§ 26-4. Applicability of this chapter.

(a)

This chapter shall be applicable to all cable franchises granted, renewed, or transferred after the effective date hereof, and shall apply to all cable franchises in existence prior to the effective date of this chapter, to the full extent permitted by law. This chapter is not intended to impair an existing franchise agreement in violation of applicable law.

(b)

Any franchisee whose franchise agreement predates the effective date of this chapter shall continue to operate pursuant to the franchise agreement and may notify the county in writing within 45 calendar days of the passage of this chapter, or any subsequent amendment thereof, of:

(1)

Any provision which it believes should not be applicable to it by reason of the preexisting franchise agreement and,

(2)

The reason for each such claim of non-applicability.

(c)

Failure to notify the county as provided in (b) above shall constitute a waiver of any right to object.

(d)

The operator of any cable system or OVS that does not have a franchise or license as required under this chapter shall have three months from the effective date of this chapter to file an application for a franchise or license.

(e)

Applications pending as of the effective date of this chapter shall be subject to this chapter. A person with a pending application shall be provided 30 calendar days from the effective date of this chapter to amend the application if necessary to comply with the requirements of this chapter.

(f)

Nothing herein requires the county to apply the provisions of this chapter to a government entity if the county determines that it is not in the public interest to do so. Nothing in this chapter shall require a government entity to comply with this chapter to the extent that the county cannot enforce the provisions of this chapter with respect to such government entity under applicable law.

(Ord. No. 02-18, § 2, 7-30-02)