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A. A cable franchise authorizes use of rights-of-way for installing, operating and maintaining cables, wires, lines, optical fiber, underground conduit and other devices necessary and appurtenant to the operation of a cable system to provide Cable Services within the County, but does not expressly or implicitly authorize a cable franchisee to provide service to, or install a cable system on private property without owner consent, or to use publicly or privately owned poles, ducts or conduits without a separate agreement with the owners.

B. A cable franchise shall not mean or include any exclusive right or authorization for the privilege of transacting and carrying on a business within the County as generally required by the ordinances and laws of the County. A cable franchise shall not confer any authority to provide Telecommunications Services or any other communications services besides Cable Services. A cable franchise shall not confer any implicit rights other than those mandated by federal, state or local law.

C. A cable franchise is nonexclusive and will not explicitly or implicitly: preclude the issuance of other cable franchises to operate cable systems within the County; affect the County's right to authorize use of rights-of-way by other persons to operate cable systems or for other purposes as it determines appropriate; or affect the County's right to itself construct, operate or maintain a cable system, with or without a cable franchise.

D. Once a cable franchise has been accepted and executed by the County and a cable franchisee, such cable franchise shall constitute a valid and enforceable agreement between the cable franchisee and the County, and the terms, conditions and provisions of such franchise, subject to this Chapter and all other duly enacted and applicable laws and regulations shall define the rights and obligations of the cable franchisee and the County relating to the cable franchise.

E. All privileges prescribed by a cable franchise shall be subordinate to any prior lawful occupancy of the rights-of-way and the County reserves the right to reasonably designate where a cable franchisee's facilities are to be placed within the rights-of-way through its generally applicable permit procedures.

F. A cable franchise shall be a privilege that is in the public trust and personal to the original cable franchisee. No cable franchise transfer shall occur without the prior written consent of the County upon application made by the cable franchisee pursuant to this Chapter and the cable franchise, which consent shall not be unreasonably withheld, and any purported cable franchise transfer made without application and prior written consent shall be void and shall be cause for the County to revoke the cable franchise.

(Ord. 2022-11s § 2, 2022; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)