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<br />6. Safety Requirements. <br /> <br />a. The Grantee shall at all times employ ordinary and reasonable care and <br />shall install and maIntain in use nothing less than commonly accepted <br />methods and devices for preventing failures and accidents which are likely <br />to cause damage or Injuries. <br /> <br />b. The Grantee shall install and maintain its System and other equipment in <br />accordance with City's codes and the requirements of the National Electric <br />Safety Code and all other applicable FCC, state and local regulations, and <br />in such manner that they will not interfere with City communications <br />technology related to health, safety and welfare of the residents. <br /> <br />c. All System structures, and lines, equipment and connections in, over, under <br />and upon the Rights-of-Way of City, wherever situated or located, shall at <br />all times be kept and maintained in good condition, order, and repair so <br />that the same shall not menace or endanger the life or property of City or <br />any Person. <br /> <br />SECTION 4. <br /> <br />DESIGN PROVISIONS <br /> <br />I. System Vp~rade: Minimum Channel Capacity. <br /> <br />a. Grantee shall develop, construct and operate for the term of this Franchise <br />a System providing 750 MHz capacity and which is fully activated with the <br />capability of delivering to all Subscribers capable of receiving them a <br />minimum of up to 81 video programmed channels. Construction will be <br />completed and channels activated as described in Exhibit C attached. <br /> <br />b. The System will utilize a hybrid fiber-coaxial architecture as detailed in the <br />Proposal. In addition, the System will be designed with the capability to <br />transmit return signals upstream in the 5 - 40 MHz spectrum which shall <br />be activated as Commercial Need dictates. Finally, in conjunction with the <br />upgrade, Grantee shall replace all existing headend equipment with state-of- <br />the-art standard frequency headend equipment. <br /> <br />c. Grantee shall develop, construct and operate a System capable of providing <br />non-video services such as high-speed data transmission, Internet access, <br />and other competitive services which shall be activated as Marketplace <br />Need dictates. Grantee may use 200 MHz of the total 750 MHz System <br />capacity for the provision of such services. <br /> <br />11 <br />