(A) A franchise authorizes use of public rights-of-way for installing, operating and maintaining cables, wires, lines, optical fiber, underground conduit and other devices necessary and appurtenant to the operation of a cable system to provide cable services within a franchise area, but does not expressly or implicitly authorize a franchisee to provide service to, or install a cable system on private property without owner consent through eminent domain or otherwise (except for use of compatible easements pursuant to and consistent with § 621 of the Cable Act, 47 U.S.C. § 541(a)(2)), or to use publicly or privately owned poles, ducts or conduits without a separate agreement with the owners.
(B) A franchise shall not mean or include any franchise, license or permit for the privilege of transacting and carrying on a business within the county and outside of a municipality as generally required by the ordinances and laws of the county other than this Cable Communications Regulatory Code, or for attaching devices to poles or other structures, whether owned by the county or other person, or for excavating or performing other work in or along public rights-of-way. A franchise shall not confer any authority to provide telecommunications services or any other communications services besides cable services. A franchise shall not confer any implicit rights other than those mandated by federal, state or local law.
(C) A franchise is non-exclusive and will not explicitly or implicitly: preclude the issuance of other franchises to operate cable systems within the county and outside a municipality; affect the county’s right to authorize use of public rights-of-way by other persons to operate cable systems or for other purposes as it determines appropriate; or affect the county’s right to itself construct, operate or maintain a cable system, with or without a franchise; provided, however, that in considering whether to grant a franchise in addition to an existing franchise, the county shall comply with state law, including 55 ILCS 5/5-1095.
(D) Once a franchise agreement has been accepted and executed by the county and a franchisee, such franchise agreement shall constitute a valid and enforceable contract between the franchisee and the county, and the terms, conditions and provisions of such franchise agreement, subject to this chapter and all other duly enacted and applicable laws, shall define the rights and obligations of the franchisee and the county relating to the franchise.
(E) All privileges prescribed by a franchise shall be subordinate to any prior lawful occupancy of the public rights-of-way, and the county reserves the right to reasonably designate where a franchisee’s facilities are to be placed within the public rights-of-way through its generally applicable permit procedures without materially adding to the obligations of the franchisee.
(F) A franchise shall be a privilege that is in the public trust and personal to the original franchisee. No franchise transfer shall occur without the prior written consent of the county upon application made by the franchisee pursuant to this chapter and the franchise agreement, which consent shall not be unreasonably withheld, and any purported franchise transfer made without application and prior written consent shall be void and shall be cause for the county to revoke the franchise agreement.
(1993 Code, § 72.023) (Ord. 96-12, passed 10-16-1996)