The Grantee shall provide cable service throughout the entire Franchise area pursuant to the provisions of this Franchise and shall keep a record of all service extended by the Grantee. This record shall be available for inspection by the County at the local office of the Grantee during regular office hours.
(A) 
Line extensions.
(1) 
In all areas of the Franchise territory, the Grantee shall be required to extend its system pursuant to the following requirements:
(a) 
Grantee must extend and make CS service available to every dwelling unit in all unserved, developing areas having at least twenty-four (24) dwelling units per cable mile as measured from the existing system, and shall extend its system simultaneously with the installation of utility lines.
(b) 
Grantee must extend and make CS service available to any isolated resident requesting connection at the standard connection charge, if the connection to the isolated resident would require no more than a standard of one hundred fifty (150) foot aerial drop line.
(2) 
Early extension. In areas not meeting the requirement for mandatory extension of service, Grantee shall provide, upon the written request of a potential subscriber desiring service, an estimate of the costs required to extend service to said subscriber. Grantee may require advance payment of assurance of payment satisfactory to Grantee. The amount paid by subscribers for early extension shall be nonrefundable, and in the event the area subsequently reaches the density required for mandatory extension, such payments shall be treated as consideration for early extension.
(3) 
New development underground. In cases of new construction or property development where utilities are to be placed underground, the developer or property owner shall give Grantee reasonable notice of such construction or development, and of the particular date on which open trenching will be available for Grantee’s installation of conduit, pedestals and/or vaults, and laterals to be provided at Grantee’s expense. Grantee shall also provide specifications as needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that if Grantee fails to install its conduit, pedestals and/or vaults, and laterals within five (5) working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five (5) day period, the cost of new trenching is to be borne by Grantee. Except for the notice of the particular date on which trenching will be available to Grantee, any notice provided to Grantee by County of a preliminary plat request shall satisfy the requirement of reasonable notice if sent to the local general manager or system engineer of Grantee prior to approval of the preliminary plat request.
(B) 
Special agreements. Nothing herein shall be construed to prevent Grantee from serving areas not covered under this Section upon agreement with developers, property owners, or residents.
(A) 
Construction standard.
(1) 
Compliance with safety codes. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970 and any amendments thereto as well as all state and local codes where applicable.
(2) 
Compliance with electrical codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electric Safety Code as amended.
(3) 
Antennas and towers. Antenna supporting structures (towers) shall be designed for the proper loading zones as specified in Electronics Industry Association’s F.S.-22A Specifications.
(4) 
Compliance with aviation requirements. Antenna supporting structures (tower) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local codes and regulations.
(5) 
Construction standards and requirements. All of the Grantee’s plant and equipment, including but not limited to the antenna site, head-end and distribution system, towers, house connections, structures, poles, wire, cable coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements the county may deem proper to make, or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic on county properties.
(6) 
Safety, nuisance, requirements. The Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(B) 
Network technical requirements. The Cable System shall be operated so as to meet the following general objectives:
(1) 
Capable of continuous twenty-four (24) hour daily operation;
(2) 
Capable of operating over an outdoor temperature range of -20 degrees F to +120 degrees F and meeting all specifications as set forth herein over said temperature range without catastrophic failure or irreversible performance changes over variations in supply voltages from 105 to 130 volts AC;
(3) 
Operated in such a manner as to avoid causing interference with reception of off-the-air signals by non-subscribers to the network;
(4) 
Designed, installed and operated so as to assure the delivery to all subscribers of standard color and monochrome signals on the FCC-designed Class I channels without noticeable picture degradation or visible evidence of color distortion or other forms of interference directly attributable to the performance of the Cable System.
(C) 
Performance monitoring.
(1) 
Test procedures used in verification of the performance criteria set forth herein, if not as set forth in paragraph 76.609, Subpart K of the FCC Rules and Regulations, shall be in accordance with good engineering practice and shall be fully described in an attachment to the annual certificate filed upon request with the County.
(2) 
To the extent that the report of measurements as required above may be combined with any reports of measurements required by the FCC or other regulatory agencies, the County shall accept such combined reports, provided that all standards and measurements herein or hereafter established by the County are satisfied.
(3) 
At any time after commencement of service to subscribers the County may require additional tests, full or partial repeat tests, different test procedures, or test involving specific subscriber’s terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant non-compliance, and such tests will be limited to the particular matter in controversy. The County will endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to Grantee or to the subscriber.
(D) 
Street occupancy.
(1) 
Grantee shall utilize existing poles, conduits and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities whether on public property or on privately-owned property until the written approval of the County is obtained, which approval shall not be unreasonably withheld. However, no location of any pole or wire holding structure of the Grantee shall be a vested interest and such poles or structures shall be removed or modified by the Grantee at its own expense whenever the County reasonably determines that the public convenience would be enhanced thereby.
(2) 
The facilities of the Grantee shall be installed underground in those areas of the County where existing telephone and electric services are both underground at the time of system construction. In areas where either telephone or electric utility facilities are installed aerially at the time of system construction, the Grantee may install its facilities aerially with the understanding that at such time as the existing aerial facilities are required to be placed underground by the County, the Grantee shall likewise place its facilities underground.
(3) 
A Grantee shall notify the County at least ten (10) days prior to the intention of the Grantee to commence any construction in any streets. The County shall cooperate with the Grantee in granting any permits required, providing such grant and subsequent construction by the Grantee shall not unduly interfere with the use of such streets and that proposed construction shall be done in accordance with the pertinent provisions of the ordinances of the County.
(4) 
All transmission lines, equipment and structures shall be so installed and located as to cause minimum interference with the rights and reasonable convenience of property owners and at all times, shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. The Grantee shall, at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way the Grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.
(5) 
Grantee shall, at its own expense, and in a manner approved by the County, restore to County standards and specifications any damage or disturbance caused to the public way as a result of its operations or construction on its behalf.
(6) 
Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the Chief of the Fire Department or Chief of the Police Department to remove any of the Grantee’s facilities, no charge shall be made by the Grantee against the County for restoration and repair, unless such acts amount to gross negligence by the County.
(7) 
Grantee or its designee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the County. Trimming of trees on private property shall require written consent of the property owner.
(8) 
The Grantee at its expense shall protect, support, temporarily disconnect, relocate, or remove any property of Grantee when, in the opinion of the County the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, waterpipes, power line, signal line, transportation facilities, tracks, or any other types of structure or improvements by governmental agencies whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including but not limited to movement of buildings, urban renewal and redevelopment, and any general program under which the County shall undertake to cause all such properties to be located beneath the surface of the ground. The Grantee shall in all cases have the privilege, subject to the corresponding obligations, to abandon any property of Grantee in place. Nothing hereunder shall be deemed a taking of the property of Grantee and Grantee shall be entitled to no surcharge by reason of anything hereunder.
(9) 
Upon failure of Grantee to commence, pursue or complete any work required by law or by the provisions of this Article to be done in any street, within the time prescribed and to the reasonable satisfaction of the County, the County may, at its option, cause such work to be done and the Grantee shall pay to the County the cost thereof in the itemized amounts reported by the County to Grantee within thirty (30) days after receipt of such itemized report.
(10) 
The Grantee shall make no paving cuts or curb cuts unless absolutely necessary, but only after written permission has been given by the County.
(11) 
The Grantee shall install in conduit all cable passing under any major roadway.
(A) 
Office and phone. The Grantee shall maintain a conveniently located office which shall be open during all usual business hours, have a locally listed telephone and be so operated that complaints and requests for repairs and adjustments may be received at any time. In addition, the Grantee shall maintain a service during normal business hours, for the receipt of sums due by its subscribers and shall provide for regular billing of accounts.
(B) 
Notification of service procedures. The Grantee shall furnish each subscriber at the time service is installed, written instructions that clearly set forth procedures and furnish information concerning the procedures for making inquiries or complaints, including the Grantee’s name, address and local telephone number. Grantee shall give the County thirty (30) days prior notice of any rate increases, channel lineup or other substantive service changes.
(C) 
Rate revision. To the extent that Federal or State law or regulation may now, or as the same may hereafter be amended to, authorize the County to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided, by Grantee, the County shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the County. If and when exercising rate regulation, the County shall abide by the terms and conditions set forth by the FCC.
(A) 
It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the Grantee are honored. In the event that the Grantee elects to overbuild, rebuild, modify, or sell the system, or the County gives notice of intent to terminate or fails to renew this Franchise, the Grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service unless circumstances are beyond the control of the Grantee, unforeseen circumstances, or acts of God.
In the event of a change of Grantee, or in the event a new operator acquires the system, the Grantee shall cooperate with the County, new Grantee or operator in maintaining continuity of service to all subscribers. During such period, Grantee shall be entitled to the revenues for any period during which it operates the system.
(B) 
In the event Grantee fails to operate the system for seven (7) consecutive days without prior approval of the County or without just cause, the County may, at its option, operate the system or designate an operator until such time as Grantee restores service under conditions acceptable to the County or a permanent operator is selected. If the County is required to fulfill this obligation for the Grantee, the Grantee shall reimburse the County for all reasonable costs or damages in excess of revenues from the system received by the County that are the result of the Grantee’s failure to perform.
The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Grantee to exercise its rights and perform its obligations under this Franchise, and to assure an uninterrupted service to each and all of its customers. Provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable state and federal laws, rules and regulations.
Grantee shall pay to the County an annual fee in an amount equal to three percent (3%) of the annual gross receipts. Such payment shall be in addition to any other payment, charge, permit fee or bond owed to the County by the Grantee and shall not be construed as payment in lieu of personal or real property taxes levied by state, county or local authorities.
(A) 
Method of computation. Sales taxes or any other taxes or fees including copyright fees which are collected from subscribers by the Grantee to be remitted by the Grantee to a governmental agency shall be deducted from the gross subscriber receipts prior to the computation of the annual Franchise fee. The fee due the County under the provisions of Section 9-2-6 above shall be computed and paid quarterly, based on the Grantee’s fiscal year, with the last quarter payment being adjusted based on review of the Grantee’s gross receipts and shall be paid not later than ninety (90) days after the end of the Grantee’s fiscal year at the office of the Treasurer during its regular business hours. The payment period shall commence as of the effective date of the Franchise. In the event of a dispute, the County, if it so requests, shall be furnished a statement of said payment, by a Certified Public Accountant, reflecting the gross receipts and the above charges, deductions and computations for the period covered by the payment.
(B) 
Acceptance by county. No acceptance of any payment by the County shall be construed as a release or as an accord and satisfaction of any claim the County may have for further or additional sums payable as a Franchise fee under this Article or for the performance of any other obligation of the Grantee.
(C) 
Failure to make required payment. In the event that any Franchise payment or recomputed payment is not made on or before the dates specified herein, Grantee shall pay as additional compensation:
(1) 
An interest charged, computed from such due date, at the annual rate of nine percent (9%) per annum and,
(2) 
A sum of money equal to two percent (2%) of the amount due in order to defray those additional expenses and costs incurred by the County by reason of delinquent payment.
(A) 
The Franchise granted hereunder shall be a privilege to be held for the benefit of the public. Said Franchise cannot in any event be sold, transferred, leased, assigned or disposed of, including but not limited to, by forced or voluntary sale, merger, consolidation, receivership, or other means without the prior consent of the County, and then only under such conditions as the County may establish. Such consent as required by the County shall, however, not be unreasonably withheld or delayed.
(B) 
The Grantee shall promptly notify the County of any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the Grantee. The word “control” as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition by any person or group of persons of ten percent (10%) of the voting shares of the Grantee. Every change, transfer, or acquisition of control of the Grantee shall make the Franchise subject to cancellation unless and until the County shall have consented thereto, which consent will not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the County may inquire into the qualification of the prospective controlling party, and the Grantee shall assist the County in any such inquiry.
(C) 
By its acceptance of this Franchise, the Grantee specifically grants and agrees that any such sale, assignment or transfer occurring without prior approval of the County Board shall constitute a violation of this Franchise by the Grantee.
(D) 
The foregoing requirements shall not apply to any sale, assignment or transfer to any Person which is owned or controlled by the Grantee, or any Person which owns or controls the Grantee. Grantee shall notify the County thirty (30) days prior to any sale, assignment or transfer.
(E) 
The requirements of this Section do not apply to the restructuring of debt or ownership interests among existing equity participants in Charter Communications, Inc. and its affiliates of the sale of capital stock by Grantee, or by any of Grantee's affiliated companies, in a transaction commonly known as an "initial public offering", provided that the following conditions are satisfied:
(1) 
The Grantee provides to Grantor not less than thirty (30) days prior written notice of that proposed transaction; and
(2) 
The Grantee represents in writing to the Grantor that such transaction will have no foreseeable effect on the agreement between the Grantee and Charter Communications, Inc. relating to the management and operation of the Grantee's cable system in the franchise service area.
(A) 
Reports required. The Grantee shall file with the County:
(1) 
The Grantee’s schedule of charges, contract or application forms for regular subscriber service, policy regarding the processing of subscriber complaints, delinquent subscriber disconnect and reconnect procedures and any other terms and conditions adopted as the Grantee’s policy in connection with its subscribers shall be filed with the County upon request.
(2) 
All petitions, applications and communications of all types submitted by Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other Federal or State regulatory commission or agency having jurisdiction over any matter affecting operation of Grantee’s system shall be submitted to the County upon request.
(3) 
All rules, regulations, terms and conditions which Grantee has adopted for the conduct of its business shall be submitted to the County upon request.
(B) 
Records required. The Grantee shall at all times maintain:
(1) 
A record of all complaints received and interruptions or degradation of service experienced shall be maintained for one (1) year.
(2) 
A full and complete set of plans, records and “as-built” maps showing the exact location of all CS equipment installed or in use in the County, exclusive of subscriber service drops.
(C) 
Filing. When not otherwise prescribed herein, all matters required to be filed with the County shall be filed with the County Clerk.
(D) 
Other records. The County may impose reasonable requests for additional information, records and documents from time to time.
(E) 
Inspection of property and records. At all reasonable times, Grantee shall permit examination by any duly authorized representative of the County of all Franchise property, together with any appurtenant property of Grantee situated within or without the County. Grantee shall also permit any duly authorized representative of the County to examine and transcribe any and all maps and other records kept or maintained by Grantee or under its control concerning the operations or property of Grantee.
At the expiration of the term for which this Franchise is granted, or upon its termination as provided herein, Grantee shall forthwith, upon notice by County, remove at its own expense the CS from all streets and public property within the County. If Grantee fails to do so, County may perform the work at Grantee’s expense.
The Grantee agrees that the equipment used in fulfillment of its franchise obligation shall be maintained at the highest standards consistent with changes in the state of the art and Grantee shall regularly advise the County of its equipment changes and modifications to upgrade the system.
The Grantee shall cooperate with any interconnection corporation, regional interconnection authority or county, state and federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the County.
The Grantee shall maintain, without charge, one outlet to each public school, located in the area served by the system and will provide free basic service, for so long as the system remains in operation in the area. Any such school may install, as its expense, such additional outlets for classroom purposes as it desires, provided that such installation shall not interfere with the operation of Grantee’s system, and that the qualify and manner of installation of such additional connections shall have been approved by the Grantee and shall comply with all County, state and federal laws and regulations.
In addition, the Grantee shall furnish to the County, without charge, that is, without installation or monthly charges, one outlet to each Police and Fire Station, and to the County Courthouse.
In addition to the local Public, Education and Government (PEG) access channel available to subscribers on the effective date of this Article, the Grantee shall also maintain a minimum of one equipped production studio for the service area, technical assistance, maintenance for the equipment, and a staff person to oversee the operation of the PEG channel.