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and equipment from time to time as is necessary for maintenance and repair.  Rules governing the scheduling of studio and equipment shall be submitted as part of the rules provided for in subsection (H)(3) above.

(I)

Franchisee’s obligations under subsections (A) through (H) above shall be at its sole cost and expense except as otherwise provided and shall deemed capital contributions in support of access and, therefore, Franchisee shall not be entitled to any offset against franchise fees as provided for in 47 U.S.C. § 542.

(J)

Failure to comply with the provisions of this section shall constitute a material breach of this Agreement and shall subject the Franchisee to all measures, legal or equitable, which are available to the City under this Agreement, including termination pursuant to Section 10.27.350 of Chapter 10.27, or otherwise.

SECTION 17:  RATES

(A)

A list of Franchisee’s current Subscriber rates and charges for Cable Service shall be maintained on File with the City and shall be available for public inspection.

(B)

Franchisee shall comply with all applicable provisions of Section 10.27.400 of Chapter 10.27, including the requirement to provide a minimum of thirty (30) days’ written notice to the City and each Subscriber before changing any rates and charges.

(C)

City may regulate rates for the provision of Cable Service, equipment, or any other Communications Service provided over the System in accordance with applicable federal law, in particular 47 C.F.R. Part 76 subpart N.  In the event the City chooses to regulate rates it shall, in accordance with 47 C.F.R. § 76.910, obtain certification from the FCC, if applicable.  The City shall follow all applicable FCC rate regulations and shall ensure that appropriate personnel are in place to administer such regulations.  City reserves the right to regulate rates for any future Services to the maximum extent allowed by law.

SECTION 18:  SYSTEM CONFIGURATION

(A)

The Franchisee shall design and construct a Subscriber Cable Communications System and institutional cable links to meet, at a minimum, the electrical, technical, and physical parameters described in Exhibit A, attached hereto.

(B)

Franchisee shall obtain the approval of the City prior to making any technical modification to its Cable System which degrades Service, such approval not to be unreasonably withheld.

(C)

Franchisee shall make available addressable Cable Services throughout the Cable System.  At a minimum, “addressable Cable Services” shall include the technology necessary to permit Franchisee to change a Subscriber’s level of Service instantaneously at the Subscriber’s request and to permit the Subscriber to order single events, such as first run films and major sporting events, on a pay-per-view basis.

SECTION 19:  PARENTAL CONTROL

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