160A-319. Utility franchises.
(a) 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.
(b) 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. (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).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 160A - Cities and Towns
Article 16 - Public Enterprises.
§ 160A-311 - Public enterprise defined.
§ 160A-312 - Authority to operate public enterprises.
§ 160A-313 - Financing public enterprise.
§ 160A-314 - Authority to fix and enforce rates.
§ 160A-315 - Billing and collecting agents for certain sewer systems.
§ 160A-316 - Independent water companies to supply information.
§ 160A-318 - Mutual aid contracts.
§ 160A-319 - Utility franchises.
§ 160A-320 - Public enterprise improvements.
§ 160A-321 - Sale, lease, or discontinuance of city-owned enterprise.
§ 160A-322 - Contracts for electric power and water.
§ 160A-323 - Load management and peak load pricing of electric power.
§ 160A-324 - Contract with private solid waste collection firm(s).
§ 160A-325 - Selection or approval of sites for certain sanitary landfills; solid waste defined.
§ 160A-326 - Limitations on rail transportation liability.
§ 160A-327 - Displacement of private solid waste collection services.
§ 160A-328 - Local government landfill liaison.
§ 160A-329 - Provision of municipal services to certain properties.
§ 160A-331.2 - Agreements of electric suppliers.
§ 160A-332 - Electric service within city limits.
§ 160A-333 - Temporary electric service.
§ 160A-334 - Authority and jurisdiction of Utilities Commission.
§ 160A-335 - Discontinuance of service and transfer of facilities by secondary supplier.
§ 160A-336 - Electric service for city facilities.
§ 160A-337 - Effect of Part on rights and duties of primary supplier.