(a)
This chapter establishes the criteria, procedures and standards by
which the County will grant and enforce an ordinance cable franchise
to a provider of cable services pursuant to § 15.2-2108.19
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:
(1)
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;
(2)
A certificated provider of telecommunications services with previous
consent to use the public rights-of-way in the County through a franchise;
(3)
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; and
(4)
A cable operator with previous consent to use the public rights-of-way
to provide cable service in the County through a negotiated franchise
agreement that chooses to opt into the terms of a franchise pursuant
to this chapter.
(b)
Ordinance cable franchises shall be nonexclusive franchises that
authorize the franchisee to construct and operate a cable system in
the public rights-of-way, and for that purpose to erect, install,
construct, repair, replace, reconstruct, maintain, or retain in any
public right-of-way such poles, wires, cables, conductors, ducts,
conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments,
and other related property or equipment as may be necessary or appurtenant
to the cable system and to provide such cable services over the cable
system as may be lawfully allowed. The ordinance cable franchise shall
neither authorize the franchisee to use the public right-of-way for
purposes of providing any service other than cable service nor prohibit
the franchisee from doing so.
(c)
Incorporation of amendments to state code, federal law and regulations.
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 this chapter.
|
State Law reference — Similar provisions,
Code of Virginia, § 15.2-2108.19 et seq.
|
All terms used in this chapter, unless otherwise defined herein,
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.
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 service tier that include (i) the retransmission of local
television broadcast channels and (ii) public, educational, and governmental
channels required to be carried in the basic tier.
The Board of Supervisors of the County of Buchanan, Virginia.
The County Administrator for the County of Buchanan, Virginia,
who is hereby designated as the person responsible for administration
of the ordinance cable franchise for the County.
Any person or group of persons that (i) provides cable service
over a cable system and directly or through one or more affiliates
owns a significant interest in such cable system or (ii) otherwise
controls or is responsible for, through any arrangement, the management
and operation of a cable system. "Cable operator" does not include
a provider of wireless or direct-to-home satellite transmission service.
The one-way transmission to subscribers of (i) video programming
or (ii) 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 (i) a system that serves fewer
than 20 subscribers; (ii) a facility that serves only to retransmit
the television signals of one or more television broadcast stations;
(iii) a facility that serves only subscribers without using any public
rights-of-way; (iv) 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; (v) any facilities of any electric utility used solely for
operating its electric systems; (vi) 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
(vii) 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.
The County of Buchanan, Virginia, a political subdivision
of the Commonwealth of Virginia.
An event or events reasonably beyond the ability of cable
operator to anticipate and control. "Force majeure" includes, but
is not limited to, acts of God, incidences of terrorism, war or riots,
labor strikes or civil disturbances, floods, earthquakes, fire, explosions,
epidemics, hurricanes, tornadoes, governmental actions and restrictions,
work delays caused by waiting for utility providers to service or
monitor or provide access to utility poles to which cable operator's
facilities are attached or to be attached or conduits in which cable
operator's facilities are located or to be located, and unavailability
of materials or qualified labor to perform the work necessary.
An initial authorization, or renewal thereof, issued by the
County, 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 Va. Code § 15.2-2108.20.
A person that has been granted a cable television franchise
by the County pursuant to this chapter or any predecessor ordinance
or franchise agreement.
All revenue, as determined in accordance with generally accepted
accounting principles, that is actually received by the cable operator
and derived from the operation of the cable system to provide cable
services in the franchise area; however, in an ordinance cable franchise
"gross revenue" shall not include: (i) refunds or rebates made to
subscribers or other third parties; (ii) any revenue which is received
from the sale of merchandise over home shopping channels carried on
the cable system, but not including revenue received from home shopping
channels for the use of the cable service to sell merchandise; (iii)
any tax, fee, or charge collected by the cable operator and remitted
to a governmental entity or its agent or designee, including without
limitation a local public access or education group; (iv) program
launch fees; (v) directory or Internet advertising revenue, including,
but not limited to, yellow page, white page, banner advertisement,
and electronic publishing; (vi) a sale of cable service for resale
or for use as a component part of or for the integration into cable
services to be resold in the ordinary course of business, when the
reseller is required to pay or collect franchise fees or similar fees
on the resale of the cable service; (vii) revenues received by any
affiliate or any other person in exchange for supplying goods or services
used by the cable operator to provide cable service; and (viii) revenue
derived from services classified as noncable services under federal
law, including, without limitation, revenue derived from telecommunications
services and information services, and any other revenues attributed
by the cable operator to noncable services in accordance with rules,
regulations, standards, or orders of the Federal Communications Commission.
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,
easement, 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 (i) 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
(ii) the rights and obligations held by the cable operator under the
cable franchise granted under this article are transferred or assigned
to another person or group of persons. However, notwithstanding clauses
(i) and (ii) of the preceding sentence, a transfer of the cable franchise
shall not include (a) 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; (b) transfer of an interest in the
cable franchise granted under this article or the rights held by the
cable operator under the cable franchise granted under this article
to the parent of the cable operator or to another affiliate of the
cable operator; (c) any action that is the result of a merger of the
parent of the cable operator; (d) any action that is the result of
a merger of another affiliate of the cable operator; or (e) 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.
|
State Law reference — Similar provisions,
Code of Virginia § 15.2-2108.19.
|
(a)
Renewal. A franchisee electing to renew its negotiated cable franchise
shall do so (i) pursuant to the renewal procedures in 47 U.S.C. § 546,
or (ii) by providing notice to the cable administrator that it will
opt into an ordinance cable franchise pursuant to this chapter along
with the application materials listed in this section. A franchisee
may file notification that its cable franchise will be renewed by
an ordinance cable franchise one year in advance of the expiration
date of its existing franchise.
(b)
Initial franchise application. In order to obtain a cable franchise,
an applicant shall file with the cable administrator a written request
for a franchise along with the application materials required by this
section.
(c)
Application materials. Any request to obtain an ordinance cable franchise
or to renew a negotiated cable franchise shall include the following
materials:
(1)
Applicant's complete business name, as registered with the Virginia
State Corporation Commission, when applicable;
(2)
Business address of the applicant;
(3)
Name and contact information of a designated contact for the applicant;
(4)
Name and contact information of the registered agent for the applicant,
when applicable;
(5)
The local, toll-free, or collect telephone access line that will
be available to provide customer service to its subscribers;
(6)
A map that shows the service area in which the applicant intends
to provide cable service in the County;
(7)
A map that shows the area in the County in which the applicant has
its telephone facilities, if any;
(8)
A list of services and channels offered and subscription rates within
the County; and
(9)
Current certificate of insurance in the amounts required by this
chapter.
(d)
Upon receipt of all necessary application materials, the Board may,
by resolution, grant to the applicant an ordinance cable franchise
after notice and public hearing.
|
State Law reference — Similar provisions,
Code of Virginia §§ 15.2-2108.30, 15.2-2108.21.
|
All ordinance cable franchises granted pursuant to this chapter
shall have a term of 15 years.
|
State Law reference — Similar provisions,
Code of Virginia § 15.2-2108.21.
|
If the governing body of any town within the County adopts an
ordinance pursuant to the provisions of § 15.2-2108.19 et
seq. of the Code of Virginia, such town shall not be subject to the
terms of this chapter.
|
State Law reference — Similar provisions,
Code of Virginia § 15.2-2108.21(G).
|
