THE CABLE TELEVISION FRANCHISE

Oklahoma City Municipal Code ch. 11, art. II

in effect

Oklahoma City Municipal Code § 11-13 Franchise required.

§ 11-13. - Franchise required. No person shall construct, install, maintain or operate on or within any public streets or public ways, a cable system unless a franchise authorizing the use of the public streets and public ways has first been obtained pursuant to the provisions of this chapter and thereafter only while said person is legally operating under the terms and provisions of said franchise. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-14 Election and costs.

§ 11-14. - Election and costs. The Cable Act preempts any state or local requirement of a voter-approved cable television franchise. In the event the preemption is eliminated and applicable state or local law requires franchises to be voter-approved, then, in order for a nonexclusive franchise to be granted pursuant to this chapter, an election must be held and a majority of those voting must vote in favor of the granting of such franchise. The entire cost of the election together with all printing and publishing costs relating thereto shall be prepaid by the applicant selected by the Council to be grantee, regardless of whether or not the applicant is granted a franchise by said election. When the actual costs of the election are known, the final payment may be adjusted accordingly. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-15 Term of franchise.

§ 11-15. - Term of franchise. The nonexclusive franchise and the rights, privileges, obligations and authority thereby granted shall take effect and be in force as provided herein within 30 days from and after final passage and publication thereof by the City Council, so long as the requirements of Section 11-20 have been met, and shall continue in full force and effect for a term of not more than 20 years from date of acceptance by franchisee, subject, however, to the right of the City to terminate said franchise as provided herein. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-16 Franchise fee.

§ 11-16. - Franchise fee. (a) Finding. The City has authority to grant a non-exclusive franchise to a cable television operator for the right to use the public streets, and other public ways, for the purpose of maintaining and operating a cable television business within the City. The business of delivering cable services to the residents of the City is a business affected with a public interest. The construction, installation, maintenance and operation of a Cable System involves the occupation of and placement of private commercial facilities in the valuable and scarce public streets and other public ways within the City and which are maintained by the City at a significant cost, and such use is essential to the performance of the general function or purpose of the cable television operator. The City further finds that the grant of a franchise for use of rights-of-way to provide service is a valuable property right without which a grantee would be required to invest substantial capital. (b) A grantee of a franchise hereunder shall pay to the City an annual franchise fee in an amount to be set by the franchise agreement as a percentage of annual gross revenues derived from operation of the cable system by the grantee to provide cable service. Such payment shall be in addition to any other payment, charge, permit fee or bond owed to the City by the grantee and shall not be construed as payment in lieu of personal or real property taxes levied by State, County or local authorities; provided, however, such fee shall include and be in lieu of any fee required by the City for any construction, building, or other permit for use or occupation of, or work in, the streets, except for the inspection fee and service charge levied under Article VII of Chapter 13 of this Code. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-17 Payments to City and audits of payments.

§ 11-17. - Payments to City and audits of payments. (a) The franchise fee shall be paid on a quarterly basis with payments made no later than 45 days following the end of each calendar quarter. Nothing in this section shall be construed to limit any authority of the City to impose any tax, fee or assessment of general applicability. (b) No acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a franchise fee under this chapter or for the performance of any other obligation of the grantee. (c) The City shall have the right to conduct reasonable audits to assure that the annual fee has been properly calculated. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-18 Nature of nonexclusive franchise.

§ 11-18. - Nature of nonexclusive franchise. (a) Franchise nonexclusive. Any franchise granted hereunder shall not be exclusive and the City reserves the right to grant a similar franchise to any other person at any time. (b) Authority granted. Any franchise granted hereunder shall give to the grantee the right and privilege to construct, erect, operate, modify and maintain in, upon, along, above, over and under the public streets and public ways, such facilities necessary for the operation of a cable system in the City. All privileges prescribed by a franchise shall be subordinate to (without limitation) the City's use of the public rights-of-way for purposes that do not directly or indirectly compete with the grantee and to any prior lawful occupancy of the public rights-of-way. A grantee shall at all times be subject to all lawful exercise of the police power and any other lawful authority of the City, including without limitation, all rights the City may have under 47 U.S.C. § 552. (c) Rights, privileges, powers and immunities. Any franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee, or any successor to any interest of the grantee, of, or pertaining to, the construction, operation, or maintenance of any cable system in the City; and the acceptance of any franchise hereunder shall operate, as between the grantee and the City, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the City, to the effect that, as between the grantee and the City, all construction, operation and maintenance by any grantee of any cable television system in the City shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to said franchise, and not under or pursuant to another right, privilege, power, immunity, or authority whatsoever. (d) Privileges must be specified. No privilege or exemption shall be granted or conferred by any franchise granted except those specifically prescribed therein. (e) Privileges subordinated. Any privilege claimed under a franchise by a grantee in any street or other public property shall be subordinate to any prior existing lawful occupancy of the streets or other public property. (f) Franchise held in personal trust. Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, except to an affiliate of a grantee, without prior consent of the Council as provided herein, which consent shall not be unreasonably withheld. (g) Franchise binding. Any franchise granted hereunder shall be binding upon the grantee, and all successors, lessees or assignees as may be approved by the City. (h) Transfer of City's rights, powers or duties. Any right or power in, or duty impressed upon, any officer, employee, department, or board of the City shall be subject to transfer by the City to any other officer, employee, department, or board of the City. (i) Obligations of grantee. Any such franchise granted shall not relieve the grantee of any obligations involved in obtaining pole or conduit space from any department of the City, utility company, or from others maintaining utilities in streets. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-19 Franchise agreement.

§ 11-19. - Franchise agreement. The grantee awarded a franchise shall execute a franchise agreement which shall set forth the terms and provisions of the franchise. No conditions or provisions of a franchise agreement shall conflict with any provisions of this chapter or other law. In case of such conflict or ambiguity between any terms or provisions of the franchise and this chapter, the words of the franchise shall control. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-20 Acceptance and effective date of franchise.

§ 11-20. - Acceptance and effective date of franchise. (a) No franchise granted pursuant to this chapter and passed by the City Council or a vote of the qualified electors, as applicable, shall become effective for any purpose unless and until written acceptance thereof shall have been filed with the City Clerk, duly executed by the proper officers of the grantee. Written acceptance, which shall be in the form and substance approved by the Municipal Counselor, must contain, in addition to any other matters included, the following express representations by the grantee that: (1) it has carefully read the terms and conditions of this chapter and the franchise agreement and accepts all of the terms and conditions imposed by this chapter and the franchise agreement and agrees to abide by same; and (2) it further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions of this chapter and expressly waives any claims that any provisions hereof are unreasonable, arbitrary or void; and (3) by accepting the franchise, it acknowledges that it has not been induced to accept same by any promise, verbal or written, by or on behalf of the City or by any third person regarding any term or condition of this chapter or the franchise agreement not expressed therein. The grantee further pledges that no promise or inducement, oral or written, has been made to any City employee or official regarding receipt of the cable system franchise. (b) The written acceptance shall be filed by the grantee not later than 12:01 p.m. of the 30th day next following the passage of an ordinance approving a Franchise, or if an election was allowed, following the franchise election granting such franchise. In default of the filing of such written acceptance as herein required, the grantee shall be deemed to have rejected and repudiated the franchise and shall be deemed to have forfeited the grantee's proposal bond or certified check in lieu thereof. Thereafter, the acceptance of the grantee shall not be received by the City Clerk. The grantee shall have no rights, remedies, or redress unless and until the Council, by resolution, shall determine that such acceptance be received, and then upon such terms and conditions as the Council may impose. (c) In addition to the written acceptance and within the same 30-day period the grantee shall: (1) file a certificate of insurance as provided herein; and (2) file a performance bond if required by the franchise; and (3) advise the City in writing of the grantee's address for mail and official notifications from the City. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-21 Franchise reviews and modification.

§ 11-21. - Franchise reviews and modification. (a) Upon written notice given by the City or the grantee, one to the other, the terms and conditions of the franchise agreement may be modified, provided that both the City and the grantee are agreeable to such modification. Modifications shall be directed toward effecting alterations in the terms and conditions to reflect those technical, economic, or regulatory changes which have occurred during the interim period. (b) Any changes in the franchise agreement necessitated by modifications to the Federal Communications Commission regulations shall be incorporated into the franchise agreement within the time limit provided for in the rules and regulations of the Federal Communications Commission then in force and effect. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-22 Franchise renewal.

§ 11-22. - Franchise renewal. A franchise granted pursuant to this chapter shall be renewed pursuant to the procedures established by the Cable Act or such other procedure to which the City and a grantee mutually agree. In the event that the City and an existing franchisee cannot agree upon terms for renewal of the franchise agreement, the parties may mutually agree to hold over the current franchise agreement for no more than one year or as otherwise provided for by applicable federal law. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-23 Transfer of franchise.

§ 11-23. - Transfer of franchise. (a) Any franchise granted hereunder shall be a privilege to be held for the benefit of the public. Said franchise cannot in any event be sold, transferred, leased, assigned or disposed of, including but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means without the prior consent of the City, and then only under such conditions as the City may establish. Such consent as required by the City shall, however, not be unreasonably withheld. (b) Nothing in this chapter shall be deemed to prohibit the assignment of the franchise, mortgage or pledge of the network or any part thereof for financing purposes. However, any such assignment, mortgage, pledge or lease shall be subject to the rights of the City under this chapter. (c) Subsection (a) of this section shall not apply to the sale, transfer, or assignment of the franchise or all or part of a cable system to an affiliate of a grantee. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-24 Franchise territory.

§ 11-24. - Franchise territory. Any nonexclusive franchise granted pursuant to this chapter shall designate the area of the City to be served by the grantee throughout the term of the franchise. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-25 Extension of network.

§ 11-25. - Extension of network. (a) After a grantee has substantially completed the construction of its cable system as defined in Section 11-1, it shall continue to extend its cable system so as to provide service to all parts of the franchise territory having a density of at least 40 single-family residential units per cable mile. (b) If a grantee is also operating in another municipality abutting the franchise territory located within the City, and if the density requirements set forth in Subsection (a) above can be met by counting single-family resident units located in both the City franchise territory and in the abutting municipality, then upon request of the City Manager, the grantee will use its best efforts, where economically and technologically feasible, to extend the cable system and service from the abutting municipality into the City franchise territory. (c) If a grantee extends the cable system and service into the City franchise territory from an abutting municipality under Subsection (b) of this section, and if the grantee is technically unable to provide the municipality-specific access channel programming, as required by Section 11-37, the grantee shall be relieved of the obligations of Section 11-37 for the residential units provided service by such extension until such time as the density requirement of Subsection (a) above is met solely by single-family residential units located within the City franchise territory and service is no longer being provided from the abutting municipality. The franchise fees payable by the grantee shall be paid to the municipality in which the subscribers reside. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Oklahoma City Municipal Code § 11-26 Abandonment of service.

§ 11-26. - Abandonment of service. After the grantee has established service pursuant to this chapter in the franchise area, such service shall not be suspended or abandoned in the whole of or any part of the franchise area unless the suspension or abandonment is authorized by the Council, which authorization shall not be unreasonably denied. The Council's failure to act within 90 calendar days of such a request shall be deemed approval. (Ord. No. 24484, § 2, 7-3-12, eff. 8-16-12)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH11BRCATE_ARTIITHCATEFRFetched: 10/28/2026