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<br /> <br />232860v1 <br /> <br />14 <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 <br />continue to remain in above-ground enclosures, however, the City specifically <br />reserves all of its rights to approve above-ground or underground locations <br />for pedestals subject to Applicable Laws. <br /> <br />e. Grantee shall comply with Minnesota Statutes §216D (the Gopher State One <br />Call process). <br />(8) New Residential Developments. In new residential developments in which all <br />the electric power and telephone utilities are underground, the City may, in its sole <br />discretion, require that the following procedure apply with respect to access to and <br />utilization of underground easements: <br /> <br />a. The developer shall be responsible for contacting Grantee to provide Cable <br />Service to that development. <br /> <br />b. The developer shall accommodate all Wireline MVPD's in the joint utilities <br />trench on the same terms and conditions. <br /> <br />c. Grantee will install infrastructure in all new developments planned by the <br />City, however, said infrastructure may be limited to a conduit only system. <br />Grantee reserves the right to participate in the common trench or to dig its <br />own trench. If Grantee chooses to dig its own trench, nothing in this section <br />requires Grantee to allow others to use Grantee’s trench absent an agreement. <br />Grantee shall be required to complete its infrastructure no later than ninety <br />(90) days after it receives notice from the City that the first certificate of <br />occupancy has been issued for a particular development, subject to the <br />completion of any required plant construction under Section 3.4(a). <br /> <br />d. The developer shall provide at least ten (10) business days’ notice of the date <br />that utility trenches will be open to Grantee. Grantee shall not be required to <br />use utility trenches provided by a developer and reserves the right to install its <br />System in a separate trench at its own expense, subject to its compliance with <br />applicable permitting requirements. Developer shall submit evidence to City <br />that: <br /> <br />i. It has notified Grantee that underground utility trenches are to be open as <br />of an estimated date, and that Grantee is allowed access to such trenches, <br />including trenches from proposed Streets to individual homes or home <br />sites, on the same terms and conditions as other Wireline MVPD's; and <br /> <br />ii. It has received a written notification from Grantee that Grantee intends to <br />install its facilities during the open trench period on the specified terms <br />and conditions, or such other terms and conditions as are mutually <br />agreeable to the developer and Grantee. <br />79