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r <br /> 14 <br /> WHEREAS, TWI has filed an application with the Utilities <br /> Commission to provide local exchange and exchange access as well as <br /> intra-LATA, interexchange telecommunications services in North <br /> Carolina; and <br /> WHEREAS, the County recognizes that it may need to purchase <br /> additional telecommunication services for municipal purposes and <br /> that Alert may desire to provide such services; and <br /> WHEREAS, Alert has recently filed, and the County has approved <br /> a cost of service rate increase which was based in part upon <br /> certain intangible assets. Therefore, Alert represents that this <br /> transfer shall not increase the value of Alert's intangible assets <br /> for basic rate calculation purposes, and future increases shall <br /> comply with FCC rate calculation rules; and <br /> WHEREAS, TWI and Alert represent that, notwithstanding this <br /> transfer of control, Alert shall be bound by the performance of <br /> Alert and CIC under the franchise prior to the transfer. <br /> NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners <br /> that Orange County hereby approves the transfer application and <br /> consents to the transfer to TWI, as described in the transfer <br /> application subject to the following conditions which shall become <br /> effective if the Transfer is consummated: <br /> 1. TWI and Alert: a) agree to- cause Alert to be bound by the <br /> Cable Television Franchise Ordinance and perform all duties and <br /> obligations of the grantee thereunder; b) represent and warrant <br /> that Alert is able to provide, and shall agree to provide to the <br /> County and its subscribers all services required under said <br /> franchise subject to changes or modifications as permitted under <br /> the franchise and applicable law; c) acknowledge and agree that <br /> they were, and shall be subject to the regulatory authority of the <br /> County as set forth by the Federal Communication Commission; d) <br /> agree to cooperate fully with the County and to obtain from any <br /> governmental agency all licenses, permits and other authority <br /> necessary for lawful operation and maintenance of the cable <br /> television system; and e) agree to cause Alert to provide basic <br /> cable service to all public schools and other government facilities <br /> passed by cable to the extent consistent with existing franchise <br /> requirements; and <br /> 2. TWI and Alert agree, subject to availability on an <br /> interconnecting signal transportation network controlled by TWI and <br /> subject to available channel capacity, to interconnect the County <br /> system with other adjacent TWI systems to distribute regional <br /> programs (e.g. ; LO and PEG access]; and <br />