§ 21-20. Franchise required.

(1)

Franchise must be obtained. A franchise must be obtained before a cable system or open video system is constructed, before any person provides cable service via a cable system or open video system. No franchise shall become effective without the franchisee entering into a franchise agreement with the city. The fact that a cable system or open video system may be used for multiple purposes does not obviate the need to obtain a franchise, license, or other authorization for those other purposes. By way of illustration and not limitation, a cable operator of a cable system must obtain a cable franchise, and, should it intend to provide telecommunications services over the same facilities, it must comply with requirements applicable to providers of telecommunications services or to operators of telecommunication facilities.

(2)

Purpose and characteristics. The purpose of requiring authorizations by service is to ensure as far as possible and appropriate that persons providing similar services are treated similarly, considering differences in circumstances, and to comply with requirements of federal law which may require the city to separate its authority over cable systems or open video systems from its authority over other providers of telecommunications services. The revocation of a franchise for one (1) particular service in and of itself will not affect the authority of a franchise holder to continue to provide services for which it holds other franchises. No franchise shall be exclusive and competition shall be encouraged. The issuance of a franchise shall not affect the city's right to itself construct, operate, or repair any cable system or open video system, with or without a franchise.

(3)

Exceptions. A franchise requirement may be waived for a cable system or an open video system that is not designed to provide service in the city, and that does not provide service in the city. For such facilities, the city may issue a license. In any case, the license must provide that if limitations of license are violated, the licensee must pay the maximum franchise fee required by Divisions 2 and 3 and otherwise bring itself into compliance with this chapter.

(4)

Nature of grant. Neither a franchise nor a license shall convey title, equitable or legal, in the rights-of-way. The right is only the personal right to occupy rights-of-way, for the purposes and for the period stated in the franchise or license; the right may not be subdivided or subleased.

(Ord. No. 2000-134, § 1, 1-2-01)