§ 1060-519. FRANCHISE—REGULATIONS GENERALLY

(a)

When not otherwise prescribed in this chapter, all matters required in this chapter to be filed with the County shall be filed with the County Clerk.

(b)

The Grantee, without charge, shall provide all subscriber services of its system, including multiple-connection services, to all public and nonprofit private schools, County police and fire stations, County recreation centers, and such other buildings owned or controlled by the county, which shall from time to time be designated by the County Administrative Officer; provided, however, such buildings shall be located within the franchise area. The Grantee shall install, without charge to the County or such public or private schools, up to 200 feet of service connection from the transmission cable otherwise maintained or required to be maintained by the Grantee for the service of paying subscribers of the Grantee. The County or any such public or private schools will pay to the Grantee the costs of all labor and materials supplied by the Grantee for the installation of any service connection in excess of the initial 200 feet.

(c)

In the case of any emergency or disaster, the Grantee, upon request of the County Administrative Officer, shall make available its facilities to the County for emergency use during the emergency or disaster period.

(d)

The Grantee shall not engage directly or indirectly in the business of selling, leasing, renting, furnishing, providing, repairing, or servicing any television, radio, or other receiving apparatus, or any component part thereof, within the county; and such prohibition shall extend and apply to the officers and directors of the Grantee, to all general and limited partners of the Grantee, to any person or combination of persons owning, holding, or controlling 5% or more of any corporate stock or other ownership interest of the Grantee, or any affiliated or subsidiary entity owned or controlled by the Grantee, or in which any officer, director, stockholder, general or limited partner, or person or group of persons holding or controlling any ownership interest in the Grantee, shall own, hold, or control 5% or more of any corporate stock or other ownership interest; and such prohibition shall extend and apply to any person, firm, or corporation acting or serving in the capacity of a holding or controlling company of the Grantee.

(e)

The Grantee shall be prohibited from deleting, revising, adding to, or substituting any program of any television or FM Radio broadcast station carried by the Grantee, whether with or without the consent of such station, without the prior written approval for good cause shown of the Board and then only upon such terms as the Board shall prescribe.

(f)

The Grantee shall maintain an office within the County limits, or at a location which subscribers may call without incurring added message or toll charges, so that CATV maintenance service shall be available promptly to subscribers. The County Clerk, on behalf of the County, shall receive complaints regarding CATV service.

(g)

No person, firm, or corporation in the existing service area of the Grantee shall be arbitrarily refused service, provided, however, the Grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge.

(h)

Before the Grantee provides service to any subscriber, the Grantee shall obtain a signed contract from the subscriber containing a provision substantially as follows: "The subscriber understands that in providing service the Grantee is making use of public rights-of-way within the County and that the continued use of these public rights-of-way is in no way guaranteed. In the event the continued use of such rights-of-way is denied to the Grantee for any reason, the Grantee will make every reasonable effort to provide service over alternative routes. The subscriber agrees he will make no claim nor undertake any action against the County, its officers, its employees, or the Grantee if a service to be provided by the Grantee hereunder is interrupted or discontinued because the continued use of such rights-of-way is denied to the Grantee for any reason." The form of the Grantee's contract with its subscribers shall be subject to approval of the County Counsel with respect to the inclusion of this provision.