HomeMy WebLinkAboutbocc.ord.030.1999AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO
AUTHORIZING THE GRANTING OF ONE OR MORE
NON-EXCLUSIVE CABLE TELEVISION FRANCHISES
ORDINANCE #99- ("1
RECITALS
1. Pitkin County is a Home Rule County and the Board of County Commissioners
("Board") is authorized to exercise all of the powers enumerated in the Colorado County Home
Rule Powers Act (Sections 30-35-101, et seq., of the Colorado Revised Statutes) and the Pitkin
County Home Rule Charter, as well as all other County powers as provided by law.
2. Pursuant to Section 30-35-201(25) of the Colorado Revised Statutes, the County
has the authority to grant franchises to companies to build and operate cable systems in the
County.
3. Pursuant to the federal Cable Communications Policy Act of 1984, as amended by
the Cable Television Consumer Protection and Competition Act of 1992 and the
Telecommunications Act of 1996 (collectively the "Cable Acts"), 47 U.S.C., §§ 521, et seq., as
such may be further amended, the County has regulatory jurisdiction over certain aspects of cable
operations.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of Pitkin County, Colorado, as follows:
Section 1. This is an enabling Ordinance authorizing the operation of cable television
systems in the County, but it does not take the place of any cable television system franchise
("Franchise") which is required by the County.
Section 2. No cable operator shall offer cable service to subscribers by means of a
cable system within the County unless it holds a Franchise authorizing such a system within the
County and in, under, and over streets of the County.
Section 3. It shall also be the responsibility of a cable operator to obtain any and all
permits as are necessary for the operation and conduct of its business activities in the County.
Section 4. The Board is authorized to enter into Franchises upon such terms and
conditions as it deems reasonably appropriate, which terms and conditions may include, without
limitation, those relating to franchise fees, indemnification, reports and records, customer service
and public, educational and governmental access, to the extent allowed by federal law.
Ordinance No. 99- 91
Section 5. The duration of each Franchise shall be determined by the Board as
specified in the cable operator's Franchise.
Section 6. All Franchises granted by the Board shall be nonexclusive, and the Board
reserves the right to issue as many such Franchises as it deems advisable in the public interest,
provided that the material provisions thereof shall be reasonably comparable in order that one
cable operator not be granted an unfair competitive advantage over another.
Section 7. As compensation for the benefits and privileges granted pursuant to a
Franchise, and in consideration of permission to use the County's streets, a cable operator shall
pay franchise fees to the County as specified in the Franchise, but in no event shall the franchise
fee percentage exceed the amount authorized by the Cable Acts.
Section 8. All work authorized and required pursuant to a Franchise shall be done in a
safe, thorough, and workmanlike manner. A cable operator must comply with all federal, State
and County requirements, rules, regulations, laws and practices, and employ all necessary devices
as required by applicable law during construction, operation, and repair of its cable system.
Section 9. All installations of equipment by a cable operator shall be durable and
installed in accordance with good engineering practices and in compliance with all existing County
regulations and ordinances, and federal and State laws so as not to interfere in any manner with
the right of the public or an individual property owner, and shall not interfere with the travel and
use of public places by the public during the construction, repair, operation, or removal thereof,
and shall not obstruct or impede traffic.
Section 10. A cable operator shall provide insurance protection for the County in the
types and amounts specified in the Franchise.
Section 11. A cable operator is subject to the lawful police powers of the County to
adopt and enforce ordinances necessary for the safety, health, and welfare of the public, and a
cable operator must comply with all generally applicable laws and ordinances enacted, or hereafter
enacted, by the County pursuant to such police powers.
Section 12. In the event of a conflict between any provisions of this Ordinance and a
Franchise, this Ordinance shall control.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 11ru
DAY OF AUGUST, 1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON THE 13th DAY OF AUGUST 1999.
7 Ordinance No. 99,
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 25Tn
DAY OF AUGUST, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 3'u) DAY OF SEPTEMBER 1999.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Je fi ette Jones / Leslie J. Lamo
Duty Clerk Chair
Date: '12,
APPROVED AS TO FORM:
L
Deborah Quinn
Assistant County Attorney
MANAGER APPROVAL:
Su t1e Ko cha
Co i Manage