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7 <br />1.31 “Wireline MVPD” means any entity, including the City, that utilizes the Streets to install <br />cable or fiber and is engaged in the business of making available for purchase, by Subscribers, <br />multiple Channels of Video Programming in the City, which could also include the City. For <br />purposes of this Franchise, the term “Wireline MVPD” shall not be limited to entities defined by <br />the FCC as “multichannel video programming distributors” and shall include entities that provide <br />multiple Channels of Video Programming via open video systems, as defined by the FCC, but it is <br />the intent of the Grantee and the City that the term Wireline MVPD shall not include small cell <br />providers, unless the City has the legal authority under Applicable Law to regulate or to impose <br />cable franchise obligations upon such small cell providers. <br /> <br />SECTION 2 FRANCHISE <br /> <br />2.1 Grant of Franchise. The City hereby authorizes Grantee to occupy or use the City’s Streets <br />subject to: 1) the provisions of this non-exclusive Franchise to provide Cable Service within the City; <br />and 2) all applicable provisions of the City Code. Unless this Franchise has expired pursuant to <br />Section 2.8 herein or this Franchise is otherwise terminated pursuant to Section 11.2 herein, this <br />Franchise shall constitute both a right and an obligation to provide Cable Services as required by <br />the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee <br />from: (1) providing services other than Cable Services to the extent not prohibited by Applicable <br />Law; or (2) challenging any exercise of the City’s legislative or regulatory authority in an <br />appropriate forum. The City hereby reserves all of its rights to regulate such other services to the <br />extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give <br />up any right to regulate. Except as expressly provided herein, in granting this Franchise, City and <br />Commission release Grantee from any claims they have or could have asserted with respect to <br />underpayment of franchise or other fees through March 31, 2021, under the previous franchise, <br />assuming that the fees owed through March 31, 2021, but not yet paid, are calculated in the same <br />manner that they have been calculated and paid in 2020 (without offsets), and assuming that the <br />fees are timely paid (e.g., the last franchise fee payment under the old franchise must be paid by <br />May 15, 2021). The parties do not waive any rights the parties may have under the previous franchise <br />regarding Grantee’s compliance with all applicable obligations governing Grantee’s facilities in <br />Streets, the duty to indemnify, and the duty to repair or pay for damages to public or private <br />property. Conversely, claims that (1) arise before April 1, 2021, and (2) that do not relate to <br />Grantee’s compliance with all applicable obligations governing Grantee’s facilities in Streets, the <br />duty to indemnify, and the duty to repair or pay for damages to public or private property, are not <br />expressly preserved. A condition that violates this Franchise does not “arise before” April 1, 2021, <br />if that violation exists after April 1, 2021, even if it was also present before the renewal. <br /> <br />2.2 Reservation of Authority. The Grantee specifically agrees to comply with the lawful <br />provisions of the City Code and applicable regulations of the City. Subject to the police power <br />exception below, in the event of a conflict between A) the lawful provisions of the City Code or <br />applicable regulations of the City and B) this Franchise, the express provisions of this Franchise <br />shall govern. Subject to express federal and state preemption, the material terms and conditions <br />contained in this Franchise may not be unilaterally altered by the City through subsequent <br />amendments to the City Code, ordinances or any regulation of City, except in the lawful exercise <br />of City’s police power. Grantee acknowledges that the City may modify its regulatory policies by <br />lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees <br />to comply with such lawful modifications to the City Code; however, Grantee reserves all rights it