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interest in controlling use of the public's rights -of -way. <br />E.g., Preferred Communications Inc. V. City of Los Angeles, <br />106 S.Ct. 2889 (1986); Quincy Cable TV, Inc. v. FCC, 768 <br />F.2d 1434, 1443 (D.C. Cir. 1985) cert. denied sub. nom. <br />National Ass'n of Broadcasters v. Quincy Cable TV, Inc., <br />106 S.Ct. 2889 (1986). <br />II. <br />The Cable Television Franchise <br />Held By Carolina Cable Is A Contract <br />Which Can Only Be Modified By The <br />Agreement Of Both Parties <br />Cable television franchises issued by counties in <br />North Carolina take various forms, but regardless of the <br />title or form of the legal documents, the nature of the <br />legal relationship is the same. A franchise is a contract. <br />The grant of a franchise by a county and the acceptance of <br />the franchise by the cable company creates a contract <br />which imposes legally binding obligations on both parties <br />to the contract. See Victory Cab Co. v._ City of Charlotte, <br />234 N.C. 572 (1951); 36 Am.Jur. 2d, Franchises, S5 6, 27 <br />(1982); 37 C.J.S., Franchises, Sec. 8. Notwithstanding <br />the fact that one of the parties to the contract is a <br />governmental entity, the terms of a contract can be <br />altered, amended or modified only with the agreement of <br />both parties. <br />In the case of the cable television franchise for <br />Orange County, the contract is set forth in a series of <br />- 3 - <br />