(A) Required. No cable communications system shall be allowed to occupy or use the streets of the county or be allowed to operate without a franchise.
(B) Term. The term of any franchise granted pursuant to this chapter shall be ten years, unless otherwise stated in the franchise agreement.
(C) Acceptance.
(1) Following approval by the county, any franchise granted pursuant to this chapter, and the rights, privileges and authority granted thereunder, shall take effect and be in force from and after the date on which the grantee accepts, signs and affixes its corporate seal to the franchise agreement.
(2) By accepting the franchise, the grantee agrees to be bound by all the terms and conditions contained in this chapter and said franchise. The grantee also agrees to provide all services specifically set forth in its application to provide cable television service within the confines of the county, and by its acceptance of the franchise, the grantee specifically acknowledges and agrees that its application is thereby attached and incorporated by reference and made a part of the franchise.
(3) By accepting the franchise, the grantee acknowledges that it does so relying upon its own investigation and understanding of the county in connection with the system and the franchise.
(4) By accepting the franchise, the grantee acknowledges that it has not been induced to enter into the franchise by any understanding or promise or other statement not expressed therein, whether oral or written, concerning any term or condition of the franchise, regardless of whether such statement was made by or on behalf of the county.
(5) By accepting the franchise, the grantee acknowledges that it has carefully read the terms and conditions of the franchise agreement.
(D) Nonexclusive. Any franchise granted hereunder shall be nonexclusive. The county specifically reserves the right to grant at any time such additional franchises containing substantially equivalent standards, terms and conditions to those previously granted hereunder for a cable communications system as it deems appropriate.
(E) Time of the essence. Whenever the franchise agreement shall set forth any time for an act to be performed by or on behalf of either party, such time shall be deemed of the essence, and any failure of the party to perform within the time allotted shall always be sufficient ground for the other party to invoke an appropriate penalty.
(F) South Carolina law governs. In any controversy or dispute under this chapter, the law of the State of South Carolina shall apply to the extent such law has not been superseded or preempted.
(G) Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or by any federal, state, county, or local statute or regulation, such portion shall be deemed a separate, distinct and independent provision and shall be excised as such; and such holding shall not affect the validity of the remaining portions hereof.
(Ord. 3502, passed 10-7-02)