Chapter 5.16
CABLE TELEVISION

Sections:

ARTICLE I. DEFINITIONS

5.16.010    Definitions.

ARTICLE II. LICENSING REQUIREMENTS AND PROCEDURES

5.16.020    License required.

5.16.030    Scope of license.

5.16.040    License application.

5.16.050    License application--Approval.

5.16.060    License--Conditions.

5.16.070    License--Renewal.

5.16.080    License--Effective date.

5.16.090    License acceptance--Effect.

5.16.100    License--Term--Forfeiture.

5.16.110    License--Payments.

5.16.120    License--Transferability or assignability.

5.16.130    Bond required.

5.16.140    Insurance requirements.

5.16.150    Inspection of property and records.

5.16.160    Financial statement and inspection.

5.16.170    Public use priority.

5.16.180    Compliance with applicable statutes and agreements.

5.16.190    Nonliability of city.

5.16.200    Eminent domain.

5.16.210    Requiring of improvements.

5.16.220    Resolution of disputes.

ARTICLE III. CONSTRUCTION, INSTALLATION AND SERVICE

5.16.230    Commencement of construction.

5.16.240    Location of facilities--Underground.

5.16.250    Removal and abandonment of property.

5.16.260    Removal or relocation of facilities.

5.16.270    Failure to perform street work.

5.16.280    Operational standards.

5.16.290    Office required.

5.16.300    Refusal of service prohibited.

Sections: (Continued)

5.16.310    Subscriber contracts.

5.16.320    Installation charges--Adjustment of rates.

5.16.330    Sale of television receivers by licensee prohibited.

5.16.340    Effect of annexation.

5.16.350    Unauthorized connections--Tampering--Prohibited.

5.16.360    Violation--Penalty.

ARTICLE IV. PEG CHANNEL

5.16.400    Provision of channel.

5.16.410    Compliance with the Digital Infrastructure and Competition Act of 2006.

5.16.420    PEG facilities fee.

ARTICLE I. DEFINITIONS

5.16.010 Definitions.

Unless otherwise indicated in this chapter, the following terms have the following meanings:

A.    "CATV" means a cable distribution system and any services or signals, television, radio or otherwise, capable of being delivered by the cable distribution system, and shall include, without limitation, a community antenna television system consisting of antenna, cables, wires, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing or creating television or radio signals through its facilities. "CATV" does not mean or include the transmission of any special program or event for which a separate charge is made to the subscriber in the manner commonly known and referred to as "pay television" and the licensee expressly agrees that no entertainment programs shall be provided in this manner.

B.    "City" and "council" means the city of Lakeport and the city council of the city of Lakeport.

C.    "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 licensee from subscribers or users in payment for television or FM radio signals, or service received within the city. "Gross annual receipts" does not include any taxes on services furnished by the licensee imposed directly on any subscriber or user by any governmental unit and collected by the licensee for such governmental unit.

D.    "License" means and includes any nonexclusive authorization granted pursuant to this chapter in terms of a license, permit or otherwise to construct, operate and maintain a CATV system in the city.

E.    "Licensee" means the person, firm or corporation to whom or which a license, under this chapter, is granted by the council and the lawful successor or assignee of said person, firm or corporation, but shall not include a telephone company, whose facilities are constructed, operated and maintained pursuant to its state-granted telephone franchise, furnishing a licensee hereunder with distribution channels for use in a CATV system. No provision of this chapter shall be deemed or construed as requiring the granting of a license hereunder to a telephone company furnishing such a channel service.

F.    “Property of licensee” means all property constructed, installed, operated or maintained by a licensee under the authority of a nonexclusive license issued pursuant to this chapter.

G.    “Service area” means the area in the city in which a licensee is authorized, pursuant to this chapter, to construct, maintain and operate a CATV system.

H.    “Street” means the surface of and the space above and below any public street, highways, alleys, public properties or public easements of the city, now or hereafter existing as such within the city.

I.    “Subscriber” means any person or entity receiving for any purpose the CATV service of a licensee. (Ord. 465 Art. 1 §1, 1971)

ARTICLE II. LICENSING REQUIREMENTS AND PROCEDURES

5.16.020 License required.

A.    No person, firm or corporation shall establish, operate or carry on the business of distributing to any persons in this city, any television signals or radio signals by means of a CATV system, unless a license therefor has first been obtained pursuant to the provisions of this chapter, and unless such license is in full force and effect; also, no person, firm or corporation shall construct, install or maintain within any street in the city, or within any other public property of the city, or within any privately owned area within the city which has not yet become a public street, but is designated or delineated as a proposed public street or any tentative subdivision map approved by the city, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a license authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such license is in full force and effect.

B.    Preexisting and operating CATV systems must apply for a license under this chapter within sixty days from the passage of the ordinance codified in this chapter.

C.    Nonexclusive licenses to construct, operate and maintain CATV systems within all or any portion of the area of the city may be granted by the council to any persons, firms, or corporations whether operating under existing licenses or not, who or which offer to furnish and provide such systems under and pursuant to the terms and provisions of this chapter.

D.    No provision of this chapter shall be deemed or construed as to require the granting of a license when in the opinion of the council it is in the public interest to restrict the number of licenses to one or more for a proposed service area or not to grant any licenses for a proposed service area. Neither the granting of any nonexclusive license hereunder, nor any of the provisions contained herein, shall be construed to prevent the city from granting any identical, or similar, nonexclusive license to any person, firm or corporation within all or any portion of the city. (Ord. 465 Art. 6, §1, Art. 1 §2, 1971)

5.16.030 Scope of license.

A.    Any license granted pursuant to the provisions of this chapter shall authorize and permit the licensee to engage in the business of operating and providing a CATV system in the city, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, where the city’s interest therein will support the grant of license, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and in addition 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 licensee permitted to do business in the city.

B.    The granting of a license pursuant to this chapter shall not be construed as permission or license to enter on, occupy or otherwise utilize private property without the expressed consent of the owner or agent in possession thereof. (Ord. 465 Art. 1 §3, 1971)

5.16.040 License application.

A.    An application for a license under this chapter shall be in writing and accompanied by a payment to the city of two hundred fifty dollars to reimburse it for expenses incurred in connection with processing the application and shall contain the following information:

1.    The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main office, 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 applicant proposes to construct, install, maintain and operate the same, and particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system.

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

4.    A statement or schedule in a form approved by the city of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the licensee and its subscribers shall accompany the application.

a.    The licensee shall provide service to all subscribers within the boundaries of the city as such boundaries are now, or as changed by annexation hereafter. The licensee shall provide a free initial service installation or hookup for all residential users, if the same is applied for during the period of construction of the portion of the system serving such applicant, or within sixty days of the time of the initial turnon of such portion of the system.

b.    Except as limited in this section, the initial service connection shall be made upon payment of such charge therefor, as shall be approved by the city council upon its approval of rates and charges to be made by licensee, and each additional outlet shall be provided upon application at such rate as shall be so approved.

5.    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;

6.    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 license or the proposed CATV operation. If a license 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 license shall be deemed void and of no force and effect whatsoever;

7.    A financial statement prepared by a certified public accountant or public accountant satisfactory to the city council, showing applicant’s financial status and his financial ability to complete the construction and installation of the proposed CATV system.

8.    The city council may at any time demand, and applicant shall provide such supplementary, additional or other information as the city council may deem reasonably necessary to determine whether the requested license should be granted.

B.    The city council may, by advertisement or any other means, solicit and call for offers and applications for CATV licenses, and may determine and fix any date upon or after which the same shall be received by the city, or the date before which the same must be received, or the date after which the same shall not be received, and may make any other determination and specify any other times, terms, conditions or limitations respecting the soliciting, calling for, making and receiving of such offers and applications, in addition to the information required pursuant to this section, provided that the city council shall not be required to solicit or call for such offers or applications and may receive or refuse to receive any of the same, solicited, called for, or otherwise, as the city council may elect. (Ord. 465 Art. 5 §1, 1971)

5.16.050 License application--Approval.

Upon consideration of any such application, the city council may refuse to grant the requested license, or the city council may by resolution grant a license for a CATV system to any such applicant as may appear from said application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the proposed service area. The city council’s decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the license as granted. (Ord. 465 Art. 5 §2, 1971)

5.16.060 License--Conditions.

A.    Any license granted pursuant to this chapter shall include the following conditions:

The CATV system herein licensed shall be used and operated solely and exclusively for the purpose expressly authorized by this chapter and no other purpose whatsoever.

B.    Inclusion of the foregoing statement in any such license shall not be deemed to limit the authority of the city council to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such license pursuant to the authority conferred by this chapter. (Ord. 465 Art. 5 §3, 1971)

5.16.070 License--Renewal.

Upon the expiration of any license granted under this chapter, the licensee may apply to renew its said license in the same manner as herein provided for initial application and the city may solicit and call for offers or applications by others than the licensee; provided, however, that the city council may at its option waive compliance with any or all of the requirements of Section 5.16.040 of this chapter for the application of the original license hereunder. (Ord. 465 Art. 5 §4, 1971)

5.16.080 License--Effective date.

No license granted pursuant to the provisions of this chapter shall become effective unless and until the resolution granting same has become effective, and, in addition, unless and until all things required in this section and Sections 5.16.130 and 5.16.140 of this chapter are done and completed, all of such things being declared to be conditions precedent to the effectiveness of any such license granted hereunder. In the event any of such things are not done and completed in the time and manner required, the city council may declare the license null and void. (Ord. 465 Art. 5 §5, 1971)

5.16.090 License acceptance--Effect.

Within thirty days after the date of the resolution awarding a license, or within such extended period of time as the city council in its discretion may authorize, the licensee shall file with the city clerk of the city his written acceptance, in form satisfactory to the city attorney, of the license, together with the bond and insurance policies, 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 license. Such acceptance and agreement shall be acknowledgment by the licensee before a notary public and shall, in form and content, be satisfactory to and approved by the city attorney. (Ord. 465 Art. 5 §6, 1971)

5.16.100 License--Term--Forfeiture.

A.    No license granted by the city council shall be for a term longer than fifteen years following the date of acceptance of such license by the licensee, or renewal thereof.

B.    Any material neglect, failure or refusal to comply with any of the terms or conditions of this chapter or any license granted pursuant thereto which are in licensee’s reasonable power to control, including mutually agreed to changes or additions thereto, during the term of a license by licensee, may be grounds for forfeiture of the license granted by this chapter; provided, however, that the city council shall give licensee at least twenty days’ written notice of its intention to hold a hearing regarding such neglect, failure or refusal. The aforementioned notice shall specifically state the precise neglect, failure or refusal which is to be the subject of the hearing, and licensee shall be given the opportunity to appear at the hearing and present its position regarding the subject matter of the hearing.

C.    The city council may, in its discretion, upon the evidence presented at the hearing, establish a reasonable time within which any deficiencies must be remedied, if any are deemed by the city council to exist. If the deficiencies are not remedied within the time specified by the city council, the city council may grant extensions, or, may thereupon declare the license forfeited. In the event of forfeiture, the licensee shall remove its equipment from the streets within the city within six months after receipt of notice of the council’s declaration that the license has been forfeited. Notice may be given and will be deemed received for the purpose of this section, when deposited in the mail, addressed to the licensee at its address contained in the files of the city council. (Ord. 465 Art. 1 §5, 1971)

5.16.110 License--Payments.

The licensee of any license granted under this chapter shall pay to the city, during the life of such license, a fixed percentage of the gross annual receipts of the licensee as provided in the licensee’s license. The license may provide that at the end of one-half the term of the license, the percentage payable to the city may be renegotiated; provided, however, the percentage shall not exceed any maximum percentage which may be set by law. Such payment by the licensee to the city shall be made annually, or as otherwise provided in the licensee’s license, by delivery of the same to the city clerk, or such other official as the city council may designate. (Ord. 465 Art. 1 S6, 1971)

5.16.120 License--Transferability or assignability.

A licensee shall not sell, transfer, lease, dispose of, or assign its license or any rights thereunder, including any beneficial interest or right to operate thereunder, by voluntary sale, merger, consolidation, or otherwise, or by operation of law without the prior written consent of the city council. (Ord. 465 Art. 2 S2, 1971)

5.16.130 Bond required.

A.    The licensee shall, concurrently with the filing of an acceptance of award of any license granted under this chapter, file with the city clerk of the city, and at all times thereafter maintain in full force and effect for the term of such license or any renewal thereof, at licensee’s sole expense, a corporate surety bond in a company, and in a form approved by the city attorney, in the amount of five thousand dollars, renewable annually and conditioned upon the faithful performance of licensee, and upon the further condition that in the event licensee shall fail to comply with any one or more of the provisions of this chapter, or of any license issued to the licensee hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond, any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the licensee 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 bonds; said condition to be a continuing obligation for the duration of such license and any renewal thereof, and thereafter until the licensee has liquidated all of its obligations with the city that may have arisen from the acceptance of said license or renewal by the licensee, 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 city.

B.    Neither the provisions of this section, nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance of the licensee or limit the liability of the licensee under any license issued hereunder or for damages, whether to the full amount of the bond or otherwise. (Ord. 465 Art. 4 §1, 1971)

5.16.140 Insurance requirements.

A.    The licensee shall, concurrently with the filing of an acceptance of award of any license granted under this chapter, furnish to the city, and file with the city clerk, and at all times during the existence of any license granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of five hundred thousand dollars, in a company approved by and in a form satisfactory to the city attorney, indemnifying and saving harmless the city, its officers and employees from and against any and all claims, demands, actions, suits, and proceedings by others, against all liability to others, including but not limited to any liability for damages by reason of, or arising out of, any failure by the licensee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the licensee’s CATV system and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney’s fees, arising out of the exercise or enjoyment of its license, irrespective of the amount of the comprehensive liability insurance policy required hereunder. This insurance provision may be satisfied by proper endorsement to the comprehensive liability insurance policy required by subsection B of this section.

B.    Comprehensive Liability Insurance. The licensee shall, concurrently with the filing of an acceptance of award of any license granted under this chapter, furnish to the city, and file with the city clerk, and at all times during the existence of any license granted under this chapter, maintain in full force and effect at its own cost and expense, a general comprehensive liability insurance policy, in protection of the city, its officers, boards, commissions, agents and employees, in a company approved by and in the form satisfactory to the city attorney, protecting the city and all persons against liability for loss or damage for personal injury, death, property damage, and inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the city approved plans for the installation of license property or after the installation of license property, occasioned by the operations of license under such license, with minimum liability limits of three 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.

C.    Additional Insured, Cancellation and Nonconditional. The policies or certificates of insurance representing such policies, mentioned in the foregoing subsection, shall name the city, its officers, boards, commissions, agents and employees, as additional insured, and shall contain a provision that a written notice of cancellation or reduction in coverage of the policy shall be delivered to the city ten days in advance of the effective date thereof; if such instance is provided by a policy which also covers licensee or any other entity or person other than those named above, then such policy shall contain the standard cross-liability endorsement. The promise and agreement in this section is not conditioned or dependent on whether or not the city has approved any plan(s) or specification(s) in connection with this license, or has insurance or other indemnification covering any of these matters.

D.    By accepting a license, the licensee agrees to save and hold harmless, as set forth in this section, the city, its officers, boards, commissions, agents and employees from any and all claims, costs, demands, causes of action, suits, loss, expenses, or other detriment or liability arising from or out of the operations of the licensee from any cause whatsoever, including inverse condemnation and in addition to, and not in lieu of, the surety bond and liability insurance. (Ord. 465 Art. 4 §2, 1971)

5.16.150 Inspection of property and records.

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

B.    The licensee shall prepare and furnish to the director of public works and the city attorney, at the times and in the form prescribed by either of said officers, such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city, or any of its officers in connection with the license.

C.    The licensee shall at all times make and keep in the city full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the city.

D.    The licensee shall file with the director of public works, upon his demand, 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 in the city.

E.    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 director of public works. (Ord. 465 Art. 4 §3, 1971)

5.16.160 Financial statement and inspection.

A.    The licensee shall file with the city within sixty days after the expiration of any fiscal year or portion thereof during which such license is in force, a financial statement prepared by a certified public accountant or public accountant showing in detail the gross annual receipts, as defined in this chapter, of licensee during the preceding calendar year or portion thereof.

B.    If shall be the duty of the licensee to pay to the city within fifteen days after the time for filing such statements, the sum prescribed in this chapter or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.

C.    The city shall have the right to inspect the licensee’s records showing the gross receipts from which its license payments are computed and the right of audit and recomputation of any and all amounts paid under this chapter.

D.    No acceptance of any payments shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable under this chapter or for performance or any other obligation hereunder.

E.    In the event that such audit conducted by the city shall show any substantial error or misstatement of facts which entitle the city to additional payments, then licensee shall reimburse the city for its total costs incurred in conducting such audit. (Ord. 465 Art. 1 §7, 1971)

5.16.170 Public use priority.

No privilege or exemption is granted or conferred by any license granted under this chapter except those specifically prescribed in this chapter. Any privilege claimed under a license granted pursuant to this chapter in any street shall be subordinate to any prior lawful occupancy of the street or any subsequent occupancy of the street for public purpose. (Ord. 465 Art. 2 §1, 1971)

5.16.180 Compliance with applicable statutes and agreements.

Any license granted pursuant to this chapter is subject to all provisions, regulations and conditions prescribed by federal, state, county and local law heretofore and hereafter enacted or established during the term of any license granted, and shall be in addition to any electrical or encroachment permit required by this code. Any such license granted shall not relieve the licensee of any obligation involved in obtaining pole space from any department of the county, city or utility company, or from others maintaining poles in streets. (Ord. 465 Art. 2 S3, 1971)

5.16.190 Nonliability of city.

The license shall have no recourse whatsoever against the city for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter, or of any license issued hereunder, or because of its enforcement or for the termination or forfeiture of any license as provided in this chapter. (Ord. 465 Art. 2 §4, 1971)

5.16.200 Eminent domain.

Nothing in this chapter shall in any way or to any extent, impair or affect the right of the city to acquire licensee’s property either by purchase or through exercise of the right of eminent domain, and nothing herein shall be construed to contract away or to modify or abridge the city’s right of eminent domain in respect to any licensee. (Ord. 465 Art. 2 §5, 1971)

5.16.210 Requiring of improvements.

During the term of any license granted, the city may require licensee to make reasonable improvements in its construction, operation and maintenance, and if said improvements are not diligently made, the matter may be grounds for forfeiture. (Ord. 465 Art. 2 §6, 1971)

5.16.220 Resolution of disputes.

The city council may do all things 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 license granted under this chapter. The city council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any licensee or from any provisions of this chapter. (Ord. 465 Art. 2 §7, 1971)

ARTICLE III. CONSTRUCTION, INSTALLATION AND SERVICE

5.16.230 Commencement of construction.

A.    Within thirty days after acceptance of any license the licensee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier license, 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.

B.    Within ninety days after obtaining all necessary permits, licenses, and authorizations, licensee shall commence construction and installation of the CATV system.

C.    Within one hundred eighty days after the commencement of construction and installation of the system, licensee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that all channels represented by licensee to be ultimately available to subscribers, shall in fact be available to all subscribers within the city within one year from the issuance and acceptance of the license.

D.    Failure on the part of the licensee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein within the time provided, shall be grounds for termination of such license.

E.    The city council in its discretion may extend the time for the commencement and completion of construction and installation for an additional period. (Ord. 465 Art. 3 §1, 1971)

5.16.240 Location of facilities--Underground.

A.    Any poles, wires, cable lines, conduits or other properties of the licensee 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 and shall conform to all applicable laws including the city’s encroachment ordinance.

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

C.    In those areas and portions of the city where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the licensee immediately upon written request by the director of public works, shall likewise construct, or reconstruct, operate and maintain all of its transmission and distribution facilities underground. For the purpose of this subsection, “underground” includes a partial underground system, e.g., streamlining. Amplifiers in licensee’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 city shall not, in any manner, be responsible for any costs incurred by any licensee in placing his property underground. (Ord. 465 Art. 3 §2, 1971)

5.16.250 Removal and abandonment of property.

A.    In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of six months, or in the event such system or property has been installed in any street or public place without complying with the requirements of this chapter, or the license has been terminated, cancelled or has expired, the licensee shall promptly, upon being given ten days’ notice, remove from the streets or public places all such property and poles of such system other than any which the director of public works may permit to be abandoned in place. In the event of such removal, the licensee 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 licensee remaining in place six months after the termination, forfeiture or expiration of the license, shall be considered permanently abandoned. The director of public works may extend such time not to exceed an additional thirty days.

C.    Any property of the licensee 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, the licensee shall submit to the director of public works an instrument in writing, to be approved by the city council, transferring to the city the ownership of such property. Any mortgage or security interest existing with regard to any abandoned property shall not prevent the city from removing said property, and the cost of such removal shall constitute a first lien on the property and any other mortgage or security interest shall be subordinate to said lien. The licensee in creating a mortgage or security interest in all instances, shall clearly state that such interest is subject to all the provisions of this chapter and is specifically subject to this provision with regard to abandoned property. (Ord. 465 Art. 3 §3, 1971)

5.16.260 Removal or relocation of facilities.

The licensee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the licensee 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, signal lines, and tracks or drains, water pipes, power lines or any other type of structures or improvements by public agencies; provided, however, that the licensee shall in all cases have the privileges and be subject to the obligations to abandon any property of the licensee in place, as provided in this chapter. (Ord. 465 Art. 3 §4, 1971)

5.16.270 Failure to perform street work.

Upon failure of the licensee to commence, pursue, or complete any work required by law or by the provisions of this chapter or by its license 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 may, at his option, cause such work to be done and the licensee shall pay to the city the cost thereof in the itemized amounts reported by the director or public works to the licensees within thirty days after receipt of such itemized report. (Ord. 465 Art. 3 §5, 1971)

5.16.280 Operational standards.

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

A.    That the system be installed using all band equipment capable of passing the entire VHF and FM spectrum, and that it have the further capability of converting UHF for distribution to subscribers of the VHF band; provided, however, that licensee shall not convert the UHF signal of any nonprofit translator organization without its written agreement;

B.    That the system, as installed, be capable of passing standard color TV signals without the introduction of material degradation on color fidelity and intelligence;

C.    That the system and all equipment be designed and rated for twenty-four-hour-per-day continuous operation;

D.    That the system provides a nominal signal level of 1,200 microvolts at 75 ohms at the input terminals of each TV receiver;

E.    That the system signal-to-noise ratio is not less than 44 decibels;

F.    That hum modulation of the picture signal is less than five percent;

G.    That the system use components having a VSWR of 1.4 or less;

H.    The operation standards set forth in this section shall be modified to the extent necessary to reflect the signal level available at the respective system antenna sites and normal signal loss experienced in the distribution system assuming that the distribution system is at the time of installation installed and maintained with the highest and best acceptable standards of the industry and is at all times properly maintained.

I.    Licensee shall maintain a good and sufficient quality in its transmission of TV signals; in the event that the quality control is deficient, or below standard, then and in such event, it shall, pursuant to Section 5.16.100 of this chapter and this subsection, be the subject for forfeiture of the license, or, upon hearing pursuant to notice of setting and at the discretion of the city council licensee may be required to prorate service charges for the time proper signal is not provided, if such failure extends beyond a period of twenty-four hours, and the same is caused by improper or negligent operation or maintenance. For the purpose hereof, said council may require the attendance at any such hearing of representatives of the licensee.

J.    The licensee shall provide eight stations as a minimum service to subscribers. All of the said minimum number of stations shall be operable and in use by subscribers within one year from the date of issuance of any licenses hereunder unless otherwise restricted or regulated by the Federal Communications Commission. (Ord. 475 §1(part), 1972; Ord. 465 Art. 4 §4, 1971)

5.16.290 Office required.

The licensee shall maintain an office in the city, and at a location which subscribers may call without incurring added message or toll charges, so that CATV maintenance service shall be promptly available to subscribers. (Ord. 465 Art. 4 §5, 1971)

5.16.300 Refusal of service prohibited.

No person, firm or corporation in the city shall be refused service; provided, however, that the licensee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge. (Ord. 465 Art. ‘4 §6, 1971)

5.16.310 Subscriber contracts.

A.    Before providing antenna service to any subscriber, the licensee shall, if subscriber contracts are required by licensee, obtain a signed contract from the subscriber containing a provision substantially as follows:

Subscriber understands that in providing antenna service (Licensee) is making use of public rights of way within the city of Lakeport, 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 Licensee for any reason, Licensee will make every reasonable effort to provide service over alternate routes. Subscriber agrees he will make no claim nor undertake any action against the City of Lakeport, its officers, or its employees, if the service to be provided by Licensee hereunder is interrupted or discontinued.

B.    The form of the licensee’s contract with its subscribers shall be subject to approval of the city with respect to the inclusion of this section. (Ord. 465 Art. 4 S7, 1971)

5.16.320 Installation charges--Adjustment of rates.

A.    Licensee may make a charge to subscribers for installation or connection to its CATV system and fixed monthly charges.

B.    Modification to rates or charges, or both, may be made by licensee.

C.    No service or schedule of monthly rates or charges therefor shall be made or provided unless the same are first filed with the city clerk. (Ord. 569 §1, 1978: Ord. 465 Art. 1 §4, 1971)

5.16.330 Sale of television receivers by licensee prohibited.

The licensee or any of his employees, during their course of employment, shall not engage in the business of selling or leasing television or other receivers which make use of signals transmitted by its system, nor shall the licensee or any of his employees, during the course of their employment, engage in the repair of such receivers or the sale of parts for the same. (Ord. 465 Art. 6 §3, 1971)

5.16.340 Effect of annexation.

A.    Whenever any portion of the territory covered by this license shall be annexed to, or otherwise become a part of any municipal corporation or of any other city or any other agency or political subdivision of the state, the city’s rights hereunder shall inure to the benefit of such other public body and its appropriate officers.

B.    In the event that any territory shall be hereafter annexed to the city, then and in such event this chapter shall apply to such annexed territory and such changes as may become necessary in such annexed territory shall be made solely at the expense of the licensee, and said annexed territory shall become entitled to all of the rights and privileges herein provided for subscribers within the present territorial limits of the city. (Ord. 465 Art. 6 §5, 1971)

5.16.350 Unauthorized connections--Tampering--Prohibited.

No person, firm or corporation shall make any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a licensed CATV system within the incorporated area of this city for the purpose of taking or receiving television signals, radio signals, pictures, programs or sound; also, no person, without the consent of the owner, shall tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound; provided, however, that this section shall not apply to the wiring or facilities necessary to the addition of additional television sets in a dwelling house. (Ord. 465 Art. 6 §2, 1971)

5.16.360 Violation--Penalty.

Any violation of subsection A of Section 5.16.020 or Section 5.16.330 or 5.16.350 of this chapter constitutes a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding three hundred dollars, or by imprisonment in the county jail for not more than thirty days, or both. (Ord. 465 Art. 6 §4, 1971)

ARTICLE IV. PEG CHANNEL

5.16.400 Provision of channel.

All state franchise holders who have been awarded a state video franchise under the California Public Utilities Code Section 5800 et seq. (the Digital Infrastructure and Video Competition Act of 2006 [the "Act"]) to operate within the unincorporated boundaries of the county of Lake, shall provide capacity for one public, education and governmental (PEG) access channel in accordance with California Public Utilities Code Section 5870. (Ord. 885 §1(part), 2012)

5.16.410 Compliance with the Digital Infrastructure and Competition Act of 2006.

Said state franchise holders shall comply with the provisions of the Act related to PEG access channels, including the following requirements of California Public Utilities Code Section 5870:

A.    The PEG access channel shall all be carried on the basic service tier.

B.    To the extent feasible, the PEG access channel shall not be separated numerically from other channels carried on the basic service tier and the channel numbers for the PEG access channel shall be the same channel numbers used by the incumbent cable operator, unless prohibited by federal law.

C.    After the initial designation of PEG access channel number, the channel number shall not be changed without the agreement of the county, unless the change is required by federal law.

D.    The PEG access capacity provided shall be of similar quality and functionality to that offered by commercial channels on the lowest cost tier of service, unless the signal is provided to the state franchise holder at a lower quality or with less functionality. (Ord. 885 §1(part), 2012)

5.16.420 PEG facilities fee.

A.    State franchise holder shall pay to the county a PEG fee equal to one percent of gross revenues which shall be exclusively used to support the operation of PEG channel facilities.

B.    The county administrative officer shall prescribe financial accountability and reporting standards to which the county’s designated PEG facilities provider shall be subject in order to qualify for receipt of said PEG fees.

C.    State franchise holders shall remit PEG fees in the same manner as franchise fees as set forth in the Act. Each remittance shall be accompanied by a summary detailing how the PEG support fee was calculated.

D.    The PEG fee may be shown as a separate line item on the regular bill of each subscriber.

E.    If a state franchise holder fails to pay the PEG support fee when due, or underpays the proper amount due, the state franchise holder shall pay interest at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent of the maximum rate specified by state law. (Ord. 885 §1(part), 2012)