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RETURN THIS COPY TO THE CLERK'S _ <br /> OFFICE FOR THE PERMANENT AGENDA FILE a �� ` eo&� <br /> STATE OF NORTH CAROLINA <br /> S l7 52 <br /> ORANGE COUNTY <br /> worth QE 'to <br /> ORDINANCE-2005 - <br /> CABLE TELEVISION FRANCHISE <br /> An Ordinance granting a Franchise to Time Warner Entertainment-Advance/Newhouse <br /> Partnership, a New York general partnership (the "Grantee") to own, operate and maintain a <br /> Cable System in Orange County,North Carolina. <br /> WHEREAS, Orange County, (the "Grantor"), desires to assure the widespread <br /> availability of Cable Services within the County; <br /> WHEREAS, the Grantor has, following reasonable notice, and after consideration, <br /> analysis and deliberation conducted public proceedings, during which proceedings the technical <br /> ability, financial condition, legal qualification and general character of the Grantee were <br /> determined acceptable to receive a renewal of its Franchise; <br /> WHEREAS, the Grantor also has considered and analyzed the plans of the Grantee for <br /> the construction and operation of its Cable System and found the same to be adequate and <br /> feasible in view of the needs and requirements of the area to be served by the Cable System; <br /> WHEREAS, the Grantor has determined that it is in the best interest of and consistent <br /> with the public convenience and necessity of its residents to grant a Franchise to the Grantee to <br /> operate a Cable System within the County on the terms and conditions hereinafter set forth; and <br /> WHEREAS, the Grantee desires to operate a Cable System consisting of fiber optic and <br /> coaxial cables along state and private right-of-way within the Grantor's jurisdiction. <br /> NOW, THEREFORE, the parties agree as follows: <br /> Section 1. Nature and Terms of Grant <br /> A. The Grantor hereby grants the Grantee a County-wide Franchise to construct and <br /> operate a Cable System, using owned and/or leased facilities, which may be <br /> located in state or private Rights-of-Way within its jurisdiction. <br /> $, Notwithstanding Section 1A, the Grantee may, in its sole discretion, elect to lease <br /> fiber optic and coaxial cable and other cable communication facilities from other <br /> communication companies to support the operation of its Cable System. <br /> 1 <br />