§ 58-4.208. Franchise characteristics.

(1)

A franchise authorizes use of public rights-of-way for installing cables, wires, lines, optical fiber, underground conduit, and other devices necessary and appurtenant to the operation of a cable system to provide cable service within a franchise area, but does not expressly or implicitly authorize a cable operator to provide service to, or install a cable system on, private property without the owner's consent or to use publicly or privately owned conduits or any public property other than the public rights-of-way without a separate agreement with the owners thereof.

(2)

A franchise shall constitute both a right and an obligation to provide the cable services regulated by the provisions of this division and a franchise agreement.

(3)

A franchise is non-exclusive and shall not: explicitly or implicitly preclude the issuance of other franchises to operate cable systems within the county; affect the county's right to authorize use of public rights-of-way or county-owned property by other persons to operate cable systems or for other purposes as the county deems appropriate; or affect the county's right to itself construct, operate, or maintain a cable system.

(4)

All privileges prescribed by a franchise shall be subordinate to (without limitation) the county's use and prior lawful occupancy of the public rights-of-way or public property.

(5)

The county reserves the right to reasonably designate, in accordance with its generally applicable procedures, where a cable operator's facilities are to be placed within the public rights-of-way or on any county-owned property the cable operator is otherwise authorized to use, and to resolve any disputes among users of the public rights-of-way or such county-owned property.

(6)

A franchise authorizes use of the public rights-of-way for the installation and operation of a cable system to provide cable service within a franchise area. The county reserves its rights with respect to the regulation of telecommunications services and facilities, and to the extent allowed by applicable law, reserves the right to adopt a telecommunications ordinance.

(Ords. 2006-65 § 3, 93-55, 82-28).