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City separate authorization to provide Cable or Open Video System services, or relieve Grantee of
<br /> its obligation to comply with any such authorizations that may be lawfully required.
<br /> G. Grantee may not, in a manner that relinquishes Grantee's day-to-day control over the
<br /> maintenance and operation of the Facilities, lease, rent, transfer, convey, or sell Facilities in
<br /> whole or in part unless the Person to whom the Facilities will be transferred has first been
<br /> granted a franchise by the City. By way of example and not limitation, Grantee may lease dark
<br /> fiber, which is part of its Facilities, to third parties who are not granted a franchise by the City,
<br /> provided that Grantee maintains day-to-day physical control over the leased dark fiber.
<br /> 3.2. Use of Rights-of-Way
<br /> A. Subject to the City's supervision and control, Grantee may erect, install, construct, repair,
<br /> replace, reconstruct, and retain in, on, over, under, upon, across, and along the Rights-of-Way
<br /> within the City such Facilities as are necessary and appurtenant to the operation of
<br /> Telecommunication Services within the City.
<br /> B. Grantee must follow City requirements for placement of Telecommunications Facilities in
<br /> Rights-of-Way, including the specific location of Facilities in the Rights-of-Way, and must in any
<br /> event install Telecommunication Facilities in a manner that minimizes interference with the use of
<br /> the Rights-of-Way by others, including others that may be installing communications Facilities.
<br /> Within limits reasonably related to the City's role in protecting public health, safety and welfare,
<br /> the City may require that Telecommunication Facilities be installed at a particular time, at a specific
<br /> place or in a particular manner as a condition of access to a particular Right-of-Way; may deny
<br /> • access if Grantee is not willing to comply with City's requirements; and may remove, or require
<br /> removal of, any Facility that is not installed in compliance with the requirements established by the
<br /> City, or which is installed without prior City approval of the time, place or manner of installation,
<br /> and charge Grantee for all the costs associated with removal; and may require Grantee to cooperate
<br /> with others to minimize adverse impacts on the Rights-of-Way through joint trenching and other
<br /> arrangements. With regard to its management of the Rights-of-Way,the City shall treat the Grantee
<br /> and other users of the Rights-of-Way in a competitively neutral and nondiscriminatory manner in
<br /> accordance with applicable law.
<br /> 3.3. Effective Date and Term of Franchise
<br /> This Franchise and the rights,privileges and authority granted hereunder shall take effect thirty days
<br /> after adoption by City Council (the "Effective Date"), and shall terminate 10 years later on the tenth
<br /> anniversary of the Effective Date, unless terminated sooner as hereinafter provided.
<br /> 3.4. Franchise Nonexclusive
<br /> This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements or licenses
<br /> granted by the City to any Person to use any property, Right-of-Way, right, interest or license for
<br /> any purpose whatsoever, including the right of the City to use same for any purpose it deems fit,
<br /> including the same or similar purposes allowed Grantee hereunder. The City may at any time grant
<br /> authorization to use the Rights-of-Way for any purpose not incompatible with Grantee's authority
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