Newhouse Broadcasting Corp. and Subsidiaries, et al. - Page 12




                                               - 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.                                  






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