§ 8AA-12. Expansion of a license area.

Except for pass-through facilities to connect noncontiguous portions of a licensee's license area, no facilities or equipment may be installed outside of the licensee's area, and the licensee shall not offer or provide service to persons outside of the license area. Licensees may apply for an expansion of their license area by filing an application accompanied by the required application fee. Only applicants that have an existing cable license approved by the Board of County Commissioners will be considered.

(a)

The Director shall investigate all applications for installation of cable distribution systems to determine whether the application meets the following standards:

(1)

The requested installation is within the applicant's license area;

(2)

The licensee has adequate financial and managerial resources to complete the requested installation in a logical, orderly and prompt fashion;

(3)

The licensee is in full compliance with all provisions of this chapter and any approved rules and regulations;

(4)

The expansion will meet reasonably anticipated community needs and serve the public interest; and all other factors as the County may determine to be relevant.

(b)

Should the Director determine that the requested installation is within the licensed areas, the Director shall, within ten (10) days after receipt of the application, provide notice of the application to the cable licensee or licensees operating within the County. Such affected licensee may, within twenty (20) days after the date shown on the face of the notice provide written comments regarding the requested installation. The Director shall consider and respond to any such comments received in a timely manner.

(c)

Applications for installation of cable distribution systems shall be approved or disapproved by the Director, whether in whole or in part, in writing not later than ninety (90) days after receipt of an application. Applications for which decisions are not rendered within ninety (90) days shall be considered approved in their entirety. The Director shall notify the licensee, the Public Works Department, the utility companies, and each licensee in the affected area of his decision.

(Ord. No. 90-73, § 1, 7-24-90; Ord. No. 97-32, § 1, 4-15-97; Ord. No. 01-44, § 1, 3-20-01)