(a) 
Prior to operating an open video system, an open video system operator shall elect to either obtain a cable television franchise pursuant to Article 2 above or to comply with this Article 3. No person or entity shall operate an open video system without first:
(1) 
submitting a written notice of its election;
(2) 
complying with Article 1 above;
(3) 
providing the county with a copy of its Federal Communications Commission certification as an open video system; and
(4) 
completing negotiations with the county and otherwise complying with the public, educational and governmental access requirements contained in Section 5.30.920 below.
(b) 
If an open video system operator fails to comply with any federal, state or county requirement, it shall immediately cease operations until such compliance occurs. This Article 3 shall not be deemed to authorize an open video system operator to conduct any operations other than the provision of cable services. If an open video system operator provides other telecommunications services, those services shall comply with all applicable sections of this code. Constructing or operating an open video system shall not be deemed to give any open video system operator a vested right to continue to maintain such a system. In the event that federal law ever permits the county to require an open video system operator to obtain a franchise or license, all open video system operators shall immediately apply for such a franchise or license from the county.
(Ord. 551 § 3, 2002)
Prior to operating an open video system, an open video system operator shall negotiate with the county concerning public, educational and governmental access channel capacity, services, facilities and equipment. These negotiations may include the local cable operator(s) if all parties so agree. If the county and the open video system operator are unable to reach agreement, the open video system operator must satisfy the same public, educational and government access obligations as the local cable operator(s) by connecting with the cable operator's public, educational and governmental access channel feeds and by sharing the cable operator's costs relating to such channels. The board of supervisors may adopt a resolution governing the use of such channels and the implementation of the connection of the open video system with the cable system.
(Ord. 551 § 3, 2002)
In consideration of the use of public property, all open video system operators shall pay a fee to the county in an amount equal to three percent of the open video system operator's gross revenues. The open video system operator shall make fee payments quarterly on the first day of each calendar quarter. Fee payments shall be submitted together with documentation of the open video system operator's gross revenues in such form as may be required by the county from time to time.
(Ord. 551 § 3, 2002)
All open video system operators shall pay compensation to the county for use of public property in an amount equal to three percent of the open video system operator's gross non-cable revenues. Payments shall be submitted to the county on the first day of each quarter of each calendar year together with documentation of the open video system operator's gross non-cable revenues in such form as may be required by the county from time to time.
(Ord. 551 § 3, 2002)
In consideration of the use of public property, any person other than a open video system operator who provides cable service or any other telecommunications service over an open video system for which charges are assessed to subscribers but which are not received by an open video system operator shall pay a fee to the county in an amount equal to three percent of that person's gross revenues and gross non-cable revenues. The open video system operator whose open video system is used by such person shall collect the foregoing fee from such person no later than the tenth day prior to the close of each calendar quarter and shall remit the fee to the county no later than the first day of the following calendar quarter. If the open video system cable fails to collect or remit all or part of this fee, the open video system operator shall be directly liable to the county for payment of the uncollected or unremitted fee.
(Ord. 551 § 3, 2002)
The county shall has the right to inspect and audit all of the open video system operator's books and records and those of its affiliates relevant to an accurate determination of the total amount of the open video system operator's gross revenues and gross non-cable revenues. The open video system operator shall make such records available to the county within fourteen days of the county's request. Such records shall be available for inspection by the county at the open video system operator's office within the city of Susanville during normal business hours. Such records shall be retained by the open video system operator for a period of at least three years. The county will bear the cost of any such audit; provided, however, that if such audit indicates a franchise fee underpayment of three percent or more of the amount due, the open video system operator shall reimburse the county for all reasonable costs relating to the audit. Any additional amount due to the county as a result of the audit shall be paid within thirty days following written notice to the open video system operator, which notice shall include a copy of the audit report. If the open video system operator believes the audit report is in error, it may send a written response to the county describing the error in lieu of making the payment. If the county disagrees with the response, it shall notify the open video system operator in writing, after which the open video system operator shall pay the additional amount due within thirty days.
(Ord. 551 § 3, 2002)
In the event that the open video system operator does not make any payments required by this code on or before the date due, a late payment penalty shall accrue at a rate of one and one-half percent per month on the unpaid amount until paid.
(Ord. 551 § 3, 2002)