License characteristics

(a)

A license authorizes use of city streets and rights-of-way, for installing, on poles or underground, cables, wires, lines, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary and pertinent to operate a cable system to serve subscribers within the city, but does not expressly or implicitly authorize the licensee to provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities upon private property without owner consent (except for use of compatible easements pursuant to Section 621 of the Cable 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 license is nonexclusive, and shall not expressly or implicitly preclude the issuance of other licenses to operate cable systems within the city, or affect the right of the city to authorize use of city streets to other persons to operate cable systems or for other purposes as it determines appropriate.

(c)

All privileges prescribed by a license shall be subordinate to any prior lawful occupancy of the streets, and the city reserves the right to reasonably designate where a licensee's facilities are to be placed within the streets. Such designation may include, but not be limited to, consideration of the availability of space in the rights of way.

(d)

No transfer of a license shall occur without the prior consent of the city and unless application is made by the licensee, and city approval obtained, pursuant to section 11-24 hereof.

(e)

A license granted to an applicant pursuant to this chapter to construct, operate and maintain a cable system within the city, shall be deemed to constitute both a right and an obligation on the part of the licensee to provide the services and facilities of a cable system as required by the provisions of this chapter and the license agreement. The license agreement shall constitute all of the terms and conditions of the license that are finally negotiated and agreed upon by the city and licensee. Licensee shall be bound by all documents or other portions of an application, including oral representations made by an applicant, or its representatives, before the city commission, which the city relies upon as inducement to granting an initial, renewal, transfer or modification of a license, or taking other action relating to the license, and which are integrated by the city and licensee as an exhibit to the license or amendment thereof.

(f)

Notwithstanding anything to the contrary, in the event that licensee, its parent, affiliate or subsidiary elects to offer to subscribers video programming services through an "open video system", licensee shall remain subject to all terms and conditions of a license granted pursuant to this chapter.

(Ord. No. 11936, § 3, 6-8-00)