(a) Leased Time. Lessor hereby leases to Lessee the complete transmission capacity on all of the Channels 24 hours a day, seven days a week, every week, as necessary for Lessee's use of the Channels for transmission of Lessee provided video and audio programming, data and other information in connection with Lessee's wireless cable business at reception points selected by Lessee in the Market Area (the "Wireless Cable System") commencing on the day the MMDS Station is constructed and extending for the term of this Agreement and any renewal (s) thereof.

(b) Scope of Use. The transmission capacity may be used by Lessee for any legal purpose as part of its Wireless Cable System, without any restriction on the substance, format or type of information or signal to be transmitted there over except that Lessee shall not transmit video and audio programming, data and other information that it knows or reasonably should know does not comply with FCC rules and policies including, but not limited to, FCC policies concerning indecent or obscene programming.

(c) Obligation to Transmit. Nothing in this Agreement shall be construed to obligate or create a duty on the part of Lessee to actually provide to Lessor for transmission any minimum amount of video and audio programming, data or other information during that air time covered hereby, but the absence of programming shall not relieve Lessee of its obligation to pay Lessor the fees due hereunder.

(d) Preemption. The use of the Channels leased hereunder are subject to preemption by Lessor in accordance with any requirement or order of the FCC or any other local, state or federal regulatory authority with jurisdiction over the operation of the Channels. However, in the event such preemption exceeds 168 consecutive hours on any one of the Channels or a total of 336 hours-in any thirty (30) day period on any or all of the Channels, Lessee may terminate this Agreement without further liability to Lessor.

详文见附件