Cable TV Franchise

Cable TV Franchise
LL
RESOLUTION NO.
114-81
A RESOLUTION GRANTING A FRANCHISE TO
Union Telecable
Richard F
B1echel
ITS SUCCESSORS AND ASSIGNS TO CONSTRUCT,
OPERATE
AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE COUNTY OF MASON,
OF WASHINGTON,
STATE
SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
FRANCHISEPROVIDING FOR COUNTY REGULATION AND USE OF THE CABLE
TELEVISION.SYSTEM.
;>_ection. L
following
DEF_INITIONS.
terms,
_For _.the purpose of this ordinance the
phrases; words,
abbreviations,
When not
shall have the meaning herein. given.
and their derivations
inconsi~tent
with the
·context, words used in th·e present tense include the fut·ure tense,
words in the plural number include the singular number,
and words
in the singular number include the plural number.
(a)
"County" shall mean the County of Nason.
(b)
"Cornmission" shall mean the Board of :.Iason ·County
Co:tnmissioners.
(c)
"Company" shall mean the grantee of rights
under
this ordinance.
( d)
"P e r s on" s h a 11 me an any p e r son ,
association,
corporation,
f ir m,
partner ship ,
company or organization of
any kind.
(e)
"Franchise area" shall mean that area shown on
the map or description attached as Exhibit 1.
(f)
"Street" shall mean the surface of and the space
above and below any public street,
highway,
freeway,
bridge,
lane,
ro~d,
right of way,
path~
alley,
court,
sidewalk,
parkw~y,
easement,
now or hereafter existing as such within the
drive,
commutrications or utility
franchise area.
( g)
"prop e r t y of com p any" s h a 11 me an a 11 prop e r
t
y owned ,
installed or used by the Company in the conduct of a CATV
busin~ss
in the County.
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(h)
"CATV" shall mean a cable television system as
hereinafter defined.
(i)
"Cable Television System" shall mean a system com-
posed of, without limitation,
lines,
towers, wave guides,
vertors,
antenna,
or any other conductors,
equipment or facilities,
wired for
cables, wires,
designed,
the purpDse of producing,
con-
constructed or
receiving,
amplifying
and distributirig by coaxial cable audio and/or visual
radio,
television,
and £rom persons,
electronic or electrical slgnals to
subscr~bers
and locations in the fran-
·chis e are a.
" B as i c .cATV S e r v i c e "
(j )
s h a 11 me an t he d i s t r i b u t i o u
of broadcast television signals by the Company.
(k)
"Subscriber" shall mean any person or entity re-
ceiving basic CATV service.
(1)
"Gross Annual Basic Subscriber Revenues" shall
mean any and all compensation and other consideration
received directli by the Company from subscribers in payGross
ment for regularly furnished basic CATV s-ervice.
annual basic subscriber revenue shall not include any
taxes on services furnished by the Company imposed
direct 1 y on any s u b s c r i b e i
b
r
u 8 e r· by any city
~
s t a ·t e or
other governmental unit and collected by the Company
for
such governmental unit.
GRANT OF AUTHORITY.
Section 2.
the legal,
character,
financial,
Hhereas the
Com..Tllission has approved
technical and other qualifications
nf the Company and the adequacy-and feasibility of the Company's
construction arrangements as part of a full public proceeding affording
and
due_process,
observan~~
of
th~
and in consideration of the faithful
.
.
performance
'
conditions· and reservations hereinafter specified,
the right and p r i vi 1 eg e is here by granted by the Cm:1mission to the Company
to engage in the business of operating and providing a CATV system in
the Franchise Area and for that purpose to erect,
repair ,
upon,
rep 1 ace ,
r e cons t r u c t -,
install,
maintain and retain in ,
across and along any ·public street,
n
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construct~
over ,
under ,
public way and public pla·ce,
CL
now laid out or dedicated and all extensions thereof and additions
thereto in the franchise area such poles, wires,
ducts,
conduit vaults,
manholes,
amplifiers,
cable,
appliances,
and other property as may be necessary and appurtenant
system;
and in addition,
f~cilities
so to use,
or properties
rente~
operate,
conductors,
attachments,
to the CATV
and provide similar
or leased from other persons,
firms
ot corporations including but not limited to any public utility or
other grantee franchised or permitted to do business in the County.
S.ec t ion 3.
the further
b~
NON7EXCLU~IVE
.e~press
conditions
an exclu~ive Franchise,
Cou~~y
frbfu
gr~biing
oth~r
GRANT.
This Franchise_is granted upon
that
shall not be
~t
or
deeme~
hel~
and ~hall not in any m~nnet prohibit
~nd
further
Ftatichis~s
o~er~
upon,
to
the
and
along any of said roads and public highways of any kind or character
that i t may deem proper,
or prevent the County
and this Franchise shall in no way prohibit
from using the said roads or affect
their
jurisdiction over th~m or iny part of the same, with the f~ll po~er
to make all necessary repairs or changes
Section 4.
in granted shall
TERM OF FRANCHISE.
in the same.
The franchise and rights here-
take effect and be in force
30 days from and after
the final passage hereof and upon filing of acceptance by the Cocipany
and shall continue in force and effect for a
the effective date of this franchise.
term of 15 years after
The franchise may be renewed
for an additional fifteen year period following a
full public pro-
ceeding"aff6rding due process.
Se~tion
(a)
5.
CONDITIONS OF STREET OCCUPANCY.
All transmission and distribution structures,
lines,
and
equipment erected by the to~pani ~ithin the fran~hise area sh~ll be
so located as
s~reets,
to cause
no
interference with the proper use of
and other publi~.ways and places,
and to cause
no
interference with the rights and reasonable convenience of property
owners who join any of the said.street or
places.
o~her
public ways and
The CATV system shall be constructed and operated in com-
pliance with all County,
State and National construction and elec-
trical codes and shall be kept current with new codes .
....,
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The Company
shall install and maintain its wires, cables, fixtures and other
equipment in such minner that they will not interfere with any
installations of the County or of a public utility serving the County.
In all areas of the County where any cables, wires, or other like
of public utilities are required to be or placed under-
~acilities
ground, the Company. shall place its cables, wires, or ether like
facilities underground in conformance with permits issued by the
County Er:gineer to the maximum extent existing technology reasonably
permits.
(b)
The Company shall furnish to ar:d file ?ith the County
Engineer maps, plats, and permanent records of the location and
character of all facilities constructed, including underground
facilities.
Such maps, plats, and permar..ent records furnished and
filed with the County shall be updated on April l and October l by
the Company.
(c)
In case of disturbance of any street, public way, or paved
way, or paved area, the Company shall immediately, at its own cost
and expense, and in accordance with County standards and specifications,
replace and restore such street, public way, or paved area in as good
a condition or better as before the work involving such disturbance
Wets done.
(d)
If at 8.r..y time during the period of franchise the County
shall lawfully elect to alter or change the grade of any street,
sidewalk 1 alley, or other public way, the Company upon notice by the
County shall remove, relay, and relocate its poles, wires, cables,
underground conduits, manholes, and other fixtures at its ovm expense
and in compliance with County standards and specification~.
(e)
The Company shall, on the request of any person holding a
building movinf, permit issued by.the County, temporarily move, raise,
or lower its wires to permit the moving of buildings.
The expense
of such temporary removal or raising or lowering of wires shall be
paid by the person requesting the same, and the Company shall have
the authority to require such payment, in advance.
The Company shall
be given not less than forty-eight (48) hours advance notice to
·arrange for such temporary wire ·change-s and should meet current
height restriction requirements.
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(f)
With County approval, the Canpany shall have the authority to trim trees
upon and overhanging streets and public ways and places of the franchise
area so as to prevent the branches of such trees from coming in
contact with the wires and cables of the Company and shall be
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responsible for debris removal froni such activit ie$, except that,
at the option of the County, such trirnrn_ing may be done by it or under
its supervision and direction at the
ex~ense
and liability of the
Company.
(g)
The Company shall, at its expense, protect, support,
temporarily disconnect,· relocate in the same street or other pUblic
~lace,
br
remov~
from the street or other public place, any property
of the Company when required by the County by reason of traffic
conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of
sewers, drains, water pipes, power lines, signal lines, and tracks
or any other type of structures or improvements by public agencies;
provided, hmvever, that the Company sh2oll in all such cases have. the
rights and obligations of abandonment of property of the Company,
subject to County ordinance.
(h) The County shall have the right to make additional use, for
any public or municipal purpose, of any poles or conduits controlled
or maintained exclusively by or for the Company in any street, provided
such use by the County
doe~
not interfere with the use by the Company.
The County shall indemnify and hold harmless the Company against and
from any and all claims, demands, causes of actions, actions, suits,
proceeding-s, dama_ges, costs or liabilities of every kind and nature
~hatsoever
(i)
arising out of such use df Company's poles or conduits.
In the maintenance and operating of its transmission and
distribution system in the streets, alleys and other
~ublic
places;
and the course 6f any new construction or addition to its facilities,
. the Company shall proceed so as to cause the least inconvenience to
the general public; any opening or obstruction in the streets or other
public places made by the Company in the
cou~se
of its operations shall
be guarded and protected at all times by the placement of adequate
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barriers, fences, or hoardings, the bounds of which, during periods
of dusk and darkness, shall be clearly designated by warning lights,
in accordance with the Manual of Uniform Traffic Control Devices.
Section 6.
(a)
SAFETY REQUIREMENTS
The Company shall, at all times, employ professional care
and shall install and maintain in use corr1moP..ly accepted methods and
devices for preventing failures and accidents which are likely to
cause damage, injuries, or nuisances to the public.
(b)
All structures and all lines, equipment and connection in,
over, under, and upon the streets, sidewalks, alleys, and public ways
or places of the franchise area, whereever situated or located, shall
at all times be kept and maintained in a safe, suitable condition, and
in good order and repair.
(c)
The County reserves the general right to see that the
system of the Company is constructed and maintained in a safe condition
and if an unsafe condition is fouP..d to exist, to order the Company to
make necessary repairs and alterations forthwith, and if the Company
shall fail to make the necessary repairs and alterations, the County
may make them or have them made, and collect all cost and expense
thereof from the Company.
Section 7.
(a)
SYSTEM CONSTRUCTION
The distribution system of the Company to be hereafter
installed shall not be abandoned ·either -in whole or part without the
consent of the Commission.
In the event of the failure of the Company
to commence construction of the system within sixty days after the
enactment of this resolution and the securing of the pole franchise
with owners, or in the event of the failure of the Company to render
community television service to the franchise area and the inhabitants
thereof, as contemplated and
provid~d
for by this resolution within
a period of one year from the effective date of this resolution, the
Commis$ion shall have the right, on reasonable notice to the Company,
to declare this resolution and the rights and franchise granted
thereunder forfeited provided; however, failure to comply with these
terms by reason of ·circumstances beyond the reasonc::tble control of
the Company which could not be anticipated at the time of the
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acceptance of its terms by the Company, shall not be sufficient
grounds to declare a forfeiture .
(b)
Company, whenever it shall receive a request for service
from at least ten subscribers within 1320 cable feet of i ts trunk
cable, shall extend its system to such subscribers at no cost to
the subscribers for system extension other than the usual connection
fees for all subscribers, provided that such extension is technically
and physically feasible .
The 1320 feet shall be measured in extension
length of Company's cable required for service located within the
public way or easement and shall not include length of necessary
serv~ce
(c)
drop to the subscriber's home or premises .
No person, firm, or corporation in the Company ' s service
area shall be arbitrarily
refused service .
However , in recognition of
the capital costs involved , for unusual circumstances , such as require ment for underground cable, or more than 150 feet of distance from
distribution cable to connection of service to subscribers , or a
density of less than ten subscribers per 1320 feet o:f cable system ,
in order to prevent inequitable burdens on potential cable subscribers
in more densely populated areas, service may be made available on the
basis of cost of materials , labor, and easements .
Section 8.
(a)
OPERATION STANDARDS
The Company shall operate and
maint~in
its cable
tel~vision
system in full compliance with the standards set forth by the Federal
Communications Commission.
(b)
Installations shall be maintained so as not to interfere
with TV reception already in existence .
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(c) - ' /:•: viewing channels shall be .furnished as
a
minimum ; educational
channels are included as part of the minimum .
(d)
standa~d
(e)
Installation and maintenance of equipment shall be such that
color signals
Sh~ll
be transmitted
~o
any subscriber receiver .
Additional viewing services shall be reviewed by the
Commission upon request by the Company and the Commiss i on shall have
the right upon review to request and require additional viewing service
of the Company.
Section 9 .
LOCAL OFFICE; COMPLAINTS
The Company shall maintain a local business office or agent which
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subscribers may telephone during regular business hours without
incurring added message or toll charges, so that complaints
regarding cable television operations may be promptly reported to
the Company.
Should a subscriber have an unresolved complaint
regarding cable television operations, the subscriber shall be
entitled to file his complaint with the County Auditor, and
thereafter to meet jointly with a representative of the Commission
and a representative of the Company within thirty (30) days to
fully discuss and resolve such matters.
The Company shall notify
each subscriber, at the time of initial subscription to the service
of the Company, of the procedures for reporting and resolving
such complaints.
Section 10.
RATES
From time to time the Company may seek approval of the
Commission for a rate increase; provided, however, that any rate
increase submitted by the Company for Commission approval will
become effective automatically within sixty (60) days of submission,
unless the Commission after review of all relevant material in an
appropriate public hearing affording due process finds the
proposed increase is
unr~asonable.
Rates approved shall remain
in effect for not less than twelve (12) calendar months after the
effective date.
Subject to these procedures, the Company may
pass along to subscribers such additional fees as may be imposed
on it, including but not limited to direct taxes, copyright fees,
and permit fees.
The determination of the Company's rates shall be subject
to the rules and regulations of any state or federal authority
which may subsequently, by due process of law, acquire jurisdiction
over this type of industry or enterprise.
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LL
PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED.
Section 11.
The Company shall not as to rates,
rules,
charges,
service facilities,
regulations or in any other respect make or grant any prefer-
ences or advantage to any person nor subject any person to any prejudice or disadvantage,
provided that nothing in this franchise shall
be deemed to prohibit the establishment of a graduated scale of charges
and
classified rate schedules to which any customer coming within such
classification would be entitled,
and provided further
that connection
and service charges may be waived or modified during promotional campaigns of Company.
Installation and housedrop hardware shall be uniform throughout
the County, except that
the Company shall be free to change its hard-
ware and installation procedure as the art progresses.
FRANCHISE PAYMENTS.
Section 12.
The Company shall pay to the County on or before March 31 of each
year,
a
3
% franchise fee based on gross annual basic subscriber
revenues received for cable television operations in the Franchise
Area for
the preceding calendar year.
Sales .tax or other taxes levied directly on a per subscription
basis and collected by the Company shall be deducted from
the gross annual basic subscriber revenues before computation of
sums due the County,
The Company shall provide an annual
is made.
summary report showing gross annual basic subscriber revenues received
during the preceding year.
Payment shall be made on or before the
16th day of January, April, July and October of each year of the sum
due hereunder for
the proceeding quarter.
may b e r en ego t i a t e d b y e i t he r
other party thirty
t
The above rental percentum
h e Co u n t y or
the g ran t e e g i v in g t h e
(30) days written notice requesting a meeting for
such renegotiation.
Section 13.
(a)
INDEMNIFICATION OF COUNTY.
The Company shall indemnify, protect and save harmless the
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County from and against losses and physical damages to property, and
bodily injury or death to persons,
including payments made under any
workmen's compensation law, which may arise out of or be caused by
the erection, maintenance,
presence, use or removal of said attach-
ments or poles within the County,
or by any act of the Company,
its
agents or employees and will defend the County against any and all
actions which may be brought against the County as a consequence
thereof.
The Company shall carry insurance to protect the County and
the Company from and against all claims, demands,
costs,
actions,
judgments,
expenses, and liabilities which may arise or result, directly
or indirectly from or by reason of such loss,
injury or damage.
The
amounts of such insurance against liability due to physical damage
to property shall not be 1 e s s
than
one million
---------------------------
to any one accident and not less than
dollars as
one million
--------------------------
dollars
aggregate in any single policy year; and against liability due to
bod i 1 y in j u r y or to d eat h of per sons no t
1 e s s than
dollars as to any one person and not less than
as to any one accident.
The Company shall also
one million
one million
· dollars
carry such insurance
as it deems necessary to protect it from all claims under any workmen's compensation laws in effect that may be applicable to the
Company.
All insurance required by this agreement shall be and remain
in full force and effect for
the entire life of this agreement.
Said
policy or policies of insurance or a certified copy or copies thereof
shall be approved by the Mason County Prosecuting Attorney and then
deposited with and kept on file by the County Auditor.
(b)
It is understood that the Company is an independent con-
tractor and is not an agent of
the County, and all personnel used by
the Company in the performance of this franchise shall be employees
of the Company and not of the County,
the County for
compensat~on
and shall have no claim against
or other benefits available to employees
of the County.
(c)
At the time this franchise becomes effective,
the Company
shall furnish a bond to the County in the amount of ten thousand
dollars in such form and with such sureties as shall be acceptable
to the County,
guaranteeing the payment of all sums, which may at
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any time become due from the Company to the County under the terms of
this franchise
(except such sums as are covered by the insurance pro-
vided in section a),
and further guaranteeing the faithful performance
of all the obligations of the Company under the terms of this franchise.
Section 14.
(a)
PROCEDURES.
Any inquiry,
proceeding,
investigation or other action to
be taken or proposed to be taken by the County in regard to the operations of Company's cable television system,
regard to a change in subscription rates,
including action in
shall be taken only after
thirty (30) days public notice of such action or proposed action is
served directly on Company; and,
the Company has been given an oppor-
tunity to respond or comment in writing on the action or proposed
action.
(b)
The public notice required by this section shall state
clearly the action or proposed action to be taken,
the time provided
for response and the person or persons in authority to whom such
respons~s
should be addressed,
and such other procedures as may be
specified by the Commission. If a heari.ng is to be held,
the public notice
shall give the date and time of such hearing, whether public participation will be allowed and the procedures by which such participation
may be obtained.
The Company shall be a necessary party to any
hearing conducted in regard to its operations.
Section 15.
Upon
PROCEDURE UPON TERMINATION.
~xpiratioh
of the franchise,
if the Company shall not have
acquired an extension or renewal thereof and accepted the same, it may
have and it is hereby granted,
and public ways of the County,
any or all of its property.
the right to enter upon the streets,
for
the purposes of removing therefrom
In so removing said property the
Company shall refill, at its own expense, any excavation
that shall be made by it, and
shall leave said streets and public
ways and places in as good condition oE better as that prevailing
prior to the Company's removal of its property.
Section 16.
APPROVAL OF TRANSFER.
The Company shall not sell or transfer its plant or system to
another, other than a parent company or a wholly-owned subsidiary
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of
the Company,
nor transfer any rights under this franchise
another without Commission approval.
transfer shall be effective until
filed
Provided,
the vendee,
to
that no sale or
assignee or lesee has
in the office of the County Auditor an instrument duly executed
reciting the fact of such sale,
assignment or lease accepting the
terms of the franchise and agreeing
thereof.
to perform all the conditions
Such Commission approval will not be unreasonably withheld
and neither this Section nor other Sections of this franchise shall
preclude the mortgaging,
rights in the system,
hypothecating,
or the assignment of certain
or the pledge of stock by the Company for
the
purpose of financing.
Section 17.
NEW DEVELOPMENTS.
It shall be the policy of
the County liberally to amend this
franchise upon application of the Company,
when necessary to enable
the Company to take advantage of any developments in the field
of
transmission of television and radio signals which will afford it an
opportunity more effectively,
efficiently or economically to serve
its customers.
Section 18.
(a)
MISCELLANEOUS PROVISIONS.
When not otherwise prescribed herein, all matters herein
required to be filed with the County shall be filed with the County
Auditor.
(b)
The Company shall assu..rne the cost of publication of this
franchise as such publication is required by law.
A bill for
publication costs shall be presented to the Company by the County
Auditor upon the Company's filing of acceptance and shall be paid at
that time.
(c)
In consideration of the granting of this franchise to the
Company, as aforesaid, the Company will furnish v,rithout installation
charge or monthly service fee, a single-outlet to any of the County
~epartmental
offices within the service area of the Company, if and
when requested to do so; but such outlets shall not exceed an
aggregate total of ten.
(d)
In consideration of the granting of the franchise to the
Company as aforesaid, the Company will furnish without installation
charge or monthly service fee a single outlet to any public schools,
public hospitals, and County-sponsored social service
a~encies
~ithin
the service area of the Com:r,Hmy i f and when requested to do so.
(e)
In the case of any emergency or disaster, the Company shall,
upon the request of the County, make available its facilities to
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the County for emergency uss during the emergency or disaster period.
(f)
The County shall have access at all reasonable hours to all
of the Company's plans,
cial,
statistical,
contracts and engineering, accounting,
finan-
customer and service records relating to the prop-
erty and the operation of the Company and to all other records required
to be kept hereunder.
The following report shall be filed with the
Clerk of the County Board and in the local office of the Company:
Gross Revenue.
An annual summary report shoYing gross
revenues received by the Company from its operations
within the County during the preceding year and such
other information as the County shall request with
respect to properties and expenses related to the
Company's service within the County.
Section 19.
COMPLIANCE WITH APPLICABLE PROVISIONS, LAWS AND
ORDINANCES.
(a)
The Company shall at all times during the life of this
franchise be subject to all lawful exercise of the police power by
the County.
The County reserves the right to adopt from time to
time in addition to the provisions herein contained such ordinances
as may be deemed necessary to the exercise of police power.
Such
regulation shall be reasonable and not destructive to the rights
herein granted and not in conflict with the laws of the State.
(b)
Upon failure of the Company to comply with any of the
provisions or conditions hereof, within thirty
(30) days after ser-
vice of notice to comply with any such provisions, conditions, restrictions or limitations, made and served by order of the Commission upon
the Company,
the Commission may declare by resolution and enforce an
immediate forfeiture of this franchise.
Section 20.
FEDERAL REGULATION.
Any modification resulting from amendment of Section 76.31
("Franchise Standards") of the Rules and Regulations of the Federal
Communications Commission shall be incorporated into this franchise
as of the date such modifications become obligatory under FCC regulations, or in the event no obligatory date is established, within
one year of adoption or at the time of franchise renewal, whichever
occurs first.
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Section 21.
FF
SEVERABILITY.
Should any section,
clause or provision of this resolution be
declared invalid by a court of
record, the same shall not affe ct the
validity of the resolution as a whole or any part thereof,
other than
the part so declared invalid.
Section 22.
(a)
EFFECTIVE DATE.
This resolution shall take effect and be in force thirty
days from and after its passage,
(30)
subject to acceptance by the Company
within said 30 day period .
This resolution shall be null and , void
(b)
shall within thirty (30) days after its passage ,
cation,
unless the Company
approval and publi-
file with the County Auditor its written acceptance of all
terms and conditions hereof.
PASSED, ADOPTED AND APPROVED this 14th day of
SeptEIDber , 1981 .
MASON COUNTY BOARD OF COMMISSIONERS
ATTEST :
Chairman
APPROVED:
ACCEPTED B¥ ;
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Richard F . Bue~el, Owner
Union Telecable
'8\ SEP 25 P~1
IH:.GUES-f OF
0~c_., .J~,
"1 C,.,,
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APPROVED AS TO FORM :
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EXHIBIT l
"Franchise Area"
From downtown Union, South on Seattle Street, East on Fifth
to Port Townsend and South on Port Townsend to the crest of
the ridge.
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