No person may construct or operate a cable communications system in the city without first obtaining a city franchise; provided that the following shall not be required to obtain a franchise under this article:

    A.    The city of Grass Valley; or

    B.    A UVPP that is only delivering cable service or other communications service (as that term is used in 47 U.S.C. Section 542(h)) to subscribers. (Ord. 645 § 1 (part), 2004)