No person may construct, operate or maintain a cable system or provide Cable Service over a cable system within the County without a cable franchise granted by the County authorizing such activity. No person may be granted a cable franchise without having entered into a cable franchise agreement with the County pursuant to this Chapter. For the purpose of this provision, the operation of part or all of a cable system within the County means the use or occupancy of rights-of-way by facilities used to provide Cable Service.

Telecommunications Facilities used to provide telephone services which are also used to provide Cable Service shall be subject to this Chapter and shall also require a cable franchise. Use of such facilities to provide services similar to Cable Service, such as Open Video Service, shall be subject to this Chapter to the extent provided by law. A system shall not be deemed as operating within the County even though service is offered or rendered to one or more subscribers within the County, if no rights-of-way by facilities used to provide Cable Service are used or occupied. All cable franchises granted pursuant to this Article shall contain substantially similar terms and conditions, which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other cable franchisees.