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ORD 05-001
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ORD 05-001
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Last modified
12/3/2007 3:37:22 PM
Creation date
1/4/2005 2:26:18 PM
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City Government
type
RES
date
1/3/2005
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<br />local government unit has an interest, including other dedicated rights-of-way for travel <br />purposes and utility easements of local government units. Right-of-Way does not <br />include the airwaves above a Right-of-Way with regard to wireless or other nonwire <br />telecommunications or broadcast service. <br /> <br />u. "Right-of-Wav Ordinance" means an ordinance of general applicability <br />adopted by the City establishing requirements regarding regulation, management and <br />use of Rights-of-Way, including registration and permitting requirements. <br /> <br />v. "Standard Installation" means any residential installation that can be <br />completed using a Drop of 150 feet or less. <br /> <br />w. "Subscriber" means any Person who lawfully receives Cable Service via a <br />System. <br /> <br />x. "Telecommunications Services" shall have the meaning ascribed in 47 U.S.C. <br />9 153(46). <br /> <br />y. "Terminal Device" means an electronic device that converts signals to a form <br />accessible by the Subscriber. <br /> <br />SECTION 4. FRANCHISES <br /> <br />Section 4.1 Generally <br /> <br />a. No Person may construct, operate, or maintain a Cable System or provide <br />Cable Service in the City unless and until such Person is granted a Franchise. All <br />Franchises must be granted pursuant to the provisions of this Cable Ordinance. <br /> <br />b. Any Franchise granted hereunder will authorize a Grantee to deliver Cable <br />Service and construct, operate and maintain a Cable System in the Rights-of-Way in <br />the City. <br /> <br />c. All Franchises shall be nonexclusive and City may grant additional <br />Franchises at any time. The City will not grant an additional Franchise on terms and <br />conditions more favorable or less burdensome than those in an existing Franchise. The <br />City may impose additional terms and conditions in any additional Franchise. <br /> <br />d. In the event the City grants an additional Franchise that a Grantee believes is <br />more favorable or less burdensome than its existing Franchise, the Grantee shall have <br />a right to petition for Franchise amendments to relieve the Grantee of provisions making <br />its Franchise less favorable or more burdensome. The Grantee shall file a petition that: <br /> <br />1. <br /> <br />Identifies the competitor( s); <br /> <br />2. <br /> <br />Identifies the basis for Grantee's belief that certain provisions of the <br />additional Franchise are more favorable or less burdensome than <br />its existing Franchise; <br /> <br />RJV-25720Ivl <br />SH255-1 <br /> <br />3 <br />
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