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MINUTES <br />CITY COUNCIL <br />JULY 8, 1998 <br />Gibbs indicated that if Media One took plant out -of- service and provided <br />the City notice of abandonment, the City could exercise its rights under <br />Section 10 of the franchise agreement to require that plant be removed. <br />Fahey stated that if Media One is representing that they will put their plant <br />underground when other utilities do so, then he was in support of the <br />franchise agreement. Fahey suggested that perhaps the franchise <br />agreement should be clarified to work together with the rights -of -way <br />ordinance including any future amendments that the City might make to <br />the rights -of -way ordinance. <br />Gibbs replied that he believed the City had the authority under its police <br />powers to require the undergrounding of cable plant, but limited to the <br />extent that it doesn't result in more burden on Media One than any other <br />rights -of -way user. Gibbs stated that Media One understands that the <br />franchise agreement and the rights -of -way ordinance must work together <br />so that the combination of the two does not put extra burdens on Media <br />One. Gibbs stated that Media One acicnowledges the City's authority in <br />this regard. <br />The City Administrator agreed that the franchise agreement and rights-of- <br />way ordinance must work together, and further pointed out that the <br />definition of abandonment, i.e. not being used for transmission, needs to <br />be addressed as well. <br />The City Attorney pointed out the question of undergrounding of newly <br />constructed cable TV plant where other utilities are not underground. The <br />Attorney pointed out Section 13, paragraph 3 of the franchise agreement <br />provides for the amendment of the agreement, but suggested the City <br />might want a written document from Media One agreeing to an <br />amendment to the agreement. <br />Scalze asked about the definition of abandonment. <br />The City Attorney stated that he was unable to find a definition of <br />abandonment in the franchise agreement. <br />Morelan asked if this issue has come up in other cities. <br />Gibbs replied that it has not, and suggested that the issue of abandonment <br />was addressed in State Statutes in the early 1980's. Gibbs reported that <br />the franchise agreement has been adopted by 5 or 6 of the member cities <br />as it stands, and that Media One is looking for uniformity in this <br />agreement with the cities. Gibbs indicated that his concept of <br />Page 25 <br />