Chapter 11.07
CATV FRANCHISES
Sections:
11.07.020 Exclusive use of telephone facilities.
11.07.030 Franchise to operate.
11.07.040 Uses permitted by grantee.
11.07.050 Duration of franchise.
11.07.070 Limitations of franchise.
11.07.080 Rights reserved to the City.
11.07.090 Permits, installation and service.
11.07.100 Location of property of grantee.
11.07.110 Removal and abandonment of property of grantee.
11.07.120 Changes required by public improvements.
11.07.130 Failure to perform street work.
11.07.140 Faithful performance bond.
11.07.150 Indemnification of City.
11.07.160 Inspection of property and records.
11.07.170 Miscellaneous provisions.
11.07.180 Use of utility poles and facilities – Agreement.
11.07.190 Application for franchise.
11.07.210 Acceptance and effective date of franchise.
11.07.010 Definitions.
For the purposes of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
“CATV” means a community antenna television system as hereinafter defined.
“City” means the City of Newman, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form.
“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 F.M. radio service by cable or through its facilities as herein contemplated.
“Council” means the present governing body of the City or any future board constituting the legislative body of the City.
“Franchise” shall mean and include any nonexclusive authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the City. Any such authorization, in whatever term granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City in accordance with Chapter 3.01 NCC.
“Franchise area” means the territory within the City throughout which grantee shall be authorized hereunder to construct, maintain and operate its system and shall include any enlargements thereof and additions thereto.
“Grantee” means the person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the Council under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation.
“Gross subscriber revenues” means only those revenues derived from the installation fees, disconnect and reconnect fees, and the monthly service fees paid by subscribers for regular cable television, including the transmission of broadcast signals and access and origination channels, if any.
As specified by the Federal Communications Commission (F.C.C.), gross subscriber revenues shall not include any revenues derived from reimbursement of expenses in the operation of any access channels, advertising, leasing of cable channels, programs for which per-channel or per-program charges are made, furnishing other communications and nonbroadcast services either directly or as a carrier for another party, or any other income derived from the system.
“Property of grantee” means all property owned, installed or used by a grantee in the conduct of a CATV business in the City under the authority of a franchise granted pursuant to this chapter.
“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 City.
“Subscriber” means any person or entity receiving for any purpose the CATV service of a grantee. (Ord. 280, 3-25-1975; Ord. 264, 3-28-1972)
11.07.020 Exclusive use of telephone facilities.
When and in the event that the grantee of any franchise granted hereunder constructs, operates and maintains a CATV system exclusively through telephone company facilities constructed, operated and maintained pursuant to a State-granted telephone franchise and offers satisfactory proof that in no event during the life of such franchise shall the grantee make any use of the streets independently of such telephone company facilities, said grantee shall be required to comply with all of the provisions hereof as a “licensee” and in such event whenever the term “grantee” is used herein it shall be deemed to mean and include “licensee.”
11.07.030 Franchise to operate.
A. A nonexclusive franchise to construct, operate and maintain a CATV system within all or any portion of the City may be granted by the Council to any person, whether operating under an existing franchise or not, who offers to furnish and provide such system under and pursuant to the terms and provisions of this chapter.
B. No provision of this chapter may be deemed or construed as to require the granting of a franchise when in the opinion of the Council it is in the public interest to restrict the number of grantees to one or more. (Ord. 264, 3-28-1972)
11.07.040 Uses permitted by grantee.
A. Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a 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 or highway, such poles, wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, including but not limited to any public utility or other grantee franchised or permitted to do business in the City. The granting of a franchise pursuant to this chapter shall not be construed as permission or authority to enter on, occupy or otherwise utilize private property without the express consent of the owner or agent in possession thereof.
B. The grantee may make a charge to subscribers for installation or connection to its CATV system and a fixed monthly charge. (Ord. 78-6A, 5-23-1978)
11.07.050 Duration of franchise.
No franchise granted by the Council under this chapter shall be for a term longer than 15 years following the date of acceptance of such franchise by the grantee or the renewal thereof.
Any such franchise granted hereunder may be terminated prior to its date of expiration by the Council in the event that the Council shall have found, after 30 days’ notice of any proposed termination and public hearing, that:
A. The grantee has failed to comply with any provision of this chapter, or has, by act or omission, violated any term or condition of any franchise or permit issued hereunder; or
B. Any provision of this chapter has become invalid or unenforceable and the Council further finds that such provision constitutes a consideration material to the grant of said franchise; or
C. The City acquires the CATV system property of the grantee. (Ord. 280, 3-25-1975; Ord. 264, 3-28-1972)
11.07.060 Franchise payments.
A. Any grantee granted a franchise under this chapter shall pay to the City, during the life of such franchise, a sum equal to three percent of the gross subscriber revenues of the grantee. Such payment by the grantee to the City shall be made annually, or as otherwise provided in the grantee’s franchise, by delivery of the same to the City Clerk, and such payment by the grantee to the City shall be in lieu of any occupation tax, license tax or similar levy over which the Council has control.
B. The grantee shall file with the City, within 30 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 Council, showing in detail the gross subscriber revenues, 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 City within 30 days after the expiration of any calendar year and in conjunction with the filing of the financial statement herein called for, the sum hereinabove prescribed, 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 grantee’s records showing the gross subscriber revenues 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 City may have for further or additional sums payable under this chapter or for the performance of any other obligation hereunder.
D. In the event of any holding over after expiration or other termination of any franchise granted hereunder, without the consent of the City, the grantee shall pay to the City reasonable compensation and damages, of not less than 100 percent of its gross subscriber revenues during said period. (Ord. 79-2, 6-26-1979)
11.07.070 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 such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.
D. Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the Council expressed by ordinance, 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 City Clerk within 30 days after any such transfer or assignment. The said consent of the Council 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. Should the grantee be adjudicated, a bankrupt or become insolvent, or seek the benefits of any law now or hereafter in effect during the term of the franchise for the financial relief of debtors, the Council may, at its election, immediately terminate all rights granted by the franchise upon service of 10 days’ written notice by registered or certified mail of such election upon the grantee.
E. Time shall be of the essence of any such franchise granted hereunder. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter or by any failure of the City to enforce prompt compliance.
F. Any right or power in, or duty impressed upon, any officer, employee, department or board of the City shall be subject to transfer by the City to any other officer, employee, department or board of the City.
G. The grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchise issued hereunder or because of its enforcement.
H. The grantee shall be subject to all requirements of City ordinances, rules, regulations and specifications heretofore or hereafter enacted or established during the term of any franchise granted hereunder.
I. Any such franchise granted shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the City, utility company or from others maintaining poles in streets.
J. Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation or maintenance of any CATV system in the City; and the acceptance of any franchise hereunder shall operate, as between grantee and the City, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the City, to the effect that, as between grantee and the City, any and all construction, operation and maintenance by any grantee of any CATV system in the City shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.
11.07.080 Rights reserved to the City.
A. Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City’s right of eminent domain.
B. There is hereby reserved to the City every right and power which is required to be herein reserved or provided by any ordinance of the City, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power, heretofore or hereafter enacted or established.
C. Neither the granting of any franchise hereunder nor any of the provisions contained herein shall be construed to prevent the City from granting any identical, or similar, franchise to any other person within all or any portion of the City.
D. There is hereby reserved to the City the power to amend any section or part of this chapter so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee.
E. Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City.
F. The Council may do all 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 hereunder. The City Manager is hereby authorized and empowered to adjust, settle or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the City, the grantee or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the Council for hearing and determination.
The party so appealing to the Council shall file his notice of appeal in writing with the City Clerk setting forth the items in controversy, and shall pay to the City Clerk at the time of filing a fee of $150.00.
Any costs or expenses incurred by the City Manager or by the Council in determining the controversy shall be paid by the party against whom the decision is rendered, or by the parties to the dispute, share and share alike, as the City Manager or the Council, as the case may be, may determine, and shall be paid forthwith upon receipt of a statement from the Finance Department setting forth the items of cost and expense. The Council may accept, reject or modify the decision of the City Manager, and the Council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter.
G. Any modifications of the provisions of Section 76.31 of the rules and regulations of the Federal Communications Commission shall be incorporated herein within one year of the adoption of the modification by the F.C.C., or at the time of franchise renewal, whichever first occurs. (Ord. 2014-9 § 5, 10-28-2014; Ord. 280, 3-25-1975; Ord. 264, 3-28-1972)
11.07.090 Permits, installation and service.
A. Within 30 days after acceptance of any franchise the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, or their associated microwave transmission facilities, or any other associated facility.
B. Within 90 days after obtaining all necessary permits, licenses and authorizations, grantee shall commence construction and installation of the CATV system.
C. Within 90 days after the commencement of construction and installation of the system, grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all areas designated on the map accompanying the application for franchise, as provided in NCC 11.07.190, shall be provided within one year from the date that service was first provided.
D. Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be grounds for termination of such franchise, under and pursuant to the terms of NCC 11.07.050; provided, however, that the Council in its discretion may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control. (Ord. 280, 3-25-1975; Ord. 264, 3-28-1972)
11.07.100 Location of property of grantee.
A. Any poles, wires, cable lines, conduits or other properties of the grantee to be constructed or installed in streets, shall be so constructed or installed only at such locations and in such manner as shall be approved by the Director of Public Works acting in the exercise of his reasonable discretion.
B. The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, except those installed or erected upon public utility facilities now existing, without obtaining the prior written approval of the Council.
C. In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. For the purposes of this subsection, “underground” shall include a partial underground system, e.g., streamlining. Amplifiers in 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 City shall not in any manner be responsible for any costs incurred by grantee in placing grantee’s facilities underground. (Ord. 77-25, 9-1977; Ord. 264, 3-28-1972)
11.07.110 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 12 months, or in the event such system or property has been installed in any street or public place without complying with the requirements of grantee’s franchise or this chapter, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given 10 days’ notice, remove from the streets or public places all such property and poles of such system other than any which the Director of Public Works may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the Director of Public Works.
B. Any property of the grantee remaining in place 30 days after the termination of expiration of the franchise shall be considered permanently abandoned. The Council may extend such time not to exceed an additional 30 days.
C. Any property of the grantee to be abandoned in place shall be abandoned in such manner as the Director of Public Works shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the City, and the grantee shall submit to the Council an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property.
11.07.120 Changes required by public improvements.
The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the Director of Public Works by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks or any other type of structures or improvements by public agencies; provided, however, that the grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee in place, as provided in NCC 11.07.110.
11.07.130 Failure to perform street work.
Upon failure of the grantee to commence, pursue, or complete any work required by law or by the provisions of this chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Director of Public Works, the Director of Public Works may, at his option, cause such work to be done and the grantee shall pay to the City the cost thereof in the itemized amounts reported by the Director of Public Works to the grantee within 30 days after receipt of such itemized report. (Ord. 77-25, 9-1977; Ord. 264, 3-28-1972)
11.07.140 Faithful performance bond.
A. The grantee shall, concurrently with the filing of and acceptance of award of any franchise granted under this chapter, file with the City Clerk, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee’s sole expense, a corporate surety bond in a company authorized to do business in California, and in a form approved by the City Attorney, in the amount of $25,000, renewable annually, and conditioned upon the faithful performance of grantee, and upon the further condition that in the event grantee shall fail to comply with any one or more of the provisions of this chapter, or of any franchise issued to the grantee hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification or cost 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 City that may have arisen from the acceptance of said franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that 30 days’ prior written notice of intention not to renew, cancellation or material change be given to the City.
B. Neither the provisions of this section, nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise.
11.07.150 Indemnification of City.
A. The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the City and file with the City Clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of $1,000,000, in a company approved by the City Council and in a form satisfactory to the City Attorney, indemnifying and saving harmless the City, its officers and employees from and against any and all claims, demands, actions, suits and proceedings by others, against all liability to others, including but not limited to any liability for damages by reason of or arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered to the grantee’s CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney’s fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder.
B. The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the City and file with the City Clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City, its officers, boards, commissions, agents and employees, in a company approved by the City Council and a form satisfactory to the City Attorney, protecting the City and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise, with minimum liability limits of $1,000,000 for personal injury or death of any one person and $1,000,000 for personal injury or death of two or more persons in any one occurrence, and $1,000,000 for damage to property resulting from any one occurrence.
C. The policies mentioned in the foregoing subsection shall name the City of Newman, its officer, boards, commissions, agents and employees as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City 10 days in advance of the effective date thereof; if such insurance is provided by a policy which also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.
11.07.160 Inspection of property and records.
A. At all reasonable times, the grantee shall permit any duly authorized representative of the City to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the City, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the City, or upon reasonable request made available in the City, and if the Council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the grantee.
B. The grantee shall prepare and furnish to the City Clerk and the Director of Public Works at the times and in the form prescribed by either of said officers, such reports with respect to its operations, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the City or any of its officers in connection with the franchise.
C. The grantee shall at all times make and keep in the City full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the City.
D. The grantee shall file with the City Clerk, on or before the last day in 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 City. (Ord. 77-25, 9-1977; Ord. 264, 3-28-1972)
11.07.170 Miscellaneous provisions.
A. When not otherwise prescribed herein, all matters herein required to be filed with the City shall be filed with the City Clerk.
B. The grantee shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. Such payment shall be made within 30 days after the City furnishes the grantee with a written statement of such expenses.
C. The grantee shall maintain an office within the City limits or at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service shall be promptly available to subscribers.
D. No person 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.
E. 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; and such prohibition shall extend and apply to the officers and directors of grantee, to all general and limited partners of 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 grantee, to any affiliated or subsidiary entity owned or controlled by grantee, or in which any officer, director, stockholder, general or limited partner, or person or group of persons owning, holding or controlling any ownership interest in grantee, shall own, hold or control five percent or more of any corporate stock or other ownership interest; and such prohibition shall likewise apply to any person acting or serving in the capacity of a holding or controlling company of grantee. (Ord. 78-6A, 5-23-1978; Ord. 280, 3-25-1975; Ord. 264, 3-28-1972)
11.07.180 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 City Clerk.
11.07.190 Application for franchise.
A. Application for a franchise hereunder shall be in writing, shall be filed with the City Clerk, and shall contain the following information:
1. Fifty dollars filing fee.
2. The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main offices, major stockholders and associates, and the names and addresses of parent and subsidiary companies.
3. 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.
4. 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.
5. A map specifically showing and delineating the proposed service area or areas within which applicant proposes to provide CATV services and for which a franchise is requested.
6. A copy of proposed service agreement between the grantee and its subscribers shall accompany the application.
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 with respect to the proposed franchise or the proposed CATV operation. If a franchise is granted to a person posing as a front or as the representative of another person 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 statement or schedule setting forth the number of channels and all of the television stations proposed to be received, transmitted, conducted, relayed or otherwise conveyed over its system.
10. A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing applicant’s financial status and his financial ability to complete the construction and installation of the proposed CATV system.
11. The Council may at any time demand, and applicant shall provide, such supplementary, additional or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.
B. Upon consideration of any such application, the Council may refuse to grant the requested franchise or the Council may by ordinance grant a franchise 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 City. The Council’s decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.
C. Any franchise granted pursuant to this chapter shall include the following condition:
The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Newman and no other purpose whatsoever.
Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the City to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter. (Ord. 78-6A, 5-23-1978; Ord. 264, 3-28-1972)
11.07.200 Franchise renewal.
Any franchise granted under this chapter is renewable at the application of the grantee after a public proceeding in which the grantee’s compliance with the terms and conditions of this chapter and of the original franchise and the rules and regulations of the Federal Communications Commission, are considered, in the same manner and upon the same terms and conditions as required herein for obtaining the original franchise, except those which are, by their terms, expressly inapplicable; provided, however, that the Council may at its option, waive compliance with any or all of the requirements of NCC 11.07.190. (Ord. 280, 3-25-1975)
11.07.210 Acceptance and effective date of franchise.
A. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting same has become effective and, in addition, unless and until all things required in this section and NCC 11.07.140, 11.07.150(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 hereunder. In the event any of such things are not done and completed in the time and manner required, the Council may declare the franchise null and void.
B. Within 30 days after the effective date of the ordinance codified in this chapter awarding a franchise, or within such extended period of time as the Council in its discretion may authorize, the grantee shall file with the City Clerk his written acceptance, in form satisfactory to the City Attorney, of the franchise, together with the bond and insurance policies required by NCC 11.07.140, 11.07.150(A) and (B), respectively, and his agreement to be bound by and to comply with and to do all things required of him by the provisions of this chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public, and shall in form and content be satisfactory to and approved by the City Attorney.
11.07.220 Violations.
A. From and after the effective date of the ordinance codified in this chapter, it shall be unlawful for any person to establish, operate or to carry on the business of distributing to any persons in the City 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 shall be unlawful for any person to construct, install or maintain within any public street in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a 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 shall be 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 the City for the purpose of taking or receiving television signals, radio signals, pictures, programs or sound.
D. It shall be 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 the City 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 said system.
E. It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.
11.07.230 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this chapter shall not abate, reduce or otherwise affect any consideration or other obligation required of the grantee of any franchise granted hereunder. (Ord. 264, 3-28-1972)