§ A230-1. Grant of franchise.

A. 

Grant generally. Comcast is hereby granted for itself and its duly approved (as provided herein) successors and assigns, subject to the terms and conditions of this franchise agreement and the ordinance granting this franchise, the nonexclusive right, privilege and authority to construct, operate, maintain and reconstruct a cable system for the provision of cable service within the streets, alleys and public rights-of-way of the Town. This grant is for cable service. The terms "cable service" and "cable system" are defined as those terms are defined in 47 U.S.C. § 522(6) and 47 U.S.C. § 522(7) as of the effective date of this agreement.

B. 

Condition of grant. The grant of this nonexclusive franchise is expressly conditioned on the operation and maintenance of the current cable system for the limited purpose of providing cable services within the Town of Elsmere.

C. 

Acceptance of grant. Comcast accepts the grant of the franchise and acknowledges and accepts the Town's right to grant the franchise, to enter into this agreement, and agrees that the franchise was granted pursuant to processes and procedures consistent with applicable law and that it will not raise any claim to the contrary or claim that at the time of acceptance any term herein was void.

D. 

Rights-of-way. For the purpose of operating and maintaining a cable system in the Town, Comcast may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under or upon, across and along the public rights-of-way within the Town such wires, cables, conductors, ducts, conduits, walls, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and pertinent to the operation of a cable system in conformance with this agreement. None of the foregoing shall be erected or installed in any manner which conflicts with existing law. Prior to any construction, relocation or alteration — including the construction of a hub or studio on Town-owned property or rights-of-way — and in accordance with the generally applicable provisions of the Town Code, Comcast shall file plans with all appropriate Town or other governmental agencies and shall receive written approval before proceeding. Notwithstanding the requirements herein, Comcast shall not be required to obtain a permit for individual drop connections to subscribers, servicing or installing pedestals or other similar facilities, or other instances of routine maintenance or repair to its cable system that does not disturb the surface of the grade or impede or impact vehicular traffic.

E. 

Effective date of franchise. The effective date of the franchise granted herein shall be the date on which the Town Council adopts and the Mayor signs an ordinance granting a franchise based on this agreement, as executed by the parties. Immediately upon the taking effect of this franchise agreement, the prior franchise, Ordinance No. 246 of 1989, shall be superseded and have no further force and effect; provided, however, that any vested Comcast rights relating to billings and the Town's rights to receive accrued and unpaid franchise fees for any period prior to the effective date shall not be affected thereby.

F. 

Term. The term of the franchise shall extend 10 years or until 11:59 p.m. on December 15, 2025, unless sooner terminated as hereinafter provided, at which time it shall expire and be of no further force or effect.

G. 

Franchise nonexclusive. This franchise shall not be construed as any limitation upon the right of the Town to grant to other persons rights, privileges or authorities similar to the rights, privileges and authorities herein set forth, in the same streets, alleys or other public ways or public places. The Town specifically reserves the right to grant at any time during the term of this agreement or renewal thereof, if any, such additional franchises for a cable system as it deems appropriate. If the Town grants a franchise or similar authorization to another service provider, Comcast may make a written request that the Town modify the material terms of this franchise to provide substantially the same terms and conditions as are applicable to the new service provider within 60 days after Comcast's written request. Material terms shall include: governmental channel, governmental channel support and return feed line, franchise fees, customer service obligations, build-out and service obligations. Differences in financial terms may be evaluated on a per-subscriber basis in determining whether there is a material difference in obligations.