08-249 Cable Franchise Agreement

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B-2 e. Comcast will agree to continue to make dark fiber connections now available to the Commission and City, and to repair and maintain those connections so that the fiber connections satisfy manufacturer’s specifications. For 24 months after the Effective Date of the Franchise, there will be no charge to Commission or City for the connections; thereafter, Grantee will charge $330 per site per month for the initial term of this Franchise. Commission and City may terminate use of the dark fiber at any time. Grantee agrees not to contest the internal accounting treatment (whether operating or capital support) of the Commission’s use of PEG funding for the payment of the charges under this paragraph. Nothing herein prevents Commission or City from entering into a different arrangement for dark fiber or for managed services, including, for example, long-term contracts at discounted rates. By December 1, 2022, Grantee will provide the City and Commission a proposed Comcast Business Services agreement for dark fiber services at the monthly pricing set forth above. The parties may negotiate other terms and conditions to be included in the Comcast Business Services agreement, other than the monthly recurring charge. If the parties are unable to reach agreement on other terms and conditions included in the Comcast Business Services agreement prior to the end of the 24-month period above, Comcast’s obligation to continue providing dark fiber services shall terminate at the end of the 24-month period, and the City or Commission may purchase dark fiber or managed services from a different provider. This shall not affect the City’s right to terminate use of the dark fiber at any time, or its right to terminate use of the dark fiber for some but not all of the buildings within its jurisdiction that use it.