2007-49 AMENDING CHAPTER 42 OF THE CITY CODE

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Public Right-of-Way means any municipal street, alley, wa er or public right-of-way dedicated or commonly used for utility purposes, including ut'lity easements wherein the City has acquired the right and authority to locate or pe it the location of utilities consistent with a Provider's facilities. "Public Right-of-Way' shall not include any real or personal City property that is not specifically described in he previous sentence, and shall not include City buildings, or other structures or im rovements, regardless of whether they are situated in the public right-of-way. Service means either a Cable Service or Competitive Video Sexvice. 3. GRANT OF AUTHORITY A. In accordance with Chapter 37 of the Municipal Code and pon executing a Franchise Agreement, a Cable Operator is authorized to occupy or use the Publi Right-of-Ways within the geographical boundaries of the Municipality to construct, operate, m intain, repair, and upgrade existing facilities and install new facilities for the purpose of provi ing Cable Service for the citizens of the Municipality. The Cable Operator may enter private roperty only as perniitted by the owner of such private property for the purpose of constructi g, operating, maintaining, repairing, and upgrading facilities. B. In accordance with Chapter 37 of the Municipal Co e and upon executing a Competitive Video Service Agreement, a Competitive Video Servic Provider is authorized to occupy or use the Public Right-of-Ways within the geographical bou daries of the Municipality to construct, operate, maintain, repair, and upgrade existing facilities d install new facilities for the purpose of providing Competitive Video Service within the geo aphical boundaries of the Municipality. Additionally, the Competitive Video Service Provider ay enter private property only as permitted by the owner of such private property for the purpose of constructing, operating, maintaining, repairing, and upgrading facilities. C. A Provider must comply with state and federal law a d agree in its respective Franchise Agreement or Competitive Video Service Agreement to c mply with any applicable requirements set forth in Chapter 37 of the Municipal Code. To the e tent the provisions of this Chapter 42 conflict with any of the other provisions of Chapter 37, th provisions of this Chapter 42 shall control. 4. LEVEL PLAYING FIELD. Any incumbent Cable Operat r providing Cable Service in the Municipality on the effective date of this Ordinance may i mediately opt out of its existing Franchise Agreement with the Municipality and enter in o a Franchise Agreement under Section 3 A. 5