20-1-105. GRANT OF FRANCHISE.
(1) Grantor hereby grants to Grantee a nonexclusive, revocable Franchise to construct, operate, maintain, and reconstruct, a Cable Communications System within the City. The Franchise shall constitute both a right and an obligation to provide the services of a Cable Communications System as required by the provisions of this Chapter.
a. This Franchise is granted under the terms and conditions contained herein and is intended to be consistent with federal laws and regulations and state general laws and regulations.
b. The Franchise granted is hereby made subject to the general City Code provisions now in effect or hereafter made effective. Nothing in this Franchise shall be deemed to waive the requirements of the other codes and ordinances of the Grantor regarding permits, fees to be paid or manner of construction. The Grantee agrees to abide by any existing or new ordinances or regulations, adopted in the manner provided by law, so long as they do not substantially impair the rights granted pursuant to this Franchise.
(2) The term of this new Franchise and all rights, privileges, obligations, and restrictions pertaining thereto shall remain in effect through July 1, 2010, unless terminated sooner as hereinafter provided.
(3) Renewal shall be conducted pursuant to applicable law in effect at that time, which is currently Section 626 of the Cable Communications Policy Act of 1984.
(4) The Franchise granted is nonexclusive. The Grantor specifically reserves the right to grant, at any time, such additional Franchises for a Cable Communications System as it deems appropriate, provided however, that such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to any Grantee. The material provisions of such additional Franchises shall be reasonably comparable to those of the existing Franchises in order that an unfair competitive advantage is not granted to one operator over another.
(5) Subject to federal law, no Cable Communications System shall be allowed to occupy or use the streets or operate within the City without being granted a Franchise.
(6) Subject to federal law, the Grantor may establish appropriate requirements of new Franchises or Franchise renewals, and may modify these requirements from time to time to reflect the future cable related community needs and interests, taking into account the costs of meeting such needs and interest.
(7) The Grantor may grant a Franchise for all or any defined portion of the City.
(8) All new Franchise applications and renewal applications, subject to federal law, when filed shall be available for public inspection at places designated by the Grantor. Information identified by Grantee or an applicant as "proprietary and confidential" shall not be disclosed by City without Grantee's or the applicant's consent, except to the extent state law or any City ordinance adopted pursuant to state law require its disclosure. Grantor may grant or may decline to grant any Franchise.