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HomeMy WebLinkAbout2005-296 Agreement - KOBI TV KOSI-TV Fax:5417795564 Dee 20 2005 16:46 P.02 ~ .llt~ ......- -lL'<I'l'l.t'J ~ k1."M..,,,'tAL1':i Culi I'ornia Oregun B rtJllocasling, IMe. c.\'lcrblished 1913 F4x~ .. f ZI2--IIO~ VtiJ December 19, 2005 Mr. Lee TlUleberg Ashland Fibel" Network 20 East Main Street Ashland, OR 97520 Re: Extension of Existing Retran$lt\iSllion Consent Agteement for KOBI- TV Dear Mr. Tuneberg: The purpose of this letter is to extend the retransmission consent for you.- continued carriage of KOBI- TV for your subscribers under the same terms and conditions except as amended hel"ein. With this extension, we reference the current Retransmission Consent Agreement entered into by Ashland Fiber Network and KOBI-TV. The appropriate section(s) oftha Retransmission Consent Agreement are hereby amended, effc:ctive as of the date hereof, to prOvide that the term thereof shall continue until January 31, 2006, and shall automatically renew every thirty days, or until a retransmission consent agreement is completed, whichever comes ftrst. Except as amended hereby with respect to extension of the term, the Retransmisskm Consent Agreement (as previously amended) shall remain in full force and effect. Station may terminate this extension by sending written notice of its intent to terminate this intt~rim agreement at least 45 days prior to the expiration. If you have any questions regarding this extension, please feel free to contact me at (541) 779-5555. Please acknowledge your agreement to the foregoing by signing in the space indicated below and retuming it via fax to (541) 779-5564. Respectfully, Agreed to by: 47< ~ Print name: U~ 7UN~M-6- Title: A/)/I-f)1(} S"VCS./ h Ai ~if. ~/;'l/zerz;~ Robert L. Wise Vice-President aod General Mana.ger Date: I L-)-Ift s- 4ft. KOBI- TV P.O. Box 1489.125 S. Fit" Street Medfurd, OR 97501 (541) 779.5555 Office: Fax (541) 779-5564 Ntlws Fill( (541) 779.501 S kohl (!l~ knbi5.com ,"" KOTI -TV P.O. Box 2K, 222 S. 71h Stte!;;t Klllmath FalIs, OR 9760 I (541) 882-2222 Fax (541) 883-7664 !s.JJli (<j1 kOli2.coll\ KOBI-TV Fax:5417795564 Dee 20 2005 16:46 P.Ol \. , :"~ ~'~ ..:':~,. '~. ," . ",' .'" ...." ,,: ,,\',.'. ~ ,. . ~ ,~ ,,''9~'I'!:> . '.', 'r;- . . .00. , '. '.~' ..':::.~.;" California Oregon Broadcasting, Ine. Established 1933 FAX COVER From Robert Wise Vice President/General Manager KOBI- TV/KOTI- TV rwise(ii2kobi5.com Date: ./..2JI2/ /r- r &blr I A.>iJ~ J/, J}. ,.", /v' or::.. -fZf20/0S" -hee--Tunebe,.g. ("6W) 5"6'.;1. -.;l ()~;-'J To: -AFt . y' Total Pages: One ,.... ('i!~ KOBI~TV P.O. Box 1489, 125 S. Fir Street Medford, OR 97501 (541) 779-5555 Office Fax (541) 719-5564 News Fax (541)779-5018 Knhi"..kobi5.(;0I11 "L~ 8B.~, KOTI~TV P.O. Box 21(, 222 S. -rh StI'1:et Klamath Falls, OR 97601 (~l) 882-2222 Fax (541) 883-7664 K ()tj!l(J,;oti2.CIII1l ~ C~dir()nlla ()r('~l)n Hr()adca~ting. Illc Lsl"h/ish('(//').!.! November 30, 2005 Mr. Lee Tuneburg Ashland Fiber Network 20 East Main Street Ashland, OR 97520 Re: KOBI- TV's Retransmission Consent for Ashland, OR Dear Lee: As you are probably aware, KOBI-TV has elected retransmission consent in the above- mentioned system that necessitates an agreement for continued carriage of the KOT! signal. Enclosed is a copy of the proposed agreement for your signature. We will gladly discuss these terms with you if you so desire. Our goal is to finalize this agreement prior to year- end. Please contact me at your earliest convenience. Sincerely, 1ZJ~L- Robert L. Wise Vice-President and General Manager cc: Station Public Inspection File 4~ KOBI-TV P.O. Box 1489, 125 S. Fir Street Medford, OR 97501 (541) 779-5555 Office Fax (541) 779-5564 News Fax (541) 779-5018 ~ohi("'~nhi" com 4k KOTI-TV P.O. Box 2K. 222 S. 7'h Street Klamath Falls, OR 9760 I (541) 882-2222 Fax (5.1I) 883-766..\ koti (a1 koti2.com RETRANSMISSION CONSENT AGREEMENT- This Agreement ("Agreement") is made as of ,2005, by and between California Oregon Broadcasting, Inc. (hereinafter, "Owner"), licensee and owner of broadcast television stations KOBI-TV, channelS, Medford, OR ("Analog Station") and KOBI- DT, channel 15, Medford, OR (hereinafter the "Digital Station"), and Ashland Fibc~r Network (AFN) an operator of cable television system and/or multi-channel video programming distribution system (hereinafter "Operator"). The Analog and Digital Stations are sometimes, herein referred to as the "Station". WHEREAS, the Station transmits broadcast television signals in an analog ,md digital format in Medford, Oregon; WHEREAS, Operator directly or indirectly owns or solely manages cable television system(s) and/or other multi-channel video programming distribution system(s) (as defined below, the "Systems"), including those listed on Attachment A hereto and serving the franchise or service area( s) set forth therein; WHEREAS, Owner and Operator desire to have the analog and digital broadcast signals of the Station retransmitted over such Systems as provided in this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein and other good and valuable consideration paid by Operator to Owner, the parties agree as follows: 1. Term. The term of this Agreement shall be for a period commencing January 1,2006, and ending December 31, 2008 ("Term"). 2. Systems Def"med. For purposes of this Agreement, a "System" shall mean any cable television system, satellite master antenna system ("SMA TV"), or other multi-channel distribution system or facility which offers multi-channel subscription television service to viewers at residential and/or commercial locations via closed circuit paths (whether consisting of coaxial or fiber optic cable). 3. Retransmission Consent. At all times during the Term and pursuant to and consistent with the terms of this Agreement, Owner hereby consents, in conformity with Section 325(b) of the Communications Act of 1934, as amended, ("Act") and the applicable Federal Communications Commission ("FCC") rules, to the retransmission of each Station's broadcast signal, including Program Related Material (as defined below), (i) in an NTSC fonnat ("Analog Signal") and (ii) in a digital format compliant with all then-applicable standards approved and adopted by the Advanced Television Systems Committee ("A TSC") ("Digital Signal") (such Analog and Digital Signals collectively referred to herein as "Signals" or "Broadcast Signals") by all Systems required to carry such Station pursuant to this Agreement within eaeh Station's respective Service Area Operator acknowledges and agrees that the Station listed has timely and lawfully notified each System in its respective DMA of its election of retransmission consent California Oregon Broadcasting, Inc. - 1 - for the Term covered by this Agreement and that Owner and each Station have complied in every respect with all federal, state, and local laws related or applicable to the negotiation and execution of this Agreement. 4. Si2nal Carria2e. a. Carriage of Entire Analog Signal. At all times during the Term and pursuant to and consistent with the terms ofthis Agreement, Operator shall, contemporaneously with each Station's broadcast, retransmit, at the Operator's own expense, the Analog Signal of each respective Station over the System(s) within each Station's Service Area in accordance with the provisions hereof without interruption, additions, insertions, alterations, or deletions, including the primary video, accompanying audio, Program Related Material, and related material carried. in the vertical blanking interval ("VB I") or on subcarriers. As used herein, "Program Related Material" shall mean (i) closed-captioning data and related information, (ii) program/commercial identification codes, (iii) program ratings information receivable by V -Chip equipped television sets, (iv) any material necessary for the delivery or distribution of the Digital Signal, if applicable, (v) any information or material associated with specific programming or commercial advertisements transmitted in the Signal, (vi) any promotional data, (vii) any scheduling, descriptive, or other data concerning or implementing any program guide or navigational device or other program-related information or material, and (viii) the Secondary Audio Pmgram. b. Quality of Analog Signal. Carriage of a Station's Analog Signal shall be without degradation and shall be of no less technical quality than required by FCC rules for "must carry" stations and at least of equal quality to all other analog signals carried by the System(s), provid(~d that, to the extent that a System uses all commercially reasonable efforts to receive a signal ofthe applicable Station( s) of a quality equal to that of the analog signals of all other broadcast stations carried by such System. c. Carriage of Digital Signal by Upgraded System. At all times during the Term and pursuant to and consistent with the terms of this Agreement, Operator shall carry the Digital Signal of each Station, at Operator's own expense, over each System (or node of such System) that has been upgraded to 750 MHz or more (each such upgraded System is referred to herein as an "Upgraded System") or, if earlier, when Operator commences carriage of the digital signal of lmy other television station located in the same DMA of the applicable System. A Station's Digital Signal may consist, in the Station's sole discretion, from time to time up to 19.4 megabits per second of (i) one channel of high-definition format (as defined by the ATSC) ("HDTV") video and audio programming (in such format, "HDTV Programming"), (ii) one channel of video and audio programming that is not HDTV Programming. If the Operator creates a digital tier of broadcast channels using standard definition television (SDTV) then Owner requires carriagc;:. d. Quality of Digital Signal. Each System required to carry the Digital Signal of a Station shall retransmit, at its own expense, such Digital Signal without interruptions, additions" insertions, alterations, deletions, or reduction in the bit rate. The Digital Signal shall be retransmitted without degradation, of a quality consistent with any applicable FCC rules. California Oregon Broadcasting, Ioc. - 2 - e. Digital Convergence. With the uncertainty of the time frame and guidelines related to digital convergence and the discontinued use of the analog signal, Owner reserves the right to revisit digital carriage when the transition to digital takes place. 5. Channel Position and Tier for Current and Each Acquired Station and Each Current and Acquired System. a. Analog Signals. At all times during the Term, Operator agrees to carry on each System the Analog Signal of each Station on the channel position on which the Station is carri<;:d by that System as of the date ofthis Agreement. The channel for each Station on each System's set top boxes and displayed on that System's on-screen channel guide shall be the same channel on which the Station's Analog Signal is carried pursuant to the preceding sentence. Notwithstanding anything to the contrary herein, during any time that a System (or portion of a System) is obligated to distribute the analog Signal hereunder, such System (or porllion of a System) may distribute a digital version of the Analog signal so long as such digital version of the Analog Signal and/or an analog version of the Analog signal is received by each subscriber in such System. b. Digital Signals. Each System which retransmits a Station's Digital Signal shall Garry the applicable Station's Digital Signal in its original form (except as remodulated and fe-multiplexed by Operator) on the most widely distributed digital service tier and shall take no action to prevent such Signal from appearing, from the viewer's perspective, to be a separate channel (or, in the case of Multiplexed Programming, from appearing, from the viewer's perspective, to be a separate channel for each full screen video and audio programming feed) on such System. Each Upgraded System shall comply with the then current version of A TSC standard A/65 (PSIP) and, except where inconsistent therewith, Society of Cable Television Engineers ("SCTE") standard DVS-097 relating to channel mapping, each to the extent that the System's technology and set-top boxes can support such channel position standards. 6. No Insertions. Operator will not, without the Owner's prior consent, authorize the insertion into any Station's Signals. 7. Emel1!:encv Alert System. Operator shall not interrupt any Station's Signals to transmit Emergency Alert System ("EAS") messages, alerts, or tests over any System. 8. Copvri2hts and Trademark Licenses. It shall be Operator's obligation, not the Owner's, to secure copyright license rights, and pay applicable copyright fees, through individual agreements with copyright owners or through the perfection of compulsory licenses, with respect to all programming content of the Station retransmitted by the Operator. With respect to all programming content that the Owner has the right to grant copyright licenses for, Owner hereby grants to Ashland Fiber Network a paid up, no cost (royalty free) copyright license for: a) Permitted Retransmissions as provided in this Agreement; and b) advertising for and demonstration of Permitted Retransmissions. Ashland Fiber Network acknowledges and understands that the Owner may not have the right to grant a copyright license to l'l..shland Fiber Network with respect to all of the programming content of the Station, and that th<;: Owner makes California Oregon Broadcasting, Inc. - 3 - no representations as to the portion of the programming content of the Station for which the Owner can grant a copyright license. Owner hereby also grants to AsWand Fiber Network a paid up, no cost (royalty free) trademark, service mark, service name and/or trade name license permitting Ashland Fiber Network to reproduce the logo of the Station for marketing and advertising purposes. Except as provided herein AsWand Fiber Network shall not record, copy, duplicate, retransmit and/or authorize the recording, copying, duplication or retransmission of any portion of the Station's broadcast signal without the prior written permission of the Owner. 9. Retransmission Compensation. Operator_shall give compensation to the O.vner as detailed in Attachment B. For this purpose a "viewing Subscriber" is defined to mean any viewing customers authorized by the Operator to receive the Station's programming. A viewing Subscriber may include, but shall not be limited to a single-family residence, hotel, and motel guest rooms, private offices, and patient rooms in hospitals. For residential and commercial viewing Subscribers, each single residential dwelling unit or commercial establishment (public and private) regardless of the number of televisions within the unit or establishment that are authorized to receive the Station shall be deemed to be a single viewing subscriber. For bulk-billed viewing Subscribers, the number of viewing subscribers per account shall be determined on an equivalent billing unit basis, assuming one hundred percent (100%) penetration. Operator shall be entitled to determine, in its reasonable judgment, whether a particular viewing Subscriber is a residential, commercial, or bulk-billed viewing Subscriber. Notwithstanding the forgoing, the following subscribers to the Operator's service shall not be considered viewing Subscribers: (a) Operator and/or any of the Operator test sites, (b) Operator's retail viewing rooms; and (c) employees of the Operator. For calculating the Retransmission Fee, the number of viewing Subscribers as of the last day of the previous montWy reporting period shall be added to the number of viewing Subsclribers as of the last day of the montWy reporting period for which the Retransmission Fee is being calculated, and that sum shall be divided by two. For example, if: (i) there are 30,000 viewing Subscribers as of the last day of the June reporting period, (ii) 20,000 viewing subscribers as of the last day of the May, or immediately preceding reporting period; then there would lbe 25,000 viewing Subscribers for the June reporting period (the average of the sum of number of viewing Subscribers as of the last day of the current reporting period (30,000 + 20,000) divided by 2. Payment hereunder shall be made to the Owner not later than forty-five days af1ter the end of the month for which any such payment is due. With each Retransmission Fee payment tendered to the Owner, Operator shall provide a written report verifying the number of Subscribers for which a fee is due and is being paid. Upon thirty (30) days prior written notice of the Owner, Operator shall provide the Owner's third-party independent auditors with copies of relevant original entries to Operator's intemal1x>oks and records to enable the Owner to verify the accuracy of Operator's montWy subscriber totals for each of the preceding ltwelve (12) months which form the as is for Operator's retransmission fee payments to the Owner. Such requests shall be limited to one (1) per year. In the event an audit states that Op~rator has underpaid the Owner by five percent (5%) or more for the period being audited, Operator shall reimburse the Owner for all reasonable costs incurred by the Owner in connection with the audit as well as any fees due the Owner. California Oregon Broadcasting, Inc. -4- 10. Representation and Warranties. Operator holds the FCC license for the Station and is legally qualified, empowered and able to carry out all of the material transactions contemplated hereby. The Operator has all material authorizations necessary to operate the Cable: System and is legally qualified, empowered and able to carry out all ofthe material transactions contemplated hereby. Operator and Owner shall each indemnify, defend, and forever hold harmless the other, the other's affiliated companies and entities, and their respective officers, directors, trustees, employees, and partners against and from all liabilities, claims, (:osts, damages, and expenses (including, without limitation, reasonable counsel fees, disbursements, and court and administrative costs) arising out of any material breach by them of any warranty, covenant, or representation contained herein. The indemnities contained in this Section shall survive the expiration or earlier termination of this Agreement. 11. Taxes. Neither the Owner nor the Station shall be liable for any federal, state or local taxes, including use, income, excise, franchise or corporate tax or for fees payable to any franchising authorities, based upon its carriage of the Station's broadcast signal. 12. Force Maieure: Consequential Damae:es. Any delay, preemption or otht:r failure to perform caused by factors beyond the parties' reasonable control, such as an act of God, labor dispute, non-delivery by program suppliers, war, riot, technical breakdown, or government law, order or regulation, shall not result in a default of this Agreement. Each party shall exercise its reasonable efforts to cure such delays and the cause thereof, and performance under the terms of this Agreement shall be excused for the period of time during which such factor continues. In the event that any force majeure event continues for greater than ninety (90) days either party may terminate this Agreement. Notwithstanding any other provision in this Agreement to the contrary, neither the Station nor Operator shall be liable to the other party for incidental, consequential or special damages (including but not limited to, loss of profits or revenues, or damages to or loss of personal property) in any cause of action arising out of, related to, or in connection with a breach of this Agreement. 13. Rie:ht to Terminate. Either Owner or Operator, in addition to all other remedies that may be available to it under this Agreement or under applicable law, may elect to terminate this Agreement, effective at any time, and be relieved of any further liabilities and obligations hereunder, by giving the other party written notice, if the other party has made a material misrepresentation or has materially breached its duties or obligations hereunder and such misrepresentation or breach is not cured within sixty (60) days of such notice. 14. Successors and Assie:ns. This Agreement shall be binding upon the suCct;:ssors and assigns of Ashland Fiber Network and Owner, unless prohibited or restricted by law or agreement. California Oregon Broadcasting. Inc. - 5 - 15. Specific Performance. Both Owner and Operator acknowledge and agree that each would be damaged irreparably in the event any provision of this Agreement is not performed in accordance with its specific terms or is otherwise breached. Accordingly, Owner and Operator agree that the other shall be entitled to an injunction or injunctions to prevent breach(es) of the provisions of this Agreement and to enforce specifically this Agreement and the tenus and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity. 16. No Joint Venture or Principal-A2ent Relationship: No Owner Relationship with Subscribers. Nothing in this Agreement shall create any joint venture or principal-agent relationship between the Station, the Owner and Ashland Fiber Network. No subscriber of Ashland Fiber Network shall be deemed to have any direct or indirect contractual rdationship with the Station or the Owner by virtue of the Agreement, nor shall any subscriber be deemed to be a third party beneficiary of this Agreement. Ashland Fiber Network hereby acknowledges that except with respect to content, Ashland Fiber Network, and not the Owner or the Station shall be fully liable for all claims and responsible for all matters with respect to subscribers. 17. Severability. The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any other provision of this Agreement. 18. Confidentiality. At all times during the term of this Agreement, Ashland Fiber Network and the Owner and its respective employees will maintain, in confidence, the existence, terms and provisions of this Agreement, as well as all information of any kind, oral or written, acquired or developed in any manner, from either party's files, employees, representatives or agents, or as a direct or indirect result of either party's actions or performance under this Agreement. The parties represent that they have not and will not reveal the same to any person not employed by the other party, except: i) at the written request of the other party; ii) to the extent necessary to comply with the law, the valid order of a court of competent jurisdiction or the valid order of a governmental agency, in which event the disclosing party will notify the other party of the information to be disclosed as soon as the necessity for such disclosure becomes known and in advance of any disclosure, and will seek confidential treatment of such information; iii) as part of its normal reporting procedures to its parent company, its auditors and its attorneys (and then only to the degree necessary, and such recipients shall agree also to be so bound); and iv) to the extent necessary to permit the performance of its obligations under this Agreement or to enforce any right under this Agreement. 19. Applicable Law. This Agreement shall be governed by and construed und'er and in accordance with the laws of the jurisdiction of Oregon (excluding choice-of-Iaw provisions thereof), subject to all applicable rules, regulations, and orders, including, without limitation, provisions ofthe Act and regulations of the FCC. California Oregon Broadcasting. Inc. -6- 20. Notices. All notices, demands, requests or other communications which may be or are required to be given, served or sent by any party to any other party pursuant to this Agreement shall be in writing and given either personally or by deposition of the same in the United States mail addressed to the party to be given notice at the address below, or by fax to the number specified below. Receipt of such notice shall constitute the giving thereof. Any in~ormation regarding notices may be changed by written notice to the other party. To Owner: California Oregon Broadcasting, Inc. Attention: Bob Wise, General Manager 125 South Fir Medford, OR 97501 Telephone: (541) 779-5555 Facsimile: (541) 779-5564 To the Operator: Ashland Fiber Network Attention: Lee Turnberg 20 E. Main Street Ashland, OR 97520 Such notices or other communications shall be deemed received (a) on the date delivered or sent, if delivered personally or sent by telecopy or telefax, (b) the day after being sent, if sent by a reputable overnight courier service, or (c) three business days after being sent, if sent by registered or certified mail. 21. Scope of Ae:reement and Reservation of Rie:hts. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous, express or implied, written or oral, agreements, representations and conditions between the parties with respect thereto. This Agre(~ment conveys to Ashland Fiber Network only those rights that are expressly stated. All other rights with regard to the Specified Station's signal not specifically granted herein are reserved to the Owner. This Agreement may only be modified or amended by a written instrument signed by the parties. California Oregon Broadcasting, Inc. - 7 - 22. Counteroarts. This Agreement may be signed in counterparts with the same effect as if the signature on each counterpart were upon the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date first written above: California Oregon Broadcasting, Inc.: Ashland Fiber Network: Print or Type Name: Print or Type Name: Signature: Signature: Title: Title: California Oregon Broadcasting, Inc. - 8 - ATTACHMENT A This is Attachment A to the Retransmission Consent Agreement between California. Oregon Broadcasting (hereafter "Owner"), dba KOBI- TV, and Ashland Fiber Network ("Operator") which covers the period from January 1, 2006-December 31,2008. SYSTEM SUBJECT TO THIS AGREEMENT Ashland California Oregon Broadcasting, Inc. - 19 - ATTACHMENTB This is Attachment B to the Retransmission Consent Agreement between California Oregon Broadcasting (hereafter "Owner"), dba KOBI- TV and Ashland Fiber Network (hereafter "Operator") that covers the period from January 1, 2006-December 31, 2008. PART ONE: CASH COMPENSATION Operator will pay cash compensation to the Owner on a per viewing Subscriber basis (as defined in Section 9 of this agreement) in an amount equal to $0.15 (fifteen cents) per month for the period 1/1/06-12/31/06; $0.16 (sixteen cents) per month for the period 1/1/07-12/31/07; $0.17 (seventeen cents) per month for the period 1/1/08-12/31/08 for the signal of the Station. P ART TWO: AD AVAILS Owner shall have license to utilize eleven (11) thirty second advertising avails per week on each of the cable channels on which local advertising is carried. These avails would be utilized to promote locally produced programming including, but not limited to, news, information and public service. The following provisions apply: a) All of the spots will be run-of-schedule (ROS). b) Owner will allow for discrepancies of up to 10% of monthly avails unless Operator inventory is sold out (excluding sweep months). c) During the sweep months of February, May, July and November, Operator will guarantee insertion of spots. d) All scheduling and insertions shall be subject to the limitations of the insertion system used by Operator. e) Owner will request changes in promotional avails no more than once per week. f) Operator will provide affidavits of performance on a monthly basis. g) Avails will be used for the purpose of promoting local programming including, but not limited to, news and public service. PART THREE: NEWS Operator will be open to discussions with Owner to incorporate local news broadcasts, news teases, or tie-ins for local news and programming on any of Ashland Fiber Network's channels. Any such discussions shall remain confidential. California Oregon Broadcasting, Inc. - 20- ~ Cahfornia Oregon Broadcasting. Inl'. ESlIIhlnhed 1<)33 September 14, 2005 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Lee Tuneberg Interim Manager/Finance Director, City of AsWand AsWand Fiber Network 20 East Main Street AsWand, Oregon 97520 Re: Retransmission Consent Election for Ashland, OR Dear Mr. Tuneberg: Please be advised that the undersigned licensee of television station KOBI - TV licensed to Medford, OR has elected not to exercise the must-carry rights on your cable system created under ~ 76.56(b) of the FCC's rules for the period beginning January 1,2006 and ending December 31, 2008, and instead invokes its right under Section 325(b) of the Communications Act of 1934, as amended, and ~ 76.64(a) of the FCC rules to bar retransmission of its signal by your cable system without prior express authority of the undersigned licensee. We look forward to having the opportunity to discuss with you mutually satisfactory terms under which our station's retransmission consent may be extended to your cable system. Sincerely, Robert L. Wise General Manager, KOBI- TV cc: Station Public Inspection File at1&. KaRl-TV P.O. Box 1489, 125 S. Fir Street Medford, OR 97501 (541) 779-5555 Office Fax (541) 779-5564 News Fax (541) 779-5018 kobi@kobi5.com ~~ KOTI- TV P.O. Box 2K, 222 S. 7lh Street Klamath Falls, OR 97601 (541) 882-2222 Fax (541) 883-7664 koti@koti2.com