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Memorandum Of Law For The Orange County <br />Board Of County Commissioners <br />This memorandum of law is submitted on behalf of <br />Prime Cable Income Partners L.P., doing business as <br />Carolina Cable, and concerns the proposed changes in cable <br />television policy currently under consideration by the <br />Orange County Board of County Commissioners. <br />As a preliminary matter, before discussion of any <br />proposed changes in the ordinances or franchises for cable <br />television in Orange County, it is important to understand <br />the nature of the relationship between the County and the <br />franchised cable company. Counties in North Carolina have <br />limited powers. Their authority to legislate or take <br />other actions is provided by express grants of authority <br />from the State, and the scope of county authority is <br />limited by the terms of the grant of power from the State. <br />High Point Surplus Co. v. Pleasants, 264 N.C. 650, 654 <br />(1965) . <br />I. <br />County Authority Over Cable Television <br />Is Provided Only Through The Contractual <br />Obligations Of A Franchise And Not <br />Through A General Grant Of Legislative Power <br />Apart from the general police powers, which apply <br />equally to all businesses or citizens, counties in North <br />Carolina have not been given general regulatory authority <br />