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1 <br /> i, <br /> g. Grantee shall use its best efforts to give reasonable prior notice to any <br /> adjacent private property owners who will be negatively affected or impacted by <br /> Grantee's work in the Rights-of-Way. <br /> 4. Undergrounding of Cable. Unless otherwise required by action of City Council, <br /> Grantee must place newly constructed facilities underground in areas of City where all other <br /> utility lines are placed underground. Amplifier boxes and pedestal mounted terminal boxes may <br /> be placed above ground if existing technology reasonably requires, but shall be of such size and <br /> design and shall be so located as not to be unsightly or unsafe, all pursuant to plans submitted <br /> with Grantee's permit application(s)and approved by City. <br /> 5. Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted <br /> terminal boxes, similar structures, or other wire-holding structures shall be erected or installed by <br /> the Grantee without required permit of City. <br /> 6. Safetyequirements. <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 methods and <br /> devices for preventing failures and accidents which are likely to cause damage or injuries. <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 Safety Code <br /> and all other applicable FCC, state and local regulations, and in such manner that they <br /> will not interfere with City communications technology related to health, safety and <br /> welfare of the residents. <br /> C. All System structures, and lines, equipment and connections in, over, <br /> under and upon the Rights-of-Way of City, wherever situated or located, shall at all times <br /> be kept and maintained in good condition, order, and repair so that the same shall not <br /> menace or endanger the life or property of City or any Person. <br /> SECTION 4. DESIGN PROVISIONS <br /> 1. System Capabilities; Minimum Channel Capacity. <br /> a. Grantee shall maintain, upgrade, and operate the Cable System consistent <br /> with the capabilities of at least a 750MHz cable system and applicable industry standards. <br /> b. All final programming decisions remain the discretion of Grantee but the <br /> Cable System shall generally made available a broad range of programming of interest to <br /> the community, provided that Grantee notifies City and Subscribers in writing thirty (30) <br /> days prior to any channel deletions or realignments, and further subject to Grantee's <br /> signal carriage obligations hereunder and pursuant to 47 USC §§ 531-536, and further <br /> subject to City's rights pursuant to 47 USC § 545. Location and relocation of the PEG <br /> Channels shall be governed by Section 6.1(c) (Public, Educational and Governmental <br /> Access). <br /> 12 <br />