6.22.610 Franchise Agreement; Minimal Requirements.
(1) Subject to applicable federal, state and City law, if the Council/franchising authority awards an applicant a franchise to construct, operate, or maintain a multi-channel system in all, or part, of the City, or approves a proposal for a renewal of a franchise, then within one hundred eighty (180) days, an applicant or a renewal franchised MCS provider and the City shall enter into a franchise agreement which details the rights, duties, responsibilities, and liabilities of both parties.
(2) A newly franchised MCS provider may not lay any cable (coaxial, fiber, or functional equivalent) until the franchise agreement is executed by both the newly franchised MCS provider and the Council/franchising authority.
(3) A franchise agreement shall be in sufficient detail in order to clearly delineate the rights and duties of the franchised MCS provider, and the Council/franchising authority.
(4) At a minimum, a franchise agreement shall contain provisions for the following:
(a) a detailed definition of “annual gross revenues” or “gross revenues” which specifically includes an explanation of what constitutes the revenue base for determining what revenues are subject to any franchise fee or alternative user charge;
(b) the term or duration of the franchise;
(c) indemnity and holds harmless clauses;
(d) insurance;
(e) performance and completion bonds or security deposits;
(f) construction, upgrade or rebuild schedule;
(g) franchise fees;
(h) continuity of multi-channel programming service;
(i) repeal of prior inconsistent franchise agreements; and
(j) a severability clause.