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<br />regulate tates 'orany-fui~;Ni~e~'t~'th;
<br />extent permitted by law.
<br />b . Grantee shall give City and
<br />Subscribers written notice of any change in a
<br />rate or charge at least one billing cycle prior to
<br />the effective date of the change. Bills must be
<br />clear; concise, and understandable, with
<br />itemization of all charges.
<br />2. Non-Standard Installation. Grantee shall
<br />install and provide Cable Service to any
<br />Person requesting other thana Standard
<br />Inst/llllation provided that said Cable Service
<br />can meet FCC technical specifications and all
<br />payment and policy obligations are met. In
<br />such case, Grantee may charge for the
<br />incremental increase in material and labor
<br />costs incurred beyond the Standard
<br />Installation.
<br />3, ~s Procedures. Grantee shall not
<br />eX€lcise deceptive sales procedures when
<br />market!ng any of.its services within City. In its
<br />initial communication or contact with a non-
<br />subscriber and in all general solicitation
<br />materials marketing the Grantee or its services
<br />as a whole, Grantee shall inform the non"
<br />Subscriber of all levels of service available
<br />including the lowest priced and free servic~
<br />tiers, Grantee shall have the right to market
<br />door-to-door during reasonable hours
<br />consistent with local ordinances and regulation.
<br />4, Subscriber Inquiry and Comolaint
<br />PrOCedures. . .
<br />a. Grantee shall have a publicly listed .toll-
<br />free telephone number which shall be operated
<br />so as to receive Subscriber complaints and
<br />requests on a twenty-four (24) hour-a-day,
<br />seven (7) days-a-week, 365 days a year basis.
<br />During normal business hours, trained
<br />representatives of Grantee shall be available to
<br />respond to Subscriber inquiries.
<br />b. Grantee .shall maintain adequate
<br />numbers of telephone lines and personnel to
<br />respond in a timely manner to schedule service
<br />calls and answer subscriber ,complaints or
<br />inquiries in a manner consistent with
<br />regulations adopted by the. FCC and City
<br />where applicable and lawful, Under normal
<br />operating conditions, telephone answer time by
<br />a customer representative, including wait time,
<br />shall not exceed thirty (30) seconds when the
<br />connection is made. If the call needs to be
<br />transferred, transfer time shall not exceed thirty
<br />(30) seconds. These standards shall be met no
<br />less than ninety (90) Percent of the time under
<br />normal operating conditions, measured ona
<br />quar~erly basis. Under normal operating
<br />conditions, the customer will receive a busy
<br />signal. less than three (3) percent of the time.
<br />Grantee shall respond to written complaints
<br />WIth copy to city or, its designee within thirty
<br />(30) days.
<br />c. Subject to Grantee's obligatiqns
<br />pursuant to law regarding privacy of certain
<br />information, Grantee shall prepare and
<br />maintain written records of all complaints
<br />received from City and the resolution of such
<br />complaints, including the date of such
<br />resolution, Such written records shall be on file
<br />atthe office of Grantee:' Grantee shall prOvide
<br />City with a written summalY of such complaints
<br />and their resolution upon request of. City. As to
<br />Subscriber complaints, Grantee shall comply
<br />with FCC record-keeping regulations, and
<br />make the results of such record-keeping
<br />available to city upon request.
<br />d. Subscriber requests for repairs shall be
<br />pertormed within thirty-six (36) hours of thEi'
<br />request unless conditions beyond the control of
<br />Grantee prevent such performance. Grantee
<br />may schedule appointments for Installations
<br />and other service call either at a. specific time
<br />or, at a maximum, during a four hour time block
<br />,during normlil business hours. Grantee may
<br />also schedule service, calls outside normal
<br />business hours for 'the convenience of
<br />customers. Grantee shall use its beSt .efforts to
<br />not cancel an a'ppointment with a custom~
<br />after the close of busineSS On 1he busineSS day
<br />prior to the scheduled appointment. If the
<br />installer or technician is late and will not meet
<br />the specified appointment time, he/she must
<br />.use hiS/her best efforts to contact the customer
<br />and reschedule the appointment at the lole
<br />
<br />2, . Charaes for Use.ChanneCtimeand
<br />playback of prerecorded programming on the
<br />PEG access and community program
<br />channel(s) must be provided without charge to
<br />City and the public.
<br />3. Access Rules,' City, or. its designee, shall
<br />implement rules for use 010 any access
<br />channel(s). ,. , '
<br />4. Access SUDoort. Grantee shall continue to
<br />be obligated pursuant to the MOU, and shall
<br />additionally provide $667,286.00 over the term
<br />of this Franchise for the acquisition ,of new
<br />equipment according to the schedule in Exhibit
<br />A attached.
<br />5. Studio Relocation. In addition to the
<br />agreement. between. City and Grantee,
<br />regarding the North Suburbs Access
<br />Corporation relocation pursuant to the access
<br />transfer agreement, the following shall apply: If
<br />North Suburbs Access Corporation expends,
<br />with Grantee's express written consent which
<br />may not be unreasonably withheld. over
<br />$1,000.00 to remodel or renovate its leasehold
<br />in a twelve (12) month period and Grantee.
<br />thereafter requires North Suburbs Access
<br />Corporation to move studio locations, Grantee
<br />shall reimburse North Suburbs Access
<br />Corporation 100% of its expenditures if the
<br />request to move is within one (1) year of. the
<br />expenSe of North Suburbs Access Corporation.
<br />Said reimbursement shall be decreased bY
<br />20% for each year the expense was incurred
<br />prior to the date North Suburbs Access.
<br />Corporation is required to move.
<br />6. ReQionai Channel 6. Grantee shall
<br />designate standard VHF Channel 6 for unifonn
<br />regional channel usage.
<br />7. State and Federal Law comoliance.
<br />Satisfaction. of the requirements. of this Section
<br />6 satisfies any and all of Grantee'S state and,
<br />federal law requirements of Grantee with
<br />respect to.PEG aCcess.
<br />SECTION 7.
<br />INSTITUTIONAL NETWORK (I-NEl)
<br />PROVISIONS
<br />1.~.
<br />a. Grantee shall provide an Institutional
<br />NEltwork with 54 ,channel capacity (16
<br />upstream channels 'and 38 downstream
<br />channels) in .the 5-450 MHz spectrum, all in
<br />accordance with the' Proposal. All institutions
<br />designated on Exhibit B attached hereto and
<br />made a part hereof shall be connected to tt.e
<br />Institutional Network along with any new City
<br />Hall which may be constructed by City or to
<br />whi.ch City may otherwise move its govemment
<br />offices or City Council meeting locations. Other
<br />public or educational institutions subsequently
<br />designated by City shall be connected'to the
<br />Institutional Network if the designated
<br />institution is located less than five hundred
<br />(500) feet from the existing Institutional
<br />Network, or if such designated institution,
<br />agrees to reimburse Grantee for Grantee's
<br />actual costS in excess of the five hundred (500)
<br />foot installation actual costs.
<br />b. All institutions designated on Exhibit B
<br />attached shall be allowed to make use of the
<br />full channel capacity for video uses at no
<br />charge. The institutions designated on Exhibit
<br />B atlachlJd may make use of three (3)-6 MH~
<br />channels downstream and three (3)-6 MHz
<br />channels upstream .for non-video uses at no
<br />charge. '
<br />c. Grantee shall construct and thereafter
<br />maintaln"fiber optics to the Institutional Network
<br />nodes which shall include two (2) fibers to
<br />'transmit the fifty-four (54) channels required in
<br />subparagraph a. above, and four (4) additional
<br />fiberS which are expressly for the use of the
<br />institutions listed in Exhibit B.
<br />Charges to t1esignated institutions .for
<br />non-video USEl of the. channels other than the
<br />six (6) non-video dedicated channels (three (3)
<br />upstream and three (3) downstream) on the
<br />Institutional Network required in subparagraph
<br />a. 'abl!lvEl shall be calculated based on
<br />Grantee's actual cost plus a 45% margin or the
<br />'m~st favored comparable user rate",
<br />whichever is lower. Charges to the designated
<br />institutions for video or non-video use of the six
<br />(6) fibers provided to the Institutional Network
<br />nodes shall be calculated based only upon:
<br />
<br />aU,d,if . and recomputation., ~YCity'-~ind
<br />,acceptance of any payment shall n~...."1le
<br />construed as an accord .thatthe amount JfIlic!i is
<br />in fact 1he correct amQUnt ., "
<br />4.' Access to Records. The City shall have
<br />the right to inspect, UP9n reasonable notice
<br />and during normal busjnesshO~rs, or require
<br />Grantee to provide wlttlln a r~nable time
<br />copies of any record!imaintai~ by Gra~
<br />which relate to System operations Including
<br />specifically Grantee~s accounting and financial
<br />records.. . '
<br />. 5. Reoorts and Maps to be Filed with Citv.
<br />. a: Grantee shall, file with the City, at the
<br />time or payment of 1he Franchise Fee, a report
<br />of all Gross Revenlles in form and substance
<br />as required by City.. ,
<br />b. Grantee shall prepare and furnish to
<br />City, at the times and in the form prescribed,
<br />such other reaSOnable reports with respect to
<br />Grantee's. operations pursuant to this
<br />"Franchise as City may require. '
<br />c. If required by City. Grantee shall
<br />furnish to and file with City Admini!ltrator 'the
<br />maps, plats, and permanent records of the
<br />location and character of all facilities
<br />constructed. including underground facilities,
<br />and Grantee shall file with City updates ohuch
<br />maps, plats and permanent records, annually if
<br />changes have been made in the System.
<br />6. Periodic Evaluation.
<br />a. The City may require .evaluation
<br />sessions at any time during the term of this
<br />Franchise; upon fifteen (15) days ~en notice
<br />to Grantee.
<br />b~ Topics wliich may be discussed at any
<br />evaluation session may include, but are not
<br />limited to, application of new technologies, .
<br />System performance, programming offered,
<br />access channels, facilities and support,
<br />municipal uses of cable, sybscriber rates,
<br />customer complaints, amendments to this
<br />Franchise, judicial rulings, FCC rulings, line
<br />extension policies and any other topics City
<br />deems relevant "
<br />c. As a result ofa periodic review or
<br />evaluation session, upon notification. from City,
<br />Grantee shall meet with city and undertake
<br />good faith efforts to reach agreement on
<br />changes and modifications to the terms and
<br />conditions of the Franchise which are both
<br />economically and technically feasible.
<br />
<br />SECTION 9.
<br />GENERAL FINANCIAL AND INSURANCE
<br />PROVISIONS
<br />,. Performance Bond.
<br />a. At the time the Franchise becomes
<br />effective and at all times. thereafter, until the
<br />Grantee has liquidated all of its obligations with
<br />City, the Grantee shall furnish, a bond to City In
<br />the amount of $500,000.00 in a form and with
<br />such sureties as reason~ly acceptable to City.
<br />This bond will .be conditioned upon the faithful
<br />performance by the Grantee of its Franchise
<br />obligations and upon 'the further condition that
<br />in thEl event the Grantee shall fail to comply
<br />with any law, ordinance or regulation governing
<br />the Franchise, there shall be recoverable Jointly
<br />and severally from the principal and surety of
<br />the bond any damages or loss suffered by City
<br />as a result, including the full amount of any
<br />compensation, indemnificatio'n or cost of
<br />removal or abandonment of any property of the
<br />Grantee,plus a reasonable allowance' for
<br />attomey's!ellS and costs, up to the full amount
<br />of the bond, and further guaranteeing payment
<br />by the Grantee of claims, liens and taxes due
<br />City which arise by reason of the construction,
<br />operation,or maintenance of the System.The
<br />ri$Jhts reserved by City with respect to the bond
<br />are in addition to all oIher rights City may have
<br />under the Franchise. or any other law. City may,
<br />from year to year, in its sole discretion, reduce
<br />the amount of the.oond.
<br />b. The timEl for Grantee to correct any,
<br />\(iolation or liability, shall be extended by City if
<br />the necessary action to correct suc~ violation.;
<br />or liability is, in the sole dEltermlnation of City, of '
<br />such a nature or character as to require more
<br />than thirty (30) days within which to perform,
<br />provided Grantee provides written notice that it
<br />requires more than thirty (30) days ,to CQrrect.
<br />such,violations or 'liability, commences' the-
<br />
<br />~City finds that'G~nte~ has
<br />J\oliitedonEl,or more terms, conditions or
<br />P'ro_I:\~ of this Franchise, or for any other
<br />\(iolatlon.contemplated in Subparagraph c.
<br />l!bove,a writtennotice shall be given to
<br />Grantee informing it of such violation. At any
<br />time after thirty (30) days (or such longer
<br />reasonable time which, In, the sole
<br />determination of City, is' necessalY to cure the
<br />alleged violation) following local receipt of
<br />notice, provided Grantee remains. in violation of
<br />qne or more terms, conditions or provisions of
<br />this Franchise, in the sole opinion of City, City
<br />may draw from t!:le Letter of Cr~it all penalties
<br />and other monies due City .from the ,date of the
<br />local receipt of notice.
<br />f. WheneVElr the Letter of Credit is drawn
<br />upon, Grantee may, within seven (7) days of
<br />such .draw, notify City in writing that there is a
<br />dispute as to whether a violation or failure has
<br />in fact o'ccurred. Such written notice by
<br />Grantee to City shall specify with particularity
<br />the matters disputed by Grantee. All penalties
<br />shall continue to accrue and City may continue
<br />to draw from the Letter of Credit during any
<br />appeal pursuant to this subparagraph f.
<br />. i. City shall hear Grantee's dispute
<br />within sixty (60) days and render a final
<br />decision within sixty (60) days thereafter.
<br />. ii. Upon the determination of City that
<br />no violation has taken place, City shall refund
<br />to Grantee, without interest, all monies drawn
<br />fr;om the Letter of eredit by reason of the
<br />alleged violation.
<br />g. If said Letter of Credit or any
<br />subsequent Letter of Credit delivered pursuant
<br />thereto expires prior to thirty {30) months after
<br />the expiration of the term of this Franchise, it
<br />shall be renewed or replaced during the term of
<br />this Franchise to provide that it will not expire
<br />earlier than thirty (30) months after the
<br />expiration of this Franchise. The renewed or
<br />replaced Letter of Credit shall be of the same
<br />form and with a bank authorized herein and for
<br />the full amount stated in Paragraph A of this
<br />SeCtion. '
<br />h. If City draws upon the l.E1tter of Credit
<br />or any subsequent Letter of Credit delivered
<br />pursuant hereto, in whole pr in part, Grantee
<br />shall replace or replenish to its full amount the
<br />same within ten (10) days and shall deliver to
<br />City a like replacement Leiter of Credit or
<br />certification of replenishment for the fulIl\mount
<br />stated In Section 9.2 (a) as a substitution of the
<br />previous Letter of Credit. This shall be a
<br />continuing obligation for any draws upon the
<br />Letter of Credit.
<br />i. If any Letter of Cladlt is not so. replaced
<br />or replenished, City may draw on said Letter of
<br />Credit for the whole amount thereof and use
<br />the proceeds as City determines in its sole
<br />discretion. The failure to replace or replenish
<br />any Letter of Credit /!'lay also, at the option of
<br />thEl City, be deemed a default by Grantee under
<br />this Franchise. The drawing on the Letter of
<br />Credit by City, and use {lithe money so
<br />obtained for payment or performance of the
<br />obligations, duties and responSibilities of
<br />Grantee which are in default, shall not bea
<br />waiver or release of such default.
<br />j. The collection byCity of any damages,
<br />monies or penalties from the Letter of Credit
<br />shall not affect any other right or remedy
<br />available to City, nor shall any act, or failure to
<br />act, by City pursuant to the Letter of Credit, be
<br />deemed a waiver of any right of City pursuant
<br />to this Franchise QI' otherwise;
<br />3. Indemnification of City.
<br />a. City, its officers, boards, committeEls,
<br />commissions, elected officials, employeEls and
<br />agents shall not be liable for any loss or
<br />damage to any real or personal property of any
<br />. Person, orfor any injulY to or death of any
<br />Person, ,arising out of or in connection with
<br />Grantee's construction, operation~
<br />maintenance, repair or removal of the System
<br />or as to any other action of Grantee with
<br />respect to this Franchise.
<br />b. Grantee shall indemnify, defend, and
<br />h,old harmless City, its officers, boards,
<br />committees, commissions, elected officials,
<br />employees and agents, from and against all
<br />liability, damages, and penalties which they
<br />may legally be required to pay as a result of the
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