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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
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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:
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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-
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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:
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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
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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
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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