§ 6.08.030. Grant of franchise.

A.

Grant of Franchise. Metropolitan Nashville may grant one or more cable television franchises, and each such franchise shall be awarded in accordance with and subject to the provisions of this chapter. This chapter may be amended from time to time, and in no event shall this chapter be considered a contract between Metropolitan Nashville and a franchisee such that Metropolitan Nashville would be prohibited from amending any provision hereof; provided, however, that by entering into any franchise agreement hereunder, a franchisee shall not be deemed to have waived any right it may have to object to or challenge any amendment to this chapter made after the effective date of such franchise agreement on the grounds that such amendment abridges any contractual rights a franchisee may have in its franchise agreement or is otherwise unlawful.

B.

Franchise/Certificate of Franchise Authority Required. No person may construct or operate a cable system without a certificate of franchise authority granted by the state pursuant to T.C.A. § 7-59-301 et seq. or a franchise agreement granted by the metropolitan government.

C.

Council Action Required. All franchises, and all renewals, extensions and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted before the application therefor has been filed with the council through the metropolitan clerk and same shall have been referred by the council to the CATV special committee for its consideration.

1.

No ordinance granting or revoking a franchise shall be passed by the council without a full public proceeding affording due process in which the franchisee's legal, character, financial, technical and other qualifications, and the adequacy and feasibility of its construction arrangements have been reviewed and approved either by the full council or a committee composed of members of the council only. The franchise shall include those provisions of the franchisee's application pursuant to Section 6.08.040 that are finally negotiated and accepted by Metropolitan Nashville and franchisee in writing. Nothing in the franchise shall be deemed to waive the requirements of the various codes and ordinances of Metropolitan Nashville regarding permits, fees to be paid, or manner of construction.

2.

Franchises shall be evidenced by a contract adopted by the council, which contract shall be submitted to the mayor in the manner provided for by the Metropolitan Government Charter.

D.

Length of Franchise. A franchise shall initially be granted for a period as set forth in a franchise agreement; provided, however, that the term of a franchise shall not exceed fifteen years. Notwithstanding the foregoing, a franchisee may apply for renewal or extension pursuant to Section 6.08.040 of this chapter.

E.

Reserved.

F.

Franchisee Subject to Other Laws, Police Power.

1.

A franchisee shall at all times be subject to and shall comply with all applicable federal, state, and local laws. A franchisee shall at all times be subject to all lawful exercise of the police power of Metropolitan Nashville, including all rights Metropolitan Nashville may have under 47 U.S.C. Section 552.

2.

No course of dealing between a franchisee and Metropolitan Nashville, or any delay on the part of Metropolitan Nashville in exercising any rights hereunder, shall operate as a waiver of any such rights of Metropolitan Nashville or acquiescence in the actions of a franchisee in contravention of rights except to the extent expressly waived by Metropolitan Nashville or expressly provided for in a franchise agreement.

3.

Metropolitan Nashville shall have the maximum plenary authority to regulate cable systems, franchisees, and franchises as may now or hereafter be lawfully permissible; except where rights are expressly waived by a franchise agreement, they are reserved, whether expressly enumerated or not.

G.

Modification of Franchise in Event of Conflict. Should the State of Tennessee, FCC rules or federal law require the franchisee to perform or refrain from performing any act, the performance or nonperformance of which is inconsistent with any of the provisions of this chapter or a franchisee's franchise agreement, the franchisee shall so notify the council and the council shall thereupon, if it determines that a material provision of this chapter or the franchise agreement is affected, have the right to modify any such provision herein to such reasonable extent as may be necessary to carry out the full intent and purpose of the franchise agreement and this chapter. Metropolitan Nashville may terminate the franchise in the event Metropolitan Nashville determines that substantial and material compliance with the original proposed terms of the franchise agreement has been frustrated by such state or federal requirements.

H.

Interpretation of Franchise Terms.

1.

Reserved.

2.

The provisions of this chapter and a franchise agreement will be liberally construed in favor of promoting the public interest.

3.

A franchise agreement will be governed by and construed in accordance with the laws of the State of Tennessee and federal law.

I.

Operation of a Cable System Without a Franchise/Certificate of Franchise Authority. Any person who occupies the public rights-of-way for the purpose of operating or constructing a cable system and who does not hold a valid franchise from the metropolitan government or a certificate of franchise authority from the state shall be subject to all provisions of this chapter. In its discretion the metropolitan government at any time may require such person to enter into a franchise agreement within thirty days of receipt of a written notice by the metropolitan government that a franchise agreement is required; require such person to remove its property and restore the area to a condition satisfactory to the metropolitan government within such time period; remove the property itself and restore the area to a satisfactory condition and charge the person the costs therefor; and/or take any other action it is entitled to take under applicable law, including filing for and seeking damages under trespass. In no event shall a franchise be created unless it is issued by action of the metropolitan government or the state and subject to a written franchise agreement or certificate of franchise authority.

J.

Acts at Franchisee's Expense. Any act that a franchisee is or may be required to perform under this chapter, a franchise agreement, or applicable law shall be performed at the franchisee's expense, unless expressly provided to the contrary in this chapter, the franchise agreement, or applicable law.

K.

Reserved.

L.

Exclusive Contracts and Anticompetitive Acts Prohibited.

1.

Except to the extent permitted by subsection (E)(6) of this section, no franchisee shall, as a condition of extending service, require any person to enter into an exclusive contract for the provision of cable service, or demand the exclusive right to serve a person or location.

2.

No franchisee shall engage in acts that have the purpose or effect of unlawfully limiting competition for the provision of cable service or services similar to cable service in Metropolitan Nashville within the meaning of applicable federal or state law.

M.

Reserved.

(Ord. BL2013-396 §§ 2—4, 2013; Ord. 95-1368 § 2 (part), 1995)