2025 Ordinances - Laserfiche WebLink

Home Browse Search

1.33. Title VI: Title VI of the Communications Act. 1.34. Transfer of the Franchise: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, §15.2-2108.19, meaning any transaction in which (i) an ownership or other interest in the Franchisee is transferred, directly or indirectly, from one person or group of persons to another person or group of persons, so that majority control of the Franchisee is transferred; or (ii) the rights and obligations held by the Franchisee under the Franchise are transferred or assigned to another person or group of persons. However, notwithstanding clauses (i) and (ii) of the preceding sentence, a transfer of the cable franchise shall not include (a) transfer of an ownership or other interest in the Franchisee to the parent of the Franchisee or to another affiliate of the Franchisee; (b) transfer of an interest in the cable franchise granted under this article or the rights held by the Franchisee under the Franchise to the parent of the Franchisee or to another affiliate of the Franchisee; (c) any action that is the result of a merger of the parent of the Franchisee; (d) any action that is the result of a merger of another affiliate of the Franchisee; or (e) a transfer in trust, by mortgage, or by assignment of any rights, title, or interest of the Franchisee in the Franchise or the Cable System used to provide Cable Services in order to secure indebtedness. 1.35. Video Programming: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, §15.2-2108.19, meaning programming provided by, or generally considered comparable to, programming provided by a television broadcast station. 1.36. Video Service Provider or VSP: Any entity to which the LFA has expressly granted the right to use any portion of the Public Rights -of -Way to provide Video Programming services to multiple subscribers within the territorial boundaries of the LFA. A VSP shall include, but is not limited to, any entity that provides Cable Services within the territorial boundaries of the LFA. 2. GRANT OF AUTHORITY: LIMITS AND RESERVATIONS 2.1. Grant of Authority: Subject to the terms and conditions of this Agreement, and applicable provisions of Section 15.2 of the Code of Virginia and the Communications Act, the LFA hereby grants the Franchisee the right to own, construct, reconstruct, operate and maintain a Cable System along the Public Rights -of -Way within the Franchise Area, in order to provide Cable Service. This Agreement grants no additional authority for Franchisee to utilize the LFA's Public Rights -of -Way for any other purpose unless otherwise expressly provided herein or provided by law. No privilege or power of eminent domain is bestowed by this grant; nor is such a privilege or power bestowed by this Agreement. 2.2. Facility Construction and Public Rights -of -Way Management: The LFA hereby agrees to comply with Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, § 15.2-2108.24, in its current form and as it may be amended. The Parties agree that § 15.2- 2108.24 currently reads as follows: A locality shall not impose through a franchise to provide cable service, whether by negotiation or by ordinance, any facility construction or rights-