Ordinance 2018-530 - Laserfiche WebLink

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without the prior consent of the City and unless application is made by the franchisee and City approval obtained pursuant to this chapter and applicable federal law. E. A franchise granted to an applicant pursuant to an application submitted pursuant to this chapter 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 chapter and the franchise.Aii 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. A certificateholder shall, at all times. comply with the City Code, including the City of Sunny Isles Beach Communications Rights-of-Way Ordinance, Chapter 129. Article III. of the City of Sunny Isles Beach Code of Ordinances. as it may be amended. § 113-7. -Compliance with applicable laws required. Government Channels and Facilities. with all applicable federal, state,county and local laws, rules and regulations,and shall at all times be subject to all lawful exercise of the police power of the City. . . .. • .- - . - . -- • . •- -• . - -- - -- more occasions, to exercise a right or to require compliance or performance under this chapter, 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. (A) A certificate holder, not later than 180 days following a request by the City. shall designate a sufficient amount of capacity on its network to allow the provision of public, educational, and governmental access channels for noncommercial programming as set forth in Section 610.109. Florida Statutes. (b) A certificate holder shall designate a sufficient amount of capacity on its network to allow the provision of the same number of public,educational,and governmental access channels or their functional equivalent that the City had activated under the incumbent cable or video service provider's franchise agreement as of July 1. 2007. For the purposes of this section. a public, educational, or governmental channel is deemed activated if the channel is being used for public. educational• or governmental programming within the City: The City may request additional channels or their functional equivalent permitted under the incumbent cable or