Ord. #73 - Cable Franchise - Laserfiche WebLink

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4.1.11. The Grantee shall not assert or otherwise raise any claim before a court of competent jurisdiction or any administrative agency alleging that, as of the Effective Date of this Franchise, the minimum System design and performance requirements set forth in this Franchise are unenforceable under or inconsistent with then current applicable laws or regulations, or any orders, rules or decisions of the FCC. 4.2 System Construction Timetable. 4.2.1 Grantee shall complete all construction related to the System Upgrade and shall fully activate the upgraded System no later than July 15, 2004. The Grantee shall provide, where reasonably feasible, for phased activation launches of the subscriber network. Failure to timely complete construction of the System Upgrade shall be a violation of this Franchise. 4.2.2 Within ninety (90) days after the Effective Date of this Franchise, the Grantee shall commence application for necessary permits, licenses, certificates and authorizations which are required in the conduct of its business. 4.2.3 Within ninety (90) days after the Effective Date of this renewed Franchise, Grantee shall commence System preliminary construction, walkout, electronic design, fiber design, and other associated System Upgrade and construction steps, and shall give written notice to the City and the Commission upon commencement of such activities. 4.2.4 All construction shall be performed in accordance with applicable laws, procedures, standards and regulations, except where specifically waived by the City. 4.2.5 The Grantee shall provide the City and the Commission with notice prior to commencement of steps of the System Upgrade in which possible service disruptions or physical construction activities may occur, including but not limited to: (i) tap pedestal replacements; (ii) amplifier/line extender pedestal replacements; (iii) underground duct replacement; (iv) overlashing of aerial fiber optic lines; and (v) underground placement or replacement of coaxial cables. 4.2.6 Upon completion of the System Upgrade initial design, the Grantee shall make available to the City and the Commission for review, on a confidential basis, a concise description of the facilities proposed to be erected or installed, and subscriber network design prints/map(s), which shall include at least the following elements: (i) trunk and feeder design; (ii) fiber routes; (iii) Node locations; (iv) standby power supply locations; and (v) areas of the City to be served by each Node. 21