13.10.030 State franchise required.
A. No person may construct, operate, maintain or repair a cable system or video service provider’s network in the town without first obtaining a state franchise therefor.
B. A state franchise shall not convey rights other than as specified in this chapter or in DIVCA or other applicable law; no rights shall pass by implication.
C. Except as otherwise provided by DIVCA, a state franchise shall not include, or be a substitute for:
1. Compliance with generally applicable requirements for the privilege of transacting and carrying on a business within the town, including, but not limited to, compliance with the conditions that the town may establish before facilities may be constructed for, or providing nonvideo services;
2. Any permit or authorization, other than a state franchise, required in connection with operations on or in public rights-of-way or public property, including, but not limited to, encroachment permits, pole attachment permits and street cut permits; and
3. Any permit, agreement or authorization for occupying any other property of the town or private persons to which access is not specifically granted by the state franchise.
D. Except as otherwise provided in DIVCA, a state franchise shall not relieve a franchisee of its duty to comply with all laws, including laws of the town, and every state franchisee shall comply with the same. The town reserves its rights to the lawful exercise of police and other powers the town now has or may later obtain.
E. The town reserves the right to construct, operate, maintain or repair its own cable system or video service provider network. (Ord. 569 § 7 (part), 2007)