2002-10-23 CC Packet - Laserfiche WebLink

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Users are not using such capacity and further provided that the Grantee's use does not interfere with use of the I-Net and the DFOI by the City, the Commission, I-Net Users, Dark Fiber Infrastructure Users and/or Additional DFOI Users. Upon receiving oral or written notice from the Commission, the Grantee or a lessee shall immediately cease using the I-Net or the DFOI for any purpose that the Commission, in its sole discretion, determines is interfering with I-Net Users', Dark Fiber Infrastructure Users' and/or Additional DFOI Users' communications. The Grantee or a lessee may appeal any determination concerning I-Net and DFOI interference to the City within ten (10) business days of the date that the requisite notice is received by the Grantee. Any such appeal shall: (i) be in writing; (ii) list the reasons that the Commission's determination regarding interference with I-Net Users', Dark Fiber Infrastructure Users' and/or Additional DFOI Users' communications is incorrect; and (iii) include any other information the Grantee or a lessee wishes the City to consider. Within forty-five (45) calendar days of receiving a written appeal under this paragraph, the City shall: (i) determine whether the Commission's conclusion that the Grantee or a lessee was interfering with I-Net Users', Dark Fiber Optic Infrastructure Users' and/or Additional DFOI Users' communications was justified; and (ii) inform the Grantee or a lessee in writing of its findings. Use of the I-Net and the DFOI by the City, the Commission, I-Net Users, Dark Fiber Infrastructure Users and Additional DFOI Users shall, at all times, have priority over any usee s) by the Grantee or any lessee. The Grantee or a lessee shall terminate its use of any capacity on the I-Net or the DFOI within three (3) months after receiving notice from the Commission that the City, the Commission, or any I-Net User, Dark Fiber Infrastructure User or Additional DFOI User has determined to use such capacity. Any agreement entered into by the Grantee and a third party for the lease ofI- Net or DFOI capacity shall be subject to the terms and conditions ofthis Franchise. 7.4 I-Net and DFOI Performance Standards. The Grantee shall operate and maintain the I-Net and the DFOI in accordance with the technical and performance standards set forth in Exhibit B (I-Net and DFOI Performance Standards), which is made a part hereof. Upon request, the Grantee shall provide the City, or its designee, with reports of the performance of the I-Net and DFOI and the Grantee's compliance with the aforementioned technical and performance standards. 7.5 Institutional Network and DFOI Security. The Grantee and the City shall at all times use reasonable efforts to protect the security of the Institutional Network and the DFOI. For purposes of this paragraph, "to protect security" means to protect those physical elements of the Institutional Network and the DFOI under the party's direct control from unauthorized intrusion, signal theft, tampering, wiretapping or other actions that might: (i) compromise the integrity of or degrade the signals carried over the Institutional Network and/or the DFOI; or (ii) result in the unauthorized interception and disclosure of information. 41