(1) The City of Millersburg (City) grants to Astound Broadband, LLC, a Washington limited liability company, d/b/a Wave (Astound Broadband), its successors and assigns, the nonexclusive right, franchise and privilege to conduct a general telecommunications business with the City and to place, erect, lay, maintain and operate in, upon, under and over public rights-of-way within the City poles, wires, cables, fiber optics, conduit and other appliances and conductors (collectively, facilities) for the transmission of light, electricity, or other impulses for telecommunications purposes, including the provision of telecommunications, private line, and Internet access services (collectively, telecommunications services). Such facilities may be strung upon poles and other fixtures above ground or may be laid underground in pipes and conduits or otherwise protected. This chapter does not grant Astound Broadband authority to use its facilities to provide cable services or any other nontelecommunications services. The facilities installed pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such public ways.

(2) This chapter is subject to, and Astound Broadband agrees to comply with, applicable State, Federal and City laws, rules, regulations, ordinances, resolutions or orders now in effect or adopted after this chapter takes effect. The City may regulate rates charged by Astound Broadband for the provision of telecommunications services if expressly permitted by Federal or State law. (Ord. 119 § 1, passed 1-12-2016)