Ord. #73 - Cable Franchise - Laserfiche WebLink

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The parties agree that any costs to the Grantee and payments from the Grantee associated with the provision of support for PEG access, the DFOI or the Institutional Network pursuant to Sections 6 and 7 of this Franchise and the terms and conditions of the MOU do not constitute and are not part of a franchise fee and fall within one or more of the exceptions to 47 U.S.C. § 542. SECTION 7. INSTITUTIONAL NETWORK (I -NET) PROVISIONS AND RELATED CONEMT1 NIENTS 7.1. Institutional Network Facilities and Capacity. 7.1.1 Within the timeframe specified for the subscriber network upgrade in subsection 4.2 herein, the Grantee shall, at no cost to the City, the Commission or any institution, upgrade, construct and activate an Institutional Network which consists of the following facilities: (i) a minimum of three (3) bi-directional fiber optic lines to each of a minimum of nine (9) Nodes dedicated solely to the I -Net; and (ii) bi-directional coaxial cable links between all the sites listed in Exhibit A (the "ITC I -Net Sites"), which exhibit is made apart hereof, and the nearest I -Net Node. In addition, the Grantee shall, without charge to the City, the Commission, or I -Net Users, ensure that the existing I -Net is fully functional and in good working order within sixty (60) days of the Effective Date of this Franchise. As part of the foregoing requirement, the existing I -Net shall be capable of providing all existing services to all locations and institutions connected to the existing I -Net within sixty (60) days of the Effective Date. The upgraded Institutional Network shall have the capability to transmit any and all signals between the sites listed in Exhibit A. The institutions listed in Exhibit A ("I -Net Users") may not sell or resell services or capacity to any third party. However, I -Net Users may provide services to themselves, including those which the Grantee otherwise sells to others (for example, an institution may provide Internet service to itself or to other institutions that the Grantee sells to others). The limitations of this paragraph shall not prevent the City or the Commission from subleasing, bartering, selling, reselling or giving away capacity on the Institutional Network to any other public or nonprofit entity for Noncommercial purposes that do not directly compete with any products or services offered by the Grantee. Failure to timely complete construction of the I -Net upgrade shall be a violation of this Franchise. 7.1.2 All I -Net Nodes shall be connected via a minimum of three (3) bi-directional fiber optic lines to the hub serving the North Metro Franchise Area. The hub shall act as signal aggregation and turn -around points for I -Net signals within the North Metro Franchise Area. Such hub may also act as the main point of interconnection to the Grantee's regional fiber infrastructure for purposes of connecting to other institutional networks facilitated by the Grantee within the Minneapolis/St. Paul metropolitan area. The Grantee shall provide space for all necessary I -Net equipment at the pertinent hub, free of charge, and shall provide appropriate I -Net Users with access to I -Net equipment at the hub, immediately 36