Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Time Warner Cable Franchise Information 2 of 2
+16072775404 TIME WARNER CABLE 584 P05 JUN 26 100 16:27 T I M I W A 1! N i K C A B L E August 22, 1995 Ms. Anne V. Dalton Consumer Service Unit New York State Commission on Cable Television 5 Empire State Plaza Albany,NY 12223-1552 Re- Cable Plus Service Tier Dear Ms. Dalton: This letter is to serve as notice that Time Warner Cable has processed credits for Cable Plus in the amounts of; $9081.68 for Cycle A customers, whereby each qualifying customer has received $2.44 and $17,192.14 for Cycle B customers, whereby each qualifying customer has received$3.31. This represents a total of 8916 qualifying customers receiving a total of$26,273.82 in credits. Enclosed are two examples, one from each cycle. If you need further documentation, or additional information, please do not hesitate in contacting me. Sin e1y, Doc McQuade Business Manager cc: The Honorable Benjamin Nichols, Mayor, City of Ithaca Jean Finley, Chairperson, Ithaca City Cable Commission John L. Grow, Counsel, CCTV Steven A. Shaye, Director Municipal Assistance, CCTV 272-3456 519 West State Street Ithaca, New York 14850 1-800.676-222$ +16072775404 TIME WARNER CABLE 984 P06 JUN 26 '00 16:28 ( 14627- 1) D FULXAGAR 161 RIDGECREST RD 14850 Customer Info Ledger Customer Data c/nail 07/31 PLUS 2.7 tl/frst DOUGLAS class 07/31 BASIC 12.9 int/1st D FULLAGAR c/type R 07/31 TIER 9.3 home ( )272-3571 type c/info 07/31 CONY FEE 0.9 otter ( ) bil adr 07/31 ESPN 2 1.0 social sec - - els rsn 07/31 CARTOON 1.0 d/1 campgn 07/31 FRANFE 0.5+ inst 07/30/78 otl 2 Bill Info 07/31 DUE 28.51 rest 07/30/78 tv chr to 09/30/95 06/28 AW-X -2.41 Financials bit to 09/30/95 07/31 PAYMNT -28.5( deposit b-mode 1 08/31 REG FEE 0.0A rate 28.42 b-form S 08/31 PLUS 2.71 balance 26.06 cycle A/31 08/31 BASIC 12.91 currnt 26.06 discount 08/31. TIER 9.33 30 day reminder A 08/31 CONV FEE 0.93 60 day ACTV 08/31 ESPN 2 2.00 90 day 08/31 CARTOON 1..00 120 dy 08/31 FRANFE 0.56 wrtoff 08/31 DUE 26.06 Customer comment Bal --•-> 26 .06 Use Arrow Keys to Scroll - ( 12548- 1) R GOOK 115 L YORK ST 14850 Customer Info Ledger Customer Data c/maid. 07/15 FRANFE 2.97 tl/fret ROBERT class 07/15 MUSIC 6.95 int/Ist R COOK c/type R 07/15 DUE 62.04 home ( )273-0554 type c/info 07/12 PAYMNT --62.04 othr ( -- bil adr 06/28 ADJ-X -3.31 social sec - _ sls rsn 08/15 PEG FEE 1.26 d/1 c08/15 VALUE PK 18.95 inst 07/30/78 otl 4 Bill Into 08/15 REG FEE 0.04 rest 07/30/78 tv chr to 09/15/95 08/15 PLUS 2.73 Financials bil to 09/15/95 08/15 BASIC 13.00 deposit b•-mode 1 08/15 TIER 9.33 rate 62.00 b-forma s 08/15 CONY FEE 1.86 balance cycle B/15 08/15 DLX AO 2.95 currnt discount 08/15 ESPN 2 1.00 30 day reminder B 08/15 HOME/GAR 1.00 60 day ACTV 08/15 FRANFE 2.97 90 day 08/15 MU3IC 61.95 120 dy 08/15 DUE 58.73 wrtoff 08/14 PAYMNT -58.73 customer comment Bal ---> 0 .00 Use Arrow Keys to Scroll. CITY OF ITHACA ..¢� 108 East Green Street Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Por� O H. MATTHYS VAN CORT. DIRECTOR OF PLAiNNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT Telephone: Planning& Development-60',/274-6550 Community DevelopmentAURA- 60-2'4-6559 Fax: 607.27-+-6558 June 19, 2000 Mr. Thomas P. Doheny General Manager Time Warner Cable 519 West State Street Ithaca,NY 14850 Dear Mr. Doheny: Enclosed are additional questions for Time Warner regarding the proposed transfer of the cable television franchise. These questions concern the response the Company may have regarding previous issues raised by the City in a previous transfer of ownership request. Your response to these questions would be appreciated. Sincerely, " �p H. Matthys Van Cort Director of Planning & Development Copy: Alan J. Cohen, Mayor Don Williams, Rice Williams Associates Enclosure FILE UIPY q:\planning\stafflthys\letters\2000\cable questions.doc "An Equal Opportunity Employer with a commitment to workforce diversification." �� { f, 'L � :w .,eph G ... __�� THE ITHACA AREA CABLE CONSORTIUM, NY QUESTIONS TO TIME WARNER CABLE June 16, 2000 On October 25, 1994 three resolutions were unanimously passed by the Ithaca City Cable Commission. In addition, in 1995 the City of Ithaca denied a request for transfer of the cable television franchise. During these past several years, the City has had no response from the franchisee regarding any of the above resolutions. 1. Please indicate if Time Warner Cable has ever refunded the $1.74 per month, pro- rated for partial months, to all customers charged for service prior to September 12, 1994 regarding the new Cable Plus service. 2. The Assistant Deputy Director of the New York State Cable Commission of Cable Television at a public hearing held in Ithaca on July 13th, 1994, advised Time Warner Cable's General Manager that the "PEG access franchise fee cannot legally be charged as a franchise fee." What action has Time Warner Cable taken on this issue,? Please indicate what resolution to this issue Time Warner Cable plans on pursuing. 3. Please indicate for the years 1995 through 1999 that the pool of capital funds for PEG access equipment has been at least 2% of gross City revenues derived from the operation of the cable system. The City looks forward to your responses on these three questions so that the City may take action upon the latest request for transfer. FILE COPY \\cityhallserver\vol2\planning\stafflthys\letters\2000\cable questions.doc t t RICE, WILLIAMS ASSOCIATES MEMORANDUM JUL 1 120'j-10 DATE: July 5, 2000 TO: Ms. Patricia Dunn Assistant City Attorney JUL j 9 FROM: Mr. Don C. Will - RE: Time Warner's Response to Transfer Questions We are in receipt of the answers to questions by Time Warner which had been previously submitted by the City of Ithaca. There are three issues, each of which is dealt with below. 1. Refund Issue. Time Warner provided copies of 1995 correspondence with the City and the New York State Commission on Cable Television, and two examples of customer billing records. It appears as though these demonstrate that refunds were indeed made. The refunds were made approximately one year after the improper calculations taking place. There is no interest component that appears to have been factored into the refunds. This may or may not have been a requirement of the resolutions or otherwise a requirement of the New York State Commission. 2. PEG Access Fee. Time Warner's response suggests the issue is addressed to the satisfaction of regulatory authorities at the time by a semantic change in the description of the cost component. It is the case that PEG access fees are permitted by FCC regulations to be included in the base rates on a pass through basis. Some companies choose to show this cost component as a line item on a customers bill. However,Worksheet 7,"External Costs,"ofthe FCC Form 1240 is where these costs typically are included with additional work papers showing a derivation of the amount shown on the Worksheet. Actually,these costs are grouped under the title "Franchise Related Costs,"and shown on Line 701 and Line 717. But due to the way the costs are handled by FCC Form 1240, no mark-up or inflation of these costs occurs when determining the rates for basic cable service. While Time Warner's answer demonstrates that the rates customers are paying are below the rates provided for in the Franchise contract with the City, Time Warner does not indicate how the rates actually charged compare with the Maximum Permitted Rate determined by the FCC's Form 1240 or previously, Form 1200, 1210, etc. 2121 K Street,NW 209 Elden Street Suite 800 Suite 200 Washington,DC 20037 Herndon,VA 20170 Phone:(202)737-2400 Phone:(703)467-9833 MEMORANDUM Ms. Patricia Dunn July 5, 2000 Page 2 3. PEG Capital Pool Funding. Time Warner's explanation appears reasonable from a budgeting standpoint, but it is not clear why the capital pool funding on an actual basis has consistently been allowed to remain under the required 2% level. Assuming accrual accounting,we would presume that Time Warner books could and should reflect the correct amounts required by the Franchise contract,and that those details have not been presented. In 1999,apparently for the year 2000 budget,Time Warner indicates that it has allocated money for the reconciliation for previous years. However, using the numbers provided by Time Warner, it appears as though the cumulative actual expenditures for the period from 1995 to 1996 of$319, 732 are some$27,750 less than the cumulative "2%obligation amount of$347,482." Thus, when Time Warner says that they will budget an additional$13,000 this year to make up for reconciliations,that appears to be too little to bring the PEG capital pool up to the correct level. CITY OF ITHACA C+~ fart 108 East Green Street Ithaca, New York 14850-5690 1 Po �p�........,,,%`� DEPARTMENT OF PLANNING AND DEVELOPMENT ARA?EO H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT Telephone: Planning&Development-607/274-6550 Community Development/IURA-607/274-6559 Fax: 607/274-6558 TO: Cable Consortium Negotiating Committee Alan J. Cohen, Mayor Judy Boggess Ben Curtis Patricia Dunn, City of Ithaca Assistant Attorney Jennifer Kusznir, City of Ithaca Staff Mike Lane, Tompkins County Board of Representatives Ray Schlather Cathy Valentino, Town of Ithaca H. Matthys Van Cort, Director of Planning & Development Patricia Vaughan, Common Council Member FROM: Rosemarie Tucker Acting Administrative Secretary SUBJECT: Draft Cable Communications Ordinance DATE: September 11, 2000 Jean Rice of Rice, Williams Associates, requested that members of the Cable Consortium Negotiating team review the enclosed draft Cable Communications Ordinance, which is based on the current City of Ithaca ordinance. For further information, please refer to her letter, dated September 8, 2000, addressed to H. Matthys Van Cort. Enclosures: Letter from Jean Rice Cable Communications Ordinance (Draft), dated September 8, 2000 Customer Service and Consumer Protection Standards Copy: Jean Rice \\cityhallserver\vol2\planning\staff\jennifer\cable\cable comm ordinance draft.doc An Equal Opportunity Employer with a commitment to workforce diversification." c RICE, WILLIAMS ASSOCIATES September 8, 2000Fi U r ago Mr. H. Matthys Van Cort DEPARTMENT Of Director of Planning& Development PLANNING& EVEL PPMER City of Ithaca 108 East Green Street Ithaca,NY 14850 Dear Thys: Enclosed for review by the Negotiating Committee is the draft Cable Communications Ordinance which is based upon the current City of Ithaca Ordinance. Additions and changes to the existing Ordinance are redlined. These changes reflect components of the Intermunicipal Cable Television Model Franchise and changes or advances in law or regulation. Also included is a copy of the NY State customer service rules, a few of which (e.g. rebates, installation), are repeated in this document for easy on-going reference. Right-of-way management will be handled through a Telecommunications Ordinance that will place the same requirements on cable and telecommunications systems. Committee members can fax or call me with changes.After I have incorporated the Committee's comments and after our September Negotiating Committee meeting, the draft will be sent to Time Warner for comments. Consortium members could choose to use this Ordinance with amendments appropriate to the municipality (e.g. reporting requirements, line extension), or if the level of regulation is higher than a municipality is prepared to implement, sections specific to cable t.v. that they want to regulate (e.g. consumer protection standards)could be added to the Telecommunications Ordinance. I look forward to meeting with the Negotiating Committee later this month. Sincerely, Jean Rice Partner JR/jms Enclosure 2121 K Street,NW 209 Elden Street Suite 800 Suite 200 Washington,DC 20037 Herndon,VA 20170 Phone:(202)737-2400 Phone:(703)467-9833 i S - CUSTOMER SERVICE AND COQ PROTEMON STANDARDS 59oA Applicabiility. Every cable television company shall comply with the customer service standards set forth in this Part. Additional standards not inconsistent with federal or state law may be established by municipal franchising authorities 1-sts,riesl Note Sac filed Jan 18.1474;and.Sled October 1b.1979 eS Oct 16.1979. Numcil nous to be amended and cited in WYCRR Jwc 95. 59UI Definitions. (a) Basic subsrnber channel shall mean any channel which is provided as part of the basic monthly service rata (b) Billing dispute shall mean a disagreement between a subscriber and cable television company c�narning: (1) audits for payments made by the subscriber to the cable television company, (2) credit or refund for service outage; (3) errors in Milling amount;or (4) assessment of late charges (c) Home wiring shall mean the mtetaal wiring contained within premises of a subscriber which does not include any active elements such as amplificm converters or decoder bm=or remote control units. (d) Cable Television system shall leave the meaning as defined in Section 5961(c) of this subtitle. (e) Collection charge shall mean a fee or charge imposed upon a subscriber by a cable television company for its efforts at collecting or attempting to collect a past due account by personal visit at a subsamber's home or place of business (f) Commission shall mean the New York State Commission on Cable Television. (g) Downgrade charge shall mean a charge imposed upon a subscriber for Implementing a request by the subscttber for a change in service to a less eVensive tier than the tier currently subscribed to (h) Late charge shall meas a charge which is added to a cable television subscriber's account or Mill for nonpayment of a previotisiy due accounL (i) Local office shall mean the business office of the cable television company saving the municipality in which a billing dispute arises G) Normal business hours shall mean those hours during which most siml'lar businesses in the community are open to serve customers. In all cases, 'normal business hours' must mchrde some eveaang bouts at least one night per week and/or some weekend hours. (k) Normal operating conditioner shall mean those service c tidmotts which are within the control of the cable company. Those conditions which are not within the control of the cable company include, mit are not limited to, natural disasters, civil dimrbances,power outages,telephone network outages,and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable company mchude,bum art not Limited to,special promotions,pay-perview events,rate increases,regular peak or seasonal demand periods,and mamtenance or upgrade of the cable system. (1) Service call shall mean any work requiring the visit of a cable television representative to the point of service and any appointment regLm7ng the presence of the subscriber,including but not limited to,installations,repairs and additional outlets 21 (m) So-vim intwuption shall mean the loss of picture or sound of one or more cable channels. (n) Service outage shall mean a loss of picture or sound on all basic subscriber channels or on all channels provided on any other service tier or on one or more premium channels which is not cru d by the subscriber's television receiver or the sutramber. (o) Small cable television systems shall have the meaning as defined in Section 5961(e)of this Subtitle. >HistorI Note Sea Sled Jan 18.M.amd Med October 16 VM.amd filer!Doc 22.1989 eM Jan 12.1990,amended(aXe). added ft amd filed Apr.25.IM and An&31.1990.amd(hXsee MMA(f).later rem a.S90J4(f)}. Ifmoriml note m be amended and deed in 9NYCRR Jane 1995. 59M BMing practiceg Wing period. (a)(1)Every cable television company shall adopt bribing practices in compliance with sections 590.61 through 590.66 of this Pan and shall provide notice to subscribers in accordance with section 590.We)of this Part (2) Every cable television company(i)shall file copies of its billing practices and payment requirements with the commission; and (n")shall maintain copies thereof on file in its local office for public inspection for a period of two years (b) Billing practices may include the opportunity for advance bubing. (c) B1ZIatg practices shall provide that a subscriber,upon request,shall be glum the option of paying monthly. Use of coupon books for the remittance of monthly payments shall satisfy the monthly payment option request If such coupon books are used by the Company,no other bib for service are required to be sent out by the cable television company. Aistorieal Note Sem filed Jan 18.1979;am&filed October 16.1979 et£Oct 1C IM.and.Med Dec 22.NO dL Jan 12.1990; and.Sled Apr.25.29%and Arg 31.1990.amd(b)and(eXsee MMAM bw rcaam.590J4(f)). Kmors W am m be amended sad tined in 9NYCRR Jme 199 590.63 Bink format,We ewes,eollec&m eI ,r+eeonnect charms rad downgrade eluaryes. (a) Each subscriber brill shall be dear,Concise and understandable and duQ (1) (i)include the name,address and telephone number of the company and(n)the toll free suutixriber assistance telephone number of the commission identified as'Unresolved bupxies,NYS Commisswn an Cable Television' or otherwise as may be approved by the commission upon specific request by a cable company,which shall appear on the front side of the bill or be referenced on the front side of the bill by the words'Important subscriber information on reverse side;. (2) itemize each category of service including, but not limited to,basic service,cable programming services,per channel Pservices,and pay per view programming and each piece of equipment for which a charge is imposed; (3) state the billing period and clearly delineate all activity durmg the billing period,mchudmg but not limited to,the amount of current br'0ng and appropriate credit or rebates,optional charges,late charges and past due balances,if any. (b) Each subscriber bffi shall specify a minimum time for payment wheh dmIl not be less than fifteen (l.5)days from mauZmg of the bM (c) Any be charge permitted by law or by the huddle,if unposed neon the subscriber,shall be itemized on the ms's bill,or notice of delinquent payment in cam where coupon books are used. (d) If a late charge is to be imposed,it shall not be imposed sooner than forty-five(45)days after the mailing of the brill to the or the due date,if courpons are used 22 (e) No cable television company shall impose a collection charge upon any subscriber, except as prescribed m subdivision 590.66(e) of this Part. (f) No cable television company shall impose a charge for the reconnection of savice,the amount of which is based solely upon oamside ation of whether the subscriber was previously in arrears for an amount due said company. (g) A cable television company may impose a downgrade charge upon the conditions and in the circumstances as follows: (1) subscribers have been notified of such charge in writing in at least 10 point type; (2) the charge does not exceed the amount permitted tinder applicable federal law or regulation, (3) the downgrade was not requested by a subscriber affected by a significant programming change or a network change which included a redeft of service or a rate change within thirty (30) days of the receipt by the subscriber of(i) a notice required by Section 590.80 (b) (4) and (c) (4)of this Part or(H-)a notice of redering or a rate change as required by Section 59020(a)of this Part. EMstorieal Note Sea filed Jan 1&1979;ami filed Oesober 16.1919;ami filed Dec 22.IM eft:Jan 12.1990=&filed Apr.2S.IM and Aug-31,11990,amd(f)(sw 590.69A(fl,lame rm—990.74({)). ffsawi®1 now m be ammded and cored m 9NYCRR June 1995. 590.64 BiIIinB dis;=.es,amdliary equipment,credits,and refunds. (a) Every cable television company shall establish proceftw for prompt investigation of any billing dispute registered by a subscriber. The procedures shall provide for at least 30 days from the date of receipt of the bill for the subscriber to register a billing complaint. The procedures shall provide that the subscriber remit the undisputed portion of the brill in question pending resolution of the portion in dispute and that the subsatber shall be rile for paying the undisputed portion of can-ent and future brills. (b) Cable television service shall not be discotntaruied due solely to nonpayment of the portion in dispute during the period allowed herein for investigation of a billing dispute. (c) The cable television company shall notify the sutiscrticr,in writing,of the result of its investigation of the billing complain t whom 20 working days of the rep=non of the complaint. (d) If the complaint is not resolved within 30 days of the date it is registered with the company,complainant may refer the matter to the commission in accordance with the provisions of seetiou 590.70 of this Part. If referral is not made within 30 days,the company may commence is disootaaectilon procedures in aeeordaace wuh.seem 590.66 of this Part. (e) 7be cable television company shall retain in its local office all billing cumplaiat records for at least one year. (f) When a cable television company supplies aimiliary equipment such as a converter or other modifying device to a subscriber the Company can expect reasonable care of such equipment by the subscriber. A cable operator shall notify the subscriber and the commission in writing of any charges to subscribbas for lost,stolen or damaged converters. In the event such equipment is lost,swlen or damaged,and the cable television company seeks to charge the subscriber for such equipment,the company shall give written, dated notice to the subscriber of the amotmt sought and the subscriber's opportunity to refer the matter to the Commission in accordance with the ptovisim of section 590.70 of this Part. (g) Refund checks will be issued promptly but no laur than either: (1) the subsazber's next billing cycle following resolution of the request or thirty(30) days,whichever is earlier,and 23 (2) the subscrber's next bM g cycle after the rears of equipment supplied by the cable company if service is terminated or thirty(30)days,which ever is earlier. (h) Credits for service will be issued not later than the arbseribefs ilea billing cycle following determination that a credit is wanaated. EUstorieal Note Sec Sled Jan.1$197$am&filed Oa.141979 CtE Oa 16,1479. FTi anal acre m be amended and and 9a 9NYCRR Jame 1995. 590.65 Credit for service Outage, (a) Every cable t levisim company shall provide credit to subscribers affected by any service outage in excess of four (4) continuous hours in accordance with subdivisions(b)and(c)of this section. The four(4)hour period shall commence at the time the cable television company first becomes aware of the outage. (b) Whenever a cable television company may reasonably determine the anstence and scope of a service outage as,for amniple. a service outage caused by a major farWm in the system's headend or dbmibution electronic equipment,which service outage exceeds four(4)continuous hours and some part of which oars during the hours 6.:00 pm.to 1200 a.m., the cable television company shall issue a credit to each affected sutwiber. (c) 1n the event a cable television company cannot determine all s fteriben affected by a service outage in excess of four(4) continuous hours or no parr of such outage occurs during the hours 6.0 px.to 1200 a.m., credit shall be given to any eligible subum'ber who makes application therefor by either written or oral notice within 90 days of such service outage. (d) The minimum credit shall be equal to one thirtieth times the applicable monthly charge for each twenty four hour period during which a service outage continues for at least four hours (e) A cable televisim company shall be responsible for every service outage. (f) Prior written notice of a scheduled service outage shall be filed with the commission and the affected municipality. Every cable televi an company shall make a reasonable effort to inform subscribers,in advance,of any scheduled service outages Maurical Note Sm Med Jan.1$1979:amd filed Oa.16.1479:and filed Der2t.19Q;9 eM Jan 12.1990 Rawrid nae m be amended sad cited m 9NYM Jane 1995.(Formerly Sec SMAO 99M Diseontiaasnoe of service for nonpayment. A. (a) A cable televisim aftmt er shall not be considered ddiagumt in payment until at least forty-five (45) days have elapsed from the mau'Iin of the bill to the akwiber or due date, if coupons are used, and payment has not been received by the company. (b) No cable television company shat!physically or electronically discontinue service for nonpayment of bills rendered for service Una (1) the aftmt er is ddinqurmt in payment for cable television service;and (2) at least five days have elapsed after a separate written notice of impending discontinuance has been served personally upon a arbsrnber,or (3) at least eight days have elapsed after marling to the s ksrn'ber a separate written notice of impending discontinuance(for which postage is paid by the cable tekv oro company addressed to such person at the premises where the subscriber requests billing; or 24 1 (4) at least five days have elapsed after a subscriber has either signed for or refused a certified letter(postage to be paid by the cable television eompany�containing a separate written notice of impending discontinuance addressed to such person at the premises where the subscriber requests billing. (c) Notice of service discontinuance shall clearly state the amount m arrears, the total amount required to be paid to avoid discontinuance of service,reconnection charges if applicable,and the date by which,and the place where,such payment must be made. (d) No cable television company shall disconnect service for nonpayment on a Sunday,public holiday or a day when the local office of the company is not open for business without providing an opportunity for the subscriber to pay the amount in arrears. (e) When a company is at a subscriber's residence or place of business to disconnect service and the subscriber,at that time,pays the amount in arrears in lieu of disconnection, the company may add a reasonable collection charge to the subscriber's bill provided all other applicable provisions of this section have been followed (f) Receipt of a subsequently dishonored negotiable instrument in response to a notice of discontinuance shall not constitute payment,and no cable television company shall be required to issue an additional notice prior to disooatmuaaa. EUstorical Note Sa<Bled Jan 18,1979:amd filed Oa.164 1979;and.filed Dat 22,1989 at£Jan.x2.1990. Nowneal acme w be amended and aced in 9NYC tR hme 1995.(FanmQiy Sec-990.67) 590.70 Seubserribers' complaints;proeedm e. (a) Complaints by cable television subscribes will be accepted by the commission in any form,written or by telephone. The procedure with respect to such complaints shall be as follows: (1) Whenever a subscriber complaint is filed,the cable television company named therein will be served by the commission with a copy of the complaint and a written notice ca]Iing the complaint to its attention and requesting a statement concerning the matter. The commission also will forward a copy of the complaint to the chid c oecutive offiar of the municipality in which the complainant resides Within 10 days,or such other period as may be specified in the notice,the cable television company shall submit a written answer to the commission and shall serve a copy of said answer on the complainant and on the chief ooecutive officer of the municipality. The answer must contain a stmement of the action that has been tabor to resolve the complaint and/or to prechrde any recurrence of the matxer complained af. If the subject of the complaint is the fallure of the company to provide cable television service to a potential subsrnber who has requested service, the commission may require the cable television company to provide,in addition to the information required by oris paragraph,a map of the franchised area indicating information requested by the commission. (2) Complaints received by the commission by telephone shall be recorded and kept on fee. Where the nature of the tekphoned complaint warrants, the commission may request written information from the complainant In such cases, the commission shall follow the procedure in paragraph(1)of this subdivision. (3) Where numerous complaints are made,orwhere ft appears that complaints have not been resolved,the commission may mance further inquiry,which may be formal or informal,and which may mch»de a hearing or oral argument,or both. (b) Every cable television company shall adopt and file with the Commission,in writing,its procedures for the reporting and resolution of subscriber complaints which procedures may be in such form and contain such provision as the company deems necessary,provided they are not in conflict with any procedures, rules or regulations of the commission.Every television cable company shall provide notice to mbscrrbets of such procedures in accordance with secdon 590.80(f)of this Part. (cX1) The commission may delegate by written notice many officers or employees of the commission authority pursuant to the provisions of this section to investigate, hear and resolve complaints between a cable television company and its subscribers concerning disputed bills,charges,deposits,service problems and other related problems Except in the instance of an appeal by any party,disposition of unresolved complaints will be determined by such officers or employees of the commission as the commission designates to act in its place. In oa dit this function,the designated officers or employees may obtain the 25 information required to malae a determination by conversation with the complainant or his or her representative,by telephone or in person,supplemented where appropriate by written materials from the complainant,reports or documents from the cable television company(including such data as may be requmed by the staff at the request of the complainant or on its own initiative); through written complaints simr7arly supplemmted;or through a conference conducted by the designated officer or employee at which the comphinant, accompanied and assisted by such friend, advisor or attorney as he or she desires, and company reptaentatives art present Officers or employees designated to consider complaints will afford both the complainant and the cable television company a fair and reasonable opportunity to present evidence pertinent to the complaint and to challenge evidence submitted by the other parry to the dispute. The complainant or cable television company complained of may obtain a written statement of the determination, including a brief reason for the conclusion. The parry adversely affected by the deoermination of the officer or employee designated to consider the complaint may appeal to the commission. Any such appeal shall be in writing and set forth the specific bass for claiming error and shall as far as practicable follow the procedures prescribed for petitions for rtoonsidesation provided in section 59019 of this Part (2) After receipt of the answer to a complaint,and where the procedures described in paragraph(1)of this subdivision are not applicable or cannot reasonably resolve the issues raised by a complaint, the commission, on its own initiative, the rzeommemdatien of staff or the request of the complainant or cable television company,may call a public hearing upon notice Utilizing the procedures set forth in section 59031 et seq.of this Part. (3) Pending resolution of complaints,the commission may require appropriate interim relief to either party. In the case of complaints regarding brills or deposits, the commission,without hearing or formal order, may, and in the absence of unusual circumstances sball,preclude discontinuance of service or the issuance of any notice of discontinuance during the commission's investigation of such complaint,upon such terms and conditions as it dams appropriate. historical Nott Sac filed Apr.17.1973:ands filed May X 19ti0:Av&3.LOM Feb.2.1987 eM Feb Z.IM.Ataended(e)M. Katorial come m be amended cad cued in WYCRR Jame 1995.(Faraxdy Sec 90.5) OW Subscriber nuke s. (a) Rates,programming services and chmnd positions (1)Notice required.Every cable television company shall provide notice to subscribers of(i)products and services,(ii)prices and options for programming services and other services and the conditions of subscription to. and other services; and n the chaanad positions of programming carried on the system. (2) Form and content of notice.01 Notice shall be pmvlded (a) to new ams at the time of installation; (b) to any subscriber who requests a change in service; (c) to all subscribers at least semi-annually, provided, however, that any cable television company that brills subscribers only by coupon book and does not provide regular mar'lu'rto stiArscribers at least quarterly may provide such notice to stisrrbers on an annual basis;and (d)to m y person who requests such information. (v) Notice shall be m writing and (a)shall be provided immediately where a request les made in person or(b)shall be provided by first class maul sent within ten(10)butsine w daps of the date of any request made by telephone or in writing. (M)The notice shall contain a description,materially accurate as of the first day of the previous month,of all service tiers and the networks provided thereon and the rates and charges therefor and other so vies or products offered to subscnbexs and the rates and charges for such other' services and products. The nonce shall also include a statement of significant rights accorded to the subscribers pursuant to Section 824-a of the Executive Law and the regulations promulgated by the commission. Such statement shall be in a form as approved by the commission. In addition,not=to new atrscrrbers shall include a copy of any notice which has been sent to current atbsmbers pummt to atbdivisions(a) -(c)of this section within the previous sixty(60) days. (3) manges. (i) Every cable television company-shall provide notice to subscribers of any changes m rates, programming services or channel positions as soon as passible through annotmon the cable system and in writing.Notice of any increase in the rates for the basic service tier or associated equipment must be provided to subscribers at least 30 days in advance. Notice of other such changes must be given to subscribers thirty(30)days in advance if such change is within the control of the cable television company.Forputposes of this paragraph-announcements on the cable system'shall mean a'mum on-screen message on the affected channel(s),or program listing channel, or such other channel as may be used for the dissemination of written messages to aubsrnbers. 26 a ` � S (u)If a change in programming services or charnel positions constituoes either a'significant programming change"as defined in subdivision(b)of this section or a'network-charge"as defined in subdivision(c)of this section,the cable television company shall also provide the notice as described in such subdivision. (b) Significant propmunleg chati8e• (1) Definitions For purposes of this section ()a*Ok=pmVwnn g d:mrge shall mean the removal or alteration of renariag programmnmgwhich materially changes the quality or level of programming on a network;provided,however,such terms shall not include deletions of programs mandated by the regulations of the Federal Communications Commission,nor shall it include deletions of programs that are distributed by the cable television company in lieu of such programs deleted pursuant to such regulations of the Federal Commtmicati- - Commission;(n)a neswnrk shall mean a group of programs distributed,packaged, promoted or sold to subscribers as the offering of a single entity,including but not limited to,a channel or station;and(Iii)service suet shall mean a category of cable television services or other services provided by a cable television company and for which a rate or fee is charged by the cable television company,indudmg,but not limited to,basic services,premium networks or services, rectiTiag payer--view services and other categories of cable services for which there are additional charges (2) Notice required. Every cable television company shall provide notice of a signrf'ucant programming changt to the commission and to subscribers affecoed thereby. (3) Notice to commission. Notice shall be provided to the�taisston no later than the later ocrtrting of forty-fire(45)days prior to the effective date of the change or within five(S)business days of the date upon which the cable television company first lmows of such change. The notice shall specify the recurring programming affected by the change,whether such recurring programming was,or will be,distributed as part of basic cable service or some other service tier immediately prior to the change and the effective date of the change. (4) Notice to stftxibers. Notice shall be provided to stAncribers who are receiving services affected by such change in writing no later than the later occurring of thirty(30)days prior to the effective date of such change or within thirty(30) days of the date upon which the cable television company first kum of such change and by written on-screen visual message promiaeatty displayed on the affected television program chancel or channels,and on the program listing channel of the cable television system,if one is provided,at least once each hour for no less than a thirty(30)day period. (3) Form and content of notice to subsc berL Notice shall be directed to each affected subscriber as follows (i) by the maul'mg of a separate written notice to the subsrnbeYs billing address of record; or(u) by a written notation printed on the subscriber's regular billing statement; or n by a written notice accompanying the subscriber's regular billing statement. Such notice shall specify the recurring programming affected by the change and the effective date of the change. Such notice shall also inform subscribers of the opportunity to downgrade or terminate service within thirty(30)days of the receipt of the notice without charge for such termination or downgrade if the programming change includes a redering of service or a rate increase. (c) Network chazige- (1) Defiaidons For purposes of this subdivision,(i)a netwwic damW shall mean the removal of a network from a service tier whether or not added to another tier or a substantial ahezadon of the charac ter of a network by a cable television company or an affiliate it controls except that a network:change shall not iaclude the removal of a network from a service tier within thirty- one (31) days of the date upon which such network was added to such service tier for promotional purposes, where such promotion was clearly disclosed to subscriberm M)the chw=wof a nwwo&shall be determined by reference to the nature,mix and quantity of programming provided on the network and whether such programming is supported by commercial sponsorship or other means (The of a network which contams a teniform programmmg format,e.g.,an all-shopping channel,an all-*wd er channel,an all-sports channel,etc,shall be considered distinct from the character of a network which includes various categories of programming- The character of a network shall also include consideration of whether a network provides programming twenty-four (24) hours per day or some lesser period of time}; and (m pvmoses sepeze&y and in a ngnzft= nuc er shall mean a promotion of the availability of a particular network on basic cable service which is designed to encourage the Public to subscribe to basic cable service to receive such network and which is conducted by use of multiple media or by the multiple use of a single medium. (2) Notice required- Every cable television company shall provide notice of a network change to the commission and to the sttbscrrbers affected thereby. 27 (3) Notice to commission. Notice shall be provided to the commission no lata than the later occurring of forty-five(45)days ' prior to the effective date of the change orwithin five(5)business days of the date upon which the cable television company fust lmows of such change- Notice shall specify the network affected by the change,whether such network was,or will be,distributed as part of the basic cable service or some other service rec immediately prior to the change and the effective date of the change. If the network change relates to the baric service tier,the notice to the commission shall also state whether said network has been repeatedly promoted by the cable television company as available on its basic cable service during the six months immediately preoedrrg the date of the change and,if the network has been so promoted during such period of time, the notice shall also include the specific date upon which such promotion was conchided and the number of sutwnbers who commenced their subscription to basic cable service during the timery(90) days immediately before and after the last day of promotion. If the network change relates to a network that is being deleted fry basic cable service and will not be available on any other service tier, the notice shall state whether said network continues to be reasonably available to the cable television company. For purposes of this paragraph the tam cvt=um w be maronabiy avagable to she cable television mmpony shall mean a network, including a broadcast television station,that has been hxfuny distributed by the cable television company to its subscribers as part of its basic cable service and without a substantial alteration of the udzarauer of the network remams avaulable to the cable television company an the same terms and conditions as before or remains available to the cable television company pursuant to terms and eondhim-as previously agreed. A network shall also be considered to continue to be reasonably available to a cable tekvi-`gin company when,notwitl>staading a modification of the terms and conditions under which it may be dbtributed or a d=- in the chara=of the network,the commission so determines in writing based upon considemdon of(i)whether the cable teller.-:on company is required to offer commercial leased access and the terms and conditions of such leased access,if any,(ii) the L.atacter of the network relative to the character of other networks distributed on the system and the manner of distribution of such other network;(m the terms and conditions pumiant to which the network is available to the cable television company relative to the terms and conditions applicable to the dismbtnion by the cable television company of other networks as part of basic cable television service;(rv)the eiaent to which the network is currently being dismbuted by other cable television companies in the state as part of basic cable television service on terms and conditions similar to the terms and conditions at issue and (v) the went to which the cable television company may have an ownership interest in any network distributed on the system which is similar in character to the terminated network (4)' Notice to subseibers. livery cable television company shall provide notice of a network change to each subscriber affected thereby. Such notice shall be provided to subscribers who are rmmvmg semces affected by my such change in writing no later than the later occurring of thirty(30)days prior to the effective date of any change or within thirty(30)days of the date upon which the cable television company Jim)mows of such change and bywrittea on-screen visual message prominently displayed om the affected television programming channel or cbannels,and on the program listing channel of the cable television system, if one is provided,at least once each hour for no less than a thing(30)day period. (S) Form and content of notice to subscribers Notice shall be direr to each affected subscriber as follows (i) by the mei ing of a separate written notice to the subsen'b t billing address of record; or(n) by a written notation printed on the subsx Ixft regular billing statement;or(m by a written notice acoompaaykng the sub9atbes regular billing statement. Such notice shall specify the network affected by the change and the effective date of the change and shall inform subsmbers of the opportunity to downgrade or terminate savioe within thing(30)days of the receipt of the notice without any charge for such tamiration or downgrade if the network change inches a redering of Service or rate increase, (6) Additional provisions for network change affecting a premium service tie. If the notice describes a network change that affects a network that was being distributed as part of a premium service tier immediately prior to the change such notice shall also inform subscribers who have incurred installation,upgrade or other one-time charges relating to such premium service tier within sic months prior to the effective date of the change,or who have prepaid any monthly service charges for said premium service tier,that they may elect to downgrade or terminate service within thing(30)days of the receipt of such notice and obtain a rebate of any such cbatges. (7) Additional provisions for network change affecting basic cable service. If the notice describes a network change which a$ear a network that was being ftributed as part of basic cable service immediately prior to the change,and the network was repeatedly promoted by the cable television company and in a significant manner as available as part of basic cable service at any time du lbg the sic months immediately preceding the date of the change, such notice, or a second notice given len the same manner as the first notice within thirty(30) days of the fret notice,Shan contain additional information.as follows:.(i)Romovcl of rework w premium Bier. If a network is moved from basic cable service to a more expensive ter,such notice shall inform 28 subscribers who commenced their sutampt ons to basic cable service during the ninety(90) day period immediately before or after the last day of the promotion,of the oppornmity,within(30)days of receipt of the notice either(a)to upgrade to the more expensive service tier which includes the network at no charge and to receive said service tier for up to six months also at no charge;or(b)to terminate service and receive a reftmd of all itistallation,upgrade or other one-rime charges paid during the six months prior to the change. (5-)Removal of=raw*fmm rystem. If a network(a) is deleted from basic cable service,(b)was a substantial inducement to a significant number of st>bscbers,and(c)continues to be reasonably available to the cable television company,such notice shall inform subsazbeis who commenced their subscriptions to basic table service during the Winery(90) day period immediately before or after the last day of the promotion,of the opponumty,within thirty(30) days of receipt of the notice,either(aa)to terminate service and receive a reftmd of all installation,upgrade or other one-rime charges paid during the sbc months prior to the change,or(bb)to continue service and receive a credit in the amount specified in the notice which credit shall be for a portion of the monthly rate for basic cable service for each month or portion thereof the network is not mailable on the system during the six month period commencing with the last day of the promotion,or(cc)to continue service and petition the commission for determination of the amount of an appropriate credit for a portion of the monthly rate for basic cable service for each month or portion thereof the network is not available on the system during the six month period commencing with the last day of the promotion. (9) A cable television company shall maintain copies of all advertisements,lin or other notifications regarding programming sent to or made available to the public. For purposes of this subdivision,advertisements,fists or other notification shall mean any commercial messages which a cable television company originates and causes to be disseminated to the public or its subscribers by means of radio,television or print,or pursuant to a printed directive,which relate to the service tiers,networks or programming offered by said company to its subscribers and the rates and charges therefor,except that such terms shall not include any commercial message concerning a network or programming which origmates with the network or programmer independent of the cable television company. (d) Pay PQ view Pig- Subdivisions(a)-(c)shall not apply to Pay PQ view Prograrnmmg- (e) Billing practices- (1) Every cable television company shall provide notice to subscribes of its billing practices and payment requirements including the use of payment coupons. The notice shall describe or define, at a minimum, billing procedures (including payment requirements to avoid discontinuance of service,e.g.,payment due dates),late charges, downgrade charges, advance billing options,if any,procedures to be followed in bMmg disputes and credit to be given for service outages (2) Notice shall be in the form of a separate writtm notice and shall be provided(i)to new aftcribets,at the time of Wt W suubsaiption or reconnection,n to all m>bscnbers semiannually and (M-) toall subscribers at least thirty(30) days in advance of any t change in such billing practices or payment requirements and as fu rdw prescribed in section 5%M of this ParL (f) Complaint proeedtnes (1) Every cable television company sbaR provide notice to subscrt=of its complaint procedwts. (2) Notice shall be in writing and shall be provided(i)to new Mft=berm at the time of initial subscription or reconnection to the cable television system,(u) to all subscribers annually and (m—) to all subscnben at least thirty(30) days in advance of any significant change m such complaint procedures and, Civ)to subscribers at any time upon request. The notice shall inform The subscriber that any unresolved complaint with the company may be refaced to the commission pursuant to sutidivision (a) of section 590.70. Such notice shall also contain the address and telephone number of the commission and the toll free subscriber assistance telephone number of the oomtnissian. (g) Installation,use and maintenance of cable service.(1) Every cable televisim company shall provide notice to wbnnbers of its installation and service maintenance policies and msavcdons on bow to use cable services with company provided or subscriber owned equipment,and a description of any incompanbr'fu'ty problems and the means of resolving such problems. Notice shall be in writing and shall be provided to new subscribers at the time of installation(i) to any person upon request(ii) to all subscribers annually and n to all s Awribers at least thing(30)days in advance of any significant changes in such information and(iv)to stA srnbers at any time upon request. (h) Lost,stolen or damaged equipment. A cable television company shall provide notice to subscribers of any charges for lost, stolen or damaged equipment m accordance with section 590.64(f)of this Part. 29 (i) Disconnection of service. beery cable television company shall provide separate written notice of service discrontmuaace in accardanee with section 590.66 of this Part. G) Removal of home wiring. (1) Every cable television company shall provide notice to subsazbers of the opportimity to acquire home wiring upon termination of service if the company seeks to remove such wiraig.(2) Notice shall be in writing and shall be provided to atcrrbets at least thirty(30)days prior to the earliest date such home wiring would be removed. ltistnrieal Note Sec filed May 30.1986;amd.filed Dec.22,1989 eM Jar.12.1990.amd.(aXd) (See 59MA.lacer temmL M x4}Frutorid none to be amended rad cited in 9NYCRR Jtme 1995. 390.90 Tdopbone avaitability and answer sendards. (a) Every cable television system shall maintam a local,toll-free or collect call telephone access lime which will lex avar'lable to its sdscnbets menty-four(24)hours a day,seven daps a week,provided,that, (1) after normal business hours,the access lime may be answered by a service or an automated response system,including an answering machine. Inquiries received afar normal business hours must be responded to by a trained company representative on the next business da_. (b) Trained company representatives must be available to respond to callers during normal business hours. (c) All cable television systems,a rept small cable television systems,under normal operating conditions,shall meet the following telephone answer standards (1) telephone answer time by trained company representatives,mchldmg wait time,shall not erooeed thirty(30)seconds from when the connection is made; (2) if a call needs to be transferred, transfer time shall not exaxed thirty(30)seconds; (3) callers will receive a busy signal less than three(3)percent of the time;and (4) requirements of this part,shall be met no less than ninety(90)percent of the time,measured on a quarterly basis. (d) Information to demonstrate compliance regerd"mg tekpbone answer standards shall be reported to the commission for normal business hours on a quarterly basis and shall include,at a minivnin (i) the total number of days trained company representatives were available to receive incoming calls(u) the total number of calls received on such days(m) average length of time a caller waits on bold before reaching a trained company representative (iv) total number of calls abandoned by incoming callers and (v) percentage of time callers received a busy signal when attempting to reach the cable system or such other information that will doalment compliance with such standards (e) Cable systems fling quatterlywith the commission regarding telephone answer standards must maintain for a period of one (1)pear at the local offices,summary of recozds sufficient to measure and verify compliance with quarterly telephone answer standards. (f) Quarterly reports on tekphone answer standards shall be filed with the commission on Apel 15,July 15, October 15 and January 15 of each pear. (g) Cable television systems v ill not be required to acquire equipment or perform surveys to measure compliance with telephone ariswer and service standards unless an bel record of complaints indicates a dear failure to comply. (h) C uswrner service centers and bill payment sites shall be conveniently located and open at least during normal business hours. IFnIorieal Nobe NswrkW nae to be added and aced in 9NYCRR lime 1995. 30 SMI Installations, outages and saw= calls. (a) Whenever a service call including an installation or reconnection, is not started within the scheduled 'appointment window', as established pursuant to paragraph (3) of subdivision (b) of this section, the subscrber shall not be charged for such service call, including an installation or reconnection, unless the service call was ttscheduled with the subscnber's consent before the close of business on the business day prior to the initial scheduled 'appointment window'. (b) All cable television systems under normal operating conditions,shall meet no less than ninety-five percent(9501o)of the time, measured on a quarterly basis, the following service standards: (1) standard installations of up to one-hundred fifty(150)feet from existing aerial distribution plant shall be performed within seven (7)business days after an order is placed,unless a subscriba requests a particular date beyond seven (7) business days; (2) exhrdmg conditions beyond control of the cable company,a cable television system will (i) begin working on service iatesruptions promptly and in no event later than twenty-four(24)hours after the intemrption becomes known and (ii) begin actions to correct other service problems the next business day after notification of the service problem or trouble call, (3) the'appointment window'alternatives for installations,service calls,and other installation activities will be either(i) a specific time,(n) morning or afternoon hours,(m')a four hour time block of time during normal business hours, (iv) evenings or Saturdays during normal business hours,or(v)at the option of the cable television company outside of normal business hours for the express convenience of the customer,and, (4) if a cable company representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled,the customer will be contacted. The appointment will be rescheduled,as soon as possible,at a time which is convenient for the customer consistent with paragraphs(1)and (2)of this subdivision. (c) Information to demonstrate compliance regarding the service standards contained in subdivision(b)of this section,measured on a Quarterly basis,shall be reported to the commission and shall at a minimum include: (i) number of requests for standard irstaftdons and number performed within seven (7)business days,(n) number of service intenvptions and number of service intenvptions responded to whhm and after twenty-four(24)hours after notification,(M) number of service calls to subsriber's residmoe for insta➢a#w% outages and service calls performed and number performed as per subscriber requested time period, (iv) number of installations or service calls rescheduled,and(v) number of credits issued for missed installation or service calls to subsaribeft premises,or such other information that will document compliance with such standards. (d) Quarterly service reports shall be filed with the commission on Apra 15,July 15,October 15 and January 15 of each year. (e) Provisions of subdivision (a)paragraphs(3)through(4)of subdivision(b) and subdivisions(c) and (d) of this section shall not be applicable to small cable television systems. (f) Provisions for keeping records of service or trouble calls by cable television systems are qxxffled m part 5%.8(g). Eistorieai Note Nswriol am w be added and do d in WrAMR June 1995. 590.42 Removal of home wiring. (a) Upon volimtary termination of cable service by a s ibscnber,a cable television company shall not remove the cable home wiring unless it gives the aftcrber the opportunity to acquire the wiring at the replacement oast,and the surbscr2w declines The cost is to be determined based on the replacement cost per foot of the cabling multiplied by the length in feet of the cable home wiring. If the suA rber declines to acquire the cable home wiring,the cable television company must then remove it within thirty(30)days or make no subsequent attempt to remove it or to restrict its use. Every cable telev mm company shall provide notice to subscribers of the provisions of this section in accordance with Section 590.80(j) of this part. EUstw ieal Note Irur ncW nose to be added and died in 9NYCRR June 1995. 31 CABLE COMMUNICATIONS ORDINANCE FOR THE CITY OF ITHACA, NEW YORK DRAFT September 8, 2000 TABLE OF CONTENTS § 152-1. Findings and purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 § 152-2. Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 § 152-3. Definitions and word usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 § 152-4. Grant of franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 A. Authority to grant franchise; terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 B. Use of public streets and ways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 C. Use of Grantee facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 D. Franchise territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 E. Term of franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 F. Franchise required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 G. City's right to perform public works . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 H. Emergency removal of plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 I. Removal and relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 J. Removal or abandonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 K. No waiver of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 L. Time is of the essence to this chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 M. Limitation on use of financial commitments . . . . . . . . . . . . . . . . . . . . . . 14 N. Transfer of ownership or control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 § 152-5. Regulation of franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 B. Regulatory authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 C. Rights reserved to the grantor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 D. Police powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 E. Performance evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 F. Response to city inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 G. Quality of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 H. Liquidated damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 I. Consumer remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 OPTION 1 - REVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 J. Determination of breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 K. Effect of pending litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 OPTION 2 -REVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 J. Grounds for revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 K. Effect of circumstances beyond control of the grantee . . . . . . . . . . . . . . 25 i L. Effect of pending litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 M. Procedure prior to revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 N. Nonexclusivity of remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 O. Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 P. Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Q. Free connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 R. Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 S. Credit for service interruption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 T. Rate regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 U. Franchise fee entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 V. Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 W. Franchise and renewal expense reimbursement . . . . . . . . . . . . . . . . . . . . 28 X. Affiliates' use of system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Y. Late payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Z. Recomputation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 AA. Franchise fee in addition to other tax or payments . . . . . . . . . . . . . . . . . 29 BB. Acceptance by the city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 CC. Right of inspection of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 DD. Right of inspection of construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 EE. Right of inspection of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 FF. Franchise renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 GG. Open access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 § 152-6. Performance bond,construction bond, and letter of credit . . . . . . . . . . . . . 30 A. Performance bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 B. Construction bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 C. Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 D. Reduction of bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 E. Letter of credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 F. Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 G. Use of performance and construction bonds and letter of credit . . . . . . . 32 H. Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 I. Replenishment of letter of credit and performance and construction bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 J. Nonrenewal, alteration or cancellation of letter of credit or performance bond or construction bonnc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 K. Inflation compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 L. Recovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 § 152-7. Liability, insurance and indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 A. Terms of liability and insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 B. General liability insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 C. Automobile liability insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ii D. Workers' compensation and employer's liability insurance . . . . . . . . . . . 35 E. Insurance for contractor and subcontractors . . . . . . . . . . . . . . . . . . . . . . 35 F. Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 G. No limitation on liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 H. Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 § 152-8. Subscriber and user rightsConsunier protection standards . . . . . . . . . . . . 36 A. Compliance with law and regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 B. Subscriber solicitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 C. Sales information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 D. Billing practices information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 E. Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 F. Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 G. E-mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 H. Twenty-four hour operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 I. Installation and service fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 J. Business office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 K. Resolution of complaints to city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 L. Notice of complaint procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 M. Response to service complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 N. Unresolved complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 O. Notice of public meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 P. Subscriber privacy information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Q. People meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 R. Converters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 S. Internal wiring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 T. Remote controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 U. Parental control devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 V. Subscriber policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 W. Marker showing converter dial locations . . . . . . . . . . . . . . . . . . . . . . . . . 41 X. Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Y. Appointment window rebate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Z. Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 AA. Report due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 BB. Standard of service for the telephone system . . . . . . . . . . . . . . . . . . . . . . 42 CC. The format of a subscribers bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 DD. Payment options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 EE. Procedures for collecting late bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 FF. Procedure for the resolution of billing disputes . . . . . . . . . . . . . . . . . . . . 44 GG. Referral of delinquent accounts to a collection agency . . . . . . . . . . . . . . 45 HH. Subscriber equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 II. Outages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 JJ. Credit for service outage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 iii KK. Failure to meet time periods may be excused . . . . . . . . . . . . . . . . . . . . . 47 LL. Underground service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 MM. Records of repair service requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 NN. No charge for repair service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 00. Resubscription to cable service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 PP. Length of time to disconnection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 QQ. Scheduling appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 RR. Restoration of subscriber premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 SS. No fee for disconnection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 TT. Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 UU. Charge for downgrades . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 VV. Truth in advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 WW. Reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 XX. Prohibited activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 YY. Operation after termination or expiration of franchise . . . . . . . . . . . . . . 49 ZZ. Public, educational and municipal access . . . . . . . . . . . . . . . . . . . . . . . . 50 AAA. Quality of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 BBB. Local origination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 CCC. Rights of individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 DDD. Trouble calling processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 § 152-9. Design and construction provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 A. Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 B. Location of cable communications systems . . . . . . . . . . . . . . . . . . . . . . 51 C. Contractors and subcontractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 D. Construction plan approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 E. Equipment changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 F. Extension of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 G. Construction reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 H. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 1. Initial performance test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 J. Atffm40ngoing performance test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 K. Technical review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 § 152-10. Maintenance and inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 B. Maintenance log . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 C. Service interruption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 D. Radiation monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 E. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 F. Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 G. Amounts received by the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 iv H. Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 I. Cure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 § 152-11. Employment practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 A. Equal employment opportunity and affirmative action programs . . . . . . 58 B. Employment policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 § 152-12. Records and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 A. Books and records available to the grantor . . . . . . . . . . . . . . . . . . . . . . . 58 B. Reports required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 C. Records required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 D. Otherrecords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 § 152-13. Construal of captions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 § 152-14. Grandfather rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 § 152-15. Franchise Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 A. Invitation of any applications for a franchise,public notice of"request for proposals." . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 B. Applications for a franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 C. Request for proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 D. Franchise application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 E. Public hearing on reasonable notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 F. City discretion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 § 152-16. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 § 152-17. Force majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 § 152-18. Compliance required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 v Chapter 152 - CABLE COMMUNICATIONS SYSTEMS [HISTORY: Adopted by the Common Council of the City of Ithaca 10-5-1988 as Ord. No. 88-8. Section 152-3B amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.] GENERAL REFERENCES Cable Commission-- See Ch. 17. § 152-1. Findings and purpose. A. The City of Ithaca finds that the development of cable communications has the potential of having great benefit and impact upon the people of Ithaca. Because of the complex and rapidly changing technology associated with cable communications, the City further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in the City or such persons as the City shall designate. It is the intent of this chapter and subsequent amendments to provide for and specify the means to attain the best possible public interest and public purpose in these matters, and any franchise issued pursuant to this chapter shall be deemed to include this finding as an integral part thereof. B. Further,it is recognized that cable communications systems have the capacity to provide not only entertainment and information services to the City's residents but can provide a variety of interactive communications services to institutions and individuals. Many of these services involve City agencies and other public institutions by providing governmental, educational or health-care communications. C. For these purposes, the following goals underlie the regulations contained herein: (1) Communications services should be available to the maximum number of City residents. (2) The cable communications system should be capable of accommodating both the present and reasonably foreseeable future communications needs of the City. (3) The cable communications system should be improved and upgraded if necessary during the franchise term so that the new facilities necessary for the operation of this system shall be integrated to the maximum extent possible with existing facilities. 1 (4) Any cable communications system authorized by this chapter and the franchise shall be responsible to the needs and interests of the local community and shall provide a wide diversity of information sources and services to the public. (5) The public, educational and governmental needs for public, educational and government access to the eable television systempd for institutional networks should be met. § 152-2. Title. This chapter shall be known and may be cited as the "Ithaca Cable Communications Regulatory Ordinance," and it shall become a part of the Code of the City. § 152-3. Definitions and word usage. A. When not inconsistent with the context, words used in the present tense include the future, and 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 meanings. B. For the purpose of this chapter,the following terms,phrases,words and their derivations shall have the meanings given herein: AREA OUTAGE'-- A total or,.partial loss ofvideo, audio, data or other signals carried on the;cable communications.system in a location affecting two or more subscribers,`, ACCESS CHANNELS -- Channels [six (6) MHz each] set aside for public use, education use or governmental use with no charge for usage by the franchisee. "Access channels" designed for public use shall be available on a nondiscriminatory basis. ADDITIONAL SERVICES -- Programming or services for which an additional charge is made beyond the charge for basic subscriber services, including but not limited to movies, concerts, variety acts, sporting events, pay-per-view programs, interactive services and any other service utilizing any facility or equipment of a cable communications system operating pursuant to a franchise granted under this chapter. AFFILIATE -- Each person who falls into one (1) or more of the following categories: each person having,directly or indirectly,control or a controlling interest in the Grantee; each person in which the Grantee has, directly or indirectly, control or a controlling interest; each office, director, general partner,joint venturer or joint 2 venturee partner of the Grantee; and each person directly or indirectly controlling, controlled by or otherwise related to the Grantee by common ownership, common management or common control; provided that "affiliate" shall in no event mean: (1) The City. (2) Any duly authorized prior endorsement guaranteed. (3) Any educational institution acting on its capacity as such for public, educational or charitable purposes. (4) Any creditor of the Grantee 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 the Grantee. BASIG LZi L-I<signals, 7 CTI weather, news, the retransmission of broa4east FNI radio time an other similar audio serviees and the transmission of eableettst(noribroademt)radio signa4s as permitted by the FCC= BASIC SUBSCRIBER TELEVISION SERVICES --The defittition prontulgate4 by 7 if stteh definition is not Fortheomingfrom the Federal Gontmmieations C=effmission, all subseriber serviees provided by the Grantee in one (1) or mare serviee tiers, ineittding the delivery of broadeast A separately availablebasic servile tier to which subscription is required for access to any other tier of service": uch'basie service tier sWI;,,rat a,minimum,consist of the following;- all signals carriedin fulfillment of the Cable Act;Sections 614 and 61.5; any public, educational, and.governmental:access-,programming,required in this Chapter or the Franchise; any=signal of any,television broadcast station that:is provided by the,cable operator to any subscriber,except a signal which=is secondarily transmitted'by a satellite carrier beyond the"local service area of such station. Additional signals may be added to the basic.tier:bv the Grantee. CABLE PROGRAMMING SERVICE TIER--Any,video cable service,other than basic service tier or pay services. CABLE SERVICES ---Shall mean(A)the one-way transmission:to subseribers of (i) video programming, or (ii) other programming services ,,and,:(B) subscriber interaction;:;if any, which is required for the selection or, use of such video 3 programming or other-programmingIservices,oras.other*ise specified,�,in the£Cable Act as it may be amended. CABLE SYSTEM (also ref�rred to as signal generation,reeeption and eentrel equipment,that is designed to provi4e eable (1) A ffteility that serves only to retransmit the television signals of one (1) or more television broadeast stations. the provision of Title 11 of the Gable Aet,exeept that stteh faeility shall be eensidered eleetrie utility system -- also referrreed to as"system" or `cable,communications system," means 'a system 'ofplant, facilities,,- equipment= and closed signal transmission path=I&Wihg, without limitation, antennas, cables,, amplifiers, towers, microwave li*s,,studios, real and personal property,:and„ally and=all other conductors,16 terminals tconverters, remoter'control units and all-associated equipment or facilities;desigped and construucted Tor the purposes of distributing cable,services and;institutional services and:of producing, receiving, amplifying; storing, processing,or distributing signals,-whether owned; rented, leased, leased- purchased.or.otherwise controlled by or within the responsibility of the.Grantee, but such term=does�`riot'.include (i),,,a facility that serves only,to`retransmit the television signals of ane,or'r lore television broadcast stations; (ii) a facility that serves,only,subscribers in one or.More multiple unit dwellings under common ownership, :contro1j-or management, unless such:facil ty r facilities uses any public rights�of�way or:lease'ss or otherwise uses telecornmunrdatio facilities which use-the ppb is.rights=of..way, (iii) a facility of,a common carrier,which is subject, in whole or in part; to.the provision of Title 1l'of the Cable Act as amended, except that such facility shall be considered a cable,communications system to the'extent such facility is used''in the `;tr`ansmission of video programming directly to subscribers; or (iv):any facilities of any electric utility used stalely,for operating its electric utility systems. 4 CAPABILI,TY--,The.ability:of the.Grantee to activate a.described=technological nr service aspect,of the cable co4muniOations s.ysterr w44byt delay. CAPACITY ' The capOility pf 3be e-able cominsystem tq carry signals. At the time cif the effective date of this'Chapte�capaci�may be described in terms of portions of the:,total radio:ftequency bandwidth by specifying'a number,ofxMHZ but s„is subject to changes in technology, CHANNEL -- Six-megahertz (MHz) frequency band which is capable of carrying either one (1) standard video signal, a number of audio, digital or other nonvideo signals or some combination of such signals. CITY -- The City of Ithaca,New York. COMMENCE OPERATION -- That time and date when operation of the cable communications system is considered to have commenced. COMMERCIAL SUBSCRIBER--A subscriber who receives a service in a place of business where the service may be utilized in connecting with a business, trade or profession. COMMON COUNCIL --The Mayor and Council of the City of Ithaca. COMMUNICATIONS POLICY ACT or CABLE ACT -- The Cable Communications Policy Act of 1984,as it may be amended or succeeded,the Cable Television Consumer, .Protection ,and Competition Act of 1992, and. the Telecommunications,,Act of 1996 as,it may'be amended or succeeded. COMPLAINT--A subscriber or user informs the Grantee or the City that a problem has been brought to the attention of the Grantee but is unresolved to the satisfaction of the subscriber. CONVERTER -- 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. DEDATED I STTTTTTIEWSfn AG LSS C1 A+TI14F1T 9 Broadband ! 7 state or federal. edueational ! institutions, nonprofit emd profit making organizations. 5 DISCRETE CHANNEL -- A channel which can only be received by the person and/or institution intended to receive signals on such channel. DROP--A connection from feeder cable to the subscriber/user's television set,radio or other terminal. EDUCATIONAL CHANNEL or EDUCATIONAL ACCESS CHANNEL -- Any channel where educational programs are the only designated use. The "educational access channel(s)" shall only be used for noncommercial purposes. I XCLUIDE4AREAS means,thoparks,greenways and natural areas in the City. FAIR MARKET VALUE -- 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. FCC -- The Federal Communications Commission and any legally appointed or elected successor. FIBER_-- A.:transmission medium pf opticaler-cab1apa + ' arryi[r g cable services by means of lightwave impulses. FIBER,, ==The local transition point between the fiber distribution portion and the ooaxial distribution portion of the upgraded Viable cor n unications sys�m. FRANCHISE -- A franchise contract entered into voluntarily by the Grantee, containing the specific provisions of the franchise granted, including referenced specifications, the franchise proposal, applications and other related material. Any "franchise" granted pursuant to this chapter grants the nonexclusive rights to construct,operate and maintain a cable communications system along the streets and publie publk rights=of-way within all or a specified area in the City. Any such authorization,in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the City as required by other ordinances and laws of the City. FRANCHISE AREA--Theentireeity-.The entire City,orportions thereof,.f6twhich a Franchise s granted undertlieauuthor ty.ofthis Chapter.,.Ifn+bt�othervuise stated in the Franclu ,the Franchise area shill be the corporate limits of the:City,lncluding all territory thereafter annexed to the City. FRANCHISEE or GRANTEE--The natural person(s),partnership(s), domestic and foreign corporations(s),association(s),joint venture(s)or organization(s)of any kind 6 which has been legally granted a franchise by the City, and its lawful successor, transferee or assignee. FRANCHISE FEE--The percentage,as specified by the City,of the Grantee's gross revenues from all sources payable in exchange for the rights granted pursuant to this chapter and the franchise agreement. GOVERNMENT CHANNEL or GOVERNMENT ACCESS CHANNEL -- Any channel specifically designated or dedicated for government use. The municipal access channel(s) shall only be used for noncommercial purposes. GRANTOR -- The City of Ithaca as represented by the Common Council acting within the scope of its jurisdiction. GROSS ANNUAL REVENUES --All revenue derived directly or indirectly by the Grantee and revenue derived directly or indirectly through services provided via the cable communications system by the Grantee's affiliates and subsidiaries in which the Grantee has a financial interest. HEADENDThi Grantee's facility for reception,and dissemination of signals on the cable communications system,including:cabKantennas,wires,satellite dishes, monitors,switchem,modulators,processors,eq,ipnient for the interconnection of the cable communications system w*adjacent table communications systems or ether separate communications network,and all other relatedeuiumnt andifacilities INQUIRY BY SUBSCRIBER -- A request for general information about the Grantee's operation, services, programming and/or rates. INSTALLATION -- The connection of the system from feeder cable to the subscribers'terminals. INSTITUTIONAL NETWORK or I-NET- Sepkate fibevs stemmhich provides for one- vay and bidirectional communication,services to and among institutions specified in the franchise, INSTITUTIONAL SERVICE --Video, audio, data and other services provided to institutional users on an individual application basis. These may include but are not limited to one-way video,two-way video, audio or digital signals among institutions to residential subscribers. INSTITUTIONAL USER means a,-public,educational,and government in, receiving institutional services. 7 LEASED ACCESS CHANNEL or COMMERCIAL ACCESS CHANNEL --Any channel designated or dedicated for use by persons unaffiliated with the Grantee, at rates in accordance with the Cable Act. LOCAL ORIGINATION -- Programming produced or purchased by the Grantee (e.g., advertisements, news or programming with advertising) which is under the control of the Grantee. "Local origination" is specifically not to be construed as public, governmental or educational access. LOCAL ORIGINATION CHANNEL -- Any channel designated for local origination. This channel may be used for commercial purposes. LOWCAPACITY I-NET LOCATION A location designated. to :receive institutiono,serwices requiring les's..raiiaeity for,,Pending=outeceiving video;voice:o data signals thin maybe required for high capsqty I'net;locations#:;and requiring no special installation of fiber or cable- rom fiber nodes for the use of such institutional services;other-than normal residential network coaxial cable. MONITORING -- 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. NARROWCASTING--The ability to distribute cable programming to a particular segment or segments of the cable subscribers. NON-r MATERIAL PROVISION All,clauses not deemed to constitute a"material provision,,as defined and described herein, but constituting obligations,upon the Grantee;nonetheless, NORMAL BUSINESS HOURS Those hours during which most similar businesses in the community-,:are-open to serve,customers, In all cam,"nbftnal'business"hours". must include some, evening,hours at-least one night per week and/or some weekend hours-,;.. NORMAL OPERA`T'ING-QPNDITIONS -- Thoe service c.:onditions.which:-are within the control of the,Grantee. Tose conditions:which are x Q the control of the Grantee-include,but are not limited to,natural disasters, civil disturbances, power outages,telephone network outages,and severe or,unusual weather conditions. Those conditions which are ordinarily within'the control of the Grantee include, but are not-limited to special promotions,pay-per-view events;rate,increases,regular peak for seasonal;demand-. periods:-and maintenance ov,upgrade of the cable communications system. 8 THE NEW,YORK.STATE,DEPARJ' ENT(OgY 5LIC SER I F—NYSL PS"or anyresuccessor-State agency with similar reptnstlZi + , PARENT CORPORATIONS:means existing oar firture corporations©rather persons or legal eniities with-greater than fifty percent(5059 ownership,having control in whatever manner-exercised over-the Grantee. PERSON --An individual, partnership, association, organization or corporation or any lawful successor transferee of said individual, partnership, association, organization or corporation. PLANT MILE--A linear mile of strand-bearing cable as measured on the street of easement from pole to pole or pedestal to pedestal. PROGRAMMER -- Any person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital or other signals, either live or from recorded traces or other storage media,to users or subscribers by means of the cable communications system. PUBLIC ACCESS CHANNEL, COMMUNITY ACCESS CHANNEL or COMMUNITY CHANNEL -- Any channel designated or dedicated for use by the general public or noncomercial organizations which is made available for use without charge on a first-come-first-served, nondiscriminatory basis. The "public access channel(s)" shall only be used for noncommercial purposes. PUBLIC PROPERTY--Any real property owned by the City other than a highway, sidewalk, easement or dedication. PUBLIC RIGHTS-OF-WAY-or STREETS-AND PUBLIG GREWNDS -- 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, parkway,waterway,utility easement or other public rights-of-way now or hereafter held by the City which shall entitle the City and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee communications system. No reference herein or in any franchise to the"streets wtd publie gretmdsp4bIic,,,oght"f- way" shall be deemed to be a representation or guaranty by the City that its title to any property is sufficient to permit its use for such purpose, and the Grantee 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. REASONABLE NOTICE -- Written notice addressed by either party to the other party's principal office within the City or such other office as the Grantee has designated to the City as the address to which notice shall be transmitted to it,which 9 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. RESIDENT -- Any person residing in the City as otherwise defined by applicable law. RESIDENTIAL SUBSCRIBER -- 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. SALE-- Includes any sale, exchange, barter or offer for sale. SCHOOL--Any public or nonprofit educational institution, including primary and secondary schools, colleges and universities, both public and private. SERVICE AREA-- The entire geographic area within the franchise territory. SERVICE CALL, "�_Any work requiring the visit;of a cable,.cori xn unications representative toNthe_poigt of service and any appoi tmt t4"*utg�seuce,of the subscriber, including taut:riot limited to. installations repairs� additional outlets. SERVICE,INTERRUPTION --The loss of picture,or.sound of one or more table Channels.. SERVICE OUTAGE--A loss,ofpi wired for the purpose of producing,receiving,amplifying and distributing,by coaxial cable, fiber optics,microwave or other means, audio and visual radio,television and electronic signals to and from subscribers in the City and any other equipment or facilities located within the corporate limits of the City intended for the use of the cable communications system; provided, however, that such "system facilities" exclude buildings, contracts, facilities and equipment where the primary use is for providing service to other system facilities located outside the City limits. TRANSFER -- The disposal by the Grantee, directly or indirectly, by gift, assignment,voluntary sale,merger,consolidation or otherwise, of five percent(5%) or more at one (1) 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 interest to a corporation, partnership, limited partnership, trust or association or person or group of persons acting in concert. TRUNK LINE--The major distribution cable used in cable communications,which divides into feeder lines which are tapped for service to subscribers. UPSTREAM SIGNAL--A signal originating from a terminal to another point in the cable communications system, including video, audio or digital signals for either programs or other uses, such as security alert services, etc. USER--A person or organization utilizing a channel or equipment and facilities for the purpose of producing and/or transmitting material, as contrasted with receipt thereof in a subscriber capacity. § 152-4. Grant of franchise. A. Authority to grant franchise;terms. (1) Grant of authority. Pursuant to the authority of the Charter of the City and subject to the terms and conditions set forth herein,the Common Council of the City of Ithaca can grant revocable and nonexclusive franchises,acting pursuant to the City's applicable Charter provisions, ordinances, rules and regulations,to construct and operate a cable communications system in,under,over,along,across or upon the public rights-of-,way within the City of Ithaca for the purpose of reception,transmission,collection,amplification,origination,distribution or redistribution of audio, video, data or other signals and for the development of broadband telecommunication services in accordance with the laws of the City of Ithaca,the State of New York and the United States of America. In the event that the City shall grant to the Grantee a nonexclusive, revocable franchise to construct, operate and maintain a cable communications system within the City, said franchise shall constitute both a right and an obligation to provide the services of a cable 11 communications system as regulated by the provisions of this chapter and the franchise. The franchise shall include by reference those provisions of the Grantee's proposal that are finally negotiated and accepted by the City and the Grantee.--A Franchtse_'g rated pursuant to this.Chapter shall not autht sze Grante,e tt('rape to r own a teleci mmunications system at°provic teleeonimtmicatioigs services; (2) Noninterference. In exercising rights pursuant hereto, the Grantee shall not endanger or interfere with the lives of persons or interfere with any installations of the City, any public utility serving the City or any other person permitted to use thepublic.rights�f�?trs nor unnecessarily hinder or obstruct the free use of the public rights-of wa . The grant of one (1) 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 p public°,rightsT6f,way. 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 or discontinuance of the appliances used by the cable communications system in the streets, alleys, avenues and highways of the City as shall, in the opinion of the Common Council, be necessary in the public interest. (3) Nonexclusivity.Any franchise is nonexclusive and shall not affect the right of the Common Council to grant to any other person a grant or right to occupy or use the streets or portions thereof for the construction and operation of a cable communications system within the City or the right of the City to permit the use of the streets or public grounds of the City for any purpose whatever. No privilege or power of eminent domain is bestowed on the Grantee by the grant of a franchise. (4) Compliance with city ordinances. Any franchise granted by the City is hereby made subject to the general ordinance provisions now in effect and hereafter made effective. Nothing in the franchise shall be deemed to waive the requirements of the various codes and ordinances of the City regarding permits, fees to be paid or the manner of construction. (5) Open video system (OVS). .. Any;franchise.granted far,, ,, S shall comply with allsections:of this..Chapter, unless precluded from compliance with specific:sections by Federal law or regulation.. B. Use of public streets and ways. For the purpose of operating and maintaining a cable communications system in the City,the Grantee may erect, install, construct, repair, replace,reconstruct and retain in, on, over, under, upon, across and along the public streets and ways within the City such wires, cables, conductors, ducts, conduits, vaults, manholes, 12 amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary to the operation of the cable communications system;provided, however,that the Grantee complies with all design,construction, safety and performance provisions contained in this chapter, the franchise and other applicable local ordinances. C. Use of Grantee facilities. No poles shall be erected by the Grantee without prior approval of the City with regard to location,height,type and any other pertinent aspect. However no location of any pole of the Grantee shall be a vested right, and such poles shall be removed or modified by the Grantee at its own expense whenever the City determines that the public convenience would be enhanced thereby. The Grantee shall utilize existing poles and conduits where possible. D. Franchise territory. The franchise territory shall be the entire City or portions thereof for which a franchise is granted under authority of a franchise agreement.The service area shall be the entire territory defined in the franchise agreement. E. Term of franchise. The term of the franchise shall commence as specified in the franchise and shall continue for a period specified in the franchise, unless sooner terminated, as provided in the franchise. The value of the franchise at the end of the term shall be zero, and no property right shall be conferred by the franchise itself. F. Franchise required. No cable communications system shall be allowed to occupy or use the streets of the City or be allowed to operate without a franchise. G. City's right to perform public works. Nothing in this chapter or 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,the Grantee 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. H. Emergency removal of plant. 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 the Grantee. I. Removal and relocation. The City shall have the power at any time to order and require the Grantee to remove or relocate any pole, wire, cable or other structure that is unnecessarily dangerous to life or property. Restoration shall be made to as good a condition or better. In the event that the Grantee,after notice, fails or refuses to act within a reasonable time, the City shall have the power to remove or relocate the same at the sole cost and expense of the Grantee. 13 J. Removal or abandonment.Upon termination of the franchise by the passage of time or otherwise and unless the Grantee transfers the cable communications system to a subsequent Grantee approved by the Common Council, the Grantee shall remove its supporting structures, poles, transmission and distribution systems and all other appurtenances from the sfteets and publie grotmdspublig rights-of-t y and shall restore the area 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 the Grantee's expense, less any recoverable salvage value. K. No waiver of rights.No course of dealing between the Grantee and the City nor any delay on the part of the City in exercising any rights hereunder shall operate as a waiver of any such rights of the City or acquiescence in the actions of the Grantee in contravention of such rights,except to the extent expressly waived by the City or expressly provided for in the franchise. L. Timevis of the essence to this chapter herieyer the:�rdinance shall set,forth any time fear:an:act=to be performed;by�,,car,on behalf,of.tkte Cantee, such,time shall be deemed of;the essence and,any failure of the Granteee to matenally perform-within the time allotted,shall be sufficientground for the City to invoke an appropriate:.penalty inetuding possible,revo tion,:,cofthe-',Franchise, subject to notice and a time,to cure. M. Limitation on use of financial commitments. Any financial commitments obtained by the Grantee which have been confirmed to the City pursuant to the franchise shall be used solely in connection with the construction, rebuid -upgrade operation or maintenance of the cable communications system or the Grantee's performance of the terms, obligations and conditions of this chapter and the franchise. N. Transfer of ownership or control. (1) Transfer of franchise. Any franchise granted hereunder cannot in any event be soldi',either in whole or in'part,transferred, leased, assigned or disposed of, nor,shalFtitle to the cable communications system,legal or equitable,or any right, interest or property,therein, including but not limited to by force or voluntary sale, merger, consolidation,receivership or other means,without the prior consent of the City. (2) Transfer of control or ownership. The Grantee shall promptly notify the City of any actual or proposed change in control of the Grantee. "Change in control" means transfer. The word "control," as used herein, is not limited to major stockholders but includes actual working control in whatever manner exercised. 14 (3), Ownership Grantee sh 1 pat sell,transferor dispose of f ve percent:(5IYq)-or greeter o awl p mere n the+grantee or mare,,at one time„of the, ownership or controlling; tere t iri the s st r ar,'twenty,percent: � %) cumulatively-over the term Qf them, of Franchise „sugh�iYiterests to a corporation, � „ partnershipjimitedl partnerships frost or association,or person or getup of persons acting in concertwithoutthe consent of City: Every Salo,,transfer,Or cl position.of five per %)"or,more at anyone time or twenty percent(29!�o)CUT i ivel*+fiver the tprm as specified herein, shall make the Franchise subjectto,,caneeilation�q e s the epty shall have consented:,thereto (4) City authorization. Prior City authorization is required for every change, transfer or acquisition of control of the Grantee. City consent will not be unreasonably withheld. For the purpose of determining whether 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 the Grantee 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 `Z"lie City reserves the right to impose conditions on the.transferpas are considered;appropriate,by the City Such conditionsxray include, but are;:not:limited: to, a requirement<that the prospective F.transferee reimburse the:City,'', -,reasonable direct costs in processing_.the txan, er: request] requiring that the transferee assume,responsibility;for any,non-compliance by the Grantee, and. requiring that a,guaranty be furnished by the proposed transferee's parent corporations. No transfer.for which the City's-consent,is required may,occur until the successor,assignee orjessee has complied or,agreed to,comply with all of the requirements of this Chapter;including,butnot`liinited to-providing certificates of insurance,unless the'Common Council waives such compliance. (5)'°-. Requests for cbnsentlprocedurelrestrietions If the Grantee.seeks:to' obtain the-consent of the City to any,transactions or.matters described-here; the Grant ahal1.submit a request for such.consent d a copy of the FCC Farm 394 and applicable exhibits to the City. The Grantee shall provide information to the transfer;transferee;and current operations,as required lythe City... (6) Assumption of control. 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 ensure 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 15 period exceeding one (1) 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. (7) City approval of leases. The Grantee shall not leasse or°subbase this Chapter.or=any of"the rights or privileges,granted.or author by tln F Chalater without the,City's`consent as expressed by Franchise. However,,,the Grantee may enter into leases©rsubleases not affecting the Ordinance,or rights and privileges thereunder, in the ordinary;,.condu t:of its bus es, and„may enter such leases or subl ses wi th Other City`franeh ee's, withou the City s consent, so long Eas the Grantee rernains solely,responsiblefor locating,servicing,�repa ,ng,wrelpeat ng pr removing its cable.eom unications,system, (8) No waiver of rights. The consent or approval of the City to any transfer of the Grantee 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. (9) No transfer prior to completion of construction. 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. (10) Franchise signatory. Any approval by the City of transfer or ownership or control shall be contingent upon the prospective controlling party becoming a signatory to the franchise. (11) Time frame. If required by Federal 14whe City shall act on a request to transfer the franchise within one hundred twenty (120) days of the Grantee's presentation to the Common Council requesting a transfer or assignment. The City's approval of any transfer or assignment shall not be deemed an approval of the purchase price. § 152-5. Regulation of franchise. A. General. The City shall exercise appropriate regulatory authority under the provisions of this chapter and applicable law. This authority shall be vested in the e EotinerlMayor or itshis or, her designee to provide day-to-day administration and enforcement of the provisions of this chapter and any franchise granted hereunder and to carry out the City's responsibility with regard to cable communications. The City may from 16 time to time adopt such reasonable rules and regulations that it may deem necessary in the exercise of its municipal powers. B. Regulatory authority. The City shall have the responsibility for the administration and enforcement of this chapter and the franchise, including but not limited to the following duties,powers and authority,which may be delegated at its discretion: (1) To administer and/or enforce all provisions of this chapter and any franchise granted hereunder. (2) To receive and investigate complaints regarding substandard service and to initiate any action necessary pursuant to this chapter or the franchise or any applicable law or regulation to correct the service deficiencies. (3) To represent the City's interest before local, state or federal government agencies in cable communications matters. (4) To receive, evaluate and file all data and reports required by this chapter and to rule on such matters as appropriate under this chapter and state and federal law or regulation. The City is hereby authorized to require adjustment to any fee, bond or insurance coverage or amount or charge contained herein not more frequently than biannually,without hearing,to compensate for inflation or to reflect changing liability limits; provided, however, that the City shall notify the Grantee prior to and after requiring such adjustment. Inflation shall be calculated in accordance with the regional consumer price index. (5) To inspect at any time all construction, installation and ongoing operation of the cable communications system and to make such tests as it reasonably deems necessary to ensure compliance with the terms of this chapter and the franchise and other applicable laws and regulations. (6) To conduct public hearings and evaluation sessions as required under this chapter or as otherwise necessary for the proper effective administration of this chapter. (7) To appoint and furnish staffing for one (1) or more advisory committees to provide advice, recommendations and other appropriate public input to the effective administration of this chapter and the franchise. (8) To receive applications for rate increases,if the City has the authority to regulate rates,and to provide staff assistance in the analysis and recommendations thereto. 17 (9) To monitor the Grantee's adherence to operational standards and service requirements. C. Rights reserved;to.the grantor. (1) purelWe.fupoiitermination or"'I rent' The price-fio be paid o the Grantee,upon anacquisit on,by',*City or if the City-effeetsA transfer of ownership of ther'system to another person„shall depend�the.nu ure,of the termination.If the,Franchise expires without 'any fequest'by the Grantee,pursuant to Section 626(a)(1):ofzthe Cable Act°(47 L1a .C. § 6(a)(1)) that:it.be r6newed,.or if the renewal of the Franchise is otherwise denied, then the.price shall-`be fair market value,determined on the basis of#OMtem:valued as agoing concern but with no value allocatedto:the Franchise itself(%e.,:the fair arket,vO iifthe system valued as a going concern,with a deduction for the value allocated to the Franchise itself).: If the termination,is due to the revocation of the Franchise for cause;then the price shalbe=an equitable price,and with no value allocated to;the Franchise itself (2) Purchaser rights. Upon payment of the°purchase price,the Grantee shallimrnediatcly transfer to the City all contracts,leases,licenses,permits and any other assignable rights necessary,tq'maintain o " tin mty of ervice to the public and transfer possession and title to all facilities and property real and personal"related to its cable communications system free from any and all liens and encumbrances not agreed oto be assumed by the City in the negotiation of the.sale. (3) Right,of;intervention :The'Cit shallhave the rightofintervention:in any suit or proceeding to which the Grantee-is party and in which the City,shall have a material interest.: The Grantee shall not oppose-such interventon`by the City.; D. Police:powers. (l) Police powers. In accepting a Franchise,the Grantee:acknowledges that its rights hereunder are subject to the police power of the City to adopt and enforce general'ordinance necessary ,to the safety,and elfare.ofthe public;:and it agrees.to comply with all applicable general laws and'ordnances enacted by the City pursuant to such power. (2) Conflicts, ;Any conflict between the provisions ofthis"Chapter or the Franchise and any,other present or future lawful-exercise of the.Crty's_police powers shall be resolved:in favor of the latter, except Ahat'any such°exercise that is not of general application in thejurisdiction or appl exclusiyely,to the.Orrante,or cable communications systems which°contain provisions inconsistent with this Chapter shall prevail only if, upon such- exercise, the City finds an emergency,exists 18 constitute#g,aAanger to health, *y,,property or,general welfare and such'exercise is mandated'bylaw. E. Performance evaluation. (1) The City and the Grantee shall, at the discretion of the City, hold annual performance evaluation sessions. All such evaluation sessions shall be open to the public. (2) Topics which may be discussed at any scheduled or special evaluation session may include but not be limited to system performance, Grantee compliance with this chapter and the franchise, 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. (3) Grantee shall notify its subscribers of all evaluation sessions by announcement on at least one (1) channel of its cable communications system between the hours of 7:00 p.m. and 9:00 p.m. for five(5)consecutive days preceding each session. (4) During review and evaluation, the Grantee 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. F. Response to city inquiries. In accordance with the terms of this chapter and the franchise, the City may, at any time, make reasonable inquiries concerned with the management and affairs of the cable communications system. The Grantee shall respond to such inquiries in a timely fashion. G. Quality of service. (1) Where the City has questions about the reliability or technical quality of cable service,the City shall have the right and authority to require the Grantee to test,analyze and report on the performance of the cable communications system. The Grantee 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. 19 (c) The equipment used and procedures employed in testing. (d) The method,if any, in which such complaint or problem was resolved. (e) Any other information pertinent to said tests and analysis which may be required. (2) 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 the Grantee. The Grantee shall reimburse the City for the costs of such engineer if the tests performed show that the quality of service is below the standards set forth in this chapter or the franchise. H. Liquidated damages. For the violation of any of the following provisions of this chapter, the City shall notify the Grantee, in writing, of the violation, and the Grantee shall be allowed not less than thirty (30) days, or such greater amount of time as the City may specify,to correct such violation. (1) In the event that the Grantee 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 the Grantee, shall be chargeable, to the extent available,to the letter of credit or bond tendered by the Grantee within the aforesaid period of time. These liquidated damages shall be in addition to and not a limitation upon the other penal provisions of this chapter,including penalties or revocation, or other statutorily or judicially imposed penalties or remedies. (a) For failure to complete construction and installation in accordance with the franchise: one hundred dollars($100.)per day. (b) For failure to submit reports or supply data in accordance with this chapter: ten dollars($10.)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 chapter above: twenty-five dollars ($25.) per day for each day or part thereof that such noncompliance continues. (d) For failure to provide the capital equipment and the facilities and services for public,educational and governmental access, as specified in the franchise: seventy-five dollars ($75.) per day or part thereof that such noncompliance continues. 20 (2) 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 the Grantee 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. I. Consumer remedies. (1) In order to promote compliance with this chapter and the franchise, cable communications subscribers under the franchise shall have the following rights and remedies in addition to any other remedies which may be available as a matter of law or equity to subscribers or others affected by the acts or omissions of the Grantee. For example, this section is not meant to limit remedies available to subscribers under applicable laws governing consumer fraud or to limit remedies which may be available if,as a consequence of the acts or omissions of the Grantee, a resident loses utility services. Similarly, the remedies specified are not meant to limit any authority subscribers may have to enforce other terms of the franchise against the Grantee. (2) This section is in addition to any damages, remedies or other action which the City may take pursuant to its rights under the franchise or pursuant to its general police powers or in the exercise of its rights under cable consumer ordinances or regulations which exist now or may be adopted during the term of this chapter. (a) If the Grantee fails within ten (10) days to pay a submitted repair bill on any damage it causes to property, including damage which occurs during the course of stringing or burying cable or repairing cable, the owner of the property shall be entitled to recover trebel damages, and in any event no less than one hundred dollars ($100.), for the period when the property remains in such unrepaired or unsafe condition. The Grantee shall be deemed to have left the property in an unrepaired or unsafe condition if the Grantee fails to repair damage to the property or to eliminate the unsafe condition within twenty-four (24) hours after causing such property to be damaged or after creating the unsafe condition. (b) If the Grantee fails to provide any notice which may be required by the City, the subscriber shall be entitled to recover trebel damages for such failure. (c) If the Grantee violates the privacy rights of any subscriber,the subscriber shall be entitled to receive trebel damages,and in any event no less than five hundred dollars ($500.), for each such violation. 21 (d) In any event where the City determines that the Grantee has improperly discriminated in its rates and charges for service,the City, after giving the Grantee notice of hearing and an opportunity to be heard, shall identify the applicable nondiscriminatory rate; the subscribers which have been adversely affected by the discrimination shall be entitled to a refund equal to trebel any amounts paid over the nondiscriminatory rate plus interest at the prime rate. (e) The Grantee shall keep a record of the date and time it receives requests for service which require it to obtain access to the home of a subscriber or potential subscriber and shall also keep a record of the appointments made with such subscriber or potential subscriber to provide service. Any occasion on which the Grantee or its agent does not cancel the appointment with the subscriber and fails to arrive at the home of the subscriber or potential subscriber during the appointment period shall be considered a missed appointment.The subscriber or potential subscriber with whom the appointment was missed shall be entitled to damages of fifty dollars ($50.) for each appointment missed. (f) If the Grantee fails to substantially follow the procedures for disconnecting a subscriber, as set forth in this chapter and/or the franchise, the subscriber who was improperly terminated shall be entitled to receive trebel damages. (g) If a cable subscriber does not receive service for more than a four-hour period, the affected subscriber shall be entitled to recover trebel damages. (3) In addition to the foregoing, if any subscriber is required to bring judicial proceedings to enforce his/her rights and remedies set forth herein and is ultimately successful in such judicial proceedings,then that subscriber is entitled to recover all reasonable attorney's fees and expenses incurred in the prosecution of such judicial proceedings as fixed by the court. Notwithstanding anything herein to the contrary, if the Grantee notifies the subscriber, in writing, not less than ten(10) days before the initial appearance in any judicial proceeding that it will not use an attorney in that proceeding and thereafter does not use an attorney, then the subscriber should not be entitled to recover any attorneys fees and expenses. 22 OPTION 1 f REVOCATION J. Determination of breach. (1) In the event that the City has reason to believe that the Grantee has defaulted in the performance of any provision of this chapter or the franchise, except as excused by force majeure, the City shall notify the Grantee, in writing, of the provision or provisions which the City believes may be in default. The Grantee shall have thirty (30)days from the receipt of such notice to: (a) Respond to the City, in writing, contesting the Grantor's assertion of default and providing such information or documentation as may be necessary; or (b) Cure any such default or,in the event that,by the nature of the default, such default cannot be cured within such thirty-day period, to take reasonable steps to cure the default and diligently continue such efforts until said default is cured.The Grantee shall report to the City,in writing,at thirty- day intervals as to the Grantee's efforts, indicating the steps taken by the Grantee to cure the default and reporting that Grantee's progress, until such default is cured. (2) In the event that the Grantee fails to cure the default within the stated period, the City shall convene a public hearing, on reasonable notice, at which hearing the Grantee may be heard and after which the City shall specify the complaint against the Grantee;thereafter,the City shall appoint an impartial person to act as fact finder, who shall fix a date for a hearing at which evidence shall be received and a record kept of evidence of the complaint. The fact finder shall report, in writing,to both parties with his/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 determines that the Grantee is in default of any such provision of this chapter or the 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 chapter,including,without limitation,the performance bond and/or the letter of credit; provided, however, that 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 fact-finding hearing. (b) Commence an action at law for monetary damages, including the expenses of the fact-finding hearing. 23 (c) Declare the franchise to be revoked and order the Grantee 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. (d) Seek specific performance of any provision which reasonably lends itself to such remedy as an alternative to damages. (3) The Grantee may seek recourse as available by law or regulation. K. Off t.of pending litigat�onx.' Pending litigation or,any appeal to any regulatory body orltourt having jurisdiction over the Grantee shall not excuse the Grantee from the performance of its obligations=under this Chapter or the.Franchise,except,as may be otherwise provided by court order or stay. Failure of the Grantee,to perform"such obligations because of pendiog1itigatxori or petition nii y result in forfeiture,<revocat on,,or suspension pursuant to the provisions of this Section. 0PT10N'2 REVOCATION J, Grounds for revocation _The City reserves the right to.revoke any Franchise granted hereunder.and rescind all rights and privileges associated with the Franchise in the following circumstances, each of which shall represent:;a.default-,ani.. breach under the Ordinance and the Franchise grant: (1) If the ,Grantee shall default 'in the perfQrrnance pf any of'the material Qbligations under this .Chapter, the-,F,,ttile, o under such.docurnents contracts and other terms and provisionentered into lay and ween the City and the,Grantee, (2) If the Grantee shall hil to=provide or maintain,iii,%full force and effect the liability and indemnification coverage or the performance bond as required Herein. (3) If the Grantee shall violate any orders,or rulings of any regulatory :body havingjurisdiction over the Grantee relative'to`thisChapter or the Franchise. (4) If the Grantee evades any.of the provisions of this Chapter or the Franchise or practices any fraud er.deceit upon the City or,cable subscribers, (5} The :Grantee's construction scheduledelayed later than the schedule contained in the Franchise or beyond any extended date set by the City. 24 (6) Thef Grantee becomes;invent, unable or unwilling topay 1tsdebts.or ss adjildged bankrupt:, (7) Failure to restore system wid .or area specificevice after ninety:six(96) y_ consecutive hours cif interrapted service, except when approval of'such mte"ption is obtained from the City-or if th Grantee ceases to operate and provide services or any reason within the;control'al'#he'frraYit ,. (:$} Material misrepresentationoffact in the, foo or negotiation of the Franchise or,any extension or renewal thereof. (9) Tf the Grantee;ceases.to provide.services over the cable communications . . system f6r any reason within the control of Grantee. (10) Failure to,provide subscribers or users with adequate service"in the best interest of'the public convenience and welfare. (11)- : Failure by the Grantee to-obtain,maintain at all times,and fully comply with a pale use agreement or other appropriate agreement with the City of Ithaca and/or any othernecessary parties for gage of poles or other appropriate facilities necessary to the satisfactory operation of the cable communications system: (12) Failure by the„Grantee to comply with the acces*provisions of this Chapter or the Franchise. K. Effect of circumstances beyond control of the grantee .,_TheGrantee shall not be declared aor be subject to any sanction under any provision-of this Chapter in any case, in which performance of any such prevision is prevented by reasons beyond the Grantee`s control_ ,A fault shall:.not bei.,deemed to„be beyond-.the Grantee's control if committed by a:corporation or other business entity in which the Grantee holds a controlling interest whether hold directly or,indirectly. L. Effect of pending litigatifln. Fending litigation or any appear to any regulatory body or court having jurisdiction aver the Grantee shall not excuse the-.Grantee from the performance of its obligations'under:this Chapter or the Franchise. Failure of the Grantee to perform;=such obligations because,of pending litigation:.©r petition-may result in forfeiture or revocation pursuant to the provisions of this section. M. Procedure prior to revocation. (1) The SCity shall make written demand that the Grandee comply-with any such requirement, lim tation'term, condition, rule or,reg elation or,correct any 25 action deemed cause for revocation.:If the''failure,refusal or neglect^of the Grantee continues for a period of thirty (30) days following such written demand,the City shall place its request for termination of the Franchise upon a regular Common Council meeting_agenda. . The City shallcause to be served upon such Grantee at least seven(7) days prior to the date of such Common Council meeting, a written notice of Viis intent to request such termination,and the time and place of the meeting,notice of which shall be published by the City at least once, seven(7)days before such meeting in a newspaper of general circulation within the City:, (2) The Common Council shall hear any persons interested therein, and shall determine in its discretion,whether or not any failure,refusal or neglect by the Grantee was with just cause. (3) If such failure, refusal or neglect by the Grantee was with just cause,.as defined by the City,the Common Council shall direct the Grantee to comply within such time and manner and upon such terms and conditions as are reasonable. (4) If the Common Council shall determine such failure,refusal,or neglect by the Grantee was without gust cause; then the Common Council.shall, by resolution,declare that the Franchise of the Grantee shall be terminated and bond forfeited unless there be compliance by the Grantee within ninety (90) days. N. Nonexclusivity of remedy. No decision by the City to invoke any remedy under this chapter or under any statute,law or ordinance shall preclude the availability of any other such remedy. O. Jurisdiction. 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. P. Notification. (1) The Grantee shall file with the City schedules which shall describe all services offered by the Grantee, all rates and charges of any kind and all terms or conditions relating thereto. Thereafter,the Grantee shall file with the City and notify subscribers of 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. unless 26 allcied by:the NYSDS. 1, No rates or charges shall be effective except as they appear on a schedule so filed. ( );: Tie Cirrtee slid pd rtoe �n � t the"pity d al subscribers cif any change in Ony channel,ass gnrnerit pr.in al se ice provided oyer any,=such camel,which-`-hotieeshall be prow decl`ni lata ( Q)days prior to the effective date of any such change: Q. Free connections. The Grantee shall provide upon request and free of charge the drops set forth in the franchise. The Grantee shall discuss the location of each connection with the proper officials of each such institution receiving free connection. R. Publication.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 the Grantee's business office and all other facilities.Nothing in this chapter 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. S. Credit for service interruption. In the event that the Grantee's service to any subscriber or user of leased channel space is interrupted for twenty-four (24) or more consecutive hours, the Grantee shall, in addition to any remedy set forth in Subsection G, grant expeditiously such subscriber or user a pro rata credit. T. Rate regulation.To the extent that federal or state law or regulafien may now or m" hereafter be wnended to authorize the Gity to regulate the rates for any partiettiffir serviee tiers, serviee paekftges,equipment or my other sp—li - .4ed by the Grantee,the Gity shall hwve the right to exereise rate regulation to extent authorized by law the first tier of serviee. For otheHiers of se.-.,;.-ee that may be ineluded in the basie stbseribe and the Grea-Aee shall negotiate the raft for the servie-e. When exereising rate regulatieft, the Gity shall eonsider,a4ortg with any other information it deems neeessm or appropriate, the fallowing f�eters i . ' or disapproving a rate ittereme reqttest, the ability of the Grantee to render ettbbl �---�_nieatiens system serviee; the effieieney of the Grantee-, the quality of+e serviee offered by the Grantee-,the fair vaitte eest of the eable eenmmmieafie system less depreeiafion; a fitir rate of return over the life of+e franehise with respeet to the Grantee's investment;the finaneitt! eommitments required to meet the terms of this ehapter and the franehise; the extent to whieh the Grantee has adhered to the terms of this ehVter,- YaRte eest for rate regulation purposes or otherwise. 44te Gity may retain rate eenstlitffitt it dee ttt_l 27 (:l) The Grantee,shall file with the City scliedules whr+ch shall describe:"all services,offered; all""rates.and-,charges of"any ix#d,:,and,all.ternrn�ss"and/,condrrious relating thereto. `I he- tee sll notify the1 aid k�sebs a Ming mast thirty(30)days prior to the hmplementarion'Pf any,change ori se vices rffered rates charges,or."terms'andcOnditio"lAtedtheretax (2}" The grantee sliali establish sties that are aondscrinatdry within the same general class of subscribers which must be 3agplied fa�rty and=un formly to all subscribers in the,Franchise area for all services." Nothing contained=°herein shall prohibit the from offering(i).disc ounts,to,eommcrcial:and multiple-.family dwelling,sot scribers billed on a bulk basis; (ii),.promotidnal discounts,(iii)reduced installation rates for subscribers who have:multiple services; or,(iv) discount for senior citizens and/or low income residents. The Grantee's-charges and rates for all services shall be itemized on subscriber's monthly,bills. (3) To the extent that,Federal or State law cr regulation may now,or as the same may hereafter be amended to authorize the City,to regulate the rates fair any particular"service tiers,service packages,equipment,or any other services provided by the>Grantee,the,City shall havethe.right to,exercise rate regulation to_the"full extent authorized by;law,,or to refrain from,exercising such regulation"for any period of time,at the-scale discretion "pfffie,City. (4): If,applicable;the City shall;have the"right:to petitiol the Federal Goxnmunicatio .Commission ar otherappropriate agency:or organization tp+obtain rate regulation authority or to petition the Federal body to review or,reg alatexates in the City: .___.. ........__:..... . U. Franchise fee entitlement. The City of Ithaca shall be entitled to receive from the Grantee a franchise fee of five percent(5%) of the Grantee's gross-C4tyannual revenue. V. Payment. The franchise fee established in Subsection P above shall be tendered as follows: Five percent (5%) of the Grantee's gross City revenue for successive three-month periods shall be tendered within forty-five(45)days after each such period. Said periods shall commence upon the execution of a franchise granted pursuant to this chapter. W. Franchise and renewal expense reimbursement. The Grantee is required to reimburse the City for the expenses of the franchising and renewal processes, such as consultant's fees, which are incidental to enforcement of the this chapter or the franchise. These requirements or charges shall not be considered part of the franchise fee. X. Affiliates' use of system.To the extent necessary to prevent the Grantee from diverting revenues from the operation of the cable communications system from the Grantee to the affiliates to the detriment of the City, affiliates,excluding any affiliate which provides 28 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. Y. Late payment. In the event that the fees herein required are not tendered on or before the dates fixed in this chapter, interest due on such fees 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. Z. Recomputation. 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 chapter or the franchise. All amounts paid shall be subject to audit and recomputation by an independent auditor 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 the Grantee 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. AA? Franchise fee in addition to other tax 4 .payz�ints� Franchise fees; shall be in addition-to'any other tax or payment awed to;,the g�v�; hhients or other taxing jurisdiction by the Grantee,unless such tax or payent-is deemed a Franchise fee under applicable:law. BB; ' Acceptance by the city. No acceptance of any payment by the City-shall be construed, s arelease oras an accord anal satisfacticn,of any cla4m the City may have for J. further or, additional sums payable as Franchise°"fee under°this Chapter or for the performance of any°other obligation,of thie,Grantee, CC. Right of inspection of records. The City shall have the right to inspect all books, records, reports, maps, plans, financial statements and other like materials of the Grantee as provided in this chapter at any time during normal business hours. DD. Right of inspection of construction. The City shall have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this chapter and other pertinent provisions of law. EE. Right of inspection of property. At all reasonable times and for the purpose of enforcement of this chapter and the franchise,the Grantee shall permit examination by any duly authorized representative of the City of all cable communications systems and facilities 29 together with any appurtenant property of the Grantee situated within the City and outside of the City if it is utilized in the operation of the City's cable communications system. FF. Franchise renewal. Upon completion of the term of any franchise granted under this chapter, the City may grant or deny renewal of the franchise of the Grantee in accordance with the provisions of the Cable Act and any other applicable federal, state and local laws. G.. Qpen access. Grantee agrees lyvith tO compall:X ? edeil,_stat+ and local requirements, aspect tQ nondiscriminatory, open accesic� Grntees cafiile communications-system for providers of hternet.access service, including but not limited to, any lawful apiong aent°to the City's Cable f, rdinance; provided, however;that prior,to the.:enactmen Uany such requirement ley t1*0ty; Grantee shall be given reasonable notice'and an opportunity to be heard, iluding the-:right to present evidence on any findings made by the City,with respect to such a:requirement. Grantee and..the City have not waived ar y rights, obligations, clamis, defenses-G or'remedies regarding-the City_of Ithaca's authority to_impose such conditions The Grantee also agrees-that the City may impose lan Open actress condition later, Yf such.a condition could.have bee`neurtilaterally imposed as a condition of the City's consent,pf:a transfer or by nrdnance,:pursuant::to statute:or legal present controlling in the-State of New York § 152-6. Performance bond,construction bond and letter of credit. A. Performance bond.Not later than forty-five(45)days after the effective date of the franchise,the Grantee shall obtain and maintain during the entire term of the franchise and any extensions and renewals thereof, at its cost and expense, and file with the City a corporate surety bond, in an amount specified in the franchise, to guarantee the faithful performance of the Grantee of all of its obligations provided under this chapter and the franchise. Failure to timely obtain, file and maintain said bond shall constitute a violation of this chapter. B. Construction bond. Ninety(90)daysprior.to construction,the Grantee,shall obtain Arid"n tain:durhY the+ i nst ion,.upgrade or rebuild of the cable communications system, at its cost and expense, and file with='the City, a cnnsgtruction bond iwarnounts specified:in the Franchise to guarantee the faithful performance of the Grantee of its obligations as specified below as it relates°to construction., Failure to timely:obtain,file,and maintain said bond shall constitute a violation within-the meaning of this section. C. Conditions. The performance and construction;,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 30 damages, losses,costs and expenses suffered or incurred by the City resulting from the failure of the Grantee to faithfully comply with the provisions of this chapter and the franchise; to comply with all lawful orders, permits and directives of any City agency or body having jurisdiction over its acts or defaults; to pay fees due to the City;to pay any claims due the City as resulting from judicial action; or to 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 bonds shall be forfeited in favor of the City in the event that: (a) The Grantee abandons the cable communications system at any time during the term of the franchise or any extension thereof. (b) The Grantee assigns the franchise without the express written consent of the City. D. Reduction of bonds. Upon written application by the Grantee or as otherwise specified in theFranchise,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 the Grantee shall be without prejudice to the Grantee'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 the Grantee within one (1) year of any prior application. E. Letter of credit. In addition to the performance bond required pursuant to Subsection A above,the City may, in its discretion, require the Grantee to obtain, maintain and file with the City an irrevocable letter of credit from a financial institution licensed to do business in the state, in an amount specified in the franchise, naming the City as beneficiary. The form and contents of such letter of credit shall be approved by the City and shall be released only upon expiration of the franchise or upon the replacement of the letter of credit by a successor Grantee.Failure to obtain the letter of credit within the time specified herein shall constitute a violation of this chapter. F. Conditions. The City may draw upon the letter of credit if the Grantee fails to faithfully comply with the provisions of this chapter and the franchise; comply with all orders, permits and directives of any City agency or body having jurisdiction over its acts or defaults pay fees due to the City;or 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. 31 G. Use of performance and construction bonds and letter of credit. Prior to drawing upon the letter of credit or the performance bond or the cppnstrupl t t�bC►t�d for the purposes described in this section,the City shall notify the Grantee, in writing,that payment is due, and the Grantee shall have thirty(30)days from the receipt of such written notice to make a full and complete payment. If the Grantee does not make the payment within thirty (30)days,the City may withdraw the amount thereof,with interest and penalties, from the letter of credit and the performance bond. H. Notification. Within three (3) days of a withdrawal from the letter of credit or performance bond or constrciction bong, the City shall send to the Grantee, by certified mail,return receipt requested, written notification of the amount, date and purpose of such withdrawal. I. Replenishment of letter of credit and performance and construction bonds.No later than thirty (30) days after mailing to the Grantee, by certified mail, notification of a withdrawal pursuant to Subsection F above, the Grantee shall replenish the letter of credit and/or performance bond and/or construction bond in an amount equal to the amount so withdrawn.Failure to make timely replenishment of such amount to the letter of credit and/or performance bond shall constitute a substantial violation of this chapter. J. Nonrenewal,alteration or cancellation of letter of credit or performance bond or constructi4n hone . The performance bond;construtgn bond,and letter of credit required herein shall be in a form, satisfactory to the City and shall require thirty (3 0) days' written notice to the City of any nonrenewal, alteration or cancellation to both the City and the Grantee. The Grantee shall, in the event of any such cancellation notice, obtain, pay all premiums for and file with the City written evidence of the issuance of a replacement bond(s) or peReyletter of credit within thirty (30) days following receipt by the City or the Grantee of any notice of cancellation. K. Inflation compensation. To offset the effects of inflation,the amounts of the bond and letter of credit provided for herein are subject to reasonable increases at the end of every three-year period of the franchise, applicable to the next three-year period, upon the determination of the City. Inflation compensation shall be computed in accordance with the regional consumer price index. L. Recovery.The City shall not seek recovery from the performance bond or the construction bond, or the letter of credit until it has provided the Grantee with thirty (30) days to cure any default. 32 § 152-7. Liability, insurance and indemnification. A. Terms of liability and insurance. (1) Prior to commencement of construction but in no event later than sixty (60) days after the effective date of the franchise and thereafter continuously throughout the duration of the franchise and any extensions or renewals thereof,the Grantee 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 chapter. (2) To the extent provided in the franchise agreement, any insurance policy obtained by the Grantee in compliance with this section shall be filed and maintained with the City Clerk during the term of the franchise and may be changed from time to time to reflect changing liability limits and/or to compensate for inflation. (3) Neither the provisions of this section nor any damages recovered by the City hereunder shall be construed to limit or shall limit the liability of the Grantee under any franchise issued hereunder for damages. (4) The Grantee shall provide the City with written notice of its intention to cancel or not renew any of the insurance policies maintained pursuant to this chapter or the franchise. (5) The franchise shall include the provision of the following hold- harmless clause: "The Grantee 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 arisen out of or in connection with the work covered by this agreement. The foregoing indemnity shall apply except to the extent that 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." 33 (6) All insurance policies provided under the provisions of this chapter or the franchise shall be written by companies authorized to do business in the state and approved by the state. (7) To the extent provided in the franchise agreement,at any time during the term of the franchise, the City may request and the Grantee shall comply with such request to name the City as an additional named insured for all insurance policies written under the provisions of this chapter or the franchise. (8) To offset the effects of inflation and to reflect changing liability limits, all of the coverages, limits and amounts of the insurance provided for herein are subject to reasonable increases at the end of every three-year period of the franchise, applicable to the next three-year period, upon the determination of the City. Inflation compensation shall be computed in accordance with the regional consumer price index. B. General liability insurance. [Note: Linderreview by City'6f Ithaca Risk Manager.] (1) The Grantee shall maintain and, by its acceptance of any franchise granted hereunder,specifically agrees that it will maintain throughout the term of the franchise general liability insurance insuring the Grantee in the minimum of: (a) One million dollars (1,000;000) for property damage per occurrence. (b) GneTwo million dollars ($+2,000,000.) for property damage aggregate. (c) One million dollars ($1,000,000.) for personal bodily injury to any one (1)person. (d) Two million dollars ($2,000,000.)for bodily injury aggregate per single accident or occurrence. (2) 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. C. Automobile liability insurance. The Grantee shall maintain and, by its acceptance of any franchise granted hereunder, specifically agrees that it will maintain 34 throughout the term of the franchise automobile liability insurance for owned, nonowned or rented vehicles in the minimum amount of: (1) 9neTwo million dollars ($4-2,000,000.) for bodily injury and consequent death per occurrence. (2) One million dollars ($1,000,000.) for bodily injury and consequent death to any one (1) person. (3) Five hundred thousand dollars ($500,000.) for property damage per occurrence. D. Workers' compensation and employer's liability insurance. The Grantee shall maintain and,by its acceptance of any franchise granted hereunder, specifically agrees that it will maintain throughout the term of the franchise workers' compensation and employer's liability insurance,valid in the state, in the minimum amount of: (1) The statutory limit for workers' compensation. (2) 9neFive hundred thousand dollars ($4-500,000.) for employer's liability. E Insurance-:for contractor and.�ubcontractors. ..The Grantee shall provide coverago for any contmotor or sulacontr for involved in the construction, installation, maintenance or operation of:its cable communications system;by,either obtaining the necessary endorsements to its insurance policies or requiring such contractor or,subcontractor to obtain appropriate insurance coverage consistent with this Sectiontand apptapriate:to the extent of its;involve ment in the construction; installation;maintenance or.operation of the Grantee's cable communicatrons system: F Payrnnt. The; Grantee= shall be solely .responsibly.for, payment-.;of all premiums:for utisursnce,cantribut�ng to the satisfaction of Frranclu p this,CI!Apter and shall be solely responsible for theypayment of any deductiblufandlor retention to which such policies are subject,;whether or riot City—AS an:insured-under,the pol4. G. l 6,1imitation on liability, Mone of the previsions of this Chapter,or,any insurance policy required herein,or any:damages recovered by the City hereunder, shall be construed to excuse the faithful„performance by or limit;,-the- liability'of the Grantee for damages;.under this Chapter or the Franchise.: 35 H. Indemnification. (1) The Grantee 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: (a) To persons or property arising out of or through the acts or omissions of the Grantee, its servants, agents or employees. (b) Arising out of any claim for invasion by the Grantee, its servants, agents or employees of the right of privacy, 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. (c) Arising out of the Grantee's failure to comply with the provisions of any federal, state or local statute, ordinance or regulation applicable to the Grantee in its business hereunder. (2) The foregoing indemnity is conditioned upon the following: The City shall give the Grantee 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 the Grantee and participating in the defense of any litigation by its own counsel at its sole cost and expense. § 152-8. Subseriber and user rightsCon�#nter protection standards. A. Campliax c6 with law„,,,” ,regulation The.Grantee shall comply with°all Federal and NY815PS.laws and rdgularians, as,-,'well as with 9'V,',1. des...of good practice t*rogula e tl a GrranteeIS customer service 11respc?ns b ities. ;°In the event of cvnflictiz geprovisians,the Grantee s4411,comply wi&the provision estabiishing'a stricter standard. B. Subscriber solicitation. Each representative or employee of the Grantee entering upon private property shall be required to wear an employee identification card issued by the Grantee and bearing a picture of said representative. C. Sales information. The Grantee shall provide to all subscribers annual and to 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 36 of any agreement for installation of service. Such sales material shall clearly and conspicuously disclose the price and other information concerning the Grantee's least costly service. Such information shall be written in plain English and shall include but shall not be limited to the following: (1) All services, tiers and rates. (2) Deposits, if applicable. (3) Installation costs. (4) Additiona4 television set eharget. 4) Service upgrade or downgrade charges. (5) devices. (6) The required time periods for the completion of installation requests, consistent with.,these consumer protection; standards;"and:an.° indication of the penalties for failure to complete installlation within such:t m periods, (a) The complaint resolution process. (b) The prc ures by which the subscriber Will be notified"of any rate�increase. (c), The local ,m ers��.for, the . rantce's;.spbscribe -."service telephone system ,(d) A description of significant rights., ccorded to the subscriber pursuant to"applicable~law. (7) A complete statement of sthe subscriber's fight to privacy in confomauce:with 47 U.S.C.Section 631. (8) Information concerning the utilization of video cassette recorders (VCR's)with cable service(s) and the cost for hooking up such VCR's. (9) Other Information required by the New York..,State Department of Public Service. D. Billing practices information.The Grantee shall inform all subscribers annual and all prospective subscribers or users of complete information respecting billing and 37 collection procedures, procedures for ordering changes in or term*' 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. E. ReThe Grantee sha11respondto all written billing,inquiries within one week. F. Depczsits. Any deposYt squired by the Grantee shall bearnteret ata rate'6f not less than the then prevailing commercial rate ofinterest G. 'E=mail. The Grantee shall main in E-mail s *i ackfiowled messages within the:next business day'and respond as required in this franchise:,agreement. 9. Notiee of installation. The Grantee shall ittform all persarts in a4yanee of the dehe and approximate time its employee or agent shall enter onto stteh person's property fo the purpose of installing eable eammunieations serviee. Hwerity-fpur hour operation: , The system shall be designed for;reliable operation twenty-four (2 ).hours per day'and shall ensure service impairmeh due to interruption only for good,cause. I. Installation;:and service fees.,;Jnstallafions and service fees shall be equal-for all basic;service subscribers Installation or subscriber use of cablecommunications service which involves the retransmission,of the cables signal:to multiple,,.reception pointy Evia a privately qyj closed-circuit television distribution system shall be negotiated seliprately k by the Grantee and the-subscriber. J. Business office. The Grantee 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 be opeii-at least forty-five(4 ):-1tttus per week,ineludin some weekend and evenibg hours, anal have a publicly listed local telephone number and shall be open for both telephone and walk-in business Tlie..Grantee agrees.to extend business hours if necessary-,to meet the-needs of its subscribers:, The Grantee shall provide, all subscribers or users with at least thirty(3 0)days'prior written notice of a change in business office hours. K. Resolution of gmplaints to city. Upon receivinga subscriber complaint,the City may notify the Grantee .,If the,Grantee is notified by the Cityof such complaint,,the Grantee shall attempt to resolve such complaint and shall inform the'City'regarding the resolution of the complaint within five (5) business days. If action satisfactory to the subscriber is not takenby the Grantee, the City shall make an investigation to determine whether or not.there,is reason to credit the allegations. If.it is determined. after.such investigation'that°there is reason to credit the allegations of the complainant,the City shall 38 so notify the C' ntee and t e ggmpla t,and shall. rnm ly qnd o t e§PJ a the matter by conciliation persu*,94,,In.�he event such efforts are.not successful the i Mall hold a hearing to,deters me.wt ether�the Grantee has violate-deany provisinan g -,C-hapter,as provided herein.. L. Notice of complaint procedure. The Grantee shall periodically and at various times of the day present its business office address and publicly listed local telephone number by means of an alphanumeric display on a local origination channel. M. Response to service complaint.The Grantee shall respond to request for repair service no later than the next business day. System outages,whole or partial, shall be acted upon as soon as practicable. The Grantee shall keep a record of all such complaints in compliance with state law and shall provide the record to the City as requested. N. Unresolved complaints. Should a subscriber or user have a complaint which is unresolved after fourteen(14) days after notifying the Grantee thereof,the subscriber or user shall be entitled to file a complaint with the City, which shall have primary responsibility for the continuing administration of this chapter and the franchise and the implementation of complaint procedures. A representative of the Grantee shall be available thereafter to meet jointly with the City and the affected subscriber or user, within thirty (3 0) 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. All judgments and costs for attorney's fees will be paid by the Grantee. O. Notice of public meeting. 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 the 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 as will the Grantee by periodic announcement on the programming guide channel and on at least one (1) channel of the cable communications system between the hours of 7:00 p.m. and 9:00 p.m. for four(4)consecutive days during each such week. P. Subscriber privacy information. The Grantee shall at all times protect the privacy of subscribers, as provided in this chapter and other applicable federal, state and local laws. Q. People meter. No people meter shall be used without the express written consent of the subscriber. 39 R. Converters. The Grantee shall make converters available to subscribers for rent or purchase. The Grantee shall allow subscribers to purchase or rent converters from other vendors. The Grantee 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 the Grantee's cable communications system. Subscribers shall not be required to replace damaged converters rented from the Grantee if the damage resulted from fire, flood, earthquake or other natural disaster or an act of God. S. Internal wiring. The Grantee shall install and/or maintain internal wiring for subscribers. As of Mareh 1e89, The Grantee may own the internal wiring, or, at the subscriber's discretion, the subscriber may own the wiring. The Grantee shall allow subscribers or other vendors to install, own and/or maintain internal wiring. Any subscriber who duly notified the Grantee within the time period reasonably established and advertised by the Grantee may acquire ownership of the internal wiring at his/her premises without charge. In the event of signal leakage, the Grantee may terminate service consistent with federal law. T. Remote controls. The Grantee shall make remote control units available to subscribers to purchase or rent. The Grantee shall allow subscribers to purchase or rent remote control units from other vendors. The Grantee may provide remove control units to subscribers at no charge as a part of its package of services. The Grantee 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 the Grantee's cable communications system. Subscribers shall not be required to replace damaged remote control units rented from the Grantee if the damage resulted from fire, flood, earthquake or natural disaster or an act of God. 3;ui CT. Parental control devices.The Grantee shall proyide to the potential subscriber, as par.of its promotional literature, i*rmation concming-A availability of a lockout device for use by,a subscriber. ;-The Grantee shall provide tw subscribers, upon request parentat control devices that-allow any channel or channels to be locked out; The cost to subscribers"for parental'Ohtrol devices is'subject to FCC regulation.' V. Subscriber policies, The Grantee shall comply with all subscriber,policies in this Ordinance and the Franchise;The Grantee shall maintain a record on the disposition of all complaints and/or requests f0r.>repa1r .'Sai�i record shall.h -avaia lable;for inspection upon reasonable notice,,and,subnmitted to the;;City quarterly. 40 W ,�. Marker showin converter; dial"locations: The � rantee will provide subscribers;with a dial:lo atio&� rd for,,,,AU cable sez ic0s when channele44e Chan es,;at the time of installation'andvpor requcst.,thereafter. X. Installation;,The" ran q,under normal opt attri candihons, shall meet no less than ninety-five percent("?SN of t4 timermeasured cin a quarterly,basis,the�+�owmg service,standards; (1) Standard: nstallations vof up onehgnc cel fifty ( 50 feet from existing aerial,distribution piag"hall be performed"within seven(7):business days after an order s placed;:finless>a subst riber req ests a��ieular date beyond`severe (7)business,,&ys; ( Excluding condttionsz-;;beyond;cs�ntrgl �� the +�rr�ntee, a cable com unications system will(i)begin working on service interruptions promptly,and in no event later than twenty,flour(24)-hours after the"interruption becomes:known and(ii)begin action to°'co ,t.other service problems-the next business day after notification of the service problem or trouble'vall (3) The`"appointment window"alternatives for installations;.serq calls, and other:installation activities will be either"(i) sped c time, (ii) morning or afternoon hours,(iii)a four hourtone-block of time during"normal,business hours, (iv):eve*gsor,Satwdays;dur�rrnal business hours,,or„(v)at the option of^the Grantee” outside .cif normal business,;:hdurs for the express convenience,of the customer;,and, (4) I f the Grantee's representative is running late"for ori appoinirnent with a customer and. ill not be able to beep the appointment as scheduled,the=customer will be"contacted. The appointment will be rescheduled, as soon as possible? at,4 time which is convenient for the;customer consistent with paragraphs(1)'and;(2)of this subdivision, ( ) Service in,excess,of--15V andconeealed:Miring shall be charged at such cost as exceeds normal:installation costs-.The desire of the subscriber as to the point,,of- ry into the tesidence.or cpmm cj, establishment"-,location of pedestal shall.,be,observed whenever possible 9 Runs in building,inter c shall be as unobtrusive as possibleT'he Grantee shall use due care in the process of installation and shall repair any damage to the subscriber's property caused by said installation;. Such restoration,shall be undertaken;within-no mare"than ten (1 Q) days aftex the damage is°incurred and shall be completed as soon as.possiblelthereafter Y, j, Appointment window rebate,"Whenever a service call including an installation r r xecOnneet on,.,,is,nbt St rrttbd Withih the scheduled ,id- ntiAerit wifidowx!" herein, the 41 subscriber shall ,not be charged for-,such, -service call: including an installation or reconnection,. ,ser�rice-call: vaa:reshedulthhe sulcer' -coarent-lefcre the= close of business on the.business da ,prior q.the -initial scheduled "appointrnett window." Z. , Rep sting Infori ation to. demonstrate cornpl%ance xe ardin ,the service standards coW*d-4n this section measured on a quarterly t 4,-shall be reparted a the NYSDPS and fihe`City-and shall at a minimum-include . i}number of requests for standard in ,and number.,performed wi .seven(7)business days,(ii)number ofervice interruptions and number of service interruptions respopded to within and:after twenty-four (24) hours after notification; (iii) number of servicek calls to subscriber's residence for installations,.outages_and service calls performed and'nuntber performed as per subscriber requested time period,;(iv) number o installation ax s"rvice callg rescheduled, and (V) number of credits issued.for missed install atigp or service calls to,subscriber's premises,or such other infonaton that will document:compliance with such'dards. AA. Report due. Quarterly service reports shall be filed;with the Cite on April 15, July 15,October 15,and January:.l5 of each,year. jNpte,: 'heck wtth -cvrrtmuntties to,see if these reportsOdnd other consumer:=r�portr'should be provided,tp them; as ell,. as the NYSDPS.J BB, Stanlard:;gf:service for,the telephone system (1) The�Grantee shall°maintain a local to-,#free telephone,.access line which.will beavailable-to its subscribers;twent faur(2 )hours a day, seven days a week,pMyii ed,that,ti ned company representatives must be:availalale ton spc nd to callers. .................. (2) Under,normal operating conditions; the Grantee shall neet-Ahe followingi,telephone answer standards:, (a) telephone answer time-_by trained company representatives, including,wait-time,.,shall opt exceed thirty (30) seconds from when the connection:is made; (b) if a call needsto:be transferredtramber time shall not exceed thirty,(3%l seconds -.(c) callers will xeceive a busy signal less than thxee(3)percent of the-time;and (fir? requirements,-Of this part, be met,no less than ninety;(gU) POLO :of the time,meassuredvn a quarterly-basis. 42 The rate:of lost calls°ahall:riot exceed:three ( }percent i n any cneirmgnth period. No mare than twenty pent(2OO/Qiq t1 e U h l tr g an oved#9 device that,rolls rover calls on hold for mom ian 341l000nds into a message-,ecording:$ystem (3) Information to demcnstmme cornplianco-regarding telephone.answer standards:shall be reported tai" commission for normal business-.hours on Ia quarterly basis and shall include,at a minimums(i)the, ei ofdays trained company representatives were available to receive incomingYy alls (ii) the total number of calls reeei�I such days(iii)average length of titrie`a caller waits, hold before reaching a trained�cornpp p rept sen a (v t+ l weber of calls abandoned.by incoming,callers;and (v) percentage:of time callers`Teceived a busy signal when atteinptirig to reach the cable,�Onth unicatibns:syatem:or such other information that.will document compliance with such standards. (4) The Grant e..shall file quarterly reports to the City and mustmaintain for a period;of one (1)year,at the local offices, summary.of records suf 1p ent9 to measure and verify compliance=with quarterly telephone answer standards; Grantee shall file quarterlreports on telephone-anser stand with the.City on April 15,July 15,October 15 and January-15 cif each year: CC. . The format of a subscri aers'liill The Graritee shall abide h'.the following format requirements oit.subsdribers bills. (l) The bill shall be designed in such a way as to: the information contained therein clearly;and comprehensibly to subscribers: (2) The:bill shall.contain,itemized charges,four=each category of service and,equipment and`any installation of equipment,or facilities and monthly use thereof (together;"equipment"),,for which:`a charge, is imposed(including late,charges, if any),,an explicit due date,.the name and address oft Grantee and-tetephonc number for the-Grantee's,office.;responsble for inquiriesand billing,the telephone number specified by the City for the resolution of billing disputes,and the FCG CommuInity Unit"Identifier"Number, The gill shall:state the billing:period; amount of:current billing and appropriate credits€lrpast clue balances, any. (3) ,, The Grantee shall not charge"otentiat subscriber pr subscriber for any service or equipment that the:subscriber has not affirmatively requested by name: A subscriber's failure,to refuse a cable operator's proposal to provdq=such service or 43 equipment shall not,be deemed to bean affi matiy request.,for such service=or equipment. DD: Payment options`. The Grantee shot proynd all indivdul, residential subscribers with the dption of paying for-cable service by (i)'', a*,,,(ii) cheek,:'(iii) ary automatic payment plan, wlhere:the,amount of the-lb I israxitojoatically dedbeted titan a checking account destriated b ,,the° subscriber, ur (iii) by major'° credit card "ou"a preauthorized basis-. EE Procedures or.colleeting 1 to bills : Following is-thepro gcedure the-Grantee shall abide by for collectinlate bills. (1) Na bill shall, e4u&less than thirty (3O) days from the date of the mailing of the bil- b�:the,Crantee'ta the:subscriber.. (2) A bill shall not be onsidered'dehiiquent unli at:lust y(30)days have,elapsed f rom the mailing of the bill to the subscrib"er and payment has not been received by the Cvantee,provided that no bill;shall'be mailed mare than fifteen(15) days prior to the:date.services cover ed`by such bill ct?mmence,except in eases where a subscriber requests advance billing. Late fees will nat:eitteed the'Grantee's average cost of collecting,delinquent,accounts, Grantee shallnot physically or.eleemaucally:diacontniue service for nonpayment of,bills rendered for service until;,(i)the>subscriber is delinquents payment for service; and (ii) at bast,five (5)flays have:elapsed after a separate written notice of impending discontinuance-has been served personally upon subscriber;.or(iu)~ut-leasst ten(10)days have elapsed after mailing to the subscriber a-separate wr tten.notice of uii pending'discontinuance,(for which;ptistage is paid by the Grantee),addressed to such:person at theTremises where*,subscriber requests billing,or.(iy)at least five(5)days have elapsed aftr,a subscriber has.either signed for or refused a certified letter (postage to:be-paid by thgf,Prantee)'containiag a scparate written notice of impending dscontinuanmaddressed to such;person at the premises"where the subscriber..requests billing, qr,(v}at least thtr ( 0)days after payment,due. Notice of service.discontinuanee imist clearly,,state the amountin arrears, the'total amount required to�be paid°to avoid disc6Atnusnee-of.service reconnection:charges if-Applicable,,and the-,date by which-such payment must be made', The Grantee will discontinue charging subscribers for service on the date requested by the customer. 'The Grantee may charge customers for any unreturned equipment until the equipment is returned to4e,:Grantee by the customer. TheGrantee-shllarefund on a,-oro-rata-basis any prepaments made by:the subscriber. FF. Procedure for the resolution of billing dispgtes. Followingjs the.procedure the.Grantee shall abide by,in resolving billing disputes. 44 ,.. (1)` The,billing.;dispute resolution procedurenshall be�ninated Vince subscriber contacts the Grantee's departdient which hanor the City,orally or in.,writing,soJong as-such contact occurs.*WA#dj#"O)4ays from the dote of reeeipt`of the bill'by the,-subseriber.. 'If the subsc#bier,+cont its:tho City, the City shall notify the Grantee,by-;mail,by telephone or by eletron�c means}.that the dispute resolution procedure has been initiated:and the, tee shall them contact the subscriberV discuss the " °disp . The subscriber shall nctt be required to pay the disputed porton of the bill unto the„dispute is resolved., The Grantee shall not W, ly, nance charges, issue delmod,ney or termination notices,.er initiate collection procedures;for the,disputed portion of the bila pending resolution of the dispute. (3), The Grantee„s;.hall promptly undertake whatever review is necessary to resolve the,dispute,:and shall notify the subscriber of the; ults-of the,review.as soon:as itl is`completed, but in no case later thap",4wenty (20)_.business days-after receipt frarrr the subscriber of-the billing dispute3problem or complaint notification.. (4),; The Grantee shall notify the subscriber of t `pr"opo ed�tesolut on°of the,billing dispute:; GG. Referral of delinquent accouirrts to a collection agey. Frier 10 referri a delinquent account'.to the collection agency;:the Grantee°shall follow the procedure listed below. ............................... If the billing°dispute resolution procedures have not been initiated,the delinquent account may,bereferred to a private collection-,agenc for appropriate action no ane than thirty(30)business days after it becomes ndelinq*nt,. If the billing dispute resolutione5pr°ocedures have,-.boen initiated;the delinquent �60unt shall,not be referred to.,a collection agency prior°to ten (10) business days after the conclusion of those procedures;including any 4ppeal5;to the city. ........................ HH: subscriber equipment. The; Grantee :shsll comply with all rules- and regulations promulgated by thdTCC;pursuant to Sections 623 and 6 of the,Cable Act{47 U.S.C. §§ 343 and,544x : IIS; Outages.:Followimg,are tunic=periods by=which outages must be-cc rrect d acrid repairs mustybe tna v= y the Grantee: (4 T}t Grantee shall maintain sufficient repair anndl mamtenance�crews so as to:be able to--correct,or repair any reception problem cr other sere ec problem 45 of either picture,or sound quality,including any outage of sound and/or picture,on any channel except for a problem caused by,an intentional, wrongful act of the subscriber or by the subscriber's own equipment,which was not supplied by the Grantee,promptly and in no event later than twenty-four(24)Hours after the Grantee either receives a request for repair service or the Grantee learns of it. For purposes of this section, "reception problem shall constitute reception that; an affected subscriber reasonably, determines is unsatisfactory, unless: the Grantee can demonstrate that the signals transmitted to such subscriber are in compliance with the FCC's technical signal quality standards. (2) The Grantee shall maintain, at all times, an adequate repair and service force in order to satisfy its obligations above, and in cases where it is necessary to enter upon a subscriber's premises to correct any reception problem or other service problem, the Grantee shall either,set a specific appointment time or specify a four(4)hour time block during normal business hours,as requested by the subscriber or potential subscriber,during which,the Grantee's work crew shall work on the service problem.` The Grantee may schedule service calls outside of normal business hours for the express convenience of the subscriber,"provided that the Grantee's customer service representatives shall at all times endeavor to be aware of service or other problems in adjacent areas which may obviate the need to enter a subscriber's premises. (3) In no event shall the Grantee cancel any necessary scheduled service call after the close.of the business on the Business day prior to the scheduled appointment. If the Grantee needs to cancel a scheduled appointment,it must contact the subscriber and reschedule at a time convenient for the subscriber. JJ. Credit for service outage... (1) The Grantee shall provide credit to subscribers affected by any service outage in excess of four(4)continuous hours in accordance with subdivisions(2)and (3)of this section. The four(4)hour period shall commence at the time the Grantee first becomes aware of the outage. (2) Whenever the Grantee;,may reasonably determine the existence and scope of a service outage as,for example,a service outage caused by a major failure in the system's headend or distribution electronic equipment,,which service outage exceeds four(4)continuous hours and some part of which occurs during the hours 6:00 p.m.to 12.00 a.m.,the Grantee shall issue a credit to-each affected subscriber. (3) In the event the Grantee cannot determine all subscribers affected by a service outage in excess of four (4) continuous hours or no part of such outage occurs during the hours 6:00 p.m.to 12:00 a.m:,credit shall be given to any,eligible 46 subscriber who males application therefor by either written nr oral'notice within 90 days of Such serYlce.outage. The minimum:credit `` 1,,J* equal oto nno-,thirtieth tunes ,the applicable monthly charge for each twenty four hour,period d ng,.which a service outage continues for at'leastfour hours. (5) , The:Grantee shall be responsible for every service outage: ;r 1?norr�w,tr .V}i .+ 1. ..�Y' ihedulr!7Kr *+�r:, ut4R!7 b�rrth the City The Grantee shall make,a reasonable-effort to ar�fcirru-subscribers, in advances of ashy scheduled service outages. KK. l uilure to meet time periods may be excused; The Cxrnrite `ssfailu to correct outages or to make repairs within the-stated time periods shall be excused in the fc, lowing circumstances. 1 If the Grantee could not obtain,4ccess to the"subscriber`s premises (2) If'the City,acting reasonably;agrees-With the Grantee that°correetmg such outages or making such repairs was not reasonably,possible within the allotted time,period. LL: underground sernce yFor new installatrans excluding locationswhere all utilities are underground,ifa subscriber requests undueround e6ble service the Grantee may charge the subscnl?er fhe.differential bdWeeA�lhc cost of aerial and under�,installation of the;,drop,tn the:�subscriber. This;provision shall not kapply,where axnc.ergrounding is required by City ordinance or policy... MM Records of repair service,requests. The:Grantee shalt,-k;ep,,recdrds<,,cap ble of showing allrequests for Mair service and information on outage correction(tgthe.extent available with respect t4reach of the following types ofinformaton), which shall show;at a minimum,the name anti address of the affected subscribe4 tie date and the,approximate time of request, .the date.`and approxin ate time thea Grantee: responds, -the date and approximate time,service,is.restored,the type=andthe probable,cause of the problems and'the names of the Grantee employees wha'took the corrective:action(s).:;"Such records shall also describe the corrective'ac*0 taken,and,i the case of outages,shall estimate the number of subscribers affected,; For.the per psea,of this section, "time"_,shall mean the time;of request or appointment per o4asapplicable ';Records required hereinmaybe destroyed.two (2):years after such information'was collected, unless the City,authorizes the Grantee, in writing;to destroy any information required'by this section prior to the:expiration.,of such two(2)year,period. 47 NN''' " No charge:far repair service:,The Cir nice shall not unpc se any,,fee or charge any, subscriber for any::,service call to his ar her pry use to perform any repair. or maintenance°work on,:th&Grante&s equipment. OG. Resubscript onto cabie,service„ Grantee shall::not refine to""serve,.a former"subscriber:whose"service was terminated, sn long las all prat bels:and late"charges have been.pa d in full , raptee,:may xeceive a dcpc sit;from such sub-t riber PP. _Length,€f time to chsppnnecion if chsec nrtec ivn c cur t the subsc tier`s written;car oral requ stAwx4 jr bilhn ,puurpvses,it shah;lac dee rne te,ha t c et three (3) business,days after the Grantee receives the request for disconnection at the Grantee's business offices unless (i) it rn fI'lact occurs earlier, or(ii)"the subscriber requests a longer period, .. QQ. $040 luting,appointments The,Or�ntee.shail either set a specific appointment time or specify,Obur(4)hour time period during normal business hours;during which its work,,creta shall visit the..subscriber's premises to dis ect,service'and to remove any equipment.-,,The Grantee may schedule such service outside normal business hours for the express convenience of the subscriber.. RR." Restoration;°of subscriber premises, Tho: Grantee shall ensure that the subscriber's premises are restored to°their original condition if damaged-by the Grantee's employees or .agents in 'any respect U in connection wrth the installation, repair or disconnection of'cable service. SS, - leo,fee for disconnection The.Grantee shall not charge any,:;fee for disconnection ,The.,-,,--Grantee will make-a:ssonal plan available for part-time residents reflective,of the month:service is used. A refund of unused service charges shall be paid Io the customer within°thirty(30)days from-the date of termination of service; TT. Credits. 1n the euentrapplicable law permits, at any time during the term of the,Franchise,the City requires,,the Grantee to retroactively decrease or"rollback"rates;fees or charges far:any service provided pursuant to the Franchise,the grantee shall automatically provide"a credit on each subscriber's bill affected by such-.decrease,or-rollback. vu, Charge for downgrades:` ,1theFdowngrading of a subscriber's service,shall be effected solely bycoded entry on a-computer terminal orby another similarly-simple. ethod the charge'for such downjgradin shall--not5exceed the-cost.:: Charges for changes:in service tiers or equipmenfthat=are impassible to be made by coded entry`,, a computer tem"inal 4r other:similarly'simple method and that involve a more comple*.method shall not"-exceed allowable,costs 48 VV. Truth in advertising. The,Grantee's bills, advertising and communications to its current or potential subscribers shall be truthful and shall not,contain any false or misleading statement.. For the purposes of the preceding, a statement is false or misleading if it contains an untrue statement of any material fact,or omits to state a material,fact necessary in order to make the statements made, in the.light of the circumstances under which they were made,not misleading. WW., Reservation. The City reserves the right by Ordinance to alter or amend the customer serviceand consumer protection matters set forthin this section, including adopting ordinances stricter than or covering items not presently set forth in this section. The City agrees to meet with the Grantee on the matters in question prior to taking such action, and to provide the Grantee with at least forty-five(45)days prior notice of such action. XX. Prohibited activities. In the conduct of its business Franchised hereunder, neither the Grantee nor its officers, employees, or agents shall directly or'indirectly sell, lease,repair,install,or maintain television sets or receivers or antennas;provided,however, that nothing hereunder shallprohibitthe Grantee,at customer's request and without payment, from. examining or adjusting customer's receiving set to determine whether reception difficulties originate:in the set or in the Grantee's system. YY. Operation after termination or expiration of franchise. (1) Subscription rights., It shall be the right of all subscribers to receive continuous,uninterrupted service insofar as their financial and other obligations to the Grantee are honored. (2) Cooperation. In the event that the Grantee elects to rebuild,modify or sell the system,or the City gives notice of intent to terminate or fails to renew its Franchise,the Grantee shall cooperate with the City or new Grantee or operator in maintaining continuity of service to all subscribers. During such period,the Grantee shall be entitled to the revenues for any period during which it operates the system, and shall be entitled to reasonable costs for the services when it no longer operates the system. (3) Failure to provide continuity. In the event the Grantee fails to operate the system for seven (7) consecutive days without prior approval of the City or without just cause, the City may, at its option, operate the system or designate an operator until such time as the Grantee restores service under conditions acceptable to the City or a permanent operator is selected. If the City is required to fulfill this obligation for the Grantee, the Grantee shall reimburse the City for all reasonable costs or damages in excess of revenues from the system received by the City that are the result of the Grantee's failure to perform. 49 ZZ. Public, educational and municipal access. The Grantee shall ensure the development and propagation of public, governmental and educational access as a vital community resource. The City shall establish requirements in the franchise with respect to the designation of channel capacity,facilities,equipment and services for public,educational and governmental use. Qualitydf;§erf ser rce Lae- rntee:sl? 11�r n�. r°1efficient s c rep s promptly and interrupt=thc service only for good carEse d for the shortest time:possible. Such interruptions, insofar as possible wiljj,,ae precede&"by notice,- shall occur during period"f minimum use of the system.. BBB. Local origination. The City shaRinay establish enforcement mechanisms in the franchise with regard to local origination channel capacities, facilities, equipment and programming. CCC.' Riof individuals. ghts (1):; Nondiscri nirtation required. The.Grantee shall nkat deny servic dtn y access, or:;otherwise discriih a against subscribers,,channel users or general citizens on the basis of"race,,color religion,,wed, nate 40,origin, age, sex, or physical or mental handicaps,provided the subscriber shall pay all°applicable fees for the.servcce;desired. The; antee shall ccinply af;all times with all', -other applicable Federal, State and local laws and regulatioIIs;;and all executive and administrative carders' and rates elating-to npndiserimination which are hereby incorporated and Made partof this:,, by rgference, (2) Fair ness of accessibility. The entire sys m:of the grantee shall be operated.in a manner consistent with the principles of fess and equalaccessibility of its: facilities;,;,d -channels, studios:and:other-services to all' citizens, businesses,public agencies and other entities having a le gitte use forthe network; and no one shall.be arbitrarily excluded fro its use F allocatac ri +�fiuse't said facilities shall be made•according to the rules or decisions of the OYa teu:and any regulatory ageneies affecting the.same.. DDD: Trouble calling processing. Any repoYt requur;dyto be maintained pursuant to this section shall be Dept by the operator)or a period€iftwo years from the eventto which it relates. EEE.' Plan to cure 'if'the City at any tune,feels tha these-standards are not being met, th„e City shall notify the Grantee,in writing and th Santee shall'have 30 days to respond to the:City's notice.. This response will include a reasonable plan,to cure the problem, of ppiicabl . Such plan to cure.th problem shall be subject to approval by.the City. 50 § 152-9. Design and construction provisions. .A. Ccirriplianc The Gra t+ sha11 co mply nth Sectiat s i t1i ,C cif Ithaca Telecommunications rdinance [Note ;Section number to be ad*d] B. Location of cable communications systems. The Grantee 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 chapter or the 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, that the Grantee shall not have a vested interest in such location; and such construction shall be removed by the Grantee,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. expense,C=. Dise-Ormeetion and releeation. 44ie Grantee shall,at its sole eest and prateet, suppert, temporarily diseonneet, relaeate in the same street or other streets and of street grade or the eenstruetion of wty publie improvement or struetttre by any C=ity department. D. Private property. The Grantee shall be subjeet to a4l laws, ordinanees e regulations regarding private property in the eourse of eonstrueting, installing, Operating 0 maintaining the eable eentintmieations system in the C=ity of ithaea. The Grantee sha14 promptly repair or repittee td!private property,both rea4 and persona4,damaged or destroyed as a resttit of the eenstruetion, installation, operation or maintettanee of the ed-ble eommtmieatians system at its sole eost and expense. F. Repairs an4 restorations. 44te greamee sha4l restore my street it has disttwbed , damned or in any way ii�ttred by or on aeeomtt of its aetivities to as good as the eendition sueh property was in immediately prior to the distwbanee, damage or Restoration must be in aeeordanee with the rules and regulations establishe4 by the eity. F. Tree trin-ffning. 44te Gremtee may trim trees or other vegetatiott owned by the Gity to prevent branehes, le"es or roots from tottehing or otherwise iftterf�riflg with its. 51 repairs,by the telephone and eleetrie utility eomp i required, tts are telephone an&or tmdergrotmd at its sole eost and expense. Undergratmd eable lines shall be plaeed bene the pavement sttbgrade [minimum twenty two (22) inehes to the top of the eablej-. H. Gity property. Ahqtere any damages or alterations oeettr to the Gity's water, sewage or dretinage lines or to my other munieipa4 struetums in the streets during the eammunieatiorts system,the sale eost of stieh ineltiding all serviees and materials, will be billed to the Gruitee,and these eitarges shall be paid withitt six+y(60)days of reeei of notiee, or the Gity may f6reelose on performanee bonds or iiwoke other appropriate i. Temporary reloeation. The Grantee sha4l temporarily raise or lower its wires or other equipment upon the reasonable reqttest of any person, >without limiwion, a person holding a bttilding moving permit issided by the Gity. The expense of stteh i i — or lowering shaAl be paid by the person requesting the same, and the Grantee shall h&ve the audtority to reqttire stteh payment in a&anee.The Grarfte shall be given reasonable flotiee neeessM to maintain eontirrdity of serviee. 44tis provision shall not apply to requests by the Gity for Gity purposes, for whieh movement there shall not be a eharge by the • j. Gity maps. The Gity does not gttarmtee the aeettraey of my maps showing neeessM,the loeation shall be-verified by • residents within a refflanable period of time of proposed eonstruetion, exeavation, laying o.r stringing of eable tmder streets or on poles, but in no event shall stteh notiee be given less > installation, operation, maintenanee and�or removal of the eable eommtmieations system shall meet all of the (1) The Oempational Sa-fety and Health Administration (9811A) regulations. 52 (4) 4+e National Gable Television Standard Gode. (6) The Bell Telephone Systems Gode of Pole Lim Gonstruetion. (7) All federal, state and ntunieipal eenstruetion requirements, ineluding (8) Utility eonstruetion reqttirements. exist or as they may be amended hereaRer. C. Contractors and subcontractors. All contractors or subcontractors of the Grantee must be properly licensed under all applicable federal, state and local laws and regulations.The Grantee shall be responsible for all acts or omissions of any such contractor or subcontractor in the construction, installation,maintenance or operation of the Grantee's cable communications system. D. Construction plan approval. maps,(1) Prior to the ereetion or insta4lation by the Grwftee of any towers, eonsftetion,rebuild,ttpgrade or line extension of the eable eemmttnieations system under this ehapter, the Grantee sha4l make ftyaRab4e for G=ity approva4 a eoneise if required,together with a map and plans in4ieating the proposed leeation of all stte faeilities. Apprava4 by the Gity shaH not be mireasenably withheld and shall be (2) For the rebttild, the Gremtee shall allow a Gity seleeted engineer to inspeet stteh h-iformation,maps and plans for five (55)business days in the GrMfee's offitee.Prior t the five(5)4ays,the Grantee shall give the Gity 4��(39)days'prior notiee that stteh information will be available. 44te Grantee shall aeeommodate part of the system design, the Gity shall be notified prior to eonstruetion and Shell have a reasonable period of time to h"e an engineer review the ehanges in the n__.._fee' ,.rr_. (l} Prior to constriction,, or alteration. off: aerial or underground construction'in tiie public.rights= f Wa >the Gj*ntee,s all in each,case file plans yyiti the appropriate City agencies,complete use agreements with,the..utility;companies 53 ifnedessary,obtain-all=constction rtnits ,and-rive wntfni-a av 1 ofthe City before proceedtiig. (4) Ne ereetion or installation of my tower, pole, tmdergretmd eendttit or fixttire for ttse in the eable eontmtmieations system shall be eentmeneed by my wititheld. E. Equipment changes. Any substitution or changes in hardware components must be for equal to or better than the items specified in the franchise,e.g.,amplifiers, cable or antennas. F. Extension of service. The Grantee 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. G. Ereetion, removal and eentmen ttse of . However,(1) Ne poles shall be ereeted by the Gremtee without prior appro-val of the IGity with regard to loeation, height, type and any other pertittent aspeet. no ioeation of any pole or wire holding stmeture of the Grantee shall give rise to ft vested interest, and sueh poles or stmetures sha4l be removed or modified by the Gremtee at its own expense whenever the Gity determines thm the publie eo would be erAianeed therebr.- fbr use by the Grantee but it does not make affangements for sueh use,the Gity may require the Grantee to use stteh poles and stmettires if it determines that the publie ! would be erAtaneed thereby and the terms of the use available to the Grantee are Just and reasonable. (3) Where a publie utility serving the Gity desires to ma-ke use of ah—e poles or other wire heldittg stmetures of the Grea-Aee but agreement thereof with --- , Grantee eawtat be reaehed,the City may require the Gremtee to permit sueh use fo suelt eonsideration and upon paMent of the prevftiling publie utility rates for make ready and pole affaebment rental if the Gity determines that the ttse would erAtanee the publie e nd would not tm4uly interfere with the Grmtee's operation. H. Right to inspeetion of eonstruetion. 44te Gity or its designee shall h"e the right to inspeet at any time all eenstruetion or installation work performed Stbjeet to the 54 to ertsure eempliamee with the terms of this ehapter, the Fremehise and all other applieftble provide aeeess to all equipment reeords and other materials and inf-Ormation neeessM fe stielt inspeetions and tests. G. Construction reporting requirements. (1) Within thirty(30)days of the granting of a franchise pursuant to this chapter, the Grantee shall have applied for any necessary agreements, licenses or certifications and shall provide the City with a written progress report. (2) Written progress reports shall be submitted to the City on a monthly basis throughout the entire construction process. H. Inspection. The City shall have the right to inspect or appraise, as specified in this chapter,the plant equipment and other cable-system-related property of the Grantee. The Grantee shall fully cooperate and otherwise assist in these activities. I. Initial performance test.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 the franchise. Should performance prove defective,the defect shall be appropriately remedied. The costs of such test shall be borne solely by the Grantee. J. AftmttalOngoing performance test. Performance requirements and standards specified in the franchise shall be measured semi-..annually to ensure compliance with the same. The costs of such tests shall be borne by the Grantee. K 'Technical review. The.�xrantee shall maintain the system to meet all technical requirements;of the FCC,the New-York State Department of Public Service,this Chapter, the City of Ithaca Telecommunications Ordinancc,Rand the Franchise.... § 152-10. Maintenance and inspection. A. General. The Grantee 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 the franchise. B. Maintenance log. The Grantee shall maintain an annual log showing the date, approximate time and duration and 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 the Grantee for one (1) additional year and shall 55 be subject to inspection and copying by the City or its designee during the Grantee's regular business hours upon reasonable request. C. Service interruption. Except where there exists an emergency situation necessitating a more expeditious procedure,the Grantee may interrupt service for the purpose of repairing, upgrading or testing the cable communications system only during periods of minimum use and only after a minimum of twenty-four-hours'notice to affected subscribers. D. Radiation monitoring. Radiation monitoring shall be conducted by all maintenance technicians on an ongoing basis. The results of said monitoring shall be made available to the City upon request. E. Penalties.. If the Grantee fads to observe any obligti� „der +Chapter or the,Franchise andrtsuch;breach of the franchise is insufficient to wcation of this Chapter or the Franchise;the City may assess tlie,:Grantee and the,Grantee agrees to pay the City, a monetary,penalty in accordance )Oth the:.schedule,of penalties set Birth in this Section', F: l\lotice Within ten(l tl)days of receipt.of a nottee that the Grantee has failed to.comply with a.provision of thisjChap Or or. eFranchise puarstt t to Subsection E,,abo�ve, the Grantee shall payID the City the full amount,prescribed in Subsection.H.”below. G. ., Amounts received by the City'. amounts receivedqty epaities assessed against the Grantee;whether directly paid;l y the Grantee m tWity;or withdrawn from the performance bond,construction bond,or:lett r of 6redit bythe City,shall be placed in the general fund of the�.City� R Assessments Pursuant;to this;Subseetien,the fallawing,monetary penalties y shall appl + _ (1) Failure to file requests for authorisations with the NYSDFS within the" fied thirty,(30)days-$100.©0 per'day,until filed, (2)-,." Failure to deliver evidence of Grantee insurancitl? n the specified sixty(60)-days '$500.00 per day uol delivered (3) Failure to restore an amount withdrawn'from the performance bond, construction bond,or letter of credit within thespecified thirty (30)days-$-100.00 per day'until restored, (4) Upon'revocatiowof the franchise with reference to the balancer"the remaining,.in-the performance' bond,--construction bond, or'letter of credit,-Ail; forfeit'. 56 (5}, Failure:to reAder:payment of;the: franchise fee ;within the time specified in this Chapter or the;Franchise-'$1 Q0 00 per day until paid. (6) Failure ofthe C =tee to maintain proper£ppcmtional function�ofIft emergency,alert system as provided for in this Chapterprthe Franchise-$500.00-per occurrence or$100,0Q per,day:whichever is greater. Failure to maintain picture or,audio quality to standards specif ed in this Ch4W&the Franchise-$500.0}°der occrrrcnce ov$l 00.00 per day whichever is greater. (8) Failure to restore wed property as requ ged in this Chapter or the Franchise=$500.00 per,occurrence or$,100.00 per day whichever is greater. (9) :; Failure to cure onrrequest of the City any,general lapse in compliance with applicable customer service;standards.-$500.00 per occurrence or$100.00per day whichever is greater: (1 Q) Failure to maintain proper lags records,and fibs as regqued in this Chapter,-.9 r the lFranchise -$1000 per oepprcence nr$104,00 per day whichever is greater., (i 1) Failure:to disclose;pertinent;books and records as required in this Chapter or the Franchise'-$500 00 per occurrence or$100:00 per day whichever is greater.. (12) Failure to comply with any proper and applicable prohtb tioasagainst discrinminatory oinployment and,servim pract ces - MOM..,per:.occurrence..or $100:00:perda -whichever is greater. (1 ). Failure to meet with governing, of the:.City;upi n the latter's request,as�tequited in this Chapter or the Franchise or to cooperate.with performance evaluations as required in this Chapter`or, the Franchise-$1000.00 per occurrence or $1.00:00 per day whichever is greater; (14) Failure to presvide a requ�red, eport_within the time.specified in this Chapter or the Franchise; or failure to comply with a specific order of the City appropriately-issued under tem of this Chapter or the Franchise cir'any valid legal authority-$1000.00 per occurrence or$100 per day,whiehevef is greater: (15) Failure to,cure, a,.lapseyof in operation ,of the; cable communications system, afffecting;service within the Cityin=a-manner consistent with applicable standards as-defined in this Chapter or the Franchise,and causing actual 57 disruption to Ptlie,transmission.:o. a cable;,signals:-or creating an,unssfe condition:-. $1000 09 pe ,occurrence or$ Ot3 er<-day,*WgheYer is greater (16); Failure t©provide or maintain public;goods such; the institutional network as specified l flusChapter ar the Franchise _ l,0100 per=occurrence or$-100 per day whicheverJs-greater. (17) :Fail to conrnplyith w :mate rrial provisions of this,Chapter,or the Francuse .:;$200 per day. I. Caro:" Any fines or claima arising,oufpf any actual breach of this Chapter or the<"Franphse shall be,effective from the datersuch breach is found to have,commenced. The Grantee's responsibility to cure any,such breach ortemit any"such fines or claims shall not�be diminished by the failure of'the City to eriforce,yany provisi6n othis Chapter or the Franchise and the.Grantee hereby agrees to waive:any statute of limitations that may be applicable toy any such breach during the term ofthis..Chapter,or fluoy anchiso § 152-11. Employment practices. A. Equal employment opportunity and affirmative action programs.The Grantee 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, the Grantee shall file and equal employment opportunity/affirmative action program with the FCC and otherwise comply with all FCC regulations with respect to equal employment/affirmative action opportunities. B. Employment policy. The Grantee 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 Subsection A above, the Grantee shall take affirmative action to employ,during the construction, operation and maintenance of the cable communications system,minorities and females as set forth in the franchise.The Grantee shall submit to the City annual EEO reports required by the Federal Communications Commission. § 152-12. Records and reports. A. Books and records available to the grantor. (1) Books and records. The City reserves the right to inspect all pertinent books, records, maps, plans, financial statements and other like material of the Grantee upon reasonable notice and during normal business hours. 58 (2) Availability of records. If any of such maps or records is not kept in the City or,upon notice,the Grantee 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 its duties,then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the Grantee. B. Reports required. The Grantee shall file with the City: (1) Regulatory communications. 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. (2) A facilities report. 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 the franchise to be given to subscribers. Construction progress reports, As_provided for;hereinand in this Chapter or:£the.Franchise, the-Grantee,, if,applicable, shall,provide the City with written„progress reports detailing work'completed'to date and a;schedglc: for completion;cif constructicin Reports. The Grantee shall provide customer service rd its to the City quarterly as follows: The reports shall be in form and substance acceptable tb the City,showing can a consistent basis;fairly applied the matters set forthherein so as to measure'the.Grantee's compliance with the standards'ofthe referenced;sections and such3other matters as the Cityshall from tune to time specify Such;°reports shall shrive the::Gr�ntee's,performance excl�ng°periods of abnormal operating conditions; and if the Grantee' contends any,such conditions occurred during the.r period in question, it sha"so describe the hatute and extent of conditions and,show the Grantees performance..both including and:.excluding the time:periods the on* contends such conditions were=in effect. '(5) "; Proof ofperformance�lests Proofofperformahee test results shall be supplied to the Citywhen sections of the,systern are rebuilt and as required in this Chapter., (6). . `Tests required by.city. 'Technical tests required by,the City as specified in this Chapter and the Franchise, and shall be submitted;within fourteen (14)days ofnotification 59 17 Grantee rules. The ,mote `s hedule * el es Hu+ ntr t _car applicahcan.forrns of reglar„subscriber ser�?iceticy regarding thencessngL o f subscriber corn la nt 3 delinquent subscribers di ct and recontied-tproodures and,any other tms.and' Grantee,'cq ditio s�gadt pted s4 Grantee,' lzcy In conn ct pn _ with its sub cnbe i ber filed with th Gtty.,.and>conspicuously posted,-in the Grantee'slocal office:"All su+ terms and.conditions,aiclndin schedule of cliazges must hays been filed with the Pity prior to#heir,becoming effective: .Such°rules, regulation, rtes and'conditions shall-not be q,con#lict with the;provisions hereof or applicable'State,and Federal laws,.rules or regulations.: (8) Proof of bonds and insurance.To the extent provided in the Franchise Agreement, the Grantee shall submit to the City the required performance bond or a certified copy thereof and written evidence of payment of the required premium and all policies of insurance required by this chapter, or certified copies thereof, and written notice of payment of the required premium. (9) Financial and ownership reports. The following financial reports specified in the franchise shall be submitted annually to the City: (a) An ownership report indicating all persons who at any time during the preceding year did control or benefit from an interest in the franchise of five percent(5%)or more. (b) A copy of the franchisee's annual report. (c) A report on the placement of any limited partnership offering, if any, including the amount subscribed and the amount paid in. (d) In the event that the City is asked to approve any rate increase, the Grantee shall provide an annual, system-wide and City-only certified financial report from the previous calendar year,including a year-end balance sheet; an income statement showing subscriber revenue from each category of service and every source of nonsubscriber revenue, line-item operating expenses, a capital expenditures statement, depreciation expense, interest expense and taxes paid; a statement of sources and applications of funds; and a depreciation schedule. The City-only statements shall be on an allocated basis,and the Grantee shall provide the City with the assumption utilized in making the allocations. (e) An annual City-only certified income statement. (f) An annual list of officers and members of the board of the Grantee and of any parent corporation. 60 (10) Operational reports. The following system and operational reports shall be submitted annually to the City: (a) A copy of the Grantee's annual performance testing results as submitted to the FC&aM the-NYSI) ',S. (b) An annual summary of the previous year's activities,including but not limited to subscriber totals for each category of service offered, including the 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 the Grantee's need to protect proprietary information. (c) An annual summary of service requests and complaints received and handled. (d) An annual summary of the number of outages. (e) An annual summary of liquidated damages and other penalties outstanding or paid. (f) 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. (11) Additional information. The Grantee 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 chapter or the franchise. C. Records required. The Grantee shall at all times maintain: (1) A record of all complaints received and interruptions or degradation of service experienced for the preceding period prior to a performance review, consistent with the state law and regulation. (2) A full and complete set of plans, records and as-built maps showing the exact location of all cable installed or in use in the City, exclusive of subscriber service drops. D Other reoards. The City"may impose'reasoijabl requests for additional infgrmation;rec rdsand documepts fro t m to4ime ,s n eded,tc §suss odinplianc with this Chapter,or*_] n se. 61 § 152-13. Construal of captions. The captions to sections throughout the franchise are intended solely to facilitate reading and reference to the sections and provisions of the franchise. Such captions shall not affect the meaning or interpretation of this chapter. § 152-14. Grandfather rights. Nothing contained in this chapter shall be construed to deprive the Grantee or the City of any grandfather rights in any future amendments to any statute or regulation. Any such franchise, however, shall be subject to such regulations 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 the franchise. § 15245., Irattehise Applications. A_ InvitatiO of any applicatt r far a.franchise; public- notice of"request.for proposals." The City may t Ote applications for n�able communications Franchise by means of a public notice`advertising,*availability'of its'Request for Proposalaa" or may respond to a written request for a franchise: (1) The public notice shall contain,but' not be limited to: (a) A description of the Franchise areambich is sought (b) A statement that a formal"Regst fox PrAposals",is available to prospective applicants from a City of dial . ane, address, and telephone numbed=are sifted (c) ,,;A statoritent.Ahat ,applications .for the Frattcliise'must. be submitted in writing in the frirrn and mariner specs i a the"Request for Proposals"no-later than'a day certain. A statement:that all xapplipations will--b e,available dor public inspectionduring normal,businessHours at a.,specifted=Iocation.. B. Applications for a,franchise. The City may receive a request for a Franchise from_any person at any time. C. ,Request'for proposals: Prior to inviting any appiications;or to receiving a application,for'any,cable communications Franchise,::.the City;shall prepare a�"Reguest for Proposals"that shall containi.,but needmot be limited to,tho p lowing 62 (1) description Pf,the,, le carnmunica pns,"_'s em;,aind services desired by the.City including'avy'Xsyat m specif catiorms established'ley tlw"C t3 �2) A statement.spc�ing the.farm that all applicat ons:shal „follow. { ) A statement indisatin&the amo"t.of icatioft fee(i ori to.he submitted with the application,aqd the manner in which such fee is tci be sub nttted:i (4) A statement that all applications must contain the:inforrnatipn required by the"Request,for Proposal:" (S� The:closing,date for.,thefisubinissionof.applications,. T 'P,oamel address,ari&telephone number of the City officia(s)who may be contacted for further information. D, Franchise application, An app icant for.�a Franchise;shall complete the City's Request for Proposal and provide the inftirmation required therein, Publkhearing on reasonable notice.- The City mayconduct a public.hearing pricer to awarding r denying any-cable o;mp r ations Franchise. :The:heari*shall e preceded by reasonable.notice:to each of theFranehise applicants and to the public,and shall be conducted by the Common Council in accordance with.the follow,m* procedures'- ,(1) There"Viall'be an agenda for"tho hearing hie ;shall specify the proposals).to be considered at the hearing; (2) Every,person who has applied fora cable commutiicatioFranchise shallappear at the hearing.either iiy`person ar by:authorized representative, :The owieation of any,applicant=.riat so appearing shallx#ot be f ttrt .I d6pstdei d,except fpr good,cause shown. (3) All.persons shall,be given tippnrtunity.kts ,participate in the hearing, but nothing contained herein shall limit the power'of the presiding:officer to establish reasonable time:limits and oth-e ise limit regetitive.statements or questions, (4) 'Elie notice of hearing shall, (a) Conform to all relevant State and<leical laws and Ordinances. (b) a Descz*the:agenda tp be; nsidered a the public hearing. 63 H (c) Indicate thot opie of al"nchise,applx�areavaa ildbl fmpuhix : ct qn duar ngy ortxtal busigg hours ae,tc be specified in the notice; F. City chscretic n ;The City,at its ciiscrettc i,may rete Vany app ipati q for a Franchise,' In awarding .a,zFranclus the Citi . a3 allow 5applit's cable communications system a feasariabod f tui. i become.capable-of pr6V,1 le service to all+households in the ljranchiae ares;may,requimadcqqOfieassurance:that the°cable operator will provide adequate public, .educational�,?and oyarntneufial, access:channel capacity, facihti, financial support,nr nstitutzgnal.network facilities; and may,require adegquate 40wannce that the cable operator has the`financial,technical,or legal qualificadgns to prouide.cable scry ice, and may consider any-other;;items deemed appropriate by:the Common Council. § 152-16. Notices. 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 the Grantee shall be sent by certified mail, postage prepaid,to the Grantee at its Ithaca office. § 152-17. Force majeure. 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 of any of their departments, agencies,political subdivisions or officials or any civil or military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; volcanic activity; storms; floods; washouts; droughts; civil disturbances; and explosions. § 152-18. Compliance required. The Grantee shall not be excused from complying with any of the terms and conditions of this chapter or franchise by any failure of the City upon any one (1) or more occasions to insist upon or to seek compliance with any such terms or conditions. 64 [Note:Definition options to be reviewed.] OPTION 1 GROSS ANNUAL REVENUES means all amounts, in whatever form and from all sources, earned either by the Grantee from the operation of the Grantee's cable communications system within the City, or by any affiliated entity only to the extent such amounts are earned from the operation of the Grantee's cable communications system within the City. "Gross Revenues" shall include, without limitation, amounts for the basic service tier, cable programming service tiers, pay services, audio services, Internet service and equipment, subscriber installations and transactions, leased access, advertising, equipment rentals and all other revenues derived from the operation of the Grantee's cable communications system. Revenues which are not directly attributable to specific customers, such as advertising revenue and home shopping commissions, shall be allocated to systems and jurisdictions on a per subscriber basis measured in a consistent manner from period to period. "Gross Revenues" shall also include amounts earned during any period regardless of whether: (1) the amounts are paid in cash, in trade or by means of some other benefit to the Grantee or any affiliated entity; (2) the goods or services with which the revenue is associated are provided at cost or the revenue amount can be matched against an equivalent expenditure; and (3)the amounts are initially recorded by the Grantee or an affiliated entity. "Gross Revenues" shall not be net of(1) any operating expense; (2) any accrual, including, without limitation, any accrual for commissions; or (3) any other expenditure, regardless of whether such expense, accrual or expenditure reflects a cash payment. "Gross Revenues", however, shall not be double counted. Revenues of both the Grantee and an affiliated entity that represent a transfer of funds between the Grantee and the affiliated entity, and that would otherwise constitute gross revenues of both the Grantee and the affiliated entity, shall be counted only once for purposes of determining gross revenues. Gross revenues shall not include sales or other similar taxes imposed by law on subscribers which the Grantee is obligated to collect. OPTION 2 GROSS RECEIPTS. The total of all cash,credits,property of any kind or nature, or other consideration,without deduction, received, directly or indirectly, from any source whatsoever by the Grantee, its affiliates, subsidiaries, or parent or any person, firm or corporation in which the Grantee has a financial interest, arising from or attributable to the operation of the cable communications system within the City. Gross receipts shall include but not be limited to the following: all revenues due to rendering services connected with the cable communications systems and/or service. Classification of income by franchise area for the purpose of preparing reports required by FCC,franchising municipalities and others may be accomplished by account expansion right of the decimal point, but it is not required. Subscriber Revenues include installation income,representing income obtained from charges for subscriber connections, relocations and additional outlets; regular subscriber charges, representing periodical service charge for cable service;per program or per channel charges, representing income arising from special fees imposed to obtain programs not obtainable by means of regular subscription fees; online service charges; equipment rental charges; and other subscriber revenues not included above.Non-subscriber revenues include advertising income, representing income arising from advertising on cable channels; special service income representing income attributable to leasing or sale of time or facilities; other non- subscriber revenues not included above. 1W RICE, WILLIAMS ASSOCIATES ocr -sem Ejip' October 5, 2000 PLAN�EPARTMOF 0ENT Mr. H. Matthys Van Cort Director of Planning& Development City of Ithaca 108 East Green Street Ithaca,NY 14850 Dear Thys: Attached for review by the Negotiating Committee is the draft Franchise Agreement which is based on the Tompkins County Intermunicipal Cable Commission model and provisions of the City of Ithaca Franchise. Attached is a redlined version depicting the changes from the model franchise and a clean copy. The Access and I-net sections have issues to be discussed, and will be revised based on negotiations. Please have Committee members send or call Jennifer or myself with any comments or changes to the Franchise. Once I have received the Committee's comments, I will incorporate the changes. At that time, we can forward the document, with the exception of the I-net and Access provisions, to Time Warner for comment. Sincerely, J an Rice Partner JR/jms Enclosure 2121 K Street,NW Suite 800 209 Elden Street Washington,DC 20037 Suite 200Herndon,VA 20170 Phone:(202)737.2400 Phone:(703)467-9833 FRANCHISE AGREEMENT BETWEEN MUNICIPALITY, NEW YORK AND TIME WARNER WORKING DRAFT October 5, 2000 TABLE OF CONTENTS 1.0 DEFINITION OF TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART I -- THE FRANCHISE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.0 GRANT OF FRANCHISE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.0 NON-EXCLUSIVE NATURE OF THIS FRANCHISE ,GREEE. . . . . . . . . . . 5 4.0 TERRITORIAL LIMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5.0 FRANCHISE RENEWAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6.0 FRANCHISE SUBJECT TO LAW AND REGULATION . . . . . . . . . . . . . . . . . . . . 6 7.0 DEFAULT, PENALTIES, , ABANDONMEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8.0 SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 9.0 EFFECTIVE DATE AND TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART II -- THE SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 10.0 SYSTEM SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 11.0 SYSTEM PERFORMANCE STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 12.0 CONSTRUCTION& OPERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 13.0 SYSTEM MAINTENANCE AND REPAIR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART III -- THE SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 14.0 GENERAL SERVICE OBLIGATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 15.0 MUNICIPAL AND SCHOOL SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 16.0 PUBLIC,EDUCATIONAL, AND GOVERNMENTAL ACCESS . . . . . . . . . . . . 25 17.0 INSTITUTIONAL NETWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 PART IV -- FRANCHISEE'S OBLIGATIONS TO THE MUNICIPALITY . . . . . . . . . . . . . . 35 18.0 RATES AND CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 19.0 EMPLOYMENT PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 20.0 MUNICIPALITY'S RIGHT TO EQUAL BENEFITS AND SERVICES . . . . . . . 38 21.0 MUNICIPALITY'S RIGHT TO INQUIRE ABOUT AND INSPECT SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 22.0 MUNICIPAL EMERGENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 23.0 FRANCHISE FEE AND PERFORMANCE BOND . . . . . . . . . . . . . . . . . . . . . . . 45 24.0 REGULATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 25.0 COOPERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 26.0 WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 27.0 CUMULATIVE PROVISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 28.0 CAPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 29.0 ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 30.0 MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 31.0 ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 i Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 1 WORKING DRAFT A FRANCHISE AGREEMENT between the , a municipal corporation located in Tompkins County,New York, hereinafter referred to as "the Municipality" and hereinafter referred to as "the Franchisee" WHEREAS If ani section;sentence;paragraph,tern or" risron of flus Franc hreAgreerrient is deterltie d to be illegal;,invalid ct ui�constitutaonal, or otnese unenforceable by any court oiompe#eiit k junction upon final aeljuieation cr by any state pr federal reglatay agency having 1nscticr thereof, such determination shall have noeffect on,ilia yalidrty_ f aty other.sectiones;`Bente)' no-e, paragrpph;term or provision hereof;all of whxc will rcmaxnn full force and effect Tri the.event asei3detrminttin,Franciisee and thlluncpaty_snall igig cta"tend Faith and ;ree upon a pravaspn whigh'witl aghie-r :the<.sam purpose as cl s ly pbssibl The Municipality has all exclusive and requisite authority to grant Cable Television Franchises and renewals permitting and regulating the use of its streets,rights of way, and public grounds; and The Franchisee, having previously secured the permission of the Municipality to use such streets, rights of way,and public grounds under a Franchise Agreernent that has since expired,has petitioned the Municipality for a renewal of such Franchise;Agrepment; and [Note: This provision to be inserted if agreement is a renewal agreement.] The Municipality and the Franchisee have complied with all Federal and State-mandated procedural and substantive requirements pertinent to the`Ord e;, this Franchise Agreement; and The Municipality has approved,after consideration in a full public proceeding affording due process, the character, financial condition, and technical ability of the Franchisee; and During said public hearings and proceedings, the Franchisee's commitments, as set out in this Franchise Agreement, for constructing, maintaining, improving, and operating the cable television and communications system were considered and found adequate and feasible; and This Franchise Agreement, as set out below, is non-exclusive and complies with the Franchise standards of the New York State Department of Public Service, THEREFORE The Municipality and the Franchisee agree as follows: [Nate. "Cable cvmmunicr tions system";_e rc rtgec�,ta. ".ca#,T televis n s sle W' throughout, and franchise renewal[a r errzent]"to `"Franchise Agreement "J � 1 1 • III 1 R1JMD1 W 1010 1 UJIMIJ A V D1' 10 WWWWAN 11 I _ - - - - - - - ♦ • AM. NIPRF�AM���� I IBI / - - - NO - - . - - - - - .I 1 •I • � . ■ ■• - 1 rl • r • ■ ■ • r 11111-1111 Lof NKIN I Ill1 I 1 IFJ ILIAA • •u■11 tot-i • ■ • • . • .■ • sk-o go • 1 1 11 1 1 I • • 1 - 1 • 1 1 - - ■ ■ • r �1 • • �1 1 • 111 111111111111 11111111 P III LINWlg 1111MUS 111 N1wJ N'IIIIIIL'A'ANLO=k'A 90 11 ILM511r.I I I all 111 • 1 • r • ■ •• •• ■ • ♦ .1 . ■ • 1 •■ • • • 1 ■1 / • ■ III r .�•1 • • . ■� •1 • . ■ro t• I • 1 1 1 1 .1ow�iw-- u&vivo• • ■I• - ■ - - - - • • list samlm4loll�� •• • • 1 1 1 1 - - r •- - • - ■ - - - - ♦ • -O.Y.14#1 ir.1,-2 4 Lot I air ■ / ■ • I • or,I I too I I _ - - - - - .1 •• • 1 1 ■• ■1 ••1 • ■1 1 •. .1 1.- ■ 1 - ■ .1 ■ ■1 I 1 ■. .1 a ■■1 ..1 • .1 WI 94 i • •1 1 .A811,41LIS ■ • . • • • 1 • ■ 1 • • •1 •/ • It •A • • • W ad • .1 ■ . ■ ■ • 0-100"- Hill 11 1 1 ■ 111111111111111 ■ 1 •11 ■ ••• • • . / .1 . ■ ■ •1 1 ■G . ■• • FOI IPRIA .• ■ 1 1 1 1 •1 - - -11 11101 • • / • ■ • 1 ■1 • • 1 • 1 r,IVi 1 •1 A mi 1,114- `V"G •1 1 • •• ■ • • / . .A • ■ •1 1 • 1 Y 1 • 1r-I I LIJ I ELM 1 - •1 1 • • • • • • • A 11'.t k.1 a V,1111111 a 1 1 . ■WIN 101111111111 111 11111111111 111 W1111111POILIVIIIIIIII- 11 1 ij�� ■ PIGS . I � IL K 1 J I LJ11i 1 1 AA KI 1 1 11 11 1 1 • ■INIP • ■ • ■ • ■ 11 1 1 1 1 • • .1 • ■ ■ . • ■ • ■ • 1 /• .1 • Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 4 1 1.18 "NYSDPS": the New York State Department of Public Scrrice or any successor State 2 agency with sitnHar responsibilifier. 3 4 H9 "Set-rice*rea": means the entire geograpffic area where the francffise provides cable se 5 . 6 7 ,the air space above the awface mid tire 8 , 9 bridge, tmmel, park, parkways, waterways, utility easements or otfier public rights-of-� -or 10 hereafter held by the Nftmicipality which shall entitle ffic NfurAcipality and the FiLanchisec to the 11 thereof for the purpose of installing mid maintaining theeribleeen=Mnications System. 12 , to the "Streets and Public Grounds" shall be deemed to be 13 tepresentation or guararytee by the Municipality that its title to a"property is sufficient to p 14 its use fbr such purpose, and the Franchisee shall, by its use of such terms, be deemed to gain only 15 such rights to use property in the Nfunicipahty as the Nitirficipality may have the tmdisputed right 16 power to gi 17 18 , 19 , of five percent(5%) or more at one firne of th 20 ownership or controlling interest in theeableeonnnunications System, or twenty percent (20* 21 , limited 22 pw trict strip, trust or association or person or groups of persons acting in concert. 23 24 25 PART I -- THE FRANCHISE 26 27 2.0 GRANT OF FRANCHISE 28 29 2.1 The Franchisee is hereby grantedilf and xts"successors arYct'asigtiees, subject to the 30 terms and conditions of the Ordinance"and,Ahis Franchise agreement, the right, privilege, and 31 authority to operate and maintain a cable television system within the streets, mid publiC, 32 gra ndspublic rights-of-way of the Municipality ,-sotely.tl"W',ovicle„cable ser ices v thi a .the 33 lVtuntcipality in accorclsnc�with the`M6hi�pality's;-Cabl 40om nurii ii6ns Regui tbry,O-,diriance 34 which establishes"standards, regulations and,procedures dor thy,grating of„a Cable Television 35 Franchise,this Franchise Agreement,and th iules'and reg ations dapted'by the Municipality,all 36 ()rdnannccs and laws,of`tixe.Municipality and all applicable rules""and"regulations off`the Federal 3 7 Con?rniun cattons Com ssiQn NYSI?PS,aad he unit paliNty Franchisee shall,provide a modern, 38 stag-cif the art,cable to eyision system to Vie:rekp tints,and t�rt�tick s;.+�� th Neu eip lit , 39 accordance withwthe Ordinance and-this Franchise Agreement'.[Nate „Time �Yarr�r iwvuld retied a 40 franchise"under"he. "e z�rnunicat; ,ns o� -to,o r t lep or x'etc. 41 42 2.2 The Franchisee may erect, install, extend, repair,replace, and retain in, on, over, under, or 43 upon, across and along the streets mid public groundspubfk rights-of way within the Municipality, 4 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 5 1 the cable television system, and other property and equipment as are necessary and appurtenant to 2 the operation of the cable television system in conformance with the Municipality's specifications. 3 4 2.3 Nothing in this Franchise Agreeiinent.shall be deemed to waive the requirements of the 5 various codes and ordinances of the Municipality regarding permits, fees to be paid, or manner of 6 construction. 7 8 2.4 No privilege nor power of domain shall be deemed to be bestowed by the,�qrdinttce.:ar this 9 Franchise Agreement other than that conferred pursuant to statutory law. 10 11 2.5 Fick aclaawledges and ac� pts the legal rght,ot th ;lluruc�paTity is'surtd rnnairit 12 a Franchise: 13 14 2.6 No cable#elevison„system sha111 """allaVed #htieti muncptlity 15 or be,allowed to_operate withrtiut i3"Franc ii a Agreem` t 16 17 2:.7" Any cabte;television�system orh,open,video:=sy tem:.,or rvi� pew,Ae 18 fr-anchised'u rder fibeMutucip "Calsle"Colifturdoodris gutatoryt rdin nce,sCrdina i e lea: 19 ; Chapter =, shall obta n4a..Franch se pursuant:tet the:l luhicipa #y' 'TeIe+ec� mt nirali 20 Ordnance�No. Clip# r ,prior to prolog"telecejbih 21 ae vities,in the�Mtir AMpaiity 22 23 24 3.0 NON-EXCLUSIVE NATURE OF THIS FRANCHISE AGiEiIENT 25 26 This Franchise Agreetngnt shall not be construed as any limitation upon the right of the 27 Municipality to grant to other persons rights, privileges, or authorities similar to the rights, 28 privileges,and authorities herein set forth,in the streets or pubfic gro=dsptihlt rihts-ofway. The 29 Municipality specifically reserves the right to grant at any time such additional franchises for this 30 purpose as it deems appropriate.,[N ,y Fvllawrrig currently rrz Cry is unyarzcltise is 31 granted onmore favorable-to grantee`ther eof than these cor�i�er.herezn,ihert�F Wee 32 �t Dave lhe.rrght;ty camply;w:Wall ttie"#er�ms,if$Wu :,other fran�hise;.ta;t a a�c��r�t�p �:+�ahle,iii 33 lieu fodrrpzirZebhereu��th j 34 35 36 4.0 TERRITORIAL LIMITS 37 38 The rights and privileges awarded pursuant to this Franchise Agreengnt shall relate to and 39 cover the entire present territorial limits of the Municipality and any area annexed thereto during the 40 term of this Franchise"Agr went. 41 42 5 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 6 1 5.0 FRANCHISE RENEWAL 2 3 Upon completion of the term of this Franchise Agreement,the Municipality may grant or 4 deny renewal of this Franchise Agreement of Franchisee in accordance with the provisions of the 5 Cable Act and any other applicable federal, state and local laws. 6 7 8 6.0 FRANCHISE SUBJECT TO LAW AND REGULATION 9 10 6.1 The Franchisee and aAll terms and conditions of the,Ordinance,and this Franchise Agreement 11 are subject to Federal and State law and to the rules and regulations of the FCC and the NYSDPS. 12 13 6.2 All terms and conditions of this Franchise Agreement are subject to the approval of the 14 NYSDPS. 15 16 63 All terms,conditions,and provisions ofthe Municipality's Cable Communications Regulatory 17 Ordinance shall be deemed to be embodied in this,Franchise Agreement,:and the express terms of 18 said Chapter shall prevail over conflicting or inconsistent provisions of this. Franchise 19 Agreement. 20 21 6.4 The Franchise Renewal Proposal submitted by Franchisee and_related written response to 22 clarification questions provided to the Municipality shall,be deernedJa be embodied in the 23 Ordinance and this Franchise Agreement,and the express terms of this Franchise.Agreement shall 24 prevail over conflicting or inconsistent provisions of the.proposaL [Note.- Following was in City 25 Franchise. "Nothing.contained in this Franchise Agreement shall be construed so as to require the 26 commission of any act contrary to such applicablefederal and state law. In the event of any conflict 27 betweewthis Franchise-Agreement and applicable federal and state lawthe-latter shall apply. 28 Franchisee's acceptance.of this Franchise Agreement shall not constitute waiver or relinquishment 29 of any-right it may have, now or.hereafter, to seek judicial or other review of the validity, 30 constitutionality or enforceability of any of its provisions. 31 32 6.5 In accepting this Franchise Agreement, Franchisee acknowledges that its rights hereunder 33 are subject to the policepowers of the Municipality to adopt and enforce general Ordinances 34 necessary to the safety and welfare of the public,and it agrees to comply with all applicable general 35 laws and Ordinances enacted by the Municipality pursuant to such power. 36 37 6.6 All rights and privileges granted hereby are subject to the police power of the Municipality 38 to adopt and enforce local laws, rules and regulations necessary to the health, safety and general 39 welfare of the public. Expressly reserved to the Municipality is the right to adopt, in addition to the 40 provisions of this Franchise Agreement and existing laws, ordinances, and regulations, such 41 additional laws and regulations as it may find necessary in the exercise of its police power;provided, 42 however, that such regulations are reasonable and not materially in conflict with the privileges 43 granted in this Franchise Agreement. 6 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 7 1 6.7 Within sixty(60)days of the effective date of this Franchise A„ mn,the Franchisee shall 2 file a request for certification of this Franchise Agreement with the NYSDPS and shall provide the 3 Municipality with evidence of such filing. 4 5 6.8 The [NVgte "44 (Mcty,Qt'far the 'ily.of,!thr t} or other person as designated by the 6 Municipality,will be responsible for the continuing administration of the rights and interests of the 7 Municipality in the Franchise Agdnt ;and such person will be the addressee for all 8 communications of the Franchisee with the Municipality unless the Franchisee is otherwise directed. 9 10 11 12 13 pywCIUlecvm'munrcutxans LlrdihartceJ 14 6.f Any work on the cable television system which requires the disturbance of any street or 15 which will interfere with traffic shail not be undertaken without prior notification to and appro 16 by the-Ntm icipality. 17 18 6.2 No poles, underground conduits or otheit wire-holding- 19 Franchisee without the approval of the appropriate m=d6pat official tfiTough established pen 20 procedures to the extent that same 11110w or hereaftet may exist, with regard to the location, height-, 21 , such approval may 22 23 24 6.3 Ali structures, lines and equipment erected by the Francbisee within the Nfunicipahty shaH 25 be so located as to cause mininimn interference with the proper use of streets and public groundT, 26 mid to cause minitnum interference with rights or reasonable convenience of property owners 27 adjoin arry of the said streets and public grounds. Existing poles,posts and other structures of t! 28 electric power compwiy or wTy telephone compa”or a"other public utility vvffich may be avail 29 to the Francifisee shall be used to the extent practicable in ol der to nfininfire interference with tr 30 , 31 Fr=hisee's cable rdso shall be placed underground. Undeigtound work shall be coordinated with 32 , as may be required by the municipality. 33 34 , and keep clear trees mid bushe 35 upon mid overhanging all streets and public grounds in the Municipality to the rnininium extent 36 necessary to keep sarne clear of poles, wires, cables, conduits and fixtures. Five (5)business days 37 , the Franchisee will infbrm in writing affected property 38 -1 the nrarticip"d official responsible fbr monitoring the FL anctfisee's construction activities. 39 40 6.5 in the case of wry disturbance of pavement, sidewalk, drivevmy or other surfacing, 41 Franchisee shafl,at its own cost mid expense in the mamier ptovided and approved by d"Je murficipal 42 official responsible fbr monitoring the Frmichisee's constr!"Ietion activities, mid witbin 30 days, 43 replace mid restore stich pavement, sidewalk, driveway or surfacing so disturbed to as good a 7 •••or.la-igi IIIIII I IN livis • •L"Lwj ILVSsrq I to `••.13111 • 1 • - - - - -11 In 0 9 It-is a I I or-W.-ng L-NE.-I-0 I Ito Illilrd I ILWIVJ I to oil) I I I M11 I I - _ 9 -me oft'i It Note]It id,1112i'lluilloph� • OW U11111111111 • • r ■ ■:1 • :1 • ■1 1 .A• : r • :1 • :1 �• ■ : r • • -• ■ - - • - • ■ -■ ■ • :1 • Nno - - • ■ ■ ■ ' ■ : ■ • •1 • • • 1 ■ • :1 • • ■ • • Iiijil • . ■ • r ■ / • • ■ • ■1 r. • • ■IF ■ ■■ • • ■ • - • - ■ ■: :A • r 1 • ■ Mow • - • t • ■ ■1 1 r• ■ :1 ■ •1 1 ■ • 1 .1 • •• • : ■ • ILVJNLVI-MlIMVARO • :1 91 11111tom :1 • ■ 1 OFF"No • 191 VJ III1 • .P.11 It OB■ ■ • • •I KVJVIA■I I I• • • .1 ■ •• .1 It / • • ■ ■ • • • • • : ULLUMMMI • • • :1 • :1 ■ • • ■ • ■ r n /• :1 :1 r ■ ■ r ■ ■ • 09 ■ /: ■ /: ■ ■ / ■ • Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 9 1 2 3 [Note: TM&fe ,inn ded*n C"Obl r0rdz anCe:I 4 7.1 No einuTe in corArol of the Franeffisee, 5 without the prior written consent of the Nfimicipaw. 6 7 , 8 . 9 10 7.3 in determining whether to i petition, the Municip.0fity may consider th 11 fallowing: 12 13 a) of proposed assignee or transferee(including conducting wi investigation 14 , 15 16 , 17 18 , 19 20 , 21 22 e) the plans of the proposed assignee or transferee as to oFeration mTd maintenance 23 of the cable television systenr, 24 25 , between the Frandfisee and proposed assignee or 26 , 27 28 , and welfare of 29 the citizetry of thc municipality relative to the operation of the cable system, including th 30 possibility that the Municipality's approval of the af6rementioned petition will result in 31 t=eason6le increases in cable service rates. 32 33 7.4 A copy of the completed sales agreement,or a fanctionally equivalent instrmnent, betwee 34 the Frmichisee and proposed trminfiCree or assignee shall be provided to the Nfunicipahty, upoina 35 request of the fafter. 36 37 7.5 The Municipality may approve said petition confingent on compliame with additional 38 standards,tenns,or conditions within its regulat mid consistent vvith findings resultin 39 frorn its review of the afbrementioned petition. 40 41 7.6 fn the event that the lvl=ic pality reffises to grwit the afbrementioned petition, it Shall set 42 fbrth specific reasons fbr its decision in writing by rntmicipai resolatio 43 9 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 10 1 7.0 DEFAULT, PENALTIES, ,ABANDON 2 3 jNvte,"Revdca6on, 7*er tip crti ," ndfbdt�ernerrt to Zud t:t 'dabl,,> 'l rt } 4 7.1 The Nfunicipahty may at its option assess penalties according to Section 8.7 or revoke this 5 . 6 7 , after sixty days prior written notice from the Municipality, to 8 comply or to take reasonable steps to eomply with a material provisio.1j. or material 9 provisions of this franchisc-. 10 11 , or inak 12 a general assignatent fbr the benefit of creditors, or files a voluntary petition in bankraFtey, 13 or files a petition or answer seeking an arrangement or reorganization or readjustment of it 14 indebtedness tuider Federai bm*raptey laws or under any other law or statute of the Unite 15 , trustee or liquidato 16 of ail or substantially all of its property,or is adjudged bwfla tipt by order of decree of a court, 17 or an order is made approving a petition filed by mry of its creditors of stockholders seeking 18 reorganization or readjustment of its indebtedness under wy law or statute of the United 19 States or of any state thereof; or 20 21 C) The Francifisee attempts or does practice a fi-md or deceit in its securing of this 22 franchise, or 23 24 , pertaining to 25 pablie, educational, and govermnental access; or 26 27 e) The Franchisee practices fraud or displays repeated nt,.,gligence in the accurat 28 reporting of information to the fohmicipality, including but not limited to informatiolul 29 , ot 30 31 f) The Franchisee f6is to pay w7 legaily owed taxes or fees when dtre the 32 Municipality, unless the amotmt of such payment is part of a good faith dispute; in vvbic 33 case the payments in question wili be ptrt in escrow until the dispute is settled-,-or 34 35 , 36 or 37 38 11) The Franchisee &iIs to obtain the al of the Nfinficipality fbr transfer or 39 LIt Of t1w.franchise; ot 40 41 i) The Franeffisec fails to provide mid maintain the cable television systent"LIS specified, 42 in section 1 H herein; or 43 10 It' _ W.1 umlej I a I■ - •J 999919it-Jffrl=t"!A.l • ■ ■ r t M 111,91 •U K Imi I I III ■ • : • • ■1 ■ • • - rl • : • 0 - _ • : • • • .1mom-Notill oil. �WWIIIII,11,1111 NO wrwm pit all I .wotvmr.4oL,Air.t��ull alingimor-IN I I mll two • _ - - - - - - - - - - - - - - - - - MA logo 11.111i Imm • :1 1 : ■■ • • • ■ • :1 • :1 ■ / • ma ■• • • :1bins ■ • ■. - - - • • • r ■ •: • ■1 / • :1 • r •■• • ■t • ■1 • .1 • • • .1 .A • ••• • • • • ■ ■ • ■ . ■ • .A • • • • •r ■ - 111 PER.T--I IL"- W • • • - • • • • • 1 .t- - ■ - - - • - 1 •1 1 ■. • .1 ■ • ■ • ■ Mill I / • • :1 1 • : ■:1 • • ■ - - Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 12 1 �Nte 13ancsncXuded In,+ 1 Urdirte. 2 3 with the reVirentents of this Section as fbilows- 4 5 ,the Fhxh�re 6 shall obtain and maintain during the entire tenn of this frandfise at its sole cost and expense, 7 0,006), in 8 satisfactory to the Municipality to guarantee thefia"ithful perfbrmance by fl-re Franchis 9 its obligations as provided in this ftanchise. 10 11 b) The perfbrinatice and security bond shall be subject to btrt not be limited to th 12 fbilowing conditions: 13 f. The totrd amount of the bond shall be forfeited in favor of the Nfunicipality 14 in the event, after sixty (60) days written notice to the Franchisee vvith-q 15 f6r the latter to cure or challenge. 16 (i) fhe Franchisee abandons service to any portion of tfTe ?VftffjjCjPajjtjF 17 , 18 (H) the Franchisee assigns the franchise without the expli-ess written 19 consent of the Municipality; 20 (iii) the Franchisee f�ifs to comply with any requirement of this franchise 21 or the frandfise is revoked. 22 23 2. Not less than tifirty (30) d tten notice to the Nfinficipality shal 24 , or not to 25 renew the provisions of the bond: 26 27 C) The rights reserved to the Nfunic pality with respect to use of the performance and 28 secLuity bond are in addition to all oth "he Municipality vvhcfl=r reserved by 29 this franchise or authorized by law, and no action, proceeding or exercise of a right with 30 respect to such ftmd shall affect my other rights the Municipality may have 31 32 , the Franchisee shall deposit as 33 security fmid with the Municipality in a bank within the Municipahty, no later than thi 34 , 35 for the faithful perfortnatice by the Fratichfisee of the provisions of this frwichise: 36 f. The sectirity, fund shall be held in an interest bearing account md the 37 interest in said account shall be payable to fite Franchisee. 38 39 2. Within thirty (30) days of w-ry withdrawal from the sectuity fund ma 40 putstiant to this franchise, the Franchisee shall restote said ffind to the fall amount 41 presaibed in this section. 42 12 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 13 1 C) ff the Franchisee faits to inake a timely payment to the Municipality or its designee 2 of any arnount due under penalty provisions of this Section 8.7; or fails to repay the 3 , or i 4 the Nitinicipality is compelled to pay for any damages, costs, or expenses because of 5 defktdt of the Frmichisce in conjtinction with this franctfise, 6 withdraw the necessary or prescribed amount from the security fand and utilize said 7 . 8 9 , 10 insufficient to satisfy the total payment due, the balance of such payment shall contii 11 as an obligation of the Franchisee to the Nftinicipafity tintil fully paid 12 13 g) No anto-ant shall be withdrawn froin the seenrity fund described in this Sectio 14 8.7 if the event precipitating such withdrawal is the subject of a judicial challenge by th 15 Franctfisee,mid tintil mid unless final disposition b, the judicial authorities deterinines 16 such payment 11.just be made or the ma----r is o*LIJL,L%.-mise settled by an agreement betweet 17 the Franchisee and the MuniCipality. 18 7.1 If the Franchisee fails to observe any obligation under the FranchiseAgrree Merit and such 19 breach of the Franchise Aire em nt is insufficient to warrant revocation of the Franchise:AgreeffiO, 20 the Municipality may assess the Franchisee, and the Franchisee agrees to pay the Municipality, a 21 monetary penalty in accordance with the schedule of penalties set forth in this Section 7.0. 22 23 7.2 Within ten(10) days of receipt of a notice that the Franchisee has failed to comply with a 24 provision of the Franchise Agreetxentpursuant to Section 7.1 above, the Franchisee shall pay the 25 full amount prescribed in this Section 7.0 to the Municipality. 26 27 7.3 Upon failure of the Franchisee to make timely payment of an assessed penalty, the 28 Municipality shall have the right to withdraw the amount of such penalty from the seedy fand 29 established pursuant to this Sectionperfornian6ibonds estalaliWed,p uant tti$6e 06n 26:U. 30 31 7.4 Amounts received by the Municipality as penalties assessed against the Franchisee, whether 32 directly paid by the Franchisee to the Municipality or withdrawn from the security fund by the 33 Municipality, shall be placed in the General Fund of the Municipality. 34 35 A. Pursuant to this Subsection 7.4.A.,the following monetary penalties shall apply: 36 37 1. Failure to file requests for operating authorizations with the NYSDPS 38 within the specified thirty (3 0) days - $100.00 per day until filed. 39 40 2. Failure to deliver evidence of Franchisee insurance within the specified sixty 41 (60) days- $500.00 per day until delivered. 42 13 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 14 1 3. Failure to restore an amount withdrawn from the security fandperfmari+ee 2 bond;;cvnstructinn bo ,'0' r14 within the specified thirty (30) days - 3 $100.00 per day until restored. 4 5 4. Upon revocation of the Franchisegr+ t`� -,-with reference to the balance 6 remaining in the security fundptfprnanc ±? cpctin bondp letter of it 7 - full forfeiture. 8 9 5. Failure to render payment of the franchise fee within the time specified in 10 this agreement- $100.00 per day until paid. 11 12 6. Failure of the Franchisee to maintain proper operational function of the 13 emergency alert system as provided for in this agreement- $500.00 per occurrence 14 or$100.00 per day whichever is greater. 15 16 7. Failure to maintain picture or audio quality to standards specified in this 17 agreement- $500.00 per occurrence or$100.00 per day whichever is greater. 18 19 8. Failure to restore damaged property as required in this agreement - 20 $500.00 per occurrence or$100.00 per day whichever is greater. 21 22 9. Failure to cure on request of the Municipality any general lapse in compliance 23 with applicable customer service standards-$500.00 per occurrence or$100.00 per 24 day whichever is greater. 25 26 10. Failure to maintain proper logs, records, and files as required in this 27 agreement- $1000 per occurrence or$100.00 per day whichever is greater. 28 29 11. Failure to disclose pertinent books and records as required in this agreement- 30 $500.00 per occurrence or$100.00 per day whichever is greater. 31 32 12. Failure to comply with any proper and applicable prohibitions against 33 discriminatory employment and service practices - $500.00 per occurrence or 34 $100.00 per day whichever is greater. 35 36 13. Failure to meet with the governing body of the Municipality, upon the 37 latter's request, as required in this agreement or to cooperate with performance 38 evaluations as required in this agreement - $1000.00 per occurrence or $100.00 39 per day whichever is greater. 40 41 14. Failure to provide a required report within the time specified in this 42 agreement; or failure to comply with a specific order of the Municipality 14 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 15 1 appropriately issued under terms of this agreement or any valid legal authority - 2 $1000.00 per occurrence or$100 per day whichever is greater. 3 4 15. Failure to cure a lapse of maintenance or operation of the cable television 5 system affecting service within the Municipality in a manner consistent with 6 applicable standards as defined in this agreement and causing actual disruption to the 7 transmission of cable signals or creating an unsafe condition - $1000.00 per 8 occurrence or$100 per day whichever is greater. 9 10 16. Failure to provide or maintain public goods such as the Institutional 11 Network as specified in this agreement - $1000 per occurrence or $100 per day 12 whichever is greater. 13 1417. Failure to comply wt mat hal.pr� isit>fiagmen2t1 peg+ 15 16 7.5 The Franchisee shall comply with any and all provisions of the Ordin� this Franchise 17 Agreement, ,and applicable state and federal law and regulation. Once breach of a provision is 18 identified by the Municipality and the Franchisee is finally adjudged to have breached a provision 19 or provisions as provided in the' Order rice or this Franchise Agreement, the penalty and/or 20 revocation of this Franchise shall pertain as applicable. 21 22 7.6 Any fines or claims arising out of any actual breach of the-Ordinance br this Franchise 23 Agreement shall be effective from the date such breach is found to have commenced. The 24 Franchisee's responsibility to cure any such breach or remit any such fines or claims shall not be 25 diminished by the failure of the Municipality to enforce any provision of the Ordinance:or this 26 Franchise Agreement and the Franchisee hereby agrees to waive any statute of limitations that may 27 be applicable to any such breach during the term of this Franchise Agreenrt. 28 29 30 8.0 SEVERABILITY 31 32 [Note Tahe'discussed] 33 8.1 With the exception of material provisions as defined in this section, should any other 34 provision of this Franchise Agreernent-�be held invalid by a court of competent jurisdiction or 35 rendered a nullity by Federal or state legislative or regulatory action,the remaining provisions and 36 this Franchise Agreementshall remain in full force and effect. 37 38 8.2 For the purposes of this section,material provisions are deemed to be those establishing the 39 Municipality's right to: 40 41 A. Collect from the Franchisee the franchise fee established in this agreement; 42 15 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 16 1 B. Require that the Franchisee maintain and improve the cable television system 2 as per section 10.0; 3 4 C. Require public, educational,and government access to the cable television system as 5 per section 16.0; 6 7 D. Establish and maintain reasonable consumer protection provisions as per Part IV the 8 Cable Communications Regulatory=Ordinance; 9 10 E. Evaluate and approve transfers and assignments of the cable television system as 11 defined in section 7.0 of this Franchthe Cabe Com nni6ati0rts Regulatory- 7 mance; 12 13 F. Franchisee's obligation to remain in good standing with any federal or state 14 regulatory agencies. 15 16 8.3 If any material provision as defined in this section is held invalid by a court of competent 17 jurisdiction, or rendered a nullity by Federal or state legislative or regulatory action, then the 18 Municipality in its discretion may enter into renegotiation of the affected provisions or may terminate 19 this agreement. 20 21 22 9.0 EFFECTIVE DATE AND TERM 23 24 9.1 The effective date of this Franchise Agreemen shall be the date this Franchise Agree ent 25 is granted a certificate of confirmation by the NYSDPS or its successor. 26 27 9.2 The term of this Franchise Agreeinettt; Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 17 1 10.2 The Franchisee shall construct, upgrade or maintain a cable television distribution system 2 with a capacity of at least 750 MHz,of which at least 200 MHz is expected to be allocated to digital 3 distribution and have a capacity to carry a minimum of seventy-seven(77)video channels imom 4 . The system shall have a fiber to the node design which 5 will divide the distribution of cable signals into 506 homes per';f ber node or less. The system will 6 be designed so that there are no more than ( amplifiers in cascade, The Franchisee's cable 7 system shall only be placed in public rights-of-way or on private property where=a duly authorized 8 easement has been obtained prior to construction on the property. 9 10 The Franchisee shall provide the Municipality with advance notice of planned cable upgrades 11 which include installation of fiber cables. The Municipality may specify inclusion of additional fiber 12 strands,for which the Municipality shall bear the incremental cost. These strands shall be provided 13 to the Municipality as "dark fiber" as the Municipality may require. 14 15 All such construction and any subsequent maintenance, repair, or improvement of said 16 system shall use materials of good and durable quality and shall be performed in a safe, thorough, 17 and reliable manner. In accordance with the requirements of the NYSDPS, the exercise of this 18 Franchise shall include reasonable efforts in good faith to maximize the number of energized 19 channels and digital bandwidth,both upstream and downstream, available to subscribers. 20 21 The Franchisee will deploy as early as possible an on-line service for connecting personal 22 computers to the Internet and other information and communication facilities. 23 24 10.3 [Note: To be discussed]OPTION 1 -Throughout the term of this Franchise Agreement,the 25 Franchisee shall maintain and make regular improvements to its cable television distribution system 26 serving the Municipality to ensure that the technical capabilities of said system will not serve to be 27 a limiting factor on the Franchisee's ability to regularly implement new cable services as may be 28 created and developed during the term of this Franchise Agreement. If during the term of this 29 Franchise Agreement, the Municipality requests that the Franchisee make a review of whether 30 technology which improves or increases the quality or scope of Cable Services has been incorporated 31 into 20% of the Franchisee's Cable Systems, then the Franchisee shall initiate such a review and 32 make a report to the Municipality within three months. Thereafter, upon further request of the 33 Municipality, Franchisee shall cooperate in the consideration (including participation in a public 34 hearing, if appropriate) of whether it would be practical and in the interests of all parties to 35 incorporate such technology into its Cable System. This will not apply if the new technology shall 36 add an unwarranted financial burden to subscribers or is not economically feasible and viable for the 37 Franchisee as determined by the Municipality. 38 39 OPTION 2 40 10.3 The Franchisee shall construct, install,operate and maintain its system in accordance with 41 the highest standards of the art of cable communications, such standards to include, but not be 42 limited to the following: 43 17 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 18 1 A. The Franchisee shall maintain its system facilities in,a manner which will continue 2 to enable it to add new services and associated equipment as they are-developed,available, 3 and proved marketable to subscribers.. The new services and associated equipment shall be 4 added to the system facilities within one(1) yeaf:of when they,are4novided'in:any other 5 similar sized market owned by the Franchisee or parent,company and/or'owned by other 6 operators in the State of New York, excluding experimentatah"ilot projects, and�stidli 7 services and associated equipment can be offered on the Franchisees .system in an 8 economically viable manner (that`i§; Franchisee wilt be able to earnn ar profit over ithe 9 remaining term of the Franchise from the provision'd such service or equipment). 10 11 B. In the event the Franchisee;its parent company,or affiliates have installed state-of- 12 the-art improvements in at least twenty percent(205,o)of its other cable systems owned by 13 the Franchisee,its parent company or affiliates,which increases channel capacity,increases 14 bi-directional capacity,provides improvements in technological performance,provides for 15 additional interactive services ,and/or other substantial improvements available, then 16 Franchisee shall make said improvements available to the subscribers within one(1)year. 17 18 10.4 The cable television system shall incorporate equipment capable of providing twenty-four 19 (24)hour standby powering the head-end and any sub head-end,hub or node of the cable television 20 system so as to minimize area outages caused by interruption of power furnished by the utility 21 company. The standby powering equipment shall provide for automatic cut-in upon failure of the 22 AC power and automatic reversion to the AC power upon resumption of AC power service. The 23 equipment also shall be so designed as to prevent the standby power source from powering a"dead" 24 utility line. Franchisee,shall maintain standby power system supplies,rated for at least two and one- 25 half(2.5)hours duration at all optical node'locationsin-the distribution'network. 26 27 10.5 Franchisee shall construct the system in accordance with Franchisee's construction manual 28 which will be.kept in the City Clerk's office, and incorporated-by reference. At its sole cost and 29 expense, Franchisee shall,promptly provide the Municipalitywith' one copy of any updates or 30 modifications to the construction and installation-manual prior to any new construction, and 31 Franchisee shall'comply with such updated or modified construction specifications. Any such 32 updates or modifications shall comply with good engineering practices. 33 34 H.5 The cable television systems shail have the capability of sinitiltaneonsly overriding, within 35 the portion of fl-re systern serving the Mmieipality, audio signals of all eh==IS in order that this 36 capability may be utilized for the timisinission of vital pt?biic infbrmation in the event of 37 ernergency, disaster eondition, or similar occurrence. 38 10.6 Franchisee shall comply with the requirements of the Federal emergency alert system as 39 specified by the FCC(47 CFR Part 11.1, et seq.). Franchisee shall provide the Municipality with a 40 Local Alert System ("LAS")which shall allow the Municipality to initiate audio and video crawl 41 emergency messages to cable subscribers from any touch tone phone,with an access code. Persons 42 to be provided with access codes shall be selected by the Municipality.. The Municipality requires 18 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 19 1 that its government channel seine as the emergency vi deo feed, �unictpality shall"',onsult with the 2 Franchisee,when'de'eloping,co'ice to'ioVirii^#tie act vatic n ti the L 3 4 f 1.6 flie Frmichisee shall provide notice to custorners of their rights regarding horne wiring. 5 , rearrange or rtiaititain the home 6 ,or(iii)request Frwich see to provi 7 such service at standard hourly installation rates, phis materials at cost. if wry horne wirint, 8 improperly installed ot rearranged by my person ot entity other than Frarwhisee, 9 , the customer may be held responsible fbr the cost of rectifyin 10 the problem. Franchisee may terminate service to wiy location where signal leakage problems are 11 not corrected. Frarwbi.53ee will offer to supply high quality h- Ilaterials to avoid sign 12 leakage to customers at cost. Franchisee will not restrict the rights of customers regarding horne. 13 airing-[Nie:Inudel in Garble trzrtcznce,j 14 15 10.7` Franchisee=shall'perform all system tests and main#enanc procedures as requir,4by and in 16 accordance with t�C;NYDP ,.this Franch se,.Agreeme t,the Ordinance; and Franchisees 17 standards of gcocl+operating lractLee 18 19 10.8': 'The catlete1evision system.permitted tobe operated nerender;shall be installed,operated; 20 and tested, in conformance4ith the Ordinance this Franclus A ement;.the Renews":Proposal. 21 FCC and NYSDPS"rules and.'regulatiar � Any-FCC a►ii NYD ' tcchrucal standards or'guidelines 22 related to the cable television systern and facilities shAll be deemed ta`be regulitions'Ainder this 23 Franchise,,Agreement: At'such time as the FCC or NYSE&9'46es not regulate technicat'standards 24 theflatest)WS" S stand4d sh ll:be utilized., 25 26 14-9' .The,system:wl11 have thec�apIability_and;shall pass 1►ro4d Wff vision Systems Committee 27 �B 90 ste�ea signsls,.ar other stei en sijAaI for fh6se iirt ndcast;satellite,,and locally,originate+ 28 $dNkIges wh�ch,transmittl em. 29 �_ w. 30 10.101 lnitzal proof of vperfarmance testing shall occur w th n,si ty (b0)-days prier, to��,the 31 commencement°afthe cable television system service tc%each section.,c the i lunicipality as set fvrtl 32 in this Fre6chise'Agreement. Should perFoirrnanc :prove defective;the de eet'shall be°appropri fel 33 remedied: `The costs g such test shall be bb*solely y.Franchisee; 34 35101,:1 Franchisee shall "prow de x enable:the,provisian rif ht ear the t ilo ving'iiiitial�,broad 36 categQrie of programming: 37 38 A. 1✓cucational prpgraniming 39 40 News&-information; 41 42 C. 'Sports; 43 19 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 20 Generate nt(incl�d�n rnoyies) 2 3 E, Children/family-on&nted 4 5 F. Arts-culture and performing arts; 6 7 G, Spanish language; 8 9 H. Scienc turientary 10 11 Weithe"r Wormation 12 13 J. Pragraning addressed to etlriic and minority.interestsinhtlle Municipality•, 14 15 K.; lational state:and local government affairs;, 16 17 focal.progrnming:concertung:local and regional%issues, events, and affairs of 18 interest to Municipality resdents 19 20 M:. PEG,access programming; 21 22 1. Audio;programnung(including`lpeal iad o sf s);'and] 23 24 D. Prbgratnniing forepersons with disabilities: 25 26 10w 1 At least"bienznally,Franchisee shall conduct a syateinatic asc'ertainmen' t of the program nung 27 needs interests" and preferences nl-suospribers vvithig its Franchise area. Franchisee shall consult 28 and-4c�cprate with.the lVunicipalty -in develnpuag.:andunpleibenting::a mutually ;agreeable 29 ascertainment m thcaciolbgy dor:detcrrn�riiri ubscrib;r pr ggr rnin&pref rences. Franchisee shall 30 report to the Mt ilcipality the res Qf `ranphisee's programming:ascertainment and any actions 31 taken,,or to be taken,by Franchisee pursuant„thereto; 32 33 A. The Municipality at its sole option may,undertake an an nivai s rsrey,' nducted b an 34 independent researcher,, of'=community views of,cable,,operafi”: lit.the Municipality, 35 including, but riot limited to 1#6gr nrning;response to community needs and customer 36 service: 37 38 1Oa13 Franchise 'shall'-not": lelete :or so limit as to ,effectively delete any, bread category Of 39 Pr igramm ng id6nt fed.:_in Section 1U 11 and. vt�th�x its .contrt�l without the consent. of 'tfie 40 Municipality'or as otherwise,authorized byrlavv: 41 42 A. In the event any;applicablelaw or regulationnatertally alters the, terms3vad 43 conditions under~which Franchisee parries¢;ptcigramiYi ng with n°the broad pitogramm 20 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 21 1 category 4escrbed"in Section 10.1; �r then Fnchie shall,be.obligated tc eart<y such 2 Program n:,, jy-up+on reasonabl rm and c ndif 3 4 ll? _Franchisee,shAmainta�n, at a mz mur ��the to i, gc�al�ty� n�„I del.o �Progrioomlngl its 5 provided,on the eff,.e'e# ,date of the Fraacluse Agreerneril 6 7 10.4 5, Ally olosed csd',prog�im#i tray smitte d by Ilse% s e tshall incl d , gy red- 8 caption signed. 9 10 akS cactzorAa� ali tc oustomenda11 Frame° raburig 11 theproper.useo v wconn66tionI.,with the c ble2s ste and equipment, 12 13 i01-- Fquipmenl ' cr the distcilptic n�leadn+ *4re facd ',sybe af: i 14 ani nl quiiytd served and rep'aied iiia rega�rhall at all tmesl cif equal 15 or.better quality than the equipment or the equipment ori place on_the effective dates of this-Francl ise 16 Agreemett: 17 18 10:1 , Tbe. Vluuiaipality shall have theght',to �uspct 1eari �tq or ,ulstallan., ork 19 perft rm - ublect to the previsions e tre Ordinance and s + hi ,g ment W( such 20 tests as it ;shall'end necessary to:;ensure ecampl ance.with-hq terms, o the)Orcdinanr. and this 21 Franchise Agre'ement_and:other pertinent provisions of law. 22 23 24 11.0 SYSTEM PERFORMANCE STANDARDS 25 26 11.1 All signals carried by the cable television system shall be transmitted with a degree of 27 technical quality not less than that prescribed by rules of the federal and state regulatory agencies 28 having jurisdiction. 29 30 11.2 Operation of the cable television system shall be such that no interference will be caused to 31 broadcast and satellite television and radio reception, telephone communication, amateur radio 32 communication, aircraft and emergency communications, or other similar installation or 33 communication within the Franchise area. 34 35 36 uai&snwx cj IQl�F& OPFRQTIDN 37 3 8 Franchisee shall`ciStnFly with S ctivns R41 ,4.1,9 ai4all of, ar HT1,.off the l udcip�ity s 39 Tel omm.0mcat ons,0 e 40 41 21 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 22 1 13.0 SYSTEM MAINTENANCE AND REPAIR 2 3 13.1 The Franchisee shall establish and adhere to maintenance policies which guarantee delivery 4 of service to subscribers at or above the performance standards set forth herei J "i 5r4t ce"an,±-tIii§Franchise.Agre+emerit. 6 7 12.2 VAien interruption of service For the purpose of maldng repairs, adjustments, 8 installations, the Franchisee shall ck VRJ Unt. .--,%�,VL finie mid in stich inamer as will cause the leaSt 9 possible inconvenience to subscribers. Unless such interruption is unforeseen or innnediately 10 necessary, the Frmichisee shall give reasonable notice thereof to subsctibers-06ten Gable 11 trinrn �'] 12 13 t2.3 The compwTy shall 1=ve a toll-free telephone so that requests fbr repairs or adjustments w 14 received at mTy time, twenty-fbur (24) hours per day, seven (7) days per � �r� 1e 15 Ord nanee.J 16 17 13.2 The response of the Franchisee to such requests shall be in accordance with Federal and State 18 law and regulation at a minimum and,at all times,commensurate with the Franchisee's responsibility 19 to maintain service to each subscriber with the degree of quality specified die Cable 20 OrdinanceiOd ti is Franchise Agreement. 21 22 23 PART III -- THE SERVICE 24 25 14.0 GENERAL SERVICE OBLIGATION 26 27 4P T' ON"1r,se c to N'llage sof" lla e f True iansburg pillage©f laden, ill ge 28 6f,'t eights-j Cr�� n;ihe nad,the":C t r h is 29 30 14.1 The Franchisee shall provide cable service throughout the territorial and jurisdictional limits 31 of the Municipality upon fire- request 32 residentiai r connnercial property wittfin the territorial mid jurisdiefietral finfits of the iNtwficipality, 33 in accordatilee with terins and standards which less than the reqtnrements of Sectioul 34 595.5 of Subtitle R, 35 televi3ion plant andprovi�iorz of cubte teleri3ion se?Hem). fit is common fbr rural municipalities 36 to negotiate line extension terms that are more &vorable than those in Section 595.5J 37 38 �IFTION`Z,For i sefvi6 toFT wn'of Ithaca Town gfCarci1ine;Tow 'rrc ton " ", f g 39 th&To_n of U1 sses. 40 41 14:1 'The."Franchisee'shall,9#q+cable:service to all''"Jdences receiui"ng"cable service on'the 42 effe tx-0 date of this Franchrse.i Tn addition,th franc see shalLexten�s ry ce to all res de ces 43 within the.corporate-limits of*e'Municipality in vhicl°the de ty;"of resicl t es. s at lit fli eeu 22 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 23 1 (15)';residences per cable mile within seven(7)working:days,of it request: In-other areas with less 2 than fifteen (15) residences per mile, Franchisee shall=offer,a,:cost-sliaring arrangement with 3 residents. Franchise shall extend service within 45-days'.of receipt of payment in full,from''the 4 affected resident asset forth-below' : arrangement shalfconsist of the following. 5 6 A. On the request of a subscriber desiring service,Franchisee shall prepare, at its cost, 7 an engineering survey and cost analysis to determine the cost of the plant extension required 8 to provide service to the subscriber from the closest point onthe cable system. 9 10 B. The cost-of construction shall.be allocated,based on the following formula; If a 11 request for extension of service into a residential area requires the construction of cable plant 12 which does not pass at least fifteen (15) potential subscribers per,mile,' Franchisee and 13 subscribers will each bear their proportionate share of construction'costs. For,example,if 14 there are seven(7)dwelling units per mile;Franchisees share will equal seven(7)or one-half 15 ('f2) of the cost of construction. 'The remaining cost will be, shared equally, by each 16 subscriber. This line extension formula shall also be applied to any portion of a mile meeting 17 proportionate density requirements. For example,if there are fourteen(14)dwelling units 18 per one half mile,the Franchisee shall construct the plant. The cost sharing plan4escribed 19 above would be utilized if there were less than the proportionate share of dwelling uni#s per 20 the portion of a mile needed to reach the dwelling.units, 21 22 C. Should additional subscribers request cable:television;service, subscribers utilizing 23 the cost-sharing-plan for extensions shall be reimbursed pro-rata for their contribution or a 24 proportional share1hereof. In such case,the pro-rata'shares shall be recalculated and each 25 new subscriber,shall pay the new pro-rata.share,;and all prior subscribers shall receive pro- 26 rata refunds. At such time as there are said fourteen(14)potential subscribers per mile,:the 27 subscribers shall receive their pro-rata share of construction costs.."in any event,,at the end 28 of three(3)years from the completion of a'"project,the subscribers are no longer eligiblo for 29 refunds,and the amounts paid in construction costs will be credited to the plant account of 30 Franchisee.. 31 32 D. The plant extension shall be measured from the nearest point of access to the then- 33 existing system. Such point of access shall be the nearest point'that is located within the 34 public streets.,other public property,or easements. The total cable length shall exclude the 35 drop cable necessary to serve individual subscriber premises. 36 37 E. The average cost of line extension shall be recalculated annually and based upon 38 then-current costs for labor and materials. 39 40 14.2 The Franchisee shall not unlawfully discriminate against any such person as to the 41 availability, maintenance, and pricing of such cable service. 42 23 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 24 1 14.3 Franchisee shall, upon request, make Iservice available to ,all- commercial/industrial 2 establishments served aerially which are located within one hundred'and fifty feet (150) of the 3 system at Franchisee's standard installation rate expense. For commerciallindustrial establishments 4 served underground or for aerial extensions beyond one hundred and fifty feet(150'), Franchisee 5 shall, upon request, make service available on the basis of a capital -contribution in aid of 6 construction,including`cost of material,labor,and easements. 7 8 9 15.0 MUNICIPAL AND SCHOOL SERVICE 10 11 15.1 Wi6hn 12 monflis of the final execution of this agreement the Franehisee Shall provide 12 shall at ail titnes during this agreement maintain -reed betvveen the Framhisee and th 13 0, LW 14 The government and 15 educational access.channels shall be provided with the capability to transmit scrambled,.closed- 16 circuit institutional programming. The Franchisee shall provide an appropriate device for the 17 reception of institutional programming offered 'over the subscriber network on the scrambled 18 government and educational access channels to all local government and educational'locations 19 receiving free drops and service., The necessary headend equipment for modulation,scrambling,and 20 cablecasting of the closed-circuit signals shall be provided by the Franchisee.,Franchisee shall 21 provide channel scrambling and technical assistance to allow pre-assigned time for scrambling the 22 channels as requested by the Municipality and educational institutions'on the scrambled government 23 and educational access channel. 24 25 15.2 The Franchisee shall offer free 26 of charge,service connections of a type specified by the school at one outlet in 100% of the schools 27 (grades K-12) passed by its cable systems. Such connections will be installed as promptly as 28 possible and shall at all times during this agreement be maintained free of charge to all such schools 29 requesting connections. If any internal wiring installation is requested to serve additional outlets in 30 such schools,it will be provided at cost of materials and labor;provided,however,that such internal 31 wiring will be provided without charge if Franchisee is able to coordinate with other comparable 32 electrical wiring installation in cases of new construction or substantial rehabilitation of existing 33 schools. Basic Service Tier and Cable Programing Service Tier service or equivalent will be 34 provided to each outlet in such schools free of any charge. 35 36 The Franchisee will provide a free 37 monthly educational program listing to each connected school. Additional copies of such program 38 listings will be provided, if requested, at cost. Such educational program listing will identify and 39 describe programming on the cable system that is appropriate for use in the classroom and will 40 provide suggested curriculum support ideas. 41 42 The Franchisee will develop and 43 provide to connected schools materials for teachers that explain the educational applications of 24 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 25 1 Franchisee's broadband cable systems. The materials will include a self-explanatory notebook and 2 video. One copy of such materials will be provided at no charge to all school districts in the 3 Franchise area. Additional copies of such materials will be provided upon request at cost. 4 5 The Franchisee will provide each 6 school with a free connection to an on-line service for connecting personal computers to the Internet 7 and other information and communication facilities. Upon request,each school will receive one free 8 modem and additional modems will be provided upon request at cost. Free access will be provided 9 through each modem during each school year of this agreement. The Franchisee will sponsor a 10 workshop in each Franchise area to educate teachers about the on-line service and to provide an 11 opportunity for hands-on training. 12 13 The Franchisee agrees not to recover any such costs for this educational public service as 14 external or other costs. 15 16 17 16.0 PUBLIC,EDUCATIONAL,AND GOVERNMENTAL ACCESS 18 19 P'alacy issues,reran : ,:this ,section"to he discussed Section'wii b ,rev%sed baed,°on, 20 negvtiativnq 21 16.1 The Franchisee shall comply with Federal and State law and regulations requiring and 22 pertaining to public, education, and governmental access to the cable television system. 23 24 16.2 In order to develop and promote public,educational and governmental access programming 25 for the system's access channels and institutional services,the Franchisee hereby agrees to provide 26 the following: 27 28 A. (1) Nine downstream channel(s) shall be designated for public, governmental, 29 and educational(PEG)access. The goye,.t 'access channels shall be available 30 for use by New York State r local governments,„,,”Thc'ecl" "Ad"', mss; i 31 shall be ma able t+n public and private educational institutions,., I'h rbc 32 access.chanri 06 shalf,:l eavailal?le#o`.orgaii attons and members of the general 33 public , itmicipal sei vices and lo 34 �,provided that all programming is produced or sponsored by a resident of 35 Tompkins County and pra��4 that pragrhm in ;� � „ 36 rejulatas provide by the public.access channc),opeorxs f ante...;Ttr tr - z� tssd J ... . 37 38 (2) All recess channels shall be placed on thbasic tier a sereyT e 39 l ranchisee shill use its best eff�irts to rt atntain the cab16 channel`p�Ss�t on t�l�`thc 40 access"chaicinels throughout;the term f thse,Agreeritent, 41 42 (3} The access channels shall be placed on the basic tief:orf service avabe 43 to all sultscribers upon'°the> request of Mui icipality ranchY �_ authcirit es 25 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 26 1 including those in.multi,family dwelling units (unless,otherwise agreed to by the 2 Company anauthorities):. 3 4 ( } Five perdeht:(S,%) df digital eapacrty or other technological 5 imprdveme*,shall be"reserved fdit'access,use.. 6 7 ( S><x ) aud><o,chancels;stead. ,designated" opu1i , eatiQnalop 8 governmentss 9 10 (6) (Nvtea..Fr= 11 t t caf Iota it 'ra se "Any.P "'ha nne1"F a scc 1 %�1uniciiality 12 three years�the effective date;, ref.this 'franchise Agrcea�nen+~, sl�ald revext lci 13 Franchisee;provided that if.community needs:sub* require'the"use'Of any 14 such, will etur",r 0hah el tot lu i � attty fid) rnvttth. 15 after reserving. Written;.notice,if , 'ra chaseey-has a used for th4;:channel. tnd 16 immediately "there isria use for the channel."f 17 18 (7) The public,governmental,and educational access channels shall be available 19 on a first-come, - at no charge to any individual, association, or 20 sear. 21 22 B. Upon the request of the Municipality, the Franchisee shall interconnect the access 23 channels of the cable television system with neighboring cable systems, [1V©te; n,To Ad, s 24 C'crunty?I.,The.educational access channels) halX be.tntercondect with the"eld cable 25 systemsix(6)months of,the egecf ve date e this FraccluseAAgreement. 26 27 C. (1) Local Programming Equipment. In instances, as set forth in Appendix L], 28 where the use of local origination equipment is shared with access, this equipment 29 shall be made available to access users free of charge at such time as the facilities 30 are open and where the equipment is not being utilized for local origination 31 productions. All local programming equipment shall remain the property of the 32 Franchisee but shall be made available for access use by the Municipality, local 33 institutions and residents and surrounding Franchisee system residents. 34 35 , Govermnental and Educationai Access Equipment. The franchis 36 shail provide a list of available equipment within sixty(60)day of the request by fli 37 38 39 <, .. (2) Acc+✓ss Equipment;aand Auailabilityj[Note , rvm City crf lthaca=F'runehse 40 "All ac,ccess eq ip Ont shall remain the property q'Frarzchsee but shall Ire=rrad 41 avalrhre fQr'pcCess use, b the un lvcaX instatatavis,and residents and 42 surras» zng Frrnchisee s ?sterr reszdents on.aterage annual bars .Fraicnrce 43 has.,agreed to`provde 2 °of Gross Muncrpalrty,, evenus for capital PEG access 26 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 27 1 equipment replacement and expansion. Any future access equipment replacement 2 and expansioncommitments that are made by Franchisee to municipalities served 3 by the same headend as the Municipality, will be deducted to a floor of one percent 4 of gross Municipality revenues, All access equipment shall be available to access 5 users on:a first priority basis before local origination users."] 6 7 (3) Equipment Maintenance. PEG, municipal access and local origination 8 equipment will be maintained and/or replaced by the Franchisee in a manner 9 consistent with good operating practice and in a reasonable timely manner. 10 Maintenance of that equipment will be done on site, or at any Franchisee facility,or 11 at a manufacturer's repair facility in a reasonable timely manner. [Note: To be 12 discussed.] 13 14 (4) Change in Technology. In the event Franchisee,makes any change in the 15 cable system and related equipment and facilities or in Franchisee's signal delivery 16 technology, which directly or indirectly affect the signal quality or transmission of 17 access programming,',Franchisee shall at its oven expense take necessary technical 18 steps,provide necessary technical assistance, and acquire all necessary equipment, 19 to ensure that the capabilities of accessproviders or access channels are not 20 diminished or adversely affected by such change. 21 22 D. The Franchisee shall maintain its local programming studios at a central location in 23 Tompkins County. The Franchisee shall adopt business hours which shall provide for the 24 use of the studio at a minimum of sixty (60)hours a week between the hours of 9 a.m. and 25 11 p.m., including some evening hours and some hours on Saturdays and reasonable 26 accommodation during school hours at the request of educational institutions. The 27 Franchisee shall offer additional weekday or weekend hours as community needs dictate. 28 [Nate: To be discussed as RFRP requested additional hours.] 29 30 16.3 The Franchisee shall establish rules to ensure that the studio(s)and portable equipment are 31 available equitably to the governmental, educational and public sectors. Rules for public access 32 should assure the availability of the studio(s) and portable equipment on a first-come, first-served 33 basis. The Franchisee shall file all rules and amendments with the New York State Department of 34 Public Service, the Tompkins County Intermunicipal Cable Commission, and the Municipality. 35 Such rules shall at all times include the following provisions. [Note: To be discussed.] 36 37 A. Procedures for scheduling the use of television production equipment and for 38 scheduling the cablecasting of programming on the channel(s) designated for the purposes 39 enumerated in Section 16.2 above; 40 41 B. Procedures for registering and resolving complaints regarding channel availability, 42 priorities and usage. 43 27 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 28 1 16.4 The Franchisee shall provide and continue to.provide and maintain all origination sites in 2 place on the effective'date of this Franchise and those listed in Appendix_. If the Municipality 3 designates new access providers or if a current designated access provider moves its site or location 4 at its own instigation after the effective date of this Franchise, the Franchisee shall provide'the 5 origination site with a new connection of its is within 500 feet of a fiber node,for longer distances, 6 the designated access provider der and/or the Municipality,will fund the incremental, direct costs to 7 construct the cable system to the new sites beyond the initial 500 feet from the new site or location 8 to the nearest activated fiber node,or fiber provisioned node site, or distribution hub. 9 10 16.5 The following requirements shall also apply to access use: 11 12 A. No charges or minimal charge shall be paid for the use of production equipment 13 facilities and personnel;[Note.- To be discussed] 14 15 B. Records shall be maintained of the use of the designated television channels, 16 including the names and addresses of persons and organizations providing programming 17 for such channels; such record shall be available locally for public inspection and retained 18 for a minimum of two years; 19 20 C. Designated channels shall not be used for the promotion or sale of commercial 21 products or services, including advertising by or on behalf of candidates for public office. 22 23 16.6 The Franchisee shall provide adequate programming and technical staffing for the 24 maintenance and operation of the access channels,facilities,studio and equipment,and the provision 25 of access services as required in the Franchise Agreement. The Franchisee shall provide, at a 26 minimum, five full-time access staff people. [Note: To be discussed, includingfollowing option.] 27 28 OPTION: 29 30 A. The Municipality may designate entities to be PEG access providers, including 31 itself for government access purposes,, to control and manage the use of any or all access 32 facilities, funds, and channels provided by the Franchisee under this Franchise,including, 33 without limitation, the operation of interconnected access channels. To the extent of such 34 designation by the Municipality, the designated access provider, shall have sole and 35 exclusive responsibility for operating and managing designated access facilities and 36 channels. [Note: To be discussed.] 37 38 B. Franchisee shall cooperate with designated PEG access providers in the use of the 39 cable system and access facilities for the provision of PEG access. The Franchisee shall 40 enter intosuch operating agreements with designated PEG Access providers as may be 41 necessary to facilitate and coordinate the provision of PEG access, provided that all such 42 operating agreements shall not be inconsistent with the terms of this Franchise. 28 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 29 1 2 16.7 The Franchisee shall provide adequate training for access users free of charge. At a 3 minimum, the Franchisee shall provide monthly access production and editing training classes, 4 provided that community interest of five or more residents in any given month exists. At no time 5 will a resident be requested to wait over two months for training. The two training classes will each 6 be approximately nine hours in duration. 7 8 16 ;IWo F911©wing -o the Crt p lrhaca Frafi h fi " " hzs a hdI providq.adeq ut r � " 9 pr�ogrammtngZnd teelinicat staffing for the maintenance ancoeratcon",Of the access channels, A a �ljtt s . ludiq and equrpment, and.nc�pravisr©n of r cess servzc s° r'e oared ih the;Franchise 11 ani,yrs, rnt+ t ec,: ,tlte.Frai eh se pr, postzl Francdzasee rd prc uir ; rinimum, two full-time 12 acs$ tarf 7p�vple 't' the iii cif lh 1'r�anc e10 away `e r d rn,cri txvnal full"time'ac,cess staff 13 �Qr n�t the completion orf t c rebludd(nv,later than March 1,JO&end cr,fourth full=ti e access 14 sta "persara at the;,beginning of 0ar�ofthe Fra?ic4tso otc aO, full=time staffp sari at the 15 b oning of year,den df the:F'ranchase Franphasee shall have I rr jht,to petitton tlie„Cobte 16 C'gritmasston zn d 9X and.d996 tr�,ha�?e.tli requfrerrietit ty n X l fourth andlvr ffddraceess staff 17 plcwa which wayershadd=not be granted an crny evenrif=crirrmuraity needs support tlt 18 19 20 16.9; ,The Franchis sha I provide a,.report.an�lly tQ the MSP pa itty on 1 th p rtavisiop40 21 equipment and funds provided under,Section 1.6' The Franchisee shall nbirnit such report to",, ,e 22 Municipalities:witlitx 120 da}s ofthe close of the Franehsee''s fiscal,y Municipality may review 23 records of the Franchisee and=access proders regarding the use of funds4escribed in such epQA 24 [Note \Discuss access providers or reports on use-] 25 26 16.10 The Franchisee,at a minimum,shall provide each subscriber information on the availability 27 of the access channels,production equipment,training and the Franchisee's address and telephone 28 number on a regular basis. Access programs shall be announced in the cable guide based on 29 reasonable rules for timely submissions. The Franchisee will also advertise programs and access 30 services in newspapers of local circulation. The Franchisee shall conduct facility tours and maintain 31 a speakers bureau to provide informational presentations to local organizations and institutions. The 32 following outreach activities.will be conducted The Franchisee shall ensure 33 the development and propagation of public, governmental and educational access as a vital 34 community resource. 35 36 16.11 The Franchisee will cablecast the regular meetings of the Tompkins County Board of 37 Representatives and [the Municipality should specify local meetings or events it will require to be 38 cablecast as part of this Franchise Agreement]. lN as from the City ofIr �+�a 39 Franchise: T`F anchisee w ll cablecast the monthly C©mmon Cv ancil rneerarzgs and,! IessYhart two q » 40 (2)-of he fve (5)'Standing'+ ommdttees of ienct ,meetings."an 4r tno�itlit rsrs T, 41 discussed J 42 29 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 30 1 16.12 The Franchisee shall provide access users with the following access damage waiver policy 2 for negligent damage to equipment. Negligent damage shall not include ordinary wear and tear,and 3 mechanical breakdown through causes not the fault of the operator. 4 5 A. An annual payment of$15 will reduce the volunteer's total liability for equipment 6 damage and repair to $250 for each individual use of the equipment. Such annual payment 7 may be increased by the Franchisee consistent with increases in the Consumer Price Index. 8 9 B. An annual payment of$25 will reduce the volunteer's total liability for equipment 10 damage and repair to$125 for each individual use. Such annual payment may be increased 11 by the Franchisee consistent with increases in the Consumer Price Index. [Note. To be 12 discussed.] 13 14 C. The Franchisee may require access users who do not elect the damage waiver 15 policy to be fully liable for damage to equipment. 16 17 16.13 Franchisee agrees that financial support for access arising from or relating to the obligations 18 set forth in Section 16 shall 4n.no way modify or otherwise affect Franchisee's obligations to pay 19 franchise fees to the Municipality. Franchisee agrees that although the sum of franchise fees and the 20 payments set forth in Section 16 may, total more than five percent (5%) of Franchisee's gross 21 revenues in any:12-month period, the additional commitments are,not to be offset or otherwise 22 credited in any way against any franchise fee payments under this Franchise. The Franchisee and 23 Municipality will mutually agree in advance on the content and format of any separate line item on 24 the monthly bill related to local programming. 25 26 16.14 Franchisee agrees to provide the following publicity services, at its own expense; 27 28 A. If the Franchisee offers a guide to subscribers, and is capable of providing local 29 program listings,and listings of local access and training channel programs are provided by 30 the Municipality and/or access providers in a timely manner,the Franchisee'shall ensure that 31 the Municipality or access provider-provided program listings are carried free of charge, on 32 a daily basis,on the Franchisee's channel dedicated to providing program guide information. 33 34 B. Franchisee will include written information about public,educational and government 35 access programming and activities in its customer information,materials given to new 36 subscribers. 37 38 C. At the request of the Municipality, Franchisee will promote specific programs 39 through messages on customer bills once each quarter taking into account that FCC or 40 Franchise required regulatory notices shall be given precedence. Municipality may annually 41 supply bill stuffier copy to the Franchisee and the Franchisee shall print and include such 42 stuffers when space is available,but at least once a year. The Municipality will coordinate 43 with the cable system manager on distribution. 30 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 31 1 D. Franchisee agrees to provide PSA's on available cross channel promotional time.. 2 3 16.15 Franchisee shall assure that the access channel delivery.system from the following origination 4 sites ,specified herein meet the same technical standards as the remainder 5 of the system. In addition,Franchisee agrees that it will use its best`efforts to maintain the active 6 input points at the technical level of the entire cable system and respond to requests to improve 7 signal quality from the specific input point within 24 hours. Within one week of notification of 8 activation of a new input point,Franchisee will use its best efforts to assure the quality of the signal'. 9 [Note: To be discussed, including transition to fiber I-net.] 10 11 16.16 [Commission model.] The Franchisee shall support the creation and maintenance of an 12 Access Advisory Board,appointed by the Tompkins County Intermunicipal Cable Commission and 13 complying with the requirements and recommendations of Subsections 595.4(c)(1)&(2) of Subtitle 14 R of New York State Cable Regulations. The Advisory Board shall review and monitor all access 15 policies and procedures but will remain advisory in nature. The Franchisee shall consult with the 16 Advisory Board on the purchase of equipment,the studio hours available for access users,and access 17 rules. The Franchisee shall provide quarterly reports to the Board on the purchase and maintenance 18 of equipment,the schedules of access staff, and the use of studio time. 19 20 16.17 [Note: Following is from City of Ithaca Franchise: "Franchisee shall support the creation 21 and maintenance of an Access Advisory Board, to consist of nine (9) members: three (3) 22 Municipality residents (two to be appointed by the Municipality, one to be appointed by Grantee), 23 two (2) non-Municipality residents (one to be,appointed by(the Municipality, one to be appointed 24 by Grantee), two (2) representatives of institutional access users - (both to be appointed by the 25 Municipality), and one(1)Franchisee representative and one (1)Municipality representative. The 26 Franchisee representative and Municipality representative will be non-voting members. The 27 Municipality Cable Commission shalt designate one of the members of the Advisory Board to serve 28 as Chair. The Board shall schedule regular meetings as it deems appropriate. Four(4)members 29 shall constitute a quorum. The Advisory Board shall report regularly to the Municipality Cable 30 Commission. If at any time the Municipality Cable Commission determines that the Advisory Board 31 is no longer effective or necessary, the Cable Commission may dissolve the Board and its duties and 32 responsibilities shall revert to the Municipality'Cable Commission. The Advisory Board shall 33 review and monitor all access policies and procedures but will remain advisory in nature.'' 34 Franchisee shall consult with the Advisory Board on the purchase of equipment, the studio hours 35 available for access users, and access rules. Franchisee shall provide quarterly reports to the 36 Board on the purchase and maintenance of equipment, the schedules of access staff, and the use of 37 studio time."J 38 39 16.18 Nothing in this Franchise Agreement shall preclude development of alternate organizational 40 structures for management of the access facilities mutually agreeable to all parties involved, 41 including, but not limited to management by a not-for-profit third party. 42 43 31 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 32 1 17.0 INSTITUTIONAL NETWORK 2 3 17.1 Tim Frwichisee will estabfish mi histittrtional network which wiH carry fuli-Inotion , 4 voice mid data signals to and front the fbHowing network sites. all schools and buildings listed in 5 Appendix f2m, TsT-BeeEs, institutions of higher learning in the FLanchisee's stibsctiber area 6 , 7 , 8 9 Each netmik site wiH be intercomiected with the network at asite-Specified- 10 via dedicated cable and the neeessary modulators and other iryterfitee equipment. eabHrig; 11 modtflators wrd my other interface equipment wifl be installed mid maintained at no charge by 12 Franchisee. The Frmchisee will provide ongoing operafional and teeluical support for the network 13 , 14 working hours. The ptibiic school and figher edmation sites shall additionally be provided with 15 basic tier subscriber set vice at no chargc. 16 17 The netmork wiH be capable of simaltmieously sending and receiving full-motion , 18 -voice and data signals between and among arty sites on the network. The network will aiso b 19 intercorniected to the public subscriber network to enable signals from the institational tretwork to 20 be earried on publiely accessible chmnels over the cable system by pri =t with th 21 Frmrchisct 22 17.1 Franchisees upgrade net;shall, at a:`irnum,oprnnt:I'E =Institutions to transmit 23 programming via;upstream institution network chatuels tc franc `s,headend, .aid'Hien to 24 downstream open or closed;; "E ,access:.:channelsvri Fraarse ` iclezztial netwcxk,. o to 25 downstream institutional network:elannel seririg any.P !i,ia ���a.o the cable system; Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 33 1 17.4 The shall own and the Franchisee shall construct and maintain the 2 institutional network. [Note: Ownership to be discussed.] Franchisee agrees snot to charge the 3 institutional network users for the use of the institutional network (e.g. video, voice, and data 4 transmission,and other telecommunications applications). The City of Ithaca School District,the 5 County,or Consortium municipalities may have any network or service connected to the institutional 6 network. Neither the institutional network or its communications capacity shall'be made available 7 for use or resale to any persons or entities not directly affiliated with the City of Ithaca School 8 District,the County,or Consortium municipalities or as otherwise specified in the Cable Ordinance 9 and the Franchise Agreement.[Note:Discuss TW request for right of first refusal. Also discuss use 10 by non-profits.] 11 12 17.5 Franchisee shall engage in cooperative planning with the City of Ithaca School District,:the 13 County,or Consortium municipalities to ensure that the final design is comparable to the preliminary 14 design regarding the number,routing,scheduling,and placement of fibers for use in the institutional 15 network. See Appendix "I-net Preliminary Design," attached hereto and incorporated by 16 reference. To keep cost at a minimum,Franchisee shall use its best efforts to integrate the City of 17 Ithaca School District, the County, or Consortium municipalities's needs into the cable system's 18 design. Franchisee shall provide to the City of Ithaca School District;the County, or Consortium 19 municipalities its best estimates of institutional network costs, and the design maps related to the 20 institutional network,from time to time,as they are completed. At least ninety (90)days prior to 21 construction, Franchisee shall provide to the City of Ithaca School District,-the County, or 22 Consortium municipalities for its review and approval, the design, a quotation of costs, and 23 schedules for construction and installation. [Note: Financial arrangements to be included here.] 24 For the purpose of this Franchise Agreement,incremental material cost shall be defined as only that 25 portion of the costs of the institutional network incurred by Franchisee,in the installation of its 26 facilities which exceed the construction capital cost of the cable system and, but for the additional 27 capacity provided upon request of the City of Ithaca'School District, the County, or,Consortium 28 municipalities„which;Franchisee would incur in its normal course of providing facilities for its own 29 use and purposes. For example, external costs will reflect only the incremental material costs for 30 additional fibers within Franchisee's common cable sheaths,where applicable,but there will be no 31 labor costs charged to construct such common cable sheaths. ,All non-incremental expenditures for 32 construction, installation, and activation of institutional network facilities, beyond Franchisee's 33 planned cable plant, may be charged ,but the overall cost for the I-net shall not 34 exceed $ . [Note: To be negotiated.] Franchisee shall provide to the City of Ithaca 35 School District,the County, or Consortium municipalities an itemized accounting of charges. 36 37 17.6 The Company agrees to construct the institutional network to,additional City of Ithaca School 38 District,the County, or Consortium municipality-owned buildings upon the request of the City of 39 Ithaca School District,the County,or Consortium municipalities. [Note: Will there be service to any 40 leased buildings?] The expense of future sites which are treated as an external cost shall not exceed 41 Franchisee's actual cost of construction from the connection point to the nearest point on the 42 institutional network. 43 33 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 34 1 17.7 The participating agencies and institutions shall purchase all necessary end user equipment 2 for institutional network applications,with the exception of the access equipment specified in this 3 Franchise Agreement. 4 5 17.8 Franchisee shall ensure that the institutional network and each institutional network location 6 connection specified by the City of Ithaca School District,the County,or Consortium municipalities 7 shall be designedaccording to Appendix ,attached hereto and incorporated by reference. The 8 City;of Ithaca School District,the County,or Consortium municipalities shall select the location in 9 the buildings for terminating the fiber optics and Franchisee will install SC`connectors.. 10 11 17.9 Franchisee shall make:available space within, or in close proximity to, its headend, OTN 12 hubs,and other cable facilities to allow the City of Ithaca School District,the"County,or Consortium 13 municipalities to locate its institutional network electronics as required for.the operation of the 14 institutional network. Franchisee shall provide the optical and electrical patching, switching, and 15 modulating means necessary to effect the interconnection of incoming institutional baseband video 16 and audio signals.from City-of Ithaca School District, the County; or Consortium municipalities- 17 authorized educational and governmental entities to the subscriber network, so that switching can 18 be accomplished remotely by telephone or by data link by the participating'locations. 19 20 17.10 Franchisee shall complete the Institutional network with—months of the execution of this 21 Agreement, and shall complete institutional network extensions requested after the construction 22 within six'(6) months following a request for extension by the City of Ithaca School District,the 23 County, or Consortium municipalities. 24 25 17.11 So long as it is technically feasible and does not interfere with normal;operations of the 26 cable system, the Municipality and the Franchisee shall cooperate to use existing conduit or fiber 27 for the purpose of expanding the I-net to achieve the most economical coverage. [Note:New.] 28 29 17.12 .[Note: Maintenance to be discussed.],. 30 31 17.13 Under normal operating conditions, Franchisee shall respond to technical problems on the 32 institutional network within four (4) hours with the exception of public safety. In such cases 33 where notified that the technical problem is a public safety.problem, Franchisee shall respond 34 immediately. 35 36 17.14 [Note:Existing Cable 7-net to be drafted,'including operation until cutover to fiber I-net.] 37 38 34 t t 1 t. • 1 1 1t" _ ■ 1 1 1 , ■ , , 1 / •jilt V\�:•\l1.)•t t\]�V VL • • _ 1 • I atoll 0 111 • Wall :1 1 : - ■ ■ .:1 ■ WA 14 5 111111 of DOWN wo� • -,Mwlumppwl�own a ME wt .1 ■ tl • - • • .A ■ .A ■ .1 • • • ■ t t • • 11 .1 • .1 • 11 • .1 .1 • .1 • A r 1 A J111"I • t .1 • Y 1 .1 1 111 r. • • • . r1 .1 • ■ ■ • MUM • r • . •r• • • • • •: ■ •: • • • ■ ■ . ■• • ■• ■I I I 1 1111 .111 111111 1111111 111111111111 1 1 1 .1 ■ RIM 11 • r.1 ■ 1 ■ .1 1 •■1 ■ III III 111 Lol 1 or.I I • ■ • • • : ■� :�� • • :1•t .1 .kotalloteJUIll,111 ■. ■ ■ iiiiiii 11011■ t • 1 ■ .1 • 1 • I t. •A•r.I N ROM ■ NJ I•KIM 4 11 ■ • • • Y • - • .1 1 r 61 .1 .1 . ■1 • • .1 1 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 36 1 18.6 At wry time during the terin of this franchise, in the event that the law or regulations of 2 state and federal reguiatory agencies having jurisdiction change to permit a fee in excess of th 3 permitted on the effective date of tHs franchise, then the franchise fee shall be raised by th 4 Franchisee up to the m ifitted, upon request and notice from the t9ftnticipaW. 5 6 f 8.7 The Frandfisee will not apply,fmchise fees as credit against special franchise assessn.ent 7 . 8 9 H.8 The franchise fee payable under this section shail be in addition to wy and all obligations 10 ,and govermn 11 access as described in this franchisc. 12 13 14 19.0 fNDENfNf9P'iz AND fNSU 15 16 [Nati ct ACable Oi nance.] 17 19.1 The Framifis.:e shail purchase and maintain the fbilowing leve6 vf generai liability irtsurmw 18 during the term of this frmichise that will protect the Frambisee and the Municipality from 19 claims against either or both which may arise directly or indirectly as a result of the franchise 20 21 ,006 per per 22 $5,000,000 23 24 $3,000,000 per occmience 25 26 , its officers, employees, 27 , rd 28 ' 29 including claims regarding the interpretation of this clause, resuiting from bodily , Tty 30 its ap,.IIAM 31 , s- i . Ir of tire cable television 32 , or 33 by reason of w7 suit or clairn fbr rolVatties,ficense fees,or infringement of patent rights arising from 34 . 35 36 i 9.3 The liability i Hcy shall bear the narnes of both the FrancMsee and 37 Municipality as named insureds. 38 39 19.4 All such Franchisee insurance policies and certificates of inattrance shail stipulate timt 40 coverages affirded mider the policies will not be canccled wifil at least thirty(30)d tten 41 notice has b een given to the ManiciFality. 42 36 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 37 1 , the Franchisee shaH 2 furnish to dic Municipality certificates of insurmict- 3 4 19.6 All insurance coverages shali be subject to approval of the Municipafity as to the issttin6g 5 Franchisee and the f6rin of the policies mid certificates of insurance. 6 7 8 18.0 RATES AND CHARGES 9 10 18.1 Rates and charges imposed by the Franchisee for cable television service shall be subject to 11 the approval of the Municipality,the NYSDPS,and the FCC to the extent consistent with applicable 12 State and Federal law. 13 14 18.2 The Franchisee shall comply with all notice requirements contained in the Or anis 15 Federal and State law and regulations pertaining to rates and charges for cable television service. 16 17 18.3 The Franchisee shall not oppose,nor in any way object to,any request for certification filed 18 by or on behalf of the Municipality with the Federal Communications Commission pursuant to the 19 Cable Act. 20 21 18.4 22 in the establisinnent and application of its rates and charges for serviceeFiracltlsee shall 23 deny-seivice;�., en y apcess, or otherwise discrim na `against subscr haanel a rs'o .genu 24 cr � re ioncreed;natronal br g>n,`age, sem,or.physical or,mental 25 handicaps, prodded the subscriberhalrypay all.applicable.fees_.for t«he`service desired. Tl><e 26 Franchisee,shall comply,at all time with all other;;appiable Feral;'Slat:and local"laws and 27 regulatio and all oxecutiye and a rnintlslratiye'orders and rat eat i0ii g,ty n °non, scr ininat 28 which;are.hereby tnccrnnrated and;made:part of the.Ordinance�d`flus„Franchise.Agrement by 29 reference. 30 31 32 19.0 EMPLOYMENT PRACTICES 33 34 19.1 The Franchisee will not refuse to hire or employ,nor bar or discharge from employment,nor 35 discriminate against any person in compensation or in terms,conditions,or privileges of employment 36 because of age, race, creed, color,national origin, or gender. 37 38 [Note-Frorn City vfl� existing- be��ewd 39 19 l Franchisee agrees "It's” alt nat dis ntmate aga ist arty n ee c� pp1i� �t 40 em:0161Xi ,g art- �a 41 sexia<al ont'htativn ora a banal e prefe rence�In th mpl_ynte f pei ns Fran+eluse alt:fully 42 .,_ . ltk aizxtia�e achoito insure the 43 applicantsrwe employe+ and that empoyeeal 10 -,tin regard te? 37 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 38 1 race col , rlion, sex, disbilitya atotal.n fn`ftl entat� nor 2 affecti©nal:preference: 3 4 19.2 Franchisee shall ben�qunl p rtz�xrityl�ffirtnat�ve,Acts�n��Mplc�yer adhering;ta all 5 Federal,Statebr municipal laws and regulation: Pursuant to'47'CFl2'76„ , nd'oth rsapplic ble 6 regulations of the FCC,Frarteln ee;sh4Ale wF*ual Emplbyr eat Qppb t Af r nt ve A t+ n 7 Prom with:the FCC and,atherise':'comly; thy all CC regatiuns withresikt-.tot 8 Employment/Affirmative Action Oppgrtunities.. 9 10 _ ranchsehull.a6t afrinatively to imcrea the nunbe o wimen andmenbersf various 11 ty:grc pp Co t i it app axirnate.;propdr i6n,- i the t rl 1c"ula�ti€n of the F a chiso are'at all 12 levels" f em lo., oqt ,.: d,te enhance the o P ym pporttzes fo�women and Ysrious minority-groups to r 13 advatt�.an v n, o tion X11=catog0fies o� ntpl mo t AsPOWits bl�g ti nurg,ej ch rt 14 1"8.1'alio ,Franchisee shall'ta1 a affirariative acti€�n;to employ,during the t<o st cric n;operation �, 15 and matntenanc .©f the<Calile.Cotnim ications System minorities and females" Fran hisee shall 16 submit to tfie City annual El Q rep irts gWre+l by tlxd Federal.Cvm un cation :Com rssi gin: 17 18 19 20.0 MUNICIPALITY'S RIGHT TO EQUAL BENEFITS AND SERVICES 20 21 During the term of this Franchiser,Agreeiient, the Municipality shall be entitled to any 22 benefits, services, or advantages provided to any other municipality within Tompkins County which 23 exceed those required by this Franchise Agr enept. 24 25 26 21.0MUNICIPALITY'S RIGHT TO INQUIRE ABOUT AND INSPECT SYSTEM 27 28 21.1 The Municipality, at any time, may make reasonable inquiries related to its regulatory 29 responsibilities, concerning the management and operation of the cable television system by the 30 Franchisee. The Franchisee shall respond to such inquiries forthrightly and in a timely fashion. 31 32 21.2 VAiere repeated subscriber -ornplaints cause the Nful-ficipahty to question the reliability or 33 teciffficai qtmfity of cabie service, " � I . .. fity shall have the right and authority to test or r . i 34 the Franchisee to teat, analyze, mid report on the perfbrmance of the cable television system, 35 Franctfisee5s 36 testinINvte IncXuated in gblc Or lmnee:,j 37 38 21.2 The Municipality shail have the right to inspect all construction or installation vvm* 39 perfbrined subject to th if this framtfise and to make such teats as it shed!find necessary 40 [Xntw 41 Inclu&cl unicans.Ordi�ance;J' 42 38 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 39 1 2H At all reasonable finies and fbr the purpose of enforcement of this ftanchise, the Fratichisee 2 shall permit exwnination by mV duly authorized tepreserrtative of the Nimlicipality, of all cal 3 teievision system facilities,together vvith w-ry appmtenwit property of thM,Franchisee situated within 4 ffic NtwficiFality mid otrtside of ffic Ntwficipality if it is utilized in the operation of the Municipality4s 5 jNvt Included m 7:elecmmunrattns C?rdnre} 6 7 21.2 The Municipality may require that any tests performed at the Municipality's request be 8 supervised or conducted by a Municipality designee, not an employee or agent of the Franchisee. 9 The Franchisee shall reimburse the Municipality for the costs of such designee if the tests performed 10 show that the quality of service is below the standards set forth in the°f)r'ftw this Franchise 11 Atirnextt. 12 13 14 15 16 [Nate:Included;in"Calif Ordinance j 17 , 18 firtmicial statenients and other like rHateriai of the Franchisee, upon reasonable notice mid during 19 normal business ho=s. 20 21 24.2 if atry of such maps or records are not kept in the Mwficipality,or upon notice the Frmidfiaee 22 is unable to provide the records in the Murficipality, and if the Municipahty shalf determine that 23 examination of such maps or records is necessary or appropriate to the performance of the 24 , 25 necessarily incurred in making such examinatkin shall be paid by the Franchisee 26 27 28 25.0 RENOWN TO BE FILED BY FRANeHISEE 3Ai9FH THE mtfNf efpAhiTzy 29 30 OCable fir'€r *1 31 'the Franchisee shail file with the Nitmicipality a copy 32 , 33 , the Franchisee's opera 34 cable television systcin in the Nitmicipality. 35 36 25.2 The Franchisee shall prepare and strbinit to the Municipality an ammal report setting fbi-th 37 the physicaf miles of pfazit construction mid plant in operation within the Nfunicipahty during 38 . 39 40 25.3 The Franchisee shali file with the Nftmicipafity, simultaneously with their delivery to 41 subscribers in the Municipality, copies of all printed inaterials prepared fbr general distribution 42 subseriberT. 43 39 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 40 1 25.4 �Hie f6flowing sy stem wtd operationaf reports shall be submitted armually to the hftuficipaW. 2 3 , 4 , 5 tiew services offered, mid the character and extent of the service rendered to other users of 6 the system-, 7 8 , 9 10 , an 11 action and firne taken to restore service. 12 13 25.5 �Hre Framifisee shali farnish to the Nfunicipality such additionM infomiation md records with 14 respect to the operation, affairs, transactions or property of the cable television system mid the 15 , as may be reasonably necessary Mad 16 appropriate to the perfbrinatice of any of the rights, functions or daties of the Nfunicipahty in 17 corniection with this frwichise as determined by the MunicipaW. 18 19 25.6 The Franchisee shall famish to the Nfunicipahty copies of perfonimce and testing res 20 conducted pursuant to the requirements of federal wtdatate regulatory agencies, The reports shal 21 be sent to the Municipality within i 5 days of the completion of wly such testing or retesting 22 23 24 25 26 [Not e "ru . nrblzrrd;Tlcarrxur" itionrdiarces:J 27 28 State law and regulation. f f such law or regulation permits the later destruction of said records, 29 FraneMsee shall provide the Nfinficipality with ninety(90)days prior notice of its intention to destroy 30 said records to permit the Municipality to inspect said records if it so d 31 32 26.2 The Franchisceshali maintain a fall and complete set of plants, records and "as buift" maps 33 ,exclusive of subscri 34 service droprs 35 36 , 37 inspection and copying by the Murkipality or its designee daring tim Franchisee's regular business 38 hours upon reasonAle request. 39 40 40 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 41 1 22.0 MUNICIPAL EMERGENCIES 2 3 In the event of a major public emergency or disaster as determined by a designated official 4 of the Municipality,and upon the demand of such official,the Franchisee shall make the entire cable 5 television system available for use by the Municipality or other Civil Defense or governmental 6 agency designated by the Municipality, for the term of such emergency or disaster. 7 8 9 10 11 12 Ordmdni ce.J 13 14 15 28.f The Frwichisee shall comply with all Federal and Staft lam and regtdations, 16 all industry codes of good practice that regulate the Franchisee's customer service responsibilit 17 in the event of conflicting provisions, the Franchiseeshall comply with the provision establishing 18 a stricter standard. 19 20 28.2 At tire time an installation or Inent is to be signed,the franchisee shall farnis 21 , 22 , 23 inffirmationregarding the availability of parentai control devices; 24 ,the frarteffise 25 shall provide subscribers with privacy infbrination at least once a year mid other service related 26 information at mry time upon recittest- 27 28 28.3 The franchisee shall provide to all subscribcrs annually and ail prospective subscribers or 29 users complete written infbrmation upon soficitafion of service and prior to the constanination Vf mry 30 agreement fbr instaflation of service. Such sales material shall clearly and conspicuously, disc! 31 the price and other infbrination collicerning the franchisee's least cosfly service. Such information 32 shall be written in plain Engfish and shall include btrt shall not be firnited to the fbHowing: 33 , 34 Srade ot downgLade charges, 35 of video�assette recordets (vepvs) with cable service(s) and the cost fbr hooking up snai Ve 36 37 28.4 *11 rates for subscriber services mid leasing of charmels shall be published. A written 38 schedule of all rates shall be available upon request during business hours at the franchisee'D 39 business office mid all other facilities. Nothing in fifis Frmichise shall be construed to prohibit th%:, 40 reduction or waiver of charges for attracting subscLibers, or the estabiHnnent of charges mid ra 41 schedules that may vary with volmne or nature of usage or progrmns 42 41 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 42 1 28.5 in the event fimt the fratTehisee's service to wry subscriber is interrupted for fo=(4)or rn 2 consecutivC,hours,the fratichisee shall expeditiously graryt such subscriber a pronata credit. 3 4 28.6 Each representative or employee of the franchisee entering upon private property shall 5 required to wew wi enjiFloyee identification card issued by the franchisee and bearing a picture-of 6 said representative. 7 8 , including 9 ,who will be in contwt with the public. Stich documents s If An1,-Uv4 10 ,the franchisee shall use it 11 best effbrts to clearly identify all pelsonnei, vehicles, 12 under the authority of the franchisee—. 13 14 15 sixty (60) days. The franchisee will discorrtiAlluie charging subscriber., fbr service on the date 16 requested by the custoiner. The fmcf-Asee may charge customers for wry u=eturmd equipment mfi 17 the equipment is retumed to the frwichisee by the customer. �flie franchisee shall ref=d on a pror- 18 rata basis wry prepayments made by the subscriber 19 20 21 22 23 in 0&'Ord nance.] 24 23.1 25 regular business day. 26 27 23.2 The Frmichisee shall respond to area otttagcs inunediately: 28 29 23.3 The Frmichisee sh-all complete all requests foL instMiation within five btlaineaa days 30 receipt of such requests. Reasonable allowances fbr peak periods associated with the return of 31 student population in August and September will be made by the Municipality; 32 33 23.4 flTe FrwTchiseeshall nraintain the systent to ineet all tedmical requirements of the Fee, 34 New York State Departntent of Public Service and,to the extent allowable under applicable law,the 35 technical standards included in the Franchise. 36 37 23.5 9HTe Franchisee shall maint.lin a businesas office centraliy located within Tompkins eowity 38 and shall infbrin castoiners of its hours. flie Franchisee agrees to extend business hours if necessary 39 to meet the needs of its subscribers. 40 41 23.6 The Franchisee shali respond to all written billing inquiries within one week. 42 42 ,1- � 11iii i . ., 1 . . . .. •:, . . .I ., .Mr. .. WFMY - -i I I v ej toka-IM11,11 U-J I I k-J Er-W1 9 1 MINI N 191"IMI I LIJ 0 L-J I IS IL-16 I L-1.1 Me IN k VJR 514 1 L-AM 9 0 tek-j I • Y _ - _ - I KGAII 1A Y • • • - 1101"m ■ • •• • . . 1 • • .1 .1 • . r. • . • .1 • • • .1 • • 1 ■•1 , 1 , • ■ ••• ., .., • • . • .w • • w.• / Y Y swime III ODOM - - - - • . • .1 1 • • . �1 1 . • �1 . • r . •.. •1 . • •J 191r WN .. . r• .� • r r • . . • . Nil • • . 1 .1 . - . - . . - .. - . . 110M,A Y 1wov4sanintmim .11 I Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 44 1 with the Nitmicipafity,which shall have primary responsibility fbr the confirming administration of 2 this Fruzeffise mid the implementation of conipfafiit procedures. A representative of the Franc! 3 shall be availabie thereafter o meet j offifly with the NfurAcipality and the affected subscriber or user, 4 , to fuily discuss and 5 resolve the matter if the mattcr cannot be resolved, 6 ,all judgments mid costs for attomey's fees will be 7 paid by ffic Franchisee—. 8 9 24.4 V&enever notice of mry public ineeting relating to the cable television system is requi 10 by law or regulation, 11 ,place and purpose i . .er of general circulation once in eac 12 , the fitst publication being not less than f6tirteen(H) days befbrc 13 day of mry such hearing, mid the Franchisee by periodic mmouncertient on the pro fide 14 ,or if such chm=1 is not available on a local origination chmmel be en fl�hours 4 s�ve 15 . 16 17 18 25.0 REQUIREMENT FOR*DmATE eommuneAmon 19 20 [Nate:Included in+Cu te.OidiMncej 21 25.f The Frmichisee shall trtilize a 24 -hour telephone system that nTeets the Hlowing minfin"n 22 sem. 23 24 , 25 enough incoming lines and adequate staff to p ting calls such that each%,afl i0s 26 miswered in four(4)rings mid no caller is placed on hold fbr more than thirty (30) second 27 to reach a custorner se ntative. 28 29 . 30 31 e. No more than twenty percent (2056) of all calls shall trigget an overflow dev 32 . 33 34 25.2 The Frmichisee shall have the ongoing responsibility to insure that the telephone systern 35 utilized meets the custorner service needs of its subscribers. in evaluating the performance of the 36 Franchisee under this section, the Nfunicipality may review telephone systems in use in other 37 , pertinent 38 reguiations in other j urisdictions, evaluations of telephone system perfbrtnance conurzoniy used h ja 39 the industry, mid oflier relevant factors. 40 41 25.3 The Franchisee shall maintain E-maii service mid admowledge rnessages witbin the n 42 business day and respond as requited in this Franchise Agreernent. 43 44 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 45 1 2 210,FR I M,, SF FE1 "ANI(UU6W &9 B l 4 23-1-, Franchisee shat l p 'Itc t1 e 1Vlwnxc p lity a frarit; fee f h pew t(51Y a s annum 5 revenues or ?mairnumt errid b tach isia .nod�c 6 operation under-the,Franchise#pursuan, the provisions c the ( ardrxiance. ux an the 7 6"aak,fec Mali lie irnpi n red°as an a , r ct t"61'64'60, 164'60, 8 9rancl"see shall fi1ristrp�tiont�ond tpalrty'a�� � trlhe`Qrdirtatit 10 d ring tae:cgnWuct on,vfti r build a t o i,"Xint o 11 performance bond of T 4 irhr�lshall e.re sh ax�ur fin X10} n � die 12 Municrgahty as specifi+ in the OrOjpani se shahl p'ovr le�c co rsfzuctron,hc�nd'ariil 13 per ormariee,:hond theluncilialatl'within," , itj,(3 Q}€1a fee date° tis . hite 14 Agreemext, The Nttiniccipality,shallcerihathe rehuilci ic4s ' 1 tlpo�aece o such 15 certficatien,.the;Frariehr' e ?maYatrcel the cortsructinn httid anare bonslrall:be 16 maintained during e of the Franck gua fih ,: �o aza of si11 its 17 ohlgations under thirrance ansthrsrrcluAgPertret 18 19 20 24;0 Hkjj 3AT 21 22 241 The)Vlurclpty shaalexearc,seuPprnpzateyeaa uthvirteth . � soft 23 Or i narie and this l Manchus ;Agreerneriti. Re atrb t may, e e ?s 24 w4or far the Gita pf It raecr l ,h s est ne � 25 26 xFzanchisee by,acrp egkttslarel zsn that � vt pernrm ardeeA1 27c hb� ibtrs impised�'�rprenl or ;prorrcd,b ,tlre..1� � ? , of„lhrs Frihrse 28 Dr roposal. 29 30 24V,W ithrri°six (6);:moatt s z9the c r ve dale of 31 rertribue the Municipality for r4 reneVval'related expear�e� ranchrws a,t str�hs 32 sha11*be,deducted from:the fi xichise fee or passe .to d ans scrii ei- 33 � un temteip 34 2� mPGa1 Tpoi ,request;,Franclusee shall attepd all rneee T© 35 � he�mmisaott(Ntrt plsc�3. fo fix ' an, prove rrdilY...QI ..M . . 36 37 24 That Firs ic�see agrees to abide`by the Fed al,!Q0 niotio 0_11 s1 n nh 38 regarding 61itioid" ss""t -and polrtz aik tonals, 39 40 24;6 The Fxarie�;`agreesto bomplY with a1h`lawfuh Federal State a eah rest iaa���i 41 respect-to open access to tlie,Fanclise's cable nrodeglatfc �orq� c%rs c►1Intenet service; 42 including '.buuot Irmated to; rlawfiti,am�ndment.ofhe Cadted Orduince 43 45 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 46 1 24.7 The Municipality requires the Franchisee to make reasonable-accommodations,upon request, 2 for people with,disabilities,including beingADA compliant. 3 4 5 25.0 COOPERATION 6 7 The parties recognize that it is within their mutual best.interests for the,,cable television 8 system to be operated as efficiently as possible in accordance with the.requirements set forth m this 9 Agreement. To achieve this,parties agree to cooperate with each other in accordance with the terms 10 and provisions of this Franchise Agreement. Should either party believe that the other is;not acting 11 timely or reasonably within the confines of applicable regulations,and proceduresin responding to 12 a request for action, that party shall notify .the- person or agents specified,in this Franchise 13 Agreement. The person or agent thus notified will use its best effort to fadiltate the particular action 14 requested. 15 16 17 26.0 WAIVER 18 19 The failure of the Municipality at,any time to require performance by Franchisee of any 20 provision hereof shall in no way affect the right of the Municipality hereafter to enforce the same. 21 Nor-shall the waiver by the Municipality of any breach of any prevision hereof,be taken to'be a 22 waiver of any succeeding breach of such provision,or as a waiver of the provision itself. 23 24 25 27.0 CUMVIAIM'PROVISION 26 27 The rights and:remedies reserved to the:Municipality by_this.,=1~ranchise.Agreement,are 28 cumulative and shall be in addition Wand not in derogation of any�rights or remedies which 29 the Municipalitymay have with respect to the subject matter of this Franchise,and a.waiver thereof 30 at any time shall have no effect on the enforcement of such rights or remedies at a future time. 31 32 33 28.0, CAPTIONS 34 35 Captions to sections throughout this=Franchise Agreement are'solely to facilitate the reading 36 and,.-reference to the sections and provisions of the Franchise Agreement. Such captions shall not 37 affect the meaning or interpretation of the Franchise Agreement. 38 39 40 29.0 ENTIRE AGREEMENT 41 42 This Franchise Agreement and all attachments hereto,and the Ordinance,and all attachments 43 thereto,as incorporated herein,represent the entire understanding and agreement between the parties 46 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 47 1 hereto with respect to the subject matter hereof, supersede all prior oral negotiations between the 2 parties, and can be amended, supplemented, modified,I or. ,changed gnly as provided in said 3 Ordinance. Prior to Municipal action on this Franchise,Franchisee"shall duly execute a copy of this 4 Franchise: 5 6 7 30.0 MISCELLANEOUS PROVISIONS 8 9 30.1 The Municipality shall have the right to promulgate new, revised or additional consumer 10 protection standards,and penalties for the Franchisee's failure to comply therewith, consistent with 11 the authority granted under Section 632 of the Cable Act(47 U.S.C. Sec. 552). 12 13 30.2 During the term of this Agreement,the Franchisee shall be liable for the acts or omissions 14 of its affiliates while such affiliates are involved directly or indirectly in the construction, 15 installation, maintenance or operation of the cable television system as if the acts or omissions of 16 such affiliates were the acts or omissions of the Franchisee. 17 18 30.3 Nothing herein shall be deemed to create a joint venture or principal-agent relationship 19 between the parties, and neither party is authorized to,nor shall either party act toward third persons 20 or the public in any manner which would indicate any such relationship with the other. 21 22 30.4 Every notice to be served upon the Municipality shall be sent by certified mail, postage 23 prepaid, to the Municipality, at: City of Ithaca, 108 East Green Street, Ithaca NY 14850-5690. 24 Every notice to be served upon the Franchisee shall be sent by certified mail,postage prepaid,to the 25 Franchisee at its Ithaca office, at: Time Warner, 519 W. State Street,Ithaca,NY 14850. 26 27 30.5 All future Federal and State laws and regulations pertaining to customer service and 28 consumer protection shall be directly applicable to and enforceable against the Franchisee, subject 29 to the provisions of Section 27.0 of this Franchise Agreement. However, any diminution of current 30 Federal or State laws or regulations shall not apply,unless voided by a court or courts of competent 31 jurisdiction or expressly preempted by Federal action, and Franchisee shall conform and comply to 32 the standards in effect at the time of such change in said laws or regulations and to the standards 33 contained in this agreement. 34 35 30.6 Any fines or other claims arising out of any actual breach of the'Ordinance and this Franchise 36 Agreement hall be effective from the date such breach is found to have commenced. The 37 Franchisee's responsibility to cure any such breach or remit any such fines or claims shall not be 38 diminished by the failure of the Municipality to enforce any provision of the Ordinance and this 39 Franchise Agreement and the Franchisee hereby agrees to waive any statute of limitations that may 40 be applicable to any such breach during the term of this Franchise Agreement. 41 42 47 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 48 1 31.0 ENTIRE AGREEMENT 2 3 This Franchise Agreement, and all attachments hereto,represents the entire understanding 4 and agreement between the parties hereto with respect to the subject matter hereof, supersedes all 5 prior oral negotiations between the parties and can be amended,supplemented,modified,or changed 6 only as provided herein. 7 8 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed 9 as of the day and year first above written. .10 11 ATTEST: ,New York 12 a municipal corporation 13 14 15 16 Clerk (Mayor) (Supervisor) 17 18 19 AOL Time Warner, Inc. 20 21 22 23 24 Witness (President) 25 26 27 28 SEAL 29 48 FRANCHISE AGREEMENT BETWEEN MUNICIPALITY, NEW YORK AND TIME WARNER WORKING DRAFT October 5,2000 TABLE OF CONTENTS 1.0 DEFINITION OF TERMS 2 PART I -- THE FRANCHISE 2 2.0 GRANT OF FRANCHISE 2 3.0 NON-EXCLUSIVE NATURE OF THIS FRANCHISE AGREEMENT 3 4.0 TERRITORIAL LIMITS 3 5.0 FRANCHISE RENEWAL 3 6.0 FRANCHISE SUBJECT TO LAW AND REGULATION 3 7.0 DEFAULT, PENALTIES 4 8.0 SEVERABILITY 6 9.0 EFFECTIVE DATE AND TERM 7 PART II -- THE SYSTEM 7 10.0 SYSTEM SPECIFICATIONS 7 11.0 SYSTEM PERFORMANCE STANDARDS 11 12.0 CONSTRUCTION& OPERATION 11 13.0 SYSTEM MAINTENANCE AND REPAIR 12 PART III -- THE SERVICE 12 14.0 GENERAL SERVICE OBLIGATION 12 15.0 MUNICIPAL AND SCHOOL SERVICE 13 16.0 PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS 14 17.0 INSTITUTIONAL NETWORK 20 PART IV -- FRANCHISEE'S OBLIGATIONS TO THE MUNICIPALITY 22 18.0 RATES AND CHARGES 22 19.0 EMPLOYMENT PRACTICES 23 20.0 MUNICIPALITY'S RIGHT TO EQUAL BENEFITS AND SERVICES 23 21.0 MUNICIPALITY'S RIGHT TO INQUIRE ABOUT AND INSPECT SYSTEM 24 22.0 MUNICIPAL EMERGENCIES24 23.0 FRANCHISE FEE AND PERFORMANCE BOND 24 24.0 REGULATION 24 25.0 COOPERATION 25 26.0 WAIVER 25 27.0 CUMULATIVE PROVISION 25 28.0 CAPTIONS 26 29.0 ENTIRE AGREEMENT 26 30.0 MISCELLANEOUS PROVISIONS 26 31.0 ENTIRE AGREEMENT 27 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 1 WORKING DRAFT A FRANCHISE AGREEMENT between the ,a municipal corporation located in Tompkins County,New York, hereinafter referred to as "the Municipality" and hereinafter referred to as "the Franchisee" WHEREAS If any section,sentence,paragraph,term or provision of this Franchise Agreement 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, Franchisee and the Municipality shall negotiate in good faith and agree upon a provision which will achieve the same purpose as closely as possible. The Municipality has all exclusive and requisite authority to grant Cable Television Franchises and renewals permitting and regulating the use of its streets,rights of way,and public grounds;and The Franchisee, having previously secured the permission of the Municipality to use such streets,rights of way, and public grounds under a Franchise Agreement that has since expired, has petitioned the Municipality for a renewal of such Franchise Agreement;and [Note: This provision to be inserted if agreement is a renewal agreement.] The Municipality and the Franchisee have complied with all Federal and State-mandated procedural and substantive requirements pertinent to the Ordinance and this Franchise Agreement;and The Municipality has approved, after consideration in a full public proceeding affording due process, the character, financial condition,and technical ability of the Franchisee;and During said public hearings and proceedings,the Franchisee's commitments, as set out in this Franchise Agreement, for constructing, maintaining, improving, and operating the cable television and communications system were considered and found adequate and feasible;and This Franchise Agreement, as set out below, is non-exclusive and complies with the Franchise standards of the New York State Department of Public Service, THEREFORE The Municipality and the Franchisee agree as follows: [Note: "Cable communications system" changed to "cable television system" throughout, and `franchise renewal [agreement]"to "Franchise Agreement.'J FRANCHISE AGREEMENT BETWEEN MUNICIPALITY, NEW YORK AND TIME WARNER WORKING DRAFT October 5,2000 TABLE OF CONTENTS 1.0 DEFINITION OF TERMS 2 PART I -- THE FRANCHISE 2 2.0 GRANT OF FRANCHISE 2 3.0 NON-EXCLUSIVE NATURE OF THIS FRANCHISE AGREEMENT 3 4.0 TERRITORIAL LIMITS 3 5.0 FRANCHISE RENEWAL 3 6.0 FRANCHISE SUBJECT TO LAW AND REGULATION 3 7.0 DEFAULT, PENALTIES 4 8.0 SEVERABILITY 6 9.0 EFFECTIVE DATE AND TERM 7 PART II -- THE SYSTEM 7 10.0 SYSTEM SPECIFICATIONS 7 11.0 SYSTEM PERFORMANCE STANDARDS 11 12.0 CONSTRUCTION & OPERATION 11 13.0 SYSTEM MAINTENANCE AND REPAIR 12 PART III -- THE SERVICE 12 14.0 GENERAL SERVICE OBLIGATION 12 15.0 MUNICIPAL AND SCHOOL SERVICE 13 16.0 PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS 14 17.0 INSTITUTIONAL NETWORK 20 PART IV -- FRANCHISEE'S OBLIGATIONS TO THE MUNICIPALITY 22 18.0 RATES AND CHARGES 22 19.0 EMPLOYMENT PRACTICES 23 20.0 MUNICIPALITY'S RIGHT TO EQUAL BENEFITS AND SERVICES 23 21.0 MUNICIPALITY'S RIGHT TO INQUIRE ABOUT AND INSPECT SYSTEM 24 22.0 MUNICIPAL EMERGENCIES24 23.0 FRANCHISE FEE AND PERFORMANCE BOND 24 24.0 REGULATION 24 25.0 COOPERATION 25 26.0 WAIVER 25 27.0 CUMULATIVE PROVISION 25 28.0 CAPTIONS 26 29.0 ENTIRE AGREEMENT 26 30.0 MISCELLANEOUS PROVISIONS 26 31.0 ENTIRE AGREEMENT 27 Tompkins County Intermunicipal Cable Commission Model Franchise Agreement October 5,2000 Draft Page 1 WORKING DRAFT A FRANCHISE AGREEMENT between the ,a municipal corporation located in Tompkins County,New York, hereinafter referred to as "the Municipality"and hereinafter referred to as "the Franchisee" WHEREAS If any section,sentence,paragraph,term or provision of this Franchise Agreement 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, Franchisee and the Municipality shall negotiate in good faith and agree upon a provision which will achieve the same purpose as closely as possible. The Municipality has all exclusive and requisite authority to grant Cable Television Franchises and renewals permitting and regulating the use of its streets,rights of way,and public grounds;and The Franchisee, having previously secured the permission of the Municipality to use such streets,rights of way, and public grounds under a Franchise Agreement that has since expired,has petitioned the Municipality for a renewal of such Franchise Agreement;and [Note: This provision to be inserted if agreement is a renewal agreement.] The Municipality and the Franchisee have complied with all Federal and State-mandated procedural and substantive requirements pertinent to the Ordinance and this Franchise Agreement;and The Municipality has approved, after consideration in a full public proceeding affording due process, the character, financial condition,and technical ability of the Franchisee;and During said public hearings and proceedings, the Franchisee's commitments, as set out in this Franchise Agreement, for constructing, maintaining, improving, and operating the cable television and communications system were considered and found adequate and feasible;and This Franchise Agreement, as set out below, is non-exclusive and complies with the Franchise standards of the New York State Department of Public Service, THEREFORE The Municipality and the Franchisee agree as follows: [Note: "Cable communications system" changed to "cable television system" throughout, and `franchise renewal [agreement]"to "Franchise Agreement.'J 1 1.0 DEFINITION OF TERMS 2 3 All definitions set forth in the Municipality's Cable Communications Regulatory Ordinance pertain to this 4 Franchise Agreement and shall be relevant to the purposes and meaning of this Franchise Agreement. [Note: 5 Inclusion in the Ordinance to be discussed.] 6 7 8 PART I -- THE FRANCHISE 9 10 2.0 GRANT OF FRANCHISE 11 12 2.1 The Franchisee is hereby granted for itself and its successors and assignees, subject to the terms and 13 conditions of the Ordinance and this Franchise Agreement,the right,privilege,and authority to operate and maintain 14 a cable television system within the public rights-of-way of the Municipality, solely to provide cable services within 15 the Municipality in accordance with the Municipality's Cable Communications Regulatory Ordinance, which 16 establishes standards, regulations and procedures for the granting of a Cable Television Franchise, this Franchise 17 Agreement and the rules and regulations adopted by the Municipality, all Ordinances and laws of the Municipality 18 and all applicable rules and regulations of the Federal Communications Commission, NYSDPS, and the 19 Municipality. Franchisee shall provide a modern, state-of-the-art cable television system to the residents and 20 institutions of the Municipality in accordance with the Ordinance and this Franchise Agreement.[Note: Time Warner 21 would need a franchise under the Telecommunications Ordinance to offer telephone, etc.] 22 23 2.2 The Franchisee may erect,install, extend,repair,replace,and retain in, on, over,under, or upon,across and 24 along the public rights-of-way within the Municipality, the cable television system, and other property and 25 equipment as are necessary and appurtenant to the operation of the cable television system in conformance with the 26 Municipality's specifications. 27 28 2.3 Nothing in this Franchise Agreement shall be deemed to waive the requirements of the various codes and 29 ordinances of the Municipality regarding permits,fees to be paid,or manner of construction. 30 31 2.4 No privilege nor power of domain shall be deemed to be bestowed by the Ordinance or this Franchise 32 Agreement other than that conferred pursuant to statutory law. 33 34 2.5 Franchisee acknowledges and accepts the legal right of the Municipality to issue and maintain a Franchise. 35 36 2.6 No cable television system shall be allowed to occupy or use the streets of the Municipality or be allowed to 37 operate without a Franchise Agreement. 38 39 2.7 Any cable television system or open video system or cable television service provider franchised under the 40 Municipality's Cable Communications Regulatory Ordinance, Ordinance No. _, Chapter _, shall obtain a 41 Franchise pursuant to the Municipality's Telecommunications Ordinance No. _, Chapter_, prior to providing 42 telecommunications services or service related activities in the Municipality. 43 44 3.0 NON-EXCLUSIVE NATURE OF THIS FRANCHISE AGREEMENT 45 46 This Franchise Agreement shall not be construed as any limitation upon the right of the Municipality to 47 grant to other persons rights,privileges,or authorities similar to the rights,privileges,and authorities herein set forth, 48 in the public rights-of-way. The Municipality specifically reserves the right to grant at any time such additional 49 franchises for this purpose as it deems appropriate.[Note:Following currently in City Franchise. If any franchise is 50 granted on terms more favorable to grantee thereof than those contained herein then Franchisee shall have the 51 right to comply with all the terms of such other franchise, to the extent applicable, in lieu of compliance herewith.] 52 53 54 4.0 TERRITORIAL LIMITS 55 56 The rights and privileges awarded pursuant to this Franchise Agreement shall relate to and cover the entire 57 present territorial limits of the Municipality and any area annexed thereto during the term of this Franchise 58 Agreement. 59 1 2 5.0 FRANCHISE RENEWAL 3 4 Upon completion of the term of this Franchise Agreement, the Municipality may grant or deny renewal of 5 this Franchise Agreement of Franchisee in accordance with the provisions of the Cable Act and any other applicable 6 federal,state and local laws. 7 8 9 6.0 FRANCHISE SUBJECT TO LAW AND REGULATION 10 11 6.1 The Franchisee and all terms and conditions of the Ordinance and this Franchise Agreement are subject to 12 Federal and State law and to the rules and regulations of the FCC and the NYSDPS. 13 14 6.2 All terms and conditions of this Franchise Agreement are subject to the approval of the NYSDPS. 15 16 6.3 All terms, conditions and provisions of the Municipality's Cable Communications Regulatory Ordinance 17 shall be deemed to be embodied in this Franchise Agreement,and the express terms of said Chapter_shall prevail 18 over conflicting or inconsistent provisions of this Franchise Agreement. 19 20 6.4 The Franchise Renewal Proposal submitted by Franchisee and related written response to clarification 21 questions provided to the Municipality shall be deemed to be embodied in the Ordinance and this Franchise 22 Agreement, and the express terms of this Franchise Agreement shall prevail over conflicting or inconsistent 23 provisions of the proposal. [Note: Following was in City Franchise. "Nothing contained in this Franchise 24 Agreement shall be construed so as to require the commission of any act contrary to such applicable federal and 25 state law. In the event of any conflict between this Franchise Agreement and applicable federal and state law the 26 latter shall apply. Franchisee's acceptance of this Franchise Agreement shall not constitute a waiver or 27 relinquishment of any right it may have, now or hereafter, to seek judicial or other review of the validity, 28 constitutionality or enforceability of any of its provisions.') 29 30 6.5 In accepting this Franchise Agreement, Franchisee acknowledges that its rights hereunder are subject to the 31 police powers of the Municipality to adopt and enforce general Ordinances necessary to the safety and welfare of the 32 public,and it agrees to comply with all applicable general laws and Ordinances enacted by the Municipality pursuant 33 to such power. 34 35 6.6 All rights and privileges granted hereby are subject to the police power of the Municipality to adopt and 36 enforce local laws,rules and regulations necessary to the health, safety and general welfare of the public. Expressly 37 reserved to the Municipality is the right to adopt, in addition to the provisions of this Franchise Agreement and 38 existing laws, ordinances, and regulations, such additional laws and regulations as it may find necessary in the 39 exercise of its police power; provided, however, that such regulations are reasonable and not materially in conflict 40 with the privileges granted in this Franchise Agreement. 41 42 6.7 Within sixty(60)days of the effective date of this Franchise Agreement, the Franchisee shall file a request 43 for certification of this Franchise Agreement with the NYSDPS and shall provide the Municipality with evidence of 44 such filing. 45 46 6.8 The[Note: Clerk(Mayor for the City of Ithaca)],or other person as designated by the Municipality,will be 47 responsible for the continuing administration of the rights and interests of the Municipality in the Franchise 48 Agreement and such person will be the addressee for all communications of the Franchisee with the Municipality 49 unless the Franchisee is otherwise directed. 50 51 52 7.0 DEFAULT,PENALTIES 53 54 7.1 If the Franchisee fails to observe any obligation under the Franchise Agreement and such 55 breach of the Franchise Agreement is insufficient to warrant revocation of the Franchise 56 Agreement, the Municipality may assess the Franchisee, and the Franchisee agrees to pay the 57 Municipality, a monetary penalty in accordance with the schedule of penalties set forth in this 58 Section 7.0. 1 2 7.2 Within ten (10) days of receipt of a notice that the Franchisee has failed to comply with a 3 provision of the Franchise Agreement pursuant to Section 7.1 above, the Franchisee shall pay the 4 full amount prescribed in this Section 7.0 to the Municipality. 5 6 7.3 Upon failure of the Franchisee to make timely payment of an assessed penalty, the 7 Municipality shall have the right to withdraw the amount of such penalty from the performance 8 bonds established pursuant to Section 26.0. 9 10 7.4 Amounts received by the Municipality as penalties assessed against the Franchisee, 11 whether directly paid by the Franchisee to the Municipality or withdrawn from the security fund 12 by the Municipality, shall be placed in the General Fund of the Municipality. 13 14 A. Pursuant to this Subsection 7A.A., the following monetary penalties shall apply: 15 1. Failure to file requests for operating authorizations with the NYSDPS withi 16 17 2. Failure to deliver evidence of Franchisee insurance within the specified 18 sixty (60) days - $500.00 per day until delivered. 19 20 3. Failure to restore an amount withdrawn from the performance bond, 21 construction bond, or letter of credit within the specified thirty(3 0) days - $100.00 22 per day until restored. 23 24 4. Upon revocation of the Franchise Agreement with reference to the balance 25 remaining in the performance bond, construction bond, or letter of credit - full 26 forfeiture. 27 28 5. Failure to render payment of the franchise fee within the time specified in this 29 30 6. Failure of the Franchisee to maintain proper operational function of the emer 31 32 7. Failure to maintain picture or audio quality to standards specified in this agree 33 34 8. Failure to restore damaged property as required in this agreement - $500.00 per 35 36 9. Failure to cure on request of the Municipality any general lapse in 37 compliance with applicable customer service standards - $500.00 per occurrence 38 or$100.00 per day whichever is greater. 39 40 10. Failure to maintain proper logs, records, and files as required in this agree 41 42 11. Failure to disclose pertinent books and records as required in this 43 agreement- $500.00 per occurrence or$100.00 per day whichever is greater. 44 45 12. Failure to comply with any proper and applicable prohibitions against discr 46 47 13. Failure to meet with the governing body of the Municipality, upon the latter 48 49 14. Failure to provide a required report within the time specified in this agree 1 2 15. Failure to cure a lapse of maintenance or operation of the cable television 3 system affecting service within the Municipality in a manner consistent with 4 applicable standards as defined in this agreement and causing actual disruption to 5 the transmission of cable signals or creating an unsafe condition - $1000.00 per 6 occurrence or$100 per day whichever is greater. 7 8 16. Failure to provide or maintain public goods such as the Institutional Netm 9 10 17. Failure to comply with material provisions of this agreement - $200 per 11 day. 12 13 7.5 The Franchisee shall comply with any and all provisions of the Ordinance, this Franchise 14 Agreement, and applicable state and federal law and regulation. Once breach of a provision is 15 identified by the Municipality and the Franchisee is finally adjudged to have breached a provision 16 or provisions as provided in the Ordinance or this Franchise Agreement, the penalty and/or 17 revocation of this Franchise shall pertain as applicable. 18 19 7.6 Any fines or claims arising out of any actual breach of the Ordinance or this Franchise 20 Agreement shall be effective from the date such breach is found to have commenced. The 21 Franchisee's responsibility to cure any such breach or remit any such fines or claims shall not be 22 diminished by the failure of the Municipality to enforce any provision of the Ordinance or this 23 Franchise Agreement and the Franchisee hereby agrees to waive any statute of limitations that 24 may be applicable to any such breach during the term of this Franchise Agreement. 25 26 27 8.0 SEVERABILITY 28 29 [Note: To be discussed.] 30 8.1 With the exception of material provisions as defined in this section, should any other 31 provision of this Franchise Agreement be held invalid by a court of competent jurisdiction or 32 rendered a nullity by Federal or state legislative or regulatory action, the remaining provisions 33 and this Franchise Agreement shall remain in full force and effect. 34 35 8.2 For the purposes of this section, material provisions are deemed to be those establishing 36 the Municipality's right to: 37 38 A. Collect from the Franchisee the franchise fee established in this agreement; 39 40 B. Require that the Franchisee maintain and improve the cable television system as per sectio: 41 42 C. Require public, educational, and government access to the cable television system 43 as per section 16.0; 44 45 D. Establish and maintain reasonable consumer protection provisions as per the 46 Cable Communications Regulatory Ordinance; 47 48 E. Evaluate and approve transfers and assignments of the cable television system as 49 defined in the Cable Communications Regulatory Ordinance; 1 2 F. Franchisee's obligation to remain in good standing with any federal or state regulatory a€ 3 4 8.3 If any material provision as defined in this section is held invalid by a court of competent 5 jurisdiction, or rendered a nullity by Federal or state legislative or regulatory action, then the 6 Municipality in its discretion may enter into renegotiation of the affected provisions or may 7 terminate this agreement. 8 9 10 9.0 EFFECTIVE DATE AND TERM 11 12 9.1 The effective date of this Franchise Agreement shall be the date this Franchise Agreement 13 is granted a certificate of confirmation by the NYSDPS or its successor. 14 15 9.2 The term of this Franchise Agreement shall expire on , at which time it shall be 16 of no further force and effect, and, immediately upon the taking effect of this Franchise 17 Agreement, the prior Franchise Agreement shall be superseded and of no further force and effect; 18 provided, however, that vested rights relating to billings and the Municipality's rights to accrued 19 Franchise fees shall not be affected thereby. [Note: To be revised if not a renewal.] 20 21 22 PART II -- THE SYSTEM 23 24 10.0 SYSTEM SPECIFICATIONS 25 26 10.1 Subject to FCC and NYSDPS regulations, policies, and standards, and subject to the 27 cable television system's capability of providing the services and facilities prescribed in this 28 Franchise Agreement, the technical design of the cable television system serving the 29 Municipality shall be at the option of the Franchisee except as further described in this section. 30 31 10.2 The Franchisee shall maintain a cable television distribution system with a capacity of at 32 least 750 MHz, of which at least 200 MHz is expected to be allocated to digital distribution and 33 have a capacity to carry a minimum of seventy-seven(77) video channels. The system shall have 34 a fiber to the node design which will divide the distribution of cable signals into 500 homes per 35 fiber node or less. The system will be designed so that there are no more than (__) 36 amplifiers in cascade. The Franchisee's cable system shall only be placed in public rights-of-way 37 or on private property where a duly authorized easement has been obtained prior to construction 38 on the property. 39 40 The Franchisee shall provide the Municipality with advance notice of planned cable 41 upgrades which include installation of fiber cables. The Municipality may specify inclusion of 42 additional fiber strands, for which the Municipality shall bear the incremental cost. These strands 43 shall be provided to the Municipality as "dark fiber"as the Municipality may require. 44 45 All such construction and any subsequent maintenance, repair, or improvement of said 46 system shall use materials of good and durable quality and shall be performed in a safe, thorough, 47 and reliable manner. In accordance with the requirements of the NYSDPS, the exercise of this 48 Franchise shall include reasonable efforts in good faith to maximize the number of energized 49 channels and digital bandwidth, both upstream and downstream, available to subscribers. 1 2 The Franchisee will deploy as early as possible an on-line service for connecting 3 personal computers to the Internet and other information and communication facilities. 4 5 10.3 [Note: To be discussed.] OPTION 1 - Throughout the term of this Franchise Agreement, 6 the Franchisee shall maintain and make regular improvements to its cable television distribution 7 system serving the Municipality to ensure that the technical capabilities of said system will not 8 serve to be a limiting factor on the Franchisee's ability to regularly implement new cable services 9 as may be created and developed during the term of this Franchise Agreement. If during the term 10 of this Franchise Agreement, the Municipality requests that the Franchisee make a review of 11 whether technology which improves or increases the quality or scope of Cable Services has been 12 incorporated into 20% of the Franchisee's Cable Systems, then the Franchisee shall initiate such 13 a review and make a report to the Municipality within three months. Thereafter, upon further 14 request of the Municipality, Franchisee shall cooperate in the consideration (including 15 participation in a public hearing, if appropriate) of whether it would be practical and in the 16 interests of all parties to incorporate such technology into its Cable System. This will not apply if 17 the new technology shall add an unwarranted financial burden to subscribers or is not 18 economically feasible and viable for the Franchisee as determined by the Municipality. 19 20 OPTION 2 21 10.3 The Franchisee shall construct, install, operate and maintain its system in accordance with 22 the highest standards of the art of cable communications, such standards to include, but not be 23 limited to the following: 24 25 A. The Franchisee shall maintain its system facilities in a manner which will 26 continue to enable it to add new services and associated equipment as they are developed, 27 available, and proved marketable to subscribers. The new services and associated 28 equipment shall be added to the system facilities within one (1) year of when they are 29 provided in any other similar sized market owned by the Franchisee or parent company 30 and/or owned by other operators in the State of New York, excluding experimental and 31 pilot projects, and such services and associated equipment can be offered on the 32 Franchisees system in an economically viable manner (that is, Franchisee will be able to 33 earn a profit over the remaining term of the Franchise from the provision of such service 34 or equipment). 35 36 B. In the event the Franchisee, its parent company or affiliates have installed state-of- 37 the-art improvements in at least twenty percent(20%) of its other cable systems owned by 38 the Franchisee, its parent company or affiliates, which increases channel capacity, 39 increases bi-directional capacity, provides improvements in technological performance, 40 provides for additional interactive services and/or other substantial improvements 41 available, then Franchisee shall make said improvements available to the subscribers 42 within one (1)year. 43 44 10.4 The cable television system shall incorporate equipment capable of providing twenty-four 45 (24) hour standby powering the head-end and any sub head-end, hub or node of the cable 46 television system so as to minimize area outages caused by interruption of power furnished by 47 the utility company. The standby powering equipment shall provide for automatic cut-in upon 48 failure of the AC power and automatic reversion to the AC power upon resumption of AC power 49 service. The equipment also shall be so designed as to prevent the standby power source from I powering a "dead" utility line. Franchisee shall maintain standby power system supplies, rated 2 for at least two and one-half(2.5) hours duration at all optical node locations in the distribution 3 network. 4 5 10.5 Franchisee shall construct the system in accordance with Franchisee's construction 6 manual which will be kept in the City Clerk's office, and incorporated by reference. At its sole 7 cost and expense, Franchisee shall promptly provide the Municipality with one copy of any 8 updates or modifications to the construction and installation manual prior to any new 9 construction, and Franchisee shall comply with such updated or modified construction 10 specifications. Any such updates or modifications shall comply with good engineering practices. 11 12 10.6 Franchisee shall comply with the requirements of the Federal emergency alert system as 13 specified by the FCC (47 CFR Part 11.1, et seq.). Franchisee shall provide the Municipality with 14 a Local Alert System ("LAS") which shall allow the Municipality to initiate audio and video 15 crawl emergency messages to cable subscribers from any touch-tone phone with an access code. 16 Persons to be provided with access codes shall be selected by the Municipality. The 17 Municipality requires that its government channel serve as the emergency video feed. 18 Municipality shall consult with the Franchisee when developing policies to govern the activation 19 of the LAS. 20 21 10.7 Franchisee shall perform all system tests and maintenance procedures as required by and 22 in accordance with: the FCC; NYSDPS, this Franchise Agreement; the Ordinance; and 23 Franchisee's standards of good operating practice. 24 25 10.8 The cable television system permitted to be operated hereunder shall be installed, 26 operated, and tested, in conformance with the Ordinance, this Franchise Agreement, the Renewal 27 Proposal, FCC and NYSDPS rules and regulations. Any FCC and NYSDPS technical standards 28 or guidelines related to the cable television system and facilities shall be deemed to be 29 regulations under this Franchise Agreement. At such time as the FCC or NYSDPS does not 30 regulate technical standards, the latest NYSDPS standards shall be utilized. 31 32 10.9 The system will have the capability and shall pass Broadcast Television Systems 33 Committee (BTSC) stereo signals or other stereo signals for those broadcast, satellite, and locally 34 originated services which transmit them. 35 36 10.10 Initial proof of performance testing shall occur within sixty (60) days prior to the 37 commencement of the cable television system service to each section of the Municipality as set 38 forth in this Franchise Agreement. Should performance prove defective, the defect shall be 39 appropriately remedied. The costs of such test shall be borne solely by Franchisee. 40 10.11 Franchisee shall provide or enable the provision of at least the following initial broad 41 categories of programming: 42 43 A. Educational programming; 44 45 B. News & information; 46 47 C. Sports; 48 49 D. General entertainment(including movies); 1 2 E. Children/family-oriented; 3 4 F. Arts; culture and performing arts; 5 6 G. Spanish language; 7 8 H. Science/documentary; 9 10 I. Weather information; 11 12 J. Programming addressed to ethnic and minority interests in the Municipality; 13 14 K. National, state and local government affairs; 15 16 L. Local programming concerning local and regional issues, events, and affairs of 17 interest to Municipality residents. 18 19 M. PEG access programming; 20 21 N. Audio programming(including local radio signals); and] 22 23 O. Programming for persons with disabilities. 24 25 10.12 At least biennially, Franchisee shall conduct a systematic ascertainment of the 26 programming needs, interests, and preferences of subscribers within its Franchise area. 27 Franchisee shall consult and cooperate with the Municipality in developing and implementing a 28 mutually agreeable ascertainment methodology for determining subscriber programming 29 preferences. Franchisee shall report to the Municipality the results of Franchisee's programming 30 ascertainment and any actions taken, or to be taken, by Franchisee pursuant thereto. 31 32 A. The Municipality at its sole option may undertake an annual survey, conducted by 33 an independent researcher, of community views of cable operations in the Municipality, 34 including but not limited to programming, response to community needs, and customer 35 service. 36 37 10.13 Franchisee shall not delete or so limit as to effectively delete any broad category of 38 Programming identified in Section 10.11 and within its control without the consent of the 39 Municipality or as otherwise authorized by law. 40 41 A. In the event any applicable law or regulation materially alters the terms and 42 conditions under which Franchisee carries programming within the broad programming 43 category described in Section 10.11(N), then Franchisee shall be obligated to carry such 44 Programming only upon reasonable terms and conditions. 45 46 10.14 Franchisee shall maintain, at a minimum, the mix, quality, and level of programming as 47 provided on the effective date of the Franchise Agreement. 48 1 10.15 All closed-captioned programming retransmitted by the system shall include the closed- 2 caption signal. 3 4 10.16 Franchisee will make VCR connections available to customers and will provide training 5 in the proper use of VCRs in connection with the cable system and equipment. 6 7 10.17 Equipment used for the distribution system, headend and reception facilities shall be of 8 good and durable quality and be serviced and repaired on a regular basis and shall at all times be 9 of equal or better quality than the equipment or the equipment in place on the effective date of 10 this Franchise Agreement. 11 12 10.18 The Municipality shall have the right to inspect all construction or installation work 13 performed subject to the provisions of the Ordinance and this Franchise Agreement and to make 14 such tests as it shall find necessary to ensure compliance with the terms of the Ordinance and this 15 Franchise Agreement and other pertinent provisions of law. 16 17 18 11.0 SYSTEM PERFORMANCE STANDARDS 19 20 11.1 All signals carried by the cable television system shall be transmitted with a degree of 21 technical quality not less than that prescribed by rules of the federal and state regulatory agencies 22 having jurisdiction. 23 24 11.2 Operation of the cable television system shall be such that no interference will be caused 25 to broadcast and satellite television and radio reception, telephone communication, amateur radio 26 communication, aircraft and emergency communications, or other similar installation or 27 communication within the Franchise area. 28 29 30 12.0 CONSTRUCTION & OPERATION 31 32 Franchisee shall comply with Sections 4.15-4.19 and all of Part VIII. of the 33 Municipality's Telecommunications Ordinance. 34 35 36 13.0 SYSTEM MAINTENANCE AND REPAIR 37 38 13.1 The Franchisee shall establish and adhere to maintenance policies which guarantee 39 delivery of service to subscribers at or above the performance standards set forth in the Cable 40 Ordinance and this Franchise Agreement. 41 42 13.2 The response of the Franchisee to such requests shall be in accordance with Federal and 43 State law and regulation at a minimum and, at all times, commensurate with the Franchisee's 44 responsibility to maintain service to each subscriber with the degree of quality specified in the 45 Cable Ordinance and this Franchise Agreement. 46 47 1 PART III -- THE SERVICE 2 3 14.0 GENERAL SERVICE OBLIGATION 4 5 OPTION 1 - For service to Village of Lansing, Village of Trumansburg, Village of Dryden, 6 Village of Cayuga Heights, West Groton, the Village of Freeville, and the City of Ithaca. 7 8 14.1 The Franchisee shall provide cable service throughout the territorial and jurisdictional 9 limits of the Municipality upon request. 10 11 OPTION 2 - For service to Town of Ithaca, Town of Caroline, Town of Groton, Town of 12 Lansing, and the Town of Ulysses. 13 14 14.1 The Franchisee shall offer cable service to all residences receiving cable service on the 15 effective date of this Franchise. In addition, the Franchisee shall extend service to all residences 16 within the corporate limits of the Municipality in which the density of residences is at least 17 fifteen (15) residences per cable mile within seven (7) working days of a request. In other areas 18 with less than fifteen (15) residences per mile, Franchisee shall offer a cost-sharing arrangement 19 with residents. Franchise shall extend service within 45 days of receipt of payment in full from 20 the affected resident as set forth below. The cost-sharing arrangement shall consist of the 21 following. 22 23 A. On the request of a subscriber desiring service, Franchisee shall prepare, at its 24 cost, an engineering survey and cost analysis to determine the cost of the plant extension 25 required to provide service to the subscriber from the closest point on the cable system. 26 27 B. The cost of construction shall be allocated based on the following formula: If a 28 request for extension of service into a residential area requires the construction of cable 29 plant which does not pass at least fifteen (15) potential subscribers per mile, Franchisee 30 and subscribers will each bear their proportionate share of construction costs. For 31 example, if there are seven (7) dwelling units per mile, Franchisee's share will equal 32 seven (7) or one-half('/2) of the cost of construction. The remaining cost will be shared 33 equally by each subscriber. This line extension formula shall also be applied to any 34 portion of a mile meeting proportionate density requirements. For example, if there are 35 fourteen (14) dwelling units per one half mile, the Franchisee shall construct the plant. 36 The cost sharing plan described above would be utilized if there were less than the 37 proportionate share of dwelling units per the portion of a mile needed to reach the 38 dwelling units. 39 40 C. Should additional subscribers request cable television service, subscribers 41 utilizing the cost-sharing plan for extensions shall be reimbursed pro-rata for their 42 contribution or a proportional share thereof. In such case, the pro-rata shares shall be 43 recalculated and each new subscriber shall pay the new pro-rata share, and all prior 44 subscribers shall receive pro-rata refunds. At such time as there are said fourteen (14) 45 potential subscribers per mile, the subscribers shall receive their pro-rata share of 46 construction costs. In any event, at the end of three (3) years from the completion of a 47 project, the subscribers are no longer eligible for refunds, and the amounts paid in 48 construction costs will be credited to the plant account of Franchisee. 49 I D. The plant extension shall be measured from the nearest point of access to the then- 2 existing system. Such point of access shall be the nearest point that is located within the 3 public streets, other public property, or easements. The total cable length shall exclude 4 the drop cable necessary to serve individual subscriber premises. 5 6 E. The average cost of line extension shall be recalculated annually and based upon 7 then-current costs for labor and materials. 8 9 14.2 The Franchisee shall not unlawfully discriminate against any such person as to the 10 availability, maintenance, and pricing of such cable service. 11 12 14.3 Franchisee shall, upon request, make service available to all commercial/industrial 13 establishments served aerially which are located within one hundred and fifty feet (150') of the 14 system at Franchisee's standard installation rate expense. For commercial/industrial 15 establishments served underground or for aerial extensions beyond one hundred and fifty feet 16 (150'), Franchisee shall, upon request, make service available on the basis of a capital 17 contribution in aid of construction, including cost of material, labor, and easements. 18 19 20 15.0 MUNICIPAL AND SCHOOL SERVICE 21 22 15.1 The government and educational access channels shall be provided with the capability to 23 transmit scrambled, closed-circuit institutional programming. The Franchisee shall provide an 24 appropriate device for the reception of institutional programming offered over the subscriber 25 network on the scrambled government and educational access channels to all local government 26 and educational locations receiving free drops and service. The necessary headend equipment for 27 modulation, scrambling, and cablecasting of the closed-circuit signals shall be provided by the 28 Franchisee. Franchisee shall provide channel scrambling and technical assistance to allow pre- 29 assigned time for scrambling the channels as requested by the Municipality and educational 30 institutions on the scrambled government and educational access channel. 31 32 15.2 The Franchisee shall offer free of charge, service connections of a type specified by the 33 school at one outlet in 100% of the schools (grades K-12) passed by its cable system. Such 34 connections will be installed as promptly as possible and shall at all times during this agreement 35 be maintained free of charge to all such schools requesting connections. If any internal wiring 36 installation is requested to serve additional outlets in such schools, it will be provided at cost of 37 materials and labor; provided, however, that such internal wiring will be provided without charge 38 if Franchisee is able to coordinate with other comparable electrical wiring installation in cases of 39 new construction or substantial rehabilitation of existing schools. Basic Service Tier and Cable 40 Programing Service Tier service or equivalent will be provided to each outlet in such schools free 41 of any charge. 42 43 The Franchisee will provide a free monthly educational program listing to each connected 44 school. Additional copies of such program listings will be provided, if requested, at cost. Such 45 educational program listing will identify and describe programming on the cable system that is 46 appropriate for use in the classroom and will provide suggested curriculum support ideas. 47 48 The Franchisee will develop and provide to connected schools materials for teachers that 49 explain the educational applications of Franchisee's broadband cable systems. The materials will I include a self-explanatory notebook and video. One copy of such materials will be provided at 2 no charge to all school districts in the Franchise area. Additional copies of such materials will be 3 provided upon request at cost. 4 5 The Franchisee will provide each school with a free connection to an on-line service for 6 connecting personal computers to the Internet and other information and communication 7 facilities. Upon request, each school will receive one free modem and additional modems will be 8 provided upon request at cost. Free access will be provided through each modem during each 9 school year of this agreement. The Franchisee will sponsor a workshop in each Franchise area to 10 educate teachers about the on-line service and to provide an opportunity for hands-on training. 11 12 The Franchisee agrees not to recover any such costs for this educational public service as 13 external or other costs. 14 15 16 16.0 PUBLIC,EDUCATIONAL,AND GOVERNMENTAL ACCESS 17 18 [Note: Policy issues related to this section to be discussed. Section will be revised based on 19 negotiations.] 20 16.1 The Franchisee shall comply with Federal and State law and regulations requiring and 21 pertaining to public, education, and governmental access to the cable television system. 22 23 16.2 In order to develop and promote public, educational and governmental access 24 programming for the system's access channels and institutional services, the Franchisee hereby 25 agrees to provide the following: 26 27 A. (1) Nine downstream channel(s) shall be designated for public, governmental, 28 and educational (PEG) access. The governmental access channels shall be 29 available for use by New York State or local governments. The educational 30 access channel(s) shall be made available to public and private educational 31 institutions. The public access channel(s) shall be available to organizations and 32 members of the general public, provided that all programming is produced or 33 sponsored by a resident of Tompkins County and provided that programming 34 adheres to the rules and regulations provide by the public access channel 35 operators. [Note: To be discussed.] 36 37 (2) All access channels shall be placed on the basic tier of service. The 38 Franchisee shall use its best efforts to maintain the cable channel positions of the 39 access channels throughout the term of this Franchise Agreement. 40 41 (3) The access channels shall be placed on the basic tier of service and 42 available to all subscribers upon the request of Municipality franchising 43 authorities, including those in multi-family dwelling units (unless otherwise 44 agreed to by the Company and Municipality franchising authorities). 45 46 (4) Five percent (5%) of digital capacity or other capacity gained 47 technological improvements, shall be reserved for access use. 48 1 (5) Six (6) audio channels shall be designated for public, educational, and 2 government access. 3 4 (6) [Note: From City of Ithaca Franchise: "Any PEG access channels 5 unused by the Municipality three years of the effective date of this Franchise 6 Agreement shall revert to Franchisee, provided that if community needs 7 subsequently require the use of any such channel, Franchisee will return said 8 channel to the Municipality six (6) months after receiving written notice if 9 Franchisee has a use for the channel and immediately if there is no use for the to channel. '? 11 12 (7) The public, governmental, and educational access channels shall be 13 available at no charge to any user. 14 15 B. Upon the request of the Municipality, the Franchisee shall interconnect the access 16 channels of the cable television system with neighboring cable systems. [Note: In 17 Tompkins County?] The educational access channel(s) shall be interconnected with the 18 Enfield cable system within six (6) months of the effective date of this Franchise 19 Agreement. 20 21 C. (1) Local Programming Equipment. In instances, as set forth in Appendix U, 22 where the use of local origination equipment is shared with access, this equipment 23 shall be made available to access users free of charge at such time as the facilities are o 24 access use by the Municipality, local institutions and residents and surrounding 25 Franchisee system residents. 26 27 (2) Access Equipment and Availability. [Note: From City of Ithaca 28 Franchise: "All access equipment shall remain the property of Franchisee but 29 shall be made available for access use by the Municipality, local institutions and 30 residents and surrounding Franchisee system residents. on an average annual 31 basis Franchisee has agreed to provide 2% of Gross Municipality Revenues for 32 capital PEG access equipment replacement and expansion. Any future access 33 equipment replacement and expansion commitments that are made by Franchisee 34 to municipalities served by the same headend as the Municipality, will be 35 deducted to a floor of one percent of gross Municipality revenues. All access 36 equipment shall be available to access users on a first priority basis before local 37 origination users. '7 38 39 (3) Equipment Maintenance. PEG, municipal access and local origination 40 equipment will be maintained and/or replaced by the Franchisee in a manner 41 consistent with good operating practice and in a reasonable timely manner. 42 Maintenance of that equipment will be done on site, or at any Franchisee facility, 43 or at a manufacturer's repair facility in a reasonable timely manner. [Note: To be 44 discussed] 45 46 (4) , Change in Technology. In the event Franchisee makes any change in the 47 cable system and related equipment and facilities or in Franchisee's signal delivery 48 technology, which directly or indirectly affect the signal quality or transmission of 49 access programming, Franchisee shall at its own expense take necessary technical I steps, provide necessary technical assistance, and acquire all necessary equipment, 2 to ensure that the capabilities of access providers or access channels are not 3 diminished or adversely affected by such change. 4 5 D. The Franchisee shall maintain its local programming studios at a central location 6 in Tompkins County. The Franchisee shall adopt business hours which shall provide for the 7 use of the studio at a minimum of sixty (60) hours a week between the hours of 9 a.m. 8 and 11 p.m., including some evening hours and some hours on Saturdays and reasonable accommodat 9 additional hours.] 10 11 16.3 The Franchisee shall establish rules to ensure that the studio(s) and portable equipment 12 are available equitably to the governmental, educational and public sectors. Rules for public 13 access should assure the availability of the studio(s) and portable equipment on a first-come, 14 first-served basis. The Franchisee shall file all rules and amendments with the New York State 15 Department of Public Service, the Tompkins County Intermunicipal Cable Commission, and the 16 Municipality. Such rules shall at all times include the following provisions. [Note: To be 17 discussed.] 18 19 A. Procedures for scheduling the use of television production equipment and for scheduling t] 20 21 B. Procedures for registering and resolving complaints regarding channel availability, 22 priorities and usage. 23 24 16.4 The Franchisee shall provide and continue to provide and maintain all origination sites in 25 place on the effective date of this Franchise and those listed in Appendix_. If the Municipality 26 designates new access providers or if a current designated access provider moves its site or 27 location at its own instigation after the effective date of this Franchise, the Franchisee shall 28 provide the origination site with a new connection of its is within 500 feet of a fiber node, for 29 longer distances, the designated access provider and/or the Municipality will fund the 30 incremental, direct costs to construct the cable system to the new sites beyond the initial 500 feet 31 from the new site or location to the nearest activated fiber node, or fiber provisioned node site, or 32 distribution hub. 33 34 16.5 The following requirements shall also apply to access use: 35 36 A. No charges or minimal charge shall be paid for the use of production equipment 37 facilities and personnel; [Note: To be discussed.] 38 39 B. Records shall be maintained of the use of the designated television channels, including thf 40 41 C. Designated channels shall not be used for the promotion or sale of commercial products or 42 43 16.6 The Franchisee shall provide adequate programming and technical staffing for the 44 maintenance and operation of the access channels, facilities, studio and equipment, and the 45 provision of access services as required in the Franchise Agreement. The Franchisee shall 46 provide, at a minimum, five full-time access staff people. [Note: To be discussed, including 47 following option.] 48 49 OPTION: 1 2 A. The Municipality may designate entities to be PEG access providers, including 3 itself for government access purposes, to control and manage the use of any or all access 4 facilities, funds, and channels provided by the Franchisee under this Franchise, including, 5 without limitation, the operation of interconnected access channels. To the extent of such 6 designation by the Municipality, the designated access provider shall have sole and 7 exclusive responsibility for operating and managing designated access facilities and 8 channels. [Note: To be discussed.] 9 10 B. Franchisee shall cooperate with designated PEG access providers in the use of the 11 cable system and access facilities for the provision of PEG access. The Franchisee shall 12 enter into such operating agreements with designated PEG Access providers as may be 13 necessary to facilitate and coordinate the provision of PEG access, provided that all such 14 operating agreements shall not be inconsistent with the terms of this Franchise. 15 16 16.7 The Franchisee shall provide adequate training for access users free of charge. At a 17 minimum, the Franchisee shall provide monthly access production and editing training classes, 18 provided that community interest of five or more residents in any given month exists. At no time 19 will a resident be requested to wait over two months for training. The two training classes will 20 each be approximately nine hours in duration. 21 22 16.8 [Note: Following from the City of Ithaca Franchise: "Franchisee shall provide adequate 23 programming and technical staffing for the maintenance and operation of the access channels, 24 facilities, studio and equipment, and the provision of access services as required in the 25 Franchise and as contained in the Franchise proposal. Franchisee shall provide, at a minimum, 26 two full-time access staff people at the time of the Franchise award, and an additional full-time 27 access staff person at the completion of the rebuild (no later than March 1, 1989), and a fourth 28 full-time access staff person at the beginning of year five of the Franchise, and a fifth full-time 29 staff person at the beginning of year ten of the Franchise. Franchisee shall have the right to 30 petition the Cable Commission in 1991 and 1996 to have the requirement to employ the fourth 31 and/or fifth access staff person waived, which waiver shall not be granted in any event if 32 community needs support the position. "J 33 34 16.9 The Franchisee shall provide a report annually to the Municipality on the provision of 35 equipment and funds provided under Section 16. The Franchisee shall submit such report to the 36 Municipalities within 120 days of the close of the Franchisee's fiscal year. Municipality may 37 review records of the Franchisee and access providers regarding the use of funds described in 38 such report. [Note: Discuss access providers or reports on use.] 39 40 16.10 The Franchisee, at a minimum, shall provide each subscriber information on the 41 availability of the access channels, production equipment, training and the Franchisee's address 42 and telephone number on a regular basis. Access programs shall be announced in the cable guide 43 based on reasonable rules for timely submissions. The Franchisee will also advertise programs 44 and access services in newspapers of local circulation. The Franchisee shall conduct facility 45 tours and maintain a speakers bureau to provide informational presentations to local 46 organizations and institutions. The following outreach activities will be conducted 47 . The Franchisee shall ensure the development and propagation of public, 48 governmental and educational access as a vital community resource. 49 1 16.11 The Franchisee will cablecast the regular meetings of the Tompkins County Board of 2 Representatives and [the Municipality should specify local meetings or events it will require to 3 be cablecast as part of this Franchise Agreement]. [Note: Following is from the City of Ithaca 4 Franchise: "Franchisee will cablecast the monthly Common Council meetings and not less than 5 two (2) of the five (5) Standing Committees of Council meetings on a rotating monthly basis. " 6 To be discussed.] 7 8 16.12 The Franchisee shall provide access users with the following access damage waiver 9 policy for negligent damage to equipment. Negligent damage shall not include ordinary wear 10 and tear, and mechanical breakdown through causes not the fault of the operator. 11 12 A. An annual payment of$15 will reduce the volunteer's total liability for equipment 13 damage and repair to $250 for each individual use of the equipment. Such annual 14 payment may be increased by the Franchisee consistent with increases in the Consumer 15 Price Index. 16 17 B. An annual payment of$25 will reduce the volunteer's total liability for equipment 18 damage and repair to $125 for each individual use. Such annual payment may be 19 increased by the Franchisee consistent with increases in the Consumer Price Index. [Note: 20 To be discussed.] 21 22 C. The Franchisee may require access users who do not elect the damage waiver policy to be 23 16.13 Franchisee agrees that financial support for access arising from or relating to the 24 obligations set forth in Section 16 shall in no way modify or otherwise affect Franchisee's 25 obligations to pay franchise fees to the Municipality. Franchisee agrees that although the sum of 26 franchise fees and the payments set forth in Section 16 may total more than five percent (5%) of 27 Franchisee's gross revenues in any 12-month period, the additional commitments are not to be 28 offset or otherwise credited in any way against any franchise fee payments under this Franchise. 29 The Franchisee and Municipality will mutually agree in advance on the content and format of any 30 separate line item on the monthly bill related to local programming. 31 32 16.14 Franchisee agrees to provide the following publicity services at its own expense: 33 34 A. If the Franchisee offers a guide to subscribers, and is capable of providing local 35 program listings, and listings of local access and training channel programs are provided 36 by the Municipality and/or access providers in a timely manner, the Franchisee shall 37 ensure that the Municipality or access provider-provided program listings are carried free 38 of charge, on a daily basis, on the Franchisee's channel dedicated to providing program 39 guide information. 40 41 B. Franchisee will include written information about public, educational and 42 government access programming and activities in its customer information materials 43 given to new subscribers. 44 45 C. At the request of the Municipality, Franchisee will promote specific programs 46 through messages on customer bills once each quarter taking into account that FCC or 47 Franchise required regulatory notices shall be given precedence. Municipality may 48 annually supply bill stuffer copy to the Franchisee and the Franchisee shall print and I include such stuffers when space is available, but at least once a year. The Municipality 2 will coordinate with the cable system manager on distribution. 3 4 D. Franchisee agrees to provide PSA's on available cross channel promotional time. 5 6 16.15 Franchisee shall assure that the access channel delivery system from the following 7 origination sites , specified herein meet the same technical standards as 8 the remainder of the system. In addition, Franchisee agrees that it will use its best efforts to 9 maintain the active input points at the technical level of the entire cable system and respond to 10 requests to improve signal quality from the specific input point within 24 hours. Within one 11 week of notification of activation of a new input point, Franchisee will use its best efforts to 12 assure the quality of the signal. [Note: To be discussed, including transition to fiber I-net.] 13 14 16.16 [Commission model.] The Franchisee shall support the creation and maintenance of an 15 Access Advisory Board, appointed by the Tompkins County Intermunicipal Cable Commission 16 and complying with the "requirements and recommendations of Subsections 595.4(c)(1)&(2) of 17 Subtitle R of New York State Cable Regulations. The Advisory Board shall review and monitor 18 all access policies and procedures but will remain advisory in nature. The Franchisee shall 19 consult with the Advisory Board on the purchase of equipment, the studio hours available for 20 access users, and access rules. The Franchisee shall provide quarterly reports to the Board on the 21 purchase and maintenance of equipment, the schedules of access staff, and the use of studio time. 22 23 16.17 [Note: Following is from City of Ithaca Franchise: "Franchisee shall support the 24 creation and maintenance of an Access Advisory Board, to consist of nine (9) members: three (3) 25 Municipality residents (two to be appointed by the Municipality, one to be appointed by 26 Grantee), two (2) non-Municipality residents (one to be appointed by the Municipality, one to be 27 appointed by Grantee), two (2) representatives of institutional access users - (both to be 28 appointed by the Municipality), and one (1) Franchisee representative and one (1) Municipality 29 representative. The Franchisee representative and Municipality representative will be non- 30 voting members. The Municipality Cable Commission shall designate one of the members of the 31 Advisory Board to serve as Chair. The Board shall schedule regular meetings as it deems 32 appropriate. Four (4) members shall constitute a quorum. The Advisory Board shall report 33 regularly to the Municipality Cable Commission. If at any time the Municipality Cable 34 Commission determines that the Advisory Board is no longer effective or necessary, the Cable 35 Commission may dissolve the Board and its duties and responsibilities shall revert to the 36 Municipality Cable Commission. The Advisory Board shall review and monitor all access 37 policies and procedures but will remain advisory in nature. Franchisee shall consult with the 38 Advisory Board on the purchase of equipment, the studio hours available for access users, and 39 access rules. Franchisee shall provide quarterly reports to the Board on the purchase and 40 maintenance of equipment, the schedules of access staff, and the use of studio time. "J 41 42 16.18 Nothing in this Franchise Agreement shall preclude development of alternate 43 organizational structures for management of the access facilities mutually agreeable to all parties 44 involved, including, but not limited to management by a not-for-profit third parry. 45 46 47 17.0 INSTITUTIONAL NETWORK 48 1 17.1 Franchisee's upgraded I-net shall, at a minimum, permit PEG Institutions to transmit 2 programming via upstream institutional network channels to franchisee's headend, and then to 3 downstream open or closed PEG access channels on Franchisee's residential network, or to 4 downstream institutional network channels serving any PEG institution on the cable system. The 5 design of the cable system, and equipment installed by the Franchisee, shall enable the switching 6 and routing of institutional network signals from upstream to downstream transmission to be 7 accomplished remotely via computer and modem by designated access providers or other 8 institution designated by the Municipality, without the assistance of the Franchisee. 9 10 17.2 Franchisee shall dedicate 6 MHz upstream capacity on the cable system for the public, 11 educational, and government access institutional network services. 12 13 [Note: Following section is a draft from April 13, 2000. To be revised based on negotiations.] 14 17.3 Franchisee agrees to construct, install and maintain an institutional network on its cable 15 television system to the locations indicated in Appendix , attached hereto and incorporated by 16 reference. The institutional network shall provide (—) fibers to each site. [Note: Discuss the 17 number of fibers to be provided to each site and design.] Upon request by the City of Ithaca 18 School District, the County, or Consortium municipalities for additional fibers to be included in 19 the fiber bundles to any institutional network sites, Franchisee shall provide the additional fibers 20 based upon Franchisee's incremental cost. 21 22 17.4 The shall own and the Franchisee shall construct and maintain the 23 institutional network. [Note: Ownership to be discussed.] Franchisee agrees not to charge the 24 institutional network users for the use of the institutional network (e.g. video, voice, and data 25 transmission, and other telecommunications applications). The City of Ithaca School District, the 26 County, or Consortium municipalities may have any network or service connected to the 27 institutional network. Neither the institutional network or its communications capacity shall be 28 made available for use or resale to any persons or entities not directly affiliated with the City of 29 Ithaca School District, the County, or Consortium municipalities or as otherwise specified in the 30 Cable Ordinance and the Franchise Agreement. [Note: Discuss TW request for right of first 31 refusal. Also discuss use by non profits.] 32 33 17.5 Franchisee shall engage in cooperative planning with the City of Ithaca School District, 34 the County, or Consortium municipalities to ensure that the final design is comparable to the 35 preliminary design regarding the number, routing, scheduling, and placement of fibers for use in 36 the institutional network. See Appendix _, "I-net Preliminary Design," attached hereto and 37 incorporated by reference. To keep cost at a minimum, Franchisee shall use its best efforts to 38 integrate the City of Ithaca School District, the County, or Consortium municipalities's needs into 39 the cable system's design. Franchisee shall provide to the City of Ithaca School District, the 40 County, or Consortium municipalities its best estimates of institutional network costs, and the 41 design maps related to the institutional network, from time to time, as they are completed. At 42 least ninety (90) days prior to construction, Franchisee shall provide to the City of Ithaca School 43 District, the County, or Consortium municipalities for its review and approval, the design, a 44 quotation of costs, and schedules for construction and installation. [Note: Financial 45 arrangements to be included here.] For the purpose of this Franchise Agreement, incremental 46 material cost shall be defined as only that portion of the costs of the institutional network 47 incurred by Franchisee in the installation of its facilities which exceed the construction capital 48 cost of the cable system and, but for the additional capacity provided upon request of the City of 49 Ithaca School District, the County, or Consortium municipalities, which Franchisee would incur I in its normal course of providing facilities for its own use and purposes. For example, external 2 costs will reflect only the incremental material costs for additional fibers within Franchisee's 3 common cable sheaths, where applicable, but there will be no labor costs charged to construct 4 such common cable sheaths. All non-incremental expenditures for construction, installation, and 5 activation of institutional network facilities, beyond Franchisee's planned cable plant, may be 6 charged , but the overall cost for the I-net shall not exceed $ 7 [Note: To be negotiated.] Franchisee shall provide to the City of Ithaca School District, the 8 County, or Consortium municipalities an itemized accounting of charges. 9 10 17.6 The Company agrees to construct the institutional network to additional City of Ithaca 11 School District, the County, or Consortium municipality-owned buildings upon the request of the 12 City of Ithaca School District, the County, or Consortium municipalities. [Note: Will there be 13 service to any leased buildings?] The expense of future sites which are treated as an external 14 cost shall not exceed Franchisee's actual cost of construction from the connection point to the 15 nearest point on the institutional network. 16 17 17.7 The participating agencies and institutions shall purchase all necessary end user 18 equipment for institutional network applications, with the exception of the access equipment 19 specified in this Franchise Agreement. 20 21 17.8 Franchisee shall ensure that the institutional network and each institutional network 22 location connection specified by the City of Ithaca School District, the County, or Consortium 23 municipalities shall be designed according to Appendix , attached hereto and incorporated 24 by reference. The City of Ithaca School District, the County, or Consortium municipalities shall 25 select the location in the buildings for terminating the fiber optics and Franchisee will install SC 26 connectors. 27 28 17.9 Franchisee shall make available space within, or in close proximity to, its headend, OTN, 29 hubs, and other cable facilities to allow the City of Ithaca School District, the County, or 30 Consortium municipalities to locate its institutional network electronics as required for the 31 operation of the institutional network. Franchisee shall provide the optical and electrical 32 patching, switching, and modulating means necessary to effect the interconnection of incoming 33 institutional baseband video and audio signals from City of Ithaca School District, the County, or 34 Consortium municipalities-authorized educational and governmental entities to the subscriber 35 network, so that switching can be accomplished remotely by telephone or by data link by the 36 participating locations. 37 38 17.10 Franchisee shall complete the Institutional network with _ months of the execution of 39 this Agreement, and shall complete institutional network extensions requested after the 40 construction within six (6) months following a request for extension by the City of Ithaca School 41 District, the County, or Consortium municipalities. 42 43 17.11 So long as it is technically feasible and does not interfere with normal operations of the 44 cable system, the Municipality and the Franchisee shall cooperate to use existing conduit or fiber 45 for the purpose of expanding the I-net to achieve the most economical coverage. [Note: New.] 46 47 17.12 [Note: Maintenance to be discussed.] 48 1 17.13 Under normal operating conditions, Franchisee shall respond to technical problems on the 2 institutional network within four (4) hours with the exception of public safety. In such cases 3 where notified that the technical problem is a public safety problem, Franchisee shall respond 4 immediately. 5 6 17.14 [Note: Existing Cable I-net to be drafted, including operation until cutover to fiber I- 7 net] 8 9 10 PART IV -- FRANCHISEE'S OBLIGATIONS TO THE MUNICIPALITY 11 12 18.0 RATES AND CHARGES 13 14 18.1 Rates and charges imposed by the Franchisee for cable television service shall be subject 15 to the approval of the Municipality, the NYSDPS, and the FCC to the extent consistent with 16 applicable State and Federal law. 17 18 18.2 The Franchisee shall comply with all notice requirements contained in the Ordinance and 19 Federal and State law and regulations pertaining to rates and charges for cable television service. 20 21 18.3 The Franchisee shall not oppose, nor in any way object to, any request for certification 22 filed by or on behalf of the Municipality with the Federal Communications Commission pursuant 23 to the Cable Act. 24 25 18.4 The Franchisee shall not deny service, deny access, or otherwise discriminate against 26 subscribers, channel users or general citizens on the basis of race, color, religion, creed, national 27 origin, age, sex, or physical or mental handicaps, provided the subscriber shall pay all applicable 28 fees for the service desired. The Franchisee shall comply at all times with all other applicable 29 Federal, State and local laws and regulations, and all executive and administrative orders and 30 rates relating to nondiscrimination which are hereby incorporated and made part of the Ordinance 31 and this Franchise Agreement by reference. 32 33 34 19.0 EMPLOYMENT PRACTICES 35 36 19.1 The Franchisee will not refuse to hire or employ, nor bar or discharge from employment, 37 nor discriminate against any person in compensation or in terms, conditions, or privileges of 38 employment because of age, race, creed, color, national origin, or gender. 39 40 [Note: From City of Ithaca existing Franchise. To be reviewed by City.] 41 19.1 Franchisee agrees that it shall not discriminate against any employee or applicant for 42 employment because of race, color, religion, sex, disability, national origin, age, marital status, or 43 sexual orientation or affectional preference. In the employment of persons, Franchisee shall fully 44 comply with applicable local, state and federal law, and shall take affirmative action to ensure 45 that applicants are employed and that employees are treated during employment without regard to 46 their race, color, religion, sex, disability, national origin, age, marital status or sexual orientation 47 or affectional preference. 48 1 19.2 Franchisee shall be an Equal Opportunity/Affirmative Action Employer adhering to all 2 Federal, State or municipal laws and regulations. Pursuant to 47 CFR 76.311 and other 3 applicable regulations of the FCC, Franchisee shall file an Equal Employment Opportunity 4 Affirmative Action Program with the FCC and otherwise comply with all FCC regulations with 5 respect to Equal Employment/Affirmative Action Opportunities. 6 7 19.3 Franchisee shall act affirmatively to increase the number of women and members of 8 various minority groups to their approximate proportion in the total population of the Franchise 9 area at all levels of employment and to enhance the opportunities for women and various 10 minority groups to advance and win promotions in all categories of employment. As part of its 11 obligation under Section 18.1 above, Franchisee shall take affirmative action to employ, during 12 the construction, operation and maintenance of the Cable Communications System minorities 13 and females. Franchisee shall submit to the City annual EEO reports required by the Federal 14 Communications Commission. 15 16 17 20.0 MUNICIPALITY'S RIGHT TO EQUAL BENEFITS AND SERVICES 18 19 During the term of this Franchise Agreement, the Municipality shall be entitled to any 20 benefits, services, or advantages provided to any other municipality within Tompkins County 21 which exceed those required by this Franchise Agreement. 22 23 24 21.0 MUNICIPALITY'S RIGHT TO INQUIRE ABOUT AND INSPECT SYSTEM 25 26 21.1 The Municipality, at any time, may make reasonable inquiries related to its regulatory 27 responsibilities, concerning the management and operation of the cable television system by the 28 Franchisee. The Franchisee shall respond to such inquiries forthrightly and in a timely fashion. 29 30 21.2 The Municipality may require that any tests performed at the Municipality's request be 31 supervised or conducted by a Municipality designee, not an employee or agent of the Franchisee. 32 The Franchisee shall reimburse the Municipality for the costs of such designee if the tests 33 performed show that the quality of service is below the standards set forth in the Ordinance and 34 this Franchise Agreement. 35 36 22.0 MUNICIPAL EMERGENCIES 37 38 In the event of a major public emergency or disaster as determined by a designated 39 official of the Municipality, and upon the demand of such official, the Franchisee shall make the 40 entire cable television system available for use by the Municipality or other Civil Defense or 41 governmental agency designated by the Municipality, for the term of such emergency or disaster. 42 43 44 23.0 FRANCHISE FEE AND PERFORMANCE BOND 45 46 23.1 Franchisee shall pay to the Municipality a franchise fee of five percent (5%) of gross 47 annual revenues or the maximum amount permitted by law, whichever is higher, during the 48 period of its operation under the Franchise, pursuant to the provisions of the Ordinance. Any I increase in the franchise fee shall be implemented as soon as practicable, but no longer than 2 forty-five (45) days. 3 4 23.2. Franchisee shall furnish a construction bond to Municipality as specified in the Ordinance 5 during the construction of the rebuild in the amount of$ . Franchisee shall furnish a 6 performance bond of$ which shall be replenished within ten (10) days of use by the 7 Municipality as specified in the Ordinance. Franchisee shall provide such construction bond and 8 performance bond to the Municipality within thirty (30) days of the effective date of this 9 Franchise Agreement. The Municipality shall certify that the rebuild is completed. Upon receipt 10 of such certification, the Franchisee may cancel the construction bond. The performance bond 11 shall be maintained during the life of the Franchise, to guarantee the faithful performance of all 12 its obligations under the Ordinance and this Franchise Agreement. 13 14 15 24.0 REGULATION 16 17 24.1 The Municipality shall exercise appropriate regulatory authority under the provisions of 18 the Ordinance and this Franchise Agreement. Regulation may be exercised through the [Note: 19 Clerk(Mayor for the City of Ithaca)] or his designee. 20 21 24.2 Franchisee, by accepting the rights hereby granted, agrees that it will perform and keep all 22 acts and obligations imposed, represented or promised by the provisions of this Franchise 23 Agreement,the Ordinance, and the Renewal Proposal. 24 25 24.3 Within six (6) months of the effective date of this Franchise Agreement, Franchisee shall 26 reimburse the Municipality for its renewal related expenditures. Franchisee agrees that such 27 funds shall not be deducted from the franchise fee or passed on to subscribers. 28 29 24.4 Upon request, Franchisee shall attend all meetings of the Tompkins County 30 Intermunicipal Cable Commission [Note: Discuss for City.] and provide monthly operations 31 reports. 32 33 24.5 That Franchisee agrees to abide by the Federal Communications Commission regulations 34 regarding political candidates, the fairness doctrine, and political editorials. 35 36 24.6 The Franchisee agrees to comply with all lawful Federal, State and local requirements 37 with respect to open access to the Franchisee's cable modem platform for providers of Internet 38 service, including, but not limited to, any lawful amendment of the Codified Ordinance. 39 40 24.7 The Municipality requires the Franchisee to make reasonable accommodations, upon 41 request, for people with disabilities, including being ADA compliant. 42 43 44 25.0 COOPERATION 45 46 The parties recognize that it is within their mutual best interests for the cable television 47 system to be operated as efficiently as possible in accordance with the requirements set forth in 48 this Agreement. To achieve this, parties agree to cooperate with each other in accordance with 49 the terms and provisions of this Franchise Agreement. Should either parry believe that the other I is not acting timely or reasonably within the confines of applicable regulations and procedures in 2 responding to a request for action, that party shall notify the person or agents specified in this 3 Franchise Agreement. The person or agent thus notified will use its best effort to facilitate the 4 particular action requested. 5 6 7 26.0 WAIVER 8 9 The failure of the Municipality at any time to require performance by Franchisee of any 10 provision hereof shall in no way affect the right of the Municipality hereafter to enforce the same. 11 Nor shall the waiver by the Municipality of any breach of any provision hereof be taken to be a 12 waiver of any succeeding breach of such provision, or as a waiver of the provision itself. 13 14 15 27.0 CUMULATIVE PROVISION 16 17 The rights and remedies reserved to the Municipality by this Franchise Agreement are 18 cumulative and shall be in addition to and not in derogation of any other rights or remedies which 19 the Municipality may have with respect to the subject matter of this Franchise, and a waiver 20 thereof at any time shall have no effect on the enforcement of such rights or remedies at a future 21 time. 22 23 24 28.0 CAPTIONS 25 26 Captions to sections throughout this Franchise Agreement are solely to facilitate the 27 reading and reference to the sections and provisions of the Franchise Agreement. Such captions 28 shall not affect the meaning or interpretation of the Franchise Agreement. 29 30 31 29.0 ENTIRE AGREEMENT 32 33 This Franchise Agreement and all attachments hereto, and the Ordinance and all 34 attachments thereto, as incorporated herein, represent the entire understanding and agreement 35 between the parties hereto with respect to the subject matter hereof, supersede all prior oral 36 negotiations between the parties, and can be amended, supplemented, modified, or changed only 37 as provided in said Ordinance. Prior to Municipal action on this Franchise, Franchisee shall duly 38 execute a copy of this Franchise. 39 40 41 30.0 MISCELLANEOUS PROVISIONS 42 43 30.1 The Municipality shall have the right to promulgate new, revised or additional consumer 44 protection standards, and penalties for the Franchisee's failure to comply therewith, consistent 45 with the authority granted under Section 632 of the Cable Act (47 U.S.C. Sec. 552). 46 47 30.2 During the term of this Agreement, the Franchisee shall be liable for the acts or omissions 48 of its affiliates while such affiliates are involved directly or indirectly in the construction, I installation, maintenance or operation of the cable television system as if the acts or omissions of 2 such affiliates were the acts or omissions of the Franchisee. 3 4 30.3 Nothing herein shall be deemed to create a joint venture or principal-agent relationship 5 between the parties, and neither party is authorized to, nor shall either party act toward third 6 persons or the public in any manner which would indicate any such relationship with the other. 7 8 30.4 Every notice to be served upon the Municipality shall be sent by certified mail, postage 9 prepaid, to the Municipality, at: City of Ithaca, 108 East Green Street, Ithaca NY 14850-5690. 10 Every notice to be served upon the Franchisee shall be sent by certified mail, postage prepaid, to 11 the Franchisee at its Ithaca office, at: Time Warner, 519 W. State Street, Ithaca,NY 14850. 12 13 30.5 All future Federal and State laws and regulations pertaining to customer service and 14 consumer protection shall be directly applicable to and enforceable against the Franchisee, 15 subject to the provisions of Section 27.0 of this Franchise Agreement. However, any diminution 16 of current Federal or State laws or regulations shall not apply, unless voided by a court or courts 17 of competent jurisdiction or expressly preempted by Federal action, and Franchisee shall conform 18 and comply to the standards in effect at the time of such change in said laws or regulations and to 19 the standards contained in this agreement. 20 21 30.6 Any fines or other claims arising out of any actual breach of the Ordinance and this 22 Franchise Agreement hall be effective from the date such breach is found to have commenced. 23 The Franchisee's responsibility to cure any such breach or remit any such fines or claims shall not 24 be diminished by the failure of the Municipality to enforce any provision of the Ordinance and 25 this Franchise Agreement and the Franchisee hereby agrees to waive any statute of limitations 26 that may be applicable to any such breach during the term of this Franchise Agreement. 27 28 29 31.0 ENTIRE AGREEMENT 30 31 This Franchise Agreement, and all attachments hereto, represents the entire understanding 32 and agreement between the parties hereto with respect to the subject matter hereof, supersedes all 33 prior oral negotiations between the parties and can be amended, supplemented, modified, or 34 changed only as provided herein. 35 36 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be 37 executed as of the day and year first above written. 38 39 ATTEST: ,New York 40 a municipal corporation 41 42 43 44 Clerk (Mayor) (Supervisor) 45 46 47 AOL Time Warner, Inc. 48 49 1 2 3 Witness (President) 4 5 6 7 SEAL s CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 � t DEPARTMENT OF PLANNING AND DEVELOPMENT H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT Telephone: Planning&Development-607/274-6550 Community Development/IURA- 607/274-6559 Fax: 607/274-6558 November 1, 2000 Thomas Doheny, Henry Pearl, and Mike Kennedy Time Warner Cable 519 West state Street Ithaca, New York 14850 Dear Sirs: Thank you for a very productive meeting. The members of the I-Net group feel that we are making real progress. Just so that we are all clear on what was agreed upon at the meeting, the following is a summary of what is expected to happen in the near future: During the meeting a new design for the I-net was proposed. The new core design includes essential sites that require OC 12 connectivity as well as redundancy, so that they cannot be interrupted,with the remaining core sites connected via OC3. This core will be an OC 12 ring design. Mike Kennedy agreed to provide within a week (1) the design for this core with pricing for the essential construction, materials and equipment, and (2) related designs for necessary spurs to outlying areas with pricing for the essential construction, materials and equipment. We would like to hear back no later than next Wednesday, November 8th with pricing and design. The I-Net group could then meet again with Time Warner to make sure that we have come to a mutually agreeable design. The goal is to have this complete before the cable negotiations meeting on November 30th Thanks again for h ing us progress in these negotiations. /&*4;;4P Sincerely, H. Matthys VanCort Director of Planning &Development "An Equal Opportunity Employer with a commitment to workforce diversification." �� CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 a � DEPARTMENT OF PLANNING AND DEVELOPMENT g71tATE0 H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT Telephone: Planning& Development-607/274-6550 Community Development,IURA-607/274-6559 Fax: 607/274-6558 November 2, 2000 Thomas Doheny, Henry Pearl, and Mike Kennedy Time Warner Cable 519 West state Street Ithaca,New York 14850 Dear Sirs: Thank you for a very productive meeting. The members of the I-Net group feel that we have made real progress. Just so that we are all clear on what was agreed upon at the meeting, the following is a summary of what is expected to happen in the near future: During the meeting a new design for the I-net was proposed. The new core design includes essential sites that require OC 12 connectivity as well as redundancy, so that they cannot be interrupted,with the remaining core sites connected via OC3. This core will be an OC12 ring design. Mike Kennedy agreed to provide within a week (1) the design for this core with pricing for the essential construction, materials and equipment, and (2) related designs. for necessary spurs to outlying areas with pricing for the essential construction, materials and equipment. We would like to hear back no later than next Wednesday, November 8th with pricing and design. The I-Net group could then meet again with Time Warner to make sure that we have come to a mutually agreeable design. The goal is to have this complete before the cable negotiations meeting on November 30th Thanks for helping us progress in these negotiations. S"y �t 7 - _ H. Matthys VanCort Director of Planning &Development "An Equal Opportunity Employer with a commitment to workforce diversification." C0 TIME WARNER_ CABLE November 9, 2000 Mr. H. Matthys VanCort Director of Planning & Development City of Ithaca 108 East Green Street Ithaca, New York 14850-5690 Dear Thys: Enclosed is some detail on the cost projections of expanding and upgrading the INET. I have also enclosed some notes from Mike Kennedy to help understand the attached. We are glad to answer more questions at the groups convenience. Attachments: Notes from Mike Kennedy (3 pages) Fiber Network costs Summary Fiber Segment List & Costs (2 pages) Building Entry worksheet End Use Equipment estimates Sincerely, 0 0-7A _,t Thomas P. Doheny General Manager i19 Has?�b �rr, i 1111,iol d /4 V) 7'�1(,0-,2-.-,.7ti 7-, 11/8/00 To: Tom Doheny Re: Ithaca INET In reading Thys Van Cort's letter, I'd like to clarify some things. We did agree to design the essential inner ring. Regarding the outlying areas we agreed to use the information we had prepared for the RFRP, along with pricing from Cisco. While this will not be totally accurate to develop firm pricing, it does get us in the ball park. We will not go any further re-designing the outer areas until the inner ring plans are firm. We can discuss each outlying area separately, as the costs are high and vary by area. We are closing in on the design for the inner ring fiber optic portion of the INET. Because the design was so radically changed, from a point to point system to a ring architecture, we have had to do a great deal of new layout. In addition, the original coaxial INET sites were not in our fiber optic planning, so we had to develop routing for those sites. This will provide a cost estimate but the final pricing and design of the end equipment part of the network will need to go back to Cisco for actual design and pricing. What is ready is the best I can do, with the information we have. After more refining of each particular sites needs and the end use equipment required the estimates can be followed up with something more precise. I became aware of a new development during the past week regarding full- motion two-way video. A new device was demonstrated to me that exhibited excellent picture quality, either streaming or two-way, using an Ethernet connection. The price of this equipment was substantially less than previous CODECS that we have seen, around $6,000 per unit. I think that the use of Ethernet and this equipment gives us some very real flexibility in designing a useful and cost-effective INET. A great deal of the cost in previous designs was incurred because of the need for special equipment to handle T-1 and video traffic. If the need in a location is only for high speed Ethernet, the consortium could realize some very substantial savings in the network. especially as it applies to video arraignments. As we began the design of the "inner circle" INET, it appeared to me that there may have been a misunderstanding as to the scope of this work. When completed, we have 42 sites connected, 10 of which are high-speed (OC-12) redundant sites. The balance are OC-3 type sites. I will not actually quote the OC-3 sites until we have met and determined which of two approaches at each site are desired. However, the cost of providing the fiber optic ring and the OC- 12 sites is included. These costs may vary after we meet, as the proper edge equipment for each site is determined. As this is a work in progress, we are only speaking costs in general terms, with more specific quotes forwarded as the design is firmed up, and Cisco Systems provides us with actual design and quotes. Regarding the fiber optic network. We approached this as if we were developing our own network. I specified that the ring would consist of 24 count, single mode fiber. As we further develop the design, we may find that some of the sites might be close enough so that multimode fiber might be appropriate, with subsequent reduced lightwave transport costs. The OC-12 ring requires the construction of approximately 133,000 feet of fiber optic cable. The spurs off this ring for the various secondary sites will require an additional 65,717 feet of 8 count single mode fiber. The Consortium may, of course, select different fiber counts, which will change the fiber optic costs. The cost for the fiber optic construction is $1,038,596. See attached spreadsheet for details. Because all the buildings have been closely surveyed, we make an assumption of$15,000 per site for building entry (the costs of running cable drops from the network in and out of each building and to each user or each piece of end use equipment). This may be very high in some locations, and low in others, but the actual costs will have to be determined at a later date. I expect that overall, the costs will not exceed this estimate. The estimated costs for the building entry to all 42 sites is $630,000. 1 took the information about the design of the fiber optic network, and drew up a very rough design. Regarding end use equipment I have given you two options on the secondary sites. One uses a full-blown ATM switch to each site, which enables voice, video and data. The other is something we use all the time at our secondary sites, and is just an ATM/Ethernet switch. It is considerably less money than the full-blown switch. In fact, in the purchase of the 8510 switch, a 2924 is necessary to get the Ethernet ports. What is done in our secondary sites is that the 2924, instead of being a foot away from the 8510, is at a distance, connected via fiber. It functions just the same. If a particular INET sites need, especially immediate need, is for Ethernet alone, this is the way to go. In fact, because you would need the 2924 with the full-blown system anyway, you can simply purchase an 8510 when and if you need it, and upgrade with no wasted dollars. I have attached a rough estimate of pricing for the main ring and the secondary sites. As I am not intimately familiar with all of the parts and numbers for all of these devices, I will not guarantee complete accuracy of the design and pricing. It will be in the ballpark. I would like to meet with the technical committee again to firm up requirements and then send the finished product to Cisco for a firm quote. Sincerely, Michael J. Kennedy Vice President Engineering Syracuse Division Project Rollup Ithaca I-Net Extentions Total for Fiber Excluding Lasers $ 236,519.90 Total U/G/Building entries Cost $ 630,000.00 Labor Documentation / Fiber splicing $ 22,176.00 Total Cost Materials& Labor for Sites $ 67,788.00 Delash -Relash Cost $ 82,112.25 Total Project (Fiber) $ 1,038,596.15 Note: Diverse Routes to Fire Central and City Hall are based on using the city conduit system on Green St. Ithaca Streets & Facilities was listed as a OC 12 site with diverse entries. This site is in a location that does not allow us to provide diverse entries. See Map. Prepared by TIME WARNER CABLE 11/09/2000 Page 1 1 NODES<250 24 TAX RATE 7.00% NEW CONSTRUCTION $510.00 NODES>250 B FREIGHT RATE 3,00% NEW POLES $6.020.00 TRANSPORTI 24 OVERLASH $0.55 TRANSPORT 2 48 U/G FIBER $3.75 NOTE.....FOR TRANSPORT ONLY PLACE A ONE OR A ZERO IN THE CELL.THE NUMBER OF FIBERS IS CONTAINED ABOVE SYSTEM TRANSPORT TOTAL SYS FT. TOTAL SYS.MILES TRANSPORT TRANSPORT COST FOR NEW POLES 0 0 $0.00 $0.00 COST FOR NEW CONSTRUCTION 1.1 0 $561.00 $0.00 COST FOR FIBER $119,373.09 $0.00 199060 37.70 $0.00 $0.00 COST FOR OVERLASH.INCLUDING CLOSURES AND MISC MATERIALS $117.146.81 $0.00 $0.00 $0.00 COST FOR U/G FIBER 0 0 $0.00 $0.00 $0.00 $0.00 TOTAL FOR FIBER EXCLUDING LASERS $236,519.90 $0.00 $236,519.90 $0.00 $0.00 FIBER FIBER FIBER FIBER LABOR LABOR IDI FOOTAGE NODES<250 NODES>250 TRAN TRANSPORT 2 SYSTEM FIBER TRANSPORT 1 TRANSPORT 2 TOTAL TRANS COST TRANS 1 COST TRANS 2 COST SYS.COST TRANS COST SYSTEM COST ifd5/911-sp3 18511 1 24 0 0 24 $0.00 $0.00 $0.00 $13,500.07 $0.00 $0.00 $0.00 $10.893.72 sp3-court house 4702 1 24 0 0 24 $0.00 $0.00 $0.00 $3,429.17 $0.00 $0.00 $0.00 $2.767.13 court house-sp4 3567 1 24 0 0 24 $0.00 $0.00 $0.00 $2.601.41 $0.00 $0.00 $0.00 $2.099.18 sp4-ithaca water&sewer 1239 1 24 0 0 24 $0.00 $0.00 $0.00 $903.60 $0.00 $0.00 $0.00 $729.15 Ithaca w&s-ithaca s&f 2400 1 24 0 0 24 $0.00 $0.00 $0.00 $1,750.32 $0.00 $0.00 $0.00 $1.412.40 0haca w&s-I.h.s,board of ed 6133 1 24 0 0 24 $0.00 $0.00 $0.00 $4.472.80 $0.00 $0.00 $0.00 $3.609.27 Ithaca board of ed-spy 1951 1 24 0 0 24 $0.00 $0.00 $0.00 $1,422.86 $0.00 $0.00 $0.00 $1.148.16 sp5-sp6 3301 1 24 0 0 24 $0.00 $0.00 $0.00 $2,407.42 $0.00 $0.00 $0.00 $1,942.64 sp6-public saftey 27333 1 24 0 0 24 $0.00 $0.00 $0.00 $19,933.96 $0.00 $0.00 $0.00 $16,085.47 public saftey-sp7 2800 1 24 0 0 24 $0.00 $0.00 $0.00 $2,042.04 $0.00 $0.00 $0.00 $1,647.80 sp7-t.c.ems 1866 1 24 0 0 24 $0.00 $0.00 $0.00 $1.360.87 $0.00 $0.00 $0.00 $1,098.14 t.c.ems-sp8 5509 1 24 0 0 24 $0.00 $0.00 $0.00 $4,017.71 $0.00 $0.00 $0.00 $3,242.05 sp8-SPS 897 1 24 0 0 24 $0.00 $0.00 $0.00 $654.18 $0.00 $0.00 $0.00 $527.80 sp9-sp10 2031 1 24 0 0 24 $0.00 $0.00 $0.00 $1.481.21 $0.00 $0.00 $0.00 $1.195.24 sp10-SP11 24718 1 24 0 0 24 $0.00 $0.00 $0.00 $18.026.84 $0.00 $0.00 $0.00 $14.546.54 sp11-spl2 2174 1 24 0 0 24 $0.00 $0.00 $0.00 $1,585.50 $0.00 $0.00 $0.00 $1.279.40 spl2-spl8 2804 1 24 0 0 24 $0.00 $0.00 $0.00 $2.044.96 $0.00 $0.00 $0.00 $1,650.15 sp18-sp19 5995 1 24 0 0 24 $0.00 $0.00 $0.00 $4.372.15 $0.00 $0.00 $0.00 $3,528.06 spl9-city hall 1327 1 24 0 0 24 $0.00 $0.00 $0.00 $967.78 $0.00 $0.00 $0.00 $780.94 city hall-fire central 1729 1 24 0 0 24 $0.00 $0.00 $0.00 $1.260.96 $0.00 $0.00 $0.00 $1,017.52 fire central-police dept 3245 1 24 0 0 24 $0.00 $0.00 $0.00 $2,366.58 $0.00 $0.00 $0.00 $1,909.68 police dept-spl 5392 1 24 0 0 24 $0.00 $0.00 $0.00 $3,932.39 $0.00 $0.00 $0.00 $3,173.19 sp1-ifd5/911 2989 1 24 0 0 24 $0.00 $0.00 $0.00 $2.179.88 $0.00 $0.00 $0.00 $1,759.03 sp1-ic 2176 1 8 0 0 8 $0.00 $0.00 $0.00 $742.02 $0.00 $0.00 $0.00 $1.280.58 police dept-s.hill school 3778 1 8 0 0 8 $0.00 $0.00 $0.00 $1,288.30 $0.00 $0.00 $0.00 $2.223.35 city hall-t.c.library new 400 1 B 0 0 8 $0.00 $0.00 $0.00 $136.40 $0.00 $0.00 $0.00 $235.40 sp19-co.mental health 350 1 8 0 0 8 $0.00 $0.00 $0.00 $119.35 $0.00 $0.00 $0.00 $205.98 spl8-water treatment 350 1 8 0 0 8 $0.00 $0.00 $0.00 $119.35 $0.00 $0.00 $0,00 $205.98 sol2-Nd9 1412 1 B 0 0 B $0.00 $0.00 $0.00 $481.49 $0.00 $0.00 $0,00 $830.96 spl1-belle Sher.School 557 1 8 0 0 B $0.00 $0.00 $0.00 $189.94 $0.00 $0.00 $0.00 $327.79 sp10-n.e.school 1701 1 8 0 0 8 $0.00 $0.00 $0.00 $580.04 $0.00 $0.00 $0.00 $1,001.04 sp9-dewitt middle 916 1 B 0 0 8 $0.00 $0.00 $0.00 $312.36 $0.00 $0.00 $0.00 $539.07 spB-boces 1759 1 8 0 0 8 $0.00 $0.00 $0.00 $599.82 $0.00 $0.00 $0.00 $1.035.17 sp7-airport term 2077 1 8 0 0 8 $0.00 $0.00 $0.00 $708.26 $0.00 $0.00 $0.00 $1,222.31 sp6-cayuga hilts school 4356 1 8 0 0 8 $0.00 $0.00 $0.00 $1.485.40 $0.00 $0.00 $0.00 $2,563.51 sp5-sp16 936 1 B 0 0 8 $0.00 $0.00 $0.00 $319.18 $0.00 $0.00 $0.00 $550.84 spl6-boyton middle 605 1 8 0 0 B $0.00 $0.00 $0.00 $206.31 $0.00 $0.00 $0.00 $356.04 spl6-ithaca youth center 1752 1 8 0 0 8 $0.00 $0.00 $0.00 $597.43 $0.00 $0.00 $0,00 $1,031.05 1 h.s.board of ed.-spl5 1648 1 8 0 0 B $0.00 $0.00 $0.00 $561.97 $0.00 $0.00 $0.00 $969.85 sp15-fall creek school 1433 1 8 0 0 B $0.00 $0.00 $0.00 $488.65 $0.00 $0.00 $0.00 $843.32 spl5-c.u.mcfaden hall 4797 1 8 0 0 B $0.00 $0.00 $0.00 $1,635.78 $0.00 $0.00 $0.00 $2,823.03 Prepared by TIME WARNER CABLE 11/09/2000 Page 1 Bhaca wiLs-sceince center 803 1 8 0 0 8 $0.00 $0.00 $0.00 $273.82 $0.00 $0.00 $0.00 $472.57 Ithaca w&s-c.0coop ext. 1339 1 8 0 0 8 $0.00 $0.00 $0.00 $456.60 $0.00 $0.00 $0.00 $788.00 ithaca s&f-city bus garage 1255 1 8 0 0 8 $0.00 $0.00 $0.00 $427.96 $0.00 $0.00 $0.00 $738.57 sp4-waste water 1630 1 8 0 0 8 $0.00 $0.00 $0.00 $555.83 $0.00 $0.00 $0.00 $959.26 sp4-police north side 2400 1 8 0 0 8 $0.00 $0.00 $0.00 $818.40 $0.00 $0.00 $0.00 $1,412.40 sp3-sp17 3037 1 8 0 0 8 $0.00 $0.00 $0.00 $1,035.62 $0.00 $0.00 $0.00 $1,787.27 sp17-a8emative comm.School 2618 1 8 0 0 8 $0.00 $0.00 $0.00 $892.74 $0.00 $0.00 $0.00 $1,540.69 sp17-rd6 11132 1 8 0 0 8 $0.00 $0.00 $0.00 $3,796.01 $0.00 $0.00 $0.00 $6.551.18 sp3-sp13 568 1 8 0 0 8 $0.00 $0.00 $0.00 $193.69 $0.00 $0.00 $0.00 $334.27 sp13-twc 610 1 8 0 0 8 $0.00 $0.00 $0.00 $208.01 $0.00 $0.00 $0.00 $358.99 sp1}southside comm.cemer 1822 1 8 0 0 8 $0.00 $0.00 $0.00 $621.30 $0.00 $0.00 $0.00 $1.072.25 court house-south central library 1330 1 8 0 0 8 $0.00 $0.00 $0.00 $453.53 $0.00 $0.00 $0.00 $782.71 court house-ithaca town hall 934 1 8 0 0 8 $0.00 $0.00 $0.00 $318.49 $0.00 $0.00 $0.00 $549.66 courthouse-t.c.library old 1717 1 8 0 0 8 $0.00 $0.00 $0.00 $585.50 $0.00 $0.00 $0.00 $1,010.45 t.c.library old-sp14 1023 1 8 0 0 8 $0.00 $0.00 $0.00 $348.84 $0.00 $0.00 $0.00 $602.04 sp14-Ithaca city school dist.maint. 1450 1 8 0 0 8 $0.00 $0.00 $0.00 $494.45 $0.00 $0.00 $0.00 $853.33 sp14-greater ithaca act.center 507 1 8 0 0 8 $0.00 $0.00 $0.00 $172.89 $0.00 $0.00 $0.00 $298.37 sp14-beverly j martin school 689 1 8 0 0 8 $0.00 $0.00 $0.00 $234.95 $0.00 $0.00 $0.00 $405.48 fire central-human services 580 1 8 0 0 8 $0.00 $0.00 $0.00 $197.78 $0.00 $0.00 $0.00 $341.33 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $119,373.09 $117.146.81 Prepared by TIME WARNER CABLE 1110912000 Page 2 UG&Bld Entries Site ID U/G Footage Bid.Footage Road Bore Ft. Ithaca College(Park Comm.Bldg) 0 0 0 South Hill Elementary School 0 0 0 42 Locations Tompkins Co.Fire/EMS 0 0 0 Qty Unit Price Equip.Price Ithaca Police Dept. 0 0 0 WDC 001 Fiber Splice Center 1 203 203 City Hall 0 0 0 M67-068 splice tray 1 25 25 Tompkins Co.Library(new) 0 0 0 FDC_CPIP38(SCA) 1 50 50 Ithaca Town Hall 0 0 0 SCAPC 5 m_eter Jumpers 2 28 56 Court House 0 0 0 Opti Guard 25 0.32 8 Fire Central 0 0 0 Hardware Cost 1 20 20 South Side Community Center 0 0 0 Labor(Pull Fiber Mm Bid) 1 1000 1000 Human Services Building 0 0 0 Labor(fiber spicing) 4 63 252 Beverly J.Martin School 0 0 0 Greater Ithaca Activities Center 0 0 0 Total Cost Per Site 1614 Ithaca City School Dist.(Maint.) 0 0 0 Comell U McFadden Hall 0 0 0 Fall Creek School 0 0 0 Unit Price Ithaca Police North Side 0 0 0 Total U/G Footage 0 3.75 $ - Sceince Center 0 0 0 Ithaca Water&Sewer 0 0 0 Total Road Bore Footage 0 27 $ - Waste Water Treatment Plant 0 0 0 C.U.Cooperative Extensions 0 0 0 Siecor MDS sheifs for ITH 0 1725 $ - City Bus Garage 0 0 0 Ithaca Streets& Facilities 0 0 0 Labor Fiber splicing(outside plantlH.E.) 352 63 $ 22,176.00 Ithaca Youth Bureau 0 0 0 Ithaca High School/board of ed. 0 0 0 Total Cost per site 1614 42 $ 67,788.00 Cayuga Heights School 0 0 0 TST BOCES 0 0 0 Delash-Relash Cost 149295 0.55 $ 82,112.25 Dewitt Middle School 0 0 0 Northeast School 0 0 0 Public Safety 0 0 0 Splicing=42 locations @ 4hrs ea. Airport Terminal 0 0 0 Ithaca Fire Dept.Station 5 0 0 0 End to End testing 40hrs County Mental Health Building 0 0 0 Tompkins Co.Library(old) 0 0 0 Documentation 80hrs South Central Library System 0 0 0 TW C, 0 0 0 0 0 0 ADDITIONAL SITES 0 0 0 Boynton Middle School 0 0 0 Aftemative Community School 0 0 0 Water Treament Facility 0 0 0 IFD Station 9 0 0 0 Belle Sherman School 0 0 0 IFD Station 6 0 0 0 Fire training Pier Rd 0 0 0 Prepared by TIME WARNER CABLE 11/092000 Page 1 CITY OF ITHACA G= :� 108 East Green Street Ithaca, New York 14850-5690 is `b DEPARTMENT OF PLANNING AND DEVELOPMENT H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT Telephone: Planning& Development-607/274-6550 Community Development/IURA-607/274-6559 Fax: 607/274-6558 From: Jennifer Kusznir To: I-Net Group: Date: Wed, Nov 15, 2000 Subject: I-Net I-Net Task Group Members: I just received a fax from Tom Doheny that I am faxing to all of you. It is a diagram of all of the points in the inner ring that were agreed upon. There is also a key that goes along with it. The map is kind of hard to read, so let me know if you can't figure it out. Thanks Jennifer Kusznir An Equal Opportunity Employer with a commitment to workforce diversification." �, +160?2??5404 TIME WARNER CABLE 398 P02/03 NOU 15 '00 1�:0 s y rte~ low/W. ! .� tr 46.0 ' —y\r/I 4►'w .n� w t w a. � i -w ejf4lf Er j i �. x OC-12 Redundant Sites Catalyst 8510 MSR with 1 SM IR,3 MM and 4T1 Circuit Emulated interfaces for PBX connectivity.The Catalys 2924M-XL will connect to one of the OC-3 MultiMode ports. Product Description Quantity Price Extended C851OMSR-SKIT-AC C8510 MSR Starter Kit with AC Power 1 18,000.00 $ 18,000.00 C8510-PWR-AC/2 Catalyst8510RedundantACPowerSupply 1 1,250.00 $ 1,250.00 CAB-7KAC AC Power Cord North America 2 0 $ - S851 R2-12 0 4W C8510 ATM Software 1 2,500.00 $ 2,500.00 WATM•CAM-2P LightStream 1010/C5500 Carrier Module(installed) 1 600 $ 600.00 OC-12 Laser OC•12 Laser 2 8,950.00 $ 17,900.00 WAI-TIC-4RJ48 4 Port T1 circuit emulation RJ-48 PAM 1 4,9%00 $ 4,950.00 WS-C2924M-XL-EN 24-port 10/100 Switch w/Two Module Slots(Enterprise Edition 1 $2,495 $ 2,495.00 WS-X2961-XL Catalyst 2900 XL Series ATM 155 Multimode Fiber Module 1 $3,495 $ 3,495.00 For 10 sites $ 51,190.00 $ 511,900.00 Remote Site Configuration Catalyst 8510 MSR with 1 SM IR,3 MM and 4 T1 Circuit Emulated interfaces for PBX connectivity.The Catalys 2924M-XL will connect to one of the OC-3 MultiMode ports. Product Description Quantity Price Extended C851 OMSR-SKIT-AC C8510 MSR Starter Kit with AC Power 1 18,000.00 $ 18,000.00 C8510-PWR-AC/2 Catalyst 8510 Redundant AC Power Supply 1 1,250.00 $ 1,250.00 CAB-7KAC AC Power Cord North America 2 0 $ - S851R2-12.0.4W C8510 ATM Software 1 2,500.00 $ 2,500.00 WATM-CAM-2P LightStream 1010/C5500 Carrier Module(installed) 1 600 $ 600.00 WAI-0C3-1S3M OC-3c/STM-1 Mix PAM,1-port SMF-IR+3-portMMF 1 4,100.00 $ 4,100.00 WAI-TIC-4RJ48 4 Port T1 circuit emulation RJ-48 PAM 1 4,950.00 $ 4,950.00 WS-C2924M-XL-EN 24-port 10/100 Switch w/Two Module Slots(Enterprise Edition 1 $2,495 $ 2,495.00 WS-X2961-XL Catalyst 2900 XL Series ATM 155 Multimode Fiber Module 1 $3,495 $ 3,495.00 For 32 sites $ 37,390.00 $ 1,196,480.00 OR... If high speed Ethernet is all that is required........ Remote ATM /Ethernet Option WS-C2924M-XL-EN 24-port 10/100 Switch w/rwo Module Slots(Enterprise Edition 1 $2,495 $ 2,495.00 For 32 sites WS-X2961-XL Catalyst 2900 XL Series ATM 155 Multimode Fiber Module 2 $3,495 $ 6,990.00 1$ 223,680.00 Proposed MAN Sites Raw a IN Downtown Courthouse Complex Cental WAWPBX N 128 East Buffalo St.,Ithaca City of Ithaca County Government Yes 1 10OMbit T1 2 way FMV/Exi 100 Mbit Tt central PBX 2 via FMV Human Services Building 320 West State St.,Ithaca City of Ithaca County Government No 1 10OMbit T1 100Mbit T1 Public Libra old 312 North Cayuga St.,Ithaca City of Ithaca County Government Yes 1 10OMbit T1 100Mbit T1 Public Libra new 115 East Green St. Ithaca City of Ithaca County Government No 1 10OMbit T1 10OMbit T1 Mental Health 201 East Green St. Ithaca City of Ithaca County Government No 1 10OMbtt T1 10OMbit T1 Workforce Development/Assigned Council 171 East State St. Center Ithaca City of Ithaca County Government No 1 10OMbit 1OMbit Human Rights 120 West State St.,Ithaca City of Ithaca County Government No 1 10OMbit 10OMbit Department of Motor Vehicles 301 Third St.,Ithaca City of Ithaca County Government No future 10OMbit 1OMbit Airport Terminal 1 Culligan Drive Ithaca Town of Ithaca County Government No 1 10OMbit 10OMbit Tompkins County Fire/EMS 72 Brown Road Ithaca Town of Ithaca County Government No future 10OMbit T1 10OMbit T1 Public Safety 779 Warren Rd.,Ithaca Town of Ithaca County Government No 1 10OMbit Tt 2 way FMV 10OMbit T1 2 way FMV Public Works 170 Bostwick Rd.,Ithaca Town of Ithaca County Government No 1 10OMbit 1OMbit Solid Waste 122 Commercial Avenue Ithaca Town of Ithaca County Government No 1 10OMbit 1OMbit Public Health 401 Harris B.Dr. Ithaca Town of Ithaca CountyGovernment No 1 10OMbit Tt 10OMbit T1 Cl" & iiaca _ , .. . Ci Hall-Ithaca Police&Fire Dept.'s 108 East Green St.,Ithaca City of Ithaca City Government Yes 1 10OMbit T1 2 way FMV 100Mbit T1 2way FMV City of Ithaca Police Northside Office 526 Madison St.,Ithaca City of Ithaca City Government No future 10OMbit 1OMbit Water Treatment Facility 2 Water SL Ithaca City of Ithaca City Government No future 10MBit 1OMbit Fire Department 310 West Green St. Ithaca City of Ithaca City Government Yes 1 10OMbit 2 way FMV 1OMbit 2 way FMV Waste Water Treatment Plant 525 Third St.,Ithaca City of Ithaca City Government No 1 100Mbit 8 lines 1OMbit 8 lines IFD Station 9 309 College Ave Ithaca City of Ithaca City Government No 1 10OMbit 2 way FMV 1OMbit 1 way FMV IFD Station 5 965 Denby Rd. hhaca City of Ithaca City Government No 1 10OMbit 2 way FMV 1OMbit 1 way FMV IFD Station 6 1240 Trumansburg Road Ithaca City of Ithaca City Government No 1 1 OOMbtt 2 way FMV 1OMbit 1 way FMV Water/Sewer 510 First St. Ithaca City of Ithaca City Government Yes 1 10OMbit 18 lines 1OMbit 8 lines Youth Bureau 1 James Gibbs Dr.,Ithaca City of Ithaca City Government Yes 1 10OMbit 8 lines 1110Mbit 8 lines Southside Community Center 305 So ih-Plain St.,Ithaca City of Ithaca City Government No 1 10OMbit 1OMbit StreeVFacilitles 245 Pier Rd. Ithaca City of Ithaca City Government Yes 1 100mbit 8 lines 2 way FMV 1OMbit 8 lines 2 wa FMV GIAC 318 North Alban St.,Ithaca City of Ithaca City Government Yes 1 10 Mbit 8 lines 1OMbit 8 lines 77 Town of Ithaca Town Hall 213 North Tioga St.,Ithaca City of Ithaca RVillae overnment No t 100MBit 2 wayFMV 1OMblt 2 we FMV Town of Ithaca Hi hwa De artment 106 Seven Mile Dr. Ithaca Town of Ithaca overnment No future Cayuga Heights Village Hall 836 Hanshaw,Rd,Ithaca Village of Cayuga Heightovernment J No 1 10OMbit 2 wa FMV 10Mbit 2wa FMV Ca Hei hts Fire House 194 Pleasant Grove Rd. Ithaca Villa a of Ca Hei h overnment No future 10OMbit 2 wayFMV 1OMbit 2 wayFMV rL;.w _ Town Office and Justice Court 29 Auburn Road Town of Lansing Town Government No 1 10OMbit 2 way FMV 1OMbit 2 way FMV Lansing Town Hall 29 Rida Rd. Lansing Village of Lansing Town Government No future 10OMbit 2 way FMV tOMbit 2 way FMV Lansi Fire District 80 Rid a Rd. Lanstn Village of Lansing S 'al District No future 100 I,Abit 2 way FMV 1OMbit 2 via FMV Ira a, Villa Offices 2405 N.Triphammer Rd. LansingLansing Village Village of Lan � Govemement No future 10OMbit 2 way FMV 1OMbit 2 way FMV Lansing Fire Station#5 Oakcrest Road Villa a of Lansing Special District No future 10OMbit 2 wayFMV 1OMbit 2 wayFMV � 777727 7174"1 � 7, 7777777 Dryden Village HaIVPolice Dept. 61 E.Main St. Dryden Village of Dryden Village Government No 1 100Mbit 2 way FMV 1OMbit 2 way FMV Dryden Fire Department 26 North St.,Dryden Village of Dryden Special District No future 1o0Mbit 2 way FMV 1OMblt 2 way FMV Southword Libra Village of D an Public No future .c 777777777 7 17'777 777 5 Freeville village Court 5 Facto St.,Freeville ilia a Freeville Villa a Government No 1 100Mbit 2 way FMV 10 Mbit 2 wayFMV Freeville Fire Station 21 Universii treat Village of Freeville Special Dist ct No future 100Mbit 2 wayFMV future 2 way FMV 10/24/00 1 Proposed MAN Sites Town, f Groton Groton Town Hall 101 Conger Blvd.:5ronton Village of Groton Town Government No 1 10OMbit 2 way FMV 10Mbit 2 way FMV Fire rtment 108 E.Cortland Street Village of Groton Village of Groton No future 10OMbit 2 way FMV 1IOMbit 2 way FMV of Ullys"s UI i ioombit 2 way FMV 10Mblt 2 way FMV iiises Town Hall 10 Elm St.,Trumansburg Village of Trumansburg Town Government No Village of Trumansburg Village Office/Police Department 56 East Main St.,TrumansburQ Village of Trumansburg Town Government No I 10OMbit 2 way FMV 10Mbit 2 way FMV 100 TZ q Fire Hall West Main Street Village of Trumansburg Village Government No future[Mbit 2 way FMV 10Mbit 2 way.FMV T Slaterville Fire Hall 2681 Slaterville Road Town of Caroline Special District No future l 100Mbit 2 way FMV 10Mbit 2 way FMV Caroline Town Court 2670 Slaterville 01!e S Town Government No 1 ioombit 2 way FMV 10Mbit 2 way FMV 777777� P, 7777-7 77 r777777_777—, 7� 777`� 41 Slaterville_��! C Tompkins Cortland Community College 170 North St.,Dryden Village of Dryden Public Leamina Inst. . No 1 100MbIt 2 way FMV 10Mbit 2 way FMV Tompkins Cortland Communil,College The Rothsch!IS'01d . The Commons City of Ithaca Public Learning Inst. No future 1 OOMbit 2 way FMV 10Mbit 2 way FMV nt 00111VI'Men Ca=_VHeffiQVhts School 110 E.Upland Road Village of Cayuga Height Public Yes 1 100Mbit T1 2 way FMV 100Mbit 16 lines 1 way FMV Alternative Community School 111 Chestnut St.,Ithaca City of Ithaca Public Yes I 10OMbit T1 2 way FMV 100Mb1t 16 lines 2 way FMV District Office/Hiah School 400 Lake St.,Ithaca City of Ithaca Public Yes 1_100Mbit T1 2 way FMV 1100Mbit TI 2 way FMV Boynton Middle School 1601 North Cayuga St.,Ithaca City of Ithaca Public Yes 111100Mbit T1 2 way FMV 100Mbit 16 lines 2 way FMV Dewitt Middle School 560 Warren Rd.,Ithaca Town of Ithaca Public Yes 1 1100Mbit T1 2 way FMV 100MbIt 16 lines 2 way FMV Beverly J.Martin Elementary School 302 West Buffalo St.,Ithaca City of Ithaca Public Yes I 100Mbit T1 2 way FMV 100MbIt _161mes I way FMV Fall Crook Elementary School 202 King St.,Ithaca City of Ithaca Public Yes I I OOMbit T1 2 way FMV 100Mbit 16 lines 1 way FMV Northeast Elementary School 425 Winthrop Dr.,Ithaca Town of Ithaca Public Yes 1 100Mbit T1 2 way FMV 100Mbit 16 lines I way FMV South Hill Elementary School 520 Hudson St.,Ithaca City of Ithaca Public Yes I 110OMbit T1 2 way FMV 100Mbit �16 lines 1 we FMV Belle Sherman Elementary School 501 Mitchell St.,Ithaca City of Ithaca Public No 1 100MbIt T1 2 way FMV 100Mbit 16 lines I way FMV Caroline Elementary School 2439 Slaterville Rd.,Slaterville Springs Town of Caroline Public No 1 100Mbit TI 2 way FMV 1 OOMbit 16 lines I wwmay FMV Denby Facility 54 Gunderman Rd.,Ithaca Town of Denby Public No 1.100MbIt T12 way FMV 100Mbit 16 lines I way FMV Enfield Elementary School 20 Enfield Main Rd.,Enfield Town of Enfield Public No 1110OMbit T11 2 way FMV 100Mbit 16 lines 1 we FMV :Transportation Department 150 Bostwick Rd,Ithaca Town of Ithaca Public No 1 110OMbit 16 lines IOMbit 16 lines we 9— FMV we FMV we FMV MV MV FMV Maintenance Center 101 M St,Ithaca City of Ithaca Public No 1 10OMbit 16 lines 10MbIt 16 lines Dryden Elementary School Union SL,Dryden Village of Dryden Public No future 100MbIt T11 2 way FMV 1O0Mbit 16 lines I way FMV Freeville Elements j School Main St Freaville Village of Eregvft Public NoNfuture 100MbIt TI 2 wa FMV 100Mbit 16 lines I way FMV�------- 7.- 7 Groton Elementary School 516 Elm St.,Groton Village of Groton Public No future IDOMbft T1 2 way FMV 1 OOMbit 16 Imes I way FMV Groton Middle/H,4h School 400 Peruville Rd.,Groton \tillage of Groton Public No future 100Mbit T1 2 ta _ , 100Mbit 16 lines 1 way FMV Ti utt�art>tSottbolsv'�' 1�7777"'7;�'- 7777 ,7 Central School gui4np 14886,4um; sbu Villa ge of T Public No future 1100Mbit T1 2 way FMV 100Mbit 16 lines 1 way FMV 7777 =uPO'...... Lansino Central Schools 264 Rid,�Rd. Lansing Village of Lansing Public No future 100Mbit T1 2 way FMV 10MBIt 16 lines I way FMV TST BOCES 555 Warren Rd.,LtLa22 Town of Ithaca Public Yes tin TW fiber 100MhIt 2w FMV 10Mbit 2 way FMV 7 7-7- , SclenCenter 601 First St.,Ithaca City of Ithaca Not-for-profit Yes 11 South Central Library System 215 North Cayuga St.,Ithaca City of Ithaca Not-for-profit Yes 1 Cayuga Medical Center 101 Dates Dr.,Ithaca Town of Ithaca Private No 1 Convenient Care Center 10 Arrowood Drive,Ithaca Town of Ithaca Private No future 41 Cooperaltive Extension 615 Willow Ave.,Ithaca Town of Ithaca Not-for-profit Yes I IOMBit 12 way FMV 110Mbit 2 way FMV Now York State Police Department 1850 Dryden Rd.,Freeville Town of Dryden Public No 10/24/W 2 Proposed MAN Sites Foodnet Villa a of Lansin Not-for- rofit No future 100Mbit 10Mbit State Theater C' of Ithaca No future 2 way FMV 2 way FMV 10/24/00 3 NODES<1 241 TAX RATE 1 7.00% NEW CONSTRUCTION $510.00 NODES> 81 IFREIGHT RATE 3.00% NEW POLES $6,020,00 TRANSPO 241 JOVERLASH $0.55 TRANSPO 48 U/G FIBER $3.75 NOTE.....FOR TRANSPORT ONLY PLACE A ONE OR A ZERO IN THE CELL.THE NUMBER OF FIBERS IS CONTAINED ABOVE SYSTEM TRANSPORT TOTAL SY TOTAL SYS.MILES TRANSPO TRANSPORT 2 COST FOR NEW POLES 0 0 $0.00 $0.00 COST FOR NEW CONSTRUCTION 1.1 0 $561.00 $0.00 COST FOR FIBER 1 $119,373.09 $0.00 199060 37.70 $0.00 $0.00 COST FOR OVERLASH,INCLUDING CLOSURES AND MISC MATERIALS $117,146.81 $0.00 $0.00 $0.00 COST FOR U/G FIBER 0 0 $0.00 $0.00 $0.00 $0.00 TOTAL FOR FIBER EXCLUDING LASERS $236,519.90 $0.00 $236,519.90 $0.00 $0.00 FIBER �FIBER-JFIBER FIBER LABOR LABOR TOTALS ID# FOOTAGE NODES<NODES> TRANSPO TRANSPORT 2 SYSTEM F TRANSPORT 1 TRANSPO TOTAL TRANS C TRANS 1 ITRANS 2 4SYS.COST TRANS COST SYSTEM COST fdh 11-s 18511 1 24 0 0 24 $0.00 $0.00 $0.00 $13,500.07 $0.00 $0.00 $0.00 $10,893.72 $24,393.80 ourthouse 4702 1 24 0 0 24 $0.00 $0.00 $0.00 $3,429.17 $0.00 $0.00 $0.00 $2,767.13 $6,196.30 hW 3567 1 24 0 0 24 $0,00 $0.00 $0.00 $2,601.41 $0.00 $0.00 $0.00 $2,099.18 $4,700.59 haca water&sewer 1239 1 24 0 0 24 $0.00 $0.00 $O.DO $903.60 $0.00 $0.00 $0.00 $729.15 $1,632.75 w&s4thaca s&f 2400 1 24 0 0 24 $0.00 $0.00 $0.00 $1,750.32 $0.00 $0.00 $0.00 $1,412.40 $3,162.72 w&s-I.h.s.board of ed 6133 1 24 0 0 24 $0.00 $0.00 $0.00 $4,472.80 $0.00 $0.00 $0.00 $3,609.27 $8,082.07 Ithaca board of ed-sp5 1951 1 24 0 0 24 $0.00 $0.00 $0.00 $1,422.86 $0.00 $0.00 $0.00 $1,148.16 $2,571.03 5-sp6 3301 1 24 0 0 24 - $0.00 $0.00 $0.00 $2,407.42 $0.00 $0.00 $0.00 $1,942.64 $4,350.06 blic saftey 27333 1 24 0 0 24 $0.00 $0.00 $0.00 $19,933.96 $0.00 $0.00 $0.00 $16,085.47 $36,019.43 public safte-s 7 2800 1 24 0 0 24 $0.00 $0.00 $0.00 $2,042.04 $0.00 $0.00 $0.00 $1,647.80 $3,689.84 7-Lc.ems 1866 1 24 0 0 24 $0.001 $0.00 $0.00 $1,360.87 $0.00 $0.00 $0.00 $1,098.14 $2,459.01 .c.ems-s5509 1 24 0 0 24 $0.Wj $0.00 $0.00 $4,017.71 $0.00 $0.00 $0.00 $3,242.05 $7,259.76 9 8971 1 24 0 0 24 $0.001 $0.00 $0.00 $654.18 $0.00 $0.00 $0.00 $527.88 $1,182.07 9 10 20311 1 24 0 0 24 0.001 $0.00 $0.00 $1,481.21 $0.00 $0.00 $0.00 $1,195.24 d$32.573.53-8 5 10-s 11 24718 1 24 0 0 24 $0.00 $0.00 $0.00 $18,026.84 $0.00 $0.00 $0.00 $14,546.54 8s 11-s 12 2174 1 24 0 0 24 $0.00 $0.00 $0.00 $1,585.50 $0.00 $0.00 $0.00 $1,279.40 012-s 18 2804 1 24 0 0 24 $0.00 $0.00 $0.00 $2,044.96 $0.D0 $0.00 $0.00 $1,650.15 1118-s 19 - 5995 1 24 0 0 24 $0.00 $0.00 $0.00 $4,372.15 $0.00 $0.00 $0.00 $3,528.06 1s 19cit hall 1327 1 24 0 0 24 $0.00 $0.00 $0.00 $967.78 $0.00 $0.00 $0.00 $780.94 2i hall-fire central 1729 1 24 0 0 24 $0.00 $0.00 $0.00 $1,260.96 $0.00 $0.00 $0.00 $1,017.52 6re centre ice de t 3245 1 24 0 0 24 $0.00 $0.00 $0.00 $2,366.58 $0.00 $0.00 $0.00 $1,909.68 6 police de t-s 1 5392 1 24 0 0 24 $0.001 $0.00 $0.00 $3,932.39 $0.00 $0.001 $0.001 $3,173.19 $7,105.58 14fd5/911 2989 1 24 0 0 24 $0.001 $0.00 $0.00 $2,179.86 $0.00 $0.00 $0.00 $1,759.03 $3,938.90 s 1-ic f Nit" .Gr 2176 1 8 0 0 8 $0.00 $0.00 $0.00 $742.02 $0.00 $0.00 $0.00 $1,280.58 $2,022.59 Police de t-s.hill school 3778 1 8 0 0 8 $0.00 $0.00 $0.00 $1,288.30 $0.00 $0.00 $0.00 $2,223.35 $3,511.65 a hall-t.c.libra new 400 1 8 0 0 8 $0.00 $0.00 $0.00 $136.40 $0.D0 $0.00 $0.00 $235.40 $371.80 19-co.mental health 350 1 8 0 0 8 $0.00 $0.00 $0.00 $119.35 $0.D0 $0.00 $0.00 $205.98 $325.33 s 18-water treatment 350 1 8 0 0 8 $0.00 $0.00 $0.00 $119.35 $0.00 $0.00 $0.00 $205.98 $325.33 s0124fd9 1412 1 8 0 0 8 $0.00 $0.D0 $0.00 $481.49 $0.00 $0.00 $0.00 $830.96 $1,312.45 s 11 belle sher.School 557 1 8 0 0 8 $0.00 $0.00 $0.00 $189.94 $0.00 $0.00 $0.00 $327.79 $517.73 s 10-n.e.school 1701 1 8 0 0 8 $0.00 $0.00 $0.00 $580.04 $0.00 $0.00 $0.00 $1,001.04 $1,581.08 s 9-dewitt middle 916 1 8 0 0 8 $0.00 $0.00 $0.00 $312.36 $0.00 $0.00 $0.00 $539.07 $851.42 s -boces 1759 1 8 0 0 8 $0.00 $0.00 $0.00 $599.82 $0.00 $0.00 $0.00 $1,035.17 $1,634.99 sp7-airport term 2077 1 8 0 0 8 $0.00 $0.00 $0.00 $708.26 $0.00 $0.00 $0.00 $1,222.31 $1,930.57 s 6-ca u a h is school 4356 1 8 0 0 8 $0.00 $0.00 $0.00 $1,485.40 $0.00 $0.00 $0.00 $2,563.51 $4,048.90 s 5-s 16 936 1 8 0 0 8 $0.00 $0.00 $0.00 $319.18 $0.00 $0.00 $0.00 $550.84 $870.01 ispl6-boyton middle 605 1 8 0 01 8 $0.001 $0.00 $0.00 $206.31 $0.00 $0.00 $0.00 $356.04 $562.35 s 16-ilhaca youth center 1752 1 8 0 0 8 $0.00 $0.00 $0.00 $597.43 $0.00 $0.00 $0.00 $1,031.05 $1,628.48 I.h.s.board of ed-sp15 1648 1 8 0 0 8 $0.00 $0.00 $0.00 $561.97 $0.00 $0.00 $0.00 $969.85 $1,531.82 sp154all creek school 1433 1 8 0 0 8 $0.00 $0.00 $0.00 $488.65 $0.00 $0.00 $0.00 $843.32 $1,331.97 s 15-c.u.mcfaden hall 4797 1 8 0 0 8 $0.00 $0.00 $0.00 $1,635.78 $0.00 $0.00 $0.00 $2,823.03 $4,458.81 ithaca w&s-sceince center 803 1 8 0 0 8 $0.00 $0.00 $0.00 $273.82 $0.00 $0.00 $0.00 $472.57 $746.39 ithaca w&s-c.u.coop ext. 1339 1 8 0 0 8 $0.00 $0.00 $0.00 $456.60 $0.00 $0.00 $0.00 $788.00 $1,244.60 ithacas&f-city bus garage 1255 1 8 0 0 8 $0.00 $0.00 $0.00 $427.96 $0.00 $0.00 $0.00 $738.57 $1,166.52 s wastewater 1630 1 8 0 0 8 $0.00 $0.00 $0.00 $555.83 $0.00 $0.00 $0.00 $959.26 $1,515.09 sp4-pollce north side 2400 1 8 0 0 8 $0.00 $0.00 $0.00 $818.40 $0.00 $0.00 $0.00 $1,412.40 $2,230.80 spa-s 17 3037 1 8 0 0 8 $0.00 $0.00 $0.00 $1,035.62 $0.00 $0.00 $0.00 $1,787.27 $2,822.89 17-alternative comm.School 2618 1 8 0 0 8 $0.00 $0.00 $0.00 $892.74 $0.00 $0.00 $0.00 $1,540.69 $2,433.43 s 17-ifd6 11132 1 8 0 0 8 $0.00 $0.00 $0.00 $3,796.01 $0.00 $0.00 $0.00 $6,551.18 $10,347.19 s 3-s 13 568 1 8 0 0 8 $0.00 $0.00 $0.00 $193.69 $0.00 $0.00 $0.001 $334.27 $527.96 .sp13-twc 610 1 8 0 0 8 $0.00 $0.00 $0.00 $208.01 $0.00 $0.001 $0.001 $358.99 $567.00 s 13-southside comm.center 1822 1 8 0 0 8 $0.00 $0.00 $0.00 $621.30 $0.00 $0.00 so-001 $1,072.25 $1,693.55 court house-south central library 1330 1 8 0 0 8 $0.00 $0.00 $0.00 $453.53 $0.00 $0.00 $0.00 $782.71 $1,236.24 court house-ithaca town hall 934 1 8 0 0 8 $0.00 $0.00 $0.00 $318.49 $0.00 $0.001 $0.001 $549.66 $868.15 court house-t.c.library old 1717 1 8 0 0 8 $0.00 $0.00 $0.00 $585.50 $0.00 $0.00 so-001 $1,010.45 $1,595.95 t.c.6b old-sp14 1023 1 8 0 0 8 $0.00 $0.00 $0.00 $348.84 $0.00 $0.00 $0.00 $602.04 $950.88 s 144thaca city school dist.maint. 14501 1 8 0 0 8 $0.00 $0.00 $0.00 $494.45 $0.00 $0.00 $0.00 $853.33 $1,347.78 s 14 rester Ithaca act.center 5071 1 8 0 0 8 $0.00 $0.00 $0.00 $172.89 $0.00 $0.00 $0.00 $298.37 $471.26 sp`14-bevedy'martin school 689 1 8 0 01 8 $0.00 $0.00 $0.00 $234.95 $0.00 $0.00 $0.00 $405.48 $640.43 ire central-humamservices 580 1 8 0 0 8 $0.00 $0.00 $0.00 $197.78 $0.00 $0.00 $0.00 $341.33 $539.11 01 0 01 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $119,373.09 $117,146.81 $236,519.90 ti ` Key to the Time Warner Cable I-Net: 1 . Alternative Community School 2. Fire Central 3. GIAC (Greater Ithaca Activities Center) 4. Tompkins County Library 5. Courthouse 6. City Hall 7. Police Department 8. Ithaca College (Park Communications Building) 9. 4W Bus Garage 16#-T 10. Ithaca High School 11 . Ithaca High School (Board of Education) 12. Cornell University (McFaddin Hall) 13. Boynton Middle School 14. Ithaca Youth Bureau 15. Ithaca Streets & Facilities 16. Ithaca Water & Sewer 17. Beverly J. Martin School 18. Cooperative Extensions of Tompkins County 19. Fall Creek School 20. Dewitt Middle School 21 . Northeast School 22. Science Center - 23. South Hill School 24. Southside Community Center 25. South Central Library System 26. TST BOCES &44� Please note: Do not confuse the map line on Route 13 with the I-Net. There is no I-Net on Route 13. The I-Net only crosses Route 13 at State Street and Willow Ave. The separate feed to BOCES is a dedicated fiber optic line. r :,, wMPi cFx� 5A Xn ■ � UxxlXt51 ■ xMx�1'W '' V,- r VILLAGE OF LANSIN 1 T• .lis Nxxr s E I" "-aI"AT., ■ow 1 TMx C}V"s. fY`vXI xWY Yw°rY <•t\py, - '. GIHERWEpp� I xv n.lvxxlu Im /ErW x0 4W<9 U , � ,. j•A. ,worms w 13 MdKinneys x ■ rzr. d Point PrY �\_ 1 . * w4x4.1[ M. 4Www�r�� l■r Ow __ � 1 • ��.. - - suEluiZx,dlYll_ „x,,,,,J SW 4F �`. iEpMPYI ` 1"xV VI xAGE OF wlnowj A UGA HEIGHTS 3` ,dPeu Poinl 7feltn 4g`<. - L i � '� F il� Brook s L0. Eo f 21�d 3, k SmuGE IA TEus �s,'.s"P1 -- na IS � ���I �•� ■ -.- �R 1� �� �I � u �. N` tlBL1I1w00p \ oo, cayoga 1 ,v ', v� � III xEl�(waoYsl� F° Heights w< EE \t 13 JLRenw X14 iP vm r lrrr m.r ss= uA.rre.x ■ y y�s°"° - . r �I �"ry Northeast Ithaca usgfl, 1 ga`'m ALLAN N.TREM -1 PEYMwYa1 ,'$ 1' 4T 1 II s EPI;. I C■*,CbY STATE MARINE \ lI* D,ifs / �, )s'` eai j r■w ._ PARl K / d qnw-\a'� 1 •\ Jt �' �� -cw?� tsY��"r,. V 1— ■I: � U. 13 \� r \ to�kia a _IWFAMSs�-_- ¢F''<o \ Q .:.. - -.■YxN°�r°°t4r _� L 10 - l t �::i r 3 r`4`. 'sss=" runrrYr uwnni[v -. _.-.. v _ ' TYrr ■ PrY � � - - - CARRELL,, ANTATION $., I _ ou I � �■�+■tie+. \.� 1i 'f '- 3vcw s1 I ENw x /-� 11A J ITiEpx,� e r MY OF 3ee THACA \ / T 141% 0 ' 1 \5 `,\ AS MA uAL J3L_ 1 Y�.■ ELI IIS ■.IAL - 1r,4 � Nw LOOR G I - txnrl i � Creek " N GIXENXE 366 iti _Ir■eM11 st I EPwnww �-Lxw/rYXrIP ST ` ^ \ fa■\ N■ e j� s vv N w sl. soulx /K - _ �i� •. 5 � I [xb�l/ ay ST f rr 6r 1411 < i ay - t Ys�l_ vE, Ixiiaw[ ...t ryw dµ i !IOYE$Ex0 7 ._ I'! J \,Cxl.vE ,. °I' N rr I ..::X:r EP YIGEO aH SSL li 3eYr. ! 5 Vit' iEP to --_. E ■ -/��.`, / P` PARR.�� '.� ■ GIMNUV,Ifx� � � .. .lryn_ l Y �� SIF �:�<r EwwYn...w sIN cr �E<■ `` __ —____ ��"W'•T 4 y � xJxP°1n CwP x� _ _ � ♦ 1 PwY _ r s J How.., ry1 IIYIY � R j 34 13 96 Im M�`-�' I i E��7^aa, r■ 0 ,.� � �`.P .._ � �u w � Q g OS� ..b� 79 �R�iYN��AwCrA�" 4;?• 4 'tit, r pT sY�iET,Mtii / 1 r 'u.i.. Z9" ,➢o 'yJ" SL, BUTTERMILK FAL - P■E STATE PARK --1'1 C ."'' p .. It aca 'bEr,■EowwY°.1. IM � F UG & Bid Entries Site ID U/G Footage Bid. Footage Road Bore Ft. Ithaca College (Park Comm. Bldg) 0 0 0 South Hill Elementary School 0 0 0 ,Tompkins Co. Fire / EMS 0 0 0 Ithaca Police Dept. 0 0 0 City Hall 0 0 0 Tompkins Co. Libra new 0 0 0 Ithaca Town Hall 0 0 0 Court House 0 0 0 Fire Central 0 0 0 South Side Community Center 0 0 0 Human Services Building 0 0 0 Beverly J. Martin School 0 0 0 Greater Ithaca Activities Center 0 0 0 Ithaca City School Dist. Maint. 0 0 0 Cornell U McFadden Hall 0 0 0 Fall Creek School 0 0 0 Ithaca Police North Side 0 0 0 Sceince Center 0 0 0 Ithaca Water& Sewer 0 0 0 Waste Water Treatment Plant 0 0 0 C.U. Cooperative Extensions 0 0 0 City Bus Garage 0 0 0 Ithaca Streets & Facilities 0 0 0 Ithaca Youth Bureau 0 0 0 Ithaca High School / board of ed. 0 0 0 Cayuga Heights School 0 0 0 TST BOCES 0 0 0 Dewitt Middle School 0 0 0 Northeast School 0 0 0 Public Safety 0 0 0 Airport Terminal 0 0 0 Ithaca Fire Dept. Station 5 0 0 0 County Mental Health Building 0 0 0 Tompkins Co. Libra old 0 0 0 South Central Library System 0 0 0 T.W.C. 0 0 0 0 0 0 ADDITIONAL SITES 0 0 0 Boynton Middle School 0 0 0 Alternative Community School 0 0 0 Water Treament Facility 0 0 0 IFD Station 9 0 0 0 Belle Sherman School 0 0 0 IFD Station 6 01 0 0 Fire training Pier Rd 01 0 0 UG & Bid Entries 42 Locations Qty Unit Price Equip. Price WDC 001 Fiber Splice Center 1 203 203 M67-068 splice tray 1 25 25 FDC_CPIP_38 (SCA) 1 50 50 SCAPC 5 meter Jumpers 2 28 56 Opti Guard 25 0.32 8 Hardware Cost 1 20 20 Labor (Pull Fiber thru Bid) 1 1000 1000 Labor ( fiber splicing) 4 63 252 Total Cost Per Site 1614 Unit Price Total U/G Footage 0 3.75 $ - Total Road Bore Footage 0 27 $ - Siecor MDS shelfs for ITH 0 1725 $ - Labor Fiber splicing (outside plant/H.E.) 352 63 $ 22,176.00 Total Cost per site 1614 42 $ 67,788.00 Delash - Relash Cost 149295 0.55 $ 82,112.25 Splicing = 42 locations @ 4hrs ea. 1 7- End to End testing 40hrs Documentation 80hrs Project RoAup Ithaca I-Net Extentions Total for Fiber Excluding Lasers $ 236,519.90 Total U/G/Building entries Cost $ 630,000.00 Labor Documentation/Fiber splicing $ 22,176.00 Total Cost Materials&Labor for Sites $ 67,788.00 Delash -Relash Cost $ 82,112.25 Total Project (Fiber) $ 1,038,596.15 Note: Diverse Routes to Fire Central and City Hall are based on using the city conduit system on Green St. Ithaca Streets & Facilities was listed as a OC 12 site with diverse entries. This site is in a location that does not allow us to provide diverse entries. See Map. Prepared by TIME WARNER CABLE 11/13/00 Page 1 OC-12 Redundant Sites Catalyst 8510 MSR with 1 SM IR,3 MM and 4 T1 Circuit Emulated interfaces for PBX connectivity.The Catalys 2924M-XL will connect to one of the OC-3 MultiMode ports. Product Description Quantity Price Extended C851OMSR-SKIT-AC C8510 MSR Starter Kit with AC Power 1 18,000.00 S 18,000.00 C8510-PWR-AC/2 Catalyst 8510 Redundant AC Power Supply 1 1,250.00 S 1,250.00 CAB-7KAC AC Power Cord North America 2 0 S - S851R2-12.0.4W C8510 ATM Software 1 2,500.00 S 2,500.00 WATM-CAM-2P LightStream 1010/C5500 Carrier Module(installed) 1 600 S 600.00 0C-12 Laser OC-12 Laser 2 8,950.00 S 17,900.00 WAI-TIC-4RJ48 4 Port Tt circuit emulation RJ-48 PAM 1 4,950 GO S 4,950.00 WS-C2924M-XL-EN 24-port 10/100 Switch w/Two Module Slots(Enterprise Edition 1 $2,495 $ 2,495.00 WS-X2961-XL Catalyst 2900 XL Series ATM 155 Multimode Fiber Module 1 53,495 $ 3,495.00 1 For 10 sites S 51,190.00 S 511,900.00 Remote Site Configuration Catalyst 8510 MSR with 1 SM IR,3 MM and 4 Tt Circuit Emulated interfaces for PBX connectivity.The Catalys 2924M-XL will connect to one of the OC-3 MultiMode ports. Product Description Quantity Price Extended C851 OMSR-SKIT-AC C8510 MSR Starter Kit with AC Power 1 18,000.00 $ 18,000.00 C8510-PWR-AC/2 Catalyst 8510 Redundant AC Power Supply 1 1,250.00 S 1,250.00 CAB-7KAC AC Power Cord North America 2 0 $ S851 R2-12.0.4W C8510 ATM Software 1 2,500.00 S 2,500.00 WATM-CAM-2P LightStream 1010IC5500 Carrier Module(installed) 1 600 $ 600.00 WAI.003-1S3M 0C-3c/STM-1 Mix PAM,1-port SMF-IR+3-port MMF 1 4,100.00 $ 4,100.00 WAI-T1 C-4RJ48 4 Port T1 circuit emulation RJ-48 PAM 1 4,950.00 S 4,950.00 WS-C2924M-XL-EN 24-port 10/100 Switch w/Two Module Slots(Enterprise Edition 1 $2,495 $ 2,495.00 WS-X2961-XL Catalyst 2900 XL Series ATM 155 Muftimode Fiber Module 1 $3,495 $ 3,495.00 For 32 Sites $ 37,390.00 $ 1,196,480.00 OR... If high speed Ethernet is all that is required........ Remote ATM /Ethernet Option WS-C2924M-XL-EN 24-port 10/100 Switch w/Two Module Slots(Enterprise Edition 1 $2,495 $ 2,495.00 For 32 sites WS-X2961-XL Catalyst 2900 XL Series ATM 155 Multimcde Fiber Module 2 $3,495 S 6,990.00 $ 223,660.00 f ITHACA AREA CABLE CONSORTIUM,NY INFORMAL CABLE RENEWAL NEGOTIATIONS CONSORTIUM SETTLEMENT PROPOSAL ON MAJOR OUTSTANDING ISSUES* DECEMBER 18, 2000 (Revised) ISSUES Line Extension (See Draft Franchise) • Service to All Residents - Cable service to all residences in Village of Lansing, Village of Trumansburg, Village of Dryden, Village of Cayuga Heights, West Groton, the Village of Freeville, and the City of Ithaca. • Line Extension - Cable service to all residences with a minimum density of 15 dwelling units per mile with a line extension policy for lower density areas with cost contribution for the Town of Ithaca, Town of Caroline, Town of Groton, Town of Lansing, and the Town of Ulysses. Maps of each municipality with density designated provided to Time Warner. Technical Issues (See Draft Franchise) 1. State-of-the-Art- State-of-the-Art trigger as in the draft Franchise. 2. Manuals - Time Warner to provide to requesting Municipalities and to comply with construction manuals that many be updated over time in compliance with good engineering practices and industry standards. 3. Interconnection - Company to interconnect with Enfield and Courtland. [* Other issues may arise as comments are received on the Ordinance and Franchise.] Page 1 Institutional Network • Network-Construction of the fiber optic institutional network, as previously discussed,to all primary and secondary sites selected based on cost estimates. Estimated Cost for Downtown Network: $ 360,000 (To be discussed) Estimated Cost for Long Distance Sites: $ 770,000 ($170,000 for TC 3, $150,000 x 4 sites) Total Estimated for I-net: $1,130,000 Time Warner Grant: $ 770,000 Funds Provided by Participating Institutions: $ 260,000 Funds to be Provided by Pass Through*: $ 100,000 [Note: Building entry to be discussed.] • Internet - Free Roadrunner service (or equivalent) and modems for all secondary sites on MAN list and bandwidth for video arraignment and other governmental and educational purposes from Consortium Admin buildings not on the I-net. (Using new CODEC equipment.) Time Warner Grant • Edge equipment- Estimated Cost: $450,000 For City $108,000 For County $160,000 for Network (est. $20,000 for 8 sites) Time Warner: $610,000 Participating Institutions: $108,000 Interconnection with Subscriber Network - For access programming delivery to the subscriber network. Time Warner Grant Network Expansion of the I-net- To expand network to additional sites in the future At cost of participating Institutions Time Warner to provide construction at cost or entity can construct or have extensions constructed [* City to continue line item pass through and other municipalities to increase franchise fee to S% and take funds from franchise fee.] Page 2 Network Use- Use of I-net for useful life of network; connection to any network; no resell to commercial establishments (e.g. non-commercial example;; lease to schools); repair of network by Time Warner at no cost to participating institutions ACCESS • Equipment and Facilities - Replacement: $1,000,000 (To be provided in equal annual increments). New: $ 200,000 Time Warner Grant: $ 0 Funds to be Provided through Pass Through: $1,200,000 • Studio Access Services - Continued operation of access studio and facility Time Warner Estimated Cost: $1,300,000 Time Warner Grant: $1,300,000 • Government Meeting Coverage-Continued coverage of City meetings and new coverage of some Village and Town meetings. • Channels-The same access channels as required in the RFRP:No less than nine(9)access channels for government, education, and public access with the Consortium franchising authorities designating the type of access to be provided on each channel;no less than six(6) audio channels for cable radio; access channels to be available to all subscribers upon the request of Consortium franchising authorities,including those in multi-family dwelling units (unless otherwise agreed to by the Company and Consortium franchising authorities);. up to five percent (5%) of digital channel capacity or equal HDTV capacity shall be reserved for future access use; the Consortium expects to request the activation of an additional government and educational access channel. • Closed-circuit programming - Converter to free drop sites that need it and scrambling services. Time Warner Grant Page 3 REGULATION • Annual Audit-An annual independent audit to be provided by Time Warner solely for the Municipalities with individualized breakouts. • Reimbursement of Renewal Expenses - Time Warner to reimburse Consortium costs. • Grants - Grants or services provided by Time Warner would not additionally be passed through to subscribers. • Interest- Time Warner would not charge interest on participating insitutions. • Term -The term of the franchise would be ten (10) years. Consortium Proposal 10 Yr. Totals TW Grant Part. In. Pass Throup-h I-Net $1,130,000 $ 770,000 $260,000 $ 100,000 Edge Equip. $ 610,000 (not complete) $ 610,000 $108,000 Access Equip. $1,200,000 $1,200,000 Services $1,300,000 $1,300,000 Total $4,240,000 $2,680,000 $368,000 $1,300,000 Page 4 CITY OF ITHACA 108 East Green Street Ithaca,New York 14850-5690 OFFICE OF THE MAYOR • ALAN J.COHEN O q~ti.... Nf`V 1�.�0 Telephone: 607/274-6501 Fax: 607/274-6526 December 19, 2000 Mr. Tom Doheny, General Manager Time Warner Cable 519 West State Ithaca NY 14850 Dear Mr. Doheny: This letter is regarding an extension of the informal negotiations between Time Warner Cable and the Ithaca Area Cable Consortium. Time Warner and the Consortium agreed, at its negotiating meeting on December 18, 2000, that an additional two (2) months should be sufficient to develop an agreement regarding refranchising. This letter confirms that both parties desire and are in agreement with the proposed extension. Neither the Consortium nor Time Warner Cable waive any right to the formal franchise renewal process under Section 626 of the Cable Act during the time that the parties are engaged in the informal renewal negotiations. The parties hereby agree that the formal renewal procedures under Section 626 will be suspended until March 1, 2001. Prior to that time, either the Franchisor or Time Warner Cable may reactivate the formal renewal proceedings at any time upon written notice to the other. If this letter accurately reflects our understanding, please sign one of the copies and return to the City Attorney's Office. PJCohen, Mayor, City of Ithaca Tom Doheny, General Manag , Time Warner Cable "An Equal Opportunity Employer with an Affirmative Action Program" �F�