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• AN ORDINANCE <br />TO AMEND CHAPTER 5.1 OF THE CODE OF THE <br />CITY OF CHARLOTTESVILLE, 1976 <br />RELATING TO CABLE COMMUNICATIONS SYSTEMS <br />BY AMENDING AND REORDAINING SECTIONS <br />5.1-1, 5.1-6, 5.1-7 AND 5.1-9, REPEALING <br />SECTIONS 5.1-2, 5.1-3, 5.1-4, 5.1-5, <br />AND 5.1-8, AND ADDING NEW SECTIONS <br />NUMBERED 5.1-2.1 AND 5.1-8.1 AND 5.1-9.1 <br />1. BE IT ORDAINED by the Council of the City of Charlottesville, <br />Virginia, that Chapter 5.1 of the Code of the City of <br />Charlottesville, 1976, as amended, is hereby amended by adding <br />sections numbered 5.1-2.1 and 5.1-8.1, and that sections 5.1-1, <br />5.1-6, 5.1-7 and 5.1-9 are amended and reordained, as follows: <br />Section 5.1-1. Franchise requirement. <br />No person shall operate or participate in the operation of a <br />cable communications or GATV system within the City of <br />Charlottesville without first obtaining a franchise issued by the <br />City of Hharletteawille Council. A cable communications <br />or EATV system for the purposes of this section shall not include <br />• a system that serves only subscribers in one or more multiple <br />unit dwellings under common ownership, control or management <br />which does not use City rights-of-way. <br />Section 5.1-2.1. Conditions of access. <br />A. No person who owns or controls any residential multiple <br />unit dwelling trailer park condominium or apartment complex, or <br />subdivision shall interfere with the right of any tenant or <br />lawful resident thereof to receive service from a cable <br />television system lawfully operating within the City, nor demand <br />or accept payment of any fee charge, or thing of value from such <br />a cable system or any tenant or resident in exchange for giving <br />such tenant or resident access to service from such a cable <br />system• nor discriminate in any way against such tenant or <br />resident who requests or receives cable service. It is <br />determined that assuring such access constitutes a public use. <br />B. However an owner of such property may receive just and <br />reasonable compensation for such access. Such compensation shall <br />be based upon evidence of: the diminution of investment -backed <br />expectations• the impairment of the premises' usefulness• the <br />amount of space occupied by the facilities of the System; the <br />prior use if any, of the space• the continued physical <br />availability of space on the premises for installation of <br />alternative modes of television program reception or delivery; <br />• the difference in fair market value of the premises resulting <br />from the installation of System facilities; and other reasonable, <br />nonspeculative factors. Compensation shall not include the hold- <br />