Lafayette Municipal Code Ch. 7-5 Cable Television

In this chapter unless the context otherwise requires:

(a) "Agreement" means a contractual agreement containing the provisions of the franchise granted, including referenced specifications, franchise applications, franchise requirements, ordinances and other related materials.

(b) "Cable television system," also referred to as "system" or "cable system," means a facility consisting of transmission paths and associated signal generation, reception and control equipment designed to provide cable service and includes video programming provided to multiple subscribers within a community. The term does not include:

(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;

(2) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way;

(3) A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or

(4) Any facilities of any electric utility used solely for operating its electric utility systems.

(c) "Franchise" means the authority granted by this chapter to the grantee to construct, maintain and operate a cable system in the city.

(d) "Franchise area" means the area served by the grantee and includes all of the territory within the geographic boundaries of the city as defined in the agreement subject to any line extension policies set forth in the agreement.

(e) "Grantee" is a "person" receiving a franchise and its lawful successor, transferee or assignee.

(f) "Grantor" is the city.

(Ord. 383 § 1 (part), 1991)

No cable system shall be allowed to occupy or use the streets within the limits of the city or in any franchise area within the city or be allowed to operate without a franchise in accordance with the provisions of this chapter and the agreement.

(Ord. 383 § 1 (part), 1991)

(a) Grantor may grant one or more revocable franchises to construct, operate, maintain and reconstruct a cable system within the city. Any franchise granted shall be nonexclusive. A franchise constitutes both a right and an obligation to provide a cable system as required by the provisions of the agreement required by Section 7-505.

(b) Any franchise granted shall be consistent with federal laws and regulations and state general laws and regulations.

(c) Any franchise granted is subject to the provisions of the city's municipal code now in effect or hereinafter made effective. Nothing in the franchise shall be deemed to constitute a waiver or exception to the provisions of the city's municipal code regarding permits, fees to be paid or manner of construction.

(Ord. 383 § 1 (part), 1991)

(a) This chapter shall apply to all franchises and franchise renewals granted or renewed after the effective date of this chapter. It shall further apply to the extent permitted by applicable federal and state law to all existing franchises granted or renewed prior to the effective date of the ordinance codified in this chapter.

(b) Grantor may establish appropriate requirements for new franchises or franchise renewals, and may modify these requirements from time to time to reflect changing conditions and the state of the art in the cable television industry. Such requirements shall not be retroactive to franchises then in effect, except for franchise obligations which are subject to periodic review as provided in the agreement.

(Ord. 383 § 1 (part), 1991)

The terms, conditions, procedures, rights and obligations of the franchise, not inconsistent with this chapter, shall be specified in a franchise agreement between the grantor and the grantee.

(Ord. 383 § 1 (part), 1991)

The term of a franchise and all attendant rights, privileges, obligations and restrictions shall be as provided in the franchise agreement.

(Ord. 383 § 1 (part), 1991)

For either an initial franchise grant, a franchise renewal or a franchise transfer, grantee shall reimburse grantor, within 60 days of receipt of an itemization of costs from grantor, for grantor's reasonable out-of-pocket processing costs, including but not limited to consultant and special legal costs.

(Ord. 383 § 1 (part), 1991)

For the purpose of operating and maintaining a cable television system in the franchise area, the grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the public right-of-way and public utility easements within the franchise area such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operations of the cable system. Grantee shall comply with all applicable grantor construction codes and procedures.

(Ord. 383 § 1 (part), 1991)

(a) Nothing in the agreement shall abrogate the right of grantor to perform any public work or public improvement of any description, including, without limitation, all work authorized by applicable law. In the event that the system interferes with the construction, operation, maintenance, or repair of any such public work or improvement, the grantee, after reasonable notice from grantor, shall, at its own cost and expense, promptly protect, alter, or relocate the system, or any part thereof, as directed by grantor.

(b) In the event that the grantee refuses or neglects to so protect, alter or relocate all or any part of the system, grantor shall have the right in connection with the performance of such public work or public improvement to break through, remove, alter or relocate all or any part of the system without any liability to the grantee except for grantor's wilful misconduct and the grantee shall promptly pay to grantor the costs incurred by such breaking through, removal, alteration or relocation.

(Ord. 383 § 1 (part), 1991)

(a) No franchise granted by this chapter may be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise without the prior consent of the city council expressed by resolution. In the event that grantee is a corporation, such prior approval of the city council shall be required where there is an actual change in control. The word "control" as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised.

(b) The grantee shall promptly notify grantor of any proposed change in, or transfer of, or acquisition of control of the grantee and shall make the franchise subject to cancellation unless the until the grantor shall have consented thereto, which consent shall not be unreasonably withheld.

(c) In seeking grantor's consent to any change in ownership or control the grantee shall be required to show to the satisfaction of grantor that the proposed transferee is legally, technically and financially qualified to maintain and operate the cable system for the remaining term of the franchise under the existing franchise terms.

(Ord. 383 § 1 (part), 1991)

Grantee shall have no recourse whatsoever against grantor for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or the enforcement thereof.

(Ord. 383 § 1 (part), 1991)

If any area of regulatory authority is preempted from local regulation by federal or state law, and such preemption later ceases, grantor reserves the right to resume local regulation to the extent permitted, provided that such regulation shall not conflict with the express terms and conditions of any existing franchise agreement, nor impose additional material financial burden upon grantee.

(Ord. 383 § 1 (part), 1991)