- 12 - By his affidavit, Mr. Bjorklund declares: From the date of its organization in 1983, MetroVision has been engaged solely in the business of providing cable television service to the residents of the City of Livonia. The subject property was installed in compliance with specific provisions of the Livonia Franchise Agreement. In some instances, MetroVision installed updated versions of equipment illustrated in MetroVision’s application, which "had the incidental effect of increasing by two channels the potential capacity of the sixty-two channel Livonia cable television system." By his affidavit, Mr. Kearse describes cable television franchise agreements generally and declares that the core provisions of the Livonia Franchise Agreement are consistent with the terms of such agreements. By his affidavit, respondent’s affiant, Mr. Gramlich, acknowledges that the Livonia Franchise Agreement "contains fairly specific details as to such things as performance standards, programming, and installation." He rejects, however, Mr. Kearse’s declaration that a cable franchise generally carries with it "the obligation to incorporate new ‘state of the art’ technology in the facilities and to extend and improve service over the life of the franchise", and he concludes that the Livonia Franchise Agreement contains no such obligation. In reaching this conclusion, Mr. Gramlich apparently ignores the state-of-the-art requirement contained in Ordinance 1651.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011