Code of Ordinances

Of Union County, Illinois.

8-1-3 Granting and Scope of Franchise

(A) Franchise Required.  No person shall provide Cable Service within the Franchise Area without a Franchise Agreement.

(B) Granting of Franchise.  The Board may grant one or more non-exclusive Franchises for the use of the Public Right-of-Way within the Franchise Area for the construction, operation and maintenance of a Cable System.

(C) Franchise Non-Exclusive.  Any Franchise granted pursuant to this Chapter shall be non-exclusive.

(D) Franchise Application.  The County may require that any Person seeking a Franchise under this Chapter provide the County with a written application in a format prescribed by the County.

(E) Term, Expiration, Renewal and Transfer.

  1. Any Franchise granted pursuant to this Chapter shall be for a term no longer than fifteen (15) years.
  2. Any Franchise granted pursuant to this Chapter shall terminate upon the expiration of the term of the Franchise unless renewed pursuant to this Section.
  3. Any Franchise granted pursuant to this Chapter may be renewed by mutual agreement of the County and a Franchisee pursuant to federal law.
  4. Any right, title, or interest in a Franchise granted pursuant to this Chapter shall not be sold, transferred, assigned, or otherwise encumbered, other than to an entity controlling, controlled by, or under common control with a Franchisee, without prior written notice to the County.  No such notice shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of a Franchisee in the Franchise or Cable System in order to secure indebtedness.

(D) Franchise Area.  The geographic area covered by any Franchise granted pursuant to this Chapter shall be the unincorporated portions of the County.

(E) Use of Public Right-of-Way Non-Exclusive.  Any use of the Public Right-of-Way granted pursuant to this Chapter and any Franchise Agreement shall be non-exclusive and the County may grant similar use of the Public Right-of-Way to any other person at any time.

(F) Use of County Property.  Nothing in this Chapter or any Franchise Agreement shall grant a Franchisee any right to property owned by the County.

(G) Revocation of Franchise.

  1. The County may revoke a Franchise and any and all rights and privileges of a Franchisee under this Chapter, and under any Franchise Agreement, upon the occurrence of any substantial breach of this Chapter or of any Franchise Agreement.  For purposes of this Chapter, and any Franchise Agreement made pursuant to this Chapter, substantial breach shall include the following:
    • Failure, after notice and an opportunity to cure, of a Franchisee to pay any portion of a Franchise Fee; or
    • Failure, after notice and an opportunity to cure, of a Franchisee to comply with any material provision of this Chapter or any Franchise Agreement; or
    • Material fraud or misrepresentation by the Franchisee in obtaining the Franchise; or
    • Insolvency or bankruptcy of the Franchisee.
  2. Upon the occurrence of any substantial breach, the County shall provide the Franchisee with written notice describing the nature of the substantial breach and, if applicable, requiring that the Franchisee correct the substantial breach within thirty (30) days.  Within thirty (30) days of delivery of such written notice, the Franchisee shall respond in writing either contesting the County’s notice of substantial breach or outlining correction measure being undertaken by the Franchisee.  The Franchisee may file a written request for a hearing on the matter.  The County shall hold such hearing within thirty (30) days of any such request filed by the Franchisee.  The Board shall preside at any such hearing and determine whether a substantial breach has occurred.  The Board shall render a record of its proceedings and of its findings.

Retrieved from: www.unioncountyil.gov