(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)