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particular matter in controversy or unresolved complaints. The City shall arrange its request for <br />such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers <br />caused by such testing. Before ordering such tests, Grantee shall be afforded thirty (30) Days to <br />correct problems or complaints upon which tests were ordered. The City shall meet with Grantee <br />prior to requiring special tests to discuss the need for such and, if possible, visually in those <br />locations which are the focus of concern. If, after such meetings and inspections, City wishes to <br />commence special tests and the thirty (30) Days have elapsed without correction of the matter in <br />controversy or unresolved complaints, the tests shall be conducted by a qualified engineer mutually <br />selected by City and Grantee based on a mutually agreed upon scope of work and cost. The parties <br />shall bear their respective costs for the testing, with the City bearing the cost of special testing <br />unless such testing reveal that the source of the technical difficulty is within the Grantee's <br />reasonable control, in which case the cost of the testing must be borne by the Grantee. <br />Section 6.6 FCC Reports. <br />The results of tests required to be filed by Grantee with the FCC shall also be copied to City. <br />Section 6.7 Emergency Alert System. <br />A Grantee shall comply with 47 U.S.C. 544(g) and all regulations issued pursuant thereto with <br />respect to an Emergency Alert System ("EAS"). If a Grantee provides an EAS, then the City shall <br />permit only appropriately trained and authorized Persons to operate the EAS equipment and shall <br />take reasonable precautions to prevent any use of the Grantee's Cable System in any manner that <br />results in inappropriate use thereof, or any loss or damage to the Cable System. The City shall hold <br />the Grantee, its employees, officers and assigns harmless from any claims or costs arising out of use <br />of the EAS, including, but not limited to, reasonable attorneys' fees and costs. <br />SECTION 7. CONSUMER PROTECTION AND CUSTOMER SERVICE <br />STANDARDS <br />Section 7.1 Regulation of Cable Service Rates. <br />The City may regulate rates for the provision of Cable Service to the extent allowed under federal <br />and state law(s). A Grantee must file a list of current Subscriber rates and charges with the City, <br />which lists will be maintained on file with City and will be available for public inspection. For <br />purposes of this section, the availability of this information on a Grantee's website shall constitute <br />compliance. A Grantee shall comply with applicable law in providing the City and Subscribers with <br />notice of any change in a Cable Service rate or charges. <br />Section 7.2 Sales Procedures. <br />A Grantee may not exercise deceptive sales procedures that violate state laws when marketing any <br />of its Cable Services within City. A Grantee may conduct marketing consistent with local <br />ordinances and other applicable laws and regulations. <br />RJV-247390v5 <br />SH255-1 <br />