HomeMy WebLinkAboutCC ORD 1984-1815 RENEWING A NON EXCLUSIVE FRANCHISE WITH COX CABLE SAN DIEGO INC.ORDINANCE NO. 1815
AN ORDINANCE OF THE CITY OF NATIONAL
CITY RENEWING A NON-EXCLUSIVE FRANCHISE
WITH COX CABLE SAN DIEGO INC. TO CONSTRUCT,
MAINTAIN AND OPERATE A CABLE TELEVISION
SYSTEM WITHIN SAID CITY
The City Council of the City of National
City does ordain as follows:
SECTION 1. Definitions
WHENEVER, in this ordinance, the following words
or phrases are used, they shall have the respective meanings as-
signed to them in the following definitions; and words or phrases
not defined in this section which are defined in any franchise
documents shall have the same meaning in this ordinance assigned
to them in such franchise documents, unless the context in which
they are used shall clearly indicate a different meaning:
(a) "Grantee" shall mean Cox Cable San Diego Inc.
a subsidiary of Cox Cable Communications Inc.
(b) "Franchise Documents" shall, in addition
to this franchise ordinance, mean and include
all of the following:
(1) Chapter 6.10 of the National
City Municipal Code;
(2) Any and all rules and regulations
governing the operation of CATV
systems within the City of National
City which are adopted by the City
Council;
(3) The written acceptance of CATV
franchise by the Grantee
SECTION 2: Incorporation of Franchise
Documents
All of the franchise documents as defined
herein, are hereby incorporated by reference and made a part of
this ordinance. By acceptance of this franchise, Grantee agrees
to be bound by all of the terms and conditions contained in said
franchise documents.
(1)
SECTION 3: Application of Franchise Ordinance
In the event of any specific and direct conflict
between the provisions of this franchise ordinance and any
other franchise document as defined herein, the provisions of
this franchise ordinance shall govern.
SECTION 4: Grant of Franchise
There is hereby granted to Cox Cable San Diego
Inc. a subsidiary of Cox Cable Communications Inc. a non-exclu-
sive franchise to construct, erect, operate and maintain in,
upon, along, across, above, over and under the public streets
and ways, now or in the future dedicated for public use in the
City, poles, wires, cables, underground conduits, manholes
and other cable television conductors, apparatus and fixtures
necessary or convenient for the maintenance and operation in the
City of National City of a cable television system to trans-
mit television, FM radio and other signals within the City.
SECTION 5: Non -Exclusive Grant
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 franchise to any person at any time during the term of
this franchise.
SECTION 6.: Term of Franchise
The term of this franchise shall be twenty (20)
years commencing upon the effective date hereof unless the five
(5) year extension provisions of Section 10 (b) (3) of this
ordinance are implemented, in which case, the total term of
the franchise shall be twenty-five (25) years from the effective
date hereof.
SECTION 7: Effective Date
This franchise shall become effective thirty (30)
days from and after the date of adoption of this ordinance
provided, however, that the franchise hereby granted shall not
become effective unless and until the Grantee files written
(2)
acceptance thereof in accordance with Section 8 of this
franchise ordinance.
SECTION 8: Acceptance of Franchise
This franchise shall not become effective for any
purpose unless and until written acceptance thereof shall have
been filed with the City Clerk and such written acceptance
shall be in form and substance as shall be prescribed by the
City Attorney and shall be and operate as an acceptance of
each and every term, condition and limitation contained herein,
or otherwise specified by ordinance or resolution of the City
Council. Said written acceptance shall be filed by the Grantee
not later than 12:01 P.M. of the fifteenth (15th) day following
the date of the adoption by the City Council of this ordinance
and if such written acceptance by any such Grantee shall not
be received by the City Clerk, then such Grantee shall have no
rights, recourse or redress in the premises, unless and until
the City Council shall, by resolution, determine that such
acceptance be received or filed and then upon such terms and
conditions as the City Council may impose.
SECTION 9:
The Grantee
National City, during the
priviledge of operating a
Annual Franchise Fee
shall pay annually to the City of
term of this franchise, for the
CATV system under this franchise, a
sum equivalent to three percent (3%) of its gross annual receipts
as defined in Chapter 6.10 of the National City Municipal Code,
provided, however, that in the event Federal regulations are
amended to permit a fee in excess of three percent (3%), without
necessity of obtaining a waiver, Grantee's annual franchise
fee payment to the City shall automatically be adjusted upward
to the new permitted franchise fee limit, subject to the
further provision that no
prior to the beginning of
such adjustment shall become effective
the third year of the franchise term.
In no event, shall the Grantee's annual franchise fee be less
than three percent (3%)or more than five percent (5%). Further-
(3)
more, Grantee agrees to support any application the City
of National City may make to the Federal Communications Commission
for a waiver of any franchise fee limitation which would permit
the adjustment of the annual franchise fee beyond the current
three percent (3%) limitation.
The Grantee shall file with the City within
ninety (90) days after the expiration of any calendar year
during which this franchise is in force, a statement of gross
receipts signed by a corporate officer showing in detail the
gross annual receipts as defined in the franchise documents
of the Grantee during the preceeding calendar year. It shall
be the duty of the Grantee to pay to the City, within ten (10)
days after the time for filing such statement, the specified
sum for the calendar year covered by said statement.
SECTION 10: Programming and Services
(a) Statement of General Intent
(1) Grantee recognizes and concurs with
the City's desire pursuant to Municipal
Code Section 6.10 170 that all CATV
systems franchised to operate within the
city shall maintain, operate and where
technically and financially feasible
modify the CATV system to insure its
performance in accordance with the best
accepted and proven standards of the cable
television industry.
(2) Grantee agrees to diligently evaluate and
where technically and financially feasible
in accordance with Municipal Code Section
6.10 170, implement improvements to
insure its performance in accordance with
the best accepted and proven standards
of the cable television industry.
(4)
(b) Channel Capacity and Programming
(1) In addition to complying with requirements
of Municipal Code 6.10 170, Grantee states
its intention, subject to the availability
of programming, financial feasibility,
customer demand, and/or must carry channel
requirements to expand the channel capacity
of its system beyond the existing 35 channels.
It is the further intent of the Grantee that
such expansion shall occur within the initial
twenty (20) year franchise term.
(2) Grantee hereby consents and agrees that
at such time as it commences an expansion
in channel capacity beyond 35 channels in
any of its current San Diego franchises, it
shall within nine (9) months thereof commence
and diligently pursue completion of an
identical expansion of channel capacity
throughout its National City system.
(3) In the event, Grantee expands the channel
capacity of its National City system to 54
channels or more within the first ten (10)
years of the franchise term and providing
the Grantee has complied with the provisions
of this franchise ordinance, City agrees
concurrent with the date expansion is
completed, to automatically extend the
term of the franchise for an additional five
(5) years, provided Grantee has filed with
the City Clerk a notice verifying the
completion of expansion and compliance
herewith.
(5)
SECTION 11: Cable Connections to City and
Public School Facilities
(a) Grantee shall, without charge provide all
Basic Subscriber Services of its system, as
defined in Municipal Code Chapter 6.10 as
hereinafter provided:
(1) Within two (2) years of the effective
date hereof, Grantee shall provide one
cable television connection to each City
office or facility designated by the City
Manager, including, but not limited to,
the Civic Center, Police facility, Fire
Stations, Public Library, and other
facilities owned, rented, leased or
controlled by the City which are located
within the Grantee's franchise area. Each
such connection shall consist of, at a
minimum, a drop connection to the exterior
of the office, building or property and
one outlet installation.
(2) Within two (2) years of the effective date
hereof, Grantee shall provide one cable
television connection to each public
school site designated by the Superintendent
of School or other appropriate official,
with the exception of Las Palmas School
which, due to more difficult installation
requirements, shall be connected within
three (3) years of the effective date
hereof. Each such connection shall consist
of, at a minimum, a drop connection to the
exterior of the building and one outlet
installation.
(6)
(b) Installation of additional services beyond
these specified in Section (a) hereof shall
be subject to negotiation and mutual agree-
ment between the Grantee and the appropriate
City or School District representative.
(c) Grantee agrees to work with the City Police
and Fire Departments in developing and
facilitating the use of their cable connections
for training and related purposes.
SECTION 12: Obscene or Objectionable Adult Pay
Television Programming
(a) Grantee and the City while recognizing the
right of individuals to subscribe to and
receive adult pay television programming,
recognize also the right of other subscribers
not to receive such programming over the cable
system.
(b) Grantee commits to implement the following
proposal designed to eliminate cablecasting
of obscene or objectionable adult pay television
programming to those subscribers who do not
wish to receive such programming:
(1) Grantee will publicize and offer at no
charge to subscribers, a replacement
converter, properly programmed, in
exchange for a converter which the sub-
scriber believes is working improperly
and thereby permitting obscene or
objectionable adult pay television
programming to be broadcast into the
subscribers home. Additionally, Grantee
will, upon request and free of charge,
provide information regarding the detuning
(7)
of "cable ready" television sets within
the corporate limits of National City
to prevent receipt of obscene or objection-
able adult pay television programming.
(2) Grantee will continue to provide all
new subscribers with properly programmed
converters or decoders which delete any
channel which is not specifically subscribed
to by a customer.
(3) Grantee commits to be in full compliance
with Municipal Code Section 6.10.240B by
the end of calendar year 1985.
(4) Notwithstanding any provisions herein to
the contrary, Grantee shall not be required
to delete any channel of programming which
is a part of a tier or program package
except upon deletion of the entire tier
or program package.
SECTION 13. Prohibited Activities of Grantee
Grantee shall be prohibited from directly or
indirectly doing any of the following:
(a) Engaging in the business of selling at retail,
leasing, renting, repairing or servicing of
television sets, radios or other receiving
apparatus which are not the property of the
Grantee.
(b) Providing any repair service for a fee or
otherwise, which extends beyond the connection
of and maintenance for its service, and the
determination of Grantee of the quality of its
signal to its subscribers.
(c) Solicting, referring, or causing or permitting
the solicitation or referral of any subscriber
to any specifically named person, firms or
corporations engaged in any business which
(8)
Grantee is prohibited from engaging in
by the provisions hereof.
SECTION 14. Publication.
This ordinance shall be published once in the
official newspapers of the City, in summary.
PASSED AND ADOPTED this 24th day of April , 1984.
ATTEST:
CITY CLERK
Passed and adopted by the Council of the City of National City, California,
on April 24/ 1984 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
AUTHENTICATED BY:
Cooper,
None
Dalla, Van Devviltmw, WatexA, Morgan.
None
None
KILE MORGAN
Mayor of the City of National City, California
City Clerk p‘f the City of Nation1 City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on ....March-.27.r...19.8.4
and on Apra 1. 2.4..,.. .19.8 4
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. M7-5 of the City of National City, passed
and adopted by the Council of said City on ap.r,i..1 244. 1984
(Seal)
City Clerk of the City of National City, California
By:
Deputy