§ 160A-319. Utility franchises. - North Carolina Statutes

§ 160A‑319.  Utilityfranchises.

(a)        A city shall haveauthority to grant upon reasonable terms franchises for a telephone system andany of the enterprises listed in G.S. 160A‑311, except a cable televisionsystem. A franchise granted by a city authorizes the operation of thefranchised activity within the city. No franchise shall be granted for a periodof more than 60 years, except that a franchise for solid waste collection ordisposal systems and facilities shall not be granted for a period of more than30 years. Except as otherwise provided by law, when a city operates anenterprise, or upon granting a franchise, a city may by ordinance make itunlawful to operate an enterprise without a franchise.

(b)        For the purposes ofthis section, "cable television system" means any system or facilitythat, by means of a master antenna and wires or cables, or by wires or cablesalone, receives, amplifies, modifies, transmits, or distributes any television,radio, or electronic signal, audio or video or both, to subscribing members ofthe public for compensation. "Cable television system" does notinclude providing master antenna services only to property owned or leased bythe same person, firm, or corporation, nor communication services rendered to acable television system by a public utility that is regulated by the NorthCarolina Utilities Commission or the Federal Communications Commission inproviding those services. (Code, ss. 704, 3117; 1901, c. 283; 1905, c. 526;Rev., s. 2916; 1907, c. 978; P.L. 1917, c. 223; C. S., s. 2623; Ex. Sess. 1921,c. 58; 1927, c. 14; 1933, c. 69; 1949, c. 938; 1955, c. 77; 1959, c. 391; 1961,c. 308; 1967, c. 100, s. 2; c. 1122, s. 1; 1969, c. 944; 1971, c. 698, s. 1;1975, c. 664, s. 11; 1991 (Reg. Sess., 1992), c. 1013, s. 2; 2006‑151, s.15.)