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<br />
<br />~'d:,."abfe ServlC~.pr. ~; lTl"'all~, .' . _. .. .
<br />the pr'o~i'sion ofcornmunicatians and/p{J-.(andC~ty reserves the nght t? grant a
<br />entertainment services as "Cable 'Se,yICd"' is' " ,F.r,anch!se to a~y Person. at. any time d~~ng
<br />defined by Minn. Stat. ~ 238.01 et seq. and 47 . the period, of .tI'11S Franchise for the provIsIOn
<br />U.S.C.fi 521 et seq., as may be amended of Cable Service: The terms and conditions of
<br />from time to time, but including Institutional any such Franchise shall be, when taken a~ a
<br />Network services. whole, no I~ss bUrdE!nsome or more benE!ficlal
<br />e. ,"Cable Svste(l1" or "~" means a ~n those !mposed upon Grantee pursuant to
<br />system of antennas. cables, wires, Iines,thls Franchise. . . _~ .
<br />towers, waveguides, or other conductors. 3. Lease or Assl9nmen~ Prohibited; No
<br />Converters, equipment,. or facilities located in Person m!'IY le~s? Grant~ s Sy.stem fOr the
<br />City and designed and' con'structed for the purpose of prOVIding Servl<:6 until a~d unless '
<br />purpose of producing, receiving, transmitting, .such Person shall hav? first ob~med and
<br />amplifying, or distributing audio. video, and shall currentl~ ho!d a valid.F~anchise or ~er
<br />data. System as defined herein shall not be I~wf.ul authorization contal~lng .substantlal.ly'
<br />inconSistent with the definitions set forth in Similar burdens and ObligatIOns to thiS
<br />Minn. Stat. 238.02, subd. 3 and 47 U.S.C. fi Fr~nchise. Any assignment of rights under
<br />522(7). thiS Franchise shall be subject to. and in
<br />f. "Class IV Cable ChannEll" means a accordance with the requirements of Section
<br />signaling path provided by a Cable System to 10, Paragraph 5. . . .
<br />transmit signals of any type from a Subscriber . 4. Franchise Terru. This Franchise shall be
<br />terminal to another point in the System, In effe?t for a penodof fifteen (15) years fro~
<br />g. "Commercial Need" or "Marketolace the date of acceptance by Grante.e, unless
<br />~" means such need or market demand soo~er re~ewed, revoked or. terminated as
<br />which City and Grantee may jointly determine herein pr~Vlded.. '
<br />requires action or performance by Grantee as 5. PrevIous Fran~hlses. Upo~ acceptan?e
<br />specifically set forth. in this Franchise. Such b~ Grantee .as reqUIred by Section 13 herein,
<br />determination shall be based upon evidence thiS Fra~chlse s~all supers~e and repl~ce
<br />and information presented by City, Grantee any previous Ordinance granting a Franchise
<br />and other interested parties at a duly notiCed to Grantee. . . .
<br />public ,prOCeeding. Grantee shall have an 6, Co.mo/lance ~lt~::Dhc~ble Laws
<br />opPortunity to present evidence regarding the ResolutiOns and Ordma .
<br />level of market demand the cost of meeting . a. The terms of this Franchise shall
<br />such demand and the availability of define the ~ontractualrights and.o.bllgations of
<br />technologies to meet such demand. Any Gran,tee With resP6<?l to the provIsion o~.Ca~le
<br />decision regarding Commercial or ServICe and operation of the Sy~em In ~ity.
<br />Marketplace Need which requires action by However, the Grantee. shall at all tImes dunng
<br />Grantee shall not be unreasonable. the t~rm of .this Franchi~e be subject to all
<br />h. "ConvertQ.[" means an electronic I~wful exercise ?f the pohc~ power, ~tutory
<br />device which converts signals to a frequency ng~ts, local ordma~ce-maklng. authOrity, and
<br />acceptable to a television receiver of a emIR.ent domaIR rrghts of City.. Ex~ept as
<br />Subscriber and by an appropriate .selector prOVided belo~. any. modlflcat!on or
<br />permits a Subscriber to view all Subscriber am~ndment to thl,s Franchl~e, or the rights ?r
<br />signals included in the service. obhgatlons ,contained herein, must. be wlthrn
<br />I. "Qam" means the cable that connects ~e la~1 exercise of th~ ?ity's police. ~wer,
<br />the ground block on the Subscriber's m whIch case t~e proVISIOn(s) mOd~fi,ed or
<br />residence or institution to the nearest feeder amended h~relO sh~1l be speCifIcally
<br />cable of the System. . refer~".ced I" an ordinance of t~~ C?ity
<br />j. "~" means the Federal au~horlzrng s~ch amendmel'1t or mOd!fl?Btlon.
<br />Communications Commission and any legally ThIS Fran~hlse may also be mOdIfied or
<br />appointed, designated or elected agent or amend~ W~h the ~l'Itten cons~nt of Grantee
<br />successcr. as prOVided In Section 13.3 herein.
<br />k. "E'ranchis~"or "Cable Franchise" b.. Grant.ee shall. comply w~th the terms of
<br />means. this ordinance and the regulatory and any .Clty. ~rdrna~ce or regulation. of general
<br />contractual relationship e~bllshedhereby. applIcabIlity Wh!C~ ad.dress.es usage of the
<br />I. ..~" is MediaOne North Central . Rights-of-Way wlt~ln City ~h~h may have!he
<br />Communications Corp., its lawful successors, effect of supersedmg. modifying or ~mendmg
<br />transferees or assignees. the t.erms of Section 3 and/or Section 8.5(c)
<br />m. "Gross Revenues" means all revenue herel~, e~ceRt that Grant~ shall ~ot, through
<br />'receiVed directly or indirectly by the Grantee, apphc~tlon. of: such CIty ordinance or
<br />its affiliates, subsidiaries, parent, or person in reg~!atlOn of RI~hts~of.Way, be subject to .
<br />which Grantee has financial interest of five a~dltlonal burdens .Wlth respect to usage of
<br />percent (5%) or more, from the operation of ~Ig.hts-o~-Way w~ICh exceed burdens on
<br />its System withi:'! City including, but not limited Similarly sitUated Rights-of-Way u~rs.
<br />to all Cable Service fees Franchise Fees c. In the event of any conflIct between
<br />PEG Fees. late fees, installation and Sectio~ .~ and/or Sect~on 8.5~c) of this
<br />reconneCtion fees, upgrade and dOwngrade Franch!se a~d any City ordinance or
<br />fees, advertising revenue, Converter rental r~guratlon which add~esses usa!Je of the
<br />fees, Lockout Device fees, fees related to Rlghts-of-Wa~, the confllctin~ terms In, Section
<br />dommercial' and institutional usage of the 1- 3 and/or SectIon 8.5{G),of thIS Franchise shall
<br />net, Internet access fees, cable modem be sup!"rseded by such City ordinance or
<br />service fees and interest. The term Gross regulation, ~xc.ept that Gra.ntee ~hall not.
<br />Revenues shall not .Include any taxes on through. apph~n of such City ord,"~nce or
<br />services furnished by Grantee imposed by reg':l!atlon of Rlght~~of-Way, be Subject to
<br />any municipality, state, or other governmental a~dltlQnal burdens ,With respect to usage of
<br />unit and collectea by Grantee for such ~Ig.hts-of-Way w~lch exceed burdE1ns on
<br />governmental unit. Similarly situated Rlghts-of-~ay use~s.
<br />n. "Installatioo" means the connection of d. In the event any City ordinance or
<br />the System from feeder cable to the point of r~gulatlon whIch address~~' usage of the
<br />connection, with the Subscriber Converter or Rlghts-~-Wa~ adds to, modifIes, amepds, or
<br />other terminal equipment. otherWise. dlffer!"ntly addresse~ Issues
<br />o. "Institutional Networ~" or "~" addr?SSed In ~~on 3 and/or Sectlon8.5~C)
<br />means the discrete' communications network of thiS Fr~nChlse, Grantee s~all comply WIth
<br />and services related to such network provided suc~ or~IRance or regulatl~n of g.eneral
<br />by Grantee to identified' institutions as apPh~billty, regardless of wh}ch requIrement
<br />required by this Franchise. was fIrst adopted ex.~ep~ that Grantee s~a"
<br />p. "L.ockout Devic~" means an optional no~, . throug~ app~l~atlon. of such City
<br />mechanical or electrical aCcessory to a, ,prdlna,Qce.pr r!"gulatlon of RI9h!s-Of-Way; be
<br />Subscriber's terminal which inhibits the subject to.8d?itlonal b4/rdenswi!h respect to
<br />viewing of a certain program. certain channel, usage of Rlg~ts-o~-Way wh!Ch exceed
<br />or certain channels provided by way of the burdens on similarly 1IItuatedRlghts-of-Way
<br />Cable Communication System. . users. ,
<br />q. "Memorandum of Understandill9" or ~,.In theeventG~antee ~annot
<br />"Mm!" means that certain agreemerlt dated determ,"~ how to co'!lply WIth any Rlght-of-
<br />Way reqUIrement of City, Whether pursuant to
<br />
<br />, 10. SubSCriber fIIetwoi'k Droes to Desidn~
<br />Building$. Grantee shall provide, free of
<br />charge, Installation of one (1) subscriber
<br />network Drop, one (1) cable outlet, one (1)
<br />Converter, if necessary, and monthly Basic
<br />Cable Service without charge to the institutions
<br />identified on Exhibit B attached hereto and
<br />made a part hereof, and such other public or
<br />educational institutions subsequently
<br />designated by City which is located five
<br />hundred (500) feet or les'sfrom the existing
<br />Subscriber network. Any such institution
<br />located more than five hundred (500) teet shall
<br />be connected if such institution agrees to
<br />reimburse Grantee for Grantee's actual costs
<br />in excess of the five hundred (500) foot
<br />installation actual costs;
<br />Additional subscriber network Drops
<br />and/or outlets in any of the locations identified
<br />on Exhibit B will be installed by Grantee at the
<br />cost of Grantee's time and material.
<br />Altematively, said institution may add outlets at
<br />its own expense, as long as such Installation
<br />, meets Grantee's standards. Grantee shall have
<br />three (3) months from the date pf City
<br />designation of additional institution(s) to
<br />complete construction of the Drop and outlet
<br />unless weather or other conditions beyond the
<br />control of Grantee requires more time. The
<br />provision of Institutional Network service is
<br />addreSSed in Section 7 herein.
<br />SECTION 3.
<br />CONSTRUCTION STANDARDS
<br />1. . Beqistration. Permits. and ConstructiOQ
<br />~. ,
<br />a. Grantee shall strictly adhere to all state
<br />and local laws and building and zoning codes
<br />currently Or hereafter applicable to location,
<br />construction, installation,operation or
<br />. maintenance of the System in City and give
<br />due consideration at all times to the aesthetics
<br />. of the property.
<br />b. Failure to obtain permits or comply with
<br />permit requirements shall be grounds for
<br />revocation of this Franchise, or any lesser
<br />sanctions provided herein. or in any .other
<br />applicable law. .
<br />2. Reoair of Riahts-of-Wav and ProoerJY.
<br />Any and all Rights-Of-Way, or public or private
<br />property, which are disturbed or damaged
<br />during the construction, repair, replacement,
<br />relocation, operation, maintenance, expansion,
<br />extension or reconstruction of the.system shall
<br />be promPtly and fully restored by Grantee. at
<br />its expense, to the same condition as that
<br />prevailing prior to Grantee's work, as
<br />determined by City. 'I.f Grantee shall fail to
<br />promptly perform the restoration required
<br />herein, after written request of City and
<br />reasonable oppol1Unity to satisfy that request,
<br />City shall have the right to put the Rights-of-
<br />Way, public, or private property back into good
<br />condition. In the event City determines that
<br />Grantee is responsible fur such disturbance or
<br />damage, Grantee shall be obligated to fully
<br />reimburse City.for such restoration.
<br />3. . Conditions on Ri9ht-of-Y\'av Use.
<br />a. Nothing in this Franchise shall be
<br />construed to prevent City from constructing,
<br />maintaining, repairing or relocating sewers;
<br />grading, paving, maintaining, repairing,
<br />relocating and/or altering any Right-of-Way;
<br />conStructing, laying down, repairing,
<br />maintaining or relocating any water mains; or
<br />constructing, maintaining, relocating, or
<br />repairing any sidewalk .or other public work.
<br />b. All System transmission and
<br />distribution structures, lines and equipment
<br />erected by the Grantee within city shall be
<br />located so as not to ob$truct or interfere With
<br />the use of Rignts-of-Way except for normal and
<br />reascnable obstruction and intert9rence, which
<br />might occur dllring constrUCtion' and to cause
<br />minimum interferElnce with the 'rights of
<br />property owners whO abut any of said Rights-,
<br />of-Way and not to interfere witt! existing public
<br />. utility installations. , . ~
<br />. e. If at any time during the period of this
<br />Franchise City shall elect to alter or change the
<br />grade or location 01 any Right-Of-W~y, the
<br />Grantee shall, atits own expense, upon
<br />reasonable notice by Clty, remove and relocate
<br />its poles, wires, cables, conduits, manholeS.
<br />and other fixtures of the System, anllln each
<br />
<br />haadend equipment with state-Of<.the"art" -
<br />standard frequency heEldend equipment.
<br />c. Grantee shall d,evelop, construct and
<br />- operate a System capable of providing non.
<br />video services sllch as high-speed data
<br />transmission,lnternet access, and other
<br />competitive services Which shall be activated
<br />as Marketplace Need dictates. Grantee may
<br />use 200 MHz of the tOUlI 750 MHz System
<br />capacity for the provision of such services.
<br />d. During the design, walkout and
<br />preliminary construction activities related to
<br />upgrade of the System, Grantee shall seek to
<br />identify the non-video interests of the business
<br />community within City and will seek to quantify
<br />business community demand fO,. non-video
<br />services. Grantee shall report the results of Its
<br />investigation into business demand for non-
<br />video Services to the City or its deSignee no
<br />later than one (1) year from 'the
<br />commencement date of the Franchise. ,
<br />e. All final programming decisions remain
<br />the discretion of Grantee in accordance with
<br />the Proposal, provided that Grantee notifies
<br />City and SubSCribers.in writing thirty (30) days
<br />prior to any channel additions, deletions, or
<br />realignments, and further subject to Grantee's
<br />signal carriage obligations hereunder and
<br />pursuant to 47 U~S.C. 5 531-536, and further
<br />subject to City's right PUrsuant to 47 U.S.C. f
<br />545. Location and relocation of the PEG
<br />Channels shall' be governed by Section 6,
<br />.1.(c).
<br />2. Construclitm n~ble
<br />a. Grantee shall complete all construction
<br />related to the System upgrade required by'
<br />Section 4 herein on or befure November 30,
<br />2000, in accordance with the specific timeline
<br />identified in Exhibit C attached. Failllre.to
<br />timely complete such construction sh8JI be a
<br />violation of this Franchise.
<br />b. The System, once upgraded, shall
<br />continue to offer Service to all dwefl/ng units
<br />serviceable prior to upgrade and shall extend
<br />Service to any area within the corporate
<br />boundaries of city which was not previously
<br />constructed which exceeds a density of 35
<br />dwelling units per cable mile or greater for
<br />.overhead plant and 50 dwelling units per cable
<br />mile for undergrOUnd plant
<br />c. Within ninety (90) days after the
<br />commencement of the renewal term of this
<br />Franchise, Grantee shall commence
<br />application lor all necessary permits, licenses,
<br />certificates and authorizations which are
<br />required in the conduct of its business. Failure
<br />to timely. commence' application for the
<br />aforementioned authorizations shall be a
<br />violation of this Franchise.
<br />d. Within ninety (90) days after
<br />commencement of the term of this renewed
<br />FranChise, Grantee will commence System
<br />design, walkout and all other preliminary
<br />constrUction activities related to upgrade of the
<br />System and shall give written notiCe thereof to
<br />
<br />City upon commencement 'of such activities.
<br />3.. InterruDtion of ServicQ. The Grantee shall
<br />interrupt service Only fur good cause and fOr
<br />the shortest time possible. Such interruptIOn
<br />shan OCCUr during Periods of minimum use of
<br />the System, If service is interrupted for a total
<br />period of more than forty eight (48) hours in
<br />any thi'o/ (30) day period, Subscribers shan be
<br />credited pro rata. for such interruption.'
<br />4. Technical Standarqs. The technical
<br />standards used in the operation. of the system
<br />shan comply, at minimum, with the technical
<br />standards promulgated by 'the FCC relating to
<br />Cable. Systems pursuant to Title 47, SectiOn
<br />76.601 to .78.617, as may be amended or
<br />modified from time to time, which regulations
<br />are expressly incorporated herein by reference.
<br />. 5. Soecial Testing. .
<br />a. . The City shall have the right to inspect
<br />all. construction or installation work performed
<br />pursuant to provisions of the Franchise. In
<br />~, the City may require special testing of
<br />a location or locations within the System if
<br />there Is a partiCUlar matter of controversy or
<br />unresolved complaints regarding such
<br />
<br />Public notices . . . .
<br />Continued on Pa~~ 12
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