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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.
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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.
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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.
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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
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