[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.
ANNUAL GROSS OPERATING REVENUES
BOARD
COMMUNITY ANTENNA TELEVISION SYSTEM REFERRED TO AS CATV SYSTEM, OR SYSTEM
COUNTY
COUNTY ADMINISTRATOR
GRANTEE
PERSON
Definitions. For the purpose of this ordinance, the following
terms, phrases, words and their derivations shall have the meaning given herein.
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.
The Board of Supervisors of Northumberland County, Virginia.
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.
The unincorporated area of Northumberland County, Virginia.
The County Administrator of Northumberland County, Virginia, as defined
by the Code of Virginia.
First Commonwealth Cablevision, Ltd., or anyone who succeeds First
Commonwealth Cablevision, Ltd., in accordance with the provisions of this
franchise.
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:
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.
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.
The Board of Supervisors of Northumberland County, Virginia.
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.
The unincorporated area of Northumberland County, Virginia.
The County Administrator of Northumberland County, Virginia, as defined
by the Code of Virginia.
FrontierVision or anyone who succeeds FrontierVision, in accordance
with the provisions of this franchise.
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:
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.
