CHAPTER 4A
CABLE TELEVISION FRANCHISE

 

9-4A-1 Franchise Granted	9-4A-6 Revocation of Franchise
9-4A-2 Right to Install and Maintain	9-4A-7 Transfer of Franchise
9-4A-3 Franchise Not Exclusive	9-4A-8 Compliance with FCC Rules
9-4A-4 Conformity with Other Ordinances	9-4A-9 Defenses of Grantee
9-4A-5 Compliance with Regulations	9-4A-10 Other Franchise More Favorable

 

9-4A-1 FRANCHISE GRANTED.

   TCI of Central Iowa, a corporation organized under the laws of the State of Iowa, its successors and assigns (hereinafter collectively referred to as “Grantee”), are hereby granted and vested with the right, franchise, and authority for a period of 25 years, to acquire, construct, and operate a cable television or community antenna television system, and to sell and supply to individuals, firms, and corporations, public or private, at any and all places, within the corporate limits of the City as said limits now are or hereafter at any time may be established, audio and video communications services, subject to the conditions and restrictions as hereinafter provided. † 13

 

Notes

13	† EDITOR’S NOTE: Ordinance No. 292, adopting a cable television franchise for the City, was passed and adopted on August 26, 1982.

9-4A-2 RIGHT TO INSTALL AND MAINTAIN.

   The City grants to Grantee, subject to the provisions herein, the right to erect, install, construct, reconstruct, replace, repair, maintain, and operate in or upon, under, above, across, and from the streets, avenues, highways, sidewalks, bridges, and other public ways, easements, rights-of-way, and lands other than parks and recreational areas, as now existing and all extensions thereof and additions thereto, in the City, all equipment, facilities, appurtenances, and apparatus of any nature, for the purpose of receiving, amplifying, transmitting, and distributing electrical and electronic energy, pictures, sounds, signals, impulses, and communications, unidirectional, and multidirectional of any nature and description, audio and video, embracing any and all of the frequencies of the electromagnetic spectrum, by studios, cameras, projectors, recorders, antennas, transmitters, microwaves, wires, cables, coaxial cables, and wave guides; and to otherwise engage in the business, services, and activities, generally known as, and practiced now and in the future by, cable television systems providing audio and video communications services, in accordance with the laws of the United States of America, the State, and the City. Provided, Grantee may not erect, install, or construct any such equipment, facilities, appurtenances or apparatus upon any public ways or lands until Grantee has submitted detailed plans and specifications to the City therefor and such plans and specifications have been approved by the Council.

9-4A-3 FRANCHISE NOT EXCLUSIVE.

   The franchise shall not be exclusive and shall not restrict in any manner the Council, or any other governing body of the City, in the exercise of any regulatory power which it now has or which may hereafter be authorized or permitted by the laws of the State.