Development of Shared Operating Plan. Each party’s chief engineer and one or more other employees with appropriate organizational authority and operating or technical expertise shall confer for the purpose of developing a formal plan to address technical planning considerations and ongoing operational matters (the “Shared Operating Plan”). For clarity, no Sub-Xxxxxx shall have any rights of review or input on the Shared Operating Plan. The Shared Operating Plan shall:
(i) Incorporate the Engineering Plan set out in Schedule 2.1 hereto.
(ii) Reflect technical discussions between the parties as may be required to coordinate the transition of Sharee’s Station’s existing operations from its pre-Incentive Auction channel to the Shared Channel (e.g., proposed employee responsibility and technical considerations);
(iii) Include allocation of costs between the parties of any necessary equipment or other capital expenditures necessary to initiate channel sharing in accordance with Section 3.2;
(iv) Provide a mechanism to address the allocation of spectrum in the future beyond the Engineering Plan (e.g., in the event of technological changes, including ATSC 3.0, etc.), consistent with this Agreement;
(v) Contemplate appropriate pre-commencement testing for shared operations; and
(vi) Provide for delivery of any notices to third parties (including consumers) that may be reasonably necessary or desirable or required by the FCC. The parties shall agree upon a Shared Operating Plan as promptly as practicable, but in no event later than thirty (30) days following delivery of the Channel Sharing Notice. The parties acknowledge that Univision also has certain obligations to consult with Entravision pursuant to the Joint Sales Agreement.
Development of Shared Operating Plan. Each party’s chief engineer and one or more other employees with appropriate organizational authority and operating or technical expertise shall confer for the purpose of developing a formal plan to address technical planning considerations and ongoing operational matters (the “Shared Operating Plan”). For clarity, no third party licensee to a Sub-Sharing Agreement shall have any rights of review or input on the Shared Operating Plan. The Shared Operating Plan shall:
(i) Incorporate the Engineering Plan set out in Schedule 2.1 hereto.
(ii) Reflect technical discussions between the parties as may be required to coordinate the transition of Sharee’s Station’s existing operations from its pre-Incentive Auction channel to the Shared Channel (e.g., proposed employee responsibility and technical considerations);
(iii) Include allocation of costs between the parties of any necessary equipment or other capital expenditures necessary to initiate channel sharing in accordance with Section 3.2;
(iv) Provide a mechanism to address the allocation of spectrum in the future beyond the Engineering Plan (e.g., in the event of technological changes, including ATSC 3.0, etc.);
(v) Contemplate appropriate pre-commencement testing for shared operations; and
(vi) Provide for delivery of any notices to third parties (including consumers) that may be reasonably necessary or desirable. The parties shall agree upon a Shared Operating Plan as promptly as practicable, but in no event later than thirty (30) days following delivery of the Channel Sharing Notice.
