34-4.1. Franchise Required.No person may use the streets of the City to construct, operate, or repair a cable system, and no operator may provide cable service within the City without a Franchise. Any person may apply for a Franchise. An independent contractor does not need a Franchise to install a cable system for a Grantee.

34-4.2. Description of Authorization.Any non-exclusive Franchise granted pursuant to the provisions of this Ordinance shall authorize and permit a Grantee to engage in the business of operating and providing a cable system in the City of Monterey, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, and retain in, on, over, under, upon, across, and along any street or highway, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the cable system; and in addition, so to use, operate, and provide similar facilities or properties rented or leased from a public utility franchised or permitted to do business in the City of Monterey, except that an encroachment permit shall be required for work or encroachment on public property or in the public rights of way. The construction, operation, and repair of the cable system shall be subject to all existing and future ordinances and regulations of the City, including zoning ordinances and ordinances establishing construction standards or procedures for use of the streets.

34-4.3. Duration.Unless a different term is specified in a Grantee’s franchise agreement, a Franchise shall be for eight (8) years. A Franchise does not confer rights other than as provided by this Ordinance and the Franchise Agreement, or as mandated by federal or state law.

34-4.4. Owner Consent Required.A Franchise does not authorize a Grantee to construct, operate, or repair any other type of system, or to provide service to, or install its cable system upon private property without owner consent, or to use publicly or privately owned conduits or poles without a separate agreement with the owners, except that nothing in this section limits any rights the Grantee may have to use compatible easements pursuant to Section 621 of the Cable Act, 47 U.S.C. § 541(a)(2).

34-4.5. Grantee’s Expense.Unless otherwise specifically stated in a Franchise or required by law, all acts which a Grantee is required to perform under the Franchise or applicable law must be performed at the Grantee’s expense.