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AN ORDI~ANCE OF THE CITY OF ?LF~.SANTON PROVIDING FOR THE
<br />GRANTING OF FRANCI~ISES FOR c,O~4UNITY ANTENNA TELEVISION
<br />SYSTEMS IN THE CITY OF PLEASANTON: PROVIDING TERMS AND
<br />CONDITIONS FOR THE OPERATION OF SUCH COFA~ONITY ANTENNA
<br />TELEVISION SYSTEMS AND FEES THEREFOR
<br />
<br />BE IT ORDAINED BY THE COUNCIL OF PLEASANTON:
<br />
<br /> SECTION 1. A nonexclusive franchise to construct, operate and naintain
<br />a community antenna television system in the City of Pleasantonmay be granted
<br />by the City Council to any person, firm or corporation offering to furnish and
<br />provide such system under and pursuant to the terms and provisions of this Ordinance.
<br />
<br /> SECTION 2. DEFINITIONS: For the purpose of this Ordinance, the follow-
<br />ing tel~ms, phrases, words and their derivations shall have the meaning given herein:
<br />
<br /> (a) "CITY": The City above named, a municipal corporation of the
<br /> State ~)f California, in its present incorporated form or in any later recognized,
<br /> conso].idated, enlarged or retncorporated form.
<br />
<br /> · (b) "GRANTEE": The persons or corporations to whom or which a
<br /> fra~chise under this Ordinance is granted by the City Council and the lawful suc-
<br /> c~sor or assi§nee of said persons or corporations.
<br />
<br /> (c) "STREET": The surface of, and the space above and below, any
<br /> /public street, road, highway, freeway, lane, alley, court, sidewalk, parkway,
<br />/ easement, or drive, now or hereafter existinE as such %rithin the City.
<br />
<br /> (d) "COI~4UNITY ANTENNA TELEVISION SYSTEM": hereinafter referred
<br /> to as "CATV": Coaxial cables, wave guides, or other conductors and equipment for
<br /> providing television service by cable or through its facilities as herein con-
<br /> re,plated. CATV shall not mean or include the transmission of any special program
<br /> or event in the manner commonly known and referred to as "pay television" trans-
<br /> mission.
<br />
<br /> (e) "SUBSC?~DERS": Any person or entity receiving for any purpose
<br />the CATV service of the grantee herein.
<br />
<br /> (f) '~ROSS ANNUAL RECEIPTS": Any and all compensation in the form
<br />of gross rental and/or service receipts, excluding initial installation charges,
<br />received directly or indirectly from subscribers or users in payment for television
<br />signals received within the City.
<br />
<br /> Gross Annual Receipts shall not include any taxes on the ser-
<br />vices furnished by the grantee imposed directly on any user or subscribe~ by any
<br />City, State or other government unit and collected by the grantee for such govern-
<br />mental unit.
<br />
<br /> SECTION 3. USES PERMITTED BY GRANTEE: Any nonexclusive franchise granted
<br />pursuant to the provisions of this Ordinance shall authorize and permit the grantee
<br />to engage in the business of operating and providing a CATV system in the City, and
<br />for that purpose to erect, install, construct, repair, replace, reconstruct, main-
<br />tain and retain in, on, over, under, upon, across and along any public street or
<br />highway, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes,
<br />amplifiers, appliances, attachments, and other property as may be necessary and
<br />appurtenant to the CATV system; and in addition, so to use, operate and provide
<br />similar facilities or properties rented or leased from a public utility franchised
<br />Or perm%tied to do business in the City.
<br />
<br /> The grantee may nmke a charge to subscribers for connection to its CATV
<br />system and a fixed monthly charge as filed and approved as herein provided, for
<br />transmission to them only of television and audio programs received free by the
<br />public generally at the same time from regularly licensed stations. No charge may
<br />be made to subscribers for any other transmissions directed to them.
<br />
<br /> No permission or license is given to enter private property without the
<br />express consent of the owner or the a~ent in possession thereof.
<br />
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