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<br />ORDINANCE NO. 2015-06 <br /> <br />AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, <br />INC., D/B/A CENTURYLINK, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE <br />COMMUNICATIONS SYSTEM IN THE CITY OF ST. ANTHONY; SETTING FORTH <br />CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR <br />REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN <br />CONJUNCTION WITH THE CITY’S RIGHT-OF-WAY ORDINANCE, IF ANY, AND <br />PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; <br /> <br />The City Council of the City of St. Anthony ordains: <br /> <br />STATEMENT OF INTENT AND PURPOSE <br /> <br />Qwest Broadband Services, Inc., d/b/a CenturyLink (“Grantee”), applied for a cable franchise to <br />serve the City. The City will adopt separate findings related to the application and the decision <br />to grant a cable franchise to Grantee, which shall be incorporated herewith by reference. The <br />City intends, by the adoption of this Franchise, to bring about competition in the delivery of <br />cable services in the City. <br /> <br />Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and <br />its residents. <br /> <br />SECTION 1. SHORT TITLE AND DEFINITIONS <br /> <br />1. Short Title. This Franchise Ordinance shall be known and cited as the <br />CenturyLink Cable Franchise Ordinance. <br /> <br />2. Definitions. For the purposes of this Franchise, the following terms, phrases, <br />words, and their derivations shall have the meaning given herein. When not inconsistent with <br />the context, words in the singular number include the plural number. The word “shall” is always <br />mandatory and not merely directory. The word “may” is directory and discretionary and not <br />mandatory. <br /> <br />a. “Basic Cable Service” means any service tier which includes the lawful <br />retransmission of local television broadcast signals and any public, educational, <br />and governmental access programming required by the Franchise to be carried on <br />the basic tier. Basic Cable Service as defined herein shall not be inconsistent with <br />47 U.S.C. § 543(b)(7). <br /> <br />b. “City” means City of St. Anthony, a municipal corporation, in the State of <br />Minnesota, acting by and through its City Council, or its lawfully appointed <br />designee. <br /> <br />c. “City Council” means the governing body of the City. <br />25