Section
General Provisions
114.001 Short title
114.002 Purpose and authority
114.003 Definitions
Franchising Regulations
114.015 Franchise required
114.016 Procedure for granting a franchise
114.017 Acceptance of franchise; effective date
114.018 Provisions governing the term, renewal, renegotiation, and transfer of a franchise
114.019 Franchise area and extension of service
Rates and Charges
114.030 Regulation of rates
114.031 Payment to the county
114.032 Insurance; bonds
System Design Provisions
114.045 Emergency override
114.046 Standby power
114.047 System standards
114.048 State of the art
114.049 System carriage
Construction Provisions; Use of Streets and Pole Attachments
114.060 Construction schedule
114.061 Changes required by public improvement
114.062 Pole use
114.063 Use of existing poles or conduits
114.064 Facilities not be hazardous or interfere
114.065 Methods of installation
114.066 Subscriber’s underground installation option
114.067 Prohibition of signal distribution by others
114.068 Requests for removal or change
114.069 Construction standards; clearance aboveground
114.070 Maintenance and alteration of the system after construction
Operations and Maintenance
114.085 Consumer complaint response
114.086 Interruption of service to subscribers
114.087 Service force required
114.088 Complaint log
114.089 Complaints regarding service deficiencies
114.090 Complaint review procedures
114.091 Sale and service of receivers prohibited
114.092 Use of production equipment
114.093 Open books and records
114.094 Current reports
114.095 Permits and authorizations
114.096 Filings and communications with regulatory agencies
114.097 Quarterly reports
114.098 Annual reports
114.099 General reports
Administration and Conditions
114.110 Rights reserved to the county
114.111 Rights reserved to the franchisee
114.112 Miscellaneous provisions
114.113 Regulatory entity
114.114 Franchisee application
114.999 Penalty
GENERAL PROVISIONS
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. § 153A-137 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 unincorporated areas of the county.
(Ord. passed 10-18-1982)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, words in the singular number include the plural number, and words in the masculine, feminine, or neuter gender include each of the other genders. The word shall is always mandatory and not merely directory.
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.
BOARD OF COMMISSIONERS or BOARD. The governing body of the County of Harnett.
CABLE OFFICE. The business office of the franchisee which shall be conveniently accessible to the public and located in the franchise area.
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 such signals by wire or cable to subscribing members of the public who pay for such service, but such access term shall not include:
(1) Any such facility that serves fewer than 75 subscribers;
(2) Any such 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 such an apartment house; and
(3) Any such facility that serves only the residents of an overnight residential business establishment (e.g., 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.
COUNTY. The body politic of the County of Harnett as heretofore established and constituted by legislative enactment of the state.
COUNTY MANAGER. The Chief Administrative Officer of the county.
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 county.
FCC. The federal regulatory agency or agencies having regulatory jurisdiction over cable television.
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 unincorporated areas of the county. 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 county as required by other ordinances and laws of the county. The franchise ordinance, together with this chapter, shall contain the terms and conditions upon which any cable television system may be operated in the county.
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 county, 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.
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 said term shall not include any sales, service, rent, occupational, or other excise tax to the extent said 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. The term NORMAL DROP as used in this chapter 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.
PERSON. Any person, firm, partnership, association, corporation, or organization of any kind.
POTENTIAL SUBSCRIBERS. Those households, commercial, industrial, or institutional establishments within a reasonable distance from the trunk cable where service could be provided to them; said distance shall be determined by the standards of the CATV industry in effect at the time the determination is made.
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.
RESIDENTIAL UNITS PER MILE. The total number of residential units not already passed by energized cable of any franchised CATV system which units are located on the property directly adjacent to two consecutive miles of street or other public rights-of-way along established streets or rights-of-way contiguous with the present system of streets and rights-of-way, the total residential units thus obtained shall be divided by two to obtain the residential units per mile. Example: eight apartments in one building count as eight residential units.
SHALL or MUST. When SHALL and/or MUST are used it means mandatory, whereas MAY is permissive.
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. Such system shall maintain a plant having technical capacity for audio and video return communications; two-way capability is not required to be activated until requested by the Board and then only to the extent required in the franchise granting ordinance.
(Ord. passed 10-18-1982)
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