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1. Franchise non-exclusive. No franchise agreement shall be exclusive. The City reserves the right to grant a similar franchise to any person at any time in accordance with applicable law.

2. Authority granted. Execution of a franchise agreement between the City and an Operator shall grant to the Operator the right and privilege to construct, erect, operate, modify, and maintain in, upon, along, above, over and under the streets, alleys, easements (including all easements occupied by any utility operated by the City or any public easements which are occupied by utilities or other compatible uses), public ways and public places and on all poles or through such conduit as may exist, such towers, antennas, cable, electronic equipment, and other network appurtenances necessary for the operation of the network in the City; provided, however, that the exercise of such right and privilege shall not interfere with the use of such streets by the City and such others as designated by the City to use such streets and public ways, and provided that the exercise of such right and privilege shall not be in conflict with any ordinance, procedure, code or regulation of the City.

3. Consent prior to transfer of franchise. The franchise described herein is a privilege to be held for the benefit of the public. The franchise shall not be sold, transferred, leased, assigned or disposed of, including, but not limited to, by force or voluntary sale, merger, consolidation, receivership, foreclosure or other means without the express written consent of the City Council of the City; provided, however, that denial of such consent shall not be unreasonable, arbitrary or capricious. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Operator in the Franchise or Cable System in order to secure indebtedness. Within thirty (30) days of receiving a request for transfer, the City shall notify the Operator in writing of any additional information it reasonably requires to determine the legal, financial and technical qualifications of the transferee. If the City has not taken action on the Operator’s request for transfer within one hundred twenty (120) days after receiving such request, consent by the City shall be deemed given. In no event shall a transfer of ownership be effective without a successor in interest becoming a signatory to the franchise agreement by providing the City written acceptance of all provisions of this Franchise ordinance in a form acceptable to the City. Failure to provide acceptable written acceptance shall be cause for revocation of the franchise.

4. Mortgage or pledge of network. Nothing in this ordinance shall be deemed to prohibit the mortgage or the pledge of any franchise granted pursuant to this Ordinance, or of the Network or any part thereof or a leasing by the Operator from another person of said Network or part thereof for financing purposes. However, any such mortgage, pledge or lease shall be subject to the rights of the City under this Ordinance and other applicable laws.

5. No right of property. Anything contained herein to the contrary notwithstanding, the award of any franchise shall not impart to any Operator any right of ownership of streets or City-owned property or ownership of easement.

6. Franchise binding. Upon execution of a franchise agreement, this ordinance shall be binding upon the Operator, its successors, lessees or assignees and the City. This ordinance shall be binding upon any entity which is controlled by, or under common control with, the Operator.

7. Compliance with laws, rules and regulations. The Operator, at its expense, shall comply with all laws, orders and regulations of federal, state and municipal authorities and with any direction of any public officer or officers pursuant to law who shall legally impose any regulations, orders or duties upon the Operator.