Ordinance 99-66 - Laserfiche WebLink

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for use of compatible easements pursuant to Section 621 of the Communications Act, 47 U.S.C. ~541(a)(2), or to use publicly or privately owned conduits without a separate agreement with the owners. (b) A franchise is nonexclusive, and will not expressly or implicitly preclude the issuance of other franchises to operate cable systems within the City, or affect the City's right to authorize use of City streets to other persons to operate cable systems or for other purposes as it determines appropriate. (c) The City reserves the right to reasonably designate where a franchisee's facilities are to be placed within the streets. (d) A franchise shall be a privilege which is in the public trust. No transfer of a franchise shall occur without the prior consent ofthe City and unless application is made by the franchisee and City approval obtained pursuant to this article and applicable Federal law. (e) A franchise granted to an applicant pursuant to an application submitted pursuant to this article to construct, operate and maintain a cable television system within a specified franchise territory, shall be deemed to constitute both a right and an obligation on the part of the franchisee to provide the services and facilities of a cable television system of the City, as required by the provisions of this article and the franchise. All relevant representations made by the franchisee in its application and/or public hearings before the City Commission shall be deemed to be material and made for the purpose of inducing the City to grant the franchise in the form accepted. (f) Notwithstanding anything to the contrary, in the event that franchisee, its parent, affiliate or subsidiary elects to offer to subscribers video programming services through any means or method not included within the definition of a cable system, including but not limited to an "open video system," franchisee shall remain subject to all terms and conditions of the cable television franchise granted by the City. Sec. 5. Subject to other laws. police power. (a) Any person operating a cable system in the City shall, at all times, be subject to and shall comply with all applicable Federal, State, County and local laws, rules and regulations, and shall at all times be subject to all lawful exercise ofthe police power ofthe City. (b) Subject to applicable law, except as may be specifically provided in this article or under the terms ofa franchise agreement and subject to the Communications Act, the failure of the City, upon one or more occasions, to exercise a right or to require compliance or performance under this article, a franchise agreement or a license granted by the County shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance. Sec. 6. Interpretation of franchise terms: conflicts. Cable Ordinance -9-