§ 6.5-227. Franchise agreement; minimum requirements.

(a)

A service provider or system owner or operator subject to this article is prohibited from laying, installing, constructing or using any cable, lines or wires, whether coaxial, fiber, or a functional equivalent, or any other equipment or facilities, on city-owned property or in the city's rights-of-way until a franchise is fully executed and is in effect, including approval by the PSC if such is required.

(b)

A franchise shall be sufficiently detailed so as to clearly delineate the rights, privileges, duties, obligations and limitations of the parties concerned and the duration of the franchise.

(c)

As permitted, and as may be applicable to a particular class or type of service provider or system owner or operator, a franchise shall, at a minimum, contain and address the following matters, as well as any requirements in accordance with any applicable rules of the PSC:

(1)

The term or duration of the franchise;

(2)

An indemnity and hold harmless provision;

(3)

An insurance commitment, as required;

(4)

Performance bonds or other security, as required;

(5)

Completion bonds or other security, as required;

(6)

The clearly designated service area;

(7)

A schedule of service to any unserved areas of the city;

(8)

The construction, upgrade or rebuild schedule, if applicable;

(9)

Compensation, including, but not necessarily limited to a franchise fee for administering the franchise;

(10)

A fee or rent for the commercial use and occupancy of the city's property and rights-of-way;

(11)

A statement of repeal of any previously granted or inconsistent franchise;

(12)

A severability clause;

(13)

A commitment to abide by any and all laws, rules and regulations that govern the franchise or its use and occupancy of the city's property and rights-of-way and the provision of service;

(14)

Any exemptions or relief from this article, or any comparable policy, as may be granted; and

(15)

An effective date.

(d)

Without limitation other than as may be established by supersedent law, the city shall always have the right to require additional matters, issues and subjects to be contained in a franchise, as may be reasonably deemed necessary in the interest of and to protect the city and its residents.

(Ord. No. A-177, § 77, 3-13-2000)