Legal Basis of Law
A. Title. This chapter shall be referred to as "Nashville-Davidson County Cable Communications Franchise and Regulatory Ordinance."
B. Purpose. The metropolitan county council of Nashville and Davidson County finds that the development of cable television systems has the potential to be of great benefit to the people of Metropolitan Nashville. Cable technology is rapidly changing, and cable plays an essential role as part of Metropolitan Nashville's basic infrastructure. Cable television systems extensively make use of scarce and valuable public rights-of-way, in a manner different from the way in which the general public uses them, and in a manner reserved primarily for those who provide services to the public, such as utility companies. The grant of a franchise has the effect of giving the holder a special privilege that confers significant economic benefits. This creates a need to ensure that the holder of a franchise exercises it in the public trust. The council, therefore, finds that public convenience, safety, and general welfare can best be served by establishing regulatory powers vested in Metropolitan Nashville or such persons as the council so designates to protect the public and to ensure that any franchise granted is operated in the public interest. In light of the foregoing, the following goals, among others, underlie the provisions set forth in this chapter:
1. Cable should be available to as many Metropolitan Nashville residents as possible.
2. A cable system should be capable of accommodating both present and reasonably foreseeable future cable-related needs of the community.
3. A cable system should be constructed and maintained during a franchise term so that changes in technology may be integrated to the maximum extent possible into existing system facilities, taking into account the costs of implementing such changes.
4. A cable system should be responsive to the needs and interests of the local community.
The council intends that all provisions set forth in this chapter be construed to serve the public interest and the foregoing public purposes, and that any franchise issued pursuant to this chapter be construed to include the foregoing findings and public purposes as integral parts thereof. (Code of Ordinance 6.08.010)
(Ord. 95-1368 § 2 (part), 1995)