HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-050CITY OF LAKE ELMO
WASIUNGTON COUNTY, MINNESOTA
ORDINANCE NO.97-50
CITY OF LAKE ELMO
CABLE TELEVISION FRANCHISE ORDINANCE
Date: August 3, 1999
Prepared by:
Thomas D. Creighton
Bernick and Lifson, P.A.
1200 The Colonnade
5500 Wayzata Boulevard
Minneapolis, Minnesota 55416
Telephone: (612) 546-1200
Facsimile: (612) 546-1003
TABLE OF CONTENTS
STATEMENT OF INTENT AND PURPOSE ..................................... 1
FINDINGS..................................................................1
SECTION1..................................................................2
SHORT TITLE AND DEFINITIONS ...................................... 2
1. Short Title.................................................2
2. Definitions.................................................2
SECTION 2.................................. c
GRANT OF AUTHORITY AND GENERAL PROVISIONS .................. 5
1. Grant of Franchise..........................................5
2. Grant of Nonexclusive Authority . ............................. 5
3. Lease or Assignment Prohibited . .............................. 6
4. Franchise Term.............................................6
5. Previous Franchises.........................................6
6. Compliance with Applicable Laws. Resolutions and Ordinances. ... 6
7. Rules of Grantee . ........................................... 8
8. Territorial Area Involved ..................................... 8
9. Written Notice .............................................. 8
SECTION3..................................................................9
CONSTRUCTION STANDARDS ......................................... 9
1. Registration. Permits and Construction Codes . .................. 9
2. Repair of Rights -of -Way and Property .......................... 9
3. Conditions on Right -of -Way Use ............................... 9
4. Undergrounding of Cable...................................10
5. Installation of Facilities . .................................... 11
6. Safety Requirements ........................................ 11
SECTION 4
.................................................................11
DESIGN PROVISIONS
................................................11
1.
Svstem Upgrade
...........................................11
2.
Interconnection
............................................12
3.
High -Speed Services........................................14
4.
Construction Timetable . ....................................
14
5.
Interruption of Service ......................................
15
6.
Technical Standards........................................15
7.
Special Testing
15
.............................................
8.
Drop Testing and Replacement ...............................
16
9.
FCC Reports
..............................................16
10.
Nonvoice Return Capability
16
..................................
11.
Lockout Device............................:...............16
SECTION9................................................................. 27
GENERAL FINANCIAL AND INSURANCE PROVISIONS ................. 27
1. Performance Bond.........................................27
2. Letter of Credit ............................................ 28
3. Indemnification of City ...................................... 30
4. Insurance.................................................31
SECTION10................................................................32
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
............32
1. Citv's Right to Revoke......................................32
2. Procedures for Revocation...................................32
3. Abandonment of Service . ................................... 32
4. Removal After Abandonment. Termination or Forfeiture......... 33
5. Sale or Transfer of Franchise . ............................... 33
SECTION11................................................................35
PROTECTION OF INDIVIDUAL RIGHTS ............................... 35
1. Discriminatory Practices Prohibited ........................... 35
2. Subscriber Privacy.........................................35
SECTION12................................................................36
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS ............... 36
1. Unauthorized Connections or Modifications Prohibited. ......... 36
2. Removal or Destruction Prohibited . .......................... 36
3. Penal ...................................................36
SECTION13................................................................37
MISCELLANEOUS PROVISIONS ...................................... 37
1. Franchise Renewal.........................................37
2. Work Performed by Others .................................. 37
3. Amendment of Franchise Ordinance . ......................... 37
4. Compliance with Federal. State and Local Laws ................. 37
5. Nonenforcement by City ..................................... 38
6. Rights Cumulative . ........................................ 38
7. Grantee Acknowledgment of Validity of Franchise ............. 38
SECTION14................................................................38
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS ....... 38
1. Publication: Effective Date ................................... 38
2. Acceptance................................................38
SECTION5................................................................. 16
SERVICE PROVISIONS ............................................... 16
1. Video Programming ........................................16
2. Regulation of Service Rates . ................................. 16
3. Non -Standard Installations..................................17
4. Sales Procedures...........................................17
5. Subscriber Inquiry and Complaint Procedures .................. 17
6. Subscriber Contracts . ...................................... 18
7. Refund Policy.............................................18
S. Late Fees.................................................18
SECTION6.................................................................18
ACCESS CHANNEL(S) PROVISIONS ................................... 18
1. Public. Educational and Government Access .................... 18
2. Charges for Use............................................20
3. Access Rules...............................................20
4. Access Support............................................20
5. Studio Locations...........................................21
6. Regional Channel 6......................................... 21
7. State and Federal Law Compliance . .................... 21
S. Government Access Capital Grant ............................ 22
lSECTION 7.................................................................22
INSTITUTIONAL NETWORK (I -NET) PROVISIONS
AND RELATED COMMITMENTS ................................ 22
1. Institutional Network Capacity ............................... 22
2. I -Net Connection Requirements . ............................. 23
3. Fiber to the Institution Requirements .......................... 23
4. Fiber Activation Requirements ............................... 23
5. I -Net Service Charges ....................................... 23
6. Grantee's Use of I -Net Capacity . ............................. 23
7. I -Net Interface Equipment and Other Capital Commitments...... 24
S. I -Net Performance Standards................................24
9. Subscriber Network Drops to Designated Buildings .............. 24
SECTION8.................................................................25
OPERATION AND ADMINISTRATION PROVISIONS .................... 25
1. Administration of Franchise . ................................ 25
2. Delegated Authority . ....................................... 25
3. Franchise Fee..............................................25
4. Access to Records..........................................26
5. Reports and Maps to be Filed with City ........................ 26
6. Periodic Evaluation ......................................... 26
ORDINANCE NO.97-50
AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL
COMMUNICATIONS CORP. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
SYSTEM IN THE CITY OF LAKE ELMO; 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 Lake Elm 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 desires 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 development 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.
I
SECTION 1.
SHORT TITLE AND DEFINITIONS
1. Short Title. This Franchise Ordinance shall be known and cited as the Cable Franchise
Ordinance.
2. Definitions. For the purposes of this Franchise, the following terms, phrases, words,
and their derivations shall have the meaning given herein, When not inconsistent
with the context, words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory. The word "may" is directory
and discretionary and not mandatory.
a. "Basic Cable Service" means any service tier which includes the lawful
retransmission of local television broadcast signals and any public, educational, and
governmental access programming required by the 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).
b. "City" means City of Lake Elmo, a municipal corporation, in the State of
Minnesota, acting by and through its City Council, or its lawfully appointed
designee.
G. "Gifu Council" means the governing body of the City.
d. "Cable Service" or "Service" means "Cable Service" as defined by Minn. Stat. §
238.01 et seq. and 47 U.S.0 § 521 et seq., as may be amended from time to time,
including cable modem service to the extent consistent with federal law, but also
including Institutional Network services.
e. "Cable System" or "System" means a network or facility consisting of antennas,
fiber optic cables, transmitters and receivers, cables and amplifiers, towers,
microwave transmission links, cablecasting studios, power supplies, pedestals, and
any other conductors, converters, equipment or other facilities, designed and
constructed for the purpose of producing, receiving, amplifying, storing, processing,
switching, or distributing audio, video, or data signals, including digital or other
forms of electronic signals, to customers within the City. System as defined herein
shall not be inconsistent with the definitions set forth in Minn. Stat. § 238.02, subd. 3
and 47 U.S.C. § 522(7).
f. "Class IV Cable Channel" means a signaling path provided by a Cable System to
transmit signals of any type from a Subscriber terminal to another point in the
System.
g. "Commercial Need" or "Marketalace Need" means such need or market
demand which Grantee independently determines or City and Grantee may
jointly determine requires action or performance by Grantee as specifically
set forth in this Franchise. Any such joint determination shall be based upon
evidence and information presented by City, Grantee and other interested
parties at a duly noticed public proceeding. Grantee shall have an
opportunity to present evidence regarding the level of market demand, the
cost of meeting such demand and the availability of technologies to meet
such demand. Any decision regarding Commercial or Marketplace Need
which requires action by Grantee shall not be unreasonable.
h. "Commission" means the Ramsey/Washington Counties Suburban Cable
Communications Commission II, a municipal joint powers consortium
comprised of the municipalities of Birchwood, Dellwood, Grant, Lake Elmo,
Mahtomedi, Maplewood, North St. Paul, Oakdale, Vadnais Heights, White
Bear Lake, White Bear Township and Willemie, 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 ratato the City, pursuant to a transition agreement to be negotiated
at such time by and between City, Commission and Grantee. The total
burden of Grantee's obligations under this Franchise and Grantee's Franchise
with the other member cities of Commission shall not be increased as a result
of any such withdrawal.
i. "Converter" means an electronic device which converts signals to a
frequency acceptable to a television receiver of a Subscriber and by an
appropriate selector permits a Subscriber to view all Subscriber signals
included in the service.
j. "Droo" means the cable that connects the ground block on the Subscriber's
residence or institution to the nearest feeder cable of the System.
k. "FCC" means the Federal Communications Commission and any legally
appointed, designated or elected agent or successor.
1. "Franchise" or "Cable Franchise" means this ordinance and the regulatory
and contractual relationship established hereby.
In. "Grantee" is MediaOne North Central Communications Corp., its lawful
successors, transferees or assignees.
n. "Gross Revenues" means all revenue received directly or indirectly by the
Grantee, its affiliates, subsidiaries, parent, or person in which Grantee has
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financial interest of five percent (5%) or more, from operation of its System
within City to provide Cable Services including, but not limited to, all Cable
Service fees, Franchise Fees, PEG Fees, late fees, Installation and
reconnection fees, upgrade and downgrade fees, Converter rental fees,
Lockout Device fees, fees related to commercial and institutional usage ofthe
I -Net, Internet access, cable modem service fees, and interest. The term
Gross Revenues shall not include advertising revenues, FCC regulatory fees,
bad debt, or any taxes on services furnished by Grantee imposed by any
municipality, state, or other governmental unit or refundable subscriber
deposits.
o. "Installation" means the connection of the System from feeder cable to the
point of connection with the Subscriber Converter or other terminal
equipment.
p. "Institutional Network" or "I -Net" means the discrete communications
network and services related to such network provided by Grantee to
identified institutions as required by this Franchise.
q. "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.
r. "Memorandum of Understandin " or "MOU" means that certain
agreement dated March 9, 1995 regarding PEG access funding, creation of
a "PEG Fee" and certain rate regulatory issues.
s. "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, and all necessary
equipment related to such transition point.
t. "Ramsey/Washington System" means the Cable System operated pursuant
to this Franchise and located in the member municipalities of the
Commission.
U. "Pay Television" means the delivery over the System of pay -per -channel or
pay -per -program video signals to Subscribers for a fee or charge, in addition
to the charge for other Basic Cable Services or other Cable Services.
v. "Person" is any person, firm, partnership, association, corporation,
company, or other legal entity.
W. "Proposal" means the Proposal for Franchise Renewal dated August 19,
1997, submitted to the Commission by MediaOne which is incorporated
herein by reference and attached hereto as Exhibit A.
X. 'Bight-of-Wav" or "Rights-of-Wav" means the area on, below, or above
any real property in City in which the City has an interest, and any public
street, road, highway, freeway, lane, path, public way, alley, court, sidewalk,
boulevard, drive, bridge, tunnel waterway, easement or right-of-way,
Parkway, park, skyway, or any other place, area, or real property owned by
or under the control of City, or dedicated for use by City, use by the general
public or use compatible with Cable System operations, including other
dedicated Rights -of -Way for travel purposes and utility easements.
Y. "Ri ht-of-Wav Ordinance" means any ordinance of City codifying
requirements regarding regulation, management and use of Rights -of -Way
in City, including registration and permitting requirements.
Z. "Standard Installation" means any residential installation which can be
completed using a Drop of 250 feet or less.
aa. "Subscriber" means any Person who lawfully receives service via the
System. In the case of multiple office buildings or multiple dwelling units,
the "Subscriber" means the lessee, tenant or occupant.
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS
Grant of Franchise. This Franchise is granted pursuant to the terms and conditions
contained herein. Grantee shall comply with all provisions of its Proposal. Failure
of Grantee to provide a System as described in its Proposal, or meet obligations and
comply with all provisions therein, may be deemed a violation of this Franchise.
2. Grant of Nonexclusive Authority.
a. The Grantee shall have the right and privilege, subject to the permitting and
other lawful requirements of City ordinance, rule or procedure, to construct,
erect, install, operate, upgrade, repair, replace, reconstruct, rebuild, maintain
and retain in, upon, along, across, above, over and under the Rights -of -Way
in City a Cable System and shall have the right and privilege to provide
Cable Service. The System constructed and maintained by Grantee or its
agents shall not interfere with other uses of the Rights -of -Way. Grantee shall
make use of existing poles and other above and below facilities available to
Grantee to the extent it is technically and economically feasible to do so.
b. Notwithstanding the above grant to use Rights -of -Way, no Right -of -Way
shall be used by Grantee if 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.
C. This Franchise and the right it grants to use and occupy the Public Rights -of -
Way shall not be exclusive and this Franchise does not, explicitly or
implicitly, preclude the issuance of other franchises or similar authorization
to operate Cable Systems within a Member City. Provided, however, that
Grantor shall not authorize or permit another Person 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 Grantee.
d. In the event another Person operates a Cable System authorized by Grantor
on terms and conditions that are, taken as a whole, more favorable or less
burdensome than the terms and conditions applicable to Grantee under this
Franchise, the Grantor shall adj ust any such terms and conditions in any other
provider's authorization or this Franchise so that the terms and conditions
under which such other Person operates, taken as a whole, are not more
favorable or less burdensome than those that are applied to Grantee.
3. Lease or Assignment Prohibited. No Person may lease Grantee's System for the
purpose of providing 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 use
of the System to provide Cable Services, to the extent those would be such a
requirement under this Franchise if 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.
4. Franchise Term. This Franchise shall be in effect for a period of fifteen (15) years
from the date of acceptance by Grantee, unless sooner renewed, revoked or
terminated as herein provided.
5. Previous Franchises. Upon acceptance by Grantee as required by Section 13 herein,
this Franchise shall supersede and replace any previous Ordinance granting a
Franchise to Grantee.
6. Compliance with Applicable Laws. Resolutions and Ordinances.
a. The terms of this Franchise shall define the contractual rights and obligations
of Grantee with respect to the provision of Cable Service and operation of the
System in City. However, the Grantee shall at all times during the term of
this Franchise be subject to all lawful exercise of the police power, local
generally applicable ordinance authority, and eminent domain rights of City.
n.
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 City's police power, 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 Grantee as provided in
Section 13.3 herein.
b. Grantee shall comply with the terms of any City ordinance or regulation of
general applicability which addresses usage ofthe Rights -of -Way within City
which may have the effect of superseding, modifying or amending the terms
of Section 3 and/or Section 8.5(c) herein, except that 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
which exceed burdens on similarly situated Rights -of -Way users.
C. In the event of any conflict between Section 3 and/or Section 8.5(c) 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(c) of this Franchise shall be superseded by such City
ordinance or regulation, except that 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 which exceed burdens on
similarly situated Rights -of -Way users.
d. 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(c) of this Franchise, Grantee shall comply with such ordinance or
regulation of general applicability, regardless of which requirement was first
adopted except that 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 which exceed burdens on similarly
situated Rights -of -Way users.
e. In the event Grantee cannot determine howto comply with any Right -of -Way
requirement of City, whether pursuant to this Franchise or other requirement,
Grantee shall immediately provide written notice of such question, including
Grantee's proposed interpretation, to the City with copy to the Commission,
in accordance with Section 2.9. The City or Commission shall provide a
written response within fourteen (14) days of receipt indicating how the
requirements cited by Grantee apply. Grantee may proceed in accordance
with its proposed interpretation in the event a written response is not received
within seventeen (17) days of mailing or delivering such written question.
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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 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, City, or any other body having lawful jurisdiction.
8. Territorial Area Involved. This Franchise is granted for the corporate boundaries
of City, as it exists from time to time. In the event of annexation by City, or as
development occurs, any new territory shall become part of the territory for which
this Franchise is granted provided, however, that Grantee shall not be required to
extend service beyond its present System boundaries unless there is a minimum of
50 homes per cable mile for underground plant and 35 homes per cable mile for
overhead plant. Access to cable service shall not be denied to any group of potential
residential cable Subscribers because of the income of the residents of the area in
which such group resides. 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 not to exceed twelve (12) months from notice thereof by City to Grantee
and qualification pursuant to the density requirements of this Subsection 8.
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 Grantee or
City's Administrator of this Franchise 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 Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Attention: City Administrator
With copies to: Ramsey/Washington Suburban Cable Commission
7245 Stillwater Boulevard
Oakdale, Minnesota 55128
And to: Thomas D. Creighton, Esq.
Bernick and Lifson, P.A.
5500 Wayzata Boulevard, Suite 1200
Minneapolis, Minnesota 55416
If to Grantee: General Manager
MediaOne
10 River Park Plaza
St. Paul, Minnesota 55107
With copies to: John F. Gibbs, Esq.
Robins, Kaplan, Miller & Ciresi, L.L.P.
2800 LaSalle Plaza
800 LaSalle Ave. So.
Minneapolis, Minnesota 55402
Such addresses may be changed by either party upon notice to the other party given
as provided in this Section.
SECTION 3.
CONSTRUCTION STANDARDS
1. Registration. Permits and Construction Codes.
a. Grantee shall strictly adhere to all state and local laws and building and
zoning codes currently or hereafter applicable to location, construction,
installation, operation or maintenance of the System in City and give due
consideration at all times to the aesthetics of the property.
b. Failure to obtain permits or comply with permit requirements shall be
grounds for revocation of this Franchise, or any lesser sanctions provided
herein or in any other applicable law.
2. Repair of Rights -of -Way and Property. Any and all Rights -of -Way, or public or
private property, which are disturbed or damaged during the construction, repair,
replacement, relocation, operation, maintenance, expansion, extension or
reconstruction of the System shall be promptly and fully restored by Grantee, at its
expense, to the same condition as that prevailing prior to Grantee's work to the extent
consistent with applicable statutes and rules. If Grantee shall fail to promptly
perform the restoration required herein, after written request of City and reasonable
opportunity to satisfy that request, 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 Grantee is responsible for such disturbance or damage, Grantee shall be
obligated to fully reimburse City for such restoration.
3. Conditions on Right -of -Way Use.
a. Nothing in this Franchise shall be construed to prevent City from
constructing, maintaining, repairing or relocating sewers; grading, paving,
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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.
b. All System transmission and distribution structures, lines and equipment
erected by the Grantee within 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.
C. If at any time during the period of this Franchise City shall elect to alter or
change the grade or location of any Right -of -Way, the Grantee shall, at its
own expense, upon reasonable notice by City, remove and relocate its poles,
wires, cables, conduits, manholes and other fixtures of the System, and in
each instance comply with the reasonable and lawful standards and
specifications of City.
d. The Grantee shall not place poles, conduits, or other fixtures of System 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
reasonable and lawful requirements of City.
e. The Grantee shall, upon request of any Person holding a moving permit
issued by 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, and the Grantee shall be given not less than ten
(10) days advance written notice to arrange for such temporary changes.
f. The Grantee shall have the authority to trim any trees upon and overhanging
the Rights -of -Way of City so as to prevent the branches of such trees from
coming in contact with the wires and cables or other facilities of the Grantee.
g. Grantee shall use its best efforts to give reasonable prior notice to any
adjacent private property owners who will be negatively affected or impacted
by Grantee's work in the Rights -of -Way.
4. Undergrounding of Cable. Grantee must place newly constructed System facilities
underground in areas of City where all other utility lines are placed underground and
may place System facilities on poles using aerial construction techniques where
existing System facilities or other utility facilities are on poles or otherwise of aerial
construction. Amplifier boxes and pedestal mounted terminal boxes may be placed
10
above ground if existing technology reasonably requires, but shall be of such size and
design and shall be so located as not to be unsightly or unsafe, all pursuant to any
required plans submitted with Grantee's permit application(s) and approved by City.
5. Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted
terminal boxes, similar structures, or other wire -holding structures shall be erected
or installed by the Grantee without required permit of City.
6. Safety Requirements.
a. The Grantee shall at all times employ ordinary and reasonable care and shall
install and maintain in use nothing less than commonly accepted methods and
devices for preventing failures and accidents which are likely to cause
damage or injuries.
b. The Grantee shall install and maintain its System and other equipment in
accordance with City's codes and the requirements of the National Electric
Safety Code and all other applicable FCC, state and local regulations, and in
such manner that they will not interfere with City communications
technology related to health, safety and welfare of the residents.
c. AlI System structures, and lines, equipment and connections in, over, under
and upon the Rights -of -Way of City, wherever situated or located, shall at all
times be kept and maintained in good condition, order, and repair so that the
same shall not menace or endanger the life or property of City or any Person.
SECTION 4.
DESIGN PROVISIONS
1. System Upgrade.
a. Grantee shall upgrade the existing System to provide additional capacity,
higher signal quality, more reliability, and the capability to provide additional
services, all in accordance with the Proposal. In conjunction with this rebuild
and upgrade, Grantee shall replace all existing headend equipment with new
standard frequency headend equipment.
b. The upgrade will incorporate the deployment of fiber optic lines to Nodes,
each connected by optical fiber to hub and headend sites. Nodes will serve
an average of approximately 500 homes and in no event more than 800
homes with a minimum of four (4) fibers connecting each 500 home average
Node from headends and hubs.
C. The System will be designed with the capability to transmit return signals
11
upstream in the 5 - 40 MHz spectrum.
d. The System will be designed and constructed in order to allow narrowcast of
governmental access channels discretely by municipality and, to the extent
that System Node architecture allows, educational access channels by school
district boundaries. The Grantee will provide and maintain all equipment and
facilities necessary to accomplish this narrowcasting.
e. All power supplies for the System, including the Institutional Network, will
be equipped with standby power capability in accordance with the Proposal.
Additionally, the Grantee will use status monitoring at all Nodes and power
supply locations in the System, including the Institutional Network, in
accordance with the Proposal. Finally, noninterruptable power -passing
compatible taps will be implemented in accordance with the Proposal.
f. The System will provide an Emergency Alert System fully compliant with
local, state and federal EAS requirements.
g. The System will be capable of providing non -video Services via the System
such as high-speed Internet service and other Services in accordance with the
Proposal, which shall be activated as Marketplace Need dictates. Grantee
may use 200 MHz of the total 750 MHz System capacity for the provision of
such services and/or additional video channels.
h. During the design, walkout and preliminary construction activities related to
upgrade of the System, Grantee shall seek to identify the non -video interests
of the business community within City and will seek to quantify business
community demand for non -video services. Prior to making any final
determination of such demand, Grantee will solicit input from the City
regarding the location of business corridors that may desire services in
addition to Cable Service. Grantee will include additional optical fibers, in
addition to the four (4) fibers to each 500 home average Node as required
above, to facilitate future expansion of needs in such business corridors.
i. Grantee agrees to use its best efforts to comply with such open cable
standards as may be developed with respect to set top converters/terminals.
2. Interconnection.
a. The Cable System servicing the Ramsey/Washington System including the
cities ofBirchwood, Dellwood, Grant, Lake Elmo, Mahtomedi, Maplewood,
North St. Paul, Oakdale V adnais Heights, White Bear Lake, White Bear Lake
Township, and Willemie shall continue to be completely interconnected.
b. In addition, the System shall have the following capacity, upon completion
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of the upgrade of the I -Net, any portion of which shall be made available,
pursuant to reasonable implementation expectations, upon receipt by Grantee
of a written request from Commission: For interconnection of the
Ramsey/Washington System with the North Suburban Cable System, three
(3) 6MHz channels/bandwidth for forward video purposes, three (3) 6MHz
channels/bandwidth for return video purposes, three (3) 6MHz
channels/bandwidth for forward data purposes and/or other, and three (3)
6MHz channels/bandwidth for return data and/or other purposes; for
interconnection of the Ramsey/Washington System with the St. Paul Cable
System, three (3) 6MHz channelsibandwidth for forward video purposes,
three (3) 6MHz channels/bandwidth for return video purposes, three (3)
6MHz channels/bandwidth for forward data purposes and/or other, and three
(3) 6 MHz channels/bandwidth for return data and/or other purposes; for
interconnection of the Ramsey/Washington System with the South
Washington Cable System, three (3) 6 MHz channels/bandwidth for forward
video purposes, three (3) 6 MHz channels/bandwidth for return video
purposes, three (3) 6 MHz channels/bandwidth for forward data purposes
and/or other, and three (3) 6 MHz channels/bandwidth for return data and/or
other purposes; and interconnection of the Ramsey/Washington System with
the Central St. Croix Cable System, three (3) 6 MHz channels/bandwidth for
forward video purposes, three (3) 6 MHz channels/bandwidth for return video
purposes, three (3)-6 MHz channels/bandwidth for forward data purposes
and/or other, and three (3) 6 MHz channels/bandwidth for return data and/or
other purposes.
C. In addition to interconnection capacity required above, Grantee acknowledges
that institutions in the Ramsey/Washington System may desire utilization of
capacity on one or more institutional networks which are part of MediaOne's
commonly owned, adjacent -franchise systems ("Adjacent Institutional
Network"). Should such utilization of an Adjacent Institutional Network be
desired, the Commission (on behalf of itself, the City, or specific institutional
users) will undertake best efforts to obtain any required authorization from
the appropriate adjacent franchising authority, or its designee, to utilize such
Adjacent Institutional Network capacity under its control. In the event that
Commission is unable to obtain authorization to use any capacity or sufficient
capacity on such Adjacent Institutional Network after a good faith effort to
secure such use, upon request Grantee will provide the Commission, City or
requesting institution available bandwidth on such Adjacent Institutional
Network as follows: if Adjacent Institutional Network capacity is available
and under control of Grantee, Grantee will provide unused available Adjacent
Institutional Network capacity at no charge in an amount up to the difference
between three (3) 6 MHz channels/bandwidth for forward video, data, or
other purposes and three (3) 6 MHz channels/bandwidth for return video,
data, or other purposes minus any bandwidth on the Adjacent Institutional
Network which is under the control of the adjacent franchising authority and
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is made available for use. Available capacity in addition to that described
above on Adjacent Institutional Networks under the control of Grantee will
be made available at market rates established by Grantee. In no event shall
Grantee be responsible for providing any equipment pursuant to this
paragraph.
d. Upon request for additional interconnection capacity, Grantee will make
available such additional capacity necessary to meet the total interconnection
capacity specified in Exhibit B.
e. Grantee shall provide, at the incremental cost of time and materials paid by
Commission, an interconnection with the State of Minnesota's fiber network
referred to as the "Connecting Minnesota" project. Grantee will therefore
install a home -run fiber pair, cabling the Oakdale headend/hub to the
"Connecting Minnesota" drop location at the MN -DOT building located at
Hadley Avenue and Highway 5 in Oakdale. Upon request of Commission,
Grantee shall activate such fiber lines with the equipment necessary to
interconnect the State's network with the Ramsey/Washington I -Net, at
Grantee's cost to be paid by Commission.
f. Grantee will build and activate an AM fiber link between White Bear Lake
and Oakdale facilities. The link will support a bandwidth between 50-750
MHz. The Grantee will initially, at a minimum, dedicate and pass four (4)
6 MHz video channels and one (1) data channel in each direction between
White Bear Lake and Oakdale facilities on this link for the purpose of
supporting current video and data (Di -Tech) needs. If at any time during the
renewed franchise video and data applications use or require additional
capacity, Grantee will dedicate and pass such channels, free of charge.
Further, additional, activated fiber capacity will be available for a direct link
between White Bear Lake and Oakdale facilities to support all I -Net
applications.
3. High -Sneed Services. The System shall be designed to ensure adequate capability
and capacity to provide non -video Services via the System such as high-speed
Internet service and other Services in accordance with the Proposal, which shall be
activated as Marketplace Need dictates.
4. Construction Timetable.
a. Grantee shall complete all construction related to the System upgrade
required by Section 4 herein and shall fully activate the System on or before
May 30, 2001. Grantee shall provide for phased activation launches as Nodes
are completed and in accordance with the specific timeline in Exhibit C
attached. Failure to timely complete such construction shall be a violation of
this Franchise.
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b. The System, once upgraded, shall continue to offer Service to all dwelling
units serviceable prior to upgrade and shall extend Service to any area within
the corporate boundaries of City which was not previously constructed which
exceeds a density of 35 dwelling units per cable mile or greater for overhead
plant and 50 dwelling units per cable mile for underground plant.
C. Within ninety (90) days after the commencement of the renewal term of this
Franchise, Grantee shall commence application for all necessary permits,
licenses, certificates and authorizations which are required in the conduct of
its business. Failure to timely commence application for the aforementioned
authorizations shall be a violation of this Franchise.
d. Within ninety (90) days after commencement of the term of this renewed
Franchise, Grantee will commence System design, walkout and all other
preliminary construction activities related to upgrade of the System and shall
give written notice thereof to City upon commencement of such activities.
5. Interruption of Service. The Grantee shall interrupt Service only for good cause
and for the shortest time possible. Such interruption shall occur during periods of
minimum use of the System. If Service is interrupted for a total period of more than
forty eight (48) hours in any thirty (30) day period, Subscribers shall, upon request,
be credited pro rata for such interruption.
6. Technical Standards. The technical standards used in the operation of the System
shall comply, at minimum, with the technical standards promulgated by the FCC
relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may be
amended or modified from time to time, which regulations are expressly incorporated
herein by reference. End of the line performance will meet or exceed FCC
specifications at the Subscriber Drop location.
7. Special Testing.
a. The City shall have the right to inspect all construction or installation work
performed pursuant to the provisions of the Franchise. In addition, the City
may require special testing of a location or locations within the System if
there is a particular matter of controversy or unresolved complaints regarding
such construction or installation work or pertaining to such location(s).
Demand for such special tests may be made on the basis of complaints
received or other evidence indicating an unresolved controversy or
noncompliance. Such tests shall be limited to the particular matter in
controversy or unresolved complaints. The City shall endeavor to so arrange
its request for such special testing so as to minimize hardship or
inconvenience to Grantee or to the Subscribers caused by such testing.
b. Before ordering such tests, Grantee shall be afforded thirty (30) days
following receipt of written notice to investigate and, if necessary, correct
15
problems or complaints upon which tests were ordered. The City shall meet
with 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, City wishes to commence special
tests and the thirty (30) days have elapsed without correction of the matter in
controversy or unresolved complaints, the tests shall be conducted at
Grantee's expense by a qualified engineer selected by City and Grantee, and
Grantee shall cooperate in such testing.
8. Drop Testing and Replacement. Grantee shall insert a 750 MHz carrier at a level
lOdb below the video carriers that will be measured by Grantee as a normal
procedure during all service calls. In addition, the Drops and related passive
equipment will be inspected during Installations to assure that the Drop and passive
equipment can pass the full 750 MHz System capacity. In the event measurement
of the carrier or the inspection demonstrate that a Drop or associated passive
equipment do not pass the full 750 MHz, the Subscriber address will be recorded by
Grantee and Grantee shall provide City, or its designee, upon request a report
indicating the addresses where Drops or associated passive equipment have failed.
Grantee shall replace all failing Drops and/or associated passive equipment at the
time the address upgrades service to a level which requires a signal above the 550
MHz spectrum at no separate charge to the individual Subscriber.
9. FCC Reports. The results of any tests required to be filed by Grantee with the FCC
shall upon request of City also be filed with the City or its designee within ten (10)
days of the conduct of such tests.
10. Nonvoice Return Capability. Grantee is required to use cable and associated
electronics having the technical capacity for nonvoice return communications.
11. Lockout Device. Upon the request of a Subscriber, Grantee shall make available a
Lockout Device at no additional charge to Subscribers.
SECTION 5.
SERVICE PROVISIONS
1. Video Programming. All final programming decisions remain the discretion of
Grantee in accordance with the Proposal, provided that Grantee notifies City and
Subscribers in writing thirty (30) days prior to any channel additions, deletions, or
realignments as required by applicable federal, state and local laws. Location and
relocation of the PEG Channels shall be governed by Section 6.1 (c).
2. Regulation of Service Rates.
a. The City may regulate rates for the provision of Cable Service, equipment,
iC
or any other communications service provided over the System to the extent
allowed under federal or state law(s). City reserves the right to regulate rates
for any future services to the extent permitted by law.
b. Grantee shall give City and Subscribers written notice of any change in a rate
or charge at least one billing cycle prior to the effective date of the change.
Bills must be clear, concise, and understandable, with itemization of all
charges.
3. Non -Standard Installations. Grantee shall install and provide Cable Service to any
Person requesting other than a Standard Installation provided that said Cable Service
can meet FCC technical specifications and all payment and policy obligations are
met. In such case, Grantee may charge for the incremental increase in material and
labor costs incurred beyond the Standard Installation.
4. Sales Procedures. Grantee shall not exercise deceptive sales procedures when
marketing Services within City. In its initial communication or contact with a non -
Subscriber and in all general solicitation materials marketing the Grantee or its
Services as a whole, Grantee shall inform the non -Subscriber of all levels of Service
available, including the lowest priced and free service tiers. Grantee shall have the
right to market door-to-door during reasonable hours consistent with local ordinances
and regulation.
5. Subscriber Inquiry and Complaint Procedures.
a. Grantee shall have a publicly listed toll -free telephone number which shall
be operated so as to receive Subscriber complaints and requests on a
twenty-four (24) hour -a -day, seven (7) days -a -week, 365 days a year basis.
During normal business hours, trained representatives of Grantee shall be
available to respond to Subscriber inquiries.
b. 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 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. Grantee shall respond to written
complaints with copy to City or its designee within thirty (30) days.
C. Subject to Grantee's obligations pursuant to law regarding privacy of certain
17
information, Grantee shall prepare and maintain written records of all
complaints received from City and the resolution of such complaints,
including the date of such resolution. Such written records shall be on file at
the office of Grantee. Grantee shall provide City with a written summary of
such complaints and their resolution upon request of City. As to Subscriber
complaints, Grantee shall comply with FCC record -keeping regulations, and
make the results of such record -keeping available to City upon request.
d. Subscriber requests for repairs shall be performed within thirty-six (36) hours
of the request unless conditions beyond the control of Grantee prevent such
performance. Grantee may schedule appointments for Installations and other
service call either at a specific time or, at a maximum, during a four hour
time block during normal business hours. Grantee may also schedule service
calls outside normal business hours for the convenience of customers.
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 amanner consistent with
FCC standards.
6. Subscriber Contracts. Grantee shall file with Commission any standard form
Subscriber contract utilized by Grantee. If no such written contract exists, 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
normal business hours.
7. Refund Policy. 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.
8. 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 Commission shall not
be adjusted by Grantee without Commission's prior approval.
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS
1. Public. Educational and Government Access.
a. City or its designee is hereby designated to operate, administer, promote, and
W
manage access (public, education, and government programming)
(hereinafter "PEG access") programming on the Cable System.
b. Grantee shall dedicate and make available for use by the City ten (10), six (6)
MHz channels in the System. The Grantee agrees that the PEG access
channels shall be received by all Subscribers in the system channel(s) for
PEG access and community programming use in accordance with the
Proposal. All residential Subscribers who receive all or any part of the total
services offered on the System shall be eligible to receive such channels at
no additional charge. The channel(s) shall be activated upon the effective
date of this Franchise and thereafter maintained. City may rename,
reprogram, or otherwise change the use of these channels in its sole
discretion, provided such use is non-commercial, lawful, and retains the
general purpose of the provision of community programming. Nothing
herein shall diminish the City's rights to secure additional channels pursuant
to Minn. Stat. § 238.084, which is expressly incorporated herein by reference.
City shall provide ninety (90) days prior written notice to Grantee of City's
intent to activate access channels.
C. The PEG access channels are initially numbered and used as follows:
Channel 10
Public Access
Channel 15
Community Programming
Channel 16
Government Access
Channel 61
Educational Access
Channe152
(loaned to Grantee)
Channe135
Library Access
Channel 60
Private Educational Access
Channe157
Religious Access
Channel 58
Higher Educational Access
Channe162
(loaned to Grantee)
These 6 MHz channels are characterized and numbered in their current use
for illustrative purposes only. The PEG access channels may be renumbered
and moved by the Grantee upon thirty (30) days notice to Subscribers, the
City and the Commission; provided, that in such event Grantee shall pay all
reasonable costs or expenses arising out of the renumbering and moving of
any of the above -listed channels including, but not limited to, equipment
necessary to effect the change at the programmer's production or receiving
facility (school frequency routing equipment, etc.) except when such change
is necessitated by changes made to the Grantee's channel lineup by
programmer (i.e., educational institution or government) at its facility,
signage, letterhead, business cards, and reasonable marketing or other
constituency notification costs; further provided, that Channels 15 and 16
shall remain in their current channel locations; and provided, that it is
19
anticipated that current Channel 10 will be renumbered and moved, and if so,
moved only to channel 19, which move must be accomplished within sixty
(60) days of completion of the System upgrade as required herein. Said
Channels 15,16 and 19 may not thereafter be renumbered or moved without
the City's written consent. This paragraph shall not apply to Regional
Channel 6.
d. The Grantee may continue to use two PEG access channels, currently
identified for illustrative purposes only as Channels 52 and 62 for cablecast
of programming for any lawful purpose until the City gives written notice
requesting return of control and use of either or both channels. Such notice
shall be given at least twelve (12) months prior to the date for actual and
effective return of control and use of either or both of Channels 52 and 62.
Notice for the return of one channel shall not construed as a waiver of the
right to require the return of the second channel at a later date. Grantee
agrees its obligation to return use and control of Channels 52 and 62 is
otherwise unconditional, and not dependent on any showing of need or cause.
The Grantee further agrees that when one or both of these channels are
returned for use by the City, such channels shall be received by all
Subscribers.
e. Notwithstanding the foregoing, those PEG access channels cablecast on the
universal service tier pursuant to the MOU shall remain on the universal
service tier.
2. Charges for Use. Channel time and playback of prerecorded programming on the
PEG access and community program channel(s) must be provided without charge to
City and the public.
3. Access Rules. City, or its designee, shall implement rules for use of any access
channel(s).
4. Access Support.
a. Grantee shall continue to be obligated to provide access support pursuant to
the MOU.
b. Grantee shall provide an equipment grant to the Commission at the
commencement of each year of the first four years of the renewed franchise
in following amounts:
Year 1--$833.333.00
Year 2--$833,333.00
Year 3--$833,333.00
Year 4--$250,000.00
P
The Grantee may adjust the PEG Fee to recover the above payments (plus
11.25%) over a period of not less than eight (8) years.
C. Grantee shall provide the Commission two (2) 30-second ad avails each day,
free of charge, during the term of the Franchise, on a run of schedule basis.
The ad avails shall be produced by the City to announce, identify, or promote
community television.
d. Grantee shall annually produce at its expense, in cooperation with the
Commission, a black and white bill stuffer promoting community television.
The bill stuffer shall be produced and mailed with the Subscriber billing
statements at least once each calendar year during the Franchise term.
Should billing formats not provide for staffers, Grantee and Commission will
use best efforts to institute a mutually acceptable co -promotion of community
television.
e. Grantee shall ensure that Commission has access free of charge to all satellite
services available to the Grantee, subject to the following conditions:
the satellite services are received through existing equipment
currently in place, and shall not disrupt the Grantee's use of the
equipment;
ii. the service to be cablecast by the Commission is not being cablecast
by the Grantee;
iii. the services are not commercial in nature; and
iv. the Commission has acquired any required the legal permissions to
cablecast such programming.
5. Studio Locations. Grantee will lease studio space to the Commission in accordance
with those leases attached hereto as Exhibit D. The Grantee agrees that the
Commission may, for no charge, have use of any other studio at any of the Grantee's
facilities in the System, so long as the Grantee operates such facilities in the System.
Use of the studio facility by the Commission will be permitted, if not otherwise in
use by the Grantee, subject to reasonable rules established by the Grantee. Grantee
shall have no obligation to incur additional costs, in terms of staff or equipment,
because of the Commission's use of a studio facility.
6. Regional Channel 6. Grantee shall designate standard VHF Channel 6 for uniform
regional channel usage to the extent required by state law.
7. State and Federal Law Compliance. Satisfaction of the requirements of this
Section 6 satisfies any and all of Grantee's state and federal law requirements of
21
Grantee with respect to PEG access.
8. Government Access Capital Grant. Grantee will provide to Commission within
180 days after the effective date of the Franchise a capital grant of Two Hundred
Thousand Dollars ($200,000.00) for use towards the purchase of equipment for the
municipal datanetwork, government access programming or such other capital needs
as may be determined by Commission. This grant shall be over and above the grants
set forth in Section 6.4 of the Franchise and shall not be recovered from the PEG fee
referenced in such Section 6.4 or otherwise separately itemized on Subscribers' bills.
SECTION 7.
INSTITUTIONAL NETWORK (I -NET) PROVISIONS
AND RELATED COMMITMENTS
1. Institutional Network Capacity.
a. Grantee shall provide an Institutional Network which connects designated
institutions within the Ramsey/Washington System and permits the
transmission of video and data between such connected sites. Use of the I -
Net by institutions will be limited to the telecommunications or video needs
of such institutions. The institutions may not sell or resell services to third
parties. However, the institutions may provide services to themselves which
the Grantee otherwise sells to others (for example, an institution may provide
Internet service to itself that the Grantee sells to others).
b. The I -Net will be designed and constructed to provide 450 MHz capacity and
no less than 56 channels (25 upstream channels and 31 downstream
channels), all in accordance with the Proposal. The I -Net will consist of no
less than 16 Nodes and in no event shall amplifier cascades in the I -Net
exceed 10 amplifiers. All I -Net Nodes will be connected by optical fiber to
the headend and hubs. The I -Net will be segmented into no less than 16
discrete segments associated with individual Nodes in order to permit
narrowcast of video and data within municipal boundaries.
C. The I -Net will incorporate a six (6) count fiber to the Node throughout the
network. An additional ten (10) fibers will be connected from the headend
to each Node for the purpose of supporting redundancy and the facilitation
of end -to -end fiber connections within the institutional community. In the
event that the Grantee seeks to deploy wavelength division multiplexing or
similar technology within the fiber optic portions of the I -NET, the Grantee
may present to the Commission a plan to reduce the number of required fiber
cables to the Node. Such plan must describe the planned technology and
detail any I -Net performance changes which will result. The Commission
_ must approve any such plan in writing prior to any reduction in the number
22
of fibers in the I -Net.
d. Grantee shall provide and maintain all I -Net equipment, including Node
equipment, which is reasonably necessary to provide and operate the I -Net
described above. Grantee shall only be required to provide "end -user" or I -
Net interface equipment associated with I -Net applications to the extent
required herein.
2. I -Net Connection Requirements. Grantee shall connect all institutions designated
on Exhibits E and F to the Institutional Network along with any new City Hall which
may be constructed by City, or to which City may otherwise move its government
offices or City Council meeting locations, said move to be other than temporary, i.e.,
for a period anticipated to be twelve (12) months or more. Other public or
educational institutions subsequently designated by City shall be connected to the
Institutional Network if such institution is located less than five hundred (500) feet
from the existing Institutional Network, or if such designated institution agrees to
reimburse Grantee for Grantee's actual costs in excess of the cost of the first five
hundred (500) feet of such installation.
3. Fiber to the Institution Requirements. In addition to the I -Net requirements
above, the Grantee will provide end -to -end fiber connections, including fiber from
the Node to the institution, and usage of the I -Net in accordance with Exhibit F. The
Grantee will initially provide two (2) dark fibers to each city hall listed in Exhibit E
without charge. Grantee may adjust the PEG Fee to recover such costs. Fiber drops
will be provided at cost to other than city hall institutions. Institutions connected to
the I -Net via fiber will be responsible for any end -user or interface equipment needed
for transmission of video or data via these dark fibers.
4. Fiber Activation Requirements. The Grantee will be responsible for the activation
of the fibers referenced above with optical transmission and reception equipment
within a reasonable time upon request. To the extent feasible, the timeline for such
activation will be no later than 30 days from the date of the request for connection
and usage in accordance with the policies of Exhibit F.
5. I -Net Service Charges. Grantee will make the I -Net capacity available to designated
institutions for video uses at no charge. Grantee will otherwise be permitted to
charge for use of the I -Net to the extent provided in Exhibit F. Grantee will comply
with the requirements and policies regarding use of bandwidth as set forth in Exhibit
F.
6. Grantee's Use of I -Net Capacity. Grantee may use available capacity on the I -Net,
including for lease or other commercial purposes, provided, however, that use by the
City, Commission and designated institutions shall have priority. Grantee will
terminate its use of any channel capacity on the I -Net within six (6) months after
receiving notice from the Commission that City, Commission, or designated
23
institution have determined to use such capacity.
I -Net Interface Equipment and Other Capital Commitments.
a. Grantee will provide to the Commission on the third anniversary of the
renewal period, a capital equipment grant of $50,000 for the purchase of I -
Net equipment for the municipal data network. Grantee may not adjust the
PEG Fee or otherwise separately itemize this amount on Subscribers bills to
recover the cost of this capital equipment grant.
b. Designated institutions shall be responsible for providing their own "end -
user" or I -Net interface equipment. However, Grantee shall continue to
repair, replace and maintain existing video modulators and demodulators in
the I -Net. Grantee shall additionally provide at no charge twenty (20) new
modulators and demodulators for distribution to designated institutions in
accordance with Exhibit E.
C. Upon request by a designated institution, Grantee must either offer to lease
to such institution the requested non -video end user equipment or make
reasonable efforts to arrange for the institution's lease of such equipment.
Within 30 days of a written request, Grantee must notify the requesting
institution in writing of its ability or inability to lease the requested
equipment and the terms of such lease. The City, its designee, or the
requesting institution may purchase or lease the equipment from any vendor.
d. Grantee will provide standby power with full battery replacement and status
monitoring for the Institutional Network. Grantee may adjust the PEG Fee
to recover the costs of such status monitoring. In addition, Grantee will
provide a minimum of twenty eight (28) new pilot generators and will re -tune
any existing amplifiers which will be reused in the upgraded I -Net.
8. I -Net Performance Standards. Grantee shall maintain those technical and
performance standards as are detailed in Exhibit G attached. Grantee shall provide
the City, or its designee, upon request with reports of the performance of the I -Net
and Grantee's compliance with the technical and performance standards.
9. Subscriber Network Drops to Designated Buildings.
a. Grantee shall provide, free of charge, Installation of one (1) subscriber
network Drop, one (1) cable outlet, one (1) Converter and/or cable modem
or other device, if necessary, monthly Basic Cable Service and such Internet
access service as may be made available (currently MediaOne Express)
without charge to those institutions currently receiving such services, the
institutions identified and designated for such services in Exhibit E attached
hereto and made a part hereof. Any such other public or educational
institution not connected to the I -Net may be subsequently designated for
MediaOne Express Service (or equivalent) by City. The Company will
provide the first five hundred (500) feet or less from the existing Subscriber
network at no charge to such institutions. Any such institution located more
than five hundred (500) feet shall be connected if such institution agrees to
reimburse Grantee for Grantee's actual costs in excess of the cost of the first
five hundred (500) feet of such installation.
b. Additional subscriber network Drops and/or outlets will be installed at
designated institutions by Grantee at the cost of Grantee's time and material.
Alternatively, said institution may add outlets at its own expense, as long as
such Installation meets Grantee's standards. 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 Grantee requires more time.
C. To the extent Grantee provides to Subscribers web site hosting Services as
part of its Internet access service, Grantee shall provide City and the
Commission web site hosting services free of charge. Any other institution
may subscribe to web site hosting services at market rates.
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS
1. Administration of Franchise. The City Administrator or other designee shall have
continuing regulatory jurisdiction and supervision over the System and the Grantee's
operation under the Franchise. The City, or its designee, may issue such reasonable
rules and regulations concerning the construction, operation and maintenance of the
System as are consistent with the provisions of the Franchise and law.
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. Grantee shall cooperate with any such delegatee of City.
3. Franchise Fee.
a. During the term of the Franchise, Grantee shall pay quarterly to City or its
delegatee a Franchise Fee in an amount equal to five percent (5°/u) of its
quarterly Gross Revenues, or such other amounts as are subsequently
permitted by federal statute.
b. 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
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fiscal quarters together with a report showing the basis for the computation.
C. All amounts paid shall be subject to audit and recomputation by City and
acceptance of any payment shall not be construed as an accord that the
amount paid is in fact the correct amount.
4. Access to Records. The City shall have the right to inspect, upon reasonable notice
and during normal business hours, or require Grantee to provide within a reasonable
time copies of any records maintained by Grantee which relate to System operations
including specifically Grantee's accounting and financial records.
5. Reports and Mans to be Filed with City.
a. Grantee shall file with the City, at the time of payment of the Franchise Fee,
a report of all Gross Revenues in form and substance as required by City.
b. Grantee shall prepare and furnish to City, at the times and in the form
prescribed, such other reasonable reports with respect to Grantee's operations
pursuant to this Franchise as City may require. City shall make its best effort
to protect proprietary or trade secret information all consistent with state and
federal law.
c. If required by City, Grantee shall furnish to and file with City Administrator
the maps, plats, and permanent records of the location and character of all
facilities constructed, including underground facilities, and Grantee shall file
with City updates of such maps, plats and permanent records annually if
changes have been made in the System.
6. Periodic Evaluation.
a. The City may require evaluation sessions at any time during the term of this
Franchise, upon fifteen (15) days written notice to Grantee.
b. Topics which may be discussed at any evaluation session may include, but
are not limited to, application of new technologies, System 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 City deems relevant.
C. 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
1. Performance Bond.
a. At the time the Franchise becomes effective and at all tunes thereafter, until
the Grantee has liquidated all of its obligations with City and Commission,
the Grantee shall furnish a bond to Commission in the amount of
$500,000.00 in a form and with such sureties as reasonably acceptable to
Commission. 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 City or 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 City or Commission which arise
by reason of the construction, operation, or maintenance of the System. The
rights reserved by City or Commission with respect to the bond are in
addition to all other rights City may have under the Franchise or any other
law. City may, from year to year, in its sole discretion, reduce the amount of
the bond.
b. The time for Grantee to correct any violation or liability, shall be extended
by City if the necessary action to correct such violation or liability is, in the
sole determination of City, 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)
days period and thereafter uses reasonable diligence to correct the violation
or liability.
C. 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.
d. 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 City or 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
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default.
e. The rights reserved to City or Commission, as applicable, with respect to the
performance bond are in addition to all other rights of City or Commission
whether 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 City or Commission may have.
2. Letter of Credit.
a. At the time of acceptance of this Franchise, Grantee shall deliver to
Commission an irrevocable and unconditional Letter of Credit, in form and
substance acceptable to Commission, from aNational or State bank approved
by Commission, in the amount of $25,000.00.
b. The Letter of Credit shall provide that funds will be paid to City or
Commission, as appropriate, upon written demand of City or Commission,
and in an amount solely determined by City or Commission in payment for
penalties charged pursuant to this Section, in payment for any monies owed
by Grantee to City or Commission or any person pursuant to its obligations
under this Franchise, or in payment for any damage incurred by City or any
person as a result of any acts or omissions by Grantee pursuant to this
Franchise.
c. In addition to recovery of any monies owed by Grantee to City or
Commission or any person or damages to City or Commission or any person
as a result of any acts or omissions by Grantee pursuant to the Franchise, City
or Commission in their sole discretion may charge to and collect from the
Letter of Credit the following penalties:
For failure to timely complete System upgrades as provided in this
Franchise unless City or Commission approves the delay, the penalty
shall be $500.00 per day for each day, or part thereof, such failure
occurs or continues.
ii. For failure to provide data, documents, reports or information or to
cooperate with City or 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.
iii. Fifteen (15) days following notice from City or Commission of a
failure of Grantee to comply with construction, operation or
maintenance standards, the penalty shall be $500.00 per day for each
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day, or part thereof, such failure occurs or continues.
iv. For failure to provide the services Grantee has proposed, including,
but not limited to, the implementation and the utilization of the access
channels and the maintenance and/or replacement of the equipment
and other facilities, the penalty shall be $500.00 per day for each day,
or part thereof, such failure occurs or continues.
V. For Grantee's breach of any written contract or agreement with or to
the City or its designee, the penalty shall be $500.00 per day for each
day, or part thereof, such breach occurs or continues.
vi. For failure to comply with any of the provisions of this Franchise, or
other City ordinance for which a penalty is not otherwise specifically
provided pursuant to this paragraph c, the penalty shall be $250.00
per day for each day, or part thereof, such failure occurs or continues.
d. Each violation of any provision of this Franchise shall be considered a
separate violation for which a separate penalty can be imposed.
e. Whenever City or Commission finds that Grantee has violated one or more
terms, conditions or provisions of this Franchise, or for any other violation
contemplated in Subparagraph c. 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 City or
Commission, is necessary to cure the alleged violation) following local
receipt of notice, provided Grantee remains in violation of one or more terms,
conditions or provisions of this Franchise, in the sole opinion of City or
Commission, City or Commission may draw from the Letter of Credit all
penalties and other monies due City or Commission from the date of the local
receipt of notice.
f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven (7)
days of such draw, notify City or Commission, as applicable, in writing that
there is a dispute as to whether a violation or failure has in fact occurred.
Such written notice by Grantee to City or Commission shall specify with
particularity the matters disputed by Grantee. All penalties shall continue to
accrue and City or Commission may continue to draw from the Letter of
Credit during any appeal pursuant to this subparagraph f.
City or Commission shall hear Grantee's dispute within sixty (60)
days and render a final decision within sixty (60) days thereafter.
ii. Upon the determination of City or Commission that no violation has
taken place, City or Commission, as applicable, shall refund to
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Grantee, without interest, all monies drawn from the Letter of Credit
by reason of the alleged violation.
g. 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 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 Paragraph A of this Section.
h. If City or Commission, as applicable, draws upon the Letter of Credit or any
subsequent Letter of Credit delivered pursuant hereto, in whole or in part,
Grantee shall replace or replenish to its full amount the same within ten (10)
days and shall deliver to Commission a like replacement Letter of Credit or
certification of replenishment for the full amount stated in Section 9.2 (a) as
a substitution of the previous Letter of Credit. This shall be a continuing
obligation for any draws upon the Letter of Credit.
If any Letter of Credit is not so replaced or replenished, City or Commission
may draw on said Letter of Credit for the whole amount thereof and use the
proceeds as City or 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 Commission, be deemed a default by Grantee under this Franchise. The
drawing on the Letter of Credit by City or Commission, and use of the money
so obtained for payment or performance of the obligations, duties and
responsibilities of Grantee which are in default, shall not be a waiver or
release of such default.
j. The collection by City or Commission, as applicable, of any damages,
monies or penalties from the Letter of Credit shall not affect any other right
or remedy available to either, nor shall any act, or failure to act, by City or
Commission, as applicable, pursuant to the Letter of Credit, be deemed a
waiver of any right of City or Commission, as applicable, pursuant to this
Franchise or otherwise.
3. Indemnification of City.
a. City, Commission, its officers, boards, committees, commissions, elected
officials, employees 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 or as to any other
action of Grantee with respect to this Franchise.
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b. Grantee shall indemnify, defend, and hold harmless City, Commission, its
officers, boards, committees, commissions, elected officials, employees and
agents, from and against all liability, damages, and penalties which they may
legally be required to pay as a result of the City or Commission's, as
applicable, exercise, administration, or enforcement of the Franchise.
C. Nothing in this Franchise relieves a Person, except City, from liability arising
out of the failure to exercise reasonable care to avoid injuring the Grantee's
facilities while performing work connected with grading, regarding, or
changing the line of a Right -of -Way or public place or with the construction
or reconstruction of a sewer or water system.
4. Insurance.
a. As a part of the indemnification provided in Section 8.3, but without limiting
the foregoing, Grantee shall file with 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, and the City, Commission, its officers,
elected officials, boards, commissions, agents and employees 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 Commission as an additional
insureds, and in their capacity as such, City and Commission officers, elected
officials, boards, commissions, agents and employees.
b. 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,
$500,000.00 for property damage to any one person and $2,000,000.00 for
property damage resulting from any one act or occurrence.
C. 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
Commission.
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SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
1. City's Right to Revoke.
a. 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:
i. Grantee has violated material provisions(s) of this Franchise; or
ii. Grantee has attempted to evade any of the provisions of the
Franchise; or
iii. Grantee has practiced fraud or deceit upon City.
City may revoke this Franchise without the hearing required by 9.2(b) herein if
Grantee is adjudged a barilmipt.
2. Procedures for Revocation.
a. City shall provide 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, City shall provide Grantee with the basis of the revocation.
b. 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 subparagraph (a)
above. City shall provide Grantee with written notice of its decision together
with written findings of fact supplementing said decision.
C. Only after the public hearing and upon written notice of the determination by
City to revoke the Franchise may Grantee appeal said decision with an
appropriate state or federal court or agency.
d. 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.
3. Abandonment of Service. Grantee may not abandon the System or any portion
thereof without having first given three (3) months written notice to City. Grantee
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may not abandon the System or any portion thereof without compensating City for
damages resulting from the abandonment, including all costs incident to removal of
the System.
4. Removal After Abandonment. Termination or Forfeiture.
a. In the event of termination or forfeiture of the Franchise or abandonment of
the System, City shall have the right to require Grantee to remove all or any
portion of the System from all Rights -of -Way and public property within
City.
b. If Grantee has failed to commence removal of System, or such part thereof
as was designated by City, within thirty (30) days after written notice of
City's demand for removal is given, or if Grantee has failed to complete such
removal within twelve (12) months after written notice of City's demand for
removal is given, 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 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.
5. Sale or Transfer of Franchise.
a. 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 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 Commission, 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.
b. 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. In any event, as used herein, a new
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"controlling interest" shall be deemed to be created upon the acquisition
through any transaction or related group of transactions of a legal or
beneficial interest of fifteen percent (15%) or more by one Person.
Acquisition by one Person of an interest of five percent (5%) or more in a
single transaction shall require notice to City.
C. The Grantee shall file, in addition to all documents, forms and information
required to be filed by applicable law, the following:
i. 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.
ii. 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
iii. Any other documents or information related to the transaction as may
be specifically requested by the City.
d. City shall have such time as is permitted by federal law in which to review
a transfer request.
e. The Grantee shall reimburse City for all the reasonable legal, administrative,
and consulting costs and fees associated with the City's review of any request
to transfer. Nothing herein shall prevent 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.
£ In no event shall a sale, transfer, corporate change, or assignment of
ownership or control pursuant to subparagraph (a) or (b) of this Section be
approved without the transferee becoming a signatory to this Franchise and
assuming all rights and obligations thereunder, and assuming all other rights
and obligations of the transferor to the City including, but not limited to, any
adequate guarantees or other security instruments provided by the transferor.
g. In the event of any proposed sale, transfer, corporate change, or assignment
pursuant to subparagraph (a) or (b) of this Section, City shall have the right
to purchase the System for the value of the consideration proposed in such
transaction. 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
9
proposal must be conveyed to City in writing and separate from any general
announcement of the transaction.
h. City shall be deemed to have waived its right to purchase the System
pursuant to this Section only in the following circumstances:
i. 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 (g) above, its
intention to exercise its right of purchase; or
ii. It approves the assignment or sale of the Franchise as provided within
this Section.
i. No Franchise may be transferred if City determines Grantee is in
noncompliance of the Franchise unless an acceptable compliance program
has been approved by City. The approval of any transfer of ownership
pursuant to this Section shall not be deemed to waive any rights of City to
subsequently enforce noncompliance issues relating to this Franchise even if
such issues predated the approval, whether known or unknown to City.
SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS
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.
2. Subscriber Privacy.
a. 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 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.
b. No lists of the names and addresses of Subscribers or any lists that identify
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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.
C. 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 subparagraph (b) of this Section.
SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
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 receive services of the System without Grantee's
authorization.
2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person,
group, company, or corporation to willfully interfere, tamper, remove, obstruct, or
damage, or assist thereof, any part or segment of the System for any purpose
whatsoever, except for any rights City may have pursuant to this Franchise or its
police powers.
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 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.
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SECTION 13.
MISCELLANEOUS PROVISIONS
1. Franchise Renewal. Any renewal of this Franchise shall be performed in
accordance with applicable federal, state and local laws and regulations. The term
of any renewed Franchise shall be limited to aperiod not to exceed fifteen (15) years.
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 a System or provide
Cable Service. Grantee shall provide notice to City of the name(s) and address(es)
of any entity, other than Grantee, which performs substantial services pursuant to this
Franchise.
3. Amendment of Franchise Ordinance. Grantee and 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 7.5 or at any other time if City and 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 City's exercise of its police powers or City's authority to
unilaterally amend Franchise provisions to the extent permitted by law.
4. Compliance with Federal. State and Local Laws.
a. 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 year after they become
effective, unless otherwise stated, and to conform to federal laws and
regulations regarding cable as they become effective.
b. If any term, condition or provision of this Franchise or the application thereof
to any Person or circumstance 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 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
1.
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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.
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.
6. Riehts Cumulative. All rights and remedies given to City by this Franchise or
retained by City herein shall be in addition to and cumulative with any and all other
rights and remedies, existing or implied, now or hereafter available to City, 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 City and the exercise of one or 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.
7. Grantee Acknowledgment of Validity of Franchise. 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.
SECTION 14.
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
1. Publication: Effective Date. This Franchise shall be published in accordance with
applicable local and Minnesota law. The Effective Date of this Franchise shall be the
date of acceptance by Grantee in accordance with the provisions of Section 14.2.
2. Acceptance.
a. Grantee shall accept this Franchise within sixty (60) of its enactment by the
City Council and the enactment of a Franchise on substantially similar terms
by each other member municipality of Commission, unless the time for
acceptance is extended by 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
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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 Grantee shall be null and void.
b. Upon acceptance of this Franchise, Grantee and City shall be bound by all the terms and
conditions contained herein.
c. Grantee shall accept this Franchise in the following manner:
This Franchise will be properly executed and acknowledged by Grantee and
delivered to City or its designee.
ii. With its acceptance, Grantee shall also deliver any grant payments, performance
bond and insurance certificates required herein that are due but have not
previously been delivered.
Passed and adopted this 3rd day of August, 1999
Its: City A ' inistrit
CITY OF LAKE ELMO
By: e� 14-1—
Its: Mayor
ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions.
171 As US] ►I
Dated: By:
W,
EXHIBIT A
A PROPOSAL FOR
FRANCHISE RENEWAL
Group W Cable of Ramsey/Washington, Inc.
Serving the Communities of
Birchwood, Dellwood, Grant, Lake Elmo,
Mahtomedi, Maplewood, North St. Paul, Oakdale,
Vadnais Heights, White Bear Lake, White Bear Township
and Willernie
Submitted to the
Ramsey/Washington Counties Suburban Communications
August 19, 1997 — As Revised
Final — 6/3/99
RAMSEY/WASHINGTON
RENEWAL PROPOSAL
A. SUBSCRIBER SYSTEM UPGRADE DESIGN AND CONSTRUCTION
Grantee will commit in a renewal franchise that the subscriber system serving the
Ramsey/Washington area will be enhanced from the current 450 MHz, 65 channel system to a 750
MHz system offering dramatically more channel capacity, higher signal quality, more reliability and
more features as set forth below:
A - I. The subscriber network will be upgraded to 750 MHz capacity and will be fully
activated to said capacity. Meredith plans to program up to 81 downstream channels - with phased
activation launches as nodes are completed. This leaves an additional 200 MHz capacity available
for future activation of additional video channels, digital services, and other services as future
marketplace needs dictate. In addition, the system will be designed with the capability to transmit
return signals upstream at 5- 40 MHz in the future. Grantee will activate this upon its determination
that the need exists through subscriber and marketplace research, economic feasibility, and
technological developments. Upon request, Grantee will share such research with the Cable
Commission, and will further, upon request, "show cause" as to why at any given time, Gtantee has
not activated such bandwidth.
A - 2. Hybrid fiber -coaxial architecture will be deployed.
A - 3. The system will be initially upgraded with the deployment of fiber optic nodes, each
connected by fiber to the hub and headend sites, with each node serving an average of 500 homes,
but in no event greater than 800 home nodes, and with a minimum of four (4) fibers connecting each
node from headend and hubs. A node is the transition point between optical light transmission (fiber
optic cable) and the RF transmission (coaxial cable) of video and data signals to be delivered to and
received from, the subscriber's home. Nodes are located in pedestals similar to a standard line
amplifier (approximate size 3 1 " wide x 48" deep x 48" high) or attached to the strand in the case of
aerial lines.
A - 4. Upon upgrade, all power supplies will be equipped with standby power capability
which, at a minimum, will be initially activated at the node locations. Standby power will keep the
headend operational indefinitely given adequate fuel supplies. Uninterruptable power supplies will
be provided for such Company equipment or systems that cannot withstand a momentary loss of
power such as computers, switching equipment, schedulers and data gathering equipment. Batteries
and standby power supplies for the plant will operate approximately 2 hours. Maintenance
technicians will have power inverters on their trucks as well as gas powered generators._
A - 5. In order to better assure reliability and system maintenance, the system upgrade will
incorporate status monitoring at nodes, and power supply locations. It is anticipated that Cheetah
status monitoring equipment, or similar equipment, will be utilized.
A - 6. Non -interruptible power -passing compatible taps will be implemented by Grantee for
ease of maintenance and less disruption during system maintenance.
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A - 7. Adequate fiber count, a minimum of 4 per approximate 500 home node, will be
included in the upgrade in -order to facilitate future expansion of needs including future expansion
of needs in business corridors as commercial need dictates.
A - 8. The subscriber RF system will accommodate and be capable of providing return
signals in 5 - 40 MHz bandwidth in the future, and will be activated in accordance with A-1, above.
A - 9. All existing head end equipment will be replaced with state-of-the-art standard
frequency head end equipment.
A - 10. It is anticipated that Basic Service channel mapping might no longer be utilized by
the system assuming no adverse reception problems would result. This would permit all local VHF
off -air broadcast signals to be located "on -channel" for all customers and have no impact on the PEG
access channel location nor Universal Service.
A - 11. Standby power will continue to be in place for the head end on a 24-hour basis.
A - 12. The system will have the capability to receive and pass through all local broadcast
signals in digital format as required by applicable federal rules and regulations and in compliance
with applicable FCC mandated time lines.
A - 13. The system will permit all channels available to Meredith Cable in stereo to be
passed through to subscribers in stereo. BTSC will be the stereo format.
A - 14. Grantee will commence application for licenses and permits related to construction
within 90 days after the commencement of the renewal period.
A - 15. Grantee will commence design, walkout, etc. related to construction within 90 days
after commencement of the renewal period.
A - 16. Grantee will complete all phases of the upgrade project by May 30, 2001 in
accordance with the construction timeline contained in Exhibit C, herein.
A - 17. Grantee will place a 750 MHz carrier inserted at a level IOdb below the video
carriers that will be measured as a normal procedure during service calls. The drop cable and
passives will be inspected during normal installations to assure that 750 MHz can be passed. Grantee
will locate sweep transmitters plus additional phantom carriers in the band that enables the Grantee
to check the system to insure that it is capable of passing the full 750 MHz. Grantee will perform
a sweep of the headend and each node during the initial activation, and during routine maintenance
throughout the duration of the system's ongoing operations. Should a drop or associated passive
equipment not pass at least 550 MHz, the Company will replace the drop without charge to the
subscriber. Further, at the point that a home may require 750 MHz, the address will be noted and
at the time the address upgrades service that requires signal above 550 MHz, the drop and/or
associated equipment will be changed out. The Company will charge the same installation charge
(if any) to all recipients of 750 MHz service whether or not the service requires a new drop. The
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time frame for an upgrade in such services will be met by Grantee in accordance with applicable
existing installation schedules, but in any case will be completed in less than seven (7) days unless
otherwise directed by the subscriber.
A —18 . The connection with the main headend, regardless of its location, to the hub and node
sites within the Ramsey/Washington area will be fully capable of and activated to 750 MHz. Such
interconnect for the subscriber HFC network will be such that the end of the line performance will
meet or exceed applicable FCC specifications at the subscriber drop location.
A-19. Upon upgrade, all channels will have automatic audio -limiting to control audio
disparity. The Grantee will utilize an audio AGC/limiting system to control audio disparity.
A-20. Grantee will provide the Commission with a spectrum allocation chart, including
signal carriage and channel designations for all bandwidths, as soon as signal carriage and bandwidth
designations are known by the Company and updated information will be provided by the Company
as changes are made_
A-21. Grantee will comply at all times with applicable electric and construction codes,
including NEC and NESC.
A-22. Grantee will use its best efforts to comply with any applicable Open Cable standards
which have been or will be developed for the industry.
A-23. The subscriber network will meet all applicable FCC technical and performance
specifications. Further, Grantee will make available to the Commission, the results of all system
testing and proof of performance results upon request. Grantee will perform all testing to meet full
service loading (analog and digital services)
A-24. Grantee will continue to provide basic service (or equilant) and preferred service (or
equivalent) free of charge to all those institutions currently receiving basic and preferred service free
of charge. In addition, Grantee will provide the services as specified in Exhibit E at no charge to
the institutions designated for such service in Exhibit E. Also, to the extent that Grantee offers web
site hosting service to its subscribers, Grantee shall provide each member municipality and the
Commission such services at no charge. Beyond this, any institution may subscribe to web site
hosting services in accordance with the Company's standard pricing for such services available to
subscribers. As to all other institutions which may exist or be constructed in the future, or which
may be on Exhibit E and not specified to receive service, the Company will extend cable — I -Net
and subscriber network — to government facilities and educational institutions within 500 feet of
existing I -Net. Beyond that, the Company will extend cable at the cost of time and materials to be
paid by the institution, less the cost of the 500 feet.
A-25. The subscriber system will narrowcast government access channels discretely by
municipality and, to the extent that system node architecture allows, educational access shall be
capable of narrowcasting discretely by public school districts.
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A-26. The Company will provide a fully functional emergency alert system on the subscriber
network that is compliant with applicable local, state and federal EAS requirements, and which will
be coordinated with the Commission.
B. INSTITUTIONAL NETWORK
B - 1. The I -Net will be 450 MHz capacity_
B - 2. The I -Net will consist of 56 channels (25 upstream and 31 downstream) available for
non-commercial institutional uses. Further, the I -Net will be segmented for purposes of narrow-
casting video and data within municipal boundaries. The minimum number of segments in the
system will be at least equal to the number of nodes in the I -Net. Grantee will provide all equipment
necessary to make this happen_
B - 3. Grantee will provide twenty eight (28) new, additional pilot generators.
B - 4. Grantee will retime_ any existing amplifier in the I -Net which are anticipated to be
used in the upgrade..
B - 5. The I -Net will have full standby power with full battery placement.
B- 6. Grantee will introduce twelve (12)_ count fiber into the Institutional Network resulting
in a reduction of all amplifier cascades to no more than 10 amplifiers deep which shall increase from
9 to 17 where fiber is placed, allowing for a segmentation increase of 89%. All I -Net nodes will
be connected by fiber to hubs. Two (2) fibers will be used to support the upstream and downstream
capabilities of the HFC I -Net. The additional ten (10_ fibers will be connected from the hub to each
node for the purpose of supporting redundancy and facilitation of end -to -end fiber connections
within the institutional community. Further, Grantee will make available end -to -end fiber
connection and useage of the I -Net in accordance with Exhibit E and F. Grantee will connect two
(2) dark fibers to each city hall listed in Exhibit E, provided the cost of such construction can, at
Grantee's discretion, be included in the PEG fee, and further that it is understood that the institution
is responsible for any end -user or interface equipment needed to connect the institution to the dark
fibers. Grantee will remain responsible for the node equipment previously proposed.
Grantee will be responsible for the activation of the fibers referenced above with optical transmission
and reception equipment as more specifically delineated in Exhibit F. The timeline for such
activation will be no later than 30 days from the time any institutions request connection and usage
in accordance with the policies of Exhibit F.
B - 7. Grantee will make the I -Net capacity referenced above available to the
designated institutions in Exhibit E for video uses at no charge. Additionally, Grantee will comply
with the requirements and policies regarding use of bandwidth as set forth in Exhibit F. Grantee
will be permitted to charge for the use of the I -Net in accordance with Exhibit F.
1141648-1
B - 8. Nothing contained herein shall prevent Grantee from using the available capacity on
the I -Net for other uses except that the Commission and designated institutions shall have priority
over those other uses. Grantee shall terminate its use of channel capacity on the I -Net within six (6)
months after receiving notice from the Commission. Use of the I -Net by the institutions, including
the Commission and cities, will be limited to the data and video needs of such institutions. The
institutions may not sell or resell services to third parties.
B - 9. Use of the Institutional; Network by the institutions, including the Commission and
cities, will be limited to the telecommunications or video needs of such institutions. The institutions
may not sell or resell services to third parties. The institutions may provide services to themselves
which Grantee otherwise sells to others (for example, institutions may provide Internet access that
the Grantee might sell to others).
B - 10. Grantee will either allow designated institutions to purchase their own equipment or
will lease end -user terminal equipment to requesting institutions. In addition to continuing to repair,
replace and maintain existing video modulators and demodulators in the current system or required
by the current franchise, Grantee will provide twenty (20) modulators and demodulators for
distribution by the Commission to institutions. In addition, Grantee will provide upon
commencement of the renewal period, a capital equipment grant of $50,000 to the Commission for
the use towards the purchase of equipment for the municipal data network.
B-11. The I -Net will be frilly compliant with the performance specifications set forth in
Exhibit G.
B-12. In the event that the Company wishes to deploy wavelength division multiplexing
(WDM) technology within the fiber optic portion of the I -Net and, as a result of such plans, also
wishes to reduce the number of fiber cables to the node as specified in B-6, the Company may
present such a plan to the Commission, at which point the Commission would have the option of
approving (or not approving) such a plan.
C. INTERCONNECTION
C — 1. Grantee will have the capability upon completion of the upgrade of the I -Net, the
following: For interconnection of the Ramsey/Washington Cable System with the North Suburban
Cable System, three (3) 6 MHz channels/bandwidth for forward video purposes, three (3) 6 MHz
channelsibandwidth for return video purposes, three (3) 6 MHz for forward data purposes and/or
other, and three (3) 6 MHz channels/bandwidth for return data and/or other purposes; for
interconnection of the Ramsey/Washington Cable System with the St. Paul Cable System, three
(3) 6 MHz channels/bandwidth for forward video purposes, three (3) 6 MHz channels/bandwidth for
return video purposes, three (3) 6 MHz for forward data purposes and/or other, and three (3) 6 MHz
channels/bandwidth for return data and/or other purposes; for interconnection of the
Ramsey/Washington Cable System with the South Washington County Cable System, three (3)
6 MHz channels/bandwidth for forward video purposes, three (3) 6 MHz channels/bandwidth for
return video purposes, three (3) 6 MHz for forward data purposes and/or other, and three (3) 6 MHz
channelsibandwidth for return data and/or other purposes; for interconnection of the
1141648-1
Ramsey/Washington Cable System with the Central St. Croix Cable System, three (3) 6 MHz
channels/bandwidth for forward video purposes, three (3) 6 MHz channels/bandwidth for return
video purposes, three (3) 6 MHz for forward data purposes and/or other, and three (3) 6 MHz
channels/bandwidth for return data and/or other purposes. Upon Commission's request for
additional interconnection capacity, Grantee will make available such additional capacity necessary
to meet the total interconnection capacity specified in Exhibit C.
C — 2. Grantee will provide, at cost of time and materials, to be paid by the local government
or Commission, an interconnection with the State of Minnesota's fiber network, referred to as the
"Connecting Minnesota" project, which is planned to be used by local units of government. Grantee
will therefore install a home -run fiber pair, cabling from the Oakdale headend/hub to the location
of the "Connecting Minnesota" drop location at the MN -DOT building located at Hadley Avenue
and Highway 5 in Oakdale. Upon request of the Commission, Grantee will activate such fiber lines
with the equipment necessary to interconnect State's network with the Ramsey/Washington I -Net.
C — 3. To further accommodate utilization of interconnection between commonly owned,
adjacent -franchise systems in the Twin Cities marketplace, institutions in the Ramsey/Washington
service area may desire utilization of capacity on one or more institutional networks which are part
of Grantee's commonly owned, adjacent -franchise systems ("Adjacent Institutional Network").
Should such utilization of an Adjacent Institutional Network be desired, in order to meet
Commission's proposed uses, the Commission (on behalf of itself or specific institutional users) will
undertake best efforts to obtain any required authorization from the appropriate adjacent franchising
authority (or such franchising authority's designated institutional network manager) to utilize
capacity of such Adjacent Institutional Network which is under the control of such adjacent franchise
authority. In the event that Commission is unable to obtain such authorization to use such Adjacent
Institutional Network after good faith effort to secure such use, Grantee will provide Commission
available bandwidth on such Adjacent Institutional Network as follows: If Adjacent Institutional
Network is available and under the control of Grantee, Grantee will provide unused available
Adjacent Institutional Network capacity at no charge to the Commission in an amount up to the
difference of three (3) 6 MHz channels/bandwidth for forward video, data, or other purposes and
three (3) 6 MHz channelsibandwidth for return video, data, or other purposes minus any bandwidth
on the Adjacent Institutional Network which is under the control of the adjacent franchising authority
and is available for Commission use. Available capacity in addition to that described above on the
Adjacent Institutional Networks under the control of Grantee will be made available to Commission
at market rates established by Grantee. In no event shall Grantee have any obligation or be
responsible for rpoviding any equipment pursuant to this section.
C — 4. Grantee will build and activate an AM fiber link between White Bear Lake and
Oakdale facilities. The link will support a bandwidth between 50-750 MHz. Grantee will initially,
at a minimum, dedicate and pass four (4) 6 MHz video channels and one (1) data channel in each
direction between White Bear Lake and Oakdale facilities on this link for the purpose of supporting
current video and data (DiTech) needs. If at any time during the renewed franchise video and data
applications use or require more capacity than this, Grantee will dedicate and pass such channels,
free of charge. Further, additional, activated fiber capacity will be available for a direct link between
White Bear Lake and Oakdale facilities to support all institutional network applications.
1141648-1
D. PROGRAMMING
Upon completion and activation by territory, Grantee anticipates a minimum of providing up to 81
analog video channels. While definitive programming agreements have not been entered into and,
as such, specific packaging, and pricing decisions cannot be made at this time, it is anticipated that
prices will be adjusted as authorized to reflect the additional programming as well as project and
programming costs. As examples, we preliminarily anticipate the following new programming
choices or similar services will be available:
D - 1. Basic Service (or equivalent) - Initially, Grantee anticipates a continuation of current
Basic Service offering of 28 channels.
D - 2. Preferred Tier Service (or equivalent) - Grantee anticipates the addition of at least
4 or 5 channels to this tier that currently consists of 29 channels. There will be a corresponding rate
adjustment. Preliminarily, and as examples, we anticipate the likely addition of the following
exciting new offerings or others as we may deem more responsive to subscriber or marketplace needs
and interests.:
The Golf Channel.
The Cartoon Network
ESPN Classic Sports Network
TV Food Channel
Sneak Prevue
Independent Film Channel
The Travel Channel
FX Movies
TV Land
Turner Classic Movies
D - 4. Premium Services - Grantee anticipates adding several new optional premium service
selections. Preliminarily, and as examples, we anticipate the likely addition of the following new
1141648-1
premium offerings or others as we may deem more responsive to subscriber or marketplace needs
and interests:
HBO West/Comedy
HBO Family
Cinemax2
D - 5. Pay -Per -View Services - Grantee anticipates offering more optional pay -per -view
service selections. Preliminarily, and as examples, we anticipate the likely addition of three new
pay -per -view services or others as we may deem more responsive to subscriber marketplace needs
and interests.
D - 6. Interactive Services - Grantee's plan contemplates the capability of offering
interactive services upon completion of the project and a reasonable expectation of consumer
acceptance and financial viability. While various services are currently developing, Grantee is
considering, among other services, a digital music service and interactive program guide. No
decisions have been made regarding particular services, pricing or launch dates.
D - 7. Digital Services - Grantee anticipates that additional premium service options, pay -
per -view offerings and other new services including future digital services will be offered over time
utilizing the appropriate bandwidth.
E. HIGH SPEED DATA TRANSMISSION
In addition to traditional video services, the cable system will position Grantee to offer new and yet -
to -be -developed non -video services.
E - 1. The subscriber network will have adequate capability to enable the provision of high
speed data service such as Internet access as marketplace need dictates.
E - 2. Grantee's system will be able to address opportunities to meet the non -video interests
of the business community by including fiber capacity to business corridors identified during the
construction walkout in order to explore high speed data services demand by business users.
F. COMMITMENT TO ACCESS PROGRAMMING
1141648-1
Grantee will meet its obligations under the agreements regarding access support which were entered
into with the Ramsey/Washington Cable Communications Commission in the March 9, 1995
Memorandum of Understanding. In addition, Grantee will provide the following_
F-1. Grantee will provide an equipment grant to the Commission for each year of the first
four (4) years of the renewed franchise in the following amounts:
Year 1 - $833,333.00
Year 2 - $833,333.00
Year 3 - $833,333.00
Year 4 - $250,000.00
Grantee may adjust the PEG fee to recover the above payments (consistent with Federal Rules for
calculating Grantee's cost of money) over a period of not less than eight (8) years_
F-2. Effective with the adoption of the Franchise, Grantee and the Commission shall enter
into a sublease agreement contained in Exhibit H.
F-3. Company agrees that the Commission may, for no charge, have use of the studio at any
of the Company's facilities in the Ramsey/Washington franchise area, as long as the Company
operates a studio in the franchise area. Use of the studio facility by the Commission will be
permitted, if not otherwise in use by the Company, and is subject to reasonable rules established by
the Company. Company shall have no obligation to incur additional costs, in terms of staff or
equipment, because of the Commission's use of a studio facility of the Company.
F-4. Company shall make available for the unrestricted, sole and complete use by the
Commission, ten (10) 6 MHz channels in the system. These 6 MHz channels are characterized and
numbered below for illustrative purposes only at the time of this agreement as follows:
Channel 10 —Public Access
Channel 15 — Public Access
Channel 16 — Government Access
Channel 61 — Educational Access
Channel 52 — (currently loaned to Company — see F-6)
Channel 35 —Library Access
Channel 60 — Private Ed Access
Channel 57 — Religious Access
Channel 58 —Higher Ed Access
Channel 62 — (currently loaned to Company — see F-6)
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F-5. Channels 15 (Public Access) and 16 (Government Access) shall not be moved without
Commission permission. Channel 10 will be moved to channel 19 and thereafter not moved without
Commission permission. Grantee may unilaterally move other channels, with 30-day notice to
Commission and subscribers.
F-6. Grantee may continue to use two channels, currently identified for illustrative purposes
only as Channels 52 and 62 for cablecast of programming for any lawful purpose until the
Commission gives written notice for requesting return of control and use of either or both channels
52 and 62. Such notice by the Commission shall be given at least twelve (12) months prior to the
date for actual and effective return of control and use to the Commission of either or both Channel
52 and 62. Notice from the Commission for return of one channel shall not be construed as a waiver
of the Commission's right to require the return of the second channel at a later date. Grantee agrees
its obligation to return use and control of Channels 52 and 62 is otherwise unconditional, and not
dependent on any showing of need or cause by the Commission. Grantee further agrees that when
one or both of these channels are returned for use by the Commission, such channels shall be
received by all system subscribers.
F-7. Grantee shall remain bound by Article 11.02 of the current franchise ordinance (N + 1
rule) regarding additional community programming channels, not withstanding the channels noted
in F-4.
F-8 Grantee shall permit the Commission to schedule for cablecast, two (2) 30-second ad
avails each day, during the term of the franchise, on a run of schedule basis. The ad avails shall be
produced by the Commission to announce, identify or promote community television.
F-9. Grantee shall annually produce, in cooperation with the Commission and at the
Grantee's expense, a black and white bill stuffer promoting community television. The bill stuffier
shall be produced and mailed with the subscriber billing statements at least once each calendar year
during the franchise term. Should billing formats not provide for stuffers, Grantee and Commission
will use their best efforts to institute a mutually acceptable co -promotion of community television.
F-9. Subject to all applicable laws, Grantee agrees that the Commission shall have access
to all satellite services available to Grantee and that Grantee shall not charge the Commission for
such access. The agreement is subject to the following conditions_
a. The satellite services are received through existing equipment currently in place, and
shall not disrupt Grantee's use of the equipment;
b. The service to be cablecast by the Commission is not being cablecast by Grantee:
c. The services are not commercial in nature; and
d. The Commission has acquired the legal right to cablecast such programming.
1141648-1
Exhibit B
External Interconnection Requirements
r:WOM. ,_ i..,.
• North Suburban
Four 6 MHz channels upstream and four 6 MHz channels downstream
a total of 24 MHz up, 24 MHz down)
• Central St. Croix Valley
Four 6 MHz channels upstream and four 6 MHz channels downstream
(a total of 24 MHz up. 24 MHz down)
• St. Paul
Four 6 MHz channels upstream and four 6 MHz channels downstream
(a total of 24 MHz up, 24 MHz down)
• South Washington
Four 6 MHz channels upstream and four 6 MHz channels downstream
(a total of 24 MHz up, 24 MHz down)
Video Communications 6"temn Interconnections
• North Suburban
One frequency pair (6 MHz up, 6 MHz down) for inter -system municipal video conferencing
One frequency pair (6 MHz up, 6 MHz down) for inter -system educational video conferencing
Three frequency pairs (18 MHz up, 18 MHz down) for inter -system access origination capabilities
Four frequency pairs (24 MHz up. 24 MHz down) for inter -system, interactive distance learning
operations
• Central St. Croix Valley
One frequency pair (6 MHz up, 6 MHz down) for inter -system municipal video conferencing
One frequency pair (6 MHz up, 6 MHz down) for inter -system educational video conferencing
Three frequency pairs (18 MHz up, 18 MHz down) for inter -system access origination capabilities
Four frequency pairs (24 MIN up. 24 MHz down) for inter -system, interactive distance learning
operations
• at. Paul
One frequency pair (6 MHz up, 6 MHz down) for inter -system municipal video conferencing
One frequency pair (6 MHz up. 6 MHz down) for inter -system educational video conferencing
Three frequency pairs (18 MHz up, 18 MHz down) for inter -system access origination capabilities
Four frequency pairs (24 MHz up. 24 MHz down) for inter -system, interactive distance learning
operations
• South Washington
One frequency pair (6 MHz up, 6 MHz down) for inter -system municipal video conferencing
One frequency pair (6 MHz up, 6 MHz down) for inter -system educational video conferencing
Three frequency pairs (18 MHz up. 18 MHz down) for Inter -system access origination capabilities
Four frequency pairs (24 MIIz up, 24 MHz down) for inter -system. interactive distance learning
operations
Other External Interconnections
Home -run fiber pair from Oakdale headend to MN -DOT building at Hadley & Highway 5 in Oakdale,
at the location of a node in the state's fiber network which will be available for use by local
government. This is called "Connect Minnesota."
Exhibit C
Ramsey/Washington Upgrade Construction Schedule
Descriut on of Work
Engineering Walkout
Engineering Design
Commencement of Permitting
Fiber Optic Cable Introduction
Node Installation
Amplifier Replacement
Passive Equipment Replacement
System Balancing and Proof -of -Performance
Activation in Phases; completion by
Time Fkaffie
0-9 months
3-12 months
Day 75
10-18 months
10-36 months
12-24 months
18-36 months
36 months
May 30, 2001
Actual construction will begin at the hub locations, which are currently located
at our office sites in White Bear Lake and Oakdale. The hubs themselves will be
upgraded and will be interconnected via SONEC architecture between themselves and
all other hubs served by the Company in the Twin Cities area. Fiber will be
introduced into the coaxial network radiating out from the hub locations and moving
throughout each community from there.
Electronic active and passive equipment, power supplies, etc. will be replaced
and/or installed on a node -by -node basis. Activation of new plant will be done on a
node -by -node basis,
Due to the difficult winter construction season, fiber duct and pedestals may
be installed and/or replaced during summer and fall months. This work would occur
throughout the entire franchise area to allow winter work to be done in more than Just
aerial locations,
Exhibit ID
Form of Sublease Agreement
Final Subleases for the Oakdale and White Bear Lake facilities will be negotiated
between the parties in substantially the form attached.
DRAFT
WHITE BEAR LAKE
SUBLEASE AGREEMENT
(Subject to final negotiations between Lessee and Lessor)
THIS SUBLEASE AGREEMENT, entered into between MEDIAONE OF MINNESOTA,
INC., a Minnesota corporation, as Lessor, and RAMSEY/WASHINGTON COUNTIES
SUBURBAN CABLE COMMUNICATIONS COMMISSION, a Minnesota joint powers
commission pursuant to Minn. Stat. §§ 238.08 and 471.58, as Lessee.
Lessor, as lessee, entered into a lease with James M. Muellner and Marilyn L. Muellner (collectively,
the 'Prime Lessor"), dated October 31, 1983, leasing certain premises in the City of White Bear
Lake, Ramsey County, Minnesota.
The lease between Lessor and the Prime Lessor has been amended by First Amendment, dated
January 10, 1984, and Second Amendment dated April 1, 1984. True and correct copies of such
Lease, First Amendment and Second Amendment (collectively, the 'Prime Lease") are attached as
Exhibit A and are incorporated herein by this reference. The Prime Lease was assigned.to the City
of White Bear Lake on , 19_. The current Prime Lessor is the City of White Bear Lake,
Minnesota.
Lessor, in consideration of the covenants, terms and conditions stated herein, is willing to lease to
Lessee a portion of the premises held by Lessor under the Prime Lease.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Leased Premises. Lessor hereby leases to Lessee that portion of the space held by Lessor
under the Prime Lease designated on the attached Exhibit B (the "Leased Premises").
2. Term. The term of this Lease shall commence on the date of its execution herein
("Commencement Date") and shall terminate upon the expiration of the Prime Lease.
3. Rent. Lessee shall pay to Lessor at the address set forth in Paragraph 9 below (or at such
other place as Lessor may from time to time designate in writing), annual rent of
$ , in monthly installments of $ each (which amount to be amended to
reimburse Lessor for actual rent paid to Prime Lessor for Leased Premises), payable in
advance on the first day of each and every calendar month during the Lease term. In the
event the Commencement Date occurs on a date other than a first day of a month, and for the
final partial month of the Lease term, the rental for such months shall be prorated and
adjusted accordingly. It is expressly agreed that Lessee shall not be liable for payment of any
additional rent to Lessor for taxes, operating costs, or any other purpose.
In the event that the Leased Premises or a portion thereof is destroyed or rendered unusable
as a result of fire which is not caused by Lessee, or the Leased Premises or a portion thereof
is rendered unusable for any reason not the fault of Lessee, then the Rent payable hereunder
shall be abated proportionately until such time as the Leased Premises or such portion thereof
can once again be used for its intended purpose. If such damage or destruction is caused by
the action or failure to act of Lessee, then Rent shall not abate.
4. Lessee's Covenants. Lessee, in consideration of the covenants of Lessor herein contained,
covenants with Lessor as follows, and any violation of these covenants shall constitute a
default under this Lease:
(a) It hereby leases from Lessor the Leased Premises on the terms specified herein and
will pay rent to Lessor therefore in the amount and manner specified above.
(b) Lessee will use the Leased Premises only for the promotion and support of the use
of communications media by the people of the Ramsey and Washington County
metropolitan area; will maintain the same in an orderly, clean and sanitary condition,
except as may be required of Lessor hereunder; will neither do nor permit to be done
thereon anything in violation of the terms of insurance policies thereon; will neither
do nor permit to be done thereon anything in violation of the regulations, ordinances
and laws applicable thereto; and will neither commit nor suffer waste thereon.
(c) Lessee will promptly repair all damages to the Leased Premises arising from its own
fault or neglect; will promptly replace all glass broken by Lessee's fault or neglect;
and will make no other repairs, alterations or additions thereto or thereon without the
consent in writing of Lessor.
(d) Lessee shall not waste any utilities provided at Lessor's cost to Lessee at the Leased
Premises; nor will Lessee make any claim for damages or offset against Lessor in the
event such utilities services are interrupted or fail due to conditions or events beyond
Lessor's control.
(e) Lessee will keep in force at its own expense for so long as this Lease remains in
effect public liability insurance with respect to the Leased Premises in which Lessee,
Lessor, and Prime Lessor shall be named as insureds, in companies and in form
acceptable to Lessor, with a minimum combined single limit of liability of
$500,000.00. Lessee will further deposit with Lessor, the policy(ies) of such
insurance, or certificates thereof, which shall provide that Lessor shall be notified in
writing ten (10) days prior to cancellation, material changes, or failure to renew the
insurance.
2
(f) Lessee shall indemnify and hold Lessor and Prime Lessor harmless from any claim,
loss or damage suffered by Lessor or Prime Lessor caused by any act or omission of
Lessee, Lessee's employees, or anyone claiming through or by Lessee in, at or
around the Leased Premises.
(g) Lessee shall allow Lessor to enter upon the Leased Premises at all reasonable times
to inspect the same and to make such repairs as Lessor deems necessary.
(h) Lessee will not assign, mortgage, or encumber this Lease, nor any interest therein,
nor sublet any part of the Leased Premises without the consent in writing of the
Lessor, which consent will not be unreasonably withheld; provided, Lessee shall be
entitled to assign this Lease or to sublet the Leased Premises to a designee which
shall perform certain cable television community programming functions for Lessee,
and further provided that Lessee shall remain liable to Lessor for the performance of
Lessee's obligations under this Lease. Lessee agrees that it shall not be entitled to
sublet or assign the Leased Premises, or any portion thereof, to a person or entity
whose intended use shall compete with the business of Lessor.
(i) On the last day of the Lease term, or on the sooner termination thereof in accordance
with the terms hereof, Lessee shall peaceably surrender the Leased Premises in good
condition and repair, normal wear and tear excepted, remove all of its equipment
from the Leased Premises, and repair any damage caused thereby.
0) Lessee accepts the Leased Premises in its condition "as is."
5. Lessor's Covenants. Lessor, in consideration for Lessee's performance of its obligations
hereunder, covenants with Lessee as follows:
(a) Lessor agrees to furnish all utilities, including but not limited to, water, electricity,
air conditioning, gas service, sewer, emergency power and generator service, and
trash disposal, to the Leased Premises, at Lessor's cost and expense, and as
reasonably necessary to the use of the Leased Premises as described herein. As
provided in Paragraph 4(d) above, Lessee shall not waste such utilities nor make any
claim or assert any offset against Lessor for interruption or failure of such services
when beyond the control of Lessor.
(b) Lessor will promptly repair all damages to the Leased Premises and cure all
interruptions to the utilities servicing the Leased Premises (including but not limited
to heating, air conditioning, electrical power and emergency power generation),
except those imposed upon Lessee pursuant to Paragraph 4(c) above, and shall
maintain the Leased Premises under the Prime Lease as required hereunder. Lessor
agrees it shall use its best efforts to compel the landlord under the Prime Lease to
perform all of its maintenance obligations under the Prime Lease. Lessor further
agrees that any repairs performed by Lessor upon the Leased Premises will be done
in a manner so as to minimize the impact on Lessee's business.
(c) In the event of damage or destruction to the Leased Premises or to the premises
leased under the Prime Lease, as described in Section 15 of the Prime Lease, or in the
event of action of public authority as described in Section 17 of the Prime Lease,
Lessor agrees it shall not terminate the Prime Lease without the prior written consent
of Lessee, which consent shall not be unreasonably withheld.
(d) Lessor shall perform its obligations as tenant under the Prime Lease in a timely and
complete manner so that there shall be no default by tenant thereunder. Lessor
warrants to Lessee that as of the Commencement Date, both landlord and tenant
under the Prime Lease are in full compliance with the terms of the Prime Lease, and
that in the event Lessor as tenant defaults or receives notice of an alleged default
under the Prime Lease, or if it becomes aware of a default in the Prime Lease by the
Prime Lessor as landlord, Lessor shall promptly notify Lessee of such occurrence.
(e) Lessor shall provide janitorial service to those portions of the Leased Premises
designated on Exhibit B for the joint use of Lessor and Lessee. These areas of the
Leased Premises are the lounge and the restrooms.
(f) Lessor warrants that Lessee shall be entitled to the use of the Common Areas,
parking facilities, and ingress and egress rights described in the Prime Lease, in
common with Lessor, the Prime Lessor, and other tenants of the shopping center
described in the Prime Lease.
(g) Lessor warrants and covenants that the Common Areas described in the Prime Lease,
and those portions of the Leased Premises which are not for the exclusive use of, or
within the exclusive control of, Lessee, are in full compliance with the terms and
conditions of the Americans With Disabilities Act.
6. Waiver and Subrogation. Lessor and Lessee hereby release the other from any and all
liability or responsibility to the other or anyone claiming through or under them by way of
subrogation or otherwise for any loss or damage to property caused by fire or any of the
extended coverage or supplementary contract casualties, even if such fire or other casualty
shall have been caused by the fault or negligence of the other parry, or anyone for whom
such party may be responsible. Provided, however, that this release shall be applicable and
in force and effect only with respect to loss or damage occurring during such times as the
releasing party's policies shall contain a clause or endorsement to the effect that any such
release would not adversely affect or impair said policies or prejudice the right of the
releasing party to recover thereunder. Lessor and Lessee agree that they will request their
insurance carriers to include in their policies such a clause or endorsement and Lessor and
Lessee agree to provide each other with written evidence of such clause or endorsement,
upon request.
13
Satellite Dish; Van Parkins. Lessor agrees that during the term of this Lease, Lessee shall
be entitled to (a) install and maintain a satellite dish connected to the Leased Premises, at a
location(s) determined by Lessee, provided Lessee complies with all state, federal and local
regulations in the placement and maintenance of such satellite dish; and (b) exclusive
parking rights for Lessee's mobile production van, including power plug-in, at a location(s)
designated on the attached Exhibit B. No additional Rent shall be payable for the exercise
of these rights.
8. Prime Lease; Default by Lessee. This Lease is subject and subordinate to the Prime Lease.
In case of any breach hereof by Lessee, Lessor shall have all the rights against Lessee as
would be available to the Lessor against the Lessee under the Prime Lease if such breach
were by the Lessee thereunder.
9. Notices; Miscellaneous. All notices, consents, demands and requests which may be or are
required to be given by either party to the other, shall be in writing and sent by U.S.
registered or certified mail, postage prepaid with return receipt requested, addressed as
follows:
TO LESSOR: General Manager
MediaOne of Minnesota, Inc.
214 East 4"' St.
St. Paul, MN 55101
TO LESSEE: Ramsey/Washington Counties Suburban Cable
Communications Commission
7245 Stillwater Boulevard
Oakdale, MN 55128
The date shown on the return receipt as the date on which said registered or certified mail is
sent by the addresser shall be conclusively deemed to be the date on which a notice, consent,
demand or request is given or made. The above address of a party may be changed at any
time, or from time to time, by notice given by said party to the other party in the manner
above provided.
10. Lessee's Option to Terminate. At Lessee's sole opinion, this Lease may be terminated
upon ninety (90) days prior written notice to Lessor. Lessor expressly waives any reciprocal
right to termination. In the event Lessee exercises its sole right to terminate the Lease, all
rights and liabilities of the parties hereunder shall terminate.
The terms, conditions and covenants contained herein shall bind and inure to the benefit of Lessor
and Lessee and their respective successors, legal representatives and assigns.
This Lease contains the entire agreement between the parties and may not be amended or modified
except in writing. This Lease shall be governed by and construed under the laws of the State of
Minnesota.
In the event that any provision of this Lease shall be held invalid or unenforceable, no other
provisions of this Lease shall be affected by such holding, and all of the remaining provisions of this
Lease shall continue in full force and effect pursuant to the terms thereof.
Paragraph captions are inserted only for convenience in reference and are not intended, in any way,
to define, limit or describe the scope, intent and language of this Lease or its provisions.
LESSEE:
RAMSEY/WASHINGTON COUNTIES
SUBURBAN CABLE COMMUNICATIONS
COMMISSION
By: _
Its:
UAcab1e\RWCCCC\sub1eme white bear lake.wpd
LESSOR:
MEDIAONE OF MINNESOTA, INC.
am
Its:
EXHIBIT E — INSTITUTIONAI )NNECTIONS
Ci of B rchwood
t stitut on
Address
Phone
Free I -Net
Free Sub -Net
Free Basic
1 Free
Drop
Drop
Preferred
MediaOne
Express
Ci Hall
207 Birchwood
426-3403
Yes
Yes
Yes
Yes
Ci ofDellwood
Tntstitution
Address
Phone
Free I -Net
Free Sub -Net
Free Basic
1 Free
Drop
Drop
Preferred
MediaOne
Express
Dellwood City Hall
111 Wildwood
Yes
Yes
Yes
Yes
City of Grant
Institution
Address
Phone
Free [-Net
Free Sub -Net
Free Basic
1 Free
Drop
Drop
I Preferred
MediaOne
Express
Grant City Office
1I1 Wildwood
Yes
Yes
Yes
Yes
Grant CityHall
Kimbro Ave
No
Yes
Yes
Yes
City of Lake Elmo
Institution
Address
Phone
Free I -Net
Free Sub -Net
Free Basic
1 Free
-
Drop
Drop
Preferred
-MediaOne
Ex ress
Lake Elmo City Hall
3800 Laverne Ave.
777-5510
Yes
Yes
Yes
Yes
No
Lake Elmo
4259 N. Jamaca
770-2537
Yes
Yes
Yes
Maintenance
Ave
^ke Elmo
11030 Stillwater
351-6700
Yes
Yes
Yes
Yes
menta
Ave North
Lake Elmo Parks
11194 Upper 33`
770-3015
Yes
Yes
Yes
&Rec
Oakland Jr High
820 ManningAve.
351-8500
Yes
Yes
Yes
Yes
Lake Elmo Fire
3510 Laverne Ave
770-5006
Yes
Yes
Yes
Lake Elmo Library
3459 Lake Elmo
777-5002
Yes
Yes
Yes
Yes
Ave North
City of Mahtomedi
Institution
Address
Phone
Free I -Net
Free Sub -Net
Free Basic
1 Free
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Drop
Preferred
MediaOne
E ress
Mahtomedi High
8000 N. 75" St
407-2100
Yes
Yes
Yes
Yes
School
Wildwood
535 N. Warner Rd
407-2400
Yes
Yes
Yes
Yes
Elementary
White Bear328
Maple St
426-3337
Yes
Yes
Yes
Unitarian Church
Mahtomedi Fire
800 Stillwater Rd
Yes
Yes
Yes
O.H. Anderson
666 So. Warner
407-2300
Yes
Yes
Yes
Yes
Elementary
Ave
Mahtomedi Public
30 Long Lake Rd
777-8565
No
Yes
Yes
Yes
Works
St. Jude Church
700 Mahtomedi
426-2562
Yes
Yes
Ave
EXHIBIT E — INSTITUTIONA ONNECTIONS
r;i ofMahtomed
istitution
Address
Phone
Free I -Net
Drop
Free Sub -Net
Drop
Free Basic
Preferred
1Free
MediaOne
Ex ress
Mahtomedi Middle
8100 75 St. No
407-2200
Yes
Yes
Yes
Yes
Wildwood Library
763 Stillwater Rd
426-2042
Yes
Yes
Yes
Yes
Mahtomedi City
Hall
600 Stillwater Rd
426-2042
Yes
Yes
Yes
Yes
Mahtomedi
Alternative
3128 Century Ave
407-2179
No
Yes
Yes
Yes
Mahtomedi Dist.
Office
1520 Mahtomedi
Ave
407-2000
Yes
Yes
Yes
Yes
;!G jiy of Maplewood
Institution
Address
Phone
Free I -Net
Drop
Free Sub -Net
Drop
Free Basic
Preferred
1 Free
MediaOne
Ex ress
John Glenn Middle
School
1560 E. Cty Rd B
748-6300
Yes
Yes
Yes
Yes
Carver Elementary
2680 Upper Afton
Rd
702-8200
Yes
Yes
Yes
Yes
Maplewood Public
Works
1902 E. Cty. Rd B
#3
Yes
Yes
Yes
Maplewood
Emergency Service
1902 E. Cty. Rd. B
#1
770-4547
Yes
Yes
Yes
Maplewood
—ommunity Center
2100 White Bear
Ave
779-3555
Yes
Yes
Yes
leaver Elementary
2135 Birmingham
St
748-7000
Yes
Yes
Yes
Yes
Gladstone Fire
1900 Clarence
777-8191
Yes
Yes
Yes
Edgerton
Elementary
1929 Edgerton
772-2565
Yes
Yes
Yes
Yes
Maplewood City
Hall
1830 E. Cty Rd B
770-4500
Yes
Yes
Yes
Yes
East Cty Line Fire
#2
2501 Londin Lane
739-4050
Yes
Yes
Yes
Yes
Presentation Church
1735 Kennard
777-5877
Yes
Yes
Yes
Presentation School
1695 Kennard
777-5877
Yes
Yes
Yes
Yes
East Co. Line Fire
#1
1177 N. Century
739-7860
Yes
Yes
Yes
Maplewood Dist.
Office
2055 E. Larpentuer
770-4614
Yes
Yes
Yes
Beaver Lake
Elementary
1060 N. Sterling
702-8400
Yes
Yes
Yes
Yes
Gethsemane Church
2410 Stillwater Rd
739-7540
Yes
Yes
Yes
Hill MurrayHigh
2625 E. Larpenteur
777-1376
Yes
Yes
Yes
Yes
Gladstone Baptist
1717 English
776-1536
Yes I
Yes
Yes
*Harmony
Elementary
1961 E. Co. Rd C
Yes
Yes
Yes
Yes
Parkside Fire
2001 McMenemy
St.
776-0174
Yes
Yes
Yes
**Gladstone Comm.
.Bldg
1945 Manton St
770-4745
Yes
Yes
Yes
EXHIBIT E — INSTITUTIONF 'ONNECTIONS
i of Ma lewood
Institution
Address
Phone
Free I -Net
Drop
, Free Sub -Net
Drop
Free Basic
Preferred
1 Free
MediaOne
Express
Hazelwood Fire
1530 E. Co. Rd. C
770-4500
Yes
Yes
Yes
Ramsey County
Nursing Home
2000 White Bear
Ave
777-7486
No
Yes
No
3M Center
736-7512
No
Yes
_Ko
Ramsey Co. Library
1670 Beam Ave
704-2033
Yes
Yes
Yes
Yes
Tri-District School
30 East Co. Rd. B
487-5450
Yes
Yes
Yes
Yes
St. Jerome
384 E. Roselawn
771-8494
ity of f North St.
'iQaul
Institution
Address
Phone
Free I -Net
Drop
Free Sub -Net
Drop
Frze Basic
Preferred
1[ Free
MediaOne
Ex ress
No. St. Paul City
Hall
2526 E. 7` "`
777-4450
Yes
Yes
Yes
Yes
No. St. Paul Fire
2526 E. 7 Ave
777-4480
Yes
Yes
Yes
No. St. Paul Police
2526 E. 7` Ave
770-1305
Yes
Yes
Yes
No. St. Paul
Community Center
2290 I" St. No
770-4471
Yes
Yes
Yes
No. St. Paul Library
2640 E. 7 Ave
704-2040
Yes
Yes
Yes
Yes
Cowern Elementary
2131 N. Margaret
748-6800
Yes
Yes
Yes
Yes
'hrist Evan. Church
2475 E. 17` Ave
777-5771
Yes
Yes
Yes
olar Ice Arena
2520 E. 12 Ave
7774649
Yes
Yes
Yes
No. Presbyterian
Church
2675 E. Hwy 36
777-4044
Yes
Yes
Yes
Richardson
Elementary
2615 N. I" St
748-6900
Yes
Yes
Yes
Yes
North High School
24 16 E. I 1 Ave
748-6000
Yes
Yes
Yes
Yes
St. Mark's Church
2499 N. Helen
777-7451
Yes
Yes
Yes
Northwoods Church
2490 E. 7 Ave
770-7777
Yes
Yes
Yes
Electric Utility Bldg
2303 N. 1" Street
Yes
Yes
Yes
City of Oakdale
Institution
Address
Phone
Free I -Net
Drop
Free Sub -Net
Drop
Free Basic
Preferred
1 hree
MedtaOne
Express '
Tartan High
828 N. Greenway
Ave
702-8600
Yes
Yes
Yes
Yes
Oakdale Fire
6279 N. 50 ' St 1
777-8886
Yes
Yes
Yes
Holy Cross
Lutheran Church
6355 N. 10` St
739-0643
Castle Element
6675 N. 50` St
748-6700
Yes
Yes
Yes
Yes
Oakdale City Hall
1900 Hadlev
731-0332
Yes
Yes
Yes
Yes
Oakdale Police
1584 N. Hadley
739-5086
Yes
Yes
Yes
Oakdale Elementary
821 N. Glenbrook
Ave
702-8500
Yes
Yes
Yes
Yes
Michael's
.urch
6060 N. 43d St
Yes
Yes
r
EXHIBIT E—INSTITUTIONAL _ONNECTIONS
City of Oakdale
stitinion
Address
Phone
Free I -Net
Free Sub' -Net
Free Basic
I Free
.Drop _
Drop
Preferred
MediaOne
Express
Eagle Point
Elementary
7850 N.IS St
702-8300
Yes
Yes
Yes
Yes
Oakdale Fire #2
6812 N. 15 St
773-8886
Yes
Yes
Yes
Yes
Transfiguration
Moved to new
School
location
Transfiguration
Church
935 So. Ferndale
739-5966
No
Yes
Yes
Yes
Skyview Middle
I100 Heron Ave
702-800o
Yes
Yes
Yes
Yes
School
Skyview Elementary
1100 Heron Ave
702-8100
Yes
Yes
Yes
Yes
School
Oakdale Nature
44 44 Hadley Ave.
Yes
Yes
Yes
Center
No.
Washington County
7066 Stillwater
777-5222
Yes
Yes
Yes
Human Services
Blvd
Fire Station
6633 IS Street No
Yes
Yes
Yes
Fire Station
6259 50 Street
Yes
Yes
Yes
No.
Public Works
1900 Hadley Ave.
Yes
Yes
Yes
No
Ice Arena
740 Greenway Ave
Yes
Yes
Yes
No
New Fire Station
50 and Hadley
Yes
Yes
Yes
akdale Library
1010 Huron Ave.
730-0504
Yes
Yes
Yes
Yes
No.
City of Vadnais
Heights
Institution
Address
Phone
Free I -Net
Free Sub -Net
Free Basic
1 Free
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Preferred
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Ex ress
Vadnais Fire
3595 Arcade St
490-1355
Yes
Yes
Yes
Vadnais Fire
687 E. Co. Rd. F
Yes
Yes
Yes
Vadnais Hgts
3645 Centerville
653-2858
Yes
Yes
Yes
Yes
School
Rd
Vadnais Hgts City
687 E. Co. Rd. F
429-5343
Yes
Yes
Yes
Yes
Hall
New City Hall
Next to fire on
Yes
Yes
Yes
Yes
Arcade
Arcade
Public works
Clover
Yes
Yes
Yes
City of White Bear _
Lake
Institution
Address
Phone
Free I -Net
Free Sub -Net
Free Basic _
I Free
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Drop
Preferred
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Express
Central Middle
4857 Bloom
653-2888
Yes
Yes
Yes
Yes
School
Sunrise Middle
2399 Cedar
653-2700
Yes
Yes
Yes
Yes
rool
EXHIBIT E — INSTITUTIONAL. ONNECTIONS
City of White Bear
sake
utitution
Address
Phone
Free I -Net
Drop
'Free Sub -Net
Drop
Free Basic
Preferred
1' Free
MediaOne
Express
WBL Sr. — So
Campus
3551 McKnight Rd
776-6200
Yes
Yes
Yes
Yes
WBL Sr. —No
Campus
5040 Bald Eagle
653-2920
Yes
Yes
Yes
Yes
So. Shore Trinity
Church
2480 South Shore
429-4293
Yes
Yes
Yes
Bellaire Elementary2540
Co. Rd. F
653-2765
Yes
Yes
Yes
Yes
Gospel Fellowship
1685 E. Hwy 96
429-4069
Yes
Yes
Yes
Birch Lake
Elementary
1616 Birch Lake
653-2776
Yes
Yes
Yes
Yes
Parkview School
2530 Spruce PI
653-2847
Yes
Yes
Yes
Yes
*Golfview School
2449 Orchard Lane
429-5391
Yes
Yes
Yes
Yes
Redeemer Lutheran
Church
2770 Bellaire
429-5411
Yes
Yes
Yes
WBL Library
4698 Clark
407-5302
Yes
Yes
Yes
Yes
Lakeaires
Elementary
3963 Van Dyke
653-2764
Yes
Yes
Yes
Yes
St. Ma 's School
4690 Bald Eagle
429-5378
Yes
Yes
Yes
Yes
WBL District
Center
3554 N. White
Bear Ave .
773-6137
Yes
Yes
Yes
Yes
Century College —
W
3401 N. Century
779-3200
Yes
Yes
Yes
Yes
entury College - E
3300 N. Century
770-2351
Yes
Yes
Yes
Yes
first Lutheran
Church
400 Linden
429-5349
Yes
Yes
Yes
Willow Lane
Elementary
3375 Willow Lane
773-6170
Yes
Yes
Yes
Yes
St. Pius X School
3878 Highland
429-5338
No
Yes
Yes
Yes
Sports Center
1328 Hwy. 61
429-8571
No
Yes
Yes
Yes
Public Works
4200 Hoffman Rd
Yes
Yes
Yes
Armory
2228 V Street
Yes
Yes
Yes
Counseling Center
1280 Birch Lake
Blvd
429-8544
No
Yes
Yes
Yes
Normandy Park
Education Center
2484 E. Co. Rd. F
653-3100
Yes
Yes
Yes
Yes
Lake Shore Players
4820 Stewart
Yes
Yes
White Bear City
Hall
4701 Hwy 61
429-8526
Yes
Yes
Yes
Yes
White Bear Fire
2240 E. Co. Rd. E
Yes
Yes
Yes
White Bear Police
4700 Miller Ave
Yes
Yes
Yes
White Bear
.Township
Institution
Address
Phone
Free I -Net
Drop
Free Sub -Net
Drop
Free Basic
Preferred
I Free
MediaOne
Express
White Bear Twsp.
Hall
4151 Hoffman Rd
429-3257
Yes
Yes
Yes
Yes
3 Twsp. Arlin
1281 Hammond Rd
429-5827
Yes
Yes
Yes
EXHIBIT E — INSTITUTIONA ONNECTIONS
White Bear
Township
nstitution
Address
Phone
Free I -Net
Free Sub -Net
Free Basic
1 Free
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Preferred
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Express
Otter Lake
Elementary
1401 Co. Rd H2
653-2831
Yes
Yes
Yes
Yes
Citv of Willernie
Institution
Address
Phone
Free I -Net
Free Sub -Net
Free Basic
1 Free
Drop
Drop
Preferred
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E ress
Willernie City Hall
I I 1 Wildwood Rd
429-2977
Yes
Yes
Yes
Yes
• **School not listed in document provided by State of Minnesota
• *MediaOne Express provided without charge upon request of Cable Commission
Exhibit F
End -to -End Fiber Connection and Usage Policies
for I -Net
tal Cow^action to Institutional NetWV
All I -Net connections existing and required in the current franchise shall remain
required. In addition, all institutions designated on Exhibit E shall be connected to
the Institutional Network along with any new or relocated city hall which may be
constructed by a member municipality or to which a member municipality may
otherwise move its government offices or council meeting locations. Other public or
educational institutions subsequently designated by a member municipality shall be
connected to the institutional Network if the designated institution is located less than
five hundred (500) feet from the existing Institutional Network, or if such designated
institution agrees to reimburse Company for Company's actual costs in excess of the
five hundred (500) foot installation actual costs.
Member Municipalities.
A building to node fiber connection and drop shall be accomplished without
charge to any city hall/township hall which requests such connection. All other
municipal buildings shall be connected to the nodes with a fiber connection and drop
upon request of the municipality and upon agreement to reimburse the Company for
all costs associated with such connection. In the event Company extends the
Institutional Network with a fiber connection from any node to any municipal building
without cost to that member municipality, then other subsequent request from the
member municipality shall be complied with pursuant to those same "without cost"
terms.
Other Public Institutions.
All other public institutions shall be connected to the node with a fiber
connection and drop upon request of such institution and upon agreement to
reimburse the Company for all costs associated with such connection. In the event
Company extends the Institutional Network with a fiber connection from any node and
any other public institution without cost to that public institution, then any
subsequent request from that institution shall be complied to pursuant to those same
"without cost" terms.
Business Community.
In accordance with the Company's policies for service to the business
community.
Exhibit F • Page TWO
Member Municipalities.
Any member municipality shall receive free use of the Institutional Network for
video, audio, and data applications. The member municipality shall be responsible for
end user equipment which shall not include interface equipment such as modulators,
equipment which is necessary to be located at nodes, hubs, and headends.
Other Public Institutions and Community Organisations.
Any community organization listed on Exhibit E and all public institutions shall
be provided use of the Institutional Network for all applications, other than video, on
a "at cost' fee basis from the Company. End user equipment for such nonvideo
applications shall be the responsibility of the institution. Interface equipment shall be
provided for nonvideo applications at cost. The Company will make the I -Net capacity
available to the institutions designated on Exhibit E for video uses at no charge.
Business Community.
Use of bandwidth will be in accordance with the Company's policies for service
to the business community.
nrn„ition of "At Cost"•
To the extent that the Company may charge for use of bandwidth pursuant to
this Exhibit, such charges shall be at cost, which shall be defined as follows: the
lessor of (a) the Company's actual cost plus a 45% margin, (b) the most favored
comparable user rate, and (c) the lowest competitive rate among alternate providers
for the same service. Cost does not include capital construction cost of network. In
other words, "cost" should only include additional, ongoing maintenance costs directly
attributable to an institutions usage of I -NET capacity.
It will be the responsibility of the institution to obtain pricing from alternate
providers. If such pricing is not obtained, then the Company may charge the lessor
of parts a & b above.
Exhibit G
Ramsey/Washington I -Net Performance Standards
Upon completion of I -Net Upgrade:
I. video Transmissioa
A. Video transmission will comploy with the following performance
standards:
1. Carrier to noise ratio = 45 dB or better
2. Carrier to composite triple beat = minus 54 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. 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).
B. Testing will occur at least twice annually at the same time distribution
tests are performed.
1, From furthest institution to furthest institution related to the
performance of
interactive video.
2. From the furthest institution to the longest subscriber cascade.
3. Performed using existing I -NET carriers active at the time of the
testing, which will subject them to service interruptions.
4. Completed at mutually agreed upon entry demarcation point at the
institution.
5. The system will meet all such standards under full loading and any
combination of analog video, audio, and digital channels.
IY. Digital Transmission
A. For the I -NET that Is 50% or more coaxial cable, a Bit Error Rate of 1 x
10(-8) at the demarcation point.
1. Outage times not included
2. Ordinary operating conditions
B. For I -NET that is 50% or more fiber optic cable, a Bit Error Rate of 1 x
10(-9) at the demarcation point.
1. Outage times not included
2. Ordinary operating conditions
C. For both coaxial and fiber network, the company will meet or exceed a
relaibility factor of 99.965% on an annual basis.
Exhibit G - Page Ttuo
D. Testing will occur twice yearly, during the months of January/February
and July/August.
E. The method used by the company for testing BER must be approved by
the Commission.
F. The system will meet all such standards under full loading and any
combination of analog video, audio, and digital channels.
III. Repair and Maintenance
A Company will provide technical support on a 7 x 24 x 365 (24-hour a
day) response. Company must respond during this time within 10
minutes (under normal operating conditions the initial page to the
technician on call for I -NET problems will be within the 10 minute time
frame). The company shall work on the problem continuously until it is
resolved.
B. Fiber may be incorporated, where necessary, to 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. I -Net users will be notified at least seven days in advance of any
scheduled maintenance that will interrupt service on the I -Net, unless I -
Net users agree to waive such time frame, Where possible, such
maintenance will be scheduled at times of low usage.