Newhouse Broadcasting Corp. and Subsidiaries, et al. - Page 7




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            The term "state-of-the-art equipment" is defined by the franchise                          
            agreement to encompass "[a]ny components or equipment accepted                             
            and used by leaders in the industry and considered to be the most                          
            modern and advanced equipment commercially available."                                     
            Consistent with the requirement to install state-of-the-art                                
            equipment, the franchise agreement also requires MetroVision to                            
            "meet or exceed all the material construction and service                                  
            requirements set out in * * * [petitioner’s] franchise                                     
            applications."  (Emphasis added.)                                                          
                  Exhibits A through F attached to the Livonia Franchise                               
            Agreement contain detailed requirements concerning cable system                            
            design and performance (exhibit A), the system construction                                
            schedule (exhibit B), system services and programming                                      
            (exhibit C), support for public access and local programming                               
            (exhibit D), the initial schedule of rates and charges for all                             
            services to be provided by MetroVision (exhibit E), and the                                
            construction procedures for installation of the system                                     
            (exhibit F).                                                                               
                  Various subsections of exhibit A list the required                                   
            capacities, capabilities, and technical standards of the                                   
            equipment and facilities to be installed.  For example,                                    
            MetroVision is required to build a cable system that, at a                                 
            minimum, delivers signals at frequencies up to 440 MHz (60                                 
            channel capacity); has satellite earth stations capable of                                 






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Last modified: May 25, 2011