(a) Cable Television Franchise. Any Person who desires to Construct, Reconstruct, install, operate, maintain or locate Facilities in any Public Right-of-Way of the City for the purpose of providing Cable Service to Persons in the City shall first obtain a non-exclusive franchise to provide Cable Services from the City.
(b) Compliance with Chapter Required. All Cable operators providing Cable Service within the City pursuant to a valid franchise shall comply with the registration and Construction Permit requirements of this Chapter.
(c) Cable Television Franchise Expiration.
(1) In the event a franchise expires by its terms, the franchise shall be automatically renewed on a month-to-month basis until the parties enter into a renewal franchise or until terminated by either party in accordance with law.
(2) At the expiration of the franchise or upon revocation of the franchise, the City may, in lawful manner and upon the payment of fair market value, determined on the basis of the Cable System as valued as a going concern exclusive of any value attributable to the franchise itself, lawfully obtain, purchase, condemn, acquire, takeover and hold the Cable System.
(d) Cable System Capacity. No Cable operator shall provide Service other than Cable Service without obtaining consent from the City, pursuant to Section 908.02
of this Chapter, which consent shall not be unreasonably withheld.
(e) Credit for Payment of Franchise Fee. Any Cable operator paying a franchise fee or providing free service or other non-monetary compensation to the City pursuant to a franchise agreement shall be entitled to a credit, offset or deduction against any reimbursement of City costs assessed under this Chapter for all such franchise fees and the retail value of the free service or other non-monetary compensation.
(Ord. 43-2006. Passed 8-14-06.)