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_4-. <br /> receives by HBO satellite the defendant is operating a communit <br /> antenna s , Y <br /> stem <br /> Y Whatever type system the defendant is operating, <br /> the franchise tax is based on the community antenna television <br /> service and the ordinance does not include within this the HBO <br /> satellite service. The plaintiffs also argue that G.S. <br /> which governs the City's right to 160A-319, <br /> g grant the franchise, includes <br /> the HBO satellite. If the statute gives the City <br /> include the gross receipts from the HBO satellite the right to <br /> to service in the <br /> franchise tax, the City did not do so. <br /> The plaintiffs also argue that if the furnishing <br /> HBO satellite service is not a of the <br /> part of the CATV system the <br /> defendant has exceeded its franchise right and is illegally ' <br /> offering this service. This <br /> question has not been presented in <br /> this case and we do not pass on it. <br /> For the reasons stated in this opinion, we reverse and <br /> remand. <br /> Reversed and remanded. - <br /> Judges PHILLIPS and MARTIN concur. <br /> A TRUE COPY <br /> C :4- OF THE COURT OF APPEALS <br /> E NORTH CARO <br /> as <br /> / DEPUTY CLERK <br /> a• I <br />