ARTICLE I. COMMUNITY ANTENNA TELEVISION SYSTEMS
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
BOARD OF SUPERVISORS. The Board of Supervisors of the county.
CATV. A community antenna television system, as hereinafter defined.
COMMUNITY ANTENNA TELEVISION SYSTEM. A system of antennas, coaxial cables, wires, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities as herein contemplated. CATV shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as PAY TELEVISION.
COUNTY. The County of San Benito.
FRANCHISE. Any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the county.
GRANTEE. The person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the Board of Supervisors under this chapter, and the lawful successor, transferee or assignee of the person, firm or corporation.
GROSS ANNUAL RECEIPTS. Any and all compensation and other consideration in any form whatever, including installation and line extension charges, and any contributing grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for television or FM radio signals, or service received within the service area. GROSS ANNUAL RECEIPTS shall not include any taxes on services furnished by the grantee imposed directly on any subscriber or user by any city, county, state or other governmental unit and collected by the grantee for the governmental unit.
PERSON. Any person, firm, association, partnership, joint venture, organization, company, business trust or corporation.
PROPERTY OF GRANTEE. All property owned, installed or used by a grantee in the conduct of a CATV business in the county under the authority of a franchise granted pursuant to this chapter.
ROAD COMMISSIONER. The Road Commissioner of the county.
SERVICE AREA. The portion of the unincorporated area of the county in which a grantee has been granted a franchise.
STREET. The surface of the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway, drive, public utility easement or easement or right-of-way held by the county now or hereafter existing as such within the county.
SUBSCRIBER. Any person or entity receiving for any purpose the CATV service of a grantee.
(1966 Code, § 6A-1) (Ord. 312, § 1; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
When and in the event that the grantee of any franchise granted hereunder uses, in his or her CATV system, distribution channels furnished to the grantee by a telephone company whose facilities are constructed, operated and maintained pursuant to its state-granted telephone franchise and the grantee makes no use of the streets independent of the telephone company furnished facilities, the grantee shall be required to comply with all of the provisions of this chapter as a “licensee”. No provision of this chapter shall be deemed or construed as requiring the granting of a franchise hereunder to a telephone company furnishing such a channel service.
(1966 Code, § 6A-2) (Ord. 312, § 2; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) A non-exclusive franchise to construct, operate and maintain a CATV system within the service area may be granted by the Board of Supervisors to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide the system under and pursuant to the terms and provisions of this chapter.
(B) No provisions of this chapter may be deemed or construed as to require granting of a franchise when, in the opinion of the Board of Supervisors, it is in the public interest not to do so or to restrict the number of grantees.
(C) Neither the granting of any non-exclusive franchise hereunder nor any of the provisions contained herein shall be construed to prevent the county from granting any identical, or similar, non- exclusive franchise to any person, firm or corporation within all or any part of the unincorporated area of the county.
(1966 Code, § 6A-3) (Ord. 312, § 3; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
Application for a franchise hereunder shall be in writing, shall be accompanied by an application fee of $150, shall be filed with the Clerk of the Board of Supervisors for transmission to the Board and shall contain the following information:
(A) 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 offices, major stockholders and associates and the names and addresses of parent and subsidiary companies;
(B) A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of the 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 the system;
(C) A description, in detail, of the equipment or facilities proposed to be constructed, installed and maintained and the proposed specific location thereof;
(D) A map specifically showing and delineating the proposed service area or areas within which the applicant proposes to provide CATV services and for which a franchise is requested;
(E) A statement or schedule setting forth the number of channels and all of the television or radio stations proposed to be received, transmitted, conducted, relayed or otherwise conveyed over its system;
(F) A statement or schedule in a form approved by the Board of Supervisors of proposed rates, charges, deposits and installation or connection charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than 150 feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation, as specified in the applicant’s proposal, may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the county, service may be made available on the basis of cost of materials, labor and easements if required by the grantee. The decision of the Board of Supervisors as to what shall be remote or relatively inaccessible under this division shall be final;
(G) A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of the public utility, such as poles, lines or conduits;
(H) A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed CATV operation. If a franchise 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, the franchise shall be deemed void and of no force and effect whatsoever;
(I) A financial statement prepared by a certified public accountant or person otherwise satisfactory to the Board of Supervisors, showing applicant’s financial status and his or her financial ability to complete the construction and installation of the proposed CATV system; and
(J) The Board of Supervisors may at any time demand, and applicant shall provide, such supplementary, additional or other information as the Board may deem reasonably necessary to determine whether the requested franchise should be granted.
(1966 Code, § 6A-4) (Ord. 312, § 4; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
The Board of Supervisors may, in its discretion, in lieu of considering applications for franchises hereunder, advertise for competitive bids for the purchase of a franchise hereunder.
(1966 Code, § 6A-5) (Ord. 312, § 5; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
Upon consideration of an application or bids for a franchise, the Board of Supervisors may refuse to grant the requested franchise or the Board may, by ordinance, grant a franchise for a CATV system to any such applicant or bidder as may appear from such application or bids to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the county. The Board of Supervisors’ decision in the matter shall be final.
(1966 Code, § 6A-6) (Ord. 312, § 6; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
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