HomeMy WebLinkAbout2002-011 Council Ordinances (2)ORDINANCE NO. 11-02
CITY OF Lino Lakes MINNESOTA
CABLE TELEVISION FRANCHISE ORDINANCE
Date: October 28 , 2002
Prepared by:
Thomas D. Creighton
Stephen J. Guzzetta
Creighton, Bradley & Guzzetta, LLC
5402 Parkdale Drive, Suite 102
Minneapolis, Minnesota 55416
Telephone: (952) 543-1400
Facsimile: (952) 543-8866
creighton@ creightonbradley.com
guzzetta@ creightonbradley.com
TABLE OF CONTENTS
STATEMENT OF INTENT AND PURPOSE 1
FINDINGS 1
SECTION 1. SHORT TITLE AND DEFINITIONS 2
1.1 Short Title. 2
1.2 Definitions. 2
SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 7
2.1 Grant of Franchise 7
2.2 Grant of Nonexclusive Authority. 7
2.3 Lease or Assignment Prohibited. 8
2.4 Franchise Term. 9
2.5 Previous Franchises. 9
2.6 Compliance with Applicable Laws, Resolutions and Ordinances. 9
2.7 Rules of Grantee. 10
2.8 Territorial Area Involved. 10
2.9 Written Notice 11
2.10 Effective Date. 11
2.11 Grantee Not a Common Carrier. 12
SECTION 3. CONSTRUCTION STANDARDS 12
3.1 Registration, Permits and Construction Codes. 12
3.2 Restoration of Rights -of -Way and Property. 12
3.3 Conditions on Right -of -Way Use 17
3.4 Use of Existing Poles and Undergrounding of Cable. 18
3.5 Installation of Facilities 19
3.6 Safety Requirements. 19
3.7 City Use of Facilities. 20
3.8 Removal of Facilities at Expiration of Franchise. 20
SECTION 4. DESIGN PROVISIONS 20
4.1 System Facilities and Equipment. 20
4.2 System Construction Timetable. 25
4.3 Periodic Progress Reporting 27
4.4 Line Extension Requirements. 28
4.5 System Maintenance. 29
4.6 System Tests and Inspections; Special Testing. 30
4.7 Drop Testing and Replacement. 31
4.8 FCC Reports. 31
4.9 Lockout Capability 31
4.10 Types of Service. 31
4.11 Uses of System 31
4.12 Additional Capacity. 31
SECTION 5. SERVICE PROVISIONS 31
5.1 Customer Service Standards. 31
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5.2 Video Programming 32
5.3 Regulation of Service Rates. 32
5.4. Sales Procedures. 32
5.5 Subscriber Inquiry and Complaint Procedures. 32
5.6 Subscriber Contracts. 34
5.7 Service Credit. 34
5.8 Refunds or Credits. 34
5.9 Late Fees. 34
5.10 Notice to Subscribers. 34
5.11. Exclusive Contracts and Anticompetitive Acts Prohibited 35
5.12. Office Availability and Drop Boxes 35
SECTION 6. ACCESS CHANNEL(S) PROVISIONS 36
6.1. Public, Educational and Government Access 36
6.2. PEG Support Obligations. 38
6.3 Regional Channel 6. 40
6.4 Leased Access Channels. 40
6.5 PEG Obligations. 40
6.6 Costs and Payments not Franchise Fees 41
SECTION 7. INSTITUTIONAL NETWORK (I -NET) PROVISIONS AND RELATED
COMMITMENTS 41
7.1. Institutional Network Facilities and Capacity. 41
7.2 Dark Fiber Optic Infrastructure Requirements. 44
7.3 Grantee's Use of I -Net and DFOI Capacity. 45
7.4 I -Net and DFOI Performance Standards. 46
7.5 Institutional Network and DFOI Security. 46
7.6 Interconnection of Institutional Networks 47
7.7 Subscriber Network Drops to Designated Buildings 48
SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 49
8.1. Administration of Franchise 49
8.2. Delegated Authority. 49
8.3. Franchise Fee. 49
8.4 Access to Records. 50
8.5. Reports and Maps to be Filed with City 51
8.6. Periodic Evaluation. 51
SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 52
9.1. Performance Bond. 52
9.2. Letter of Credit 53
9.3. Indemnification of City. 55
9.4. Insurance 56
SECTION 10. SALE, ABANDONMENT, TRANSFER AND 57
REVOCATION OF FRANCHISE 57
10.1. City's Right to Revoke 57
10.2. Procedures for Revocation. 57
10.3 Continuity of Service. 58
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10.4 Removal After Abandonment, Termination or Forfeiture.
10.5. Sale or Transfer of Franchise.
SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS
11.1 Discriminatory Practices Prohibited
11.2. Subscriber Privacy.
SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
12.1. Unauthorized Connections or Modifications Prohibited.
12.2. Removal or Destruction Prohibited
12.3. Penalty.
SECTION 13. MISCELLANEOUS PROVISIONS
13.1. Franchise Renewal.
13.2. Work Performed by Others.
13.3. Amendment of Franchise Ordinance
13.4. Compliance with Federal, State and Local Laws.
13.5 Nonenforcement by City.
13.6 Rights Cumulative.
13.7 Grantee Acknowledgment of Validity of Franchise
13.8 Force Majeure.
13.9 Governing Law
13.10. Captions and References
13.11. Rights of Third Parties.
13.12. Merger of Documents.
SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
14.1 Publication.
14.2 Acceptance.
14.3 Binding Acceptance.
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
I -Net and Dark Fiber Optic Infrastructure Sites
I -Net and DFOI Performance Standards
Subscriber Network Drops to Designated Buildings
Memorandum of Understanding
North Metro Franchise Area Map
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ORDINANCE NO.
AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL
COMMUNICATIONS CORP., D/B/A AT&T BROADBAND, TO CONSTRUCT, OPERATE
AND MAINTAIN A CABLE SYSTEM IN THE CITY OF LINO LAKES, MINNESOTA, FOR
THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION
AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS -OF -WAY IN CONJUNCTION
WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY; AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN.
The City Council of the City of Lino Lakes, Minnesota ordains:
STATEMENT OF INTENT AND PURPOSE
The City intends, by the adoption of this Franchise, to bring about the further development of a
Cable System and the continued operation of it. Such development can contribute significantly to
the communication needs and interests of the residents and citizens of the City and the public
generally. Further, the City may achieve better utilization and improvement of public services and
enhanced economic growth with the development and operation of a Cable System.
Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and
its residents.
FINDINGS
In the review of the request and proposal for renewal by Grantee and negotiations related thereto,
and as a result of a public hearing, the City Council makes the following findings:
1. The Grantee's technical ability, financial condition, legal qualifications and
character were considered and approved in a full public proceeding after due notice
and a reasonable opportunity to be heard;
2. Grantee's plans for constructing, upgrading and operating the System were
considered and found adequate and feasible in a full public proceeding after due
notice and a reasonable opportunity to be heard;
3. The Franchise granted to Grantee by the City complies with the existing applicable
Minnesota Statutes, federal laws and regulations; and
4. The Franchise granted to Grantee is nonexclusive.
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SECTION 1. SHORT TITLE AND DEFINITIONS
1.1 Short Title.
This Franchise Ordinance shall be known and cited as the "Cable Franchise Ordinance."
1.2 Definitions.
For purposes of this Franchise, the following terms, phrases, words, abbreviations and their
derivations shall have the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future tense; words in the plural number include
the singular number; words in the singular number include the plural; and the masculine
gender includes the feminine gender. Unless otherwise expressly stated, words not defined
herein or in the City Code shall be given the meaning set forth in applicable law and, if not
defined therein, the words shall be given their common and ordinary meaning. The word
"shall" is always mandatory and not merely directory. The word "may" is directory and
discretionary and not mandatory.
1.2.1 "Actual Cost" means the incremental cost to the Grantee of materials, capitalized
labor and borrowing necessary to install and construct fiber-optic lines, coaxial
cable and/or equipment.
1.2.2 "Affiliate" means any Person who owns or controls, is owned or controlled by, or
is under common ownership or control with the Grantee.
1.2.3 "Basic Cable Service" means the lowest priced tier of Cable Service that includes
the lawful retransmission of local television broadcast signals and any public,
educational and governmental access programming required by this Franchise to be
carried on the basic tier. Basic Cable Service as defined herein shall not be
inconsistent with 47 U.S.C. § 543(b)(7).
1.2.4 "Cable Service" or "Service" means (1) the one-way transmission to Subscribers
of (a) video programming or (b) other programming services; and (2) Subscriber
interaction, if any, which is required for the selection or use of such video
programming or other programming services. For purposes of this Franchise, the
parties hereto acknowledge that the FCC is currently undertaking a proceeding
addressing whether cable modem service may be lawfully considered a cable
service under federal law. As of the adoption of this Franchise, cable modem
services are not considered "Cable Service." As to the definition of "Cable
Service," and any inclusion of cable modem service in such service, the parties
agree to comply with future applicable federal or State law or applicable
regulations.
1.2.5 "Cable System" or "System" means the facility of the Grantee consisting of a set
of closed transmission paths and associated signal generation, reception and control
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equipment that is designed to provide Cable Service, which includes video
programming and which is provided to multiple Subscribers within the City, but
such term does not include: (1) a facility that only serves to retransmit the television
signals of one or more television broadcast stations; (2) a facility that serves
Subscribers without using any Rights -of -Way; (3) a facility of a common carrier
which is subject, in whole or in part, to the provisions of Title II of the
Communications Act, except that such facility shall be considered a System (other
than for purposes of 47 U.S.C. § 541(c)) if such facility is used in the transmission
of video programming directly to Subscribers, unless the extent of such use is solely
to provide interactive on -demand services; (4) an open video system that complies
with 47 U.S.C. § 573; (5) any facilities of any electric utility used solely for
operating its electric utility system; or (6) a translator system which receives and
rebroadcasts over -the -air signals. A reference to the System in this Franchise refers
to any part of such System including, without limitation, Converters, but does not
include the Institutional Network or the DFOI. The foregoing defmition of
"System" shall not be deemed to circumscribe or limit the valid authority of the
City to regulate or franchise the activities of any other communications system or
provider of communications service to the full extent permitted by law. "Cable
System" or "System" as defined herein shall not be inconsistent with the definitions
set forth in applicable law. Any reference to "Cable System" or "System" herein,
which system is owned or operated by a Person or governmental body other than
the Grantee, shall be defined the same as this Section 1.2.5.
1.2.6 "City" means the City of Lino Lakes, Minnesota, a municipal corporation, in the
State of Minnesota, acting by and through its City Council, or its lawfully appointed
designee.
1.2.7 "City Code" means the Lino Lakes City Code, as amended from time to time.
1.2.8 "Commission" means the North Metro Telecommunications Commission, a
municipal joint powers consortium comprised of the municipalities of Blaine,
Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park,
Minnesota. In the event the City lawfully withdraws from the Commission, any
reference to the Commission in this Franchise shall thereafter be deemed a
reference to the City, and the rights and obligations related thereto shall, where
possible, accrue pro rata to the City, pursuant to a transition agreement to be
negotiated at such time by and between the City, the Commission and the Grantee.
The total burden of Grantee's obligations under this Franchise and the Grantee's
Franchise with the other member cities of the Commission shall not be increased as
a result of any such withdrawal.
1.2.9 "Converter" means an electronic device (sometimes referred to as a receiver)
which may serve as an interface between a System and a Subscriber's television
monitor, and which may convert signals to a frequency acceptable to a television
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monitor of a Subscriber and may, by an appropriate selector, permit a Subscriber to
view all signals of a particular service.
1.2.10 "CPI" means the annual average of the Consumer Price Index for all Urban
Consumers (CPI-U) for the Minneapolis -St. Paul CMSA, as published by the
Bureau of Labor Statistics.
1.2.11 "Drop" means the cable that connects the ground block on the Subscriber's
residence or institution to the nearest feeder cable of the System.
1.2.12 "Educational Access Channel" or "Educational Channel" means any channel on
the System set aside by the Grantee for Noncommercial educational use by
educational institutions, as contemplated by applicable law.
1.2.13 "FCC" means the Federal Communications Commission, its designee, and any
legally appointed, designated or elected agent or successor.
1.2.14 "Franchise" or "Cable Franchise" means this ordinance, as may be amended from
time to time, any exhibits attached hereto and made a part hereof, and the regulatory
and contractual relationship established hereby.
1.2.15 "Governmental Access Channel" or "Governmental Channel" means any
channel on the System set aside by the Grantee for Noncommercial use by the City
or its delegatee.
1.2.16 "Grantee" is MediaOne North Central Communications Corp., Inc., d/b/a AT&T
Broadband, and its lawful successors, transferees or assignees.
1.2.17 "Gross Revenues" means any and all revenues arising from or attributable to, or in
any way derived directly or indirectly by the Grantee or its Affiliates, subsidiaries,
or parent, or by any other entity that is a cable operator of the System, from the
operation of the Grantee's System to provide Cable Services (including cash,
credits, property or other consideration of any kind or nature). Gross Revenues
include, by way of illustration and not limitation, monthly fees charged to
Subscribers for any basic, optional, premium, per -channel, or per -program service,
or other Cable Service including, without limitation, Installation, disconnection,
reconnection, and change -in-service fees; Lockout Device fees; Leased Access
Channel fees; late fees and administrative fees; fees, payments or other
consideration received from programmers for carriage of programming on the
System and accounted for as revenue under GAAP; revenues from rentals or sales
of Converters or other equipment; fees related to commercial and institutional usage
of the System or the I -Net; advertising revenues; interest; barter; revenues from
program guides; franchise fees; and revenues to the System from home shopping,
bank -at-home channels and other revenue sharing arrangements. Gross Revenues
shall include revenues received by an entity other than the Grantee, an Affiliate or
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another entity that operates the System where necessary to prevent evasion or
avoidance of the Grantee's obligation under this Franchise to pay the franchise fee.
Gross Revenues shall not include: (i) to the extent consistent with generally
accepted accounting principles, actual bad debt write-offs, provided, however, that
all or part of any such actual bad debt that is written off but subsequently collected
shall be included in Gross Revenues in the period collected; (ii) any taxes on
services furnished by the Grantee imposed by any municipality, state or other
governmental unit, provided that franchise fees shall not be regarded as such a tax;
(iii) FCC regulatory fees; (iv) Subscriber credits, adjustments or refunds; (v) PEG
Fees; or (vi) refundable Subscriber deposits. As previously stated in the definition
of "Cable Services" as to cable modem service, the parties agree to comply with
future applicable federal or State law or regulation as to the inclusion of fees for
such service being included or excluded from the definition of "Gross Revenues."
1.2.18 "Installation" means the connection of the System from feeder cable to the point
of connection with the Subscriber Converter or other terminal equipment.
1.2.19 "Institutional Network" or "I -Net" means the discrete hybrid fiber -coaxial, bi-
directional communications network and services related to such network provided
by the Grantee to identified institutions as required by this Franchise, and as further
described in Section 7 herein.
1.2.20 "Leased Access Channel" means channels on the System which are designated or
dedicated for use by a Person unaffiliated with the Grantee pursuant to 47 U.S.C.
§532.
1.2.21 "Lockout Device" means an optional mechanical or electrical accessory to a
Subscriber's terminal, which inhibits the viewing of a certain program, certain
channel or certain channels provided by way of the Cable System.
1.2.22 "Memorandum of Understanding" or "MOU" means that certain agreement
dated January 29, 1996, by and between Meredith/New Heritage Strategic Partners,
L.P., Grantee's predecessor in interest, and the City regarding PEG funding,
creation of a "PEG" fee and certain rate regulatory issues, which is attached hereto
as Exhibit D and made a part hereof.
1.2.23 "Node" means the transition point between optical light transmission (fiber-optic
cable) and the RF transmission (coaxial cable) of video and data signals being
delivered to and received from the Subscriber's home, or in the case of the
Institutional Network, signals being delivered to and received from Institutional
Network user sites.
1.2.24 "Noncommercial" means, in the context of PEG channels, that particular products
and services are not promoted or sold. This term shall not be interpreted to prohibit
a PEG channel operator or programmer from soliciting and receiving voluntary
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financial support to produce and transmit video programming on a PEG channel, or
from acknowledging a contribution. In the context of the Institutional Network,
particular products or services shall not be sold by the City or other I -Net Users,
Dark Fiber Optic Infrastructure Users or Additional DFOI Users, however, the City
may provide governmental services or products, as distinguished from proprietary
services or products, for a fee to other governments or educational institutions.
1.2.25 "Normal Operating Conditions" means those service conditions that are within
the control of the Grantee. Conditions that are ordinarily within the control of the
Grantee include, but are not limited to, special promotions, pay -per -view events,
rate increases, regular peak or seasonal demand periods, maintenance or upgrade of
the System (including the I -Net and/or the DFOI) and the development, operation
or maintenance of the Grantee's telephone system. Conditions that are not within
the control of the Grantee include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe or unusual
weather conditions.
1.2.26 "North Metro Franchise Area" means the geographic area consisting of the
Minnesota cities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino
Lakes and Spring Lake Park.
1.2.27 "North Metro System" means the Cable System operated pursuant to this
Franchise and located in the member municipalities of the Commission.
1.2.28 "PEG" means public, educational, religious and governmental.
1.2.29 "Person" means any individual, partnership, association, joint stock company, joint
venture, domestic or foreign corporation, stock or non -stock corporation, limited
liability company, professional limited liability corporation, or other organization of
any kind, or any lawful successor or transferee thereof, but such term does not
include the City or the Commission.
1.2.30 "Public Access Channel(s)" means any channels on the System set aside by the
Grantee for Noncommercial use by the general public, as contemplated by
applicable law.
1.2.31 "Right -of -Way" or "Rights -of -Way" means the surface, air space above the
surface and the area below the surface of any public street, highway, lane, path,
alley, sidewalk, avenue, boulevard, drive, court, concourse, bridge, tunnel, park,
parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar
property or waters within the City owned by or under control of the City, or
dedicated for general public use by the City, including, but not limited to, any
riparian right, which, consistent with the purposes for which it was created,
obtained or dedicated, may be used for the purpose of installing, operating and
maintaining a System, I -Net and DFOI.. No reference herein to a "Right -of -Way"
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shall be deemed to be a representation or guarantee by the City that its interest or
other right to control or use such property is sufficient to permit its use for the
purpose of installing, operating and maintaining the System, I -Net or DFOI.
1.2.32 "Right -of -Way Ordinance" means any ordinance of the City codifying
requirements regarding regulation, management and use of Rights -of -Way in the
City, including registration, fees, and permitting requirements.
1.2.33 "Standard Installation" means any residential Installation which can be
completed using a Drop of 150 feet or less.
1.2.34 "State" means the State of Minnesota, its agencies and departments.
1.2.35 "Subscriber" means any Person that lawfully receives service via the System with
the Grantee's express permission. In the case of multiple office buildings or
multiple dwelling units, the term "Subscriber" means the lessee, tenant or occupant.
1.2.36 "System Upgrade" means the improvement or enhancement in the technology or
service capabilities made by the Grantee to the System as more fully described in
Section 4.
SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS
2.1 Grant of Franchise.
This Franchise is granted pursuant to the terms and conditions contained herein and in
applicable law. The Grantee, the City and the Commission shall comply with all
provisions of this Franchise and applicable law, regulations and codes. Failure of the
Grantee to construct, operate and maintain a System as described in this Franchise, or to
meet obligations and comply with all provisions herein, may be deemed a violation of this
Franchise.
2.2 Grant of Nonexclusive Authority.
Subject to the terms of this Franchise, the City hereby grants the Grantee the right to own,
construct, operate and maintain a System in, along, among, upon, across, above, over, or
under the Rights -of -Way. The grant of authority set forth in this Franchise applies only to
the Grantee's provision of Cable Service; provided, however, that nothing herein shall limit
the Grantee's ability to use the System for other purposes not inconsistent with applicable
law or with the provision of Cable Service; and provided further, that any local, State and
federal authorizations necessary for the Grantee's use of the System for other purposes are
obtained by the Grantee. This Franchise does not confer any rights other than as expressly
provided herein, or as provided by federal, State or local law. No privilege or power of
eminent domain is bestowed by this Franchise or grant. The System constructed On the
Effective Date of this Franchise, the Grantee shall deliver to the Commission an
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irrevocable and unconditional Letter of Credit, in a form and substance acceptable to the
City, from a National or State bank approved by the Commission, in the amount of
$25,000.00.
2.2.1 and maintained by Grantee or its agents pursuant to this Franchise shall not
interfere with other uses of the Rights -of -Way. The Grantee shall make use of
existing poles and other aerial and underground facilities available to the Grantee to
the extent it is technically and economically feasible to do so.
2.2.2 Notwithstanding the above grant to use Rights -of -Way, no Right -of -Way shall be
used by the Grantee if the City determines that such use is inconsistent with the
terms, conditions, or provisions by which such Right -of -Way was created or
dedicated, or with the present use of the Right -of -Way.
2.2.3 This Franchise and the right it grants to use and occupy the Rights -of -Way shall not
be exclusive and this Franchise does not, explicitly or implicitly, preclude the
issuance of other franchises or similar authorizations to operate Cable Systems
within the City. Provided, however, that the City shall not authorize or permit itself
or another Person or governmental body to construct, operate or maintain a Cable
System on material terms and conditions which are, taken as a whole, more
favorable or less burdensome than those applied to the Grantee.
2.2.4 This Franchise authorizes only the use of Rights -of -Way for the provision of Cable
Service. Therefore, the grant of this Franchise and the payment of franchise fees
hereunder shall not exempt the Grantee from the obligation to pay compensation or
fees for the use of City property, both real and personal, other than the Rights -of -
Way; provided, however, that such compensation or fees are required by City
ordinance, regulation or policy and are nondiscriminatory.
2.3 Lease or Assignment Prohibited.
No Person or governmental body may lease Grantee's System for the purpose of providing
Cable Service until and unless such Person shall have first obtained and shall currently hold
a valid Franchise or other lawful authorization containing substantially similar burdens and
obligations to this Franchise, including, without limitation, a requirement on such Person to
pay franchise fees on such Person's or governmental body's use of the System to provide
Cable Services, to the extent there would be such a requirement under this Franchise if the
Grantee itself were to use the System to provide such Cable Service. Any assignment of
rights under this Franchise shall be subject to and in accordance with the requirements of
Section 10.5.
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2.4 Franchise Term.
This Franchise shall be in effect for a period of fifteen (15) years, such term commencing
on the Effective Date specified in Section 2.10, unless sooner renewed, extended, revoked
or terminated as herein provided.
2.5 Previous Franchises.
As of the Effective Date, this Franchise shall supercede and replace any previous
Ordinance, as amended, of the City granting a Franchise to Grantee, except the Grantee, the
City and Commission shall continue to be bound by the MOU (except as modified or
superseded herein) and by any previously accrued but unfulfilled obligations under
Ordinance No. 08-83 (the "Prior Franchise") for which the Grantee had notice. Except as
otherwise provided in this Franchise, the Grantee shall remain liable for payments of all
franchise fees and other amounts owed under the Prior Franchise and the MOU, and for all
unfulfilled actions that the Grantee was notified of and required to take under the Prior
Franchise up to the Effective Date of this Franchise. The grant of this Franchise shall have
no effect on the Grantee's duty under the Prior Franchise to indemnify or insure the City
against acts and omissions occurring during the period that the Prior Franchise was in
effect.
2.6 Compliance with Applicable Laws, Resolutions and Ordinances.
2.6.1 The terms of this Franchise shall define the contractual rights and obligations of the
Grantee with respect to the provision of Cable Service and operation of the System
in the City. However, the Grantee shall at all times during the term of this
Franchise be subject to the lawful exercise of the police powers of the City, the
City's right to adopt and enforce additional generally applicable ordinances and
regulations, and lawful and applicable zoning, building, permitting and safety
ordinances and regulations. The grant of this Franchise does not relieve the Grantee
of its obligations to obtain any generally applicable licenses, permits or other
authority as may be required by the City Code, as it may be amended, for the
privilege of operating a business within the City or for performing work on City
property or within the Rights -of -Way, to the extent not inconsistent with this
Franchise. Except as provided below, any modification or amendment to this
Franchise, or the rights or obligations contained herein, must be within the lawful
exercise of the City's police powers, as enumerated above, in which case the
provision(s) modified or amended herein shall be specifically referenced in an
ordinance of the City authorizing such amendment or modification. This Franchise
may also be modified or amended with the written consent of the Grantee as
provided in Section 13.3 herein.
2.6.2 The Grantee shall comply with the terms of any City ordinance or regulation of
general applicability which addresses usage of the Rights -of -Way within the City
which may have the effect of superseding, modifying or amending the terms of
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Section 3 and/or Section 8.5.3 herein; except that the Grantee shall not, through
application of such City ordinance or regulation of Rights -of -Way, be subject to
additional burdens with respect to usage of Rights -of -Way that exceed burdens on
similarly situated Right -of -Way users.
2.6.3 In the event of any conflict between Section 3 and/or Section 8.5.3 of this Franchise
and any lawfully applicable City ordinance or regulation which addresses usage of
the Rights -of -Way, the conflicting terms in Section 3 and/or Section 8.5.3 of this
Franchise shall be superseded by such City ordinance or regulation; except that the
Grantee shall not, through application of such City ordinance or regulation of
Rights -of -Way, be subject to additional burdens with respect to usage of Public
Rights -of -Way that exceed burdens on similarly situated Right -of -Way users.
2.6.4 In the event any lawfully applicable City ordinance or regulation which addresses
usage of the Rights -of -Way adds to, modifies, amends, or otherwise differently
addresses issues addressed in Section 3 and/or Section 8.5.3 of this Franchise, the
Grantee shall comply with such ordinance or regulation of general applicability,
regardless of which requirement was first adopted; except that the Grantee shall not,
through application of such City ordinance or regulation of Rights -of -Way, be
subject to additional burdens with respect to usage of Rights -of -Way that exceed
burdens on similarly situated Rights -of -Way users.
2.6.5 In the event the Grantee cannot determine how to comply with any Right -of -Way
requirement of the City, whether pursuant to this Franchise or other requirement,
the Grantee shall immediately provide written notice of such question, including the
Grantee's proposed interpretation, to the City. The City shall provide a written
response within ten (10) business days of receipt indicating how the requirements
cited by the Grantee apply. The Grantee may proceed in accordance with its
proposed interpretation in the event a written response is not received within
thirteen (13) business days of mailing or delivering such written question.
2.7 Rules of Grantee.
The 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
said Grantee to exercise its rights and perform its obligations under this Franchise and
applicable law, and to assure uninterrupted service to each and all of its Subscribers;
provided that such rules, regulations, terms and conditions shall not be in conflict with
provisions hereto, the rules of the FCC, the laws of the State of Minnesota, the City, or any
other body having lawful jurisdiction.
2.8 Territorial Area Involved.
This Franchise is granted for the corporate boundaries of the City, as they exist from time
to time; provided, however, that the Grantee shall not be required to extend service beyond
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its present System boundaries except pursuant to the line extension requirement set forth in
Section 4.4 of this Franchise.
2.9 Written Notice.
All notices, reports or demands required to be given in writing under this Franchise shall be
deemed to be given when delivered personally to any officer of the Grantee or the City's
designated Franchise administrator, or forty-eight (48) hours after it is deposited in the
United States mail in a sealed envelope, with registered or certified mail postage prepaid
thereon, addressed to the party to whom notice is being given, as follows:
If to City: City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 55014-1182
Attention: City Manager/Administrator
With copies to: Executive Director
North Metro Telecommunications Commission
1630 100 Avenue, N.E.
Blaine, Minnesota 55434
And to: Thomas D. Creighton, Esq.
Creighton, Bradley & Guzzetta, LLC
5402 Parkdale Drive, Suite 102
Minneapolis, Minnesota 55416
If to Grantee: General Manager
MediaOne d/b/a AT&T Broadband
10 River Park Plaza
St. Paul, Minnesota 55107
With copies to: John F. Gibbs, Esq.
Robins, Kaplan, Miller & Ciresi, LLP
2800 LaSalle Plaza
800 LaSalle Avenue South
Minneapolis, Minnesota 55402
Such addresses may be changed by either party upon notice to the other party given as
provided in this Section.
2.10 Effective Date.
This Franchise shall become effective after: (i) all conditions precedent to its effectiveness
as an ordinance of the City have occurred; (ii) all conditions precedent to its execution are
satisfied; (iii) it has been approved by the City Council in accordance with applicable law;
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and (iv) it has been accepted and signed by the Grantee and the City in accordance with
Section 14 (the "Effective Date").
2.11 Grantee Not a Common Carrier.
Nothing in this Franchise shall be deemed to require the Grantee to assume the status of a
common carrier as defined under applicable law.
SECTION 3. CONSTRUCTION STANDARDS
3.1 Registration, Permits and Construction Codes.
3.1.1 The Grantee shall strictly adhere to all State and local laws, regulations and policies
adopted by the City Council applicable to the location, construction, installation,
operation or maintenance of the System, I -Net and DFOI in the City. The City
and/or its delegatee has the right to supervise all construction or installation work
performed in the Rights -of -Way as it shall find necessary to ensure compliance with
the terms of this Franchise and other applicable provisions of law and regulations.
3.1.2 Failure to obtain permits or to comply with permit requirements shall be grounds
for revocation of this Franchise, or any lesser sanctions provided herein or in any
other applicable law, code or regulation.
3.2 Restoration of Rights -of -Way and Property.
Any Rights -of -Way, or any sewer, gas or water main or pipe, drainage facility, electric, fire
alarm, police communication or traffic control facility of the City, or any other public or
private property, which is disturbed, damaged or destroyed during the construction, repair,
replacement, relocation, operation, maintenance, expansion, extension or reconstruction of
the System, the I -Net and/or the DFOI shall be promptly and fully restored, replaced,
reconstructed or repaired by the Grantee, at its expense, to the same condition as that
prevailing prior to the Grantee's work, to the extent consistent with applicable statutes and
rules. It is agreed that in the normal course, with respect to fire and police department
facilities and equipment, and water and sewer facilities, and other essential utilities and
services, as determined by the City, such restoration, reconstruction, replacement or repairs
shall be commenced immediately after the damage, disturbance or destruction is incurred,
and the Grantee shall take diligent steps to complete the same, unless an extension of time
is obtained from the appropriate City agency or department. In all other cases,
reconstruction, replacement, restoration or repairs shall be commenced within no more than
three (3) days after the damage, disturbance or destruction is incurred, and shall be
completed as soon as reasonably possible thereafter. If the Grantee shall fail to perform the
repairs, replacement, reconstruction or restoration required herein, the City shall have the
right to put the Rights -of -Way, public or private property back into good condition. In the
event City determines that the Grantee is responsible for such disturbance or damage, the
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Grantee shall be obligated to fully reimburse the City for required repairs, reconstruction
and restoration.
3.3 Conditions on Right -of -Way Use.
3.3.1 Nothing in this Franchise shall be construed to prevent the City from constructing,
maintaining, repairing or relocating sewers; grading, paving, maintaining,
repairing, relocating and/or altering any Right -of -Way; constructing, laying down,
repairing, maintaining or relocating any water mains; or constructing,
maintaining, relocating or repairing any sidewalk or other public work.
3.3.2 All System transmission and distribution structures, lines and equipment erected
by the Grantee within the City shall be located so as not to obstruct or interfere
with the use of Rights -of -Way except for normal and reasonable obstruction and
interference which might occur during construction and to cause minimum
interference with the rights of property owners who abut any of said Rights -of -
Way and not to interfere with existing public utility installations.
3.3.3 The Grantee shall, at its sole expense, by a reasonable time specified by the City,
protect, support, temporarily disconnect, relocate or remove any of its property
when required by the City by reason of traffic conditions; public safety; Rights -
of -Way construction; street maintenance or repair (including resurfacing or
widening); change in Right -of -Way grade; construction, installation or repair of
sewers, drains, water pipes, power lines, signal lines, tracks or any other type of
government -owned communications or traffic control system, public work or
improvement of government -owned utility; Right -of -Way vacation; or for any
other purpose where the convenience of the City would be served thereby. If the
Grantee fails, neglects or refuses to comply with the City's request, the City may
protect, support, temporarily disconnect, relocate or remove the appropriate
portions of the System, the I -Net and/or the DFOI at the Grantee's expense for
any of the City's incremental costs incurred as a result of the Grantee's failure to
comply. Except for the City's gross negligence, the City shall not be liable to the
Grantee for damages resulting from the City's protection, support, disconnection,
relocation or removal, as contemplated in the preceding sentence.
3.3.4 The Grantee shall not place poles, conduits or other fixtures of the System, I -Net
or DFOI above or below ground where the same will interfere with any gas,
electric, telephone, water or other utility fixtures and all such poles, conduits or
other fixtures placed in any Right -of -Way shall be so placed as to comply with all
lawful requirements of the City.
3.3.5 The Grantee shall, upon request of any Person holding a moving permit issued by
the City, temporarily move its wires or fixtures to permit the moving of buildings
with the expense of such temporary removal to be paid by the Person requesting
the same. The Grantee shall be given not less than ten (10) days' advance written
notice to arrange for such temporary wire changes.
3.3.6 To the extent consistent with generally applicable City Code provisions, rules and
regulations, the Grantee shall have the right to remove, cut, trim and keep clear of
its System, the I -Net and the DFOI trees or other vegetation in and along or
overhanging the Rights -of -Way. However, in the exercise of this right, the
Grantee agrees not to cut or otherwise injure said trees to any greater extent than
is reasonably necessary. All trimming shall be performed at no cost to the City,
the Commission or a homeowner.
3.3.7 The Grantee shall use its best efforts to give prior notice to any adjacent private
property owners who will be negatively affected or impacted by Grantee's work
in the Rights -of -Way.
3.3.8 If any removal, relaying or relocation is required to accommodate the
construction, operation or repair of the facilities of a Person that is authorized to
use the Rights -of -Way, the Grantee shall, after thirty (30) days' advance written
notice and payment of all costs by such Person, commence action to effect the
necessary changes requested by the responsible entity. If multiple responsible
parties are involved, the City may resolve disputes as to the responsibility for
costs associated with the removal, relaying or relocation of facilities among
entities authorized to install facilities in the Rights -of -Way if the parties are
unable to do so themselves, and if the matter is not governed by a valid contract
between the parties or any State or federal law or regulation.
3.3.9 In the event the System, I -Net and/or DFOI is contributing to an imminent danger
to health, safety or property, as reasonably determined by the City, after providing
actual notice to the Grantee, if it is reasonably feasible to do so, the City may
remove or relocate any or all parts of the System, I -Net and/or DFOI at no
expense to the City or the Commission other than the City's cost to act on such
determination.
3.4 Use of Existing Poles and Undergrounding of Cable.
3.4.1 Where existing poles, underground conduits, ducts or wire holding structures are
available for use by the Grantee, but it does not make arrangements for such use,
the City may require, through the established permit, or any other applicable
procedure, the Grantee to use such existing poles and wire holding structures if
the City determines that the public convenience would be enhanced thereby and
the terms available to the Grantee for the use of such poles and structures are just
and reasonable.
3.4.2 The Grantee agrees to place its cables, wires or other like facilities underground,
in the manner as may be required by the provisions of the City Code and City
policies, procedures, rules and regulations, as amended from time to time, where
all utility facilities are placed underground. The Grantee shall not place facilities,
equipment or fixtures where they will interfere with any existing gas, electric,
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telephone, water, sewer or other utility facilities or with any existing installations
of the City, or obstruct or hinder in any manner the various existing utilities
serving the residents of the City. To the extent consistent with the City Code,
City policies, procedures, rules and regulations, System cable and facilities may
be constructed overhead where poles exist and electric or telephone lines or both
are now overhead. However, in no case may the Grantee install poles in areas of
the City where underground facilities are generally used by the utilities already
operating. If the City, at a future date, requires all' electric and telephone lines to
be placed underground in all or part of the City, the Grantee shall, within a
reasonable time, similarly move its cables and lines. If the City reimburses or
otherwise compensates any Person using the Rights -of -Way for the purpose of
defraying the cost of any of the foregoing, the City shall also reimburse the
Grantee in the same manner in which other Persons affected by the requirement
are reimbursed. If the funds are controlled by another governmental entity, the
City shall not oppose or otherwise hinder any application for or receipt of such
funds on behalf of the Grantee.
3.5 Installation of Facilities.
3.5.1 No poles, towers, conduits, amplifier boxes, pedestal mounted terminal boxes,
similar structures or other wire -holding structures shall be erected or installed by
the Grantee without obtaining any required permit or other authorization from the
City.
3.5.2 No placement of any pole or wire holding structure of the Grantee is to be
considered a vested fee interest in the Rights -of -Way or in City property.
Whenever feasible, all transmission and distribution structures, lines, wires,
cables, equipment and poles or other fixtures erected by the Grantee within the
City are to be so located and installed as to cause minimum interference with the
rights and convenience of property owners.
3.6 Safety Requirements.
3.6.1 All applicable safety practices required by law shall be used during construction,
maintenance and repair of the System, the I -Net and the DFOI. The Grantee
agrees, at all times, to employ ordinary and reasonable care and to install and
maintain in use commonly accepted methods and devices for preventing failures
and accidents that are likely to cause damage or injuries to the public or to
property. All structures and all lines, equipment and connections in the Rights -of -
Way shall at all times be kept and maintained in a safe condition, consistent with
applicable safety codes.
3.6.2 The Grantee's construction, operation or maintenance of the System, the I -Net
and the DFOI, as applicable, shall be conducted in such a manner as not to
interfere with City communications technologies related to the health, safety and
welfare of City residents.
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3.6.3 The Grantee shall install and maintain such devices as will apprise or warn
Persons and governmental entities using the Rights -of -Way of the existence of
work being performed on the System, the I -Net and/or the DFOI in Rights -of -
Way.
3.6.4 The Grantee shall be a member of the One Call Notification System (otherwise
known as "Gopher State One Call") or its successor, and shall field mark the
locations of its underground facilities upon request. Throughout the term of this
Franchise, the Grantee shall identify the location of its facilities for the City or the
Commission at no charge to the City or the Commission.
3.7 City Use of Facilities.
The City, after consultation with the Grantee, shall have the right to use for its sole
Noncommercial purposes the Grantee's poles, conduits, ducts and manholes free of
charge, provided that such current or continued use will not unreasonably interfere with
the present or future needs or operations of the Grantee.
3.8 Removal of Facilities at Expiration of Franchise.
At the expiration of the term for which this Franchise is granted, or upon the expiration of
any renewal or extension period which may be granted, the City shall have the right to
require the Grantee, at the Grantee's sole expense: (i) to remove all portions of the
System from all Rights -of -Way within the City; and (ii) to restore affected sites to their
original condition. Should the Grantee fail, refuse or neglect to comply with the City's
directive, all portions of the System, or any part thereof, may at the option of the City
become the sole property of the City, at no expense to the City, or be removed, altered or
relocated by the City at the cost of the Grantee. The City shall not be liable to the
Grantee for damages resulting from such removal, alteration or relocation.
SECTION 4. DESIGN PROVISIONS
4.1 System Facilities and Equipment.
4.1.1 Upon completion of the subscriber network System Upgrade, the System
generally shall have at least the following characteristics:
4.1.1.1 a modern design when built, utilizing an architecture that will
permit additional improvements necessary for high -quality and
reliable service throughout the Franchise term, and the capability
to operate continuously on a twenty-four (24) hour a day basis
without severe material degradation during operating conditions
typical to the Minneapolis/St. Paul metropolitan area;
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4.1.1.2 standby power generating capacity at the headend. The Grantee
shall maintain motorized standby power generators capable of
powering all headend equipment for at least twenty-four (24)
hours. The back-up power supplies serving the System shall be
capable of providing power to the System for not less than three
(3) hours per occurrence measured on an annual basis according to
manufacturer specifications in the event of an electrical outage.
The Grantee shall maintain sufficient portable motorized
generators to be deployed in the event that the duration of a power
disruption is expected to exceed three (3) hours;
4.1.1.3 facilities of good and durable quality, generally used in high -
quality, reliable systems of similar design;
4.1.1.4 a System that conforms to or exceeds all applicable FCC technical
performance standards, as amended from time to time, which
standards are incorporated herein by reference, and any other
applicable technical performance standards. Upstream signals shall
at all times meet or exceed manufacturers' specifications for
successful operation of upstream equipment provided by the
Grantee or approved for use by the Grantee at any Subscriber's
premises. End of the line performance must meet or exceed FCC
specifications at the end of the Subscriber Drop;
4.1.1.5 a System shall, at all times, comply with applicable federal, State
and local rules, regulations, practices and guidelines pertaining to
the construction, upgrade, operation, extension and maintenance of
Cable Systems, including, by way of example (but not limitation):
(A) National Electrical Code, as amended from time to time; and
(B) National Electrical Safety Code (NESC), as amended from
time to time;
4.1.1.6 facilities and equipment sufficient to cure violations of FCC
technical standards and to ensure that Grantee's System remains in
compliance with the standards specified in subsection 4.1.1.5;
4.1.1.7 such facilities and equipment as necessary to maintain, operate and
evaluate the Grantee's System for compliance with FCC technical
and customer service standards, as such standards may hereafter be
amended;
4.1.1.8 status monitoring equipment to alert the Grantee when and where
back-up power supplies are being used, which capability shall be
activated and used on or before the completion of the System
Upgrade;
4.1.1.9 all facilities and equipment required to properly test the System
and conduct an ongoing and active program of preventative and
demand maintenance and quality control, and to be able to quickly
respond to customer complaints and resolve System problems;
4.1.1.10
4.1.1.11
4.1.1.12
antenna supporting structures designed in accordance with any
applicable governmental building codes, as amended, and painted,
lighted and erected and maintained in accordance with all
applicable rules and regulations of the Federal Aviation
Administration, the Federal Communications Commission and all
other applicable codes and regulations;
facilities and equipment at the headend allowing the Grantee to
transmit or cablecast signals in substantially the form received,
without substantial alteration or deterioration. For example, the
headend should include equipment that will transmit color video
signals received at the headend in color, stereo audio signals
received at the headend in BTSC stereo format, and a signal
received with a secondary audio track with both audio tracks;
the Grantee shall provide adequate security provisions in its
Subscriber site equipment to permit parental control over the use of
Grantee's Cable Service. The Grantee, however, shall bear no
responsibility for the exercise of parental controls and shall incur
no liability for any Subscriber's or viewer's exercise or failure to
exercise such controls;
4.1.1.13 facilities and equipment capable of operating within the
temperature ranges typical to the climate of the North Metro
Franchise Area over the calendar year;
4.1.1.14
the System shall be so constructed and operated that there is no
perceptible deterioration in the quality of Public, Educational,
Governmental or religious Access Channel signals after delivery of
such signals to the first interface point with an Institutional
Network hub, Grantee's headend or the subscriber network,
whichever is applicable, as compared with the quality of any other
channel on the System. As used in this paragraph, "deterioration"
refers to delivery that is within the control of the Grantee; and
4.1.1.15 the Grantee must have TDD/TYY (or equivalent) equipment at the
company office, and a publicly listed telephone number for such
equipment, that will allow hearing impaired customers to contact
the company.
4.1.2 The Grantee is authorized and required to continue to operate Grantee's Cable
System substantially as it exists on the date hereof, and to provide service
substantially equivalent to its existing service, within the territorial limits of the
City as of the Effective Date of this Franchise, until such time as the System is
upgraded, as provided herein.
4.1.3 The Grantee shall complete a System Upgrade in accordance with the schedule set
forth in subsection 4.2 providing at least the following characteristics:
4.1.3.1 upon completion of the System Upgrade, the System shall include
a hybrid fiber -coaxial architecture, with fiber-optic cable from the
headend to hubs, and from hubs to Nodes. Nodes System -wide
shall serve on average 250 dwelling units or less, with a minimum
of three (3) fibers connecting such a 250-home average Node to
System headends and hubs. Individual Nodes may serve cable
passing a number of dwelling units in excess of 250, provided
there is no adverse effect on the performance characteristics of the
System serving Subscribers from that Node. No Node shall serve
more than 750 dwelling units.
4.1.3.2 the capability of supporting both analog and digital Cable Services;
4.1.3.3 segmentation of the System, including Nodes that are divisible by
two, so that sufficient capacity is available for targeted and
interactive services at all times;
4.1.3.4 activation of the bandwidth from 5 to 42 MHz for upstream
transmissions on the System;
4.1.3.5 an average of no more than four (4), but in no event more than
seven (7), amplifiers per coaxial cable in each cascade from any
Node;
4.1.3.6 a capacity rating of at least 860 MHz for all active and passive
components;
4.1.3.7 audio control units shall be utilized for each channel for volume
control on analog service, excluding off -air broadcast channels or
channels that are sent through a processor instead of being
modulated and de -modulated, locally processed in the hub serving
the geographic area; and
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4.1.3.8 electronic transmission and powering equipment connecting the
hub(s) in the North Metro System to the Grantee's other hubs
and/or headend facilities in the Twin Cities metropolitan area shall
be of a redundant design.
4.1.4. The upgraded System shall initially have a minimum analog channel capacity of
at least 78 channels, downstream to all Subscribers, plus additional capacity for
digital and other services.
4.1.5. The System shall be designed, constructed and activated in order to facilitate
narrowcasting of Government Access Channels discretely by municipality. The
Grantee shall provide and maintain all equipment and facilities necessary to
accomplish this narrowcasting, at no cost to the City or the Commission.
4.1.6. All power supplies for the System shall be equipped with standby power
capability in accordance with Section 4.1.1.2. Additionally, the Grantee shall use
status monitoring equipment at all power supply locations in the System. Such
equipment shall have the capabilities described in Section 4.1.1.8.
4.1.7. PEG channels shall not be channel mapped without the prior approval of the
Commission. As to all other channels, the Grantee shall make good faith efforts
to avoid channel mapping unless that mapping is required to deliver a high -quality
signal or to comply with applicable laws or regulations. In the event mapping of
non -PEG channels is required to deliver a high quality signal or to comply with
applicable laws or regulations, the Grantee agrees to map as few channels as
possible.
4.1.8. Emergency Alert System.
4.1.8.1. The Grantee shall install and thereafter maintain an Emergency
Alert System ("EAS") fully compliant with local, state and federal
EAS requirements. This EAS shall at all times be operated in
compliance with FCC regulations.
4.1.8.2. The Grantee shall, at no cost to the City or Commission, furnish
and install equipment that will allow a representative of the City to
remotely activate the EAS, including activation by telephone, and
to override the audio and video on all channels on the Grantee's
Cable System that may be lawfully overridden (subject to any
contractual or other rights of broadcasters) without the assistance
of the Grantee, for emergency broadcasts.
4.1.8.3. The City or the Commission may, from time to time, conduct
reasonable tests of the EAS. The City or the Commission shall
permit only appropriately trained and authorized Persons to operate
the EAS equipment and shall take reasonable precautions to
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prevent use of the Grantee's Cable System in any manner that
results in unlawful use thereof, or any physical loss or physical
damage to the Cable System. Except to the extent expressly
prohibited by law, the City and the Commission shall hold the
Grantee, its employees, officers and assigns harmless from any
claims by third parties arising out of use of the EAS, including but
not limited to reasonable attorneys' fees and costs. The City or the
Commission shall provide reasonable notice to the Grantee prior to
any test use of the EAS. The Grantee shall cooperate with the City
and/or the Commission in any such test.
4.1.9. During the design, walkout and preliminary construction activities related to the
System Upgrade, the Grantee shall attempt to identify and take into account the
Cable Service interests of the business community within the City. The Grantee
shall, in connection with the System Upgrade, install conduit adequately sized to
address future System rebuilds or System additions, with the intent to obviate the
need to reopen the Rights -of -Way for construction and installation work.
4.1.10. The City may request, as part of the System Upgrade, that the Grantee remove
from the Rights -of -Way, at its own expense, existing equipment, plant and
facilities that will not be used in the future, whether activated or not. If any
unused or deactivated equipment remains in Rights -of -Way after such City
request and the Grantee's reasonable opportunity to remove, the City may remove
such plant, facilities and equipment at the Grantee's expense. The Grantee may
appeal any request to remove existing equipment, plant and facilities to the City
Council and thereby stay City action until a final decision is issued by the City
Council. In the event existing facilities, plant and equipment are left underground
in the Rights -of -Way, the City or the Commission may require the Grantee to
provide accurate maps showing the location and the nature of the deactivated or
unused facilities, plant and equipment, if such information has not already been
provided to the City or the Commission.
4.1.11. The Grantee shall not assert or otherwise raise any claim before a court of
competent jurisdiction or any administrative agency alleging that, as of the
Effective Date of this Franchise, the minimum System design and performance
requirements set forth in this Franchise are unenforceable under or inconsistent
with then current applicable laws or regulations, or any orders, rules or decisions
of the FCC.
4.2 System Construction Timetable.
4.2.1 Grantee shall complete all construction related to the System Upgrade and shall
fully activate the upgraded System no later than July 15, 2004. The Grantee shall
provide, where reasonably feasible, for phased activation launches of the
subscriber network. Failure to timely complete construction of the System
Upgrade shall be a violation of this Franchise.
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4.2.2 Within ninety (90) days after the Effective Date of this Franchise, the Grantee
shall commence application for necessary permits, licenses, certificates and
authorizations which are required in the conduct of its business.
4.2.3 Within ninety (90) days after the Effective Date of this renewed Franchise,
Grantee shall commence System preliminary construction, walkout, electronic
design, fiber design, and other associated System Upgrade and construction steps,
and shall give written notice to the City and the Commission upon
commencement of such activities.
4.2.4 All construction shall be performed in accordance with applicable laws,
procedures, standards and regulations, except where specifically waived by the
City.
4.2.5 The Grantee shall provide the City and the Commission with notice prior to
commencement of steps of the System Upgrade in which possible service
disruptions or physical construction activities may occur, including but not
limited to: (i) tap pedestal replacements; (ii) amplifier/line extender pedestal
replacements; (iii) underground duct replacement; (iv) overlashing of aerial fiber
optic lines; and (v) underground placement or replacement of coaxial cables.
4.2.6 Upon completion of the System Upgrade initial design, the Grantee shall make
available to the City and the Commission for review, on a confidential basis, a
concise description of the facilities proposed to be erected or installed, and
subscriber network design prints/map(s), which shall include at least the
following elements: (i) trunk and feeder design; (ii) fiber routes; (iii) Node
locations; (iv) standby power supply locations; and (v) areas of the City to be
served by each Node.
4.2.7 The Grantee shall maintain complete and comprehensive as -built drawings of the
subscriber network, I -Net and DFOI throughout the Franchise term, and shall
make them available to the Commission and/or the City for inspection, upon
request, on a confidential basis. As -built drawings shall be updated continually as
changes occur in the subscriber network, the I -Net and/or the DFOI. The Grantee
shall provide to the City, upon request, (including electronic form) copies of all
as -built drawings showing the Grantee's facilities and equipment in the Rights -of -
Way, and on private property where necessary to investigate citizen complaints or
to determine Franchise compliance. The Grantee shall also maintain throughout
the Franchise term a full set of headend and hub routing diagrams, showing
routing from source input to combiner output and routing between headends and
hubs, for all subscriber network, I -Net and DFOI signal transport. Such routing
diagrams shall be made available to the City and/or the Commission for
inspection, upon request, on a confidential basis.
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4.3 Periodic Progress Reporting.
Following commencement of construction of the System Upgrade, the DFOI and the I -
Net upgrade or any similar major construction, the Grantee shall, upon request of the
Commission, meet with the Commission and provide an update on the progress of the
System Upgrade, the DFOI construction and the I -Net upgrade or other construction.
4.3.1 Public Notification. Prior to the beginning of the System Upgrade, and
periodically during each phase of construction, the Grantee shall inform the public
and its Subscribers, through various means, about: (i) the progress of the System
Upgrade or major construction; (ii) areas where construction crews will be
working; and (iii) any expected temporary interruptions to existing services which
may occur.
4.3.2 Delays in the Construction. The Grantee shall be excused from the timely
performance of its obligation to begin and complete any System Upgrade, DFOI
construction, and I -Net upgrade within the time specified herein, for the following
occurrences:
4.3.2.1 Any "Force Majeure" situation, as described herein; and
4.3.2.2 Unreasonable failure or delay by the City to issue any permits or
permission upon a timely and complete application submitted to
the City by the Grantee or its contractor representative and tender
of any required permit fee.
4.3.3 Consequences of Delays. Absent a showing of excusable delay pursuant to
subsection 4.3.2 above, should the Grantee be unable to demonstrate the
commencement or timely completion of the System Upgrade, the DFOI and the I -
Net upgrade by the times specified herein, or be unable to reasonably justify any
delays, then the Grantee shall be in violation of a material provision of this
Franchise and the City may, in its sole discretion, either grant the Grantee an
extension of time to complete such construction, or implement any enforcement
measures or penalties specified in this Franchise or the City Code, including but
not limited to revocation of the Franchise. In the event of excusable delay
pursuant to subsection 4.3.2, the time for completion will be extended by the
period of such delay.
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4.4 Line Extension Requirements.
4.4.1 Subject to subsections 4.4.2 through 4.4.6, the Grantee shall make Cable Service
available to all residences and businesses which can be served by the Installation
of a standard Drop within the City, including multiple dwelling unit buildings,
whose owners or occupants request Cable Service, except for multiple dwelling
unit buildings to which the Grantee, after best efforts, has not obtained
authorization to access.
4.4.2 In those areas solidly shaded green, orange or blue on the "North Metro
Franchise" map attached hereto as Exhibit E, and made a part hereof, Grantee
must extend its System upon request to provide service to any Person or business,
without charging such Person or business more than the Standard Installation
charges for the individual Subscriber's Drop. Grantee's System shall be capable
of meeting this requirement no later than December 31, 2004.
4.4.3 Within the City's boundaries, including any areas annexed after the Effective
Date of this Franchise, except those areas solidly shaded in green, blue or orange
in Exhibit E (which shall be served in accordance with Section 4.4.2) the Grantee
must extend its System upon request to provide service to any Person or business,
without charging such Person or business more than the Standard Installation
charges for the individual Subscriber's Drop, as long as the following conditions
are satisfied, unless the Grantee demonstrates to the City's satisfaction that a
waiver of this requirement is justified due to extraordinary circumstances:
4.4.3.1 the new Subscriber requesting service is located 150 feet or less
from the termination of the Cable System; and
4.4.3.2 the area of the City in which the new Subscriber resides has a
density of at least thirty-five (35) dwelling units per mile of feeder
cable, excluding Drop footage, when aerial construction is required
for an extension, and at least fifty (50) dwelling units per mile of
feeder cable, excluding Drop footage, when underground
construction is required for an extension. All areas that reach the
applicable density requirement at any time during the Franchise
term shall be provided service upon reaching the minimum density.
The City, for its part, shall facilitate the extension of service by
requiring developers and utility companies to provide the Grantee
with at least fifteen (15) days advance notice of an available open
trench for the placement of necessary cable, but in no event shall
the City have any liability for its failure to require any Person to
provide notice, or for any developer's or utility company's failure
to provide advance notice hereunder.
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4.4.4 In the event that the requirements set forth in subsection 4.4.3 are not met,
Persons requesting service can be required to bear the remainder of the total
construction costs on a pro rata basis.
4.4.4.1 The "total construction costs" are defined as the Actual Cost to
construct the entire extension including electronics, pole make-
ready charges and labor, but not the cost of the house Drop.
4.4.4.2 In the event the number of Subscribers in a particular area of the
City reaches the density specified in Section 4.4.3.2 within three
(3) years from the date construction of the extension is completed,
the Grantee shall return to the then existing Subscribers, pro rata,
the full amount of their contributions for the extension.
4.4.5 Irrespective of the density requirements set forth in this Section 4.4, the Grantee
shall continue to offer Service to all dwelling units serviceable prior to the System
Upgrade.
4.4.6 Except as otherwise provided herein, the Grantee shall be given a reasonable
period of time to construct and activate cable plant to service annexed or newly
developed areas, but in no event shall the applicable timeframe exceed twelve
(12) months from notice thereof by the City to Grantee, and qualification of the
area requesting service pursuant to Section 4.4.3.2. Nothing in this paragraph
shall be construed to limit or otherwise modify the requirement set forth in
subsection 4.4.2.
4.5 System Maintenance.
4.5.1 The Grantee shall interrupt Cable Service only for good cause and for the shortest
time possible. Such interruption shall occur during periods of minimum use of
the System. The Grantee shall use its best efforts to provide the Commission with
at least twenty-four (24) hours prior notice of a planned service interruption,
except for a planned service interruption which will have a minimal impact on
Subscribers, usually meaning affecting less than one hundred (100) Subscribers or
less than a fifteen (15) minute interruption.
4.5.2 Maintenance of the System shall be performed in accordance with the technical
performance and operating standards established by FCC rules and regulations.
Should the FCC choose to abandon this field and does not preempt the City' s
entry into this field, the City may adopt such technical performance and operating
standards as its own, and the Grantee shall comply with them at all times.
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4.6 System Tests and Inspections; Special Testing.
4.6.1 Grantee shall perform all tests necessary to demonstrate compliance with the
requirements of the Franchise and other performance standards established by law
or regulation.
4.6.2 The City and the Commission shall have the right to inspect all construction or
installation work performed pursuant to the provisions of the Franchise. In
addition, the City and/or the Commission may require special testing of a location
or locations within the System if there is a particular matter of controversy or
unresolved complaints regarding System construction, operations or installation
work pertaining to such location(s). Such tests shall be limited to the particular
matter in controversy. The City and/or the Commission shall endeavor to so
arrange its request for such special testing so as to minimize hardship or
inconvenience to the Grantee or to the Subscribers of such testing.
4.6.3 Before ordering such tests, the Grantee shall be afforded thirty (30) days
following receipt of written notice to investigate and, if necessary, correct
problems or complaints upon which tests were ordered. The City and/or the
Commission, as applicable, shall meet with the Grantee prior to requiring special
tests to discuss the need for such and, if possible, visually inspect those locations
which are the focus of concern. If, after such meetings and inspections, the City
and/or the Commission wishes to commence special tests and the thirty (30) days
have elapsed without correction of the matter in controversy or resolution of
complaints, the tests shall be conducted at the Grantee's expense by a qualified
engineer selected by the City and/or the Commission, as applicable, and the
Grantee shall cooperate in such testing.
4.6.4 Unless otherwise provided in this Franchise, tests shall be supervised by the
Grantee's chief technical authority, who shall certify all records of tests provided
to the City and the Commission.
4.6.5 The Grantee shall provide the City and the Commission with at least two (2)
business days' prior written notice of, and opportunity to observe, any tests
performed on the System.
4.6.5.1 Test results shall be filed with the City and the Commission within
fourteen (14) days of a written request by the City and/or the Commission.
4.6.5.2 If any test indicates that any part or component of the System fails to meet
applicable requirements, the Grantee, without requirement of additional
notice or request from the City or the Commission, shall take corrective
action, retest the locations and advise the City and the Commission of the
action taken and the results achieved by filing a written report certified by
the Grantee's chief technical authority.
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4.7 Drop Testing and Replacement.
The Grantee shall replace, at no separate charge to an individual Subscriber, all Drops
and/or associated passive equipment incapable of passing the full 860 MHz System
capacity at the time a Subscriber upgrades service to a level which requires a signal
above the 550 MHz spectrum.
4.8 FCC Reports.
Unless otherwise required by the terms of this Franchise, the results of any tests required
to be filed by Grantee with the FCC or in the Grantee's public file shall upon request of
the City or the Commission also be filed with the City or the Commission, as applicable,
within ten (10) days of the request.
4.9 Lockout Capability.
Upon the request of a Subscriber, the Grantee shall make lockout capability available at
no additional charge, other than a charge for a Converter.
4.10 Types of Service.
Any change in programs or services offered shall comply with all lawful conditions and
procedures contained in this Franchise and in applicable law or regulations.
4.11 Uses of System.
The Grantee shall, upon request of the Commission, advise the Commission of all active
uses of the System, for both entertainment and other purposes, and the Commission shall
have the right to conduct unannounced audits of such usage.
4.12 Additional Capacity.
The Grantee shall notify the City and the Commission in writing, in advance of the
installation of any fiber optic capacity not contemplated by the initial design or System
Upgrade, so that additional fibers may be installed on an Actual Cost basis for
government and institutional use. If the City wishes to request additional fiber, it may
notify the Grantee within fifteen (15) days of receipt of the Grantee's notification.
SECTION 5. SERVICE PROVISIONS
5.1 Customer Service Standards.
The Grantee shall at all times comply with FCC customer service standards. In addition,
the Grantee shall at all times satisfy all additional or stricter customer service
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requirements included in this Franchise and any customer service requirements set forth
in any ordinance or regulation lawfully enacted by the City.
5.2 Video Programming.
Except as otherwise provided in this Franchise or in applicable law, all programming
decisions remain the discretion of the Grantee, provided that the Grantee notifies the
City, the Commission and Subscribers in writing thirty (30) days prior to any channel
additions, deletions or realignments unless otherwise permitted under applicable federal,
State and local laws and regulations. Grantee shall cooperate with the City, and use best
efforts to provide all Subscriber notices to the Commission prior to delivery to
Subscribers. Location and relocation of the PEG channels shall be govemed by Sections
6.1.3-6.1.4.
5.3 Regulation of Service Rates.
5.3.1 The City and/or its delegatee may regulate rates for the provision of Cable
Service, equipment or any other communications service provided over the
System to the extent allowed under federal or State law(s). The City reserves the
right to regulate rates for any future services to the extent permitted by law.
5.3.2 The Grantee shall provide at least one billing cycle prior written notice (or such
longer period as may be specified in FCC regulations) to Subscribers and to the
City of any changes in rates, regardless of whether or not the Grantee believes the
affected rates are subject to regulation, except to the extent such notice
requirement is specifically waived by governing law. Bills must be clear, concise
and understandable, with itemization of all charges.
5.4. Sales Procedures.
The Grantee shall not exercise deceptive sales procedures when marketing Services
within the City. In its initial communication or contact with a Subscriber or a non -
Subscriber, and in all general solicitation materials marketing the Grantee or its Services
as a whole, the Grantee shall inform the non -Subscriber of all levels of Service available,
including the lowest priced and free service tiers. The Grantee shall have the right to
market door-to-door during reasonable hours consistent with local ordinances and
regulations.
5.5 Subscriber Inquiry and Complaint Procedures.
5.5.1 The Grantee shall have a publicly listed toll -free telephone number which shall be
operated so as to receive general public and Subscriber complaints, questions and
requests on a twenty-four (24) hour -a -day, seven (7) days -a -week, 365 days -a -
year basis. Trained representatives of the Grantee shall be available to respond by
telephone to Subscriber and service inquiries.
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5.5.2 The Grantee shall maintain adequate numbers of telephone lines and personnel to
respond in a timely manner to schedule service calls and answer Subscriber
complaints or inquiries in a manner consistent with regulations adopted by the
FCC and the City where applicable and lawful. Under Normal Operating
Conditions, telephone answer time by a customer representative, including wait
time, shall not exceed thirty (30) seconds when the connection is made. If the call
needs to be transferred, transfer time shall not exceed thirty (30) seconds. These
standards shall be met no less than ninety (90) percent of the time under Normal
Operating Conditions, measured on a quarterly basis. Under Normal Operating
Conditions, the customer will receive a busy signal less than three (3) percent of
the time.
5.5.3 Subject to the Grantee's obligations pursuant to law regarding privacy of certain
information, the Grantee shall prepare and maintain written records of all
complaints received from the City and the Commission and the resolution of such
complaints, including the date of such resolution. Such written records shall be
on file at the office of the Grantee. The Grantee shall provide the City and/or the
Commission with a written summary of such complaints, upon request. As to
Subscriber complaints, Grantee shall comply with FCC record -keeping
regulations, and make the results of such record -keeping available to the City
and/or the Commission, upon request.
5.5.4 Excluding conditions beyond the control of the Grantee, the Grantee shall
commence working on a service interruption within twenty-four (24) hours after
the service interruption becomes known and pursue to conclusion all steps
reasonably necessary to correct the interruption. The Grantee must begin actions
to correct other service problems the next business day after notification of the
service problem, and pursue to conclusion all steps reasonably necessary to
correct the problem.
5.5.5 The Grantee may schedule appointments for Installations and other service calls
either at a specific time or, at a maximum, during a four-hour time block during
the hours of 9:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00
p.m. on Saturdays. The Grantee may also schedule service calls outside such
hours for the convenience of customers. The Grantee shall use its best efforts to
not cancel an appointment with a customer after the close of business on the
business day prior to the scheduled appointment. If the installer or technician is
late and will not meet the specified appointment time, he/she must use his/her best
efforts to contact the customer and reschedule the appointment at the sole
convenience of the customer. Service call appointments must be met in a manner
consistent with FCC standards.
5.5.6 The Grantee shall respond to written complaints from the City and the
Commission in a timely manner, and provide a copy of each response to the City
and the Commission within thirty (30) days. In addition, the Grantee shall
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respond to all written complaints from Subscribers within (30) days of receipt of
the complaint.
5.6 Subscriber Contracts.
The Grantee shall file with the Commission any standard form Subscriber contract
utilized by Grantee. If no such written contract exists, the Grantee shall file with the
Commission a document completely and concisely stating the length and terms of the
Subscriber contract offered to customers. The length and terms of any Subscriber
contract(s) shall be available for public inspection during the hours of 9:00 a.m. to 5:00
p.m., Monday through Friday.
5.7 Service Credit.
5.7.1 In the event a Subscriber establishes or terminates service and receives less than a
full month's service, Grantee shall prorate the monthly rate on the basis of the
number of days in the period for which service was rendered to the number of
days in the billing cycle.
5.7.2 If, for any reason, Service is interrupted for a total period of more than twenty-
four (24) hours in any thirty (30) day period, Subscribers shall, upon request, be
credited pro rata for such interruption.
5.8 Refunds or Credits.
5.8.1 Any refund checks shall be issued promptly, but not later than either:
5.8.1.1 the Subscriber's next billing cycle following resolution of the request
or thirty (30) days, whichever is earlier; or
5.8.1.2 the return of the equipment supplied by the Grantee if Service is
terminated.
5.8.2 Any credits for Service shall be issued no later than the Subscriber's next billing
cycle following the determination that a credit is warranted.
5.9 Late Fees.
Fees for the late payment of bills shall not be assessed until after the Service has been
fully provided. Late fee amounts on file with the Commission shall not be adjusted by
the Grantee without the Commission's prior approval.
5.10 Notice to Subscribers.
5.10.1 The Grantee shall provide each Subscriber at the time Cable Service is installed,
and at least every twelve (12) months thereafter, the following materials:
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5.10.1.1 instructions on how to use the Cable Service;
5.10.1.2
billing and complaint procedures, and written instructions for
placing a service call, filing a complaint or requesting an
adjustment (including when a Subscriber is entitled to refunds for
outages and how to obtain them);
5.10.1.3 a schedule of rates and charges, channel positions and a description
of products and services offered;
5.10.1.4 prices and options for programming services and conditions of
subscription to programming and other services; and
5.10.1.5
a description of the Grantee's installation and service maintenance
policies, Subscriber privacy rights, internet/Cable Modem policies
and privacy rights (only at installation of such service), delinquent
Subscriber disconnect and reconnect procedures and any other of
its policies applicable to Subscribers.
5.10.2 Copies of materials specified in the preceding subsection shall be provided to the
City and the Commission upon request.
5.10.3 All Grantee promotional materials, announcements and advertising of Cable
Service to Subscribers and the general public, where price information is listed in
any manner, shall be clear, concise, accurate and understandable.
5.11. Exclusive Contracts and Anticompetitive Acts Prohibited.
5.11.1 The Grantee may not require a residential Subscriber to enter into an exclusive
contract as a condition of providing or continuing Cable Service.
5.11.2 The Grantee shall not engage in acts prohibited by federal or State law that have
the purpose or effect of limiting competition for the provision of Cable Service in
the City.
5.12. Office Availability and Drop Boxes.
5.12.1 The Grantee shall install, maintain and operate, throughout the term of this
Franchise, a single drop box in the North Metro Franchise Area at a location
agreed upon by the Commission and the Grantee. Additional drop boxes may be
installed at other locations. The purpose of the drop box(es) shall be to receive
Subscriber payments. Drop boxes shall be emptied at least once a day, Monday
through Friday, with the exception of legal holidays, and payments shall be posted
to Subscribers' accounts within forty-eight (48) hours of pick-up. Subscribers
shall not be charged a late fee or otherwise penalized for any failure by the
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Grantee to empty a drop box as specified herein, or to properly credit a Subscriber
for a payment timely made.
5.12.2 The Grantee shall, at the request of and at no delivery or retrieval charge to a
Subscriber, deliver or retrieve electronic equipment (e.g., Converters and remote
controls).
5.12.3 After consultation with the Commission, the Grantee shall provide Subscribers
with at least sixty (60) days' prior notice of any change in the location of the
customer service center serving the North Metro System, which notice shall
apprise Subscribers of the customer service center's new address, and the date the
changeover will take place.
SECTION 6. ACCESS CHANNEL(S) PROVISIONS
6.1. Public, Educational and Government Access.
6.1.1 The Commission is hereby designated to operate, administer, promote, and
manage PEG access programming on the Cable System.
6.1.2 The Grantee shall continue to dedicate and make available six (6) 6 MHz analog
video channels for public, educational, governmental and religious use. The six
(6) 6 MHz PEG Access Channels shall be allocated as follows on the Effective
Date of this Franchise:
6.1.2.1 one (1) full-time 6MHz analog video channel for Noncommercial
City Government Access Channel use, designed, constructed and
activated for discrete transmissions, as described in subsection
4.1.5;
6.1.2.2 one (1) full-time 6 MHz analog video channel for Noncommercial
Public Access Channel use; and
6.1.2.3 three (3) full-time 6 MHz analog video channels for
Noncommercial Educational Access Channel use; and
6.1.2.4 one (1) full-time 6 MHz analog video channel for Noncommercial
religious access use.
The Commission shall have the right to rename, reprogram or otherwise change
the use of these channels at any time, in its sole discretion, provided such use is
Noncommercial and public, educational, governmental or religious in nature.
Nothing herein shall diminish any rights of the City and the Commission to secure
additional PEG channels pursuant to Minn. Stat. §238.084, which is expressly
incorporated herein by reference.
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6.1.3 Public Access Channel 15 and Government Access Channel 16 shall not be
relocated without the consent of the Commission. If the Commission agrees to
change the channel designation for Public Access Channel 15 and/or Government
Access Channel 16, the Grantee must provide at least three (3) months notice to
the City and the Commission prior to implementing the change, and shall
reimburse the Commission and/or PEG entity for any reasonable costs incurred
for: (i) purchasing or modifying equipment, business cards and signage; (ii) any
marketing and notice of the channel change that the Commission reasonably
determines is necessary; (iii) logo changes; and (iv) promoting, marketing and
advertising the channel location of the affected PEG channel(s) during the twelve-
month period preceding the effective date of the channel change. Alternatively,
the Grantee may choose to supply necessary equipment itself, provided such
equipment is satisfactory to the Commission or PEG entity.
6.1.4 Prior to the completion of the System Upgrade, the Grantee shall have the right to
relocate each of the PEG channels (other than Public Access Channel 15 and
Government Access Channel 16) one time without the Commission's consent,
and without reimbursing the Commission for any costs it incurs as a result of the
relocation. If a qualified PEG channel has been relocated once without
Commission approval, that channel may not be moved again unless: (i) the
Commission has consented to the move; and (ii) the Grantee reimburses the
Commission and/or a PEG entity for all reasonable costs of such move, as
described below, and provides at least three (3) months notice to the Commission
and the City before making the change in channel designation. After the System
Upgrade is completed, no PEG channel shall be relocated without the consent of
the Commission. If the Commission agrees to change the channel designation for
a PEG channel, the Grantee must provide at least three (3) months notice to the
City and the Commission prior to implementing the change, and shall reimburse
the Commission and/or PEG entity for any reasonable costs incurred for: (i)
purchasing or modifying equipment, business cards and signage; (ii) any
marketing and notice of the channel change that the Commission reasonably
determines is necessary; (iii) logo changes; and (iv) promoting, marketing and
advertising the channel location of the affected PEG channel(s) during the twelve-
month period preceding the effective date of the channel change. Alternatively,
the Grantee may choose to supply necessary equipment itself, provided such
equipment is satisfactory to the Commission or PEG entity. Notwithstanding
anything to the contrary, the Grantee shall not be required to repay any school for
any on -premises school expenses that arise out of any PEG channel relocation.
6.1.5 As long as the Grantee's System carries Basic Cable Service channels in analog
format, the Grantee must make the PEG channels available in analog format to
Subscribers within the City. If and when the Grantee's Cable System carries PEG
channels in digital format, those digital PEG channels must be made available to
all Subscribers in the City. At all times, the Grantee's Cable System must make
the PEG channels available to all Basic Cable Service Subscribers residing within
the City in at least one format (digital or analog); thus, the Grantee shall make the
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PEG channels available to all such Subscribers in analog format unless and until it
makes Basic Cable Service channels available to Subscribers only in digital
format. If the Grantee opts to carry PEG channels in a digital format, it shall
assume the cost of replacing all equipment necessary to ensure that once the PEG
signals leave the Commission's router, the signals can be transmitted on the
Grantee's appropriate service tier.
6.1.6 In the event the Grantee makes any change in the System and related equipment
and facilities or in signal delivery technology, which change directly or indirectly
causes the signal quality or transmission of PEG channel programming or PEG
services to fall below technical standards under applicable law, the Grantee shall,
at its own expense, provide any necessary technical assistance, transmission
equipment and training of PEG personnel, and in addition, provide necessary
assistance so that PEG facilities may be used as intended, including, among other
things, so that live and taped programming can be cablecasted efficiently to
Subscribers.
6.1.7 All PEG channels shall be transmitted in the same format as all other Basic Cable
Service channels and shall be carried on the Basic Service tier.
6.1.8 Except as otherwise provided in this Franchise, the Commission shall be
responsible for any necessary master control switching of PEG signals and
Institutional Network and DFOI transmissions.
6.1.9 The Grantee shall not transmit, carry or cablecast PEG signals originated or
produced in the North Metro Franchise Area outside the North Metro Franchise
Area without the prior written consent of the Commission.
6.2. PEG Support Obligations.
6.2.1 The Grantee shall comply with the terms and conditions of the MOU throughout
the Franchise term, except as the MOU is modified or superseded herein.
Beginning on the Effective Date, the Grantee shall continue to collect and
transmit to the Commission the PEG Fee from all Subscribers receiving and
paying for Basic Cable Service from Grantee, in an amount as set in accordance
with the MOU. Pursuant to the terms of the MOU, the Grantee may continue to
itemize the PEG Fee on Subscriber billing statements. The Grantee shall apply
one PEG Fee on the master account for services to non -dwelling bulk accounts
(such as hotels, motels, prisons and hospitals). The Grantee shall calculate PEG
Fees on a pro rata basis for bulk accounts in residential multiple dwelling unit
("MDU") buildings in the following manner: if the bulk rate for Basic Cable
Service is one third (1/3) of the current residential rate, then a pro rated PEG Fee
shall be added to the bulk bill for an MDU building in an amount equal to one
third (1/3) of the current PEG Fee. If the bulk rate for Basic Cable Service is
raised in any MDU building, the pro -rated PEG Fee in that building shall be
recalculated and set based on the foregoing formula, regardless of any cap on per
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Subscriber PEG Fee amounts. Pursuant to the terms of the MOU, the amount of
the PEG Fee may be increased annually by the CPI. During calendar year 2002,
an estimated PEG Fee shall continue to be prepaid to the Commission on a
quarterly basis, no later than thirty (30) days prior to the beginning of each
calendar quarter. The estimated PEG Fee shall be reconciled annually to reflect
actual PEG Fee receipts by the Grantee, subject to more frequent reconciliation
ordered by the Commission. Any amounts due to the Commission as a result of a
reconciliation shall be paid by the Grantee to the Commission within thirty (30)
days following written notice to the Grantee by the Commission of the
underpayment. If reconciliation discloses an overpayment by the Grantee, the
Grantee may credit the amount of any overpayment against its next quarterly PEG
Fee payment. Beginning in calendar year 2003, payments for the PEG Fee
pursuant to this subsection shall be made quarterly based on actual receipts from
the prior quarter on the same schedule as franchise fee payments.
6.2.2 The Grantee shall provide the fiber-optic or other cabling and other electronics,
equipment, software and other materials necessary to transport all PEG signals
from their origination point to and from the Commission's master control to the
appropriate subscriber network channel, including channels provided discretely.
If the Commission's master control continues to be located at 1630 101St Avenue,
NE, Blaine, MN, or if the Commission's master control is moved to a location up
to 2,500 feet from the I -Net, the Grantee shall provide the aforementioned
cabling, electronics, equipment, software and other materials at no cost to the
City, the Commission, the North Metro Media Center, I -Net Users, Dark Fiber
Infrastructure Users or Additional DFOI Users. Should the Commission re-
locate its master control to a location that is more than 2,500 feet from the I -Net,
the Grantee shall remain responsible for providing all cabling, electronics,
equipment, software and materials necessary to transport all PEG signals from
their origination point to and from the Commission's master control to the
appropriate subscriber network channel; provided, however, that the Commission
agrees to reimburse the Grantee for its Actual Costs in excess of the cost of the
first 2,500 feet of construction and installation. The Grantee shall not take any
action pursuant to this paragraph until notified, in writing, by the Commission of
the intended location of the Commission's master control facility. Once notified
by the Commission, in writing, of the intended location of the master control
facility, the Grantee shall, within thirty (30) days of notification, prepare and
tender for the Commission's review a design plan related to the transport,
reception and routing of PEG signals to and from the master control facility. A
cost estimate shall also be furnished to the Commission, at the same time the
design plan is submitted, if the selected master control facility site is not located
at 1630 101st Avenue, NE, Blaine, MN or within 2,500 feet of the I -Net. After the
Commission has approved the design plan and cost estimate (if applicable), in
writing, the Grantee shall construct, install and activate all cabling, other
electronics, equipment, software and other materials necessary to provide the
origination capabilities described in this subsection 6.2.2, such that the
capabilities are fully in place and functional prior to operational startup at the
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master control facility. If reimbursement amounts are owed to the Grantee
pursuant to this paragraph for construction and installation work, such amounts
shall be paid by the Commission within sixty (60) days of receiving an itemized
invoice from the Grantee. No invoice shall be submitted to the Commission by
the Grantee until all the capabilities described herein are operating properly, as
determined by Commission staff. Any invoices from Grantee's subcontractors
will not be accepted by the Commission or the City for payment.
6.2.3 The Grantee on the one hand and the City and the Commission on the other hand
agree not to assert, raise or otherwise claim at any time before any court of
competent jurisdiction or any administrative agency that, as of December 31,
2001, either party owes any amounts to the other party for actual or alleged
overpayment(s) or underpayment(s) of PEG Fees or Franchise fees by the
Grantee. In addition, the Grantee on the one hand and the City and the
Commission on the other hand hereby: (i) completely and irrevocably release the
other party from any liability or indebtedness for any actual or alleged PEG Fee
and/or Franchise fee overpayments or underpayment(s) made by the Grantee that
may exist as of December 31, 2001; and (ii) Grantee agrees that it will not, at any
time, offset or deduct any actual or alleged PEG Fee and/or Franchise fee
overpayment amounts that may exist as of December 31, 2001, from PEG Fees
and Franchise fees owed and/or paid to the Commission and/or the City. In
exchange for the Grantee's commitments under this paragraph, the City and the
Commission agree that they will not, at any time, audit the accuracy of PEG Fee
and/or Franchise fee payments actually made to the Commission through the
period ending December 31, 2001. If, for any reason or at any time, the Grantee
fails to comply fully with its obligations under this subsection 6.2.3, the City and
the Commission shall regain the right to audit all of the Grantee's PEG Fee and/or
Franchise fee payments, including (but not limited to) payments made under the
Prior Franchise.
6.3 Regional Channel 6.
The Grantee shall designate standard VHF Channel 6 for uniform regional channel usage
to the extent required by State law.
6.4 Leased Access Channels.
The Grantee shall provide Leased Access Channels as required by federal and State law.
6.5 PEG Obligations.
Except as expressly provided in this Franchise, the Grantee shall not make any changes in
PEG support or in the transmission, reception and carriage of PEG channels and
equipment associated therewith, without the consent of the City and/or the Commission.
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6.6 Costs and Payments not Franchise Fees.
The parties agree that any costs to the Grantee and payments from the Grantee associated
with the provision of support for PEG access, the DFOI or the Institutional Network
pursuant to Sections 6 and 7 of this Franchise and the terms and conditions of the MOU
do not constitute and are not part of a franchise fee and fall within one or more of the
exceptions to 47 U.S.C. § 542.
SECTION 7. INSTITUTIONAL NETWORK (I -NET) PROVISIONS AND RELATED
COMMITMENTS
7.1. Institutional Network Facilities and Capacity.
7.1.1 Within the timeframe specified for the subscriber network upgrade in subsection
4.2 herein, the Grantee shall, at no cost to the City, the Commission or any
institution, upgrade, construct and activate an Institutional Network which
consists of the following facilities: (i) a minimum of three (3) bi-directional fiber
optic lines to each of a minimum of nine (9) Nodes dedicated solely to the I -Net;
and (ii) bi-directional coaxial cable links between all the sites listed in Exhibit A
(the "HFC I -Net Sites"), which exhibit is made a part hereof, and the nearest I -Net
Node. In addition, the Grantee shall, without charge to the City, the Commission,
or I -Net Users, ensure that the existing I -Net is fully functional and in good
working order within sixty (60) days of the Effective Date of this Franchise. As
part of the foregoing requirement, the existing I -Net shall be capable of providing
all existing services to all locations and institutions connected to the existing I -Net
within sixty (60) days of the Effective Date. The upgraded Institutional Network
shall have the capability to transmit any and all signals between the sites listed in
Exhibit A. The institutions listed in Exhibit A ("I -Net Users") may not sell or
resell services or capacity to any third party. However, I -Net Users may provide
services to themselves, including those which the Grantee otherwise sells to
others (for example, an institution may provide Internet service to itself or to other
institutions that the Grantee sells to others). The limitations of this paragraph
shall not prevent the City or the Commission from subleasing, bartering, selling,
reselling or giving away capacity on the Institutional Network to any other public
or nonprofit entity for Noncommercial purposes that do not directly compete with
any products or services offered by the Grantee. Failure to timely complete
construction of the I -Net upgrade shall be a violation of this Franchise.
7.1.2 All I -Net Nodes shall be connected via a minimum of three (3) bi-directional fiber
optic lines to the hub serving the North Metro Franchise Area. The hub shall act
as signal aggregation and turn -around points for I -Net signals within the North
Metro Franchise Area. Such hub may also act as the main point of
interconnection to the Grantee's regional fiber infrastructure for purposes of
connecting to other institutional networks facilitated by the Grantee within the
Minneapolis/St. Paul metropolitan area. The Grantee shall provide space for all
necessary I -Net equipment at the pertinent hub, free of charge, and shall provide
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appropriate I -Net Users with access to I -Net equipment at the hub, immediately
upon request during normal business hours or within one (1) hour of a page to the
on -call technician outside normal business hours. For purposes of this paragraph,
the term "normal business hours" means Monday through Friday, 8:00 a.m. to
5:00 p.m., excluding holidays.
7.1.3 The I -Net shall provide 450 MHz of activated capacity with no less than 156 MHz
of bandwidth upstream and 210 MHz of bandwidth downstream to the HFC I -Net
Sites. Such capacity, and any future activated capacity on the portion of the I -Net
made available to the Commission, the City and/or I -Net Users, shall be furnished
free of charge to the Commission, the City and/or I -Net Users. The I -Net shall
have fiber introduced into it to limit amplifier cascades to no more than an
average of four (4), and a maximum of seven (7), excluding the Node, for the
HFC I -Net Sites.
7.1.4 The Grantee shall connect the HFC I -Net Sites to the Institutional Network, at no
cost to the City, the Commission or I -Net Users. Other governmental, public, or
educational institutions subsequently designated by the City or the Commission
shall be connected to the I -Net via coaxial cable, free of charge, if such
institutions are located 500 feet or less from the existing I -Net, or if such
designated institutions agree to reimburse the Grantee for its Actual Costs in
excess of the cost of the first 500 feet of such installation, including the cost of
any additional necessary equipment, such as fiber, node(s), etc., necessary to
provide I -Net service. Such additional sites shall have an amplifier cascade as
agreed to between the Grantee and the designated institution.
7.1.5 The I -Net shall be segmented to allow narrowcasting of signals within most
municipal boundaries. The Grantee shall, at no cost to the City, the Commission
or I -Net Users, provide and install all equipment necessary to achieve the required
level of segmentation.
7.1.6 I -Net equipment at the hub related to the Institutional Network shall be connected
to a gas powered generator capable of providing continuous electrical power, or
equivalent, and to an uninterruptible power supply that both conditions
commercial power and provides for zero transfer time between normal
commercial power and hub/headend back-up generators.
7.1.7 All I -Net distribution system power supplies shall have the standby capability of
providing at least three (3) hours of backup power for all I -Net Nodes and other
active devices throughout the I -Net. Each power supply shall have status
monitoring installed in it. Prior to battery failure, the Grantee shall connect I -Net
Node power supplies to portable generators capable of producing adequate
electrical current until commercial power is restored.
7.1.8 Pilot generators shall be installed at the end of mutually agreed upon I -Net
cascades carrying any transmissions. Pilot generators shall be installed at the end
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of additional amplifier cascades when the Commission, in its sole discretion,
determines that a particular cascade is not performing adequately.
7.1.9 Within sixty (60) days of the Effective Date, and throughout the Franchise term
thereafter (including any extensions thereof), the Grantee shall provide up to
twenty (20) modulators and demodulators, on an as needed basis, for the
provision of PEG programming at locations on the I -Net designated by the
Commission. If, at any time, it is determined that the I -Net is not meeting the
performance specifications for PEG programming, either as transmitted over the
I -Net, or as received by a Subscriber on the subscriber network, and standard
maintenance or repair activities cannot resolve the performance problem, then the
Grantee shall provide, at no charge to the City, the Commission or I -Net Users,
necessary fiber optic cabling, transmitters and receivers for the PEG access
origination connection that is transmitting the affected programming, if such an
action will resolve the performance problem.
7.1.10 The Grantee has made available to the City and the Commission for review a
detailed design map of the proposed Institutional Network construction plan,
including the following elements: (i) coaxial cable route; (ii) proposed fiber
route; (iii) location of Nodes serving the Institutional Network; (iv) the name and
location of facilities being served by such Nodes; and (v) the number of
amplifiers in each cascade within the Institutional Network. The Grantee has
taken the comments of the City and/or the Commission into account in
implementing the Institutional Network plan.
7.1.11 No I -Net Node shall be activated until it is tested, and the Grantee determines that
all applicable technical standards have been met or exceeded. Specifically, the
Grantee shall notify the Commission, or its designee, in writing, at least ten (10)
days in advance of completion of construction of each I -Net Node and HFC I -Net
site. The notice shall include the date the Grantee is prepared to conduct RF
noise, distortion, peak to valley and other tests according to FCC rules, NCTA
recommended practices or other acceptable test methodologies and other
applicable tests. The Commission or its designee shall have the option of
attending any tests conducted pursuant to this paragraph. All tests must be
successfully completed. The hybrid fiber -coaxial tests shall be deemed
successfully completed if specifications detailed in Exhibit B are met or bettered.
If any I -Net Node does not pass the Grantee's performance test, the Grantee shall
take all steps necessary to meet applicable standards, and the affected Node shall
be retested prior to activation. The Grantee shall send the Commission and the
City the results of each test conducted under this paragraph.
7.1.12 The Commission, or its designee, shall have the option of conducting a physical
inspection of the construction and connections to each HFC I -Net Site and each I -
Net Node. This inspection shall be conducted no later than the date of the test in
subsection 7.1.11.
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7.1.13 After completing installation to each HFC I -Net Site and each I -Net Node, the
Grantee shall provide the following documentation to the City or its designee:
splice locations; panel numbers; cable numbering schemes; location of splitters;
location of all RF actives and passives; OTDR; other optical, RF and coaxial test
results and documentation; and any other pertinent documentation.
7.2 Dark Fiber Optic Infrastructure Requirements.
7.2.1 Within the timeframe specified for the subscriber network upgrade in subsection
4.2 herein, the Grantee shall, at no cost to the City, the Commission, I -Net Users
or any institution designated for fiber connectivity by an asterisk on Exhibit A
("Dark Fiber Infrastructure Users") interconnect six (6) single mode fiber optic
lines from each Dark Fiber Infrastructure User's site through the North Metro
Media Center, or another site designated on Exhibit A with an asterisk, as
determined by the Commission. The Grantee shall also, at no cost to the City, the
Commission, I -Net Users or Dark Fiber Infrastructure Users, provide discrete,
home -run, fiber optic cabling, consisting of a minimum of four (4) single mode
fiber optic lines, from the I -Net hub(s) to each of the institutions designated by an
asterisk in Exhibit A, except for the Independent School District 12 Area
Learning Center, which shall instead have a 6-strand count fiber optic connection
from its location to the Independent School District 12 Headquarters. All home -
run, fiber optic cabling, all excess capacity designated for extension, all fiber
optic -based access origination links, and each 6-count fiber optic connection to
Dark Fiber Infrastructure Users' sites shall be collectively referred to in this
Franchise as the "Dark Fiber Optic Infrastructure" or the "DFOI." If more than
one hub serves the DFOI networking needs of the Commission's member cities
and other institutional users, then a discrete 6-strand count fiber connection will
be made available as a DFOI interconnect between the hubs. In addition to the
ten (10) Dark Fiber Infrastructure Users designated in Exhibit A, the Grantee shall
connect up to nine (9) additional governmental, public or educational institutions
subsequently designated by the Commission ("Additional DFOI Users") using the
following parameters. The Grantee shall have two (2) single mode fibers
available at each splice point. The Commission may request an extension of such
fibers from a splice point to an Additional DFOI User's location. The Grantee
shall not charge the City, Commission, I -Net Users or Dark Fiber Infrastructure
Users for the two (2) single mode fibers from the I -Net hub to the respective
splice point. The City, the Commission or the Additional DFOI User, as
determined by the Commission, shall reimburse the Grantee for its Actual Cost of
construction of two (2) single mode fibers from the splice point(s) to the
Additional DFOI User's location(s). Any end -to -end fiber optic strands required
by this paragraph shall be passively terminated to connectors at the patch panel of
the telephone equipment room of each DFOI site or at another location mutually
agreed to by the Grantee and the Dark Fiber Infrastructure User/Additional DFOI
User.
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7.2.2 Prior to the implementation of the DFOI described in § 7.2.1 above, the Grantee
has made available to the City and the Commission for review a detailed design
map of the proposed Dark Fiber Optic Infrastructure construction plan, including,
but not limited to, (i) the proposed fiber route, and (ii) the name and location of
facilities being served by the DFOI. The Grantee will take the comments of the
City and/or the Commission into account in implementing the DFOI plan.
7.2.3 The DFOI shall not be considered accepted until all applicable cabling and
construction standards have been met or exceeded. Specifically, the Grantee shall
notify the Commission, or its designee, in writing, at least ten (10) days in
advance of completion of construction of each DFOI site. The notice shall
include the date the Grantee is prepared to conduct an OTDR test at 1550 nm and
1310 nm end -to -end, according to industry standard and accepted test
methodologies. The Commission, or its designee, shall have the option of
attending any test conducted pursuant to this paragraph. All tests must be
successfully completed. The fiber optic tests shall be deemed successfully
completed if the optical performance standards in Exhibit B are met or bettered.
If any DFOI link does not pass the tests required herein, the Grantee shall take all
necessary steps to meet the applicable standards, and the affected link shall be
retested prior to acceptance. The Grantee shall send the Commission and the City
the results of each test conducted under this paragraph. Failure to timely
complete construction of the DFOI shall be a violation of this Franchise.
7.2.4 The Commission, or its designee, shall have the option of conducting a physical
inspection of the construction of the DFOI. This inspection shall be conducted no
later than the date of a successfully completed test as described in Subsection
7.2.3.
7.2.5 After completing installation of each DFOI link, the Grantee shall provide
documentation to the City, or its designee, including but not limited to: splice
locations; panel numbers; strand numbering schemes; OTDR; other optical test
results; and any other pertinent documentation.
7.2.6 Dark Fiber Infrastructure Users and any Additional DFOI Users connected to the
DFOI shall be responsible for any end user or interface equipment needed for
transmission or reception of signals on the Dark Fiber Optic Infrastructure, except
as indicated in subsection 7.1.9.
7.3 Grantee's Use of I -Net and DFOI Capacity.
The I -Net and the DFOI shall be for the exclusive use of the City, the Commission, I -Net
Users, Dark Fiber Infrastructure Users and Additional DFOI Users throughout the term of
the Franchise. Notwithstanding the foregoing, the Grantee may use capacity on the I -Net
and the DFOI, including for lease or other commercial purposes, provided that the City,
the Commission, I -Net Users, Dark Fiber Infrastructure Users and Additional DFOI
45
Users are not using such capacity and further provided that the Grantee's use does not
interfere with use of the I -Net and the DFOI by the City, the Commission, I -Net Users,
Dark Fiber Infrastructure Users and/or Additional DFOI Users. Upon receiving oral or
written notice from the Commission, the Grantee or a lessee shall immediately cease
using the I -Net or the DFOI for any purpose that the Commission, in its sole discretion,
determines is interfering with I -Net Users', Dark Fiber Infrastructure Users' and/or
Additional DFOI Users' communications. The Grantee or a lessee may appeal any
determination concerning I -Net and DFOI interference to the City within ten (10)
business days of the date that the requisite notice is received by the Grantee. Any such
appeal shall: (i) be in writing; (ii) list the reasons that the Commission's determination
regarding interference with I -Net Users', Dark Fiber Infrastructure Users' and/or
Additional DFOI Users' communications is incorrect; and (iii) include any other
information the Grantee or a lessee wishes the City to consider. Within forty-five (45)
calendar days of receiving a written appeal under this paragraph, the City shall: (i)
determine whether the Commission's conclusion that the Grantee or a lessee was
interfering with I -Net Users', Dark Fiber Optic Infrastructure Users' and/or Additional
DFOI Users' communications was justified; and (ii) inform the Grantee or a lessee in
writing of its findings. Use of the I -Net and the DFOI by the City, the Commission, I -Net
Users, Dark Fiber Infrastructure Users and Additional DFOI Users shall, at all times,
have priority over any use(s) by the Grantee or any lessee. The Grantee or a lessee shall
terminate its use of any capacity on the I -Net or the DFOI within three (3) months after
receiving notice from the Commission that the City, the Commission, or any I -Net User,
Dark Fiber Infrastructure User or Additional DFOI User has determined to use such
capacity. Any agreement entered into by the Grantee and a third party for the lease of I -
Net or DFOI capacity shall be subject to the terms and conditions of this Franchise.
7.4 I -Net and DFOI Performance Standards.
The Grantee shall operate and maintain the I -Net and the DFOI in accordance with the
technical and performance standards set forth in Exhibit B (I -Net and DFOI Performance
Standards), which is made a part hereof. Upon request, the Grantee shall provide the
City, or its designee, with reports of the performance of the I -Net and DFOI and the
Grantee's compliance with the aforementioned technical and performance standards.
7.5 Institutional Network and DFOI Security.
The Grantee and the City shall at all times use reasonable efforts to protect the security of
the Institutional Network and the DFOI. For purposes of this paragraph, "to protect
security" means to protect those physical elements of the Institutional Network and the
DFOI under the party's direct control from unauthorized intrusion, signal theft,
tampering, wiretapping or other actions that might: (i) compromise the integrity of or
degrade the signals carried over the Institutional Network and/or the DFOI; or (ii) result
in the unauthorized interception and disclosure of information.
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7.6 Interconnection of Institutional Networks.
7.6.1 Within twelve (12) months of the Effective Date, the Grantee shall interconnect
the I -Net and/or DFOI required herein with those institutional networks of
Grantee's Systems, including (but not limited to) the institutional networks
serving: (i) the City of Columbia Heights, Minnesota; (ii) the member cities of
the Quad Cities Cable Communications Commission; (iii) the City of Coon
Rapids, Minnesota; (iv) the member cities of the Northwest Suburban Cable
Communications Commission; (v) the member cities of the North Suburban
Communications Commission; (vi) the member cities of the Ramsey/Washington
Counties Suburban Cable Communications Commission; and (vii) the City of St.
Paul, Minnesota ("Municipal Institutional Networks"); provided, however, that
this requirement shall only apply with respect to a particular Municipal
Institutional Network when the operator of that network agrees to interconnection.
Each interconnection link shall be completed within a reasonable timeframe
mutually agreed upon by the Commission and the Grantee, unless an extension is
granted upon petition by the Grantee. The Grantee shall be responsible for
routing all signals carried over the interconnection links described in this
paragraph, including signals that are originated by or intended for the
Commission, the City, I -Net Users, Dark Fiber Infrastructure Users or any
Additional DFOI Users. The Grantee shall not be responsible for end -user
equipment, inclusive of cards necessary for the transport and reception of signals,
located at the hub(s) and/or the location of any user.
7.6.2 Every interconnection link established pursuant to this Section 7.6 shall be
designed, built and equipped to have the capability for the seamless transmission
of all video, voice and data communications between the interconnected
networks. If a fiber optic transmission medium is required for the interconnect to
facilitate capacity, reliability or other networking needs, as determined by the
City, Commission, I -Net User, Dark Fiber Infrastructure User or Additional DFOI
User, such medium may use a non-exclusive fiber optic transmission medium
employing at least two (2) strands per interconnect. If a hybrid fiber -coaxial
transmission medium can be utilized for the interconnect, such medium shall
provide, for the City's, the Commission's, an I -Net User's, a Dark Fiber
Infrastructure User's and/or an Additional DFOI User's exclusive use, at least
three (3) 6 MHz channels for forward video purposes (free of charge), three (3) 6
MHz channels for return video purposes (free of charge), two (2) 6 MHz channels
for forward data and/or other purposes (free of charge) and two (2) 6 MHz
channels for return data and/or other purposes (free of charge).
7.6.3 Any interconnection link provided by Grantee to the City, the Commission, an I -
Net User, a Dark Fiber Infrastructure User or an Additional DFOI User shall be
on a nonexclusive basis. Capacity on interconnection links may be shared with
others, including other cities, cable commissions, I -Net Users or Grantee.
47
7.6.4 The Grantee shall cooperate with any interconnection corporation, regional
interconnection authority, or state or federal agency which may be hereafter
established for the purpose of regulating, facilitating, financing or otherwise
providing for the interconnection of cable systems beyond the boundaries of the
City and/or the North Metro Franchise Area.
7.7 Subscriber Network Drops to Designated Buildings.
7.7.1 Grantee shall provide or continue to provide, free of charge, Installation and
activation of one (1) subscriber network Drop, and one (1) cable outlet at the
institutions identified in Exhibit C, which is attached hereto and made a part
hereof. Institutions that do not have a free Drop and outlet as of the Effective
Date shall be provided with an active, fully functional Drop and outlet within
three (3) years of the Effective Date of this Franchise.
7.7.2 The Grantee shall provide or continue to provide Basic Cable Service and any
equipment necessary to receive such service, free of charge, to all institutions
identified in Exhibit C. Institutions currently receiving additional Cable Services
from Grantee shall continue to receive those same services, or comparable
services, during the term of this Franchise, free of charge. Institutions that do not
have a Drop as of the Effective Date of this Franchise shall receive free Basic
Cable Service at the time the Drop required under subsection 7.7.1 is activated.
The Cable Service provided pursuant to this subsection shall not be used for
commercial purposes nor shall other than PEG services be shown in areas open to
the public.
7.7.3 Additional subscriber network Drops and/or outlets will be installed at designated
institutions by the Grantee on an Actual Cost basis. Alternatively, said institution
may add outlets at its own expense, as long as such Installation meets the
Grantee's standards. The Grantee shall have three (3) months from the date of
City designation of additional institution(s) to complete construction of the Drop
and outlet, unless weather or other conditions beyond the control of the Grantee
require more time.
7.7.4 The Grantee has established a voluntary initiative to provide cable Internet service
to all State -accredited K-12 public and private schools and public libraries that are
passed by the upgraded Cable System at no charge to the City or institutions.
Grantee intends to provide each of these schools and libraries with one (1) outlet
of Internet access, including the necessary cable modem. For as long as Grantee
continues to offer free cable Internet service to accredited schools, Grantee shall
also provide free cable Internet service and required modems to one (1) location
at City Hall and to the Commission at its designated PEG access facility.
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SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS
8.1. Administration of Franchise.
The City's designated cable television administrator, or his/her designee, shall have
continuing regulatory jurisdiction and supervision over the System and the Grantee's
operation under the Franchise. The City may issue such reasonable rules and regulations
concerning the construction, operation and maintenance of the System, as are consistent
with the provisions of this Franchise and law.
8.2. Delegated Authority.
The City may appoint a citizen advisory body or a joint powers commission, or may
delegate to any other body or Person authority to administer the Franchise and to monitor
the performance of the Grantee pursuant to the Franchise. The Grantee shall cooperate
with any such delegatee of the City.
8.3. Franchise Fee.
8.3.1 During the term of the Franchise, the Grantee shall pay quarterly to the City or its
delegatee a Franchise fee in an amount equal to five percent (5%) of its Gross
Revenues.
8.3.2 Any payments due under this provision shall be payable quarterly. The payment
shall be made within thirty (30) days of the end of each of Grantee's fiscal
quarters together with a report showing the basis for the computation. The City or
the Commission shall have the right to require further supporting information for
each franchise fee payment.
8.3.3 All amounts paid shall be subject to audit and recomputation by City and/or the
Commission, and acceptance of any payment shall not be construed as an accord
that the amount paid is in fact the correct amount. The Grantee shall be
responsible for providing the City and/or the Commission all records necessary to
confirm the accurate payment of franchise fees. The Grantee shall maintain such
records for five (5) years, unless in the Grantee's ordinary course of business
specific records are retained for a shorter period, but in no event less than three
(3) years. If an audit discloses an overpayment or underpayment of franchise
fees, the City and/or the Commission shall notify the Grantee of such
overpayment or underpayment. The City's/Commission's audit expenses shall be
borne by the City/Commission unless the audit determines that the payment to the
City should be increased by more than five percent (5%) in the audited period, in
which case the costs of the audit shall be borne by the Grantee as a cost incidental
to the enforcement of the Franchise. Any additional amounts due to the City as a
result of the audit shall be paid to the City within thirty (30) days following
written notice to the Grantee by the City/Commission of the underpayment, which
notice shall include a copy of the audit report. If the recomputation results in
49
additional revenue to be paid to the City, such amount shall be subject to a ten
percent (10%) annual interest charge. If the audit determines that there has been
an overpayment by the Grantee, the Grantee may credit any overpayment against
its next quarterly payment.
8.3.4 In the event any franchise fee payment or recomputation amount is not made on
or before the required date, the Grantee shall pay, during the period such unpaid
amount is owed, the additional compensation and interest charges computed from
such due date, at an annual rate of ten percent (10%).
8.3.5 Nothing in this Franchise shall be construed to limit any authority of the City to
impose any tax, fee or assessment of general applicability.
8.3.6 The franchise fee payments required by this Franchise shall be in addition to any
and all taxes or fees of general applicability. The Grantee shall not have or make
any claim for any deduction or other credit of all or any part of the amount of said
franchise fee payments from or against any of said taxes or fees of general
applicability, except as expressly permitted by law. The Grantee shall not apply
nor seek to apply all or any part of the amount of said franchise fee payments as a
deduction or other credit from or against any of said taxes or fees of general
applicability, except as expressly permitted by law. Nor shall the Grantee apply
or seek to apply all or any part of the amount of any of said taxes or fees of
general applicability as a deduction or other credit from or against any of its
franchise fee obligations, except as expressly permitted by law.
8.4 Access to Records.
To the extent such documents are related to Grantee's compliance with this Franchise or
applicable law (the burden to allege and, if so alleged, the initial burden to demonstrate
that such requested documents are not related to Grantee's compliance with this
Franchise or applicable law shall be the Grantee's), the City/Commission shall have the
right to inspect or copy any records or documents maintained by Grantee (or maintained
by an Affiliate on behalf of the Grantee, to the extent that review of such record or
document maintained by the Affiliate on behalf of the Grantee is necessary in order for
the City/Commission to enforce compliance with this Franchise) upon reasonable notice
and during Grantee's administrative office hours, or require Grantee to provide copies of
records and documents within a reasonable time, on a confidential and proprietary basis,
to the extent such records and documents otherwise qualify as nonpublic, confidential,
trade secret or proprietary pursuant to applicable law. Upon the City's/Commission's
request, the Grantee shall provide to the City and/or the Commission copies of any
records or documents that cannot be reasonably argued pursuant to applicable law to be
nonpublic, confidential, trade secret or proprietary.
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8.5. Reports and Maps to be Filed with City.
8.5.1 The Grantee shall file with the City, at the time of payment of the Franchise Fee, a
report of all Gross Revenues in a form and substance as required by the City or
the Commission.
8.5.2 The Grantee shall prepare and furnish to the City or the Commission, at the times
and in the form prescribed, such other reports with respect to Grantee's operations
pursuant to this Franchise as the City or the Commission may require. The City
and the Commission shall use their best efforts to protect proprietary or trade
secret information all consistent with State and federal law.
8.5.3 If required by the City and/or the Commission, the Grantee shall furnish to and
file with the City and/or the Commission the maps, plats and permanent records
of the location and character of all facilities constructed, including underground
facilities, and Grantee shall file with the City and/or the Commission updates of
such maps, plats and permanent records annually if changes have been made in
the System, the I -Net and/or the DFOI.
8.6. Periodic Evaluation.
8.6.1 The City may require evaluation sessions at any time during the term of this
Franchise, upon fifteen (15) days written notice to the Grantee.
8.6.2 Topics which may be discussed at any evaluation session may include, but are not
limited to, application of new technologies, System, I -Net and DFOI performance,
programming offered, access channels, facilities and support, municipal uses of
cable, Subscriber rates, customer complaints, amendments to this Franchise,
judicial rulings, FCC rulings, line extension policies and any other topics the City
deems relevant.
8.6.3 As a result of a periodic review or evaluation session, upon notification from City,
Grantee shall meet with City and undertake good faith efforts to reach agreement
on changes and modifications to the terms and conditions of the Franchise which
are both economically and technically feasible.
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SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS
9.1. Performance Bond.
9.1.1 At the time the Franchise becomes effective and until such time as the
construction of the System Upgrade, the DFOI and Institutional Network upgrade
is completed, the Grantee shall furnish a bond to the Commission, in a form and
with such sureties as are reasonably acceptable to the Commission, in the amount
of $500,000. Upon such completion of all System, DFOI and I -Net construction,
the bond shall be reduced to $50,000. This bond will be conditioned upon the
faithful performance by the Grantee of its Franchise obligations and upon the
further condition that in the event the Grantee shall fail to comply with any law,
ordinance or regulation governing the Franchise, there shall be recoverable jointly
and severally from the principal and surety of the bond any damages or loss
suffered by the City or the Commission as a result, including the full amount of
any compensation, indemnification or cost of removal or abandonment of any
property of the Grantee, plus a reasonable allowance for attorneys' fees and costs,
up to the full amount of the bond, and further guaranteeing payment by the
Grantee of claims, liens and taxes due the City or the Commission which arise by
reason of the construction, operation, or maintenance of the System, the I -Net
and/or the DFOI. The rights reserved by the City and the Commission with
respect to the bond are in addition to all other rights the City and the Commission
may have under the Franchise or any other law. The Commission may, from year
to year, in its sole discretion, reduce the amount of the bond.
9.1.2 The time for Grantee to correct any violation or liability shall be extended by
Commission if the necessary action to correct such violation or liability is, in the
sole determination of Commission, of such a nature or character as to require
more than thirty (30) days within which to perform, provided Grantee provides
written notice that it requires more than thirty (30) days to correct such violations
or liability, commences the corrective action within the thirty (30)-day cure period
and thereafter uses reasonable diligence to correct the violation or liability.
9.1.3 In the event this Franchise is revoked by reason of default of Grantee, City shall
be entitled to collect from the performance bond that amount which is attributable
to any damages sustained by City as a result of said default or revocation.
9.1.4 Grantee shall be entitled to the return of the performance bond, or portion thereof,
as remains sixty (60) days after the expiration of the term of the Franchise or
revocation for default thereof, provided the City or the Commission has not
notified Grantee of any actual or potential damages incurred as a result of
Grantee's operations pursuant to the Franchise or as a result of said default.
9.1.5 The rights reserved to the City or the Commission with respect to the performance
bond are in addition to all other rights of the City and the Commission whether
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reserved by this Franchise or authorized by law, and no action, proceeding or
exercise of a right with respect to the performance bond shall affect any other
right the City and the Commission may have.
9.2. Letter of Credit.
9.2.1 On the Effective Date of this Franchise, the Grantee shall deliver to the
Commission an irrevocable and unconditional Letter of Credit, in a form and
substance acceptable to the City, from a National or State bank approved by the
Commission, in the amount of $25,000.00.
9.2.2 The Letter of Credit shall provide that funds will be paid to the City upon written
demand of the City, and in an amount solely determined by the City in payment
for penalties charged pursuant to this Section, in payment for any monies deemed
by the City to be owed by the Grantee to the City and/or the Commission, as
applicable, after notice and opportunity to pay any such monies, pursuant to its
obligations under this Franchise, or in payment for any damage incurred by the
City or the Commission as a result of any acts or omissions by the Grantee
pursuant to this Franchise.
9.2.3 In addition to recovery of any monies owed by the Grantee to the City, or the
Commission or damages to the City, the Commission or any Person as a result of
any acts or omissions by the Grantee pursuant to the Franchise, the City and/or
the Commission in its sole discretion may charge to and collect from the Letter of
Credit the following penalties:
9.2.3.1 For failure to timely complete the System Upgrade, the I -Net Upgrade
and the DFOI as provided in this Franchise, unless the City or the
Commission approves the delay, the penalty shall be $500.00 per day
for each day, or part thereof, such failure occurs or continues.
9.2.3.2 For failure to provide data, documents, reports or information or to
cooperate with City or the Commission during an application process or
system review or as otherwise provided herein, the penalty shall be
$250.00 per day for each day, or part thereof, such failure occurs or
continues.
9.2.3.3 Fifteen (15) days following notice from the City or the Commission of a
failure of Grantee to comply with construction, operation or
maintenance standards, the penalty shall be $250.00 per day for each
day, or part thereof, such failure occurs or continues.
9.2.3.4 For failure to provide the services and the payments required by this
Franchise, including, but not limited to, the implementation and the
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utilization of the PEG Access Channels, the penalty shall be $250.00
per day for each day, or part thereof, such failure occurs or continues.
9.2.3.5 For Grantee's breach of any written contract or agreement with or to the
City or the Commission, the penalty shall be $250.00 per day for each
day, or part thereof, such breach occurs or continues.
9.2.3.6 For failure to comply with any of the provisions of this Franchise, or
other City ordinance or regulation for which a penalty is not otherwise
specifically provided pursuant to this subsection 9.2.3, the penalty shall
be $250.00 per day for each day, or part thereof, such failure occurs or
continues.
9.2.4 Each violation of any provision of this Franchise shall be considered a separate
violation for which a separate penalty can be imposed.
9.2.5 Whenever the City or the Commission determines that the Grantee has violated
one or more terms, conditions or provisions of this Franchise, or for any other
violation contemplated in subsection 9.2.3 above, a written notice shall be given
to Grantee informing it of such violation. At any time after thirty (30) days (or
such longer reasonable time which, in the determination of the City or the
Commission, is necessary to cure the alleged violation) following local receipt of
notice, provided the City or its designee finds that the Grantee remains in
violation of one or more terms, conditions or provisions of this Franchise, in the
sole opinion of the City or the Commission, the City or the Commission may
draw from the Letter of Credit all penalties and other monies due the City or the
Commission from the date of the local receipt of notice.
9.2.6 Prior to drawing on the Letter of Credit, the City or the Commission shall give
Grantee written notice that it intends to draw, and the Grantee may, within seven
(7) days thereafter, notify the City or the Commission in writing that there is a
dispute as to whether a violation or failure has in fact occurred. Such written
notice by the Grantee to the City or the Commission shall specify with
particularity the matters disputed by Grantee. Any penalties shall continue to
accrue, but the City or the Commission may not draw from the Letter of Credit
during any appeal pursuant to this subparagraph 9.2.6. The City or the
Commission shall hear Grantee's dispute within sixty (60) days and the City or
the Commission, as appropriate, shall render a final decision within sixty (60)
days thereafter. Withdrawal from the Letter of Credit may occur only upon a
final decision.
9.2.7 If said Letter of Credit or any subsequent Letter of Credit delivered pursuant
thereto expires prior to thirty (30) months after the expiration of the term of this
Franchise, it shall be renewed or replaced during the term of this Franchise to
provide that it will not expire earlier than thirty (30) months after the expiration of
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this Franchise. The renewed or replaced Letter of Credit shall be of the same
form and with a bank authorized herein and for the full amount stated in
subsection 9.2.1 of this Section.
9.2.8 If the City or the Commission draws upon the Letter of Credit or any subsequent
Letter of Credit delivered pursuant hereto, in whole or in part, the Grantee shall
replace or replenish to its full amount the same within ten (10) days and shall
deliver to the Commission a like replacement Letter of Credit or certification of
replenishment for the full amount stated in Section 9.2.1 as a substitution of the
previous Letter of Credit. This shall be a continuing obligation for any
withdrawals from the Letter of Credit.
9.2.9 If any Letter of Credit is not so replaced or replenished, the City or the
Commission may draw on said Letter of Credit for the whole amount thereof and
use the proceeds as the City or the Commission determines in its sole discretion.
The failure to replace or replenish any Letter of Credit may also, at the option of
the City or the Commission, be deemed a default by the Grantee under this
Franchise. The drawing on the Letter of Credit by the City or the Commission,
and use of the money so obtained for payment or performance of the obligations,
duties and responsibilities of the Grantee which are in default, shall not be a
waiver or release of such default.
9.2.10 The collection by the City or the Commission of any damages, monies or
penalties from the Letter of Credit shall not affect any other right or remedy
available to it, nor shall any act, or failure to act, by the City or the Commission
pursuant to the Letter of Credit, be deemed a waiver of any right of the City or the
Commission pursuant to this Franchise or otherwise.
9.3. Indemnification of City.
9.3.1 The City and its officers, boards, committees, commissions, elected and appointed
officials, employees, volunteers and agents shall not be liable for any loss or
damage to any real or personal property of any Person, or for any injury to or
death of any Person, arising out of or in connection with Grantee's construction,
operation, maintenance, repair or removal of the System, the I -Net and/or the
DFOI, or as to any other action of Grantee with respect to this Franchise.
9.3.2 Grantee shall indemnify, defend, and hold harmless the City and its officers,
boards, committees, commissions, elected and appointed officials, employees,
volunteers and agents from and against all liability, damages and penalties which
they may legally be required to pay as a result of the City's or the Commission's
exercise, administration or enforcement of the Franchise.
9.3.3 Nothing in this Franchise relieves a Person from liability arising out of the failure
to exercise reasonable care to avoid injuring the Grantee's facilities while
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performing work connected with grading, regrading or changing the line of a
Right -of -Way or public place or with the construction or reconstruction of a sewer
or water system.
9.3.4 The Grantee shall not be required to indemnify the City for negligence or
misconduct on the part of the City or its officers, boards, committees,
commissions, elected or appointed officials, employees, volunteers or agents,
including any loss or claims.
9.4. Insurance.
9.4.1 As a part of the indemnification provided in Section 9.3, but without limiting the
foregoing, Grantee shall file with the Commission at the time of its acceptance of
this Franchise, and at all times thereafter maintain in full force and effect at its
sole expense, a comprehensive general liability insurance policy, including
broadcaster' s/cablecaster' s liability and contractual liability coverage, in
protection of the Grantee, the Commission, the City and its officers, elected and
appointed officials, boards, commissions, commissioners, agents, employees and
volunteers for any and all damages and penalties which may arise as a result of
this Franchise. The policy or policies shall name the City and the Commission as
an additional insured, and in their capacity as such, City and Commission officers,
elected and appointed officials, boards, commissions, commissioners, agents,
employees and volunteers. The broadcasters'/cablecasters' liability coverage
specified in this provision shall be subject to Section 9.3 above regarding
indemnification of the City.
9.4.2 The policies of insurance shall be in the sum of not less than $1,000,000.00 for
personal injury or death of any one Person, and $2,000,000.00 for personal injury
or death of two or more Persons in any one occurrence, $1,000,000.00 for
property damage to any one Person and $2,000,000.00 for property damage
resulting from any one act or occurrence.
9.4.3 The policy or policies of insurance shall be maintained by Grantee in full force
and effect during the entire term of the Franchise. Each policy of insurance shall
contain a statement on its face that the insurer will not cancel the policy or fail to
renew the policy, whether for nonpayment of premium, or otherwise, and whether
at the request of Grantee or for other reasons, except after sixty (60) days advance
written notice have been provided to the Commission. The Grantee shall not
cancel any required insurance policy without submission of proof that the Grantee
has obtained alternative insurance satisfactory to the City which complies with
this Franchise.
9.4.4 All insurance policies shall be with sureties qualified to do business in the State of
Minnesota, with an A-1 or better rating of insurance by Best's Key Rating Guide,
Property/Casualty Edition, and in a form approved by the City.
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9.4.5 All insurance policies shall be available for review by the City and the
Commission, and the Grantee shall keep on file with the Commission certificates
of insurance.
9.4.6 Failure to comply with the insurance requirements of this Section shall constitute
a material violation of this Franchise.
SECTION 10. SALE, ABANDONMENT, TRANSFER AND
REVOCATION OF FRANCHISE
10.1. City's Right to Revoke.
10.1.1 In addition to all other rights which City has pursuant to law or equity, City
reserves the right to commence proceedings to revoke, terminate or cancel this
Franchise, and all rights and privileges pertaining thereto, if it is determined by
City that:
10.1.1.1 Grantee has violated material provisions(s) of this Franchise; or
10.1.1.2 Grantee has attempted to evade any of the provisions of the Franchise;
or
10.1.1.3 Grantee has practiced fraud or deceit upon the City or the Commission.
City may revoke this Franchise without the hearing required by Section 10.2.2
herein if Grantee is adjudged a bankrupt.
10.2. Procedures for Revocation.
10.2.1 The City shall provide the Grantee with written notice of a cause for revocation
and the intent to revoke and shall allow Grantee thirty (30) days subsequent to
receipt of the notice in which to correct the violation or to provide adequate
assurance of performance in compliance with the Franchise. In the notice
required herein, the City shall provide the Grantee with the basis for revocation.
10.2.2 The Grantee shall be provided the right to a public hearing affording due process
before the City Council prior to the effective date of revocation, which public
hearing shall follow the thirty (30) day notice provided in subsection 10.2.1
above. The City shall provide the Grantee with written notice of its decision
together with written findings of fact supplementing said decision.
10.2.3 Only after the public hearing and upon written notice of the determination by the
City to revoke the Franchise may the Grantee appeal said decision with an
appropriate state or federal court or agency.
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10.2.4 During the appeal period, the Franchise shall remain in full force and effect unless
the term thereof sooner expires or unless continuation of the Franchise would
endanger the health, safety and welfare of any Person or the public.
10.3 Continuity of Service.
Grantee may not abandon the System or any portion thereof without having first given
three (3) months written notice to the City. The Grantee may not abandon the System or
any portion thereof without compensating the City for all costs incident to removal of the
System if required by the City pursuant to section 10.4.
10.4 Removal After Abandonment, Termination or Forfeiture.
10.4.1 In the event of termination or forfeiture of the Franchise or abandonment of the
System, the City shall have the right to require the Grantee to remove all or any
portion of the System from all Rights -of -Way and public property within the City.
10.4.2 If the Grantee has failed to commence removal of the System, or such part thereof
as was designated by the City, within thirty (30) days after written notice of the
City's demand for removal is given, or if the Grantee has failed to complete such
removal within twelve (12) months after written notice of the City's demand for
removal is given, the City shall have the right to apply funds secured by the Letter
of Credit and Performance Bond toward removal and/or declare all right, title and
interest to the System to be in the City with all rights of ownership including, but
not limited to, the right to operate the System or transfer the System to another for
operation by it.
10.5. Sale or Transfer of Franchise.
10.5.1 No sale or transfer of the Franchise, or sale, transfer or fundamental corporate
change of or in Grantee, including, but not limited to, a fundamental corporate
change in Grantee's parent corporation or any entity having a controlling interest
in Grantee, the sale of a controlling interest in the Grantee's assets, a merger,
including the merger of a subsidiary and parent entity, consolidation or the
creation of a subsidiary or affiliate entity, shall take place until a written request
has been filed with the City requesting approval of the sale, transfer or corporate
change and such approval has been granted or deemed granted, provided,
however, that said approval shall not be required where Grantee grants a security
interest in its Franchise and/or assets to secure an indebtedness. Upon notice to
the City, Grantee may undertake legal changes necessary to consolidate the
corporate or partnership structures of its Minnesota/Wisconsin Systems provided
there is no change in the controlling interests which could materially alter the
financial responsibilities for the Grantee.
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10.5.2 Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's
parent corporation or any other entity having a controlling interest in Grantee, so
as to create a new controlling interest therein, shall be subject to the requirements
of this Section 10.5. The term "controlling interest" as used herein is not limited
to majority stock ownership, but includes actual working control in whatever
manner exercised.
10.5.3 The Grantee shall file, in addition to all documents, forms and information
required to be filed by applicable law, the following:
10.5.3.1 All contracts, agreements or other documents that constitute the
proposed transaction and all exhibits, attachments or other documents
referred to therein which are necessary in order to understand the
terms thereof.
10.5.3.2 A list detailing all documents filed with any state or federal agency
related to the transaction including, but not limited to, the MPUC, the
FCC, the FTC, the FEC, the SEC or MnDOT. Upon request, Grantee
shall provide City with a complete copy of any such document; and
10.5.3.3 Any other documents or information related to the transaction as may
be specifically requested by the City
10.5.4 The City shall have such time as is permitted by federal law in which to review a
transfer request.
10.5.5 The Grantee shall reimburse the City and/or the Commission for all the
reasonable legal, administrative, and consulting costs and fees associated with the
City's/Commission's review of any request to transfer. Nothing herein shall
prevent the Grantee from negotiating partial or complete payment of such costs
and fees by the transferee. Grantee may not itemize any such reimbursement on
Subscriber bills, but may recover such expenses in its Subscriber rates.
10.5.6 In no event shall a sale, transfer, corporate change or assignment of ownership or
control pursuant to subsections 10.5.1 or 10.5.2 of this Section be approved
without the Grantee remaining, or (if other than the current Grantee) transferee
becoming a signatory to this Franchise and assuming or continuing to have all
rights and obligations hereunder.
10.5.7 In the event of any proposed sale, transfer, corporate change or assignment
pursuant to subsection 10.5.1 or 10.5.2, the City shall have the right to purchase
the System, the I -Net and the DFOI for the value of the consideration proposed in
such transaction. The City's right to purchase shall arise upon City's receipt of
notice of the material terms of an offer or proposal for sale, transfer, corporate
change or assignment, which Grantee has accepted. Notice of such offer or
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proposal must be conveyed to City in writing and separate from any general
announcement of the transaction.
10.5.8 The City shall be deemed to have waived its right to purchase the System, the I -
Net and the DFOI pursuant to this Section only in the following circumstances:
10.5.8.1 If City does not indicate to Grantee in writing, within sixty (60) days
of receipt of written notice of a proposed sale, transfer, corporate
change or assignment as contemplated in Section 10.5.7 above, its
intention to exercise its right of purchase; or
10.5.8.2 It approves the assignment or sale of the Franchise as provided within
this Section.
10.5.9 No Franchise may be transferred if the City and/or the Commission determines
the Grantee is in noncompliance of the Franchise unless an acceptable compliance
program has been approved by City or the Commission. The approval of any
transfer of ownership pursuant to this Section shall not be deemed to waive any
rights of the City or the Commission to subsequently enforce noncompliance
issues relating to this Franchise.
10.5.10Any transfer or sale of the Franchise without the prior written consent of the City
shall be considered to impair the City's assurance of due performance. The
granting of approval for a transfer or sale in one instance shall not render
unnecessary approval of any subsequent transfer or sale for which approval would
otherwise be required.
SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS
11.1 Discriminatory Practices Prohibited.
Grantee shall not deny service, deny access, or otherwise discriminate against
Subscribers or general citizens on the basis of race, color, religion, national origin, sex,
age, status as to public assistance, affectional preference or disability. Grantee shall
comply at all times with all other applicable federal, State and City laws.
11.2. Subscriber Privacy.
11.2.1 No signals, including signals of a Class IV Channel, may be transmitted from a
Subscriber terminal for purposes of monitoring individual viewing patterns or
practices without the express written permission of the Subscriber. Such written
permission shall be for a limited period of time not to exceed one (1) year which
may be renewed at the option of the Subscriber. No penalty shall be invoked for a
Subscriber's failure to provide or renew such authorization. The authorization
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shall be revocable at any time by the Subscriber without penalty of any kind
whatsoever. Such permission shall be required for each type or classification of
Class IV Channel activity planned for the purpose of monitoring individual
viewing patterns or practices.
11.2.2 No lists of the names and addresses of Subscribers or any lists that identify the
viewing habits of Subscribers shall be sold or otherwise made available to any
party other than to Grantee or its agents for Grantee's service business use or to
City for the purpose of Franchise administration, and also to the Subscriber
subject of that information, unless Grantee has received specific written
authorization from the Subscriber to make such data available. Such written
permission shall be for a limited period of time not to exceed one (1) year which
may be renewed at the option of the Subscriber. No penalty shall be invoked for a
Subscriber's failure to provide or renew such authorization. The authorization
shall be revocable at any time by the Subscriber without penalty of any kind
whatsoever.
11.2.3 Written permission from the Subscriber shall not be required for the conducting of
System wide or individually addressed electronic sweeps for the purpose of
verifying System integrity or monitoring for the purpose of billing.
Confidentiality of such information shall be subject to the provision set forth in
subsection 11.2.2.
SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
12.1. Unauthorized Connections or Modifications Prohibited.
It shall be unlawful for any firm, Person, group, company, corporation or governmental
body or agency, without the express consent of the Grantee, to make or possess, or assist
anybody in making or possessing, any unauthorized connection, extension or division,
whether physically, acoustically, inductively, electronically or otherwise, with or to any
segment of the System or to receive services of the System without Grantee's
authorization.
12.2. Removal or Destruction Prohibited.
It shall be unlawful for any firm, Person, group, company or corporation to willfully
interfere, tamper with, remove, obstruct, or damage, or assist thereof, any part or segment
of the System for any purpose whatsoever, except for any rights the City may have
pursuant to this Franchise or its police powers.
12.3. Penalty.
Any firm, Person, group, company or corporation found guilty of violating this section
may be fined not less than Twenty Dollars ($20.00) and the costs of the action nor more
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than Five Hundred Dollars ($500.00) and the costs of the action for each and every
subsequent offense. Each continuing day of the violation shall be considered a separate
occurrence.
SECTION 13. MISCELLANEOUS PROVISIONS
13.1. Franchise Renewal.
Any renewal of this Franchise shall be performed in accordance with applicable federal,
State and local laws and regulations.
13.2. Work Performed by Others.
All applicable obligations of this Franchise shall apply to any subcontractor or others
performing any work or services pursuant to the provisions of this Franchise, however, in
no event shall any such subcontractor or other performing work obtain any rights to
maintain and operate the System, the I -Net and/or the DFOI or provide Cable Service.
The Grantee shall provide notice to the City of the name(s) and address(es) of any entity,
other than Grantee, which performs substantial services pursuant to this Franchise.
13.3. Amendment of Franchise Ordinance.
The Grantee and the City may agree, from time to time, to amend this Franchise. Such
written amendments may be made subsequent to a review session pursuant to Section 8.6
or at any other time if the City and the Grantee agree that such an amendment will be in
the public interest or if such an amendment is required due to changes in federal, State or
local laws. Provided, however, nothing herein shall restrict the City's exercise of its
police powers or the City's authority to unilaterally amend Franchise provisions to the
extent permitted by law.
13.4. Compliance with Federal, State and Local Laws.
13.4.1 If any federal or State law or regulation shall require or permit City or Grantee to
perform any service or act or shall prohibit City or Grantee from performing any
service or act which may be in conflict with the terms of this Franchise, then as
soon as possible following knowledge thereof, either party shall notify the other
of the point in conflict believed to exist between such law or regulation. Grantee
and City shall conform to State laws and rules regarding cable communications
not later than one (1) year after they become effective, unless otherwise stated,
and to conform to federal laws and regulations regarding cable as they become
effective.
13.4.2 In the event that federal or State laws, rules or regulations preempt a provision or
limit the enforceability of a provision of this Franchise, the provision shall be read
to be preempted to the extent and for the time, but only to the extent and for the
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time, required or necessitated by law. In the event such federal or State law, rule
or regulation is subsequently repealed, rescinded, amended or otherwise changed
so that the provision hereof that had been preempted is no longer preempted, such
provision shall thereupon return to full force and effect, and shall thereafter be
binding on the parties hereto, without the requirement of further action on the part
of the City or the Commission.
13.4.3 If any term, condition or provision of this Franchise or the application thereof to
any Person or circumstance (including the City, the Grantee and the Commission)
shall, to any extent, be held to be invalid or unenforceable, the remainder hereof
and the application of such term, condition or provision to Persons or
circumstances (including the City, the Grantee and the Commission) other than
those as to whom it shall be held invalid or unenforceable shall not be affected
thereby, and this Franchise and all the terms, provisions and conditions hereof
shall, in all other respects, continue to be effective and complied with provided
the loss of the invalid or unenforceable clause does not substantially alter the
agreement between the parties. In the event such law, rule or regulation is
subsequently repealed, rescinded, amended or otherwise changed so that the
provision which had been held invalid or modified is no longer in conflict with
the law, rules and regulations then in effect, said provision shall thereupon return
to full force and effect and shall thereafter be binding on Grantee and City without
further action by the City.
13.4.4 The City and the Grantee shall, at all times during the term of this Franchise,
including all extensions and renewals hereof, comply with applicable federal,
State and local laws and regulations.
13.5 Nonenforcement by City.
Grantee shall not be relieved of its obligations to comply with any of the provisions of
this Franchise by reason of any failure or delay of City to enforce prompt compliance.
City may only waive its rights hereunder by expressly so stating in writing. Any such
written waiver by City of a breach or violation of any provision of this Franchise shall not
operate as or be construed to be a waiver of any subsequent breach or violation.
13.6 Rights Cumulative.
All rights and remedies given to City and the Commission by this Franchise or retained
by City or the Commission herein shall be in addition to and cumulative with any and all
other rights and remedies, existing or implied, now or hereafter available to the City and
the Commission, at law or in equity, and such rights and remedies shall not be exclusive,
but each and every right and remedy specifically given by this Franchise or otherwise
existing or given may be exercised from time to time and as often and in such order as
may be deemed expedient by the City and the Commission and the exercise of one or
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more rights or remedies shall not be deemed a waiver of the right to exercise at the same
time or thereafter any other right or remedy.
13.7 Grantee Acknowledgment of Validity of Franchise.
The Grantee acknowledges that it has had an opportunity to review the terms and
conditions of this Franchise and that under current law Grantee believes that said terms
and conditions are not unreasonable or arbitrary, and that Grantee believes City has the
power to make the terms and conditions contained in this Franchise.
13.8 Force Maieure.
The Grantee shall not be deemed in default of provisions of this Franchise or the City
Code where performance was rendered impossible by war or riots, labor strikes or civil
disturbances, floods or other causes beyond the Grantee's control, and the Franchise shall
not be revoked or the Grantee penalized for such noncompliance, provided that the
Grantee, when possible, takes immediate and diligent steps to bring itself back into
compliance and to comply as soon as possible, under the circumstances, with the
Franchise without unduly endangering the health, safety and integrity of the Grantee's
employees or property, or the health, safety and integrity of the public, the Rights -of -
Way, public property or private property.
13.9 Governing Law.
This Franchise shall be governed in all respects by the laws of the State of Minnesota.
13.10. Captions and References.
13.10.1 The captions and headings of sections throughout this Franchise are intended
solely to facilitate reading and reference to the sections and provisions of this
Franchise. Such captions shall not affect the meaning or interpretation of this
Franchise.
13.10.2 When any provision of the City Code is expressly mentioned herein, such
reference shall not be construed to limit the applicability of any other provision
of the City Code that may also govern the particular matter in question.
13.11. Rights of Third Parties.
This Franchise is not intended to, and shall not be construed to, grant any rights to or vest
any rights in third parties, unless expressly provided herein.
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13.12. Merger of Documents.
This Franchise, and the attachments hereto, constitute the entire Franchise agreement
between the City and the Grantee, and supersede all prior oral or written franchises, drafts
and understandings.
SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
14.1 Publication.
This Franchise shall be published in accordance with applicable local and Minnesota law.
14.2 Acceptance.
14.2.1 Grantee shall accept this Franchise within sixty (60) days of its enactment by the
City Council and the enactment of a Franchise on substantially similar terms by
the other member municipalities of the Commission, unless the time for
acceptance is extended by the City. Such acceptance by the Grantee shall be
deemed the grant of this Franchise for all purposes; provided, however, this
Franchise shall not be effective until all City ordinance adoption procedures are
complied with and all applicable timelines have run for the adoption of a City
ordinance. In the event acceptance does not take place, or should all ordinance
adoption procedures and timelines not be completed, this Franchise and any and
all rights granted hereunder to the Grantee shall be null and void.
14.2.2 Upon acceptance of this Franchise, the Grantee and the City shall be bound by all
the terms and conditions contained herein. The Grantee agrees that this Franchise
is not inconsistent with applicable law or regulations at the time it is executed.
14.2.3 Grantee shall accept this Franchise in the following manner:
14.2.3.1 This Franchise will be properly executed and acknowledged by Grantee
and delivered to City.
14.2.3.2 With its acceptance, Grantee shall also deliver any performance bond
and insurance certificates required herein that are due but have not
previously been delivered.
65
— PRIVILEGED AND CONFIDENTIAL
ATTORNEY WORK PRODUCT
ATTORNEY -CLIENT PRIVILEGE
14.3 Binding Acceptance.
Attest:
'By:
Its:
This Franchise shall bind and benefit the parties hereto and their respective authorized
heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns.
Passed and adopted this 2 r. =� day of 0 , 2002.
CITY OF L ^ J 1-4K.c r , MINNESOTA
By:
Its:
ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions.
Dated: i/ / Z:790
MEDIAONE NORTH CENTRAL
COMMUNICATIONS CORP. D/B/A
AT&T BROADBAND
By(Th7
Its: -V
G:\NORTH METRO 10O29\RENEWAL\FRANCHISE ORDINANCE\NMTC FRANCHISE ORDINANCE (FLNAL).DOC
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EXHIBIT A
DESIGNATION OF SITES FOR HFC I -NET AND DARK FIBER INFRASTRUCTURE
Each site on this list shall be connected to the nearest I -Net Node via a bi-directional coaxial
cable line, except for Centennial (District 12) Area Learning Center, which shall only be
connected to the DFOI as described in Section 7.2 of this Franchise. Sites denoted with an
asterisk shall also be connected to the Dark Fiber Optic Infrastructure, as further described in
Section 7.2 of the Franchise.
Ham Lake
• Ham Lake City Hall —15544 Central Ave. NE
• Ham Lake Fire Department — 15544 Central Ave. NE
• Public Works - 15544 Central Ave. NE
• Senior Center — 15544 Central Ave. NE
Blaine
• Blaine High School — 12555 University Ave. NE
• Johnsville Elementary School — 991 125th Ave. NE
• Roosevelt Middle School — 650 NE Main Street
• Fire Station #5 — 1200 Paul Parkway
• Blaine Baseball Complex — 1150 Paul Parkway
• Fire Station #3 —1314 109th Ave. NE
• * New Blaine City Hall — 10801 Town Square Drive NE (both HFC and Dark Fiber)
• National Sports Center — (six pedestals at various locations on grounds)
• Blaine Public Works — 9150 Central Ave. NE
• * North Metro Media Center - 1630 101 st Ave. NE (both HFC and Dark Fiber)
• Westwood Elementary School — 701 91st Ave. NE
• Westwood Jr. High School 711 91St Ave. NE
• Fire Station #2 —1141 89th Ave. NE
• Fire Station #4 —10209 Lever St. NE
• Police Department — 9150 Central Ave. NE
• Fogarty Ice Center — 9250 Lincoln Ave. NE
• Old Blaine City Hall, Senior Center, Police Station — 9150 Central Ave. NE
Spring Lake Park
• Kenneth Hall Elementary School — 8089 Able Street NE
• Spring Lake Park Senior High School — 8000 Hwy. 65 NE
• * Spring Lake Park School District Headquarters — 8000 Hwy. 65 (both HFC and Dark
Fiber)
• Spring Lake Park City Hall — 1301 NE 81st Street
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• Spring Lake Park Municipal Liquor Store — 8101 Hwy. 65 NE
• Fire Department — 1710 Hwy. 10 NE
• * Blaine/Spring Lake Park Fire District Headquarters — 1710 Hwy. 10 NE (both HFC
and Dark Fiber)
LexinSton
• Fire Department — 3801 Restwood Road
• Lexington City Hall — 4175 Lovell Road
• Lexington Municipal Liquor Store — 9271 Lake Drive
Circle Pines
• Centennial Elementary School — 4707 North Road
• Centennial Middle School — 4881 101sY St. NE
• Centennial High School — 4707 North Road
• * Centennial School District Headquarters — 4707 North Road (both HFC and Dark
Fiber)
• Fire Station #4 — 2 East Road
• Public Works — 760 Civic Heights Drive
• * City Hall — 200 Civic Heights Circle (both HFC and Dark Fiber)
• * Anoka County Library — 100 Civic Heights Circle (both HFC and Dark Fiber)
• Golden Lake Elementary School — 1 School Road
• Police — 200 Civic Heights Circle
• * Centennial (District 12) Area Learning Center — 9803 Lexington (Dark Fiber only; not
HFC)
Lino Lakes
• Rice Lake Elementary School — 575 Birch Street
• Centennial Middle School — 399 Elm Street
• * Lino Lakes City Hall — 600 Town Center Parkway (both HFC and Dark Fiber)
• * Centennial Fire District Headquarters — 7741 Lake Drive (both HFC and Dark Fiber)
• Fire Station — 7741 Lake Drive
• Lino Lakes Elementary School — 725 Main Street
• Public Works — 1189 Main Street
• Police — 600 Town Center Parkway
Centerville
• Centerville Elementary School — 1721 Westview
• City Hall — 1880 Main Street
• Fire Department — 1880 Main Street
G:\North Metro 10029\Renewal\Franchise Ordinance\Exhibit A — I -Net Site List (Final).doc
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EXHIBIT B
NORTH METRO I -NET AND DFOI PERFORMANCE STANDARDS
Upon completion of the Institutional Network upgrade and the DFOI specified in Section 7 of
this Franchise, the Institutional Network and the DFOI shall at all times meet or exceed the
following performance standards:
I. HFC-Based Institutional Communications
A. Transmissions on the I -Net shall comply with the following performance
standards (combined upstream and downstream performance):
1. Carrier to noise ratio = 45 dB or better.
2. Carrier to composite triple beat = minus 53 dB or better.
3. Carrier to composite second order = minus 55 dB or better.
4. Carrier to cross modulation = minus 55 dB or better.
5. Hum modulation = <3%.
6. System signal variations (peak to valley) = N/10+2 or better for all coaxial
cable portions of the I -Net (where N = the number of amplifiers in
cascade).
7. In -Channel Frequency Response (Downstream or Upstream) — Under
worst -case conditions, the in -channel frequency response for either
upstream or downstream channels shall be less than or equal to 3 dB (+1.5
dB).
8. Signal Levels (Downstream) — Minimum signal level received at the
demarcation point of any HFC I -Net Site will always meet or exceed 10
dBmV. Notwithstanding this requirement, the Grantee shall always work
with the I -Net User to ensure successful reception of video, voice and data
communications at each I -Net site.
9. Signal Levels (Upstream) — The Grantee shall always work with I -Net
Users to ensure that the input signal level received upstream on any of the
I -Net channels at the amplifiers, Nodes and hubs serving the North Metro
Franchise Area will facilitate successful transmission of video, voice and
data communications on the I -Net. In relation to this requirement, the
Grantee shall ensure that its system inputs are compatible with the output
capabilities of typical video, voice and data -over -cable equipment
designed for use on hybrid fiber -coaxial networks.
B. Testing shall occur as follows, at least twice annually (once during the typical
coldest month in the North Metro Franchise Area, and once during the typical
hottest month within the North Metro Franchise Area):
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1. from furthest HFC I -Net Site to furthest HFC I -Net Site related to the
performance of interactive video and data -over -cable communications;
and
2. from the furthest HFC I -Net Site to the longest subscriber cascade.
All testing performed hereunder shall use carriers that are representative of those
on the I -Net. If this subjects the I -Net to service interruptions, the Grantee shall
work with I -Net Users to minimize the impact of such interruptions. Testing shall
be completed at the mutually agreed upon entry demarcation point at the HFC I -
Net Site. The I -Net shall meet all the standards set forth herein under full loading
and any combination of analog video, audio, and digital channels.
II. Dark Fiber Optic Infrastructure (DFOI)
Optical Cabling Characteristics — Maximum loss shall not exceed manufacturer's passive
attenuation, adjusted for cable length, splice loss and connector loss. Typical cable
attenuation at 1550 nm shall be less than or equal to .25 dB per kilometer. Typical cable
attenuation at 1310 nm shall be less than or equal to .35 dB per kilometer. Typical splice
loss shall be less than or equal to .2 dB. Maximum connector pair loss shall be less than
or equal to .75 dB. Where the loss characteristics of any link exceed the typical
parameters described herein, and Dark Fiber Infrastructure Users and any Additional
DFOI Users cannot successfully transmit video, voice and data communications across
the DFOI link using equipment consistent with accepted industry standards, then the
Grantee shall make necessary adjustments in the DFOI link such that it will enable
successful operation for the Dark Fiber Infrastructure User and/or Additional DFOI User.
III. Network Availability
A. I -Net and DFOI network availability shall be equal to or better than 99.965%, as
measured on an annual basis for the entire I -Net and for the DFOI.
Notwithstanding the foregoing, once any individual site falls below a network
availability of 99.9% (no more than 530 minutes of network downtime per site),
the Grantee shall take immediate action to determine whether an inherent or
chronic system problem is affecting that site. If such a problem is identified, the
Grantee shall work continuously to resolve the problem, so that such site achieves
the best -case network availability as measured for any other I -Net or DFOI site.
B. The I -Net and the DFOI shall be defined as "unavailable" under the standards
herein when a user:
1. cannot, because of a Grantee network component problem, transmit video,
voice and/or data communications to, from and/or on the network; and/or
B-2
2. experiences, due to a Grantee network component problem, video, voice
and data transmissions that are below the standards set forth in this Exhibit
and elsewhere in this Franchise; and/or
3. experiences, due to a Grantee network component problem, a data
communications packet loss of greater than ten (10) percent.
C. For purposes of this availability standard, I -Net and DFOI problems shall not be
defined as: infrequent scheduled preventative maintenance as long as I -Net Users,
Dark Fiber Infrastructure Users and/or Additional DFOI Users, as appropriate, are
notified well in advance according to the provisions of this Exhibit, user contracts,
and the provisions of this Franchise. Except as otherwise provided for herein,
network availability is subject to the force majeure provisions of the Franchise
and those conditions which are not with the control of the Grantee. However,
network downtime shall include, but not be limited to, network failures caused by:
third party actions; commercial power outages of a typical, non -catastrophic
nature; and power failures and other disturbances caused by weather occurrences
typical to the North Metro Franchise Area. The Grantee shall comply with the
requirements of the Franchise and this Exhibit to restore service following any of
these occurrences. The Grantee shall give the City, the Commission and affected
I -Net Users, Dark Fiber Infrastructure Users and Additional DFOI Users notice in
the event of any of the foregoing occurrences.
IV. Repair and Maintenance
A. The Grantee shall maintain, repair, reconstruct and, as necessary, replace I -Net
and DFOI plant and facilities (both fiber optic and coaxial) as described below, at
no cost to the City, Commission, I -Net Users, Dark Fiber Infrastructure Users or
Additional DFOI Users during the term of this Franchise or any extension thereof.
The Grantee shall provide technical support on a 7 x 24 x 365 (24 hour a day)
basis. Within ten (10) minutes of receiving notice or otherwise learning of a
maintenance or repair problem, the Grantee's technicians shall begin actively
working on the problem. Under Normal Operating Conditions, the initial page to
the technician on call for I -Net and DFOI problems will be within a 10 minute
time frame. The Grantee shall work on the problem continuously until it is
resolved. Notwithstanding the foregoing, the Grantee shall meet the network
availability standard described in this Exhibit B.
B. Fiber, over and above that which is required by Section 7 of this Franchise, may
be incorporated, where necessary to further reduce amplifier cascades to meet
performance standards. Where possible, fiber Nodes may be located within the
building or facility of the I -Net User.
C. Preventive and routine maintenance on the I -Net and the DFOI shall be performed
to ensure that it meets all performance criteria specified herein and in the
Franchise. Actual or potential problems discovered in the course of preventive
B-3
and routine maintenance shall be logged and upon request made available to the
Commission. If requested by the Commission, the Grantee shall, within a
reasonable period of time, prepare and transmit a report to the Commission
describing the corrective action, if any, that was taken to rectify a logged problem
or logged problems. I -Net Users, Dark Fiber Infrastructure Users and/or
Additional DFOI Users, as appropriate, shall be notified at least seven (7)
calendar days in advance of any scheduled maintenance that will interrupt service
on the I -Net and/or the DFOI, unless I -Net Users, Dark Fiber Infrastructure Users
and/or Additional DFOI Users, as appropriate, agree to waive such notice. Where
possible, such maintenance shall be scheduled at times of low usage.
D. The Grantee shall provide an appropriate complement of administrative, headend
and field personnel at all times to meet the performance criteria specified in this
Franchise (including, but not limited to, the criteria specified herein).
E. The Grantee shall establish mechanisms and procedures for I -Net Users, Dark
Fiber Infrastructure Users and Additional DFOI Users to quickly and easily report
all I -Net and DFOI problems. All trouble or service calls shall be documented,
processed and completed in accordance with this Franchise (including these
standards) or in an expedient manner, whichever is sooner. I -Net Users, Dark
Fiber Infrastructure Users and Additional DFOI Users shall be provided with
copies of maintenance/trouble reports and resolutions that affect their particular
sites.
V. Demarcation Point
The transition point where the I -Net cable or DFOI cable interconnects between the
Grantee's cable and the institutional facility's infrastructure shall be defined as the
demarcation point. The transition point may vary upon each location, and as such, will
be mutually agreed to by both parties.
VI. Network Performance Shall Always Enable Successful Operation
Notwithstanding the performance specifications detailed in the Franchise, including this
Exhibit B, the performance of the upstream and downstream channels shall at all times
enable successful operation of I -Net User/Dark Fiber Infrastructure User/Additional
DFOI User video, voice and data communications.
GANorth Metro 10029\Renewal\Franchise Ordinance\Exhibit B- I -Net Perf Stds (Final).doc
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EXHIBIT C
FREE SUBSCRIBER NETWORK DROPS AND CABLE SERVICE TO INSTITUTIONS
Blaine:
City Hall — 9150 Central Ave, NE
New Blaine City Hall — 109th Avenue and Radisson
Police Department — 9150 Central Ave NE
Senior Center 9150 Central Ave. NE
Public Works — 9150 Central Ave. NE
Fire Station #2 —1141 89th Ave. NE
Fire Station #3 —1314 109th Ave. NE.
Fire Station #4 —10209 Lever St. NE.
Fire Station #5 — 1200 Paul Parkway
National Sports Center — 1700 105th Ave. NE
Fogarty Ice Center — 9250 Lincoln Ave. NE.
Jefferson Elementary —11331 Jefferson St. NE
Johnsville Elementary — 991 125th Ave. NE
Madison Elementary — 650 Territorial Rd. NE.
University Elementary — 9901 University Ave. NE.
Roosevelt Elementary — 650 Main St. NE
Blaine High School —12555 University Ave. NE
Westwood Elementary 701 91st. Ave. NE
Westwood Middle School — 711 91st Ave. NE
Calvin Christian School — 8966 Pierce St. NE
North Metro Media Center — 1630 101 st Ave NE
North Metro Telecommunications Commission Office — 1630 l O l st Ave. NE
Centerville:
City Hall — 1880 Main St.
Fire Department — 1880 Main St.
Centerville Elementary — 1721 Westview
Circle Pines:
City Hall — 200 Civic Heights Circle
Police — 200 Civic Heights Circle
Centennial Elementary — 4707 North Road
Centennial Middle School — 4707 North Road
Centennial High School - 4704 North Road
Centennial School Dist. Headquarters — 4707 North Road
Golden Lake Elementary — 1 School Road
Fire — 2 East Rd
Anoka County Library — 100 Civic Heights Circle
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Public Works — 760 Civic Heights Circle
Ham Lake:
City Hall — 15544 Central Ave NE
Fire — 15544 Central Ave. NE
Public Works — 15544 Central Ave. NE
Senior Center — 15544 Central Ave. NE
McKinley Elementary — 1740 Constance Blvd
Lexington:
City Hall — 4175 Lovell Rd
Fire — 38-1 Restwood Rd
*Municipal Liquor Store — 9271 Lake Drive
*Public Works — 9100 Hamline Rd
Lino Lakes:
City Hall — 600 Town Center Parkway
Police — 600 Town Center Parkway
Public Works — 1189 Main Street
Fire — 7741 Lake Drive
Centennial Fire District Office — 7741 Lake Drive
Rice Lake Elementary — 575 Birch St
Lino Lakes Elementary — 725 Main St.
Centennial Middle School — 399 Elm St.
Spring Lake Park:
Spring Lake Park School Dist. Office — 8000 Hwy 65 — 8801 Able St. NE
City Hall — 1301 NE 81 st Ave.
Fire Station # 1 1710 Hwy 10 NE
Fire District Headquarters — 1710 Hwy 10 NE
Park Terrace Elementary — 8301 NE Terrace Rd
Kenneth Hall Elementary — 8089 Able NE
Spring Lake Park High — 8801 Able Street NE
Prince of Peace School — 7700 Monroe St NE
Woodcrest Elementary — 880 Osborne Rd. NE
*Municipal Liquor Store — 8101 Hwy 65 NE
Facilities denoted with an asterisk are not currently connected to the subscriber network. These
facilities will be connected to the subscriber network as part of the System Upgrade, and will
receive a free subscriber network Drop and outlet, and free Basic Cable Service, in accordance
.-� with § § 7.7.1 and 7.7.2 of the Franchise.
G:JNorth Metro 10029\Renewal\Franchise Ordinance\Exhibit C - Sub Net Drops (Final).doc
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