HomeMy WebLinkAboutItem 5.2 Cable TV Franchise Negotiations (2) 1050,130
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 14, 1985
SUBJECT Cable Television Refranchise Negotiations '
EXHIBITS ATTACHED Letter from Lee Horner dated December 25, 1954 and
attachments ; Cable Television Model Franchise
Agreement
RECOMMENDATION Open public hearing ; receive report from Cable
�`!�J�"' Television Committee ; receive public testimony; lose
public hearing; establish list of priorities for Cable
Television Franchise Agreement to be taken back to
Joint City Negotiating Committee
FINANCIAL STATEMENT: None at this time
DESCRIPTION The Cities of Dublin , Livermore , Pleasanton and San
Ramon are in the process of developing a negotiations strategy for, the cable
television ref ranchise agreement negotiations with Viacom Cablevision. The
Cities of Livermore and San Ramon have developed their list of priorities
for inclusion in the franchise agreement negotiations ( see attached) .
The members of the negotiating committee agreed to have their respective
Cities develop a list of priorities for the renegotiation of the cable
television franchise prior to the end of January, 1955 . It is anticipated
that the negotiations committee members will be meeting at the end of
January to hammer out a list that can accommodate each City ' s concerns .
In order to assist the City Council in identifying those priorities for the
City of Dublin which should be included as part of the cable television
refranchise negotiations , Cm. Hegarty and the City Manager have met with the
City of Dublin' s representatives to the Citizen' s Cable TV Advisory
Committee which include Ed Chase and Claudia McCormick; and has published a
public hearing notice in the local paper to solicit input from residents
with respect to cable television.
As a result of the meeting with the City' s representatives to the Cable TV
Committee , the following list of items were developed for City Council
consideration:
1 . Residential cable service include a minimum of 54 channels + Fol.
2 . Inclusion of ESPN (Sports Network) as part of the basic cable television
service level .
3 . Cities be given a franchise fee of 5% of gross revenues for all pay tv
services .
4 . The provision of a cable drop and modulator (if necessary) at the fol-
lowing public buildings : a . City Offices
b . Police Station
c . Dublin San Ramon Services District Olsices
d . Shannon Community Center
e . Dublin Library
f . Local Junior Colleges
5 . Cable television local access groups should have the availability of a
fully equipped mobile van and the priority of use .
b . i'he operator should make additional Viacom staff time available for the
purpose of training individuals interested in the operation , care of
equipment , and production of programs for local access , at no charge .
7. The existing local access studio in the City of Pleasanton should be up-
graded in order to improve local access progr•arnming .
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COPIES `1'O : Claudia i-icCormick
Ed Chase
10 • [Michel Dittrich, Viacom
AGENDA STATEMENT: Cable TV Franchise Renegotiations
Page 2
8 . One educational channel should be provided for all elementary and
secondary schools . An additional educational channel should be provided
for all local junior colleges .
9 . The operator shall provide two-way interactive channels for public
services at such time that the cable operator is providing interactive
channels for commercial services to at least lvo of its subscribers .
In addition to the items above , the Dublin San Ramon Services District nas
requested that the cable operator provide two live insertion points . One
insertion point would be at the District ' s Fire Training Center and the
other insertion point would be at the District ' s Administrative Offices .
The District has also requested one two-way interactive system for fire
alarms .
The Librarians from the various Libraries in each jurisdiction have also
submitted a list of priorities for consideration in the negotiation of the
franchise agreement .
It is Staff ' s recommendation that the City Council receive the report from
the Cable Television Advisory Committee and receive input from the public
regarding those issues which should be addressed as part of the cable
television refranchise negotiations . Upon compiling a list of priorities it
is further recommended that the City Council direct the City' s negotiating
team members , Vice Mayor Hegarty and City Manager Ambrose to forward those
concerns to the joint negotiating committee .
AOMINISTRAT�CN BUILDI';Ncl
Nvcmue
_:verrnc!e, C.4
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December 26) 1984
RECEIVED
DEC
CITY OF DUBLIN
Mr. Carl Pilnick
President
Telecommunications Management Corporation
5757 Wilshire Boulevard Suite 359
Los Angeles , CA 90036
Dear Carl :
I have received a copy of the Draft Franchise Agreement and the
Draft Regulatory Ordinance from your office. I will see that both of
these documents are distributed to the other three cities.
I am enclosing for your review the following documents:
1 . A "wish list" from the City of San Ramon that details the
provisions that they would like to see incorporated into
a franchise agreement .
2 . A "wish list" that has been developed by the librarians in
our area that details their cable needs for the future.
The City of Livermore ' s cable subcommittee also met and
developed a "wish list" of our own , which includes the following:
1. The local access group should have the availability of a fully-
equipped mobile van and priority of use.
2. The studio at Livermore High School should be reactivated as
a live insertion point . There should also be a live insertion
point at the Livermore Library. Both insertion points should
be able to reach entire system--or as an option , to reach
Livermore residents now and go system-wide at a later date .
-four (54) subscriber channels , including four channels
1 3. Fift y
of two-way capability. There should be one system-wide
public service channel , one system wide two-way channel , and
three local two-way channels.
4. The operator:. should provide a cable drop and modulator (if
necessary) at designated public buildings.
5. The operator should provide one separate channel for Chabot
College , plus a modulator , if necessary.
6 The operator should provide a character generator for the
Livermore hub.
-A
4
,vi
Mr. Carl Pilnick
Telecommunications
•.' Management Corporation
Los Angeles , CA 90036
We have not had the opportunity to review the Draft
Proposal of the Franchise Agreement , but , as soon as we are ready
for another meeting with you, I will be in conta/ct . It will probably
be sometime in mid-January.
'Sincerely,
LEE HORNER
City Manager
LH/cm
cc: Jim Walker, City Manager, Pleasanton
Richard Ambrose, City Manager, Dublin
Jim Robinson , City Manager , San Ramon
T =To: - Charlotte Severi n
Citizens' Advisory Committee on Cable Television
From: Julia Casamajor
Re: Library priorities for the refranchise agreement
December 19, 1984
This list was developed through conversations with Sarah C. Gray,
Director of the Livermore Public Library; with Eleanor Crary, Deputy
County Librarian, Alameda County; and with Esther Helfand, Assistant
County Librarian, Contra Costa County.
i
1. As libraries are communication centers, they must be mentioned
specifically in any sections of the refranchise dealing with
either government agencies or educational institutions.
Rationale: This reflects the reality of libraries' role
as governmental and educational entities. This insures
that libraries may be included in future institutional networks.
2. Each public library in the franchise area is to have a cable drop
and free base-line service including prompt maintenance.
Rationale: Pleasanton and Dublin do not have cable drops in
their county branches. Livermore has had difficulty in getting
their drop maintained.
3. Provision should be made for a fully interactive cable connection
in each library when this service has been provided to 10,) of the
subscribers in the franchise area.
Rationale: Interactive connections would enable home users to
interact with libraries in the same way they may with banks
and other automated systems. This aspect of service could be
a selling point for the cable company.
4. Provision should be made for fully interactive institutional
loops linking the libraries of each jurisdiction for both data
and video transmission.
Rationale: Increasing telecommunication costs may make cable
transmission of automated cataloging and circulation data an
economically feasible alternative in the future. We would
prefer that these loops be installed at cost. If necessary,
we would tie this to a trigger, such as the 10;5 figure men-
' tioned above, to be decided by the negotiating team.
5. Provision should be made for fully interactive institutional
loop linking libraries of all jurisdictions with data and video _
transmission should future regional cooperation require that option.
Rationale: Cooperative projects among county, city, school
and college libraries are presently in the discussion stage.
However, as more facilities automate, such cooperation may
become feasible within the contract life and we would like
to insure the option for reduced telecommunication costs if
possible.
cc: Lee Horner
Sallie Gray
Eleanor Crary
Esther Helfand
CITY OF SAN RAMON
t ' REQUIREMENTS FOR C.A.T.V. FRANCHISE RENEGOTIATIONS
1. Residential cable - 54 channel minimum + FM, with two-way
interactive capability, to be activated upon request of the
City.
2 . Separate institutional network, with at least 15 channels,
10 dowstream, 5 upstream. Use of these channels to be
coordinated by the City and the cable company.
3 . Institutional network should include home interactive services
and emergency alert capability -- timing to be negotiated.
4 . A fully-equipped studio, available for public , educational and
governmental access use to be located in San Ramon. A specific
equipment list for taping, recording and editing functions will
be included as part of the franchise agreement. This equipment
will be periodically replaced in order to keep facilities
up-to-date. Equipment will be maintained by the cable company.
The cable company will also have studio staffed by at least one
full-time person to provide training and assistance to the. public .
The cable, company will provide a specified amount of training to
the public, free of charge, on the operation and care of the
equipment and the production of programs .
All training and equipment use for public access will be free
of charge.
5 . Ten percent of residential capacity and 20 percent of institutional
capacity will be dedicated to public access .
6 . One educational channel for use by Chabot and Diablo Valley College ,
San Ramon Campus , with equipment and assistance with technical
issues, training and operation and maintenance of equipment.
7 . One channel, specifically for San Ramon, to be shared by govern-
ment access, public access and emergency access .
8 . Capability of interconnection with all contiguous systems
(specifically Televents) to .allow for 2-way interactive communi-
cation between schools and other public institutions .
9 . All currently incorporated areas of the City will be included as
the service area in the franchise agreement. Also, any future
annexations not being served by cable television will be wired
for service within one year of annexation .
10 . All public building installations of both residential and
institutional cable service shall be made free of charge . All
services to public buildings (except pay services) shall be free
of charge .
11 . All customer complaints shall be responded to within 24 hours .
ADMINISTRATION BUILDING
1052 South Livermore Avenue
Livermore, CA 94550
(415) 449-4000
Date: December 27 , 1-984
To: Cable Television Negotiating Team
Marshall Kamena, Councilmember , Livermore
Jim `talker , City Manager , Pleasanton
Frank Brandes , Councilmember , Pleasanton
Richard Ambrose, City Manager, Dublin
Pete Hegarty , Councilmember , Dublin
James Robinson , City Manager, San Ramon
Diane Schinnerer , Councilmember , San Ramon
From: Lee Horner , City Manager, Livermore
I have enclosed a copy of a model Franchise Agreement that has been
prepared by Carl Pilnick. This Agreelent was prepared by Mr. Pilnick
prior to receiving any input from the cities on their own individual
franchise provision desires. To dn.te , Mr. Pilnick has received input
from the Cities of Livermore and San Ramon . Please try to review the
Agreement before our next meeting with Mr. Pilnick , which will probably
be sometime in mid-January 1985.
� DECEIVED
DEC
LH/cm CITY OF DUBUN
Enclosure
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MODEL AGREEMENT
AN AGREEMENT RENEWING A NON-EXCLUSIVE
FRANCHISE TO VIACOM CABLEVISION TO
OPERATE A CABLE TELEVISION SYSTEM IN
THE CITY OF AND SETTING FORTH
CONDITIONS ACCOMPANYING THE RENEWAL OF
THE FRANCHISE.
TABLE OF CONTENTS
Page
SECTION 1: GRANT OF FRANCHISE RENEWAL . • . . . . . . . . 2
SECTION 2 : DEFINITIONS . . . . . . . . . . . . . . . . . . 4
SECTION 3: GENERAL REQUIREMENTS . . . . . . . . . . . . . 5
SECTION 4 : CONSTRUCTION AND SERVICE REQUIREMENTS . . . . . 8
SECTION 5: SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS 10
SECTION 6 : SERVICES AND PROGRAMMING . . . . . . . . . . . 15
SECTION 7 : SUPPORT FOR LOCAL CABLE USAGE . . . . . . . . . 16
SECTION 8 : RATES AND CHARGES . . . . . . . . . . . . . . . 18
SECTION 9 : PURCHASING, TRAINING AND HIRING REQUIREMENTS . 19
SECTION 10: REGULATION . . . . . . . . . . . . . . . . . . 21
SECTION 11 : SEPARABILITY . . . . . . . . . . . . . . . . . 23
SECTION 12 : FORCE MAJEURE; GRANTEE'S INABILITY TO PERFO-PdM. 24
SECTION 13: HOLD HARMLESS . . . . . . . . . . . . . . . . . 25
EXHIBIT A: CONSTRUCTION AND SERVICE SCHEDULE
EXHIBIT B: PLAN FOR PROVISION OF INTERACTIVE
RESIDENTIAL SERVICES
EXHIBIT C: PLAN FOR PROVISION OF INSTITUTIONAL SERVICES
EXHIBIT D:. PROGRAMMING, SERVICES AND TIER STRUCTURE
EXHIBIT E: INITIAL RATES AND CHARGES
EXHIBIT F: FREE PUBLIC BUILDING INSTALLATIONS
EXHIBIT G: SCHEDULE OF GRANTEE COMMITMENTS
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A G R E E M E N T
THIS AGREEMENT, made and entered into this day of
at
by and between the City of a municipal corporation
of the State of California, ("Grantor" ) , and Viacom Cablevision,
a wholly-owned subsidiary of Viacom International, Inc. , ("Grantee" ) .
W I T N E S S E T H
WHEREAS, the City of pursuant to Ordinance
No. is authorized to grant and/or renew one or more non-
exclusive revocable franchises to operate, construct, maintain and
reconstruct a cable television system within the City; and
WHEREAS, after public hearings, the City has determined that
it is in the best interest of the City and its residents to renew
the franchise previously granted to Viacom Cablevision, 6640
Sierra Lane, Dublin, CA. 94568 .
NOW, THEREFORE, the City (hereinafter also known as the
Grantor) hereby grants to Viacom Cablevision, (hereinafter the
Grantee) a cable television franchise renewal in accordance with
the provisions of Ordinance No. and this Agreement.
2 -
1. GRANT OF FRANCHISE RENEWAL
1. 1 Grant. Viacom Cablevision, a wholly-owned subsidiary
of Viacom International Inc. , a corporation with its principal
place of business located at 1211 Avenue of the Americas, New
York, New -York 10036 , is hereby granted for itself, its successors
and assigns, subject to the terms and conditions of this Agreement
and Ordinance No. the franchise, authority, right and
privilege, for a ( ) year period from and after the
effective date hereof, to operate, maintain and reconstruct a
cable television system within the streets and public ways within
the City of
1. 2 Right of Grantor to Issue Franchise. Grantee acknowl-
edges and accepts the right of Grantor to issue a franchise
and Grantee agrees it shall not now or at any time hereafter
challenge this right in any way or in any City, State or Federal
court.
1. 3 Effective Date of Franchise. The effective date of
the franchise renewal shall be the date of execution of this
Agreement by the Grantor, subject to prior execution by the
Grantee.
1. 4 Duration. The term of the franchise shall be
( ) years from the effective date hereof at which time it shall
expire and be of no force and effect. Renewal shall be in
accordance with applicable law.
1.5 Franchise Not Exclusive . This franchise shall not
be construed as any limitation upon the right of Grantor, through
its proper officers , to grant to other persons or corporations
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rights, privileges or authority similar to or different from
the rights, privileges and authority herein set forth, in the
same or other streets and public ways or public places by -
franchise, permit or otherwise, provided, however, that such
additional grants shall not operate to materially modify, revoke
or terminate any rights granted to Grantee herein.
1. 6 Franchise Acceptance. The Grantee and its parent
company, by executing this Agreement, guarantee performance by
Grantee of all of Grantee ' s obligations hereunder imposed by
Ordinance No. and this Agreement.
4 -
2 . DEFINITIONS
For the purposes of this Agreement, the following words,
terms , phrases , and their derivations shall have the meanings
given herein. When not inconsistent with the context, words
used in the present tense include the future tense, words in
the plural number include the singular number and words in the-
singular number include the plural number. The word "shall"
is always mandatory and not merely directory. The definitions
contained in Ordinance No. are incorporated herein as if
fully set forth.
2 .1 "Agreement" or "Franchise Agreement" means this
agreement and any amendments or renewals thereof.
2 . 2 ."Grantee" means Viacom Cablevision, or any person or
entity who or which suceeds Viacom Cablevision in accordance
with the provisions of this franchise.
2 . 3 "Grantor" or "City" means the City of
or its delegate acting within the scope of its jurisdiction.
2. 4 "Section" means any section, subsection or provision
of this franchise agreement.
2 .5 "System Upgrade Construction" means construction,
expansion -or upgrading of the existing cable television system
in accordance with the provisions of this Agreement.
2 . G "Upgraded Service" means the level of service provided
to subscribers subsequent to the upgrading and/or expansion of
the system.
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3 . GENERAL REQUIREMENTS
3. 1 Governing Requirements . Grantee shall comply with the
requirements of this Agreement and Ordinance No.
3 . 2 Franchise Fee. The Grantee shall pay to the Grantor
an annual franchise fee of five percent (5%) of Gross Annual
Revenues.
3 . 3 Recovery of Franchise Costs .
(a) As provided for in Ordinance No. Grantee,
within sixty (60) days after receipt from Grantor of a written
itemization, shall reimburse Grantor for its reasonable costs
incurred during the franchise renewal process.
(b) As necessary to aid in the analysis of all future
disputed matters relative to the franchise, the Grantor in
cooperation with the Grantee, shall be entitled to employ the
services of technical, financial or legal consultants . All
reasonable fees of the consultants incurred by the Grantor in
this regard shall be equally borne by the Grantee and the
Grantor, regardless of the outcome of any specific dispute under
consideration.
3. 4 Payment to Grantor. No acceptance of any payment
shall be construed as an accord that the amount paid is in fact
the correct amount, nor shall such acceptance of payment be
construed as a release. of any claim that Grantor may have for
further or additional sums payable under the provisions of
this Agreement. All amounts paid shall be subject to audit
and recomputation by the Grantor.
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3. 5 Liability Insurance and Indemnification. Upon
the effective date of the franchise, Grantee shall furnish
proof that satisfactory liability insurance policies are in
force, in the minimum amounts of:
° Worker ' s Compensation -- As required by
the State of California.
° Comprehensive General Liability --
° Comprehensive Automobile Liability --
The liability insurance policies shall be
maintained throughout the duration of this franchise, with a
copy filed with Grantor. The insurance carriers shall be
authorized to do business in California, and subject to
Grantor approval .
3. 6 Security Fund. Within thirty (30) days after the
effective date of the franchise, Grantee shall deposit into a
bank account of Grantor, established by Grantor, and maintain
on deposit throughout the term of this franchise, the sum of
not less than Dollars ($ ) as security.
Of said amount, no less than Dollars
must be in cash; the remainder may be in the form
of an irrevocable letter of credit, the form of which is subject
to the prior approval of the Grantor.
3 . 7 Construction Bond. Within thirty ( 30) days of
the effective date of the franchise, Grantee shall furnish proof
of the posting of a construction bond , which may be a corporate
surety bond, running to the Grantor, in the penal sum of
Dollars ($ ) . The construction bond shall
_ 7 _
be maintained by the Grantee until completion of system upgrade
construction and availability of upgraded service to all residents
of the City.
3 . 8 Performance Bond. Within thirty (30) days of the
effective date of this Agreement, Grantee shall file with Grantor
a performance bond in the amount of
Dollars ($ ) in favor of the Grantor. The performance
bond shall be maintained by the Grantee for the life of the
franchise.
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4 . CONSTRUCTION AND SERVICE REQUIREP4ENTS
4 . 1 General . The Grantee shall meet or exceed all the
material construction and service requirements set out in -this
Agreement. The Grantee shall meet the service requirements
regardless of whether subscriber penetration and/or revenue
projections prove to be correct.
4 . 2 Construction Schedule . Grantee shall complete system
upgrade construction and offer upgraded service to all residents
within ( ) months after the effective date of this
Agreement. Grantee shall complete upgrade system construction
in accordance with the requirements of Exhibit A.
Consistent with sound engineering practice, system upgrade
construction shall be essentially concurrent in all areas of
City, so that no geographic portion of the City is discriminated
against in receiving prompt upgraded service. Upgraded service
shall be offered to all residents and institutions within an
area no later than ninety (90) days after the cables have been
energized therein.
4 . 3 Liquidated Damages . It is understood that it is
impractical at this time to reasonably ascertain the total extent
of damages which may be incurred as a result of a failure by
Grantee to complete system upgrade construction within the time
period specified in this Agreement. Such impracticality arises
out of the difficulty of establishing a cost for future damages
suffered by the public who are denied 'upgraded services or the
effect of noncompletion with respect to inconvenience, anxiety,
9 _
frustration, financial loss , effective and efficient regulation
of the franchise for the promotion and protection of the public
convenience, health, safety and/or welfare, or other factors
which are incapable of measurement in precise monetary terms .
Therefore, �Grantee offers and agrees to compensate the Grantor
in the amount of Dollars ($ ) per day for each
calendar day on which Grantee has not completed system upgrade
construction in accordance with this Agreement.
4 .4 Delay in Construction. For any schedule in delay in
system upgrade construction that may occur, the burden of proof
shall be on the Grantee to demonstrate that such delay was
beyond its reasonable control or was not reasonably foreseeable.
The imposition by Grantor of any damages shall be in accordance
with the procedures set forth in Section 10 . 2 hereof.
4 .5 Right of Inspection of Construction. Grantor 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 the franchise and other pertinent provisions of law..
4 . 6 Provision of Residential Service. Grantee shall provide
all upgraded cable service to all residents of the City at
standard installation charges and monthly rates , in accordance
with Exhibit A. New residences in active cable areas shall be
offered service within ninety (90) days after occupancy.
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5. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS
5. 1 Channel Capacity. The upgraded cable television system
shall be constructed to delivery signals at frequencies up to
hundred ( ) megahertz (MHz) , with specific capacity
i
as indicated below.
Signal
Cable Signal Frequency Channel
Network Direction Rannqe Capacity
Residential (A) Outbound MHz
Residential (A) Inbound* MHz
Institutional (B) Outbound MHz **
Institutional (B) Inbound MHz **
(Note: *Activated in accordance with Exhibit B.
**Activated in accordance with Exhibit C. )
5 . 2 Satellite Earth Stations . Grantee shall provide
(_) satellite earth stations for the system upgrade
construction. Grantee shall reasonably provide a sufficient
number of earth stations to receive signals from all operational
communications satellites that generally carry programs carried
by cable systems , throughout the life of the franchise.
5 . 3 Capacity for Interactive Residential Services .
Grantee shall provide initially the capability for interactive
residential services . Activation of this capability and provision
of interactive residential services shall be provided according
to the provisions of Exhibit B. All customer equipment necessary
for such services, such as addressable interactive converters ,
home terminals and home detectors, shall be provided to subscribers
by Grantee in accordance with established and uniform rate
schedules .
5 . 4 Capacity for Institutional Services . Grantee shall
provide the capacity for bidirectional video, voice and data
communications among designated public institutions in the
franchise area. This capacity shall be activated in accordance
with the provisions of Exhibit C.
5 . 5 Cablecasting Facilities . Grantee shall provide the
following cablecasting facilities or their equivalent for the
cable system serving the City, at the estimated capital costs
shown:
Facilities for Grantee
and PEG Access Use Quantity Total Capital Cost
Facilities Exclusively for
PEG and Access Use
5. 6 Interconnection. Upon Grantor request, Grantee shall
negotiate in good faith to interconnect the cable television
system with neighboring cable systems in the future . Within six
(6) months of a Grantor request, Grantee shall report to Grantor
the results of the negotiations .
' 1
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5 . 7 Emergency Alert Capability . Grantee shall provide
the system capability to transmit an emergency alert signal to
all participating subscribers . Grantee shall also provide an
emergency audio override capability to permit Grantor to interrupt
and cablecast an audio message on all channels simultaneously in
the event of disaster or public emergency.
5 . 8 Standby Power, Grantee shall provide standby power
generating capacity at the cable communications system control
center and at all hubs capable of providing ( ) hours
of emergency power supply. Grantee shall maintain standby power
system supplies throughout the distribution networks capable of
providing ( ) hours of emergency power supply.
5 . 9 Parental Control Lock. Grantee shall provide subscribers ,
upon request, at no charge , with a parental control locking device
or digital code that permits inhibiting the video and audio portions
of the premium channels .
5 . 10 Status Monitoring. Grantee shall provide an automatic
status monitoring system as an integral part of both the residential
and the institutional cable networks .
5 . 11 Technical Standards . The Federal Communications
Commissiori (FCC) Rules and Regulations , Part 76 , Subpart K
(Technical Standards) and any amendments thereto, shall apply .
However, because of the recent development of interactive and
other innovative services , modifications of FCC standards, as
presented in the specifications below; are considered as necessary
to meet system service objectives .
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Applicable Technical Standards -
(1) Forward Signals -- Class I Channels . The upgraded
system shall be capable of carrying ( ) Class I
Television Channels and the full FM broadcast band. The combined
i
forward trunk and distribution system shall deliver signals to
each subscriber' s TV receiver that will meet or exceed the
following specifications at the mean system temperature + 70° F.
This shall include the effects of drop cables, interior splits
and any terminal equipment such as descramblers and set-top
converters .
A. Second order beat ratio dB
B. Third order beat ratio dB
C. Hum %
D. Composite beat ratio dB
E. Cross modulation ratio dB
F. Signal to noise ratio dB
G. Network generated echo dB for ns delay
H. Envelope Delay ns max.
I . Differential Gain —%
J. Differential Phase -°
(2) Reverse Signals -- The reverse channels
shall have the capability of providing return signals from any
subscriber tap to the extreme end of any area without noticeable
signal degradation or interference.
A. The system capability shall include transmission
of color video , black and white video, and both low and high
speed data , whether analog or digital .
B. If necessary to prevent the build-up of noise
and distortion products , the area shall be divided into sections,
and sub-trunks run to a central hub within the area . Equivalent
alternatives such as addressable taps or switches may be utilized .
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C. No more than + 54 dBmV output level shall be
required out of any customer interface device to meet the system
specifications.
D. Where applicable, the end of the system
specifications shall include the effects of any signal
reprocessing equipment necessary to achieve forward transmission .
E. For Class I signals, the signal delivered to the
subscriber ' s TV receiver, after being transmitted to the headend,
processed and retransmitted down a forward channel, shall meet
the Technical Standards of the FCC regulations, Part 76 , Subpart K.
i
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6 . SERVICES AND PROGRAMMING .
6 . 1 Initial Services and Programming. Grantee shall
provide, as a minimum, the initial services and programming in
the tier format as shown in Exhibit D. If any listed service
shall become unavailable, or cannot be provided for valid
reasons, Grantee shall provide substitute programming considered
at least as attractive to cable system subscribers . Grantee
shall not reduce the number of program services without sixty
(60) days prior written notification to Grantor.
6 . 2 Leased Channel Service. Grantee shall -offer leased
channel service at nondiscriminatory rates and on reasonable
terms and conditions in accordance with applicable law.
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7. SUPPORT FOR LOCAL CABLE USAGE .
7.1 Public Cable Usage Management. Grantor may delegate
to an independent non-profit entity, such as a Commission,. Board
or nonprofit corporation the authority to manage any resources
and other considerations provided by the Grantee and/or others ,
designed to promote and develop public-benefit usage of the
cable system.
7. 2 The Commission, Board or nonprofit corporation may be
established jointly with neighboring jurisdictions, at Grantor' s
sole option.
7. 3 Grantee Support for Public Cable System Usage. Grantee
shall provide the following or equivalent support for public
cable usage, as a minimum:
(a) Provision of the capital expenditures for equipment
and facilities designated in Section 5 . 5 of this Agreement as for
PEG use.
(b) Reasonable and nondiscriminatory use of Grantee' s
local origination facilities , on a defined priority basis, by
non-commercial tax-exempt organizations at no charge.
(c) Provision of local origination staff of at least
C ) full-time persons by the second year of upgraded
system operation.
(d) Provision of access and community programming
support staff of at least ( ) full-time persons by
the second year of upgraded system operation.
(e) Conducting (—) ,free video training
workshops annually to train community and access users in
cablecasting techniques and equipment.
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(f) Conducting an advertising and promotional campaign
to familiarize residents of the City with the cable system' s
access facilities .
(g) Provision of capital expenditures for replacement
equipment, adequate consumable supplies and maintenance parts for
equipment and programs related to community and PEG access
programming.
(h) Dedication of percent (—%) of the
cable system' s Residential Network downstream capacity [
( ) channels] and percent ( %) of
the cable system' s Residential Network upstream capacity [
( ) channels] for PEG use throughout the life of
the franchise. Should system capability be expanded in the future,
additional channels shall be dedicated for public use to total
the percentages indicated above .
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8 . RATES AND CHARGES _
8 . 1 Initial Rates . The initial rates and charges for all
services shall be in accordance with Exhibit E.
8. 2 Regulation of Basic Service Rates . Grantor shall retain
the authority to regulate basic service rates for the period
permitted by applicable law.
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9 . PURCHASING, TRAINING AND EMPLOYMENT REQUIREMENTS
9 . 1 Local Purchasing and Hiring 'Policy. Grantee
shall establish a policy of employing City residents within its
own operations, and/or utilizing City-based firms for purchases
and construction subcontracts, to the maximum extent possible.
Grantee shall provide Grantor with a written report of local
purchasing and hiring achievements, upon reasonable Grantor
request.
9 . 2 Equal Employment Opportunity and Affirmative
Action Programs . Throughout the term of the franchise, Grantee
shall conduct its business as an Equal Employment Opportunity/
Affirmative Action Employer. In addition, throughout the term
of the franchise, the Grantee shall maintain a policy that all
employment decisions, practices and procedures are based on
merit and ability without discrimination in violation of state
of federal law on the basis of an individual ' s race, color,
religion, age, sex, national origin, or physical or mental
handicap. The Grantee 's policy shall apply to all employment
actions including advertising, recruiting, hiring, promotion,
transfer, remuneration, selection for training, company benefits ,
disciplinary action, lay-off and termination. The Grantee shall
carry out this policy through continued dedication to a
determined and sustained effort to provide equal employment
opportunities to all by taking affirmative action to employ
and advance in employment qualified women, minorities , persons
who are physically or mentally handicapped and veterans . The
Grantee shall provide to the City a written Affirmative Action
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Program to carry out this policy no later, than sixty (60) days
after the effective date of this franchise.
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10 . REGULATION
10 .1 Franchise Regulation. The franchise granted under
this Agreement shall be subject to regulation by Grantor in
accordance with the provisions of Ordinance No. and
applicabl'e law. Grantor may, at its sole option, enter into
joint regulatory agreements with other Grantors in adjacent
jurisdictions served by the same cable system.
10 . 2 Remedies for Franchise Violations .
(a) In addition to the remedies for delays
in construction as specified in Ordinance No . and
Section 4 . 3 of this Agreement, Grantor reserves the right
to impose the following remedies in lieu of liquidated
damages in the event Grantee violates any other material
provision of the franchise , provided that Grantee has not
commenced corrective action within thirty (30) days written
notice by certified mail to the general manager of the Grantee .
(1) Assess damages, not to
exceed Dollars ($ ) per day or per incident,
for Grantee ' s individual willful and/or repeated violation
of the franchise or failure to take corrective action with
respect to a violation of any provision of the franchise .
(2) Require Grantee to make rate
rebates or payments to the customers or classes of customers
in such amount and on such basis as Grantor may deem
reasonable .
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(3) Require Grantee to correct or
otherwise remedy the violation prior to any rate increase
becoming effective.
(b) In the event the stated violation
is not reasonably curable within sixty (60) days, the
franchise will not be terminated or revoked or damages
assessed pursuant to Section 4 . 3 of this Agreement if the
Grantee provides, within the said sixty (60) days, a plan,
satisfactory to the Grantor, to remedy the violation and
continues to demonstrate good faith in seeking to correct
said violation.
(c) In determining which remedy or remedies
for Grantee ' s violation are appropriate, Grantor shall take into
consideration the nature of the violation, the person or persons
bearing the impact of the violation, the nature of the remedy
required in order to prevent further such violations and such
other matters as the Grantor may deem appropriate; provided , however,
that adequate remedies must be imposed if service is in any way
materially lessened, or if any material provision of this Agreement
is not complied with.
(d) Within ten (10) days after receipt of
• written notice of a violation from Grantor , Grantee may request
• hearing before a Grantor-designated hearing officer in a full
public proceeding affording due process . Such hearing shall be
held within thirty (30) days of the receipt of the request
therefore .
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11 . SEPARABILITY
11. 1 If any material section of Ordinance No.
and this Agreement, as determined by the Grantor, is held
to be invalid /or preempted by federal or state regulations or
laws, the Grantor shall negotiate with Grantee appropriate
modifications to this Agreement to provide reasonable relief
from such invalidity or preemption. If the parties are unable
to reach agreement on such modifications; and if in Grantor ' s
opinion Grantor may be bound legally with respect to arbitration
of the specific dispute, then the dispute will be submitted to
an arbitrator, in accordance with California law, who will deter-
mine what modifications are appropriate and the arbitrator 's
decision shall be binding on the .parties .
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12 . FORCE MAJEURE; GRANTEE ' S INABILITY TO PERFORM
12 . 1 In the event Grantee ' s performance of any of
the terms, conditions , obligations or requirements of this fran-
chise or Ordinance No. is prevented or impaired due
to any cause beyond its reasonable control or not reasonably
foreseeable, such inability to perform shall be deemed to be
excused and no penalties or sanctions shall be imposed as a
result thereof, provided Grantee has notified Grantor' in writing
within thirty ( 30) days of its discovery of the occurrence of
such an event. Such causes beyond Grantee 's reasonable control
or not reasonably foreseeable shall include, but shall not be
limited to, acts of God, civil emergencies and labor unrest
or strikes .
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13. HOLD HARMLESS
13. 1 The Grantee on behalf of itself, its successors
and assigns, shall defend , indemnify and hold harmless the Grantor,
its officers, boards, commissions , agents and employees, and each
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of them, against and from any and all claims, demands , actions,
suits, liabilities and judgments of every kind and nature and
regardless of the merits of the same, arising out of or related
to the exercise or enjoyment of the franchise granted
pursuant to this Agreement and to Ordinance No. including
costs of investigations , attorneys ' fees and court costs in the
defense of any actions , to the extent that such claims or demands
are alleged to be the result of any error, omission, intentional
act or negligent act of Grantee or any persons employed by Grantee,
even if that Grantee employee is in error or by misinformation
alleged to be a Grantor employee .
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IN WITNESS WHEREOF, Grantor and Grantee have executed
this Agreement the date and year first above written.
APPROVED AS TO FORM: CITY OF
A Municipal Corporation
By
City Attorney Mayor
Date :
ATTEST:
City Clerk
(SEAL)
Corporate Seal By
President Date
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Corporate Seal By
President Date
EXHIBIT, A
CONSTRUCTION AND SERVICE SCHEDULE
EXHIBIT A
This exhibit shall indicate:
1 . Date system upgrade construction will begin.
2 . Date upgraded service will be available to
first subscriber.
3 . Date upgraded service will be available to
all residents .
4 . Grantee ' s line extension policy and a map
indicating the areas affected by this policy.
5 . Grantee ' s standard length for a service drop
as well as any charges for non-standard drops .
This information shall be accompanied by a map in sufficient
detail to confirm individual construction areas and service
schedules .
EXHIBIT B
PLAN FOR PROVISION OF
INTERACTIVE RESIDENTIAL SERVICES
EXHIBIT B
This Exhibit shall indicate the services, conditions, terms
and schedule for introducting interactive residential services .
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EXHIBIT C
PLAN FOR PROVISION OF
INSTITUTIONAL SERVICES
EXHIBIT C
This Exhibit shall indicate the services, conditions, terms
and schedule for introducing bidirectional institutional services,
and the public institutions to be connected.
EXHIBIT D
PROGRAMMING, SERVICES
AND TIER STRUCTURE
EXHIBIT D
This Exhibit is to be completed by the Grantee and shall
indicate Grantee 's proposed progtiamming, services, channel
line-up and tier structure.
EXHIBIT E
INITIAL RATES AND CHARGES
EXHIBIT E
This Exhibit shall contain all initial rates and charges,
and shall identify the basic service rates currently subject
to local regulation.
EXHIBIT F
FREE PUBLIC BUILDING INSTALLATIONS
EXHIBIT F
This Exhibit shall indicate:
1. The government and public buildings that
will receive free basic cable service.
2 . Grantee ' s policy on providing more than
one (1) drop per each building.-
3 . Grantee 's policy on internal wiring of
buildings .
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EXHIBIT G
SCHEDULE OF GRANTEE
COMMITMENTS
•'
EXHIBIT G •
This schedule shall contain the time frame and deadline
for all Grantee payments and commitments.,
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Agreement
Section Commitment Date Provided By