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HomeMy WebLinkAbout1988 Fully Executed Franchise Agreement 00or\ FRANCHISE AGREEMENT THIS AGREEMENT is made and entered into as of this day of , 1988, by and between the City of Ithaca, New York, a municipal corporation, hereinafter referred to as "City, " and American Community Cablevision, a division of American Television and Communications Corporation (hereinafter referred to as "ACC" ) with its principal place of business at 519 West State Street, Ithaca, New York 14850 . WHEREAS, the City is authorized to grant one or more nonexclusive, revocable, franchises to operate and maintain a Cable Communications System with the City; WHEREAS, the City received an application from ACC for renewal of its existing franchise; and WHEREAS, the City, after due evaluation, has determined that it is in the best interest of the City and its residents to renew the Franchise of ACC for a term as herein provided, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties do mutually agree as follows: I DEFINITIONS For the purpose of this Franchise the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number . The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 1.1 ACCESS CHANNELS means channels ( 6MHz each) set aside for public use, educational use or governmental uses with no charge for usage by ACC. Access channels designed for public use shall be available on a nondiscriminatory basis. 1. 2 AFFILIATE means each person who falls into one or more of the following categories: (a) each person having, directly or indirectly, control or a controlling interest in ACC; (b) each person in which ACC has, directly or indirectly, control or a controlling interest; (c) each officer, director, general partner , joint venturer or joint venturee partner, of ACC; and (d) each person, directly or indirectly, controlling, controlled by, or otherwise related to ACC by common ownership, common management, or common control; provided AFFILIATE shall in no event mean: A. The City; B. Any duly authorized PEG Access Organization; C. Any educational institution acting on its capacity as such, for public, educational, or charitable purposes; or D. Any creditor of ACC solely by virtue of its status as a creditor and which is not otherwise an Affiliated person by reason of owning controlling interest in, being owned by, or being under common control with, ACC. E. Time Inc. or any subsidiary of Time Inc. other than American Television and Communications Corporation. 1. 3 BASIC RATE means the rate charged for the lowest priced tier of service which at a minimum shall offer twelve channels including the delivery of broadcast channels, one access channel and FM service. 1. 4 CABLE COMMUNICATIONS SYSTEM, also referred to as "system, " means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and other services which may include two-way services on the subscriber network and which is provided to multiple subscribers within a community, but such term does not include (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public-rights-of-way; (c) a facility of a common carrier which is subject, in whole or in part, to the provision of Title II of the Cable Act , except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or (d) any facilities of any electric utility used solely for operating its electric utility systems. Cable Communications System also includes any institutional network. 1 . 5 CITY means the City of Ithaca, New York . 1 .6 CHANNEL means a six Megahertz (MHz) frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other nonvideo signals or some combination of such signals. -2- � - w 1.7 COMMON COUNCIL means the mayor and aldermen of the City of Ithaca. 1. 8 COMMUNICATIONS POLICY ACT or CABLE ACT means the Cable Communications Policy Act of 1984 as it may be amended or succeeded. 1. 9 COMPLAINT means that a subscriber or user informs ACC or the City, that a problem has been brought to the attention of ACC, but is unresolved to the satisfaction of the subscriber . 1.10 CONVERTER means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber , and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set or by remote control . 1 .11 DROP shall mean a connection from feeder cable to the subscriber/user television set, radio or other terminal . 1.12 EDUCATIONAL ACCESS CHANNEL means any channel where educational programs are the only designated use. The educational access channel( s) shall only be used for non- commercial purposes. 1.13 FAIR MARKET VALUE means the price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing .in the industry at the time. 1.14 FCC means the Federal Communications Commission and any legally appointed or elected successor . 1. 15 FRANCHISE means this Franchise contract and any mutually agreed to additions or deletions therefrom. 1.16 FRANCHISE AREA means the entire City. 1 .17 FRANCHISE FEE means the percentage, as specified in this Franchise agreement, of ACC' s gross annual revenues earned from all sources within the City payable in exchange for the rights granted pursuant to the Franchise. 1.18 GROSS CITY REVENUES means all revenue derived directly or indirectly by the Grantee and by Grantee ' s affiliates from services provided within the City via the Cable Communications System. 1.19 INSTALLATION shall mean the connection of the system from feeder cable to subscribers ' terminals. -3- 1.20 INSTITUTIONAL NETWORK means a separate cable within the cable communications system which can be used to transmit video, audio and data signals in two directions. 1 . 21 INSTITUTIONAL SERVICE means such video, audio, data and other services provided to institutional users. These may include, but are not limited to, one-way video, two-way video, audio or digital signals. 1. 22 LOCAL ORIGINATION means programming produced or purchased by ACC (e.g. , advertisements, news, programming with advertising) which is under the control of ACC. Local origination is specifically not to be construed as public, governmental or educational access. 1. 23 LOCAL ORIGINATION CHANNEL means any channel designated for local origination. This channel may be used for commercial purposes. 1. 24 MONITORING means observing a communications signal, or the absence of a signal, where the observer is not a party to the communication, whether the signal is observed by visual or electronic means, for any purpose whatsoever . 1.25 PERSON means an individual, partnership, association, organization, corporation or any lawful successor Transferee of said individual, partnership, association or corporation. 1. 26 STREETS AND PUBLIC GROUNDS means the surface, the air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, utility easements or other public rights-of-way or hereafter held by the City which shall entitle the City and ACC to the use thereof for the purpose of installing and maintaining the Cable Communications System. No reference herein, or in any Franchise, to the "Streets and Public Grounds" shall be deemed to be a representation or guarantee by the City that its title to any property is sufficient to permit its use for such purpose, and ACC shall, by its use of such terms, be deemed to gain only such rights to use property in the City as the City may have the undisputed right and power to give. 1.27 REASONABLE NOTICE shall be written notice addressed by either party at its principal office within the City or such other office as ACC has designated to the City as the address to which notice shall be transmitted to it , which notice shall be certified and postmarked not less than ten ( 10 ) business days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. -4- 1. 28 RESIDENT means any person residing in the City as otherwise defined by applicable law. 1 . 29 RESIDENTIAL SUBSCRIBER means a subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession. 1.30 SALE shall include any sale, exchange or barter . 1. 31 SCHOOL means any public or nonprofit educational institution including primary and secondary schools, colleges and universities, both public and private. 1. 32 SERVICE AREA means the entire geographic area within the Franchise Area. 1 . 33 SERVICE REQUEST means a request from the subscriber for a technical service, such as installation, adjustment for poor picture quality and converter repair . 1. 34 STATE means the state of New York . 1. 35 SUBSCRIBER means any person, firm, corporation or other entity who or which elects to subscribe to, for any purpose, a service provided by ACC by means of or in connection with a Cable Communications System. 1.36 TRANSFER means the disposal by ACC, directly or indirectly, by gift, assignment , voluntary sale, merger, consolidation or otherwise, of five percent ( 5% ) or more at one time of the ownership or controlling interest in the Cable Communications System, or twenty percent ( 20% ) cumulatively over the term of the Franchise of such interests to a corporation, partnership, limited partnership, trust or association or person or groups of persons acting in concert. 1. 37 USER means a person or organization utilizing channel or equipment and facilities for purpose of producing and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity. II GRANT OF FRANCHISE 2. 1 ACC is hereby granted for itself and its successors and assignees, subject to the terms and conditions of this Franchise, the right, privilege, and authority to operate and maintain a Cable Communications System within the streets, alleys, and public ways of the City. ACC shall provide a modern, state-of- the-art Cable Communications System to the residents and institutions of the City in accordance with this Franchise. -5- r 2. 2 For the purpose of operating and maintaining a Cable Communications System in the City, ACC may erect , install , extend, repair, replace, and retain in, on, over , under ; or upon, across and along the public streets, alleys, and ways within the City such wires, cables, conductors, ducts, conduits,, vaults, manholes, amplifiers, appliances, pedestals, attachmOnts, and other property and equipment as are necessary and appurtenant to the operation of the Cable Communications System in conformance with the City' s specifications. Prior to any extension, relocation, or alteration, however , ACC shall file plan$ with the appropriate City agencies and utility companies and receive written approval before proceeding. 2. 3 Nothing in this Franchise shall be deemed to ' waive the requirements of the various codes and Ordinances of the City regarding permits, fees to be paid, or manner of construction. III RIGHT OF CITY TO ISSUE FRANCHISE 3 . 1 ACC acknowledges and accepts the legal right of the City to issue and maintain a Franchise. 3 . 2 No Cable Communications System shall be allowed to occupy or use the streets of the City or be allowed to operate without a Franchise. IV FRANCHISE NONEXCLUSIVE 4.1 This Franchise shall not be construed as any limitation upon the right of the City to grant to other persons rights, privileges, or authorities similar to the rights, privileges, and authorities herein set forth, in the same or other' streets, alleys, or other public ways or public places. The City specifically reserves the right to grant at any time during the term of this agreement or renewal thereof, if any, such additional franchises for a Cable Communications System as it deems appropriate. If any franchise is granted on terms more favorable to grantee thereof than those contained herein then ACC shall have the right to comply with all the terms of such other franchise, to the extent applicable, in lieu of compliance herewith. -6- V EFFECTIVE DATE OF FRANCHISE; EFFECT UPON EXISTING FRANCHISE 5 . 1 The effective date of the Franchise shall be January 20, 1988, and, immediately upon the taking effect of this Franchise, the prior Franchise granted to ACC, on , by the passage of Ordinance No. shall be superseded and of no further force and effect; provided, however , that vested rights relating to billings and the City' s rights to accrued Franchise fees shall not be affected thereby; and provided, further, that any criminal proceedings, commenced under or pursuant to said Franchise shall in no manner be affected. VI TERM 6 .1 The City will request, along with ACC, that the New York State Commission on Cable Television waive its rules and permit the City to grant ACC a franchise for 15 years. If such request is not granted, the term will be ten years and the other terms of this Franchise will not be affected. Such term shall be subject to sooner termination as provided in this Franchise at which time this Franchise shall expire and be of no further force and effect. The term of the Franchise shall be for a period of 15 years, or such shorter term as approved by the State Commission on Cable Television, from the date of issuance of a Certificate of Confirmation of this Franchise by the New York State Commission on Cable Television, unless sooner terminated as provided herein at which time it shall expire and be of no further force and effect. VII FRANCHISE RENEWAL 7 .1 Upon completion of the term of this Franchise the City may grant or deny renewal of this Franchise of ACC in accordance with the provisions of the Cable Act and any other applicable federal, state and local laws. VIII SERVICE AREA 8.1 ACC shall offer full cable communications service to all residents in the Franchise Area, which shall be the corporate limits of the City of Ithaca, including all territory thereafter annexed to the City. -7- 8. 2 ACC shall make cable service available to all dwelling units and commercial establishments within thirty ( 30) days of a request for such service and the receipt of any applicable City, state, federal and utility company permits and of permission from any landlord or other person controlling access to such premises . IX USE OF STREETS AND PUBLIC GROUNDS 9 . 1 In exercising rights pursuant hereto, ACC shall not endanger or interfere with the lives of persons, interfere with any installations of the City, any public utility serving the City or any other person permitted to use the Streets and Public Grounds nor unnecessarily hinder or obstruct the free use of the Streets and Public Grounds. The grant of this Franchise does not establish priority for use over the other present or future permit or Franchise holders or the City ' s own use of the Streets and Public Grounds. The Common Council of the City shall at all times control the distribution of space in, over, under or across all Streets or Public Grounds and occupied by the Cable Communications System. All rights granted for the construction and operation of the Cable Communications System shall be subject to the continuing right of the Common Council to require such reconstruction, relocation, change of discontinuance of the appliances used by the Cable Communications System in the streets, alleys, avenue, and highways of the City, as shall in the opinion of the Common Council be necessary in the public interest. 9 . 2 Nothing in the Franchise shall be in hindrance to the right of the City or any governmental authority to perform or carry on, directly. or indirectly, any public works or public improvements of any description. Should the Cable Communications System in any way interfere with the construction, maintenance or repair of such public works or public improvements, ACC shall, at its own cost and expense, protect or relocate its Cable Communications System, or part thereof, as reasonably directed by the City officials or any governmental authority. 9 . 3 If at any time, in case of fire or disaster in the City, it shall become necessary in the reasonable judgment of the City to cut or move any of the wires, cables, amplifiers, appliances or appurtenances of the Cable Communications System, the City shall have the right to do so at the sole cost and expense of ACC. 9. 4 The City shall have the power at any time to order and require ACC to remove or relocate any pole, wire, cable, or other structure that is unnecessarily dangerous to life or property. Restoration shall be made in as good a condition or better . In the event that ACC, after notice, fails or refuses to act within -8- a reasonable time, the City shall have power to remove or relocate the same at the sole cost and expense of ACC. 9 . 5 Upon termination of the Franchise by passage of time or otherwise, and unless ACC transfers the Cable Communications System to a subsequent franchise approved by the Common Council, ACC shall remove its supporting structures, poles, transmission and distribution systems, and all other appurtenances from the Streets and Public Grounds and shall restore those areas to as good a condition or better . Such removal shall be made so as not to conflict with public health, safety or convenience. Removal shall be completed within twelve ( 12) months after such termination. At that time the City may deem any property not removed as having been abandoned. Such property may then by removed at the option of the City at ACC' s expense less any recoverable salvage value. X DESIGN AND CONSTRUCTION PROVISIONS 10 . 1 ACC shall construct , install, operate and maintain all elements of the Cable Communications System within the City in accordance with the maps and other documents submitted in connection with this Franchise. Poles, towers and other obstructions shall be erected so as not to interfere with vehicular or pedestrian traffic over public ways and- places. The erection and location of all poles, towers and other obstructions shall be fixed with the prior written approval and under the supervision of the City pursuant to local regulation, provided, however, ACC shall not have a vested interest in such location; and such construction shall be removed by ACC at its sole cost and expense whenever , in the judgment of the City, the same restricts or obstructs the operation or location or any future operation or location of public ways and places, or whenever the City closes or abandons any public way or place. 10. 2 ACC shall, at its sole cost and expense, protect, support, temporarily disconnect, relocate in the same street or other streets and public grounds, or remove from any street or any other public ways and places and of its property as requested for reason of traffic conditions, public safety, street construction, change or establishment of street grade, or the construction of any public improvement or structure by any City Department. 10. 3 ACC shall be subject to all laws, ordinances or regulations regarding private property in the course of constructing, installing, operating or maintaining the Cable Communications System in the City of Ithaca. ACC shall promptly repair or replace all private property, both real and personal, damaged or destroyed as a result of the construction, -9- installation, operation or maintenance of the Cable Communications Systems at is sole cost and expense. 10 . 4 ACC shall restore any street it has disturbed and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury. Restoration must be in accordance with the rules and regulations established by the City. 10 . 5 ACC may trim trees or other vegetation owned by the City to prevent branches, leaves or roots from touching or otherwise interfering with its wires, cables or other structures as approved by the City. 10 . 6 In all areas of the City where cables, wires and other like facilities of the telephone and electric utilities are already underground, ACC must also place its facilities underground to the extent practicable. At such time as these facilities are placed underground by the telephone and electric utility companies or are required as are telephone and/or electric to be placed underground by the City, ACC shall likewise place its facilities underground at its sole cost and expense. Underground cable lines shall be placed beneath the pavement subgrade (minimum 22 inches to top of cable) . 10.7 Where any damages or alterations occur to the City' s water, sewage or drainage lines or to any other municipal structures in the streets during the construction due to the presence, negligence, operation or maintenance of the Cable Communications System, the sole cost of such repairs including all services and materials will be billed to ACC and these charges shall be paid within sixty ( 60) days of receipt of notice, or the City may foreclose on performance bonds or invoke other appropriate sanctions provided for in this Franchise. 10 .8 ACC shall temporarily raise or lower its wires or other equipment upon the reasonable request of any person, including without limitation a person holding a building moving permit issued by the City. The expense of such raising or lowering shall be paid by the person requesting the same and ACC shall have the authority to require such payment in advance. ACC shall be given reasonable notice necessary to maintain continuity of service. This provision shall not apply to requests by the City for City purposes for which movement there shall not be a charge by ACC. 10.9 The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing structures. In public-rights-of-ways, where necessary, the location shall be verified by excavation. -10- 10 . 10 ACC shall give appropriate notice to the City and residents within a reasonable period of time of proposed construction, excavation, laying or stringing of cable under streets or on poles, but in no event shall such notice be given less than seven (7) days before such commencement. 10.11 The construction, installation, operation, maintenance and/or removal of the Cable Communication System shall meet all of the following safety, construction and technical specifications and codes and standards: Occupational Safety and Health Administration Regulations (OSHA) National Electrical Code National Electrical Safety Code (NESC) National Cable Television Standard Code AT&T Manual of Construction Procedures (Blue Book ) Bell Telephone- Systems Code of Pole Line Construction All Federal, State and Municipal Construction Requirements, including FCC Rules and Regulations Utility Construction Requirements All Building and Zoning Codes, and all Land Use Restrictions as the Same Exist or may be Amended Hereafter . 10 . 12 All contractors or subcontractors of ACC must be properly licensed under all applicable federal, state and local laws and regulation. ACC shall be responsible for all acts or omissions of any such contractor or subcontractor in the construction, installation, maintenance or operation of ACC' s Cable Communications System. 10 .13 CONSTRUCTION PLAN APPROVAL. A. Prior to the erection or installation by ACC of any towers, poles, underground conduits or fixtures for use in connection with initial construction, rebuild, upgrade or line extension of the Cable Communications System under this Franchise, ACC shall make available for City approval a concise description of the facilities proposed to be erected or installed, including strand maps, if required, together with a map and plans indicating the proposed location of all such facilities. Approval by the City shall not be unreasonably withheld and shall be completed in a timely manner . B. For the rebuild ACC shall allow a City selected engineer to inspect such information, maps and plans for five business days in ACC' s office. Prior to the five days, ACC shall give the City thirty ( 30) days prior notice that such information will be available. ACC shall accommodate reasonable scheduling modifications. If ACC makes a material -11- change in any part of the system design, the City shall be notified prior to construction and shall have a reasonable period of time to have an engineer review the changes in ACC' s office. C. No erection or installation of any tower , pole, underground conduit or fixture for use in the Cable Communications System shall be commenced by any person until approval therefor has been received from the City pursuant to local regulation provided that such approval shall not be unreasonably withheld. D. ACC will develop a plan for cutover of the rebuild system which will include the activation of the new system prior to cutover and a minimal disruption to customer service. 10 . 14 ERECTION, REMOVAL AND COMMON USE OF POLES. A. No poles shall be erected by ACC without prior approval of the City with regard to location, height, types and any other pertinent aspect . However , no location of any pole or wire-holding structure of ACC shall give rise to a vested interest and such poles or structures shall be removed or modified by ACC at its own expense whenever the City determines that the public convenience would be enhanced thereby. ACC shall utilize existing poles and conduits where possible. B. Where poles already exist for use in serving the City and are available for use by ACC, but it does not make arrangement for such use, the City may require ACC to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to ACC are just and reasonable. C. Where a public utility serving the City desires to make use of the poles or other wire-holding structures of ACC, but agreement thereof with ACC cannot be reached, the City may require ACC to permit such use for such consideration and upon payment of the prevailing public utility rates for make ready and pole attachment rental, if the City determines that the use would enhance the public convenience and would not unduly interfere with ACC' s operation. 10 . 15 The City or its designee shall have the right to inspect at any time all construction or installation work performed subject to the provisions of this Franchise and to make such tests as it shall deem necessary to ensure compliance with the terms of this Franchise and all other applicable law. ACC shall cooperate fully with the City during all inspections and -12- tests and shall provide access to all equipment records, and other materials and information necessary for such inspections and tests . 10 . 16 CONSTRUCTION REPORTING REQUIREMENTS. A. Within thirty ( 30) days of the granting of this Franchise, ACC shall have applied for any necessary agreements, licenses or certifications and shall provide the City with a written progress report . B. Written progress reports shall be submitted to the City on a monthly basis throughout the entire construction process. 10.17 All work involved in construction, installation, maintenance, and repair of the Cable Communications System shall be performed in a safe and reliable manner . Any construction, extension or installation performed pursuant to this Franchise shall be in conformance with all applicable federal , state and local laws, codes and regulations. ACC shall at all times comply with the standards set forth in the "American Television and Communications Corporation Construction Specifications and Practices" (attached hereto as Appendix [A] and incorporated by reference) , in addition to the National Electrical Safety Code, the National Electrical Code, the Bell System Code of Pole Line Construction, and the National Cable Television Association Code of Construction Practice. ACC shall file requests for all necessary operating authorizations and permits with the New York Commission on Cable Television, utilities, and the Federal Communications Commission no later than sixty ( 60) days from the date the franchise is awarded. The Cable Communications System shall be completed by March 1, 1989 . 10 . 18 Initial proof of performance testing shall occur within sixty ( 60) days prior to the commencement of the Cable Communications System service to each section of the City as set forth in this Franchise. Should performance prove defective, the defect shall be appropriately remedied. The costs of such test shall be borne solely by ACC. XI MAINTENANCE AND INSPECTION 11 . 1 ACC shall maintain wires, cables and all other real and personal property and facilities constituting the Cable Communications System in good condition, order and repair at all times during the term of this Franchise. 11. 2 Except where there exists an emergency situation necessitating a more expeditious procedure, ACC may interrupt -13- service for the purpose of repairing the Cable Communications System only during periods of minimum use. 11 . 3 Radiation monitoring shall be conducted on an ongoing basis. The results of said monitoring shall be made available to the City upon request. 11. 4 ACC shall perform all system tests and maintenance procedures as required by the Cable Ordinance and in accordance with tests and procedures as specified by the FCC, New York State Commission on Cable Television, and the National Cable Television Association' s (NCTA) testing procedures. The NCTA testing manual is attached hereto as Appendix [B] and incorporated by reference. XII SYSTEM DESIGN AND CAPACITY 12.1 ACC shall operate and maintain in the City of Ithaca a Cable Communications System spaced to permit a minimum of 450 MHz operation, capable of using state-of-the-art converters . In constructing, operating and maintaining the system, ACC shall at all times comply with applicable laws, construction standards, safety codes, government requirements and FCC technical standards. 12. 2 Equipment used for the distribution system, headend and reception facilities shall be of good and durable quality and be serviced and repaired on a regular basis. Any substitution or changes in hardware components must be of good and durable quality (e.g. , amplifiers, cable, antennas) . XIII SYSTEM SERVICES 13.1 The basic cable service shall have a minimum of 12 ( 6Mhz) channels. If the Basic has only 12 channels, one channel shall be designated for public access. If the basic service has more than 12 channels, all access channels will be provided on basic. 13. 2 ACC shall maintain, at a minimum, the mix, quality, and level of programming set forth in Appendix [C] , attached hereto and incorporated by reference. 13 .3 ACC will provide the stereo signal for the premium service channels and broadcast stations which broadcast in stereo. Additionally, a customer may elect to receive premium and other selected channels via FM stereo service. -14- 13 . 4 ACC shall provide free cable drops to locations already provided with free drops, and at any City designated locations in any new or renovated public, educational or public service offices or buildings designated by the City at the time of the rebuild up to a maximum of 50. After the rebuild, ACC shall provide additional drops as specified by the City at the time of building construction or renovation of existing or new public, educational or public service offices or buildings designated by the City. The City shall provide ACC with reasonable notice of such construction and renovation. The first tier of service, closed circuit channels, institutional, and applicable two-way channels shall be provided free of charge to all of these locations. 13. 5 All closed-captioned programming retransmitted by the system shall include the closed-caption signal. 13. 6 ACC will make VCR connections available to customers and will provide training in the proper use of VCRs in connection with the cable system and equipment . XIV ACCESS CHANNELS AND SERVICES 14 . 1 In order to develop and promote public, educational and governmental access programming for the system' s access channels and institutional services, ACC hereby agrees to provide the following: A. (1) Nine downstream channels shall be designated for public, governmental , and educational access. The access channels shall be available for use by New York State, local governments, educational institutions, or members of the general public for education and public service programming, municipal services and local expression. ( 2) The public, governmental, and educational access channels shall be available on a first-come, first- served basis at no charge to any individual, association, or organization desiring to utilize them. ( 3) Any PEG access channels unused by the City three years after the rebuild is complete shall revert to ACC, provided that if community needs subsequently require the use of any such channel, ACC will return said channel to the City six (6) months after receiving written notice if ACC has a use for the channel and immediately if there is no use for the channel. B. Upon the request of the City, ACC shall interconnect the access channels of the Cable Communications System with neighboring cable systems in Tompkins County. -15- C. EQUIPMENT ( 1) Local Programming Equipment. In instances, as set forth in Appendix [D] , where the use of local origination equipment is shared with access, this equipment shall be made available to access users free of charge at such times as the facilities are open and where the equipment is not being utilized for local origination productions. All local programming equipment shall remain the property of ACC but shall be made available for access use by the City of Ithaca, local institutions and residents and surrounding ACC System residents. ( 2 ) Public, Governmental and Educational Access Equipment. New public, governmental and educational access equipment ( PEG) with a purchase value of $165, 000 shall be purchased by ACC for additions to existing access equipment inventory listed in Appendix [E] . ACC shall prepare an equipment purchase list for City approval within sixty ( 60) days of the receipt of the Franchise. All equipment purchased shall be new and shall be purchased and installed by March 1, 1989. ( 3 ) Access Equipment Ownership and Availability. All access equipment shall remain the property of ACC but shall be made available for access use by the City of Ithaca, local institutions and residents and surrounding ACC system residents. On an average annual basis ACC has agreed to provide 2% of Gross City Revenues for capital PEG access equipment replacement and expansion. Any future access equipment replacement and expansion commitments that are made by ACC to municipalities served by the same headend as the City of Ithaca, will be deducted to a floor of one percent of gross City revenues . All access equipment shall be available to access users on a first priority basis before local origination users. ( 4) Equipment Maintenance. PEG, municipal access and local origination equipment will be maintained and/or replaced by ACC in a manner consistent with good operating practice. Maintenance of that equipment will be done on site, or at any ACC facility, or at a manufacturer ' s repair facility in a reasonable timely manner . D. ACC shall maintain in its local programming studios in the City of Ithaca the equipment specified in (B) above. -16- ACC shall adopt business hours which shall provide for the use of the studio at a minimum of sixty ( 60) hours a week between the hours of 9 a.m. and 11 p.m. , including some evening hours and some hours on Saturdays. ACC shall offer additional weekday or weekend hours as community needs dictate. 14. 2 ACC shall establish rules to insure that the studio( s ) and portable equipment are available equitably to the governmental, educational and public sectors. Rules for public access should assure the availability of the studio( s) and portable equipment on a first-come, first-served basis. Any changes to current access rules shall be established by ACC within three months of the Franchise award, and ACC shall file those rules with the New York State Commission on Cable Television. Any further changes thereafter shall also be filed with the New York State Commission on Cable Television. Such rules shall at all times include the following provisions. A. Procedures for scheduling the use of television production equipment and for scheduling the cablecasting of programming on the channel (s) designated for the purposes enumerated in paragraph A above; B. Procedures for registering and resolving complaints regarding channel availability, priorities and usage. 14. 3 ADDITIONAL ACCESS REQUIREMENTS. The following requirements shall also apply to access use: A. Channel time shall be available on a first come, first serve nondiscriminatory basis, except as provided in the rules of the New York State Commission on Cable Television; B. No charges shall be paid for the use of production equipment facilities and personnel; C. Records shall be maintained of the use of the designated television channels, including the names and addresses of persons and organizations providing programming for such channels; such record shall be available locally for public inspection and retained for a minimum of two years; D. Designated channels shall not be used for the promotion or sale of commercial products or services, including advertising by or on behalf of candidates for public office. 14. 4 ACC shall provide adequate programming and technical staffing for the maintenance and operation of the access channels, facilities, studio and equipment, and the provision of -17- access services as required in the franchise and as contained in the franchise proposal. ACC shall provide, at a minimum, two full-time access staff people at the time of the Franchise award, and an additional full-time access staff person at the completion of the rebuild (no later than March 1, 1989 ) , and a fourth full- time access staff person at the beginning of year five of the Franchise, and a fifth full-time staff person at the beginning of year ten of the Franchise. ACC shall have the right to petition the Cable Commission in 1991 and 1996 to have the requirement to employ the fourth and/or fifth access staff person waived, which waiver shall not be granted in any event if community needs support the position. 14 . 5 ACC shall provide adequate training for access users free of charge. At a minimum, ACC shall provide monthly access production and editing training classes, provided that community interest of five or more residents in any given month exists. At no time will a resident be requested to wait over two months for training. The two training classes will each be approximately nine hours in duration. 14. 6 ACC, at a minimum, shall provide each sub,;criber information on the ' availability of the access channels, production equipment, training and ACC' s address and telephone number on a regular basis. Access programs shall be announced in the cable guide based on reasonable rules for timely submissions. ACC will also advertise programs and access services in newspapers of local circulation. ACC shall conduct facility tours and maintain a speaker ' s bureau to provide informational presentations to local organizations and institutions. Additional outreach activities will be conducted as described in ACC' s proposal . ACC shall ensure the development and propagation of public, governmental and educational access as a vital community resource. 14.7 ACC will cablecast the monthly Common Council meetings and not less than two ( 2) of the five ( 5) Standing Committees of Council meetings on a rotating monthly basis. 14 .8 ACC shall provide access users with the following access damage waiver policy for negligent damage to equipment . Negligent damage shall not include ordinary wear and tear , and mechanical breakdown through causes not the fault of the operator. A. An annual payment of $15 will reduce the volunteer ' s total liability for equipment damage and repair to $250 for each individual use of the equipment . Such annual payment may be increased by ACC consistent with increases in the Consumer Price Index. -18- B. An annual payment of $25 will reduce the volunteer ' s total liability for equipment damage and repair to $125 for each individual use. Such annual payment may be increased by ACC consistent with increases in the Consumer Price Index. C. ACC may require access users who do not elect the damage waiver policy to be fully liable for damage to equipment. 14.9 ACC shall support the creation and maintenance of an Access Advisory Board, to consist of nine ( 9) members: three ( 3) City residents ( two to be appointed by the City, one to be appointed by ACC) , two ( 2) non-City residents (one to be appointed by the City, one to be appointed by ACC) , two ( 2 ) representatives of institutional access users (both to be appointed by the City) , and one (1) ACC representative and one ( 1) City representative. The ACC representative and City representative will be non-voting members. The City Cable Commission shall designate one of the members of the Advisory Board to serve as Chair . The Board shall schedule regular meetings as it deems appropriate. Four ( 4) members shall constitute a quorum. The Advisory Board shall report regularly to the City Cable Commission. If at any time the City Cable Comimission determines that the Advisory Board is no longer effective or necessary, the Cable Commission may dissolve the Board and its duties and responsibilities shall revert to the City Cable Commission. The Adivosry Board shall review and monitor all access policies and procedures but will remain advisory in nature. ACC shall consult with the Advisory Board on the purchase of equipment, the studio hours available for access users, and access rules. ACC shall provide quarterly reports to the Board on the purchase and maintenance of equipment, the schedules of access staff, and the use of studio time. XV INSTITUTIONAL NETWORK 15.1 ACC will construct and maintain a midsplit 300 megahertz institutional network that will connect the following buildings: City Hall , Cornell University, Ithaca College, Tompkins County Library, Ithaca High School, Boynton Junior High School, The Alternative School, Ithaca Youth Bureau, GIAC, Police Headquarters, Central Fire and the Bus Garage. The I-net shall be capable of being interconnected at the headend to the subscriber network. ACC will provide the City with eight upstream and eight downstream channels, free drops and necessary video converters to all aforementioned locations at no charge for the duration of the Franchise. For purposes of this section, an upstream channel shall be a channel which can transmit from institutional and other locations on the I-net to the headend and -19- other points on the I-net. Any channels unused by the City three years after the institutional network is activated will revert to ACC provided that if the City subsequently has a use for any such channel ACC will return said channel(s) to the City six ( 6) months after receiving written notice if ACC has a use for the channel and immediately if there is no use of the channel . ACC will have the same liability for I-net users that the telephone company has for telephone users. ACC will respond to repair calls for the I-net within two ( 2) hours. For requests received during non-business hours the City or other I-net users will pay ACC $40 per hour for such service. Such hourly fee may be raised by ACC annually consistent with increases in the Consumer Price Index. For requests received during business hours there will be no charge. ACC shall provide scrambling services to I-net users as reasonably requested. 15 . 2 ACC shall maintain existing dedicated cables to sites for originating local programming (City Hall, Ithaca College and Tompkins County Library) . During the rebuild, ACC shall install and thereafter maintain dedicated cable or cables to the following additional locations for originating local programming: Ithaca High School, Boynton Junior High School, The Alternative School, Ithaca Youth Bureau, GIAC and Cornell University. The origination site at Cornell University shall be selected by Cornell. 15 . 3 Existing agreements with the City for use of the Cable Communications System, such as the City ' s fire alarm system, shall be continued by ACC for the term of this Franchise. 15. 4 ACC shall provide an all channel audio emergency alert system to the City. The initiation site for emergency messages shall be the Central Fire Station. ACC shall provide a telephone line activation system for the emergency alert system. 15 . 5 Upon activation of the upstream capacity on the Cable Communications System, one upstream channel shall be designated for City and public sector uses. The City shall designate appropriate uses and users for the upstream channel designated for the City. For purposes of this section, an upstream channel shall be a channel which can transmit upstream from subscriber homes or other locations on the cable system to the headend and other points on the system. XVI SUBSCRIBER AND USER RIGHTS 16 . 1 At the time an installation or service agreement is to be signed, ACC shall furnish to each subscriber a simple but -20- thorough written explanation of all services offered; the fees, charges, terms and conditions of such services; information regarding billing and service calls; complaints; information regarding the availability of parental control devices; and a complete statement of the subscriber ' s right to privacy in conformance with 47 U.S.C. Section 631. Thereafter , ACC shall provide subscribers with privacy information at least once a year and other service related information at any time upon request. 16. 2 ACC shall provide to all subscribers annually and all prospective subscribers or users complete written information concerning all services and rates available to such subscriber upon solicitation of service and prior to the consummation of any agreement for installation of service. Such sales material shall clearly and conspicuously disclose the price and other information concerning ACC' s least costly service. Such information shall be written in plain English and shall include but shall not be limited to the following: all services, tiers and rates, deposits if applicable, installation costs, additional television set charges, service upgrade or downgrade charges, lockout devices and information concerning the utilization of video cassette records (VCRs) with cable service(s) and the cost for hooking up such VCRs. 16. 3 ACC shall inform all subscribers annually and all prospective subscribers or users of complete information respecting billing and collection procedures, procedures for ordering changes in or termination of services and refund policies upon solicitation of service and prior to the consummation of any agreement for installation of service. Such information shall be written in plain English. 16. 4 All rates for subscriber services and leasing of channels shall be published. A written schedule of all rates shall be available upon request during business hours at ACC ' s business office and all other facilities. Nothing in this Franchise shall be construed to prohibit the reduction or waiver of charges for attracting subscribers, or the establishment of charges and rate schedules that may vary with volume or nature of usage or programs. 16. 5 In the event that ACC's service to any subscriber is interrupted for twenty-four ( 24) or more consecutive hours, ACC shall expeditiously grant such subscriber a pro-rata credit. 16 .6 Each representative or employee of ACC entering upon private property shall be required to wear an employee identification card issued by ACC and bearing a picture of said representative. 16.7 ACC shall provide a standard identification document to all employees, , including employees of subcontractors, who will be -21- in contact with the public. Such documents shall include a telephone number that can be used to verify identification. In addition, ACC shall use its best efforts to clearly identify all personnel, vehicles, and other major equipment that are operating under the authority of ACC. 16. 8 ACC shall have the right to disconnect service to a subscriber for non-payment after sixty (60 ) days. ACC will discontinue billing customers for service on the date requested by the customer. ACC may bill customers for any unreturned equipment until the equipment is returned to ACC by the customer. ACC shall refund on a pro-rata basis any prepayments made by the customer . 16. 9 CUSTOMER SERVICE STANDARDS. A. Requests for repair service shall be responded to by ACC no later than the end of the next regular business day. B. Response to outages shall be immediately. C. ACC shall maintain a person-operated 24-hour answering service for repair service. D. ACC shall complete all requests for installation within one week after receipt of such requests . Reasonable allowances for peak periods associated with the return of the student population in August and September will be made by the City. E. ACC shall maintain the system to meet all technical requirements of the FCC, the New York State Commission on Cable Television and, to the extent allowable under applicable law, the technical standards included in the Franchise. F. ACC shall maintain a business office within the City of Ithaca and shall inform customers of its hours . ACC agrees to extend business hours if necessary to meet the needs of its customers. G. ACC shall maintain staffing levels and support equipment to assure that telephone inquiries are handled promptly in order to minimize busy signals and hold time. Reasonable allowances for peak periods associated with the arrival of the student population in August and September will be made by the City. H. ACC shall respond to all written billing inquiries within one week . -22- I . ACC will issue a billing credit to any customer affected by a service outage that lasts for more than 24 hours equal to a pro rata share of the customer ' s monthly bill, but in no case less than 1/30 of the monthly bill. If the City at any time feels that these standards are not being met, the City shall notify ACC in writing and ACC shall have 30 days to respond to the City ' s notice. This response will include a reasonable plan to cure the problem, if applicable. Such plan to cure the problem shall be made satisfactory to the City. 16.10 ACC shall inform all persons in advance of the date and approximate time its employee or agents shall enter onto such person' s property for the purpose of installing cable communications service. 16 . 11 COMPLAINT PROCEDURE. A. ACC shall maintain and operate within the City of Ithaca a business office for the purpose of receiving and resolving all complaints, including without limitation those regarding service, equipment malfunctions or billing and collection disputes. The business office shall have a publicly listed local telephone number and shall be open for both telephone and walk-in business. ACC shall provide all subscribers or users with at least thirty ( 30) days prior written notice of a change in business office hours. B. ACC shall periodically, and at various times of the day, present its business office address and publicly listed local telephone number by means of alpha-numeric display on a local origination channel. C. ACC shall respond to requests for repair service no later than the next business day. System outages, whole or partial, shall be acted upon as soon as practicable. ACC shall keep a record of all such complaints in compliance with state law and provide the record to the City as requested. D. Should a subscriber or user have a complaint which is unresolved after fourteen ( 14) days after notifying ACC thereof, the subscriber or user shall be entitled to file his complaint with the City, which shall have primary responsibility for the continuing administration of this Franchise and the implementation of complaint procedures. A representative of ACC shall be available thereafter to meet jointly with the City and the affected subscriber or user , within thirty ( 30) days after said subscriber or user has filed the complaint, to fully discuss and resolve the matter . If the matter cannot be resolved, the City may use judicial proceedings to resolve the matter ; if the City -23- prevails, all judgments and costs for attorney ' s fees will be paid by ACC. 16 . 12 Whenever notice of any public meeting relating to the Cable Communications System is required by law or regulation, the City shall publish or cause to be published a notice of same sufficient to identify its time, place and purpose in an Ithaca newspaper of general circulation once in each of two ( 2) successive weeks, the first publication being not less than fourteen ( 14) days before the day of any such hearing, and ACC by periodic announcement on the programming guide channel, or if such channel is not available on a local origination channel between the hours of seven (7) p.m. and nine ( 9) p.m. , for four ( 4) consecutive days during each such week. 16 .13 ACC shall at all times protect the privacy of subscribers as provided in this Franchise and other applicable Federal, State and Local laws. 16. 14 No people meter shall be used without the express written consent of the subscriber . 16.15 ACC shall use state-of-the-art converters . ACC shall make converters available to subscribers for rent or purchase. ACC shall allow subscribers to purchase or rent converters from other vendors. ACC shall provide detailed information written in plain English to consumers and upon request to any sellers of converters on the items necessary for converter compatibility with ACC' s Cable Communications System. Subscribers shall not be required to replace damaged converters rented from ACC if the damage resulted from fire, flood, earthquake or other natural disaster or act of God. 16 . 16 ACC shall install and/or maintain internal wiring for subscribers. As of March 1 , 1989, ACC may own the internal wiring or , at the subscriber ' s discretion, the subscriber may own the wiring. ACC shall allow subscribers or other vendors to install, own and/or maintain internal wiring. Any subscriber who duly notifies ACC within the time period reasonably established and advertised by ACC, may acquire ownership of the internal wiring at his/her premises without charge. In the event of signal leakage ACC may terminate service consistent with Federal law. 16 . 17 ACC shall make remote control units available to subscribers to purchase or rent . ACC shall allow subscribers to purchase or rent remote control units from other vendors. ACC may provide remote control units to subscribers at no charge as a part of its package of services. ACC shall provide detailed information written in plain English to consumers and upon request to any sellers of remote controls on the items necessary for compatibility with ACC' s Cable Communications System. -24- Subscribers shall not be required to replace damaged remote control units rented from ACC if the damage resulted from fire, flood•, earthquake or other natural disaster or act of God. 16.18 ACC employees will not enter a customer ' s home except when requested to by the customer . XVII EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION 17 . 1 ACC agrees that it shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, national origin, age, marital status, or sexual orientation or affectional preference. In the employment of persons, ACC shall fully comply with applicable local, state and federal law, and shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color , religion, sex, disability, national origin, age, marital status or sexual orientation or affectional preference. 17 . 2 ACC shall be an Equal Opportunity/Affirmative Action Employer adhering to all Federal, State or municipal laws and regulations. Pursuant to 47 CFR 76 . 311 and other applicable regulations of the FCC, ACC shall file an Equal Employment Opportunity Affirmative Action Program with the FCC and otherwise comply with all FCC regulations with respect to Equal Employment/Affirmative Action Opportunities. 17 . 3 ACC shall act affirmatively to increase the number of women and members of various minority groups to their approximate proportion in the total population of the Franchise area at all levels of employment and to enhance the opportunities for women and various minority groups to advance and win promotions in all categories of employment. As part of its obligation under Section 17 .1 above, ACC shall take affirmative action to employ, during the construction, operation and maintenance of the Cable Communications System minorities and females. ACC shall submit to the City annual EEO reports required by the Federal Communications Commission. XVIII REGULATION OF FRANCHISE 18.1 PERFORMANCE EVALUATION. A. The City and ACC shall , at the discretion of the City, hold annual performance evaluation sessions. All such evaluation sessions shall be open to the public. -25- B. Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, system performance, compliance with this Franchise and applicable law, customer service and complaint response, subscriber privacy, services provided, programming offered, service rate structures, Franchise fees, penalties, free or discounted services, applications of new technologies and judicial and FCC filings. C. ACC shall notify its subscribers of all evaluation sessions by announcement on at least one channel of its Cable Communications System between the hours of seven (7) p.m. and nine ( 9) p.m. , for five ( 5) consecutive days preceding each session. D. During review and evaluation ACC and the City shall fully cooperate with each other and shall provide such information and documents as each may reasonably need to perform its review. 18. 2 In accordance with the terms of the Franchise, the City may, at any time, make reasonable inquiries concerned with the management and affairs of the Cable Communications System. ACC shall respond to such inquiries in a timely fashion. 18 . 3 Where the City has questions about the reliability or technical quality of cable service, the City shall have the right and authority to require ACC to test, analyze and report on the performance of the Cable Communications System. ACC shall fully cooperate with the City in performing such testing and shall prepare the results and a report, if requested, within thirty ( 30) days after notice. Such report shall include the following information: A. the nature of the complaint or problem which precipitated the special tests; B. the system component or area tested; C. the equipment used and procedures employed in testing; D. the method, if any, in which such complaint or problem was resolved; and E. any other information pertinent to said tests and analysis which may be required. The City may require that tests be supervised or conducted by a City staff member or a professional engineer who is not an employee or agent of ACC. ACC shall reimburse the City for the -26- costs of such engineer if the tests performed show that the quality of service is below the standards set forth in this Franchise. 18 . 4 BOOKS AND RECORDS AVAILABLE TO CITY. A. The City reserves the right to inspect all pertinent books, records, maps, plans, financial statements and other like material, of ACC, upon reasonable notice and during normal business hours. B. If any of such maps or records are not kept in the City, or upon notice ACC is unable to provide the records in the City, and if the City shall determine that an examination of such maps or records is necessary or appropriate to the performance of any of their duties, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by ACC. 18 . 5 REPORTS REQUIRED. ACC shall file with the City: A. Upon request all reports required by or voluntarily submitted to the New York State Commission on Cable Television and the Federal Communications Commission ( FCC) related to the City of Ithaca shall be provided to the City. B. An annual report setting forth the physical miles of plant construction and plant in operation during the fiscal year shall be submitted to the City. Such report shall also contain any revisions to the system "as built" maps filed with the City, and copies of all materials required by this Franchise to be given to subscribers. C. The following financial reports shall be submitted annually to the City. ( 1) An ownership report, indicating all persons, who at any time during the preceding year did control or benefit from an interest in this Franchise of five percent ( 5%) or more. ( 2) A copy of franchisee' s annual report . ( 3) A report on the placement of any limited partnership offering, if any, including the amount subscribed and the amount paid in. ( 4 ) An annual City-only, certified income statement. ( 5) An annual list of officers and members of the Board of ACC' s and of any parent corporation. -27- D. The following system and operational reports shall be submitted annually to the City: ( 1) ACC shall provide the City with a copy of its annual performance testing results as submitted to the FCC. ( 2) An annual summary of the previous year ' s activities including, but not limited to, subscriber totals for each category of service offered including number of pay units sold, new services offered, and the character and extent of the service rendered to other users of the system, subject to ACC' s need to protect proprietary information. ( 3 ) An annual summary of service requests and complaints received and handled. ( 4) An annual summary of the number of outages. ( 5) An annual summary of all reports required by or voluntarily submitted to the New York State Commission on Cable Television and the Federal Communications Commission (FCC) related to the City of Ithaca. E. ACC shall furnish to the City such additional information and records with respect to its operation, affairs, transactions or property, as may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the City in connection with this Franchise. 18.6 MANDATORY RECORDS. ACC shall at all times maintain: A. A record of all complaints received and interruptions or degradation of service experienced for the preceding period prior to a performance review, consistent with state law and regulation. B. An annual log showing the date, approximate time and duration, type and probable cause of all Cable Communications System outages, whole or partial, due to causes other than routine testing or maintenance. The entries in such log shall be retained by ACC for one ( 1 ) additional year and shall be subject to inspection and copying by the City or its designee during ACC' s regular business hours upon reasonable request . C. A full and complete set of plants, records and "as built" maps showing the exact location of all cable installed or in use in the City, exclusive of subscriber service drops. -28- 18 .7 RIGHT OF INSPECTION A. The City shall have the right to inspect all books , records, reports, maps, plans, financial statements and other like materials of ACC as provided in this Franchise, at any time during normal business hours. B. The City shall have the right to inspect all construction or installation work performed subject to the provisions of this Franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this Franchise and other pertinent provisions of law. C. At all reasonable times and for the purpose of enforcement of this Franchise, ACC shall permit examination by any duly authorized representative of the City, of all Cable Communication System and facilities, together with any appurtenant property of ACC situated within the City and outside of the City if it is utilized in the operation of the City' s Cable Communications System. XIX RATE REGULATION 19 . 1 City having established its right to rate regulation under applicable law, ACC will not raise basic rates higher than the following for a five year period. On February 1, 1988 the maximum rate will be $9.00. On March 1, 1989 the maximum rate will be $11.00 . On March 1, 1990, the maximum rate will be $12. 10. On March 1, 1991, the maximum rate will be $13 . 31 . On March 1, 1992, the maximum rate will be $14. 64. Starting on March 1, 1993, and for each and every year thereafter for the term of this Franchise the maximum rate will be the previous year ' s maximum allowed rate plus 5 percent or that percentage equal to the rise in the Consumer Price Index, whichever is higher . Additionally, ACC will give a need-based senior citizen discount of 10 percent to those who qualify for real property tax exemption and others who qualify using mutually agreeable criteria. Effective March 1, 1989, ACC will not charge custoemrs for additional outlets or FM service. 19 . 2 ACC covenants that it will not bring or fund any lawsuit or other proceeding seeking deregulation of the aforementioned rates prior to March 1 , 1991 and further agrees to pay the attorney ' s fees and other costs of the City incurred in defending any such lawsuit or other proceeding should ACC bring them or fund them prior to March 1, 1991. 19 . 3 Effective March 1, 1991 ACC may seek deregulation of basic cable service rates. If at any time any additional cable -29- franchises granted by the City, or any additional cable television is authorized to operate within the City, there will be no further regulation of ACC ' s rates from the date of said grant of any additional franchise or the beginning of construction of such additional system, whichever comes sooner , until the termination of such additional franchise or of the operation of such additional system, whichever is later . 19 . 4 ACC shall file with the City schedules which shall describe all services offered by ACC, all rates and charges of any kind and all terms or conditions relating thereto. Thereafter, ACC shall file with the City all changes in services, all rates and charges of any kind and all terms and conditions relating thereto thirty ( 30) days prior to all such changes. No rates or charges shall be effective except as they appear on a schedule so filed. XX FRANCHISE FEE 20.1 The City of Ithaca shall be entitled to receive from ACC a Franchise fee of five percent ( 5%) of ACC' s Gross City Revenue. 20 . 2 The Franchise fee established in 20. 1 above shall be tendered as follows: A. Five percent ( 5%) of ACC ' s Gross City Revenue for successive three ( 3) month calendar periods tendered within forty-five ( 45) days after each such period. 20. 3 To the extent necessary to prevent ACC from diverting revenues from the operation of the Cable Communications System from ACC to Affiliates to the detriment of the City, Affiliates (excluding any affiliate which provides a national or regional programming service) shall be permitted to utilize the Cable Communications System only if a Franchise fee on City revenues derived therefrom is paid. 20. 4 In the event that the fees herein required are not tendered on or before the dates fixed in this Franchise, interest due on such fee shall accrue from the date due at an annual rate of three percent ( 3%) above the prime rate or rates of interest , at the City' s primary depository bank. 20. 5 Tender or acceptance of any payment shall not be construed as an accord that the amount paid is correct, nor shall such acceptance of payment be construed as a release of any claim the City of Ithaca may have for additional sums including interest payable under this Franchise. All amounts paid shall be subject to audit and recomputation, by an independent auditor -30- chosen by the City, which shall be based on a fiscal year and shall occur in no event later than one ( 1) year after the fees are tendered with respect to such fiscal year . If , after audit and recomputation, an unpaid fee is owed to the City, such fee shall be paid within thirty ( 30 ) days after audit and recomputation and ACC shall pay the costs of the audit. The interest on such unpaid fee shall be charged from the due date at an annual rate of three percent ( 3%) above the prime rate or rates of interest at the city ' s primary depository bank during the period that such unpaid amount is owed. XXI BONDS, INSURANCE AND INDEMNIFICATION 21. 1 PERFORMANCE BOND. A. ACC shall provide a performance bond in the amount of $500,000 ( five hundred thousand dollars) until construction is completed and shall maintain a performance bond in the amount of $25, 000 ( twenty-five thousand dollars) for the remaining term of the Franchise. The performance bond shall be provided and regulated in accordance with this Franchise. The performance bond shall be provided within thirty days of the receipt of final operating authority. B. The performance bond shall provide the following conditions: ( 1) There shall be recoverable by the City jointly and severally from the principal and surety, any and all fines and penalties due to the City and any and all damages, losses, costs and expenses suffered or incurred by the City resulting from the failure of ACC to: faithfully comply with the provisions of this Franchise; comply with all lawful orders, permits and directives of any City agency or body having jurisdiction over its acts or defaults; pay fees due to the City; pay any claims due the City as resulting from judicial action; pay any claims, liens or taxes due the City which arise by reason of the construction, operation, maintenance or repair of the Cable Communications System. Such losses, costs and expenses shall include but not be limited to attorney ' s fees and other associated expenses. ( 2) The total amount of the bond shall be forfeited in favor of the City in the event: (a) ACC abandons the Cable Communications System at any time during the term of this Franchise or any extension thereto; -31- (b) ACC assigns this Franchise without the express written consent of the City. C. Upon written application by ACC, the City may, at its sole option, permit the amount of the bond to be reduced or waive the requirements for a performance bond subject to the conditions set forth below. Reductions granted or denied upon application by ACC shall be without prejudice to ACC' s subsequent applications or to the City' s right to require the full bond at any time thereafter . However , no application shall be made by ACC within one ( 1 ) year of any prior applications. D. Prior to drawing upon the performance bond for the purposes described in this Section, the City shall notify ACC in writing that payment is due and ACC shall have thirty ( 30) days from the receipt of such written notice to make a full and complete payment . If ACC does not make the payment within thirty ( 30) days, the City may, upon determination of a breach of this Franchise pursuant to Section 3 .6, withdraw the amount thereof, with interest and penalties, from the performance bond. E. Within three ( 3) days of a withdrawal from the performance bond, the City shall send to ACC, by certified mail, return receipt requested, written notification of the amount, date and purpose of such withdrawal . F. No later than thirty ( 30 ) days after mailing to ACC by certified mail notification of a withdrawal pursuant to paragraph D above, ACC shall replenish the performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the performance bond shall constitute a substantial violation of the Ordinance and this Franchise. G. The performance bond required herein shall be in a form satisfactory to the City and shall require thirty ( 30) days written notice to the City of any non-renewal, alteration or cancellation to both the City and ACC. ACC shall, in the event of any such cancellation notice, obtain, pay all premiums for and file replacement bond or policies within thirty ( 30) days following receipt by the City or ACC of any notice of cancellation. H. To offset the effects of inflation, the amounts of the bond provided for herein are subject to reasonable increases at the end of every three ( 3) year period of this Franchise, applicable to the next three year period, upon the reasonable determination of the City. Inflation compensation shall be computed in accordance with the regional Consumer Price Index. -32- I . The City shall not seek recovery from the Performance Bond until it has provided ACC with thirty ( 30) days to cure any default. 21. 2 LIABILITY AND INSURANCE. A. Prior to commencement of construction, but in no event later then sixty ( 60 ) days after the effective date of this Franchise and thereafter continuously throughout the duration of this Franchise and any extensions or renewals thereof, ACC shall furnish to the City certificates of insurance, approved by the City, for all types of insurance required under this Section. Failure to furnish said certificates of insurance in a timely manner shall constitute a violation of this Franchise. B. Neither the provisions of this Section or any damages recovered by the City hereunder , shall be construed to or limit the liability of ACC under this Franchise for damages. C. ACC shall provide the City with written notice of its intention to cancel or not renew any of the insurance policies maintained pursuant to this Franchise. D. The Company agrees to indemnify, save harmless and defend the City, its agents, servants and employees and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney ' s fees for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have risen out of or in connection with the work covered by this Franchise. The foregoing indemnity shall apply except to the extent such injury, death or damage is caused by the negligence or other fault of the City, its agents, servants, or employees or any other person indemnified hereunder . E. All insurance policies obtained under the provisions of the Ordinance or this Franchise shall be written by companies authorized to do business in the State, and approved by the State. 21. 3 ACC shall maintain, and by its acceptance of this Franchise granted hereunder specifically agrees that it will maintain throughout the term of this Franchise, general liability insurance insuring ACC in the minimum of: A. $500,000 for property damage per occurrence; -33- B. $1,000, 000 for property damage aggregate; C. $1, 000,000 for personal bodily injury to any one person; and D. $2,000,000 bodily injury aggregate per single accident or occurrence. Such general liability insurance must include coverage for all of the following: comprehensive, premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury. 21. 4 ACC shall maintain, and by its acceptance of this Franchise granted hereunder specifically agrees that it will maintain, throughout the term of this Franchise automobile liability insurance for owned, non-owned or rented vehicles in the minimum amount of: A. $1,000 ,000 for bodily injury and consequent death per occurrence; B. $1,000,000 for bodily injury and consequent death to any one person; and C. $500,000 for property damage per occurrence. 21. 5 ACC shall maintain and by its acceptance of this Franchise granted hereunder specifically agrees that it will maintain throughout the term of this Franchise, Worker ' s Compensation and employer ' s liability, valid in the State, in the minimum amount of: A. Statutory limit for Worker ' s Compensation. B. $100 ,000 for employer ' s liability. 21.6 INDEMNIFICATION A. ACC shall, at its sole cost and expense, fully indemnify, defend and hold harmless the City, its officers, boards and commissions and City employees against any and all claims, suits, actions, liability and judgments for damages ( including but not limited to expenses for reasonable legal fees and disbursements and liabilities assumed by the City in connection therewith) : ( 1) To persons or property, arising out of or though the acts or omissions of ACC, its servants, agents or employees . -34- ( 2) Arising out of any claim for invasion by ACC, its servants, agents or employees of the right of privacy, or for defamation, of any person, firm or corporation, or the violation or infringement of any copyright , trademark , trade name, service mark or patent, or of any other right of any person, firm or corporation. ( 3 ) Arising out of ACC' s failure to comply with the provisions of any federal, state, or local statute, ordinance, or regulation applicable to ACC in its business hereunder . B. The foregoing indemnity is conditioned upon the following: The City shall give ACC prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section. Nothing herein shall be deemed to prevent the City from cooperating with ACC and participating in the defense of any litigation by its own counsel at its sole cost and expense. XXII BREACH 22.1 In the event that the City has reason to believe that ACC has defaulted in the performance of any provision of this Franchise except as excused by force majeure, the City shall notify ACC in writing of the provision or provisions which the City believes may be in default . ACC shall have thirty ( 30) days from the receipt of such notice to: A. Respond to the City in writing, contesting the City' s assertion of default and providing such information or documentation as may be necessary or; B. To cure any such default or, in the event that, by nature of the default, such default cannot be cured within such thirty ( 30 ) day period, to take reasonable steps to cure the default and diligently continue such efforts until said default is cured. ACC shall report to the City in writing, at thirty ( 30) day intervals as to ACC' s efforts, indicating the steps taken by ACC to cure the default and reporting ACC' s progress until such default is cured. In the event ACC fails to cure the default within the stated period the City shall convene a public hearing on reasonable notice at which hearing ACC may be heard and after which the City shall specify the complaint against ACC; thereafter the City shall appoint an impartial person to act as factfinder who shall -35- fix a date for a hearing at which evidence shall be received and a record kept of evidence of the complaint. The factfinder shall report in writing to both parties with his or her findings of fact. The Common Council shall make a finding of violation or no violation based on those findings. In the event that the City after such hearing determines that ACC is in default of any such provision of this Franchise, the City may also determine to pursue any or all of the following remedies: A. Foreclose on all or any part of the security provided pursuant to this Franchise, including without limitation the performance bond and/or the letter of credit , provided, however, the foreclosure shall be in such amount as the City reasonably determines is necessary to remedy the default and shall include payment of all City expenses incurred in connection with the factfinding hearing. B. Commence an action at law for monetary damages, including the expenses of the factfinding hearing. C. Declare this Franchise to be revoked and order ACC to commence the removal of the Cable Communications System immediately or to cooperate with the City, or any such agency or person authorized or directed by the City to operate the Cable Communications System for a one year period, in maintaining the continuity of service; and D. Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages. ACC may seek recourse as available by law or federal or state regulation. 22. 2 For the violation of any of the following provisions of this Franchise, the City shall notify ACC in writing of the violation and ACC shall be allowed not less than thirty ( 30) days, or such greater amount of time as the City may specify, to correct such violation. In the event ACC fails to correct the violation, the City will be entitled to collect liquidated damages according to the schedule listed below. Such liquidated damages, if not paid by ACC, shall be chargeable, to the extent available, to the bond tendered by ACC within the aforesaid period of time. These liquidated damages shall be in addition to and not a limitation upon the other penal provision of this Franchise and applicable law, including penalties or revocation, or other statutorily or judicially imposed penalties or remedies . A. For failure to complete construction and installation in accordance with this Franchise, $100 .00 per day. -36- B. For failure to submit reports or supply data in accordance with this Franchise, $10 .00 per day for each day that such noncompliance continues. C. For failure to test, analyze and report on the performance of the Cable Communications System in accordance with this Franchise, $25.00 per day for each day, or part thereof, that such noncompliance continues. D. For failure to provide the capital equipment, and facilities, and. services for public, educational and governmental access, as specified in this Franchise, $75 . 00 per day, or part thereof, that such noncompliance continues. The City retains the right, at its sole option, to reduce or waive any of the above-listed penalties where extenuating circumstances or conditions beyond the control of ACC are deemed to exist. The Common Council or its designee shall determine the City' s willingness to reduce or waive any of the above-listed penalties. 22 . 3 No decision by the City to invoke any any remedy under this Franchise or under any statute, law or Ordinance shall preclude the availability of any other such remedy. 22.4 Exclusive jurisdiction and venue over any dispute, action or suit arising therefrom shall be in any court of appropriate subject matter jurisdiction located in the State of New York and the parties by this instrument subject themselves to the personal jurisdiction of said court for the entry of any judgment and for the resolution of any dispute, action, or suit arising in connection with the entry of such judgment. XXIII TRANSFER OF OWNERSHIP OR CONTROL. 23 .1 This Franchise cannot in any event be sold, transferred, leased, assigned or disposed of, including but not limited to by force or voluntary sale, merger, consolidation, receivership or other means without the prior consent of the City. 23. 2 ACC shall promptly notify the City of any actual or proposed change in control of ACC. The word "control" as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised. The current ownership of ACC is as listed in Appendix [G] . 23.3 Prior City authorization is required for every change, transfer or acquisition of control of ACC. City consent will not be unreasonably withheld. For the purpose of determining whether -37- it shall consent to such change, transfer or acquisition of control, the City may inquire into the legal, financial, character, technical and other public interest qualifications of the prospective controlling party, and ACC shall assist the City in any such inquiry. Failure to provide all transfer related information reasonably requested by the City as part of said inquiry shall be grounds for denial of the proposed change, transfer or acquisition of control. 23. 4 The City agrees that any financial institution having a pledge of the Franchise or its assets for the advancement of money for the construction and/or operation of the Franchise shall have the right to notify the City that it or its designees satisfactory to the City will take control and operate the Cable Communications System. Further, said financial institution shall also submit a plan for such operation that will insure continued service and compliance with all Franchise obligations during the term the financial institution exercises control over the system. The financial institution shall not exercise control over the system for a period exceeding one year , unless extended by the City at its discretion and during said period of time it shall have the right to petition for transfer of the Franchise to another grantee. If the City finds that such transfer , after considering the legal, financial, character , technical and other public interest qualifications of the applicant, is satisfactory, the City will transfer and assign the rights and obligations of such Franchise as in the public interest . The consent of the City to such transfer shall not be unreasonably withheld. 23. 5 The consent or approval of the City to any transfer of ACC shall not constitute a waiver or release of the rights of the City in and to the streets, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of the Franchise. 23. 6 Any approval by the City of transfer of ownership or control shall be contingent upon the prospective controlling party becoming a signatory to the Franchise. 23.7 The City shall act on a request for any consent or approval required by this section within 120 days of a presentation to the Common Council requesting such consent or approval. The City' s approval of any transfer or assignment shall not be deemed an approval of the purchase price. 23.8 In the absence of extraordinary circumstances, the City will not approve any transfer or assignment of the Franchise prior to completion of construction of the proposed system. _38_ XXIV MISCELLANEOUS PROVISIONS 24 .1 ACC shall comply with all statutes, rules, and regulations of the New York State Commission on Cable Television. The terms of this Franchise are subject to the approval of the New York State Commission on Cable Television. 24.2 In accepting this Franchise, ACC acknowledges that its rights hereunder are subject to the police powers of the City to adopt and enforce general Ordinances necessary to the safety and welfare of the public, and it agrees to comply with all applicable general laws and Ordinances enacted by the City pursuant to such power . This Franchise is subject to applicable federal and state law, including the Cable Communications Policy Act of 1984 . Nothing contained in this Franchise shall be construed so as to require the commission of any act contrary to such applicable federal and state law. In the event of any conflict between this Franchise and applicable federal and state law the latter shall apply. ACC' s acceptance of this Franchise shall not constitute a waiver or relinquishment of any right it may have, now or hereafter, to seek judicial or other review of the validity, constitutionality or enforceability of any of its provisions. 24. 3 ACC recognizes but does not adopt the City ' s position that the City' s Cable Communications Ordinance [number, date] , is valid and enforceable against ACC. The City recognizes but does not adopt ACC' s position that said ordinance is invalid and unenforceable against ACC. 24.4 Nothing contained in this Franchise shall be construed to deprive ACC or the City of any "grandfather" rights in any future amendments to any statute or regulation. This Franchise, however, shall be subject to such regulations as the City finds necessary to adopt in the exercise of its police power , provided that such regulations are reasonable and do not materially conflict with the privileges granted in this Franchise. 24. 5 If any section, sentence, paragraph, term or provision of this Franchise is determined to be illegal, invalid or unconstitutional, or otherwise unenforceable by any court of competent jurisdiction upon final adjudication or by any state or federal regulatory agency having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect. In the event of such determination ACC and the City shall negotiate in good faith and agree upon a provision which will achieve the same purpose as closely as possible. -39- 24.6 The parties recognize that it is within their mutual best interests for the Cable Communications System to be operated as efficiently as possible in accordance with the requirements set forth in this Agreement. To achieve this, the parties agree to cooperate with each other in accordance with the terms and provisions of this Agreement . Should either party believe that the other is not acting timely or reasonably within the confines of applicable regulations and procedures in responding to a request for action, that party shall notify the agents designated for that purpose by the other . The agent will use its best effort to facilitate the particular action requested. 24.7 During the term of this Agreement, ACC shall be liable for the acts or omissions of its affiliates while such affiliates are involved directly or indirectly in the construction, installation, maintenance or operation of the cable television system as if the acts or omissions of such affiliates were the acts or omissions of ACC. 24 . 8 If by reason of force majeure either party is unable in whole or in part to carry out its obligations hereunder, said party shall not be deemed in violation or default during the continuance of such inability. The term "force majeure" as used herein shall mean the following: acts of God; acts of public enemies; orders of any kind of the government of the United States of America or of the State of New York or any of their departments, agencies, political subdivision, or officials, or any civil or military authority; insurrections; riots; epidemics; landslides; lightening; earthquakes; fires; hurricanes; volcanic activity; storms; floods; washouts; droughts; civil disturbances; and explosions. 24.9 The Mayor or the Cable Commission shall be responsible for the continuing administration of this Franchise. Such designation cannot be changed without prior written notification to ACC. 24.10 Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other . 24.11 Every notice to be served upon the City shall be sent by certified mail, postage prepaid, to the City. Every notice to be served upon ACC shall be sent by certified mail, postage prepaid, to ACC at its Ithaca office. 24.12 The captions to sections throughout this Franchise are intended solely to facilitate reading and reference to the sections and provisions of this Franchise. Such captions shall not affect the meaning or interpretation of the Ordinance. -40- 24.13 This Agreement and all attachments hereto, represent the entire understanding and agreement between the parties hereto with respect to the subject matter hereof , supersede all prior oral negotiations between the parties, and can be amended, supplemented, modified, or changed only as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: CITY OF ITHACA, NEW YORK, a municipal corporation OA City Clerk U JOAyoi AMERICAN COMMUNITY CABLEVISION, a Division of American Television and Communicati s Cor oration Wit esS j - Vice-President SEAL -41- STATE OF NEW YORK ) ss: COUNTY OF TOMPKINS ) On this day of 00 1988 before me personally came John C. Gutenberger, to me personally known, who being by me duly sworn, did depose and say that he resides at 110 Eastwood Terrace, Ithaca, New York and that he is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above Instrument; and that he signed his name thereto by direction of the Common Council of the City of Ithaca. T� �� �.m- .. Notary P blic -, ". i W. NASH otar,Public.State of New York :io,02 NA 4669490,Reg.in Tompwins County my Commissigit Expfts MWCtr *.—k90'• STATE OF COLORADO . ) 'Wr,3/1 ss: COUNTY GF ARAPAHOE ) On this "717 day of NOV BS , 1988 before me personally came 45 k'. R CkEk y, to me personally known, who being by me duly sworn, did depose and say that he resides at ilL /NVEfA16�6 ORIVE E )-tA161-EW0dD CDI.OICA-80 , New--York and that he is the ViCE ES16EAU7To the corporation described in and which executed the above Instrument; and that he signed his/her name thereto by direction of the Board of Directors of said corporation. NotadJ Public MY CWMWWE*W J*24, I= i THE sr'lf u NEW YORK STATE COMMISSION ON CABLE TELEVISION J � William B. Finneran Chairman CABLE TE S ON f.......... RAICHISE>.. . ... ::..... RENE'PVAIS... N.. i i Tower Building Empire State Plaza • Albany, NY 12223 (518) 474-1035 T H[ f r�rf W „ NEW YORK STATE COMMISSION ON CABLE TELEVISION •n c• CABLE TELEVISION RENEWALS The Federal Communications Policy Act of 1984 establishes a new procedure for franchise renewals. The procedure is complex and may require specific action as early as three years prior to the franchise expiration date. The renewal process provides an important opportunity to review your franchise and make any changes which the parties deem necessary or desirable. Extension of service to additional areas, municipal franchise fees, community programming and additional services are examples of provisions that may require update or modification. Your franchise should also be reviewed for compliance with the current State and federal regulations. The Commission staff is available to you free of charge for assistance and consultation during the franchise renewal process. Tower Building Empire State Plaza Albany, NY 12223 5 UT THE d b O NEW YORK STATE COMMISSION ON CABLE TELEVISION may. y+o. CABLE TELEVISION RENEWALS Discussed below are the federal and state requirements for franchise renewals and issues related thereto that the Town should consider. Renewal-Federal Procedures: As you know, the Federal Communications Policy Act of 1984 provides significant protections for the franchisee during the renewal process--protections of which your cable company is aware and will invoke if it feels it is necessary. These protections are set out in Section 626 of the Act. Either the cable operator or municipality may request the commencement of public proceedings during the six month period which begins with the 36th month prior to the franchise expiration. The purpose of these proceedings are to: • identify the future cable related community needs and interests; and • review the performance of the cable operator under the current franchise term Upon completion of these tasks, the Town should adopt a request for proposals. It should define clearly all the matters of concern to the Town, including its desire for an upgrade of the system. A final date for submission of the requested proposal may be set by the Town. Upon submission of a proposal by your cable company to the Town, the Town must provide prompt public notice of the receipt of the proposal. Within four months of the completion of the community needs-review and for the review of the systems performance, the Town must renew the franchise or issue a preliminary assessment that the franchise should not be renewed. Tower Building - Empire State Plaza **Albany, NY 12223 Page 2 Should the franchise not be renewed by the Town, an administrative proceeding conducted by the Town, with due public notice shall be held to consider whether: • the cable operator has substantially complied with the material terms of the existing franchise and with applicable law; • the quality of the operator's service, including signal quality, response to consumer complaints and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in the light of community needs; • the operator has the financial, legal and technical ability to provide the services, facilities, and equipment as set forth in the operator's proposal; and • the operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. Any denial of a franchise renewal by a municipality may be appealed to the courts. I would suggest that the Town carefully review Section 626 of the Cable Communications Policy Act of 1984. There is a presumption of renewal embodied in the Act, for the incumbent cable operator and the unsuccessful party in a lawsuit is required to pay the legal fees for both parties. Renewal-State Procedure: There are a few additional filing requirements as noted in Section 591.2 of the Commission's rules and regulations, the State renewal procedure. Our rules are somewhat more specific in requiring review of the past performance of the cable operator and identifying the future cable-related needs of the community. The municipality must exercise due diligence in: • solicitation of comments from residents of the municipality concerning the performance of the applicant's system. Page 3 0 consideration of the trouble call records maintained by the applicant pursuant to Section 596.8 of the Commission's rules and regulations and of the subscriber complaints files by residents of the municipality with the commission pursuant to Section 590.5 of the state regulations and of the applicant's responsiveness thereto. • consideration of the results of all technical performance tests performed by the commission on the system. • consideration of appropriate financial information concerning the applicant. (related either to rebuild or "new" build). You may wish to form a CATV committee to perform the "due diligence" review and make recommendations to Town Board. After this review the Town must conduct a public hearing to give all persons a full opportunity to participate. Following the public hearing, at a public session, the Town Board shall adopt a resolution granting or denying the renewal. If a renewal is denied, the procedures outlined by the federal law must be followed in addition to a report by the municipality stating how it plans to proceed and an explanation as to the basis of its decision. All renewals adopted at the local level also require a Certificate of Confirmation from this Commission for cable operation in the community. Thirty (30) days after municipal renewal of a franchise, an application is filed by the cable operator with the following documents: • duly certified copy of the municipal resolution (or other writing) granting the renewal; • fully executed copy of the new franchise agreement; • transmittal letter requesting Commission approval pursuant to section 822 of the Executive Law; • and a complete and accurate copy of the latest annual test data pursuant to Part 596.5 of the Commission's rules and regulations. All of the above is contained in Part 591 of the Commission's rules and regulations. The Commission anticipates thoughtful and deliberate considerations during the renewal process. Should the expiration date draw near and the negotiations are not finalized, the Commission upon request, can grant temporary operating authority until the municipal process is completed and an application can be filed with the Commission. Page 4 There are several issues as discussed below which the Town should give consideration in its renewal deliberations. Those issues include the term of the renewal extensions of service, franchise fees, channel capacity, customer service and public access. Term: State regulation allows for a maximum of a ten year renewal (possible eleven years under certain conditions). The state rule is the maximum, there is nothing to preclude a renewal term of three, five or seven years. The Commission is now granting eighteen month Certificates of Confirmation where a system has not proposed and committed to an increase in its channel capacity or has not met the determined future needs of the community. Extension of Service: The Commission has a minimum standard of 35 homes per mile for extending cable service in above ground construction areas without a subscriber contribution for aid-in- construction costs. The 35-home minimum does not preclude negotiations by the Town for a lower threshold. A number of companies are using a 20-home-per-mile threshold before a line extension provision is applied. It is recommended that you negotiate for construction of any unserved portions of the Town without a line extension surcharge. Franchise Fees/Real Property Taxes: Municipalities granting a cable television franchise normally have two available sources of revenue: 1) the franchise fee, and 2) real property taxes applied to the cable plant and other company property situated within the public rights of way in the municipality. However, the actual amount payable to the municipality by the company, under these two methods, is subject to reduction. Section 626 of the Real Property Tax Law permits the company to offset the property tax due by the amount of the franchise fee it pays. The Federal act allows a maximum of five percent (5%) of gross revenue for the franchise fee. This fee includes the State Commission's assessment against the company which is currently about 4/10 of one percent. The percentage level (i.e., 1%, 2%, 3%, etc.) can vary, but the Commission requires that the percentage level be tied to gross receipts since the federal act continues to change and gross receipts basis leaves less room for discrepancies during the term of the renewal. Channel Capacity: We have seen a significant increase in channel capacity both in urban and suburban cable systems. These systems have been rebuilt to 54, 62 or 77 channels. Systems in less densely populated areas are being constructed with capacities of 52 to 62 channels. Channel capacity is a critical issue for the Town. It must help fulfill the communications needs of subscribers for the next decade. Page 5 Customer Service Needs: It is essential that municipalities exercise their rights related to customer service as consumer awareness has heightened due primarily to the deregulation of rates in 1987. The Commission's rules require cable operators to keep all billing complaints on file for six months and all trouble calls on record for two years. Your franchise agreement and Commission rules permit inspection of company records on such matters. Such inspection can be useful in fulfilling your "due diligence" requirement as part of the assessment of the operator's past performance. Generally, the consumer issues that a municipality faces are rate regulation, adequate phone service, reception and programming availability. With the exception of a few remote areas in New York State, cable television rates and services are deregulated pursuant to federal law. However discussion or implementation of senior citizen rates, programming surveys of consumer preferences are not precluded. Inadequate telephone coverage or accessibility by the public to a cable operators's business office can be troublesome to a municipality. Should that be a problem,in your area, the municipality should require quarterly reports by the cable operator on issues such as average number of calls per month, number installations, requests for service, billing disputes, reception problems, etc. so that the company's performance can be monitored. In terms of your renewal, better customer service, such as extended business office hours, increased personnel, modernized telephone systems and service repairs within 24 hours should be discussed, and if necessary, appropriate remedies and or penalties for failure to comply with such franchise provisions. Overall attentiveness to customer service issues by a municipality usually results in better customer service by a cable operator. Public, Educational and Governmental Access: A municipality may require in its renewal proposal and as part of the franchise, that channel capacity be designated for public, educational and governmental use, and may require rules and procedures for the use of such channels pursuant to Section 611 of the Cable Communications Policy Act of 1984. Additionally, the State Commission has regulations in this matter (see attached). It is suggested that consideration be given to allocating a portion of the franchise fee towards funding for access programming. Even where there is great interest in access, it generally doesn't succeed without some operational funding. Some municipalities seek funding, in addition to the franchise fee, for access operating funds and access related equipment from the cable operator. Commission assistance is also available pertaining to funding levels, equipment requests, operating rules, entity by-laws and the like regarding access operations. Page 6 Conclusion: This is intended as a summary of issues for the Town to consider in its renewal deliberation. Commission staff is available to discuss and review with the Town Board or the renewal advisory committee any issues or company proposals for the renewal franchise for your municipality. r :1 NEW YORK STATE COMMISSION ON CABLE TELEVISION CABLE FRANCHISE CONTRACT OUTLINE Topics for Review FACILITIES AND EQUIPMENT • System capacity • System design • Construction and maintenance standards • Addressability • System reliability • Iwo-way capability • Fiber • Institutional networking • Ancillary services (security and fire alarm, banking, polling, etc) • Parential control devices • Stereo television • Converters/descramblers CONSUMER PROTECTION • Service standards • Response practices and standards • Notification to subscribers • Billing practices • Complaint procedures SERVICE AREA • Universal • Primary/extension areas • New subdivisions • Easements TERM 0 1 to 10 years fixed • Variable Tower Building • Empire State Plaza Albany, NY 12223 SERVICE • Activated channels • FM stereo • Broad categories of services • Maintenance of mix, quality, and level of programming • Lifeline basic service • Free service to public and educational buildings • Customers use of VCRs • Notification of changes • Antitrust/Leased access ACCESS • Public and educational/governmental access • NYSCCT rules • On basic • Equipment/studio • Origination points ACCOUNTABILITY • Reporting requirements • Recordkeeping • Penalty clauses/fines/forfeitures • Revocation for fraud • Performance bonds RATES • Annual filing/notification of changes • Re-regulation • Rates vs. charges FRANCHISE FEE • 5% of gross • Audits • Offsets TRANSFERS • Term limitations 0 Prior approval of municipality LIABILITY AND INDEMNIFICATION NYSCCT LANGUAGE REQUIREMENTS MISCELLANEOUS i i i4- EXHIBIT A AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION CONSTRUCTION SPECIFICATIONS I 5/83 1 1 CONTENTS 1. System Specifications........................ 2. Electronic and Passive Equipment.............. 3. Coaxial Cable................................. 4. Splicing Specifications....................... (Section 4 - Revised 1/87) S. Construction Support Hardware................. 6. Underground Ties.............................. 7. Underground Construction..................... B. Operating Maps, Manuals and Records.......... 9. Contractor Decorum........................... 10. Acceptance of Plant and Warranty Period....... 2 5/83 SECTION 1 SYSTEM SPECIE CATIONS A. General Description 1. The system will be, unless oth rwise stated, a trunk, feeder sub-split configur tion with 2. Frequency spectrum and channel capacity throughout the system , unless otherwise stated will be z operational and MHz upgradable. 3. All coaxial cable and passive evices will be capable of passing the frequency spectrum of 5 MHz through MHz. 4. For bidding purposes, it may b assumed that all plant will consist of overhead construction utilizing elephone and power company poles, or underground construction using direct bu ial techniques by trenching or plowing or the use of steel or PVC conduit n trench or bores. In some instances it will be necessary to provide a d set poles and do underground ties. B. Trunk System 1. Automatic gain and slope contr 1 will be utilized at _ev�erX trunk and trunk bridging location. Frequencies ut lized will be in accor a e with manufacturer's specifications and must be co rdinated with ATC's Engineering Department in Denver. 2. Maximum cascade of trunk amplif ers will be as designed by ATC Engineering. 3. All cable shall have a minimum eturn loss before installation, using narrow band sweep, of 30dB or better. 4. The reverse trunk amplifiers must utiliz some method of open loop level compensation at every location. C. Feeder System 1. The maximum number of line exten ers in cascade without derating will be one. Use two only if both are derate by 3dB. 2. Some method of open loop level c mpensation will be used in all line extenders. 3. All feeder cable will have a min mum return loss before installation, using narrow band sweep, of 30d . 4. Minimum tap spigot levels will b dbmv at the highest design frequency and dbmv at 55MHz. _T?-the system is to utilize converters to 100% of t e su scribers, the to spigot levels will be decreased by 2dB. 5. Bridger and line extender outputs will have a continuous slope and/or block tilt across the forward frequency spectrum. This is to optimize amplifier output distortion characteristics an meet ATC minimum system distortion parameters. 6. All tap off devices will be direc ional couplers utilizing 2, 4, 6 and 8 way hybrid splitters for distribution f signals. 3 5/83 � s SECTION 2 ELECTRONIC AND PASSIVE EQUIPMENT A. Amplifiers 1. Each trunk amplifier, bridger, intermediate bridger, and line extender shall be tested prior to being installed in the system. 2. AGC and ASC control shall be checked before being installed. L Current carrying capacity of all trunk line actives shall be 10 amperes or better. B. Power Supplies 1. ATC will be responsible for designating locations of power supplies on the power poles, and supplying drawings of a typical power supply location. These will be submitted to the contractor. 2. Contractor shall be responsible for installing power supplies unless otherwise designated by ATC. 3. ATC shall be responsible for inspection and power turn-on at all power supply locations. 4. All power supplies shall have a vertical ground. Support messenger shall be bonded to this same vertical ground. If there is no existing vertical ground, contractor shall install one. 5. The same size and type of cable used for feeder lines shall be used to interconnect power supplies with power inserters and amplifiers. It is preferable to use the amplifier power insertion point, but in no case shall more than 200 feet of cable be used between the power supply and the power insertion point without written approval of ATC. 6. Power inserters (except power inserters built into the amplifier) shall have 10 amp slo-blo fuses in each power leg. 7. All terminal connections shall be treated with an oxide inhibitor at all power supply locations. 8. All power supplies shall be regulated, 60 volt RMS, 14 amperes minimum; with RF filtering and resettable circuit breakers inside the housing and surge protection details as follows: (a) RFI rejection greater than 60 dB, 5 MHz through Mhz. (b) A switch box with automatic 15 ampere resetting circuit breakers where legal, shall be mounted between the meter base and power supply. (e) A pilot light shall be wired so that the light is on when power is being supplied to the coaxial cable system. (f) The power supply shall be equipped with a 10-second output time delay relay. (g) The output waveform applied to the cable system shall approximate a square wave; i.e., RMS value shall not be less than 75% of the peak value. (h) The power supply shall contain a current limiting device on the 60 volt output. 4 i C. Passive Devices 1. Stainless steel screws are to be used in all passive devices for base-plated and center-seize screws. The threaded end of the screw shall not be concave. 2. Unless otherwise specified, directional tap plates may be changed to different values without disconnecting feeder cables. 3. A sample test of incoming passives shall be accomplished to insure that specifications are met on through loss, tap loss and isolation. SECTION 3 COAXIAL CABLE A. Specifications and Testing 1. All (100%) of the coaxial cable received shall be physically inspected to determine that the center conductor is securely bonded to the dielectric, that the aluminum is tightly extruded to the dielectric, and that all other mechanical specifications are met. 2. Physical and electrical specifications of all coaxial cable shall meet the manufacturer's specified tolerances. 3. All coaxial cable shall have a minimum structural return loss before installation, using narrow band sweep techniques, of 30 dB from 5 MHz through MHz. 4. Cable structural return loss shall not degrade by more than 4 dB after installation - 5 MHz through MHz. S. Unless otherwise specified in the contract, ATC will test and accept every reel of cable before issuance to the contractor for the following: (a) Structural return loss (b) Attenuation (c) Characteristic impedance. 6. If the contract specifies that the contractor will perform the above tests, then complete records of each test will be maintained and will be given to ATC at the completion of each phase, or upon request by ATC. 7. Structural return loss measurements on cable shall be made with a suitable bridge and sweep generator. The terminating impedance shall be adjusted for optimum return loss. Type N connectors or better shall be used to minimize connector reflections. Peaks of return loss "spikes" should be measured. No weighting factors are to be used. 8. Characteristic impedance is measured by sweep methods, calibrated by substitution of an accurate resistive impedance. 9. Cable attenuation is measured by sweep frequency methods with a signal comparator by switching the oscilloscope from test to reference and using a variable attenuator to determine by comparison the cable attenuation at the design frequencies. 5 B. Handling Coaxial Cables 1. Maximum pulling tensions as specified by the cable manufacturer shall not be exceeded when pulling in coaxial cables. The following tensions will be observed when pulling cable presently in use by ATC: a. Comm Scope PIII+ (1) .500 200 lbs. (2) .750 420 lbs. (3) 1.00 490 lbs. b. Scientific-Atlanta GID-3 (1) .500 200 lbs (2) .625 300 lbs (3) .750 420 lbs (4) .875 480 lbs (5) 1.00 490 lbs 2 Coaxial cables shall not be pulled with a vehicle unless accompanied by an ATC approved automatic tension release to prevent damage to the cable. A diagram of an ATC approved device is included in Appendix A. 3. Cable rollers shall be used in the following locations to protect cable and property. (a) Not more than 60 foot spacing between rollers. (b) Not more than 25 foot spacing over all roadways to ensure clearances. (c) Over all telephone drops to prevent chaffing of drop. (d) Over all driveways and in areas where persons could be hurt. 4. Corner cable rollers, especially designed for this purpose, shall be used for pulling coaxial cables around corners greater than 30 degrees. 5. When pulling multiple cables, appropriate cable rollers shall be utilized to properly support and separate the cables so that when lashed, the cables will maintain their approximate same position in the cable bundle throughout the entire length of the cable run. 6. The lashing machine shall not be pulled with a vehicle at any time. 7. All trunk shall be double lashed and any cable bundle 1112 inches or greater shall be double lashed. When lashing coaxial cable to the support messenger, there shall not be less than one wrap in 14 inches. 8. Coaxial cables shall be smoothly installed. Loose lashing, twisting, weaving or air looping of cable shall be cause for rejection. The existence of any physical ripple, kink or flatness around the outside diameter of the cable shall be cause for rejection. 9. Lashing wire shall be .045 inch, alloy 430 stainless steel , unless otherwise specified in writing. 6 10. Lashing cable support straps shall be zinc or stainless steel. See drawing in Section 4. 11. The lashing wire shall be wrapped twice around the messenger before terminating in the lashing wire clamp. The lashing wire clamp must be securely fastened to the strand to ensure that the clamp does not slide or twist. 12. When securing lashing wire to the cable lashing wire clamp, care should be taken in securing lashing wire so that the clamp does not cut the wire, 'thereby releasing it. The lashing wire shall go between the two washers and be wrapped no more than one-half turn. When double lashing, the two wires should be separated by the interior washer. The nut on the washer side should be tightened to secure the wire. See the drawing in Section 4. 13. When lashing wire is securely fastened, the end of the lashing wire shall not be exposed. It shall be tucked inside of the cable lashing clamp. No loop or end of wire shall protrude from the clamp. 14. Cable support straps and plastic cable spacers shall be placed two inches from the lashing wire clamp on the pole side of the clamp. Kinsel type spacers shall be used on multiple cable bundles. 15. When any two or more cables of the same diameter are installed on the same strand, one or more cables will be identified with a waterproof tag/tracer every four feet and so indicated on the as-built map. Cables shall be identified as follows: (a) With dual trunk and dual feeder, the A cable will be plain and will be on the left side of the strand in the direction of the forward flow signal. (b) The B cable will be Blue or Green tracer and will be on the right side of the strand in the the direction of the forward flow signal. (c) The institutional cable, if there is one, will be Red tracer. 16. Cable Reel Set-Up When the pay-out trailer is set-up, the center of the reel should be sighted so that the cable pulls from the center of the reel, directly into the set-up block, and along the line-of-sight of the strand. If the pay-out reel cannot be leveled, the contractor will ensure that an individual is stationed at the reel to enable the cable to unwind without making contact with the flanges of the reel. All cables must be pulled from the top of the reel. 11. The contractor shall use 45 degree multi-cable roller or equivalent at the first pole of the proposed run to insure minimum stress and maximum protection to the cable as it comes off the reel. Cable shoes are not permitted. 18. The cable trailer shall never be placed any nearer to the pole than the height of the strand attachment to that pole. It is preferred that cable trailers be placed twice the strand height attachment from the base of the pole in order to prevent distortion of the cable. 19. No drive-off of cable is permitted. 7 L f 20. When transporting reels from the warehouse to the construction site, cable ends will be securely fastened and capped or sealed to avoid damage. If ends are cut at the warehouse, the bouncing on the reel trailer pay-off shaft can cause the cable to loosen on the reel, resulting in cross- wraps, kinks and/or wavy conditions. C. Forming Coaxial Cables 1. All expansion loops will be of the flat bottom type with the "flat" portion being no less than 15 cable diameters long. These loops shall be formed using the Jackson Communications Corp. Unibend (3/4) X11084, or equivalent as approved by ATG. 2. Feeder cable shall have a full expansion loop at every pole, on the input or output side of the pole as specified, at every passive device, amplifier and splice. Trunk cable shall have full loops at the input and output of all devices. Trunk splices and all corners greater than 45 degrees shall have a full loop on the output side. A two-inch space shall be left between cable support and the start of the expansion loop. 3. One expansion loop shall be placed in the feeder cable at the output side of every pole at all tap locations. 4. The bending radius shall not be less than manufacturer's recommended minimum bending radius and shall conform to all ATC specifications. 5. ATC approved standoff brackets shall be used to secure all feeder distribution passive devices to support messenger in all locations where feeder cable parallels trunk line cables. 6. In the event a cable terminator is installed at the end of a feeder where no tap exists, a cable spacer and strap shall be installed within two inches of the terminator to avoid possibility of kinked cable. The end of the terminator shall be tilted up slightly. 7. Any active or passive device at the end of a line will be terminated with a 5/8 inch entry terminator if the device is not already internally terminated. 8. If cable tails are left, they are to be supported by a section of lashing wire, cable support strap or nylon tie no less than 6 inches from the end of the cable. All exposed cables shall be capped or sealed to prevent moisture ingress prior to splicing. Tape is not an acceptable method of sealing cable ends. SECTION 4 SPLICING COAXIAL CABLE 1. An ATC approved cable preparation device or splicing tool (such as SST-*** series or equivalent) shall be used in all splicing. 2. The appropriate coring tool (such as CTS-***, T-xxx series or equivalent) shall be used in all splicing. 3. All connectors shall have integral mandrel steel sleeves. 4. An ATC approved splice block may be used on trunk cable splices in plant operating up to 400 MHz. The splice blocks should be used at the discretion of the project manager or system engineer. 8 s 5. Right angle, 1800 connector, or housing to housing adaptors shall be used as necessary for proper clearance. No reverse loops will be allowed. 6. All passive devices shall be strand mounted or supported by a special standoff bracket when the housing mount cannot be used, or when interconnected to another device by an entry to entry connector. The approved stand-off brackets are CATV supply part $1020-A and 1020-B or their equivalent. All equivalent substitutions shall be approved by ATC. Support brackets shall not extend below the equipment being supported. 7. No active device shall be mounted on a slack span without prior approval of ATC engineer. 8. No active or passive devices with the exception of taps shall be mounted on the dead-end or false dead-end preform. 9. Splicers shall use 75 ohm resistor/jumpers and an ohm meter in the following manner to insure no opens or shorts in the line. a. A 75 ohm resistor will be attached to one end of the cable section to be spliced by connecting one side to the center conductor and the other to the shield. b. Where the plant is dual cable, i.e. multiple trunk and multiple feeder, the following procedure will be used: 1. A 75 ohm resistor shall be attached to the A cable. 2. A 150 ohm resistor shall be attached to the B cable. 3. A 250 ohm resistor shall be attached to the in- stitutional cable. C. Zero the ohm meter and measure the resistor being used and mark that reading on the meter face with a grease pencil or triangular piece of tape. The splicer can now continue to the next device, prepare the cable using the appropriate coring tool, clean the .center conductor and measure the center conductor to ground. The reading should be approximately the same as the reference measurement. The device is then installed and the output measurement taken and should read the same. If the device installed is a line extender or trunk amplifier, a continuity jumper (no resistor) should be placed from center conductor to center conductor (inside the device). A special 75 ohm (150 or 250 ohm) jumper can be placed in a bridger amplifier to allow the splicer to work from the amplifier to the terminating tap. This jumper should have an alligator clip and lead soldered to one side of four 75 (150, 250) ohm resistors. The clip is connected to ground, and an individual lead and clip soldered to the other end of each 75 (150, 250) ohm resistor. These clips are for connection to the bridger port center conductors. 10. One trunk splice per 180 degrees of angle pulled is the maximum allowed. 180 degrees of pull shall mean two continuous 90 degree turns with a straight section of cable of under- determined length connecting the output of one 90 degree turn to the input of the second 90 degree turn. All other trunk splices must be approved by the ATC field representa- tive. 9 L 11. No splice will be allowed where it is not accessible from the pole by a man on climbers or by ladder. 12. All active and passive equipment shall be situated in a manner that is accessible for service by a service person on climbers from the pole. 13. There shall be an expansion loop at both the input and output side of all actives, passives devices and splices in the trunk cable. 14. There shall be an expansion loop only in the output side of all active, passive device (except taps) and splices in the feeder cable. 15. If the expansion loop is installed by the splicer, he shall use a forming tool (such as Jackson Uni-Bend) approved by ATC. 16. The splicer shall reform any expansion loop he has distorted in the process of installing a passive or active device, to the specifications required. This can be accomplished by using the forming tool approved for the project. If the cable cracks, while reforming, new cable shall be installed. 17. The splicer shall re-install the lashing wire clamp and re-wrap the lashing wire according to ATC Construction specifications to prevent future damage to lashing wire and cable. 18. The center conductor shall be clean of any remnants of dielectric or foreign materials prior to installing cables in the device. Wipe center conductor clean with a cloth using a circular motion. If the center conductor has any remaining residue, use a suitable burnishing means (such as a fine emery cloth, scotch pad, etc.) to remove any remaining residue for good electrical contact. Do not use a knife to remove any remaining residue as it may remove the copper cladding. 19. Connectors to amplifiers, multitaps and all other devices in both the trunk and feeder system shall be protected against moisture in a manner specifically approved by ATC. Approval of the method shall not relieve the contractor of full responsibility for proper application and workmanship of the materials in the manner specifically approved by ATC. All connector threads shall be treated with an ATC approved silicone lubricant. a. All entry to entry connectors shall be covered with an ATC approved sealant. b. All 90 and 180 degree connectors and splice blocks shall be covered with an aqua seal , electro seal or equivalent if a shrink boot cannot be applied. The center conductor seizing screw port cap accessibility shall not be hampered by either shrink boot, aqua seal, electro seal or other materials. C. Shrink tube shall extend over any housing lip designed to facilitate moisture proofing of a connector and at least three inches past the back edge of the connector. If a jacketed cable is used, the shrink tube shall overlap the jacket by at least three inches. Heat should be applied evenly on the shrink tube to ensure proper sealing. 10 20. Proper sizes of shrink tube shall be used to prevent splitting or improper fit of shrink tube. 21. A water gasket shall be installed in all amplifier, directional tap, directional coupler, splitter and power inserter lids and covers. Additionally, all amplifiers, directional taps, directional couplers, splitters and power inserters shall have an RFI-EMI conductive gasket, whether as part of the water gasket or as a spearate gasket. 22. Metal terminators with the ground end of a 75 ohm resister soldered to an F connector shall be installed on all tap ports. Port threads will be lubricated with DC-11 or equivalent prior to installing terminators. Security shields may be required as specified by the ATC representative. 23. If connector or splice pull-outs occur at an average rate greater than one-half per cable-bearing strand mile of system built during the first 12 months following acceptance, the contractor shall take remedial steps and shall continue to be similarly responsible. 24. Torque and tightening sequences as specified by manufacturers and approved by the ATC engineer shall be used in tightening down amplifier lids, passive device covers and connectors. The use of a torque wrench may be required. 25. ATC shall present the contractor with a letter from each manufacturer and/or local ATC specification, specifying the torque to be used on their respective equipment. 26. The splicer should ensure that all active and other designated locations as directed by the ATC engineer are properly grounded. 27. All splicing shall be in accordance with the ATC splicing drawings attached to these specifications. U�nderorou�nd Splicilg of coaxial Cables 1. An ATC approved cable preparation device or splicing tool (such as SST-*** series or equivalent) shall be used in all splicing. 2. The appropriate coring tool (such as CTS-***, T-xxx series or equivalent) shall be used in all splicing. 3. All connectors shall have integral mandrel steel sleeves. 4. An ATC approved splice block may be used on trunk cable splices in plant operating up to 400 MHz. The splice blocks shall be used at the discretion of the project manager or system engineer. 5. Right angle, 180 degree connector, or housing to housing adaptors shall be used only where necessary for proper clearance. No reverse loops will be allowed. 6. All passive devices shall be mounted or supported by a bracket when interconnected to another device by an entry to entry connector. The approved stand-off brackets are CATV supply part #1020-A and 1020-8 or their equivalent. All equivalent substitutions shall be approved by ATC. Taps should be mounted at least 12" above the ground level and secured to the stake of the pedestal. 7. Splicers shall use 75 ohm resistor/jumpers and an ohm meter in the following manner to insure no opens or shorts in the line: 11 a. A 75 ohm resistor will be attached to one end of the cable section to be spliced by connecting one side to the center conductor and the other to the shield. b. Where the plant is dual cable, i.e. multiple trunk and multiple feeder, the following procedure shall be used: 1. A 75 ohm resistor shall be attached to the A cable. 2. A 150 ohm resistor shall be attached to the B cable. 3. A 250 ohm resistor shall be attached to the in- stitutional cable. C. Zero the ohm meter and measure the resistor being used and mark that reading on the meter face with a grease pencil or triangular piece of tape. The splicer can now continue to the next device, prepare the cable using the appropriate coring tool, clean the center conductor and measure the center conductor to ground. The reading should be approximately the same as the reference measurement. The device is then installed and the output measurement taken and should read the same. If the device installed is a line extender or trunk amplifier, a continuity jumper (no resistor) should be placed from center conductor to center conductor (inside the device). A special 75 ohm (150 or 250 ohm) jumper can be placed in a bridger amplifier to allow the splicer to work from the amplifier to the terminating tap. This jumper should have an alligator clip and lead soldered to one side of four 75 (150, 250) ohm resistors. The clip is connected to ground, and an individual lead and clip soldered to the other end of each 75 (150, 250) ohm resistor. These clips are for connection to the bridger port center conductors. 8. One trunk splice per 180 degree of angle pulled is the maximum allowed. 180 degrees pull shall mean two continuous 90 degree turns with a straight section of cable of undetermined length connecting the output of one 90 degree turn to the input of the second 90 degree turn. All other trunk splices must be approved by the ATC field representative. 9. All active and passive equipment will be situated in a manner that is accessible for service by a service person working in a pedestal without requiring disassembly of the pedestal. 10. The center conductor and shield shall be clean of any remnants of dielectric or foreign materials, or flooding compound, prior to installing cables in the device. If the center conductor has any remaining residue, use any suitable burnishing means (such as a fine emery cloth, scotch pad, etc.) to remove any re- maining residue for good electrical contact. Do not use a knife to remove any remaining residue as it may remove the copper cladding. The flooding compound shall be removed by an approved solvent. 11. Connectors to amplifiers, multitaps and all other devices in both the trunk and feeder system shall be protected against moisture in a manner specifically approved by ATC. Approval of the method shall not relieve the contractor of full responsibility for proper application and workmanship of the materials in the manner specifically approved by ATC. All connector threads shall be treated with an ATC approved silicone lubricant. 12 i L a. All entry to entry connectors shall be covered with an ATC approved sealant. b. All 90 and 180 degree connectors and splice blocks shall be covered with aqua seal, electro seal or equivalent if a shrink boot cannot be applied. The center conductor seizing screw port cap accessibility shall not be hampered by either shrink boot, aqua seal, electro seal or other materials. C. Shrink tube shall extend over any housing lip designed to facilitate moisture proofing of a connector and at least three inches past the back edge of the connector. If a Jacketed cable is used, the shrink tube shall overlap the jacket by at least three inches. Heat should be applied evenly on the shrink tube to ensure proper sealing. 12. Proper sizes of shrink tube shall be used to prevent splitting or improper fit of shrink tube. 13. A water gasket shall be installed in all amplifiers, directional taps, directional couplers, splitters and power inserter lids and covers. Additionally, all amplifiers, directional taps, directional couplers, splitters and power inserters shall have an RFI-EMI conductive gasket, whether as part of the water gasket or as a separate gasket. 14. Metal terminators with the ground end of a 75 ohm resistor soldered to an F connector shall be installed on all tap ports. Port threads will be lubricated with DC-11 or equivalent prior to installing terminators. Security shields may be required as specified by the ATC representative. 15. Torque and tightening sequence as specified by manufacturers and approved by the ATC engineer shall be used in tightening down amplifier lids, passive device covers and connectors. The use of a torque wrench may be required. 16. ATC shall present the contractor with a letter from each manufacturer and/or local ATC specifications, specifying torque to be used on their respective equipment. 17. All splicing shall be in accordance with the ATC splicing drawings attached to these specifications. 18. The contractor shall be responsible for the installation of all risers in the proper quadrant on the pole, and their associate splice to the aerial plant unless otherwise stated. 19. The same type of cable used for underground construction shall be used for risers. The cable shall be run from the bottom of the riser pole to the level of aerial attachment. A minimum of five feet of cable "tail" shall be left for splicing into aerial plant. Cable tails shall be capped or sealed. 20. "U" guard molding, either steel or rigid PVC, shall be used on at least the first eight feet of cable on all riser poles. 21. Where more than one cable is buried, proper and adequate marking shall be on the cables for proper functional identity. 22. The splicer should ensure that all active and other designated locations as directed by the ATC engineer are properly grounded. 13 Splicing Sketches i AERIAL COMMICTION '•� AND WON A� CAK[ a 0 0 a a O �t�lb �CLAMP LMNINS WIRE O-W DESCRIPTION: STTiAP, SPACER, AND LASHING WIFE CLAMP 3 Rg,,cigy5,ches - Section 4 S � AERIAL CONSTRUCTION 9-W AND IPL ICI NO SNNL ell�etnoN I"oRwR� RAtt ~Am pun ON TMRU "XIS tf t' a to 000 A►AND t1RAr ANe Nt rM ft AMD Nf ►LAG[ Ri1Rlr AT TM MUT ON VMTI CANL[ DESCRIPTION' TYPICAL LWP Splicing Sketches - Section 4 AERIAL co"TRUCT" 9-ft ' awe mam ►pe w sea 71COIi1N:R [• oe ALL [ i►11[MTON PWF 11 z iTam* Am POM to m wimm "Tagg oopc�L COLE FM MOM 10 1A[1t 0~ RAW•Cmw as POLL POEM SuFmT MOMT �01lLAf To M�CAL MRt �. Splicing Sketches - Section 4 Revised 1/87 DESCRIPTION* TYPICAL POWER SUPPLY PLACEMENT • w W W D � s s S � � J Q L � J t � a � O w L w w L Splicing Sketches-Section 4 Revised 1/87 A[RIAL SPUCINN •'N ! r r Of e' i s• .rqr 1 sir+uemm of Tw me comci 7D N �. r • N A (p J. d� co X, 4 M C f'f A m m n DESCRIPTION: TYPICAL TAP SPLICING - MULTI CABLE RUN J. Q A e AERIAL SPLICING ••N 00 r �• I i DESCRIPTION, TERMINATING TAP Splicing Sketches - Section 4 Revised 1/87 16 w L w Splicing Sketches - Section 4 Revised 1/87 } L 16 t ti i •r Splicing Sketches - Section,4 Revised 1/87 a i • w 3 is Splicing Sketches - Section 4 Revised 1/87 3 b t J J J 0 , 0 1 11 1 1 • 1 � ' • S 1 Splicing Sketches - Section 4 Revised 1/87 S • • ti ti ro .000, H UPI 16 ti ti FE W L �j Splicing-Sketches - Section 4 Revised 1/87 sv WLW a<ou111s IM W a rIM c wa _- r r IIIIIIIIII F00 J.J. N A Q U3 H� \N 4 1 410 f'f N N jy �- OESCRIPTION- ACTIVE AND P14SSIVE WITH BACK FEED SI GNAL i ti W / � W ti > Aa M J v Splicing Sketches - Section 4 Revised 1/81 SECTION 5 CONSTRUCTION SUPPORT HARDWARE A. Types of Materials 1. All forged steel and iron hardware used shall be hot dipped galvanized, meeting specification ASTM-A153. 2. All steel support messenger used shall meet specifications ASTM- A475-69T forl/4 inch extra high strength, Class A Galvanized. 3. All copper clad hardware used shall not have less than 15 mils thickness of copper coating, and shall not have extensive electroplating pits. 4. All wood products used shall be pressure treated to not less than 10 pounds of preservative per cubic foot of wood. Approved preservatives are Creosote or Pentachloraphenol. 5. All other hardware materials not specified above shall be corrosive protected to the environment. These materials will be of the highest quality with a long life expectancy of 20 years. 6. In the event dissimilar metals are joined, there will be a potential source for galvanic corrosion; one of the following must be adhered to: a. Bi-metal connectors shall be used for that particular application, or b. An oxide inhibiting compound shall be used, first application being good for two years. B. Anchors 1. All installation of anchors shall be coordinated with the Department of Public Works and all utility companies to insure that no damage will be incurred by their underground services. 2. The contractor shall be held responsible for any damage to any underground facilities resulting from its attempt to place equipment or materials while constructing the system. 3. Anchors and guy wires shall be installed and tensioned prior to sagging any support messenger. 4. Temporary guys shall be installed at the end of any messenger run that is proposed for extension by the owner before sagging in messenger, with permission of the utilities. 5. Auxiliary eye attachments to utility anchors will be allowed only when written permission is granted by the utility companies involved. 6. ATC approved screw anchors shall be installed in all locations . shall be 6-inch screw type unless otherwise specified. 7. All anchors shall be placed into the ground making certain that at all times the anchor rod is in line with the proposed guy attachment. No bends will be allowed in the anchor. 8. The eye of the anchor rod shall not extend more than 6 inches above ground level. 14 9. Any anchor rods which are found to be distorted, i.e. bent, twisted, the eye damaged, will be replaced upon request of ATC at contractor's expense. C. Guy Wires 1. All guy wires shall be installed and tensioned prior to sagging any support messenger. 2. Contractor shall be responsible for damage to any utility poles or peripheral equipment caused by raking of poles. 3. All guy wires shall maintain proper clearances to insure safe passage of vehicles and persons. 4. Guy guards shall be installed whenever the guy wire presents a hazard to persons, vehicles, or animals who are likely to come in contact with guy wires accidentally. Any guy more than three feet from other guy guards shall have a new guy guard installed. 5. All guy guards shall be yellow plastic unless otherwise specified. 6. One-quarter inch extra-high strength messenger shall be used in all locations unless otherwise specified by the the utilities, other codes or ATC. 7. Five-sixteenths inch high strength strand shall be used for all railroad and highway crossings over 400 feet or when specified by Railroad or Highway Departments. 8. Sidewalk guys shall be used in all locations where a clearance of 8 feet is not available over sidewalks or lateral room is not available using normal guy wire installation techniques, if allowable by local utilities. 9. Span guys shall be used in locations where it is not feasible to install an anchor, if allowable by local utilities. 10. Preformed dead ends shall be used on all guys at the anchor rod to allow for proper tension and maintenance. 11. Strand shall be continuous to the anchor where possible. Where continuous strand is required to the anchor rod, a continuity bond shall be used to tie the guy wire to the support strand. D. Poles - Wooden and Concrete 1. ATC shall acquire all road permits and easements required for setting poles. 2. Class 5 poles shall be used for all anchor and slack span attachments. 3. Class 6 poles shall be used for all inline poles. 4. Not less than one foot or more than two feet of pole shall extend above support hardware where only CATV is attached, unless otherwise specified. 5. Stainless steel, or galvanized fastening hardware (meeting ASTM- A153 specifications), shall be used on all concrete and metal poles. 6. All concrete pole attachments of anchor or main trunk line locations shall be drilled by by authorized personnel using standard CATV construction practice. 15 8. Inline concrete and metal pole attachments on feeder lines shall be bracketed or drilled as dictated by the local utilities. If bracketing should be required, use stainless steel 3/4 inch banding or special brackets. 9. When drilling concrete poles, the following procedures shall be followed unless otherwise specified by ATC: a. Drill a pilot hole through pole using carboloid drill bit, then, b. Using an impact drill and 11/16 inch carboloid bit, bore hole from outside to center on each side of pole. E. Bolts - Pole Attachments 1. All through bolts and eye bolts shall be of 5/8 inch construction. 2. At no time shall there be more than 9/2inches, or less than two full threads of bolt extending beyond the outside of the square nut after the strand clamp has been securely fastened. If it is necessary to saw off a section of bolt, the sawed end shall be treated with an ATC approved corrosion inhibitor. F. Suspension and Cross-Over Clamps 1. All suspension clamps shall be of the three bolt, flat back variety. 2. The lip of the suspension clamps shall always be below the through bolt, and facing the pole. 3. Cross-over clamps, especially made forl/4 inch messenger shall be used. Use of bushings or shims are not permitted to make a secure connection on standard cross-over clamps. 4. Curved suspension clamps shall be used for tangential pulls up through 35 degree angles as follows: a. Straight run up to 10 degrees, use a straight suspension clamp. b. Any tangential pull from 10 degrees to 35 degrees, use a curved suspension clamp. 5. All tangential pulls greater than 35 degrees shall use dead end construction techniques. 6. Curved suspension clamps shall always be placed on the threaded end of a through bolt. Dead end construction attachments may be attached to opposite end of through bolts. 7. Introducing tangential pulls at strand cross-overs shall not be done using normal cross-over clamps. Where change of direction is necessary at a cross-over to make lateral clearances, you shall use one three-bolt guy clamp and one three-bolt suspension clamp connected together by a 5/8" x 4" bolt and three nuts. G. Cross-Arms, Extension Arms and Guard Arms 1. Wooden, hot dipped galvanized or epoxy arms shall be used when necessary to make lateral clearances around trees and obstructions. The type of arm will be specified by ATC. 2. No wooden cross arms shall be installed on concrete poles; it will be necessary to use steel or epoxy arms. 16 S 3. Where it is necessary to install an arm on a pole that has a tangential pull , a steel or epoxy arm shall be installed. H. Steel Support Messenger (Strand) 1. All guy wires shall be tensioned prior to sagging in any support messenger. 2. One-quarter inch extra-high strength messenger shall be used in all locations unless otherwise specitied by the utilities or other codes. 3. Messenger shall be under tension at all times when being pulled in. 4. All precautions shall be taken while pulling messenger in order to: a. Prevent damage to other utility equipment and wires, b. Maintain clearances across roads and driveways and not jerk or flop messenger up into power. 5. No messenger shall be pulled with a vehicle unless accompanied by a tension release approved by ATC. 6. Initial strand placement must always be slightly tighter than the final plant to allow for the installed cable weight to stretch t$e final plant into proper sag. The recommended sag is 1.5% finished sag at 70 F; 1.5% sag is generally followed by the telephone company. The CAN sag will parallel that of the utilities. 7. False dead end messenger attachments shall be used in all locations accompanied with guying where great differences in pulling tensions are required to maintain proper clearances and prevent raking of unguyed poles or placement of a dead anchor is not possible on the final pole. 8. Where slight differences of pulling tension are required between pole spans, suspension clamps shall be tightened after messenger is sagged in. 9. All suspension clamps shall be tightened upon completion of installation of cable. All suspension clamps on either side of all road crossings must be tightened before strand crews leave a run. 10. Use ATC approved strand brake (pole mount) at all road crossings. 11. All strand splices shall be of the two or three piece preformed variety and shall be placed no more than 18 inches from the edge of the three- bolt suspension clamp. No other device or material shall be used for splicing suspension unless authorized by the ATC construction supervisor in writing. 12. The "B" roller is the approved method of grounding and shall be used at all times when pulling strand. I. Moulding and Guarding 1. Wood or plastic moulding shall be installed over the bottom 8 feet of a vertical ground in all locations where accessible to the public. 2. Eight feet of steel, rigid PVC or "U" guard moulding shall be installed over all underground cables making a vertical rise to overhead plant. 17 i 3. Plastic tree guards shall be placed in all locations where coaxial cables will be incontact with a foreign body which will apply pressure, shock or rubbing action to damage coaxial cables over a period of time. Tree guards shall be secured to prevent movement after installation. The method of installation must be approved in writing prior to implementation. 4. Wood or metal moulding shall be banded around any messenger that is in tight contact with tree limbs or trunk. This will prevent the tree from growing around the messenger. J. Bonding and Grounding 1. Support messenger shall be bonded to a vertical ground at the first, last, and every tenth pole, except in areas of frequent and high intensity electrical storms, where every first, last and fifth pole shall be bonded (plus or minus one pole). If a vertical ground is not present, one shall be installed. 2. Power supplies shall be bonded to a vertical ground. 3. All guy and span guy messengers should be bonded to the support messenger. 4. All CATV support messengers and guy wires attached to the same pole shall be bonded together. Tails from bonding wires must point toward the pole. 5. Support messengers shall be bonded to existing vertical grounds when possible. 6. The CATV messenger shall be bonded to the telephone company, when required, in a manner suitable to the telephone company (not to exceed approximately every fifth pole (unless required by other codes). 7. Materials to be used for bonding and grounding are: a. Number 6 AWG solid soft drawn bare copper wire. b. Copper or copper clad staples. c. Plastic or wood moulding used at the bottom 8 feet of the pole. d. Ground rods 5/8 inch by 8 foot copper clad steel. e. Ground rod clamps - bronze, using a non-galvanic locking bolt. f. All bonding clamps shall be of nongalvanic materials, or have special bi-metal spacers used in connectors to prevent corrosion when bonding two dissimilar metals. 9. The top of the ground rod shall be not less than 4 inches below the surface of the earth. 10. The Ground rod clamps shall be treated with an oxide inhibiting compound before being buried. 11. All bonding clamps and equipment bonding shall be treated with an oxide inhibiting compound. K. Protection from Moisture, Corrosion, and Galvanic Action 1. Moisture, galvanic action and corrosion are sometimes serious problems and must be considered. The materials and method of application must be approved by ATC, if not specifically outlined by ATC. Any use of nonapproved materials shall be cause to replace, at the discretion of the on- site ATC supervisor, any materials he questions as being suitable for the specific applications. 18 2. Areas of concern for these preventative measures are: a. Moisture in cable connectors, passive devices, and electronic equipment. b. Corrosion of all bonding points, center conductor of coaxial cables, cable connectors, passive devices, and electronic equipment. c. Galvanic action on all bnding and grounding locations, Joining of dissimilar metals, connector threads, cable lashing clamps, etc. d. All cable ends shall be waterproofed and capped from time of receipt of cable up through splicing. All cable ends of cable reels shall be waterproofed and capped at all times when not being used. 3. The contractor will repair/replace any equipment, cable, connector, device or material damaged through improper moisture protection at the request of the ATC supervisor and take immediate steps to prevent a further occurrence of such problems. SECTION 6 UNDERGROUND TIES There will be times when it will be necessary to make underground ties between pole lines. It will be the contractor's responsibility to install these ties. 1. ATC will acquire all street opening permits and easements. 2. All underground construction shall not be less than 18 inches deep or as locally required. 3. All road crossings shall meet National Electrical Safety Code minimum depth requirements as well as those specified by city or county offices. 4. All conduit used for road crossings shall be galvanized steel pipe or rigid PVC conduit, as required. 5. No water or air Jetting is permissible, unless otherwise specified. All conduit shall be ,jacked or bored. 6. Conduit shall extend three feet out from each edge of pavement unless otherwise specified. 7. Galvanized steel conduit or rigid PVC (as required) shall be used under all public driveways (minimum 1-1/2 inch diameter). 8. Plastic conduit shall be used under all private driveways. 9. All pedestals shall be of the lockable type and meet ATC specifications. Owner will furnish padlocks. 10. Jacketed coaxial cable with flooding compound shall be used for all underground. 11. Jacketed coaxial cable shall be run from the bottom of the riser pole to the level of aerial attachment. A minimum of 5 feet of cable tail will be left for splicing into aerial plant. IQ 12. Steel cable guard, rigid PVC or "U" guard moulding, shall be used on the first 8 feet of cable on each riser pole. 13. No direct buried splices are permitted underground. 14. All sod, shrubs, and flowers shall be put back in same condition or better as existed prior to digging. 15. All cables shall be tagged as to their identity. SECTION 7 UNDERGROUND CONSTRUCTION A. General 1. ATC will acquire all street opening and easement permits prior to contractors work in these areas. 2. All underground construction shall meet National Electrical safety code minimum depth requirements, as well as those specified by city or county codes. 3. All sod, shrubs, and flowers disturbed by underground construction shall be restored to a satisfactory condition for ATC, land owner or any other party responsible for the condition of the property. 4. Presurvey and advance planning generally are necessary before starting construction. All subsurface structures along the designed route should be carefully located, marked and or indicated on work plans. The cable route should be selected for the best trenching conditions and a minimum of obstructions. B. Buried Cable Locations 1. Easements are generally provided in subdivisions for use by public utilities in establishing their facilities for service. Easements are generally located in the back lots, streets or in alleys. 2. The preferable location is the utilities easement, if available. In burying the cable, care must be exercised to maintain a minimum of twelve (12) inches vertical and horizontal separation from power cables, or as specified by ATC. 3. The depth of placing buried cables shall generally be twenty-four (24) inches for trunk cables, and eighteen (18) inches for feeder cables. Where trunk lines and feeder cables are installed in the same trench, (18) to (24) inches of cover should be provided, depending on terrain and the amount of future activity expected in the area. 4. Figure (a) shows typical placement of buried cables in easements and street trenches and their relative positions in the trenches. C. Direct Buried Cable 1. All cable that is directly buried shall be jacketed (polyethylene) using a flooding compound between the jacket and shield. It must be handled with care and placed in a trench without damaging the jacket. In rock terrain, a four (4) inch layer of sand around the cable will protect the cable from damage by rocks or other sharp objects in the soil. 2. No cable splices of direct buried cable, between pedestals, will be permitted. 3. Plowing of feeder cable only, will be permitted. At no time will plowing of trunk cable be permitted. 20 • 4 D. Conduit 1. The use of steel pipe or rigid PVC as a protective cover for buried cable has several favorable features: a. It protects the cable from damage during construction. b. It eliminates the need for a sand cushion in hard or rocky soil. c. It makes posssible replacement of damaged cable in the original conduit. d. It prevents compaction and flattening of the cable under areas where traffic occurs. 2. Conduit shall be used for all road crossings, railroad crossings, private and public driveway crossings. Rigid PVC should be used on all driveway crossings. 3. Once the conduit is laid and covered, the cable can be inserted or pulled through the conduit with a pull wire. The technique of getting a pull wire through a conduit requires the use of special equipment or compressed air. 4. Conduit sweeps, 900, shall be installed at all riser and pedestal locations. Sweeps shall have a radius of not less than the minimum bending radius recommended by the cable manufacturer. All sweeps shall have their vertical end exposed and properly sealed until cable is pulled, then resealed to prevent water or debris from getting into conduit. E. Splicing of Coaxial Cables 1. The appropriate coring tool will be used in all splicing. 2. All connectors must use integral mandrel steel sleeves. 3. An ATC approved splice block shall be used for all cable to cable splices. These splice blocks must have the feature allowing for AC and RF testing without desruption of service. 5. Housing to housing adaptors and right angle fittings shall be used in all locations where possible. No reverse loops will be allowed. 6. All passive devices shall be mounted or supported by a bracket when interconnected to another device by an entry to entry connector. The brackets are manufacturer supplied. All equivalent substitutions must be approved by ATC in writing. 7. Splicers will use 75 ohm resistor/jumpers and an ohm meter in the following manner to insure no opens or shorts in the line: A 75 ohm resistor will be attached to one end of the cable section to be spliced by connecting one side to the center conductor and the other to the shield. Zero the ohm meter and measure the resistor being used and mark that reading on the meter face with a grease pencil or triangular piece of tape. The splicer can now continue to the next device and prepare the cable using the DST/SST, appropriate coring tool and clean the center conductor, then measure the center conductor to ground. The reading should be approximately the same as the reference measurement. The device is then installed and the output measurement taken and should read same. If the device installed is a line extender or trunk amplifier, a continuity jumper (no resistor) should be placed from center conductor to center conductor. A special 75 ohm jumper can be placed in a bridger amplifier to allow the splicer to work from the amplifier to the terminating tap. This jumper should have an alligator clip and lead soldered to one side of four 75 ohm resistors. The clip is connected to ground, and an individual lead and clip soldered to the other end of each 75 ohm resistor. These clips are for connection to the bridger port center conductors. J 8. One trunk splice per 180 degree of angle p8lled is the maximum allowed. 180-Tegrees pull shall mean two continuous 90 turns with a straight section of cable of undetermined length connecting the output of one 90 degree turn to the input of the second 90 degree turn. All other trunk splices must be approved by the ATC field representative in writing prior to installation. 9. No cable to cable splice will be allowed closer than 300 feet to any active or passive device or other splice. 10. All active and passive equipment will be situated in a manner that is accessible for service by a man working in a pedestal. 11. The center conductor and shield shall be clean of any remnants of dielectric foreign materials, or flooding compound, prior to installing cables in the device. This is accomplished by using a center conductor preparation tool such as the Cablematic CC-457 or lightly apply a torch flame for approximately three seconds until remaining dielectric left on center conductor starts to melt and liquify, taking care not to overheat center conductor. Wipe center conductor clean with a cloth, using a circular motion. The flooding compound shall be removed by an approved solvent. If the center conductor has any remaining residue, use a "Chore Girl" scouring pad or any suitable burnishing means (such as fine emery cloth, fine steel wool, etc.) to remove any remaining residue for good electrical contact. Do not remove copper cladding. 12. Connectors to amplifiers, multitaps and all other devices in both the trunk and feeder system shall be protected against moisture in a manner specifically approved by ATC. Approval of the method shall not relieve the contractor of full responsibility for proper application and workmanship of the materials in the manner specifically approved by ATC. a. All entry to entry connectors shall be covered with an ATC approved sealant. b. All 90 and 180 degree connectors shall be covered with aqua seal, electro seal or equivalent if a shrink boot cannot be applied. The center conductor seizing screw port cap accessibility shall not be hampered by either shrink boots, aqua seal, electro seal or other materials. c. Shrink tube shall extend over any housing lip designed to facilitate moisture proofing of a connector and at least three inches past the back edge of the connector and one inch overlapping the jacket of the cable. 13. A water gasket shall be installed in all amplifier, directional tap, power splitter, and power inserter lids and covers. Additionally, all amplifiers shall have an RFI-EMI conductive gasket, whether as part of the water gasket or as a separate gasket. 14. Metal terminators with the ground end of a 75 ohm resistor soldered to an F connector shall be installed on all tap ports. Port threads will br lubricated with OC-11 or equivalent prior to installing terminators. 15. All torques as specified by manufacturers shall be used in tightening down all amplifier lids, passive device covers, and connectors. The use of a torque wrench is required. 16. ATC shall present the contractor with a letter from each manufacturer specifying torque to be used on their respective equipment. 17. Repeated failure to comply with any part of these specifications shall be cause for immediate termination of the employee or employees responsible and continued disregard shall be cause to "shut down" the entire project until the problem(s) are corrected. The ATC field supervisor shall be responsible for this decision. 22 18. The contractor shall be responsible for the installation of all risers and their associate splice to the aerial plant unless otherwise stated. 19. The same type of cable used for underground construction shall be used for risers. The cable shall be run from the bottom of the riser pole to the level of aerial attachment. A minimum of five feet of cable "tail" shall be left for splicing into aerial plant. Cable tails shall be capped or sealed. 20. "U" guard molding, either steel or rigid PVC, shall be used on at least the first eight feet of cable on all riser poles. 21. Where more than one cable is buried, proper and adequate marking shall be on cables for proper identity. F. Pedestals 1. Only ATC approved pedestals shall be used. 2. All pedestals shall use a twenty-four (24) inch stake, minimum. 3. The lower lip of the pedestal shall be buried by two (2) inches. 4. The proper size of pedestal shall be used according to the device(s) it will enclose. 5. All pedestals shall be installed in a vertical position. 6. Pedestals will not be located where they inhibit access to any other utilities pedestal. 7. Vaults shall be mounted flush with adjacent area. 8. All amplifier and power supply locations will be grounded as well as every fifth pedestal thereafter using 5/8" x 8' ground rod and #6 copper. It shall be connected to a clean unpainted surface of the device; not the pedestal! SECTION 8 OPERATING MAPS, MANUALS, AND RECORDS A. System Maps A complete set of system maps, as-built and accepted, shall be provided as part of completion of each area. Maps shall show: 1. Any changes that have been made which were not specified on the original strand or electical prints. (Any changes made must be approved in writing by ATC Engineering prior to construction). 2. Locations of all splices. 3. Locations of all ATC vertical grounds. 4. All locations where ATC has an anchor or down guy. 5. Detailed as-builts of underground ties, showing exact route and depth of cable. r B. System Activation Records A compl.ete set of system measurements and equipment serial numbers shall be provided as part of completion of the each area. Records shall include the following: 1. Date, time of day, approximate temperature and type and serial number of test equipment used. 2. Input and output signal levels at all amplifiers, bridgers and line extender locations as read at the highest channel of design, gain control pilot, slope control pilot and channel 2 (55.25 MHz). 3. Signal level readings at all distribution line terminations, taken off last directional tap port, made at the highest channel of design and channel 2 (55.25 MHz). 4. RMS voltage measurement at all power supplies, amplifiers, bridgers and line extenders. 5. DC measurements of unregulated test point at all amplifier locations. 6. Serial numbers of all equipment and modules by locations. 7. Radiation measurements at locations selected by owner (three per phase). Note: These measurements will be used in the 60-day and 11-month tests for comparison. 8. RFI ingress measurements by location as per the test method agreed upon. One measurement for each trunk line between amplifiers, and one for each bridger distribution output. Note: These measurements will be used in the 60-day and 11-month tests for comparison. 9. Total accumulative measurement of RFI in each area. Note: These measurements or checks will be used in the 60-day and 11-month tests for comparison. 10. Total reflection and echo delay measurements at end of each area turned on. Visual checks of TV pictures will determine whether or not a measurement is warranted. Note: These measurements or checks will be used in the 60-day and 11-month tests for comparison. 11. Proof measurements for each phase turned on in both the forward and reverse direction consisting of: (a) Cross modulation level. (b) Carrier to noise ratio. (c) Second order distortion. (d) Worst case harmonic distortions. (e) Hum modulation. (f) Sweep response across the forward frequency spectrum. 24 12. System proof of performance measurements shall be turned over to ATC upon acceptance of each phase. 13. Any deviations from ATC amplifier analysis shall be brought to the attention of the ATC construction supervisor. This includes pads or equalizers. 10 Ft. Easement TV Buried Service Cables Telephone Co. Buried Service Wires Buried Power Secondary Cables TV Buried Cable Telephone Co. Buried Power Buried CablePrimary Cables 4 Inch Layer of Sand. May Be Omitted When Cable in Plastic Conduit. NOTE: TV Cables and Telephone Co. Cables at Same Depth. Provide 2" To 4" Vertical Seperation at Crossings. Figure (a) 25 t ' t0 it. toi.00wt 1 1 1 1 I 1" 1 1 _[• i I ![• to36I ; Tv Vrioi t.r►i.t C.Lw • 1 UAL Tob►M.w. Ci. awi.f f.wist Mires TV L"W C.N. T.tot/he,w. Co. 1 I M:.1 Power bw:d Csm. L%9 aati hiomory Cale, A kAU toyer o1 Sowed. " H Oiwirt.tt when Co►T. M MOTE Tv come, wi Tot.►te,wr co. to r v.rtisd sotrst:oe of Cw..iw - 25 SECTION 9 CONTRACTOR DECORUM 1. No loud or abusive language shall be used in the field which can be heard by the public. 2. Linemen shall not climb fences where there is any possibility of damage to any homeowner's property. 3. Linemen shall not climb trees using climbing gaffs. 4. If a homeowner is available, permission shall be obtained before entering back yard easements. It is the contractor's responsibility to ensure that homeowners receive prior notification of the contractor's presence in the area. 5. Permission shall be obtained from an owner any time a cable or strand trailer is to be placed on his or her property. 6. All personnel shall immediately report all damages to the homeowner's property to the Cablevision office. 7. All scrap materials shall be picked up daily prior to leaving a job site. Items such as cable ends, lashing wire, limbs, empty cable reels, soft drink bottles, etc., will be properly disposed of. This is an OSHA requirement. 8. The construction supervisor or one of his personnel shall be available on a 24-hour a day basis in case of emergency. 9. ATC will provide ID cards to all of contractor's employees. These cards must be displayed at all times when performing any cable television work. The Contractor will be responsible for the cost of replacing these cards if lost or not returned. SECTION 10 ACCEPTANCE OF PLANT AND WARRANTY PERIOD A. Initial Acceptance of Plant Each area of construction that is completed by contractor and ready for ATC acceptance shall meet the following criteria under final testing: 1. The plant must meet all physical specifications as indicated in Sections 3, 4, 5 and 6. 2. All operating maps, manuals, and records must be turned over to ATC as specified in Section 7. 3. Input signal levels of amplifiers given to ATC will be compared to the theoretical design of system prints. Should any significant discrepancies exist they shall be checked out to determine proper remedy. 4. Output signal levels of termination tap readings given to ATC will be compared to the theoretical design of system prints. Should any significat discrepancies exist they shall be checked out to determine proper remedy. 5. RMS and OC voltage measurements given to owner will be compared to the theoretical design of system. Should any significant discrepancies exist they shall be checked out to determine proper remedy. 6. Ghost or echo tests will be conducted to insure all equipment return losses are good and cable is not defective. 7. EMI-RFI and Radiation tests will be conducted to insure a secure electrical system. B. Sixty-Day Tests 1. After 60 days from acceptance of a given area, RFI-EMI, radiation, moisture, corrosion and galvanic action inspections will be make. 2. The initial acceptance records shall be used as a reference in this inspection. 3. EMI-RFI and radiation tests will be conducted to insure a secure electrical system. 4. The RFI-EMI levels shall not be more than 2 dB greater in amplitude than the initial acceptance records. 5. If any of the sampled locations fail to meet requirements, contractor shall check out entire span of trunk or feeder cable to determine cause and correct at not cost to owner. 6. This process of inspection and correction will continue until a sample of one location per mile of trunk and/or feeder can be accepted as representative of the entire system. 7. All trunk lines or feeder lines that did not meet specifications and had to be reworked shall have new warranty periods as per General Warranties and Obligations Section. 8. Sixty-day test will be made by ATC. C. Eleven-Month Inspection 1. After 11 months from initial acceptance of a given area, another inspection will be made to insure that correct materials and moisture corrosion and galvanic preventative methods used agree with the specifications set forth in this entire set of ocntstruction guidelines. 2. EMI-RFI and Radiations tests will be conducted to insure a secure electrical system. 3. If any of the sampled locations fail to meet requirements, contractor shall check out entire span of trunk or feeder cable to determine cause and correct at no expense to the owner. 4. This process of inspection and correction will continue unitl a sample of one location per mile of trunk and/or feeder cable can be accepted as representative of the entire system. 5. A new warranty period, as per General Warranties and Obligations Section, will commence on all trunk and feeder lines that did not meet the above requirements. 6. Eleven-month inspections will be made by ATC. 27 &AND AND SPAC"z; ;`"� / •:,ems. �� o a tA) �J (II III 1 t; u � LASHING WIR: CLA" i i J � J� 3/t3 lot .t ceps S3im Inn" IU I"Km I stn Iv dm11S 33y1d� I 1 CN/S r� ra ��'" r. •� ... ....... .� �///iii f �� � \ � I • �,r- ice.. r "ter err�r� �- � �w�.,� i+ ��� ♦Y/i • OM sawn an UK~ wouwna� Y31Lli� �ldLL'YWiI N NMN •some NM ONVAM 4wN m rM� Now o �boom 04%�04%Irk A r•��/I M N/w'I Motof \ I I 0~0 A gym \1 I/urr Saw e ~ rr 1N i 44mr" wd SAWN$Iw • 1 a as am w aw #as tr � U'Wc Xwuu oiv .: 1 *sum • �w� •... ....r� sow ti..mm dU Ivaq If ei—�}�bZ �bv .9S r V AN _ OO ! s- It1MYHAlY10 II1P NMI Do Nut mount on pry l"Ca S/6l atAL TAP 5/Rl •,� ..�.. ..... .�.... t////1/ /a `� iY ...-. ,........."".."S,�`, ... ...n��. ��=-- ... l .� w \j ,��\ �� INSTITUTIONAL SPLIT FEEDER SPLIT ladva" sow 1 `-----s waa M 1 Ars TRUNK SPLITrj ' 1 a•. I.w. .■w a.. .rK.. ' ` Y fM11Ilt mw`.w JIM�.001111110 fir. aw MAIL. FIM► rYrfaf �ANaa. N was w a-mf wLnn.E SnXr EII 0 0 CONFICpJRATIOII `own"um swarf sle; ars mma of— ;bZ0 wbb O .9S 1 18*MAIWM TAP NMI Do Ibt Ibont on Preform ars ZVI a-log cels ars tvno P,W,07,d YO 4107 to/s �atat�a� tvoa Fmmi —«Zb �b 11 EVA F-09-1 s 1-= ------------ ------ As 1 6• Fv r Sonfi 1111 TIMI: FWVI Ml cu/s ., i Iij1 =_____.- r-� �w� -K------C "��4 , -�� --� r 0 DO tp* Elf 1ENllE11 ""I OC w sa-i� Elf rffl rn ------ ,,,e —Q— _ r [tl/S I 'Il�IN11111� WOIMQNI3 MIND lummil11i NONA 31MIISMN IN34311.1 Ill ONIMNIO 3111 30vi Ialmra• Sw3 Imw '3I/NI 1 US In 331115 ilu►tl/S I 1 r � � �� � L " 1 � 11�•1111 W4 IA L.Ad � -� � � • Ililllllll - 0 a �_ I EXHIBIT B TESTING PROCEDURES A. Contractor agrees fully to activate and rough balance outside plant according to the following description: 1. Insertion of all active amplifier modules into the previously placed housings. 2. Activation of all 60-volt power supplies to include placement of batteries. 3. Measurements of AC and DC voltages at each amplifier location and setting of power taps to achieve regulated DC voltages within the prescribed limits set by the amplifier manufacturer. 6. Rough balancing of all amplifiers to within plus or minus 2db of the system design specifications utilising a suitably calibrated field strength meter and checking high and low pilot carriers. This includes set up of all AGC's. S. Reading of all feeder terminations to insure signal levels within -2db/+4do of extrapolated design values. 6. Repair of any defects in material or worxmanship to allow the previously mentioned tolerances to be not. 7. Provide maps showing actual termination readings. Provide sheets showing actual amplifier imput Rp levels and AC levels at each amplifier location. provide documentation to show any deviations from amplifier level analysis sheets. 1. In accordance with the contractor requirements, Owner agrees fully to accomplish the following toward achieving those goals. 1. Test and approve, or reject, all -cable before it is buried. 2. Test and align all amplifier modules and tag said modules for placement in specific existing housings. 3. Calibrate as necessary contractor's field strength meter to assure it meets required accuracy. 4. Insure that Go-volt power supplies are connected to 120-VAC power before activation begins. S. Assure that one member of contractor's crew is trained In the proper operation of the amplifiers, field strength ■eters and volt-ohm asters. 6. Supply contractor with sufficient spare amplifier modules to insure that contractor can accomplish his wort in a timely manner. 7. ?eat the system for radiation in a timely manner after completion of activation and report to contractor any areas where the system does not meet PCC regulation 76.605 and 76.610, in order that the contractor me repair said defects before the installation of aroos TO subscriber's hoses. Page 1 r s EXEISIT B Testing Procedures 6. At owner's discretion, assist the contractor in the repair of any difficult and/or unusual problems which would be deemed to be outside of the contractor 's technical ability to solve. 9. Be available to test the system in a timely manner at the contractor 's request to accept or reject contractor 's compliance with previously mentioned requirements. 10. Provide the contractor with acceptance letter upon completion of all requirements (per phase). 11. Provide the contractor with amplifier level analysis sheets for use in aligning amplifiers and determining if problems exist. Page 2 EYH?E:T C tTC shall provide the following materiels : ATC shall furnish all rr.aterials , ercert restora:ior traterials, i .e. , see'_, sod, fill , etc . . unless other-ise indicated on t�ls extitit. ?. Contractor stall provide the following materials: All restoration materials and materials required in unique, per-case situations. v s EXHIBIT 0 Tr.E 1%:rL tc Cor.-Ence upor receipt of "Notice to Proceed." Tt.e Bork to Consist of: 1. ) labor and material to provide Concrete Pads. i. ) Installation of power supply pedestal . 3. ) If required. installation of pedestal , pad. under- ground wiring and call for inspection. Pad to be provided by VC. 4 . ) Provide trench and backfill for power wiring to underground power supplies located more than ten feet from power source. EXHIBIT E (Tt.is fora may be varied as required, or the information may be incorporated it a letter or other format. ) Date : To. RE: Cable Television Construction Agreement Dated : for (system name) (the 'Contract") 1. This Notice to Proceed applies to Phase f as defined by Exhibit attached to the Contract �e as Mork"). 2. ATC has substantially performed such effort as 1t has deemed reasonably necessary to allow contractor to proceed with the Authorized Mork, without undue interference occasioned by the continued operations of ATC. 3. A pre construction meeting relating to the Authorized work as required by the Contract has been: Check One: Held as on (date) Scheduled at on (date) Mavied (Initials required) 4. Contractor shall proceed with construction of the Authorized Mork in accordance with the Contract and the exhibits thereto, starting not tater than (date). S. This notice shall be effective on the date of receipt, and any objection thereto shall be deemed waived if not made in writing on or before the date set forth herein for the start of construction. American Television and Communications Corporation (Title) coh-rm.-ThR: PROJECT: DATE: EXHIBIT T Underground Price Schedule 1. Priee w:il include trencring. plo►in:, or hand trenching in soil at a depth specified by ATC (18" to 30"), bacKfill, compaction and restoration to..property owner's satisfaction. /ft. 2. Trenching in rock large sass of stone at a depth specified by ATC (18" to 301), Daekfill, and restoration to property owner's satisfaction. /ft. Rock work most be approved by ATC in writing. 3. Supply and placement of (1) - 4" conduit with sweeps and associated hardware, in trench as per specifications. /ft. 4. Supply and placement of each conduit in excess of 3 in trench. /ft. 5. pulling of 1 to 5 cables thru conduit. /ft. 6. Pulling of each cable in excess of 5. /ft. 7. Placement of pedestals with stakes. /ea. a. placement of users with sweeps and tiger /ea. guard, as specified. 9. grounding every amplifier and/or every 1,500 feet, with S/8" x 8' tod. /as. 10. splicing (with shrink coots and hose clamps) trunk amplifiers, splitters, couplers, power inserters, taps, and straight splices. All connectors shall ee as per specifications. /Trench ft. 11. splicing of taps. /ea. Page 1 r � 12. Boring or pushing up to 40' including eupply and placement of condzit up to 4", type and nurr.oer as specified ay /Trench ft. A7C. 13. BO-2n; or pisnin; ove: 43' including supply and placement of conduit up to 4' , type and numoer as specified by /Trench. ft. A... 14. B=an; or p.rshin; over 401 includin; supply and placement of galvanized steel, /ft. up to 4". 15. Cutting and replacement of sod. /ft. 16. Cutting of asphalt shall be a minimus. depth established by local City, State, or County specifications; minimum width of 4 1/20, removal of all trench aggregate materials, supply and placement of approved backfill, compaction, and supply and placement of recap. /ft. 17. Cutting of concrete shall include all of the requirements in Item 115 above, except the cutting and restoration shall be concrete instead of asphalt. /ft. 18. Core drill - must be accompanied by /ft. a signed Work Order, and includes all material as specified. 19. Case more includes labor and 6• /ft. easing material as specified. 10' /ft. 12• /ft. 20. Set expanding anchors. /ea. 21. Set screw anchors. /ea. 22. suet rock anchors. 23. Install riser guard, as per /ea. specifications. Page 2 a . 24. Attach cat,le to existing structures, with necessary hardware, conduit, or moulding on bridges, buildings. /Linear ft. 2°. A^trvate ar.3 roug:. balance forward and reverse, as per specifications. /Trench ft. 26. Activate and rough balance both forward and reverse through final balance and sweep, if rego%red, for subscriber, as per specifications. /Trench ft. 27. Activate and rough balance both forward and reverse through final balance and sweep, as per specifications for institutional. /Trench ft. 28. Installation of power supplies. /each PRT CE SCMEDULE Personnel sourly (tate General Foreman Foreman Laborer splicer Technician equipment Operator Oust plus work is to be done only upon autborisation of the Project Manager and must be accompanied by a signed wore order. Page 3 Fr c,Dec t: Contra:for: EXHIBIT F Price schedule AERIAL - SINGLE CABLE i. Labor to install 1/4" or 5/16' EIiS strand, aE required ir. specs, pole line hardware and copper bonds (up to /axle). /ft. 2. Labor to lash, 1/2" and or 3/4" single cables, and institutional if applicable, (up to cables) to strand. /ft 3. Labor to lash single 1/2" feeder to strand. /ft 1. Labor to lash each additional cable in addition to item /2. /ft. S. a. Laoor to overlash cables. /ft. b. Labor to double lash cables /ft. 6. a. Labor to splice single cables, using integral mandrel pin connectors on all trunk and active devices. All connectors shall have shrink tubing. /ft. D. Labor to splice institutional truck cable, if applicable. /ft. 7. a. Labor to install one directional tap per po=e, using integral mandrel feed through connectors with shrink tubing, or approved sealant. /ea. D. Same Item 16a except for two directional taps per pole. /ea. 8. a. Labor to activate dual cable system and rough balance all amplifiers at low and high pilots; also record all end-of-line levels for both pilots. /ft. b. Labor to activate institutional trunk cable. /ft. 9. Labor to install pole-mounted A/C power supply. /ea. 10. Labor to install downguy to: a. txisting anchor eye, or auxiliary eye. _fca. D. Auxiliary eye attachment. _lea. c. 19a with insulator. /ea. d. f9D with Insulator. @a. 11. Labor to install overhead guy. /ft. 12. Labor to install sidewalk guy. _/ea. 13. Labor to install guy guard. /ea. 14. Labor to install copper bond. _lea. IS. Labor to install complete verticle ground. _mea. 16. Labor to install extension arms: Mood _/ea. Metal /ea. Tioerglass /ea. 17. Labor to install tree guard. _/ca. Page 1 Mrtir: Project: Contractor: 18. Labor to trim trees (per span). 19. Labor to frame poles of: Concrete Metal �,ea. 20. Labor to install anchors: 6'x5'6'x3/4' screw anchor _ fee.• 99x5'69xl' screw anchor /aa,• 6'x6'x5/8• expd. anchor �_�ee.• 8'x61x5/8' expel. anchor ��ea.• 21. Labor to install anchor requiring breaking, blasting and/or replacement driveways. Aa. • Includes downguy, restoration and locating underground utilities. 22. Labor to install pole steps, per pole, as requested. /ea. pole 23. Activate and rough balance to plus or minus ado, forward and reserve, through final balance and sweep. 24. Labor to wreckout �,ft. Mreckout material to approved disposal site. electronics to be returned to ATC warehouse. I. List personnel on project by title, hourly rate and Overtime rate: II. List equipment which may be rented by ATC at an hourly rate: page 2 a 4 EYFIEIT G Weekly Production Report (This torris to be use: only ween ATC has agreee to prov.i.de progress payr.er.ts for satisfactory Construction work in progress . ) This Report documents work performed between 19and . 19inclusive. pursuant to the terms of a ab e e evision Const_ruction Agreement dated for construction of a system located at (the 'Agreement"). Execution of this report by the authorized representative of ATC constitutes an acknowledgment of the accuracy of the figures contained herein. It does not constitute an acceptance of work performed. and ATC specifically reserves all rights set forth in the agreement, including. without limitation, its rights to require compliance with all applicable technical specifications and performance requirements prior to acceptance of, and final payment for, work performed .by Contractor. American Television and Contractor: Communications Corporation By: By: Title: Title: Date: Date: WEEKLY PRODUCTION REPORT FORM AERIAL ITEMS WEEKLY TOTAL PREV. TOTAL'UNDERGROUND ITEMS IWEEKLY TOTAL PREV. TOTAL Strand HandTrench Strand 3/8" Machine Trench nch 6' Screw ow nc crew Bore nnquy Install St.Cut Asphalt xist Eye 5t.Cut Concrete Tu-x-. Eye Abn. Soil xist Eye Install Addtl. Conduit Guy Guard Addtl. Ground Pole-Pole Guy Ad t . Ta Overhead Guy Addt . Sp ice Sidewalk Guy Taps - 2Way Copper Bond laps - 4 way Vert.GndRod/Wire 1 DC-8 Other Bond OC-12 Tree Guard I 6C-16 ! ross Am I Splitter 2 Way Tx—t—.—Arm Wood I i Splitter 3 Way Ext. Arm Fbrqls I Pwr. Combiners Ext. Arm Metal I Trunk Am iTrunk Bridger Tree Trim San Line Extender Tree TrimStrdFt Riser Addtl. Act Sql. Feeder t . Ped Dual Feeder Tower upplies S 1. Other Fdr. i Dual Other Fdr. SQ1. 500 run i Dual run S 1. 750 Trunk Dual run i I =I"' runk I Dual 1" Trunk j oub a ash I veMa s Splice Trunk I Splice Feeder Taps 2 Way Taps 4Way Taps 8Way DC-8 I Splitter - 2Wa Splitter - 3Wa Power Combiners Tr-u—nF Amp runk Bridger Inter Bridger Line Extender Install Pwr. Sup. ,I 2-12-87 L EY .IfI? Y. W;`TiCE OF CO!9LFnm AN:) A=CEFTJ.IIE SYS"'". NA=: VEK»R: R TONAL U.G. K:....A:.E REGV; CO::FTR7CTION: CD`9LEaD CO1:_?RJ_TI0N: CDYVLETED ON SCHEDULE: YES NO IF NOT CD.—.:-!=D ON SCHED:^L-S, EXPLAIN WHY: A=PROM ATC CLEAN-VP CO`SPLE:EZ: APPROVED ATC WCrW.ICkL ACCEPTANCE: DATE: APPROVED: ATC CONSTRUCTION COGRDINAT:rn PROOF DATE: ELECTRONIC AC CEPT;J.:Z: SYSTEPI/AEGIONAL LN.:INEER TINAL ACCEPTANCE APPROVAL: DATE: t S' =XHID'?I AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION (OWNER) C II A N G E O R D E R TO: Cable Television Construction Agreement between OWNER and (CONTRACTOR) LOCATION: DATE OF AGREEMENT: DATE OF CHANGE ORDER: ALL TERMS AND CONDITIONS OF TIIE AGREEMENT $BALL REMAIN ONCRANGED, NXCEPT AS NOTED NIREINSELOW: IN WITUSS NNERLOP, the parties save executed multiple copies of We CZANGE ORDER this day of . 1! AMERICAN TELEVISION i COKMDNICATIONN CORPORATION (OWNER) by (NAME) (TITLE) by (NAME) (TITLE) �I P:T V Mr. Dear Ya. In accordance with paragraph (s) and of the contract between and American Television and Communications Corporation (ATC) dated , for the construction of miles of , cable television plant. You are hereby notified that the contract is terminated as of midnight, , 198_ The contract is being terminated for The specific reasons and documenation are listed in Lxhibit A along with ettaetments. AW has retained the sus of i , pursuant to paragraph (a) and of the contract. ATC will withhold all or a portion of this amount to cover any expenses incurred by ATC to finish or redo unsatisfactory work, which expenses are over and above the contract price. Upon completion of the project, ATC will release any excess funds to the contractor upon the receipt of lien waivers from contractor's suppliers or subcontractors. ATC has determined that there are contractor invoices outstanding in the sum of = , due to the contractor. This amount say be paid to the contractor upon acceptance by ATC of the work invoiced or upon satisfactory completion of the project at the contract price. In the event that ATC is required to pay more than the contract price to complete the project, ATC will retain an amount sufficient to cover ATC's damages. If there are sums still available after ATC's damages have been satisfied, ATC will remit that amount to the contractor. If you have any questions, please call me. Sincerely, American Television & Communications Corporation EXHIBIT K American Television and Coesinicatiors Cor;. (Owner) STOP WORY. ORDER TO: LOCATION WE Of CORTRA'.T: DATE OF STOP WORK.OROER: Yo:, are hereby ordered tc perform no further work pursuant to the above references Cable Television Construction Agreement until further notice. This Stop Fork Order is being issued for the following reasons: American Television and Coemunications Corporation (Owner) by: Project hanaper � • R EXHIBIT L Contractor will be responsible for the waste of all cable hardware and electronics. Cable waste will be computed as follows: Example As-built total 100,000 ft. St Allowance for waste 5,000 ft. Total 105,000 ft. Total cable issued 120,000 ft. Cable returned for credit (8,000 ft.) (All partials will be returned for credit) Total 112.000 ft. 112,000 ( 105,000) 7,000 ft. of cable not returned to ATC. - Contractor will be responsible for paying ATC's cost per foot for cable waste. - 51 waste factor includes all tails and cable sag. - All electronics and hardware issued and not appearing on the as-builts will be returned to ATC. All electronics and hardware issued and not returned to ATC will be assessed full sarket value and deducted fro■ retainage. - Contractor will be issued a written credit for all returned reels. Credit will be deducted from total cable issued. � ww II NCTA RECOMMENDED PRACTICES FOR MEASUREMENTS ON CABLE TELEVISION SYSTEMS First Edition Michael Jeffers Wendell H. Bailey Editor Contributing Editor, Publisher Katherine Rutkowski William W. Riker Consulting Editor, Contributing Editor Art Coordinator ISBN 0-940272-09-1 Copyright C 1983 by NCTA, Science&Technology Dept. 1724 Massachusetts Ave., NW Washington, D.C. 20036 202/775-3550 All rights reserved