A. Granting Franchise:
1. The city may grant one or more cable television franchises containing such provisions as are reasonably necessary to protect the public interest, and each such franchise shall be awarded in accordance with and subject to the provisions of this chapter.
2. This chapter may be amended from time to time, and in no event shall this chapter be considered a contract between the city and a grantee such that the city would be prohibited from amending any provision of this chapter, provided no such amendment shall in any way impair any contract right or increase obligations of a grantee under an outstanding and effective franchise except in the lawful exercise of the city's police power.
B. Cable Franchise Required:
1. No person may construct, operate or maintain a cable system or provide cable service over a cable system within the city without a franchise granted by the city authorizing such activity. No person may be granted a franchise without having entered into a franchise agreement with the city pursuant to this chapter. For the purpose of this provision, the operation of part or all of a cable system within the city means the use or occupancy of rights of way by facilities used to provide cable service.
2. To the extent permitted by law, a telecommunications utility, as defined by state law, which utilizes its system to provide cable service shall be subject to this chapter and shall require a cable franchise under this chapter.
3. Services similar to cable service, such as open video system service, shall also be subject to this chapter to the extent provided by law.
4. A system shall not be deemed as operating within the city even though service is offered or rendered to one or more subscribers within the city, if no right of way is used or occupied. All cable franchises granted pursuant to this chapter shall contain substantially similar terms and conditions, which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other cable grantees.
C. Length Of Cable Franchise: Unless otherwise specified in a cable franchise, no cable franchise shall be granted for a period of more than five (5) years.
D. Cable Franchise Characteristics:
1. A cable franchise authorizes use of rights of way for installing, operating and maintaining cables, wires, lines, optical fiber, underground conduit and other devices necessary and appurtenant to the operation of a cable system to provide cable services within the city, but does not expressly or implicitly authorize a grantee to provide service to, or install a cable system on private property without owner consent, or to use publicly or privately owned poles, ducts or conduits without a separate agreement with the pole owner.
2. A cable franchise shall not mean or include any exclusive right for the privilege of transacting and carrying on a business within the city as generally required by the laws of the city. A cable franchise shall not confer any authority to provide telecommunications services or any other communications services besides cable services and a separate franchise shall be required for the provision of telecommunications services in addition to the cable franchise. A franchise shall not confer any implicit rights other than those mandated by federal, state or local law.
3. A cable franchise is nonexclusive and will not explicitly or implicitly: preclude the issuance of other franchises to operate cable systems within the city; affect the city's right to authorize use of rights of way by other persons to operate cable systems; or for other purposes as it determines appropriate.
4. Once a cable franchise has been accepted and executed by the city and a grantee, such cable franchise shall constitute a valid and enforceable agreement between the grantee and the city, and the terms, conditions and provisions of such franchise, subject to this chapter and all other duly enacted and applicable laws and regulations, shall define the rights and obligations of the grantee and the city relating to the franchise.
5. All privileges prescribed by a cable franchise shall be subordinate to any prior lawful occupancy of the rights of way and the city reserves the right to reasonably designate where a grantee's facilities are to be placed within the rights of way through its generally applicable permit procedures.
6. A cable franchise shall be a privilege that is in the public trust and personal to the original grantee. No franchise transfer shall occur without the prior written consent of the city council upon application made by the grantee pursuant to this chapter, the franchise and applicable law. Consent shall not be unreasonably withheld, and any purported franchise transfer made without application and prior written consent shall be void and shall be cause for the city to revoke the cable franchise.
E. Cable Grantee Subject To Other Laws, Police Powers:
1. A cable grantee shall at all times be subject to and shall comply with all applicable federal, state and local laws and regulations, including this chapter. A cable grantee shall at all times be subject to all lawful exercise of the police power of the city including, but not limited to, all rights the city may have under the cable act, all powers regarding zoning, supervision of construction, control of rights of way and consumer protection.
2. The city shall have full authority to regulate cable systems, cable grantees and franchises as may now or hereafter be lawfully permissible.
F. Operation Of A Cable System Without A Franchise: Any person who occupies rights of way for the purpose of operating or constructing a cable system or provides cable service over a cable system and who does not hold a valid franchise from the city shall be subject to all requirements of this chapter. The city administrator shall have the authority:
1. To require such person to enter into a franchise within thirty (30) days of receipt of written notice that a franchise is required; or
2. To require such person to remove its property and restore the affected area to a condition satisfactory to the city. The city administrator may direct city personnel, or may employ contractors, to remove the property and restore the affected area to a condition satisfactory to the city and charge the person the costs therefor.
3. To take any other action it is entitled to take under applicable law.
In no event shall a franchise be created unless it is issued by the city pursuant to this chapter and subject to a written franchise agreement. (Ord. 772, 4-19-2012)