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SECTION 3 SYSTEM CONSTRUCTION, OPERATION AND MAINTENANCE 3.1 TECHNICAL REQUIREMENT (a) Charter shall operate, maintain, construct, and extend the Cable System so as to offer Cable Services to all Subscribers throughout the Village where the density requirements of Section 3.2 are met. The Cable Service provided by the Cable System shall be delivered in accordance with FCC standards. The Cable System shall meet or exceed any and all technical performance standards of the FCC, the National Electrical Safety Code, and any other applicable laws and regulations and constructions standards of the New York Public Service Commission and the generally applicable laws, local laws and construction standards of the Village, subject to Section 2.5 of this Agreement. (b) Charter shall provide adequate standby power at the Cable System headend and on its Cable System to the extent consistent with Charter’s normal operating standards. Standby power must activate automatically upon the failure of commercial utility power. 3.2 AREA TO BE SERVED (a) Charter shall make Cable Service available to every dwelling occupied by a person requesting Cable Service, provided that Charter is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the Cable Act. Charter shall extend the Cable System into all areas within the Village where there is a minimum of twenty (20) dwelling units per cable mile of aerial cable as measured from Charter’s closest technologically feasible tie-in point that is actively delivering Cable Service as of the date of such request for service (the “Service Area”). (b) Any dwelling unit within one hundred fifty (150) feet aerial distance from the main distribution line shall be entitled to a Standard Installation rate. However, if an area does not meet the density requirements of this Section, Charter shall only be required to extend the Cable System to Subscribers in that area if the Subscribers are willing to share the capital costs of extending the Cable System in accordance with the applicable provisions of Section 895.5 of the regulations of the New York Public Service Commission. Charter may require that payment of the capital contribution in aid of construction borne by such potential Subscribers be paid in advance. Subscribers shall also be responsible for any Standard/non-Standard Installation charges to extend the Cable System from the main distribution line to the residence. (c) Charter shall not deny access to Cable Service to any group of potential residential subscribers because of the income of the residents of the local area in which such group resides. (d) The Village has the right to require Charter to place wires and/or equipment underground, provided that the Village imposes such requirement on all similarly situated entities (i.e. telephone and electric utilities). All installations of wires and/or equipment by Charter shall be underground in those areas of the Village where the wires and/or equipment of all similarly situated entities (i.e. telephone and electric utilities) are all underground; provided, however, that such underground locations are capable of accommodating Charter’s facilities without technical 7