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, � <br /> t 'ii.� � ' <br /> until a final order is issued and any appeals exhausted. Any monies so held shall be <br /> distributed in accordance with any final order (after exhaustion of any and all appeals) or <br /> as City and Comcast might agree. <br /> 5.4.2 PEG Support Not A Franchise Fee. Any cost to Comcast associated with <br /> providing any support for PEG access use required under this Agreement and payments <br /> made outside this Agreement, if any, are not part of the franchise fee, and fall within one <br /> or more of the exceptions in 47 U.S.C. § 542. Such costs may be categorized, itemized, <br /> and passed through to Subscribers as permissible, in accordance with 47 U.S.C. §542 or <br /> other applicable law. City acknowledges that Comcast's current intentions to exercise its <br /> rights under 47 U.S.C. § 542. Comcast expressly reserves the right to assert that any <br /> expenditures by the City of the PEG Capital Fee other than for capital costs associated <br /> with PEG access is a franchise fee as defined by applicable law. The City expressly <br /> reserves the right to assert that any expenditure by the City of the PEG Capital Fee is <br /> permissible as a capital cost and is not a franchise fee as defined by applicable law. <br /> 6. Service Area. <br /> 6.1 Comcast, subject to the terms herein, will provide video services to all residences <br /> located within the Service Area (as of the Effective Date) where the minimum density is at least <br /> thirty (30) dwelling units per mile and is within one (1) mile of the existing Cable System's <br /> technically feasible connection point. Subject to the density requirement, Comcast shall offer <br /> Cable Service to all new homes or previously unserved homes located within 125 feet of the <br /> Comcast's distribution cable Upon a showing of legal, technical or other valid causes that make <br /> it impossible or unreasonable for the services provided for in this Section to be furnished by <br /> Comcast, the City may give time extensions. Any such extensions shall be in writing and in <br /> response to a request in writing by Comcast with detailed justification. <br /> 6.2 Comcast may elect to provide Cable Service to areas not meeting the above <br /> density and distance standards. Comcast may impose an additional charge in excess of its <br /> regular installation charge for any service installation requiring a drop in or line extension in <br /> excess of the above standards. Any such additional charge shall be computed on a time plus <br /> materials basis to be calculated on that portion of the installation that exceeds the standards set <br /> forth above subject to any state or federal standards. <br /> 6.3 Comcast will not deny access to its Cable Service within the City because of the <br /> income or minority status of the residents within the City. <br /> 6.4 Comcast's construction, operation, maintenance, repair and upgrade of its <br /> facilities within the Service Area and any annexed service area is subject to the following <br /> technical and operational limitations: (A) for periods of Force Majeure; (B) for periods of delay <br /> caused by the City; (C) for periods of delay resulting from Comcast's inability to obtain <br /> authority to access Right-of-Way in the Service Area; (D) in areas where developments or <br /> buildings are subject to claimed exclusive arrangements with other providers; (E) in <br /> developments or buildings that Comcast cannot access under reasonable terms and conditions <br /> after good faith negotiation, as determined by Comcast; and (F) in areas where the occupied <br /> residential household density does not meet the average density (average density is equal to or <br /> 7 <br /> 1043854v2 <br />