A. The grantee shall have the right and privilege, subject to the permitting and other lawful requirements of city ordinance, rule or procedure, to construct, erect, and maintain, in, upon, along, across, above, over and under the rights of way in city a cable system and shall have the right and privilege to provide cable service. The system constructed and maintained by grantee or its agents shall not interfere with other uses of the rights of way. Grantee shall make use of existing poles and other above and below facilities available to grantee to the extent it is technically and economically feasible to do so.
B. Notwithstanding the above grant to use rights of way, no right of way shall be used by grantee if city determines that such use is inconsistent with the terms, conditions, or provisions by which such right of way was created or dedicated, or with the present use of the right of way.
C. This franchise shall be nonexclusive, and city reserves the right to grant a use of said rights of way to any person at any time during the period of this franchise for the provision of cable service. The terms and conditions of any such grant of use of the rights of way shall be, when taken as a whole no less burdensome or more beneficial than those imposed upon grantee pursuant to this franchise. (Ord. 827, 8-5-2002, eff. 8-26-2002)