Sec. 8-18. - Authority of county.

Nonexclusive licenses to construct, operate and maintain CATV systems, within all or any portion of the unincorporated area of the county may be granted by the board of supervisors to any persons who offer to furnish and provide such systems under and pursuant to the terms and provisions of this chapter.

No provision of this chapter shall be deemed or construed to require the granting of a license when, in the opinion of the board of supervisors, it is in the public interest to restrict the number of licensees or to refuse to grant any licenses for a proposed service area. Neither the granting of any non-exclusive license under the provisions of this chapter nor any of the provisions contained herein shall be construed to prevent the county from granting any identical, or similar, non-exclusive license to any person within all or any portion of the county.

(Ord. No. 1068 § 3.)

Sec. 8-19. - Applications generally; fee.

Applications for licenses under the provisions of this chapter shall be made in writing on forms provided by the county. Said application shall be accompanied by an application fee in the amount of two hundred fifty dollars ($250.00), payable to the County of Sonoma. Said application and fee shall be filed with the director of the department of public works of the county. Said application fee shall cover the expenses incurred by the county in processing said application and shall not be refunded in the event said application is withdrawn or denied.

(Ord. No. 1638 § 1.)

Sec. 8-20. - Form and contents of application.

The application required by section 8-19 shall be submitted on a form prescribed by the board of supervisors which shall contain such information as such board deems necessary to determine whether the requested license should be granted.

(Ord. No. 1068 § 30.)

Sec. 8-21. - Consideration and approval of application.

(a)

Upon consideration of any application for a license under the provisions of this chapter, the board of supervisors may refuse to grant the requested license or the board may, by resolution, grant a license for a CATV system to any such applicant as may appear from such application to be, in its opinion, qualified to render proper and efficient CATV service to television viewers and subscribers in the proposed service area. Such board's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form part of the license as granted.

(b)

Prior to the consideration of the application for a license or any application for a modification of an existing license, the board of supervisors shall conduct a public hearing noticed and heard in accordance with Section 8-47

(Ord. Nos. 1068 § 113 § 1.)

Sec. 8-22. - Bond requirements.

Upon acceptance of the award of any license issued pursuant to this chapter, each licensee shall file with the department of public works a corporate surety bond in the face amount of five thousand dollars ($5,000.00), guaranteeing the licensee's faithful performance of all of the provisions of this chapter and any license issued hereunder. The licensee and his surety shall be jointly and severally liable, to the full amount of said bond, for any and all loss, damage or costs, including court costs and reasonable attorney fees, incurred by the county arising out of or occasioned by the licensee's failure to comply with any of the requirements of this chapter of any license issued hereunder, including, but not limited to, any loss, damage or costs incurred by the county to repair or reconstruct any road right-of-way or facility damaged by licensee in the course of his operation, or to remove or relocate any of the licensee's equipment or facilities which licensee fails to remove or relocate after being given due notice by the county to so remove or relocate such facilities or to remove any of licensee's property from any county right-of-way or property after the abandonment of said property or facility by the licensee.

Annually, after the initial issuance of any license, each licensee shall renew said bond. A copy of said renewal bond shall be filed at the same time and in the same manner as required for filing of annual financial statements pursuant to this chapter. Said bond shall remain in full force and effect from March 1 of the year in which renewed, to and until the last day of February next succeeding.

All of said bonds shall provide that the county will be given at least thirty (30) days' written notice by the surety of its intention not to renew or to cancel or to materially change the terms of said bond.

Nothing in this section shall excuse the licensee from his full and faithful performance of all of the terms of this chapter or any license issued hereunder and the licensee shall remain personally liable for all loss, damage or costs, including court costs and reasonable attorney fees, incurred by the county, arising out of or occasioned by licensee's operations pursuant to this chapter or any license issued hereunder, irrespective of the amount of any bond required pursuant to this section.

(Ord. No. 1638 § 1.)

Sec. 8-23. - Insurance and indemnification generally.

(a)

Liability insurance. Upon acceptance of the award of any license issued pursuant to this chapter, each licensee shall, at his own expense, provide insurance, satisfactory to the county, in the face amount of not less than five hundred thousand dollars ($500,000.00), for the term of the license granted, protecting the county of Sonoma, its board of supervisors, and the officers, agents and employees of the county, from any liability for loss or damage, including court costs, and reasonable attorney fees, whether arising from breach of contract or otherwise, by reason of or arising out of the failure by the licensee to secure the consents of owners, authorized distributors, or licensees of any programs to be presented upon or delivered through the licensee's CATV system. Insurance provided by this subsection shall be in addition to any comprehensive liability insurance required by any other subsection of this section. Licensee shall furnish the county with a copy of the policy, evidencing such insurance, which shall be filed with the director of the department of public works, concurrent with the filing of the acceptance of the award of the license. The licensee shall annually renew said policy and file a copy of said renewal policy with the department of public works at the same time as is herein provided for filing annual statements pursuant to this chapter. Such policy shall provide coverage for the period commencing March 1 of each year, to and until the last day of February next succeeding. The insurance required by this subsection may be satisfied by a proper endorsement to the comprehensive liability policy required pursuant to subsection (b) of this section. In the event a licensee is unable to secure such insurance, the county may, in lieu thereof, accept an appropriate agreement of indemnification.

(b)

Comprehensive liability insurance. Upon acceptance of the award of any license issued pursuant to this chapter, the licensee shall, at his own expense, provide insurance, satisfactory to the county, in the amounts not less than three hundred thousand dollars ($300,000.00) per individual occurrence, five hundred thousand dollars ($500,000.00) per aggregate occurrence, and fifty thousand dollars ($50,000.00) for property damage. Said insurance shall protect the county of Sonoma, its board of supervisors, its officers, boards, commissions, agents and employees harmless from any liability for bodily injury, death, property damage, or inverse condemnation arising in any respect, directly or indirectly, out of any operation or activity of the licensee or his officers, agents, employees, representatives or other persons, pursuant to license granted hereunder. The licensee shall furnish the county with a copy of such insurance policy, which shall be filed with the director of the department of public works, concurrent with the filing of the acceptance of the award of the license. The licensee shall annually thereafter renew said insurance and file a copy of such renewal policy with the department of public works at the same time as is provided in this chapter for filing annual financial statements. Said policy shall provide coverage for the period commencing March 1 of said year to and until the last day of February next succeeding.

(c)

Additional insured; cancellation. The policies of insurance required by subsections (a) and (b) of this section shall name the County of Sonoma, its board of supervisors, its officers, boards, commissions, agents and employees, as additional insureds and shall contain a provision that written notice of cancellation or reduction in coverage of such policy shall be delivered to the county thirty days in advance of the effective date thereof; if such insurance is provided by a policy which also covers licensees or other entities or persons, other than those above named, then such policy shall contain the standard cross-liability endorsement. The promises and agreements in this section are not conditioned or dependent upon whether or not the county has approved any plans or specifications in connection with any license, or has insurance or other indemnification covering these matters. In lieu of annually filing copies of policies evidencing insurance, required by subsections (a) and (b), a licensee may file one policy evidencing insurance coverage for periods of more than one year, provided that any such policy shall cover periods in excess of one year for full increments of one year, which year shall end the last day of February of each such additional year. Any said policy evidencing coverage in excess of one year shall be renewed at the expiration of its term and a copy of said renewal policy shall be filed with the director of the department of public words in the same manner as is hereinabove provided for annual renewal policies of insurance.

(d)

Upon acceptance of any license by a licensee, such licensee shall enter into a written agreement to indemnify, defend and save the County of Sonoma, its board of supervisors and the officers, agents and employees of each of them, harmless from any and all claims for loss, damage, injury or liability of any nature whatsoever, including, without limitation, inverse condemnation, arising out of the activities or operation of the licensee, or any of its officers, directors, agents, representatives, patrons, customers, admittees, guests or invitees, pursuant to his license. The licensee shall agree to pay any awards for loss or damage which may be awarded due to any occurrence arising out of the activities of the licensee, its officers, agents, employees, representatives, patrons, customers, admittees, guests, invitees, or other persons arising out of the activities of the licensee pursuant to the license issued under this chapter. Said written agreement shall be filed at the same time licensee files his acceptance of his license.

(Ord. No. l638 § 1.)

Sec. 8-24. - Acceptance.

Within thirty (30) days after the date of the resolution awarding a license under the provisions of this chapter or within such extended period of time as the board of supervisors in its discretion may authorize, the licensee shall file with the department of public works his written acceptance of his license, together with all other reports, documents, policies, bonds and other information required by this chapter, and his agreement to be bound by and comply with and to do all things required by him by the provisions of this chapter and his license.

(Ord. No. 1638 § 1.)

Sec. 8-25. - Effective date.

No license granted pursuant to the provisions of this chapter shall become effective unless and until all things required by this chapter are done and completed, all of such things being hereby declared to be conditions precedent to the effectiveness of any such license granted hereunder.

(Ord. No. 1068 § 34.)

Sec. 8-26. - Conditions, etc., of license.

Any license granted pursuant to the provisions of this chapter shall include the following condition:

"The CATV system herein licensed shall be used and operated solely and exclusively for the purpose expressly authorized by chapter 8 of the Sonoma County Code and for no other purpose whatsoever."

Inclusion of the foregoing statement in any such license shall not be deemed to limit the authority of the county to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with such license pursuant to the authority conferred by section 11 of article XI of the constitution of the state or this chapter.

(Ord. No. 1068 § 32.)

Sec. 8-27. - Uses, etc., permitted by license.

Any license granted pursuant to the provisions of this chapter shall authorize and permit the licensee to engage in the business of operating and providing CATV system in the county and, for that purpose, to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, where county's interest therein will support the grant of license, such facilities as may be necessary and appurtenant to the CATV system; and, in addition, to use, operate and provide similar facilities or properties rented or leased from other persons, including but not limited to any public utility or other licensee permitted to do business in the county.

The granting of a license pursuant to this chapter shall not be construed as permission or license to enter on, occupy or otherwise utilize private property without the express consent of the owner or occupant thereof.

(Ord. No. 1068 § 4.)

Sec. 8-28. - License payments.

Each licensee shall pay to the county of Sonoma a license fee equal to five (5) percent of the gross annual receipts including receipts from noncommercial television service derived from the service area for which the license is issued. Payment shall be made annually on or before March 1st following the close of the calendar year for which the gross annual receipts are computed. For any licensee whose license was issued after January 1st of any year, said licensee shall, for that year only, calculate the gross annual receipts and pay the fee prescribed, only for that period commencing with the date of acceptance of his license, to and until the following December 31st. Thereafter, such licensee shall pay his license fee as provided by this section. Said fees shall be made payable to the county of Sonoma and shall be delivered to the department of public works. In addition, the county of Sonoma and any other public agency designated by the county, shall, upon request, receive CATV reception service without charge other than installation, repair and maintenance.

(Ord. No. 4713 § 1, 1993: Ord. No. 3633, 1986.)

Sec. 8-29. - Financial statements and inspection of records.

The licensee shall annually file with the county a financial statement prepared by a certified public accountant, showing in detail the licensee's gross annual receipts, as specified by this chapter, for the calendar year or portion thereof, during which the licensee possesses a license under this chapter. Said financial statement shall be filed on or before March 1 next succeeding the close of said calendar year. Said statement shall be filed with the department of public works. The county shall have the right to inspect the licensee's books and records from which such gross annual receipts are computed. Acceptance of any payment pursuant to this chapter shall not be construed as a release of, or as an accord and satisfaction of any claim the county may have for further or additional sums payable under this chapter, or for the performance of any other obligations hereunder. The cancellation or termination of any license issued pursuant to this chapter shall in no way effect the licensee's duty to make the filings required herein or pay the fees required by section 8-28, which may be due for that portion of the calendar year for which said license was in effect.

(Ord. No. 1638 § 1.)

Sec. 8-30. - Inspection of property and records.

(a)

At all reasonable times, a licensee under the provisions of this chapter shall permit any duly authorized representative of the county to examine all property of the licensee, together with any appurtenant property of the licensee situated within or without the county, and to examine and transcribe all maps and other records kept or maintained by the licensee or under its control which deal with the operations, affairs, transactions or property of the licensee with respect to his license. If any such maps or records are not kept in the county, or upon reasonable request made available in the county, and if the board of supervisors shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by the licensee.

(b)

The licensee shall prepare and furnish to the director of public works at the times and in the form prescribed by such officer, such reports with respect to his operations, affairs, transactions or property as may be reasonable, necessary or appropriate to the performance of any rights, functions or duties of the county or any of its officers in connection with the license.

(c)

The licensee shall at all times make and keep in the county full and complete plans and records showing the exact location of all CATV system equipment installed or in use in streets and other public places in the county.

(d)

The licensee shall file with the director of public works, upon his demand, a current map or set of maps drawn to scale, showing the location of all CATV system equipment installed and in place in the licensee's service area and such other information as the department of public works may specify.

(e)

When any portion of the CATV system is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the director of public works.

(Ord. No. 1068 § 24.)

Sec. 8-31. - Effect of other laws and pole agreements.

Any license granted pursuant to the provisions of this chapter is subject to all provisions, regulations and conditions prescribed by any law heretofore and hereafter enacted or established during the term of any license so granted. Nothing contained in this chapter shall excuse the licensee from securing any other permit required by law. Any such license granted shall not relieve the licensee or any obligation involved in obtaining pole space from any department of the county, utility company or from others maintaining poles in streets.

(Ord. No. 1068 § 11.)

Sec. 8-32. - Other rights, privileges, etc., superseded by license.

Any license granted under the provisions of this chapter is in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by a licensee, or any successor to any interest of a licensee hereunder, of or pertaining to the construction, operation or maintenance of any CATV system in the unincorporated area of this county, and the acceptance of any license hereunder shall operate, as between the licensee and the county, as an abandonment of any and all such rights, privileges, powers, immunities and authorities within the county, to the effect that, as between the licensee and the county, any and all construction, operation and maintenance of any licensee of any CATV system in the county shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to such license, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.

(Ord. No. 1068 § 12.)

Sec. 8-33. - Recourse of licensee against county.

The licensee under the provisions of this chapter shall have no recourse whatsoever against the county, its officers or employees, for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any license issued hereunder or because of its enforcement hereof or for the termination or forfeiture of any license as provided in this chapter.

(Ord. No. 1068 § 13.)

Sec. 8-34. - Effect as to county's power of eminent domain, etc.; value of license.

Nothing in this chapter shall, in any way or to any extent impair or affect the right of the county to acquire a licensee's property either by purchase or through exercise of the power of eminent domain, and nothing herein shall be construed to modify or abridge the county's power of eminent domain with respect to any licensee hereunder. Nor shall any license issued hereunder be given any value before any court or public authority in any proceeding of any character except for the purpose of taxation.

(Ord. No. 1068 § 14.)

Sec. 8-35. - Effect as to copyrights, etc.

Any authority granted the provisions of this chapter is not and shall not be in derogation of any copyright or other private proprietary interest in any material in the program content of the television signals which shall be delivered by any licensee hereunder, and is hereby granted without prejudice to any right of the owner of any such copyright or other private proprietary interest to forbid any use thereof without the license or other permit of such owner.

(Ord. No. 1068 § 41.)

Sec. 8-36. - Location of licensee's office.

A license under the provisions of this chapter shall maintain an office within the county or at a location which subscribers may call without incurring added message or toll charges so that CATV maintenance service shall be promptly available to subscribers.

The licensee shall maintain on file with the director of public works the address of such place of business and upon acceptance of any license granted hereunder the deposit in the United States mails of any process issued by any court pursuant to the application of the county shall constitute service of that process and acquisition of jurisdiction by such court.

(Ord. No. 1068 § 26.)

Sec. 8-37. - Sale of television receivers, etc.

Neither a licensee under the provisions of this chapter nor any of his employees during their course of employment shall engage in the business of selling or leasing televisions or other receivers which make use of signals transmitted by its system, nor shall the licensee or any of his employees during the course of their employment engage in the repair of receivers, the sale of parts therefor, or make recommendations to subscribers regarding patronage of firms engaged in such activities.

This prohibition shall not apply to any CATV operator presently engaged in the sale and repair of television receivers; provided that:

(a)

Such operator files sufficient evidence of such fact with the clerk of the board of supervisors not later than ninety days after the effective date of the ordinance from which this chapter derives, ^[71] and

(b)

Agrees to divest himself of such interest within five years from the date of filing.

(Ord. No. 1068 § 39.)

Sec. 8-38. - Transfer, assignment, etc.

A licensee under the provisions of this chapter shall not sell, transfer, lease, dispose of or assign his license or any rights thereunder, including any beneficial interest or right to operate thereunder, by voluntary sale, merger, consolidation or otherwise, without the prior written consent of the board of supervisors, pursuant to such conditions as may therein be prescribed, and then only by a duly executed instrument, filed with such board. Such consent will not be unreasonably withheld. The provisions of this chapter shall inure to and be binding upon any assignee who shall agree in writing to comply with all of such provisions.

(Ord. No. 1068 § 10.)

Sec. 8-39. - Renewal.

Any license granted under the provisions of this chapter is renewable upon the application of the licensee, in the same manner and upon the same terms and conditions as required herein for obtaining the original license, except those which are by their terms expressly inapplicable; provided, however, that the board of supervisors may at its option waive compliance with any or all of the requirements of section 8-20.

(Ord. No. 1068 § 33.)

Sec. 8-40. - Duration, termination and forfeiture.

No license granted by the board of supervisors under the provisions of this chapter shall be for a term longer than twenty years following the date of acceptance of such license by the licensee or the renewal thereof.

Any neglect, failure or refusal to comply with any of the terms or conditions of this chapter, including changes or additions thereto during the term of a license by a licensee, following thirty days' notice thereof by the county, shall work a forfeiture thereof in addition to such other penalties and rights provided in this chapter; and the board of supervisors may, after a public hearing thereon, declare the license forfeited, and may exclude the licensee from further use or acts thereunder, and thereupon, the licensee shall be deemed to have immediately and automatically surrendered all rights hereinunder. The licensee shall remove his equipment from the streets within this county within sixty (60) days after receipt of notice of the board's declaration that his license has been forfeited. Notice may be given and will be deemed received for the purpose of this section when deposited in the United States mails, addressed to the licensee at the address contained in its application for a license.

(Ord. No. 1068 § 6.)

Sec. 8-41. - Doing business or using streets, etc., without a license. ^[72]

No person shall establish, operate or carry on the business of distributing to any persons in this county any television signals or radio signals by means of a CATV system unless a license therefor has first been obtained pursuant to the provisions of this chapter, and unless such license is in full force and effect. No person shall construct, install or maintain within any street in the county, or within any other public property of the county, or within a privately owned area within the county 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 county, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a license authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such license is in full force and effect.

(Ord. No. 1068 § 36.)