Franchise required; term; acceptance; nonexclusive rights; applicability of state law.
Charlotte City Code § 6-53
in effectSec. 6-53. - Franchise required; term; acceptance; nonexclusive rights; applicability of state law.
(a) Required. No cable communications system shall be allowed to occupy or use the city streets or be allowed to operate without a franchise.
(b) Term. The term of any franchise granted pursuant to this article shall be 15 years, unless otherwise stated in the franchise agreement.
(c) Acceptance. Acceptance of the franchise shall be in accordance with the following:
(1) Following approval by the city, any franchise granted pursuant to this article, and the rights, privileges and authority granted thereunder, shall take effect and be in force from and after the date on which the grantee accepts, signs and affixes its corporate seal to the franchise agreement.
(2) By accepting the franchise, the grantee agrees to be bound by all the terms and conditions contained in this article and the franchise. The grantee also agrees to provide all services specifically set forth in its application to provide cable television service within the confines of the city, and by its acceptance of the franchise the grantee specifically acknowledges and agrees that its application is thereby attached and incorporated by reference and made a part of the franchise.
(3) By accepting the franchise, the grantee acknowledges that it does so relying upon its own investigation and understanding of the power and authority of the city in connection with the system and the franchise.
(4) By accepting the franchise, the grantee acknowledges that it has not been induced to enter into the franchise by any understanding or promise or other statement not expressed therein, whether oral or written, concerning any term or condition of the franchise, regardless of whether such statement was made by or on behalf of the city.
(5) By accepting the franchise, the grantee acknowledges that it has carefully read the terms and conditions of the franchise agreement.
(d) Nonexclusive rights. Any franchise granted under this article shall be nonexclusive. The city specifically reserves the right to grant at any time such additional franchises containing substantially equivalent standards, terms and conditions to those previously granted under this article for a cable communications system as it deems appropriate.
(e) Time is of the essence. Whenever the franchise agreement shall set forth any time for an act to be performed by or on behalf of either party, such time shall be deemed of the essence, and any failure of the party to perform within the time allotted shall always be sufficient grounds for the other party to invoke an appropriate penalty.
(f) Applicability of state law. In any controversy or dispute under this article, the law of the state shall apply to the extent such law has not been superseded or preempted.
(Code 1985, § 6-57; Ord. No. 8194, § 1, 12-19-2016; Ord. No. 8195, § 1, 12-21-2016)
Source: City of Charlotte, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/charlotte/codes/code_of_ordinances?nodeId=PTIICOOR_CH6BUTR_ARTIICACO_DIV2GRFR_S6-53FRRETEACNORIAPSTLAFetched: 10/27/2026