requirements specified by the City; and should the Franchisee fail, refuse or neglect to comply with such notice, such property or part thereof may be removed, altered or relocated by the City at the sole cost of the Franchisee and the City shall not be liable to the Franchisee for damages resulting from such removal, alteration or relocation. The Franchisee agrees, as a condition to this Agreement, that it will do everything reasonably necessary, in a timely manner, to prevent any delays in the City’s construction projects and pay all costs of delays incurred by the City which result directly from Franchisee’s actions.
Franchisee shall develop, construct and operate a System capable of providing non-video services such as high-speed data transmission, Internet access, and Other Programming Services.
The Franchisee shall, pursuant to Section 10.27.720, provide Cable Service to all areas of the City. Access to Cable Service shall not be denied to any group of potential cable Subscribers because of the income of the potential cable Subscribers or the area in which such group resides.
Franchisee shall extend the System to any area annexed to the City after the date of the Franchise, when dwellings can be served by extension of the System past dwellings equivalent to a density of four (4) dwellings per one-quarter (1/4) mile of cable contiguous to the System. Franchisee may petition the City for a waiver of this requirement, such waiver to be granted for good cause shown. Such extension shall be at Franchisee’s cost. In areas not meeting the requirements of four (4) or more dwellings per one-quarter (1/4) mile, for mandatory extension of Service, Franchisee shall provide, upon the request of any potential Subscribers desiring Service, an estimate of the costs required to extend Service to such Subscribers. Franchisee shall then extend Service upon request and upon payment of an amount equal to the proportional cost of such extension determined by multiplying the cost of such extension by a fraction with a denominator of four (4) and a numerator equal to four (4) less the number of dwellings per one-quarter (1/4) mile of the particular area to be wired. Any customer Drop not exceeding one hundred fifty (150) feet from the Feeder Line to the customer’s dwelling will be free of charge to the customer other than normal Installation fees. For drops in excess of one hundred fifty (150) feet, Franchisee may assess an amount equal to fifty (50) percent of Installation costs for the distance in excess of one hundred fifty (150) feet.
All final programming decisions remain the discretion of Franchisee in accordance with this Franchise, provided that Franchisee notifies City and Subscribers in writing thirty (30) days prior to any Channel additions, deletions, or realignments, and further subject to Franchisee’s signal carriage obligations hereunder and pursuant to 47 U.S.C. § 531-536, and further subject to City’s rights pursuant to 47 U.S.C. § 545. Location and relocation of the PEG Channels shall be governed by Section 16 and Exhibit B.
Pursuant to Chapter 10.27 Franchisee, in accordance with the authority granted the City by 47 U.S.C. §545, agrees that it will not eliminate any of the broad categories of programming promised and noted above without first obtaining the written approval of the