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I4191 <br /> C . Grantee shall construct and maintain a System that at least <br /> meets minimum technical standards or guidelines now or <br /> hereafter established by the FCC relating to cable <br /> communication systems; provided, however, that in no event <br /> shall the technical standards required to be met byGrantee <br /> q <br /> be less stringent than the FCC standards or guidelines in <br /> effect at the time of the adoption of the Ordinance, nor <br /> shall Grantee be required to meet minimum FCC technical <br /> standards or guidelines which apply solely to cable <br /> communications systems for which franchises are granted <br /> subsequent to the acceptance of this Franchise. The FCC <br /> technical standards and guidelines relating to cable <br /> communications systems contained in subpart K of part 76 of <br /> the FCC rules are hereby incorporated by reference and made a <br /> part hereof . In any event, Grantee shall, at a minimum, <br /> comply with the Company' s technical standards set forth in <br /> the Offering, unless Grantee ' s failure to comply with said <br /> technical standards is caused by circumstances beyond its <br /> reasonable control . <br /> D. The System shall be designed for and operated on a <br /> twenty-four (24 ) hours a day continuous operation basis . <br /> E . Grantee shall initially and subsequently test the technical <br /> capacity of the System according to the procedures delineated <br /> in the Offering. The results of any tests required by the <br /> FCC shall be filed with the City within ten ( 10 ) days of the <br /> conduct of such tests . Other representatives of City may be <br /> present during testing. Tests may be done annually at such <br /> 14 <br />