Chapter 4.25
CATV FRANCHISES
Sections:
4.25.010 Franchise to operate.
4.25.030 Use of telephone facilities.
4.25.040 Uses permitted by grantee.
4.25.070 Rights reserved to the city.
4.25.080 Faithful performance bond.
4.25.090 Indemnification of city.
4.25.110 Miscellaneous provisions.
4.25.140 Acceptance – Effective date –Construction schedule.
4.25.160 Modification of FCC Rules.
4.25.010 Franchise to operate.
(1) A nonexclusive franchise to construct, operate and maintain a community antenna television system in the city of Biggs may be granted by the city council to any person, firm or corporation offering to furnish and provide such system under and pursuant to the terms and provisions of this chapter and applicable laws of the city and the state of California.
(2) No provisions herein may be construed as to require the granting of a franchise when, in the opinion of the council, it is in the public interest to restrict the number of franchises to one or more. [Ord. 199 § 1, 1976]
4.25.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular include the plural number.
(1) “City” means the city of Biggs, a municipal corporation of the state of California, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.
(2) “Council” means the governing body of the city.
(3) “Franchise” means and includes any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the city. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business in accordance with Chapter 4.05 BMC, Business Licenses.
(4) “Grantee” means the person, firm or corporation to whom or which a franchise under this chapter is granted by the city council and the lawful successor, transferee or assignee of said firm, person or corporation.
(5) “Right-of-way” means the surface of and the space above, below, and the entire width of any street, highway, alley or public utility easement, now or hereafter existing as such within the city. The right-of-way shall include only those rights-of-use granted to the city of Biggs in any deed of easement or right-of-way to the city and is subject to all regulations in said deeds and in any covenants pertaining thereto.
(6) “Community antenna television system,” hereinafter referred to as CATV, means a system of antenna coaxial cables, wires, wave guides or other conductors or facilities designed, constructed or used for providing television and FM services by cable or through its facilities as herein contemplated. CATV shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as “closed circuit” or “pay television” transmission. Nothing in this subsection shall preclude the right of the city to permit the franchise holder to transmit special programs, closed circuit as hereinafter provided.
(7) “Subscriber” means any person or entity receiving for any purpose the CATV service of the grantee.
(8) “Gross annual receipts” means any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users within the city in payment for regular subscriber services, that is, the carriage of television or radio signals and required nonbroadcast services, or service excluding any taxes on the services furnished by the grantee directly on any user or subscriber by any city, state or other government unit collected by the grantee for such governmental unit.
(9) “Local television” means a television station duly licensed by the Federal Communications Commission and authorized to furnish television service to an area within its scope of power.
(10) “Overhead equipment” means a CATV system constructed above ground on poles and structures including cables, guy wires, anchors, conductors, amplifiers, appliances and attachments placed on or attached to poles, overhead structures or placed above the surface of the ground and as necessary and appurtenant to the CATV system.
(11) “Underground equipment” means a CATV system constructed below the surface of the ground, including cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, and attachments necessary and appurtenant to the CATV system.
(12) “Property of grantee” means all property owned, installed or used by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to this chapter.
(13) “Encroachment” means any property of grantee which is placed in, under or over any right-of-way.
(14) “City pole” means any pole owned solely by the city.
(15) “FCC” means the Federal Communications Commission. [Ord. 199 § 2, 1976]
4.25.030 Use of telephone facilities.
When and in the event that the grantee of any franchise granted hereunder uses in his CATV system distribution channels furnished to the grantee by a telephone company whose facilities are constructed, operated and maintained pursuant to its state-granted telephone franchise and said grantee makes no use of the streets, independent of such telephone company furnished facilities, said grantee shall be required to comply with all of the provisions hereof as a “licensee” and in such event whenever the term “grantee” is used herein, it shall be deemed to mean and include “licensee.” No provision of this chapter shall be deemed or construed as requiring the granting of a franchise hereunder to a telephone company furnishing such a channel service. [Ord. 199 § 3, 1976]
4.25.040 Uses permitted by grantee.
(1) Any franchise granted pursuant to the provision of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the city and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any right-of-way such poles, wires, cable conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the CATV system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the city.
(2) No franchise granted hereunder shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as “pay television,” and no grantee shall directly or indirectly install, maintain or operate on any television set a coin box or any other device or means for collection of money for individual programs. However, this section, if pre-empted by the Federal Communications Commission, shall be ineffective in so far as it is in conflict with FCC Rules.
(3) Grantee’s use of rights-of-way shall be confined to the installation of such overhead equipment and/or underground equipment for which the city shall have given grantee encroachment permits to install.
(4) The grantee may make a charge to subscribers for installation or connection to its CATV system and a fixed monthly charge as filed with the city and approved as herein provided. No increase in the rates and charges to subscribers, as set forth in the schedule filed and approved with grantee’s application, may be made without the prior approval of the council expressed by resolution adopted after public proceedings affording due process. [Ord. 199 § 4, 1976]
4.25.050 Duration.
(1) No franchise granted by the council under this chapter shall be for a term longer than 15 years following the date of acceptance of such franchise by the grantee or the renewal thereof.
(2) Any such franchise granted hereunder may be terminated prior to its date of expiration by the council in the event that said council shall have found, after 30 days’ written notice of any proposed termination and public hearing, that:
(a) The grantee has failed to comply with any provision of this chapter, or has, by act or omission, violated any term or condition of any franchise or permit issued hereunder; or
(b) Any provisions of this chapter have become invalid or unenforceable and the council further finds that such provisions constitute a consideration material to the grant of said franchise; or
(c) The city acquires the CATV system property of the grantee. [Ord. 199 § 5, 1976]
4.25.060 Limitations.
(1) Any franchise granted under this chapter shall be nonexclusive.
(2) No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.
(3) Any privilege claimed under such franchise by the grantee in any right-of-way or city pole or other public property shall be subordinate to any prior lawful occupancy of the rights-of-way, city pole, or public property by any other party. The city shall be judge in determining such claims. The city reserves the right to maintain and to operate its facilities in such manner as will best enable it to fulfill its own service requirements. Neither the city nor any other owner shall be liable to grantee for any interruption to grantee’s service or for any interference with the operation of grantee’s equipment arising in any manner from the use of any right-of-way, pole or facility thereon by the city and each said other owner.
(4) Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot, in any event, be sold, transferred, leased, assigned or disposed of in whole or in merger, consolidation or otherwise, without the prior consent of the council expressed by resolution and then only under such conditions as may be therein prescribed; provided, however, that such council consent shall not be unreasonably withheld.
(5) Time shall be of the essence in any franchise granted hereunder. The grantee shall not be relieved of his obligations to comply promptly with any of the provisions of this chapter or by failure of the city to enforce prompt compliance.
(6) Any right, or power in, or duty impressed upon, any officer, employee, department or board of the city shall be subject to transfer by the city to any other officer, employee, department or board of the city.
(7) Grantee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or its enforcement.
(8) Grantee shall be subject to all requirements of the city ordinances, rules, regulations and specifications heretofore or hereafter enacted or established. Grantee shall comply with General Order No. 95 and General Order No. 128 of the Public Utilities Commission of the state of California and any supplements thereto and revisions thereof.
(9) Any such franchise granted shall not relieve the grantee of any obligations involved in obtaining pole space from the city or utility company or from the obligation to obtain an encroachment permit for installation of any of grantee’s property on the rights-of-way. Neither shall it relieve the grantee from the obligation imposed in any encroachment permit.
(10) Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities and other authorities owned, possessed, controlled, or exercisable by grantee or any successor to any interest of grantee, or pertaining to the construction, operation or maintenance of any CATV system in the city; and the acceptance of any franchise hereunder shall operate, as between grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the city, to the effect that, as between grantee and the city, any and all construction, operation and maintenance by any grantee of any CATV system in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever. [Ord. 199 § 6, 1976]
4.25.070 Rights reserved to the city.
(1) Nothing herein shall be deemed or construed to contract away or to modify or abridge, either for a term or in perpetuity, the city’s right of eminent domain.
(2) There is hereby reserved to the city every right and power which is required to be herein reserved or provided by any ordinance of the city, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirement of the city in its exercise of such rights or power, heretofore or hereafter enacted or established.
(3) Neither the granting of any franchise hereunder nor any of the provisions contained herein shall be construed to prevent the city from granting any identical or similar franchise to any other person, firm or corporation within all or any portion of the city.
(4) There is hereby reserved to the city the power to amend any section or part of this chapter so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee.
(5) Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the city.
(6) The council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The director of public works is hereby authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the city or any subscriber, in the best interest of the public. Either the grantee or a member of the public who may be dissatisfied with the decision of the director of public works may appeal the matter to the council for hearing and determination. The council may accept, reject or modify the decision of the director of public works and the council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter. [Ord. 199 § 7, 1976]
4.25.080 Faithful performance bond.
(1) The grantee shall, concurrently with the filing of and acceptance of award of any franchise granted under this chapter, file with the city clerk and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, at grantee’s sole expense, a corporate surety bond in a company in a form approved by the city attorney in the amount of $20,000 for the first two years, renewable annually, dating from the effective date of any franchise granted hereby and in the amount of $15,000 for the third year of any franchise and in the amount of $10,000 for each year thereafter, renewable annually, and conditioned upon the faithful performance of grantee and upon the further condition that in the event grantee shall fail to comply with any one or more of the provisions of this chapter, or of any franchise issued to the grantee hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney’s fees and costs, up to the full amount of the bond; said condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the city that may have arisen from the acceptance of said franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that 30 days’ prior written notice of intention not to renew, cancellation or material change be given the city.
(2) Neither the provisions of this section, nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages either to the full amount of the bond or otherwise. [Ord. 199 § 8, 1976]
4.25.090 Indemnification of city.
(1) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the city and file with the city clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of $500,000 in a company approved by the city attorney, and in a form satisfactory to the city attorney, indemnifying and saving harmless the city, its officers and employees from and against any and all claims, demands, actions, suits and proceedings by others, against all liability to others, including but not limited to any liability for damages by reason of or arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered to the grantee’s CATV system and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney’s fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder.
(2) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the city and file with the city clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the city, its officers, boards, commissions, agents and employees, in a company approved by the city attorney, and a form satisfactory to the city attorney, protecting the city and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of grantee under such franchise, with minimum liability limits of $500,000 for personal injury or death of any one person and $1,000,000 for personal injury or death of two or more persons in any one occurrence, and $100,000 for damage to property resulting from any one occurrence.
(3) The policies mentioned in the subsection (2) of this section shall name the city, its officers, boards, commissions, agents and all employees as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the city 30 days in advance of the effective date thereof; if such insurance is provided by a policy which also covers grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement. [Ord. 199 § 9, 1976]
4.25.100 Inspections.
(1) At all reasonable times, the grantee shall permit any duly authorized representative of the city to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control, which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the city, or upon reasonable request made available to the city, and if the council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by grantee.
(2) The grantee shall prepare and furnish to the director of public works and the city clerk at the times and in the form prescribed by either of said officials such reports with respect to its operation, affairs and transactions of property as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city or of any of its officers in connection with the franchise.
(3) The grantee shall at all times make and keep in the city full and complete plans and records showing the exact location of all CATV system equipment installed or in use in rights-of-way and other public places in the city.
(4) The grantee shall file with the director of public works on or before the last day in March of each year a current map or set of maps drawn to scale, showing all CATV system equipment installed and in place in rights-of-way and other public places of the city. [Ord. 199 § 10, 1976]
4.25.110 Miscellaneous provisions.
(1) When not otherwise prescribed herein, all matters herein required to be filed with the city shall be filed with the city clerk.
(2) Grantee shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. Such payment shall be made within 30 days after the city furnishes the grantee with a written statement of such expenses by delivery of same to the city clerk.
(3) The grantee shall maintain an office within the city limits or at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service shall be promptly available to subscribers. The local office shall be open to receive inquiries or complaints from subscribers during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday. Any complaints from subscribers shall be investigated and acted upon as soon as possible, but at least within three business days of their receipt. The grantee shall keep a maintenance service log which will indicate the nature of each service complaint, the date and time it was received, the disposition of said complaint and the time and date thereof. This log shall be made available for periodic inspection by the city.
(4) No person, firm or corporation in the existing service area of the grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge.
(5) The grantee shall not engage in the business of selling or leasing television or other receivers which make use of signals transmitted by its system, nor shall grantee engage in the repair of such receivers or the sale of parts for the same.
(6) The grantee shall not impose on or make any charge to any subscriber for the transmission of any television broadcast which is received at the same time free of charges by the public generally from regularly licensed channels and broadcasting stations. Nothing in a franchise granted hereunder shall be construed as a franchise to distribute services commonly known as “pay TV.”
(7) The grantee may make a charge to subscribers for connection to its CATV system and a fixed monthly charge as filed and approved as herein provided for transmission to them only of television programs received free by the public generally at the same time, from regularly licensed television stations.
(8) In the delivery of programs, the grantee shall not delete the commercials of the program sponsor nor shall he interrupt any programs or parts thereof and substitute commercials or advertisements for those of such program sponsor. However, this section, if pre-empted by the Federal Communications Commission, shall be ineffective in so far as it is in conflict with FCC Rules.
(9) Wherever CATV cables are installed adjacent to public or parochial schools or municipally owned public buildings, CATV service shall be made available without charge to such schools or city; provided, however, the installation cost and cost of maintenance of such installation may be recovered by the grantee from the schools or city being so served. The grantee shall make a vacant channel available to the local public schools to carry a local closed circuit educational program originated by the local school district. This instructional closed circuit service shall be charged to the school district as negotiated but in no event at more than cost plus 10 percent. However, this section, if pre-empted by the Federal Communications Commission, shall be ineffective in so far as it is in conflict with FCC Rules.
(10) The grantee shall by appropriate means, such as a card or brochure, as subscribers are connected or reconnected to the system, furnish information concerning the procedures for making inquiries and/or complaints, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed. The city appoints the city clerk as its agent responsible for implementation of the complaint procedures and continuing administration of franchises granted hereunder. [Ord. 199 § 11, 1976]
4.25.120 Applications.
(1) Application for a franchise hereunder shall be in writing, shall be filed with the city clerk, and shall contain the following information:
(a) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main officers, major stockholders and addresses of parent and subsidiary companies.
(b) A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which applicant proposes to construct, install, maintain and operate the same; and particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system.
(c) A description, in detail, of the rights-of-way within which applicant proposes or seeks authority to construct, install or maintain any CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof.
(d) A map, specifically showing and delineating the proposed service area or areas within which applicant proposes to provide CATV services and for which a franchise is requested.
(e) A statement or schedule of proposed rates and charges to subscriber for installation and services and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. When the service cable is more than 200 feet of distance from signal cable to connection of service to subscribers, an additional installation charge over that normally charged for installation, as specified in the applicant’s proposal, may be charged, if such charges are detailed in the proposed charges to subscribers. For remote, relatively inaccessible subscribers within the city, service may be made available on the basis of cost of materials, labor and easements if required by grantee.
(f) A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines or conduits.
(g) A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise of the proposed CATV operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever.
(h) A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the council, showing applicant’s financial status and his financial ability to complete the construction and installation of the proposed CATV system.
(i) The council may, at any time, demand and applicant shall provide such supplementary, additional or other information as the council may deem reasonably necessary to determine whether the requested franchise should be granted.
(2) Upon consideration of such application, the council may refuse to grant the requested franchise of the council or may, by ordinance, resolution or contract, grant a franchise for a CATV system to any such applicant as may appear from said application to be, in its opinion, best qualified to render proper and efficient CATV service to television viewers and subscribers in the city. Any such document awarding a franchise may be adopted only after a public proceeding involving public notice and an opportunity for interested parties to participate. The council’s decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the franchise as granted.
(3) Any franchise granted pursuant to this chapter shall include the following conditions:
The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the City of Biggs and no other purpose whatsoever.
Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the city to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such franchise pursuant to the authority conferred by this chapter. [Ord. 199 § 12, 1976]
4.25.130 Renewal.
(1) Any franchise granted under this chapter is renewable at the application of the grantee in the same manner and upon the same terms and conditions as required herein for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the council may, at its option, waive compliance with any or all of the requirements of BMC 4.25.120.
(2) No renewal hereof shall be granted unless authorized by the council following an appropriate public proceeding involving public notice and an opportunity for interested parties to participate, during which proceedings the grantee’s past performance, the adequacy of the franchise’s provisions, and the consistency of those provisions with applicable FCC Rules have been considered. [Ord. 199 § 13, 1976]
4.25.140 Acceptance – Effective date –Construction schedule.
(1) No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the document granting same has become effective and, in addition, unless and until all things required in this section and BMC 4.25.080 and 4.25.090 are done and completed, all of such things being hereby declared to be conditions precedent to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner required, the council may declare the franchise null and void.
(2) Within 30 days after the effective date of the document awarding a franchise, or within such extended period of time as the council, in its discretion, may authorize, the grantee shall file with the city clerk his written acceptance in a form satisfactory to the city attorney, of the franchise, together with the bond and insurance policies required by BMC 4.25.080 and 4.25.090 and his agreement to be bound by and to comply with and to do all things required of him by the provisions of this chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public and shall in form and content be satisfactory to and approved by the city attorney.
(3) Within one year from the date the FCC grants the grantee a certificate of compliance authorizing cable television operations in the city, the grantee shall accomplish significant construction of its cable television system. It shall thereafter reasonably and equitably make cable television service available to 20 percent of the city each year, until service is available throughout the city. Additional time to complete construction may be granted by the council for good cause shown upon request of the grantee. [Ord. 199 § 14, 1976]
4.25.150 Violations.
(1) From and after the effective date of the ordinance codified in this chapter, it shall be unlawful for any person to establish, operate or to carry on the business of distributing to any persons in this city any television signals or radio signals by means of a CATV system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.
(2) From and after the effective date of the ordinance codified in this chapter, it shall be unlawful for any person to construct, install or maintain within any right-of-way in the city or within any privately owned area within the city which has not yet become a public right-of-way but is designated or delineated as a proposed right-of-way on any tentative subdivision map approved by the city any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of such right-of-way or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.
(3) It shall be unlawful for any person to make or use any unauthorized connection whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable television system within this city for the purpose of taking or receiving or enabling himself or others to receive or use any television signals, radio signals, pictures, programs or sound without payment to the owner of said system.
(4) It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires, or equipment used for distribution of television signals, radio signals, pictures, programs or sound.
(5) Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500.00 or be imprisoned in the county jail for a period not exceeding six months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. [Ord. 199 § 15, 1976]
4.25.160 Modification of FCC Rules.
Consistent with the requirements of FCC Rule 76.31, any modification or amendment thereof by the FCC shall, to the extent applicable, be considered to be part of any franchise granted hereunder as of the effective date of such amendment, and shall be incorporated into such franchise by amendment thereto within one year from the effective date of the FCC’s amendment or at the time of renewal of the franchise, whichever occurs first. [Ord. 199 § 16, 1976]
4.25.170 Pre-emption.
If any provisions of this chapter have been preempted by Rules of the FCC, FCC Rules shall govern. [Ord. 199 § 18, 1976]