§ 13-12. Miscellaneous provisions.

(a)

Preemption. If the FCC, or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of the franchise, then to the extent such jurisdiction shall preempt and supersede or preclude the exercise of the like jurisdiction by the franchising authority, the jurisdiction of the franchising authority shall cease and no longer exist.

(b)

Actions of franchising authority. In any action by the franchising authority or representative thereof mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld.

(c)

Notice. Unless expressly otherwise agreed between the parties, every notice or response to be served upon the franchising authority or grantee shall be in writing, and shall be deemed to have been duly given to the required party five business days after having been posted in a properly sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a post office or branch thereof regularly maintained by the U.S. Postal Service.

The notices or responses to the Franchising Authority shall be addressed as follows:

City of International Falls
Attn: City Administrator
600 4 ^th Street
International Falls, MN 56649

The notices or responses to the Grantee shall be addressed as follows:

Midcontinent Communications, Inc.
Attn: Nancy Vogel
3901 N Louise Ave.
Sioux Falls, SD 57107

With a copy to:

Midcontinent Communications, Inc.
Attn: Director of Franchising
3901 N Louise Ave.
Sioux Falls, SD 57107

and a copy to:

Midcontinent Communications
Attn: Legal Department
3901 N Louise Ave.
Sioux Falls, SD 57107

Franchising authority and the grantee may designate such other address or addresses from time to time by giving notice to the other.

(d)

Descriptive headings. The captions to sections contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or interpretation of the text herein.

(e)

Severability. If any section, sentence, paragraph, term or provision hereof is determined to be illegal, invalid or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the franchise or any renewal or renewals thereof.

(Ord. No. 12, 5th Series, § 2(12.1—12.5), 5-19-14)