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will be completed and channels activated as described in Exhibit B <br />attached. <br />b. The System will utilize a hybrid fiber - coaxial architecture as detailed in the <br />Proposal. In addition, the System will be designed with the capability to <br />transmit return signals upstream in the 5 - 40 l IZ MHz, spectrum which <br />shall be activated as Commercial Need dictates. Finally, in conjunction <br />with the upgrade, Grantee shall replace all existing headend equipment with <br />state -of -the -art standard frequency headend equipment. <br />c. Grantee shall develop, construct and operate a System capable of providing <br />non -video services such as high -speed data transmission, Internet access, <br />and other competitive services which shall be activated as Marketplace <br />Need dictates. Grantee may use 200 MHZ MHz of the total 750 MIIZ <br />MHz System capacity for the provision of such services. <br />d. During the design, walkout and preliminary construction activities related <br />to upgrade of the System, Grantee shall seek to identify the non -video <br />interests of the business community within City and will seek to quantify <br />business community demand for non -video services. Grantee shall report <br />the results of its investigation into business demand for non -video services <br />to the City or its designee no later than one (1) year from the <br />commencement date of the Franchise. <br />e. All final programming decisions remain the discretion of Grantee in <br />accordance with the Proposal, provided that Grantee notifies City and <br />Subscribers in writing thirty (30) days prior to any channel additions, <br />deletions, or realignments, and further subject to Grantee's signal carriage <br />obligations hereunder and pursuant to 47 U.S.C. § 531 -536, and further <br />subject to City's rights pursuant to 47 U.S.C. § 545, and further provided <br />that Grantee may not eliminate, move or renumber any PEG access or other <br />community programming channel required hereunder without prior <br />approval of City. <br />2. Construction Timetable <br />a. Grantee shall complete all construction related to the System upgrade <br />required by Section 4 herein on or before November 30, 2000, in <br />accordance with the specific timeline identified in Exhibit B attached. <br />Failure to timely complete such construction shall be a violation of this <br />Franchise. <br />b. The System, once upgraded, shall continue to offer Service to all dwelling <br />units serviceable prior to upgrade and shall extend Service to any area <br />within the corporate boundaries of City which was not previously <br />Page 28 <br />