(A) Description of franchise. There are hereby created non-exclusive franchises which shall include the right to establish, construct, erect, operate, maintain, install, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along any and all public property such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary or convenient to the operation of the system subject to the terms and conditions set forth herein.
(B) Franchise term. The term of all franchises shall commence on the effective date of the ordinance granting said franchise and shall expire 15 years after said date, unless this franchise shall be terminated or renewed as herein provided.
(C) Award process. The county shall, by ordinance, grant one or more of the franchises herein created to the highest and best bidders after advertising the sale of the franchise by publication, pursuant to KRS Chapter 424, or other applicable law or succeeding or amended law, and receiving bids publically. The county shall have the right to reject any and all bids.
(D) Bid bonds. Every bidder who does not already own plant and equipment in the county sufficient to render the service contemplated by this chapter shall deposit with his or her bid cash or certified check in an amount equal to 5% of the fair estimated cost of the plant required to render this service, all pursuant and subject to the terms of KRS 96.020 or other applicable law. The said estimated cost shall be included in the advertisement for bids.
(E) Rights of reserve to the county. With respect to the franchises herein created, the county reserves the right notwithstanding other language contained herein, to regulate the poles, wires, or other apparatus and the public ways or grounds upon which they are erected, constructed, or installed and the right to require any franchisee to conform any changed grades or routes or such public ways or grounds, and to further right to require the removal of such poles, posts, wires, or other apparatus and to install its distribution facility and equipment underground, insofar as possible.
(F) Renewal.
(1) Upon the expiration of the term of any franchise, grantee may renew said franchise if:
(a) The grantee has substantially complied with the material terms of the franchise and with applicable law;
(b) The quality of the grantee’s service, including signal quality, response to consumer complaints, and billing practices, (including the mix, quality, or level or CATV system services or other services provided over the system) has been reasonable in light of community needs;
(c) The grantee has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in its renewal proposal;
(d) The grantee’s renewal proposal is reasonable to meet the future cable-related needs and interests of the county, taking into account the cost of meeting such needs and interests; and
(e) In any formal renewal hearing, the procedures set forth in § 626 (a) to (g) of the Cable Act, being 47 U.S.C. § 626(a) to (g) shall apply.
(2) Notwithstanding the foregoing, the grantee may submit a proposal for renewal of the franchise in accordance with § 626(h) of the Cable Act, being 47 U.S.C. § 626(h).
(Prior Code, § 64.003) (Ord. 89-15, passed 8-23-1989; Ord. 95-7, passed 4-19-1995; Ord. 95-6, passed 5-10-1995; Ord. 95-20, passed 12-13-1995; Ord. 2002-13, passed 6-12-2002)