Common use of Future Technology Clause in Contracts

Future Technology. ‌ (a) No more frequently than one (1) time during each year during the term of the Franchise Agreement starting in the third (3rd) year of this Agreement, if requested in writing by the Franchising Authority, Franchisee shall review with the Franchising Authority changes in relevant cable television technology that might benefit City Subscribers. Relevant cable technology is that technology necessary to give the Cable System the capability of providing Cable Services substantially equal to those services available to at least fifty percent (50%) of all Subscribers in the following New Hampshire and Maine municipalities: Portsmouth, Dover, Durham, Derry, Concord, Salem and such other New Hampshire municipalities as mutually agreed; and the Maine municipalities of similar size to the City of Rochester, as mutually agreed. Such technology shall include but not be limited to converters, cable ready television sets, high definition television, digital compressions, cable modems, remote control devices, scrambling technology, additional interactive capability, and digital video recording technologies. (b) To the extent consistent with Applicable Law, the City shall have the option of requiring Franchisee to provide relevant cable technology when the following requirements have been met: (i) the City must meet with the Franchisee and negotiate in good faith to identify the cable technologies provided in the benchmark municipalities which are not currently provided in the City of Rochester; and (ii) such relevant cable technology is technically and economically feasible. “Economically feasible” shall mean that Franchisee shall have prospects of earning a reasonable rate of return as that term may be defined by the FCC for applicable infrastructure investments by cable operators.

Future Technology. ‌ (a) No more frequently than one (1) time during each year during the term of the Franchise Agreement starting in the third (3rd) year of this Agreement, if requested in writing by the Franchising Authority, Franchisee shall review with the Franchising Authority changes in relevant cable television technology that might benefit City Town Subscribers. Relevant cable technology is that technology necessary to give the Cable System the capability of providing Cable Services substantially equal to those services available to at least fifty percent (50%) of all Subscribers in the following New Hampshire and Maine municipalities: PortsmouthRochester, Dover▇▇▇▇▇▇, DurhamFarmington, Derry, Concord, Salem Strafford and such other New Hampshire municipalities as mutually agreed; and the Maine municipalities of similar size to the City of Rochester, as mutually agreed. Such technology shall include but not be limited to converters, cable ready television sets, high definition television, digital compressions, cable modems, remote control devices, scrambling technology, additional interactive capability, and digital video recording technologies. (b) To the extent consistent with Applicable Law, the City Town shall have the option of requiring Franchisee to provide relevant cable technology when the following requirements have been met: (i) the City Town must meet with the Franchisee and negotiate in good faith to identify the cable technologies provided in the benchmark municipalities which are not currently provided in the City Town of RochesterBarrington; and (ii) such relevant cable technology is technically and economically feasible. “Economically feasible” shall mean that Franchisee shall have prospects of earning a reasonable rate of return as that term may be defined by the FCC for applicable infrastructure investments by cable operators.