§ 26-7. Characteristics of a franchise.

(a)

A franchise authorizes use of the public rights-of-way for installing cables, wires, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary and pertinent to operate a cable system or open video system to serve subscribers within the county. A franchise does not authorize, expressly or implicitly, a franchisee to provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities upon other property of the county or upon private property without owner consent (except for use of compatible easements pursuant to section 621 of the cable act, 47 U.S.C. § 541(a)(2) or as otherwise provided by applicable law), or to use publicly or privately owned conduits without a separate agreement with the owners.

(b)

Any franchise granted pursuant to this chapter shall be nonexclusive, and will not preclude, expressly or implicitly, the issuance of other franchises within the county, or affect the county's right to authorize use of public rights-of-way to other persons to operate cable systems or open video systems or for other purposes as it determines appropriate. All privileges prescribed by a franchise shall be subordinate to any prior lawful occupancy of the public rights-of-way, and the county reserves the right to designate where a franchisee's facilities are to be placed within the public rights-of-way. A franchise does not convey any title, equitable or legal, in the public rights-of-way.

(c)

A franchise shall be a personal privilege that is in the public trust. Except in the case of a pro forma transfer for which notice to the county within ten days of closing the transaction but no consent of the county shall be required, no transfer of a franchise shall occur without the prior consent of the county, which shall not be unreasonably withheld, and unless application is made by the franchisee, and county's approval is obtained, pursuant to this chapter and a franchise agreement.

(d)

A franchise granted pursuant to this chapter to construct, operate, and maintain a cable system or OVS within the county shall be deemed to constitute both a right and an obligation on the part of the franchisee to provide the services and facilities of a cable system or OVS as required by the provisions of this chapter and the franchise. The franchise agreement shall incorporate by reference all of the provisions of the franchisee's application for the franchise that are finally negotiated and agreed upon by the county and franchisee.

(e)

In the event that a franchisee or its affiliate elects to offer to subscribers video programming services through any means or method not included within the definition of a cable system, including but not limited to an open video system, the franchisee shall remain subject to all terms and conditions of the franchise granted pursuant to this chapter with respect to its cable system or OVS.

(f)

Unless a franchise agreement specifically provides otherwise, all franchises granted pursuant to this chapter shall apply to the entire territorial area of the county. A franchise agreement may provide that a franchisee must provide a certain level of service to a particular area of the county, before a franchisee may extend service to other areas of the county.

(g)

The county may waive the requirement of a franchise for the construction of a cable system or OVS that is not constructed to provide service within the county and that does not provide such services within the county. For the construction of such facilities, the county may grant a license for a term no longer than five years and providing for reasonable compensation to the county for use of its public rights-of-way. A license shall be revocable at the will of the board of county commissioners. Except as to matters specifically addressed in the license, the terms of this chapter will apply to a licensee. If a person granted a license provides cable services within the county, the person shall obtain a franchise and otherwise comply with the requirements of this chapter.

(Ord. No. 02-18, § 2, 7-30-02)