|
<br />FRANCHISE AGREEMENT
<br />
<br />This Agreement, made and entered into this lst day of March, 2006, at Redwood City,
<br />California, by and between the City of Redwood City, a municipal corporation of the State of
<br />California, and Comcast of California IX, Inc.
<br />
<br />RECITALS
<br />
<br />1.
<br />
<br />The City of Redwood City, pursuant to Applicable Laws, is authorized to grant or renew
<br />one (I) or more non-exclusive revocable franchises to operate, construct, maintain and
<br />reconstruct a Cable System within the City of Redwood City; and
<br />
<br />2.
<br />
<br />The City of Redwood City, after due evaluation of Com cast of California IX, Inc., and
<br />after public hearings, has determined that it is in the best interests of the City of Redwood
<br />City and its residents to renew this Franchise to Comcast of California IX, Inc.
<br />
<br />3.
<br />
<br />NOW, THEREFORE, the City of Redwood City hereby grants the renewal to Comcast of
<br />California IX, Inc. ofthis Cable System Franchise in accordance with the provisions of
<br />Applicable Laws and this Franchise.
<br />
<br />SECTION 1.
<br />SHORT TITLE AND DEFINITIONS
<br />
<br />1.
<br />
<br />Short Title. This Franchise Agreement shall be known and cited as the Cable Television
<br />Franchise Agreement.
<br />
<br />2.
<br />
<br />Definitions. For the purposes of this Franchise, the following terms, phrases, words, and
<br />their derivations shall have the meaning given herein. When not inconsistent with the
<br />context, words in the singular number include the plural number, and words in the plural
<br />number include the singular number. The word "shall" is always mandatory and not
<br />merely directory. The word "may" is directory and discretionary and not mandatory.
<br />Words not defined shall be given their common and ordinary meaning.
<br />
<br />a.
<br />
<br />"Applicable Laws" means any law, statute, charter, ordinance, rule, regulation,
<br />code, license, certificate, franchise, permit, writ, ruling, award, executive order,
<br />directive, requirement, injunction (whether temporary, preliminary or permanent),
<br />judgment, decree or other order issued, executed, entered or deemed applicable by
<br />any governmental authority.
<br />
<br />b.
<br />
<br />"Basic Cable Service" means any Service tier which includes the lawful
<br />retransmission of local television broadcast signals and any public, educational,
<br />and governmental access programming required by the Franchise to be carried on
<br />the basic tier. Basic Cable Service as defined herein shall not be inconsistent with
<br />47 US.C. § 543(b)(7).
<br />
<br />c.
<br />
<br />"Cable Service" or "Service" means (A) the one-way transmission to Subscribers
<br />of (i) Video Programming or (ii) Other Programming Service, and (B) Subscriber
<br />
|