(a) This is an enabling ordinance authorizing the use of the city’s right-of-way for the provision of cable service and competitive video service in the city, but it does not take the place of any license or permit that may be additionally required by law of the provider, either currently or at some later date.
(b) Any provider that is bound by the terms of an existing franchise agreement that is in effect in the city at the time of the effective date of this chapter shall remain bound by the terms of the existing franchise agreement until the term provided by the existing franchise agreement expires, unless the existing franchise agreement otherwise provides.
(c) It shall be the responsibility of the provider to obtain any and all such licenses or permits necessary to the operation and conduct of its business activities.
(d) Failure of the provider to obtain and conform to the material provisions of any and all such franchises, licenses or permits, and to make prescribed payments if required as a condition of their issuance, shall be considered a violation of this chapter, and subject the provider to the penalties set forth in § 808.99.
(e) The provider shall not erect any boxes or equipment of any kind without satisfying code requirements and all relevant processes including the following:
(1) The provider shall submit application to the Planning Commission. Said application shall include 21 copies of the provider’s plan, including location, box and/or equipment dimensions and landscaping around the box and/or equipment;
(2) If the provider’s site plan is approved by the Planning Commission, it will then be referred to the City Council for final determination; and
(3) The processes identified in divisions (e)(1) through (e)(2) shall be accomplished within a 60-day period.
(Ord. 2007-106, passed 5-21-2007)