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A <br /> ORDINANCE NO. 3077-08 <br /> AN ORDINANCE OF THE CITY OF EVERETT <br /> GRANTING A CABLE TELEVISION FRANCHISE <br /> TO VERIZON NORTHWEST INC. <br /> WHEREAS, this cable franchise agreement (the "Franchise" or "Agreement") is entered <br /> into by and between the City of Everett, Washington, a duly organized municipality under the <br /> applicable laws of the State of Washington (the Local Franchising Authority or "City") and <br /> Verizon Northwest Inc., a corporation duly organized under the applicable laws of the State of <br /> Washington(the"Franchisee" or"Grantee"). <br /> WHEREAS, the City wishes to grant Franchisee a nonexclusive franchise to construct, <br /> install, maintain, extend and operate a cable communications system in the Franchise Area as <br /> designated in this Franchise; <br /> WHEREAS, the City is a "franchising authority" in accordance with Title VI of the <br /> Communications Act (see 47 U.S.C. §522(10)) and is authorized to grant one or more <br /> nonexclusive cable franchises pursuant to Washington state law; <br /> WHEREAS, Franchisee is in the process of installing a Fiber to the Premise <br /> Telecommunications Network ("FTTP Network") in the Franchise Area for the transmission of <br /> Non-Cable Services pursuant to authority granted by the State of Washington; <br /> WHEREAS, the FTTP Network will occupy the Public Rights-of-Way within the City, <br /> and Franchisee desires to use portions of the FTTP Network once installed to provide Cable <br /> Services (as hereinafter defined) in the Franchise Area; <br /> WHEREAS, the City has identified the future cable-related needs and interests of the <br /> City and its community, has considered the financial, technical and legal qualifications of <br /> Franchisee, and has determined that Franchisee's plans for its Cable System are adequate, in a <br /> full public proceeding affording due process to all parties; <br /> WHEREAS, the City has found Franchisee to be financially, technically and legally <br /> qualified to operate the Cable System; <br /> WHEREAS, the public has had adequate notice and opportunity to comment on the <br /> Grantee's proposal to provide cable services within the City; <br /> EVERETT 1 <br /> Seattle-3388207.8 0010932-00119 <br />