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<br />Public notices. . .
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<br />Continued from Page 11
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<br />&nstruction or installation work or ~ to
<br />such location(s). Demand for sUch special tests
<br />may be made on the basis of complaints
<br />received or other evidence indicating an
<br />unresolved controversy or noncompliance.
<br />Such tests shall be limited to the particular
<br />matter in controversy or unresolved
<br />pomplaints. The City shall endeavor to so
<br />flrrange its request for such Special testing so
<br />fill to, minimize hardship or inconvenience to
<br />prantee or to the Subscobers caused by such
<br />~li!sting. , .
<br />f' b. Before ordering such tests, Grantee
<br />shall be afforded thirty (30) days following
<br />receipt of written notice to investigate and" if
<br />necessary, correct problems or complaints
<br />upon which tests were ordered. The City shall .
<br />meet with Grantee prior to requiring special
<br />tests to discuss the need for such and, if
<br />poSSible, visually inspect those locations which
<br />are the focus of concern. If, after such
<br />meetings and inspections, City wishes to
<br />commence special tests and the thirty (30)
<br />days have elapSed without correction of the
<br />matter ,in controversy or unresolved
<br />complaints, 'the tests shall be conducted at
<br />Grantee's expense by a qualified engineer
<br />selected by City and Grantee, and Grantee
<br />shall COOperate in such testing.
<br />:6. OraD Testil1Q and ReDlacement. Grantee
<br />shall insert a 750 MHz carrier at a level 10db
<br />belOw the video caniers that will be measured
<br />by Grantee as a' nonnal procedure C\urir:J9 all
<br />service calls. In addition, the Drops and rEllated
<br />j!assive equipment will be inspected during
<br />I,nstallations to assure that the Drop and
<br />passive equipment can pass the full 750 MHz
<br />System capacity. In the event measurement of
<br />the carrier or the inspection demonstrate that a
<br />Drop or associated passive equipment do not
<br />pass the full 750 MHZ, the Subscriber address
<br />' will be recOrded by Grantee and Grantee Shall
<br />provide City, or its designee, upon 'request a
<br />report indicating the addresses where Drops or
<br />associated passive equipment have failed.
<br />prantee shall replace all failing Drops and/or
<br />associated passive equipment at the time the
<br />address upgrades service to a level which
<br />requires a signal above the 550 MHz spectrum
<br />at no separate charge to the individual
<br />subscriber. ' ,
<br />,7. FCC ReDorts. The results Of any tests
<br />required to be filed by Grantee with the FCC
<br />shall upon request of City also be filed with the
<br />City or its designee within ten (10) days of the
<br />~nduct of such tests.
<br />,a. Interconnection. The System servicing the
<br />Cities of Arden Hills, Falcon Heights,
<br />lauderdale, UtIle Canada, Mounds View, New
<br />Brighton, North Oaks, RoseVille, St. Anthony;
<br />and Shoreview shall continue to be completely
<br />interconnected. In addition, Grantee Shall make
<br />~vailable for interconnection purposes one (1)
<br />six (6) MHz channel for forward video
<br />purposes, one (1) six (6) MHz channel for
<br />r~turn video purposes, one (1) six (6) MHz
<br />channel for forward data or other purposes,
<br />and one (1) six (6) MHz channel for return data
<br />c:ir ,other purposes between all systems
<br />, adjacent to the North SUb,urbanSystem and
<br />under cqmmon ownership with Grantee.
<br />9. Nonvoice Return C~Dlilllili~. Grantee is
<br />required to use cable lilnd associated
<br />electronics having the technical .capacity for
<br />nonvoice return communications.
<br />10. Lockout Devic~. Upon the request of a
<br />SUbscriber, Grlilntee Shlilll mlilke lilvailable lil
<br />Lockout Device at no additional charge to
<br />SUbscribers.
<br />SECTION 5.
<br />SERVICE PROVISIONS
<br />1. A8Qu/alion of ServiM Ratell.
<br />a. The City may regulate rates for the
<br />provision of Cable Service, equipment, or any
<br />other COmmunications service prOVided Over
<br />lhe System to the extent allOWed Under federal
<br />or 'state :1aw{s\ ~it" rAQAru"~:fJhA__:d,.Jht";_'tl'\_
<br />
<br />.~...~;.
<br />
<br />. 'bo~nience of the customer. Service call
<br />. appointments must be met in a manner
<br />consistent with FCC standards. ' ,
<br />5. Subscrj~ Contr~. Grantee Shlillffile
<br />with City any standlilrd' form Subscriber
<br /><>>nlrlilCt utiUZed by Grantee. If no such written
<br />contract exists, Grantee shall file with the City a
<br />dOCUment completely and concisely stating the
<br />length and terms of thl;l SubSCriber contract
<br />Offered to custom~rs. The length and tenns of
<br />any SubSCriber contract(s) shall be available
<br />for PUblic inspection dtJring normal business
<br />hours. ' "
<br />6. Refund Policy. In the event a Subscriber
<br />establiShes or terminates setVice lII1d receives
<br />lass than a full month's service, Grantee shall
<br />prorate the (IIonthly rate on the basis of the
<br />number of days in the periOd for which service
<br />was rendered to the number of days, in the
<br />billing.
<br />7. Late Fees. Fees for the late payment of
<br />bills Shlilllnot tie assessed until after the
<br />service has been fully provided lII1d, as of the
<br />due date of the bill notifying Subscriber of an
<br />unpaid balance, the bill remains unpaid. I.llte
<br />Fees may not exceed the actual costs to
<br />Grlilntee of late payment of bills and the
<br />servicing lII1d COllecting of such accounts.
<br />8. Office Policy. Grantee shall mlilintain a
<br />location in city or the Franchise territory
<br />encompassing any joint regulatory bOdy of
<br />which City is a Member for receiving
<br />SUbsc~iber inquiries and bill payments. The
<br />location must be staffed by a person capable of
<br />receiving inquiries and bill payments. In
<br />addition, Grantee shall maintain a IOClill drop
<br />box for receiving SUbscriber payments after
<br />htlurs.
<br />SECTION 6.
<br />. ACCESS CHANNEL(S) PROVISIONS
<br />1. Public. 'Educational and GovernmeQt
<br />~.
<br />a. City or its "deSignee is hereby
<br />designated to operate, administer, promote,
<br />and mlilnage access (public, education, and
<br />government ,programming) (hereinafter .PEG
<br />access") programming on the Cable System.
<br />b. Grantee shall dedicate 12 chlilnnel(s)
<br />for PEG access and community programmi"g
<br />use in accordance with the Proposal. All
<br />reSidential Subscribers Who receive all or any
<br />part of the total services offered on the System
<br />Shlilll be eligible to receive sUch channels at no
<br />additional charge. The channel(s) shall be
<br />activated upon the effective date of this
<br />Franchise and thereafter maintained. City may
<br />rename, reprogrlilm, or otherwise change the
<br />use of these chlilnnels in its sole discretion
<br />provided such use is non-commerCilill, llilwtu':
<br />and retains the general purpose of the
<br />proVision of commUnity programming. Nothing
<br />herein shall diminish the City's rights to secure
<br />additional channels pursuant to Minn. Stat 5
<br />238.084; .which is expressly incorporated
<br />herein by reference. City shall provide ninety
<br />(90) days prior written notice to Grantee of
<br />City's intent to. activate access channels.
<br />c. . Each public and government access
<br />chaOnel(s) reqUired, by this Section shall retain
<br />the channel designation/number it had as of
<br />the commencement of this Franchise term.
<br />Grantee may not move or otherwise change
<br />the chennel number or location of any public or
<br />government access or COmmunity program '
<br />channel without the written llpproval of the City
<br />or its designee. Upon' six (6) months notice to
<br />City, any other access channel may be moved
<br />by Grantee, but in no event more than once
<br />every two (2) years unless otherwise allowed
<br />by City, provided Grantee pays lilll reasonable
<br />costs or expenses arising out of the channel
<br />move inclUding, but not limited to, equipment
<br />necessary to effect the change at the
<br />programmer's production or receiving faCility
<br />(school frequency ~outing equipment, etc.),
<br />signage, letterhead, business 'cards, eind
<br />reasonable marketing or other constituency
<br />notification costs. In al)Y event, those access
<br />channels 'carried on the universal service tier
<br />pursuant to the MOU shall remain on the
<br />universal service tier. This paragraph shall nOt
<br />_applvtoReoional Channel.6. 'n'_ _~. " '''_
<br />
<br />Grantee's incremental actual cost for prOVidin~
<br />the additional six (6) fibers. " .
<br />Use of the Institutlonlill Network by a
<br />Qesignated institution is limited to its own
<br />use(s) and no institution may sell InstitutionaJ
<br />NelWOrk capacity or usage to a'ny third Party,
<br />. without the express Written consent of Grantee.
<br />2. Grante&'s Use of CaDaci\l! Grantee may
<br />use available clilpacity on the fifty-four (54)
<br />channel Institutionlill Network required in
<br />Paragraph la. above fOr other uses including
<br />commercial uses, provided, however, thlilt
<br />usage of seventy-five percent (75%) of such
<br />capacity by designated institutions shall have
<br />priority over other uses subject to rules or
<br />policies adopted by Grantee and llpproved in
<br />advance by City. Further, sho~ld City detennine
<br />thlilt any portion of Grantee's use of the twenty-
<br />five percent (25%) Should be terminated to
<br />accommodate the use by a designated
<br />institution for video purposes, CitY may direct
<br />that Grantee terminate its use at the expiration
<br />of any third party use contract or three (3)
<br />years, whichever is sooner. .
<br />3. End-User EauiDm$m.
<br />a. Designated institutions shall be
<br />generally responsible for providing their own
<br />end-user equipment. However, Grantee shall
<br />provide at no charge twemy (20) new
<br />modulators for City and/or designated
<br />institutions use of the Institutional Network, all
<br />as llpproved by the City.
<br />b. With "espect to non-video end-user
<br />equipment, upon request by a designated
<br />. institution, Grantee must either lease the
<br />equipment requested to the requesting
<br />institution or make reasonable efforts to
<br />arrange for the lease of such equipment.
<br />Within 30 days of a, written request, Grantee
<br />must notify the requesting institution in writing
<br />,of its ability or' inabi/ity to lease the requested
<br />equipment and the terms of such lease. The
<br />City, its designee, or the requesting institution
<br />may purchase or lease the equipment from any
<br />vendor. " ,
<br />c. In addition, Grantee will provide
<br />standby power for the Institutional Network,
<br />provide fifteen (15) new pilot generators, re-
<br />tune ten (10) existing return pi/ot generators,
<br />an.d .re-tune one ~undred twenty-four (124)
<br />8XIsting return IlITIplifiers. ,
<br />4" >Service Standards. Grantee shall maintain
<br />thoSe technical and performance standards as
<br />are detai/ed in Exhibit D attached. Grantee
<br />shall provide the City, or its designee, upon
<br />request with reports of the perfonnlilnce of the
<br />'"Net and Grantee's complililnce with the
<br />technical andperfonnance standlilrdS.
<br />SECTION 8.
<br />OPERATION AND ADMINISTRATION
<br />PROVISIONS
<br />1. Administration of Franchis~. The City
<br />Administrator or other designee Shlilll have
<br />continuing regulatory jurisdiction and
<br />supervision over the System and the Grantee's
<br />operation under the, Franchise. The City, or its
<br />designee, may issue such reasonable rules
<br />and regulations concerning the construction,
<br />operation and maintenance of the System as
<br />are cO,nsistent with the provisions of the
<br />Franchise lilnd llilW.
<br />2. Deleoated Authority. The City may
<br />appoint, a citizen advisory body or lil Joint
<br />Powers COrrimission, or may delegate to, any
<br />other body or Person authority to administer
<br />the Franchise lII1d to monitor the performance
<br />of the Grantee pursuant to the Franchise.
<br />Grantee. shall cooperlilte with any such
<br />delegatee of City.
<br />. 3. Eranchise F~.
<br />a. During the term of the Franchise,
<br />Grantee shall pay quarterly to City or its
<br />delegatee a Franchise Fee in ,an amount equal
<br />to five percent (5%) of its quarterly Gross
<br />Revenues, or such other amounts lilS are ,
<br />SUbsequently pennitted by federill,statute.
<br />b. Any payments due under this provision
<br />shall be .payable quarterly. The pa~ shall
<br />be made within thirty, (30) days of the erld of
<br />. each ,of Grantee's fiscal quarters togethElFWlth
<br />. 'Srepottshowing the basis for the comp~n.
<br />~Alj.amo.unts:oaid lOhallh"'lOubIQcl tn
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<br />... .......... .... -......--..
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<br />damages sustained by City as a result of said
<br />default or rellOOation. . .
<br />d. Grantee shall be entitled to the return
<br />of the performance bond, or POrtion thereof, as
<br />remainS Sixty (60) dllys after the expiration of
<br />the term of the Franchise or revocation for
<br />deillult thereof. provided City has not notified
<br />Grantee of any actual or pot~ntial damages
<br />Incurred lilS a resull of Grantee's operations
<br />pursuant to the Franchise or ElS a result of said
<br />deillu/t.
<br />e. The' rights reserved to City with respect
<br />to the perfonnlilnce bOnd are in addition to all
<br />other rights of, City whether reserved by this
<br />FranchIse or authorized by IlilW, and nO action,
<br />Proceeding or exercise of a right with respect to
<br />the performance bond shall affect any other
<br />right City may have.
<br />2. ,leiter of Credit.
<br />a. At the time of acceptance of this
<br />FranChise, Grantee shall deliver to City an
<br />irrevocable lII1d unconditional Leiter of Cree/it,
<br />in fonn and substance acceptable to City, from
<br />a National or Stale bank approved by City" in
<br />the amount of $25,000.00.
<br />b. The Leiter of Credit shall provide that
<br />funds will be paid to City, upon' written demand
<br />of City, and if' an llITIount solely determined by
<br />City in payment for penalties charged pursuant
<br />to this Section, in payment for any monies
<br />owed by Grantee to City or any person
<br />pursulilnt to its obligations under this Franchise,
<br />or in' payment for any damage incurred by City
<br />or any person as a result of any acts or
<br />omissions by Grantee pursuam to this
<br />Franchise.
<br />c. In addition to recovery of any monies
<br />owed by Grantee to City or any person or
<br />
<br />dlilmages to City or any person as a resull of
<br />any acts or omissi~ by Grantee pursuant to
<br />the Franchise, City In its sole discretion may
<br />charge to and COllect from the Letter of Credit
<br />the follOWing penlillties:
<br />i. For failure to timely complete
<br />System upgrades. as provided in this Franchise
<br />unless City approves the delay, the penally
<br />Shall be $500.00 per day for each' day. or part
<br />thereof, such iIli/ure occurs or continues.
<br />ii. For failure to provide data,
<br />documents, reports or Information or to
<br />cooperate with City during an application
<br />process or system review or ,as otherwise
<br />proVided herein, the penalty shall be $25Cl.00
<br />per day for each day, or part thereof, ,such
<br />failure OCCUrs or continues.
<br />iii.Fiftejln (15) days following notice
<br />from City of lil failure of Grantee to comply with
<br />construction,: operation or maintenance
<br />standards, the penally Shlilll be $500.00 per
<br />day for each day, or part thereof, such Iai/ure
<br />occurs or continues. '.
<br />iv., For failure to provide the services
<br />Grantee. has proposed, inclUding, but not
<br />limited to, the irJ:IPlementation and the utilization
<br />of the access channels and the maintenance
<br />and/or replacement of the equipment and other
<br />facilities, the penalty shall be $500.00 per day
<br />for each day, or part thereof, such .feiilure
<br />occurs or continues.
<br />v. For Grantee's breach of any written
<br />contract or agreement With or to the City or its
<br />designee, the penalty shall be $500.00 per day
<br />for each day, or part thereof, such breach
<br />occurs or continues.
<br />vi. For failure to, comply with any of the
<br />provisions of this Franchise, or other City
<br />ordinance for which a penalty is not otherwise
<br />speCifically provided pursuanllo this paragraph
<br />C, th$ penalty shall be $250.00 per day for each
<br />dlilY, or part thereof, such failure Occurs or
<br /><;Onlinues.
<br />;' ,d. Each violation of any provision of this
<br />'franChise shall b!l considered a separate
<br />~~~~~ for~h~h_a_ separate penalty can be
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