HomeMy WebLinkAbout2005-307 Agreement - USA Network
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USA NETWORK AFFILIATION AGREEMENT
THIS AGREEMENT is made as of the I ~ day of October 2005 (the "Effective Date"), by
and between NBC UNIVERSAL CABLE, a division of NBC Universal, Inc., a Delaware
corporation ("NBCU"), on behalf of Universal Television Networks, a New York partnership
("Network") and ASHLAND FIBER NETWORK, a 1W.A/(~t4+t- corporation ("Affiliate").
FOR AND IN CONSIDERATION of the mutual covenants and conditions hereinafter set
forth, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS. As used in this Agreement, the following terms shall have the following
meanings:
(a) "Affiliate's Systems" or "Systems" shall mean each facility as defined at 47 C.F.R. Sec.
76.5(a) (2004), as amended ("Cable Television System"), and/or each on-premise satellite
master antenna facility serving a multiple dwelling unit or complex ("SMATV System"), in each
case now or hereafter owned and controlled by Affiliate and located solely within the Territory,
including Subsequently Acquired Systems as provided in Section 11 below; provided that
Affiliate remains fully liable for all fees incurred hereunder.
(b) "Basic Service" shall mean the cable service paCkage which is received by all
Subscribers to the System and may be purchased by any Subscriber without additional
obligation to purchase any other tier or programming service(s) and which is the level of
television service with the highest penetration level on a System. In the event that a System
provides a "broadcast basic package" or a "lifeline package", as those terms are commonly
used in the cable television industry, the term "Basic Service" shall be defined to include such
package. Basic Service shall not mean a television service package which includes any
subscription or other premium programming.
(c) "Bulk-Rate Subscriber" shall mean each Subscriber receiving any television service from
a System in accordance with the requirements set forth in Schedule 1 attached hereto.
(d) "Commercial Subscriber" shall mean each Subscriber receiving any television service
from a System in the course of its business and includes, but is not limited to, any commercial
establishment, bar, restaurant, hospital, nursing home, hotel, motel, university or office;
provided, however, that the term "Commercial Subscriber", and the rights granted to Affiliate
hereunder, shall not include any public viewing areas, locations or places where an admission
fee is required or charged.
(e) "Expanded Basic Service" shall mean a cable service package for which a separate
charge is made over Basic Service and which is the level of cable service with the second
highest level of penetration. Expanded Basic Service shall not mean a television service
package which includes any subscription or other premium programming.
(f) "Operating Area" shall mean, with respect to any System, those areas in which Affiliate
offers television service to Subscribers pursuant to a valid cable television franchise granted by
an appropriate governmental authority, or that area where Affiliate is otherwise lawfully
operating such System.
(g) "Residential Subscriber" shall mean each Subscriber authorized to receive any television
service from a System who does not qualify as a Commercial Subscriber.
A,hlandFiher LSA Agmt 2005.doc