Chapter 5.18 CABLE SYSTEMS AND OPEN VIDEO SYSTEMS
Section 5.18.440 Transitional provisions.
A. Persons Operating Without a Franchise.
The cable communications system operator of
any facility installed as of the effective date of this article, for which a franchise is required
under this article, shall have three months from the effective date of this article to file one or
more applications for a franchise. Any cable communications system operator timely filing such
an application under this subsection A of this section shall not be subject to a penalty for failure
to have such a franchise so long as such application remains pending; provided, however,
nothing in this chapter shall relieve any cable communications system operator of any liability
for its failure to obtain any permit or other authorization required under other provisions of the
city municipal code, and nothing in this chapter shall prevent the city from requiring removal of
any facilities installed in violation of the city municipal code.
B. Persons Holding Franchises. Any
person holding an existing franchise for a cable
communications system may continue to operate under the existing municipal code provisions to
the conclusion of its present term (but not any renewal or extension thereof) with respect to those
activities expressly authorized by the franchise; and provided further that, such person shall be
subject to the other provisions of this article to the extent permitted by law.
C. Persons with Pending Applications.
Pending applications shall be subject to this article. A
person with a pending application shall have thirty days from the effective date of this article to
submit additional information to comply with the requirements of this article governing
applications. (Ord. 645 § 1 (part), 2004)