§ 92-2. Grant of Franchise.
Franchise required. It shall be unlawful for any person to engage in the construction,
operation or maintenance of a community antenna television (CATV) system in the areas
of the County's jurisdiction under § 92-1 of this chapter, unless such person or the person
for whom such action is being taken shall have first obtained and shall currently hold a
valid franchise granted pursuant to this Chapter.
General grant. The Board of County Commissioners has the authority to grant the
nonexclusive right, privilege and franchise to construct, erect, operate and maintain in,
over, under and along public streets, roads, alleys, easements, rights-of-way and other
public ways and areas a CATV system in the areas or portions of the County which are in
the County's jurisdiction under § 92-1 of this Chapter.
Examination and investigation of applicants. Said right, privilege and franchise may be
offered to qualified applicants, subject to the right of the County, or its designated
agency, to perform an examination and/or investigation of the applicant(s), said
examination and/or investigation to include, but not be limited to, the legal, character,
financial, technical and other qualifications of the applicant(s) and as to whether any
proposed construction plans and arrangements are shown to the satisfaction of the
Board of Commissioners to be both feasible and adequate to meet the minimum
requirements herein established.
Nonexclusively. A franchise granted to construct, erect, operate and maintain a CATV
system in the County and to obtain all rights-of-way and easements pursuant thereto is
not and shall not be deemed to be an exclusive right or permission. The County expressly
reserves the right to grant similar nonexclusive franchises to other persons, firms or
corporations to conduct CATV within the same or other areas of the County at any time
or any period of time. No additional franchise granted by the County shall in any way
affect the obligations of the grantee hereunder. Any subsequent franchise granted by the
County shall be under identical terms and conditions as contained in this Chapter, and no
grantee shall receive terms and conditions more favorable than another.