Douglas County District Attorney
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Title 1 General Provisions
Title 2 Administration and Personnel
Title 3 Revenue and Finance
Title 5 Business Licenses and Regulations
5.02 Fictitious Business Names
5.04 Gambling Establishments
5.06 Alarm Device Regulations
5.08 Intoxicating Liquor Sale Licenses
5.12 Outdoor Festivals
5.16 Tent Shows and Circuses
5.20 Water Companies
5.24 Traveling Merchants
5.26 Escort Bureaus
5.28 Solicitation of Funds
5.32 Time-Sharing Developments
5.34 Cable Television Franchises
5.36 Adult Characterized Businesses
5.40 Vacation Rentals in the Tahoe Township
Title 6 Animals
Title 8 Health and Safety
Title 9 Criminal Code
Title 10 Vehicles and Traffic
Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Effective Date
Table of Ordinances
Index



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County Codes
Title 5 Business Licenses and Regulations
5.34 Cable Television Franchises
5.34.010 Definitions
5.34.020 Application for franchise
5.34.030 Action on the application
5.34.040 Effect of granting a franchise to install and operate cable television systems
5.34.050 Franchise fees
5.34.060 Subscriber complaints
5.34.070 Violations and penalties
5.34.080 Term of franchise
5.34.090 Renewal of franchise
5.34.100 Applicability of federal and state regulations

5.34.010 Definitions
    A.  "Board" means the Douglas County board of county commissioners. 
    B.  "Cable television system, CATV system, cable system or community antenna television system" is a facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment designed to provide video and other programming and information to subscribing members of the public but does not include any system which serves: 
        1.  Fewer than fifty subscribers; or 
        2.  Only the residents of one or more apartment dwellings under common ownership, control or management, and commercial establishments located on the premises of those dwellings if the buildings are separated by not more than one public street or right-of-way. As used in this section, apartment dwelling does not include a hotel, motel, condominium, townhouse or other similar dwelling.
    C.  "Community antenna television company" means any person or organization which owns, controls, operates or manages a community antenna television system, except that the definition does not include: 
        1.  A telephone, telegraph or electric utility regulated by the commission where the utility merely leases or rents to a community antenna television company wires or cable for the redistribution of television signals to or toward subscribers of that company; or 
        2.  A telephone or telegraph utility regulated by the commission where the utility merely provides channels of communication under published tariffs filed with the commission to a community antenna television company for the redistribution of television signals to or toward subscribers of that company.
    D.  "County" is the county of Douglas, a political subdivision of the State of Nevada. 
    E.  "Facility" means all real property, antenna, poles, wires, cables, conduits, amplifiers, instruments, appliances, fixtures and other personal property used by the community antenna television company to provide service to its subscribers. 
    F.  "Franchise" means the authorization granted hereunder in terms of a franchise, right, privilege, permit, license or otherwise, which evidences the county's assent to the grantee constructing, operating and maintaining a cable television system within the franchise area granted by the county. 
    G. "Franchise area" means the geographic area within the boundaries of the county for which a franchise has been granted. 
    H.  "Grantee or franchisee means" the person granted a franchise by the board under the ordinance codified in this chapter, or the lawful successor, transferee or assignee of such person. 
    I.  "Gross revenues" mean the compensation, in whatever form, derived directly or indirectly by a grantee from and in connection with the operation of a cable system within the county exclusive of: 
        1.  Taxes or services imposed directly on any subscriber or user by a governmental entity, and collected by grantee for the entity; 
        2.  Any refundable deposits which are not retained by the grantee; 
        3.  The proceeds of any sale or exchange of assets of the grantee; and 
        4.  Any fees or annual assessment paid by the company for the use of pay or premium channels.
    J.  "Person" means any natural person, firm, partnership, association, corporation, joint stock corporation, sole proprietorship, syndicate, club or common law trust and society. 
    K.  "Subscriber" or "user" means any person lawfully receiving any service provided by a cable television system within the county. (Ord. 447 §1 (part), 1986)
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5.34.020 Application for franchise
Any person who is desirous of obtaining a franchise to operate a community antenna television system within the county shall submit an application to the board. The application must include the following information: 
    A.  A statement of the public need for the proposed service or acquisition; 
    B.  A financial statement sufficient for the board to determine the financial responsibility of the applicant; 
    C.  The names of the principals involved in any corporation, partnership, joint venture or association and in all other cases the name of the applicant; 
    D.  A statement of the services the applicant proposes to provide to the subscriber area; 
    E.  A statement of the initial rates that the applicant proposes to charge subscribers to the service; and 
    F.  Any other information as the board may require to show the suitability of the applicant to receive the franchise and the ability of the applicant to perform efficiently the service for which the authority is requested. (Ord. 447 §1 (part), 1986)
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5.34.030 Action on the application
After receiving an application for a franchise, the board shall set the matter for a public hearing. The public hearing may be held independently or in conjunction with a hearing on any ordinance which proposes granting a franchise. In no event, however, shall a franchise be granted without the applicant having first caused to be published in a newspaper of general circulation in the franchise area a notice of the time and place for the public hearing on the application or ordinance, the publication to be made at least once and no later than ten days prior to the date set for the public hearing. At the time and place for the public hearing, the board shall receive testimony from the applicant and other interested parties to determine the propriety of granting a franchise to the applicant for the area requested. Following the hearing, should the board determine that it is in the best public interest of the people of Douglas County, it may grant a franchise to the applicant for the construction, maintenance and operation of a community antenna television system for the area it deems appropriate. The franchise shall be granted through an agreement adopted as an ordinance of Douglas County, Nevada. Nothing in this provision or any section of this chapter shall be construed to require the county to grant to any person a franchise for any portion of Douglas County. (Ord. 447 §1 (part), 1986)
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5.34.040 Effect of granting a franchise to install and operate cable television systems
    A.  The board may grant to any person, whether or not operating under an existing franchise, who or which agrees to furnish and provide a system under and pursuant to the terms and provisions of this chapter, either an exclusive or nonexclusive franchise to engage in the business of operating and providing a cable television system in the franchise area, and for that purpose the right to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public ways and all extensions thereof and additions thereto in the franchise area, poles, wires, cable, conductors, ducts, conduit, vaults, manholes, pedestals, amplifiers, appliances, attachments and other property necessary and appurtenant to the cable television system; and in addition to use, operate and provide similar facilities or properties rented or leased from other persons, including but not limited to any public utility or similar entity permitted to do business in the franchise area. No cable television system shall be allowed to occupy or use the public ways of the franchise area or be allowed to operate without a cable television franchise. The grantee shall at all times during the term of this franchise be subject to all lawful exercise of the general police power by the county. 
    B.  In using public ways as referred to in this section, and in using any easements which have been dedicated for uses compatible with that of a cable television system, the grantee shall insure: 
        1.  That the safety, use and appearance of the property and the convenience and safety of other persons not be adversely affected by the installation or construction of facilities for a cable television system; 
        2.  That the cost of the installation, construction, operation or removal of the facilities be borne by the cable operator; and 
        3.  That the owner of the property through which any easement may cross be justly compensated by grantee for any damages caused by the installation, construction, operation or removal of facilities by grantee.
    C.  Extensions of lines from public ways to the dwelling of an individual subscriber shall be made underground except in those instances where telephone and/or power service are provided to the dwelling via overhead service. If placing lines underground causes grantee undue hardship, the grantee may petition the board for relief from this requirement. In granting relief the board may impose reasonable conditions to ensure that the safety, use and appearance of the area will not be adversely affected. (Ord. 447 §1 (part), 1986)
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5.34.050 Franchise fees
The board, at the time of granting the franchise, shall set the franchise fee to be paid by the applicant. The total amount of fees paid in any one year for a franchise shall not exceed five percent of the company's gross revenue in the preceding year. (Ord. 447 §1 (part), 1986)
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5.34.060 Subscriber complaints
    A.  All franchises granted pursuant to this chapter shall include a provision providing for the handling of subscriber complaints. The minimum requirements of a grantee in this regard shall be as follows: 
        1.  The grantee shall provide for complaints to be received either in person or by phone on a twenty-four-hour basis, seven days a week; 
        2.  The grantee shall agree to respond to the complaint in a reasonable manner within twenty-four hours of receipt of the complaint; and 
        3.  Grantee must provide to its subscribers a notification informing them of the process established for the handling of subscriber complaints and the requirements of the franchise and/or the ordinance codified in this chapter whichever is stricter.
    Nothing in this section shall be construed as limiting the board's power to include additional complaint handling procedures as a condition of granting the franchise under this chapter. 
    B.  At any time that the board determines that based upon the number of subscriber complaints received by it, relating to the quality of service, timeliness of repairs, restoration of lost signals or weak signals, or other similar complaints, the board may require the grantee to appear before it after giving grantee thirty days' written notice indicating the nature of the complaint, to explain the reason for the failure to address the subscriber complaints. If upon the conclusion of the hearing, the board determines that the grantee is at fault, it may order the grantee to take necessary and reasonable corrective action to alleviate the complaints and in addition thereto, may fine the grantee in an amount not to exceed two hundred dollars for each complaint. The action of the board shall be final. The grantee may appeal the decision of the board of commissioners to the district court for a determination as to whether the record before the board discloses sufficient evidence to support the decision. (Ord. 447 §1 (part), 1986)
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5.34.070 Violations and penalties
    A.  Any person, whether in his individual capacity or as an agent, employee or officer of any organization, who engages in the business of conducting a cable television system without first obtaining a franchise from the county or who violates any provision of this chapter or any rule or regulation promulgated thereunder, is guilty of a misdemeanor. 
    B.  Any person who knowingly: 
        1.  Makes or maintains a connection or attaches any device to any line or other component of a community antenna television company; 
        2.  Purchases or possesses any device; or 
        3.  Makes or maintains any modification to any device installed for a community antenna television company, to intercept or receive any program or other service provided by a community antenna television company without the authorization of the company is guilty of a misdemeanor.
    C.  Any person who knowingly and without the authorization of a community antenna television company: 
        1.  Imports into this state or county; 
        2.  Distributes; or 
        3.  Sells, offers or advertises to sell, or possesses with the intent to sell, any device designed to decode a signal encoded by the community antenna television company is guilty of a misdemeanor.
    D.  Any person who violates subsection B (1) or B (3) of this section or any provision of subsection C of this section, is liable to the community antenna television company injured by such conduct for three times any actual damage incurred by the company and reasonable attorney's fees, but not more than the amount provided in NRS 73.010 as the jurisdictional limit for small claims in justices' courts. For any action brought under this section, proof that any of the acts prohibited in subsection B were committed on or about the premises occupied by the defendant is prima facie evidence that the acts were committed by the defendant.
    An owner or operator of a community antenna television company may bring an action to enjoin any violation of subsections B and C of this section. 
    E.  A criminal action or proceeding under subsections B, C and D of this section may be commenced at any time within five years after the conduct in violation of this section occurs. A civil action or proceeding under subsection D may be commenced at any time within five years after the violation occurs or after the injured person sustains the injury, whichever is later. (Ord. 447 §1 (part), 1986)
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5.34.080 Term of franchise
Any franchise granted under this chapter may not exceed fifteen years but may be for any lesser period of time as the board determines is in the best interest of the public. (Ord. 447 §1 (part), 1986)
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5.34.090 Renewal of franchise
A grantee of a franchise under this chapter may request that his franchise be renewed. The request shall be made by filing in writing with the clerk of the board notification of the grantee's intent to seek a renewal of the franchise. The written notice may be filed not sooner than three years prior to the expiration date of the franchise. The board may not refuse to renew the franchise of a community antenna television company unless it finds that:     
    A.  The ability of the company to provide services to its subscribers has substantially changed; 
    B.  The company substantially failed to comply with a term or condition of the franchise; 
    C.  The quality of the transmissions of the company has consistently failed to meet the standards for transmissions adopted by the Federal Communications Commission; 
    D.  The company failed to comply with a requirement for the setting aside of additional channels or for additional facilities which requirement is reasonable and based upon the needs of the subscribers within the jurisdiction of the local government; or 
    E.  The company refused to accept a reasonable term or condition which the governing body proposed to add to the franchise. (Ord. 447 §1 (part), 1986).
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5.34.100 Applicability of federal and state regulations
Any franchise granted pursuant to this chapter shall be subject to the laws, rules, regulations and policies of the state of Nevada and any laws, rules, regulations and policies of the federal government specifically made applicable to Douglas County, Nevada as the franchising authority or any franchisee. (Ord. 447 §1 (part), 1986)
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