(A) This chapter has been adopted under the home rule authority granted all state municipalities pursuant to I.C. 36-1-3-1 et seq. This chapter also exercises specific powers granted local governmental entities by federal law. The primary applicable federal law is the Communications Act of 1934 and all amendments adopted thereto. At the time of the initial adoption of the chapter, most of the applicable federal law provisions come from two amendments to the Communications Act of 1934, which are the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, and also from the Telecommunications Act of 1996. These federal acts are codified at 47 U.S.C. §§ 521 et seq.
(B) The provision of 47 U.S.C. § 541(a) grants municipalities the authority to grant one or more cable communications system franchises within its jurisdiction. Under 47 U.S.C. § 541(a), a franchise authorizes the grantee to construct a cable system over public rights-of-way and through easements within the franchise area which have been dedicated for compatible uses. A cable operator may not provide cable services without a franchise pursuant to 47 U.S.C. § 541(b)(1).
(2011 Code, § 111.003) (Ord. 2000-4, passed 7-17-2000)