A. The franchise authority hereby grants to grantee a nonexclusive franchise to construct and operate a cable system and offer cable service and other services in, along, among, upon, across, above, 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.
B. This franchise does not relieve the grantee of any requirement of the franchise authority pursuant to its lawful police power or of any applicable ordinance the provisions of which are not inconsistent herewith and that do not place an addition material burden on grantee including, but not limited to, any ordinance, rule, regulation, or specification of the franchise authority, including, but not limited to, any requirement relating to street work, street excavation permits, or the use, removal or relocation of property in streets.
C. Any privilege claimed under this franchise by the grantee in any street shall be subordinate to any prior lawful occupancy of the street. The franchise authority reserves the right to reasonably designate where a grantee's facilities are to be placed within the public way.
D. The grantee shall operate and maintain its cable system in full compliance with the standards set forth by the FCC.
E. This franchise shall not relieve the grantee of any obligations involved in obtaining pole or conduit space from any department of the city, utility company, or from others maintaining utilities in public ways.
F. Any privilege claimed under this franchise in any public right of way or other public property shall be subordinate to the public use.
G. The franchise authority reserves the right to join with one or more of the other local area city and/or county governments in the formation and operations of an intergovernmental administrative franchising authority for the purpose of joint administration of this franchise. The grantor reserves the right to assign the administration of the provisions of any franchise granted pursuant to this chapter to such a duly established joint authority, and to join with other members of the authority in developing such intergovernmental agreement bylaws, rules, and regulations as necessary for the proper administration of the joint authority.
H. This franchise shall not become effective for any purpose unless and until written acceptance thereof shall have been filed with the Belgrade city clerk. Written acceptance which shall be in the form and substance approved by the Belgrade city attorney, shall also be and operate as an acceptance of each and every term and condition and limitation contained in this franchise or otherwise specified as herein and therein provided.
I. The written acceptance shall be filed by grantee within forty five (45) days after notifying the franchise authority verbally of acceptance. In the event this day falls on a nonworking day, then the next working day will suffice.
J. In default of the filing of such written acceptance as herein required, the grantee shall be deemed to have rejected and reputed the franchise. Thereafter, the acceptance of the grantee shall not be received or filed by the city of Belgrade clerk. The grantee shall have no rights, remedies, or redress in the premises unless and until the franchise authority, by resolution, shall determine that such acceptance be received or filed, and then upon such terms and conditions as the franchise authority may impose.
K. In the event the franchise authority enters into a franchise, permit, license, authorization, or other agreement of any kind with any other person or entity other than grantee to enter into the service area streets and public ways for the purpose of constructing or operating a cable system or providing cable 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. (Ord. 94-4, 8-1-1994)
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