No franchise shall be deemed to expressly or impliedly authorize the franchisee to
construct or install poles or wire-holding structures within streets for the purpose
of placing cables, wires, lines or otherwise, without the written consent of the county
or cities within which the street is situated. Such consent shall be given or withheld
in the sole discretion of the governing body, and may be given upon such terms and
conditions as the governing body in its sole discretion may prescribe which shall
include a requirement that the franchisee perform, at its sole expense, all tree trimming
required to maintain the poles clear of obstructions.
With respect to any poles or wire-holding structures which a franchisee is authorized
to construct and install within streets, the county or cities with jurisdiction over
the street or a public utility or public utility district serving the county or cities
may, if denied the privilege of utilizing such poles or wire-holding structures by
the franchisee, apply for such permission to the cable television commission. If the
commission finds that such use would enhance the public convenience and would not
unduly interfere with the franchisee's operations, the commission may authorize such
use subject to such terms and conditions as it deems appropriate. Such authorization
shall include the condition that the county, cities, public utility or public utility
district pay to the franchisee any and all actual and necessary costs incurred by
the franchisee in permitting such use.
