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2002-10-23 CC Packet
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2002-10-23 CC Packet
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<br />Users are not using such capacity and further provided that the Grantee's use does not <br />interfere with use of the I-Net and the DFOI by the City, the Commission, I-Net Users, <br />Dark Fiber Infrastructure Users and/or Additional DFOI Users. Upon receiving oral or <br />written notice from the Commission, the Grantee or a lessee shall immediately cease <br />using the I-Net or the DFOI for any purpose that the Commission, in its sole discretion, <br />determines is interfering with I-Net Users', Dark Fiber Infrastructure Users' and/or <br />Additional DFOI Users' communications. The Grantee or a lessee may appeal any <br />determination concerning I-Net and DFOI interference to the City within ten (10) <br />business days of the date that the requisite notice is received by the Grantee. Any such <br />appeal shall: (i) be in writing; (ii) list the reasons that the Commission's determination <br />regarding interference with I-Net Users', Dark Fiber Infrastructure Users' and/or <br />Additional DFOI Users' communications is incorrect; and (iii) include any other <br />information the Grantee or a lessee wishes the City to consider. Within forty-five (45) <br />calendar days of receiving a written appeal under this paragraph, the City shall: (i) <br />determine whether the Commission's conclusion that the Grantee or a lessee was <br />interfering with I-Net Users', Dark Fiber Optic Infrastructure Users' and/or Additional <br />DFOI Users' communications was justified; and (ii) inform the Grantee or a lessee in <br />writing of its findings. Use of the I-Net and the DFOI by the City, the Commission, I-Net <br />Users, Dark Fiber Infrastructure Users and Additional DFOI Users shall, at all times, <br />have priority over any usee s) by the Grantee or any lessee. The Grantee or a lessee shall <br />terminate its use of any capacity on the I-Net or the DFOI within three (3) months after <br />receiving notice from the Commission that the City, the Commission, or any I-Net User, <br />Dark Fiber Infrastructure User or Additional DFOI User has determined to use such <br />capacity. Any agreement entered into by the Grantee and a third party for the lease ofI- <br />Net or DFOI capacity shall be subject to the terms and conditions ofthis Franchise. <br /> <br />7.4 I-Net and DFOI Performance Standards. <br /> <br />The Grantee shall operate and maintain the I-Net and the DFOI in accordance with the <br />technical and performance standards set forth in Exhibit B (I-Net and DFOI Performance <br />Standards), which is made a part hereof. Upon request, the Grantee shall provide the <br />City, or its designee, with reports of the performance of the I-Net and DFOI and the <br />Grantee's compliance with the aforementioned technical and performance standards. <br /> <br />7.5 Institutional Network and DFOI Security. <br /> <br />The Grantee and the City shall at all times use reasonable efforts to protect the security of <br />the Institutional Network and the DFOI. For purposes of this paragraph, "to protect <br />security" means to protect those physical elements of the Institutional Network and the <br />DFOI under the party's direct control from unauthorized intrusion, signal theft, <br />tampering, wiretapping or other actions that might: (i) compromise the integrity of or <br />degrade the signals carried over the Institutional Network and/or the DFOI; or (ii) result <br />in the unauthorized interception and disclosure of information. <br /> <br />41 <br />
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