§ 2. Grant.

(a)This contract franchise ordinance hereby grants to SBC Kansas, a Telecommunications Local Exchange Service Provider providing Local Exchange Service within the City, the non-exclusive contract, right, privilege, and franchise to construct, maintain, and operate Facilities along, across, upon and under the Public Right-of-way for the purpose of providing telecommunications services.

(b)

This contract franchise ordinance shall not convey title, equitable or legal, in the Public Right-of-Way, and gives only the right to occupy Public Right-of-Way, for the purposes and for the period stated herein.

(c)

This contract franchise ordinance does not provide SBC Kansas the right to provide "Cable Service" to the City and inhabitants thereof. For purposes of this ordinance, "Cable Service" is defined as the one-way transmission to subscribers of video programming or other programming services, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service; but "Cable Service" does not include point to point, point to multi-point, and switched video services that SBC Kansas has historically offered or other similar services that SBC Kansas may in the future offer. Nothing in this contract franchise ordinance is intended to preclude the City from seeking, or authorize the City to seek, a franchise from any subsidiary, affiliate, or third party providing "Cable Services." SBC Kansas and City agree that nothing in this franchise is intended to authorize the City to seek from SBC Kansas nor to require SBC Kansas to obtain a franchise to offer "Open Video Systems" as that term is used in section 653 of the Telecommunications Act of 1996 (codified at 47 U.S.C. 573). SBC Kansas and City further agree, however, that this ordinance does not authorize SBC Kansas to offer "Open Video Systems" without paying a franchise fee on the gross revenues of the system operator for the provision of cable service in lieu of a franchise fee, pursuant to and in the manner described in 47 U.S.C. 573(c)(2)(b) and without complying with FCC regulations promulgated pursuant to 47 U.S.C. 573.