A. A cable franchise authorizes use of rights-of-way for installing, operating and maintaining cables, wires, lines, optical fiber, underground conduit 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 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 pole owner.
B. A cable franchise shall not mean or include any exclusive right for the privilege of transacting and carrying on a business within the City as generally required by the laws of the City. A cable franchise shall not confer any authority to provide telecommunications services or any other communications services besides cable services and a separate franchise shall be required for the provision of telecommunications services in addition to the cable franchise. A franchise shall not confer any implicit rights other than those mandated by federal, state or local law.
C. A cable franchise is nonexclusive and will not explicitly or implicitly: preclude the issuance of other franchises to operate cable systems within the City; affect the City’s right to authorize use of rights-of-way by other persons to operate cable systems; or for other purposes as it determines appropriate.
D. Once a cable franchise has been accepted and executed by the City and a franchisee, such cable franchise shall constitute a valid and enforceable agreement between the 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 franchisee and the City relating to the franchise.
E. 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 franchisee’s facilities are to be placed within the rights-of-way through its generally applicable permit procedures.
F. A cable franchise shall be a privilege that is in the public trust and personal to the original franchisee. No franchise transfer shall occur without the prior written consent of the City council upon application made by the franchisee pursuant to this chapter, the franchise and applicable law. Consent shall not be unreasonably withheld, and any purported 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. 2850, amended, 10/19/1999)