HomeMy WebLinkAboutResolutions - No. 86-165RESOLUTION NO. 86-165
RESOLUTION GRANTING NON-EXCLUSIVE
COMMUNITY CABLE TELEVISION SYSTEM FRANCHISE
After notice duly given, public hearing held, evidence received
and good cause appearing therefrom, the following resolution is adopted:
RESOLVED that a non-exclusive Coin =ty Cable Television System
franchise is hereby awarded to King Videocable Ccmpany, 1521 South
Stockton Street, Lodi, California, subject to the following terms and
conditions:
(1) This franchise is granted subject to all of the terms and
conditions of the provisions of Ordinance No. 1370 adopted by the Lodi
City Council December 18, 1985, attached hereto as Exhibit A and
incorporated herein by reference, as well as representations,
statements and conditions set forth in the King Videocable C tpany
Proposal for the Conumnity of Lodi, California, dated February 25,
1986, attached hereto as Exhibit B and incorporated herein by
reference, and the City Manager's August 5, 1986 letter of review of
King Videocable Company's Proposal, attached hereto as Exhibit C and
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incorporated herein by reference, and King Videocable Company's August 9,
1986 letter of Response thereto, attached hereto as Exhibit D and
incorporated herein by reference, and the Grantee shall be bound by all
of the terms of Ordinance 1370, this Resolution, the franchise proposal,
and the letter of review of the City Manager, and the response thereto by
King Videocable Company.
(2) The term of this franchise shall be for a period of 20 years,
commencing February 21, 1988, and terminating at midnight on February 20,
2008, provided, however, that the requirements and proposals set forth in
Exhibits A, D, C and D shall be effective November 6, 1986 and shall
remain in effect unless otherwise amended by action of the City Council..
(3) This resolution shall be of no force and effect until Sections
5.16.060, "Acceptance", 5.16.190 "Security Fund", 5.16.200 "Construction
Bond", and 5.16.250 "Insurance" of said Ordinance 1370 relating to
written acceptance, bonds, insurance policies, etc. have been complied
with by the Grantee. In the event that there is non-compliance with said
Sections 5.16.060, 5.16.190, 5.16.200, and 5.16.250, this Resolution
shall be void.
(4) In accordance with Section 5.16.070 "Conditions" of Ordinance
1370, this franchise is granted subject to the following condition:
"The Co uiunity Cable Television System herein franchised shall be
used and operated solely and exclusively for the purpose expressly
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authorized by Ordinance of the City of Lodi and no other purpose
whatsoever."
(5) Grantee shall pay to the City of Lodi during the life of this
franchise, a stun equal to three percent of the annual gross receipts of
the grantee, payable quarterly. Ord. 1370, Section 5.16.090.
(6) A. Grantee shall file with the Lodi City Council a true and
correct schedule of rates to be charged for installation and connection
to its cable system and a monthly charge for cable service. Such rates
shall not be changed or modified in any manner without first filing the
changed or modified rates with the City Council thirty days prior to the
effective date of such change or modification.
B. The City Council shall have the authority to regulate the
rates to the extent the Council is permitted to by federal, state or
local law. Ord. 1370, Section 5.16.110.
(7) This franchise may not be sold, assigned, or transferred
without ccmpliance with the provisions of Section 5.16.390 of Ordinance
No. 1370.
(8) Notwithstanding other terms and conditions herein set forth and
set forth in Ordinance No. 1370 and the franchise proposal, this
franchise is granted upon the expressed condition that in accordance with
the provisions of Section 5.16.170 "Commencement of Construction and
Service", and Section 5.16.180, "Forfeitures and Termination", of
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Ordinance No. 1370, the City Council reserves unto itself the right to
exercise its discretion as to whether the Grantee is proceeding with due
diligence to obtain the necessary permits and render service to all of
the participating subscribers in the City of Lodi. in the event the City
Council determines after notice and hearing to the Grantee that the
Grantee is not proceeding with due diligence, the City Council may, in
the exercise of its discretion, terminate and cancel the franchise herein
granted. Due diligence shall be determined by reference to the activities
of grantee as of the date of this resolution, and not from February 21,
1988.
(9) Grantee shall provide to the City of Lodi, the facilities to
permit live coverage of events at three locations:
a. New City Council Chambers
b. Community Roan, Lodi Public Library
c. Hutchins Street Square
As to the new City Council Chambers, grantee shall provide for no
visible cable in said new Chambers. The City shall provide the conduit.
Franchisee shall provide free community cable television service to
other City facilities as requested by City.
Dated: November 5, 1985
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I hereby certify that resolution No. 86-165 was passed and adopted
by the City Council of the City of Lodi in a regular meeting held
November 5, 1986 by the following vote:
Ayes: Council Members Hinchnen, Olson, Pinkerton, Snider and Reid
Noes: Council Members - None
Absent: Council Members - None
'A-4-Yz
Alice M. Painrhe
City Clerk
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ORD2ZA CE NO. 1370
ALX ORDDZAN(E OF TIE WDI CITY COUNCIL
REPEALING LODI MUNICIPAL CODE CHARTER 5.16
CDMUTTKITY ANT --%M T--T-VISION SYSTEi,1 FRANCHISES
AD DO=ING A N94 C�:P_R 5.16 —
CC`4vLNZTY C.BT.F. =11 EVISION 'SYSTEM FRANCHISES
BE IT ORDAINED BY Tim' LODI CITY COLNCZ.
SECTION 1. Chapter 5.15 - Ca¢:rauiity Arterna Television Syst-an Franchises, of
Title 5 of t�-- Lodi Municipal Cade is hereby repealed in its entirety, and a new
Chapter 5.16 - Cc=m-Uty Cable Televisier_ Syste*n. Fra-zhi.ses is hereby enacted, as
follows:
Chapter 5.16
CCKgUNITY CAS =-LEVISICN SYSTEM FRANCHISES
SECTIONS:
5.16.010 Definitions.
5.16.020 Franchise reed.
5.16.030 Grant of Authority.
5.16.040 plication.
5.16.050 Gant or refusal.
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WMO!-M-304
5.16.060
Accep mance.
5.10'.070
Conditions.
5.16.080
Duration/Renewal of franchise.
5.16_090
Payment.
5.16.100
Financial statement—Audit—Minimum payment.
5.16.110
Rates for service.
5.16.120
Limitations.
5.16.130
Rights reserved by city.
5.16.140
Co=, laint procedure.
5.16.150
refunds.
5.16.160
Liquidated damages.
5.16.170
Cam e_ncerre_nt of construction and service.
5.16.180
Forfeiture and termination.
5.16.190
Security farm.
5.16.200
Construction bond.
5.16.210
Construction practices.
5.16.220
Removal or abandonment of facilities.
5.16.230
Changes required red by public irproveakents.
5.16.240
Failure to ca=lete work.
5.16_250
Insurance.
5.16.260
Right of inspection—Plans and records.
5.16.270
Service s anda-ds.
5.16.280
Continuity of service rr-ndatcry.
5.16.290
Performance evaluation sessions.
5.16.300
New develowents.
5.16.310
Filings with city.
5.16.320
Fiscal report.
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5.16.330
Refusal of service.
5.16.340
Service contract.
5.16.350
Television sale or repair.
5.16.360
Free service.
5.16.370
Moving ci_ buildings.
5.16.380
Unauu'Zori zed connections—Tar=ering.
5.16.390
Trans�ers and assignments.
5.16.400
Access channels.
5.16.410
Waivers
5.16.420
Recu?red services and facilities.
5.16.430
Ccanstruction and technical st?--_dards
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5.15.010 Definitions.
For the purposes of tris chapter, the following words and phrases shall have
the meanings respectively ascribed to tram by this section:
a. "Access channel" small a single ctL--=_ el de-acated in whole or in
part for local prcgra,ming which is not or`ginated by a cable ccr�pany.
b. "Basic Service" shall rear. anv service tier which include the
retz=z-.snissicn of local television broadcast signals and clic, Educational and
Gcverrment Access Channels.
C. "Cable Services" are defired as t` -e one-w-av tta_-s ission to subscribers
of video progratzning and other arogra-�.i-:g services together with subscriber
interaction, if any, which is rer-=ed for the selectscn of such programing a:4
prograrming sex -,,rices that the cable operator T,z'.{es available to all subscribers
ge-:erally. Exa oles of cable se -vices elude: vitro programnirg, pay -pe -
view, voter preference polls in the contest- of a video program, teletexts, one-
wav trar=&ission of any commuter software, and one-wav videotex se -vices such as
news services, stoc:C market info=ztiom, etc. Nan -cable services would
include: shop -at -hese, ban:{-at-hzrxe- services, ele —.t on c mail, one-way and
two-way tray-si ssicn of non -video data and irfo=att cn not offered to all
subscribers, data processing, video co.^:ferencizng and voice com mication.
d. "Cablecasting" is pro ram -ii -^g c _'=led on a cable system, exclusive Of
broad cast signals, whether orifi; -+.ated by the cable operator or any other party.
e. "Cable Svstem" shall ,;ean a -facility consist.Lng of a set of closed
tra_n—sTdssion pats and associated sig -.-al generation, recepdon, and control
e �'z int tnat is designed to provide cable service which includes video
prcg -cZmu,--lg and which is provided to Mi=ll -pre s bscr:Lers within a con umitV, but
such te_r:1 does not include (A) a facility that se --gyres only to retransmit the
television signals of one or more television broadcast stations; (B) a facility
that serves only subscribers in one or more multiple unit dwellings under ccri=
ownership, control,
or management, unless such
facility or facilities
uses any
public right-of-way;
(C) a facility of a camnon
carrier which is subject
in w6cle
or in part, to the
provisions of Title II of
the C.cmuzi.cations Act
of 1984,
except that such facility shall be considered a cable system to the extent such
facility is used in the trarscmission of video program-,tirg direct-ly to subscribers;
or (D) any facilities of any electric utility used solely for operating its
electric utility systems.
f. "Local Origination Programming" shall mean p-rogr�Stas�ing locally produced
by the Company.
g. "Franchise" means any nonexclusive authority granted pursuant to this
chapter in te= of franchise or franchise renewal or othe=w=se to construct,
operate and maintai:-i a cable system in the incorporated area of the city. The
term, "franchise" shall include the teu--a "fraaichise renewal-" herein.
h. Franchise area" means all or any portions of the incoraorated area of
the city for which a franchise has been granted under thds chapter.
i. "Grantee" means the person to whom a franchise under this chapter is
granted by the council and any lawful successor or assignee of such a person_
j. "Gross annual receipts" means any and all compensation or recein-.s
obtai:^.ed from and as a result of the operation of a cable system by a grantee
with -in the franchised area; except that such tern shall not include receipts or
c-arre- sation for:
1. Installation, reconnection or anv other nonrecurring c:h-- -ges ;
2. T.1'e amount of any refunds, credits or other payments :ode to subscribers
or users;
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3. Any taxes on services fu_—nished by the grantee imposed directly or
indirectly on any subscriber or user by any municipal corporation, political
subdivision, state or other govenm ntal unit and collected by the grantee for the
governmental unit; and
?. The sale or transfer of tangible property;
5. The sale or transfer of the franchise;
o'. The issuance, sale or transfer of corperataor_ stacks, bonds or other
securities; and
7. Loans or gifts to the grantee.
k. "Person" means any person, firm, association, organization, partnershin,
business trust, joint venture, corporation or ccmanv.
1. "Property of grantee" means any property constructed, installed,
cperated or maintained by a grantee trxler the authority of a nonexclusive
rancru se issued Dursuant to this chanter.
m_ "Street" means the surface of, and the space above and below, any public
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street, road., highway, freeway, lane. alley, court► sidewalk, parkway, drive,
public utility easement or other public place as may be authorized by the council,
existing as such as of or after the effective Gate of the ordinance codified in
this chapter within the incorporated area of the city.
n. "Subscriber" means any person or entity receiving for any purpose the
cable service of a grantee.
5.16.020 Franchise required.
No person shall extend, operate or carry on the business of ci stribu1._ing to
any persons in this city any television signals or radio signals by means of a
cable system unless a franchise or renewal of franchise therefor has first been
obtained pursuant to the provisions of this chapter, and unless such franchise or
renewal of franchise is in full force and effect. No person shall construct,
install or maintain within_ anv strpet in the city or within any other public
property of the city or within any privately owned area within the city w?zich has
not yet becare a public street but is designated or delineated as a proposed
Lublic street on any tentative subdivision map approved by the city, any e ruigner_t
or facilities for distributing any television signals or radio signals through_ a
cable system, unless a franchise aut*±orizi rg such use of such street or prop�ezrty
or area has first been obtained pursuant to the provisions of this chapter, and
L --less such franchise is in full force and effect.
5.15.030 Grant of authority.
a. A nwexclusive franchise to construct, operate and maintain a cable
system with—J-i any franchise area may be granted by the council to any person,
wteth—r operating under an existing fr rc ise or not, offering to furnish and
provide a system pursuant to the te=-m and provisions of this chapter. No
provision of this chapter shall be corstrued as to recuire the granting of a
franchise when in the opinion of the co=nc I it is in the public interest to
restri.ct the number of grantees to one or more. Neither the granting of any
nonexclusive franchise under this chapter nor anv of the provisions contained in
this chapter shall be construed to prevent the city from granting any identical,
or similar, nonexclusive franchise to any person within the city_
b. Successful applicants chosen by the City Council will be granted the
right and privilege to construct, erect, operate and raintain, in, upon, along,
across, above, over and under the streets, alleys, pubLc ways and public places
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now Laid out or dedicated and all exte--isions thereof and additions theareto in the
City poles, wires, cables, underground conduits, manholes, and other cable
conductors and fixtures recessaxy for the maintenance and operation in the City of
Lodi of a cable system to be used for the sale and distribution of cable services
to the residents of the City.
C. Any privilege claimed urde_r 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 prod, --ty.
d. Insofar as it is not inconsi stert with or otherwise preempted by Federal
or State regulations, the Citv Cou^-i l also grants the right and privilege to
successful Grantees to provide non -cable cG mu;nications se --vices— The City
Cotricil retains all authcrit,,r, not ot-he_rwise pre --=-ted, to regulate non -cable
c -uicati ors services to the extent necessary to assure the delivery of proposed
,ion -cable services, if any, and that they a -e in compliance witr: all regulatory
Provisions of this ordinance.
e. The construction, raintenance, and operation of Grantee's cable system
and all property of Grantee subject to the provisions of this ordinance shall be
subject to all lawful police powers, rules, and regulations of the City_ The City '
shall have the power at any time to order and require Grantee to renxwe or abate
any pole, line, tower, wise, cable, guy, conduit, elect=ic conductor, or any other
s t ruc—ture or facility that is dangerous to life or property_ In the event
C_antee, after written notice, fails or refuses to amt, the City shall have the
power to remve or abate the same at the expense of the Grantee, all without
ccm ensation or Lability for d mages to Grantee.
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5.16.040 Anolication.
A. An application for a franchise or franchise renewal under this chaster
small be i ri writing and accompanied by a payment to the city in an airount to be
established and amended from time to time by resolution of the City Council. An
application shall contain the following information:
1. Tine rate and address of the applicant. If the applicant is a
partnership, the nacre and address of each partner shall be set forth. If the
applicant is a corporation, the application shall state the names and addresses
of its directors, main officers, major stockholders and associates, and the names
and addresses of parent and subsidia_-,, ca=anies;
2. A description of the manner in which the applicant proposes to
construct, install, maintain and operate the cable system and the extent and
manner in utuch existing or future poles or other public utilities will be used
for the system;
3. A detailed description of the proposed plzrt of operation of the
applicant waich shall include, but not be limited to the following:
a) A detailed -,nap indicating all areas to be served, how they are to be
se_* vrd and a proposed time schedule for the installation of all equip e- t
necessary to become 100 percent operational, ti--oughout the entire area to
be served;
b) A detailed, informative, and referenced sta-anent describing the
actual egui =nent and the operational and technical star de. -ds proposed by the
applicants.
4. A statement of the estimated costs of the installation of the proposed
systems described in paragraphs 2 and 3 of this subsection.
5. All applicants are required to clearly delineate the is-iitial service
area being proposed on a map of sufficient detail (see No. 3 above). Said nap
shall also indicate any and all areas that will not receive services.
6. All applicants shall agree to extend cable system upon requestof any
contiguous area not designated for initial service in the plan when potential
subscribers can be served by extension of the cable system past dwelling units
equivalent to a deansity of forty (40) homes per mile of street. Extension shall
be at Grantee's cost. I= undergrounding is required by regulation, Grantee must
make installation at Gra.-mee's expense. 6bere aerial extension is allowed by
regulation but underground installation is requested by benefitted subscribers,
the cost of tmderrgrouziding that exceeds the estimated aerial extension cost may
be charged to benefitted subscribers.
7. A stat -ment or schedule in a form approved by t;- city ze-nager of
proposed rates and charges to subscribers for installation and services, and a
copy of the proposed se_n-i ce agree.,ent between the grantee and its subscribers
shall accompany the application;
8_ A statement setting forth all agreements and taid`rstarnings, whether
written, oral or implied ed existing between the applicar= and any person who is a
panty in interest with respect to the proposed franchise or the proposed cable
operation. If a franc..hise is granted to a person posing as a front or as the
representative of another aerson, and such information is not disclosed in the
orl ginal application, such franchise is void and of no force and effect;
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9. A financial statement prepared by a certified public accountant or
public accountant satisfactory to the council, demonstrating applicant's financial
status and its financial ability to ctsnaiete t'A cor_struction or reconstruction,
instaI'ation, and operation of the proposed system.
10. An original
application for a
franchise si311
include a detailed
fira-_cial plan (pro form) describing for each year of the
franchise, projected
nurber of subscribers,
rates, all revenues, operating
expenses, capital
ex,,e^-ditures, depreciation schedule, inaare
state -7e nts and a
sources and uses of
funds stater.ient. All
inforlration is to
be presented in the fo=nt to be
prescribed by the City.
B. The council
may at anv time
demnd, and applicant
shall then provide,
such supple-en'`wry,
additional or
other it -formation as
the council deems
reasonably necessary
to det 1, i -+e
whether the rimes tad
franchise should he
granted.
5.15.050 Grant or refusal.
Upon consideration of any application, the council may refuse to grant the
recuested franchise or the council may by resolution c ra_*it a franchise for a cable
system to any applicant as may appear frc m its a=lica tion to be in the opinion of
the council nest qualified to render good and efficie*zt cable service to
subscribers in the proposed franchise area. The a=!--ca--Jon submitted, together
w; t'i any anencpnents , and this chapter shall constitute and form part of the
fra^_cnise if granted-
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5.16.060 Acceotar_ce.
Within thi--ty days after the date of a resolution awardi.^g a franchise, or
within suc1-1 extended period of time as the council may authorize, the grantee
shall file with the city manager his written accerrttance in fomes satisfactory to
the city attorney, of the franchise, together with the required bond and insurance
policies, and n1s agree-rrient to be bourne .by and to cc=ly with and to do all things
recp—i`ed of him, by the provisions of this charter and the franchise. such
acceptance and agree=ment shall be ackncwledged by the grantee before a notary
public and small be irn fom and content satisfactory to, and approved by, the city
attorney.
5.16.070 Conditions.
A. Any franchise granted pursuant to this chapter sisal! include, among
other things, the following condition:
The cable system herein franchised- shall be used and operated solely and
exclusively for the pt rose expressly authorized by Ord-inance of the city of
Lodi and no ocher purpose whatsoever.
B. Inclusion of the statement set out in subsec-tion A of this section in
any such franchise does not limit the authority of the city to include any other
reasonable condition, limitation or restriction which it deems necessary to inose
ir. co: --lection with a franchise granted pursuant to the authority conferred by this
Cramer.
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5.16.080 Duration/Renewal of franchise.
A. The duration of the rights, privileges and authorizations granted in a
franchise agreement shall be not to exceed twenty years frau the date a franchise
is awarded. A franchise may be renewed by the City upon application of the
Grantee pursuant to the procedure established in sub—sect-ion, b of this section
and in accordance with the then applicable law.
B. Renewal.
(1) During the six-month period which begins with the 3,6t_h month
before the Franchise expiration, the City ma --,r on its own initiative, and
shall at the request of the Grantee, commerce proceedings win -.ch afford the
public appropriate notice and participation for the p3 -pose of:
(a) Identifying the future cable -related cer—m—iity needs and interests;
and
(b) Reviewing the performance o= the Grantee =deer the franchise during
the then current franchise te--m.
(2)
(a) Upon ccuple'....ion of a proceeding under subsection (1) , the Grantee
seek_Lzg renewal of a franchise may, on J own initiative or at the
request of tze City, submit a proposal for renewal_
(b) Any such proposal shall contain. such iraterial as the City may
require, including proposals for an upgrade of the cable system.
(c) The City may establish a date by which such proposal shall be
submitted.
(3 )
(a) Upon submittal by the Gra-tee of a proposal to the City for the
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renewal of the franchise, the City shall provide public notice of
such proposal and, during the 4 ,.mnth- period which begins on the
ccmletion of any proceedings under subsection (1) , renew the
franchise or, issue a preliminary assessment that the franchise
should not be renewed and, at the request of the Grantee or on its
own initiative, commence an adminis-trative proceeding, after
providing prompt public notice of such proceeding, in accordance
with paragraph (3) (b) to consider whether—
(i) the Grantee has substantially cowlied wr with the material. terms
o= the existing franchise and with applicable law;
(ii) the quality of the Grantee's service, including signal
quality, response to corsumr cCMDlaints, and billing
practices, but without regard to the mix, quality, or
level of cable services or other services nrcvided over the
system, has been reasonable in light of =mrrunqty needs;
(ii) the Grantee has the financial, legal, and technical ability
to provide the services, facilities, and equip<,–_nt as set forth in
the Grantee's proposal; and
(iv) the Grantee's proposal is reasonable to meet the future
cable -related commmity needs and interests, taking into account
the cost of meeting such needs and interests -
(b) In any proceeding under paragraph (3) (a) , the Grantee shall be
afforded notice and the Grantee and the City, or its designee, small
be afforded fair opportunity for full participation, including the
right to introduce evidence (including evidence related to issues
raised in the proceeding under subsection (1)) to require the
production of evidence and to question witnesses_ A transcript
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shall be rade of any such proceeding.
(c) At the c=mDletion of a proceeding ur-der tfiiis subsection, the City
shall issue a written decision granting or denying the proposal for
renewal based upon the record of such proceeding, and transmit a copy
of such decision to the Grantee. Such decision shall state the
reasons t:,erefor.
(4) Any denial of a proposal for renewal shall be based on one or more
adverse findings made with respect to the factors described in
subparagraphs (i) through (iv) of subsection (3) (a) , pursuant to the
record of the proceeding under subsection (3).
(5) If the Grantee's proposal for renewal has been denied by a final
decision of the City made pursuant to this section, or has been adversely
affected by a failure of the City to act in accordance with the.procedural
req =--lents of this section, the Grant--- fray apoea.1 such final decision
or failure pursuant to the provisions of section 535 of the Federal Cable
Ccrmnications policy Act of 1984.
(5) Notwithstanding the provisions of subsections (1) through (5) of this
section, the Grantee may submit a proposal for the renewal of the
franchise pursuant to this sumsec-tti on at any t� me , and the City may, after
affording the public adequate notice and opport-zity for comment, grant or
deny such proposal at any time (including aft proceedings pursuant to
this section have commenced). The provisions of subsections (1) through
(5) of this section shall not ammly to a decision to grant or deny a
proposal under this subsection. The denial of a renewal pursuant to this
subsection shall not affect action on a renewal proposal that is submitted
in accordance with subsections (1) through (5).
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5.16.090 Paynent.
Any grantee granted a franchise under this chapter shall pay to the city,
during the life of such franchise, a sun equal to three percent of the a -m -mal
cross receipts of the grantee, payable quarterly.
5.16.100 Financial state<ne*it—Audit—M roman pavnent.
A. The grantee shall file w- th the council within ninety days after- the
exp--ation of any fiscal year or portion t*eseof during which a franchise is in
force, a financial statement prepared by a certified public accountant or public
accountant showing in detail gross a.inual receipts, as defined in this chzp ter, of
the grantee duri-:g the preced=q calendar year or port.icn thereof. It shall be
the duty of the grantee to pay to the city within fifteen days after the time for
fi'?ir:g such state*ae:^_ts the sLM, prescribed by the fran&-ise, or any -unpaid balance
there -c-12, for the calendar year or the- pertior_ Hereof covered by the statement.
B. The right is reserved to the city of audit and reco=utaticn of any and
all amounts paid tinder tnis chapter and acceptance until expiation of a period of
five years follow mg paym—ent shall not be construed as a release or as an accord
and satisfaction of any clail,t tze city may have for fu—,n%--r or additional sus
a y able under this chapter or for the per fo=jancs of a*:y other obligations under
this s chanter.
C. In any year, cormenci-g w-itn the first full calendar year of service
dura -31g wiich the franchise p ayi-eats arcunt to less titan twelve hundred dollars,
the grantee small zav to the city for such a year a total amount of twelve
hundred dollars.
D. In the event of any holding over after expiration or arty other
tem: ^anon of a i.=a.T!C_{31se issued ul-ld°J�s chapter, whether with or without the
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consent of the city, the grantee small pay to C1tV a Carpensation twice the
percent of its gross annual receipts during such period as it would be rewired to
nay under its franchise if there were no holding over.
5.15.110 rtes for service.
The grantee small file wr.th the city council a -rue and correct schedule of
rates to be charged for installation and connection to its cable system and a
monthly charge for cable service. Such rates shall not be c hanged or modified in
any manner without first fil—J g the changed or modified rates with the city
council thirty days prior to the effe--five date of such change or modification—
The City Council shall have the authority to regulate the rates to the
extent the Council is permitted to by Federal., State or local law.
5.16.120 Limitations.
A. Any franchise granted under this chapter spa be nonexclusive.
B. No privilege or exerrotion small be authorized or conferred by any
franchise granted tuider this chapter except those specifically prescribed in this
chapter.
C. Any privilege claimed imder a f-ranchise by the grantee in any street, or
other public property, shall be subordinate to any prior occupancy thereof for
public purposes.
D. A franchise granted tinder this chapter shall be a privilege to be held
in personal trust by the original grantee. It cannot be sold, transferred,
leased, assigned or disposed of, Li whole or in :art, either by forced or
involunta-v sale, sale, rerger, conso14 dation or otherwise, without prior consent
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of the council expressed in writing. The grantee shall file with the col;ncil
witzintnirty days prior to sale, t=`.-isfer, assignment or lease of the franchise
or any part thereof or any rights or privileges granted thereby, written evidence
of the proposed transaction certified to by the grantee or its duly authorized
officers. Any proposed assignee rust snow financial responsibility to carnet out
the terns of the franchise and r_.:st agree to cc=ly with all of the provisions of
this chapter; and provided further, t.at no consent or approval shall be requed
for a transfer in trust, by mortgage, by security agreement, or by other
hypothecation as a ;&-ole, to secure an indeb-tedness, or for a transfer requi red by
operation of law.
E. Any right or power in, or duty i=ressed upon any officer, e.inlcyee,
departrnent or board of the city shall be subject to transfer by the council or by
law to any other officer, e=loyee, departaent or board of the city -
F. The granter shall have no recourse whatsoever agai^st the city for any
loss, cost, expense or da image, wising cut of any provisions or reaui=e tints of
this chanter or its en orc-';1ent.
G. Any franchise granted under this chapter shall not relieve the grantee
of any obligation involved in ob= n .g pole space from any depart ireant or division
of the city, other agency of gcve^ ;int, utility ccnTany, or frm others
rrai ntaining poles in streets; provided, that the latter shall cooperate with the
grantee to the end that only one set of poles small be required by all.
H. Any franchise granted u: --der t-,; s chapter is in lieu of any and all other
rights, privileges, powers, -L-i^unit es and authorities owned, possessed,
controlled or exercisable by the gram, or any successor to any interest of the
gra.^tee, of or per,.aining to the cors ruction, operation or maint.nance of any
cable system in the inco—.-crated limits of the city, and the acceptance of a
franchise under this chapter shall operate as betweel, grantee and the city, as an
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abando=ae*it of any and all of such rights, privileges, poca*s, =-hies and
authorities t"li Tl the city, to the effect that-, as be7n eemn the grantee and he
city, any and all construction, operation and maintenance by any grantee of any
cable systera —in city shall be, and shall be dem-n ed and const --:Led in all
instances and res^.,ects to be, under and pursuant to sj-,cn frar_c-ruse, and not under
or pursuant to any other right, privilege, power, irrrarnity or au t.ority
whatsoever.
5.16.130 Rights reserved by city.
A. Not L, ng in this chap's shall in any way or to any ecwnt i,=ai.r or
affect the richt of the city to ac =:.re the grantee's property either by purchase
or through exercise o' the right of eminent dorm, and nothing in this caapi er
shall be ccrstr,:ed to contract away or to modify or abridge the city's right of
enarent daaain iZ respect to any grantee.
B. No fra.ncl l se granted under this chapter shall be gi -ve-n any value before
any court or other public authority in any action or proceed nq brought by ;he
city in -excess of the amount of the recuired filing fee and ar._a other scan paid by
the grantee to city for a franchise at the time or granting.
C. There is reserved to t'ie city every right and power knrd-ah is required to
be reserved or provided in this chapter by any ordinance or resolution of the
city, and the y antee, by its acceptance of any franchise, agrees to be bound
thereby and to c=,V-lv with any action or requiremeents of the city in its exercise
of such rights or power, enacted or established before or after the effective date
of the ordinance codified = this c1anter.
D. The council may do all things which are necessary and convenient in the
exercise of its jurisdiction under this chapter-
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E. Neither the granting of any franchise under this chapter nor any of the
provisions con'taiz-ed in this chapter s:s? 1 be const=ped to prevent the city from
granting any identical, or similar, franchise to any other person within all or
any portion of the city.
F. here is reserved to city the .right to arend any section or part of this
chapter so as to require re reasonable additional or greater standards of
construction, operation, maintanar_ce or otherWise, en the :art of the grantee for
purposes of protecting the pubLc health, safety and welfare. This provision
shall not apply to ccasitnr_ts of a contractual nati:,.re made in a : ranch se
agre-me-rit or franchise renewal agree*m-ants.
G. -Neither the granting of any franchise nor any provision in this chapter
shall constitute a bar to the exercise of any goverr.--v--ital right or power of city.
H. X l faci li ties of anv grantee licensed i= -der th�is ci-apter witb-Ln the
city shall be available for civil defense p: -mases at such times as the city
director of civil de Tense shall require.
5.16.140 Complaint -procedure.
A. The city manager or the city manager`s designee is specified by the
City as having prJrary responsi.bi.lity for the ccntirn ^_g arm=strattion of a
franchise and of ccmlaint procedures.
B. P_ Grantee small mai-:tain a central o_ice within or in close proximity
to t^-- City, which shall be open during all usual busLr ess hours, have a publicly -
listed telephone with a toll-free nurber and sufficienat lines; and be so,
operated that cormlaints and requests for repairs, billing or adjustments shall be
received on a twenty --our (24) Pour basis.
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C. A Grantee shall maintain a repair and maintenance crew which shall
resxnd to subscriber conplaints or requests for service wit -Ln twenty-four (24)
hours after receipt of the ca=laint or request. No charge sr :.0 be made to the
subscriber for this service unless such maintenance or reoair is required as a
result of damage caused by subscriber.
D. A Grantee shall establish procedures for receiving, acting upon, and
resolving s•.ibscriber complaints to the satisfaction of the city manager's office.
A Grantee shall furnish a notice of such procedures to each subscriber at the time
of initial subscription to the system and annually thereafter_
Grantee's service call nrocedures shall contain p rovisinrS to protect the
interests of subscribers.
In the event that tle Grantee
or
its employee
det_=ires that Grantee's
cable system is not resxnsi ble for
any
given problen
which has resulted in a service call ti.e., subscriber equiment
is
at fault), the
subscriber shall have the right to have this come^. on deenors=trated through the
use of an additional television receiver ccuma=i_on. A standard television
receiver will be used in the subscriber's hare to allow a d:Lrect A/B cc r.�. ison of
oe_rfo= rence _
E. A Grantee s=.a11 ?seep a maintenance service log w-hi.ch will indicate the
nature of each service camplaint, the date and tame it was received, the
disxsition of said ccr=laint and the tire and date hereof _ This log shall be
made available for periodic inspection by representatives of the city manager.
All service complaint entries shall be retained on file for a pe= i od consisting of
the rs�st recent th-ee (3) years.
F. When there have been similar ccr.T)laints made or when there exists other
evida-nce, wtach, in the judgment of the city manager casts doubt on the
reliability or quality of cable service, the city manager shall have the right and
authority to compel a Grantee to test, analyze, and report on the performance of
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the System. Such re_ao t shall be delivered to the city manager no later tI+an
four-teen (14) days after the city manager formally notifies the Grantee and shall
include the following information: the nature of the ccn=lairts wthich
precipitated the special tests; what system carponents were tested, the ecTu.ipment
used, and procedures employed in said testing; the results of such tests; and the
met-iod in which said c=laints were resolved.
G. 'lfie city manager may require that tests and analyses snail be supervised
by a professional engineer not on the permanent staff of a Grantee. The aforesaid
engineer should sign. all records of the special tests and =onward to the city
.;nanager such records with a report irte_~areting the results of the tests and
rec=mend ng actions to be taken by a Grantee and the City.
H. The City's right under this section shall be limited to regu.iring tests,
analyses, and reports covering speci_ic subjects and characteristics based on said
cc=laints or other evidence %Fieri and =4er such circL^•starces as the City has
reasonable grounds to believe that the ca=.laints or other evidence requires tact
tests be perf bed to protectthe public against subsea-Zard cable service.
i. 'rhe city manager is authorized and ffL=w--red to adjust, settle or
ccr=rcacii.se any controversy or charge arising frcaa the operations of any gran tee
under this chapter, eit-her on behalf of the city, the grantee or any subscriber in
t`1e best interest of the public.
J. Either the grantee or any member of the public who may be dissatisfied
withl the decision of the city manager may appeal the mattes to ti3e council for
hearing and determination.
K. The council may accept, reject or modify the decision of the city
rerager and the council may adjust, settle or cormromise any controversy or cancel
amy charge arising from the operations of any grantee or from any provision of
teas chapter.
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t
5.16.150 Refunds.
a. Subscribers not satisfied that services have been provided as outlined
in this ordinance and the Franchise Agreement shall be encouraged to notify the
System Manager. The Grantee shall work with the subscriber to resolve the problem
within 48 hours, and upon request by a. subscriber, the Grantee shall credit the
subscriber's account on a pro rata basis for loss of service unending 48 hours
after notification of the Grantee.
b. A grantee shall at the tine of initial subscription to the system and
annually ti:ereafter furnish a notice to subscribers of their right to a refund
for any loss or interruption of service for 48 hours or more.
5.16.160 Liquidated damages.
By acceptance of the franchise granted by the City, a Grantee underst --Zs
and shall agree that failure to comply with any time and performance recuireae� nts
as stipulated in this ordinance and franchise agreeriant will result in ravage to
the City, and that it is and will be impracticable to determine the actual amoi.-?t
of such damage in the event of delay or non-performance; the franchise agreea--n-,-
sh ll include provisions for liquidated quidated darrages to be paid by the Grantee in
&Tounts set forth in the franchise agreement and chargeable to the security ftu-,d
for the following concerns:
a. failure to complete system construction or reconstruction in accordance
with Section 5.16.170 and Section 5.10'.430 unless the Council specifically
approves the delay by motion or resoluticn, due to the occurrence of conditions.
beyond Gran',ee's control, a Grantee shall pay five hundred dollars ($500.00) per
day for each day or part thereof, the deficiency continues.
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b. Failure to provide uror written request, data, dccuients, reports,
info��nation or to cooperate with City during an application process or cable
system review, a Grantee sto11 pay fifty dollars ($50.00) per day for each day or
p 2s t t ereof , the violation occurs or co^.ti-i-nues .
C. Failure to test, analyze and report on the p-formance of the system
following a written request pursuant to this ordinance, a Grantee small pay to
City one hundred dollars ($100.00) per day for each day or past thereof, that such
noncar liarce continues.
d. For failure to provide in a contirui.:g roaruier the broad categories of
services proposed in the accepted application unless the Council specifically
approves Grantee a delay or change, or tine Gre--tee ni s obtained modification of
its obligation under Section 525 of the Cable Ccr ru-ni cations policy Act of 1984;
Grantee shall pay to the City five hundred dollars ($500_00) per day for each day
or part thereof that each nonccraliance continues.
e. Forty-five (45) days following adoption of a resolution by the City
Council in accordance with Section 5.15.270 de terr d=-ing a failure of Grantee to
c=lv with operational, mai-be-narce or technical stars3ards, Grantree shall pay to
the City five hundred dollars ($500.00) for each day or Part thereof, that such
hon-c=liance continues.
f _ Ary other action or non-aCytiox'1 by the C-ra'2tee as agreed upon between
theCi � ' and Grantee and set forth in the franchise agreement- Nothing in this
section sha-11 preclude fur -,her licItudated damages as agreed upon by the parties in
t e franchise agreement.
5.15.170 Cmuencement of construction and service.
A. Construction Plan and Schedule
(1) Mar) and Plan
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Grantee shall submit a co-c"plan or reconstruction plan which s a l
be incorporated by reference and made a part of the franchise agreement. The plan
srall consist of a map of the entire_ franchise area and shall clearly delli:eate
the following:
(a) The areas within the franchise area where the cable system will be
initially available to subscriber including a schedule of construction for
each year that ccns4=ction or reconstruction is proposed.
M :seas within the franchise area where extension of the cable systenn
camr_ot reasonably be done due to lack of present or planned develograe-Tt or
other s; -malar reasons, with the areas and t^� reasons for not serving t: ---m
clearly identified on the map.
B. Lison acceptance of any fran6rdse, the grantee sha11 imr_w-d ately initiate
action to oL—ta all pernits, licenses, ease. -tents, variances and any Otter
authorIzati.ons which are recuired or necessax-7 in the conduct of its business,
iTc? udi.^g but not limited to any utility joint use attachment agreenie^.ts ,
microwave carrier licenses, any author=zayLions required to import distant signals,
and any other peri is , licenses and authorizations to be granted by duly
constituted regulatory agencies having or asserting jurisdi ctaon over the
operation of the cable system, any associated microwave transmission facilities,
or any other associated facility, and the grantee shall proceed with due diligence
un-�1
all such matters are obtained.
Copies of all petitions, appli cat'dors and com-n-nications submitted by the
grantee to the Federal Ccm=nications Coamission or any other federal or state
regulatory cca:mission or agency havi-ig jurisdiction in respect to any matters
of ecr,i;g cable operations authorized pursuant to its franchise, shall also be
s ,ittri si=lta,-:eously to the city by "he grantee.
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C. Within ninety days after obtaining all the required or necessary
permits, licenses, easeients, variances and any other authorizations referred to
in subsection A of this section, the grantee shall cc rzence construction and
installation of the cable system.
D. Within six months after building permits are granted for a particular
area, the grantee shall proceed to render initial se --prices to subscribers, and the
comoletion of construction and installation shall be pursued with reasonable
diligence, not to exceed fifteen months from the date of the granting of the
building permits for the particular area to be served.
B. Failure to do any of the requirements of subsections A, B, C and D of
this section within the time specified except as provided in subsection F of this
section shall be grounds for termination of the franchise.
F. The council may in its discretion extend the tizae for the grantee,
aching in good faith, to do any act remuired under tiffs section_ The three for
comne-nceTrent of construe`,ion aro installation, or the rendering of service to
subscribers, initially or thereafter, shall be exte—nded or excused, as the case
may be, for any period during which the grantee exile= `aces delay or interruptions
due to any of the following ci.rc=:stz_ces if reasonably beyond its control:
necessary utility changes or reat_ange.*ne.-its, gov 1 . ntal or regulatory
restrictions or re❑_ui:ements, labor st--ikes, lockouts, war (declared or
undeclared) , national e*aergency, fire, earthquake, the elements and acts of God.
G. Grantee shall extend cable system upon request of any contiguous area not
designated for initial service in the plan when potential subscribers can be
served by extension of the cable system past dwelling units equivalent to a
density of forty (40) hcres oer mile of street. Extension small be at Grantee's
cost. If undergrounding is required by regulation, Grentee must make
installation at Grantee's expense. Where aerial ectension is allowed by
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regulation but underground installation is requested by benefitted subscribers,
the cost of undergrounding that exceeds the estimated aerial extension cost may be
charged to ben_-afitted subscribers.
5.16.180 Forfeiture and termination.
a. in addition to all other rights and powers retained by the City under
this ordir�rice or otherwise, the City reserves the right to forfeit and te=ainate
a franc.`dse and all rights and privileges of a Grantee an the event of a material
breach of its teII^s and conditions. In interpreting this ordinance, material
provisions shall include all labeled as such and all others, which, =.der all the
facts and cir=.star_ces ird1 cated, are a significant- provision of the franchise
agreement. A material breach by Grantee shall include but shall not be limited to
the following:
(1) Failure to begin or ccaimlete sys' p—m construction, recorst_-uctaon or
syst`m extension_, or s-ys`en i=rove-ient as provided i.mder the franchise;
(2) Fai lure to provide the broad categories of services mromised; assuriirg
Gran-L.ee has unsuccess_rully m rsued wtatever recourse is available under Sec-Ldon
625 of tha Cable Comar_icatiors Policy Act of 1984;
(3) Failure to restore sersdce after ninety-six (96) consecutive hours of
inteTMupted service, e-xcept when approval of such inter-ruption is obr a i nac3 from
the City; or
(4) Material misrepresentation of fact irl the application for or
negotia}pion of the franchise.
b. The foregoi^.g shall not constitute a material breach if the violation
occ,,=s but it is without fault of a Grantee or occurs as a result of cir=nstances
bevond its cent-ol_ Grantee shall not be excused by r.►ere ecwj=LLc hardship nor
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by misfeasance or malfeasance of its shareholders, directors, officers, or
ell=
_.Loyees.
c. The City may rake a w_-itten denand that a Grantee ca. -ply with any such
provision, rules, order, or detemination under or pursuant to this ordinance and
frar_ciiise agreeae*it. if the violation by the Grantee continues for a period of
thirty (3 0) days follow- n g such written. demand without writ -men proof that the
corrective act—Jon. has been take—n or is being actively and expeditiously pursued,
the City may place the issue of tennin,ation of a L—..nch-se before the City
Council. The City sh—Ol cause to be served upon Grantee at least t-vjenty (20) days
Dry or to the date of such a Council meeting, a written not ice of Li ntes t to reaues t
such te= aticn and the t, im and place of the meeting_ Public notice shall be
given of the .vneeting and issue which the Council is to consider.
d_ The City Councii shall hear and consider the issue and shall hear any
person interested tre=ein, and small detemine in its discretion, whether or not
any violation by the Grantee has occum-red.
e. If the City Co=ncil shall dete inti^ *ie the violation by a Grantee was the
fault of Grantee and withim its control, the Cotzcil may by resolution declare
that the fraP.0^1se of the Grantee shall be forfeited and te.LiPi* ted up -less there
is =,=Lance within. such peiod as the City Ccuncil irav fi-x, such period not to
be less than sixty (50) days, provided no oppo_rturity for crampliance need be
granted for fraud or 1 isre=resenta-tion.
f. The issue of forfeiture and te=.tinaticn shall autaratically be placed
upon the Council age.^.ca at the expiration of the time. set icy it for carcliance.
The Council then slay tesrzziate a fra.cnsse forthwith t_=n f3z,-d3ng that Grantee
has failed to achieve ca=iiance or may further extend the period in its
discretion.
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5.15.190 Security Fund.
a. Within thir-v (30) days after the award or renewal of a franchise, a
Grantee shall deposit with the City a corporate surety frond in -E e amount of
$50,000. The bond shall be used to insure the fai uhful perforce by a Grantee
of all provisions of this ordinance and resulting franchise agreement; and
ccrzpliance with all orders, permits and directions of env agency, ccaanission,
board, depa_rt-,ent, division or orrice of the City having jurisdic=tion over its
acts or defaults under a franchise and the payment by the Grantee of any
penalties
licuidated damages, clai*ns , 1 l ens and waxes due the City which arise by reason of
the const -ruction, operation or r. -Linter. nce of the systr*n, in-clu i -g cost of
removal or abandonment of anv nronerty of Grantee.
b. T -_-ie corporate surety bond shall be main'-=; at $50,000 during the
entire te_� of a franchise, even if amounts have to be wittbdrawn pursuant to
subdi vision a. or c. of this section. The Grantee snail keep the sane in force
and effect at all t z -es throughout the existence of the franchise and Thereafter
until Grantee has lim:idkted all of its obligations with the City that shay have
arisen fry the accenrtance of the francri se ordinance by Grantee or frc m the
exercise of any right or privilege granted hereunder, including the rerrmval of all
Wiles, wires, cables, unde-rground conduits, manholes, and other cam-iductor s and
fixtures incident to the ma—intp-nance and operation of its cablesystem, should
such rerrnal be required b<t City Council or undertaken by Grantee upon the
termi a},ion of the franchise.
c. if a Grantee fails to pay to the City any c=p--nisaticn within the time
fixed 'herein_; or fails after ten (10) days' notice to gay to the City any taxes
due and unpaid; or fails to repay the city within ten (10) days any damages, costs
or ex—n-anses which the City is ccamelled to pkv by reason of any act or default of
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the Granteein connection with a franc: se; or fails after ten (10) days' notice
by the City of such failure to comply with any provision of a franchise which the
City reasonably det---uses can be remedied by demand on the corporate surety bond.
The City may immediately require payment of the amount thereof with interest and
any penalties frann the corporate surety bond.
d. The rights reserved to the City with respect to the corporate surety
bond are in addition to all other rights of the City whether reserved by a
frarcrzise or auth rized by law, and no action, proceeding or exercise of a right
w - En respect to such corporate surety bond shall affect any other ricr_t the City
nay have.
5.16.200 Cons' rzc,`...ion bond.
a. with -Lin thirty (30) days after the award or renewal of a franchise, a
Cra,=--e sha l obtain and ma—intain at its cost grid exoe_nse, and file with the City
Clerk, a corporate surety bond in a cor.�-ny authorized to do busiuriess in the state
of California arid found acceptable by tt e City Atto�l ey , in the amount of five
hundred thousand dollars ($500,000) to guarantee the tiniely construction, rebuild
or reconstruction and full activation of the cable system and the safeguarding of
damage to private property and restoration of damages incurred with utilities.
The bond shall provide but not be ''i-'ito the following condition. There
shall be recoverable by the City, join y and severally from the principal and
suret,r, any and all damages, loss or costs suffered ny the City resulting from the
=a-, ---e of a Grantee to satisfactorily complete corstzuction, rebuild, or
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reconstruction ar_d fully activate the cable sastum throughout the franchise area
ursuant to the terns and conditions of
pthus ordinance and the franchise agreement.
b. Anv extension to the prescribed construction tiro limit must be
authorized by the Council. Such extension small be authorized only when the
Council finds that such extension is r_ecessa_-y and appropriate due to causes
beyond the control of a Grantee.
c. fibs constiiction bond spall be te=iirated only after the Council finds
that a Grantee has satisfactorily cc=leted initial construction and activation or
reccnstructi on of the cable systin pursuant to the tens and conditions of this
ordinance arta the franchise agreamunt.
d. The rights reserved to the City with respect to the construction bond
are in addition to all other rights of the City, whether reserved by this
ordini ce or authorized by law, and no action., proceeddirig or exercise of a right-
with
ightwith respect to such construction bond shall affect any ober rights the City may
have.
e. The construction bond shall contain the following endorsement:
"it is hereby understood and agreed that this bond may rat be cancelled by
t:w surety nor the intention not to renew be stated by the surety until
sixty (60) days after receipt by the City, by registered mail, of written
notice of such intent to cancel or not to renew."
5.15.210 Construction_ practices.
A. Any poles, cable lines, wires, conduits or other properties of the
grarmeeshall be constructed or installed in stye -s in accordance with good
e_^_gi .nee..ring practice at such locations and in such manner as is approved by the
director of public works and shall cor=om to all applicable codes and laws-
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B. The grantee sr�ll not inst--.1111 or erect any facilities or apparatus in or
en other public property, places or rights-of-way, or within any privately-awmed
area within the city whic:. has not yet become a public street but is designated or
delineated as a proposed public street an any tentative subdivision map approved
by the city, except those-unstalled or erected upon existing or future public
utility facilities, with -out obt-aining the prior written ap croval of the director
of public u -o ks and the owner-subdivid- -.
C. Di those areas and portions of the city where the transini ssion and.
distribution facilities of both the :ublic utility providing telephone service and
those of ti:e uUility p_-ovidi:.g electric service have beee*z or are to be placed
underground, then the grantee, upon recuest by the director of public
;corks so to do, shall li:tewise initially construct, install, operate and maintain
its trarsm:ssion and distribution facilities underground. For the purposes of
tr-s subsection, "undergrcuc.d" includes a pa=tial underground system. A=llilers
in t: -,e grantees trap_= lsslcn aIid dlsi=?butlon 1—es mzy be 1n appropriate
iAllSL^.Cs as approve.^ by : e dl_*e'.:to of pL, ' is works. The city shall not in any
,zar :er be responsible for a^.v costs j -recurred by any grantee in placing his
proper �y undarrgrouP.d.
5.15.220 Removal or abardor ent of facilities.
A. Ln the evert that the use of any part of the cable system is
discontinued for anv reason for a centLinucus. period of six months, or in Lhhe event
Suez systen or prcne--t,/ ras been iTs lied in any street or public place without
ccralyirg with the re-cmdrements of this chapter, or the franchise has been
te-ntisia-ted, cancelled or has expired, the grantee s -11 promptly, upon being given
ten days' written notice, re-cve from the streets or public places all such
proper' -y and poles o' such system otter than any winich the director of public
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works may pet-adto be abandoned ir: place. In a^_e eve -at of such removal, the
grantee shall promptly restore to street or other area rc m uiuch such property
has been n roved to a condition satisfactory to to director of of blic works.
B. Any property of the grantee remaining in place sixty days after the
te_rZnation, forfeiture or expiration of the franchise shall be considered
pe-- a.nently abandoned. The director of public works :may extend such time.
C. Any prope---ty of the grantee to be abandoned in place shall be ab ndoned
in suc-h a man*:er as the dirzctor of public works prescribes. Subject to the
==vision Oz any joint use at:.--ch=a-- it agree_'iy-Ynt, upr.-n of
the property o= the Carii ee in place, i �'a Drones' -i shall Deco n that of t le city
and the grantee shall suianit to the director of, pub -11c works an inst=mnt in
writing, to be approved by the city attorney, trz^ste_rrsg to the city the
ownership of such orope--t�r.
5.15.230 C2:arges reouired by zublic _=rov,-: nts.
The grantee shall, at its expense, protect, s• -=.,-)ort, terporarily disconnect,
relocate in the samee street or other public place, or renove mom the street or
other public place, any proper`y of the grar_tee when re Mired by the director of
public works by reason of traffic conditions, public safety, street vacation,
freeway and street construction, cn?nge or es,..abLshannt of street grade,
installation of sewers, drains, water- pipes, power lines, signal lines and tracks
or any other type of structures or i-.qprovenents by public agencies; provided,
however, that the grantee shall in all such cases have the privilege and be
subject to the obligatiors to abandon any property of the grantee in place, as
provided in this chapter.
5.15.240 Failure to ccmlete work.
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Upon failure of tt?e grantee to cc mr,ence, 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 gime prescribed, and to the
satisfaction of the director of public works, the director of public works fray, at
his option, cause such wcrk to be done and the grantee shall pay to the city the
cost thereof in the itemized anamts reported by the director of public works to
the grantee within this -Ly days a ter receipt of such itemized report.
5.15.250 Insurance.
A. The grantee mall indemnify the city, its officers and its e=loyeees
against all clairis , den -n s , ac=: i ons , suits and roceed:Lrigs by others, agai r_st all
liability to others, and against any loss, cost and expense resulting therefrom.-,,
including reasonable attorneys' fees, arising out of the exercise and enjoyment of
its franchise i,-resuective of the amount of the c rshe:asive Iia i lity i.--s—u ance
=olicv reaui red ur-der 'his sect_cn.
B. lne grantee s^all at all tines during the existence of any =anchi se
issued under this chapter irain'win in full force and effect, at its own cost and
exp-nse, a general comprehensive liability insurance policy, in protection- of the
city, its officers, boa;ds, cor¢zissions, agents and employees, in a cair�Tjy
approved by the city attorney and in a form satisfactory to the city attornev,
protect:Lng the city and all persons against Liability for loss or damage for
personal injury, death and prope--ty damage, occasioned by the operations of the
crantee under such a francnsse, a^:d for property damage, provided that the iraxar zzi
arlcunt for wiich liability shall be assumed, and requirements for the City of Lodi
being named an additional insured, and arty other insurance requirements shall be
as set and required f_ -CM time to time by resolution of the City Council. A copy
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of such policy or policies, or certificateS of insurance s1howing the existence of
such insurance coverage, shall be filed by the grantee with the City Clerk.
C. The rolicies mentioned in the subsection B of this section shall name
the city, its officers, boards, aarissions, agents anal employees, as additional
insureds, shall contain a contractual liability endorsement approved by the city
attorney and shall contai_-! a provision . trot a written notice of any cancellation.
or reduction in coverage of such policies shall be delivered to the city manager
t -+i,_ tv days in advance of the effective date of the cancellation or reduc-acn.
5.15.250 Richt of inspection—PLa-is and records_ A_ At all reasonable tires,
the grantee shall pe=.it any duly authorized represent-at..ive of the city to examine
all property of the grantee, together with any a. ^u—^" --cant property of the grantee
situated within or w;thcut the city, and to and transcribe any and all
maps and other records kept or ma;,trued by tiro grantee or under its control
whdch deal With the onerations, affairs, 4xz-ansactions or property o.6 the grantee
in relation to its fran&-ise. if any maps or records are not kept in the city,
a-nd =on reasonable reuuest they are not rade available in the city, and if the
council deternires that an exams- ati cn of them is necessary or appropriate, then
all travel and maintenance experse necessarily ir_ca.-red in making such examination
shall be paid by the grantee.
B. The grantee shall prepare and f=l nish to the director of public works
a:_d the city manager at the times and in the form prescribed by either of such
officers, such reports with respect to its operations, affairs, transactions or
property, as may be reasonable, -ecessar_i or appropriate to the perfo-mance of any
of the rights, functions or duties of the city or any of its officers in
cc*inection with the f-ancrise.
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C. The grantee shall at all tries make and keep in the city full anal
c=lete pians and records showing the exact location of all cable syst=i
equipment installed or in use in streets and other public places in -the city.
D. When any portion or the cable system is to be installed on public
utility poles and facilities, ce t ified copies of the agreements for such joint
use of malas and facilities shall be Filed with the director rector of public works.
5.16.270 Service standards.
a. A Grantee shall put, keen, and r--zintai r all par's of the syst�n in good
condition throughout tine erti re franchise period.
b. upon ter -mi -nation of service to any subscriber, a Grantee shall prc=mt_v
remove all its facilities and ermd_otaent from. the pre -anises of such subscriber upon
subscriber's request, unless said service serves rulti.ple users.
c. Grante—shall render efficient service, retake repairs prcxrptt y, and
interrupt service only for good cause anal for t��, shortest time possible. Stich
insofar as possible, shall be preceded by notice and shall occur
d,ri-�g periods of miiiirarn syste*n use.
d. Grantee shall not allow its cable or other ope=at.icns to interfere wit. ,
television recention of persons not sezti�d by Grantee, nor shall the systems
=-L.arfeze with, obstruct or hit ?d r izi any ranter, the operation of the various
utiLties se.,-vir_g the residents of the Citv.
e. A Grantee shall continue through the term of the franchise to r.+aintain
the technical, operational, and nainterance standards and quality of service set
forth in this ordinance and francl se agree. rment. Should the City final, by
resolution, that a Grantee has failed to rairtain Lruase standards and quaff i tv o=
service, and should it, by resolution specifically enumerate L-mrovements to be
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made, a Grantee shall make such improve -rents. Failure to matte such imprcma*ents
wi--'= foamy -five (45) days of such resolution will constitute a material br=each
of condition for which the remedy of Section 5.15.100 is applicable. (Liquidated
Damages.)
5.15.280 Continuity of service nwdatorv.
a_ It shall be the right of all subscribers to continue receiving service
insofar as their financial and other obligations to a Grantee are honored.
In the event of a change of Grant -e, or in the event a new operator accu.ires
the system, a Grantee shall cooperate with the Cit_;, new Cranteee or operator in
maintaining continuity of service to all subscribers. Dumr-L g such period, Grantee
shall be entitled to the revenues for any period during whildi it operates the
system, and shall be entitled to reasonable costs for its se ---vices when it no
longer operates the system_
b_ In the event Grantee fails to opez-ate t�-- sysw*n for ninety-six (96)
consecutive hours without prior approval of
the City or w-ithnat just
cause,
the
City may at its option, operate the system
or designate an operator
until
such
time as Grantee restores service under conditions accept -able to tbe
City
or a
per,70ne: t operator is selected. If the
City is reaiired to fulfill
this
obligation for a Grantee, the Grantee shall
reimburse the city for all
reasonable
costs or damages in excess of revenues :Ere¢n
the systen received by the City
that
A re the result of the Grantee's failure to verforn.
5.15.290 Performance evaluation sessions_
a_ The City and a Grantee shall hold sere tiled performance evaluation
sessions within thirty (30) days of +she fourth, eighth, twelfth, and sixteenth
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anniversary dates of a Grantee's award of the franchise a.*+.d as may be required red by
federal and state law.
b. special evaluation sessions may be held at any time during the term of a
franchise at the request of the City or the Grantee.
c. All evaluation sessions shall be ope_T to the public and announced in a
newspaper of general circulation in accordance with legal notice. Grantee shat
notify its subscribers of all evaluation sessions by announcement on its syst�--n
between the hours of 7:00 p.m. and 9:00 p.n. for five (5) consecutive days
preceding each session.
d. Topics whi c:*: may be discussed at any scheduled or special evaluation
session may include, but not be limited to, service rate structures; franchise
fee; liquidated damages; free or discounted se --vices; apolication of new
technologies; system perfo=re ce; serr ii.ces provided; prog_ananing offered; custcrer
cerplaints; privacy, 2r--ndaents to this ord_^,a.nce; judicial and FCC rulings;
line extension =clicies; and Grantee or City rules.
5.16'.300 New d--A--l=e=ts.
a. subsequent to each Perf=.ance Evaluation Session as set forth in
Section 5.15.290, the City, Council shall have the authority to order a public
hearing or_ the provision of additional channel capacity by Grantee or on the
inclusion in the Grantee's cable system of "state of the art' technology or
upgraded facilities. No -rice of such hearing shall be provided to Grantee and the
Public not later than th-1:.rty (30) days prior to such nearing.
b. If after such heari:-:g the City Council deter• ,liras that (1) there exists .
a reasonable need and de7ar+.d for additional channel capacity and/or state of the
art technology or upgraded facilities, and (2) provision has been made or will be
Wade for adern:ate rates w;+ich will allow Grantee a fair rate of return on its
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;k' �
inves—�zent (including the inves t ent reg,. fired to provide -the additional channels
and/or the state-of-the-art technology or upgraded facilities), and (3) will nor-
result
otresult in economic loss for the Grantee, the City Council may order Gran -tee to
provide a specified n=rber of additional channels and/or specified state-of-the-
art tecrmology or upgraded facilities. without =plying any limitations as to
other provisions of this ordinance, this Section is deemed a Material provision
within the meaning of Section 5.16.180 of this ordinance.
5.16.310 Filings with city. All ratters provided in this chapter to be filed
with the city, unless provided othxwise in this ch3zrte--, shall be filed with the
city manager.
5.16.320 Fiscal Reroort.
The Grantee shall file arzually with the city =znager no later than one
hu^.dred twenty (120) days after the end of the Grantee's fiscal year, a copy of a
financial report applicable to the cable system serving Lodi, or its corporate
annual report, including an income statement applicable to its operations during
the preceding twelve (12) month period, a balance sheet:, a statement of its
prcpe_rties devoted to the cable system operations, by categories, giving its
inves=,,ent in such proper`—les on the basis of original cost, less applicable
depreciation, a statement of sources and application of ft, -.ds; and a statement of
current subscribe=s and peaetratior_ reached for each class of cable service.
nese reports shall be certified as correct by an authorized officer of Grantee
and ;Mere shall be submitted along with then such other reasonable information as
the City shall request.
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k
5.16.330 Refusal of service.
Subject to Section 5.16.130, no person or entity in the existing service
area of the grantee shall be arbitrarily refused se_' -vice; provided, however, that
the grantee shall not be required to provide service to any subscriber who does
not pay the applicable connection fee. or montldy service charge or any other
charges as provided by this chapter or any resolution granting the franchise.
5.16.340 Service contract.
A. Before the grantee shall provide cable se= -vice to any subscriber, the
grantee shall obtain a signed cont=act fr= the subs=iter cozat ming a provision
substantial -1v as follows:
Subscriber understands that in providing cable service (Grantee) is raa-=ng
the use of public rights of way and that the continued use of these public
rights of way is in no way guaranteed. in the event the continued use of
such rights of way is denied to (Grantee) for any reason, (Grantee) will
make every reasonable effort to provide service over alternate routes.
Subscriber agrees he will make no claim nor undo_ -take any action aca; Fist tine
City of Lodi, its officers, its employees, or (Grantee) if the service to be
provided by (Grantee) hereunde~ is interrupted or discontinued because the
continued use of such rights of way is denied to (Grantee) for any reason.
B. The for,n of the grantee's contract with its subscribers, shall be
subject to approval of the city manages with respect to the installation of this
:.rovision.
5.1-6.350 Television sale or repair.
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The grantee or aror of its errloyees during their course of employment shall
not engage in the business of selling or leasing television or other receivers
which make any use of signals transmitted by its system, nor shall the grantee or
any of its employees during the course of their employment engage in the repair of
such receivers or the sale of parts for the same_ This restriction shall not
a^ply to a converter that increases the capacity of the system that may be sold or
leased by the grantee to a subscriber.
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5.16.360 Free service.
The grantee shall provide free of charge a service drop for cable service
for all public and nonprofit private schools, city police and fire stations, city
recreation centers, and any additional municipal buildings designated by the city
council, provided that such locations are passed by transmission cable maintained
for tae service of paying subscribers. If the service drop exceeds one hundred
fifty feet, the grantee may charge for the excess footage on the basis of time and
naterials.
5.16.370
Moving of buildings.
The
grantee shall, on the
request
of any person holding a building moving
permit issued by the city, temporarily
raise or lower its wires to pez it the
movi,^.g of
buildings- ngs . The actual
ex ------se
of such t--,=oraTy removal or raising or
lowering
of wires shall be paid
by the
pezittee. The grantee shall be given
rot less
than five working Bays
ad'vancenottice to arrange for such tum -mora --r wire
changes .
5.16.380 Unauthorized connections — Taming.
A. It is unlawful for anv person, firm or corporation to make any
unaut-horized connection, u -tether physically, acoustically, inductively,
electronically or otherwise, with any part of a fra^_chised cable system within the
city for the purpose of taking or receiving television signals, radio signals,
pictares, programs, sound or electronic irmulses o= any kind for the purpose of
enabling himself or others to receive any such television signal, radio signal,
picture, progra-n, sound or electronic in:rulses_
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B. It is unlawful for any person, without the consent of the gran tee, to
willfully tm-per with, re mve, obstruct or injure any cables, wires, devices or
ec_uipn^=L- used for the di.stribution of television signals, radio signals,
pictures, prograis, sound or electronic impulses of any kind.
5.15.390 Transfers and assignmenTs.
a. A franchise shell not be sold, assigned or transferred, either in whole
or in part, or leased, sublet, nor sell title thereto, either legal or equitable
or any right, interest or prope:-ty therein, pass to or vest in any person without
the prior written consent of the City. Such consent shall not be withheld
unreasonably.
No such consent shall be required for a transfer in trust, mortgage, or
other hypothecation as a w Zole or in part to secure an indebtedness.
The proposed assignee must show technical ability, financial capability,
legal qualifications and general c^a_racter qualifications as detennined by the
City and must agree to ccm, 1v with all provisions of the franchise and such
conditions as nag be mresc--Lbed by Cot-mcil expressed by resolution. City shall be
de --red to have consented to a proposed transfer or assignment in the event its
refusal to corse -Tit is not c ,ur znica;.e3 in writing to Grantee within one hundred
,wrezr ty (120) days foLowing receipt of written notice of the proposed transfer or
assignment.
b. The Grantee shall prc*ptly notif=y the City of any actual or proposed
change in or transfer of, or acquisition by any other party of, control of the
Grantee. The cord "control" as used herein is not limited to major stockholders.
but includes actual work::"-ig control in whatever manner exercised_ Every change,
transfer, or acquisition sition of con sol of the Grantee shall make the franchise
srbject to cancellation finless and until the City shall have consented thereto,
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utdch consent will not be tr=easonably wi trzheld. For the purpose of dete rCT--� ng
whether it shall consent to such change, transfer or a cudsition of control, the
City may inquire into the qualifications of the prospective controlling party and
the Grantee shall assist the City in any such inquiry.
c. A rebuttable presu rpti on that a transfer of =Ti trot has occurred shall
arise upon the acquisition or acc=.-amlaticn by any person or group of persons of
10 percent of the voting interest of the Grantee.
d. The consent or approval of the City Council to any transfer of the
franchise small not constitute a waiver or release of the rights of the City in
and to the streets, and any transfer shall by its tams, be expressly subject to
the tez s and conditions of a franchise-
e. In any absence of extraordinaz-y circi.zms tarces , the City will not approve
any transfer or assign_*ment of a franc - se prior to substantial ca=letion of
construction or reconstruction of proposed systema.
L in no event shall a transfer of ownership or cv trol be approved without
successor in interest becrsai^A a signatory to the franchise agre--nent.
5.15. 400 Access charnels.
a. Each cable syste*n franchised by the C? ty of Loci sh 1 1 provide at least
one (1) charmel dedicated to access for use by the pub1ic as well as gavermental
and educational agencies.
b. If the access charnel is being utilized ,.ro_e tiza^_ eighty percent (80%) of
the tire between 4:00 a.m. and 11:00 p.m. for twelve (12) consecutiveweeks,
Grantae shall, upon written notice from., t1he City, mak-- additional ceamm ity access .
ch--mel(s) available for the same purposes(s) , with a m xL-=u of three (3)
unity access channels to be dedicated for these said PL, --.Poses (s) .
c. Notn i ng . in this section shall require Crantee to construct additior_al
channel capacity to the system for the sole purpose of providing additional access
channels.
d. Wherever anv access char= el is utilized less than four (4) hours per
day for six (5) days per week for twelve (12) consecutive weeks, the Grantee may
be pe_rmittec3 to utilize unused access channel capacity for different and
additional p=oses, under =ales and procedures established by the City.
e. Grange shall record all requests for use ofaccess channel.
whenever such records indi cate in the opiT.ion of the City COIL-, that an
excessive =_=tuber of people or programs are being turned away for lack of available
access channel capacity; or whenever the criteria in pa_-agra^n (b) are e=eeded
for any one of the existing access cha-mel uses, those access charnels which have
been pernu.tted by the City for "interim" use by a Qmntee shall each be restored
to publ-Lic, gone nu: -=--1 or educational use as applicable.
5.15.410 Waivers.
a. Any provision of t'iis Ordi^i----ce may be waived at the sole discretion of
the City by resolution of the City Cou-�.c=1 _
b. Grantee may submit a reciest for waiver to the City Council at any .
during the franchise tern_ Such request for waiver I. -,ay, at the sole discretion of
the City Council , be set for public hearing and a decision shall be made withi -I
one hundred and twenty (120) days following the su��ssion. Procedures for
nullification of franc^.ise obligations shall be in ca= --i with SecLior. 525 of
the Cable Comrrn:nicatior_s policy Act of 1984.
C. The City Council may authorize the economic, technical or legal
evaluation_ of such waiver request and Grantee shall be recuired to reimburse the
Citv for anv expenditures inc=-ed by City in connection with such evaluation_
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d. This section is enacted solely for the convenience and benefit of the
Grantor and shall not be construed in such a Manner as to create any right or
entitlement for the Grantee.
5.16.420 Reauired services and facilities.
a. A Franchise application shall include a description of- the grantee's
system design anal a description of the broad categories of progra-,, i.ng and
services being offered, including optional premie services, a desscription of
facilities being proposed for local origination prog-r-a-mlL g, and facilities being
offered to various commix- ty institutions. The offer of the broad categories of
programming and services contained within a Grantee ' s a=!-, cation shall be dee*ied
a birdir_g offer of such Grantee for and to the be_nef of the City and }zte
subsc=-i bens of Grantee. In the event, a program originator ceases to provide a
service, or in the event the Grantee deta=.-dnes that o'z:!7e-- cable services may be
of great`- benefit to subscribers, the Grantee may, Subject to subsections b and
c, substitute or drop such services.
b. The system, after the inco:peration of suc:-z substitute services, shall
satisfy the wa-ranty mad=_ by Grantee to subscribers and poten� ai subscribers in
its application for a �-anchise_ The City Council, on behalf of system
subscribers, shall have the right to review any substitution of service or change
in broad categories of prograr:r u ng that the Grazi t e has made and may order a
change therein if it determines, after due hearing on no~-ce, that the warranty
has been violated or that certain broad categories of programing and services.
sat were camutted by Grantee in its Proposal are not bung delivered_ Any such
order shall issue only after a public hearing has been scheduled and held; and
written notice of such hearing shall hzve been provides to the Grantee and to tete
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t
public at least 30 days prior to such hearing. Any such order xray be enforced by
an appropriate action in the Cou1-ts of Califon za or of the United States. A
Grantee shall not, in relation to this sec -tion, be dee—Ted to have waived any right
accorded to a franchised cable television operator arising under the First
Anendrzwft to the Constitution of the United States, or under the Cable
Craa:aini.cation.s Policv Act of 1984.
c. Notwithstanding subsections a and b, a Grantee arnav, in accordance with
the Cable Caamn-lcations Policy Act of 1984, upon 30 days' advance notice to the
City, rearrange, replace or remove a _articular cable service reo iced by the
franchise if:
(1) such service is no longer available to the G_~antee ; or
(2) such service is available to the Grantee only upon the paymemt of
a royalty recused under section 801(b)(2) of title 17, United States Code,
wt- ctl the Grantee can docLmient:
(a) is substantially excess of the amount of such payment
rem ired on the date of the Grantee's offer to provide such service, and
(b) has not been specifics' l y ccrmJexnsated for through a rate
increase or other adjustment.
Notwithstand—ing subsections a and b, a Gra-:tee ray take such actions to
ra._a-range a particular serL- ce from one service tier to another, or otherwise
offer the service, if the rates for ail the e service tiers involved in such
actions are not subject to regulation.
Section 5.15.430 Construction and technial standards.
a. Co=liance With construction ant tecI-mical standards.
Grantee shall construe, install, operate and maintain its system in a
I:a:.ner consistent with all laws, ord-Lna-ices and cons-true-tion--ta,ndards of the city
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of icdi; The Standards of Good Engineering Practices for Measurements on Cable
Televisicn Systems, published by the National Cable Television Association, 1983;
and detailed standards submitted by Grantee as pa --t of its application, which
standards are incorporated by reference in the f=^anchise agreement. in addition,
Grantee shall provide the City, upon request, with a writtfi-an report of the results
of Grantee's an-nual proof of performance tests. In the event of the repeal of FCC
Rules anal -Regulations, Part 76, Gr= -?tee shall pay the costs incurred by the City
for any technical assistance deemed necessary by the City for obtaining
indeoe.^_dent verifica -Ton of technical ccsmliance with all standards. This
includes t_ne costs that iray be incurred by the C? ty for checking ccarpLance during
the evalua`aors required in Section 5-16.290-
b. A.0-dit.ioral sDecificatiors
Construction, installation and ra; ntenance
of the cable syste It shall
be
perfo=zied rr. an orderly and worcrarr.ke rnar_er.
.-moi cables a_ d
wire Sha11
be
installed, wtere possible, parallel with and in
the saw r-anzze=
as electric
and
tele hone lines_ Miltiple cable ccnfigt:raticrs sh-?, ; be a_=ar_ged
in parallel
and
bundled with due respect for engineee ing
ccnsid=-ations.
Underground
irs-Ln small be in confo=ance with amlicable codes.
Grantee sham at all dries conmly with:
(1) National Electrical Safety Code (National Bureau of Standards) ;
(2) National Electrical Code (National Bureau of Fire Underwriters);
(3) Bell System Code of Pole Line Const --action; and
(g) The Standards of Good Engineering Practices for Measurer.ents on Cable
Television- Systems (National Cable Television Association) , 1983.
-�8-
1
Furtu':e..rPl'Jre, the system, small not endanger or i-nterfere with the safety of
persons or property in the franchise area or other areas where the Grantee ray
have eauim-ent located.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are
rerealed insofar as such conflict sav exist.
=- IOIT 3. This ordinance shall be published one time in the "Lodi News
Sentinel", a daily newspaper of general circulation printed and published in the
City of Lodi and shall be in. force ad. take effec.: thirty clays f= and aft`- its
passage and approval.
Apnro )Tis 18th 7cayf De r 1985
f$MYOR
Attest:
AyIa M. PZ^- =-
Ci ty
State of . Ca, ; fornia
CoLnty of. San Joaquin, ss.
1, Alice I . Rei-nche , City Clerk of tete City of Lodi, do he-Teby certify that
Ordinance No. 1370 was intr-oduced at a regular meeting of the City Council of the
City of Lodi held December 4, 1985 and was thereafter passed, adopted and ordered
to print at a regular meeting of said Council held December 18, 1985 by the
following vote:
Ayes: Council Members - Olson, Pinkerton, Reid, Snider and iiinchrran
Noes: Council Plembers - None
Absent: Council i'i--rbers - None
Abstain: i n : Council Meriber s - None
0
T_ Tu - t -her ce_rti� that Ordi nar_ce No. 1370 was approved and signed by the Mayor on
the date of its passage and the same has been published pursuant to law.
nnroved as to Worn
ROIZU.D M. S'TEEI V
City Attorney
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ALICE M. EiI1t�
City Clenk
Chapter 5.16
COMMUN= CABLE
TELEVISION
SYSTEM FRANCHISES
Sections:
abandonment of
5.16.010
Definitions.
5.16-020
Franchise required.
5.16.030
Grant of authority.
5.16.040
C 5.16.030
Application.
Grant or refusal.
5.16.060
Acceptance.
5.16.070
Conditions.
5.16.080
Duration—Renewal of
franchise.
5.16.090
Payment.
5.16.100
Financial statement—
Audit—Nlinimum
5.16.290
payment.
5.16.110
Rates for service.
5.16.120
Limitations.
5-16.130
Rights reserved by city.
5.16.140
Complaint procedure.
5.16.150
Refunds.
5.16.160
Liquidated damages.
5.16.170
Commencement of
5.16360
construction and service.
5.16.180
Forfeiture and
5.16380
termination.
5.16.190
Secutiry fund.
5.16.200
Construction bond.
5.16 210
Construction practices.
assignments_
73
k,
5.12.160
5.16.220 Removal or
5.16.010 Definitions.
For the purposes of this chapter, the
following words and phrases shall have
the meanings respectively ascribed to
them by this section:
A. "Access channel" means a single
channel dedicated in whole or in part for
(Lodi 3.86)
abandonment of
facilities.
5.16.230
Changes required by
public improvements.
5.16-240
Failure to complete
work.
5.16.250
insurance.
:5.16.260
Right of inspection—
Plans and records.
x.16.370
Service standards.
5.16.280
Continuity of service
mandatory-
andatory5.16290
5.16.290
Performance evaluation
sessions.
5.16.300
New developments.
5.16310
Flings with city.
5.16320
Fiscal report.
5.16330
Refusal of service.
5.16340
Service contract.
S.I6350
Television sale or repair.
5.16360
Free service-
ervice_5.16370
5.16-3770
Nloving of buildings.
5.16380
Unauthorized
connections—
Tampering.
5.16390
Transfers and
assignments_
5.16.400
;_ccess channels.
5.16AI0
lyaivers.
..16.E :iJ
_ e;;ui �Z ser -ices and
5.16.430
Construction and
technical standards.
5.16.010 Definitions.
For the purposes of this chapter, the
following words and phrases shall have
the meanings respectively ascribed to
them by this section:
A. "Access channel" means a single
channel dedicated in whole or in part for
(Lodi 3.86)
k
5.16.010
local programming which is not origi-
to retransmit the television signals of one
nated by a cable company.
or more television broadcast stations; (2)
B. '-Basic service" means any se -vice
a facility_ that serves only subscribers in
tier which includes the retransmission of
one or more multiple -unit dwellings
local television broadcast signals and
under common ownership, contrtol, or
public, educational and governmental
management, unless such facility or facil-
access channels.
ities uses any public right-of-way; (3) a
C. -Cable services" are defined as the
facility ofa common carrier which is sub-
one-w•ay transmission to subscribe s of
jem in whole or in part, to the provisions
video programming and other program-
of Title II of the Communications Act of
ming services together with subscriber
1984, except that such facility shall be
interaction, if any, which is required for
considered a cable system to the extent
the selection of such programming and
such facility is used in the transmission of
programming services that the cable
video programming directly to subscrib-
operator makes available to all sub -scrib-
ers: or (t) any facilities of any electric
ers generally. Examples of cable services
utility used solely for operating its elec-
incIude: video programming, pay -per-
frit utility systems.
view, voter preference polls in :he con-
F. "Local originationro mmin
text of a video program, teletexts, one-
ZP
wav transmission of any computer soft-
means programming locally produced by
ware, and one-way videotex services such
the company.
as news services, stock market informa-
G. "Franchise" means any nonex-
tion. etc. Noncable services would
clusiveauthoritygranted pursuanttothis
include: shop -at-home, bank-at-homne
chapter in terms of franchise or franchise
services, electronic mail, one-way and
renewal or otherwise to construct, oper-
transmission of nomideo data
ate
ate and maintain a cable system in the
and information not offered to all sub-
incorporated area of the city. The term
scribers, data processing, video con-
"franchise" includes the term "franchise
ferencing and voice communication.
renewal" in this chapter.
D. `'Cablecasting" is programming
H. "Franchise area" means all or anv
caned on a cable system, exclusive of
portions of the incorporated area of the
broadcast signals, whether originated by
city for which a franchise has been
the cable operator or anv other party.
granted under this chapter_
E. `'Cable system" means a facility
I. "Grantee" means the person to
consisting of a set of closed transmission
whom a franchise under this chapter is
paths and associated signal g=neration,
granted by the council and any lawful
reception, and control equipment that is
successor or assignee of such a person.
designed to provide cable service which
J. "Gross annual receipts" means any
includes video programming and which
and all compensation or receipts
is provided to multiple subscribers
obtained from and as a result of the oper-
within a community, but such term does
ation of a cable system by a grantee
not include (1) a facility that serves only
w•iihin the franchised area: except that
i
(Lo -di i dGl 74
k
5.16.010
such term shall not include receipis or
service ofa grantee. (Ord. 1370 § I (part.),
compensation for.
1985)
1. Installation, reconnection or any
other nonrecurring charges;
5.16-020 Franchise required.
2. The amount of any refunds. credits
No person shall extend, operate or
or other payments made to subscribers or
carry on the business of distributing to
users;
any persons in this city any television
3. ,any taxes on services furnished by
signals or radio signals by means of a
the grantee imposed directly or indirectly
cable system unless a franchise or
on any subscriber or user by any munici-
renewal of franchise therefor has first
pal corporation, political subdivision,
been obtained pursuant to the provisions
state or other governmental unit and col-
of this chapter, and unless such franchise
lected by the grantee for the governmen-
is in full force and effect. No person shall
tal unit, and
construct, install or maintain within any
4. The sale or transfer of tangible
street in the city or within any other pub -
property;
lic property of the city or within any pri-
6. The sale ortransfer ofthe franchise;
vately owned area within the city which
6. The issuance. sale or transfer of cor-
has not yet become a public street but is
poration stocks, bonds or other
designated or delineated as a proposed
C securities: and
public street on any tentative subdivision
7. Loans or gifts to the grantee.
map approved by the city, any equip -
K. "Person" means any person, fir -in,
ment or facilities for distributing any
association, organization, partnership,
television signals or radio signals through
business trusi, joint venture, corporation
a cable system, unless a franchise autho-
or company.
rizing such use of such street or property
L. "Property of grantee" means any
or area has first been obtained pursuant
property constructed, installed, operated
to the provisions of this chapter, and
or maintained by a grantee under the
unless such franchise is in full force and
authority of a nonexclusive franchis-.
eff:ct. (Ord. 1370 § I (part), 1985)
issued pursuant to this chapter.
M. "Street" means the surface of, and
5.16-0-V Grant of authority.
the space above and below, any public
A. A nonexciusive franchise to con -
street, road, highway, freeway, lane,
struct, operate and maintain a cable
alley, court, sidewalk, parkway, drive,
system within anv franchise area may be
public utility easement or other public
granted by the council to any person,
place as may be authorized by the coup-
whether operating under an existing
cil, existing as such as of or after the effec-
franchise or not, offering to furnish and
live date ofthe ordinance codified in this
provide a system pursuant to the terms
chapter within the incorporated area of
and provisions of tris chapter. No provi-
the city,
sion of this chapter shall be construed as
N. "Subscriber" means any person or
to require the granting of a franchise
entity receiving for any purpose the cable
when in the opinion ofthe council it is in
75 (Loci 3-86)
5.16.030
the public interest to restrict the number
E. The construction, maintenance,
of grantees to one or more. Neither the
and operation of grantee's cable system
granting of any nonexclusive franchise
and all property of grantee subject to the
under this chapter nor any of the proyi-
provisions of this chapter shall be subject
sions contained in this chapter shall be
to all lawful police powers, rules and reg -
construed to prevent the city from grant-
ulations ofthe city. The city shall have the
in; any identical, or similar, nonex-
power at any time to order and require
elusive franchise to any person within the
grantee to remove or abate any pole, line,
city.
lower, wire, cable, guy, conduit, electric
($) Successful applicants chosen by
conductor, orany other structure orfacii-
the city council will be granted the right
ity that is dangerous to life or property. In
and privilege to construct, erect, operate
the event grantee, after written notice,
and maintain, in, upon, along, across,
fails or refuses to act, the city shall have
above, over and under the streets, alleys,
the power to remove or abate the same at
public ways and public places now laid
the expense of the grantee, all without
out or dedicated and all extensions
compensation or liability for darnages to
thereof and additions thereto in the city
grantee. (Ord. 1370 § 1 (part), 1980
poles, wires, cables, underground con-
duits, manholes, and outer cable conduc-
5.16.040 Application.
tors and fixtures necessary for the
A. An application for a franchise or
maintenance and operation in the city of
franchise renewal under this chapter
a cable system to be used for the sale and
shall be in writing and accompanied by a
distribution of cable services to the resi-
payment to the city in an amount to be
dents of the city,
established and amended from time to
C. Any privilege claimed under any
time by resolution of the city council_ An
such franchise by the grantee in any street
application shall contain the followin-
or other public property shall be subordi-
information.
nate to any prior lawful occupancy of the
1. The name and address of the appli-
streets or other public property.
cant. Ifthe applicant is a partnership, the
D. Insofar as it is not inconsistent
name and address ofeach partner shall be
with or otherwise preempted by federal
set forth_ Ifthe applicant is a corporation,
or state regulation, the city council also
the application shall state the names and
grants the right and privilege to suc-
addresses of its directors, main officers,
cessful grantees to provide noncable
major stockholders and associates, and
communications services. The city coun-
the names and addresses of parent and
cil retains all authority, not otherwise
subsidiary companies.
preempted, to regulate noncable com-
I A description of the manner in
munication services to the extent neces-
which the applicant proposes to con-
sary to assure the delivery of proposed
struct, install, maintain and operate the
noncable services, if any, and that they
cable system and the extent and manner
are in compliance with all regulatory
in which existing or future poles or other
provisions of this chapter.
public utilities will be used for the system.
(Lodi 3-96)
76
L
77 troth M61
5.16.040
3. A detailed description of the pro-
aerial extension cost may be charged to
posed plan of operation of the applicant
benefitted subscribers.
which shall include. but not be limited to
7. A statement or schedule in a form
the following:
approved by the city manager of pro -
a. A detailed map indicating all areas
posed rates and charges to subscribers for
to be served, how they are to be served
installation and services, and a copy of
and a proposed time schedule for the
the proposed service agreement between
installation ofall equipment necessary to
the grantee and its subscribers shall
become one hundred percent opera-
accompany the application.
tional, throughout the entire area to be
S. A statement setting forth all agree -
served;
ments and understandings, whether writ -
b. A detailed, informative, and refer-
ten, oral or implied existing between the
enced statement describing the actual
applicant and any person who is a party
equipment and the operational and tech-
in interest with respect to the proposed
nical standards proposed by the appli-
franchise or the proposed cable opera -
tion_ if a franchise is granted to a person
cants
4. A statement of the estimated costs
posing as a front or as the representative
ofthe installation of the proposed system
of another person, and such information
described in subdivisions 2 and 3 of this
is not disclosed in the original applica-
subsection..
tion, such franchise is void and of no
3. All applicants are required to
force and effect.
clearly the initial service area
9_ A financial statement prepared by a
delineate
certified public accountant or public
being proposed on a map of sufficient
accountant satisfactory to size council,
detail (see subdivision 3 of this subsec-
demonstrating appIicant's financial sta-
The
tus and its financial ability to complete
and all areas that will not receive services.
the construction or reconstruction,
6. All applicants shall agree to extend
installation and operation of the pro -
cable system upon request of any con -
stem.
posed syn
tiguous area not designated for initial
i0. A original application fora fran-
s�r in the plan when potential sub-
chile shall include a detailed financial
scribers can be served by extension of the
pian (pro forma) describing for each year
cable system past dwelling units equiv-
of the franchise, projected number of
alent to a density of forty homes per mile
subscribers, rates, all revenues, operating
of street. Extension shall be at grantee's
expenses, capital expenditures, deprecia-
cost. If undergrounding is required by
tion schedule, income statements and a
regulation, grantee must make installa-
sources and uses of funds statement. All
tion at grantee's expense. Where aerial
information is to be presented in the for -
extension is allowed by regulation but
mat to be prescribed by the city.
underground installation is requested by
B. The council may at any time
benefitted subscribers, the cost of under-
demand, and applicant shall then pro -
grounding that exceeds the estimated
vide, such supplementary, additional or
77 troth M61
41
x.16.040
other information as the council deems
reasonably necessary to determine
whether the requested franchise should
be granted. (Ord. 1370 § 1 (part), 1985)
5.16.050 Grant or refusal.
Upon consideration of any applica-
tion, the council may refuse to grant the
requested franchise or the council may
by resolution grant a franchise fora cable
system to any applicant as may appear
from its application to be in the opinion
of the council best qualified to render
good and efficient cable service to sub-
scribers in the proposed franchise area.
The application submitted, together with
any amendments, and this chapter shall
constitute and form pan of the franchise
if granted. (Ord. 1370 § 1 (part), 1983)
5.16.060 acceptance.
Within thirty days after the date of a
resolution awarding a franchise, or
within such extended period of time as
the council may authorize, the grantee
shall file with the city manager his written
acceptance in forms satisfactory to the
city attorney, of the franchise, together
with the required bond and insurance
policies, and his agreement to be bound
by and to comply with and to do all
things required of him Uv. the provisions
of this chapter and the franchise. Such
acceptance and agreement shall be
acknowledged by the grantee before a
notary public and shall be in form and
content satisfactory to, and approved by,
the city attorney_ (Ord. 1370 § 1 (part),
1985)
5.16.070 Conditions.
A. any franchise granted pursuant to
t
this chapter shall include, among other
things, the following condition:
The cable system herein franchised
shall be used and operated solely and
exclusively for the purpose expressly
authorized by Ordinance of the City of
Lodi and no other purpose what-
soever.
B. Inclusion of the statement set out
in subsection A of -this section in anv such
franchise does not limit the authority of
the city to include any other reasonable
condition, limitation or restriction which
it deems necessary to impose in connec-
tion with a franchise granted pursuant to
the authority conferred by this chapter.
(Ord. 1370 § I (part), 1985)
5.16.080 Duration—Renewal of
franchise.
A. The duration of the right, priv-
ileges and authorizations granted in a
franchise agreement shall be not to
exceed twenty vears from the date a fran-
chise is awarded. A franchise may be
renewed by the city upon application of
the grantee pursuant to the procedure
established in subsection B of this section
and in accordance with the then applica-
ble law.
B. renewal.
1. During the six-month period which
begins with the thirty-sixth month before
the franchise expiration, the city may on
its own initiative, and shall at the request
of the grantee. commence proceedings
which afford the public appropriate
notice and participation for the purpose
of:
i
(Lodi 3-86) 78
5.16.080
a. Identifying the future cable -related
provided over the syst:rn, has been rea-
community needs and interests: and
sonable in light of community needs;
b. Reviewing the performance of the
iii. The grantee has the financial,
grantee under the franchise during the
legal, and technical ability to provide the
then current franchise term.
services. facilities, and equipment as set
2. a. Upon completion of a proceed-
forth in the grantee's proposal; and
in; under subdivision 1 of this subsec-
iv. The grantee's proposal is reason -
tion, the grantee seeking renewal of a
able to meet the future cable -related
franchise may, on its own initiative or at
community needs and interests, taking
the request of the city, submit a proposal
into account the cost of meeting such
for renewal.
needs and interests.
b. Any such proposal shall contain
b. In any proceeding under sub -
such material as the city may require,
paragraph a of this subdivision, the
including proposals for an upgrade of the
grantee shall be afforded notice and the
cable system.
grantee and the city, or its designee, shall
C. The city may establish a date by
be afforded fair opportunity for full par -
which such proposal shall be submitted.
ticipation, including the right to intro -
3. a. Upon submittal by the grantee
duce evidence (including evidence
ofa proposal to the city forthe renewal of
related to issues raised in the proceeding
the franchise, the city shall provide pub-
under subdivision 1 of this subsection) to
lic notice of such proposal and, during
require the production ofevidence and to
the four-month period which begins on
question witnesses. A transcript shall be
the completion ofany proceedings under
made of any such proceeding.
subdivision 1 of this subsection. renew
c. At the completion of a proceeding
the franchise or, issue a preliminary
under this subdivision, the citv shall issue
assessment that the franchise should not
a written decision granting or denying
be renewed and, at the request of the
the proposal for renewal based upon the
grantee or on its own initiative, com-
record cfsuch proceeding, and transmit a
mence an administrative proceeding,
copy ofsuchdecision totnegran:et-Such
after providing prompt public notice of
decisior shall state the reasons there on
such proceeding, in accordance with sub-
=1. Amy denial of a proposal for
paragraph b of this subdivision to con-
renewal shall be based on one or more
sider whether.
adverse findings made with respect to the
i. The grantee has substantially com-
factors described in subparagraphs i
plied with the material terms ofthe exist-
through iv of subdivision 3a, pursuant to
ing franchise and with applicable law;
the record of the proceeding under sub -
ii. The quality of the grantee's service,
division 3.
including signal quality, response tocon-
5. Ifthe grantee's proposal forrenewaI
sumer complaint, and billing practices,
has been denied by a find decision of the
but without regard to the mis. quality. or
city made pursuant to :his section, or has
level of cable services or other services
been adversely alf ected by a failure of the
79 (Lodi M6)
5.16.080
city to act in accordance with the pro-
cedural requirements of this section, the
grantee may appeal such final decision or
failure pursuant to the provisions of Sec-
tion 635 of the Federal Cable Commu-
nications Policy Act of 198-4.
6. Notwithstanding the provisions of
subdivisions 1 through 5 of this subsec-
tion, the grantee may submit a proposal
for the renewal of the franchise pursuant
to this subdivision at any time, and the
city may, after affording the public ade-
quate notice and opportunity for com-
ment, Erant or deny such proposal at any
time (including after proceedings pur-
suant to this subsection have com-
menced). The provisions of subdivisions
1 through 5 of this subsection shall not
apply to a decision to grant or deny a
proposal under this subdivision. The
denial of a renewal pursuant to this sub-
division shall not affect action on a
renewal proposal that is submitted in
accordance with subdivisions 1 through
5. (Ord. 1370 § 1 (part), 1985)
6.16.090 Payment.
Any grant-- granted a franchise under
this chapter shall pay to the city, during
the life of such franchise, a sum equal to
three percent of the annual gross receipts
of the grantee, payable quarterly. (Ord.
1370 § 1 (part), 1983)
6.16.100 Financial statement—
Audit—Minimum payment.
A. The grantee shall file with the
council within ninety days after the
expiration of any fiscal year or portion
thereof during which a franchise is in
force, a financial statement prepared by a
certified public accountant or public
(!oei ;-ab) 80
l
accountant showing in detail gross
annual receipts, as defined in this chap-
ter, of the grantee during the preceding
calendar year or portion thereof_ It shall
be the duty of the grantee to pay to the
city within fifteen days after the time for
filing such staternents the sum prescribed
by the franchise, or any unpaid balance
thereof, for the calendar year or the por-
tion thereof covered by the statement.
B. The right is reserved to the city of
audit and recomputation of any and all
amounts paid under this chapter and
acceptance until expiration of period of
five years following payment shall not be
construed as a release or as an accord and
satisfaction of any claim the city may
have for further or additional sums pay-
able under this chapter or for the per-
formance of any other obligations under
this chapter.
C. in any year, commencing with the
first full calendar year of service during
which the franchise payments amount to
Iess than twelve hundred dollars, the
grantee shall pay to the city for such a
year a minimum total amount of twelve
hundred dollars.
D. In the event of any holding over
after expiration or any other termination
of a franchise issued under this chapter,
whether with or without the consent of
the city, the grantee small pay to city a
compensation twice the percent of its
gross annual receipts during such period
as it would be required to pay under its
franchise if there were no holding over.
(Ord. 1370 § 1 (part), 1986)
5.16.110 Rates for service.
A. The grantee shall file with the city
council a true and correct schedule of
r'
5.15.110
rates to be charger( for installation and
assignee must show financial responsibil-
connection to its cable system and a
ity to carry out the terms of the franchise
monthly charge for cable service. Such
and must agree to comply with all of the
rates shall not be changed or modified in
provisions of this chapter, and provided
any manner without first filing the
further, that no consent or approval shall
changed or modified rates with the city
be required for a transfer in trust, by
council thirty days prior to the effective
mortgage, by security agreement, or by
date of such change or modification.
other hypothecation as a whole, to secure
B. The city council shall have the
an indebtedness, or for a transfer
authority to regulate the rates to the
required by operation of law-
awextent
extentthe council is permitted to by
E. Any right or power in, or duty
federal, state or local law. (Ord. 1370 § I
impressed upon any officer, employee,
(pan), 1985)
department or board of the city shall be
subject to transfer by the council or by
5.16.120 Limitations.
law to any other officer, employee,
A. Any franchise granted under this
department or board of the city.
chapter shall be nonexclusive.
F. The grantee shall have no recourse
B. No privilege or exemption shall be
whatsoever against the city for any loss,
authorized or conferred by any franchise
cost, expense or damage, arising out of
granted under this chapter except those
any pro,-isions or requirements of this
specifically prescribed in this chapter
chapter or its enforcement.
C. Any privilege claimed under a
G. Any franchise granted under this
franchise by the grantee in any street, or
chapter shall not relieve the grantee of
other public property, shall be subordi-
any obligation involved in obtaining pole
nate to any prior occupancy thereof for
space from any department or division of
public purposes.
the city, other agency of government,
D. A franchise granted under this
utility company, or from others main -
chapter shall be a privilege to be held in
taining poles in streets; provided, that the
;3ersnnal trust by the original grantee. It
latter shall cooperate with the grantee to
^annot be sold, transferred, leased,
the end that only one set of poles shall be
assigned o: di -posed of, in whole or in
required by all.
Part, either by forced or involuntary sale,
H_ Any franchise granted under this
sale, merger, consolidation or otherwise,
chapter is in lieu of anv and all other
without prior consent of the council
rights, privileges, powers, immunities
expressed in writing_ The grantee shall
and authorities owned, possessed, con -
file with the council within thirty days
trolled or exercisable by the grantee, or
prior to sale, transfer, assignment or lease
any successor to any interest of the
of the franchise or any pan thereof or any
grantee, of or pertaining to the construc-
rights or privileges granted thereby, writ-
tion, operation or maintenance of any
ten evidence of the proposed transaction
cable system in tate incorporated limits of
certified to by the grantee or its duly
the city, and the acceptance ofa franchise
authorized officers. Any proposed
under this chapter shall operate as
81 (Lodi 3-86)
0R
5. 16.120
between grantee and the city, as an aban-
donment of any and all of such rights,
privileges. powers, immunities and
authorities within the city, to the effect
that, as between the grantee and the city,
any and all construction, operation and
maintenance by any grantee ofany cable
system in the city shall be, and shall be
deemed and construed in all instances
and respects to be, under and pursuant to
such franchise, and not under or pur-
suant to any other right, privilege, power,
immunity orauthority whatsoever. (Ord.
1370 § 1 (pari), I985)
5.16.130 Risius reserved by city.
A- Nothing in this chapter shall in any
usy or to any extent impair or affect the
right of the city to acquire the grantee's
property either by purchase or through
exercise of the right of eminent domain,
and nothing in this chapter shall be con-
strued to contract awav or to modify or
abridge the city's right of eminent
domain in respect to any grantee.
B. No franchise granted under this
chapter shall be given any value before
any court or other public authority in any
action or proceeding brought by the city
in excess of the amount of the required
filing fee and any other sum paid by the
grantee to city for a franchise at the time
of granting.
C. There is reserved to the city every
richt and power which is required to be
reserved or provided in this chapter by
any ordinance or resolution of the city,
and the grantee, by its acceptance of any
franchise. agrees to be boundthereby and
to comply with any action or require-
ments of the city in its exercise of such
rights or power, enacted or established
ILo6
JA
before or after the effective date of the
ordinance codified in this chapter.
D. The council may do all things
which are necessary and convenient in
the exercise of its jurisdiction under this
chapter_
E_ Neither the granting of any fran-
chise under this chapter nor any of the
provisions contained in this chapter shall
be construed to prevent the city from
granting any identical, or similar, fran-
chise to any other person within all or any
portion of the city.
F. There is reserved to city the right to
amend any section or part of this chapter
so as to require reasonable additional or
greater standards of construction, opera-
tion, maintenance or otherwise, on the
part of the grantee for purposes of pro-
tecting the public health, safety and wel-
fare. This provision shall not apply to
commitments of a contractual nature
made in a franchise agreement or fran-
chise renewal agreements.
G. Neither the granting of any fran-
chise nor any provision in this chapter
shall constitute a bar to the exercise of
any governmental right or power of city.
H. All facilities of any grantee
licensed under this chapter within the
city shall -be available for civil defense
purposes at such times as the city director
of civil defense shall require. (03rd. 1370 §
1 (part), 1985)
5.16.140 Complaint procedure_
A. The city manager or the city man-
ager's designee is specified by the city as
having primary responsibility for the
continuing administration of a franchise
and implementation of complaint pro-
cedures.
t
5.16.1_40
B. A grantee shall maintain a central
service log which will indicate the nature
office within or in close proximity to the
of each service complaint, the date and
city, which shall be open during all usual
time it was received, the disposition of
business hours, have a publicly listed
said complaint and the time and date
telephone with a toll-free number and
thereof. The log shall be made available
sufficient lines; and be so operated that
forperiodic inspection by representatives
complaints and requests for repairs, biiI-
ofthe cin• manager_ All service complaint
ing or adjustments shall be received on a
entries shall be retained on file for a
twenty-four hour basis.
period consisting of the most recent three
C. A grantee shalt maintain a repair
years.
and maintenance crew which shall
F. When there have been similar com-
respond to subscriber complaints or
plaints made or when there exists other
requests for service within twenty-four
evidence, which, in the judgment of the
hours after receipt of the complaint or
city manager casts doubt on the reliabil-
request. No charge shall be made to theity
or quality of cable service, the city
subscriber for this service unless such
manager shall have the right and author -
maintenance or repair is required as a
itv to compel a grantee to test, analyze,
result of damage caused by subscriber.
and repos � on the performance of the
D. 1. A grantee shall establish pro-
system. Such report shall be delivered to
cedures for receiving, acting upon, and
the city manager no later than fourteen
resolving subscriber complaints to the
days after the city manager formally noti-
satisfaction of the city manager's Off -IM
fies the grantee and shall include the fol -
A grantee shall furnish a notice of such
lowing information: the nature of the
procedures to each subscriber at the time
complaints which precipitated the spe-
of initial subscription to the system and
cial tests; what system components were
annually thereafter.
tested, the equipment used, and pro -
2. Grantee's service call procedures
cedures employed in said testing; the
shall contain provisions to protect the
results of such tests; and the method in
interests of subscribers. In the event that
which said complaints were resolved.
the grantee or its employee determines
G. The city manager may that
that grantee's cable system is not respon-
tests and analyses shall be super -4,1 ied by a
Bible for any given problem which has
professional engineer not on the p,;:Zrl^--
resulted in a service call (i.e., subscriber
nent staff of a grantee. The aforesaid
equipment is at fault), the subscriber
engineer should sign all records of the
shall have the right to have chis conten-
is
special tests and forward to the city man-
demonstrated through the use of an
ager such records with a report interpret -
additional television receiver com-
ing the results of the tests and
parison. A standard television receiver
recommending actions to be taken by a
will be used in the subscriber's home to
grantee and the city.
allow a direct A/B comparison of per-
H_ The citv's right under this section
fotmance.
shall be limited to requiring tests, anaiy-
£. A grantee shall keep a maintenance
ses. and reports covering specific subjects
83 (Lodi 3-86)
5.16.140
and characteristics based on said com-
plaints or other evidence when and under
such circumstances as the city has rea-
sonable grounds to believe that the com-
plaints or other evidence requires that
tests be performed to protect the public
against substandard cable service.
I. The city manager is authorized and
empowered to adjust, settle or compro-
mise 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.
I Either the grantee or any member
ofthe public who may be dissatisfied with
the decision of the city manager may
appeal the mailer to the council for hear-
ing and determination.
K. 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 charms arising from the operations of
any grantee or from any provision ofthis
chapter_ (Ord. 1370 § I (part), 1980.
5.16.150 Refunds.
A. Subscribers not satisfied that serv-
ices have been provided as outlined in
this chapter and the franchise agreement
shall be encouraged to notify the system
manager. The grantee shall worts with the
subscriber to resolve the problem within
forty-eight hours, and upon request by a
subscriber, the grantee shall credit the
subscriber's account on a pro rata basis
for loss of service commencing forty-
eight hours after notification of the
grana_.
B. A grantee shall at the time of initial
subscription to the system and annually
(Lodi 3-861 84
thereafter furnish a notice to subscribers
of their right to a refund for any loss or
interruption of service for forty-eight
hours or more. (Ord. 1370 § 1 (part),
1983).
5.16.160 Liquidated. damages_
By acceptance of the franchise granted
by the city, a grantee understands and
shall agree that failure to comply with
any time and performance requirements
asstipulated in this chapterand franchise
agreement will result in damage to the
city, and that it is and will be impractica-
ble to determine the actual arnount of
such damage in the event of delay or
nonperformance; the franchise agree-
ment shall include provisions for liqui-
dated damages to be paid by the grantee
in amounts set forth in the franchise
agreement and chargeable to the security
fund for the following concerns:
A. Failure to complete system con-
struction or reconstruction in accord-
ance with Sections 5.16-170 and 5-16.430
unless the council specifically approves
the delay by motion or resolution, due to
the occurrene of conditions bevond
grantee's control, a grantee shall pay five
hundred dollars per day for each day or
pan thereof, the deficiency continues.
B. Failure to provide upon written
request, data, documents, reports, infor-
mation or to cooperate with city during
an application process or cable system
review, a grantee shall fray fifty dollars
per day for each day or part thereof, the
violation occurs or continues.
C. Failure to test, analyze and report
on the perfot glance ofthe system follow-
ing a written request pursuant to this
chapter, a grantee shall pay to city one
C
c
hundred dollars per day for each day or
part thereof. that such noncompliance
continues.
D. For failure to provide in a continu-
ing manner the broad categories of serv-
ices proposed in the accepted application
unless the council specifically approves
grantee a delay or change, or the grantee
has obtained modification of its obliga-
tion under Section 625 of the Cable
Communications Policy Act of 1981":
grantee shall pay to the city five hundred
dollars per day for each day or part
thereof that each noncompliance con-
tinues.
E. Forty-five days following adoption
of a resolution by the city council in
accordance with Section 5.16-270 deter-
mining a failure of grantee to comply
with operational, maintenance or tech-
nical standards, grantee shall pay to the
city five hundred dollars for each day or
part thereof, that such noncompliance
continues.
F Any other action or nonaction by
the grantee as agreed upon between the
city and grantee and set forth in the fran-
chise agreement. Nothing in this section
shall preclude further liquidated
damages as agreed upon by the parties in
'he franchise agreement. (Ord. '370 y 1
- (part), 1985)
5.16.170 Commencement of
construction and service.
A. Construction Pian and Schedule.
1. Map and Plan. Grantee shall sub-
mit a construction plan or reconstruction
pian which shall be incorporated by ref-
erence and made a part of the franchise
agreement. The plan shall consist of a
5.16.160
map ofthe entire franchise area and shall
clearly delineate the following:
a. The areas within the franchise area
where the cable system will be initially
available to subscriber including a sched-
ule of construction for each year that
construction or reconstruction is pro-
posed.
b. areas within the franchise area
where extension of the cable system can-
not reasonably be done due to lack of
present or planned development or other
similar reasons, with the areas and the
reasons for not serving them clearly iden-
tified on the rnap.
B. 1. Upon acceptance of any fran-
chise, the grantee shall immediately initi-
ate action to obtain all permits, licenses,
easements, variances and any other
authorizations which are required or nec-
essary in the conduct of its business,
including but not limited to any utility
joint use attachment agreements, micro-
wave carrier licenses, any authorizations
required to import distant signals, and
any other permits, licenses and autho-
rizations to be granted by duly con-
stituted regulatory agencies having or
asserting jurisdiction over the operation
of the cable system, any associated
microwave transmission facilities, or any
other associated facility, and the grantee
shall proceed with due diligence until all
such matters are obtained.
2. Copies of all petitions, applications
and communications submitted by the
grantee to the Sideral Communications
Commission or anv other federal or state
regulatory commission or agency having
jurisdiction in respect to any matters
affecting cable operations authorized
pursuant to its franchise. shall also be
85 (Lodi 3-86)
5.16.170
submitted simultaneously to the city by
G_ Granteeshall extend cable system
the grantee.
upon request of any contiguous area not
C. Within ninety days after obtaining
designated for initial service in the plan
all the required or necessary permits,
when potential subscribers can be served
licenses, easements, variances and any
by extension of the cable system past
other authorizations referred to in sub-
dwelling units equivalent to a density of
section A of this section, the grantee shall
forty homes per mile of street. Extension
commence construction and installation
shall be at grantee's cost. If underground -
of the cable system.
in-, is required by regulation, grantee
D. Within six months after building
must make installation at grantee's
permits are granted for a particular area,
expense. Where aerial extension is
the grantee shall proceed to render initial
allowed by regulation but underground
service to subscribers, and the comple-
installation is requested by benefitted
tion of construction and installation shall
subscribers, the cost of undergrounding
be pursued with reasonable diligence, not
that exceeds the estimated aerial exten-
to exceed fifteen months from the date of
sion cost may be charged to benefitted
the granting of the permits for the partic-
subscribers. (Ord. 1370 § 1 (part), 1985)
ular area to be served.
E. Failure to do any of the require-
ments of subsections A. $, Cand D ofthis
5.15.180 Forfeiture and termination_
section within the time specified except
A. In addition to all other rights and
as provided in subsection. F ofthis section
powers retained by the city under this
shall be °rounds for termination of the
chapter or otherwise, tete city reserves the
frnchise.
right to forfeit and terminate a franchise
F. The council may in its discretion
and all rights and prillileges ofa grantee
extend the time for the grantee, acting in
in the event of a material breach of its
good faith, to do any act required under
terms and conditions. In interpreting this
this section. The time for commence-
chapter, material provisions shall include
mens of construction and installation, or
all labeled as such and all others, which,
the rendering of service to subscribers,
under ail the ,facts and circumstances
initially or thereafter, shall be extended
indicated. are a signis:ca. t provision of
or excused, as the case may be, for any
the franchise agreement. A nateriai
period during which the grantee expert-
breach by grantee shall include but shall
-aces delay or interruptions due to any of
not be limited to the following:
the following circumstances if reason-
1. Failure to begin or complete system
ably beyond its control_ necessary utility
construction, reconstruction or system
changes or rearrangements, governmen-
extension, or system improvement as
tal or regulatory restrictions or require-
provided under the franchise;
ments, labor strikes, lockouts, war
2. Failure toprovide the broad catego-
(declared or undeclared), national emer-
ries of services pronised; assuming
gency, fire, earthquake, the elements and
grantee has unsuccessfully pursued what -
acts of God.
ever recourse is available under Section
(iJt 346) 86
k
625 of the Cable Communications Policy
Act of 1984;
3. Failure to restore service after
ninety-six consecutive hours of inter-
rupted service, except when approval of
such interruption is obtained from the
city; or
4. ivfaterial misrepresentation of fact
in the application for or negotiation of
the franchise.
B. The foregoing shall not constitute a
material breach if the violation occurs
but it is without fault of a grantee or
occurs as a result of circumstances
bevond its control. Grantee shall not be
excused by mere economic hardship nor
by misfeasance or malfeasance of its
shareholders, directors, officers, or
employees.
C. The city may make a written
demand that a grantee comply with any
such provision, rule, order. or determina-
tion under or pursuant to this chapter
and franchise agreement. If the violation
by the grantee continues for a period of
thirty days following such written
demand without written proof that the
corrective action has been taken or is
being actively and expeditiously pur-
sued, the city may place the issue of ter-
mination of a franchise before the city
council. The city shall cause to be served
upon grantee at least twenty days prior to
the date of such a council meeting, a
written notice Of intent to request such
termination and the time and place ofthe
meeting_ Public notice shall be given of
the meeting and issue which the council
is to consider.
D. The city council shall hear and
i
5-16.180
consider the issue and shall hear any per-
son interested therein, and shall deter-
mine in its discretion, whether or not any
violation by the grantee has occurred.
E. If the city council shall determine
the violation by a grantee was the fault of
grantee and within its control, the coun-
cil may by resolution declare that the
franchise of the grantee shall be forfeited
and terminated unless there is com-
pliance within such period as the city
council may fix, such period not to be less
than sixty days, provided no opportunity
for compliance need be granted for fraud
or misrepresentation -
F. The issue of forfeiture and termina-
tion shall automatically be placed upon
the council agenda at the expiration of
the time set by it for compliance. The
council then may terminate a franchise
forthwith upon finding that grantee has
failed to achieve compliance or may fur-
ther extend the period in its discretion.
(Ord. 1370 § 1 (part), 1985)
5.16.190 Security fund -
A. Within thirty days after the award
or renewal of a franchise. a grantee shall
deposit with the city a corporate surety
bond in the amount of fifty thousand
dollars. The bond shall be used to insure
the faithful performance by a grantee of
all provisions of this chapter and result-
ing franchise agreement; and compliance
with all orders, permits and directions of
any agency, commission, board, depart-
ment, division or office of the city having
jurisdiction over its acts or default under
a franchise and the payment by the
grantee of any penalties, liquidated
damages. claims, liens and taxes due the
87 - (Lodi 346)
N.
5.16.I90
city which arise by reason of the con-
D. The rights reserved to the city with ,
struction. operation or maintenance of
respect to the corporate surety bond are
the system, including cost of removal or
in addition to all other rights of the city
abandonment ofanv property of grantee.
whether reserved by a franchise or autho-
B. The corporate surety bond shall be
rized by law, and no action, proceeding
maintained at fifty thousand dollars dur-
or exercise ofa right with respect to such
ing the entire term of a franchise, even if
corporate surety bond shall of ea any
amounts have to be withdrawn pursuant
other right the city may have. (Ord. 1370
to subsection A or C of this section. The
§ 1 (pan), 1985)
grantee shall keep the same in force and
effect at all times throughout the exis-
5.16.200 Construction bond.
tence of the franchise and thereafter until
A. 1. Within thirty days after the
grantee has liquidated all of its obliga-
award or renewal ofa franchise, a grantee
tions with the city that may have arisen
shall obtain and maintain at its cost and
from the acceptance of the franchise
expense, and file with the city clerk, a
ordinance by grantee or from the exercise
corporate surety bond in a company
of any right or privilege granted here-
authorized to do business in the state of
under, including the removal ofall poles,
California and found acceptable by the
wires, cables, underground conduits,
city attorney, in the amount of five hun-
manholes, and other conductors and fix-
dred thousand dollars to guarantee the
tures incident to the maintenance and
timely construction. rebuild or recon -
operation of its cable system, should such
struction and full activation of the cable
removal be required by city council or
system and the safesuarding of damage
undertaken by grantee upon the termina-
to pnvate property and restoration of
tion of the franchise.
damages incurred with utilities_
C. If a grantee fails to pay to the city
2. The bond shall provide but not be
any compensation within the time fixed
limited to the following condition_ There
herein; or fails after ten days' notice to
shall be recoverable by the city, jointly
pay to the city any taxes due and unpaid:
and severally from the principal and
or fails to repay the city within ten days
surety, any and all damages, loss or costs
any damages, costs or expenses which the
suffered by the city resulting from the
c .y is compelled to pay by reason of anv
failure ofa grantee to satisfactorily com-
act or default of the grantee in connec-
plete construction, rebuild, or recon -
tion with a franchise; or fails after ten
struction and fully activate the cable
days' notice by the city of such failure to
system throughout the franchise area
comply with any provision ofa franchise
pursuant to the terms and conditions of
which the city reasonably determines can
this chapter and the franchise agreement.
be remedied by demand on the corporate
B. Any extension to the prescribed
surety bond. The city may immediately
construction time limit must be autho-
require payment of the amount thereof
rized by the council. Such extension shall
with interest and any penalties from the
be authorized only when the council
corporate surety bond.
finds that such extension is necessary and
iLadi 346! SS
appropriate due to causes beyond the
control of a grantee.
C. The construction bond shall be ter-
minated only after the council finds that
a grantee has satisfactorily completed ini-
tial construction and activation or recon-
struction of the cable system pursuant to
the terms and conditions of this chapter
and the franchise agreements.
D. The rights reserved to the city with
respect to the construction bond are in
addition to all other rights of the city,
whether reserved by this chapter or
authorized by law, and no action, pro-
ceeding or exercise of a right with respect
to such construction bond shall affect
any other rights the city may have.
E. The construction bond shall con-
tain the following endorsement:
/ It is herebv understoodand agreed that
this bond may not be cancelled by the
surety nor the intention not to renew
be stated by the surety until sixty (50)
days after receipt by the City, by regis-
tered mail, of written notice of such
i intent to cancel or not to renew.
(Ord_ 1370 § 1 (part), 1985)
5_16.210 Construction practices_
A. Any poles, cable lines, wires. con-
duits or other propenzies of the grantee
shall be constructed or installed in streets
in accordance with good engineering
practice at such locations and in such
manner as is approved by the director of
public works and shall conform to all
applicable codes and laws.
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
r
i
5.105-200
within the city which has not yet become
a public street but is designated or deline-
ated as a proposed public street on any
tentative subdivision map approved by
the city, except those installed or erected
upon existing or future public utility
facilities, without obtaining the prior
written approval of the director of public
works and the owner -subdivider.
C. In those areas and portions of the
city where the transmission and distribu-
tion facilities of both the public utility
providing telephone service and those of
the utility providing electric service have
been or are to be placed underground,
then the grantee, upon written request by
the director of public works so to do, shall
likewise initially construct, install, oper-
ate and maintain its transmission and
distribution facilities underground_ For
the purposes of this subsection, "under-
ground" includes a partial underground
system. Amplifiers in the grantee's trans-
mission and distribution lines may be in
appropriate housings as approved by the
director of public works. The city shall
not in any manner be responsible for any
costs incurred by any grantee in placing
his property underground. (Ord. 1370 § 1
(part), 1985)
5.16.220 Removal or abandonment of
facilities -
A. In the event that the use of any part
of the cable system is discontinued for
any reason for a continuous period ofsix
months, or in the event such system or
property has been installed in any street
or public place without complying with
the requirements of this chapter, or the
franchise has been terminated, cancelled
or has expired, the grantee shall
88-1 (Lodi 3.86)
5.16.220
promptly, upon being given ten days'
written notice, remove from the streets 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 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 director
of public works.
B. Any property of the grantee
remaining in place sixty days after the
termination, forfeiture or expiration of
the franchise shall be considered perma-
nently abandoned. The director of public
works may extend such time.
C. Any property of the grantee to be
abandoned in place shall be abandoned
in such a manner as the director of public
works prescribes. Subject to the provi-
sions of any utility joint use attachment
agreement, upon permanent abandon-
ment of the property of the grantee in
place, the property shall become that of
the city and the grantee shall submit to
the director of public works an instru-
ment in writing, to be approved by the
city attorney, transferring to the city the
ownership of such property. (Ord. 1370 §
I (part), 1985)
5.16.230 Changes required by public
improvements.
The grantee shall, at its expense, pro-
tect, 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 director of public
works by reason of traffic conditions,
public safety, street vacation, freeway
and street construction, change or estab-
lishment of street grade, installation of
sewers, drains. water pipes, power lines,
signal Iines and tracks or any other type
of structures or improvements by public
agencies; provided, however, that the
Brant:C shall in all such cases have the
privilege and be subject to the obligations
to abandon any property ofthe grantee in
place, as provided in this chapter. (Ord.
1370 § 1 (pan), 1985)
5.16.230 Failure to complete work.
Upon failure of the grantee to com-
mence, pursue or complete any work
required by law or by the provisions of
this chapter or by its franchise to be scone
in any street or other public place, within
the time presmibed, and to the satisfac-
tion of the director of public works, the
director of public works 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 director of public works to the
grantee within thirty days after receipt of
such itemized report. (Ord. 1370 § I
(part), 1985)
5.16 250 insurance.
A. The grantee shall indemnify the
city, its officers and its employees against
all claims, demands, actions, suits and
proceedings by others. against all liability
to. others, and against any loss, cost and
expense resulting therefrom, including
reasonable auornL-ys' fees, arising out of
the exercise and enjoyment of its fran-
chise irrespective of the amount of the
comprehensive liability insurance policy
required under this section.
(t.oc- 3-86) 88-2 �-
r
88-3 (Lodi 3.960
r
5.16.250
B. The grantee shall at all times dur-
shall permit any duly authorized repre-
in; the existence of any franchise issued
sentative of the city to examine all prop -
under this chapter maintain in full force
erty of the grantee, together with any
and effect, at its own cost and expense, a
appurtenant property of the grantee situ -
general comprehensive liability insur-
ated within or without the city, and to
ante policy, in protection of the city, its
examine and transcribe any and all maps
ofitcers, boards, commissions, agents
and other records kept or maintained by
and employees, in a Company approved
the grantee or under its control which
by the city attorney and in a form satis-
deal with the operations, affairs, transac-
factory to the city attorney, protecting
tions or property of the grantee in rela-
the city and all persons against liability
tion to its franchise. If any maps or
for loss or damage for personal injury,
records are not kept in the city, and upon
death and property damage, occasioned
reasonable request they are not made
by the operations of the grantee under
available in the city, and if the council
such a franchise, and for property
determines that an examination of them
damage; provided, that the maximum
is necessary orappropriate, then all travel
amount for which liability shall be
and maintenance expense necessarily
assumed, and requirements for the city
incurred in making such examination
being named an additional insured, and
shah be paid by the grantee.
any other insurance requirements shall
B. The grantee snail prepare and fur -
be as set and required from time to time
nish to the director of public works and
by resolution of the city council. A copy
the city manager at the times and in the
of such policy or policies, or certificates
form prescribed by either ofsuch officers,
of insurance showing the existence of
such reports with respect to its opera -
such insurance coverage, shall be filed by
tions. ar:airs, transactions or property, as
the grantee with the city clerk.
may be reasonable, necessary or appro-
C. The policies mentioned in subsec-
priate to the performance of any of the
tion B of this section shall name the city,
rights, functions or duties of the city or
its officers, boards, commissions, agents
any of its officers in connection with the
and employees, as additional insureds,
franchise
shall contain a contractual liability
C. The grantee small at ail times make
endorsement approved by the city
and keep in the city full and complete
attorney and shall contain a provision
plans and retards showZng the exact loca-
that a written notice of any cancellation
tion of all cable system equipment
or reduction in coverage of such policies
installed or in use in streets and other
shall be delivered to the City manager
public places in Lite city.
thirty days in advance of the effective
D When any portion Of the cable sV5-
date of the cancellation or reduction.
tem is to be installed on public utility
(Ord. 1370 § 1 (part), 1985)
poles and facilities, certifiers copies of the
5.16.260 Right of inspection—Pians
agreements for such joint use ofpoles and
and records.
facilities shall be filed with the director of
A. At all reasonable times, the grantee
public works. (Ord_ 1370 § 1 (part), 1985)
88-3 (Lodi 3.960
5. I6.270
5.16.270 Service standards.
A. A grantee shall put, keep, and
maintain all parts of the system in good
condition throughout the entire fran-
chise period.
B. Upon termination ofservice to any
subscriber, a grantee shall promptly
remove all its facilities and equipment
from the premises of such subscriber
upon subscriber's request, unless said
service serves multiple users.
C. Grantee shall render efficient serv-
ice, make repairs promptly, and inter-
rupt service only for good cause and for
the shortest time possible. Such interrup-
tions, insofar as possible, shall be pre-
ceded by notice and she occur during
periods of minimum system use.
D. Grantee shall not allow its cable or
other operations to interfere with televi-
sion reception of persons not served by
grantee, nor shall the system interfere
with, obstruct or hinder in any manner,
the operation of the various utilities serv-
ing the residents of the city.
E. A grantee shall continue through
the term of the franchise to maintain The
technical, operational, and maintenance
standards and quality of service set forth
in this chapter and franchise agreement.
Should the city find, by resolution, that a
grantee has failed to maintain these stan-
dards and quality of service, and should
it, by resolution specifically enumerate
improvements to be made, a grantee
shall make such improvements. Failure
to make such improvements within
forty-five days of such resolution will
constitute a material breach of condition
for which the remedy of Section 5.16.160
is applicable. (Liquidated Damages.)
(Ord. 1370 § 1 (part), 1980
LIN
5.16.280 Continuity of service
mandatory_
A. I. It shall be the right of all sub-
scribers to continue receiving service
insofar as their financial and other obli-
gations to a grantee arc honored.
2. In the event of a change of grantee,
or in the event a new operator acquires
the system, a grantee shall cooperate with
the city, new granter or operator in main-
taining continuity of service to all sub-
scribers. During such periods_ grantee
shall be entitled to the revenues for anv
period during which it operates the sys-
tem, and shall be entitled to reasonable
costs for its smices when it no longer
operates the system_
B_ In the event grantee fails to operate
the system for ninety-six consecutive
hours without prior approval of the city
or without just cause, the city may at its
option, operate the system or designate
an operator until such time as grantee
restores service under conditions accept-
able to the city ora permanent operator is
selected. If the city is required to fulfill
this obligation for a grantee, the grantee
shall reimburse the city for all reasonable
Coss or damages in excess of revenues
from the system received by the :i*v that
are the result of the grantee's fai.ure to
perform. (Ord_ 1370 3 1 (Bart), 1985)
5.16.290 Performance evaluation
sessions_
A. The city and a grantee shall hold
scheduled performance evaluation ses-
sions within thirty days of the fourth,
eighth, twelfth and sixteenth anniversary
dates ofa grantee's award of the franchise
and as may be required by federal and
state law-
(Lodi
aw
(Lodi 3-86) 884 '
Ja
5.16.290
B. Special evaluation sessions may be technology or upgraded facilities, and (2)
held at any time during the term of a provision has been made or will be made
franchise at the request of the city or the for adquate rates which will allow grantee
grantee. a fair rate of return on its investment
C. all evaluation sessions shall be (including the investment required to
open to the public and announced in a provide the additional channel and/or
newspaper of general circulation in the state-of-the-art technology or
accordance with legal notice. Grantee upgraded facilities), and (3) will not
shall notify its subscribers of all evalua- result in economic loss for the grantee,
tion sessions by announcement on its the city council may order grantee to pro -
system between the hours of seven p.m. vide a specified number of additional
and nine p.m. for five consecutive days channels and/orspecified state-of-the-art
preceding each session. technology or ungraded facilities. With -
D. Topics which may be discussed at out implying any limitations as to other
any scheduled or special evaluation ses- provisions of this chapter, this section is
sion may include, but not be limited to. deemed a material provision within the
service rate structures; franchise fee; liq- meaning of Section 5.16.180. (Ord. 1370
uidatcd damages; free or discounted serv- § l (part), 1980
ices: application of new technologies:
system performance; services provided: 5-15310 Filings with city.
programming offered; customer corn: All matters provided in this chapter to
plaints: privacy; amendments to this be filed with the city, unless provided
chapter; judicial and FCC rulings; line otherwise in this chapter, shall be filed
extension policies; and grantee or city with the city manager. (Ord. 1370 § 1
rules. (Ord. 1370 § 1 (part), 1985) (part), 1985)
5.16300 New developments. 5-16320 Fiscal report -
A. Subsequent to each performance The grantee shall file annually with the
evaluation session as set forth in Section city manager no later than one hundred
5.I6?90. the city council shall have the twenty days after the end ofthe grantee's
authcrity to ordera public hearing an the fiscal year, a copy of a financial report
provision of additionai channel capacity applicable to the cable system serving
by grantee or on the inclusion in the Lodi, or its corporate annual report,
grantee's cable system of "state of the including an income statement applica-
art" technology or upgraded facilities. ble to its operation during the preceding
Notice of such hearing shall be provided twelve-month period, a balance sheet, a
to grantee and the public not later than statement of its properties devoted to the
thirty days prior to such hearing. cable system operations, by categories,
B. If after such hearing the city coun- giving its investment in such properties
cil determines that_ (1) there exists a rea- on the basis of original cost, less applica-
sonable need and demand for additional bie depreciation. a statement of sources
channel capacity and/or state of the an.. and application of funds: and a statement
88-5 (Lodi M6)
03
5.16.320
of current subscriber and penetration
reached for each class of cable service.
These reports shall be certified as correct
by an authorized officer of grantee and
there shall be submitted along with them
such other reasonable information as the
city shall request. (Ord. 1370 § I (part),
1985)
5.16330 Refusal of service.
Subject to Section 5.16.110, no person
or entity in the existing service area of the
grantee shall be arbitrarily refused serv-
ice; provided, however, that tate grantee
shall not be required to provide service to
anv subscriber who does not pay the
applicable connection fee or monthly
service charge or any other charges as
provided by this chapter or any resolu-
tion granting the franchise. (Ord. 1370 § i
(part), 1985)
5.16.0 Service contract.
A. Before the grantee shall provide
antenna service to any subscriber, the
grantee shall obtain a signed contract
from the subscriber containing a provi-
sion substantially as follows:
Subscriber understands that in provid-
i.:g antenna service (Grantee) is mak-
ing use of public rights-of-way and that
the continued use of these public
rights-of-way is in no way guaranteed.
In the event the continued use of such
rights of way is denied to (Grantee) for
any reason, (Grantee) will make even
reasonable effort to provide service
over alternate routes. Subscriber
agrees he will make no claim nor
undertake any action against the City
of Lodi, its officers, its employees, or
l! x� 3-80) 88-6
k'
(Grantee) if the sen -ice to be provided
by (Grantee) hereunder is interrupted
or discontinued because the continued
use of such rights of -way is denied to
(Grantee) for any reason.
B. The form of the grantee's contract
with its subscribers, shall be subject to
approval of the council with respect to
the installation of this provision. (Ord.
1370 § 1 (part), 1985)
5.16350 Television sale or repair.
The grant-- or any of its employees
during their course of employment shall
not engage in the business of selling or
leasing television or other receivers
which make any use of signals transmit-
ted by is system, nor shall the grantee or
any of its employees during the course of
their employment engage in the repair of
such receivers or the sale of parts for the
same. This restriction shall not apply to a
converter that increases the Capacity of
The system that may be sold or leased by
the grantee to a subscriber_ (Ord. 1370 § I
(part), 1983)
5.16360 Free service.
The grantee shall provide free of
charge a service drop for cable service for
all public and nonprofit private schools,
city police and fire stations, city recrea-
tion centers, and any additional munici-
pal buildings designated by the city
council, provided, such locations are
passed by transmission cable maintained
for the service of paving subscribers. If
the service drop exceeds one hundred
fifty feet, the grantee may charge for the
excess footaee on the basis of time and
materials. (Ord. 1370 § I (part), 1985)
YI
5.16.370
5.16-3770 Moving of buildings.
right, interest or property therein, pass to
The grantee shall, on the request of
or vest in any person without the prior
any person holding a building moving
written consent of the city. Such consent
permit issued by the city, temporarily
shall not be withheld unreasonably
raise or lower its wires to permit the mov-
?. No such consent shall be required
ing of buildings. The expense of such
for a transfer in trust, mortgage, or other
temporary removal or raising orlowering
hypothecation as a whole or in part to
of wires shall be paid by the permittee.
secure an indebtedness.
The grantee shall be given not less than
3. The proposed assignee must show
five working days advance notice to
technical ability, financial capability,
arrange for such temporary wire changes.
legal qualification and general character
(Ord. 1370 § 1 (part), 1935)
qualifications as determined by the city
and must agree to comply with all provi-
5.15380 Unauthorized connections—
sions of the franchise and such condi-
Tampering.
tions as may be prescribed by council
A. It is unlawful for any person, fire
expressed by resolution. City shall be
or corporation to make any unautho-
deemed to have consented to a proposed
rized connection, whether physically,
transfer or assignment in the event its
acoustically, inductively, electronically
refusal to consent is not communicated
or otherwise, wiih any part of a fran-
in writing to grantee within one hundred
chised cable system within the city for the
twenty days following receipt of written
purpose of taking or receiving television
notice of the proposed transfer or assign-
signais, radio signals, pictures, programs,
mens.
sound or electronic impulses of any kind
B. The grntee shall promptly notify
for the purpose of enabling himself or
the city ofanv actual or proposed change
others to receive any such television sig-
in or transfer of, or acquisition by any
nal, radio signal. picture, program. sound
other party of, control ofthe grantee_ The
or electronic impulses.
word "control" as used herein is not lim-
B. It is unlawful for any person, with-
ited to major stockholders but includes
out the consent of the grantee, to wilfully
actual working control in whatever man -
tamper with, remove, obstruct or injure
ner exercised. Every change, transfer. or
any cables, wires, devices or equipment
acquisition of control of the grantee shall
used for the distribution ofteievision sig-
make the franchise subject to cancella-
nals, radio signals, pictures, programs,
tion unless and until the city shall have
sound oreiectronic impulses ofanv kind.
consented thereto, which consent will
(Ord. 1370 § 1 (part), 1985)
not be unreasonably withheld. For the
purpose of determining whether it shall
5.15390 Transfers and assignments.
consent to such change, transfer or
A. 1. A franchise shall not be sold,
acquisition of control, the city may
assigned or transferred, either in whole or
inquire into the qualifications of the gro-
in part, or leased, sublet, nor shall title
spective controlling party and the grantee
thereto, either legal or equitable or any
shall assist the city in any such inquiry.
88-7 (Lodi 146)
5.16.390
C. A rebuttable presumption that a
transfer of control has occurred shall
arise upon the acquisition or accumula-
tion by any person or group of persons of
ten percent of the voting interest of the
grantee.
D. The consent or approval of the city
council to any transfer of the franchise
shall not constitute a waiver or release of
the rights of the city in and to the streets,
and anv transfer shall by its terms, be
expressly subject to the terms and condi-
tions of a franchise.
E. In any absence of extraordinary
circumstances, the city will not approve
any transfer or assignment of a franchise
prior to substantial completion of con-
struction or reconstruction of proposed
system.
F. In no event shall a transfer of
ownership or control be approved with-
out successor in interest becoming a sig-
natory to the franchise agreement. (Ord.
1370 § 1 (part), 1985)
5.16.400 Access channels.
A. Each cable system franchised by
the city shall provide at least one channel
dedicated to access for use by the public
as well as governmental and educational
agencies.
B. If the access channel is being uti-
lized more than eighty percent of the
time between four p.m. and eleven p.m.
for twelve consecutive weeks, grantee
shall, upon written notice from the city,
make additional community access
channel(s) alimilable for the same pur-
pose(s), with a maximum of three com-
munitv access channels to be dedicated
for these said purpose(s).
C. Nothing in this section shall
(Lodi 346) 88-8
i
1
require grantee to construct additional
channel capacity to tate systern for tate
sole purpose of providing additional
access channels.
D. Whenever any access channel is
utilized Iess than four hours per day for
six days per week for twelve consecutive
weeks, the grantee may be permitted to
utilize unused access channel capacity
for different and additional purposes,
under rules and procedures established
by the city.
E. Grantee shall record all requests for
use of access channel. Whenever such
records indicate in the opinion of the city
council that an excessive number of peo-
ple or programs are being turned away
for lack of available access channel
capacity, or whenever the criteria in sub-
section B are exceeded for any one ofihe
existing access channel uses, those access
channels which have been permitted by
the city for "interim" use by a grantee
shall each be restored to public, govern-
mental or educational use as applicable.
(Ord. 1370 § I (par), 1985)
5.16.410 tkaivers_
A. Any provision of this chapter may
be1ti-,;ived at the sole discretion ofthe city
Inv resolution oft1 e ci=• counc, 1.
$. Grari:e-_ may s::brnit a request ioa
waiver to the city council at any time
during the franchise term. Such request
for waiver mav, at the sole discretion of
the city council. be set for public hearing
and a decision shall be made within one
hundred and twenty days following the
submission. Procedures for modification
of franchise obligations shall be in com-
pliance with Section 625 of the Cable
Communications Policy An of 1984.
C. The city council may authorize the
economic. technical or legal evaluation
of such waiver request and grantee shall
be required to reimburse the city for any
expenditures incurred by city in connec-
tion with such evaluation.
D. This section is enacted solely for
the convenience and benefit of the gran-
tor and shall not be construed in such a
manner as to create any right or entitle-
ment for the grantee. (Ord. 1370 § 1
(part), 1985)
5.16.120 Required services and
facilities.
A. A franchise application shall
include a description of the grantee's sys-
tem design and a description of the broad
categories of programming and services
being offered, including optional pre-
mium services, a description of facilities
being proposed for local origination pro-
gramming, and facilities being offered to
various community institutions. The
offer of the broad categories of program-
ming and services contained within a
grantee's application shall be deemed a
binding offer of such grantee for and to
the benefit of the city and the subscribers
of grantee. in the event a program onal-
nator ceases to provide a service, or in the
event the grantee determines that other
cable services may be of greater benefit to
subscribers, the grantee may, subject to
subsections B and C, substitute or drop
such services.
B. The system, after the inorporation
of such substitute services, shall satisfy
the warranty made by grantee to sub-
scriber and potential subscriber in its
application for a franchise. The city
council, on behalf of system subscribers,
5.16.410
shall have the right to review any sub-
stitution of service or chance in any
categories of programming that the
grantee has made and may order a
change therein if it deter -mines, after due
hearing on notice, that the warranty has
been violated or that certain broad cate-
gories of programming and services that
were committed by grantee in its pro-
posal are not being delivered. Any such
order shall issue only after a public hear-
ing has been scheduled and held; and
written notice of such hearing shall have
been provided to the grantee and to the
public at least thirty days prior to such
hearing_ Any such order may be enforced
by an appropriate action in the courts of
California or of the united States- A
-grantee shall not, in relation to this sec-
tion, be deemed to have waived any right
accorded to a franchised cable television
operator arising under the First Amend-
ment to the Constitution of the United
States, or under the Cable Communica-
tions Policy Act of 1984.
C. Nowithstanding subsections A and
B, a grantee may, in accordance with the
Cable Communications Policy Act of
1984, upon thirty days' advance notice to
the city, marrang , replace or remove a
particular cable service required by th•._
franchise if:
1. Such service is no longer available
to the grantee; or
2. Such service is available to the
grantee only upon the payment of a roy-
alty required under Section 801(b)(2) of
Title I7, United States Code, which the
grantee can document:
a. is substantially in excess of the
amount of such payment required on the
88-9 (Lodi 3-66)
J
5.16.420
date of the grantee's of to provide such
service. and
b. Has not been specifically compen-
sated for through a rate increase or other
adjustment.
D. Notwithstanding subsections A
and B, a grantee may take such actions to
rearrange a particular service from one
service tier to another, or otherwise ofer
the service, if the rates for all of the serv-
ice tiers involved in such actions are not
subject to regulation. (Ord. 1370 § 1
(part), 1985)
5.16.430 Construction and technical
standards.
A. Compliance with Construction
and Technical Standards. Grantee shall
construct, install, operate and maintain
its system in a manner consistent with all
laws, ordinances and construction stan-
dards of the cite; the standards of Good
Engineering Practices for Measurements
on Cable Television System, published
by the National Cable Television Asso-
ciation,1983;and detailedstandardssub-
mitted by grantee as part of its
application, which standards are incor-
porated by reference in the franchise
agreement. In addition, grantee shall pro-
vide the city, upon request, with a written
report of the results of grantee's annual
proof of performance tests. In the event
of the repeal of ECC Rules and Regula-
tions, Part 76, grantee shall pay the costs
incurred by the city for any technical
assistance deemed necessary by the city
for obtaining independent verification of
technical compiianee with all standards.
This includes the costs that may be
(Loin 3-85) 88-10
1
incurred by the city for checking com-
pliance during the evaluations required
in Section 5.16.290.
B. Additional Specifications.
1. Construction, installation and
maintenance of the cable system shall be
performed in an orderly- and work-
manlike manner. All cables and wires
shall be installed, where possible, parallel
with and in the same manner as electric
and telephone lines. _Multiple cable con-
figurations shall be aiLanged in parallel
and bundled with due respect for
engineering considerations. Under-
ground installations shall be in confor-
mance with applicable codes.
2. Grantee shall at all times comply
with:
a. National Electrical Safety Code
(National Bureau of Standards);
b. National Electrical Code (National
Bureau of Eire Underwriters);
c. Bell System Code of Pole Line Con-
struction; and
d. The Standards of Good Engineer-
ing Practice for ;Measurements on Cable
Television Systems (National Cable Tele-
vision Association), 1983.
3. Furthermore, the system shall not
endanger or interfere with the safety of
persons or property hn the franchise area
or other areas where the ram ee may
have equipment located. {Ord. 1370 § I
(part), 1955)
l
Filed in Administration
Conference Roan
A Cable Television Proposal for the
Community of
King Videocable Company
1521 South Stockton Street
Lodi, California 95240
(209) 369-7451
Filed in Administration
—
n Conference P=
.
a'moi 5�+,4rXFf Y'rrr v'f' a):.Ji aP
a `s'^ x�.zv.F�,-
Filed in Administration
•'_'ITY COUNCIL
=RED M. REID. Mayor
VELYN M, OLSON
Mayor P -o Tempore
DAVID M. HINCHMAN
;A.tit:-] W. PINKERTON, Jr.
JOHN R. (Randv) SNIDER
t
CI'T'Y OF NODI
CITY BALL, 221 WEST PINE STREET
CALL BOX 3006
LODI. CALIFORNIA 952441-1910
(209) 334-5634
August 5, 1985
�Ir. P chard D. Shav
Vice President, Planing & C)pe_rations
K=g Videocable Cc --any
1521 South Stockton Street
Lcdi, CA 95240
Dear Dick:
1THOMAS A. PETERSON
City Manager
ALICE A. REIMCHE
City Clerk
RONALD M. STEIN
City Attorney
The City has colleted its review of King Videocable Co>rpaxz y's response to
cur Request for Proposal (RFP). We have been assisted in this review via
our contract for professional services with CTIC Associates_
As you are aware, the Cable Comm- ications Act of 1984 authorizes the City
to make whatever re=d ezients it feels are necessa y with respect to
system design, facilities and ecuimIent. In this regard, we believe there
are a number of points made in the evaluation which m xit your attention
and resaonse_ These are:
T�-e must be scr,-- discussion on how and under what circa stances
chimm-el capacity can be expanded frog 35 c:- mals to 54 or 60 -channel
caracity- The City would like to discuss with Ring Videocable what _
would "trigger" such an increase in capacity_ Perhaps there should be
scr-- language in the ordinance providing for such a "trigger".
1 a*iguage on Page 3, Exhibit 2 of the ming Videocable response reserves
to the Ccrmary tLe final authority concerning program suitability for
access channels- We are advised that the Cable ConrumZicati-ons Policy
Act of 1964 gives the City the auti=ity to establish its rules with
respect to use and develoment of the access channels, and that the
cable ope-rator s1hall not have any editorial carat -o1 over any public,
educational or govt-=m--nt use of channel capacity_
On pages 12 and 16 there is language that the c ry's offer of
service and rates "does not constitute a warranty" for the City and
cable customers. This appears to qualify the proposal so as to nullify
the intent of Lodi llhmicir)al Code Section 5_15_420 (Cable ordinance
attached) which requires in pat: "..-a description of grantee's system
design and a description of the broad categories of program -ting and
services being offered, including optional prerai=n services, a
description of facilities bei -:g proposed for local origination
prograr u.:,g, and facilities being offered to various canziity
Mr-H-1-K[T C
Richard D. Shay
August 5, 1980'
Page 2
institutions. The offer of the broad categories cf programm_ir.g and
services contained within a gramtee's application shall be deemed a
binding offer of such grantee for and to the benefit of the City and
the st:bscri:.ers of grantee. " The Lcacutive SL II-`rV on nage 12 and 16 of
the :2? su.'-mitted by Ring Videoc`ble should in _act refer to this
language.
k'e note that King Videocable has stated "that ".No emergency alert system
is included in the design of t_ e sys_rn, hme--rer, such services can. be
added to the system* should it bec�-e necessary". Szeiz on 6. (f) of the
City's =- req-uires an audio Ove_=ide system- Thais is an
e*e-rcenCv system which can be re=adily activated during public
e er-genies. This feature should be rade avail ole to the City and its
resident during tike system rebuild, as stated L: the �='p.
Dist_ri-bution System Desig,lCha_=e1 Caoaci�,r - it appears the =many
i s being inconsistent 1Z1 descrying 4-eex-acts"-ecificat-ams of the
system. In respondir:g to tech-n=cal questions, 'K -Lig Videocaible refers
to a bandwidth of 450 MHz, w'hile Ln the onset of the nromosal the
reference is to a 440 MHz barce-dtz. All elect=w-iics and passives, as
installed, must be capable of p assi:^g 450 MHz.
Distribution Sys t`rn/Service Area - The City re -c ai-?d he service area
to be defined or show the service ares that u=—,Id receive service
initially and those areas that would receive s= , -ice after izLit=a1
construction. icing Videccable has su ratted its rap showing three
separate construction phases. This rap shows the City li-rits as they
essentially exist today. There should be lang=ge iln the R� whish
addresses construction in newly annexed and developed areas.
Subscriber Service/Parental Control - . :C.irg Vide-ocable has not directly
stated that a parental control device would be a7umilable, although it
is so stated in the te^..hr; cal :-c=,s. The City's posi*mon is that the
parental control device is rec_u:red as well as a device which would he
put on the system outside the ha . --e to keep out c= --fain c:^.annels and that
:Ging Vi deocable should provide mre izfozration as to how the trap will
be made available to the subscriber, i.e., for sale, lease or free of
charge.
addressable Converters - We w^_de_rstamd that there are t;,o different
tvpes of converters: One is an addressable converter for the delivery
of subscriler services. It allcr,:s the operator to change the level
of authorized service without re-,niri.ng an on-site service call. The
second is the p-rograarcable conve--tors which King Videocable has
proposed. With this converter, it is necessary for the subscriber or
serviceman to exchange the converter or have it re-Drog alirneed at the
cable cor.m:)any office. It appears that 'King Videocable has not ;net the
rev-uired addressable tecnnoloTy in its prcxsal iri this regard.
�r
i
Richard D. Shay
,., gust S, 1980'
Page 3
E u: Cher, the c—..any will probably scramble those air,^els on its
e_%panderd e.^.te_rta.Lmme-rit service. For pay service subscribers, a
corn_ ter/descrambler will be necessary. This fav cause sane cer.=usion
to subscribers. it uculd se -em appro_oriate t1�at the ccsr_..a^.v develop a
strong' iz of~..ationall and educataorai preg_-al-n to ale_-tt svbscrIbers -to
the c-ianges.
We mould appreciate le—a-ring who thor not a.^._v old or e_-wLJstir_g
e -ort will be used in the syste-n rebuild -
How will the Pew system be C'.:.^s � acted? Will 1t be cozns t=.: c -ted in
such a :vZv as to be attached direc.1v to the Old system as a st=ort
mec_ani or will the c=., anv be to sari ly moi_^g the old system
prior to installing the Pew? Will the old system resin on the poles
after reconstruction or will to old system be scrapped?
. Capital Zx=--matures - We note that no funds have be --n budget -ed. ter
Program. orig notion ect J -.re t after 1985 other t: -l ---i $25,000 for studio
ecu_i-_-..vent in 1991. We would appreciate clari`'_cation as to how the
ca...zzy plass to provide the e4.i�nt listed in its proposal ($55,388) .
. Access F aciiit es and C.,.:.,, ' _ 7v Pro ra-arLL7!g - The C? tv has rem=ed
three channels dedicated for —,.:b! -4c: access, edL'".?t=oril access, an
goL-°_rr* hent access. King Videocable responded by offeri-ig one ccr=site
channel and reserving tuo Gha_-L els inr future use. i x—dcipal Code
Section 3.16.400 (attached) reguirs a franchise to provide at lest
one ch,-_:.nel dedicated 7 -Or dCCesS aZ'L tie City's spec--,'c_tlon req red
three charnels. Tec:^.n scally the ccr--D ny has o==erect at least three
access Cila^.'1e15 but will Only aCt?1,ate one cra^= el 1^=tiall v. How will
these channels be "guaranteed"? -
King Videocable also did not descr:L-e h -ow 1t pl?^_S to P-rovide
can-zercial leased access cha1z.^.els re -u? red under tine Cable
Ccrr..= ications policy Act. P --t ser, how will King Videccable make
available facilities and staff for these local access char -eels ata
miri-a= of 13 hots per week and also, how does the ccrrznv plan to
enhance the quality of prcgrz.��r+.ing from City riall_ ? ng Videocable has
stated that the studio will be available, but that. the equip +-,ent listed
will not be available to access users.
In the City's ALF?, ,ae said t -.at sae uented a character generator systern
With -wc remote keyboards/19" color r<70nitors installed for use by the
City and school system. Ring Videocable did not address such a system
in its proposal.
Richard D. Shay_
August 5, 1986
mag`
it is en-Liely possible that sole of the ratters eni*-ve-rated herein may be
covered in :Ging Videocable's su.imitt31 and may have been inadvertently
overlcoked. We will ap-preci ate your bri ngi_-?g these to our attention.
We have this matter scheduled dor a City Council Work study session
August 26, 1986. I re°1 it would be benesicial for us to review our
Cori-^_ts prior to that Rleetimg_ If t:hp-t d?tee 1s inconvenient, we can
always uurk arcurid it.
I look forward to discussing tris with you in the near futur=e.
SL- cerely,
Tharas a. Peters --n
City Mp-lage
P-P/br
attac:-s:ents
cc: Dexina
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August 9, 1986
Tom =_terson
City Manager
City o= Lodi
C1 west =Pine Street
Lodi, CA 9CC40
Dear Tom:
We are pleased to respond to your August 5 letter and comments on our
proposal Tor Tranchise renewal. The proposal, because o4 its size and
complexity, has areas that we can clarlTy as you have requested._ In order
to keep our comments in some sort oT order we have numbered the questions
you raised in your letter.
2. Channel caoacity:
The new system wi l 1 be designed and constructed using equipment and
metho_s now considered the state oT the art Tor cat 1 e TV. Upon completion
c - rebuild our system can immediately accommodate up tc 60 television
channel s. We will not be upgrading the system to only -5 ahannel s with
the thought of later upgrading the system again to 60 channels.
'?. Authority -for ACCe=s channels:
Control over prcgrammina cont_nt on access channels is restricted with
respect to existing Feoeral* and State law concerning obscenity, violation
oT copyrights, advertisement oz a lottery, or commercial content. We =eel
tn, esa restrictions are our responsibility as a cable operator and we
should nai ntai n the right to resect programming that violates these laws.
However, we are in no way attempting to restrict the City's rights and
obligations concerning the use and development o-= the access channels. We
develooed the Local Access rules and Procedures (":hibit 2) in response
to Se=t -ion D. ,question 1, o= the City's R -. We =eel these rules =ill a
present void concerning the operation of the local access channel, and the
City's n==' prompted us to do something we should have done years ago. If
the City Council would like to have new rules prepared we will welcome
your involvement in this area. It is not our desire to exercise editorial
control over the FS6 channels.
i_L..! �.__ 7
C. 1larran=v"
We are unable to warrant and aLLarancee proaramminc as it is often Mimes
nct w -chin our control As Section '7.'6-4'(- o- _he ! odi Cluni__pa: Cad=
sta_es, "in the event a program ori ginz.tor ceases to provide a seri. _ __, or
in the event grantee determines that th%?r cable services may be o-
greater bene -Fit to subscribers, the grantee may, SUbject to subsections S
and C, substitute or drop such services."
in compliance with Section 5.16.42, F=:i ng proposes to provide the =ol l owi ng
broad catecories of programming: educational, religious, children's, news
spares, entertainment, and Public, Educational, and Governmental Access.
Initially, we intend to address these broad categori ess of program -ling
throueh the specific services set -Forth on pages 1-2, Section III, o-: cur
proposal. King Videocable Company retains its editorial discretion to
alter this channel lineup at any time so as to be able to respond to
changing customer needs and interests.
4. -�mercen_v alert system:
Our cable system serves less than 50% of th=_ homes within Lodi. Gi ven the
number o= years we have been trying to increase this number, we do not
=e1 that we will ever serve much more than one hal-' o-' the households in
Lodi . At the time o= an emergency other media - radio, broadcast TV, even
newspapers, would reach more people than .:.able TV.
King and the City have had a very close work:ing relationship in times a=
emergency. The most recent example is la --t sari ng ' S f 1 ondi no. We opened
aur studios and cable system to the City's emergency team_ Cur•enployees
active? y SLupocrted the Ci _y's e==orts. The American :ped Cross and other
outside emergency groups used the resources of King to com:zunic2te with
Lodi , esitents. We believe this spirit of cooperation is a more practical
answer _c the City's needs. In addition, in -formation could appear on the
City's access channel as you will have control o= that channel at City
Hall.
However, we recognize the city's disire to provide an emergency alert
system. We have l coked into an audio only aver -ride system. Thi s
equi pm2nt would provide an over -ride o -r all channels.
In=ormati on provided would tell vie;.:2rs to turn to another Channel or
woLtid give actual instructions to =allow. The acost of this system is
aparo:: i matel y 10, 000. We are concerned about the etfec ti veness o= a
cable -based alert system. We respectively request_ that the City council
nct require this feature far the city's new cable system.
5. SvStem design and capacity:
Our praaaSal was i ncornsi stent in this area. The new system wi l l be
designed and constructed using equipment and methods that will assure a
forward bandwidth of 45C)MH=.
b. Construction in newly anne-ed areas:
K,ny Videccable Company has e>:panded its system as the city has grown over-
the
verthe last 18 years. We intend to continue to serve all areas of the city
when it e::oands and is economically feasible for us to e;:tend the cable
System. In compliance with the City's RFP, our line e..tension policy is
to a::tend the system whenever density of homes passed per street mile of
system would equal 40 homes. Please see page 1, Section VII o= our
pr osai.
7. Subscriber service/oar=n-al cntrol
Pursuant to Section 6=4 of the Cable Act, parental control 1;ey lock
equipment is available, =or purchase at our cost, to control viewing of
channels a customer subscribes to, but wishes to restrict. Signal traps
are available without charge, upon customer request, to eliminate signals
the customer does net subscribe to and does not desire to be audible
although such signals are already in a scrambled mode. Signal traps and
key loci.: equipment are available now and will continue to be available.
e. Addressable converters:
Addressable converters are not proposed at this time. We do not -Feel it
is the solution to customer convenience given the current incompatibility
or television sets, VCRs, and cable TV equipment in the home. The
proposed system requires no converter for basic customers with cable
compatible sets (those able t❑ tune beyond channel 1..-). We expect our
e:.pander basic service not to require a converter and only those customer
withOut cable compatible sets and premium service customers will need to
have converters.
Addressability is a feature that is a convenience =or only a small group
of customers =er 1 type er transaction - a chance in existing pay service
to a dif-ferent combination cif: pay services. Currently we have more than
v^_O0 customers with pay services. 0= those customers, less than 70 Chang
Ineir pay services during an averac_e month. With 9400 total customers,
less than 1% would bene -Fit ncnt` l y -Frc n addressab i 1 = t y. installation o=
new _u5tomers, disconnecting, and . =her types oT c-tanges in service's woul
Stall require the customer to c.:me into Our Sales 0YfiCe or -FCr us to sen
an employee tc the cust:mer's ho -me. We do more than 700 OT these
transactions during an average month.
Adcressabilizy would cost in e -cess o- _450,000 rcr ^-UU custorers.
9. C1d enuioment:
The system will be rebuilt utili=ing e-xisting 1/4" steel strand for
supporting cable in ova;head areas and will use existing Conduit in
unc=-ground areas: All cable and equipment will be replaced with new
-able and equipment except in areas built within the lastyears that
already meet the new speci-FiCations.
New sv5tem construction:
:er_ausa Codi has appro::imatel y 707 backyard easements we want to be
sensitive to property owners' concerns. Ncrc:al construction is done in a
seep by step fashion. The old plant is removed_ New cable is lashed to
the strand. New electronic equipment is spliced onto the cable. The new
system is tested and balanced, and -Finally the CUs tcmer drop is changed
ever to the new system. These steps can mean 6 separate times
c=nstruct.on crews enter property, with long delays of service for the
custcmer. We propose to do all steps in one operation, working on a small
Section Each day so that most property is entered only cn=e. Service is
c-= -or that small section only I day and is be.cF:: on, construction
ccmclete, at the end of the day. In areas where trunk: lines are being
built old trunk: will be i owerad on the poles, but will remain active until
the new sec ti on of trunk: i s reoui 1 t. The old trunk: will then be removed.
All of the old cable and equipment will be removed and scrapped.
1 1. Cao i ta' e: pend: tures:
This area o= our proposal is also con -Fusing and we will try to clarify =or
YOU our proposed program origination equipment plans. in fact we are not
pr=pcsing to purchase any new equipnent or-a=ilities -or local ac=ess and
local origination. Since you have recently toured our, new -facilities on
South Stockton Street, you are aware or the major ie;:=enditures K-ing has
made this past year to upgrade our 5tUtiO TaCilitis'S and production
capabi l i :les. This s renewal process has taken a l i LL1 3 1 o:ncer than anyone
anticipated and we felt that we could not wait until a_ter renewal to
upgrade Our =_qui anent and =aci l i ties. So we went ahead be-rore renewal..
The Financial Information Forms, Section VI, show that King spent :rIOE3,000
upgrading our program origination equipment and Fa=il_ti.es in 1985-1986.
This included =30, C)CIG -or remote production capati l i ti es. The proposal
details the actual equipment and Facilities already in place to better
serve Lodi. The equipment is in use today and we hope you have already
seen a major improvement in the picture quality of our public access and
local origination work.
12. Access channels:
We 'elt that we had responded to the City's regL:latc-y ordinance by
proposing one combined channel for public, educational, and governmental
-4 ess. Section 5.16.4:70 of the LD�i 1Junici�al Cod= provides a process by
which additional channels will be activated. However, if the city desires
and is prepared to use a channel, king Videocable Cnrapany can provide a
Fulltime access channel for the city's use as scor, as channel capacity has
been e::panded with the rebuild. Fur-ther, we c_ul d pro -vide the necessary
modulator, demodulator, character generator, and mcnitcr so that
-crmati on can be provided to our customers direct 1 y f rcm City Hall at
any time, This channel would also be used to broa=cast city council
meetings and other programming originating at city hall. F=urther,
-Fazi'_ities are planned at Hutchins St. Square so that programming may also
originate there -or the city's channel. We will continue to program an
access channel -From our building.
17. Leased access:
Se=tion 612 of the Federal Cab'_ e Act spells out very spec i = i cal 1 y
ccnmercial leased access requirements. King intends to -fully comply with
the requirements this Federal law.
f � i
14. Available facilities:
The current lacE% of requests for local access in Lodi is a reflection of
the very low interest in this area. Currently our building is staffed for
access +rom B:00am to 1(D:C)()pm, Monday through Friday. Access equipment
and facilities are available during much of that time. Equipment listed
is available for access within the studio. Community access users may
also be loaned equipment to use outside the building. The quality of
programming at City Hall is primarily related to the Council Chambers
themselves. Since new Chambers are being planned with telecasting in
mind, the concerns with the quality of programming should be resolved.
15. Character generators:
Character generators can be made available upon request for the city and
the school system. Please see our comments under item 1=. Monitors are
normally 9-].1" (19" is too large for this purpose) and can also be
provided.
We loo[:: forward to discussing these issues prior to the September 16 word.:
session and hope that our response has answered your concerns. Our goal
is always to provide quality service with a variety o= programming choices
for the customer. Section V in our proposal outlines our policy for
response to routine service calls, installation problems, outages, and
resmonse after hours. All of our staff receive specific training in
meeting our customer service goals_ Section 5.16.140 of Ordinance 1,70
gives very strict operating procedures for us to follow. Both the
Customer and the city have recourse to resolve problems. Customer service
Will continue to be our highest priority.
Sincerely,
Deanna Enright
General Manager -Lodi
Richard D. Shay
Vice President, Planning '� Operations