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RCN shall extend its optical fiber plant to the utility pole serving the AT&T <br /> Broadband node and provide an extended fiber length of approximately Two <br /> Hundred Sixty Five (265) feet (the distance between the utility pole and AT&T <br /> Broadband's node), so that RCN fiber can be pulled through AT&T Broadband's <br /> underground conduit to the node. Any alternative location and manner of splicing <br /> that is mutually agreeable to AT&T Broadband and RCN shall be considered <br /> acceptable. <br /> <br />6. Upon the completion of the splice and interconnection of paragraph 5, the LFA's <br /> will assume full operational control of the signals on the optical fiber, for the <br /> purpose of transmitting PEG Access signals either from or to the Peninsula TV <br /> facility, or to and from other sources of PEG Access programming within the LFA <br /> jurisdictional areas. Such control includes the responsibility for acquiring and <br /> installing appropriate electronics and interface equipment for one-way and two- <br /> way transmission. <br /> <br />7. AT&T Broadband shall provide the LFA's with an aggregate grant of Fifteen <br /> Thousand Dollars ($15,000) as a one-time contribution toward the <br /> implementation and activation of the interactive PEG Access distribution system. <br /> AT&T Broadband shall not recover the Fifteen Thousand Dollars ($15,000) <br /> through a regulated rate or as a separately itemized charge on subscriber bills. <br /> <br />8. AT&T Broadband shall retain ownership of the leased fiber, and shall maintain <br /> the integrity of the fiber path for the entire term of the lease, at no cost to the <br /> LFA's, SAMCAT or AT&T Broadband cable system subscribers. <br /> <br />9. To the extent that AT&T Broadband performs pursuant to the terms of this MOU, <br /> the LFA's will accept such performance as meeting the functional requirements of <br /> the interconnection requested in SAMCAT's letters to AT&T Broadband dated <br /> October 12, 2001 and March 28, 2002, and also meeting the intent of the <br /> interconnection requirements of the LFA franchise agreements. The LFA's agree <br /> not to raise interconnection for PEG Access transport as an alleged franchise <br /> violation in the pending change of control approval process as of the date of <br /> execution of this MOU. <br /> <br />10. In the event the interconnection between RCN and San Bruno or the splice and <br /> interconnection being provided pursuant to this MOU cease to carry interactive <br /> and/or one-way PEG Access programming or are disabled because RCN, and its <br /> successors or assigns, has abandoned its system and no longer is providing <br /> service, SAMCAT or the LFA's may terminate the lease of the optical fiber and <br /> request an interconnection to the San Bruno Cable Television system from AT&T <br /> Broadband or its successors or assigns pursuant to their franchises. AT&T <br /> Broadband reserves its rights with respect to any such request. <br /> <br />11. This MOU shall be binding on the successors and/or assigns of AT&T <br /> Broadband. <br /> <br /> <br />