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Channel for Access purposes. In response to the request, the City will consider a combination of <br /> factors, including but not limited to, the community's needs and interests, and the source, quantity, <br /> type and schedule of the programming proposed to be carried on the Access Channel as well as the <br /> Designated Access Provider's ability and resources to acquire or produce the proposed Access <br /> programming. The City will also consider, taking into account the mission of the Access <br /> programming, whether it is feasible for the Designated Access Providers to cluster Access <br /> programming into blocks of time such that the Channel space can be compatibly shared between <br /> the Designated Access Provider and the Grantee and/or if several Designated Access Providers can <br /> combine their programming onto a single Access Channel. The City shall render its decision <br /> regarding the matter within sixty (60) days of receiving the request. Should the City find that the <br /> evidence exists to support the return of the Access Channel or portion of the Access Channel to the <br /> Designated Access Provider, then Grantee shall surrender the Access Channel or requested time on <br /> the Access Channel as applicable within ninety(90)days of receiving the decision. The Designated <br /> Access Provider's request shall not be unreasonably denied. <br /> 9.7 Additional Access Channels <br /> Upon completion of the Cable System upgrade, Grantee shall, at the request of the City, <br /> provide and activate, at Grantee's expense, up to six (6) additional Access Channels, for a <br /> maximum of eight (8) Access Channels. Any requests beyond the foregoing for additional Access <br /> Channels shall be governed under the procedures specified below. <br /> If a Designated Access Provider believes that additional Access Channel capacity is needed, <br /> the Designated Access Provider may file a request with the City. In its deliberations, the City will <br /> consider supply and demand, and, in particular, the ability and resources of the Designated Access <br /> Provider to produce additional Access programming,the interest of the community in the additional <br /> Access programming as measured through a survey methodology that is mutually acceptable <br /> between the City and the Grantee, consideration of the programming that would be displaced, how <br /> much programming is produced on the existing Access Channels in the Seattle metropolitan area, <br /> how much programming on the existing Access Channels is repeated, how much programming on <br /> the existing Access Channels is character-generated, whether it is feasible for the Designated <br /> Access Providers to cluster Access programming into blocks of time such that space on several <br /> Channels can be compatibly shared between multiple Designated Access Providers, and if several <br /> Designated Access Providers should combine their programming onto a single Access Channel. <br /> Should the City find that the evidence exists to support the activation of an additional <br /> Access Channel or Channels, then the City shall provide its decision in writing and Grantee shall <br /> provide the Access Channel(s) within ninety (90) days of receiving the request. Grantee may <br /> appeal the decision to the City Council. <br /> 9.8 Access Channels On Basic Service <br /> All Access Channels provided to Subscribers under this Franchise shall be included by <br /> Grantee,without limitation, as a part of Basic Service. <br /> Page 32 of 58 <br />