[HISTORY: Adopted by the Board of Supervisors
of the Township of Athens 1-5-1987 by Ord. No. 53. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 136.
A.
BASIC SERVICE
BOARD
CABLE TELEVISION SERVICE
(1)
(2)
(3)
CABLE TELEVISION SYSTEM
COMPANY
FCC
FRANCHISE FEES
(1)
(2)
(3)
FRANCHISE RENEWAL
GROSS REVENUES
INTERACTIVE SERVICE
MUNICIPALITY
NONBASIC SERVICE
OTHER PROGRAMMING SERVICE
PERSON
SERVICE TIER
STREETS
SUBSCRIBER
VIDEO PROGRAMMING
Unless the context clearly indicates that a different
meaning is intended, the following terms shall have the meanings indicated:
Those services indicated in § A156-14 of this agreement.
The Board of Supervisors of that municipality known as the
Township of Athens.
The one-way transmission to subscribers of video
programming, other programming service or other communications services;
Subscriber interaction, if any, which is required
for the selection of such video programming, other programming service
or other communications services; and/or
Interactive service.
A facility, consisting of a set of closed transmission paths,
including fiber-optic wires, and associated signal generation, reception
and control equipment that is designed to provide cable television
service; said service includes, among other things, video programming,
other programming service and/or communications service which is provided
to multiple subscribers within a community and which is originated
by the company or by any other party.
Cablevision Industries, Inc., its successors and assigns
and affiliates.
The Federal Communications Commission, its designee and any
successor thereto.
Those payments (monetary or contributions in kind made in
lieu of monetary payments) made by the company or its subscribers
to the municipality, and to all other governmental entities, pursuant
to this agreement as provided in this definition and which are otherwise
required by law. For the purpose of determining "franchise fees" and
without limitation thereof, the same shall include:
Any and all taxes, fees or assessments of any
kind whatsoever now or hereafter required or imposed by the municipality
or any other governmental entity on the company or a subscriber of
the same, or both, where said fee or assessment is imposed or required
solely because of the company's or subscriber's status as such;
Any and all taxes, fees or assessments of general
applicability where the same are unduly discriminatory against the
company or company subscribers; and/or
Monetary payments and in-kind contributions
made by the company to the municipality for provision of staff and
all other operational expenditures necessary for public, educational
or governmental access programming or for the maintenance and operation
of facilities and equipment thereof.
The permission, license, franchise, grant or authority given
hereunder and evidenced by regulation, ordinance, permit, this agreement
or by any other license, to conduct and operate a cable television
system in the municipality.
All revenues derived from the provision of cable television
service and other programming services provided by the company over
the cable television system pursuant to this agreement.
Any video service, other programming service or any other
service involving the transmission of information to and from any
subscriber or other person connected to the cable television system.
The Township of Athens.
Cable television service other than basic service.
Information that the company makes available to all subscribers
generally over the cable television system.
An individual, partnership, association, corporation, joint-stock
company, trust, corporation or organization of any kind, and the successors
or assigns of the same.
A category of cable television service provided by the company
over the cable television system for which a separate rate is charged
by the company.
The surface of, as well as the space above and below, any
and all streets, avenues, highways, boulevards, concourses, driveways,
bridges, tunnels, parks, parkways, waterways, docks and public grounds
and waters within or belonging to the municipality.
Any person lawfully receiving any service provided over the
cable television system.
Programming provided by or generally considered comparable
to programming provided by a television broadcast station.
B.
"May" is permissive.
C.
"Shall" or "will" is mandatory.
The municipality hereby grants to the company
the nonexclusive right to construct, erect, operate and maintain a
cable television system within the municipality as it now exists and
may hereafter be changed, and in so doing to use the streets of the
municipality by erecting, installing, constructing, repairing, replacing,
reconstructing, maintaining and retaining in, on, under, upon and
across any and all said streets such poles, wires, cables, conductors,
ducts, conduits, vaults, manholes, amplifiers, appliances, attachments
and other property as is deemed necessary or useful by the company,
subject to the company's obligation to provide efficient cable television
service and to the reasonable exercise of municipal police powers
as provided below, in the operations of the cable television system.
Additionally, the municipality hereby grants to the company the right
to use any and all easements granted for or dedicated to compatible
uses, such as electric, gas, telephone or other utility transmissions
subject to the rights of the owners of adjoining property for authorization
to enter in and upon said land for the purposes of erecting, installing,
constructing, repairing, replacing, reconstructing, maintaining and
retaining in, on, over, under, upon and across such easements such
items of the cable television system as is deemed necessary or useful
by the company in order to provide cable television service, including
any other associated communications services. Upon request by Cablevision,
the municipality hereby agrees to assist the company in gaining access
to and using said easements.
Pursuant to any applicable procedures stated
in Section 626 of the Cable Policy Act, the Board of the municipality,
after affording the public adequate notice and opportunity for comment
and having determined that the company is likely to satisfy cable-related
community needs, hereby grants this franchise renewal. The Board,
in public proceeding affording due process, considered and approved
the company's technical ability, financial condition and character
and in proceedings complying with the requirements of due process
has found to be adequate and feasible the company's plans for constructing
and operating the cable television system. In making said determination,
the Board considered the company's past performance and its likelihood
of satisfactory future performance and other factors the Board deemed
necessary for the selection of the company as the cable television
franchisee.
A.
The franchise renewal herein granted and the rights
arising hereunder are for a term of 10 years from the date of commencement
of this franchise. The company shall be entitled to an additional
renewal term of five years beyond the ten-year term of this renewal
agreement, provided that such an additional five years' option to
renew is permissible under then-existing federal and state law. Said
option to renew shall be automatically exercised in favor of the company
unless said company shall by written notice to the municipality delivered
at least 30 months prior to the end of the original term of this renewal
agreement advises the municipality that is does not choose to renew
this agreement. The term of this franchise renewal agreement shall
commence immediately upon the expiration of the then-in-effect franchise
agreement or as soon thereafter as the municipality and the company
shall execute, agree to and file this agreement.
B.
At the end of the term of this franchise renewal,
if said agreement shall not be renewed, the company shall have the
right in addition to and not in lieu of all other rights granted by
the Cable Policy Act, in its sole discretion, to sell the assets of
said system to the municipality or any other party for no less than
the fair market value of the system valued as an ongoing business
concern. In the event that the company and the municipality cannot
agree on the former, the amount thereof shall be determined by arbitration
under the rules of the American Arbitration Association, the cost
of which shall be paid equally between the company and the municipality.
A.
The municipality may revoke this franchise renewal
and all rights of the company hereunder in any of the following events
or for any of the following reasons:
(1)
The company fails after 60 days' prior written notice
from the Board to substantially comply or to take reasonable steps
to comply with a material provision or material provisions of this
renewal agreement. Notwithstanding the above, should the company comply
or take said reasonable steps to comply to said sixty-day notice,
the right to revoke this agreement shall immediately be extinguished
and said breach shall not be deemed to have occurred;
(2)
The company is adjudged a bankrupt; or
(3)
The company attempts or does practice a material fraud
or deceit in its securing of this franchise renewal; provided, however,
that an innocent misrepresentation shall not be grounds for revocation.
B.
Notwithstanding the above, no revocation provided
for in this section shall be effective unless and until the Board
shall have adopted an ordinance setting forth the cause and reason
for the revocation and the effective date thereof, which ordinance
shall not be adopted without 120 days' prior written notice to the
company and an opportunity for the company to be fully and fairly
heard on the proposed adoption of such proposed ordinance. If the
revocation as proposed by such ordinance depends on a finding of fact,
such finding of fact shall be made by the Board only after an administrative
hearing providing the company with a fair opportunity to be heard,
including the right to introduce evidence and the right to the production
of evidence and to question witnesses. A transcript shall be made
of such hearing with the right of the company to appeal such final
decision to state court or to federal district court as the company
may choose.
C.
In no event, and notwithstanding any contrary provision
in this section or in this agreement, shall this franchise renewal
be subject to revocation or the company be liable for breach of this
agreement during the period of time in which there is, or where substantial
noncompliance or failure to take reasonable steps to remedy a duly
noticed material provision is due to, war, government restrictions,
embargo, civil commotion, strikes, labor unrest, fires, any act of
God or other similar condition beyond the control of the company.
The company shall be released from its obligations herein during the
course of any such conditions, and the time specified for performance
of the company's obligations hereunder shall automatically extend
for a period of time equal to the period of the existence of any such
condition which does interfere with the performance of the company's
obligations.
D.
In no event shall the municipality have the right
to revoke this agreement unless the aforementioned ordinance shall
be adopted at least 36 months prior to the end of the term of this
agreement. For the purpose of this provision, the term of this agreement
shall be deemed to be 10 years from the first day of the herein renewal
term.
E.
If the franchise and rights thereunder are revoked,
the municipality hereby agrees that the company shall have the right
to sell the same to the municipality or to any other party and that
the purchase price for the same, in the sole discretion of the company,
shall be no less than an equitable price which for purposes of this
renewal agreement shall be the fair market value of the cable television
system valued as an ongoing business venture. In the event that the
company and the municipality agree to respectively sell and purchase
the system, but cannot agree on a sale price, said fair market value
shall be determined as provided for in § 156-4B above.
A.
The company shall, concurrently with the filing of
the acceptance of this franchise renewal, furnish to the municipality
and file with the Manager of the municipality or provide evidence
of the continued effectiveness of a liability insurance policy for
the term of this renewal agreement and in the amount of $3,000,000
with a company satisfactory to the municipality and in a form satisfactory
to the municipality indemnifying and defending the municipality from
and against any and all claims, demands, actions, suits and proceedings,
costs and expenses, including reasonable attorneys' fees, brought
by others and against all liabilities to others by reason of or arising
out of any failure by the company to secure consents from the owners,
authorized distributors or licensees of programming to be transmitted
or distributed by the company. Notwithstanding any provision contained
within this franchise renewal agreement, the municipality and company
hereby explicitly agree that the company shall not be liable for and
shall not indemnify the municipality in any manner and in any degree
whatsoever from and against any action, demand, claims, suits or proceedings
arising out of or caused by any programming for which the company
is required by federal or state law to transmit or distribute over
its cable television system or for which the company does not or is
in any way prohibited from exercising editorial control of programming
content, such as but not limited to public, educational, governmental
and leased access programming.
B.
The company shall, concurrently with the filing of
its acceptance of this franchise renewal, also furnish to the municipality
and file with the municipality, or provide evidence of continued effectiveness
of the same, and maintain in full force and effect during the term
of this renewal agreement, at its own cost and expense, a general
comprehensive liability insurance policy indemnifying and defending
the municipality from and against all claims by any person whatsoever
for loss or damage or for personal injury, death or property damage
occasioned by the operations of the company pursuant to the franchise
renewal herein granted with minimum liability limits of $3,000,000
for personal injury or death to two or more persons in any one occurrence
and $1,000,000 for damages to property resulting from any one occurrence.
The company hereby agrees that, when and wherever
possible, it shall enter into agreements with telephone or electric
or other utilities for the use of said utilities' poles whereby said
utilities shall provide use of and access to said poles to the company
of the company's lines and other equipment. Notwithstanding the above,
where necessary to service subscribers and where the company demonstrates
to the satisfaction of the municipality that attachment to the pole(s)
of utilities is not economically reasonable or otherwise possible,
the company may erect or authorize or permit others to erect any poles
or any other facilities within the streets of the municipality pursuant
to the issuance by the municipality of any necessary authorizations
which shall not be unreasonably withheld, subject to the rights of
the owners of adjoining property, for authorization to enter in and
upon said land.
A.
Whenever a public utility franchise or operating within
the municipality shall require the relocation or reinstallation of
any property of the company in or on any of the streets of the municipality,
it shall be the obligation of the company on written notice of such
requirement to remove and relocate or reinstall such property as may
be reasonably necessary to meet the requirements of the municipality
or the public utility and such relocation.
B.
The company shall, on request of a person holding
a building or moving permit issued by the municipality, temporarily
raise or lower its wires or other property or relocate the same temporarily
so as to permit the moving or erection of buildings. The expenses
of any such temporary removal, raising or lowering of wires or other
property shall be paid in advance to the company by the person requesting
the same. The company shall be given in such cases not less than five
working days' prior written notice in order to arrange for the changes
required.
Where, in any place within the municipality,
all of the electric and telephone utilities shall be located underground,
it shall be the obligation of the company to locate or to cause its
property to be located underground within such places. If the company
shall in any instance be unable to locate or relocate any part of
its property underground, then the municipality, on being apprised
of the facts thereof, shall permit such property to remain above the
ground even though other facilities in the area may be placed underground.
However, any such permission shall be on such conditions as the municipality
may reasonably require to protect the public health and safety.
A.
The company or any person authorized by the company
to erect, construct or maintain any of the property of the company
used in the transmission or reception of cable television service
shall at all times employ due care under the facts and circumstances
and shall maintain and install said property of the company in accordance
with commonly accepted methods and principles in the cable television
industry so as to prevent failures and accidents likely to cause damage
or injury to members of the public. All cable television system equipment
shall conform to those standards of the National Electrical Code of
the National Board of Fire Underwriters which exist at the time said
equipment is installed or replaced.
B.
The company agrees to make its best efforts to locate
all cable television system equipment so as to cause the least possible
interference reasonably to be expected with the usual use of the streets
and so as to cause reasonably minimal interference with the rights
of property owners abutting said streets, and in no event shall any
such cable television system equipment be located so as to substantially
and regularly interfere with the usual public travel on any street
of the municipality.
C.
Whenever the company shall cause or any person on
its behalf shall cause any injury or damage to any public property
or street by or because of the installation, maintenance or operation
of the cable television system equipment, such injury or damage shall
be remedied as soon as reasonably possible upon notice to the company
from the municipality in such fashion as directed by the supervisor
of the municipality unless ordinances of the municipality shall make
other provisions therefor and the municipality notifies the company
of said other provisions. It is understood that the municipality has
no expressed responsibility for examination of the condition of the
cable system.
D.
The company is hereby granted the authority to trim
trees upon and overhanging the streets of and abutting private property
in the municipality to the minimum extent necessary so as to prevent
the branches from coming in contact with the wires, cables and other
equipment of the company's cable television system, subject to the
rights of the owners of adjoining property for authorization to enter
in and upon said land for the purpose of trimming trees.
A.
If the use of any part of the company's cable television
system occupying the streets of the municipality is discontinued for
any reason for a continuous and uninterrupted period of 12 months,
the company shall, on being given 60 days' prior written notice thereof
by the municipality, provided that no such notice is sent without
prior vote of the Board directing the forwarding of said notification,
remove that portion of its cable television system from the streets
of the municipality which has remained unused and which the municipality
for good cause shown and articulated in said notice deems necessary
to remove to protect the public health and safety. The cost and expense
of said removal shall be borne by the company, and said streets shall
be placed in as nearly as good condition as before the installation
of said system as is reasonable. In the event that the company shall
fail to timely remove the unused portion of said system and after
an additional 30 days' written notice from the municipality to the
company, the said portion of the system shall be deemed abandoned
and the municipality may remove or cause to be removed said portions
of the cable television system from the streets of the municipality
which it deems necessary in order to protect the public health and
safety.
B.
Notwithstanding the above, the municipality may, in
its sole discretion and consistent with its obligation to protect
the public health and safety, permit any and all such abandoned equipment
to be left in place.
The company shall render efficient service,
make repairs promptly and interrupt service only for good cause and
for the shortest possible time. The company shall maintain an agent
and list a local or toll-free telephone number. The telephone shall
be so operated that complaints or requests for repairs because of
malfunctions of the cable television system shall be repaired as quickly
as possible after notice of such malfunction. The company shall make
its best efforts to remedy said malfunctions no later than 24 hours
after notice of the malfunction except or unless such malfunction
shall affect a substantial portion of the company's cable television
system or the malfunction shall have been caused by storm, fire, lightning,
explosion, major equipment or computer failure, civil commotion or
other similar catastrophe which is or are beyond the reasonable control
of the company, in which case all due diligence to repair the problem
as quickly as possible will be undertaken by the company.
A.
The municipality, by its execution hereof, agrees
and acknowledges that the primary service area as originally committed
to in the initial franchise agreement has been constructed. Any requests
for cable television service in areas outside the existing service
area shall comply with the provisions of the line extension formula
as follows:
(1)
The system as presently constructed shall be considered
the primary service area and service will be made available substantially
throughout the entire area within 12 months of the grant of final
operating authority and all licenses and permit.
(2)
The municipality shall have the right to require the
posting of a bond or other instrument in the amount of $1,000 payable
to the municipality prior to the start of substantial construction.
The company shall have the right to cancel the same on notification
to the municipality that the construction project is completed and
that all residents within the affected service area are capable of
being served.
(3)
The company shall be required to make future extensions
of the system beyond the primary service area into areas of the community
with a housing density of 35 homes per mile or greater.
(4)
The company shall provide cable television service
to any subscriber who demands service and who is located within 150
feet of aerial feeder cable, and the charge for the installation for
any subscriber so situated will not be in excess of the installation
charge specified in the franchise.
(5)
In areas with fewer than 35 homes per mile, the company
shall make future extensions of the system predicated upon demand
by enough subscribers to guarantee the equivalent in basic monthly
service income from 20 subscribers per mile of cable necessary to
provide the service.
(6) 
The aid in construction for aerial and underground
service in line extension areas shall be computed using the following
formula:
|
Where:
| ||||
|
C
|
=
|
The cost construction of the new plant.
| ||
|
CA
|
=
|
The average cost of construction
per mile in the primary service area.
| ||
|
P
|
=
|
The lower of 35 or the average number of dwelling
units per linear mile of cable in those areas where cable has been
built without a contribution in aid of construction by subscribers
and those areas the company is obligated to construct without a contribution
in aid of construction.
| ||
|
LE
|
=
|
The number of dwelling units requesting service
in the line extension area.
| ||
|
SC
|
=
|
The subscriber contribution in aid of construction
in the line extension area.
| ||
(7)
Whenever, subsequent to the date on which the company
is obligated to provide service throughout the primary service area,
a potential subscriber located in a line extension area requests service,
the cable television company shall, within 30 days of the request,
conduct a survey to determine the number of potential subscribers
located in the line extension area and shall inform each of the potential
subscribers of the contribution in aid of construction that may be
charged. The cable television company may require prepayment of the
contribution in aid of construction. The cable television company
shall apply for pole attachment agreements within 30 days of its receipt
of the contribution in aid of construction. Cable television services
must be made available to those who made a contribution in aid of
construction within 90 days from the receipt of pole attachment agreements
by the cable television company.
B.
On December 30, 1986, and thereafter, subscriber contribution
to the company's construction for line extensions in the aforementioned
area shall be determined in the sole discretion of the company; provided,
however, that the rates for said contribution shall be reasonably
related to the costs incurred by the company, taking into consideration,
among other things, a reasonable return on investment determined by
the company in providing said line extensions.
The municipality, by its execution hereof, agrees
and understands that the Cable Policy Act preempts rate regulation
by the state and the municipality on and after December 30, 1986,
and that the rates provided below on and after said date shall be
for informational purposes only.
A.
For installation and activation of one set of minimum
equipment which is necessary for the receipt of cable television service
by residential subscribers the charge shall be $40.
B.
For installation and activation of one set of minimum
equipment which is necessary for the receipt of cable television service
by nonresidential subscribers, e.g., hotels, motels, entertainment
institutions, hospitals, schools, etc., the charge, except as otherwise
provided herein, shall be based on a time and material basis, plus
a reasonable return on investment.
C.
For custom installation, concealed wiring, underground
cable and any and all equipment costs for both residential and nonresidential
subscribers, other than those costs resulting from the ordinary installation
or the rental of one set of minimum equipment necessary for the subscriber's
receipt of basic service, the charge shall be based on time and labor
to provide the same plus a reasonable return on investment.
D.
For video and other programming offered in the lowest service level as provided in § A156-14 above, the monthly charge for said service to the first outlet shall be $8.10.
E.
For each service trip made necessary to reconnect
a subscriber for basic service after said subscriber has been disconnected
and then satisfied a delinquent account, the charge shall be $30.
There shall be no charge to disconnect a delinquent subscriber.
Notwithstanding any contrary provision in § 156-14,
the company shall provide a single service outlet to each school,
fire house and police station that is passed by cable plant as agreed
to herein or as may be requested by the municipality within 60 days
after the effective date of this franchise renewal agreement, provided
that such institution is no further than 150 feet from the feeder
of the cable television system. The lowest level of service for programming
shall be provided to the first single outlet without charge. Additional
outlets in the aforementioned institutions will be charged for and
the municipality or the institution shall pay, or whoever is so authorized,
at the then-current rates.
A.
Payment for cable television service rendered to subscribers
is due and payable in advance on the first of each month and is delinquent
when 30 days have elapsed from the due date without there having been
payment to the company. A late charge will be added to all bills paid
later than 30 days from said due date.
B.
The company shall have the right to disconnect delinquent subscribers, as that term is used above in Subsection A of this section, where:
(1)
At least five days have elapsed after written notice
of discontinuance has been served personally upon a subscriber; or
(2)
At least eight days have elapsed after mailing to
the subscriber written notice of discontinuance addressed to such
person at the premises where the service is rendered or the recorded
billing address.
C.
Notice of the company procedures for reporting and
resolving complaints will be given to each subscriber at the time
of the initial subscription to the cable television system services
and thereafter to all subscribers as required by federal or state
law.
D.
The company shall provide notice to the subscribers
of the availability of locking program control devices which enable
the subscriber to limit program reception in the subscriber's residence.
Any subscriber requesting such device may be charged and shall pay
the company upon the receipt of the same, in full, on a one-time basis,
the actual cost to the company for the manufacture, purchase and installation
of such device plus 15% above such cost.
E.
The company shall not, as to rates, charges or service,
make or grant any undue preference or advantage to any person or subject
any person to undue prejudice or disadvantage; provided, however,
that connection charges may be waived or modified during promotional
campaigns, and the company may offer other discounts not specified
herein, provided that the same are not unreasonably discriminatory.
F.
The administrator for the municipality for this franchise
renewal shall be the Chairman of the Board of Supervisors of the Township
of Athens.
A.
The company shall pay to the municipality during the
term of this franchise renewal a sum equal to 3% of annual gross subscriber
revenues. Payment of such shall be due annually within 120 days of
the end of the company's fiscal year. The company shall submit to
the municipality, upon request, along with the payment of said fee,
a report showing the basis for the computation, and all amounts paid
shall be subject to audit at the option and the cost of the municipality.
Should the company be obligated to pay any fees to any state agency,
such fees when added to those required hereinabove shall not exceed
the 5% of revenue limitation as set by law.
B.
Upon reasonable notice and during normal business
hours, the municipality shall have the right, to the extent permitted
by this agreement, to inspect all pertinent books, records, maps,
plans, financial statements and other like materials of the franchisee;
provided, however, that the municipality, its officers, employees,
executives, elected officials, agents or any other person shall have
no right to inspect or review personally identifiable information
of subscribers as that term is now or hereafter defined pursuant to
Section 631 of the Cable Policy Act. In the event of the improper
collection or improper disclosure of personally identifiable information,
as those terms are now or hereafter defined pursuant to Section 631,
by the municipality and notwithstanding any other provision to the
contrary in this franchise renewal agreement, the municipality shall
be fully liable for any damages, costs and expenses arising out of
such improper collection or disclosure and shall indemnify and hold
harmless the company.
A.
Whenever any law of the federal government or regulation
of an agency of such shall be in conflict with or supersede or preempt
any provision of this franchise renewal agreement, then for so long
as such federal law or regulation shall be in force and effect, such
franchise provisions shall stand suspended and be of no force and
effect and the company herein shall not be required to comply with
such franchise provisions.
B.
The company shall comply with all laws, rules and
regulations of the federal government and of the Commonwealth of Pennsylvania
and the regulations of both regarding the construction and maintenance
of the company's cable television system, provided that said state
laws are not in conflict with and are not superseded or suspended
by federal law, regulations or orders.
C.
Nothing contained herein shall be construed to prohibit
the company from requesting a waiver of any state or federal rule
or regulation or of any provision contained in this agreement, provided
that a copy of such request shall be served upon the municipality.
D.
The company shall file requests for all necessary
operating authorizations with the FCC within 60 days of this franchise
renewal agreement being awarded.
E.
The municipality reserves the right to adopt, in addition
to the provisions contained in this franchise renewal agreement and
existing applicable ordinances, such additional regulations as it
shall find necessary and lawful in the exercise of its police powers
to protect the public health and safety; provided, however, that such
regulations are reasonable and not in conflict with state or federal
law, rule, regulation or order.
F.
The company shall not refuse to hire or employ and
shall neither bar nor discharge from employment and shall not discriminate
against any person in compensation or in terms, conditions or privileges
of employment because of age, race, creed, color, natural origin or
sex.
If any provision of this franchise renewal agreement
shall be held invalid, void, unenforceable or illegal by a court or
a regulatory agency of competent jurisdiction, the remaining provisions
of such franchise renewal shall remain in full force and effect.
All notices required or permitted herein shall
be in writing and shall be deemed delivered when mailed in the United
States Mail, postage prepaid, and sent certified, return receipt requested,
or on the date of delivery when sent by express mail, and in other
cases when addressed to:
A.
This franchise renewal agreement constitutes the entire
agreement between the parties and supersedes any prior cable television
franchise agreement between the parties hereto.
B.
The headings of the various sections of this agreement
are for convenience only, and shall not control or affect the meaning
or construction of any of the provisions of this agreement. In witness
whereof, the parties hereto have caused this franchise renewal agreement
to be duly executed the day and year first written above.
