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Sheridan County School District #2 > Cable Tv Franchise Agreement

Cable Tv Franchise Agreement

85. The physical provisions of Title VI specify the provisions of this good deal. First, Section 621 (a) (1) grants franchising authorities the right to grant deductibles, and Section 621 (a) (2) states that these deductibles “must be interpreted to authorize the construction of a public cable system of public rights on the public rights of the road..” A “cable operator” is not authorized to provide a “cable service” unless the cable operator has received such a franchise. Other provisions show that a franchise allows not only the construction of a cable system, but also “the management and operation of such a cable system,[97] including the installation of WI-FI and small cell antennas connected to the cable system. 75. While we recognize that a subsequent provision, Section 624 (b) (2) (B), allows franchising authorities to impose requirements for “broad categories of video programming or other services” when read at the same time as the special provision against the regulation of information services in Section 624 (b). (1) consider it unreasonable to interpret Section 624 (b) (2) (B) as an authorization of the Information Services AFL regulation where b) (1) prevents franchising authorities from regulating these services. [79] As we found in the second NFRM, the history of the legislation explains that Section 624 (b) (2)s gave the power to impose the printed Page 44740Seceptions . . .

. for broad categories of video programming or other services,” it was simply “to assure the Franchise Authority that commitments made in an armament-long situation are respected,” while protecting the cable operator from “making available certain programming or valuables that are not used in the operation of the cable system.” If these provisions are read together, it is clear that Congress intended to allow the AFL to impose franchise requirements for “other services” in point b) (2), but only to the extent that they have the ability to define these requirements in point b) (1) by other means. [80] Since the AFL does not have the authority to regulate information services in accordance with Section 624, point b) (1), they are not authorized to legally enforce the provisions of a franchise agreement that authorizes such a scheme in accordance with Section 624 b) (2), even though these provisions are the result of lengthy negotiations between the cable operator and the AFL. [81] The granting of “implementation” power to certain requirements in point 624 (b) (2) (B) therefore does not give franchising authorities the right to impose requirements that they cannot “impose” under Section 624 (b) (1) of this article.