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refer to GAAP, as promulgated, defined and interpreted by particular <br /> financial boards and agencies, not by Comcast. The NSCC reserves the right <br /> to challenge any use of GAAP by Comcast. This settlement provision removes <br /> an extremely important and very contentious issue from franchise renewal <br /> discussions. <br /> • Comcast is required to maintain certain data and records for 3 years from the <br /> effective date of the Settlement Agreement that the NSCC may review to <br /> determine whether Comcast is properly and accurately allocating bundled <br /> service package revenues to cable services. This addresses the "overwriting" <br /> issue discovered during the current franchise fee review. <br /> • Now and in any renewal franchises, Comcast is required to maintain and <br /> provide to the NSCC, upon request, all data, records and documents <br /> reasonably related to the calculation and payment of franchise fees. The <br /> renewal franchises include language requiring Comcast to make available <br /> data, documents and records maintained by affiliates and third parties,which <br /> addresses the problem of obtaining data from CSG, if necessary. <br /> • Comcast will pay the NSCC's franchise fee review costs, up to $25,000,if an <br /> underpayment of 5% or more is discovered. <br /> • Comcast will have no less than 20 days to respond to NSCC data requests, <br /> unless an extension of time is granted. <br /> • Prior to the expiration of the current franchises, Comcast will update and <br /> operate its billing system so as to avoid imposing cable service franchise fees <br /> on persons and entities that subscribe only to non-cable services. Comcast <br /> will provide the NSCC Executive Director with written confirmation of the <br /> solution implemented,and any refunds paid to subscribers. This solution <br /> will be adopted and will be enforceable in any renewal franchises. <br /> • Any violation of the Settlement Agreement shall be deemed a violation of the <br /> current franchises and any renewal franchises. Nothing in the Settlement <br /> Agreement should be construed to mean Comcast is in compliance with the <br /> current franchises, except for those specific issues resolved in the Settlement <br /> Agreement. <br /> • The parties generally reserve all of their rights,powers, remedies and <br /> defenses under the current franchises and applicable laws, and regulations. <br /> • Nothing in the Settlement Agreement can be interpreted to mean that <br /> Comcast is entitled to renewed cable franchises, and the member cities retain <br /> their discretion to grant or deny renewal franchises, and to specify the terms <br /> and conditions of any such franchises. <br /> 2 <br />