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EXHIBIT A CONSTRUCTION AND SERVICE SCHEDULE No sooner than one (1) year after the effective date of this Agreement, Grantor, in conjunction with the other Grantors of jurisdictions served by the cable system, may direct Grantee to begin a system upgrade to provide channel capacity of a minimum of forty (40) programmable video channels. This direction shall be based on a review of the programming carried on cable systems in the San Francisco Bay Area, and findings that a significant number of program services, which are considered desirable for local viewing, are not provided on Grantee's system due to channel capacity limitations. If Grantor does not find that an upgrade to forty (40) channel capacity is necessary based on~the initial review, Grantor may conduct subsequent reviews at intervals no more often than each six (6) months. The findings of any such subsequent review may b~ utilized to direct Grantee to commence a system upgrade. Grantee agrees to abide by such findings and direction. Grantee agrees to complete the system upgrade within ( ) months after receiving direction from Grantor to commence. When upgraded service is available, all residents, except as indicated in Exhibit G, shall be offered upgraded service at standard installation charges and monthly rates. No earlier than three (3) years after the completion of system upgrade to forty (40) channels, the Grantor may issue findings that the forty (40) channel capacity of the system is inadequate in light of the available services generally offered to comparable communities, and direct the Grantee to expand the system capacity to no more than fifty-four (54) channels within a three (3) year period. The burden of proof shall be upon the Grantee, to demon- strate that such expansion would not be feasible, and, in the absence of such proof, the Grantor may find that a material breach of the franchise will occur if the Grantee refuses to expand system capacity accordingly. For the purpose o£ reviewing the average number of program services carried on cable systems in the San Francisco Bay Area, the following list of cable systems shall be used: MSO/System Gill San Jose Jones/Castro Valley Hearst/Santa Clara Hearst/Los Gatos Hearst/Newark Hearst/Milpitas TCI/Berkeley TCI/Richmond TCI/San Carlos /~]