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access programming shall not be deemed "Franchise Fees" within the • meaning of Section 622 of the Cable Act (47 U.S.C. Section 542). B. The PEG Access Support Fee shall be paid by the Grantee to City on a quarterly basis, together with a brief report from Grantee evidencing the amount remitted. City shall use the PEG Access Support Fee only for PEG Access costs and shall not use the fee for any other purposes. C. City may, at any time, discontinue the imposition of the PEG Access Support Fee or reduce the amount of the fee to be paid by Grantee. D. The City acknowledges that, pursuant to Applicable Laws, certain franchise related costs, such as PEG contributions, are entitled to be passed through by the Grantee to the subscribers. The City will not challenge such pass-through so long as it is done in accordance with Applicable Laws. SECTION 7. CONSTRUCTION PROVISIONS 7.01 Construction Timetable A. Grantee shall commence actual physical construction related to the • System rebuild construction required by Section 5 herein on or before December 31, 2005 and shall complete all such construction on or before December 31, 2006 and in accordance with the specifications identified in Exhibit A attached hereto. Failure to timely complete such construction shall be considered a material violation of this Franchise and shall subject Grantee to penalties from the security fund pursuant to Section 10.05 hereof or revocation pursuant to Section 10.09 hereof as City deems appropriate. Notwithstanding the forgoing, in the event that the Grantee has not completed the construction of the System rebuild, but Grantee has substantially completed such construction, and Grantee continues to work diligently and continuously toward the completion of the construction, Grantee shall be entitled to an extension of the above referred to deadline, not to exceed three (3) months in length. For purposes of this Section, "substantial completion" shall be deemed to have occurred if ninety percent (90%) of the cable miles required to complete the construction rebuild have been installed. Grantee shall be required to provide satisfactory evidence of having substantially completed such construction. B. On or about thirty (30) days prior to construction of the upgraded/rebuilt System, affected Subscribers will receive an individual notice advising them of same, which notice shall include Grantee's telephone number that Subscribers can use to contact Grantee with any • questions or concerns they may have. No less than one week before 17