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<br /> <br />232860v1 <br /> <br />12 <br /> <br />SECTION 3 <br />CONSTRUCTION STANDARDS <br />(1) Territorial Area Involved. This Franchise is granted for the corporate <br />boundaries of Franchising Authority, as it exists from time to time. It shall be the <br />responsibility of the Franchising Authority to notify Grantee of the annexation of <br />new territories into the corporate boundaries. In the event of annexation by <br />Franchising Authority, or as development occurs, any new territory shall become <br />part of the area covered, provided, however, that Grantee shall not be required to <br />extend service beyond its present System boundaries unless there is a minimum of <br />forty (40) homes per cable mile as measured from the last fiber node or <br />terminating amplifier. Access to Cable Service shall not be denied to any group of <br />potential residential cable Subscribers because of the income of the residents of the <br />area in which such group resides. Grantee shall be given a reasonable period of <br />time to construct and activate cable plant to service annexed or newly developed <br />areas. <br />(2) Construction Standards. <br /> <br />a. Grantee shall obtain all required permits from Franchising Authority before <br />commencing any construction upgrade or extension of the System, including <br />the opening or disturbance of any Street, or private or public property within <br />Franchising Authority. <br /> <br />(3) Service to Residences. <br /> <br />a. Grantee shall provide Cable Service to any qualified requesting Subscriber <br />within the Service Area that requires a Standard Installation within thirty (30) <br />days from the date of request, provided that the Grantee is able to secure <br />access to all rights-of-way necessary to extend Service to such Subscriber on <br />reasonable terms and conditions. <br /> <br />b. If a Subscriber requires a non-Standard Installation (e.g. a Drop in excess of <br />500 feet), Grantee shall, upon request, provide a quote for construction of the <br />non- Standard Installation and shall establish a mutually acceptable payment <br />schedule not to exceed one (1) calendar year. For residential Installations <br />only, Grantee shall be responsible for all costs of the Standard Installation and <br />the Subscriber shall be responsible for one half (1/2) of the Actual Cost of <br />any construction required beyond the cost of the Standard Installation; <br />Grantee shall be responsible for the balance of the costs for the non-Standard <br />Installation. <br /> <br />c. Grantee shall promptly bury all Drops to Subscribers' dwellings and restore <br />the property to its original condition. In the event the ground is frozen or <br />otherwise unsuitable to permit immediate burial, Grantee shall be permitted to <br />77