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Amendment by Substitution to Article VI (Passive Rate Review): recover the costa of franchising and any other additional payments SDCITON 4.• FRANCHISE FEE, RATES, CHARGES, CRANGES IN FEES AND MCmUtffS which are required by the terms of this Franchise. Grantee agrees A. Rate Change Procedure. . to support airy waiver required by the FOC for the established (1) To the extent.petmitted by law, all increases in subscriber rates. . . Franchise fee. The annualfee may be subject to renegotiation at .. . . and charges shall be charged by Grantee in a manner provided for . such time as federal or stateahttlhorities no longer regulate the -herein. Grantee, as a condition precedent to its acceptance of.. amount of the fee. If Gra:itee and City do not agree in renego- this Franchise hereby knowingly and voluntarily consents to these t:iations. the Franchise fee shall remain unchanged. procedures for the term of this Franchise of all rates and (2) Payment will be made to City with an itemization of the Gross chargee. Revenues. i (2) City hereby reserves the right to approve or adopt regulations ' C. Rates and Other Charges: governing Grantee's collection of advance charges and deposits; � (1) Rates and charges charged by Grantee for monthly service and installation and reconnection chargee, policies and procedures; installation and other hereunder shall be uniform, fair and disconnection charges. policies and procedures; and policies 1 � reasonable and designed to meet all necessary casts of service, regarding and the availability of refunds. Approval of City shall including a fair rate of return on the original Dost. Less depre- not be unreasonably withheld or delayed. ciation, of the properties devoted to such service (without regard (3) Cost for installing any part of the System will be a factor in the to any subsequent sale or transfer price or cost of such rate only if such cost was incurred within the rate territory. ; properties). (4) The territory for rates applicable to System shall be City and all (2) For one (1) year after impletion of construction of 541 miles of Cities ubich have granted a Franchise to Grantee relative to the cable plant in the initial service area, as certified in writing System delineated in the Offering. from Grantee to the North Suburban Cable Cammauications Commission B. Franchise Fee. # II, the maximum rates shall be the specified rates of Grantee as (1) lhrouenut the term of this Franchise, Grantee shall pay to City. - included in Ehdnibit A, attached hereto and made a part of anis within 60 days after the ed of each fiscal year of Grantee, an Y Franchise and renown as Grantee Schedule of Rates. annual Franchise fee of Hoe percent (57G) of all Grose Revenues. (3) Service requests for maintenance or repair of Grantee's property No payment will be allowed of any Franchise fee that is different z shall be performed at no charge to a subscriber. If such main- from five percent (5Z), other than the filing fee and payment 1 tenance or repair is required as a result of damage caused by required of the successful applicant as established by City to subscriber, Grantee may charge to the subscriber as a maximum its A-2 z