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GRANTEE'S OWNERSHIP INFORMATION
GRANTEE COMMITMENT TO
PEG ACCESS FACILITIES AND EQUIPMENT
1. PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS CHANNELS
Grantee shall make up to two (2) video Channels available exclusively for PEG use ("PEG Channels"). Initially one (1) Channel shall be provided by Grantee for public, educational and governmental use. One (1) PEG Channel shall at all times be located on Channel 8 throughout the term of the Franchise, unless prohibited by Applicable Law. Grantee shall make available one (1) additional Channel for PEG use upon ninety (90) days advance written notice from the City. The PEG Channels shall be dedicated for PEG use for the term of the Franchise Agreement, provided that Grantee may utilize any portions of the PEG Channels not scheduled for PEG use. City and Grantee shall establish rules and procedures for such scheduling in accordance with Section 611 of the Cable Act (47 U.S.C. § 531).
City may not request additional Channel capacity beyond the two (2) Channels for PEG use except in accordance with applicable State laws. City shall be responsible for all programming requirements, including but not limited to scheduling, playback, training, staffing, copyright clearances, and equipment, maintenance and repair.
2. PEG OPERATIONS
City may, in its sole discretion, negotiate agreements with neighboring jurisdictions served by the same Cable System, educational institutions or others to share the expenses of supporting the PEG Channels. City and Grantee may negotiate an agreement for management of PEG facilities, if so desired by both parties.
3. TITLE TO PEG EQUIPMENT
City shall retain title to all PEG equipment and facilities purchased or otherwise acquired by City.
4. RELOCATION OF PEG CHANNELS
Grantee shall not relocate any PEG access Channel to a different Channel number unless specifically required by Applicable Laws or unless otherwise agreed to in writing by City. Grantee shall provide City and all Subscribers with at least sixty (60) days prior written notice of any legally required relocation. In the event any PEG access channel(s) is relocated, Grantee shall reimburse City up to Five Thousand Dollars ($5,000.00) for all costs associated with such move including change of letterhead, promotion of new channel location and promotional spots for the new location and inform Subscribers of the new channel location through bill inserts and newspaper advertisements.
5. ACCESS OPERATING SUPPORT
Grantee shall provide City with a capital grant of Twenty-five Thousand Dollars ($25,000), on or before May 31, 2003. Grantee shall also collect, upon written request by City allowing ninety (90) days advance notice, on behalf of City a per Subscriber fee of up to thirty- five cents (35¢) per month in years one (1) through five (5) of the Franchise; seventy-five (75¢) per month in years six (6) through ten (10) of the Franchise; and one dollar ($1.00) per month in years eleven (11) through fifteen (15) of the Franchise, solely to fund public, educational and governmental access related expenditures (hereinafter "Access Fee"). Any increase in the per month fee by City shall occur upon approval of the City Council and upon ninety (90) days' advance written notice to Grantee. Any and all payments by Grantee to City in support of PEG access programming shall not be deemed "Franchise Fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. Section 542).
6. TWO-WAY SERVICE TO PUBLIC BUILDINGS
Grantee shall provide a two-way connection to the Channel 8 Studio, City Hall, Fine Arts Center and High School to facilitate the exchange of programming, including live cablecast programming from those buildings on the Grantee's Cable System and the Grantor's network. Grantee shall further provide, free of charge, all necessary interface equipment (modulator/demodulator) at the agreed-upon point of interconnection to allow the City to cablecast programming to Grantee's headend for cablecast on Grantee's Cable System.
7. DROPS TO DESIGNATED BUILDINGS
a. Grantee shall provide free of charge throughout the term of this Franchise, Installation of one (1) network Drop, one (1) cable outlet, and one (1) Converter, if necessary, and the Basic Service Tier and cable programming services tier (a/k/a expanded basic) excluding pay-per-view, pay-per-channel (premium) programming, high-speed data services (unless considered a "cable service") without charge to the institutions identified in Exhibit B-1, and such other public institutions subsequently designated by City as determined in City's sole discretion. This requirement shall not include any digital tier of services Grantee may offer unless and until such time as Grantee's digital programming reduces the amount of spectrum available for analog programming to less than approximately sixty (60) Channels of analog programming. Grantee shall be responsible for the costs of extension to subsequently designated institutions for the first three hundred (300) feet as measured from Grantee's nearest active plant. The institution shall pay the net additional Drop or extension costs beyond the three hundred (300) feet.
b. Additional Subscriber network Drops and/or outlets in any of the locations identified on Exhibit B-1 will be installed by Grantee at the lowest actual cost of Grantee's time and material. Alternatively, said institutions may add outlets at their own expense, as long as such Installation meets Grantees standards and approval which shall not be unreasonably withheld. Grantee shall have three (3) months from the date of City designation of additional accredited schools or public institutions or relocations to complete construction of the Drop and the outlet unless weather or other conditions beyond the control of Grantee requires more time.
SERVICE TO PUBLIC AND PRIVATE BUILDINGS
1. City Hall
2. Channel 8 Studio
3. Community Center
5. Police Department
6. Fire Department
7. All K-12 state accredited public and private schools
8. Fine Arts Center
*To facilitate live programming from any one location at a given time.
1. Channel 8
2. City Hall
3. Fine Arts Center
4. High School
DESCRIPTION OF SYSTEM
1. The Cable System shall be designed, constructed, routinely inspected, and maintained to guaranty the Cable System meets or exceeds the requirements of the most current editions of the National Electrical Code (NFPA 70) and the National Electrical Safety Code (ANSI C2).
2. General Requirements. Grantee shall use equipment used in high quality, reliable modern Cable Systems of similar design. Within ninety (90) days after the effective date, Grantee shall provide to the City a plan for construction of the System indicating, at least, a general overview of the construction schedule.
3. General Description. The Cable System shall provide Subscribers with a technically advanced and reliable Cable System. The System shall operate with 750 MHz of bandwidth, capable of delivering a minimum of 78 channels of programming. The System will be two-way active, and it will have a return capacity of 42 MHz. The design will provide the benefits of proven 78 Channel electronics while positioning the System for expansion of bandwidth and Channel capacity as technology and future services develop.
4. Design. The design of the System shall be an analog system and shall be capable of utilizing 78 channels of analog bandwidth. The system shall have the option of delivering all channels above the basic service in a digital format and that may require customers to utilize a digital customer terminal. There shall be no more than six (6) active amplifiers in a cascade from the headend to the residential dwelling. The incorporation of stand-by power supplies, strategically placed throughout the system, will further reduce the likelihood of service interruptions. The system will be designed in such a manner so that it is capable of delivering advanced services, such as high- speed Internet service and digital pay-per-view.
5. Technical Specifications. The System shall meet or exceed FCC requirements. In no event shall the System fall below the following standards:
a. The System shall be capable of meeting the following distortion parameters:
1. Carrier to RMS Noise 48 dB
2. Carrier to Second Order 53 dB
3. Carrier to Cross Modulation 51 dB
4. Carrier to Composite Triple Beat 53 dB
b. The frequency response of a single Channel as measured across any 6 MHz analog Channel shall not exceed +/ 2 dB.
c. The frequency response of the entire passband shall not exceed N/10+ 2 dB for the entire System where N is the number of amplifiers in cascade;
d. The System shall be designed such that at a minimum all technical specifications of this Franchise Agreement are met.
e. The System shall be designed such that no noticeable degradation in signal quality will appear at the Subscriber terminal.
FRANCHISE FEE PAYMENT WORKSHEET
5% FRANCHISE FEE
5% FRANCHISE FEE
Basic Cable Service
Pay Service Channel
Home Shopping Revenue
Franchise Fee Revenue
Other – Revenue
REVENUE SOURCES INCLUDE:
Commonly occurring normal Installation
Installation on additional sets within a Subscriber's home
Separate Installation of FM Service
Installation of Converter to a VCR
Reconnection of Service
Reconnection of cable to a Subscriber's address
Separate Installation of an A/B Switch
Moving an outlet within a Subscriber's home
Usually Installation of a commercial type of an account
Change of Service
Charge for upgrading or switching a premium service
Revenue derived from Basic Service
Revenue derived from non-standard billings (i.e., apt. complex)
Reduced Promotional Basic
Revenue derived from a discounted basic service
Revenue derived from pay-per-view movies
Revenue derived from special events (i.e., concerts, boxing matches, etc.)
Revenue generated locally, regionally or nationally
Revenue generated from the production of a locally produced commercial
Revenue generated from the production of training tapes, studio rentals, personnel fees, or rental income from renting vans or equipment
Revenue generated from duplication of L.O. or access tapes
Revenue generated as a result of providing a bill stuffer to an advertiser
Returned Check Fees
Revenue generated from charges on returned checks
Pre-wired Cable Purchases
Revenue generated from the sale of Cable Service to Subscribers who pre-wire their home
Any revenue derived from renting space on towers
Revenue generated from sale of an A/B Switch
Revenue generated from receiving a late fee
DOES NOT INCLUDE:
Revenues from the Department of Transportation or other government entities for mandatory relocations of Cable System. Revenue from employee reimbursements for cash advances.
Verified and submitted this day of , 2002.
(Ord. 827, 8-5-2002, eff. 8-26-2002)