Cable Television Franchise Agreement Page 4
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14SECTION 2: Grant of Authority
2.1.
Pursuant to Section 621(a) of the Cable Act, 47 U.S.C. § 541 (a), and 65 ILCS
5/11-42-11(a) [for counties, “55 ILCS 5/5-1095(a)”] of the Illinois Municipal/Counties Code,
[for Home Rule only, add “the Illinois Constitution,”] and Ordinance No. ______, the
City/County/Village hereby grants to the Grantee a nonexclusive Franchise authorizing the
Grantee to construct and operate a Cable System in the Public Ways within the Franchise Area,
and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in
any Public Way such poles, wires, cables, conductors, ducts, conduits, vaults, manholes,
pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be
necessary or appurtenant to the Cable System, and to provide such services over the Cable
System as may be lawfully allowed.
2.2.
Term of Franchise. The term of the Franchise granted hereunder shall be ______
(__) years from the Effective Date, unless the Franchise is renewed or is lawfully terminated in
accordance with the terms of this Franchise Agreement and/or applicable law. From and after
the Effective Date of this Franchise Agreement, the Parties acknowledge that this Franchise
Agreement is intended to be the sole and exclusive Franchise Agreement between the Parties
pertaining to the Grantee’s Franchise for the provision of Cable Service.
2.3.
Renewal. Any renewal of this Franchise shall be governed by and comply with
the provisions of Section 626 of the Cable Act, as amended, and any applicable State law which
may exist at the time of renewal and which is not superseded by the Cable Act.
2.4.
Police Powers. Nothing in this Franchise Agreement shall be construed as an
abrogation by the City/County/Village of any of its police powers to adopt and enforce generally
applicable ordinances deemed necessary for the health, safety, and welfare of the public, and the
Grantee shall comply with all generally applicable laws and ordinances enacted by the
City/County/Village pursuant to such police power.
2.5
Reservation of Authority.
Nothing in this Franchise Agreement shall (A)
abrogate the right of the City/County/Village to perform any public works or public
improvements of any description, (B) be construed as a waiver of any codes or ordinances of
general applicability promulgated by the City/County/Village, or (C) be construed as a waiver or
release of the rights of the City/County/Village in and to the Public Ways.
2.6
Competitive Equity.
2.6.1. In the event the City/County/Village grants an additional Franchise to use
and occupy any Public Way for the purposes of operating a Cable System, the additional
Franchise shall only be granted in accordance with the Illinois Level Playing Field Statute, 65
ILCS 5/11-42-11 [for Counties, “55 ILCS 5/5-1095”].
2.6.2. In the event an application for a new cable television franchise or other
similar authorization is filed with the City/County/Village proposing to serve the Franchise Area,
in whole or in part, the City/County/Village shall to the extent permitted by law promptly notify
the Grantee, or require the Grantee to be notified, and include a copy of such application.
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