§ 111.26  MULTIPLE FRANCHISES.
   (A)   The grantor may grant one or more franchises for a service area. The grantor may, in its sole discretion, limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable laws and specific local considerations, such as:
      (1)   The capacity of the public rights-of-way to accommodate multiple coaxial cables in addition to the cables, conduits and pipes of the utility systems, such as electrical power, telephone, gas and sewage;
      (2)   The impact on the city of having multiple franchises;
      (3)   The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents’ property, and the disruption arising from numerous excavations of the rights-of-way; and
      (4)   The financial capabilities of the applicant and its guaranteed commitment to make necessary investment to erect, maintain and operate the proposed system for the duration of the franchise term.
   (B)   Each grantee awarded a franchise to serve the entire city shall offer service to all residences in the city, in accordance with construction and service schedules mutually agreed upon between the grantor and the grantee, and consistent with applicable laws.
   (C)   The city may, in its sole discretion, require developers of new residential housing with underground utilities to provide conduit to accommodate cables for a minimum of two cable systems in accordance with the provisions hereof.
   (D)   The grantor may require that any new grantee be responsible for its own underground trenching and the costs associated therewith, if, in the grantor’s opinion, the rights-of-way in any particular area cannot feasibly and reasonably accommodate additional cables.
   (E)   Any additional franchise granted by the city to provide cable service in a part of the city in which a franchise has already been granted and where an existing grantee is providing service shall require the new grantee to provide service throughout its service area within a reasonable time and in a sequence which does not discriminate against lower income residents.
(Ord. 78, passed 10-13-1997)