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• <br /> • <br /> • <br /> , <br /> and other interested agencies of the grantor and the officials thereof. <br /> (c) Whenever grantee shall contemplate laying underground said <br /> coaxial cable or erecting poles for the carrying thereof above the ground <br /> in any street, avenue, alley, highway or other public place within the <br /> present or future corporate limits of the grantor, grantee shall file <br /> with the City Engineer a map showing the proposed location thereof in <br /> such street, avenue, alley, highway or other public place by surveyed <br /> measurements and shall further file within a reasonable time hereafter <br /> a map showing by surveyed measurements the present location of now <br /> existing coaxial cable. If the location proposed does not interfere <br /> with the existing or contemplated sewers, water or other public or private <br /> utilities or otherwise interfere with the grantor's right-of-way,said <br /> Engineer shall approve said map and the same shall thereafter be considered <br /> the official location of said coaxial cable or conduits, but if said <br /> proposed location would interfere with said existing or contemplated <br /> sewers, water pipes or other public utilities, said Engineer shall within <br /> fifteen (15) days after the filing of said map, furnish the grantee with <br /> data by which a map of location of such mains and pipes may be filed. <br /> (d) Whenever the prosecuting of any public work by the grantor shall <br /> involve the establishment or change of any grade, (established or otherwise), <br /> sewer, water pipe or other municipal public facility or utility and the <br /> same shall cross and/or require change of any conduit, cable or apparatus <br /> located in any street, avenue, alley, highway or other public place under <br /> and by virtue of any ordinance, the same shall be changed by the grantee <br /> at its own expense after reasonable notice in writing (of not less than <br /> 15 days) to make the changes from the City Engineer. <br /> Section 3: At all times during the term of this franchise grantee shall <br /> promptly and without discrimination furnish to grantor and its successors <br /> and persons and corporations inhabitant thereof who request the same and <br /> agree to abide by grantee's reasonable rules and regulations, television <br /> reception commensurate with that which is available under any obtainable <br /> coaxial cable system, and shall acquire, construct, maintain, equip and <br /> operate all necessary facilities for the reception, transmission and <br /> distribution and sale of television signals for the benefit and convenience <br /> of grantor and its inhabitants and shall make prompt extensions to existing <br /> facilities as may be required by one or more customers or prospective customers, <br /> provided that if the revenues to be derived from such extensions shall not <br /> afford a fair and reasonable return on the costs of providing and rendering <br /> the required service, then grantee is permitted to and is hereby authorized <br /> to exact from such customers or customer such cash advances, minimum guarantees, <br /> service guarantees or other arrangements as will enable grantee to earn a <br /> fair and reasonable return on the cost of providing and rendering the required <br /> service. <br /> Section 4: The grantee shall have the right to charge and collect <br /> compensation from all persons to whom it shall furnish TV antenna service, <br /> PROVIDED, that all rates charged shall be reasonable. The grantor has <br /> approved the rates that the grantee charges subscribers for installation of <br /> equipment and regular subscriber services. No increases in rates charged <br /> by the grantee shall be made except as authorized by the grantor after an <br /> appropriate proceeding affording due process. <br /> If the grantee desires to increase its rates, it shall file with the <br /> City Clerk its proposed rate schedule and the effective date thereof, which <br /> shall be not less than sixty days from the date of filing. The City Council <br /> shall call a hearing concerning such proposed change and the unreasonableness <br /> and justness thereof. Pending such hearing and the decision thereon the <br /> City Council may suspend the operation of such new rates for a period not <br /> exceeding four months from the time the same would otherwise go into effect <br /> and after a full hearing the Council may make such findings and order with <br /> reference thereto as it deems just and reasonable. The burden of proof <br /> to show that such increase is just and reasonable shall be upon the grantee. <br /> -2- <br />