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<br />1. <br /> <br />2. <br /> <br />3. <br /> <br />4. <br /> <br />5. <br /> <br />regulations, and in such manner that they will not interfere with City <br />communications technology related to health, safety and welfare of the residents. <br /> <br />c. <br /> <br />Cable System structures, and lines, equipment and connections in, over, under and <br />upon the Rights-of-Way of City, wherever situated or located, shall at all times be <br />kept and maintained in good condition, order, and repair so that the same shall not <br />menace or endanger the life or property of City or any Person. <br /> <br />SECTION 4. <br />DESIGN PROVISIONS <br /> <br />Construction: Minimum Channel Capacity. <br /> <br />a. <br /> <br />Grantee shall operate and maintain for the term of this Franchise a System <br />providing a minimum of 750 MHz capacity. Design specifications found in <br />Exhibit C attached hereto are hereby incorporated as part of this Franchise. <br /> <br />b. <br /> <br />The System will utilize a hybrid fiber-coaxial architecture. In addition, the <br />System will be designed with the capability to transmit return signals upstream. <br />In conjunction with any upgrade/construction, Grantee shall use standard <br />frequency headend equipment which is technically necessary to meet FCC <br />technical standards. <br /> <br />Interruption of Service. Grantee shall interrupt Service only for good cause and for the <br />shortest time possible. Such interruption shall occur during periods of minimum use of <br />the System. If Service is interrupted for a total period of more than twelve (12) <br />continuous hours in any thirty (30) day period, Subscribers shall be credited pro rata for <br />such interruption. <br /> <br />Emergency Alert Capability. Grantee shall immediately provide Emergency Alert <br />capability in full compliance with applicable FCC requirements. Grantee and City shall <br />establish procedures for City access to override video and audio on all Channels of the <br />Cable System to provide emergency messages. <br /> <br />Technical Standards. The technical standards used in the operation of the System shall <br />comply, at minimum, with the technical standards promulgated by the FCC relating to <br />Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal <br />Regulations, as may be amended or modified from time to time, which regulations are <br />expressly incorporated herein by reference. In addition, Grantee is subject to the <br />technical standards outlined in Exhibit C attached hereto. <br /> <br />Special Testing. <br /> <br />a. <br /> <br />City shall have the right to inspect and test all construction or Installation work <br />performed pursuant to the provisions ofthe Franchise at its own cost. In addition, <br />City may require special testing of a location or locations within the System on <br />the basis of complaints received indicating noncompliance with FCC technical <br />standards. Grantee shall be afforded due process including notice and opportunity <br /> <br />14 <br />