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ORD-2005-197 - Ordinance granting Cable Franchise to Time Warner Entertainment- Advance/Newhouse
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ORD-2005-197 - Ordinance granting Cable Franchise to Time Warner Entertainment- Advance/Newhouse
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Last modified
8/19/2016 3:34:27 PM
Creation date
1/13/2011 4:57:01 PM
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BOCC
Date
11/15/2005
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5k
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Agenda - 11-15-2005-5k
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\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 11-15-2005
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The exercise of one remedy shall not foreclose use of another, nor shall it relieve the <br /> Grantee of its obligations to comply with the Franchise. Remedies may be used singly or <br /> in combination; in addition, the Grantor may exercise any rights it has under applicable <br /> law. In no event shall the election of remedies result in a double recovery by the <br /> Grantor. <br /> Section 28. Books and Records—Inspection <br /> A. The Grantor may inspect the books, records, maps, plans, and other documents, <br /> including financial documents, in the control or possession of the Grantee, to <br /> evaluate compliance with the Franchise. The material shall be made available at <br /> the Grantee's facilities unless the Grantee agrees to make inspection available at <br /> some other place. Material that the Grantor requires the Grantee to produce under <br /> this Section shall be produced upon written notice, no later than thirty (30) <br /> calendar days after the request for production. Requests for extensions of time to <br /> respond shall not be unreasonably denied. <br /> B. The Grantee may request that the Grantor treat any books, records, maps, plans <br /> and other documents of the Grantee containing trade secrets or proprietary <br /> information as confidential under the North Carolina Public Records Law. To the <br /> extent authorized by the Public Records Law and other applicable state and <br /> federal law, the Grantor shall maintain the confidentiality of information <br /> designated "proprietary' by the Grantee. Should the Grantor receive a request to <br /> review the Grantee's records or books under the North Carolina Public Records <br /> Law, it will promptly notify the Grantee and provide an opportunity for the <br /> Grantee to raise an objection, demonstrate why the requested information is <br /> proprietary and, if necessary, seek a court order to protect its proprietary <br /> information. However, any action taken by the Grantee to protect its records or <br /> information shall be done at no cost or liability to the Grantor. Further, Grantor <br /> agrees to cooperate with Grantee to ensure the non-disclosure of information <br /> Grantee deems confidential or competitively sensitive. <br /> C. The Grantor shall provide prompt notice of additions or deletions to its boundaries <br /> to the Grantee. To determine whether the Grantee is remitting Franchise Fees <br /> based upon revenues received from its customer(s) to the proper franchising <br /> authority, the Grantee shall cooperate with the Grantor by providing such <br /> information as it has reasonably available regarding its customers' addresses <br /> consistent with 47 U.S.C. §551. <br /> Section 29. Inspection of Cable System <br /> Upon Reasonable Notice, Grantor may inspect the distribution facilities and equipment of <br /> the Cable System. If,based on Customer complaints or its own investigation, the Grantor <br /> finds that the Cable System's operation is out of compliance with the Franchise or <br /> applicable federal rules, it may require the Grantee to perform tests, prepare a report and <br /> present to the Grantor the results of those tests. The Grantee shall identify any problem <br /> 18 <br />
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