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MINUTES <br />CITY COUNCIL <br />JULY 8, 1998 <br />abandonment is something that is not in service. Gibbs suggested it would <br />not be difficult to put together a one- sentence definition of the word <br />"abandonment ". Media One would be open to having this definition act as <br />a clarification of the franchise agreement leaving the agreement in tact. <br />Scalze asked if abandonment could be defined in the rights -of -way <br />ordinance. <br />Gibbs indicated that Media One acknowledges its obligation to remove <br />abandoned plant and again noted the bond that will be in place. <br />Fahey suggested that the franchise agreement could be approved subject to <br />the appropriate definition of abandonment and the modification of the <br />rights -of -way ordinance so that it is consistent with the franchise <br />agreement. <br />Gibbs indicated that it would be unlikely that Media One would take a <br />modified franchise agreement back to the member cities for reapproval. <br />Morelan asked what Media One considered abandonment to mean <br />Gibbs replied that abandonment would mean plant that is not in service <br />and is not being used. Gibbs pointed out that the ordinance states that this <br />condition would be present for a period of two years to be considered <br />abandoned. However, he has seen ordinances with time frames as short as <br />six months in other contexts. Gibbs again indicated that Media One does <br />not plan to abandon much plant and that at times it is better to leave this <br />plant in place for safety reasons or disruption concerns. <br />The City Attorney indicated that if the City is concerned about the <br />removal of abandoned plant, the Council could pass a resolution <br />approving the franchise ordinance subject to the clarification and <br />definition of abandonment. This definition could be worked out with Mr. <br />Gibbs as well as Tom Creighton, attorney representing the Cable <br />Commission. The Attorney suggested if plant is not being used for <br />transmission, it could be considered abandoned, and also suggested that <br />two years is a long time. The Attorney suggested that the document <br />defining abandonment should be signed off on by the franchisee. <br />Scalze suggested that ifNSP goes underground, it would seem that Cable <br />TV would go underground as well. <br />Gibbs agreed that ifNSP goes underground, the Cable TV plant would <br />follow. <br />Page 26 <br />