SEC. 12-100. DEFINITIONS:
For the purposes of this Part, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
1. Gross Operating Revenues shall mean all cash, credits, property of any kind or nature, or other consideration received directly by a franchisee, its affiliates, subsidiaries, parent and any person in which franchisee has a financial interest, or from any source whatsoever, arising from or attributable to the sale or exchange of CATV services by franchisee within the City or in any way derived from the operation of its system, including, but not limited to, basic service, monthly fees, optional service or pay cable fees, installation and reconnection fees, leased channel fees, converter rentals or sales, studio rental production equipment and production personnel fees, advertising revenues and the sale, exchange or cablecast of any programming developed on or for community service channels or institutional users. Said gross operating revenues shall not include:
(a) the amount of any refunds, credits, or their payments made to subscribers or users;
(b) any taxes on services furnished by the grantee imposed directly or indirectly on any subscriber or user by any municipal corporation, political subdivision, state or other governmental unit; and collected by the grantee for the governmental unit;
(c) the sale or transfer of tangible property;
(d) the sale or transfer of the franchise; and
(e) the issuance, sale, or transfer of corporation stocks, bonds, or other securities. These gross operating revenues shall not be reduced for any other purposes other than provided herein, and shall be the basis for computing the fee imposed pursuant to Section 12-123.
2. "City" is the City of Stockton, a municipal corporation of the State of California in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
3. "Council" is the City Council of the City of Stockton.
4. "Cable television system," hereinafter referred to as "CATV system," "cable television" or "system," means a system of antennae, coaxial cables, wave guides or other electric conductors, and equipment or facilities designed, constructed or used for the purpose of providing television, radio signals or other services by cable to subscribers for a fee.
5. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind.
6. "Grantee" is any person to whom a franchise is granted by the Council pursuant to this Part and pursuant to the Charter of the City, and the lawful successor, transferee or assignee of said person.
7. Basic Cable Service means subscriber service provided by a grantee, including but not limited to the delivery of audio and/or video broadcast signals, and community service channels and local origination channels, and may also include one or more satellite services at grantee's option, covered by the minimal monthly charge paid by all subscribers for a particular service grouping including additional outlets for FM and TV, excluding all other optional services for which a separate charge is made, or as otherwise specifically provided in a franchise agreement.
(Added by Ordinance 3545-C.S. — Effective April 15, 1982)
SEC. 12-101. GRANT OF NONEXCLUSIVE AUTHORITY:
1. Any franchise granted pursuant to this Part shall authorize and permit the grantee to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, in the City, poles, wires, cables, underground conduits, manholes, and fixtures necessary for the maintenance and operation in the City of a cable television system for the interception, origination, sale and distribution of television and radio signals, and for providing other services by cable.
2. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, public ways and places, to any person at any time during the period of any franchise granted pursuant to this Part.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-102. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES:
A. The grantee shall, at all times during the life of any franchise, be subject to all lawful exercise of the police power by the City and to such reasonable regulation as the City shall hereafter provide.
B. FCC Deregulation: In the event that the Federal Communications Commission elects to deregulate any area of cable communication over which it currently exercises jurisdiction, and grant authority to municipalities to regulate in these areas, any franchise issued pursuant to this Part shall be automatically amended, without any additional act by any part to it, to reflect these new municipal regulatory powers, and the City may, if it so elects, adopt rules and regulations in these areas.
(Added by Ordinance 3545-C.S. — Effective April 15, 1982)
SEC. 12-103. TERRITORIAL AREA INVOLVED:
Unless the ordinance granting a franchise limits the area for which it is granted, the franchise relates to the existing territorial limits of the City and to any area annexed thereto during the term of the franchise.
(Added by Ordinance 3545-C.S. — Effective April 15, 1982)
SEC. 12-104. LIABILITY AND INDEMNIFICATION:
1. The grantee shall pay and by its acceptance of a franchise the grantee specifically agrees that it will pay all damages and penalties which the City may legally be required to pay as a result of granting the franchise. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements and all other damages arising out of the installation, operation, or maintenance of the CATV system, whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise.
2. The grantee shall pay and by its acceptance of this franchise specifically agrees that it will pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in Subsection 1 above. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any services rendered by the City Attorney or his assistants or any employees of the City.
3. The grantee shall maintain, and by its acceptance of a franchise specifically agrees that it will maintain throughout the term of the franchise a general comprehensive liability insurance policy in protection of the City, its officers, boards, commissions, agents and employees, in a company approved by the City Attorney and in a form satisfactory to the City Attorney, protecting the City and all persons against liability for loss or damage for personal injury, death or property damage, occasioned by the operations of grantee under this franchise, in the amounts of:
(a) One hundred thousand dollars ($100,000) for bodily injury or death to any one person, within the limit, however, of three hundred thousand dollars ($300,000) for bodily injury or death resulting from any one accident, and
(b) one hundred thousand ($100,000) for property damage resulting from any one accident.
4. The insurance policy mentioned in Paragraph 3 of this Section shall contain an endorsement stating that the policy is extended to cover the liability assumed by the grantee under the terms of the franchise, and shall contain an endorsement as follows: It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after receipt by the City Clerk of the City of Stockton, City Hall, Stockton, California, by registered mail, of a written notice of such cancellation or reduction in coverage.
5. The grantee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain throughout the term of the franchise a faithful performance bond running to the City, with at least two (2) good and sufficient sureties approved by City, in the penal sum of twenty thousand dollars ($20,000) conditioned that the grantee shall well and truly observe, fulfill, and perform each term and condition of the franchise and that in case of any breach of condition of the bond, the amount thereof shall be forfeited to the City as liquidated damages. The bond shall provide that thirty (30) days prior written notice of cancellation, intention not to renew or material change, shall be given to the City by registered mail.
6. The form of the bond obtained by the grantee in compliance with this Section must be approved by the City Attorney. Said bond and a certificate of insurance evidencing the insurance policy mentioned in Paragraph 3 of this Section, and written evidence of required premiums, shall be filed and maintained with the City Clerk during the term of the franchise.
7. Neither the provisions of this ordinance, nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise. The Council may at any time waive or reduce the amount of the bond provided for by this Section.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-105. PERMITS, INSTALLATION, AND SERVICES:
1. Upon acceptance of a franchise, the grantee shall immediately initiate action to obtain all permits, licenses, easements, variances, and any other authorizations which are required or necessary in the conduct of its business and in the performance of its obligations under the franchise, including but not limited to any utility joint use attachment agreement, microwave carrier licenses, any authorizations required to import distant signals, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having or asserting jurisdiction over the operation of the CATV system, any associated microwave transmission facilities, or any other associated facility, and grantee shall proceed with due diligence until all such matters are obtained. Grantee shall not solicit any subscriptions to its system until all the requirements of this Paragraph have been complied with.
2. Grantee shall promptly apply to the Federal Communications Commission for a certificate of compliance with its regulations, and shall diligently pursue the obtaining of such certificate.
3. Within one (1) year after FCC certification grantee shall render initial service to subscribers from a permanently installed CATV system. Within two (2) years after FCC certification the installation of CATV system shall be completed and the system shall be capable of providing service to any residence in the franchise area. Upon annexation of any area containing existing residences to the territorial limits of the City, grantee shall, upon written notification by the City, install at its sole expense a CATV system capable of serving any such residence in the annexed area within two (2) years of said notification, provided, however, grantee shall not be required to construct said CATV system at its expense in said areas where the density is less than twenty-five (25) residences per cable mile.
(Subsection 3. Added by Ordinance 3545-C.S. — Effective April 15, 1982)
4. Failure to do any of the foregoing within the time specified except as provided in Paragraph 5 of this Section shall be grounds for termination of the franchise.
5. The Council, in its discretion, may by resolution excuse grantee from performing, or extend the time for grantee to commence to perform, any act required by this franchise due to any of the following circumstances if reasonably beyond its control: necessary utility changes or rearrangements, governmental or regulatory restrictions or requirements, litigation (except litigation between grantee and the City, its officers or employees), labor strikes, lock outs, war (declared or undeclared), national emergency, fire, earthquake, the elements and acts of God, or upon a showing by grantee that the performance of such act is not economically feasible.
(Ordinance 3157-C.S. — Effective Mar. 1, 1979)
SEC. 12-106.
(Repealed by Ordinance 2287-C.S. — Effective Sept. 14, 1972)
SEC. 12-107. CHANNEL CARRIAGE:
A. The grantee shall deliver to subscribers the signals of at least two (2) television broadcasting stations assigned to the San Francisco major television market, at such time as the Federal Communications Commission rules permit.
B. The FM radio spectrum shall be provided on the CATV system.
C. The grantee's cable distribution system shall be capable of at least twenty (20) television channels.
D. The grantee shall maintain at least one (1) specially designated, noncommercial public access channel available on a first-come, nondiscriminatory basis. The grantee shall maintain and have available for public use at least the minimal equipment and facilities necessary for the production of programming for such a channel. Such minimal equipment and facilities shall include:
1. A two (2) camera permanent studio, available at all reasonable times; and
2. A portable production unit with two (2) color cameras, portable production switcher, monitors, video cassette recorders and lighting.
Minimal programming shall include:
1. The organization and administration of a weekly noncommercial community program of a suitable length (15 to 30 minutes is recommended);
2. The broadcast of such program twice a week in a prime time period;
3. The subsidy of such program over grantee's facilities with a significant number of announcements (a minimum of 10 per week);
4. The employment and assignment of a qualified staff member to the programming project on at least a half-time basis (20 hours per week); and
5. The content and goal of such program shall be community information and unification.
(Added by Ordinance 3545-C.S. — Effective April 15, 1982)
SEC. 12-108. OPERATIONAL STANDARDS:
The CATV system shall be installed and maintained in accordance with the highest and best accepted standards of the CATV industry to the effect that subscribers shall receive the highest quality service technically possible. In determining the satisfactory extent of such standards, the following among others shall be considered as minimum requirements:
A. The CATV system shall be installed using all band equipment capable of passing the entire VHF television and FM broadcast spectrum (i.e., no less than 50 to 220 MHz, including the so-called "midband" region), and further, it shall have the capability of converting the UHF television broadcasting range to channels between 50 and 220 MHz for distribution to subscribers or in the event that a multicable system is utilized and FM stations are converted singularly, then in addition to the minimum required television channel capability, there will be a minimum of eight (8) FM channels supplied. The stations shall be those designated by the City Manager so long as there is adequate input signal with a reasonable antenna system in the Stockton area.
B. Signals shall be transmitted from the antenna origination point to all subscriber tap-off points, regardless of location on the distribution portion of the system without the introduction of any noticeable degradation of color fidelity, picture intelligence or audio distortion. Color phase shift introduced by system components between the off-the-air receiving antennas and the customer tap-off point shall not exceed three and one-half (3.5) degrees under any circumstances, on a cumulative basis.
C. The system and all equipment in the system shall be rated for continuous twenty-four (24) hour per day operation.
D. The system shall provide a signal level of not less than 1,600 microvolts, as measured across 72 ohms at the subscriber's television receiver, on the highest channel (by frequency) carried by the system and not less than 1,090 microvolts on the lowest channel (by frequency) carried on the system to all television receivers connected to the system. The signal levels shall maintain a minimum tolerance of + or - 3 db for ninety-five percent (95%) of the time. The system shall provide a minimum signal of not less than 200 microvolts on the lowest intensity usable FM channel (as measured at the customer service drop termination point) delivered, and a maximum signal intensity of not more than 6 db greater level than the lowest intensity FM channel delivered by the cable (i.e., all FM channels carried by the system shall be flat to within 6 db from the lowest and highest FM channels carried, and the lowest of these shall be not lower than 200 microvolts (across 72 ohms).
E. The system design and operation shall exhibit an unmodulated carrier plus noise to noise ratio of not less than 40 decibels as measured at the extremities of all trunk and customer distribution lines covering the franchise area.
F. Hum modulation of the picture (video) carrier shall not exceed five percent (5%) at any point in the system.
G. All active components in the system shall have a VSWR not to exceed 1.5 to 1; all passive devices in the system shall have input, output and return losses of not less than 20 db as measured across the entire utilized bandwidth.
H. The system shall maintain a minimum video carrier to aural carrier ratio of 15 db and a maximum video carrier to aural carrier ratio of 18 db for all television channels. This video carrier to aural carrier relationship shall be established in such a manner that the color subcarrier if present to video carrier relationship shall not be degraded below its as-received off-the-air ratio by more than .25 db.
I. Carriage of so-called local channels shall be accomplished in such a way that these channels, as delivered to the system subscribers, if delivered on channel, shall be at least 40 db stronger as measured at the customer receiver tuner input terminals than any stray direct pick up from these channels. If this is not possible, channel conversion of these stations shall be made to utilize other regular VHF channels, mid-band or octave channels for the delivery of these stations to the customer's receiver.
J. The system shall be designed in such a way that twenty (20) channel operation is possible at the outset, utilizing either mid-band frequencies, octave frequency groupings or multicable systems. If so-called mid-band frequencies for cable carriage of one or more channels are utilized, it shall be demonstrated that such carriage is possible in the franchise area without introduction into the cable transmission lines of direct pick up from radio services operating in the mid-band region, which would tend to interfere with the carriage of one or more proposed television channels in this frequency range.
If the octave-frequency grouping or multicable method of providing spectrum space for additional channels (more than the 12 regular VHF channels) is utilized, it shall be demonstrated to the satisfaction of the City Manager that such equipment is operational and available for delivery.
K. The system shall provide that coherent interference or distortion, including intermodulation and "cross-talk" (in the event that a multicable system is utilized) be suppressed to a minimum of 50 decibels below the desired visual signal level, as measured at the 72-ohm terminal of any subscriber's television receiver.
L. The system design and operation shall provide that the signal to "cross-modulation distortion" ratio be not less than 41 decibels as measured at the 72-ohm terminal of any subscriber's television receiver.
M. The cable system shall be designed and maintained in such a way as to exhibit a summation flatness of + or - one and one-half (1.5) decibels sixty-five percent (65%) of the time and + or - two and one-half (2.5) decibels maximum as measured from the point of signal origination to the extremities of each main line and subscriber distribution line (not service drop), across the entire bandwidth of 50-220 MHz or in the event that additional frequency is utilized, then the total of the 50-220 MHz band plus the additional utilized bandwidth.
N. The terminal isolation between any two (2) or any combination of subscribers as measured across 72 ohms at each subscriber's television receiver and across the entire utilized bandwidth shall not be less than 25 decibels.
O. Two-way cable communications capability shall not, except for noncompensable experimental purposes, be activated or utilized for any non-public entity, corporation, or person without the express approval of the City by resolution of the Council. Said approval may be conditioned but shall not be unreasonably withheld.
(Subsection O. Added by Ordinance 3545-C.S. — Effective April 15, 1982) (Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-109. FREE SERVICE:
The grantee shall provide service drops, without charge for installation or for service, for CATV service for such public and private non-profit school classrooms, City buildings, and non-residence buildings of other public agencies as the Council may designate, provided that such locations are accessible to transmission cable maintained for service of paying subscribers. If a service drop exceeds one hundred fifty feet (150'), grantee may make an installation charge for the excess footage on the basis of time and materials, provided, however, that the grantee shall be entitled to be compensated for any internal wiring in the amount of its out-of-pocket costs of labor and materials.
(Added by Ordinance 2287-C.S. — Effective Sept. 14, 1972)
SEC. 12-110. EMERGENCY USE OF FACILITIES:
In the case of any emergency or disaster, the grantee shall, upon request of the City Civil Defense Director, make available its facilities to the City for emergency use during the emergency or disaster period.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-111. OTHER BUSINESS ACTIVITIES:
1. A grantee shall not engage in the business of selling, repairing, or installing television receivers within the City of Stockton during the term of its franchise.
2. A franchise granted pursuant to this Part authorized only the operation of a CATV system as provided for herein, and does not take the place of any other franchise, license, or permit which might be required by law of the grantee.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-111.1. DISCLOSURE OF VIEWER INFORMATION:
The grantee is prohibited from providing information concerning the viewing patterns of identifiable individual subscribers to any person, group or organization for any purpose.
(Added by Ordinance 2287-C.S. — Effective Sept. 14, 1972)
SEC. 12-112. SAFETY REQUIREMENTS:
1. The grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failure and accidents which are likely to cause damage, injuries, or nuisances to the public.
2. The grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of Chapter 15, Stockton Municipal Code and all other Codes incorporated therein by reference, and in such manner that they will not interfere with any installations of the City or of a public utility serving the City.
3. All structures and all lines, equipment, and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the City, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair.
4. The grantee shall maintain a force of one or more resident agents or employees at all times and shall have sufficient employees to provide safe, adequate, and prompt service for its facilities. (Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-113. NEW DEVELOPMENTS:
A. It shall be the policy of the City liberally to amend any franchise, upon application of the grantee, when necessary to enable the grantee to take advantage of any developments in the field of transmission of television and radio signals which will afford it an opportunity more effectively, efficiently, or economically to serve its customers. This Section shall not be construed to require the City to make any amendment or to prohibit it from unilaterally changing its policy stated herein.
B. Recognizing the fluid and expanding state of the development of communications technology and uses, and the need for people to have access to information and be tied into a widespread communications system, it is the policy of the City to strongly encourage experimentation and innovation in the development of cable communication system or systems franchised hereunder. To that end, it is the requirement of the City that each franchisee shall constantly upgrade its facilities, equipment and service so that its system is as advanced as the current state of technology and sound business and economic practices will allow. It is the intent of this Section that whenever it is reasonably and economically feasible, the cable system shall be no less advanced than any other system of comparable size excepting only systems which are experimental, pilot or demonstrative.
(Added by Ordinance 3545-C.S. — Effective April 15, 1982)
SEC. 12-114. CONDITIONS ON STREET OCCUPANCY:
1. All transmission and distribution structures, lines, and equipment erected by the grantee within the City 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 and reasonable convenience of property owners who join any of the said streets, alleys, or other public ways and places.
2. In the case of disturbance of any street, sidewalk, alley, public way, or paved area, the grantee shall, at its own cost and expense and in a manner approved by the Director of Public Works replace and restore such street, sidewalk, alley, public way, or paved area in as good a condition as before the work involving such disturbance was done.
3. If at any time during the period of a franchise the City shall lawfully elect to alter or change the grade of any street, sidewalk, alley, or other public way, the grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.
4. Any poles or other fixtures placed in any public way by the grantee shall be placed in such manner as not to interfere with the usual travel on such way.
5. The grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. For the purposes of Chapter 13, Part IV, Division 3 of the Stockton Municipal Code, regulating the moving of buildings, the grantee shall be considered to be a utility. The grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes.
6. The grantee shall have the authority, with the permission of the Director of Parks and Recreation, to trim trees upon and overhanging streets, alleys, sidewalks, and public ways and places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the grantee.
7. In all sections of the City where the cables, wires, or other like facilities of public utilities are placed underground, the grantee shall upon written request by the City Director of Public Works, place its cables, wires or other like facilities underground to the maximum extent that existing technology reasonably permits the grantee to do so. The City shall not in any manner be responsible for any costs incurred by the grantee in placing its property underground.
8. Upon failure of the grantee to commence, pursue, or complete any work required by law, including the provisions of this Part, to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Director of Public Works, the Director of Public Works may, at his option, cause such work to be done and the grantee shall pay to the City the cost thereof in the itemized amounts reported by the Director of Public Works to the grantee within thirty (30) days after receipt of such itemized report.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-115. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED:
The grantee shall not, as to rates, charges, service facilities, rules, regulations, or in any other respect, make or grant any undue preference or advantage to any person, except as provided in Section 12-109, nor subject any person to any prejudice or disadvantage; provided, however, that nothing herein shall prevent the grantee from establishing special rates and charges for special categories of customers such as hotels, motels, apartment houses, TV dealers and others, except that said rates and charges shall be fair, reasonable and non-discriminatory within each such category. Grantee shall comply in all respects with the provisions of the California Fair Employment Practices Act (Labor Code Sec. 1410 et seq) and all nondiscrimination and fair employment practices requirements of Federal, State or local statutes, ordinances, rules, regulations or orders. Grantee shall also adopt and implement an affirmative action program for the employment of minority persons.
(Added by Ordinance 2287-C.S. — Effective Sept. 14, 1972)
SEC. 12-116. REMOVAL OF FACILITIES UPON REQUEST:
Upon termination of service to any subscriber, the grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-117. TRANSFER OF FRANCHISE:
The grantee shall not transfer, assign, lease or otherwise alienate this franchise to another person without prior consent of the City by Ordinance. Such consent shall not be unreasonably withheld. The City, however, reserves the right to impose additional conditions or new terms upon its approval of the transfer, assignment or lease of this franchise.
(Added by Ordinance 3545-C.S. — Effective April I5, 1982)
SEC. 12-118. TRANSACTIONS AFFECTING OWNERSHIP OF FACILITIES:
1. In order that the City may exercise its option to take over the facilities and property of the CATV system upon expiration or forfeiture of the rights and privileges of the grantee, the grantee shall not make, execute, or enter into any deed, deed of trust, mortgage, conditional sales contract, or any loan, lease, pledge, sale, gift or similar agreement concerning any of the facilities and property, real or personal, of the CATV business without prior approval of the City Council upon its determination that the transaction proposed by the grantee will not be inimical to the rights of the City under the franchise; provided, however, that nothing herein shall prevent the stockholders of grantee from pledging their shares in grantee as collateral for a loan from a bank or other financial institution the proceeds of which are to be applied toward the construction and/or operation of grantee's CATV system in the City. This Section shall not apply to the disposition of worn out or obsolete facilities or personal property in the normal course of carrying on the CATV business.
2. Except as provided for in Subsection 1 of this Section, the grantee shall at all times be the full and complete owner of all facilities and property, real and personal, of the CATV business.
(Amended by Ordinance 2287-C.S. — Effective Sept. 14, 1972)
SEC. 12-119. CHANGE OF CONTROL OF GRANTEE:
Prior approval of the City Council shall be required where ownership or control of more than thirty percent (30%) of the right of control of grantee is acquired by a person or group of persons acting in concert, none of whom already own or control thirty percent (30%) or more of such right of control, singularly or collectively. By its acceptance of the franchise the grantee agrees that any such acquisition occurring without prior approval of the City Council shall constitute a violation of the franchise by the grantee.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-120. FILINGS AND COMMUNICATIONS WITH REGULATORY AGENCIES:
Copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to the franchise, shall also be submitted simultaneously to the City Clerk.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-121. CITY RIGHTS IN FRANCHISE:
1. The right is hereby reserved to the City or the City Council to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted.
2. At all reasonable times, the grantee shall permit any duly authorized representatives of the City to examine all property of the grantee, including any appurtenant property of the grantee situated within or without the City, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions, or property of the grantee in relation to its franchise. If any maps or records are not kept in the City, and upon reasonable request the same are not made available in the City, and if the Council 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.
3. The City shall have the right, during the life of any franchise, to install and maintain free of charge upon the poles of the grantee any wire and pole fixtures necessary for police and fire alarm systems, on the condition that such wire and pole fixtures do not interfere with the CATV operations of the grantee. The City shall assume all liability for damages for personal injuries caused or occasioned by the construction and maintenance of said police and fire alarm systems.
4. The City shall have the right to supervise all construction or installation work performed subject to the provisions of any franchise and make such inspections as it shall find necessary to insure compliance with the terms of the franchise and other pertinent provisions of law.
5. At the expiration of the term for which a franchise is granted, or upon its termination and cancellation, as provided for herein, the City shall have the right to require the grantee to remove at its own expense all portions of the CATV system from all public ways within the City.
6. At the expiration of the term for which a franchise is granted, or upon its termination and cancellation, or at the expiration of any ten (10) year period, upon six (6) months notice to the grantee, the City, at its election, shall have the right to purchase and take over the CATV system in its entirety at its fair market value, as mutually agreed upon between the City and the grantee. If the fair market value cannot be agreed upon, it shall be determined by three (3) appraisers, one appointed by grantee, one by the City Council and the third by the other two so appointed. The cost of such appraisal shall be borne equally by the City and the grantee. Pursuant to Stockton City Charter Article XXIX, the value of the franchise itself shall not be included in the fair market value of the CATV system. Upon the exercise of this option by the City and its service of an official notice of such action upon the grantee, the grantee shall immediately transfer to the City possession and title to all facilities and property, real and personal, of the CATV business, free from any and all liens and encumbrances not agreed to be assumed by the City in lieu of some portion of the purchase price set forth above; and the grantee shall execute such deeds or other instruments of conveyance to the City as shall be necessary for this purpose. The grantee shall make it a condition of each contract entered into by it with reference to its operations under the franchise that the contract shall be subject to the exercise of this option by the City and that the City shall have the right to succeed to all privileges and obligations thereof upon the exercise of such option.
7. After the expiration of the term for which a franchise is granted, or after its termination and cancellation, as provided for herein, the City shall have the right to determine whether the grantee shall continue to operate and maintain the CATV system pending the decision of the City as to the future maintenance and operation of such system.
8. Nothing in this Part shall in any way or to any extent impair or affect the right of the City to acquire 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 City's right of eminent domain in respect to grantee.
9. Any right or power in, or duty impressed upon any officer, employee, department, or board of the City shall be subject to transfer by the Council or by law to any other officer, employee, department or board of the City.
(Added by Ordinance 2287-C.S. — Effective Sept. 14, 1972)
SEC. 12-122. REPORTS:
1. The grantee shall file annually with the City Clerk not later than ninety (90) days after the end of its fiscal year during which its franchise is accepted and within ninety (90) days after the end of each fiscal year thereafter, an income statement applicable to its operations during the calendar year or fraction thereof, a balance sheet, and a statement of its properties devoted to CATV operations, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. These reports shall be accompanied by an opinion of a certified public accountant or public accountant as to their overall fairness and there shall be submitted along with them such other reasonable information as the City Council shall request with respect to the grantee's properties and expenses related to its CATV operations within the City.
2. The grantee shall keep on file with the City Clerk a current list of its shareholders and bondholders.
3. The grantee shall prepare and furnish to the Director of Public Works and the City Manager at the times and in the form prescribed by either of said officers, such reports with respect to its operations, affairs, transactions or property, as may be reasonable, necessary, or appropriate to the exercise or performance of any of the rights, functions, or duties of the City of any of its officers, in connection with the franchise.
4. When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of all agreements for such joint use of poles and facilities shall be filed by the grantee with the Director of Public Works of the City of Stockton.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-122.1. TRIENNIAL REPORTS AND REVIEW SESSIONS:
1. Triennial Reports: On or before July 15, 1985 and every three (3) years thereafter, during the term of a franchise agreement each franchisee shall submit a written report to the City Council, in a form approved by the City Manager, including but not limited to, the following information regarding the previous three (3) calendar years:
a. A summary of activities in the development of the system, including but not limited to, services begun or discontinued, total number of subscribers, homes passed, subscribers added or discontinued and institutional network development and user participation, all in accordance with the provisions of this Part and the franchise agreement.
b. A summary by category of complaints, identifying the number and nature of complaints and their dispositions.
c. A current statement of costs of construction by category.
d. A projected income statement, balance sheet, statement of changes in financial position and statement of projected construction for the next three (3) years.
e. A reconciliation between previously projected construction and financial estimates, as the case may be, and actual results.
f. A list of officers and members of the Board of Directors of franchise and its parent, subsidiary or affiliate corporations, if any, within the State of California.
g. A copy of the franchisee's annual report and those of its parent, subsidiary and affiliate corporations, if any, within the State of California.
h. A full schedule of all subscriber and user rates, advertising rates, leasing rates, fees and charges for all cable services provided.
i. Such other information or reports as the City Manager may request, including, but not limited to, the following special reports:
1) Triennial Opinion Survey report which identifies subscriber satisfaction/dissatisfaction with cable communication services offered by franchisee.
2) Annual Proof of Performance reports which have been filed with the FCC. The purpose of said report is to assure the City that the technical standards are achieved and maintained.
2. Performance Evaluation Sessions:
a. Purpose and Procedures. To provide for technological advances in the state of the art of cable communications consistent with sound business and economic practices which will promote the maximum degree of flexibility and utilization of the system, to evaluate grantee's performance and compliance with the provisions of this Part and any franchise awarded pursuant thereto, to respond to regulatory changes and to achieve a continuing, advanced, modern cable communications system, the City and each grantee shall comply with the following review procedures:
1) The City shall hold a regularly scheduled review session every three (3) years, within forty-five (45) days after the filing of the above required reports on July 15. All review sessions shall be open to the public, and notice of date, time, location and agenda shall be given by grantee, at grantee's cost, by publication at least once in a newspaper of City-wide general circulation at least one (1) week prior to each session. In addition, grantee shall announce the date, time and location of each session on each of at least five (5) days immediately preceding each session at a minimum of six (6) regularly scheduled intervals daily on at least two (2) subscriber channels of the system.
2) Topics for discussion and review at the regular review sessions shall include, but shall not be limited to the following:
Application of new technologies, system performance, services provided, programming, subscriber complaints, user complaints, rights of privacy, construction progress, community service channel implementation and utilization, undergrounding process and development in the law.
Either the City or grantee may select additional topics for discussion at any regular or special review sessions conducted pursuant to this Section.
3. Statement of Policy. The City and each franchisee shall be guided in these triennial review sessions by the Policies set forth in this Part of Section 12-113.
(Added by Ordinance 3545-C.S. — Effective April 15, 1982)
SEC. 12-123. PAYMENT TO CITY:
The grantee shall pay to the City annually a percentage of the annual gross operating revenues from operations within the City during the year, for the use of the streets and other facilities of the City in the operation of the CATV system and for the municipal supervision thereof. The percentage shall be as provided in the granting ordinance, and shall be not less than three percent (3%) of the gross operating revenues. Payment shall be made within fifteen (15) days after the time for filing the statement required by Section 12-122. This payment shall be in lieu of any business license tax, occupation tax, or similar levy. The City reserves the right to audit and recompute any amounts paid under this Part, and acceptance, until expiration of a period of five (5) years following payment, shall not be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under this ordinance or for the performance of any other obligations thereunder.
(Added by Ordinance 2287-C.S. — Effective Sept. 14, 1972)
SEC. 12-124. FORFEITURE OF FRANCHISE:
1. In addition to all other rights and powers pertaining to the City by virtue of the franchise or otherwise, the City reserves the right to terminate and cancel this franchise and all rights and privileges of the grantee hereunder in the event that the grantee:
a. Violates or fails to comply with any provisions of the franchise or any rule, order, or determination of the City or City Council made pursuant to the franchise, except where such violation or failure to comply, other than of Section 12-119 or Subsection 'b' of this Section, is without fault or through excusable neglect.
b. Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt.
c. Attempts to dispose of any of the facilities or property of its CATV business to prevent the City from purchasing same, as provided for herein.
d. Attempts to evade any of the provisions of its franchise or practices any fraud or deceit upon the City; or
e. Fails to begin or complete construction or provide service under the franchise, in accordance with this Part.
2. Such termination and cancellation shall be by ordinance duly adopted after sixty (60) days notice to the grantee and shall in no way affect any of the City's rights under the franchise or any provision of law. In the event that such termination and cancellation depends upon a finding of fact, such finding of fact as made by the City Council or its representatives shall be conclusive. Before any franchise may be terminated and cancelled under this Section, the grantee must be provided with an opportunity to be heard before the City Council.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-125. REMOVAL AND ABANDONMENT OF PROPERTY OF GRANTEE:
1. In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of six (6) months, or in the event such system or property has been installed in any street or public place without complying with the requirements of this Part, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly, upon being given ten (10) days written notice, remove from the streets, or public places all such property and poles of such system other than any which the Director of Public Works may permit to be abandoned in place. In the event of such removal, the grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the Director of Public Works.
2. Any property of the grantee remaining in place sixty (60) days after the termination, forfeiture or expiration of the franchise shall be considered permanently abandoned. The Director of Public Works may extend such time.
3. Any property of the grantee to be abandoned in place shall be abandoned in such a manner as the Director of Public Works shall prescribe. Subject to the provisions of any utility joint use attachment agreement, upon permanent abandonment of the property of the grantee in place, the property shall become that of the City and the grantee shall submit to the Director of Public Works an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-126. CITY'S RIGHT OF INTERVENTION:
By acceptance of a franchise, the grantee agrees not to oppose intervention by the City in any suit or proceeding to which the grantee is a party.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-127. FURTHER AGREEMENTS AND WAIVERS BY GRANTEE:
1. By acceptance of a franchise, the grantee agrees to abide by all provisions of the franchise, and further agrees that it will not at any future time set up as against the City or the City Council the claim that the provisions of the franchise are unreasonable, arbitrary, or void. The grantee shall have no recourse against the City for any loss, cost, expense or damage arising out of any provisions of this Part or the enforcement of its provisions.
2. The franchise is in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation, or maintenance of any CATV system in the incorporated limits of the City, and the acceptance of the franchise shall operate as between grantee and the City, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the City, to the effect that, as between grantee and the City, any and all construction, operation and maintenance by any grantee of any CATV system in the City shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-128. DURATION AND ACCEPTANCE OF FRANCHISE:
1. Any franchise granted pursuant to this Part, and the rights, privileges, authority thereby granted shall take effect and be in force from and after the thirtieth (30th) day following final passage of the ordinance granting the franchise, and shall continue in force and effect for a fixed term not to exceed twenty-five (25) years, provided that within ten (10) days after the date of the passage of the granting ordinance the grantee shall file with the City Clerk its unconditional acceptance of the franchise and promise to comply with and abide by all its provisions, terms and conditions. Such acceptance and promise shall be in writing duly executed and sworn to, by or on behalf of the grantee before a notary public or other officer authorized by law to administer oaths. Such acceptance shall be accompanied by the Certificate of Insurance and the bond required by Section 12-104.
2. Should the grantee fail to comply with Subsection '1' above, it shall acquire no rights, privileges, or authority under the franchise whatever.
3. Renewal. Irrespective of the type and quality of the performance of a franchisee the City is under no obligation to renew a franchise.
(Amended by Ordinance 062-89C.S. — Effective Oct. 26, 1989) (Added by Ordinance 3545-C.S. — Effective April 15, 1982)
SEC. 12-129. CONSTRUCTION TO BE APPROVED:
1. No work shall be commenced under the provisions of the franchise in, upon, over, across, along or under any street, highway, alley, levee, or other public place, within the City unless and until plans and specifications therefor have been filed with the City Clerk and approved by the City Manager, nor unless and until suitable maps showing the precise location in, upon, over, across, along or under any street, highway, alley, levee, or other public place within the City of all conduits, tunnels, towers, pipes, poles, or other structures, and of all wires attached thereto which such grantee proposes to lay down, erect, construct, maintain, equip, and operate shall be filed with the City Clerk. Such maps must be filed before any work of constructing shall be commenced and when filed shall, together with the plans and specifications be retained in the office of the City Clerk as public records thereof, and shall be open to the inspection of the public at all times during office hours. No conduits, tunnels, towers, pipes, poles, wires, or other structures shall be laid down, erected, constructed or maintained in, upon, over, across, along or under any street, highway, alley, levee, or other public place unless the precise location of all said conduits, tunnels, towers, pipes, poles, wires or other structures be first approved by the City Manager. The City Manager shall not approve any plans or specifications for the location of any structure submitted by the grantee, unless the same are found to be in conformity with the franchise. No location of any conduit, tower, pipe, pole, wire or other structure shall be a vested interest, and the same shall be removed or modified by grantee at its own expense whenever the City Manager determines the public convenience would be enhanced thereby.
2. Where poles or other wire-holding structures already existing for use in serving the City are available for use by the grantee, but it does not make arrangements for such use, the City Manager may require the grantee to use such poles and structures if he determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.
3. Where the City or a public utility serving the City desires to make use of the poles or other wireholding structures of the grantee but agreement therefor with the grantee cannot be reached, the City Manager may require the grantee to permit such use for such consideration and upon such terms as the City Manager shall determine to be just and reasonable, if the City Manager determines that the use would enhance the public convenience and would not unduly interfere with the grantee's operations.
4. The franchise shall not relieve the grantee of any obligation involved in obtaining pole space from any department or division of the City, other agency of government, utility company, or from others maintaining poles in streets, provided the latter shall cooperate with grantee to the end that only one (1) set of poles shall be required by all.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-130. RATES:
Grantee shall maintain on file with the City Clerk a schedule setting forth all rates and charges to be made to subscribers for cable television service, including connection and service charges. Notice of changes in such rates and charges shall be provided to subscribers and filed with the City Clerk at least sixty (60) days in advance of the effective date thereof.
(Repealed and Added by Ordinance 3157-C.S. — Effective May 1, 1979)
SEC. 12-131. SUBSCRIBER CONTRACT:
Before grantee shall provide antenna service to any subscriber, grantee shall obtain a signed contract from the subscriber containing a provision substantially as follows:
"Subscriber understands that in providing antenna service (grantee) is making use of public rights of way within the City of Stockton and that the continued use of these public rights of way is in no way guaranteed. In the event the continued use of such rights of way is denied to (grantee) for any reason, (grantee) will make every reasonable effort to provide service over alternate routes. Subscriber agrees he will make no claim nor undertake any action against the City of Stockton, its officers, its employees, or (grantee) if the service to be provided by (grantee) hereunder is interrupted; or discontinued use of such rights of way is denied to (grantee) for any reason."
The form of grantee's contract with its subscribers shall be subject to approval of the Council, with respect to the inclusion of this provision.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-132. SUBSCRIBER REFUNDS ON TERMINATION OF SERVICE:
If any subscriber of the grantee of less than three (3) years terminates services because of grantee's failure to render service to such subscriber of a type and quality provided for in this Part, or if service to a subscriber of less than three (3) years is terminated without good cause or because the grantee ceases to operate the CATV business authorized herein for any reason, except expiration of this franchise, the grantee shall refund to such subscriber an amount equal to the initial tap-in and connection charges paid by him divided by thirty-six (36) months and multiplied by a number equal to thirty-six (36) minus the number of months the subscriber has been on the system.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-133. SUBSCRIBERS, ANTENNAS:
The grantee must install without additional fee therefor, a switching device to permit a subscriber to use his privately owned television antenna, if any subscriber requests such a device. The grantee may not require any subscriber to remove any existing antenna as a condition of CATV service.
(Added by Ordinance 2094-C.S. —- Effective April 1, 1971)
SEC. 12-134. DISPUTES, CITY MANAGER:
1. The City Manager is hereby authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of the grantee under this ordinance, either on behalf of the City, the grantee, or any subscriber in the best interest of the public.
2. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the City Council for hearing and determination.
3. The Council may accept, reject, or modify the decision of the City Manager and the Council may adjust, settle, or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this Part.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-135. UNAUTHORIZED CONNECTIONS AND TAMPERING:
1. It shall be unlawful for any person, firm, or corporation to make any unauthorized connection, whether physically, acoustically, inductively, electronically, or otherwise, with any part of a franchised CATV system within the City for the purpose of taking or receiving television signals, radio signals, pictures, programs, sound or electronic impulses of any kind for the purpose of enabling himself or others to receive any such television signal, radio signal, picture program, sound, or electronic impulses.
2. It shall be unlawful for any person, without the consent of grantee, to wilfully tamper with, remove, obstruct, or injure any cables, wires, devices, or equipment used for the distribution of television signals, radio signals, pictures, programs, sound, or electronic impulses of any kind.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-136. SEPARABILITY:
If any section, subsection, sentence, clause, phrase, or portion of this Part is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC.12-137. APPLICATION FOR FRANCHISE:
A. Application for a franchise hereunder shall be in writing, shall be accompanied by an application fee of two hundred fifty dollars ($250.00), shall be filed with the City Clerk for transmission to the City Council, and 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 CATV 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 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 equipment or facilities proposed to be constructed, installed and maintained.
4. A map specifically showing and delineating the proposed service area or areas within which applicant proposes to provide CATV services and for which a franchise is requested if said area is less than the entire City.
5. 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.
6. A statement or schedule in a form approved by the City Manager of proposed rates and 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 more than one hundred fifty (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 City or annexations thereto where the density is below that set forth in Section 12-105(3), supra, service may be made available on the basis of cost of materials, labor and easements if required by the grantee.
7. A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines or conduits.
8. 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, such franchise shall be deemed void and of no force and effect whatsoever.
9. A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing applicant's financial status and his financial ability to complete the construction and installation of the proposed CATV system. 10. The Council may at any time demand, and applicant shall provide, such supplementary, additional or other information as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-138. PROCEDURE TO GRANT:
Upon receipt of an application for a franchise hereunder, the Council, if it desires to consider the granting of the franchise, shall pass a resolution declaring its intention to consider the application, setting forth a notice of the day, hour and place when and where any and all persons may appear before the Council and be heard thereon, and directing the City Clerk to publish said notice in the official newspaper for ten (10) consecutive days, Sundays and holidays excepted. The time fixed for such hearing shall be not less than thirty (30) days nor more than sixty (60) days after the date of the passage of said resolution.
Such notice shall contain the name of the applicant, statement of the major provisions of the proposed franchise, a statement that copies of the proposed franchise may be obtained at the office of the City Clerk and the time and place fixed for the public hearing.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-139. PROTESTS MAY BE FILED:
At any time not later than the hour set for the hearing, any person interested may make written protest stating objections against the granting of such franchise. Such protests must be signed by the protestant and be delivered to the City Clerk.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-140. HEARING:
At the time set for the hearing, the Council shall proceed to hear the matter and all persons shall be given opportunity to present their arguments. The Council may adjourn said hearing from time to time.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-141. COMPETITIVE BIDS:
The Council may, in its discretion, advertise for competitive bids for the purchase of a franchise hereunder, and set a common date and time for the receipt of applications and a common date and time for the public hearing.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-142. GRANTING FRANCHISES:
Upon consideration of an application or bids for a franchise, the Council may refuse to grant the requested franchise or the Council may by ordinance grant a franchise for a CATV system to any such applicant or bidder as may appear from said application to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the City. The Council's decision in the matter shall be final.
(Added by Ordinance 2094-C.S. — Effective April 1, 1971)
SEC. 12-143. EXERCISE OF GOVERNMENT POWERS:
Neither the granting of any franchise nor any provision thereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City.
(Added by Ordinance 3545-C.S. — Effective April 15, 1982)
Stockton, CA 
