A. From and after the effective date of this chapter, no person shall establish, operate or carry on the distribution to any persons in the City of any television signals or radio signals by means of a CATV system unless a franchise therefor has first been granted pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

B. From and after the effective date of this chapter, no person shall construct, install or maintain within any public street in the City, or within any other public property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, any equipment or facilities for distributing any television signals or radio signals through a CATV system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

C. No person shall make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within the City for the purpose of enabling themselves or others to take or receive television signals, radio signals, pictures, programs, or sound without payment to the owner of said system.

D. No person shall without the consent of the owner tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.

E. After notice and hearing, the City Council may reduce any or all of the subscriber rates of affected subscribers if the grantee fails to provide adequate service as required by the franchise, this code or Federal Communications Commission regulations. The grantee is not responsible for failure to provide adequate service which is caused by acts of God, strikes, governmental or military action, or similar conditions beyond its control.

F. In the event that the grantee’s service to any subscriber is interrupted for twenty-four (24) consecutive hours, except for acts of God, strikes, governmental or military action, or similar conditions beyond its control, and except in circumstances for which the prior approval of the interruption is obtained from the City Council, the grantee shall provide a ten (10) percent rebate of that month’s fees to affected subscribers.

G. In the event that the grantee’s service to any subscriber is interrupted for forty-eight (48) or more consecutive hours, except for acts of God, etc., and except in circumstances for which prior approval of the interruption is obtained from the City Council, the grantee shall provide a twenty (20) percent rebate of that month’s fees to affected subscribers.

H. In the event the system fails to meet any performance standards for a full three-month period, the grantee shall reduce all fees for affected subscribers by twenty-five (25) percent until all performance standards are met. The Council shall notify the grantee during the first month of the three-month period that the system has failed to meet performance standards and of the service addresses affected.

I. For failure to commence operations in accordance with Larkspur Municipal Code Section 5.44.080, unless the City Council approves the delay because of reasons beyond the control of the grantee, the franchise term shall be reduced one year for each three (3) months of delay. The City Council shall notify the grantee during the first month of the three-month period that the system has failed to meet standards.

J. For failure to complete construction and installation of the system as provided for in Larkspur Municipal Code Section 5.44.080, unless the City Council approves the delay because of reasons beyond the control of the grantee, the franchise term shall be reduced one year for each three (3) months of delay. The City Council shall notify the grantee during the first month of the three-month period that the system has failed to meet standards. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)