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232860v1 <br />8 <br />(kk)“Tap” means a device which connects a Drop to the Feeder Cable. <br />(ll)“Video Programming” means programming provided by, or generally considered <br />comparable to programming provided by, a television broadcast station. <br />(mm)“Wireline MVPD” means a multichannel video programming distributor that utilizes <br />the Streets to install cable or fiber and is engaged in the business of making available <br />for purchase, by Subscribers, multiple Channels of video programming in the City. <br />(3) Written Notice. All notices, reports or demands required or permitted to be given under this <br />Franchise shall be in writing and shall be deemed to be given when delivered personally to <br />the party designated below, or when five (5) days have elapsed after it has been deposited in <br />the United States mail in a sealed envelope, with registered or certified mail, postage <br />prepaid thereon, or on the next business day if sent by express mail or nationally recognized <br />overnight air courier addressed to the party to which notice, report or demand is being <br />given, as follows: <br />If to City:City Administrator <br />City of Orono City Hall <br />2750 Kelley Parkway <br />Orono, MN 55356 <br />Copy to:City Attorney <br />Soren M. Mattick <br />Campbell Knutson, P.A. <br />Grand Oak Office Center I <br />860 Blue Gentian Road, Suite 290 <br />Egan, MN 55121 <br />If to Grantee:Midcontinent Communications <br />Attn: Legal <br />4020 W Cayman Street <br />Sioux Falls, SD 57107 <br />Ph. (605) 271-4144 <br />Such addresses may be changed by either party upon notice to the other party given as <br />provided in this section. <br />SECTION 2 <br />GRANT OF AUTHORITY AND GENERAL PROVISIONS <br />(1)Franchise Required. It shall be unlawful for any Person, unless specifically <br />required by Applicable Laws, to construct, operate or maintain a Cable System or <br />an MVPD System to provide Cable Service or Video Programming, including <br />OVS, in the Franchising Authority unless such Person or the Person for whom <br />such action is being taken shall have first obtained and shall currently hold a valid <br />franchise. <br />73