Subject to the terms and conditions of this
agreement and applicable laws and regulations, LFA hereby grants franchisee
the right to own, construct, operate and maintain a cable system to
provide cable services along the public rights-of-way within the Township.
No privilege or power of eminent domain is bestowed or waived by this
grant or by this agreement; nor is such a privilege or power bestowed
or waived by this agreement.
The parties recognize that franchisee's FTTP
network is being constructed and will be operated and maintained as
an upgrade to and/or extension of its existing telecommunications
facilities for the provision of noncable services. The jurisdiction
of LFA over such telecommunications facilities is also governed by
federal and state law, and LFA does not and will not assert jurisdiction
over franchisee's FTTP network in contravention of those laws. Therefore,
as provided in Section 621 of the Communications Act, 47 U.S.C. § 541,
LFA's regulatory authority under Title VI of the Communications Act
is not applicable to the construction, installation, maintenance,
or operation of franchisee's FTTP network to the extent the FTTP network
is constructed, installed, maintained, or operated for the purpose
of upgrading and/or extending Verizon's existing telecommunications
facilities for the provision of noncable services. This agreement
shall not be construed to limit whatever existing regulatory authority
LFA may have under federal, state and local law with respect to the
FTTP network facilities.
This Franchise shall become effective on September
19, 2006 (the "effective date"). The term of this franchise shall
be 12 years from the effective date unless the franchise is earlier
revoked as provided herein.
The franchise and the rights granted herein
to use and occupy the public rights-of-way to provide cable services
shall not be exclusive, and LFA reserves the right to grant other
franchises for similar uses or for other uses of the public rights-of-way,
or any portions thereof, to any person, or to make any such use themselves,
at any time during the term of this franchise. Any such rights that
are granted shall not adversely impact the authority as granted under
this franchise and shall not interfere with existing facilities of
franchisee's cable system or franchisee's FTTP network.
Notwithstanding any provision to the contrary
herein, this agreement is subject to and shall be governed by all
applicable provisions of federal law and state law to the extent not
in conflict with federal law.
A.Â
The failure of LFA on one or more occasions to exercise
a right or to require compliance or performance under this franchise
or applicable law shall not be deemed to constitute a waiver of such
right or a waiver of compliance or performance by LFA, nor to excuse
franchisee from complying or performing, unless such right or such
compliance or performance has been specifically waived in writing.
B.Â
The failure of franchisee on one or more occasions
to exercise a right under this franchise or applicable law, or to
require performance under this franchise, shall not be deemed to constitute
a waiver of such right or of performance of this agreement, nor shall
it excuse LFA from performance, unless such right or performance has
been specifically waived in writing.
A.Â
The provisions of this franchise shall be liberally
construed to effectuate their objectives. The parties agree that this
agreement contains all terms and conditions applicable to this agreement.
In the event of a conflict between the local cable ordinance and this
agreement, this agreement shall prevail. Local cable ordinance provisions
not addressed by this agreement do not apply to this agreement.
B.Â
Nothing herein shall be construed to limit the scope
or applicability of Section 625 Communications Act, 47 U.S.C. § 545.
C.Â
Should any change to state law have the lawful effect
of materially altering the terms and conditions of this agreement,
making it commercially impracticable for franchisee to continue the
provision of cable services in the Township, then the parties shall
modify this franchise to the mutual satisfaction of both parties to
ameliorate the negative effects on franchisee of the material alteration.
Any modification to this agreement shall be in writing and signed
by both parties. If the parties cannot reach agreement on the above-referenced
modification to the agreement, then franchisee may terminate this
agreement without further obligation to LFA or, at franchisee's option,
the parties agree to submit the matter to binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association.
Nothing in this agreement shall be construed
to prohibit the reasonable, necessary, and lawful exercise of the
police powers of LFA.
