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<br />upon, across', and along the public streets, alleys, and ways within the County
<br />such wires, cables, fiber optics, conductors, ducts, conduits, vaults,
<br />manholes, amplifiers, appliances, pedestals, and attachments as are necessary
<br />and appurtenant to the operation of the Cable Television System in the County
<br />and in conformance with this Franchise, the Cable Ordinance, and generally
<br />applicable County regulations.
<br />II. RIGHT OF COUNTY TO ISSUE FRANCHISE
<br /> Franchisee acknowledges and accepts the legal right of the County to
<br />issue this Franchise Agreement.
<br />III. EFFECTIVE DATE OF FRANCHISE, EFFECT UPON EXISTING FRANCHISE
<br /> The effective date of the Franchise shall be the date set forth above
<br />and, immediately upon the taking effect of this Franchise Agreement, the prior
<br />franchise granted to Franchisee, shall be superseded and of no further force
<br />and effect; provided, however, vested rights relating to billings and the
<br />County's rights to accrued franchise fees shall not be affected thereby; and
<br />provided, further, that any criminal proceedings commenced under or pursuant
<br />to said Franchise shall in no manner be affected.
<br />IV. TERM
<br /> The term of the Franchise shall be for a period of twelve (12) years
<br />from the effective date, unless sooner terminated as provided in the Cable
<br />Ordinance, at which time it shall expire and be of no further force and
<br />effect, unless renewed in accordance with the provisions of the Cable Act.
<br />V. FRANCHISE NONEXCLUSIVE
<br /> Consistent with the requirements of the Cable Ordinance, this Franchise
<br />Agreement .shall not be construed as any limitation upon the right of the
<br />County to grant to other persons rights, privileges, or authorities similar to
<br />the rights, privileges, and authorities herein set forth, in the same or other
<br />streets, alleys, or other public ways or public places. The County
<br />specifically reserves the right to grant at any time during the term of this
<br />Agreement or renewal thereof, if any, such additional franchises for a Cable
<br />Television System as it deems appropriate. Any additional cable television
<br />franchises shall be granted on substantially equivalent terms and conditions
<br />to those granted hereunder and shall not in any material provision be more
<br />favorable or less burdensome than any other franchise granted hereunder
<br />VI. INCORPORATION OF THE CABLE ORDINANCE BY REFERENCE AND RESOLUTION OF
<br /> CONFLICTS
<br /> Ail terms, conditions and provisions of the Cable Ordinance of the
<br />Cabarrus County Code of Ordinances shall be deemed to be embodied in this
<br />Franchise Agreement, and the express terms of the Ordinance shall prevail over
<br />conflicting or inconsistent provisions of the Franchise.
<br />VII. DEFINITIONS
<br /> Ail definitions set forth in Section III of the Cable Television
<br />Ordinance of the County of Cabarrus pertain to this Franchise Agreement and
<br />shall be relevant to the purposes and meaning of this Franchise Agreement.
<br />VIII. SERVICE AREA
<br /> A. Service to Residents. Franchisee shall offer cable television
<br />residential service to all areas within the corporate limits of the County of
<br />Cabarrus as provided herein. Franchisee will extend service at no additional
<br />cost to any residential dwelling unit within 150 feet of existing aerial or
<br />underground plant. A map detailing the extent of Franchisee's system (as of
<br />January 1, 1998) showing the areas of Cabarrus County served by the system is
<br />attached hereto as a part of Appendix A for purposes of information.
<br /> B. New Residential Construction. Franchisee shall extend service to
<br />all residences within the County where the density of homes is at least
<br />eighteen (18) homes per mile from the nearest connecting point on the cable
<br />system within ninety (90) days of a 'request, unless all applicable permits
<br />have not been received. Franchisee shall apply for such permits in a timely
<br />manner.
<br /> C. Line Extension. In areas with less than eighteen (18) homes per
<br />proposed mile, Franchisee shall offer a cost-sharing arrangement to residents.
<br />Franchisee shall bear its pro-rata share of the current construction costs
<br />based upon the actual number of potential subscribers per mile. The cost-
<br />sharing arrangement shall consist of the following.
<br /> 1. On the request of a subscriber desiring service, Franchisee shall
<br />prepare, at its cost, an engineering survey and cost analysis to determine the
<br />cost of the plant extension required to provide service to the subscriber from
<br />the nearest connecting point on the cable system.
<br /> 2. The cost of construction shall be allocated based on the following
<br />formula: If a request for extension of service into a residential area
<br />requires the construction of cable plant which does not pass at least eighteen
<br />(18) potential subscribers per mile, Franchisee and subscribers will each bear
<br />their proportionate share of construction costs. For example, if there are
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