A franchisee's rights and duties respecting the provision of nonentertainment services (whether or not of an interactive nature) on either the subscriber or institutional networks during the term of the franchise shall be as follows:
A. A franchisee shall be authorized, but not vested with a contractual right or duty, to provide services which either:
1. Have been identified in its application but have not been prescribed by the resolution offering the franchise; or
2. Have not been described, specified or identified either in the application or resolution offering the franchise.
The authorization shall be subject to modification through regulation or revocation (by prohibiting the service) pursuant to Section 5.28.1300 of this chapter.
B. A franchisee shall be vested with a contractual right and duty to provide services prescribed by the resolution offering the franchise during the entire term of the franchise. Public hearings to receive comment upon such matters shall be conducted pursuant to the last paragraph in Section 5.28.1280 of this chapter, prior to tentative selection of a franchisee, or, after notice given in the manner prescribed by Section 5.28.080 of this chapter and mailed to the tentative selectee, between the date of tentative selection and approval of the resolution offering the franchise by the governing bodies of the county and municipality of Sacramento, or subcommittees thereof, sitting jointly with respect to the initial CATV franchise or the board of directors of the commission, or a subcommittee thereof, with respect to any other franchise. In the event the public hearing is conducted between the date of tentative selection of a franchisee and approval of the resolution offering the franchise, the issuing authority shall be vested with the same powers in connection with nonentertainment services by the tentative selectee as are prescribed by the last paragraph in Section 5.28.1280 of this chapter. Services prescribed in the resolution offering the franchise shall be provided in compliance with all conditions prescribed by the resolution. Pursuant to Section 5.28.1300 of this chapter, such services may be regulated and the conditions applicable thereto set forth in the resolution may be modified or expanded; provided that no such service shall be prohibited.
A franchisee providing a nonentertainment service or desiring to offer or provide such a nonentertainment service which has not been identified in the resolution offering the franchise (whether or not the service has been described in the franchisee's application) may, at any time during the term of the franchise, file with the clerk of the board of directors of the cable television commission a written request for approval of the vesting thereof. The written request for approval shall contain such information as is required by the board of directors of the commission. Not later than thirty (30) calendar days following the date of filing of the request for approval, the board of directors of the commission shall commence a public hearing thereon, notice of which is given in the manner prescribed by Section 5.28.080 of this chapter. At the conclusion of the public hearing, the board of directors of the commission may, in its sole discretion, either approve or disapprove the proposed service. If the service is approved, the approval may be granted upon such conditions as are described by the last paragraph in Section 5.28.1280 of this chapter. A franchisee, from and after the date of such approval, shall be vested with a contractual right and duty to provide such a service subject to the following limitations. The service shall be provided in compliance with all conditions prescribed by the approval. Pursuant to Section 5.28.1300 of this chapter, such service may be regulated and the conditions set forth in the approval may be modified or expanded, but no such service may be prohibited. (Prior code § 20.06.506)