Municipal Code, Complete - City of Santa Barbara

B. DELEGATION OF ENFORCEMENT MECHANISMS. Such liquidated damages as Grantor may assess
against Grantee which do not include loss of the Franchise may, at Grantor's option, be determined by an officer or
agency of the Grantor to which it may delegate such administrative decisions, subject to due process and the criteria
contained in this Chapter and the Franchise, and subject to appeal to the City Council. (Ord. 5004, 1997.)
5.62.140 Areawide Interconnection of CATV Systems.
The Grantee shall endeavor to interconnect access channels of the cable system with any or all other CATV
systems in contiguous areas, upon the request of the City. Interconnection of systems may be done by direct cable
connection, microwave link, satellite, or other appropriate method. Upon receiving the request of the City to
interconnect, the Grantee shall immediately initiate negotiations with the other affected system or systems in order
that all costs may be shared equally among cable operators for both construction and the operation of the
interconnection link. The Grantee may be granted reasonable extensions of time to interconnect or the City may
rescind its order to interconnect upon petition by the Grantee to the City. The City shall grant said request if it finds
that the Grantee has negotiated in good faith and has failed to obtain an approval from the system or systems involved
with the proposed interconnection, or that the cost of the interconnection would cause an unreasonable or
unacceptable increase in subscriber rates. (Ord. 5004, 1997.)
5.62.150 Miscellaneous Provisions.
A. CAPTIONS. The section, subsection, paragraph, and subparagraph numbers and letters, and the captions
throughout this Chapter, are intended to facilitate reading and reference. Such numbers, letters, and captions shall not
affect the meaning or interpretation of any part of this Chapter.
B. FRANCHISE REFERENCES. A Franchise which cites, refers to, or otherwise incorporates this Chapter,
or portions thereof, shall be deemed to be a Franchise issued under and subject to this Chapter.
C. FILINGS. When not otherwise specified in this Chapter, all documents required to be filed with Grantor
shall be filed with the Grantor's representative as designated by Grantor.
D. NON-ENFORCEMENT BY THE GRANTOR. A Grantee shall not be relieved of its obligation to comply
with all provisions of this Chapter, and of its Franchise, and all laws and regulations, by reason of any failure of the
Grantor to demand prompt compliance.
E. CONTINUITY OF SERVICE. It is the right of all Subscribers to receive all available services authorized
by the Franchise so long as their financial and other obligations to the Grantee are honored. In the event that the
Grantee elects to rebuild, modify, or sell the System, the Grantee shall use due diligence and reasonable care to
ensure that all Subscribers receive continuous, uninterrupted service. In the event of purchase by the Grantor, or a
change of Grantee, the current Grantee shall cooperate with the Grantor or new Grantee to operate the Sys-tem for a
temporary period, in order to maintain continuity of service to all Subscribers. In the event that Grantee, through its
own fault, discontinues system-wide service for seventy-two (72) continuous hours, and Grantee is in material default
of its Franchise, or if the Franchise is revoked by Grantor (but not if Grantor fails to renew the Franchise), Grantor
may, by resolution, when it deems reasonable cause to exist, assume operation of the System for the purpose of
maintaining continuity of service. Grantor's operation of the System may continue until the circumstances which, in
the judgment of the Grantor, threaten the continuity of service are resolved to Grantor's satisfaction. Grantor shall be
entitled to the revenues for any period during which it operates the System.
F. OPERATION BY GRANTOR. During any period when the System is being operated by Grantor pursuant
to paragraph E above, Grantor shall attempt to cause as little disruption of operations as is consistent with the
maintenance of continuing service to Subscribers. Notwithstanding the foregoing, Grantor shall, as it may deem
necessary, make any changes in any aspect of operations that, in Grantor's sole judgment, are required for the
preservation of quality of service and its continuity.
G. MANAGEMENT BY GRANTOR. Grantor may, upon assuming operation of a System franchised
hereunder, appoint a manager to act for it in conducting the System's affairs. Such manager shall have such authority
as may be delegated by Grantor and shall be solely responsible to Grantor for management of the System. Grantee
shall reimburse Grantor for all its reasonable costs, in excess of System revenues, incurred during Grantor's operation
if the Franchise is in full force and effect during the period of Grantor's operation.
H. NOTICES. All notices and other communications to Grantee shall be addressed to it at the local address at
which Grantee conducts its business. All notices and other communications to Grantor shall be addressed to Santa
Barbara City Hall, or such other address as may be designated by Grantor.
I. FORCE MAJEURE; GRANTEE'S INABILITY TO PERFORM. In the event Grantee's performance of
any of the terms, conditions, obligations, or requirements of this Chapter, or any Franchise granted hereunder, is
prevented or impaired due to any cause beyond its reasonable control and not reasonably foreseeable, such inability to
perform shall be deemed to be excused, and no penalties or sanctions shall be imposed as a result thereof. Such
causes beyond Grantee's reasonable control and not reasonably foreseeable shall include, but not be limited to, any
acts of God, civil emergencies, labor unrest, strikes, utility interruptions, inability to obtain gratis access to an
individual's property, and any inability of the Grantee to secure all required authorizations or permits to utilize
necessary poles or conduits, so long as Grantee uses due diligence to timely obtain said authorization or permits.
154-10 rev. 4/30/97