(A) Non-exclusive franchise. The city is empowered and authorized to issue non-exclusive franchises governing the installation, construction, operation, use and maintenance of systems in the city’s rights-of-way, in accordance with the provisions of this subchapter. The franchise is granted through a franchise agreement entered into between the city and provider.
(B) Every provider must obtain. Except to the extent exempted by federal or state law, every provider must obtain a franchise prior to constructing a telecommunications system or providing telecommunications services, and every provider must obtain a franchise before constructing an open video system or providing open video services via an open video system and shall be subject to the customer service and consumer protection provisions applicable to the cable television companies. The fact that particular telecommunications systems may be used for multiple purposes does not obviate the need to obtain a franchise for 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 system, must also obtain a telecommunications franchise.
(C) Nature of grant. A franchise shall not convey title, equitable or legal, in the rights-of-way. A franchise is only the right to occupy rights-of-way on a non-exclusive basis for the limited purposes and for the limited period stated in the franchise; the right may not be subdivided, assigned or subleased. A franchise does not excuse a provider from obtaining appropriate access or pole attachment agreements before collocating its system on the property of others, including the city’s property. This section shall not be construed to prohibit a provider from leasing conduit to another provider, so long as the lessee has obtained a franchise.
(D) Current providers.
(1) Except to the extent exempted by federal or state law, any provider acting without a franchise on the effective date of this subchapter shall request issuance of a franchise from the city within 90 days of the effective date of this subchapter.
(2) If such request is made, the provider may continue providing service during the course of negotiations. If a timely request is not made, or if negotiations cease and a franchise is not granted, the provider shall comply with the provisions of § 152.009 of this chapter.
(E) Nature of franchise. The franchise granted by the city under the provisions of this subchapter shall be a non-exclusive franchise providing the right and consent to install, operate, repair, maintain, remove and replace its system on, over and under the rights-of-way in order to provide services, in compliance with all other applicable laws and ordinances.
(F) Regulatory approval needed. Before offering or providing any services pursuant to the franchise, a provider shall obtain any and all regulatory approvals, permits, authorizations or licenses for the offering or provision of such services from the appropriate federal, state and local authorities, if required, and shall submit to the city upon the written request of the city evidence of all such approvals, permits, authorizations or licenses.
(G) Term. No franchise issued pursuant to this subchapter shall have a term of less than five years or greater than 15 years. Each franchise shall be granted in a nondiscriminatory manner.
(Prior Code, § 33.01.050) (Ord. 98-37, passed 8-20-1998)