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6.12.440 Exemption for less than 250 subscribers.
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A. In the event that any cable T.V. service (“service”) meets the following criteria, it may upon application, receive exemption from any or all of the provisions of this chapter at the discretion of the Board of Supervisors upon a finding that the needs of the public are being or will be adequately served and public interests are being or will be adequately protected.

B. Eligibility to Apply for Exemption.

1. Fewer than 250 subscribers; and

2. No less than one-third of the subscribers are also owners of the service; and

3. The service is operated on a nonprofit basis and no portion of the revenues derived from operation of the service inures to the benefit of any owner, officer or director of the service other than as shared by all subscribers equally; and

4. The assets of the service are irrevocably dedicated to nonprofit purposes and no portion of the assets on liquidation or sale will inure to the benefit of any owner, officer, or director of the service on any basis differently from that of all subscribers; and

5. Rates charged to nonowners of the service do not exceed rates charged to owners by more than 25 percent; and

6. The service complies with all applicable planning, building and zoning ordinances, and all FCC rules and regulations. (Ord. 788, eff. 6/24/92. Formerly 6.12.450)

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