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• • Y . • : M • K�I:T�i `.70� •i �:ii�i6'f (7+Ic� <br />• 4.01 Grant of—ZSanch.se. This Franchise is granted <br />pursuant to the terms and conditions contained herein. Such <br />terms and conditions shall be subordinate. to all applicable <br />provisions of state and federal laws, rules, and regulations. <br />4.02 C11-t€rie__Qf Sel-ec dg.n. The City followed the <br />procedure outlined in Section 626 of the Cable Act in granting <br />this Franchise. The City conducted full public proceedings and <br />afforded Grantee reasonable notice and a reasonable opportunity <br />to be heard, during which the City considered whether: <br />A. Grantee had substantially complied with the <br />material terms of the previous Franchise and with <br />applicable law; <br />B. The quality of Grantee's Service, including <br />Signal quality, response `o consumer Complaints, and <br />billing practices, but without regard to the mix, quality, <br />or level of Cable Services, or other Services provided <br />over the System, had been reasonable in light of community <br />needs over the previous Franchise term; <br />C. The Grantee has the financial, legal, and <br />technical ability to provide the Services, facilities, and <br />equipment as set forth in Grantee's proposal; and <br />. D. Grantee's proposal was reasonable to meet the <br />future cable -related community needs and interests, taking <br />into account the cost of meeting such needs and interests. <br />A. For the purpose of constructing, operating, and <br />maintaining a System in the City, Grantee may erect, <br />install, construct, repair, replace, relocate, reconstruct <br />and retain in, on, over, under, upon, across and along the <br />Streets within the City such lines, cables, conductors, <br />ducts, conduits, vaults, manholes, amplifiers, appliances, <br />pedestals, attachments and other property and equipment as <br />are necessary and appurtenant to the operation of the <br />System, provided that all applicable permits are applied <br />for and granted, all fees paid and all other City codes <br />and ordinances are otherwise complied with. <br />B. Sixty (60) days in advance of any reconstruction <br />or rebuild of the System, Grantee shall, in each case, <br />file plans with the City and receive written approval of <br />such plans, which approval shall not be unreasonably <br />withheld. Failure of City to take action on such plans <br />within sixty (60) days of receipt of such plans shall be <br />deemed approval of such plans. <br />-5- <br />