Capacity of System. The System shall be comprised of, at a minimum, 3 DS-3 capability and will have a 1 x n protection switch allowing for upward migration to a minimum of 1 x 7 protection. The capacity of the System may be expanded to a 2 x 14 protection level, using additional spectrum or crossband filters, provided, such Capacity Expansion does not degrade the System below the performance standards set forth in this Section 3 of this Schedule A.
Capacity of System. A. Franchisee and City recognize that the need for channel capacity is in part related to the community’s demand for video and non-video programming. Both the City and Franchisee also recognize that accurate prediction of this demand is very difficult and that micromanagement regarding system capacity of the Franchise operations is not in the best interest of the City. Accordingly, a requirement for excess unused capacity will unnecessarily increase the cost of cable service while insufficient capacity will hinder the long-term growth of the system. Within these parameters, however, Franchisee’s system shall have sufficient capacity to meet community needs efficiently. Provided, however, that cost to the Franchisee shall be considered should circumstances at that time cause Franchisee to not be able to justify expanding its system or programming services levels to the levels herein.
Capacity of System. The parties hereto agree and acknowledge that the system capacities set forth on Schedule H represent the design capabilities for the System. In the event the Customer desires to expand the capacity of the System in any regard, the Customer first agrees to contact OSS and advise them as to the projected expansion. OSS shall then advise Customer whether or not the proposed expansion is technically possible and the cost thereof. In the event Customer determines to so modify or expand the System, Customer may elect to enter into a modification of this Agreement with OSS to provide such expansion. Alternatively, and in its sole discretion, Customer may elect to conduct a bid process on the same terms and conditions used by OSS to provide the initial estimate to Customer and may elect to enter into a separate agreement regarding expansion of the System.
