The city shall have the right to install and maintain free of charge upon the poles or in any conduit within city limits owned by the franchisee any wire and pole fixtures that do not unreasonably interfere with the cable service operations of the franchisee. This is provided that, if the franchisee is authorized to erect poles or place conduit and the city uses the franchisee's conduit or poles to install a cable system that competes with the franchisee in the provision of cable service to residential subscribers, the franchisee may charge the city a fair market rate to be negotiated and agreed to by the city for the use of the poles or conduit to provide residential cable service. For purposes of this section, a fair market rate shall be based on the rates charged for similar use agreements in the city.
(Ord. 02-2007, passed 1-16-2007)