§ 78-285. Franchise characteristics.

(a)

A franchise authorizes use of city streets for installing cables, wires, lines, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary and pertinent to operate a cable television system within a specified area of the city, but does not expressly or implicitly authorize the franchisee to provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities upon private property without owner consent (except for use of compatible easements pursuant to Section 621 of the Communications Act, 47 U.S.C. § 541(a)(2)), or to use publicly or privately owned conduits without a separate agreement with the owners.

(b)

A franchise is nonexclusive and will not expressly or implicitly preclude the issuance of other franchises to operate cable systems within the city, or affect the city's right to authorize use of city streets to other persons to operate cable systems or for other purposes as it determines appropriate.

(c)

All privileges prescribed by a franchise shall be subordinate to any prior lawful occupancy of the streets, and the city reserves the right to reasonably designate where a franchisee's facilities are to be placed within the streets. Such designation may include, but not be limited to, consideration of the availability of space in the rights-of-way.

(d)

No transfer, whether by sale, assignment or change of control of a franchise shall occur without the prior consent of the city and unless application is made by the franchisee, and city approval obtained, pursuant to section 78-304 hereof and the franchise agreement.

(e)

A franchise granted to an applicant pursuant to this article to construct, operate and maintain a cable system within the city, shall be deemed to constitute both a right and an obligation on the part of the franchisee to provide the services and facilities of a cable system as required by the provisions of this article and the franchise agreement. The franchise agreement shall constitute all of the terms and conditions of the franchise that are finally negotiated and agreed upon by the city and franchisee.

(f)

Notwithstanding anything to the contrary, in the event that franchisee, its parent, affiliate or subsidiary elects to offer to subscribers video programming services through any means or method not included within the definition of a cable system, including, but not limited to, all "open video systems", franchisee shall remain subject to all terms and conditions of the cable television franchise granted pursuant to this article.

(Ord. No. 3806-04, § I, 10-25-2004)