Ord 1772 - AMENDING CHAPTER 9 OF THE TOWN CODE TO UPDATE AND COMPLY WITH FEDERAL REGULATIONS OF CABLE TELEVISIONORDINANCE NO: 1772
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 9
OF THE TOWN CODE TO UPDATE AND COMPLY WITH FEDERAL
REGULATIONS OF CABLE TELEVISION
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION 1
Section 9.20.080 of the Town Code is hereby repealed.
SECTION 2
Section 9.30.010 of the Town Code is hereby amended to read as follows:
Sec. 9.30.010. Grant.
In the event that Grantor shall grant to a Grantee a revocable franchise
to construct, operate, install, maintain, and reconstruct a Cable
Communications System within the Town, said franchise shall constitute both
a right and an obligation to provide the services of a Cable Communications
System as required by the provisions of this ordinance and any franchise
agreement.
Any franchise granted under the terms and conditions contained herein
shall be consistent with the statutory requirements of both the State of
California and the U.S. Cable Communications Act of 1984 (or any subsequent
act). In the event of conflict between the terms and conditions of the
franchise and the terms and conditions under which the grantor can grant a
franchise this Chapter and /or statutory requirements shall, without
exception, control.
Any franchise granted is hereby made subject to the general ordinance
provisions now in effect or hereafter made effective. Nothing in the
franchise shall be deemed to waive the requirements of the various codes
and ordinances of the Town regarding permits, fees to be paid or manner of
construction, except as provided in the last sentence of section 9.30.045(a)
hereof.
SECTION 3
Section 9.40.035(b) of the Town Code is hereby amended to read as follows:
Section 9.40.35. Triennial review of performance.
(b) Upon completion of a performance audit, the Grantor and Grantee
shall meet publicly to review the performance, quality of service of the
Cable Television System. The reports required herein regarding subscriber
complaints, the records of performance tests and the opinion survey report
shall be utilized as the basis for review. In addition, any subscriber may
submit complaints during the review meetings, either orally or in writing,
and these shall be considered.
SECTION 4
Section 9.40.040(c) of the Town Code is hereby amended to read as follows:
Section 9.40.040 System and services review.
(c) Topics for discussion and review at the System and Services Review
Sessions shall include but shall not be limited to, services provided,
application of new technologies, system performance, programming,
subscriber complaints, user complaints, rights of privacy, amendments to
the franchise, undergrounding processes, developments in the law, and
regulatory constraints.
SECTION 6
Section 9.40.055 of the Town Code is hereby repealed.
SECTION 7
Section 9.60.010(f) of the Town Code is hereby repealed.
SECTION 8
Section 9.60.010(h) of the Town Code is hereby repealed.
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SECTION 9
Section 9.90.050(a)(2) of the Town Code is hereby amended to read as
follows:
Section 9.90.050. Construction and technical standards.
(a)(2) Compliance with Electrical Codes. All installation of
electronic equipment shall be of a permanent nature, durable and installed
in accordance with the provisions of the 1987 National Electrical Code as
amended.
SECTION 10
Section 9.120.015 of the Town code is hereby amended to read as follows:
Section 9.120.015. Separability - Material Provisions.
Should the State of California, the FCC, or any other agency of the
state or federal government or a court of competent jurisdiction require or
allow Grantee to perform or cease to perform any act which is inconsistent
with any provisions of this franchise, Grantee shall so notify Grantor.
Upon receipt of such notification, Grantor shall determine if a material
provision of the franchise is affected. Upon such determination, Grantor
shall have the right to modify any of the provisions of this franchise to
such reasonable extent as may be necessary to carry out the full intent and
purpose of the franchise. Grantee agrees to fully cooperate in pursuing
any modifications or amendments of the franchise as may be necessary to
carry out the intent of the parties hereto. Grantor may terminate the
franchise in the event Grantor reasonably determines a substantial material
compliance with the original proposed terms of the franchise has been
frustrated by such state or federal requirements. For the purposes of this
Section, and not by way of limitation, any provision of this ordinance, or
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any franchise granted pursuant to it, which relates to the prepayment of
franchise fees, public access or local fees, or any other financial
inducement to the Grantor or its agents under the terms of this franchise,
shall be deemed to be material and any preemption or nullification of any
of these provisions shall be deemed to be grounds for amendment and /or
termination pursuant to this section.
Any determination by the Grantor under this paragraph shall be based
upon written findings, and such findings shall be based on substantial
evidence.
SECTION 11
This ordinance takes effect 30 days after it is adopted. Within 15 days
after this ordinance is adopted the Town Clerk shall cause it to be published
once in a newspaper of general circulation published and circulated in the
Town.
This ordinance was introduced at a regular meeting of the Town
Council of the Town of Los Gatos on November 21 , 1988 and adopted by the
following vote as an ordinance of the Town of Los Gatos at a regular
meeting of the Town Council of the Town of Los Gatos on December 5 1988.
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AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrito,
Robert L. Hamilton, and Mayor Joanne Benjamin
none
NOES: COUNCIL MEMBERS
ABSTAIN:
Brent N. Ventura
COUNCIL MEMBERS
none
ABSENT: COUNCIL
SIGNED:
ATTEST:
$R. DEPUTY CLERK OF THE TOWN LOS GATOS
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