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1981 - 08-17-81 Regular Meeting
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1981 - 08-17-81 Regular Meeting
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Page 5 ~r <br />bg fi B `r sE 248 <br />of the franchise by the Company as security for debt without such approval. <br />SECTION 14. If the Company shall fail to comply with any of the provisions <br />of this ordinance, and shall fail to correct such default or non-compliance <br />within thirty days after duly authorized written notice from the County sent by <br />Registered Nail addressed to the business office of the Company or to such <br />person as the Company may from time to time designate in writing to the County <br />as the person entitled to receive notice in its behalf, then the County shall <br />have the right, after due notice and a hearing, to revoke this franchise and <br />all rights of the Company hereunder. <br />SECTION 15.. This franchise is governed by and subject to all applicable <br />rules and regulations of the Federal Communications Commission, specifically <br />including Part 76, and by the laws of the State of North Carolina. Should <br />there be any modifications of. the provisions of Section 76.31 of the Rules <br />and Regulations of the Federal Communications Commission which must be in- <br />corporated into this franchise, the County and the Company agree that such <br />incorporation shall be accomplished within one (1) year after the effective <br />date of the FCC's adoption of the modification, or upon renewal of this franchise, <br />S whichever occurs first. <br />SECTION 16. This franchise shall take effect and be in full force from <br />and after the final passage hereof, subject to acceptance by the Company as <br />herein provided, and the same shall continue in full force and effect for a <br />term of fifteen (15) years beginning with the date of such acceptance. Pro- <br />vided, however, that should FCC certification be necessary prior to implementation <br />of the cable television service contemplated under this franchise, then the <br />term shall begin upon the effective date of the grant by the FCC of the necessary <br />certification, and the term shall run for fifteen (15) years from the effective <br />date of FCC certification. <br />SECTION 17. The Company may surrender this franchise at any time upon <br />filing with the County Clerk of the County a written notice of its intention to <br />do so at least six (6) months before the surrender date. On the surrender date <br />specified in the notice, all of the rights and privileges and all of the obli- <br />gations, duties and liabilities of the Company shall terminate. <br />SECTION 18, If any section, subsection, sentence, clause, phrase, or <br />portion of this ordinance is for any reason held invalid or unconstitutional <br />® by any federal or state court or administrative agency of competent jurisdiction, <br />specifically including the Federal Communications Commission, such portion shall <br />be deemed a separate, distinct and independent provision, and such holding shall <br />not affect the validity of the remaining portions hereof. <br />
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