Laserfiche WebLink
<br />DRAFT <br /> <br />1.2.28 "Public Access ChanneJ(s)" means any and all channel capacity on the System set <br />aside by the Grantee for Noncommercial use by the general public, as contemplated <br />by applicable law. <br /> <br />1.2.29 "Rieht-of-Wav" or "Riehts-of-Wav" means the surface, air space above the <br />surface and the area below the surface of any public street, highway, lane, path, <br />alley, sidewalk, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, <br />parkway, skyway, waterway, dock, bulkhead, wharC pier, easement or similar <br />properly or waters within the City owned by or under conlrol of the City, or <br />dedicated lor general public use by the City, including, but not limited to, any <br />riparian right, which, consistent with the purposes l~)[' which it was created, <br />obtained or dedicated. may be used for the purpose of installing. operating and <br />maintaining a System, and any I-Net. No reference herein to a "Right-ol:Way" <br />shall be deemed to be a representation or guarantee by the City that its interest or <br />other right to control ()l' use such property is sullicient to permit its use [()f the <br />purpose of installing, operating and maintaining the System, or any I-Net. <br /> <br />1.2.30 "Ril!ht-of-Wav Ordinance" means any ordinance of the City codifying <br />requirements regarding regulation, management and use of Rights-ol~ Way in the <br />City, including registration, fees, and permitting requirements. <br /> <br />1.2.31 "Standard Installation" means any residential Installation which can be <br />completed using a Drop of 150 fcct or less. <br /> <br />1.2.32 "State" means the State oCMinnesota, its agencies and departments. <br /> <br />1.2.33 "Subscriber" means any Person that lawfully receives service via the System with <br />the Grantee's express permission. In the case of multiple office buildings or <br />multiple dwelling units, the term "Subscriber" means the lessee. tenant or occupant. <br /> <br />1.2.34 "Svstem Construction" means the construction of the System in accordance with <br />Minn. Stat. ~ 238.084, subd, l(m), and any other applicable laws, regulations and/or <br />requirements, as more fully described in Section 4. <br /> <br />SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS <br /> <br />2.1 Grant of Franchise. <br /> <br />This franchise is granted pursuant to the terms and conditions contained herein and in <br />applicable law. The Grantee, the City and the Commission shall comply with all <br />provisions of this Franchise and applicable law, regulations and codes. Failure of the <br /> <br />7 <br /> <br />43 <br />