(1) Upon an award of a franchise, and the subsequent execution of the franchise agreement, an MCS provider required to obtain and maintain a franchise may construct, erect, install, maintain, operate, repair, replace, remove, or restore a multi-channel system within the geographical limits set forth in the franchise agreement.

(2) The franchised multi-channel system may be located in, upon, along, across, over, and under the streets, rights-of-way, easements, and public ways of the City.

(3) If necessary, the responsibility of obtaining easements for private property (including privately owned utility or street light poles) shall be that of a franchised MCS provider.

(4) Before attaching to a public or private utility pole or facility, a franchised MCS provider, shall obtain a separate pole attachment, joint facility use or utility easement agreement with an affected utility, including, where applicable, Provo City Power. This provision specifically includes MCS providers classified as cable operators.

(5) Certain City easements and rights-of-way may be prescriptive in nature, and nothing in this ordinance extends permission to use the easement or right-of-way beyond the extent that the City may have acquired , and such easements and rights-of-way may be subject to third party prior or after acquired interests. MCS providers are cautioned to examine each individual easement and right-of-way and the legal arrangement between the City and adjacent property owners.

(6) The City assumes no duty or obligation to defend any interest in any easement or right-of-way and the MCS provider remains solely responsible to make any arrangements required as a result of other persons claiming an interest in the City easement or right-of-way.