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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)
(a) A franchise under this article shall be nonexclusive and shall be for a term as specified in the franchise not to exceed 15 years.
(b) (1) Except as provided in this article, no transfer of control of the CATV system shall take place, whether by forced or voluntary sale, lease, mortgage, assignment, encumbrance or any other form of disposition, without prior notice to and approval by the county board which shall not be unreasonably refused. The notice shall include full identifying particulars of the proposed transaction, and the board of commissioners shall either approve or disapprove such transfer by resolution, within 120 days of the receipt of the notice.
(2) The consent or approval of the board of commissioners to any assignment, lease, transfer, sublease, or mortgage of the grantee shall not constitute a waiver or release of the rights of the county in and to the streets.
(3) For the purpose of this section the term "control" is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.
(4) A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of ten percent of the voting shares of any corporate grantee.
(5) In the absence of the extraordinary circumstances, the board of commissioners will not approve any transfer or assignment of the grantee before completion of the construction of the energized cable.
(6) Notwithstanding anything in this section to the contrary, a franchisee may hypothecate or pledge its interest in this franchise for the purpose of obtaining financing, the proceeds of which shall be utilized in the construction, maintenance and operation of a cable television system authorized under the terms of this article. Any change in ownership or control of the system resulting from such pledge or hypothecation shall not become absolute without:
a. The approval of the county.
b. Any new grantee filing with the county its written acceptance of this article, the franchise and all the conditions thereto. Such acceptance shall be filed within 60 days following the date of such change.
(c) The board of commissioners may terminate the franchise prior to the date of expiration upon a finding, made after 30 days' notice of any proposed termination and public hearing that:
(1) The grantee has failed to comply in some material respect with any of the provisions of this article, or has, by any act or omission, violated in some material respect any term or condition of any franchise or permit issued under this article.
(2) The grantee made a material, false statement in the application for the franchise, knowing it to be false.
(3) The grantee, contrary to the best interest of public convenience and welfare, is not providing subscribers with regular, adequate and proper service.
(4) The grantee agrees that any unresolved complaint by a subscriber or would be subscriber in the areas covered in this section shall be referred to the county manager and, if such unresolved complaint is not reasonably resolved, the complaint shall be forwarded to the board of commissioners, and that any willful failure and refusal to take the necessary steps to resolve the complaint shall enable the board of commissioners to terminate this franchise and cause service to be terminated or other appropriate action to be taken by the board of commissioners.
(d) If the use of any tangible part of the CATV system is discontinued for any reason for a continuous period of 365 days, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly remove from the streets or public places all such property of the system, other than that which the board of commissioners may permit to be abandoned in place, and as directed by the board of commissioners shall either restore the street or pay the county for restoring the street or other area from which such property has been removed to a condition for public use as good as the abutting portions thereof. Any property remaining in place 60 days after the termination or expiration of the franchise shall be considered permanently abandoned.
(e) Renewal discretion. Unless otherwise provided by federal law, but no later than 18 months prior to the end of the franchise, application is to be made by the grantee for renewal. The board of commissioners may take into account quality of service, customer complaints, degree to which the grantee has extended service, and condition of CATV plant and equipment as well as other factors required of new applications.
(Ord. of 10-5-1981, § 12.6; Ord. of 4-3-1995, § 12.6)
(a) The grantee of any franchise issued pursuant to the provisions of this article shall be authorized and required to construct, or have constructed, operate and maintain a CATV system and to engage in the business of providing a CATV service for a specified area of the county, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, over, on, under, upon, across and along any public street; such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property excepting poles as may be necessary and appurtenant to the CATV system; and in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, including, but not limited to, any public utility or other grantee franchised or permitted to do business in the county. Expansion of plant lines shall utilize fiber optic to the greatest extent possible. Rebuild shall utilize fiber optic to ensure high quality of service and to reduce the number of amplifiers.
(b) (1) The grantee may initially charge subscribers and users of the CATV system for services up to the amounts specified in its schedule of rates and charges as proposed in its franchise application and approved by the board of commissioners. Such maximum rates shall be in effect for a minimum period of two years from the effective date of the franchise or until the grantee has completed all construction as proposed in its franchise application for the first and second years of construction, whichever is longer.
(2) Thereafter, all rate changes shall be fixed by the board of commissioners, and may be initiated either by the county or the grantee where authorized by law.
(3) The criteria for the board of commissioners's decision in such matters shall be the establishment of rates which are fair and reasonable to both the grantee and its subscribers and shall be generally defined as the minimum rates necessary to meet all applicable costs of service, including fair return on all invested capital, all assuming efficient and economical management.
(4) In order for the county board to determine whether proposed rate changes conform with the criteria established in subsection (b)(3) of this section, the grantee's petition for a rate increase shall include the following financial reports, which shall reflect the operations of a county system only or systems operated in conjunction with the county:
a. Balance sheet;
b. Income statement;
c. Statement of sources and applications of funds;
d. Detailed supporting schedules of expenses, income, assets and other items as may be required;
e. Statement of current and projected subscribers and penetration; and
f. Other reports and data that the board of commissioners may request.
The grantee's accounting records applicable to a county system and any system of which the county is a part, shall be available for inspection by the county at all reasonable times. The county shall have access to records of financial transactions for the purpose of verifying burden rates or other indirect costs prorated to the county operation. The documents listed above shall include sufficient detail and/or footnotes as may be necessary to provide the county with the information needed to make accurate determinations as to the financial condition of the system. All financial statements shall be certified as accurate by an officer of the grantee.
(5) The grantee shall have the right to appeal to a court of competent jurisdiction from any rate fixed by the board of commissioners. However, the rates so fixed by the board of commissioners shall be presumed to be valid.
(c) The grantee shall not engage in the sale, service, repair, rental or leasing of television receivers, radio receivers, parts or accessories and shall not require or attempt to influence its subscribers to deal with any particular person in regard thereto.
(d) Construction and maintenance of the CATV system, including house connections, shall be in accordance with the provisions of the:
(1) National Electrical Safety Code of the Institution of Electrical and Electronic Engineers;
(2) National Electronic Code of the National Fire Protection Association; and
(3) Bell Telephone and Carolina Telephone Systems' Code of Pole Line Construction.
(e) The franchise shall require that an access channel shall be reserved for future use by government, educational institutions, civic groups and the general public. Two data channels, one forward data path not to exceed six MHz, and one reverse data path not to exceed six MHz, shall be reserved for use by the county for county data. The franchisee shall provide these channels without charge to the county government facilities. These data channels shall be coordinated so as to provide consistent quality transmission within and between CATV systems.
(Ord. of 10-5-1981, § 12.7; Ord. of 4-3-1995, § 12.7)
(a) The poles used for a distribution system shall be those erected and maintained by the power company, or the telephone company or either whenever agreement can be reached with the owners of such poles. Any poles, wires, cables, conduits, or other properties to be realigned or reset to permit their use for purposes of the grantee under an agreement with the owner thereof shall be constructed or installed only at such locations and depths and in such manner as shall be approved by the owner and the county manager. They shall be located so as not to interfere with the proper use of streets and to cause minimum interferences with the rights or reasonable convenience of the general public and of property owners who adjoin such streets, as determined by the county.
(b) The installation of the facilities, including service drops to subscribers, shall be made underground in areas where facilities of the telephone company and the power company are underground or hereafter may be placed underground. In addition to the foregoing, installation of the facilities shall be made underground when required by county ordinances or policies.
(c) The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the county by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, or any other type of structures or improvements of the county, and the county shall not be liable for any disturbance of the grantee's installations resulting therefrom. The grantee shall carry out the instructions and directions of the county manager whenever it is necessary to raise or remove any of the grantee's wires or cables temporarily, for the purpose of moving or removing buildings or structures on the public streets of the county, and shall perform such tree trimming or other maintenance work as shall be required or as shall be directed by the county manager, all at the grantee's expense.
(d) Whenever a grantee takes up or disturbs any pavement, sidewalk or other improvement of any street, the pavement, sidewalk or other improvement of any street shall be replaced and the surface restored in as good condition as before entry in accordance with ordinances, regulations, technical standards and fee schedules of the county as administered by the county manager. Any opening or obstruction in the streets shall be guarded and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which shall be clearly designated by warning lights of approved types.
(e) The grantee shall own the cable communications system, but shall have no property right in the public rights-of-way upon the completion of the franchise term or any extension thereof.
(Ord. of 10-5-1981, § 12.8; Ord. of 4-3-1995, § 12.8)
(a) Within 30 days after the effective date of a franchise under this article, the grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business, including, but not limited to, any utility joint use attachment agreements.
(b) Within 90 days after obtaining all necessary permits, licenses and authorization, the grantee shall commence construction and installation of the CATV system.
(c) Within one year after obtaining all necessary permits and authorization, the grantee shall proceed to render service to subscribers in at least 40 percent of the franchise area for homes within 350 feet of the cable system, and the completion of the system shall be pursued with reasonable diligence thereafter with extension of service to the remaining franchise area within the next succeeding year. Residences for the franchise cable system shall be offered the option to pay the construction costs for the number of feet exceeding 350 feet which are required to service such residence.
(d) Failure on the part of the grantee to commence and diligently pursue each of the requirements of this section and to complete each of the matters set forth in this section, shall be grounds for termination of such franchise, under and pursuant to the terms of section 14-36; provided, however, the board of commissioners may extend the time for the commencement and completion of construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.
(e) The grantee shall file a map with the county at the close of each franchise year, showing the location and identification of component parts of the system.
(f) As a condition of the franchise, the grantee shall provide television and data service to all county government facilities, and television service to the public school facilities without charge.
(g) At all points where separate CATV systems are in the same general area, they shall allow for a coordinated interconnect where technically and economically feasible, between their systems to allow the flow of data on the county government channels, the expense to be shared between the grantees.
(Ord. of 10-5-1981, § 12.9; Ord. of 4-3-1995, § 12.9(G))
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