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<br />. Convenience and Necessity received from the PUG. . The. type of service RCN <br /> <br />offers to its customers through the Fiber Optic Network Facilities in Public Right- <br /> <br />of-Way consists of business and residential Telecommunications Services which <br /> <br />are presently permitted by Law. If the nature or character of RCN's service <br /> <br />changes to include additional or alternative services, including but not limited to, <br /> <br />community antenna television systems, , not included in the Open Video System <br /> <br />("OVS") agreement which is currently being negotiated between City and RCN, <br /> <br />RCN shall give City as much advance written notice as practicable, and will give <br /> <br />at least six (6) months' prior written notice of the intent to change the service <br /> <br />provided by way of the Fiber Optic Network Facilities installed under this <br /> <br />Agreement and pursuant to the OVS Agreement.. RCN acknowledges that any <br /> <br />expansion or change in the character or nature of the Telecommunications <br /> <br />Services may increase City's regulatory authority over such services. <br /> <br />The <br /> <br />expansion or change in services may require RCN to enter into a new Agreement <br /> <br />with City consistent with the requirements of a hereinafter-enacted City ordinance <br /> <br />which may regulate such services or the expansion or change in services, if such <br /> <br />expansion or change in services falls under the lawful regulation, jurisdiction or <br /> <br />authority of City. Notwithstanding anything to the contrary herein, RCN shall not <br /> <br />commence the use of its Open Video System until the OVS agreement between <br /> <br />City and RCN has been executed by both parties thereto. <br /> <br />6. No Franchise Riahts Created. <br /> <br />Nothing in this Agreement shall be <br /> <br />Agmt-245 <br />G\sh ared\sh ared\Redwood\ Co unci I <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />9 <br /> <br />..."..-.....~....._---_. .--.-T.--_u,..-.,....".-.. <br />