§ 8A-128.4. Rules and regulations.  


Latest version.
  • The County Manager shall make and prescribe such rules and regulations reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this article. Such rules and regulations shall establish a procedure for the Manager's approval of the installation of CATV distribution systems, which procedure shall provide for the orderly, logical progressive expansion or extension of CATV systems throughout the entire County. Such rules and regulations shall conform to the provisions of this article and shall not conflict with the Constitution and General Laws of the State of Florida, and the Constitution and laws of the United States, and the rules and regulations of any agency, State or federal, having jurisdiction, including, but not limited to, the Federal Communications Commission. Rules and regulations promulgated by the County Manager shall insure fair and equitable treatment for all municipalities affected by cable service, particularly [those rules] concerning utilization of local government use channels. No such rules and regulations shall become effective until a public hearing has been held upon the proposed rules and regulations, and any amendments or modifications thereto, and the same have been approved by resolution by the County Commission and filed with the Clerk of the Commission. Upon approval by the Commission, such rules and regulations shall prescribe forms for use by Licensees in compliance with the provisions of this chapter. Any member of the County Manager's staff, so designated by the County Manager, may administer oaths, certify to official acts, issue subpoenas, and compel the attendance of witnesses and the production of papers, account books, contracts, documents and other records, data or information, when necessary, convenient, or appropriate in the discharge of the duties of the Office. The County Manager, or duly authorized representatives of the County Manager, may during all reasonable hours enter upon any premises or property owned, operated or occupied by any Licensee as defined herein, and may set upon and use thereon all necessary apparatus and appliances for the purpose of making investigations, inspections, examinations and tests, and of exercising any of the powers conferred upon the County Manager by this article; provided, however, that such Licensee shall have the right to be notified of and be represented at the making of such investigations, inspections, examinations or tests. Should the State of Florida or the Federal Communications Commission require the Licensee to deliver any signals in addition to those required by this article, or perform or refrain from performing any act the performance or nonperformance of which is inconsistent with any of the provisions of this article or the License, the County Manager shall institute immediate action, which shall not be more than thirty (30) days in time, to recommend to the Commission appropriate action concerning the article or License. Licensee shall be subject to and bound by the FCC modification of the franchise fee limitation specified in Section 76.31 of the Federal Communications Commission Rules or any successor rule thereto.

(Ord. No. 74-88, §§ 2, 10, 10-15-74; Ord. No. 77-91, § 3, 12-20-77; Ord. No. 82-66, § 1, 7-20-82)