(A) Except as provided in divisions (B), (C), and (D) of this section, no person or MCS provider shall be permitted to construct, operate or maintain a multi-channel system which requires the laying or positioning of cable (coaxial, fiber or functional equivalent) across the rights-of-way of the city without having first obtained a franchise, and then entering into a franchise agreement with the city.
(B) Pursuant to federal Law, a local government may own and operate a multi-channel system classified as a cable system. Consequently, should the Council/franchising authority directly or indirectly, through any legal means available to the Council/franchising authority, decide to purchase, acquire, construct, lease, control, or otherwise own a cable system within the territorial limits of the city, then the Council/franchising authority shall not be required to submit a proposal for or receive a franchise in order to construct, operate, and maintain a cable system within the geographical limits of the city.
(C) If, as a result of annexation subsequent to the effective date of this chapter, a previously unfranchised MCS provider comes under the jurisdiction of the city, then such MCS provider shall be required to obtain a franchise and enter into a franchise agreement.
(D) If a MCS provider is required to obtain a franchise, then the Council/franchising authority shall notify the MCS provider, in writing, within 30 days of the Council/franchising authority's formal action.
(E) After receipt of notification, the affected person or MCS provider has 90 days to submit an application or proposal in substantially the same form and format as required by the Council/franchising authority. Then, the MCS provider's application will be handled as set forth by either federal, state or local law.
(F) It is the intent of the city/franchising authority that as a matter of policy all MCS provider franchises shall contain substantially similar minimum terms and conditions. However, this shall not apply to legitimate SMATV operators who may cross only one street or right-of-way.
(G) The city/franchising authority, to the extent permitted by law, shall always have the right to grant or deny a franchise as may be deemed in the public interest.
(Ord. 4-1994-20, passed 4-12-94)