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HomeMy WebLinkAboutMINUTES - 05041993 - 2.5 TO: BOARD OF SUPERVISORS �. °E Contra ,• ��--moo.. r, FROM: Phil Batchelor, County Administrator Costa 1 ;3 County April 29 1993 P DATE: i �r a-c=�U `'. SUBJECT: REPORT ON STATUS OF REVISED CABLE TELEVISION ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Cable Television Franchise Administrator to finalize the draft Cable Television Ordinance, incorporating language as suggested by the Board on the following three issues: INCREASE IN LICENSE FEE Option 1 If the federal law removes the current 5% cap on license fees, the Board could without a public hearing increase the grantees ' license fees one percent or less every two years or, after holding at least one public hearing, could increase license fees more than one percent at any time within the term of the license. (Attachment A-draft Cable Ordinance, Section 58-6 . 002 ( 1) . ) Option 2 If federal law removes the current 5% cap on license fees, after holding one or more public hearings, the Board could increase license fees up to the rate of increase in the Consumer Price Index no more than once in any 24-month period. (Attachment B-Cable Operators " suggested language. ) CABLE RATE INCREASES Option .1 To the extent allowed by • federal law, the grantee could increase basic cable service rates without the approval of the Board during any two consecutive years in an amount not to exceed three percent or the rate of increase in the Consumer Price Index, whichever is less . For other rate increases, the procedure outlined in Section 58-8 . 008 applies . (Attachment A-draft Cable Television Ordinance, Section 58- 8 . 008 ( 10) . ) . CONTINUED ON ATTACHMENT: YES SIGNATURE: J RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S):. ACTION OF BOARD ON May 4F 1993 APPROVED AS RECOMMENDED OTHER X See Addendum (attached) for Board action and modifications . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 4 , 1993 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF Cc: CAO SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel County Administrator Pat Burke BY `� DEPUTY -2- Option 2 To the extent allowed by federal , law, the grantee could increase any cable service rate without the approval of the Board no more than three times and in an amount that does not exceed the rate of increase in the Consumer Price Index. (Attachment C-Cable Operators ' suggested language. CONSULTANT FEES FOR INVESTIGATION OF COMPLAINTS Option 1 After a significant number of complaints are received or where there exists other evidence which indicates a problem with the grantee' s performance, :the county, after notifying the grantee and giving the grantee an opportunity to cure the problem, may hire a consultant, at the grantee' s expense, to review and report on the results of the grantee' s evaluation of the performance, operation or administration of the cable system. (Attachment A-draft Cable Television Ordinance Section 58-14 . 028 (2) . Option 2 After a significant number of complaints are received or where there exists other evidence which indicates a problem, the county, after notifying the grantee and giving the grantee an opportunity to cure the problem, may hire a consultant, at the county's expense, to review and report on the results of the grantee's evaluation of the performance, operation or administration of the cable system. ( Insert bold in draft ordinance if option selected-Cable Operators ' suggested language. ) Direct staff to request the Cable Operators to purchase the microwave equipment and begin construction of the microwave interconnect based on the final adoption of the Cable Television Ordinance and signing of the Interconnect Agreement referenced therein in order to meet the June 30, 1992 FCC license deadline. FISCAL IMPACT: LICENSE FEE: Increasing license fees by 1% would impact the general fund. Based on 1991 license fee payments, each additional percent of license fees collected would increase the general fund contribution by approximately $150,000 a year. A one percent increase in license fees would result in a $ .50 per month increase to a subscriber with an average bill of $50 . 00 a month. CABLE RATE INCREASES: Each percent increase in basic service rates would result in an approximately $ . 10 to $ .20 increase per month on a subscriber' s bill based on current basic service rates . If the increase could be applied to all rates, the result could be $ .50 or greater. The county' s license fees would increase by 5% of the percent of increase given current license fee caps . CONSULTANT FEES: The extent of the fiscal impact is unknown at this time. Consultant fees can range from $100 per hour to $400+ per hour depending on the level of expertise necessary to review the problem identified by the complaints or available evidence. The number of hours required for the consultant' s review and report would also depend on the complexity of the problem BACKGROUND: On March 16, 1993, the Board directed staff to confer with the Internal Operations Committee to develop language to incorporate some remaining issues into the final draft of the Cable Television Ordinance. After staff reviewed the remaining issues and subsequent discussions with the Cable Operators with the members of the Internal Operations Committee, staff was directed to bring the above three issues before the full Board for their direction. Negotiations began with the cable operators over five years ago to revise the County Cable Television Ordinance (Division 58 of the County Ordinance Code; Ordinance No. 82-28) , which was adopted in 1982 . Revision of the ordinance included new provisions authorized r `, -3- by Federal Cable Communications Policy Act of 1984, customer service standards and provisions for a countywide interconnect. During the course of negotiations, the cable operators identified approximately twelve issues of major concern. The implementation of a countywide interconnected PEG (Public, Educational and Governmental) channel was one such issue which was brought to the Board in November, 1991 . At that time, staff was directed to implement the interconnect, negotiate with the operators for a two-phased implementation process and negotiate a financing arrangement for the interconnect. An Interconnect Agreement was finalized with the cable operators in August, 1992 . It includes a two-phased implementation process, provisions for a second access channel no sooner than 2003 and arrangements for "up front" funding to purchase production and microwave equipment with the recovery of cable operators ' costs as a credit to their franchise fees over the next six years . Negotiations then resumed with the operators to finalize the Cable Ordinance. In November, 1992, staff received a greatly marked up version of the county' s draft. Staff thought that following the completion of the Interconnect Agreement there were only a few outstanding issues that needed review, but the operators ' marked-up draft indicated that they wanted to revisit a number of issues that had previously been negotiated. Staff met with the operators in November, 1992 to focus on six main issues . There appeared to be movement toward resolution on those issues . However, it was apparent that additional time would be necessary to review all the proposed changes. The Board directed staff at that tine to continue to negotiate in "good faith" with the understanding that negotiations would be completed in sufficient time to complete the interconnect in the time allotted by the FCC. Deadline for the construction of the microwave interconnect is June 30, 1993 . If the ordinance is not finalized and the construction is not started by this date, it is unlikely that the FCC will extend the six licenses necessary for the interconnect. ATTACHMENT A ORDINANCE NO. 93- (On Cable Systems) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . To modernize its provisions and provide for cable system regulation in the unincorporated area, Division 58 of the Contra Costa County Ordinance Code is repealed, and reenacted in amended form, to read: DIVISION 58 CABLE SYSTEMS CHAPTER 58-2 DEFINITIONS 58-2 . 002 Title. This division shall be known as the "Cable Television Ordinance" of the County of Contra Costa. 58-2 . 004 Generally. For the purpose of this division the following terms, phrases, words and their derivations shall have the meaning given herein, or as otherwise defined in this code. Words not defined shall be given their common and ordinary meaning. 58-2 . 006 Additional outlet. "Additional outlet" means the wiring and electronics associated with providing basic service to any television set and/or other receiving equipment in addition to the primary outlet serving an individual dwelling unit. 58-2 . 008 Basic service. "Basic service" means any service tier which includes the retransmission of local television broadcast signals, all PEG channels, and all equipment necessary for the proper reception of those signals and channels . 58-2 . 010 Cable operator or operator. "Cable operator" or "operator" means any person or group of persons ( 1) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (2) who otherwise controls or . is responsible for, through any arrangement, the management and operation of such a cable system. 58-2 . 012 Cable service. "Cable service" means : ( 1) the one-way transmission to subscribers of video programming, radio signals, or other programming service, and (2 ) subscriber interaction, if any, which is required for the selection of such video programming, radio signals, or other programming service. 58-2 . 014 Cable system. "Cable system" , "cable television system" or "system" means a facility, consisting of a set of closed transmission paths -1- 0 3-16-93 Draft and associated signal generation, reception and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include: ( 1) A facility that serves only to transmit the television signals of one or more television broadcast stations . (2) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way. ( 3) The facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers . (4) Any facilities of any electric utility used solely for operating its electric utility systems. 58-2 . 016 Commercial use channel . Commercial use channel means any channel or portion of a channel available for use by persons unaffiliated with the grantee for the provision of video programming, whether or not for profit. 58-2 . 018 Converter and descrambler. "Converter and descrambler" refers to equipment the grantee may install for subscribers in order that the subscriber may receive service. 58-2 . 020 CPI . "CPI" refers to the Consumer Price Index, All Items, All Urban Consumers, for San Francisco-Oakland-San Jose ( 1982-84=100) , prepared by the United States Department of Labor, Bureau of Labor Statistics, or successor agency. 58-2 . 022 Drop line. "Drop line" or "drop" means the cable and related equipment that carry cable signals between a feeder line and a subscriber' s terminal . 58-2 .024 FCC. "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. 58-2 . 026 Feeder line. "Feeder line" means the cable, amplifiers and related equipment that carry cable signals between a trunk line and drop line(s) and that are capable of being tapped by drop line(s) to furnish cable service directly to one or more subscribers . 58-2 . 028 License. "License" means and includes any nonexclusive authorization granted hereunder to construct, operate and maintain a cable television system in specified areas in the county, including the extension or renewal of such authorization. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the -2- 3-16-93 Draft privilege of transacting or carrying on a business within the county as required by ordinances and laws of this county. 58-2 .030 License award resolution. "License award resolution" means any and all legally executed documents which award a license, provide for the acceptance thereof, and establish conditions and standards for the grantee's activities pursuant to the license. 58-2 . 032 Grantee. "Grantee" means the person granted a license by the board under this division to operate a cable system within the county; and the lawful successor, transferee or assignee or said person. 58-2 . 034 Gross annual receipts . "Gross annual receipts" means any and all compensation in whatever form received by the grantee or any other person and derived directly or indirectly from the operation of a cable system under this division. Gross annual receipts shall include, but not be limited to, revenue received from subscribers or users for basic service, optional services, installation and reconnection, additional outlets, commercial use channels, converter or descrambler rental, advertising and home shopping. Gross annual receipts shall not include revenue from: 1) any taxes on service furnished by the grantee imposed directly upon any subscriber or user by the State or other governmental entity and collected by the grantee on behalf of the State or other governmental entity, including any sales tax or utility user's tax; 2) refundable deposits collected from subscribers or any other person; 3) copyright fees collected by the grantee for payment to the Federal Copyright Royalty Tribunal; 4) reimbursement for damaged equipment or plant; 5) VCR (video cassette recorder) and videotape rental or leasing; 6) studio productions; 7) retail sale of items commonly sold at retail by non- cable businesses in Contra Costa County, including TV Guide magazines, VCRs (video cassette recorders) and videotapes; 8) reimbursement from developers or utilities; and 9) reimbursement for bad check charges paid to the grantee' s financial institution. g .. .. ere <�: ;a e;': a:>e; a Om;;gross ;annu:a t > >bad; >debt:5< written c f�: :;.: the:: tee:: iii the:.: uisual and.;:>c�.rd .a r±ac± s: p Y g ; .. .:: . .. ry course .af its bt s:iness :to .the >extent'' ha ;<>trie revenue w th" res' est;;;thereto ..... «.:.;; .: ... . . .. . . . : ..... tv$s cludeii:::;: srt: tete: Betarmht: :an>:o :::>::: :r.os:s. :az:nua: .ea:.:.ts: Fax::.>:an t.+ to: ... . ............ . . .. .. ......:.:....... P.. Y gross: az nua >:re:ce� ts; not;;;re;ce::.ve rom; s ..s:cr ers; : r� ;t;e'>count; snc ; ;as .. . . . dve :tsiri and Dome sham rev+anue; the;::re:veu;e w�th::res ect :the ; to:>s a� 1 .;:. g pp g .;................ P<: ... be> rorated;; based: u on':the;;:number ;o'f subscribers: ,in..the un ncor ora ted:.area ... . .:::: .. .. ... ... . P e t e :ve t n e the; st;:;cla' ; nf; he :: era:. £or a th . .;court.. y s; r d y. ;:.g a: Vie.. a�;;.::o. Y.::.; p ............ ._.. mi why ch >the<.»I ce zse>>fee: ;is> deter ned ;in re;Iat vn >t'o:,::.the;:a re ate number>sbf ... .................: ..... ..4 :: ;> :: .. . v:e b. >>th rantee ar, as : f> the;::c; u t c�:ud'n a13 suk sCr hers sed: d : :. a 9.. ::<:<::.;;; :..;;.;> �«...... . ........... .;; ... n.: (;.;n :: . .... . . ....... 3 . .. . <g. .. .. . the tames ..s; cable s ;s:tem>;; as: of : the 3a:st ;da f muni c�pa l ;t e s s er;�red;;;by.: g. ;;;;;;:.;.. :.;;; Y ;:.: ;; . ;:;;;; ;; ........ . y .. . .. . od> ; d s «> t » >:t a be c de :<> •n» ;;f: such ;. r�..: r a . h ice :u1t .:ab axh d;:;; ; reb :::s.ha #fit .u. d a he. ........ . .... . . .... .... ... determination of ;rosy: ;annum :read p. g 58-2 . 036 Hub. "Hub means a distribution center, generally connected to a headend by a dedicated trunk line, which distributes cable signals to trunk lines . -3- 3-16-93 Draft • 58-2 . 038 Installation. "Installation" means the connection and/or activation of the system from feeder cable to subscribers ' terminals . 58-2 . 040 Optional services . "Optional services" includes all other retransmission, originations or communications, whether digital, video or audio, which the grantee may provide but which are not required to be accepted along with the basic service by the subscriber. 58-2 . 042 PEG channel . "PEG channel" means a channel or channels, including channel capacity and channel assignment, required to be made available to the county by the grantee under this division for use in cablecasting public, educational and/or governmental programming, as determined by the county in its sole discretion. PEG channel may also be referred to as "community television channel" or "community service channel . " 58-2 . 044 PEG facilities . "PEG facilities" means all services, facilities and equipment related to the production or cablecasting of PEG programming over PEG channels . 58-2 . 046 PEG programming. "PEG programming" means public, educational and/or governmental programming, as determined by the county in its sole discretion. 58-2 . 048 Primary outlet. "Primary outlet" means the connection of the cable system by means of a-subscriber drop installed on subscriber's premises for the purpose of delivering basic service to the initial television set and/or other receiving equipment. 58-2 . 050 Property of grantee. "Property of grantee" means all property owned, installed or used within the county by a grantee in the conduct of a cable television system business under the authority of a license granted pursuant to this division. 58-2 . 052 Street. "Street" means the surface of and the space above and below any public street, public highway, public alley, public sidewalk, public easement or public right-of-way of the county, now or hereinafter existing as such within unincorporated areas of Contra Costa County. 58-2 . 054 Subscriber. "Subscriber" means any person lawfully receiving cable service or other services from a grantee. 58-2 . 056 Terminal . "Terminal" means the external point on the subscriber' s residence or building at which a drop line connects with the cable that provides signals to the subscriber's television set(s) or other receiving equipment. 58-2 . 058 Trunk line. "Trunk line" means the cable, power supplies, amplifiers, hubs and related equipment that carry cable signals between a headend and feeder line(s) and that are not capable of being tapped by drop line(s) to furnish cable service directly to one or more subscribers . -4- 3-16-93 Draft 1 L f 58-2 . 060 User. "User" means a party utilizing a cable television system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity. CHAPTER 58-4 FRANCHISING REQUIREMENTS 58-4 . 002 License required. No person shall establish, construct, operate, or maintain within this county a cable system unless a license therefor has been obtained pursuant to the provisions of this division, and unless such license is in full force and effect. Also, no person shall construct, install or maintain within any street in the county, or within any other public property of the county, or within any privately-owned area within the county which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the county, any equipment or facilities for distributing any television signals or radio signals through a cable system, unless a license authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this division, and unless such license is in full force and effect. 58-4 . 004 Unauthorized operation of cable system. If a cable system is established, constructed, operated or maintained within the county without the license required by this division, the county may notify the Cable Operator of the license requirement. If the Operator continues an unauthorized operation for sixty days after such notice from the county, the Operator shall forfeit to the county all gross receipts from the system for so long as such unauthorized operation continues . 58-4 . 006 Granting. Nonexclusive licenses to establish, construct, operate and maintain cable systems within all or any portion of the unincorporated area of the county may be granted by the board to any other person, whether operating under existing licenses or not, who or which offer to furnish and provide such systems under and pursuant to the terms and provisions of this division. Neither the granting of any nonexclusive license hereunder nor any of the provisions contained herein shall be construed to prevent the county from granting any identical, or similar, nonexclusive license to any other person, within all or any portion of the county. In the event the county grants an overlapping license under terms and conditions materially different from those in the existing license, then the grantee may, within six months of the grant of such overlapping license, elect to come under the same terms and conditions as the overlapping license. Said election shall apply to the grantee' s entire license area and shall become effective upon the grantee' s filing with the clerk of the board its written acceptance, in a form satisfactory to the county counsel, together with all required bonds and insurance certificates, and its agreement to be bound by and comply with all terms and conditions applicable to the overlapping license. In no event shall an election under this section result in a reduction in the amount of bonds or insurance policies in force at the -5- 3-16-93 Draft time of election, nor shall an election result in extension of the existing license term. 58-4 . 010 Term of license. A new license or license renewal granted by the board shall be for the initial term specified in the license award resolution, but in no event for an initial term longer than ten years following the date of acceptance of such license by the grantee. The board may, in its sole discretion, grant an extension or extensions to the initial term. 58-4 . 012 Effective date. No license granted pursuant to the provisions of this division shall become effective unless and until the resolution granting same has become effective, and in addition, unless and until all things required in the resolution and Sections 58-6 . 004, 58-6 . 006, if applicable, and 58-6 . 008 are done and completed, all of such things being declared to be conditions precedent to the effectiveness of any such license granted hereunder. The license award shall automatically be null and void if the grantee fails to do all such things within thirty (30) days after receipt of written notice thereof from the county administrator. 58-4 . 014 Acceptance by grantee. Within thirty days after the date of the resolution awarding a license, or within such extended period of time as the board in its discretion may authorize, the grantee shall file with the clerk of the board its written acceptance of the license, in a form satisfactory to the county counsel, together with all required bonds and insurance certificates, and its agreement to be bound by and to comply with and to do all things required of it by the provisions of this division and the license award resolution. Such acceptance and agreement shall be acknowledged by the grantee before a notary public and shall be in a form and content satisfactory to and approved by the county counsel . 58-4 . 016 License applications . ( 1) All applicants for renewal of a license or for a new license, shall be expected to offer to subscribers a modern, efficient, cost-effective system that will facilitate quality maintenance, deliver a variety of programming and services, and provide the flexibility needed to adjust to changing technology and new developments in the industry. Applicants are encouraged to formulate their proposals in an innovative fashion, so as to meet the informational requirements of the county and the service needs of subscribers . Proposals shall contain sufficient material to enable the board to make fully informed judgments concerning the adequacy of the proposal and the applicant' s qualifications to construct, operate and maintain a cable system in Contra Costa County. All applicants shall, at a minimum, provide the information described in Section 58-4 . 018 . The county administrator, in his or her sole discretion, may consider the particular circumstances of each proposal and may waive informational requirements contained in Section 58- 4 .018 . -6- 3-16-93 Draft (2) Where information required to be submitted under Section 58-4 . 108 has previously been submitted to the county, and is still on file at the time of application, the applicant may not be required to resubmit such information, provided that the applicant certifies that such information is complete, current and accurate. 58-4 . 018 Contents of License applications The license application shall contain the following information: ( 1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also 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 associates, and the names and addresses of parent and subsidiary companies; (2) A statement and description of the cable 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 the 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; (3) A description, in detail, of the public streets, public places and proposed public streets within which the applicant proposes or seeks the authority to construct, install or maintain any cable television equipment or facilities; and a detailed description of the equipment or facilities proposed to be constructed, installed or maintained herein. (4 ) A map specifically showing and delineating the proposed service area or areas within which applicant proposed to provide cable television services and for which a license is requested; (5) A statement describing the existing and proposed level of service, including but not limited to: cable services and other services which will be immediately available and those proposed (setting forth under what circumstances the proposed services will be made available; PEG facilities and equipment (current and proposed) ; policies relating to outages, late fees and system maintenance; methods of addressing consumer complaints; method of record keeping; proposed or actual rates and charges to subscribers for installation and services; and a copy of -7- 3-16-93 Draft any service agreement between the grantee and its subscribers . (6) A financial statement prepared by a certified public accountant or public accountant satisfactory to the Board, showing the applicant' s financial status and ability to construct, install and maintain the proposed cable system; ( 7) The Board may at any time request, and the applicant shall provide, such supplementary,additional or other information as the Board may deem reasonably necessary to determine whether the requested license should be granted. If a license 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 license shall be deemed void and of no force and effect whatsoever; 58-4 . 020 Application fee. An application fee for a new, renewal, expansion or transfer of license shall be required in the amount of $1,000 .00 . In addition, the county administrator, in his or her sole discretion, may consider the particular circumstances of each application and may reduce or waive any fee otherwise required by this section. The purpose of the application fee is to pay the cost of studying, investigating and otherwise processing such application, which shall be in consideration thereof and not returnable or refundable in whole or in part, except as provided in this section. Application fees are over and above construction inspection and permit fees. Costs for a new applicant shall also include any cost not covered by the application fee that is incurred by the county in its preparation of proposal solicitation documents, evaluation of all applications, including, but not limited to consultant and attorney fees . t. e ; ve t ; t at ;;t e;;':fi t on > ee:;;:.. a b' a a 3 cant < fdr ......... . . ...... . .......... .................. ... ............. ...... .. . .. ..... .. ... renewal <>:ex ans orx> or rams er oe no cover a :;c:osts r. asona l . incurred . . .. ..... t e count the s ant >st ai ;; a: <:>;:s;, ch.:adddit.�orta osts;. s ares e "f erl k..: ... .::: Y, ........ P: Y.;:. : .... . :a P � ::::. ............. ........... J..censeo; ton.;... ;.n;;;th,e: . .. w d ' el . . .......;.;... ..... .... ........... .... ... ........a ..... Any applicant who delivers to the clerk of the board a written withdrawal or cancellation of any application hereunder, within seven days of filing such application, shall be entitled to have returned and refunded said application fee less any actual cost or expenses incurred by the county by reason of such application. 58-4 . 022 New license procedure. Upon receipt of any completed application for a new license, the county shall prepare a report and make its recommendations respecting such application and cause the same to be completed and filed with the board within one hundred twenty days, which time -8- 3-16-93 Draft may be reasonably extended by the board. Such application shall be made under the provisions of Sections 58-4 . 016 through 58-4.0.2;0 . ( 1) In making any determination hereunder as to any application, the board shall give due consideration to: the quality of the service proposed; rates to subscribers; experience, character, background and financial responsibility of the applicant, its management and owners; system design; technical and performance quality of equipment; willingness and ability to meet construction requirements and to abide by license limitations and requirements; and other considerations deemed pertinent by the board for safeguarding the interests of the county and the public. (2 ) The board, after a public hearing, may award the license pursuant to this division or reject such application. The board shall grant or deny such application b resolution s w ere; ' : e a a'catl' c ; 3 ; e;;'ect`ed ;;:;the PP Y ... ..... . . J .: . ....... . . ......................... ....... . . ...... ........ .. board;'shal3:: state:::tt ei reas.o;ns ;t'herefor. 58-4 . 024 Expansion of license area. The board, in its sole discretion and on such terms as it may prescribe, may grant an expansion of a grantee's license area to include a specified area or areas contiguous to the grantee' s existing license area. Applications for expansion of license area shall comply with the provisions of Sectionsthrpu: h 'SB 4 ..00 . 58-4 . 026 License renewal procedure. ( 1) The procedure for license renewal shall be in accordance with applicable federal and state statutes . (2) In the absence of federal and state statute specifically governing license renewal procedures, the following procedure shall apply: (a) At any time between 24 months and 12 months prior to the expiration of a license, the grantee may apply for renewal of the license. Such application shall be made under the provisions of Sections 58-4 . 016 through 58;-4 fI�O (b) Within 12 months of receipt of a completed application for new the board :sha31::> : o :d a::: ub ` c ears Navin : a orded ::t e:<:> 'r' ntEe renewal, .:. ..... ;.P... �9 ;;.;; g. ;;.;. g a .......;... ........... ... . .............................. . .......................... .............. . .... . ......... ........ ............... reasonable::notic; of ;such hear n4 After this public hearing, the board shall grant or deny the application, bas �lg tts d 1. n..:.cart t'he ftp llo�i .ng factoxs: (i) the grantee's compliance with the terms of the existing license and applicable laws; ( ii) the quality of the grantee' s services to its subscribers; (iii) present and future cable-related needs and interests of the grantee' s current and potential subscribers; ( iv) the grantee's financial, legal and technical qualifications; and ....::. v tial: .;<s: ch: »>aci . t;3 ona;l > faotdz s a he bca' d con •ders relevant to: t ie: :renew:a1 a:f;::the;;;franch 5e: ........... .... ......... -9- 3-16-93 Draft ......... . (c) In any renewal proceeding, the granted:;>;sha 1 ''be: a Lorded adze. uate. ::>;:<:ngt�.c:e and: : shall be:'''' afforded' `fair::;;::; o artun fo q . PP:::: :. It r f .l l . . . . amici IN 1:0, The:. rantee :at> s>:e:li2cti and <:ex epse :eta have:>a transc' t 9 . . . : t «««.:: on p. : ... .... P :; < .. ......... . made; of any;;:;such procee.d ng:�: .......... .:.:.:::.:: :::..::::. . . . ..:.:. . . :: d ::The:»:bo6rd.::::after .a> ub : .c: :hear� n ma rcn.t; ;or tlen bma& a 1 cat.ion;. mhe <f oard shall rant><>or< :den such a lic:ation b reso:::ution PP . .. .......:....:.:..:... 4 . . PA;;:;; ; «<.;:.Y <�.. . . . . were > the:»;a cgto s ne t. e. board:_;>s » to : e an n..:.;..: de , a : s: . to thasans P..... .... ..... .. ...... therefor. ................ ...... .................. ... ..................... . . 58-4 . 028 Transfer of ownership. ( 1) Consent of county required. A license is a privilege to be held in personal trust by the original grantee. A grantee shall not sell, transfer, lease, dispose of or assign this license or any rights thereunder, including any beneficial interest or right to operate thereunder, by voluntary sale, merger, consolidation, or otherwise, or by operation of law, without the prior written consent of the board and under such conditions as may herein be prescribed and then only by a duly executed instrument in writing, filed with the board. (a) If grantee is a corporation, prior approval of the board is required when there is an actual change in control, or if ownership of ;twenty percent or more of its voting stock is to be acquired by a person or group of persons acting in concert, none of whom already own twenty: ;: percent or more of the voting stock, singly or collectively. (b) The consent of the board is not required for transfer of the license to a wholly-owned subsidiary of the grantee or<;:; 'to ; ;any ;;:person .:.:: .. .....:.... ...::...:. controlling cot l;i o d: c4 ... 'cn<CQz�trgl yta; the< a te+e` vadin p ; ;; n x edY ; 4::u .;:er. . m .. . : t, . gx n: . ; ........... .. ars a re.e :><:to be bound>;b the <'exst: n: franchise; The count any such:>:;P on :.; ;: ::.:::Y...; g. . ........ Y shall continue to regard the grantee and its transferee as a single entity for all purposes . (c) A grantee's execution of a deed of trust, mortgage or other instrument given merely to secure the payment of any indebtedness of a grantee shall not constitute a transfer under this division and shall not require the consent of the board. (d) The consent of the board may not be unreasonably withheld. However, the county may first evaluate the proposed transferee as to financial responsibility, ability to provide the required level and quality of service and ability to assume the obligations of the license. The proposed transferee shall comply with the applicable informational and procedural requirements of the county as detailed in Sections 58-4 . 018 through 5$ '4 • Q2;O . ........... .. e he board: sha :1<;render ts> decision;;> n>Gonxre ion ....;;.;<.;;;;;;.. ..:::: :.. .. . :;;;:;; ;; :c Uzi t.. any :: re uest.> fqr.......the::>;sale; tra.ns:fer ;; lease:>;grsa. nmerzt»>;of a;> > a.cene� within q .......;:.;:.::...r:...:...:..::: �::.;.;:.;:::....::.:.:.....:.: .;;;:.;:.;:.;:.::: .;.:..: ..... nine.t. 90 da s;«>;after:>:> re.ce ;t: of ;:a>:: re; oast th� efor::> and all' 'materia ... Y ( :: . Y ;:;. .. . ... . : :.P.. q.;;;. . .......... ... ... .;;; . .. . .. ... ... . ........................ ... . i>riformat on +a fired>:<a :::00nnect iOAa. .. . -10- 3-16-93 Draft ( f) The board, after a public hearing, may g ; or ;denr ;a nsrysl a 1�cats ori c The. 'b�arci >shal:3 rant:: or ;de : . such> a l cat a b . PP ;;;; g;:.;;; ; .PP .... n ; Y;..;r solut ark ::.: .: ............... .. . :....: .. . ..here the l • to , e, . h' gridz pp. a n a.s d. rived, a .board shah Mate t#�e re sits .. therefor; ;>; ................. ........ . ............... (+e): Upon foreclosure or other judicial sale of all or a substantial part of the system or upon the termination of a lease covering all or a substantial part of the system, grantee shall notify the county of the fact. The notification shall be considered as notice that a change in control or grantee has occurred. In this case the board' s approval of the new owner of the system must be obtained as herein required. (2) Acceptance by transferee. Within thirty days after the date of the resolution approving transfer of the license, or within such extended period of time as the board in its discretion may authorize, the transferee shall file with the clerk of the board its written acceptance of the license, in a form satisfactory to the county counsel, together with all required bonds and insurance certificates, and its agreement to be bound by and to comply with and to do all things required of it by the provisions of this division and the license award resolution. Such acceptance and agreement shall be acknowledged by the transferee before a notary public and shall be in a form and content satisfactory to and approved by the county counsel . (3) Receivership. The county may cancel a license sixty days or later after the appointment of a receiver or trustee to take over and conduct the business of the grantee, whether in receivership, or other action or proceeding, unless the receivership or trusteeship is vacated prior to the expiration of the sixty days, or unless : (a) within sixty days after his election or appointment, the receiver or trustee complies with this division and remedies all defaults; and (b) such receiver or trustee, within sixty days, executes an agreement, approved by the court, whereby the receiver or trustee assumes and agrees to be bound by this division and the license granted to grantee. (4 ) Express assumption of responsibility. A transferee shall expressly assume all obligations of grantee and expressly agree to be bound by this division and the license award resolution and is required to sign the license agreement. (5) Certain Exceptions . The provisions of subsections (2) and (4) of this section shall not apply where the consent of the board is obtained due to any change in control or ownership of the original grantee as required under the provisions of subsection ( 1) (a) above. (6) Failure to comply. Failure to comply with the requirements of this section is a material breach. of this division, subject to the remedies provided for herein. CHAPTER 58-6 GENERAL FINANCIAL AND INSURANCE REQUIREMENTS -11- 3-16-93 Draft 58-6 . 002 License fee. The board shall set a license fee for each nonexclusive license granted within any licensed territory. The fee shall not exceed the maximum percent allowed by law of all the grantee' s annual gross receipts from all sources attributable to the operation of the cable system. ( 1) The initial percent required shall be established by the license award resolution. During the term of any license granted, after advance, written notification to the grantee, the board may, by resolution effective no less than 60 days from its passage, require the payment of a larger or greater percent of the gross annual receipts of any grantee for the remaining term of such license. ef.... eas n a:;<; ;rantE;�;;s license. fe;e:::;more:; than 4 g; ;; ;;;;;;; .. ....... .. » ;>. one:.. e; ;,, nt wilt ;a ca neo ve:;. wo: ca:le d t . boa : ,. P ;r . ... ..;:�; ny. r ::: u :::::::::< .; n:: :: ears, h..e:::.: xd sh hr d ..... .. ..... ' ..... ... . .:.. at :peas;t orre;;pul lis hear 'n. (2) The license fee shall be in addition to any other tax, fee or assessment of general applicability, including without limitation any tax, fee or assessment imposed on utilities and cable operators or their services, owed to the county by the grantee. However, gross annual receipts of a grantee shall not be subject to payment of a business license tax or fee, except to the extent such business license tax or fee exceeds the license fee paid under this division. ( 3) Where the grantee provides any new, non-programming product or service, such as data or telephone transmission products or services, for which other providers within the grantee's license service area are not required to pay license fees to the county pursuant to this division, the license fee payable by the grantee on gross annual receipts derived from such product or service shall be at the same rate as the fee, tax, assessment or other revenue payable to the county by the other providers . As used in this section, a non-programming product or service shall be considered "new" if the grantee was not already providing it as of the date of license award to the grantee. (4) Once a grantee has paid a license fee to the county on certain gross annual receipts, the grantee' s distribution of all or a portion of such receipts to its affiliates, parent companies or subsidiaries shall not also be subject to payment of a license fee under this division. (5) If a grantee gives a discount of ten percent or more to any basic service only subscriber in whose name the account is held, with verifiable financial need, such as receipt of Supplemental Security Income (SSI ) , Aid for Families with Dependent Children (AFDC) , or General Assistance, then payments received by the grantee from such subscriber may be excluded from gross annual receipts, and consequently, not be subject to a license fee. ( 6 ) The license fee shall be payable to the county annually, semi- annually or quarterly, as specified in the license award resolution. The license fee shall be paid no later than 60 days following the end of the year, half-year or quarter, as applicable, for which the payment is made. -12- 3-16-93 Draft The grantee shall annually submit to the county a complete and accurate statement of all gross annual receipts . The statement shall be in a form and content acceptable to the county administrator and shall be certified by the controller or financial officer of the company. The annual statement shall be submitted not later than 90 days following the end of each calendar or fiscal year, as applicable. (7) The county shall have the right to inspect the grantee's income records necessary to determine the grantee' s gross receipts in accordance with the provisions of this division and the grantee' s license award resolution and the right to audit and to recompute any amounts determined to be payable under these rules and regulations provided, however, that such audit shall commence within forty-eight months following the county' s receipt of the grantee' s statement of gross annual receipts, and provided further that the county shall, to the extent permitted by law, maintain the confidentiality of any trade secrets or other proprietary information in the possession of the grantee. Such income records shall be exempt from inspection pursuant to this section, however, to the extent required by applicable laws regarding subscriber privacy. Any additional amount due to the county as a result of the audit shall be paid within thirty days following written notice to the grantee by the county, which notice shall include a copy of the audit report. Should the additional amount due exceed 2% of the license fee payment which was the subject of the audit, the grantee shall also reimburse the county for all audit costs . (8) In the event that any license payment or recomputed amount, cost or penalty, is not made on or before the applicable dates heretofore specified, interest shall be charged daily from such date at the annual rate of twelve percent. The provision of such interest for late payments does not provide the exclusive remedy for any such breach of a license and the board may also take actions as otherwise provided in this division. 58-6 . 004 Performance bond. Within thirty days after approval of the license award resolution by the board, the grantee shall deposit with the county a performance bond issued by a company admitted to transact surety insurance business in the State of California, in a form reasonably acceptable to the county and in an amount to be specified in the license award resolution. The performance bond shall be used to insure faithful performance by the grantee of all provisions of the license and compliance with all orders, permits and directions of any agency, commission, board, department, division or office of the county having jurisdiction over its acts or defaults under this license, and the payment by the grantee of any claims, liens and taxes due the county which arise by reason of the construction, operation or performance of the system. ( 1) The performance bond shall be maintained at the principal amount identified in the license award resolution during the entire term of this license, even if amounts have to be withdrawn pursuant to the provisions of this section. -13- 3-16-93 Draft :.:.::... .:• .: ..... 2 If the grantee ; 'a ;l tGr;;<;: ±��'fc��m '�� t�f:> � >i�b13 �t�nr�;S >under this .. . division>w�than t e: notice a.nd .time:<:ta: :cure>set>;forth :n :artic:1 16 or fails .. C ;»:;;;;; to pay to the county any compensation within the time fixed herein, or fails, after ten ( 10) days ' notice, to pay to the county any taxes due and unpaid, or fails to repay the county within ten ( 10) days any damages, costs or expenses which the county is compelled to pay by reason of any act or default of the grantee in connection with the license, or fails, after days ' notice of such failure, to comply with any provision of this division or the license which the county reasonably determines can be remedied by demand on the performance bond, the county may immediately request payment of the amount thereof, with interest and any penalties, from the grantee and/or performance bond. Such payment shall be due and payable within thirty (30) days . Upon such request for payment, the county shall notify the grantee and/or surety of the amount and date thereof. There shall be a reasonable allowance for attorney' s fees, including the county' s legal staff, and other documented costs up to the full amount of the bond. (3) The rights reserved to the county with respect to the performance bond are in addition to all other rights of the county, whether reserved by this license or authorized by law, and no action, proceeding or exercise of a right with respect to such performance bond shall affect any other right the county may have. (4) The performance bond shall contain the following endorsement or language equivalent in form and content and acceptable to the county: "It is hereby understood and agreed that this performance bond may not be cancelled on not renewed by the surety until thirty days after receipt by the county, by registered or certified mail, of a written notice of such intention to cancel or not to renew. " (5) The county reserves the right, at any time to increase or decrease the amount of the performance bond required under this section if reasonably related to inflation, construction, subscriber base, PEG requirements, the grantee' s performance or any other factor considered relevant by the board. Such increase or decrease shall occur no more frequently than once every twe;nyour. c'_;' ^^^ months, and the amount of increase or decrease during su.c.h eriod shall not exceed twenty�.tiv;e fi€ y percent ar th;e' rate...0f change P 9 :>;th CP1 >::;wh: ;Chev.e rea:te 's In an thirty• ssi ��th ^^r-leQ. within sixty days of receipt of a notice requiring increased or ;d;ecreased ..... . . bond coverage, the grantee shall obtain such inGreased coverage and shall furnish the revised bond with the county. is<.; scretion ma. :: ce o c fr: Y;:;a pt a ; rpt ate. letter, of ;;;;; : b �n ; lieu;>>o:f the< :> rfo.r ance>: on uirerl >un. this: :recti :ri. on Credit.:,::.... . ..::«<::: . ....:;;:.;::.::.::: .:::.;.:«<.;:<:.;;:pe:..::.:.:::.:........::.:...;:.......::.:::: ..d.....x' q.:;.....:..:::..;.:.;:::.. ..:d+P ::::. 4.::.: :;U i:::.;: .. : ............... .. .. ....:............ : .. ....... .. acce Lance the issuer of<>tl e;<»;let er;<»v;f:; cr;eciit sha 7> >be :;r s ons ble: to the P ,. . :: .... : : P .: ...... s me> extent as : ..h: su ;et:. uhaer:<� e����martce ;;bend ;yssu sua t:::: ;::t .;:a..... ...::: .. .: .:�:: : Y k.::: .: ........ ed pux` n ;;;; ha s ............ ......... . ................... . ................ ....... section:.::oxo; -14- 3-16-93 Draft 58-6 . 006 Construction bond. (a) As applicable, at least thirty days prior to commencement of any major construction affecting the cable system ;in the una;nc.Ok ,;c ated;; i as p ;;;<GonGra ;Cos u: t the grantee shall file with ........ Y ....... .......................... ....... the county, a construction bond issued by a company admitted to transact surety insurance business in the State of California, in a form reasonably acceptable to the county, in such amount as is set forth in the license award resolution, in favor of the county. The construction bond shall be maintained throughout the construction period and until such time as the construction work is completed to the reasonable satisfaction of the county. For purposes of this section, "major construction" shall be defined as any system rebuild or upgrade, or any other construction costing in excess of $100,000 . (b) In the event the grantee fails to complete the construction work on schedule, fails to perform the construction work in a workmanlike manner, or fails to comply with any other construction-related requirement of this division or the license award resolution, there shall be recoverable, jointly and severally, from the principal and surety on the bond, any damages or loss suffered by the county as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee plus a reasonable allowance for attorney' s fees, including the county's legal staff, and other documented costs, up to the full amount of the bond. (c) The construction bond shall contain the following endorsement or language equivalent in form and content and acceptable to the county: "It is hereby understood and agreed that this construction bond may not be cancelled or not renewed by the surety until thirty days after receipt by the county, by registered or certified mail, of a written notice of such intention to cancel or not to renew. " 58-6 . 008 Insurance. ( 1) Throughout the entire term of the license, 'including any renewal, the grantee shall, at its own sole expense, maintain in effect the following policies of insurance: (a) Worker' s Compensation Insurance as required by state law; and (b) Comprehensive General Liability Insurance, including blanket contractual (or contractual liability) coverage, broad form property damage coverage, and coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 .00 (or such greater amount as may be required in the license award resolution) for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including loss of use, arising out of each accident or occurrence, and naming the county, its boards, officers, agents and employees as additional insurers . -15- 3-16-93 Draft (2) Concurrently with the filing of an acceptance of award of any license granted under this division, the grantee shall furnish to the county and file with the clerk of the board certificates of insurance evidencing the required insurance coverage and requiring at least thirty days ' written notice to the county of lapse, cancellation or modification of the scope or coverage of the policies . ( 3) The insurance policies shall be issued by companies authorized to sell insurance in California with a current rating of "B" or better by the A.M. Best Company, and shall be in a form acceptable to the county risk manager. (4 ) The county administrator reserves the right, at any time, to increase the amount of insurance required under this section if reasonably related to inflation or to hazards associated with the operation of a cable system. Such increase shall occur no more frequently than once every eighteen ( 18) months . Increases shall be applicable to all grantees and occur substantially in a concurrent time frame, except in cases of increases due to hazards related to a specific grantee. Within sixty days of receipt of a notice requiring increased insurance and explaining the reason for the increase, the grantee shall obtain such increased coverage and shall furnish to the county administrator and file with the clerk of the board amended certificates evidencing the increased coverage. (5) In the event a policy of insurance furnished by the grantee lapses or is cancelled, the county reserves the right, but shall not be obligated, to purchase comparable insurance at the grantee' s expense and to recover the cost from the grantee or any bonds or other security posted by the grantee. The availability of this remedy shall not limit any other remedies available to the county. (6) The insurance provided under this section is not conditioned or dependent on whether or not the county has approved any plans or specifications in connection with this license, or has insurance or other indemnification covering any of these matters. The insurance provided under this section shall provide primary coverage. 58-6 . 010 Indemnification by grantee. By accepting a license, the grantee agrees to defend, indemnify, save and hold harmless the county, its boards, commissions, officers and employees against any and all claims, costs and liability for any damages, injury or death arising from or connected with the grantee' s operations, due to or claimed or alleged to be due to negligent or wrongful acts, errors or omissions of the grantee, its officers, employees, contractors, agents or any person under its direction or control, save and except claims or litigation arising through the county' s sole negligence or sole willful misconduct, and will defend any such suits at the sole cost and expense of the grantee, and failing to do so, will make good to and reimburse the county for any expenditures, including reasonable attorney' s fees, the county may make by reason of such matters . The provisions of this section are in addition to, and not in lieu of, bond and -16- 3-16-93 Draft insurance requirements contained in this division. Nothing in this section shall limit the liability of the companies issuing such bonds or insurance. Similarly, the furnishing of bonds and insurance, as required in this division, shall not in any way limit the grantee' s obligations under this section. 58-6 . 012 Indemnification by county. ( 1) Notwithstanding the provisions of section 58-6 . 010, the county agrees to defend, indemnify, save and hold harmless the grantee, its directors, officers, shareholders and employees against any and all claims, costs and liability for any damages, injury or death arising from or connected with the county' s use of the grantee's cable system, due to or claimed or alleged to be due to negligent or wrongful acts, errors or omissions of the county, its officers, employees, contractors, agents or any person under its direction or control, save and except claims or litigation arising through the grantee's sole negligence or sole willful misconduct, and will defend any such suits at the sole cost and expense of the county, and failing to do so, will make good to and reimburse the grantee for any expenditures, including reasonable attorney's fees, the grantee may make by reason of such matters. As used in this section, the term "use" shall refer only to physical use by the county of the grantee' s cable system, such as the cablecasting of county-provided PEG programming described in section 58- 12 . 008, the use of the grantee' s poles and aerial structures described in section 58-8 . 024 and the activation by the county of the emergency override system described in section 58-10.020, but shall not include free service installed to public buildings, as described in section 58-12 .016 . (2) Nothing in section 58-6 . 010 or this section is intended or shall be construed to: (i) impose any standard of care toward third parties greater than the standard of care normally imposed by law; or ( ii) preclude the assertion against third parties of any defense provided by statute, case law or otherwise. The county shall indemnify the grantee as set forth in the interconnect and public access agreement described in Section 58-12 . 008 . CHAPTER 58-8 COUNTY REGULATION OF LICENSE 58-8 . 002 Administration. The office of the county administrator is designated as having primary responsibility for the administration of the license and this division. Whenever a right may be exercised under this division by the county or a county officer, such right may also be exercised by a designee or employee. 58-8 . 004 Notices . Except :as; otherwise pro l d in this division, all ........... .. notices from grantee to the county pursuant to its license shall be to the office of the county administrator. ( 1) The grantee shall maintain with the county, throughout the term of its license, an address for service of notice by mail . -17- 3-16-93 Draft (2) Grantee shall also maintain within the county a local office and telephone number for conducting matters related to its license during normal business hours . 58-8 . 006 Rules and regulations. ( 1) In situations where the county receives twen:t :o ;more e % ;kable subscriber complaints, which indicate to the county a need for revising or supplementing the customer service standards set forth in this division, the county shall have the right to amend this division by revising existing provisions or adding new provisions . (2) The county shall first attempt to resolve the problem with the involved grantee by notifying the grantee in writing and giving the grantee an opportunity to correct the problem within I.Ae: Y th ... .... ..o... e node. If the involved grantee corrects the problem within the specified time and gives satisfactory assurances to the county that the problem will not recur, the county may treat the matter as resolved. (3) If the involved grantee fails or refuses to correct the problem within the specified time, the county may propose amendments to the customer service standards set forth in this division. Before approving the proposed amendments, the county shall offer to meet and confer with all grantees in an attempt to reach concensus on the proposed amendments . If concensus cannot be reached, the county in its discretion shall have the right to amend the customer service standards, so long as the amended provisions are consistent with the business practices of any cable system within Contra Costa County, including incorporated areas, or are consistent with the business practices . .......::::: .. ... ..: of at 3: as °''orae-: %rd;:,tit t7se; ; ray te+�s; c�nsed under tha;s>> a.vis10n. .. .... ....................... .. .. :.: ... (4) If this division is amended to require additional or greater customer service standards, all grantees shall comply with the new standards no later than the effective date of such amendment or such later date as may be specified in the amendment. (5) Notwithstanding the foregoing, the following provisions shall not be amended without the voluntary consent of the grantees : (a) Business office location and hours of operation; (b) Time for responding to sy :t; m`::: v;r<; nd.vidua.2 ae- ---e--emplaiats—+ outages and reee, ' * )b effis (c) Telephone system requirements; and (d) Credits for system or individual outages . (6) Notwithstanding the foregoing, the county shall have the right, without following the procedure set forth in this section, to amend this division as necessary to conform to applicable state and federal laws relating to regulation of cable systems. -18- 3-16-93 Draft 58-8 . 008 Rates and rate changes . ( 1 To > u ektent;:aut i kize b ederal stir state >law the > ) «<.;;«:<:;:««:>> Y .;... .. .. . ...... .....:count . . ;;;.;;. .. shall. have;.the ri ht ;ta re' elate>;rate:s char e�d' b th:e rantee>;:::tv: subscribers . or o rammyn e u meet nit a:t on cotl :ect o reconnect .ari ..... :. a; ; vna: ou ; e s an ..o or>;.:r :ramm;;n : ;ro.: uc s: ot;:':Jetvv ces ;;; n; a' ton; ..::P . g � P:: . . . ;; . . £ram time:: tc time the ;cdurtt: ;:;::>ma adt t;;;or rev.�se>»ru:l.ea: >and ::re u at�ons Y:: Y . . ..:::.....:. . ;;;;;;;<.;;;.:;;.;:;;;;: g; ons stent with :the :re. Matic ns adt: :ted b > the;;;FC ursuant: to : or 9 P Y F other applicable fed statute• . .; ; :» 2 f ::::::at .>an << : me t e w1t. w t at ::;;;::;re lar o e: the .f 0:1provisions of this section shall govern rates and rate changes under this division. ( 3) Except as otherwise provided in subsection ( 11) below, before es;tab.l ;shing or, increasing any rate, fee or charge to subscribers, including any increases in items that the grantee passes through to subscribers, the grantee shall first file with the county a written request and shall obtain the county's approval thereof. The request shall include the justification for the proposed increase and shall be in such format and detail as is acceptable to the county. (4) The board shall have access to the grantee's financial records for the purpose of verifying all income and expenses of the grantee. The documents shall include sufficient detail as may be necessary to provide the board with the information needed to make accurate determinations as to the financial condition of the system. All financial statements shall be certified as accurate by an officer of grantee. (5) The county may require that an analysis of any proposed rate increase be conducted, at the expense of the grantee, by a professional rate consultant experienced in the analysis of cable system service rates who shall be jointly approved by both the county and the grantee. The consultant shall sign all analysis of the proposed increase and forward them to the county and grantee with a report interpreting the results of the analysis and recommending actions to be taken. (6) Within ninety (90) days of the filing of the request for increase, the Board shall hold a public hearing to consider the proposed increase, at which hearing all persons desiring to be heard, including the grantee, shall be heard on any matter, including but not limited to the grantee' s performance, the grantee' s services and the proposed increase. (7 ) Upon the scheduling of any public hearing, as provided in this section, the grantee, at its sole expense, shall promptly notify its subscribers in writing of the time, place and subject matter of the initially-scheduled public hearing. In addition, the grantee, at its sole expense, shall cause notice of the public hearing to be published in a newspaper of general circulation serving the license service area, with such -19- 3-16-93 Draft publication occurring not less than seven nor more than fourteen days before the public hearing. (8) Within thirty (30) days after a public hearing, the county shall render a written decision on the grantee's request for a proposed increase, either accepting, rejecting, modifying or deferring the same and reciting the basis of its decision. (9) If no final decision on the grantee' s request has been rendered by the county within one hundred and twenty ( 120) days after the filing of the request, the grantee' s request will be deemed approved, unless the 120-day period is extended by mutual agreement of the grantee and the county. ( 10) Where the license is part of a cable system under a single headend that also has licenses with one or more contiguous cities within Contra Costa County, rates for subscribers within the county shall not be higher than rates charged to any other subscriber in the system within Contra Costa County for the same service, except as specifically approved and exempted by the board. In considering a request for exemption, the board shall consider, among other things, whether this division imposes greater obligations on the grantee than the applicable city license(s) . ( 11) The grantee may increase the rate for basic cable service without filing a request with the county and obtaining the county's approval, so long as the amount of such increase during any one calendar year does not exceed three percent or the rate of increase in the CPI, whichever is less . If the grantee increases the rate for basic cable service during any two consecutive years pursuant to this subsection, all rate increases proposed during the third consecutive year shall require the county' s approval, regardless of the amount of proposed increase. ( 12) The grantee shall inform subscribers in writing of all increases in rates, fees or charges, except per-event programming, at least thirty days prior to their effective date. A copy of such notice or facsimile shall be provided to the county at the time of the subscriber notification. 58-8 . 010 Performance and evaluation. The county and grantee may hold performance evaluation sessions at any time as directed by the board: p.r v:i:ded .:::::: ::..;...... ...:......,.:....:.....:::..::.:..::...::. a n car ::t o +fir nce:>: l usty o ses n two h: t o:::m:. .. ....hen n p foxm :...... : n..:::.. s ,on : L..�: heli .du a.n :::: .................................::.:.::::........ g. Y ............ yea;r:.::per ad. The county shall send the grantee notice of the date, time and place of the performance evaluation session at least 90 days prior to the session. ( 1) All evaluation sessions shall be open to the public and announced in a newspaper of general circulation serving the license area. The grantee, at its sole expense, shall notify all subscribers in the affected license area by U.S. mail of all scheduled evaluation sessions and the specific issues proposed for discussion at least five working days prior to the first Su n.0 ice:»> be :;f '<:; s<:> t: 'f f �:> session. S eh. # y y::wy:;:.o� .:..::::b .l . :s n ex off.: sa.t :ir;.;<wxtten . : . ... . . ... .. ... announcemen . rev ewe.;.;::>:;:y:> . > e.:::::ouri 1:>>an.; .. <nc.:u, e, Wi.S .s;c;r er;:.s a: :emen: ;s:. -20- 3-16-93 Draft (2 ) Topics which may be discussed at any evaluation session may include, but not be limited to, types and quality of service, rate structures, license fee, penalties, free or discounted services, application of new technologies, system performance, programming offered, customer complaints, privacy, amendments to this division, judicial and FCC rulings, line extension policies and grantee or county rules . ( 3) Members of the general public may add topics either by working through the grantee or county or by presenting a petition. If such a petition bears the valid signatures of five percent or more of the subscribers who are residents of the license service area, the proposed topic or topics shall be added to the list of topics to be discussed at the evaluation session. 58-8 . 012 Disputes . The board may do all things necessary and convenient in the exercise of its jurisdiction under this division and may determine any question of fact which may arise during the existence of any license granted hereunder. The board may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this division. Nothing in this section shall be construed to preclude judicial review of the board' s actions . 58-8 . 014 Recourse against county. Except as otherwise provided in this division or in the interconnect and public access agreement referred to in Section 58-12 . 008, the grantee shall have no m0ti6tary recourse whatsoever .................: .... against the county for any loss, cost, expense, or damage arising out of any provision or requirement of this division or of any license issued hereunder or because of enforcement pursuant to this division or other law or for the termination or forfeiture of any license as provided in this division. ................... o:.::.h n :::n .:. s;::::s:ec:.: �:on :::s:..a. . e:: :cons::.:ru;e.:..:>::>.::o re.ven : :a;:;cou:r: ::.:.of: c. :e::.::e:n..:: . : . 9 . . ... : . ::.. . . .::: . ... ............ .......... P . .: :. .. .. . .. . . P . .. . ... .:.:., ... . ..... .. .. .... ... ....:.. . . . . .. . ...... ctio om a : n u: t v ;: e d » aso b;. :e: ;at. o ne :,:s ,u_r sd .:. n.::: rdi in nic �,..> H.:: .:. : . :Sn /or :ro .. . na .:: ...... ................................. .. ... ...... .... ....g..... ... . .. .............. Y.. ........ ....................... .... ... ..................................... . ...... ... .... . .. . ; er...pr. :ud tee::>::as ar: <<o > a :; na >::or : men <:; o:: t e> ex en :::such fees to :the gran p . ........... .... .. j.,,,, . :.:. . . .. ....................... ... ........... . ..... . ................................... ...... . ........... .... ....... :: .;; »: red:>:b an of er»; rov• o t €>::fe era: state or ld aw r,e a .;. s Y'e ui: :::::::::: . . . .. ::::::::: :d: :: : . :.:.Y. Y Y.. .. . P . ........................ ........ ..... .............................................. .. .................................................................................................................. ............... ......................... ........... ..... 58-8 . 016 Eminent domain. Nothing in this division shall, in any way or to any extent, impair or affect the right of the county to acquire, at an agreed price or for fair market value, the grantee' s property either by purchase or through exercise of the right of eminent domain, and nothing herein shall be construed to contract away or to modify or abridge the county' s right of eminent domain in respect to any grantee. Nor shall any license or rights granted thereunder ever be given any value before any court or public authority in any proceeding of any character except for the purpose of taxation. 58-8 . 018 Uses . Any license granted pursuant to the provisions of this division shall authorize and permit the grantee to engage in the business of operating and providing a cable system in the county and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, where county's interest therein will support the grant of license, such poles, wires, cable, -21- 3-16-93 Draft conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the cable system; and in addition, 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 permitted to do business in the county. The granting of a license pursuant to this division shall not be construed as permission or license to enter on, occupy or otherwise utilize private or non-county property. Nothing is this section shall be construed to restrict -any rights granted to the grantee under federal or state law. 58-8 . 022 Public use priority. No privilege or exemption is granted or conferred by any license granted under this division except those specifically prescribed in this division. Any privilege claimed under a license granted pursuant to this division in any street shall be subordinate to any prior lawful occupancy of the street or any subsequent occupancy of the street for public purposes . 58-8 . 024 Use of grantee's poles. The county shall have the right during the life of the license, on thirty days ' prior written notice to the grantee, to install and maintain, free of charge, upon the poles or similar aerial structures of the grantee any wires and pole fixtures that do not unreasonably interfere with the cable operations of the grantee, so long as any additional rearrangement or other costs are paid by the county. In case of emergency, the county shall not be required to give notice before installing its facilities . 58-8 . 026 Equal opportunity employment. 1 The grantee shall com I >>::w t:h a I cable ederal<>:and< sta:tE laws ( ) g P. Y;...... PA.;;:;:... ...... .. . requiring ; that t-a e`a#€i��aa 4 mar �e to ensure job applicants fer empleyme and employees b awe treated without regard to their race, religion, color, age, sex, national origin, marital status, ancestry, political or religious opinion or affiliation, m-ca4s-al eend } i^^ and/or :. . nor�ClS;qulr ,rg d;asbateS, Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. (2) The grantee shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the:; >;g;rant:ee';s »c or 3 t ; ». s. : s e u e e u ; .;> em :o ent u.n . bbli. t:i:o.n$. : .::d b l o.abJ.e . edera . g P . Ym::, ... .. . :: g::.:::::::::::::::: 5 P and >stat.e<: ........................................ .......... .................................................... ........................ ........................... 58-8 . 028 Records, reports and maps . -22- 3-16-93 Draft ( 1) The grantee shall file the following no later than the last day in March of each year for the prior year ending December 31st: 1) a detailed report that includes the number of homes passed and the number of subscribers; 2 ) a list of current rates for all services; 3) a current channel listing; 4) a summary of the previous year's activities in development of the cable system, including but not limited to services begun or discontinued during the reporting year and the number of subscribers for each class of service; 5) a statement of projected construction, if any, for the next two ears; 6 if ::;mczt ; ,� .;<;:;;d :f. : ent;:;> x`am foxmat; then; ort years; ) :.::.:::::::.:::.......:.::::.:::.:;:.::.. ..:.Y.::;;;:.:::..::::.:::.::::::::........:::.::.;:.;:.;;:.;;;::.:::.. ..:........:.:..:::::.:.:..:::::::::.:: ............... .::.:::.::.::.. .::.::...:.........:.::.:...... Wi:t:h::::the;.C..#;t:y:�a current street map or set of street maps showing the area currently served under each headend 1 eCe;i e;>. teS for all county Y ........................ . ................................ licenses; and Identifying --j-- ste serge entsv--!RG1 !Rg trunk lines, hubs, headends aid—Fese4i*z site�7) monthly summaries of customer service telephone calls tracked pursuant to Section 58-14 . 016{-2+(c):(3) ; and 8) results of tests of the system required by Section 58-10.006 . deserniptlen of test met-hedglegy (2 ) Upon reasonable notice, the grantee shall permit any duly authorized representative of the county to examine all property of the grantee, together with any appurtenant property of the grantee situated within or without the county, and to examine and reproduce any and all maps and other records kept or maintained by the grantee or under its control, which property, maps or records pertain to the operations, affairs or transactions of the grantee with respect to its license with the county. If any such maps or records are not kept in the county, or upon reasonable request made available in the county, and if the board 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 the grantee. In so doing, the county shall, to the extent permitted by law, maintain the confidentiality of any trade secrets or other proprietary information in the possession of the grantee. To the extent required by applicable laws regarding subscriber privacy, property, maps and records shall be exempt from inspection pursuant to this section. CHAPTER 58-10 OPERATIONAL, TECHNICAL AND CONSTRUCTION STANDARDS 58-10 .002 Compliance with local, state and federal law and standards . Any license granted pursuant to this division is subject to all provisions, regulations and conditions prescribed by federal, state, county and local law heretofore and hereafter enacted or established during the term of any license granted and shall be in addition to any electrical, encroachment or other county permit required by Titles 7 or 10. As applicable, the grantee shall at all times comply with: United States Department of Transportation requirements for the construction, marking, and lighting of antenna structures . ;Z Standards of. 1/0:Sha o ; ;an ;<;;>su: e 5 or;;:a. ;enc; installation �: ................. ...... ...... .::.:::.::..:.: .;:: :::.;:::::::::::.::.::::.::.::.::.::.:::..:...::;;:. ::.....:.::.:�:�. .... and maintenance of all working facilities and conditions used in the cable system. -23- 3-16-93 Draft Federal, state and local regulations, including without limitation FCC rules and regulations for must-carry signals, technical standards and RF leakage. (;>4) Standards specified in the license award resolution and this division, which standards are incorporated by reference herein. r s . F rtew C+ ... . r , the gr8 to shaj. c p „y w�th the Uniform nec�r c:al...Cade::and >National >E ectjic:a3 Code` ;as modif e . .; d. n D'viexon 7.6. of . . .::: ............... . . ..... .... ..... .:: : .:.:: :::::::: . . the: Contra >Cost Count > 0 a ce:; : .... »:.»:.;;;:; . . .. acda r :;;n;.;;.;: c d6..A:::: 58-10 . 004 Operational and maintenance standards . ( 1) The grantee shall put, keep, and maintain all parts of the system in good condition throughout the entire license period. (2) The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum system use. ( 3) The grantee shall ensure that all work is performed in an orderly and workmanlike manner. (4) The grantee shall not allow its cable or other operations to interfere with television reception of persons not served by the grantee, nor shall the system uriionab:�y, ;:::interfere with, obstruct or hinder -ars} ..::.......:::...:.......:..... ... ern, the operation of the various utilities serving the residents within the confines of Contra Costa County. (5) The grantee shall continue, through the term of the license, to maintain the technical standards and quality of service set forth in this division and the license award resolution. ( 6) The grantee shall, on the request of any person holding a building moving permit issued by the county, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 15 days advance notice to arrange for such temporary wire changes . (7 ) The grantee shall not remove any tree or trim any portion, either above, at or below ground level, of any tree within any public place without the prior consent of the county. Except for tree trimming or removal necessary to eliminate a safety hazard, the county shall first give written notice to the grantee and allow the grantee at least 15 days to perform the tree trimming or removal. ::;t a<;' ran ge ;> 9 »;>:.; ;;: ... ;;;::: f ails «to perform; uh ;;tree.; trmmn ..;;; .. . . Qr; # OvaZ;; with; n;;; uCh: I.S.d; ; : e J... : the count shall have the right to do Y: ............................... Y g the trimming at the cost of the grantee. -24- 3-16-93 Draft When tree trimming or removal is 06066s&i to e1101 te;;; safet hz rd; t:he >cditnt s a have t .e r t without ; rior notice to;>:do..the`t .ee t Y . ...... . ..:... >:.: ......:::::....P : .;.:.: :> <:;;.: :; r r .... r►g at..the `: os ><nt`' the 58-10 . 006 Technical standards . The grantee shall comply with all technical standards adopted;;> y; the . from time to time, as set forth in 47 ...................... .............. .. CFR Section 76 .605 oJ` 4: he ap isbe ...... e . If at any time the FCC P withdraws such technical standards, the standards set forth in 47 CFR Section 76 . 605 immediately Preceding such action ofb....... withdrawal shall be the technical standards for all purposes of this division. Such technical standards shall apply only to the grantee' s cable system and shall not apply to any distribution system provided by the county for delivery of access programming, including without limitation any interconnect established for such purposes pursuant to the provision of Section 58-10 . 018 below. Not less frequently than semi-annually, or on such other schedule as may be established by the FCC, the grantee shall conduct a performance test or tests of the technical quality of the cable system. The tests shall be performed according to applicable FCC procedures and shall document full compliance of the system with the technical standards described in this section. 58-10 . 008 Construction plan. Any construction plan submitted and approved as art of a franchising process ; ;; ;;; ;e;fe re ;; to;;;; fit" t e ' c,en;se PP P g ....... ........ .... . .. ........ ........ ..... ......... ........................... ............... .......... ......... .. ............. ....... award resolution shall be binding upon the grantee. ( 1) The grantee' s construction plan provided to the county in connection with the grant,renewal or expansion of the grantee' s franchise, if any, shall be made available for public inspection during normal business hours at the main local office at grantee' s expense. (2) Prior to commencement of any construction, the grantee shall apply for all necessary permits, licenses, certificates and authorizations . (3) Construction in accordance with the plan submitted by grantee shall commence as specified in the grantee' s license award resolution. Failure to commence, perform or complete construction in strict accordance with this section shall be grounds for revocation of a license. (4 ) Nothing in this section shall prevent the grantee from constructing the system earlier than planned. However, any delay in the system construction beyond the times specified in the plan shall require application to and consent by the board. The county may not withhold consent when grantee has shown good cause for the delay, but county may attach reasonable conditions to ensure performance. 58-10 . 010 Construction standards . The grantee' s system, poles, wires, and appurtenances shall be located, erected nGorda;nce wlh;; te. standards ... ............ .... -25- 3-16-93 Draft adopted y the county and appro�te::;» t e<;e'ount; < ar ta: cc�►t��ncetnent . o . .. ..... .. ... . Y ..P ,.: work; o;n< public ..:I s ;of:�-wag :and maintained so that none of its facilities shall endanger or interfere with the lives of persons, or unreasdhably interfere with any improvements the county may deem proper to make or unnecessarily hinder or obstruct the free use of the streets, alleys, ridges, easements or public property. X1:' ;1..c:onstruction and, maintenance work ..... .... . . . on ubl: C ri hts-cif-w8 > >:sha l re :u a an encroach erit > erm .t ;�n;..:a :c nc p;;;;;;;. g Y ::.::.. ::: ; ;r m rda ............... ... ;;;<:: . . :: ... with Sec;t3;ori; lD of the ::Contra:> Costa ;:Count ':< £ordinance Code: ..... ... ..:::.::........... .....:..: ... ;......::.; ( 1) All cables and wires shall be installed, where possible, parallel with electric and telephone lines whe' :2: >t e cab ;e seftis r ;tai'i`ed ;:gin: t:he P Y > same ae.r a : .: ac.i es as....such: elect:r: c< an tele ::o:n:e :.lines . Multi le cable . . .... : . ..... .. . . ......:.. PP . . . ... ...... ... ........ «<. configurations shall be arranged in parallel and bundled with due respect for engineering considerations . (2) All transmission and distribution structures, lines and equipment erected by the grantee within the county shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places . ( 3) In case of any disturbance of pavement, sidewalk, driveway, public improvements or other surfacing, the grantee shall, at its own cost and expense and in a manner pp1 by the—may, replace or restore all paving, sidewalk, driveway, or public improvement or surface of any street or alley disturbed, in as good condition as before said work was commenced and in accordance with standards for such work set by the county. (4) The grantee shall ensure that the installation or construction of cable facilities does not adversely affect the safety of public or private property and is done in such a manner and location as to reasonably preserve the mamlmu utility and best appearance of the public and private property on which such installation or construction occurs . All work shall be performed in an orderly and workmanlike manner. (5) No addita,vnaL; poles or other similar aerial structures shall be erected by the grantee : n::publ c':;ri hts-�bfwwa ; without prior approval of the county with regard to location; �tnd height. types, and any etheE pertinent aspeGt. However, no location of any pole or similar aerial structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee, at its own expense, whenever the board determines that the public convenience would be enhanced thereby. Any such license granted shall not relieve the grantee of any obligation involved in obtaining pole space (or other right to use facilities) from any department of the county, utility company, or from others maintaining poles (or other facilities) in streets . -26- 3-16-93 Draft The grantee shall use existing poles or other similar 9X.1st ng aerial structures an >w� nc�: '> nsta >`»an ' >a t ona oleo' > unless the count ...::::::::::.................. .......::::.:::.:::..:...:Y.:::...:. .........::...:.:....:.........::.P. . ........... Y .. . . terms ::.:..........::...:.:.................................. ................................... .................. determines that terms of the use available to the grantee are unjust or unreasonable. ( 6) The grantee shall, at its expense, protect, 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 county by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks or any other type of structure or improvements by public agencies; provided, however, that grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the grantee as provided in this division. . The:::..count s a1 not: a ran ee t a :.::Its: ac t es ma ave>; o e .. .. . Y ; ;;;;;;;;q;;; . ........... Y ;;;; .........:.. ... ...... . s orted tem or con cte re ovate or:remove as::800 protected;. u «.; ;: a ::Y;.: .S connect ;;:;:.;;; ; .. r# . ......:..:. . . ... ..,;.. . ;:. t.. . . :. . . as:;::the:>:: ro eet..enters into a :des n s: a e or><As> soon: as maintenance' work;. is contem ted. The c unt> ; ;s a o ci''nate.;« th t e: ran ee ;on ;t e; o>'edt I :; ....... o y; ..h... ca.»r; :; w. h. 5 ;P .. ?;; ..... . t. . deli n>to min miae< im ac.ts«to :the> ran ee and'to. rav: de rante'c»with the-up. . .... . . « . :e > draw: .n s ;.far: th a e. ra to o eet su: rt to: dat. r.an.t.:::± :s ua r� :: ha � x t po , ... :. . . . ....: 4 : P;; P ... .. .. . . .. . . .. . ............ tem>oraril ::: :s.conne:c re ova e:: o; a:;.new<< ova on ar remove> > is AC 1t '; P....:. Y. .;..:..:::..;:.;:.;:.::. , .....;:.;:.:::.::.::.::.::.::.::::.:::.::..::.: :...: .:.::::::.::.;:.:::.::.;:.;:.;;:.;:.;:.;:.:::. ...... :. :........:::.::.::.:..... ......:::............... . .:::.::::.:..: :.:.::.::.:::.::.::.::........Y .. .; that �s ; : c nf:l�c ;;;»ta�th t e >c u:nt ;';s>; ;leaned; waxk <w :thin :;six <::fr wee:k5 ©f .. .;; ;o....;;: �. ... .... .Y. :::::::::. t. . . . . . .. . ...... ... .... ..... ..: e: c...unt .:s:> :notice<:«:to relocate. Grantee ::sha3..l ::bear : all>: costs:;> nc ;u> n th Y;;;;;;:; 9 .. > co t. . a ,. : a too.:';s;;;; a e ':to> rr tett r.1 ht ;of>.w ;;;dela s r s t nr:. . :the gxar ;;;.;; a. :fir P 5 Y ... ............ ......... . s:u ort::>< : tern oraril:. d; sconnect <:re oda>::e ;vr :remove;; ';: :s : aP. tY ;::<a s:>;;:n AP P Y . COr1 f ligt::.Vith the:.V rk.. 58-10 . 012 Undergrounding of cable. Underground cables shall be installed at the grantee' s cost where all existing utilities ; excluding high voltage tranam ;s; on : > ; ;es ; are already underground. (a) In cases of new construction or property development where ;...:. ' :::, transmis:s:i:on;:;> lines: are to be laced utilities, except highvolt..gq ; r P underground, the grantee shall install all cable underground. (b) In cases where existing aerial utilities are required, pursuant to P.U.C. Rule 20(a) , Rule 32(a) or any successor rules, to be relocated underground, the grantee shall, at its sole expense, relocate all existing aerial cable underground in conjunction with the utility undergrounding. (c) In cases where existing aerial utilities are required, pursuant to P.U.C. Rule 20(b) , Rule 32 (b) or any successor rules, to be relocated underground, the grantee shall relocate all existing aerial cable underground in conjunction with the utility undergrounding, and the grantee shall receive payment fro ; t;he :C.O.nty:: for its cable undergrounding on the .:....::...::;:::.:::.:::. :..::.::;::::.:.:..::....... same terms and conditions as the affected utilities . _27- 3-16-93 Draft 58-10 . 014 Underground procedures for new developments . In the absence of an agreement to the contrary between grantee and any involved developer or property owner, the provisions of this section shall govern. In cases of new construction or property development where utilities are to be placed underground, the developer, property owner or joint trench coordinator shall give the grantee reasonable notice of such construction or development, and of the particular date on which open trenching should be available for the grantee' s installation of its conduit, pedestals and/or vaults, and laterals to be provided at the grantee' s expense. The grantee shall also provide at its expense specifications to the developer, property owner or joint trench coordinator as needed for trenching. Except as provided in this section, 50% of the costs of common ( joint) trenching shall be borne by the grantee and 50% by the developer or property owner but both shares are to be exclusive of any portion of the trenching costs to be borne by any public utility or other party. If the grantee fails to install its conduit, pedestals and/or vaults, and laterals within two working days after notification by the joint trench coordinator or other party controlling the trenching that the trenches are available, and if the trenches are closed after the two-day period, the cost of new trenching is to be borne by the grantee. 58-10 . 016 System upgrades and rebuilds. Except as specifically exempted by the board, should the grantee upgrade, rebuild or otherwise improve the system or services in any license areas within Contra Costa County contiguous to and served by the same headend as the area covered by the county license, such upgrades or improvements shall also be made concurrently or sequentially in the county licensed area. 58-10. 018 System interconnection. The grantee shall interconnect its system with other cable systems and transmission/reception facilities operated by other grantees or the county as set forth in that ;;certain .. . .. .. .. . . . >>> g emen ; b the; r o c ss» X n>: orgy Mcg: ost o: rtt d''t d t t .. , . ... .: »arid`; between €:t <:coup on he : ;one;; hand> >< and ;the' cab e ..... . .....;... ........ o P6. at.. d ttt ��d therein. oa the other.: r P;; tli�itese�ra -g�bl�� a 58-10 . 020 Emergency override. The cable system shall include an emergency alert capability. In case of public emergencies, the coup:ty . ............. . grantee shall, upon the direction of the Administrator of Emergency Services, simultaneously override the audio message on all television channels and allow the-eounty broadcast emergency messages . City-licensed areas shall be subject to a county override only to the extent authorized by agreements between the county and cities or authorized by state law. The grantee shall assist and cooperate with the county in periodic testing of the emergency override system. 58-10 . 022 Removal and abandonment. -28- 3-16-93 Draft ( 1) In the event that the use of any mter.3.al part of the cable system is discontinued for any reason for a continuous period of twelve months, or in the event such system or property has been installed in any street without complying with the requirements of this division, or the license :for s;u.ch system has been terminated, fd fie' revoked, cancelled or has expired ...:...::...::.:.::. without: xtension .or;:renewal, the grantee shall promptly, upon being given notice, in the same manner as provided in S.ectit>n 58-16 . 006, remove from the streets or public places all such property and poles of such system other than any which the county may permit to be abandoned in place. The county may extend such time not to exceed an additional one hundred and twenty days . In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to such condition as . ...;:... ... ..::..:..:..... .. :: . exp steel > mme ate r> or:::.:::.t.c :> a move n I::>:+t�therw a>:>: »:cam a w h a applicable.::.laws aind:::re ulat o:ns:. whet:her`<l ca 1:: >:state>or:; .. . ::::... 3 .: .: federal:; ..................... ............. ........... .................. .. ........... ......................... (2 ) Any property of the grantee remaining in place six ( 6 ) months, or such a longer period of time approved by the board, after the termination, forfeiture, revocation;, cancel;la:tern or expiration of the license without ... .... .. . ext+ rs; rin ar; rewaY shall be considered permanently abandoned. ( 3) Any property of the grantee to be abandoned in place shall be abandoned in such a manner as the county shall prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the county and the grantee shall submit to the county an instrument in writing, to be approved by the county counsel, indicating county ownership of such property. 58-10 .024 Unauthorized connections and tampering. No person, firm or corporation shall make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a licensed cable system within the unincorporated area of this county for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound. Also no person, without the consent of the owner, shall tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound. CHAPTER 58-12 GENERAL SERVICE PROVISIONS 58-12 . 002 Cable programming. The cable programming offered by the grantee shall a;riClud t a mini. iu each of the following categories as is ....:.::;::::::.::.:.:.:... . . ............: appropriate to the license area: community, family, children's, news and public affairs, sports, cultural, religious, arts and music, minority or foreign language, pUblIG bEGadGaSt4Rg, and educational for all ages . 58-12 . 004 Basic service. Basic service shall be available to all subscribers . No subscriber shall be required to purchase any other service as a prerequisite to purchasing basic service. Basic service shall include all PEG channels at no extra charge. -29- 3-16-93 Draft 58-12 .006 Required channel capacity. The cable system shall have a minimum channel capacity of thirty-six activated channels. If the service area of the county license is part of a cable system under a single headend that also has licenses with one or more contiguous cities within Contra Costa County, and if the city licenses require a greater channel capacity, then the highest city standard shall be considered the county standard. Such system shall maintain a plant which, with appropriate modifications, has the technical capability for data/video return or "two-way" communication. .:..... . : . :..:. ..: ;:Ca,. bi:I 't :;':'....:.. ;:. <;: o .;..:me ::::»>:.> at.:.s :C:::::;;::two c: . u. : .C. :: .z a pa> h :.:n::.t: ark.;;t . uh wafit;; m a ;at de o. erat .... Whether Md :. er::what:;circ� mstance.s such: two�wa commu:n cat'3on P... . ... . ..... .. . ......... .. . y.: ::: ..:. : . s > made'<;>o: eat30 a: w� 1 , e. »:ou 1n«:>;;> : e :; rantee s>:> >l�cense :::away . .::�.:::�::: :>.... ::. ;; ; ;.:t h :::. . ..::. d . �.. . .. ........:::..... ......:::.. 9: . resolution. on. ............... .. ................ . ............................ ........ In cases where the grantee's existing cable system does not meet the requirements of this section, the license award resolution shall specify the time within which the grantee' s cable system must comply. 58-12 .008 PEG channels . The grantee shall make available one or more dedicated channel on its cable system for purposes of PEG programming to be cablecast by the county, as set forth in :the Ac cess;.. ;Xgreement.the .... . 1 .............. ............ ......... ....... ........... .. lateEGe-naeGt a Elie aGress—a�eefeet—e es e�seRsur-rceatly with the this division. 58-12 . 010 PEG facilities . Except as limited by the Access:::Agreement itstor-GORa^-r^c^ct: MR-d- P b] G aG^^vess a -aeffien—exeGUced-6eRGu_'_'e t1Y Witrti'r�azc enaGtmeat of this d i_•i s!^^, the grantee shall provide such additional PEG services, facilities and equipment as are specified in the license award resolution. 58-12 .012 Subscriber access to PEG channels . PEG channels shall be part of basic cable service. All subscribers within the unincorporated and incorporated areas of Contra Costa County served by a grantee shall receive all PEG channels that the grantee provides to the county under this division. areas orGentra–Costa County. 58-12 .014 Public access usage management. The county agrees not to lease, transfer, or divest itself of control of the use of a PEG channel for commercial purposes . Nothing in this section shall prevent the county from delegating to an independent nonprofit entity such as a commission, board, or nonprofit corporation the authority to manage all or any part of the county' s PEG facilities, programming and/or funds . The commission, board, or nonprofit corporation shall be subject to the provisions of the;;:;.:ACC:Oss Ag eement, Seet!9R58=12 .x, and may be established jointly with neighboring .............. . :......:..:. jurisdictions at county' s sole option. 58-12 . 016 Free service to county facilities . -30- 3-16-93 Draft ( 1) The county, in its sole discretion, may determine that it is desirable for certain public buildings within Contra Costa County to receive basic service without charge to the county. Public buildings shall include but not be limited to: (a) Public schools and community colleges; (b) Fire stations, sheriff ' s stations and police stations; (c) Jail and detention facilities; and (d) Other buildings owned or occupied by the county or other public entity governed by the board. Public buildings shall not include buildings owned or occupied by private companies or organizations under contract with the county. (2) If the county makes such a determination, the grantee who serves the cabled area in which such buildings are located shall install a primary outlet, subject to the distance limitations of this section, and provide basic service to each such building, without cost, as may be designated by the county. (3) Free installation to existing buildings shall be subject to the following distance limitations : (a) 150 ' for aerial service drops; or (b) 75 ' for underground service drops . Free installation to new buildings shall be subject to the following distance limitations: (a) 150 ' for aerial service drops; or b 150 ' for underground service drops, p; oyatlet .suh;too' : ;lie ( ) g :: ......... ...... .................. ........ .::::::::... ns a: e n>ut ;... : trent :es:,con:c;urren : ,w e<:cons :rut on;o <s;uc. : new Y ; .. . .... . . . ....:. : ::::::: :: ;and >do><:not ;: a u1 re utti ` : Y r� r>sr< ork W ding;;; ;;< c. g r g<:>> . to .... . . imilar. work::> s re u r:ed> the cable o' erati�rs :hall If cuttn.9. bor ng or >s:. ! ;; ;.;«:. P t ;t > ;t c nt: .;: h,a;:r4m n :-start: a :w install ;the rs »'�5 ;;> t>:no cos . o : he vu . T a Y; . . :g e a>ici::for b: :: the count at the ;actaal':cost ...:: t;h :o Orators - a. . .... .. .Y . .... . . .. .... . .. . ....... P . (4 ) That portion of primary outlet installation which exceeds the foregoing distance limitations, and additional outlet installation to any such building, if requested by the county, shall be provided by the grantee and paid for by the county on an actual time and materials basis . (5) The grantee shall not charge the county or other public entity for any basic service provided under the provisions of this section, nor shall the grantee be responsible for securing any easements necessary to provide this service. CHAPTER 58-14 CUSTOMER SERVICE -31- 3-16-93 Draft Customers have the right to receive, and the grantee has the obligation to provide, efficient service, prompt repairs and service interrupted only for good cause and for the shortest possible time. 58-14 . 002 Continuity of service. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to overbuild, rebuild, modify, or sell the system, or the board gives notice of intent to terminate or fails to renew this license, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service, subject to the provisions of Sections 58- 14 . 010 and 58-14 . 014 . 58-14 . 004 Non-discriminatory services . The grantee shall not deny service or access or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, religion, national origin, sex, age or occupation. Nothing in this section shall be deemed to prohibit the discounts permitted in Section 58- 6 .002 (4 ) . 58-14 .006 Business office. Except as provided otherwise in the license award resolution, all grantees serving fifteen-hundred er faere BUbB ber& within entre—esta Geunty from a single headead shall maintain a business office within Contra Costa County open for at least eight hours per day during weekdays, excluding those holidays observed by the grantee. All grantees serving fewer than €lfteen-hundred subserlber-s wj:th:jA Gentry Ge ���Eeffi single ^ ead Sh-a &yTa�� business 4f f i^ eT within the nine Bay Area Geuntles, open feE at least eight hours per day 58-14 . 008 New service requests . Except for delays beyond the grantee' s control, the grantee shall provide service pursuant to the following requirements: ( 1) Within fifteen working days, the grantee must make cable service available to any resident requesting connection at the standard connection charge, if no new drop is required or if connection to the resident would require a new aerial drop of 150 ' or less or a new underground drop of 75 ' or less, as measured from the nearest active coaxial feeder line, provided the grantee has secured or made reasonable efforts to secure all easements or rights of occupancy necessary for extension of service to such resident' s home. (2) The grantee must extend and make cable television service available to every dwelling unit within three months in any unserved area reaching the average density of ten occupied residential dwelling units per one-quarter mile, as measured from the nearest active coaxial feeder line. Multiple dwelling units existing as of the effective date of this division, served as -32- 3-16-93 Draft one unit and receiving a bulk discount rate from the grantee, shall be counted as one occupied unit for purposes of this subsection. (3) In areas not meeting the requirements for mandatory extension of service, the grantee shall provide, upon the request of a potential subscriber desiring service, an estimate of the reaspnabi. costs required to extend service to said subscriber, including materials, labor, overhead and private easements, if necessary. The grantee shall then extend service within four months upon request of said potential subscriber, who shall be responsible for all reasonable costs associated with the extension. The ............ .... . . . .. ............ .. . . .... .. grantee may require advance payment or assurance of payment satisfactory to the grantee. 58-14 . 010 System or individual outage complaints . Upon receipt of a service complaint during hours the business office is open, the grantee shall respond as follows : ( 1) to a system outage of one or more channels, within four hours; (2) to an individual outage of one or more channels, within twenty-four hours; and ( 3) to all other reception problems, by the next working day or as agreed upon by the subscriber and the grantee. The grantee will be deemed to have responded to a service complaint when a field service representative competent to fix the problem arrives at the service location (which may be some portion of the cable system and not a subscriber' s residence) and begins work on the problem. In the case of a response which involves request for service at a subscriber' s residence, and the subscriber is not home when the field service representative arrives, response will be deemed to have taken place if the field service representative leaves notification of arrival . Where the grantee is unable to respond to a service complaint within the applicable time period specified in this section, the grantee shall make reasonable efforts, within such time period, to notify the complainant of the reason(s) and the estimated timeframe for correction, and shall proceed to correct the service complaint at the earliest possible time. 58-14 . 012 Scheduling service calls . At the subscriber' s option, weekday service calls shall be scheduled as morning, afternoon or evening era- appointments, unless otherwise specified in the license award resolution. For service calls responding to system or individual outages, holiday and weekend scheduling shall also be available. Appointments ;shal;.l. b;e ;scheduled ,:..... ....... A t� a wind .w<<caf o m t >: :our ; 4> >> s ues<:; th ubscr3 bet t ith e m o.;.;: n Q e h; ;;: t. .; au , . . . ... <.>.; e; s;.; .. ... ... . vo unta.r l ..consents; to a;<;lo;n a ;; er od;; If the appointment cannot be kept, Y . ....... P ........ the grantee shall make reasonable efforts to promptly notify the subscriber in advance. 58-14 . 014 Notification of service interruptions . Where service interruptions of one hour duration or longer are planned, the grantee shall notify subscribers at least twenty-four hours before the anticipated interruption, provided that no notification shall be required for service interruptions occurring between 2 : 00 a.m. and 6 : 00 a.m. Notification need -33- 3-16-93 Draft not be repeated before each anticipated interruption as long as the initial notification advises of the possibility of repeated interruptions during a specified perioda; ;;; o ieeC#;;; Ztei; ;lf►tyh (e.g. }we weeks To the extent .....:..........:..:......... .. .. feasible, the grantee shall avoid interruptions between 5 : 00 p.m. and midnight. 58-14 . 016 Telephone communication services . (a) The grantee shall render efficient telephone communication service, sufficiently staffed by knowledgeable, courteous personnel . (b) Customer service response. At a minimum, the grantee shall have on duty a sufficient number of customer service representatives available to handle customer calls during all hours that the business office is open. During times not handled by customer service representatives, each system must have a capable answering service for repair requests or service complaints . Answering machines are not acceptable, except for automated response units that are used to process and route calls to on-duty personnel of the grantee. (c) Telephone system requirements . The grantee shall at all times provide a telephone system meeting the following requirements : ( 1) Each grantee shall have a phone system with a sufficient capacity to promptly respond to telephone calls . Telephone numbers for customer service shall be listed in a local telephone directory. All telephone lines for customer service shall be toll free to subscribers within the license area. (2) Knowledgeable, qualified customer service representatives shall be available to respond to customer telephone inquiries Monday through Friday during normal business hours . Additionally, 'sed—en Gemm"^its-needsT the grantee shall staff telephones for ;suc;h supplemental hours on weekdays and weekends as are: . 0:6 ped n:>:<th :> : tens >�wa�cd resod tzor�. .P.... ( 3) 5:er normal--eger-atiRg Gen ltlens Telephone answer time by a customer service representative, including wait time, and the time required to transfer the call, shall not exceed 30 seconds . Those systems which utilize automated answering and distributing equipment shall limit the number of routine rings to four or fewer. Systems not utilizing automated equipment shall make every effort to answer incoming calls as promptly as the automated systems . Under—normal—egeFatlng eeadltleasr The customer shall receive a busysignal less than three percent of the total time that the telephone :.:::.. ..:::::............ .. stem is ;> taf d <b ;«:gtzstomer< derv; Ce. re ;x+ ;se t t v sable- €f}se i� ^^ee Y . YP —� These standards shall be met no less than eighty percent (80%) of the time measured over a one-year period. If the county receives complaints indicating a significant problem in any telephone system, the county may require the grantee to meet the above standards not less than eighty percent of the time measured over a sixty-day period until such time as the performance is perceived to be satisfactory. -34- 3-16-93 Draft (4 ) The grantee shall, by means of automatic monitoring equipment, track all customer service telephone calls and prepare monthly summaries of all calls according to the criteria listed in subsection ( 3) . Such report shall be delivered to the county as required in Section 58-8. 028 and, in addition, as requested. Where the grantee serves two or more communities in Contra Costa County from a common headend and/or provides cable service to two or more communities in Contra Costa County through common administrative and operational facilities, reports with respect to the requirements set forth in subsection ( 3) may be provided for all communities served by the grantee and need not be provided on a separate basis for the unincorporated area of the county served by the grantee. In the event the grantee elects to provide combined reports, as allowed by this subsection, any deficiencies reflected therein shall be subject to the provisions of subsection ( 3) and Chapter 16 . (5) In cases of outages or major service interruptions beyond the grantee's control, the telephone system requirements described in subsection (3) shall not apply. However, there shall be a recording informing customers of the problem and probable correction time. (6) In cases where the grantee's existing telephone system cannot demonstrate compliance with the standards set forth in s.ubsectioas ;(3 j ;tar (4) .. ... ...:::.::.. ::.:::: this—seGtIGR, the license award resolution may specify comparable criteria for the grantee's telephone system and the timeframe for compliance with the standards set forth in this section. 58-14 . 018 Service availability and record request. The grantee shall keep a computer log or written record for at least three years of all service calls and complaint tah ' . th >': ' is tch;: o >>:a .s vice eh` 11 P ....;�:C.. .r... ...>. +�.. ........ps . ...; :;;; ; r v: .c 1 e ,to . ;............. . ; ........... . .......... ......... .................. .. . respon to..t. e;>:s:ery :;ce; ca or;;;c,off61a.Int, as described �n Sections 58-14 . 008 and 58-14 . 010, received by the grantee, together with the disposition of such calls . This record shall be available for public inspection at the local office of the grantee during regular office hours such that each subscriber may examine his or her own records. Before making a record available for inspection under this section, the grantee may require reasonable advance notice, which shall in no event exceed one working day. 58-14 . 020 Subscriber test requests . Upon reasonable request or complaint by a subscriber, the grantee shall, St; ;ts; sq;i; ;; eXpls;e; ; perform ............::::.........:.:::. ...... ............ .. .. such signal level tests as necessary to establish if a signal of requisite quality is being delivered to the subscriber' s premises . The test shall be conducted at the subscriber's receiver and at other such locations deemed necessary b the grantee: ....grid:»>a;;ca ;; ;;:a; <>;t iii,v�ict:trt test: resu 'ts sha� 1 ; be made ;availab;Ie -to......the;;:s l scr be;r;;;u on ;r;e.:oast. . .... . P g 58-14 . 022 Subscriber survey. Not less than once every two years, the grantee, at its sole expense, shall conduct a survey or surveys of all subscribers in the ;grante.e>';:s;;;gerv#ce area to determine: ( 1) preferences for programming currently offered by the grantee, as well as programming available nationally or regionally but not currently offered by the grantee; -35- 3-16-93 Draft (2) satisfaction with customer service, including without limitation response to customer complaints; and (3) satisfaction with the technical capabilities of the system. The survey methodology and format shall be subma; ted; :to ...; . ::.::::.::.:..... .. the county administrator ;for ,.:.... , :..:: .. . ..::::::::. rev<�:ew and . comment; z ;p :;:;to ;d ;;s:t :bt 4 ;;;tt� the : rantee's; sbs.crber.s. In ..... : ;;:;;.;;.;.;;. P g addition, not more than six months prior to submitting an application for license renewal, license transfer or for extension of license term, the grantee shall conduct a survey in accordance with this section. A copy of the survey results shall be sent by the grantee to a4l the county administrator, together with any programming or other changes resulting from the survey. 58-14 . 024 Conditions of service - Subscriber information. The grantee shall send or deliver to all new and reconnected subscribers in writing, in a form easy to read and understand , information concerning the conditions of service, including but not limited to: rates, fees, charges, deposits, refunds of deposits, available levels of service (tiers) , payment options, discounts (if any) , service call policy, privacy protections and disconnection and reconnection policy. he> > ra tee steal l ovid ;>< >a>:.<:;cQ ch»:>;:s n .t�rntati »;; t T . . + : :: p ::::::4 ::::.s..0 o ::: © t count. $ . . .. Y 3! admin:istrator> riot:;;: tc� xts: I tri ut�:on:::<to .the; rantee: s subscribers.1.::for P 4 .....:: .......... .... .......... .......... ........ ............. . ........ r vie anci ;cttijte ............................ ............ ............. 58-14 . 026 Complaints - Subscriber information. Upon connection or reconnection to the system and at least once a year, the grantee shall, by appropriate means, such as a card or brochure, printed notice on billing statement, or billing insert, furnish to;«;;each;> ;5ubs;erbe;x information concerning the procedures for making inquiries or complaints to the grantee or the county, including the name, address and local telephone number of the grantee and the county administrator. The form and content of the complaint notice shall be subject to review and approval of the county administrator. 58-14 .028 Investigation of complaints . ( 1) When there have been a significant number of complaints made, or where there exists other evidence which, in the judgment of the county, indicates a problem with the reliability or quality of cable service as required under this division or in the license award resolution, the board shall have the right and authority to require the grantee to evaluate the performance, operation or administration of the cable system including without limitation matters relating to customer service. The grantee shall fully cooperate with the county in performing such evaluation and shall prepare results and a report, if requested, within thirty days after notice. Such report shall include the following information: (a) The nature of the complaint or problem which precipitated the eva:7uais . tian speG; a, test (b) What system component, operation or service was evaluated. -36- 3-16-93 Draft (c) The equipment used and procedures employed. (d) The method, if any, by which such complaint or problem could be or has been resolved. (e) Any other information pertinent to the evaluation which may be required. (2) The county may require that evaluations be supervised, or conducted, at the grantee' s expense, by an engineer, accountant or other cor�sul;.t nt selected by the county and not on the permanent staff of the grantee or the county. The engineer, accountant or other c..onsul:t;ant shall ........ ........ ......... .. ...... ......... .................. sign all records of the evaluation and forward to the county such records with a report interpreting the results of the evaluation and recommending actions to be taken. The county's rights under this section, shall be limited to evaluating specific subjects and characteristics based on complaints, circumstances or other evidence which cause the county to believe that evaluation is necessary to protect the public against substandard cable service. .......... ....... T e;;< <>c u t » sha 1 : Vit::>>>: 'us e » en veers 3) h. c� n .. :::::::: l ma .n.t rt a ...: :. :.:::.:: i . . ... .. . ................. x.......... g..... g .................. . ......................... .... ......... ............ ........ . ......... . . . . ....: .: .; .. . ac:c:auntants. an><:>:o er< a ns:u tan s .Mu Ma: acre a e t4 :t e; count >>an e ....:........ .... . «. . . Y.::;;; .;.:P.;.;;;.. Y;.. The >]s t b: >u ve a s a s Zvi s e a ' e; ranted spa . t d::e r t : ee...y..;ar. r;.;a at ez: 9r ;; grantee. . ...... . . . ......... b the»count > and the ; r:antee. Whenever; os:s:: ble> he :>count ;>;:sha se I.e. a . . 9 ::.:: : P F;;; Y; >< »<: . »»:.. ... . ... . . co SuY:tant ;from ;such ;last to su e> .vLse or conduct the eva1 tits;n.s: ;d;e5c ; bed P �::. .: ... . ..... . . . .:: . . . . .. . a consu:ltant > to;>;s:u' ervis:e or:::::conduct n subsection ;.( ) B f©re retain . . .. .: .:. P. .. . . . ns the o s s:t: of E e.;.: t e wrat:zn a: iVe evaxuat�o cunt. haJ] . a�:r a. y ; can e . X:. . the : rantee:;a>;reasonable .eri:o.d:>of t:ime< :w :thin which:>:to::cure the . r:oblem; .... ......... 58-14 . 030 Billing, late fees, disconnection of service and notification of rate changes . (a) Bills for service shall be monthly . rvrewe=ier, GUbSG iters requestixg-menthly billing fer the!- ae- . ee shall billed monthly by the grantee and allowed te pay SUGh. GhaEges in that ffianneE. Nothing in this section shall prohibit voluntary prepayment of services by subscribers, provided that the grantee shall not be required to offer or accept any discount or other reduction in the amount paid by any subscriber for a voluntary prepayment of services. b Exdd t as:: a. o b. : t :t r e e > ;;; a .,, t `e . rantee ........... ...... ... steal no tem. ze>;;;;on >a: > u scr e:r; s :: .an ee <;:> > axes ; ;or a5;sessmen s . . ... Y �.; . . ... ::>t >;r8 t e 'A . w'thOut >> t 'OYt d fts e abl b h . ntee.:to h ca�r�t�r• � �uda,rtg �..;;;; ...1:1i�a ;; ..:a Y Y. :; . ..3.... ...... . .. . .. .. . . .. . . ........ .: a ;d' r es Before em zin on fees os;s.essor:.: int.er;estr:;;taxe;s n...;;;:P:. open; tai€..:.. ........ .....;Y .:«<.. ;. .... . . .. .. ......: .. .. ...::.... . ...:....... ; ..::.::.::;::;... . :.::::.. . an '; r autho z sta « "r ; ' a >> aw >>the subs.C.r. til .s 3tem5. a . .ess.�.Y.; ;; r;;;; ;;; t .< der , p ; .. . ::: ... .. ............. ..::::.. rantee shall ::submit a sam ;l *»bit tothe; count: ; fo:r rev:lew and comment In .. .. ...... . .. t tihat<. e l c p t to i .,, ':sI d''n ` ;o: tk�e even ... t.. ba l .�r anquage:;P . p:. s >:» ;V; ; ;e:.;gran;;;;e ;.; . ma a<. g .... ....;: : : ..::.... ..... ........ . . .:::. . .. ..... .. .. . incom fete the rante.e ;shall:: modif ><<: e:;:sa a as:>re uested: >b the :count :or . . :.P . 9. . .. . : Y.. . ; .:... 4 ; ;; Y ...... Y d u e<;a ;: ab3 on Xc Our.: " ha 1, ;n 1 dr a s Q rl.;;;;; .O.x 4:4 0 : .::. . .r � �: �V..:. h+�;; o. tV . .... ........... ....... .. . ......... ........................... ....... (c) Charges on a bill shall not be deemed delinquent and a subscriber shall not be subject to a late fee, so long as payment is received from the -37- 3-16-93 Draft subscriber within ten days after the end of the servicd period covered by the bill . ................... ..... (d) Before disconnecting a subscriber' s service for nonpayment, the grantee shall, by Cablegram, T-gram, mailgram, telegram or other means approved in advance by the county administrator, give the subscriber at least five days ' written notice of intention to disconnect. The notice shall specify a deadline for payment to avoid disconnection, which deadline shall be at least five days after the delinquency date described in subsection (c) of this section. Provided the grantee has given such notice to the subscriber, if payment for the delinquent charges and any applicable late fee is not received by the deadline, or if the subscriber' s payment is dishonored by the bank, the grantee may disconnect the subscriber's service without further notice. 58-14 . 032 Credits for outages . Except for loss of service beyond the reasonable control of the grantee, after notification from a subscriber of an individual or system outage and following the timeframes set out in Section 14 .010 for an opportunity to cure, the grantee shall, upon request, credit the subscriber' s account on a pro-rata basis one-thirtieth of the subscriber' s monthly rate for each day or portion of a day that the system or individual outage continues . In addition, in cases where there have been more than six individual or system outages of fifteen minutes or more within a seven-day period, the grantee shall, upon request, credit the subscriber's account for one-thirtieth of the subscriber' s monthly rate. Should an individual or system outage affect a pay-per-view or other similarly priced per-event service, the subscriber shall, upon request, be credited the charges for such service. Credit shall be given under this section only if the subscriber has notified the grantee of the outage within twenty-four hours of its occurrence and has provided access to the grantee as necessary to correct the problem. Nothing in this section shall prohibit the grantee from giving other credits . 58-14 .036 Refund of deposits . The grantee shall refund all subscriber deposits within thirty days of termination of service. Any outstanding balance may be deducted from the deposit. The refu� d' Ahal1 be;::ma led. :o;;:; :he .::.:.::..: ,...;....,. .......... .......... . .... ..... ......... ........ ..... .. ...... .... subscriber at..n ex else, r; sh;> �.;:b. : h nd da�; ;.;th�x-w se : � �±�d :. b �.he . .. ............................. ................................................... Y subscriber. 58-14 . 038 Parental control lock. The grantee shall provide subscribers, upon request, with a parental locking device or digital code that permits inhibiting the video portions of premium channels . The grantee may charge a ress;4nab;le rate for such a device. . .......... . ........... . .......... ............ ........... ............. .......... 58-14 . 040 Privacy. The grantee shall not sell or otherwise release to any person, without specific written authorization from each individual subscriber, any list which identifies individual subscriber viewing habits . -38- 3-16-93 Draft The grantee shall not place in a residence any equipment capable of being used by the grantee for audio eavesdropping or video surveillance. In addition, the grantee shall not activate any two-way communications capability of the system in a subscriber's residence, or use the system to gather information about individual subscriber viewing habits, without the subscriber' s informed written or electronic consent. Notwithstanding the above, the grantee shall have the right to use the system to (i) obtain information necessary to render cable service or any other service provided by the grantee to the subscriber, (ii) verify receipt of cable service for billing purposes or (iii) detect unauthorized reception. 58-14 . 042 Landlord/tenant. (a) Neither the owner of any residential dwelling nor his agent or representative shall ask or demand any payment, service or gratuity in any form as a condition for permitting the installation of cable service to the dwelling unit occupied by a tenant or resident requesting service. (b) Neither the owner of any residential dwelling nor his agent or representative shall penalize, charge or surcharge a tenant or resident or forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable service from a grantee operating under a valid and existing cable license issued by the county. (c) No person shall resell, without the express written consent of the grantee and without a license from the county, where required, any cable service, program or signal transmitted by a grantee operating under a license issued by the county. However, the owner of a multiple dwelling unit, under the auspices of a bulk cable service agreement with the grantee, may charge tenants for cable service, so long as such charges do not exceed the charges made by the grantee to the owner, plus a reasonable sum to reimburse the owner for necessary administration and billing. (d) Nothing in this se:C;tiion '� shall prohibit a person from requiring that cable system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons or property. (e) Nothing in this eCtio 'tee shall prohibit a person from requiring a grantee to agree to indemnify the owner, or his agents or representatives, for damages or from liability for damages caused by the installation, operation, maintenance or removal of cable system facilities . -39- 3-16-93 Draft 5;$-14 .044;; Fees:;;;for cus;tamer;«sery%ee . Exce' t;; ek ;.:e s ata e : b: 'st t o fede the ( ) as : Pr ; Y. u;;;h .t Za a e ;;;: x`a Iaw, grantee. . . .. . shall not''col:lect :a'h rate:» f:ee: c r char a>from::aubscrik�er:s :fdr erform'in ; an .y . .. P . y ............... . ................. . ... .......... ....... .. ... ....... . . g th ct trimer >s rvice s>:>; :: :t fort is .cha to a s . ;; ;;;; .. ..::.service.. . re,qu deme n s s::S.e.: ::.a x t h r . ...... ............... iii ? » 'Gi ::>::: :'.. : '' d :::::: ;::.: ::< �; tr::C <:: s: i [pr S.' :: :au:tll<yr>7 & : .. ::4.::: .:O...II....::... ...:..:.:.:: .21.:::::.:.i:..:. ..::.:.::::::::::::.... ....::.::.:.::::::::::.:...:.:..:... ..5.::.: .. .........::::::::.:... :....::... C3 .#... . .................................................... ...... ..... .................. ... .. ............. ............ . .......... . .. .......... . ......... b ate> or a era> >: aw :; e: ra::e ::: e$ o are or :a : ar a:r:>€:se > ; c Y;:.;; t r r p g ... . P fico ... . . . .ry e .................... . . ................ ... .............. . .. .................... ... ....... .. . . ........... . ....... ... .. ha1;1 a u;n forrn re a e a »;tiv at t m t o :da : d of>>t a >wee t o e t;::; g.; d . s ;;.;.;:<.;. ;. ;;q Y. . ;:;.;;;;�: �;. . .. ................................ ................ . .................. . . .... . ... . ............... . . ............ ........ . .......... .......... raritee res onds to a<>eustomer; service: re 'uest.. 9; ...... .. . CHAPTER 58-16 VIOLATIONS 58-16 . 002 License violations and penalties. ( 1) In the event the grantee fails to comply with any provision of this . .:..:.:.. division or the license award: res:aluton the;.:count ma ;;;>reccver :;enat:tes .. . .. ......... , Y Y... from ke' grantee;>as pav; ded: a Vii: ; ;;sectio; ... ... ........ . . . . ......... TQ;;;'< eCav r n <> ; :::::: rte r ntee t o c t »s a st ' r e p�'.... .;a,.�; :.�'..w . .. m .U. ;g r. tl. c ut1;y ;« ! , . a ............... . . .. .. ... .. . .. ......... . notify the grantee in writing of the violation. The written notice shall specify a reasonable time period for correcting the violation, which period shall be no less than ten working days, and the date on which penalty assessment will begin. Each penalty assessment shall be due and payable to the county no later than one week after the date of assessment. ( 3) If, within the time stated in the notice, the grantee fails to correct the violation and furnish written proof of such correction to the satisfaction of the c�aur ty, the following penalties shall be assessed against the grantee, beginning on the date listed in the notice: (a) For failure to provide data, documents, reports, bonds, insurance or information as required or requested under this division by county, the grantee shall pay $50 .00 per day for each day or part thereof that such violation continues . (b) For failure to meet system construction commitments in the a d so ut'on;w :t u: �4 < v ;:i: ; e .::4 Chore : ion :f dm>;the'. eco ...t license aw ; Q . ...: . a. ;;:.;; ;; ;. .;.;; .«< ..�. .. ....... u:.;: Y, ..... ....... the grantee shall pay $100 . 00 per day for each day or part thereof that such violation continues . (c) For failure to test, analyze and report on the performance of the system following a request, the grantee shall pay $50 . 00 per day for each day or part thereof that such violation continues . (d) For failure to comply with the technical and operational standards of Chapter 58-10, the grantee shall pay $200 . 00 per day or part thereof that such violation continues. -40- 3-16-93 Draft (e) For failure to commence, pursue, or complete any work required by law or by the provisions of this division or by its license to be done in any street or other public place, within the time prescribed, and to the satisfaction of the county, the grantee shall pay $100 . 00 per day for each day or part thereof such violation continues . ( f) For failure to comply with general service provisions, public, educational, governmental access channel provisions or customer service provisions as contained in Chapters 58-12 and 58-14, the grantee shall pay $100 . 00 per day or part thereof that such violation continues . (3) If the grantee fails to correct the violation and furnish written proof of such correction to the satisfaction of the county, a second notice in writing shall be sent to the grantee. The.:::second ;r of ce:: shall :s ec f :the drat on::w is a$ e5smartt o ena tyres:>:be ai <t�r< :I Y« big in::;and; :;�. ;: t o ... . e ects o e n cr u�re»>or revoca: on :. oceedin s shall<:>:include the ...... . g;.; P g .;;� . . . . :... h :......... wri o deman&;::descr bed;:> n :S:e �c�n:>;16::: ;U4(2 ;. ...... . 58-16 . 004 Forfeiture or revocation. ( 1) Grounds for revocation. The county reserves the right to revoke any license granted hereunder and rescind all rights and privileges associated with the license in the following circumstances, each of which shall represent a default under this division and a material breach of the license award resolution: (a) If the grantee shall violate or default in the performance of any of its material obligations under this division, the license award resolution or such other documents, agreements, terms or provisions entered into by and between the county and the grantee, and such violation or default is not corrected after the applicable demand and period to cure provided in subpart (2) of this section. (b) If the grantee should fail to provide or maintain in full force and effect, the liability and indemnification coverages or the bonds as required by this division or the license award resolution. (c) If there is an outage of the cable system or significant portion thereof for a continuous period of seven days or more for any reason within the control of the grantee. (d) If the grantee practices any fraud or deceit upon the county. (e) If the grantee becomes insolvent. (2) Procedure prior to revocation. (a) Except for defaults involving bonds or insurance or system outages, the county shall make written demand that the grantee comply with any such requirement, limitation, term, condition, rule or regulation or -41- 3-16-93 Draft correct any action deemed cause for revocation within thirty days after the grantee receives such written demand. If the failure, refusal, or neglect of the grantee continues for a period exceeding thirty days following the grantee's receipt of such written demand from the county, the county may place its request for termination of the license upon a regular board meeting agenda. The county shall mail to such grantee, at least twenty days prior to the date of such meeting, a written notice of the intent to request such termination, and the time and place of the meeting, notice of which shall be published at least once no later than. ten days before such meeting, in a newspaper of general circulation within the license area.. (b) The board may hear any persons interested therein, and the grantee shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence, to be represented by counsel and to question witnesses . The board shall determine, within ninety days of the close of the hearing, based upon the preponderance of the evidence, whether the grantee has committed a material breach of this division or the license award resolution. The decision of the board shall be in writing and based upon the record before it. The board may appoint a fact-finder to conduct hearings and to submit findings and recommendations to the board on the issues . (c) If the county determines that the grantee has committed a material breach, then the county may, by resolution, declare that the license of such grantee shall be terminated and bonds and any security fund forfeited. (d) Except as provided in Section 58-10 . 022 for abandoned property, should the county purchase or take over the cable system upon revocation, the valuation of the cable system shall be at fair market value, with no value assigned to the license itself. (e) In the case of defaults involving failure to provide or maintain in effect any of the bonds or insurance required by this division or the license award resolution, the qun may make written demand that the grantee comply with such requirements and remove the default within five business days of the demand. Should the grantee fail to provide or reinstate the required bonds or insurance within that time, the license shall immediately terminate, without further notice or action from the county. ( f) In the case of defaults involving outage of the cable system or a significant portion thereof, which outage has continued for seven days or more and which outage is within the grantee' s control, then the board may make written demand that the grantee remedy the outage within five business days of the demand or such longer period of time as the board, in its discretion, may allow. Should the grantee fail to remedy the outage within the applicable time period, the license shall immediately terminate, without further notice or action of the county. 58-16 . 006 Procedures in the event of termination or expiration. -42- 3-16-93 Draft ( 1) Disposition of facilities . In the event a license expires without the sale or transfer to a cable operator who is granted a successive license from the county, is revoked, or otherwise terminated, the county may order the removal of the above-ground system facilities from the license area within a reasonable period of time as determined by the county. (2) Restoration of property. In removing its plant, structures, and equipment, the grantee shall fill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the grantee' s removal of its equipment without affecting the electrical or telephone cables, wires, or attachments . The liability, indemnity and insurance shall continue in full force and effect during the period of removal until full compliance by the grantee with the terms and conditions of this section. (3) Restoration by county - Reimbursement of costs . In the event of a failure by the grantee to complete any work required by subsection ( 1) above and/or subsection (2) above, or any work required by county by law or division, within ninety days after receipt of written notice, and to the satisfaction of the county, the county may cause such work to be done and the grantee shall reimburse the county the cost thereof within thirty days after receipt of an itemized list of such costs . The county shall be permitted to seek legal and equitable relief to enforce the provisions of this section. (4 ) County's rights not affected. The termination and forfeiture of any license shall in no way affect any of the rights of the county under any provision of law. 58-16 . 008 Remedies available to county. In dealing with violations of this division or the license award resolution, the county shall not be limited to the remedies specified in this chapter, but instead shall have available all remedies provided by law or equity. In addition, the use by the county of any remedy specified in this chapter shall not prejudice or affect any other remedy available to the county. CHAPTER 58-18 OTHER JURISDICTIONS 58-18 . 002 Annexations and incorporations . Whenever any portion of the territory covered by this license shall be annexed to, or otherwise become a part of any municipal corporation or of any other county, the county' s rights- and duties hereunder shall inure to the benefit of, and be enforced by such other public body and its appropriate officers . 58-18 . 004 Joint exercise of powers agreement. Should a joint exercise of powers agreement (Gov. Code, S 6500 et seq. ) be entered between the county and a city or cities located therein in accordance with law providing for the joint regulation of cable grantees and cable services, involved grantees shall be governed by, and subject to that agreement, pursuant to this division' s provisions: > r0v.1d.Od» t at<:>: to>;s Ch oa�tt:»>: ;awe ; a se men >::>shag: P ►� :: . �. ... > ; g.. . -43- 3-16-93 Draft impair any right or obligation of the grantee under ; 1 r .iphs ; ;vasi :: .. ..... . .. ......... .. .. . ts .... award:«res lu c ri ...:.....:::.:...: :' CHAPTER: $<l:2�i;;M-1:S�E�.I AN.EOUS f a : nda :; Das <:>;: "or ur oses t :is<< v: s; on >:>< «; >:: usiness; and r:.. Y. ........ ... . ►. .. P p. .:.. n bee r off; a:> >s;<;>w out:::: ual�: 4 cat :as to whenever re. erence.;;:.;i;s. made to. .$ ;;;um. . ; :d .y ;:.;; ; ;;�.h �; . . s radar da s such. number::>:of:.: da> s::.shat] :be;;deemed ta;;; P. calendar busines or tale Y , ::.::.:: Y. ... ...... ... . ............................ ............................. days . ... . :.....:.. c a> eure ; :;in::;::the event the rantee;>s > er ormance: a> an 5.80 .0.0 >;.For: e 9 g..... .. P. Y s cr o :.: t:; t , F1der :t:: ;d vx91 6©r �r of the:: terms: cer►d�.ta an . r. .: a. .: a.:a ins re#�u. fed 4.f .......... .. ..:.::::f.:::.... .:.::::.::::::. ::::::::.:.:::::::::::...... ..:: :..:::::::::::::::::::::...`7,:::..::::;::::.:.:::::::.::::::::.::. ...:.:..':::.>::::::>.: :..:.;::<.s;:.;:.;:: .....::: .::... .. . .. :: c e award reso.�uti0n is prevent b . >a;n ;;>zau e;:;;;o;r;;;;, exit; no ;;;;w . .: n its a a ens P;; .:::: : . ... . . Y . .:. . .. . , . .; d t :>; r�>:> a fo :;:shad. .;> 7e: .e. ccuset; >aa no the :antee;;s.; co.nt�o� , �uch:...a,.naba.�a �.: ::. : r ;;.;:::: .:::: : 9: ;; .:::P:... . . . . .: . .. ..; . . .... ... r m osed»»u 0n> the> r:antee `as<a einalt�es or >saractions of »a;n: »:>natu a :sha1.1 be..:: ... . p: ... Y:.::::::: F P 9'. . .... ........ .. o ..>: r:: ur asses ; th s �n ;; causes car >everit > hc�t w: t ;in resu ,t there ::: Fe:::.: :.;:«.;:.; :at .. ... : : . . .::: .:::: :..:.::::: ;;;�. : P con of :of the» :rantee nc ude< : ithout:> imitation; the.:.:.. . ..tr :. .... ..:::...:.:......'.:.;.::..:;.;;;..;;;;;;:.;:.;:;:.;:::.:;.::.:r.;;:.;:.;;;;;:.;;:.;:.;:.;::. :::«««<.;:.::.;:::.:':.:'.:...................:..... . fe o:t. a :::::or. c .v »: t es; >:a+ct.10 . an. S t '.� Ce.S::::.;:::: .Et Qr..:S ".... . .r..:.:.S. lb.:::..:: i.: :r:::: ....f t a.::::::: ::. :r.:.:: .:::d 7..5::.:11 b�'�Yki�;..:..::�...: :. ..:::: :..:# .ta..: . ..:...::.. r..::::.. :::::::::::::.....:..::..::: :»::;: . ... »:: o.f ubl c ; enemies€ :natural .overnment:;;a ency car.;;.;court, .expiosc�ns <.;;:.::aegis;; P :: .: . agency ...::;:::. . ... y.r ............. s� �des<:;«::an es Powe o :5 '5ter5.'.::.:5:t1C:11:<:::.:as:>::>::»: :Cy:bd.S: :::.. :28 .th::<l :tl CE�`5 ............. [ .. . ........ ................. .. ........ Cf...... ..............r :.:::c .. [...:::::::::::::::::.:::.::. r..::::::::::::::::::.... :::::::. .............. :.;;:<.;;:: . ... e e ar :o s <«: uotas"': '>ra:aph n material <sh4rta :es dommun c.at sc mn;:> 611ures: mb........ . �.:...... .. , P. . ............ ..:::.::::. .::::.:::.....:.:::::::::.... .:. .r...;... .::g ::::::::::::...r.:::;:: GJ:. ....:..::::::..:.:.::::;:.;...'::.;:.:.. .;:::.. .:.:.; .... ter a e v c a e t from no a> s urCe.s ::of P :t to secu m a s>>::s>.. r: a. +ss:»;or u m n rm 1.. o Y . . ..... ...:: :: :.. . .....:...:...::::::.: ::::.::::.............. .. ...... ... d . . . . o <> dil ent ::;:and:;«:t: mel efforts;:::::to; ;; o: s0> an na t o su 1: ; fol. win :.;.:. . q. .......Y....... . ... : .::::::::.::: : . ....... r: Y PP.;Y g ... . <.;.; . urea rov :>ls v ent or..a tho: at ons rc m ars ersori u :`csr� such ;terms s:ec..:.. ..... .::...:.:::.::.....: .:. . .:r.:.:.;:.;C......n..S:.;:;:.::.;;::.;5.;':..;::.....:.:.::::.:::::.:::::.; : .: ....::::<.::.:...::.::..::....::.:.........::....Y...p.::::::::.....::::::::.... ?:::.:... :.:.:..: .. .. ......::.. .. .. . pP : :.:con tions as<are»>reasonabl :«sat sfactor : >'to the.:::>' rantee;;;after: dii1 ent and d Y . .: ::.: .Y . ...... ; 9 . « . .q :::: . to o;;:s:o>.> > :.: erg od>;c.. .... he.; ra tee s;; erfa anc:e s a and:::timeI >:;efforts d the. . :: .:.:. n .: ..:.Y .. .. .: ..........::::::. . ... ..... .. : ' .;;: ......... .::.. .. .. ........ .. . be ext:en a »> e; er o ;>::e:: an : suc : e. a ;> ,rem » o own s new e e P.. . Y .. .. :::.......... Y P P .: Y. . . ......:................................................. ........ thereof ........................... 58-20 . 006 Notice. Except as otherwise provided in this division, any notice, approval, consent, waiver or other communication required or permitted to be given or to be served upon any person in connection with a license award resolution shall be in writing. Such notices shall be addressed to the party whom such notice is to be given as follows : if to the grantee, at the offices of the grantee within the county; if to the county, . . .. ...;..:. to the license administrator. Sc;;««natae;:;; s a; ; >>>: ± <; eerie. :re;�e� e u do . :.... or ;::he ; to::> f first»;;ahem ted; de:lf :ems b > ;the recei t b: :::the addressee a e . P. Y .:Y P :Y.::.. : ,: .::.. ...... .. ............. . .. ... nite' <: tate5 :Pds;t:a1 Service; wh:::W W. :er;,< s earsid e ; ; Either art may change :,:.;>d:...S : ;>.;:. �; party Y g the address to which notice is to be given by providing written notice to the other party. 58-20 . 008 Reporting Requirements . All reports, filings, documents or responses required of the grantee under this division or its license award resolution shall be provided by the grantee to the county within the period required therefor and shall contain the information specified, provided that the document or response is reasonably related to the obligations of the grantee under this division or its license award resolution. SECTION II . SEVERABILITY. If any chapter, provision or clause of this division of the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapters, provisions or clauses or applications of this division which can be implemented without the -44- 3-16-93 Draft invalid chapter, provision, clause, or application; and to this end, the chapters, provisions and clauses of this division are declared to be severable. SECTION III . EFFECTIVE DATE. This division becomes effective thirty days after passage, and within fifteen days of passage shall be published once with the names of supervisors voting for and against it in the a newspaper published in this county. PASSED on by the following vote: AYES: NOES: ABSENT: ATTEST: Chairman of the Board -45- 3-16-93 Draft TCI OF CONTRA COSTA CO TEL :5103728264 Mar 03'93 15:58 No .026 P .0110—' post-It"brand fax transmittal memo 7671 x Of Mws F .� ATTACHMENT B ��- From I'P 1 Contra Costa County i o„p, 'c_ Nit# t{6a4' Fast 002. Ucense Pee The board shall set a license fee for each nonexclusive license granted within any licensed territory. The fee shall not exceed the maximum percent allowed by law of all the grantee's annual gross receipts from all sources attributable to the operation of the cable system. (1) The initial percent required shall be established by tate license award resolution. During the term of any license granted,after advance,written notification to the grantee,the board may,by resolution effective no less than 60 days from its passage, require the payment of a larger or greater percent of the gross annual receipts of any grantee for the remaining term of such license. (a) Prior to any Action inert ing the amount of the license flee, the board shall hold one or more public hearings to allow continent fiFom the public and affected f+ected cable subscribers to provide public testimony regarding the proposed change in the license fee. The public hearing or hearings shall be in addition to the public hearing at which the board proposes to enact the proposed change. (b) Tire license fee may be increased by the board no more than once in any 24-month period. W Any such increase in the license fee shalt uniformly apply to all grantees its the county. (d) The amount of any such increase in the license fee shall not exceed the adjustment in the Consumer Price Index,All Items,All Urban Consumers,for San Francisco-Oakland--San lose (1982-8d=100),prepared by the United States Department of Labor,Bureau of Labor Statistics, measured from the date the license fee was last increased to the date the license,fee is next increased or,in the case of the first such increase,measured from the date of thegrantee"s license award resolution to the date of the first proposed increase. Should this index be revisr4 the revised index siF4111 a : -..: for purposes of making the computation required by this section. Should this fndex be entirely discontinued,the county and the grantee shalt agree upon a replacement index which most closely approximates the index set forth above. In the event the county and the grantee are unable to agree upon such replacement index within ninety (90)days after the original index is discontinued,the county may increase the license fee by an amount not to exceed five percent(5%)in any 1.2-month period. (e) For purposes of illustrati TCI OF CONTRA COSTA CO TEL :5103728264 Mar 03 '93 15 :59 No .026 P .02 k board may increase the license fee from five percent(5%) to six percent(6%),but no more than sir percent(6%),after holding the requisite public hearings and otherwise complying with the requirements of this section. A subsequent increase in the license fee may occur 24 months after the action by the board increasing the license fee from five percent(5%) to six percent(6%). If,within such 24-month period,the index specified above increased ten percent(10%),the license fee may be increased from six percent(690)to six point six pere5ent(6.696)after holding the requisite public hearings and otherwise complying with the requirements of this section. (1) 77se grantee shall be permitted to increase its rates and charges by the amount of any increase in the license fee as of the effective date of such increase or, should the grantee separately itemize the amount of the licettme fee on subscriber statemen4 by increasing the amount of such separate assessment to reflect the increase in the license fee authorised by the board. No such increase in rates or charges or in the amount of any separate assessment of the license fee shalt require the approval of the county. The amount of any such increase in rates or charges or in any separate assessment of the license fee shall be independent of,and in addition to,any other increase in such rates,duuX es or assessments permitted under this dsvision or the grantee's license,including without limitation any ltterease in such rates and charges allowed under Section 58-8408 of this divisions. (g) For prmposes of illustration only,if the board increases the license fee from five percent(5%)to six percent(6%)in accordance with the requirements of this section,the grantee may increase all of its rates and changes,or any one or more of sack rates and charges,by one percent(1%). Where the grantee separately itemizes the license fee on subscriber statements, the assessment may be increased its such amount as is necessary toreflect the increased license fee applicable to the grantee's gross annual receipts,an increase of twenty percent(20%). y T ADDENDUM TO ITEM 2 . 5 ON MAY 4, 1993 Supervisor McPeak introduced the report on the status of the revised cable television ordinance, presented the background on the report, and requested Pat Burke of the County Administrator' s office to give the report . Pat Burke, County Administrator' s Office, presented the three items before the Board, the license fee, the cable rate increases and the consultant fees and she explained the options listed in the recommendation. Supervisor McPeak advised that she and Supervisor Smith recommended that the Board proceed with a modified Option I and she explained the modifications to Option I under each item. S .M. Skaggs, P.O. Box V, Walnut Creek, representing the cable operators, commented on the position and concerns of the operators . Supervisor McPeak moved adoption of the modified report with the direction to go with the modified Option I in each of the three major areas and to direct staff to request that the cable operators purchase the microwave equipment and begin final construction of the interconnect based on the final adoption of the cable ordinance and signing of the interconnect agreement in order to meet the June 30, 1993 FCC license deadline . Supervisor Smith seconded the motion. Supervisor McPeak clarified that the modifications would be that under Option I , license fees, that the increase in license fees would be listed on a regular agenda of the Board of Supervisors and there would be a cap at eight percent, and she commented on the need for clarification as to what the one percent relates to and the eight percent . Supervisor McPeak further clarified that under Option I, cable rate increases, it would be CPI or three percent whichever is less for two consecutive years, and the operators would have the opportunity to request a full hearing should there be a need to because of increased operating costs or inflation; and under Option I , consultant fees, there is a need to establish and clarify the number of days the company would be allowed to cure the problem, that there would be an agreed on list of consultants prepared in advance, and that there would be a shared expense . Mrs . Burke requested of Supervisor McPeak if it was the direction of the Board to return with the final ordinance . Supervisor McPeak concurred. The vote on the motion was unanimous . DATE: 5-q-23 REQUEST. To SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: S r'�I S ��!i S PHONE: 7- P061, ADDRESS: '?0 �� ✓ CrIY: W G I am speaking formyself OR organization: D app o►,S Check one: NAME OF ORGANI7�kTIO%) -- I wish to speak on Agenda Item # a• My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider.