Ordinance 2613-02 - Laserfiche WebLink

upgrade design provided that the same technical benefits in reliability and picture quality are attained. The Cable System shall be capable of supporting video, audio and Cable Internet Service (to the extent the latter is considered a Cable Service pursuant to applicable law). Upon completion of the upgrade, the Cable System shall be capable of delivering two hundred (200) Channels of video programming services to Subscribers, provided that the Grantee reserves the right to use the bandwidth in the future for other uses based on market factors. When Grantee has completed the Cable System upgrade throughout the City, Grantee shall send written notice to the City. The City shall have ninety(90) days from receipt of such notice to verify the records kept by the Grantee regarding the completion of the Cable System bandwidth expansion, and to complete such technical inspections as may be reasonably necessary to verify that the other components of the upgrade are complete(including,but not limited to, construction of the Institutional Network, if applicable). The City may require the Grantee to provide additional facts and information, in its reasonably exercised discretion, necessary to verify the completion of the upgrade. Upon its completion of this review and inspection, the City shall notify the Grantee in writing of the City's position concerning the completion of the upgrade. (B) Term Extension. Grantee shall receive a two (2) year term extension if the Cable System upgrade is timely completed within eighteen (18)months of the Effective Date, or a one (1) year term extension if the Cable System upgrade is completed within twenty-four (24) months of the Effective Date. The City shall grant the term extension contingent upon its verification of the upgrade completion as provided above. (C) Tnitial Term Reduction. If Grantee does not complete the upgrade of the Cable System specified herein within thirty-six (36)months of the Effective Date, then the initial ten(10) year term may be reduced, at the discretion of the City, by up to two (2) years. The City shall provide Grantee with written notice of its decision regarding an initial term reduction,if applicable. (D) Equipment must be installed so that all closed captioned programming received by the Cable System shall include the closed caption signal so long as the closed caption signal is provided consistent with FCC standards. Equipment must be installed so that all signals received in stereo are retransmitted in stereo. (E) Grantee shall submit to the City each phase of its Cable System upgrade design, as completed, and before construction begins on each phase, in accordance with the City's permitting process. If Grantee claims any portion of the information required is a business or trade secret or proprietary information and wishes to protect such information against disclosure, then Grantee may invoke the procedures provided for under subsection 7.2 Confidentiality of this Franchise. (F) Grantee and the City shall meet, at the City's request, to discuss the progress of the upgrade design plan and construction. (G) Grantee's construction decisions shall be based solely upon legitimate engineering decisions and shall not take into consideration the income level of any particular community within the Franchise Area. Page 43 of 58