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A. No person may construct, operate or maintain a cable system or provide cable service over a cable system within the City without a franchise granted by the City authorizing such activity. No person may be granted a franchise without having entered into a 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.

B. To the extent permitted by law, a telecommunications utility, as defined by state law, which utilizes its system to provide cable service shall be subject to this chapter and shall require a cable franchise under this chapter.

C. Services similar to cable service, such as open video system service, shall also be subject to this chapter to the extent provided by law.

D. 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 right-of-way is used or occupied. All cable franchises granted pursuant to this chapter 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. 2850, amended, 10/19/1999)

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