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08-249 Cable Franchise Agreement
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08-249 Cable Franchise Agreement
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5/19/2026 12:31:48 PM
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8/25/2022 1:43:14 PM
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47 <br />17.17 No Waiver. All rights and remedies given to the City by this Franchise or retained by the <br />City herein shall be in addition to and cumulative with any and all other rights and remedies, <br />existing or implied, now or hereafter available to the City, at law or in equity, and such rights and <br />remedies shall not be exclusive, but each and every right and remedy specifically given by this <br />Franchise or otherwise existing or given may be exercised from time to time and as often and in <br />such order as may be deemed expedient by the City and the exercise of one or more rights or <br />remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any <br />other right or remedy. <br /> <br />17.18 Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has <br />had an opportunity to review the terms and conditions of this Franchise and that under current law <br />Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee <br />believes the City has the power to make the terms and conditions contained in this Franchise. <br /> <br />17.19 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee shall no <br />longer have the right to occupy the Streets for the purpose of providing Cable Service. However, <br />Grantee’s obligations to the City (other than the obligation to provide service to Subscribers) shall <br />survive according to their terms. <br /> <br />17.20 Competitive Equity. <br /> <br />(a) The Grantor has the authority to grant franchises that allow entities to construct <br />and operate facilities in the Public Rights-of-Way that may be used to provide video <br />programming services to residences that compete with Grantee's services. If Grantor <br />grants such a franchise to an entity that provides competitive video programming services <br />to residences that contains material terms and conditions that differ from Grantee's <br />material obligations under this Franchise, then the parties agree that the processes and <br />provisions of this Section will apply. <br /> <br />(b) If Grantor grants a franchise to an entity that provides competitive video <br />programming services to residences that contains material terms and conditions that differ <br />from Grantee's material obligations under this Franchise, the Grantor and Grantee will <br />either negotiate the terms of this Franchise to include any material terms or conditions that <br />the Grantor imposes upon the new entrant, or negotiate amendments to the Franchise to <br />insure that the regulatory and financial burdens on each Grantee are materially equivalent. <br />"Material terms and conditions" include franchise provisions related to: Franchise fees <br />and Gross Revenues; Operation in Streets and Rights-of-Way (Section 3), number of <br />Public, Education and Government Access Channels and their funding; customer service <br />standards; required reports and related record keeping; and liquidated damages. The <br />parties agree that this provision shall not require an identical franchise or authorization for <br />a competitive entity so long as the regulatory and financial burdens in their entirety on each <br />entity are materially equivalent. <br /> <br />(c) Exemptions. The following are exempt from this Section: <br /> <br />(i) video programming services delivered over wireless networks, unless the <br />state or FCC has determined that these are subject to City franchising authority;
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