§ 6.5-226. Applications for franchises; authority to grant nonexclusive franchises; required permitting.

(a)

The city council may award one (1) or more nonexclusive franchises within its corporate limits and no franchise may be exclusive.

(b)

A service provider's or system owner's or operator's application or proposal shall be evaluated and approved or disapproved as part of a public proceeding and hearing which affords the applicant and the public an opportunity to be to be heard, and which is in accordance with applicable federal and state laws, rules and regulations.

(c)

A service provider's or system owner's or operator's application or proposal for renewal of a franchise for cable service shall be received, processed, evaluated, awarded or not awarded or renewed or not renewed pursuant to applicable federal and state law relating to the renewal of cable television franchises. An application or proposal for renewal of a cable television franchise shall not automatically confer the right to construct, rebuild, upgrade or operate a system other than for the provision of cable service as defined be federal law.

(d)

A service provider or system owner or operator desiring to provide service(s) in addition to cable service shall be required to obtain a wireline franchise.

(e)

A franchise for wireline service or cable service shall not automatically or inherently include the authority to receive, transmit, carry or transport signals or service using wireless technology. In order for a wireline system franchise to carry, transport or transmit wireless service, the franchise must expressly grant permission to do so.

(f)

Any service provider or system owner or operator shall proceed with due diligence and its best efforts to obtain, at its own costs, all necessary permits, licenses, and authorizations which are required for the conduct of its business in the city within thirty (30) days after the effective date of an initial franchise, including, but not limited to, any private easement agreements, business licenses, utility joint use or attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations needed to lawfully provide service or operate a system within the city.

(g)

A service provider or system owner or operator shall have in its possession all necessary and required permits, easements, agreements and licenses prior to the commencement of any construction, rebuild or upgrade of the system, and, if applicable, the provision of service.

(Ord. No. A-177, § 76, 3-13-2000)