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In the public interest and for the promotion of the public health, safety, welfare and convenience and pursuant to statutory authority contained in G.S.§ 160A-319, and other applicable laws, the following rules are adopted, which rules set forth the conditions, limitations, restrictions and requirements under which a person may construct or cause to be constructed, operate and maintain a cable television system and engage in the business of providing a cable television service in the corporate limits of the town.
(Prior Code, § 114.02) (Ord. passed 11-12-1981)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS CHANNELS. Those channels which are to be kept available by the franchisee for partial or total dedication to public access, educational access, local government access or leased access.
CABLE OFFICE. The business office of the franchisee which shall be conveniently accessible to the public and located in the franchise area or in an area served by the franchisee within the county.
CABLE TELEVISION SYSTEM. Any facility that, in whole or in part, receives directly, or indirectly over the air and amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television stations, radio stations or other electronic signals and distributes the signals by wire or cable to subscribing members of the public who pay for the service, but the term shall not include any facility that serves fewer than 75 subscribers; any facility that serves only the residents of one or more apartment dwellings under common ownership, control or management, and commercial establishments located on the premises of an apartment house; and any facility that serves only the residents of an overnight residential business establishment (such as, hotel, motel and the like) or any commercial establishments or private organizations or associations that services only its own employees, members of the general public upon its own premises, or its own members as the case may be.
CATV. Cable television.
EXTENSION COSTS. One time pro rata energizing charges and cable costs, inclusive of direct and indirect overhead so as to reflect the equivalent actual cost of equipment, wire and installation labor above and beyond the cost of a normal drop.
FCC REGULATIONS. The present and future valid rules and regulations promulgated by the FCC and applicable to cable television systems in the town.
FCC. The federal regulatory agency or agencies having regulatory jurisdiction over cable television.
FRANCHISE AGREEMENT. The ordinance adopted by the Board of Commissioners designating a franchisee for the operation of a cable television system in a designated basic area within the town, and designating the particular terms and provisions thereof, as shall supplement this chapter to include by incorporation the application for franchise made by the franchisee.
FRANCHISE. Authorization granted pursuant to the terms of this chapter to construct, operate, and maintain a cable television system within all, or a specified area, in the corporate limits of the town. The franchise shall be granted in the form of a franchise ordinance (herein also sometimes referred to as the FRANCHISE AGREEMENT) separate and distinct from any license or permit required for the privilege of transacting and carrying on business within the town as required by other ordinances and laws of the town. The franchise ordinance, together with this chapter, shall contain the terms and conditions upon which any cable television system may be operated in the town.
FRANCHISEE. The person, firm or corporation granted a franchise by the Board of Commissioners under this chapter and their lawful successors or transferees.
GROSS SUBSCRIBER REVENUES. Any and all compensation and other consideration in any form received by the franchisee arising from the sale of services offered under the authority of its franchise; provided, the term shall not include any sales, service, rent, occupational or other excise tax to the extent the taxes are charged separately in addition to the regular monthly service and any additional services and are remitted to a taxing authority.
NORMAL DROP. The conductor which provides subscriber interconnection to an existing or required cable television system feeder leg with a cable length not to exceed 200 feet, including the cable length required within the subscriber’s premises, as measured from the nearest street or road right-of-way line. NORMAL DROP shall mean a cable television signal cable and appurtenances of such construction, installations and system interconnection as provides signal levels of the quality and strength consistent with the technical quality requirements of the FCC rules. It may be overhead or underground. Drops in excess of the normal length shall be in accordance with the provisions of the line extension policy in this chapter.
PROPERTY OF FRANCHISEE. All property owned and installed or used by the franchisee in the operation of a cable television system or service in the county under authority of a franchise granted pursuant to this chapter.
STREET or ROAD. The surface of and the space above and below any publicly- or privately-owned or maintained property or any public street, right-of-way, highway, freeway, bridge, lane, path, alley, court, sidewalk, cartway, drive, existing as such within the franchise area.
SUBSCRIBER or USER. Any person lawfully receiving, for any purpose any service of the franchisee’s cable television system.
TWO-WAY CAPACITY. The system shall maintain a plant having technical capacity for audio and video return communications.
(Prior Code, § 114.03) (Ord. passed 11-12-1981)
It shall be unlawful for any person to own, operate or construct a cable television system in the corporate limits of the town or to provide cable television service to any subscriber within the town, except pursuant to a franchise agreement granting the right to do so between the town and the franchisee, which agreement shall incorporate by reference and be subject to this chapter to the same extent as though this chapter in its entirety is a part of the agreement. Notwithstanding the provisions of this section, the franchisee may designate others under contractual arrangement, to construct, own and lease to the franchisee the physical assets of the cable television system; provided, however, that, the franchisee shall be fully and solely responsible under the terms of this chapter and the franchise agreement. Neither the franchise, nor any rights of the franchisee arising thereunder shall be assigned, without the prior written consent of the Board of Commissioners. Nothing in this section is intended to prevent the Board from granting a pre-existing permitted use franchise to any CATV system in operation in the corporate limits of the town at the time of passage of this chapter under such terms and conditions as will enable that CATV to maintain its then current customers for a sufficient length of time to recoup its investment.
(Prior Code, § 114.04) (Ord. passed 11-12-1981) Penalty, see § 10.99
(A) Applications. Applications for construction, operation and maintenance of CATV systems shall be submitted to the Board of Commissioners.
(B) Hearing. The Board shall have a full and complete public hearing affording all interested parties, including members of the public, the right to be heard. The Board may at the conclusion of the hearing or some subsequent time, grant a franchise to the applicant whose proposed system is in the best interest of the public and the potential subscribers within the area covered by the franchise.
(C) Contents of application. The application, filed by a person seeking issuance of a franchise, shall contain:
(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner must be submitted. If the applicant is a corporation, the application shall state the names and addresses of its directors, officers, parent and subsidiary companies and all shareholders owning as much as 5% of the outstanding stock of any class, and shall include a certified copy of its articles of incorporation together with all amendments thereto. The application shall state the names and address of all persons whose beneficial interest in the applicant amounts to 5% or more, regardless of how the interest is held.
(2) A statement demonstrating the applicant’s experience and expertise, if any, in establishing a cable television system and in providing a CATV service, including the names and locations of any other CATV systems currently or formerly constructed, operated or maintained by the applicant.
(3) If applicant had prepared by a certified public accountant, an audit for the fiscal year next preceding the application date, a copy of that audit. In any event an income statement and balance sheet for the fiscal quarter next preceding the application which may be either audited or unaudited, which shall show the applicant’s financial status and its financial ability to complete the construction of the proposed CATV system and to provide the CATV service. Any additional financial information which the applicant feels would further evidence his or her ability to construct the proposed system and provide CATV service may also be submitted. Information with respect to financial projections of the proposed system, including methods of financing, shall be submitted as part of the application. All financial and ownership information relating to the applicant submitted in compliance with this chapter shall be confidential and shall not be regarded as public information to the extent provided by law.
(4) To the extent permitted by law, a statement containing a description of the CATV system proposed to be constructed, installed, maintained and operated by the applicant, the technical specifications of the materials to be used, the services to be provided to subscribers, the services, material and equipment to be provided without cost to local government units, qualified under the FCC regulations, the facilities, material and equipment to be made available for access cablecasting, the manner in which the applicant proposes to construct, install, maintain and operate the system, and the extent and manner in which existing or future poles or other facilities of other public utilities will be used for the system. The statement required by this subdivision shall include all information above, relative to the full term of the franchise and not merely the initial system.
(5) A statement setting forth all agreements and understandings, whether written or oral, or implied, existing between the applicant and any person or entity with respect to the ownership, control or transfer of the proposed franchise or the proposed CATV system and service. If a franchise is granted to a person who is an agent or representative of another person, and the relationship is not disclosed in the original application, the franchise shall be void and of no force and effect.
(6) A statement or schedule of proposed rates and charges to subscribers for installation and service, and a list of those services to be provided to subscribers.
(7) The applicant shall provide to the Board any additional information which the Board deems necessary. A request by the Board for additional information shall be made in writing after the opening of applications and before the public hearing.
(D) Reservation of rights. The town expressly reserves the right or privilege to grant by franchise to any other person the right to construct, operate and maintain a CATV system within the same area during the same period of time granted to any other franchisee.
(E) Findings. If the Board determines that no system proposed by any applicant is in the best interest of the public, no franchise will be granted. The franchise, if granted, shall contain recitations that demonstrate that the Board has examined and approved the franchisee’s legal, financial and technical qualifications, as well as the adequacy and feasibility of franchisee’s construction arrangements, concluding that the granting of the franchise to the applicant is in the best interest of the public and potential subscribers.
(Prior Code, § 114.05) (Ord. passed 11-12-1981)
(A) Time. Within 60 days after the Board has granted the franchise, the franchisee shall file with the Clerk to the Board, a written acceptance of the franchise, acknowledged before a notary public. This acceptance shall acknowledge that the franchisee agrees to be bound by and to comply with the provisions of this chapter, and the assurances set forth in his or her application, and shall be of the form and of the content, as shall be satisfactory to and be approved by the Town Attorney.
(B) Other requirements. Concurrently with the filing of the written acceptance, the franchisee shall file with the Clerk to the Board the bond and proofs of insurance as required by § 114.11(C) and (D) of this chapter and proof of loan commitments or other proof of ability to obtain construction funds.
(C) Effective date. The effective date of this franchise shall be the date on which the franchisee files the acceptance, bond, proof of insurance, and proof of acquisition of construction funds as required in this section; provided, however, if any of the material required to be filed with the acceptance or the acceptance itself is defective or fails to meet with approval, the franchise shall not be effective until the defect is cured or the approval is obtained.
(Prior Code, § 114.06) (Ord. passed 11-12-1981)
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