Chapter 30.08


30.08.010    Franchise required.

30.08.020    Application for cable franchise.

30.08.030    Franchise agreement.

30.08.040    Public hearing.

30.08.050    City action on franchise application.

30.08.060    Reimbursement of application costs.

30.08.070    Franchise conditions.

30.08.080    Termination on account of certain assignments or appointments.

30.08.010 Franchise required.

The city may grant multiple nonexclusive cable franchises. No person may construct or operate a cable system in the city without a franchise granted by the city. No person may be granted a franchise without entering into a franchise agreement with the city pursuant to this title. (Ord. 4206 § 1 (part), 2009)

30.08.020 Application for cable franchise.

(a)    An applicant for a franchise to construct, operate, and maintain a cable system within the city shall file an application in a form prescribed by the city, accompanied by a nonrefundable filing fee in the amount determined by the city.

(b)    The city may at any time request, and the applicant shall provide, such additional information as the city reasonably deems relevant to the city’s consideration of the application. (Ord. 4206 § 1 (part), 2009)

30.08.030 Franchise agreement.

Within a reasonable time after submission of an application, the city shall enter into negotiations with the applicant as to the terms and conditions of a franchise agreement. (Ord. 4206 § 1 (part), 2009)

30.08.040 Public hearing.

Prior to the granting of an initial franchise, the city council shall conduct a public hearing to receive information and comments on the following:

(a)    That the public will be benefited by the granting of a franchise to the applicant;

(b)    That the terms of the proposed franchise promote the needs and interests of the city and its citizens;

(c)    That the applicant has the requisite financial and technical resources and capabilities to build, operate and maintain a cable system in the franchise area;

(d)    That the applicant will comply with all terms and conditions placed upon a franchisee by this title;

(e)    That the applicant is capable of complying with all relevant federal, state, and local regulations pertaining to the construction, operation and maintenance of the facilities proposed in its application for a franchise;

(f)    That there is sufficient capacity in the rights-of-way to accommodate the cable system;

(g)    That the present and future use of the rights-of-way will be compatible and consistent with the use by the cable system;

(h)    The potential disruption to existing users of the rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public;

(i)    Any other conditions that the city may reasonably deem appropriate. (Ord. 4206 § 1 (part), 2009)

30.08.050 City action on franchise application.

If the city denies a cable franchise application, it shall issue a written decision stating its reasons for the denial. (Ord. 4206 § 1 (part), 2009)

30.08.060 Reimbursement of application costs.

To the extent allowed by law, after an initial franchise is granted, the applicant shall remit to the city the amount of any actual costs incurred by the city over and above the filing fee referred to in Section 30.08.020(a), within thirty days after receipt of an invoice from the city specifying such costs. (Ord. 4206 § 1 (part), 2009)

30.08.070 Franchise conditions.

Every cable franchise granted pursuant to this title shall be subject to the following conditions:

(a)    Any franchise granted hereunder by the city shall authorize a franchisee, subject to the provisions herein contained and the provisions of its franchise agreement:

(1)    To engage in the business of operating and providing cable service and the distribution and sale of cable service to subscribers within the city; and

(2)    For the sole purpose of providing cable service, to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any right-of-way such amplifiers and appliances, lines, cables, fiber, conductors, vaults, manholes, pedestals, attachments, supporting structures, and other property as may be necessary and appurtenant to the cable system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons including but not limited to any public utility or other franchisee franchised or permitted to do business in the city. No privilege or exemption shall be granted or conferred upon a franchisee by any franchise, except those specifically prescribed therein, and any use of any right-of-way shall be consistent with any prior lawful occupancy of the right-of-way or any subsequent improvement or installation therein.

(b)    In accepting any franchise, a franchisee acknowledges that its rights are subject to the legitimate rights of the police power of the city to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and it agrees to comply with all applicable general laws enacted by the city pursuant to such power.

(c)    In addition to the inherent powers of the city to regulate and control any franchise it issues, the authority granted to it by federal law, and those powers expressly reserved by the city, or agreed to and provided for in a franchise, the right and power is hereby reserved by the city to promulgate such additional regulations as it may find necessary in the exercise of its lawful police powers.

(d)    A cable franchise shall be subject to the right of the city to revoke the same for misuse, or failure to comply with any material provisions of this title, or any federal, state or local laws, ordinances, rules or regulations, or failure to comply with any material provision of the franchise agreement.

(e)    If a cable franchise terminates, and the franchisee does not have authority independent of that franchise to maintain and operate its system in the city’s rights-of-way, then, to the extent not inconsistent with 47 U.S.C. 541(b)(3), the city may order the franchisee to remove its facilities from the franchise area within a reasonable period of time as determined by the city. In that case, any property owned by the franchisee and not removed from the rights-of-way within six months from the date of the city’s order shall be considered to have been abandoned by the franchisee and will become the property of the city to do with as it may choose. If a franchisee fails to remove its facilities as provided in this subsection, the city may have the removal done at the franchisee’s expense, and any cost incurred by the city in removing the franchisee’s facilities from the city’s rights-of-way or property will be a claim against the franchisee.

(f)    The grant of a franchise by the city shall be nonexclusive. It shall not preclude the city from granting other or further franchises or permits, or preclude the city from using any rights-of-way or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the city to make such changes as the city shall deem necessary, including the dedication, establishment, maintenance, and improvement of all new rights-of-way and thoroughfares and other public properties.

(g)    The grant of a franchise shall be for a term as provided in the franchise agreement, which shall not exceed ten years; provided, however, that the city may grant a cable franchise that contains a base term with performance standards which, if met, would extend the term of the cable franchise for a defined period of time up to fifteen years.

(h)    A franchisee shall, where practicable, use existing towers, poles, conduits, lines, cables and other equipment and facilities. Copies of all agreements for the use of such equipment and facilities with public utilities operating within the city shall be placed on file with the city immediately upon their execution. Where such facilities are not reasonably available from public utilities, a franchisee shall have the right to erect and maintain its own poles, conduits and related facilities in the rights-of-way as may be necessary for the proper construction, installation, and maintenance of its cable system, subject to applicable law.

(i)    Nothing in a franchise agreement shall be deemed to waive the requirements of the various codes, laws, and ordinances of the city regarding permits, zoning, fees to be paid, or right-of-way management, or to take the place of any general license or permit required for the privilege of transacting or carrying on a business within the city as required by the ordinances and laws of the city, or for attaching devices to poles or other structures, whether owned by the city or a private entity, or for excavating or performing other work in or along the rights-of-way.

(j)    No reference herein, or in any franchise agreement, to “rights-of-way” shall be deemed to be a representation or guarantee by the city that its interests or other right to control the use of such property is sufficient to permit its use for such purposes, and a franchisee shall be deemed to gain only those rights to use as are properly in the city and as the city may have the undisputed right and power to give. (Ord. 4206 § 1 (part), 2009)

30.08.080 Termination on account of certain assignments or appointments.

(a)    To the extent not prohibited by the U.S. Bankruptcy Code, any franchise shall be deemed revoked one hundred twenty calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of a franchisee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding; provided, however, that a franchise may be reinstated at the city’s sole discretion if, within that one-hundred-twenty-day period:

(1)    Such assignment, receivership or trusteeship has been vacated; or

(2)    Such assignee, receiver, or trustee has fully complied with the terms and conditions of this title and the applicable franchise agreement and has executed an agreement, approved by a court of competent jurisdiction, under which it assumes and agrees to be bound by the terms and conditions of this title and the applicable franchise agreement, and such other conditions as may be established or as are required by applicable law.

(b)    Notwithstanding the foregoing, in the event of foreclosure or other judicial sale of any of the facilities, equipment, or property of a franchisee, the city may revoke the franchise, following a public hearing before the city, by serving notice on the franchisee and the successful bidder, in which event the franchise and all rights and privileges of the franchise will be revoked and will terminate thirty calendar days after serving such notice, unless:

(1)    The city has approved the transfer of the franchise to the successful bidder; and

(2)    The successful bidder has covenanted and agreed with the city to assume and be bound by the terms and conditions of the franchise agreement and this title, and such other conditions as may be established or as are required pursuant to this title or a franchise agreement. (Ord. 4206 § 1 (part), 2009)