[HISTORY: Adopted by the Board of Supervisors of Mathews
County 2-24-2015. Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Mathews
County Cable Television Ordinance."
This chapter establishes the criteria, procedures and standards
by which Mathews County will grant and enforce an ordinance cable
franchise to a provider of cable services pursuant to § 15.2-2108
et seq. of the Code of Virginia as an alternative to a negotiated
cable franchise pursuant to § 15.2-2108.20 of the Code of
Virginia. The County, on request by an applicant, will continue to
grant a negotiated cable franchise in accordance with Title VI of
the Communications Act of 1934, as amended, 47 U.S.C. § 521
et seq., and as provided by § 15.2-2108.20 of the Code of
Virginia. The ability to seek an ordinance cable franchise under this
chapter shall be available to:
A.
A cable operator with previous consent to use the public rights-of-way
to provide cable services whose negotiated franchise with the County
is up for renewal and who seeks to renew that franchise pursuant to
Virginia Code § 15.2-2108.30;
B.
A certificated provider of telecommunications services with previous
consent to use the public rights-of-way in the County through a franchise;
and
C.
A certificated provider of telecommunications services that lacked
previous consent to provide cable service in the County but provided
telecommunications services over facilities leased from an entity
having previous consent to use of the public rights-of-way in the
County through a franchise.
A.
No person shall construct, install, maintain, expand, enlarge or
otherwise increase or operate a cable system through, on, over or
under any public way or public right-of-way in the unincorporated
area of the County without first having applied for, been granted
and accepted a franchise under the provisions hereof and its franchise
is in full force and effect.
B.
Any person who constructs, installs, maintains, expands, enlarges,
or otherwise increases, or operates a cable system through, on, over,
or under any public way or public right-of-way, or within any privately
owned area in the County which has not yet become a public street
but is designated or delineated as a proposed public street on any
tentative subdivision map approved by the County, in the unincorporated
area of the County without first having applied for, been granted,
and accepted a franchise under the provisions hereof, or a franchise
under the County's preexisting cable ordinance, shall be guilty
of a Class 4 misdemeanor.
Nothing in this chapter shall be deemed to abrogate the constitutionally
protected rights of a cable system operating in the County on the
date of the adoption or amendment of this chapter.
A.
ACT
AFFILIATE
BOARD
CABLE OPERATOR
CABLE SERVICE
CABLE SYSTEM or CABLE TELEVISION SYSTEM
(1)
(2)
(3)
(4)
(5)
(6)
(7)
CERTIFICATED PROVIDER OF TELECOMMUNICATIONS SERVICES
FRANCHISE
FRANCHISEE
INTERACTIVE ON-DEMAND SERVICES
PERSON
PUBLIC RIGHTS-OF-WAY
TRANSFER
(1)
(2)
(a)
(b)
(c)
(d)
(e)
VDOT
VIDEO PROGRAMMING
As used in this chapter, the following terms shall have the meanings
indicated:
The Communications Act of 1934.
In relation to any person, means another person who owns
or controls, is owned or controlled by, or is under common ownership
or control with such person.
The governing body of Mathews County, Virginia.
The one-way transmission to subscribers of video programming
or other programming service, and subscriber interaction, if any,
which is required for the selection or use of such video programming
or other programming service. "Cable service" does not include any
video programming provided by a commercial mobile service provider
defined in 47 U.S.C. § 332(d).
Any facility consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide cable service that includes video programming
and that is provided to multiple subscribers within a community, except
that such definition shall not include:
A system that serves fewer than 20 subscribers;
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves only subscribers without using any public
rights-of-way;
A facility of a common carrier that is subject, in whole or
in part, to the provisions of Title II of the Communications Act of
1934, 47 U.S.C. § 201 et seq., 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,
unless the extent of such use is solely to provide interactive on-demand
services;
Any facilities of any electric utility used solely for operating
its electric systems;
Any portion of a system that serves fewer than 50 subscribers
in the County, where such portion is a part of a larger system franchised
in an adjacent county; or
An open video system that complies with § 653 of Title
VI of the Communications Act of 1934, as amended, 47 U.S.C. § 573.
A person holding a certificate issued by the State Corporation
Commission to provide local exchange telephone service.
An initial authorization, or renewal thereof, issued by a
franchising authority, including the County or the Commonwealth Transportation
Board, whether such authorization is designated as a franchise, permit,
license, resolution, contract, certificate, agreement, or otherwise,
that authorizes the construction or operation of a cable system, a
telecommunications system, or other facility in the public rights-of-way.
A negotiated cable franchise is granted by a County after negotiation
with an applicant pursuant to Code of Virginia, § 15.2-2108.20.
An ordinance cable franchise is granted by the County when an applicant
provides notice pursuant to Code of Virginia, § 15.2-2108.21
that it will provide cable service in the County.
A person that has been granted a cable television franchise
by the County pursuant to this chapter or any predecessor ordinance
or franchise agreement.
A service providing video programming to subscribers over
switched networks on an on-demand, point-to-point basis, but does
not include services providing video programming prescheduled by the
programming provider.
An individual, partnership, association, joint-stock company,
organization, corporation, or any other legal entity, but such term
does not include the County.
The surface, the air space above the surface, and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway,
casement, or similar property in which the County or the Commonwealth
of Virginia now or hereafter holds any property interest, which, consistent
with the purposes for which it was dedicated, may be used for the
purpose of installing and maintaining cable facilities. No reference
herein, or in any franchise, to public rights-of-way shall be deemed
to be a representation or guarantee by the County that its interest
or other right to control the use of such property is sufficient to
permit its use for such purposes, and a franchisee shall be deemed
to gain only those rights to use as are properly in the County and
as the County may have the undisputed right and power to give.
Any transaction in which:
An ownership or other interest in the cable operator is transferred,
directly or indirectly, from one person or group of persons to another
person or group of persons, so that majority control of the cable
operator is transferred; or
The rights and obligations held by the cable operator under
the cable franchise granted under this chapter are transferred or
assigned to another person or group of persons. However, notwithstanding
clauses (1) and (2) of the preceding sentence, a transfer of the cable
franchise shall not include:
Transfer of an ownership or other interest in the cable operator
to the parent of the cable operator or to another affiliate of the
cable operator;
Transfer of an interest in the cable franchise granted under
this chapter or the rights held by the cable operator under the cable
franchise granted under this chapter to the parent of the cable operator
or to another affiliate of the cable operator;
Any action that is the result of a merger of the parent of the
cable operator;
Any action that is the result of a merger of another affiliate
of the cable operator; or
A transfer in trust, by mortgage, or by assignment of any rights,
title, or interest of the cable operator in the cable franchise or
the system used to provide cable in order to secure indebtedness.
The Virginia Department of Transportation.
Programming provided by, or generally considered comparable
to, programming provided by a television broadcast station.
B.
All terms used herein, unless otherwise defined, shall have the same
meaning as set forth in § 15.2-2108.19 et seq., of the Code
of Virginia, and if not defined therein, then as set forth in Title
VI of the Communications Act of 1934, 47 U.S.C. § 521 et
seq., and if not defined therein, their common and ordinary meaning.
In addition, references in this chapter to any federal or state law
shall include amendments thereto as are enacted from time-to-time.
A.
In order to obtain a franchise, an applicant shall first file with
the County Administrator a request, in writing, to negotiate the terms
and conditions of a negotiated franchise agreement.
B.
All applications for an initial franchise agreement shall include
the following minimum information:
(1)
A map delineating all areas to which cable service shall initially
be provided and anticipated future service areas, and a statement
explaining the applicant's line extension requirements.
(2)
A detailed statement of services proposed to be offered to subscribers.
(3)
A detailed statement of any services to be offered to the County,
including but not limited to access channels, cable service outlets
to public locations, capital grants/support, etc.
(4)
A detailed statement of the service characteristics and capabilities
of the applicant's proposed cable system.
(5)
A schedule of initial rates, fees and other charges to be established
by the applicant.
(6)
A detailed statement of the applicant's customer service standards.
(7)
A detailed statement of the types of reports and records maintained
by the applicant with regard to customer service, line extension deployment
and annual performance summaries.
(8)
Evidence of the financial stability, technical and other qualifications
of the applicant.
(9)
Full and true disclosure of the actual ownership of the applicant,
including the identity of all principals and ultimate beneficial owners,
however designated, specifically including all stock holders of corporations
(nominal and beneficial) owning more than 1% of the issued and outstanding
stock and all partners of any general or limited partnership.
(10)
Any additional information that the County may require.
C.
Submitted applications may be amended only with the consent of the
Board.
D.
Applications shall be signed by the applicant or by a duly authorized
representative of the applicant, evidence of whose authority shall
be supplied with the application.
E.
Each person applying for an initial Franchise shall pay a nonrefundable
fee in the amount of $2,500 to defray expenses incurred by the County
in processing applications. Such nonrefundable payment shall be used
to offset any direct costs incurred by the franchising authority in
connection with the application and this chapter.
F.
The applicant shall make itself available to participate in franchise
negotiations with the County and/or its representatives.
G.
After considering the financial, technical and legal qualifications
of the applicant, the Board may enter into a negotiated franchise
agreement if it determines that the applicant's plans for constructing,
operating, and maintaining its cable system are adequate and will
sufficiently meet the current and future cable-related needs and interests
of the residents of the County.
H.
Should an applicant intend to elect to obtain an ordinance cable
franchise from the County in lieu of a negotiated agreement, it shall
give the County written notice of such election at least 45 calendar
days prior to filing a notice electing an ordinance cable franchise.
This requirement is not applicable if the County refuses to engage
in negotiations with the applicant, or the applicant has an existing
negotiated franchise agreement with the County.
I.
After the forty-five-day period set forth in Subsection H above, an applicant, through its president or chief executive officer, shall file written notice with the County that the applicant elects to receive an ordinance cable franchise at least 30 days prior to offering cable service in the County.
J.
The County will adopt an ordinance within 120 days of the applicant's filing of the notice required in Subsection H above. An ordinance adopted under this section that relates to an applicant's provision of cable service shall apply to such applicant retroactively to the date on which the applicant began to offer cable service in the County pursuant to this chapter.
K.
Notice of any ordinance that requires a public hearing shall be advertised
once a week for two successive weeks in a newspaper having general
circulation in the County. The advertisement shall include a statement
that a copy of the full text of the ordinance is on file in the office
of the clerk of the County. All costs of such advertising shall be
assessed against the applicant or grantee.
A grantee electing to renew its cable franchise shall do so
pursuant to the renewal procedures in 47 U.S.C. § 546, or
by providing notice to the County that it will opt into an ordinance
cable franchise pursuant to this chapter. A grantee may file such
notification that its cable franchise will be renewed by an ordinance
cable franchise not more than one year in advance of the expiration
date of its existing franchise. Except as provided by federal law,
the restrictions in §§ 15.2-2015 through 15.2-2018,
15.2-2100 through 15.2-2105, 15.2-2106 and 15.2-2107 of the Code of
Virginia, including, but not limited to, the advertisement and receipt
of bids for cable franchises, shall not apply to renewal certifications
except where a renewal would result in the County having granted a
cable franchise and a renewal with combined terms in excess of 40
years.
No transfer of any franchise granted under this chapter shall
occur without the prior consent of the County, provided that the Board
shall not unreasonably withhold, delay, or condition such consent.
No transfer shall be made to a person, group of persons or affiliate
that is not legally, technically, and financially qualified to operate
the cable system and satisfy the franchise obligations.
Any modification to a franchise shall require the approval of
the Board.
Sections 15.2-2108.19 through 15.2-2108.31 of the Code of the
Virginia 1950, as amended, and all of the provisions and standards
referenced therein, are hereby adopted and incorporated as fully as
if set out at length herein. All future amendments to such sections
and provisions are hereby automatically incorporated into the County
Code.
