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7/17/2007 8:44:00 AM
Creation date
12/3/2004 8:45:53 AM
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Roseville City Council
Document Type
Council Ordinances
Ordinance #
1208
Ordinance Title
An ordinance granting a franchise to MediaOne to construct, operate, and maintain a cable communications system in the City of Roseville, setting forth conditions accompanying the grant of the franchise, be adopted and attaching
Ordinance Date Passed
8/10/1998
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<br />d. In the event any City ordinance or regulation which addresses usage of the <br />Rights-of-Way adds to, modifies, amends, or otherwise differently <br />addresses issues addressed in Section 3 and/or Section 8.5 (c) of this <br />Franchise. Grantee shall comply with such ordinance or regularion of <br />general applicability, regardless of which requirement was first adopted <br />except that Grantee shall not, through application of such City ordinance <br />or regulation of Rights-of-Way, be subject to additional burdens with <br />respect to usage of Rights-of-Way which exceed burdens on similarly <br />situated Rights-of-Way users. <br /> <br />e. In the event Grantee cannot determine how to comply with any Right-of- <br />Way requirement of City, whether pursuant to this Franchise or other <br />requirement, Grantee shall immediately provide written notice of such <br />question, including Grantee' s proposed interpretation, to the City with copy <br />to the North Suburban Cable Communications Commission, in accordance <br />with Section 2.9. The City or Commission shall provide a written response <br />within fourteen (14) days of receipt indicating how the requirements cited <br />by Grantee apply. Grantee may proceed in accordance with its proposed <br />interpretation in the event a written response is not received within <br />seventeen (17) days of mailing or delivering such written question. <br /> <br />7. Rules of Grantee. The Grantee shall have the authority to promulgate such rules, <br />regulations, terms and conditions governing the conduct of its business as shall be <br />reasonably necessary to enable said Grantee to exercise its rights and perform its <br />obligations under this Franchise and to assure uninterrupted service to each and all <br />of its Subscribers; provided that such rules, regulations, terms and conditions shall <br />not be in conflict with provisions hereto, the rules of the FCC, the laws of the <br />State of Minnesota, City, or any other body having lawful jurisdiction. <br /> <br />8. Territorial Area Involved. This Franchise is granted for the corporate boundaries <br />of City, as it ~xists from time to time. In the event of annexation by City, or as <br />development occurs, any new territory shall become part of the territory for which <br />this Franchise is granted provided, however, that Grantee shall not be required to <br />extend service beyond its present System boundaries unless there is a minimum of <br />50 homes per cable mile for underground plant and 35 homes per cable mile for <br />overhead plant. Access to cable service shall not be denied to any group of <br />potential residential cable Subscribers because of the income of the residents of the <br />area in which such group resides. Grantee shall be given a reasonable period of <br />time to construct and activate cable plant to service annexed or newly developed <br />areas but in no event not to exceed twelve (12) months from notice thereof by City <br />to Grantee and qualification pursuant to the density requirements of this Subsection <br />8. <br /> <br />9. Written Notice. All notices, reports, or demands required to be given in writing <br />under' this Franchise shall be deemed to be given when delivered personally to any <br /> <br />7 <br />
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