It shall be unlawful for any person to construct, operate or maintain a cable system or provide cable service over a cable system within the city without a franchise granted by the city authorizing such activity; provided that nothing herein shall preclude the city from itself constructing, operating or maintaining a cable system with or without a franchise. No person may be granted a franchise without having entered into a franchise agreement with the city pursuant to this ordinance. For the purpose of this provision, the operation of part or all of a cable system within the city means the use or occupancy of rights-of-way by facilities used to provide cable service. Services similar to cable service, such as open video system service, shall be subject to this ordinance to the extent provided by law. A system shall not be deemed as operating within the city even though service is offered or rendered to one or more subscribers within the city, if no right-of-way is used or occupied. In no event shall a franchise be created unless it is issued by the city pursuant to this ordinance and subject to a written franchise agreement. (Ord. M-3371, 1998)