(A) Purpose and characteristics. In order to enable the city to treat persons providing similar services similarly, as may be appropriate to comply with applicable law and considering differences in circumstances; and to comply with requirements of federal law which may require the city to separate its authority over cable systems and open video systems from its authority over other providers of telecommunications services, the city requires individual authorizations for the provision of particular services. The revocation of a franchise for one particular service in and of itself will not affect the authority of a cable or open video system franchise holder to continue to occupy the rights-of-way to provide services for which it holds other authorizations. No authorization, whether in the form of a franchise or otherwise, shall be exclusive. The issuance of a franchise or license shall not affect the city’s right to itself construct, operate, or repair any communications facility, with or without a franchise or license.
(B) When a franchise is required. A cable operator must obtain a franchise prior to constructing a cable system or providing cable service within the city; an operator of an open video system must obtain a franchise before constructing an open video system or providing services within the city via an open video system. The fact that a particular franchised communications facility may be used for multiple purposes does not obviate the need to obtain a franchise or authorization for other purposes. No franchise shall become effective without the franchisee signing the ordinance which grants it the franchise.
(C) When a license is required. Subject to the requirements of state law, a communications facility operator must obtain a license prior to constructing a communications facility which passes through, but does not serve, and is not designed to serve any person in the city. For such facilities, the City Administrative Officer is authorized to issue licenses.
(D) Nature of grant. Neither a franchise nor a license shall convey title, equitable or legal, in the public rights-of-way. The right granted is only the right to occupy public rights-of-way, for the purposes and for the period stated in the franchise or license; the right may not be subdivided or subleased. Every franchise or license shall be:
(1) Interpreted in a manner that conforms to the requirements of the city code of ordinances;
(2) Deemed to include all the provisions that are required to be in a franchise or license under the code of ordinances, as if fully set forth in the franchise or license; and
(3) Deemed to provide for forfeiture under the circumstances set forth in the code of ordinances, as well as under the provisions of this chapter and any franchise ordinance thereunder.
(Ord. 26-97, passed 9-23-1997)