Chapter 23.25
CABLE TELEVISION FRANCHISE
Sections:
23.25.030 Length of franchise.
23.25.040 Cable television franchise characteristics.
23.25.050 Cable television franchisee subject to other laws, police powers.
23.25.060 Interpretation of franchise terms.
23.25.070 Operation of a cable television system without a franchise.
23.25.090 Cable television franchise fees.
23.25.010 Grant of franchise.
The city may grant one or more cable television franchises containing such provisions as are reasonably necessary to protect the public interest, and each such franchise shall be awarded in accordance with and subject to the provisions of this title. This title may be amended from time to time, and in no event shall this title be considered a contract between the city and a 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 franchisee under an outstanding and effective franchise except in the lawful exercise of the city’s police power.
(Ord. 360 § 1, 2002).
23.25.020 Franchise required.
No person may construct, operate or maintain a cable television system or provide cable television service over a cable television 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 title. For the purpose of this provision, the operation of part or all of a cable television system within the city means the use or occupancy of rights-of-way by facilities used to provide cable television service. A system used to provide telephone service also used to provide cable television service shall be subject to this title and shall also require a franchise. Services similar to cable television service, such as open video system service, shall be subject to this title 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 right-of-way is used or occupied. All cable television franchises granted pursuant to this title 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 television franchisees.
(Ord. 360 § 1, 2002).
23.25.030 Length of franchise.
Unless otherwise specified in a cable television franchise, no cable television franchise shall be granted for a period of more than 25 years.
(Ord. 360 § 1, 2002).
23.25.040 Cable television franchise characteristics.
A. A cable television 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 television system to provide cable television 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 owners to the extent provided by law.
B. A cable television franchise issued by the city confers the authority to provide other telecommunications services over the cable television system so long as no additional facilities are located within the right-of-way beyond those used by the cable system. Otherwise, a franchise shall not confer any implicit rights other than those mandated by federal, state or local law.
C. A cable television franchise is nonexclusive and will not explicitly or implicitly preclude the issuance of other franchises to operate cable television systems within the city, affect the city’s right to authorize use of rights-of-way by other persons to operate cable television systems or for other purposes as it determines appropriate, or affect the city’s right to itself construct, operate or maintain a cable television system, with or without a franchise.
D. Once a cable television franchise has been accepted and executed by the city and a franchisee, such cable television 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 title 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 television 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 television 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 upon application made by the franchisee pursuant to this title, and the franchise, and applicable law, which 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 television franchise.
(Ord. 360 § 1, 2002).
23.25.050 Cable television franchisee subject to other laws, police powers.
A. A cable television franchisee shall at all times be subject to and shall comply with all applicable federal, state and local laws and regulations, including this title. A cable television 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, 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 television systems, cable television franchisees and franchises as may now or hereafter be lawfully permissible.
(Ord. 360 § 1, 2002).
23.25.060 Interpretation of franchise terms.
A. In the event of a conflict between this title and a cable television franchise, the provisions of this title control if the conflict arises from the lawful exercise of the city’s police power.
B. The provisions of this title and a cable television franchise will be liberally construed in accordance with generally accepted rules of construction to promote the public interest.
(Ord. 360 § 1, 2002).
23.25.070 Operation of a cable television system without a franchise.
Any person who occupies rights-of-way for the purpose of operating or constructing a cable television system or provides cable television service over a cable television system and who does not hold a valid franchise from the city shall be subject to all requirements of this title. In its discretion, the city at any time may by ordinance require such person to enter into a franchise within 30 days of receipt of a written notice to such person from the city that a franchise is required, require such person to remove its property and restore the affected area to a condition satisfactory to the city, direct municipal personnel to remove the property and restore the affected area to a condition satisfactory to the city and charge the person the costs thereof, 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 franchise be created unless it is issued by the city pursuant to this title and subject to a written franchise agreement.
(Ord. 360 § 1, 2002).
23.25.080 Eminent domain.
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. 360 § 1, 2002).
23.25.090 Cable television franchise fees.
Cable television franchisees shall be subject to the cable television franchise fees, payments and costs provided in their cable television franchise and herein.
(Ord. 360 § 1, 2002).