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(1) This Section applies to any “cable system” which is subject to the Cable Communications Policy Act of 1984, as amended (the “Act”), or to any cable operator not subject to the Act that is providing cable service in competition with a cable system subject to the Act.

(2) Provo City may, by written contract, grant one or more nonexclusive franchises for the operation of cable systems.

(3) Unless the Municipal Council shall otherwise consent by resolution, each contract granting a franchise shall include, but not be limited to, provisions relating to the following:

(a) The term of the franchise;

(b) The franchise fees to be paid by the franchisee;

(c) The rights and limitations on the use by the franchise of City owned or controlled streets, easements or electrical poles;

(d) Public, educational or governmental use, if any, of the franchised system;

(e) A description of the area or customers who are to be served by the franchisee, including obligations, if any, to expand service;

(f) An acknowledgment that the franchisee is and agrees to be subject to the provisions of Subsection (5) of this Section;

(g) Reasonable provisions for periodic financial disclosure by the franchisee.

(4) No franchise contract shall take effect until it has been approved by the Municipal Council.

(5) Any franchise granted pursuant to this Section shall remain subject to the right of the Municipal Council to adopt, from time to time, regulations by the Provo City Code or other ordinance relating to the following:

(a) The commencement, interruption or discontinuation of customer service;

(b) The quality of service received by customers;

(c) Customer billing practices;

(d) The handling of customer complaints.

(6) Except as provided in Chapter 6.22, Provo City Code, it shall be unlawful to operate in Provo City a cable system subject to the Cable Communications Policy Act of 1984, as amended, or provide cable service in competition with a cable system subject to the Act without a franchise from Provo City therefor.

(Am 1986-70, Rep&ReEn 1987-39, Am 1990-42, Am 2002-29)