Ordinance - #16-14 - 12/13/2016 - Laserfiche WebLink

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1.35 "Right-of-Way Ordinance" means any ordinance of the City codifying requirements regarding regulation, management and use of Rights-of-Way in the City, including registration, fees, and permitting requirements. 1.36 "Set Top Box" means an electronic device which converts signals to a frequency • acceptable to the television receiver of a Subscriber, and by an appropriate Channel selector, also permits a Subscriber to view all signals included in the package purchased by the Subscriber. 1.37 "Standard Installation" means any installation to a Qualified Living Unit. 1.38 "State" means the State of Minnesota, its agencies and departments. 1.39 "Subscriber" means any Person who lawfully receives service via the System. In the case of multiple office buildings or multiple dwelling units, the term "Subscriber" means the lessee, tenant or occupant. 1.40 "System Upgrade" means the improvement or enhancement in the technology or service capabilities made by the Grantee to the System as more fully described in this Franchise. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 2.1 Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein and in applicable law. The Grantee shall comply with all provisions of this Franchise and applicable laws, regulations and codes. Failure of the Grantee to construct, operate and maintain a System as described in this Franchise, or to meet obligations and comply with all provisions herein,may be deemed a violation of this Franchise. 2.2 Grant of Nonexclusive Authority. 2.2.1 Subject to the terms of this Franchise, the City hereby grants the Grantee the right to own, construct, operate and maintain a System along the Rights-of-Way. The grant of authority set forth in this Franchise applies only to the Grantee's provision of Cable Service; provided, however, that nothing herein shall limit the Grantee's ability to use the System for other purposes not inconsistent with applicable law or with the provision of Cable Service; and provided further, that any local, State and federal authorizations necessary for the Grantee's use of the System for other purposes are obtained by the Grantee. This Franchise does not confer any rights other than as expressly provided herein, or as provided by federal, State or local law. No privilege or power of eminent domain is bestowed by this Franchise or grant. The System constructed and maintained by Grantee or its agents pursuant to this Franchise shall not interfere with other uses of the Rights-of-Way. The Grantee shall make use of existing poles and other aerial and underground facilities available to the Grantee to the extent it is technically and economically feasible to 6 489232v1 RJV QU2I0-6