(A) A franchise authorizes use of the public rights-of-way for installing cables, wires, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults and other facilities as necessary and pertinent to operate a cable system or open video system to serve subscribers within the city. A franchise does not authorize, expressly or implicitly, a franchisee to provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities upon other property of the city or upon private property without owner consent (except for use of compatible casements pursuant to Section 621 of the Cable Act, 47 USC 541(a)(2)), or to use publicly or privately owned conduits without a separate agreement with the owners.
(B) Any franchise granted pursuant to this subchapter shall be nonexclusive, and will not preclude, expressly or implicitly, the issuance of other franchises within the city, or affect the city's right to authorize use of public rights-of-way to other persons to operate cable systems or open video systems or for other purposes as it determines appropriate. All privileges prescribed by a franchise shall be subordinate to any prior lawful occupancy of the public rights-of-way, and the city reserves the right to designate where a franchisee's facilities are to be placed within the public rights-of- way. A franchise does not convey any title, equitable or legal, in the public rights-of-way.
(C) A franchise shall be a personal privilege that is in the public trust. No transfer of a franchise shall occur without the prior consent of the city and unless application is made by the franchisee, and the city approval obtained, pursuant to this subchapter and a franchise agreement.
(D) A franchise granted pursuant to this subchapter to construct, operate and maintain a cable system or OVS within the city shall be deemed to constitute both a right and an obligation on the part of the franchisee to provide the services and facilities of a cable system or OV S as required by the provisions of this subchapter and the franchise. The franchise agreement shall incorporate by reference all of the provisions of the franchisee's application for the franchise that are finally negotiated and agreed upon by the city and franchisee. All of a franchisee's application and all written and oral representations and/or material made or provided by the franchisee in its application, public hearing, or in any correspondence by the city and franchisee or the franchisee and any other person shall be deemed to be material and made for the purpose of inducing the city to grant the franchise in the form accepted.
(E) In the event that a franchisee or it's affiliate elects to offer to subscribers video programming services through any means or method not included within the definition of a cable system, including, but not limited to, an open video system, the franchisee shall remain subject to all terms and conditions of the franchise granted pursuant to this subchapter to the extent permitted by applicable law.
(F) Unless a franchise agreement specifically provides otherwise, all franchises granted pursuant to this subchapter shall apply to the entire territorial area of the city. A franchise agreement may provide that a franchisee must provide a certain level of service to a particular area of the city, before a franchisee may extend service to other areas of the city.
(G) The city may waive the requirement of a franchise for the construction of a cable system or OVS that is not constructed to provide service within the city and that does not provide such services within the city. For the construction of such facilities, pursuant to other code provisions of the city and state law, the city may grant a local business tax receipt for a term no longer than five years and providing for reasonable compensation to the city for use of its public rights-of- way. A local business tax receipt shall be revocable at the will of the City Commission. Except as to matters specifically addressed in the license, the terms of this subchapter will apply to a licensee. If a person granted a license provides cable services within the city, the person shall comply with the requirements of this subchapter.
(Ord. 1406, passed 5-15-02; Am. Ord. 1576, passed 4-18-07)