North Carolina § 160A-319 - Utility franchises.

§ 160A-319. Utility franchises.

A city shall have authority to grant upon reasonable terms franchises for a telephone system and any of the enterprises listed in G.S. 160A-311, except a cable television system. A franchise granted by a city authorizes the operation of the franchised activity within the city. No franchise shall be granted for a period of more than 60 years. A franchise granted for a sanitary landfill shall be subject to all requirements pertaining thereto under G.S. 130A-294. A franchise for solid waste collection or disposal systems and facilities, other than sanitary landfills, shall not be granted for a period of more than 30 years. Except as otherwise provided by law, when a city operates an enterprise, or upon granting a franchise, a city may by ordinance make it unlawful to operate an enterprise without a franchise. For the purposes of this section, "cable television system" means any system or facility that, by means of a master antenna and wires or cables, or by wires or cables alone, receives, amplifies, modifies, transmits, or distributes any television, radio, or electronic signal, audio or video or both, to subscribing members of the public for compensation. "Cable television system" does not include providing master antenna services only to property owned or leased by the same person, firm, or corporation, nor communication services rendered to a cable television system by a public utility that is regulated by the North Carolina Utilities Commission or the Federal Communications Commission in providing those services. History (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; 2017-10, s. 3.2(c); 2018-114, s. 21(b).) Editor's Note. - Session Laws 1991 (Reg. Sess., 1992), c. 1013, which amended this section, in s. 8 provides: "Any contract for solid waste collection or disposal entered into by any county, city, or town that would have been lawful if this act had been in effect at the time the contract was entered into is validated. The provisions of this act that limit a contract or franchise for the collection and disposal of solid waste to a period of not more than 30 years shall not be construed to invalidate any contract or franchise for a longer period up to 60 years that was entered into by any county, city, or town prior to the date this act is effective." The act became effective July 22, 1992. Effect of Amendments. - Session Laws 2006-151, s. 15, effective January 1, 2007, in subsection (a), in the first sentence, substituted "a telephone system and" for "the operation within the city of" and substituted "G.S. 160A-311, except a cable television system" for "G.S. 160A-311 and for the operation of telephone systems" at the end, added the second sentence, and deleted "years and cable television franchises shall not be granted for a period of more than 20" following "period of more than 30" at the end of the third sentence. Session Laws 2017-10, s. 3.2(c), effective retroactively to July 1, 2015, in the second sentence of subsection (a), substituted "including a franchise granted to a sanitary landfill for the life-of-site of the landfill pursuant to G.S. 130A-294(b1); provided, however" for "except" and inserted "other than sanitary landfills" following "disposal systems and facilities." Session Laws 2018-114, s. 21(b), effective June 27, 2018, in subsection (a), rewrote the third sentence and added the fourth sentence. Legal Periodicals. - For note, "North Carolina's Theft of Cable Television Service Statute: Prospects of a Brighter Future for the Cable Television Industry," see 63 N.C.L. Rev. 1296 (1985).