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Agenda - 11-15-2005-5k
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Agenda - 11-15-2005-5k
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9/2/2008 12:29:56 AM
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8/29/2008 10:40:49 AM
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BOCC
Date
11/15/2005
Document Type
Agenda
Agenda Item
5k
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Minutes - 20051115
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2005
ORD-2005-197 - Ordinance granting Cable Franchise to Time Warner Entertainment- Advance/Newhouse
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Path:
\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2005
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~~ <br />B. The Grantee, on atr annual basis, shall furnish the Grantor a statement within <br />ninety (90) days of the close of the calendar yeaz, certified by an official of the <br />Grantee responsible for the Cable System's financial statements, reflecting the <br />total amounts of Gross Revenues, and all payments, and computations for the <br />previous calendar year. Upon ten (10) calendaz days prior written notice, the <br />Grantor shall have the right to conduct an independent audit of the Grantee's <br />records for the most recent sixty (60) months to determine whether proper <br />Franchise Fees have been paid. If, after resolving azly dispute arising from such <br />audit, the Grazitee has made a Franchise Fee undeipayment of three percent <br />(3..0%) or more, the Grantee shall reimburse the Grantor for all reasonable costs <br />actually expended in conducting any such audit. Tn other events, the Grantor shall <br />bear all costs and fees, associated with any such audit. <br />G All of the Grantee's books and records concerning its Gross Revenues and its <br />calculation of payments to the Grantor, shall be available for inspection by an <br />appropriate officer of the Grantor, or its designee, at reasonable times to <br />determine the amount of compensation due to the Grantor from the Grantee under <br />this Franclise. Such records shall be kept so as to accurately show the same. The <br />Grantee shall prepaze and make available to the Grantor at times reasonably <br />requested by the Grazrtor and in the form prescribed by the Grantor after <br />consultation with the Grantee, such reports with respect to its Cable System, and <br />the Gross Revenues derived there from, as the Grantor may deem reasonably <br />necessary or appropriate. <br />D. In the event the Grantee makes an underpayment or in the event the Grantee fails <br />to make any payment on or before the date it is due, the Grantee shall pay interest <br />at a rate of one percent (1%) per month on any such under payment and/or late <br />payment. <br />E. Consistent with federal requirements, the Grantee shall file no less frequently than <br />annually any tariffs, amendments, or modifications affecting the sale of its <br />services and Customer terminal equipment and shall provide written notification <br />to the Grantor withn thirty (30) days of any proposed changes. The Grantee shall <br />provide notice to the Grantor of all filings, reports and petitions to local, state, or <br />federal regulatory agencies concerning the Franchise, wlich are required by 47 <br />CFR § 76.1700 of the FCC's rules to be maintained in the Grantee's public <br />inspection file. Upon request, the Gruitee shall provide copies of said filings to <br />the Grantor. <br />Section 9. Franchise -Not Exclusive <br />A. This Franchise is not exclusive. The Grantor reserves the right to grant <br />Franchises to other persons, as well as the right in its own nanle, to operate a <br />Cable System for similar or different purposes allowed the Grantee hereunder. <br />8 <br />
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