36.04A.030 Franchise required.

It shall be unlawful for any person to construct, operate or maintain a cable system or provide cable service over a cable system within the county without a franchise granted by the county authorizing such activity; provided, that nothing herein shall preclude the county from itself constructing, operating or maintaining a cable system with or without a franchise. No person may be granted a franchise without having entered into a 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. Services similar to cable service, such as open video system 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 right-of-way is used or occupied. In no event shall a franchise be created unless it is issued by the county pursuant to this ordinance and subject to a written franchise agreement. (Sec. 2 of Ord. 1998-12-21)