The franchise area shall be the portions thereof
for which a franchise is granted.
For the purpose of operating and maintaining
a cable communications system in the County, the grantee may erect,
install, construct, repair, replace, reconstruct and retain in, on,
over, under, upon, across and along the public streets and ways within
the County such wires, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, pedestals, attachments and other
property and equipment as are necessary to the operation of the cable
communications systems; provided, however, that the grantee complies
with all design, construction, safety, and performance provisions
contained in this chapter, the franchise agreement, and other applicable
local ordinances.
No poles shall be erected by the grantee in
public rights-of-way without prior approval of the County with regard
to location, height, type and any other pertinent aspect. No location
of any pole of the grantee shall be a vested right, and such poles
shall be removed or modified by the grantee at its own expense whenever
the County determines that the public convenience would be enhanced
thereby. The grantee shall utilize existing poles and conduits, where
possible. The County shall have the right, during the life of the
franchise, to install and maintain free of charge upon the poles owned
by the grantee any wire and pole fixtures that do not unreasonably
interfere with the cable system operations of the grantee.
No cable communications system shall be allowed
to occupy or use the streets of the County or be allowed to operate
without a franchise.
All franchises granted by the County will be
nonexclusive. The County specifically reserves the right to grant
at any time such additional franchises for a cable communications
system as it deems appropriate.
Upon completion of the term of any franchise
granted under this chapter, the franchise may be renewed under such
terms and conditions as the parties may agree; provided, however,
that any such renewal process shall be subject to, and governed by,
any existing federal or state laws or regulations regarding same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Equal opportunity employment shall be afforded
by all operators of cable television systems to all qualified persons,
and no person shall be discriminated against in employment because
of race, color, religion, age, national origin, sex, or physical or
mental handicap. The grantee shall comply with all equal opportunity
provisions enacted by federal, state and local authorities, as well
as all such provisions contained in this chapter and the franchise.
All notices from the grantee to the County pursuant
to this chapter and the franchise shall be to the County Manager or
his designee. The grantee shall maintain with the County, throughout
the term of the franchise, an address for service of notices by mail.
The grantee shall also maintain with the County a local office and
telephone number for the conduct of matters related to the franchise
during normal business hours. The grantee shall be required to advise
the County of such address(es) and telephone numbers and any changes
thereof.
The grantee shall not be excused from complying
with any of the terms and conditions of this chapter or the franchise
by any failure of the County upon any one or more occasions to insist
upon or to seek compliance with any such terms or conditions.