This agreement is made and entered into as of
this 12th day of August 1993, by and between the Town of Wappinger,
located in Dutchess County, New York, hereinafter referred to as the
"municipality," and United States Cablevision Corp., a Rhode Island
corporation qualified to do business in the State of New York, hereinafter
referred to as the "operator."
As used in this agreement, the following terms
shall have the meanings indicated:
CABLE SERVICE
Television, video and audio programming and other transmissions
that are received by subscribers via the cable system.
CABLE SYSTEM OR CABLE TELEVISION SYSTEM
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment
that is designed to provide cable service and other lawful services
via electrical, electronic and optical signals to subscribers and/or
customers.
CCPA
Cable Communications Policy Act of 1984 (47 U.S.C. §§ 521-559)
as enacted and as amended by the Cable Television Consumer Protection
and Competition Act of 1992 and as may be further amended by Congress.
EFFECTIVE DATE
The date on which the operator's previous franchise rights
and authority shall expire and on which the provisions and term of
this agreement shall begin to take effect, which date shall be the
date upon which the NYSCCT approves and certifies this franchise renewal
and this agreement without material conditions or modifications substantially
adverse to the operator, as evidenced by the date of adoption of the
order of approval of said NYSCCT.
FCC
The Federal Communications Commission.
GROSS RECEIPTS
Any and all compensation received by the operator that is
derived from the operation of the cable television system within the
Town of Wappinger, including, but not limited to, such receipts from
all current and future sources of such compensation during the term
of this agreement, excluding receipts from operations within the Village
of Wappingers Falls; provided, however, that gross receipts shall
not include any taxes on services furnished by the operator imposed
directly or indirectly on any subscriber by any state, city or other
governmental unit or third party and collected by the operator on
behalf of such entity; and provided further, that gross receipts shall
provide for the deduction of adjustments to cash receipts such as
refunds to customers.
MUNICIPALITY
The government of the Town of Wappinger that is a party to
this franchise.
NYSCCT
The New York State Commission on Cable Television.
OPERATOR
The grantee of this franchise, United States Cablevision
Corp., a Rhode Island corporation qualified to do business in the
State of New York, and its successors, transferees and assigns.
PERSON
All individuals residing in a dwelling or doing business
in the Town of Wappinger from a structure physically capable of receiving
cable service.
SERVICE AREA
The geographic area within which the operator maintains and
operates the cable television system from which service is provided
to the residents of the town and neighboring communities in Dutchess
County.
TOWN OF WAPPINGER
The corporate and territorial limits of the Town of Wappinger,
the municipality that is a party to this franchise, as exist on the
day this agreement is signed and as may be amended or modified during
the term of this agreement, exclusive of the area within the Town
of Wappinger governed by the Village of Wappingers Falls.
The operator shall comply with § 595.4
of the Rules and Regulations of the NYSCCT pertaining to public, educational
and governmental (PEG) access to the cable system.
This agreement shall expire 10 years from the
effective date of this agreement.