San Jose Municipal Code Part 10 Interim Cable System Franchise

Notwithstanding other provisions of this chapter, on or before December 31, 1997, a cable system franchise applicant may choose to apply for and the city council may grant an interim cable system franchise agreement for the establishment, construction, installation, maintenance or operation of a cable system pursuant to the provisions of this part.

(Ord. 25121.)

The purpose of an interim cable system franchise is to allow an interim cable system franchise applicant an opportunity to receive a similar franchise as that of an incumbent cable system operator for the remaining term of the incumbent operator's franchise agreement. The interim cable system franchise is intended to allow an expedited consideration of the cable system franchise application and negotiation of the cable system franchise agreement.

(Ord. 25121.)

All of the provisions of Parts 1 through 9 of this Chapter 15.28 shall apply to an interim cable system franchise application and agreement, except as specifically and expressly modified by the provisions of this part.

(Ord. 25121.)

The term of an interim cable system franchise agreement shall not exceed the period of time remaining on the franchise agreement of an incumbent cable system provider in the city or five years, whichever is less.

(Ord. 25121.)

A. An interim cable system franchise agreement shall require, without limitation:

1. The grantee of the interim cable system franchise to provide cable service to the same geographical area as an incumbent cable service provider within a reasonable period of time and in a manner that does not discriminate against lower income or minority residents; and

2. The same public, educational and governmental access requirements as are required under a franchise agreement with an incumbent cable system operator.

B. For the purposes of this section, "the same" means comparable after consideration of relevant changes in the physical characteristics, geography, density, and demographics of the franchise area, as well as relevant changes in technology and monetary inflation, and any other relevant changes occurring from the effective date of the franchise agreement of the incumbent cable system provider to the effective date of the interim cable system franchise agreement of the applicant.

(Ord. 25121.)

A cable system operator that is operating pursuant to the terms and conditions of an interim cable system franchise agreement may, at any time beginning with the thirty-sixth month prior to the expiration of the interim cable system franchise agreement, commence a process for the renewal of a cable system franchise in accordance with all applicable laws, rules, regulations, policies and procedures in effect at the time of the renewal.

(Ord. 25121.)