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Northumberland County, VA
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Northumberland County as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-12-1987]
This ordinance shall be known and may be cited as the "Community Antenna Television Franchise Ordinance - First Commonwealth Cablevision."
A. 
Definitions. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein.
ANNUAL GROSS OPERATING REVENUES
Any and all compensation and other consideration derived directly by the grantee from subscribers in the county for regularly furnished basic CATV service, and shall not include revenues derived from per-program or per channel charges, leased channel revenues, advertising revenues or taxes on services furnished by grantee imposed directly on any subscriber or user by the county, state or other governmental unit and collected by grantee for such governmental unit.
BOARD
The Board of Supervisors of Northumberland County, Virginia.
COMMUNITY ANTENNA TELEVISION SYSTEM REFERRED TO AS CATV SYSTEM, OR SYSTEM
A system of coaxial cables or other electrical conductors and equipment used primarily to receive television or radio signals directly or indirectly off-the-air and transmit them to subscriber for a fee defined in § 15.1-23.1 of the Code of Virginia (1950), as amended.
COUNTY
The unincorporated area of Northumberland County, Virginia.
COUNTY ADMINISTRATOR
The County Administrator of Northumberland County, Virginia, as defined by the Code of Virginia.
GRANTEE
First Commonwealth Cablevision, Ltd., or anyone who succeeds First Commonwealth Cablevision, Ltd., in accordance with the provisions of this franchise.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
B. 
Word usage. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
There is hereby granted by the county to First Commonwealth Communications, Inc., a franchise, right and privilege, subject to the limitations herein imposed, to construct, erect, operate and maintain in, upon, along, across, above, over and under the roads, streets, alleys, public ways, and all extensions thereof, and additions thereto, in the county, on poles, wires, cable, underground conduits, manholes, and other television conductors and fixtures, and to use poles, wires, cables, and other facilities of any person, providing consent is obtained from such person, including but not limited to the Department of Highway and Transportation of the Commonwealth of Virginia, necessary for the maintenance and operation in the County of Northumberland, a community antenna television system for the interception, sale and distribution of television and radio signals.
A. 
Nonexclusive grant. The right to use and occupy said roads, alleys, public ways and places, or the facilities of other places for the purpose herein set forth shall not be exclusive, and the county reserves the right to grant a similar use of said roads, streets, alleys, public ways and places to any person at any time during the period or this franchise.
B. 
Qualifications of grants. The Board has approved the legal, character, financial, technical and other qualifications of the grantee, and adequacy and feasibility of the grantee's construction arrangements an part of a full public proceeding affording due process of law.
A. 
It is expressly understood and agreed by and between the grantee and the county that the grantee shall and does by its acceptance of this franchise, specifically agree to save the county harmless from all loss sustained by the county on account of any suit, judgment, execution, claim or demand whatsoever resulting from the granting of this franchise. The above shall include, but shall not be limited to damages arising out of copyright infringement and all other damages arising out of the installation, operation or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise.
B. 
The grantee, by its acceptance of this franchise, specifically agrees that it shall maintain throughout the term of this franchise liability insurance, insuring the county and the grantee against all claims or damages in the minimum amounts of at least:
(1) 
One hundred thousand dollars for bodily injury or death to any one person, and $300,000 for bodily injury or death resulting from any one accident.
(2) 
One hundred thousand dollars for property damages resulting from any one accident.
(3) 
All of the foregoing insurance contracts shall be issued and maintained by companies authorized to do business in the Commonwealth of Virginia and acceptable to the county and said contracts shall provide for 30 days written notice of any cancellation to both the county and the grantee herein.
The grantee shall at all times during the life of this franchise be subject to all lawful exercise of the police power by the county and to such regulation as the county, state or federal government shall hereinafter provide. Any lawful modification resulting from amendment of 76-31 (Franchise Standards) of the Rules and Regulations of the Federal Communications Commission (FCC) shall be incorporated into this ordinance as the date such modifications became obligatory under federal regulations, or in the event that no obligatory date is established, within one year of adoption, or at the time of renewal of the terms of this ordinance, whichever occurs first.
A. 
This franchise relates to the present unincorporated territorial limits of the county. The territory served shall be any area in Northumberland County which has at least 25 homes per mile contiguous to existing system, or less where these homes will take service for a twelve-month period, with a twelve-month prepayment for basic service.
B. 
The grantee shall furnish a map showing territory to be served prior to beginning construction. The extension of lines shall be contiguous to the present existing system serving Lancaster County, Virginia and any additional lines added.
A. 
The grantee shall, within 60 days from the date of the granting of this franchise, make proper application to the Federal Communications Commission for all permits, licenses or approval required by law for the construction and operation of a CATV system; and shall promptly and diligently pursue the granting of all Federal Communications Commission permits.
B. 
Upon receipt of the necessary permits from the FCC, and other county, state or federal governments, and pole rental permits from the utility companies, the grantee shall install coaxial cables and make connections to subscribers in accordance with the following minimum schedule:
(1) 
During the first 12 months, 75% of the total required.
(2) 
During the first 18 months, substantially all of the coaxial cable and connections to subscribers required to be installed shall be installed.
A. 
The grantee shall engineer, install, maintain, operate and equip the CATV system of the Federal Communications Commission.
B. 
The signals distributed by the grantee shall be the best possible signals available under the circumstances existing at the time and shall provide the best possible quality reception to each subscriber.
C. 
Demonstrate by instruments and otherwise to subscribers that a signal of adequate strength and quality is being delivered.
The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall occur during periods of minimum use of the system. grantee shall have at least one maintenance person living within a thirty-mile radius of Kilmarnock who has the capability of making emergency repairs; and have a toll-free telephone line which subscribers may telephone 24 hours a day without incurring added toll charges so that CATV maintenance service shall be promptly available.
The grantee shall render its service in accordance with the rules and regulations of the County of Northumberland, Virginia, now applicable to their operation, or such rules and regulations as may be hereafter promulgated by the county or by any public regulatory agency of the Commonwealth of Virginia or the United States.
All programs of broadcasting stations carried by the grantee shall be carried in their entirety as received, with announcements and advertisements and without additions. The grantee hereby initially commits to provide at least the following channel selections:
Channel
Service/Station
Type
Location
2
HBO
3
Cable News Network
4
WGN
(9)Independent
Chicago
5
Cinemax
6
WTVR
(6)CBS
Richmond
7
WYAH
(27)Independent
Portsmouth
8
WXEX
(8)ABC
Richmond
9
WHRO
(15)PBS
Hampton/Norfolk
10
WAVY
(10)NBC
Portsmouth
11
ESPN
12
CBN
13
Nickelodeon
14
Disney
16
Nashville Network
17
USA Network
18
WTBS
(17)Independent
Atlanta
19
WTKR
(3)CBS
Norfolk
20
WTVZ
(33)Independent
Norfolk
21
WVEC
(13)ABC
Hampton/Norfolk
22
WWBT
(12)NBC
Richmond
A. 
Upon request from the county, the grantee shall provide basic service to the county's building and to the Volunteer Fire Department buildings, and to rescue squads at no cost to the county or the Volunteer Fire Departments or rescue squads. The grantee shall provide basic service to all public school locations and teaching stations within the county for educational purposes upon request by the county and at no cost to it or to the public school system. Basic service shall be provided to the schools by means of one drop cable to the outside only. The grantee may at its election provide similar services without cost to private schools, including parochial or other religious schools.
B. 
Statewide Educational Telecommunication Network. grantee shall conform to minimum standards for channels set aside for the statewide General Educational Telecommunication Network or Networks adopted by the Virginia Public Telecommunication Board as defined in § 15.1-23.1 of the Code of Virginia (1950), as amended.
In the case of any emergency or disaster, the grantee shall, upon request of the county, through the County Administrator, make available facilities to the county for emergency use during the emergency or disaster period.
A. 
Neither the grantee hereunder nor any shareholder of the grantee shall engage in the business of selling, repairing, or installing television receivers, radio receivers or accessories for such receivers within the County of Northumberland, Virginia, during the term of this franchise and the grantee shall not allow any of its shareholders to so engage in any such business.
B. 
This franchise authorizes only the operation of a CATV system as provided for herein, and does not take the place of any other franchise, license or permit which might be required of the grantee by the County of Northumberland, Commonwealth of Virginia, or the United States.
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 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 of laws of the Commonwealth of Virginia or of the United States.
A. 
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 nuisance to the public.
B. 
The grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the National Electric Code, and in such manner that they will not interfere with any installation of the county or of a public utility serving the county.
C. 
All structures, and all lines, equipment and connections in, over under and upon roads, streets, sidewalks, alleys and public ways or places of the county, where ever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair.
A. 
Use. All transmission and distribution structures, lines, and equipment rented by the grantee or used on other poles or facilities within the county shall be so located as to cause minimum interference with the proper use of roads, streets, alleys and other public ways and places.
B. 
Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the County Administrator or his duly appointed agent, and/or the Resident Engineer of the Department of Highways and Transportation in accordance with existing policy, replace and restore all paving, sidewalk, driveway or surface of any street or alloy disturbed in as good conditions as before said work was commenced.
C. 
Relocation. In the event that at any tire during the period of this franchise, the county shall lawfully elect to alter, or change the grade of any road, street, alley, or other public way, or to alter, change or install public utilities, the grantee, upon reasonable notice by the county, shall remove, relay, and relocate its poles, wires, cables and underground conduits, manholes and other fixtures at its own expense.
D. 
Placement of fixture. The grantee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant, or water and sewer mains, and all such poles or other fixtures placed in any street or otherwise shall be placed at the outer edge off the sidewalk and inside the curbline, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said roads, streets, alleys, and public ways, all to be approved by the County Administrator and/or the Resident Engineer of the Department of Highways and Transportation in accordance with existing policy.
E. 
Temporary removal of wire for building moving. The grantee shall, on the request of any person holding a building moving permit issued by the county or any governmental authority, temporarily raise or lower it wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and shall not exceed the actual costs of the grantee. The grantee shall have the authority to require such payment in advance. The grantee shall be given no less than 48 hours advance notice for such temporary wire changes.
F. 
Tree trimming. The grantee shall have the authority to trim trees upon and overhanging roads, streets, alleys, sidewalks, and public places within the county so as to prevent the branches of such trees from coming in contact with the wires and cables and at the expense of the grantee.
The grantee shall not, as to rates, charges, service facilities rules, regulations or in any other respect, make or grant any preference or advantage, nor shall it be deemed to prohibit the grantee from giving free service for school purpose, or for any other public use.
Upon termination of service to any subscriber, the grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request.
A. 
County police power. The right is hereby reserved by the county to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations to regulate the activities of the grantee as it shall find necessary in the exercise of the police power, provided that such regulations, by ordinance, or otherwise, shall be reasonable, and not in conflict with the rights herein granted and shall not be in conflict with the laws of the Commonwealth of Virginia or of the United States.
B. 
Use of system by county. The county shall have the right during the life of the franchise to install and maintain free of charge upon the poles of the grantee any wire and pole fixtures necessary for a police or fire alarm system so long as such wires and pole fixtures do not interfere with the CATV operation of the grantee.
C. 
Supervision and inspection. The county shall have the right to supervise all construction or installation work performed subject to the provisions of this ordinance and to make such inspections as it shall find necessary to insure compliance with governing ordinance.
D. 
Procedure after expiration of franchise. At the end of the term of this franchise, the county shall have the right to determine whether the grantee shall continue to operate and maintain its distribution system pending the decision of the county as to the granting of another franchise for its future maintenance and operation of such system.
A. 
The grantee shall pay to the county annually a tax in the amount of 3%, or a higher percent if approved by the FCC, but not to exceed 5% of the annual gross basic operating revenues taken in and received by it on all retail sales of television signals within the county during the year, for the use of the roads, streets, and other facilities of the county in the operation of the CATV system and for the municipal supervision thereof. The above tax shall be paid within 115 days after the close of the grantee's fiscal year.
B. 
The grantee shall reimburse county for all costs incurred in advertising and publishing this ordinance as required by law.
Rates charged by the grantee for service hereunder shall be approved by the Board of Supervisors of Northumberland County, Virginia.
The county shall have access at all reasonable hours to all of the grantee's plans, contracts, and engineering, accounting, financial, statistical, customer and service records relating to the property and operations of the grantee and to all other records required to be kept hereunder, as follows:
A. 
Company rules and regulations. Copies of rules, regulations, terms and conditions and all plans adopted by the grantee for the conduct of its business.
B. 
Gross revenue. An annual summary report showing gross revenue received by the grantee from its operations within the county during the preceding year and such other information as the county shall request with respect to properties and expenses related to the grantee's service within the county.
C. 
Plans. Grantee shall furnish plat or plats showing the location of its wires, cables, and other equipment located in, under, and along the streets, alleys and public places of the county and submit two copies to the County Administrator; any changes or additions shall be handled in the same manner.
[Amended 7-9-1998]
The franchise and rights herein granted under the provisions of this ordinance shall take effect and be in force from and after the final passage thereof, as provided by law and upon filing of acceptance and all other instruments required herein by grantee with the County Administrator, and shall continue in force and effect for a term of 15 years after the effective date of this franchise. At the and of the fifteen-year period, the grant of authority may be renewed for a term not to exceed an additional five years following a public proceeding affording due process, during which hearing a grantee's performance and the adequacy of this ordinance will be reviewed.[1]
[1]
Editor's Note: The First Commonwealth Cable Television franchise was renewed for an additional five years 7-9-1998, which renewal shall be effective 2-8-2007.
This franchise shall not be assigned or transferred, in whole or in part, without the consent of the county.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
Any violation by the grantee, its vendee, lessee or successor, of the provisions of this franchise or any material portions thereof, or the failure promptly to perform any of the provisions thereof, shall be cause for the forfeiture of this franchise and all rights hereunder to the county after written notice to the grantee and continuation of such violation, failure or default.
Within 30 days after the adoption of this ordinance, grantee shall deliver to county a performance bond executed by grantee and corporate surety authorized to do business within the Commonwealth of Virginia, in the principal sum of $10,000 conditioned upon the grantee complying in all respects with the provisions of this ordinance, with the further obligation of grantee to make payment of the annual tax imposed under § A151-21 of this ordinance.
Upon the failure of the grantee to start operations in a substantial manner satisfactory to the County of Northumberland, Virginia, within 12 months from the date of adoption of this ordinance, the county may terminate the franchise here granted upon giving to the grantee 30 days notice of its intention to terminate same.
[Adopted 1-12-1989]
This ordinance shall be known and may be cited as the "Community Antenna Television Franchise Ordinance - FrontierVision."[1]
[1]
Editor's Note: Pursuant to Section 24 of this franchise and resolution adopted 12-27-1995 by the Board of Supervisors of Northumberland County approving the transfer application of C4 Media Cable Southeast, Limited Partnership to FrontierVision, the references herein to C4 Media Cable Southeast, Limited Partnership, have been changed to FrontierVision.
For the purpose of the ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ANNUAL GROSS OPERATING REVENUES
Any and all compensation and other consideration derived directly by the grantee from subscribers in the county for regularly furnished basic CATV service, and shall not include revenues derived from per-program or per-channel charges, leased channel revenues, advertising revenues or taxes on services furnished by grantee imposed directly on any subscriber or user by the county, state or other governmental unit and collected by grantee for such governmental unit.
BOARD
The Board of Supervisors of Northumberland County, Virginia.
COMMUNITY ANTENNA TELEVISION SYSTEM, HEREIN AFTER REFERRED TO AS CATV SYSTEM, OR SYSTEM
A system of coaxial cables or other electrical conductors and equipment used primarily to receive television or radio signals directly or indirectly off-the-air and transmit them to subscriber for a fee defined in § 15.1-23.1 of the Code of Virginia (1950), as amended.
COUNTY
The unincorporated area of Northumberland County, Virginia.
COUNTY ADMINISTRATOR
The County Administrator of Northumberland County, Virginia, as defined by the Code of Virginia.
GRANTEE
FrontierVision or anyone who succeeds FrontierVision, in accordance with the provisions of this franchise.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
There is hereby granted by the county to FrontierVision a franchise, right and privilege, subject to the limitations herein imposed, to construct, erect, operate and maintain in, upon, along, across, above, over and under roads, streets, alleys, public ways, and all extensions thereof, and additions thereto, in the county, on poles, wires, cable, underground conduits, manholes, and other television conductors and fixtures, and to use poles, wires, cables and other facilities of any person, providing consent is obtained from such person, including but not limited to the Department of Highways and Transportation of the Commonwealth of Virginia, necessary for the maintenance and operation in the County of Northumberland, a community antenna television system for the interception, sale and distribution of television and radio signals.
A. 
Nonexclusive grant. The right to use and occupy said roads, alleys, public ways and places, or the facilities of other places for the purpose herein set forth shall not be exclusive, and the county reserves the right to grant a similar use of said roads, streets, alleys, public ways and places, to any person at any time during the period of this franchise.
B. 
Qualifications of grants. The Board has approved the legal, character, financial, technical, and other qualifications of the grantee, and adequacy and feasibility of the grantee's construction arrangements as part of a full public proceeding affording due process of law.
A. 
It is expressly understood and agreed by and between the grantee and the county that the grantee shall and does by its acceptance of this franchise, specifically agree to save the county harmless from all loss sustained by the county on account of any suit, judgment, execution, claim or demand whatsoever resulting from the granting of this franchise. The above shall include, but shall not be limited to damages arising out of copyright infringement and all other damages arising out of the installation, operation or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise.
B. 
The grantee, by its acceptance of this franchise, specifically agrees that it shall maintain throughout the term of this franchise, liability insurance, insuring the county and the grantee against all claims or damages in the minimum amounts of at least:
(1) 
One hundred thousand dollars for bodily injury or death to any one person, and $300,000 for bodily injury or death resulting from any one accident.
(2) 
One hundred thousand dollars for property damages resulting from any one accident.
(3) 
All of the foregoing insurance contracts shall be issued and maintained by companies authorized to do business in the Commonwealth of Virginia and acceptable to the county and said contracts shall provide for 30 days written notice of any cancellation to both the county and the grantee herein.
The grantee shall at all times during the life of this franchise, be subject to all lawful exercise of the police power by the county and to such regulation as the county, state or federal government shall hereinafter provide. Any lawful modification resulting from amendment of 76.31 (Franchise Standards) of the Rules and Regulations of the Federal Communications Commission (FCC) shall be incorporated into this ordinance as the date such modifications became obligatory under federal regulations, or in the event that no obligatory date is established, within one year of adoption, or at the time of renewal of the terms of this ordinance, whichever occurs first.
This franchise relates to the present unincorporated territorial limits of the county. The territory served shall be any area in Northumberland County which has at least 25 homes per mile contiguous to existing system, or less where these homes will take service for a twelve-month period, with a twelve-month prepayment for basic service. The grantee shall furnish a map showing territory to be served prior to beginning construction.
A. 
The grantee shall, within 60 days from the date of the granting of this franchise, make proper application to the Federal Communications Commission for all permits, licenses or approval required by law for the construction and operation of a CATV system; and shall promptly and diligently pursue the granting of all Federal Communications Commission permits.
B. 
Upon receipt of the necessary permits from the FCC, and other county, state or federal governments, and pole rental permits from the utility companies, the grantee shall install coaxial cables and make connections to subscribers in accordance with the following minimum schedule:
(1) 
During the first 12 months, 75% of the total required.
(2) 
During the first 18 months, substantially all of the coaxial cable and connections to subscribers required to be installed shall be installed.
A. 
The grantee shall engineer, install, maintain, operate and equip the CATV system in accordance with the rules and regulations of the Federal Communications Commission.
B. 
The signals distributed by the grantee shall be the best possible signals available under the circumstances existing at the time and shall provide the best possible quality reception to each subscriber.
C. 
Demonstrate by instruments and otherwise to subscribers that a signal of adequate strength and quality is being delivered.
The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall occur during periods of minimum use of the system. grantee shall have at least one maintenance person living within a thirty-mile radius of Kilmarnock who has the capability of making emergency repairs; and have a toll-free telephone line which subscribers may telephone 24 hours a day without incurring added toll charges so that CATV maintenance service shall be promptly available.
The grantee shall render its service in accordance with the rules and regulations of the County of Northumberland, Virginia, now applicable to their operation, or such rules and regulations as may be hereafter promulgated by the county or by any public regulatory agency of the Commonwealth of Virginia or the United States.
All program of broadcasting stations carried by the grantee shall be carried in their entirety as received, with announcements and advertisements and without additions. The grantee hereby initially commits to provide at least the following channel selections:
Call
Network
Transmitter Location
WTKR
CBS
Norfolk, VA
WTVR
CBS
Richmond, VA
WXEX
CBS
Petersburg, VA
WWBT
NBC
Richmond, VA
WAVY
NBC
Portsmouth, VA
WVEC
ABC
Hampton, VA
WHRO
ETV
Hampton, VA
WYAH
IND.
Portsmouth, VA
WTVZ
IND.
Norfolk, VA
CNN
Cable News Network
Atlanta, GA
WTBS
IND.
Atlanta, GA
Reserved
Local Origination
Local
WGN
IND.
Chicago, IL
USA
Sports and Movies
New York, NY
C-SPAN
U.S. Congress
Washington, D.C.
NIC
Nickelodeon
New York, NY
MTV
Music Television
New York, NY
ESPN
Entertainment/Sports Network
Plainfield, CT
CBN
Cable Broadcast Network
Portsmouth, VA
CNN
Cable News Network
Atlanta, GA
HBO
Home Box Office (Premium Channel)
New York, NY
TMC
The Movie Channel (Premium Channel)
New York, NY
SHO
Showtime (Premium Channel)
New York, NY
MAX
Cinemax (Premium Channel)
New York, NY
DIS
The Disney Channel (Premium Channel)
New York, NY
DISC
Discovery Channel (Educational)
Landover, MD
TWC
The Weather Channel
Atlanta, GA
HSN
Home Shopping Network
Tampa, FL
FNN
Financial News Network
Santa Monica, CA
TNN
The Nashville Network
Nashville, TN
SPN
Satellite Network
Tulsa, OK
A. 
Upon request from the county, the grantee shall provide basic service to the county's building and to the Volunteer Fire Department buildings, and to rescue squads at no cost to the county or the Volunteer Fire Departments or rescue squads. The grantee shall provide basic service to all public school locations and teaching stations within the county for educational purposes upon request by the county and at no cost to it or to the public school system. Basic service shall be provided to the schools by means of one drop cable to the outside only. The grantee may at its election provide similar services without cost to private schools, including parochial or other religious schools.
B. 
Statewide Educational Telecommunication Network. grantee shall conform to minimum standards for channels set aside for the statewide General Educational Telecommunication Network or Networks adopted by the Virginia Public Telecommunication Board as defined in § 15.1-23.1 of the Code of Virginia (1950), as amended.
In the case of any emergency or disaster the grantee shall, upon request of the county, through the County Administrator, make available facilities to the county for emergency use during the emergency or disaster period.
A. 
Neither the grantee hereunder nor any shareholder of the grantee shall engage in the business of selling, repairing or installing television receivers, radio receivers or accessories for such receivers within the County of Northumberland, Virginia, during the term of this franchise and the grantee shall not allow any of its shareholders to so engage in any such business.
B. 
This franchise authorizes only the operation of a CATV system as provided for herein, and does not take the place of any other franchise, license or permit which might by required of the grantee by the County of Northumberland, Commonwealth of Virginia, or the United States.
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 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 of laws of the Commonwealth of Virginia or of the United States.
A. 
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 nuisance to the public.
B. 
The grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the National Electric Code, and in such manner that they will not interfere with any installation of the county or of a public utility serving the county.
C. 
All structures, and all lines, equipment and connections in, over, under and upon roads, streets, sidewalks, alleys and public ways or places of the county, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair.
A. 
Use. All transmission and distribution structures, lines, and equipment rented by the grantee or used on other poles or facilities within the county shall be so located as to cause minimum interference with the proper use of roads, streets, alleys, and other public ways and places.
B. 
Restoration. In case of any disturbance of pavement, sidewalks, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the County Administrator or his duly appointed agent, and/or the Resident Engineer of the Department of Highways and Transportation in accordance with existing policy, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed in as good conditions as before said work was commenced.
C. 
Relocation. In the event that at any time during the period of this franchise, the county shall lawfully elect to alter, or change the grade of any road, street, alley, or other public way, or to alter, change or install public utilities, the grantee, upon reasonable notice by the county, shall remove, relay, and relocate its poles, wires, cables and underground conduits, manholes and other fixtures at its own expense.
D. 
Placement of fixture. The grantee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant, or water and sewer mains, and all such poles or other fixtures placed in any street or otherwise shall be placed at the outer edge off the sidewalk and inside the curbline, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said roads, streets, alleys and public ways, all to be approved by the County Administrator and/or the Resident Engineer of the Department of Highways and Transportation in accordance with existing policy.
E. 
Temporary removal of wire for building moving. The grant shall, on the request of any person holding a building moving permit issued by the county or any governmental authority, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and shall not exceed the actual costs of the grantee. The grantee shall have the authority to require such payment in advance. The grantee shall be given no less than 48 hours advance notice to arrange for such temporary wire changes.
F. 
Tree trimming. The grantee shall have the authority to trim trees upon and overhanging roads, streets, alleys, sidewalks and public places within the county so as to prevent the branches of such trees from coming in contact with the wires and cables and at the expense of grantee.
The grantee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage nor shall it be deemed to prohibit the grantee from giving free service for school purpose, or for any other public use.
Upon termination of service to any subscriber, the grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request.
A. 
County police power. The right is hereby reserved by the county to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations to regulate the activities of the grantee as it shall find necessary in the exercise of the police power, provided that such regulations, by ordinance, or otherwise, shall be reasonable, and not in conflict with the rights herein granted and shall not be in conflict with the laws of the Commonwealth of Virginia or of the United States.
B. 
Use of system by county. The county shall have the right during the life of the franchise to install and maintain free of charge upon the poles of the grantee any wire and pole fixtures necessary for a police or fire alarm system so long as such wires and pole fixtures do nor interfere with the CATV operation of the grantee.
C. 
Supervision and inspection. The county shall have the right to supervise all construction or installation work performed subject to the provisions of this ordinance and to make such inspections as it shall find necessary to insure compliance with governing ordinance.
D. 
Procedure after expiration of franchise. At the end of the term of this franchise, the county shall have the right to determine whether the grantee shall continue to operate and maintain its distribution system pending the decision of the county as to the granting of another franchise for its future maintenance and operation of such system.
A. 
The grantee shall pay to the county annually a tax in the amount of 3%, or a higher percent if approved by the FCC, but not to exceed 5% of the annual gross basic operating revenues taken in and received by it on all retail sales of television signals within the county during the year for the use of the roads, streets, and other facilities of the county in the operation of the CATV system and for the municipal supervision thereof. The above tax shall be paid within 115 days after the close of the grantee's fiscal year.
B. 
grantee shall reimburse county for all costs incurred in advertising and publishing this ordinance as required by law.
The county shall have access at all reasonable hours to all of the grantee's plans, contracts, and engineering, accounting, financial, statistical, customer and service records relating to the property and operations of the grantee and to all other records required to be kept hereunder, as follows:
A. 
Company rules and regulations. Copies of rules, regulations, terms and conditions and all plans adopted by the grantee for the conduct of its business.
B. 
Gross revenue. An annual summary report showing gross revenue received by the grantee from its operations within the county during the preceding year and such other information as the county shall request with respect to properties and expenses related to the grantee's service within the county.
C. 
Plans. grantee shall furnish plat or plats showing the location of its wires, cables, and other equipment located in, under, and along the streets, alleys and public places of the county and submit two copies to the County Administrator; any changes or additions be handled in the manner.
The franchise and rights herein granted under the provisions of this ordinance shall take effect and be in force from and after the final passage thereof, as provided by law and upon filing of acceptance and all other instruments required herein by grantee with the County Administrator, and shall continue in force and effect for a term of 15 years after the effective date of this franchise. At the end of the fifteen-year period, the grant of authority may be renewed for a term not to exceed an additional five years following a public proceeding affording due process, during which hearing the grantee's performance and the adequacy of this ordinance will be reviewed.
This franchise shall not be assigned or transferred, in whole or in part, without the consent of the county.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
Any violation by the grantee, its vendee, lessee or successor, of the provisions of this franchise or any material portions thereof, or the failure promptly to perform any of the provisions thereof, shall be cause for the forfeiture of this franchise and all rights hereunder to the county after written notice to the grantee and continuation of violation, failure or default.
Within 30 days after adoption of this ordinance, grantee shall deliver to county a perforce bond executed by grantee and corporate surety authorized to do business within the Commonwealth of Virginia, in the principal sum of $10,000 conditioned upon the grantee complying in all respects with the provisions of this ordinance, with the further obligation of grantee to make payment of the annual tax imposed under § A151-50 of this ordinance.
Upon the failure of the grantee to start operations in a substantial manner satisfactory to the county of Northumberland, Virginia, within 12 months from the date of adoption of this ordinance, the county may terminate the franchise here granted upon giving to the grantee 30 days notice of its intention to terminate same.