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 Volusia County
 Code of Ordinances
 Chapter 30. CABLE COMMUNICATIONS
 Article II. FRANCHISE

  § 30-46. Resolution approving franchise; effect of franchise.  

Latest version.

  • (a)

    At the public hearing provided for in this article, or within 60 days from the date, at which the county council makes a decision to approve a transfer of a franchise, the county council shall pass a resolution approving the transfer and prescribing such conditions or restrictions as the county council decided to impose; and the applicant shall execute an acceptance of such resolution assuming all rights, duties and obligations as the grantee of the franchise being transferred. At the public hearing, or within 60 days from the date, at which the county council makes a decision to grant an initial franchise, to grant a geographic extension of an existing franchise, or to permit any material modification to an existing franchise (except as otherwise prescribed in the Cable Communications Policy Act of 1984, 47 USC 545, as amended by the Cable Television Consumer Protection and Competition Act of 1992), the county council shall pass an appropriate resolution and the applicant shall execute an acceptance of such resolution. This resolution shall, without limitation:

    (1)

    Prescribe the scope of franchise granted (including the franchise area and the term of the franchise);

    (2)

    Prescribe such conditions and restrictions as the county council decides to impose;

    (3)

    Prescribe minimum construction schedules for the construction and installation of the proposed cable system;

    (4)

    Prescribe the franchise fees to be paid by the grantee to the county; and

    (5)

    Prescribe the amount of the surety bond or some other comparable security instrument to secure performance of the applicant's obligations under the applicant's franchise agreement (including, without limitation, the indemnification provisions).

    (b)

    A franchise granted pursuant to this chapter shall constitute authorization for the franchisee to construct, install, operate and maintain a cable system in a portion of the unincorporated area of the county; and, for that purpose, but subject to the supervision of and monitoring by the county engineer, the franchisee may erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public easement or right-of-way such poles, wires, cable conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary or desirable for the cable system, including facilities or properties rented or leased from any public utility, other franchisee or other person.

    (c)

    The grantee shall forfeit and shall be deemed to have forfeited and abandoned all rights and privileges conferred by the franchise, and the franchise shall be null and void and of no force and effect unless the grantee shall, within 60 days after adoption of the resolution provided for in this section, file with the county its written acceptance of the rights and privileges conferred by this chapter and with the terms, conditions and restrictions imposed by this chapter.

(Ord. No. 88-10, § 9, 5-19-88; Ord. No. 94-10, § I, 6-9-94)