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(A) A non-exclusive franchise to construct, operate and maintain a CATV system within the service area may be granted by the Board of Supervisors to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide the system under and pursuant to the terms and provisions of this chapter.
(B) No provisions of this chapter may be deemed or construed as to require granting of a franchise when, in the opinion of the Board of Supervisors, it is in the public interest not to do so or to restrict the number of grantees.
(C) Neither the granting of any non-exclusive franchise hereunder nor any of the provisions contained herein shall be construed to prevent the county from granting any identical, or similar, non- exclusive franchise to any person, firm or corporation within all or any part of the unincorporated area of the county.
(1966 Code, § 6A-3) (Ord. 312, § 3; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
Application for a franchise hereunder shall be in writing, shall be accompanied by an application fee of $150, shall be filed with the Clerk of the Board of Supervisors for transmission to the Board and shall contain the following information:
(A) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main offices, major stockholders and associates and the names and addresses of parent and subsidiary companies;
(B) A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of the system and its various components; the manner in which the applicant proposes to construct, install, maintain and operate the same; and, particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for the system;
(C) A description, in detail, of the equipment or facilities proposed to be constructed, installed and maintained and the proposed specific location thereof;
(D) A map specifically showing and delineating the proposed service area or areas within which the applicant proposes to provide CATV services and for which a franchise is requested;
(E) A statement or schedule setting forth the number of channels and all of the television or radio stations proposed to be received, transmitted, conducted, relayed or otherwise conveyed over its system;
(F) A statement or schedule in a form approved by the Board of Supervisors of proposed rates, charges, deposits and installation or connection charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. For unusual circumstances, such as underground cable required, or more than 150 feet of distance from cable to connection of service to subscribers, an additional installation charge over that normally charged for installation, as specified in the applicant’s proposal, may be charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the county, service may be made available on the basis of cost of materials, labor and easements if required by the grantee. The decision of the Board of Supervisors as to what shall be remote or relatively inaccessible under this division shall be final;
(G) A copy of any contract, if existing, between the applicant and any public utility providing for the use of facilities of the public utility, such as poles, lines or conduits;
(H) A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed CATV operation. If a franchise is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, the franchise shall be deemed void and of no force and effect whatsoever;
(I) A financial statement prepared by a certified public accountant or person otherwise satisfactory to the Board of Supervisors, showing applicant’s financial status and his or her financial ability to complete the construction and installation of the proposed CATV system; and
(J) The Board of Supervisors may at any time demand, and applicant shall provide, such supplementary, additional or other information as the Board may deem reasonably necessary to determine whether the requested franchise should be granted.
(1966 Code, § 6A-4) (Ord. 312, § 4; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
The Board of Supervisors may, in its discretion, in lieu of considering applications for franchises hereunder, advertise for competitive bids for the purchase of a franchise hereunder.
(1966 Code, § 6A-5) (Ord. 312, § 5; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
Upon consideration of an application or bids for a franchise, the Board of Supervisors may refuse to grant the requested franchise or the Board may, by ordinance, grant a franchise for a CATV system to any such applicant or bidder as may appear from such application or bids to be in its opinion best qualified to render proper and efficient CATV service to television viewers and subscribers in the county. The Board of Supervisors’ decision in the matter shall be final.
(1966 Code, § 6A-6) (Ord. 312, § 6; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) Any franchise granted pursuant to this chapter shall include the following condition:
“The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by this chapter and no other purpose whatsoever.”
(B) Inclusion of the foregoing statement in any such franchise shall not be deemed to limit the authority of the county to include any other reasonable condition, limitation or restriction which it may deem necessary to impose in connection with the franchise pursuant to the authority conferred by this chapter.
(1966 Code, § 6A-7) (Ord. 312, § 7; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
Any franchise granted under this chapter is renewable at the application of the grantee, in the same manner as required herein for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, that the Board of Supervisors may at its option waive compliance with any or all of the requirements of § 7.05.004.
(1966 Code, § 6A-8) (Ord. 312, § 8; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting the same has become effective and, in addition, unless and until all things required in this section and §§ 7.05.021 and 7.05.022 are done and completed, all of the things being hereby declared to be conditions precedent to the effectiveness of any such franchise granted hereunder. In the event any of such things are not done and completed in the time and manner required, the Board of Supervisors may declare the franchise null and void.
(B) Within 30 days after the effective date of the ordinance awarding a franchise or within the extended period of time as the Board of Supervisors, at its discretion, may authorize, the grantee shall file with the Clerk of the Board his or her written acceptance in form satisfactory to the District Attorney, of the franchise, together with the bond and insurance policies required by §§ 7.05.021 and 7.05.022, respectively, and his or her agreement to be bound by and to comply with and do all things required of him or her by the provisions of this chapter and the franchise. The acceptance and agreement shall be acknowledged by the grantee before a notary public and shall, in form and content, be satisfactory to and approved by the District Attorney.
(1966 Code, § 6A-9) (Ord. 312, § 9; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
(A) Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the described service area and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, the poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property 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, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the county.
(B) The granting of a franchise pursuant to this chapter shall not be construed as permission or authority to enter on, occupy or otherwise utilize private property without the express consent of the owner or agent in possession thereof.
(C) No franchise granted hereunder shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as “pay television” and no grantee shall directly or indirectly install, maintain or operate on any television set a coin box or any other device or means for collection of money for individual programs.
(D) The grantee may charge subscribers for installation or connection to its CATV system and may make a fixed monthly charge for service. All rates, charges, deposits and installation or connection charges shall be approved by the Board of Supervisors. No increase in the rates and charges to subscribers, as set forth in the schedule filed and approved with grantee’s application, may be made without the prior approval of the Board of Supervisors expressed by resolution.
(1966 Code, § 6A-10) (Ord. 312, § 10; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)
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