A. Except as provided in subsections (B), (C), and (D) of this Section, no person, or MCS provider shall be permitted to construct, operate or maintain a multi-channel system which requires the laying or positioning of cable (coaxial, fiber or functional equivalent) across the rights-of-way of the City, without having first obtained a franchise, and then entering into a franchise agreement with the City.
B. Pursuant to the CCPA, a local government may own and operate a multi-channel system classified as a cable system. Consequently, should the Council/franchising authority directly, or indirectly, through any legal means available to the Council/franchising authority, decide to purchase, acquire, construct, lease, control, or otherwise own a cable system within the territorial limits of the City, then the Council/franchising authority shall not be required to submit a proposal for, or receive, a franchise in order to construct, operate, and maintain a cable system within the geographical limits of the City.
C. In the case of a person or MCS provider lawfully providing multi-channel service on July 1, 1984, then such person or MCS provider shall not be required to obtain a franchise, and enter into a franchise agreement unless the Council/franchising authority expressly requires the person or MCS provider to do so.
D. If, as a result of annexation (either previous to, or subsequent to, the effect date of this ordinance), an MCS provider comes under the jurisdiction of the City, then such MCS provider shall be subject to the provisions of this ordinance, including (if applicable) obtaining a franchise. Any such franchise shall extend only to the territory comprising the annexed area. The provisions of Section 9-10 and 9-15 of this ordinance do not apply to this subsection.
E. Where a person or MCS provider is required by the Council/franchising authority to obtain a franchise, then the Council/franchising authority shall notify the person or MCS provider, in writing, within thirty (30) days of the Council/franchising authority's formal action.
F. After receipt of notification, the affected person or MCS provider has ninety (90) days to submit an application or proposal in substantially the same form and format as required by the Council/franchising authority. Then, the affected person or MCS provider's application will be handled as set forth by either State or local law.