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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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