A. Except as amended in this chapter, the terms and conditions of the franchise transferred to Crescent Cablevision Limited on October 1, 1981 shall continue in full force and effect. These amendments are intended as a continuation of the existing franchise and not the granting of a new franchise.
B. The franchise granted in this chapter shall allow grantee to construct, operate and maintain a community antenna television system, together with the right to lay, construct, install, operate, maintain, use, repair, replace and/or remove television coaxial cables, poles, wire, conduits, and other fixtures, upon, along, through, in, over and under public highways, streets, roads, alleys, bridges, tunnels and other public places in the county of Del Norte as grantee may elect to use for this purpose for a period as described in this chapter, subject to the following terms, conditions, requirements, obligations and limitations:
1. Performance of all work within any public right-of-way shall be in conformity with plans and specifications approved by and to the satisfaction of the county director of public works and in accordance with all applicable laws, ordinances, rules and regulations.
2. Any pole or poles erected by grantee in the conduct of his business shall be done only after grantee secures a permit therefor from the county director of public works. In each case, the decision of the director of public works as to all conditions in connection with the issuance of such permit shall be final. Breach by grantee of any such condition shall be cause for the board to declare such franchise forfeited: provided, however, that any such condition promulgated by the director of public works, in the discretion of the board, be reviewed, amended, rescinded or nullified.
3. Any facilities installed pursuant to this franchise shall be so placed as not to interfere with the use of any public right-of-way for the traveling public or for any other public person to any greater extent than is reasonably necessary,\' and, except where necessary to cross a roadway, shall be placed outside of the roadbed, as near to the right-of-way line as possible so as not to interfere with road maintenance, operation or with other underground facilities. Any cables, wires or conduits shall be covered to and maintained at a depth of at least two feet below the surface of the ground, except where mounted on poles or where necessary to cross a bridge or other structure or to use a tunnel, in which case the methods employed in mounting and carrying the cables, and/or placing poles or crossing bridges or other structures or using a tunnel shall be approved by the director of public works prior to the installation thereof. After such installation the same shall be inspected and approved by the director of public works. In case of non-approval, the same shall be changed or corrected at the sole expense of the grantee so as to conform to the specification of the director of public works within a reasonable time after notification of disapproval.
4. In connection with any installation in connection with the business of tile franchise, the grantee shall fill and compact all trenches and leave the surface of any streets in as good a condition as they were prior to the installation.
5. Grantee shall indemnify and save harmless the county, its employees and agents from any and all liability from any loss or damage to persons or property from any cause whatsoever resulting from tile operations of tile Grantee pursuant to this franchise. Grantee shall take out and maintain public liability insurance to protect the county against loss for such liability in amounts of not less than one hundred thousand dollars for one person injured in one accident and not less than three hundred thousand dollars for more than one person in injured in one accident and in the amount of fifty thou sand dollars with respect to any property damage afore said. A certificate of such insurance shall be filed with tile County clerk in forms satisfactory to the county. The policy shall have a non-cancellation-without-ten-days-notice-to-County clause and shall provide that copies of all cancellation notices shall be sent to the county clerk of the county of Del Norte. If tile grantee does not keep such insurance in full force and effect, the county may take out the necessary insurance and pay the premium and the repayment thereof shall be paid by the-grantee within thirty days of this franchise shall be then and there forfeited and all activities of grantee under this franchise shall then and there cease.
6. Grantee shall, at grantee\'s expense, remove or relocate any of its facilities, which interfere with the maintenance or any improvement or chance of any public right of-way upon receiving notice from the county that such facilities be removed or relocated.
7. As consideration for the granting of this franchise and in accordance with Section 5.08.060 of the Del Norte County Code, grantee agrees to pay to the county of Del Norte five percent of the gross receipts from all basic rate monthly charges. Payment of the five percent shall be subject to the following conditions:
a. The fee shall apply to the net revenues from pay channel rates. Net revenue is defined as the customer charges less the amount paid by the grantee to the supplier of the program material offered on the pay channel.
b. The fee shall apply to both residential basic rates and bulk service basic rates.
c. The fee shall be effective August 1, 1984, provided, however, that the fee shall be limited to three percent during any period of time the county is required to have approval of the Federal Communications Commission or any other federal or state regulatory body and such approval has not been granted.
8. Grantee shall file with the county clerk quarterly on or before March 1st, July 1st, October 1st, and December 31st of each calendar year, a verified statement showing in detail the gross receipts of grantee during the preceding quarter arising from the operations under this franchise. The report shall also set forth the number of basic service customers, HBO customers, Playboy channel customers and the number of customers being served by any other separately charged service. The information shall be set forth in such a manner as to be auditable as determined by the county\'s auditor-controller. Costs associated with the program material presented on pay channels shall be separately set forth as to each supplier of such program material. Failure to file the statement as provided in this chapter which shall continue for more than fifteen days following notice thereof the grantee from the county, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of the grantee.
9. Grantee shall not sell, transfer or otherwise dispose of this franchise without the written consent of the board of supervisors of the county, and any attempt to sell, transfer, or otherwise dispose of this franchise without such consent shall be grounds for a declaration of forfeiture and all rights accruing under this franchise.
10. This franchise shall be nonexclusive and shall not prevent the board of supervisors of the county from awarding or selling another franchise and privilege for the same uses and purposes within the area to which this franchise is applicable.
11. The board of supervisors of the county shall have the power and right at all times for the duration of this franchise to require grantee to conform to reasonable rules and regulations adopted by the board of supervisors, including the power to regulate and establish rates and charges charged by grantee for services rendered under this franchise. The establishment of such rules and regulations shall be discretionary with the board of supervisors.
12. This franchise covers the area of the county more particularly described in Exhibit "A" attached hereto and incorporated in this chapter by this reference.
13. Rates. To the maximum extent permitted by law, the county shall regulate the rates charged by the grantee for subscriber services, the installation of equipment and the commencement of service to subscribers. No change in rates subject to county regulation shall be effective without approval of the board of supervisors. Grantee shall make a request for any change in rates subject to regulation by the county to the board of supervisors who shall act upon such request within ninety days. Failure to act within a ninety-day period of receipt of a request for a change of rates shall have the effect of approval at the end of such period. Consideration of any request for a change in rates by the board of supervisors may be had at any regular or special meeting of the board wherein the request has been duly agendized. The board Of Supervisors may hold one or more public hearings for purposes of considering such rate change requests. Action of the board of super visors approving rate changes shall be by resolution of the board in which the rates are specifically set forth. Rate changes may be made effective immediately upon the adoption of such resolution.
14. Grantee shall maintain a business office or a toll-free telephone listing in the Crescent City area for the purpose of receiving inquiries and complaints from its customers. Grantee shall investigate all complaints within five days of their receipt and shall, in good faith, attempt to resolve them swiftly and equitably.
15. This franchise is governed by and subject to all applicable rules and regulations of the Federal Communications Commission, specifically including part 76, and by the laws of the state of California. Should there be any modifications of the provisions of Section 76.31 of the rules and regulations of the Federal Communications Commission which must be incorporated into this franchise, the board of supervisors and grantee agree that such incorporation shall be accomplished within one year after the effective date of the FCC\'s adoption of the modification, or upon renewal of this franchise, whichever occurs first. However, the right is reserved to the board of supervisors to adopt, in addition to the provisions contained in this chapter and existing applicable ordinances, such additional ordinances as it shall find necessary in the exercise of its police power, provided that such regulations shall be reasonable and not in conflict with the rights herein granted, the laws of the State of California, the laws of the United States of America, or the rules of the Federal Communications commission.
16. In the event that any term, condition, or obligation of this permit is violated by grantee and the procedure for forfeiture by reason of the violation has not been heretofore specifically provided for, then the county may give grantee a notice to remedy such violation within a thirty day period, and if such violation is not remedied within the period of time, then the county, at its election, may declare this franchise to be terminated and all rights of grantee in and to this franchise shall thereupon cease and grantee shall immediately conclude all operations and business under this franchise.
17. Grantee shall pay all franchise fees and property taxes when due. Failure to pay franchise fees or property taxes when due shall constitute grounds for declaration of a forfeiture of this franchise and of all rights of the grantee under this chapter.
18. The amendment to this franchise, contained in this section, shall take effect as of the first day of August, 1984, and shall expire on February 11, 1989.
(Ord. 84-12 (part), 1984.)