(a) required. Other than the , it shall be unlawful for any , unless specifically required by , to construct, install, operate or maintain a or to offer in the , unless such or the for whom such action is being taken shall have first obtained and shall currently hold a valid .
(b) Grant of . The hereby authorizes grantee to occupy or use the city's subject to: 1) the provisions of this non-exclusive to provide within the ; and 2) all applicable provisions of the . Said shall constitute both a right and an obligation to provide as required by the provisions of this . Nothing in this shall be construed to prohibit grantee from: (1) providing services other than to the extent not prohibited by ; or (2) challenging any exercise of the city's legislative or regulatory authority in an appropriate forum. The hereby reserves all of its rights to regulate such other services to the extent not prohibited by and no provision herein shall be construed to limit or give up any right to regulate.
(c) Reservation of authority. The grantee specifically agrees to comply with the lawful provisions of the and applicable regulations of the . Subject to the police power exception below, in the event of a conflict between A) the lawful provisions of the or applicable regulations of the and B) this , the express provisions of this shall govern. Subject to express federal and state preemption, the material terms and conditions contained in this may not be unilaterally altered by the through subsequent amendments to the , ordinances or any regulation of , except in the lawful exercise of city's police power. Grantee acknowledges that the may modify its regulatory policies by lawful exercise of the city's police powers throughout the term of this . Grantee agrees to comply with such lawful modifications to the ; however, grantee reserves all rights it may have to challenge such modifications to the whether arising in contract or at law. The reserves all of its rights and defenses to such challenges whether arising in contract or at law. Nothing in this shall (A) abrogate the right of the to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances of general applicability promulgated by the , or (C) be construed as a waiver or release of the rights of the in and to the .
(d) term. The term of the shall be ten years from the , unless extended by mutual written consent in accordance with § 20.32(g) or terminated sooner in accordance with this .
(e) . This is granted for the defined herein. Grantee shall extend its to provide service to any residential unit in the in accordance with § 20.21(f) herein. This governs any provided by grantee to residential and commercial to grantee's .
(f) nonexclusive. The granted herein shall be nonexclusive. The specifically reserves the right to grant, at any time, such additional for a as it deems appropriate provided, however, such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to grantee other than as described in § 20.32(r). The grant of any additional shall not of itself be deemed to constitute a modification, revocation, or termination of rights previously granted to grantee. Any additional cable grants shall comply with M.S. § 238.08, as it may be amended from time to time, and any other applicable federal level playing field requirements.
(g) Periodic public review of . Within 60 of the third and sixth annual anniversary of the of this , the may conduct a public review of the . The purpose of any such review shall be to ensure, with the benefit of full opportunity for public comment, that the grantee continues to effectively serve the public in the light of new developments in cable law and regulation, cable technology, cable company performance with the requirements of this , local regulatory environment, community needs and interests, and other such factors. Both the and grantee agree to make a full and good faith effort to participate in the review. So long as grantee receives reasonable notice, grantee shall participate in the review process and shall fully cooperate. The review shall not operate to modify or change any provision of this without mutual written consent in accordance with § 20.32(g) of this .
(h) Expiration. Upon expiration of the , the shall have the right at its own election and subject to grantee's rights under § 626 of the to:
(1) Extend the , though nothing in this provision shall be construed to require such extension;
(2) Renew the , in accordance with ;
(3) Invite additional applications or proposals;
(4) Terminate the subject to any rights grantee has under § 626 of the ; or
(5) Take such other action as the deems appropriate.
(i) Right to require removal of property. At the expiration of the term for which the is granted provided no renewal is granted, or upon its forfeiture or revocation as provided for herein, the shall have the right to require grantee to remove at grantee's own expense all or any part of the from all and public ways within the within a reasonable time. If grantee fails to do so, the may perform the work and collect the cost thereof from grantee.
(j) Continuity of service mandatory. It shall be the right of all to receive all available services insofar as their financial and other obligations to grantee are honored. In the event that grantee elects to overbuild, rebuild, modify, or sell the system, or the revokes or fails to renew the , grantee shall make its best effort to ensure that all receive continuous uninterrupted service, regardless of the circumstances, during the lifetime of the . In the event of expiration, purchase, lease-purchase, condemnation, acquisition, taking over or holding of plant and equipment, sale, lease, or other transfer to any other , including any other grantee of a cable communications , the current grantee shall cooperate fully to operate the system in accordance with the terms and conditions of this for a temporary period sufficient in length to maintain continuity of service to all .
(Ord. 2015-7, passed 1-26-2015)