§ V. CONDITIONS OF RIGHT-OF-WAY OCCUPANCY.

A.

Conditions of Street Occupancy—All transmission and distribution structures, poles, other lines and equipment installed or erected by the Company pursuant to the terms thereof shall be so located as to cause a minimum of interference with the proper uses of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any of said public ways.

B.

Restoration—If, while installing, repairing or maintaining its facilities, the Company disturbs the surface of any right-of-way or public place, the Company shall restore the surface to as good a condition as before the disturbance and maintain same to the satisfaction of the City Commission or of any City official to whom such duties have been or may be delegated, for one year from the date the surface of said street, alley, highway or public place is broken for such construction or maintenance work, after which time responsibility for the maintenance shall become the duty of the City. No such street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work.

C.

Specifications and Standards—All fixtures installed, repaired, maintained or operated shall be done so in compliance with all applicable City, State and Federal specifications and standards.

D.

Relocations of Facilities at Request of City—Upon its receipt of reasonable advance notice, but in no event less than three (3) working days advance notice, the Company shall, at its own expense, protect, support, temporarily disconnect, relocate in the public way, or remove from the public way, any property of the Company when lawfully required by City by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements by the City.

E.

Relocation at Request of Third Party—The Company shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of such building, provided: (a) the expense of such temporary raising or lowering of wires is paid by said person, including, if required by the Company, making such payment in advance; and (b) the Company is given not less than five (5) working days advance written notice to arrange for such temporary wire changes.

F.

Trimming of Trees and Shrubbery—The Company shall have the authority to trim trees or other natural growth overhanging any of its cable system service area so as to prevent branches from coming in contact with the Company's wires, cables or other equipment. The Company shall reasonably compensate the City or property owner for any damages caused by such trimming, or shall, at its own cost and expense, reasonably replace all trees or shrubs damaged as a result of any construction of the system undertaken by Company. Company agrees either to use its own employees to trim trees [or] to use tree trimmers licensed by the City. Such replacement shall satisfy any and all obligations Company may have to the City and the property owner pursuant to the terms of this section.

G.

Safety Requirements—Construction, installation and maintenance of the Cable System shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with applicable FCC or other federal, state, and local regulation. The cable system shall not unreasonably endanger or interfere with the safety of persons or property in the service area.

H.

Aerial and Underground Construction—In those areas of the Service Area where all of the transmission or distribution facilities of the respective public utilities are underground, the Company likewise shall construct, operate and maintain all of its transmission and distribution facilities underground; provided that such facilities are actually capable of receiving Company's cable and other equipment without technical degradation of the cable system's signal quality. In those areas of the service area where the transmission or distribution facilities of the respective public utilities are both aerial and underground, Company shall have the sole discretion to construct, operate and maintain all of its transmission and distribution facilities, or any part thereof, aerially or underground. Nothing contained in this section shall require Company to construct, operate and maintain underground any ground-mounted appurtenances such as subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, power supplies, pedestals, or other related equipment. Notwithstanding anything to the contrary contained in this section, in the event that all of the transmission or distribution facilities of the respective public utilities are placed underground after the effective date of this Ordinance, Company shall only be required to construct, operate and maintain all of its transmission and distribution facilities underground it is given reasonable notice and access to the public utilities' facilities at the time that such are placed underground.

I.

Required Extensions of Service—The cable system as constructed as of the date of the passage and final adoption of this Ordinance substantially complies with the material provisions hereof. Company hereby is authorized to extend the cable system as necessary, as desirable, or as required pursuant to the terms hereof within the Service Area. Whenever Company shall receive a request for service from at least five (5) subscribers within 1320 cable bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, it shall extend its cable system to such subscribers at no cost to said subscribers for the system extension, other than the usual connect fees for all subscribers; provided that such extension is technically feasible.

J.

Subscriber Charges For Extension of Service—No subscriber shall be refused service arbitrarily. However, for unusual circumstances, such as a subscriber's request to locate his cable drop underground, existence of more than one hundred fifty (150) feet of distance from distribution cable to connection of service to subscribers, or a density of less than five (5) subscribers per 1320 cable bearing strand feet of trunk or distribution cable, cable service of other service may be made available on the basis of a capital contribution in aid on construction, including cost of material, labor and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by Company and subscribers in the area in which cable service may be expanded, Company will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of potential subscribers per 1320 cable bearing strand feet of its trunks or distribution cable, and whose denominator equals five (5) subscribers. Potential subscribers will bear the remainder of the construction and other costs on a pro-rata basis. Company may require that the payment of the capital contribution in aid of construction borne by such potential subscribers be paid in advance.

K.

Service to Public Buildings—The Company shall provide without charge one (1) outlet of basic service to each of the City's office building(s), fire station(s), police station(s), and public school building(s) that are passed by its Cable System. The outlets of basic service shall not be used to distribute or sell cable services in or throughout such buildings; nor shall such outlets be located in common or public areas open to the public. Users of such outlets shall hold Company harmless from any and all liability or claims arising out of their use of such outlets, including but not limited to, those arising from copyright liability. Notwithstanding anything to the contrary set forth in this Section V (j), the Company shall not be required to provide an outlet to such buildings where the drop line from the feeder cable to said buildings or premises exceeds one hundred fifty (150) cable feet, unless it is technically feasible, or unless the appropriate governmental entity agrees to pay the incremental cost of such drop line in excess of 150 cable feet. In the event that additional outlets of basic service are provided to such buildings, the building owner shall pay the usual installation fees associated therewith, including but not limited to, labor and materials. Upon request of Company, the building owner also may be required to pay the service fees associated with the provision of basic service and the additional outlets relating thereto.

L.

Emergency Override—In the case of any emergency or disaster, the Company shall, upon request of the City, make available its facilities for the City to provide emergency information and instructions during the emergency or disaster period. The City shall hold the Company, its agents, employees, officers, and assigns hereunder, harmless from any claims arising out of the emergency use of its facilities by the City.