(A) Generally.
(1) No person may construct, operate, or maintain a cable system or provide cable service in the city unless and until such person is granted a franchise. All franchises must be granted pursuant to the provisions of this cable chapter. Notwithstanding any provision to the contrary, any franchises and this cable chapter shall at all times be subject to, and without waiving, applicable law.
(2) Any franchise granted hereunder will authorize a grantee to deliver cable service and construct, operate, and maintain a cable system in the rights-of-way in the city.
(3) All franchises shall be nonexclusive and city may grant additional franchises at any time. The city will not grant an additional franchise on terms and conditions more favorable or less burdensome than those in an existing franchise. The city may impose additional terms and conditions in any additional franchise.
(4) The city shall comply with § 115.14(D) in the event an additional provider is legally authorized to provide cable service.
(5) This cable chapter and franchises granted pursuant hereto are intended to comply with M.S. Ch. 238, as it may be amended from time to time. Any applicable requirement established by M.S. § 238.084, as it may be amended from time to time, not expressly incorporated in this cable chapter or a franchise shall be deemed incorporated by reference in the franchise as though fully set forth therein.
(B) Use of rights-of-way.
(1) Use of rights-of-way to operate a cable system and provide cable service must not be inconsistent with the terms and conditions by which such rights-of-way were created or dedicated. Use of rights-of-way is subject to all generally applicable legal requirements including any right-of-way ordinance enacted by the city and division (E) below.
(2) Upon written request, the city shall have the right to review, subject to the confidentiality protections provided in § 115.09(C), the grantee’s system location maps at a mutually agreed upon location.
(C) Tree trimming. Subject to applicable law, a grantee is authorized to trim any trees upon and overhanging the rights-of-way, alleys, sidewalks, or public easements of city so as to prevent the branches of such trees from coming in contact with wires and cables of a system.
(D) Franchise term. Franchises will be granted for a term established in the franchise agreement. No franchise may be granted for a period exceeding 15 years from the date of acceptance by the grantee.
(E) Regulation of cable service. Any franchise agreement adopted pursuant to this cable chapter will define the contractual rights and obligations of the city and grantee; provided however that a grantee remains subject to the lawful exercise of the city’s police power, ordinance-making authority, and power of eminent domain.
(F) Initial franchise applications.
(1) Upon request or its own initiative, the city may initiate the cable franchise application process required by M.S. § 238.081, as it may be amended from time to time. Any person desiring an initial franchise must file an application with the city.
(2) The city will establish an application fee in an amount to offset the costs of processing applications and awarding an initial franchise. Such application fees will not constitute a franchise fee.
(3) Upon receipt of an application for an initial franchise, city staff will prepare a report and recommendations to the City Council regarding the application(s).
(4) A public hearing concerning applications will be held prior to rejection or acceptance of applications, and award of any initial franchises.
(G) Franchise renewal. Franchise renewals will be conducted in accordance with applicable laws.
(Ord. 711, passed 2-11-2019)
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