(A) A franchise authorizes use of public rights-of-way for installing, operating and maintaining cables, wires, lines, optical fiber, underground conduit and other devices necessary and appurtenant to the operation of a cable system to provide cable services within a franchise area, but does not expressly or implicitly authorize a franchisee to provide service to, or install a cable system on private property without owner consent through eminent domain or otherwise, except for use of compatible easements pursuant to and consistent with § 621 of the Cable Act, 47 USC § 541(a)(2), or to use publicly or privately owned poles, ducts or conduits without a separate agreement with the owners.
(B) A franchise shall not mean or include any franchise, license or permit for the privilege of transacting and carrying on a business within the village as generally required by the ordinances and laws of the village other than this Cable Communications Regulatory Code or for attaching devices to poles or other structures, whether owned by the village or other person or for excavating or performing other work in or along public rights-of-way. A franchise shall not confer any authority to provide telecommunications services or any other communications services besides cable services. A franchise shall not confer any implicit rights other than those mandated by federal, state or local law.
(C) A franchise is non-exclusive and will not explicitly or implicitly preclude the issuance of other franchises to operate cable systems within the village; affect the village’s right to authorize use of public rights-of-way by other persons to operate cable systems or for other purposes as it determines appropriate; or affect the village’s right to itself construct, operate or maintain a cable system, with or without a franchise; provided, however, that in considering whether to grant a franchise in addition to an existing franchise or to own, lease and/or operate a municipal system, the village shall comply with state law, including ILCS Chapter 65, Act 5, § 11-42-11.
(D) Once a franchise agreement has been accepted and executed by the village and a franchisee, the franchise agreement shall constitute a valid and enforceable contract between the franchisee and the village, and the terms, conditions and provisions of the franchise agreement, subject to this code and all other duly enacted and applicable laws, shall define the rights and obligations of the franchisee and the village relating to the franchise.
(E) All privileges prescribed by a franchise shall be subordinate to any prior lawful occupancy of the public rights-of-way and the village reserves the right to reasonably designate where a franchisee’s facilities are to be placed within the public rights-of-way through its generally applicable permit procedures without materially adding to the obligations of the franchisee.
(F) A franchise shall be a privilege that is in the public trust and personal to the original franchisee. No franchise transfer shall occur without the prior written consent of the village upon application made by the franchisee pursuant to this code and the franchise agreement, which consent shall not be unreasonably withheld, and any purported franchise transfer made without application and prior written consent shall be void and shall be cause for the village to revoke the franchise agreement.
(`92 Code, § 8-1-31) (Ord. 96-19, passed 10-2-96)