§ 7. Franchise limitations.

(a)

Nature of franchise. This franchise is nonexclusive, and neither the granting thereof nor any of the provisions contained herein shall limit, abridge, diminish, alter, or affect the right, privilege, power, or authority of the Common Council; and the Common Council hereby reserves and preserves the right to grant any identical or similar or different franchise to any person, firm or corporation other than grantee, either within or without or partly within or partly without the franchise area of any grantee. No privilege or exemption shall be granted or conferred by any franchise granted hereunder except those specifically prescribed in this article.

(b)

Subordination of franchise privileges. The grant of any privilege by any franchise hereunder shall be subordinate to any prior lawful occupancy of any street or public property or to the grant of any privilege under any other franchise of prior date, insofar as there shall be any conflict.

(c)

Transfer of franchise.

(i)

Any franchise granted hereunder shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without prior consent of the Common Council and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, such as a bill of sale, or similar document, a duly executed copy of which shall be filed in the office of the Clerk-Treasurer within 30 days after any such transfer or assignment. The said consent of the Common Council may not be unreasonably refused; provided, however, the proposed assignee must show financial responsibility as determined by the Common Council and must agree to comply with all provisions of the franchise and of this ordinance; and provided, further, that no such consent shall be required for a transfer in trust, mortgage, or other hypothecation, in whole or in part, to secure an indebtedness, except that when such hypothecation shall exceed 50 percent of the market value of the property used by the grantee in the conduct of the cable television system, prior consent of the Common Council shall be required for such a transfer. Such consent shall not be withheld unreasonably.

(ii)

Prior approval of the Common Council, expressed by resolution, shall be required where there is an actual change in control or where ownership of more than 50 percent of the voting stock of grantee is acquired by a person or group of persons acting in concert, none of whom already owns 50 percent or more of the voting stock, singly or collectively.

(d)

Recourse against city. Grantee shall have no recourse or remedy whatsoever against the city for any loss, cost expense, or damage arising out of or with respect to any franchise hereunder, or this article, or the enforcement thereof.

(e)

City rules and regulations. Grantee shall be subject to all ordinances, rules, regulations, and specifications of the city heretofore or hereafter established, including but not limited to those pertaining to works and activities in, on, over, under, and about streets.

(f)

Prohibited activities of grantee. Grantee shall be prohibited from directly or indirectly doing any of the following:

(1)

Engaging in the business of selling at retail, leasing, renting, repairing, or servicing of television sets or radios;

(2)

Soliciting, referring, or causing or permitting the solicitation or referral of any subscriber to persons engaged in any business herein prohibited to be engaged in by grantee;

(3)

Providing information concerning the viewing patterns of identifiable individual subscribers to any person, group or organization for any purpose, without the consent of the subscriber;

(4)

Entering or encroaching upon or interfering with or obstructing any private property without the express consent of the owner;

(5)

Providing any television repair service to its subscribers for a fee, which repair extends beyond the connection of its service or the determination by grantee of the quality of its signal to the recipients thereof.