A franchise authorizes use of public rights-of-way for installing cables,
wires, lines, optical fibers, underground conduit and other devices necessary
and appurtenant to the operation of a cable system within a franchise area,
but does not expressly or implicitly authorize a franchisee to provide service
to, or install a cable system on, private property without owner consent [except
for use of compatible easements pursuant to Section 621 of the Cable Act,
47 U.S.C. § 541(a)(2)], or to use publicly or privately owned conduits
without a separate agreement with the owners.
Any person who occupies the public rights-of-way of the municipality
for the purpose of operating or constructing a cable system and who does not
hold a valid franchise from the municipality shall be subject to all provisions
of this chapter, including but not limited to its provisions regarding construction
and technical standards and franchise fees. In its discretion, the municipality
at any time may require such person to apply for a franchise within 30 days
of receipt of a written notice by the municipality that a franchise agreement
is required; require such person to remove its property and restore the area
to a condition satisfactory to the municipality within a reasonable time period,
as the municipality shall determine; remove the property itself and restore
the area to a satisfactory condition and charge the person the costs therefor;
and/or take any other action it is entitled to take under applicable law,
including filing for and seeking damages under trespass. In no event shall
a franchise be created unless it is issued by action of the municipality and
subject to a written franchise agreement.
Subject to applicable federal or state law, any act that a franchisee
is required to perform under this chapter, a franchise agreement or applicable
law shall be performed at the franchisee's expense, unless expressly provided
to the contrary in this chapter, the franchise agreement or applicable law.
Nothing herein shall be deemed or construed to impair or affect, in
any way or to any extent, the municipality's rights of eminent domain to the
extent to which they may apply to any public utility or cable system.