To the extent permitted by law, a franchise shall be required of any telecommunications carrier who currently occupies or desires in the future to occupy rights-of-way and to provide telecommunications services to any person or area in the county.
(Ord. 1171, 2000)
Within one hundred twenty days after receiving a complete application hereunder, the board shall make a determination granting or denying the application in whole or in part. If the application is denied, the determination shall include the reasons for denial. The criteria enumerated in Section 12.35.030 shall apply when determining whether to grant or deny the application.
(Ord. 1171, 2000)
(1) 
No franchise shall be granted hereunder unless the applicant and the board have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and use rights-of-way will be granted.
(2) 
All franchises granted pursuant to Chs. 12.25 through 12.50 LCC shall contain substantially similar terms and conditions which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other franchisees.
(Ord. 1171, 2000)
No franchise granted hereunder shall confer any exclusive right, privilege or franchise to occupy or use the rights-of-way for delivery of telecommunications services or any other purposes.
(Ord. 1171, 2000)
(1) 
No franchise granted hereunder shall convey any right, title or interest in the rights-of-way but shall be deemed a franchise only to use and occupy the rights-of-way for the limited purposes and term stated in the grant.
(2) 
No franchise granted hereunder shall authorize or excuse a franchisee from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use rights-of-way.
(3) 
No franchise granted hereunder shall be construed as any warranty of title.
(Ord. 1171, 2000)
Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be valid for a term of not more than ten years.
(Ord. 1171, 2000)
A telecommunications franchise granted hereunder may be limited to the specific geographic area of the county to be served by the franchisee, and the specific rights-of- way and portions thereof, as may be identified in the franchise agreement.
(Ord. 1171, 2000)
All franchisees are required to obtain permits and pay all costs for telecommunications facilities and cable facilities as required by the county; provided, however, that nothing in Chs. 12.25 through 12.50 LCC, nor Ch. 5.10 LCC shall prohibit the county and a franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement, and further provided that such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
(Ord. 1171, 2000)
A franchisee shall make its telecommunications services available to any customer within its franchise area who shall request such service, without discrimination, except as permitted by law, as to the terms, conditions, rates or charges for franchisee's services; provided, however, that nothing in Chs. 12.25 through 12.50 LCC shall prohibit a franchisee from making any reasonable classifications among differently situated customers.
(Ord. 1171, 2000)
(1) 
The franchisee shall apply for an amendment to an existing franchise when a telecommunications carrier desires to extend its franchise territory or to locate its telecommunications facilities in rights-of-way which are not included in a franchise previously granted hereunder or when it desires to offer services beyond those authorized in the franchise.
(2) 
The county shall grant a franchise amendment without further application if the county orders a telecommunications carrier to locate or relocate its telecommunications facilities in rights-of-way not included in a previously granted franchise.
(Ord. 1171, 2000)
A franchisee that desires to renew its franchise hereunder shall, not more than one hundred eighty days nor less than one hundred twenty days before expiration of the current franchise, file an application with the county for renewal of its franchise which shall include the following information:
(1) 
The applicable information required pursuant to the franchise application; and
(2) 
Any other information required by the county.
(Ord. 1171, 2000)
Within one hundred twenty days after receiving a complete application hereunder, the board shall make a determination on behalf of the county granting or denying the renewal application in whole or in part. If the renewal application is denied, the determination shall include the reasons for nonrenewal. The criteria enumerated in Section 12.35.030 shall apply when determining whether to grant or deny the application, and may further consider the applicant's compliance with the requirements of Chs. 12.25 through 12.50 LCC, and the franchise agreement.
(Ord. 1171, 2000)
No franchise shall be renewed until any ongoing violations or defaults in the franchisee's obligations under the franchise agreement, the requirements of Chs. 12.25 through 12.50 LCC, and all applicable laws, statutes, codes, ordinances, rules and regulations have been cured, or a plan detailing the corrective action to be taken by the franchisee has been approved by the director. Failure to comply with the terms of an approved plan shall be grounds for nonrenewal or immediate revocation of the franchise.
(Ord. 1171, 2000)