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(a) No person may construct, operate, maintain or repair a cable system or video service provider's network in the city without first obtaining a state franchise therefor.
(b) A state franchise shall not convey rights other than as specified in this Chapter 2.11 or in DIVCA or other applicable law; no rights shall pass by implication.
(c) Except as otherwise provided by DIVCA, a state franchise shall not include, or be a substitute for:
(1) Compliance with generally applicable 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-video services;
(2) Any permit or authorization, other than a state franchise, required in connection with operations on or in public rights-of-way or public property, including, but not limited to, encroachment permits, street work permits, pole attachment permits and street cut permits; and
(3) Any permit, agreement or authorization for occupying any other property of the city or any private person to which access is not specifically granted by the state franchise.
(d) Except as otherwise provided in DIVCA, a state franchise shall not relieve a franchisee of its duty to comply with all laws, including the ordinances, resolutions, rules, regulations, and other laws of the city, and every state franchisee shall comply with the same. The city reserves its rights to the lawful exercise of police and other powers the city now has or may later obtain.
(e) The city reserves the right to construct, operate, maintain or repair its own cable system or video service provider network.
(Ord. 4945 § 6, 2007)
(a) The city may from time to time adopt rules and regulations to implement the provisions of this Chapter 2.11 consistent with DIVCA.
(b) The cable coordinator is hereby authorized to administer this Chapter 2.11 and to provide or cause to be provided any notices (including noncompliance notices) and to take any action on behalf of the city that may be required under this Chapter 2.11, DIVCA, or under applicable law.
(c) The failure of the city, upon one or more occasions, to exercise a right or to require compliance or performance under this Chapter 2.11 or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing or its exercise by the city is not permitted by DIVCA.
(d) The city may designate one or more entities, including itself, to control and manage the use of PEG access channels, and any PEG facilities and equipment (in addition to any other communications service equipment or facilities) owned, controlled or used by the city or the designated entity or entities.
(Ord. 4945 § 7, 2007)
A video service provider operating within the jurisdictional boundaries of the city shall, in its use of public rights-of-way and public and private property, be considered a "utility" within the meaning of Section 12.04.040 of the Palo Alto Municipal Code, and shall abide by the provisions of Title 12 of the Palo Alto Municipal Code applicable to any utility or utilities.
(Ord. 4945 § 8, 2007)
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