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" discriminate or pcrmit discrimination betwecn or among any Persons in the availability of Cable Services provided in connection with the Cable System in the Franchise Area. It shall be the right of all Persons to receive all available services provided on the Cablc System so long as such Person's financial or other obligations to the Grantee are satisfied, unless such Person has engaged in theft of Grantee's Cable Serviccs, vandalism of its property or harassment of its representatives. Nothing contained herein shall prohibit the Grantce from offering bulk discounts, promotional discounts, package discounts, or other such pricing strategies as part of its business practice. 4.6 Prohibition against Reselling Service. No Person shall resell, without the express prior written consent of the Grantee, any Cable Service, program or signal transmitted over the Cable System by the Grantee. 4.7 Franchise Fee. Grantee agrees to comply with all applicable state laws regarding the payment of franchise fees for the provision of Cable Services in the Franchise Area. To the extent not inconsistent with applicable state and federal law, the City reserves the right during the term ofthis Franchise to require Grantee, upon 90 days advance written notice, to pay to City an annual amount equal to five percent (5%) of Grantee's Gross Revenues or such other amounts as may be subsequently permitted by state or federal law. Any payments due the City under this provision shall be computed at the end of each calendar quarter. Payments shaH be due and payable for each quarter or a portion of a quarter on January 31, April 30, July 31 and October 31. Each payment shall be accompanied by information suppcrting the basis for the payment calculation. .. 4.8 Emergency Alert System. Grantee shall at all times comply with the Emergency Alert System standards pursuant to Title 47, Section 11, Subparts A-E of the Code of Federal Regulations, as may be amended or modified from time to time. SECTION 5 - Customer Service Standards; Customer Bills; and Privacv Protection 5.1 Customer Service Standards. The City hereby adopts the customer service standards set forth in Part 76, ~76.309 of the FCC's rules and regulations, as amended. The Grantee shall comply in all rcspects with the customer service requirements established by the FCC. The Grantee shall, upon written request from the City, submit quarterly written reports to the City to allow the City to monitor and enforce Grantee's compliance with the FCC's customer service standards. 5.2 Customer Bills. Customer bills shall be designed in such a way as to present the infonnation contained therein clearly and comprehensibly to Customers, and in a way that (i) is not misleading and (ii) does not omit material infonnation. Notwithstanding anything to the contrary in Section 5.1, above, the Grantee may, in its sole discretion, consolidate costs on Customer bills as may otherwise be pcnnittcd by the Cable Act (47 U.S.c. 9542(c)). 9<)J4()/ v2 8