744-00 Renew FSN Cable TV Franchise

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• universities. X. "State-of-the-Art" means that level of technical or service performance, i capacity and capability (including, but not limited to plant or other equipment; �f construction techniques;customer service; facilities; equipment, systems and operations; I :w. and performance standards) which has been developed and demonstrated in the cable industry to be workable and economically and technically feasible and viable from time i i~ to time throughout the term of the Franchise. Y. "Subscriber" means any Person who receives the regular subscriber service and/or any one or more of such other services as may be provided by the Grantee' Cable Television System and does not further distribute such service(s). Z. "User"means a Person utilizing a System channel or System equipment and facilities for purposes of production and/or transmission of material, as contrasted with receipt thereof in a Subscriber capacity. SECTION 2: ARTICLE II-Franchise Conditions: 2.1 Franchise Term and Non-Exclusivity: A. The term of this Franchise shall be for five (5) years and shall commence on the date the Franchise is approved by the City Council; provided, however, the Franchise shall not be effective until the terms hereunder have been accepted by the Grantee and an executed Franchise Agreement. B. The Franchise granted pursuant to this ordinance shall not be exclusive to the Grantee. The City shall be deemed to reserve the right to grant other Franchises to use and occupy the Public Ways of the City for Cable Television or any other purpose. C. This ordinance, either in whole or in part, shall not be construed as granting or intending to grant to the Grantee a franchise to use the Public Way(s) in the City, or any portion of the Cable Television System therein, for the provision of any service other than Cable Service, including,but not limited to, telecommunications, local telephone exchange, alternative local access, competitive access, toll access or any other service or use not expressly provided for herein. 2.2 Franchise Review and Modification: A. It shall be the policy of the City to amend this Franchise, upon application of the Grantee, when necessary to enable the Grantee to take advantage of advancements in the State-of-the-Art which will afford it an opportunity to more effectively, efficiently, or economically serve its subscribers; provided, however, that this section shall not be construed to require the City to make any amendment. B. Within the term of the Franchise, the City may initiate negotiations with Grantee(s) for the purpose of amending the Franchise awarded hereunder. 2.3 Franchise Renewal: A. During the six(6)month period which begins with the 36th month before the Franchise expiration, the City may on its own initiative, and shall at the written