FCC and Copyright Compliance Sample Clauses
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.
3.18.2. Seller has deposited with the U.S. Copyright Office all statements of account and other documents and instruments, and paid all royalties, supplemental royalties, fees and other sums to the U.S. Copyright Office under the Copyright Act of 1976, as amended (the "Copyright Act"), with respect to the business and operations of the System as are required to obtain, hold and maintain the compulsory license for cable television systems prescribed in Section 111 of the Copyright Act. The System is in compliance with the Copyright Act and the rules and regulations of the U.S. Copyright Office, except for such noncompliance that would not have a Material Adverse Effect and except as to potential copyright liability arising from the performance, exhibition or carriage of any music on the System. To the knowledge of Seller, there is no inquiry, claim, action or demand pending before the U.S. Copyright Office or from any other party which questions the copyright filings or payments made by Seller with respect to the System.
3.18.3. All necessary FAA approvals have been obtained with respect to the height and location of towers used in connection with the operation of the System and are listed in Schedule 3.4. The towers are being operated in complianc...
FCC and Copyright Compliance. 6.19.1. The operation of each of the Cox 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 6.19.2 shall apply. Cox has made all material filings required to be made with the FCC (including cable television registration statements, annual reports and aeronautical frequency usage notices) and has provided all material notices to customers required under the Communications Act and the FCC's rules and regulations. Cox is and since 1988 has been certified as in compliance with, the FCC's equal employment opportunity rules and the Cox Systems are in material compliance with all signal leakage criteria prescribed by the FCC. With respect to the Cox Systems, Cox has 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).
6.19.2. Cox has complied in all material respects with the must carry and retransmission consent provisions of the Cable Act and the FCC rules and regulations promulgated thereunder as such provisions relate to the Cox Systems. Except as set forth in SCHEDULE 6.19, no written notices or demands have been received from the FCC, from any television station, or from any other Person, station, Governmental Authority or unit challenging the right of the Cox Systems to carry any signal or deliver the same. Except as set forth on SCHEDULE 6.19, Cox has used commercially reasonable efforts to establish rates charged to customers, effective since September 1, 1993, that would be allowable under rules and regulations promulgated by the FCC under the Cable Act, and any authoritative interpretation thereof, whether or not such rates were subject to regulation by any Governmental Authority, including the local franchising authority and/or the FCC, and such rates as computed under the FCC's rules and regulations are permitted rates except as set forth in SCHEDULE 6.19. Cox has delivered to TCI complete and correct copies of all FCC 393 Fo...
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. (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.
(b) Each Seller is permitted under all applicable Legal Requirements, including the Communications Act and the Copyright Act, to distribute the video programming and other information that it currently makes available to the customers of its Systems. Each Seller is permitted under all applicable Legal Requirements, including the Communications Act, to utilize all frequencies generated by the operation of its Systems, and, where required, is licensed to operate all the facilities required by applicable Legal Requirements to be licensed by the FCC. Each Seller has delivered to Buyer complete and correct copies of all written notices and requests from the FCC or the United States Copyright Office relating to such Seller’s operation of the Systems during the period of such Seller’s ownership of the Systems and any FCC-licensed or registered facility used in conjunction with Sellers’ operation of the Systems that have been received by Sellers. All reports, fees, filings, applications and other submissions of Sellers to the FCC and to the Copyright Office are true and correct in all material respects. As of the date hereof, no written requests have been received by Seller, during the period of Seller’s ownership of the Systems, from the FCC or the United States Copyright Office challenging or questioning the right of Seller’s operation of any System or any FCC-licensed or registered facility used in conjunction with Seller’s operation of any System.
(c) The Sellers make no representation or warranty with respect to the effect of the cable television industry-wide dispute concerning music licensing fees.
(d) Except as set forth on Schedule 3.15(d), each Seller has submitted to the FCC, all material filings with respect to the Systems and the Business, including cable television registration statements, current annual reports, aeronautical frequency usage notices, and current cumulative leakage index reports, that are required under the Communications Act. Each System is in material compliance with signal leakage criteria prescribed by the FCC, is in material compliance with the...
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. Except as provided in Schedule 4.16, the operation of the CATV System has been and is in compliance with the Cable Act and the rules and regulations of the FCC, except for such noncompliance as has not had and would not reasonably be expected to have a Material Adverse Effect. Seller has made all material filings required to be made with the FCC (including cable television registration statements, annual reports and aeronautical frequency usage orders) has paid all required fees to be paid to the FCC for the CATV System, and has provided all material notices to customers required under the Cable Act and the FCC's rules and regulations. For the past three years, Seller has been certified for purposes of compliance with the FCC's equal employment opportunity rules, and Seller is in material compliance with all signal leakage criteria prescribed by the FCC. Seller makes available to customers of the CATV System and third parties all equipment and facilities required under any applicable federal, state and local laws, rules and regulations and ordinances, and as of the date of this Agreement Seller is not a party to any leased access agreement with respect to the CATV System. Except as described in Schedule 4.16.4, none of the CATV Franchises shall expire by its terms within thirty-six (36) months of the date of this Agreement. Seller does not hold any FCC License related to the CATV Operations and none is required to operate the CATV Operations as they are operated as of the date of this Agreement.