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HomeMy WebLinkAboutNS-1461REL:ms 10/25/78 ORDINANCE NO. NS-1461 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE II OF CHAPTER 15 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE REGULATIONS PERTAINING TO FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 15-250 of the Santa Aha Municipal Code, is hereby amended to read as follows: Sec. 15-250 Definitions For purposes of this article, the following words, terms, phrases, abbreviations, and the derivatives of any thereof, shall have the meanings set forth herein: (a) "CATV" stands for Community Antenna Television System and shall mean a nonbroadcast facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment, under common ownership and control, that distributes or is designed to distribute to subscribers the signals of one or more television broadcast signals, but such term shall not include (1) any such facility that serves fewer than 50 subscribers, or (2) any such facility that serves or will serve only subscribers in one or more multiple dwellings units under common ownership, control, or management. (b) "Grantee" shall mean the person or organization to whom or which a franchise is granted by the City Council pursuant to this Article, and the lawful successor or assignee thereof. (c) "Service area" shall mean the area in which the grantee is permitted to provide subscribers with CATV service pursuant to a franchise granted under the provisions of this article. (d) "Street" shall mean the surface of, and the space above and below, a public street, road, highway, lane, alley, court, sidewalk, easement, parkway or drive now or hereafter existing as such within the City. (e) "Subscriber" shall mean any person receiving for any purpose any CATV service provided by a grantee. SECTION 2: That Section 15-251 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 15-251 Purpose of Article It is hereby declared and determined that the business of establishing and/or operating a CATV system for the purpose of supplying any person in the City of Santa Aha with televisions signals or radio signals by means of such CATV system or inhabitants of the said City, is in the nature of a public utility and, as such, should be regulated by the City. Also, the use of any public street or public property, or of any area proposed to be a public street for any of the above purposes is of great concern to the City and should be regulated by the City. It is the purpose of this Article to provide such regulation. ORDINANCE NO. NS-1461 PAGE TWO SECTION 3: That Section 15-252 of the Santa Aha Municipal Code, is hereby amended to read as follows: Sec. 15-252. Activities which are Unlawful Unless Authorized by City Franchise. It shall be unlawful for any person to establish or operate any community antenna television system in the City unless a francise therefor has first been obtained pursuant to the provisions of this Chapter, and unless such franchise is in full force and effect. It shall also be unlawful for any person to construct, install or maintain within any public street in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing television signals or radio signals through a community antenna television system, unless a franchise authorizing such use of such street, property or area has first been obtained pursuant to the provisions of this Article, and unless such franchise is in full force and effect. SECTION 4: That Section 15-253 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 15-253. Authority of Council to Grant Franchises. Whenever it deems such to be for the public good, the Council, subject to the provisions of Article XIII of the Charter of the City, may and is hereby empowered to grant, by ordinance, to any person, whether operating under an existing franchise or not, a non-exclusive franchise to operate or carry on the business of distributing to people in the City, or to people in a certain area or areas in the City, television signals or radio signals by means of a community antenna television system, and/or to construct, install or maintain within specified public streets in the City, or within other specified public property of the City, or, subject to approval of the owner of such private area, within any privately owned area in the City which has not yet become a public street but which is designated or delineated as a proposed public street on any tentative subdivision map which has been approved by the City any equipment or facilities for distributing television signals or radio signals by means of a community antenna television system. SECTION 5: That Section 15-254 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 15-254. Terms and Conditions. Ail franchises issued hereunder shall be non- exclusive. No provision of this Article shall be deemed to require restricting the number of franchises to one or any particular number and no provision of this Article shall be deemed to prohibit or prevent the Council from refusing to grant any franchise or franchises if and whenever it finds or believes that the grant of any such franchise or franchises is not for the public good. Ail franchises shall be subject to terms and conditions specified in the Charter of the City of Santa Ana and to terms and conditions specified in this Article. Also, in granting any franchise, the Council may prescribe such other and additional terms and conditions, not in conflict with said Charter or this Article, whether governmental or contractural in character, as in the judgment of the Council are in the public interest. -2- ORDINANCE NO. NS-146~ PAGE THREE SECTION 6: That Section 15-255 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 15-255. Applications for Franchises. Ail applications for franchises under the provisions of this Article shall be in writing, and shall be filed in the office of the City Clerk. Each application for a franchise shall contain the following information: (a) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main offices, major stockholders and associates, and the names and addresses of parent and subsidiary companies. (b) A statement of the type of franchise applied for, and a general description of what the applicant proposes to do pursuant to the requested franchise. (c) 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 the system. (d) A financial statement prepared by a certified public accountant, or otherwise satisfactory to the Council, showing applicant's financial status and his financial ability to complete the construction and installation of his proposed CATV system. (e) 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, group or corporation posing as a front or as the representative of another person, firm, group 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. The Council may at any time demand, and the 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. SECTION 7: That Section 15-256 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 15-256. Resolution Giving Notice of Application And Of Time and Place of Hearing Thereon. Upon receiving an application for a franchise under the provisions of this Article, the City Clerk shall present the same to the Council at the next regular meeting. The Council shall thereupon, or within a reasonable time thereafter, set the application for hearing in accordance with Section 1303 of the City Charter. -3- ORDINANCE NO. NS-1461 PAGE FOUR SECTION 8: That Section 15-257 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 15-257. Hearing of Application. At the hearing on an application for a franchise, the Council shall give all persons desiring to be heard a reasonable opportunity to present evidence or to be otherwise heard in favor of or in opposition to the granting of a franchise to the applicant. At such hearing, the Council may demand such additional information as it may deem relevant and necessary. The hearing may be continued or adjourned, from time to time, to a stated time and place without the giving of further notice. SECTION 9: That Section 15-258 of the Santa Ana Municipal, is hereby amended to read as follows: Sec. 15-258. Council's Decision on Application. Upon conclusion of the hearing on the application for a franchise, or within a reasonable time thereafter, the Council shall render its decision thereon. If it deems such action to be for the public good, it may refuse to grant the requested franchise, or it may, by ordinance, grant the same, or it may, by ordinance, grant such other CATV franchise as it may deem to be for the public good, subject to such terms, conditions, rules, regulations, restrictions and limitations, governmental or contractural in nature, as it may deem advisable to protect individual subscribers to the services of the CATV system, to preserve the rights, interests and liability of the City in its streets and public places, and to otherwise protect the interests of the City and its people. In making its decision, the Council shall consider the applicants legal, character, financial, technical, and other qualifications, and the adequacy and feasibility of its construction arrangements; and any other consideration that will safeguard the City's public interest. The CATV franchise granted by the Council to the applicant need not be identical to or the same as that requested by applicant, but may vary or be different therefrom. For example, the rights or privileges granted thereby may be less or more limited than those requested by applicant. No franchise shall be granted except by ordinance. No franchise shall become effective unless and until accepted by the grantee. SECTION 10: That Section 15-259 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 15-259. Acceptance of Franchise. Within twenty-five (25) days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the Council in its discretion may authorize, the successful applicant or grantee shall file with the City Clerk his written acceptance, in form satisfactory to the City Attorney, of the franchise, stating his agreement to be bound by and to comply with and to do all things required of him by applicable provisions of the City's Charter, provisions of this Chapter and provisions of the franchise. Such acceptance and agreement shall be acknowledged by the successful applicant before a notary public, and shall in form and content be satisfactory to and approved by the City Attorney. -4- ORDINANCE NO. NS-1461 PAGE FIVE SECTION 11: That section 15-260 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 15-260. Misdemeanors (a) It shall be unlawful for any person, firm or coporation to make any~unauthorized connection in physical contact with any part of a franchise CATV system within this City for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound. (b) It shall be unlawful for any person, firm or corporation to make any unauthorized connection in physical contact with any part of a franchised CATV system within this City for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound, without payment to the owner of said system. (c) It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound. SECTION 12: Sections 15-261, 15-262, 15-263, 15-264, 15-265, 15-266, 15-267, 15-268, 15-269, 15-270, and 15-271 of the Santa Aha Municipal Code are hereby repealed. SECTION 13: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 20th day of the following vote: November , 1978, by AYES: COUNCILMEN: Ward, Yamamoto, Brandt, Evans NOES: COUNCILMEN: None ATTEST: ABSENT: COUNCILMEN: Br~~ }~YOR ~PROVED AS TO FORM: ~/I~Attorney -5-