A. The City may grant non-exclusive cable communications system franchises pursuant to this Chapter.
B. Before taking final action on an application, the City Council shall conduct public hearings before itself, or before other boards and commissions of the City, in accordance with applicable state, federal or local law. In determining whether to grant a franchise, City may consider:
1. The extent to which an applicant for renewal has substantially complied with the applicable law and the material terms of any existing cable franchise ordinance;
2. Whether an applicant for renewal's quality of service under its existing franchise; including signal quality; response to customer complaints, billing practices, and the like has been reasonable in light of the needs of the community;
3. Where the applicant has not previously held a cable system franchise in City, whether the applicant's record in other communities indicates that it can be relied upon to provide high quality service throughout any franchise term;
4. Whether the applicant has the financial, legal, and technical ability to provide the services, facilities, and equipment set forth in an application, and to satisfy any minimum requirements established by the City;
5. Whether the applicant's application is reasonable to meet the future cable-related needs and interests of the City, taking into account the cost of meeting such needs and interests;
6. Whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on public rights-of-way, public property, and private property that will be used by the applicant's cable system;
7. Whether the applicant has proposed to provide adequate facilities, equipment, channels and other support for PEG use of the cable system;
8. Such other matters as the City is authorized or required to consider.
C. If the City determines that issuance of a franchise would be in the public interest considering the factors described in this Section, and the applicant is willing to enter into an appropriate franchise agreement, the City may award a franchise to the applicant.
D. The grant of a franchise shall not be effective unless the franchise is unconditionally accepted by a grantee, and grantee enters into a franchise agreement setting forth the terms and conditions under which the franchise may be exercised, and the franchise has been approved by City Council.
E. A franchise granted pursuant to this Chapter shall authorize and permit a grantee to construct, operate and repair a cable system, pursuant to the terms of its franchise agreement and this Chapter to provide cable service in the City, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain facilities appurtenant to such system in, on, over, under, upon, across, and along those rights-of-way in the grantee's franchise area.
F. A franchise shall not convey rights other than as expressly specified in this Chapter or in the franchise; no rights shall pass by implication.
G. A franchise shall not include or be a substitute for:
1. Complying with requirements of general applicability for the privilege of transacting and carrying on a business within the City;
2. Complying with requirements for the privilege of using or occupying the rights-of-way to construct, operate or repair facilities in connection with the provision of non-cable services;
3. Any permits or other authorizations required under the City code in connection with activities on or in rights-of-way or other property, including by way of example and not limitation, street cut permits;
4. Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by the franchise.
H. Neither the franchise nor the franchise agreement relieves a grantee of its duty to comply with all City ordinances, resolutions, written policies, and regulations, and every grantee must comply with the same. The grantee's exercise of the rights under the same is subject to the exercise of police and other powers the City now has or may later obtain, including but not limited to the power of eminent domain.
I. A franchise does not convey title, equitable or legal, in the public rights-of-way or public property. Any right granted to grantee shall not be subdivided or subleased to any other person, including but not limited to, an affiliate.
J. Every franchise shall be nonexclusive, and nothing in this Section or any franchise agreement shall be read to provide a cable operator or applicant the right to object to the grant of a franchise, or other authorization to provide cable services on the same or different terms.
K. Unless a franchise agreement or this Chapter specifically provides otherwise, any act that a cable communications system operator is required to perform shall be performed at the operator's expense, and with no charge to the City.
(Ord. No. 2001-014 § 2)