Grant of Authority to Provide Cable Service.
North Las Vegas Municipal Code § 12.24.060
in effect12.24.060 - Grant of Authority to Provide Cable Service.
A. Grant of Authority. The City may grant one or more cable franchises or cable service permits, and each such grant shall be awarded in accordance with and subject to the provisions of this chapter. This chapter may be amended from time to time, and in no event shall this chapter be considered a contract between the City and a cable company such that the City would be prohibited from amending any provision hereof. A cable company shall retain its right to challenge any future exercise of the City's legislative or police powers as unlawful or substantially inconsistent with the company's rights under its agreement or this chapter.
B. Characteristics of Grant of Authority.
1. A cable franchise authorizes use of rights-of-way for installing and maintaining facilities for the operation of a cable system to provide cable service within a service area and to utilize such system to provide such other services as are allowed by applicable state and federal law and this Code, but does not expressly or implicitly authorize a cable company to provide service to, or install a cable system on, private property, or City property outside the rights-of-way, without owner consent (except for use of compatible easements pursuant to Section 621 of the Cable Act, 47 U.S.C, Section 541(a)(2)), or to use publicly or privately owned conduits without a separate agreement with the owners.
2. A cable service permit authorizes a cable company to provide cable services to subscribers within the City through a system which utilizes rights-of-way under the authority of a franchise granted by the City for purposes other than cable services, or which is owned by another person.
3. A cable franchise or cable service permit shall constitute both a right and an obligation to the City to provide the cable services regulated by the provisions of this chapter and their agreement.
4. A cable franchise or cable service permit is nonexclusive and shall not explicitly or implicitly preclude the issuance of other authorizations to operate cable systems within the City.
5. All privileges prescribed by a cable franchise or cable service permit shall be subordinate to (without limitation) the City's use and any prior lawful occupancy of the rights-of-way.
C. Cable Company Subject to Other Laws, Police Power.
1. A cable company shall at all times be subject to and shall comply with all applicable federal, state and local laws and FCC regulations. A cable company shall at all times be subject to all lawful exercise of the police power of the City, including without limitation all rights the City may have under 47 U.S.C. Section 552. Nothing in this section shall be deemed to waive the requirements of the various codes and ordinances of the City regarding permits, zoning, fees to be paid, or manner of construction, installation, operation, maintenance or repair of system equipment.
2. No course of dealing between a cable company and the City, or any delay on the part of the City in exercising any rights hereunder, or any acquiescence by the City in the actions of a cable company that are in contravention of such rights (except to the extent such rights are expressly waived by the City) shall operate as a waiver of any such rights of the City.
3. The City shall have the maximum authority to regulate cable systems, cable companies, cable franchises and cable service permits as may now or hereafter be lawfully permissible; except where rights are expressly waived by an agreement, they are reserved, whether expressly enumerated or not.
4. The City may, from time to time, issue such reasonable rules and regulations concerning cable systems, cable companies, cable franchises, cable service permits and open video system authorizations as are consistent with applicable law.
D. Interpretation of Cable Franchise or Cable Service Permit Terms. Subject to federal law or regulation, an agreement shall be governed by and construed in accordance with the laws of the State of Nevada.
E. Acts at Cable Company's Expense. Any act that a cable company is or may be required to perform under this chapter, an agreement or applicable law shall be performed at the cable company's expense, unless expressly provided to the contrary in this chapter, the agreement or applicable law.
F. Eminent Domain. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the City's rights of eminent domain to the extent to which they may apply to any public utility or cable system.
(Ord. 1312 § 1 (part), 1999)
Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT12STSIPUPL_CH12.24CACORECO_12.24.060GRAUPRCASEFetched: 11/1/2026
