Administrative Coursework

Administrative Coursework

Definitions

For the-purposes of this Franchise Agreement, terms, phrases, words, and abbreviations shall have the meanings set forth in the Town of Wiscasset Cable Television Ordinance (the "Ordinance"). The word "shall" is always mandatory and not merely directory. Any term defined in the Cable Act or FCC rules and/or regulations as of the effective date of this Franchise Agreement, but not included in the definitions set forth in the Ordinance, shall be incorporated herein by reference as if set forth in full, and shall be defined as appears in such Act, rules andlor regulations.

General Conditions

Representation bv Companv

Company represents to Grantor that neither it, nor its officers, agents, employees or any other person acting under its control or on its behalf has authorized or exerted or caused to be authorized or exerted any undue influence in furtherance of or to obtain the award of this Franchise Agreement, including any undue political influence, or has performed or authorized or caused to be performed or authorized any unlawful act in furtherance of or to obtain the award of this Franchise Agreement. A breach of the representations contained herein shall constitute a substantial violation of this Franchise Agreement, and shall entitle Grantor to terminate this Franchise Agreement for cause.

Grant of Authority

Company is hereby granted by Grantor, the nonexclusive right and privilege to construct, reconstruct, erect, operate and maintain, in the Town of Wiscasset (herein called the "Franchise area" or the "Town of Wiscasset" or "Wiscasset"), in, upon, along, across, above, over and under the Streets and Public Ways now laid out or dedicated, and all extensions thereof and additions thereto, poles, wires, cables, optical fibers, underground conduits, manholes and other television and radio conductors and fixtures necessary for the installation, maintenance and operation of a Cable System for the reception, transmission, collection, amplification, origination, interception, sale and distribution of Cable Services. Grantor expressly reserves the right to grant other such Franchise Agreements in the Town of Wiscasset on such terms as it deems appropriate in accordance with Section 2.4 herein and to operate a Town-owned Cable System. No privilege or power of eminent domain is bestowed by this grant of authority.

Exercise of Police Power

All rights and privileges granted herein are subject to the police power of Grantor to adopt and enforce local laws, ordinances, rules and regulations necessary to the health, safety and general welfare of the public, except that such additional laws shall not materially affect the parties' rights and obligations under this Agreement.

Competitive Relief

In the event that during the term of this Agreement Grantor enters into a franchise agreement with a second cable operator authorizing the operation of a cable system within the Town of Wiscasset for the provision of Cable Service, which system in any way operates in competition with the Company's Cable System, said second cable franchise agreement shall be granted on terms that, taken as a whole, are not materially more favorable or less burdensome to the second franchisee than the terms of this Franchise ...