§ 9-6. Application for grant, renewal, and transfer of franchise.


Latest version.
  • (a)

    There shall be certain standards and requirements for the grant, renewal, modification, or transfer of franchises. This will include the payment of fees in these amounts:

    (1)

    For new or initial franchise ..... $5,000.00

    (2)

    For renewal of a franchise ..... 3,000.00

    (3)

    For the transfer of a franchise
    (other than a pro forma transfer) ..... 2,000.00

    (4)

    For a pro forma transfer of a franchise ..... 1,000.00

    (5)

    For modification of a franchise agreement
    Pursuant to 47 U.S.C. section 545 ..... 3,000.00

    (6)

    For any other modification ..... 2,000.00

    (7)

    For any other relief not mentioned herein ..... 1,500.00

    (b)

    The franchisee shall reimburse the county for all reasonable expenses and costs incurred by the county in considering and processing the application, including, but not limited to, consulting and legal costs. Within thirty (30) days from the date of any resolution approving or denying the franchise agreement renewal, modification, or transfer, the county shall bill the franchisee for the amount of the processing fee showing its calculation. If the processing fee is not paid to the county within sixty (60) days from the date of any resolution approving the franchise, then the approval will be null and void. This processing fee is intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of 47 U.S.C. section 542(g)(2)(D) and may not be deducted from the franchise fee imposed in a franchise agreement and shall not be passed through to subscribers.

    (c)

    In the case of any existing cable television franchise with less than one thousand (1,000) subscribers, unless provided otherwise by applicable law, the board of county commissioners shall have the authority to reduce the fees payable by a franchisee pursuant to this section to the extent deemed appropriate and necessary by the board, in consideration of the subscriber base of such franchisee at the time of application.

    (d)

    The board of county commissioners may grant temporary extensions of franchise terms, not to exceed six (6) months, upon a determination that any such extension is in the public interest in assisting in the successful negotiation of terms for a renewal or modification of an existing franchise.

(Ord. No. 97-18, § 6, 8-19-97; Ord. No. 2004-06, § 1, 5-18-04)