104.(a). The franchise granted by the City pursuant to this ordinance shall grant
to the Company the right and privilege to erect, construct, operate and maintain in,
upon, along, across, above, over and under the Streets now in existence and as may
be created or established during its terms, any poles, wires, cable, antennas, towers,
underground conduits, manholes and other television conductors and fixtures necessary
for the maintenance and operation of its Cable System for the provision of Cable Service
in the City of St. Paul on the terms and conditions hereinafter set forth. The franchise
is not in lieu of any permit or other requirements that exist or may be established
by the City. Permits must be obtained at the time and in the manner the City may specify,
and permit conditions must be strictly adhered to. The franchise does not grant the
Company the right to occupy any particular location upon, along, across, above, over
and under the Streets; nor does the franchise permit the Company to interfere with
the use of the Streets by others or to occupy other Public property.
104.(b). Company promises and guarantees, as a condition of exercising the privileges
granted by this franchise, that any affiliated entity of the Company involved in the
offering of Cable Service in the City, or directly involved in the ownership, management
or operation of the Cable System in the City, shall also comply with all obligations
of this franchise. However, the City and Company acknowledge that QC will be primarily
responsible for the construction and installation of the facilities in the Streets
which will be utilized by Company to provide Cable Services. So long as QC does not
provide Cable Service to Subscribers in the City, QC will not be subject to the terms
and conditions contained in this franchise. QC's installation and maintenance of facilities
in the Streets is governed by applicable local, state and federal law. To the extent
Company constructs and installs facilities in the Streets, such installation will
be subject to the terms and conditions contained in this franchise. Company is responsible
for all provisions in this franchise related to: 1) its offering of Cable Services
in the City; and 2) the operation of the Cable System regardless of what entity owns
or constructs the facilities used to provide the Cable Service. The City and Company
agree that to the extent QC violates any applicable laws, rules, and regulations,
the City shall first seek compliance directly from QC. In the event, the City cannot
resolve these violations or disputes with QC, then the City may look to Company to
ensure such compliance. Failure by Company to ensure QC's or any other affiliate's
compliance with applicable local, state and federal laws, rules, and regulations shall
be deemed a material breach of this franchise by Company.
