4015,T .,�, ,•
�PT7T',T:nNC ' "'r). 4015
AN nRnTT1APJr'F t`r' TNF CITY OF Al`1AHF__'! 0TIM17T�JG
MI T7 T1,� ,jFYCr,T;cTVF PTG1-"T, I'R7TTLFrF AND FRAN-
CI'TOF m'.? 7,AV AN17 U`'F LTNFS, 1'TIRF�73 COAXIAL
CA_r-- J_ yin ^.IPT?�?TF:?ANI CF`' 7nT3 TRANCM-TTTIN(-_T,
RFCTTVTP1C, T)Tc'TRTMTrPT r' AND SUpPLYTTl RADIO,
TFLFV :O TON ANIS CmTzF? CADLF Cni�r11i,TNICATION SFR-
'TICI'':I�r±i1`�, ACR7`'`' ATTT� i1Pnt1 THE PUBLIC c77Fmc
i^TAY", 8L1,FvS, AND PLAC7,S WTTNTT? SAID CITY OF
Ar;ANFTr.rt.
mT I rTrr,Y ,,�r�t'':1r T fir` r?'1'i CTTY n?' ANA11FIN" ')nFF' A"
S1:CTIt:?ii l , F RAID -iSF .
A norexcluslve franchise to construct, onerate
rzr? tai_ntr i n a (""a.h1.e Communicat i ons System on the .J.reets within
?_ or a �znr�(? I f i c no -tion of the City rav be 7,ranter' fey t1 -,o Counc i l
,r any nerson or }."I sl ness er'I;.l.ty VTh, 0 or wh .ch offE'`;i? f't,rn! sh 'and
� '17 7, t; E?'M ri n � r `r C ? l_1 n d P r a n (� p ?.� r : 1� `� n i- r '� +-. ? , E t; ,1'r, S o f
r^rdina?^r�.'
>i1.i.. .
SFC�'T0N 2. RT?LF: 7 nI, CnrISTT�tTC'mTOT1.
In .his crdi nance shall Y)e construed 1-berall.y in order to
�ffectuat;e it --urnoses. :Jnless otherwise snec f1(,al_ly r)Ylescrz.hec'
TY this ordinance, the `'ollow nF provisions sha.1_ _ �-overr: its in-
'1err,retation anr' ronstructi.on:
(a) When not, Inconsistent with the context, words used in the
)resent tense include the future, words in the mural. number include
.110 singular number, and words in the si_nFrul.a.r number include the
urn 1 number.
(b) Time Is of the essence of this ordinance. Grantoe shall
not be relieved of its ot)1.iF~at1on to corrpl_y nromntly with any pro-
r'siern of th? s <r'? ; n.anrr> ?1,� any fai 1_ure of City to enforce prompt
v r, an% :,)f' i nrovis ons.
( ) Any r1 crll-, )r rower conferred, or duty imposed upon any
f f"cep, er. ,r) Vee 3 Ce'T)a.rtrent or board of City is suh,j ect to trans -
"or onorat or. o f' ?_) , t.o an.y other officer, employee, department
r roard of C_1U.y9.
(d) 1rantee shat_ z have no recourse t-,ihatsoever a�rainct Cit,,
rn,, any lrs-, c st, r,xr>onse or dama7e a.ri.sing. out of any provision
r)r ren uirement t' r'-; s ordinance or the enforcement thereof.
(e) This c:-rdi rance does not; relieve Grantee of any require-
-ent of the C It, ,7 Charter ear cef array ordinance, rule, ref-rulati on, or
:3neci fi ca.tion of Cit,I i n{, .udinF, but not limited to, any require-
nent rol.atinz tc st.rPe{; �,rorl , street excavation permits, under -
.r ur,(?int- o' ft t,' f-xr,ili.ties, 3I- n- cable system fa^ilities,
)r the !�sF,, rernnva1_ r)r ro1_ocation of property in streets.
(f) Provisions of this ordinance shall be construed in accord-
ance with Sect -1 --ms 1400 1; r1,11, 02, lt�'??, 1 4014, V105 and 1406 of
;he Charter of the City nahe1.rr.
SEC'_ -"ION �. PiJPFOSF AND INTENT.
It i -s the nurpose and intent of this ordinance to grant
`'ranchise to enFaFe in the business of operating a cable com-
`nunication system in the City of Anaheim particularly described
4_n, Section 6 of this ordinance. It is the further purpose and
'_ntent of this ordinance ghat the Grantee of the franchise granted.
�)v this ordinance provide the citizens of the City of Anaheim the
r,F t p s _ , r _e C'�!'mti� t�, e cornr�uni-cation services consistent
r-
;hthe stat a f art n(rates reasonable to both Grantee and its
y
1i :' S' I' _.L_
l..` e r s.
SEC7_110 "1 . DEFINITIONS.
?rhenever in this ordinance the followl.ng words or phrases
'ire used, they shall mean
(a) "Cit.y" shall mean the City of Anaheim, a municipal cor-
t)oration Tr: the State of Cal i_fornla.
(b) "Counci.l." sh-al"I. mean the City Council of the City.
(c) "Franchise" shall rrean the ri.F;ht and authority Franted
�y this ordinance to 7rantee to construct, maintain and operate a
,able corrmunir,ati.on system through use of the nublic streets, other
:7u1 -)11c ri.Fhts of way or r)ublic places i.n City.
( d ) "rranchise Pronerty" shall mean all property owned, in -
or used under authority of this ordinance by Grantee.
(e) "Ptrantee" shall mean the person or entity to vThom the
'ra.nchi_se is granted b�,this ordinance and any lawful. successor or
,issi Knee of the ori.Fi_nal (3rantee.
f) "Street" shall mear the surface, the air space above the
;urf ice and the area tie surface of any public street, other
>� h� ri3rt wa-y or r t)l -)lace.
(F) "Cai;_le Corrmunication. Fystem" referred to in this ordinance
'IS "Cable Systerr" shall mean the broadcast signal reception, nroces-
;�inF', and s1Fnal 7eneration facilities and the carle di.str:i.bution
,:aster, -is described .n the Spec;fications for construction, opera-
-)n and r,.a int.enance of rhe Cable Communication System for the City
Anaheim.
(h) "�'?�rscri.ber" shall mean any person or entity receiving
''or iny purpose the ^a.r�le service of Grantee.
-2-
"IeceA —ts" shad mean any and all cc-,r-nensa-
n and kothey, c,,)nS-!rIe,.,i4-t -olleceor received or tn ary manner
.I -lo11 tO
rain-{? r 4 e t! p `'non, the oneratlon of its cable servi le
f ¢hin t h e c f tree Citc f A n a h e 1. rr as stick
-ntc
o r n
o r e
its novex!_FIr). Tna,,, estah--l.shed hereafter. TotalroSS
fr oI,_)o'-h
e- e F) sz, �ia r) -1 u(Ir ular T- o� n t h IL
y suI-).sc-I*her fees
i. n �-I a r d -) n, ci' r ; r c. i. Tr service, Ins .1 -11 s c o rin ec., t
_1 _ tallatlon char7es) �
-I n j-,arp-es for of access, 0.1_r -nation
)r rrlivate sP"v-T..e Iian-e` s in either service direct`on.
S f" "'T"N 15. AT) TDLTCATTO11 FOR FRANCHTFE.
-i fY-,anrhise hereunder sh,,-i.11_ he in writinfr,
h <,i, I t inied 'i nonreP,Undable application fee of Five
r) o r) for
F3 '71.1 1 he -piled with the City Manafyer
i., n d e (i o a - s I., I I . !I h, -
r,C,) I I r, 1 fo �, I owing
sl -1 all contain the
lhe nam(- address of the applicant. If the applicant
each nartner shall also
a, 7.artnershlr., t'�e name and address of
e, set f'nrt-J) . f' the
-!cant- is a corporation, the application
J-91 I also suite ' he rames and addresses of Its directors, Train
vers, rn a., r'- r stockhclriers and associates, and the names and
-&Aresses (-!f ,-irent rind -ubslllar
v companies .
A technical roz)osal in response to apnronriate City rules.,
-(u._,,3.tions -�,r(-c,"!(-rqt-d for or the construction operation and
�_JL
i,.,Intenance of the c5flh1p rerl u I remeir c , v,*stem and a statement of compliance to
-)v.s,*ons o" said rules and rerrulation,
Y, v n. 1_<i stingy of any excprtlons,
S t_� t
or 9 P, r r, e s �s. cq r
reru,.at-ion or ParaFraph in the snec
e n -I I e d o -ule)
r(,coyrrieni"�e,i h a r rr ee, r e t o
n detail, t al- I 1P the ,adequacy q.nd fe_-,�sibi] itv
A �Ie r t I on. 3 0
tl�-le constrl�-_t-!Lon P,rran,Fements "or the enuinment or facilities
lnst+.11ed and maintained.
�I A stat -e -meat fir che(lule settlnp- forth the number of
°1_innell_s an(? n'P the television or radio stations and other
,:r ;ervl_ces- :1(-
)rosed -n be received, transmItterl., con -
system.
F, e con-k,�(-,vpd over t
(7? r!A
(e) A st_-agement. rF :,chedule in a form approved by the City
a n a e of rate::, -en(! harrres to so.,bscribers for installa-
n -)oq a Fr r e e m e r
n se r, v c rl! c i y ,f T-)roT. ed service betwee 1
�lf, 1r:- me e d t- ;it Ic T 1-,ers shall accorrrany the anal icnLtIon.
--infr, between the arrli-
t r 71 C t 14' exi3t
r) ro v I I
'ie- .nrr for the use of fas, cllltieof
�-ls T)oles. Imes or con -tilt,
L
() A statement settinj- forth all av-reements and understand -
'n Vis, whether written, oral or implied, existing between the ap-
licant a.nd anv person, firm or cornoration with respect to the
roposed franchise or the proposed cable system operation. If a
'�r:a.nch.se is ^ranted to a person, firm or corporation posing as a
`'ron or as the rer;resentative of another person, firm or corpora -
`A on, and such information is not disclosed in the original appli-
�ation, such franchise shall be deemed void and of no force and
-=f -'ect whatsoever.
(h) A detailed and complete financial statement of the appli-
ant, nrepared by a. certified public accountant, for the fiscal
ear next r)re Fedi nq„ 4 date of the application hereunder, or a
er,t r or ()tht-,r ,accex:�table evidence in writing from a recoFni zed
'.ending institution or funding source, addressed to both the appli-
nt and the 'otzr.^ l , sett i nj7 Forth the basis for a study performed_
d_nr ns'l.tuti on or fundin�r source, and a clear state-
ient of Its intent as a lendinr institution or funding source to
°)ro vide whatever capital shall he required by the applicant to co
r.-
,truct and overate the rronosed system in the City, or a. statement
cernI'ied r>ublic accountant certifying that the applicant
'ias avai_lahle sufficent free, net and uncommitted cash resources
`;o construct a.nd operate the proposed system i_n the City.
(i) A statement i.dentifyi_nF and descr-ibinr any current or
rend i nF* lit i(ra.t ion against the applicant, its parent or subsidiaries
and of any runicipal, state or federal administrative sanctions pro-
)ose(I or i.n force against it , its narent or subsidiaries.
() A statement _dentifyinF by place and date any other cable
°;elevis ion franchise awarded to the applicant, its parent or subsi-
J_ary, the status of said franchise with respect to cornletion
°:hereof, the total cost of completion of such system and the amount
applicant's and its parent's or subsidiary's resources committed
`;o the completion thereof.
(k) A detailed map indicating all areas proposed to be served
and a r)ronosed time schedule for the installation of all equipment
necessary to become operational throup-hout the entire area to be
:3erVed .
(1) The Ccunci.l mai, at any time, demand and applicant shall
)rovi_de such sunplernentar7, additional or other information as the
'ouncil may deem reasonably necessary to determine whether the re-
iuested franchise should he Franted.
El CD 6. 'ATT'RE AND EXTENT OF GRANT.
=,he franchise granted by this ordinance to Grantee con-
j3titutes a.uth0 rity to use the public streets, other nu.blic rivhts
Y. way or public daces 4n ''ity, to env -age in the business of op-
t,ratinr a cable communication system, as defined herein, within
':he service area desr,ribed. in Section 7 of this ordinance subject
=c} all of the terms and conditions contained in this ordinance.
,')ursuant to such authority, until lawfull_.y revoked., Grantee may
,onstruct, maintain and overate wires, cables, poles, conduits,
,1a,nholes or any other e,, uinment which is a means of transmitting
'irnd receivinrr si rnal.s .
IN shall not engaFre in the business of selling at
r-etai.l, leastnfr, renting, repairing or servicing television sets
)r radios nor engage in the sale of harts for such equipment.
When requested, Grantee shall receive and distribute
-ai.Tnals from and to headend of other (third party) communication
.3ervice operators who are authorized by the City to offer such
e�rvices within the City. Signal carriage shall be provided on
,able system access channels by Grantee at uniform rates approved
,)v the Cite. Equipment and installation recuired to brinr- the
" �-n;!._ _s to �rnd from the cable system headend and to condition such
�anal.s for apnl cation to the cable system shall be provided by
•;he (third party) communication service operator.
SECTION 7. "'ERRITORIAL AREA INVOLVED.
This franchise relates to the present territorial limits
7t1 the City and to any area henceforth added thereto during the
;errr of this fr?nchise.
SEC` 100 DURATIO'1 OF "RANT.
(a) The franchise shall become effective on the thirtieth
)th) day after the nassage of this ordinance provided, prior to
;hat date, grantee has filed with the City Clerk: (1) a written
.nst rument addressed. to the Council accer}ting the franchise and
Treeinfr t;a 0MT ' y ',,,,r _t 9.11 r rovisions of this ordinance; (2) a
surety bond, cash deposit ordepositin any federal or State of
'< _i forma. chart er. ed ba.n or savzn s and loan association i_n
�r,E�ordance^r ` r thF >>rovi cions of Section 20 of this ordinance.
('r) ) 71he term of 41 -he franchise shall be fifteen (15) years
�cmmencinf, on * he effective date of the franchise as provided in
Dara7raph (a) of this s( _tion; provided that upon written notice
r ven by nit,y or, srantee to the other not less than one (1) ,year
)ricr to the f_fteentti �lDth) anniversary of the effective date,
,he terms an condj t ons of this ordinance may be subject to re-
`ieiii a ani renef'ot i.at 1_on `is provided in Sections 11100, 11101_, 14011_,
r1 r) 7''ne; anO 1LCi of the City Charter for a succ.,eeding
f _fteer (l-1) year term. _ Renegotiations shall be directed toward
�rfectin alterations n the terms and conditions of the franchise
c:-rder �.o r fl.erct those techni..cal and economic changes which have
-5-
ccurred duri_r,f the linter! period. If r•_..,eF-otiati.on prior to the
-nd of the term of the franchise does not result in agreement be-
-sween City and grantee for continuance of the franchise for a
,ucceedinF fifteen (115) year term, the franchise shall terminate
,:vi.thout further action by City at, the end of its first fifteen (15)
fear term.
(c) In the event of purchase by the Grantor, or a change of
=rantee, the current Grantee shall cooperate with the City, or
with a representative appointed by the Grantor to operate the
.',yster. for a temnorar,y nerl.od i.n maintaininF, continuity of ser
-
iice to all. surscribers .
SECTIO 9. LIMTTATTONO UPON GRANT.
^,o r)ri.vilefre or exemption is p -ranted or conferred by
his ordinance except these specifically prescribed in it.
In franchise F -ranted by this ordinance is subordinate
-..c any ex-istjng public use or any existing franchise or. lawful
.ccupancy or any public hip*hwa,y, street, road or other public
-:roperty for the purpose of erecting, operating and mainta.i.nin
- pipelines and. other necessary
,oles, lines, conduits, cables, has
Fixtures used. in connection with the purpose of existinF, fran-
°hi_ses or any extension of them.
rhe franchise granted by this ordinance is a privil eke
-jersonal to the ori p-inal Grantee. It cannot , in any event, be
sold, transferred, leased, assFned, or disposed of as a whole, or
in D=irt, or otherwise, without nrior consent of City expressed by
>rdinance, and then only under such conditions as may be nre-
scribed in the consenting- ordinance; provided, however, that no
-luch consent shall be required for any transfer in trust, mortFare,
.,r other h,ypothecati.on, as a whole, to secure an indebtedness.
In the event that Grantee is a corporation, prior
annroval of the City Council, expressed by ordinance, shall be
tyeguired it, There ownership or control of more than thirty percent
of the voting stock of Grantee is acquired by a person or.
Troui� of persons acting in concert, none of whom already own or
°ontrol thirtTj nercent ( n) or ?''''ore_ of the voting stock, sinru-
. lY� car collectively. Any such acquisition occurring without
�ri or aonrova cf the Cite "ouncil shall constitute a failure to
:rrrply
with a provision of this ordinance within the meani_nF of.
'ubpara ranh (1) of Par:arranr (b) of Section P, of this ordinance.
SEC`'I0;`! 10. OPERATTON OF SERVICE.
(a) Within thirty (30) days after acceptance of any fran-
�hi_se, the Grantee shall proceed with due di licence to obtain all
necessary permits and authorizations which are required in the
:onduct of its business 1.ncluclinfr, but not limited to, any utility
;Dint use attachment agreements, microwave carrier licenses, and.
any other permits, 1-icenses and. authorizations to be granted by
-iul,y constituted regulatory ap-enci.es having jurisdiction over the
m eration of cable television systems, associated microwave trans-
mission/recent.ion facil_iti_es and/or satellite communi.cat.ons
�Iacilit ies .
- 6-
(b) Within ninety (90) days after obtaining all necessary
)ermits, licenses and authorizations, including right of access to
poles and conduits, Grantee shall commence construction and instal-
lation of the cable television system.
(c) Within one hundred eighty (180) days after the commence-
ment of construction and installation of the system, Grantee shall
.,roceed to render service to subscribers, and the completion of
;he installation and construction shall be pursued wz.th due reason-
able diligence thereafter, so that service to the area covered by
he franchise shall be provided within the period stated in the
`'ranchise granting ordinance.
(d) Failure on the part of the Grantee to commence and di1i-
-rently pursue each of the foregoing requirements and to complete
'ach of the matters set forth herein, shall be grounds for term-
ination of such franchise. By resolution, the Council, in its
?iscretion, may extend the time for the commencement and comp_le-
r.ion of installation and construction for additional periods in
`..he event the Grantee, acting in good faith, experiences delays
.y reason of circumstances beyond his control.
By acceptance of the franchise granted hereunder, Grantee
igrees that failure to comply with any time requirements referred
`-o in Subsections (a), (b) and (c), or as extended by the City
-'ouncil, of this section �,ri_11. result in damage to the City, and.
-hat it is and will be impracticable to determine the actual amount
�f such damage in the event of delay; and. Grantee therefore agrees
.hat, in addition to any other damage suffered. by City, he will
-)ay to the City the sum of One Hundred 'dollars per day
for each and. every day's delay beyond the time prescribed, plus
authorized extensions thereof, for completion of any of the acts
reauired to be done by this section.
SEC'T'ION 11. REGULATION OF RATES AND SERVICES.
The City Council shall have the power and right at all
Ilimes for the duration of the franchise granted by this ordinance
to require Grantee to conform to reasonable rules and regulations
now or hereafter adopted by the City Council, including the power
A.o regulate and establish reasonable rates and charges by Grantee
f'or services rendered under this ordinance.
SECTION 12. MI!11IMT1M CABLE SFRVICF RFQtJIRF]`7NT`' .
(a) As a minimum, the cable television system permitted to
I
e installed and operated hereunder shall:
(1) Be operationally capable of relaying to all sub-
scriber terminals those television and radio broadcast signals for
the carriage of which the xrantee is hereafter authorized by the
Federal Communications Commission if such authorization is required.
-7-
Se 4,nYlstruc,*;ed vri trl the Ca?�aClty for tW0-t1ay, n02i-
c cF1 ret urnor,,muni cat is n . An.y applicant to operate a system
ust nc' uOe <- rit,v=i;;ic,n `'car -immediate imnlementation of the two -
_i ,, �p�hi� �_`;; �,u �. � r,r.� cant sra�_1_ include a descri.z?ti_on of a
e par;: rri �_'er erg u tj1 is cai;a.bi_lity i n the future. The
I
r an4;Le shall r>roDv- -I. return communicat.1on when t' . City_
o�An °' ?L „c c ?``e "I*,"s <-ind. tie same -Is economically feasible.
Have a minimum capacity of thirty-two (32) tele -
i �ic_jn c, annei.s -ind `?ren* y (? ,nn channels to all subscrit)ers
xrIress I prr;'�,idink `:-o all subscribers any required converters,
r 1c ;elect-Irrn w! t -,h (e;;) or other devices required for the sub-
.
cr t-er '-^ re �rY'ie(� t,�ndard channels
i
'l I='.~�ovi rle =�.t . ea:.�t one (1 channel without ch< r e for
se as i)k' 3_v - hannel . As a minimum, the public access
?1-knre? cat -;91"' sha] 1 include a timebase corrected videotare
1 yba tr canal;'.'. t o ?/11" t' cassette or other approved forTat
rovide a rl,iblic information channel for utl l iza-
i yn t - the '-,'-+-.v of a City appointed de_si_Fnee. This channel shall
f •ml':1oy a co'_orizec?-Ilrsh�nu,rler_ic character Fenerator with Incal
isp ay to he +�.� tE>c� at the (11 rection of the City. Said
. y
nf'ormati.on ct:annel sha t:l. I..,,e nro)�.rammed bl%T the City.
`_'pon (III -rection of the Council., provide at least
SPF. f =) -ha.nne s without charrre for local government and P_duCa-
i J.rM _ acC€ ss.
(7) When the ,gable system has .reached ten thousand
1 ":,!''')01) Sllt.;scrlhers , -install and. mintai_n a studio and a headend
hat will ',e c"inat'lle �)f producinF Live or recorded prolT.ramninF to
e cr-)blecast i r� ard.`or black and white for distribution on
e entire calL le system. The grantee shall make available eauin-
r e t and assistance ror the r;roduction of proCramminfr at it s
' .1d.'o at ,easy: rateFs `'car :ise by access channel users. For Public
e channel erg, des cr'_!,ec? in Subsection (t) above, ''ra.ntee
ll }��rov; we 're u,- e of the r)roducti on fac�i li.ties and nrr?ducti_ �n
s SiS, farce fr° ';?I::, f j r `'3 v (1)) minutes of a I r time and for a
°4 r artcr service s commenced. An,y ,�np1 cant
r,x r_tte �:;t,r=r iii aer the nro-j1sions of this ordinance shall
,._.l i - x� __n hoar it Y� ans to provide ar�d make
e r, F,n =k ;>vr fit'1., e an(] cervi cis .
(1' Oper«t== 4-h,F- cat,le system authorized t,•y this ordinance
day > seven
(j') (lays per t,,,` e. P. k .
n{ Ir
i- cffi cc.
in the service
area, which offi..(.,e
� � s r;e
o,Pn
ural''_
*: e usual
t)usiness
hours,
have j. -vocal
.nr..
oIn
r),IIrr:'
'r l `, ,
t hE' r�:
r'eCt,Ori.E?
(�f thePacific
elep!?oriE
�1,a.;
tI �, rI _ Y_ t -
-r r,r a.he Ir,
ex ended
areas,
aric.: be sci o�era-
4
.;
..,
t,,
e
or rE na _ rs
o adjustment
a;
gy
< • rn
Y, r �.
e
a
)
a i,.T e tr
(3) Render efOlcient service, making repairs promptly
and interrupting service only for good cause and for the shortest
ime possible; such interruptions insofar as possible shall be
.receded by notice given to subscribers twenty-four (24) hours
.n advance and shall occur during periods of minimum use of the
:system.
Limit system failures to minimum time duration by
Locating and correcting malfunctions promptly but, in no event,
-onger than twenty-four (?4) hours after occurrence, if reasonably
possible, irrespective of holidays or other nonbusiness hours. No
charge shall be matte to the subscriber for this service.
(5) Fstablish procedures for receiving, acting upon and
ceso_lving subscriber complaints to the satisfaction of. the City
"anager. The Grantee shall furnish a notice of such procedures to
-�aeh siihscr-ber at the time of initial subscription to the system.
(6) 1'laintain a written record, or "log" listing date
-ind time of customer complaints, identifying the subscriber and
,lescribing the nature of the complaints and when and what action
was taken by the Grantee in response thereto; such record shall be
trent at Grantee's local office, reflecting the operations to date
"or a period of at least three (?) years, and shall be available
Por inspection during regular business hours without further notice
�)r demand by the City Manager.
(c) In the event that a customer complaint is not resolved. to
'.;he mutual satisfaction of the customer or the Grantee, either the
customer or the Grantee may .request that the matter be presented
`;o the City Manager for a hearing and resolution.
When there have been similar complaints made or where
,,here exists other evidence which, in the ,judgment of the City
tanager casts doubt on the reliability or quality of cable service,
tree Citv r,r!anager shall have the right and authority to compel. the
frantee to test, analy-.e, and report on the performance of that
.part of the system involved in the problem. Such test or tests
�ihall be made and the reports of such test or tests shall be deliv-
i�red to the City no later than fourteen (14) days after the City
(.)rmaily noti Pies the Fjrantee. Such report shall include the
`'ollo�,ring i_nformat.on: the nature of the complaint which nrecipi-
:ated the special tests; what system component was tested; the
y<axzj.nment user and procedures employedin said testing; the results
)f such tests; and the method in which such complaints were re-
3olved. Any other information pertinent to the special test shall
,i] - so be recorded.
The City's right under this provision shall be limited to
requiring tests, analyses, and reports covering specific subjects
,ind characteristics based on said complaints or other evidence when
'in(l under succi circumstances as the City has reasonable grounds to
�)elieve that the complaints or other evidence require that tests
r,)e performed to protect the public against substandard cable ser-
"ri ^-e.
a'a
i + e ?�, i r� nn sVStet' rer tied t0 be installed
n° r,+ wy�+r"'I-: r Ear+:=,.zn'iFr �1_, f; enc-a7e in the business of:
orlr nal cabler.ast pro rammin not
eccei vE'd t ufrei evi sic-jn broad^ast sifna1s;
; ansr"i t,t inF television oictures, film and video -
a .,e r��ro€rrams nc - recei veci through broadcast television signals,
,htfFyr or r:otpncorjed or nrocessed to permit reception by only
ei e�zted recti --vers, or suhscribers;
r"I- mitt nf- and rec ei vi_n� all other si mals :
i i -al, voice and °,video.
"'he `ter armee steal i nrovi de one (1) subscriber connection
i r hof as des rnated by the Council, when the system
ass,,s or * n f'i_ve hundred (5 r`) feet of the lot line or boundary
`' ).i� �,`,7 rid n cli.? ti eq,
anO community collefTes within the
t C' B-AIJi3_rif-s owned and controlled by the Cit�`7 used
`o? ,;I .1-1c r,rrrnoses and not for residential use ( fire and police
t 7ttI on S 1.nc1. U-3 e,9 ) .
rv; c Is wit hin five hundred(500) feet of the
of line or b ;unciar y of the Anaheim Convention Center, Civic
erzt!yr, St<�.dianc such r>,�bl is utilities facilities as ciesi—
at.e�X r� -, #'7 f;,7 °RaraE er, the ""ra.ntee shall l nrovide moth cine (1)
-uy s�,r��her icor nc?!,tic)r -ani? an �rifrination connection canabi 1 ity at
a:� d fa i l a ty . aic c,r r,i nat ion canabili4 ,y shall be limited to:
-nsta a`;ic:n cel a television modulator or ec„uiva-
E r t iE tri c r� . _e c + ; * i ? , n - standard audio and video '”- aseband
e nieces: ary :a.ble di str. ibution system upstream or
`,rt tr s.ns;m ss4ord �ar,,' r- _ty•
�e ,,e1ce nary -17stem headend equipment required to
h,,
it t ,i. ite 'on v e n t I o r enter, Vivi- Venter, Stadium and such public
t i_ tales '... i es i` esi natec? by the City r�ana rer, programming
V
;r, r; �,F'' 1 `-nr,,� If'1TCA L PERFORriANCE STANDARDS .
sySt.eTr he desi fined, installed, maintained
n i Stec; i.n a.ccortiance h 1;es, t CATV industry practice and, as
it _rrurr.1 shC-41.= CInn` orm i.�,_i th the technical performance standards
opt<ned !:ereir • Tracted; tion,, should the Federal Communications
oricml_ss'-cn or other ::tate or Federal. authority ha.vin, juris-
t~o P (7.4 TV syst egg techni.^a.1 nerforma.nce standards either
E 3'. `�E� j :rl' � _�r F � �' ��,� +vechni c �l r;erformance standards contained
ere r r { u_' i nrr aVii' r ger i evel of CATV system nerforrn:rince,
r, ,sr_ s a n'ar(I �.re Ik(-_,rehV i nco.rnorated herein by reference.
', '(7;» any r't'assGn, the referenced FCC or other technical
t<ntIards sha � I hecorre reduced i.n the reFrlonal scone or service
en-, standards herein shall remain in effect.
- i. () -
(a) performance of the CATV system as measured at any sub-
'criber terminal with matched 75 ohm termination shall be as
°follows :
(1) `the frequer_cy boundaries of cable television
hannels delivered to subscriber terminals shall conform to those
Set forth in FCC 73.00?(a) or subsequent FCC standard.
(?) If no frequency converter is supplied to the sub-
-=ibex, the visual carrier frequency shall be maintained 1..25
'Hz+?5 kHz above the lower frequency boundary of the cable televi-
;ion channel. rf a frequency converter is supplied to the sub-
.3criber by the cable television system, the following; requirement
half_ be apnlIed at the interface between the converter and the
uhscri_ber' s f err3_nal equipment : when the visual carrier at the
ur:p;xt of the converter has been tuned to a frequency 1.25T"Tlz above
,-he l ower f'renuencv boundary of a cable television channel with the
cnverter staff 1 1. zed. at an ambient temperature between 201r and
gin('. ?SSC, the frequency r )f' the visual carrier shall not vary more
han ±250 kH � for a period of at least three (3) hours, Ourinr which
period the ambient temperature may vary +5°C about the initial
ambient temperature.
(?l `the aural center frequency of the aural. carrier
,,hal- be 11.5 MHz ± 1 kHz above the frequency of the visual carrier.
(1-) mhe visual signal level across a 75 ohm terminating,
impedance as viewed from subscriber terminals shall not be less
.han 1500 microvolts (+3.5 dBrV) at each subscribers outlet.
(5) The visual signal, level on each channel shall be
aintained within:
(i) 3 decibels of the visual signal level of
any visual carrier. within 6 MHz nor^i_nal
frequency separation, and
12 decibels of the visual signal level on
any other channel, and
A maximum level such that siF.nal level de-
gradation due to overload in the sub-
scriber's receiver does not occur, and
(iv) 12 decibels over any twenty four (21') period.
(F) The rms voltage of the aural signal shall be main-
;ained between 13 and I.7 decibels below the associated visual
si anal level.
(7) The peak -to -peak variation in visual signal level
!.aused by undesired low frequency disturbances (hum or repetitive
transients) generated within the system, or by inadequate low
`wrequenc.y resp_ onse.$ shall not exceed five percent (5 5) of the
v_zsual signal level.
-11-
(3) "he a.mrlitude characteristic shall be within a
range of +2 decibels from 0.75 MHz to 5.0 n,Tixz above the lower
r,,ound.ary frequency of the cable television channel, referenced to
'.he averave of the highest and lowest amplitudes within these fre-
,"juency boundaries.
(9) The ratio of visual signal level to system noise
.hall be not less than 42 decibels.
(10) The ratio of visual signal level to any undesired
:yo -channel television si_7nal operating on proper offset assignment
shall be not less than ?F decibels.
(11) The ratio of visual signal level to the rms ampli_-
ude of any coherent disturbances such as intermodulation products
r d.i._screte-frenuency interfering signals not operating on proper
ffsPt assignments shall not be less than 46 decibels.
(12) The terminal isolation provided each subscriber
:hall be not less than 19 decibels but, in any event, shall be
sufficient to prevent reflections caused by open -circuited or short-
,!ircuite(9 subscriber terminals from producing visible picture im-
)airments at any other subscriber terminal.
(1?) As an exception to the general provision requiring
Treasurements to be made at subscriber terminals, and without regard
-:o the class of cable television channel involved, radiation from a
,able television shall_ be measured in accordance with procedures
utl_i.ned in FCC regulations, and shall be limited as follows:
~�requencies
n to and including c1l MF -
Radiation Limit
(microvolts/meter)
15
Jeer 524 up to and. including 216 MHz
-Iver 216 MIT z
20
15
'distance
(feet)
100
10
100
(14) The CATV system shall be rated for continuous twenty -
}'our (7-14) hour ner day onerati on.
(15) The FM signal level across a 75 ohm terminating im-
.-edance as viewed from subscribers' terminals shall be not less than
00 microvolts (-20 dBmV) nor greater than the highest permitted
•hannel C, aural si7nal level.
(1F,) The FM signal level on each channel shall be main-
';ained within:
(i) 3 decibels of the FM signal level of any FTI
ifrnal on an adjacent (?00 kHz spacing) channel, and
(ii) 6 decibels of the FM signal level of any other
='M si anal carried on the system.
-12-
(11) The CATV system shall, as a minimum, be operational
_n full compliance with the applicable specifications contained
herein, over the radio frequency spectrum from 50 to 300 MHz inclu-
sive. Further, the system shall be desivned. such that thirty-two
�'32) channel one -ration is possible from the outset utilizing the
;0 to 300 MHz spectrum.
(19) .The CATV system shall, as a minimum, be capable of
operating in full compliance with the applicable specifications
herein, a return signal capacity in all portions of the system,
ever the frequency range of 5 to 30 MHz inclusive.
(19" The Grantee shall, at all times during the term of
'ranch -1 -se, properly install and maintain adequate shaeldinp*, filter-
nF and vroundinF at affected installations within the CA71T system
`:o e1 ininate system interference from local radio/television broad -
stations, commercial, government and aeronautical radio stations
,end/or From fundamental frequency overload by radio amateur or citi-
,�en's radio service transmissions which are in compliance with
Federal. Communications Commission regulations.
(b) Nonhroadcast signals carried on the CATV system shall
meet the following baseband requirements. The RF modulated signals
associated with these baseband signals shall meet all requirements
of Subsection (a) above.
(1) Overall baseband system video frequency response
shall be ±2 decibels over a DC to 4.2 MHz bandwidth.
(2) Baseband video tilt shall not exceed two percent (27o)
-s measured at the vertical or horizontal rate.
(3) Overall baseband system video signal-to-noise ratio
shall be not less than 142 decibels over a DC to 111.2 MHz bandwidth.
(4) Video synchronizing wave form shall comply with the
~ollowinF applicable standard (latest edition or its equiva.lent):
(i) 2:1 Interlace monochrome - ETA RS -330.
(ii) Full Interlace monochrome - FIA RS -170.
(iii) Color - FCC 73.690 Figure 6.
(5) Where applicable, minimum television camera (Live
°4nd film) performance shall. be:
(i) Resolution (luminance) - 350 line center
(vertical); 600 line center, 1400 line
corners (horizontal).
(ii) Scan linearity - two percent (21,) maximum.
error (horizontal and vertical).
(iii) Registration (color only) - two tenths per-
cent (0.2%) in centered circle of 0.8 picture
height; four tenths percent (0.4%) overall.
( iv+-ilt - two percent (2°') maximum (hori-
zontal rate).
-13-
(6) Overall audio system frequency response shall be + 3
decibels over the frequency range 50 to 10,000 Hz.
(7) Overall audio system signal-to-noise ratio shall be
not; less than 50 decibels over the frequency range 50 to 10,000 Hz.
(`?) Overall audio system harmonic distortion shall not
exceed two percent (2r,") at any frequency from 50 to 10,000 Hz.
(c) Any local origination studio provided by the Grantee shall.
neet the following minimum requirements:
(1)
600 square feet
(net)
space minimum.
(2)
12 -foot ceiling
height
minimum.
(3) 3?00 degree K tungsten halogen professional TV
Troduction lighting system (200 foot candles minimum capability).
(11 ) Acoustical noise level under normal studio operating;
conditions not to exceed INC 25.
(5) Minimum complement of production equipment to in-
elude the following; or approved equivalent:
Two (2) studio cameras.
At least two (2) color video tape recorders with
insert/assemble editor and capstan servo.
At least one (1) digital video time base corrector
for use with the color video tape recorders during
both editing and on -cable playback.
Video production switching capability with special
effects.
Video picture and waveform monitoring equipment.
Audio mixing and monitoring capability.
(d) On the last re'vular working day of each of the first three
�3) operating quarters of each year, the Grantee shall submit to the
'it,y 'tanager system performance data taken within the previous seven
(7) days. Measurements for said data shall be taken at the same
test points selected to satisfy Subsection (e) below during the last
annual system performance test that data has been submitted to the
''ity. Quarterly test data shall be limited to:
(1) Visual sip -nal level for all channels carried.
(2) Visual signal-to-noise measurements on one active
owband and. one active hI.ghband VIIF channel.
(?) Visual hum modulation on one channel or pilot carrier.
-14-
uarterly tests shall be performed on a scheduled basis. A repre-
3enta.tive of the ('it,,, shall be permitted to accompany the Grantee
:luring quarterly measurement activities. The Grantee shall not be
nermitted to make any system adjustments during quarterly rreasure-
Txent activities w .thout noting such adjustments on the test data.
;orm.
(e) The Grantee shall, during the last month of the fourth
Operating quarter of each year, perform annual CATV system perform-
ance tests.
(1) Such tests shall be in full compliance with FCC
re7ulations .
(2) �-uch tests shall he independently witnessed and the
.esultant data analyzed by a. representative of the City if directed
y the !pity ^"anafrer.
( ) All necessary test instrumentation shall be supplied
ry the Grantee. A current certificate of calibration by an inde-
r,endent calibration laboratory shall be supplied for each test in-
E-trument. All costs for instrumentation and calibration shall be
l orne by the Grantee.
(4) Measurement locations for system compliance with
c,_zhsection (a) above, except those requirements regarding twenty -
."our (24) hour visual signal amplitude and channel amplitude char-
^teristics, shall include:
(i) End of each system major trunk, and
(ii) End of each system trunk branch four (11 )
or more trunk amplifiers deep.
`�tuai test locations shall be selected to measure performance of.
4:he system in the franchise area and shall be (or as closely as
rossible si-mulate) actual subscriber locations.
(5) Measurements regarding twenty-four (24) hour visual
signal level and channel amplitude characteristic shall be made as
renuired by the FCC.
( 6 ) "Measurement for system compliance with Subsection
(b), above shall. be made where practical on all origination equip-
ront employed in the system.
(7) measurement techniques shall be either (i) those
sufrgested by the FCC or (ii) those mutually developed by the Grantee
and the City and agreed to in writing prior to system testing. If
a;reement cannot be reached, the City shall prescribe acceptable
methods of measurement.
-15-
F) Concurrent with annual performance tests, the City
representative shall inspect all system headend facilities and
outside plant for adherence to best industry installation, workman -
shin and safety practice.
(f) The Grantee shall maintain the system so it consistently
operates within the substantial compliance of the technical stand-
=ards herein; substantial compliance being defined as ninety-five
L.ercent ( 950' ) of the channels received shall meet all applicable
'technical standards simultaneously at the time of measurement.
SECTIMN 111. SPECIAL PROVISIONS.
(a) System Maps and Layout. The Grantee shall have at all
times up-to-date route maps of suitable scale showing all trans
-
raitti_ng and receiving pickup locations and the location of all
mpl�_fiers and trunk and distribution lines. Lines to individual
home and business outlets within the public right of way shall be
shown. Mans shall he annotated so that a failure or malfunction in
the transmission lines and assorted equipment can be evaluated in
terms of service area receiving less than full service. The scale
of the maps shall be sufficient to clearly show details to include
horizontal and vertical dimensions and in no event less than 1
=.nch = 100 feet. Grantee shall provide City current copies of said
maps. At the beginning of construction and every six (6) months
rafter, Grantee shall indicate to the City its plans for installa-
tion and engineering durinr- the next six (6) months.
(b) System Construction and Equipment Standards. The system
shall be installed and maintained in accordance with standard good
engineering practices and shall conform when applicable with the
,ational Electrical Safety Code; Rules for Overhead Line Construc-
4:ion (general Order No. 05) of the California Public Utilities
('ommission; Rules for �'nderground Construction of Lines (General
Order 11o. 12.9); the California Administrative Code, mitle 24, Part
the City of Anaheim 'Municipal Code; Federal Communications
''ommission Rules and Regulations Parts 151 73, 74, 76 and new parts
as they may apply and ANQT standard Y32.2.1 (latest edition).
(c) Preferential or Discriminatory Practices Prohibited. The
Grantee shall not, as to rates, charges, service, services, facili-
4,ies, rules, regulations, or in any other respect, make or grant
any undue preference or advantage to any person, nor subject any
Gerson to any prejudice or disadvantage.
(d) Remedies for Inadequate Service.
(1) In the event that its service to any subscriber is
'.nterrupted for twenty-four (24) consecutive hours, except for acts
of God, and except in circumstances for which prior approval of the
Interruption is obtained from the City Manager, Grantee shall pro -
,ride a ten percent (101,) rebate of the monthly fees to affected
Subscribers.
-16-
(?` In the event that its service to any subscriber is
nterruPted for `'orty-eight (�'' �) or more consecutive hours, except
or acts of Tod, and except in circumstances for which the Prior
Pnroval of the interruption is obtained from the City n-lanqFer,
grantee shall_ 0rovide a twenty Percent (200"') rebate of the monthly
`ees to affected subscribers.
(�) Tn the event that the system fails to meet any per-
'orma.nce standards for a full three (9) month period, Grantee shall
,educe all subscribers' fees by tti�,renty-five percent ( 251.) until all
erformance standards are met. 'he City "Tanager shall notify the
ran., durinrr the first month of the three (3) month Period that
hc, Fvstem ha-) `'a ler to meet performance standards.
( t4 poor faii_ure to commence construction in accordance
Section l0 of this ordinance, unless the Council apnroves the
elay because of reasons beyond the control of the franchisee, the
'`ran(,hise term shall be reduced four ()1) days for each day of delay.
(} For failure to befrin service to subscribers or com-
lete construction and installation of the system as orovided for
'n Section 10 of this ordinance, unless the Council approves the
e? ay because of reasons beyond. the control of the .franchisee, the
-'ran:hi_se term shall he reduced four (4) days for each day of the
�elay.
SECTIOiy 15. LOCATION OF PROPERTY OF GRANTEE.
'he Grantee shall make such arrangements to install the
�at)le system with the nvrner of the Property or easement where such
able system is to be located as may be appropriate. Grantee shall
"urnl_sh City evidence of such arrangements.
All street work will require an excavation permit. Any
io:+es wires, cable lines, conduits or other nroperties of the
rantee to be constructed or installed in streets, alleys or other
i:rht;s of way sha1.l 1 -le so constructed or installed only at such
c^a.tions and. in such, manner as shall be approved bythe City acf-
r_Arr -:n the exercise cr`' its reasonable discretion.
"I, he 0rantee rust. Post a cash bond with the City in an
r, ount to be determined bythe City Engineer during and until com-
:letion satisfactory to t;he "ity of said work and restoration of
,treet and alley's r, Cr x,roner Barr. icadinp, sinin�~ and tempor-
1 r)avinr :� `' reca,z i_ red .
"'he grantee shal_1 not install or erect any facilities or
wX aI"atus fire r on other nublic nropert,y, places, or rights -of -bray,
�r within thin zny r;r-;_vat.e1,�Y-ovrned area within the City which I not yet
, u{; is desi_(.rnated or delineated. as a proposed
p u b ' st:.rc.
l;r l s4,r -e`; ;t ren; `� r°t �.ti�,rc� subdivision alar} approved by the City,
�e °t hose installed or erected upon public utility faei.1,11 nnw
�X _si:.? n ' _` ro:�¢ car;` ern _r�rr i�F?:rior p.{ri_tten approval of the Publ_c
1
k>> f �er I e s i f-,nat;ed staf`'.
In those areas and portions of the City where the trans-
-1 or dis lbution facilities of eit the public utility
rrovlding telephone service or those of the utility providing
electric service are underground or hereafter may be placed under-
rround, then the Grantee shall likewise construct, operate and
Ms all of Its transmission and distribution facilities or
cther means of transmitting signals underground. For the purposes
c,F this subsection, "underground" shall include a partial under-
F round system, e.g. streamlining. The City shall not in any manner
to responsible for any costs incurred by the Grantee in placing
g'rantee's facilities underground.
the entire distribution system of the Grantee, including
poles, posts, wires, cables, appurtenances and facilities, shall
1e located or relocated and so erected as not to interfere with
*ravel. over, in, on or under any public way and with reasonable
nFress and egress to abutting property.
SEC-IOIJ if . ?iEMOVAL OR ABANDONMENT OF FRANCHISE
PROPERTY.
In the event that (1) the use of any franchise property
*s discontinued for any reason for a continuous period of twelve
(12) months, (2) franchise property has been installed in any
::street or other dedicated public right of way without complying
i..rith the requirements of this ordinance, or the franchise has been
terminated, cancelled or has expired, Grantee, at its expense,
shall at the demand of the City remove promptly from the street
all Franchise property other than any which the Public Works
executive Director may permit to be abandoned in place. In the
event of any such removal, Grantee shall promptly restore to a con-
cition satisfactory to the Public Works Executive Director the
.treet or other dedicated public right of way or other public
T�laces in City from which the franchise property has been removed.
Franchise property to be abandoned in place shall be
abandoned in the mannerprescribed by the Public Works Executive
":irector. Upon permanent abandonment of anyfranchise property in
r,lace, Grantee shall submit to the City Manager an instrument, sat-
isfactory in form to the City Attorney, transferring to City the
ownership of the franchise property abandoned.
SECTION 17. CHANGES REQUIRED BY PUBLIC IMPROVEMENTS.
Grantee shall, at its expense, protect, support, tempor-
,3rily disconnect, relocate in the same street, alley, or public
,-,lace,
or remove from any street, alley or public place, any fr.an-
*hiseproperty when required by the Public Works Executive Director
y reason of traffic condit;ons, public safety, street vacation,
Freeway and street construction, change or establishment of. street
Trade, installation of sewers, drains, and tracks or any other
yne of structures or improvements including, but not limited to,
-Illacinp- such structures and improvements underground by governmental
.gencies when acting in a governmental or proprietary capacity, or
any other structures or public improvements; provided, however,
`-hat Grantee shall in all such cases have the privileges and. be sub
-
`ect to the obligations to abandon franchise property in place, as
:provided in Section 16.
-19-
1,1 n T rri'r) r+Tjj1,� 1��^? �, ,1
T j �'_l� -L T %-
.' t," comm£.nce?, pursue or c<9Tin1et,�
n,; w , �, r :� r� �� 1 r the r,rovislons of this ordin .nce to
E: LAY, °,r� € <, , _ t!: n thc. time ,)re scribed and to t1le sat-
,' 4-- , 1 ' 4-x ''l �; :=°1c)rYs F xE.' :ut3.ve rJ_Lrector, th Pire� for may
h rk tc, ti,e done and +-he grant Eye shall ajv
G; n trlE` teml. Zed amour s repo 'tea I: y
✓ ✓ '.s l.. J 7 .-
�:w1 tj} , n `,'-i r' ,� r �n l Nays after r c pt o f
,r 7r,inte�� �-r� .nt.ed a `"ranchise under this ordinance
< ,t {f �'i�.-,-, ; 1.-zr .nc� the life of such franchise asum
h
of the annual total P*ross recez_r?ts and
n a.( ct-,t ion -)uc;1 ether sums as may be provided for else—
:.he-`rE ?_!� this �r{-1_' n� rncc� T f, during any Y art of the franchise
er�m, there ; :; ".n e''fec�t ;a `'ederal or state 1-i.mit re Matin the
n, -h + E? *:'f?r� r;Es ro "F?r1 t <iF"e' tri lesser amount , such a itat ion
.r,- 1.t1x >n1`Y' ff�T, thia-t time period such limit i s le:ral.ly
3 Fr ancr.isF f'eF rament by the Grantee to the City
o� r<4t r as ,
h`; L it matte ar,n,_iat y del _very of the same to the City Finance
Ire °tor. rewired hereunder shall. be E_n lieu
f a'it�r?;c nf' ;r'r'F,6', r,cctl"iaton tax or similar levy.
he �r,anter- s? a _i :j. fi.1..e with the City Aud3_tor within ninety
�) days ;a.fte-r the exr irate on of the Grantee's fiscal year or nor-
.f�n thereat' urinr�ha_{'_ suc? franchl-se 3_s 1_n force, a, balance
he,e`; and statement 1 f rrr,O_�_t and loss certified to h,y a. certified
ubl c ar�c�=r;�r` ant,Y, n ,:therwl se satisfactory to the City
�., ,: rer.=,�_
nes a.4 t the gross subscriber receipts , +.s defined
ere _n, t.y f Crantfi,e tzr;.r1 the preceding fiscal year or x onion
her„, 'T hail ^e t hey deity of the Grantee to nay to the City.,
it;h•Y. f ft�'r'I �.'> gays=+,t.er tre time for filing such statements,
Mere I nahove r -r ed or any unpaid balance thereof for the
1`4
c i1_ year} , ,4 f,n *;lereof covered by such statements.
” rjc t > >r to 'I F ,jve the riF.ht to inspect and audit the
§ran+,ee's �J s a1 rec rta T�' <�ny independent audit of the Grantee's
,e-(), ds CIA _JL rec4:er? ; ' fee error in excess
• r y �_ h�� ','��,� sho��rs a franch�_se
f trc� •� r>rr,ri an tr�F� ;?+ favor, the grantee shall assurrie
kPasnr.a- :� �1 ,f,st. 1t. lNo acceptance of any payment
ti ti,
e c�.�r���r �e � re sea.,e or as an accord and satisf. ction of
a. �� .
,.zre r'ti�r r'urther. additional suns nayable un -
;e 1- h 5 Sr`C, ' ,'gin c)r {' ,;r .fin -,e,-,,f--.Y-mance of any other obli6`''ation
ere�znder.
-19-
Any neglect, omission or refusal of the Grantee to file
'a.d. verified statement, or to nay said percentage in full, at the
41—e or in the manner hereinbefore provided, which neglect, omis-
ion or refusal shall_ continue for more than fifteen (15) days
o�lowin notice thereof' to trie grantee from the City shall be
rounds for the termination of this franchise as provided for in
ecti.on 2� hereof.
SEC" --'101q' 20. FAITI FI1L PFRFORMANCE 9OND.
«rantee shall, upon the award of this franchise, file
n: maintain in r'l�ll_ force and effect an acceptable co.rnorate
arety fond in the amount of ``'wenty-Five Thousand Dollars
cone_ t Tonal that in the event Grantee shall fail
o comp .y rrit,�} any ,'.)ne or more of the provisions of this ordinance,
..hen there shall be recoverable Jointly and severally from the
rincioal and surety of such pond any damages suffered by 'itv as
re 1. therc'f', irir_l Edi n�� the full amount of any compensation,
nder-ni fi cation, or cost of removal or abandonment of property as
r-:,scr _bed by this ordinance ?.ti�hich may be i n default, un to the
uyl amount o'" tic' !gond, the Condition to be a continuinf7 ob1_iga-
i,n for the c'uration of the franchise frranted by this ordinance
nc' thereafter inti_ Grantee has liquidated all of its obli_crations
it:h City that. ma; have arisen from the acceptance of the franchise
v 'T -antee or from its exerci:,�e of any privilege herein granted.
r l i.eu of said '' nnc�, �r antee may deposit cash with the City of
n!heim or in a federal or State of California bank or savings and
oan association In the name of the City of Anaheim, but with in -
erect reserved to the "rantee, on terms and conditions approved
,y the City , * torne,y .
'either the ^rovisi_ons of this section, and any bond.
scented by the -"itv pursuant thereto nor any damages recovered
y ^:Lty thereunder, nor any withdrawal from any cash deposit shall
e construed to excuse faithful performance by Grantee or to limit
he liabl_1-ty of Grantee under this ordinance or for damages,
i ;her to the full amount of the bond or otherwise.
SFC':'ION 21. ",TAPTLTTY AND TNDEMNTFICATION.
:the Grantee shall oay all damages and penalties which
he "it,y may lef;ally be required to pay as a result of Passage of
his ordinance. These damages or Penalties shall include damages
:.rising out of the -installation, development, operation, maintenance
r expansion ref the cable system authorized herein, whether or not
i
=4.nY act or omssion complained of is authorized, allowed, or pro-
bited by this ordinance.
The Grantee shall pay all expenses incurred by the City
'r defending - -se,l f ,,if regard to all damages and penalties men-
.i_l)ned above. he expenses shall include all out-of-pocket expenses,
such as attorney fees, and shall also include the reasonable value
;f ar.y services rendered �y the City Attorney or his assistants or
-,y any employc,es of the C'i_ty or by any attorney retained by the City
I o— its defense.
-20-
The Grantee shall maintain and nay for comprehensive
uro and Feneral liability insurance insurinv the City and the
1r--in4C_.ee with re7ard to damaFres char fed afrainst the City and/or the
rantee result.ingr from the development, installation, operation,
aintenance or expansion of the cable system authorized b,y this
,r finance in 4,he amount of Five ".Billion Dollar. s ( ,000,000.00
CJnh i_ned slnrle limp t, r er occurrence. Said insurance should con -
a. 3.n a v e r -a Fre f�)r :
(l blanket contractural liability
exnlosinn
i n e r F, r o u nrl }'1a7,-.ir('!S
(►l .ollax-:se
"'he Grantee shall, concurrently with the filing; of an
ccer)tance of award of anv franchise Frranted under this chapter,
'Ile with the "'ity '`Ierk either a copy of such policy or a cer. ti-
''icage of insurance evidenci_nr the same in a, form satisfactory
cJ the "itv tornev. `7uch nolicv of insurance, and any certifi-
a :e evic'encin�T the same, shall r.ontain a contractural liabilit�r
n iorsement sxje-Clficall.y extending the policy to cover the Ila-
. -ill Y assume' } ,y Grantee under this subsection, and shall also
cntain a Provision that such policy may not be cancelled except
fl;er t -k rty (3,gys' notice in writing~ to be Fri_ven to the City
I e r
Sill' C17IO147 2)12.
_ ILTNrz A!"M INcPFCTION OF PROPERTY AND
T',ECORDS .
.41; a:' reas)onarle times Grantee shall permit examination
v any duly authorised representative of the City rianager, Public
.ork:; r' xecuti,,le ireet«r cr the - ity Auditor of all. franchise prox}-
x'`.y, toF ethe � th an�T-._rt-)u.rtenant nronerty of xrantee situated
h'r?: }r PATI rout t��F� :' _t ' . Grantee shall also permit any duly
ped y'er rf.sentati v(-- c;f tl--,e City Manager, Public Worl—, Executive
F�-. t �r T_;•r z F- '1 t.v r tm
o examine an( -',-transcribe any and all
a, s an -A :}t}ieG t or rpaintained by Grantee or under its
OTi `rn'.. '7�r ` � F' " r �t C;}ns , .f fai_rS , transact ions of prou-
r'`. T <:in f s c} ;ma.pti or records are not I-ent in
_% :� n� ,i I eque-0 trade available i_n the.. (lit ,
.. , E' � 7' t V
Y "ye 1n zr E r, rig c T�'1rI.s I,xecutive ')irector or the
:s� , ?itc,t r :;hall ?tc�r-Y1nc' ghaa.
t n exarr,ination o_f suchmaps or
e or Is re ol, anrron)riate to the performance of :any of
? i � ,IUtI!( -:en all travel and maintenance expense n-,-,,sr--I.
e i r Ml rk"_.a- > ch �::xam:i_nat.:�on shall be Paid by .;r. antee.
-21-
The Grantee shall prepare and furnish to the Public
',forks executive ')irector and the City Auditor at the times and in
:he Form approved by either of said officers, such reports with
°espect to its operations, affairs, transactions or property, as
{gay he reasonably necessary or appropriate to the performance of
°ny of the rights, functions or duties of the City or any of its
officers in connection with the franchise. Such reports shall
'nclude a. daily log of service requests, customer complaints, cus-
orner sur.Festions and the Grantee's response thereto, including the
'.ype, manner and time of response.
The Grantee shall at all times maintain at its local
office for pudic inspection a file containing copies of all
}.-ports required by Federal Communications (FCC) Rules and
'eulations, Part 76, Subpart H (general Operating Requirements)
's the same now exist or may hereafter be changed or amended.
The Grantee shall submit copies of all reports required
t.y Federal Communications Commission (FCC) Rules and Regulations
Tart 763, Subpart 1 (Forms and ReDorts ) as the same now exist or
ray hereafter by changed or amended including, but not limited to,
FCC Form 325, FCC Form 326, FCC Form 326-A and FCC Form 3Q5. Said
(ocumentation must he submitted to the City Manacrer concurrent with
submittal to the FCC, unless said requirement is waived from time
o time by the City '4Ianager.
The Grantee shall Five formal notice to the City that it
�as filed a signal registration statement or subsequently required
equivalent re�i_stration or application with the Federal Communica-
tions Commission (FCC). Within ten (10) calendar days after filing
such a statement with the FCC, the Grantee shall file two (?)
_-)p1es of its statement with the City Manap-er unless said require-
ent is waived from time to time b-,,r the City Manager.
SECTIOry 23. TERMINATION.
(a) The City may terminate any franchise granted pursuant to
t`ae provisions of this ordinance in the event of the willful fail -
«re, refusal or neglect by Grantee to do or comply with any mater-
i.a,l reauirement or limitation contained in this ordinance, or any
material rule or regulation of the Council or City Manager validly
,7�s-Ionted pursuant to this ordinance.
(b) The City iv'lanager may make written demand that the
Grantee do, or comply with, any such requirement, limitation, term,
condition, rule or regulation. If the failure, refusal or neFlect
c�" the Grantee continues for a period of thirty (30) days following
s'Jch written demand, the City MlanaFer may place his request for
termination of the franchise upon the Council meeting agenda.. 7he
('ity Manager shall cause to be served upon such Grantee, at least
ren (10) d.ays prior to the date of such Council. meetin€�- a written
Notice of his _intent to request such termination, and the time and
i;:�ace of the meeting.
-22-
(c) The Council shall consider the request of the City
"anap-er and shall hear any persons interested therein, and shall
tetermine whether or not any failure, refusal or neglect by the
=rantee was Y.,:ith just cause.
(d) If such failure, refusal or neglect by the Grantee was
with just cause, the Council shall direct the Grantee to comply
ti,rith__n such time and manner and upon such terms and conditions as
<re reasonable.
(e) If the Council shall determine such failure, refusal or
eFlect by the Grantee was without just cause, then the Council may
i -ass its resolution declarinFr that the franchise of such Grantee
'3hali be terminated and forfeited unless there be compliance by
`;he Cra.ntee w3 thin such ;period as the Council may fix.
(f) The termination and forfeiture of any franchise shall in
o waTJ affect any of the rights of the City under the franchise or
" y uroviston of law.
W In the event of any holding over after the expiration or
ether termination of any franchise granted hereunder, without the
prior consent of the City, expressed by resolution, the Grantee
shall pay to the City reasonable compensation and damages, of not
_ess than one hundred 'percent, (100°') of its total gross revenue
:'ur_in.r said period.
(h) Any and all minimum standards governing the operation of.
'grantee and any and all maximum rates, ratios, and charges speci-
{'ied herein or in any franchise issued hereunder., existing now and
-1t any time in the future, and any and all rifhts , powers, privi-
e-es, and authorities of the City to determine, establish, or fix
any of the same, are each and all hereby declared by the City and
ky any grantee accepting any franchise hereunder to be contractual
n nature and to be for the benefit of the City and. all subscribers
ituated therein.
SECTION 24. MISDEMEANORS.
(a) It shall be unlawful for any person, firm or corporation
i:o make any unauthorized connection, whether physically, electri-
°ally, acoustically, inductively or otherwise, with any part of a
Franchised cable system within the City, for the purpose of taking
or receiving television signals, radio signals, pictures, programs
r sound.
(b) It shall be unlawful for any person, firm or corporation
?,o make any unauthorized connection, whether physically, electri-
r,ally, acoustically, inductively or otherwise, with any part of
=3 Franchised cable system within the City, for the purpose of en-
r,bli.n�r himself or others to receive any television signals, radio
C°:finals, pictures, programs or sound, without payment to the owner
of said system.
-23-
(c) It shall be unlawful for any person, without the consent
of the owner, to willfully tamper with, remove or injure any cable
wires or equipment used for distribution of television signals,
radio signals, pictures, programs or sound.
(d) It shall be a misdemeanor punishable by a fine of not to
Exceed Five Hundred ?dollars ($500.00), or by imprisonment for not
`.o exceed six (6) months, or both, for any person to violate any of
.he provisions of this section.
SECTION 2.5. ACQUISITION.
In the event the City wishes to acquire part or all of
'.he cable system either by purchase or through the exercise of the
71i�rht of eminent domain, City and Grantee will each appoint one
-�onraiser to establish the value of the en1uipment to be acquired by
ity. The two appraisers will select, a third appraiser who will be
chairman of the appraisal board. The board will, by majority vote,
c:etermine the value of the system to be acquired by City. This
-clue will be final and binding on both City and Grantee and will
ie used as the purchase price of ,just compensation in an eminent
c�ornain nroceeding between City and Grantee.
SECTION 26.
FILINGS AND COMMUNICATION WITH
REGULATORY AGENCIES.
In addition to the filing requirements of Section 22,
conies of all netitions, applications, reports and communications
c•f all types submitted by Grantee to the Federal Communications
ommission, Securities and Exchange Commission, California Public
"tilities Commission, or any other Federal or. State regulatory com-
,:Ission or agency having jurisdiction over any matter affecting op-
eration of Grantee's cable system shall be submitted simultaneously
tD the City by delivery to the City Clerk who shall advise interested
ity departments of such filing. A. copy of each document filed with
the City "lerk in accordance with this section shall be delivered to
the City Attorney.
SECTIO^1 27. NEW DEVELOPMENTS-),
It shall be the policy of the City liberally to amend
this franchise, upon application of the Grantee, when necessary to
enable the Grantee to take advantage of any developments in the
field of transmission of communication signals which will afford it
-:n opportunity more effectively, efficiently, or economically to
,terve its customer; nrov-ided, however, that this section shall not
�-e construed to require the City to make any amendment or to pro-
1,ihit it from unilaterally changing its policy stated herein.
—24—
Grantee agrees to incorporate, as a part of the cable
>ystem installed, historically proven advances in equipment and
:-ervices provided to the citizens of Anaheim at the first reason-
hle opportunity, and in any event not later than the times when
Euch advances are installed in other cable systems operated by
;rantee. Stich equipment and service shall include, but not be
united to, two-way access available to all. subscribers, equip -
to facilitate such two-way services at both headend and
,�urscriber terminals, availability of national or international
-transmission via communications satellites, application of fiber
optic technology and other such advances. Such equipment and
.7ervices shall be incorporated in the Anaheim cable System wi.th-
�ut regard to the company, corporation or other agency involved
n its development.
SEC"'IO"N' 2 OT14FR COSTS.
mhe Grantee shall assume the following costs associated
with granting a franchise and verifying acceptable initial CATV
:system performance:
(a) Costs of publication of this franchise as such publi-
°ation is required by law.
(b) Costs associated with the City employing an independent
onsultant to assist with development of the franchise ordinance
and request for proposal, evaluate proposals received and assist
.he City in any negotiations required to grant a franchise.
(c) Costs of an independent engineering firm to witness the
'esiFn, installation and initial proof of Performance testing of
,-he system as a verification of the Grantee's adherence to the
-ermc> and conditions of the franchise. If said proof of perform-
grce tests show that the cable television system is significantly
,�eLovvr the performance standards outlined in Grantee's proposal and
filsewhere In this franchise, the City shall Pi_ve notice thereof to
grantee and Grantee shall have thirty (�O) days to correct said
:efficiency. If Grantee fails to correct said deficiency within
his time, the City ray request mutually agreed upon independent
nineers to demonstrate, at Grantee's cost, the appropriate cor-
--ecton to the Grantee. Grantee shall then have sixty (60) days
r other ani raved reasonable time required, to correct deficiency.
`f deficiency still_ has not been corrected, the City shall have the
,;tion to terminate this franchise subject to the City's rights,
Yiequirements, and restrictions regarding the termination of this
'ranchi_se stated elsewhere i,rithin.
SECTION 29. SEVFRABILTTY.
If any section, subsection, sentence, clause, phrase or
7)ortion of this ordinance is, for any reason, held invalid or un-
onstitutional by any court of competent jurisdiction, such portion
:;hall be deemed a separate, distinct and independent provision and
4.uch holding shall not affect the validity of the remaining Portions
e r e o f .
-25-
SECTIO71 30 .
71he City Clerk shall certify to the passage of this
Ordinance and shall cause the sane to be printed once within
`'fifteen (15) clays after its adoption in the Anaheim. Bulletin, a
newsnaner of Feneral circulation, printed, published and circu-
ated in said vitt', and thirty (30) days from and after its final
cassap-e, it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and adopted by the
City '"'ouncil of the City of Anaheim this 5th day of June, 1979.
?`, ST:
`� my CLERK OF "'HE CITY OF ANAHEIM
AL, JR:fm
-26-
STATE OF CALIFORTNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing Ordinance No. 4015 was introduced at a regular meeting of
the City Council of the City of Anaheim, held on the 29th day of May, 1979,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 5th day of June, 1979, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND 1. FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4015 on the 5th day of June, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Anaheim this 5th day of June, 1979.
C--� �' X&s2e���
CITY ERK OF THE CI Y OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original Ordinance No. 4015 and was published once in
the Anaheim Bulletin on the 15th day of June, 1979.
r-
5PW M