ARTICLE III. GRANT OF AUTHORITY (4-280-040 et seq.)

4-280-040 Franchise – Required.

   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)

4-280-050 Franchise – Initial applications.

   A.   After receiving applications for an initial cable system franchise, the council, after considering the legal, financial, technical and character qualifications of the applicants and the public interest, may grant one or more nonexclusive franchises creating a right to construct and operate a cable system within the public ways of the city; provided, however, no provision of this chapter shall be deemed or construed as to require the city to grant a franchise.

   B.   The application for an initial cable system franchise shall be submitted to the council or its designee on a written form included in the request for proposals furnished by the city and in accordance with procedures and schedules to be established by the city. The application form may request facts and information the city deems appropriate. Applications shall be accompanied by a nonrefundable application fee in an amount determined by the city, which amount shall be used by the city to offset direct expenses incurred in the franchising and evaluation procedures, including, but not limited to, staff time and consulting assistance.

   C.   An applicant (grantee) to whom the council grants an initial nonexclusive cable system franchise shall, in addition to the nonrefundable fee specified hereinabove, pay to the city at the time the grantee files the written instrument specified hereinafter, an amount to be determined by the cable administrator to be used to offset all direct, reasonable costs incurred by the city in granting the franchise not defrayed by fees forthcoming from the provisions of subsection B of this section.

(Prior code § 113.1-5; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

ARTICLE IV. FRANCHISE CONDITIONS (4-280-060 et seq.)

4-280-060 Term and nonexclusivity.

   A.   The term of an original franchise shall be up to 15 years from the date the franchise is accepted by a grantee. The term of a renewed franchise shall be no more than fifteen years. No franchise granted pursuant to this chapter shall give any exclusive right to a grantee and every such franchise shall be deemed to reserve the right to grant other franchises to use and occupy the public ways of the city for cable service or any other purpose on such terms as the city may then deem appropriate.

(Prior code § 113.1-6; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

4-280-070 Notice to grantee.

   A.   Except as otherwise provided in this chapter, the city shall not take any final action involving the revocation or termination of the grantee's franchise unless the city has:

      (1)   Advised the grantee in writing, at least 30 days prior to the meeting at which such action shall take place, as to its time, place and purpose; and

      (2)   Published a notice, at least once, ten days before the meeting on the City's website or in a newspaper of general circulation within the city.

(Prior code § 113.1-7; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)