§ 9.2-3-3. Franchise areas.

(a)

Reston Franchise Area: That portion of Fairfax County beginning at the intersection of Fox Mill Road, Route No. 665, and Stuart Mill Road, Route No. 671; thence proceeding in a northwesterly direction on Fox Mill Road, Route No. 665, to a point where Fox Mill Road crosses the Columbia Gas Transmission Corporation pipeline easement; thence following said pipeline easement in a northeasterly direction to the Dulles Airport Access Road; thence westerly on the Dulles Airport Access Road to the easterly limits of the Town of Herndon; thence northeasterly along the boundary of the Town of Herndon to Elden Street, Route No. 606, said point also being at the intersection of Stuart Road, Route No. 680; thence northeasterly on Stuart Road, Route No. 680, to Sugarland Road, Route No. 604; thence northeasterly on Sugarland Road, Route No. 604, to Leesburg Pike, Route No. 7; thence southeasterly on Leesburg Pike, Route No. 7, to Baron Cameron Avenue, Route No. 606; thence southwesterly on Baron Cameron Avenue, Route No. 606, to Hunter Mill Road, Route No. 674; thence following Hunter Mill Road, Route No. 674, thence southerly to the northeastern corner of that parcel identified by Fairfax County Tax Map Reference No. 18-3, 001, parcel 1; thence following southwesterly along the northern boundary of parcel 1 to the northern boundary of the Equestrian Park subdivision; thence following the northern and western boundaries of the Equestrian Park subdivision to the intersection of Sunset Hills Road, Route No. 675; thence following Sunset Hills Road easterly to the intersection of Hunter Mill Road, Route No. 674; thence following Hunter Mill Road southerly to the intersection of Sunrise Valley Drive, Route No. 5320; thence proceeding southeasterly along the eastern boundary of Reston, Section 22, to the eastern corner of that parcel identified by Fairfax County Tax Map Reference No. 27-2, 005, parcel 57; thence following southwesterly along the eastern border of Reston, Section 22, and Reston, Section 24; thence following the southern boundary of Reston, Section 24 and Reston, Section 24A; thence proceeding southeasterly along the eastern boundary of that parcel identified by Fairfax County Tax Map Reference No. 27-1, 0012, parcel 3; thence following southeasterly along the eastern boundary of Reston, Section 10, to the intersection of Lawyers Road, Route No. 673, and Hunter Station Road, Route No. 677; thence proceeding westerly on Lawyers Road, Route No. 673, past the intersection of Birdfoot Lane, Route No. 671, to the northeast corner of the Lawyer's Glen subdivision; thence proceeding southwesterly along the southern and eastern boundaries of the Lawyer's Glen subdivision; thence following northwesterly along the western boundary of the Lawyer's Glen subdivision to a point of intersection with the southeast corner of the Lawyer's Ridge subdivision; thence proceeding southwesterly along the southern boundary of the Lawyer's Ridge subdivision to a point of intersection with the eastern boundary of Reston, Section 18; thence following southeasterly to a point of intersection with the eastern corner of the Stoneledge subdivision; thence proceeding in a southerly direction along the eastern boundary of the Stoneledge subdivision; thence following in a westerly direction along the northern boundary of five parcels identified by Fairfax County Tax Map Reference Nos. 36-2, 001, parcel 2A, 13A, 13, 12A and 11, to a point of intersection with the southernmost corner of Reston, Section 18; thence proceeding in a westerly direction along the southern boundary of Reston; Section 18, to a point of intersection with the eastern boundary of Reston, Section 16; thence following southwesterly from said intersection along the eastern boundary of Reston, Section 16, to the northeastern boundary of that parcel identified by Fairfax County Tax Map Reference No. 36-2, 009, parcel 2; thence proceeding northerly along the northeastern boundary of that parcel identified by Fairfax County Tax Map Reference No. 36-2, 009, parcel 2, to the border of that parcel identified by Fairfax County Tax Map Reference No. 36-2, 009, parcel 1; thence following southwesterly on the southeastern boundary of those two parcels identified by Fairfax County Tax Map Reference Nos. 36-2, 009, parcel 1 and 3, to the intersection of the southeastern boundary of Fox Mill District Park; thence following the eastern and northern boundaries of Fox Mill District Park northwesterly to Fox Mill Road, Route No. 665; thence northwesterly on Fox Mill Road, Route No. 665, to the intersection of Fox Mill Road, Route No. 665, and Reston Avenue, Route No. 602; thence following Reston Avenue, Route No. 602, northeasterly to the intersection of Fox Mill Road, Route No. 665; thence northwesterly on Fox Mill Road, Route No. 665, to the point where Fox Mill Road, Route No. 665, crosses the Columbia Gas Transmission Corporation pipeline easement, being the point of beginning.

Whenever the Reston Franchise Area is described by reference to the Columbia Gas Transmission Corporation pipeline easement or to roads, the franchise area shall be delineated by the line following the middle of the aforementioned pipeline easement or roads. However, if construction of a franchise for the Reston Franchise Area reasonably requires a Grantee to use poles or easements along any roadway which serves as a border for that franchise area, and if such poles or easements are located beyond the centerline of any such roadway, and if the Grantee obtains proper permission for the use of such poles or easements and pays any applicable usage or attachment fees, then the Grantee may use such poles or easements to construct and operate its system in the Reston Franchise Area so long as the Grantee does not provide cable service to an area for which it does not hold a franchise. The map which shows the above-described boundaries and which is dated May 18, 1988, is incorporated herein and is designated as the official map of the Reston Franchise Area. That map shall be kept by the Clerk to the Board among the official records of the Board of Supervisors, and to the extent that the boundaries of the map and the boundaries described by the text of this subsection are in conflict either by realignment of a road or otherwise, and where it cannot be determined clearly where the boundary may lie, then the boundaries shown on the official map shall take precedence over the text of this subsection.

(b)

North County Franchise Area: The area of the County north of a line beginning at the intersection of Little River Turnpike, Route No. 236, and westerly city limits of the City of Alexandria; thence westerly along Little River Turnpike, Route No. 236, to the eastern boundary of the City of Fairfax; thence along the eastern and northern boundary of the City of Fairfax to Jermantown Road, Route No. 665; thence northeasterly on Jermantown Road to Oakton Road, Route No. 644; thence westerly on Oakton Road, Route No. 644, to Waples Mill Road, Route No. 664; thence westerly on Waples Mill Road to West Ox Road, Route No. 608; thence northwesterly on West Ox Road, Route No. 608, to Centreville Road, Route No. 657; thence northerly on Centreville Road to Frying Pan Road, Route No. 608; thence northwesterly on Frying Pan Road to the end of said road; thence due west to point in the center of Sully Road, Route No. 28; thence north on Sully Road to the County line, for the point of ending; excluding the Reston Franchise Area as defined herein, the Town of Herndon, and the Town of Vienna.

Whenever the North County Franchise Area is described by reference to the Columbia Gas Transmission Corporation pipeline easement or to roads, the franchise area shall be delineated by the line following the middle of the aforementioned pipeline easement or roads. However, if construction of the North County Franchise Area reasonably requires a Grantee to use poles or easements along any roadway which serves as a border for that franchise area, and if such poles or easements are located beyond the centerline of any such roadway, and if the Grantee obtains proper permission for the use of such poles or easements, then the Grantee may use such poles or easements to construct and operate its system in the North County Franchise Area so long as a Grantee does not provide cable service to an area for which it does not hold a franchise.

(c)

South County Franchise Area: That area of the County lying south of the southern border of the North County Franchise Area. (35-19-9.2.)

[Formerly Sec. 9.1-7-1]