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FULL PACKET_2008-09-02
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FULL PACKET_2008-09-02
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from the telecommunications service provider or other public utility, by <br />lease, license, or similar contractual arrangement, the right to use those <br />wires or lines in order to provide cable service, including video <br />programming, to subscribers or customers within the multi-family dwelling <br />complexes and congregate-living complexes referenced above. The city <br />council further finds and determines that these contractual arrangements <br />for signal transmission facilitate the provision of cable service, including <br />video programming, and create a nexus between that cable service and <br />the use of the streets and public ways of the city. Consequently, to the <br />maximum extent authorized under California law, it is the intent of the city <br />council to subject multi-channel video programming distributors and video <br />providers that intend to use this signal-transmission methodology to the <br />franchise requirements set forth in this division 2, subject to such waivers <br />and modifications of those requirements as may, in the discretion of the <br />city council or its designee, be warranted in view of the limited geographic <br />area that is proposed to be served. <br />(c) Term of the franchise. <br />(1) A franchise granted under this division 2 will be for the term specified in <br />the franchise agreement, commencing upon the effective date of the <br />ordinance adopted by the city council that authorizes the franchise. <br />(2) A franchise granted under this division 2 may be renewed upon <br />application by the grantee in accordance with the then-applicable <br />provisions of state and federal law and of this division 2. <br />(d) Franchise service area. A franchise is effective within the territorial limits <br />of the city, and within any area added to the city during the term of the franchise, unless <br />otherwise specified in the article granting the franchise or in the franchise agreement. <br />(e) Federal or state jurisdiction. This division 2 will be construed in a manner <br />consistent with all applicable federal and state laws, and it applies to all franchises <br />granted or renewed after the effective date of this article, to the extent authorized by <br />applicable law. <br />(f) Franchise non-transferable. <br />(1) Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in <br />whole or in part, either by forced or involuntary sale, or by ordinary sale, <br />contract, consolidation, or otherwise, the franchise or any of the rights or <br />privileges therein granted, without the prior written consent of the city <br />council and then only upon such terms and conditions as may be <br />prescribed by the city council, which consent may not be unreasonably <br />denied or delayed. Any attempt to sell, transfer, lease, assign, or <br />otherwise dispose of the franchise without the written consent of the city <br />council is null and void. The granting of a security interest in any assets of <br />the grantee, or any mortgage or other hypothecation, will not be deemed a <br />11 ~-3 <br />
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