Sec. 30-26. - Title and purpose.

(a)

Short title. This article shall be known and may be cited as the "Collier County Cable Television Franchise Ordinance."

(b)

Purpose. This article is enacted under the home rule power of the county for the purpose of providing necessary regulations, conditions and provisions which shall apply:

(1)

To the granting, issuance and renewal of nonexclusive franchises for the installation, operation, use and maintenance of cable television communication systems within the unincorporated limits of the county.

(2)

To provide reasonable and suitable protection and control over the use of county-owned easements and rights-of-way by cable television franchisees; all in the interest of the public health, safety and welfare of the citizens and inhabitants of the county.

(Ord. No. 88-90, § 1)

Sec. 30-27. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access channel means a channel dedicated in whole or in part to local programming which is not originated by a cable company and shall include facilities and equipment, which the licensee shall make available without charge to the board of county commissioners and county school board for the purpose of transmitting programming by the public, as well as governmental and educational agencies.

Audio channel means a band of frequencies in the electromagnetic spectrum which is capable of carrying one audio signal.

Basic service means any tier of service which includes retransmission of local television broadcast signals and the public, educational and governmental access channels.

Channel means a signaling path or portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the commission (FCC) by regulation.

Commercial use (lease) channel means a video and/or audio or data channel which the franchisee may make available on terms for commercial use by persons unaffiliated with the franchisee for the purpose of transmitting programming, providing services, or exchanging information.

Community antenna television system, cable television communication system and CATV means:

(1)

For the purpose of this article, these are synonymous terms, describing a system which may employ antennae, microwave, wires, wave-guides, coaxial cables, fiber optics or other conductors, equipment or facilities, designed, constructed or used for the purpose of:

a.

Collecting and amplifying local and distant broadcast television or radio signals and distributing and transmitting them;

b.

Transmitting original cablecast programming not received from television broadcast signals;

c.

Transmitting television pictures, file and videotape programs, not received through broadcast television channels, whether or not encoded or processed to permit reception by only selected receivers; or

d.

Transmitting and receiving all other signals, including digital, voice and audio-visual;

provided, however, that any of the services permitted hereunder to be performed, described in this subsection, shall be those performed by or through the franchisee for subscribers in the operation of a cable television system franchised by the county.

(2)

Such term does not include:

a.

A facility or combination of facilities that serves only to retransmit the television signals of one or more television broadcast stations;

b.

A facility or combination of facilities that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management unless such facility or facilities use any public right-of-way or utility easement;

c.

A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers;

d.

Any facilities of any electric utility used solely for operating its electric utility system.

Converter means an electronic device which converts signals not susceptible to reception by the television receiver of the subscriber to a signal which is susceptible of reception, and by an appropriate channel selector also permits the subscriber to view all signals delivered at designated dial locations.

County means Collier County, Florida.

County administrator means the county administrator of Collier County, Florida, or his designee, or any successor to the powers of the county manager.

County attorney means the county attorney of Collier County, Florida, or his designee, or any successor to the powers of the county attorney.

Data channel means a band of frequencies in the electromagnetic spectrum which is capable of carrying one data signal.

FCC means the Federal Communications Commission, or its designee, or any successor to the powers of the FCC.

FCC approval means any necessary authorization by the FCC to operate a CATV system in the county pursuant to the Communications Act of 1934, as amended, and all applicable FCC regulations.

Franchise means the nonexclusive initial authorization or renewal thereof granted by the county to construct, install, operate and maintain a CATV system upon the streets, public ways and rights-of-way within a specifically designated franchise area of the county, whether such franchise is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise.

Franchisee means the person granted a CATV franchise or anyone who succeeds the person in accordance with the provisions of this article, or anyone who holds a franchise granted by the county prior to enactment of this article.

Gross revenues includes, but is not limited to, monthly fees charged subscribers for basic service; monthly fees charged subscribers for any premium service; installation and converting leasing fees or charges; advertising revenues; administrative fees from delinquent subscribers and/or delinquent advertiser accounts; dishonored check charges; capital reimbursements from subscribers; promotional fees from program suppliers; tower rentals; fees for collection of state sales tax; and Home Shopping Network commissions; provided, however, the board of county commissioners specifically reserves the right to amend this definition from time to time to account for changes in technology. Gross revenues shall not include any taxes on services furnished by the franchisee which are imposed upon any subscriber or user by the state, county, or other governmental unit and collected by the franchisee on behalf of said governmental unit. The franchise fee is not such a tax.

Institutional cable means the communications network constructed or operated by the cable company and which is generally available only to subscribers who are not residential subscribers.

Local origination programming means programming that is either produced by the franchisee or is obtained from another source for transmission on the franchisee's local origination channels.

May is permissive.

Pay television means the delivery over the community antenna television system of video signals in intelligible form to subscribers for a fee or charge (over and above the charge for basic or tiered service) on a per-program, per-channel or other subscription basis.

Person means any individual, partnership, joint venture, association, joint stock company, trust, firm, corporation, club, society, governmental entity, or other legally recognized entity, whether for profit or not for profit, or any lawful successor, transferee or assignee of said entity.

Property of franchisee means all property owned, installed, or used by a franchisee in the conduct of a CATV business in the county under the authority of a franchise granted pursuant to this article, or pursuant to a franchise agreement.

Public notice means publication of notice of the time, place and purpose of a hearing at least twice in a newspaper of general circulation in the county, with the first publication not less than 14 days prior to the hearing and the second to be not less than five days prior to the hearing.

Public school means any institution of the county public school system, or any duly state-accredited local college or university, within the unincorporated areas of the county.

Public street means the surface of and the space above and below any street, terrace, avenue, road, highway, freeway, bridge, land, path, alley, court, sidewalk, parkway, drive, boulevard, or other public way, now laid out or dedicated, and all extensions thereof and all additions thereto, within the unincorporated areas of the county and subject to the control of the county.

Public works administrator means the public works administrator of the county, or his designee, or any successor to the powers of the public works administrator.

Residential subscriber means a subscriber who receives any cable television service in an individual dwelling unit or multiple dwelling where the service is not to be utilized in connection with a business, trade or profession.

Service means any subscriber service, whether or not originated by the franchisee, which is distributed over the franchisee's distribution system on any channel.

Shall and will are mandatory, not merely directive.

Signal means any transmission of radio frequency energy or of optical information.

Subscriber means any person or entity receiving for any purpose any service provided by the cable operator.

(Ord. No. 88-90, § 2; Ord. No. 94-12, § 1)

Cross reference— Definitions generally, § 1-2.

Sec. 30-28. - Franchising provisions.

(a)

Required. Any individual, partnership, corporation or other entity desiring to install and/or operate any cable television system in the unincorporated area of the county shall apply to the board for a franchise pursuant to this article.

(1)

The issuance of a franchise pursuant to this article shall allow the franchisee to install, construct, maintain and operate a CATV system in accordance with the additional requirements of this article throughout the area which is described in the franchise agreement and for which approval has been received.

(2)

Prior to any installation or construction, the franchisee shall apply to the county for a permit, granting the privilege to install, construct, maintain and operate a CATV system under the jurisdiction of the county in accordance with such rules and regulations as shall be recommended by the county engineer and approved by the board.

(3)

It shall be a violation of this article to commence or engage in the construction, operation or maintenance of a cable system in the county without first having obtained a cable franchise awarded by the board of county commissioners.

(b)

Award. Nonexclusive franchises may be awarded by the board of county commissioners for all or any portion of the county to applicants upon a finding that such award is consistent with the public interest, furthers the goal of providing efficient CATV service to all residents of the unincorporated areas of the county, and does not result in material abuse of county streets, or easements or rights-of-way, and after consideration of the factors referred to in subsection (f)(1) of this section. The county shall adopt by resolution such application forms and other administrative procedures are deemed necessary and desirable for efficient administration of this article.

(c)

Application procedure; information required. All applications to construct, operate or maintain any CATV system in the unincorporated areas or to traverse any portion of those areas for the transmitting or conveying of such service elsewhere shall be filed with the board or such office of the county as the board may designate by resolution; and each such application shall set forth, contain, or be accompanied by the following:

(1)

The name, address and telephone number of the applicant.

(2)

A detailed statement of the corporate or other business entity organization of the applicant, including but not limited to the following:

a.

The names, business addresses, state of residence and country of citizenship of all general partners and corporate officers of the applicant.

b.

The names, business addresses, state of residence and country of citizenship of all persons and entities having, controlling, or being entitled to have or control 15 percent or more of the ownership of the applicant and the respective ownership share of each such person or entity.

c.

The names and addresses of any parent or subsidiary of the applicant and of any other business entity owning or controlling in whole or in part or owned or controlled in whole or in part by the applicant.

d.

A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the five fiscal years immediately preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a responsible lending institution or funding source, addressed to both the applicant and the county, setting forth a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the county; or if the corporate or business entity organization of the applicant has not been in existence for a full five years, the applicant shall submit an audited financial statement for the period of its existence or other documentation required by the county.

e.

A detailed description of all previous experience of the applicant in providing CATV services or related or similar services, which includes a statement identifying, by place and date, any other cable television franchise awarded to the applicant, its parent or subsidiary; the status of said franchise with respect to completion thereof; the total cost of completion of such systems; and the amount of the applicant's and its parent's or subsidiary's resources committed to the completion thereof.

(3)

A detailed financial plan (pro forma) describing, for each year of the franchise, projected number of subscribers, rates, all revenues, operating expenses, capital expenditures, depreciation schedules, income statements, and statement of sources and uses of funds. If applicant submits a detailed financial plan for a period of less than the requested term of the franchise, the county may award a franchise to applicant but for a period of time equal to the number of years or portion thereof, reflected in the financial plan.

(4)

A detailed description of the proposed plan of operation of the applicant, which shall include but not be limited to the following:

a.

A detailed map indicating all areas proposed to be served, a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served, and the projected total cost for construction of the system.

b.

A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of any said classifications, including but not limited to installation charges, service charges, and special, extraordinary or other charges requested by the county. The purchase price, terms and nature of any optional or required equipment, device or other thing(s) to be offered for sale to any subscriber shall be described and explained in detail.

c.

A detailed statement describing the technical design proposed, the actual equipment, and the operational and technical standards proposed by the applicant. In addition, applicant shall submit to the county an affidavit or letter from a qualified engineer acceptable to both parties with experience in the cable industry which letter states that the proposed system will adequately provide CATV service to the proposed service area and that the applicant's construction projection costs are reasonable.

(5)

A copy of the form of any form of any agreement, understanding or other instrument proposed to be entered into between the applicant and any subscriber.

(6)

A detailed statement setting forth in its entirety any and all agreements and understandings, whether formal or informal, written, oral or implied, existing or proposed to exist between the applicant and any person which may affect control or operation of the system contrary to this article, as amended, or a franchise agreement.

(7)

A copy of any executed agreement covering the franchise area, if existing between the applicant and any public utility, providing for the use of any facilities of the public utility, including but not limited to poles, lines or conduits.

(8)

True and exact copies, if filed, of the last and most current FCC Cable TV Information Report and FCC Form 325 as submitted to the FCC.

(9)

Any other reasonable information which could materially affect the granting of the franchise and which is requested by the county.

(10)

For applicants in existence for less than three years, except for subsidiaries or affiliates of existing cable companies, the county in its discretion may agree to accept other information in lieu of the items reflected in this paragraph, provided it is acting reasonably and is satisfied that the applicant has materially complied with the requirements of this section.

(d)

Fee.

(1)

Each original or transfer application submitted for a franchise under the provisions of this article shall be accompanied by a nonrefundable application fee in the amount of $10,000.00, to offset the reasonable cost of processing and evaluating said application for conformity with the provisions and conditions of this article, including but not limited to the payment of consultants' fees; provided, however, that the board reserves the right to require reimbursement to the county of all costs of processing and evaluating any application, in excess of $10,000.00, if such costs are determined by the board by resolution to be necessary for the proper evaluation of such application. Each renewal application submitted for a franchise under the provisions of this article shall be accompanied by a non-refundable application fee in the amount of $5,000.00 to offset the reasonable costs of processing and evaluating said application, provided, however, if such costs exceed $5,000.00, then the franchise holder shall be responsible for any additional costs.

(2)

Each franchise holder filing an application for expansion of its designated franchise area shall pay the sum of $5,000.00 as is required by subsection (1) of this subsection (d). Upon board approval or denial of the expansion, the county shall refund to the franchisee any portion of the expansion application fee which is not used by the county for the review of the expansion application.

(3)

Any applicant who has had a franchise approved by the county and then declared null and void or revoked by a court may not be required to pay an application fee, unless the board determines that the county will incur actual expenses including but not limited to consulting fees to review a new application.

(e)

Public hearing on applications. Upon receipt of an application for a franchise submitted under the provisions of this article and within 90 days, or such extended period of time as the board may approve upon request by the administrator, the county administrator shall review the application for sufficiency and compliance with subsection (c) of this section. If the county administrator finds that the application is incomplete, he shall return it to the applicant with a letter describing any and all insufficiencies found in the application. The applicant may then reapply for a franchise upon correcting the deficiencies noted by the county manager. Upon receipt of the revised and amended application, the county administrator shall review the application within a 90-day period or such extended period of time as the board may approve upon request by the county manager. Upon review and after finding that the application is complete and in compliance with subsection (c), the county administrator shall make a recommendation to the board regarding the award of a franchise to the applicant and shall forward said application to the board for publication of a notice in accordance with subsection (1) of this subsection (e).

(1)

Upon receipt of an application for a franchise and after review by the county administrator, the board shall publish once a week for three consecutive weeks in a paper of general circulation in the county a notice of consideration of a CATV franchise. Said notice shall name the applicant, describe the proposed service area, invite the filing of an application under the provisions of this article by all persons interested in establishing a CATV system in the proposed service area, invite objections to the establishment of a CATV system in the proposed service area from existing CATV systems and the general public and set a time and date certain, within at least 25 business days from the date of the first publication of the notice, for a public hearing on all applications filed for the establishment of a CATV system in said proposed service area and for all objections to the establishment of such CATV system. Any written reports, studies or materials to be considered by the board of county commissioners at the public hearing must be submitted to the county administrator's office within 15 days from the date of the first publication of notice of the public hearing.

(2)

The initial application and all subsequent applications received prior to the public hearing shall be a matter of public record. Any application may be amended in writing at any time prior to the date of the public hearing. No amendments to filed applications, oral or written, and no new applications shall be received after the time and date set for the public hearing or a continued public hearing, unless amendments to the application are requested by the county. The public hearing may be continued from time to time and from place to place as determined to be necessary by the board.

(f)

Issuance of franchise.

(1)

The board may issue one or more non-exclusive franchises from the applications filed and considered at a public hearing. The board shall, prior to an issuance of a franchise, consider the information and criteria required by this article and any other information it deems appropriate in making a determination to issue a franchise. During the public hearing or a continued public hearing the board of county commissioners shall also consider, investigate and make findings regarding the following:

a.

The economic impact upon private property within the franchise area;

b.

The public need for such a franchise, if any;

c.

The capacity of public rights-of-way to accommodate the cable system;

d.

The present and future use of the public rights-of-way to be used by the cable system;

e.

The potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public;

f.

The financial ability of the franchise applicant to perform and to make the necessary investment to erect, operate and maintain the cable system;

g.

The experience of the applicant in the erection, operation and maintenance of a CATV system;

h.

The location and type of permanent facilities proposed to be constructed for the cable system;

i.

The technical quality and completeness of the proposed plan for operation of the cable system;

j.

The requisite legal, character, financial, technical and other qualifications necessary to construct, own and operate a cable television system.

(2)

In considering the desirability of an additional or expanded cable operator, the board of county commissioners shall balance the desirability to promote competition in the cable television industry so as to promote a diversity of information and the provision of high-quality cable services at the lowest economic price against the unreasonable disruption of private and public property by multiple cable operations. Furthermore, if the county grants a franchise for an additional cable operator or expands a current operator's franchise, the county may impose such conditions as it deems necessary and proper.

(3)

The board of county commissioners has the authority to retain an expert or consultant to conduct a study at any time in order to determine whether the county is able to handle an overbuild or overlapping franchises, economically or practically, or for any other purpose which the board deems necessary in order to adequately evaluate a franchise application. Any resulting fees or expenses of experts or consultants are to be borne by the applicant.

(4)

The board shall vote and thereafter notify in writing all applicants of its decision within 30 days from the adjournment of said public hearing. Said notice shall specify the aforementioned factors that were determinative of its decision. All of the statements and declarations contained in the application shall be incorporated as conditions and material representations of any franchise that is issued by the board, and the breach of any of such conditions and representations shall constitute cause for termination of the franchise by the board. The approval of the written decision by the board shall be deemed an award of the franchise.

(g)

Term. No franchise shall be issued for a term longer than ten years. All current CATV franchise agreements shall remain in effect until their respective date of expiration, subject to any provisions of this article deemed applicable to existing franchisees. However, any franchisee holding a current franchise under any previous ordinance or franchise agreement may file for a renewal of its franchise pursuant to the terms of this article which require adequate notice to the public and opportunity to comment, and may have its franchise renewed for a period not to exceed ten years.

(h)

Effective date.

(1)

Any franchise granted pursuant to the provisions of this article shall become effective as provided herein.

(2)

Within 30 calendar days after the awarding of a franchise pursuant to subsection (f)(4) above, or within such extended period of time as the board in its discretion may authorize, the franchisee shall file with the board its written acceptance of the franchise, together with a commitment for insurance policies and bonding documents required by sections 30-36 and 30-37, and its agreement to be bound by and to comply with all requirements pursuant to the provisions of this article or the franchise. Such acceptance and agreement shall be acknowledged by the franchisee before a notary public, and shall in form and content be satisfactory to and approved by the board. The franchisee shall execute the franchise agreement and other documents required by the county within 90 days of the award of the franchise pursuant to subsection (f)(4) unless the county agrees to an extension of such date.

(i)

Business authorization. Any franchise granted by the county shall authorize and permit the franchisee to engage in the business of operating and providing a CATV system in all or a portion of the county, and for that purpose, subject to the approval of the public works administrator, to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public right-of-way or easement, such poles, wires, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and in addition, subject to the approval of the public works administrator, so to use, operate and provide similar facilities or properties rented or leased from other persons, including but not limited to any public utility or other franchisee furnished or permitted to do business in the county.

(j)

Changes to terms and conditions. No changes in the terms of any franchise may be made without the prior written approval of the board.

(k)

Franchise fee.

(1)

The franchisee shall pay as a franchise fee to the county the maximum percentage allowable by federal law, up to a maximum of five percent of the franchisee's gross revenues or such greater percentage as may from time to time be approved by federal law and renegotiated with the franchisee.

(2)

An estimated franchise fee monthly payment shall be payable to the county within 20 days after the close of each month. These payments shall be accompanied by an estimated monthly gross revenues report in a form pre-approved by the county. Each monthly estimated franchise fee payment shall be adjusted, as a credit or debit, by the difference between the estimated gross revenues collected during the preceding month and the actual gross revenues collected by the preceding month. Within 60 days after the close of each calendar year, the franchisee shall deliver to the county an annual gross revenues audit report prepared by a certified public accountant in a form pre-approved by the county. All amounts which are not paid when due and payable hereunder shall bear interest at the legal rate, as defined in Florida Statutes, until paid and franchisee shall be fined $100.00 a day until payment is made.

(3)

Notwithstanding the requirement of subsection (2) of this section of delivery of a monthly gross revenues report and an annual audit report by the franchisee, the county shall have the right and authority to inspect the franchisee's revenue records under the franchise and the right of audit and recomputation of any and all amounts payable under this section. All costs associated with any such audit shall be borne by the franchisee when said audit results in increasing, by more than ten percent, the franchisee's annual payment to the county.

(4)

No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the county may have for further operational sums payable under this article or for the performance of any other obligation hereunder until barred by the statute of limitations or the transpirance of three years, whichever may be shorter.

(l)

Franchise restrictions.

(1)

Any franchise granted under this article shall be nonexclusive.

(2)

No privilege or exemption shall be granted or conferred by any franchise granted under this article except those prescribed herein or as mandated by state or federal law.

(3)

Any privilege claimed under any such franchise by the franchisee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

(m)

Renewal of franchise.

(1)

During the six-month period which begins with the 36th month before the franchise expiration, the franchising authority may on its own initiative, and shall at the request of the cable operator, commence proceedings which afford the public in the franchise area appropriate notice and participation for the purpose of:

a.

Identifying the future cable-related community needs and interests; and

b.

Reviewing the performance of the cable operator under the franchise during the then current franchise term.

(2)

Upon completion of a proceeding under subsection (1) of this section, a cable operator seeking renewal of a franchise may, on its own initiative or at the request of the county, submit a proposal for renewal. Any such proposal shall contain such material as the county may require, including proposals for an upgrade of the cable system. The county may establish a date by which such proposal shall be submitted.

(3)

Upon submittal by a cable operator of a proposal to the county for the renewal of a franchise, the county administrator shall provide prompt public notice of such proposal and, during the six-month period which begins on the completion of any proceedings under subsection (1) of this section, renew the franchise or issue a preliminary assessment that the franchise should not be renewed and, at the request of the operator or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding to consider whether:

a.

The cable operator has substantially complied with the material terms of the existing franchise and with applicable law;

b.

The quality of the operator's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality or level of cable services or other services provided over the system, has been reasonable in light of community needs;

c.

The operator has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the operator's proposal; and

d.

The operator'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.

In any proceeding under this subsection, the cable operator shall be afforded adequate notice and the cable operator and the board or its designee shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceeding under subsection (1) of this section), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding.

At the completion of a proceeding under this subsection, the board shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the cable operator. Such decision shall state the reasons therefor.

(4)

Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in subsections a. through d. of subsection (3) of this section pursuant to the record of the proceeding under subsection (3). The board may not base a denial of renewal on a failure to substantially comply with the material terms of the franchise under subsection (3)a. or on events considered under subsection (3)b. in any case in which a violation of the franchise or the events considered under subsection (3)b. occur after the effective date of this article [November 23, 1988] unless the county has provided the operator with notice and the opportunity to cure, or in any case in which it is documented that the county has waived its right to object, or has effectively acquiesced.

(5)

Any cable operator whose proposal for renewal has been denied by a final decision of the board made pursuant to this section, or has been adversely affected by a failure of the board to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the provisions of 47 U.S.C. section 555 of the Cable Communications Policy Act of 1984.

The court shall grant appropriate relief if the court finds that:

a.

Any action of the board is not in compliance with the procedural requirements of this section; or

b.

In the event of a final decision of the board denying the renewal proposal, the operator has demonstrated that the adverse finding of the board with respect to each of the factors described in subsections a. through d. of subsection (3) of this section on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection (3).

(6)

Any decision of the board on a proposal for renewal shall not be considered final unless all administrative review has occurred or the opportunity therefor has lapsed.

(7)

For purposes of this section, the term franchise expiration means the date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on the date of the enactment of this article [November 15, 1988].

(8)

Notwithstanding the provisions of subsections (1) through (7) of this section, a cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time; and the board may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced). The provisions of subsections (1) through (7) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (1) through (7).

(9)

In the event the board elects not to grant a renewal of the franchise under the provisions of subsection (1) of this section or in the event a franchise is terminated under the provisions of section 30-52 of this article after the franchise holder has exhausted all administrative and legal remedies of appeal denying renewal of the franchise, the franchise holder shall have a period of one year to sell its CATV system to a person approved by the board for a new franchise, which approval shall not be unreasonably withheld, or a period of one year after termination of service to remove, at its expense, all portions of the CATV system from the public rights-of-way as described in section 30-53 of this article. In the event such previous franchise holder does not effectuate a sale of its CATV system to a person approved by the board for a new franchise or does not remove all portions of its CATV system from said public rights-of-way within said period of one year, the portions of the CATV system that remain within said public rights-of-way shall be considered abandoned and shall be governed by the provisions of section 30-53 of this article.

(10)

In the period between termination of the franchise and the granting of another franchise, but not to exceed 12 months, the franchisee shall continue to provide service to the public as if its franchise were still in effect.

(Ord. No. 88-90, § 3; Ord. No. 94-12, § 2; Ord. No. 96-15, § 1, 3-26-96)

Sec. 30-29. - Rights.

(a)

The right is hereby reserved to the county to adopt, in addition to the provisions contained herein and in existing applicable agreements, such additional regulations as it shall find necessary in the exercise of the police power; provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the terms and conditions of the franchise and the rights herein granted.

(b)

The county shall have the right during the life of this article to install and maintain free of charge upon the poles of the franchisee all wire and pole fixtures necessary for a police alarm system, or traffic-control system on the condition that such wire and pole fixtures do not interfere with the present and future CATV operation of the franchisee.

(c)

The county shall have the right to inspect at the franchisee's business office the maps, plans and other like materials of the franchisee at any time during normal business hours where such maps, plans and other materials are related to this article or any franchise granted by the county.

(Ord. No. 88-90, § 4)

Sec. 30-30. - Initial performance guarantee.

(a)

Within one year from the date of issuance of an original franchise or the extension of a service area, the franchisee shall accomplish construction of 25 percent of the proposed CATV system within the entire service area where the density is 35 homes per street or road mile, and shall thereafter equitably and reasonably extend energized cable to a substantial percentage of its franchise area each year. A substantial percentage is hereby determined to be 15 percent of the homes within the service area described in the franchise. Failure to accomplish said significant construction of the proposed CATV system within said service area within a period of one year from the date of issuance of an original franchise or the extension of a service area or failure to equitably extend energized cable to at least 15 percent of its franchise area each year thereafter may result in cancellation of said franchise by the board as provided in this article. However, said 15 percent shall only apply to areas where the density is 35 homes per street or road mile or more.

(b)

In the event a franchisee has not completed construction and is not offering CATV service to at least 85 percent of the homes within the service area described in its franchise at the expiration of five years from the date of the issuance of said franchise, the board shall have the right to withdraw a portion of said service area in the interest of the public convenience and necessity. Said action shall be taken only after a public hearing established by the board for the purpose of allowing the franchisee to show cause why such action should not be taken.

(c)

It shall be the responsibility of the public works administrator to inspect and verify performance.

(Ord. No. 88-90, § 5)

Sec. 30-31. - Rights to use streets not warranted.

It is understood that there may from time to time be within the county various streets which the county does not have the unqualified right to authorize a franchisee to use, because of reservations in favor of the dedicators or because of other legal impediments; therefore, in granting a franchise, the county does not warrant or represent as to any particular street or portion of a street that it has the right to authorize the franchisee to install or maintain portions of its system therein, and in each case the burden and responsibility for making such determination in advance of the installation shall be upon the franchisee.

(Ord. No. 88-90, § 6)

Sec. 30-32. - Other agreements, permit and easement requirements.

The county shall not be required to assume any responsibility for the securing of any rights-of-way, easements, or other rights which may be required by the franchisee for the installation of a CATV system, nor shall the county be responsible for securing any permits or agreements with other persons or utilities.

(Ord. No. 88-90, § 7)

Sec. 30-33. - No property rights conveyed.

Nothing in this article or in the franchise shall grant to the franchise holder any right of property in county-owned property or public rights-of-way as described in section 30-28(a) of this article; nor shall the county be compelled to maintain any of its property or said public rights-of-way any longer than, or in any fashion other than in the county's judgment, as its own business or needs may require. In addition, the franchise holder shall not be entitled to any compensation for damages from the county as a result of having to remove or relocate its property, lines and cables from said public property or public rights-of-way in the event the county determines that a necessity exists for such removal or relocation.

(Ord. No. 88-90, § 8)

Sec. 30-34. - Jurisdiction of other regulatory bodies or agencies.

Nothing herein shall be construed to grant a franchisee any right or privilege lawfully within the jurisdiction of any other regulatory body or agency.

(Ord. No. 88-90, § 9)

Sec. 30-35. - Liability, indemnification.

(a)

Liability in case of emergency. If, at any time in case of fire, disaster or other emergency, it shall appear necessary in the judgment of the county to cut, move or otherwise interfere with any of the wires, cables, amplifiers, appliances or appurtenances thereto of the franchisee, the county shall not be liable for any injury or damage to such property and equipment of the franchisee as a result of such cutting, moving or interference.

(b)

Indemnification.

(1)

By acceptance of the franchise granted under this article, the franchisee agrees to indemnify, defend and hold harmless the county, its officers, boards, commissioners, agents and employees, from any and all actions, claims, suits, penalties and judgments for damages at law or equity of any nature whatsoever arising out of or through:

a.

The acts or omissions of the franchisee, its servants, employees and agents; and/or

b.

The conduct of its business as a cable television communications service.

(2)

The franchisee shall defend in the name of the county, and pay all expenses incurred by the county in defending itself, with regard to all damages and penalties the county may legally be required to pay as a result of a franchise granted under this article. Damages and penalties shall include but not be limited to damages arising out of copyright infringement and all other damages arising out of the construction, installation, operation and maintenance of its cable communications system, whether or not any such act or omission is authorized, allowed or prohibited by this article or the franchise granted hereunder. Expenses shall include all incidental expenses, including attorney fees and the reasonable value of any services rendered by the office of the county attorney.

(Ord. No. 88-90, § 10)

Sec. 30-36. - Insurance.

(a)

Required.

(1)

Simultaneoulsy with the execution of the franchise agreement, the franchisee shall provide proof of general liability insurance insuring against claims for liability and damages. The franchisee shall maintain said insurance throughout the term of the franchise; and said insurance shall include, at a minimum, the following types of insurance coverage in amounts not less than shown:

a.

Worker's compensation. Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employers' liability with a limit of $500,000.00 each accident.

b.

Comprehensive general liability. Shall have minimum limits of $1,000,000.00 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and/or operations, independent contractors, and subcontractors and/or completed operations, broad form property damage, XCU coverage, and a contractual liability endorsement.

c.

Business auto policy. Shall have minimum limits of $1,000,000.00 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include owned vehicles, hired and nonowned vehicles and employee nonownership.

(2)

The insurance coverage obtained by the franchisee in compliance with this section shall be approved by the risk management administrator and the county attorney, and such insurance policies, along with written evidence of payment of required premiums, shall be filed and maintained with the county administrator during the term of the franchise.

(3)

The insurance coverage and policy requirements may be changed and increased from time to time at the discretion of the board of county commissioners to reflect changing liability exposure and limits.

(4)

Nothing herein is intended as a limitation to the extent of any legal liability of the franchisee.

(b)

Insurance policy provisions.

(1)

Resident company and agent. All insurance policies and bonds as are required of a franchisee in this article shall be written by a company or companies authorized and qualified to do business in the state, and have a minimum rating of "A XX" in Best's Rating Guide.

(2)

Certificates and renewals. Certificates and renewals of all coverage required shall be promptly filed by the franchisee with the county administrator. Each policy shall require notice, and the franchisee shall notify the county within 30 days of any cancellation or modification of any insurance coverage required by this article, which notice shall be sent by registered mail to the county administrator or his designee. Renewal certificates shall be filed with the county no less than 30 days prior to the policy expiration date.

(3)

Additional insured. The county shall be included as an additional insured on both the comprehensive general liability and business auto liability policies.

(4)

Premium payment. Companies issuing the insurance policies shall have no recourse against the county for payment of any premiums or assessments, and same shall be the sole responsibility of the franchisee.

(5)

When effective. No franchise granted under this article shall be effective unless or until each of the foregoing policies' certificates of insurance as required in this section have been delivered to the county.

(6)

Not waiver. Neither the provisions of this section, nor the acceptance of any bonds by the county pursuant to this article, nor any damages received by the county thereunder shall be construed to excuse performance by a franchisee or limit the liability of a franchisee for damages to the full amount of the bonds or otherwise.

(Ord. No. 88-90, § 11; Ord. No. 96-15, § 2, 3-26-96)

Sec. 30-37. - Bonding requirements.

(a)

Construction bond.

(1)

Simultaneously with the execution of the franchise agreement, the franchisee shall post with the county either a construction bond or an irrevocable letter of credit issued by a state bank or a federally insured lending institution in an amount equal to 110 percent of the projected cost of construction and installation of the system. Existing franchisees shall post such a bond or irrevocable letter of credit with the county and as required by the county administrator at the same time as and in conjunction with submission of a construction plan or reconstruction plan as required by section 30-42(a) of this article, and in any event at least 30 days prior to the start of construction or reconstruction. Said bond or letter of credit will be returned at the end of six years to the franchisee or at such prior time as the system has been completed and approved by the county, provided:

a.

That the franchisee has met or exceeded the construction schedule required by section 30-30 and section 30-42; and

b.

That the franchisee has in good faith complied with all terms and conditions of the franchise agreement and all provisions of this article as well as the rules and regulations herein required and permitted.

(2)

If the franchisee submits a cable system construction or reconstruction map and schedule pursuant to section 30-42(a) of this article which provides for construction of the system in progressive stages to provide service to specified and definitive sections of his franchise area, the franchisee may submit a construction bond or irrevocable letter of credit equal only to 110 percent of the projected cost of construction and installation of each specified and definitive section of the system in lieu of the bond or letter of credit required by subsection (a)(1) of this section; provided, however, that the franchisee must complete construction of the specified section to which the construction bond applies prior to the initiation of construction of a subsequent section.

(3)

If the franchisee shall fail to perform the obligations heretofore set out in this section, the franchisee shall forfeit in total to the county the hereinabove referenced construction bond.

(4)

Said construction bond shall not be in lieu of any other guarantee or indemnification required by this article and shall be in addition to the performance bond or irrevocable letter of credit required in subsection (b)(1) of this section.

(b)

Permanent performance and payment bond.

(1)

Simultaneously with the execution of the franchise agreement or assignment of franchise in the case of a transfer, the franchise shall, furnish to the county a performance bond or an irrevocable letter of credit issued by a state bank or a federally insured lending institution in the amount of $100,000.00. The performance bond or letter of credit shall be used to guarantee the compliance with performance requirements and payment of all sums which may become due to the county under this article and/or under any franchise agreement entered into by the county and the franchisee. The performance bond or letter of credit shall be maintained in the full amount specified herein throughout the term of the franchise and for one year after the franchise expires or is terminated, without reduction or allowances for any amounts which are withdrawn or paid pursuant to this article.

(2)

All CATV operators in the unincorporated areas of the county who possess a valid, current franchise, that is in good standing, to operate a CATV operation as of the effective date of this article [November 23, 1988] shall not be required to furnish a performance bond until such time as current franchise expiration, transfer or renewal. Current franchisees may negotiate accelerated franchise renewals pursuant to section 30-28(g).

(3)

The rights reserved to the county with respect to the bond or the letter of credit are in addition to all other rights of the county.

(Ord. No. 88-90, § 12; Ord. No. 96-15, § 3, 3-26-96)

Sec. 30-38. - FCC petition and license.

The franchisee shall, except for existing licenses, within 60 days after the issuance of a license under this article, apply to the FCC for a registration statement or such other certificate or license as may be required for the operation of the cable system. Failure of the franchisee to obtain the necessary permits and licenses within one year of the issuance of a franchise under this article shall cause the franchise to become null and void, unless the franchisee petitions the board for an extension of time upon good cause show.

(Ord. No. 88-90, § 13)

Sec. 30-39. - Compliance with applicable laws and ordinances.

The franchisee shall at all times during the life of this article be subject to all lawful exercise of the police power by the county and to such reasonable regulation by the county as the county shall hereafter provide. The franchisee shall comply with all laws, statutes, codes, ordinances, rules or regulations applicable to its business. Specific and exact compliance to all zoning and building regulations shall be adhered to by the franchisee.

(Ord. No. 88-90, § 14)

Sec. 30-40. - Signal quality requirements.

(a)

General standards.

(1)

Systems shall be maintained in such a manner as to prevent radiation from its facilities in excess of the limits specified in applicable rules and regulations of the FCC.

(2)

The systems shall pass standard color television and FM signals without degradation.

(3)

There shall be no visible cross-modulation products produced in the cable TV systems on any channel.

(4)

The system and all equipment shall be designed and rated for 24 hours per day continuous operation.

(b)

Technical specifications.

(1)

CATV systems shall be installed and maintained in accordance with FCC technical specifications, regulations and industry standards as reflected in the Standards of Good Engineering Practices for Measurements on Cablevision Systems, published by the National Cable Television Association to the effect that the customers shall receive the highest possible level of service.

(2)

Underground construction in streets shall be of such quality as to assure continuity of service without the necessity of frequent street or pavement cutting and shall contain a self-sealing device to ensure all such cables against leakage.

(3)

No portion of the franchisee's system shall hamper the ability of nonsubscribers from receiving TV broadcast signals off the air waves where, prior to the CATV system's existence, such signals could be received by nonsubscribers' television equipment.

(4)

The levels of intensity or strength permitted on any drop shall be closely adjusted to prevent stray radiation of the CATV signal.

(5)

The franchisee shall take steps as necessary to prevent instances of extensive RF radiation.

(6)

All amplifier housing shall be effective shields against radiation by the amplifying equipment.

(Ord. No. 88-90, § 15)

Sec. 30-41. - Service requirements.

(a)

System capability.

(1)

The franchisee's cable distribution system of a franchise granted pursuant to this article shall be capable of carrying at least 54 television channels and FM radio to each subscriber.

(2)

Each such franchisee shall at all times provide programming on a minimum of 30 channels and shall provide on its basic service, programming on a minimum of 12 channels, unless otherwise preempted by the FCC, and provided that such programming is available. Each franchisee shall make available without charge to the county unlimited time on at least one local government access channel.

(3)

The franchisee shall extend cable television service to any building within the county which is located on property within 150 feet of any portion of the distribution facilities of the franchisee's existing plant at the time of application for service. Such extension shall be made within 60 calendar days after receipt of a legitimate written request for such service. There shall, however, be no obligation on the part of the franchisee to extend cable service beyond 150 feet from existing distribution facilities unless there is a density of at least 35 homes per street or road mile contiguous to the existing plant. Provided, however, the franchisee shall serve any building in excess of 150 feet if the owner of said building is willing to pay the actual cost of the service extension to such building.

(b)

Lock-out devices. The franchisee shall make available, to any residential subscriber so requesting, a "parental guidance" or "lock-out" device which shall permit the subscriber, at his or her option, to eliminate the audio and visual aspects from any channel reception. The franchisee shall annually advise all residential subscribers regarding the availability of this device, and an additional reasonable charge for any such device may be imposed.

(c)

Denial of service. The franchisee may deny service to any subscriber where such subscriber has previously been a subscriber of the franchisee and the franchisee previously terminated subscriber's service due to nonpayment.

(d)

Emergency use of facilities. The franchisee shall install and maintain an audio override capacity on all channels for transmission of emergency messages and alerts and shall provide for character-generated "crawl" information to be superimposed for the hearing impaired on all video channels. In the case of any emergency or disaster, as determined by the county, franchisees shall, upon request of the county, make the override capacity available to the county without charge for use during emergency or disaster period. All CATV operators in the unincorporated areas of the county who possess a valid, current franchise, that is in good standing, to operate a CATV operation as of November 23, 1988 shall not be required to provide "crawl" information on more than one identified and designated channel until such time as the current franchise expires, is transferred or renewed.

(Ord. No. 88-90, § 16)

Sec. 30-42. - Cable system construction.

(a)

Construction map and schedule. The franchisee shall submit a construction plan or reconstruction plan which shall be incorporated by reference and made a part of the franchise agreement. The plan shall include cable system design details, equipment specifications, and design performance criteria. The plan shall also include a map of the entire franchise area and shall clearly delineate the following:

(1)

Areas within the franchise area where the cable system will be initially available to subscribers, including a schedule of construction for each year that construction or reconstruction is proposed; and

(2)

Areas within the franchise area where extension of the cable system cannot reasonably be done due to lack of present or planned development or other similar reasons, with the areas and the reasons for not serving them clearly identified on the map.

Construction or reconstruction plans and maps shall be submitted to the county administrator's office at least 90 days prior to the start of construction or reconstruction, unless the county agrees to a lesser time period.

(b)

Early construction and extension. Nothing in this section shall prevent the franchisee from constructing or reconstructing the cable system earlier than planned. However, any delay in the cable system construction beyond the times specified in the plan report timetable shall require application to and consent by the board.

(c)

Delay in construction timetable. Any delay beyond the terms of construction or reconstruction timetable, unless approved by the board, will be considered a violation of this article for which the provisions of section 30-51 shall apply as determined by the board.

(d)

Commencement of construction or reconstruction. Construction or reconstruction in accordance with the plan submitted by the franchisee shall commence as soon after the grant and acceptance of a franchise as is reasonably possible. Failure to proceed expeditiously shall be grounds for revocation of a franchise. Failure to proceed expeditiously shall be presumed in the event construction or reconstruction is not commenced within 12 months of the grant and acceptance of a franchise.

(e)

Additional mandatory extension. Extension of a cable system into any area not specifically treated in the plan shall nonetheless be required if the terms of any of the following conditions are met:

(1)

Mandatory extension rule. The franchisee shall extend cable system upon request to any contiguous area not designated for initial cable service in the construction plan when potential unserved subscribers can be served by extension of cable system past dwelling units equivalent to a density of 35 homes per street mile.

(2)

Early extension. In areas not meeting the requirements for mandatory extension of cable service, the franchisee shall provide, upon the request of five or more potential subscribers desiring cable service, an estimate of the costs required to extend cable service to said subscribers. The franchisee shall then extend cable service upon request of said potential subscribers according to the existing rate schedule. The franchisee may require advance payment or assurance of payment satisfactory to the franchisee. The amount paid by subscribers for early extension shall be nonrefundable; and in the event the area subsequently reaches the density required for mandatory extension, such payments shall be treated as consideration for early extension.

(f)

Prior approval by county. Except for individual service drops, the franchisee shall not erect any pole, run any line, or make any attachment, nor shall any construction on public property and related to the delivery of cable services be commenced without the prior approval of the public works administrator. Prior to the issuance of such approval, the franchisee shall submit to the public works administrator:

(1)

Strand maps of the system authorized by the proposed franchise showing plant routing, utility company poles to which the system facilities are to be attached; and

(2)

True copies of all pole attachment agreements made by the franchisee with United Telephone Company and Florida Power and Light Company and any other utility or company to which an attachment is to be made.

(g)

County's right to inspect. The county shall have and maintain the right to inspect the installation, construction, operation and maintenance of the system by the franchisee to ensure the proper performance of the terms of this article.

(h)

Joint or common use of poles.

(1)

To enhance the public convenience and to minimize the placement of poles and wire holding structures within public ways, the franchisee shall enter into agreements for the joint or common use of poles or other wire-holding structures where poles or other wire holding structures already exist for the use in serving the county or serving the public convenience. However, no location of any pole or wire-holding structure of the franchisee shall be a vested interest, and such pole or structure shall be removed or modified by the franchisee at its own expense whenever the public works administrator determines it to be necessary in conjunction with a county project.

(2)

The county shall be permitted to make use of the poles or other wire-holding structures of the franchisee, without charge or remuneration to the franchisee, if the public works administrator determines that the use would enhance the public convenience and would not unduly damage, hamper or interfere with the franchisee's present and future operations.

(i)

Permits, easements and agreements. The county shall not be required to assume any responsibility for the securing of any rights-of-way or easements, nor shall the county be responsible for securing any permits or agreements with other persons or utilities.

(j)

Location/relocation of facilities.

(1)

The franchisee's system may be installed aboveground in areas where existing power or telephone facilities are aboveground, and shall be installed underground in areas where existing power and telephone facilities are installed underground. The franchisee shall endeavor to enter into agreements for the purpose of sharing poles with any person now or hereafter authorized by license, franchise or otherwise to erect and maintain overhead or underground wires and cables, it being the intent hereof that all aboveground installations of CATV systems shall be accomplished on existing utility poles and easements where feasible, and installed only parallel to existing facilities. Where new poles are installed, prior approval of the public works administrator as to location must be received.

(2)

The franchisee shall not place any fixtures or equipment where the same will interfere with any gas, electric, CATV, telephone, sewer, drainage or water lines, fixtures or equipment; and the location by franchisees of their lines and equipment shall be in such a manner as not to interfere with the usual travel on or proper use of said streets, the use of the same for the installation or operation of gas, electric, telephone, water, drainage, or sewer lines equipment, or the rights or reasonable convenience of owners of property which abuts any street.

(3)

Franchisees shall relocate any aboveground portion of their systems underground in any county easement or right-of-way area where existing power and telephone facilities are hereafter so relocated unless a franchisee elects to purchase said poles owned by the utility company or is permitted to remain on said poles pursuant to contractual pole attachment agreements. Any such relocation shall be at their expense, and such relocation shall be accomplished concurrently with relocation or any such power and telephone facilities.

(4)

The franchisee shall have the authority to trim trees upon or overhanging streets, alleys, sidewalks and public ways and places of the county so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee, in a manner approved by and acceptable to the county. At the option of the county, such trimming may be done by it or under its supervision and direction at the expense of the franchisee, if prior notification has been given to the franchisee and the franchisee thereafter failed to respond.

(5)

Franchisees shall promptly, upon the county's request and at their own expense, modify or relocate when necessary any part of their systems to accommodate the abandonment of any street.

(6)

No location of any underground or aboveground facility or structure of any franchisee on public property shall be a vested interest, and such poles or structures shall be removed or modified by a franchisee at its own expense whenever the county determines that the public convenience would be enhanced thereby.

(k)

Safety.

(1)

A franchisee's work performance, equipment and job sites shall be in compliance with all applicable state and federal requirements. A franchisee's work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares or other devices as are required by the Manual on Uniform Traffic Control Devices (FDOT) to protect all members of the public having occasion to use the portion of the streets involved or adjacent property.

(2)

The franchisee shall at all times employ due care and shall install, maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. All structures and all lines, equipment and connections in, over, under and upon the streets of the county wherever situated or located shall at all times be kept and maintained in a safe, suitable, substantial condition, and in good order and repair. The franchisee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the National Electrical Safety Code promulgated by the National Bureau of Standards, the National Electrical Code of the American Insurance Association, and the Bell System Code of Pole Line Construction.

(l)

Inspection and performance test.

(1)

The county shall have the right to make such inspections as it shall find necessary to ensure compliance with terms of a franchise and other pertinent provisions of law. The county shall have the right to require the franchisee to provide and keep accurate calibrated test equipment immediately available for use in the county for the testing of all service and operation standards in this article, and the franchisee shall conduct such tests as requested by the county in order to establish the level of performance of the system.

(2)

The franchisee shall furnish the county administrator with a written report of the results of franchisee's annual system proof of performance tests, as required by the FCC. The county may require additional tests as proof of performance should it have reasonable cause to believe that a franchisee's system is not providing quality service transmission to its subscribers. The franchisee shall pay the costs incurred by the county for any technical assistance deemed necessary by the county for obtaining independent verification of technical compliance with all standards. Reports covering the following will be maintained and made available to the county manager upon request:

a.

Complaints, numbers, nature and corrective actions taken, as required by section 30-55(b)(4).

b.

Progress of system expansion and number of subscribers.

(m)

Transfer prohibited.

(1)

A franchisee shall not assign, sell or transfer its plant or system or any portion thereof, nor any right, title or interest in same, nor shall a franchisee transfer or assign any right under this article or under a franchise agreement to any other person without prior approval of the county, which approval shall not be unreasonably withheld, and only then upon such conditions as the county deems necessary and proper. Prior approval of the county shall be required where ownership or control of more than 30 percent of the right of control of franchisee is assigned to or acquired by a person or group of persons acting in concert, none of whom already own or control 30 percent or more of such right of control, singularly or collectively.

(2)

Any transferee of a franchisee's plant or system or any portion thereof shall submit to the county information which is required of an initial applicant as found in section 30-28(c)(1), (c)(2) and (c)(3) of this article and must agree to comply with all provisions of this article before the county may approve such transfer.

(Ord. No. 88-90, § 17; Ord. No. 96-15, § 4, 3-26-96)

Sec. 30-43. - New developments.

(a)

Public hearing. The board shall have the authority to order a public hearing on the provision of additional channel capacity by franchisee or on the inclusion in the franchisee's cable system of state-of-the-art technology or upgraded facilities. Notice of such hearing shall be provided to the franchisee and the public not later than 30 days prior to such hearing.

(b)

Determination of need. If after such hearing the board determines that:

(1)

There exists a reasonable need and demand for additional channel capacity and/or state-of-the-art technology or upgraded facilities;

(2)

Provision has been made or will be made for adequate rates which will allow a franchisee a fair rate of return on its investment (including the investment required to provide the additional channels and/or the state-of-the-art technology or upgraded facilities); and

(3)

Such requirements will not result in economic waste for the franchisee.

The board may order franchisee to provide a specified number of additional channels and/or specified state-of-the-art technology or upgraded facilities. In considering the economic feasibility of required cable system improvements, the board may consider the extension of the term of the franchise to permit the recovery of the cost of said improvements. Any proposed extension of franchise shall be treated procedurally in accordance with the procedure for franchise renewal, as stated in section 30-38.

(Ord. No. 88-90, § 18)

Sec. 30-44. - Areawide interconnection of cable systems.

(a)

Interconnection required. A franchisee shall interconnect access channels of the cable system with any or all other cable systems in contiguous adjacent areas, upon the directive of the county. Interconnection of cable systems may be done by direct cable connection, microwave link, satellite, or other appropriate method.

(b)

Interconnection procedure. Upon receiving the directive of the county to interconnect, a franchisee shall immediately initiate negotiations with the other affected cable system or systems in order that all costs may be shared equally among cable systems for both construction and operation of the interconnection link.

(c)

Relief. A franchisee may be granted reasonable extensions of time to interconnect or the county may rescind its order to interconnect upon petition by the franchisee to the county. The county shall grant said request if it finds that a franchisee has negotiated in good faith and has failed to obtain an approval from the cable system or systems of the proposed interconnection or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates.

(d)

Cooperation required. A franchisee shall cooperate with any interconnection corporation, regional interconnection authority or other county, state and federal regulatory agency which may be hereafter established for the purpose of regulating, financing, otherwise providing for the interconnection of cable systems beyond the boundaries of the county.

(Ord. No. 88-90, § 19)

Sec. 30-45. - Local office; operations.

(a)

Local office. The franchisee shall, throughout the entire duration of its franchise, maintain an office within the county open to the public during all reasonable business hours.

(b)

Franchise officials. The franchisee shall designate a resident manager of the system, and such person shall reside in close proximity to the service area of the franchisee and shall be active in the management of the system in the county throughout the duration of the franchise. The franchisee shall notify the county in writing of any change of the resident manager within 30 calendar days of the change.

(c)

Maintaining telephone access. Each franchisee shall maintain within its office a telephone system with a toll-free telephone number for all exchanges serving the franchise area; and such system shall be so operated that complaints and requests for repairs may be received at any time 24 hours a day, each day of the year, by a person representing the franchisee.

(d)

Studio facilities. Each franchise existing prior to this article and serving a minimum of 25,000 subscribers as of the enactment of this article [November 15, 1988] or upon attaining a minimum of 25,000 subscribers shall maintain studio facilities adequate to serve the subscribers of the franchise within the county, as determined by the board. Each franchise granted pursuant to this article shall, upon serving a minimum of 25,000 subscribers, maintain studio facilities adequate to serve the subscribers of the franchise within the county, as determined by the board. Consistent with community needs and interests, facilities shall be adequate to provide the space, lighting, and audio and visual equipment necessary for on-site videotaping and audio recording of educational, governmental or civic programs. Facilities will also have the capability of transmitting locally originated programs to all subscribers being served by the franchisee's system.

(e)

Resident agents. Each franchisee shall maintain a force of resident agents and employees to provide prompt response to subscribers within the county at all times, and shall have sufficient employees to provide safe, adequate and prompt service for its facilities.

(Ord. No. 88-90, § 20)

Sec. 30-46. - Access to records.

The county shall have access, at all reasonable hours, to plans, contracts, engineering, accounting, financial, statistical, customer and service records relating to the property and operation of the franchisee's county system and to such other records as may be required by the county to perform its regulatory responsibilities under this article. Such records shall be made available upon reasonable notice at the franchisee's local office. With the exception of those records contained in the application submitted under section 30-28(c), such records shall not constitute public records.

(Ord. No. 88-90, § 21)

Sec. 30-47. - Submission of financial reports.

The franchisee shall submit revenue reports to the office of the county manager annually, but no later than 60 days from the due date as required by section 30-28(k), including a detailed income and expense statement applicable to its operation during the preceding 12-month period, a balance sheet and a statement of its properties devoted to the cable system operation, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. The annual revenue reports so submitted shall be specific as to the extent of operations of the franchisee within the unincorporated area of the county and shall include number of homes passed, number of cable plant miles, number of subscribers for each type of cable service offered and the gross revenues from all sources attributable to the operations of the franchisee from within the county.

(Ord. No. 88-90, § 22)

Sec. 30-48. - Rate schedule.

(a)

Filing of rate schedules. The franchisee shall file with the county schedules which shall describe all services offered, rates and charges for all services, and all terms or conditions relating thereto.

(b)

Subscriber payment of rates.

(1)

The franchisee may refuse to furnish or may discontinue furnishing service to a subscriber who fails to pay installation fees or monthly service charges when due or for other good cause, but only after written notice to that subscriber.

(2)

The franchisee may require subscribers to pay for the installation and for each month of basic service in advance at the beginning of each month.

(3)

Nothing in this section shall be construed to prohibit waiver or reduction of charges for initial installation service, reconnection or other service charges that are made for promotional purposes.

(Ord. No. 88-90, § 23)

Sec. 30-49. - Preferential or discriminatory practices prohibited.

The franchisee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage. This provision shall not apply to discounts provided to owners or operators of multiple-unit dwelling complexes when such discounts or contract rates are provided under contract or "bulk bill" agreements.

(Ord. No. 88-90, § 24)

Sec. 30-50. - Rules of franchise.

The franchisee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of his business as shall be reasonably necessary to enable the franchisee to exercise his rights to perform his obligations under this article and to assure an uninterrupted service to each and all of his customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions of this article or the franchise agreement and shall be filed with the county.

(Ord. No. 88-90, § 25)

Sec. 30-51. - Liquidated damages.

(a)

Failure to comply with time and performance requirements. By acceptance of any franchise granted by the county, a franchisee understands and shall agree that failure to comply with any time and performance requirements as stipulated in this article and/or a franchise agreement will result in damage to the county, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; the franchise agreement shall include but not be limited to provisions for liquidated damages to be paid by the franchisee, in amounts set forth in the franchise agreement and chargeable to the performance bond or letter of credit required by section 30-37 for the following concerns:

(1)

For failure to complete system construction or reconstruction in accordance with this article unless the board specifically approves the delay by motion or resolution, a franchisee shall pay $500.00 per day for each day, or part thereof, the delinquency continues;

(2)

For failure to provide, upon written request, data, documents, reports, and/or information, a franchisee shall pay $50.00 per day for each day, or part thereof, that each violation occurs or continues;

(3)

For failure to test, analyze and report on the performance of the system following a written request to do so, a franchisee shall pay $100.00 per day for each day, or part thereof, that such noncompliance continues;

(4)

For failure to provide in a continuing manner the types of services proposed in the accepted application or renewal proposal, unless the board specifically approves a delay or change or the franchisee has obtained modification of its obligation under 47 U.S.C. section 545 of the Cable Communications Policy Act of 1984, a franchisee shall pay $500.00 per day for each day, or part thereof, that each noncompliance continues;

(5)

For failure of franchisee to comply with operational, maintenance, technical standards or consumer protection standards, franchisee shall pay $500.00 for each day, or part thereof, that such noncompliance continues; and

(6)

For any other action or nonaction by the franchisee, as agreed upon between the county and the franchisee, and set forth in the franchise agreement.

Nothing in this section shall preclude further liquidated damages as agreed upon by the parties in the franchise agreement.

(b)

Notice of intention to assess. If the county administrator concludes that a franchisee is liable for liquidated damages pursuant to this section, he shall issue to the franchisee by certified mail a notice of intention to assess liquidated damages. The notice shall set forth the basis of the assessment, and shall inform the franchisee that liquidated damages will be assessed from the date of the notice unless the assessment notice is appealed for hearing before the board and the board rules:

(1)

That the violation has been corrected; or

(2)

That an extension of time or other relief should be granted.

A franchisee desiring a hearing before the board shall send a written notice of appeal of assessment of liquidated damages by certified mail to the county administrator within ten days of the date on which the county sent the notice of intention to assess liquidated damages. The hearing on the franchisee's appeal shall be within 30 days of the date on which the county receives the written notice of appeal. After the hearing, if the board sustains in whole or in part the county administrator's assessment of liquidated damages, the county administrator may at any time thereafter draw upon the performance bond or the letter of credit required by this article. Unless the board indicates to the contrary, said liquidated damages shall be assessed beginning with the date on which the county sent the notice of the intention to assess liquidated damages and continuing thereafter until such time as the violation ceases, as determined by the county administrator.

(Ord. No. 88-90, § 26; Ord. No. 94-12, § 3)

Sec. 30-52. - Termination.

(a)

Right of termination. The county reserves the right to suspend, terminate and cancel a franchise and all rights and privileges of a franchisee thereunder after due process as specified by subsection (c) of this section for just and reasonable cause or in the event that any one of the following occurs:

(1)

The franchisee, after 30 days' notice by certified mail by the county, violates any provision of this article or any rule, order or determination of the county made pursuant to this article, except that if such violation by the franchisee is without fault or through excusable negligence.

(2)

The franchisee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt.

(3)

The franchisee attempts to evade any of the provisions of this article or of the franchise agreement or practices any fraud or deceit upon the county.

(4)

The franchisee fails to commence construction within one year from the effective date of this article.

(5)

The franchisee fails to complete construction pursuant to the requirements of this article within the time required by its franchise.

(6)

The franchisee fails to provide service to its subscribers as required by the terms of this article, the franchise agreement, or the Cablevision Act of 1984, as amended, whichever is stricter.

(b)

Right of suspension. The county reserves the right to suspend any or all of the rights of a franchisee upon a finding that the franchisee is failing to provide efficient service to its subscribers within the unincorporated areas of the county or for any grounds specified in subsection (a) of this section. This shall include the right of the county to prohibit further expansion of service areas until service in the areas being served is brought up to minimum acceptable standards.

(c)

Procedures for termination. The franchise may be terminated in accordance with the following procedures:

(1)

The county administrator shall notify the franchisee in writing of the exact nature of the alleged violation constituting a ground for termination and give the franchisee 30 days, or such other greater amount of time as the county administrator may specify, to correct such violation or to present facts and argument in refutation of the alleged violation.

(2)

If within the designated time the franchisee does not remedy and/or put an end to the alleged violation, the board, after a public hearing, may direct the termination of the franchise if it determines that such action is warranted.

(Ord. No. 88-90, § 27)

Sec. 30-53. - Removal, abandonment and restoration of system.

(a)

Removal required. A franchisee shall promptly remove from the streets or public places all portions of the system and poles of such system, other than any which the county may permit to be abandoned in place, in the event any of the following occurs:

(1)

In the event that the use of a part of its system is discontinued for any reason for a continuous period of 12 months.

(2)

In the event such system or property has been installed in any street or public place without complying with the requirements of the franchisee's franchise or this article.

(3)

In the event that the franchise has been terminated, canceled or has expired without renewal, assignment or transfer.

(b)

Removal procedures. The franchisee shall promptly, upon being given 30 days' written notice, begin to remove from the streets all property and poles of the CATV system other than those which the county, in its discretion, may permit to be abandoned.

(c)

Abandonment.

(1)

Any property of the franchisee remaining in place after the reasonable time limit set by the county, after the termination or expiration of the franchise, shall be considered permanently abandoned.

(2)

The failure to reclaim property, before it is considered to be permanently abandoned as outlined in this section, shall constitute a franchise violation and shall cause forfeiture of the permanent performance bond and, if it is still in effect, forfeiture of the initial construction bond unless the county agrees to accept transfer of ownership of the abandoned property. In that event, the franchisee shall submit to the county an instrument in writing, to be approved by the county attorney, transferring to the county the ownership of such property.

(d)

Restoration required.

(1)

In the event of such removal as referenced herein, the franchisee shall promptly restore the street or other area from which such property was removed to the condition existing prior to the disruption of the street or other area.

(2)

If a franchisee fails to properly and promptly restore the area, the county, at its election, may restore the area and cause forfeiture of the permanent performance bond and, if it is still in effect, forfeiture of the construction bond in order to reimburse the county for any costs and expenses it incurs for restoring the area.

(Ord. No. 88-90, § 28)

Sec. 30-54. - Public, educational and institutional services.

(a)

Public service. The franchisee shall provide, upon written request by the county, one basic service drop for CATV service without installation or monthly charge to the board of county commission office, public schools, county-owned and -operated emergency medical services stations, fire stations, civil defense facilities, satellite government services buildings, and the county sheriff's department; provided, however, that the cost of the installation of said service drop beyond 150 feet from the distribution line shall be borne by the appropriate governmental or private body.

(b)

Local government and educational access channels.

(1)

The franchisee shall make available unlimited time on at least one channel for local government access at no charge to the county, and the county shall adopt operating rules for such a channel.

(2)

The franchisee shall make available at least one channel for the use of state and county public educational authorities free of charge. The franchisee shall adopt operating rules for the educational access channel and shall file a copy of said rules with the county administrator's office.

(3)

One channel may be designated by the franchisee for both local government access and educational access until such time as the county shall determine that the demand exists for more than one channel. Thereafter, upon written notice from the county, the franchisee shall comply with the county's request for additional channels pursuant to this section.

(Ord. No. 88-90, § 29)

Sec. 30-55. - Consumer protection provisions.

(a)

Definitions. For purposes of this section, the following terms and words shall have the meaning herein unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural.

Conditions beyond the control of a franchisee shall include (1) hurricanes, floods, windstorms and tornadoes, (2) fires and explosions, (3) vandalism, sabotage and tampering by subscribers, (4) construction cuts and other major damages by others of the cable trunk and distribution system, (5) transmittal failure by cable programming providers, both broadcast and satellite fed, (6) and commercial electrical power outages in areas where the cable system does not have backup power installed.

Normal operating conditions means those service conditions which are within the control of the franchisee. Those conditions which are not within the control of the franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the franchisee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade of the cable system.

Service interruptions means the loss or deterioration of picture or sound of one or more channels of a single subscriber, excluding interruptions caused by the program originator.

System interruption means the loss of picture or sound of one or more channels of multiple subscribers in common system distribution or trunk service area or areas, such as in subdivisions and neighborhoods.

(b)

Service.

(1)

The franchisee shall not without good cause fail to provide available service to individuals or prospective subscribers, nor shall the franchisee terminate service without good cause. Service shall be provided to all interested customers where economically feasible.

(2)

Termination of services. Upon termination of service to any subscriber, the franchisee shall promptly remove all portions of its system, facilities and equipment from the premises of such subscriber upon his request.

(c)

Customer complaints.

(1)

All subscriber complaints regarding quality of service, equipment malfunctions and similar matters shall be acted upon by the franchisee as soon as possible.

(2)

Except where there exists an emergency situation necessitating a more expedited procedure, the franchisee may interrupt service, for the purpose of repair or upgrading of the system, only during periods of minimum use.

(3)

The franchisee shall establish procedures for receiving, acting upon and resolving subscriber complaints. These procedures shall be filed with the county administrator. The franchisee shall furnish a notice of such procedures to each subscriber at the time of initial subscription to the system and at least once a year thereafter, which notice shall include complaint telephone numbers of the franchisee.

(4)

The franchisee shall keep a record of and investigate all written complaints from subscribers. Such records shall identify the subscriber, his address, the nature, location and date of the complaint, and a technician's report on the disposition of the complaint. The county may, during normal business hours, inspect the subscriber written complaint records of the franchisee which shall be kept in the public inspection file.

(5)

The county administrator is hereby designated by the county as having primary responsibility for the continuing administration of the franchise and implementation of complaint procedures.

(6)

The franchisee shall within seven days after receiving written request from the county, send a written report to the county with respect to any complaint. The report to the county shall provide a full explanation of the investigation, findings and corrective steps taken by the franchisee.

(7)

In all situations where cable service is disrupted to 500 or more subscribers for a time period greater than four hours due to the franchisee's plant equipment failure, the franchisee shall notify the office of the county administrator immediately.

(d)

Customer's right upon failure of service.

(1)

Efficient repairs and services. Each franchisee shall render efficient service, make prompt repairs, and interrupt the service only for good cause and for the shortest time possible.

(2)

Notification of interruptions. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system.

(3)

Limitation of failures. The franchisee shall limit failure to a minimum by locating and correcting area service outages promptly, as provided in this section 3-55.

a.

A complete report may be required by the county for any failure lasting longer than 48 hours.

(4)

Commercial power outages. In the event of prolonged commercial power outages beyond battery capacity, the franchisee will maintain the system with portable generators at backup power locations to the limits of the franchisee's equipment availability, in local inventory.

(e)

Office hours and telephone availability.

(1)

Each franchisee must maintain local, toll-free or collect-call telephone access available to its subscribers 24 hours per day, seven days per week.

(2)

Each franchisee shall have trained company representatives who will be available to respond to customer telephone inquiries during normal business hours which shall be from 8:30 a.m. to 5:00 p.m. each weekday, excluding national holidays.

(3)

After normal business hours as described above, the access line may be answered by company representatives or a staffed answering service, or an automated response system. Inquiries received after normal business hours must be responded to as provided herein.

(4)

Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90 percent of the time, under normal operating conditions measured on a quarterly basis, during normal business hours as defined herein. Quarters shall be defined as three-month intervals and shall end on December 31st, March 31st, June 30th and September 30th. The franchisee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. An historical records of complaints shall mean a signficant increase in complaints as determined by Collier County, compared to the same time periods of previous years, by customers or property owner associations to Collier County, concerning the franchisee's performance under this section. Upon this evidence, besides investigating to determine compliance, Collier County may also request, and the franchisee shall supply, monthly reports until the customer's complaints subside or the county investigation fails to verify non-compliance.

(5)

Each franchisee shall maintain the following telephone statistics and provide a written summary report by franchise area which shall include:

a.

Number of calls received; and

b.

Number of calls answered within 30 seconds.

The summary report will be delivered to Collier County within 20 days following the end of the same period the statistics cover. Statistics will be maintained on all telephone operation centers.

(6)

Under normal operating conditions, the customer will receive a busy signal (a condition of all trunks busy) less than three percent of the time. Customers will experience a busy signal not to exceed three percent of the time on a cumulative basis on any business day during normal business hours as defined herein. Upon evidence of a significant increase in customer complaints or other evidence of possible telephone service violations as determined by Collier County, the franchisee shall perform measurements of compliance if internal equipment has the capability or the franchisee shall request the local telephone provider to perform tests to determine compliance or authorize the local telephone provider to perform tests and compile data at the request of Collier County. In any event, the test times and intervals shall be determined by Collier County.

(f)

Installations, system and service outages.

(1)

Customer service centers and bill payment locations will be open at least during normal business hours as defined herein and will be conveniently located.

(2)

Under normal operating conditions, the following four standards will be met no less than 95 percent of the time, measured on a quarterly basis:

a.

Standard installations will be performed within six business days after an order has been placed. "Standard installations" are those that are located up to 125 feet from the existing distribution system. This time limit shall not apply to installations requested in advance of more than six business days. In those cases, the applicable time limit shall be the requested date of installation. For purposes of calculating time, unless otherwise provided herein, said time shall begin the next business day after an order has been placed or upon issuance of a permit, if required. Installations in excess of 125 feet must be completed within 20 calendar days and installations requiring a distribution line extension will be completed within 30 calendar days after a feasibility study has been completed by the franchisee and an agreement has been reached between the franchisee and intended customer on construction costs, if any. The time provision shall not apply when conditions beyond the control of the franchisee prevent completion of the installations. Such condition shall include inability to obtain permits after application has been made or the lack of availability of necessary equipment within a reasonable time period. This section does not impose any requirement on the franchisee to serve an area. For each violation of this section, the subscriber shall not be charged for the primary outlet installation charge. The primary outlet installation charge shall be credited to the subscriber's account within the next billing cycle. This penalty shall be automatically executed by the franchisee, but shall not apply if the customer refused service that was not at the requested service location as agreed. In the latter case, the franchisee shall leave written notice to the subscriber of its effort to provide service.

b.

Excluding conditions beyond the control of the franchisee, the franchisee will make a bona fide effort to correct (a) service interruptions no later than within 24 hours after the interruption becomes known and (b) system interruptions within four hours after the interruption becomes known if between the hours of 6:00 a.m. to 12:00 midnight. If a system interruption is reported after 10:00 p.m., this requirement applies beginning at 8:00 a.m. the next day. The franchisee must begin actions to correct other service problems the next business day after notification of the service problem. For each violation of this section, each subscriber who does not receive service as provided herein may request a credit of $10.00 per incident in the next billing cycle but not if (1) the customer refused service, (2) the customer was not at home or (3) the franchisee determines that the request is not a valid one as supported by the service records. In the case of a customer not being at home, the franchisee shall leave written notice to the subscriber of its effort to correct service.

c.

The appointment window alternatives for installations, service calls and other installation activities will be either a specific time or, at maximum, a four-hour time block (a.m. or p.m.) during normal business hours. (The franchisee may schedule service calls and other installation activities outside of normal business hours at the express convenience of the customer.) A franchisee may not cancel an appointment with a customer after the close of business on the business day prior to a scheduled appointment. For such violation of this subsection c., each subscriber who does not receive service as provided herein may request a credit of $10.00 per incident in the next billing cycle but not if (1) the customer refused service, (2) the customer was not at home or (3) the franchisee determines that the request is not a valid one as supported by service records. In the case of a customer not being at home, the franchisee shall leave a written notice at the subscribers's home of its effort to provide service. However, calls on which subscribers were at fault will not be eligible for this credit as documented in service records.

d.

If a franchisee representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The franchisee will make a bona fide attempt to reassign the appointment to another agent or employee prior to canceling an appointment. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. For each violation of this subsection d., each subscriber who does not receive service as provided herein may request a credit of $10.00 per incident in the next billing cycle but not if (1) the customer refused service, (2) the customer was not at home or (3) the franchisee determines that the request is not a valid one as supported by service records. In the case of a customer not being at home, the franchisee shall leave a written notice at the subscriber's home of its effort to provide service. However, calls on which subscribers were at fault will not be eligible for this credit as documented in service records.

(3)

If there is evidence of non-compliance with customer credits as provided in this section, upon request by the county, each franchisee shall provide the county manager's office a monthly report of non-compliance with requirements of this section and resulting credits. This report shall be provided to the county manager by the 20th of each month following the reporting period.

(g)

Communications between franchisee and subscribers.

(1)

The franchisee shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any other time upon request: (1) product and services, (2) prices and options for programming services and conditions of subscription to programming and other services, (3) installation and service maintenance policies, (4) instructions on how to use the cable service, (5) channel positions of programming carried on the system and (6) billing and complaint procedures, including the address and telephone number of the local franchise authority's cable office.

(2)

Customers will be notified of any changes in rates, programming services or channel positions, as soon as possible through announcements on the cable system and in writing to each customer. Notice must be given to subscribers a minimum of 30 days in advance of such changes if the change is within the control of the franchisee. In addition, the franchisee shall notify subscribers 30 days in advance for any significant changes in the other information required in the preceding paragraph.

(3)

Bills will be clear, concise and understandable. Bills must be fully itemized, with itemization including, but not limited to, basic and service tiers and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

(4)

In the case of a billing dispute, the franchisee must respond to a written complaint from a subscriber within ten days after receipt at the local franchisee's office.

(5)

Refund checks will be issued promptly, but no later than either (a) the customer's next billing cycle following the resolution of the request or 30 days, whichever is earlier, or (b) the date of return of the equipment supplied by the franchisee if service is terminated. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted.

(h)

Privacy/use of data.

(1)

The franchisee shall comply with all federal and state laws regarding the collection and storing of individual subscriber information.

(2)

The county or the franchisee shall not, without prior valid written authorization from each subscriber so affected, provide any data identifying subscriber's name or address to any person except as provided by law and pursuant to procedures established by state and federal law.

(3)

No authorization for procurement or dissemination of subscriber-identifiable information or data shall be valid unless it does the following:

a.

Specifies the type or types of information or data covered; and

b.

Identifies the parties authorized to collect, receive, store, record, transmit or otherwise convey this information or data.

All authorizations shall specify the maximum period of time that any subscriber-identifiable information or data shall be preserved in any manner or form.

(4)

A written copy of all subscriber-identifiable information or data which is retained and/or disclosed and the disposition of this information or data, together with any explanation necessary to make it understandable to the subscriber, shall be provided to the affected subscriber within 30 days of procurement except that information which is necessary for purposes of billing the subscriber or keeping the subscriber informed of programming. Further disclosure shall be fully detailed in writing to the affected subscriber within 30 days of such disclosure.

(i)

Miscellaneous.

(1)

The franchisee shall grant pro-rated credits upon request by subscribers experiencing outages for more than 24 hours. The credit shall be retroactive to the beginning of the outage.

(2)

Any of the customer service standards may be waived by the county manager's office for no-competitive (overbuilt) systems of small size if found to be impractical when comparing costs versus subscriber benefits.

(i)

Interest on subscriber deposits. If and when the franchisee collects deposits from its subscribers, it shall pay interest at an annual rate equal to the legal rate pursuant to Florida Statutes on any deposit of $100.00 or more as required of a subscriber. The franchisee may elect to pay such interest annually in the form of credits to subscriber accounts.

(Ord. No. 88-90, § 30; Ord. No. 94-12, § 4)

Sec. 30-55.1. - Rate regulation.

The county may, in its sole discretion, regulate cable television rates pursuant to the provisions of the Federal Cable Act then in effect and the rules, regulations, and orders of the Federal Communications Commission as they may be amended or superseded from time to time.

(Ord. No. 94-12, § 5)

Sec. 30-56. - General penalties.

Any person violating any of the provisions of this article, upon conviction thereof, shall be punished by a fine not exceeding $500.00 for each offense, or by imprisonment for a term not to exceed 60 days, or by both such fine or imprisonment within the discretion of the courts.

(1)

It shall be unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised CATV system within the unincorporated area of the county for the purpose of enabling himself or others to receive any television signal, radio signal, pictures, programs or sound.

(2)

It shall be unlawful for any person, without consent of the owner, to willfully tamper with, remove or vandalize any cables, wire or equipment used for the distribution of television signals, radio signals, pictures, programs or sound.

(Ord. No. 88-90, § 31)

State law reference— Penalty for ordinance violations, F.S. § 125.69; trespass and larceny with relation to utility fixtures, F.S. § 812.14; unauthorized reception of cable television services, F.S. § 812.15.

Sec. 30-57. - Subsequent action by state or federal authorities.

Should the state, the FCC or any other agency of the federal government subsequently require the franchisee to perform any act which is inconsistent with any of the provisions of this article or cease to perform any act required by this article, the franchisee shall so notify the county. Upon receipt of such notification, the county shall determine if a material provision of this article is affected. Upon such determination, the county and the franchisee shall have the right to modify, amend, delete or otherwise change any of the provisions of this article to such reasonable extent as may be necessary to carry out the full intent and purpose of this article. In the event that the county does not make such modification, the franchisee agrees to continue to conform to the provisions of this article until such time as it is prohibited from doing so by operation of law. The county and the franchisee may amend the license granted hereunder in the event the county or the franchisee determines that substantial and material compliance with the original terms of this article has been frustrated by any such state, county or federal requirement.

(Ord. No. 88-90, § 32)

Sec. 30-58. - Personal liability of county officials.

Any officer or employee charged with the enforcement or administration of this article, acting for the applicable governing body in the discharge of his duties, shall not thereby render himself liable personally; and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such authorized act performed by him in the enforcement of any provision of this article shall be defended by the county or its representatives until the final termination of the proceedings.

(Ord. No. 88-90, § 33)

Sec. 30-59. - Review of orders and decisions.

Any person aggrieved by any nonlegislative order or decision of the board shall have the right to petition the board for a rehearing and reconsideration of any order, regulation or decision. Such petition must be filed within ten days following the rendition of such order, regulation or decision. The effect of the filing of a petition for a rehearing shall operate to stay the order or decision sought to be reviewed until the petition is disposed of. If a petition for rehearing has been denied, such aggrieved party may have such order or decision reviewed by certiorari to the county circuit court or by such other proceedings as may be prescribed by court rules, within 30 days after the disposition of their petition for rehearing. The proceedings before the board shall be deemed quasijudicial in nature, and such review shall be limited to the record made before the board.

(Ord. No. 88-90, § 34)

Sec. 30-60. - Superseding of agreements.

This article will govern all activities of cable television franchisees in the unincorporated areas of the county to the extent that such activities may be regulated. Franchise agreement provisions will govern any activities of the parties not specifically regulated by this article. In the event an inconsistency exists between provisions of a franchise agreement existing prior to the enactment of this article [November 15, 1988] and the provisions of this article, this article shall control.

(Ord. No. 88-90, § 35)

Sec. 30-61. - Amendments.

This article may be amended at any time by a majority vote of the properly constituted board, provided that the board shall hold a public hearing for such purpose and afford all interested persons an opportunity to be heard with respect to such amendment. The county administrator shall submit notice of the public hearing and proposed amendments to each franchisee in writing at least 30 days prior to said public hearing. This reservation of authority includes the right to reimpose rate regulations at such future date as it may be deemed necessary by the board if current federal laws allow such regulation.

(Ord. No. 88-90, § 36)

Sec. 30-62. - Rights and remedies cumulative.

The rights and remedies set forth in this article are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the parties may have with respect to the subject matter of this article, and a waiver thereof at any time shall not affect any other time.

(Ord. No. 88-90, § 37)

Sec. 30-63. - County's right of intervention.

The county hereby reserves to itself at its own expense, and the franchisee acknowledges the county's right to intervene in any suit, action or proceeding involving the franchise granted hereunder or any provision in this article.

(Ord. No. 88-90, § 38)