§ 7. System design.

The grantee shall maintain a state-of-the-art CATV system designed to eventually accommodate at least 54 channel capability using the equipment and procedures specified in the grantee's franchise application which is incorporated by reference as if fully set forth herein.

The grantee's system design must meet or exceed all minimum technical performance standards promulgated by the Federal Communications Commission.

The grantee shall operate and maintain its CATV system so that there will be no interference or distortion with television or radio reception through individually owned receiving antennas and so that there will be minimum down time. The grantee will maintain adequate connectors so as to minimize signal leakage and the interference such leaks cause to home computers, ham radios, and others.

The county reserves the right to have the grantee maintain an independently powered generator to provide at least two hours of power to support each head end in case of power failure.

All underground CATV system construction by the grantee, its employees, and agents shall not be less than eighteen (18) inches beneath the surface of the ground, except for underground "drops" which shall not be less than twelve (12) inches beneath the surface of the ground.

Construction, reconstruction, installation, operation and maintenance of the cable communications system shall be performed in an orderly and workmanlike manner in accordance with then current technological standards. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations.

Grantee shall at all times comply with:

1.

Occupational Safety and Health Administration (OSHA) Regulations;

2.

National Electric Code;

3.

National Electrical Safety Code (NESC);

4.

National Cable Television Standard Code;

5.

All federal, state, and municipal construction requirements including FCC rules and regulations utility construction and requirements;

6.

All building and zoning codes, and all land use restrictions as the same exist or may be amended hereafter.

Any antenna structure used in the cable communications system shall comply with construction, marking, and lighting of antenna structure standards as required by federal and state laws or regulations.

All worker facilities, conditions, and procedures that are used during construction, installation, operation and maintenance of the cable system shall comply with the standards of the Occupational Safety and Health Administration.

RF leakage shall be checked at reception location for emergency radio services to prove measurable interference signal combinations are possible. Stray radiation shall be measured adjacent to any proposed aeronautical navigation radio sites to prove no measurable interference to airborne navigational reception in the normal flight pattern. FCC rules and regulations shall govern. The system shall cause no measurable interference in television signal reception to any operating receiver not connected to and serviced by the system.

All installations shall be underground in those areas of the county where public utilities providing telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, the grantee may install its service above ground, provided that, at such time as those facilities are required to be placed underground by the county or are placed underground, the grantee shall likewise place its services underground without additional cost to the county. Where not otherwise required to be placed underground by this article or the franchise agreement, the grantee's system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All new cable passing under the roadway shall be installed in conduit no less than eighteen (18) inches from the top of the conduit to the surface of the ground. Should county agree to pay for relocation expense of other vendors, grantee shall receive similar considerations.

Interference with persons, improvements public and private property and utilities. The grantee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall:

1.

Not endanger or interfere with the health, safety or lives of persons;

2.

Not interfere with any improvements the county or state may deem proper to make;

3.

Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair;

4.

Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair;

5.

Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the county.

Restoration to prior condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the county, replace and restore all paving, sidewalk, driveway, landscaping or surface of any street or alley disturbed in as good a condition as, or better than, before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the county. Such restoration shall be undertaken within no more than ten (10) days after the disturbance is incurred and shall be completed as soon as possible thereafter.