HomeMy WebLinkAbout2002-011 Council OrdinancesCITY OF LINO LAKES
ORDINANCE NO. 11-02
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.
WHEREAS, the City Council of Lino Lakes has determined to renew their Cable Franchise
Agreement with AT & T Broadband; and
WHEREAS, a public hearing and first reading was held on October 14, 2002 before the City
Council in the City Hall Council Chambers after duly published and posted notice was given, and;
WHEREAS, it appears to be in the best interests of the City to enter into this renewal agreement,
and;
WHEREAS, the City Council has concurred to publish a summary of the Ordinance in the following
format;
NOW, THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS:
RENEWAL FRANCHISE ORDINANCE SUMMARY
On October 28, 2002, the City of Lino Lakes, Minnesota (the "City"), adopted on second
reading Ordinance No. 11-02, which grants a franchise to MediaOne North Central
Communications Corp. d/b/a AT&T Broadband. Among other things, Ordinance No. 11-02
does:
*Permit AT&T Broadband to use the City's public rights-of-way to provide cable service to
subscribers in the City for a period of fifteen years from the effective date of the franchise;
•Require AT&T Broadband to comply with applicable federal, state and local law;
•Impose conditions on AT&T Broadband's use of City public rights-of-way;
•Obligate AT&T Broadband to follow all applicable safety practices required by law;
•Allow the City to use AT&T Broadband's poles, ducts and conduits, free of charge, for
noncommercial purposes;
•Require a cable system upgrade that ensures AT&T Broadband's network is state-of-the-art and
capable of providing advanced services;
•Require the system to have a minimum analog channel capacity of at least 78 channels, plus
additional capacity for digital and other services;
•Impose a deadline of July 15, 2004, for AT&T Broadband to complete the system upgrade;
•Obligate AT&T Broadband to provide and install, free of charge, equipment. that permits the City
to activate the emergency alert system in the event of an emergency;
*Impose a density requirement for the extension of AT&T Broadband's cable system to businesses
and residences requesting cable service;
•Ensure that underserved areas in Blaine, Ham Lake and Lino Lakes are served by the cable
system, regardless of building density;
•Require AT&T Broadband to operate, maintain and test its cable system in accordance with
applicable standards and regulations;
•Empower the City to regulate cable service rates, to the extent permitted by law and regulation;
•Set forth customer service standards that AT&T Broadband must follow at all times, including
telephone answering standards, appointment windows and subscriber inquiry and complaint
procedures.
•Require AT&T Broadband to make six channels available to the North Metro
Telecommunications Commission (the "Commission") on the cable system for public, educational,
governmental and religious access use;
•Obligate AT&T Broadband to pay a fee to the Commission, on a quarterly basis, to
support public, educational, governmental and religious access programming;
*Release the Commission from repaying possible PEG fee overpayments that may be due to AT&T
Broadband as of December 31, 2001;
•Require AT&T Broadband to upgrade the existing coaxial institutional network to a hybrid fiber -
coaxial network at no cost to the City or the Commission. This network would serve the municipal sites
denoted in the franchise documents, and would be capable of carrying video, voice and data signals;
•Obligate AT&T Broadband to provide dark fiber-optic lines to certain municipal locations denoted in the
franchise documents, at no cost to the City. As with the hybrid -fiber coaxial network, the dark fiber
infrastructure would be capable of carrying video, voice and data signals;
•Require AT&T Broadband to provide free cable drops and outlets and free basic cable service to
specified institutions;
•Require AT&T Broadband to pay to the City or its designee a quarterly franchise fee equal to 5% of
AT&T Broadband's gross revenues;
•Obligate AT&T Broadband to furnish a performance bond and letter of credit to the Commission.
Both the bond and the letter of credit would secure AT&T Broadband's performance and obligations
under the franchise documents;
•Establish a process by which the City and/or the Commission may make withdrawals from the letter of
credit and/or the performance bond in the event of a franchise violation or in the event amounts are owed to
the City and/or the Commission;
•Require AT&T Broadband to indemnify the City and the Commission for losses and
damages arising out of the construction, operation and repair of the cable system;
•Mandate that AT&T Broadband carry certain types and levels of insurance, and that the City and the
Commission be named additional insureds;
•Set forth the circumstances and procedures under which the City may revoke AT&T Broadband's
franchise;
•Place limitations on AT&T Broadband's ability to sell, transfer or assign its franchise to another entity;
•Prohibit discrimination by AT & T Broadband on the basis of color, religion, national origin, sex, age,
affectional preference, disability or status as to public assistance; and
*Impose requirements designed to protect subscriber privacy.
The motion for passage on second reading of the foregoing ordinance was made by Councilmember Carlson.
The motion was duly seconded by Councilmember Reinert.
Upon roll call vote, five Councilmembers voted aye. No members voted nay. The Ordinance passed
unanimously. Passed by the Lino Lakes City Council this 28th day of October, 2002.
Jo J. B rgeson, Mayor
ATTEST:
Ann Blair, City 1lerk
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 101St 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)
Lexington
• 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 101st St. NE
• Centennial High School — 4707 North Road
• * Centennial School District Headquarters — 4707 North Road (both HFC and Dark
Fiber)
• Fire Station tt'I — 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
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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
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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
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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.
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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 90. Ave. NE
Westwood Middle School — 711 91st Ave. NE
Calvin Christian School — 8966 Pierce St. NE
North Metro Media Center —1630 101St Ave NE
North Metro Telecommunications Commission Office — 1630 101St 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 81st 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.
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