§ 9.2-12-1. Powers and responsibilities.

(a)

The Board delegates the performance of any act, duty, obligation, or exercise of any power under this Chapter or any franchise agreement to the Cable Television Administrator, except where this Chapter specifies that the Board shall take an action or federal or state law requires action by the franchising authority.

(b)

Day-to-day administration of this Chapter and franchises within the County shall be assigned to the Cable Television Administrator. The Cable Television Administrator's powers and responsibilities include, but are not limited to, the following functions:

(1)

Reviewing and evaluating applications for franchises and making recommendations to the Board;

(2)

Monitoring the timely performance of Grantees in fulfilling their obligations under their franchise agreements and this Chapter;

(3)

Advising and making recommendations to the Board on technical, engineering, and police power regulations of cable and other communications systems within the County;

(4)

Cooperating with other cable and other communications systems, system operators and governmental units in the development and supervision of the interconnection of systems;

(5)

Reviewing books, records, and reports a Grantee is required to provide pursuant to this Chapter or a franchise agreement, as well as reports filed with the FCC or any other regulatory agencies, and, at the Cable Television Administrator's discretion, requiring the preparation and filing of information in addition to that otherwise required by this Chapter or applicable law pursuant to Section 9.2-8-1 of this Chapter;

(6)

Monitoring a Grantee's performance under and compliance with the terms of an applicable franchise agreement and this Chapter and making recommendations to the Board to ensure such compliance or advising and making recommendations on matters that may constitute grounds for revoking or shortening the term of a Franchise;

(7)

Receiving and investigating complaints against a Grantee and advising a Grantee of the receipt of subscriber complaints affecting a Grantee's system;

(8)

Seeking recovery of liquidated damages provided for in a franchise agreement, including but not limited to withdrawing money from security instruments pursuant to a franchise agreement;

(9)

Advising the Board with regard to the County's authority to regulate, franchise, or authorize cable and other communications systems in the County;

(10)

Developing policies to encourage growth and competition in communications, and evaluating the impact of cable and other communications systems on the County, for review and implementation by the Board;

(11)

Executing agreements with Grantees and other third parties as appropriate to (A) establish safeguards, subject to the requirements of the Virginia Freedom of Information Act, Virginia Code § 2.2-3700, et seq., and the disclosure requirements of any other applicable law, to protect proprietary and confidential documents that Grantees provide pursuant to this Chapter or a cable franchise; and (B) toll the running of statutes of limitation, contractual limitations periods, or other deadlines when doing so will protect the County's rights and interests under this Chapter or a cable franchise agreement; and

(12)

Other duties as assigned by the Board and the County Executive.

(c)

The Board shall have the sole authority to: (i) grant franchises; (ii) authorize the entering into of franchise agreements; (iii) renew franchises; (iv) revoke or shorten the term of a franchise; (v) modify a franchise; and (vi) authorize the transfer of a franchise. (35-19-9.2.)

[Formerly Sec. 9.1-4-1]