to above will have no adverse effect on any Form 1210 BST rate adjustment
request which may be pending before an LFA as of the Publication Date or
thereafter. Nothing herein shall authorize review of the reasonableness of any
BST rate adjustments in communities where the LFA has not elected to certify in
accordance with Section 76.910 of the Commission's rules.
3. ADDITIONS TO BASIC SERVICE TIER.
TWC shall not add any additional channels to any BST for the term of
this Contract, except where required by applicable law, regulation or contract
lawfully entered into pursuant to such law or regulation, or to provide
additional local origination channels or other non-satellite delivered channels.
In the event that the FCC's must-carry rules are repealed or rendered invalid or
inapplicable to TWC by a court of competent jurisdiction, TWC will have the
right to substitute any programming service not then carried by such system for
up to an average (weighted by BST subscribers) of three local television
broadcast stations deleted from carriage per system covered by this Contract,
but no more than five such substitutions on any given system, even if more than
five television broadcast stations are deleted. Such substitutions shall have
no impact on BST rates other than due to the net change in programming costs.
In the absence of must-carry requirements, however, any local television
broadcast stations which TWC continues to carry will be carried on the BST. Any
such changes to BST will be made only upon provision of thirty days advance
notice to the Commission and to affected LFAs and subscribers. Upon receipt of
any necessary LFA approval, TWC will be permitted to implement appropriate BST
rate adjustments to reflect any such added or substituted channels. Such
adjustments (other than adjustments to BST