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Ord. #74, Second Series - Cable Television Franchise Ordinance (Qwest-Century Link)
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Ord. #74, Second Series - Cable Television Franchise Ordinance (Qwest-Century Link)
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2.5.4 In the event any lawfully applicable City ordinance or regulation which addresses <br /> usage of the Rights-of-Way adds to, modifies, amends, or otherwise differently <br /> addresses issues addressed in Section 3 and/or Section 8.5.3 of this Franchise, the <br /> Grantee shall comply with such ordinance or regulation of general applicability, <br /> regardless of which requirement was first adopted; except that the Grantee shall not, <br /> through application of such City ordinance or regulation of Rights-of-Way, be subject <br /> to additional burdens with respect to usage of Rights-of-Way that exceed burdens on <br /> similarly situated Rights-of-Way users. <br /> 2.5.5 In the event the Grantee cannot determine how to comply with any Right-of-Way <br /> requirement of the City, whether pursuant to this Franchise or other requirement, the <br /> Grantee shall immediately provide written notice of such question, including the <br /> Grantee's proposed interpretation, to the City. The City shall provide a written <br /> response within ten (10) business days of receipt indicating how the requirements <br /> cited by the Grantee apply. The Grantee may proceed in accordance with its <br /> proposed interpretation in the event a written response is not received within thirteen <br /> (13)business days of mailing or delivering such written question. <br /> 2.6 Rules of Grantee. <br /> The Grantee shall have the authority to promulgate such rules, regulations, terms and <br /> conditions governing the conduct of its business as shall be reasonably necessary to <br /> enable said Grantee to exercise its rights and perform its obligations under this Franchise <br /> and applicable law, and to assure uninterrupted service to each and all of its Subscribers; <br /> provided that such rules, regulations, terms and conditions shall not be in conflict with <br /> provisions hereto, the rules of the FCC, the laws of the State of Minnesota, the City, or <br /> any other body having lawful jurisdiction. <br /> 2.7 Territorial Area Involved. <br /> This Franchise is granted for the corporate boundaries of the City, as they exist from time <br /> to time. <br /> 2.7.1 Reasonable Build-Out of the Entire City. The Parties recognize that Grantee, or <br /> its affiliate, has constructed a legacy communications system throughout the City that is <br /> capable of providing voice grade service. The Parties further recognize that Grantee or its <br /> affiliate must expend a significant amount of capital to upgrade its existing legacy <br /> communications system and to construct new facilities to make it capable of providing <br /> cable service. Further, there is no promise of revenues from cable service to offset these <br /> capital costs. The Parties agree that the following is a reasonable build-out schedule <br /> taking into consideration Grantee's market success and the requirements of Minnesota <br /> state law. <br /> (i) Complete Equitable Build-Out. Grantee aspires to provide cable service to all <br /> households within the City by the end of the initial term of this Franchise. In <br /> 10 <br />
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