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4.9 Uses of System. <br />The Grantee shall, upon request of the Commission, advise the Commission of all active <br />uses of the System, for both entertainment and other purposes, and the Commission shall <br />have the right to conduct unannounced audits of such usage. <br />4.10 Additional Capacity. <br />The Grantee shall notify the City and the Commission in writing, in advance of the <br />installation of any fiber optic capacity not contemplated by the initial System design, so <br />that additional fibers may be installed on an Actual Cost basis for government and <br />institutional use. If the City wishes to request additional fiber, it may notify the Grantee <br />within fifteen (15) days of receipt of the Grantee's notification; provided, however, <br />Grantee shall not be required to violate its telecommunications federal or state tariff. <br />SECTION 5. SERVICE PROVISIONS <br />5.1 Customer Service Standards. <br />The Grantee shall at all times comply with FCC customer service standards. In addition, <br />the Grantee shall at all times satisfy all additional or stricter customer service <br />requirements included in this Franchise and any customer service requirements set forth <br />in any ordinance or regulation lawfully enacted by the City, upon 90 days' notice. <br />5.2 Video Programming. <br />Except as otherwise provided in this Franchise or in applicable law, all programming <br />decisions remain the discretion of the Grantee, provided that the Grantee notifies the <br />City, the Commission and Subscribers in writing thirty (30) days prior to any channel <br />additions, deletions or realignments unless otherwise permitted under applicable federal, <br />State and local laws and regulations. Grantee shall cooperate with the City, and use best <br />efforts to provide all Subscriber notices to the Commission prior to delivery to <br />Subscribers. Location and relocation of the PEG channels shall be governed by Sections <br />6.1.3-6.1.4. <br />5.3 Regulation of Service Rates. <br />5.3.1 The City and/or its delegatee may regulate rates for the provision of Cable <br />Service, equipment or any other communications service provided over the <br />System to the extent allowed under federal or State law(s). The City reserves the <br />right to regulate rates for any future services to the extent permitted by law. <br />5.3.2 The Grantee shall provide at least 30 days' prior written notice (or such longer <br />period as may be specified in FCC regulations) to Subscribers and to the City of <br />any changes in rates, regardless of whether or not the Grantee believes the <br />affected rates are subject to regulation, except to the extent such notice <br />23 <br />