(A) Existing franchises.
(1) Franchises previously granted shall be deemed to continue through their current expiration date, incorporating this chapter, and they shall be automatically deemed to have complied with all application and qualification requirements hereunder, unless, within 60 days of passage of this chapter, a franchisee indicates in writing it does not accept this amended ordinance as part of its franchise. Upon such notice of non-acceptance, said franchisee and the city may renegotiate or terminate the franchisee’s franchise pursuant to all local, state and federal law.
(2) Further amendments of this chapter and the Louisville Metro Public Works and Assets Utility Policy shall be deemed accepted by a franchisee unless, within 60 days of any further amendments, a franchisee, indicates in writing it does not accept the amendments as part of its franchise. Upon such notice of non-acceptance, said franchisee and the city may renegotiate or terminate the franchisee’s franchise pursuant to all local, state, and federal law.
(B) Transitional provisions to be narrowly interpreted. It is the intent of the city to apply the provisions of this chapter to all owners or operators of communications systems with facilities, including local exchange carriers, that now occupy or may in the future occupy rights-of-way, except to the extent federal or state law prevents the city from doing so.
(Ord. 2 S2018/2019, passed 10-8-2018)