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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B10-62. Scope of franchise.

A franchise granted pursuant to this chapter shall authorize and permit a franchisee to construct, operate and repair a cable system, or an OVS (as applicable) pursuant to the terms of its franchise ordinance and this chapter to provide cable service in the County, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain facilities appurtenant to such system in, on, over, under, upon, across, and along those public rights-of-way in the franchise area.

(a) A franchise shall not convey rights other than as expressly specified in this chapter, or in a franchise ordinance; no rights shall pass by implication.

(b) A franchise shall not include, or be a substitute for:

(1) Complying with requirements of general applicability for the privilege of transacting and carrying on a business within the County;

(2) Complying with requirements for the privilege of using or occupying the rights-of-way to construct, operate or repair facilities in connection with the provision of non-cable services;

(3) Any permit, agreement or authorization required in connection with construction, operation or repair on or in public rights-of-way or public property, including by way of example and not limitation, encroachment and/or street cut permits, and the payment of applicable permit fees;

(4) Any permits or agreements for occupying any other property of the County or private entities to which access is not specifically granted by the franchise.

(c) A franchise does not relieve a franchisee of its duty to comply with the County Charter, all County ordinances, resolutions, written policies, and regulations, and every franchisee must comply with the same. The rights granted under a franchise ordinance are subject to the exercise of police and other powers the County now has or may later obtain that the County may lawfully apply to a cable communications system operator, including but not limited to the power of eminent domain. The terms of every franchise granted shall be subordinate to all the requirements of the Santa Clara County Charter as of the date the franchise became effective. Nothing herein prevents a franchisee from raising a claim or defense that a particular provision of the County Code is unlawful.

(d) A franchise does not convey title, equitable or legal, in the public rights-of-way or public property. Any right granted to franchisee by a franchise ordinance shall not be subdivided or subleased to any other person or affiliate.

(Ord. No. NS-905, § 2, 12-13-05)

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