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Except as otherwise expressly provided by this chapter, any judicial proceeding, whether for the recovery of damages or otherwise, brought for the purpose of adjudicating the validity of any provision of this chapter or amendments thereof or any provision of the other franchise documents shall be commenced not later than thirty (30) calendar days following the latter of:
A. The effective date of the provisions; or
B. The accrual of the cause of action.
Any such judicial proceeding brought for the purpose of adjudicating the validity of any rule, order, regulation, determination or arbitration award which purports to have been made pursuant to the provisions of this chapter or of any of the other franchise documents shall be commenced not later than thirty (30) calendar days following the date of adoption, issuance or making of such rule, order, regulation, determination or arbitration award or, as to the franchisee, not later than thirty (30) calendar days following the giving and serving of notice of said adoption, issuance or making of such rule, regulation, determination or arbitration award pursuant to the provisions of Section 5.28.080 of this chapter. No judicial proceeding shall be commenced in violation of the limitations prescribed by this section.
The provisions of this section shall not be applicable to any judicial proceeding, whether for the recovery of damages or otherwise, commenced by the cable television commission, county or cities for breach or enforcement of the provisions of this chapter or any regulation, determination or arbitration award purporting to have been issued thereunder. (Prior code § 20.01.048)
Should the state of California or any agency thereof, the United States or any federal agency, or any state or federal court require either the cable television commission, county, cities or a franchisee to act in a manner which is inconsistent with any provisions of the franchise documents, the board of directors of the cable television commission shall be authorized to determine whether a material provision of the franchise documents is affected in relation to the rights and benefits conferred by the franchise documents upon the commission, county, cities or the public. Upon such determination, the franchise documents shall be subject to modification or amendment to such extent as may be reasonably necessary to carry out the full intent and purposes thereof in relation to the rights and benefits of the commission, county, cities or the public and in relation to such state, federal or judicial requirement. The board of directors of the cable television commission may terminate a franchise issued pursuant to the provisions of this chapter if it determines after consultation with the franchisee that substantial and material compliance with the franchise documents in relation to the rights or benefits of the commission, county, cities or the public has been frustrated by such a state, federal or judicial requirement. (Prior code § 20.01.050)
It is unlawful for any person to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a cable television system for which a franchise has been issued pursuant to the provisions of this chapter for the purpose of taking or receiving or enabling himself or herself or others to receive or use any television signals, radio signals, picture, program or sound, without payment to the owner of said system.
It is unlawful for any person, without the consent of the owner, to willfully tamper with, remove, injure or vandalize any part of such a cable television system including any cables, wires, or equipment used for distribution of television signals, radio signals, pictures, programs or sound. (Prior code § 20.01.052)
The provisions of Section 1.04.050 of this code shall not be applicable to the provisions of this chapter. (Prior code § 20.01.054)
Notwithstanding any provision in this chapter to the contrary, if any of the municipalities of Folsom, Isleton or Galt fail to enact the provisions of this chapter on or before December 9, 1981, the geographical territory within the limits of any such municipality shall be deemed to be excluded from any franchise area and service area established by or under this chapter, there shall be no opportunity to offer Galt as a proposed service area as otherwise authorized by Section 5.28.920 of this chapter should Galt fail to enact this chapter by December 9, 1981, and any and all other provisions of this chapter which impose or confer a right, privilege, duty or limitation upon any such municipality per se or as included within the definition of "cities" shall be deemed to be ineffective and null and void. (Prior code § 20.01.056)
Pursuant to the provisions of Title 1, Division 7, Chapter 5 of the Government Code, (commencing with Section 6500), there shall be established a separate and distinct public agency to be known as the Sacramento metropolitan cable television commission (herein referred to as the "cable television commission" or "commission"). (Prior code § 20.02.100)
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