The term of an initial or renewal franchise may be for a period not to exceed fifteen
(15) years from the date that the franchise, franchise resolution, or franchise agreement
is approved by the board/franchising authority.
(b)
Should the highest court of the nation or state or the U.S. Congress invalidate, void
as unenforceable, or rule unconstitutional, the concept of franchise or franchise
duration, then the board/franchising authority may adopt emergency rules and regulations
consistent with such court ruling or congressional act in order to preserve and protect
the rights and duties of both the board/franchising authority and any franchised cable
operator. During the interim, the invalid franchise may be considered (unless prohibited
by the state) and interpreted in the same manner and fashion as a business license.
Upon adoption of emergency rules, the board/franchising authority may enter into a
new contract, license, or other written document allowed by both the federal and state
governments. Such contract, license, or document should describe the terms and conditions
of the relationship between the franchised cable operator and the board/franchising
authority and under what circumstances a franchised cable operator may have the right
to operate a cable system within all, or part, of the county.
(Ord. No. 97-023, § 1, 4-22-97)
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