(a) Franchise Grant. There is hereby granted by the City to the Franchisee the right and privilege to construct, erect, operate, and maintain; in, upon, along, across, above, over, and under the Streets and public places now laid out or dedicated, and all extension thereof and additions thereto in the City its poles, wires, cables, underground conduits, manholes, vaults, amplifiers, appliances, pedestals, attachments, and other property and equipment necessary to operate and maintain the System, provided that all applicable permits are applied for and granted and all fees due the City are paid and all other City codes and ordinances are otherwise complied with.
(b) Street Occupancy. The right to use and occupy said Streets for the purposes set forth herein shall not be exclusive in accordance with the 1992 Cable Act, Section 621 (47 USC Section 541) (a) (1). The City reserves the right to grant similar use of said Streets to any Person at any time during the period of this or any subsequent franchise or the renewal thereof.
(c) Approval of Plans. Prior to the commencement of the rebuild of the System, the Franchisee shall file plans with the City and receive approval of such plans from the AUC. Approval shall not be unreasonably withheld and action shall be rendered within thirty (30) days. The completion of construction required by Section 731.13 (b) shall be extended automatically if the AUC has not approved the plans, provided the Franchisee furnishes the information requested by the AUC.
(d) Existing Poles. The Franchisee shall construct and maintain the System so as not to interfere with other uses of the Streets. The Franchisee shall make use of existing poles and facilities available and shall not erect new poles without prior approval of the Service Director.
(e) Notification of Underground Construction. The Franchisee shall notify in writing, to include the telephone number and name of the responsible employee of the Franchisee, all residents affected by proposed underground construction no less than 48 hours prior to the commencement of said construction with a copy of said notice to be provided in a timely manner to Service Director.
(Ord. 2439. Passed 1-2-96.)
(Ord. 2439. Passed 1-2-96.)