Section 5.35.050 Franchise required.

A. Nonexclusive Franchise. The City is empowered and authorized to issue nonexclusive Franchises governing the installation, construction, and maintenance of systems in the City's rights-of-way, in accordance with the provisions of this Ordinance. The Franchise is granted through a Franchise Agreement entered into between the City and Provider.

B. Every provider must obtain a franchise. Except to the extent preempted by federal or state law, as ultimately interpreted by a court of competent jurisdiction, including any appeals, every provider must obtain a Franchise prior to constructing a Telecommunications System or providing Telecommunications Services using the rights-of-way, and every Provider must obtain a Franchise before constructing an Open Video System or providing Open Video Services via an Open Video System. Any Open Video System or service shall be subject to the customer service and consumer protection provisions applicable to the Cable TV companies to the extent the City is not preempted or permitted as ultimately interpreted by a court of competent jurisdiction, including any appeals. The fact that particular Telecommunications Systems may be used for multiple purposes does not obviate the need to obtain a Franchise for other purposes. By way of illustration and not limitation, a cable operator of a cable system must obtain a cable franchise, and, should it intend to provide Telecommunications Services over the same system, must also obtain a Telecommunications Franchise.

C. Nature of Grant. A franchise shall not convey title, equitable or legal, in the rights-of-way. A Franchise is only the right to occupy rights-of-way on a nonexclusive basis for the limited purposes and for the limited period stated in the Franchise; the right may not be subdivided, assigned, or subleased. A Franchise does not excuse a provider from obtaining appropriate access or pole attachment agreements before collocating its system on the property of others, including the City's property. This Section shall not be construed to prohibit a provider from leasing conduit to another provider, so long as the lessee has obtained a Franchise.