Terms-Conditions-Requirements of Franchises-System Capability and Standards-Prevailing Rates-Community Use

Sacramento City Code tit. 5, ch. 5.28, art. IV

in effect

Sacramento City Code § 5.28.690 Minimum requirements.

5.28.690 Minimum requirements. The provisions of Sections 5.28.700 and 5.28.710 of this chapter, constitute minimum standards for a cable television system installed pursuant to the provisions of this chapter within an imposed service area as defined by Section 5.28.910 of this chapter. Higher standards and additional requirements for such a cable television system may be established by the request for proposals, the application and other franchise documents applicable to each franchise. The provisions of Sections 5.28.700 and 5.28.710 of this chapter, shall not be applicable to a cable television system or that portion of such a system which is installed pursuant to the provisions of this chapter within a proposed service area, as defined by Section 5.28.910 of this chapter. Minimum standards for such a cable television system or portion thereof installed within a proposed service area may be established by the request for proposals, the application and other franchise documents applicable to each franchise. (Prior code § 20.04.300)

Sacramento City Code § 5.28.700 General capability.

5.28.700 General capability. Each cable television system shall, at minimum: A. Relay to subscriber terminals those broadcast signals required by the FCC; B. Distribute in color all television signals which it receives in color; C. Make available upon request by any subscribers receiving channels showing premium services and pay-per-view events, a lockout device which prevents the unauthorized viewing of such channels; D. Make available to subscribers, upon request, an RF switch permitting conversion from cable to antenna reception. (Prior code § 20.04.302)

Sacramento City Code § 5.28.710 Cable-Capacity.

5.28.710 Cable-Capacity. The provisions of this section express the intention and desire of the commission. Applicants shall be authorized but not required, to include within their applications cable capacities which comport with the provisions of this section. An applicant who chooses to make a cable capacity proposal at variance with the provisions of this section shall not be disqualified from bidding or consideration in selection of the franchisee. It is expressly declared that the factors upon which selection will be based are so numerous and subjective as to make it impossible to know in advance the relative importance of a determination by an applicant to either make or not to make such a proposal in relation to other factors upon which award of a franchise will be based. The cable television system installed pursuant to the initial CATV franchise should consist of not less than two cables for the subscriber network, plus a third cable for the institutional network. Each of the three cables should have a capacity of not less than thirty-five (35) channels. The cables for the subscriber network should be installed within service area and outside thereof in such a manner as to comply with the availability of service requirements established by Article V of this chapter. One of the cables for the subscriber network should be fully operational as services are required to be made available pursuant to the provisions of Article V of this chapter. The second cable for the subscriber network should be installed at the same time as the other two cables, but may be initially inoperable. The second cable for the subscriber network should become operable by such date or within such time as is prescribed within the application submitted by the franchisee or resolution offering the franchise. The cable for the institutional network should be fully operational as services are required to be made available pursuant to the provisions of Article V of this chapter. The cable for the institutional network may be installed in all areas in which the subscriber network cables are installed. Within service areas applicable to a franchise, the cable for the institutional network should pass such public and institutions, facilities and buildings as are prescribed by the request for proposals. (Prior code § 20.04.304)

Sacramento City Code § 5.28.720 Standby power.

5.28.720 Standby power. Each cable television system shall include equipment capable of providing standby powering for headend, transportation and trunk amplifiers for a minimum of two hours. The equipment shall be so constructed as to automatically notify the cable office when it is in operation and to automatically revert to the standby mode when the AC power returns. The system shall incorporate all safeguards necessary to prevent injury to a lineman resulting from a standby generator powering a "dead" utility line. (Prior code § 20.04.306)

Sacramento City Code § 5.28.730 Override capability.

5.28.730 Override capability. Each cable television system shall include an "emergency alert capability" which will permit the county and cities, in times of emergency, to override by remote control alternatively the audio and video of all channels simultaneously. Each cable television system shall include the capability to broadcast from the county's headquarters for civil defense, disaster and emergency services. (Prior code § 20.04.308)

Sacramento City Code § 5.28.740 Interconnection.

5.28.740 Interconnection. The interconnection capability of cable television systems with other cable systems within the greater Sacramento metropolitan area and obligations of each franchisee with respect to such interconnection shall be as prescribed by the request for proposals or other franchise documents for each franchise. (Prior code § 20.04.310)

Sacramento City Code § 5.28.750 Plans and specifications.

5.28.750 Plans and specifications. Each application for a franchise shall include detailed plans and specifications for the cable television system which is proposed by the applicant. The system shall be constructed and installed by a franchisee in compliance with the plans and specifications contained in the application, except as modified by other franchise documents. (Prior code § 20.04.312)

Sacramento City Code § 5.28.760 Technical standards.

5.28.760 Technical standards. Each franchisee shall construct, install and maintain its cable television system in a manner consistent and in compliance with all applicable laws, ordinances, construction standards, governmental requirements, FCC technical standards and detailed standards set forth in the franchise documents. Each franchisee shall provide to the cable television commission, upon request, written reports of the franchisee's annual proof of performance tests conducted pursuant to FCC standards and requirements. A. Each franchisee shall at all times comply with the: 1. National Electrical Safety Code (National Bureau of Standards); 2. National Electrical Code (National Bureau of Fire Underwriters); 3. California Public Utility Commission General Orders 95, 112-d and 128; 4. Applicable FCC and other federal, state and local regulations; and 5. Codes and other ordinances of the county and cities. B. In any event, the cable television system shall not endanger or interfere with the safety of persons or property within the Sacramento community or other areas where the franchisee may have equipment located. C. All working facilities, conditions, and procedures, used or occurring during construction of the cable television system shall comply with the standards of the Occupational Safety and Health Administration. D. Construction, installation and maintenance of the cable television system shall be performed in an orderly and workmanlike manner, and in close coordination with public and private utilities serving the Sacramento community following accepted construction procedures and practices and working through existing committees and organizations. E. All cables and wires shall be installed, where possible, parallel with electric and telephone lines, and multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering consideration. F. Any antenna structure used in the cable television system shall comply with construction, marking, and lighting of antennae structures, required by the United States Department of Transportation. G. RF leakage shall be checked at reception locations for emergency radio services to prove no interference signal combinations are possible. Radiation shall be measured adjacent to any proposed aeronautical navigation or communication radio sites to prove no interference to air navigational reception. (Prior code § 20.04.314)

Sacramento City Code § 5.28.770 Prevailing rate program.

5.28.770 Prevailing rate program. The purposes of this section through Section 5.28.820 of this chapter, are to require that workers engaged in the initial construction of cable television systems and in the ongoing installation, maintenance, repair, extension, reconstruction and subsequent construction of such systems are compensated during the term of each franchise at not less than prevailing rates as defined by Section 5.28.780 of this chapter, and to establish self-enforcing mechanisms to insure compliance with such requirements. (Prior code § 20.04.316)

Sacramento City Code § 5.28.780 Prevailing rate standard.

5.28.780 Prevailing rate standard. The compensation for workers engaged in the initial construction of cable television systems and in the installation, maintenance, repair, extension, reconstruction and subsequent construction of such systems shall in each instance be not less than the prevailing rate for comparable service in other employment associated with initial construction, installation, maintenance, repair, extension, reconstruction and subsequent construction of cable systems and other work of a similar nature (excluding work performed by employees of municipally owned public utilities) within the counties of Los Angeles, San Diego, Orange, Alameda, San Bernardino, Santa Clara, Sacramento (other than the franchisee in connection with whom the prevailing rate is to be paid), San Francisco (city and county), Riverside, and Contra Costa, whenever such prevailing rate can be ascertained within such counties. The provisions of Sections 5.28.770 through 5.28.820 of this chapter shall not be applicable to the installation of cable within subdivisions; when the work of installation is undertaken by the owner of the subdivision or a general contractor or subcontractor of the owner, and the cable is installed during the development of the subdivision at the same time as other utilities and public improvements including sewers, storm drains, electrical, gas and telephone lines, and street improvements are being installed, whether the work of installation of the cable is performed pursuant to a contract between the franchisee and the owner of the subdivision or otherwise. (Prior code § 20.04.318)

Sacramento City Code § 5.28.790 Method of determination.

5.28.790 Method of determination. Whenever under 5.28.800 of this chapter, a prevailing rate is required to be ascertained, the board of directors of the cable television commission shall appoint a person or firm to conduct a prevailing rate study and determine the prevailing rates. The person or firm appointed shall not be an officer, agent, employee or representative of the franchisee, the cities, the county, the commission or any labor union or organization, and the board of directors shall be the sole judge of the qualifications of the appointee. All compensation and costs payable to the appointee for services rendered shall be paid by the franchisee. The board of directors may, prior to execution of any contract by which the appointee is retained to render services, require the franchisee to deposit a sum equal to the reasonably estimated cost of compensating the appointee for the services to be rendered. The appointee shall identify the jobs and positions with respect to which the prevailing rate determination will be applicable. The franchisee shall provide all data and information requested by the appointee including, but not limited to, data relating to job titles, job descriptions, work functions, and rates of compensation, and shall, upon request, admit the appointee to the inspection of records and work areas as necessary to allow the appointee to make such personal examination as the appointee desires. The appointee shall conduct a survey of rates of compensation in connection with the initial construction, installation, maintenance, repair, extension, reconstruction and subsequent construction associated with cable systems and other work of a similar nature (excluding work performed by employees of municipally owned public utilities) within the counties identified by Section 5.28.780 of this chapter. Not later than ninety (90) calendar days following the date of the contract by which the appointee is retained, the appointee shall arrive at prevailing rate determinations based upon the survey and the appointee's analysis, without hearings, and shall prepare and file with the clerk of the board of directors of the commission and with the franchisee a written report which contains the following information: A. The methodology utilized in conducting the survey; B. The methodology utilized in arriving at prevailing rate determinations; C. The types of compensation, in addition to salary, considered in arriving at the prevailing rate determinations; D. With respect to prevailing rate determinations in connection with initial construction, installation, maintenance, repair, extension, reconstruction or subsequent construction of a cable television system to be performed by the franchisee through independent contracts, a list of all crafts and other jobs associated therewith, together with the determined prevailing rates therefor; E. With respect to prevailing rate determinations in connection with initial construction, installation, maintenance, repair, extension, reconstruction or subsequent construction of a cable television system to be performed by the franchisee through its own personnel, the following: 1. The job titles of the franchisee with respect to which a prevailing rate could not be ascertained within the counties, and the reasons why, 2. The prevailing rate for each job title of the franchisee for which a prevailing rate could be ascertained within the counties, 3. A list of those job titles of the franchisee with respect to which compensation paid by the franchisee equals or exceeds the determined prevailing rate, and 4. A list of those job titles of the franchisee, if any, with respect to which compensation paid by the franchisee is lower than the determined prevailing rate, together with the amount of difference or differences between the determined prevailing rate and the actual compensation paid for each job title. All investigations, analyses and surveys undertaken by an appointee shall be performed independently, and the appointee shall not receive or consider any opinions, argument, claims, suggestions, or other persuasion concerning such matters or the prevailing rate determination from the franchisee, interested workers, or labor unions or organizations. All compensation data received by an appointee from the franchisee and others shall be held by the appointee in strict confidence, and shall not be subject to disclosure to either the franchisee, the commission, the cities, the county, interested workers, any labor union or organization, or any member of the public. Any and all determinations made by an appointee, whether or not appearing in the written report, and including, but not limited to, all decisions concerning comparability of services or the absence of comparability, decisions relating to whether a prevailing rate can be ascertained, and decisions concerning the amounts of prevailing rates, shall be final, conclusive, and not subject to judicial review as to the franchisee, the cities, the county, the commission, interested workers, labor unions or organizations or any other interested party; provided that the function performed by the appointee and determinations made shall not be deemed to constitute an arbitration, nor shall the appointee be deemed to be an arbitrator, within the meaning of the provisions of this chapter. The determinations by the appointee shall be judicially enforceable in the manner prescribed by Section 5.28.820 of this chapter. (Prior code § 20.04.320)

Sacramento City Code § 5.28.800 Frequency of determinations.

5.28.800 Frequency of determinations. A report pertaining to prevailing rates respecting initial construction of the cable television system under the initial CATV franchisee not later than April 15, 1984. Notwithstanding the provisions of Section 5.28.790 of this chapter, the appointee may be appointed and retained by the governing body of the county, and the governing body shall be vested with the same rights, powers and duties connected with the selection, appointment and retention of the appointee as are otherwise vested in the board of directors of the cable television commission, including the right to compensation for the cost of the appointee's services. Not later than March 1st in each year thereafter during the term of a franchise, the board of directors of the commission shall select, appoint, and retain an appointee whose responsibility it shall be to analyze, investigate and survey rates of compensation and make prevailing rate determinations in connection with workers engaged in initial construction, installation, maintenance, repair, extension, reconstruction and subsequent construction of cable television systems, whether such workers are employed by the franchisee or general contractors or subcontractors or other contractors engaged by the franchisee to perform such functions. (Prior code § 20.04.322)

Sacramento City Code § 5.28.810 Prevailing rate obligations.

5.28.810 Prevailing rate obligations. With respect to each contract issued by a franchisee for work involving the initial construction, installation, maintenance, repair, extension, reconstruction or subsequent construction of the cable television system, the franchisee shall include within the contract prevailing rate data from the latest report filed by an appointee for all workers performing services in connection with such initial construction, installation, maintenance, repair, extension, reconstruction or subsequent construction and require that such workers be compensated in accordance with such data, and in accordance with prevailing rate determinations contained in any subsequent report filed during the term of the contract from and after the date of filing of such report. Any call for bids with respect to such a contract, shall contain notice of such requirements. Any such contract shall also include a provision making the contractor and any subcontractor under him or her liable for the difference between actual compensation paid to the workers and the determined prevailing rates. Each franchisee shall, from and after the date of filing of each report containing prevailing rate determinations by an appointee, increase the compensation of any of its workers who engage in initial construction, installation, maintenance, repair, extension, reconstruction or subsequent construction of the cable television system by an amount necessary to provide compensation which equals the prevailing rate for the job title shown in the report. (Prior code § 20.04.324)

Sacramento City Code § 5.28.820 Enforcement.

5.28.820 Enforcement. Any worker who has rendered services in connection with the initial construction, installation, maintenance, repair, extension, reconstruction or subsequent construction of a cable television system and any labor union which represents members who perform services of the same general type as that performed by such workers, shall be vested with standing to maintain an action for the recovery of the difference between compensation actually paid for services rendered and prevailing rates stated in a report filed by an appointee. The franchisee, contractor and subcontractor, if any, shall be jointly and severally liable for any such damages. Any employee of a franchisee who, subsequent to the filing with the franchisee of a written report by an appointee determining a prevailing rate for that employee, has been compensated by the franchisee in an amount or amounts less than such prevailing rate, and any labor union which represents members performing services of the same general type as such an employee, shall be vested with standing to maintain an action against the franchisee for the recovery of any such difference between amounts of compensation actually paid by the franchisee and the determined prevailing rate. (Prior code § 20.04.326)

Sacramento City Code § 5.28.830 Community use proposals.

5.28.830 Community use proposals. The purpose of this section through Section 5.28.870 of this chapter, is to permit applicants for the initial CATV franchise to propose plans and resources for community use programming in order to permit the community to design, produce and present programming of local interest and to promote the educational, recreational and character building opportunities of the viewing public. An applicant who chooses not to make such a proposal shall not be disqualified from bidding or consideration in selection of the franchisee. It is expressly declared that the factors upon which selection will be based are so numerous and subjective as to make it impossible to know in advance the relative importance of a determination by an applicant to either make or not to make such a proposal in relation to other factors upon which award of the initial CATV franchise will be based. (Prior code § 20.04.332)

Sacramento City Code § 5.28.840 Application contents.

5.28.840 Application contents. A. Applicants for the initial CATV franchise shall be authorized, alternatively, to propose in their applications: 1. No community use programming, by making no reference to community use programming therein; 2. To propose community use programming in the form of and in accordance with Alternative No. 1, as described by Section 5.28.850 of this chapter; or 3. To propose community use programming in the form of and in accordance with the provisions of Alternative Nos. 1 and 2, as described by Sections 5.28.850 and 5.28.860 of this chapter. B. An applicant who proposes community use programming in its application shall include in the application the following in relation to the alternative or alternatives proposed: 1. Any standard or criteria which will be utilized in connection with the following matters: a. The time made available for and community use programming covering candidates for public elective offices during election campaigns; b. Program quality control; c. The legality of program content and violation of the legal rights of others; e. Any and all preconditions of whatever kind or nature relating to use by third parties of studio facilities or production equipment and broadcast of programming presented thereby. 2. The establishment of an independent body proposed by the applicant to administer community use programming. Such a body shall not include any officer or employee of the county, cities, or cable television commission. Nor shall the body include appointees of officers, employees, governing bodies or boards or committees of the county, cities or commission. Once formed or created, the body also shall not include any franchisee nor any appointee by a franchisee or representative of a franchisee. Any such proposal shall specifically identify the following respecting such a body: a. The legal form of existence; b. How the body will be established and who will be responsible for establishment; c. The size, composition and method of selection and appointment of members; d. The terms of members, and grounds and procedures for removal of members, if any; e. The specific powers of the body in relation to administration of community use programming and the means by which such powers will be exercised and enforced; and f. The sources and amounts of funding for support of operation of the body. (Prior code § 20.04.334)

Sacramento City Code § 5.28.850 Alternative No. 1-Access use.

5.28.850 Alternative No. 1-Access use. The type of community use programming envisioned by this alternative constitutes a form of access opportunity to members of the general public to produce programming in separate studio facilities with minimal instructional assistance, direction and control by a franchisee, on a first-come-first-served basis. Applicants desiring to proposed this alternative shall include the following within their applications: A. That one or more (specifying the number) channels on the subscriber network will be made available exclusively for the type of access use programming prescribed by this section; B. If two or more channels are to be made available for such use, a specification of the tier or tiers of service in which all such channels except the one included in basic service will be placed; C. A description of the location, nature and extent of separate and independent studio facilities, production equipment, personnel resources and other resources to be provided in connection with such access use and community use programming, designed in such a manner as to permit operation by members of the public with minimal training and supervision; D. A commitment to make the studio facilities, production equipment, personnel resources, other resources and channel(s) available for use, program production and broadcasts twenty-four (24) hours per day, seven days per week, during the term of the franchise; the actual number of days per week and hours per day such resources are available for use, program production and broadcasts being subject to regulation from time to time by the independent authority created pursuant to subsection B of Section 5.28.840 of this chapter; E. A commitment to operate and provide the studio facilities, production equipment, personnel resources, other resources, channel(s) broadcast time and programming opportunity at the sole cost of the applicant without any charge whatsoever; F. A statement of the nature and extent of all training to be offered by the applicant respecting equipment, operation and training required as a condition of facility and equipment use and operation by members of the public; and G. A commitment to allow use of the studio facilities, production equipment, personnel resources, other resources, and channel(s) for the production and broadcast of community use programming by members of the general public, including individuals and local nonprofit community organizations, on a first-come-first-served basis during the term of the franchise. (Prior code § 20.04.336)

Sacramento City Code § 5.28.860 Alternative No. 2-Franchisee sponsored programming.

5.28.860 Alternative No. 2-Franchisee sponsored programming. The type of community use programming contemplated by this alternative is that which is produced as a result of an affirmative effort by the franchisee to interest community organizations and groups in program ideas, development and production, is presented on the subscriber network in minimum quantities prescribed by the application, and is distributed among the various tiers of service as prescribed by the application. A. Applicants desiring to propose this alternative shall include the following within their applications: 1. Schedules showing the number of hours per week new (not previously broadcast or cablecast within the Sacramento community) community use programming will be shown on the subscriber network within each tier of service proposed in the application, categorized according to minimum number of hours per week per tier of service proposed in the application, categorized according to minimum number of hours per week per tier of service between the hours of six a.m. and five p.m., five p.m. and eleven p.m., and eleven p.m. and six a.m., with respect to the following variables: a. Differences in volumes of hours of community use programming at various times during the term of the franchise, if the applicant proposes different volumes of such programming at various times during the term of the franchise; b. Volumes of hours of audio only community use programming, if the applicant proposes both audio only and audio and visual community use programming; c. The minimum numbers of hours respecting community use programming to be produced by the franchisee; d. The minimum number of hours respecting community use programming to be produced by the county or cities; e. The minimum numbers of hours respecting community use programming to be produced by local non-profit community organizations; and f. Volumes of hours of automated community use programming, as distinguished from regular nonautomated community use programming, if such automated programming is to be shown. g. A commitment by the applicant to provide during the entire term of the franchise all hours of programming which it has proposed in the schedules identified by subsection (A)(1) of this section; h. A description of the location, nature and extent of studio facilities, production equipment and personnel and other resources proposed to be made available at the sole cost of the applicant and without any charge whatsoever to produce and assist the county, cities and local nonprofit community organizations in the presentation of community use programming. The applicant shall indicate whether the studio facilities, the production equipment, staffing resources and other resources will be exclusively available for community use programming to the county, cities and local nonprofit community organizations, or whether such resources will be shared with the applicant's operation or others. If shared, specific criteria shall be stated showing how time priorities will be allocated among competing interests to insure, for example, that studio space and production resources will not be made available to local organizations only at the least desirable times; i. Specific and detailed affirmative strategies to be utilized by the applicant to solicit and encourage interest by the county, cities and local nonprofit community organizations in planning, producing and presenting community use programming to fulfill the broadcast time commitments proposed; and j. A statement of all criteria intended to be utilized by the applicant to select between and apportioned time among local nonprofit community organizations, the county, and the cities if the demand to produce community use programming exceeds the broadcast time proposed in the schedules identified by subsection (A)(1) of this section. B. In addition to the foregoing, and as a part of this alternative, an applicant may, but is not required to, propose in its application a specific number of channels on the subscriber network which it would set aside for the exclusive provision of community use programming on a leased access basis by individuals and local nonprofit community organizations. Such channels, if proposed, shall be subject to lease, in whole or in part, for community use programming. Programming meeting the definition of "community use programming" shall be included in fulfilling the broadcast time proposal contained in subsection A of this section. With respect to any such proposal, the application shall contain the following: 1. An itemization of the amounts of fees and charges if any, to be levied by the applicant at various times during the franchise term for leased access use, the fees and charges, if any, to include all rights and privileges associated with the lease, use of studio facilities, production equipment and personnel and other resources, and broadcast times; 2. Copies of all contract documents to be utilized in connection with such leases; and 3. A statement as to whether identification of parties to whom channels will be leased and apportionment of leased time thereon will be vested within the sole discretion of the applicant, or determined in accordance with standards or criteria, and if so, a statement of all criteria, standards and requirements proposed to be utilized by the applicant in apportioning leased time should the demand therefore exceed the channel supply. (Prior code § 20.04.338)

Sacramento City Code § 5.28.870 Compliance with proposal.

5.28.870 Compliance with proposal. A franchisee under the initial CATV franchise who has included within its application for the franchise a proposal for community use programming under the above sections shall comply during the entire term of the franchise with all such commitments contained in its application and the resolution offering the franchise, including, but not limited to, provision of the specified number of hours of community use programming pursuant to the terms and conditions stated, allocation and use of channels pursuant to the terms and conditions stated, and provision of all studio facilities, production equipment, personnel resources and other resources identified for the uses specified pursuant to the terms and conditions stated. During such term, the franchisee shall keep and maintain all such facilities, equipment and resources in good condition and repair, and replace any and all such facilities, equipment and resources as necessary to fulfill the obligation that the foregoing be provided and maintained during the entire term of the franchise. The failure to comply with the commitments and obligations identified by this paragraph shall be deemed to constitute a material violation and breach of the franchise documents. If a franchisee has included within its application a proposal under both Alternative No. 1 as described by Section 5.28.850 of this chapter, and Alternative No. 2 as described by Section 5.28.860 of this chapter, community use programming cablecast on the access channel(s) provided under Alternative No. 1, as described by Section 5.28.850 of this chapter, shall not count for the purposes of fulfilling the broadcast commitments assumed under Alternative No. 2, as described pursuant to subsection A of Section 5.28.860 of this chapter. (Prior code § 20.04.340)

Sacramento City Code § 5.28.880 Resources for public agencies.

5.28.880 Resources for public agencies. Applicants for a franchise shall be authorized, but not required, to include within their applications proposals for services, resources or benefits to the county or cities, including, but not limited to, free or discounted rates for subscription to services on the subscriber network or institutional network, channels or time thereon on the subscriber network or institutional network, electronic or other equipment, use of the institutional network, staffing resources or other services, resources or benefits for improvement in the delivery of governmental services of efficiency of governmental operations. A franchisee who has proposed the provisions of such services, resources or benefits in its application shall comply during the entire term of the franchise with all commitments contained in its application and the resolution offering the franchise pursuant to the terms and conditions stated therein, and the failure to provide such services, resources or benefits pursuant to the terms and conditions stated shall be deemed to constitute a material violation and breach of the franchise documents. An applicant who chooses not to make such a proposal shall not be disqualified from bidding or consideration in selection of the franchisee. It is expressly declared that the factors upon which selection will be based are so numerous and subjective as to make it impossible to know in advance the relative importance of a determination by an applicant to either make or not to make such a proposal in relation to other factors upon which award of a franchise will be based. (Prior code § 20.04.342)

Sacramento City Code § 5.28.890 Resources for others.

5.28.890 Resources for others. Applicants for a franchise may, for the purposes of promoting improvement in cable services to the community and influencing the motivation of the awarding authority to select the particular applicant as the franchisee, include within their applications the commitment of services, resources or other benefits (including, but not limited to, ongoing financial support, channels or broadcast time thereon, personnel resources or facilities or equipment) to specifically identified parties other than the county or cities. The application shall contain an identification of any such commitments, including a specific description of the nature and extent of all services, resources or benefits committed, the names and addresses of all parties to whom the commitments are made, all terms and conditions of the commitments, and copies of legal instruments such as contracts, leases, memoranda of understanding or other documents by which the commitments, when accepted and the documents executed by the recipients, would be evidenced. Each such legal instrument shall contain provisions requiring that such services, resources or benefits be utilized exclusively for cultural, educational, scientific, character building, recreational or public service purposes, and prohibiting the utilization thereof for commercial purposes. During the hearing conducted for the purpose of receiving comments from such recipients pursuant to the provisions of Section 5.28.410 of this chapter, the body or bodies conducting the hearing shall: A. Order such changes in the legal instruments by which the commitment of such services, resources, or benefits are to be evidenced as are found necessary in order to fulfill the objects and purposes of the application submitted by the tentative selectee, without altering the nature or scope of the commitments made; or direct the proposed recipients and tentative selectees to meet separately for the purpose of developing mutually acceptable changes in the legal instruments for later review and approval by the body or bodies conducting the hearing; B. Approve as to form all legal instruments determined to be sufficient to adequately express the commitments and terms and conditions thereof; and C. Determine which, if any, of such legal instruments are to be incorporated into the franchise documents and made a part of the terms and conditions of the franchise, and order such incorporation by reference to the instrument in the resolution offering the franchise. Notwithstanding the terms thereof and any other provisions of this ordinance, any such legal instruments which have been incorporated into the resolution offering the franchise pursuant to this section shall be subject to modification upon the written agreement of the franchisee and the commission without the consent of the recipient, the county or the cities, provided that any recipient which is adversely affected by such modification shall be entitled to terminate its contract with the franchisee. With respect to any legal instrument which is made a part of the franchise documents by reference in the resolution offering the franchise, the violation and breach by the franchisee of the obligations therein shall be deemed to constitute a material violation and breach of the franchise documents. Obligations and prohibitions assumed by the recipient under such legal instruments by either execution of the instruments or acceptance of the services, resources or benefits committed shall be enforceable either by the franchisee or the cable television commission. Violation and breach by the franchisee of any legal instrument which is not made a part of the franchise document by reference in the resolution offering the franchise shall not be deemed to constitute a violation or breach of the franchise documents. Incorporation of such a legal instrument into the franchise documents by reference in the resolution offering the franchise shall not be deemed to obligate the county, cities or commission to fulfill any promise contained therein. Services, resources or benefits committed to specifically identified parties other than the county or cities which are not evidenced by separate legal instruments included with the application, shall not be considered in the selection process. An applicant who chooses not to commit services, resources or benefits as authorized by this section shall not be disqualified from bidding or consideration in selection of the franchisee. It is expressly declared that the factors upon which selection will be based are so numerous and subjective as to make it impossible to know in advance the relative importance of a determination by an applicant to either make or not to make such a proposal in relation to other factors upon which award of a franchise will be based. (Prior code § 20.04.344)

Source: City of Sacramento, Sacramento City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/sacramentoca/latest/sacramento_ca/0-0-0-10660Fetched: 10/24/2026