11A-8-5-2: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:

Every franchise granted pursuant to this chapter shall be subject to the following conditions:

   A.   Any franchise granted hereunder by the city shall authorize a grantee, subject to the provisions herein contained and the provisions of its franchise agreement:

      1.   To engage in the business of operating and maintaining a CATV system to provide and sell cable service or video service to subscribers within the city; and

      2.   For the sole purpose of providing cable service or video service, to erect, install, construct, repair, reconstruct, maintain and retain in, on, over, under, upon, across and along any street, such amplifiers and appliances, lines, cables, fiber, conductors, vaults, manholes, pedestals, attachments, supporting structures, and other property as may be necessary and appurtenant to the cable system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons for the sole purpose of providing cable service or video service, including but not limited to any public utility or other grantee franchised or permitted to do business in the city. No privilege, right of eminent domain or exemption shall be granted or conferred upon a grantee by any franchise, except those specifically prescribed therein, and any use of any street shall be consistent with any prior lawful occupancy of the street or any subsequent improvement or installation therein.

   B.   In accepting a franchise, the grantee acknowledges that its rights are subject to the lawful exercise of the police power of the city to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and it agrees to comply with all applicable general laws enacted by the city pursuant to such power.

   C.   A franchise issued by the city shall be subject to the right of the city to revoke the same for misuse, or failure to comply with any material provisions of this chapter, or any federal, state or local laws, ordinances, rules or regulations, or failure to comply with any material provision of a franchise agreement.

   D.   If a cable franchise terminates, and the franchisee does not have authority independent of that franchise to maintain and operate its system in the city's streets, then, to the extent not inconsistent with 47 U.S.C. § 541(b)(3), the city may order the grantee to remove its facilities from the franchise area within a reasonable period of time as determined by the city. In that case, any property owned by the grantee and not removed from the streets within six (6) months from the date of the city's order shall be considered to have been abandoned by the grantee and will become the property of the city to do with as it may choose. If a grantee fails to remove its facilities as provided in this section, the city may have the removal done at the grantee's expense, and any cost incurred by the city in removing the grantee's facilities from the city's streets or property will be a claim against the grantee.

   E.   The grant of a franchise by the city shall be non-exclusive. It shall not preclude the city from granting other or further franchises or permits, or preclude the city from using any streets or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the city to make such changes, as the city shall deem necessary, including the dedication, establishment, maintenance, and improvement of all new streets and thoroughfares and other public properties.

   F.   The grant of a franchise shall be for a term as provided in the franchise agreement, which shall not exceed ten (10) years.

   G.   Nothing in a franchise agreement shall be deemed to waive the requirements of the various codes, laws, and ordinances of the city regarding permits, zoning, fees to be paid, or right-of-way or street management, or to take the place of any general license or permit required for the privilege of transacting or carrying on a business within the city as required by the ordinances and laws of the city, or for attaching devices to poles or other structures, whether owned by the city or a private entity, or for excavating or performing other work in or along the streets or rights-of-way.

   H.   The city shall have the right, without cost, to make attachments to poles owned and used by the grantee in connection with its fire or police signal systems or other city use, such attachments to be installed and maintained in accordance with the requirements of the national electrical safety code and only after written notice to the grantee; provided however, that the grantee shall assume no liability or expense in connection therewith, and provided further, that the city's use thereof shall be in such a manner as not to interfere with the television operations of the grantee. In case of any emergency or disaster, the grantee shall, upon request of the city council, make available it facilities to the city for emergency use.

   I.   A franchise grated under this chapter shall be a privilege to be held in personal trust by the grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, merger, consolidation, or otherwise, without the prior written consent of the city expressed by a resolution.

   J.   A grantee issued a franchise pursuant to this chapter shall, within thirty (30) days after the passage of an ordinance granting such franchise fill with the city clerk, in writing, duly executed by the proper officials, the following documents:

      1.   The grantee's unconditional acceptance of the franchise;

      2.   The grantee's surety bond as provided in section 6-4-12 of this chapter; and

      3.   Its certificate of insurance as provided in section 6-4-11 of this chapter.

   K.   A grantee issued a franchise under this chapter shall assume and pay all publication costs in connection with the granting of a franchise, as required by Idaho Code § 50-329. A statement for all costs shall be prepared by the city treasurer and presented to the grantee upon the filing of its acceptance of the franchise with the city clerk. (Ord. 676, 9-25-2012)