(A) There shall be established by the county a cable television regulatory authority entitled the Kenton/Boone CATV Board.
(B) The Board shall be comprised of representatives appointed in the following manner:
(1) Cities participating in joint regulation of cable television in Kenton and Boone Counties with 1 ,000 or more subscribers shall be entitled to one appointed representative to the Board, such appointment to be made at the Mayor's discretion. Cities whose number of subscribers reaches 5,000 shall be entitled to an additional appointed representative. Cities shall be entitled to one additional appointed representative for each additional 5,000 subscribers in excess of the first 5,000 subscribers. Loss of subscribers below any of the above referenced benchmarks shall require the loss of a corresponding number of appointed representatives.
(2) The Kenton County Fiscal Court and the Boone County Fiscal Court shall each be entitled to four appointed representatives, such appointments to be made at the discretion of the Judge/Executives, to provide for the representation of subscribers in unincorporated areas and in cities with less than 1,000 subscribers.
(C) Subscriber counts shall be determined at the end of each year based on distributions provided by the cable operators as of their December cut-off date. Representatives whose seat on the Board is newly created by the year-end numbers shall assume their duties at the Board's February meeting the following year. Likewise, any Board seats lost as a result of subscriber reduction shall be dissolved as the first term of New Business at the Board's February meeting of the following year. Seats lost as a result of subscriber reduction shall be dissolved regardless of whether a full term has been served or not.
(D) Terms of service for all appointed representatives shall remain at two years. Current Board Members shall serve the remainder of their terms together with new members in the interest of continuity of action. If any current Board Member is unable to serve his or her term for any reason or is appointed to serve by a new appointing authority, his or her seat on the Board shall be immediately dissolved unless it is one which would continue to exist under this plan.
(E) The Board shall have all powers vested in this chapter to administer the chapter following its passage by the Kenton County Fiscal Court. The Board shall also determine its meeting dates and rules of order and operation in accordance with state law.
(F) The Board shall have the following specific powers:
(1) Administer and regulate the Storer franchise;
(2) Administer and regulate the Jacor franchise;
(3) Approve in advance the issuance of all future cable franchises within the two-county region and administer and regulate such franchises in the same manner as it is empowered to administer and regulate the Storer and Jacor franchises;
(4) Carry out all such duties as may be required under the franchise ordinance(s) consistent with its powers under this agreement.
(G) There shall be created the position of Cable Television Administrator who shall administer the day-to-day duties in carrying out the functions of the Cable Board. The Cable Board shall hire the Cable Television Administrator and such additional staff as necessary.
(H) The Cable Board shall be financed by the franchise fees paid directly to it from Storer and Jacor, and any future franchisees in consideration of the use by these or any other franchisees of any and all public rights-of-way and/or easements over private property. The Budget Committee of the Cable Board shall develop an annual budget for the Cable Board not later than December 1 of each year and submit it to the Cable Board members for their approval.
(I) The Cable Board shall have the authority to acquire and dispose of property in accordance with the Kentucky Constitution, county ordinances, or such agreements as the parties enter into.
(J) All employer's shares of pension plans, if any, shall be paid by the Cable Board from the franchise fees received by it.
(Ord. 450.1, passed 12-4-80; Am. Ord. 450.2, passed 7-31-90; Am. Ord. 450.4, passed 5-14-91; Am. Ord. 450.7, passed 7-26-94)