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g. Grantee shall use its best efforts to give reasonable prior notice to any <br />adjacent private property owners who will be negatively affected or impacted by Grantee's <br />work in the Rights -of -Way. <br />4. Undergrounding of Cable. Unless otherwise required by action of City Council, <br />Grantee must place newly constructed facilities underground in areas of City where all other utility <br />lines are placed underground. Amplifier boxes and pedestal mounted terminal boxes may be <br />placed above ground if existing technology reasonably requires, but shall be of such size and <br />design and shall be so located as not to be unsightly or unsafe, all pursuant to plans submitted with <br />Grantee's pen -nit application(s) and approved by City. <br />5. Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted <br />terminal boxes, similar structures, or other wire -holding structures shall be erected or installed by <br />the Grantee without required permit of City. <br />6. Safety Requirements. <br />a. The Grantee shall at all times employ ordinary and reasonable care and shall <br />install and maintain in use nothing less than commonly accepted methods and devices for <br />preventing failures and accidents which are likely to cause damage or injuries. <br />b. The Grantee shall install and maintain its System and other equipment in <br />accordance with City's codes and the requirements of the National Electric Safety Code <br />and all other applicable FCC, state and local regulations, and in such manner that they will <br />not interfere with City communications technology related to health, safety and welfare of <br />the residents. <br />C. All System structures, and lines, equipment and connections in, over, under <br />and upon the Rights -of -Way of City, wherever situated or located, shall at all times be kept <br />and maintained in good condition, order, and repair so that the same shall not menace or <br />endanger the life or property of City or any Person. <br />SECTION 4. DESIGN PROVISIONS <br />1. System Capabilities; Minimum Channel Capacity. <br />a, Grantee shall maintain, upgrade, and operate the Cable System consistent <br />with the capabilities of at least a 750MHz cable system and applicable industry standards. <br />b. All final programming decisions remain the discretion of Grantee but the <br />Cable System shall generally made available a broad range of programming of interest to <br />the community, provided that Grantee notifies City and Subscribers in writing thirty (30) <br />days prior to any channel deletions or realignments, and further subject to Grantee's signal <br />carriage obligations hereunder and pursuant to 47 USC §§ 531-536, and further subject to <br />City's rights pursuant to 47 USC § 545. Location and relocation of the PEG Channels shall <br />be governed by Section 6.1(c) (Public, Educational and Governmental Access). <br />12 <br />