(A) Except as the City Council may authorize by resolution, no person may construct, operate, maintain or repair a cable system or video service provider's network in the city without first obtaining a state franchise therefor.
(B) A state franchise shall not convey rights other than as specified in this chapter or in DIVCA or other applicable law; no rights shall pass by implication.
(C) Except as otherwise provided by DIVCA, a state franchise shall not include, or be a substitute for:
(1) Compliance with generally applicable requirements for the privilege of transacting and carrying on a business within the city, including, but not limited to, compliance with the conditions that the city may establish before facilities may be constructed, or for providing non-video services;
(2) Any permit or authorization, other than a state franchise, required in connection with operations on or in public rights-of-way or public property; and
(3) Any permit, agreement or authorization for occupying any other property of the city or private persons to which access is not specifically granted by the state franchise.
(D) Except as otherwise provided in DIVCA, a state franchise shall not relieve a franchisee of its duty to comply with all laws, including laws of the city, and every state franchisee shall comply with the same. The city reserves its rights to the lawful exercise of police and other powers the city now has or may later obtain.
(E) The city reserves the right to construct, operate, maintain or repair its own cable system or video service provider network.
(Ord. 1579, passed 11-17-10)