Services

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

in effect

Sacramento City Code § 5.28.1260 Purposes.

5.28.1260 Purposes. It is anticipated that the cost of installing the cable television system under the initial CATV franchise could range from seventy-five million dollars ($75,000,000.00) to one hundred million dollars ($100,000,000.00). It is also anticipated that annual gross revenues derived by the franchisee after the system has been completed and is fully operable could range as high as one hundred million dollars ($100,000,000.00). Whereas cable television services have traditionally been limited to television programming primarily for purposes of entertainment, advancing technology permits delivery of a new generation of interactive services which invade nonentertainment commercial fields, and may extend from the provision of burglar alarm services to services which permit the subscriber to shop or bank from his or her home and receive a vast array of professional, technical, educational and other information, to medical, fire protection and other emergency services, and to types of services which are as yet unidentified. A. Such services promise significant benefit to the community. They also potentially generate regulatory needs the exact nature and scope of which are impossible to predict, and the enforceability of which could be time consuming and expensive should a franchisee refuse to comply. The need to regulate could extend to: 1. Potentially unfair and unlawful competitive practices by a franchisee in operating and utilizing the cable television system to provide services; 2. Inadequate maintenance or repair by the franchisee of the cable television system; 3. Invasion of the privacy of subscribers; 4. Unethical or unfair business practices in relation to subscribers or others; and 5. A variety of other regulatory measures which are necessary to protect the health, safety or welfare of inhabitants of the Sacramento community. B. The provisions of this chapter address these issues by, with few exceptions, placing no limit upon the services which a franchisee may provide, mandating few services, prescribing general duties and responsibilities in relation to future public interest issues, and making no attempt, with few exceptions, to limit the services which a franchisee may provide to those which may be listed in the franchisee's proposal, and reserving broad authority to amend the provisions of this chapter under Section 5.28.150 of this chapter. The purposes of this chapter and this article are to: 1. Reserve and vest broad regulatory authority in the cable television commission in order to enable it to enact future regulations which are tailored to address the problems requiring regulation and to avoid sensitive constitutional issues which may arise in attempts to regulate operation of a cable television system; 2. Establish general regulatory guidelines defining the rights, duties and responsibilities of a franchisee and the cable television commission which may be made more specific, expanded or otherwise modified to meet future regulatory needs by regulations enacted by the commission or amendment of this article. (Prior code § 20.06.500)

Sacramento City Code § 5.28.1270 System ownership.

5.28.1270 System ownership. Legal and equitable title to the cable television system, including any and all studio facilities and production equipment provided for community use, the institutional network, and all channels of whatever kind or nature shall be vested in the franchisee. (Prior code § 20.06.502)

Sacramento City Code § 5.28.1280 Services.

5.28.1280 Services. Within a service area, services provided by a franchisee through its cable television system upon both the subscriber and institutional networks shall be offered uniformly upon nondiscriminatory terms to subscribers and users, and shall not differ based upon geographical location. The nature, extent and volume of services offered within a proposed service area and, except as provided by Section 5.28.1030 and 5.28.1040 of this chapter, outside of a service area, may differ from those offered within an imposed service area, and may differ from one proposed service area to another. Each application for a franchise shall describe in detail the manner, if at all, the nature, extent or volume of services offered within proposed service areas will differ from those offered within an imposed service area, and the manner, if at all, the nature, extent or volume of services offered will differ from one proposed service area to another. A. Each application for a franchisee shall contain schedules of all home educational and entertainment programming proposed to be shown on either the subscriber network or institutional network within each service area throughout the term of the franchise. The applications shall show for each service area: 1. All tiers of service, basic service being the lowest tier; 2. The number of channels within each tier of service offered at the subscription rate applicable to the tier, together with an identification of the tier placement of any channels allocated pursuant to Section 5.28.850, the second main paragraph in Section 5.28.860, and Sections 5.28.880 and 5.28.890 of this chapter; 3. A description of all programming from satellite and other sources to be offered on each such channel within each tier of service (including program descriptions) within the times prescribed by subsections (A)(2), (3) and (4) of Section 5.28.950 of this chapter; 4. A statement of the minimum number of hours per day and week programs or types of programming described in subsection (B)(3) of this section will be shown within the times prescribed by subsections (A)(2), (3) and (4) of Section 5.28.950 of this chapter; 5. A statement of the minimum number of hours per day and week each channel within each tier of service will contain home educational and entertainment programming which has not previously been broadcast within the Sacramento community; and 6. A statement of all premium services to be offered within each tier of service, together with program descriptions of each such service, and the minimum number of hours per day and week each such service will be available within each tier of service within the times prescribed by subsections (A)(2), (3) and (4) of Section 5.28.950 of this chapter. The provisions of subsections (B)(3), (4) and (6) of this section shall not be applicable to channels described by subsections (1)(a) through (e) of the definition of "basic service" in Section 5.28.020 of this chapter. B. Each application for a franchise shall also contain a description of such nonentertainment services (whether or not of an interactive nature) as the applicant offers to provide on either the subscriber network or institutional network within each service area throughout the term of the franchise. For each such service, applications shall show: 1. The nature, scope and extent of each service; 2. For each service, any restrictions relating to the geographical location of delivery, and the class of customer or recipient of service; 3. Schedules of all rates and charges under which each service will be offered to customers or recipients; 4. The names and addresses for each service of the proposed provider or providers of the service, together with a copy of the contract or other legal instrument between the franchisee and the provider(s); and 5. Such other information by amendment to the application as may be required during the public hearing referred to below. During the public hearings prior to tentative selection of a franchisee conducted pursuant to Sections 5.28.390 and 5.28.410 of this chapter, the governing bodies of the county and municipality of Sacramento respecting the initial CATV franchise, and the board of directors of the cable television commission respecting any other franchise, may, in their sole discretion, determine which, if any, such nonentertainment services shown in each application the applicant, if selected as the franchisee, would be vested with a contractual right and duty to perform throughout the term of the franchise. Any such identification may be accompanied by such conditions as are determined to be appropriate, including, but not limited to, conditions relating to the nature and extent of service provided, the terms and conditions of provision, and opportunities for use of the cable television system by others, including the circumstances under which leased access for such purposes will be provided. Any services so identified, together with the conditions thereof, shall be prescribed in the resolution offering the franchise to the extent they appear in the application filed by the franchisee. (Prior code § 20.06.504)

Sacramento City Code § 5.28.1290 Nonentertainment service rights and duties.

5.28.1290 Nonentertainment service rights and duties. A franchisee's rights and duties respecting the provision of nonentertainment services (whether or not of an interactive nature) on either the subscriber or institutional networks during the term of the franchise shall be as follows: A. A franchisee shall be authorized, but not vested with a contractual right or duty, to provide services which either: 1. Have been identified in its application but have not been prescribed by the resolution offering the franchise; or 2. Have not been described, specified or identified either in the application or resolution offering the franchise. The authorization shall be subject to modification through regulation or revocation (by prohibiting the service) pursuant to Section 5.28.1300 of this chapter. B. A franchisee shall be vested with a contractual right and duty to provide services prescribed by the resolution offering the franchise during the entire term of the franchise. Public hearings to receive comment upon such matters shall be conducted pursuant to the last paragraph in Section 5.28.1280 of this chapter, prior to tentative selection of a franchisee, or, after notice given in the manner prescribed by Section 5.28.080 of this chapter and mailed to the tentative selectee, between the date of tentative selection and approval of the resolution offering the franchise by the governing bodies of the county and municipality of Sacramento, or subcommittees thereof, sitting jointly with respect to the initial CATV franchise or the board of directors of the commission, or a subcommittee thereof, with respect to any other franchise. In the event the public hearing is conducted between the date of tentative selection of a franchisee and approval of the resolution offering the franchise, the issuing authority shall be vested with the same powers in connection with nonentertainment services by the tentative selectee as are prescribed by the last paragraph in Section 5.28.1280 of this chapter. Services prescribed in the resolution offering the franchise shall be provided in compliance with all conditions prescribed by the resolution. Pursuant to Section 5.28.1300 of this chapter, such services may be regulated and the conditions applicable thereto set forth in the resolution may be modified or expanded; provided that no such service shall be prohibited. A franchisee providing a nonentertainment service or desiring to offer or provide such a nonentertainment service which has not been identified in the resolution offering the franchise (whether or not the service has been described in the franchisee's application) may, at any time during the term of the franchise, file with the clerk of the board of directors of the cable television commission a written request for approval of the vesting thereof. The written request for approval shall contain such information as is required by the board of directors of the commission. Not later than thirty (30) calendar days following the date of filing of the request for approval, the board of directors of the commission shall commence a public hearing thereon, notice of which is given in the manner prescribed by Section 5.28.080 of this chapter. At the conclusion of the public hearing, the board of directors of the commission may, in its sole discretion, either approve or disapprove the proposed service. If the service is approved, the approval may be granted upon such conditions as are described by the last paragraph in Section 5.28.1280 of this chapter. A franchisee, from and after the date of such approval, shall be vested with a contractual right and duty to provide such a service subject to the following limitations. The service shall be provided in compliance with all conditions prescribed by the approval. Pursuant to Section 5.28.1300 of this chapter, such service may be regulated and the conditions set forth in the approval may be modified or expanded, but no such service may be prohibited. (Prior code § 20.06.506)

Sacramento City Code § 5.28.1300 Regulation of nonentertainment services.

5.28.1300 Regulation of nonentertainment services. No nonentertainment services (whether or not of an interactive nature) provided through the cable television system shall be provided or operated in a manner which is detrimental to the public peace, health, safety or welfare. The board of directors of the cable television commission may, from time to time during the term of a franchise, after public hearings notice of which is given in the manner prescribed by Section 5.28.080 of this chapter, exercise the following powers: A. Prohibit or adopt rules or regulations governing the provision or manner of operation or provision of a nonentertainment service which either has been described by the application for the franchise but not identified in the resolution offering the franchise or which has not been described, identified or specified either in the application or resolution offering the franchise, and which has not been approved pursuant to the last paragraph in Section 5.28.1290 of this chapter; B. Adopt rules or regulations governing, or modifying or adding conditions relating to, the provision or manner of operation or provision of a nonentertainment service which has either been identified by the resolution offering the franchise or approved pursuant to the last paragraph in Section 5.28.1290 of this chapter; or C. Adopt regulations relating to opportunities for use of the cable television system by others, in relation to a specific nonentertainment service provided by the franchisee, including the circumstances under which leased access for such purposes will be provided. A franchisee shall comply with any such conditions, rules or regulations; provided that with respect to any service identified by the resolution offering the franchise or approved pursuant to the last paragraph in Section 5.28.1290 of this chapter, a franchisee shall be authorized to terminate the service in lieu of complying with conditions, rules or regulations applicable thereto adopted pursuant to this section. The powers of the board of directors of the commission under this section are coextensive with those which are authorized by laws of the state of California or United States and with those defined by the police power expressed by Article XI, Section 7 of the California Constitution. A franchisee shall not in relation to this section be deemed to have contractually or otherwise waived any constitutional right which would otherwise be applicable to a franchised cable television operator. (Prior code § 20.06.508)

Sacramento City Code § 5.28.1310 Educational and entertainment services.

5.28.1310 Educational and entertainment services. Subject to the provisions of this section and the authority reserved by Section 5.28.1320 of this chapter, a franchisee shall be deemed to be vested with a contractual right and duty to provide those home educational and entertainment services identified in its application. It is understood that with respect to home educational and entertainment programming on either the subscriber or institutional networks, tier arrangements, premium services, and program selection and content which a franchisee has elected to propose in its application are among the material factors which are considered in selecting the franchisee. The hierarchy of programming arranged within tiers of service, and placement of premium programs therein as shown by the application, cost relationships between tiers of service (other than basic service) to the extent an operator includes such rates in its application, and number of channels within tiers and programming thereon also constitute material factors considered in selection. It is also understood that changing circumstances, including marketing strategy, program availability and other factors, will require that programming identified in the franchisee's application pursuant to Section 5.28.1280 of this chapter, will be changed from time to time during the term of the franchise. Therefore, a franchise shall be authorized to alter the allocation of channels to tiers of service and home educational and entertainment programming from time to time during the term of the franchise from that identified in its application and provided at the times defined by subsections (A)(2), (3) and (4) of Section 5.28.950 of this chapter; provided that no such change shall materially reduce or eliminate programming of the nature, extent, volume or quality identified in the application or provided at the above times or materially alter the hierarchy of program relationships identified by the application or provided at the above times. A franchisee shall be authorized to move particular premium services from one tier of service to another during the term of a franchise if with respect to a specifically identified premium service, the application clearly shows that the franchisee has placed the premium service in a particular tier only for purposes of illustration, and reserves the right, in its sole discretion, to place the premium service in any tier which it elects from time to time during the term of the franchise. If at any time the board of directors of the cable television commission asserts that a franchisee has violated the provisions of this section it shall be authorized to mail to the franchisee written notice of its demand for arbitration. The notice shall specify the particulars underlying the board's assertions. If arbitration is requested, the arbitration panel shall be selected, the hearing scheduled within the time prescribed, notice given, the hearing conducted, decision made and costs divided in the manner prescribed by Sections 5.28.1920 through 5.28.1970 of this chapter. The discovery provisions of the California Arbitration Act (Code of Civil Procedure, Section 1280, et seq.) shall be applicable to arbitration proceedings under this section. The questions which may be submitted to the arbitration panel and jurisdiction of the arbitration panel shall be limited to the following: A. The interpretation of the provisions of the franchise documents solely in relation to the decision required by subsection B of this section; B. Determination of whether the franchisee has materially reduced or eliminated programming of the nature, extent, volume or quality identified in its application or provided at the times defined by subsections (A)(2), (3) or (4) of Section 5.28.950 of this chapter, or materially altered the programming relationships between tiers of service identified by the application or provided at the above times; and C. In the event of an affirmative determination under subsection B of this section, the remedy, which may include, but is not limited to, the reallocation of channels among tiers of service, the reallocation of programming among tiers of service, increases of particular types of programming or reinstatement of terminated programming. The arbitration award may be judicially enforced, shall be final, binding and conclusive upon the parties and shall not be subject to judicial review or vacation except on grounds set forth in Section 1286.2 of the Code of Civil Procedure. (Prior code § 20.06.510)

Sacramento City Code § 5.28.1320 Regulation of educational and entertainment services.

5.28.1320 Regulation of educational and entertainment services. No home educational or entertainment service provided through a cable television system, shall be provided or operated in a manner which is detrimental to the public peace, health, safety or welfare. The provisions of this section shall not be self-executing, shall not be deemed to authorize the cable television commission or any other public authority to establish bans upon services in advance of the offering thereof, and may be invoked solely pursuant to the following procedure. If the board of directors of the cable television commission determines that there is reason to believe that a particular service provided through a cable television system is of a type or is otherwise provided in a manner which is detrimental to the public peace, health, safety or welfare, the board shall schedule a public hearing. Written notice identifying the service or services or method of provision subject to the determination shall be mailed to the franchisee not later than thirty (30) days in advance of the hearing. Notice of the hearing shall be given in the manner prescribed by Section 5.28.080 of this chapter. If at the conclusion of the public hearing, the board determines that a service is being provided of a type or in a manner which is detrimental to the public peace, health, safety or welfare, the board may enact regulations which prohibit the services or otherwise regulate the manner of the provision thereof, as the case may be, and may enforce the regulation by appropriate action in the courts of this state. The powers of the board of directors of the commission under this section are coextensive with those which are authorized by laws of the state of California or United States and with those defined by the police power expressed by Article XI, Section 7 of the California Constitution. A franchisee shall not in relation to this section be deemed to have contractually or otherwise waived any constitutional right which would otherwise be applicable to a franchised cable television operator. (Prior code § 20.06.512)

Sacramento City Code § 5.28.1330 Subscriber antennas.

5.28.1330 Subscriber antennas. No franchisee shall remove or offer to remove any potential or existing subscriber antenna, or provide any inducement for removal as a condition respecting the provision of service. (Prior code § 20.06.514)

Sacramento City Code § 5.28.1340 Post-franchise service.

5.28.1340 Post-franchise service. In the event the cable television commission fails to renew a franchise, a franchise is cancelled in advance of the expiration of its term, or a new operator succeeds to the franchise by assignment or otherwise, the preceding franchisee shall, without compensation, cooperate with the cable television commission, new operator or new franchisee in maintaining continuity of service to all subscribers and users. Such cooperation shall include, but not be limited to, making records available for inspection and review, the provision of advice and other assistance as requested. Upon written notice mailed by the commission to the franchisee for the purpose of insuring continuity of service to subscribers and users, a franchisee, without compensation or other special consideration, shall operate the cable television system during the period subsequent to the termination of the franchise and shall repair and maintain the system, conduct the business associated with operation of the system, and provide uninterrupted services during the post-franchise period during such time as is requested by the commission pursuant to the terms and conditions of the franchise documents for the franchise which has expired or terminated. During such period, the franchisee shall be entitled to revenues, profits and shall be solely responsible for any operating losses; provided that franchise fees prescribed pursuant to Article VII of this chapter shall be payable during said period. (Prior code § 20.06.518)

Sacramento City Code § 5.28.1350 Audio and video quality.

5.28.1350 Audio and video quality. Each franchisee shall furnish to its subscribers, users and other customers all services through a cable television system at the best possible signals available under the circumstances existing at the time, to the satisfaction of the cable television commission, and shall provide quality reception of basic service and other services described pursuant to Section 5.28.1280 of this chapter, to each subscriber so that both sound and picture are produced free from visible and audible distortion and ghost images on standard television receivers in good repair. No franchisee shall permit its cable television system to interfere with television reception of persons not served by the franchisee. Nor shall any system interfere with, obstruct or hinder in any manner, the operation of the various utilities serving the Sacramento community. (Prior code § 20.06.520)

Sacramento City Code § 5.28.1360 Continuity of quality.

5.28.1360 Continuity of quality. Each franchisee shall continue throughout the term of the franchise to maintain the technical standards and quality of service set forth in the franchise documents for that franchise. (Prior code § 20.06.522)

Sacramento City Code § 5.28.1370 Maintenance and repair.

5.28.1370 Maintenance and repair. During the term of each franchise, the franchisee shall maintain its cable television system in good condition and repair, render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. (Prior code § 20.06.524)

Sacramento City Code § 5.28.1380 Office-Service.

5.28.1380 Office-Service. Each franchisee shall maintain at least one business office and repair center within the Sacramento community. The business office shall be open at least during the hours of nine a.m., through five p.m., Mondays through Fridays, excepting legal holidays. Staffing shall be maintained to provide repair services at least during the hours nine a.m., through five p.m., seven days a week, legal holidays other than Saturdays and Sundays excepted. Capacity shall be maintained to receive and record service calls for maintenance and repairs seven days per week, twenty-four hours per day, including legal holidays. The business office and repair center shall be reachable by local toll-free telephone, and the telephone number or numbers shall be listed in all directories published by all telephone companies containing telephone numbers within the Sacramento community. Each franchisee shall promptly respond to, investigate and resolve complaints. Necessary maintenance or repairs shall be made expeditiously, permitting as little interruption of service as possible. No direct charge shall be made to subscribers for service calls or for repairs which do not result from damage caused by subscribers. (Prior code § 20.06.526)

Sacramento City Code § 5.28.1390 Continuity of service.

5.28.1390 Continuity of service. Each franchisee shall take such affirmative action as is necessary in order to avoid interruptions of services and minimize unavoidable interruptions of services. A. If during the term of the franchise, the franchisee determines that it is necessary to significantly interrupt receipt by some or all subscribers or users of services as a result of the need to undertake major repairs or extend, expand, modify or otherwise improve the cable television system, such work shall be planned, designed and scheduled in such a manner as to avoid continuous interruption of service to the maximum extent possible, keep prolonged interruption to a minimum, and restrict interruptions to periods of least viewing intensity. Plans for such interruptions of service shall be subject to approval of the cable television commission in advance of implementation. B. The board of directors of the cable television commission shall be authorized to enact, and a franchisee shall comply with, rules which excuse subscribers from the payment of rates to a franchisee for services provided through a cable television system during periods transmission or receipt of signals for such services is interrupted as a result of defects in, malfunctions of, periods required for repair of or periods required for expansion, modernization or improvement of the cable television system, or any part or portion thereof. (Prior code § 20.06.528)

Sacramento City Code § 5.28.1400 Records.

5.28.1400 Records. Each franchisee shall maintain for a period of five years and make available for inspection and copying by authorized representatives of the cable television commission, the following: A. A permanent service log which shows the name and address of each person requesting maintenance or repair service, the nature of the service requested, the date and time the request was received, and the disposition (including the date on which repair was made or the request otherwise resolved, and method of resolution); B. A permanent record of each request for subscription to basic service, including the name and address of the person making the request, and the date of the request; C. A permanent record of each written complaint received by the franchisee pursuant to the provisions of Section 5.28.1450 of this chapter, together with the name and address of the complainant, the nature of the complaint, and the dates and descriptions of any and all investigatory, corrective or other actions taken as a result thereof. (Prior code § 20.06.530)

Sacramento City Code § 5.28.1410 Reporting.

5.28.1410 Reporting. During the term of any franchise issued pursuant to the provisions of this chapter, each franchisee shall, not less frequently than annually, file a written report with the clerk of the board of directors of the cable television commission. The report shall be filed not later than ninety (90) calendar days after the end of the franchisee's fiscal year. The report shall include the following: A. A summary of the activities of the franchisee during its previous fiscal year in the development and operation of the cable television system, including, but not limited to: a description of all services provided through the cable television system as of the conclusion of the fiscal year; a description of all such services which were added or terminated during the fiscal year; a statement of the number of subscribers by category of services rendered as of the end of the fiscal year; and a summary of the facilities, channels and resources made available during the fiscal year for community use, including a list of the persons and organizations which have produced, sponsored and broadcast programming upon community use channels, a description of the types of programming provided through such channels, and any recommendations by the franchisee for improvement in community use; B. A specific and detailed description of all components, elements and extensions of the cable television system which have been installed during the franchisee's previous fiscal year, showing the locations of all such installations, and including copies of the plans, specifications and drawings showing the components, elements and extensions as installed; C. A statement showing the franchisee's investments in property within the Sacramento community during the franchisee's previous fiscal year, including an identification of all real property or interests therein within the Sacramento community acquired or transferred by the franchisee and the amounts which the franchisee paid for the acquisition of said property or interests, a description of all buildings or other improvements which the franchisee constructed upon or added to real property within the Sacramento community together with the cost of such construction or additions, and an itemization by component category of all costs of components, elements and extensions of the cable television system; D. An audited statement signed by a public or certified public accountant of all income received by the franchisee during its previous fiscal year, including an itemization of all services provided through the cable television system, the unit or regular rates or charges for such services, and the amount of income received attributable to each service, and all other income from whatever sources, including an identification of each source and the amount of income attributable thereto; and E. Audited financial statements for the franchisee's previous fiscal year signed by a public or certified public accountant, including a balance sheet and profit and loss statement. A franchisee shall prepare and furnish to the board of directors of the cable television commission, at the times and in the form prescribed by the board, such other reports with respect to its operations, affairs, transactions, or property, as the board may deem necessary or appropriate to the performance of its functions. (Prior code § 20.06.532)

Sacramento City Code § 5.28.1420 Discrimination in service prohibited.

5.28.1420 Discrimination in service prohibited. No franchisee shall deny service, deny access or otherwise discriminate against subscribers, channel users or general citizens on the basis of age, ancestry, color, disability, genetic information, gender (including gender identity and gender expression), marital status, medical condition, national origin, race, religion, sex, or sexual orientation. It shall be the right of all subscribers, subject only to the payment of lawful rates and reasonable terms and conditions established by a franchisee or the board of directors of the cable television commission, to receive and continue to receive services. Initial subscription to service shall not be denied to any person on the basis of the person's credit rating or for other reasons relating to economic condition. (Ord. 2013-0038 § 7; prior code § 20.06.534)

Sacramento City Code § 5.28.1430 Franchisee's rules.

5.28.1430 Franchisee's rules. Each franchisee shall have authority to promulgate rules and conditions governing the conduct of its business. No such rules or conditions shall conflict with the franchise documents applicable to the franchise, the provisions of federal or state statutes or regulations, or county or cities' ordinances. Such rules or conditions shall be reasonable and subject to approval as to reasonableness by the board of directors of the cable television commission, after public hearings, notice of which has been given in the manner prescribed by Section 5.28.080 of this chapter, and shall not conflict with the rules and regulations enacted by the board of directors of the commission. (Prior code § 20.06.536)

Sacramento City Code § 5.28.1440 Privacy.

5.28.1440 Privacy. Each franchisee, and its officers, agents, employees, contractors and subcontractors, shall respect, refrain from invading, and take affirmative action to prevent violation of the privacy of subscribers served by the cable television system and others. A. Neither the franchisee nor any other person, agency, or entity shall tap, or arrange for the tapping or monitoring of any cable, line, signal input device or subscriber outlet or receiver for any purpose, whatsoever, except that the franchisee may conduct tests of the functioning of the system where necessary in order to ensure proper maintenance of the system and to collect performance data for agencies regulating the quality of signals, and the franchisee may conduct system-wide or individually addressed "sweeps" for the sole purpose of verifying system integrity (including individual security system integrity) controlling return path transmissions, billing for pay services, or collecting aggregate data on viewing patterns by channel. "Tapping" means observing a communications signal exchange where the observer is neither of the communicating parties, whether the exchange is observed by visual, aural or electronic means, for any purpose whatsoever. The provision of interactive services shall not be construed to be "tapping" or "monitoring" under this subsection. B. The franchisee shall not place in any private residence or in any institution any equipment capable of two-way communications without the written consent of the subscriber, and shall not utilize the two-way communications capability of the system for subscriber surveillance of any kind without the written consent of the subscriber specifying how the data collected will be used and by whom. Tenants who occupy premises connected by the system shall be deemed to be subscribers within the meaning of this subsection regardless of who actually pays for the service. The written consents shall be, and shall show on their face that they are, revocable by the subscriber at any time by written communication mailed by the subscriber to the franchisee. No penalty shall be invoked for a subscriber's failure to provide a written consent or for his or her revocation thereof, and all written consents shall so state on their face. The franchisee shall not make such written consent a condition precedent to receipt by a subscriber of noninteractive service. The provisions of this subsection shall not be deemed to require consent as a condition precedent to system-wide or individually addressed "sweeps" for the sole purpose of verifying system integrity, controlling return-path transmission, billing for pay services, or collecting aggregate data on viewing patterns by channel. C. No cable, line, wire, amplifier, convertor, or other piece of equipment associated with cable television system services shall be attached to any residence or other property of a citizen (except within streets) without first securing the written permission of the owner or tenant of the property. If such permission is later revoked, whether by the original or a subsequent owner or tenant, the franchisee shall remove forthwith all of the equipment and promptly restore the property to its original condition. The franchisee shall perform all installations in a workmanlike manner and shall be responsible for any damage to residences or other property caused by the installation. D. No franchisee or officer, agent or employee thereof shall sell, or otherwise make available, lists of the names and addresses of its subscribers, or any list which identifies, by name or otherwise individual subscriber viewing habits, to any person, agency, or entity for any purpose whatsoever; except that the franchisee shall, upon request, provide lists of names and addresses of its subscribers to authorized representatives of the cable television commission when the board of directors of the commission deems such information necessary for performance of the regulatory functions of the commission. Names and addresses of subscribers within the possession of the commission shall not be subject to public inspection or review. E. A franchisee may release the number of subscribers but only as a total number and as a percentage of the potential subscribers within the franchise area. When indicating the number of subscribers viewing a particular channel, a franchisee shall indicate only the total number of subscribers viewing during the relevant time and, the percentage of all subscribers which they represent, but not the identity of any subscriber. F. No polls or other two-way responses of subscribers shall be conducted whether for commercial purposes, in connection with community use, or otherwise unless the program of which the poll is a part contains an explicit disclosure of the nature, purpose, and prospective use of the results of the poll. The franchisee shall supervise and monitor all polls in which responses are received through the cable television system, and shall adopt and enforce measures which ensure that personally identifiable information concerning a subscriber, including his or her viewing habits and response or responses to the inquiry or inquiries, is not received by any third party, including the party sponsoring the poll. G. A franchisee shall not tabulate any test results, nor permit the use of the system for such tabulation, which would reveal the commercial product preferences or opinions of individual subscribers, members of their families or their invitees, licensees or employees, without advance written authorization by the subscriber. (Prior code § 20.06.538)

Sacramento City Code § 5.28.1450 Complaints.

5.28.1450 Complaints. The cable television commission and each franchisee shall separately designate representatives whose responsibility it is to receive and investigate complaints relating to violations of the franchise documents. As subscribers are connected or reconnected to a cable television system and at least annually as respects continuing subscriptions each franchisee shall by appropriate means, such as card or brochure, furnish information concerning the opportunity to make complaints, including the names, addresses and telephone numbers of the representatives designated by the franchisee and commission. Each franchisee shall make available for inspection and copying, all records relating to complaints, and make such other information available to the commission's representative as necessary to permit a complete investigation of complaints by the representative. (Prior code § 20.06.540)

Sacramento City Code § 5.28.1460 Evaluation sessions.

5.28.1460 Evaluation sessions. Upon request by either a franchisee or the cable television commission and, in any event, not less frequently than thirty (30) calendar days following the third, sixth, ninth, twelfth, fifteenth, and eighteenth years' anniversary dates following the date of filing of the certificate of acceptance of each franchise, the franchisee and the commission shall conduct evaluation sessions. The evaluation sessions shall be conducted during public hearings held by the board of directors or an advisory or other committee appointed by the board of directors of the commission, notice of which has been given in the manner prescribed by Section 5.28.080 of this chapter. Topics discussed at such sessions may include services, application of new technologies, system performance, services provided, programming offered, customers' complaints, privacy of franchisee or commission rules and regulations; and shall include any topic which the franchisee, the commission or members of the public request be discussed. (Prior code § 20.06.542)

Sacramento City Code § 5.28.1470 Standards for system quality.

5.28.1470 Standards for system quality. After public hearings, notice of which is given in the manner prescribed by Section 5.28.080 of this chapter, the board of directors of the cable television commission shall, from time to time, be authorized to enact technical standards applicable to the operation, maintenance, repair, replacement or functioning of a cable television system for the purpose of improving or maintaining quality of video or audio signals, freedom from interference, reliability of service delivery, or other similar types of functional characteristics of the system. Each franchisee shall take such actions as are necessary to comply with such standards, and the failure to do so shall constitute a material violation and breach of the franchise documents. (Prior code § 20.06.544)

Sacramento City Code § 5.28.1480 Testing and improvement of system.

5.28.1480 Testing and improvement of system. When the board of directors of the cable television commission finds that complaints from subscribers or other factors cast doubt upon the reliability or quality of service, the board of directors shall have the right to order a franchisee to test, analyze and report upon the performance of the cable television system. Such tests shall be conducted at the sole expense of the franchisee. The board of directors may require that the tests be supervised by an engineer selected by the board and compensated by the franchisee who signs all test records and provides an independent report or advice to the board. Within forty-five (45) calendar days following the date on which an order requiring the tests is mailed to the franchisee, the franchisee shall file with the clerk of the board of directors a report which identifies the system component or components tested, describes the equipment used and procedures employed in testing, and explains the nature, extent and cost of feasible alternative methods of correcting any deficiencies revealed. If after a public hearing notice of which has been given in the manner prescribed by Section 5.28.080 of this chapter, the board of directors of the commission finds that a franchisee has failed to comply with or maintain the technical standards or quality of service prescribed pursuant to Section 5.28.1470 of this chapter, or otherwise set forth in the franchise documents for that franchise, the board of directors may order the franchisee to make specifically enumerated repairs of or improvements in the system or changes in the maintenance, repair or operation of the system. The franchisee shall complete such repairs or improvements within a reasonable time, and, in any event, not later than six months following the date on which the order requiring repair or improvement is mailed to the franchisee. (Prior code § 20.06.546)

Sacramento City Code § 5.28.1490 Affirmative action.

5.28.1490 Affirmative action. No franchisee shall discriminate in employment or selection of contractors or subcontractors on the basis of race, color, religion, national origin or sex (including marital status). Each franchisee shall strictly comply with the equal employment opportunity regulations promulgated by the FCC, and all applicable federal and state statutes and regulations and ordinances of the county and cities. Each franchisee shall establish as objectives the employment of a work force based upon merit and achievement of a racial balance within its work force consistent with that which pertains within the residential population of the Sacramento community. (Prior code § 20.06.548)

Sacramento City Code § 5.28.1500 Commission powers.

5.28.1500 Commission powers. Except as otherwise expressly provided herein, the board of directors of the cable television commission shall be authorized to regulate all cable television operations and services provided by a franchisee for the purpose of promoting and protecting the public convenience, health, safety and welfare. The board of directors of the commission may exercise regulatory powers conferred herein by the enactment, from time to time, of rules and regulations, after a public hearing by the board or an advisory committee appointed by the board, notice of which is given in the manner prescribed by Section 5.28.080 of this chapter. The rule making powers of the board of directors shall include, but not be limited to, the authority to interpret, clarify, make specific and apply the provisions of this chapter and to enact rules and regulations which impose specific duties or prohibitions for the purpose of implementing the duties, responsibilities and restrictions set forth in said chapter or such duties, responsibilities and restrictions as may be authorized to be imposed by such future state or federal enactments as may, from time to time, occur. The foregoing shall include, but not be limited to, consumer protection regulations and, to the extent now or hereafter allowed by state and federal law, rate regulation. Each franchisee shall comply with all such rules and regulations. (Prior code § 20.06.552)

Source: City of Sacramento, Sacramento City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/sacramentoca/latest/sacramento_ca/0-0-0-10980Fetched: 10/24/2026