NS-2774 - Laserfiche WebLink

Home Browse Search

multichannel video programming distributor or video provider may obtain from the telecommunications service provider or other public utility, by lease, license, or similar contractual arrangement, the right to use those wires or lines in order to provide cable service, including video programming, to subscribers or customers within the multi-family dwelling complexes and congregate-living complexes referenced above. The city council further finds and determines that these contractual arrangements for signal transmission facilitate the provision of cable service, including video programming, and create a nexus between that cable service and the use of the streets and public ways of the city. Consequently, to the maximum extent authorized under California law, it is the intent of the city council to subject multi-channel video programming distributors and video providers that intend to use this signal-transmission methodology to the franchise requirements set forth in this division 2, subject to such waivers and modifications of those requirements as may, in the discretion of the city council or its designee, be warranted in view of the limited geographic area that is proposed to be served. (c) Term of the franchise. (1) A franchise granted under this division 2 will be for the term specified in the franchise agreement, commencing upon the effective date of the ordinance adopted by the city council that authorizes the franchise. (2) A franchise granted under this division 2 may be renewed upon application by the grantee in accordance with the then-applicable provisions of state and federal law and of this division 2. (d) Franchise service area. A franchise is effective within the territorial limits of the city, and within any area added to the city during the term of the franchise, unless otherwise specified in the article granting the franchise or in the franchise agreement. (e) Federal or state jurisdiction. This division 2 will be construed in a manner consistent with all applicable federal and state laws, and it applies to all franchises granted or renewed after the effective date of this article, to the extent authorized by applicable law. (f) Franchise non-transferable (1) Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior written consent of the city council and then only upon such terms and conditions as may be prescribed by the city council, which consent may not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign, or otherwise dispose of the franchise without the written consent of the city council is null and void. The granting of a security interest in any assets of Ordinance No. NS-2774 Page 3 of 9