§ 25-3-101. CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF A CABLE SYSTEM.

(a)

Powers of franchise. A franchisee:

(1)

May use the county public rights-of-way for constructing, installing, repairing, and maintaining cables, equipment, and facilities needed to operate a cable system within the county; and

(2)

At its own expense and when necessary to protect its cables, equipment, and fixtures, may trim, cut, or remove trees:

(i)

Within public rights-of-way, subject to direction by the county; and

(ii)

On private property, with the consent of the property owner.

(b)

Duties of franchisee. A franchisee shall:

(1)

Obtain any required permits before causing damage or disturbance to a public right-of-way or private property as a result of constructing, installing, repairing, maintaining, or operating the cable system and shall:

(i)

Restore the damaged or disturbed public right-of-way or private property to its former condition and in compliance with applicable construction industry standards; and

(ii)

Pay for repairs made by the county to the damaged or disturbed public right-of-way or pay for repairs made by a private property owner to the damaged or disturbed private property if:

1.

The franchisee failed to make satisfactory repairs in a reasonable amount of time; and

2.

The franchisee was given prior notice by the county or the property owner of the repairs;

(2)

Erect, construct, or install poles, underground conduits, or other fixtures so that there is minimal interference with:

(i)

The rights and reasonable convenience of affected property owners;

(ii)

The usual travel on streets; or

(iii)

Any existing utility services;

(3)

Maintain all cables, equipment, and fixtures in a safe condition at all times;

(4)

At the request of a person holding a valid building permit, remove or relocate the franchisee's cables, equipment, or fixtures to allow authorized construction provided:

(i)

The person making the request pays the expense of any movement;

(ii)

If required by the franchisee, the person makes payment in advance; and

(iii)

The franchisee is given not less than 72 hours advance notice to arrange the movement;

(5)

At its own expense, remove, replace, or relocate its cables, equipment, or fixtures within public rights-of-way in order to allow the county to modify, maintain, repair, or improve a street or to allow the county or a public utility to construct, modify, relocate, maintain, or repair sewers, water mains, storm drains, or other similar public facilities;

(6)

At its own expense, locate its cable wires underground if electrical and telephone utility wires are located underground in the areas along streets and in between a street and a residential subscriber's dwelling;

(7)

At its own expense, locate, with reasonable speed, all cable wires underground in all or a portion of the county if, at a future date, the county requires all utilities to be placed underground;

(8)

Whenever possible and with the owner's permission, utilize existing poles, underground conduits, or other facilities;

(9)

Obtain prior approval from the county or from affected property owners before erecting or installing poles, underground conduits, or other wireholding structures; and

(10)

Within 90 days after the date of a request by the county, supply maps delineating the location of all of its currently installed cables and equipment, subject to the limitations on the disclosure of proprietary information established under § 25-1-102 of this article.

(c)

Powers of county.

(1)

The county may:

(i)

Inspect all construction or installation work performed by a franchisee to insure compliance with the terms of the franchise agreement, this article, and other pertinent law; and

(ii)

Adopt regulations consistent with this article and the franchise agreement concerning the construction, installation, maintenance, and repair of cables, equipment, and fixtures located in public rights-of-way.

(2)

(i)

If the franchisee fails or refuses to comply promptly with notice given under subsection (b)(5) of this section, on 72 hours notice, the county may make the changes to the franchisee's cables, equipment, or fixtures at the franchisee's expense.

(ii)

The county is not liable for damages resulting from the movement, except in the event of negligence on the part of the county, its agents, or employees.

(iii)

The franchisee shall pay all expenses in connection with the movement within 30 days after the date of the demand for payment.

(1988 Code, § 8-4) (Bill No. 134-97, §§ 1, 2, 12-5-1997; Bill No. 31-03, § 2, 7-1-2004)