(A) The chapter has been adopted under the Home Rule authority (I.C. 36-1-3-1 et seq.) granted all Indiana municipalities. The chapter also exercises specific powers granted local governmental entities by federal law. The primary applicable federal law is the Communications Act of 1934 and all amendments adopted thereto. At the time of the initial adoption of this chapter, most of the applicable federal law provisions come from two amendments to the Communications Act of 1934, the Cable Communications Policy Act of 1984 ( Pub. L. No. 98-549) and the Cable Television Consumer Protection and Competition Act of 1992 ( Pub. L. No. 102-385). These federal acts are codified at 47 U.S.C. §§ 201 et seq. and. 521 et seq.
(B) 47 U.S.C. 541(a) provides municipalities the authority to grant one or more cable communications system franchises within its jurisdiction. Under 47 U.S.C. 541(a) a franchise authorizes the grantee to construct a cable system over public rights-of-way and through easements within the franchise area which have been dedicated for compatible uses. 47 U.S.C. § 541(b) provides that a cable operator may not provide cable services without a franchise.
(1980 Code, § 118.003) (Ord. 1996-4, passed 4-9-1996)