(A) No person may construct, operate or maintain a cable system or provide cable service over a cable system within the county and outside of a municipality without a franchise granted by the county authorizing such activity. No person may be granted a franchise without having entered into a franchise agreement with the county pursuant to this chapter. For the purpose of this provision, the operation of part or all of a cable system within the county and outside of a municipality means the use or occupancy by facilities of public rights-of-way within the county and outside of a municipality whether or not any subscriber within the county and outside of a municipality is served. A system shall be deemed as using or occupying public rights-of-way even though such use or occupancy is solely by reason of use of distribution facilities furnished by a telephone or other company pursuant to tariff or contract. A system shall not be deemed as operating within the county and outside of a municipality even though service is offered or rendered to one or more subscribers within the county and outside of a municipality, if no public right-of-way is used or occupied. The location within the county and outside of a municipality of a microwave or similar relay, interconnection or program origination facility not involving the use or occupancy of public rights-of-way shall not be deemed operation within the county and outside of a municipality. In all respects, franchise agreements shall be issued so as to provide equal protection under the law and to prevent unlawful disparate treatment of persons which operate or construct cable systems or provide cable services over a cable system, including as required by 55 ILCS 5/5-1095.
(B) To the extent a common carrier (or any other person) is providing video programming to subscribers using radio communications, such common carrier (or other person) must obtain a franchise as required pursuant to this chapter but shall not be subject to requirements imposed by the Cable Act through this chapter. To the extent a common carrier is providing transmission of video programming on a common carrier basis, such common carrier must obtain a franchise as required pursuant to this chapter but shall not be subject to requirements imposed by the Cable Act through this chapter (but this section shall not affect the treatment of a facility of a common carrier as a cable system). To the extent a common carrier (or any other person) is providing video programming by means of an open video system pursuant to certification approved by the FCC, such common carrier (or other person) need not obtain a franchise pursuant to this chapter but shall be subject to requirements imposed by the Cable Act through this chapter as permitted by federal law, and shall pay to the city fees on gross revenues for the provision of cable service equal to and in lieu of the franchise fee imposed hereunder on cable operators in accordance with the provisions of this chapter. To the extent that a common carrier is providing video programming to its subscribers in a manner other than that described above in this division (B), such common carrier must obtain a franchise as required pursuant to this chapter and shall be subject to requirements imposed by the Cable Act through this chapter.
(1993 Code, § 72.021) (Ord. 96-12, passed 10-16-1996) Penalty, see § 72.999