Chapter 5.36



CABLE TELEVISION FRANCHISES

5.36.010 Purpose.
5.36.020 Franchise required.
5.36.030 Certain acts prohibited.
5.36.040 Protection of property permitted.
5.36.050 Risks assumed by franchisee.


5.36.010 Purpose.


A. The council finds that the orderly regulation of cable television within the city will help ensure the most effective distribution of quality cable television service at acceptable rates to the subscribers and reasonable return to the system operators. The council further finds that it is in the substantial interest of public health, safety and general welfare to provide reliable television programs to every person within the city. The council further finds that the city has shadow areas, areas of poor signal quality and limited programming selection which make it of great public necessity to provide television programming by cable.

B. It is the purpose and intent of this chapter to insure insofar as possible the broadest selection of cable television programming, including the vital community services of news, weather, emergency, government and multilingual broadcasts. Further, it is the purpose and intent of this chapter to improve the quality of home education, service and entertainment by providing business, religion, sports and other public service programming, as well as pay television. (Prior code º 9-75)

5.36.020 Franchise required.


No person shall operate or participate in the operation of a cable television system within the city without first obtaining a franchise issued by the city. A cable television system for the purposes of this section shall not include a system that serves only subscribers in one or more multiple-unit dwellings under common ownership, control or management which does not use city rights-of-way. (Prior code º 9-80)

5.36.030 Certain acts prohibited.


A. Neither the owner of any multiple-unit residential dwelling nor the owner's agent or representative shall interfere with the right of any tenant or lawful resident thereof to receive cable television service, cable installation or maintenance from a cable television franchisee regulated by and lawfully operating under a valid and existing cable television franchise issued by the city, except for reasons outlined in Section 5.36.040.

B. Neither the owner of any multiple-unit residential dwelling nor the owner's agent or representative shall ask, demand or receive any payment, service or gratuity in any form as a condition for permitting or cooperating with the installation of cable television service to the dwelling unit occupied by a tenant or resident requesting service.

C. Neither the owner of any multiple-unit residential dwelling nor the owner's agent or representative shall penalize, charge or surcharge a tenant or resident or forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable television service from a franchisee operating under a valid and existing cable television franchise issued by the city.

D. No person shall resell, without the expressed, written consent of both the franchisee and the city, any cable service, program or signal transmitted by a cable television franchisee operating under a franchise issued by the city. (Prior code ºº 9-85-9-87, 9-90) 5.36.040 Protection of property permitted.


Nothing in this chapter shall prohibit a person from requiring that cable television system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning, appearance and value of premises or the convenience and safety of persons and property. (Prior code º 9-95)

5.36.050 Risks assumed by franchisee.


Nothing in this chapter shall prohibit a person from requiring a cable television franchisee from agreeing to indemnify the owner, or the owner's agents or representatives for damages or from liability for damages caused by the installation, operation, maintenance or removal of cable television facilities. (Prior code º 9-100)