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ri <br />�A <br />Memo to Mayor and Council <br />Page 2 <br />September 13, 1982 <br />the City within 60 days after the end o f Grantee ' s fiscal <br />year .. Therefore,' no franchise f ee- will be payable until the <br />end of Grantee' s .first year of- oporati -on JArt, VI , sec <br />4(B)I. <br />RATES S & OTHER CHARGES <br />The. ma imum subscription rates for the first three cars f <br />0 <br />the Franchise are supposed to be sotforth in Exhibit "A« to <br />the draft [Art.-VI, Sec, 4(C)(2)1-- not attached ' to the copy <br />sent to use : <br />Rate changes are subject to the City's-approval f bl lowing a <br />public hearing or appeal to the Cable Communications Board. <br />[Art, VI ,ec # 4 (D) ] ... ' <br />.4 <br />Service ,r maintenance and repairs o f Grantee's-property, not <br />resulting from damage caused by subscribers is to be per- <br />formed by the Grantee at no charge -to subscribers. [Art, <br />DTI, Sec. 4() (3) <br />PROGRAM CONTENT <br />The Grantees services and programming are to be according <br />to the terms o f . its off Bring, ' contained in the October 1, <br />1981 Application for Pablo Televi s ion Franchise, on file <br />with the City Clerk, The Grantee may add or delete services <br />and programming only ith the express written per-mission of <br />the Ci t , _ which "shall not be unrea onab 1 withheld." [Art", <br />t. <br />IV, Secs . <br />While the Grantee's rights are sub, ' eot to the City's <br />dice <br />p <br />power [Art, II, Sec. 61, the City probab -ly could not valid <br />ban - rated movies or any-other obl ectional programming <br />since this would-interfere-with the Grantee 'S programming <br />and trax smis s ions beyond the City's boundaries. and would <br />raise serious Constitutional. questions, <br />Note that Minn. Stat. §238.11 expressly prohibits the Cable <br />communications Commission from censorin ro rammin i <br />g p g g <br />The ultimate programming sanction is the subscribers'; if <br />citizens are unhappy with programming they are free to <br />complain to the Grantee and/or dro their subscriptions. <br />p p ns. <br />TRANSFER of 'FRANCHISE <br />The Grantee may transfer the Franchise only with the written <br />consent of the City,. shall nbt be unreasonably with -- <br />held," [Art, 12F Sec. <br />