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The franchise fee represents compensation for a cable system’s use of City streets and other public rights-of-way and shall be an amount allowed by law and negotiated between the City and the applicant for the franchise.
(Ord. 2428, passed 2-18-1974; Ord. 2435, passed 4-1-1974; Ord. 2516, passed 10-6-1975; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
Each franchise granted pursuant to this Chapter is nontransferable by the franchisee to any other person, either directly or indirectly through a transfer of control of the franchisee, except with the express approval of the City Council and subject to such transferee having submitted an application as provided in § 15-11, and subject further to the transferee agreeing to accept and abide by all terms, conditions and requirements of this Chapter and the applicable franchise agreement. In lieu of the information required by § 15-11, the franchisee and transferee may submit a completed FCC Form 394 as their franchise transfer application.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
Any franchise granted pursuant to this Chapter may be revoked by the City Council following a hearing before the City Council or hearing panel of the Council and upon the recommendation of the City Administrator or the Telecommunications Advisory Commission and in the following manner.
(a) Notice of the intention to revoke and a written statement of the charges on which it is based shall be sent to the franchisee’s main business address by certified or registered mail, advising the franchisee of the charges, the intent to revoke the franchise and the franchisee’s right to a hearing.
(b) The franchisee shall have 20 days from the date of mailing the notice of intent to revoke or to request a hearing before the City Council or a hearing panel of the Council with respect to the revocation. Failure on the part of the franchisee to request such a hearing shall result in the revocation of the franchise immediately following the expiration of the 20 days.
(c) Upon receipt of the franchisee’s request for a hearing, the City Council shall set a time and date for the hearing, such time and date being not later than 30 days from the date of receipt of the franchisee’s request for the hearing. Written notice of the time, date and place of the meeting shall be sent to the franchisee’s main business address by certified or registered mail at least ten days prior to the date of the meeting.
(d) At the hearing, the City Administrator or Chief Legal Officer shall present to the Council or hearing panel of the Council the evidence upon which the recommendation for termination of the franchise is based and the franchisee shall have the opportunity to present any evidence it may have as to why the franchise should not be revoked.
(e) Upon hearing all of the evidence, the City Council shall decide whether to revoke the franchise.
(f) The franchisee shall be permitted to continue its operations after the initial action by the City Council so long as it makes its request for a hearing within the time limits specified in subsection (b) of this section.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
ARTICLE III. INSTALLATIONS AND FACILITIES
The franchisee shall have the right:
(a) Subject to the provisions and restrictions of Article VII of this Chapter and Chapter 37 of this Code, to construct, erect, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public rights-of-way and public places now laid out or dedicated and all extensions thereof and additions thereto in the City, poles, wires, cables, underground conduits, manholes and other conductors and fixtures necessary for the maintenance and operation of a cable system.
(b) To lease, rent or in any other lawful manner obtain the use of towers, poles, lines, cables and other equipment and facilities from any and all holders of public licenses and franchises within the corporate limits of the City, including, but not limited to, Consumers Power Company and Ameritech and to use same on such terms as agreed upon, subject to all existing and future ordinances and regulations of the City. The poles used for the franchisee’s distribution system shall be those erected and maintained by Consumers Power Company or Ameritech when and where applicable, providing mutually satisfactory rental arrangements can be entered into with such companies.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002; Ord. 3512, passed 4-28-2003)
(a) All transmission and distribution structures, lines and equipment erected by the franchisee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public rights-of-way and public places and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any such streets, alleys or public rights-of-way and public places.
(b) In case of disturbance of any street, sidewalk, alley, public right-of-way or paved area, the franchisee shall, at its own cost and expense, and in a manner approved by the Director of Public Works, replace and restore such street, sidewalk, alley, public rights-of-way or paved area in as good a condition as it was in before the work involving such disturbance was done.
(c) If, at any time, during the period of a franchise granted pursuant to this Chapter, the City shall lawfully elect to alter or change the grade of any street, sidewalk, alley or other public right-of-way, the franchisee, upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
(d) Any poles or other fixtures placed in any public right-of-way by the franchisee shall be placed in such manner as not to interfere with the usual travel on such public place.
(e) The franchisee shall, on the request of any person, including the City, holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. Except where the requesting party is the City, the expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the franchisee shall have the authority to require payment in advance. The franchisee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.
(f) The franchisee shall, after giving notice to and obtaining the approval of the City’s Parks and Recreation Department, have the authority to trim trees upon and hanging over streets, alleys, sidewalks and public rights-of-way and places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee. At the option of the Parks and Recreation Department, such trimming may be done by it or under its supervision and direction at the expense of the franchisee.
(g) In all sections of the City where the cable, wires or other like facilities of public utilities are placed underground, the franchisee shall place its cables, wires or other like facilities underground. Franchisee may apply to the City for a waiver of this requirement, and the City may grant the waiver request, if franchisee demonstrates that existing technology does not reasonably permit the franchisee to place its facilities underground.
(Ord. 2428, passed 2-18-1974; Ord. 2899, passed 3-21-1984; Ord. 3486, passed 1-28-2002)
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