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(iii) The nineteen (19) miles of System construction contemplated <br />herein shall be in addition to any System construction which Grantee elects to <br />undertake in the City and System construction in new developments. <br />(5) Permits and Permit Fees. Grantee shall not construct any Cable System facilities <br />until Grantee has secured the necessary permits from the City, subject to any right-of-way permit <br />fee. Grantee and Subscribers shall not be required to pay a permit fee for Drops or System <br />Extensions that do not involve work within road or street rights -of-way . <br />(6) City Code. Grantee shall comply with all relevant City Codes in the course of <br />fulfilling its obligations under this Franchise. <br />(7) Grantee's Facilities and Equipment. <br />(a) In those areas of the City where transmission or distribution facilities of all <br />or a majority of the public utilities providing telephone and electric power service are <br />underground, the Grantee likewise shall construct, operate and maintain its System <br />underground. <br />(b) Grantee shall be granted access to any easements granted to a public <br />utility, municipal utility or utility district in any areas annexed by City or new <br />developments. <br />(c) In those areas of the City where Grantee's cables are located on the above- <br />ground transmission or distribution facilities of the utility providing telephone or electric <br />power service, and in the event that the facilities of both such utilities subsequently are <br />placed underground, then the Grantee likewise shall remove its overhead facilities from <br />. any affected poles and construct, operate and maintain its transmission and distribution <br />facilities underground, at Grantee's cost. <br />( d) Certain of Grantee's equipment, such as pedestals, amplifiers and power <br />supplies (but not antennae), which normally are placed above ground, may continue to <br />remain in above-ground enclosures, however, the City specifically reserves all of its <br />rights to approve above-ground or underground locations for pedestals subject to <br />Applicable Laws . <br />(e) Grantee shall comply with Minnesota Statutes §216D (the Gopher State <br />One Call process). <br />(8) New Residential Developments. In new residential developments in which all the <br />electric power and telephone utilities are underground, the City may, in its sole discretion, <br />require that the following procedure apply with respect to access to and utilization of <br />underground easements: <br />(a) The developer shall be responsible for contacting Grantee to provide <br />Cable Service to that development. <br />I 7 1276v2 <br />88