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t. "Right -of --Way" or "Rights -of -Way" means the area on, below, or above a public <br />roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government <br />unit has an interest, including other dedicated rights-of-way for travel purposes and utility <br />easements of local government units. <br />u. "Right -of -Way Ordinance" means an ordinance of general applicability adopted and <br />uniformly applied as to similarly situated ROW occupants by the City establishing requirements <br />regarding regulation, management and use of Rights -of -Way, including registration and permitting <br />requirements. <br />v. "Standard Installation" means any residential installation that can be completed using a <br />Drop of 125 feet or less. <br />w. "Subscriber" means any Person who lawfully receives Cable Service via a System. <br />x. "Telecommunications Services" shall have the meaning ascribed in 47 U.S.C. § 153(46). <br />SECTION 4. FRANCHISES <br />Section 4.1 Generally <br />a. No Person may construct, operate, or maintain a Cable System or provide Cable Service <br />in the City unless and until such Person is granted a Franchise. All Franchises must be granted <br />pursuant to the provisions of this Cable Ordinance. Notwithstanding any provision to the <br />contrary, any Franchises and this Cable Ordinance shall at all times be subject to, and without <br />waiving, applicable law. <br />b. Any Franchise granted hereunder will authorize a Grantee to deliver Cable Service and <br />construct, operate and maintain a Cable System in the Rights -of -Way in the City. <br />c. All Franchises shall be nonexclusive and City may grant additional Franchises at any <br />time. The City will not grant an additional Franchise on terms and conditions more favorable or <br />less burdensome than those in an existing Franchise. The City may impose additional terms and <br />conditions in any additional Franchise. <br />d. The City shall comply with Section 14.4 of this Cable Ordinance in the event an <br />additional provider is legally authorized to provide Cable Service. <br />e. This Cable Ordinance and Franchises granted pursuant hereto are intended to comply <br />with Minnesota Statutes Chapter 238. Any applicable requirement established by Minn. Stat. <br />238.084 not expressly incorporated in this Cable Ordinance or a Franchise shall be deemed <br />incorporated by reference in the Franchise as though fully set forth therein. <br />RJV-247390v5 3 <br />SH255-1 <br />