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231 <br /> <br />required to fulfill this obligation for the franchisee, the <br />franchisee shall reimburse the County for any costs or <br />damages that are the result of the franchisee~s failure <br />to perform. <br /> <br />5.9 <br /> <br />Sale of System Mandatory: In the event the County elects <br />to revoke the franchise or fails to renew the franchise, <br />and providing the County elects not to purchase the system, <br />the County may require that the system be sold to a <br />franchisee designated by the Board of Commissioners at <br />a purchase price that shall be equivalent to the fair <br />market value determined in the same manner described in <br />Section 5.3. <br /> <br />5.10 <br /> <br />Periodic Review: Because of the regulatory, technical, <br />financial, marketing, and legal uncertainties associated <br />with cable communications, the franchisee shall agree to <br />the following review provisions in order to provide for <br />a maximum degree of flexibility in this franchise and to <br />help achieve a continued advance and modern system for <br />the County: <br /> <br />(a) The County and the franchisee shall hold scheduled <br /> review sessions within thirty (30) days of the fifth <br /> and tenth anniversary dates of the franchisee's <br /> obtaining certification for the system from the FCC. <br /> <br />(b) Special review sessions may be held in the County <br /> Courthouse at any time during the term of the <br /> franchise upon reasonable notice by either party to <br /> the other. A special review session shall be held <br /> in the event any clause or section of this ordinance <br /> is voided, nullified~ deleted or modified by the <br /> authority of any regulatory agency including the FCC, <br /> and the franchisee will comply with the FCC rules <br /> within one (1) year from adoption of the new rule. <br /> <br />The following topics shall be discussed at every scheduled <br />review session: service, rate structures, free or dis- <br />counted services, application of new technologies, state <br />of the art, system performances, services provided, pro- <br />gramming offered, customer complaints, privacy in human <br />rights, amendments to this ordinance, undergrounding <br />provisions, judicial and FCC rulings, and extension of <br />service. In addition, other topics may be discussed <br />as determined by the County. <br /> <br />At either a scheduled or special review session a public <br />hearing may be called if and as determined by the Board <br />of Commissioners. <br /> <br />Franchise Area and Extension of Service, <br /> 6.1 Franchise Territory.: The franchise is for all of Cab- <br /> arrus County outside of the corporate limits of City. <br /> <br />6.2 <br /> <br />Service: The franchisee agrees to make available basic <br />CATV service to all residents of the County within the <br />basic service area, subject to the provisions of Section <br />6.4. The franchisee shall accomplish significant con- <br />struction within one (1) year after receiving commission <br />certification and shall thereafter equitably and reason- <br />ably extend energized trunk cables into a substantial <br />percentage of its franchise area each year; subject <br />percentage to be not less than: <br /> <br />(a) 50% at the end of 2 years. <br /> <br />(b) 70% at the end of 3 years. <br /> <br />(c) 80% at the end of 4 years, <br /> <br />(d) 90% at the end of 5 years. <br /> <br /> <br />