Common use of Cable Act Clause in Contracts

Cable Act. The System and Seller's operation of the System are in compliance in all material respects with the FCC's rules and regulations and the provisions of the Cable Act as such Legal Requirements apply to Seller and/or the System. Except as described on SCHEDULE 3.12, Seller is in compliance in all material respects with the must-carry and retransmission consent provisions of the 1992 Cable Act as they relate to the System. All of the television broadcast signals carried by the System are carried either pursuant to the must-carry requirements or pursuant to executed retransmission consent agreements. To Seller's Knowledge, the rates charged to subscribers, effective since September 1, 1993, are or were allowable under the Cable Act and any authoritative interpretation thereof now or then in effect, whether or not such rates are or were subject to regulation on or after that date by any Governmental Authority, including any local franchising authority and/or the FCC, unless such rates were and are not subject to regulation pursuant to a specific exemption from rate regulation contained in the Cable Act other than the failure of any franchising authority to have been certified to regulate rates. Seller has delivered to Buyer complete and correct copies of all reports and filings for the past three years made or filed pursuant to the Cable Act or FCC rules or regulations with respect to the System, including, without limitation, FCC Forms 159 (Remittance Advice), 159C, 320, 325, 328, 329, 393, 395A, 854, 1200, 1205, 1210, 1215, 1220, 1225, 1230 and 1240, copies of Seller's material correspondence with any Governmental Authority relating to rate regulation generally or specific rates charged to subscribers of the System including, without limitation, copies of any complaints filed with the FCC with respect to Seller's rates charged to such subscribers and sufficient documentation supporting an exemption from the rate regulation provisions of the Cable Act. Seller is in material compliance with the commercial leased access provisions of the 1992 Cable Act and has delivered to Buyer copies of any demands for commercial leased access carriage and any correspondence relating to such requests. SCHEDULE 3.12 contains a list of all Franchise areas that are certified to regulate rates pursuant to the regulations of the FCC and a list of all Franchise areas in which a complaint regarding cable programming services has been filed with the FCC and received by Seller. A request for renewal has been timely filed under Section 626(a) of the Cable Act with the proper Governmental Authority with respect to each franchise of the System expiring within 36 months of the date of this Agreement. To Seller's Knowledge, Seller has not violated any laws or any duty or obligation with regard to protecting the privacy rights of any past or present subscribers of the System.

Cable Act. The System Company and Seller's operation of its Subsidiaries are operating the System are Systems in material compliance in all material respects with the FCC's rules and regulations and Franchises, the Copyright Act, the Cable Act, the provisions of the Cable Communications Act of 1934, as amended, 47 U.S.C. section151 et seq. and the rules and regulations promulgated thereunder ("Communications Act"), as such Legal Requirements Laws apply to Seller and/or the System. Except as described on SCHEDULE 3.12Systems, Seller is in compliance in all material respects with the including those relating to signal carriage, syndicated exclusivity, network non-duplication, sports black-out, must-carry and retransmission consent provisions consent. No written notice or demands, and to the knowledge of the 1992 Cable Act as they relate Company and its Subsidiaries, no oral notice or demands, have been received from any television station or from any other person claiming to have a right, or objecting to or challenging the System. All right of the Systems, to carry or deliver any signal, or challenging the channel position on which any television broadcast signals carried by the System are carried either pursuant station is carried. The Company and its Subsidiaries have used reasonable good faith efforts to the must-carry requirements or pursuant to executed retransmission consent agreements. To Seller's Knowledge, the establish rates charged to subscribers, effective since September 1, 1993, Subscribers that are or were allowable under the Cable Act and any authoritative interpretation thereof now or then in effect, whether or not such rates are or were subject to regulation on or after at that date by any Governmental AuthorityEntity, including any local franchising authority and/or the FCC, unless such rates were and are not subject to regulation pursuant to a specific exemption from rate regulation contained in the Cable Act Act, other than the failure of any franchising authority to have been certified to regulate rates. Seller has delivered to Buyer The Company and its Subsidiaries have filed complete and correct copies of all reports and filings for the past three years made or required to be filed pursuant to the Cable Act or FCC rules or regulations with respect to the SystemSystems, including, without limitation, FCC Forms 159 (Remittance Advice), 159C, 320, 325, 328, 329, 393, 395A, 854, 1200, 1205, 1210, 1215, 1220, 1225, 1230 and 1240, copies of Seller's material correspondence including but not limited to equal opportunity reporting in accordance with any Governmental Authority relating to rate regulation generally or specific rates charged to subscribers of the System including, without limitation, copies of any complaints filed with the FCC with respect to Seller's rates charged to such subscribers and sufficient documentation supporting an exemption from the rate regulation provisions Section 634 of the Cable Act. Seller No System is in material compliance with the commercial leased access provisions of the 1992 Cable Act and has delivered to Buyer copies of rate-regulated under any demands for commercial leased access carriage and any correspondence relating to such requests. SCHEDULE 3.12 contains a list of all Franchise areas that are certified to regulate rates pursuant to the regulations of the FCC and a list of all Franchise areas in which a complaint regarding cable programming services has been filed with the FCC and received by SellerLaw. A request for renewal has been timely filed under Section 626(a) of the Cable Act with the proper Governmental Authority Entity with respect to each franchise of the System Franchise expiring within 36 months of the date of this Agreement. To Seller's KnowledgeNeither the Company nor any of its Subsidiaries have received any written notice or, Seller has not violated to the knowledge of the Company and its Subsidiaries, any laws oral notice from any Governmental Entity with respect to the intention to enforce customer service standards pursuant to the Cable Act, and neither the Company nor any of its Subsidiaries have agreed with any Governmental Entity to establish customer service standards that exceed the standards in the Cable Act. Except as set forth in Section 3.18(e) of the Company Disclosure Schedules, there are no requests by any television station that asserts must-carry status seeking carriage on any System that the Company or any duty of its Subsidiaries has denied or obligation refused to honor or that is the subject of a complaint filed with regard to protecting the privacy rights FCC. For the purposes of any past or present subscribers this Agreement, "Cable Act" means Title VI of the SystemCommunications Act of 1934, as amended, 47 U.S.C. section151 et seq., and all other provisions of the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, and the provisions of the Telecommunications Act of 1996 amending Title VI of the Communications Act, as such statutes may be amended from time to time, and the rules and regulations promulgated thereunder.