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<br />operator’s total payments due for the preceding year and the best available <br />information regarding the number of each company’s subscribers as of the <br />calculation date. City understands that the foregoing fee may be identified as a <br />“City fee” and passed through on subscriber bills by AT&T. <br /> <br />(3) The City and other PEG users will be solely responsible for <br />any PEG content and may be required to support, at their own cost, a change or <br />addition to their current technology or practices now in use for its PEG <br />programming or other PEG programming protocol to make them compatible with <br />AT&T’s IP-enabled video technology and <br />February 26, 2007 <br />K-1-f <br />protocol. <br /> <br />Emergency Alert Message. When AT&T begins providing IP- <br />5. <br />enabled video services in the City, it will rebroadcast concurrent <br />emergency alert messages from local broadcasters in a reasonably <br />effective format on any local broadcast channel provided in conjunction <br />with AT&T’s IP-enabled video service which provides such emergency alert <br />message in the event of a declared public safety <br /> emergency on the <br />Emergency Alert System and shall otherwise comply with applicable law <br />. AT&T shall provide emergency alert <br />regarding such alert messages <br />messages on all of its IP-enabled video channels not later than December <br />31, 2007. <br />6. Customer Service. AT&T will meet or exceed the standards set <br />forth as of the date hereof in 47 C.F.R. 76.309(c) during the term of the <br />agreement. <br />7. Other Obligations. <br />(1) The City agrees that gross revenues from IP-enabled video <br />service on which AT&T pays the 5% fee in accordance with section 3 of this <br />Agreement shall not be subject to the City's gross receipts license and <br />occupation tax on telephone service. <br /> <br /> (2) City agrees to subject the construction and installation <br />of the IP Network to the same process and review as it subjects the <br />installation and construction of AT&T’s existing telecommunications <br />infrastructure. <br /> (3) City agrees to process any and all applicable permits for the <br />installation, construction, maintenance, repair, removal, and other activities <br />associated with the IP Network upgrade in a timely and prompt manner, not to <br />exceed thirty (30) days from receipt of all reasonably necessary information and <br />any applicable permit application fees and escrows. <br /> (4) Whenever possible, AT&T shall place all IP Video facilities <br /> <br />K-1-g <br />February 26, 2007 <br /> <br />