§ 10-3. Franchise required.  


Latest version.
  • (a)

    No person shall install, construct, maintain, operate or transact local business on a cable system in the city nor shall any person provide cable service or acquire ownership or control of a cable company in the city without such person having first obtained a franchise from the city in the form of an ordinance granting a franchise to the person, which shall include, at a minimum, compliance with the specifications of this article.

    (b)

    No person shall use, occupy or traverse the rights-of-way or any extensions thereof or additions thereto, whether on, above, or under the surface of the ground, for the purposes of installing, constructing, maintaining or operating a cable system or facilities therefor or for the purpose of furnishing a cable service without such person having first obtained a franchise from the city in the form of an ordinance granting a franchise, which shall include, at a minimum, compliance with all the specifications of this article.

    (c)

    The provisions of this article are minimum requirements of a franchise. A grantee must enter into a franchise agreement with the city, which may establish other specifications or requirements, including, but not limited to, billing, customer service standards, security fund, interconnections, studios or other signal origination facilities, channels to be equipped, construction timetable, and support for local programming as deemed adequate to meet community interests and desires.

    (d)

    This article shall apply to any existing cable system operating pursuant to a franchise awarded by the city which the grantee uses to transact local business as a cable system, except as otherwise provided.

    (e)

    Any franchise granted shall be nonexclusive, and the city specifically reserves the right to grant, at any time, such additional franchises for a cable system or any component thereof, as it deems appropriate, subject to applicable state and federal law. The grant of authority for use of the city public rights-of-way does not establish priority for use over other franchise holders, permit holders and the city's own use of the property.

(Ord. No. 80-512, § 1, 6-24-97)