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w <br />w? <br /> <br /> <br />FRANCHISE AGREEMENT <br /> <br />Whereas, an Agreement has been made as of the 9th day of May, 1996, <br />between the CITY OF NORTH OLMSTED, ("Franchise Authority" or "City°) and <br />AMERITECH NEW MEDIA, INC., ("GRANTEE"), having its principal office at 300 South <br />Riverside Drive, Suite 1800, Chicago, Illinois 60606. <br />Whereas, the GRANTEE has applied to the City of North Olmsted for the <br />granting of a franchise, granting it the right to construct, operate, and maintain a Cable <br />System for the purpose of transmitting, receiving, amplifying and distributing analog <br />and digital, television, radio, data signals and for any other purpose permitted by law <br />to the City of North Olmsted and the inhabitants thereof, which consists of signal <br />generation, reception, retransmission and control equipment transmission paths, <br />cables, wires, poles, amplifying devices and associated apparatus within the <br />geographical boundaries of the City of North Olmsted; and <br />Whereas, on the 19th day of March, 1996, the 2nd day of April, 1996 and the 8th <br />day of April, 1996, the City held public hearings affording due process to consider the <br />granting of a franchise to the GRANTEE; AND <br />Whereas, the technical and financial ability, character and ability to fulfill future <br />communication needs were considered and approved at such hearing; and, <br />Now, therefore, in consideration of the mutually agreed conditions and <br />covenants contained herein: <br />SECTION 1: <br />IT IS MUTUALLY AGREED AS FOLLOWS: <br />1. DEFINITIONS: For the purpose of this Agreement, the following bold, <br />capitalized terms, phrases, words and their derivations shall have the meaning given . <br />herein. When inconsistent with the context, words used in the present tense includes <br />the future, words used in the plural number includes the singular, and vice versa. <br />(a) "Activated Channels" Shall mean those channels engineered at the <br />headend of the System for the provision of services generally available to the <br />residential Subscribers of the system. <br />(b) "Cable Act" Shall mean the Cable Communications Policy Act of 1984. <br />(c) "Cable Act Of 1992" Shall mean the Cable Television Consunner <br />protection and Competition Act of 1992.