(a) No operator shall offer service to subscribers by means of a community antenna system within the City unless he holds a permit granted by ordinance of Council, and authorizing such a system within the City, and in, under and over streets, highways and other public grounds of the City.
(b) All permits granted by ordinance pursuant to this section shall be nonexclusive and nonassignable and Council reserves the right to issue as many such permits as it deems advisable in the public interest.
(c) Any permit granted under the terms of this chapter shall be declared null and void one year from the date it is granted, and such permit shall be revoked unless the operator, or operators, who received such permit satisfactorily demonstrate to the Service Director compliance with the timetable set forth in subsection (d) hereof.
(d) The operator, not later than six months from the effective date of the ordinance granting him a permit, shall furnish to Council, for approval, complete plans and specifications for the construction and operation of his system, including transmission and distribution, which insofar as is technically and economically practical shall call for service to all the incorporated area of the City, as of that date. Within thirty days after receiving approval from Council, the operator shall make and present his most diligent efforts to obtain whatever agreements, if any, are required from utility companies, and approvals from various City departments and regulatory agencies required herein. After obtaining all these necessary agreements and approvals the operator shall begin construction of the system within ninety days thereafter and shall continue at such a rate as to make the service contemplated by this chapter available to at least one-half of all residences in the City within one year after commencement of construction, and available to all residences, business establishments and other potential users in the City within two years after commencement of construction.
(e) The permit shall take effect and will be in force from and after the earliest period allowed by law, and upon the filing by the operator with the Director of his acceptance, in writing, of each and all of the terms and provisions of this chapter. However, if the operator shall fall to file such written acceptance within thirty days after the passage of the ordinance by Council, then the ordinance granting his permit shall be null and void.
(f) If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, or in conflict with rules and regulations of the Federal Communications Commission, then such portion shall be deemed a separate, distinct and independent provision of this chapter, and such holding shall not affect the validity of the remaining portions hereof.
(g) Any permit granted pursuant to this chapter may be revoked by a simple majority vote of Council upon the recommendation of the Director for violation of provisions of this chapter, by giving the operator ninety days notice in writing of intention to revoke such permit unless such violation is corrected during the period of notice.
(1) The term of each permit shall be for a period of not more than fifteen years, the effective date to be pursuant to subsection (e) hereof, with the right of renewal at the option of Council for succeeding periods, each of no more than ten years.
(2) The operator shall be advised in writing, no less than ninety days prior to the end of the period covered by his permit, whether his permit is to be renewed for another like period. And while it is not the intention of this chapter to provide for automatic renewals, no existing operation will be terminated without due and just cause.
(Ord. 77-75. Passed 6-9-75.)