HomeMy WebLinkAbout1153 - Community Antenna Television Systemsd.
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ORDINANCE NO..
AN ORDINANCE OF THE CITY
CHAPTER 9.5 TO ARTICLE V
MUNICIPAL CODE PROVIDING
• USE OF COMMUNITY ANTENNA
SETTING FORTH CONDITIONS
OF FRANCHISE
Il5 3
OF NEWPORT BEACH ADDING
I OF THE NEWPORT BEACH
FOR CITY REGULATION AND
TELEVISION SYSTEMS, AND
ACCOMPANYING THE GRANT
The City Council of the City of Newport Beach does ordain
as follows;
SECTION 1. Chapter 9.5 is added to Article VI of the
Newport Beach Municipal Code to read;
"Chapter 9.5
COMMUNITY ANTENNA TELEVISION
SECTION 6950. Definitions. For the purpose of this
chapter, the following terms, phrases, words and their deri-
vations shall have the meaning given herein. When not
inconsistent with the context, words used in the present
tense include the future, 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.
(1) 'City' shall mean the City of Newport Beach, Cali-
fornia, in its present incorporated form or in any later
recognized, consolidated, enlarged or reincorporated form.
(2) 'Council' shall mean the present governing body
of the City, or any future board constituting the legislative•
body of the City.
(3) 'Person' shall mean, any individual, firm, partner-
ship, association, corporation, company or organization of
any kind.
(4) 'Grantee' shall mean the person,-firm or corporation
to whom or which a franchise under this chapter is granted by
the Council, and the lawful successor or assignee of said
person, firm or corporation.
(5) 'Community Antenna Television System' or 'CATV' shall
mean a system of antennae, coaxial cables, wave guides, poles,
• p'
wires, underground conduits, manholes and other conductors,
equipment or facilities designed, constructed or used for the
purpose of providing television, radio or other service by
. cable or through its facilities as herein contemplated. 'CATV'
shall not mean or include the transmission of any special pro-
gram or event for which a separate and distinct charge is made
to the subscriber in the manner commonly known and referred to
as 'pay television'
(6) 'Subscribers' shall mean any person or entity receiv-
ing for any purpose the CATV service of the grantee herein.
(7) 'Gross annual receipts' shall mean any and all compen-
sation in the form of gross rental and /or service receipts,
including initial installation charges, received directly or
indirectly from subscribers or users in payment for CATV
services received within the City.
Gross annual receipts shall not include any taxes on
services furnished by the grantee imposed directly on any
subscriber or user by any city, state or other governmental
unit and collected by the grantee for such governmental unit.
SECTION 6951. Franchise to Operate. A franchise to
construct, operate and maintain a community antenna television
system within all or any portion of the incorporated area of
the City of Newport Beach may be granted by the Council to any
person, firm or corporation,whether operating under an existing
franchise or not, offering to furnish and provide such system
pursuant to the terms and provisions of this chapter. Such a
franchise shall not be exclusive, and the City reserves the
right to grant a similar franchise to any person at any time.
No provision of this chapter may be 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 or to refrain from granting any franchise at
that time.
2.
SECTION 6952. Uses. Permitted. Any franchise granted pur-
suant to the provisions of this chapter shall authorize and per-
mit the grantee to engage in the business of operating and pro-
. viding a CATV system in the City of Newport Beach and for that
purpose to erect, install, construct, operate, repair, replace,
reconstruct, maintain and retain in, on, over, under, upon,
across and along any public highway, street, alley, public way
or public place, such poles, wires, cable, conductors, ducts,
conduits, 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 on properties rented or leased from other
persons, firms or corporations including, but not limited to,
a public utility or other grantee franchised or permitted to
do business in the City of Newport Beach.
The grantee shall have the authority to promulgate such
rules, regulations, terms and conditions governing the conduct
• of its business as shall be reasonably necessary to enable it
to exercise its rights and perform its obligations under the
franchise, and to insure an uninterrupted service to each and
all of its customers; provided, however, that such rules, regu-
lations, terms and conditions shall not be in conflict with the
provisions hereof or of the laws of the City of Newport Beach,
the State of California or the United States of America.
The grantee shall have authority to trim trees upon and
overhanging streets, alleys, sidewalks and public places of
the City so as to prevent the branches of such trees from com-
ing in contact with the wires and cables of grantee, all
trimming to be done under the supervision and direction of the
City and at the expense of grantee.
• The grantee may make a charge to subscribers for connection
to its CATV system and a fixed monthly charge, both as filed and
approved as herein provided. Rates charged by the grantee for
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•
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service hereunder shall be fair and reasonable and designed to
meet all necessary costs of the service, including a fair rate
of return on the net valuation of its properties devoted
thereto, under efficient and economical management. For
unusual circumstances, such as underground cable required, or
more than 150 feet of distance from cable to connection of
service to subscribers, an additional installation charge over
that normally charged for installation as specified in the
applicant's proposal may be charged, with easements to be
supplied by subscribers. For remote, relatively inaccessible
subscribers within the City, service will be made available on
the basis of cost of materials, labor, and easements if
required. Rates to be charged by the grantee to subscribers
for installation and services shall be approved by the City
Council when the franchise is granted, and may not be increased
without prior approval by the City Council, Said rate changes
shall not be initiated by the City Council.
SECTION 6953. Duration of Franchise. Any franchise,
granted by the City Council pursuant to this chapter, shall, be
for a term of fifteen (15) years following the date of accept7
ance of such franchise by the grantee or renewal thereof. Any
such franchise may be terminated prior to its date of expir-
ation by the City Council in the event that said Council shall
have found, after thirty (30) days notice of proposed termina-
tion 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 its franchise or
permit issued under this chapter; 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 property of grantee.
SECTION 6954. Franchise Payment. Any grantee granted a
franchise under this chapter shall pay annually to the City,
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during the life of such franchise, and at times hereinafter
specified, a sum equal to three per cent (3 %) of the gross
annual receipts of the grantee.
The grantee shall file with the City, within thirty (30)
days after the expiration of any calendar year during which
such franchise is in force, ,a financial statement prepared by
a certified public accountant showing in detail the gross annual
receipts, as defined herein, of grantee, its successors and
assigns, during the preceding calendar year. It shall be the
duty of grantee to pay to the City, within ten (10) days after
the time for filing such statement, any unpaid balance for the
calendar year covered by such statement.
In the event that the above payment is not received by the
City within the specified time, grantee shall pay to the City a
penalty of two per cent (2 %) per month on the unpaid balance in
addition thereto.
In any year or portion thereof commencing at the conclusion
of the first year that service is provided during which payments
to grantee for installation and services amount to less than
fifteen hundred dollars ($1500) per month, grantee shall pay
to the City a minimum amount of twenty -five dollars ($25) per
month.
The right is reserved to the City of audit and recomputa-
tion of any and all amounts paid under this chapter, and 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 obligation thereunder.
In the event of any holding over after expiration or
other termination of said franchise, without the consent of the
City, the grantee shall pay to the City damages of not less
than twenty per cent (20 %) of its gross profits during said
period.
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SECTION 6955. Limitations of Franchise.
(a) No privilege or exemption shall be granted or con-
ferred by a franchise granted pursuant to this chapter except
those specifically prescribed herein.
(b) The grantee is subject to all requirements of the
ordinances, rules, regulations, fees and specifications of the
City heretofore or hereafter enacted or established, including,
but not limited to, those concerning street work, street exca-
vation, use, removal, and relocation of property within a
street, and other street work.
(c) All transmission and distribution structures, lines
and equipment of the grantee within the City shall be so located
as to cause minimum interference with the proper use of streets,
alleys and other public ways and places, and to cause minimum
interference with the rights or reasonable convenience of
property owners who adjoin any of the said streets, alleys or
other public ways and places.
(d) In case of any disturbance of pavement, sidewalk,
driveway or other surfacing, the grantee shall, at its own cost
and expense and in a manner approved by the Public Works Depart-
ment of the City, replace and restore all paving, sidewalk,
driveway or surface of any street or alley disturbed, in as good
condition as before said work was commenced and shall maintain
the restoration in an approved condition for the duration of
the franchise.
(e) The grantee shall, at its expense, protect, support,
temporarily disconnect, relocate or remove from any public
street, alley or other public way, any property of the grantee
when required by the Director of Public Works of the City 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,
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power lines, signal lines, and tracks or any other type of
structures or improvements by governmental agencies when act-
ing in a governmental or proprietary capacity, or any other
• structures or public improvements; provided, however, the
grantee shall in all cases have the privileges and be subject
to the obligations to abandon any property of the grantee in
place, as provided in Section 6959 hereof.
(f) Whenever it is necessary to shut off or interrupt
service for the purpose of making repairs, adjustments, alter-
ations or installations, the grantee shall do so at such time
as will cause the least amount of inconvenience to its customers -
and unless such interruption is unforeseen and immediately
necessary, it shall give reasonable notice thereof to its
customers.
(g) Any such franchise shall be a privilege to be held in
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, merger, con-
solidation or otherwise, without prior consent of the Council
expressed by resolution, and then only under such conditions
as may be therein prescribed. The grantee shall file with the
Council within thirty (30) days after any sale, transfer,
assignment, or lease of the franchise or any part thereof, or
any of the rights or privileges granted thereby, written evi-
dence of the transaction certified to by the grantee or its duly
authorized officers. The proposed assignee must shown financial
responsibility and must agree to comply with all provisions of
this chapter. No such consent shall be required for a transfer
in trust, mortgage or other hypothecation as a whole, to secure
an indebtedness.
(h) Time shall be of the essence of any such franchise
granted. The grantee shall not be relieved of his obligation tc
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comply promptly with any of the provisions of this chapter by
failure of the City to enforce prompt. compliance.
(i) Any right or power in, or duty impressed upon any
department or board of the City.
(j) The grantee shall have no recourse whatsoever
against the City for any loss, cost, expense or damage arising
out of any provisions or requirements of this chapter or its
enforcement.
(k) 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 main-
taining poles in streets.
(1) 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 by 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, oper-
ation and maintenance by any grantee of any CATV system in the
City shall be, and shall be deemed and construed in all instan-
ces 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, in lieu of all of which is
and shall be granted any franchise hereunder,
SECTION 6956. Rights Reserved to the City,
(a) No franchise granted under this chapter in any way
impairs or affects the right of the City to acquire the property
of the grantee by purchase or condemnation,
[E
officer,
employee,
department
or board of
the City
shall be sub-
ject to
transfer by
the City
to any other
officer,
employee,
department or board of the City.
(j) The grantee shall have no recourse whatsoever
against the City for any loss, cost, expense or damage arising
out of any provisions or requirements of this chapter or its
enforcement.
(k) 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 main-
taining poles in streets.
(1) 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 by 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, oper-
ation and maintenance by any grantee of any CATV system in the
City shall be, and shall be deemed and construed in all instan-
ces 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, in lieu of all of which is
and shall be granted any franchise hereunder,
SECTION 6956. Rights Reserved to the City,
(a) No franchise granted under this chapter in any way
impairs or affects the right of the City to acquire the property
of the grantee by purchase or condemnation,
[E
(b) No franchise granted under this chapter shall ever be
given any value before any court or other public authority in
any proceeding of any character in excess of the cost to the
• grantee of the necessary publication and any other sum paid by
it to the City therefor at the time of acquisition.
(c) There is hereby reserved to the City every right and
power which is required to be herein reserved or provided by
any ordinance or resolution 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.
(d) Neither the granting of a franchise hereunder nor
any of the provisions contained herein shall be construed to
prevent the City from granting any identical, or similar, fran-
chise to any other person, firm or corporation, either within
or without the designated area of the franchise.
• (e) The City 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 issued under the pro-
visions of this chapter.
The City Manager of the City of Newport Beach 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 dis-
satisfied with the decision of the City Manager may appeal the
matter to the Council for hearing and determination. 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.
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SECTION 6957. Permi�'.sL Installation and Service.
(a) Within thirty (30) days after acceptance of any fran-
chise 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 util-
ity 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.
(b) Within ninety (90) days after obtaining all necessary
permits, licenses and authorizations, grantee shall commence con-
struction and installation of the CATV system.
(c) Within ninety (90) days after the commencement of con-
struction and installation of the system, grantee shall proceed
to render service to the subscribers, and the completion of the
construction and installation shall be pursued with reasonable
diligence thereafter.
(d) Failure to do any of the foregoing shall be grounds
for termination of the franchise.
(e) The City Manager may extend the time for obtaining
necessary permits and authorizations and for beginning construc-
tion and installation for additional periods in the event the
grantee, acting in good faith, experiences delays by reason of
circumstances beyond his control.
SECTION 6958. Location of Grantee °s Properties,
(a) Any poles, wires, cable lines, conduits, or other
properties of the grantee to be constructed or installed in
streets, alleys or other public places shall be so constructed
or installed only at such locations and in such manner as shall
be approved by the Director of Public Works of the City acting
in the exercise of his reasonable discretion.
(b) The grantee shall not install or erect any facilities
or apparatus on public property or rights -of -way within the
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City, except those installed or erected upon public utility
facilities now existing, without written approval of the Dir-
ector of Public Works of the City.
•
(c) In those areas'and portions of the City where both
the transmission and distribution facilities of 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. 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 of the City.
SECTION 6959. Removal or 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
aof
three (3) months, or in the event such system or property
has been installed in any street, alley or public place with-
out complying with the requirements of its franchise or ordi-
nance, or the franchise has been terminated, cancelled or has
expired, the grantee shall promptly, upon being given thirty
(30) days' notice, remove from the streets, alleys 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 such place. In the event of any such removal, the
grantee shall promptly restore the street, alley or other area
from which such property has been removed, to a condition sat-
isfactory to the Director of Public Works.
(b) Any property of the grantee remaining in place ninety
(90) days after the termination of the franchise shall be con-
sidered permanently abandoned, The City Manager may extend
such time not to exceed an additional thirty (30) days.
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(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 City Council an instrument,
to be approved by the City Attorney, transferring to the City
the ownership of such property._
SECTION 6964. Failure to Perform street Work. Upon fail-
ure 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, alley or other public places
within the time prescribed, and to the satisfaction of the Dir-
ector.of.Public Works, the City Manager 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 City Man-
ager to the grantee within ten (10) days after receipt of such
itemized report.
SECTION 6961. Faithful Performance Bond.
(a) The grantee-shall, concurrently with the filing of an
acceptance of = jaward of the 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 renewal
thereof, at grantee's sole expense, a corporate surety bond in
a company approved by, and in a form to be approved by, the City
Attorney, in the amount of twenty -five thousand dollars
renewable annually, and conditioned,;upon.the faithful perform-
ance of grantee, and upon the further condition that in the event
grantee shall fail to comply with any one or more of the provis'-.
ions of this chapter or of the 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
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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 or 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 by the
grantee or from its exercise of any privilege therein granted.
The bond shall provide that thirty (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 thereto, 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,
• SECTION 6962. Indemnification of the City.
(a) The grantee shall, at all times during the existence
of any franchise issued hereunder, maintain in full force and
effect, furnish to the City, and file with the City Clerk, at its
own cost and expense, a general comprehensive liability insur-
ance policy, in protection of the City, its officers, boards,
commissions, agents and employees, in a company approved by the
City Manager and in a form satisfactory to the City Manager,
protecting the City and all persons against liability for loss
or damage for personal injury, death and property damage, occas-
ioned by the operations of grantee under such franchise, with
minimum combined single limits of liability coverage in the
amount of one million dollars ($1,000,000) for personal injury
or death of any person, or damage to property resulting from
any occurrence.
13,
(b) The policies mentioned in the foregoing paragraph
shall name the City, its officers, boards, commissions, agents
and employees, as additional insured and shall contain a pro-
vision that a written notice of any cancellation, modification
0 or reduction in coverage of said policy shall be delivered to
-he City Clerk thirty (30) days in advance of the effective date
thereof; if such insurance is provided in either case by a pol-
icy 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.
(c) No franchise granted under this chapter shall be
effective unless and until each of the foregoing policies of
insurance as required in this section has been delivered to the
City Clerk,
SECTION 6963. Inspection of Property and Records.
(a) At all reasonable times, the grantee shall permit any
duly authorized representative of the City to examine all prop-
erty 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 main-
tained by the grantee or under its control which deal with the
operations, affairs, transactions or property of the grantee
with respect thereto. If any of such maps or records are not
kept in the City, or upon reasonable request made available in
the City, and if the City Manager shall determine that an exam-
ination 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
Manager and /or the Director of Finance 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 perform-
ance of any of the rights, functions or duties of the City or
any of its officers in connection with the franchise.
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(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
0 streets, alleys and public places in the City. The grantee
shall file with the Director of Public Works, on or before the
last day in March of each year, a current set of maps drawn to
scale showing all CATV system equipment installed and in place
in streets, alleys and other public places of the City during
the previous year.
SECTION 6964. Operational Standards. The CATV system
shall be installed and maintained in accordance with the high-
est and best accepted standards of the industry to the effect
that subscribers shall receive the highest possible service.
In determining the satisfactory extent of such standards the
following shall be considered;
(a) The system shall be installed using all band equip-
ment capable of passing the entire VHF and FM spectrum, and it
shall have the further capability of converting UHF for dis=
tribution to subscribers on the VHF band,
(b) The system, as installed, shall be capable of pass-
ing standard color TV signals without the introduction of mater-
ial degrac':r:;ion on color fidelity and intelligence.
(c) The system and all equipment shall be designed and
rated for 24 -hof.�i per day continuous operation.
(d) The system shall provide a signal level of 2000
microvolts at the input terminals of; each TV receiver.
(e) The system signal -to -noise rate shall be not less
than 46 decibels.
(f) Hum modulation of the picture signal shall be less
than 5 %.
(g) The system shall use components having a VSWR of
1.4 or less.
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SECTION 6965. Miscellaneous Provisions.
(a) All matters herein provided to be filed with the City
shall be filed with the City Clerk.
• (b) The rate schedule for any connection fee or monthly
service charge, or change thereto, to subscribers must have
written approval of the City Council.
(c) The grantee must pay to the City a sum of money
sufficient to reimburse it for expenses incurred by it in
publishing legal notice and ordinances in connection with the
granting of a franchise pursuant to the provisions of this
chapter; such payment to be made within thirty (30) days after
the City shall furnish such grantee with a written statement of
such expense.
(d) The grantee shall maintain a toll free telephone number
within the City of Newport Beach so that CATV maintenance service
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shall be promptly available to subscribers.
(e) No person, firm or corporation in the existing service
•
area of grantee shall be arbitrarily refused service; provided,
however, that grantee shall not be required to provide service
to any subscriber who does not pay the applicable connection
fee or the applicable monthly service charge.
(f) The City Council may, upon finding that extraordinary
circumstances applying to the land, buildings or CATV system do
exist, waive any or all of the requirements of this chapter.
(g) Any CATV system existing in the City prior to the
adoption of this chapter shall, within sixty (60) days after
the effective date of this chapter make application for a
franchise. Said system may continue its existing operations,
but may not enlarge or expand same without first securing a
franchise from the City.
•
SECTION 6966. Application for Franchise.
(a) Application for a franchise hereunder shall be filed
with the City Clerk in a form approved by the City and shall
contain the following information:
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(1) The name and address of applicant.
(2) A general description of applicant's proposed
CATV operation, including a tentative map of areas to be served.
(3) A statement or schedule in a form approved by the
City of proposed rates and charges to subscribers for install-
ation and services, and a copy of proposed service agreement
between the grantee and its subscribers shall accompany the
application.
(4) A copy of any contract or permit, 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.
(5) A statement of the organization of applicant,
including the names and addresses of its officers, directors and
associates, and also including the names of subsidiary companies
with a listing of other areas being served by CATV or similar
• systems. If a franchise is granted to a person, firm, group or
corporation posing as a front or representative for another
person, firm, group, or corporation, and such information is
not disclosed in the original application, such franchise may
be revoked by the City Council.
(6) Applicant shall also furnish a financial state-
ment as to the company's or corporation's financial ability
to complete installation and operation of the CATV system.
(7) Upon consideration of any such application, the
City Council may grant a franchise for CATV to such applicant
as may appear from said application to be in its opinion qual-
ified to render proper and efficient CATV service to tele-
vision viewers and subscribers in the City. If favorably con-
sidered, the application submitted shall constitute and form a
• part of the franchise as granted.
(8) Prior to the granting of a franchise pursuant to
this chapter, the Council shall pass a resolution declaring
its intention to grant the same, stating the name of the pro -
17.
GDRoaem
3/4/66
posed grantee, the character of the franchise and the terms and
conditions upon which it is proposed to be granted. Such
resolution shall fix and set forth the day, hour and place
and be heard thereon. It shall direct the City Clerk to pub-
lish said resolution at least once within fifteen (15) days of
the passage thereof in the official newspaper. Said notice
shall be published at least ten (10) days prior to the date of
hearing. At the time set for the hearing the Council shall pro-
ceed to hear and pass upon all protests and its decision thereon
shall be final and conclusive. Thereafter it may by ordinance
grant the franchise on the terms and conditions specified in
the resolution of intention to grant same, subject to the right
of referendum of the people, or it may deny the same. If the
Council shall determine that changes should be made in the terms
and conditions upon which the franchise is proposed to be
• granted, a new resolution of intention shall be adopted and like
proceedings had thereon.
(9) Any franchise issued pursuant to this chapter
shall include the following conditions
BThe CATV system herein franchised shall be used
and operated solely and exclusively for the
purpose expressly authorized by ordinance of the
City of Newport Beach and no other purpose whatsoever.'
The 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,
10 SECTION 6967, Franchise ReneKalo Any .franchise granted
under this chapter is renewable at the application of the
grantee, its lawful successors or assignee for such period of
18.
when and where any persons
having
any
interest therein
or any
objection to the granting
thereof
may
appear before the
Council
and be heard thereon. It shall direct the City Clerk to pub-
lish said resolution at least once within fifteen (15) days of
the passage thereof in the official newspaper. Said notice
shall be published at least ten (10) days prior to the date of
hearing. At the time set for the hearing the Council shall pro-
ceed to hear and pass upon all protests and its decision thereon
shall be final and conclusive. Thereafter it may by ordinance
grant the franchise on the terms and conditions specified in
the resolution of intention to grant same, subject to the right
of referendum of the people, or it may deny the same. If the
Council shall determine that changes should be made in the terms
and conditions upon which the franchise is proposed to be
• granted, a new resolution of intention shall be adopted and like
proceedings had thereon.
(9) Any franchise issued pursuant to this chapter
shall include the following conditions
BThe CATV system herein franchised shall be used
and operated solely and exclusively for the
purpose expressly authorized by ordinance of the
City of Newport Beach and no other purpose whatsoever.'
The 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,
10 SECTION 6967, Franchise ReneKalo Any .franchise granted
under this chapter is renewable at the application of the
grantee, its lawful successors or assignee for such period of
18.
GDR. aem
3/4/66
time as the Council and the applicant may agree upon by
negotiation.
SECTION 6968. Violations.
(a) It shall be unlawful for any person, firm or corpor-
ation to make any unauthorized connection in physical contact
with any part of a franchised CATV system within this City for
the purpose of taking or receiving or enabling himself or others
to receive any television signals, radio signals, pictures,
programs or sound.
(b) It shall be unlawful for any person, without the con-
sent 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.
(c) From and after the effective date of this chapter,
it shall be unlawful for any person to construct, install or
maintain within any public street 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 ptoposed 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
Sri.'•.
area has first been obtained pursuant to the provisions of
this chapter and unless such franchise is in full force and
effect."
SECTION 2. This ordinaiite shall be published once in
the official newspaper of the City, and the same shall be effective
30 days after the date of its adoption.
This ordinance was introduced at a regular meeting of the
• City Council of the City of Newport Beach held on the ,2M day of
/� /nf 1966, and was adopted on the / /6Q day
of IlilaJ.. X, 1966, by the following vote, to wit:
19.
•
ATTEST.
0
City Clerk
AYES, COUNCILMEN.
NOES, COUNCILMEN;
ABSENT COUNCILMEN.
20.
May ®r