§ 1060-515. FRANCHISE—LIMITATIONS

(a)

A franchise granted under the provisions of this subchapter shall be nonexclusive.

(b)

No privilege or exemption shall be granted or conferred by any franchise granted under the provisions of this subchapter except as specifically prescribed in this subchapter.

(c)

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

(d)

(1)

A franchise shall not be sublet or assigned nor shall any of the rights or privileges therein granted or authorized be leased, assigned, sold, or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein, pass to or vest in any person, except the Grantee, either by act of the Grantee or by operation of law, without the prior written consent of the grantor. The granting of such consent shall not render unnecessary any subsequent consent.

(2)

The Grantee shall properly notify the grantor of any proposed change in control of the Grantee with respect to which the consent of the grantor is required.

Such change in control shall make the franchise null and void unless and until the grantor shall have consented thereto. For the purpose of determining whether it will consent to such change, transfer, or acquisition of control, the grantor may inquire into the qualifications of the prospective controlling party, and the Grantee shall assist the grantor in any such inquiry. The grantor may condition said transfer upon the terms and conditions it deems appropriate. For the purposes of this section, presumptive change and control will exist upon sale or transfer of 10% or more of the Grantee's ownership stock or other control.

(3)

The Grantee, at least 60 days prior to any transfer as heretofore described, shall file with the grantor a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such sale, transfer or lease, certified and sworn to as correct by the Grantee.

(4)

Every such transfer as heretofore described, whether voluntary or involuntary, shall be deemed void and of no effect unless Grantee shall have filed said certified copy as is required and grantor has given approval.

(5)

If the Grantee shall violate this section, or fail to obtain grantor consent, all of the revenues of the system from the date of violation until the date of consent, if any, shall be returned to the system subscribers, on a pro-rata basis. Any violation of this anti-transfer section shall constitute grounds for immediate termination of the franchise.

(e)

Time shall be of the essence of any franchise granted under the provisions of this subchapter. The Grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this chapter or by any failure of the County to enforce prompt compliance.

(f)

Any right or power in, or duty impressed upon, any officer, employee, department, or board of the county shall be subject to transfer by the County to any officer, employee, department, or board of the County.

(g)

The Grantee shall have no recourse whatsoever against the County for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter, or of any franchise issued hereunder, or because of the enforcement of the provisions of this chapter.

(h)

The Grantee shall be subject to all the provisions, rules, regulations and conditions prescribed by federal, state, County, and local laws heretofore or hereafter enacted or established during the term of any franchise granted under the provisions of this subchapter. Copies of all petitions, applications, and communications submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this franchise shall also be submitted simultaneously to the County Clerk.

(i)

Any franchise granted under the provisions of this subchapter shall not relieve the Grantee of any obligation involved in obtaining pole space from any department of the County, from any utility company, or from others maintaining poles in streets.

(j)

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