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E. The costs of meeting the requirements of the provisions hereof may be passed <br /> through to subscribers in accordance with federal law. <br /> Section 15. Institutional Network Provisions <br /> A. 'So long as the Grantee offers a high-speed cable modem service,the Grantee shall <br /> provide such service to the Grantor, upon request, at (1) a price equal to. that <br /> which the Grantee charges its most favored commercial customer in the Raleigh <br /> Division for the same level of service or (2) at a twenty percent (20%) discount <br /> off the applicable commercial rate in the Raleigh Division,whichever rate is most <br /> beneficial to the Grantor. Any rate charged to the Grantor based upon the most <br /> favored commercial customer rate shall become effective not more than sixty(60) <br /> days from the date that the Grantee has entered into a contract with the most <br /> favored commercial customer in the Raleigh Division. The twenty percent(20%) <br /> discount shall not be treated as a franchise related cost in accordance with the <br /> Federal Communications Commission rate regulation procedures. Support by the <br /> Grantee of the Grantor's Institutional Network needs shall be negotiated in a <br /> separate agreement. <br /> Section 16. Transfer of Ownership or Control <br /> A. Any Franchise granted hereunder cannot be sold, transferred, leased, assigned or <br /> disposed of, including but not limited to, by force or voluntary sale, merger, <br /> consolidation, receivership or other means without the prior consent of the <br /> Grantor,which shall not be unreasonably withheld,provided that the Grantee may <br /> transfer the Franchise to an entity under common control with the Grantee without <br /> such consent,but notice thereof shall be provided to the Grantor. <br /> B. The Grantee shall promptly notify the Grantor of any actual or proposed change <br /> in or transfer of, or acquisition by any other party of control of the Grantee. The <br /> word "control" as used herein is not limited to major stockholders, but includes <br /> actual working control in whatever manner exercised. There shall be a rebuttable <br /> presumption of a transfer of control upon the disposal by the Grantee, directly or <br /> indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, <br /> of twenty-five percent(25%) or more, at one time, of the ownership or controlling <br /> interest in the Cable System. The Grantor shall exercise its power to approve a <br /> transfer of ownership or control in a manner consistent with Section 617 of the <br /> Communications Act(47 U.S.C. §537). <br /> C. For the purpose of determining whether it shall consent to such change, transfer or <br /> acquisition of control, the Grantor may inquire into the legal, financial, and <br /> technical qualifications of the prospective controlling party. Consent shall not be <br /> unreasonably withheld. <br /> 12 <br />