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2007-09-26 CC Packet
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2007-09-26 CC Packet
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<br />DRAFT <br /> <br />4.4.4.2 <br /> <br />In the event the number of Subscribers in a particular area of the <br />City reaches the density specified in Section 4.4.3.2 within three <br />(3 J years from the date construction of the extension is completed, <br />the Grantee shall return to the then existing Subscribers, pro rata, <br />the full amount of their contributions lor the extension. <br /> <br />4.4.5 Except as otherwise provided herein, the Grantee shall be given a reasonable period of <br />time to construct and activate cable plant to service annexed or newly developed areas <br />located within the Franchise Area, but in no event shall the applicable timeli'ame exceed <br />twclve (12) months from notice thercof by the City to Grantee, and qualilieation of the <br />area requesting service pursuant to Section 4.4.3.2. Nothing in this paragraph shall be <br />constlUed to limit or otherwise modily the requirement set lorth in subsection 4.4.2. <br /> <br />4.5 Svstem Maintenance. <br /> <br />4.5.1 The Grantee shall intemlpt Cable Service only 101' good cause and lor the shOltest <br />time possiblc. Such interruption shall occur during pcriods of minimum usc of <br />the System. The Grantee shall use its best efforts to provide the Commission with <br />at least twenty-four (24) hours prior notice of a planned service interruption, <br />except for a planned service interruption which will have a minimal impact on <br />Subscribers, usually meaning affecting less than one hundred (100) Subscribers or <br />less than a fifteen (15) minute inten'uption. <br /> <br />4.5.2 Maintenance of the System shall be performed in accordance with the technical <br />perlormance and operating standards established by FCC rules and regulations. <br />Should the FCC choose to abandon this field and does not preempt the City's <br />~nlry into this lield, the City may adopl such technical perlormance and operating <br />standards as its own, and the Grantee shall comply with them at aI/limes. <br /> <br />4.6 SYStem Tests and Insoections: SDecial Testin!!. <br /> <br />4.6.1 Grantee shall perform all tests necessary to demonstrate compliance with the <br />requirements ofthe Franchise and other performance standards established by law <br />or regulation. <br /> <br />4.6.2 The City and the Commission shal/ have the right to inspect all construction or <br />installation work perlormed pursuant to the provisions of the Franchise. [n <br />addition, the City and/or the Commission may require special testing of a location <br />or locations within the System if there is a particular matter of controversy or <br />unresolved complaints regarding System construction. operations 01' installation <br />work pertaining to such 10cation(sJ. Such tests shall be limited to the particular <br />matter in controversy. The City and/or the Commission shall endeavor to so <br /> <br />26 <br /> <br />~/ <br />
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