[Ord. No. 3535 Art. II §1, 9-15-2003]
A.
Grantee
shall provide cable service throughout the entire Franchise area pursuant
to the provisions of this Franchise and shall keep a record of all
service extended by Grantee. This record shall be available for inspection
by the City at the local office of Grantee during regular office hours.
1.
Line extensions. In all areas of the Franchise territory,
Grantee shall be required to extend its system pursuant to the following
requirements:
a.
Grantee
must extend and make CS service available to every dwelling unit in
all non-served, developing areas having at least thirty (30) dwelling
units per cable mile as measured from the existing system and shall
extend its system simultaneously with the installation of utility
lines.
b.
Grantee
must extend and make CS service available to any isolated resident
requesting connection at the standard connection charge, if the connection
to the isolated resident would require no more than two hundred fifty
(250) foot aerial drop line.
2.
Early extension. In areas not meeting the requirement for
mandatory extension of service, Grantee shall provide, upon the written
request of a potential subscriber desiring service, an estimate of
the costs required to extend service to said subscriber. Grantee may
require advance payment or assurance of payment satisfactory to Grantee.
3.
New development underground.
a.
In
cases of new construction or property development where utilities
are to be placed underground, the developer or property owner shall
give Grantee reasonable notice of such construction or development,
and of the particular date on which open trenching will be available
for Grantee's installation of conduit, pedestals and/or vaults, and
laterals to be provided at Grantee's expense. Grantee shall also provide
specifications as needed for trenching.
b.
Costs
of trenching and easements required to bring service to the development
shall be borne by the developer or property owner; except that if
Grantee fails to install its conduit, pedestals and/or vaults and
laterals within five (5) working days of the date the trenches are
available, as designated in the notice given by the developer or property
owner, then should the trenches be closed after the five (5) day period,
the cost of new trenching is to be borne by Grantee. Except for the
notice of the particular date on which trenching will be available
to Grantee, any notice provided to Grantee by City of a preliminary
plat request shall satisfy the requirement of reasonable notice if
sent to the local general manager or system engineer of Grantee prior
to approval of the preliminary plat request.
4.
New development in private easements. All new development
to be served by Grantee shall be in private utility easements in new
subdivisions. Grantee shall work in coordination with the City and
private utility companies to earmark, coordinate and share new utility
easements for water, wastewater, electric power, natural gas, cable
TV and other new utility development. Whenever possible, Grantee shall
consider sharing underground trenches with electric power and telephone.
5.
Developer agreements for new development. The City will
assist Grantee in coordination with local developers, however it is
the sole responsibility of Grantee to negotiate and make arrangements
with each developer for provision of required underground facilities
as new development occurs.
B.
Special Agreements. Nothing herein shall be construed to
prevent Grantee from serving areas not covered under this Section
upon agreement with developers, property owners or residents.
[Ord. No. 3535 Art. II §2, 9-15-2003]
A.
Construction Standard.
1.
Compliance with safety codes. All construction practices
shall be in accordance with all applicable Sections of the Occupational
Safety and Health Act of 1970 and any amendments thereto as well as
all State and local codes where applicable.
2.
Compliance with electrical codes. All installation of electronic
equipment shall be of a permanent nature, durable and installed in
accordance with the provisions of the National Electric Safety Code
as amended.
3.
Antennas and towers. Antenna supporting structures (towers)
shall be designed for the proper loading zone as specified in Electronics
Industry Association's R.S.-22A Specifications.
4.
Compliance with aviation requirements. Antenna supporting
structures (towers) shall be painted, lighted, erected and maintained
in accordance with all applicable rules and regulations of the Federal
Aviation Administration and all other applicable State or local codes
and regulations.
5.
Construction standards and requirements. All of Grantee's
plant and equipment, including, but not limited to, the antenna site,
head-end and distribution system, towers, house connections, structures,
poles, wire, cable, coaxial cable, fixtures and appurtenances, shall
be installed, located, erected, constructed, reconstructed, replaced,
removed, repaired, maintained and operated in accordance with good
engineering practices, performed by experienced maintenance and construction
personnel so as not to endanger or interfere with improvements the
municipality may deem proper to make, or to interfere in any manner
with the rights of any property owner, or to unnecessarily hinder
or obstruct pedestrian or vehicular traffic on municipal properties.
6.
Safety, nuisance, requirements. Grantee shall at all times
employ ordinary care and shall install and maintain in use commonly
accepted methods and devices preventing failures and accidents which
are likely to cause damage.
B.
Network Technical Requirements. The Cable System shall be
operated so as to meet the following general objectives:
1.
Capable
of continuous twenty-four (24) hour daily operation;
2.
Capable
of operating over an outdoor temperature range of twenty degrees below
zero Fahrenheit (-20°F) to one hundred twenty degrees above zero
Fahrenheit (+120°F) and meeting all specifications as set forth
herein over said temperature range without catastrophic failure or
irreversible performance changes over variations in supply voltages
from one hundred five (105) to one hundred thirty (130) volts AC;
3.
Operated
in such a manner as to avoid causing interference with reception of
off-the-air signals by non-subscribers to the network;
4.
Designed,
installed and operated so as to assure the delivery to all subscribers
of standard color and monochrome signals on the FCC-designed Class
I channels without noticeable picture degradation or visible evidence
of color distortion or other forms of interference directly attributable
to the performance of the Cable System.
C.
Performance Monitoring.
1.
Test
procedures used in verification of the performance criteria set forth
herein, if not as set forth in Paragraph 76.609, Subpart K of the
FCC Rules and Regulations, shall be in accordance with good engineering
practice and shall be fully described in an attachment to the annual
certificate filed upon request with the City.
2.
To the
extent that the report of measurements as required above may be combined
with any reports of measurements required by the FCC or other regulatory
agencies, the City shall accept such combined reports, provided that
all standards and measurements herein or hereafter established by
the City are satisfied.
3.
At any
time after commencement of service to subscribers, the City may require
additional tests, full or partial repeat tests, different test procedures,
or test involving a specific subscriber's terminal. Requests for such
additional tests will be made on the basis of complaints received
or other evidence indicating an unresolved controversy or significant
non-compliance, and such tests will be limited to the particular matter
in controversy. The City will endeavor to so arrange its requests
for such special tests so as to minimize hardship or inconvenience
to Grantee or to the subscriber.
D.
Street Occupancy.
1.
Grantee
shall utilize existing poles, conduits and other facilities whenever
possible and shall not construct or install any new, different or
additional poles, conduits or other facilities whether on public property
or on privately-owned property until the written approval of the City
is obtained, which approval shall not be unreasonably withheld. However,
no location of any pole or wire holding structure of Grantee shall
be a vested interest and such poles or structures shall be removed
or modified by Grantee at its own expense whenever the City reasonably
determines that the public convenience would be enhanced thereby.
2.
The
facilities of Grantee shall be installed underground in those areas
of the City where existing telephone and electric services are both
underground at the time of system construction. In areas where either
telephone or electric utility facilities are installed aerial at the
time of system construction, Grantee may install its facilities aerial
with the understanding that at such time as the existing aerial facilities
are required to be placed underground by the City, Grantee shall likewise
place its facilities underground.
3.
A Grantee
shall notify the City at least ten (10) days prior to the intention
of Grantee to commence any construction in any streets. The City shall
cooperate with Grantee in granting any permits required, providing
such grant and subsequent construction by Grantee shall not unduly
interfere with the use of such streets and that proposed construction
shall be done in accordance with the pertinent provisions of the ordinances
of the City.
4.
All
transmission lines, equipment and structures shall be so installed
and located as to cause minimum interference with the rights and reasonable
convenience of property owners and at all times shall be kept and
maintained in a safe, adequate and substantial condition and in good
order and repair. Grantee shall at all times employ ordinary care
and shall install and maintain in use commonly accepted methods and
devices for preventing failures and accidents which are likely to
cause damage, injuries or nuisances to the public. Suitable barricades,
flags, lights, flares or other devices shall be used at such times
and places as are reasonably required for the safety of all members
of the public. Any poles or other fixtures placed in any public way
shall be placed in such a manner as not to interfere with the usual
travel on such public way.
5.
Grantee
shall, at its own expense and in a manner approved by the City, restore
to City standards and specifications any damage or disturbance caused
to the public way as a result of its operations or construction on
its behalf.
6.
Whenever,
in case of fire or other disaster, it becomes necessary in the judgment
of the Chief of the Fire Department or Chief of the Police Department
to remove any of Grantee's facilities, no charge shall be made by
Grantee against the City for restoration and repair, unless such acts
amount to gross negligence by the City.
7.
Grantee
or its designee shall have the authority to trim trees on public property
at its own expense as may be necessary to protect its wires and facilities,
subject to the supervision and direction of the City. Trimming of
trees on private property shall require written consent of the property
owner.
8.
Grantee
at its expense shall protect, support and temporarily disconnect,
relocate or remove any property of Grantee when, in the opinion of
the City, the same is required by reason of traffic conditions, public
safety, street vacation, freeway or street construction, change or
establishment of street grade, installation of sewers, drains, water
pipes, power line, signal line, transportation facilities, tracks,
or any other types of structure or improvements by governmental agencies
whether acting in a governmental or a proprietary capacity, or any
other structure or public improvement, including, but not limited
to, movement of buildings, urban renewal and redevelopment, and any
general program under which the City shall undertake to cause all
such properties to be located beneath the surface of the ground. Grantee
shall in all cases have the privilege, subject to the corresponding
obligations, to abandon any property of Grantee in place. Nothing
hereunder shall be deemed a taking of the property of Grantee and
Grantee shall be entitled to no surcharge by reason of anything hereunder.
9.
Upon
failure of Grantee to commence, pursue or complete any work required
by law or by the provisions of this Chapter to be done in any street
within the time prescribed and to the reasonable satisfaction of the
City, the City may, at its option, cause such work to be done and
Grantee shall pay to the City the cost thereof in the itemized amounts
reported by the City to Grantee within thirty (30) days after receipt
of such itemized report.
10.
Grantee
shall make no paving cuts or curb cuts unless absolutely necessary,
but only after written permission has been given by the City. Grantee
will comply with all City regulations for both perpendicular and parallel
road and street cuts, including application for road cut permits.
11.
Grantee
shall install in conduit all cable passing under any major roadway.
12.
The
City will assist Grantee in coordination with local property owners,
however it is the sole responsibility of Grantee to negotiate and
make arrangements with each property owner for easements and right
of entry on privately owned real property.
13.
In
the event that Grantee wishes to relocate any existing poles, the
City and Grantee will work in coordination to identify and locate
new pole locations with a priority for traffic safety and improvement
of traffic flows. If at all possible, all pole relocations by Grantee
shall be to remove these from the City street right-of-way to improve
traffic safety thereby allowing the City to improve City streets with
wider pavement surfaces. In order to relocate an existing pole to
City street right-of-way, Grantee must receive written permission
from the City prior to the pole relocation.
14.
The
City and Grantee will coordinate to locate, identify and map all of
Grantee's facilities within the City limits. Grantee will provide
maps of:
a.
All
overhead power lines;
b.
All
buried cable;
c.
All
fiber optic cables;
d.
All
other facility locations; and
e.
As
Grantee and the City serve new development, new facilities will be
mapped and added to the maps. These maps will form the basis for the
location of facilities and lines which are the basis for the grant
of franchise to Grantee.
15.
The
City and Grantee will coordinate on new street construction and reconstruction
projects to remove any poles or other facilities from the right-of-way
area deemed necessary for the construction and to improve traffic
safety. Grantee shall move its poles at Grantee's expense.
[Ord. No. 3535 Art. II §3, 9-15-2003]
A.
Office And Phone. Grantee shall maintain at least one (1)
convenient payment facility in Jefferson County, Missouri, which shall
be available to the public during all normal business hours. Grantee,
in addition to other in-home services provided to subscribers, shall
also provide converter and modem delivery and pickup services. Grantee
shall have a locally listed telephone number (local call for subscribers
in the City) and be so operated that complaints and requests for service,
repairs or billing inquiries may be received at any time through the
routing of calls to a call center. Grantee shall inform City Officials
and residents of the location and availability of the office(s).
B.
Notification Of Service Procedures. Grantee shall furnish
each subscriber, at the time service is installed, written instructions
that clearly set forth procedures and furnish information concerning
the procedures for making inquiries or complaints, including Grantee's
name, address and local telephone number. Grantee shall give the City
thirty (30) days' prior notice of any rate increases, channel lineup
or other substantive service changes.
C.
Rate Revision. To the extent that Federal or State law or
regulation may now, or as the same may hereafter be amended to, authorize
the City to regulate the rates for any particular service tiers, service
packages, equipment, or any other services provided by Grantee, the
City shall have the right to exercise rate regulation to the full
extent authorized by law, or to refrain from exercising such regulation
for any period of time, at the sole discretion of the City. If and
when exercising rate regulation, the City shall abide by the terms
and conditions set forth by the FCC.
[Ord. No. 3535 Art. II §4, 9-15-2003]
A.
It shall
be the right of all subscribers to continue receiving service insofar
as their financial and other obligations to Grantee are honored. In
the event that Grantee elects to overbuild, rebuild, modify or sell
the system, or the City gives notice of intent to terminate or fails
to renew this Franchise, Grantee shall act so as to ensure that all
subscribers receive continuous, uninterrupted service unless circumstances
are beyond the control of Grantee, unforeseen circumstances or acts
of God.
B.
In the
event of a change of Grantee, or in the event a new operator acquires
the system, Grantee shall cooperate with the City, new Grantee or
operator in maintaining continuity of service to all subscribers.
During such period, Grantee shall be entitled to the revenues for
any period during which it operates the system.
C.
In the
event Grantee fails to operate the system for seven (7) consecutive
days without prior approval of the City or without just cause, the
City may, at its option, operate the system or designate an operator
until such time as Grantee restores service under conditions acceptable
to the City or a permanent operator is selected. If the City is required
to fulfill this obligation for Grantee, Grantee shall reimburse the
City for all reasonable costs or damages in excess of revenues from
the system received by the City that are the result of Grantee's failure
to perform.
[Ord. No. 3535 Art. II §5, 9-15-2003]
Grantee shall have the authority to promulgate such rules, regulations,
terms and conditions governing the conduct of its business as shall
be reasonably necessary to enable Grantee to exercise its rights and
perform its obligations under this Franchise and to assure an uninterrupted
service to each and all of its customers. Provided however, that such
rules, regulations, terms and conditions shall not be in conflict
with the provisions hereof or applicable State and Federal laws, rules
and regulations.
[Ord. No. 3535 Art. II §6, 9-15-2003]
A.
Grantee
shall pay to the City for the use of the streets and other facilities
of the City in the operation of the Cable System and for the supervision
thereof during the life of the franchise and during any period after
expiration, forfeiture or revocation of the franchise in which grantee
is operating a Cable System or collecting revenues in respect to such
operation, whether lawfully or not, a sum equal to three percent (3%)
of the annual gross revenue. For the purposes of this Section, the
twelve (12) month period applicable under the Franchise for the computation
of franchise fee payments shall be due and payable to the City not
later than March first (1st) for the prior calendar year. Each payment
shall be accompanied by a brief report from Grantee showing the basis
of computation. Such payment shall be in addition to any other payment,
charge, permit fee or bond owed to the City by Grantee and shall not
be construed as payment in lieu of personal or real property taxes
levied by State, City or local authorities.
B.
Upon
expiration, termination, forfeiture or revocation of this franchise,
Grantee shall immediately submit to the City and Council a final audited
financial statement disclosing the gross revenue of Grantee since
the last period with respect to which the franchise fee was paid,
and Grantee shall thereupon pay the City and Council the required
percentage of gross revenue.
[Ord. No. 3535 Art. II §7, 9-15-2003]
A.
Method Of Computation. Sales taxes or any other taxes or fees including copyright fees which are collected from subscribers by Grantee to be remitted by Grantee to a governmental agency shall be deducted from the gross revenue prior to the computation of the annual Franchise fee. The fee due the City under the provisions of Section 630.280 above shall be computed and paid annually, based on a calendar year, not later than March first (1st) for the prior calendar year. The payment period shall commence as of the effective date of the Franchise. In the event of a dispute, the City, if it so requests, shall be furnished a statement of said payment by a Certified Public Accountant reflecting the gross receipts and the above charges, deductions and computations for the period covered by the payment.
B.
Acceptance By City. No acceptance of any payment by the
City shall be construed as a release or as an accord and satisfaction
of any claim the City may have for further or additional sums payable
as a Franchise fee under this Chapter or for the performance of any
other obligation of Grantee.
C.
Failure To Make Required Payment. In the event that any
Franchise payment or recomputed payment is not made on or before the
dates specified herein, Grantee shall pay as additional compensation:
[Ord. No. 3535 Art. II §8, 9-15-2003]
A.
The Franchise
granted hereunder shall be a privilege to be held for the benefit
of the public. Said Franchise cannot in any event be sold, transferred,
leased, assigned or disposed of, including, but not limited to, by
forced or voluntary sale, merger, consolidation, receivership or other
means, without the prior written consent of the City. Such consent
as required by the City shall, however, not be unreasonably withheld
or delayed. City herewith acknowledges its ongoing consent of Grantee
continuing with its current license arrangement with Charter Communications.
B.
Grantee
shall promptly notify the City in writing of any actual or proposed
change in, or transfer of, or acquisition by any other party of control
of Grantee. The word "control", as used herein, is
not limited to major stockholders but includes actual working control
in whatever manner exercised. A rebuttal presumption that a transfer
of control has occurred shall arise upon the acquisition by any person
or group of persons acting in concert of ten percent (10%) or larger
ownership interest. Every change, transfer or acquisition of control
of Grantee shall make the Franchise subject to cancellation unless
and until the City shall have consented thereto, which consent will
not be unreasonably withheld. For the purpose of determining whether
it shall consent to such change, transfer or acquisition of control,
the City may inquire into the qualification of the prospective controlling
party, and Grantee shall assist the City in any such inquiry.
C.
By its
acceptance of this Franchise, Grantee specifically grants and agrees
that any such sale, assignment or transfer occurring without prior
approval of the City Council shall constitute a violation of this
Franchise by Grantee.
[Ord. No. 3535 Art. II §9, 9-15-2003]
A.
Reports Required. Grantee shall file with the City:
1.
Grantee's
schedule of charges, contract or application forms for regular subscriber
service, policy regarding the processing of subscriber complaints,
delinquent subscriber disconnect and reconnect procedures, and any
other terms and conditions adopted as Grantee's policy in connection
with its subscribers shall be filed with the City upon request.
2.
All
petitions, applications and communications of all types submitted
by Grantee to the Federal Communications Commission, Securities and
Exchange Commission, or any other Federal or State regulatory commission
or agency having jurisdiction over any matter affecting operation
of Grantee's system shall be submitted to the City upon request.
3.
All
rules, regulations, terms and conditions which Grantee has adopted
for the conduct of its business shall be submitted to the City upon
request.
B.
Records Required. Grantee shall at all times maintain:
1.
A record
of all complaints received and interruptions or degradation of service
experienced shall be maintained for one (1) year.
2.
A full
and complete set of plans, records and "as-built" maps showing the
exact location of all CS equipment installed or in use in the City,
exclusive of subscriber service drops.
C.
Filing. When not otherwise prescribed herein, all matters
required to be filed with the City shall be filed with the City Clerk.
D.
Other Records. The City may impose reasonable requests for
additional information, records and documents from time to time. Inspection
of property and records at all reasonable times, Grantee shall permit
examination by any duly authorized representative of the City of all
Franchise property, together with any appurtenant property of Grantee
situated within or without the City. Grantee shall also permit any
duly authorized representative of the City to examine and transcribe
any and all maps and other records kept or maintained by Grantee or
under its control concerning the operations or property of Grantee.
[Ord. No. 3535 Art. II §10, 9-15-2003]
At the expiration of the term for which this Franchise is granted
or upon its termination as provided herein, Grantee shall forthwith,
upon notice by City, remove at its own expense the CS from all streets
and public property within the City.
[Ord. No. 3535 Art. II §11, 9-15-2003]
Grantee agrees that the equipment used in fulfillment of its
franchise obligation shall be maintained at the highest standards
consistent with changes in the state of the art and Grantee shall
regularly advise the City of its equipment changes and modifications
to upgrade the system.
[Ord. No. 3535 Art. II §12, 9-15-2003]
A.
System And Upgrade Standards. Grantee shall fully complete
and have activated and in operation to all areas of the City an upgrade
of the Cable System by December 31, 2004, and shall continually retain,
if not increase, such capacity throughout the term of this Franchise.
The upgraded Cable System shall be activated for not less than
eighty (80) analog channels and shall meet the following requirements:
1.
The
System shall have a rating of at least eight hundred sixty (860) MHz
on all active components and provide for at least eighty (80) analog
channels downstream to all Subscribers.
2.
The
System shall at a minimum utilize a fiber-optic backbone trunk configuration
and an active two-way, status-monitored hybrid fiber/coaxial (HFC)
network. A single fiber node will serve no greater than one thousand
two hundred (1,200) households. The System shall include a fiber management
distribution system with fiber transmission panels, fiber distribution
frames and fiber terminating connection modules. It shall be sized
to accommodate migration to smaller node sizes of five hundred (500)
to one thousand (1,000) homes passed and the dedication of a laser
per node.
3.
There
shall be no more than twelve (12) active components in a cascade measured
from the headend to any Subscriber.
4.
The
System shall be capable of continuous twenty-four (24) hour daily
operation without severe material degradation of signal except during
extremely inclement weather or immediately following extraordinary
storms that adversely affect utility services or damage major system
components.
5.
The
System shall be capable of operating over an outdoor temperature range
of twenty degrees below zero Fahrenheit (-20°F) to one hundred
twenty degrees above zero Fahrenheit (+120°F) and over variation
in supply voltages from one hundred five (105) to one hundred thirty
(130) volts AC without catastrophic failure or irreversible performance
changes.
6.
The
System shall meet all specifications as set forth herein over an outdoor
temperature range of zero degrees Fahrenheit (0°F) to one hundred
degrees Fahrenheit (100°F) and over variation in supply voltages
from one hundred five (105) to one hundred thirty (130) volts AC.
7.
The
System shall be operated in such a manner as to avoid causing interference
with the reception of off-the-air signals by a Subscriber.
8.
The
upstream capacity of the System shall be such that there is only normal
signal deterioration in the signal quality from the point of origin
through the headend and Public, Educational and Governmental production
facilities; and so that there is no more deterioration in the signal
quality on Public, Educational and Governmental channels that on any
other channel.
9.
The
System shall use equipment generally used in high-quality, reliable,
modem systems of similar design, including, but not limited to, back-up
power supplies capable of providing power for two (2) hours in the
event of an electrical outage, plus adequate portable generators to
cover longer outages. The obligation to provide back-up power supplies
requires Grantee to provide back-up power supplies at each fiber optic
node and the headend. The obligation to provide back-up power supplies
requires Grantee to install equipment that will:
a.
Cut
in automatically on failure of commercial utility AC power,
b.
Revert
automatically to commercial power when it is restored, and
c.
Prevent
the standby power source from powering a "dead" utility line. In addition,
the design and construction of the System shall include modulators,
antennae, amplifiers and other electronics that permit and are capable
of passing through the signals received at the headend without substantial
alteration or deterioration.
10.
The
headend shall be capable of providing and be activated for at least
eighty (80) analog channels in full configuration and shall develop
signals of high quality throughout the Franchise Area (including on
channels retransmitting upstream signals received through the headend),
and the headend shall have adequate ventilation and space to be able
to meet or exceed applicable design and technical requirements. Eventually,
the headend may be interconnected with digital hub sites by means
of a high-speed transport network on a redundant basis.
11.
The
System shall allow all unscrambled channels on all Service Tiers to
be received by cable-ready television sets without the aid of a converter
and shall minimize, to the maximum extent feasible, interference with
consumer electronic equipment.
12.
The
capability must exist for Subscribers to be able to block out audio
and video at least on all premium and pay-per-view channels and video
on all channels.
13.
All
closed-caption programming retransmitted by the System shall include
the closed-caption signal.
14.
All
System connectors shall have external waterproofing, all System expansion
loops shall be properly formed, all components including drops shall
be properly grounded, and adequate spacing shall be maintained from
power conductors.
B.
Basic Tier. Grantee agrees that the number of channels available
through basic service shall not be less than twenty (20) channels.
In the event that Grantee should ever propose to reduce the number
of channels available through basic service below twenty (20), Grantee
shall provide at least forty-five (45) days' written notice to the
City and shall meet and confer with the City in an expeditious manner
before the planned changes are executed to hear any objections or
concerns that the City may have.
C.
Additional Internet Equipment And Services. During upgrade
of the Cable System within the City, Grantee will install, at no cost
to the City or institutions, Internet access (functioning with high-speed
cable modem technology) at one (1) City building of City's choosing
and at each consenting public library and public, private and parochial
elementary and secondary school within the City. Upon substantial
completion of the upgrade within the City, Grantee will provide such
City building and each consenting public library, public and private
elementary and secondary school with one (1) activated Internet access
account, including the necessary modem, with Grantee's affiliated
Internet service at no charge. Grantee will provide initial training
in conjunction with such additional equipment services at no charge.
D.
Additional Cable Services And Equipment. Upon substantial
completion of the upgrade within the City, at no cost or charge to
the City or the School involved, Grantee shall provide activated Cable
Services and install one (1) service outlet to each building within
the service area used for public libraries, City operations, or K-12
schools.
1.
In order
for such facilities to access governmental or educational programming,
Grantee shall provide free of charge to all outlets in those facilities:
2.
Grantee
shall install the initial outlet at no charge in the building location
specified.
Grantee shall install additional outlets to such facilities
upon request and shall charge only its time and materials costs for
installation of such additional outlets. Any outlets and wiring installed
by the facility itself rather than Grantee must also meet FCC technical
standards. Any outlets and wires also used for internal facility transmission
of non-cable services may not cause disruption to the Cable System
and must be used only for lawful purposes. Grantee may decline service
to outlets not meeting these standards.
3.
Grantee
shall deliver all cable signals to each outlet at a signal strength
sufficient to meet FCC technical standards, and provide or reinstall
wiring adequate to deliver such signal strength at locations which
have more than one (1) outlet, and adequate drop or feeder cable to
allow for installation and service at additional outlets. Grantee
shall work with the City during pre-construction periods to determine
which sites need upgraded drops and develop a timeframe for deployment
of the upgraded drops. Requisite signal strength for multiple-outlet
facilities shall generally be 15dBmV or better measured at the demarcation
point of the facility.
E.
Fiber Optic Insertion Point. During the upgrade of the Cable
System within the City, Grantee will install, at no cost to the City,
a fiber optic insertion point to a location designated by the City.
[Ord. No. 3535 Art. II §13, 9-15-2003]
Grantee shall cooperate on a reasonable basis with any interconnection
corporation, regional interconnection authority or City, State and
Federal regulatory agency which may be hereafter established for the
purpose of regulating, financing or otherwise providing for the interconnection
of cable systems beyond the boundaries of the City. Cable System shall
remain interconnected with other systems operated in surrounding areas
of Jefferson County, at least to the extent such interconnection was
in place on the last day of the prior Franchise and to the extent
other cable operators agree to continue interconnection on such terms
as were in place on the last day of the prior Franchise.
[Ord. No. 3535 Art. II §14, 9-15-2003]
A.
Grantee
shall continue to provide two (2) channels for educational access
use. One (1) channel shall be designated as the local school district
channel and one (1) channel shall be designated for higher education
programming under the control of Jefferson College in the same manner
as existed under the prior Franchise.
B.
Should
the designated access channels be relocated, Grantee shall provide
reimbursement to the proper entity which has oversight of the channel
for the administrative and remarketing of the new channel designation.
Such reasonable costs shall not exceed the total of twenty-five cents
($0.25) per Subscriber in the Cable System.
C.
Grantee
shall maintain, without charge, one (1) outlet to each school located
in the area served by the system and will provide free basic service
for so long as the system remains in operation in the area. Any such
school may install, at its expense, such additional outlets for classroom
purposes as it desires, provided that such installation shall not
interfere with the operation of Grantee's system, and that the quality
and manner of installation of such additional connections shall have
been approved by Grantee and shall comply with all City, State and
Federal laws and regulations.
