Section: 5.10.040 Continuation of cable franchise with Crescent Cablevision Limited
A. Except as
amended in this chapter, the terms and conditions of the franchise transferred to
Crescent Cablevision Limited on October 1, 1981 shall continue in full force
and effect. These amendments are intended as a continuation of the existing
franchise and not the granting of a new franchise.
B. The
franchise granted in this chapter shall allow grantee to construct, operate and
maintain a community antenna television system, together with the right to lay,
construct, install, operate, maintain, use, repair, replace and/or remove
television coaxial cables, poles, wire, conduits, and other fixtures, upon,
along, through, in, over and under public highways, streets, roads, alleys,
bridges, tunnels and other public places in the county of Del Norte as grantee
may elect to use for this purpose for a
period as described in this chapter, subject to the following terms,
conditions, requirements, obligations and limitations:\
1. Performance of all work
within any public right‑of‑way shall be in conformity with plans
and specifications approved by and to the satisfaction of the county director
of public works and in accordance with all applicable laws, ordinances, rules
and regulations.
2. Any pole or poles erected by grantee in
the conduct of his business shall be done only after grantee secures a permit
therefor from the county director of public works. In each case, the decision
of the director of public works as to all conditions in connection with the
issuance of such permit shall be final. Breach by grantee of any such condition
shall be cause for the board to declare such franchise forfeited: provided,
however, that any such condition promulgated by the director of public works,
in the discretion of the board, be reviewed, amended, rescinded or nullified.
3. Any facilities installed pursuant to this
franchise shall be so placed as not to interfere with the use of any public
right‑of‑way for the traveling public or for any other public
person to any greater extent than is reasonably necessary,' and, except where
necessary to cross a roadway, shall be placed outside of the roadbed, as near
to the right‑of‑way line as possible so as not to interfere with
road maintenance, operation or with other underground facilities. Any cables,
wires or conduits shall be covered to and maintained at a depth of at least two
feet below the surface of the ground, except where mounted on poles or where
necessary to cross a bridge or other structure or to use a tunnel, in which
case the methods employed in mounting and carrying the cables, and/or placing
poles or crossing bridges or other structures or using a tunnel shall be
approved by the director of public works prior to the installation thereof.
After such installation the same shall be inspected and approved by the
director of public works. In case of non-approval, the same shall be changed or
corrected at the sole expense of the grantee so as to conform to the
specification of the director of public works within a reasonable time after
notification of disapproval.
4. In connection with any
installation in connection with the business of tile franchise, the grantee
shall fill and compact all trenches and leave the surface of any streets in as good a condition as they were prior to
the installation.
5. Grantee shall indemnify and save harmless the county, its employees and agents from any and all
liability from any loss or damage to persons or property from any cause whatsoever resulting from tile operations
of tile Grantee pursuant to this franchise. Grantee shall take out and maintain
public liability insurance to protect the
county against loss for such liability in amounts of not less than one hundred
thousand dollars for one person injured
in one accident and not less than three hundred thousand dollars for more than
one person in injured in one accident and in the amount of fifty thou sand dollars with respect to any property
damage afore said. A certificate of such insurance shall be filed with tile County clerk in forms satisfactory to
the county. The policy shall have a non‑cancellation‑without‑ten-days‑notice‑to‑County
clause and shall provide that copies of
all cancellation notices shall be sent to the county clerk of the county of Del
Norte. If tile grantee does not keep such
insurance in full force and effect, the county may take out the necessary
insurance and pay the premium and the repayment
thereof shall be paid by the‑grantee within thirty days of this franchise
shall be then and there forfeited and all
activities of grantee under this franchise shall then and there cease.
6. Grantee shall, at grantee's expense,
remove or relocate any of its facilities,
which interfere with the maintenance or any improvement or chance of any
public right of‑way upon receiving notice from the county that such
facilities be removed or relocated.
7. As consideration for the granting of this
franchise and in accordance with Section
5.08.060 of the Del Norte County Code,
grantee agrees to pay to the county of Del Norte five percent of the gross
receipts from all basic rate monthly charges. Payment of the five percent shall
be subject to the following conditions:
a.
The fee shall apply to the net revenues from pay channel rates. Net revenue is defined as the customer charges less
the amount paid by the grantee to the supplier of the program material offered
on the pay channel.
b. The fee shall apply to both residential basic rates and bulk
service basic rates.
c. The fee shall be effective August 1, 1984,
provided, however, that the fee shall be limited to three percent during any
period of time the county is required to have approval of the Federal
Communications Commission or any other federal or state regulatory body and
such approval has not been granted.
8. Grantee
shall file with the county clerk quarterly on or before March 1st, July 1st, October
1st, and December 31st of each calendar year, a verified statement showing in
detail the gross receipts of grantee during the preceding quarter arising from
the operations under this franchise. The report shall also set forth the number
of basic service customers, HBO customers, Playboy channel customers and the
number of customers being served by any other separately charged service. The
information shall be set forth in such a manner as to be auditable as
determined by the county's auditor-controller. Costs associated with the
program material presented on pay channels shall be separately set forth as to
each supplier of such program material. Failure to file the statement as
provided in this chapter which shall continue for more than fifteen days
following notice thereof the grantee from the county, shall be grounds for the
declaration of a forfeiture of this franchise and of all rights of the grantee.
9. Grantee shall not sell, transfer or otherwise dispose of this franchise without the written consent of the board of supervisors of the county, and any attempt to sell, transfer, or otherwise dispose of this franchise without such consent shall be grounds for a declaration of forfeiture and all rights accruing under this franchise.
10. This franchise shall be
nonexclusive and shall not prevent the board of supervisors of the county from
awarding or selling another franchise and privilege for the same uses and
purposes within the area to which this franchise is applicable.
11. The board of supervisors
of the county shall have the power and right at all times for the duration of
this franchise to require grantee to conform to reasonable rules and
regulations adopted by the board of supervisors, including the power to
regulate and establish rates and charges charged by grantee for services
rendered under this franchise. The establishment of such rules and regulations
shall be discretionary with the board of supervisors.
12. This franchise covers
the area of the county more particularly described in Exhibit "A"
attached hereto and incorporated in this chapter by this reference.
13. Rates. To the maximum extent permitted
by law, the county shall regulate the
rates charged by the grantee for subscriber services, the installation of equipment and the commencement of service to
subscribers. No change in rates subject to county regulation shall be
effective without approval of the board of
supervisors. Grantee shall make a request for any change in rates subject to
regulation by the county to the board
of supervisors who shall act upon such request within ninety days. Failure to
act within a ninety‑day period of receipt of a request for a change of
rates shall have the effect of
approval at the end of such period. Consideration of any request for a change
in rates by the board of supervisors may
be had at any regular or special meeting of the board wherein the request has
been duly agendized. The board Of Supervisors may hold one or more public hearings for purposes of considering such rate change
requests. Action of the board of super visors
approving rate changes shall be by resolution of the board in which the rates
are specifically set forth. Rate changes
may be made effective immediately upon the adoption of such resolution.
14. Grantee shall maintain
a business office or a toll‑free telephone listing in the Crescent City
area for the purpose of receiving inquiries and complaints from its customers.
Grantee shall investigate all complaints within five days of their receipt and
shall, in good faith, attempt to resolve them swiftly and equitably.
15. This franchise is governed
by and subject to all applicable rules and regulations of the Federal Communications
Commission, specifically including part 76, and by the laws of the state of California.
Should there be any modifications of the provisions of Section 76.31 of the
rules and regulations of the Federal Communications Commission which must be
incorporated into this franchise, the board of supervisors and grantee agree
that such incorporation shall be accomplished within one year after the
effective date of the FCC's adoption of the modification, or upon renewal of
this franchise, whichever occurs first. However, the right is reserved to the
board of supervisors to adopt, in addition to the provisions contained in this
chapter and existing applicable ordinances, such additional ordinances as it
shall find necessary in the exercise of its police power, provided that such
regulations shall be reasonable and not in conflict with the rights herein
granted, the laws of the State of California, the laws of the United States of
America, or the rules of the Federal Communications commission.
16. In the event that any term,
condition, or obligation of this permit is violated by grantee and the
procedure for forfeiture by reason of the violation has not been heretofore
specifically provided for, then the county may give grantee a notice to remedy
such violation within a thirty day period, and if such violation is not
remedied within the period of time, then the county, at its election, may
declare this franchise to be terminated and all rights of grantee in and to
this franchise shall thereupon cease and grantee shall immediately conclude all
operations and business under this franchise.
17. Grantee shall pay all
franchise fees and property taxes when due. Failure to pay franchise fees or
property taxes when due shall constitute grounds for declaration of a
forfeiture of this franchise and of all rights of the grantee under this
chapter.
18. The amendment to this franchise,
contained in this section, shall take effect as of the first day of August,
1984, and shall expire on February 11, 1989. (Ord. 84‑12 (part), 1984.)