FCC and Copyright Compliance. 3.18.1. Seller is permitted under all applicable FCC rules, regulations and orders to distribute the transmissions of video programming or other information that the Seller makes available to customers of the System presently being carried to the customers of and by the System and to utilize all carrier frequencies generated by the operations of the System, and is licensed to operate all the facilities required by law to be licensed, including, without limitation, any business radio and any cable television relay service system, being operated as part of the System. Except as provided in Schedule 3.18, Seller's operation of the System and of any FCC-licensed or registered facility used in conjunction with Seller's operation of the System is in compliance with the FCC's rules and regulations and the provisions of the Cable Act, and all required reports to the FCC related to the System are materially true and correct and have been timely filed, except where such noncompliance would not have, individually or in the aggregate, a Material Adverse Effect.
FCC and Copyright Compliance. 3.18.1. Seller is permitted under all applicable FCC rules, regulations and orders to distribute the transmissions (whether television, satellite, radio or otherwise) of video programming or other information that the Seller makes available to customers of the System presently being carried to the customers of and by the System and to utilize all carrier frequencies generated by the operations of the System, and is licensed to operate all the facilities required by law to be licensed, including, without limitation, any business radio and any cable television relay service system, being operated as part of the System. Except as provided in Schedule 3.18, Seller's operation of the System and of any FCC-licensed or registered facility used in conjunction with Seller's operation of the System, is in compliance with the FCC's rules and regulations and the provisions of the Communications Act, except for such noncompliance that would not have a Material Adverse Effect, and all required reports of Seller to the FCC are materially true and correct and have been timely filed. Seller makes no representation or warranty with respect to the effect of the cable television industry-wide dispute concerning music licensing fees.
FCC and Copyright Compliance. 5.19.1. The operation of each of the TCI Systems has been, and is, in compliance with the Communications Act and the rules and regulations of the FCC, except for such noncompliance which would not, individually or in the aggregate, have a System Material Adverse Effect and except for Legal Requirements with respect to rates charged to customers as to which the representations set forth in SECTION 5.19.2 shall apply. The TCI Subsidiaries and/or TCI, L.P. have made all material filings required to be made with the FCC (including cable television registration statements, annual reports and aeronautical frequency usage notices) and have provided all material notices to customers required under the Communications Act and the FCC's rules and regulations. The TCI Subsidiaries and/or TCI, L.P. are and since 1988 have been certified as in compliance with, the FCC's equal employment opportunity rules and the TCI Systems are in material compliance with all signal leakage criteria prescribed by the FCC. With respect to the TCI Systems, the TCI Subsidiaries have complied in all material respects with the specifications set forth in Part 76, Subpart K of the rules and regulations of the FCC and other provisions of the Communications Act or the rules and regulations of the FCC pertaining to signal leakage, to utility pole make ready and to grounding and bonding of cable television systems (in each case as the same is currently in effect).
FCC and Copyright Compliance. Seller is duly authorized under applicable CATV Instruments and FCC rules, regulations and orders to distribute the signals presently being carried to the subscribers of its System and has all required licenses for the operation of all facilities. The operation of the System is in substantial compliance with the FCC's rules and regulations, and Seller has received no notice and has no reason to know of any claimed default or violation with respect to the foregoing. Seller has filed all required reports with the FCC. Seller has made all requisite filings and payments with the Register of Copyrights and is otherwise in substantial compliance with all applicable benchmark rules and regulations of the Copyright Office. Up to 20 days after the execution of this Agreement, the Buyer shall have the right to conduct a physical and technical inspection of the system and shall have the right to conduct any tests to ensure that the System is in compliance with FCC rules, regulations and orders.
FCC and Copyright Compliance. Seller is duly authorized under ---------------------------- applicable agreements and FCC rules, regulations, and orders to distribute the signals presently being carried to the subscribers receiving service from the System. Except as set forth on SCHEDULE 3.15 the operation of the System is in ------------- material compliance with the FCC's rules and regulations, and Seller has received no notice and has no reason to know of any claimed default or violation with respect to the foregoing; provided, however, that Seller does not make any representations about rates charged to subscribers, other than the representation about rates charged to subscribers set forth below. Seller has used reasonable good faith efforts to establish rates charged to subscribers, effective since September 1, 1993, 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 at that date by any Governmental Authority, including any local franchising authority and/or the FCC, unless such rates were not subject to regulation pursuant to a specific exemption from rate regulation contained in the Cable Act. Except as set forth above, Seller makes no representations or warranties that rates charged to subscribers (a) are allowable under any rules or regulations of the FCC or any authoritative interpretation thereof or (b) would be allowable under any rules and regulations of the FCC or any authoritative interpretation thereof, promulgated after the date of Closing. Seller has made all requisite filings with and payments to the Register of Copyrights and is otherwise in substantial compliance with all applicable rules and regulations of the Copyright Office, except as to potential copyright liability arising from the performance, exhibition or carriage of any music on the System as to which Seller makes no representation.
FCC and Copyright Compliance. 3.19.1. Seller is permitted under all applicable FCC rules, regulations and orders to distribute the transmissions (whether television, satellite, radio or otherwise) of video programming or other information that the Seller makes available to customers of the Systems (the "SIGNALS") presently being carried to the customers of and by the Systems and to utilize all carrier frequencies generated by the operations of the Systems, and are licensed to operate all the facilities required by law to be licensed, including without limitation, any business radio and any cable television relay service system, being operated as part of the Systems. Except as provided in SCHEDULE 3.19, Seller's operation of the Systems and of any FCC-licensed or registered facility used in conjunction with Seller's operation of the Systems, is in compliance with the FCC's rules and regulations and the provisions of the Cable Act, except for such noncompliance which would not have a Material Adverse Effect. All reports required by the FCC to be filed and fees required to be paid to the FCC for each System for the most recent reporting or filing period for which such reports or payments are due: (i) are materially true and correct; and (ii) have been timely filed. Seller makes available to customers of the Systems and third parties all equipment and facilities required under any applicable federal, state and local laws, rules, regulations and ordinances. Seller is covered by Seller's parent company, Xxx Communications, Inc.'s, participation in the industry-wide settlement concerning music licensing fees. Notwithstanding the foregoing, Seller makes no representation or warranty with respect to the effect of the cable television industry-wide dispute concerning music licensing fees.
FCC and Copyright Compliance. (a) Except as provided in Schedule 3.15(a), each Seller’s operation of its Systems is in compliance in all material respects with the applicable provisions of the Communications Act and the Copyright Act. No Seller has received written notice claiming a violation by such Seller or the Business of any Legal Requirements applicable to the Systems or the Business as it is currently conducted.
FCC and Copyright Compliance. 3.14.1 Except as provided in Schedule 3.14.1, Seller’s operation of the System is and since January 1, 2006 has been in compliance with the applicable provisions of the Communications Act and the Copyright Act. Seller is not in violation of, and has not received written notice claiming a violation by Seller or the Business of, any Legal Requirements applicable to the System or the Business as it is currently conducted.
FCC and Copyright Compliance. 5.19.1. Except as disclosed in Schedule 5.19, the operation of the Insight System has been, and is, in compliance in all material respects with the Communications Act and the rules and regulations of the FCC. Insight has made all filings required to be made with the FCC (including cable television registration statements, annual reports and aeronautical frequency usage notices) and has provided all notices to customers required under the Communications Act and the FCC's rules and regulations. Insight is and since 1989 has been certified as in compliance with the FCC's equal employment opportunity rules and the Insight System is in compliance in all material respects with all signal leakage criteria prescribed by the FCC.
FCC and Copyright Compliance. 6.19.1. Except as disclosed in Schedule 6.19, the operation of the Cox System has been, and is, in compliance in all material respects with the Communications Act and the rules and regulations of the FCC. Cox has made all filings required to be made with the FCC (including cable television registration statements, annual reports and aeronautical frequency usage notices) and has provided all notices to customers required under the Communications Act and the FCC's rules and regulations. Cox is and since 1989 has been certified as in compliance with, the FCC's equal employment opportunity rules and the Cox System is in compliance in all material respects with all signal leakage criteria prescribed by the FCC.
