27.050 Grant of Franchise.

(1) Grant Authority. The City may grant one or more cable television franchises, and each such franchise shall be awarded in accordance with and subject to the provisions of this cable ordinance. The cable ordinance may be amended from time to time, and in no event shall the ordinance be considered a contract between the City and any franchisee such that the City would be prohibited from amending any provision of the cable ordinance.

(2) Franchise Required. No person, other than the City of Manitowoc or any of its subunits, including Manitowoc Public Utilities, may construct or operate a cable system without a franchise granted by the City, and no such person may be granted a franchise without having entered into a franchise agreement with the City pursuant to this chapter.

(3) Franchise Characteristics.

(a) Rights and Privileges. A franchise granted pursuant to this chapter grants to the franchisee a nonexclusive franchise to construct, operate and repair in, upon, along, across, above and over streets in the City a cable system for the purpose of providing cable service, all subject to the terms and conditions of this chapter and the franchise agreement. A franchise does not expressly or implicitly authorize the franchisee to provide service to, or install a cable system on private property without owner consent (except for use of compatible easements pursuant to 47 USC 541(a)(2)), or use publicly or privately owned conduits without a separate agreement with the owner.

(b) Term. The term of a franchise may not exceed 10 years. A franchise may be extended for an additional five years up to a total of 15 years upon recommendation of the Cable Television Commission and the recommendation of the Public Utilities and Licensing Committee.

(c) Nonexclusivity. Any franchise granted hereunder is nonexclusive and will not explicitly or implicitly preclude the issuance of any other franchises to operate cable systems within the City, affect the City’s right to authorize the use of public rights-of-way by other persons to operate cable systems or for other purposes as the City deems appropriate, or affect the City’s right itself to construct, operate or maintain a cable system with or without a franchise.

(d) Franchise Agreement. Once a franchise agreement has been accepted and executed by the City and a franchisee, such franchise agreement shall constitute a contract between the franchisee and the City. The terms, conditions and provisions of such franchise agreement, subject to this chapter and all other duly enacted and applicable laws, ordinances and regulations, shall define the rights and obligations of the franchisee and the City related to the franchise. Any violation of any franchise agreement shall be deemed a violation of this chapter.

(4) Other Laws. All rights and privileges granted herein are subject to the police powers of the City and its rights under applicable laws and regulations to regulate the franchisee and the construction, operation, or maintenance of its cable system, including, but not limited to, the right to adopt and enforce additional ordinances and regulations as the City shall find necessary in the exercise of its police powers; the right to adopt and enforce applicable zoning, building and permitting and safety codes; and any right the City has to adopt and enforce laws and regulations including cable television consumer protection laws and service standards pursuant to the Cable Act.

(5) Interpretation. The provisions of this chapter and any franchise agreement will be liberally construed in order to effectuate their purposes and objectives, and to promote the public interest. Except as to matters which are governed solely by Federal law or regulation, the franchise agreement will be governed by and construed in accordance with the laws of the State of Wisconsin.

(6) Right of Condemnation Reserved. Nothing in this chapter or any franchise agreement shall limit any right pursuant to applicable law which the City may have to acquire any property of the franchisee.

(7) Acts at Franchisee’s Expense. Any act that a franchisee is or may be required to perform under this chapter, any franchise agreement, or any applicable law or regulation shall be performed at the franchisee’s expense, unless expressly provided to the contrary in this chapter, the franchise agreement, or applicable law.

(8) Operation of a Cable System without a Franchise. Any person who occupies public rights-of-way for the purpose of operating or constructing a cable system and who does not hold a valid franchise from the City 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 City at any time may require such person to enter into a franchise agreement within 30 days of receipt of a written notice by the City that a franchise agreement is required; require such person to remove its property and restore the area to a condition satisfactory to the City within such time period; 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 City and subject to a franchise agreement.

[Prior code § 27.05]