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9-1-4: GRANT OF AUTHORITY AND GENERAL PROVISIONS:
9-1-4-1: GRANT OF FRANCHISE:
This franchise is granted pursuant to the terms and conditions contained herein. Failure of grantee to provide a system as described herein, or meet the obligations and comply with all provisions herein, shall be deemed a violation of this franchise. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-4-2: GRANT OF NONEXCLUSIVE AUTHORITY:
   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)
9-1-4-3: LEASE OR ASSIGNMENT PROHIBITED:
No person may lease grantee's system for the purpose of providing cable service until and unless such person shall have first obtained and shall currently hold a valid franchise or other lawful authorization containing substantially similar burdens and obligations to this franchise. Any assignment of rights under this franchise shall be subject to and in accordance with the requirements of section 9-1-11-5 of this chapter. This provision shall not prevent grantee from complying with any commercial leased access requirements or any other provision of applicable laws. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-4-4: FRANCHISE TERM:
This franchise shall be in effect for a period of ten (10) years from the date of acceptance by grantee, unless sooner renewed, revoked or terminated as herein provided. Pursuant to section 9-1-6 of this chapter, grantee has agreed to upgrade the cable system serving the city to 750 MHz capacity on or before May 31, 2003. Section 9-1-6 of this chapter does not mandate that the grantee utilize fiber optics for its distribution system as part of the upgrade. If grantee constructs and activates fiber optics to replace existing trunk facilities within the city serving subscriber nodes of seven hundred fifty (750) or fewer, this franchise shall be automatically extended for an additional five (5) years bringing the total franchise term to fifteen (15) years from date of acceptance. The construction and activation of fiber as outlined above must be completed on or before December 31, 2009. Grantee shall cooperate with any desired verification by the city. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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