ORD 196 ORDINANCE NO. 196
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES GRANTING A
FRANCHISE FOR A CABLE TELEVISION SYSTEM
TO TIMES MIRROR CABLE TELEVISION OF PALOS
VERDES PENINSULA. INC.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES ORDAIN AS FOLLOWS:
1. Definitions.
Except as set forth below. all words, terms,
phrases and their derivation shall have the meanings as set
forth in Chapter 13-12 of Title 13 of the Rancho Palos Verdes
Municipal Code (the "Code" ) . When referring to the Code
herein, the terms and conditions of Chapter 13.12 of Title 13
of the Code in effect on the date hereof (except as otherwise
specifically provided by this Ordinance) shall be deemed the
applicable terms and conditions.
a. Basic Subscriber Service - the tier of
service regularly provided to all subscribers that includes the
retransmission of unaltered local broadcast signals and the
cablecasting of programming on the public, educational, and
government access channels. The definition in Section
13.12.020(4) of the Code shall not apply.
b. Completed System - the Operator has provided
connections or made service available to all dwelling units and
institutional and commercial facilities in the franchise area,
except for those units subject to the line extension policy and
those units and facilities that cannot be served because a
private property owner has denied Operator access and no
alternate routes are available. The definition in Section
13.12.020(11) of the Code shall not apply.
c. Service Area - that portion of the City
shown in Exhibit A. The definition in Section 13. 12.020( 33) of
the Code shall not apply.
2. Grant of Franchise.
a. Times Mirror Cable Television of Palos
Verdes Peninsula, Inc. is hereby granted a non-exclusive
revocable franchise to construct, operate and maintain a Cable
Television System within the City. This Franchise is granted
in accordance with the requirements contained in Chapter 13.12
of Title 13 of the Rancho Palos Verdes Municipal Code as in
-1- Ord. No. 196
851113 pf 0051SLD(6)
effect on the date hereof, the provisions of applicable law and
the terms and conditions agreed to herein. The terms of this
Franchise shall be deemed to include the terms and conditions
of the Code in effect on the date hereof, the terms and condi-
tions of this Franchise and the terms and conditions of
Operator ' s Proposal for Cable Television Service in the City of
Rancho Palos Verdes dated June 21, 1985 (the "Proposal" ) .
b. The term of this Franchise shall be for a
period of fifteen years. The Franchise term will commence on
the date of Operator ' s acceptance hereof, rather than the date
provided in Section 13.12.030 of the Code.
3. Construction and Service Schedule.
a. Construction and service shall be provided
in accordance with the timetable presented in Chapter 4, pp. 29
and 30, of Operator 's Proposal. Within ninety (90) days after
acceptance of this Franchise, Operator shall proceed with due
diligence to obtain all necessary permits and authorizations
which are required in the conduct of its business. Operator
shall notify City in writing when all such authorizations and
permits have been obtained.
b. Operator may begin, at its own risk,
incidental construction of the System as of the effective date
of this franchise, but such incidental construction will not be
construed to be the beginning of System construction.
c. Operator shall begin system construction not
later than thirty (30) days after obtaining all necessary
permits and authorizations or six months after franchise
acceptance, whichever is earlier . Operator shall complete
system construction not more than eighteen (18) months after
commencement of construction.
d. The terms of Section 13.12. 400 of the Code
shall not apply.
4. General System Standards.
Operator shall establish, construct, operate and
maintain the Cable Television System in accordance with the
standards set forth in the Times Mirror Cable Television System
Design and Specifications set forth in Exhibit B. The terms of
this paragraph shall control Operator ' s obligations, and the
terms of Section 13.12.340(A) , (E) and (F-second Paragraph) and
Section 13.12.420 of the Code shall not apply.
-2- Ord. No. 196
851113 pf 0051SLD(6)
5. Access Equipment and Support.
a. Operator will provide the equipment listed
in Paragraphs B and C of Exhibit C for use by the City, the
public, and Operator to produce programming. Use by City
residents will be in accordance with rules and regulations
established by the Operator, until such time as the Cable Usage
Corporation is established and establishes new rules and
regulations.
b. Operator will also provide the equipment
listed in Paragraphs A and D of Exhibit C for the exclusive use
by City. City shall own and control said equipment and may
permit the use thereof by others under such rules and
regulations as the City Council deems appropriate.
c. Operator shall maintain all equipment listed
in Exhibit C in good working order. Operator will not be
required to repair or replace equipment damaged by the
negligent actions of City officers, employees or residents.
Operator must replace or repair equipment that becomes
inoperative or does not function properly due to normal wear
and tear .
6. Institutional Drops.
Operator will provide free drops not to exceed
one hundred fifty feet from property line to connect to the
System all public buildings upon request and those non-profit
institutions listed in Exhibit D. Nothing in this Section is
intended to obligate the Operator to perform the actual wiring
of the buildings themselves other than providing service to one
outlet in each building.
7 . Rates.
The rates and other charges and fees charged by
Operator are subject to change at any time during the term of
this Franchise without prior approval by the City, except as
otherwise provided in this Section, subject to 30 days prior
written notice to subscribers and 60 days prior written notice
to the City. Regulation of rates by the City is subject to
applicable state and federal law. Sections 13.12. 500 and
13.12. 510 of the Code shall not apply, unless City is
subsequently permitted by a change in the law to regulate
rates. In such event Sections 13.12. 500 and 13.12.510 shall
apply only to the limited extent of the regulation of monthly
rates for a "lifeline service. " "Lifeline service" shall mean
the tier of service upon which broadcast signals are carried.
Such service need not include more than twelve channels.
-3- Ord. No. 196
851113 pf 0051 SLD(6)
8. Franchise Fee.
Operator shall pay to City a franchise fee as
provided in Section 13.12. 300 of the Code. However, in no
event shall such fee exceed the maximum permitted by the rules
and regulations of the FCC for the franchise granted
hereunder. In no event shall the franchise fee be reduced
unless required in order to comply with the rules and
regulations of the F.C.C.
9 . Subscriber Refund Policy.
If service to any subscriber is interrupted in
its entirety for twenty-four ( 24) or more consecutive hours, as
measured from the time subscriber calls in or otherwise
registers a complaint, either verbally or in writing, with
appropriate representatives of Operator, and said interruption
is not due to intentional or negligent acts of subscriber,
Operator shall grant such subscriber a pro rata credit or
rebate of his or her monthly service charge during the next
business cycle, or, at the Operator ' s option, apply such credit
to any outstanding balance then currently due. This section
supercedes Section 13.12.840(F) of the Code.
10. Insurance.
Operator shall provide evidence of insurance or
self-insurance reasonably satisfactory to the City, meeting the
standards provided in Section 13.13.550 of the Code.
11. Regulatory Action.
The performance by the Operator hereunder is
subject to limitations, restrictions, or requirements now
existing or which may henceforth be imposed by law, rules or
order of the FCC, or any other government, board, commission,
or authority of any kind. The Operator shall not be deemed in
breach of any of the requirements of this Franchise to the
extent that it acts or refrains from acting in compliance with
any such law, rule or order.
12. Force Majeure.
The terms of Cable Ordinance Section 13.12.720
shall apply except that Operator ' s inability to obtain
necessary permits and licenses from governmental authorities
and utilities shall be deemed to be a force majeure cause,
unless Operator 's actions or inactions are the cause of the
failure to obtain the permits and licenses.
-4- Ord. No. 196
851113 pf 0051 SLD(6)
13. Conflict.
If there exists a conflict between the terms of
the Cable Ordinance and terms of this Franchise or the
proposal, the terms of the Franchise, the Cable Ordinance and
the Proposal, in that order, will control Operator ' s
obligations.
14. Programming Services.
Operator will provide the following categories of
programming: entertainment, governmental, community, sports,
news and educational; provided, however, that, at all times,
the services provided over the channels of the System shall be
subject to the control of Operator.
15. Amendments and Waivers.
No course of dealing between City and Operator
and no delay on the part of the City in exercising any rights
hereunder shall operate as a waiver of the rights of either
party. No term, condition, covenant or other provision of this
Franchise Agreement nor any default in connection therewith may
be waived other than by a written instrument signed by the
party so waiving such term, condition, covenant or other
provision or default. Amendments of or additions to this
Franchise Agreement may be made, and compliance with any term,
covenant, condition or provision set forth herein may be
omitted or waived, by written instrument duly executed by the
parties hereto.
16. Compliance With Law.
Operator agrees that in all matters connected
with this Franchise, including without limitation the
construction, expansion, maintenance and operation of the
System, it will at all times comply with all applicable
provisions of federal, state and local laws, regulations,
by-laws and standards, including without limitation, all appli-
cable equal employment opportunity and anti-discrimination
laws, rules and regulations.
II/ 17. Customer Relations.
In addition to the other provision of this
Franchise Agreement or the Code dealing with service and other
relations between Operator and System subscribers or customers,
the following requirements shall be applicable:
-5- Ord. No. 196
851113 pf 0051 SAD(6)
Operator shall expeditiously act in resolving
customer complaints. For all customer service
complaints which are not resolved to the customer ' s
satisfaction within ninety ( 90) days of Operator ' s
receipt of the complaint, the Operator shall provide
to the customer written notice of the complaint and
appeal procedures specified in this Franchise. This
notice shall specifically inform the customer of the
right to appeal to the City Manager or his designee,
and the power of the City, in appropriate circum-
stances, to order an abatement of the bill for the
entire period that the complaint has remained
unresolved as final resolution of the complaint. If a
customer requests a copy of the appeal procedure prior
to the end of the 90 day period, Operator shall
provide customer with a written copy thereof.
18. Line Extension Policy
For future subdivisions not approved as of the
date this Franchise is accepted by Operator, Company shall
provide cable distribution to all dwelling units in said
subdivision, provided, if the density of said subdivision has a
density of a least 85 homes per street mile, Operator shall
provide cable distribution free of charge, except for the
normal connection fee; or, if said subdivision has a density of
less than 85 homes per street mile, property owners agree to a
contribution in aid of construction based on the following
formula:
Subscriber ' s = Estimated cost Actual cost of CPI
Contribution of construction construction Multiplier
per projected per subscriber
subscribers in for entire
future subdi- service area
visions
The "estimated cost of construction per projected
subscriber" shall be computed using Operator 's construction
cost estimates and subscriber projections for future
subdivisions; "actual cost of construction per subscriber"
shall be based on Operator ' s actual costs of completing its
cable systems in the service area and actual subscriber numbers
ninety (90) days following system completion; and the "CPI
multiplier" is the number that will adjust the actual cost of
construction per subscriber amount for increases due to
inflation. The "CPI" referred to herein shall be the Consumer
Price Index for Long Beach/Los Angeles/Anaheim area or if no
longer published. a similar index to be mutually agreed upon.
-6- Ord. No. 196
851113 pf 0051 SLD(6)
19. Drop Policy
Operator shall provide cable television service
to all dwelling units and commercial establishments that
request service; provided, in the case where the length of the
drop does not exceed one hundred fifty (150) feet from property
line, the prospective subscriber agrees to pay the normal
connection charge, or, in the case where the length of the drop
exceeds one hundred fifty (150) feet from property line, the
prospective subscriber agrees to pay the normal connection
charge and, in addition, the cost of labor, materials and
administration for the portion of the drop in excess of one
hundred fifty (150) feet from property line.
20. Signal Leakage
Operator will adhere to all Federal Communica-
tions Commission requirements to insure signal leakage control.
a. In order to insure quality control, Operator
shall install Leakage Detectors in installer and technician
vehicles for constant monitoring.
b. Cable plant will be inspected four times
annually to measure or detect leakage.
c. All equipment selected for construction and
installation will meet or exceed signal leakage requirement
specifications.
d. System will maintain contact with known
shared frequency users to provide a "hotline" for report of
harmful interference.
e. When found, leakage problem will be
corrected within 24 hours or as soon, thereafter, as possible.
21. Miscellaneous
a. The parties agree that a "change in control"
under Section 13.12.180 of the Code shall be deemed not to have
occurred unless any person or group has acquired or accumulated
50 percent or more of the voting shares of Operator.
b. The parties agree that, notwithstanding
Section 13.12.250 of the Code, Operator may make available (but
may not sell) lists of the names and addresses of subscribers
to third parties necessary for the normal course of CATV
business, such as for the mailing of programming guides, all in
accordance with applicable federal law.
-7- Ord. No. 196
851113 pf 0051SLD(6)
c. Pursuant to Section 13.12 . 310 of the Cable
Ordinance, Operator shall provide an irrevocable letter of
credit for the security fund deposit in the amount of $5,000.
Following completion of the System, Operator may reduce said
deposit to $2,500. Grantee shall insure that there is never
less than $1,000. 00 in said fund and shall immediately
replenish the fund anytime it falls to $1,000 . 00 or less. This
subsection shall supercede the requirement in Section 13.12.830
of the Code that the City may increase the amount of the
security fund.
d. The City may examine franchise property not
normally accessible to the public by giving 24 hours notice to
Operator.
e. Section 13.12. 700 of the Code shall not be
applicable and the following shall apply: If Operator fails to
perform in a timely manner any obligation required by the Cable
Ordinance this Franchise or the Proposal, City may at its
option and sole discretion pursue the following remedies;
(1) Assess against Operator a penalty of up
to $500 per day ($250 per day following completion of the
system) . The amount of said assessment shall be adjusted on
the sixth and eleventh anniversary dates of this ordinance in
accordance with the following formula:
(a) If, 60 days prior to said anniversary dates,
the Consumer Price Index for All Urban Consumers, Los Angeles -
Long Beach - Anaheim area, (1967 equals 100 . 0) prepared by the
United States Bureau of Labor Statistics, Department of Labor,
shall stand at a level different than the "base level" (as
defined hereinafter) then the assessment amount for the ensuing
five year period shall be adjusted in direct proportion as said
Index has increased or decreased from the "base level. " "Base
level" for the purposes of this section shall be the level of
the Index 60 days prior to the effective date of this
Ordinance.
(b) If said Bureau shall discontinue the
preparation of said Consumer Price Index for All Urban
Consumers, Los Angeles - Long Beach - Anaheim area using prices
prevailing in 1967 as the base of 100, and if no transposition
table prepared by said Bureau is available which is applicable
to said year, 1967, then the assessment shall be computed by
using the successor or most nearly comparable successor Index
thereto.
-8- Ord. No. 196
851113 pf 0051 SLD(6)
Such assessment shall be chargeable first to the
security fund and then to the faithful performance bond
required herein, if not tendered by Operator within five ( 5)
days after the assessment has been imposed. Such assessment
shall not constitute a waiver by City of any other remedy or
right it may have under this Franchise or applicable law. Such
assessment shall not continue to be charged in connection with
a violation should City commence proceedings pursuant to
subsection ( 2) of this Section in connection with the same
violation during the first consecutive ninety (90) days
following initial imposition of the assessment for the
violation.
( 2) For a material violation, revoke the
franchise for any of the causes stated in Section 13.12.730 of
the Code, as modified by Section 21(h) of this Franchise.
( 3) Obtain judicial enforcement of
Operator ' s obligations by means of specific performance,
injunctive relief, mandate, or other remedies at law or in
equity, provided that franchise revocation and specific
performance shall constitute mutually exclusive remedies.
( 4) Where the violations are of a technical
nature, or are for non-compliance with FCC rules and
regulations, ask the FCC to enforce its rules and levy fines
for violations as provided in the FCC rules. This remedy shall
not be mutually exclusive with any other remedy.
g. Section 13.12.710(D) of the Code shall not
be applicable to this Franchise.
h. The condition in Section 13.12.730(C) of the
Code shall not be a condition upon which City may revoke this
Franchise. Further, City shall have no power to revoke under
Section 13.12.730 (A) , (E) and (G) unless the default, breach
or error of Operator cited in said section is material.
i. Section 13.12.840(E) of the Code shall not
obligate the Operator to obtain the permission of the property
owner for installation of any equipment where such permission
is not required by law.
j . Not later than the effective date of this
Ordinance, Operator shall file with the City Clerk its
authorized written acceptance of this Franchise and its
agreement to be bound by and comply with all the requirements
hereof. An acceptance which constitutes a qualified acceptance
shall not be deemed to be an acceptance.
-9- Ord. No. 196
851113 pf 0051 SLD(6)
k. The Operator shall operate its System
continuously on a twenty-four ( 24) hour per day, seven (7) days
per week basis. It shall be the right of all subscribers to
receive all available System services, subject to the prompt
payment of all applicable charges.
1. If Operator decides to sell 50% or more of
its assets to an unaffiliated third party or if Operator ' s
owner decides to sell all of the stock it owns in Operator to
an unaffiliated third party, then Operator shall give written
notice to City of said intent at such time as Operator or its
immediate owner offers said stock or assets for sale; provided
that this paragraph shall not be deemed to grant any right of
first refusal or option to purchase with respect to such
intended sale.
m. Notwithstanding the provisions of Section
13.12020( 20) , Times Mirror Cable Television of Palos Verdes
Peninsula, Inc. need not provide a guarantor to guarantee its
obligations under this franchise.
PASSED, APPROVED, AND ADOPTED this 3rd day of
December, 1985.
ayor
ATTEST:
p.. le ,
City Clerk
1
III
-10- Ord. No. 196
851113 pf 0051 SLD(6)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) s.s.
CITY OF RANCHO PALOS VERDES )
I, Jo Purcell, City Clerk of the City of Rancho Palos
Verdes do hereby certify that the whole number of members of
the City Council of. said City is five; that the foregoing
ordinance, being Ordinance No. 196, passed first reading on
November 19, 1985, was duly and regularly adopted by the City
Council of said City at a regular meeting thereof held on
December 3, .1985, and that the same was passed and adopted by
the following roll call vote.
AYES: Hughes, Bacharach, McTaggart, & Mayor Hinchliffe
NOES: None
ABSENT: RYAN
ABSTAIN: NONE
City-Clerk
-11- Ord. No. 196
851113 pf 0051 SLD(6)
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A copy of the Times Mirror Cable Television System Design and
Specifications is on file in the Office of Community Services,
City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho
Palos Verdes, CA 90274.
-13- EXHIBIT B Ord. No. 196
860107 pf 0051SLD
A. Government Access Equipment:
1. Portable Studio with/
2 cameras, studio viewfinders
1 control panel (KSL 100)
2 microphones
2 portable lights
2 tripods with dollies
2. Video tape recorder (1/2 inch VHS)
3. Color monitor (13" )
All cables, connectors and necessary ancillary equipment
required for operation.
B. Public Access Equipment:
2 permanent studio cameras and operable equipment
1 portable camera
2 tripods
1 studio control rack with:
3 monitors
video switcher
audio control panel
1 portable recorder ( 3/4)
1 vectorscope
1 waveform monitor
7 studio lights
3 portable lights
1 character generator (can be used in post production)
4 microphones
All cables, connectors and necessary ancillary equipment
required for operation.
C. Post Production Equipment:
1 editor
2 monitors
1-3/4 inch tape recorder
1-1/2 inch tape recorder
1 character generator (can be used in production)
1 audio cassette
1 turntable
1 microphone
All necessary cables, connectors and accessories required for
effective editing, including titling and audio overlay.
D. City Use Only Equipment:
1 portable camera/recorder (1/2 inch VHS)
11/
-14- EXHIBIT C Ord. No. 196
860107 pf 0051SLD(6)
INSTITUTIONAL DROPS
Grantee agrees to provide upon request free drops and free basic
service at each of the following locations:
1. Each municipal facility owned and/or operated by the
City of Rancho Palos Verdes.
2. Each public school facility.
3. Each governmental facility.
4. Each community-based fixed site non-profit facility
as determined by the City.
-15- EXHIBIT D Ord. No. 196
860107 pf 0051 SLD(6)
ORDINANCE/RESOLUTION NO. 196 FILET/
SUBJECT: GRANTING A FRANCHISE MLA CABUI TFJ;EVT51ON SYSTEM TO TTMES MIRROR CABLE TELEVISION
OF PALOS VERDES PENINSULA. INC.
INTRODUCED: ///J?/FI ADOPTED: 12/3/85 POSTED/PUBLISHED
ORDINANCE DISTRIBUTION: RESOLUTION DISTRIBUTION:
City Attorney ___ PUBLIC WORKS DEPARTMENT
Richards, Watson, Dreyfuss & Gershon •
333 Sout h Hope S t. ,e 38th Floor ENVIRONMENTAL SERVICES
Los Angeles, CA 90071.
LEISURE SERVICES
ZBOOK PUBLISHING COMPANY
201 Westlake Avenue N. .._COKMUNITY SERVICES DEPT.
Seattle, WA 98109
CITY MANAGER
PACIFIC TELEPHONE
19310 Gateway Drive, Rm 208 STATION COMMANDER
Torrance, CA 90502 26123 Narbonne Ave.
Lomita, CA 90717
SOUTHERN CALIF. WATER SERVICE
P. 0. Box 2490 COUNTY ASSESSOR
P.V.P-. , CA 90274 500 Hall of Administration
Los Angeles, CA 90012
REGISTRAR
5557 'Ferguson Drive _LEAGUE OF CALIFORNIA CITIES
Los Angeles, CA 90022 702 Hilton Center
ATTN: Margaret Miller Los Angeles, CA 90017
Election Administration
.� L.A. COUNTY DEPT. of PUBLIC WORKS
RECORDER ATTN: City Services
227 N. Broadway 1540 Alcaiar Street
Los Angeles, CA 90012 Los Angeles, CA 90033
SCHOOL ____SPCA
5026 West Jefferson Blvd.
HOMEOWNERS ASSOCIATION Los Angeles, CA 90016
APPLICANT __w___SO. CALIFORNIA GAS COMPANY
22741 Hawthorne Blvd.
T.M. CABLEVISION Torrance, CA 90501
31244 P.V. Drive West, Suite 207
Rancho Palos Verdes, CA 90274 _____S0. CALIFORNIA EDISON CO.
P. 0. Box 2944
Torrance, CA 90509
POSTED
CITY HALL
•
U. S . POST OFFICE
L.A. COUNTY FIRE STATION