6.12.050 Conditions of operation.
All cable television operators must comply with the following conditions:
A. The payment to Sierra County of an amount equal to five percent per annum of the gross revenue.
1. Gross revenue is defined as any and all compensation and other consideration in any form whatever received directly or indirectly by a franchisee from (a) subscribers or users in payment for television or FM radio signals, reception or service received within the unincorporated area of the county, whether said signals, reception or service is included within the term “basic subscriber service” or if an additional or premium charge is collected for said signals, reception or services; (b) any fees or income received by franchisee for carrying advertising or commercial messages over the CATV facilities; and (c) from any other subscriber for utilization of or connection to the CATV system of franchisee. Notwithstanding the above, gross annual receipts or gross revenue shall not include any taxes on services furnished by the franchisee and imposed directly on any subscriber or user by any city, state, or other governmental unit and collected by the franchisee for such governmental unit.
2. Said fees shall be paid to the Auditor quarterly not later than August 1st, November 1st, February 1st and May 1st for the preceding three-month period ending, respectively, June 30th, September 30th, December 31st, and March 31st. Not later than 60 days following the close of the fiscal year of the franchisee, each franchisee shall file with the Auditor a written statement by a certified public accountant which identifies in detail the sources and amounts of gross revenues received by the franchisee during the fiscal year. Any fee which is not paid when due shall incur a late charge of 10 percent. In addition, if fees (including any late charges) remain unpaid in excess of 30 days past the due date, then the franchise may be terminated in accordance with the provisions of this chapter.
3. No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim which Sierra County may have for further or additional sums payable under the provisions of this section.
B. The provision of adequate property damage and public liability insurance which amount shall be the sum of $1,000,000 but which amount shall, at county’s sole discretion, be subject to periodic revision. County will provide notice of any insurance increase and an opportunity to be heard to the franchisee. Operators shall maintain a certificate of insurance on file at all times during the operation of any cable television system naming the county as an additional insured. Said certificate of insurance shall be in a form approved by the office of the County Counsel and shall be filed with the Clerk-Recorder within 30 days of the granting of the franchise. Notice of cancellation or nonrenewal shall be provided to county by the insurance carrier 30 days in advance of such cancellation or nonrenewal.
C. The franchisee shall, within 30 days of the granting of the franchise, post and maintain a corporate surety bond or other adequate surety, in a form acceptable to the County Counsel. Such bond shall be in an amount acceptable to the Board of Supervisors at the time of issuance of the franchise but in no event less than $10,000. Said bond is subject to increase during the term of the franchise at such time as the Board of Supervisors in its sole discretion determines that the amount set is inadequate security. In considering any such bond increase, the Board of Supervisors shall take into account the reasonable estimate of the actual cost of repair or replacement of all county property affected by the grant of franchise hereunder in the event of abandonment of the franchise by the franchise.
Such surety shall remain in effect during the entire term of such franchise and thereafter until the franchisee shall have satisfied in full any and all obligations to the county which arise out of or pertain to said franchise. Said bond shall automatically be extended should any litigation which is subject to the franchisee’s duty to indemnify the county be pending upon the surety expiration date. (Ord. 747, eff. 8/17/89; Ord. 483, eff. 2/3/77)