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The franchisee shall upgrade its facilities, equipment, and service so that its system is as advanced as the current state of production technology will allow. The franchisee shall install additional channel capacity as required to keep channel capacity in excess of demand therefor by users. At all times, the cable system shall be no less advanced than any other system of comparable size and age excepting only systems which are experimental, pilot, or demonstration. The Board of Commissioners shall order the franchisee to comply with this section in case of specific violations, which it may investigate upon complaint or on its own motion.
(Ord. passed 10-18-1982) Penalty, see § 114.999
At all times the signal carriage and channel utilization shall conform to the regulations of the FCC, state, and other regulatory agencies which are not in conflict therewith. The operator shall provide at least one access channel for each of the following activities: public access; educational access; and government access as each of these channels is defined under FCC regulations. Such channels shall not be required to remain idle if not in use by the public but rather can be used by the franchisee to produce revenue. Except in cases of emergency, governmental units must give ten days notice of intent to use.
(Ord. passed 10-18-1982)
Penalty, see § 114.999
CONSTRUCTION PROVISIONS; USE OF STREETS AND POLE ATTACHMENTS
The franchisee shall be diligent in commencing construction after the effective date of the franchise.
(Ord. passed 10-18-1982) Penalty, see § 114.999
A franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place to remove from the road or other public place, any property of the franchisee when required by the county or state by reason of traffic conditions, public safety, road vacation, road construction, change, or establishment of road grade, installation of sewers, drains and water pipes, power lines, or any other type of structure or improvement by public agencies.
(Ord. passed 10-18-1982) Penalty, see § 114.999
The franchisee is obligated to obtain pole space and other facilities from the towns of Lillington, Angier, Erwin, Coats, any utility companies, and other lawful users at its own expenses and costs and copies of all pole use agreements in whatever form as to be filed with the County Manager. In the event of termination for failure to construct the CATV system or expiration of the franchise, the franchisee is to relinquish all rights to pole use immediately and enter into whatever agreements and execute whatever documents may be necessary to accomplish such relinquishment. In the event of termination of the franchise once the system is operating, the franchisee is to relinquish all rights to pole use after a reasonable time has elapsed for the franchisee to attempt to sell the system; however, during such time the franchisee shall diligently be attempting to find a buyer. Such reasonable time, unless otherwise agreed to by the county, shall be nine months. This provision may be enforced by appropriate equitable remedy from a court of competent jurisdiction as set forth in G.S. § 153A-123. Such equitable relief includes, but is not limited to, injunctions and orders of abatement and upon refusal to comply, the franchisee may be cited for contempt.
(Ord. passed 10-18-1982) Penalty, see § 114.999
Nothing in this chapter, or any franchise granted hereunder, shall authorize the franchisee to erect and maintain in the county new poles where existing poles are servicing the area. The franchisee shall obtain permission from the county before erecting any new poles or underground conduit where none exists at the time the franchisee seeks to install its network.
(Ord. passed 10-18-1982) Penalty, see § 114.999
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