Orange County NC Website
Browse       Search
~~ <br />E. The costs of meeting the requirements of the provisions hereof may be passed <br />through to subscribers in accordance with federal law. <br />Section 15. Institutional Network Provisions <br />A. So long as the Grantee offers a ligh-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 in the Raleigh <br />Division for the same level of service or (2) at a twenty percent (20%) discount <br />off the applicable commercial rate in the Raleigh Division, whichever rate is most <br />beneficial to the Grantor. Any rate chazged to the Grantor based upon the most <br />favored commercial customer rate shall become effective not more than sixty (60) <br />days from the date that the Grantee has entered into a contract with the most <br />favored commercial customer in the Raleigh Division, The twenty percent (20%) <br />discount shall not be treated as a franchise related cost in accordance with the <br />Federal Comrunications Commission rate regulation procedures. Support by the <br />Grantee of the Grantor's Institutional Network needs shall be negotiated in a <br />separate agreement. <br />Section 16. Transfer of Ownership or Control <br />A. Any Franchise granted hereunder catmot be sold, transferred, leased, assigned or <br />disposed of, including but not limited to, by force or voluntazy sale, merger, <br />consolidation, receivership or other means without the prior consent of the <br />Grantor, which shall not be unreasonably withheld, provided that the Grantee may <br />transfer the Franchise to an entity under common control with the Grantee without <br />such consent, but notice thereof shall be provided to the Grantor. <br />B. The Grantee shall promptly notify the Grantor of any actual or proposed change <br />in or transfer of, or acquisition by any other party of control of the Grantee. The <br />ward "control" as used herein is not limited to major stocldrolders, but includes <br />actual working control in whatever manner exercised. There shall be a rebuttable <br />presumption of a transfer of control upon the disposal by the Grantee, directly or <br />indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, <br />of twenty-five percent (25%) or more, at one time, of the ownership or controlling <br />interest in the Cable System. The Grantor shall exercise its power to approve a <br />transfer of ownership or control in a manner consistent with Section 617 of the <br />Communications Act (47 U.S.C, §537).. <br />C. For the purpose of determining whether it shall consent to such change, transfer or <br />acquisition of control, the Grantor may inquire into the legal, financial, and <br />technical qualifications of the prospective controlling party. Consent shall not be <br />unreasonably withheld. <br />12 <br />