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� <br /> t �. . <br /> r <br /> FRANCHISE AGREEMENT <br /> THIS FRANCHISE AGREEMENT (this "Agreement") dated January 22, 2008, <br /> ("Effective Date") is made by and between COMCAST CORPORATION doing business as <br /> Comcast ("Comcast") and the City of Decatur, a municipal corporation of the State of Illinois <br /> (the "City"). Comcast and the City shall sometimes be referred to separately as a "Party," and <br /> collectively as the "Parties." <br /> RECITALS <br /> WHEREAS, the City has determined that the financial, legal, and technical abilities of <br /> Comcast are reasonably sufficient to provide the services, facilities and equipment necessary to <br /> meet the future cable-related needs of the community and desires to enter into this non-exclusive <br /> Franchise Agreement with Comcast for the construction, operation and maintenance of a Cable <br /> System on the terms and conditions set forth herein; and <br /> WHEREAS, this agreement is entered into by and between the Parties under the <br /> authority and shall be governed by the Cable Communications Policy Act of 1984, as amended <br /> from time to time, 47 U.S.C. §§ 521 et seq. (the "Cable Act"). <br /> NOW, THEREFORE, in consideration of and reliance upon the respective <br /> representations, promises, concessions, terms and conditions contained herein, the City and <br /> Comcast a ree as follows. <br /> g <br /> 1. Definitions <br /> For the purpose of this Franchise A reement, ca italized terms hrases words and <br /> g P , P , , <br /> abbreviations shall have the meanings ascribed to them in the Cable Communications Policy Act <br /> of 1984, as amended from time to time, 47 U.S.C. §§ 521 et seq. (the "Cable Act"), unless <br /> otherwise defined herein. <br /> "Cable Act" or "Act" means the Cable Communications Policy Act of 1984, as amended <br /> by the Cable Consumer Protection and Competition Act of 1992 and the Telecommunications <br />, Act of 1996, as the same may be amended from time to time. <br /> "Cable Services" means the one-way transmission to Subscribers of Video Programming <br /> or other programming service and Subscriber interaction, if any, which is required for the <br /> selection or use of such Video Programming or other programming service. <br /> "Cable System," means a facility consisting of a set of closed transmission paths and <br /> associated signal generation, reception, and control equipment that is designed to provide cable . <br /> service which includes video programming and which is provided to multiple Subscribers within <br /> a community, but such term does not include: 1) a facility that services only to retransmit the <br /> television signals of one or more television broadcast stations; 2) a facility that serves <br /> Subscribers without using any public right-of-way; 3) a facility of a common carrier which is <br /> subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as <br /> amended, except that such facility shall be considered a cable system to the extent such facility is <br /> used in the transmission of video programming directly to Subscribers, unless the extent of such <br /> 1 <br /> 1043854v2 <br /> I <br />