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3.16.031. Every provider must obtain

            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.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-62, Enacted, 10/16/1997

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