(A) Any franchise granted hereafter by the county shall not be exclusive and the county reserves the right to grant a similar franchise to any other persons or entities at any time.
(B) No privilege or exemption shall be inferred from the granting of any franchise unless it is specifically prescribed.
(C) Any franchise granted hereunder shall give to the franchisee the right and privilege to construct, erect, operate, modify and maintain in, upon, along, above, over and under the streets, alleys and public places of the unincorporated areas of the county, the towers, antennas, cables, electronic equipment and other network appurtenances necessary for the operation of a cable communications system in the county; provided, however, that the exercise of the right and privilege shall not interfere with the use of the streets, alleys and public places by the county and those others as are permitted by the county to use the same, and the Fiscal Court may demand the removal of any or all of the foregoing as have been constructed by or under contract with a franchise at the time as the Fiscal Court believes that same are interfering with the use of the streets, alleys or public places.
(D) Any franchise granted hereunder shall be a privilege to be held for the benefit of the public.
(E) Prior approval of Fiscal Court shall be required and obtained where ownership or control of more than 10% of the right of control of any franchisee is acquired, disposed of or transferred.
(F) Nothing in this chapter shall be deemed to prohibit the mortgage or the pledge of the network or any part thereof or a leasing by a franchisee from another person of the network or part thereof for financing purposes or otherwise. However, any mortgage, pledge or lease shall be subject to the rights of the Fiscal Court under this chapter, or a franchise granted hereunder, or under all other applicable laws.
(G) Any franchise granted hereunder shall not relieve the franchisee of its obligation to obtain pole or conduit use agreements as may be necessary.
(H) The award of any franchise hereunder shall not impart to the franchisee any right of ownership of streets or county-owned property.
(I) Any franchise granted hereunder shall be binding upon the franchisee, its successors, lessees or assignees.
(J) A franchisee, at its expense, shall comply with all applicable laws, orders, ordinances and regulations of federal, state and county or municipal authorities including those established to protect historic districts and/or designated landmark sites.
(K) If, during the installation of any part of the CATV system, the franchisee disturbs any public or private property, it shall, at its own expense replace and restore all disturbed property to a condition as good as or better than previously existing.
(L) If at anytime during the period of the franchise the county shall elect to alter or change its property occupied by the franchisee, the franchisee shall upon reasonable notice remove, relay and relocate its poles, wires, cable, underground conduits and manholes and other fixtures at its own expense, and at each instance comply with the requirements of the county.
(Ord. 400.450.1, passed 10-17-1980)