§ 2. Grant.  

Latest version.
  • This ordinance shall pertain to KINNET's construction, maintenance, and operation of its facilities for a fiber optic telecommunication system in the City in, through and along that right-of-way which is part of the route described in Attachment "A" hereto as contemplated by this ordinance on a non-exclusive basis for the full term hereof; subject, however, to the terms and conditions herein set forth.

    The grant under this ordinance specifically excludes the right to provide local "telephone exchange service" as defined by 47 U.S.C. § 153(47) and open video systems or cable service as defined by the Telecommunications Act of 1996 to customers within the City, and further excludes the right within the City to provide local telecommunications services for a fee directly to the public or to such classes of users as to be effectively available directly to the public. In the event that KINNET shall in the future provide such service or derive revenue from such service within the City of Wichita, KINNET shall apply to the City for the right and privilege to provide such service in accordance with the laws of the State of Kansas. KINNET represents that at the present time it is not providing such excluded services in the City of Wichita.