A communications franchise shall not permit a franchisee to provide cable services as a cable operator (as defined by 47 U.S.C. 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 U.S.C. 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 U.S.C. 573(c)(2)(B) and where such person otherwise complies with FCC regulations promulgated pursuant to 47 U.S.C. 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. 4-2005, passed 5-19-05) Penalty, see § 10.99