(a) A grantee’s rights and duties respecting the provision of non-entertainment 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:
(1) A grantee shall be authorized, but not vested with a contractual right or duty, to provide services which either:
(i) Have been identified in its application but have not been prescribed by the ordinance offering the franchise; or
(ii) Have not been described, specified, or identified either in the application or ordinance offering the franchise. The authorization shall be subject to modification through regulation or revocation (by prohibiting the service) pursuant to Section 11-1.1305 of this article.
(2) A grantee shall be vested with a contractual right and duty to provide the services prescribed by the ordinance offering the franchise during the entire term of the 11-1.1303 franchise. Such services shall be provided in compliance with all conditions prescribed by the ordinance. Pursuant to said Section 11-1.305, such services may be regulated, and the conditions applicable thereto set forth in the resolution may be modified or expanded; provided, however, no such service shall be prohibited.
(b) A grantee providing a non-entertainment service or desiring to offer or provide such a non-entertainment service which has not been identified in the ordinance offering the franchise (whether or not the service has been described in the grantee’s application), at any time during the term of the franchise, may file with the Clerk of the Board a written request for the approval of the vesting thereof. The written request shall contain such information as is required by the Board. Not later than thirty (30) calendar days following the date of the filing of the request for approval, the Board shall commence a public hearing thereon, notice of which shall be given in the manner prescribed by Section 11-1.406 of Article 4 of this chapter. At the conclusion of the public hearing, the Board, in its sole discretion, may either approve or disapprove the proposed service. If the service is approved, the approval may be granted upon such conditions as are described by subsection (e) of Section 11-1.1303 of this article. A grantee, 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 11-1.1305 of this article, 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. (§ 1, Ord. 961, eff. October 27, 1983)