§ 8. USE OF PUBLIC STREETS AND WAYS, CITY AND GRANTEE FACILITIES.

(a)

Public streets and ways. For the purpose of operating and maintaining a cable communications systems in the City, the Grantee may erect, construct, repair, replace, reconstruct and/or retain in, or over, under, upon, across and along the public streets and ways within the City such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary to the operation of the cable communications system; provided however, that the Grantee complies with all design, the franchise agreement and other applicable franchise, including the City Code of Ordinances, as amended.

(b)

Grantee facilities. No poles shall be erected by the Grantee without prior approval of the City with regard to location, height, type and any other pertinent aspect. However, no location of any pole of the Grantee shall be a vested right, and such poles shall be removed or modified by the Grantee at its own expense whenever the City determines the public convenience would be enhanced thereby. The Grantee shall utilize existing poles and conduits, where possible. The City shall have the right, during the life of the franchise, to install and maintain upon the poles owned by the Grantee, at fair market value, any wire and pole fixture that do [does] not reasonably interfere with the cable system operations of the Grantee.