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