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HomeMy Public PortalAbout86-737 t ORDINANCE NO. 86 737 AN ORDINANCE OF THE CITY OF CARSON RELATING TO THE FRANCHISING AND REGULATION OF CABLE TELEVISION AND AMENDING THE CARSON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Subsections 6600(g) and (h) of Chapter 6 of Article VI of the Carson Municipal Code are hereby amended to read: (a) CATV. "CATV" shall mean a community antenna television system or cable television system as hereinafter defined. (h) Community Antenna Television System, or Cable Television System, or CATV System. "Community Antenna Television system, " or "Cable Television system, " or "CATV system" shall mean a system composed of, without limitation, antenna, coaxial cables, wires, fiber optics, wave guides, or other conductors, equipment, or facilities designed, constructed, or used for the purpose of producing, receiving, amplifying, or distributing audio and/or visual radio, television, _ electronic, or electrical signals to and from subscribers by electrical cable, fiber optics, microwave, or other means through its facilities as herein contemplated. Section 2. Section 6603 of Chapter 6 of Article VI of the Carson Municipal Code is hereby amended to read: 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 CATV system; and in addition, so to use, operate, and provide similar facilities or properties rented E X H I B I T 3 Ordinance No. 86-737 Page 2 of 8 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. The grantee may make a charge to subscribers for installation or connection to its CATV system and a fixed monthly charge as filed or approved as herein provided. From the date hereof through December 28, 1986 , 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. Throughout the term of any franchise granted hereunder, a current schedule of rates and charges shall be filed with the City. The grantee shall notify the City of any additions or changes to the rate schedule at least 30 days- prior to their effective date. Except as provided herein or in the franchise agreement, all charges for services in connection with the grant shall be uniform and nondiscriminatory. However , the grantee may, from time to time, offer promotional rates which may be less than the regular rates then in effect. Charges shall abate pro rata in the event that service to a subscriber is inter- rupted during any month for more than twenty-four ( 24) hours for any reason whatsoever except interruption caused by the subscriber . - Section 3. Section 6604 of Chapter 6 of Article VI of the Carson Municipal Code is hereby amended to read: 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 fran- chise by the grantee or the renewal thereof. In addition to all other rights, powers, or remedies of the City in connection with a grant of a franchise under this chapter or otherwise, the City reserves the right to terminate, cancel, and revoke the franchise and all rights and privileges of the grantee under this chapter in the event that: (a) The grantee violates, by act or omission, any material provision of federal or state law, any applicable franchise agreement, this chapter, or any rule, order, or determination of the City made under and pursuant to the foregoing, except where such violation, other than of subsections 860514 sas 00640SX (2) Ordinance No. 86-737 Page 3 of 8 (b) and (c) below, is without fault of the grantee or through excusable neglect; or (b) The grantee becomes insolvent, unable, or unwilling to pay its debts, has a receiver placed in charge of its affairs, or is adjudicated bankrupt; or (c) The grantee fails for a substantial time to provide effective transmission or receiving services or capabilities to subscribers, except for strikes, war, civil commotions , acts of God, or other causes beyond the control of the grantee; or (d) The grantee attempts to evade any of the provisions of this chapter or practices any fraud or deceit upon the City or subscribers; or (e) The City acquires the CATV system property of the grantee pursuant to this Ordinance or any franchise granted hereunder. Any such termination, cancellation, or revocation shall be by ordinance after a hearing before the Council. The City shall give the grantee at least thirty ( 30) days written notice of the hearing. The grantee shall have an opportunity to be heard before the Council . The Council shall make - findings of fact in connection with any termination, cancellation, or revocation. The grantee may be given a reasonable period of time, not to exceed ninety (90) days, to cure such curable defaults, omissions, breaches, or other causes for the termination, cancellation, or revocation. Section 4. Subsection 6606 (a) of Chapter 6 of Article VI of the Carson Municipal Code is hereby amended to read: (a) Any franchise granted under this chapter shall be nonexclusive and shall be subject to and operated in accordance with all applicable state and federal laws and regulations, as amended from time to time, including without limitation the provisions of the Cable Communications Policy Act of 1984 . Section 5. Subsections 6607(a) , (d) , and (f) of Chapter 6 of Article VI of the Carson Municipal Code are hereby amended to read: 860514 sas 0064DSX (2) Ordinance No. 86-737 Page 4 of 8 (a) Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the right of the City to acquire the property of the grantee, either by purchase or through the right of eminent domain, with compensation calculated as provided in Title 7, Chapter 9, Article 4 of the Code of Civil Procedure of the State of California, and nothing herein contained shall be construed to contract away, modify, or abridge, either for a term of years or in perpetuity, the City' s right of eminent domain. (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 reasonable standards of construction, operation, maintenance, or otherwise, on the part of the grantee, as may be consistent with applicable federal or state law or regulation. (f) The Council may do all things which are necessary and convenient in the exercise of its juris- diction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder , subject to the right of the grantee to present evidence and testimony on its behalf as to any such question of fact. 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 interests 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 determina- tion. 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. Section 6. Subsection 6610 (b) of Chapter 6 of Article VI of the Carson Municipal Code is hereby amended to read: (b) Any property of the grantee in place sixty (60) days after the termination or expiration of the franchise shall be considered permanently aban- 860514 sas 00640SX (2) Ordinance No. 86-737 Page 5 of 8 doned. The Superintendent of Streets may extend this time, 'not to exceed an additional one hundred twenty (120) days. Section 7 . Section 6620 of Chapter 6 of Article VI of the Carson Municipal Code is hereby amended to read: 6620. Franchise Renewal. (a) Term. A franchise renewal granted hereunder shall be for a term established by the City and commencing on the date of the City' s adoption of the ordinance authorizing the renewal or on the date specified in that ordinance as the renewal date. This term shall not exceed the maximum term specified in section 6604 above. (b) Renewal Procedures . (1) A franchise granted hereunder may be renewed upon application by the grantee pursuant to the provisions of this chapter and applicable federal and state law. ( 2) A written application for renewal shall be filed at least twenty-four ( 24) months prior to the expiration of a franchise. ( 3) A renewal application shall be considered at a duly noticed public hearing which shall be held no later than four months after the application is filed. Mailed notice of the hearing shall be given to the grantee at least twenty ( 20) days prior to the hearing. The City shall make its determina- tion at least twelve (12) months prior to the expiration of the franchise. The determination granting or denying renewal shall be in writing and shall include findings as to the reason for the determination. (4) The City may condition renewal upon compliance with any amendments to this chapter and applicable federal and state law. Renewal may be denied upon any of the following grounds provided that the grantee has first been given notice and opportunity to cure any deficiency in operation or violation of the grantee ' s obligations under this chapter or the franchise: 860514 sas 0064DSX (2) Ordinance No. 86-737 Page 6 of 8 (A) The grantee lacks the financial, legal, or technical ability to provide the services set forth in its proposal. (B) The grantee ' s proposal is not adequate or reasonable to meet the future cable- related needs of the community, taking into account the technical and financial feasibility of meeting such needs and interests . (C) The grantee has not complied with the terms and conditions of the existing franchise, this chapter , or applicable federal or state law. (D) The quality of the service provided by the grantee, including signal quality, billing practices, and responses to subscriber complaints, has not been satisfactory or reasonable in light of community needs. (5) If the grantee does not accept a renewal granted pursuant to this section within ninety (90) days of the determination granting the renewal, the franchise shall terminate on the date of expiration set forth in the existing franchise. ( 6) Failure of a grantee to apply for renewal of a franchise pursuant to this section shall mean that the grantee intends to dispose of its franchise property at the expiration of the existing franchise in accordance with the provisions of this chapter. (7) In the event that an application for renewal hereunder is denied by the City, the grantee shall be afforded the procedural protections and right of appeal contained in section 626 of the Cable Communications Policy Act of 1984. Section 8. The following section 6623 is hereby added to Chapter 6 of Article VI of the Carson Municipal Code: 6623. Preemption and Compliance with Superseding Law. This chapter shall be construed in a manner 860514 sas 00640SX (2) Ordinance No. 86-737 Page 7 of 8 , consistent with all applicable federal and state laws. Whenever the Federal Communications Commission or Public Utilities Commission of the State of California or any other federal or state agency shall now or hereafter exercise any paramount jurisdiction over any specific provisions of this chapter , such paramount jurisdiction shall preempt or preclude the exercise of like jurisdiction by the City. Any modification of such federal or state law or regula- tion shall to the extent applicable be considered a part of this chapter as of the effective date of such modification. PASSED, APPROVED, AND ADOPTED this 9th day of June 1986. MAYOR ATTEST: 4 Gil 6 CITY CLERK Approved as to form: CITY ATTORNEY 860514 sas G0640SX (2) Ordinance No. 86-737 Page 8 of 8 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, 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. 86-737 passed first reading on June 2, 1986, 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 9th day, of June , 19 86 , and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Calas, DeWitt, and Mills NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Egan and Muise k & a City Clerk, City of Car on, California