- 4 -
previously rebuilt in 1979. The evidence does not indicate
whether the other three cable television systems had been
previously rebuilt.
Wometco operated the six cable television systems under
approximately 42 separate, local franchise agreements. Wometco's
rights under the franchise agreements were nonexclusive and had
terms of 10 to 15 years. Most of the franchise agreements
contained general language that required Wometco to maintain its
cable television systems consistently with the highest accepted
standards of the cable television industry so that the customers
would receive the highest and most desirable form of service.
Also, most of the franchise agreements required Wometco to
maintain the systems at a minimum capacity of 20 channels.
Wometco's franchise agreements typically included language
that set forth the following requirements:
(a) The CATV system shall be installed and maintained in
accordance with the highest accepted standards of the
industry to the end that the subscriber may receive the
highest and most desirable form of service.
(b) In determining satisfactory compliance with the
provisions of this section, the following, among other
things, shall be considered:
(1) That the CATV system is installed and remains
capable of using all band equipment and of passing
the entire VHF and FM spectrum and that it shall have
the further capability of converting UHF for the
distribution to subscribers on the VHF band.
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