A. No person shall construct, install, maintain or operate a cable system within the city, or within any other public property of the city, unless a franchise has first been obtained pursuant to : 1) this chapter and unless such franchise is in full force and effect; or 2) 220 ILCS 5/21-301. Such franchise shall not take the place of any other license or permit which may be legally required of a grantee in order to conduct such a business, or construct or install buildings, structures, facilities or equipment within the city.
B. A franchise shall not convey title, equitable or legal, in the public ways. The right granted is only the right to occupy those portions of the public way to which the city has the right to grant access, for the purposes and for the period stated in the franchise, and, subject to the limitations in this section and elsewhere in this chapter, the right may not be subdivided or subleased. Every franchise shall be interpreted in a manner that conforms to the requirements of this chapter and shall be deemed to include all the provisions that are required to be in a franchise under this chapter and all other applicable city code provisions, as if fully set forth in the franchise.
C. Nothing in this chapter nor any franchise granted pursuant to this chapter shall authorize the provision of any service other than cable services and shall in no way relieve the grantee of any obligation to obtain any authorizations, licenses or franchises to use the public ways to provide other non-cable services, or to comply with any requirements with respect to the use of the public ways or the provision of such non-cable services. The provisions of this chapter are not a bar to the imposition of similar, different or additional conditions with respect to the use of the public ways in connection with the provision of services other than cable services. Nothing in this chapter shall prevent grantee from providing other non-cable services to the extent consistent with applicable law.
(Prior code § 113.1-4; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)