5.60.090   Nonexclusive franchise.
   A.   Any franchise granted shall be nonexclusive;
   B.   If the city elects to grant an additional cable television franchise in an area where a franchise has already been granted to a cable television operator to any applicant that was not authorized to provide cable television service within the city prior to the effective date of this chapter, it shall do so only after a public hearing noticed pursuant to Section 6066 of the Government Code, in a newspaper of general circulation as defined in Section 6000 of the Government Code, where all of the following have been considered:
   1.   Whether there will be significant positive or negative impacts on the community being served;
   2.   Whether there will be an unreasonable adverse economic or aesthetic impact upon public or private property within the area;
   3.   Whether there will be an unreasonable disruption or inconvenience to existing users, or any adverse effect on future use, of utility poles, public easements, and the public rights-of-way contrary to the intent of Section 767.5 of the Public Utilities Code;
   4.   Whether the franchise applicant has the technical and financial ability to perform;
   5.   Whether there is any impact on the franchising authority's interest in having universal cable service;
   6.   Whether other societal interests generally considered by franchising authorities will be met;
   7.   Whether the operation of an additional cable television system in the community is economically feasible;
   8.   Such other additional matters, both procedural and substantive, as the franchising authority may determine to be relevant.
   C.   Nothing in this section prevents the city from considering the approval or denial of an additional cable service franchise in any area of the city subject to compliance with subsection (E) of this section, or the imposing of additional terms and conditions upon the granting of the franchise, as the city determines is necessary or appropriate.
   D.   The city shall make a final determination as to whether to grant the additional franchise within six months of the application date unless the city can establish that the applicant has unreasonably delayed proceedings designed to consider the matters set forth in subparagraphs (1) to (8), inclusive, of subsection (B) of this section.
   E.   Any additional franchise granted to provide cable television service in an area in which a franchise has already been granted and where an existing cable operator is providing service or certifies to the franchising authority that it is ready, willing and able to provide service, shall require the franchisee to wire and serve the same geographical area within a reasonable time and in a sequence which does not discriminate against lower income or minority residents, and shall contain the same  educational, and governmental access requirements that are set forth in the existing franchise. This subsection does not apply where all existing cable operators certify to the franchising authority that they do not intend to provide service within a reasonable time to the area to be initially served by the additional franchise. (Ord. 9527 § 1 (part), 1995: prior code § 3808)