5030

COUNTY LOCAL LAWS

THE COUNTY IN WHICH THE DENSITY OF RESIDENTIAL
SUBSCRIBERS IS 100 OR MORE PER SQUARE MILE. ALL
APPROVALS AND/OR LICENSES AND/OR PERMITS REQUIRED TO
CONSTRUCT THE SYSTEM SHALL BE APPLIED FOR, AND THE
APPLICATION FOR CERTIFICATE OF COMPLIANCE FILED WITH THE
FCC, WITHIN SIXTY (60) DAYS, BY THE COMPANY, FROM THE
DATE OF THE GRANTING OF THE FRANCHISE.

Section 2—15.5 Operation

(d) Based upon the Council's findings of public
need, which findings shall be predicated upon usage of
either the County, public, or educational channels(s) for
a period of 80% of the weekdays for 80% of any
consecutive three—hour period for six consecutive weeks,
the company shall, within a period not to exceed six
months, make an additional channel(s) available for use
for which the public need has been demonstrated. No
charge shall be made for any additional channel (s) as
herein set forth[.] FOR A PERIOD OF FIVE YEARS AFTER
COMPLETION OF THE CABLE SYSTEM'S BASIC TRUNK LINE.
THEREAFTER, THE CHARGES SHALL BE THE MINIMUM CONSISTENT
WITH THE RULES AND REGULATIONS OF THE FCC.

(g) On the Public Channel, the Company shall
provide time on a first—come first-serve basis, except
that the Company shall endeavor to provide such channel
time to as many different persons as is practical. To
maximize the opportunity for freedom of expression and
diversity of the sources of public opinion, the program
content on the Public Channel shall be free from any
censorship or control by the Company[.] EXCEPT AS MAY BE
NECESSARY FOR THE COMPANY TO COMPLY WITH THE RULES AND
REGULATIONS OF THE FCC GOVERNING THE USES OF SUCH PUBLIC
CHANNEL(S).

Section 2—15.7 Rates

(f)     In the event that the Company seeks to have a
rate established for a new service or to increase the
rates of existing services, it shall file a written
request specifying the justification thereof, and the
Council shall rule on each such request within one
hundred fifty (150) days from the date of the Company's
filing or within thirty (30) days after the filing of
additional supporting data, as requested by the Council,
whichever date is later. NO INCREASE IN RATES CHARGED TO
SUBSCRIBERS SHALL BE MADE UNTIL THE CONCLUSION OF AN
APPROPRIATE PUBLIC PROCEEDING AFFORDING DUE PROCESS.

(g)    No charge shall be made to the County for the
use of the County Channel(s) or to the School System for
use of its channel(s)[.] UNTIL FIVE YEARS AFTER
COMPLETION OF THE CABLE SYSTEM'S BASIC TRUNK LINE.