Newhouse Broadcasting Corp. and Subsidiaries, et al. - Page 4




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            The parties have also filed various memoranda of law, some with                            
            attached affidavits, and other documents.  The following                                   
            recitation of facts is drawn primarily from the stipulation of                             
            facts.  Certain other facts (which facts we deem                                           
            noncontroversial) are included in that recitation.  In section                             
            II.C., infra, we summarize pertinent parts of the various                                  
            affidavits submitted by the parties.  Those affidavits are                                 
            relevant principally with respect to petitioner’s motion.  We                              
            believe that those affidavits support our conclusion that, with                            
            respect to the requirements of the supply or service transition                            
            rule, there are genuine issues of fact that foreclose summary                              
            judgment for petitioner.                                                                   
                  B.  Facts Pertaining to the MetroVision Television Franchise                         
                        1.  Granting of the Cable Franchise to MetroVision                             
                  On August 23, 1982, the council of the City of Livonia,                              
            Michigan, enacted Ordinance No. 1651 (Ordinance 1651).  Ordinance                          
            1651 contains the procedures pursuant to which the City of                                 
            Livonia issued a request for proposals (request for proposals)                             
            with respect to the construction of a cable television system                              
            within the city.  In response to the request for proposals,                                
            MetroVision submitted a franchise application, dated December 13,                          
            1982 (the MetroVision application).  On May 18, 1983, the City of                          
            Livonia enacted Ordinance 1685, which awarded a 15-year                                    
            nonexclusive cable television franchise to MetroVision (the                                






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