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Convenience and Necessity received from the PUC. The type of service BFC <br />offers to its customers through the Fiber Optic Network Facilities in Public Right- <br />of-Way consists of business and residential Telecommunications Services which <br />ara prasently permitted by law. If the natura or character of BFC's service <br />changes to include additional or alternative services, including but not limited to, <br />community antenna television systems commemial video programming, or Open <br />Video Systems ("OVS"), BFC shall give City as much as advance written notice <br />as practicable, and will give at least six (6) months prior notice, of its intent to <br />change the service provided by way of the Fiber Optic Network Facilities installed <br />under this Agraement, and comply with the City's lawful fee and/or franchise <br />raquirements. BFC acknowledges that any expansion or change in the character <br />or nature of the Telecommunications Services may increase City's regulatory <br />authority over such services, and this may raquira BFC to enter into a new <br />Agreement consistent with the raquirements of a hereinafter-enacted City <br />ordinance regulating such services or the expansion or change in services, if such <br />service changes fail under the lawful regulation, jurisdiction or authority of City. <br /> <br /> 6. No Franchise Ri,qhts Created. Nothing in this Agreement shall be <br /> <br />construed as granting or craating any franchise rights. <br /> <br /> 7. Reservation of Riqhts. The City is uncertain as to its legal ability to <br />regulate and to impose taxes, charges and fees on the provision or use of fiber <br />optics infrastructure and technology and related activities and services that may <br /> <br />A~t-052 <br /> <br />04/14/97R <br />o~/o~97~ 9 <br /> <br /> <br />