authority to construct, install, maintain or operate any CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed, maintained or operated therein; and the proposed specific location thereof;

(4)  A map specifically showing and delineating the proposed service area or areas within which the applicant proposes to provide CATV services and for which a franchise is requested if said area is less than the entire county;

(5)  A statement or schedule setting forth the number of channels and all of the television or radio stations proposed to be received, transmitted, conducted, relayed or otherwise conveyed over the CATV system;

(6)  A statement or schedule of a form approved by the county counsel of proposed rates and charges to subscribers for installation and services, and a copy of the proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than one hundred fifty feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation as specified in the applicant’s proposal may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the county, service may be made available on the basis of cost of materials, labor and easements if required by the grantee. The decision of the board of supervisors as to what is remote or relatively inaccessible under this subdivision shall be final;

(7)  A copy of any contract, if existing between the applicant and any public utility, providing for the use of facilities of such public utility, such as poles, lines or conduits;

(8)  A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed CATV operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever;

(9)  A current financial statement prepared by a certified public accountant, or person otherwise satisfactory to the board of supervisors, showing the applicant’s financial status and his financial ability to complete the construction and installation of the proposed CATV system;

(10)  Such supplementary, additional or other information as the board of supervisors may demand at any time, and the applicant shall provide, and which the board of supervisors may deem reasonably necessary to determine whether the requested franchise should be granted.

(b)  Upon consideration of any such application, the board of supervisors may refuse to grant the requested franchise or the board of supervisors, by resolution, may grant a franchise for a CATV system to any such applicant as may appear from the application to be in its opinion best qualified to render proper and efficient CATV service to the television viewers and subscribers in the county or any part thereof. The board of supervisors’ decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form a part of the franchise as granted. It is the intention of this chapter that the franchise shall not be granted upon a cash auction bid, but that the board of supervisors shall consider those factors set forth in California Government Code Section 53066 in granting the franchise, including but not limited to the following:

(1)  Quality of service offered;

(2)  Rates to the subscriber;

(3)  Experience and financial responsibility of the applicant;

(4)  Applicant’s proposals for providing service to local schools and county installations;

(5)  Whether applicant has a contract with a public utility providing for use of facilities such as poles, lines or conduits of such public utility in the county;

(6)  Such other factors as the board of supervisors consider necessary in protecting the public interest.

(c)  Any franchise granted under this chapter shall include the following condition:

“The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the County and no other purpose whatsoever.”

Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the county to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter. (Ord. No. 325, (part).)

24-21 Franchise renewal.

Any franchise granted under this chapter is renewable at the application of the grantee, in the manner and upon the terms and conditions as required by this chapter as then constituted for obtaining a franchise, except those which are by their terms expressly inapplicable; provided, however, that the board of supervisors at its option may waive compliance with any or all of the requirements of section 24-20. (Ord. No. 325, (part).)

24-22 Acceptance and effective date of franchise.

(a)  No franchise granted under this chapter shall become effective unless and until the resolution granting the franchise has become effective and, in addition, unless and until all things required in this section and sections 24-14 and 24-15(a) and (b) are done and completed, all of such things being hereby declared to be conditions precedent to the effectiveness of any such franchise granted under this chapter. In the event any of such things are not done and completed in the time and manner required, the board of supervisors may declare the franchise null and void.

(b)  Within ten days after the effective date of the resolution awarding a franchise, or within such extended period of time as the board of supervisors in its discretion may authorize, the grantee shall file with the county clerk his written acceptance of the franchise together with the bond and insurance policies required by sections 24-14 and 24-15(a) and (b), and his agreement to be bound by and to comply with and to do all things required of him by the provisions of this chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and in form and content shall be satisfactory to and approved by the county counsel. (Ord. No. 325, (part).)

24-23 Violations.

(a)  From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person to establish, operate or carry on the business of distributing to any persons in this county any television signals or radio signals by means of a CATV system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

(b)  From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person to construct, install, maintain or operate within any public street in the county, or within any other public property of the county, or within any privately owned area within the county which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the county, any equipment or facilities for distributing any television signals or radio signals by means of a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

(c)  It is unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of the franchised CATV system within this county for the purpose of taking or receiving any television signal, radio signal, picture, program or sound.

(d)  It is unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within this county for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound without payment to the owner of the system.

(e)  It is unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of any television signal, radio signal, picture, program or sound. (Ord. No. 325, (part).)

24-24 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The board of supervisors of the county hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsection, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid. (Ord. No. 325, (part).)

24-25 Enactment.

The ordinance codified in this chapter shall take effect thirty days after its passage, and prior to the expiration of fifteen days after the adoption hereof shall be published in a newspaper of general circulation within the county. (Ord. No. 325, (part).)