§ 30-32. Authority to grant; terms and conditions of granting.

(a)

The grantor may grant a cable communications franchise for all or any defined portion of the city. The service area shall be the entire area defined in the franchise agreement. The initial service area shall be that portion of the franchise area scheduled to receive initial service, as stated in the franchise agreement.

(b)

If the grantor shall grant to a grantee a nonexclusive, revocable franchise to construct, operate, maintain and reconstruct a cable communications system within the franchise area or a renewal of an existing franchise, the franchise shall constitute both a right and an obligation to provide the services of a cable communications system as required by this chapter and the franchise agreement. The franchise agreement shall include those provisions of the grantee's application for franchise that are finally negotiated and accepted by the grantor and grantee. Any franchise granted under the terms and conditions contained in this article shall be consistent with federal laws and regulations and state general laws and regulations. If a conflict occurs in the terms and conditions of the franchise and the terms and conditions on which the grantor can grant a franchise, the general law or statutory requirements shall, without exception, control. Any franchise granted is made subject to the general ordinance provisions in effect in the proper exercise of the grantor's police power. Nothing in the franchise shall be deemed to waive the requirements of the other codes and ordinances of the grantor regarding permits, fees to be paid or the manner of construction.

(c)

Neither this chapter as a whole, nor any of its parts, portions or terms, shall be construed as granting or intending to grant to a grantee a franchise to use the city's public ways or other public places of the city or any portion of the system for communication services not related to cable television, including, but not limited to, telephone and data communication services, or any other uses not specified herein; but nothing herein shall preclude a grantee from entering into a contract for the use of any portion of the system with any person, firm, partnership or corporation; provided that such person, firm, partnership, or corporation first obtains any required franchise from the city and any required certification from the state.

(Code 1960, § 8A-6(1), (2); Ord. No. 2080, § 2, 2-28-95; Ord. No. 2287, § 1, 10-27-98)