Operation of Station. (a) Notwithstanding anything to the contrary in this Agreement, the Licensee shall retain exclusive authority for the operation of the Station, including, without limitation, the right (i) to accept or reject any programming or advertisements proffered by Manager (ii) to cancel or preempt any programming proffered by Manager if the broadcast of such program(s) would, in the Licensee's opinion, not be in the public interest, (iii) to substitute for any program proffered by Manager a program deemed by the Licensee to be of greater national, regional or local interest, (iv) to require that time sales by Manager to political candidates comply with law and policy regarding access, charges and equal opportunities, and (v) to take any other action which the Licensee deems necessary for compliance with federal, state and local laws, including the Act and the rules and policies of the FCC. Station personnel shall report and be accountable solely to the Licensee. When they use Licensee's facilities, Manager's personnel shall be under the ultimate direction, control and supervision of the Licensee's general manager. Manager shall provide Licensee with at least seven (7) days notice of the intent to run programming and the anticipated date and time of such broadcast. (b) The Licensee will use its best efforts to provide Manager with reasonable prior notice of any intention to cancel or preempt any programming proffered by Manager. (c) Licensee shall be solely responsible for the Station's compliance with the Act as well as FCC rules and policies, Manager shall provide information to the Licensee with respect to Manager's programs to assist the Licensee in assessing the extent to which such programming is responsive to the needs and interests of the Station's service area and to enable the Licensee to provide information required by the FCC and other governmental entities, including but not limited to (i) a quarterly list of community issues and responsive programming and (ii) a description of programming intended to satisfy the Licensee's obligations under the Children's Television Act of 1990. (d) Manager shall have no responsibility for Licensee's federal, state or local income taxes, regardless of when paid or payable by Licensee. (e) Manager shall have the authority, subject to Licensee's final approval and in compliance with Licensee policies and all applicable laws, to hire such personnel as Manager shall deem necessary to the operation of the Station.
Appears in 2 contracts
Samples: Management Agreement (Acme Intermediate Holdings LLC), Management Agreement (Acme Television LLC)
Operation of Station. (a) Notwithstanding anything herein to the contrary in this Agreementcontrary, the Licensee Permittee shall retain exclusive authority for the construction and operation of the Station, including, without limitation, the right (i) to accept or reject any contract for the provision of goods and services in the construction of the Station, (ii) to accept or reject any programming or advertisements proffered by Manager Manager, (iiiii) to cancel or preempt any programming proffered by Manager if the broadcast of such program(s) would, in the LicenseePermittee's opinion, not be in the public interest, (iiiiv) to substitute for any program proffered by Manager a program deemed by the Licensee Permittee to be of greater national, regional or local interest, (ivv) to require that time sales by Manager to political candidates comply with law and policy regarding access, charges and equal opportunities, and (vvi) to take any other action which the Licensee Permittee deems necessary for compliance with federal, state and local laws, including the Act and the rules and policies of the FCC. Station personnel shall report and be accountable solely to the LicenseePermittee. When they use LicenseePermittee's facilities, Manager's personnel shall be under the ultimate direction, control and supervision of the LicenseePermittee's general manager. Manager shall provide Licensee with at least seven (7) days notice of the intent to run programming and the anticipated date and time of such broadcast.
(b) The Licensee Permittee will use its best efforts to provide Manager with reasonable prior notice of any intention to cancel or preempt any programming proffered by Manager.
(c) Licensee Permittee shall be solely responsible for the Station's compliance with the Act as well as FCC rules and policies, . Manager shall provide information to the Licensee Permittee with respect to Manager's programs to assist the Licensee Permittee in assessing the extent to which such programming is responsive to the needs and interests of the Station's service area and to enable the Licensee Permittee to provide information required by the FCC and other governmental entities, including but not limited to (i) a quarterly list of community issues and responsive programming and (ii) a description of programming intended to satisfy the LicenseePermittee's obligations under the Children's Television Act of CHILDREN'S TELEVISION ACT OF 1990.
(d) Manager shall have no responsibility for LicenseePermittee's federal, state or local income taxes, regardless of when paid or payable by LicenseePermittee.
(e) Manager shall have the authority, subject to LicenseePermittee's final approval and in compliance with Licensee Permittee policies and all applicable laws, to hire such personnel as Manager shall deem necessary to for the construction and operation of the Station.
Appears in 2 contracts
Samples: Management Agreement (Acme Intermediate Holdings LLC), Management Agreement (Acme Television LLC)
Operation of Station. (a) Notwithstanding anything herein to the contrary in this Agreementcontrary, the Licensee Permittee shall retain exclusive authority for the construction and operation of the Station, including, without limitation, the right (i) to accept or reject any contract for the provision of goods and services in the construction of the Station, (ii) to accept or reject any programming or advertisements proffered by Manager Manager, (iiiii) to cancel or preempt any programming proffered by Manager if the broadcast of such program(s) would, in the LicenseePermittee's opinion, not be in the public interest, (iiiiv) to substitute for any program proffered by Manager a program deemed by the Licensee Permittee to be of greater national, regional or local interest, (ivv) to require that time sales by Manager to political candidates comply with law and policy regarding access, charges and equal opportunities, and (vvi) to take any other action which the Licensee Permittee deems necessary for compliance with federal, state and local laws, including the Act and the rules and policies of the FCC. Station personnel shall report and be accountable solely to the LicenseePermittee. When they use LicenseePermittee's facilities, Manager's personnel shall be under the ultimate direction, control and supervision of the LicenseePermittee's general manager. Manager shall provide Licensee with at least seven (7) days notice of the intent to run programming and the anticipated date and time of such broadcast.
(b) The Licensee Permittee will use its best efforts to provide Manager with reasonable prior notice of any intention to cancel or preempt any programming proffered by Manager.
(c) Licensee Permittee shall be solely responsible for the Station's compliance with the Act as well as FCC rules and policies, . Manager shall provide information to the Licensee Permittee with respect to Manager's programs to assist the Licensee Permittee in assessing the extent to which such programming is responsive to the needs and interests of the Station's service area and to enable the Licensee Permittee to provide information required by the FCC and other governmental entities, including but not limited to (i) a quarterly list of community issues and responsive programming and (ii) a description of programming intended to satisfy the LicenseePermittee's obligations under the Children's Television Act of 1990.
(d) Manager shall have no responsibility for LicenseePermittee's federal, state or local income taxes, regardless of when paid or payable by LicenseePermittee.
(e) Manager shall have the authority, subject to LicenseePermittee's final approval and in compliance with Licensee Permittee policies and all applicable laws, to hire such personnel as Manager shall deem necessary to for the construction and operation of the Station.
Appears in 2 contracts
Samples: Management Agreement (Acme Intermediate Holdings LLC), Management Agreement (Acme Television LLC)
Operation of Station. (a) Notwithstanding anything to the contrary in this Agreement, the Licensee shall retain exclusive will have full authority for and power over the operation of the Station during the term of this Agreement. Licensee will be responsible for the payment of the salaries and other compensation (including payroll taxes, etc.) of the Station's General Manager, includingEngineer, without limitationand any other personnel employed by Licensee, all of whom will report and be accountable to the Licensee. The Station's General Manager will direct the day-to-day operation of the Station through the exercise of its sole control over the Studio and the Transmitter Site. Licensee will retain control over the policies, programming and operations of the Station, the right (i) to accept or reject preempt any programming programs or advertisements proffered by Manager (ii) to cancel or preempt any programming proffered by Manager if the broadcast of such program(s) would, in the Licensee's opinion, not be in the public interest, (iii) interest or in order to substitute for any program proffered by Manager broadcast a program deemed by the Licensee to be of greater national, regional or local interest, importance (ivsubject to payment credit in accordance with Section 3(d) to require that time sales by Manager to political candidates comply with law and policy regarding access, charges and equal opportunitieshereof), and (v) the right to take any other action which the Licensee deems actions necessary for compliance with federal, state and local laws, including the Act and the rules rules, regulations and policies of the FCC. Station personnel shall report and be accountable solely to Commission (including the Licensee. When they use Licensee's facilities, Manager's personnel shall be under the ultimate direction, control and supervision prohibition on unauthorized transfers of the Licensee's general manager. Manager shall provide Licensee with at least seven (7control) days notice of the intent to run programming and the anticipated date rules, regulations and time policies of such broadcast.
(b) The other federal government entities, including the Federal Trade Commission and the United States Department of Justice. Licensee will use its best efforts to provide Manager with reasonable prior notice of any intention to cancel or preempt any programming proffered by Manager.
(c) Licensee shall at all times be solely responsible for meeting all of the Commission's requirements with respect to public service programming, for maintaining the Station's logs and political and public inspection files, and for the preparation of issues/programs lists. Licensee will also retain the right to break into Programmer's programming in case of an emergency. Programmer will, upon request by Licensee, provide Licensee with information with respect to such of the Programming as is responsive to public needs and interests so as to assist Licensee in the preparation of required programming reports and will provide upon request such other information necessary to enable Licensee to prepare other records and reports required by the Commission or other local, state or federal government entities. Programmer will cooperate with Licensee to ensure the Station's compliance with the Act as well as FCC rules Commission's rules, regulations and policies, Manager shall provide information to the Licensee with respect to Manager's programs to assist the Licensee in assessing the extent to which such programming is responsive to the needs and interests of the Station's service area and to enable the Licensee to provide information required by the FCC and other governmental entitiesstatutes, including but not limited to (i) a quarterly list of community issues the political broadcast rules requiring equal opportunities, reasonable access and responsive programming and (ii) a description of programming intended to satisfy the Licensee's obligations under the Children's Television Act of 1990lowest unit charge.
(d) Manager shall have no responsibility for Licensee's federal, state or local income taxes, regardless of when paid or payable by Licensee.
(e) Manager shall have the authority, subject to Licensee's final approval and in compliance with Licensee policies and all applicable laws, to hire such personnel as Manager shall deem necessary to the operation of the Station.
Appears in 2 contracts
Samples: Local Programming and Marketing Agreement (Cumulus Media Inc), Local Programming and Marketing Agreement (Cumulus Media Inc)
Operation of Station. (a) Notwithstanding anything to the contrary in this Agreement, Licensee shall have full authority and power over the operation of the Station during the period of this Agreement. Licensee shall provide and compensate its employees who perform services at the Station. They shall report solely to and be accountable solely to Licensee and shall direct the day-to-day operation of the Station. Licensee shall retain exclusive authority for control, said control to be reasonably exercised, over the operation policies, programming and operations of the Station, including, without limitation, the right (i) to decide whether to accept or reject any programming Programming or advertisements proffered by Manager (ii) advertisements, the right to cancel or preempt any programming proffered by Manager if the Programming in order to broadcast of such program(s) would, in the Licensee's opinion, not be in the public interest, (iii) to substitute for any program proffered by Manager a program deemed by the Licensee to be of greater national, regional regional, or local interest, (iv) to require that time sales by Manager to political candidates comply with law and policy regarding access, charges and equal opportunities, and (v) the right to take any other action which the Licensee deems actions necessary for compliance with federalthe laws of the United States; the State of South Carolina; the rules, state and local lawsregulations, including the Act and the rules and policies of the FCC. Station personnel shall report and be accountable solely to Commission (including the Licensee. When they use Licensee's facilities, Manager's personnel shall be under the ultimate direction, control and supervision prohibition on unauthorized transfers of the Licensee's general manager. Manager shall provide Licensee with at least seven (7) days notice of the intent to run programming control); and the anticipated date rules, regulations and time policies of such broadcast.
(b) The Licensee will use its best efforts to provide Manager with reasonable prior notice other federal governmental authorities, including the Federal Trade Commission and the Department of any intention to cancel or preempt any programming proffered by Manager.
(c) Justice. Licensee shall at all times be solely responsible for meeting all of the StationCommission's requirements with respect to public service programming, for maintaining the political and public inspection files and the Station log, and for the preparation of programs/issues lists. Licensee shall at all times be solely responsible for compliance with the Act as well as FCC Commission's main studio rules and policies. Broker shall, Manager shall upon request by Licensee, provide Licensee with information to the Licensee with respect to Managersuch of Broker's programs which are responsive to public needs and interest so as to assist the Licensee in assessing the extent to which such preparation of required programming is responsive to the needs reports, and interests of the Station's service area and will provide upon request other information to enable the Licensee to provide information prepare other records, reports and logs required by the FCC and Commission or other governmental entities, including but not limited to (i) a quarterly list of community issues and responsive programming and (ii) a description of programming intended to satisfy the Licensee's obligations under the Children's Television Act of 1990.
(d) Manager shall have no responsibility for Licensee's federallocal, state or local income taxes, regardless federal governmental agencies. Broker shall originate the Programming at its studio and shall provide a remote control facility to permit Licensee's personnel to interrupt the Programming and/or substitute programming originated by Licensee from a control point at Licensee's studio. The cost of when paid or payable telephone lines for such facility will be borne by Licensee.
(e) Manager shall have the authority, subject to Licensee's final approval and in compliance with Licensee policies and all applicable laws, to hire such personnel as Manager shall deem necessary to the operation of the Station.
Appears in 1 contract
Samples: Time Brokerage Agreement (Regent Communications Inc)
Operation of Station. (a) Notwithstanding anything to the contrary in this Agreement, the Licensee shall retain exclusive authority for have full authority, power and control over the operation of the StationStations during the period of this Agreement, including, without limitation, control over the Stations' finances, personnel and programming. The Stations' General Manager shall direct the day-to-day operation of the Stations. Licensee shall retain control over the policies, programming and operations of the Stations, including, without limitation, the right (i) to decide whether to accept or reject any programming or advertisements proffered by Manager (ii) advertisements, the right to cancel or preempt any programming proffered by Manager if the broadcast of such program(s) would, in the Licensee's opinion, programs not be in the public interest, (iii) interest or in order to substitute for any program proffered by Manager broadcast a program deemed by the Licensee to be of greater national, regional or local interest, (iv) to require that time sales by Manager to political candidates comply with law and policy regarding access, charges and equal opportunities, and (v) the right to take any other action which the Licensee deems actions necessary for compliance with federal, state and local laws, including the Commmunications Act and the rules Rules, regulations and policies of the FCC. Station personnel shall report and be accountable solely to FCC (including the Licensee. When they use Licensee's facilities, Manager's personnel shall be under the ultimate direction, control and supervision prohibition against unauthorized transfers of the Licensee's general manager. Manager shall provide Licensee with at least seven (7control) days notice of the intent to run programming and the anticipated date rules, regulations and time polices of such broadcast.
(b) The Licensee will use its best efforts to provide Manager with reasonable prior notice other federal government entities, including the Federal Trade Commission and the U. S. Department of any intention to cancel or preempt any programming proffered by Manager.
(c) Justice. Licensee shall at all times be solely responsible for meeting all of the StationCommission's compliance with the Act as well as FCC rules and policies, Manager shall provide information to the Licensee requirements with respect to Manager's programs to assist public service programming, for ascertaining the Licensee in assessing the extent to which such programming is responsive to the problems, issues, needs and interests of the StationStations' communities of license and their surrounding area, maintaining the political and public inspection files and the Stations' logs, and for the preparation of the Stations' quarterly issues/programs lists. Licensee shall also retain the right to break into Broker's programming in case of an emergency. Broker shall, upon request by Licensee, provide Licensee with information with respect to such of Broker's programs that are responsive to the problems, needs and issues facing the residents of the Stations' service area area, so as to assist Licensee in the preparation of required programming reports and will provide upon request such other information necessary to enable the Licensee to provide information prepare other records and reports required by the FCC and or other governmental entities, including but not limited to (i) a quarterly list of community issues and responsive programming and (ii) a description of programming intended to satisfy the Licensee's obligations under the Children's Television Act of 1990.
(d) Manager shall have no responsibility for Licensee's federallocal, state or local income taxes, regardless of when paid or payable by Licenseefederal government entities.
(e) Manager shall have the authority, subject to Licensee's final approval and in compliance with Licensee policies and all applicable laws, to hire such personnel as Manager shall deem necessary to the operation of the Station.
Appears in 1 contract
Samples: Time Brokerage Agreement (Redwood Broadcasting Inc)
Operation of Station. (a) Notwithstanding anything to the contrary in this Agreement, the Licensee shall retain exclusive have full authority and power over the operation of the Station during the Term. Licensee's General Manager for the Station shall report solely to and be accountable solely to the Licensee, and shall direct the day-to-day operation of the Station. Licensee shall have complete control over the policies, programming and operations of the Station, including, without limitation, the right (i) to decide whether to accept or reject any programming or advertisements proffered by Manager (ii) and the right to cancel or preempt any programming proffered by Manager if the programs in order to broadcast of such program(s) would, in the Licensee's opinion, not be in the public interest, (iii) to substitute for any program proffered by Manager a program programs deemed by the Licensee to be of greater national, regional regional, or local interest, (iv) to require that time sales by Manager to political candidates comply with law and policy regarding access, charges and equal opportunities, and (v) . Licensee shall retain the right to take any other action which the Licensee deems actions necessary for compliance with federalthe laws of the United States of America; the State of New Jersey; the rules, state and local lawsregulations, including the Act and the rules and policies of the FCC. Station personnel shall report and be accountable solely to the Licensee. When they use Licensee's facilities, Manager's personnel shall be under the ultimate direction, control and supervision of the Licensee's general manager. Manager shall provide Licensee with at least seven (7) days notice of the intent to run programming Commission; and the anticipated date rules, regulations and time policies of such broadcast.
(b) The Licensee will use its best efforts to provide Manager with reasonable prior notice other federal governmental authorities, including the Federal Trade Commission and the Department of any intention to cancel or preempt any programming proffered by Manager.
(c) Justice. Licensee shall at all times, be solely responsible for meeting all of the Commission's requirements with respect to emergency broadcast system tests, public service programming, and for maintaining the Station's compliance political and public inspection files and for the preparation of Issues/Programs Lists. Broker shall maintain daily program logs as long as any applicable law should at any time direct and all program logs, or copies, shall be available for inspection or reproduction by Licensee. Licensee shall prepare and place in the public file, the quarterly Issues/Programs Lists. Licensee shall be ultimately responsible for all requests for political time from political candidates, and Broker shall coordinate with the Act as well as FCC Licensee all such sales of political time in accord with Commission rules and policiesregulations. Broker shall, Manager shall upon request by Licensee, provide Licensee with information to the Licensee with respect to Managersuch of Broker's programs to assist the Licensee in assessing the extent to which such programming is are responsive to the public needs and interests to assist Licensee in the preparation of the Station's service area required programming reports, and will provide upon request other information to enable the Licensee to provide information prepare other records, reports and logs required by the FCC and Commission or other governmental entities, including but not limited to (i) a quarterly list of community issues and responsive programming and (ii) a description of programming intended to satisfy the Licensee's obligations under the Children's Television Act of 1990.
(d) Manager shall have no responsibility for Licensee's federallocal, state or local income taxes, regardless of when paid or payable by Licenseefederal governmental agencies.
(e) Manager shall have the authority, subject to Licensee's final approval and in compliance with Licensee policies and all applicable laws, to hire such personnel as Manager shall deem necessary to the operation of the Station.
Appears in 1 contract
Samples: Time Brokerage Agreement (Nassau Broadcasting Corp)