(a) Scope of County's Authority. The County may grant one or more OVS franchises, and each such franchise shall be awarded in accordance with and subject to the provisions of this Chapter and Section 15.2-2108.1 of the Code of Virginia.
(b) Chapter not a Contract. This chapter may be amended from time to time, and in no event shall this chapter or any of its provisions be considered a contract between the County and a grantee such that the County would be prohibited from amending any provision hereof.
(c) Franchise Required. No person may construct or operate an OVS in the County without a franchise granted by the County. No person may be granted a franchise without having entered into a franchise agreement with the County pursuant to this chapter.
(d) Rights Reserved to the County.
(1) A grantee shall at all times be subject to and shall comply with all applicable Federal, State, and local laws. A grantee shall at all times be subject to all lawful exercise of the police power of the County, including without limitation all rights the County may have under 47 U.S.C. Section 552 and Sections 15.2-2108.1 and 15.2-403 of the Code of Virginia. Nothing in a franchise agreement shall be deemed to waive the requirements of the various codes and ordinances of the County regarding permits, zoning, fees to be paid, or manner of construction, installation, operation, maintenance, or repair of system equipment.
(2) No course of dealing between a grantee and the County, or any delay on the part of the County in exercising any of its rights, or any acquiescence by the County in the actions of a grantee that are in contravention of such rights (except to the extent such rights are expressly waived by the County) shall operate as a waiver of any such rights of the County.
(3) The County shall have the maximum authority to regulate Open Video Systems, grantees, and franchises as may now or hereafter be lawfully permissible; except where rights are expressly waived by a franchise agreement, they are reserved, whether expressly enumerated or not.
(4) The County may, from time to time, issue such reasonable rules and regulations concerning Open Video Systems as are consistent with applicable law.
(e) Existing Open Video Systems. This chapter shall apply to all operators of Open Video Systems, including the operator of any OVS already under construction or offering services to residents of the County on the date this chapter is enacted. Any such existing operator shall submit an application pursuant to Section 809.05 within 150 days of the date of enactment. Failure of an existing operator to submit an application within the 150-day time-frame shall be grounds for denial of any subsequent application and an order of the County for the removal of any facilities installed by such operator in the public right-of-way. The County reserves the right to reject any such application and order the removal of any facilities installed by an applicant, if (i) the application fails to conform to the requirements of this chapter, or (ii) the applicant and the County are unable to agree on the terms of a franchise agreement.
(f) Compliance with Federal Law. OVS operators shall comply with all applicable provisions of federal law, including but not limited to 47 U.S.C. Section 573 and 47 C.F.R. Section 76.1505, as they may be amended.
(Ord. 2-21. Passed 6-17-02.)