(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)