Ordinance No. 807 - Cable Television SystemsORDINANCE NO. 8q7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
AMENDING CHAPTER 5.28 OF THE ROSEMEAD MUNICIPAL CODE,
PROVIDING FOR THE ESTABLISHMENT AND GRANTING OF FRANCHISES
FOR THE MAINTENANCE AND OPERATION OF CABLE TELEVISION
SYSTEMS AND FOR THE CONTINUING REGULATION AND
ADMINISTRATION OF THESE FRANCHISES.
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THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN
AS FOLLOWS:
Unless expressly repealed or amended by the following sections, the existing provisions of
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Chapter 5.28 of the Rosemead Municipal Code entitled the "Cable Television Franchise Law of the
City of Rosemead," shall continue to be applicable.
SECTION I. Chapter 5.28 of Title 5 of the Rosemead Municipal Code is hereby amended in
the following particulars:
Section 5.28.020 DEFINITIONS is amended in the following particulars only:
A. The definition of "Additional Subscriber Service" is hereby amended to read as follows:
"Additional Subscriber Service" means any service not included in basic subscriber television
service, basic subscriber radio service or institutional service, as defined in this section, including, but
not limited to, pay cable, interactive services, cable modem services, and cable telephone services.
B. The definition of "Cable communications system" or "system, " is hereby amended to read
as follows:
"Cable communications system" or "system," sometimes referred to as "cable TV system,"
"CATV system" or 'broadband communications network," means a system of antennas, cables,
amplifiers, towers, microwave links, cablecasting studios, and any other conductors, converters,
equipment or facilities, designed and constructed for the primary purpose of distributing video
programming to home subscribers, and the secondary purpose of producing, receiving, amplifying,
storing, processing, or distributing audio, video, digital, or other forms of electronic or electrical
signals. Such term does not include:
1. A facility that serves only to transmit television signals of one (1) or more television
broadcast stations;
2. A facility that serves Subscribers without using any Public Right-ofWay;
3. A facility of a common carrier, which is subject in whole or in part to the provisions of
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Title II of the Federal Telecommunications Act of 1996, except that such facility shall be considered
Cable communications system to the extent such facility is used in the transmission of Video
Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-
demand services; or
4. 'An open video system that complies with Section 653 of the Federal Telecommunications
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Act of 1996; or
5. Any facilities of any electric utility used solely for operating its electric utility system.
C. The definition of "Channel " is hereby amended to read as follows:
"Channel" means a radio frequency band capable of carrying combinations of video, audio,
digital or other non-video signal, including a digitally compressed channel.
D. The definition of "Gross Annual Revenue" is deleted. A new definition is added as
follows:
"Gross Revenue" means all cash or other consideration received directly or indirectly by a
grantee and its affiliates, subsidiaries, parent, and any person in which a grantee has a financial
interest, or from any source whatsoever, arising from or attributable to the sale or exchange of cable
services by a grantee within the City or in any way derived from the operation of its system,
including, but not limited to, "Basic Subscriber Television Service," "Basic Subscriber Radio
Service," "Institutional Service," "Additional Subscriber Service," Premium and Pay Services, leased
channel fees, converter rentals or sales, revenue from cable Internet services, cable modem rentals or
sales, revenue from telephone and other services which may be provided over the Cable ,
Communications System, studio rental, and advertising revenues. Such gross revenues shall not be
reduced for any purpose other than as provided in this Chapter and shall be the basis for computing
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the fee imposed pursuant to Section 5.28.100 of this Chapter. Such gross revenue shall not include
converter deposits, modem deposits, or refunds to subscribers by the grantee, or items excluded by
Federal law.
E. The definition of "Year" is amended to read as follows:
"Year" means the remaining portion of 2000. Thereafter, "year" means a full calendar year.
Section 5.28.030 Grant of franchise is amended in the following particulars only:
Subsection B is amended to read as follows:
B. Basis for Award of Franchise. Pursuant to Federal and State law, the City Council may
base its award of a cable communications system franchise on the following criteria:
1. For every New Franchise:
a. Quality of service; and
b. Equal service for all areas of the City, without regard to income of the residents; and
c. Adequate public, educational, and governmental access channel capacity, facilities, and
financial support; and
d. Adequate assurance that the cable operator has the financial, technical, and legal
qualifications to provide cable service.
e. Any other consideration that will safeguard the local public interest.
2. For every Franchise Renewal:
a. Whether the cable operator has substantially complied with the material terms of the
franchise and with applicable law.
b. Whether the quality of the operator's service has been reasonable in light of community
needs.
c. Whether the cable operator has the financial, legal and technical ability to provide the
services, facilities and equipment set forth in the proposal.
d. Whether the operator's proposal is reasonable to meet the future needs and interests of the
community, taking into account the cost of those needs.
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Subsection E. Duration is amended to read as follows:
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E. Duration. The term of the franchise and all rights, privileges, obligations and restrictions
pertaining thereto shall not exceed ten (10) years from the effective date of the franchise unless
terminated sooner as hereinafter provided. No franchise shall be effective unless, within thirty (30)
days after approval by the Council, the grantee files in the appropriate office of the city a written
acceptance of the franchise.
Subsection I is added to read as follows:
1. Open Access. It is the policy of the City to encourage open access so that its residents may
utilize any Internet Service Provider, whether they receive their Internet Service by means of satellite
transmission, cable television, other Fiber Optic cables, or other means. If Federal Law permits
franchising authorities to require open access, the grantee shall permit open access to the fullest
extent permitted by law.
Section 5.28.060 Operation and maintenance is amended in the following particulars only:
Subsection A is amended to read as follows:
A. Open Books and Records. The grantee shall maintain an office within five (5) miles of the
City and shall manage all of its operations in accordance with a policy of totally open books and
records. The grantor shall have the right to inspect at any time during normal business hours, all
books, records, maps, plans, income tax returns, financial statements, service complaint logs,
performance test results and other like materials of the grantee which relate to the operation of the
franchise. Access to the aforementioned records shall not be denied by the grantor on the basis that
the records contain proprietary information.
Subsection C 2 is amended to read as follows:
C. Reports.
2. Monitoring and Compliance Reports. No later than April 15th of each year, the grantee
shall provide a written report of the FCC performance tests for the Cable Television System required
in Part 76, Section 76.601 of FCC Rules and Regulations. In addition, the grantee shall provide, .
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reports of the test and compliance procedures established by the franchise agreement, no later than
thirty (30) days after the completion of each series of tests.
Subsection D is amended to read as follows:
D. Maintenance and Complaints.
1. The grantee shall maintain an office within five (5) miles of the City which shall be open
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during all usual business hours, shall have a publicly listed toll-free telephone number, and be so
operated to promptly answer subscriber telephone calls and to act upon complaints and requests for
repairs or adjustments, on a twenty-four (24) hour basis. A written log shall be maintained listing all
complaints and their disposition. Grantee shall maintain a location within the City for the making of
payments, which shall be open during normal business hours and a reasonable number of evening and
weekend hours, unless grantee establishes to the satisfaction of grantor, hardship sufficient to excuse
grantee from this requirement.
2. The grantee shall render efficient service, make repairs promptly, and interrupt service only
for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be
preceded by notice and shall occur during period of minimum use of the system. A written log shall
be maintained for all service interruptions.
3. The grantee shall not refuse to provide service to any customer or prospective customer
conditioned upon such person providing a Social Security number to grantee if such person provides
a driver's license number or California I.D. number. Existing customers of the grantee will not be
asked more than the last four digits of their Social Security number or drivers license/California I.D.
number. After establishment of an account, existing customers may set up an individualized Personal
Identification Number (PIN) for use in verifying identity. No number will be required as a
prerequisite to ordering routine repair service by existing customers.
4. The grantee shall maintain a repair force of technicians capable of responding to subscriber
complaints or requests for service within twenty-four (24) and forty eight (48) hours after receipt of
the complaint or request, respectively. Repair service appointments shall be offered in four hour
blocks. No charge shall be made to the subscriber for repair service unless the problem was caused
by an act of the subscriber.
5. The grantor shall ensure that all subscribers, programmers, and members of the general
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public have recourse to a satisfactory hearing of any complaints, where there is evidence that the
grantee has not settled the complaint to the satisfaction of the person initiating the complaint. The
grantor shall establish procedures for handling and settling complaints.
Section 5.28.070 Regulation of franchise and rates is amended in the following particulars only:
A new preamble is added, preceding subsection A, to read as follows:
Regulation of rates and other terms for the provision of service to customers as set forth
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hereinbelow shall be subject to and limited by applicable restrictions imposed by Federal and State
law. If and when such restrictions are removed or modified, enforcement of provisions hereof which
are not currently fully enforceable shall be enforced to the maximum extent permitted by law.
Section 5.28.140 Miscellaneous Provisions is amended in the following particulars only:
Subsection A is amended to read as follows:
A. Compliance with Laws. Notwithstanding any other provision of this Ordinance or the
franchise to the contrary, the grantee at all times shall comply with all laws and regulations of the
state and federal government or any administrative agencies thereof, provided, however, if any such
state or federal law or regulation shall require the grantee to perform any service, or shall permit the
grantee to perform any service, or shall prohibit the grantor from enforcing provisions of this
Ordinance or the franchise, or shall prohibit the grantee from performing any service in conflict with
the terms of the franchise or of any law or regulation of the grantor, then, as soon as possible
following knowledge thereof, the grantee shall notify the grantor of the point of conflict believed to
exist between such regulation or law and the laws or regulations of the grantor or the franchise.
If the grantor determines that a material provision of this chapter is affected by any
subsequent action of the state or federal government, the grantor shall have the right to modify and/or
interpret any of the provisions of this chapter to such reasonable extent as may be necessary to carry
out the full intent and purpose of this chapter consistent with said regulation or law.
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Section 2. This Ordinance has been determined to be exempt from the California
Environmental Quality Act pursuant to State Guidelines § 15061 (b)(3) as a project that has no
potential for causing a significant effect on the environment.
Section 3. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this ?7 day of 12000.
Mayor
City of Rosemead
ATTEST:
City Clerk
City of Rosemead
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD
• I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 807 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
AMENDING CHAPTER 5.28 OF THE ROSEMEAD MUNICIPAL CODE,
PROVIDING FOR THE ESTABLISHMENT AND GRANTING OF FRANCHISES
FOR THE MAINTENANCE AND OPERATION OF CABLE TELEVISION SYSTEMS
AND FOR THE CONTINUING REGULATION AND ADMINISTRATION OF THESE
FRANCHISES
was duly adopted at a regular meeting of the Rosemead City Council on the 27th'h day of June,
2000, by the following vote to wit:
YES: COUNCILMEMBERS, VASQUEZ, BRUESCH, CLARK, IMPERIAL,
NO: NONE
• ABSENT: NONE
ABSTAIN: -NONE
CITY CLERIC