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SIDE LETTER AGREEMENT SUSPENDING CERTAIN PORTIONS OF AN <br />• ORDINANCE GRANTING A FRANCHISE TO CHELSEA COMMUNICATIONS, <br />L.L.C. D/B/A ADELPHIA CABLE COMMUNICATIONS TO CONSTRUCT, OPERATE <br />AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF <br />CHARLOTTESVILLE, VIRGINIA <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 ("Cable Franchise Agreement"); 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 pursuant to the terms of the Cable Franchise Agreement; and <br />• WHEREAS, the City desires to temporarily suspend a portion of the cable franchise <br />agreement to make Channel 14 available for commercial Charlottesville -based community <br />programming; and <br />WHEREAS, Adelphia is in the process of negotiating a leased access agreement with a <br />local commercial carrier of Charlottesville -based community programming that is contingent upon <br />the City agreeing to suspend certain portions of the Cable Franchise Agreement, thereby <br />permitting Channel 14 to temporarily revert back to Adelphia's use; <br />NOW, THEREFORE, in consideration of the mutual promises set forth herein, and other <br />good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby <br />agree as follows: <br />1. Adelphia may enter into one (1) leased access agreement with a local, commercial, low <br />power television service programmer to air Charlottesville -based community programming upon <br />terms and conditions to be agreed upon by Adelphia in its sole discretion and subject to the terms <br />of this Side Letter Agreement. Any such leased access agreement will be conditional upon the <br />City and Adelphia temporarily suspending two provisions in the Cable Franchise Agreement (as <br />specified below), thereby permitting an educational channel (hereinafter "Channel 14") to <br />temporarily revert back to Adelphia. <br />0 <br />