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. RESOLUTION <br />WHEREAS, the City of Charlottesville ("City") entered into a Cable Franchise Agreement <br />with Chelsea Communications, L.L.C. D/B/A Adelphia Cable Communications (hereinafter <br />"Adelphia") effective January 1, 2004 — December 31, 2013; and <br />WHEREAS, the Cable Franchise Agreement requires that Adelphia make available for use <br />by the City, without charge, a minimum of one (1) activated Channel for non-commercial <br />Governmental programming, a minimum of one (1) activated Channel for non-commercial public <br />access programming and a minimum of one (1) activated Channel for non-commercial educational <br />programming for educational institutions within the City; and <br />WHEREAS, Channel 14 is currently designated for non-commercial educational <br />programming but is underutilized; and <br />WHEREAS, Adelphia currently does not have capacity in its present bandwidth for <br />additional channel capacity but is expected to have additional capacity no later than December 31, <br />2006; and <br />WHEREAS, the City desires to make Channel 14 available for commercial community <br />programming by a low power television service station for a limited time not longer than such <br />time as Adelphia's system is upgraded with additional channel capacity; and <br />WHEREAS, Adelphia has indicated a willingness to amend or otherwise address the <br />relevant provisions of the Cable Franchise Agreement. <br />NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to execute <br />a Side Letter Agreement with Adelphia as approved by the City Attorney to allow use of Channel <br />14 for a community television station until December 31, 2006. <br />Approved by Council <br />June 7, 2004 <br />rk of City C until <br />• <br />