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THIS CABLE FRANCHISE AGREEMENT (the "Franchise" or "Agreement") is entered into by and between the City of Portsmouth, Virginia, a duly organized city under the applicable laws of the Commonwealth of Virginia (the Local Franchising Authority or "LFA") and Cox Communications Hampton Roads, LLC, a limited liability company duly organized under the applicable laws of the Commonwealth of Delaware (the "Franchisee"). WHEREAS, the LFA wishes to grant Franchisee a nonexclusive franchise to construct, install, maintain, extend and operate a cable communications system in the Franchise Area as designated in this Franchise; WHEREAS, the LFA is a "franchising authority" in accordance with Title VI of the Communications Act (see 47 U.S.C. §522(10)) and is authorized to grant one or more nonexclusive cable franchises pursuant to the Code of Virginia, Va. Code Ann.§ 15.2-2108.20; WHEREAS, the LFA intends to exercise the full scope of its municipal powers to the extent not prohibited by Virginia law, including both its police power and contracting authority, to promote the public interest and to protect the health, safety and welfare of the citizens of the City of Portsmouth, Virginia; WHEREAS, the Cable System will occupy the Public Rights -of -Way within the LFA, and Franchisee desires to use portions of the Cable System to provide Cable Services (as hereinafter defined) in the Franchise Area; WHEREAS, the LFA has identified the future cable -related needs and interests of the LFA and its community, has considered the financial, technical and legal qualifications of Franchisee, and has determined that Franchisee's Cable System is adequate, in a full public proceeding affording due process to all parties; WHEREAS, the LFA has found Franchisee to be financially, technically and legally qualified to operate the Cable System; WHEREAS, the LFA has determined that the grant of a nonexclusive franchise to Franchisee is consistent with the public interest; and WHEREAS, the LFA and Franchisee have reached agreement on the terms and conditions set forth herein and the parties have agreed to be bound by those terms and conditions. NOW, THEREFORE, in consideration of the LFA's grant of a franchise to Franchisee, Franchisee's promise to provide Cable Service to residents of the Franchise/Service Area of the LFA pursuant to and consistent with the Communications Act (as hereinafter defined), pursuant to the terms and conditions set forth herein, the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which are hereby acknowledged.