ARTICLE II. - CABLE TELEVISION
Sec. 22-31. - Short title.
Sec. 22-32. - Intent and purpose; right of county to issue franchise.
Sec. 22-33. - Definitions.
Sec. 22-34. - Franchise required; application.
Sec. 22-35. - Acceptance; indemnification; effective date.
Sec. 22-36. - Duration of franchise; termination; transfer; renewal.
Sec. 22-37. - Authority granted by franchise.
Sec. 22-38. - Conditions to use of streets.
Sec. 22-39. - Permits, installation and service.
Sec. 22-40. - Operational requirements.
Sec. 22-41. - Remuneration to county.
Sec. 22-42. - Rights reserved to county.
Sec. 22-43. - Franchise area and extension of service.
Sec. 22-44. - Expense reimbursement to county.
Secs. 22-45—22-70. - Reserved.
(a) For the better protection of the public interest, health, safety, welfare and convenience, the rules and regulations in this article are adopted to set forth the conditions, requirements and limitations under which a person may construct, have constructed, operate and maintain a cable television system and engage in the business of providing a cable television service in the county.
(b) The grantee shall acknowledge and accept the right of the county to issue a franchise.
(Ord. of 10-5-1981, § 12.2; Ord. of 4-3-1995, § 12.3)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Cable (Community Antenna) Television Service means the business of furnishing to the public for compensation, by means of a master antenna and cables, broadcast TV programs obtained off the air, together with such other program material and advertising as may be allowed by rules and regulations of the Federal Communication Commission from time to time.
Cable television system and CATV system mean a system of antennas, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video and other forms of electronic or electrical signals, located in the county. This definition shall not include any such facility that serves or will serve only subscribers in one or more multiple unit dwellings under common ownership, control or management and does not use county or public rights-of-way.
CATV means Cable (Community Antenna) Television.
Franchise means and includes any authorization granted under this article in terms of a franchise, privilege, permit, license or otherwise to construct, or have constructed, operate and maintain a system in the county for the purpose of providing cable television service to the citizens of the county. Any such authorization, in whatever terms granted, shall not include any license or permit authorization required for the privilege of transacting and carrying on a business within the county otherwise provided for.
Grantee means the person to whom a franchise is granted by the county commissioners under this article, and the lawful successor, transferee or assignee of such person.
Gross revenue includes the regular subscriber service fees, installation fees, and reconnect fees, pay TV, leased-channel revenues, advertising revenues, and other income from the system or as amended by the FCC or Congress.
Pay TV means any arrangement under which a separate charge is made to a subscriber for receiving a particular television program or series of programs.
Property of grantee means all property owned and installed by a grantee in the conduct of a CATV business in the county under the authority of a franchise granted pursuant to this article.
Street means the surface of and the space above and below any public road, street, right-of-way, highway, freeway, bridge, lane, path, alley, court, sidewalk, drive, existing as such within the franchise area.
Subscriber means any person or entity receiving for any purpose the CATV service of a grantee.
(Ord. of 10-5-1981, § 12.3; Ord. of 4-3-1995, § 12.3)
Cross reference—Definitions generally, § 1-2.
(a) It shall be unlawful for any person to engage in or otherwise participate in the construction, operation or maintenance of a community antenna television system in the county unless such person or the person for whom the work is being done shall have first obtained a franchise from the board of commissioners. It shall also be unlawful for any person to engage in the business of providing a community antenna television service in the county unless such person shall have first obtained a franchise from the board of commissioners.
(b) In selecting a franchisee pursuant to this article, the applicant shall furnish the following information:
(1) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner. If the applicant is a corporation, the application shall also state the names and addresses of its directors, officers, parents and subsidiary companies and of stockholders owning as much as three percent of the outstanding stock, and shall include a certified copy of the articles of incorporation.
(2) A statement showing the applicant's experience in establishing a system and in providing a service.
(3) A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the county board, showing the applicant's financial status and its financial ability to complete the construction and installation of the proposed system and to provide the proposed service. In connection therewith, information with respect to financial projections, including nature and sources of capital or equity financing, shall be submitted along with the application.
(4) A statement and description of the system proposed to be constructed, installed, maintained or operated by the applicant; the manner in which the applicant proposed to construct, install, maintain and operate the system; and, particularly the extent and manner in which existing or future poles or other facilities or other public utilities will be used for such system; and estimated time before the system will be in operation.
(5) A copy of any arrangement, agreement or contract, if existing, between the applicant and any public utility providing for the use of facilities of such public utility, such as poles, lines, cables or conduits.
(6) A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, 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 posing as a front or as the representative of another person and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever.
(7) A statement or schedule of proposed rates and charges to subscribers for installation and services.
(8) Any additional information which the board of commissioners, at any time, may deem reasonably necessary to determine whether the requested franchise should be granted.
(c) Applicants will be evaluated according to the following criteria:
(1) Installation plan. Preference may be given to an installation plan that would provide flexibility needed to adjust to new departments, maintenance practices, and services that would be available to the subscriber and the community immediately and in the future.
(2) Rate schedule. Preference may be given to applicants with the most reasonable installation and subscriber rate schedule.
(3) Financial soundness and capability. The evidence of financial ability required in the applicant's proposal shall be such as to ensure that the applicant can fulfill its financial obligation.
(4) Demonstrated experience in operating a CATV system under county franchise. Preference may be given upon evidence of the applicant's experience in operating a CATV system under county franchise, where such evidence would show or tend to show or confirm the ability of the applicant to furnish sufficient and dependable service to the potential public and private users.
(d) The county board shall award a franchise to an applicant only after a public hearing on the application and proposal.
(Ord. of 10-5-1981, § 12.4; Ord. of 4-3-1995, § 12.4)
(a) Within 25 days after the board of commissioners has taken final action to approve the granting of a franchise, the grantee shall file a written acceptance of the conditions required for the franchise, acknowledged before a notary public, with the county manager. Such acceptance shall acknowledge that the grantee agrees to be bound by and to comply with the provisions of this article and the franchise and shall be in such form and content as to be satisfactory to and approved by the county attorney.
(b) Concurrently with the filing of the written acceptance, the grantee shall file with the county manager the bond, letter of credit, and insurance policies required by section 22-42.
(c) The effective date of the franchise shall be the date the grantee files its written acceptance of the conditions required for the franchise in accordance with the provisions of subsection (a) of this section.
(Ord. of 10-5-1981, § 12.5)
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