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• 6. Safety Requirements. <br /> a. The Grantee shall at all times employ ordinary and reasonable care and <br /> shall install and maintain in use nothing less than commonly accepted <br /> methods and devices for preventing failures and accidents which are likely <br /> 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 <br /> Safety Code and all other applicable FCC, state and local regulations, and <br /> in such manner that they will not interfere with City communications <br /> technology related to health, safety and welfare of 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 <br /> all times be kept and maintained in good condition, order, and repair so <br /> that the same shall not menace or endanger the life or property of City or <br /> any Person. <br /> SECTION 4. <br /> DESIGN PROVISIONS <br /> • <br /> 1. System Upgrade: Minimum Channel Capacity. <br /> a. Grantee shall develop, construct and operate for the term of this Franchise <br /> a System providing 750 MHz capacity and which is fully activated with the <br /> capability of delivering to all Subscribers capable of receiving them a <br /> minimum of up to 81 video programmed channels. Construction will be <br /> completed and channels activated as described in Exhibit C 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 MHz spectrum which shall <br /> be activated as Commercial Need dictates. Finally, in conjunction with the <br /> upgrade, Grantee shall replace all existing headend equipment with state-of- <br /> 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 of the total 750 MHz System <br /> capacity for the provision of such services. <br /> • <br /> 11 <br />