Common use of Distribution of Capacity Prior to Start Date Clause in Contracts

Distribution of Capacity Prior to Start Date. The full capacity of the ITFS Channels, including all associated response channels (if any), shall be allocated to Licensee from the Effective Date until the Start Date, provided Licensee shall, upon request by Operator, permit Operator to enter into subleases of video excess capacity to third parties in conformity with FCC Rules in order to defray the costs of the analog transition services provided by Operator pursuant to this SUBPARAGRAPH 2(a). All proceeds from any such sublease shall be paid to and retained by Operator. To comply with FCC Rules in the event of such sublease, and in addition to such other requirements as may be imposed by the FCC for such subleasing, all of which requirements shall be satisfied by Operator at its sole expense, either (x) a full ITFS Channel shall be reserved to Licensee at the Primary Transmission Site during any such sublease if requested by Licensee (the "Full Channel Option") or (y) Licensee shall have reserved to Licensee such number of hours in a week on one ITFS Channel as equals the product of the number of ITFS Channels and twenty (20) (with such hours falling during those times when schools ordinarily are in session) (the "Partial Channel Option"). Operator, at its expense, shall transmit educational programming provided by Licensee for transmission over such ITFS Channel full-time, if the Full Channel Option is selected, or for the specified number of hours per week, if the Partial Channel Option is selected. Further, during any such sublease, if the Partial Channel Option is selected, Licensee shall have the unabridgeable right to recapture, subject to six (6) months' advance written notification by Licensee to Operator, an average of an additional twenty (20) hours per ITFS Channel per week. In the event that the sublease involves any Licensed Booster Station or Unlicensed Booster Station in addition to a Primary Transmission Site, Operator may sublease the entire capacity of such booster station but Licensee shall maintain the unabridgeable right to ready recapture at least forty (40) hours per ITFS Channel per week for Licensee's services.

Distribution of Capacity Prior to Start Date. The full capacity of the ITFS EBS Channels, including all associated response channels (if any), shall be allocated to Licensee from the Effective Date until the Start Date, provided Licensee shall, upon request by Operator, permit Operator to enter into subleases of video excess capacity to third parties in conformity with FCC Rules in order to defray the costs of the analog transition services provided by Operator pursuant to this SUBPARAGRAPH 2(a). All proceeds from any such sublease shall be paid to and retained by Operator. To comply with FCC Rules in the event of such sublease, and in addition to such other requirements as may be imposed by the FCC for such subleasing, all of which requirements shall be satisfied by Operator at its sole expense, either (x) a full ITFS EBS Channel shall be reserved to Licensee at the Primary Transmission Site during any such sublease if requested by Licensee (the "Full Channel Option") or (y) Licensee shall have reserved to Licensee such number of hours in a week on one ITFS EBS Channel as equals the product of the number of ITFS EBS Channels and twenty (20) (with such hours falling during those times when schools ordinarily are in session) (the "Partial Channel Option"). Operator, at its expense, shall transmit educational programming provided by Licensee for transmission over such ITFS EBS Channel full-time, if the Full Channel Option is selected, or for the specified number of hours per week, if the Partial Channel Option is selected. Further, during any such sublease, if the Partial Channel Option is selected, Licensee shall have the unabridgeable right to recapture, subject to six (6) months' advance written notification by Licensee to Operator, an average of an additional twenty (20) hours per ITFS EBS Channel per week. In the event that the sublease involves any Licensed Booster Station or Unlicensed Booster Station in addition to a Primary Transmission Site, Operator may sublease the entire capacity of such booster station but Licensee shall maintain the unabridgeable right to ready recapture at least forty (40) hours per ITFS EBS Channel per week for Licensee's services.