(A) A franchise granted pursuant to this article authorizes a grantee to construct, upgrade, operate, maintain and repair a cable system or an OVS (as applicable) in the city and to provide such cable and other services as grantee is entitled to provide pursuant to governing law or is required to provide in order to comply with its franchise; and to erect, install, construct, repair, replace, reconstruct, maintain facilities appurtenant to such system in, on, over, under, upon, across, and along those public rights-of-way and easements dedicated to compatible uses that the city may authorize a grantee to use.
(B) A franchise shall not convey rights other than as expressly specified in this article, or in a franchise; no rights shall pass by implication.
(C) A franchise issued pursuant to this article shall not include, or be a substitute for:
(1) Complying with requirements for the privilege of transacting and carrying on a business within the city not inconsistent with grantee's status;
(2) Franchises or other authorizations lawfully required under the City Code for the provision of non-cable services, or the construction and installation of facilities solely to be used for the provision of non-cable services;
(3) Permits, agreements or authorizations generally required in connection with construction, operation or repair of the cable system and comparable facilities, including by way of example and not limitation, street cut permits or zoning variances; or
(4) Permits or agreements for occupying any public property of the city or private entities to which access is not specifically granted by the franchise.
(D) Except as provided therein, a franchise does not relieve a grantee of its duty to comply with all generally applicable city ordinances, resolutions, written policies, and regulations, and every grantee must comply with the same. The rights granted under a franchise are subject to the exercise of police powers the city now has or may later obtain, including but not limited to the power of eminent domain which the city now has; and are further subject to the exercise of the city's rights as a property owner under state and federal laws. Nothing in any franchise shall be read to waive any of the city's police powers. Every franchise granted shall be subject to the requirements of the City Charter.
(E) A franchise does not convey title, equitable or legal, in the public rights-of-way or public property. Any right granted to grantee by a franchise shall not be subdivided or subleased to any other person or affiliate.
(F) A transfer of a franchise made without the city's prior consent is without effect.
(Ord. 24-2002)