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17.01.116. System upgrade/channel capacity and adaptation to new technology

            (1)        The Grantee shall complete the upgrading of the Cable System to provide to Subscribers in the Service Area, with increased Channel capacity not later than twenty-four (24) months from the effective date of this Franchise.  The technical manner in which additional channels are made available are in the discretion of the Grantee.

            (2)        In the event that such required upgrade of the Cable System to Subscribers in the Service Area is delayed, the Grantor will be fully informed of the reasons for the delay and the projected time of completion and the Grantee may request an extension of the completion date.  The Grantee shall not be required to supply any service if the provision of such a service subjects the Grantee to regulation by any governmental agency as a utility or common carrier.

            (3)        Other Services: Because of the quickening pace of electronic communication development it is essential that the Grantor be provided with such new features when they become technologically and economically feasible.  The Grantee shall improve the Cable System as necessary to maintain it at a level of technical performance which has been implemented in a majority of Cable Systems of equivalent size, provided that such improvements can be instituted through technology which has been demonstrated to be technologically and economically feasible for its purpose, in a operationally workable manner, and in a manner which is profitable with respect to each such improvement.

            (4)        The Cable System shall be installed and maintained by the Grantee in accordance with industry standards in order to ensure that Subscribers receive quality Cable Service.

            (5)        At the request of the Grantor, the Grantee shall inform the Grantor at least quarterly of planned, proposed and actual changes in the Grantee's Cable System and Cable Services related to Subscribers in the Service Area regarding technological improvements, additional Channel capacity and other matters related to services available to Subscribers.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999

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