(A) Franchise required. It shall be unlawful for any person to construct, operate or maintain a cable system or MVPD facility or to provide cable service, video programming or other MVPD services, including OVS, in the city without a franchise authorizing the same, unless applicable federal or state law prohibits the city’s enforcement of such a requirement.
(B) Grant of franchise. Any franchise that is granted in the city shall be subject to the terms and conditions contained herein.
(C) Grant of nonexclusive authority.
(1) A grantee shall have the right and privilege to construct, erect, operate, and maintain, in, upon, along, across, above, over and under the streets, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto in franchise area, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in franchise area of a cable system.
(2) A franchise shall be nonexclusive, and the city reserves the right to grant a similar use of said streets to any MVPD at any time; provided, however, that all franchises shall contain the same terms and conditions as this franchise in order that one MVPD is not granted a competitive advantage over another. In the event a MVPD commences operation without a franchise or is granted a franchise to operate by the city, and the terms and conditions of which do not comply with this chapter, then any other grantees shall have the right either to opt in to the competitor’s franchise by providing ten days prior written notice to the city; or to petition the city for modifications to its franchise, in which case the city shall work in good faith with the affected grantee(s) to review and adopt modifications which the grantee(s) deem necessary, review and approval by the city shall not be unreasonably withheld, delayed or conditioned.
(3) Before granting an additional franchise, the city shall give written notice to all grantees of any new application, identifying the applicant for such additional franchise and providing at least 30 days prior notice of the date, time, and place at which the city shall consider and/or determine whether such additional franchise should be granted.
(4) Every franchise shall apply to the entire service area of the city, as it exists now or may later be configured.
(5) In the event the city grants one or more additional franchises or one or more non-franchised MVPD’s commence providing cable service in the city, a grantee shall have the right to terminate or reduce the term of this franchise in its sole discretion.
(6) Neither the city nor grantee(s) may unilaterally alter the material rights and obligations set forth in this franchise. In the event of a conflict between any other ordinance and this franchise, the franchise shall control.
(D) Franchise term. A franchise shall be in effect for a period of up to 20 years from the effective date of the agreement, unless renewed, revoked, or terminated sooner as herein provided.
(E) Territorial area involved. A franchise shall be granted for the corporate boundaries of the city, as it exists from time to time. In the event of annexation by the city, or as development occurs, any new territory shall become part of the area covered; provided, however, that grantee(s) shall not be required to extend service beyond its present system boundaries unless there is a minimum of 25 homes per cable mile as measured from the last fiber node or terminating amplifier.
(F) Written notice. All notices, reports, or demands required to be given in writing under this chapter shall be deemed to be given when delivered personally to any officer of grantee or the city’s Administrator of this chapter as specified in a franchise.
(Ord. 660, passed - -2020)