BC 1978 10 05 - Laserfiche WebLink

Home Browse Search

225 (f) (g) Transmission of color television signals which it re- ceives in color; and All broadcast signals which may be carried pursuant to the applicable federal regulations. 3.18 "Service - Non-Basic" means any communications service other than basic service provided over its system by the franchisee directly or as a carrier for its subsidiaries, affiliates, or any other person engaged in communications. 3 19 "Shall" "Must" are mandatory whereas "may" is permissive 3.20 "Street" shall mean the surface of and the space above and below any public street, right-of-way, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, communica- tions or utility easement, now or hereafter existing as such within the franchise area. 3.21 "Subscriber'~ or ~!User" shall mean any person or entity receiving for any purpose any service of the franchisee's cable television system, including but not limited to the conventional cable television system service of retransmission of television broadcasts, radio signals, franchisee's original cablecasting, and the local government, education and public access channels; and other services such as leasing of channels, data and fac- simile transmission, pay television and police, fire and similar public service communication, 3.22 "Subscriber Service Drop" shall mean such extension wiring from the franchisee's distribution lines to a subscriber's building. 3.23 "Tapping" means observing a two-way communications signal ex- change, where the observer is neither of the communicating parties, whether the communications signal exchange is ob- served by visual or electronic means for any purpose whatsoever. Grant of Franchise. 4.1 Necessity of Franchise: No person, natural or corporate, or any other entity, shall own or operate a cable television system (CATV) or other system as defined hereinl in Cabarrus County, except by franchise granted by the County and the franchisee, which shall comply with all the provisions of this ordinance. Nature of the Grant: The franchise agreement'§hall grant to the franchisee the right, privilege and franchise to construct, operate and maintain a CATV system in Cabarrus County for a period of fifteen (15) years. Said franchise shall not be ex- clusive, and the County reserves the right to grant a similar franchise to any persons, company, corporation, or any other entity, at any time during the period of the franchise issued pursuant to this ordinance. 4.3 Provision of Service Mandatory: Upon award of the franchise by the Board of Commissioners and following execution of the franchise agreement, it shall be mandatory for the franchisee diligently and expeditiously to pursue the construction and operation of a CATV system for the citizens of Cabarrus County~ and following construction of the system it shall be mandatory for the franchisee t'o provide continuous regular service to its subscribers. 4.4 Franchise Agreement Required: The franchise agreement, together with the provisions of this ordinance, shall constitute the terms and conditions upon which the franchisee may exercise the rights described herein. In the event this ordinance or the franchise agreement conflict with mandatory regulations of the FCC, or other governmented body having jurisdiction, the same shall, only insofar as such conflict shall exist, be deemed of no effect and the remaining provisions of this ordinance and said agreement shall remain in full force and effect. The franchise agreement shall contain such represen- tations, warranties and agreements as shall be agreed upon between the County and the franchisee. The applicant awarded