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MAY 51982 <br />INDIAN RIVER COUNTY ORDINANCE NO.82-7 <br />AN ORDINANCE PROVIDING FOR THE LICENSING OF <br />CABLE TELEVISION COMPANIES OPERATING IN THE <br />UNINCORPORATED PORTION OF INDIAN RIVER COUNTY <br />PROVIDING FOR; APPLICABILITY; DEFINITIONS; LICENSE <br />REQUIRED; LICENSE APPLICATION PROCEDURE; CHANNEL <br />REQUIREMENTS; MINIMUM RECEPTION STANDARDS AND SIGNAL <br />QUALITY REQUIREMENTS; PERMIT AND EASEMENT REQUIREMENTS; <br />FEDERAL COMMUNICATIONS COMMISSION PETITIONS AND <br />LICENSES; CHANGE OF OWNERSHIP, CONTROL OR TRANSFER OF <br />LICENSE; LIABILITY AND INDEMNIFICATION; PAYMENTS TO <br />COUNTY; NON-EXCLUSIVE LICENSE; LICENSEES' BOOKS AND <br />RECORDS; OTHER PERMITS AND LICENSES; RESERVATION OF <br />COUNTY RIGHTS IN RESPECT TO LICENSES; SAFETY <br />REQUIREMENTS; RATE AND INSTALLATION SCHEDULE; OPERATION <br />AND MAINTENANCE; PREFERENTIAL OR DISCRIMINATORY <br />PRACTICES; CONSUMER PROTECTION PROVISIONS; PERMIT <br />REQUIRED; RELOCATION OF FACILITIES; JOINT OR COMMON <br />USE OF POLES; GROUND FOR REVOCATION OR SUSPENSION OF <br />LICENSE; PROCEDURE FOR REVOCATION OR SUSPENSION, <br />REVIEW OF ADVERSE DECISION; TERMINATION AND <br />CANCELLATION OF LICENSE BY RESOLUTION AND RIGHTS <br />RESERVED BY COUNTY; PROCEDURE FOR CORRECTION OF <br />ERRORS IN ISSUANCE OF LICENSES; PERMITS GRANTED <br />PRIOR TO THIS ORDINANCE; ACCEPTANCE OF BENEFITS; <br />PENALTIES AND MISCELLANEOUS PROVISIONS; CONFLICTING <br />LAWS, PRE-EMPTION BY FEDERAL COMMUNICATIONS COMMISSION <br />RULES AND REGULATIONS OVER ORDINANCE PROVISIONS; <br />INCORPORATION OF ORDINANCE IN_ -COUNTY CODE; SEVERABILITY; <br />AND EFFECTIVE DATE. <br />WHEREAS, Article VIII of the 1968 Constitution of the <br />State of Florida grants to County government the powers of <br />self-government as provided by general or special law and <br />authorizes the County Commission to enact County ordinances not <br />inconsistent with general or special law, and <br />WHEREAS, Florida Statute Section 125.01 grants to the <br />various counties the power to carry on County government and <br />perform any act not inconsistent with the law which is in the <br />common interest of the people of the County including.but not <br />limited•to the power to establish, coordinate and enforce business <br />regulations as are necessary for the protection of the public, to <br />adopt technical codes and regulations and to regulate arterial and <br />other roads and related facilities, and <br />WHEREAS, the Board of County Commissioners has control <br />and responsibility of county roads and rights of ways and declares <br />it to be in the public interest to regulate their use by cable <br />television companies; to provide control over the method and <br />manner of said use in order to prevent damage to the roadbed and <br />to the entire width of the rights of way, including drainage <br />-1- <br />