Title 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.04 CABLE TELEVISION SYSTEMS
5.04.040 Provision of service.
5.04.050 Action on request for franchise.
The purpose of this Chapter is to ensure that a franchise is obtained for the construction and operation of all multichannel video systems within the City. (Ord. 28-2005 §1)
For purposes of this Chapter, the following terms shall have the following
meanings:
A. "Construct" means and includes:
1. The installation of lines, fibers or facilities that are in or cross any of the streets, highways or public rights-of-way within the City for use as part of a multichannel video system, or
2. The connection of other facilities directly or indirectly to previously existing lines, fibers or facilities that are in or cross any streets, highways or public rights-of-way within the City for use as part of a multichannel video system.
B. "Multichannel video provider" means a person who meets one or more of the following tests:
1. The person is a "cable operator," as such term is defined in Title VI of the Federal Communications Act of 1934, 47 U.S.C. § 521, et seq., or is otherwise required to obtain a "franchise" as such term is defined in such Act.
2. The person is an "open video system operator," as such term is defined in Title VI of the Federal Communications Act of 1934 and implementing regulations.
3. The person provides "video programming service" as such term is defined in Title VI of the Federal Communications Act of 1934, 47 U.S.C. § 521, et seq.," where such service is transmitted in whole or in part via wires or lines that are in or cross any highway or public right-of-way within the City. The preceding sentence shall apply whether the provider owns, leases or otherwise obtains the right to use such wires or lines including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose.
4. The person provides video programming service and is otherwise required to obtain a franchise or similar approval under the City's Home Rule Charter, state law or federal law.
C. "Video programming service" means multiple channels of video programming where some or all of the video programming is generally considered comparable to programming provided by a television broadcast station. Multichannel video service specifically includes "cable service," as such term is defined in Title VI of the Federal Communications Act of 1934.
D. "Multichannel video system" includes all of the following:
1. A "cable system," as such term is defined in Title VI of the Federal Communications Act of 1934;
2. An "open video system," as such term is defined in Title VI of the Federal Communications Act of 1934 and implementing regulations;
3. A system which provides video programming service, where such service is transmitted in whole or in part via wires or lines that are in or cross any streets, highways or public rights-of-way within the City, whether the provider owns, leases or otherwise obtains the right to use such wires or lines, including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose; and
4. Any other system providing video programming service within the City for which a franchise or similar permission or approval from the City is required under applicable law. (Ord. 28-2005 §1; Prior code § 6-3-1)
No person shall construct a multichannel video system in the City to provide video programming service in the City without first obtaining from the City a franchise authorizing the construction of such a system. (Ord. 28-2005 §1; Prior code § 6-3-7)
5.04.040 Provision of service.
No multichannel video provider shall provide video programming service to any person in the City unless a franchise from the City authorizing the provision of such service is in full force and effect at all times while such service is being provided. (Ord. 28-2005 §1)
5.04.050 Action on request for franchise.
In compliance with applicable law, the City shall act expeditiously on any request for a franchise so as to allow the prompt provision of service while ensuring that the public interest is met. (Ord. 28-2005 §1)