§ 5.36.750. Prerequisites to operating an open video system.
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Prior to operating an Open Video System, an Open Video System Operator shall elect
to either obtain a cable television franchise pursuant to Part 2 above or to comply
with this Part 3. No person or entity shall operate an Open Video System without first (a) submitting
a written notice of its election; (b) complying with Article I above, (c) providing
the City with a copy of its Federal Communications Commission certification as an
Open Video System; and (d) completing negotiations with the City and otherwise complying
with the public, educational and governmental access requirements contained in Section 5.36.755 below. If an Open Video System Operator fails to comply with any federal, state or
City requirement, it shall immediately cease operations until such compliance occurs.
This Part 3 shall not be deemed to authorize an Open Video System Operator to conduct any operations
other than the provision of cable services. If an Open Video System Operator provides
other telecommunications services, those Services shall comply with all applicable
sections of this Code. Constructing or operating an Open Video System shall not be
deemed to give any Open Video System Operator a vested right to continue to maintain
such a system. In the event that federal law ever permits the City to require an Open
Video System Operator to obtain a franchise or license, all Open Video System Operators
shall immediately apply for such a franchise or license from the City.
(Ord. No. 820, § 1, 3-19-02)
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