§ 71-33. Establishment of requirements.

The city may establish appropriate requirements for new franchises or franchise renewals and may modify these requirements from time to time to reflect changing conditions and the state of the art in the cable industry. To the extent permitted by law and required in furtherance of the city's police power, such requirements shall be retroactive to franchises then in effect and shall, in any event, become applicable when the franchise is renewed. Prior to granting any franchise, the city shall duly consider:

(1)

The economic impact upon private property within the franchise area;

(2)

The public need for such franchise, if any;

(3)

The capacity of public rights-of-way to accommodate the cable system;

(4)

The present and future use of the public rights-of-way to be used by the cable system;

(5)

The potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public;

(6)

The financial ability of the grantee to perform; and

(7)

Other societal interests as are generally considered in cable television franchising.

(Ord. No. 02-03, Art. II(3), 2-28-02)