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D. Franchise Characteristics. 1. A Franchise authorizes use of Public Right -of-Ways for installing, operating, and maintaining cables, wires, lines, optical fiber, underground conduit, and other devices necessary and appurtenant to the operation of a Cable system within a Franchise Area, but does not expressly or implicitly authorize a Franchisee to provide service to, or install a Cable System on private property without owner consent through eminent domain or otherwise (except for use of compatible easements pursuant to and consistent with Section 621 of the Cable Act, 47 U.S.C.§ 541(a) (2), or to use publicly or privately owned poles, ducts or conduits without a separate agreement with the owners. 2. A Franchise shall not mean or include any franchise, license, or permit for the privilege of transacting and carrying on a business within the City as generally required by the ordinances and laws of the City other than this cable Communications Regulatory Code, or for attaching devices to poles or other structures whether owned by the City or other Persons, or for excavating or performing other work in or along Public Right-of-Ways subject to applicable federal and state law. A franchise shall not confer any implicit rights other than those mandated by federal, state or local law. 3. A Franchise is non-exclusive and will not explicitly or implicitly preclude the issuance of other Franchises to operate Cable Systems within the City; affect the City's right to authorize use of Public Right-of -Ways by other persons to operate Cable Systems or for other purposes as it determines appropriate; or affect the City's right to itself construct, operate, or maintain a Cable System, with or without a Franchise. 4. Once a Franchise Agreement has been accepted and executed by the City and a Franchisee, such Franchise Agreement shall constitute a valid and enforceable contract between the Franchisee and the City, and the terms, conditions, and provisions of such Franchise Agreement, subject to this Ordinance and all other duly enacted and applicable laws, shall define the rights and obligations of the Franchisee and the City relating to the Franchise. 5. All privileges prescribed by a Franchise shall be subordinate to any prior lawful occupancy of the Public Right-of-Ways, and the City reserves the right to reasonably designate where a Franchisee's facilities are to be placed within the Public Right-of-Ways through its generally applicable