For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CATV. See COMMUNITY ANTENNA TELEVISION SYSTEM.
COMMUNITY ANTENNA TELEVISION SYSTEM (hereinafter called CATV SYSTEM). A system of antennas, coaxial cables, wires, wave guides or other conductors, equipment or facility designed, constructed or used primarily for the interception and receipt of television or radio signals, directly or indirectly off the air, and the distribution or transmission of the signals by means of cables or other similar devices to subscribers; but the term shall not include:
(1) Any facility that serves fewer than 50 subscribers;
(2) Any facility that serves only the residents of one or more apartment dwellings under common ownership, control or management, and commercial establishments located on the premises of the apartment house; and
(3) Any facility that serves only the residents of one or more overnight residential business establishments (for example, hotels, motels and the like) or any commercial establishments or private organizations or associations that services only its own employees, members of the general public upon its own premises, or its own members as the case may be.
FRANCHISE. The permission, license, franchise or authority given hereunder to conduct and operate a community antenna television system in the county.
GRANTEE. The person defined to whom or to which a franchise is granted by the Board of Commissioners under this chapter or anyone who succeeds the person in accordance with the provisions of the franchise.
(1984 Code, § 2-7-16) (Ord. passed 1-4-1982)
In the public interest and for the promotion of the public health, safety, welfare and convenience, and pursuant to statutory authority contained in 153A-121 and other applicable laws, the rules promulgated in this chapter are adopted, which rules set forth the conditions, limitations, restrictions and requirements under which a person may construct or cause to be constructed, operate and maintain a community antenna television system, and engage in the business of providing a community antenna television service in the unincorporated areas of the county.
(1984 Code, § 2-7-17) (Ord. passed 1-4-1982)
Statutory reference:
Authority of county to regulate and license businesses, trades and the like, see G.S. §§ 153A-134 et seq., 153A-152 et seq.
Commerce and business, see G.S. Ch. 66
License taxes, see G.S. §§ 105-33 et seq.
(A) Franchise required. It shall be unlawful for any person to engage in the construction, operation or maintenance of a CATV system in the unincorporated areas of the county unless the person or the person for whom the action is being taken shall have first obtained and shall currently hold a valid franchise granted pursuant to this chapter. It shall also be unlawful for any person to provide a CATV service in the unincorporated areas of the county unless the person shall have first obtained and does currently hold a valid franchise granted pursuant to the provisions of this chapter.
(B) Exceptions. It shall not be unlawful for a CATV system to continue to serve subscribers located outside of the corporate limits of a municipality from lines already in place on the effective date of this chapter. Nor shall it be unlawful to construct a dedicated trunk line (one directly serving no customers) from outside the corporate limits of a municipality into the corporate limits of a municipality for the purpose of serving subscribers within the corporate limits of a municipality.
(1984 Code, § 2-7-18) (Ord. passed 1-4-1982) Penalty, see § 10.99