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SECTION 3: Construction and Maintenance of the Cable System <br /> 3.1. Except as may be otherwise provided in this Franchise Agreement, Grantee shall <br /> comply with all generally applicable provisions of Chapter 41.1, entitled "Standards for the <br /> Construction of Facilities in the public Rights-of-Way" of the Municipal Code of the City of <br /> Decatur as may be amended from time to time. <br /> 3.2. Aerial and Underground Construction. At the time of Cable System construction, <br /> if all of the transmission and distribution facilities of all of the respective public or municipal <br /> utilities in any area of the Franchise Area are underground, the Grantee shall place its Cable <br /> Systems' transmission and distribution facilities underground, provided that such underground <br /> locations are actually capable of accommodating the Grantee's cable and other equipment <br /> without technical degradation of the Cable System's signal quality. In any region(s) of the <br /> Franchise Area where the transmission or distribution facilities of the respective public or <br /> municipal utilities are both aerial and underground, the Grantee shall have the discretion to <br /> construct, operate, and maintain all of its transmission and distribution facilities or any part <br /> thereof, aerially or underground.Nothing in this Section shall be construed to require the Grantee <br /> to construct, operate, or maintain underground any ground-mounted appurtenances such as <br /> customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or <br /> other related equipment. <br /> 3.3. Undergrounding and Beautification Projects. <br /> 3.3.1. In the event the City requires users of the Public Way who operate aerial <br /> facilities to relocate such aerial facilities underground, Grantee shall participate in the planning <br /> for relocation of its aerial facilities, if any, contemporaneously with such users. Grantee shall be <br /> reimbursed its relocation costs from public or private funds allocated for the project to the same <br /> extent as such funds are made available to other users of the Public Way, if any, provided that <br /> any utility's exercise of authority granted under its tariff to charge consumers for the said <br /> utility's cost of the project that are not reimbursed by the City shall not be considered to be <br /> public or private funds. <br /> 3.3.2. The Grantee shall not be required to relocate its facilities unless it has <br /> been afforded at least sixty (60) days notice of the necessity to relocate its facilities. Upon <br /> adequate notice the Grantee shall provide a written estimate of the cost associated with the work <br /> necessary to relocate its facilities. In instances where a third party is seeking the relocation of <br /> the Grantee's facilities or where the Grantee is entitled to reimbursement pursuant to the <br /> preceding Section, the Grantee shall not be required to perform the relocation work until it has <br /> received payment for the relocation work. <br /> SECTION 4: Service Obligations <br /> 4.1. Initial Service Obligations. As of the Effective Date of this Agreement, Grantee's <br /> Cable System has been designed to provide, and is capable of providing, Cable Service to <br /> residential Customers throughout the Initial Franchise Service Area. The Grantee shall continue <br /> to make Cable Service available in the Initial Service Area throughout the term of this <br /> 5 <br />