§ 25.6. Franchise Term and Non-Exclusivity.  


Latest version.
  • A.

    The term of an original Franchise, to be specified in the Franchise Agreement, may be up to ten (10) years and shall commence on the date the Franchise is approved by City Council; provided, however, the Franchise shall not be effective until the terms hereunder have been accepted by the Grantee in accordance with Section 25.42. The term of a renewed Franchise shall be no more than ten (10) years. In determining the length of the original franchise term, City Council may consider, among other things, what a reasonable period of time would be for the Grantee to become capable of providing Cable Service to the Franchise Area, what a reasonable period of time would be for the Grantee to have a reasonable opportunity to recover its initial investment in the System, and what additional consideration has been provided by the Grantee under the Franchise Agreement.

    B.

    No Franchise granted pursuant to this ordinance shall give any exclusive right to a Grantee and every such Franchise shall be deemed to reserve the right to grant other Franchises to use and occupy the Public Ways of the City for Cable Television or any other purpose on such terms as the City may then deem appropriate.

    C.

    This ordinance, either in whole or in part, shall not be construed as granting or intending to grant to the Grantee a franchise to use the Public Way(s) in the City, or any portion of the Cable Television System therein, for the provision of any service other than Cable Service, including, but not limited to, telecommunications, local telephone exchange, alternative local access, competitive access, toll access or any other service or use not expressly provided for herein.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)