Establishment of service - Time restrictions.
San José Municipal Code § 15.28.700
in effect15.28.700 - Establishment of service - Time restrictions.
A. Grantee shall proceed, within a reasonable time from the effective date of the ordinance granting the franchise or franchise renewal, to obtain all necessary permits, contracts and authorizations which are required in the conduct of its business, including public utility joint-use agreements and any microwave carrier license or other licenses granted or required by duly constituted regulatory agencies having jurisdiction over such facilities. Further, grantee shall commence the work of construction of facilities required to be installed to comply with the franchise or franchise renewal within a reasonable time subsequent to the obtaining of all necessary permits and authorizations. The completion of the installation shall be pursued with reasonable diligence so that service to all subscribers within each service area for which grantee has a franchise shall be provided or be available within such reasonable time as is set forth in said franchise or franchise renewal.
B. If the necessary permits, contracts, agreements and licenses have not been secured within eighteen months from the effective date of the ordinance, the city shall have the right to terminate the franchise or franchise renewal, after holding a public hearing and determining that the public interest requires that the franchise or franchise renewal be terminated. If the council determines at said hearing that the public interest would not be served by the cancellation of said franchise or franchise renewal, and that with reasonable diligence on the part of grantee such permits, contracts, agreements and licenses can be obtained within a further period specified by the council, said franchise or franchise renewal may be extended for such additional period.
C. Failure on the part of grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein shall be grounds for termination of such franchise or franchise renewal. Delays beyond the control of grantee shall be taken into consideration by the council, but shall not prevent a cancellation or termination if the council determines that the public interest so requires.
D. After the grantee shall have established service pursuant to this chapter, such service shall not be suspended or abandoned unless such suspension or abandonment is authorized by resolution of the city council. A finding by the city council of an unauthorized suspension or abandonment for a period of more than ten days shall constitute cause for revocation of the franchise or franchise renewal.
(Prior code § 10126.1; Ord. 22101.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT15PUUT_CH15.28CATESY_PT6CATERASE_15.28.700ESSEIMREFetched: 11/1/2026