Sec. 80-34Granting authority

(a) No person shall use or occupy the streets to provide any cable services or operate a cable system or open video system without a franchise granted in accordance with the provisions of this article.

(b) The city council may grant one or more franchises in accordance with this article, provided that the city council reserves the right to modify any provision of this article by amendment hereof.

(c) The grant of any franchise shall be made by adoption of a separate ordinance by the city council and shall be on such terms and conditions as may be specified in such separate ordinance and/or a franchise agreement between the city and the grantee.

(d) Any franchise granted shall be nonexclusive. The city specifically reserves the right to grant, at any time, such additional franchises as it deems appropriate and/or itself engage in the provision of cable services.

(e) A franchise may be granted for all or any defined portion of the city.

(f) The grant of franchises by the city shall be subject to the provisions of applicable law, such as the provisions in the Cable Act, as amended, governing cable television system franchises.

History: (Ord. No. 00-06, § 2.1, 12-5-2000)

State Law reference— Municipal authority to grant franchises to public utilities, O.C.G.A. § 36-34-2(7); limitations on counties with regard to cable televisions systems within municipalities, O.C.G.A. § 36-18-3; exceptions regarding cable television systems owned or operated by local government, O.C.G.A. § 36-18-5; application of federal antitrust law to municipalities providing cable service, O.C.G.A. § 36-90-8.