(a) This chapter shall not affect the requirement of a cable television operator to obtain a cable franchise from the City.
(b) A telecommunications provider possessing a franchise from the City to provide cable television services within the City shall be subject to the annual maintenance fee required by the Metro Act for occupation of the public right-of-way by the provider's facilities within the City. An affiliate of such provider shall not pay any additional fee to occupy or use the same facility in the public right-of-way as initially constructed for and used by a cable television operator.
(c) The fee required under this section is in lieu of any other maintenance fee or other fee except for fees paid by the provider under a cable television franchise with the City.
(d) A cable television franchise agreement with the City that allows the City to seek right-of-way related information comparable to that required by the permit required by this chapter and provides insurance for right-of-way related activities shall satisfy any requirement for the holder of the cable television franchise agreement or its affiliates to obtain a permit to provide information services or telecommunication services in the City.
(e) The City shall not hold a cable television operator in default or seek any remedy for failure to satisfy an obligation to pay a franchise fee on that portion of gross revenues form charges the cable television operator received for cable modem services provided through broadband internet transportation access services after October 31, 2002.
(Ord. 15-02. Passed 10-15-02.)