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It is unlawful to engage in or commence construction, operation, or maintenance of a private service, facility, or system in a City right-of-way without a franchise issued under this chapter or Chapter 5.08 SMC. The City Council may, by ordinance, authorize the issuance of a nonexclusive franchise to construct, operate, and maintain a private service, facility, or system within the City to any person or entity, whether operating under an existing franchise or not, who applies to conduct a system, facility, or service, in a City right-of-way. Any franchise issued under the authority of this chapter shall comply with the terms and conditions of this chapter. The City Council may restrict the number of franchises should it determine such a restriction would be in the public interest.