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17.01.105. Grant of franchise

            (1)        Grantor hereby grants to Grantee a nonexclusive Franchise to construct, operate, maintain, and reconstruct, a Cable Communications System within the City.  The Franchise shall constitute both a right and an obligation to provide the services of a Cable Communications System as required by the provisions of this Agreement.

                        (a)        This Franchise is granted under the terms and conditions contained herein and is intended to be consistent with federal laws and regulations and state general laws and regulations.

                        (b)        The Franchise granted is hereby made subject to the general City Code provisions now in effect or hereafter made effective.  Nothing in this Franchise shall be deemed to waive the requirements of the other codes and ordinances of the Grantor regarding permits, fees to be paid, or manner of construction.  The Grantee agrees to abide by any existing or new ordinances or regulations of general applicability to the operation of the Cable System in the City, adopted in the manner provided by law, so long as they do not substantially impair the rights granted pursuant to this Franchise.

                        (c)        Nothing in this Franchise shall be construed to prohibit Grantee from offering services over its Cable System that is not prohibited by federal or state law.

            (2)        Any renewals shall be conducted pursuant to applicable law in effect at that time, which is currently Section 626 of the Cable Communications Policy Act of 1984 and the Cable Television and Consumer Protection and Competition Act of 1992, as amended.

            (3)        The Franchise granted is nonexclusive.  The Grantor specifically reserves the right to grant, at any time, such additional Franchises for a Cable Communications System as it deems appropriate, provided however, that such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to any Grantee.  The material provisions of such additional Franchises shall be comparable to those of the existing Franchises in order that an unfair competitive advantage is not granted to one operator over another.  The City shall not authorize or permit a System to operate within the Franchise area on terms or conditions more favorable or less burdensome to such operator than those applied to the Grantee pursuant to this Franchise.

            (4)        Subject to federal law, no Cable Communications System shall be allowed to occupy or use the streets or operate within the City without being granted a Franchise.

            (5)        Subject to federal law, the City may establish appropriate requirements of new Franchises or Franchise renewals, to reflect the future cable related community needs and interests, taking into account the costs of meeting such needs and interests.

            (6)        The Grantor may grant a Franchise for all or any defined portion of the City, provided that one operator is not granted unfair competitive advantage over another by virtue of having been awarded a Franchise.

            (7)        All new Franchise applications and renewal applications, subject to federal law, when filed shall be available for public inspection at places designated by the Grantor.  Information identified by Grantee or an applicant as "proprietary and confidential" shall not be disclosed by City without Grantee's or the applicant's consent, except to the extent state law or any City ordinance adopted pursuant to state law requires its disclosure.  Subject to federal law, the Grantor may grant or may decline to grant any Franchise.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999

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