(a) Council may grant one or more franchises for the construction and operation of a CATV system in the City after consideration of the applicants for such franchise as may be before it. Any franchise shall be granted subject to this chapter and the City Charter.
(b) The City specifically reserves the right to grant, at any time, such additional franchises for a CATV system as it deems appropriate. Additional franchises shall not be deemed to modify, revoke, terminate or damage any rights previously granted to any other grantee.
(c) In the event a franchise application is filed proposing a franchise territory which overlaps in whole or in part an existing area, a copy thereof shall be served by the applicant by registered mail upon the current franchised grantee or grantees. Proof that a copy of the franchise application has been served upon the current grantee(s)shall be provided to the City. No application for overlapping franchise territory shall be processed until proof of service has been furnished by the applicant and no such application shall be granted without full public hearing on the request. Notwithstanding any other provisions of this chapter, it is not the intent of this chapter to either require or prohibit overbuilding.
(d) Applications for a new, renewed or amended franchise shall be made in such form as the City may prescribe by resolution and shall be accompanied by a nonrefundable application review fee as the City may prescribe by resolution.
(e) Any franchise, and the rights, privileges, authority, and responsibilities established, shall take effect and be in force from and after final approval by Council, and shall continue in force and effect for a period established by the franchise not to exceed fifteen years from the date of approval, only if, within thirty days after the date of the granting of the franchise, the grantee files with the City Clerk its unconditional acceptance of the franchise, all required letters of credit, construction bonds and insurance certificates, and pays to the City Clerk all reasonable costs incurred by the City in preparing, considering and awarding the franchise, including legal, engineering, technical, publication and other expenses. If a grantee fails to comply with this subsection, it shall acquire no rights, privileges or authority whatsoever.
(f) Grantees shall, within sixty days after the execution of a franchise, apply to the Federal Communications Commission, any State agency and any appropriate utility companies for all necessary pole line agreements, authorizations or registrations for the construction of a cable system, and for all permits then normally available. The failure of a grantee to timely apply for such pole lease agreements, authorizations or registrations shall render the franchise null and void and forfeit the grantee's security.
(Ord. 615. Passed 9-5-95.)