§ 12-06. Franchise characteristics.

(A)

Subject to any applicable permitting requirements, a franchise granted under this chapter authorizes use of public rights-of-way for installing cables, wires, lines, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary and pertinent to operate a cable television system within Orange County, but does not expressly or implicitly authorize the franchisee to provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities upon private property without the owner's consent (except for use of compatible easements pursuant to 47 U.S.C. § 541(a)(2), or as otherwise authorized by law), or to use privately owned conduits without a separate agreement with the owners.

(B)

Any franchise granted hereunder is non-exclusive, and shall not expressly or implicitly preclude the issuance of other franchises to operate cable systems within Orange County, or affect the County's right to authorize use of public rights-of-way to other persons to operate cable systems or for other purposes as it determines appropriate, provided that, to the extent not inconsistent with state and/or federal law, such franchise shall be on terms and conditions which are not more favorable or less burdensome than those of any other franchise so that the County's grant of such franchises shall be on terms and conditions which are nondiscriminatory and competitively neutral.

(C)

All privileges prescribed by a franchise shall be subordinate to any prior lawful occupancy of the public rights-of-way, and the County reserves the right to reasonably designate where a franchisee's facilities are to be placed within the public rights-of-way.

(D)

A franchise shall be a privilege which is held in the public trust. No transfer of a franchise shall occur unless application is made by the franchisee, and approval is obtained from the County pursuant to Section 12-27 hereof. However, no formal action by the County shall be required for a pro forma transfer, provided that the franchisee submitted written notice thereof to the County at least sixty-one (61) days prior to the effective date of such pro forma transfer. Consent to transfers shall not be unreasonably withheld or denied by the County.

(E)

A franchise granted to an applicant pursuant to this chapter to construct, operate and maintain a cable television system within a specified franchise territory shall be deemed to constitute both a right and an obligation on the part of the franchisee to provide the services and facilities of a cable television system as required by the provisions of this chapter and the franchise agreement. The franchise agreement shall incorporate by reference all of the provisions of the franchisee's application for the franchise that are finally negotiated and agreed upon by the County and the franchisee.

(F)

The County hereby adopts the national policy with respect to facilitating small business entry into telecommunications, and prohibiting barriers to entry into the telecommunications market. Thus, to the extent not in conflict with other laws, including without limitation, Section 166.046 of the Florida Statutes and Section 12-06B, the County may consider the grant of waivers to small cable operators who request waivers of provisions of this chapter in compliance with Section 12-09E18, provided that any such waiver of provisions of this chapter based on the operator's status as a small cable operator shall continue in effect only so long as the operator remains within the definition of small cable operator.

(G)

Notwithstanding anything to the contrary, in the event a franchisee elects to offer to subscribers video programming services through any means or method not included within the definition of a cable system, including but not limited to an open video system, the franchisee shall remain subject to all terms and conditions of the franchise agreement, unless otherwise relieved from compliance by federal law that expressly preempts a term or condition of this chapter. Moreover, the County reserves the right to require a franchisee offering service over an open video system to maintain such separate books and records as may be required by the County from time to time to the extent not inconsistent with applicable law and FCC rules and regulations.

(Ord. No. 98-20, § 1, 9-15-98)