eLaws | eCases | Florida State | Florida Administrative Code | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations | United States Code |
 Polk County
 Code of Ordinances
 Chapter 4.4. CABLE COMMUNICATION SYSTEMS

  § 4.4-6. Nature of franchise and privileges.  

Latest version.

  • (a)

    Any franchise granted under this chapter shall be nonexclusive.

    (b)

    No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those prescribed herein.

    (c)

    Any privilege claimed under any such franchise by the franchisee in any street or other public property shall be subordinate to any other lawful occupancy of the streets or other public property.

    (d)

    Any such franchise shall be a privilege to be held in personal trust by the original grantee. Any transfer or assignment shall be made only with the prior written consent of the board by an instrument in writing, a duly executed copy of which shall be filed in the office of the board within thirty (30) days after any such transfer or assignment.

    (e)

    Time shall be of the essence of any franchise granted hereunder. The franchisee shall not be relieved of its obligation to comply promptly with any of the provisions of this chapter by any failure to the county to enforce prompt compliance.

    (f)

    The franchisee shall be subject to all requirements of pertinent federal and Florida laws, rules and regulations, as well as county ordinances, laws, rules, regulations and specifications heretofore or hereafter enacted or established. Any modification of the provisions of Section 76.31 or any successor section of the Rules and Regulations of the Federal Communications Commission or any successor agency, as constituted by the United States Congress, shall be incorporated into any franchise granted hereunder within one year of the adoption of the modification or at the time of franchise renewal, whichever first occurs.

    (g)

    Any such franchise granted shall not relieve the franchisee of any obligation involved in obtaining pole space from any department of the county, utility company or from others maintaining poles in streets.

    (h)

    Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by franchisee pertaining to the construction, operation or maintenance of any CATV system in the county; and the acceptance of any franchise hereunder shall operate, as between franchisee and the county, as an abandonment by the franchisee of any and all such rights, privileges, powers, immunities and authorities within the county, to the effect that, as between the franchisee and the county, any and all construction, operation and maintenance by any franchisee of any CATV system in the county shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.

    (i)

    In the event that any franchise granted hereunder shall become unenforceable or pre-empted by state or federal law, rules or regulation, then the board may, at its option, either cancel and terminate the franchise, or convert the franchise to a permit to use streets.

(Ord. No. 73-6, § 7)