Common use of Petition Clause in Contracts

Petition. The Company shall promptly notify (in advance when possible) the Commissioner of any action requiring the consent of the City pursuant to Sections 9.1 or 9.2 hereof or to which this Section 9.3 applies by submitting to DoITT (pursuant to the notice provisions set forth in Section 12.4 hereof) a petition requesting the submission by the Commissioner of such petition to the FCRC and approval thereof by the FCRC or requesting a determination that no such submission and approval is required and its argument why such submission and approval is not required. Each petition shall fully describe the proposed action and shall be accompanied by a justification for the action and, if applicable, the Company's argument as to why such action would not involve a change in Control of the Company, the Facilities or the franchise, and such additional supporting information as the Commissioner and/or the FCRC may reasonably require in order to review and evaluate the proposed action. The Commissioner shall expeditiously review the petition and shall (a) notify the Company in writing if the Commissioner determines that the submission by the Commissioner and the approval of the FCRC is not required or (b) if the Commissioner determines that such submission and approval is required, either (i) notify the Company that the Commissioner does not approve the proposed action and therefore will not submit the petition to the FCRC, or (ii) submit the petition to the FCRC for its approval.

Appears in 5 contracts

Samples: Franchise Agreement, Franchise Agreement, Franchise Agreement

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Petition. The Company shall promptly notify (in advance when possible) the Commissioner of any proposed action requiring the consent of the City pursuant to Sections 9.1 or 9.2 hereof or to which this Section 9.3 applies by submitting to DoITT (pursuant the Commissioner, with a copy to the notice provisions set forth in Section 12.4 hereof) Corporation Counsel, a petition requesting the submission by the Commissioner of such petition to the FCRC and approval thereof by the FCRC or requesting a determination that no such submission and approval is required and its argument why such submission and approval is not required. Each petition shall fully describe the proposed action and shall be accompanied by a justification for the action and, if applicable, the Company's argument as to why such action would not involve a change in Control of the Company, the Facilities System or the franchise, and such additional supporting information as the Commissioner and/or the FCRC may reasonably require in order to review and evaluate the proposed action. The Commissioner shall expeditiously review the petition and shall shall (a) notify the Company in writing if the Commissioner determines that the submission by the Commissioner and the approval of the FCRC is not required or (b) if the Commissioner determines that such submission and approval is required, either (i) notify the Company that the Commissioner does not approve the proposed action and therefore will not submit the petition to the FCRC, or (ii) submit the petition to the FCRC for its approval.

Appears in 1 contract

Samples: Franchise Agreement (National Fiber Network Inc)

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Petition. The Company shall promptly notify (in advance when possible) the Commissioner of any proposed action requiring the consent of the City pursuant to Sections 9.1 or 9.2 hereof or to which this Section 9.3 applies by submitting to DoITT (pursuant to the notice provisions set forth in Section 12.4 hereof) Commissioner, with a copy of the Corporation Counsel, a petition requesting the submission by the Commissioner of such petition to the FCRC and approval thereof by the FCRC or requesting a determination that no such submission and approval is required and its argument why such submission and approval is not required. Each petition shall fully describe the proposed action and shall be accompanied by a justification for the action and, if applicable, the Company's argument as to why such action would not involve a change in Control of the Company, the Facilities System or the franchise, and such additional supporting information as the Commissioner and/or the FCRC may reasonably require in order to review and evaluate the proposed action. The Commissioner shall expeditiously review the petition and shall shall (a) notify the Company in writing if the Commissioner determines that the submission by the Commissioner and the approval of the FCRC is not required or (b) if the Commissioner determines that such submission and approval is required, either (i) notify the Company that the Commissioner does not approve the proposed action and therefore will not submit the petition to the FCRC, or (ii) submit the petition to the FCRC for its approval.

Appears in 1 contract

Samples: Franchise Agreement (Metromedia Fiber Network Inc)

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