(A) No person or cable operator, other than the town, shall be permitted to construct, operate or maintain a cable system which requires the laying or positioning of cable (coaxial, fiber or functional equivalent) across the rights-of-way of the town without first having entered into a franchise agreement with the town.
(1) The Board of Trustees may award one or more nonexclusive cable service franchises within its geographical limits; provided, however, that, the Board of Trustees shall not authorize or permit a cable television system to operate within the town on terms or conditions more favorable or less burdensome to such operator than any other operator.
(2) A franchised operator shall be selected as part of a public proceeding and hearing which affords due process to both the town and the applicant. If the applicant is selected as a franchised operator, then the applicant will enter into a franchise agreement with the town, pursuant to the provisions of federal, state and local laws and regulations.
(Prior Code, § 13.20.350)
(B) If the Board of Trustees awards an applicant a franchise to construct, operate or maintain a cable system in all or part of the town, or approves a proposal for renewal of a franchise, then a franchise agreement shall be entered into. A newly franchised operator may not lay any cable until the franchise agreement is executed by the newly franchised operator and the town. At a minimum, a franchise agreement shall contain provisions for the following:
(1) The term or duration of the franchise; and
(2) An agreement to comply with the cable ordinance.
(Prior Code, § 13.20.360)
(Ord. 96-13.20, passed - -1996)