(A) There is granted by the city to the Grantee named in a franchise agreement, the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over, and under the streets, alleys, public ways, and public places flow laid out or dedicated and all extensions thereof, and additions thereto in the city, poles, wires, cables, underground conduits, manholes, and other cable conductors and fixtures necessary for the maintenance and operation in the city of a cable communications system, to be used for the sale and distribution of cable services to the residents of and institutions in the city.
(B) The Grantee shall, at all times during the operation of its franchise, be subject to lawful exercise of the police power as may be hereafter provided by the city.
(C) The city may, in its discretion, by franchise agreement for a particular Grantee provide for special or relaxed procedures pursuant to § 121.07(A); modify the definition of gross revenues in § 121.01; modify the effective percentage rate in § 121.09 or modify pursuant to § 121.10(E) the matters set forth in § 121.10(C) and (D) (collectively "modification") upon a demonstration that there are exceptional and extraordinary circumstances which warrant modification, such as an increase in competition in cable services by increasing the number of Grantees providing the service in the city; the modification will not be detrimental to the public health, safety and welfare; and the modification will not impair the intent and purposes of this chapter and its several sections.
(‘83 Code, § 123.02) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96)