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<br />(a) It is the intent of the City and the purpose ofthis article to promote the public health, <br />safety, and general welfare by providing an application procedure for the grant of one or more <br />franchises for the operation and/or construction of a cable system within the City; to provide for the <br />regulation to the extent permitted by applicable law, of each cable system within the City in the <br />public interest; to provide for the payment of fees and other valuable consideration by cable <br />operators to the City for the use of streets by its cable system; to promote the widespread availability <br />of quality cable service to City residents and businesses, the City, and other public institutions; to <br />encourage the development of cable and other communications technologies and cable systems as <br />a means of communication between and among members of the public, City businesses, the City, <br />and other public institutions; to promote competitive cable rates and services; to promote the safe <br />and efficient use of City streets; to enhance and maximize the communicative potential of streets <br />used by cable systems; and to encourage the provision of a diversity of information sources to City <br />residents, businesses, the community, the City, and other public institutions by cable technology. <br /> <br />(b) Recognizing the continuing development of communications technology and uses, it is <br />the policy ofthe City to encourage competition, experimentation and innovation in the development <br />of cable system uses, services, programming and techniques that will be of general benefit to the <br />community to the extent consistent with applicable laws. <br /> <br />Sec. 3. <br /> <br />Grant of authority: franchise required. <br /> <br />(a) The City may grant one or more franchises in accordance with this article. <br /> <br />(b) No person may operate or construct a cable system or any other communications <br />transmission facilities over, on, or under public streets in the City without a franchise granted by the <br />City unless otherwise expressly authorized by law, and no person may be granted a franchise without <br />having entered into a franchise agreement with the City pursuant to this article. <br /> <br />(c) Unless otherwise authorized by law, any franchise granted pursuant to this article is <br />solely for the provision of cable service and shall not be construed to authorize the provision of <br />telephone, non-cable, video or other telecommunications service. However, any person including <br />but not limited to a franchisee shall, unless otherwise prohibited by applicable law, submit an <br />application to the City for the privilege of providing other telecommunications services including, <br />but not limited to telephone service and/or non-cable video programming services. <br /> <br />Sec. 4. <br /> <br />Franchise characteristics. <br /> <br />(a) A franchise authorizes use of City streets for installing cables, wires, lines, optical fiber, <br />underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary and <br />pertinent to operate a cable system within a specified area of the City, but does not expressly or <br />implicitly authorize the franchisee to provide service to, or install cables, wires, lines, underground <br />conduit, or any other equipment or facilities upon private property without owner consent (except <br /> <br />Cable Ordinance <br /> <br />-8- <br />