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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B10-91. Application for an initial franchise or renewal franchise.

(a) This section establishes additional provisions that apply to an application for an initial franchise, or a renewal franchise application that is not governed by 47 U.S.C. Section 546(a)--(h) as the same may be amended.

(b) Any person may apply for an initial or renewal franchise by submitting an application therefor on that person's own initiative, or in response to a request for proposals issued by the County. If the County receives an unsolicited application, it may choose to issue a request for additional proposals, and require the applicant to amend its proposal to respond thereto. The County may conduct such investigations as are necessary to act on an application.

(c) Before taking final action on an application, the County shall conduct a public hearing in accordance with applicable state and federal law.

(d) In determining whether to grant a franchise, the County may consider:

(1) The extent to which an applicant for renewal has substantially complied with the applicable law and the material terms of any existing cable franchise ordinance;

(2) Whether an applicant for renewal's quality of service under its existing franchise ordinance, including signal quality, response to customer complaints, billing practices, and the like has been reasonable in light of the needs of the community;

(3) Where the applicant has not previously held a cable system franchise in the County, whether the applicant's record in the County or other communities indicates that it can be relied upon to provide high-quality service throughout any franchise term and to comply with its obligations under applicable law and its franchise;

(4) Whether the applicant has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in an application, and to satisfy any minimum requirements established by the County;

(5) Whether the applicant's application is reasonable to meet the future cable-related needs and interests of the County, taking into account the cost of meeting such needs and interests;

(6) Whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on streets, public property, and private property that will be used by the applicant's cable system;

(7) Whether issuance of the franchise would reduce competition in the provision of cable service in the County;

(8) Whether the applicant has proposed to provide adequate facilities, equipment, channels and other support for PEG use of the cable system;

(9) Such other matters as the County is authorized or required to consider, including California Govt. Code Section 53066.3, to the extent that it applies.

(e) If the County determines that issuance of a franchise would be in the public interest considering the factors described in this section, it may proffer a franchise ordinance to the applicant.

(f) Within 30 days after the effective date of the ordinance awarding a franchise or franchise renewal, or within such extended period of time as the County Board of Supervisors in its discretion may authorize, the successful applicant or franchisee shall file with the Office of the Clerk of the Board an unconditional written acceptance, in form satisfactory to County Counsel, of the franchise or franchise renewal. Such acceptance shall be acknowledged before a notary public and shall in form and content be satisfactory to and approved by County Counsel.

(Ord. No. NS-905, § 2, 12-13-05)

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