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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 /> 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 /> a. The developer shall be responsible for contacting Grantee to provide Cable <br /> Service to that development. <br /> b. The developer shall accommodate all Wireline MVPD's in the joint utilities <br /> trench on the same terms and conditions. <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 /> 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 /> 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 /> 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 /> 14 <br /> 232860v1 <br />