5115
HARFORD COUNTY

WHICHEVER DATE IS LATER. NO INCREASE IN RATES CHARGED TO
SUBSCRIBERS SHALL BE MADE UNTIL THE CONCLUSION OF AN
APPROPRIATE PUBLIC PROCEEDING AFFORDING DUE PROCESS.
HOWEVER, THE COMPANY MAY ADD TO THE MONTHLY SERVICE
CHANGES SPECIFIED TAXES OR FEES INCLUDING COPYRIGHT FEES
IMPOSED BY FEDERAL. STATE OR LOCAL GOVERNMENT OR
LEGISLATIVE BODIES.

(F) NO CHARGE SHALL BE MADE FOR A PERIOD OF FIVE
(5) YEARS FROM THE COMMENCEMENT OF CABLE TELEVISION
SERVICE TO THE COUNTY FOR THE USE OF THE COUNTY
CHANNEL(S) OR TO THE SCHOOL SYSTEM FOR USE OF ITS
CHANNEL(S). IN ADDITION, THE COMPANY WILL PROVIDE ONE,
ONE-COMMERCIAL, PUBLIC CHANNEL WITHOUT CHARGE, EXCEPT AS
MAY BE PERMITTED BY FCC, TO COUNTY RESIDENTS. ADDITIONAL
CHANNELS, MADE AVAILABLE ON A PUBLIC-ACCESS BASIS, MAY BE
LEASED BY THE COMPANY.

[[(G) THE COMPANY SHALL PROVIDE THE COUNTY AND
SCHOOL SYSTEM WITH ADDITIONAL SERVICE AT A CHARGE TO BE
SET BY THE GRANTING AUTHORITY, BUT NOT TO EXCEED
SIXTY-SIX AND TWO THIRDS PER CENT (66 2/3%) OF THE CHARGE
TO RESIDENTIAL SUBSCRIBERS OR THE CHARGE FOR SIMILAR
SERVICE OFFERED BY THE APPROPRIATE COMMUNICATION COMMON
CARRIER OPERATING WITHIN THE COUNTY, WHICHEVER IS LESS.]]

SECTION 6.13. ANNUAL FEES AND COMPENSATION TO THE
COUNTY.

(A)    THE COMPANY SHALL PAY THE COUNTY AN INITIAL
ANNUAL FEE OF THREE PERCENT (3%) OF ITS GROSS SUBSCRIBER
REVENUES. SHOULD A LIKE-KIND FEE PAYMENT BE REQUIRED BY
ANY STATE AGENCY NOW OR SUBSEQUENTLY CHARGED WITH THE
REGULATION OF CABLE TELEVISION, THE FEE PROVIDED FOP
HEREIN AND THE FEE PAYABLE TO SAID STATE AGENCY WHEN
ADDED TOGETHER, SHALL NOT EXCEED THE MAXIMUM AMOUNT
PERMITTED BY APPLICABLE FEDERAL LAW, RULES OR
REGULATIONS. IF SUBSEQUENT TO THE GRANTING OF THIS
FRANCHISE, THE FCC AUTHORIZES AND/OR APPROVES AN INCREASE
IN ANNUAL FEE OVER AND ABOVE THE THREE PERCENT (3%) RATE,
AND/OR CHANGES ITS DETERMINATION OF THE TERM "SUBSCRIBER
REVENUES" THE COMPANY SHALL PAY THE COUNTY SAID INCREASED
FEE, UPON NOTIFICATION OF THE COMPANY BY THE GRANTING
AUTHORITY. THE SAID ANNUAL COMPENSATION SHALL BE PAID ON
OR BEFORE MARCH 15 AT THE TIME OF FILING THE ANNUAL
FINANCIAL REPORT FOR THE PRECEDING CALENDAR YEAR.

(B)    NO PAYMENTS OF THE ANNUAL FEE, OR OTHER
JUSTIFIABLE CHARGES THAT ARE MADE BY THE COMPANY TO THE
COUNTY PURSUANT HERETO, SHALL BE CONSIDERED IN ANY MANNER
AS IN THE NATURE OF A TAX, BUT SUCH PAYMENT SHALL BE MADE
IN ADDITION TO ANY AND ALL TAXES WHICH ARE NOW OR MAY
HEREAFTER BE REQUIRED GENERALLY OF COMMERCIAL ENTERPRISES
IN THE COUNTY.