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SECTION 2. GRANT OF FRANCHISE <br /> Section 2.1 Grant. <br /> a. FiberNet is authorized to erect, construct, operate and maintain in, <br /> along, across, above, over and under the rights-of-way, now in existence and as <br /> may be created or established during the term of this Franchise any poles, wires, <br /> cable, underground conduits, manholes, and other conductors and fixtures <br /> necessary for the maintenance and operation of a Cable System in the City. <br /> Nothing in this Franchise shall be construed to prohibit FiberNet from offering <br /> any service over its Cable System that is not prohibited by federal, state or local <br /> law. <br /> b. This Franchise is granted pursuant to the Cable Ordinance. By <br /> accepting this Franchise, FiberNet agrees to be bound by the terms of the Cable <br /> Ordinance and this Franchise. In the event of any conflict between the <br /> provisions of this Franchise and the Cable Ordinance, the provisions of this <br /> Franchise shall govern. <br /> c. This Franchise shall be nonexclusive and City may grant additional <br /> franchises at any time. The City will not grant an additional franchise on terms <br /> and conditions more favorable or less burdensome than those in this Franchise. <br /> The City may impose additional terms and conditions in any additional franchise. <br /> • d. In the event the City grants an additional franchise that FiberNet <br /> believes is more favorable or less burdensome than in this Franchise, FiberNet <br /> shall have a right to petition for franchise amendments to relieve FiberNet of <br /> provisions making its Franchise less favorable or more burdensome. FiberNet <br /> shall file a petition that: <br /> 1. Identifies the competitor(s); <br /> 2. Identifies the basis for FiberNet's belief that certain <br /> provisions of the additional franchise are more favorable or <br /> less burdensome than its existing Franchise; <br /> 3. Identifies the franchise provisions to be amended. <br /> Section 2.2 Franchise Term. <br /> This Franchise will be in effect for a period of fifteen (15) years from the date of <br /> acceptance by FiberNet, unless sooner renewed or revoked. <br /> Section 2.3 Service Area. <br /> a. This Franchise is granted for the corporate boundaries of the City, as it <br /> exists from time to time, subject to the density requirement of Section 2.3.b <br /> • <br /> City of Monticello Ordinance 514 3 <br />