The City may grant one or more cable franchises containing such provisions as are reasonably necessary to protect the public interest, and each such cable franchise shall be awarded in accordance with and subject to the provisions of this chapter. 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 cable franchisee such that the City would be prohibited from amending any provision hereof; provided, no such amendment shall in any way impair any contract right or increase obligations of a cable franchisee under an outstanding and effective cable franchise except in the lawful exercise of the City's police power.
(Ord. 2743 § 1, 2019)
No person may construct, operate or maintain a cable system or provide cable service over a cable system within the City without a cable franchise granted by the City authorizing such activity. No person may be granted a cable franchise without having entered into a cable 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. Telecommunications facilities used to provide telephone service which are also used to provide cable service shall be subject to this chapter and shall also require a cable franchise. Use of such facilities to provide services similar to cable service, such as open video service, shall be subject to this chapter to the extent provided by law. 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 rights-of-way by facilities used to provide cable service are used or occupied. All cable franchises granted pursuant to this article 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 franchisees.
(Ord. 2743 § 1, 2019)
Unless otherwise specified in a cable franchise, or unless otherwise renewed, no cable franchise shall be granted for a period of more than 10 years.
(Ord. 2743 § 1, 2019)
A. 
A cable franchise authorizes use of rights-of-way for installing, operating and maintaining cables, wires, lines, optical fiber, underground conduits 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 cable franchisee 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 owners.
B. 
A "cable franchise"
shall not mean or include any exclusive right or authorization for the privilege of transacting and carrying on a business within the City as generally required by the ordinances and laws of the City. A cable franchise shall not confer any authority to provide telecommunications services or any other communications services besides cable services. A cable franchise shall not confer any implicit rights other than those mandated by federal, state and local law.
C. 
Once a cable franchise has been accepted and executed by the City and a cable franchisee, such cable franchise shall constitute a valid and enforceable agreement between the cable franchisee 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 cable franchisee and the City relating to the cable franchise.
D. 
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 cable franchisee's facilities are to be placed within the rights-of-way through its generally applicable permit procedures.
E. 
A cable franchise shall be a privilege that is in the public trust and personal to the original cable franchisee. No cable franchise transfer shall occur without the prior written consent of the City upon application made by the cable franchisee pursuant to this chapter and the cable franchise, which consent shall not be unreasonably withheld, and any purported cable franchise transfer made without application and prior written consent shall be void and shall be cause for the City to revoke the cable franchise.
(Ord. 2743 § 1, 2019)
A. 
A cable franchisee 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 franchisee 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 Acts and all powers regarding zoning, supervision of construction, control of rights-of-way and consumer protection.
B. 
The City shall have full authority to regulate cable systems, cable franchisees and cable franchises as may now or hereafter be lawfully permissible.
(Ord. 2743 § 1, 2019)
A. 
In the event of a conflict between this chapter and a cable franchise, the provisions of this chapter control except where the conflict arises from the lawful exercise of the City's police power.
B. 
The provisions of this chapter and a cable franchise will be liberally construed in accordance with generally accepted rules of construction to promote the public interest.
(Ord. 2743 § 1, 2019)
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 cable franchise from the City shall be subject to all requirements of this chapter. In its discretion, the City at any time may by ordinance require such person to enter into a cable franchise within 30 days of receipt of a written notice to such person from the City that a cable franchise is required; require such person to remove its property and restore the affected area to a condition satisfactory to the City; direct City personnel to remove the property and restore the affected area to a condition satisfactory to the City and charge the person the costs therefor, including by placing a lien on the person's property; or take any other action it is entitled to take under applicable law. In no event shall a cable franchise be created unless it is issued by the City pursuant to this chapter and subject to a written cable franchise.
(Ord. 2743 § 1, 2019)
Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the City's power of eminent domain.
(Ord. 2743 § 1, 2019)
A. 
No cable franchisee or other multichannel video programming distributor shall enter into or enforce an exclusive contract for the provision of cable service or other multichannel video programming with any person or demand the exclusive right to serve a person or location, as a condition of extending service to that or any other person or location.
B. 
No cable franchisee or other multichannel video programming distributor shall engage in acts that have the purpose or effect of limiting competition for the provision of cable services or services similar to cable service in the City.
(Ord. 2743 § 1, 2019)
The cable franchisee shall be subject to the cable franchise fees, payments and costs provided in their cable franchise and as may be set by resolution.
(Ord. 2743 § 1, 2019)