§ 6-1. Unauthorized use of public ways.

(a)

Generally. No person shall, without prior permission from the city council in the form of a franchise, construct, reconstruct, maintain, use or operate any television signal, receiving, amplifying or distributing system for service known as a cable television system in, over, under, along or across present or future streets, highways, alleys, bridges or public ways within the city.

(b)

All multichannel video providers to obtain franchise.

(1)

All multichannel video providers shall obtain a franchise from the city prior to providing service to any resident, business, or person within the city, and shall have a franchise in full force in effect at all times while such service is being provided.

(2)

"Multichannel video provider" means a person or identity who meets one (1) or more of the following tests:

a.

The provider is a cable operator, as such term is defined in Title VI of the Federal Communications Act of 1934, 47 U.S.C. Sections 521 and following, or is otherwise required to obtain a franchise, as such term is defined in such Act.

b.

The provider is an operator of an open video system, as such term is defined in Title VI of the Federal Communications Act of 1934 and implementing regulations.

c.

Any person or entity who provides multichannel video service to a resident, business or person within the city, where such service is transmitted in whole or in part via wires or lines that are in or cross any public rights-of-way within the city. The preceding sentence shall apply whether the provider owns, leases, or otherwise obtains the right to use such wires or lines, including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose. "Multichannel video service" means multiple channels of video programming where the individual video channels are generally considered comparable to programming provided by a television broadcast station or by a direct-to-home satellite service.

d.

A person or entity providing multichannel video service who is otherwise required to obtain a franchise or similar agreement under applicable law.

(Code 1965, § 6-1; Ord. No. 1633, § 2, 8-11-98)