Kings County Municipal Code Art. II The Franchise

(a) A franchise granted under the provisions of this chapter by the county shall permit constructing, operating and maintaining a system in the service area, including the right to erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the streets and public property, such lines, cables, fiber optics, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appropriate to the operation of the system.

(b) It shall be unlawful for any person to construct, install or operate a cable system in the county within any street or within any other right-of-way within the county without a properly granted franchise awarded pursuant to the provisions of this chapter, which franchise is in full force and effect. A violation of this section 12-3(b) shall be a misdemeanor punishable pursuant to the provisions of section 1-8 of this Code.

(c) In using any streets, public property or other public area or ways, and in addition to the construction and maintenance requirements of section 12-22, the grantee shall insure:

(1) That the safety, functioning and appearance of the street, public property or other public area or way will not be adversely affected by installation or construction of facilities necessary for the cable system;

(2) That the cost of the installation, construction, operation or removal of such facilities will be borne by the grantee or the subscriber, or a combination of both; and

(3) That the grantor will be justly compensated by the grantee for any damages to any of its streets, public property or other public areas or ways caused by the installation, construction, operation or removal of such facilities by the grantee.

(Ord. No. 543, § 2, 8-22-95)

(a) Term. A franchise granted hereunder shall be for a term established in the franchise agreement.

(b) Renewal. The county may establish by resolution a process for renewing any franchise, which process shall be subject to applicable law.

(Ord. No. 543, § 2, 8-22-95)

The franchise area shall include all areas as designated in the franchise agreement as the areas in which the grantee is authorized to provide cable service.

(Ord. No. 543, § 2, 8-22-95)

This chapter shall be construed in a manner consistent with all applicable federal and state laws. Whenever the FCC or public utilities commission ("PUC") of the state or any other federal or state agency shall now or hereafter exercise any paramount jurisdiction over any specific provisions of this chapter, such paramount jurisdiction shall preempt or preclude the exercise of like jurisdiction by the grantor only if the action by such jurisdiction specifically preempts the grantor's exercise of jurisdiction.

(Ord. No. 543, § 2, 8-22-95)

(a) The franchise shall not be sublet or assigned, nor shall any of the rights or privileges therein granted or authorized be leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except the grantee, either by act of the grantee or by operation of law, without the prior written consent of the grantor, which consent shall not be unreasonably withheld, provided the proposed assignee or transferee has established the information specified in subsection (c) of this section 12-7. Such consent shall not be required for (i) assignments or transfers between or among wholly-owned subsidiaries of the grantee or affiliates of the grantee which are controlled or wholly owned by the same parent, or (ii) assignments in trust, mortgage or other hypothecation, in whole or in part, to secure indebtedness. The granting of such consent shall not render unnecessary any subsequent consent. Upon the receipt of all reasonably necessary information requested by it, the grantor shall approve, disapprove or conditionally approve the request within a reasonable period of time, in accordance with applicable law. For any sublease, assignment, lease, sale or other transfer described in this subsection (a), including those for which consent is not required, within 30 days after the effective date of the sublease, assignment, lease, sale or other transfer the grantee shall file in the office of the clerk all documents reasonably necessary to evidence the transfer.

(b) The requirements of subsection (a), above, shall also apply to a transfer in the control of the grantee. The word "control" as used herein shall mean actual working control in whatever manner exercised.

(c) The transferee shall be required to establish that it possesses the legal, financial and technical qualifications to operate and maintain the system and comply with all franchise requirements for the remainder of the term of the franchise.

(d) Any financial institution having a pledge of the grantee or its assets for the advancement of money for the construction and/or operation of the cable system shall have the right to notify the grantor that it or its designee satisfactory to the grantor shall take control of and operate the cable system and assume all obligations of the franchise and the franchise agreement, in the event of a grantee default in its financial obligations. Within 30 days after assuming such control, the financial institution shall also submit to the grantor a plan for such operation that will insure continued cable service and compliance with all franchise requirements during the term the financial institution exercises control over the system.

(Ord. No. 543, § 2, 8-22-95)

All dwelling units within residential and commercial areas within the franchise area shall be provided with access to cable service from the system, subject to any line extension requirements in the franchise agreement.

(Ord. No. 543, § 2, 8-22-95)

Any franchise granted hereunder shall be non-exclusive. The grantor may grant at its sole option one or more franchises in accordance with applicable law. Nothing herein shall be construed to require the grantor to grant a franchise.

(Ord. No. 543, § 2, 8-22-95)

(a) There is hereby reserved to the grantor every right it may have in relation to its power of eminent domain over the grantee's franchise and property.

(b) Except as otherwise provided in the franchise agreement, neither the granting of any franchise nor any provisions thereof or of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power by the grantor.

(c) Any right or power in, or duty retained by or imposed upon, the grantor and assigned to a commission, department or board of the grantor, may be assigned or transferred by the grantor to any other commission, department or board of the grantor, with 30 days prior written notice to the grantee.

(d) The grantor shall have the right to inspect all construction or installation or other physical work performed by the grantee in connection with the franchise and to make such tests as the grantor shall find necessary to ensure compliance with the terms of the franchise and other pertinent provisions of law, so long as the inspection and testing does not unreasonably interfere with the grantee's operations.

(e) Consistent with applicable law, at the expiration of the term or any renewal term or extension for which the franchise is granted, or upon its lawful revocation, expiration, or termination, the grantor shall have the right to require the grantee to remove, at the grantee's expense, all portions of the system and any other property used or useful in the system from all streets, public property and other public areas and ways within the franchise area within a reasonable period of time not to exceed 360 days after the effective date of the revocation, expiration or termination, unless the county grants a longer period. In the event of such removal, the grantee shall promptly restore, at its own cost and expense, all streets, public property and other public areas and ways from which any portion of the system or such other property has been removed to a condition satisfactory to the director of public works.

(f) The grantor shall have the right to intervene in any suit, proceeding or other judicial or administrative proceeding to which the grantee is a party and in which the grantor has any material interest.

(g) The grantor shall have the right, upon reasonable notice, to inspect, obtain copies (except as provided below) of and audit on the grantee's local premises, at any time during normal business hours, all relevant information that is reasonably necessary for the exercise of the grantor's regulatory authority, and any grantee records kept at another place shall, upon reasonable notice, be made available at the grantee's premises within Kings County for the grantor's inspection or copying, so long as the inspection does not unreasonably interfere with the grantee's operations, and provided further that the grantor may copy the grantee's confidential trade secrets or proprietary information only when it is essential, in the grantor's sole discretion, to its regulatory function. The grantor shall pay all reasonable costs for copying any relevant information needed. The grantor shall maintain as confidential and shall not disclose any such information which the grantee has identified in writing as proprietary, to the extent permitted by law.

(h) The grantor shall have the right to amend any or all portions of this chapter (i) as necessary or appropriate to preserve public health or safety, or (ii) for any other reason so long as such amendment does not increase the material burdens nor diminish the rights of the grantee.

(Ord. No. 543, § 2, 8-22-95)