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ORD-2003-112 First Reading - Ordinance Granting Franchise to Time Warner Entertainment/Advance-Newhouse Partnership, to Own, Operate and Maintain Cable System in Unincorporated Orange County
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ORD-2003-112 First Reading - Ordinance Granting Franchise to Time Warner Entertainment/Advance-Newhouse Partnership, to Own, Operate and Maintain Cable System in Unincorporated Orange County
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4/29/2013 12:46:04 PM
Creation date
8/8/2011 3:59:19 PM
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BOCC
Date
10/1/2003
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
9a
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Agenda - 10-01-2003-7a
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 10-01-2003
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W <br />operating expense related to Public, Educational and/or Governmental <br />Access, or such lesser amounts periodically authorized by Grantor. <br />2. The Operating Expense. Support Fee ( "OESF ") shall be collected by the <br />Grantee and paid to Grantor after (i) the Grantor approves by Resolution <br />the collection of the OESF from Subscribers, (ii) notice to Grantee's <br />customers of such inclusion, and (iii) the collection of the OESF from <br />such Subscribers. The Grantor, at its election, may decrease (or eliminate) <br />the amount of the PEG Capital Charge upon sixty (60) days written notice <br />to the Grantee. <br />3. The Grantee's sole obligation shall be to remit the amounts of the OESF it <br />collects to the Grantor on a quarterly basis along with the Grantee's <br />Franchise Fee payment. Other than as outlined in Section 13B, the <br />Grantee shall have no obligation to attempt to collect unpaid OESF on <br />behalf of the Grantor. The Grantee shall not be obligated to terminate <br />service to any Subscriber for failure to pay all or any portion of the OESF. <br />Grantor shall have discretion to allocate such payments for Access <br />operating expenses in accordance with applicable law. <br />C. Access Support Not Franchise Fees <br />1. Grantee agrees that financial support for PEG Access arising from or <br />relating to the obligations set forth in this Section shall in no way modify <br />or otherwise affect Grantee's obligations to pay franchise fees to Grantor. <br />Grantee agrees that although the sum of Franchise. Fees and the payments <br />set forth in this Section may total more than five percent (5 %) of Grantee's <br />Gross Revenues in any 12 -month period, the additional commitments shall. <br />not be offset or otherwise credited in anyway against any franchise fee <br />payments under this Agreement. <br />2. Grantor recognizes franchise fees and certain additional commitments are <br />external costs as defined under the Federal Communications Commission <br />rate regulations in force at the time of adoption of this Franchise and <br />Grantee has the right and ability to state franchise fees and certain other <br />franchise related commitments on the bills of its cable television <br />customers. <br />Section 14. 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 for the same <br />level of service or (2) at a twenty percent (20 %) discount off the applicable <br />commercial rate, whichever rate is most beneficial to the Grantor. Any rate <br />charged to the Grantor based upon the most favored commercial customer rate <br />8/22/2003 <br />
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