(a) Authority and Responsibility of Franchisees. In the event that the City shall grant a nonexclusive, revocable franchise to construct, operate and maintain a cable communications system within the City, said franchise shall constitute both a right and an obligation to provide the services of a cable communications system, as regulated by the provisions of this chapter and the franchise agreement.
(b) Franchise Area. The franchise area shall be the entire City, or portions thereof for which a franchise is granted.
(c) Use of Public Rights-of-Way. For the purpose of operating and maintaining a cable communications system in the City, a grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the public streets and ways within the City, such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary for the operation of the cable communications system, provided, however, that a grantee complies with all design, construction, safety and performance provisions contained in this chapter, the franchise agreement and other applicable local ordinances.
(d) Use of City Facilities. A grantee shall make use of existing poles and other facilities available to it. A grantee may erect its own poles and install its own conduit, with approval of the City, which approval shall not be unreasonably withheld. All poles and conduit installed within the cable service territory shall be made available for attachment or use by a grantee, at just and reasonable rates applied to public utilities, under the formula established in 47 U.S.A. 224, as the same may be amended from time to time.
(e) Term of Franchise. The term of any franchise granted pursuant to this chapter shall be stated in the franchise agreement.
(f) Timeliness of Performance. Whenever an agreement shall set forth any time for an act to be performed by or on behalf of a grantee, such time shall be deemed of the essence and any failure of a grantee to perform within the time allotted shall always be sufficient ground for the city to invoke an appropriate penalty, including possible revocation of the franchise.
(g) Applicable Law. In any controversy or dispute under this chapter, Federal law, the rules of the Federal Communications Commission, Ohio law and City ordinances shall apply.
(Ord. 95-17. Passed 9-18-95.)