Section 2. Grant of Franchise.
(a) Non-Exclusive. There is hereby granted to Grantee this nonexclusive franchise to construct, maintain, extend and operate its Network along, across, upon, under or above any PROW for the purposes identified herein subject to the terms and conditions of this Agreement.
(b) No Legal Interest in PROW. The grant of this franchise by the City shall not convey title, equitable or legal, in the PROW, and shall give only the right to occupy the PROW, for the purposes and for the period stated in this Agreement. This Agreement does not:
(1) Grant the right to use any other property, telecommunications related or otherwise, owned or controlled by the City or a third-party, without the consent of such party;
(2) Grant the authority to construct, maintain or operate any Facility or related appurtenance on property owned by the City outside of the Public right-of-way; or
(3) Excuse Grantee from obtaining appropriate access or attachment agreements before locating its Facilities on poles or infrastructure owned or controlled by the City or a third party.
(c) Permits; Licenses. As a condition of this grant, Grantee is required to obtain and is responsible for securing any necessary permit, license, certification, grant, registration or any other authorization required by any appropriate governmental entity, including, but not limited to, the City, the Federal Communications Commission (FCC) or the Kansas Corporation Commission (KCC). Grantee shall also comply with all applicable laws, statutes and/or City regulations (including, but not limited to those relating to the construction and use of the PROW). (Ord. 20044 § 2, 12-20-16.)