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®t164 _ orl,? ? 4 <br />STATE OF NORTH CAROLINA <br />ORANGE COUNTY <br />ORDINANCE 2005 - <br />17 =IA_ . ? 52 <br />? ,,,?tfj Cato <br />CABLE TELEVISION FRANCHISE <br />An Ordinance granting a Franchise to Time Warner Entertainment-Advance/Newhouse <br />Partnership, a New York general partnership (the "Grantee") to own, operate and maintain a <br />Cable System in Orange County, North Carolina. <br />WHEREAS, Orange County, (the "Grantor"), desires to assure the widespread <br />availability of Cable Services within the County; <br />WHEREAS, the Grantor has, following reasonable notice, and after consideration, <br />analysis and deliberation conducted public proceedings, during which proceedings the technical <br />ability, financial condition, legal qualification and general character of the Grantee were <br />determined acceptable to receive a renewal of its Franchise; <br />WHEREAS, the Grantor also has considered and analyzed the plans of the Grantee for <br />the construction and operation of its Cable System and found the same to be adequate and <br />feasible in view of the needs and requirements of the area to be served by the Cable System; <br />WHEREAS, the Grantor, has determined that it is in the best interest of and consistent <br />with the public convenience and necessity of its residents to grant a Franchise to the Grantee to <br />operate a Cable System within the County on the terms and conditions hereinafter set forth; and <br />WHEREAS, the Grantee desires to operate a Cable System consisting of fiber optic and <br />coaxial cables along state and private right-of-way within the Grantor's, jurisdiction. <br />NOW, THEREFORE, the parties agree as follows: <br />Section 1. Nature and Terms of Grant <br />A. The Grantor hereby grants the Grantee a County-wide Franchise to construct and <br />operate a Cable System, using owned and/or' leased facilities, which may be <br />located in state or private Rights-of-Way within its.jurisdiction. <br />B. Notwithstanding Section IA, the Grantee may, in its sole discretion, elect to lease <br />fiber optic and coaxial cable and other cable communication facilities from other <br />communication companies to support the operation of its Cable System.