§ 30-6. Rights and regulations under this chapter.

(a)

The right is hereby reserved to the county to adopt, in addition to the provisions contained in this chapter and in existing applicable agreements, such additional regulations 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 terms and conditions of the franchise and the rights granted in this chapter.

(b)

Nothing in this chapter or the franchise shall limit any right the county may have to acquire by eminent domain or otherwise any property of the franchisee; provided, however, that any such acquisition shall be for a price that values the franchisee's property as allowed by law. Nothing in this chapter shall limit the franchisee's rights, as provided by law, to challenge the exercise of any such eminent domain rights of the county.

(c)

Nothing in this chapter shall be in hindrance to the right of the county or any governmental authority to perform or carry on, directly or indirectly, any public works or public improvements of any description. Should the system in any way interfere with the construction, maintenance or repair of such public works or public improvements, the franchisee shall, at its own cost and expense, protect or relocate its system, or part thereof, as reasonably directed by the county officials or any governmental authority.

(d)

No course of dealing between the franchisee and the county nor any delay on the part of the county in exercising any rights hereunder shall operate as a waiver of any such rights of the county or the franchisee or acquiescence in the actions of the county or the franchisee in contravention of rights, except to the extent expressly waived by the county or expressly provided for in the franchise.

(e)

The county shall have the right, during the life of this chapter, to install and maintain free of charge upon the poles of the franchisee all wire and pole fixtures necessary for a police alarm system, or traffic control system on the condition that such wire and pole fixtures do not interfere with the present and future system operation of the franchisee.

(f)

The county shall exercise appropriate regulatory authority under the provisions of this chapter and applicable law. This authority shall be vested in the board and administered through the county manager. The county manager shall provide day-to-day administration and enforcement of the provisions of this chapter and any franchise granted hereunder, and shall carry out the county's responsibilities with regard to cable communications.

(g)

At all times during the term of the franchise, the franchisee shall comply with all laws, rules or regulations enacted pursuant to the lawful regulatory powers of the state or federal governments, including their regulatory agencies or commissions which are applicable or may be applicable hereafter to the construction and operation of the system.

(h)

The county shall have the right to inspect at the franchisee's business office the records, reports, gross revenue statements, maps, plans and other like materials of the franchisee at any time during normal business hours where such materials are related to this chapter or any franchise granted under this chapter. County employees with access to these records will not disclose any proprietary information of the franchise holder to any other entity since irreparable harm could result to franchisee's business if such information were disclosed. At all reasonable times, the franchisee shall permit examination by any duly authorized representative of the county, of system facilities, together with any appurtenant property of the franchisee situated within the county to determine compliance with this chapter and the franchise.

(i)

The county reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the system, the franchise and the franchisee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the county without the approval of the franchisee, the county may engage in any such additional regulation as may then be permissible, whether or not contemplated by this chapter or the franchise, including without limitation, regulation regarding franchise fees, taxes, programming, rates charged to subscribers and users, consumer protection, or any other similar or dissimilar matter. The county agrees to meet and confer with the franchisee prior to enacting new regulatory ordinances or codes; however, the county, to the extent provided by law, may enact additional regulatory ordinances or codes and law enforcement regulations. However, nothing in this chapter shall be deemed to waive any rights the franchisee may have under applicable law to contest the county's exercise of such regulatory authority or to require the county to negotiate with the franchisee regarding the exercise of such authority.

(j)

The county shall have the right of intervention in any suit or proceeding to which the franchisee is party, and the franchisee shall not oppose such intervention by the county, if said suit relates to this chapter or the franchise. The county shall pay its own attorney's fees and cost of intervention.

(k)

The county shall have the right during normal business hours to inspect all cable facilities or installation work performed subject to the provisions of the franchise, and to make such tests as it shall find necessary to ensure compliance with the terms of this chapter and other pertinent provisions of the law. The inspection of facilities and installation work and tests shall be conducted no more than four times annually.

(l)

The county shall have the following rights of regulatory authority:

(1)

Administration and enforcement of the provisions of this chapter and any franchise granted hereunder;

(2)

Award, renewal, extension or termination of a franchise pursuant to the provisions of this chapter, the franchise, and other applicable law;

(3)

Consent prior to sale or transfer of any franchise granted hereunder;

(4)

Performance evaluation;

(5)

Receive and investigate complaints regarding substandard service and to initiate any action necessary pursuant to this chapter or the franchise or any applicable law or regulation to correct the service deficiencies;

(6)

Rate regulation, if applicable.

(m)

The county also reserves the right to perform the following regulatory functions:

(1)

Develop objectives and coordinate activities related to the operation of government channel(s);

(2)

Approve procedures and standards for government and educational access channels, operations and services, including the use of dedicated channels and sharing of public facilities;

(3)

Analyze the possibility of integrating cable communications with city, state or regional telecommunications networks;

(4)

Formulate and recommend a long-range telecommunications policy for the county, and determine the future cable-related needs and interests of the community;

(5)

Provide the administrative effort necessary for the conduct of performance evaluations, and any other activities required for the administration of this chapter or the franchise;

(6)

Monitor the franchisee's process for handling citizen complaints and periodically inspect and analyze the records related to such complaints;

(7)

Receive applications for rate increases, if applicable, and provide staff assistance in the analysis and recommendations thereto;

(8)

Monitor the franchisee's adherence to operational standards, service requirements and line extension policies;

(9)

Assure compliance with applicable laws, codes and ordinances;

(10)

Arrange tests and analysis of equipment and performance as needed to ensure compliance with this chapter and the franchise;

(11)

Assure continuity in service;

(12)

Receive for examination all data and reports required by this chapter or the franchise;

(13)

Represent the county's interest before local, state or federal government agencies in cable communications matters;

(14)

Such other regulatory authority as appropriate to carry out the intent of this chapter or the franchise.

(Code 1979, § 7-104; Ord. No. 98-45, § 6, 8-18-98)