Resolution Number 83-7-19-3RESOLUTION NO
83-7-19-3
RULES AND REGULATIONS - SELECTION OF FRANCHISEE
TO SERVE DESIGNATED SERVICE AREAS - CABLE TV
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
RULES AND REGULATIONS FOR THE SELECTION OF
FRANCHISEE TO SERVE DESIGNATED SERVICE AREAS
FOR CABLE TELEVISION
WHEREAS, Section 53066 of the Government Code empowers
General Law cities to select Cable Television Franchisees"...on
the basis of quality of service, rates to the subscriber, income
to the City, experience and financial responsibility..."; and,
WHEREAS, the City of San Juan Capistrano desires to
establish uniform procedures and criteria for the selection of
franchisee(s) to serve designated areas of the City; and,
WHEREAS, the proposed Rules and Regulations, a copy of
which is attached hereto as Exhibit "A," will safeguard the
interest of the consumer and allow the City to select the
Franchisee best able to serve consumers.
NOW, THEREFORE, BE IT RESOLVED that the Cable
Television Rules and Regulations Governing Additions to
Designated Service Areas are hereby approved and adopted.
PASSED, APPROVED AND ADOPTED this 19th day of
July , 1983 , by the following vote, to wit:
AYES: Councilmen Fries,, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
ATTEST:
CITY CLER3
47
-1-
ANTHONY L. LAND, MAYOR
F-
74 74 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 83-7-19-3 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 19th day of
July 1 1983 .
(SEAL)
IVIARY AN!YHANOVER, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 22nd day of July , 1983 ,
she caused to be posted:
RESOLUTION NO. 83-7-19-3
being: RULES AND REGULATIONS - SELECTION OF FRANCHISEE
TO SERVE DESIGNATED SERVICE AREAS - CABLE TV
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
RULES AND REGULATIONS FOR THE SELECTION OF
FRANCHISEE TO SERVE DESIGNATED SERVICE AREAS
FOR CABLE TELEVISION
in three (3) public places in the City of San
to wit: The Administration Building; The San
ORD. NO.__ -----
Dance Hall; The Orange County Public
CHECK LIST F3.719-3
RES. NO.... _ -
MARY ANVHANOVER, CITY CLERK
San Juan Capistrano, California
Mayor has signed
.............Clerk has signed
....City Seal stamped
.............. All blanks typed in
..Absent.. ....................... -_.........
.._...---------
..Noes..............`6� ---------------
------------------
.......! Typed in Official Record Book
-------- Posted to Classified Cards
-------------- Copies sent to�.�.CS:.�3
-
rS'.P......Y....
...............
.............. Legal Publication ordered to
be published
(date) ... .................. ...---_...._.._-------------._.
N Affidavit
Juan Capistrano,
Juan Hot Springs
Library.
o. s
No. Printed copies required ... —2—
Remarks �'v"
Cable Television
Rules and Regulations Governing Additions
to Designated Service Areas
Government Code Section 53066, in establishing the basic criteria
for Municipal Cable TV franchises, empowers cities to select fran-
chisees"...on the basis of quality service, rates to the subscriber,
income to the City, experience and financial responsibility of the
applicant plus any other consideration that will safeguard the
local public interest....." The same criteria shall, accordingly,
be considered in determining which franchisee shall serve new service
areas.
Service to additional service areas shall be determined by the City
Council based upon the following criteria and procedures:
1. Application Procedure
Requests to serve new areas by cable operators shall be made not
later than three months prior to the physical installation of
the utilities whenever possible. All requests must be addressed
to the Director of Administrative Services and the following
information must be provided:
a) Name, address and phone number of the developer/builder
requesting future cable service.
b) Date of expected installation of conduit, cable and other
actual physical plant.
c) A detailed map of the proposed area to be served. A copy
of the tenative tract map as a minimum.
d) A summary of all major improvements/upgrades to the system
for the past 6 month period and a summary of all proposed
improvements/upgrades with a proposed time schedule for
completion will be provided every six months.
e) The most recent copies of the technical performance forms
required by the Federal Communications Commission.
f) A summary of all outages occuring within the previous six-
month period. This will include the date, approximate
number of subscribers affected, area affected, reason and
length of outage.
Additionally, the City will review the complaint files for the pre-
vious six-month period kept by the cable company and may request
copies of such records.
EXHIBIT "A"
F 76
Cable Television
Page 2
2. Selection Procedure
After receiving this information, the City will notify all cable
television companies operating within the city that a request to —
serve new areas has been received. If the other cable operators
are interested, they will be given an opportunity to submit a
request for serving the same area.
The City Council will select the cable television operator to
service a new area based on the following criteria:
a) Past performance as demonstrated by the number and length of
outages, number of citizen complaints, response to citinen
complaints, and cooperativeness in working with the City.
b) Willingness to make future improvements to service or the
system that will benefit the citizens of the city.
c) Geographical accessibility of the cable system to the area
to be served.
d) Rates to the subscribers for services.
e) The overallexperience and financial responsibility of the
cable operator as demonstrated by the above criteria.
3. Notification
All cable companies submitting requests will be notified by the
City Clerk of City Council actions and meetings pertaining to
the request.
Cable companies are strictly warned not to begin any physical
installation prior to receiving City Council approval.