Title 10 Regulation of Activities
Chapter 10.27A Cable Communications Code
Article I. General
Section 10.27A.110 General Franchise Characteristics
Any franchise issued pursuant to the provisions of this chapter shall be deemed to:
authorize use of the public rights-of-way for installing cables, wires, lines and other facilities in order to operate a cable system, but shall neither expressly or impliedly be deemed to authorize a franchisee to provide service to, or install cables, wires, lines or any other equipment or facilities upon, private property without the owner’s consent, or to utilize publicly or privately owned utility poles or conduits without a separa te agreement with the owners thereof; provided no grant of use by the City shall be interpreted inconsistent with the City Charter or extend permission or use outside a purpose, dedication or reservation granted to or held by the City; provided further, nothing herein shall prohibit a franchisee from exercising its rights under 47 U.S.C. section 541 [See SMC 10.27A.620(A) noting other independent bodies, whose concurrence may be necessary as to particular areas];
be nonexclusive, and shall neither expressly nor impliedly be deemed to preclude the issuance of subsequent franchises to operate one or more other cable systems within the City or the ownership or operation of a cable system by the City; and
convey no property right to a franchisee or right to renewal, except as otherwise provided by applicable law.
Date Passed: Monday, June 4, 2007
Effective Date: Wednesday, July 11, 2007
ORD C34041 Section 1 (Recodification)
