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A <br /> 1. "Cable Service" is defined as the state and federal law from time to time will define it. <br /> However, included in the definition, regardless of the federal law definition are <br /> Institutional Network services, which will no doubt include significant data transmission <br /> service. This will provide adequate flexibility for the document in an environment of <br /> ever changing kinds of cable services. <br /> 2. "Gross Revenue", upon which the company pays a 5% franchise fee, is expanded not <br /> only to include revenue from all Cable Services, as defined above, but also makes clear <br /> that fees for such presumed revenue producers as advertising, Internet service, and cable <br /> modem service will be captured for the purpose of collecting city revenue. <br /> 3. The franchise is still "non-exclusive"which is required by law. Therefore, the city can <br /> grant franchises to as many competitors as wish to provide service in the city. <br /> 4. The franchise term is for 15 years. This is standard around the country and is argued by <br /> the company to be necessary for them to adequately finance the significant upgrade of the <br /> cable system. Some policy makers argue that a shorter term will give the system more <br /> flexibility to be upgraded and give the city more leverage in"getting things" from the <br /> company. The past franchise was for 15 years, and the systems were constantly and <br /> significantly upgraded, this being in the best interest of the company anyway. The <br /> Commission recommends a 15 year franchise. <br /> 5. The franchise is for the corporate boundaries of the City, but the system is really one <br /> system for the 10-city area, and is required to be interconnected with the systems which <br /> border the 10-city area. The Commission required this in an attempt to keep the North <br /> Suburban System a part of a greater metropolitan communications network, especially <br /> since many of the school district boundaries and the county boundaries extend beyond <br /> the 10-city area. <br /> 6. Subscriber and Institutional Network drops must be provided to all institutions listed in <br /> Exhibit B. The city should carefully check this list to be sure all necessary city buildings <br /> are covered. The institutions will be connected to both networks free of charge and <br /> current uses will continue free of charge. Additionally, 3 upstream and 3 downstream <br /> channels will be provided for non-video purposes, free of charge, with additional non- <br /> video use of this network provided for"cost plus 45%" or the"most favorable <br /> comparable user rate." For the six fibers to the nodes, additional use of these fibers will <br /> be on an"actual cost only"basis. <br /> 7. Construction will be completed on or before November 30, 2000. <br /> 8. The new franchise has attempted to interface with Right-of-Way ordinances which some <br /> of your cities might have adopted. Since some cities have not adopted them, the <br /> franchise needed to answer questions regarding construction or access to rights-of-way in <br /> 2 <br />