Ordinance - #01-03 - 02/13/2001 - Laserfiche WebLink

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channels on the System that may be lawfully overridden (subject to any contractual or other rights of broadcasters) without the assistance of the Grantee, for emergency broadcasts from a location designated by the City. 4.1.9 During the design, walkout and preliminary construction activities related to the System Upgrade, the Grantee shall seek to identify the non-video interests of the business community within the City and shall seek to quantify business community demand for non-video services. Prior to making any final determination of such demand, the Grantee shall solicit input from the City regarding the location of business corridors that may desire such services. The Grantee shall, in connection with the System Upgrade, install conduit adequately sized to address future System rebuilds or System additions, with the intent to obviate the need to reopen the Rights-of-Way for construction and installation work. 4.1.10 The City may request, as part of the System Upgrade, that the Grantee remove from the Rights-of-Way, at its own expense, existing equipment, plant and facilities that will not be used in the future, whether activated or not. If any unused or deactivated equipment remains in Rights-of-Way after such City request and the Grantee's reasonable opportunity to remove, the City may remove such plant, facilities and equipment at the Grantee's expense. The Grantee may appeal any request to remove existing equipment, plant and facilities to the City Council and thereby stay City action until a final decision is issued by the City Council. In the event existing facilities, plant and equipment are left underground in the Rights-of-Way, the City may require the Grantee to provide accurate maps showing the location and the nature of the deactivated or unused facilities, plant and equipment, if such information has not already been provided to the City. 4.1.11 The Grantee shall not assert or otherwise raise any claim before a court of competent jurisdiction or any administrative agency alleging that, as of the Effective Date of this Franchise, the minimum System design and performance requirements set forth in this Franchise are unenforceable under or inconsistent with then current applicable laws or regulations, or any orders or decisions of the FCC. 4.2 High-Speed Services. 4.2.1 To the extent the Grantee can lawfully provide high-speed Intemet service via the System as a Cable Service, the System shall provide such a service if the System is technically capable of providing that service. 4.2.2 The Grantee shall offer one (1) free residential Cable Modem or its equivalent and free monthly Cable Modem service, including Intemet access, to the following entities if they cannot use the Institutional Network for high-speed data transmission or Intemet access: (i) each elementary and secondary school located in City that is passed by the cable distribution network; and (ii) all governmental 20