HomeMy Public PortalAbout69-75 CITY OF CARSON
ORDINANCE NO. 69-75
AN ORDINANCE OF THE CITY OF CARSON PROVIDING FOR THE
GRANTING OF FRANCHISES FOR COMMUNITY ANTENNA
TELEVISION SYSTEMS; PROVIDING TERMS AND CONDITIONS FOR
THE OPERATION OF SUCH COMMUNITY ANTENNA TELEVISION
SYSTEMS AND FEES THEREFOR; AND ADDING CHAPTER 6 OF
ARTICLE VI TO THE CARSON MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS:
Section I . Chapter 6 of Article VI is added to the Carson Municipal
Code to read:
CHAPTER 6 - COMMUNITY ANTENNA TELEVISION
SYSTEMS FRANCHISES
6600. Definitions. For the purposes of this chapter, the following terms,
phrases, words, abbreviations and their derivations shall have the meaning 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.
(a) City. "City" shall mean the City of Carson, a municipal
corporation of the State of California, in its present
incorporated form or in any later reorganized, consolidated,
enlarged or re-incorporated form.
(b) Council. "Council" shall mean the present governing
body of the City or any future board constituting the legislative
body of the City.
(c) Franchise. "Franchise" shall mean and include any
authorization granted hereunder in terms of a franchise, privilege,
permit, license, or otherwise to construct, operate and maintain
a CATV system in the City. Any such authorization, in whatever
term granted, shall not mean and include any license or permit
required for the privilege of transacting and carrying on a
business within the City in accordance with Ordinance No. 2,
entitled "Carson Municipal Code. "
(d) Grantee. "Grantee" shall mean the person, firm or corporation
to whom or which a franchise, as hereinabove defined, is granted
by the Council under this chapter, and the lawful successor,
transferee or assignee of said person, firm or corporation.
(e) Street. "Street" shall mean the surface of and the space above
and below any public street, road, highway, freeway, lane,
t path, alley, court, sidewalk, parkway or drive, now or
hereafter existing as such within the City.
Ord. No. 69-75/P.2 of 14
(f) Property of Grantee. "Property of grantee" shall mean all property
owned, installed or used by a grantee in the conduct of a CATV
business in the City under the authority of a franchise granted
pursuant to this chapter.
(g) CATV. "CATV" shall mean a community antenna television system
as hereinafter defined.
(h) Community Antenna Television System. "Community antenna
television system" shall mean a system of antenna, coaxial cables,
wires, wave guides or other conductors, equipment or facilities
designed, constructed or used for the purpose of providing television
or FM radio service by cable or through its facilities as herein contem-
plated. CATV shall not mean or include the transmission of any special
program or event for which a separate and distinct charge is made to
the subscriber in the manner commonly known and referred to as "pay
television".
(i) Subscriber. "Subscriber" shall mean any person or entity receiving
for any purpose the CATV service of a grantee.
(j) Gross Annual Receipts. "Gross Annual receipts" shall mean any
and all compensation and other consideration in any form whatever
and any contributing grant or subsidy received directly or indirectly
by a grantee from subscribers or users in payment for television or FM
radio signals or service received within the City.
Gross annual receipts shall not include installation or line extension
charges or 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.
6601 . Exclusive Use of Telephone Facilities. When and in the event that
the grantee of any franchise granted hereunder constructs, operates and maintains a CATV
system exclusively through telephone company facilities constructed, operated and maintained
pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event
during the life of such franchise shall the grantee make any use of the streets independently
of such telephone company facilities, said grantee shall be required to comply with all of the
provisions hereof as a "licensee", and in such event whenever the term "grantee" is used
herein, it shall be deemed to mean and include "licensee".
6602. Franchise to Operate. A nonexclusive franchise to construct, operate
and maintain a CATV system within all or any portion of the City may be granted by the Council
to any person, firm or corporation, whether operating under an existing franchise orrnt, who
or which offers to furnish and provide such system under and pursuant to the terms and
provisions of this chapter.
No provision of this chapter may be deemed or construed as to require the
granting of a franchise when in the opinion of the Council it is in the public interest to restrict
the number of grantees to one or more.
Ord. No. 69-75/P.2 of 14
(f) Property of Grantee. "Property of grantee" shall mean all
property owned, installed or used by a grantee in the conduct
of a CATV business in the City under the authority of a
franchise granted pursuant to this chapter.
(g) CATV. "CATV" shall mean a community antenna television
system as hereinafter defined.
(h) Community Antenna Television System. "Community antenna
television system" shall mean a system of antenna, coaxial
cables, wires, wave guides or other conductors, equipment
or facilities designed, constructed or used for the purpose of
providing television or FM radio service by cable or through
its facilities as herein contemplated. CAN shall not mean
or include the transmission of any special program or event for
which a separate and distinct charge is made to the subscriber
in the manner commonly known and referred to as "pay tele-
vision".
(i) Subscriber. "Subscriber" shall mean any person or entity
receiving for any purpose the CATV service of a grantee.
(j) Gross Annual Receipts. "Gross annual receipts" shall mean
any and all compensation and other consideration in any form
whatever and any contributing grant or subsidy received
directly or indirectly by a grantee from subscribers or users in
payment for television or FM radio signals or service received
within the City.
Gross annual receipt 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.
6601 . Exclusive Use of Telephone Facilities. When and in the event that
the grantee of any franchise granted hereunder constructs, operates and maintains a CAN
system exclusively through telephone company facilities constructed, operated and maintained
pursuant to a state-granted telephone franchise and offers satisfactory proof that in no event
during the life of such franchise shall the grantee make any use of the streets independently
of such telephone company facilities, said grantee shall be required to comply with all of the
provisions hereof as a "licensee", and in such event whenever the term "grantee" is used
herein, it shall be deemed to mean and include "licensee".
6602. Franchise to Operate. A nonexclusive franchise to construct, operate
and maintain a CATV system within all or any portion of the City may be granted by the Council
to any person, firm or corporation, whether operating under an existing franchise or not, who
or which offers to furnish and provide such system under and pursuant to the terms and
provisions of this chapter.
No provision of this chapter may be deemed or construed as to require the
granting of a franchise when in the opinion of the Council it is in the public interest to restrict
the number of grantees to one or more.
Ord. No. 69-75/P.3 of 14
6603. Uses Permitted by Grantee. Any franchise granted pursuant
to the provisions of this chapter shall authorize and permit the grantee to engage in the
business of operating and providing a CATV system in the City, and for that purpose to erect,
install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under,
upon, across and along any public street, such poles, wires, cable, conductors, ducts, conduit,
vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary
and appurtenant to the CAN system; and in addition, so to use, operate and provide similar
facilities or properties rented or leased from other persons, firms or corporations, including
but not limited to any public utility or other grantee franchised or permitted to do business
in the City.
No franchise granted hereunder shall be construed as a franchise, permit or
license to transmit any special program or event for which a separate and distinct charge is
made to the subscriber in the manner commonly known and referred to as "pay television",
and no grantee shall directly or indirectly install, maintain or operate on any television set
a coin box or any other device or means for collection of money for individual programs.
The grantee may make a charge to subscribers for installation or connection to
its CATV system and a fixed monthly charge as filed and approved as herein provided. No
increase in the rates and charges to subscribers, as set forth in the schedule filed and approved
with grantee's application, may be made without the prior approval of the Council expressed
by resolution.
6604. Duration of Franchise. No franchise granted by the Council under this
chapter shall be for a term longer than twenty (20) years following the date of acceptance of
such franchise by the grantee or the renewal thereof.
Any such franchise granted hereunder may be terminated prior to its date of
expiration by the Council in the event that said Council shall have found, after thirty (30)
days' notice of any proposed termination and public hearing, that:
(a) the grantee has failed to comply with any provision of this
chapter, or has, by act or omission, violated any term or
condition of any franchise or permit issued hereunder; or
(b) any provision of this chapter has become invalid or unen-
forceable and the Council further finds that such provision
constitutes a consideration material to the grant of said
franchise; or
(c) the City acquires the CATV system property of the grantee.
6605. Franchise Payments. Any grantee granted a franchise under this
chapter shall pay to the City, during the life of such franchise, a percentage of the gross
annual receipts of the grantee to be established by the franchise ordinance. Such payment
by the grantee to the City shall be made annually, or as otherwise provided in the grantee's
franchise, by delivery of the same to the City Clerk.
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 financial
statement prepared by a certified public accountant, or person otherwise satisfactory to the
Council, showing in detail the gross annual receipts, as defined herein, of grantee during the
preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the
City, within fifteen (15) days after the time for filing such statements, the sum hereinabove
prescribed or any unpaid balance thereof for the calendar year or portion thereof covered by
such statements.
Ord. No. 69-75/p.4 of 14
In any year, or portion thereof, following the first full year service has been
provided and during which payments under this section amount to less than Twelve Hundred
Dollars ($1200) per year, grantee shall pay the City as a minimum an amount equal to Twelve
Hundred Dollars ($1200) per year.
The City shall have the right to inspect the grantee's records showing the gross
receipts from which its franchise payments are computed and the right of audit and recomputation
of any and all amounts paid under this chapter. No acceptance of any payment shall be
construed as a release or as an accord and satisfaction of any claim the City may have for
further or additional sums payable under this chapter or for the performance of any other
obligation hereunder.
In the event of any holding over after expiration or other termination of any
franchise granted hereunder, without the consent of the City, the grantee shall pay to the
City reasonable compensation and damages, of not less than one hundred percent (100%)
of its total gross profits during said period.
6606. Limitations of Franchise.
(a) Any franchise granted under this chapter shall be nonexclusive.
(b) No privilege or exemption shall be granted or conferred by
any franchise granted under this chapter except those specifi-
cally prescribed herein.
(c) Any privilege claimed under any such franchise by the grantee
in any street or other public property shall be subordinate to any
prior lawful occupancy of the streets or other public property.
(d) Any such franchise shall be a privilege to be held in personal
trust by the original grantee. It cannot in any event be sold,
transferred, leased, assigned or disposed of, in whole or in part, either
by forced or involuntary sale, or by voluntary sale, merger,
consolidation or otherwise, without the prior consent of the
Council expressed by resolution, and then only under such condi-
tions as may therein be prescribed. Any such transfer or assignment
shall be made only by an instrument in writing, a duly executed
copy of which shall be filed in the office of the City Clerk
within thirty (30) days after any such transfer or assignment.
The said consent of the Council may not be arbitrarily refused;
provided, however, the proposed assignee must show financial
responsibility and must agree to comply with all provisions of
this chapter; and provided, further, that no such consent shall
be required for a transfer in trust, mortgage or other hypothecation
as a whole, to secure an indebtedness.
(e) Time shall be of the essence of any such franchise granted here-
under. The grantee shall not be relieved of his obligation to comply
promptly with any of the provisions of this chapter or by any
failure of the City to enforce prompt compliance.
(f) Any right or power in, or duty impressed upon, any officer,
employee, department, or board of the City shall be subject to
transfer by the City to any other officer, employee, department
or board of the City.
Ord. No. 69-75/P.5 of 14
(g) The grantee shall have no recourse whatsoever against the
City for any loss, cost, expense or damage arising out of any
provision or requirement of this chapter or of any franchise
issued hereunder or because of its enforcement.
(h) The grantee shall be subject to all requirements of City ordinances,
rules, regulations and specifications heretofore or hereafter enacted
or established.
(i) Any such franchise granted shall not relieve the grantee of any
obligation involved in obtaining pole space from any department
of the City, utility company or from others maintaining poles in
streets.
(j) Any franchise granted hereunder shall be in lieu of any and all
other rights, privileges, powers, immunities and authorities owned,
possessed, controlled or exercisable by grantee, or any successor
to any interest of grantee, of or pertaining to the construction,
operation ormaintenance of any CATV system in the City; and the
acceptance of any franchise hereunder shall operate, as between
grantee and the City, as an abandonment of any and all of such
rights, privileges, powers, immunities and authorities within the
City, to the effect that, as between grantee and the City, any
and all construction, operation and maintenance by any grantee
of any CATV system in the City shall be, and shall be deemed and
construed in all instances and respects to be, under and pursuant
to said franchise, and not under or pursuant to any other right,
privilege, power, immunity or authority whatsoever.
6607. Rights Reserved to the City.
(a) Nothing herein shall be deemed or construed to impair or affect,
in anyway, to any extent, the right of the City to acquire the
property of the grantee, either by purchase or through the exercise
of the right of eminent domain, at a fair and just value, which
shall not include any amount for the franchise itself or for any of
the rights or privileges granted, and nothing herein contained shall
be construed to contract away or to modify or abridge, either
for a term or in perpetuity, the City's right of eminent domain.
(b) There is hereby reserved to the City every right and power which
is required to be herein reserved or provided by any ordinance
of the City, and the grantee, by its acceptance of any franchise,
agrees to be bound thereby and to comply with any action or
requirements of the City in its exercise of such rights or power,
heretofore or hereafter enacted or established.
(c) Neither the granting of any franchise hereunder nor any of the
provisions contained herein shall be construed to prevent the
City from granting any identical, or similar, franchise to any
other person, firm or corporation, within all or any portion of
the City.
Ord. No. 69-75/P.6 of 14
(d) There is hereby reserved to the City the power to amend any
section or part of this chapter so as to require additional or
greater standards of construction, operation, maintenance or
otherwise, on the part of the grantee.
(e) Neither the granting of any franchise nor any provision hereof
shall constitute a waiver or bar to the exercise of any governmental
right or power of the City.
(f) The Council may do all things which are necessary and convenient
in the exercise of its jurisdiction under this chapter and may
determine any question of fact which may arise during the existence
of any franchise granted hereunder. The City Administrator is
hereby authorized and empowered to adjust, settle or compromise
any controversy or charge arising from the operations of any
grantee under this chapter, either on behalf of the City, the
grantee or any subscriber, in the best interest of the public. Either
the grantee or any member of the public who may be dissatisfied
with the decision of the City Administrator may appeal the matter
to the Council for hearing and determination. The Council may
accept, reject or modify the decision of the City Administrator,
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.
6608. Permits, Installation and Service.
(a) Within sixty (60) days after acceptance of any franchise the
grantee shall proceed with due diligence to obtain all necessary
permits and authorizations which are required in the conduct of
its business, including, but not limited to, any utility joint use
attachment agreements, microwave carrier licenses and any
other permits, licenses and authorizations to be granted by duly
constituted regulatory agencies having jurisdiction over the
operation of CATV systems, or their associated microwave
transmission facilities.
(b) Within ninety (90) days after obtaining all necessary permits,
Iicenses and authorizations, grantee shall commence construction
and installation of the CATV system.
(c) Within ninety (90) days after the commencement of construction
and installation of the system, grantee shall proceed to render
service to subscribers, and the completion of the construction
and installation shall be pursued with reasonable diligence thereafter,
so that service to all areas designated on the map accompanying
the application for franchise, as provided in Section 6619 hereof,
shall be provided within one (1) year from the date that service
was first provided.
(d) Failure on the part of the grantee to commence and diligently
pursue each of the foregoing requirements and to complete
Ord. No. 69-75/P.7 of 14
each of the matters set forth herein, shall be grounds for
termination of such franchise, under and pursuant to the terms
of Section 6604 hereof; provided, however, that the Council in
its discretion may extend the time for the commencement
and completion of construction and installation for additional
periods in the event the grantee, acting in good faith, experiences
delays by reason of circumstances beyond his control .
6609. Location of Property of Grantee.
(a) Any poles, wires, cable lines, conduits or other properties of
the grantee to be constructed or installed in streets, shall be so
constructed or installed only at such locations and in such manner
as shall be approved by the Superintendent of Streets acting in the
exercise of his reasonable discretion.
(b) The grantee shall not install or erect any facilities or apparatus
in or on other public property, places, or rights-of-way, or
within any privately owned area within the City which has not
yet become a public street but is designated or delineated as a
proposed public street on any tentative subdivision map approved
by the City, except those installed or erected upon public utility
facilities now existing, without obtaining the prior written approval
of the Superintendent of Streets.
(c) In those areas and portions of the City where the transmission or
distribution facilities of both the public utility providing telephone
service and those of the utility providing electric service are
underground or hereafter may be placed underground, then the
grantee shall likewise construct, operate and maintain all of its
transmission and distribution facilities underground. For the
purposes of this subsection, "underground" shall include a partial
underground system, e.g. streamlining. Amplifiers in grantee's
transmission and distribution lines may be inappropriate housings
upon the surface of the ground as approved by the Superintendent
of Streets.
6610. Removal and Abandonment of Property of Grantee.
(a) In the event that the use of any part of the CATV system is dis-
continued for any reason for a continuous period of twelve (12)
months, or in the event such system or property has been installed
in any street or public place without complying with the require-
ments of grantee's franchise or this chapter, or the franchise has been
terminated, cancelled or has expired, the grantee shall promptly,
upon being given ten (10) days' notice, remove from the streets
or public places all such property and poles of such system other than an
which the Superintendent of Streets may permit to be abandoned
in place. In the event of such removal, the grantee shall promptly
restore the street or other area from which such property has
been removed to a condition satisfactory to the Superintendent
of Streets.
(b) Any property of the grantee remaining in place thirty (30) days
after the termination or expiration of the franchise shall be
considered permanently abandoned. The Superintendent of Streets
may extend such time not to exceed an additional thirty (30) days.
Ord. No. 69-75/P. 8 of 14
(c) Any property of the grantee to be abandoned in place shall be
abandoned in such manner as the Superintendent of Streets 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 Superintendent of Streets an
instrument in writing, to be approved by the City Attorney, trans-
ferring to the City the ownership of such property.
6611 . Changes Required by Public Improvements. The grantee shall, at its
expense, protect, support, temporarily disconnect, relocate in the same street or other public
place, or remove from the street or other public place, any property of the grantee when required
by the Superintendent of Streets by reason of traffic conditions, public safety, street vacation,
freeway and street construction, change or establishment of street grade, installation of sewers,
drains, water pipes, power lines, signal lines, and tracks or any other type of structures or
improvements by public agencies; provided, however, that the grantee shall in all such cases
have the privileges and be subject to the obligations to abandon any property of the grantee
in place, as provided in Section 6610 hereof.
6612. Failure to Perform Street Work. Upon failure of the grantee to commence,
pursue, or complete any work required by law or by the provisions of this chapter or by its
franchise to be done in any street or other public place, within the time prescribed, and to the
satisfaction of the Superintendent of Streets, the Superintendent of Streets 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 Superintendent of Streets to the grantee within thirty (30) days after
receipt of such itemized report.
6613. Faithful Performance Bond.
(a) The grantee shall, concurrently with the filing of and acceptance
of award of any franchise granted under this chapter, file with
the City Clerk, and at all times thereafter maintain in full force
and effect for the term of such franchise or any renewal thereof,
at grantee's sole expense, a corporate surety bond in a company
and in a form approved by the City Attorney, in the amount of
Twenty-Fi ve Thousand Dollars ($25,000.00), renewable annually,
and conditioned upon the faithful performance of grantee, and
upon the further condition that in the event grantee shall fail
to comply with any one or more of the provisions of this chapter,
or of any franchise issued to the grantee hereunder, there shall
be recoverable jointly and severally from the principal and surety
of such bond any damages or loss suffered by the City as a result
thereof, including the full amount of any compensation, indemni-
fication, or cost of removal or abandonment of any property of the
grantee as prescribed hereby which may be in default, plus a
reasonable allowance for attorneys' fees and costs, up to the full
amount of the bond; said condition to be a continuing obligation
for the duration of such franchise and any renewal thereof and
thereafter until the grantee has liquidated all of its obligations
with the City that may have arisen from the acceptance of said
franchise or renewal by the grantee or from its exercise of any
privilege therein granted. The bond shall provide that 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 hereto, nor any damages recovered by the City
thereunder, shall be construed to excuse faithful performance by
the grantee or limit the liability of the grantee under any franchise
issued hereunder or for damages, either to the full amount of the
bond or otherwise.
Ord. No. 69-75/P. 9 of 14
6614. Indemnification of City.
(a) The grantee shall, concurrently with the filing of an accept-
ance of award of any franchise granted under this chapter,
furnish to the City and file with the City Clerk, and at all times
during the existence of any franchise granted hereunder, maintain
in full force and effect, at its own cost and expense, a liability
insurance policy in the amount of One Million Dollars ($1,000,000.00)
in a company approved by the City Administrator and in a form
satisfactory to the City Attorney, indemnifying and saving harmless
the City, its officers and employees from and against any and all
claims, demands, actions, suits, and proceedings by others, against
all liability to others, including but not limited to any liability
for damages by reason of or arising out of any failure by the
grantee to secure consents from the owners, authorized distributors
or licensees of programs to be delivered by the grantee's CATV
system, and against any loss, cost, expense and damages
resulting therefrom, including reasonable attorneys' fees, arising
out of the exercise or enjoyment of its franchise, irrespective
of the amount of the comprehensive liability insurance policy
required hereunder.
(b) The grantee.shall, concurrently with the filing of an acceptance
of award of any franchise granted under this chapter, furnish to the
City and file with the City Clerk, and at all times during the
existence of any franchise granted hereunder, maintain in full
force and effect, at its own cost and expense, a general compre-
hensive liability insurance policy, in protection of the City, its
officers, boards, commissions, agents and employees, in a
company approved by the City Administrator and a form satisfactory
to the City Attorney, protecting the City and all persons against
liability for loss or damage for personal injury, death and property
damage, occasioned by the operations of grantee under such
franchise, with minimum liability limits of Five Hundred Thousand
Dollars ($500,000.00) for personal injury or death of any one person
and One Million Dollars ($1,000,000.00) for personal injury or
death of two or more persons in any one occurrence, and Fifty
Thousand Dollars ($50,000.00) for damage to property resulting
from any one occurrence.
(c) 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 provision that a written
notice of cancellation or reduction in coverage of said policy shall
be delivered to the City ten (10) days in advance of the effective
date thereof; if such insurance is provided by a policy which also
covers grantee or any other entity or person other than those above
named, then such policy shall contain the standard cross-liability
endorsement.
6615. Inspection of Property and Records.
(a) At all reasonable times, the grantee shall permit any duly authorized
representative of the City to examine all property of the grantee,
together with any appurtenant property of the grantee situated within
or without the City, and to examine and transcribe any and all maps
and other records kept or maintained by the grantee or under its
control which deal with the operations, affairs, transactions or
property of the grantee with respect to its franchise. If any such
maps or records are not kept in the City, or upon reasonable request
made available in the City, and if the Council shall determine
that an examination thereof is necessary or appropriate, then all
travel and maintenance expense necessarily incurred in making such
examination shall be paid by ,,the grantee.
Ord. No. 69-75/P. 10 of 14
(b) The grantee shall prepare and furnish to the Superintendent of
Streets and 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 performance of any of the rights,
functions or duties of the City or any of its officers in connection
with the franchise.
(c) The grantee shall at all times make and keep in the City full and
complete plans and records showing the exact location of all CATV
system equipment installed or in use in streets and other public
places in the City.
(d) The grantee shall file with the Superintendent of Streets, on or
before the last day in June of each year, a current map or set of
maps drawn to scale, showing all CATV system equipment installed
and in place in streets and other public places of the City.
6616. Operational Standards. The CATV system shall be installed and main-
tained in accordance with the highest and best accepted standards of the industry to the effect
that subscribers shall receive the highest possible service. In determining the satisfactory extent
of such standards the following among others shall be considered:
(a) That the system be installed using all band equipment capable of
passing the entire VHF and FM spectrum, and that it have the
further capability of conveying UHF for distribution to subscribers
on the VHF band.
(b) That the system, as installed, be capable of passing standard color
TV signals without the introduction of material degradation on color
fidelity and intelligence.
(c) That the system and all equipment be designed and rated for 24-hour
per day continuous operation.
(d) That the system provides a nominal signal level of 2000 microvolts
at the input terminals of each TV receiver.
(e) That the system signal-to-noise ratio is not less than 40 decibels.
(f) That hum modulation of the picture signal is less than 5%.
(g) That the system use components having a VSWR of 1 .4 or less.
6617. Miscellaneous Provisions.
(a) When not otherwise prescribed herein, all matters herein required
to be filed with the City shall be filed with the City shall be filed
with the City Administrator.
(b) The grantee shall pay to the City a sum of money sufficient to
reimburse it for all publication expenses incurred by it in
connection with the granting of a franchise pursuant to the provisions
of this chapter. Such payment shall be made within thirty (30)
days after the City furnishes the grantee with a written statement
of such expenses by delivery of same to the Director of Finance.
Ord. No. 69-75/P. 11 of 14
(c) The grantee shall maintain an office within the City limits or
at a location which subscribers may call without incurring added
message or toll charges so that CATV maintenance service shall
be promptly available to subscribers.
(d) No person, firm or corporation in the existing service area of the
grantee shall be arbitrarily refused service; provided, however,
that the grantee shall not be required to provide service to any
subscriber who does not pay the applicable connection fee or
monthly service charge.
6618. Use of Utility Poles and Facilities: Agreement. When any portion of
the CATV system is to be installed on public utility poles and facilities, certified copies of the
agreements for such joint use of poles and facilities shall be filed with the City Administrator.
6619. Application for Franchise.
(a) Application for a franchise hereunder shall be in writing, shall be
filed with the City Clerk, and shall contain the following information:
(1) The name and address of the applicant. If the applicant
is a partnership, the name and address of each partner
shall also be set forth. If the applicant is a corporation,
the application shall also state the names and addresses of
its directors, main offices, major stockholders and associates,
and the names and addresses of parent and subsidiary companies.
(2) A statement and description of the CATV system proposed to
be constructed, installed, maintained or operated by the
applicant; the proposed location of such system and its
various components; the manner in which applicant proposes
to construct, install, maintain and operate the same; and,
particularly, the extent and manner in which existing or
future poles or other facilities of public utilities will be
used for such system.
(3) A description, in detail, of the public streets, public places
and proposed public streets within which applicant proposes
or seeks authority to construct, install or maintain any CATV
equipment or facilities; a detailed description of the equipment
or facilities proposed to be constructed, installed or
maintained therein; and the proposed specific location thereof.
(4) A map specifically showing and delineating the proposed
service area or areas within which applicant proposes to
provide CATV services and for which a franchise is requested.
(5) A statement or schedule in a form approved by the City
Administrator of proposed rates and charges to subscribers
for installation and services, and a copy of proposed service
agreement between the grantee and its subscribers shall
accompany the application. For unusual circumstances, such
as underground cable required, or more than one hundred fifty
(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 may be made available on the basis
of cost of materials, labor, and easements if required by the
grantee.
Ord. No. 69-75/P. 12 of 14
(6) A copy of any contract, if existing, between the applicant
and any public utility providing for the use of facilities
of such public utility, such as poles, lines or conduits.
(7) A statement setting forth all agreements and understanding,
whether written, oral or implied, existing between the
applicant and any person, firm or corporation with respect
to the proposed franchise or the proposed CATV operation.
If a franchise is granted to a person, firm or corporation
posing as a front or as the representative of another person,
firm or corporation, and such information is not disclosed
in the original application, such franchise shall be deemed
void and of no force and effect whatsoever.
(8) A financial statement prepared by a certified public accountant,
or person otherwise satisfactory to the Council, showing
applicant's financial status and his financial ability to
complete the construction and installation of the proposed
CATV system.
(9) The Council may at any time demand, and applicant shall
provide, such supplementary, additional or other information
as the Council may deem reasonably necessary to determine
whether the requested franchise should be granted.
(b) Upon consideration of any such application, the Council may refuse
to grant the requested franchise or the Council may by ordinance
grant a franchise for a CATV system to any such applicant as may
appear from said application to be in its opinion best qualified to
render proper and efficient CATV service to television viewers and
subscribers in the City. The Council's decision in the matter shall
be final . If favorably considered, the application submitted shall
constitute and form part of the franchise as granted.
(c) Any franchise granted pursuant to this chapter shall include the
following condition:
"The CATV system herein franchised shall be used and operated
solely and exclusively for the purpose expressly authorized by
Chapter 6 of Article VI of the Municipal Code of the City of
Carson and no other purpose whatsoever. "
Inclusion of the foregoing statement in any such franchise shall not
be deemed to limit the authority of the City to include any other
reasonable condition, limitation or restriction which it may deem
necessary to impose in connection with such franchise pursuant to
the authority conferred by this chapter.
6620. Franchise Renewal. Any franchise granted under this chapter is renewable
at the application of the grantee, in the same manner as required herein for obtaining the original
franchise, except those which are by their terms expressly inapplicable; provided, however, that
the Council may at its option waive compliance with any or all of the requirements of Section 6619
hereof.
6621 . Acceptance and Effective Date of Franchise.
(a) No franchise granted pursuant to the provisions of this chapter shall
become effective unless and until the ordinance granting same has
become effective and, in addition, unless and until all things
Ord. No. 69-75/P. 13 of 14
required in this section and Sections 6613, 6614(a) and 6614(b)
hereof are done and completed, all of such things being hereby
declared to be conditions precedent to the effectiveness of any
such franchise granted hereunder. In the event any of such things
are not done and completed in the time and manner required, the
Council may declare the franchise null and void.
(b) Within twenty-five (25) days after the effective date of the
ordinance awarding a franchise, or within such extended period
of time as the Council in its discretion may authorize, the grantee
shall file with the City Clerk his written acceptance, in form
satisfactory to the City Attorney, of the franchise, together with
the bond and insurance policies required by Sections 6613, 6614(a)
and 6614(b) hereof, respectively, and his agreement to be bound
by and to comply with and to do all things required of him by the
provisions of this chapter and the franchise. Such acceptance and
agreement shall be acknowledged by the grantee before a notary
public, and shall in form and content be satisfactory to and approved
by the City Attorney.
6622. Violations.
(a) From and after the effective date of this chapter, it shall be unlawful
for any person to establish, operate or to carry on the business of
distributing to any person in this City any television signals or
radio signals by means of a CAN system unless a franchise therefor
has first been obtained pursuant to the provisions of this chapter,
and unless such franchise is in full force and effect.
(b) From and after the effective date of this chapter, it shall be unlawful
for any person to construct, install or maintain within any public
street in the City, or within any other public property of the City,
or within any privately-owned area within the City which has not
yet become a public street but is designated or delineated as a
proposed public street on any tentative subdivision map approved
by the City, any equipment or facilities for distributing any
television signals or radio signals through a CATV system, unless
a franchise authorizing such use of such street or property or area
has first been obtained pursuant to the provisions of this chapter,
and unless such franchise is in full force and effect.
(c) It shall be unlawful for any person, firm orcorporation to make any
unauthorized connection, whether physically, electrically,
acoustically, inductively or otherwise, with any part of a franchised
CATV system within this City for the purpose of taking or receiving
television signals, radio signals, pictures, programs, or sound.
(d) It shall be unlawful for any person, firm or corporation to make any
unauthorized connection, whether physically, electrically, acous-
tically, inductively or otherwise, with any part of a franchised
CATV system within this City for the purpose of enabling himself
or others to receive any television signal, radio signal, picture,
program or sound, without payment to the owner of said system.
Ord. No. 69-75/P. 14 of 14
(e) It shall be unlawful for any person, without the consent of the
owner, to wilfully tamper with, remove or injure any cables,
wires or equipment used for distribution of television signals, radio
signals, pictures, programs or sound.
PASSED, APPROVED and ADOPTED by the City Council of the City of Carson
this 21st day of April , 1969, by the following called vote:
AYES: COUNCILMEN: Yamamoto, Smith, Marbut, Clark and Junk.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
MAYOR
ATTEST:
I /�.� Z'� '�
CVY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, MARILYN R. CORTINA, City Clerk of the City of Carson, California, do
hereby certify that the whole number of members of the City Council of said City is five; that
the foregoing ordinance, being Ordinance No. 69-75 passed first reading on March 24, 1969,
was duly and regularly adopted by the City Council of said City at a regular meeting of said
Council, duly and regularly held on the 21st day of April 1969, and that the
same was so passed and adopted by the following roll call vote:
AYES: COUNCILMEN: Yamamoto, Smith, Marbut, Clark and Junk.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
-51, z/f
ITMI Carson, California.
I