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Agenda - 10-01-2003-7a
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Agenda - 10-01-2003-7a
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Last modified
9/2/2008 2:57:24 AM
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BOCC
Date
10/1/2003
Document Type
Agenda
Agenda Item
7a
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Minutes - 20031001
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\Board of County Commissioners\Minutes - Approved\2000's\2003
ORD-2003-112 First Reading - Ordinance Granting Franchise to Time Warner Entertainment/Advance-Newhouse Partnership, to Own, Operate and Maintain Cable System in Unincorporated Orange County
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\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2003
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10 <br />Grantee shall pay fifty percent (50%) of the extension cost and the <br />requesting Subscriber(s) shall pay the remaining fifty percent (50%). <br />C. Upon receipt of a request for a Cable Service extension from the Grantor, the <br />Grantee shall, within (30) days, respond in writing with its calculation of the <br />density. If the density is less than eighteen (18) homes per mile, the Grantee shall <br />also provide a firm price good for six (6) months reflecting the proportional share <br />which requesting resident(s) must pay on a cost sharing basis to obtain Cable <br />Service. Within ninety (90) days from payment of the cost share by prospective <br />Subscriber(s) and receipt of all necessary utility permits or other Right-of--Way <br />permits, the Grantee shall complete the extension of Cable Service. <br />D. As the household density increases in an area where service is extended on a cost <br />sharing basis, the Grantee shall, upon request, annually refund a proportionate <br />share of the Subscriber(s)' contributions commensurate with the increase in <br />density. Such refunds shall not be due to requesting parties after five (5) years <br />from the date of completion of a Cable Service extension. <br />Section 5. Customer Service Standards <br />Grantee agrees to operate its Cable System in a manner consistent with the Customer <br />Service Standards attached as Exhibit A, as long as such standards are not inconsistent <br />with those of federal law. <br />Section 6. Compensation, Auditing and Other Payments <br />A. The Grantee shall pay the Grantor throughout the term of this Franchise, as <br />compensation, an annual Franchise Fee of five percent (5%) of the Grantee's <br />Gross Revenues. <br />B. All such payments of Franchise Fees shall be payable quarterly by April 30, July <br />31, October 31 and January 31 for the preceding three (3) month period ending on <br />March 31, June 30, September 30 and December 31, respectively. Franchise Fee <br />payments shall be accompanied by a report itemizing by service category the <br />Gross Revenues and the calculation of the payment due for the preceding period. <br />C. The Grantee, on an annual basis, shall furnish the Grantor a statement within <br />ninety (90) days of the close of the calendar year, 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) calendar 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 any dispute arising from such <br />audit, the Grantee has made a Franchise Fee underpayment of three percent <br />(3.0%) or more, the Grantee shall reimburse the Grantor for all reasonable costs <br />8/22/2003 <br />
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