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1997, submitted to the Commission by MediaOne which is incorporated
<br />herein by reference and attached hereto as Exhibit A.
<br />X. "Right -of -Way" or "Rights -of -Way" means the area on, below, or above
<br />any real property in City in which the City has an interest, and any public
<br />street, road, highway, freeway, lane, path, public way, alley, court, sidewalk,
<br />boulevard, drive, bridge, tunnel waterway, easement or right-of-way,
<br />parkway, park, skyway, or any other place, area, or real property owned by
<br />or under the control of City, or dedicated for use by City, use by the general
<br />public or use compatible with Cable System operations, including other
<br />dedicated Rights -of -Way for travel purposes and utility easements.
<br />Y. "Right -of -Way Ordinance" means any ordinance of City codifying
<br />requirements regarding regulation, management and use of Rights -of -Way
<br />in City, including registration and permitting requirements.
<br />Z. "Standard Installation" means any residential installation which can be
<br />completed using a Drop of 250 feet or less.
<br />aa. "Subscriber" means any Person who lawfully receives service via the
<br />System. In the case of multiple office buildings or multiple dwelling units,
<br />the "Subscriber" means the lessee, tenant or occupant.
<br />SECTION 2.
<br />GRANT OF AUTHORITY AND GENERAL PROVISIONS
<br />1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions
<br />contained herein. Grantee shall comply with all provisions of its Proposal. Failure
<br />of Grantee to provide a System as described in its Proposal, or meet obligations and
<br />comply with all provisions therein, may be deemed a violation of this Franchise.
<br />2. Grant of Nonexclusive Authority.
<br />a. The Grantee shall have the right and privilege, subject to the permitting and
<br />other lawful requirements of City ordinance, rule or procedure, to construct,
<br />erect, install, operate, upgrade, repair, replace, reconstruct, rebuild, maintain
<br />and retain in, upon, along, across, above, over and under the Rights -of -Way
<br />in City a Cable System and shall have the right and privilege to provide
<br />Cable Service. The System constructed and maintained by Grantee or its
<br />agents shall not interfere with other uses of the Rights -of -Way. Grantee shall
<br />make use of existing poles and other above and below facilities available to
<br />Grantee to the extent it is technically and economically feasible to do so.
<br />b. Notwithstanding the above grant to use Rights -of -Way, no Right -of -Way
<br />
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