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2002-10-23 CC Packet
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2002-10-23 CC Packet
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<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 />Grantee to construct, operate and maintain a System as described in this Franchise, or to <br />meet obligations and comply with all provisions herein, may be deemed a violation of this <br />Franchise. <br /> <br />2.2 Grant of Nonexclusive Authoritv. <br /> <br />2.2.1 Subject to the terms of this Franchise, the City hereby grants the Grantee the right <br />to own, construct, operate and maintain a System in, along, among, upon, across, <br />above, over, or under the Rights-of-Way. The grant of authority set forth in this <br />Franchise applies only to the Grantee's provision of Cable Service; provided, <br />however, that nothing herein shall limit the Grantee's ability to use the S)(stem for <br />other purposes not inconsistent with applicable law or with the provision of Cable <br />Service; and provided further, that any local, State and federal authorizations <br />necessary for the Grantee's use of the System for other purposes are obtained by the <br />Grantee. This Franchise does not confer any rights other than as expressly provided <br />herein, or as provided by federal, State or local law. No privilege or power of <br />eminent domain is bestowed by this Franchise or grant. The System constructed <br />and maintained by Grantee or its agents pursuant to this Franchise shall not <br />interfere with other uses of the Rights-of-Way. The Grantee shall make use of <br />existing poles and other aerial and underground facilities available to the Grantee to <br />the extent it is technically and economically feasible to do so. <br /> <br />2.2.2 Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way shall be <br />used by the Grantee if the City determines that such use is inconsistent with the <br />terms, conditions, or provisions by which such Right-of-Way was created or <br />dedicated, or with the present use of the Right-of-Way. <br /> <br />2.2.3 This Franchise and the right it grants to use and occupy the Rights-of-Way shall not <br />be exclusive and this Franchise does not, explicitly or implicitly, preclude the <br />issuance of other franchises or similar authorizations to operate Cable Systems <br />within the City. Provided, however, that the City shall not authorize or permit itself <br />or another Person or governmental body to construct, operate or maintain a Cable <br />System on material terms and conditions which are, taken as a whole, more <br />favorable or less burdensome than those applied to the Grantee. <br /> <br />2.2.4 This Franchise authorizes only the use of Rights-of- Way for the provision of Cable <br />Service. Therefore, the grant of this Franchise and the payment of franchise fees <br /> <br />7 <br />
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