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<br />In furtherance of the foregoing and upon request by the City, the Company shall meet with <br />the City and provide the City with a map disclosing the location selected for each such <br />cabinet, which shall be updated as necessary. <br /> <br />2.2.4 TiIDeline. If a permit is needed for any work involved in the <br />construction, maintenance, repair and upgrade of the Facilities, the Company shall apply <br />for, and the City shall process applications for and issue, permits in the normal, routine and <br />customary course of business, without regard to whether the work that is the subject of <br />such permits is related to IP Video Service. The parties recognize that speed to market is a <br />priority and, as a result, the City shall endeavor tö process all such permit applications in a <br />timely manner. <br /> <br />2.2.5 Citv To Not Unreasonably Withhold Or Denv Consent. <br />Consistent with Chapter 4939 of the Ohio Revised Code, the City's management, <br />regulation and administration of its public ROW with regard to matters of local concern is <br />presumed to be a valid exercise of the power of local self-government gIanted to the City <br />by Section 3, Art. XVIII of the Ohio Constitution; provided, however, that the City cannot <br />unreasonably withhold or deny consent to the Company for use of the Streets. <br /> <br />2.2.6 Limited Regulatorv Authoritv. Consistent with <br />Section 1.2, the City's regulatory authority under this Agreement does not extend to the <br />construction, choice of technology or equipment; operation, maintenance, repair and <br />upgrade of the Facilities to thè extent such Facilities are being constructed, operated, <br />maintained, repaired and upgraded for the purpose of providing services other than the <br />IP Video Service. <br /> <br />2.3 Access to Open Trenches. The City agrees to include the Company in the <br />platting process for any new subdivision. The City agrees, at a minimum, to require as a <br />condition of issuing a permit for open trenching to any utility or developer that (a) the <br />utility or developer give the Company at least ten (10) days advance notice -of the <br />availability of the open trench, and (b) the utility or developer provide the Company with <br />reasonable access to the open trench. Notwithstanding the foregoing, the Company shall <br />not be required to utilize àny open trench. <br /> <br />2.4 Service Area. The Company shall determine, _in its sole discretion, where <br />in the City Facilities shall be constructed, operated, maintained, repaired an1i upgIaded to <br />provide, and where in the Citý to provide, IP Video Service and other service (which <br />areas shall be known as the "Service Area"). Notwithstanding the foregoing, -the <br />Company will offer all City residents within the Company's DSL footprint a technology <br />neutral video servièe within a reasonable period of time from when IP Video Service is <br />first available within the City. The Company will not dep,y access tò its IP"enabled <br />Video Service to any group of potential residential subsçribers because of the income of <br />the group within the Service Area. The Company shall have a reasonable period of time <br />to become capable of providing its IP-enabled Video Service tò any gIoup of potential <br />residential subscribers residing within the Service Area and may satisfy its <br />nondiscrimination obligations through the use of direct-to-home satellite service or <br /> <br />4ï7196-2 <br /> <br />6 <br />