HomeMy WebLinkAbout307
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~((ibabit of t)ublication
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gg. !UL 141998
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TONYA R.STENSGARD rnv O~ A~in;i Hii: ~
',." ,'beil"fg"e:ttlIV"sWorn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper
known as SHOREVIEW BULLETIN , and has full knowledge of the facts which
are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed ORDINANCE NO. 307
which is attached was cut from the columns of said newspaper, and was printed and published
once each week. for 1 successive weeks; it was first published on WEDNESDAY, the
8TH day of JULY 19~, and was thereafter printed and published on every
to and including , the day of , 19.ID1..-; and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of
the notice:
*ABCDEFGHIJKLMNOPQRSTUVWXYZ zlrnl,f:.' ~ %z~rr ))12
*ABCDEFGH IJKLMNOPQRSTUVWXYZ
*abcdefghijklmnopqrstuvwxyz
Boo keeper U
Subscribed and sworn to before me on
this 8TH day of JULY 19~.
S~~ "- ~
Notary Public
*AI~habet should be In the s::-me size and kind of type as the notice.
i~ STEPH'~IE K. M'C .-, I
~ , -..... , -
~> r,J"L, lY. u_UC - r.,',j< ,_ TA
~ R,I\M~EY CaL''l, Y RATE INFORMATION
Mv Comm. Exp res Jan. 31,2000
. .
(1 ) Lowest classified rate paid by
commercial users for comparable space. . . . . . . _ . . . . . . . . . . .. . . - . $17.00 per col. inch
(2) Maximum rate allowed by law for the above matter_ _ . . . . . . . _ . . . . . $11.56 per col. inch
(3) Rate actually charged for the above matter. . . . . . . . . - . . . . . . . - - . . $ per cal. inch
. 1/9B
". ,-,
CITY OF ARDEN HILLS
. COUN'IY OF RAMSEY SECTION 5.
STATE OF MINNESOTA SEIMCI! PIlOVISIONS
This Section provides for rate regulation
AN ORDINANCE SUMMARY when permitted by law, customer service
ORDINANCE NO. 307 standards, late fees and subscriber contracts.
"AN ORDINANCE GRANTING A SECTION 6.
FRANCHISE TO MEDIAONE TO ACCESS CHANNEL(S) PROVISIONS
I;ONSTRUCT, OPERATE, AND MAtNTAlN The company will provide twelve (12)
A CABLE COMMUNICATIONS SYSTeM IN channels '0< public, education and
THE CITY OF ARDEN HILLS, SETTING government programming. The company will
FORTH CONDmONS ACCOMPANVlNG continue to comply with all requirements
THE GRANT OF THE FRANCHISe." regarding community programming operations
On the 29th day of June, 1998, the ,Arden and funding, and in addition will inoreas!' the
Hills City Council adopted Ordinance No.. 307, funding by $667,286 over the life of the _. hoo~ to _any af the
and pursuant to local and Minnesota law by Franchise. _ 01 "'" _; ot"" pr&dlced
five affirmative votes, directed that a summary SECTION 7. fraud or dee8itupon City, This Section also
of the ordinance be_ published in the City's INSTITUTIONAL NElWORK p-NET) contains prOViSiOns regarding abandonment
Official Newspaper, and that a printed copy of PROVISIONS of service anCli removal of equipment and
Ordinance No. 301 be posted Qn the City's This Section contains provisions requiring requires that ,th~ company receive approval
bulletin board and otherwise be made the company to dedicate certain capacity for prior to sale or ttansfer,
available for Inspection by aMy person during use by designated institutions, and contQ.k1s SECTION 11.
regular business. hours at Itle office of the Cfty terms and conditions for the usage and PROTECTIO". OF fNDIVIOUAL RIGHTS
Administrator at 4364 West Round Lake performance of this institutional network. This Section trohlblts discriminatl(m and
Road, Arden Hills,.MN 55112 SECTION .. requires subscrl er prtvacy by the company,
STATEMENT OF INTENT AND PURPOSE OPERATION AND ADMINISTRATION SECTION 12.
The City intends, by the adoption of this PROVISIONS U~OA~DCONNECTIONSAND
Franchise, to bring about the further This Section contains provisions requiring MODIFICATIONS
development of a Cable System, and the the company to pay quarterly to City or its This Section prohibits unauthorized
continued operation of it. Adoption of this delegatee, a Franchise Fee in an' amount connections to Itle System or damage to the
Franchise- is, in the Judgment of the Councit, In equal to five percent (5%) of its quarterly System. '
the best interests of the City and its residents. Gross Revenues../n addition, the City shall SeCTION 13.
FINDINGS have the right to require the company to MISCELLANEOUS PROVISIONS
The City Council makes the following provide copies of any records, and the T!'1is Section!. contains a vari.ety of
findings: , company must file with the City a report of ,all requirements co:ncerning Franchise. renewal,
1. The company technical ability, financial Gross Revenues and shall furnish such other amendments,. ~tiance wIth applicable law,
condition, legal qualifications, ana character reasonable reports with respect to operations and interpr~ of the Franchise.
were considered and approved; as may be required. If requested, the SECTION 14-
. 2. The company plans for constructing, company shall furnish the maps, plats, and PUBUCA~N EFFECTIVE DATE;
upgrading, and operating the System were permanent records of the location and ACCEPl:. CE AND EXHIBITS
considered and found adequate and feasible; character of all facilities. This Section -requires that the Franchise be
3. The Franchise complies with applicable Finally, the City may require evaluation published in a~rdance with applicable local
laws and regulations; and _sessions at any time during the term of this and Minnesota ~. The Effective Date of this
4. The Franchise is nonexclusive. Franchise. As a result of lI1e review session, Franchise shaH be the date of acceptance by'
SECTION 1. the company will meet with City and the company :in accordance with the
SHORT TITLE AND BEANITIONS undertake goad faith efforts to reach provisions of SEKition 14.2.
ThisSaction names the Franchise Ordinance agreement on Changes and modifications to The company ~hall accept this Franchise
as the Catle Franchise Ordinance and \ the Franchise which are both economically within sixty (60) days of its enactment by' the
contains many definitions regarding the Cable and technically feasible. Cfty Council provided, howewr, this Franchise
System. SECTION 9, shall not be ~lve until all City ordinance
seCTION 2. GENERAL FINANCIAL AND INSURANCE adOption proced""res are complied with and all
GRANT OF AliTHORITY AND GENERAL PROVISIONS applicable timeliries have run for the adoption
PROVISIONS This Section contains prOViSions requiring of a City orctinanqa.
This Section grants a nonexclusive, fifteen the company to furnish a performance bond to AdQDlinn Date: JPassed by the City Council of
(15) year Franchise pursuant to the City in the amount of $500,000 and deliver to the City of Arden Hills, the 29th day of June,
company's proposal and additional City an unconditional letter of- Credit from a 1998.
reqUirements contained in 'the Franchise. This National or State Bank approved by City In the /8/ Dennis Probst
Section further provides for free subscriber amount of $25,000 to secure compnance with Mayor
service to designated public and educational 'the terms of the Franchise. AlTEST:
institutions. In addition, this Section provides thai the City /8/ BrIon F~"'''I1or
SECTION 3. and its agents shall not be liable for any loss CIlyAdmlnl_
CONSTRUCTION STANDARDS or damage arising out of any action of the (1ltJ1_: July.. 1998)
This Section provides for permitting company with respect to this Franchise.
requirements, construction code compliance, Finally, as a part of the indemnification
undergrounding requirements, and other above, the company shall maintain a
conditions on the use of the Rights-of-Way. comprehensive general liability insurance
SECTION 4. policy for any and all damages and penalties
DESIGN PROVISIONS which may arise as a result of this Franchise
This Section provides for the construction of in the sum of not less than $1,000,000 for
a System providing 750 MHZ capacity and personal injury or death of anyone Person,
whicl1 is fully acttvated wtthlhe capability of a and $2,000,000 tit personal injury or death of
minimum of up to eighty-one (81) video two or more Persons in any one ooc:urrence,
channels. $500,000 for property damage to anyone
The company will develop, construct and person and $2,000,000 for property damage
operate a System capable of providing non- resulting from any one act or occurrence,
video services such as high-speed 'data SECTION 1..
transmission, Internet access, and other SALE, ABANDONMENT, TRANSFER AND
competitive services which. shall be activated REVOCATION OF FRANCHISE
. as Marketplace Need dictates. This Section provides that the City reserves
The company will complete all construction the right to revoke this Franchise, if It is
related to the System upgrade on or before determined by City that the company has
November 30, 2000. The Section contains violated material provisions(s) of this
raquiremenli regarding testing and technical
standards and provides for iour (4) channels
to be interoonnected wl1h all adtOining cable
systems.
CITY OF ARDEN HILLS
. COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE SUMMARY
ORDINANCE NO. 307
"AN ORDINANCE GRANTING A FRANCHISE TO MEDlAONE TO
CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM
IN THE CITY OF ARDEN HILLS;
SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT
OF THE FRANCHISE."
On the 29'h day of June, 1998, the Arden Hills City Council adopted Ordinance No. 307, and
pursuant to local and Minnesota State law by five affirmative votes, directed that a summary of
the ordinance be published in the City's Official Newspaper, and that a printed copy of
Ordinance No. 307 be posted on the City's bulletin board and otherwise be made available for
inspection by any person during regular business hours at the office of the City Administrator at
4364 West Round Lake Road, Arden Hills, MN 55112.
STATEMENT OF INTENT AND PURPOSE
. The City intends, by the adoption of this Franchise, to bring about the further development of a
Cable System, and the continued operation of it. Adoption of this Franchise is, in the judgement
of the Council, in tbe best interests of the City and its residents.
FINDINGS
The City Council makes the following findings:
1. The company technical ability, financial condition, legal qualifications, and
character were considered and approved;
2. The company plans for constructing, upgrading, and operating the System were
considered and found adequate and feasible;
3. The Franchise complies with applicable laws and regulations; and
4. The Franchise is nonexclusive.
SECTION 1.
SHORT TITLE AND DEFINITIONS
This Section names the Franchise Ordinance as the Cable Franchise Ordinance and contains
many definitions regarding the Cable System.
.
- .--.-- ~ - - ~ -~-
PAGE TWO ORDINANCE NO. 307 JUNE 29, 1998
. SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS
This Section grants a nonexclusive, fifteen (15) year Franchise, pursuant to the company's
proposal and additional requirements contained int he Franchise. This Section furtber provides
for free subscriber service to designated public and educational institutions.
SECTION 3.
CONSTRUCTION STANDARDS
This Section provides for permitting requirements, construction code compliance,
undergrounding requirements, and other conditions on the use of the Rights-of-Way.
SECTION 4.
DESIGN PROVISIONS
This Section provides for the construction of a System providing 750 MHZ capacity and which is
fully activated with the capability of a minimum of up to eight-one (81) video channels.
The company will develop, construct, and operate a System capable of providing non-video
. services such as high-speed data transmission, Internet access, and other competitive services
which shall be activated as Marketplace Need dictates.
The company will complete all construction related to the System upgrade on or before
November 30, 2000. The Section contains requirements regarding testing and technical
standards and provides for four (4) channels to be interconnected with all adjoining cable
systems.
SECTION 5.
SERVICE PROVISIONS
This Section provides for rate regulation when permitted by law, customer service standards, late
fees and subscriber contracts.
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS
The company will provide twelve (12) channels for public, education and government
programming. The company will continue to comply with all requirements regarding community
progranlming operations and funding, and in addition will increase the funding by $667,286 over
the life of the Franchise.
.
I . PAGE THREE ORDINANCE NO. 307 JUNE 29, 1998
SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS
This Section contains provisions requiring the company to dedicate certain capacity for use by
designated institutions, and contains terms and conditions for the usage and performance of this
institutional network.
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS
This Section contains provisions requiring the company to pay quarterly to City, or its delegatee,
a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues. In
addition, the City shall have the right to require the company to provide copies of any records,
and the company must file with the City a report of all Gross Revenues and shall furnish such
other reasonable reports with respect to operations as may be required. If requested, the company
shall furnish the maps, plats, and permanent records of the location and character of all facilities.
Finally, the City may require evaluation sessions at any time during the term of this Franchise.
As a result of the review session, the company will meet with City and undertake good faith
. efforts to reach agreement on changes and modifications to the Franchise which are both
economically and technically feasible.
SECTION 9.
GENERAL FINANCIAL AND INSURANCE PROVISIONS
This Section contains provisions requiring the company to furnish a performance bond to City in
the amount of $500,000 and deliver to City an unconditional Letter of Credit from a National or
State Bank approved by City in the amount of$25,000 to secure compliance with the terms of the
Franchise.
In addition, this Section provides that the City and its agents shall not be liable for any loss or
damage arising out of any action of the company with respect to this Franchise.
Finally, as a part of the indemnification above, the company shall maintain a comprehensive
general liability insurance policy for any and all damages and penalties which may arise as a
result of this Franchise in the sum of not less than $1,000,000 for personal injury or death of any
one Person, and $2,000,000 for personal injury or death of two or more Persons in anyone
occurrence, $500,000 for property damage to anyone person and $2,000,000 for property
damage resulting from anyone act or occurrence.
.
PAGE FOUR ORDINANCE NO. 307 JUNE 29, 1998
. SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
This Section provides that the City reserves the right to revoke this Franchise, if it is determined
by City that the company has violated material provision(s) of this Franchise, has attempted to
evade any of the provisions of the Franchise; or has practiced fraud or deceit upon City. This
Section also contains provisions regarding abandomnent of service and removal of equipment
and requires that the company receive approval prior to sale or transfer.
SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS
This Section prohibits discrimination and requires subscriber privacy by the company.
SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
This Section prohibits unauthorized connections to the System or damage to the System.
SECTION 13.
. MISCELLANEOUS PROVISIONS
This Section contains a variety of requirements concerning Franchise renewal, amendments,
compliance with applicable law, and interpretation of the Franchise.
SECTION 14.
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
This Section requires that the Franchise be published in accordance with applicable local and
Minnesota law. The Effective Date of this Franchise shall be the date of acceptance by the
company in accordance with the provisions of Section 14.2.
The company shall accept this Franchise within sixty (60) days of its enactment by the City
Council provided, however, this Franchise shall not be effective until all City ordinance adoption
procedures are complied with and all applicable timelines have run for the adoption of a City
ordinance.
Adoption Date: Passed by the City Council of the City of Arden Hills, the 29'h day ofJune, 1998.
DENNIS PROBST, MAYOR
ATTEST: (facsimile)
BRIAN FRITSINGER, CITY ADMINISTRATOR
(facsimile)
. (Affidavit Required)
.
ORDINANCE NO. 307
CITY OF ARDEN HILLS
CABLE TELEVISION FRANCHISE ORDINANCE
Date: July 15, 1998
e
Prepared by:
Thomas D. Creighton
RobertJ. V. Vose
Bernick and Lifson, P.A.
1200 The Colonnade
5500 Wayzata Boulevard
Minneapolis, Minnesota 55416
Telephone: (612) 546-1200
Facsimile: (612) 546-1003
-
,
. STATEMENT OF INTENT AND PURPOSE .......................................1
FINDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 1.
SHORT TITLE AND DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
1. Short Title. ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS ..................... 5
1. Grant of Franchise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2. Grant of Nonexclusive Authoritv. ............................... 5
3. Lease or Assif.!mnent Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4. Franchise Term. ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5. Previous Franchises. ......................................... 6
6. Comnliance with Applicable Laws. Resolutions and Ordinances. ...... 6
7. Rules of Grantee. ............................................ 7
8. Territorial Area Involved. ..................................... 7
9. Written Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
- 10. Subscriber Network Drops to Desif.!nated Buildinf.!s. ................ 8
SECTION 3.
CONSTRUCTION STANDARDS.......................................... 9
1. Registration. Permits and Construction Codes. . . . . . . . . . . . . . . . . . . . . . 9
2. RepairofRif.!hts-of-WayandProverty. ...........................9
3. Conditions on Right-of-Wav Use. ............. . . . . . . . . . . . . . . . . . .9
4. Undergrounding of Cable. ......... . .. . .. . .. . .. . .. . .. . . . .. . .. . 10
5. Installation of Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6. Safety Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
SECTION 4.
DESIGN PROVISIONS ................................................. II
1. System UOf.!rade: Minimum Channel Capacitv. ................... 11
2. Construction Timetable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3. Interruption of Service. ...................................... 12
4. Technical Standards. ........................................ 13
5. Special Testing. ............................................ 13
6. Droo Testinf.! and Replacement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7. FCC Reports. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8. Interconnection. ............................................ 14
9. Nonvoice Return Capability. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
. 10. Lockout Device. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
. SECTION 5.
SERVICE PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1. Regulation of Service Rates. .................................. 14
2. Non-Standard Installations. ................................... 14
3. Sales Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
4. Subscriber Inquiry and Complaint Procedures. . . . . . . . . . . . . . . . . . . . . 15
5. Subscriber Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
6. Refund Policy. ............................................. 16
7. Late Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8. Office Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
1. Public. Educational and Government Access. .. . . . . . . . . . . . . . . . . . . . 16
2. Charf.!es for Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
3. Access Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4. Access Suvoort. ............................................ 17
5. Studio Relocation. .......................................... 17
6. Regional Channel 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7. State and Federal Law comoliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
e SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS ........................ 18
1. Capacity. ................................................. 18
2. Grantee's Use of Capacity. ................................... 19
3. End-User Equipment. ........................................19
4. Service Standards. .......................................... 20
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS. . . . . . . . . . . . . . . . . . . . . . .20
1. Administration of Franchise. ....... . . . . . . . . . . . . . . . . . . . . . . . . . . .20
2. Delef.!ated Authoritv. ........................................ 20
3. Franchise Fee. ............................................. 20
4. Access to Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5. Reports and Maps to be Filed with City. . . . . . . . . . . . . . . . . . . . . . . . . . 21
6. Periodic Evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
SECTION 9.
GENERAL FINANCIAL AND INSURANCE PROVISIONS ...................21
1. Performance Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
2. Letter of Credit. ............................................ 22
3. Indemnification ofCitv. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
.
. SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE ... 26
1. Citv's Rif.!ht to Revoke. ...................................... 26
2. Procedures for Revocation. ................................... 26
3. Abandomnent of Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4. Removal After Abandomnent. Termination or Forfeiture. ...........27
5. Sale or Transfer of Franchise. ................................. 28
SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS ................................. 30
1. Discriminatory Practices Prohibited. .. . . . . . . . . . . . . . . . . . . . . . . . . . . 30
2. Subscriber Privacy. .........................................30
SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS.................. 31
1. Unauthorized Connections or Modifications Prohibited. ............ 31
2. Removal or Destruction Prohibited. ............................ 31
3. Penaltv. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
SECTION 13.
MISCELLANEOUS PROVISIONS ........................................ 31
. 1. Franchise Renewal. ......................................... 31
2. Work Performed by Others. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3. Amendment of Franchise Ordinance. ........................... 31
4. Compliance with Federal. State and Local Laws. .................. 32
5. Nonenforcement bv Citv. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
6. Rif.!hts Cumulative. ......................................... 32
7. Grantee Acknowledgment of Validity of Franchise. . . . . . . . . . . . . . . . . 33
SECTION 14.
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS. .. . . . .. . . 33
1. Publication: Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
2. Acceptance. ............................................... 33
.
~..
. ORDINANCE NO. 107
AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL
COMMUNICATIONS CORP. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN THE CITY OF ARDEN HILLS; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR
REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY [IN
CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN;
The City Council of the City of Arden Hills ordains:
STATEMENT OF INTENT AND PURPOSE
The City intends, by the adoption of this Franchise, to bring about the further development of a
Cable System, and the continued operation of it. Such development can contribute significantly
to the communication needs and desires of the residents and citizens of the City and the public
generally. Further, the City may achieve better utilization and improvement of public services
and enhanced economic development with the development and operation of a Cable
Communication System.
. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and
its residents.
FINDINGS
In the review of the request and proposal for renewal by Grantee and negotiations related thereto,
and as a result of a public hearing, the City Council makes the following findings:
1. The Grantee's technical ability, financial condition, legal qualifications, and
character were considered and approved in a full public proceeding after due notice
and a reasonable opportunity to be heard;
2. Grantee's plans for constructing, upgrading, and operating the System were
considered and found adequate and feasible in a full public proceeding after due
notice and a reasonable opportunity to be heard;
3. The Franchise granted to Grantee by the City complies with the existing applicable
Minnesota Statutes, federal laws and regulations; and
4. The Franchise granted to Grantee is nonexclusive.
.
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. SECTION 1.
SHORT TITLE AND DEFINITIONS
1. Short Title. This Franchise Ordinance shall be known and cited as tl1e Cable
Franchise Ordinance.
2. Definitions . For the purposes of this Franchise, the following terms, phrases,
words, and tl1eir derivations shall have the meaning given herein. When not
inconsistent with the context, words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory. The
word "may" is directory and discretionary and not mandatory.
a. "Basic Cable Service" means any service tier which includes the lawful
retransmission of local television broadcast signals and any public,
educational, and governmental access programming required by tl1e
Franchise to be carried on the basic tier. Basic Cable Service as defined
herein shall not be inconsistent with 47 U.S.C. ~ 543(b)(7).
b. "City" means City of Arden Hills, a municipal corporation, in the State of
Minnesota, acting by and through its City Council, or its lawfully
. appointed designee.
c. "City Council" means tl1e governing body of tl1e City.
d. "Cable Service" or "Service" means the provision of communications
and/or entertainment services as "Cable Service" is defined by Minn. Stat. ~
238.01 et seq. and 47 U.S.C ~ 521 et seq., as may be amended from time
to time, but including Institutional Network services.
e. "Cable System" or "System" means a system of antennas, cables, wires,
lines, towers, waveguides, or other conductors, Converters, equipment, or
facilities located in City and designed and constructed for the purpose of
producing, receiving, transmitting, amplifying, or distributing audio, video,
and data. System as defined herein shall not be inconsistent witl1 the
definitions set forth in Minn. Stat. 238.02, subd. 3 and 47 U.S.C. ~ 522(7).
f. "Class IV Cable Channel" means a signaling patl1 provided by a Cable
System to transmit signals of any type from a Subscriber terminal to
anotl1er point in the System.
g. "Commercial Need" or "Marketplace Need" means such need or market
demand which City and Grantee may jointly determine requires action or
. performance by Grantee as specifically set forth in this Franchise. Such
determination shall be based upon evidence and information presented by
2
. City, Grantee and other interested parties at a duly noticed public
proceeding. Grantee shall have an opportunity to present evidence
regarding the level of market demand, tl1e cost of meeting such demand and
the availability of technologies to meet such demand. Any decision
regarding Commercial or Marketplace Need which requires action by
Grantee shall not be unreasonable.
h. "Converter" means an electronic device which converts signals to a
frequency acceptable to a television receiver of a Subscriber and by an
appropriate selector pernnts a Subscriber to view all Subscriber signals
included in tl1e service.
i. "Drop" means tl1e cable that connects tl1e ground block on tl1e Subscriber's
residence or institution to tl1e nearest feeder cable of tl1e System.
j. "BX;," means the Federal Communications Commission and any legally
appointed, designated or elected agent or successor.
k. "Franchise" or "Cable Franchise" means this ordinance and the regulatory
and contractual relationship established hereby.
. 1. "Grantee" is MediaOne Nortl1 Central Communications Corp., its lawful
successors, transferees or assignees.
m. "Gross Revenues" means all revenue received directly or indirectly by the
Grantee, its affiliates, subsidiaries, parent, or person in which Grantee has
financial interest of five percent (5 %) or more, from the operation of its
System within City including, but not limited to, all Cable Service fees,
Franchise Fees, PEG Fees, late fees, Installation and reconnection fees,
upgrade and downgrade fees, advertising revenue, Converter rental fees,
Lockout Device fees, fees related to commercial and institutional usage of
tl1e I-net, Internet access fees, cable modem service fees and interest. The
term Gross Revenues shall not include any taxes on services furnished by
Grantee inlposed by any municipality, state, or other governmental unit and
collected by Grantee for such governmental unit.
n. "Installation" means tl1e connection of tl1e System from feeder cable to the
point of connection witl1 tl1e Subscriber Converter or other terminal
equipment.
o. "Institutional Network" or "I-net" means the discrete communications
network and services related to such network provided by Grantee to
identified institutions as required by this Franchise.
.
3
. p. "Lockout Device" means an optional mechanical or electrical accessory to
a Subscriber's terminal which inhibits the viewing of a certain program,
certain channel, or certain channels provided by way of the Cable
Communication System.
q. "Memorandum of Understanding" or "MOll" means tl1at certain agreement
dated November 3, 1994 regarding PEG access funding, creation of a
"PEG Fee" and certain rate regulatory issues.
r. "North Suburhs Access Corporation" means tl1at certain non-profit
corporation or its lawful successor, designee, or assignee, which is
delegated autl10rity and responsibility for providing certain community
programming functions including public access.
s. "North Suburban System" means tl1e Cable System located in tl10se
municipalities collectively comprising tl1e North Suburban Cable Service
territory as originally approved by the Minnesota Cable Communications
Board.
t. "Pay Television" means the delivery over the System of pay-per-channe1
or pay-per-program audio-visual signals to Subscribers for a fee or charge,
. in addition to the charge for Basic Cable Service or Cable Programming
Services.
u. "Person" is any person, firm, partnership, association, corporation,
company, or other legal entity.
v. "Proposal" means tl1e Proposal for Franchise Renewal dated May 13, 1997,
submitted to the North Suburban Cable Communications Commission by
Group W Cable of the North Suburbs, Inc., as amended by the revised
Renewal Proposal submitted under cover letter dated August, 4, 1997, and
related correspondence and prior agreements or resolutions which are
attached hereto as Exhibit A.
w. "Ril1ht-of-Wav" or "Rights-of-Way" means the area on, below, or above
any real property in City in which the City has an interest including, but
not limited to any street, road, highway, alley, sidewalk, parkway, park,
skyway, or any otl1er place, area, or real property owned by or under the
control of City, including otl1er dedicated Rights-of-Way for travel
purposes and utility easements.
x. "Right-of-Way Ordinance"means the ordinance codifying requirements
regarding regulation, management and use of Rights-of-Way in City,
. including registration and permitting requirements.
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. y. "Standard Installation" means any residential installation which can be
completed using a Drop of 250 feet or less.
z. "Subscriber" means any Person who lawfully receives service via the
System. In the case of multiple office buildings or multiple dwelling units,
the "Subscriber" means tl1e lessee, tenant or occupant.
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS
1. Grant of Franchise. This Franchise is granted pursuant to tl1e terms and conditions
contained herein. Grantee shall comply witl1 all provisions of its Proposal, which
is expressly incorporated herein by reference. Failure of Grantee to provide a
System as described in its Proposal, or meet obligations and comply with all
provisions tl1erein, shall be deemed a violation of this Franchise.
2. Grant of N onexclusive Authority.
a. The Grantee shall have tl1e right and privilege, subject to tl1e permitting and
other lawful requirements of City ordinance, rule or procedure, to
. construct, erect, and maintain, in, upon, along, across, above, over and
under the Rights-of-Way in City a Cable System and shall have the right
and privilege to provide Cable Service. The System constructed and
maintained by Grantee or its agents shall not interfere with other uses of the
Rights-of-Way. Grantee shall make use of existing poles and other above
and below facilities available to Grantee to tl1e extent it is technically and
economically feasible to do so.
b. Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way
shall be used by Grantee if City determines tl1at such use is inconsistent
with the terms, conditions, or provisions by which such Right-of-Way was
created or dedicated, or with the present use of the Right-of-Way.
c. This Franchise shall be nonexclusive, and City reserves the right to grant
a Franchise to any Person at any time during tl1e period of this Franchise
for the provision of Cable Service. The terms and conditions of any such
Franchise shall be, when taken as a whole, no less burdensome or more
beneficial than those imposed upon Grantee pursuant to this Franchise.
3. Lease or Assignment Prohibited. No Person may lease Grantee's System for tl1e
purpose of providing Service until and unless such Person shall have first obtained
and shall currently hold a valid Franchise or otl1er lawful authorization containing
. substantially sinlilar burdens and obligations to tl1is Franchise. Any assignment of
5
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. rights under this Franchise shall be subject to and in accordance with the
requirements of Section 10, Paragraph 5.
4. Franchise Term. This Franchise shall be in effect for a period of fifteen (15) years
from the date of acceptance by Grantee, unless sooner renewed, revoked or
terminated as herein provided.
5. Previous Franchises. Upon acceptance by Grantee as required by Section 13
herein, this Franchise shall supersede and replace any previous Ordinance granting
a Franchise to Grantee.
6. Compliance with Applicable Laws. Resolutions and Ordinances.
a. The terms of this Franchise shall define the contractual rights and
obligations of Grantee witl1 respect to tl1e provision of Cable Service and
operation of the System in City. However, the Grantee shall at all tinles
during tl1e term of this Franchise be subject to all lawful exercise of tl1e
police power, statutory rights, local ordinance-making authority, and
eminent domain rights of City. Except as provided below, any
modification or amendment to this Franchise, or the rights or obligations
contained herein, must be within the lawful exercise of City's police power,
. in which case tl1e provision(s) modified or amended herein shall be
specifically referenced in an ordinance of the City authorizing such
amendment or modification. This Franchise may also be modified or
amended with the written consent of Grantee as provided in Section 13.3
herein.
b. Grantee shall comply witl1 tl1e terms of any City ordinance or regulation of
general applicability which addresses usage of the Rights-of-Way within
City which may have tl1e effect of superseding, modifying or amending tl1e
terms of Section 3 and/or Section 8.5(c) herein, except that Grantee shall
not, through application of such City ordinance or regulation of Rights-of-
Way, be subject to additional burdens with respect to usage of Rights-of-
Way which exceed burdens on similarly situated Rights-of-Way users.
c. In tl1e event of any conflict between Section 3 and/or Section 8.5 (c) of this
Franchise and any City ordinance or regulation which addresses usage of
the Rights-of-Way, the conflicting terms in Section 3 and/or Section 8.5 (c)
of this Franchise shall be superseded by such City ordinance or regulation,
except that Grantee shall not, through application of such City ordinance
or regulation of Rights-of-Way, be subject to additional burdens with
respect to usage of Rights-of-Way which exceed burdens on similarly
situated Rights-of-Way users.
.
6
. d. In tl1e event any City ordinance or regulation which addresses usage of tl1e
Rights-of-Way adds to, modifies, amends, or otherwise differently
addresses issues addressed in Section 3 and/or Section 8.5 (c) of this
Franchise, Grantee shall comply with such ordinance or regulation of
general applicability, regardless of which requirement was first adopted
except that Grantee shall not, t1rrough application of such City ordinance
or regulation of Rights-of-Way, be subject to additional burdens with
respect to usage of Rights-of-Way which exceed burdens on similarly
situated Rights-of-Way users.
e. In the event Grantee cannot determine how to comply with any Right-of-
Way requirement of City, whetl1er pursuant to this Franchise or other
requirement, Grantee shall immediately provide written notice of such
question, including Grantee's proposed interpretation, to the City witl1 copy
to tl1e North Suburban Cable Communications Commission, in accordance
witl1 Section 2.9. The City or Commission shall provide a written response
within fourteen (14) days of receipt indicating how the requirements cited
by Grantee apply. Grantee may proceed in accordance with its proposed
interpretation in the event a written response is not received within
seventeen (17) days of mailing or delivering such written question.
. 7. Rules of Grantee. The Grantee shall have the authority to promulgate such rules,
regulations, terms and conditions governing tl1e conduct of its business as shall be
reasonably necessary to enable said Grantee to exercise its rights and perform its
obligations under this Franchise and to assure uninterrupted service to each and all
of its Subscribers; provided tl1at such rules, regulations, teffi1S and conditions shall
not be in conflict with provisions hereto, tl1e rules of tl1e FCC, the laws of tl1e
State of Minnesota, City, or any other body having lawful jurisdiction.
8. Territorial Area Involved. This Franchise is granted for the corporate boundaries
of City, as it exists from time to time. In the event of annexation by City, or as
development occurs, any new territory shall become part of the territory for which
tl1is Franchise is granted provided, however, that Grantee shall not be required to
extend service beyond its present System boundaries unless there is a minimum of
50 homes per cable mile for underground plant and 35 homes per cable mile for
overhead plant. Access to cable service shall not be denied to any group of
potential residential cable Subscribers because of tl1e income of the residents of tl1e
area in which such group resides. Grantee shall be given a reasonable period of
time to construct and activate cable plant to service annexed or newly developed
areas but in no event not to exceed twelve (12) montl1s from notice thereof by City
to Grantee and qualification pursuant to the density requirements of this Subsection
8.
. 9. Written Notice. All notices, reports, or demands required to be given in writing
under this Franchise shall be deemed to be given when delivered personally to any
7
. officer of Grantee or City's Administrator of this Franchise or forty-eight (48)
hours after it is deposited in tl1e United States mail in a sealed envelope, with
registered or certified mail postage prepaid tl1ereon, addressed to the party to
whom notice is being given, as follows:
If to City: City of Arden Hills
4364 W. Round Lake Road
Arden Hills, Minnesota 55112
Attention: City Manager/Administrator
With copies to: North Suburban Cable Communications Commission
950 W oodhill Drive
Roseville, Minnesota 55113
And to: Thomas D. Creighton, Esq. and Robert J. V. Vose, Esq.
Bernick and Lifson, P.A.
5500 Wayzata Boulevard, Suite 1200
Minneapolis, Minnesota 55416
If to Grantee: General Manager
MediaOne
. 950 Woodhill Drive
Roseville, Minnesota 55113
With copies to: John F. Gibbs, Esq.
Robins, Kaplan, Miller & Ciresi, L.L.P.
2800 LaSalle Plaza
800 LaSalle Ave. So.
Minneapolis, Minnesota 55402
Such addresses may be changed by either party upon notice to the other party given as provided
in tl1is Section.
10. Suhscriber Network Drops to Desill'nated Buildings. Grantee shall provide, free
of charge, Installation of one (1) subscriber network Drop, one (1) cable outlet,
one (1) Converter, if necessary, and monthly Basic Cable Service witl10ut charge
to the institutions identified on Exhibit B attached hereto and made a part hereof,
and such other public or educational institutions subsequently designated by City
which is located five hundred (500) feet or less from the existing Subscriber
network. Any such institution located more than five hundred (500) feet shall be
connected if such institution agrees to reinlburse Grantee for Grantee's actual costs
in excess of the five hundred (500) foot installation actual costs.
. Additional subscriber network Drops and/or outlets in any of tl1e locations
identified on Exhibit B will be installed by Grantee at the cost of Grantee's time
8
. and material. Alternatively, said institution may add outlets at its own expense,
as long as such Installation meets Grantee's standards. Grantee shall have three
(3) montl1s from the date of City designation of additional institution(s) to complete
construction of tl1e Drop and outlet unless weather or other conditions beyond tl1e
control of Grantee requires more time. The provision of Institutional Network
service is addressed in Section 7 herein.
SECTION 3.
CONSTRUCTION STANDARDS
1. Rell'istration. Permits and Construction Codes.
a. Grantee shall strictly adhere to all state and local laws and building and
zoning codes currently or hereafter applicable to location, construction,
installation, operation or maintenance of the System in City and give due
consideration at all times to the aesthetics of the property.
b. Failure to obtain permits or comply with permit requirements shall be
grounds for revocation of tl1is Franchise, or any lesser sanctions provided
herein or in any otl1er applicable law.
. 2. Rt:Pair of Rights-of-Way and Propertv. Any and all Rights-of-Way, or public or
private property, which are disturbed or damaged during the construction, repair,
replacement, relocation, operation, maintenance, expansion, extension or
reconstruction of the System shall be promptly and fully restored by Grantee, at
its expense, to the same condition as that prevailing prior to Grantee's work, as
determined by City. If Grantee shall fail to promptly perform tl1e restoration
required herein, after written request of City and reasonable opportunity to satisfy
that request, City shall have tl1e right to put tl1e Rights-of-Way, public, or private
property back into good condition. In tl1e event City determines tl1at Grantee is
responsible for such disturbance or damage, Grantee shall be obligated to fully
reimburse City for such restoration.
3. Conditions on Rif.!ht-of-Way Use.
a. Nothing in this Franchise shall be construed to prevent City from
constructing, maintaining, repairing or relocating sewers; grading, paving,
maintaining, repairing, relocating and/or altering any Right-of-Way;
constructing, laying down, repairing, maintaining or relocating any water
mains; or constructing, maintaining, relocating, or repairing any sidewalk
or other public work.
. b. All System transmission and distribution structures, lines and equipment
erected by the Grantee witl1in City shall be located so as not to obstruct or
9
. interfere witl1 the use of Rights-of-Way except for normal and reasonable
obstruction and interference which might occur during construction and to
cause minimum interference witl1 the rights of property owners who abut
any of said Rights-of-Way and not to interfere with existing public utility
installations.
c. If at any time during the period of this Franchise City shall elect to alter or
change the grade or location of any Right-of-Way, the Grantee shall, at its
own expense, upon reasonable notice by City, remove and relocate its
poles, wires, cables, conduits, manholes and other fixtures of the System,
and in each instance comply with the reasonable and lawful standards and
specifications of City.
d. The Grantee shall not place poles, conduits, or other fixtures of System
above or below ground where the same will interfere with any gas, electric,
telephone, water or other utility fixtures and all such poles, conduits, or
other fIxtures placed in any Right-of-Way shall be so placed as to comply
with all reasonable and lawful requirements of City.
e. The Grantee shall, upon request of any Person holding a moving permit
issued by City, temporarily move its wires or fixtures to permit the moving
. of buildings with tl1e expense of such temporary removal to be paid by the
Person requesting the same, and tl1e Grantee shall be given not less than ten
(10) days advance written notice to arrange for such temporary changes.
f. The Grantee shall have the authority to trim any trees upon and
overhanging the Rights-of-Way of City so as to prevent the branches of
such trees from coming in contact with tl1e wires and cables or other
facilities of the Grantee.
g. Grantee shall use its best efforts to give reasonable prior notice to any
adjacent private property owners who will be negatively affected or
impacted by Grantee's work in the Rights-of-Way.
4. Underf.!rounding of Cable. Unless otherwise required by action of City Council,
Grantee must place newly constructed facilities underground in areas of City where
all other utility lines are placed underground. Amplifier boxes and pedestal
mounted terminal boxes may be placed above ground if existing technology
reasonably requires, but shall be of such size and design and shall be so located as
not to be unsightly or unsafe, all pursuant to plans submitted with Grantee's permit
application(s) and approved by City.
5. Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted
. terminal boxes, similar structures, or other wire-holding structures shall be erected
or installed by tl1e Grantee without required permit of City.
10
. 6. Safety Requirements.
a. The Grantee shall at all times employ ordinary and reasonable care and
shall install and maintain in use notl1ing less than commonly accepted
metl10ds and devices for preventing failures and accidents which are likely
to cause damage or injuries.
b. The Grantee shall install and maintain its System and other equipment in
accordance witl1 City's codes and tl1e requirements of tl1e National Electric
Safety Code and all otl1er applicable FCC, state and local regulations, and
in such manner that they will not interfere with City communications
technology related to health, safety and welfare of the residents.
c. All System structures, and lines, equipment and connections in, over, under
and upon the Rights-of-Way of City, wherever situated or located, shall at
all times be kept and maintained in good condition, order, and repair so
that the same shall not menace or endanger the life or property of City or
any Person.
SECTION 4.
. DESIGN PROVISIONS
1. System Upgrade: Minimum Channel Capacity.
a. Grantee shall develop, construct and operate for the term of this Franchise
a System providing 750 MHz capacity and which is fully activated willi the
capability of delivering to all Subscribers capable of receiving them a
minimum of up to 81 video programmed channels. Construction will be
completed and channels activated as described in Exhibit C attached.
b. The System will utilize a hybrid fiber-coaxial architecture as detailed in the
Proposal. In addition, the System will be designed with tl1e capability to
transmit return signals upstream in the 5 - 40 MHz spectrum which shall
be activated as Commercial Need dictates. Finally, in conjunction witl1 the
upgrade, Grantee shall replace all existing headend equipment witl1 state-of-
the-art standard frequency headend equipment.
c. Grantee shall develop, construct and operate a System capable of providing
non-video services such as high-speed data transmission, Internet access,
and other competitive services which shall be activated as Marketplace
Need dictates. Grantee may use 200 MHz of the total 750 MHz System
capacity for tl1e provision of such services.
.
11
. d. During tl1e design, walkout and preliminary construction activities related
to upgrade of the System, Grantee shall seek to identify tl1e non-video
interests of the business community witl1in City and will seek to quantify
business community demand for non-video services. Grantee shall report
the results of its investigation into business demand for non-video services
to the City or its designee no later tl1an one (1) year from the
commencement date of the Franchise.
e. All final programming decisions remain the discretion of Grantee in
accordance witl1 tl1e Proposal, provided tl1at Grantee notifies City and
Subscribers in writing thirty (30) days prior to any channel additions,
deletions, or realignments, and further subject to Grantee's signal carriage
obligations hereunder and pursuant to 47 U.S.C. ~ 531-536, and further
subject to City's rights pursuant to 47 U.S.C. ~ 545. Location and
relocation of the PEG Channels shall be governed by Section 6, 1. (c).
2. Construction Timetable.
a. Grantee shall complete all construction related to the System upgrade
required by Section 4 herein on or before November 30, 2000, in
accordance with the specific time1ine identified in Exhibit C attached.
. Failure to timely complete such construction shall be a violation of this
Franchise.
b. The System, once upgraded, shall continue to offer Service to all dwelling
units serviceable prior to upgrade and shall extend Service to any area
within the corporate boundaries of City which was not previously
constructed which exceeds a density of 35 dwelling units per cable mile or
greater for overhead plant and 50 dwelling units per cable mile for
underground plant.
c. Witl1in ninety (90) days after tl1e commencement of the renewal term of tl1is
Franchise, Grantee shall commence application for all necessary permits,
licenses, certificates and authorizations which are required in the conduct
of its business. Failure to timely commence application for the
aforementioned authorizations shall be a violation of this Franchise.
d. Within ninety (90) days after commencement of the term of this renewed
Franchise, Grantee will commence System design, walkout and all other
preliminary construction activities related to upgrade of the System and
shall give written notice thereof to City upon commencement of such
activities.
. 3. Interruption of Service. The Grantee shall interrupt service only for good cause
and for the shortest time possible. Such interruption shall occur during periods of
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. minimum use of the System. If service is interrupted for a total period of more
than forty eight (48) hours in any tl1irty (30) day period, Subscribers shall be
credited pro rata for such interruption.
4. Technical Standards. The technical standards used in tl1e operation of the System
shall comply, at minimum, witl1 tl1e technical standards promulgated by tl1e FCC
relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may
be amended or modified from time to time, which regulations are expressly
incorporated herein by reference.
5. Special Testing.
a. The City shall have tl1e right to inspect all construction or installation work
performed pursuant to the provisions of the Franchise. In addition, the
City may require special testing of a location or locations within the System
if there is a particular matter of controversy or umeso1ved complaints
regarding such construction or installation work or pertaining to such
10cation(s). Demand for such special tests may be made on the basis of
complaints received or otl1er evidence indicating an unteso1ved controversy
or noncompliance. Such tests shall be limited to the particular matter in
controversy or umeso1ved complaints. The City shall endeavor to so
. arrange its request for such special testing so as to minimize hardship or
inconvenience to Grantee or to the Subscribers caused by such testing.
b. Before ordering such tests, Grantee shall be afforded thirty (30) days
following receipt of written notice to investigate and, if necessary, correct
problems or complaints upon which tests were ordered. The City shall
meet with Grantee prior to requiring special tests to discuss the need for
such and, if possible, visually inspect those locations which are the focus
of concern. If, after such meetings and inspections, City wishes to
commence special tests and the thirty (30) days have elapsed without
correction of tl1e matter in controversy or umeso1ved complaints, the tests
shall be conducted at Grantee's expense by a qualified engineer selected by
City and Grantee, and Grantee shall cooperate in such testing.
6. Drop Testinf.! and Replacement. Grantee shall insert a 750 MHz carrier at a level
lOdb below the video carriers that will be measured by Grantee as a normal
procedure during all service calls. In addition, the Drops and related passive
equipment will be inspected during Installations to assure tl1at tl1e Drop and passive
equipment can pass the full 750 MHz System capacity. In the event measurement
of the carrier or the inspection demonstrate that a Drop or associated passive
equipment do not pass the full 750 MHz, the Subscriber address will be recorded
by Grantee and Grantee shall provide City, or its designee, upon request a report
. indicating the addresses where Drops or associated passive equipment have failed.
Grantee shall replace all failing Drops and/or associated passive equipment at the
13
I
. tinle the address upgrades service to a level which requires a signal above tl1e 550
MHz spectrum at no separate charge to the individual subscriber.
7. FCC Reports. The results of any tests required to be filed by Grantee with tl1e
FCC shall upon request of City also be filed witl1 the City or its designee within
ten (10) days of the conduct of such tests.
8. Interconnection. The System servicing tl1e Cities of Arden Hills, Falcon Heights,
Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville,
St. Anthony, and Shoreview shall continue to be completely interconnected. In
addition, Grantee shall make available for interconnection purposes one (1) six (6)
MHz channel for forward video purposes, one (1) six (6) MHz channel for return
video purposes, one (1) six (6) MHz channel for forward data or other purposes,
and one (I) six (6) MHz channel for return data or other purposes between all
Systems adjacent to tl1e North Suburban System and under common ownership witl1
Grantee.
9. Nonvoice Return Capability. Grantee is required to use cable and associated
electronics having the technical capacity for nonvoice return communications.
10. Lockout Device. Upon tl1e request of a Subscriber, Grantee shall make available
. a Lockout Device at no additional charge to Subscribers.
SECTION 5.
SERVICE PROVISIONS
1. Regulation of Service Rates.
a. The City may regulate rates for tl1e provision of Cable Service, equipment,
or any otl1er communications service provided over tl1e System to the extent
allowed under federal or state law(s). City reserves the right to regulate
rates for any future services to the extent permitted by law.
b. Grantee shall give City and Subscribers written notice of any change in a
rate or charge at least one billing cycle prior to the effective date of the
change. Bills must be clear, concise, and understandable, with itemization
of all charges.
2. Non-Standard Installations. Grantee shall install and provide Cable Service to any
Person requesting other than a Standard Installation provided that said Cable
Service can meet FCC technical specifications and all payment and policy
obligations are met. In such case, Grantee may charge for tl1e incremental increase
. in material and labor costs incurred beyond tl1e Standard Installation.
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. 3. Sales Procedures. Grantee shall not exercise deceptive sales procedures when
marketing any of its services within City. In its initial communication or contact
with a non-Subscriber and in all general solicitation materials marketing the
Grantee or its services as a whole, Grantee shall inform the non-Subscriber of all
levels of service available, including the lowest priced and free service tiers.
Grantee shall have the right to market door-to-door during reasonable hours
consistent witl1local ordinances and regulation.
4. Suhscriber InQlliry and Complaint Procedures.
a. Grantee shall have a publicly listed toll-free telephone number which shall
be operated so as to receive Subscriber complaints and requests on a
twenty-four (24) hour-a-day, seven (7) days-a-week, 365 days a year basis.
During normal business hours, trained representatives of Grantee shall be
available to respond to Subscriber inquiries.
b. Grantee shall maintain adequate numbers of telephone lines and personnel
to respond in a timely manner to schedule service calls and answer
Subscriber complaints or inquiries in a manner consistent with regulations
adopted by the FCC and City where applicable and lawful. Under normal
operating conditions, telephone answer time by a customer representative,
- including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, transfer time shall
not exceed thirty (30) seconds. These standards shall be met no less than
ninety (90) percent of the time under normal operating conditions,
measured on a quarterly basis. Under normal operating conditions, the
customer will receive a busy signa11ess than three (3) percent of the time.
Grantee shall respond to written complaints with copy to City or its
designee within thirty (30) days.
c. Subject to Grantee's obligations pursuant to law regarding privacy of
certain information, Grantee shall prepare and maintain written records of
all complaints received from City and the resolution of such complaints,
including tl1e date of such resolution. Such written records shall be on file
at the office of Grantee. Grantee shall provide City witl1 a written
summary of such complaints and tl1eir resolution upon request of City. As
to Subscriber complaints, Grantee shall comply with FCC record-keeping
regulations, and make tl1e results of such record-keeping available to City
upon request.
d. Subscriber requests for repairs shall be performed within thirty-six (36)
hours of the request unless conditions beyond the control of Grantee
prevent such performance. Grantee may schedule appointments for
. Installations and other service call eitl1er at a specific time or, at a
maximum, during a four hour time block during normal business hours.
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. Grantee may also schedule service calls outside normal business hours for
the convenience of customers. Grantee shall use its best efforts to not
cancel an appointment with a customer after tl1e close of business on the
business day prior to the scheduled appointment. If the installer or
technician is late and will not meet the specified appointment time, he/she
must use his/her best efforts to contact the customer and reschedule the
appointment at the sole convenience of the customer. Service call
appointments must be met in a manner consistent with FCC standards.
5. Subscriber Contracts. Grantee shall file with City any standard form Subscriber
contract utilized by Grantee. If no such written contract exists, Grantee shall file
with the City a document completely and concisely stating the lengtl1 and terms of
the Subscriber contract offered to customers. The length and terms of any
Subscriber contract(s) shall be available for public inspection during normal
business hours.
6. Refund Policy. In the event a Subscriber establishes or terminates service and
receives less tl1an a full month's service, Grantee shall prorate tl1e monthly rate on
tl1e basis of tl1e number of days in tl1e period for which service was rendered to the
number of days in the billing.
. 7. Late Fees. Fees for the late payment of bills shall not be assessed until after the
service has been fully provided and, as of the due date of the bill notifying
Subscriber of an unpaid balance, the bill remains unpaid. Late Fees may not
exceed the actual costs to Grantee of late payment of bills and the servicing and
collecting of such accounts.
8. Office Po1icv. Grantee shall maintain a location in City or tl1e Franchise territory
encompassing any joint regulatory body of which City is a Member for receiving
Subscriber inquiries and bill payments. The location must be staffed by a person
capable of receiving inquiries and bill payments. In addition, Grantee shall
maintain a local drop box for receiving Subscriber payments after hours.
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS
1. Public Educational and Government Access.
a. City or its designee is hereby designated to operate, administer, promote,
and manage access (public, education, and government progran1lliing)
(hereinafter "PEG access") progran1lliing on tl1e Cable System.
. b. Grantee shall dedicate 12 channel(s) for PEG access and community
programming use in accordance with tl1e Proposal. All residential
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I
. Subscribers who receive all or any part of the total services offered on the
System shall be eligible to receive such channels at no additional charge.
The channel(s) shall be activated upon the effective date of this Franchise
and thereafter maintained. City may rename, reprogram, or otl1erwise
change the use of these channels in its sole discretion, provided such use
is non-commercial, lawful, and retains the general purpose of the provision
of community programming. Nothing herein shall diminish the City's
rights to secure additional channels pursuant to Minn. Stat. !l 238.084,
which is expressly incorporated herein by reference. City shall provide
ninety (90) days prior written notice to Grantee of City's intent to activate
access channels.
c. Each public and government access channel(s) required by this Section
shall retain the channel designation/number it had as of the commencement
of this Franchise term. Grantee may not move or otherwise change tl1e
channel number or location of any public or government access or
community program channel witl10ut tl1e written approval of the City or its
designee. Upon six (6) months notice to City, any other access channel
may be moved by Grantee, but in no event more than once every two (2)
years unless otherwise allowed by City, provided Grantee pays all
reasonable costs or expenses arising out of tl1e channel move including, but
t not limited to, equipment necessary to effect the change at tl1e
programmer's production or receiving facility (school frequency routing
equipment, etc.), signage, letterhead, business cards, and reasonable
marketing or other constituency notification costs. In any event, those
access channels carried on tl1e universal service tier pursuant to the MOD
shall remain on the universal service tier. This paragraph shall not apply
to Regional Channel 6.
2. Char~es for Use. Channel tinle and playback of prerecorded programming on tl1e
PEG access and community program channe1(s) must be provided without charge
to City and the public.
3. Access Rules. City, or its designee, shall implement rules for use of any access
channel(s).
4. Access SUDDort. Grantee shall continue to be obligated pursuant to the MOU, and
shall additionally provide $667,286.00 over the term of this Franchise for tl1e
acquisition of new equipment according to the schedule in Exhibit A attached.
5. Studio Relocation. In addition to the agreement between the City and Grantee
regarding tl1e Nortl1 Suburbs Access Corporation relocation pursuant to the access
transfer agreement, the following shall apply: If N ortl1 Suburbs Access
. Corporation expends, with Grantee's express written consent which may not be
unreasonably withheld, over $1,000.00 to remodel or renovate its leasehold in a
17
. twelve (12) month period and Grantee thereafter requires North Suburbs Access
Corporation to move studio locations, Grantee shall reimburse North Suburbs
Access Corporation 100 % of its expenditures if tl1e request to move is within one
(1) year of the expense of North Suburbs Access Corporation. Said reimbursement
shall be decreased by 20 % for each year tl1e expense was incurred prior to the date
North Suburbs Access Corporation is required to move.
6. Ref.!ional Channel 6. Grantee shall designate standard VHF Channel 6 for uniform
regional channel usage.
7. State and Federal Law compliance. Satisfaction of tl1e requirements of this Section
6 satisfies any and all of Grantee's state and federal law requirements of Grantee
with respect to PEG access.
SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS
1. Ca\lacitv.
a. Grantee shall provide an Institutional Network with 54 channel capacity (16
~ upstream channels and 38 downstream channels) in the 5-450 MHz
spectrum, all in accordance with tl1e Proposal. All institutions designated
on Exhibit B attached hereto and made a part hereof shall be connected to
the Institutional Network along with any new City Hall which may be
constructed by City or to which City may otherwise move its government
offices or City Council meeting locations. Otl1er public or educational
institutions subsequently designated by City shall be connected to tl1e
Institutional Network if the designated institution is located less than five
hundred (500) feet from the existing Institutional Network, or if such
designated institution agrees to reimburse Grantee for Grantee's actual costs
in excess of the five hundred (500) foot installation actual costs.
b. All institutions designated on Exhibit B attached shall be allowed to make
use of the full channel capacity for video uses at no charge. The
institutions designated on Exhibit B attached may make use of tlrree (3)-6
MHz channels downstream and three (3)-6 MHz channels upstream for
non-video uses at no charge.
c. Grantee shall construct and thereafter maintain fiber optics to tl1e
Institutional Network nodes which shall include two (2) fibers to transmit
tl1e fifty-four (54) channels required in subparagraph a. above, and four (4)
additional fibers which are expressly for tl1e use of the institutions listed in
. Exhibit B.
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. Charges to designated institutions for non-video use of the channels other
than tl1e six (6) non-video dedicated channels (three (3) upstream and thtee
(3) downstream) on tl1e Institutional Network required in subparagraph a.
above shall be calculated based on Grantee's actual cost plus a 45 % margin
or the "most favored comparable user rate" , whichever is lower. Charges
to tl1e designated institutions for video or non-video use of tl1e six (6) fibers
provided to tl1e Institutional Network nodes shall be calculated based only
upon Grantee's incremental actual cost for providing tl1e additional six (6)
fibers.
Use of the Institutional Network by a designated institution is limited to its
own use(s) and no institution may sell Institutional Network capacity or
usage to any third party, witl10ut the express written consent of Grantee.
2. Grantee's Use of Cavacitv. Grantee may use available capacity on the fifty-four
(54) channel Institutional Network required in Paragraph 1a. above for other uses
including commercial uses, provided, however, fuat usage of seventy-five percent
(75 %) of such capacity by designated institutions shall have priority over other
uses subject to rules or policies adopted by Grantee and approved in advance by
City. Further, should City determine that any portion of Grantee's use of tl1e
twenty-five percent (25 %) should be terminated to accomodate tl1e use by a
~ designated institution for video purposes, City may direct that Grantee terminate
its use at the expiration of any third party use contract or three (3) years,
whichever is sooner.
3. End-User Equipment.
a. Designated institutions shall be generally responsible for providing their
own end-user equipment. However, Grantee shall provide at no charge
twenty (20) new modulators for City and/or designated institutions use of
the Institutional Network, all as approved by the City.
b. With respect to non-video end-user equipment, upon request by a
designated institution, Grantee must either lease tl1e equipment requested
to the requesting institution or make reasonable efforts to arrange for tl1e
lease of such equipment. Within 30 days of a written request, Grantee
must notify tl1e requesting institution in writing of its ability or inability to
lease the requested equipment and tl1e terms of such lease. The City, its
designee, or the requesting institution may purchase or lease the equipment
from any vendor.
c. In addition, Grantee will provide standby power for the Institutional
Network, provide fifteen (15) new pilot generators, re-tune ten (10)
. existing return pilot generators, and re-tune one hundred twenty-four 124
existing return amplifiers.
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I
. 4. Service Standards. Grantee shall maintain those technical and performance
standards as are detailed in Exhibit D attached. Grantee shall provide the City, or
its designee, upon request with reports of the performance of tl1e I-Net and
Grantee's compliance with the technical and performance standards.
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS
1. Administration of Franchise. The City Administrator or other designee shall have
continuing regulatory jurisdiction and supervision over the System and tl1e
Grantee's operation under the Franchise. The City, or its designee, may issue such
reasonable rules and regulations concerning the construction, operation and
maintenance of the System as are consistent with the provisions of the Franchise
and law.
2. De1eg-ated Authority. The City may appoint a citizen advisory body or a Joint
Powers Commission, or may delegate to any other body or Person authority to
administer the Franchise and to monitor the performance of the Grantee pursuant
to the Franchise. Grantee shall cooperate with any such delegatee of City.
~ 3. Franchise Fee.
a. During tl1e term of the Franchise, Grantee shall pay quarterly to City or its
delegatee a Franchise Fee in an amount equal to five percent (5 %) of its
quarterly Gross Revenues, or such otl1er amounts as are subsequently
permitted by federal statute.
b. Any payments due under this provision shall be payable quarterly. The
payment shall be made within thirty (30) days of the end of each of
Grantee's fiscal quarters together with a report showing the basis for the
computation.
c. All amounts paid shall be subject to audit and recomputation by City and
acceptance of any payment shall not be construed as an accord that the
amount paid is in fact the correct amount.
4. Access to Records. The City shall have the right to inspect, upon reasonable
notice and during normal business hours, or require Grantee to provide within a
reasonable time copies of any records maintained by Grantee which relate to
System operations including specifically Grantee's accounting and financial
records.
.
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. 5. Reports and Maps to be Filed with City.
a. Grantee shall file with the City, at the time or payment of the Franchise
Fee, a report of all Gross Revenues in form and substance as required by
City.
b. Grantee shall prepare and furnish to City, at tl1e tinles and in the form
prescribed, such other reasonable reports with respect to Grantee's
operations pursuant to tl1is Franchise as City may require.
c. If required by City, Grantee shall furnish to and file with City
Administrator the maps, plats, and permanent records of the location and
character of all facilities constructed, including underground facilities, and
Grantee shall file with City updates of such maps, plats and permanent
records annually if changes have been made in the System.
6. Periodic Evaluation.
a. The City may require evaluation sessions at any time during tl1e term of
this Franchise, upon fifteen (15) days written notice to Grantee.
. b. Topics which may be discussed at any evaluation session may include, but
are not limited to, application of new technologies, System performance,
programming offered, access channels, facilities and support, municipal
uses of cable, subscriber rates, customer complaints, amendments to this
Franchise, judicial rulings, FCC rulings, line extension policies and any
other topics City deems relevant.
c. As a result of a periodic review or evaluation session, upon notification
from City, Grantee shall meet witl1 city and undertake good faith efforts to
reach agreement on changes and modifications to the terms and conditions
of tl1e Franchise which are both economically and technically feasible.
SECTION 9.
GENERAL FINANCIAL AND INSURANCE PROVISIONS
1. Performance Bond.
a. At tl1e tinle the Franchise becomes effective and at all times tl1ereafter, until
tl1e Grantee has liquidated all of its obligations witl1 City, the Grantee shall
furnish a bond to City in the amount of $500,000.00 in a form and with
such sureties as reasonably acceptable to City. This bond will be
. conditioned upon the faithful performance by the Grantee of its Franchise
obligations and upon the furtl1er condition tl1at in the event the Grantee
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. shall fail to comply with any law, ordinance or regulation governing the
Franchise, there shall be recoverable jointly and severally from the
principal and surety of the bond any damages or loss suffered by City as a
result, including the full amount of any compensation, indemnification or
cost of removal or abandonment of any property of the Grantee, plus a
reasonable allowance for attorneys' fees and costs, up to the full amount of
the bond, and further guaranteeing payment by tl1e Grantee of clainls, liens
and taxes due City which arise by reason of tl1e construction, operation, or
maintenance of the System. The rights reserved by City with respect to tl1e
bond are in addition to all other rights City may have under the Franchise
or any other law. City may, from year to year, in its sole discretion,
reduce the amount of tl1e bond.
b. The tinle for Grantee to correct any violation or liability, shall be extended
by City if tl1e necessary action to correct such violation or liability is, in tl1e
sole determination of City, of such a nature or character as to require more
than thirty (30) days within which to perform, provided Grantee provides
written notice that it requires more tl1an thirty (30) days to correct such
violations or liability, commences the corrective action witl1in the thirty
(30) days period and tl1ereafter uses reasonable diligence to correct the
violation or liability.
. c. In tl1e event this Franchise is revoked by reason of default of Grantee, City
shall be entitled to collect from the performance bond that amount which
is attributable to any damages sustained by City as a result of said default
or revocation.
d. Grantee shall be entitled to the return of the performance bond, or portion
thereof, as remains sixty (60) days after the expiration of the term of the
Franchise or revocation for default thereof, provided City has not notified
Grantee of any actual or potential damages incurred as a result of Grantee's
operations pursuant to the Franchise or as a result of said default.
e. The rights reserved to City with respect to the performance bond are in
addition to all other rights of City whether reserved by this Franchise or
authorized by law, and no action, proceeding or exercise of a right with
respect to the performance bond shall affect any otl1er right City may have.
2. Letter of Credit.
a. At the time of acceptance of this Franchise, Grantee shall deliver to City
an irrevocable and unconditional Letter of Credit, in form and substance
acceptable to City, from a National or State bank approved by City, in the
. amount of $25,000.00.
22
. b. The Letter of Credit shall provide that funds will be paid to City, upon
written demand of City, and in an amount solely determined by City in
payment for penalties charged pursuant to this Section, in payment for any
monies owed by Grantee to City or any person pursuant to its obligations
under this Franchise, or in payment for any damage incurred by City or
any person as a result of any acts or omissions by Grantee pursuant to this
Franchise.
c. In addition to recovery of any monies owed by Grantee to City or any
person or damages to City or any person as a result of any acts or
omissions by Grantee pursuant to tl1e Franchise, City in its sole discretion
may charge to and collect from tl1e Letter of Credit tl1e following penalties:
i. For failure to tinlely complete System upgrades as provided in this
Franchise unless City approves the delay, the penalty shall be
$500.00 per day for each day, or part thereof, such failure occurs
or continues.
ii. For failure to provide data, documents, reports or information or to
cooperate witl1 City during an application process or system review
or as otl1erwise provided herein, the penalty shall be $250.00 per
. day for each day, or part tl1ereof, such failure occurs or continues.
111. Fifteen (15) days following notice from City of a failure of Grantee
to comply witl1 construction, operation or maintenance standards,
the penalty shall be $500.00 per day for each day, or part thereof,
such failure occurs or continues.
iv. For failure to provide the services Grantee has proposed, including,
but not limited to, tl1e inlp1ementation and the utilization of the
access channels and the maintenance and/or replacement of the
equipment and otl1er facilities, the penalty shall be $500.00 per day
for each day, or part thereof, such failure occurs or continues.
v. For Grantee's breach of any written contract or agreement with or
to tl1e City or its designee, tl1e penalty shall be $500.00 per day for
each day, or part thereof, such breach occurs or continues.
vi. For failure to comply witl1 any of the provisions of this Franchise,
or otl1er City ordinance for which a penalty is not otherwise
specifically provided pursuant to tl1is paragraph c, the penalty shall
be $250.00 per day for each day, or part thereof, such failure
occurs or continues.
.
23
. d. Each violation of any provision of tl1is Franchise shall be considered a
separate violation for which a separate penalty can be imposed.
e. Whenever City finds that Grantee has violated one or more terms,
conditions or provisions of this Franchise, or for any other violation
contemplated in Subparagraph c. above, a written notice shall be given to
Grantee informing it of such violation. At any time after thirty (30) days
(or such longer reasonable time which, in tl1e sole determination of City,
is necessary to cure the alleged violation) following local receipt of notice,
provided Grantee remains in violation of one or more terms, conditions or
provisions of this Franchise, in the sole opinion of City, City may draw
from tl1e Letter of Credit all penalties and otl1er monies due City from tl1e
date of tl1e local receipt of notice.
f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven
(7) days of such draw, notify City in writing that tl1ere is a dispute as to
whether a violation or failure has in fact occurred. Such written notice by
Grantee to City shall specify with particularity the matters disputed by
Grantee. All penalties shall continue to accrue and City may continue to
draw from the Letter of Credit during any appeal pursuant to this
subparagraph f.
. i. City shall hear Grantee's dispute within sixty (60) days and render
a final decision witl1in sixty (60) days thereafter.
ii. Upon the determination of City that no violation has taken place,
City shall refund to Grantee, witl10ut interest, all monies drawn
from the Letter of Credit by reason of the alleged violation.
g. If said Letter of Credit or any subsequent Letter of Credit delivered
pursuant tl1ereto expires prior to thirty (30) montl1s after the expiration of
the term of this Franchise, it shall be renewed or replaced during the term
of this Franchise to provide that it will not expire earlier tl1an tl1irty (30)
montl1s after the expiration of tl1is Franchise. The renewed or replaced
Letter of Credit shall be of the same form and with a bank authorized
herein and for the full amount stated in Paragraph A of this Section.
h. If City draws upon the Letter of Credit or any subsequent Letter of Credit
delivered pursuant hereto, in whole or in part, Grantee shall replace or
replenish to its full amount tl1e same witl1in ten (10) days and shall deliver
to City a like replacement Letter of Credit or certification of replenishment
for the full amount stated in Section 9.2 (a) as a substitution of the previous
Letter of Credit. This shall be a continuing obligation for any draws upon
. the Letter of Credit.
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. i. If any Letter of Credit is not so replaced or replenished, City may draw on
said Letter of Credit for the whole amount tl1ereof and use the proceeds as
City determines in its sole discretion. The failure to replace or replenish
any Letter of Credit may also, at tl1e option of tl1e City, be deemed a
default by Grantee under this Franchise. The drawing on tl1e Letter of
Credit by City, and use of tl1e money so obtained for payment or
performance of the obligations, duties and responsibilities of Grantee which
are in default, shall not be a waiver or release of such default.
J. The collection by City of any damages, monies or penalties from the Letter
of Credit shall not affect any other right or remedy available to City, nor
shall any act, or failure to act, by City pursuant to the Letter of Credit, be
deemed a waiver of any right of City pursuant to this Franchise or
otherwise.
3. Indemnification of City.
a. City, its officers, boards, committees, commissions, elected officials,
employees and agents shall not be liable for any loss or damage to any real
or personal property of any Person, or for any injury to or deatl1 of any
Person, arising out of or in connection with Grantee's construction,
. operation, maintenance, repair or removal of the System or as to any other
action of Grantee with respect to tl1is Franchise.
b. Grantee shall indenmify, defend, and hold harmless City, its officers,
boards, committees, commissions, elected officials, employees and agents,
from and against all liability, damages, and penalties which they may
legally be required to pay as a result of tl1e City's exercise, administration,
or enforcement of the Franchise.
c. Nothing in this Franchise relieves a Person, except City, from liability
arising out of the failure to exercise reasonable care to avoid injuring the
Grantee's facilities while performing work connected witl1 grading,
regarding, or changing tl1e line of a Right-of-Way or public place or with
the construction or reconstruction of a sewer or water system.
4. Insurance.
a. As a part of the indemnification provided in Section 8.3, but without
limiting the foregoing, Grantee shall file with City at the time of its
acceptance of this Franchise, and at all times tl1ereafter maintain in full
force and effect at its sole expense, a comprehensive general liability
insurance policy, including broadcaster' sf cablecaster' s liability and
. contractual liability coverage, in protection of tl1e Grantee, and the City,
its officers, elected officials, boards, commissions, agents and employees
25
. for any and all damages and penalties which may arise as a result of this
Franchise. The policy or policies shall name the City as an additional
insured, and in their capacity as such, City officers, elected officials,
boards, commissions, agents and employees.
b. The policies of insurance shall be in tl1e sum of not less tl1an $1,000,000.00
for personal injury or death of anyone Person, and $2,000,000.00 for
personal injury or death of two or more Persons in anyone occurrence,
$500,000.00 for property damage to anyone person and $2,000,000.00 for
property damage resulting from anyone act or occurrence.
c. The policy or policies of insurance shall be maintained by Grantee in full
force and effect during the entire term of tl1e Franchise. Each policy of
insurance shall contain a statement on its face that the insurer will not
cancel the policy or fail to renew the policy, whether for nonpayment of
premium, or otl1erwise, and whetl1er at tl1e request of Grantee or for other
reasons, except after sixty (60) days advance written notice have been
provided to City.
SECTION 10.
. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
1. City's Rill'ht to Revoke.
a. In addition to all other rights which City has pursuant to law or equity, City
reserves tl1e right to commence proceedings to revoke, terminate or cancel
this Franchise, and all rights and privileges pertaining thereto, if it is
determined by City that:
i. Grantee has violated material provisions(s) of this Franchise; or
11. Grantee has attempted to evade any of tl1e provisions of the
Franchise; or
Ill. Grantee has practiced fraud or deceit upon City.
City may revoke this Franchise without the hearing required by 9.2(b)
herein if Grantee is adjudged a bankrupt.
2. Procedures for Revocation.
a. City shall provide Grantee with written notice of a cause for revocation and
. tl1e intent to revoke and shall allow Grantee thirty (30) days subsequent to
receipt of tl1e notice in which to correct the violation or to provide adequate
26
. assurance of performance in compliance with tl1e Franchise. In the notice
required herein, City shall provide Grantee with the basis of the revocation.
b. Grantee shall be provided tl1e right to a public hearing affording due
process before the City Council prior to the effective date of revocation,
which public hearing shall follow the thirty (30) day notice provided in
subparagraph (a) above. City shall provide Grantee with written notice of
its decision together with written findings of fact supplementing said
decision.
c. Only after the public hearing and upon written notice of the determination
by City to revoke tl1e Franchise may Grantee appeal said decision witl1 an
appropriate state or federal court or agency.
d. During the appeal period, the Franchise shall remain in full force and effect
unless the term thereof sooner expires or unless continuation of the
Franchise would endanger the health, safety and welfare of any person or
the public.
3. Abandonment of Service. Grantee may not abandon the System or any portion
tl1ereof without having first given three (3) months written notice to City. Grantee
. may not abandon the System or any portion tl1ereof witl10ut compensating City for
damages resulting from the abandonment, including all costs incident to removal
of tl1e System.
4. Removal After Abandonment. Termination or Forfeiture.
a. In tl1e event of termination or forfeiture of the Franchise or abandonment
of the System, City shall have the right to require Grantee to remove all or
any portion of the System from all Rights-of-Way and public property
within City.
b. If Grantee has failed to commence removal of System, or such part thereof
as was designated by City, within tl1irty (30) days after written notice of
City's demand for removal is given, or if Grantee has failed to complete
such removal within twelve (12) months after written notice of City's
demand for removal is given, City shall have the right to apply funds
secured by the Letter of Credit and Performance Bond toward removal
and/or declare all right, title, and interest to the System to be in City with
all rights of ownership including, but not 1in1ited to, tl1e right to operate the
System or transfer the System to another for operation by it.
.
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. 5. Sale or Transfer of Franchise.
a. No sale or transfer of the Franchise, or sale, transfer, or fundamental
corporate change of or in Grantee, including, but not 1inlited to, a
fundamental corporate change in Grantee's parent corporation or any entity
having a controlling interest in Grantee, tl1e sale of a controlling interest in
the Grantee's assets, a merger including the merger of a subsidiary and
parent entity, consolidation, or the creation of a subsidiary or affiliate
entity, shall take place until a written request has been filed with City
requesting approval of the sale, transfer, or corporate change and such
approval has been granted or deemed granted, provided, however, tl1at said
approval shall not be required where Grantee grants a security interest in
its Franchise and/or assets to secure an indebtedness.
b. Any sale, transfer, exchange or assignment of stock in Grantee, or
Grantee's parent corporation or any other entity having a controlling
interest in Grantee, so as to create a new controlling interest tl1erein, shall
be subject to tl1e requirements of tl1is Section 10.5. The term "controlling
interest" as used herein is not 1inlited to majority stock ownership, but
includes actual working control in whatever manner exercised. In any
event, as used herein, a new "controlling interest" shall be deemed to be
. created upon the acquisition through any transaction or group of
transactions of a legal or beneficial interest of fifteen percent (15 %) or
more by one Person. Acquistion by one Person of an interest of five
percent (5 %) or more in a single transaction shall require notice to City.
c. The Grantee shall file, in addition to all documents, forms and information
required to be filed by applicable law, the following:
1. All contracts, agreements or other documents that constitute the
proposed transaction and all exhibits, attachments, or other
documents referred to therein which are necessary in order to
understand the terms thereof.
2. A list detailing all documents filed with any state or federal agency
related to tl1e transaction including, but not limited to, the MPUC,
the FCC, tl1e FTC, the FEC, tl1e SEC or MnDOT. Upon request,
Grantee shall provide City with a complete copy of any such
document; and
3. Any otl1er documents or information related to tl1e transaction as
may be specifically requested by tl1e City.
. d. City shall have such tinle as is permitted by federal law in which to review
a transfer request.
28
----- -..------ j
. e. The Grantee shall reimburse City for all the legal, administrative, and
consulting costs and fees associated with the City's review of any request
to transfer. Nothing herein shall prevent Grantee from negotiating partial
or complete payment of such costs and fees by tl1e transferee. Grantee may
not itemize any such reimbursement on Subscriber bills, but may recover
such expenses in its subscriber rates.
f. In no event shall a sale, transfer, corporate change, or assignment of
ownership or control pursuant to subparagraph (a) or (b) of this Section be
approved witl10ut tl1e transferee becoming a signatory to this Franchise and
assuming all rights and obligations thereunder, and assuming all other
rights and obligations of the transferor to the City including, but not limited
to, any adequate guarantees or otl1er security instruments provided by tl1e
transferor.
g. In the event of any proposed sale, transfer, corporate change, or assignment
pursuant to subparagraph (a) or (b) of this Section, City shall have the right
to purchase the System for tl1e value of the consideration proposed in such
transaction. City's right to purchase shall arise upon City's receipt of
notice of tl1e material terms of an offer or proposal for sale, transfer,
corporate change, or assignment, which Grantee has accepted. Notice of
. such offer or proposal must be conveyed to City in writing and separate
from any general announcement of tl1e transaction.
h. City shall be deemed to have waived its right to purchase the System
pursuant to tl1is Section only in the following circumstances:
1. If City does not indicate to Grantee in writing, witl1in sixty (60)
days of receipt of written notice of a proposed sale, transfer,
corporate change, or assignment as contemplated in Section 10.5 (g)
above, its intention to exercise its right of purchase; or
11. lt approves the assignment or sale of the Franchise as provided
within this Section.
1. No Franchise may be transferred if City determines Grantee is in
noncompliance of the Franchise unless an acceptable compliance program
has been approved by City. The approval of any transfer of ownership
pursuant to tl1is Section shall not be deemed to waive any rights of City to
subsequently enforce noncompliance issues relating to tl1is Franchise even
if such issues predated the approval, whether known or unknown to City.
.
29
. SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS
1. Discrinlinatory Practices Prohibited. Grantee shall not deny service, deny access,
or otherwise discrinlinate against Subscribers or general citizens on the basis of
race, color, religion, national origin, sex, age, status as to public assistance,
affectional preference, or disability. Grantee shall comply at all times witl1 all
otl1er applicable federal, state, and city laws, and all executive and administrative
orders relating to nondiscrimination.
2. Subscriber Privacy.
a. No signals including signals of a Class IV Channel may be transmitted from
a Subscriber terminal for purposes of monitoring individual viewing
patterns or practices without tl1e express written permission of the
Subscriber. Such written permission shall be for a limited period of time
not to exceed one (1) year which may be renewed at the option of the
Subscriber. No penalty shall be invoked for a Subscriber's failure to
provide or renew such authorization. The authorization shall be revocable
at any time by the Subscriber without penalty of any kind whatsoever.
. Such permission shall be required for each type or classification of Class
IV Channel activity planned for the purpose of monitoring individual
viewing patterns or practices.
b. No lists of tl1e names and addresses of Subscribers or any lists that identify
tl1e viewing habits of Subscribers shall be sold or otherwise made available
to any party other than to Grantee or its agents for Grantee's service
business use or to City for the purpose of Franchise administration, and
also to the Subscriber subject of that information, unless Grantee has
received specific written authorization from the Subscriber to make such
data available. Such written permission shall be for a limited period of
tinle not to exceed one (1) year which may be renewed at tl1e option of tl1e
Subscriber. No penalty shall be invoked for a Subscriber's failure to
provide or renew such authorization. The autl1orization shall be revocable
at any tinle by the Subscriber witl10ut penalty of any kind whatsoever.
c. Written permission from the Subscriber shall not be required for the
conducting of System wide or individually addressed electronic sweeps for
tl1e purpose of verifying System integrity or monitoring for the purpose of
billing. Confidentiality of such information shall be subject to tl1e
provision set forth in subparagraph (h) of this Section.
.
30
. SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for
any firm, Person, group, company, corporation, or governmental body or agency,
without the express consent of the Grantee, to make or possess, or assist anybody
in making or possessing, any unauthorized connection, extension, or division,
whether physically, acoustically, inductively, electronically or otherwise, with or
to any segment of tl1e System or receive services of the System without Grantee's
authorization.
2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person,
group, company, or corporation to willfully interfere, tamper, remove, obstruct,
or damage, or assist thereof, any part or segment of the System for any purpose
whatsoever, except for any rights City may have pursuant to tl1is Franchise or its
police powers.
3. Penalty. Any firm, Person, group, company, or corporation found guilty of
violating tl1is section may be fined not less than Twenty Dollars ($20.00) and the
costs of the action nor more than Five Hundred Dollars ($500.00) and tl1e costs of
. the action for each and every subsequent offense. Each continuing day of the
violation shall be considered a separate occurrence.
SECTION 13.
MISCELLANEOUS PROVISIONS
1. Franchise Renewal. Any renewal of tl1is Franchise shall be performed in
accordance with applicable federal, state and local laws and regulations. The term
of any renewed Franchise shall be limited to a period not to exceed fifteen (15)
years.
2. W ork Performed by Otl1ers. All applicable obligations of this Franchise shall
apply to any subcontractor or otl1ers performing any work or services pursuant to
the provisions of this Franchise, however, in no event shall any such subcontractor
or other performing work obtain any rights to maintain and operate a System or
provide Cable Service. Grantee shall provide notice to City of the name(s) and
addressees) of any entity, other tl1an Grantee, which performs substantial services
pursuant to tl1is Franchise.
3. Amendment of Franchise Ordinance. Grantee and City may agree, from time to
time, to amend this Franchise. Such written amendments may be made subsequent
. to a review session pursuant to Section 7.5 or at any other tinle if City and Grantee
agree that such an amendment will be in the public interest or if such an
31
. amendment is required due to changes in federal, state or loca11aws. Provided,
however, nothing herein shall restrict City's exercise of its police powers or City's
autl10rity to unilaterally amend Franchise provisions to the extent permitted by law.
4. Compliance witl1 Federal State and Local Laws.
a. If any federal or state law or regulation shall require or permit City or
Grantee to perform any service or act or shall prohibit City or Grantee
from performing any service or act which may be in conflict witl1 the terms
of tl1is Franchise, tl1en as soon as possible following knowledge tl1ereof,
eitl1er party shall notify tl1e other of the point in conflict believed to exist
between such law or regulation. Grantee and City shall conform to state
laws and rules regarding cable communications not later tl1an one year after
tl1ey become effective, unless otherwise stated, and to conform to federal
laws and regulations regarding cable as tl1ey become effective.
b. If any term, condition or provision of this Franchise or the application
tl1ereof to any Person or circumstance shall, to any extent, be held to be
invalid or unenforceable, tl1e remainder hereof and the application of such
term, condition or provision to Persons or circumstances other than those
as to whom it shall be held invalid or unenforceable shall not be affected
. thereby, and this Franchise and all the terms, provisions and conditions
hereof shall, in all other respects, continue to be effective and complied
with provided the loss of the invalid or unenforceable clause does not
substantially alter the agreement between the parties. In tl1e event such
law, rule or regulation is subsequently repealed, rescinded, amended or
otherwise changed so that the provision which had been held invalid or
modified is no longer in conflict witl1 tl1e law, rules and regulations tl1en in
effect, said provision shall thereupon return to full force and effect and
shall thereafter be binding on Grantee and City.
5. Nonenforcement by City. Grantee shall not be relieved of its obligations to comply
with any of the provisions of this Franchise by reason of any failure or delay of
City to enforce prompt compliance. City may only waive its rights hereunder by
expressly so stating in writing. Any such written waiver by City of a breach or
violation of any provision of tl1is Franchise shall not operate as or be construed to
be a waiver of any subsequent breach or violation.
6. Rights Cumulative. All rights and remedies given to City by this Franchise or
retained by City herein shall be in addition to and cumulative with any and all
otl1er rights and remedies, existing or inlplied, now or hereafter available to City,
at law or in equity, and such rights and remedies shall not be exclusive, but each
and every right and remedy specifically given by this Franchise or otherwise
. existing or given may be exercised from time to tinle and as often and in such
order as may be deemed expedient by City and tl1e exercise of one or more rights
32
. or remedies shall not be deemed a waiver of tl1e right to exercise at the same time
or thereafter any otl1er right or remedy.
7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it
has had an opportunity to review tl1e terms and conditions of this Franchise and
that under current law Grantee believes that said terms and conditions are not
umeasonable or arbitrary, and that Grantee believes City has the power to make
tl1e terms and conditions contained in this Franchise.
SECTION 14.
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
1. Publication: Effective Date. This Franchise shall be published in accordance witl1
applicable local and Minnesota law. The Effective Date of this Franchise shall be
the date of acceptance by Grantee in accordance with the provisions of Section
14.2.
2. Acceptance.
a. Grantee shall accept this Franchise witl1in sixty (60) of its enactment by tl1e
. City Council, unless the time for acceptance is extended by City. Such
acceptance by the Grantee shall be deemed tl1e grant of tl1is Franchise for
all purposes provided, however, this Franchise shall not be effective until
all City ordinance adoption procedures are complied witl1 and all applicable
timelines have run for the adoption of a City ordinance. In the event
acceptance does not take place, or should all ordinance adoption procedures
and timelines not be completed, this Franchise and any and all rights
granted hereunder to Grantee shall be null and void.
b. Upon acceptance of tl1is Franchise, Grantee and City shall be bound by all
tl1e terms and conditions contained herein.
c. Grantee shall accept this Franchise in the following manner:
1. This Franchise will be properly executed and acknowledged by
Grantee and delivered to City.
ii. With its acceptance, Grantee shall also deliver any grant payments,
performance bond and insurance certificates required herein that
have not previously been delivered.
.
33
, ---------- - ---..-----
. Passed and adopted this a9~ day of X/'t..L
::=~
Its: C
ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions.
Dated: By:
Its:
C:\CABLE\NSCCCC\ARDENHIL.FRN
.
.
34
EXHIBIT A
. e~ Meredith
I.W"Cable Kevin C. Griffin
President & General Manager
934 Wood hill Drive (Fax) 612/483-9184
Roseville. MN 55113 Customer Service: 612/483-9999
Administration: 612/483-3233
August 4, 1997
Ms. Cor Wilson, Executive Director
North Suburban Cable Communications Commission
950 Woodhill Drive
Roseville, Minnesota 55113
Re: North Suburban Cable Communications Franchise Renewal
Dear Cor:
Attached please find an updated and revised Renewal Proposal per your request. We have made
, an attempt to identifY everything that has been agreed to between us. Should there be any
confusion please refer to my memorandum of July 31, 1997 to Mr. Creighton.
As we have discussed, any agreements or offers regarding clarifications or modifications of our
May 13, 1997 proposal have been made in the spirit and context of an entire "package" of
understandings. Accordingly, changes in anyone component could result in a need to change
other components. Please feel free to contact me with any questions or for further clarification
:;Z
K
cc: Thomas D. Creighton
Randall Coleman
Kathi Donnelly-Cohen
John Gibbs
Trudi McCollum Foushee
..
EXHIBIT A - Continued
. Renewal. Proposal - Investment for the Future
Meredith Cable proposes to meet the needs of the North Suburbs with this investment plan for the
future which will thoroughly revitalize and modernize the system. This plan includes a franchise
commitment to develop the system to 750 MHZ capacity. This plan will result in higher quality
signals, expanded channel capacity and the opportunity to launch new programming services. In
addition, Meredith Cable proposes to upgrade the existing Institutional Network and incorporate
fiber into the system to facilitate future expansion of the Institutional Network. Meredith Cable
also proposes a renewal of our commitment to support oflocal access programming and the
establishment of capability to enable the development of future high speed data transmission
services and other future services. This proposal represents an aggressive effort to respond to
identified community needs and interests, taking into account the cost of meeting those needs and
interests over the requested fifteen (15) year renewal time frame. The specifics of the proposal
are set forth below:
A. SUBSCRIBER SYSTEM UPGRADE DESIGN AND CONSTRUCTION
Meredith Cable will commit in a renewal franchise that the subscriber system serving the North
, Suburbs will be enhanced from the current 450 MHZ, 65 channel system to a state-of-the-art 750
MHZ system offering dramatically more channel capacity, higher signal quality, more reliability
and more features as set forth below:
. A-I. The subscriber network will be 750 MHZ capacity. Meredith plans to initially
program 81 downstream channels upon activation - with phased activation launches as
nodes are completed. This leaves an additional 200 MHZ capacity available for future
activation of additional video channels, digital services, and other services as future
marketplace needs dictate. In addition, the system will be designed with the capability to
transmit return signals upstream at 5 - 40 MHZ in the future as commercial need dictates
and with mutually acceptable franchise language that establishes a mechanism for
discussions regarding activation of the return.
. A - 2. Hybrid fiber-coaxial architecture will be deployed
. A - 3. Initially, the system will be developed with approximately Forty (40) pockets which
are called "nodes", each connected by optical fiber and serving approximately Two
Thousand (2000) homes with a minimum 16 fiber count. The fiber optic nodes will be
designed to be capable of migrating to five hundred (500) home nodes with a minimum 4
fiber count as marketplace need dictates.
. A - 4. All power supplies will be equipped with standby power capability which, at a
minimum, will be initially activated at the node locations.
. . A - 5. In order to better assure reliability and system maintenance, the system will
EXHmlT A - Continued
. incorporate status monitoring at nodes and strategic locations.
. A - 6. Non-interruptible power-passing compatible taps are planned for ease of
maintenance and less disruption during system maintenance.
. A - 7. Adequate fiber count, a minimum of 16 per initial 2,000 home node, will be
included in order to facilitate future expansion of needs including future expansion of
needs in business corridors as commercial need dictates.
. A - 8. The subscriber RF system will accommodate and be capable of providing return
signals in 5 - 40 MHZ bandwidth in the future. Such return capacity will be activated as
commercial and marketplace need dictates and with mutually acceptable franchise
language that establishes a mechanism for discussions regarding the activation of the
return.
. A - 9. All existing head end equipment will be replaced with state-of-the-art standard
frequency head end equipment.
. . A-I O. Basic Service channel mapping will no longer be utilized by the system, thereby
permitting all local VHF off-air broadcast signals to be located "on-channel" for all
. customers and with no impact on the PEG channel location on Universal Service.
. A - II. Standby power will continue to be in place for the head end.
. A - 12. The system will have the capability to receive and pass through all local broadcast
signals in digital format as required by applicable federal rules and regulations and in
compliance with applicable FCC mandated time lines.
. A - 13. The system will permit all channels available to Meredith Cable in stereo to be
passed through in stereo.
. A - 14. Meredith Cable will commence application for licenses and permits related to
construction within 90 days after the commencement of the renewal period.
. A - 15. Meredith Cable will commence design, walkout, etc. related to construction
within 90 days after commencement of the renewal period.
. A - 16. Meredith Cable proposes to enter into a franchise timetable to complete the
project by November 30,2000 and will aggressively work to substantially complete
construction by November 30, 1999. Meredith Cable will carefully map and report any
underground plant that may be abandoned. Stand alone abandoned aerial cable will be
removed.
.
2
EXHIBIT A - Continued
. . A - 17. Meredith Cable proposes that interconnection between commonly owned,
adjacent franchised systems in the Twin Cities marketplace can be accommodated by
making available one (I) 6 MHZ channel for forward video purposes, one (I) 6 MHZ
channel for return video purposes, one (1) 6 MHZ channel for forward data and lor other
purposes, and one (1) 6 MHZ channel for return data and/or other purposes. Actual
interconnection with other franchise areas will be subject to technical capability of those
systems and those franchise areas entering into similar renewal agreements containing
similar provisions.
. A - 18. Meredith Cable plans to have a 750 MHZ carrier inserted at a levellOdb below
the video carriers that will be measured as a normal procedure during service calls. The
drop cable and passives will be inspected during normal installations to assure that 750
MHZ can be passed. Should a drop or associated passive equipment not pass the full 750
MHZ, the address will be noted and at the time the address upgrades service that requires
signal above 550 MHZ, the drop and/or associated equipment will be changed out.
B. INSTITUTIONAL NETWORK
Meredith Cable proposes to meet the needs of institutions and users by upgrading the existing
Institutional Network, including fiber capacity in the system to facilitate future Institutional
- Network enhancements, and with mutually acceptable franchise language relating to technical and
performance standards for the Institutional Network. This plan will offer flexibility and
alternatives to local governments, public school districts, private schools, higher educational
institutions, libraries and the social service community for the delivery and exchange of video and
telecommunications services. Specifically, Meredith Cable proposes to make the following
franchise commitments:
. B-1. Frequency spectrum (including upstream and downstream); 5 - 450 MHZ.
. B-2. Channel capacity of 54 channels (16 upstream and 38 downstream).
. B-3. 15 additional pilot generators.
. B - 4. Re-tuning of 10 existing pilot generators.
. B - 5. Re-tuning of 124 existing amplifiers.
. B - 6. Provision of 20 additional modulators or de-modulators.
. B - 7. Standby power with full battery placement.
..
. B- 8. Four (4) count shadow fiber placed along that part of the subscriber network that
parallels the Institutional Network.
.
3
-----..-
EXHIBIT A - Continued
.
. B - 9. Meredith Cable will make the I-Net available to the designated institutions for
video uses at no charge.
. B - 10. Meredith Cable will make three (3) 6 MHz channels available downstream and
three (6) MHz channels available upstrealll, for non-video uses at no charge.
. B - 11. Meredith Cable will charge designated institutions for all non-video uses beyond
B - 10. mentioned above at a rate calculated based on the Company's actual cost plus a
45% margin or "most favored comparable user" rate, whichever is lower.
. B - 12. Nothing contained herein shall prevent Meredith Cable from using available
capacity for other uses except that designated institutions shall have priority over other
uses subject to rules or policies adopted by Meredith Cable after consultation with the
Commission.
. B- 13. Use of the I-Net by the Cable Commission, cities or delegated institutions will be
limited to their own uses and no institution may sell any service to any third party.
. B- 14. Meredith Cable will either allow designated institutions to purchase their own
equipment or will lease end-user terminal equipment to requesting institutions.
. . B - 15. Meredith Cable will provide and maintain I-Net equipment for the Commission,
member cities and designated institutions on a cost recovery basis.
C. PROGRAMMING
Upon completion and activation by territory, Meredith will program a minimum of 81 analog
video channels. While definitive programming agreements have not been entered into and, as
such, specific packaging, tiering and pricing decisions cannot be made at this time, it is anticipated
that prices will be adjusted as authorized to reflect the additional programming as well as project
and programming costs. As examples, we preliminarily anticipate the following new
programming choices or similar services will be available:
. C - 1. Basic Service (or equivalent) - Initially, Meredith Cable anticipates a continuation
of current Basic Service offering of 28 channels without a realignment of channels within
Universal Service.
. C- 2. Prefe,'red Tier Service (or equivalent) - Meredith Cable anticipates the addition
of 4 or 5 channels to this tier that currently consists of29 channels. There will be a
corresponding rate adjustment. Preliminarily, and as examples, we anticipate the likely
addition of the following exciting new offerings or others as we may deem more
responsive to subscriber or marketplace needs and interests.:
..
4
" .
EXHIBIT A - Continued
.
. The Golf Channel - The Golf Channel is the premier network devoted to the
sport of golf providing more live golf coverage than all other networks combined.
Tournaments include coverage from the PGA Tour, Senior PGA Tour, NIKE
Tour, LPGA, Australian and PGA European Tour. Original live programming on
The Golf Channel includes a weekly live call-in show, Golf Talk Live, and a
nightly golf news show, Golf Central. The service also provides instructional
programs such as The Golf Channel Academy.
. The Cartoon Network - Featuring the world's largest cartoon library, the
Cartoon Network features all-animated cartoon programming at any time of the
day or night. For cartoon lovers of all ages, this network offers 8,500 animated
programs from the Hanna-Barbara libraries including The Jetsons, The Flintstones
and many more.
. Classic Sports Network - The first 24-hour, all sports television hall offame,
featuring the world's largest library ofrare and exclusive programming from
professional, amateur, college sports and the Olympic Games.
. TV Food Channel - Helps cable television viewers learn new recipes and cooking
. techniques, 'spice' up family meals, learn the latest in healthier cuisine and explore
fine restaurants nationwide. Hosts include world-class chefs, restaurateurs,
mothers who work outside the home and celebrities.
. Sneak Prevue - Sneak Prevue is the channel cable customers turn to 24 hours a
day, for the most up-to-date information on programming available for order on a
Pay-Per-View basis.. The service includes video clips of Pay- Per-View movies
and events along with complete ordering information.
. C - 3. New Product Tier Service - Meredith Cable anticipates the addition of 4 or 5
channels to a new, separately priced tier of service. Preliminarily, and as examples, we
anticipate the likely addition of the following exciting new offerings or others as we may
deem more responsive to subscriber or marketplace needs and interests.:
. Independent Film Channel - The first network dedicated to independent film,
. showcasing feature-length premieres, domestic and international films,
documentaries, shorts, animation, new works, and masters. All movies are shown
un-cut and without commercials, 24 hours a day.
. FX Movies - Twenty four hours per day, un-cut and commercial free, FX Movies
brings the vast Fox film library to cable television.
. TV Land - America's favorite classic television shows are brought back to
.
5
EXHIBIT A - Continued
. television. A companion station to Nick at Night, TV Land expands into all areas
of classic television, comedies, dramas, variety shows, and even classic
commercials.
. Turner Classic Movies - The world's greatest collection of classic movies 24
hours a day, with no commercial interruptions.
. CNN SI - The 24 hour sports news network from CNN and Sports Illustrated.
Seven days a week CNN SI is a 24 hour network offering coverage of sports news
unlike any other service. CNN SI utilizes the news gathering resources of CNN
and in-depth reporting expertise of Sports Illustrated and provides sports viewers
the most complete on-demand coverage available anywhere.
. C - 4. Premium Services - Meredith Cable will ad several new optional premium service
selections. Preliminarily, and as examples, we anticipate the likely addition of the
following new premium offerings or others as we may deem more responsive to subscriber
or marketplace needs and interests:
. HBO 3 - With Multichannel; HBO featuring HBO 2 and HBO 3, you always have
three HBO programs to choose from. A Hollywood hit, maybe an HBO Original
. that everyone's talking about or something light like HBO Comedy Hour. The
choice.. and convenience...is yours!
. HBO Family - HBO Family is a new HBO channel designed especially for a
family to watch together. With HBO Family's daily programming blocks, HBO
Kids Block, the HBO Family Feature Block and Grown Ups Block, you always
know just what kind of programs are on any time. Your family will love our
family I
. Showtime 3 - With Multichannel Showtime featuring Showtime 2 and Showtime 3
you'll see the biggest Hollywood hits, exciting Showtime Original Pictures,
featuring the hottest stars and stories - sexy thrillers, sci-fi, National Lampoon
comedy and high profile dramas. Multichannel convenience means you'll always
find the program to match your mood!
. C - 5. Pay-Per-View Services - Meredith Cable will offer more optional pay-per-view
service selections. Preliminarily, and as examples, we anticipate the likely addition of the
following three new pay-per-view services or others as we may deem more responsive to
subscriber marketplace needs and interests:
. Viewer's Choice 3 - featuring "movie-of-the-day" schedules allowing customers
to see the biggest hits as soon as they become available.
.
6
EXHIBIT A - Continued
. . Viewer's Choice 4 - similar to Viewer's Choice 3 but featuring yet another movie
option.
. Viewer's Choice 5 - similar to above featuring yet another movie option.
. C - 6. Interactive Services - Meredith Cable's plan contemplates the capability of
offering interactive services upon completion ofthe project and a reasonable expectation
of consumer acceptance and financial viability. While various services are currently
developing, Meredith Cable is considering, among other services, a digital music service
and interactive program guide. No decisions have been made regarding particular
services, pricing or launch dates.
. C - 7. Digital Services - Meredith Cable anticipates that additional premium service
options, pay-per-view offerings and other new services including future digital services
will be offered over time utilizing the appropriate bandwidth.
D. HIGH SPEED DATA TRANSMISSION
In addition to traditional video services, the cable system will position Meredith Cable to offer
new and yet-to-be-developed non-video services.
e . D - 1. The subscriber network will have adequate capability to enable the provision of
high speed data service such as Internet access as marketplace need dictates.
. D - 2. Meredith Cable's system will be able to address opportunities to meet the non-
video interests of the business community by including fiber capacity through business
corridors identified during the construction walkout in order to explore high speed data
services demand by business users.
E. COMMITMENT TO ACCESS PROGRAMMING
Meredith Cable proposes to meet and exceed the agreements regarding access support which
were entered into with the North Suburban Cable Communications Commission in the November
3, 1994 Memorandum of Understanding. Specifically Meredith Cable proposes the following
support for local access programming:
. E - 1. Meredith Cable agrees to maintain the number of access channels (12) as currently
exist and accept the concept of having the current channel loan agreements extended for
the fifteen (15) year renewal term and that the Commission will retain control over the
entire 6 MHZ spectrum that equals one channeL.
. E - 2. Meredith Cable agrees that the Commission can, on its own, change the name of
required PEG channels, provided that Meredith is indemnified from any claims as a result
.
7
EXHIBIT A - Continued
. of such action by the Commission.
. E - 3. Meredith Cable proposes that the PEG support components of the Memorandum of
Understanding remain intact. Rather than the PEG support fee set forth in the May 13,
1'197 original proposal, Meredith proposes a PEG fee based on the following: a new
commitment to provide the Commission a total of $667,286 for the franchise term for
acquisition of new equipment as follows and to be assessed as part of the PEG Fee; the
$50,000 Equipment Replacement Grant, per the MOD; the appropriate amount for the
Operating Grant, per the MOU; the appropriate amount for Universal Service, per the
MOD; and the appropriate amount for the Scholarship Grant (which may be used for other
purposes at the Commission's discretion), per the MOU:
New Equipment Acquisition Grants
Year Amount
1 $ 40,000
2 $ 40,600
, $ 41,209
~
4 $ 41, 827
5 $ 42,455
6 $ 43,091
. 7 $43,738
8 $ 44,394
9 $ 45,060
10 $ 45,736
11 $ 46,422
12 $ 47,118
13 $ 47,825
14 $ 48,542
15 $ 49,270
. E - 4. Should Meredith Cable request the relocation of the CTV studio, Meredith agrees
that the current agreements governing CTV relocation will remain intact. Meredith does
not waive any rights it may have with respect to the ability to recover any such costs
should a move occur.
.
8
-
EXHIBIT B
North Suburban Area Institutional Connections
.ity of Arden Hills
Inst. Name Street Address City Phone I-Net Sub
Arden Hills City Hall 4364 W. Round Lk. Rd. (Temp.) Arden Hills 636-5676 X X
Arden Hills Public Works 1460 W. Hwy. 96 Arden Hills 636-5676 Y X
Uti I. - Booster 1230Red Fox Road Arden Hills Y
Util.- Lift #1 3196 North Cleveland Arden Hills Y
Util.- Lift #10 3804 North Cleveland Arden Hills Y
Util.. Lift #11 1901 Highway 96 Arden Hills Y
Util.- Lift #12 1965 Thom Drive Arden Hills Y
Util.- Lift #13 1123 Karth Lake Drive Arden Hills Y
Util.- Lift #14 Hwy 96, (MN Nat. Guard) Arden Hills Y
Uti I. - Lift #2 1850 Co. Rd. E2 Arden Hills Y
~il.- Lift #3 1578 Lake Johanna Bivd. Arden Hills Y
y
Util. - Lift #4 3484 Ridgewood Road Arden Hills
Uti I. - Lift #5 3495 Lake Johanna Blvd. Arden Hills Y
Util.. Lift #6 3328 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #7 3230 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #8 1335 Ingerson Road Arden Hills Y
Util.- Lift #9 3168 Ridgewood Road Arden Hills Y
Util.- Roseville Station y
City of Falcon Heights
Inst. Name Street Address City Phone I-Net Sub
Falcon Heights City Hall 2077 W. Larpenteur Ave. Falcon Heights 644-5050 X X
Falcon Heights Community Bldg. 2050 W. Roselawn Ave. Falcon Heights 645-2712 N Y
Falcon Heights Fire Station 2077 W. Larpenteur Ave. Falcon Heights 644-5575 X X
ity of Lauderdale
Inst. Name Street Address City phone I-Net Sub
Lauderdale City Hall 1891 Walnut SI. Lauderdale
EXHIBIT B - Continued
Nor.th Suburban Area Institutional Connections Page 2
Inst. Name Street Address City Phone I-Net Sub
~ity of Little Canada
Inst. Name Street Address City Phone I-Net Sub
City Garage 3100 Country Drive Little Canada Y Y
Ice Rink 430 Little Canada Road Little Canada Y
Ice Rink 100 E. Demont Little Canada Y
Little Canada City Hall 515 E. Little Canada Rd. Little Canada 484-2177 X X
Little Canada Fire Station 325 Little Canada Rd. Little Canada 871-5503 X X
Old Little Canada Fire Station 440 E. Little Canada Rd. Little Canada 871-5503 X X
Shelter 350 Eli Road Little Canada Y
Shelter 2950 Centerville Little Canada Y
Util.- Booster Station 141 Co. Rd. B Little Canada y
Util.- Lift Station 672 Co. Rd. B Little Canada y
.. Util. - Lift Station 2537 Keller Parkway Little Canada Y
Util.- Lift Station 99 Co Rd. B Little Canada Y
Util.- Lift Station 2458 Dianna Lane Little Canada y
Util.- Lift Station 2707 Jessica Court Little Canada y
Util. - lift Station 1002 Co. Rd. D Little Canada y
Util.- Lift Station 216 Co. Rd. B-2 E. Little Canada y
Util.- Water Meter Station 5 Roselawn Little Canada y
Util.- Water Tower 517 Little Canada Road Little Canada y
City of Mounds View
Inst. Name Street Address City Phone I-Net Sub
Bridges Golf Course 2850 82nd Lane NE Blaine y y
Mounds View City Hall 2401 Hwy. 10 Mounds View 784-3055 X X
Mounds View Community Center 5394 Edgewood Dr. Mounds View y y
Mounds View Fire Station Hwy.10 Mounds View X y
Mounds View Maintenance Gar. 2466 NE Bronson Dr. Mounds View 784-3114 y X
Util.- Booster Station (Reservoir) 2450 Bronson Drive Mounds View Y
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 3
Inst. Name Street Add ress City Phone I-Net Sub
Util.- Lift Station #1 5396 Raymond Ave. Mounds View Y
Util.- Lift Station #2 8251 Groveland Road Mounds View Y
Util.- Well #1 2401 Highway 10 Mounds View Y
Util.- Well #2 2524 Bronson Drive Mounds View Y
Util.- Well #3 2426 Bronson Drive Mounds View Y
Util.- Well #4 2408 Hillview Drive Mounds View Y
Util.- Well #5 5100 Long Lake Road Mounds View Y
Util.- Well #6 7545 Groveland Road Mounds View Y
City of New Brighton
Inst. Name Street Address City Phone I-Net Sub
Brightwood Hills Goif Course 1975 NW Silver Lake Rd. New Brighton 638-2150 X X
New Brighton City Hall 803 NW 5th Ave. New Brighton 638-2100 X X
New Brighton Fire Station 785 NW 5th Ave. New Brighton 633-2727 X X
New Brighton Maintenance Bldg. 700 NW 5th Ave. New Brighton Y X
New BrightonFamily Service Cntr. 400 NW 10th SI. New Brighton 638-2130 X X
Util.- Lift Station 1 (under const.) To Be Assigned New Brighton Y
Util.- Lift Station 2 531 5th Avenue NW New Brighton Y
Util.- Lift Station 3 515 3rd Avenue NW New Brighton Y
Util.- Lift Station 7 650 Cleveland Ave. New Brighton Y
Util.- Lift Station 8 24 New Brighton Road New Brighton Y
Util.- PGAC Water Treatment Plant 3001 5th Street NW New Brighton Y
Util.- Well 10 & Iron Removal Plant 660 5th Street SW New Brighton Y
Util.- Well 11 & Iron Removal Plant 1375 7th Street NW New Brighton Y
Util.- Well 12 & Iron Removal Plant 2400 Mississippi St. ~ew Brigilton Y
Util.- Well 13 & Water Treatment 680 5th Street NW New Brighton Y
Util.- Well 14 1377 7th Street NW New Brighton Y
Utll.- Well 15 590 20th Street NW New Brighton Y
EXHIBIT B - Continued
North Suburban Area Institutionol Connections Page 4
Inst. Name Street Address City Phone I-Net Sub
_il.- Well 8 600 Silver Lake Road New Brighton Y
Util.- Wells 3 & 4 700 Silver Lake Road New Brighton Y
Util.- Wells 5 & 6 3001 5th Street NW New Brighton Y
Util.- Wells 9 2745 5th Street NW New Brighton Y
City of North Oaks
Inst. Name Street Address City Phone I-Net Sub
North Oaks City Hall 100 Village Center Dr. North Oaks 484-5777 X X
North Oaks Recreation Center 4 Mink Lane North Oaks X X
City of Rosevil1e
Inst. Name Street Address City Phone I-Net Sub
John Rose Minnesota OVAL 2661 Civic Center Dr. Roseville 415-2164 X Y
Roseville Activity Center 2800 Arona St. Roseville 415-2100 X X
oseviile Cedarholm Golf Course 2323 N. Hamline Ave Roseville 633-5817 X Y
oseville Central Park-Bandshell Lexington Ave. -(FH Inet) Roseville X N
Roseviile City Hall 2660 Civic Center Dr. Roseville 490-2200 X X
Roseville Fire Station 1 2701 N. Lexington Ave. Roseville 490-2306 X X
Roseville Fire Station 2 2501 N. Fairview Ave. Roseville 636-6763 X X
Roseviile Fire Station 3 2335 N. Dale SI. Roseville 484-5297 X X
Roseville Gymnastics Cntr. 1240 Co. Rd. B-2 Roseville 415-2190 y Y
Roseville Harriet Alexander Nature 2520 N. Dale St. Roseville 415-2161 X X
Roseville Ice Arena 2661 Civic Center Dr. Roseville 415-2164 X X
Roseville License Bureau 2701 Lexington Ave. Roseville 490-2294 X X
Roseville Maintenance Building 2660 Civic Center Dr. Roseville 490-2310 Y X
Util.- Booster Station 706 Shryer Ave. Roseville y
Util.- Elevated Tank 2501 N. Fairview Ave. Roseville y
til. - Lift Station 635 S. Owasso Blvd Roseville y
Util.- Lift Station 2980 Galtier Street Roseville y
Util.- Lift Station 1610 Co. Rd. C-2 Roseville y
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 5
Inst. Name Street Address City Phone I-Net Sub
__til.- Lift Station 3033 Cleveland Ave. Roseville Y
Uti I. - Lift Station 435 Wagner Street Roseville Y
Uti I. - Lift Station 2013 Cohansey Blvd. Roseville Y
Util. - Lift Station 1680 Fernwood Ave. Roseville Y
Uti!.- Lift Station 3050 Lexington Ave. Roseville Y
Uti!.- Lift Station 1216 Josephine Road Roseville Y
Util.- Lift Station 3050 Long Lake Road Roseville Y
Util.- Lift Station 1953 Fulham Street Roseville Y
Uti!. - Lift Station 2050 Walnut Street Roseville Y
Uti!.- Lift Station 201 Center Street Roseville Y
Uti!.- Storm Water Pumping Station 2535 N. Victoria St. Roseville Y
Util.- Storm Water Pumping Station 1658 Millwood Ave. Roseville Y
Jtil.- Storm Water Pumping Station 591 Owasso Hills Drive Roseville y
Uti!.- Storm Water Pumping Station 2340 St. Croix Street Roseville y
Uti!.- Storm Water Pumping Station 1999 Fulham Street Roseville Y
City of Shoreview
Inst. Name Street Address City Phone I-Net Sub
Shoreview City Hall /Community 4600N. Victoria St. Shoreview 490-4600 X X
Shoreview Maintenance Bldg. 4665 N. Victoria St. Shoreview 490-4650 Y Y
Uti!.- Booster Station 855 Highway 96 Shoreview Y
Util.- Lift Station 4468 Chatsworth Shoreview y
Util.- Lift Station 3580 Cohansey Shoreview y
Uti!.- Lift Station 425 Gramsie Road Shoreview y
Util.- Lift Station 875 Gramsie Road Shoreview y
Util.- Lift Station 636 Highway 96 Shoreview y
til. - Lift Station 1088 Lake Beach Drive Shoreview y
Util.- Lift Station 3366 Lexington Ave. Shoreview y
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 6
Inst. Name Street Address City Phone I.Net Sub
*il.- Lift Station 4680 Lexington Ave. Shoreview y
Util.. Lift Station 915 Oak Ridge Shoreview y
Uti 1.- Lift Station 3194 West Owasso Blvd. Shoreview y
Util.. Lift Station 3212-1/2 W. Owasso Blvd. Shoreview Y
Util.- Lift Station 4338 Reiland Lane Shoreview y
Util.- Lift Station 4465 Rice Street Shoreview y
Utii. - Lift Station 699 Schifsky Road Shoreview y
Util.- Lift Station 700 Schifsky Road Shoreview y
Uti I. - Lift Station 4307 Snail Lake Blvd. Shoreview y
Util.- Lift Station 4412 Snail Lake Blvd. Shoreview y
Util.- Lift Station 512 Suzanne Ave. Shoreview y
Util.- Lift Station 5024 Turtle Lane East Shoreview y
'jtil.- Lift Station 3121 Woodbridge Shoreview y
Util.- Sucker Lake Pump 50 Highway 96 W. Shoreview y
Util.- Water Tower 745 County Road E Shoreview y
Util.- Water Tower 5880 Lexington Avenue Shoreview y
Util.- Well 785 Highway 96 Shoreview y
Util.- Well 883 Highway 96 Shoreview y
Util.- Well 4965 Hodgson Road Shoreview y
Util.- Well 902 Monterey Shoreview y
Uti\'. Well 750 Mound Avenue Shoreview y
Util.-Well 4675 Victoria Street Shoreview y
City of St. Anthony
Inst. Name Street Address City Phone I-Net Sub
SA V Liquor Store #1 2900 Pentagon Drive St. Anthony y
SAY Liquor Warehouse #2 3900 Silver Lake Road St. Anthony y
St. Anthony City Hall 3301 Silver Lake Rd. St. Anthony 789-8881 X X
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 7
Inst. Name Street Address City Phone t-Net Sub
~. Anthony Fire Station 2900 Kenzie Terrace SI. Anthony 788-1 434 X X
SI. Anthony Public Works 3801 Chandler Dr. SI. Anthony X X
Util.- Foss Road Lift 3829 Foss Road SI. Anthony y
Util.- Harding Lift 2700 37th Ave SI. Anthony y
Util.- Water Filtration Plant 3807 Silver Lake Road SI. Anthony y
Util.- Well #5 2920 Silver Lake Road SI. Anthony y
CTV
Inst. Name Street Address City Phone I-Net Sub
Canadian Days Parade-drop Little Canada Rd Little Canada X
CTV Irondale studio 2425 Long Lake Rd. New Brighton 783-9334 X X
CTV Van 1 2425 Long Lake Rd. New Brighton 783-9334 X
CTV Van 2 950 Woodhill Dr. Roseville 481-9554 X
Lake Owasso Beach - drop ??? N Owasso Bvd. Shoreview X
LC Spooner Park- drop Eli Rd. Little Canada X
NB Parade - drop New Brighton X
RAHS Parking Lot (on B2)- drop Roseville X
Roselest parade - drop1 Lexington Ave. Roseville X
Rosefest parade - drop2 Lexington Ave. Roseville X
Rosetown Legion field-drop W. Co. Rd. C. Little Canada X
Dist 282 - SAlNB Schools
Inst. Name Street Address City Phone I-Net Sub
ISO 282 District Office SAlNB 3303 33rd Ave. NE SI. Anthony 706-1000 X X
SI. Anthony High Schooi 3303 33rd Ave. NE SI. Anthony 706-1100 X X
St. Anthony Middle School 3303 33rd Ave. NE SI. Anthony 706-1200 X X
Wilshire Park Elementary 3600 NE Highcrest Rd. St. Anthony 706-1030 X X
eoist 621 - Mounds View
Inst. Name Street Address City Phone I.Net Sub
Area Learning Center 4182 N. Lexington Ave. Shoreview
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 8
Inst. Name Street Address City Phone I-Net Sub
Bel Air Elementary School 1800 NW 5th SI. New Brighton 633-3521 X X
Chippewa Middle School 5000 Hodgson Rd. North Oaks 483-6635 X X
Edgewood Middle School 5100 N. Edgewood Dr. Mounds View 784-2010 X X
Highview Middle School 2300 NW 7th SI. New Brighton 633-8144 X X
Irondale High School 2425 Long Lake Rd. New Brighton 786-5200 X X
ISD 621 District Service Center 2959 Hamline Ave. Roseville 636-3650 X X
Island Lake Elementary 3555 N. Victoria SI. Shoreview 484-5553 X X
Mounds View High School 1900 W. Co. Rd. F Arden Hills 633-4031 X X
Oak Grove High School 5100 Hodgson Rd. North Oaks 484-2057 X X
Pike Lake Elementary 2101 NW 14th SI. New Brighton 633-7711 X X
Pinewood Elementary 5500 Quincy SI. Mounds View 784-4006 X X
Ralph Reeder Center 500 NW 1 Oth SI. New Brighton 636-1 91 0 X X
~nail Lake Elementary 4550 Hodgson Rd. Shoreview 483-6725 X X
Sunnyside Elementary 2070 W. Co. Rd. H New Brighton 784-5226 X X
Turtle Lake Elementary 1141 W. Co. Rd. I Shoreview 484-2150 X X
Valentine Hills Elementary 1770 W. Co. Rd. E2 Arden Hills 631-0737 X X
Dist 623 - Roseville Area
Inst. Name Street Address City Phone I-Net Sub
Brimhall Elementary 1744 W. Co. Rd. B Roseville 638-1958 X X
Central Park Elementary 535 W. Co. Rd. B2 Roseville 481-9951 X X
Edgerton Elementary School 1929 Edgerton Street Maplewood 772-2565 X X
Emmet D Wiliams Elem 955 W. Co. Rd. D Shoreview 482-8624 X X
Fairview Community Center 1910 W. Co. Rd. B Roseville 631-1013 X X
Falcon Heights Elementary 1393 W. Garden Av. Falcon Heights 646-0021 X X
ISD 623 District Center 1251 W. Co. Rd. B2 Roseville 635-1600 X X
ittle Canada Elementary 400 Eli Rd. Little Canada 490-1353 X X
Parkview Center School 701 W. Co. Rd. B Roseville 487-4360 X X
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 9
Inst. Name Street Address City Phone I-Net Sub
oseville Area High School 1261 Hwy.36 Roseville 635-1660 X X
Roseville Area Middle Sch 15 E. Co. Rd. B2 Little Canada 482-5280 X X
Guard/Reserves
Inst. Name Street Address City Phone I-Net Sub
Army Reserve Training Cntr. Lexington & Hwy. 96 Arden Hills Y Y
National Guard Armory 211 N. McCarrons Lake Roseville 296-4140 X X
Hennepin County
Inst, Name Street Address City Phone I-Net Sub
St. Anthony Public Library 2900 NE Pentagon Dr. St. Anthony
Higher Education
Inst. Name Street Address City Phone I-Net Sub
Bethel College 3900 Bethel Dr. Arden Hills 638-6180 X X
Capital View (Dist. 916) 70 W. Co. Rd. B2 Little Canada 415-5413 X X
Northwestern Col- FB field 3003 Snelling Ave. N. Roseville 631-51 00 X X
Northwestern Col- Gym/BB 3003 Snelling Ave. N. Roseville 631-5267 X X
Northwestern College-Studio 3003 Snelling Ave. N. Roseville 631-5312 X X
U of M - Earl Brown Center 1890 Buford Ave. Falcon Heights 624-2777 X
United Theo. Seminary 3000 NW 5th St. New Brighton 633-4311 Y Y
ISP
Inst. Name Street Address City Phone I-Net Sub
Risdahl-Linahan Agency 2475 NW 15th St. New Brighton 631-1 098 X
T.I.E.S. 1925 W. Co. Rd. B2 Roseville 638-2339 X
Lake Johanna Fire Dept.
Inst. Name Street Address City Phone I-Net Sub
Lake Johanna Fire Station 1 2346 New Brighton Rd. Arden Hills 633-0349 y X
Lake Johanna Fire Station 2 4676 Hodgson Rd. Shoreview 484-3444 y Y
Lake Johanna Fire Station 3 1140 W. Co. Rd. I Shoreview 481-7025 y X
Lake Johanna Fire Station 4 3615 N. Victory St. Shoreview 483-0767 X X
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 10
Inst. Name Street Address City Phone I-Net Sub
eon-profit
Inst, Name Street Address City Phone I-Net Sub
Northwest Youth & Family Services 3490 Lexington Ave. Shoreview
Private Schools
Inst. Name Street Address City Phone I-Net Sub
Concordia Academy 2400 N. Dale St. Roseville 484-8429 X X
Corpus Christi School 2131 N. Fairview Ave. Roseville 639-8888 X
King of Kings School 2330 N. Dale St. Roseville 484-9206 X X
North Side Christian School 7901 Red Oak Drive Moundsview 786-8632 X
St. Charles Barromeo 2727 NE Stinson Bvd. St. Anthony 781-2643 X
St. Christopher's Ep. 2300 N. Hamline Ave. Roseville 633-4589 X
St. John the Baptist School 845 NW 2nd Ave. New Brighton 633-1522 X X
St. John the Evangelist 2621 McMenemy St. Little Canada 484-2708 X X
t. Odilia School 3495 N. Victory SI. Shoreview 484-3364 X
St. Rose of Lima 2072 N. Hamline Ave. Roseville 645-9389 X X
Ramsey County
Inst. Name Street Address City Phone I-Net Sub
Island Lake Golf Center Grey Fox Rd. Shoreview y y
Lake Owasso Residence 210 N. Owasso Bvd. Shoreview 484-2234 y Y
Ramsey Co. Library - Arden Hills 1941 W. Co. Rd. E2 Arden Hills 636-1790 X X
Ramsey Co. Library - Mounds View 2576 Hwy. 10 Mounds View 784-8829 y X
Ramsey Co. Library - Roseville 2180 N. Hamline Ave. Roseville 631-0494 X X
Ramsey Co. Library - Shoreview 4570 N. Victoria SI. Shoreview 486-2210 X X
Ramsey Co. Public Works Bldg. 3377 N. Rice St. Shoreview 484-91 04 Y X
Ramsey Co. Sheriff Patrol Station 655 W. Co. Rd. E Shoreview 481-1300 y Y
Ramsey Co. Women's Detention Kent & Larpenteur y y
Shoreview Ice Arena 877 W. Hwy.96 Shoreview 484-2400 y Y
. EXHIBIT C
Description of Work Time Frame
Engineering Walkout 0-6 months
Engineering Design 2-8 months
Commerce Permitting Day 75
Fiber Optic Cable and Node Installation 11-16 months
Amplifier Replacement 12-24 months
Passive Equipment Replacement 18-36 months
System Balancing and Proof-of-Performance 36 months
Activation in Phases; Completion By November 30,2000
.
.
EXHIBIT D .
. NORTH SUBlffiBAN I-NET PERFORMANCE STANDARDS
Upon completion of the I-Net upgrade:
L Video Transmission
A. Video transmission will comply with the following performance:
standards:
1. Carrier to noise ratio = 45dB or better
2. Carrier to composite triple beat = 53dB or better
3. Carrier to composite second order = 55 dB or better
4. Carrier to cross modulation = 55 dB or better
5. System signal level variations (peak to valley) = n -;- 10 + 2 or better
for all coaxial cable portions of the I-Net (where N = the number of
amplifiers in cascade).
B. Testing will occur twice yearly following the timing established in CFR
76,601 and 76.605.
1. From the institution to the longest subscriber cascade,
2. From the institution through the applicable headendl hub site
returning back to the same institution.
3. Performed using existing I-Net carriers active at the time ofthe
testing, which will subject them to service interuptions.
-- 4. Completed at Company-designated entry demarcation point at the
institution.
5. The system will meet calculated worst case fully loaded video and
audio measurements, taking into consideration existing I-Net data
loading at the time the measurement is taken.
6. Under ordinary operating conditions.
2, Digital Transmission
A. For I-Net that is 50% or more coaxial cable, a Bit Error Rate of 1 x 10(-8) at
the demarcation point.
1. Outage times not included
2. Ordinary operating conditions
B. For I-Net that is 50% or more fiber optic cable, a Bit Error Rate of 1 x 10(-
9) at the demarcation point.
1. Outage times not included
2. Ordinary operating conditions
C. For both coaxial and fiber network. the company will meet or exceed a
reliability factor of 99.965% on an annual basis.
D. Testing will occur twice yearly, during the months of JannarylFebruary and
July/August.
.
EXHIBIT D - Continued
e 3. Repair and Maintenance
A. Company will provide a repair force of technicians capable of responding
properly to all requests for service by I-Net Users and available on a 7 X 24
X 365 basis.
B. Under normal operating conditions, the initial page to the technician on call
will be within a 10 minute time frame. Barring situations that are outside
the control ofthe Company (i.e., physical damage to the network caused by
third parties not under the control of the cable company, weather related
restrictions, etc.), the company will continue to work on a service problem
until it is resolved and complete its resolution of such problem within eight
(8) hours, if resolution of such problem is within coutrol of company.
C. Fiber may be incorporated, where necessary, to reduce amplifier cascades to
meet performance standards. Where possible, fiber nodes may be located
within the building or facility of the I-Net user.
D. I-Net Users will be notified at least seven days in advance of any scheduled
maintenance that will interrupt service on the I-Net, unless I-Net Users
agree to waive such time frame. Where possible, such maintenance will be
scheduled at times oflow usage.
.
.
Rf f IbabIt Df Pubtt'rat'OYC
~tatP Of A11IIYPSOtd
~g. J U ~ 1 4 ~99~
~uutttp of ~tam~ep
TONYA R. STENSGARD 0TY ke''ri~U~11y~swom, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper
known as SHOREVIEW BULLETI(V , and has full knowledge of the facts which
are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331 A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed ORDINANCE NO. 307
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 1 successive weeks; it was first published on WEDNESDAY, the
8TH day of JULY , 19 98 , and was thereafter printed and published on every
to and including , the day of , 1998 ; and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, wY?ich is hereby
acknowledged as being the size and kind of type used in the composition and publication of
the notice:
*ABCDEFGHIJKLMNOPflRSTUVWXYZ
*ABCDEFGHIJKLMNOPQRSTUVWXYZ :JBookeeper
•abcdefghijklmnopq rstuvwttyz
Subscribed and sworn to before me on
.
this $TH day of JULY , 1998
Notary Public
*AlChabet should be in the same size and kind of type as the notice.
';TEPF ,f,NIE K. h!!C! "L
•
..,rn
FAM~ Y COU;~TY RATE INFORMATION
M My Comm. Expires Jan. 31, 2000
¦ ~
(1) Lowest classified rate paid by
commerciat users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . $17.00 per col. inch
(2) Maximum rate allowed by law for the above matter . . . . . . . . . . . . . . . $1 1.56 per col. inch
(3) Rate actually charged for the above matter . . . . . . . . . . . . . . . . . . . . . $ per co{. inch
1 /98
CITY OF ARDEN HILLS
~ 4364 WEST ROUND LAKE ROAD
P ARDEN HILLS, MN 55112-5794
July 1, 1998
Thomas D. Creighton
Bernick and Lifson, Attorneys at Law
Suite 1200, The Colonnade
5500 Wayzata Boulevard
Minneapolis, MN 55416-1270
RE: Franchise Agreement Renewal, Ordinance No. 307
Dear Mr. Creighton:
The Arden Hills City Council adopted Ordinance No. 307, "An Ordinance Granting a
Franchise to MediaOne to Construct, Operate, and Maintain a Cable Communications
System in the City of Arden Hills; Setting Forth Conditions Accompanying the Grant of
the Franchise," at their June 29, 1998 meeting. The ordinance summary is in the process
of being published. .
I have enclosed a copy of the signed Ordinance. I assume that you will be forwarding the
original to MediaOne for execution. Please provide a copy of this document to us once
you have received their signatures.
If you have any questions, or need additional information, please feel free to contact me.
Sincer ly,
1~1q~
Brian Fritsinger
City Administrator
BF/sls
Encl.
CGCoralie Wilson
PHONE: (612) 633-5676 • FAX (612) 633-7839
CITY OF ARDEN HILLS
COUNTY OF RAMSEY a
STATE OF MINNESOTA
AN ORDINANCE SUMMARY
ORDINANCE NO. 307
"AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE TO
CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM
IN THE CITY OF ARDEN HILLS;
SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT
OF THE FRANCHISE."
On the 29`h day of June, 1998, the Arden Hills City Council adopted Ordinance No. 307, and
pursuant to local and Minnesota State law by five affirmative votes, directed that a summary of
the ordinance be published in the City's Official Newspaper, and that a printed copy of
Ordinance No. 307 be posted on the City's bulletin board and otherwise be made available for
inspection by any person during regular business hours at the office of the City Administrator at
4364 West Round Lake Road, Arden Hills, MN 55112.
STATEMENT OF INTENT AND PURPOSE
The City intends, by the adoption of this Franchise, to bring about the further development of a
Cable System, and the continued operation of it. Adoption of this Franchise is, in the judgement
of the Council, in the best interests of the City and its residents.
FINDINGS
The City Council makes the following findings:
1. The company technical ability, financial condition, legal qualifications, and
character were considered and approved;
2. The company plans for constructing, upgrading, and operating the System were
considered and found adequate and feasible;
3. The Franchise complies with applicable laws and regulations; and
4. The Franchise is nonexclusive.
SECTION 1.
SHORT TITLE AND DEFINITIONS
This Section names the Franchise Ordinance as the Cable Franchise Ordinance and contains
many definitions regarding the Cable System.
PAGE TWO ORDINANCE NO. 307 JUNE 29, 1998
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS
This Section grants a nonexclusive, fifteen (15) year Franchise, pursuant to the company's
proposal and additional requirements contained int he Franchise. This Section further provides
for free subscriber service to designated public and educational institutions.
SECTION 3.
CONSTRUCTION STANDARDS
This Section provides for permitting requirements, construction code compliance,
undergrounding requirements, and other conditions on the use of the Rights-of-Way.
SECTION 4.
DESIGN PROVISIONS
This Section provides for the construction of a System providing 750 MHZ capacity and which is
fully activated with the capability of a minimum of up to eight-one (81) video channels.
The company will develop, construct, and operate a System capable of providing non-video
services such as high-speed data transmission, Internet access, and other competitive services
which shall be activated as Marketplace Need dictates.
The company will complete all construction related to the System upgrade on or before
November 30, 2000. The Section contains requirements regarding testing and technical
standards and provides for four (4) channels to be interconnected with all adjoining cable
systems.
SECTION 5.
SERVICE PROVISIONS
This Section provides for rate regulation when permitted by law, customer service standards, late
fees and subscriber contracts.
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS
The company will provide twelve (12) channels for public, education and government
programming. The company will continue to comply with all requirements regarding community
programming operations and funding, and in addition will increase the funding by $667,286 over
the life of the Franchise.
PAGE THREE ORDINANCE NO. 307 JUNE 29, 1998
SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS
This Section contains provisions requiring the company to dedicate certain capacity for use by
designated institutions, and contains terms and conditions for the usage and performance of this
institutional network.
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS
This Section contains provisions requiring the company to pay quarterly to City, or its delegatee,
a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues. In
addition, the City shall have the right to require the company to provide copies of any records,
and the company must file with the City a report of all Gross Revenues and shall furnish such
other reasonable reports with respect to operations as may be required. If requested, the company
shall furnish the maps, plats, and permanent records of the location and character of all facilities.
Finally, the City may require evaluation sessions at any time during the term of this Franchise.
As a result of the review session, the company will meet with City and undertake good faith
efforts to reach agreement on changes and modifications to the Franchise which are both
economically and technically feasible.
SECTION 9.
GENERAL FINANCIAL AND INSURANCE PROVISIONS
This Section contains provisions requiring the company to furnish a performance bond to City in
the amount of $500,000 and deliver to City an unconditional Letter of Credit from a National or
State Bank approved by City in the amount of $25,000 to secure compliance with the terms of the
Franchise.
In addition, this Section provides that the City and its agents shall not be liable for any loss or
damage arising out of any action of the company with respect to this Franchise.
Finally, as a part of the indemnification above, the company shall maintain a comprehensive
general liability insurance policy for any and all damages and penalties which may arise as a
result of this Franchise in the sum of not less than $1,000,000 for personal injury or death of any
one Person, and $2,000,000 for personal injury or death of two or more Persons in any one
occurrence, $500,000 for property darnage to any one person and $2,000,000 for property
damage resulting from any one act ar occurrence.
PAGE FOUR ORDINANCE NO. 307 JUNE 29, 1998
SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
This Section provides that the City reserves the right to revoke this Franchise, if it is determined
by City that the company has violated material provision(s) of this Franchise, has attempted to
evade any of the provisions of the Franchise; or has practiced fraud or deceit upon City. This
Section also contains provisions regarding abandonment of service and removal of equipment
and requires that the company receive approval prior to sale or transfer.
SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS
This Section prohibits discrimination and requires subscriber privacy by the company.
SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
This Section prohibits unauthorized connections to the System or damage to the System.
SECTION 13.
MISCELLANEOUS PROVISIONS
This Section contains a variety of requirements concerning Franchise renewal, amendments,
compliance with applicable law, and interpretation of the Franchise.
SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
This Section requires that the Franchise be published in accordance with applicable local and
Minnesota law. The Effective Date of this Franchise shall be the date of acceptance by the
company in accordance with the provisions of Section 14.2.
The company shall accept this Franchise within sixty (60) days of its enactment by the Ciry
Council provided, however, this Franchise shall not be effective until all City ordinance adoption
procedures are complied with and all applicable timelines have run for the adoption of a City
ordinance.
Adoption Date: Passed by the City Council of the City of Arden Hills, the 29 day of June, 1998.
DENNIS PROBST, MAYOR
ATTEST: (facsimile)
BRIAN FRITSINGER, CITY ADMINISTRATOR
(facsimile)
(Affidavit Required)
07%01/98_ WED 07:56 FAX 6126337839 Cits of Arden Hills Z001
TX REPORT
~ TRANSMISSION OK
TX/RX NO 0614
CONIVECTION TEL 6333846
CONNECTION ID
ST. TIME 07/01 07;52
USAGE T 03'25
PGS, SENT 5
RESULT OK
~
•
CITY OF ARDEN HILLS
Qo 4364 WEST ROUND LAKE ROAD
~ P ARDEN HILLS, MN 55112-5794
S E YD TO: 5a.,tL
FAX (~?~J ~J~4o PHONE
MESSAGE FROM: _ i
DATE: TII~IE:
NO. OF PAGES, Iti'CLUDING THIS PAGE:
NOTES:
~
. ,
**xIF YOU DO n'OT RECEIVE ALL THE PAGES, PLEASE CALL***
~
PHONE: (612) 633-5676 • FAX (612) 633-7839
, -
f
CITY OF ARDEN HILLS
MEMORANDUM
DATE: June 25,1998
TO: Mayor and City Council
FROM: Brian Fritsinger, City Administrat r
SUBJECT: Negotiated Renewal Franchise with Meredith Cable
Background
As the Council is aware, the North Suburban Cable Commission ("Commission") has completed
an over three-year process of negotiations with the cable company resulting in a proposed
renewed cable franchise being recommended to the member cities of the Commission.
The federal law proscribes the structure of the negotiations and limits the authority of the cities
to deny the renewal. While the renewal is not automatic, the City may also not arbitrarily deny
renewal. Basically, the City must renew the franchise unless the cable company fails to meet
an identified community need, considering the cost of ineeting that need.
Therefore, the Commission undertook an extensive community needs assessment which all cities
participated in and the results of which were reviewed over a year ago. Since then, extensive
negotiations have been undertaken to arrive at a system which the Commission recommends does
meet the identified community needs of the member cities, considering the cost of ineeting those
needs.
Attached is a proposed franchise which incorporates the negotiations with the cable company.
The attached franchise is recommended by the Commission for the member communities. Please
note that the system is a ten (10) city system, and the franchises for all ten (10) cities are
identical, except for individual city definition and notice sections. For consistency and
enforcement purposes, the proposed franchise is in much the same form as the current franchise.
There are, however, some significant changes which are highlighted below.
Significant Agreement Changes
1. "Cable Service" is defined as the state and federal law from time to time will define it.
However, included in the definition, regardless of the federal law definition are
Institutional Network services, which will no doubt include significant data transmission
service. This will provide adequate flexibility for the document in an environment of
ever changing kinds of cable services.
r y
Memorandum, Negotiated Renewal Franchise with Meredith Cable
Page Two
June 25, 1998
2. "Gross Revenue," upon which the company pays a five percent (5%) franchise fee, is
expanded not only to include revenue from all Cable Services, as defined above, but also
makes clear that fees for such presumed revenue producers as advertising, Internet
service, and cable modem service will be captured for the purpose of collecting City
revenue. It is anticipated as technology changes occur, the member cities will increase
revenues in the areas identified. Other Cable Commissions have not typically been able
to negotiate these items into their franchise agreement.
3. The franchise is still "non-exclusive" which is required by law. Therefore, the City can
grant franchises to as many competitors as it may wish in order to provide service in the
City.
4. The franchise term is for fifteen (15) years. This is standard around the country and is
argued by the company to be necessary for them to adequately finance the significant
upgrade of the cable system. Some policy makers argue that a shorter term will give the
system more flexibility to be upgraded and give the City more leverage in "getting things"
from the company. The past franchise was for fifteen (15) years, and the systems were
constantly and significantly upgraded, this being in the best interest of the company
anyway. The Commission recommends a fifteen (15) year franchise.
There is some belief that laws are changing in such a manner that franchising as we now
know it will be eliminated. As a result, while historically cable companies have needed
the long-term agreements to finance their business operations, many are agreeing to short-
term agreements.
5. The franchise is for the corporate boundaries of the City, but the system is really one
system for the ten (10) city area, and is required to be interconnected with the systems
which border the ten (10) city area. The Commission required this in an attempt to keep
the North Suburban System a part of a greater metropolitan communications network,
especially since many of the school district boundaries and the county boundaries extend
beyond the ten (10) city area.
6. Subscriber and Institutional Network drops must be provided to all institutions listed in
Exhibit B. Staff has included the following Arden Hills locations in this document:
• City Hall
• Maintenance Garage
• Ramsey County Library
• Mounds View High School
• Valentine Hills Elementary School
• Bethel College
• Lake Johanna Volunteer Fire Department, Station 41
• Army Reserve Center
,
Memorandum, Negotiated Renewal Franchise with Meredith Cable
Page Three
June 25, 1998
In addition, we are still discussing whether any lift stations should be included for future
SCADA systems.
The institutions will be connected to both networks free of charge and current uses will
continue free of charge. Additionally, three (3) upstream and three (3) downstream
channels will be provided for non-video purposes, free of charge, with additional non-
video use of this network provided for "cost plus 45%" or the "most favorable
comparable user rate." For the six fibers to the nodes, additional use of these fibers will
be on an "actual cost only" basis.
7. Construction will be completed on or before November 30, 2000.
8. The new franchise has attempted to interface with right-of-way ordinances. Since Arden
Hills has not adopted such an ordinance, the franchise needed to answer questions
regaxding construction or access to rights-of-way in the City. However, should Arden
Hills adopt such an ordinance, that ordinance will pre-empt the franchise in Section 3,
construction standards and permitting, and 8.5(c), mapping. In all other situations,
the cable franchise will prevail over conflicting ordinances, except for those other
situations where the City is involved in a lawful exercise of its police power.
9. Undergrounding. The company will have to put any new construction underground
where all other utility lines are underground, unless the City elects to require otherwise.
In other words, the City has complete authority to require whatever policy it wishes in
this area. Absent such an action, the general rule, above, will apply to the cable company.
10. A performance bond of $500,000 will be maintained by the company, and the company
will be fully insured and agrees to defend, hold harmless and indemnify the City
regarding any action of Grantee related to the franchise and any action resulting from the
City's administration or enforcement of the franchise.
11. The company must maintain a$25,000 Letter of Credit per City from which the City may
draw monies to enforce various penalties and fines delineated in the franchise.
12. The City retains the authority to review any qualifying transfer of ownership. The City
further retains its right to purchase the system for the value of the consideration proposed
in such a transaction.
The major provisions of the franchise are not substantively changed from the previous franchise
except to bring the document in compliance with current law.
r ~
Memorandum, Negotiated Renewal Franchise with Meredith Cable
Page Four
June 25, 1998
Requested Action
The City Council is asked to adopt Ordinance No. 307 and direct the City Administrator to
publish a summary of this ordinance in accardance with Minnesota State Statutes.
BF/sls
t r
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE SUMMARY
ORDINANCE NO. 307
"AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE TO
CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM
IN THE CITY OF ARDEN HILLS;
SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT
OF THE FRANCHISE."
On the 29t'' day of June, 1998, the Arden Hills City Council adopted Ordinance No. 307, and
pursuant to local and Minnesota State law by five affirmative votes, directed that a summary of
the ordinance be published in the City's Official Newspaper, and that a printed copy of
Ordinance No. 307 be posted on the City's bulletin board and otherwise be made available for
inspection by any person during regular business hours at the office of the City Administrator at
4364 West Round Lake Road, Arden Hills, MN 55112.
STATEMENT OF INTENT AND PURPOSE
The City intends, by the adoption of this Franchise, to bring about the further development of a
Cable System, and the continued operation of it. Adoption of this Franchise is, in the judgement
of the Council, in the best interests of the City and its residents.
FINDINGS
The City Council makes the following findings:
1. The company technical ability, financial condition, legal qualifications, and
character were considered and approved;
2. The company plans for constructing, upgrading, and operating the System were
considered and found adequate and feasible;
3. The Franchise complies with applicable laws and regulations; and
4. The Franchise is nonexclusive.
SECTION 1.
SHORT TITLE AND DEFINITIONS
This Section names the Franchise Ordinance as the Cable Franchise Ordinance and contains
many definitions regarding the Cable System.
r
PAGE TWO ORDINANCE NO. 307 JUNE 29,1998
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS
This Section grants a nonexclusive, fifteen (15) year Franchise, pursuant to the company's
proposal and additional requirements contained int he Franchise. This Section further provides
for free subscriber service to designated public and educational institutions.
SECTION 3.
CONSTRUCTION STANDARDS
This Section provides for permitting requirements, construction code compliance,
undergrounding requirements, and other conditions on the use of the Rights-of-Way.
SECTION 4.
DESIGN PROVISIONS
This Section provides for the construction of a System providing 750 MHZ capacity and which is
fully activated with the capability of a minimum of up to eight-one (81) video channels.
The company will develop, construct, and operate a System capable of providing non-video
services such as high-speed data transmission, Internet access, and other competitive services
which shall be activated as Marketplace Need dictates.
The company will complete all construction related to the System upgrade on or before
November 30, 2000. The Section contains requirements regarding testing and technical
standards and provides for four (4) channels to be interconnected with all adjoining cable
systems.
SECTION 5.
SERVICE PROVISIONS
This Section provides for rate regulation when permitted by law, customer service standards, late
fees and subscriber contracts.
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS
The company will provide twelve (12) channels for public, education and government
programming. The company will continue to comply with all requirements regarding community
programming operations and funding, and in addition will increase the funding by $667,286 over
the life of the Franchise.
[ (
PAGE THREE ORDINANCE NO. 307 JUNE 29, 1998
SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS
This Section contains provisions requiring the company to dedicate certain capacity for use by
designated institutions, and contains terms and conditions for the usage and performance of this
institutional network.
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS
This Section contains provisions requiring the company to pay quarterly to City, or its delegatee,
a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues. In
addition, the City shall have the right to require the company to provide copies of any records,
and the company must file with the City a report of all Gross Revenues and shall furnish such
other reasonable reports with respect to operations as may be required. If requested, the company
shall furnish the maps, plats, and permanent records of the location and character of all facilities.
Finally, the City may require evaluation sessions at any time during the term of this Franchise.
As a result of the review session, the company will meet with City and undertake good faith
efforts to reach agreement on changes and modifications to the Franchise which are both
economically and technically feasible.
SECTION 9.
GENERAL FINANCIAL AND INSURANCE PROVISIONS
This Section contains provisions requiring the company to furnish a performance bond to City in
the amount of $500,000 and deliver to City an unconditional Letter of Credit from a National or
State Bank approved by City in the amount of $25,000 to secure compliance with the terms of the
Franchise.
In addition, this Section provides that the City and its agents shall not be liable for any loss or
damage arising out of any action of the company with respect to this Franchise.
Finally, as a part of the indemnification above, the company shall maintain a comprehensive
general liability insurance policy for any and all damages and penalties which may arise as a
result of this Franchise in the sum of not less than $1,000,000 for personal injury or death of any
one Person, and $2,000,000 for personal injury or death of two or more Persons in any one
occurrence, $500,000 for property damage to any one person and $2,000,000 far property
damage resulting from any one act ar occurrence.
i t
PAGE FOUR ORDINANCE NO. 307 JUNE 29,1998
SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
This Section provides that the City reserves the right to revoke this Franchise, if it is determined
by City that the company has violated material provision(s) of this Franchise, has attempted to
evade any of the provisions of the Franchise; or has practiced fraud or deceit upon City. This
Section also contains provisions regarding abandonment of service and removal of equipment
and requires that the company receive approval prior to sale or transfer.
SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS
This Section prohibits discrimination and requires subscriber privacy by the company.
SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
This Section prohibits unauthorized connections to the System or damage to the System.
SECTION 13.
MISCELLANEOUS PROVISIONS
This Section contains a variety of requirements concerning Franchise renewal, amendments,
compliance with applicable law, and interpretation of the Franchise.
SECTION 14.
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
This Section requires that the Franchise be published in accordance with applicable local and
Minnesota law. The Effective Date of this Franchise shall be the date of acceptance by the
company in accordance with the provisions of Section 14.2.
The company shall accept this Franchise within sixty (60) days of its enactment by the City
Council provided, however, this Franchise shall not be effective until all City ordinance adoption
procedures are complied with and all applicable timelines have run for the adoption of a City
ordinance.
Adoption Date: Passed by the City Council of the City of Arden Hills, the 290 day of June, 1998.
/s/Brian Fritsinger, City Administrator
L 4
ORDINANCE NO. 307
CITY OF ARDEN HILLS
CABLE TELEVISION FRANCHISE ORDINANCE
Date: July 15,1998 T
Prepared by:
Thomas D. Creighton
Robert J. V. Vose
Bernick and Lifson, P.A.
1200 The Colonnade
5500 Wayzata Boulevard
Minneapolis, Minnesota 55416
Telephone: (612) 546-1200
Facsimile: (612) 546-1003
STATEMENT OF INTENT AND PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
FINDINGS ...................................................................1
SECTION 1.
SHORT TITLE AND DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1. Short Title ..................................................2
2. Definitions ..................................................2
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . 5
1. Grant of Franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2. Grant of Nonexclusive Authoritv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3. Lease or Assignment Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4. Franchise Term ..............................................6
5. Previous Franchises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6. Compliance with AVplicable Laws, Resolutions and Ordinances. 6
7. Rules of Grantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8. Territorial Area Involved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9. Written Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10. Subscriber Network Drops to Designated Buildines . . . . . . . . . . . . . . . . . 8
SECTION 3.
CONSTRUCTION STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1. Ruistration. Permits and Construction Codes . . . . . . . . . . . . . . . . . . . . . . 9
2. Repair of Rights-of-Wav and Property,............................ 9
3. Conditions on Right-of-Way Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4. UnderQrounding of Cable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5. Installation of Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6. Safetv Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
SECTION 4.
DESIGN PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
1. Svstem Upgrade: Minimum Channel Capacitv . . . . . . . . . . . . . . . . . . . . 11
2. Construction Timetable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3. Interruption of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4. Technical Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5. Snecial Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6. Drop Testiny- and Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7. FCC Reports . ..............................................14
8. Interconnection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
9. Nonvoice Return Capabilitx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10. Lockout Device .............................................14
• F
SECTION 5.
SERVICE PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1. Regulation of Service Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2. Non-Standard Installations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3. SalesProcedures ............................................15
4. Subscriber Inquirv and Complaint Procedures . . . . . . . . . . . . . . . . . . . . . 15
5. Subscriber Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
6. Refund Policv . .............................................16
7. Late Fees ..................................................16
8. Office Policv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
1. Public. Educational and Government Access . . . . . . . . . . . . . . . . . . . . . . 16
2. Charges for Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
3. Access Rules ...............................................17
4. AccessSupport . ............................................17
5. Studio Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
6. Regional Channel 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7. State and Federal Law compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . 18
1. CapacitX . .................................................18
2. Grantee's Use of Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3. End-User Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
4. Service Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . 20
1. Administration of Franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2. Delegated AuthoritX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3. Franchise Fee . .............................................20
4. Access to Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5. Reports and Maps to be Filed with CitX . . . . . . . . . . . . . . . . . . . . . . . . . . 21
6. Periodic Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 9.
GENERAL FINANCIAL AND INSURANCE PROVISIONS . . . . . . . . . . . . . . . . . . . 21
1. Performance Bond . .........................................21
2. Letter of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3. Indemnification of Citv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4. Insurance ..................................................25
SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 26
1. City's Right to Revoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2. Procedures for Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3. Abandonment of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4. Removal After Abandonment. Termination or Forfeiture. . . . . . . . . . . . 27
5. Sale or Transfer of Franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
1. Discriminatorv Practices Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
2. Subscriber Privacv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SECTION 12.
LTNAUTHORIZED CONNECTIONS AND MODIFICATIONS . . . . . . . . . . . . . . . . . . 31
1. Unauthorized Connections or Modifications Prohibited . . . . . . . . . . . . . 31
2. Removal or Destruction Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3. Penaltv ....................................................31
SECTION 13. -
MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . . . . . . . . . . .R. . . . . . . . . . . . . . . . . 31
1. Franchise Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
2. Work Performed by Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3. Amendment of Franchise Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4. Compliance with Federal. State and Local Laws . . . . . . . . . . . . . . . . . . . 32
5. Nonenforcement bv City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
6. Riizhts Cumulative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7. Grantee Acknowled,gment of Validitv of Franchise . . . . . . . . . . . . . . . . . 33
SECTION 14.
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS . . . . . . . . . . 33
1. Publication: Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
2. Acceptance . ...............................................33
s
ORDINANCE NO. 307
AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL
COMMUNICATIONS CORP. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN THE CiTY OF AR.DEN HILLS; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR
REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY [IN
CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN;
The City Council of the City of Arden Hills ordains:
STATEMENT OF INTENT AND PURPOSE
The Ciry intends, by the adoption of this Franchise, to bring about the further development of a
Cable System, and the continued operation of it. Such development can contribute significantly
to the communication needs and desires of the residents and citizens of the City and the public
generally. Further, the City may achieve better utilization and improvement of public services
and enhanced economic development with the development and operation of a Cable
Communication System.
Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and
its residents.
FINDINGS
In the review of the request and proposal for renewal by Grantee and negotiations related thereto,
and as a result of a public hearing, the City Council makes the following findings:
1. The Grantee's technical ability, financial condition, legal qualifications, and
character were considered and approved in a full public proceeding after due notice
and a reasonable opportunity to be heard;
2. Grantee's plans for constructing, upgrading, and operating the System were
considered and found adequate and feasible in a full public proceeding after due
notice and a reasonable opportunity to be heard;
3. The Franchise granted to Grantee by the City complies with the existing applicable
Minnesota Statutes, federal laws and regulations; and
4. The Franchise granted to Grantee is nonexclusive.
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SECTION 1.
SHORT TITLE AND DEFINITIONS
1. Short Title. This Franchise Ordinance shall be known and cited as the Cable
Franchise Ordinance.
2. Definitions. For the purposes of this Franchise, the following terms, phrases,
words, and their derivations shall have the meaning given herein. When not
inconsistent with the context, words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory. The
word "may" is directory and discretionary and not mandatory.
a. "Basic Cable Service" means any service tier which includes the lawful
retransmission of local television broadcast signals and any public,
educational, and governmental access programming required by the
Franchise to be carried on the basic tier. Basic Cable Service as defined
herein shall not be inconsistent with 47 U.S.C. § 543(b)(7).
b. "Citv" means City of Arden Hills, a municipal corporation, in the State of
Minnesota, acting by and through its City Council, or its lawfully
appointed designee.
c. "Citv Council" means the governing body of the City.
d. "Cable Service" or "Service" means the provision of communications
and/or entertainment services as "Cable Service" is defined by Minn. Stat. §
238.01 et seq. and 47 U.S.C § 521 et seq., as may be amended from time
to time, but including Institutional Network services.
e. "Cable S, stem" or "Svstem" means a system of antennas, cables, wires,
lines, towers, waveguides, or other conductors, Converters, equipment, or
facilities located in City and designed and constructed for the purpose of
producing, receiving, transmitting, amplifying, or distributing audio, video,
and data. System as defined herein shall not be inconsistent with the
definitions set forth in Minn. Stat. 238.02, subd. 3 and 47 U.S.C. § 522(7).
f. "Class IV Cable Channel" means a signaling path provided by a Cable
System to transmit signals of any type from a Subscriber terminal to
another point in the System.
g. "Commercial Need" or "Marketplace Need" means such need or market
demand which City and Grantee may jointly determine requires action or
performance by Grantee as specifically set forth in this Franchise. Such
determination shall be based upon evidence and information presented by
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City, Grantee and other interested parties at a duly noticed public
proceeding. Grantee shall have an opportunity to present evidence
regarding the level of market demand, the cost of ineeting such demand and
the availability of technologies to meet such demand. Any decision
regarding Commercial or Marketplace Need which requires action by
Grantee shall not be unreasonable.
h. "Converter" means an electronic device which converts signals to a
frequency acceptable to a television receiver of a Subscriber and by an
appropriate selector permits a Subscriber to view all Subscriber signals
included in the service.
i. "Dron" means the cable that connects the ground block on the Subscriber's
residence or institution to the nearest feeder cable of the System.
j. "FCC" means the Federal Communications Commission and any legally
appointed, designated or elected agent or successor.
k. "Franchise" or "Cable Franchise" means this ordinance and the regulatory
and contractual relationship established hereby. 1. "Grantee" is MediaOne North Central Communications Corp., its lawful
successors, transferees or assignees.
M. "Gross Revenues" means all revenue received directly or indirectly by the
Grantee, its affiliates, subsidiaries, parent, or person in which Grantee has
financial interest of five percent (5 or more, from the operation of its
System within City including, but not limited to, all Cable Service fees,
Franchise Fees, PEG Fees, late fees, Installation and reconnection fees,
upgrade and downgrade fees, advertising revenue, Converter rentai fees,
Lockout Device fees, fees related to commercial and institutional usage of
the I-net, Internet access fees, cable modem service fees and interest. The
term Gross Revenues shall not include any taxes on services furnished by
Grantee imposed by any municipality, state, or other governmental unit and
collected by Grantee for such governmental unit.
n. "Installation" means the connection of the System from feeder cable to the
point of connection with the Subscriber Converter or other terminal
equipment.
o. "Institutional Network" or "I-net" means the discrete communications
network and services related to such network provided by Grantee to
identified institutions as required by this Franchise.
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p. "Lockout Device" means an optional mechanical or electrical accessory to
a Subscriber's terminal which inhibits the viewing of a certain program,
certain channel, or certain channels provided by way of the Cable
Communication System.
q. "Memorandum of Understanding" or "MOU" means that certain agreement
dated November 3, 1994 regarding PEG access funding, creation of a
"PEG Fee" and certain rate regulatory issues.
r. "North Suburbs Access Corporation" means that certain non-profit
corporation or its lawful successor, designee, or assignee, which is
delegated authority and responsibility for providing certain community
programming functions including public access.
s. "North Suburban S s~tem" means the Cable System located in those
municipalities collectively comprising the North Suburban Cable Service
territory as originally approved by the Minnesota Cable Communications
Board.
t. "Pay Television" means the delivery over the System of pay-per-channel
or pay-per-program audio-visual signals to Subscribers for a fee or charge,
in addition to the charge for Basic Cable Service or Cable Programming
Services.
U. "Person" is any person, firm, partnership, association, corporation,
company, or other legal entity.
v. "Proposal" means the Proposal for Franchise Renewal dated May 13, 1997,
submitted to the North Suburban Cable Communications Commission by
Group W Cable of the North Suburbs, Inc., as amended by the revised
Renewal Proposal submitted under cover letter dated August, 4, 1997, and
related correspondence and prior agreements or resolutions which are
attached hereto as Exhibit A.
w. "Right-of-WaX" or "Rights-of-Way" means the area on, below, or above
any real property in City in which the City has an interest including, but
not limited to any street, road, highway, alley, sidewalk, parkway, park,
skyway, or any other place, area, or real property owned by or under the
control of City, including other dedicated Rights-of-Way for travel
purposes and utility easements.
X. "RiQht-of-Way Ordinance"means the ordinance codifying requirements
regarding regulation, management and use of Rights-of-Way in City,
including registration and permitting requirements.
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Y. "Standard Installation" means any residential installation which can be
completed using a Drop of 250 feet or less.
Z. °Subscriber" means any Person who lawfully receives service via the
System. In the case of multiple office buildings or multiple dwelling units,
the "Subscriber" means the lessee, tenant or occupant.
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS
1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions
contained herein. Grantee shall comply with all provisions of its Proposal, which
is expressly incorporated herein by reference. Failure of Grantee to provide a
System as described in its Proposal, or meet obligations and comply with all
provisions therein, shall be deemed a violation of this Franchise.
2. Grant of Nonexclusive AuthoritX.
a. The Grantee shall have the right and privilege, subject to the permitting and
other lawful requirements of City ordinance, rule or procedure, to
construct, erect, and maintain, in, upon, along, across, above, over and
under the Rights-of-Way in City a Cable System and shall have the right
and privilege to provide Cable Service. The System constructed and
maintained by Grantee or its agents shall not interfere with other uses of the
Rights-of-Way. Grantee shall make use of existing poles and other above
and below facilities available to Grantee to the extent it is technically and
economically feasible to do so.
b. Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way
shall be used by Grantee if City determines that such use is inconsistent
with the terms, conditions, or provisions by which such Right-of-Way was
created or dedicated, or with the present use of the Right-of-Way.
c. This Franchise shal] be nonexclusive, and City reserves the right to grant
a Franchise to any Person at any time during the period of this Franchise
for the provision of Cable Service. The terms and conditions of any such
Franchise shall be, when taken as a whole, no less burdensome or more
beneficial than those imposed upon Grantee pursuant to this Franchise.
3. Lease or Assignment Prohibited. No Person may lease Grantee's System for the
purpose of providing Service until and unless such Person shall have first obtained .
and shall currently hold a valid Franchise or other lawful authorization containing
substantially similar burdens and obligations to this Franchise. Any assignment of
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rights under this Franchise shall be subject to and in accordance with the
requirements of Section 10, Paragraph 5.
4. Franchise Ter.m. This Franchise shall be in effect for a period of fifteen (15) years
from the date of acceptance by Grantee, unless sooner renewed, revoked or
terminated as herein provided.
5. Previous Franchises. Upon acceptance by Grantee as required by Section 13
herein, this Franchise shall supersede and replace any previous Ordinance granting
a Franchise to Grantee.
6. Compliance with Anolicable Laws. Resolutions and Ordinances.
a. The terms of this Franchise shall define the contractual rights and
obligations of Grantee with respect to the provision of Cable Service and
operation of the System in City. However, the Grantee shall at all times
during the term of this Franchise be subject to all lawful exercise of the
police power, statutory rights, local ordinance-making authority, and
eminent domain rights of City. Except as provided below, any
modification or amendment to this Franchise, or the rights or obligations
contained herein, must be within the lawful exercise of City's police power,
in which case the provision(s) modified or amended herein shall be
specifically referenced in an ordinance of the City authorizing such
amendment or modification. This Franchise may also be modified or
amended with the written consent of Grantee as provided in Section 13.3
herein.
b. Grantee shall comply with the terms of any City ordinance or regulation of
general applicability which addresses usage of the Rights-of-Way within
City which may have the effect of superseding, modifying or amending the
terms of Section 3 and/or Section 8.5(c) herein, except that Grantee shall
not, through application of such City ordinance or regulation of Rights-of-
Way, be subject to additional burdens with respect to usage of Rights-of-
Way which exceed burdens on similarly situated Rights-of-Way users.
c. In the event of any conflict between Section 3 and/or Section 8.5 (c) of this
Franchise and any City ordinance or regulation which addresses usage of
the Rights-of-Way, the conflicting terms in Section 3 and/or Section 8.5 (c)
of this Franchise shall be superseded by such City ordinance or regulation,
except that Grantee shall not, through application of such City ordinance
or regulation of Rights-of-Way, be subject to additional burdens with
respect to usage of Rights-of-Way which exceed burdens on similarly
situated Rights-of-Way users.
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d. In the event any City ordinance or regulation which addresses usage of the
Rights-of-Way adds to, modifies, amends, or otherwise differently
addresses issues addressed in Section 3 and/or Section 8.5 (c) of this
Franchise, Grantee shall comply with such ordinance or regulation of
general applicability, regardless of which requirement was first adopted
except that Grantee shall not, through application of such City ordinance
or regulation of Rights-of-Way, be subject to additional burdens with
respect to usage of Rights-of-Way which exceed burdens on similarly
situated Rights-of-Way users.
e. In the event Grantee cannot determine how to comply with any Right-of-
Way requirement of City, whether pursuant to this Franchise or other
requirement, Grantee shall immediately provide written notice of such
question, including Grantee's proposed interpretation, to the City with copy
to the North Suburban Cable Communications Commission, in accordance
with Section 2.9. The City or Commission shall provide a written response
within fourteen (14) days of receipt indicating how the requirements cited
by Grantee apply. Grantee may proceed in accordance with its proposed
interpretation in the event a written response is not received within
seventeen (17) days of mailing or delivering such written question.
7. Rules of Grantee. The Grantee shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business as shall be
reasonably necessary to enable said Grantee to exercise its rights and perform its
obligations under this Franchise and to assure uninterrupted service to each and all
of its Subscribers; provided that such rules, regulations, terms and conditions shall
not be in conflict with provisions hereto, the rules of the FCC, the laws of the
State of Minnesota, City, or any other body having lawful jurisdiction.
8. Territorial Area Involved. This Franchise is granted for the corporate boundaries
of City, as it exists from time to time. In the event of annexation by City, or as
development occurs, any new territory shall become part of the territory for which
this Franchise is granted provided, however, that Grantee shall not be required to
extend service beyond its present System boundaries unless there is a minimum of
50 homes per cable mile for underground plant and 35 homes per cable mile for
overhead plant. Access to cable service shall not be denied to any group of
potential residential cable Subscribers because of the income of the residents of the
area in which such group resides. Grantee shall be given a reasonable period of
time to construct and activate cable plant to service annexed or newly developed
areas but in no event not to exceed twelve (12) months from notice thereof by City
to Grantee and qualification pursuant to the density requirements of this Subsection
8.
9. Written Notice. All notices, reports, or demands required to be given in writing
under this Franchise shall be deemed to be given when delivered personally to any
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officer of Grantee or City's Administrator of this Franchise or forty-eight (48)
hours after it is deposited in the United States mail in a sealed envelope, with
registered or certified mail postage prepaid thereon, addressed to the party to
whom notice is being given, as follows:
If to City: City of Arden Hills
4364 W. Round Lake Road
Arden Hills, Minnesota 55112
Attention: City Manager/Administrator
With copies to: North Suburban Cable Communications Commission
950 Woodhill Drive
Roseville, Minnesota 55113
And to: Thomas D. Creighton, Esq. and Robert J. V. Vose, Esq.
Bernick and Lifson, P.A.
5500 Wayzata Boulevard, Suite 1200
Minneapolis, Minnesota 55416
If to Grantee: General Manager
MediaOne .
950 Woodhill Drive
Roseville, Minnesota 55113
With copies to: John F. Gibbs, Esq.
Robins, Kaplan, Miller & Ciresi, L.L.P.
2800 LaSalle Plaza
800 LaSalle Ave. So.
Minneapolis, Minnesota 55402
Such addresses may be changed by either party upon notice to the other party given as provided
in this Section.
10. Subscriber Network Drops to Designated Buildings. Grantee shall provide, free
of charge, Installation of one (1) subscriber network Drop, one (1) cable outlet,
one (1) Converter, if necessary, and monthly Basic Cable Service without charge
to the institutions identified on Exhibit B attached hereto and made a part hereof,
and such other public or educational institutions subsequently designated by City
which is located five hundred (500) feet or less from the existing Subscriber
network. Any such institution located more than five hundred (500) feet shall be
connected if such institution agrees to reimburse Grantee for Grantee's actual costs
in excess of the five hundred (500) foot installation actual costs.
Additional subscriber network Drops and/or outlets in any of the locations
identified on Exhibit B will be installed by Grantee at the cost of Grantee's time
8
and material. Alternatively, said institution may add outlets at its own expense,
as long as such Installation meets Grantee's standards. Grantee shall have three
(3) months from the date of City designation of additional institution(s) to complete
construction of the Drop and outlet unless weather or other conditions beyond the
control of Grantee requires more time. The provision of Institutional Network
service is addressed in Section 7 herein.
SECTION 3.
CONSTRUCTION STANDARDS
1. Registration. Permits and Construction Coaes.
a. Grantee shall strictly adhere to all state and local laws and building and
zoning codes currently or hereafter apglicable to location, construction,
installation, operation or maintenance of the System in City and give due
consideration at all times to the aesthetics of the property.
b. Failure to obtain permits or comply with permit requirements shall be
grounds for revocation of this Franchise, or any lesser sanctions provided
herein or in any other applicable law.
2. Repair of Rights-of-Wav and PropertY. Any and all Rights-of-Way, or public or
private property, which are disturbed or damaged during the construction, repair,
replacement, relocation, operation, maintenance, expansion, extension or
reconstruction of the System shall be promptly and fully restored by Grantee, at
its expense, to the same condition as that prevailing prior to Grantee's work, as
determined by City. If Grantee shall fail to promptly perform the restoration
required herein, after written request of City and reasonable opportunity to satisfy
that request, Ciry shall have the right to put the Rights-of-Way, public, or private
property back into good condition. In the event City determines that Grantee is
responsible for such disturbance or damage, Grantee shall be obligated to fully
reimburse City for such restoration.
3. Conditions on Right-of-Wa, Use.
a. Nothing in this Franchise shall be construed to prevent City from
constructing, maintauung, repairing or relocating sewers; ;rading, paving,
maintaining, repairing, relocating and/or altering any Right-of-Way;
constructing, laying down, repairing, maintaining or relocating any water
mains; or constructing, maintaining, relocating, or repairing any sidewalk
or other public work.
b. All System transmission and distribution structures, lines and equipment
erected by the Grantee within City shall be located so as not to obstruct or
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. ,
interfere with the use of Rights-of-Way except for normal and reasonable
obstruction and interference which might occur during construction and to
cause minimum interference with the rights of property owners who abut
any of said Rights-of-Way and not to interfere with existing public utility
installations.
c. If at any time during the period of this Franchise City shall elect to alter or
change the grade or location of any Right-of-Way, the Grantee shall, at its
own expense, upon reasonable notice by City, remove and relocate its
poles, wires, cables, conduits, manholes and other fixtures of the System,
and in each instance comply with the reasonable and lawful standards and
specifications of City.
d. The Grantee shall not place poles, conduits, or other fixtures of System
above or below ground where the same will interfere with any gas, electric,
telephone, water or other utility fixtures and all such poles, conduits, or
other fixtures placed in any Right-of-Way shall be so placed as to comply
with a'll reasonable and lawful requirements of City.
e. The Grantee shall, upon request of any Person holding a moving permit
issued by City, temporarily move its wires or fixtures to permit the moving
of buildings with the expense of such temporary removal to be paid by the
Person requesting the same, and the Grantee shall be given not less than ten
(10) days advance written notice to arrange for such temporary changes.
f. The Grantee shall have the authority to trim any trees upon and
overhanging the Rights-of-Way of City so as to prevent the branches of
such trees from coming in contact with the wires and cables or other
facilities of the Grantee.
g. Grantee shall use its best efforts to give reasonable prior notice to any
adjacent private property owners who will be negatively affected or
impacted by Grantee's work in the Rights-of-Way.
4. Undergrounding of Cable. Unless otherwise required by action of City Council,
Grantee must place newly constructed facilities underground in areas of City where
all other utility lines are placed underground. Amplifier boxes and pedestal
mounted terminal boxes may be placed above ground if existing technology
reasonably requires, but shall be of such size and design and shall be so located as
not to be unsightly or unsafe, all pursuant to plans submitted with Grantee's permit
application(s) and approved by City.
5. Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted
terminal boxes, similar structures, or other wire-holding structures shall be erected
or installed by the Grantee without required permit of City.
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6. Safetv Requirements.
a. The Grantee shall at all times employ ordinary and reasonable care and
shall install and maintain in use nothing less than commonly accepted
methods and devices for preventing failures and accidents which are likely
to cause damage or injuries.
b. The Grantee shall install and maintain its System and other equipment in
accordance with City's codes and the requirements of the National Electric
Safety Code and all other applicable FCC, state and local regulations, and
in such manner that they will not interfere with City communications
technology related to health, safety and welfare of the residents.
c. All System structures, and lines, equipment and connections in, over, under
and upon the Rights-of-Way of City, wherever situated or located, shall at
all times be kept and maintained in good condition, order, and repair so
that the same shall not menace or endanger the life or property of City or
any Person.
SECTION 4.
DESIGN PROVISIONS
1. Svstem Upgrade: Minimum Channel Capacitx.
a. Grantee shall develop, construct and operate for the term of this Franchise
a System providing 750 MHz capacity and which is fully activated with the
capability of delivering to all Subscribers capable of receiving them a
minimum of up to 81 video programmed channels. Construction will be
completed and channels activated as described in Exhibit C attached.
b. The System will utilize a hybrid fiber-coaxial architecture as detailed in the
Proposal. In addition, the System will be designed with the capability to
transmit return signals upstream in the 5- 40 MHz spectrum which shall
be activated as Commercial Need dictates. Finally, in conjunction with the
upgrade, Grantee shall replace all existing headend equipment with state-of-
the-art standard frequency headend equipment.
c. Grantee shall develop, construct and operate a System capable of providing
non-video services such as high-speed data transmission, Internet access,
and other competitive services which shall be activated as Marketplace
Need dictates. Grantee may use 200 MHz of the total 750 MHz System
capacity for the provision of such services.
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d. During the design, walkout and preliminary construction activities related
to upgrade of the System, Grantee shall seek to identify the non-video
interests of the business community within City and will seek to quantify
business community demand for non-video services. Grantee shall report
the results of its investigation into business demand for non-video services
to the City or its designee no later than one (1) year from the
commencement date of the Franchise.
e. All final programming decisions remain the discretion of Grantee in
accordance with the Proposal, provided that Grantee notifies City and
Subscribers in writing thirty (30) days prior to any channel additions,
deletions, or realignments, and further subject to Grantee's signal carriage
obligations hereunder and pursuant to 47 U.S.C. § 531-536, and further
subject to City's rights pursuant to 47 U.S.C. § 545. Location and
relocation of the PEG Channels shall be governed by Section 6, 1. (c).
2. Construction Timetable.
a. Grantee shall complete all construction related to the System upgrade
required by Section 4 herein on or before November 30, 2000, in
accordance with the specific timeline identified in Exhibit C attached.
Failure to timely complete such construction shall be a violation of this
Franchise.
b. The System, once upgraded, shall continue to offer Service to all dwelling
units serviceable prior to upgrade and shall extend Service to any area
within the corporate boundaries of City which was not previously
constructed which exceeds a density of 35 dwelling units per cable mile or
greater for overhead plant and 50 dwelling units per cable mile for
underground plant.
c. Within ninety (90) days after the commencement of the renewal term of this
Franchise, Grantee shall commence application for all necessary permits,
licenses, certificates and authorizations which are required in the conduct
of its business. Failure to timely commence application for the
aforementioned authorizations shall be a violation of this Franchise.
d. Within ninety (90) days after commencement of the term of this renewed
Franchise, Grantee will commence System design, walkout and all other
preliminary construction activities related to upgrade of the System and
shall give written notice thereof to City upon commencement of such
activities.
3. Interruption of Service. The Grantee shall interrupt service only for good cause
and for the shortest time possible. Such interruption shall occur during periods of
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minimum use of the System. If service is interrupted for a total period of more
than forty eight (48) hours in any thirty (30) day period, Subscribers shall be
credited pro rata for such interruption.
4. Technical Standards. The technical standards used in the operation of the System
shall comply, at minimum, with the technical standards promulgated by the FCC
relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may
be amended or modified from time to time, which regulations are expressly
incorporated herein by reference.
5. Special Testing.
a. The City shall have the right to inspect all construction or installation work
performed pursuant to the provisions of the Franchise. In addition, the
City may require special testing of a location or locations within the System
if there is a particular matter of controversy or unresolved complaints
regarding such construction or installation work or pertaining to such
location(s). Demand for such special tests may be made on the basis of
complaints received or other evidence indicating an unresolved controversy
or noncompliance. Such tests shall be limited to the particular matter in
controversy or unresolved complaints. The City shall endeavor to so
arrange its request for such special testing so as to minimize hardship or
inconvenience to Grantee or to the Subscribers caused by such testing.
b. Before ordering such tests, Grantee shall be afforded thirty (30) days
following receipt of written notice to investigate and, if necessary, correct
problems or complaints upon which tests were ordered. The City shall
meet with Grantee prior to requiring special tests to discuss the need for
such and, if possible, visually inspect those locations which are the focus
of concern. If, after such meetings and inspections, City wishes to
commence special tests and the thirty (30) days have elapsed without
correction of the matter in controversy or unresolved complaints, the tests
shall be conducted at Grantee's expense by a qualified engineer selected by
City and Grantee, and Grantee shall cooperate in such testing.
6. Drop Testing and Replacement. Grantee shall insert a 750 MHz carrier at a level
lOdb below the video carriers that will be measured by Grantee as a normal
procedure during all service calls. In addition, the Drops and related passive
equipment will be inspected during Installations to assure that the Drop and passive
equipment can pass the full 750 MHz System capacity. In the event measurement
of the carrier or the inspection demonstrate that a Drop or associated passive
equipment do not pass the fu11750 MHz, the Subscriber address will be recorded
by Grantee and Grantee shall provide City, or its designee, upon request a report
indicating the addresses where Drops or associated passive equipment have failed.
Grantee shall replace all failing Drops and/or associated passive equipment at the
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time the address upgrades service to a level which requires a signal above the 550
MHz spectrum at no separate charge to the individual subscriber.
7. FCC Reports. The results of any tests required to be filed by Grantee with the
FCC shall upon request of City also be filed with the City or its designee within
ten (10) days of the conduct of such tests.
8. Interconnection. The System servicing the Cities of Arden Hills, Falcon Heights,
Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville,
St. Anthony, and Shoreview shall continue to be completely interconnected. In
addition, Grantee shall make available for interconnection purposes one (1) six (6)
MHz channel for forward video purposes, one (1) six (6) MHz channel for return
video purposes, one (1) six (6) MHz channel for forward data or other purposes,
and one (1) six (6) MHz channel for return data or other purposes between all
Systems adjacent to the North Suburban System and under common ownership with
Grantee.
9. Nonvoice Return CapabilitX. Grantee is required to use cable and associated
electronics having the technical capacity for nonvoice return communications.
10. Lockout Device. Upon the request of a Subscriber, Grantee shall make available
a Lockout Device at no additional charge to Subscribers.
SECTION 5.
SERVICE PROVISIONS
1. Regulation of Service Rates.
a. The City may regulate rates for the provision of Cable Service, equipment,
or any other communications service provided over the System to the extent
allowed under federal or state law(s). City reserves the right to regulate
rates for any future services to the extent permitted by law.
b. Grantee shall give City and Subscribers written notice of any change in a
rate or charge at least one billing cycle prior to the effective date of the
change. Bills must be clear, concise, and understandable, with itemization
of all charges.
2. Non-Standard Installations. Grantee shall install and provide Cable Service to any
Person requesting other than a Standard Installation provided that said Cable
Service can meet FCC technical specifications and all payment and policy
obligations are met. In such case, Grantee may charge for the incremental increase
in material and labor costs incurred beyond the Standard Installation.
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3. Sales Procedures. Grantee shall not exercise deceptive sales procedures when
marketing any of its services within City. In its initial communication or contact
with a non-Subscriber and in all general solicitation materials marketing the
Grantee or its services as a whole, Grantee shall inform the non-Subscriber of all
levels of service available, including the lowest priced and free service tiers.
Grantee shall have the right to market door-to-door during reasonable hours
consistent with local ordinances and regulation.
4. Subscriber Inquirv and Complaint Procedures.
a. Grantee shall have a publicly listed toll-free telephone number which shall
be operated so as to receive Subscriber complaints and requests on a
twenty-four (24) hour-a-day, seven (7) days-a-week, 365 days a year basis.
During normal business hours, trained representatives of Grantee shall be
available to respond to Subscriber inquiries.
b. Grantee shall maintain adequate numbers of telephone lines and personnel
to respond in a timely manner to schedule service calls and answer
Subscriber complaints or inquiries in a manner consistent with regulations
adopted by the FCC and City where applicable and lawful. Under normal
operating conditions, telephone answer time by a customer representative,
including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, transfer time shall
not exceed thirty (30) seconds. These standards shall be met no less than
ninety (90) percent of the time under normal operating conditions,
measured on a quarterly basis. Under normal operating conditions, the
customer will receive a busy signal less than three (3) percent of the tirne.
Grantee shall respond to written complaints with copy to City or its
designee within thirty (30) days.
c. Subject to Grantee's obligations pursuant to law regarding privacy of
certain information, Grantee shall prepare and maintain written records of
all complaints received from City and the resolution of such complaints,
including the date of such resolution. Such written records shall be on file
at the office of Grantee. Grantee shall provide City with a written
summary of such complaints and their resolution upon request of City. As
to Subscriber complaints, Grantee shall comply with FCC record-keeping
regulations, and make the results of such record-keeping available to City
upon request.
d. Subscriber requests for repairs shall be performed within thirty-six (36)
hours of the request unless conditions beyond the control of Grantee
prevent such performance. Grantee may schedule appointments for
Installations and other service call either at a specific time or, at a
maximum, during a four hour time block during normal business hours.
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Grantee may also schedule service calls outside normal business hours for
the convenience of customers. Grantee shall use its best efforts to not
cancel an appointment with a customer after the close of business on the
business day prior to the scheduled appointment. If the installer or
technician is late and will not meet the specified appointment time, he/she
must use his/her best efforts to contact the customer and reschedule the
appointment at the sole convenience of the customer. Service call
appointments must be met in a manner consistent with FCC standards.
5. Subscriber Contracts. Grantee shall file with City any standard form Subscriber
contract utilized by Grantee. If no such written contract exists, Grantee shall file
with the City a document completely and concisely stating the length and terms of
the Subscriber contract offered to customers. The length and terms of any
Subscriber contract(s) shall be available for public inspection during normal
business hours.
6. Refund Policv. In the event a Subscriber establishes or terminates service and
receives less than a full month's service, Grantee shall prorate the monthly rate on
the basis of the number of days in the period for which service was rendered to the
number of days in the billing.
7. Late Fees. Fees for the late payment of bills shall not be assessed until after the
service has been fully provided and, as of the due date of the bill notifying
Subscriber of an unpaid balance, the bill remains unpaid. Late Fees may not
exceed the actual costs to Grantee of late payment of bills and the servicing and
collecting of such accounts.
8. Office PolicX. Grantee shall maintain a location in City or the Franchise territory
encompassing any joint regulatory body of which City is a Member for receiving
Subscriber inquiries and bill payments. The location must be staffed by a person
capable of receiving inquiries and bill payments. In addition, Grantee shall
maintain a local drop box for receiving Subscriber payments after hours.
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS
1. Public. Educational and Government Access.
a. City or its designee is hereby designated to operate, administer, promote,
and manage access (public, education, and government programming)
(hereinafter "PEG access") programming on the Cable System.
b. Grantee shall dedicate 12 channel(s) for PEG access and community
programming use in accordance with the Proposal. All residential
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Subscribers who receive all or any part of the total services offered on the
System shall be eligible to receive such channels at no additional charge.
The channel(s) shall be activated upon the effective date of this Franchise
and thereafter maintained. City may rename, reprogram, or otherwise
change the use of these channels in its sole discretion, provided such use
is non-commercial, lawful, and retains the general purpose of the provision
of community programming. Nothing herein shall diminish the City's
rights to secure additional channels pursuant to Minn. Stat. § 238.084,
which is expressly incorporated herein by reference. City shall provide
ninety (90) days prior written notice to Grantee of City's intent to activate
access channels.
c. Each public and government access channel(s) required by this Section
shall retain the channel designation/number it had as of the commencement
of this Franchise term. Grantee may not move or otherwise change the
channel number or location of any public or government access or
community program channel without the written approval of the City or its
designee. Upon six (6) months notice to City, any other access channel
may be moved by Grantee, but in no event more than once every two (2)
years unless otherwise allowed by City, provided Grantee pays all
reasonable costs or expenses arising out of the channel move including, but
not limited to, equipment necessary to effect the change at the
programmer's production or receiving facility (school frequency routing
equipment, etc.), signage, letterhead, business cards, and reasonable
marketing or other constituency notification costs. In any event, those
access channels carried on the universal service tier pursuant to the MOU
shall remain on the universal service tier. This paragraph shall not apply
to Regional Channel 6.
2. Charges for Use. Channel time and playback of prerecorded programming on the
PEG access and community program channel(s) must be provided without charge
to City and the public.
3. Access Rules. City, or its designee, shall implement rules for use of any access
channel(s).
4. Access Support. Grantee shall continue to be obligated pursuant to the MOU, and
shall additionally provide $667,286.00 over the term of this Franchise for the
acquisition of new equipment according to the schedule in Exhibit A attached.
5. Studio Relocation. In addition to the agreement between the City and Grantee
regarding the North Suburbs Access Corporation relocation pursuant to the access
transfer agreement, the following shall apply: If North Suburbs Access
Corporation expends, with Grantee's express written consent which may not be
unreasonably withheld, over $1,000.00 to remodel or renovate its leasehold in a
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twelve (12) month period and Grantee thereafter requires North Suburbs Access
Corporation to move studio locations, Grantee shall reimburse North Suburbs
Access Corporation 100% of its expenditures if the request to move is within one
(1) year of the expense of North Suburbs Access Corporation. Said reimbursement
shall be decreased by 20% for each year the expense was incurred prior to the date
North Suburbs Access Corporation is required to move.
6. Regional Channel 6. Grantee shall designate standard VHF Channel6 for uniform
regional channel usage.
7. State and Federal Law compliance. Satisfaction of the requirements of this Section
6 satisfies any and all of Grantee's state and federal law requirements of Grantee
with respect to PEG access.
SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS
1. CapacitX.
a. Grantee shall provide an Institutional Network with 54 channel capacity (16
upstream channels and 38 downstream channels) in the 5-450 MHz
spectrum, all in accordance with the Proposal. All institutions designated
on Exhibit B attached hereto and made a part hereof shall be connected to
the Institutional Network along with any new City Hall which may be
constructed by City or to which City may otherwise move its government
offices or City Council meeting locations. Other public or educational
institutions subsequently designated by City shall be connected to the
Institutional Network if the designated institution is located less than five
hundred (500) feet from the existing Institutional Network, or if such
designated institution agrees to reimburse Grantee for Grantee's actual costs
in excess of the five hundred (500) foot installation actual costs.
b. All institutions designated on Exhibit B attached shall be allowed to make
use of the full channel capacity for video uses at no charge. The
institutions designated on Exhibit B attached may make use of three (3)-6
MHz channels downstream and three (3)-6 MHz channels upstream for
non-video uses at no charge.
c. Grantee shall construct and thereafter maintain fiber optics to the
Institutional Network nodes which shall include two (2) fibers to transmit
the fifty-four (54) channels required in subparagraph a. above, and four (4)
additional fibers which are expressly for the use of the institutions listed in
Exhibit B.
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Charges to designated institutions for non-video use of the channels other
than the six (6) non-video dedicated channels (three (3) upstream and three
(3) downstream) on the Institutional Network required in subparagraph a.
above shall be calculated based on Grantee's actual cost plus a 45 % margin
or the "most favored comparable user rate", whichever is lower. Charges
to the designated institutions for video or non-video use of the six (6) fibers
provided to the Institutional Network nodes shall be calculated based only
upon Grantee's incremental actual cost for providing the additional six (6)
fibers.
Use of the Institutional Network by a designated institution is limited to its
own use(s) and no institution may sell Institutional Network capacity or
usage to any third party, without the express written consent of Grantee.
2. Grantee's Use of CapacitX. Grantee may use available capacity on the fifty-four
(54) channel Institutional Network required in Paragraph la. above for other uses
including commercial uses, provided, however, that usage of seventy-five percent
(75 of such capacity by designated institutions shall have priority over other
uses subject to rules or policies adopted by Grantee and approved in advance by
City. Further, should City determine that any portion of Grantee's use of the
twenty-five percent (25 should be terminated to accomodate the use by a
designated institution for video purposes, City may direct that Grantee terminate
its use at the expiration of any third party use contract or three (3) years,
whichever is sooner.
3. End-User Equipment.
a. Designated institutions shalt be generally responsible for providing their
own end-user equipment. However, Grantee shall provide at no charge
twenty (20) new modulators for City and/or designated institutions use of
the Institutional Network, all as approved by the City.
b. With respect to non-video end-user equipment, upon request by a
designated institution, Grantee must either lease the equipment requested
to the requesting institution or make reasonable efforts to arrange for the
lease of such equipment. Within 30 days of a written request, Grantee
must notify the requesting institution in writing of its ability or inability to
lease the requested equipment and the terms of such lease. The City, its
designee, or the requesting institution may purchase or lease the equipment
from any vendor.
c. In addition, Grantee will provide standby power for the Institutional
Network, provide fifteen (15) new pilot generators, re-tune ten (10)
existing return pilot generators, and re-tune one hundred twenty-four 124
existing return amplifiers.
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4. Service Standards. Grantee shall maintain those technical and performance
standards as are detailed in Exhibit D attached. Grantee shall provide the City, or
its designee, upon request with reports of the performance of the I-Net and
Grantee's compliance with the technical and performance standards.
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS
1. Administration f Franchise. The City Administrator or other designee shall have
continuing regulatory jurisdiction and supervision over the System and the
Grantee's operation under the Franchise. The City, or its designee, may issue such
reasonable rules and regulations concerning the construction, operation and
maintenance of the System as are consistent with the provisions of the Franchise
and law.
2. Delegated Authority. The City may appoint a citizen advisory body ar a Joint
Powers Commission, or may delegate to any other body or Person authority to
administer the Franchise and to monitor the performance of the Grantee pursuant
to the Franchise. Grantee shall cooperate with any such -delegatee of City.
3. Franchise Fee.
a. During the term of the Franchise, Grantee shall pay quarterly to City or its
delegatee a Franchise Fee in an amount equal to five percent (5 of its
quarterly Gross Revenues, or such other amounts as are subsequently
permitted by federal statute.
b. Any payments due under this provision shall be payable quarterly. The
payment shall be made within thirty (30) days of the end of each of
Grantee's fiscal quarters together with a report showing the basis for the
computation.
c. All amounts paid shall be subject to audit and recomputation by City and
acceptance of any payment shall not be construed as an accord that the
amount paid is in fact the correct amount.
4. Access to Records. The City shall have the right to inspect, upon reasonable
notice and during normal business hours, or require Grantee to provide within a
reasonable time copies of any records maintained by Grantee which relate to
System operations including specifically Grantee's accounting and financial
records.
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5. Reports and Maps to be Filed with CitX.
a. Grantee shall file with the City, at the time or payment of the Franchise
Fee, a report of all Gross Revenues in form and substance as required by
City.
b. Grantee shall prepare and furnish to City, at the times and in the form
prescribed, such other reasonable reports with respect to Grantee's
operations pursuant to this Franchise as City may require.
c. If required by City, Grantee shall furnish to and file with City
Administrator the maps, plats, and permanent records of.the location and
character of all facilities constructed, including underground facilities, and
Grantee shall file with City updates of such maps, plats and permanent
records annually if changes have been made in the System.
6. Periodic Evaluation.
a. The City may require evaluation sessions at any time during the term of
this Franchise, upon fifteen (15) days written notice to Grantee.
b. Topics which may be discussed at any evaluation session may include, but
are not limited to, application of new technologies, System performance,
programming offered, access channels, facilities and support, municipal
uses of cable, subscriber rates, customer complaints, amendments to this
Franchise, judicial rulings, FCC rulings, line extension policies and any
other topics City deems relevant.
c. As a result of a periodic review or evaluation session, upon notification
from City, Grantee shall meet with city and undertake good faith efforts to
reach agreement on changes and modifications to the terms and conditions
of the Franchise which are both economically and technically feasible.
SECTION 9.
GENERAL FINANCIAL AND INSURANCE PROVISIONS
1. Performance Bond.
a. At the time the Franchise becomes effective and at all times thereafter, until
the Grantee has liquidated all of its obligations with City, the Grantee shall
furnish a bond to City in the amount of $500,000.00 in a form and with
such sureties as reasonably acceptable to City. This bond will be
conditioned upon the faithful performance by the Grantee of its Franchise
obligations and upon the further condition that in the event the Grantee
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shall fail to comply with any law, ordinance or regulation governing the
Franchise, there shall be recoverable jointly and severally from the
principal and surety of the bond any damages or loss suffered by City as a
result, including the full amount of any compensation, indemnification or
cost of removal or abandonment of any property of the Grantee, plus a
reasonable allowance for attorneys' fees and costs, up to the full amount of
the bond, and further guaranteeing payment by the Grantee of claims, liens
and taxes due City which arise by reason of the construction, operation, or
maintenance of the System. The rights reserved by City with respect to the
bond are in addition to all other rights City may have under the Franchise
or any other law. City may, from year to year, in its sole discretion,
reduce the amount of the bond.
b. The time for Grantee to correct any violation or liability, shall be extended
by City if the necessary action to correct such violation or liability is, in the
sole determination of City, of such a nature or character as to require more
than thirty (30) days within which to perform, provided Grantee provides
written notice that it requires more than thirty (30) days to correct such
violations or liability, commences the corrective action within the thirty
(30) days period and thereafter uses reasonable -diligence to correct the
violation or liability. c. In the event this Franchise is revoked by reason of default of Grantee, City
shall be entitled to collect from the performance bond that amount which
is attributable to any damages sustained by City as a result of said default
or revocation.
d. Grantee shall be entitled to the return of the performance bond, or portion
thereof, as remains sixty (60) days after the expiration of the term of the
Franchise or revocation for default thereof, provided City has not notified
Grantee of any actual or potential damages incurred as a result of Grantee's
operations pursuant to the Franchise or as a result of said default.
e. The rights reserved to City with respect to the performance bond are in
addition to all other rights of City whether reserved by this Franchise or
authorized by law, and no action, proceeding or exercise of a right with
respect to the performance bond shall affect any other right City may have.
2. Letter of Credit.
a. At the time of acceptance of this Franchise, Grantee shall deliver to City
an irrevocable and unconditional Letter of Credit, in form and substance
acceptable to City, from a National ar State bank approved by City, in the
amount of $25,000.00.
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b. The Letter of Credit shall provide that funds will be paid to City, upon
written demand of City, and in an amount solely determined by City in
payment for penalties charged pursuant to this Section, in payment for any
monies owed by Grantee to City or any person pursuant to its obligations
under this Franchise, or in payment for any damage incurred by City or
any person as a result of any acts or omissions by Grantee pursuant to this
Franchise.
c. In addition to recovery of any monies owed by Grantee to City or any
person or damages to City or any person as a result of any acts or
omissions by Grantee pursuant to the Franchise, City in its sole discretion
may charge to and collect from the Letter of Credit the following penalties:
i. For failure to timely complete System upgrades as provided in this
Franchise unless City approves the delay, the penalty shall be
$500.00 per day for each day, or part thereof, such failure occurs
or continues.
ii. For failure to provide data, documents, reports or information or to
cooperate with City during an application process or system review
or as otherwise provided herein, the penalty shall be $250.00 per
day for each day, or part thereof, such failure occurs or continues.
iii. Fifteen (15) days following notice from City of a failure of Grantee
to comply with construction, operation or maintenance standards,
the penalry shall be $500.00 per day for each day, or part thereof,
such failure occurs or continues.
iv. For failure to provide the services Grantee has proposed, including,
but not limited to, the implementation and the utilization of the
access channels and the maintenance and/or replacement of the
equipment and other facilities, the penalty shall be $500.00 per day
for each day, or part thereof, such failure occurs or continues.
v. For Grantee's breach of any written contract or agreement with or
to the City or its designee, the penalty shall be $500.00 per day for
each day, or part thereof, such breach occurs or continues.
vi. For failure to comply with any of the provisions of this Franchise,
or other City ordinance for which a penalty is not otherwise
specifically provided pursuant to this paragraph c, the penalty shall
be $250.00 per day for each day, or part thereof, such failure
occurs or continues.
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d. Each violation of any provision of this Franchise shall be considered a
separate violation for which a separate penalty can be imposed.
e. Whenever City finds that Grantee has violated one or more terms,
conditions or provisions of this Franchise, or for any other violation
contemplated in Subparagraph c. above, a written notice shall be given to
Grantee informing it of such violation. At any time after thirty (30) days
(or such longer reasonable time which, in the sole determination of City,
is necessary to cure the alleged violation) following local receipt of notice,
provided Grantee remains in violation of one or more terms, conditions or
provisions of this Franchise, in the sole opinion of City, City may draw
from the Letter of Credit all penalties and other monies due City from the
date of the local receipt of notice.
f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven
(7) days of such draw, notify City in writing that there is a dispute as to
whether a violation or failure has in fact occurred. Such written notice by
Grantee to City shall specify with particularity the matters disputed by
Grantee. All penalties shall continue to accrue and City may continue to
draw from the Letter of Credit during any appeal pursuant to this
subparagraph f.
i. City shall hear Grantee's dispute within sixty (60) days and render
a final decision within sixty (60) days thereafter.
ii. Upon the determination of City that no violation has taken place,
City shall refund to Grantee, without interest, all monies drawn
from the Letter of Credit by reason of the alleged violation.
g. If said Letter of Credit or any subsequent Letter of Credit delivered
pursuant thereto expires prior to thirty (30) months after the expiration of
the term of this Franchise, it shall be renewed or replaced during the term
of this Franchise to provide that it will not expire earlier than thirty (30)
months after the expiration of this Franchise. The renewed or replaced
Letter of Credit shall be of the same form and with a bank authorized
herein and for the full amount stated in Paragzaph A of this Section.
h. If City draws upon the Letter of Credit or any subsequent Letter of Credit
delivered pursuant hereto, in whole or in part, Grantee shall replace or
replenish to its full amount the same within ten (10) days and shall deliver
to City a like replacement Letter of Credit or certification of replenishment
for the full amount stated in Section 9.2 (a) as a substitution of the previous
Letter of Credit. This shall be a continuing obligation for any draws upon
the Letter of Credit.
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i. If any Letter of Credit is not so replaced or replenished, City may draw on
said Letter of Credit for the whole amount thereof and use the proceeds as
City determines in its sole discretion. The failure to replace or replenish
any Letter of Credit may also, at the option of the City, be deemed a
default by Grantee under this Franchise. The drawing on the Letter of
Credit by City, and use of the money so obtained for payment or
performance of the obligations, duties and responsibilities of Grantee which
are in default, shall not be a waiver or release of such default.
j. The collection by City of any damages, monies or penalties from the Letter
of Credit shall not affect any other right or remedy available to City, nor
shall any act, or failure to act, by City pursuant to the Letter of Credit, be
deemed a waiver of any right of City pursuant to this Franchise or
otherwise.
3. Indemnification of CitX.
a. City, its officers, boards, committees, commissions, elected officials,
employees and agents shall not be liable for any loss or damage to any real
or personal property of any Person, or for any injury to or death of any
Person, arising out of or in connection with Grantee's construction,
operation, maintenance, repair or removal of the System or as to any other
action of Grantee with respect to this Franchise.
b. Grantee shall indemnify, defend, and hold harmless City, its officers,
boards, committees, commissions, elected officials, employees and agents,
from and against all liability, damages, and penalties which they may
legally be required to pay as a result of the City's exercise, administration,
or enforcement of the Franchise.
c. Nothing in this Franchise relieves a Person, except City, from liability
arising out of the failure to exercise reasonable care to avoid injuring the
Grantee's facilities while performing work connected with grading,
regarding, or changing the line of a Right-of-Way or public place or with
the construction or reconstruction of a sewer or water system.
4. Insurance.
a. As a part of the indemnification provided in Section 8.3, but without
limiting the foregoing, Grantee shall file with City at the time of its
acceptance of this Franchise, and at all times thereafter maintain in full
force and effect at its sole expense, a comprehensive general liability
insurance policy, including broadcaster's/cablecaster's liability and
contractual liability coverage, in protection of the Grantee, and the City,
its officers, elected officials, boards, commissions, agents and employees
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for any and all damages and penalties which may arise as a result of this
Franchise. The policy or policies shall name the City as an additional
insured, and in their capacity as such, City officers, elected officials,
boards, commissions, agents and employees.
b. The policies of insurance shall be in the sum of not less than $1,000,000.00
for personal injury or death of any one Person, and $2,000,000.00 for
personal injury or death of two or more Persons in any one occurrence,
$500,000.00 for property damage to any one person and $2,000,000.00 for
property damage resulting from any one act or occurrence.
c. The policy or policies of insurance shall be maintained by Grantee in full
force and effect during the entire term of the Franchise. Each policy of
insurance shall contain a statement on its face that the insurer will not
cancel the poiicy or fail to renew the policy, whether for nonpayment of
premium, or otherwise, and whether at the request of Grantee or for other
reasons, except after sixty (60) days advance written notice have been
provided to City.
SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
1. Cit, 'y s Right to Revoke.
a. In addition to all other rights which City has pursuant to law or equity, City
reserves the right to commence proceedings to revoke, terminate or cancel
this Franchise, and all rights and privileges pertaining thereto, if it is
determined by City that:
i. Grantee has violated material provisions(s) of this Franchise; or
ii. Grantee has attempted to evade any of the provisions of the
Franchise; or
iii. Grantee has practiced fraud or deceit upon City.
City may revoke this Franchise without the hearing required by 9.2(b)
herein if Grantee is adjudged a bankrupt.
2. Procedures for Revocation.
a. City shall provide Grantee with written notice of a cause for revocation and
the intent to revoke and shall allow Grantee thirty (30) days subsequent to
receipt of the notice in which to correct the violation or to provide adequate
26
assurance of performance in compliance with the Franchise. In the notice
required herein, City shall provide Grantee with the basis of the revocation.
b. Grantee shall be provided the right to a public hearing affording due
process before the City Council prior to the effective date of revocation,
which public hearing shall follow the thirty (30) day notice provided in
subparagraph (a) above. City shall provide Grantee with written notice of
its decision together with written findings of fact supplementing said
decision.
c. Only after the public hearing and upon written notice of the determination
by City to revoke the Franchise may Grantee appeal said decision with an
appropriate state or federal court or agency.
d. During the appeal period, the Franchise shall remain in full force and effect
unless the term thereof sooner expires or unless continuation of the
Franchise would endanger the health, safety and welfare of any person or
the public.
3. Abandonment of Service. Grantee may not abandon the System or any portion
thereof without having first given three (3) months written notice to City. Grantee
may not abandon the System or any portion thereof without compensating City for
damages resulting from the abandonment, including all costs incident to removal
of the System.
4. Removal After Abandonment. Termination or Forfeiture.
a. In the event of termination or forfeiture of the Franchise or abandonment
of the System, City shall have the right to require Grantee to remove all or
any portion of the System from all Rights-of-Way and public property
within City.
b. If Grantee has failed to commence removal of System, or such part thereof
as was designated by City, within thirty (30) days after written notice of
City's demand for removal is given, or if Grantee has failed to complete
such removal within twelve (12) months after written notice of City's
demand for removal is given, City shall have the right to apply funds
secured by the Letter of Credit and Performance Bond toward removal
and/or declare all right, title, and interest to the System to be in City with
all rights of ownership including, but not limited to, the right to operate the
System or transfer the System to another for operation by it.
27
5. Sale or Transr'er of Franchise.
a. No sale or transfer of the Franchise, or sale, transfer, or fundamental
corporate change of or in Grantee, including, but not limited to, a
fundamental corporate change in Grantee's parent corporation or any entity
having a controlling interest in Grantee, the sale af a controlling interest in
the Grantee's assets, a merger including the merger of a subsidiary and
parent entity, consolidation, or the creation of a subsidiary or affiliate
entity, shall take place until a written request has been filed with City
requesting approval of the sale, transfer, or corporate change and such
approval has been granted or deemed granted, provided, however, that said
approval shall not be required where Grantee grants a security interest in
its Franchise and/or assets to secure an indebtedness.
b. Any sale, transfer, exchange or assignment of stock in Grantee, or
Grantee's parent corporation or any other entity having a controlling
interest in Grantee, so as to create a new controlling interest therein, shall
be subject to the requirements of this Section 10.5. The term "controlling
interest" as used herein is not limited to majority stock ownership, but
includes actual working control in whatever manner exercised. In any
event, as used herein, a new "controlling interest" shall be deemed to be
created upon the acquisition through any transaction or group of
transactions of a legal or beneficial interest of fifteen percent (15%) or
more by one Person. Acquistion by one Person of an interest of five
percent (5 or more in a single transaction shall require notice to City.
c. The Grantee shall file, in addition to all documents, forms and information
required to be filed by applicable law, the following:
1. All contracts, agreements or other documents that constitute the
proposed transaction and all exhibits, attachments, or other
documents referred to therein which are necessary in order to
understand the terms thereof.
2. A list detailing all documents filed with any state or federal agency
related to the transaction including, but not limited to, the MPUC,
the FCC, the FTC, the FEC, the SEC or MnDOT. Upon request,
Grantee shall provide City with a complete copy of any such
document; and
3. Any other documents or information related to the transaction as
may be specifically requested by the City.
d. City shall have such time as is permitted by federal law in which to review
a transfer request.
28
e. The Grantee shall reimburse City for all the legal, administrative, and
consulting costs and fees associated with the City's review of any request
to transfer. Nothing herein shall prevent Grantee from negotiating partial
or complete payment of such costs and fees by the transferee. Grantee may
not itemize any such reimbursement on Subscriber bills, but may recover
such expenses in its subscriber rates.
f. In no event shall a sale, transfer, corporate change, or assignment of
ownership or control pursuant to subparagraph (a) or (b) of this Section be
approved without the transferee becoming a signatory to this Franchise and
assuming all rights and obligations thereunder, and assuming all other
rights and obligations of the transferor to the City including, but not limited
to, any adequate guarantees or other security instruments provided by the
transferor.
g. In the event of any proposed sale, transfer, corporate change, or assignment
pursuant to subparagraph (a) or (b) of this Section, City shall have the right
to purchase the System for the value of the consideration proposed in such
transaction. City's right to purchase shall arise upon City's receipt of
notice of the material terms of an offer or proposal for sale, transfer,
corporate change, or assignment, which Grantee has accepted. Notice of
such offer or proposal must be conveyed to City in writing and separate
from any general announcement of the transaction.
h. City shall be deemed to have waived its right to purchase the System
pursuant to this Section only in the following circumstances:
i. If City does not indicate to Grantee in writing, within sixty (60)
days of receipt of written notice of a proposed sale, transfer,
corporate change, or assignment as contemplated in Section 10.5 (g)
above, its intention to exercise its right of purchase; or
ii. It approves the assignment or sale of the Franchise as provided
within this Section.
i. No Franchise may be transferred if City determines Grantee is in
noncompliance of the Franchise unless an acceptable compliance program
has been approved by City. The approval of any transfer of ownership
pursuant to this Section shall not be deemed to waive any rights of City to
subsequently enforce noncompliance issues relating to this Franchise even
if such issues predated the approval, whether known or unknown to City.
29
SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS
1. Discriminatorv Practices Prohibited. Grantee shall not deny service, deny access,
or otherwise discriminate against Subscribers or general citizens on the basis of
race, color, religion, national origin, sex, age, status as to public assistance,
affectional preference, or disability. Grantee shall comply at all times with all
other applicable federal, state, and city laws, and all executive and administrative
orders relating to nondiscrimination.
2. Subscriber Privacv.
a. No signals including signals of a Class IV Channel may be transmitted from
a Subscriber terminal for purposes of monitoring individual viewing
patterns or practices without the express written permission of the
Subscriber. Such written permission shall be for a limited period of time
not to exceed one (1) year which may be renewed at the option of the
Subscriber. No penalty shall be invoked for a Subscriber's failure to
provide or renew such authorization. The authorization shall be revocable
at any time by the Subscriber withaut penalty of any kind whatsoever.
Such permission shall be required for each type or classification of Class
IV Channel activity planned for the purpose of monitoring individual
viewing patterns or practices.
b. No lists of the names and addresses of Subscribers or any lists that identify
the viewing habits of Subscribers shall be sold or otherwise made available
to any party other than to Grantee or its agents for Grantee's service
business use or to City for the purpose of Franchise administration, and
also to the Subscriber subject of that information, unless Grantee has
received specific written authorization from the Subscriber to make such
data available. Such written permission shall be for a limited period of
time not to exceed one (1) year which may be renewed at the option of the
Subscriber. No penalty shall be invoked for a Subscriber's failure to
provide or renew such authorization. The authorization shall be revocable
at any time by the Subscriber without penalty of any kind whatsoever.
c. Written permission from the Subscriber shall not be required for the
conducting of System wide or individually addressed electronic sweeps for
the purpose of verifying System integrity or monitoring for the purpose of
billing. Confidentiality of such information shall be subject to the
provision set forth in subparagraph (b) of this Section.
30
SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for
any firm, Person, group, company, corporation, or governmental body or agency,
without the express consent of the Grantee, to make or possess, or assist anybody
in making or possessing, any unauthorized connection, extension, or division,
whether physically, acoustically, inductively, electronically or otherwise, with or
to any segment of the System or receive services of the System without Grantee's
authorization.
2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person,
group, company, or corporation to willfully interfere, tamper, remove, obstruct,
or damage, or assist thereof, any part or segment of the System for any purpose
whatsoever, except for any rights City may have pursuant to this Franchise or its
police powers.
3. Pealtv. Any firm, Person, group, company, or corporation found guilty of
violating this section may be fined not less than Twenty Dollars ($20.00) and the
costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of
the action for each and every subsequent offense. Each continuing day of the
violation shall be considered a separate occurrence.
SECTION 13.
MISCELLANEOUS PROVISIONS
1. Franchise Renewal. Any renewal of this Franchise shall be performed in
accordance with applicable federal, state and local laws and regulations. The term
of any renewed Franchise shall be limited to a period not to exceed fifteen (15)
years.
2. Work Performed bY Others. All applicable obligations of this Franchise shall
apply to any subcontractor or others performing any work or services pursuant to
the provisions of this Franchise, however, in no event shall any such subcontractor
or other performing work obtain any rights to maintain and operate a System or
provide Cable Service. Grantee shall provide notice to City of the name(s) and
address(es) of any entity, other than Grantee, which performs substantial services
pursuant to this Franchise.
3. Amendment of Franchise Ordinance. Grantee and City may agree, from time to
time, to amend this Franchise. Such written amendments may be made subsequent
to a review session pursuant to Section 7.5 or at any other time if City and Grantee
agree that such an amendment will be in the public interest or if such an
31
amendment is required due to changes in federal, state or local laws. Provided,
however, nothing herein shall restrict City's exercise of its police powers or Ciry's
authority to unilaterally amend Franchise provisions to the extent permitted by law.
4. Co=liance with Federal. State and Local Laws.
a. If any federal or state law or regulation shall require or permit City or
Grantee to perform any service or act or shall prohibit City or Grantee
from performing any service or act which may be in conflict with the terms
of this Franchise, then as soon as possible following knowledge thereof,
either party shall notify the other of the point in conflict believed to exist
between such law or regulation. Grantee and City shall conform to state
laws and rules regarding cable communications not later than one year after
they become effective, unless otherwise stated, and to conform to federal
laws and regulations regarding cable as they become effective.
b. If any term, condition or provision of this Franchise or the application
thereof to any Person or circumstance shall, to any extent, be held to be
invalid or unenforceable, the remainder hereof and the application of such
term, conclition or provision to Persons or circumstances other than those
as to whom it shall be held invalid or unenforceable shall not be affected
thereby, and this Franchise and all the terms, provisions and conditions
hereof shall, in all other respects, continue to be effective and complied
with provided the loss of the invalid or unenforceable clause does nor
substantially alter the agreement between the parties. In the event such
law, rule or regulation is subsequently repealed, rescinded, amended or
otherwise changed so that the provision which had been held invalid or
modified is no longer in conflict with the law, rules and regulations then in
effect, said provision shall thereupon return to full force and effect and
shall thereafter be binding on Grantee and City.
5. Nonenforcement by Citv. Grantee shall not be relieved of its obligations to comply
with any of the provisions of this Franchise by reason of any failure or delay of
City to enforce prompt compliance. City may only waive its rights hereunder by
expressly so stating in writing. Any such written waiver by City of a breach or
violation of any provision of this Franchise shall not operate as or be construed to
be a waiver of any subsequent breach or violation.
6. Rights Cumulative. All rights and remedies given to City by this Franchise or
retained by City herein shall be in addition to and cumulative with any and all
other rights and remedies, existing or implied, now or hereafter available to City,
at law or in equity, and such rights and remedies shall not be exclusive, but each
and every right and remedy specifically given by this Franchise or otherwise
existing or given may be exercised from time to time and as often and in such
order as may be deemed expedient by City and the exercise of one or more rights
32
or remedies shall not be deemed a waiver of the right to exercise at the same time
or thereafter any other right or remedy.
7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it
has had an opportunity to review the terms and conditions of this Franchise and
that under current law Grantee believes that said terms and conditions are not
unreasonable or arbitrary, and that Grantee believes City has the power to make
the terms and conditions contained in this Franchise.
SECTION 14.
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
1. Publication: Effective Date. This Franchise shall be published in accordance with
applicable local and Minnesota law. The Effective Date of this Franchise shall be
the date of acceptance by Grantee in accordance with the provisions of Section
14.2.
2. Acceptance.
a. Grantee shall accept this Franchise within sixty (60) of its enactment by the
City Council, unless the time for acceptance is extended by City. Such
acceptance by the Grantee shall be deemed the grant of this Franchise for
all purposes provided, however, this Franchise shall not be effective until
all City ordinance adoption procedures are complied with and all applicable
timelines have run for the adoption of a City ordinance. In the event
acceptance does not take place, or should all ordinance adoption procedures
and timelines not be completed, this Franchise and any and all rights
granted hereunder to Grantee shall be null and void.
b. Upon acceptance of this Franchise, Grantee and City shall be bound by all
the terms and conditions contained herein.
c. Grantee shall accept this Franchise in the foliowing manner:
i. This Franchise will be properly executed and acknowledged by
Grantee and delivered to City.
ii. With its acceptance, Grantee shall also deliver any grant payments,
performance bond and insurance certificates required herein that
have not previously been delivered.
33
Passed and adopted this day of , 1998.
ATTEST: CITY OF ARDEN HILLS
By: By:
Its: Its:
ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions.
Dated: By:
Its :
C:\C ABLE\NSCCCC\ARDENHIL. FRN
34
EXHIBIT A
ShMeredith
. Kevin C. Griffin
~ TVM.Cable President & General Manager
. 934 Woodhill Drive (Fax) 612/483-9184
Roseville, MN 55113 Customer Service: 612/483-9999
Administration: 612/483-3233
August 4, 1997
Ms. Cor Wilson, Executive Director
North Suburban Cable Communications Commission
950 Woodhill Drive
Roseville, Minnesota 55113
Re: North Suburban Cable Communications Franchise Renewal
Dear Cor:
Attached please find an updated and revised Renewal Proposal per your';request. We have made
an attempt to identify everything that has been ageed to between us. Should there be any
confusion please refer to my memorandum of 7uly 31, 1997 to Mr. Creighton.
As we have discussed, any agreements or offers regardin; clarifications or modifications of our
May 13, 1997 proposal have been made in the spirit and context of an entire "package" of
understandings. Accordingly, changes in any one component could result in a need to change
other components. Please feel free to contact me with any questions or for further clarification.
Sinc4C.Grifffifin
lK in ° cc: Thomas D. Crei;hton Randall Coieman
Kathi Donnelly-Cohen
John Gibbs
Trudi McCollum Foushee
EXHIBIT A - Continued
Renewll Proposal - Investment for the Future
Meredith Cable proposes to meet the needs of the North Suburbs with this investment plan for the
future which will thoroughly revitalize and modernize the system. This plan includes a franchise
commitment to develop the system to 750 MHZ capacity. This plan will result in higher quality
signals, expanded channel capacity and the opportunity to launch new programming services. In
addition, Meredith Cable proposes to upgrade the existing Institutional Network and incorporate
fiber into the system to faciiitate future expansion of the Institutionat Network. Meredith Cable
also proposes a renewal of our commitment to support of local access programming and the
establishment of capability to enable the development of future high speed data transmission
services and other future services. This proposal represents an agjressive effort to respond to
identified community needs and interests, taking into account the cost of ineeting those needs and
interests over the requested fifteen (15) year renewal time frame. The specifics of the proposal
are set forth below:
A SUBSCRIBER SYSTEM UPGRADE DESIGN AND CONSTRUCTION
Meredith Cable will commit in a renewal franchise that the subscriber system servinj the North
Suburbs will be enhanced from the current 450 MHZ, 65 channeI system to a state-of-the-art 750
MHZ system ofFering dramatically more channel capacity, higher sijnal quality, more reliability
and more features as set forth below:
• A- 1. The subscriber network will be 750 MHZ capacity. Meredith plans to initially
program 81 downstream channels upon activation - with phased activation launches as
nodes are completed. This leaves an additional 200 MHZ capacity available for future
activation of additionaI video channels, digital services, and other serviees as future
marketplace needs dictate. In addition, the system will be desi;ned with the capability to
transmit return signals upstream at 5- 40 iNflIZ in the future as commercial need dictates
and with mutually acceptable franchise lan~uage that establishes a mechanism for
discussions regarding activation of the return.
• A- 2. Hybrid fiber-coaxial architecture will be deployed.
• A- 3. Initially, the system will be developed with approximately Forty (40) pockets which
. are called "nodes", each connected by optical fiber and serving approximately Two
Thousand (2000) homes with a minimum 16 fiber count. The fiber optic nodes will be
desijned to be capable of migrating to five hundred (500) home nodes with a minimum 4
fiber count as marketplace need dictates.
• A- 4. All power supplies will be equipped with standby power capability which, at a
minimum, will be initially activated at the node locations.
• A- 5. In order to better assure reliability and system maintenance, the system will
EXHIBIT A - Continued
incorporate status monitoring at nodes and strategic locations. .
• A- 6. Non-interruptible power-passing compatible taps are planned for ease of
maintenance and less disruption during system maintenance.
• A- 7. Adequate fiber count, a minimum of 16 per initial 2,000 home node, will be
included in order to facilitate future expansion of needs including future expansion of
needs in business corridors as commercial need dictates.
• A- 8. The subscriber RF system will accommodate and be capable of providing return
signals in 5- 40 MHZ bandwidth in the future. Such return capacity will be activated as
commercial and marketplace need dictates and with mutually acceptable franchise
languaae that establishes a mechanism for discussions regarding the activation of the
return.
• A- 9. All existin; head end equipment will be replaced with state-of-the-art standard
. frequency head end equipment.
• . A- 10. Basic Service channel mappinor will no longer be utilized by the system, thereby
permittin~ all local VHF off-air broadcast signals to be located "on-channel" for all
customers and with no impact on the PEG channel location on Universal Service.
• A- 11. Standby power will continue to be in place for the head end.
• A- 12. The system will have the capability to receive and pass through all local broadcast
sijnals in diaital farmat as required by applicable federal rules and recrulations and in
compliance with applicable FCC mandated time lines.
• A- 13. The system will permit all channels available to Meredith Cable in stereo to be
passed through in stereo.
• A- 14. Meredith Cable will commence application for licenses and permits related to
construction within 90 days after the commencement of the renewal period.
• A- 15. Meredith Cable will commence desijn, walkout, etc. related to construction
within 90 days after commencement of the renewal period.
• A- 16. Meredith Cable proposes to enter into a franchise timetable to complete the
, project by November 30, 2000 and will aggressively work to substantially complete
construction by November 30, 1999. Meredith Cable will carefully map and report any
underground pIant that may be abandoned. Stand aione abandoned aerial cable will be
removed.
2
EXHIBIT A - Continued
• A- 17. Meredith Cable proposes that interconnection between commonly owned,
adjacent franchised systems in the Twin Cities marketplace can be accommodated by
making available one (1) 6 NIHZ channel for forward video purposes, one (1) 6 MHZ
channel for return video purposes, one (1) 6 MHZ channei for forward data and /or other
purposes, and one (1) 6 MHZ channel for return data and/or other purposes. Actual
interconnection with other franchise areas will be subject to technical capability of those
systems and those franchise areas entering into similar renewal agreements containing
similar provisions.
• A- 18. 1Vleredith Cable plans to have a 750 MHZ carrier inserted at a level l Odb below
the video carriers that will be measured as a normal procedure during service calls. The
drop cable and passives will be inspected during normal installations to assure that 750
NIHZ can be passed. Should a drop or associated passive equipment not pass the full 750
MHZ, the address will be noted and at the time the address upgrades service that requires
signal above 550 MHZ, the drop and/or associated equipment will be changed out.
B. INSTITUTIONAL NETWORK
Meredith Cable proposes to meet the needs of institutions and users by up~radin~ the existin~
Institutional Network, including fiber capacity in the system to facilitate future Institutional
Network enhancements, and with mutually acceptable franchise languaje re]ating to technical and
perFormance standards for the Institutional Network. This plan will offer flexibility and
alternatives to local governments, public school districts, private schools, higher educational
institutions, libraries and the sociai service community for the delivery and exchange of video and
telecommunications services. Specifically, Meredith Cable proposes to make the following
franchise commitments:
• B- 1. Frequency spectrum (including upstream and downstream); 5 - 450 MHZ.
• B- 2. Channel capacity of 54 channels (16 upstream and 38 downstream).
• B- 3. 15 additional pilot generators.
• B -4. Re-tuninc, of 10 existino, pilot aenerators.
• B- 5. Re-tuning of 124 existing amplifiers.
a B- 6. Provision of 20 additional modulators or de-modulators.
• B- 7. Standby power with full battecy placement.
• B- 8. Four (4) count shadow fiber placed along that part of the subscriber network that
parallels the Institutional Network.
~
~
EXHIBIT A - Continued
~ B- 9. Meredith Cable will make the I-Net available to the designated institutions for
video uses at no charge.
• B- 10. Meredith Cable will make three (3) 6 MHz channels available downstream and
three (6) MHz channels available upstream, for non-video uses at no charge.
• B- 11. Meredith Cable will charge designated institutions for all non-video uses beyond
B- 10. mentioned above at a rate calculated based on the Company's actual cost plus a
45% margin or "most favored comparable user" rate, whichever is lower.
~ B- 12. Nothing contained herein shall prevent Meredith Cable from using available
capacity for other uses except that designated institutions shall have priority over other
uses subject to rules or policies adopted by Meredith Cable after consultation with the
Commission.
• B- 13. Use of the I-Net by the Cable Corrunission, cities or delegated institutions will be
limited to their own uses and no institution may sell any service to any third party.
• B- 14. Meredith Cable will either allow designated institutions to purchase their own
equipment or will lease end-user terminal equipment to requesting institutions.
• B- 15. Meredith Cable will provide and maintain I-Net equipment for the Commission,
member cities and designated institutions on a cost recovery basis.
C. PROGRAMMING
Upon completion and activation by territory, Meredith will pro;ram a minimum of 81 analoj
video channels. While definitive programming agreements have not been entered into and, as
such, specific packaging, tiering and pricinc, decisions cannot be made at this time, it is anticipated
that prices will be adjusted as authorized to reflect the additional pro~rammin~ as well as project
and programming costs. As examples, we preliminarily anticipate the followina new
programmin; choices or similar services will be available:
• C- 1. Basic Service (or equivalent) - Initially, Meredith Cable anticipates a continuation
of current Basic Service offerinc, of 28 channels without a realianment of channels within
Universal Service.
• C- 2. Preferred Tier Service (or equivalent) - Meredith Cable anticipates the addition
of 4 or 5 channels to this tier that currently consists of 29 channels. There will be a
correspondina rate adjustment. Preliminarily, and as examples, we anticipate the Iikely
addition of the following exciting new offerings or others as we may deem more
responsive to subscriber or marketplace needs and interests.:
4
EXHIBIT A - Continued
• The Golf Chlnnel- The Golf Channel is the premier network devoted to the
sport of golf providing more live golf coverage than all other networks combined.
Tournaments include coverage from the PGA Tour, Senior PGA Tour, NIKE
Tour, LPGA, Australian and PGA European Tour. Original live prooramming on
The Golf Channel includes a weekly live call-in show, Golf Talk Live, and a
nightly golf news show, Golf Central. The service also provides instructional
programs such as The Golf Channel Academy.
• The Cartoon Network - Featuring the world's largest cartoon library, the
Cartoon Network features all-animated cartoon programming at any time of the
day or night. For cartoon lovers of all ages, this network offers 8,500 animated
programs from the Hanna-Barbara libraries including The Jetsons, The Flintstones
and many more.
• Classic Sports Network - The first 24-hour, all sports television hall of fame,
featurinc, the world's largest library of rare and exclusive programming from
professional, amateur, college sports and the Olympic Games.
• TV Food Channel - Helps cable television viewers learn new recipes and cooking
techniques, `spice' up family meals, learn the latest in healthier cuisine and explore
fine restaurants nationwide. Hosts include world-class chefs, restaurateurs, mothers who work outside the home and celebrities.
• Sneak Prevue - Sneak Prevue is the channel cable customers turn to 24 hours a
day, for the most up-to-date information on proaramming available for order on a
Pay-Per-View basis.. The service includes video clips of Pay-Per-View movies
and events along with complete ordering information.
• C- 3. New Product Tier Service - Meredith Cable anticipates the addition of 4 or 5
channels to a new, separately priced tier of service. Preliminarily, and as examples, we
anticipate the likely addition of the following excitin- new offerino's or others as we may
deem more responsive to subscriber or marketplace needs and interests.:
• Independent Film Channel - The first network dedicated to independent film,
showcasino, feature-lenath premieres, domestic and international films,
documentaries, shorts, animation, new works, and masters. All movies are shown
un-cut and without commercials, 24 hours a day.
• FX Movies - Twenty four hours per day, un-cut and commercial free, FX Movies
brin~s the vast Fox film library to cable television.
• TV Laud - America's favorite classic television shows are brought back to
5
EXHIBIT A - Continued
television. A companion station to Nick at Night, TV Land expands into all areas
of classic television, comedies, dramas, variety shows, and even c(assic
commercials.
~ Turner Classic Movies - The world's greatest collection of classic movies 24
hours a day, with no commercial interruptions.
• CNN SI - The 24 hour sports news network from CNN and Sports Illustrated.
Seven days a week CNN SI is a 24 hour network offering coverage of sports news
unlike any other service. CNN SI utilizes the news gathering resources of CNN
and in-depth reporting expertise of Sports Illustrated and provides sports viewers
the most complete on-demand coverage available anywhere.
• C- 4. Premium Services - Meredith Cable will ad several new optional premium service
selections. Preliminarily, and as examples, we anticipate the likely addition of the
following new premium offerin~s or others as we may deem more responsive to subscriber
or marketplace needs and interests:
• HBO 3- With Multichannel; HBO featuring HBO 2 and HBO 3, you always have
three HBO programs to choose from. A Hollywood hit, ~maybe an HBO Original
that everyone's talking about or something light like HBO Comedy Hour. The
choice..and convenience...is yours!
• HBO Family - HBO Family is a new HBO channel designed especially for a
. family to watch together. With HBO Family's daily programming blocks, HBO
Kids Block, the HBO Family Feature Black and Grown Ups Block, you always
l:now just what kind of pro~rams are on any time. Your family will love our
family!
• Showtime 3- With Multichannel Showtime featurinlg Showtime 2 and Showtime 3
you'll see the biggest Hollywood hits, excitinc, Showtime Ori-inal Pictures,
featurinc., the hottest stars and stories - sexy thrillers, sci-fi, National Lampoon
comedy and high profile dramas. Multichannel convenience means you'll always
find the program to match your mood!
• C- 5. Pav-Per-View Services - Meredith Cable will offer more optional pay-per-view
service selections. Preliminarily, and as examples, we anticipate the likely addition of the
followinc, three new pay-per-view services or others as we may deem more responsive to
subscriber marketplace needs and interests:
~ Viewer's Choice 3- featurinc, "movie-of-the-day" schedules allowing customers
to see the biest hits as soon as they become available.
6
EXHIBIT A - Continued
• Viewei•'s Choice 4- similar to Viewer's Choice 3 but featuring yet another movie
option.
• Viewer's Choice 5- similar to above featurin~ yet another movie option.
• C- 6. Interactive Services - Meredith Cable's plan contempiates the capability of
offering interactive services upon completion of the project and a reasonable expectation
of consumer acceptance and financial viability. While various services are cunently
developing, Meredith Cable is considering, among other services, a digital music service
and interactive program ;uide. No decisions have been made regarding particular
services, pricing or launch dates.
• C- 7. Digital Services - Meredith Cable anticipates that additional premium service
options, pay-per-view offerings and other new services includinor future di~ital secvices
will be offered over time utilizin~ the appropriate bandwidth.
A. HIGFi SPEED DATA TRANSMISSION
In addition to traditional video services, the cable system will position Meredith Cable to offer
new and yet-to-be-developed non-video services.
• D- 1. The subscriber network will have adequate capability to enable the provision of
high speed data service such as Internet access as marketplace need dictates.
• D- 2. Meredith Cable's system will be able to address opportunities to meet the non-
video interests of the business community by includin~ fiber capacity throu~h business
_ corridors identified durin; the construction walkout in order to explore high speed data
services demand by business users.
G
E COMMITMENT TO ACCESS PROGRAMMIN
Meredith Cable proposes to meet and exceed the a;reements regardinc, access support which
were entered into with the North Suburban Cable Communications Commission in the November
3, 1994 Memorandum of Understandinor. Specifically Meredith Cable proposes the following
support for local access programming:
• E- 1. Meredith Cable agrees to maintain the number of access channels (12) as cunently
exist and accept the concept of havin; the current channel loan agreements extended for
the fifteen (15) year renewal term and that the Commission wil[ retain control over the
entire 6 Vg-IZ spectrum that equals one channel..
• E- 2. Meredith Cable agrees that the Commission can, on its own, chancre the name of
required PEG channels, provided that Meredith is indemnified from any claims as a result
7
EXHIBIT A - Continued
of suck action by the Commission.
• E- 3, Meredith Cable proposes that the PEG support components of the Memorandum of
Understanding remain intact. Rather than the PEG support fee set forth in the May 13,
1997 originat proposal, Meredith proposes a PEG fee based on the following: a new
commitment to provide the Commission a total of $667,286 for the franchise term for
acquisition of new equipment as follows and to be assessed as part of the PEG Fee; the
$50,000 Equipment Replacement Grant, per the MOU; the appropriate amount for the
Operating Grant, per the MOU; the appropriate amount for Universal Service, per the
MOU; and the appropriate amount for the Scholarship Grant (which may be used for other
purposes at the Commission's discretion), per the MOU:
New Equipment Acquisition Grants
Year Amount
1 $ 40,000
2 $ 40,600
3 $ 41,209
4 $41, 827
5 $ 42,455 .
6 $ 43, 091
7 $ 43,7;8
8 $ 44, 3 94
9 $ 45,060
10 S45,736
11 $ 46,422
12 $ 47,118
13 $ 47,825
14 $ 48,542
15 $ 49,270
• E- 4. Should Meredith Cable request the relocation of the CTV studio, Meredith agrees
that the current agreements governing CTV relocation will remain intact. Meredith does
not waive any ri~hts it may have with respect to the ability to recover any such costs
should a move occur.
8
EXHIBIT B
North Suburban Area Institutional Connections
City of Arden Hills
Inst. Name Street Address City Phone t-Net Sub
Afden Hills City Hall 4364 W. Round Lk. Rd. (Temp.) Arden Hills 636-5676 X X
Arden Hills Public Works 1460 W. Hwy. 96 Arden Hills 636-5676 YX
Util.- Booster 1230Red Fox Road Arden Hills Y
Util.- Lift #1 3196 North Cleveland Arden Hills Y
Utii.- Lift #10 3804 North Cleveland Arden Hills Y
Util.- Lift #11 1901 Highway 96 Arden Hills Y
Util.- Lift #12 1965 Thom Drive Arden Hills Y
Util.- Lift #13 1123 Karth Lake Drive Arden Hills Y
Util.- Lift #14 Hwy 96, (MN Nat. Guard) Arden Hills Y
Util.- Lift #2 1850 Co. Rd. E2 Arden Hills Y
Util.- Lift #3 1578 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #4 3484 Ridgewood Road Arden Hills Y
Util.- Lift #5 3495 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #6 3328 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #7 3230 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #8 1335 Ingerson Road Arden Hills Y
Util.- Lift #9 3168 Ridgewood Road Arden Hills Y
Util.- Roseville Station Y
City of Falcon Heights
Inst. Name Street Address City Phone I-Net Sub
Falcon Heights City Hall 2077 W. Larpenteur Ave. Falcon Heights 644-5050 X X
Falcon Heights Community Bldg. 2050 W. Roselawn Ave. Falcon Heights 645-2712 N Y
Falcon Heights Fire Station 2077 W. Larpenteur Ave. Falcon Heights 644-5575 X X
City of Lauderdale
Inst. Name Street Address City Phone I-Net Sub
Lauderdale City Hall F1891 Walnut St. Lauderdale 631-0300 X 17X
EXHIBIT B - Continued
Nor.th Suburban Area Institutionol Connections Page 2
Inst. Name Street Address City Phone I-Net Sub
City of Little Canada
Inst. Name Street Address City Phone I-Net Sub
City Garage 3100 Country Drive Little Canada Y Y
Ice Rink 430 Little Canada Road Little Canada Y
Ice Rink 100 E. Demont Little Canada Y
Little Canada City Hall 515 E. Little Canada Rd. Little Canada 484-2177 X X
Little Canada Fire Station 325 Little Canada Rd. Little Canada 871-5503 X X
Old Little Canada Fire Station 440 E. Little Canada Rd. Little Canada 871-5503 X X
Shelter 350 Eli Road Little Canada Y
Shelter 2950 Centerville Little Canada Y
Util.- Booster Station 141 Co. Rd. B Little Canada Y
Util.- Lift Station 672 Co. Rd. B Little Canada Y
Util.- Lift Station 2537 Keller Parkway Little Canada Y
Util.- Lift Station 99 Co Rd. B Little Canada Y
Util.- Lift Station 2458 Dianna Lane Little Canada Y
Util.- Lift Station 2707 Jessica Court Little Canada Y
Util.- Lift Station 1002 Co. Rd. D Little Canada Y
Util.- Lift Station 216 Co. Rd. B-2 E. Little Canada Y
Util.- Water Meter Station 5 Roselawn Little Canada Y
Util.- Water Tower 517 Little Canada Road Little Canada Y
City of Mounds View
Inst. Name Street Address City Phone I-Net Sub
Bridges Golf Course 2850 82nd Lane NE Blaine Y Y
Mounds View City Hall 2401 Hwy. 10 Mounds View 784-3055 X X
Mounds View Community Center 5394 Edgewood Dr. Mounds View Y Y
Mounds View Fire Station Hwy. 10 Mounds View X Y
Mounds View Maintenance Gar. 2466 NE Bronson Dr. Mounds View 784-3114 Y X
Util.- Booster Station (Reservoir) 2450 Bronson Drive Mounds View Y
EXHTBIT B - Continued
North Suburban Area Institutional Connections Page s
Inst. Name Street Address City Phone I-Net Sub
Util.- Lift Station #1 5396 Raymond Ave. Mounds View Y
Util.- Lift Station #2 8251 Groveland Road Mounds View Y
Util.- Well #1 2401 Highway 10 Mounds View Y
Util.- Well #2 2524 Bronson Drive Mounds View Y
Utif.- Well #3 2426 Bronson Drive Mounds View Y
Util.- Well #4 2408 Hillview Drive Mounds View Y
Util.- Well #5 5100 Long Lake Road Mounds View Y
Util.- Well #6 7545 Groveland Road Mounds View Y
City of New Brighton
Inst. Name Street Address City Phone I-Net Sub
Brightwood Hiffs Golf Course 1975 NW Silver Lake Rd. New Brighton 638-2150 X X
New Brighton City Hall 803 NW 5th Ave. New Brighton 638-2100 X X
New Brighton Fire Station 785 NW 5th Ave. New Brighton 633-2727 X X
New Brighton Maintenance Bldg. 700 NW 5th Ave. New Brighton Y X
New BrightonFamily Service Cntr. 400 NW 10th St. New Brighton 638-2130 X X
Util.- Lift Station 1(under const.) To Be Assigned New Brighton Y
Util.- Lift Station 2 531 5th Avenue NW New Brighton Y
Util.- Lift Station 3 515 3rd Avenue NW New Brighton Y
Util.- Lift Station 7 650 Cleveland Ave. New Brighton Y
Util.- Lift Station 8 24 New Brighton Road New Brighton Y
Util.- PGAC Water Treatment Plant 3001 5th Street NW New Brighton Y
Util.- Well 10 & Iron Removal Plant 660 5th Street SW New Brighton Y
Util.- Well 11 & Iron Removal Plant 1375 7th Street NW New Brighton Y
Util.- We(I 12 & Iron Removaf Plant 2400 Mississippi St. ew Brighton y
Util.- Well 13 & Water Treatment 680 5th Street NW New Brighton Y
Util.- Well 14 1377 7th Street NW New Brighton Y
Util.- Well 15 590 20th Street NW New Brighton Y
. . EXHIBIT B - Continued
North Suburban Areo Institutional Connections Page 4
Inst. Name Street Address City Phone I-Net Sub
Util.- Well 8 600 Silver Lake Road New Brighton Y .
Util.- Wells 3& 4 700 Silver Lake Road New Brighton Y
Util.- Wells 5& 6 3001 5th Street NW New Brighton Y
Util.- Wells 9 2745 5th Street NW New Brighton Y
City of North Oaks
Inst. Name Street Address City Phone I-Net Sub
North Oaks City Hall 100 Village Center Dr. North Oaks 484-5777 X X
North Oaks Recreation Center 4 Mink Lane North Oaks X X
City of Roseville
Inst. Name Street Address City Phone I-Net Sub
John Rose Minnesota OVAL 2661 Civic Center Dr. Roseville 415-2164 X Y
Roseville Activity Center 2800 Arona St. Roseville 415-2100 X X
Roseville Cedarholm Golf Course 2323 N. Hamline Ave Roseville 633-5817 X Y
Roseville Central Park-Bandshell Lexington Ave. -(FH Inet) Roseville X N
Roseville City Hall 2660 Civic Center Dr. Roseville 490-2200 X x
Roseville Fire Station 1 2701 N. Lexington Ave. Roseville 490-2306 X X
Roseville Fire Station 2 2501 N. Fairview Ave. Roseville 636-6763 X X
Roseville Fire Station 3 2335 N. Dale St. Roseville 484-5297 X X
Roseville Gymnastics Cntr. 1240 Co. Rd. B-2 Roseville 415-2190 Y Y
Roseville Harriet Alexander Nature 2520 N. Dale St. Roseville 415-2161 X X
Roseville Ice Arena 2661 Civic Center Dr. Roseville 415-2164 X X
Roseville License Bureau 2701 Lexington Ave. Roseville 490-2294 X X
Roseville Maintenance Building 2660 Civic Center Dr. Roseville 490-2310 Y X
Util.- Booster Station 706 Shryer Ave. Roseville Y
Util.- Elevated Tank 2501 N. Fairview Ave. Roseville Y
Util.- Lift Station 635 S. Owasso Blvd Roseville Y
Util.- Lift Station 2980 Galtier Street Roseville Y
Util.- Lift Station 1610 Co. Rd. C-2 Roseville Y
. . EXfIIBIT B - Continued
North Suburban Area Institutiona! Connections Page 5
Inst. Name Street Address City Phone I-Net Sub
Util.- Lift Station 3033 Clevefand Ave. Roseville Y
Util.- Lift Station 435 Wagner Street Roseville Y
Util.- Lift Station 2013 Cohansey Blvd. Roseville Y
Util.- Lift Station 1680 Fernwood Ave. Roseville Y
Util.- Lift Station 3050 Lexington Ave. Roseville Y
Util.- Lift Station 1216 Josephine Road Roseville Y
Util.- Lift Station 3050 Long Lake Road Roseville Y
Util.- Lift Station 1953 Fulham Street Roseville Y
Util.- Lift Station 2050 Walnut Street Roseville Y
Util.- Lift Station 201 Center Street Roseville Y
Util.- Storm Water Pumping Station 2535 N. Victoria St. Roseville Y
Util.- Storm Water Pumping Station 1658 Millwood Aye. Roseville Y
Util.- Storm Water Pumping Station 591 Owasso Hills Drive Roseville Y
Util.- Storm Water Pumping Station 2340 St. Croix Street Rosevilfe Y
Util.- Storm Water Pumping Station 1999 Fulham Street Roseville Y
City of Shoreview
Inst. Name Street Address City Phone I-Net Sub
Shoreview City Ha(I /Community 4600N. Victoria St. Shoreview 490-4600 X X
Shoreview Maintenance Bldg. 4665 N. Victoria St. Shoreview 490-4650 Y Y
Util.- Booster Station 855 Highway 96 Shoreview Y
Util.- Lift Station 4468 Chatsworth Shoreview Y
Util.- Lift Station 3580 Cohansey Shoreview Y
Util.- Lift Station 425 Gramsie Road Shoreview Y
Util.- Lift Station 875 Gramsie Road Shoreview Y
Utii.- Lift Station 636 Highway 96 Shoreview Y
Util.- Lift Station 1088 Lake Beach Drive Shoreview Y
Util.- Lift Station 3366 Lexington Ave. Shoreview y
EXHIBIT B - Continued
North Suburban Area lnstitutional Connections Page s
Inst. Name Street Address City Phone I-Net Sub
Util.- Lift Statio.n 4680 Lexington Ave. Shoreview Y
Util.- Lift Station 915 Oak Ridge Shoreview Y
Util.- Lift Station 3194 West Owasso Blvd. Shoreview Y
Util.- Lift Station 3212-1/2 W. Owasso Blvd. Shoreview Y
Util.- Lift Station 4338 Reiland Lane Shoreview Y
Util.- Lift Station 4465 Rice Street Shoreview Y
Util.- Lift Station 699 Schifsky Road Shoreview Y
Util.- Lift Station 700 Schifsky Road Shoreview Y
Util.- Lift Station 4307 Snai( Lake Blvd. Shoreview Y
Util.- Lift Station 4412 Snail Lake Blvd. Shoreview Y
Util.- Lift Station 512 Suzanne Ave. Shoreview Y
Util.- Lift Station 5024 Turtle Lane East Shoreview Y
Util.- Lift Station 3121 Woodbridge Shoreview Y
Util.- Sucker Lake Pump 50 Highway 96 W. Shoreview Y
Util.- Water Tower 745 County Road E Shoreview Y
Util.- Water Tower 5880 Lexington Avenue Shoreview Y
Util.- Well 785 Highway 96 Shoreview Y
Util.- Well 883 Highway 96 Shoreview Y
Util.- Well 4965 Hodgson Road Shoreview Y
Util.- Well 902 Monterey Shoreview Y
Util.- Well 750 Mound Avenue Shoreview Y
Util.- Well 4675 Victoria Street Shoreview Y
City of St. Anthony
Inst. Name Street Address City Phone I-Net Sub
SAV Liquor Store #1 2900 Pentagon Drive St. Anthony Y
SAV Liquor Warehouse #2 3900 Silver Lake Road St. Anthony Y
St. Anthony City Half 3301 Silver Lake Rd. St. Anthony 789-8881 X X
. , EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 7
Inst. Name Street Address City Phone I-Net Sub
St. Anthony Fire Station 2900 Kenzie Terrace St. Anthony 788-1434 X X
St. Anthony Public Works 3801 Chandler Dr. St. Anthony X X
Util.- Foss Road Lift 3829 Foss Road St. Anthony Y
Util.- Harding Lift 2700 37th Ave St. Anthony Y
Util.- Water Filtration Plant 3807 Silver Lake Road St. Anthony Y
Util.- Well #5 2920 Silver Lake Road St. Anthony Y
CN
Inst. Name Street Address City Phone I-Net Sub
Canadian Days Parade-drop l.ittle Canada Rd Little Canada X
CTV Irondale studio 2425 Long Lake Rd. New Brighton 783-9334 X X
CN Van 1 2425 Long Lake Rd. New Brighton 783-9334 X
CTV Van 2 950 Woodhill Dr. Roseville 481-9554 X
Lake Owasso Beach - drop N Owasso Bvd. Shoreview X
LC Spooner Park- drop Eli Rd. Little Canada X
NB Parade - drop New Brighton X
RAHS Parking Lot (on B2)- drop Roseville X
Rosefest parade - dropl Lexington Ave. Roseville X
Rosefest parade - drop2 Lexington Ave. Roseville X
Rosetown Legion field-drop W. Co. Rd. C. Little Canada X
Dist 282 - SA/NB Schools
Inst. Name Street Address City Phone I-Net Sub
ISD 282 District Office SA/NB 3303 33rd Ave. NE St. Anthony 706-1000 X X
St. Anthony High School 3303 33rd Ave. NE St. Anthony 706-1100 X X
St. Anthony Midd(e School 3303 33rd Ave. NE St. Anthony 706-1200 X X
Wilshire Park Elementary 3600 NE Highcrest Rd. St. Anthony 706-1030 X X
Dist 621 - Mounds View
Inst. Name Street Address City Phone I-Net Sub
Area Learning Center 4182 N. Lexington Ave. Shoreview 482-8203 N rX]
a EXIIIBIT B - Continued
North Suburban Ared Institutional Connections Page s
Inst. Name Street Address City Phone I-Net Sub
Bel Air Elementary School 1800 NW 5th St. New Brighton 633-3521 x.)(
Chippewa Middle Schooi 5000 Hodgson Rd. North Oaks 483-6635 X X
Edgewood Middle School 5100 N. Edgewood Dr. Mounds View 784-2010 X X
Highview Middle School 2300 NW 7th St. New Brighton 633-8144 X X
Irondale High Schoo! 2425 Long Lake Rd. New Brighton 786-5200 X X
ISD 621 District Service Center 2959 Hamline Ave. Roseville 636-3650 X X
Island Lake Elementary 3555 N. Victoria St. Shoreview 484-5553 X X
Mounds View High School 1900 W. Co. Rd. F Arden Hills 633-4031 X X
Oak Grove High School 5100 Hodgson Rd. North Oaks 484-2057 X X
Pike Lake Elementary 2101 NW 14th St. New Brighton 633-7711 X X
Pinewood Elementary 5500 Quincy St. Mounds View 784-4006 X X
Ralph Reeder Center 500 NW 10th St.. New Brighton 636-1910 X X
Snail Lake Elementary 4550 Hodgson Rd. Shoreview 483-6725 X X
Sunnyside Elementary 2070 W. Co. Rd. H New Brighton 784-5226 X X
Turtle Lake Elementary 1741 W. Co. Rd. I Shoreview 484-2150 X X
Valentine Hills Elementary 1770 W. Co. Rd. E2 Arden Hills 631-0737 X X
Dist 623 - Roseville Area
Inst. Name Street Address City Phone I-Net Sub
Brimhall Elementary 1744 W. Co. Rd. B Roseville 638-1958 X X
Central Park Elementary 535 W. Co. Rd. B2 Roseville 481-9951 X X
Edgerton Elementary School 1929 Edgerton Street Map(ewood 772-2565 X X
Emmet D Willams Elem 955 W. Co. Rd. D Shoreview 482-8624 X X
Fairview Community Center 1910 W. Co. Rd. B Roseville 631-1013 X X
Falcon Heights Elementary 1393 W. Garden Av. Falcon Heights 646-0021 X X
ISD 623 District Center 1251 W. Co. Rd. B2 Roseville 635-1600 x X
Littfe Canada Elementary 400 Eli Rd. Little Canada 490-1353 X X
Parkview Center School 701 W. Co. Rd. B Roseville 487-4360 X X
c ' , EXHIBIT B - Continued
North Suburban Areo Institutional Connections Page 9
lnst. Name Street Address City Phone I-Net Sub
Roseville Area High School 1261 Hwy. 36 Roseville 635-1660 X X
Roseville Area Middle Sch 15 E. Co. Rd. B2 Little Canada 482-5280 X x
Guard/Reserves
lnst. Name Street Address City Phone I-Net Sub
Army Reserve Training Cntr. Lexington & Hwy. 96 Arden Hills Y Y
National Guard Armory 211 N. McCarrons Lake Roseville 296-4140 X X
Hennepin County
lnst. Name Street Address City Phone I-Net Sub
St. Anthony Public Library 2900 NE Pentagon Dr. St. Anthony 781-1900 X X
Higher Education
lnst. Name Street Address City Phone I-Net Sub
Bethel College 3900 Bethel Dr. Arden Hills 638-6180 X X
Capital View (Dist. 916) 70 W. Co. Rd. B2 Little Canada 415-5413 X X
Northwestern Col- FB field 3003 Snelling Ave. N. Roseville 631-5100 X X
Northwestern Col- Gym/BB 3003 Snelling Ave. N. Roseville 631-5267 X X
Northwestern College-Studio 3003 Snelling Ave. N. Roseville 631-5312 X X
U of M- Earl Brown Center 1890 Buford Ave. Falcon Heights 624-2777 X
United Theo. Seminary 3000 NW 5th St. New Brighton 633-4311 Y Y
ISP
lnst. Name Street Address City Phone I-Net Sub
Risdahl-Linahan Agency 2475 NW 15th St. New Brighton 631-1098 X
T.I.E.S. 1925 W. Co. Rd. B2 Roseville 638-2339 X
Lake Johanna Fire Dept.
Inst. fVame Street Address City Phone I-Net Sub
Lake Johanna Fire Station 1 2346 New Brighton Rd. Arden Hills 633-0349 Y X
Lake Johanna Fire Station 2 4676 Hodgson Rd. Shoreview 484-3444 Y Y
Lake Johanna Fire Station 3 1140 W. Co. Rd. I Shoreview 481-7025 Y X
Lake Johanna Fire Station 4 3615 N. Victory St. Shoreview 483-0767 X x
EXffiBIT B - Continued
~ North Suburbcn Area Institutional Connections Page to
Inst. Name Street Address City Phone 1-Net Sub
Non-Profit Inst. Name Street Address City Phone I-Net Sub
Northwest Youth & Family Services [3490 Lexington Ave. Shoreview 486-3808 Y Y
Private Schools
Inst. Name Streei Address City Phone I-Net Sub
Concordia Academy 2400 N. Dale St. Roseville 484-8429 X X
Corpus Christi School 2131 N. Fairview Ave. Roseville 639-8888 X
King of Kings School 2330 N. Dale St. Roseville 484-9206 X X
North Side Christian School 7901 Red Oak Drive Moundsview 786-8632 X
St. Charles Barromeo 2727 NE Stinson Bvd. St. Anthony 78 1-2643 X
St. Christopher's Ep. 2300 N. Hamline Ave. Roseville 633-4589 X
St. John the Baptist School 845 NW 2nd Ave. New Brighton 633-1522 X X
St. John the Evangelist 2621 McMenemy St. Little Canada 484-2708 X X
St. Odilia School 3495 N. Victory St. Shoreview 484-3364 X
St. Rose of Lima 2072 N. Hamline Ave. Roseville 645-9389 X X
Ramsey County
Inst. Name Street Address City Phone I-Net Sub
Island Lake Golf Center Grey Fox Rd. Shoreview Y Y
Lake Owasso Residence 210 N. Owasso Bvd. Shoreview 484-2234 Y Y
Ramsey Co. Library - Arden Hills 1941 W. Co. Rd. E2 Arden Hills 636-1790 X X
Ramsey Co. Library - Mounds View 2576 Hwy. 10 Mounds View 784-8829 Y X
Ramsey Co. Library - Roseville 2180 N. Hamline Ave. Roseville 631-0494 X X
Ramsey Co. Library - Shoreview 4570 N. Victoria St. Shoreview 486-2210 X X
Ramsey Co. Public Works Bldg. 3377 N. Rice St. Shoreview 484-9104 Y X
Ramsey Co. Sheriff Patrol Station 655 W. Co. Rd. E Shoreview 481-1300 Y Y
Ramsey Co. Women's Detention Kent & Larpenteur Y Y
Shoreview Ice Arena 877 W. Hwy. 96 Shoreview 484-2400 Y Y
, .
EXHIBIT C
D-es ription of Work Time Frame
Engineering Walkout 0-6 months
Engineering Design 2-8 months
Commerce Permitting Day 75
Fiber Optic Cable and Node Tnstallation 11-16 months
Amplifier Replacement 12-24 months
Passive Equipment Replacement 18-36 months
System Balancing and Proof -of-Performance 36 months
Activation in Phases; Completion By November 30, 2000
EXHIBIT D -
NORTH SUBLTT_2BAN I-NET PF,RFORMANCE STANDAR1)S
Upon completion of the I-Net upgirade:
I. Video Transmission
A. Video transmission will comply with the following performance :
standards:
1. Carrier to noise ratio = 45dB or better
2. Carrier to composite triple beat = 53dB or better
3. Carrier to composite second order = 55 dB or better
4. Carrier to cross modulation = 55 dB or better
5. System signal level variations (peak to valley) = n= 10 + 2 or better
for all cowual cable portions of the I-Net (where N= the number of
amplifiers in cascade).
B. Testing will occur twice yearly following the timing established in CFR
76.601 and 76.605.
1. From the institution to the longest subscriber cascade.
2. From the institution through the applicable headend/ hub site
returning back to the same institution.
3. Performed using existing I-Net carriers active at the time of the
testing, wtuch will subject them to service interuptions.
4. Completeci at Company-designated entry demarcation point at the
institution.
5. The systern will meet calcnlated worst case fully loaded video and
audio mea.surements, taking into consideration existing I-Net data
loading at the time the measurement is taken.
6. Under ordGnary operating conditions.
2. Digital Transmission
A. For I-Net that is 50% or more coaxial cable, a Bit Error Rate of 1 x 10(-8) at
the demarcation point.
1. Outage tunes not included
2. Ordinary operating conditions
B. For I-Net that is 50% or more fiber optic cable, a Bit Error Rate of 1 x 10(-
9) at the demarcation point.
1. Outage thnes not included
2. Ordinary operating conditions
C. For both coaxial ;and fiber network, the company will meet or exceed a
reliability factor of 99.965% on an annual basis.
D. Testing will occux twice yearly, during the months of January/February and
July/August.
. ,
EXHIBIT D - Continued
3. Repair and Maintenance
A. Company will provide a repair force of technicians capable of responding
properly to all requests for service by I-Net Users and available on a 7 X 24
X 365 basis.
B. Under normal operating conditions, the initiat page to the technician on call
wilI be within a 10 minute time frame. Barring situations that are outside
the control of the Company (i.e., physical damage to the network caused by
third parties not under the control of the cable company, weather related
restrictions, etc.), the company will continue to work on a service problem
until it is resolved and complete its resolution of such problem within eieht
(8) hours, if resolution of such problem is within control of company.
C. Fiber may be incorporated, where necessary, to reduce amplifier cascades to
meet performance standards. Where possible, fiber nodes may be located
within the building or facility of the I-Net user.
D. I-Net Users will be notified at least seven days in advance of any scheduled
maintenance that will interrupt service on the I-Net, unless I-Net Users
agree to waive such time frame. Where possible, such maintenance will be
scheduled at times of low usage.
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE SUMMARY
ORDINANCE NO. 307
"AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE TO
CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM
IN THE CITY OF ARDEN HILLS;
SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT
OF THE FRANCHISE."
On the 291h day of June, 1998, the Arden Hills City Council adopted Ordinance No. 307, and
pursuant to local and Minnesota State law by five affirmative votes, directed that a summary of
the ordinance be published in the City's Official Newspaper, and that a printed copy of
Ordinance No. 307 be posted on the City's bulletin board and otherwise be made available for
inspection by any person during regular business hours at the office of the City Administrator at
4364 West Round Lake Road, Arden Hills, MN 55112.
STATEMENT OF INTENT AND PURPOSE
The City intends, by the adoption of this Franchise, to bring about the further development of a
Cable System, and the continued operation of it. Adoption of this Franchise is, in the judgement
of the Council, in the best interests of the City and its residents.
FINDINGS
The City Council makes the following findings:
l. The company technical ability, financial condition, legal qualifications, and
character were considered and approved;
2. The company plans for constructing, upgrading, and operating the System were
considered and found adequate and feasible;
3. The Franchise complies with applicable laws and regulations; and
4. The Franchise is nonexclusive.
SECTION 1.
SHORT TITLE AND DEFINITIONS
This Section names the Franchise Ordinance as the Cable Franchise Ordinance and contains
many definitions regarding the Cable System.
PAGE TWO ORDINANCE NO. 307 JUNE 29, 1998
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS
This Section grants a nonexclusive, fifteen (15) year Franchise, pursuant to the company's
proposal and additional requirements contained int he Franchise. This Section further provides
for free subscriber service to designated public and educational institutions.
SECTION 3.
CONSTRUCTION STANDARDS
This Section provides for permitting requirements, construction code compliance,
undergrounding requirements, and other conditions on the use of the Rights-of-Way.
SECTION 4.
DESIGN PROVISIONS
This Section provides for the construction of a System providing 750 MHZ capacity and which is
fully activated with the capability of a minimum of up to eight-one (81) video channels.
The company will develop, construct, and operate a System capable of providing non-video
services such as high-speed data transmission, Internet access, and other competitive services
which shall be activated as Marketplace Need dictates.
The company will complete ali construction related to the System upgrade on or before
November 30, 2000. The Section contains requirements regarding testing and technical
standards and provides for four (4) channels to be interconnected with all adjoining cable
systems.
SECTION 5.
SERVICE PROVISIONS
This Section provides for rate regulation when permitted by law, customer service standards, late
fees and subscriber contracts.
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS
The company will provide twelve (12) channels for public, education and government
programming. The company will continue to comply with all requirements regarding community
programming operations and funding, and in addition will increase the funding by $667,286 over
the life of the Franchise.
PAGE THREE ORDINANCE NO. 307 JUNE 29, 1998
SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS
This Section contains provisions requiring the company to dedicate certain capacity for use by
designated institutions, and contains terms and conditions far the usage and performance of this
institutional network.
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS
This Section contains provisions requiring the company to pay quarterly to City, or its delegatee,
a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues. In
addition, the City shall have the right to require the company to provide copies of any records,
and the company must file with the City a report of all Gross Revenues and shall furnish such
other reasonable reports with respect to operations as may be required. If requested, the company
shall furnish the maps, plats, and permanent records of the location and character of all facilities.
Finally, the City may require evaluation sessions at any time during the term of this Franchise.
As a result of the review session, the company will meet with City and undertake good faith
efforts to reach agreement on changes and modifications to the Franchise which are both
economically and technically feasible.
SECTION 9.
GENERAL FINANCIAL.AND INSURANCE PROVISIONS
This Section contains provisions requiring the company to furnish a performance bond to City in
the amount of $500,000 and deliver to City an unconditional Letter of Credit from a National or
State Bank approved by City in the amount of $25,000 to secure compliance with the terms of the
Franchise.
In addition, this Section provides that the City and its agents shall not be liable for any loss or
damage arising out of any action of the campany with respect to this Franchise.
Finally, as a part of the indemnification above, the company shall maintain a comprehensive
general liability insurance policy for any and all damages and penalties which may arise as a
result of this Franchise in the sum of not Iess than $1,000,000 for personal injury or death of any
one Person, and $2,000,000 for personal injury or death of two or more Persons in any one
occurrence, $500,000 for property damage to any one person and $2,000,000 for property
damage resulting from any one act or occurrence.
PAGE FOUR ORDINANCE NO. 307 JUNE 29,1998
SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
This Section provides that the City reserves the right to revoke this Franchise, if it is determined
by City that the company has violated material provision(s) of this Franchise, has attempted to
evade any of the provisions of the Franchise; or has practiced fraud ar deceit upon CiTy. This
Section also contains provisions regarding abandonment of service and removal of equipment
and requires that the company receive approval prior to sale or transfer.
SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS
This Section prohibits discrimination and requires subscriber privacy by the company.
SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
This Section prohibits unauthorized connections to the System or damage to the System.
SECTION 13.
MISCELLANEOUS PROVISIONS
This Section contains a variety of requirements concerning Franchise renewal, amendments,
compliance with applicable law, and interpretation of the Franchise.
SECTION 14.
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
This Section requires that the Franchise be published in accordance with applicable local and
Minnesota law. The Effective Date of this Franchise shall be the date of acceptance by the
company in accordance with the provisions of Section 14.2.
The company shall accept this Franchise within sixty (60) days of its enactment by the City
Council provided, however, this Franchise shall not be effective until all City ordinance adoption
procedures are complied with and all applicable timelines have run for the adoption of a City
ordinance.
Adoption Date,: Passed by the City Council of the City of Arden Hills, the 29 h day of June, 1998.
DENNIS PROBST, MAYOR
ATTEST: (facsimile)
BRIAN FRITSINGER, CITY ADMINISTRATOR
(facsimile)
(Affidavit Required)
r t
ORDINANCE NO. 307
CITY OF ARDEN HILLS
CABLE TELEVISION FRANCHISE ORDINANCE
Date: July 15, 1998
Prepared by:
Thomas D. Creighton
Robert J. V. Vose
Bernick and Lifson, P.A.
1200 The Cotonnade
5500 «'avzata Boulevard
Minneapolis, Minnesota 55416
Telephone: (612) 546-1200
Facsimile: (612) 546-1003
STATEMENT OF INTENT AND PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
FINDINGS ...................................................................1
SECTION l.
SHORT TITLE AND DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1. Short Title ..................................................2
2. Definitions ..2
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . 5
1. Grant of Franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2. Grant of Nonexclusive Authoritv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3. Lease or AssiQnment Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4. Franchise Term ..............................................6
5. Previous Franchises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6. Compliance with A1212licable Laws. Resolutions and Ordinances. 6
7. Rules of Grantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8. Territorial Area Involved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9. Written Notice ...............................................7
10. Subscriber Network Drops to Designated Buildings . . . . . . . . . . . . . . . . . 8
SECTION 3.
CONSTRUCTION STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1. Reizistration. Permits and Construction Codes . . . . . . . . . . . . . . . . . . . . . . 9
2. Repair of Riizhts-of-Way and Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3. Conditions on Right-of-Way Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4. UnderQroundinQ of Cable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5. Installation of Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6. Safetv Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
SECTIOivT 4.
DESIGN PROVISIONS .................................................11
1. Svstem Uparade: Minimum Channel Capacitv . . . . . . . . . . . . . . . . . . . . 11
2. Construction Timetable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3. Interruption of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4. Technical Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5. SpecialTesting . ............................................13
6. Drop Testing and Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3)
7. FCC Reports . ..............................................14
8. Interconnection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
9. Nonvoice Return Capability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10. Lockout Device .............................................14
{ f
SECTION 5.
SERVICE PROVISIONS ................................................14
1. ReQulation of Service Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2. Non-Standard Installations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3. SalesProcedures ............................................15
4. Subscriber Inquiry and Complaint Procedures . . . . . . . . . . . . . . . . . . . . . 15
5. Subscriber Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
6. Refund Policv . .............................................16
7. Late Fees ..................................................16
8. Office Policv ...............................................16
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
1. Public. Educational and Government Access . . . . . . . . . . . . . . . . . . . . . . 16
2. Charges for Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
3. Access Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4. Access Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5. Studio Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
6. Regional Channel6 ..........................................18
7. State and Federal Law comQliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . 18
1. Capacin .................................................18
2. Grantee's Use of Capacitv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3. End-User Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
4. Service Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
SECTION 8.
OPERATIO` AtiD ADMINISTRATION PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . 20
1. Administration of Franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2. DeleQated Authoritv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3. Franchise Fee . .............................................20
4. Acces;sto Records ...........................................20
5. Rzronu, and Maps to be Filed xvith Cit-% . . . . . . . . . . . . . . . . . . . . . . . . . 2
6. Periodic Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 9.
GENERAL FI-\--ANCL-%,L _Ai'\TD L\ SL~RANCE PROVISIOti S . . . . . . . . . . . . . . . . . . . 21
l. Perfe_--a-nce Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
2. Lert.r of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3. Indemr.ification of Citv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4. Insurance ..................................................25
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SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 26
1. Cit `y s Right to Revoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2. Procedures for Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3. Abandonment of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4. Removal After Abandonment. Termination or Forfeiture. . . . . . . . . . . . 27
5. Sale or Transfer of Franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
1. Discriminatorv Practices Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
2. Subscriber Privacv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS . . . . . . . . . . . . . . . . . . 31
1. Unauthorized Connections or Modifications Prohibited . . . . . . . . . . . . . 31
2. Removal or Destruction Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3. Penaltv ....................................................31
SECTION 13.
MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
1. Franchise Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
2. Work Performed bv Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3. Amendment of Franchise Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4. Compliance with Federal, State and Local Laws . . . . . . . . . . . . . . . . . . . 32
5. Nonenforcement bv Citv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
6. Rights Cumulative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7. Grantee Acknowledrment of Validitv of Franchise . . . . . . . . . . . . . . . . . 33
SECTION 14.
PUBLICATION EFFECTIVE DATE: ACCEPTA\'CE AND EXHIBITS . . . . . . . . . . 33
1. Publication: Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
2. Acceptance . ...............................................33
f w
ORDINANCE NO. 3 0 7
AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL
COMMUNICATIONS CORP. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN THE CITY OF ARDEN HILLS; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR
REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY [IN
CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN;
The City Council of the City of Arden Hills ordains:
STATEMENT OF INTENT AND PURPOSE
The City intends, by the adoption of this Franchise, to bring about the further development of a
Cable System, and the continued operation of it. Such development can contribute significantly
to the communication needs and desires of the residents and citizens of the City and the public
generally. Further, the City may achieve better utilization and improvement of public services
and enhanced economic development with the development and operation of a Cable
Communication System.
Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and
its residents.
FINDINGS
In the review of the request and proposal for renewal by Grantee and negotiations related thereto,
and as a result of a public hearing, the City Council makes the following findin~s:
1. The Grantee's technical ability, financial condition, legal qualifications, and
character were considered and approved in a full public proceedinQ after due notice
and a reasonable opportunity to be heard;
2. Grantee's plans for constructing, upgrading, and operatina the System were
considered and found adequate and feasible in a full public proceedinQ after due
notice and a reasonable opportunity to be heard;
3. The Franchise granted to Grantee by the City complies with the existina applicable
Minnesota Statutes, federal laws and regulations; and
4. The Franchise granted to Grantee is nonexclusive.
1
r SECTION 1.
SHORT TITLE AND DEFINITIONS
1. Short Title. This Franchise Ordinance shall be known and cited as the Cable
Franchise Ordinance.
2. Definitions. For the purposes of this Franchise, the following terms, phrases,
words, and their derivations shall have the meaning given herein. When not
inconsistent with the context, words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory. The
word "may" is directory and discretionary and not mandatory.
a. "Basic Cable Service" means any service tier which includes the lawful
retransmission of local television broadcast signals and any public,
educational, and governmental access programming required by the
Franchise to be carried on the basic tier. Basic Cable Service as defined
herein shall not be inconsistent with 47 U.S.C. § 543(b)(7).
b. "City" means City of Arden Hills, a municipal corporation, in the State of
Minnesota, acting by and through its City Council, or its lawfully
appointed designee.
c. "City Council" means the governing body of the City.
d. "Cable Service" or "Service" means the provision of communications
and/or entertainment services as "Cable Service" is defined by Minn. Stat. §
238.01 et seq. and 47 U.S.C § 521 et seq., as may be amended from time
to time, but including Institutional Network services.
e. "Cable System" or "Svstem" means a system of antennas, cables, wires,
lines, towers, wavewides, or other conductors, Converters, equipment, or
facilities located in City and designed and constructed for the purpose of
producing, receivinQ, transmitting, amplifying, or distributing audio, video,
and data. System~as defined herein shall not be inconsistent with the
defuutions set forth in 11inn. Stat. 238.02, subd. 3 and 47 U.S.C. § 522(7).
f. "Class IV Cable Channel" means a signaling path provided by a Cable
System to transmit sianals of anv type from a Subscriber terminal to
another point in the System_
g. "Commercial Need" or "Marketplace Need" means such need or market
demand which City and Grantee may jointly determine requires action or
performance by Grantee as specifically set forth in this Franchise. Such
determination shall be based upon evidence and information presented by
2
, -
City, Grantee and other interested parties at a duly noticed public
proceeding. Grantee shall have an opportunity to present evidence
regarding the level of market demand, the cost of ineeting such demand and
the availability of technologies to meet such demand. Any decision
regarding Commercial or Marketplace Need which requires action by
Grantee shall not be unreasonable.
h. "Converter" means an electronic device which converts signals to a
frequency acceptable to a television receiver of a Subscriber and by an
appropriate selector permits a Subscriber to view all Subscriber signals
included in the service.
i. "Don" means the cable that connects the ground block on the Subscriber's
residence or institution to the nearest feeder cable of the System.
j. "FCC" means the Federal Communications Commission and any legally
appointed, designated or elected agent or successor.
k. "Franchise" or "Cable Franchise" means this ordinance and the regulatory
and contractual relationship established hereby.
1. °Grantee" is MediaOne North Central Communications Corp., its lawful
successors, transferees or assignees.
M. "Gross Revenues" means all revenue received directly or indirectly by the
Grantee, its affiliates, subsidiaries, parent, or person in which Grantee has
financial interest of five percent (5 or more, from the operation of its
System within Ciry including, but not limited to, all Cable Service fees,
Franchise Fees, PEG Fees, late fees, Installation and reconnection fees,
upgrade and downarade fees, advertising revenue, Converter rental fees,
I.ockout Device fees, fees related to commercial and institutional usage of
the I-net, Internet access fees, cable modem service fees and interest. The
term Gross Revenues shall not include any taxes on services furnished by
Grantee imposed by any municipaliry, state, or other governmental unit and
collected by Grantee for such Qovernmental unit.
n. "Installation" means the eonnection of the System from feeder cable to the
point of connection with the Subscriber Converter or other terminal
equipment.
o. "Institutional Network" or "I-net" means the discrete communications
network and services related to such network provided by Grantee to
identified institutions as required by this Franchise.
3
r p. "Lockout Device" means an optional mechanical or electrical accessory to
a Subscriber's terminal which inhibits the viewing of a certain program,
certain channel, or certain channels provided by way of the Cable
Communication System.
q. "Memorandum of Understanding" or "MOU" means that certain agreement
dated November 3, 1994 regarding PEG access funding, creation of a
"PEG Fee" and certain rate regulatory issues.
r. "North Suburbs Access CoM,oration" means that certain non-profit
corporation or its lawful successor, designee, or assignee, which is
delegated authority and responsibility for providing certain community
programming functions including public access.
s. "North Suburban Svstem" means the Cable System located in those
municipalities collectively comprising the North Suburban Cable Service
territory as originally approved by the Minnesota Cable Communications
Board.
t. "Pav Television" means the delivery over the System of pay-per-channel
or pay-per-program audio-visual signals to Subscribers for a fee or charge,
in addition to the charge for Basic Cable Service or Cable Programming
Services.
U. "Per on" is any person, firm, partnership, association, corporation,
company, or other legal entity.
v. "Proposal" means the Proposal for Franchise Renewal dated May 13, 1997,
submitted to the North Suburban Cable Communications Commission by
Group W Cable of the North Suburbs, Inc., as amended by the revised
Renewal Proposal submitted under cover letter dated AuQust, 4, 1997, and
related correspondence and prior agreements or resolutions which are
attached hereto as Exhibit A.
w. "Right-of-Wav" or "RiQhts-of-Wav" means the area on, below, or above
any real property in City in which the City has an interest including, but
not limited to any street, road, hiahway, alley, sidewalk, park«ay, park,
skyway, or any other place, area, or real property awned by or under the
control of City, includinQ other dedicated Rights-of-Way for travel
purposes and utility easements.
X. "Right-of-Wav Ordinance"means the ordinance codifying requirements
regarding regulation, management and use of Rights-of-Way in City,
including registration and permitting requirements.
4
, .
Y. "Standard Installation" means any residential installation which can be
completed using a Drop of 250 feet or less.
Z. "Subscriber" means any Person who lawfully receives service via the
System. In the case of multiple office buildings or multiple dwelling units,
the "Subscriber" means the lessee, tenant or occupant.
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS
1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions
contained herein. Grantee shall comply with all provisions of its Proposal, which
is expressly incorporated herein by reference. Failure af Grantee to provide a
System as described in its Proposal, or meet obligations and comply with all
provisions therein, shall be deemed a violation of this Franchise.
2. Grant of Nonexclusive Authorit.y.
a. The Grantee shall have the right and privilege, subject to the permitting and
other lawful requirements of City ordinance, ruie or procedure, to
construct, erect, and maintain, in, upon, along, across, above, over and
under the Rights-of-`'Vay in City a Cable System and shall have the right
and privilege to provide Cable Service. The System constructed and
maintained by Grantee or its agents shall not interfere with other uses of the
Rights-of-Way. Grantee shall make use of existing poles and other above
and below facilities available to Grantee to the extent it is technically and
economically feasible to do so.
b. Notwithstandino the above grant to use Rights-of-Way, no Right-of-Way
shall be used by Grantee if City determines that such use is inconsistent
with the terms, conditions, or provisions by which such Ri~ht-of-~'Vay was
created or dedicated, or with the present use of the Riaht-of-Way.
c. This Franchise shall be nonexclusive, and City reserves the riaht to grant
a Franchise to any Person at any time durino, the period of this Franchise
for the provision oi Cable Service. The terms and conditions of any such
Franchise shall bz, when taken as a whole, no less burdensome or more
beneficial than those imposed upon Grantee pursuant to this Franchise.
3. Lease or Assignment Prohibited. No Person may lease Grantee's System for the
purpose of providing Service until and unless such Person shall have first abtained
and shall cunently hold a valid Franchise or other lawful authorization containing
substantially similar burdens and obligations to this Franchise. Any assignment of
5
rights under this Franchise shall be subject to and in accordance with the
requirements of Section 10, Paragraph 5.
4. Franchise Ter.m. This Franchise shall be in effect for a period of fifteen (15) years
from the date of acceptance by Grantee, unless sooner renewed, revoked or
terminated as herein provided.
5. Previous Franchises. Upon acceptance by Grantee as required by Section 13
herein, this Franchise shall supersede and replace any previous Ordinance granting
a Franchise to Grantee.
6. Compliance with Applicable Laws. Resolutions and Ordinances.
a. The terms of this Franchise shall define the contractual rights and
obligations of Grantee with respect to the provision of Cable Service and
operation of the System in City. However, the Grantee shall at all times
during the term of this Franchise be subject to all lawful exercise of the
police power, statutory rights, local ordinance-making authority, and
eminent domain rights of City. Except as provided below, any
modification or amendment to this Franchise, or the rights or obligations
contained herein, must be within the lawful exercise of City's police power,
in which case the provision(s) modified or amended herein shall be
specifically referenced in an ordinance of the City authorizing such
amendment or modification. This Franchise may also be modified or
amended with the written consent of Grantee as provided in Section 13.3
herein.
b. Grantee shall comply with the terms of any Ciry ordinance or regulation of
general applicability which addresses usage of the Rights-of-Way within
Ciry which may have the effect of supersedinQ, modifying or amending the
terms of Section 3 and/or Section 8.5(c) herein, except that Grantee shall
not, through application of such City ordinance or regulation of Rights-of-
Way, be subject to additional burdens with respect ta usage of Rights-of-
Way which exceed burdens on similarly situated Rights-of-Way users.
c. In the event of any conflict between Section 3 and/or Section 8.5 (c) of this
Franchise and any City ordinance or reaulation which addresses usage of
the Rights-of-Way, the conflictina terms in Section 3 and/or Section 8.5 (c)
of this Franchise shall be superseded by such City ordinance ar reaulation,
except that Grantee shall not, throuQh application of such City ordinance
or regulation of RiQhts-of-«~ ay, be subject to additional burdens with
respect to usaae of~Rights-of-Way which exceed burdens on similarly
situated Rights-of-Way users.
6
d. In the event any City ordinance or regulation which addresses usage of the
Rights-of-Way adds to, modifies, amends, or otherwise differently
addresses issues addressed in Section 3 and/or Section 8.5 (c) of this
Franchise, Grantee shall comply with such ordinance or regulation of
general applicability, regardless of which requirement was first adopted
except that Grantee shall not, through application of such City ordinance
or regulation of Rights-of-Way, be subject to additional burdens with
respect to usage of Rights-of-Way which exceed burdens on similarly
situated Rights-of-Way users.
e. In the event Grantee cannot determine how to comply with any Right-of-
Way requirement of City, whether pursuant to this Franchise or other
requirement, Grantee shall immediately provide written notice of such
question, including Grantee's proposed interpretation, to the Ciry with copy
to the North Suburban Cable Communications Commission, in accordance
with Section 2.9. The City or Commission shall provide a written response
within fourteen (14) days of receipt indicatin; how the requirements cited
by Grantee apply. Grantee may proceed in accordance with its proposed
interpretation in the event a written response is not received within
seventeen (17) days of mailing or delivering such written question.
7. Rules of Grantee. The Grantee shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business as shall be
reasonably necessary to enable said Grantee to exercise its rights and perform its
obligations under this Franchise and to assure uninterrupted service to each and all
of its Subscribers; provided that such rules, regulations, terms and conditions shall
not be in conflict with provisions hereto, the rutes of the FCC, the laws of the
State of Minnesota, CiR-, or any other body having lawful jurisdiction.
8. Territorial Area Involved. This Franchise is granted for the corporate boundaries
of City, as it exists from time to time. In the event of annexation by City, or as
development occurs, any new territory shall become part of the terrirorv for which
this Franchise is aranted provided, however, that Grantee shall not be required to
extend service beyond iL present System boundaries unless there is a minimum of
50 homes per cable mile for underaround plant and 35 homes per cable mile for
overhead plant. Acc-.;. to cable service shall not be denied to anv Qroup of
potential residential cabiz Subscribers because of [he income of the residents of the
area in which such aroup resides. Grantee shall be given a reasonable period of
time to construct and actiti-ate cable plant to service annexed or newlti- developed
areas but in no e-ent r~~i 7.0 exceed tu-elve (12) months from noucz thereof by City
to Grantee and qualiticazion pursuant to the densiry requirements of this Subsection
8.
; 9. Written Notice. All notices, reports, or demands required to be given in writing
under this Franchise shall be deemed to be given when delivered personally to any
7
officer of Grantee or City's Administrator of this Franchise or forty-eight (48)
hours after it is deposited in the United States mail in a sealed envelope, with
registered or certified mail postage prepaid thereon, addressed to the party to
whom notice is being given, as follows:
If to City: City of Arden Hills
4364 W. Round Lake Road
Arden Hills, Minnesota 55112
Attention: City Manager/Administrator
With copies to: North Suburban Cable Communications Commission
950 Woodhill Drive
Roseville, Minnesota 55113
And to: Thomas D. Creighton, Esq. and Robert J. V. Vose, Esq.
Bernick and Lifson, P.A.
5500 Wayzata Boulevard, Suite 1200
Minneapolis, Minnesota 55416
If to Grantee: General Manager
MediaOne
950 Woodhill Drive
Roseville, Minnesota 55113
With copies to: John F. Gibbs, Esq.
Robins, Kaplan, Miller & Ciresi, L.L.P.
2800 LaSalle Plaza
800 LaSalle Ave. So.
Minneapolis, Minnesota 55402
Such addresses may be changed by either party upon notice to the other party given as provided
in this Section.
10. Subscriber Network Drops to Desianated Buildings. Grantee shall provide, free
of charae, Installation of one (1) subscriber network Drop, one (1) cable outlet,
one (1) Converter, if necessary, and monthly Basic Cable Service without charge
to the institutions identified on Exhibit B attached hereto and made a part hereof,
and such other public or educational institutions subsequently designated by City
which is located five hundred (500) feet or less from the existing Subscriber
network. Any such institution ]ocatzd more than five hundred (500) feet shall be
connected if such institution agrees to reimburse Grantee for Grantee's actual costs
in excess of the five hundred (500) foot installation actual costs.
Additional subscriber network Drops and/or outlets in any of the locations
identified on Exhibit B will be installed by Grantee at the cost of Grantee's time
8
and material. Alternatively, said institution may add outlets at its own expense,
as long as such Installation rneets Grantee's standards. Grantee shall have three
(3) months from the date of City designation of additional institution(s) to complete
construction of the Drop and outlet unless weather or other conditions beyond the
control of Grantee requires more time. The provision of Institutional Network
service is addressed in Section 7 herein.
SECTION 3.
CONSTRUCTION STANDARDS
1. Registration. Permits and Construction Codes.
a. Grantee shall strictly adhere to all state and local laws and building and
zoning codes currently or hereafter applicable to location, construction,
installation, operation or maintenance of the System in City and give due
consideration at all times to the aesthetics of the property.
b. Failure to obtain permits or comply with permit requirements shall be
grounds for revocation of this Franchise, or any lesser sanctions provided
herein or in any other applicable law.
2. Repair of Rights-of-Way and Property. Any and all Rights-of-Way, or public or
private property, which are disturbed or damaged during the construction, repair,
replacement, relocation, operation, maintenance, expansion, extension or
reconstruction of the System shall be promptly and fully restored by Grantee, at
its expense, to the same condition as that prevailing prior to Grantee's work, as
determined by City. If Grantee shall fail to promptly perform the restoration
required herein, after written request of City and reasonable opportuniry to satisfy
that request, City shall have the riaht to put the Rights-of-Way, public, or private
property back into good condition. In the event City determines that Grantee is
responsible for such disturbance or damage, Grantee shall be obliQated to fully
reimburse City for such restoration. ~
3. Conditions on Right-of-Way Use.
a. Nothina in this Franchise shall be construed to prevent Ciry from
constructin-, maintauuna, repairing or relocatinc, sewers; aradinQ. FevlIIQ,
maintainin4, repairinQ, rzlocatin- and/or alterina any Riaht-of-R'av;
constructing, laying do«n, repairinQ, maintainina or relocatinQ any a-ater
mains; or constructing, maintaining, relocating, or repairing an}' sidzwalk
or other public work.
b. All System transmission and distribution structures, lines and equipment
erected by the Grantee within City shall be located so as not to obstruct or
9
interfere with the use of Rights-of-Way except for normal and reasonable
obstruction and interference which might occur during construction and to
cause minimum interference with the rights of property owners who abut
any of said Rights-of-Way and not to interfere with existing public utility
installations.
c. If at any time during the period of this Franchise City shall elect to alter or
change the grade or location of any Right-of-Way, the Grantee shall, at its
own expense, upon reasonable notice by City, remove and relocate its
poles, wires, cables, conduits, manholes and other fixtures of the System,
and in each instance comply with the reasonable and lawful standards and
specifications of City.
d. The Grantee shall not place poles, conduits, or other fixtures of System
above or below ground where the same will interfere with any gas, electric,
telephone, water or other utility fixtures and all such poles, conduits, or
other fixtures placed in any Right-of-Way shall be so placed as to comply
with a11 reasonable and lawful requirements of City.
e. The Grantee shall, upon request of any Person holdina a moving permit
issued by City, temporarily move iu wires or fixtures to permit the moving
of buildings with the expense of such temporary removal to be paid by the
Person requesting the same, and the Grantee shall be given not less than ten
(10) days advance written notice to az-range for such temporary changes.
f. The Grantee shall have the auchority to trim any trees upon and
overhanging the Rights-of-Wav of City so as to prevent the branches of
such trees from coming in contact with the wires and cables or other
facilities of the Grantee.
g. Grantee shall use its best efforts to give reasonable prior notice to any
adjacent private propert} owners who will be neaatively affected or
impacted by Grantee's work in the Rights-of-Way. ~
4. iJnderQroundinQ of Cable. Unless other-,ti-ise required by actian of City Council,
Grantee must place newly constructed facilities underaround in areas of Ciry where
all other utilit}- lines are placed urderaround. Arnplifier boxes and pedestal
mounted terminal boxes may be placed above Qround if existing technolooy
reasonably requires, but shall be of such size and desiLyn and shall be so iocated as
not to be unsightly or unsafe, all pursua~ to plans submittzd «-ith Grantee's permit
application(s) and approved by Cirv.
5. Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted
ternunal boxes, similar structures, or other wire-holding structures shall be erected
or installed by the Grantee without required permit of City.
10
6. Safetv Requirements.
a. The Grantee shall at all times employ ordinary and reasonable care and
shall install and maintain in use nothing less than commonly accepted
methods and devices for preventing failures and accidents which are likely
to cause damage or injuries.
b. The Grantee shall install and maintain its System and other equipment in
accordance with City's codes and the requirements of the National Electric
Safety Code and a11 other applicable FCC, state and local regulations, and
in such manner that they will not interfere with City communications
technology related to health, safety and welfare of the residents.
c. All System structures, and lines, equipment and connections in, over, under
and upon the Rights-of-Way of City, wherever situated or located, shall at
all times be kept and maintained in good condition, order, and repair so
that the same shall not menace or endanger the life or property of City or
any Person.
SECTIOti 4.
DESIGN PROVISIONS
1. Svstem Upgrade: Minimnm Channel Capacity.
a. Grantee shall develop, construct and operate for the term of this Franchise
a System providing 750 MHz capacity and which is fully activated with the
capability of delivering to all Subscribers capable of receiving them a
minimum of up to 81 video proarammed channels. Construction will be
completed and channels actiN-ated as described in Exhibit C attached.
b. The System will utilize a hybrid fiber-coaxial architecture as detailed in the
Proposal. In addition, the System will be designed with the capability to
transmit return sianals upstream in the 5- 40 MHz spectrum which shall
be activated as Commercial tieed dictates. Finally, in conjunetion with the
upg-rade, Grantee shall replace all existinc., headend equipment with state-of-
the-art standard frequency headend equipment.
c. Grantee shall develop, construct and operate a System capable of providina
non-video servicec such as hiah-speed data transmission, Internet access,
and other competirive services which shall be activated as Marketplace
Need dictates. Grantee may use 200 MHz of the total 750 MHz System
capacity for the provision of such services.
11
d. During the design, walkout and preliminary construction activities related
to upgrade of the System, Grantee shall seek to identify the non-video
interests of the business community within City and will seek to quantify
business community demand for non-video services. Grantee shall report
the results of its investigation into business demand for non-video services
to the City or its designee no later than one (1) year from the
commencement date of the Franchise.
e. All final programming decisions remain the discretion of Grantee in
accordance with the Proposal, provided that Grantee notifies City and
Subscribers in writing thirty (30) days prior to any channel additions,
deletions, or realignments, and further subject to Grantee's signal carriage
obligations hereunder and pursuant to 47 U.S.C. § 531-536, and further
subject to City's rights pursuant to 47 U.S.C. § 545. Location and
relocation of the PEG Channels shall be governed by Section 6, 1. (c).
2. Construction Timetable.
a. Grantee shall complete all construction related to the System upgrade
required by Section 4 herein on or before November 30, 2000, in
accordance with the specific timeline identified in Exhibit C attached.
Failure to timely complete such construction shall be a violation of this
Franchise.
b. The System, once upgraded, shall continue to offer Service to all dwelling
units serviceable prior to upgrade and shall extend Service to any area
within the corporate boundaries of City which was not previously
constructed which exceeds a density of 35 dwelling units per cable mile or
greater for overhead plant and 50 dwelling units per cable mile for
underground plant.
c. Within ninety (90) days after the commencement of the renewal term of this
Franchise, Grantee shall commence application for all necessary pernuts,
licenses, certificates and authorizations which are required in the conduct
of its business. Failure to timely commence application for the
aforementioned authorizations shall be a violation of this Franchise.
d. Within ninety (90) days after commencement of the term of this renewed
Franchise, Grantee will commence System desian, walkout and all other
preliminary construction activities related to uparade of the System and
shall give written notice thereof to Ciry upon commencement of such
activities.
3. Interruption of Service. The Grantee shall interrupt service only for good cause
and for the shortest time possible. Such interruption shall occur during periods of
12
minimum use of the System. If service is interrupted for a total period of more
than forty eight (48) hours in any thirty (30) day period, Subscribers shall be
credited pro rata for such interruption.
4. Technical Standards. The technical standards used in the operation of the System
shall comply, at minimum, with the technical standards promulgated by the FCC
relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may
be amended or modified from time to time, which regulations are expressly
incorporated herein by reference.
5. Special Testing.
a. The City shall have the r2ght to inspect all construction or installation work
performed pursuant to the provisions of the Franchise. In addition, the
Ciry may require special testing of a location or locations within the System
if there is a particular matter of controversy or unresolved complaints
regarding such construction or installation work or pertaining to such
location(s). Demand for such special tests may be made on the basis of
complaints received or other evidence indicating an unresolved controversy
or noncompliance. Such tests shall be limited to the particular matter in
controversy or unresolved complaints. The City shall endeavor to so
arrange its request for such special testing so as to minimize hardship or
inconvenience to Grantee or to the Subscribers caused by such testing.
b. Before ordering such tests, Grantee shall be afforded thirty (30) days
following receipt of written notice to investigate and, if necessary, correct
problems or complaints upon which tests were ordered. The City shall
meet with Grantee prior to requiring special tests to discuss the need for
such and, if possible, visually inspect those locations which are the focus
of concern. If, after such meetings and inspections, City wishes to
commence special tests and the thirty (30) days have elapsed without
conection of the matter in controversy or unresolved complaints, the tests
shall be conducted at Grantee's expense by a qualified enQineer selected by
City and Grantee, and Grantee shall cooperate in such testinQ.
6. Drop Testing and Replacement. Grantee shall insert a 750 MHz carrier at a leve]
lOdb below the video carr,er-s that will be measured by Grantee as a normal
procedure during all service calIs. In addition, the Drops and related passive
equipment will be inspected durina Installations to assure that the Drop and passive
equipment can pass the full ;50 LiHz System capacity. In the erent measurement
of the carrier or the inspection demonstrate that a Drop or associated passive
equipment do not pass the full 750 MHz, the Subscriber address will be recorded
by Grantee and Grantee shall provide City, or its designee, upon request a report
indicating the addresses where Drops or associated passive equipment have failed.
Grantee shall replace all failing Drops and/or associated passive equipment at the
13
f
time the address upgrades service to a Ievel which requires a signal above the 550
MHz spectrum at no separate charge to the individual subscriber.
7. FCC Reports. The results of any tests required to be filed by Grantee with the
FCC shall upon request of City also be filed with the City or its designee within
ten (10) days of the conduct of such tests.
8. Interconnection. The System servicing the Cities of Arden Hills, Falcon Heights,
Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville,
St. Anthony, and Shoreview shall continue to be completely interconnected. In
addition, Grantee shall make available for interconnection purposes one (1) six (6)
MHz channel for forward video purposes, one (1) six (6) MHz channel for return
video purposes, one (1) six (6) MHz channeI for forward data or other purposes,
and one (1) six (6) MHz channel for return data or other purposes between all
Systems adjacent to the North Suburban System and under common ownership with
Grantee.
9. Nonvoice Return CapabilitX. Grantee is required to use cable and associated
electronics having the technical capacity for nonvoice return communications.
10. Lockout Device. Upon the request of a Subscriber, Grantee shall make available
a Lockout Device at no additional charge to Subscribers.
SECTION 5.
SERVICE PROVISIONS
1. Re,izulation of Service Rates.
a. The City may regulate rates for the provision of Cable Service, equipment,
or any other communications service provided over the System to the extent
allowed under federal or state law(s). City reserves the right to regulate
rates for any future services to the extent pernutted by law.
b. Grantee shall give Ciry and Subscribers written notice of any chan~e in a
rate or charge at least one billinq cycle prior to the effective date of the
chan~e. Bills must be clear, concise, and understandable, with itemization
of all charges.
\'on-Standard Installations. Grantee shall install and provide Cable Service to any
Person requesting other than a Standard Installation provided that said Cable
Service can meet FCC technical specifications and all payment and policy
obligations are met. In such case, Grantee may charge for the incremental increase
in material and labor costs incurred beyond the Standard Installation.
14
3. Sales Procedures. Grantee shall not exercise deceptive sales procedures when
marketing any of its services within City. In its initial communication or contact
with a non-Subscriber and in all general solicitation materials marketing the
Grantee or its services as a whole, Grantee shall inform the non-Subscriber of all
levels of service available, including the lowest priced and free service tiers.
Grantee shall have the right to market door-to-door during reasonable hours
consistent with local ordinances and regulation.
4. Subscriber Inquirv and Complaint Procedures.
a. Grantee shall have a publicly listed toll-free telephone number which shall
be operated so as to receive Subscriber complaints and requests on a
twenty-four (24) hour-a-day, seven (7) days-a-week, 365 days a year basis.
During normal business hours, trained representatives of Grantee shall be
available to respond to Subscriber inquiries.
b. Grantee shall maintain adequate numbers of telephone lines and personnel
to respond in a timely manner to schedule service calls and answer
Subscriber complaints or inquiries in a manner consistent with regulations
adopted by the FCC and Ciry where applicable and lawful. Under normal
operating conditions, teiephone answer time by a customer representative,
including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, transfer time shall
not exceed thirty (30) seconds. These standards shall be met no less than
ninety (90) percent of the time under normal operating conditions,
measured on a quarterly basis. Under normal operating conditions, the
customer will receive a busy signal less than three (3) percent of the time.
Grantee shall respond to written compiaints with copy to City or its
designee within thirty (30) days.
c. Subject to Grantee's obligations pursuant to law regarding privacy of
certain information, Grantee shall prepare and maintain written records of
all complaints received from City and the resolution of such complaints,
includina the date of such resolution. Such written records shall be on file
at the office of Grantee. Grantee shall provide City with awritten
summary of such complaints and their resolution upon request of City. As
to Subscriber complaints, Grantee shall comply with FCC record-kzzpintr
regulations, and make the results of such record-keepina available to City
upon request.
d. Subscriber requests for repairs shall be performed within thirty-six (36)
hours of the request unless conditions beyond the controi of Grantee
prevent such performance. Grantee may schedule appointments for
Installations and other service call either at a specific time or, at a
maximum, during a four hour time block during normal business hours.
15
Grantee may also schedule service calls outside normal business hours for
the convenience of customers. Grantee shall use its best efforts to not
cancel an appointment with a customer after the close of business on the
business day prior to the scheduled appointment. If the installer or
technician is late and will not meet the specified appointment time, he/she
must use his/her best efforts to contact the customer and reschedule the
appointment at the sole convenience of the customer. Service call
appointments must be met in a manner consistent with FCC standards.
5. Subscriber Contracts. Grantee shall file with City any standard form Subscriber
contract utilized by Grantee. If no such written contract exists, Grantee shall file
with the City a document completely and concisely stating the length and terms of
the Subscriber contract offered to customers. The length and terms of any
Subscriber contract(s) shall be available for public inspection during normal
business hours.
6. Refund Policv. In the event a Subscriber establishes or terminates service and
receives less than a full month's service, Grantee shall prorate the monthly rate on
the basis of the number of days in the period for which service was rendered to the
number of days in the billing.
7. Late Fees. Fees for the late payment of bills shall not be assessed until after the
service has been fully provided and, as of the due date of the bill notifying
Subscriber of an unpaid balance, the bill remains unpaid. Late Fees may not
exceed the actual costs to Grantee of late payment of bills and the servicing and
collecting of such accounts.
8. Office Policv. Grantee shall maintain a location in City or the Franchise territory
encompassing any joint regulatory body of which City is a Member for receiving
Subscriber inquiries and bill payments. The location must be staffed by a person
capable of receiving inquiries and bill payments. In addition, Grantee shall
maintain a local drop bor for receiving Subscriber payments after hours.
SECTION 6.
ACCESS CHANNEL(S) PROVISIO~,'S
1. Public. Educational and Government Access.
a. City or its desiQnee is hereby desiQnated to operate, administer, promote,
and manage access (public, education, and government programming)
(hereinafter "PEG access") programming on the Cable System.
b. Grantee shall dedicate 12 channel(s) for PEG access and community
programming use in accordance with the Proposal. All residential
16
Subscribers who receive all or any part of the total services offered on the
System shall be eligible to receive such channels at no additional charge.
The channel(s) shall be activated upon the effective date of this Franchise
and thereafter maintained. City may rename, reprogram, or otherwise
change the use of these channels in its sole discretion, provided such use
is non-commercial, lawful, and retains the general purpose of the provision
of community programming. Nothing herein shall diminish the City's
rights to secure additional channels pursuant to Minn. Stat. § 238.084,
which is expressly incorporated herein by reference. City shall provide
ninety (90) days prior written notice to Grantee of City's intent to activate
access channels.
c. Each public and government access channel(s) required by this Section
shall retain the channel designation/number it had as of the commencement
of this Franchise term. Grantee may not move or otherwise change the
channel number or location of any public or government access or
community program channel without the written approval of the City or its
designee. Upon six (6) months notice to City, any other access channel
may be moved by Grantee, but in no event more than once every two (2)
years unless otherwise allowed by City, provided Grantee pays all
reasonable costs or expenses arising out of the channel move including, but
not limited to, equipment necessary to effect the change at the
programmer's production or receiving facility (school frequency routing
equipment, etc.), signage, letterhead, business cards, and reasonable
marketing or other constituency notification costs. In any event, those
access channels carried on the universal service tier pursuant to the MOU
shall remain on the universal service tier. This paragraph shall not apply
to Regional Channel 6.
2. Char,ges for Use. Channel time and playback of prerecorded programming on the
PEG access and community program channel(s) must be provided without charge
to City and the public.
3. Access Rules. City, or its desianee, shall implement rules for use of any access
channel(s). ~
4. Access Support. Grantee shall continue to be obligated pursuant to the MOU, and
shall additionally provide $667,286.00 over the term of this Franchise for the
acquisition of new equipment accordinQ to the schedule in Exhibit A attached.
5. Studio Relocation. In addition to the aareement between the City and Grantee
regarding the North Suburbs Access Corporation relocation pursuant to the access
transfer agreement, the following shall apply: If North Suburbs Access
Corporation expends, with Grantee's express written consent which may not be
unreasonably withheld, over $1,000.00 to remodel or renovate its leasehold in a
17
twelve (12) month period and Grantee thereafter requires North Suburbs Access
Corporation to move studio locations, Grantee shall reimburse North Suburbs
Access Corporation 100 % of its expenditures if the request to move is within one
(1) year of the expense of North Suburbs Access Corporation. Said reimbursement
shall be decreased by 20% for each year the expense was incurred prior to the date
North Suburbs Access Corporation is required to move.
6. Regional Channel6. Grantee shall designate standard VHF Channel 6 for uniform
regional channel usage.
7. State and Federal Law compliance. Satisfaction of the requirements of this Section
6 satisfies any and all of Grantee's state and federal law requirements of Grantee
with respect to PEG access.
SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS
1. CapacitX.
a. Grantee shall provide an Institutional Network with 54 channel capacity (16
upstream channels and 38 downstream channels) in the 5-450 MHz
spectrum, all in accordance with the Proposal. All institutions designated
on Exhibit B attached hereto and made a part hereof shall be connected to
the Institutional Network along with any new City Hall which may be
constructed by City or to which City may otherwise move its government
offices or City Council meeting locations. Other public or educational
institutions subsequently designated by City shall be connected to the
Institutional Network if the designated institution is located less than five
hundred (500) feet from the existing Institutional Network, or if such
designated institution agrees to reimburse Grantee for Grantee's actual costs
in excess of the five hundred (500) foot installation actual costs.
b. All institutions designated on Exhibit B attached shall be allowed to make
use of the full channel capacity for video uses at no charge. The
institutions designated on Exhibit B attached may make use of three (3)-6
MHz channels downstream and three (3)-6 MHz channels upstream for
non-video uses at no charge.
c. Grantee shall construct and thereafter maintain fiber optics to the
Institutional Network nodes which shall include two (2) fibers to transmit
the fifty-four (54) channels required in subparagraph a. above, and four (4)
additional fibers which are expressly for the use of the institutions listed in
Exhibit B.
18
Charges to designated institutions for non-video use of the channels other
than the six (6) non-video dedicated channels (three (3) upstream and three
(3) downstream) on the Institutional Network required in subparagraph a.
above shall be calculated based on Grantee's actual cost plus a 45 % margin
or the "most favored comparable user rate", whichever is lower. Charges
to the designated institutions for video or non-video use of the six (6) fibers
provided to the Institutional Network nodes shall be calculated based only
upon Grantee's incremental actual cost for providing the additional six (6)
fibers.
Use of the Institutional Network by a designated institution is limited to its
own use(s) and no institution may sell Institutional Network capacity or
usage to any third party, without the express written consent of Grantee.
2. Grantee's Use of CapacitX. Grantee may use available capacity on the fifty-four
(54) channel Institutional Network required in Paragraph la. above for other uses
including commercial uses, provided, however, that usage of seventy-five percent
(75 of such capacity by designated institutions shall have priority over other
uses subject to rules or policies adopted by Grantee and approved in advance by
City. Further, should City determine that any portion of Grantee's use of the
twenty-five percent (25 should be terminated to accomodate the use by a
designated institution for video purposes, City may direct that Grantee terminate
its use at the expiration of any third party use contract or three (3) years,
whichever is sooner.
3. End-User Equipment.
a. Designated institutions shall be generally responsible for providing their
own end-user equipment. However, Grantee shall provide at no charge
twenty (20) new modulators for City and/or designated institutions use of
the Institutional Network, all as approved by the City.
b. With respect to non-video end-user equipment, upon request by a
designated institution, Grantee must either lease the equipment requested
to the requesting institution or make reasonable efforts to arrange for the
lease of such equipment. Within 30 days of a written request, Grantee
must notify the requestina institution in writing of its ability or inability to
lease the requested equipment and the terms of such lease. The City, its
designee, or the requestina institution may purchase or lease the equipment
from any vendor.
c. In addition, Grantee will provide standby power for the Institutional
Network, provide fifteen (15) new pilot generators, re-tune ten (10)
existing return pilot generators, and re-tune one hundred twenty-four 124
existing return amplifiers.
19
4. Service Standards. Grantee shall maintain those technical and performance
standards as are detailed in Exhibit D attached. Grantee shall provide the City, or
its designee, upon request with reports of the performance of the I-Net and
Grantee's compliance with the technical and performance standards.
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS
1. Administration of Franchise. The City Administrator or other designee shall have
continuing regulatory jurisdiction and supervision over the System and the
Grantee's operation under the Franchise. The City, or its designee, may issue such
reasonable rules and regulations concerning the construction, operation and
maintenance of the System as are consistent with the provisions of the Franchise
and law.
2. Delegated Authoritv. The City may appoint a citizen advisory body or a Joint
Powers Commission, or may delegate to any other body or Person authority to
administer the Franchise and to monitor the performance of the Grantee pursuant
to the Franchise. Grantee shall cooperate with any such deleaatee of City.
3. Franchise Fee.
a. During the term of the Franchise, Grantee shall pay quarterly to City or its
delegatee a Franchise Fee in an amount equal to five percent (5%) of its
quarterly Gross Revenues, or such other amounts as are subsequently
permitted by federal statute.
b. Any payments due under this provision shall be payable quarterly. The
payment shall be made within thirty (30) days of the end of each of
Grantee's fiscal quarters together with a report showinQ the basis for the
computation.
c. All amounts paid shall be subject to audit and recomputation by City and
acceptance of any payment shall not be construed as an accord that the
amount paid is in fact the correct amount.
4. Access to Records. The City shall have the right to inspect, upon reasonable
notice and during normal business hours, or require Grantee to provide within a
reasonable time copies of any records maintained by Grantee which relate to
System operations including specifically Grantee's accounting and financial
records.
20
5. Reports and Maps to be Filed with CitX.
a. Grantee shall file with the City, at the time or payment of the Franchise
Fee, a report of all Gross Revenues in form and substance as required by
City.
b. Grantee shall prepare and furnish to City, at the times and in the form
prescribed, such other reasonable reports with respect to Grantee's
operations pursuant to this Franchise as City may require.
c. If required by City, Grantee shall furnish to and file with City
Administrator the maps, plats, and permanent records of the location and
character of all facilities constructed, including underground facilities, and
Grantee shall file with City updates of such maps, plats and permanent
records annually if changes have been made in the System.
6. Periodic Evaluation.
a. The City may require evaluation sessions at any time during the term of
this Franchise, upon fifteen (15) days written notice to Grantee.
b. Topics which may be discussed at any evaluation session may include, but
are not limited to, applica[ion of new technologies, System performance,
programming offered, access channels, facilities and support, municipal
uses of cable, subscriber rates, customer complaints, amendments to this
Franchise, judicial rulings, FCC rulings, line extension policies and any
other topics City deems relevant.
c. As a result of a periodic review or evaluation session, upon notification
from City, Grantee shall meet with city and undznake good faith efforts to
reach agreement on changes and modifications to the terms and conditions
of the Franchise which are both economically and technically feasible.
SECTION 9.
GENERAL FINAi,;CIAL AND INSURA~tiCE PROVZSIO\S
1. Performance Bond.
a. At the time the Franchise becomes effectit-e and at all times thereafrer, until
the Grantee has liquidated all of its obliQations with Citv, the Grantee shall
furnish a bond to City in the amount of $500,000.00 in a form and with
such sureties as reasonably acceptable to City. This bond will be
conditioned upon the faithful performance by the Grantee of its Franchise
obligations and upon the further condition that in the event the Grantee
21
shall fail to comply with any law, ordinance or regulation governing the
Franchise, there shall be recoverable jointly and severally from the
principal and surety of the bond any damages or loss suffered by City as a
result, including the full amount of any compensation, indemnification or
cost of removal or abandonment of any property of the Grantee, plus a
reasonable allowance for attorneys' fees and costs, up to the full amount of
the bond, and further guaranteeing payment by the Grantee of claims, liens
and taxes due City which arise by reason of the construction, operation, or
maintenance of the System. The rights reserved by City with respect to the
bond are in addition to all other rights City may have under the Franchise
or any other law. City may, from year to year, in its sole discretion,
reduce the amount of the bond.
b. The tune for Grantee to conect any violation or liability, shall be extended
by Ciry if the necessary action to correct such violation or liability is, in the
sole determination of City, of such a nature or character as to require more
than thirty (30) days within which to perform, provided Grantee provides
written notice that it requires more than thirty (30) days to correct such
violations or liability, commences the corrective action within the thirty
(30) days period and thereafter uses reasonable diligence to correct the
violation or liability.
c. In tfie event this Franchise is revoked by reason of default of Grantee, City
shall be entitled to collect from the performance bond that amount which
is attributable to any damages sustained by City as a result of said default
or revocation.
d. Grantee shall be entitled to the return of the performance bond, or portion
thereof, as remains sixty (60) days after the expiration of the term of the
Franchise or revocation for default thereof, provided City has not notified
Grantee of anv actual or potential damages incurred as a result of Grantee's
operations pursuant to the Franchise or as a result of said default.
e. The rights reserved to City with respect to the performance bond are in
addition to all other rights of Ciry whether reserved by this Franchise or
authorized bv la«-, and no action, proceedinQ or exercise of a riaht with
respect to the performance bond shall affect any other riaht City may have.
2. Letter of Credit.
a. At the time of acceptance of this Franchise, Grantee shall deliver to Ciry
an irrevocable and unconditional Letter of Credit, in form and substance
acceptable to City, from a National or State bank approved by City, in the
amount of $25,000.00.
22
b. The Letter of Credit shall pravide that funds will be paid to City, upon
written demand of City, and in an amount solely determined by City in
payment for penalties charged pursuant to this Section, in payment for any
monies owed by Grantee to City or any person pursuant to its obligations
under this Franchise, or in payment for any damage incurred by City or
any person as a result of any acts or omissions by Grantee pursuant to this
Franchise.
c. In addition to recovery of any monies owed by Grantee to City or any
person or damages to City or any person as a result of any acts or
omissions by Grantee pursuant to the Franchise, City in its sole discretion
may charge to and collect from the Letter of Credit the following penalties:
i. For failure to timely complete System upgrades as provided in this
Franchise unless City approves the delay, the penalty shall be
$500.00 per day for each day, or part thereof, such failure occurs
or continues.
ii. For failure to provide data, documents, reports or information or to
cooperate with City during an application process or system review
or as otherwise provided herein, the penalty shall be $250.00 per
day for each day, or part thereof, such failure occurs or continues.
iii. Fifteen (15) days following notice from City of a failure of Grantee
to comply with construction, operation or maintenance standards,
the penalty shall be $500.00 per day for each day, or part thereof,
such failure occurs or continues.
iv. For failure to provide the services Grantee has proposed, including,
but not limited to, the implementation and the utilization of the
access channels and the maintenance and/or replacement of the
equipment and other facilities, the penalty shall be 5500.00 per day
for each day, or part thereof, such failure occurs or continues.
v. For Grantee's breach of any written contract or aQreement with or
to the City or its designee, the penalty shall be SSOO.OQ per day for
each day, or part thereof, such breach occurs or continues.
vi. For failure to comply with any of the provisions of this Franchise,
or other City ordinance for which a penalt}° is not otherwise
specifically provided pursuant to this paragraph c, the penalty shall
be $250.00 per day for each day, or part thereof, such failure
occurs or continues.
23
d. Each violation of any provision of this Franchise shall be considered a
separate violation for which a separate penalty can be imposed.
e. Whenever City finds that Grantee has violated one or more terms,
conditions or provisions of this Franchise, or for any other violation
contemplated in Subparagraph c. above, a written notice shall be given to
Grantee informing it of such violation. At any time after thirty (30) days
(or such longer reasonable time which, in the sole determination of City,
is necessary to cure the alleged violation) following local receipt of notice,
provided Grantee remains in violation of one or more terms, conditions or
provisions of this Franchise, in the sole opinion of City, City may draw
from the Letter of Credit all penalties and other monies due City from the
date of the local receipt of notice.
f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven
(7) days of such draw, notify City in writing that there is a dispute as to
whether a violation or failure has in fact occurred. Such written notice by
Grantee to City shall specify with particularity the matters disputed by
Grantee. All penalties shall continue to accrue and City may continue to
draw from the Letter of Credit during any appeal pursuant to this
subparagraph f.
i. Ciry shall hear Grantee's dispute within sixty (60) days and render
a final decision within sixty (60) days thereafter.
ii. Upon the determination of City that no violation has taken place,
City shall refund to Grantee, without interest, all monies drawn
from the Letter of Credit by reason of the alleged violation.
g. If said Letter of Credit or any subsequent Letter of Credit delivered
pursuant thereto expires prior to thirty (30) months after the expiration of
the term of this Franchise, it shall be renewed or replaced durinQ tYie term
of this Franchise to provide that it will not expire earlier than thirry (30)
months after the expiration of this Franchise. The renewed or replaced
Letter of Credit shall be of the same form and with a bank authorized
herein and for the full amount stated in Paraaraph A of this Section.
h. If City draws upon the I.ettzr of Credit or any subsequent I.etter of Credit
delivered pursuant hereto, in whole or in part, Grantee shail rzplace or
replenish to its fuli amount the same within ten (10) da}•s and shall deliver
to City a like replacement Letter of Credit or certification of replenishment
for the full amount stated in Section 9.2 (a) as a substitution of the previous
Letter of Credit. This shall be a continuing obligation for any draws upon
the Letter of Credit.
24
i. If any Letter of Credit is not so replaced or replenished, City may draw on
said Letter of Credit for the whole amount thereof and use the proceeds as
City determines in its sole discretion. The failure to replace or replenish
any Letter of Credit may also, at the option of the City, be deemed a
default by Grantee under this Franchise. The drawing on the Letter of
Credit by City, and use of the money so obtained for payment or
performance of the obligations, duties and responsibilities of Grantee which
are in default, shall not be a waiver or release of such default.
j. The collection by City of any damages, monies or penalties from the Letter
of Credit shall not affect any other right or remedy available to City, nor
shall any act, or failure to act, by City pursuant to the Letter of Credit, be
deemed a waiver of any right of City pursuant to this Franchise or
otherwise.
3. Indemnification of CitX.
a. City, its officers, boards, committees, commissions, elected officials,
employees and agents shall not be liable for any loss or damage to any real
or personal property of any Person, or for any injury to or death of any
Person, arising out of or in connection with Grantee's construction,
operation, maintenance, repair or removal of the System or as to any other
action of Grantee with respect to this Franchise.
b. Grantee shall indemnify, defend, and hold harmless City, its officers,
boards, committees, commissions, elected officials, employees and agents,
from and against all liability, damages, and penalties which they may
legally be required to pay as a result of the City's exercise, administration,
or enforcement of the Franchise.
c. NothinQ in this Franchise relieves a Person, except City, from liability
arisinQ out of the failure to exercise reasonable care to avoid injuring the
Grantee's facilities while performing work connected with grading,
regardina, or chanaino the line of a Riaht-of-Way or public place or with
the construction or reconstruction of a sewer or water system.
4. Insurance.
a. As a part of the indemnification provided in Section 8.3, but without
limit'hzQ the foreaoina, Grantee shall file with CiR- at the time of its
acceptance of this Franchise, and at all times thereafter maintain in full
force and effect at its sole expense, a comprehensive general liability
insurance policy, including broadcaster's/cablecaster's liability and
contractual liability coverage, in protection of the Grantee, and the City,
its officers, elected officials, boards, commissions, agents and employees
25
for any and all damages and penalties which may arise as a result of this
Franchise. The policy or policies shall name the City as an additional
insured, and in their capacity as such, City officers, elected officials,
boards, commissions, agents and employees.
b. The policies of insurance shall be in the sum of not less than $1,000,000.00
for personal injury or death of any one Person, and $2,000,000.00 for
personal injury or death of two or more Persons in any one occunence,
$500,000.00 for property damage to any one person and $2,000,000.00 for
property damage resulting from any one act or occurrence.
c. The policy or policies of insurance shall be maintained by Grantee in full
force and effect during the entire term of the Franchise. Each policy of
insurance shall contain a statement on its face that the insurer will not
cancel the policy or fail to renew the policy, whether for nonpayment of
premium, or otherwise, and whether at the request of Grantee or for other
reasons, except after sixty (60) days advance written notice have been
provided to City.
SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
1. City's Right to Revoke.
a. In addition to all other rights which Ciry has pursuant to law or equity, City
reserves the right to commence proceedings to revoke, terminate or cancel
this Franchise, and all rights and privileges pertaining thereto, if it is
determined by City that:
i. Grantee has violated material provisions(s) of this Franchise; or
ii. Grantee has attempted to evade any of the provisions of the
Franchise: or
iii. Grantee has practiced fraud or deceit upon City.
City may revoke this Franchise without the hearina required by 9.2(b)
herein if Grantez is adjudQed a bankrupt. y
2. Procedures for Revocation.
a. City shall provide Grantee with written notice of a cause for revocation and
the intent to revoke and shall allow Grantee thirty (30) days subsequent to
receipt of the notice in which to correct the violation or to provide adequate
26
assurance of performance in compliance with the Franchise. In the notice
required herein, City shall provide Grantee with the basis of the revocation.
b. Grantee shall be provided the right to a public hearing affording due
process before the City Council prior to the effective date of revocation,
which public hearing shall follow the thirty (30) day notice provided in
subparagraph (a) above. City shall provide Grantee with written notice of
its decision together with written findings of fact supplementing said
decision.
c. Only after the public hearing and upon written notice of the determination
by City to revoke the Franchise may Grantee appeal said decision with an
appropriate state or federal court or agency.
d. During the appeal period, the Franchise shall remain in full force and effect
unless the term thereof sooner expires or unless continuation of the
Franchise would endanger the health, safety and welfare of any person or
the public.
3. Abandonment of Service. Grantee may not abandon the System or any portion
thereof without having first given three (3) months written notice to City. Grantee
may not abandon the System or any portion thereof without compensating City for
damages resulting from the abandonment, including all costs incident to removal
of the System.
4. Removal After Abandonment. Termination or Forfeiture.
a. In the event of termination or forfeiture of the Franchise or abandonment
of the System, City shall have the riaht to require Grantee to remove all or
any portion of the System from all Rights-of-Way and public property
within City.
b. If Grantee has failed to commence removal of System, or such part thereof
as was desiQnated by City, within thirty (30) days afrer written notice of
City's demand for removal is Qiven, or if Grantee has failed to complete
such removal within twelve (12) months after written notice of City's
demand for removal is given, City shall have the riaht to apply funds
secured by the Letter of Credit and Performance Bond toward removal
and/or declare all right, title, and interest to the S~~stem t~i be in City with
all riahts of ownership including, but not limited to, the right to operate the
System or transfer the System to another for operation by it.
27
5. Sale or Transier of Franchise.
a. No sale or transfer of the Franchise, or sale, transfer, or fundamental
corporate change of or in Grantee, including, but not limited to, a
fundamental corporate change in Grantee's parent corporation or any entity
having a controlling interest in Grantee, the sale of a controlling interest in
the Grantee's assets, a merger including the merger of a subsidiary and
parent entity, consolidation, or the creation of a subsidiary or affiliate
entity, shall take place until a written request has been filed with City
requesting approval of the sale, transfer, or corporate change and such
approval has been granted or deemed granted, provided, however, that said
approval shall not be required where Grantee grants a security interest in
its Franchise and/or assets to secure an indebtedness.
b. Any sale, transfer, exchange or assignment of stock in Grantee, or
Grantee's parent corporation or any other entity having a controlling
interest in Grantee, so as to create a new controlling interest therein, shall
be subject to the requirements of this Section 10.5. The term "controlling
interest" as used herein is not limited to majority stock ownership, but
includes actual working control in whatever manner exercised. In any
event, as used herein, a new "controlling interest" shall be deemed to be
created upon the acquisition through any transaction or group of
transactions of a legal or beneficial interest of fifteen percent (15%) or
more by one Person. Acquistion by one Person of an interest of five
percent (5 or more in a single transaction shall require notice to City.
c. The Grantee shall file, in addition to all documents, forms and information
required to be filed by applicable law, the following:
1. All contracts, a;reements or other documents that constitute the
proposed transaction and all exhibits, attachments, or other
documents referred to therein which are necessary in order to
understand the terms thereof.
2. A list detailinQ all documents filed with any state or federal aaency
related to the transaction including, but not limited to, the MPUC,
the FCC, the FTC, the FEC, the SEC or MnDOT. Upon request,
Grantee shall provide Ciry with a complete copy of any such
document: and 3. Any other documents or information related to the transaction as
may be specifically requested by the City.
d. City shall have such time as is permitted by federal law in which to review
a transfer request.
28
e. The Grantee shall reimburse City for all the legal, administrative, and
consulting costs and fees associated with the City's review of any request
to transfer. Nothing herein shall prevent Grantee from negotiating partial
or complete payment of such costs and fees by the transferee. Grantee may
not itemize any such reimbursement on Subscriber bills, but may recover
such expenses in its subscriber rates.
f. In no event shall a sale, transfer, corporate change, or assignment of
ownership or control pursuant to subparagraph (a) or (b) of this Section be
approved without the transferee becoming a signatory to this Franchise and
assuming all rights and obligations thereunder, and assuming all other
rights and obligations of the transferor to the City including, but not limited
to, any adequate guarantees or other security instruments provided by the
transferor.
g. In the event of any proposed sale, transfer, corporate change, or assignment
pursuant to subparagraph (a) or (b) of this Section, City shall have the right
to purchase the System for the value of the consideration proposea in such
transaction. City's right to purchase shall arise upon City's receipt of
notice of the material terms of an offer or proposal for sale, transfer,
corporate change, or assignment, which Grantee has accepted. Notice of
such offer or proposal must be conveyed to City in writing and separate
from any general announcement of the transaction.
h. City shall be deemed to have waived its right to purchase the System
pursuant to this Section only in the following circumstances:
i. If City does not indicate to Grantee in writing, within sixty (60)
days of receipt of written notice of a proposed sale, transfer,
corporate change, or assignment as contemplated in Section 10.5 (g)
above, its intention to exercise its right of purchase; or
ii. It approves the assignment or sale of the Franchise as provided
within this Section.
i. No Franchise may be transferred if City determines Grantee is in
noncompliance of the Franchise unless an acceptable compliance program
has been approved by Ciry. The approval of any transfer of ownership
pursuant to this Section sha11 not be deemed to waive anv riahts of City to
subsequenth• enforce noncompliance issues relatinQ to this Franchise even
if such issues predated the approval, whether known or unknown to City.
29
SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS
1. Discriminatorv Practices Prohibited. Grantee shall not deny service, deny access,
or otherwise discriminate against Subscribers or general citizens on the basis of
race, color, religion, national origin, sex, age, status as to public assistance,
affectional preference, or disability. Grantee shall comply at all times with all
other applicable federal, state, and city laws, and all executive and administrative
orders relating to nondiscrimination.
2. Subscriber Privacv.
a. No signals including signals of a Class IV Channel may be transmitted from
a Subscriber terminal for purposes of monitoring individual viewing
patterns or practices without the express written permission of the
Subscriber. Such written permission shall be for a limited period of time
not to exceed one (1) year which may be renewed at the option of the
Subscriber. No penalty shall be invoked for a Subscriber's failure to
provide or renew such authorization. The authorization shall be revocable
at any time by the Subscriber without penalty of any kind whatsoever.
Such permission shall be required for each type or classification of Class
IV Channel activity planned for the purpose of monitoring individual
viewing patterns or practices.
b. No lists of the names and addresses of Subscribers or any lists that identify
the viewing habits of Subscribers shall be sold or otherwise made available
to any party other than to Grantee or its agents for Grantee's service
business use or to City for the purpose of Franchise administration, and
also to the Subscriber subject of that information, unless Grantee has
received specific written authorization from the Subscriber to make such
data available. Such written permission shall be for a limited period of
time not to exceed one (1) year which may be renewed at the option of the
Subscriber. No penalty shall be invoked for a Subscriber's failure to
provide or renew such authorization. The authorization shall be revocable
at any time by the Subscriber without penalty of any kind whatsoever.
c. Written permission from the Subscriber shall not be required for the
conducting of System wide or individually addressed electronic sweeps for
the purpose of verifyinQ System integriry or monitorina for the purpose of
billing. Confidentiality of such information shally be subject to the
provision set forth in subparagraph (b) of this Section.
30
SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for
any firm, Person, group, company, corporation, or governmental body or agency,
without the express consent of the Grantee, to make or possess, or assist anybody
in making or possessing, any unauthorized connection, extension, or division,
whether physically, acoustically, inductively, electronically or otherwise, with or
to any segment of the System or receive services of the System without Grantee's
authorization.
2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person,
group, company, or corporation to willfully interfere, tamper, remove, obstruct,
or damage, or assist thereof, any part or segment of the System for any purpose
whatsoever, except for any rights City may have pursuant to this Franchise or its
police powers.
3. Pealtv. Any firm, Person, group, company, or corporation found guilty of
violating this section may be fined not less than Twenty Dollars ($20.00) and the
costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of
the action for each and every subsequent offense. Each continuing day of the
violation shall be considered a separate occurrence.
SECTION 13.
MISCELLANEOUS PROVISIONS
1. Franchise Renewal. Any renewal of this Franchise shall be performed in
accordance with applicable federal, state and local laws and regulations. The term
of any renewed Franchise shall be limited to a period not to exceed fifteen (15)
years.
2. Work Performed bv Others. All applicable obligations of this Fzanchise shall
apply to any subcontractor or others performing any work or ser~-ices pursuant to
the provisions of this Franchise, however, in no event shall any such subcontractor
or other performina work obtain any rights to maintain and operate a System ar
provide Cable Service. Grantee shall provide notice to City of the name(s) and
address(es) of an~l entity, other than Grantee, which performs substantial services
pursuant to this Franchise.
3. Amendment of Franchise Ordinance. Grantee and City may aaree, from time to
time, to amend this Franchise. Such written amendments may be made subsequent
to a review session pursuant to Section 7.5 or at any other time if City and Grantee
agree that such an amendment will be in the public interest or if such an
31
amendment is required due to changes in federal, state or local laws. Provided,
however, nothing herein shall restrict City's exercise of its police powers or City's
authority to unilaterally amend Franchise provisions to the extent permitted by law.
4. Compliance with Federal. State and Local Laws.
a. If any federal or state law or regulation shall require or permit City or
Grantee to perform any service or act or shall prohibit City or Grantee
from performing any service or act which may be in conflict with the terms
of this Franchise, then as soon as possible following knowledge thereof,
either party shall notify the other of the point in conflict believed to exist
between such law or regulation. Grantee and City shall conform to state
laws and rules regarding cable communications not later than one year after
they become effective, unless otherwise stated, and to conform to federal
laws and regulations regarding cable as they become effective.
b. If any term, condition or provision of this Franchise or the application
thereof to any Person or circumstance shall, to any extent, be held to be
invalid or unenforceable, the remainder hereof and the application of such
term, condition or provision to Persons or circumstances other than those
as to whom it sha11 be held invalid or unenforceable shall not be affected
thereby, and this Franchise and all the terms, provisions and conditions
hereof shall, in all other respects, continue to be effective and complied
with provided the loss of the invalid or unenforceable clause does not
substantially alter the agreement between the parties. In the event such
law, rule or regulation is subsequently repealed, rescinded, amended or
otherwise changed so that the provision which had been held invalid or
modified is no longer in conflict with the law, rules and regulations then in
effect, said provision shall thereupon return to full force and effect and
shall thereafter be binding on Grantee and City.
5. Nonenforcement b,Y Cirv. Grantee shall not be relieved of its obliQations to comply
with any of the provisions of this Franchise by reason of any failure or delay of
City to enforce prompt compliance. City may only waive its ri(yhts hereunder by
expressly so statinQ in writing. Any such written waiver by City of a breach or
violation of any provision of this Franchise shall not operate as or be construed to
be a waiver of any subsequent breach or violation.
6. Riahts Cumulative. All riahts and remedies aiven to City by this Franchise or
retained by Cit), herein shall be in addition to and cumulative with any and all
other riahts and remedies, existina or implied, now or hereafter available to City,
at law or in equiry, and such rights and remedies shall not be exclusive, but each
and every right and remedy specifically given by this Franchise or otherwise
existing or given may be exercised from time to time and as often and in such
order as may be deemed expedient by City and the exercise of one or more rights
32
or remedies sha11 not be deemed a waiver of the right to exercise at the same time
or thereafter any other right or remedy.
7. Grantee Acknowledgment of Validitv of Franchise. Grantee acknowledges that it
has had an opportunity to review the terms and conditions of this Franchise and
that under current law Grantee believes that said terms and conditions are not
unreasonable or arbitrary, and that Grantee believes City has the power to make
the terms and conditions contained in this Franchise.
SECTION 14.
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
l. Publication: Effective Date. This Franchise shall be published in accordance with
applicable local and Minnesota law. The Effective Date of this Franchise shall be
the date of acceptance by Grantee in accordance with the provisions of Section
14.2.
2. Acceptance.
a. Grantee shall accept this Franchise within sixty (60) of its enactment by the
City Council, unless the time for acceptance is extended by City. Such
acceptance by the Grantee shall be deemed the grant of this Franchise for
all purposes provided, however, this Franchise shall not be effective until
all City ordinance adoption procedures are complied with and all applicable
timelines have run for the adoption of a City ordinance. In the event
acceptance does not take place, or should all ordinance adoption procedures
and timelines not be completed, this Franchise and any and all rights
granted hereunder to Grantee shall be null and void.
b. Upon acceptance of this Franchise, Grantee and City shall be bound by all
the terms and conditions contained herein.
c. Grantee shall accept this Franchise in the following manner:
i. This Franchise will be properly executed and acknowledQed by
Grantee and delivered to City. ~
ii. With its acceptance, Grantee shall also deliver anv arant payments,
performance bond and insurance certificates required hzrein that
have not previously been delivered.
33
Passed and adopted this Ol9'O day of 4;e ATTE ST: CITY LS
By: By: Tts: I s:
ACCEPTED: This Franchise is accepted and Ive agree to be bound by its terms and conditions.
Dated: By:
Its :
C:1C AB LE\N SCCCC\A RDEN HIL. FRN
34
EXHIBIT A
OaMeredith
Kevin C. Griffin
' TWW.Cable President 8. Generai Manager
, 934 Woodhill Drive (Fax) 612/483-9184
Roseville, MN 55113 Customer Service: 612/483-9999
Administration: 612/483-3233
August 4, 1997
Ms. Cor Wilson, Executive Director
North Suburban Cable Communications Commission
950 Woodhill Drive
Roseville, Minnesota 55113
Re: North Suburban Cable Communications Franchise Renewal
Dear Cor:
Attached please find an updated and revised Renewal Proposal per your request. We have made
an attempt to identify everything that has been agreed to between us. Should there be any
confusion please refer to my memorandum of July 31, 1997 to Mr. Creighton.
As we have discussed, any aareements or offers reaardin; clarifications or modifications of our
May 13, 1997 proposal have been made in the spirit and context of an entire "package" of
understandings. Accordin~ly, chan~es in any one component could result in a need to change
other components. Please feel free to contact me with any questions or for further clarification.
Si?in ly,
K . Griff in
' cc: Thomas D. Creiahton
Randall Coleman
Kathi Donnelly-Cohen
John Gibbs
Trudi McCollum Foushee
EXHIBIT A - Continued
Renewal Proposal - Investment for the Future
Meredith Cable proposes to meet the needs of the North Suburbs with this investment plan for the
future wllich will thoroughly revitalize and modernize the system. This plan includes a franchise
commitment to develop the system to 750 MHZ capacity. This plan will result in higher quality
signals, expanded channel capacity and the opportunity to launch new programming services. In
addition, Meredith Cable proposes to upgrade the existing Institutional Network and incorporate
fiber into the system to facilitate future expansion of the Institutionai Network. Meredith Cable
also proposes a renewal of our commitment to support of local access programming and the
establishment of capability to enable the development of future high speed data transmission
services and other future services. This proposal represents an ag;ressive effort to respond to
identified community needs and interests, taking into account the cost of ineeting those needs and
interests over the requested fifteen (15) year renewa] time frame. The specifics of the proposal
are set forth below:
A SUBSCRIBER SYSTEM UPGRADE DESIGN AND CONSTRUCTION
Meredith Cable will commit in a renewal franchise that the subscriber system servin~ the North
Suburbs will be enhanced from the current 450 MHZ, 65 channel system to a state-of-the-art 750
MHZ system offering dramatically more channel capacity, hiaher signal quality, more reliability
and more features as set forth below:
~ A- l. The subscriber network will be 750 MHZ capacity. Meredith plans to initially
program 81 downstream channels upon activation - with phased activation launches as
nodes are completed. This leaves an additional 200 iNEiZ capacity available for future
activation of additional video channels, dijital services, and other services as future
marketplace needs dictate. In addition, the system will be desic'ned with the capability to
transmit return signals upstream at 5- 40 NIHZ in the future as commercial need dictates
and with mutually acceptable franchise langua;e that establishes a mechanism for
discussions reQarding activation of the return.
• A- 2. Hybrid fiber-coaxial architecture will be deployed.
• A- 3. Initially, the system will be developed w-ith approMimately Forty (40) pockets which
. are called "nodes", each connected by optical fiber and serving approaimately Two
Thousand (2000) homes with a minimum 16 fiber count. The fiber optic nodes will be
desiQned to be capable of miQrating ta five hundred (500) home nodes with a minimum 4
fiber count as marketplace need dictates.
• A- 4. :U power supplies will be equipped with standby power capability which, at a
minimum, will be initially activated at the node locations.
• A-5. In order to better assure reliability and system maintenance, the system will
EXHIBIT A - Continued
incorporate status monitoring at nodes and strate;ic locations. .
• A- 6. Non-interruptible power-passing compatible taps are planned for ease of
maintenance and less disruption during system maintenance.
• A- 7. Adequate fiber count, a minimum of 16 per initial 2,000 home node, will be
included in order to facilitate future expansion of needs includin; future expansion of
needs in business corridors as commercial need dictates.
• A- 8. The subscriber RF system will accommodate and be capable of providing return
signals in 5- 40 N1HZ bandwidth in the future. Such return capacity will he activated as
commercial and marketplace need dictates and with mutually acceptable franchise
lan;ua;e that establishes a mechanism for discussions regardin~ the activation of the
return.
• A- 9. All existin~ head end equipment will be replaced with state-of-the-art standard
. frequency head end equipment.
• . A- 10. Basic Service channel mapping will no longer be utilized by the system, thereby
permitting all local VHF off-air broadcast signals to be located "on-channel" for all
customers and with no impact on the PEG channel location on Universal Service.
• A- 11. Standby power will continue to be in place for the head end.
• A- 12. The system will have the capability to receive and pass through all local broadcast
si~nals in digital format as required by applicable federal rules and re~ulations and in
compiiance with applicabie FCC mandated time tines.
• A- 13. The system will permit ail channels available to Meredith Cable in stereo to be
passed throu~h in stereo.
~ A- 14. Meredith Cable w711 commence application for licenses and pemuts related to
construction within 90 days afrer the commencement of the renewal period.
• A- 15. Meredith Cable will commence desian, walkout, etc. related to construction
within 90 days after commencement of the renewal period.
• A- 16. Meredith Cable proposes to enter into a franchise timetable to complete the
. project by Noverriber 30, 2000 a^d :.zll aggressively work to substantially complete
construction by November 30; 1999_ tSeredith Cable Nvill carefully map and report any
underground plant that may be abandoned. Stand alone abandoned aerial cable will be
removed.
2
EXHIBIT A - Continued
~ A- 17. Meredith Cable proposes that interconnection between commonly owned,
adjacent franchised systems in the Twin Cities marketplace can be accommodated by
making available one (1) 6 MHZ channel for forward video purposes, one (1) 6 MHZ
channel for return video purposes, one (1) 6 MHZ channel for forward data and /or other
purposes, and one (1) 6 MHZ channel for return data and/or other purposes. Actual
interconnection with other franchise areas will be subject to technical capability of those
systems and those franchise areas entering into similar renewal agreements containing
similar provisions.
• A- 18. Meredith Cable plans to have a 750 MHZ carrier inserted at a level l Odb below
the video carriers that will be measured as a normal procedure during service calls. The
drop cable and passives will be inspected during normal installations to assure that 750
MHZ can be passed. Should a drop or associated passive equipment not pass the full 750
MHZ, the address will be noted and at the time the address upgrades service that requires
signal above 550 MHZ, the drop and/or associated equipment will be changed out.
B. INSTITUTIONAL NETWORK
Meredith Cable proposes to meet the needs of institutions and users by upgradin~ the existin~
Institutional Network, including fiber capacity in the system to facilitate future Institutional
Network enhancements, and with mutually acceptable franchise langua~e relating to technical and
performance standards for the Institutional Network. This plan will offer flexibility and
alternatives to local governments, public school districts, private schools, hijher educational
institutions, libraries and the social service community for the delivery and exchange of video and
telecommunications services. Specifically, Meredith Cable proposes to make the following
franchise commitments:
• B- 1. Frequency spectrum (includina upstream and downstream); 5 - 450 MHZ.
• B- 2. Channel capacity of 54 channels (16 upstream and 38 downstream).
• B -3. 15 additional pilot generators.
• B- 4. Re-tunincly of 10 esistinQ pilot Qenerators.
• B- 5. Re-tunina of 124 existino, amplifiers.
a B -6. Provision of 20 additional modulators or de-modulators.
• B- 7_ Standby power with full batterv placement.
• B- S. Four (4) count shadow fiber placed along that part of the subscriber network that
parallels the Institutional Network.
~
EXHIBIT A - Continued
• B- 9. Meredith Cable will make the I-Net available to the designated institutions for
video uses at no charge.
• B- 10. Meredith Cable will make three (3) 6 MHz channels available downstream and
three (6) MHz channels available upstream, for non-video uses at no charge.
• B- 11. Meredith Cable will charge designated institutions for all non-video uses beyond
B- 10. mentioned above at a rate calculated based on the Company's actual cost plus a
45% margin or "most favored comparable user" rate, whichever is lower.
• B- 12. Nothing contained herein shall prevent Meredith Cable from using available
capacity for other uses except that desi;nated institutions shall have priority over other
uses subject to rules or policies adopted by Meredith Cable after consultation with the
Commission.
• B- 13. Use of the I-Net by the Cable Commission, cities or dele~ated institutions will be
iimited to their own uses and no institution may sell any service to any third party.
• B- 14. Meredith Cable will either allow designated institutions to purchase their own
ec{uipment or will lease end-user terminal equipment to requesting institutions.
• B- 15. Meredith Cable will provide and maintain I-Net equipment for the Commission,
member cities and designated institutions on a cost recovery basis.
C. PROGRAMMING
Upon completion and activation by territory, Meredith will pro~ram a minimum of 81 analog
video channels. While definitive programming agreements have not been entered into and, as
such, specific packaging, tierinc, and pricino, decisions cannot be made at this time, it is anticipated
that prices will be adjusted as authorized to reflect the additional programmina as well as project
and programming, costs. As examples, we preliminarily anticipate the followin~ new
programnung choices or similar services will be available:
• C- 1. Basic Service (or equivalent) - Initially, Meredith Cable anticipates a continuation
of current Basic Service offerinc, of 28 channeis without a realiQnment of channels wqthin
Universal Service. y
• C- 2. Preferred Tier Service (or equivalent) - Meredith Cable anticipates the addition
of 4 or 5 channels to this tier that currently consists of 29 channels. There will be a
corresponding rate adjustment. Preliminarily, and as examples, we anticipate the likely
addition of the following exciting new offerings or others as we may deem more
responsive to subscriber or marketplace needs and interests.:
4
EXHIBIT A - Continued
• The Golf Chlnnel- The Golf Channel is the premier network devoted to the
sport of golf providing more live golf coverage than all other networks combined.
Tournaments include coverage from the PGA Tour, Senior PGA Tour, riIKE
Tour, LPGA, Australian and PGA European Tour. Original live pro;ramming on
The Golf Channel includes a weekly live call-in show, Golf Talk Live, and a
nightly golf news show, Golf Central. The service also provides instructional
programs such as The Golf Channel Academy.
• The Clrtoon Network - Featuring the world's largest cartoon library, the
Cartoon Network features all-animated cartoon programming at any time of the
day or night. For cartoon lovers of all ages, this network offers 8,500 animated
programs from the Hanna-Barbara libraries including The Jetsons, The F(intstones
and many more.
~ Classic Sports Network - The first 24-hour, all sports television hall of fame,
featurin~ the world's lar;est library of rare and exclusive pro~rammin~ from
professional, amateur, college sports and the Olympic Games.
~ TV Food Channel - Helps cable television viewers learn new recipes and cookin~
techniques, `spice' up family meals, learn the latest in healthier cuisine and explore
fine restaurants nationwide. Hosts include world-class chefs, restaurateurs,
mothers who work outside the home and celebrities.
• Sneak Prevue - Sneak Prevue is the channel cable customers turn to 24 hours a
day, for the most up-to-date information on programming available for order on a
Pay-Per-View basis.. The service includes video clips of Pay-Per-View movies
and events along with complete orderinor information.
• C- 3. New Product Tier Service - Nleredith Cable anticipates the addition of 4 or 5
channels to a new, separately priced tier of sen•ice. Preliminarily, and as examples, we
anticipate the Iikely addition of the foIlowing excitin~ new offerin~s or others as we may
deem more responsive to subscriber or marketplace needs and interests.:
• Independent Film Channel - The first network dedicated to independent film,
showcasing feature-lencrth premieres, domestic and international films,
documentaries, shorts, animation, new works, and masters. All movies are shown
un-cut and without commercials, 24 hours a day.
• FX Movies - Twenty four hours per day; un-cut and commercial free, FX Movies
brinas the vast Fox film library to cable television.
• TV L1iid - America's favorite classic television shows are brought back to
5
EXHIBIT A - Continued
television. A companion station to Nick at Ni~ht, TV Land eYpands into all areas
of classic television, comedies, dramas, variety shows, and even classic
commercials.
• Turner Classic Movies - The world's greatest collection of classic movies 24
hour,s a day, with no commercial interruptions.
• CNN SI - The 24 hour sports news network from CNN and Sports Illustrated.
Seven days a week CNN SI is a 24 hour network offerino, coverage of sports news
unlike any other service. CiNN SI utilizes the news aatherinc, resources of CNN
and in-depth reporting expertise of Sports Illustrated and provides sports viewers
the most complete on-demand coverage available anywhere.
• C- 4. Premium Services - Meredith Cable will ad several new optional premium service
selections. Preliminarily, and as examples, we anticipate the likely addition of the
followin~ new premium offerin~s or others as we may deem more responsive to subscriber
or marketplace needs and interests:
~ HBO 3- With NIultichannel; HBO featuring HBO 2 and HBO 3, you always have
three HBO programs to choose from. A Hollywood hit, maybe an HBO Ori;inal
that everyone's talking about or something li;ht like HBO Comedy Hour. The
choice..and convenience...is yours!
• HBO Family - HBO Family is a new HBO channel designed especially for a
. family to watch together. With HBO Family's daily programming blocks, HBO
Kids Block, the HBO Family Feature Block and Grown Ups Block, you always
l:now just what kind of programs are on any time. Your family will love our
family!
~ Showtime 3- VVith Nlultichannel Show~time featurinc, Showtime 2 and Show-time 3
you'll see the bic-est Holl,vwood hits, excitina Showtime Oriainal Pictures,
featurinor the hottest stars and stories - sexy thrillers, sci-fi, ~,Tational Lampoon
comedy and high profile dramas. Multichannel convenience means you'll always
find the program to match your mood!
• C- 5. Pav-Per-View Services - NTeredith Cable will offer more optional pay-per-view
service selections. Preliminarily, and as eYamples, we anticipate the likely addition of the
followiner three new pay-per-view services or others as we may deem more responsive to
subscriber marketplace needs and interests:
• Viewer's Choice 3- featuring "movie- of-the- day" schedules allowing customers
to see the bigaest hits as soon as they become available.
6
. .
EXHIBIT A - Continued
• Viewer's Choice 4- similar to Viewer's Choice 3 but featuring yet another movie
option.
• Viewer's Choice 5- similar to above featurin; yet another movie option.
• C- 6. Interactive Services - Meredith Cable's plan contemplates the capability of
offerin; interactive services upon completion of the project and a reasonable expectation
of consumer acceptance and financial viability. While various services are currently
developing, Meredith Cable is considering, among other services, a digital music service
and interactive program guide. No decisions have been made regardinc, particular
services, pricing or launch dates.
• C- 7. Diaitat Services - Meredith Cab(e anticipates that additional premium service
options, pay-per-view offerings and other new services includincr future dicrital services
will be offered over time utilizing the appropriate bandwidth.
D HIGH SPEED DATA TRANSMISSION
In addition to traditional video services, the cable system will position Meredith Cable to offer
new and yet-to-be-developed non-video services.
• D- 1. The subscriber network will have adequate capability to enable the provision of
hi~h speed data service such as Internet access as marketplace need dictates.
• D- 2. Meredith Cable's system will be ab]e to address opportunities to meet the non-
video interests of the business community by including fiber capacity through business
. conidors identified durina the construction walkout in order to explore hiorh speed data
services demand by business users.
E COMA'IITMENT TO ACCESS PROGRAMMiYG
Meredith Cable proposes to meet and exceed the a~reements reDardin~ access support which
were entered into with the North Suburban Cable Communications Commission in the November
3, 1994 Memorandum of LTnderstandincr. Specifically Meredith Cable proposes the following
support for local access proQramming:
• E- 1. Nleredith Cable aorrees to maintain the number of access channels (12) as currently
exist and accept the concept of having the current channel loan aareements extended for
the nfreen (1-5) year renewal term and that the Commission will retain control over the
entire 6'TNIIHZ spectrum that equals one channel..
• E- 2. Meredith Cable aarees that the Commission can, on its own, change the name of
required PEG channels, provided that Meredith is indemnified from any claims as a result
7
EXHIBIT A - Continued
of such action by the Commission.
• E- 3. Meredith Cable proposes that the PEG support components of the Memorandum of
Understanding remain intact. Rather than the PEG support fee set forth in the May 13,
1997 original proposal, Meredith proposes a PEG fee based on the following: a new
commitment to provide the Commission a total of $667,286 for the franchise term for
acquisition of new equipment as follows and to be assessed as part of the PEG Fee; the
$50,000 Equipment Replacement Grant, per the MOU; the appropriate amount for the
Operating Grant, per the MOU; the appropriate amount for Universal Service, per the
MOU; and the appropriate amount for the Scholarship Grant (which may be used for other
purposes at the Commission's discretion), per the MOU:
New Equipment Acquisition Grants
Year Amount
1 $ 40,000
2 $ 40,600
; $ 41,209
4 $ 41, 827
5 $ 42,455
6 S43,091
7 S 43,738
8 $ 44,394
9 S45,060
10 S45,736
11 S46,422
12 S 47,118
13 S47,825
14 S48,542
15 S49,270
E- 4. Should Meredith Cable request the relocation of the CTV studio, imeredith agrees
that the current aareements governing CTV relocation will remain intact. Meredith does
not waive any riahts it may have with respect to the ability to recover any such costs
should a move occur.
8
EXHIBIT B
North Suburban Area Institutional Connections
~ity of Arden Hills
Inst. Name Street Address City Phone I-Net Sub
Arden Hills City Hall 4364 W. Round Lk. Rd. (Temp.) Arden Hills 636-5676 X X
Arden Hills Public Works 1460 W. Hwy. 96 Arden Hills 636-5676 Y X
Util.- Booster 1230Red Fox Road Arden Hills Y
Util.- Lift #1 3196 North Cleveland Arden Hills Y
Util.- Lift #10 3804 North Cleveland Arden Hills Y
Util.- Lift #11 1901 Highway 96 Arden Hills Y
Util.- Lift #12 1965 Thom Drive Arden Hills Y
Util.- Lift #13 1123 Karth Lake Drive Arden Hills Y
Util.- Lift #14 Hwy 96, (MN Nat. Guard) Arden Hills Y
Util.- Lift #2 1850 Co. Rd. E2 Arden Hills Y
Jtil.- Lift #3 1578 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #4 3484 Ridgewood Road Arden Hiils Y
Util.- Lift #5 3495 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #6 3328 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #7 3230 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #8 1335 Ingerson Road Arden Hills Y
Util.- Lift #9 3168 Ridgewood Road Arden Hills Y
Util.- Roseville Station Y
City of Falcon Heights
Inst. Name Street Address City Phone I-Net Sub
Falcon Heights City Hall 2077 W. Larpenteur Ave. Falcon Heights 644-5050 X X
Falcon Heights Community Bldg. 2050 W. Roselawn Ave. Falcon Heights 645-2712 N Y
Falcon Heights Fire Station 2077 W. Larpenteur Ave. Falcon Heights 644-5575 X X
Ciry of Lauderdale
tnst. Name Street Address City Phone I-Net Sub
Lauderdale City Hall F1891 Walnut St. Lauderdale 631-0300 X X
• ' EXHIBIT B - Contiriued
Nor.th Suburban Area lnstitutional Connections Page 2
Inst. Name Street Address City Phone I-Net Sub
;ity of Little Canada
Inst. Name Street Address City Phone I-Net Sub
City Garage 3100 Country Drive Little Canada Y Y
Ice Rink 430 Littfe Canada Road Littie Canada Y
Ice Rink 100 E. Demont Little Canada Y
Little Canada City Hall 515 E. Little Canada Rd. Little Canada 484-2177 X X
Little Canada Fire Station 325 Little Canada Rd. Little Canada 871-5503 X X
Old Little Canada Fire Station 440 E. Little Canada Rd. Little Canada 871-5503 X X
Shelter 350 Eli Road Little Canada Y
Shelter 2950 Centerville Little Canada Y
Util.- Booster Station 141 Co. Rd. B Little Canada Y
Util.- Lift Station 672 Co. Rd. B Little Canada Y
Util.- Lift Station 2537 Keller Parkway Little Canada Y
Util.- Lift Station 99 Co Rd. B Little Canada Y
Util.- Lift Station 2458 Dianna Lane Little Canada Y
Util.- Lift Station 2707 Jessica Court Little Canada Y
Util.- Lift Station 1002 Co. Rd. D Little Canada Y
Util.- Lift Station 216 Co. Rd. B-2 E. Little Canada Y
Util.- Water Meter Station 5 Roselawn Little Canada Y
Util.- Water Tower 517 Little Canada Road Little Canada iryTi
City of Mounds View Inst. Name Street Address City Phone I-Net Sub
Bridges Golf Course 2850 82nd Lane NE Blaine Y~ Y
Mounds View City Hall 2401 Hwy. 10 Mounds View 784-3055 X X
Mounds View Community Center 5394 Edgewood Dr. Mounds View Y Y
Mounds View Fire Station Hwy. 10 Mounds View X Y
Mounds View Maintenance Gar. 2466 NE Bronson Dr. Mounds View 784-3114 Y x
Util.- Booster Station (Reservoir) 2450 Bronson Drive Mounds View iy
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 3
Inst. Name Street Address City Phone I-Net Sub
Util.- Lift Station #1 5396 Raymond Ave. Mounds View Y
Util.- Lift Station #2 8251 Groveland Road Mounds View Y
Util.- Well #1 2401 Highway 10 Mounds View Y
Util.- Wel( #2 2524 Bronson Drive Mounds View Y
Util.- Well #3 2426 Bronson Drive Mounds View Y
Util.- Well #4 2408 Hillview Drive Mounds View Y
Util.- Well #5 5100 Long Lake Road Mounds View Y
Util.- Well #6 7545 Groveland Road Mounds View Y
City of New Brighton
Inst. Name Street Address City Phone I-Net Sub
Brightwood Hills Golf Course 1975 NW Silver Lake Rd. New Brighton 638-2150 X X
New Brighton City Hall 803 NW 5th Ave. New Brighton 638-2100 X X
New Brighton Fire Station 785 NW 5th Ave. New Brighton 633-2727 X x
New Brighton Maintenance Bldg. 700 NW 5th Ave. New Brighton Y X
New BrightonFamily Service Cntr. 400 NW 10th St. New Brighton 638-2130 X X
Util.- Lift Station 1(under const.) To Be Assigned New Brighton Y
Util.- Lift Station 2 531 5th Avenue NW New Brighton Y
Util.- Lift Station 3 515 3rd Avenue NW New Brighton Y
Util.- Lift Station 7 650 Cleveland Ave. New Brighton Y
Util.- Lift Station 8 24 New Brighton Road New Brighton Y
Util.- PGAC Water Treatment Plant 3001 5th Street NW New Brighton Y
Util.- Well 10 & Iron Removal Plant 660 5th Street SW New Brighton Y
Util.- Well 11 & Iron Removal Plant 1375 7th Street NW New Brighton Y
Util.- Well 12 & Iron Removal Plant 2400 Mississippi St. ew Brig-hton Y
Util.- Well 13 & Water Treatment 680 5th Street NW New Brighton Y
Util.- Well 14 1377 7th Street NW New Brighton Y
Util.- Well 15 590 20th Street NW New Brighton Y
• ` EXHIBIT B - Continued
North Suburbon Area Institutional Connections Page 4
Inst. Name Street Address City Phone I-Net Sub
Itil.- Well 8 600 Silver Lake Road New Brighton Y .
Util.- Wells 3& 4 700 Silver Lake Road New Brighton Y
Util.- Wells 5& 6 3001 5th Street NW New Brighton Y
Util.- Wells 9 2745 5th Street NW New Brighton Y
City of North Oaks
Inst. Name Street Address City Phone I-Net Sub
North Oaks City Hall 100 Village Center Dr. North Oaks 484-5777 X X
North Oaks Recreation Center 4 Mink Lane North Oaks X X
City of Roseville
Inst. Name Street Address City Phone I-Net Sub
John Rose Minnesota OVAL 2661 Civic Center Dr. Roseville 415-2164 X Y
Roseville Activity Center 2800 Arona St. Roseville 415-2100 X X
Roseville Cedarholm Golf Course 2323 N. Hamline Ave Roseville 633-5817 X Y
Roseville Central Park-Bandshell Lexington Ave. -(FH Inet) Roseville X N
Roseville City Hall 2660 Civic Center Dr. Roseville 490-2200 X X
Roseville Fire Station 1 2701 N. Lexington Ave. Roseville 490-2306 X x
Roseville Fire Station 2 2501 N. Fairview Ave. Roseville 636-6763 X X
Roseville Fire Station 3 2335 N. Dale St. Roseville 484-5297 X X
Roseville Gymnastics Cntr. 1240 Co. Rd. B-2 Roseville 415-2190 Y Y
Roseville Harriet Alexander Nature 2520 N. Dale St. Roseville 415-2161 X X
Roseville Ice Arena 2661 Civic Center Dr. Roseville 415-2164 X X
Roseville License Bureau 2701 Lexington Ave. Roseville 490-2294 X X
Rosevi(le Maintenance Building 2660 Civic Center Dr. Roseville 490-2310 Y X
Util.- Booster Station 706 Shryer Ave. Rosevilfe Y
Util.- Elevated Tank 2501 N. Fairview Ave. Roseville Y
'til.- Lift Station 635 S. Owasso Blvd Roseville Y
Util.- Lift Station 2980 Galtier Street Roseville Y
Util.- Lift Station 1610 Co. Rd. C-2 Roseville Y
• ' EXHIIBIT B - Continued
North Suburban Area Institutional Connections Page 5
Inst. Name Street Address City Phone I-Net Sub
Jtil.- Lift Station 3033 Cleveland Ave. Roseville Y
Util.- Lift Station 435 Wagner Street Roseville Y
Util.- Lift Station 2013 Cohansey Blvd. Roseville Y
Util.- Lift Station 1680 Fernwood Ave. Roseville Y
Util.- Lift Station 3050 Lexington Ave. Roseville Y
Util.- Lift Station 1216 Josephine Road Roseville Y
Util.- Lift Station 3050 Long Lake Road Roseville Y
Util.- Lift Station 1953 Fulham Street Roseville Y
Util.- Lift Station 2050 Walnut Street Roseville Y
Util.- Lift Station 201 Center Street Roseville Y
Util.- Storm Water Pumping Station 2535 N. Victoria St. Roseville Y
Util.- Storm Water Pumping Station 1658 Millwood Ave. Roseville Y
Jtil.- Storm Water Pumping Station 591 Owasso Hills Drive Roseville Y
Util.- Storm Water Pumping Station 2340 St. Croix Street Roseville Y
Util.- Storm Water Pumping Station 1999 Fulham Street Roseville Y
City of Shoreview
Inst. Name Street Address City Phone I-Net Sub
Shoreview City Hall /Community 4600N. Victoria St. Shoreview 490-4600 X X
Shoreview Maintenance Bldg. 4665 N. Victoria St. Shoreview 490-4650 Y Y
Util.- Booster Station 855 Highway 96 Shoreview Y
Util.- Lift Station 4468 Chatsworth Shoreview Y
Util.- Lift Station 3580 Cohansey Shoreview Y
Util.- Lift Station 425 Gramsie Road Shoreview Y
Util.- Lift Station 875 Gramsie Road Shoreview Y
Util.- Lift Station 636 Highway 96 Shoreview Y
Util.- Lift Station 1088 Lake Beach Drive Shoreview Y
Util.- Lift Station 3366 Lexington Ave. Shoreview Y
• ' EXHIBIT B - Continved
North Suburban Area Institutional Connections Page 6
Inst. Name Street Address City Phone I-Net Sub
Util.- Lift Statio.n 4680 Lexington Ave. Shoreview Y
Util.- Lift Station 915 Oak Ridge Shoreview Y
Util.- Lift Station 3194 West Owasso Blvd. Shoreview Y
Util.- Lift Station 3212-1/2 W. Owasso Blvd. Shoreview Y
Util.- Lift Station 4338 Reiland Lane Shoreview Y
Util.- Lift Station 4465 Rice Street Shoreview Y
Util.- Lift Station 699 Schifsky Road Shoreview Y
Util.- Lift Station 700 Schifsky Road Shoreview Y
Util.- Lift Station 4307 Snail Lake Blvd. Shoreview Y
Util.- Lift Station 4412 Snail Lake Blvd. Shoreview Y
Util.- Lift Station 512 Suzanne Ave. Shoreview Y
Util.- Lift Station 5024 Turtle Lane East Shoreview Y
Util.- Lift Station 3121 Woodbridge Shoreview Y
Util.- Sucker Lake Pump 50 Highway 96 W. Shoreview Y
Util.- Water Tower 745 County Road E Shoreview Y
Util.- Water Tower 5880 Lexington Avenue Shoreview Y
Util.- Well 785 Highway 96 Shoreview Y
Util.- Well 883 Highway 96 Shoreview Y
Util.- Well 4965 Hodgson Road Shoreview Y
Util.- Well 902 Monterey Shoreview Y
Util.- Well 750 Mound Avenue Shoreview Y
Util.- Well 4675 Victoria Street Shoreview Y
City of St. Anthony
Inst. Name Street Address City Phone I-Net Sub
SAV Liquor Store #1 2900 Pentagon Drive St. Anthony Y
SAV Liquor Warehouse #2 3900 Silver Lake Road St. Anthony Y
St. Anthony City Hall 3301 Silver Lake Rd. St. Anthony 789-8881 X X
• - EXHIBIT B - Continued
North Suburban Area ?nstitutional Connections Page 7
Inst. Name Street Address City Phone I-Net Sub
St. Anthony Fire Station 2900 Kenzie Terrace St. Anthony 788-1434 X X
St. Anthony Public Works 3801 Chandler Dr. St. Anthony X X
Util.- Foss Road Lift 3829 Foss Road St. Anthony Y
Util.- Harding Lift 2700 37th Ave St. Anthony Y
Util.- Water Filtration Piant 3807 Silver Lake Road St. Anthony Y
Util.- Well #5 2920 Silver Lake Road St. Anthony Y
CN
Inst. Name Street Address City Phone I-Net Sub
Canadian Days Parade-drop Little Canada Rd Little Canada X
CTV Irondale studio 2425 Long Lake Rd. New Brighton 783-9334 X X
CTV Van 1 2425 Long Lake Rd. New Brighton 783-9334 X
CTV Van 2 950 Woodhill Dr. Roseville 481-9554 X
Lake Owasso Beach - drop N Owasso Bvd. Shoreview X
LC Spooner Park- drop Eli Rd. Little Canada X
NB Parade - drop New Brighton X
RAHS Parking Lot (on B2)- drop Roseville X
Rosefest parade - dropl Lexington Ave. Roseville X
Rosefest parade - drop2 Lexington Ave. Roseville X
Rosetown Legion field-drop W. Co. Rd. C. Little Canada x
Dist 282 - SA/NB Schools
Inst. Name Street Address City Phone I-Net Sub
ISD 282 District Office SA/NB 3303 33rd Ave. NE St. Anthony 706-1000 X X
St. Anthony High Schoo( 3303 33rd Ave. NE St. Anthony 706-1100 X X
St. Anthony Middle School 3303 33rd Ave. NE St. Anthony 706-1200 X X
Wilshire Park Elementary 3600 NE Highcrest Rd. St. Anthony 706-1030 X X
Dist 621 - Mounds View
Inst. Name Street Address City Phone I-Net Sub
1 Area Learning Center 4182 N. Lexington Ave. Shoreview 482-8203 N X
• ' EXHIBIT B - Continued North Suburban Area Institutional Connections Page s
Inst. Name Street Address City Phone I-Net Sub
Bel Air Elementary School 1800 NW 5th St. New Brighton 633-3521 X. X
Chippewa Middle Schooi 5000 Hodgson Rd. North Oaks 483-6635 X X
Edgewood Middle School 5100 N. Edgewood Dr. Mounds View 784-2010 X X
Highview Middle Schoof 2300 NW 7th St. New Brighton 633-8144 X X
Irondale High School 2425 Long Lake Rd. New Brighton 786-5200 X X
ISD 621 District Service Center 2959 Hamline Ave. Roseville 636-3650 X X
Island Lake Elementary 3555 N. Victoria St. Shoreview 484-5553 X X
Mounds View High School 1900 W. Co. Rd. F Arden Hills 633-4031 X X
Oak Grove High School 5100 Hodgson Rd. North Oaks 484-2057 X X
Pike Lake Elementary 2101 NW 14th St. New Brighton 633-7711 X X
Pinewood Elementary 5500 Quincy St. Mounds View 784-4006 X X
Ralph Reeder Center 500 NW 10th St. New Brighton 636-1910 X X
Snail Lake Elementary 4550 Hodgson Rd. Shoreview 483-6725 X X
Sunnyside Elementary 2070 W. Co. Rd. H New Brighton 784-5226 X X
Turtle Lake Elementary 1141 W. Co. Rd. I Shoreview 484-2150 X X
Valentine Hills Elementary 1770 W. Co. Rd. E2 Arden Hills 631-0737 X X
Dist 623 - Roseville Area
Inst. Name Street Address City Phone I-Net Sub
Brimhall Elementary 1744 W. Co. Rd. B Roseville 638-1958 X X
Central Park Elementary 535 W. Co. Rd. B2 Roseville 481-9951 X X
Edgerton Elementary School 1929 Edgerton Street Maplewood 772-2565 X X
Emmet D Willams Elem 955 W. Co. Rd. D Shoreview 482-8624 X X
Fairview Community Center 1910 W. Co. Rd. B Roseville 631-1013 X X
Falcon Heights Elementary 1393 W. Garden Av. Falcon Heights 646-0021 X X
ISD 623 District Center 1251 W. Co. Rd. B2 Roseville 635-1600 X X
Little Canada Elementary 400 Eli Rd. Little Canada 490-1353 X X
Parkview Center School 701 W. Co. Rd. B Roseville 487-4360 X X
9XHIBIT B - Continued
North Subur6an Area Institutional Connections Page 9
Inst. Name Street Address City Phone I-Net Sub
Roseville Area High School 1261 Hwy. 36 Roseville 635-1660 X X
Roseville Area Middle Sch 15 E. Co. Rd. 62 Little Canada 482-5280 X x
Guard/Reserves
Inst. Name Street Address City Phone 1-Net Sub
Army Reserve Training Cntr. Lexington & Hwy. 96 Arden Hills Y Y
National Guard Armory 211 N. McCarrons Lake Roseville 296-4140 X X
Hennepin County
Inst. Name Street Address City Phone I-Net Sub
St. Anthony Public Library F2900 NE Pentagon Dr. Tst. Anthony 781-1900 X X
Higher Education
Inst. Name Street Address City Phone I-Net Sub
Bethel College 3900 Bethel Dr. Arden Hills 638-6180 X X
Capital View (Dist. 916) 70 W. Co. Rd. B2 Little Canada 415-5413 x X
Northwestern Col- FB field 3003 Snelling Ave. N. Roseville 631-5100 X X
Northwestern Col- Gym/BB 3003 Snelling Ave. N. Roseville 631-5267 X X
Northwestern College-Studio 3003 Snelling Ave. N. Roseville 631-5312 X X
U of M- Earl Brown Center 1890 Buford Ave. Falcon Heights 624-2777 X
United Theo. Seminary 3000 NW 5th St. New Brighton 633-4311 Y Y
ISP
lnst. Name Street Address City Phone I-Net Sub
Risdahl-Linahan Agency 2475 NW 15th St. New Brighton 631-1098 X
T.I.E.S. 1925 W. Co. Rd. B2 Roseville 638-2339 X
Lake Johanna Fire Dept.
Inst. Name Street Address City Phone 1-Net Sub
Lake Johanna Fire Station 1 2346 New Brighton Rd. Arden Hills 633-0349 Y X
Lake Johanna Fire Station 2 4676 Hodgson Rd. Shoreview 484-3444 Y Y
Lake Johanna Fire Station 3 1140 W. Co. Rd. I Shoreview 481-7025 Y X
Lake Johanna Fire Station 4 3615 N. Victory St. Shoreview 483-0767 X X
J ' EXHIBIT B - Continued
North Suburban Area lnstitutional Connections Page to
lnst. Name Street Address City Phone I-Net Sub
lon-Profit lnst. Name Street Address City Phone I-Net Sub
Northwest Youth & Family Services 3490 Lexington Ave. Shoreview 1486-3808 Y Y
Private Schools
lnst. Name Street Address City Phone I-Net Sub
Concordia Academy 2400 N. Dale St. Roseville 484-8429 X X
Corpus Christi School 2131 N. Fairview Ave. Rosevifle 639-8888 X
King of Kings School 2330 N. Dale St. Roseville 484-9206 X X
North Side Christian School 7901 Red Oak Drive Moundsview 786-8632 X
St. Charles Barromeo 2727 NE Stinson Bvd. St. Anthony 781-2643 X
St. Christopher's Ep. 2300 N. Hamline Ave. Roseville 633-4589 X
St. John the Baptist School 845 NW 2nd Ave. New Brighton 633-1522 X X
St. John the Evangelist 2621 McMenemy St. Little Canada 484-2708 X x
St. Odilia Schoo! 3495 N. Victory St. Shoreview 484-3364 X
St. Rose of Lima 2072 N. Hamline Ave. Roseville 645-9389 X X
Ramsey County
lnst. Name Street Address City Phone !-Net Sub
Island Lake Golf Center Grey Fox Rd. Shoreview Y Y
Lake Owasso Residence 210 N. Owasso Bvd. Shoreview 484-2234 Y Y
Ramsey Co. Library - Arden Hills 1941 W. Co. Rd. E2 Arden Hills 636-1790 X X
Ramsey Co. Library - Mounds View 2576 Hwy. 10 Mounds View 784-8829 Y X
Ramsey Co. Library - Roseville 2180 N. Hamline Ave. Roseville 631-0494 x X
Ramsey Co. Library - Shoreview 4570 N. Victoria St. Shoreview 486-2210 X X
Ramsey Co. Public Works Bldg. 3377 N. Rice St. Shoreview 484-9104 Y X
Ramsey Co. Sheriff Patro( Station 655 W. Co. Rd. E Shoreview 481-1300 Y Y
Ramsey Co. Women's Detention Kent & Larpenteur Y Y
Shoreview Ice Arena 877 W. Hwy. 96 Shoreview 484-2400 Y Y
EXHIBIT C
Descri,ption of Work Time Frame
Engineering Walkout 0-6 months
Engineering Design 2-8 months
Commerce Permitting Day 75
Fiber Optic Cable and Node Installation 11-16 months
Amplifier Replacement 12-24 months
Passive Equipment Replacement 18-36 months
5ystem Balancing and Proof-of-Performance 36 months
Activation in Phases; Completion By November 30, 2000
EXHIBIT D -
NORTH SLTBLT7tRAN I-NET PERFORMANCE STANDARDS
Upon completion of the I-Net upgrade:
I. Video Transmission
A. Video transmission will comply with the following performance :
standards:
1. Carrier to noise ratio = 45dB or better
2. Carrier to composite triple beat = 53dB or better
3. Carrier to compasite second order = 55 dB or better
4. Carrier to cross modulation = 55 dB or better
5. System signal level variations (peak to valley) = n= 10 + 2 or better
for all coaxial cable portions of the I-Net (where N= the number of
amplifiers in cascade).
B. Testi.ng will occur twice yearly following the timing established in CFR
76.601 and 76.605. '
1. From the institution to the longest subscriber cascade.
2. From the institution through the applicable headend/ hub site
returning back to the same institution.
3. Performed using existing I-Net carriers active at the time of the
testing, which will subject them to service interuptions.
4. Completed at Company-designated entry demarcation point at the
institution.
5. The system will meet calcalated worst case fully loaded video and
audio measurements, taking into consideration ezisting I-Net data
loading at the time the measurement is taken.
6. Under ordinary operating conditions.
2. Digital Transmission
A. For I-Net that is 50% or more coaucial cable, a Bit Error Rate of 1 x 10(-8) at
the demarcation point.
1. Outage times not included
2. Ordinary operating conditions
B. For I-Net that is 50% or more fiber optic cable, a Bit ErrorRate of 1 x 10(-
9) at the demarcation point.
1. Outage times not incIuded
2. Ordinary operating conditions
C. For both coaidal and frber network, the company will meet or exceed a
reliability factor of 99.965% on an annual basis.
D. Testing will occur twice yearly, during the months of January/February and
July/August.
EXHIBIT D - Continued
3. Repair and Maintenance
A. Company will provide a repair force of technicians capable of responding
properly to all requests for service by I-Net Users and available on a 7 X 24
X 365 basis.
B. Under normaI operating conditions, the initial page to the technician on call
will be within a 10 minute time frame. Barring situations that are outside
the control of the Company (i.e., physical damage to the network caused by
third pardes not under the control of the cable company, weather related
restrictions, etc.), the company will continue to work on a service problem
until it is resolved and complete its resolution of such problem within eight
(8) hours, if resolution of such problem is within control of company.
C. Fiber may be incorporated, where necessary, to reduce amplifier cascades to
meet performance standards. Where possible, fiber nodes may be located
within the building or facility of the I-Net user.
D. I-Net Users wilI be notified at least seven days in advance of any scheduled
maintenance that will interrapt service on the I-Net, unless I:Net Users
agree to waive such time frame. Where possible, such maintenance will be
scheduled at times of low usage.