Calaveras County |
Code of Ordinances |
Title 5. BUSINESS TAXES, LICENSES AND REGULATIONS |
Chapter 5.12. COMMUNITY ANTENNA TELEVISION FRANCHISES |
§ 5.12.190. Time limits on obtaining permits, installing system and commencing service.
A.
Within sixty days after acceptance of any franchise, the grantee shall make application for and diligently pursue the obtaining of all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of CATV systems, their associated microwave transmission facilities, or any other associated facility.
B.
The grantee shall commence construction and installation of the CATV system either within ninety days after obtaining all necessary permits, licenses and authorizations or within ninety days after not fewer than nine VHF and/or UHF stations provide predicted Grade B or better signal level to any portion of the county, whichever occurs first.
C.
Within one hundred eighty days after the commencement of construction and installation of the system, the grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter, so that service to all of the developed streets and areas within the county as designated on the map accompanying the application for franchise, as provided in Section 5.12.080, service was first provided. Within a franchise area, service shall be extended to any future dwelling, contiguous to the existing cable system, in areas with a density of forty homes per street mile. Service shall also be extended to any future dwelling where there are five or more dwelling units within eight hundred feet, measured from the system as it then exists. However, the licensee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge.
D.
Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth in this section shall be grounds for termination of such franchise, under and pursuant to the terms of Section 5.12.040; provided, however, that the board, in its discretion, may extend the time for obtaining of permits and authorizations and for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond his control.
(Ord. 1479 § 1, 1982; Ord. 525 § 11.01.090, 1969).