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(kk) "Tap"means a device which connects a Drop to the Feeder Cable. <br /> (11) "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 /> 8 <br /> 232860v1 <br />