§ 12-11. Grant of initial franchise.

(A)

The County may grant an initial franchise for a period not to exceed fifteen (15) years to serve all or a specified area of Orange County.

(B)

The County may condition the grant of an initial franchise upon the completion of construction of a cable system within a reasonably prescribed time period or upon the performance of other specific obligations which are to be set forth in the franchise agreement, specifying that failure to comply with the condition will cause the franchise to become revocable.

(C)

In evaluating an application for an initial franchise, the Board may consider, among other things, the following factors: the applicant's technical, financial, and legal qualifications to construct and operate the proposed system; the adequacy of the proposed construction arrangements, facilities, equipment, and services based on the public convenience, safety and welfare; the applicant's experience in constructing and operating cable systems and providing cable service in other communities, if any; the ability of the public rights-of-way to accommodate the proposed system; the potential disruption to users of the public rights-of-way and any resultant inconvenience to the public; and whether the proposal will meet reasonably anticipated community needs and serve the public interest.

(D)

The Board shall hold a public hearing to consider an application for an initial franchise. The applicant shall be notified of the hearing and shall be given an opportunity to be heard. Based upon the application, the testimony presented at the public hearing, any recommendations of the County or staff, and any other information relevant to the application, the Board shall decide whether to grant or deny the application and decide the terms and conditions of any grant. Upon the grant of a franchise, the grantee's application and any representations made by the franchisee which were relied upon by the Board in granting the franchise shall become an integral part of said franchise and shall be incorporated into the franchise agreement.

(E)

If the County grants an application for an initial franchise, the County and the grantee shall agree on the terms of a franchise agreement within forty-five (45) calendar days from the date of the Board's decision making the grant. This period may be extended for good cause by the County. If an agreement is not reached within forty-five (45) calendar days from the date of the Board's decision making the grant, or if the period is not extended by the County, the franchise grant shall be null and void without further action by the County.

(F)

Following at least ten (10) days prior notice to the grantee and the public, the Board may hold a public hearing to consider approval of the proposed franchise agreement.

(G)

After complying with the above requirements, the Board shall approve or disapprove the proposed franchise agreement, or may direct that it be subject to further negotiation.

(Ord. No. 98-20, § 1, 9-15-98)