§ 118-73. Grant of authority.

(a)

Franchise requirement. Unless otherwise provided by law, no person shall construct, install, maintain or operate a cable system in, under, over, along, across or upon the public ways within the County unless a franchise has first been obtained pursuant to this article and unless such franchise is in full force and effect.

(b)

Nonexclusive franchise. Any franchise granted pursuant to this article shall be nonexclusive. The Board specifically reserves the right to: (i) grant at any time such additional franchises for a cable system as it deems appropriate; and (ii) build, operate and own such cable system or systems as it deems appropriate; provided, however, that the Board shall not grant any overlapping franchises for cable services within its jurisdiction on terms or conditions more favorable or less burdensome than those in any existing franchise within the County.

(c)

Public ways and public property. The grant of a franchise does not establish priority for use over any existing franchise holders or over the County's own use of the public ways and public property.

(1)

The County shall, at all times, control the distribution of space in, over, under or across all public ways and public property occupied by any cable system.

(2)

To the extent allowed by law, all rights granted for the construction and operation of the cable system shall be subject to the continuing right of the Board to require such removal or relocation of the system facilities used by any cable system in the public ways and public property of the County as the Board determines are in the public interest.

(3)

The grant of a franchise shall not affect the Board's right to grant to any other person a right to occupy or use the public ways, or portions thereof, for the construction and operation of a cable system within the County or the right of the Board to permit the use of the public ways of the County for any purpose.

(Ord. No. 2006-026, § 5, 4-12-2006)