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as a public thoroughfare. Franchisee may not offer Cable Services as defined in 47 <br />U.S.C. § 522(6) or personal wireless services, without obtaining a new franchise or an <br />amendment to this Franchise approved by the City Council. <br />Section 2.2. Notwithstanding the existence of this Franchise, the installation, <br />construction, maintenance, use, operation, replacement and removal by Franchisee of <br />any one or more Franchise Facilities will be subject to all applicable provisions of Title 11 <br />TMC, including, but not limited to, the City's Infrastructure, Design, and Construction <br />Standards, adopted by the City's Public Works Department of Public Works, the terms <br />and conditions of City right-of-way use permits issued pursuant to Title 11 TMC, the terms <br />and conditions of City building permits issued pursuant to Title 16 TMC, and all other <br />applicable laws, rules and regulations. <br />Section 2.3. Upon sixty (60) days' written notice to the City, Franchisee shall have <br />the right to offer or provide capacity or bandwidth to its customers consistent with this <br />Franchise, provided: <br />(a) Franchisee at all times retains exclusive ownership over its <br />telecommunications system, Facilities and Services and remains responsible for <br />constructing, installing, and maintaining its Facilities pursuant to the terms and <br />conditions of this Franchise; <br />(b) Franchisee may not grant rights to any customer or lessee that are greater <br />than any rights Franchisee has pursuant to this Franchise, provided that leases or <br />other commercial arrangements for the use of the Facilities installed pursuant to <br />this Franchise may extend beyond the term of the Franchise; <br />(c) Such customer or lessee shall not be construed to be a third -party <br />beneficiary under this Franchise; and <br />(d) No such customer or lessee may use the telecommunications system or <br />Services for any purpose not authorized by this Franchise, unless such rights are <br />otherwise granted by the City. <br />Page 3 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />7 <br />