2.1 Permission Granted.
2.1.1 Subject to all the terms and conditions contained in this franchise, the charter of City and applicable ordinances of City as from time to time in effect, City hereby grants Company permission to erect, construct, install and maintain a Cable System to provide Cable Services in the Authorized Area, to transact a Cable Television Business in such area. Company agrees through the term of this Franchise Agreement (a) to erect, construct, install and maintain such a Cable System, (b) to transact such a Cable Television Business in the Authorized Area, and (c) the City reserves the right to regulate cable modem service in the event the FCC or a court of competent jurisdiction determines that cable modem service is considered to be Cable Service.
2.1.2 The Company is responsible for ensuring that its billing practices and rates comply with federal law and regulation.
2.2 Nonexclusive. This Franchise and all rights granted hereunder are nonexclusive. City reserves the right to grant such other and future franchises as it deems appropriate. This Franchise does not establish any priority for the use of the public right-of-way by Company or by any present or future franchisees or other permit holders. In the event of any dispute as to the priority of use of the public rights-of-way the first priority shall be the public generally, the second priority to City in the performance of its various functions, and thereafter, as between franchisees and other permit holders, as determined by City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the state of Tennessee.
2.3 Compliance with Applicable Law. In constructing, maintaining, and operating the Cable System, Company will act in a good and workmanlike manner, observing high standards of engineering and workmanship and using materials, which are of good and durable quality. Company shall comply in all respects with all applicable codes, including the National Electrical Safety Code (latest edition); National Electric Code; all standards, practices, procedures and the like of the National Cable Television Association; the requirements of other utilities whose poles and conduits it uses; and all applicable Federal, State, and local laws.
2.4 Maintenance and Repair. Company shall keep and maintain a proper and adequate inventory of maintenance and repair parts for the Cable System and a workforce of skilled technicians for its repair and maintenance.
2.5 Easement Usage. To the extent allowed by applicable State and Federal law, this Franchise Agreement authorizes the construction of the Cable System over the Public Ways, and through easements, within the Authorized Area and which have been dedicated for compatible uses, subject to the requirements in the balance of this Section and this Franchise Agreement. In using all easements, Company shall comply with all Federal, State, and local laws and regulations governing the construction, installation, operation, and maintenance of a Cable System. Without limitation, Company shall ensure that:
2.5.1 The safety, functioning and appearance of the property and the convenience and the safety of other persons not be adversely affected by the installation or construction of facilities necessary for the Cable System;
2.5.2 The cost of the installation, construction, operation, or removal of such facilities be borne by Company; and
2.5.3 The owner of the property be justly compensated by Company for any damages caused by the installation, construction, operation, removal of such facilities by Company.
2.6 Other Permits. This Franchise does not relieve Company of the obligation to obtain permits, licenses and other approvals from the City necessary for the construction, repair or maintenance of the Cable System or provision of Cable Services or compliance with other codes; ordinances and permissions, such as compliance with right-of -way permits, building permits and the like.