Ordinance 2858-05 - Laserfiche WebLink

and whose premises are physically wired and lawfully activated to receive service from Grantee's Open Video System. 1.27. "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received (as provided in 47 U.S.C. 153(43)). 1.28. "Telecommunications Service" means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used (as provided in 47 U.S.C. 153(46)). 1.29. "Tier" means a group of Channels for which a single periodic subscription fee is charged. 1.30. "Video Programming Provider" means any person or group of persons who has the right under the copyright laws to select and contract for carriage of specific video programming on an open video system. SECTION 2. GRANT OF FRANCHISE 2.1. Grant (A) The City hereby grants to Grantee a nonexclusive authorization to make reasonable and lawful use of the Rights-of-Way within the City to construct, operate, maintain and reconstruct an Open Video System for the purpose of providing Open Video System Services and Dark Fiber Services subject to the terms and conditions set forth in this Franchise. In order to provide any other services over the facilities that constitute the Open Video System, the Grantee shall be required to obtain any additional governmental authorization(s) required by federal, State or local law. (B) Each and every term, provision or condition herein is subject to the provisions of State law, federal law, the Charter and Code of the City of Everett, and the ordinances and regulations enacted pursuant thereto. As provided by Everett City Charter § 13.4, this Franchise shall be subject to the right of the City Council, or the people of the City acting for themselves by the initiative and referendum, at any time, subsequent to the grant, to repeal, amend or modify the Franchise with due regard to the rights of the Grantee and the interest of the public; and to cancel, forfeit and abrogate any such grant if the Franchise granted hereby is not operated in full accordance with its provisions, or at all; and at any time during the grant to acquire, by purchase or condemnation, for the use of the City itself, all the property of the Grantee within the limits of the public streets, at a fair and just value, which shall not include any valuation of the Franchise itself, which shall thereupon terminate. (C) This Franchise shall not be interpreted to prevent the City from imposing additional lawful conditions, including additional compensation conditions for use of the Rights- of-Way, should Grantee provide service other than Open Video System Services or Dark Fiber Service. (D) No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation, this Franchise shall not include or be a substitute for: 4