(a)
Scope. A franchise granted pursuant to this chapter shall authorize and permit a franchisee
to construct, operate and repair a cable system, or an OVS (as applicable) to provide
cable service in a designated franchise area, and for that purpose to erect, install,
construct, repair, replace, reconstruct, maintain facilities appurtenant to such system
in, on, over, under, upon, across and along those public rights-of-way that the county
may authorize a franchisee to use.
(b)
Nothing Passes by Implication. A franchise shall not convey rights other than as specified
in this ordinance, or in a franchise agreement; no rights shall pass by implication.
(c)
Franchise Not in Lieu of Other Authorizations. A franchise shall not include, or be
a substitute for:
(1)
Complying with requirements for the privilege of transacting and carrying on a business
within the county, including but not limited to complying with the conditions the
county may establish before constructing facilities for, or providing, noncable services;
(2)
Any permit, agreement or authorization required in connection with operations on or
in public rights-of way or public property, including by way of example and not limitation,
street cut permits;
(3)
Any permits or agreements for occupying any other property of the county or private
entities to which access is not specifically granted by the franchise.
(d)
Franchisee Must Comply with Other Laws. A franchise does not relieve a franchisee
of its duty to comply with all county ordinances and regulations, and every franchisee
must comply with the same. Likewise, the rights granted under a franchise are subject
to the exercise of police and other powers that the county now has or may later obtain,
including but not limited to the power of eminent domain.
(e)
Franchise Not a Grant of Property Rights. A franchise does not convey title, equitable
or legal, in the public rights-of-way. Rights granted may not be subdivided or subleased.
(f)
Franchise Nonexclusive. No franchise shall be exclusive, or prevent the county from
issuing other franchises or authorizations, or prevent the county from itself constructing,
operating or repairing its own cable communications system, with or without a franchise.
(g)
Franchise Term. Every franchise shall be for a term of years, which term shall be
eight years, unless a franchise specifies otherwise.
(h)
Costs Borne by Franchisee. Unless otherwise specifically stated in a franchise or
required by law, all acts which a franchisee is required to perform under the franchise
or applicable law must be performed at the franchisee's expense.
(i)
Failures to Perform. If a cable communications system operator, after receiving written
notice to do so from the county administrator, fails to perform work that it is required
to perform within the time provided in the notice for performance, the county may
perform the work and bill the operator therefor. The operator shall pay the amounts
billed within thirty days.
