188 ORDINANCE NO. 188
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA,GRANTING
A NON-EXCLUSIVE FRANCHISE TO GROUP W CABLE,
INC.,TO CONSTRUCT,OPERATE,AND MAINTAIN A
CABLE TELEVISION SYSTEM IN THE CITY OF
GRAND TERRACE,AND SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANTING OF THE FRANCHISE.
WHEREAS,the City of Grand Terrace,pursuant to Ordinance No.49,adopted June 11, 1981,
did declare its intention to award on or more non-exclusive revocable franchises to construct,operate,and
maintain a Cable Television System within the City of Grand Terrace;and Comcast Cablevision of
California.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA,DOES HEREBY ORDAIN the following terms and conditions of franchise in accordance
with the provisions this Ordinance:
Section 1. Index
Section 2. Award of Franchise
Section 3. Definitions
Section 4. General Provisions
Section 5. Rights Reserved to the City
Section 6. Construction
Section 7. Use of Streets
Section 8. Rearrangement of Facilities
Section 9. Service Requirements
Section 10. Program Origination Facilities
Section 11. Rates to Customers
Section 12. Service,Operation,and Maintenance
Section 13. Inspection and Reports
Section 14. Evaluation Sessions
Section 15. Remedies for Franchise Violations
Section 16. Prohibited Activities-
Section 17. Rights of Individuals Protected
Section 18. Termination
Section 19. Right to Purchase System
Section 20. Separability
Section 21. Force Majeure;Grantee's Inability to Perform
Section 22. Effective Date
Section 23. Posting
Section 24 Adoption
1
s plan to use eminent domain in order to execute
the Plan, but only as to property which is not residentially zoned or as to property acquired
with the consent of the property owner. Additionally, real property in the Project Area may
be acquired by gift, devise, exchange, purchase, or any other lawful method.
The Agency shall not acquire real property retained by an owner pursuant to a Participation
violation shall be
deemed a misdemeanor punishable in accordance with Section 1.16 of this Code.
SECTION 9: Exemption from the Provisions of this Chapter - Any devices designed,
intended and used solely for the transportation of infants, the handicapped, or incapacitated
persons, or devices designed, intended, and used for the transportation of merchandise to and
from the place of purchase and other wheeled devices, when being used for either of these
purposes, shall be exempt from the provisions of this Chapter. Furthermore, the City Council
may, by Resolution, suspend the enforcement of the provisions of this Chapter to accommodate
special events when so requested by the event organizer."
SECTION 10: Conflict - If any section, subsection, subdivision, sentence, clause,
nd counties to
implement projects which have a high potential for reducing motor vehicle emissions.
11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by
the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel.
Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to
develop the alternative fuels market,relying on locally based government/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
SECTION 2. AWARD OF FRANCHISE
a. There is hereby granted to Group W Cable,Inc.,hereinafter referred to as
"Grantee" (Comcast Cablevision Corporation of California which is a wholly owned
subsidiary of Comcast Corporation)the right,privileges,and franchise to construct,
own,erect,operate,maintain,and repair a cable television(CATV)system in the
City of Grand Terrace,California,hereinafter called"City."
b. Grantee acknowledges and accepts the right of the City to issue a franchise and
Grantee agrees it shall not now or at any time hereafter challenge this right in any
way or in any city,state,or Federal court.
c. The effective date of the franchise shall be the effective date of this Ordinance,
subject to acceptance by the Grantee.
d. The Grantee shall,within thirty(30)days after the effective date of this Ordinance,
file in the Office of the City Clerk a written acceptance of all terms,conditions,and
obligations of this franchise in a form satisfactory to the City Attorney. Failure of
Grantee to accept the franchise as provided herein shall cause the franchise to
become null and void.
e. The term of the franchise shall be fifteen(15)years from the effective date hereof at
which time it shall expire and be of no force and effect.Renewal shall be in
accordance with Section 626 of the Cable Communications Policy Act of 1984,as
amended(the"Cable Act").
f. This franchise shall be non-exclusive. The City may grant a similar franchise or
any other franchise to any other person,firm,or corporation during or after said
fifteen(15)year period and any renewal or extension thereof. Any such franchise
shall contain substantially similar rights and obligations as the franchise granted
hereunder.
g. This franchise shall be a privilege to be held in personal trust by the Grantee.
Neither this franchise nor the cable television system constructed hereunder nor any
interest in this franchise or system shall be sold,transferred,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 City Council
expressed by written resolution,and then only under such conditions as may be
therein prescribed,in accordance with the cable act and FCC regulations;provided,
however,that consent shall not be required for a transaction in which Comcast
Corporation remains the ultimate corporate parent of the grantee.
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 ten(10)
days after any such transfer or assignment.
h. Approval of the City shall not be unreasonably withheld,provided that the proposed
transferee passes the requisite financial and professional qualifications,is capable of
performing all of the obligations hereof,and agrees,in writing,to comply with all
provisions of this franchise agreement.
2
nce, clause,
nd counties to
implement projects which have a high potential for reducing motor vehicle emissions.
11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by
the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel.
Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to
develop the alternative fuels market,relying on locally based government/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
i. The franchise may be renewed by the City upon application of the Grantee pursuant
to the procedure established in this Ordinance and in accordance with the Cable
Act.
The City shall schedule a public hearing on the question of renewal as prescribed in
the Cable Act. After giving public notice,the City Council shall proceed to
determine whether the Grantee has satisfactorily performed its obligations under the
franchise. At such hearing,the Grantee shall have full due process of law including
the opportunity to appear and be heard.
If,based upon a review of the criteria set forth in Section 626 of the Cable Act,the
City Council finds a renewal of the franchise with the Grantee to be in the best
public interest,the City Council may enter into a renewal of the franchise with the
Grantee under such terms and conditions as it deems advisable to protect the public
and the subscribers to the service.
j. The franchise is for the present territorial limits of the City of Grand Terrace and
for any area annexed thereto during the term of this franchise,which has a
minimum housing density of at least thirty-five(35)homes per mile from the
nearest technically feasible point of connection to grantee's distribution system.
Grantee shall not be obligated to extend service to any area served by another multi-
channel video provider.
SECTION 3. DEFINITIONS-For the purposes of this Ordinance,the following words,terms,
phrases,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. The word"shall"is always mandatory and not
merely directory.
a. "City"means the City of Grand Terrace, California, and all the territory within its
present and future corporate boundaries.
b. "City Council"means the Council of the City of Grand Terrace or such
representative person or entity as may be designated initially or at some future date
to act on cable television matters.
c. "FCC"means the Federal Communications Commission,or a designated
representative.
d. "Cable Television System,"Cable Communications System"or"System,"
sometimes referred to as"Cable TV System,""CATV System,"or"Broadband
Communications Network,"means a system of antenna,cables,amplifiers,towers,
microwave links,cablecasting studios,an any other conductors,converters,
equipment,or facilities designed and constructed for the purpose of distributing
video programming to home subscribers within the City;and the producing,
receiving,amplifying,storing,processing,or distributing audio,video,digital,or
other forms of electronic or electrical signals for the distribution to subscribers
within the City.
3
n writing,to comply with all
provisions of this franchise agreement.
2
nce, clause,
nd counties to
implement projects which have a high potential for reducing motor vehicle emissions.
11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by
the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel.
Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to
develop the alternative fuels market,relying on locally based government/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
e. "Grantee"means the person or entity to which a franchise henceforth is granted for
the construction,operation,maintenance,and reconstruction of a Cable Television
System,the lawful successors,transferees,or assignees of said corporation or entity.
f. "Subscriber"means any person,firm,corporation,or other entity who or which
elects to subscribe to,for any purpose,a service provided by the Grantee by means
of or in connection with the Cable Television System.
g. "Programmer"means any person or entity who or which produces or otherwise
provides program material or information for transmission by video,audio,digital,
or other signals,either live or from recorded tapes or other storage media,to
subscribers by means of the cable television system.
h. "Channel"means a frequency band which is capable of carrying either one
standard video signal,a number of audio,digital or other non-video signals,or
some combination of such signals.
i. "Local Origination Channel"means any channel where the Grantee is the only
designated programmer and provides video programs to subscribers.
j. "Public Access Channel,""Community Access Channel,"or"Community
Channel"means any channel where any member of the general public or any non-
commercial organization may be a programmer,without charge,on a first-come,
first-served,non-discriminatory basis.
k "Government Access Channel"or"Government Channel"means any channel
where local government agencies are the only designated programmer.
1. "Educational Access Channel"or Educational Channel"means any channel where
educational institutions are the only designated programmers.
m. "Leased Channel"or"Leased Access Channel"means any channel available for
lease and programming by persons or entities other than the Grantee.
n. "Open Channel"means any channel that can be received by all subscribers without
the necessity for special equipment.
o. "Private Channel"or"Closed-Circuit Channel"means any channel which is
available only to subscribers who are provided with special converter or terminal
equipment to send or receive signals on that channel.
p. "Converter"means an electronic device which converts signal carriers from one
form to another.
q. "Broadcast Signal"means a television or radio signal that is transmitted over-the-
air to a wide geographic audience and is received by a Cable Television System,off-
the-air,by microwave link,by satellite receiver,or by other means.
r. "Non-Broadcast Signal"means a signal that is transmitted by a Cable Television
System and that is not involved in an over-the-air broadcast transmission path.
s. "Cablecast Signal"means a non-broadcast signal that originates within the facilities
of the Cable Television System.
4
r the distribution to subscribers
within the City.
3
n writing,to comply with all
provisions of this franchise agreement.
2
nce, clause,
nd counties to
implement projects which have a high potential for reducing motor vehicle emissions.
11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by
the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel.
Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to
develop the alternative fuels market,relying on locally based government/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
t. "Basic Subscriber Television,""Basic Subscriber Services,"or"Basic Service"
means any tier of service which includes the transmission of local broadcast signals.
u. "Institutional Service"means such video,audio,data,and other services provided to
institutional users on an individual application,private channel basis. These may
include,but not be limited to,two-way video,audio or digital signals among
institutions,or from institutions to residential subscribers.
v. "Pay-Cable"or"Pay Television"means the delivery to subscribers over and above
the charge for Basic Subscriber Service on a per program,per channel,or other
subscription basis.
w. "Streets and Public Ways"means the public right-of-way along the surface of and
the space above and below any public street,sidewalk,alley,or other public way of
any type whatsoever now or hereafter existing as such within the City.
x. "Resident"means any person residing in the City as otherwise defined by applicable
law.
y. "Monitoring"means observing a one-way communications signal,or the absence of
a signal,where the observer is neither the subscriber nor the programmer,whether
the signal is observed by visual or electronic means,for any purpose whatsoever.
z. "Tapping"means observing a two-way communication signal exchange where the
observer is neither of the communicating parties,whether the exchange is observed
by visual or electronic means,for any purpose whatsoever.
aa. "Year"means the remaining portion of 1999. Thereafter,"year"means a full
calendar year.
bb. "Section"means any section,subsection,or provision this Franchise Ordinance.
cc. "School"means any public educational institution including primary and secondary
school,colleges,and universities and all similarly situated private and parochial
educational institutions which have received the appropriate accreditation from the
State of California and,where required,from other authorized accrediting agencies.
dd. "Franchise Agreement"means a signed and notarized statement on the part of both
Grantor and Grantee accepting and agreeing to all of the provisions of the franchise
herein granted.The franchise agreement may modify terms of this Ordinance by
mutual agreement with any such modification confirmed formally by appropriate
ordinance amendment.
ee. "Gross Revenue"means the gross revenue derived by grantee from the operation of
a cable television system to provide cable service to the City including:
(1) Subscribers or users in payment for basic,premium and pay-per-view
service,including installation and line extension charges;
(2) Any fees or income received by Grantee for carrying advertising or
commercial messages over the CATV facilities;and
5
ties
of the Cable Television System.
4
r the distribution to subscribers
within the City.
3
n writing,to comply with all
provisions of this franchise agreement.
2
nce, clause,
nd counties to
implement projects which have a high potential for reducing motor vehicle emissions.
11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by
the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel.
Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to
develop the alternative fuels market,relying on locally based government/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
(3) Notwithstanding the above,gross annual receipts or gross revenue shall not
include any taxes on service furnished by the Grantee and imposed directly
on any subscriber or user by any city, state,or other governmental unit and
collected by the Grantee for such governmental unit.
ff. "Person"means any corporation,partnership,proprietorship,individual,or
organization authorized to do business in the State of California,or any natural
person.
SECTION 4. GENERAL PROVISIONS
a. Grantee shall comply with the provisions of this Ordinance and applicable Federal,
State and Local laws. -
b. Following the issuance and acceptance of the franchise,the Grantee shall pay to the
Grantor a franchise fee of five percent of all gross revenues derived from the
operation of the Cable Television System.
Payments shall be completed and paid on a quarterly basis and due no later than
thirty(30)days following the end of each calendar quarter.
The Grantee shall file with the City,within thirty(30)days after the expiration of
any calendar year or portion thereof during which such franchise is in force,a
statement of gross revenues by an Officer of the Grantee showing in detail the gross
revenue of Grantee during the preceding calendar year or portion thereof.
The City shall have the right to inspect the Grantee's records showing the gross
revenue from which its franchise payments are computed and the right of audit and
recompilation of any and all amounts paid under this Section. 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 Section or for
the performance of any other obligation specified herein.
c. Concurrently with the acceptance of this franchise,the Grantee shall file or cause to
be filed with the City Clerk of the City of performance bond in the sum of$50,000
executed by the Grantee and a surety authorized to do business in the State of
California to insure to faithful performance by grantee of all provisions of the
franchise. Said bond shall name the City as obligee.
The term of the bond shall commence on or before the date of filing with the City
Clerk, The performance bond shall remain in effect during the entire term of this
franchise.
d. The Grantee,by the acceptance or use of this franchise,agrees to indemnify and
save free and harmless the City,it officers,agents,and employees from an against
any and all liability arising out of any and all claims,demands,causes of actions,or
proceedings which may be asserted,prosecuted or established against them,or any
of them for damage to persons or property of whatever nature arising out of the use
by Grantee of the City streets or other City owned right-of-way(or of any other
operations or activities of Grantee pursuant to this franchise)whether such damage
shall be caused by negligence or otherwise(including but not limited to any liability
for damages by reason of or arising out of any failure by Grantee to secure consents
from the owners,authorized distributors,or licensees of programs to be delivered by
Grantee's CATV system)and irrespective of the amount of the comprehensive
6
Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to
develop the alternative fuels market,relying on locally based government/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
liability insurance policy required hereunder,but,excepting therefrom,liability
arising out of any claim,demand,cause of actions,or proceeding resulting from the
negligence of the City,its officers,agents,or employees.
e. Grantee,by the acceptance or use of this franchise,agrees to defend at its own cost
and expense the City,its officers,agents,and employees against any and all claims,
demands,actions,or proceedings brought against them,or any of them,in respect
to the matters embraced by the indemnity set forth above.
f. Upon the effective date of the franchise, Grantee shall furnish proof that a
satisfactory liability insurance policy is in force in the minimum amounts of:
Worker's Compensation -- in accordance with
California Law;
Combined Single Limit General
&Motor Vehicle Liability -- $1,000,000.
The Worker's Compensation and Liability Insurance Policies shall be maintained
throughout the duration of the franchise,with the City named as additional insured. A
copy of the insurance certificates shall be filed with the City,and the City shall be
notified at least thirty(30)days prior to any cancellation of insurance.
g. No privilege or exemption shall be granted or conferred by any franchise granted
under this article except those specifically prescribed herein.
h. 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 or other
public property.
SECTION 5. RIGHTS RESERVED TO THE CITY
a. The City reserves the right to regulate the rates and fees charged by a grantee to the
full extent provided under,and in accordance with the Cable Act and FCC
regulations.
b. Council will be kept informed of any changes in any and all rates including special
programming not included in the above paragraph.
c. One connection to the system for basic service shall be furnished free of charge in
each public school in the area covered by the CATV franchise. The City Council
may require similar free service to hospitals,fire stations,or other similar facilities
operated by public. A grantee may impose a charge for non-standard installations
and internal wiring equal to its cost of labor and materials. A standard installation
shall mean an installation located up to 125 feet from the existing distribution
system.
d. 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 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 are reasonably necessary to monitor grantee's compliance
with the terms of its franchise. If any such maps or records are not kept in the City,
and if the Council determines that an examination thereof is necessary or
7
not limited to any liability
for damages by reason of or arising out of any failure by Grantee to secure consents
from the owners,authorized distributors,or licensees of programs to be delivered by
Grantee's CATV system)and irrespective of the amount of the comprehensive
6
Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to
develop the alternative fuels market,relying on locally based government/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
appropriate,then grantee shall make such maps and records available at its sole
expense.
The Grantee shall prepare and furnish to the City Engineer and the Finance Officer,
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.
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.
SECTION 6. CONSTRUCTION
a. The Grantee shall meet or exceed all the material construction and service
requirements set out in this franchise.It is the City's intent that Grantee shall not be
penalized for minor breaches of the terms of this Ordinance,so long as reasonable
efforts are maintained.
b. The Grantee shall extend service to any new residence,mobile home park,
apartment house,or public facility in the City where the minimum density
requirements in Section 2(j)hereof.
c. The Grantee shall maintain all,permits,business licenses,and other 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.
d. The City shall have the right to inspect all construction or installation work
performed subject to the provisions of the franchise and to make such tests as it
shall find necessary to ensure compliance with the terms of the franchise and other
pertinent provisions of law.
e. Subject to the provisions of the Cable Act and FCC regulations,the Grantee shall
provide all residential services to all residents of the City at uniform installation
charges and monthly rates.
f. Except as provided in Paragraph g and i herein,the Grantee shall construct or
install its cables and other line facilities overhead utilizing the poles and other
facilities of the Pacific Telephone and Telegraph Company,the General Telephone
Company,the Southern California Edison Company,or any other telephone or
electric power company operated and maintained pursuant to a State or City granted
franchise and regulated as a public utility by the Public Utilities Commission of the
State of California,which will not be unreasonably withheld. The Grantee shall
have the duty and burden of negotiating and obtaining acceptable pole lease
agreements(utility joint use attachment agreements)from said companies. Copies
of all such agreements shall be filed with the City Engineer. The Grantee shall not
erect or cause to be erected any pole for the use of its Cable Television System
without the written consent of the City Engineer.
i
8
m the owners,authorized distributors,or licensees of programs to be delivered by
Grantee's CATV system)and irrespective of the amount of the comprehensive
6
Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to
develop the alternative fuels market,relying on locally based government/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
g. The Grantee shall not commence construction,of any underground facilities under
the provision of this franchise or add to such existing underground system,if any
exist,until it first shall have obtained a construction-excavation permit therefore
from the City Engineer. The application of the Grantee shall show the following
facts:The length,depth,and proposed location of the underground facilities
proposed to be laid or constructed;the size and description of the conduit intended
to used;and such other facts as the City Engineer may require. The Grantee shall
pay any and all inspection and permit fees of the City. Any work undertaken by
Grantee pursuant to this Ordinance and shall be completed in a timely manner and
in accordance with conditions specified within City permits.
h. The cables and appurtenances and equipment constructed,installed,or maintained
under the provisions of this franchise shall be constructed,installed,and maintained
in a workman like manner,within accepted engineering practices,of the cable
television industry and in conformity with all ordinances,rules,or regulations now
or hereafter adopted or prescribed by the City. All underground cables laid under
the provisions of this franchise shall be of quality material and shall be placed in
conduits,unless direct burial is first approved by the City Engineer.
i. The Grantee shall not enter or encroach upon or interfere with or obstruct any
private property without the express consent of the owner or the agent in possession
thereof. The authority and permission given by this franchise shall not be construed
to grant or imply any permission or license so to do.
j. In the conduct of its business, Grantee shall be allowed to trim trees in order to
provide space for its facilities. Such tree trimming shall be done in compliance to
existing City ordinances and in a safe and efficient manner with due regard for the
health of the trees involved. Grantee shall exercise diligence to assure that trees are
trimmed as little as possible and follow practices designed to cause the minimum
amount of trauma to the trees being trimmed. All refuse created by tree trimming
will be removed and disposed of by Grantee in an acceptable manner.
k. Within ninety(90)days following the date in which any facilities are constructed
under this franchise,the Grantee shall file a map or maps in such scale and form as
may be required by the City Engineer showing the accurate as-built location and
size of all its facilities then in place. Upon removal,change,or abandonment of any
of its facilities,the Grantee shall,within thirty(30)days thereafter,file a revised
map or maps showing the location and size of all such additional,removed,or
abandoned facilities as of that date.
1. The Passage of this Ordinance granting this franchise shall not amend or otherwise
modify any of the provisions of the generally applicable laws or regulations of the
City. The components of the CATV system,other than coaxial cable and
appurtenances placed in or over City streets,shall be constructed or placed in
accordance with land use laws of the City.
m. The Federal Communications Commission(FCC).Rules and Regulations,Part 76,
Subpart k(Technical Standards)shall apply.
9
op-down"federal programs,Clean Cities uses a"grass roots"approach to
develop the alternative fuels market,relying on locally based government/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
SECTION 7. USE OF STREETS
a. Subject to the other provisions of this Ordinance,the Grantee shall have the right to
construct and maintain in,over,or across any street in the City such poles,wires,
cables,conductors,ducts,conduits,manholes,amplifiers,appliances,attachments,
and other property as may be reasonably necessary to the Grantee's Cable
Television system;provided,however,that the City by the award of this franchise
does not confer or agree to confer any right on the Grantee to place its facilities in,
over,or across any freeway, State highway,or any other street not owned by or
otherwise under the jurisdiction of the City,and any rights or privileges in any
streets or other public property granted herein shall be subordinate to any lawful
occupancy of such streets or other public property.
The Grantee shall not install or erect any facilities or apparatus in or on 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 or master plan approved by
the City,except those installed or erected upon public utility facilities now existing,
without obtaining the prior written approval of the City Engineer.
b. The Grantee shall be permitted to operate in the street to install,construct,
maintain,or repair its lines and facilities,provided it first obtains a construction-
excavation permit form the City Engineer setting-forth the following provisions.
(1) An Agreed upon reasonable number of days within which said work is to
completed. If the Grantee keeps the street open for a period exceeding the
time specified in the permit,the Grantee shall pay to the City the sum of
Fifty Dollars($50.00)per day as liquidated damages. The parties agree
that this provision for liquidated damages is not in the nature of a penalty,
but is assessed by the parties by reason of the inability to determine the
amount of damages which would be incurred by the City in the event of
such default;
(2) In the case of construction,installation or repair of facilities,the location
and manner of construction thereof;
(3) That all street crossing(including roadway,parkway,sidewalk,and
driveways will be bored and that all pavements and concrete surfaces will
be saw-cut,unless expressly waived by the City Engineer;
(4) That as soon as such work is completed,all portions of the streets
which have been excavated or otherwise damaged thereby shall be repaired
and placed in as good condition as they were before the commencement of
such work,to the satisfaction of the.City Engineer.
c. If any portion of any street shall be damaged by reason of the installation or
existence of any facility constructed under this franchise,the Grantee shall,at its
own expense immediately following written notification thereof,repair any such
damage and put such street in as good condition as it was in before such damage,to
the satisfaction of the City Engineer.
d. Effect on Traffic-The work of constructing,maintaining or repairing all cable
conduits and other facilities and appurtenances of the Grantee shall be conducted
with the least possible hindrance to the use of the streets for purposes of travel.
10
develop the alternative fuels market,relying on locally based government/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
e. Failure to Perform Street Work-Upon failure of Grantee to commence,pursue,or
complete any work required by law or by the provisions of this franchise to be done
in any street or other public place,within the time prescribed and to the satisfaction
of the City Engineer,the City Engineer may,at his option,cause such work to be
done and the Grantee shall pay to the City the cost thereof plus reasonable overhead
expenses in the itemized amounts reported by the Finance officer to the Grantee
within thirty(30)days after receipt of such itemized report.
SECTION 8. REARRANGEMENT OF FACILITIES
a. If any of the Grantee's facilities shall endanger the public in the use of the public
streets or interfere with or obstruct the use of any street by the public or for public
purposes,the City shall have the right to require the Grantee,at the Grantee's
expense,to move,alter,or relocate the same(hereinafter called"rearrangement")to
avoid such danger,interference,or obstruction,in conformity with the written
notice of the City Engineer.
b. Whenever,during the existence of this franchise,the City,in the exercise of its
governmental authority,as distinguished from its private capacity,shall change the
grade,width,or location of any street or improve any street in any manner,
including the laying of any sewer, storm drain,conduits,gas,water,or other pipes,
or construction any pedestrian tunnels,or other work of the City(the right to do all
of which is specifically reserved to the City without any admission on its part that it
would not otherwise have such right);and such work shall,in the opinion of the
City Engineer,render necessary any change in the position or location of any
facilities of the Grantee in the street,including the support thereof,which such
work is being done or performed,the Grantee shall,at its own cost and expense,do
any and all things to effect such change in position or location in conformity with
the written notice of the City Engineer,provided,however,that the City shall not
require the Grantee to remove its conduits or lines entirely form such street.
c. In case the Grantee shall fail to commence work in compliance with such written
notice within thirty(30)days after service of same upon the Grantee(unless the
Grantee shall be unable to comply with such notice by reason of strikes,riots,acts
of God,or acts of public enemies),the City Engineer may cause the work required
in said notice to be done by the City or,at the election of the City,by a private
contractor. The Grantee agrees to pay the costs thereof within thirty(30)days after
delivery of an itemized bill therefor to it or its local agent or manager. If done by
the City directly rather than by a contractor,the cost of doing said work shall be
considered the actual cost plus the current rate of overhead being charged by the
City for reimbursable work.
d. If the Grantee is dissatisfied with any determination of the City Engineer permitted
by this Section,it may petition the City Manager to review the same within ten(10)
days after such determination. During the pendency of such petition,the work so
required to be done shall be suspended. The decision of the City Manager thereon
shall be final and conclusive.
11
ntee shall be conducted
with the least possible hindrance to the use of the streets for purposes of travel.
10
develop the alternative fuels market,relying on locally based government/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
e. In conformity with written notice from the City Engineer,the City shall have the
right to require the Grantee to rearrange any part of the Grantee's facilities for the
accommodation of the City or of any water,electric,gas,or other utility system now
or hereafter owned or operated by the City. Except as provided in Paragraph a of
this Section 8,such rearrangement shall be at the City's expense.
SECTION 9. SERVICE REQUIREMENTS
a. Grantee shall provide the system capability to transmit an emergency alert signal to
all participating subscribers in accordance with FCC regulations.
b. Grantee shall provide standby power generating capacity at the cable
communications system control center and at all hubs. Grantee shall maintain
standby power system supplies,rated at least at four(4)hours duration,throughout
the distribution networks.
c. Grantee at no charge shall provide subscribers,upon request,with a parental control
lockout device or code that permits inhibiting the viewing of premium channels.
d. The Cable system presently has,and shall at all times maintain,a capacity of sixty
(60)channels available for immediate use. By October 31,2000,the Cable system
shall have a city-wide available channel capacity of one hundred(100)channels
which corresponds to an upper operating frequency of Seven Hundred Fifty
Megahertz(750 MHZ).
e. The Operator shall make available the equipment specified in Exhibit A attached
hereto for use in the local production and presentation of PEG Access
Programming. At such time that the equipment listed in Exhibit A is installed and
operational,it shall become the property of the City and repair and maintenance
shall become the City's responsibility,provided that Operator shall provide
reasonable training and basic trouble-shooting assistance.
f. The Operator may be required to interconnect its System with other broadband
communication facilities. Such interconnection,if agreed to by the City and the
Operator,shall be made within the time limit established by the City. The
interconnect shall,at the City's discretion,be accomplished according to the
method and technical standards determined by the City and generally accepted
industry practices. "Broadband communication facility",as used herein,means any
network of cable,optical,electrical or electronic equipment,including Cable -
Systems,used for the purpose of transmitting telecommunications signals.
g. At all times during the term of this Franchise,the Operator shall provide one(1)
free"Subscriber drop"connection and one(1)free outlet of Basic Service Tier
service(as that term is defined by the FCC)to each school,whether public or
private(from kindergarten through 12th grade),within the boundaries of the City
which has an average daily enrollment of one hundred(100)or more students
("Schools"). As to new schools coming into existence in the Franchise Area after
the date hereof,the Operator's obligation to provide such service shall arise ninety
(90)days after notification by the City to the Operator of the existence of the school.
At such a time as any part of the System is capable of providing high speed data
delivery via Cable Modem and makes same commercially available to subscribers or
users within the City,free installation and free service of one(1)Cable Modem.
shall be provided to each school and library.
12
vernment/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
SECTION 10. PROGRAM ORIGINATION FACILITIES
a. The Grantee,at its expense,shall provide equipment,staff,and technical service for
video program origination in conformance to Section N-Q 16 of the Grantee's
Proposal.
b. The Grantee's obligations for video program origination shall be in force for the
entire term of this franchise. _
c. The parties shall negotiate in good faith the timing of delivery of services at the
request of either party.
d. The Grantee may present commercial advertising programs and charge for such
service.
e. The City, School District,and any other public or quasi-public agency shall have
the right to use said studio and the equipment at reasonable times,reasonable rates,
and for reasonable periods. Schedules and priorities shall be established by the
Grantee with the approval of the City Manager.
SECTION 11. RATES TO CUSTOMERS
a. The City reserves the right to regulate all rates,fees,and charges made by Grantee
for any and all of its services performed or made available in the operation of its
Cable Television System in the City to the extent permitted under the Cable Act and
FCC regulations.
�✓ SECTION 12. SERVICE,OPERATION,AND MAINTENANCE
a. The Grantee shall operate the CATV system continuously a twenty-four(24)hour
per day, seven(7)days per week basis. It shall be the right of all subscribers to
receive all available services insofar as their financial and other obligations to the
Grantee are honored. In the event that the Grantee elects to overbuild,rebuild,
modify,or sell the system or the City gives notice of intent to terminate or fails to
renew this franchise,the Grantee shall act so as to insure that all subscribers receive
continuous,uninterrupted service;provided,however,that in the event of
termination, Grantee shall only be obligated to continue providing service for six(6)
months.
b. In the event a new operator acquires the system,the Grantee shall cooperate with
the City and the new operator in maintaining continuity of service to all subscribers.
During such period which shall not exceed 120 days,the Grantee shall be entitled to
the revenues for any period during which it operates the system,and shall be
entitled to reasonable costs for its services when it no longer operates the system.
c. In the event the Grantee fails to operate the system for ten(10) consecutive days
for reasons within its reasonable control without prior approval of the City or
without just cause,the City may,at its option,operate the system or designate an
operator until such time as the Grantee restores service under conditions acceptable
to the City or the franchise is terminated and a permanent operator is selected If
the City is required to fulfill this obligation for the Grantee,the Grantee shall
reimburse the City for all reasonable costs or damages in excess of revenues from
the system received by the City that are the result of the Grantee's failure to
perform.
13
ovide such service shall arise ninety
(90)days after notification by the City to the Operator of the existence of the school.
At such a time as any part of the System is capable of providing high speed data
delivery via Cable Modem and makes same commercially available to subscribers or
users within the City,free installation and free service of one(1)Cable Modem.
shall be provided to each school and library.
12
vernment/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
d. Grantee shall provide a fully equipped service organization with adequate staff and
facilities for maintenance of its CATV system and for furnishing service to its
customers and prospective customers.
e. The Grantee shall not refuse service to any resident whose property is adjacent to a
public right-of-way in which a cable is laid or strung,unless:
(1) Access thereto is unavailable;or
(2) The subscriber has not paid the applicable connection fee or monthly
service charge.
f. The Grantee shall provide the means to accept complaint calls twenty-four(24)
hours a day,seven(7)days a week. Inquires and complaint calls shall be accepted
in person between 9:00 a.m. and 5:00 p.m.,seven(7)days a week.
g. Any service complaint from subscribers shall be investigated and acted upon as
soon as possible. Any service complaint shall be resolved within three(3)calendar
days. The Grantee shall credit a subscriber's account on a pro-rate basis for loss of
service commencing forty-eight(48)hours after notification.
h. The Grantee shall keep maintenance service log which will indicate the nature of
each service complaint,its location,the date and time it was received,the
disposition of said complaint,and the time and date thereof. This log shall be made
available for periodic inspection by the City.
i. As subscribers are connected or reconnected to the system,the Grantee shall,by
appropriate means,such as a card or brochure,furnish information concerning the
procedures for making inquiries or complaints,including the name,address,and
local telephone number of the employee or employees or agent to whom such
inquiries or complaints are to be addressed,and furnish information concerning the
City office responsible for administration of the franchise with the address and
telephone number of the office.
j. The Grantee shall provide written notice to each subscriber,at intervals of not more
than one(1)year,of the procedure for reporting and resolving subscriber
complaints,including the subscriber's right to complain in writing to the City of the
Grantee's failure to resolve a service complaint which is preventable and reasonably
within the Grantee's control. The proper address of the city of Grantee to which
complaints may be directed shall be included in such notice.
k. When there have been similar complaints made or where there exists other evidence
which,in the judgment of the City Manager,casts reasonable doubt on the
reliability or quality of the cable service,the City Manager shall have the right to
compel the Grantee to test,analyze,and report on the performance of the system in
order to protect the public against substandard cable service. Such test or tests shall
be made,and the report thereof shall be delivered to the City Manager no later than
THIRTY(30)days after the City Manager notifies the Grantee that he is exercising
such right. Such report shall include the following information:
(1) The nature of the complaints which precipitated the special test;
(2) What system component was tested;
14
existence of the school.
At such a time as any part of the System is capable of providing high speed data
delivery via Cable Modem and makes same commercially available to subscribers or
users within the City,free installation and free service of one(1)Cable Modem.
shall be provided to each school and library.
12
vernment/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
(3) The equipment used and procedures employed in said testing;
(4) The results of such tests;and
(5) The method in which such complaints were resolved.
Any other information pertinent to the special test shall be recorded.
SECTION 13. INSPECTION AND REPORTS
a. The Grantee shall file with the City Clerk a copy of ANY report involving its Grand
Terrace Cable Television System made to the FCC as well,as a copy of ANY report
made to any State agency which in the future may regulate such system.
SECTION 14. EVALUATION SESSIONS
a. The City and the Grantee shall hold scheduled evaluation sessions with thirty(30)
days of the third,sixth,ninth,and twelfth anniversary dates of the granting of this
franchise. All such evaluation sessions shall be open to the public and advertised in
a newspaper of local circulation at least five(5)days before each session. The
sessions shall be held at such place,date,and time and before such body or officer
as the City shall determine. The purpose of the sessions shall be to evaluate the
performance of the Grantee in fulfilling its obligation under this franchise and
quality of its service to the public. Subject for discussion may include,but shall not
be limited to,service rate structure,free or discounted service,application of new
technologies,system performance,services provided,programming offered,
customer complaints,privacy and civil rights,amendments to this Ordinance,
statutes of Congress,and the Legislature and judicial and FCC rulings.
b. The City may hold special evaluation sessions at any time during the term of this
franchise in the event it has reasonable grounds to believe Grantee is not in
compliance with one or more material terms of its franchise. The Grantee shall be
notified of the place,time,and date thereof and the topics to be discussed. Such
sessions shall be open to the public and advertised in a newspaper of local
circulation at least five(5)days before each session.
SECTION 15. REMEDIES FOR FRANCHISE VIOLATIONS
a. In addition to the penalties for delays in construction as specified in this Ordinance,
in the event Grantee violates any material provision of the franchise,provided that
Grantee has not commenced corrective action within thirty(30)days written notice
by certified mail to the General Manager of the Grantee:the City may require the
payment of liquidate damages,not to exceed One Hundred dollars($100)per day or
per incident,for Grantee's individual willful and/or repeated violation of the
franchise or failure to take corrective action with respect to a violation of any
provision of the franchise;
b. In the event the stated violation is not reasonably curable within sixty(60)days,the
franchise will not be terminated or revoked or a penalty imposed if the Grantee
provides,within the said sixty(60)days,a plan,satisfactory to the Grantor,to
remedy the violation and continues to demonstrate good faith in seeking the correct
said violation.
15
itated the special test;
(2) What system component was tested;
14
existence of the school.
At such a time as any part of the System is capable of providing high speed data
delivery via Cable Modem and makes same commercially available to subscribers or
users within the City,free installation and free service of one(1)Cable Modem.
shall be provided to each school and library.
12
vernment/Industry partnerships
coordinated by the Department of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
c. In determining which remedy or remedies for Grantee's violation are appropriate,
the City shall take into consideration the nature of the violation, the nature of the
remedy required in order to prevent further such violations,and such other matters
as the City may deem appropriate,provided,however,that adequate penalties must
be imposed if service is in any way materially lessened,or if any material provision
of this franchise is not complied with.
d. In the event a dispute continues to exist after City has completed its findings with
respect to a franchise violation, City and Grantee agree to submit the matter to
impartial arbitration prior commencing any action to obtain relief through the
judicial process. The arbitration costs shall be borne equally by City and Grantee.
SECTION 16. PROHIBITED ACTIVITIES
a. Whenever,pursuant to the franchise,Grantee shall make available for inspection by
the City or submit to City reports containing information considered proprietary by
the Grantee, City shall not disclose or release such reports or information to the
public without Grantee's prior written consent.
SECTION 17. RIGHTS OF INDIVIDUALS PROTECTED
a. The Grantee shall not deny service,deny access,or otherwise discriminate against
subscribers,programmers,or general citizens on the basis of race,color,religion,
national origin,sex or age. The Grantee shall adhere to the equal employment
opportunity requirements of the FCC,as expressed in Section 76.13 (a)(8)and
76.311 of Chapter 1 of Title 47 of the code of Federal Regulations. The Grantee
shall comply at all times with all other applicable Federal, State,and City laws,and
all executive and administrative orders relating to non-discrimination.
b. Neither the Grantee nor any person,agency,or entity shall,without the subscriber's
consent,tap,or arrange for the tapping,of any cable,line,signal input device,or
subscriber outlet or receiver for any purpose except routine maintenance of the
system,polling with audience participation,or audience viewing surveys to support
advertising research regarding viewers where individual viewer behavior cannot be
identified
c. In the conduct of providing its services or pursuit of any collateral commercial
enterprise resulting therefrom, Grantee shall take any and all necessary action to
prevent an invasion of a subscriber's or general citizen's right to privacy or other
personal rights as such rights are delimited and defined by applicable law. Grantee
shall not without lawful court order or other applicable valid legal authority utilize
the system's interactive two-way equipment or capability for unauthorized personal
surveillance of any subscriber or general citizen.
d. No cable line,wire,amplifier,converter,or other piece of equipment owned by
Grantee shall be installed by Grantee without first securing the written permission
of the owner of any property involved or subscriber occupying said property;
provided,however,that where the property owner has granted an easement or a
servitude to another and the servitude by its terms contemplates uses such as the
Grantee intended use,Grantee shall not be required to secure the written permission
of the owner or subscriber occupying said property for the installation of cable
television equipment or facilities unless Grantee elects to do so. If permission is
later revoked,whether by the original or a subsequent owner,the Grantee shall
16
of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
remove forthwith any of its equipment which is visible and moveable and promptly
restore the property to its original condition.
e. The Grantee shall not sell or otherwise make available lists of the names and
addresses of subscribers,or any list which identifies,by name,subscriber viewing
habits,or personalized data pertaining to a subscriber's use of any of Grantee's
services without the consent,express or implied,of the subscriber to which the
personalized data pertains.For purposes of this Section,"personalized data"shall
mean the name and address of an individual subscriber directly associated with data
obtained on his or her use of specific services provided by or through the Grantee.
Nothing herein shall be construed to prevent,as a normal incident of commercial
enterprises,the same or availability of"non-personalized"or"aggregated data"
which is not personalized data as defined herein.
f. Grantee shall be required to provide service to individual units of a multiple
housing facility with all services offered to other dwelling units within the City,so
long as the owner of the facility consents in writing,if required by Grantee,to the
following:
(1) To Grantee's providing of the service to units of the facility;
(2) To reasonable conditions and times for installation,maintenance,and
inspection of the system on the facility premises;
(3) To reasonable conditions promulgated by Grantee to protect Grantee's
equipment and to encourage widespread use of the system.
SECTIION 18. TERMINATION
a. Revocation-In additional to any rights set out elsewhere in this document,the
City reserves the right to revoke the franchise,and all rights and privileges
pertaining thereto,in the event that:
(1) The Grantee willfully or repeatedly violates any material provision of the
franchise;or
(2) The Grantee's construction schedule is delayed for over 10 months;or
(3) Subject to the provisions of this Ordinance,the Grantee becomes insolvent,
is involuntarily adjudged as bankrupt,or files a voluntary petition for relief
under the Bankruptcy Act;or
(4) The Grantee is adjudged to have practiced any fraud or deceit upon the
City and such judgment becomes final after all appeals are exhausted
according to law
Upon failure of the Grantee to comply with the terms of the franchise or to
commence appropriate corrective action within sixty(60)days after receiving
written notice by certified mail to the General Manager of the Grantee of such
noncompliance from the City,the City may hold a public hearing to consider the
option of revocation of the franchise: The City shall give the Grantee at least thirty
•(30)days advance written notice of such hearing and shall also publish such notice
in advance in a newspaper with local circulation, If,after such hearing,at which
Grantee shall be afforded all due process of law including the right to appear and be
17
bscriber occupying said property;
provided,however,that where the property owner has granted an easement or a
servitude to another and the servitude by its terms contemplates uses such as the
Grantee intended use,Grantee shall not be required to secure the written permission
of the owner or subscriber occupying said property for the installation of cable
television equipment or facilities unless Grantee elects to do so. If permission is
later revoked,whether by the original or a subsequent owner,the Grantee shall
16
of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
heard,the City shall determine that the franchise should be revoked, City must
advise the Grantee of its decision in writing and may by ordinance declare a
forfeiture,whereupon all rights of the holders of the franchise shall immediately be
divested without a further act upon the part of the City,and the Grantee may
remove its structure or property from the streets and restore the streets to such
condition as the City may reasonably require.
b. The City shall have the right to revoke the franchise one hundred and twenty(120)
days after the appointment of a receiver,or trustee,to take over and conduct the
business of the Grantee,whether in receivership,reorgar►i7ation,bankruptcy,or
other action or proceeding,unless such receivership or trusteeship shall have been
vacated prior to the expiration of said one hundred and twenty(120)days,or unless:
(1) Within one hundred and twenty(120)days after his election or
appointment,such receiver or trustee shall have fully complied with all the
provisions of the franchise and remedied all defaults thereunder;and
(2) Such receiver or trustee,within said one hundred and twenty(120)days,
shall have executed an agreement,duly approved by the court having
jurisdiction in the premises,whereby such receiver or trustee assumes and
agrees to be bound by each and every provision of the franchise.
SECTION 19. RIGHT TO PURCHASE SYSTEM
The Cify may in any lawful manner and upon the payment of a fair valuation lawfully
ascertained and agreed to by Grantee,purchase,the property and plant of the Grantee if
such purchase or taking over be upon revocation of the franchise or at the expiration of
the term of the franchise,such valuation shall not include any sum for the value of the
franchise and such plant and property shall be valued according to its appraised fair
market value.
In the event the City shall terminate the franchise pursuant to the provisions of Section
20,Paragraph c,of this Ordinance,it shall reimburse Grantee for the appraised fair
market value of the system,including both tangible and intangible assets.
SECTION 20. SEPARABILITY
a. Notwithstanding any other provisions of this franchise to the contrary,Grantee shall
at all times comply with all laws and regulations of the general applicability
promulgated by State and Federal governments or any administrative agency
thereof.
b. If any Section,subsection,sentence,clause,phrase,or word of this franchise is for
any reason held invalid or unconstitutional by any court or governmental body of
competent jurisdiction,such Section,subsection,sentence,clause,phrase,or word
shall be deemed a separate,distinct,and independent provision,and such holding
shall not affect validity of the remaining provisions hereof.
c. Should the State of California,the FCC,or any other agency of the Federal
government subsequently require the Grantee to perform or cease to perform any act
which is inconsistent with any provisions of the franchise,the Grantee shall so
notify the City. Upon receipt of such notification,the City shall determine if a
material provision of the franchise is affected. Upon such determination,the City
shall have the right to modify or amend any of the Sections of the franchise to such
18
elevision equipment or facilities unless Grantee elects to do so. If permission is
later revoked,whether by the original or a subsequent owner,the Grantee shall
16
of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
reasonable extent as may be necessary to carry out the full intent and purpose of the
franchise.
SECTION 21. FORCE MAJEURE: GRANTEE'S INABILITY TO PERFORM
In the event Grantee's performance of any of the terms,conditions,obligations,or
requirements of this franchise is prevented or impaired due to any cause beyond its
reasonable control or not reasonably foreseeable,such inability to perform shall be
deemed to be excused,an no penalties or sanctions shall be imposed as a result thereof.
Such causes beyond Grantee's reasonable control or not shall include,but shall not be
limited to,acts of God,civil emergencies,and labor unrest or strikes.
SECTION 22. EFFECTIVE DATE
This Ordinance shall take effect thirty(30)days after its adoption.
SECTION 23. POSTING
The City Clerk shall cause this Ordinance to be posted in three(3)public places
designated for such purpose by the City Council.
SECTION 24.
First introduced and read at a regular meeting of the City Council of said City held on
September 23, 1999 and finally adopted and ordered posted at a regular
meeting of said City Council on the October 14, , 19::)99.
ATTEST:
•
ity Clerk of the City of Gr d or of the City of Grand errace
Terrace and of the City Council and of the City Council thereof
Thereof.
Approved as to form:
Ja
City Attorney
19
N 19. RIGHT TO PURCHASE SYSTEM
The Cify may in any lawful manner and upon the payment of a fair valuation lawfully
ascertained and agreed to by Grantee,purchase,the property and plant of the Grantee if
such purchase or taking over be upon revocation of the franchise or at the expiration of
the term of the franchise,such valuation shall not include any sum for the value of the
franchise and such plant and property shall be valued according to its appraised fair
market value.
In the event the City shall terminate the franchise pursuant to the provisions of Section
20,Paragraph c,of this Ordinance,it shall reimburse Grantee for the appraised fair
market value of the system,including both tangible and intangible assets.
SECTION 20. SEPARABILITY
a. Notwithstanding any other provisions of this franchise to the contrary,Grantee shall
at all times comply with all laws and regulations of the general applicability
promulgated by State and Federal governments or any administrative agency
thereof.
b. If any Section,subsection,sentence,clause,phrase,or word of this franchise is for
any reason held invalid or unconstitutional by any court or governmental body of
competent jurisdiction,such Section,subsection,sentence,clause,phrase,or word
shall be deemed a separate,distinct,and independent provision,and such holding
shall not affect validity of the remaining provisions hereof.
c. Should the State of California,the FCC,or any other agency of the Federal
government subsequently require the Grantee to perform or cease to perform any act
which is inconsistent with any provisions of the franchise,the Grantee shall so
notify the City. Upon receipt of such notification,the City shall determine if a
material provision of the franchise is affected. Upon such determination,the City
shall have the right to modify or amend any of the Sections of the franchise to such
18
elevision equipment or facilities unless Grantee elects to do so. If permission is
later revoked,whether by the original or a subsequent owner,the Grantee shall
16
of Energy to expand the use of alternatives to gasoline and
diesel fuel. Local decision makers from both the public and private sectors work as volunteer
Community and Economic Development Department 3 Initial Study and
Environmental
Analysis
e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions
Staggered Work Hours of air pollutants. TCA1s are specifically called for under
A method to reduce traffic the AQAMP
congestion during the peak rush hours, by staggering
the work start time for employees.
Transportation Demand Management (TDM) - A pro-
gram of specific measures designed to encourage alter
STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce
transportation demand Such measures include carpool
the growth and resources in the region
and will contain policies and guidelines for local and
l subregional planning programs.
ORDINANCE NO. 188
I, Brenda Stanfill, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing
Ordinance was introduced and adopted at a regular meeting of the City Council of the City of
Grand Terrace held on the 14th day of October, 1999, by the following vote:
AYES: Councilmembers Hilkey, Garcia, and Larkin; Mayor Pro Tem Buchanan; Mayor
Matteson
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
10833,21093,21094,21151;Sunstrom v.
County of Mendocino,202 Cal.App.3d 296(1984 Le000ff v.Monterey Board of Supervisors,22 CaLApp.3d 1337(1990)
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Community and Economic Development Department 19 Initial Study and
Environmental
Analysis
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