50A - ORD STATE VIDEO FRANCHISE SVCS

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Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2: Section 15-255 of the Santa Ana Municipal Code is hereby amended to provide that it is lawful to operate a cable television system in the City pursuant to a State Video Franchise, such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 15-255. Franchise terms and conditions. (a) Franchise purposes. A franchise granted by the city under the provisions of this division 2 may authorize the grantee to do the following: (1) To engage in the business of providing cable television services that are authorized by law and that grantee elects to provide to its subscribers within the designated franchise service area. (2) To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of the cable system in, on, over, under, upon, along and across streets and public ways within the designated franchise service area. (3) To maintain and operate the franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals, and for the delivery of cable services and such other services as may be authorized by law. (b) Franchise required. (1) It is unlawful for any person to construct, install, or operate a cable television system within any street or public way in the city without first obtaining either a City franchise under the provisions of this division 2, or a State Video Franchise under division 6 of this Chapter 15. (2) The city council finds and determines that certain multichannel video programming distributors and video providers, as those terms are defined in section 15-268 of division 6, provide cable service, including video programming, to subscribers within limited geographic areas where multifamily dwelling complexes and congregate-living complexes are located. That cable service, including video programming, is sometimes provided, in whole or in part, by the transmission of signals over wires or lines that are owned or controlled by telecommunications service providers or other public utilities and that are within or cross streets or public ways within the boundaries of a local franchising authority. The multichannel video programming distributor or video provider may obtain - 2 - 50A-4