Chapter 13.76 CABLE FRANCHISES

The board may grant one or more cable television franchises containing such provisions as are reasonably necessary to protect the public interest, and each such cable television franchise shall be awarded in accordance with and subject to the provisions of Chapters 13.60 through 13.92 JCC. Chapters 13.60 through 13.92 JCC may be amended from time to time, and in no event shall Chapters 13.60 through 13.92 JCC be considered a contract between the county and a cable television franchisee such that the county would be prohibited from amending any provision hereof, provided no such amendment shall in any way impair any contract right or increase obligations of a cable television franchisee under an outstanding and effective cable television franchise, except in the lawful exercise of the county’s police power. [Ord. 2-00 § 1]

13.76.020 Cable television franchise required.

No person may construct, operate or maintain a cable system or provide cable service over a cable system within the county without a cable television franchise granted by the board authorizing such activity. No person may be granted a cable television franchise without having entered into a cable television franchise agreement with the board pursuant to Chapters 13.60 through 13.92 JCC. For the purpose of this provision, the operation of part or all of a cable television system within the county means the use or occupancy of rights-of-way by facilities used to provide cable service. To the extent permitted by law, a system used to provide telephone service also used to provide cable service shall be subject to Chapters 13.60 through 13.92 JCC and shall also require a cable television franchise. Services similar to cable service, such as, but not limited to, open video systems, shall also be subject to Chapters 13.60 through 13.92 JCC, and subject to substantially similar terms and conditions as those contained in franchise agreement(s) issued to cable operator(s) in the county with respect to franchise fee obligations, public, educational, and governmental access programming obligations, and all other franchise obligations to the extent provided by law. Conversion of a cable system to an open video system in accordance with applicable FCC regulations shall not alter or in any way limit enforceability of the franchise agreement authorizing the operation of such system. 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. All cable television franchises granted pursuant to Chapters 13.60 through 13.92 JCC 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 television franchisees. [Ord. 2-00 § 1]

13.76.030 Length of cable television franchise.

The term of a cable television franchise will be specified in the franchise agreement. No cable television franchise shall be granted for a period of more than 10 years. [Ord. 2-00 § 1]

13.76.040 Use granted.

(1) A cable television 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 television 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.

(2) A cable television franchise shall not mean or include any exclusive right 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 television franchise shall not confer any authority to provide telecommunications services or any other communications services besides cable services, and to the extent permitted by law, a separate franchise shall be required for the provision of telecommunications services in addition to the cable television franchise. A cable television franchise shall not confer any implicit rights other than those mandated by federal, state or local law.

(3) All cable television franchises issued by this county shall be nonexclusive and will not explicitly or implicitly preclude the issuance of other cable television 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 television franchise.

(4) Once a cable television franchise has been accepted and executed by the county and a cable television franchisee, such cable television franchise shall constitute a valid and enforceable agreement between the cable television franchisee and the county, and the terms, conditions and provisions of such cable television franchise, subject to Chapters 13.60 through 13.92 JCC and all other duly enacted and applicable laws and regulations, shall define the rights and obligations of the cable television franchisee and the county relating to the cable television franchise.

(5) All privileges prescribed by a cable television 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 television franchisee’s facilities are to be placed within the rights-of-way through its generally applicable permit procedures.

(6) A cable television franchise shall be a privilege that is in the public trust and personal to the original cable television franchisee. No cable television franchise transfer shall occur without the prior written consent of the board upon application made by the cable television franchisee pursuant to Chapters 13.60 through 13.92 JCC, the cable television franchise, and applicable law, which consent shall not be unreasonably withheld, and any purported cable television franchise transfer made without application and prior written consent shall be void and shall be cause for the county to revoke the cable television franchise.

(7) In addition to periodic meetings, the county may require reasonable evaluation sessions at any time during the term of a franchise. It is intended that such evaluations cover areas such as customer service, response to the community’s cable-related needs, and a franchisee’s performance under and compliance with the terms of a franchise.

(8) Report of Activities. A franchisee shall furnish, upon request, a report of its activities as appropriate. Such report shall include:

(a) Most recent annual report;

(b) A copy of the 10-K report, if required by the Securities and Exchange Commission;

(d) The number of customers with basic services;

(e) The number of customers with enhanced basic services;

(f) The number of customers with premium services;

(g) The number of customers with a la carte services;

(h) The number of customers with pay-per-view services;

(i) The number of hook-ups in period;

(j) The number of disconnects in period;

(k) Total number of miles of fiber optic cable and total numbers of miles of coaxial cable within Jefferson County;

(l) A summary of complaints received by category, length of time taken to resolve and action taken to provide resolution;

(m) Copies of all FCC complaint logs;

(n) A statement of its current billing practices and a sample copy of the bill format;

(o) A current copy of its customer service contract;

(p) Report on operations; such other reports with respect to its local operation, affairs, transactions or property that may be appropriate;

(q) If not held in fee ownership by franchisee, evidence of utility pole contract agreements with public or private owners of utility poles, ducts, or conduits utilized. [Ord. 2-00 § 1]

13.76.050 Application.

An applicant for a franchise either to construct or operate and maintain a cable communications system within the county shall file an application in a form prescribed by the county, accompanied by a nonrefundable filing fee in an amount determined by the county. [Ord. 2-00 § 1]

13.76.060 Franchise issuance.

Prior to the granting of a cable television franchise, the board of county commissioners shall conduct a public hearing to determine the following:

(1) Initial Franchise.

(a) That the public will be benefited by the granting of a franchise to the applicant;

(b) That the applicant has the requisite financial and technical resources and capabilities to build, operate and maintain a cable television system in the area;

(c) That the applicant has no conflicting interests, either financial or commercial, which will be contrary to the interests of the county;

(d) That the applicant will comply with all terms and conditions placed upon a franchisee by Chapters 13.60 through 13.92 JCC;

(e) That the applicant is capable of complying with all relevant federal, state, and local regulations, codes and standards pertaining to the construction, operation and maintenance of the cable television facilities and systems incorporated in its application for a franchise;

(f) That the public rights-of-way have the capacity to accommodate the cable television system;

(g) That the proposed franchise is consistent with the county’s present and future use of the public rights-of-way to be used by the cable television system;

(h) That the benefit to the public from the cable television system outweighs the potential disruption to existing users of the public rights-of-way to be used by the cable television system, and the resultant inconvenience which may occur to the public; and

(i) That all other conditions resulting from the grant of the franchise have been considered by the county and that the county determines that the grant is still in the public’s best interest.

(2) Renewal Franchise.

(a) That the franchisee has substantially complied with the material terms of the existing franchise;

(b) That the quality of the franchisee’s previous service including signal quality, response to consumer complaints, and billing practices, but without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in light of community needs;

(c) That a franchisee’s proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests;

(d) That a franchisee has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in a franchisee’s proposal;

(e) That such renewal is consistent with Section 626 of the Federal Cable Act. [Ord. 2-00 § 1]

13.76.070 Franchise renewal.

The provisions of Section 626 of the Act or other applicable federal or state law will govern the actions of the county and a franchisee in proceedings relating to franchise renewal. The county expressly reserves the right to establish guidelines and monitoring systems in accordance with the provisions of the Act to measure the effectiveness of a franchisee’s performance during the term of such franchise. [Ord. 2-00 § 1]

13.76.080 Acceptance.

(1) No franchise granted pursuant to the provisions of Chapters 13.60 through 13.92 JCC shall become effective unless and until the ordinance granting same has become effective.

(2) Within 60 days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the commissioners in their discretion may authorize, a franchisee shall file with the clerk of the board its written acceptance of the franchise, in a form satisfactory to the prosecuting attorney’s office, together with proof of the bond and insurance policies as required. [Ord. 2-00 § 1]

13.76.090 Rates.

Prior to implementation of any change in rates or charges for any service or equipment provided by a franchisee, a franchisee shall provide the county and all subscribers a minimum of 30 days’ prior written notice of such change. Subject to federal, state and local law, the county may regulate the approval of increases of rates or charges for providing cable service and prescribe reasonable rate approval procedures. [Ord. 2-00 § 1]

13.76.100 Customer service.

A franchisee shall comply with the customer service requirements of Section 632 of the Cable Communications Policy Act of 1984 (47 U.S.C. Section 552), as amended by the Cable Television Consumer Protection and Competition Act of 1992, and all applicable standards and regulations adopted by the Federal Communications Commission (FCC) pursuant thereto.

The county reserves the right to enact or enforce any customer protection law, containing more stringent standards, to the extent not specifically preempted by the FCC in 47 CFR 76.309. [Ord. 2-00 § 1]

13.76.110 Failure to improve customer service.

The county or its designee shall review telephone response and customer service information with a franchisee. It will be assumed that improvements will be made by a franchisee in the areas of noncompliance from the last reporting period. Failure to do so may result in the calling of a public hearing by the county commissioners for the purpose of examining the reasons, if any, why such improvements were not achieved by a franchisee. Further action may be taken in accordance with FCC violation procedures.

An unsatisfactory record will also result in the hearings being made part of an exhibit under Section 626(c)(1)(A) and (B) of the Act, alleging that such practices have failed to conform with future refranchising requirements as stated therein. In addition a franchisee’s corporate office, in all instances, shall be advised of the county’s findings. [Ord. 2-00 § 1]

13.76.120 Coverage.

A franchisee shall provide cable television service in the entire franchise area except that it is not required to furnish cable to those areas having cable television service provided by another franchisee. If full coverage does not now exist, a franchisee shall complete such wiring and be in a position to offer cable reception to all residents within 12 months from the grant of the franchise subject to extraordinary installation, JCC 13.76.300.

In those areas which are adjacent to an unbuilt area, the franchisee with the nearest trunk and/or distribution line will be responsible to furnish cable service subject to the same conditions. [Ord. 2-00 § 1]

13.76.130 Refunds for outages.

After notification from a subscriber of an outage, franchisee will credit the subscriber’s account if the subscriber was without service for a period exceeding 24 hours provided franchisee is notified by the subscriber within 30 days. [Ord. 2-00 § 1]

13.76.140 Construction notification.

At least 15 days prior to the intended construction, a franchisee shall inform all residents in the affected area that a construction project will commence, the dates and nature of the project, and a toll-free telephone number which the subscriber may call for further information. A preprinted door hanger may be used for this purpose.

(1) Notice of Entry on Private Property. At least 24 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform new plant construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted upon the affected property. A franchisee shall make a good faith effort to comply with the property owner/resident’s preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices.

(2) Emergency Repairs. Notice requirements of subsection (1) of this section are suspended for purposes of entry upon private property to perform repairs at the subscriber’s request or in the event of system outage repairs or other emergencies in which insufficient time is available to provide notice to subscribers.

(3) Restoration of Property. After performance of work, franchisee shall restore private property as nearly as possible to its condition prior to construction. Any disturbance of landscaping, fencing, or other improvements on private property shall, at the sole expense of a franchisee, be promptly repaired and restored (including replacement of such items as shrubbery and fencing) to the reasonable satisfaction of the property owner.

(4) The laying, construction, operation and maintenance of the operator cable television lines and facilities authorized by the franchise shall not preclude the county of Jefferson, its agents or its contractors from blasting, grading, excavating, or doing other necessary road work contiguous to the said lines and facilities of the operator providing that the operator shall be given 48 hours’ notice of said blasting or other work in order that the operator may protect cable television lines and facilities. [Ord. 2-00 § 1]

13.76.150 Maintenance requirements.

A franchisee, in accordance with applicable national, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public. All structures and all lines, equipment and connections in, over, under, and upon the public rights-of-way or places of a franchise area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair.

The county reserves the general right to see that the system of a franchisee is constructed and maintained in a safe condition. [Ord. 2-00 § 1]

13.76.160 Building moving.

Whenever any person shall have obtained permission from the county to use any street for the purpose of moving any building, a franchisee, upon 14 days’ written notice from the county, shall raise or remove, at the expense of the person desiring to move the building, any of a franchisee’s wires which may obstruct the removal of such building; provided, that the moving of such building shall be done in accordance with regulations and general ordinances of the county. It is further provided that the person or persons moving such building shall indemnify and save harmless said franchisee of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly for such temporary arrangement of the lines and poles of a franchisee, and that franchisee shall have the right to require payment in advance. [Ord. 2-00 § 1]

13.76.170 Tree trimming.

Upon prior approval of the county except in the case of emergencies and in accordance with all county rules, regulations, ordinances, policies and standards, franchisee shall have the authority, at its expense, to trim trees upon and overhanging streets, public rights-of-way and places in the franchise area so as to prevent the branches of such trees from coming in contact with the wires and cables of a franchisee. A franchisee shall be responsible for debris removal from such activities. [Ord. 2-00 § 1]

13.76.180 Public buildings.

A franchisee shall furnish a cable outlet and converter, if required, for the reception of basic service at county buildings without charge including public school district buildings specified in individual franchises; provided however, that this requirement may be waived by the county if any such location, now or hereafter is not within 500 feet of any existing cable distribution facilities. For the purposes of this section, public housing facilities are not considered county buildings. [Ord. 2-00 § 1]

13.76.190 Emergency override.

The franchisee shall be in compliance with all federal Emergency Alert System (EAS) requirements by no later than the date mandated by FCC regulations. [Ord. 2-00 § 1]

13.76.200 Record inspection.

(1) Retention Periods. A franchisee shall establish, keep, and maintain books, accounts, papers, maps, and other records as is reasonably necessary to ensure compliance with the terms of Chapters 13.60 through 13.92 JCC and its franchise. Such records shall include, but shall not be limited to, any public records required to be kept by a franchisee pursuant to the rules and regulations of the FCC, and shall be maintained for a period in accordance with the following schedule:

(a) Over Term of Franchise. Ordinance granting franchise, amendments to the franchise, franchise applications and related materials, construction maps, documents filed or presented to the county or county commissioners, and records relating to bonds or other security;

(b) Seven Years. Financial information, including, but not limited to, annual reports of a franchisee, franchise fee reports, records of gross receipts, receipts, and income; and

(2) Inspection of Records. A franchisee shall agree that the county, upon reasonable notice to a franchisee, may review such of its books and records at a franchisee’s business offices, during normal business hours and on a nondisruptive basis, to ensure compliance with the terms of Chapters 13.60 through 13.92 JCC and its franchise. Notwithstanding anything to the contrary set forth herein, a franchisee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature. The county agrees to treat any information disclosed by a franchisee as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof. A franchisee shall not be required to provide subscriber information in violation of Section 631 of the Cable Act.

If any such books or records are ordinarily kept outside Jefferson County, or if on request, are not made available for inspection within the county, then all reasonable travel and subsistence expense necessarily incurred by the county in making such an examination shall be paid by a franchisee.

(3) Confidentiality. County shall maintain the confidentiality of any trade secrets or other proprietary information of a franchisee in the possession of the county, to the extent permitted by law. In order to allow the franchisee to seek court protection from disclosure, the county will immediately notify the franchisee of any public record request for franchise-related information received under Chapter 42.17 RCW, the Washington Public Records Act. [Ord. 2-00 § 1]

13.76.210 Periodic meetings.

Upon request, a franchisee shall meet with designated county officials and/or designated representative(s) to review the performance of a franchisee for the preceding period. The subjects may include, but are not limited to, those items covered in the periodic reports and performance tests. [Ord. 2-00 § 1]

13.76.220 Evaluations and reports.

(1) In addition to periodic meetings, the county may require reasonable evaluation sessions at any time during the term of a franchise. It is intended that such evaluations cover areas such as customer service, response to the community’s cable-related needs, and a franchisee’s performance under and compliance with the terms of a franchise.

(2) The franchisee shall furnish, upon request, a report of its activities as appropriate. Such report shall include:

(a) Most recent annual report;

(b) A copy of the 10-K report, if required by the Securities and Exchange Commission;

(d) The number of subscribers with basic services;

(e) The number of subscribers with expanded basic services;

(f) The number of subscribers with premium services;

(g) The number of pay-per-view purchases;

(h) The number of hook-ups in the period;

(i) The number of disconnects in the period;

(j) Total number of miles of cable in the county;

(k) Statistical data that will allow the county to ascertain the number of complaints received by category, length of time taken to resolve and action taken to provide resolution;

(l) Copies of all FCC complaint logs;

(m) A statement of its current billing practices, and a sample copy of the bill format;

(n) A current copy of its subscriber service contract;

(o) A current copy of its cable rate sheet delivered to subscribers;

(p) Report on operations; such other reports with respect to its local operation, affairs, transactions or property that may be appropriate. [Ord. 2-00 § 1]

13.76.230 Interconnection.

The county may request a franchisee to interconnect PEG access channels of a cable television system with any and all other contiguous and compatible cable systems. Interconnection of a system may be accomplished by direct cable connection, microwave link, or other technically feasible method.

Franchisees shall immediately initiate negotiations with other affected system(s), and shall report to the county the results of such negotiations no later than 60 days after such initiation.

Franchisee may be granted additional reasonable extensions of time to interconnect, or the county may rescind its request to interconnect upon petition of a franchisee, if the county finds that a franchisee has negotiated in good faith and has failed to obtain approval from the system(s) of the proposed interconnection, or that the cost of interconnection would cause an unreasonable financial burden as determined by the county upon a franchisee and/or its subscribers. The costs of any required PEG interconnect shall be shared between the participating cable television franchisees on a pro rata basis, proportionate to the number of subscribers served, and may be passed on through to subscribers pursuant to FCC rules. [Ord. 2-00 § 1]

13.76.240 Internet accessibility.

When permitted by federal and state law, franchisee shall make available that portion of the broadband network to allow other Internet service providers access to such space. [Ord. 2-00 § 1]

13.76.250 Institutional networks (I-nets).

The county may request that a franchisee provide an institutional network (I-net). Alternatively, a franchisee may submit a proposal for provisions of modems and unlimited access, without cost, to the Internet system to accomplish these ends. An entity desiring use of such will provide the board demonstrated need of such use.

Prior to implementation of any I-net service a public hearing shall be convened by the board, to discuss the benefits and associated costs to the residents of the county of constructing said I-net. The county may require the implementation of such features in accord with the provisions of this agreement. Upon a finding by the board that an I-net is reasonably required to meet community needs, taking into consideration the expense of providing such services and the potential costs to subscribers. [Ord. 2-00 § 1]

13.76.260 Access and institutional network equipment.

A franchisee may be required to pay for the purchase or augmentation of broadcast equipment for PEG access and I-net cablecasting. These expenditures will be pro-rated by the county based upon the number of subscribers to each system. [Ord. 2-00 § 1]

13.76.270 Parental control devices.

A franchisee will make available at the cost formula provided by the FCC a device by which the subscriber can prohibit viewing of a particular cable service during periods selected by that subscriber. [Ord. 2-00 § 1]

13.76.280 Technical standards.

(1) Subject to federal, state and local law, a franchisee shall comply with FCC rules, Part 76, Subpart K, Section 76.601 through 76.610 as may be amended, or any more restrictive standards that may be promulgated by the NCTA hereafter, and shall also comply with the following:

(a) Applicable county, state and national/ federal codes and ordinances;

(b) Applicable utility joint attachment practices;

(d) Local utility code requirements; and

(e) Local rights-of-way procedures.

(2) Preventive Maintenance. A comprehensive routine preventive maintenance program shall be developed, effected, and maintained to ensure continued top quality cable communications operating standards in conformance with FCC Regulations Part 76 or as may be amended.

The franchisee shall notify the county prior to the date of the semi-annual FCC proof of performance test so that the county, as is its right under the pertinent FCC regulations, may, at its option, monitor the taking of such tests. The franchisee shall upon request provide a copy of the results of the system evaluation to the county at the same time as submission to the FCC. Such monitoring shall be at the expense of the franchising authority. [Ord. 2-00 § 1]

13.76.290 Penalties.

The county shall notify a franchisee in writing stating the nature of an alleged deficiency in the operation of the cable system or violation of the terms of the franchise and setting forth the time limits for curing such alleged improper condition. A franchisee may request an extension of time if certain circumstances, which are reasonably beyond the control of a franchisee, delay corrective action. For instance, if construction is suspended or delayed by the county, or if unusual weather, acts of God (e.g. earthquakes, floods, etc.), or extraordinary acts of third parties occur. In such circumstances, the additional amount of time allowed will be mutually determined by the county and franchisee.

Failure of a franchisee to correct deficiencies may result in the county calling a hearing to determine if a material violation of the franchise has occurred.

If, following such hearing, it is determined by the board that a franchisee has failed to comply with the terms of the franchise, the board may impose penalties of up to $500.00 per day or per instance (depending on the violation), may revoke the franchise, and/or invoke any other available remedy at law or in equity. [Ord. 2-00 § 1]

13.76.300 Extraordinary installation.

(1) Drop Line Costs. All persons requesting cable service to a residence located within 300 feet of existing cable distribution lines shall have the cable installed at the prevailing published installation rate.

In the event a request is made for service to a residence located more than 300 feet from an existing cable distribution line, such installation shall be completed on a time and material cost basis for that portion of the service line extending beyond 300 feet.

(2) Distribution Line Costs. Cable service shall be available to all residents within the county provided there are at least 32 dwelling units per street mile as measured from the nearest distribution line.

In the event a request is made for service to a residence in an area not meeting minimal dwelling unit density criteria as described above, a franchisee shall notify the potential subscriber of the option of partial reimbursement for line extension charges. Whenever any subsequent subscriber who did not contribute to the original cost of the extension connects to the extended distribution service line, that subscriber shall pay his/her pro rata share directly to a franchisee prior to obtaining cable service. A franchisee shall then promptly tender such payment to the original subscriber; provided, that an agreement for pro rata reimbursement of the extension charges exists between the original subscriber and the franchisee and the agreement remains in force.

Reimbursement shall be calculated on a front foot basis as a percentage of the total cost of the service line extension. Reimbursements shall be made to the original subscriber for a period of at least one year or to the point when a franchisee has recovered its incremental costs to construct the distribution service line. [Ord. 2-00 § 1]

13.76.310 Continuity of service.

It shall be the right of all subscribers to continue receiving service so long as their financial and other obligations to a franchisee are fulfilled.

(1) In this regard a franchisee shall act so far as it is within its control to ensure that all subscribers receive continuous uninterrupted service during the term of the franchise.

(2) Unless there is just cause such as an act of God or other circumstances reasonably beyond a franchisee’s control if a franchisee fails to operate a system for 72 continuous hours without approval of the administrator, the county may, after notice to the franchisee, at the county’s option, operate the system or designate someone to operate the system until such time as a franchisee provides assurances that it will restore service to conditions acceptable to the board. If the county elects to fulfill this obligation for a franchisee, the franchisee shall reimburse the county for all reasonable costs or damages that are the result of a franchisee’s failure to perform. [Ord. 2-00 § 1]

13.76.320 Termination of subscriber services.

Upon termination of individual subscriber services, a franchisee shall promptly remove all of its facilities and equipment, excepting drop cable and internal wiring, from the premises of such subscriber upon subscriber’s request, except as provided in subsection (2) of this section.

(1) Charges upon Failure to Recover Equipment. Upon termination of services, should a franchisee not promptly collect its equipment from the premises of the subscriber within five working days, the subscriber shall not be charged for continued services, nor for failure to return any equipment, provided the equipment is returned.

(2) Equipment Returns. Should a franchisee require the subscriber to return the equipment, a franchisee shall establish convenient hours including evening and weekend hours, for return of the equipment, and the subscriber shall have a reasonable length of time in which to return the equipment. The subscriber shall be advised of the date by which the equipment must be returned before a charge may be imposed for failure to return equipment. [Ord. 2-00 § 1]

13.76.330 External franchising costs.

A franchisee shall have the authority to pass through such external costs as allowed under 47 CFR 76.922. However, the county reserves the right to review and approve certain specific features and/or services delineated in a franchise agreement prior to the implementation of such items and the pass through of any associated costs pertaining thereto. [Ord. 2-00 § 1]

13.76.340 Cable television franchisee subject to other laws, police powers.

(1) A cable television franchisee shall at all times be subject to and shall comply with all applicable federal, state and local laws and regulations, including Chapters 13.60 through 13.92 JCC. A cable television franchisee shall at all times be subject to all lawful exercise of the police power of the county including, but not limited to, all rights the county may have under the Cable Acts, all powers regarding zoning, supervision of construction, control of rights-of-way and consumer protection.

(2) The county shall have full authority to regulate cable systems, cable television franchisees and cable television franchises as may now or hereafter be lawfully permissible. [Ord. 2-00 § 1]

13.76.350 Interpretation of cable television franchise agreement terms.

(1) In the event of a conflict between Chapters 13.60 through 13.92 JCC and a cable television franchise agreement, the provisions of the cable television franchise agreement shall control.

(2) The provisions of Chapters 13.60 through 13.92 JCC and a cable television franchise agreement will be in accordance with generally accepted rules of construction to promote the public interest. [Ord. 2-00 § 1]

13.76.360 Operation of a cable system without a cable television franchise.

Any person who occupies rights-of-way for the purpose of operating or constructing a cable system or provides cable service over a cable system and who does not hold a valid cable television franchise from the board shall be subject to all requirements of Chapters 13.60 through 13.92 JCC, including but not limited to JCC 13.80.070. [Ord. 2-00 § 1]

13.76.370 Eminent domain.

Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the county’s power of eminent domain. [Ord. 2-00 § 1]

13.76.380 Exclusive contracts and anticompetitive acts prohibited.

(1) Unless otherwise permitted by law, no cable television franchisee or other multichannel video programming distributor shall enter into or enforce an exclusive contract for the provision of cable service or other multichannel video programming with any person, or demand the exclusive right to serve a person or location, as a condition of extending service to that person or location.

(2) Unless otherwise permitted by law, no cable television franchisee or other multichannel video programming distributor shall engage in acts that have the purpose or effect of limiting competition for the provision of cable service or services similar to cable service in the county. [Ord. 2-00 § 1]

13.76.390 Cable television franchise fees.

(1) Cable television franchisees shall be subject to the cable television franchise fees, payments and costs provided in their cable television franchise and herein. For purpose of cable television franchise fees, “gross revenues” shall mean all revenue derived directly or indirectly by the grantee, its affiliates, subsidiaries, parent and/or any person in which the grantee has a financial interest, from providing cable television services within Jefferson County, including, but not limited to, basic subscriber service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, and advertising revenues; provided, however, that this shall not include any taxes but not fees on services furnished by the grantee which are imposed directly upon any subscriber or user by the state of Washington, local or other governmental unit and collected by the grantee on behalf of said governmental unit.

(2) Payment. A franchisee shall make payment to the county on a quarterly basis on or before the thirtieth day of each January, April, July and October, in a sum equal to five percent or greater of the franchisee’s gross revenues as defined herein from the operation of the cable system.

(3) In Addition to Other Fees and Taxes. The franchise fee required in this section is in addition to taxes and fees generally applied to other utilities or businesses, contributions to pubic, educational and government (PEG), institutional networks, hook-ups to public buildings and similar goods and services, and/or the cost of bonds, security funds, letters of credit or any other costs incidental to the award or enforcement of the franchise.

(4) Payment of Propositional Franchising Costs. In the event of one or more franchises being granted, Jefferson County may require that such subsequent franchisees pay to the county an amount proportionally equal to franchising costs contributed by the initial franchisee. These costs may include but are not limited to such features as PEG access equipment and facilities, contributions to any PEG access fund, institutional network costs, and bi-directional or equivalent cable installed to municipal buildings or institutions and similar expenses. On the anniversary of the grant of each later awarded franchise, such franchisees shall pay to the county a sum proportional to the amount contributed by the original franchisee, based upon the number of customers served by such franchisees.

(5) Provision of PEG Access Channels and Emergency Override System. Additional franchisees shall provide all PEG access channel(s) and the emergency override system currently available to the customers of existing franchisees. In order to provide these access channels, additional franchisees may be required to interconnect, at their cost, with existing franchisees’ cable systems, subject to any reasonable terms and conditions that the franchisee providing the interconnection may require. These interconnection agreements shall be made directly between the franchisees. [Ord. 2-00 § 1]