Chapter 5.12 CABLE TELEVISION FRANCHISE

Anyone desiring to secure a franchise to provide cable television services within Skamania County shall file with the county auditor an “Application for Franchise” in the form provided by the Exhibit “A”, attached to the ordinance codified in this chapter, which by this reference is incorporated herein. Such application shall be accompanied by applicant’s financial statement prepared by a certified public accountant, including a current balance sheet, said statement and balance sheet not being more than ninety days old. Incorporated into the application shall be a list of all owners, including shareholders of any corporation holding one percent or more interest in the corporation or partnership. The application shall also include a general plan for the construction of the cable television service showing where and in what order applicant proposes to construct the facilities and provide such service, and shall provide a timetable for such construction and service. The applicant shall warrant that if a franchise is issued by the board of county commissioners the applicant will comply with all provisions of this chapter. (Ord. 1982-04 § 1)

5.12.015 Franchise area.

A franchise once granted to any applicant shall be good county-wide and the holder of such franchise, hereinafter referred to as “the company,” may construct or acquire, or otherwise provide television cable services throughout county-owned rights-of- way within Skamania County; provided, said holder abides by all of the terms and conditions of the cable television franchise ordinance codified in this chapter. (Ord. 1994-11 (part); Ord. 1987-11 § 1)

5.12.020 Application fee.

Any application for a franchise under this chapter shall be accompanied by a fee of one hundred fifty dollars, which shall be used to defray the cost of reviewing such application. The amount of this fee may change from time to time, depending on actual cost as resolved by the board of county commissioners. (Ord. 1982-04 § 2)

5.12.025 Franchise fees.

The franchise holder shall pay to the county such fees as are allowed by federal or state laws and set by the county in accordance with such schedules as the county shall set. (Ord. 1994-11 (part))

5.12.030 Nonexclusivity—Award criteria.

In awarding a franchise, all franchises shall be nonexclusive but shall be awarded according to the following:

A. In making any determination hereunder as to any application for a new or renewing franchise, the board of county commissioners may give due consideration to the quality of the service proposed, rates to subscriber, experience, character, background and financial responsibility of any applicant, its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and physical requirements, and to abide by policy conditions, franchise limitations and requirements, and any other considerations deemed pertinent by the board of county commissioners for safeguarding the interest of the consumer.

B. The board of county commissioners may reject any and all applications and may, if it so desires, request new and/or additional proposals. (Ord. 1982-04 § 3)

5.12.040 Acceptance—Term.

The rights, privileges, authority granted by a franchise resolution shall take effect and be in force from and after final passage thereof, as provided by law, and shall continue in force and effect for such term set forth in the franchise agreement, provided that within fourteen days after the date of final passage of the franchise resolution the applicant shall file with the board of county commissioners its unconditional acceptance of the franchise and promise to comply with and abide by all its provisions, terms and conditions. Such an acceptance and promise shall be in writing, duly executed and sworn to by or on behalf of the applicant company before a notary public or other officer authorized by law to administer oaths. (Ord. 1994-11 (part); Ord. 1982-04 § 4)

5.12.050 Required.

No CATV (cable television) system shall be allowed to occupy or use the roads, streets, or right-of-ways of the county without a CATV franchise. (Ord. 1982-04 § 5)

5.12.060 County use of company poles.

The county shall have the right, during the life of a franchise, to install and maintain, free of charge, upon the poles of the company, any wire and pole fixtures that do not unreasonably interfere with the CATV operations of the company. (Ord. 1982-04 § 6)

5.12.070 Publication and other costs.

Costs to be borne by the company, in addition to the initial application reviewing cost under Section 5.12.020, shall include, but shall not be limited to, all costs of publications of notices prior to any public hearing provided for pursuant to this chapter and all other publications required by law, and any other costs incurred by the county in its evaluation of any franchisee pursuant to this chapter. (Ord. 1982-04 § 7)

5.12.080 Company-county communications.

All notices from the company to the county, pursuant to a franchise, shall be to the CATV systems board established under Section 5.12.290, unless otherwise provided. The company shall maintain with the county, throughout the term of this franchise, an address for service of notices by mail. It shall also maintain within the county, a local office and telephone number for the conduct of matters related to a franchise during normal business hours. (Ord. 1982-04 § 8)

5.12.090 Performance bond.

A. Within thirty days after the award of a franchise, the company shall file with the county a performance bond, in an amount as set forth in the franchise agreement, in favor of the county. This bond shall be approved by the prosecuting attorney and shall be maintained throughout the construction of the entire system or until such time as the board of county commissioners may require.

B. In the event the company fails to comply with any law, ordinance or regulation governing the franchise, or fails to well and truly observe, fulfill and perform each term and condition of the franchise, including the company’s proposal, which by reference shall be incorporated into the franchise agreement, there shall be recoverable, jointly and severally, from the principal and surety of the bond, any damages or losses suffered by the county as a result, including the full amount of any compensation, indemnification, or costs of removal or abandonment of the company, plus a reasonable allowance for attorney’s fees, up to the full amount of the bond.

C. The bond shall contain the following endorsement:

It is hereby understood and agreed that this bond shall not be cancelled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after receipt by the Board of County Commissioners, by certified mail, of a written notice of such intent to cancel or not to renew.

(Ord. 1994-11 (part); Ord. 1982-04 § 9)

5.12.100 Liability insurance.

A. The company shall maintain, throughout the term of the franchise, liability insurance, naming the county as an additional insured, as well as the CATV systems board, in the minimum amount of:

1. Two hundred thousand dollars for property damage to any one person;

2. Four hundred thousand dollars for property damage in any one accident;

3. Two hundred thousand dollars for personal bodily injury to any one person; and

4. Four hundred thousand dollars aggregate per single accident or occurrence.

B. The figures set out in subsection A of this section shall be increased, when required, by the board of county commissioners, to compensate for inflation. (Ord. 1982-04 § 10)

5.12.110 Indemnification of county.

The company shall, at its sole cost and expense, indemnify, defend, and hold harmless, the county, its officers, agents and employees, and the CATV systems board, against any and all claims, suits, actions, liability and judgments for damages, including legal fees incurred, in connection with any activity of the company resulting from the granting of the franchise. (Ord. 1994-11 (part); Ord. 1982-04 § 11)

5.12.120 Nondiscrimination.

A. The holder of this franchise shall provide uniform and equal service to all recipients of CATV services by the franchise holder.

B. The company shall strictly adhere to the equal employment opportunity requirements of the FCC, state statutes, and local regulations, as amended from time to time. (Ord. 1982-04 § 12 (A, B))

5.12.130 Privacy of subscribers.

A. No signals transmitted from a subscriber terminal shall be monitored by the company in order to determine patterns or practices without the express written permission of the subscriber. The request for such permission shall be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provision. Such written permission shall be for a limited period of time, not to exceed one year, which shall be renewable at the option of the subscriber. No penalty shall be invoked for a subscriber’s failure to provide or renew such an authorization. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever. The preceding statements shall be in any and all authorization forms. Such authorization is required for each type or classification of cable television activity planned; provided, however, that the company shall be entitled to conduct system-wide or individually addressed “sweeps” for the purpose of verifying system integrity, controlling return path transmission, or billing for pay services.

B. The company, or any of its agents or employees, shall not sell, or otherwise make available to any party:

1. Lists of the names and addresses of subscribers; or

2. Any list which identifies the viewing habits of individual subscribers.

C. This section does not prohibit the company from providing composite ratings of subscriber viewing to any party. (Ord. 1982-04 § 12 (C, D))

5.12.140 Service availability—Request records.

Pursuant to the provisions set forth by this chapter and the line extension policy for standard installation and isolated areas as set forth in the franchise document, the company shall provide cable television service throughout the entire franchise area and shall keep a record for at least three years of all requests for service received by the company, and shall receipt the applicant with a dated acknowledgement of such request and proposed time of service. This record shall be available for public inspection at the local office of the company during regular office hours. (Ord. 1994-11 (part); Ord. 1982-04 § 14)

5.12.150 Interference with persons and improvements.

The company’s system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons, or interfere with any improvements the county or state may deem proper to make, or unnecessarily hinder or obstruct the free use of the roads, alleys, bridges, easements or public property. (Ord. 1982-04 § 15(A))

5.12.160 Minimum interference with public ways.

All transmission and distribution structures, lines and equipment, erected by the company within the county, shall be so located as to cause minimum interference with the proper use of roads, alleys, and other public ways and places, and as to cause minimum interference with the rights or reasonable convenience of property owners who are adjacent to any of the roads, alleys or other public ways and places. (Ord. 1982-04 § 15(B))

5.12.170 Undergrounding of distribution facilities.

Underground placement of cable is the preferred method of distribution and shall be required in all areas currently receiving underground telephone and electric service. If the telephone or electric wires are placed underground in the future, the cable company must also place its wires underground. Should the county require that all utility wires be underground, the company shall be required to place its facilities underground pursuant to the same time and construction schedule adopted for other utilities. (Ord. 1982-04 § 14 (C))

5.12.180 Restoration of surfacing to prior condition.

In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the company shall, at its own cost and expense, and in a manner approved by the county, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any road or alley disturbed, in as good condition as before the work was commenced and in accordance with standards for such work set by the county public works department. (Ord. 1982-04 § 15 (D))

5.12.190 Erection, removal and common uses of poles.

A. No poles or other wire-holding structures shall be erected by the company, without prior approval of the county public works department with regard to the location, height, types and any other pertinent aspect of such structures. However, no location of any pole or wire-holding structure of the company shall be a vested interest, and such poles or structures shall be removed or modified by the company at its own expense whenever the board of county commissioners determines that the public convenience would be enhanced thereby.

B. Where poles or other wire-holding structures already are existing for use in serving the county are available for use by the company, but it does not make arrangements for such use, the board of county commissioners may require the company to use such poles and structures if it determines that the public convenience would be enhanced thereby and that the terms of the use available to the company are just and reasonable.

C. Where the county, or a public utility serving the county desires to make use of the poles or other wire holding structures of the company, but agreement thereof with the company cannot be reached, the board of county commissioners may require the company to permit such use for such consideration and upon such terms as the board of county commissioners shall determine to be just and reasonable, if the board of county commissioners determines that the use would enhance the public convenience and would not unduly interfere with the company’s operations. (Ord. 1982-04 § 15 (E))

5.12.200 Relocation of facilities in public way.

In the event that at any time during the period of a franchise the county lawfully elects to alter or change the grade of any road, alley or other public way, the company, upon reasonable notice, shall remove or relocate, as is necessary, its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense. (Ord. 1982-04 § 15 (F))

5.12.210 Cooperation with building movers.

The company shall, on the request of any person holding a building moving permit issued by the county, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising, or lowering of wires, shall be paid by the person requesting the same and the company shall have the authority to require such payment in advance. The company shall be given not less than seventy-two hours’ advance notice to arrange for such temporary wire changes. (Ord. 1994-11 (part); Ord. 1982-04 § 15 (G))

5.12.220 Tree trimming.

A. Droplines. “Droplines” are cable lines running from a trunk line to serve an individual subscriber. The company shall not remove any tree or trim any portion, either above, at, or below ground level, of any tree interfering with a dropline without the written consent of the property owner. If consent is not given and if the tree threatens to damage the line or impair the quality of service to the subscriber, the company may terminate service to that subscriber until the problem with the tree is corrected.

B. Trunk Lines. The company shall have the right to trim trees which threaten to damage trunk lines or impair the quality of service to subscribers served by the line.

C. Manner of Trimming. Any trees trimmed by the company under subsections A or B of this section shall be trimmed only as much as is reasonably necessary to prevent the threatened damage, and the work shall be done in accordance with sound tree care practices. The company shall be responsible for all damage to trees caused by any negligence on the parts of its agents or employees.

D. Right of Property Owner to Trim. In nonemergency situations, prior to trimming any tree, the company shall first notify the owner, in writing, that such tree must be trimmed and the reasons therefor. Thereafter, the owners shall have five days in which to cause the trimming to be done, after which the company may trim as outlined above. Notice may be accomplished by actual notice to the resident or by depositing a registered letter return receipt requested in the U.S. mail to the property owner of record as appearing in the Skamania County assessor’s records. Such notice to be effective six days after such mailing. (Ord. 1994-11 (part); Ord. 1982-04 § 15 (H))

5.12.230 Lawful installation and operation of equipment.

The company shall put, keep, and maintain all parts of wires, cables, fixtures and other equipment in accordance with the requirements of applicable state and local electrical safety codes, laws and regulations, and in such a manner that they will not interfere with any installations of the county or of a public utility serving the county. (Ord. 1982-04 § 16 (A))

5.12.235 Customer service standards.

The company shall comply with customer service standards set forth in this chapter or the Federal Communications Commission Customer Service Standards (Title 47 CFR, Part 76, Subpart H), effective July 1, 1993, together with amendments or additions hereto, whichever is more restrictive to the company. (Ord. 1994-11 (part))

5.12.240 Service upon request.

A. Existing Service Area. Upon the reasonable request for service by any person located within the existing service area or not less than one hundred twenty-five feet from the existing distribution system, the company shall, within seven business days, furnish the requested service to such person within the terms of the line extension policy. A request for service shall be unreasonable for the purpose of this subsection if no trunk line installation capable of servicing that person’s block has as yet been installed.

B. Line Extension and Service to Isolated Areas. Provisions for line extension or service to isolated areas shall be set forth in the franchise document. (Ord. 1994-11 (part); Ord. 1982-04 § 16 (B))

5.12.250 Service interruptions.

The company shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum system use. (Ord. 1982-04 § 15 (C))

5.12.260 Interference with television reception or utilities.

The company shall not allow its cable or other operations to interfere with television reception of persons not served by the company, nor shall the system interfere with, obstruct or hinder in any manner the operation of the various utilities serving the residents within the county. (Ord. 1982-04 § 16 (D))

5.12.270 Technical standards and quality of service.

The company shall continue, through the term of the franchise, to maintain the technical standards and quality of service common to industry in similar communities at or near this area. Should the board of county commissioners find that the company has failed to maintain these technical standards and quality of service, and should it, by resolution, specifically enumerate improvements to be made, the company shall make such improvements. Failure to make such improvements within thirty days of such resolution shall constitute a breach of a condition, for which the remedy of Section 5.12.410 is applicable. (Ord. 1982-04 § 16 (E))

5.12.280 Continuity of service—Failure to operate.

A. It shall be the right of all subscribers to continue receiving service so long as their financial and other obligations to the company are fulfilled. In the event the company elects to overbuild, rebuild, modify or sell the system, or gives notice of intent to terminate, or fails to renew a franchise, the company shall act so as to ensure that all subscribers receive continuous, uninterrupted service, regardless of the circumstances. In the event of a change of franchisee, or in the event a new operator acquires the system, the company shall cooperate with the county’s new franchisee or operator in maintaining continuity of service to all subscribers.

B. In the event the company fails to operate the system for three consecutive days without prior approval of the board of county commissioners, or without just cause, the county may designate an operator until such time as the company restores service under conditions acceptable to the board of county commissioners or a permanent operator is selected. If the county is required to fulfill this obligation for the company, the company shall reimburse the county for all reasonable costs or damages in excess of revenues from the system received by the county that are the result of the company’s failure to perform. (Ord. 1982-04 § 17)

5.12.290 CATV system board— Composition—Meetings.

A. A board of citizens shall be appointed from the franchise area to be serviced by the company and shall be known as the “CATV system board.”

B. This board shall be composed of four regular members, to be appointed by the board of county commissioners to four-year terms; provided that two initial appointments shall be for two-year terms. Vacancies on the CATV system board shall be filled by appointment to the unexpired term by the board of county commissioners.

C. The chairman shall be elected by the CATV system board members.

D. The members shall serve at the pleasure of the board county commissioners.

E. The CATV system board shall meet as often as deemed necessary, but not less frequently than annually.

F. Alternatively to sections A through E of this section, the board of county commissioners may enter into an interlocal agreement with one or more municipalities for the creation of a joint CATV board under such conditions as by resolution and agreement the county and the municipalities agree to.

G. In the event an interlocal agreement is entered into the alternatives provided in such agreement shall control over the provisions of this section through Section 5.12.350 to the extent it is inconsistent and for so long as there is an alternate interlocal agreement. (Ord. 1994-11 (part); Ord. 1982-04 § 18 (A))

5.12.300 CATV system board— Responsibility and duties.

The primary responsibility and duties of the CATV system board shall be:

A. To review complaints by citizens concerning the delivery of service by the franchise holder;

B. To review all proposed rate changes and make recommendations to the franchise holder and the board of county commissioners concerning the same, but this board shall not have the authority to set rates; and

C. To recommend to the board of county commissioners whether or not any franchise should be renewed, which recommendations shall be duly considered by the board of county commissioners, although it shall not be the sole consideration. (Ord. 1982-04 § 18 (B))

5.12.310 Complaints—Office—Investigation—Log.

During the term of a franchise, and any renewal thereof, the company shall maintain a local business office for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. The office must be reachable by a local telephone call to receive complaints regarding the quality of service, equipment malfunctions and similar matters. The local office shall be open to receive inquiries or complaints from subscribers during normal business hours. The company shall provide the means to accept complaint calls twenty-four hours a day, seven days a week. Any service complaints shall be investigated by the company within forty-eight hours of receipt, irrespective of holiday or other nonbusiness hours. The company shall keep a maintenance service log which will indicate the nature of each service complaint and the date and time it was received, the disposition of the complaint and the time and date thereof. This log shall be made available for periodic inspections by the CATV system board. (Ord. 1982-04 § 19 (A))

5.12.320 Complaints—Procedure publication.

As subscribers are connected or reconnected to the system, the company shall, by appropriate means (such as a card or brochure) furnish information concerning the procedures for making inquiries or complaints, including the name, address and local telephone number of the employees or agent to whom such inquiries or complaints are to be addressed. (Ord. 1982-04 § 19 (B))

5.12.330 Complaints—Report by company.

A. When there have been similar complaints made, or where there exists other evidence which, in the judgment of the board of county commissioners, casts doubt on the reliability or quality of cable service, the board of county commissioners shall have the right and authority to require the company to test, analyze, and report on the performance of the system. The company shall fully cooperate with the board of county commissioners, through the CATV system board, in performing such testing and shall prepare results and a report, if requested, within thirty days after notice. Such report shall include the following information:

1. The nature of the complaint or problem which precipitated the special tests;

2. What system component was tested;

3. The equipment used and procedure employed in testing;

4. The method, if any, in which such complaint or problem was resolved;

5. Any other information pertinent to said tests and analysis which may be required.

B. The board of county commissioners may require that tests be supervised, at the company’s expense, by a professional CATV technician not on the permanent staff of the company. The technician should sign all records of special tests and forward to the board of county commissioners and CATV system board such records with a report interpreting the results of the tests and recommending action to be taken. (Ord. 1982-04 § 19 (C))

5.12.340 Complaints—Referral to systems board—Public hearing.

The board of county commissioners, upon receiving citizens’ complaints, shall turn them over to the CATV system board for review with the franchise holder. The findings shall be announced and considered by the board of county commissioners at a public hearing called for that purpose. (Ord. 1982-04 § 19 (D))

5.12.350 Complaints—Rights of county.

The board of commissioners’ and the CATV system board’s rights under Section 5.12.300 through this section shall be limited to requiring tests, analyses and reports covering specific subjects and characteristics based on complaints or other evidence when and under such circumstances as the board of county commissioners has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable service. (Ord. 1982-04 § 19(E))

5.12.360 Company rules and regulations— Disconnection notice.

A. The company shall have the duty and the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the company to exercise its rights and perform its obligation under the franchise, and to assure an uninterrupted service to each and all of its customers provided; however, such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or applicable state and federal laws, rules and regulations.

B. Such rules and regulations shall provide for a written notice to consumers of a pending disconnect stating the reason or reasons for the disconnect and shall afford the consumer five days to reinstate their cable privilege prior to disconnecting. (Ord. 1982-04 § 20)

5.12.375 Transferability.

Any franchise granted under this chapter shall be a privilege, to be held in personal trust by the original franchisee. It cannot in any way be sold, transferred, leased, assigned or disposed of in whole or in part, either involuntarily or voluntarily, by merger, consolidation or otherwise, without prior approval of the board of county commissioners. Prior to any such approval the new franchisee shall satisfy the board of county commissioners that they will abide by the franchise ordinance codified in this chapter and be bound to any obligations incurred by the old franchisee to the county. (Ord. 1987-11 § 2)

5.12.380 Annual financial report.

The company shall file all reports as set forth in the franchise agreement with the board of county commissioners. These reports shall be certified as correct by an authorized officer of the company and there shall be submitted along with them such other information as the board of county commissioners shall reasonably request with respect to the company’s properties and expenses related to its CATV system operations within the county. The board of county commissioners may hire an independent certified public accountant to audit the company’s financial records, in which case the company shall provide all necessary records to such certified public accountant. (Ord. 1994-11 (part); Ord. 1982-04 § 22)

5.12.381 Conflicts—Savings.

In the event that Title 47 CFR, Part 76 (Cable Television Service), Subpart H (General Operating Requirements), and more specifically, Section 76.309 (Customer Service Obligations), is in conflict with any provisions of this chapter, or any franchise granted by Skamania County pursuant to this chapter, the following shall prevail:

A. In the event such federal regulations allow local ordinances and/or franchise agreements to provide more stringent requirements for cable companies and their relationship with the consumers than the federal regulations provide, then this chapter, and any franchise(s) granted pursuant to this chapter, controls.

B. In the event any provision of this chapter, or franchise(s) granted pursuant to this chapter, are in conflict with the federal regulations, and the federal regulations are intended to pre-empt the field, then this chapter, and any franchise(s) granted pursuant to this chapter, shall be deemed amended to conform to such federal regulations.

C. In the event the federal regulations provide more stringent requirements for cable companies than this chapter, or any franchise(s) granted pursuant to this chapter, this chapter shall be deemed amended to conform to the more stringent requirements provided by such federal regulations. (Ord. 1994-11 (part))

5.12.390 Removal of facilities upon expiration or termination.

At the expiration of the term for which the franchise is granted, or upon its termination as provided herein, the company shall forthwith, upon notice by the board of county commissioners, remove, at its own expense, all designated portions of the CATV system from all roads and public property within the county. If the company fails to do the county may perform the work at the company’s expense. (Ord. 1982-04 § 23)

5.12.400 Channel capability.

The CATV system shall have a minimum channel capability of twelve channels, of which one will be a public information channel. (Ord. 1982-04 § 24)

5.12.410 Rate changes.

A. All rates proposed to be charged, including rate changes by the company, shall be submitted to the board of county commissioners and to the CATV system board sixty days prior to their effective dates, along with written and documented justifications which the company may have therefor, including but not limited to:

1. Balance sheet;

2. Income statement;

3. Cash-flow statement;

4. Statement of sources and application of funds;

5. Detailed supporting schedules of expenses, incomes, assets, and other items as may be required; and

6. Statement of current and projected subscribers and market penetration.

B. The franchisee shall not make rate adjustments more frequently than annually.

C. The board of county commissioners shall consider the reasonableness of all rate changes during the franchise period and give the same due consideration prior to renewal of a franchise and may take into consideration the reasonableness of the rates charged along with all other factors at any revocation or renewal hearing. (Ord. 1982-04 § 25)

5.12.420 Revocation.

A. Any franchise issued under this chapter may be revoked in whole or in part in the event of a substantial breach of the terms and conditions set out herein. “Substantial breach” shall include, but not be limited to the following:

1. Determination that the deliverance of service is of poor quality, as defined in Section 5.12.270

2. Determination that there has been an attempt to evade any material provision of the franchise;

3. Failure to deliver services promised;

4. The failure to maintain the services in good working condition;

5. Repeated complaints by citizens which have proven to be fairly made; and

6. Any misrepresentation of fact by the applicant in applicant’s application for franchise.

B. In the event the board of county commissioners determines to consider the revocation of a franchise, the board of county commissioners shall first schedule a public hearing at which the recommendation of the CATV system board and all other evidence offered by the company or by any citizen shall be heard, and at the conclusion of which the board of county commissioners, within ten working days thereafter, shall enter their findings of fact and conclusions, in writing, and publish the same, all of which shall be subject to review in the Superior Court of Skamania County, Washington, in accordance with the Washington State Administrative Procedures Act. (Ord. 1982-04 § 26 (A, B))

5.12.430 Time frame to be provided by bidder.

All prospective bidders for a franchise under this chapter shall provide in their bid documents a schedule setting out a time frame for completion of their system and a day certain that said system will be operational. (Ord. 1983-03)