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2008 Ordinances
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2008 Ordinances
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12/19/2008 11:52:32 AM
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4/15/2008 8:40:01 AM
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<br />Transfer of the Franchise shall not include (a) Transfer of an ownership or other interest <br />in the Grantee to the parent ofthe Grantee or to another Affiliate of the Grantee; (b) <br />Transfer of an interest in the Franchise granted under this Franchise or the rights held by <br />the Grantee under the Franchise granted under this Franchise to the parent of the Grantee <br />or to another Affiliate of the Grantee; (c) any action that is the result of a merger of the <br />parent of the Grantee; (d) any action that is the result of a merger of another Affiliate of <br />the Grantee; or (e) a Transfer in trust, by mortgage, or by assignment of any rights, title, <br />or interest of the Grantee in the Franchise or the System used to provide Cable Service in <br />order to secure indebtedness. <br /> <br />1.21 "Video Programming" means programming provided by, or generally <br />considered comparable to, programming provided by a television broadcast station. <br /> <br />SECTION 2 - Grant of Authori~ <br /> <br />2.1 The City hereby grants to the Grantee under the Code of Virginia and the <br />Cable Act a nonexclusive Franchise authorizing the Grantee to construct, operate, repair <br />and maintain a Cable System in the Public Right-of-Way within the Franchise Area and <br />to install such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, <br />pedestals, amplifiers, appliances, attachments, and other related property or equipment as <br />may be necessary or appurtenant to the Cable System so long as consistent with the terms <br />of this Franchise and the City Code. <br /> <br />2.2 Term of Franchise. The term of the Franchise granted hereunder shall be <br />fifteen (15) years, commencing upon the Effective Date of the Franchise, unless the <br />Franchise is renewed or is lawfully terminated in accordance with the terms of this <br />Franchise, the Code of Virginia and the Cable Act. <br /> <br />2.3 Renewal. Any renewal of this Franchise shall be governed by and comply <br />with the provisions of the Code of Virginia and Section 626 of the Cable Act, as <br />amended. <br /> <br />2.4 Reservation of Authority. Nothing in this Franchise shall be construed as <br />a waiver of any portion of the City Codes or any other ordinances promulgated by the <br />City. <br /> <br />SECTION 3 - Construction and Maintenance of the Cable System <br /> <br />3.1 Permits and General Obligations. The Grantee shall be responsible for <br />obtaining, at its own cost and expense, all pennits, licenses, or other fonns of approval or <br />authorization necessary to construct, operate, maintain or repair the Cahle System, or any <br />part thereof, prior to the commencement of any such activity. Constmction, installation, <br />and maintenance of the Cable System shall be perfonned in a safe, thorough and reliable <br />manner using materials of good and durable quality. All transmission and distribution <br />stmctures, poles, other lines, and equipment installed by the Grantee for use in the Cable <br />System in accordance with the tenns and conditions of this Franchise shall be located so <br /> <br />l)<)J4f>lv2 <br /> <br />4 <br />
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