§ 5.16.320. Scope of franchise.

A franchise granted pursuant to this chapter shall authorize and permit a franchisee to construct, operate and repair a cable system, or an OVS (as applicable) pursuant to the terms of its franchise ordinance and this chapter to provide cable service in the city, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain facilities appurtenant to such system in, on, over, under, upon, across, and along those public rights-of-way that the city may authorize a franchisee to use.

A.

A franchise shall not convey rights other than as expressly specified in this chapter, or in a franchise ordinance.

B.

A franchise shall not include, or be a substitute for:

1.

Any permit, agreement or authorization required commonly of all utilities in connection with construction, operation or repair on or in public rights-of-way or public property;

2.

Any permits or agreements for occupying any other property of the city or private entities to which access is not specifically granted by the franchise.

C.

A franchise does not relieve a franchisee of its duty to comply with all lawful city ordinances, resolutions, written policies, and regulations in effect as of the date on which the franchise becomes effective, and every franchisee must comply with the same. The rights granted under a franchise ordinance are subject to the lawful exercise of police powers the city now has or may later obtain. To the extent legally permitted, the terms of every franchise granted shall be subordinate to all the requirements of the Oakland City Charter as of the date the franchise becomes effective. Nothing herein prevents a franchisee from raising a claim or defense that a particular provision of the City Charter, a city ordinance, resolution, written policy, or regulation is unlawful or is unlawful as applied to the franchisee.

D.

A franchise does not convey title, equitable or legal, in the public rights-of-way or public property. Any right granted to franchisee by a franchise ordinance shall not be subdivided or subleased to any other person or affiliate.

(Ord. 12729 § 1 (part), 2006)