HomeMy WebLinkAboutOrdinance 621
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ORDINANCE NO. U ~I
AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL
COMMUNICATIONS CORP. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN THE CITY OF MOUNDS VIEW; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR
REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF- WAY [IN
c;ONJUNCTION 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 Mounds View 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 developme~t 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
Communication 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 f 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.
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SECTION 1.
SHORT TITLE AND DEFINITIONS
Short Title. This Franchise Ordinance shall be known and cited as. the Cable
Franchise Ordinance.
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 Mounds View, a municipal corporation, in the State
of Minnesota, acting by and through its City Council, or its lawfully
appointed designee.
c.
"City Council" means the governing body of the City.
d. "Cable Service" or "Service" means the provision of communications
and/or entertainment services as "Cable Service" is defmed by Minn. Stat. 9
238.01 et seq. and 47 U.S.C 9 521 et seq., as may be amended from time
to time, but including Institutional Network services.
e.
"Cable System" or "System" means a system of antennas, cables, wires,
lines, towers, waveguides, or other conductors, Converters, equipment, or
facilities located in City and designed and constructed for the purpose of
producing, receiving, transmitting, amplifying, or distributing audio, video,
and data. 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.g 522(7).
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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 "Marketplace Need" means such need or market
demand which City and Grantee may jointly determine requires action or
performance by Grantee as specifically set forth in this Franchise. Such
determination shall be based upon evidence and information presented by
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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.
"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.
i.
"l2m1l" means the cable that connects the ground block on the Subscriber's
residence or institution to the nearest feeder cable of the System.
j.
":EQ:" means the Federal Communications Commission and any legally
appointed, designated or elected agent or successor.
k.
"Franchise" or "Cable Franchise" means this ordinance and the regulatory
and contractual relationship established hereby.
1.
"Grantee" is MediaOne North Central Communications Corp., its lawful
successors, transferees or assignees.
m.
"Gross Revenues" means all revenue received directly or indirectly by the
Grantee, its affiliates, subsidiaries, parent, or person in which Grantee has
fmancial interest of five percent (5 %) or more, from the operation of its
System within City including, but not limited to, all Cable Service fees,
Franchise Fees, PEG Fees, late fees, Installation and reconnection fees,
upgrade and downgrade fees, advertising revenue, Converter rental fees,
Lockout Device fees, fees related to commercial and institutional usage of
the I-net, Internet access fees, cable modern service fees and interest. The
term Gross Revenues shall not include any taxes on services furnished by
Grantee imposed by any municipality, state, or other governmental unit and
collected by Grantee for such governmental unit. .
n. "Installation" means the connection of the System from feeder cable to. the
point of connection with the Subscriber Converter or other terminal
equipment.
o.
"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.
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"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
Communication System.
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q. "Memorandum of Understanding" or "MOU" means that certain agreement
dated November 3, 1994 regarding PEG access funding, creation of a
"PEG Fee" and certain rate regulatory issues.
r. "North Suburbs Access COI:poration" means that certain non-profit
corporation or its lawful successor, designee, or assignee, which is
delegated authority and responsibility for providing certain community
programming functions including public access.
s. "North Suburban Svstem" means the Cable System located in those
municipalities collectively comprising the North Suburban Cable Service
territory as originally approved by the Minnesota Cable Communications
Board.
t.
"Pay Television" means the delivery over the System of pay-per-channel
or pay-per-program audio-visual signals to Subscribers for a fee or charge,
in addition to the charge for Basic Cable Service or Cable Programming
Services.
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u. "Person" is any person, firm, partnership, association, corporation,
company, or other legal entity.
v. "Proposal" means the Proposal for Franchise Renewal dated May 13, 1997,
submitted to the North Suburban Cable Communications Commission by
Group W Cable of the North Suburbs, Inc., as amended by the revised
Renewal Proposal submitted under cover letter dated August, 4, 1997, and
related correspondence and prior agreements or resolutions which are
attached hereto as Exhibit A.
w. "Right-of-Way" or "Rights-of-Way" means the area on, below, or above
any real property in City in which the City has an interest including, but
not limited to any street, road, highway, alley, sidewalk, parkway, park,
skyway, or any other place, area, or real property owned by or under the
control of City, including other dedicated Rights:.of- W ay for travel
purposes and utility easements.
x.
"Right-of-Way Ordinance"means the ordinance codifying requirements
regarding regulation, management and use of Rights-of-Way in City,
including registration and permitting requirements.
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y.
"Standard Installation" means any residential installation which can be
completed using a Drop of 250 feet or less.
z.
"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.
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GRANT OF AUTHORITY AND GENERAL PROVISIONS
1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions
contained herein. Grantee shall comply with all provisions of its Proposal, which
is expressly incorporated herein by reference. Failure of Grantee to provide a
System as described in its Proposal, or meet obligations and comply with all
provisions therein, shall be deemed a violation of this Franchise.
2. Grant of N onexc1usi ve 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, and maintain, 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 shall be nonexclusive, and City reserves the .right to grant
a franchise to any Person at any time during the period of this Franchise for
the provision of Cable Service. The terms and conditions of any such
franchise shall be, when taken as a whole, no less burdensome or more
beneficial than those imposed upon Grantee pursuant to this Franchise.
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. Any assignment of
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rights under this Franchise shall be subject to and in accordance with the
requirements of Section 10, Paragraph 5.
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.
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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, statutory rights, local ordinance-making authority, and
eminent domain rights of City. 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 of the 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-~ay users.
c.
In the event of any conflict between Section 3 and/or Section 8.5 (c) of this
Franchise and any 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.
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d.
In the event any 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 how to 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 North Suburban Cable Communications 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.
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
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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 Mounds View
2401 Highway 10
Mounds View, Minnesota 55112
Attention: City Manager/Administrator
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With copies to:
North Suburban Cable Communications Commission
950 W oodhill Drive
Roseville, Minnesota 55113
And to:
Thomas D. Creighton, Esq. and Robert J. V. V ose, Esq.
Bernick and Lifson, P .A.
5500 Wayzata Boulevard, Suite 1200
Minneapolis, Minnesota 55416
If to Grantee:
General Manager
MediaOne
950 W oodhill Drive
Roseville, Minnesota 55113
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.
10.
Subscriber Network Drops to Designated Buildings. Grantee shall provide, free
of charge, Installation of one (1) subscriber network Drop, one (i) cable outlet,
one (1) Converter, if necessary, and monthly Basic Cable Service without charge
to the institutions identified on Exhibit B attached hereto and made a part hereof,
and such other public or educational institutions subsequently designated by City
which is located five hundred (500) feet or less from the existing Subscriber
network. 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 five hundred (500) foot installation actual costs.
Additional subscriber network Drops and/or outlets in any of the locations
identified on Exhibit B will be installed by Grantee at the cost of Grantee's time
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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. The provision of Institutional Network
service is addressed in Section 7 herein.
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.
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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, as
determined by City. 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,
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.
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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
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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. Under grounding of Cable. Unless otherwise required by action of City Council,
Grantee must place newly constructed facilities underground in areas of City where
all other utility lines are placed underground. Amplifier boxes and pedestal
mounted terminal boxes may be placed 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 plans submitted with Grantee's permit
application(s) and approved by City.
5.
Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted
tenninal boxes, similar structures, or other wire-holding structures shall be erected
or installed by the Grantee without required permit of City.
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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. All 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: Minimum Channel Capacity.
a. Grantee shall develop, construct and operate for the term of this Franchise
a System providing 750 MHz capacity and which is fully activated with the
capability of delivering to all Subscribers capable of receiving them a
minimum of up to 81 video programmed channels. Construction will be
completed and channels activated as described in Exhibit C attached.
b. The System will utilize a hybrid fiber-coaxial architecture as detailed in the
Proposal. In addition, the System will be designed with the capability to
transmit return signals upstream in the 5 - 40 MHz spectrum which shall
be activated as Commercial Need dictates. Finally, in conjunction with the
upgrade, Grantee shall replace all existing headend equipment with state-of-
the-art standard frequency headend equipment.
c. Grantee shall develop, construct and operate a System capable of providing
. non-video services such as high-speed data transmission, Internet access,
and other competitive services 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.
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d.
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. Grantee shall report
the results of its investigation into business demand for non-video services
to the City or its designee no later than one (1) year from the
commencement date of the Franchise.
e.
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, and further subject to Grantee's signal carriage
obligations hereunder and pursuant to 47 V.S.C. ~ 531-536, and further
subject to City's rights pursuant to 47 V.S.C. ~ 545. Location and
relocation of the PEG Channels shall be governed by Section 6, 1. (c).
2. Construction Timetable.
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a.
Grantee shall complete all construction related to the System upgrade
required by Section 4 herein on or before November 30, 2000, in
accordance with the specific timeline identified in Exhibit C attached.
Failure to timely complete such construction shall be a violation of this
Franchise.
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 ~n 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.
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3.
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 .
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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 be
credited pro rata for such interruption.
4.
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.
5.
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 i correct
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 testiI?-g.
6.
Drop Testing and Replacement. Grantee shall insert a 750 MHz carrier at a level
10db 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
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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.
7.
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.
8.
Interconnection. The System servicing the Cities of Arden Hills, Falcon Heights,
Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville,
St. Anthony, and Shoreview shall continue to be completely interconnected. In
addition, Grantee shall make available for interconnection purposes one (1) six (6)
MHz channel for forward video purposes, one (1) six. (6) MHz channel for return
video purposes, one (1) six. (6) MHz channel for forward data or other purposes,
and one (1) six. (6) MHz channel for return data or other purposes between all
Systems adjacent to the North Suburban System and under common ownership with
Grantee.
9.
N onvoice Return Capabilitv. Grantee is required to use cable and associated
electronics having the technical capacity for nonvoice return communications.
10.
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. Re~lation of Service Rates.
a. The City may regulate rates for the provision of Cable Service, equipment,
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.
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.
14
3.
.
Sales Procedures. Grantee shall not exercise deceptive sales procedures when
marketing any of its 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.
4. 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 caIls 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 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 s~all be on file
at the office of Grantee. Grantee shall provide City with a written
summary of such complaints and their resolution upon request oiCity. As
to Subscriber complaints, Grantee shall comply with FCC record-keeping
regulations, and make the results of such record-keeping availal:>le 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.
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.
.
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Grantee may also schedule service calls outside normal business hours for
the convenience of customers. Grantee shall use its best efforts to not
~ancel 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 a manner consistent with FCC standards.
5.
Subscriber Contracts. Grantee shall file with City any standard form Subscriber
contract utilized by Grantee. If no such written contract exists, Grantee shall file
with the City 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.
6.
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.
7.
Late Fees. Fees for the late payment of bills shall not be assessed until after the
service has been fully provided and, as of the due date of the bill notifying
Subscriber of an unpaid balance, the bill remains unpaid. Late Fees may not
exceed the actual costs to Grantee of late payment of bills and the servicing and
collecting of such accounts.
8. Office Policv. Grantee shall maintain a location in City or the Franchise territory
encompassing any joint regulatory body of which City is a Member for receiving
Subscriber inquiries and bill payments. The location must be staffed by a person
capable of receiving inquiries and bill payments. In addition, Grantee shall
maintain a local drop box for receiving Subscriber payments after hours.
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 manage access (public, education, and government programming)
(hereinafter "PEG access") programming on the Cable System.
b.
Grantee shall dedicate 12 channel(s) for PEG access and. community
programming use in accordance with the Proposal. All residential
16
.
.
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 I S
rights to secure additional channels pursuanf 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.
Each public and government access channel(s) required by this Section
shall retain the channel designation/number it had as of the commencement
of this Franchise term. Grantee may not move or otherwise change the
channel number or location of any public or government access or
community program channel without the written approval of the City or its
designee. Upon six (6) months notice to City, any other access channel
may be moved by Grantee, but in no event more than once every two (2)
years unless otherwise allowed by City, provided Grantee pays all
reasonable costs or expenses arising out of the channel move including, but
not limited to, equipment necessary to effect the change at the
programmer's production or receiving facility (school frequency routing
equipment, etc.), signage, letterhead, business cards, and reasonable
marketing or other constituency notification costs. In any event, those
access channels carried on the universal service tier pursuant to the MOU
shall remain on the universal service tier. This paragraph shall not apply
to Regional Channel 6.
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. Grantee shall continue to be obligated pursuant to the MOU, and
shall additionally provide $667,286.00 over the term of this Franchise for the
acquisition of new equipment according to the schedule in Exhibit A attached.
5.
.
Studio Relocation. In addition to the agreement between the City and Grantee
regarding the North Suburbs Access Corporation relocation pursuant to the access
transfer agreement, the following shall apply: If North Suburbs Access
Corporation expends, with Grantee's express written consent which may not be
unreasonably withheld, over $1,000.00 to remodel or renovate its leasehold in a
17
.
6.
7.
1. Capacity.
.
.
twelve (12) month period and Grantee thereafter requires North Suburbs Access
Corporation to move studio locations, Grantee shall reimburse North Suburbs
Access Corporation 100 % of its expenditures if the request to move is within one
(1) year of the expense of North Suburbs Access Corporation. Said reimbursement
shall be decreased by 20 % for each year the expense was incurred prior to the date
North Suburbs Access Corporation is required to move.
Regional Channel 6. Grantee shall designate standard VHF Channel 6 for uniform
regional channel usage.
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 Grantee
with respect to PEG access.
SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS
a.
Grantee shall provide an Institutional Network with 54 channel capacity (16
upstream channels and 38 downstream channels) in the 5-450 MHz
spectrum, all in accordance with the Proposal. All institutions designated
on Exhibit B attached hereto and made a part hereof shall be connected 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. Other public or educational
institutions subsequently designated by City 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 Grantee for Grantee's actual costs
in excess of the five hundred (500) foot installation actual costs.
b. All institutions designated on Exhibit B attached shall be all~wed to make
use of the full channel capacity for video uses at no charge. The
institutions designated on Exhibit B attached may make use of three (3)-6
MHz channels downstream and three (3)-6 MHz channels upstream for
non-video uses at no charge.
c.
Grantee shall construct and thereafter maintain fiber optics to the
Institutional Network nodes which shall include two (2) fibers to transmit
the fifty-four (54) channels required in subparagraph a. above, and four (4)
additional fibers which are expressly for the use of the institutions listed in
Exhibit B.
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.
.
.
, .
Charges to designated institutions for non-video use of the channels other
than the six (6) non-video dedicated channels (three (3) upstream and three
'(3) downstream) on the Institutional Network required in subparagraph a.
above shall be calculated based on Grantee's actual cost plus a 45 % margin
or the,umost favored comparable user rate", whichever is lower. Charges
to the designated institutions for video or non-video use of the six (6) fibers
provided to the Institutional Network nodes shall be calculated based only
upon Grantee's incremental actual cost for providing the additional six (6)
fibers.
Use of the Institutional Network by a designated institution is limited to its
own use(s) and no institution may sell Institutional Network capacity or
usage to any third party, without the express written consent of Grantee.
2.
Grantee's Use of Capacity. Grantee may use available capacity on the fifty-four
(54) channel Institutional Network required in Paragraph 1a. above for other uses
including commercial uses, provided, however, that usage of seventy-five percent
(75 %) of such capacity by designated institutions shall have priority over other
uses subject to rules or policies adopted by Grantee and approved in advance by
City. Further, should City determine that any portion of Grantee's use of the
twenty-five percent (25 %) should be tenninated to accommodate the use by a
designated institution for video purposes, City may direct that Grantee terminate
its use at the expiration of any third party use contract or three (3) years,
whichever is sooner.
3. End-User Equipment.
a. Designated institutions shall be generally responsible for providing their
own end-user equipment. However, Grantee shall provide at no charge
twenty (20) new modulators for City and/or designated institutions use of
the Institutional Network, all as approved by the City.
b. With respect to non-video end-user equipment, upon request by a
designated institution, Grantee must either lease the equipment requested
to the requesting institution or make reasonable efforts to auange for the
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.
c.
In addition, Grantee will provide standby power for the Institutional
Network, provide fifteen (15) new pilot generators, re-tune ten (10)
existing return pilot generators, and re-tune one hundred twenty-four 124
existing return amplifiers.
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.
.
e
4.
Service Standards. Grantee shall maintain those technical and performance
standards as are detailed in Exhibit D 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.
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.
Dele~ated 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 %) 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 I s fiscal quarters together with a report showing the basis for the
computation.
c. All amounts paid shall be subject to audit and recomputatio:p. 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.
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5.
Reports and Maps to be Filed with City.
.
a. Grantee shall file with the City, at the time or 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.
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.
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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.
SECTION 9.
GENERAL FINANCIAL AND INSURANCE PROVISIONS
1. Performance Bond.
a.
At the time the Franchise becomes effective and at all times thereafter, until
the Grantee has liquidated all of its obligations with City, the Grantee shall
furnish a bond to City in the amount of $500,000.00 in a form and with
such sureties as reasonably acceptable to City. 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
.
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"
.
.
.
, .
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 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 which arise by reason of the construction, operation, or
maintenance of the System. The rights reserved by City 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 timei 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 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 default.
e. . The rights reserved to City with respect to the performan~e bond are in
addition to all other rights of City 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 may have.
2. Letter of Credit.
a.
At the time of acceptance of this Franchise, Grantee shall deliver to City
an irrevocable and unconditional Letter of Credit, in form and substance
acceptable to City, from a National or State bank approved by City, in the
amount of $25,000.00.
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.
.
.
b.
The Letter of Credit shall provide that funds will be paid to City, upon
written demand of City, and in an amount solely determined by City in
payment for penalties charged pursuant to this Section, in payment for any
monies owed by Grantee to City 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.
I'
c. In addition to recovery of any monies owed by Grantee to City or any
person or damages to City or any person as a result of any acts or
omissions by Grantee pursuant to the Franchise, City in its sole discretion
may charge to and collect from the Letter of Credit the following penalties:
i. For failure to timely complete System upgrades as provided in this
Franchise unless City 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 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 foll~wing notice from City of a failure of Grantee
to comply with construction, operation or maintenance standards,
the penalty shall be $500.00 per day for each 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.
23
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 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 sole determination of City,
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 Francbise, in the sole opinion of City, City may draw
from the Letter of Credit all penalties and other monies due City 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 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 shall specify with particularity the matters disputed by
Grantee. All penalties shall continue to accrue and City may continue to
draw from the Letter of Credit during any appeal pursuant to this
subparagraph f.
.
i.
City 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 that no violation has taken place,
City shall refund to 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 renewe,d 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 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 City 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 ~ continuing obligation for any draws upon
the Letter of Credit.
.
24
.
i.
If any Letter of Credit is not so replaced or replenished, City may draw on
said Letter of Credit for the whole amount thereof and use the proceeds as
City determines in its sole discretion. The failure to replace or replenish
any Letter of Credit may also, at the option of the City, be deemed a
default by Grantee under this Franchise. The drawing on the Letter of
Credit by City, 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 of any damages, monies or penalties from the Letter
of Credit shall not affect any other right or remedy available to City, nor
shall any act, or failure to act, by City pursuant to the Letter of Credit, be
deemed a waiver of any right of City pursuant to this Franchise or
otherwise.
3. Indemnification of City.
.
a.
City, 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.
b. Grantee shall indemnify, defend, and hold harmless City, 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's 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 City 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,
its officers, elected officials, boards, commissions, agents and employees
25
.
.
.
for any and all damages and penalties which may arise as a result of this
Franchise. The policy or policies shall name the City as an additional
insured, and in their capacity as such, City 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 anyone Person, and $2,000,000.00 for
personal injury or death of two or more Persons in anyone occurrence,
$500,000.00 for property damage to anyone person and $2,000,000.00 for
property damage resulting from anyone 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 City.
SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCmSE
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:
1. 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 bankrupt.
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
26
.
3.
.
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 fmdings 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.
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
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 1)ot limited to, the right to operate the
System or transfer the System to another for operation by it.
.
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5. Sale or Transfer of Franchise.
.
e
.
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.
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 "controlling interest" shall be deemed to be
created upon the acquisition through any transaction or 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:
1. 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.
2. 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 SECor MnDOT. Upon request,
Grantee shall provide City with a complete copy of any such
document; and
3. 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 pennitted by federal law in which to review
a transfer request.
28
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.
.
e.
The Grantee shall reimburse City for all the 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.
, .
f.
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 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
11. 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.
29
.
.
_.
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, and all executive and administrative
orders relating to nondiscrimination.
, .
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
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 shail 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.
30
.
.
.
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.
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 a period 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
31
.
.
.
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 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.
Rights 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
32
.
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, 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 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 manne::
i. This Franchise will be properly executed and acknowledged by
Grantee and delivered to City.
ii. With its acceptance, Grantee shall also deliver any grant payments,
performance bond and insurance certificates required herein that
have not previously been delivered.
.
33
.
.
.
ATTEST:
By:
Its:
Passed and adopted this
:21
day of
Jtkr
.J
,1998.
CITY clfrO~~~~ ~It~f .
B t: p ~- , ". fr) Yt1 .
y:
Its: ~fY1;tr d-S: (~-tL/. 7" -f J{dV,.A.tl'
(cr j / .
V t ..oJ...)
ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions.
~AONE
Dated:
IO,.[-qg
C:\CABLE\NSCCCC\MOUNDSVI.FRN
34
~+~(~
.
STATE OF MINNESOTA)
COUNTY OF RAMSEY)
ss.
I, the undersigned, being the duly qualified Clerk Administrator of the City of Mounds View,
Minnesota, hereby certify that I have carefully compared the attached and foregoing with
the original thereof on file in my office, and the same is a full, true and complete copy
thereof, insofar as the same relates to:
Ordinance No. 621. An Ordinance Granting a Franchise to MediaOne North Central
Communications Corp. To Construct. Operate. and maintain a Cable Communications
System in the City of Mounds View: setting Forth Conditions accompanying the Grant of
the Franchise: Providing for Regulation and Use of the System and the Public Rights-Of-
Way In Coniunction with the City's Right-Of-Way Ordinance. if any. and prescribing
Penalties for the Violation of the Provisions Herein;
WITNESS MY HAND officially as such Clerk-Administrator and the corporate seal of the
City of Mounds View this 25 day of October, 1999.
. (SEAL)
.
Charles S. Whiti
Clerk Administrator
.
.
.
~ffibabit of ~ublitation
I i
~tate of :fMinne~ota
}ss.
QI:ountp of l\.am~ep
TONYA R.STENSGARD
, being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper
known as
NEW BRIGHTON BULLETIN
, and has full knowledge of the facts which
are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed ORDINANCE NO. 621
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for
successive weeks; it was first published on WEDNESDAY, the
5TH day of AUGUST ,19~, and was thereafter printed and published on every
to and including
, the
day of
, 19~; and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of
the notice:
*ABCDEFGHIJKLMNOPQRSTUVWXYZ
*ABCDEFGHIJKLMNOPQRSTUVWXYZ
*abcdefghijklmnopq rstuvwxyz
B~f: ~(jjpA\uJ1JJ
T Book eeper
Subscribed and sworn to before me on
this 5TH day of AUGUST , 1 9 98 .
S~1;l~1l \. ~~\i9
Notary Public
*Alphabet . me size and kind of type as the notice.
-, - STEPi;r '::~ K. MICHEL t
fj;"'. .,;) NOTAIIY rLI-~I-:: -1!.iNNES'HA
~:'j RA~t.:-:::'Y COUNTY
" Mycomm.r,;',esJan.at,200o. RATE INFORMATION
..
(1) Lowest classified rate paid by
commercial users for comparable space. . . . . . . . . . . . . . . . . . . . . . . . $17.00 per col. inch
(2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . $11 .56 per col. inch
(3) Rate actually charged for the above matter. . . . . . . . . . . . . . . . . . . . . $
per col. inch
1/98
~':
Public notices. . .
Continued from Page 11
&nstruction or installation work or ~ 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
pomplaints. The City shall endeavor to so
flrrange its request for such Special testing so
fill to, minimize hardship or inconvenience to
prantee or to the Subscobers caused by such
~li!sting. , .
f' b. Before ordering such tests, Grantee
shall be afforded thirty (30) days following
receipt of written notice to investigate and" if
necessary, correct 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.
:6. OraD Testil1Q and ReDlacement. Grantee
shall insert a 750 MHz carrier at a level 10db
belOw the video caniers that will be measured
by Grantee as a' nonnal procedure C\urir:J9 all
service calls. In addition, the Drops and rEllated
j!assive equipment will be inspected during
I,nstallations 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.
prantee 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. ' ,
,7. FCC ReDorts. 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
~nduct of such tests.
,a. Interconnection. The System servicing the
Cities of Arden Hills, Falcon Heights,
lauderdale, UtIle Canada, Mounds View, New
Brighton, North Oaks, RoseVille, St. Anthony;
and Shoreview shall continue to be completely
interconnected. In addition, Grantee Shall make
~vailable for interconnection purposes one (1)
six (6) MHz channel for forward video
purposes, one (1) six (6) MHz channel for
r~turn video purposes, one (1) six (6) MHz
channel for forward data or other purposes,
and one (1) six (6) MHz channel for return data
c:ir ,other purposes between all systems
, adjacent to the North SUb,urbanSystem and
under cqmmon ownership with Grantee.
9. Nonvoice Return C~Dlilllili~. Grantee is
required to use cable lilnd associated
electronics having the technical .capacity for
nonvoice return communications.
10. Lockout Devic~. Upon the request of a
SUbscriber, Grlilntee Shlilll mlilke lilvailable lil
Lockout Device at no additional charge to
SUbscribers.
SECTION 5.
SERVICE PROVISIONS
1. A8Qu/alion of ServiM Ratell.
a. The City may regulate rates for the
provision of Cable Service, equipment, or any
other COmmunications service prOVided Over
lhe System to the extent allOWed Under federal
or 'state :1aw{s\ ~it" rAQAru"~:fJhA__:d,.Jht";_'tl'\_
.~...~;.
. 'bo~nience of the customer. Service call
. appointments must be met in a manner
consistent with FCC standards. ' ,
5. Subscrj~ Contr~. Grantee Shlillffile
with City any standlilrd' form Subscriber
<>>nlrlilCt utiUZed by Grantee. If no such written
contract exists, Grantee shall file with the City a
dOCUment completely and concisely stating the
length and terms of thl;l SubSCriber contract
Offered to custom~rs. The length and tenns of
any SubSCriber contract(s) shall be available
for PUblic inspection dtJring normal business
hours. ' "
6. Refund Policy. In the event a Subscriber
establiShes or terminates setVice lII1d receives
lass than a full month's service, Grantee shall
prorate the (IIonthly 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.
7. Late Fees. Fees for the late payment of
bills Shlilllnot tie assessed until after the
service has been fully provided lII1d, as of the
due date of the bill notifying Subscriber of an
unpaid balance, the bill remains unpaid. I.llte
Fees may not exceed the actual costs to
Grlilntee of late payment of bills and the
servicing lII1d COllecting of such accounts.
8. Office Policy. Grantee shall mlilintain a
location in city or the Franchise territory
encompassing any joint regulatory bOdy of
which City is a Member for receiving
SUbsc~iber inquiries and bill payments. The
location must be staffed by a person capable of
receiving inquiries and bill payments. In
addition, Grantee shall maintain a IOClill drop
box for receiving SUbscriber payments after
htlurs.
SECTION 6.
. ACCESS CHANNEL(S) PROVISIONS
1. Public. 'Educational and GovernmeQt
~.
a. City or its "deSignee is hereby
designated to operate, administer, promote,
and mlilnage access (public, education, and
government ,programming) (hereinafter .PEG
access") programming on the Cable System.
b. Grantee shall dedicate 12 chlilnnel(s)
for PEG access and community programmi"g
use in accordance with the Proposal. All
reSidential Subscribers Who receive all or any
part of the total services offered on the System
Shlilll 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, reprogrlilm, or otherwise change the
use of these chlilnnels in its sole discretion
provided such use is non-commerCilill, llilwtu':
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 5
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. . Each public and government access
chaOnel(s) reqUired, by this Section shall retain
the channel designation/number it had as of
the commencement of this Franchise term.
Grantee may not move or otherwise change
the chennel number or location of any public or
government access or COmmunity program '
channel without the written llpproval of the City
or its designee. Upon' six (6) months notice to
City, any other access channel may be moved
by Grantee, but in no event more than once
every two (2) years unless otherwise allowed
by City, provided Grantee pays lilll reasonable
costs or expenses arising out of the channel
move inclUding, but not limited to, equipment
necessary to effect the change at the
programmer's production or receiving faCility
(school frequency ~outing equipment, etc.),
signage, letterhead, business 'cards, eind
reasonable marketing or other constituency
notification costs. In al)Y event, those access
channels 'carried on the universal service tier
pursuant to the MOU shall remain on the
universal service tier. This paragraph shall nOt
_applvtoReoional Channel.6. 'n'_ _~. " '''_
Grantee's incremental actual cost for prOVidin~
the additional six (6) fibers. " .
Use of the Institutlonlill Network by a
Qesignated institution is limited to its own
use(s) and no institution may sell InstitutionaJ
NelWOrk capacity or usage to a'ny third Party,
. without the express Written consent of Grantee.
2. Grante&'s Use of CaDaci\l! Grantee may
use available clilpacity on the fifty-four (54)
channel Institutionlill Network required in
Paragraph la. above fOr other uses including
commercial uses, provided, however, thlilt
usage of seventy-five percent (75%) of such
capacity by designated institutions shall have
priority over other uses subject to rules or
policies adopted by Grantee and llpproved in
advance by City. Further, sho~ld City detennine
thlilt any portion of Grantee's use of the twenty-
five percent (25%) Should be terminated to
accommodate the use by a designated
institution for video purposes, CitY may direct
that Grantee terminate its use at the expiration
of any third party use contract or three (3)
years, whichever is sooner. .
3. End-User EauiDm$m.
a. Designated institutions shall be
generally responsible for providing their own
end-user equipment. However, Grantee shall
provide at no charge twemy (20) new
modulators for City and/or designated
institutions use of the Institutional Network, all
as llpproved by the City.
b. With "espect to non-video end-user
equipment, upon request by a designated
. institution, Grantee must either lease the
equipment requested to the requesting
institution or make reasonable efforts to
arrange for the lease of such equipment.
Within 30 days of a, written request, Grantee
must notify the requesting institution in writing
,of its ability or' inabi/ity 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. " ,
c. In addition, Grantee will provide
standby power for the Institutional Network,
provide fifteen (15) new pilot generators, re-
tune ten (10) existing return pi/ot generators,
an.d .re-tune one ~undred twenty-four (124)
8XIsting return IlITIplifiers. ,
4" >Service Standards. Grantee shall maintain
thoSe technical and performance standards as
are detai/ed in Exhibit D attached. Grantee
shall provide the City, or its designee, upon
request with reports of the perfonnlilnce of the
'"Net and Grantee's complililnce with the
technical andperfonnance standlilrdS.
SECTION 8.
OPERATION AND ADMINISTRATION
PROVISIONS
1. Administration of Franchis~. The City
Administrator or other designee Shlilll 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 cO,nsistent with the provisions of the
Franchise lilnd llilW.
2. Deleoated Authority. The City may
appoint, a citizen advisory body or lil Joint
Powers COrrimission, or may delegate to, any
other body or Person authority to administer
the Franchise lII1d to monitor the performance
of the Grantee pursuant to the Franchise.
Grantee. shall cooperlilte with any such
delegatee of City.
. 3. Eranchise F~.
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%) of its quarterly Gross
Revenues, or such other amounts lilS are ,
SUbsequently pennitted by federill,statute.
b. Any payments due under this provision
shall be .payable quarterly. The pa~ shall
be made within thirty, (30) days of the erld of
. each ,of Grantee's fiscal quarters togethElFWlth
. 'Srepottshowing the basis for the comp~n.
~Alj.amo.unts:oaid lOhallh"'lOubIQcl tn
... .......... .... -......--..
damages sustained by City as a result of said
default or rellOOation. . .
d. Grantee shall be entitled to the return
of the performance bond, or POrtion thereof, as
remainS Sixty (60) dllys after the expiration of
the term of the Franchise or revocation for
deillult thereof. provided City has not notified
Grantee of any actual or pot~ntial damages
Incurred lilS a resull of Grantee's operations
pursuant to the Franchise or ElS a result of said
deillu/t.
e. The' rights reserved to City with respect
to the perfonnlilnce bOnd are in addition to all
other rights of, City whether reserved by this
FranchIse or authorized by IlilW, and nO action,
Proceeding or exercise of a right with respect to
the performance bond shall affect any other
right City may have.
2. ,leiter of Credit.
a. At the time of acceptance of this
FranChise, Grantee shall deliver to City an
irrevocable lII1d unconditional Leiter of Cree/it,
in fonn and substance acceptable to City, from
a National or Stale bank approved by City" in
the amount of $25,000.00.
b. The Leiter of Credit shall provide that
funds will be paid to City, upon' written demand
of City, and if' an llITIount solely determined by
City in payment for penalties charged pursuant
to this Section, in payment for any monies
owed by Grantee to City or any person
pursulilnt 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 pursuam to this
Franchise.
c. In addition to recovery of any monies
owed by Grantee to City or any person or
dlilmages to City or any person as a resull of
any acts or omissi~ by Grantee pursuant to
the Franchise, City In its sole discretion may
charge to and COllect from the Letter of Credit
the follOWing penlillties:
i. For failure to timely complete
System upgrades. as provided in this Franchise
unless City approves the delay, the penally
Shall be $500.00 per day for each' day. or part
thereof, such iIli/ure occurs or continues.
ii. For failure to provide data,
documents, reports or Information or to
cooperate with City during an application
process or system review or ,as otherwise
proVided herein, the penalty shall be $25Cl.00
per day for each day, or part thereof, ,such
failure OCCUrs or continues.
iii.Fiftejln (15) days following notice
from City of lil failure of Grantee to comply with
construction,: operation or maintenance
standards, the penally Shlilll be $500.00 per
day for each day, or part thereof, such Iai/ure
occurs or continues. '.
iv., For failure to provide the services
Grantee. has proposed, inclUding, but not
limited to, the irJ:IPlementation 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 .feiilure
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 $500.00 per day
for each day, or part thereof, such breach
occurs or continues.
vi. For failure to, comply with any of the
provisions of this Franchise, or other City
ordinance for which a penalty is not otherwise
speCifically provided pursuanllo this paragraph
C, th$ penalty shall be $250.00 per day for each
dlilY, or part thereof, such failure Occurs or
<;Onlinues.
;' ,d. Each violation of any provision of this
'franChise shall b!l considered a separate
~~~~~ for~h~h_a_ separate penalty can be
regulate tates 'orany-fui~;Ni~e~'t~'th;
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.
2. Non-Standard Installation. Grantee shall
install and provide Cable Service to any
Person requesting other thana Standard
Inst/llllation 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.
3, ~s Procedures. Grantee shall not
eX€lcise deceptive sales procedures when
market!ng any of.its 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 servic~
tiers, Grantee shall have the right to market
door-to-door during reasonable hours
consistent with local ordinances and regulation.
4, Subscriber Inquiry and Comolaint
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 ona
quar~erly 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 obligatiqns
pursuant to law regarding privacy of certain
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
atthe office of Grantee:' Grantee shall prOvide
City with a written summalY 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
pertormed within thirty-six (36) hours of thEi'
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 normlil 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 a'ppointment with a custom~
after the close of busineSS On 1he 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 lole
2, . Charaes for Use.ChanneCtimeand
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 010 any access
channel(s). ,. , '
4. Access SUDoort. Grantee shall continue to
be obligated pursuant to the MOU, and shall
additionally provide $667,286.00 over the term
of this Franchise for the acquisition ,of new
equipment according to the schedule in Exhibit
A attached.
5. Studio Relocation. In addition to the
agreement. between. City and Grantee,
regarding the North Suburbs Access
Corporation relocation pursuant to the access
transfer agreement, the following shall apply: If
North Suburbs Access Corporation expends,
with Grantee's express written consent which
may not be unreasonably withheld. over
$1,000.00 to remodel or renovate its leasehold
in a twelve (12) month period and Grantee.
thereafter requires North Suburbs Access
Corporation to move studio locations, Grantee
shall reimburse North Suburbs Access
Corporation 100% of its expenditures if the
request to move is within one (1) year of. the
expenSe of North Suburbs Access Corporation.
Said reimbursement shall be decreased bY
20% for each year the expense was incurred
prior to the date North Suburbs Access.
Corporation is required to move.
6. ReQionai Channel 6. Grantee shall
designate standard VHF Channel 6 for unifonn
regional channel usage.
7. State and Federal Law comoliance.
Satisfaction. of the requirements. of this Section
6 satisfies any and all of Grantee'S state and,
federal law requirements of Grantee with
respect to.PEG aCcess.
SECTION 7.
INSTITUTIONAL NETWORK (I-NEl)
PROVISIONS
1.~.
a. Grantee shall provide an Institutional
NEltwork with 54 ,channel capacity (16
upstream channels 'and 38 downstream
channels) in .the 5-450 MHz spectrum, all in
accordance with the' Proposal. All institutions
designated on Exhibit B attached hereto and
made a part hereof shall be connected to tt.e
Institutional Network along with any new City
Hall which may be constructed by City or to
whi.ch City may otherwise move its govemment
offices or City Council meeting locations. Other
public or educational institutions subsequently
designated by City 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 Grantee for Grantee's
actual costS in excess of the five hundred (500)
foot installation actual costs.
b. All institutions designated on Exhibit B
attached shall be allowed to make use of the
full channel capacity for video uses at no
charge. The institutions designated on Exhibit
B atlachlJd may make use of three (3)-6 MH~
channels downstream and three (3)-6 MHz
channels upstream .for non-video uses at no
charge. '
c. Grantee shall construct and thereafter
maintaln"fiber optics to the Institutional Network
nodes which shall include two (2) fibers to
'transmit the fifty-four (54) channels required in
subparagraph a. above, and four (4) additional
fiberS which are expressly for the use of the
institutions listed in Exhibit B.
Charges to t1esignated institutions .for
non-video USEl of the. channels other than the
six (6) non-video dedicated channels (three (3)
upstream and three (3) downstream) on the
Institutional Network required in subparagraph
a. 'abl!lvEl shall be calculated based on
Grantee's actual cost plus a 45% margin or the
'm~st favored comparable user rate",
whichever is lower. Charges to the designated
institutions for video or non-video use of the six
(6) fibers provided to the Institutional Network
nodes shall be calculated based only upon:
aU,d,if . and recomputation., ~YCity'-~ind
,acceptance of any payment shall n~...."1le
construed as an accord .thatthe amount JfIlic!i is
in fact 1he correct amQUnt ., "
4.' Access to Records. The City shall have
the right to inspect, UP9n reasonable notice
and during normal busjnesshO~rs, or require
Grantee to provide wlttlln a r~nable time
copies of any record!imaintai~ by Gra~
which relate to System operations Including
specifically Grantee~s accounting and financial
records.. . '
. 5. Reoorts and Maps to be Filed with Citv.
. a: Grantee shall, file with the City, at the
time or payment of 1he Franchise Fee, a report
of all Gross Revenlles 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. '
c. If required by City. Grantee shall
furnish to and file with City Admini!ltrator '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 ohuch
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 ~en notice
to Grantee.
b~ Topics wliich 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, sybscriber 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 ofa 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.
SECTION 9.
GENERAL FINANCIAL AND INSURANCE
PROVISIONS
,. Performance Bond.
a. At the time the Franchise becomes
effective and at all times. thereafter, until the
Grantee has liquidated all of its obligations with
City, the Grantee shall furnish, a bond to City In
the amount of $500,000.00 in a form and with
such sureties as reason~ly acceptable to City.
This bond will .be conditioned upon the faithful
performance by the Grantee of its Franchise
obligations and upon 'the further condition that
in thEl event the Grantee shall fail to comply
with any law, ordinance or regulation governing
the Franchise, there shall be recoverable Jointly
and severally from the principal and surety of
the bond any damages or loss suffered by City
as a result, including the full amount of any
compensation, indemnificatio'n or cost of
removal or abandonment of any property of the
Grantee,plus a reasonable allowance' for
attomey's!ellS and costs, up to the full amount
of the bond, and further guaranteeing payment
by the Grantee of claims, liens and taxes due
City which arise by reason of the construction,
operation,or maintenance of the System.The
ri$Jhts reserved by City with respect to the bond
are in addition to all oIher 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.oond.
b. The timEl for Grantee to correct any,
\(iolation or liability, shall be extended by City if
the necessary action to correct suc~ violation.;
or liability is, in the sole dEltermlnation 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 CQrrect.
such,violations or 'liability, commences' the-
~City finds that'G~nte~ has
J\oliitedonEl,or more terms, conditions or
P'ro_I:\~ of this Franchise, or for any other
\(iolatlon.contemplated in Subparagraph c.
l!bove,a writtennotice 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 sole
determination of City, is' necessalY to cure the
alleged violation) following local receipt of
notice, provided Grantee remains. in violation of
qne or more terms, conditions or provisions of
this Franchise, in the sole opinion of City, City
may draw from t!:le Letter of Cr~it all penalties
and other monies due City .from the ,date of the
local receipt of notice.
f. WheneVElr the Letter of Credit is drawn
upon, Grantee may, within seven (7) days of
such .draw, notify City in writing that there is a
dispute as to whether a violation or failure has
in fact o'ccurred. Such written notice by
Grantee to City shall specify with particularity
the matters disputed by Grantee. All penalties
shall continue to accrue and City may continue
to draw from the Letter of Credit during any
appeal pursuant to this subparagraph f.
. i. City 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 that
no violation has taken place, City shall refund
to Grantee, without interest, all monies drawn
fr;om the Letter of eredit 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 draws upon the l.E1tter of Credit
or any subsequent Letter of Credit delivered
pursuant hereto, in whole pr in part, Grantee
shall replace or replenish to its full amount the
same within ten (10) days and shall deliver to
City a like replacement Leiter of Credit or
certification of replenishment for the fulIl\mount
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.
i. If any Letter of Cladlt is not so. replaced
or replenished, City may draw on said Letter of
Credit for the whole amount thereof and use
the proceeds as City determines in its sole
discretion. The failure to replace or replenish
any Letter of Credit /!'lay also, at the option of
thEl City, be deemed a default by Grantee under
this Franchise. The drawing on the Letter of
Credit by City, and use {lithe money so
obtained for payment or performance of the
obligations, duties and responSibilities of
Grantee which are in default, shall not bea
waiver or release of such default.
j. The collection byCity of any damages,
monies or penalties from the Letter of Credit
shall not affect any other right or remedy
available to City, nor shall any act, or failure to
act, by City pursuant to the Letter of Credit, be
deemed a waiver of any right of City pursuant
to this Franchise QI' otherwise;
3. Indemnification of City.
a. City, its officers, boards, committeEls,
commissions, elected officials, employeEls and
agents shall not be liable for any loss or
damage to any real or personal property of any
. Person, orfor any injulY 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.
b. Grantee shall indemnify, defend, and
h,old harmless City, 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
November 3, 1994 regarding PEG access
funding, creation of a "PEG Fee" and certain
rate r!l!lulatory issues.. . .
r, "North Suburbs Access Corooration" ,
means that c;ertain non-profit Corporation or its
lawful successor, designee, or assignee,
which is delegated authority and responsibility
for providing certain community programming
functions including public access.
s. "North Suburban Svstem" means the
Cable System located in those municipalities
collectively comprising the North Suburban
Cabl.e Service territory as originally approved
by the Minnesota Cable Communications
Board.
t. . 'Pay Television" means the delivery
over the System of pay.per-channelor pay-
per-program audio-visual signals to
Subscribers for a fee or charge, in addition to
the charge for Basic Cable .Service or Cable
Programming Services.
u. "~" is any person, firm,
partnership, association, corporation,
company, or other legal entity.,
v. "~" means the Proposal for
Franchise Renewal dated May 13, 1997,
submitted to the North Suburban Cable
Communications Commission by Group '. W
Cable of the North Suburbs, Inc" as ame.nded
by the revised Renewal Proposal submitted
under cover letter dated August 4, 1997, and
related correspondence and prior agreements
or resolutions which are attached hereto as
exhibit A.
w. ~Right"of-Way" or "Riahts-ot-Wav"
means the area on, below, or above any real
property in City in which the City has an
interest including, but not limited. to any street,
road, . highway, alley, sidewalk, parkway, park,
skyway, or any other place, area, oneal
property owned by or under the control of
City, including other dedicated Rights-of-Way
for travel purposes and utility easements.
x. "Right-of-Wav Ordinance" meafls the
ordinance codifying requirements regarding
regulation, management and use of Rights-of-
Way in .City, including registration and
permitting requirements.
y. "Standard Installation" means any
residential installation which. can be
completed using a Drop of 25.0 feet or less.
z. "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.
1. Grant of Franchise. This Franchise is
granted pursuant to the terms and conditions
contained herein. Grantee shall comply with
SECTION 1. all provisions of its Proposal, which is
SHORT TITLE AND DEfINITIONS expressly incorporated herein by reference,
Failure of Grantee to provide a SYstem as.
1. Short Title. This Franchise Ordinance described in its Proposal, or meet obligations
shall be known and cited as the Cable I
and comply with all provisions therein, shal
Franchise Ordinance. be deemed a violation of this Franchise.
2. . Definitions. For the purposes of this 2. Grant of Nonexclusive Authoritv.
Franchise, the following terms, phrases, a. The Grantee shall have the right and
words, and their derivations shall have the privilege, subject to the permitting and other
meaning given herein. When not inconsistent lawful requirements of City ordinance, rule or
with the context, words in the singular number procedure, to construct, erect, and maintain,
include the plural number. The word "shall" is in, upon, along, across, above,. over and
always mandatory and not merely directory. under the Rights-of-Way in City a Cable
The word "may" is, directory and discretionary System and shall have the right and privilege
and not mandatory. to provide Cable Service. The System
a. "Basic Cable Service" means any constructed and maintained by Grantee or its
service tier which Includes the lawful agents shall not interfere with other uses of
retransmission of .Iocal television broadcast the Rights-of-Way. Grantee shall make use of.
signals and any public, educational, and existing poles and other above and below
governmental access programming required facilities available to Grantee to the extent it is
by the Franchise to be carried on the basic . I f 'bl d
tier. Basic Cable Service as defined herein technically and economica Iy . easl e to 0
shall not be inconlllstent with 47U.S.C. B so. b. Notwithstanding the above grant to
543(b)(7). use Rights-of-Way, no Right-of-Way sh~1I be
b. "~" means City of Mounds View, a used bv Grantee if City detE\rmines that such
municipal corporation, in the State of use is inconsistent with the terms, conditions,
Minnesota, acting by and through its City qr provisions by which such Right-of-Way W$8
Council, or its lawfUlly appointed des~~~ rj 'createt:l or dedicated, or with the present use
c. "City .Council" means ~he governi~g, . of the Right-of-way. .
body of the. City. ' 'f!' :~~.r" c. This Franchise shall be nonexclusive,
thl~ Franchise or other requirement, G~
shall immediately . provide written notice of
suCh question, including Grantee's proposed
interpretation, to the City with copy to the
North SubUrban Cable Cornmunications.
COmmission, in accordance with Section 2:9. .
The City or Comm.isslim-shall provide a
written response within fourteen (14) days of
receipt indicating how the requiren'lents 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.
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
reascnably necessary to enable said Grantee
to exerci~e 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 Mlnnescta,
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 s.uch group resides. Grantee
shall be given a reasonable period of time to
construct and activate cable plant to service
.annexed or newly developed area but in no
event notto 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. A.II 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 Mounds View
2401 Highway 10
Mounds View, Minnescta 55112
Attention: City Manager/Administrator
With copies to:
North Suburban
Communications Commission
950 Woodhill Drive
Roseville, MinnEl$Ota55113
And to:
Thomas D. Creighton, Esq. and Robert
:I. V. Vose, Esq. .
Bemick and Lifson, P.A.
5509 Wayzata Bouievard, Suite 1200
MinneapoliS, Minnesota 55416
If to Grantee:
General Manager
MediaOne
950 Woodhill Drive
Roseville, Minnesota 55113
With copies to:
John F. Gibbs, Esq.
Robins, Kaplan, Miller & Ciresi, LLP.
2800 laSalle Plaza
800 laSalle Ave. So.
Minneapolis, Minnesota 55402
Such addre.sses may be changed by
either party upon J)CItice to /he otIllll',party given
as orovided in this Section.
ORDINANCE NO. 621
AN ORDINANCE GRANTING A
FRANCHISE TO MEDIAONE NORTH
CENTRAL COMMUNICATIONS.CORP. TO
CONl)TRUCT, OPERATE. AND MAINTAIN. A'
CABLE C.OMMUNICATIONS SYSTEM IN
THE CiTY OF MOUNDS VIEW; SETTING
FORTH CONDITIONS ACCOMPANYING
THE GRANT OF THE FRANCHISE;
PROVIDING FOR REGULATION AND.USE
OF THE. SYSTEM AND THE PUBLIC
RIGHTS;.QF-WAYIIN 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 Mounds View
ordains: "
STATEMENT OF INTENT 'AND PURPOSE
- The City intends, by-th~, 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
resld.ents . and citizens of the City and the
public generally. Further, the C.ity may achie~e
better utilization and improvement of public
services' and enhanced economic
d.evelopment with the development and
operation of a Cable Communication System.
Adoption of this Franchise ill, 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 CoLincil makes the following findings:
1.' The Grantee's techl)ical ability, financial
Condition, legal qual/fications, an!! 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 operatinQ 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. a,nd
regulations; and
4. The Franchise granted to Grantee is
nonexclusive.
Cable
. rnsn..lC8 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
Will';cany gas,electric, telephone, water or other
utility fixtures and all such pOles, conduits, or'
other fixtures placed in any Right-of-Way s/:1a11
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
Persen requesting the ~e, and the Grantee
shall .be given not less than ten (10) days
advance written notice to arrange for such
temporary changes. .
1. 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 incontact
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.. UnderaroundinQ of Cable. Unless
otherwise. required by action of City Council,
Grantee must placa newly constructed flIcilities
underground in areas of City where all other
utility lines are placed underground. Amplifier
boxes and pedestal mounted terminal boxes
may be placed 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
plans .submitted with grantee's permit
appllcation(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 Reauirements.
a.. The Grantee shall at all times employ
ordinary and reascnable ciare 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. ,All system structures, and line.s,
equipment and connections in, over, under am!
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
Persen.
SECTION 4.
DESIGN PROVISIONS
1. System Upgrade' Minimum Channel
~.' .
a. Grantee shall develop, construct and
operate for the term of this Franchise a System
providing 750 MHz capacity and which is fully
aclM!ted with the capability of delivering to all
Subscribers capable of receiving them a
minimum of up to 81 .video programmed
channels. Construction will be completed aod
channels activated as described in Exhibit C
attached. - . r
b. The System will utilize a hybrid fiber-
coaxial architecture as detailed in the Proposal.
In addition, th!l System will be designed with
the capability to transmit return signals
upstream in the 5 - 40 MHz spectrum which
shall be activated as Commercial Need
dlct~tes. Finally, iflconJunction with the
. upgrade. Grantee shall replace all existing
~'d:,."abfe ServlC~.pr. ~; lTl"'all~, .' . _. .. .
the pr'o~i'sion ofcornmunicatians and/p{J-.(andC~ty reserves the nght t? grant a
entertainment services as "Cable 'Se,yICd"' is' " ,F.r,anch!se to a~y Person. at. any time d~~ng
defined by Minn. Stat. ~ 238.01 et seq. and 47 . the period, of .tI'11S Franchise for the provIsIOn
U.S.C.fi 521 et seq., as may be amended of Cable Service: The terms and conditions of
from time to time, but including Institutional any such Franchise shall be, when taken a~ a
Network services. whole, no I~ss bUrdE!nsome or more benE!ficlal
e. ,"Cable Svste(l1" or "~" means a ~n those !mposed upon Grantee pursuant to
system of antennas. cables, wires, Iines,thls Franchise. . . _~ .
towers, waveguides, or other conductors. 3. Lease or Assl9nmen~ Prohibited; No
Converters, equipment,. or facilities located in Person m!'IY le~s? Grant~ s Sy.stem fOr the
City and designed and' con'structed for the purpose of prOVIding Servl<:6 until a~d unless '
purpose of producing, receiving, transmitting, .such Person shall hav? first ob~med and
amplifying, or distributing audio. video, and shall currentl~ ho!d a valid.F~anchise or ~er
data. System as defined herein shall not be I~wf.ul authorization contal~lng .substantlal.ly'
inconSistent with the definitions set forth in Similar burdens and ObligatIOns to thiS
Minn. Stat. 238.02, subd. 3 and 47 U.S.C. fi Fr~nchise. Any assignment of rights under
522(7). thiS Franchise shall be subject to. and in
f. "Class IV Cable ChannEll" means a accordance with the requirements of Section
signaling path provided by a Cable System to 10, Paragraph 5. . . .
transmit signals of any type from a Subscriber . 4. Franchise Terru. This Franchise shall be
terminal to another point in the System, In effe?t for a penodof fifteen (15) years fro~
g. "Commercial Need" or "Marketolace the date of acceptance by Grante.e, unless
~" means such need or market demand soo~er re~ewed, revoked or. terminated as
which City and Grantee may jointly determine herein pr~Vlded.. '
requires action or performance by Grantee as 5. PrevIous Fran~hlses. Upo~ acceptan?e
specifically set forth. in this Franchise. Such b~ Grantee .as reqUIred by Section 13 herein,
determination shall be based upon evidence thiS Fra~chlse s~all supers~e and repl~ce
and information presented by City, Grantee any previous Ordinance granting a Franchise
and other interested parties at a duly notiCed to Grantee. . . .
public ,prOCeeding. Grantee shall have an 6, Co.mo/lance ~lt~::Dhc~ble Laws
opPortunity to present evidence regarding the ResolutiOns and Ordma .
level of market demand the cost of meeting . a. The terms of this Franchise shall
such demand and the availability of define the ~ontractualrights and.o.bllgations of
technologies to meet such demand. Any Gran,tee With resP6<?l to the provIsion o~.Ca~le
decision regarding Commercial or ServICe and operation of the Sy~em In ~ity.
Marketplace Need which requires action by However, the Grantee. shall at all tImes dunng
Grantee shall not be unreasonable. the t~rm of .this Franchi~e be subject to all
h. "ConvertQ.[" means an electronic I~wful exercise ?f the pohc~ power, ~tutory
device which converts signals to a frequency ng~ts, local ordma~ce-maklng. authOrity, and
acceptable to a television receiver of a emIR.ent domaIR rrghts of City.. Ex~ept as
Subscriber and by an appropriate .selector prOVided belo~. any. modlflcat!on or
permits a Subscriber to view all Subscriber am~ndment to thl,s Franchl~e, or the rights ?r
signals included in the service. obhgatlons ,contained herein, must. be wlthrn
I. "Qam" means the cable that connects ~e la~1 exercise of th~ ?ity's police. ~wer,
the ground block on the Subscriber's m whIch case t~e proVISIOn(s) mOd~fi,ed or
residence or institution to the nearest feeder amended h~relO sh~1l be speCifIcally
cable of the System. . refer~".ced I" an ordinance of t~~ C?ity
j. "~" means the Federal au~horlzrng s~ch amendmel'1t or mOd!fl?Btlon.
Communications Commission and any legally ThIS Fran~hlse may also be mOdIfied or
appointed, designated or elected agent or amend~ W~h the ~l'Itten cons~nt of Grantee
successcr. as prOVided In Section 13.3 herein.
k. "E'ranchis~"or "Cable Franchise" b.. Grant.ee shall. comply w~th the terms of
means. this ordinance and the regulatory and any .Clty. ~rdrna~ce or regulation. of general
contractual relationship e~bllshedhereby. applIcabIlity Wh!C~ ad.dress.es usage of the
I. ..~" is MediaOne North Central . Rights-of-Way wlt~ln City ~h~h may have!he
Communications Corp., its lawful successors, effect of supersedmg. modifying or ~mendmg
transferees or assignees. the t.erms of Section 3 and/or Section 8.5(c)
m. "Gross Revenues" means all revenue herel~, e~ceRt that Grant~ shall ~ot, through
'receiVed directly or indirectly by the Grantee, apphc~tlon. of: such CIty ordinance or
its affiliates, subsidiaries, parent, or person in reg~!atlOn of RI~hts~of.Way, be subject to .
which Grantee has financial interest of five a~dltlonal burdens .Wlth respect to usage of
percent (5%) or more, from the operation of ~Ig.hts-o~-Way w~ICh exceed burdens on
its System withi:'! City including, but not limited Similarly sitUated Rights-of-Way u~rs.
to all Cable Service fees Franchise Fees c. In the event of any conflIct between
PEG Fees. late fees, installation and Sectio~ .~ and/or Sect~on 8.5~c) of this
reconneCtion fees, upgrade and dOwngrade Franch!se a~d any City ordinance or
fees, advertising revenue, Converter rental r~guratlon which add~esses usa!Je of the
fees, Lockout Device fees, fees related to Rlghts-of-Wa~, the confllctin~ terms In, Section
dommercial' and institutional usage of the 1- 3 and/or SectIon 8.5{G),of thIS Franchise shall
net, Internet access fees, cable modem be sup!"rseded by such City ordinance or
service fees and interest. The term Gross regulation, ~xc.ept that Gra.ntee ~hall not.
Revenues shall not .Include any taxes on through. apph~n of such City ord,"~nce or
services furnished by Grantee imposed by reg':l!atlon of Rlght~~of-Way, be Subject to
any municipality, state, or other governmental a~dltlQnal burdens ,With respect to usage of
unit and collectea by Grantee for such ~Ig.hts-of-Way w~lch exceed burdE1ns on
governmental unit. Similarly situated Rlghts-of-~ay use~s.
n. "Installatioo" means the connection of d. In the event any City ordinance or
the System from feeder cable to the point of r~gulatlon whIch address~~' usage of the
connection, with the Subscriber Converter or Rlghts-~-Wa~ adds to, modifIes, amepds, or
other terminal equipment. otherWise. dlffer!"ntly addresse~ Issues
o. "Institutional Networ~" or "~" addr?SSed In ~~on 3 and/or Sectlon8.5~C)
means the discrete' communications network of thiS Fr~nChlse, Grantee s~all comply WIth
and services related to such network provided suc~ or~IRance or regulatl~n of g.eneral
by Grantee to identified' institutions as apPh~billty, regardless of wh}ch requIrement
required by this Franchise. was fIrst adopted ex.~ep~ that Grantee s~a"
p. "L.ockout Devic~" means an optional no~, . throug~ app~l~atlon. of such City
mechanical or electrical aCcessory to a, ,prdlna,Qce.pr r!"gulatlon of RI9h!s-Of-Way; be
Subscriber's terminal which inhibits the subject to.8d?itlonal b4/rdenswi!h respect to
viewing of a certain program. certain channel, usage of Rlg~ts-o~-Way wh!Ch exceed
or certain channels provided by way of the burdens on similarly 1IItuatedRlghts-of-Way
Cable Communication System. . users. ,
q. "Memorandum of Understandill9" or ~,.In theeventG~antee ~annot
"Mm!" means that certain agreemerlt dated determ,"~ how to co'!lply WIth any Rlght-of-
Way reqUIrement of City, Whether pursuant to
, 10. SubSCriber fIIetwoi'k Droes to Desidn~
Building$. Grantee shall provide, free of
charge, Installation of one (1) subscriber
network Drop, one (1) cable outlet, one (1)
Converter, if necessary, and monthly Basic
Cable Service without charge to the institutions
identified on Exhibit B attached hereto and
made a part hereof, and such other public or
educational institutions subsequently
designated by City which is located five
hundred (500) feet or les'sfrom the existing
Subscriber network. Any such institution
located more than five hundred (500) teet shall
be connected if such institution agrees to
reimburse Grantee for Grantee's actual costs
in excess of the five hundred (500) foot
installation actual costs;
Additional subscriber network Drops
and/or outlets in any of the locations identified
on Exhibit B will be installed by Grantee at the
cost of Grantee's time and material.
Altematively, 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 pf 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. The
provision of Institutional Network service is
addreSSed in Section 7 herein.
SECTION 3.
CONSTRUCTION STANDARDS
1. . Beqistration. Permits. and ConstructiOQ
~. ,
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. Reoair of Riahts-of-Wav and ProoerJY.
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, as
determined by City. 'I.f Grantee shall fail to
promptly perform the restoration required
herein, after written request of City and
reasonable oppol1Unity 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 fur such disturbance or
damage, Grantee shall be obligated to fully
reimburse City.for such restoration.
3. . Conditions on Ri9ht-of-Y\'av Use.
a. Nothing in this Franchise shall be
construed to prevent City from constructing,
maintaining, repairing or relocating sewers;
grading, paving, 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 ob$truct or interfere With
the use of Rignts-of-Way except for normal and
reascnable obstruction and intert9rence, which
might occur dllring constrUCtion' and to cause
minimum interferElnce with the 'rights of
property owners whO abut any of said Rights-,
of-Way and not to interfere witt! existing public
. utility installations. , . ~
. e. If at any time during the period of this
Franchise City shall elect to alter or change the
grade or location 01 any Right-Of-W~y, the
Grantee shall, atits own expense, upon
reasonable notice by Clty, remove and relocate
its poles, wires, cables, conduits, manholeS.
and other fixtures of the System, anllln each
haadend equipment with state-Of<.the"art" -
standard frequency heEldend equipment.
c. Grantee shall d,evelop, construct and
- operate a System capable of providing non.
video services sllch as high-speed data
transmission,lnternet access, and other
competitive services Which shall be activated
as Marketplace Need dictates. Grantee may
use 200 MHz of the tOUlI 750 MHz System
capacity for the provision of such services.
d. 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 fO,. non-video
services. Grantee shall report the results of Its
investigation into business demand for non-
video Services to the City or its deSignee no
later than one (1) year from 'the
commencement date of the Franchise. ,
e. 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, and further subject to Grantee's
signal carriage obligations hereunder and
pursuant to 47 U~S.C. 5 531-536, and further
subject to City's right PUrsuant to 47 U.S.C. f
545. Location and relocation of the PEG
Channels shall' be governed by Section 6,
.1.(c).
2. Construclitm n~ble
a. Grantee shall complete all construction
related to the System upgrade required by'
Section 4 herein on or befure November 30,
2000, in accordance with the specific timeline
identified in Exhibit C attached. Failllre.to
timely complete such construction sh8JI be a
violation of this Franchise.
b. The System, once upgraded, shall
continue to offer Service to all dwefl/ng 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 lor 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.
3.. InterruDtion of ServicQ. The Grantee shall
interrupt service Only fur good cause and fOr
the shortest time possible. Such interruptIOn
shan 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 thi'o/ (30) day period, Subscribers shan be
credited pro rata. for such interruption.'
4. Technical Standarqs. The technical
standards used in the operation. of the system
shan comply, at minimum, with the technical
standards promulgated by 'the FCC relating to
Cable. Systems pursuant to Title 47, SectiOn
76.601 to .78.617, as may be amended or
modified from time to time, which regulations
are expressly incorporated herein by reference.
. 5. Soecial Testing. .
a. . The City shall have the right to inspect
all. construction or installation work performed
pursuant to provisions of the Franchise. In
~, 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
Public notices . . . .
Continued on Pa~~ 12
-
\ -.
~1
,tDbiic notices...
\0;. Continued from Page 12
~ii~'!JJlay be in. conflict with the terms of '!iis
. Franchise, then as soon as possible follOWing
k!Ul~e<Jge thereof, either party shall notify tt,le
Q\QllI'Qf the point in conflict believed to eXist
~n such law or regulation(Grantee 8nd
<eiJlt ~.lJall conform to stateJawsand rules
r~ardingcabJe communications not later than
~iy~r after they become effective, 'unless
qtbel:Wise stated, and to conform .to federal
I~WSand regulations regarding cable as they
Qm;Qml'J effective. '
alp-b,. If any term, condition or provision of
this Franchise or the application thereof to any
!;>'r&onor circumstances shall, to any extent,
I),$'held to I)e invalid or unenforceable, the
~ail'lder hereof and the applleation of such
~m,conditionor prOViSion to Persons or
~(pumstances other than those as to whom it
~a11 be held invalid or unenforlie'ableshall not
~ affected thereby, and this Franchise and all
~ terms, provisions and conditions hereof
$./jail, in all other respects, continue to be
aft~~ve and complied with provided the loss of
~ jrwalid or un.enforceable clause does not
I!W>stantially aller the agreement between the
~i:tjes. In the event such law, rule or regulation
~.s.vbsequently repealed, rescinded, ame~~ed
8rOlherwise changed so that the provIsion
~ich had been held invalid or modified is no
l'ongerin conflict with the ,law, ~ules and
~U1ation. s then in effect, s. aid pro. Vis..ion. shall
>>?ereupon return to full force and effect and
~ba.llth.ereafter be binding on Gram.ee and City.
"11. Nonenforcement by CilY.. Grantee shall
1I9t t)8 relieVed of its obligations to comply With
any,"af the prOViSions of this Franchise by
~son of any failure or delay of City to enforce
1?,'P,mPt compliance. City may only waive its
rights hereunder by expresSly so stating,in
~~ting. Any such written waiver by City of a
,.~ach orviOla.tion of any provision of this
, ,~chise f\halJ not operate as or be construed
Wi bea \yaiver of any SubSequent breach or
jl(t~lation. : ,
~i Rights Cumulativ~. All rights and
rNrredies given to City by this Franchi~' or
~~ajQed by City h~rein shall be in additi?n to
ltustcumulative With any and all other nghts
and remedies, existing or implied, now or
hereafter available to CJty, at law or in equity,
and ,such rights and remedies shall not be
Ej3Cplusive, but each and every right and remedy
sJ!llciftcally given by this Franchise or otherwise
i'~sting.or given may be. exercised from time to
me and'aS often.and in such order as may I)e '
\*lmed e,XPedient by Cily and the exercise of
,?[1eor more rights or remedies shall not be
QIWmed a waiver of the right to exercise at the
. ~?;Hmetime or thereafter any other right or
g;lr;nedy.
1: Grantee Acknowledgment of Validity of
Franchis~. Grantee acknOwledges that it has
IJSid an Opportunity to review the terms and
C:obdilions of this Franchise and that under
~uireill law Grantee believes that said terms
a:i,id conditions ,are not unreasonable or'
~r1?itrary, and that Grantee believes City has
the power to make the terms and cond/tlons
c:prtained in this Franchise.
;, . 'SECTION 14.
':.' PUBLICATION EFFECTIVE DATE;
~~J' . ACCEPTANCE AND EXHIBITS
f'ublicatiorl: Effective Dam. This Franchise
shall be publiShed in acc:ordance with
applicable local andM;nnesota law. The
Effective Date of this Franchise shall be the
date ofacceplance by Grantee in accordance
w.ih the provisions of Section 14.2. . .
2. AcceDlan~.
a. Grantee sharr accept this Franchise
within sixty (60) of its enactment by the City
CounCil, unless the time for acceptance ;s
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 are complied
With and all applicable timeljnes 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 Frarychise,
Grantee and City shall be bound by alf the
terms and COnditions contained herein.
c. Grantee shall accept this Franchise in
the follOWing manner:
i. This Franchise will be properly
executed and acknOwledged by Grantee and
delivered to City.
ii. Wi.th its acceptance, Grantee shalf
also deliver any grant payments, performance
bond and insurance certificates required herein
that have not previously been delivered,
PaSSed and adopted this 21 day of~, 1998
CITY OF MOUNDS VIEW
By: Isf Duane McCarty
Mayor, City of Mounds View
ArreST:
By: Is! ChUCk Whitlns '
, City Clerk'~dmlnlstrator
(Bulletin:Aug.5,1998)