Sec. 26-17. - Use of public rights-of-way.

(a)

Any pavements, sidewalks, curbing, or other paved area taken up or any excavations in the public rights-of-way made by a franchisee shall be done under the supervision and direction of the county under permits issued for work by the proper officials of the county, and shall be done in such manner as to give the least inconvenience to the inhabitants of the county. A franchisee shall not commence construction in the public rights-of-way until the county has issued all applicable permits, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. A franchisee shall provide prompt notice to the county of construction in the public rights-of-way in the event of an emergency. As a condition of granting such permits, the county may impose generally applicable rules or regulations governing the construction in public rights-of-way. Permits shall apply only to the areas of public rights-of-way specifically identified in the permit. The county may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits or may impose lesser requirements.

(b)

As part of any permit application to perform construction in the public rights-of-way, the franchisee shall to the extent generally required provide at least the following:

(1)

An engineering plan signed and sealed by a state registered professional engineer, or prepared by a person who is exempt from such requirements as provided in F.S. § 471.003, identifying the location of the proposed facilities, including a description of the facilities to be installed, where they are to be located, and the approximate size of facilities and equipment that will be located in the public rights-of-way;

(2)

A description of the manner in which the facilities will be installed (i.e. anticipated construction methods and/or techniques);

(3)

A traffic maintenance plan for any disruption of the public rights-of-way;

(4)

Information on the ability of the public rights-of-way to accommodate the proposed facilities, if available (such information shall be provided without certification as to correctness to the extent obtained from other persons with facilities in the public rights-of-way);

(5)

If appropriate given the construction proposed, an estimate of the cost of restoration to the public rights-of-way;

(6)

The timetable for construction of the project or each phase thereof, and the areas of the county which will be affected; and

(7)

Such additional information requested by the county that the county finds reasonably necessary to review the permit application.

(c)

Unless prohibited by applicable law, the county shall have the power to prohibit or limit construction within the public rights-of-way if there is insufficient space to accommodate all of the requests to perform construction or place facilities in that area of the public rights-of-way, for the protection of existing facilities in the public rights-of-way, or to accommodate county plans for public improvements or projects that the county determines are in the public interest.

(d)

All poles, wires, cables, underground conduits, manholes, and other fixtures erected by a franchisee in, upon, along, across, above, over, and under the public rights-of-way within the county shall be so located and all construction in the public rights-of-way shall be performed so as not to interfere unreasonably with the use of the public rights-of-way by the traveling public and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the public rights-of-way. A franchisee shall not place facilities, equipment, or fixtures where they will interfere with any preexisting gas, electric, telephone, water, sewer, or other utility facilities, or obstruct or hinder in any manner the various utilities serving the residents of the county or their use of any public rights-of-way.

(e)

A franchisee shall, at its own cost and expense, and in a manner approved by the county, replace and restore any such pavements, sidewalks, curbing, other paved areas, lawn, landscaping or any other areas where the franchisee performed construction to at least as good a condition as before the work was done. A franchisee shall warrant its restoration for a period of 12 months after completion of such restoration. If the franchisee fails to make such restoration within 20 calendar days after completion of construction, or such other reasonable time as may be required by the county, the county may, after ten days notice to the franchisee, perform such restoration using county employees, agents or contractors, and charge all costs of the restoration against the franchisee and require reimbursement within 20 days after the submission of the bill by the county to the franchisee.

(f)

The county shall have the authority to require a franchisee to remove or to relocate its facilities in the public rights-of-way, pursuant to applicable law. A franchisee 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 or raising or lowering of wires shall be paid by the person requesting same, and the franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the county for county purposes, in which case no such payment shall be required. The franchisee shall be given not less than ten calendar days advance notice to arrange for such temporary wire changes.

(g)

A permit from the county constitutes authorization to undertake only certain activities on public rights-of-way in accordance with this chapter, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way. The county may issue such generally applicable rules and regulations concerning the installation and maintenance of facilities installed in the public rights-of-way, as may be consistent with this chapter and the franchise agreement. The county makes no warranties or representations regarding the fitness, suitability or availability of public rights-of-way for a franchisee's facilities and any performance of work or costs incurred by a franchisee shall be at franchisee's sole risk. Nothing in this chapter shall affect the county's authority to add, vacate or abandon public rights-of-way.

(h)

In connection with excavation in the public rights-of-way, a franchisee shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in F.S. ch. 556, as it may be amended.

(i)

A franchisee shall upon notice to the county of not less than seven days, emergency situations excepted, have the authority to trim trees or other natural growth upon and overhanging the public rights-of-way so as to prevent the branches of such trees from coming in contact with the wires and other equipment of the franchisee, except that, at the option of the county, such trimming as may be done by it or under its supervision and direction at the expense of the franchisee. All such work shall be done in accordance with such generally applicable standards as have now or hereafter may be established by the county.

(j)

A franchisee shall install and maintain its facilities in the public rights-of-way in a manner consistent with accepted industry practice and applicable law. A franchisee shall use all safety practices required by law when performing construction, maintenance, and repair. A franchisee shall, at all times:

(1)

Install and maintain its wires, cables, fixtures, and other equipment in accordance with the applicable requirements of the county construction code, as that may be amended, and any other applicable building or electrical safety code, and in such manner so that they will not interfere with any installations of the county.

(2)

Keep and maintain in a safe, suitable, and substantial condition, and in good order and repair, all structures, lines, equipment, and connections in the public rights-of-way or places of the county, wherever situated or located.

(k)

On public rights-of-way where electrical and telephone utility wiring is located underground, either at the time of initial construction of a cable or open video system or at any time thereafter, a franchisee's wiring shall also be located underground at the franchisee's expense. Between a street and a subscriber's residence, a franchisee's drop must be located underground if both electrical and telephone utility wiring are located underground. If a franchisee is otherwise not required to locate its facilities underground, a franchisee shall at the subscriber's request, locate its drop between a street and a subscriber's residence underground if the subscriber pays the franchisee's actual costs of such underground location. The county shall encourage, to the extent feasible, that other users of the public rights-of-way and the franchisee cooperate in opening up trenches and making such trenches available to all parties with the understanding that the costs of opening and retiling of such trenches would be shared equitably by all users of such trenches. Notwithstanding anything to the contrary, unless otherwise permitted by the county, a franchisee shall install underground extensions of lines in new residential subdivisions over five units or new multiple occupancy buildings.

(l)

A franchisee shall publicize the initial build or any substantial rebuild, upgrade, or extension of its facility that involves work in public rights-of-way in each affected neighborhood at least 48 hours prior to commencement of that work by causing notice of such construction to be delivered to the county and by notifying those persons whose property is affected by the work in the following ways: by telephone, in person, by mail, by distribution of flyers, by publication in local newspapers, by on-screen notice, or in such other manner required by the county that is reasonably calculated to provide adequate notice. Franchisee shall reasonably cooperate with the county to provide notice of construction. Apart from any initial build or substantial rebuild or upgrade, any underground construction will be publicized in accordance with generally applicable notice requirements.

(m)

The county shall have the right to make such inspections of facilities in the public rights-of-way as it finds necessary to ensure compliance with this chapter. In the event the county determines that a violation exists with respect to a franchisee's facilities in the public rights-of-way that is not considered to be an emergency or danger to the public health, safety or welfare, the county will provide franchisee no less than three business days notice setting forth the violation and requesting correction.

(n)

A franchisee shall ensure that it provides the county with plans, revised as necessary, or "as-builts," that show the locations of the actual installation of facilities in the public rights-of-way. The plans shall be in a digitized format showing the two-dimensional location of the facilities based on the county's geographical database, or other format acceptable to the county. The franchisee shall provide such plans at no cost to the county. The county shall maintain the confidentiality of such plans and any other information provided hereunder in accordance with F.S. § 202.195, as it may be amended.

(o)

The county reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the county in public rights-of-way occupied by a franchisee. A franchisee may allow county facilities to be co-located within county's public rights-of-way through the use of a joint trench during franchisee's construction project. Such joint trench projects shall be negotiated in good faith by separate agreement between a franchisee and county and may be subjected to other county rights-of-way requirements. The county further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation or width of the public rights-of-way within the limits of the county and within said limits as same may from time to time be altered.

(p)

The county shall have the right to install and maintain free of charge upon any pole or in any conduit owned by a franchisee any wire or fixtures that do not interfere unreasonably with a franchisee's operations and the county may be required to indemnify the franchisee for all claims arising out of the county's use of franchisee's poles and conduits.

(q)

To the extent that any person leases or otherwise uses facilities of a franchisee, such person shall make no claim, nor assert any right, which will impede the lawful exercise of the county's rights, including requiring the removal of such facilities from the public rights-of-way of the county, regardless of the effect on the person's ability to use franchisee's facilities in public rights-of-way of the county.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-18. - Suspension of permits.

(a)

Subject to this chapter, the county may suspend a permit issued or deny an application for a subsequent permit to a franchisee for work in the public rights-of-way for one or more of the following:

(1)

Failure to satisfy permit conditions, or conditions set forth in this chapter or other generally applicable county codes, regulations or orders governing the public rights-of-way, including without limitation, failure to take reasonable safety precautions to alert the public of work at the work site, or to restore any public rights-of-way;

(2)

Misrepresentation or fraud by franchisee;

(3)

Failure to have a valid franchise;

(4)

Failure to relocate or to remove facilities as may be required by the county.

(b)

After the suspension or denial of a permit pursuant to this section, the county shall provide notice of the reason to the franchisee. Upon correction of any grounds that gave rise to a permit suspension or denial, the county may lift the suspension or denial.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-19. - Construction bond.

(a)

Prior to any construction, upgrade, rebuild, or other work in the public rights-of-way, the county may require a franchisee to establish in the county's favor a construction bond in an amount specified in the franchise agreement, permit, or other authorization as necessary to ensure the franchisee's faithful performance of restoration of the rights-of-way. The amount of the construction bond shall be based on the nature of the construction to be performed.

(b)

In the event a franchisee subject to such a construction bond fails to complete the construction in a safe, timely, and competent manner in accord with the provisions of the franchise agreement, permit, or other requirement of the county, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the county as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the franchisee, or the cost of completing or repairing the construction, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The county may also recover against the bond any amount recoverable against the security fund pursuant to this chapter where such amount exceeds that available under the security fund.

(c)

The franchise agreement, permit, or other authorization from the county may specify that upon completion of the system construction, upgrade, rebuild, or other work in the streets and payment of all construction obligations of the cable system to the satisfaction of the county, the county will eliminate the bond. In the absence of any provision in a franchise agreement, permit or other authorization, the franchisee shall maintain the construction bond until said construction work is completed and for a period of 12 months thereafter. The franchisee shall notify the county in writing when it believes the construction has been completed and the bond may be eliminated. However, the county may subsequently require an increase in the bond amount for any subsequent significant construction, upgrade, or other work.

(d)

The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the county attorney; and shall provide that:

"This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the county, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."

(e)

The rights reserved by the county with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the county may have under this chapter, the franchise agreement, or at law or equity.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-20. - Minimum facilities and services.

(a)

The following minimum requirements for facilities and services apply to all franchisees operating a cable system within the county. The county may require in a franchise agreement that a franchisee exceed these minimum requirements where, under circumstances existing at the time of the application, the additional requirements are necessary to meet the county's future cable related needs and interests taking into account the costs thereof.

(1)

Any cable system lawfully providing service to subscribers within the county as of the effective date hereof shall have a minimum channel capacity of 72 channels and 750 MHz no later than two years from the effective date of this chapter.

(2)

No later than the fifth anniversary of the effective date hereof any such franchisee shall reach agreement with the county to upgrade or rebuild its system if necessary to comply with the state of the art as defined in this chapter and the terms and conditions of a franchise agreement. Such upgrade or rebuild shall be completed by the deadline established in such agreement.

(3)

As an alternative to subsection (1) above, any franchisee providing cable service to subscribers within the county as of the effective date hereof may elect to upgrade or rebuild the system to 750 MHz within 18 months of the grant of the franchise and shall reach agreement with the county no later than the fifth anniversary of the completion of the said upgrade or rebuild of the system to upgrade or rebuild the system to comply with state of the art as defined herein, and with the terms and conditions of a franchise agreement.

(b)

A franchisee shall provide access channels, facilities, and other support for public; educational and/or governmental use as required in a franchise agreement and this chapter. A franchisee shall provide access channels dedicated to the use of the county on a shared basis with other units of government and such other support for public, educational and/or governmental use as required in a franchise agreement.

(c)

A cable system shall provide commercial leased channels as required by law.

(d)

A franchisee shall, upon request, provide at least one cable service outlet to each county building or portion of a building leased by the county with the landlord's consent and public school (K—12) which it can serve by a standard installation at no cost to the county or school involved, and shall charge no more than its time and material costs for any additional outlets to such facilities. At a minimum, basic and enhanced basic service and service offered on migrated and new product tiers will be provided to all such free outlets in connected county facilities free of charge.

(e)

A franchisee shall comply with FCC regulations regarding the emergency alert system.

(f)

At a minimum, to the extent not inconsistent with applicable law, the franchisee will provide a free modem and free unlimited cable internet service for one computer to all connected schools within a year after franchisee makes personal computer-based internet access service via cable commercially available to any residential subscribers within the county. At a minimum, basic and enhanced basic service and service offered on migrated and new product tiers will be provided to all connected public and private schools free of charge. The franchisee will provide a free monthly educational program listing to each connected school to the extent such program listing is available. The franchisee will sponsor local workshops on use of the cable modem service.

(g)

As required by FCC regulations, a franchisee shall make available to its subscribers equipment capable of decoding closed circuit captioning information for the hearing impaired. A franchisee may impose a reasonable charge for such equipment.

(h)

A franchisee shall make cable service available to every dwelling within its franchise area not otherwise passed by an existing cable system, unless prohibited by a private property owner from doing so, provided that such dwelling is in an area of density of at least five dwelling units per quarter mile of aerial cable or ten dwelling units per quarter mile of underground cable. A franchisee shall provide a standard installation at the request of a subscriber within its franchise area. Standard installation shall consist of a drop, not exceeding 125 feet from the cable plant to the nearest entry point of a subscriber's residence or commercial building. A franchisee may charge for subscriber drops in excess of 125 feet according to the franchisee's rate schedule.

(i)

At the request of the county, a franchisee shall interconnect its cable system with adjacent cable systems operating within the county pursuant to a county franchise as necessary to allow subscribers throughout the county to view public, educational, and government access programming, and, to the extent required by law, with other providers of video programming (i) through independent interconnection or (ii) through connection to a central facility designated by the county. Said interconnection shall be completed and activated no later than three months after the date of receipt of notice by the county unless the county has extended the deadline or waived this obligation upon a showing by a franchisee of nonfeasibility. Any application for an initial franchise or a franchise renewal that has not interconnected with other cable systems shall include a proposal for interconnection. The cost of such interconnection shall be equitably distributed among the franchisees that interconnect their systems based on the benefits received by each affected franchisee and its subscribers. If the franchisees are unable to agree on the distribution of expenses for interconnection, they shall notify the county and the county shall then determine the amount of expense to be borne by each franchisee. The franchisees shall pay to the county equally the costs incurred by the county in making such a determination, and such payments shall not be deducted from taxes or franchise fees otherwise paid by the franchisees.

(j)

Institutional network.

(1)

A franchisee shall construct, install, operate and maintain an institutional network interconnecting county facilities, educational institutions, and/or other public facilities as may be included in a franchise agreement.

(2)

The county will determine the technical specifications of the I-NET.

(3)

To the extent required in a franchise agreement, the I-NET will have the capability of transmitting voice, video and data signals between county institutions connected to the I-NET.

(k)

A franchise agreement may specify the construction schedule that will apply to any required construction, upgrade or rebuild. The schedule shall provide for prompt completion of the project, considering the amount and type of construction required, as well as for liquidated damages if the schedule is not met.

(l)

The county may fine a franchisee for violation of this section $500.00 per violation with each day a violation continues constituting a separate violation. Notice of violation prior to citation shall be provided pursuant to F.S. § 125.69. This remedy shall be in addition to any other remedy the county may have under applicable law.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-21. - Technical standards.

(a)

Any cable system within the county shall at minimum meet the technical standards of the FCC or other applicable federal or state technical standards, including any such standards as hereinafter may be amended or adopted. All television signals transmitted on a cable system shall include any closed circuit captioning information for the hearing impaired. Antennas, supporting structures, and outside plant used in the system shall be designed to comply with all generally accepted industry practices and standards and with all federal, state, county, and/or utility laws, ordinances, rules, and regulations.

(b)

All construction, installation, and maintenance shall comply with the National Electrical Safety Code, the National Electric Code, and all laws and accepted industry practices, and as hereinafter may be amended or changed.

(c)

As required by FCC rules, the franchisee shall perform at its expense proof of performance tests designed to demonstrate compliance with FCC requirements. The franchisee shall provide, upon written request, the proof of performance test results to the county within 30 days after completion. The county shall have the right to inspect the cable system facilities and a franchisee's records during reasonable business hours to ensure compliance with the requirements of the franchise agreement, this chapter, FCC and other applicable standards. The county may pursue appropriate remedies, including fines pursuant to this chapter, to enforce the FCC's technical standards.

(d)

The county may require any other tests as specified in a franchise agreement or applicable law to be performed at the expense of the franchisee. Upon request, the franchisee shall provide the test results to the county within 30 days of completion of such other tests.

(e)

Upon request, the franchisee shall provide the county ten days advance written notice when a proof of performance or test required in (c) and (d) above is scheduled so that the county may have an observer present.

(f)

A franchisee shall not design, install, or operate its facilities in a manner that will interfere with the signals of any broadcast station, the facilities of any public utility, the cable system of another franchisee, or individual or master antennas used for receiving television or other broadcast signals.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-22. - Access channels and facilities.

(a)

County access channels.

(1)

Franchisees operating in the county shall provide at least two and a maximum of three access channels for the county's sole use in unincorporated areas of the county capable of showing board of county commission meetings to subscribers within the county and public and educational access programming, within 90 days of the effective date of this chapter or as provided in a franchise agreement. Within incorporated municipalities within the county, franchisees may cablecast the county's access programming on a shared basis with the municipality's access programming, or as may otherwise be required in the municipality's franchise agreement.

(2)

Applications for an initial or renewed franchise may, and at the county's request, shall include proposals for the provision of at least two public, educational, and government access channels, which shall contain programming as authorized solely by the county in the unincorporated areas of the county.

(3)

At any time the initial access channels provided to the county by a franchisee are programmed during at least 12 hours per day with nonduplicative programming (i.e., bulletin board messages will not be considered programming for purposes of this section), Monday through Friday, for six consecutive weeks, the franchisee shall, without charge, at the request of the county, provide the county with a third access channel within six months of receipt of written request that includes information demonstrating that usage of the initial access channels have met the criteria set forth above. If at any time the first three access channels provided to the county by a franchisee are programmed with non-duplicative programming during at least 12 hours per day, Monday through Friday, for six consecutive weeks, the franchisee shall, without charge, at the written request of the county, provide the county with a fourth access channel at no charge within six months of receipt of written request that includes information demonstrating that usage of the previously provided access channels have met the criteria set forth above. In the event the programming on the access channels falls below the amount specified above, then a franchisee shall have the right to deactivate the subsequently provided access channels. The county may by resolution adopt rules and regulations concerning use of the access channels.

(4)

The county may require in a franchise agreement that a franchisee provide live cablecasting of board meetings in their entirety to all of franchisee's subscribers located within the county. The county may require the replay of such meetings at times specified by the county.

(b)

Facilities to support programming on the access channels.

(1)

A franchise agreement may provide for the use of the franchisee's studio facilities, equipment, and personnel for the production of live and videotaped county programs, subject to reasonable availability and to scheduling requirements of the franchisee.

(2)

A franchisee may provide, at the request of the county, use of the franchisee's studio equipment and technical services for character generation and cablecasting of such character generation on the access channels, subject to reasonable availability and scheduling requirements of the franchisee.

(3)

A franchise agreement may provide that upon the county's request, the franchisee shall provide at its cost, trained personnel and necessary equipment for:

a.

Live cablecasting of events at the location of board meetings and other specified locations within the county; and

b.

The production of videotapes of civic and government programs and events that take place at locations other than the locations capable of offering live programming. Such videotapes shall be played and replayed on the access channels at times specified by the county.

c.

Live cablecasting may be facilitated with the interconnection among franchisees pursuant to this chapter. At the time of the county's request for live cablecasting of board meetings, the franchisee serving the largest number of subscribers at the location of the county board meetings shall be responsible for live cablecasting production of professional quality, including all necessary equipment and trained personnel. If requested by the franchisee so responsible, all other franchisees shall share in the cost of producing and delivering the live cablecasting to all subscribers on a pro-rata per subscriber basis.

d.

In the event that the county changes the location of board of county commissioners meetings and desires to change the location where live cablecasting of board of county commissioners occurs, the county may extend a franchisee's franchise agreement to allow the franchisee to recover the incremental costs of the construction of the additional plant required to provide the live cablecasting from the new location, or in the alternative, the county may agree to reimburse the franchisee the costs of construction.

(c)

At the county's discretion, a franchise agreement may provide for a financial grant in lieu of some or all of the facilities, equipment, and services referenced in this chapter.

(d)

Annual capital contribution. The county may establish an annual budget and an amount for an annual contribution from franchisees for capital expenses associated with producing programming for the access channels to be specified in a franchise agreement.

(e)

All facilities, equipment, and other capital support to be provided by a franchisee pursuant to this chapter or a franchise agreement constitute capital costs consistent with applicable law to be incurred by the franchisee for public, educational, or governmental access facilities within the meaning of § 622(g)(2)(c) of the cable act, 47 U.S.C. § 542(g)(2)(c). Such capital support does not constitute a franchise fee or tax within the meaning of the cable act, state law, this chapter, or any franchise agreement.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-23. - Insurance and indemnification.

(a)

A franchisee shall maintain, and by its acceptance of a franchise specifically agrees that it will maintain, throughout the entire term of the franchise including any renewals thereof, the following liability insurance coverage insuring the franchisee and naming the county as an additional insured: worker's compensation and employer liability insurance to meet all requirements of state law, automobile liability insurance, and general comprehensive liability insurance with respect to the construction, operation, and maintenance of the cable system or OVS, and the conduct of the franchisee's business in the county, in the minimum amounts of:

(1)

$1,000,000.00 for property damage in any one accident;

(2)

$1,000,000.00 for personal bodily injury to any one person; and

(3)

$3,000,000.00 million for personal bodily injury in any one accident.

(b)

All insurance policies shall be with sureties qualified to do business in the state and shall be with sureties with a minimum rating of A- in Best's Key Rating Guide, Property/Casualty Edition. The county may require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law.

(c)

A franchisee shall keep on file with the county certificates of insurance which certificates shall indicate evidence of payment of the required premiums and shall indicate that the county, its officers, boards, commission, board members, agents, and employees are listed as additional insureds. In the event of a potential claim such that the county claims insurance coverage, the franchisee shall immediately respond to all reasonable requests by the county for information with respect to the scope of the insurance coverage.

(d)

All insurance policies shall further provide that any cancellation or reduction in coverage shall not be effective unless 30 days prior written notice thereof has been given to the county. A franchisee shall not cancel any required insurance policy without submission of proof that the franchisee has obtained alternative insurance that complies with this chapter.

(e)

A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the county, its officials, board members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the construction, maintenance, or operation of its cable system or open video system, the conduct of franchisee's business in the county, or in any way arising out of the franchisee's enjoyment or exercise of a franchise, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this chapter or a franchise agreement. This provision includes, but is not limited to, the county's reasonable attorneys' fees incurred in defending against any such claim, suit, or proceedings; and claims arising out of copyright infringements or a failure by the franchisee to secure consents from the owners, authorized distributors, or providers of programs to be delivered by the cable system or open video system, claims arising out of § 638 of the cable act, 47 U.S.C. § 558, and claims against the franchisee for invasion of the right of privacy, defamation of any person, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person. The county agrees to notify franchisee, in writing, within ten days of the county receiving notice of any issue it determines may require indemnification. Nothing in this chapter shall prohibit the county from participating in the defense of any litigation by its own counsel and at its own cost.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-24. - Security fund.

(a)

The county shall require in a franchise agreement that the franchisee post with the county a security fund. Such fund may be in the form of a cash deposit, letter of credit, or bond as agreed to in the franchise agreement. The security fund will be used to ensure the franchisee's faithful performance of and compliance with all provisions of this chapter, the franchise agreement, and other applicable law, and the payment by the franchisee of any claims, liens, fees, or taxes due the county which arise by reason of the construction, operation, or maintenance of the cable system or OVS. The amount of the security fund shall be the amount that the county determines, under circumstances existing at the time, that is necessary to protect the public, to provide adequate incentive to the franchisee to comply with this chapter and the franchise agreement, and to enable the county to enforce effectively compliance therewith, and in no event shall be less than one hundred thousand dollars ($100,000). The franchise agreement shall provide for the procedures to be followed with respect to the security fund. Neither the posting of the cash deposit or filing of an indemnity bond or any form of surety bond with the county, nor the receipt of any damages recovered by the county thereunder, shall be construed to excuse faithful performance by the franchisee or limit the liability of the franchisee under the terms of its franchise for damages, either to the full amount of the bond or otherwise.

(b)

The rights reserved to the county with respect to the security fund are in addition to all other rights of the county, whether reserved by this chapter or authorized by other law or the franchise agreement, and no action, proceeding, or exercise of a right with respect to such security fund will affect any other right the county may have.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-25. - Records and reports.

(a)

No later than June 30, of each year, and, for items that are to be submitted upon request of the county, no later than 30 days following such request, a franchisee shall provide the county an annual report concerning the previous calendar year that includes, at a minimum, the following information:

(1)

Upon request of the county, a summary, including all reasonably available information, of the previous calendar (January 1 through December 31) year's activities in development of the state of the art of cable systems, which may be satisfied by submitting the response to the FCC's annual survey to cable systems submitted by the franchisee or by the affiliate that controls the franchisee, and activities in development of the system serving the county, including, but not limited to, services and products initiated or discontinued, new technologies, number of subscribers, homes passed, and miles of cable distribution plant in service. The summary shall also include a comparison of any construction, including system upgrades, during the year with any projections previously provided to the county, as well as rate adjustments. Upon the county's request, it is the obligation of the franchisee to include within this report information necessary to evaluate franchisee's system as compared to the state of the art as defined in this chapter.

(2)

Upon request, if franchise fees are paid directly to the county, a statement of revenues for the previous calendar year. The statement shall be audited if the franchisee has such an audited statements prepared in its normal course of business. If not, the franchisee's chief financial officer or other duly authorized financial officer shall certify the statement. The statement shall include notes that specify all significant accounting policies and practices upon which it is based to the extent required by GAAP.

(3)

Upon request, a summary of written subscriber or resident complaints identifying the number and nature of complaints and their disposition. More detailed information concerning complaints shall be submitted upon request of the county.

(4)

Upon request, the number and duration of outages, number of planned outages, and number of outages during prime viewing hours (8:00p.m.—11:00p.m.) in the past year.

(5)

Upon request, if the franchisee is a corporation, a list of officers and members of the board of directors and the officers and members of the board of directors of any parent corporation.

(6)

Upon request, if the franchisee is a partnership, a list of the partners, including any limited partners, and their addresses; and where the general partner or its parent corporation's ownership interests are publicly traded, a copy of its most recent annual report.

(7)

Upon request, a list of all persons who at the time of filing control or hold five percent or more ownership or otherwise cognizable interest in the franchisee pursuant to 47 CFR 76.501.

(8)

Upon request, copies of a franchisee's standard form of subscriber agreements.

(9)

A full schedule and description of services, office and telephone hours, and location of the franchisee's customer service offices available to subscribers, and a schedule of all rates, fees, and charges for all services.

(10)

A report on the number of total subscribers served by the franchisee in the county.

(b)

A franchisee shall provide the following documents to the county as received or filed, without regard to whether the documents are filed by the franchisee or an affiliate:

(1)

Upon the county's request, the annual report of the franchisee or any affiliate of the franchisee that controls the franchisee and issues an annual report;

(2)

Upon the county's request, copyright filings reflecting the operation of the system;

(3)

Upon the county's request, FCC Forms 325 and 395A for the system, or their successor forms;

(4)

Any and all pleadings, petitions, applications, communications, reports, and documents (collectively referred to as "filings") submitted by or on behalf of the franchisee to any state or federal agency, court, or regulatory board which filings concern the franchisee's operations in the county or that concern the county's rights or obligations under this chapter or a franchise agreement and any and all responses, if any, to the above mentioned filings.

(5)

Any and all notices of deficiency, forfeiture, or documents instituting any investigation or civil or criminal proceeding issued by any state or federal agency regarding the franchisee, or any affiliate of the franchisee, provided, however, that any such notice or documents relating to an affiliate of franchisee need be provided only to the extent the same concern the franchisee's operations in the county. For example, a notice that an affiliate, which has a management contract for the system in the county, was not in compliance with FCC EEO requirements with respect to the system in the county would be deemed to affect operations in the county.

(6)

Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy.

(7)

Any document that adversely impacts franchisee's compliance with its franchise or this chapter.

(c)

A franchisee shall make records available in Pinellas, Hernando, Pasco or Hillsborough Counties for inspection and audit by the county, for purposes of ascertaining compliance with requirements of this chapter and the franchise agreement. Such inspection and audit shall be upon reasonable notice and during normal business hours.

(d)

Franchisees shall at all times make available for inspection and copying by the county, records that demonstrate compliance with the customer service standards contained in this chapter.

(e)

Upon request of a franchisee, any materials submitted to the county that a franchisee deems proprietary and confidential shall not be made available to the public to the extent permitted by applicable law, including, but not limited to, the state public records law. To the extent the county cannot maintain the confidentiality of such materials, the county may inspect such materials at a franchisee's premises, but shall not copy or remove such materials.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-26. - Reserved.