A. A franchise granted to provide service within the city may authorize and permit the grantee to solicit, sell, distribute and make a charge to subscribers within the city for connection to the cable television system of the grantee, and shall also authorize and permit the grantee to traverse any portion of the city in order to provide service outside the city.
B. A franchise, easement, license or other permit granted to anyone other than the grantee to any portion of the city in order to provide service outside the city shall not authorized nor permit such person to solicit, sell, distribute or make any charge to subscribers within the city, nor to render any service to or connect any subscriber within the city.
C. No franchise granted under this chapter shall ever be given any value by any court or other authority, public or private, in any proceeding of any nature or character, wherein or whereby the city shall be a party or affected therein or thereby.
D. The grantee shall be subject to all provisions of the other ordinances, rules, regulations and specifications of the city heretofore or hereafter adopted, including, but not limited to, those pertaining to works and activities in, on, over, under and about streets.
Any privilege claimed under any franchise granted pursuant to this chapter in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.
The grantee also shall be subject to the provisions of general laws of the state of California, or as hereafter amended, when applicable to the exercise of any privilege contained in any franchise granted under this chapter, including, but not limited to, those pertaining to works and activities in and about state highways.
E. The grantee shall be prohibited from directly or indirectly doing any of the following:
1. Engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets or radios;
2. Imposing a fee or charge for any service or repair to subscriber-owned receiving devices, except for the connection of its service or for the determination by the grantee of the quality of its signal to the recipients thereof;
3. Soliciting, referring or causing or permitting the solicitation or referral of any subscriber to persons engaged in any business herein prohibited to be engaged in by the grantee;
4. Providing information concerning the viewing patterns of identifiable individual subscribers to any person, group or organization for any purpose.
F. If the Federal Communications Commission or the Public Utilities Commission of the State of California or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of any franchise granted under this chapter, then to the extent such jurisdiction shall preempt or preclude the exercise of like jurisdiction by the city, the jurisdiction of the city shall cease and no longer exist.
G. When not otherwise prescribed in this chapter, all matters herein required to be filed with the city shall be filed with the city clerk.
H. No person, firm or corporation within the service area of the grantee, and where trunk lines are in place, shall be refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or service charge.
I. Before providing cable television service to any subscriber, the grantee shall provide a written notice to the subscriber, substantially as follows:
Subscriber is hereby notified that in providing cable television service the grantee is making use of public rights-of-way within the City of Lawndale and that [if] the continued use of such right-of-way is denied to grantee for any reason, grantee will make every reasonable effort to provide service over alternate routes. By accepting cable television service, subscriber agrees he will make no claim nor undertake any action against the City of LawnHHdale, its officers, or its employees if the service to be provided hereunder is interrupted or discontinued.
J. The form of the grantee's contract with the subscriber shall also be subject to approval of the city.
K. The grantee may be required, at the option of the city, to purchase from the city any cable television system purchased through a negotiated sale or taken through eminent domain by the city, at a price equal to the city's total costs, including attorneys' and appraisers' fees and other costs of negotiation and/or litigation. The grantee shall be required to operate such system as part of its systems, without interruption of service, subject to the terms and conditions of the grantee's franchise and this chapter. (Prior code § 7-27)