4-10-4-1: GENERALLY:
   A.   No person may provide cable service in the City, nor operate a system in the City, unless and until such person is granted a franchise. All franchises must be granted pursuant to the provisions of this chapter.
   B.   Any franchise granted hereunder will authorize the grantee to deliver cable service and construct, operate and maintain a system in the rights-of-way in the City.
   C.   All franchises shall be nonexclusive, and City may grant additional franchises at any time. To the extent consistent with applicable law, the City will not grant a franchise for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: 1) the area served; 2) public, educational, or governmental access requirements; or 3) franchise fees, unless the area in which the additional franchise is being sought is not actually being served by any existing grantee. The City may impose additional terms and conditions on any additional franchises.
   D.   This chapter and franchises granted pursuant hereto are intended to comply with Minnesota Statutes chapter 238 and applicable law. Any applicable requirement established by Minnesota Statutes section 238.084 not expressly incorporated in this chapter or a franchise shall be deemed incorporated by reference in the franchise as though fully set forth therein.
   E.   The performance of any grantee is subject to periodic evaluation by the City upon reasonable notice to the grantee. (Ord. 2019-03, 1-28-2019)