Skip to code content (skip section selection)
(a) The council may grant one or more nonexclusive, revocable franchises to construct, operate, maintain and repair a cable communications system in the city. A franchise granted by the council pursuant to this chapter shall authorize and permit a franchisee to construct, operate, maintain and repair a cable system, or an OVS, as applicable, to provide cable service in the franchise area, and for that purpose to erect, install, construct, repair, replace, reconstruct, and maintain facilities appurtenant to such system in, on, over, under, upon, across, and along those public rights-of-way that the city may authorize a franchisee to use.
(b) No person may construct, operate, maintain or repair a cable communications system in the city without first obtaining a franchise therefor.
(c) A franchise shall not convey rights other than as specified in this chapter, or in a franchise agreement; no rights shall pass by implication.
(d) A franchise shall not include, or be a substitute for:
(1) Compliance with requirements for the privilege of transacting and carrying on a business within the city, including, but not limited to, compliance with the conditions that the city may establish before facilities may be constructed for, or providing non-cable services;
(2) Any permit, agreement or authorization, other than the authorization required by Section 2.10.020(a), required in connection with operations on or in public rights-of-way or public property, including, but not limited to, encroachment permits, pole attachment permits and street cut permits; and
(3) Any permit, agreement or authorization for occupying any other property of the city or private entities to which access is not specifically granted by the franchise.
(e) A franchise shall not relieve a franchisee of its duty to comply with all laws, including laws of the city, and every franchisee shall comply with the same. The rights granted under a franchise are subject to the exercise of police and other powers the city now has or may later obtain, including, but not limited to, the power of eminent domain. Every franchise issued by the city shall be deemed to incorporate the requirements of the Charter.
(f) A franchise shall not convey title, equitable or legal, in the public rights-of-way, and the rights granted therein may not be subdivided or subleased.
(g) No franchise shall be exclusive, or prevent the city from issuing other franchises or authorizations, or prevent the city from itself constructing, operating, maintaining or repairing its own cable communications system, with or without a franchise.
(h) Every franchise shall be for a term of years, which term shall be not less than five years, unless a franchise specifies otherwise.
(i) Unless specifically stated otherwise in a franchise or required by law, all acts, which a franchisee is required to perform under a franchise or applicable law, shall be performed at the franchisee's expense.
(j) If an operator of a cable communications system fails to perform work that it is required to perform within the time provided for performance, the city may perform or cause the performance of the work and bill the operator therefor, unless a franchise specifies otherwise. The operator shall pay the amounts billed within thirty days, unless a franchise specifies otherwise.
(k) Every franchise shall be issued and adopted by the council in the form of a separate ordinance or resolution and a franchise agreement entered into by the city and the franchisee, who shall accept the franchise.
(Ord. 4636 § 3, 2000)