A. This section shall govern the procedures by which a locality may grantordinance cable franchises.
B. An ordinance cable franchise, which shall have a term of 15 years, may berequested by (i) a certificated provider of telecommunications services withprevious consent to use the public rights-of-way in a locality through afranchise; (ii) a certificated provider of telecommunications services thatlacked previous consent to provide cable service in a locality but providedtelecommunications services over facilities leased from an entity havingprevious consent to use of the public rights-of-way in such locality througha franchise; or (iii) a cable operator with previous consent to use thepublic rights-of-way to provide cable service in a locality through afranchise and who seeks to renew its existing cable franchise pursuant to §15.2-2108.30 as an ordinance cable franchise. A cable operator with previousconsent to use the public rights-of-way to provide cable service in alocality through a franchise may opt into the new terms of an ordinance cablefranchise under § 15.2-2108.26.
C. In order to obtain an ordinance cable franchise, an applicant shall firstfile with the chief administrative officer of the locality from which itseeks to receive such ordinance cable franchise a request to negotiate theterms and conditions of a negotiated cable franchise under § 15.2-2108.20. Anapplicant shall request and make itself available to participate in cablefranchise negotiations with the locality from which it seeks to receive anegotiated cable franchise at least 45 calendar days prior to filing a noticeelecting an ordinance cable franchise; this prerequisite shall not beapplicable if a locality refuses to engage in negotiations at the request ofan applicant or if the applicant already holds a negotiated cable franchisefrom the locality. Thereafter, an applicant, through its president or chiefexecutive officer, shall file notice with the locality that it elects toreceive an ordinance cable franchise at least 30 days prior to offering cablein such locality. The notice shall be accompanied by a map or a boundarydescription showing (i) the initial service area in which the cable operatorintends to provide cable service in the locality within the three-year periodrequired for an initial service area and (ii) the area in the locality inwhich the cable operator has its telephone facilities. The map or boundarydescription of the initial service areas may be amended by the cable operatorby filing with the locality a new map or boundary description of the initialservice area.
D. The cable operator shall assure that access to cable services is notdenied to any group of potential residential cable subscribers because of theincome of the residents of the local area in which such group resides. Thelocal franchising authority shall have the right to monitor and inspect thedeployment of cable services and the cable operator shall submit semiannualprogress reports detailing the current provision of cable services inaccordance with the deployment schedule and its new service area plans forthe next six months. The failure to correct or remedy any materialdeficiencies shall be subject to the same remedies as contained in the cabletelevision franchise of the existing cable operator as that franchise existedat the time of the grant of the ordinance franchise.
E. The locality from which the applicant seeks to receive an ordinance cablefranchise shall adopt any ordinance requiring adoption under this articlewithin 120 days of the applicant filing the notice required in subsection C.Any ordinance adopted under this section that relates to a cable operator'sprovision of cable service shall apply to such cable operator retroactivelyto the date on which the cable operator began to offer cable service in thelocality pursuant to this article.
F. Notice of any ordinance that requires a public hearing shall be advertisedonce a week for two successive weeks in a newspaper having generalcirculation in the locality. The advertisement shall include a statement thata copy of the full text of the ordinance is on file in the office of theclerk of the locality. All costs of such advertising shall be assessedagainst the operator or applicant.
G. If the governing body of any town adopts an ordinance pursuant to theprovisions of this article, such town shall not be subject to any ordinanceadopted by the county within which such town lies.
A. This section shall govern the procedures by which a locality may grantordinance cable franchises.
B. An ordinance cable franchise, which shall have a term of 15 years, may berequested by (i) a certificated provider of telecommunications services withprevious consent to use the public rights-of-way in a locality through afranchise; (ii) a certificated provider of telecommunications services thatlacked previous consent to provide cable service in a locality but providedtelecommunications services over facilities leased from an entity havingprevious consent to use of the public rights-of-way in such locality througha franchise; or (iii) a cable operator with previous consent to use thepublic rights-of-way to provide cable service in a locality through afranchise and who seeks to renew its existing cable franchise pursuant to §15.2-2108.30 as an ordinance cable franchise. A cable operator with previousconsent to use the public rights-of-way to provide cable service in alocality through a franchise may opt into the new terms of an ordinance cablefranchise under § 15.2-2108.26.
C. In order to obtain an ordinance cable franchise, an applicant shall firstfile with the chief administrative officer of the locality from which itseeks to receive such ordinance cable franchise a request to negotiate theterms and conditions of a negotiated cable franchise under § 15.2-2108.20. Anapplicant shall request and make itself available to participate in cablefranchise negotiations with the locality from which it seeks to receive anegotiated cable franchise at least 45 calendar days prior to filing a noticeelecting an ordinance cable franchise; this prerequisite shall not beapplicable if a locality refuses to engage in negotiations at the request ofan applicant or if the applicant already holds a negotiated cable franchisefrom the locality. Thereafter, an applicant, through its president or chiefexecutive officer, shall file notice with the locality that it elects toreceive an ordinance cable franchise at least 30 days prior to offering cablein such locality. The notice shall be accompanied by a map or a boundarydescription showing (i) the initial service area in which the cable operatorintends to provide cable service in the locality within the three-year periodrequired for an initial service area and (ii) the area in the locality inwhich the cable operator has its telephone facilities. The map or boundarydescription of the initial service areas may be amended by the cable operatorby filing with the locality a new map or boundary description of the initialservice area.
D. The cable operator shall assure that access to cable services is notdenied to any group of potential residential cable subscribers because of theincome of the residents of the local area in which such group resides. Thelocal franchising authority shall have the right to monitor and inspect thedeployment of cable services and the cable operator shall submit semiannualprogress reports detailing the current provision of cable services inaccordance with the deployment schedule and its new service area plans forthe next six months. The failure to correct or remedy any materialdeficiencies shall be subject to the same remedies as contained in the cabletelevision franchise of the existing cable operator as that franchise existedat the time of the grant of the ordinance franchise.
E. The locality from which the applicant seeks to receive an ordinance cablefranchise shall adopt any ordinance requiring adoption under this articlewithin 120 days of the applicant filing the notice required in subsection C.Any ordinance adopted under this section that relates to a cable operator'sprovision of cable service shall apply to such cable operator retroactivelyto the date on which the cable operator began to offer cable service in thelocality pursuant to this article.
F. Notice of any ordinance that requires a public hearing shall be advertisedonce a week for two successive weeks in a newspaper having generalcirculation in the locality. The advertisement shall include a statement thata copy of the full text of the ordinance is on file in the office of theclerk of the locality. All costs of such advertising shall be assessedagainst the operator or applicant.
G. If the governing body of any town adopts an ordinance pursuant to theprovisions of this article, such town shall not be subject to any ordinanceadopted by the county within which such town lies.
A. This section shall govern the procedures by which a locality may grantordinance cable franchises.
B. An ordinance cable franchise, which shall have a term of 15 years, may berequested by (i) a certificated provider of telecommunications services withprevious consent to use the public rights-of-way in a locality through afranchise; (ii) a certificated provider of telecommunications services thatlacked previous consent to provide cable service in a locality but providedtelecommunications services over facilities leased from an entity havingprevious consent to use of the public rights-of-way in such locality througha franchise; or (iii) a cable operator with previous consent to use thepublic rights-of-way to provide cable service in a locality through afranchise and who seeks to renew its existing cable franchise pursuant to §15.2-2108.30 as an ordinance cable franchise. A cable operator with previousconsent to use the public rights-of-way to provide cable service in alocality through a franchise may opt into the new terms of an ordinance cablefranchise under § 15.2-2108.26.
C. In order to obtain an ordinance cable franchise, an applicant shall firstfile with the chief administrative officer of the locality from which itseeks to receive such ordinance cable franchise a request to negotiate theterms and conditions of a negotiated cable franchise under § 15.2-2108.20. Anapplicant shall request and make itself available to participate in cablefranchise negotiations with the locality from which it seeks to receive anegotiated cable franchise at least 45 calendar days prior to filing a noticeelecting an ordinance cable franchise; this prerequisite shall not beapplicable if a locality refuses to engage in negotiations at the request ofan applicant or if the applicant already holds a negotiated cable franchisefrom the locality. Thereafter, an applicant, through its president or chiefexecutive officer, shall file notice with the locality that it elects toreceive an ordinance cable franchise at least 30 days prior to offering cablein such locality. The notice shall be accompanied by a map or a boundarydescription showing (i) the initial service area in which the cable operatorintends to provide cable service in the locality within the three-year periodrequired for an initial service area and (ii) the area in the locality inwhich the cable operator has its telephone facilities. The map or boundarydescription of the initial service areas may be amended by the cable operatorby filing with the locality a new map or boundary description of the initialservice area.
D. The cable operator shall assure that access to cable services is notdenied to any group of potential residential cable subscribers because of theincome of the residents of the local area in which such group resides. Thelocal franchising authority shall have the right to monitor and inspect thedeployment of cable services and the cable operator shall submit semiannualprogress reports detailing the current provision of cable services inaccordance with the deployment schedule and its new service area plans forthe next six months. The failure to correct or remedy any materialdeficiencies shall be subject to the same remedies as contained in the cabletelevision franchise of the existing cable operator as that franchise existedat the time of the grant of the ordinance franchise.
E. The locality from which the applicant seeks to receive an ordinance cablefranchise shall adopt any ordinance requiring adoption under this articlewithin 120 days of the applicant filing the notice required in subsection C.Any ordinance adopted under this section that relates to a cable operator'sprovision of cable service shall apply to such cable operator retroactivelyto the date on which the cable operator began to offer cable service in thelocality pursuant to this article.
F. Notice of any ordinance that requires a public hearing shall be advertisedonce a week for two successive weeks in a newspaper having generalcirculation in the locality. The advertisement shall include a statement thata copy of the full text of the ordinance is on file in the office of theclerk of the locality. All costs of such advertising shall be assessedagainst the operator or applicant.
G. If the governing body of any town adopts an ordinance pursuant to theprovisions of this article, such town shall not be subject to any ordinanceadopted by the county within which such town lies.
