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Livonia Franchise Agreement or franchise agreement). On June 1,
1983, MetroVision sent a letter to the City of Livonia accepting
the cable television franchise (MetroVision letter of
acceptance). The parties have stipulated that, for purposes of
the motions, the Livonia Franchise Agreement was, as of December
31, 1985, a binding written contract between MetroVision and the
City of Livonia.
2. Relevant Terms of the Franchise Agreement
By the franchise agreement, MetroVision was awarded
the right to construct, operate, and maintain a cable
television system within the corporate boundaries of
the City of Livonia, and to construct, operate and
maintain * * * all necessary poles, towers, anchors,
wires, cables, electronic conductors, underground
conduits, manholes, terminals and other structures and
appurtenances integral to this cable television
system.2
The franchise agreement defines the term "cable television
system" as follows:
A system of coaxial cables or other electrical
conductors and equipment used to receive or originate
or receive television radio signals and to transmit
them via cable to subscribers for a fixed or variable
fee, including the origination, receipt, transmission,
and distribution of voices, sound signals, pictures,
visual images, digital signals, telemetry, or any other
type of closed circuit transmission by means of
2 The franchise agreement defines the term “Franchise” as
follows: “The rights of grantee [MetroVision] to construct and
operate a cable television system in the City, subject to the
City Charter, the Cable Television Regulatory Ordinance, this
ordinance and all other applicable ordinances of the City, and
the franchise agreement.”
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Last modified: May 25, 2011