(A) Grant. Franchising authority hereby grants to grantee a nonexclusive franchise which authorizes grantee to construct and operate a cable system and offer cable service and other service in, along, among, upon, across, above, over, under, or in any manner connected with public ways within the service area and, for that purpose, to erect, install, construct, repair, replace, reconstruct, maintain, or retain in, on, over, under, upon, across, or along any public way and all extensions thereof and additions thereto, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the cable system.
(2.1)
(B) Term. The franchise granted pursuant to this ordinance shall be for an initial term of ten years from the passed and adopted date of the franchise unless otherwise lawfully terminated in accordance with the terms of this ordinance.
(2.2)
(C) Acceptance. Grantee shall accept the franchise granted pursuant hereto by signing this ordinance and filing same with the City Clerk or other appropriate official or agency of franchising authority within 60 days after the passage and final adoption of this ordinance.
(2.3)
(D) Favored nations.
(1) In the event franchising authority enters into, or has entered into, a franchise, permit, license, authorization, or other agreement of any kind with any person other than grantee to enter into franchising authority’s streets and public ways for the purpose of constructing or operating a cable system or providing cable service or video service to any part of the service area, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law.
(2) If another provider of cable services, video services, or other television services utilizing any system or technology requiring use of the rights-of-way in the service area, is lawfully authorized by any governmental entity or otherwise exempt from obtaining a franchise to provide such services, franchising authority hereby agrees that, upon a request from grantee, as a matter of law, grantee’s franchise will be modified within 30 days of the granting of such authorization or exemption for the purpose of establishing the same terms and conditions as such person(s) on a competitively neutral basis.
(2.4)
(E) Change of law. In the event the federal, state, or local law, rules, or regulations are amended, modified, or created that have the effect of modifying the terms and conditions of this franchise during the term or any extension thereof, the grantee has the sole option to terminate this franchise upon 90 days’ notice to the grantor.
(2.5)
(F) Renewal of franchise. By mutual consent, the grantee shall have the option to renew this franchise for an additional period not to exceed ten years. Should grantee desire to exercise this option, it shall so notify the franchising authority in writing, not less than three months prior to expiration of this franchise.
(2.6)
(Prior Code, Appendix C, Article III, § 2) (Ord. 2010-28, passed 9-7-2010)