A communications franchise shall not permit a franchisee to provide cable services as a cable operator (as defined by 47 USC § 522(5)) within the city. Upon a franchisee’s request for a franchise to provide cable services as a cable operator (as defined by 47 USC § 522(5)) within the city, the city shall timely negotiate such cable franchise in good faith with the franchisee. A communications franchise shall also not permit a franchisee to operate an open video system. A person may operate an open video system only if that person obtains a separate franchise permitting same, and such person remits the maximum fees permitted by 47 USC § 573(c)(2)(B) and where such person otherwise complies with FCC regulations promulgated pursuant to 47 USC § 573. Absent such applicable separate franchise from the city, a franchisee shall be prohibited from offering OVS service and any such service shall be considered a breach of its franchise.
(Ord. G-D13, Series 2005, passed 4-26-05)