Ch. XII Cable Communication Franchise | Clearlake Municipal Code

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Chapter XII CABLE COMMUNICATION FRANCHISE

12-1 INTENT
- 12-1.1 General Findings.
- 12-1.2 Purpose.
12-2 DEFINITIONS
- 12-2.1 List of Defined Terms.
- 12-2.2 Other Terms.
12-3 PROGRAMMING AND CHANNEL CAPACITY
- 12-3.1 Grantee Compliance.
- 12-3.2 Initial Channel Capacity.
- 12-3.3 Broad Programming Categories.
- 12-3.4 Deletion or Reduction of Programming Categories.
- 12-3.5 Leased Access Channels.
- 12-3.6 Broadcast Channels.
- 12-3.7 PEG Access.
12-4 FRANCHISE -- REQUIRED AND DURATION
- 12-4.1 Franchise Required.
- 12-4.2 Description of Authorization.
- 12-4.3 Duration.
- 12-4.4 Owner Consent Required.
- 12-4.5 Grantee’s Expense.
12-5 FRANCHISE -- APPLICATION
- 12-5.1 Filing.
- 12-5.2 Application Requirements.
- 12-5.3 Application Fee Required.
- 12-5.4 Grantee’s Application Incorporated.
12-6 FRANCHISE -- REVIEW OF APPLICATION
- 12-6.1 Initial Franchise or Nonformal Renewal.
- 12-6.2 Formal Renewal Applications.
- 12-6.3 Standing Not Granted.
- 12-6.4 Final Franchise Agreement Required.
12-7 FRANCHISE -- CONTENTS OF PROPOSAL AND REVIEW
- 12-7.1 Request for Proposal -- Requirements.
- 12-7.2 Request for Proposal -- Authorization.
- 12-7.3 Request for Proposal -- Instructions.
- 12-7.4 Cable-Related Needs to Be Met.
- 12-7.5 Bid Bond and Deadline.
- 12-7.6 Additional Information.
12-8 LEGAL QUALIFICATIONS
- 12-8.1 Legal Ability to Perform.
- 12-8.2 Opportunity to Explain.
- 12-8.3 Cable Act Renewal Provisions Prevail.
12-9 LIMITATIONS OF FRANCHISE
- 12-9.1 No Implied Rights.
- 12-9.2 Reservation of Rights.
12-10 NONEXCLUSIVE FRANCHISE AND COMPETITION ENCOURAGED
- 12-10.1 Nonexclusive Franchises Only.
- 12-10.2 Reservation by City.
- 12-10.3 Exclusive Contracts for Cable Service Prohibited.
- 12-10.4 Parity of Franchises.
12-11 OTHER LIMITATIONS OF FRANCHISE
- 12-11.1 No Expectancy of Renewal.
- 12-11.2 Prior Lawful Occupancy Prevails.
- 12-11.3 Delegation of Authority.
- 12-11.4 Nonrecourse against City.
- 12-11.5 Grantee Subject to City Police Powers.
- 12-11.6 Public Interest Promoted.
12-12 NO WAIVER
- 12-12.1 Failure Not Waiver.
- 12-12.2 Waivers Are Specific.
12-13 AMENDMENTS TO ORDINANCE AND FRANCHISE AGREEMENT
- 12-13.1 Ordinance Not a Contract.
- 12-13.2 Amendment of Franchises.
12-14 CONDITIONS OF STREET OCCUPANCY
- 12-14.1 Installation - Location.
- 12-14.2 Installation - Timing.
- 12-14.3 General Construction and Operational Practices.
- 12-14.4 Relocation of Facilities.
- 12-14.5 Failure to Remove, Replace, or Restore.
- 12-14.6 Removal or Relocation in Event of Emergency.
- 12-14.7 Authority to Trim Trees.
- 12-14.8 No Guarantee of Accuracy of Maps.
- 12-14.9 Contractors.
12-15 CONSUMER PROTECTION -- GENERAL
- 12-15.1 Customer Protection Requirements.
- 12-15.2 Enforcement in Franchise Agreement.
- 12-15.3 Uniform Standards.
- 12-15.4 Failure to Meet Standards.
- 12-15.5 Right of Privacy.
- 12-15.6 City’s Rights Not Limited.
12-16 RATE REGULATION
- 12-16.1 Uniform Charges.
- 12-16.2 Non-Discrimination of Fees.
- 12-16.3 Review of Initial Rates.
- 12-16.4 Rate Regulation Consistent with Law.
12-17 FRANCHISE FEES
- 12-17.1 Franchise Fee Rate.
- 12-17.2 Payment of Franchise Fee.
- 12-17.3 Quarterly Statement of Gross Revenues.
- 12-17.4 Late Payment Fee.
- 12-17.5 Franchise Fee Is Separate Fee.
- 12-17.6 Audit.
12-18 PROTECTION OF CITY AND ENFORCEMENT-- LIABILITY INSURANCE
- 12-18.1 General Provisions.
- 12-18.2 Public Liability and Property Damage Insurance.
- 12-18.3 Business Automobile Insurance.
- 12-18.4 Additional Insureds.
- 12-18.5 Workers’ Compensation Insurance.
- 12-18.6 Certificates of Insurance.
- 12-18.7 Additional Insurance.
12-19 PROTECTION OF CITY AND ENFORCEMENT -- PERFORMANCE BOND
- 12-19.1 Performance Bond.
- 12-19.2 Recovery.
- 12-19.3 Elimination of Bond.
- 12-19.4 Bond Rating.
12-20 PROTECTION OF CITY AND ENFORCEMENT -- SECURITY FUND
12-21 INDEMNIFICATION
- 12-21.1 General Indemnity.
- 12-21.2 City Property.
12-22 REMEDIES -- LIQUIDATED DAMAGES
12-23 TERMINATION
- 12-23.1 Removal of Cable System.
- 12-23.2 City’s Right to Purchase System.
- 12-23.3 Transfer or Abandonment.
12-24 TRANSFERS
- 12-24.1 Prior Written Approval Required.
- 12-24.2 Applications.
- 12-24.3 City Response.
- 12-24.4 Change in Control.
- 12-24.5 Evidence of Transfer.
- 12-24.6 Transfer Null without Authorization.
12-25 SPECIAL RULES FOR OPEN VIDEO SYSTEMS
- 12-25.1 Application for an OVS Franchise.
12-26 MISCELLANEOUS
- 12-26.1 Connections to a Grantee’s System; Use of Antennas.
- 12-26.2 Warranties and Guarantees.
- 12-26.3 Severability.
- 12-26.4 Operation of a Cable System without a Franchise.
- 12-26.5 Effective Date.
12-27 PEG FACILITIES FEE
12-28 STATE VIDEO SERVICE FRANCHISE
- 12-28.1 Purpose.
- 12-28.2 Rights Reserved.
- 12-28.3 Compliance with Section.
- 12-28.4 Definitions.
- 12-28.5 State Franchise Fees.
- 12-28.6 PEG Fees.
- 12-28.7 Payment of Fees.
- 12-28.8 Audits.
- 12-28.9 Late Payments.
- 12-28.10 PEG Channels.
- 12-28.11 Lease of City-Owned Network.
- 12-28.12 Customer Service and Consumer Protection Standards.
- 12-28.13 Penalties for Violations of Standards.
- 12-28.14 Construction in the Public Rights-of-Way.
- 12-28.15 Permits.
- 12-28.16 Participation with Other Utilities.
- 12-28.17 Underground Services Alert.
- 12-28.18 Emergency Alert Systems.
- 12-28.19 Interconnection for PEG Programming.
- 12-28.20 Notices.
Exhibit A CABLE TELEVISION CUSTOMER SERVICE STANDARDS