(A) Before the Council/franchising authority awards an applicant a franchise to construct, operate, or maintain a multi-channel system in all or part of the city, or approves a proposal for a renewal of a franchise, the applicant or renewal applicant and the city shall negotiate a franchise agreement which details the rights, duties, responsibilities, and liabilities of both parties.
(B) A newly franchised MCS provider may not lay any cable (coaxial, fiber, or functional equivalent) until the franchise agreement is executed by both the newly franchised MCS provider and the Council/franchising authority.
(C) A franchise agreement shall be in sufficient detail in order to clearly delineate the rights and duties of the franchised MCS provider and the Council/franchising authority.
(D) At a minimum, a franchise agreement shall contain provisions for the following:
(1) A detailed definition of annual gross revenues or gross revenues which specifically includes an explanation of what constitutes the revenue base for determining what revenues are subject to any franchise fee or alternative user charge;
(2) The term or duration of the franchise;
(3) Indemnity and holds harmless clauses;
(4) Insurance;
(5) Performance and completion bonds or security deposits;
(6) Construction, upgrade or rebuild schedule;
(7) Franchise fees;
(8) Continuity of multi-channel programming service;
(9) Repeal of prior inconsistent franchise agreements;
(10) A severability clause;
(11) Any exemptions or relief from this chapter granted, or any chapter clarifications noted with respect to the MCS provider's operation of a franchised multi-channel system; and
(12) Geographical limits of the franchise.
(E) Regardless of the need for a franchise for any particular technology or provider, the city/franchising authority, to the extent allowed by state or federal law, retains the right to impose certain minimum requirements as may be deemed in the public interest. Such minimum requirements shall specifically include matters related to customer service standards and consumer protection requirements as set forth in this chapter.
(Ord. 4-1994-20, passed 4-12-94) Penalty, see § 112.999