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Agenda - 11-15-2005-5k
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Agenda - 11-15-2005-5k
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Last modified
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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as <br />The exercise of one remedy shall not foreclose use of aziother, nor shall it relieve the <br />Grantee of its obligations to comply with the Franchise- Remedies may be used singly or <br />in combination; in addition, the Grantor may exercise any rights it has under applicable <br />law.. In no event shall the election of remedies result in a double recovery by the <br />Grantor.. <br />Section 28. Books and Records -Inspection <br />A. The Grazmtor may inspect the books, records, maps, plans, and other documents, <br />including financial documents, in the control or possession of the Grantee, to <br />evaluate compliance with the Franchise. The material shall be made available at <br />the Grarmtee's facilities unless the Grantee agrees to make inspection available at <br />some other place. Material that the Grantor requires the Grantee to produce under <br />this Section shall be produced upon written notice, no later than thirty (30) <br />calendar days after the request for production. Requests for extensions of time to <br />respond shall not be unreasonably denied. <br />B. The Grazitee may request that the Grantor treat any books, records, maps, plans <br />and other documents of the Grantee containing trade secrets or proprietary <br />information as confidential under the North Carolina Public Records Law. To the <br />extent authorized by the Public Records Law and other applicable state and <br />federal law, the Grantor shall maintain the confidentiality of information <br />designated "proprietazy" by the Grantee. Should the Grantor receive a request to <br />review the Grantee's records or books under the North Carolina Public Records <br />Law, it will promptly notify the Grantee and provide an opportunity for the <br />Grantee to raise an objection, demonstrate why the requested information is <br />proprietary and, if necessary, seek a court order to protect its proprietary <br />information. However, any action taken by the Grantee to protect its records or <br />information shall be done at no cost or liability to the Grantor. Further, Grantor <br />agrees to cooperate with Grantee to ensure the non-disclosure of information <br />Grantee deems confidential or competitively sensitive. <br />G The Grantor shall provide prompt notice of additions or deletions to its boundaries <br />to the Grantee. To determine whether the Grantee is remitting Franchise Fees <br />based upon revenues received from its customer(s) to the proper franchising <br />authority, the Grantee shall cooperate with the Grantor by providing such <br />information as it has reasonably available regarding its customers' addresses <br />consistent with 47 U.S,C. §551. <br />Section 29. Inspection of Cable System <br />Upon Reasonable Notice, Grantor may inspect the distribution facilities and equipment of <br />the Cable System. If, based on Customer complaints or its own investigation, time Grantor <br />finds that the Cable System's operation is out of compliance with the Franchise or <br />applicable federal rules, it may require the Grantee to perform tests, prepare a report azmd <br />present to the Grantor the results of those tests.. The Grantee shall identify any problem <br />18 <br />
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