HomeMy Public PortalAboutOrd. 1134
ORDIN?~1`+CE NG. _71 "t~
Ali GhDINP.NCE granting a franc'r,ise to California
GablesystemS, Inc., lt5 sUCCeSSOrS, anG aSS1Q P.S t0 USE? the Streets
and public ways within the City of Lynwooc for 'the operation of a
cable television s_tstem for fifteen years under certain terms and
conditions and fixing an effective date; and to otherwise ^rovide
with respect thereto.
iiiE CITY CGi~~i;;CIL GF TEE CITY CF LY'~G:~CGG LGES G:.DAIi~ nS
FCLLOwS:
SECT'IGP+ 1. TITLE
This Crdinance shall be kn.cwn and may be cited as the
"City of Lynwood California Cablesystems, Znc., Cable
Television Franchise Ordinance".
SECTICCd 2 INTENT
The City Cuur.cil of the City of Lynwood hereby finds,
determines and declares:
(a) The City Council preciously enacted Crdinance No.
110fi, which authorized the City to grant one or more
non-exclusive, revocable franchises to operate, construct,
maintain and reconstruct a cable television systes~',aitP,in
the City; and
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(b) The City, along with six other cities in the
regicn, sought and received applications for a regional cr
local cable television system; and
{c) After cue evaluation of the applications by the
Council, its staff and ccnsultar.t, and after the receipt of
public input at meetings of the Council, the City has
determined that it is in the best interest of the City and
its residents to grant a non-exclusive, revocable Franchise
to California Cablesystems, Inc.; and
{d) The award of this Franchise is made on the basis
of the folloe~ing criteria revie~red during the evaluation
prccess:
(1) The euality of service; and
(2) The subscr±ber rates; and
(3) Fotential incorr.e to the City; and
(4) Experience of the applicant; and
(5) Financial responsibility of the applicant.
(e) Subsequent to the decision to jointly request
proposals for a regional cable television syste;a, the City
of Lynwood has determined to award its own franchise at.
this time; and
(f) the decision of the City of Lynwood to award an
individual franchise as well as the decision of one of
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the original group of cities to witr,draw from further
participation on a joint basis, made it necessary to
require the Grantee to r:odify its proposal to support local
programming „eels; ar.d
{g) The modification to the support for local
programming needs will allow for annual re-assessment cf
needs by a local, non-profit corporation, which will i,ave
the authority to determine the level of grants to local
groups for access and other purposes as well as the
authority to contract with Grantee or ethers for technical
assistance and equicment.
SLC'I'IGty' 3. GFANT CF F'FiP.IyCHZSE
3.1 Grant. California Cablesystems, Inc., a corporation
with its principal place of business at 1E052 Beach
Boulevard, hunting ton Beach, California 92647, hereinafter
called the Grantee, is hereby granted for itself, its
successors and assigns, subject to the terms and conditions
of this Grdinance, the Franchise, authority, right, and
privilege-, for a fifteen-year period fro.,. and after the
effective date hereof, to construct, operate, maintain and
reconstruct a cable television system within the streets
and public ways within the City of Lynwood.
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Grantor ag_^ees that the tra;sfer of the Franchise to
another subsidiary cortrolied by U.S. Cablesystems, Inc.
resulting from the corporate reorganization of U.S.
Cablesystems, Inc. pursuant _.o the acquisition of U9
Columbia, Inc., shall not require Grantor's prior approval.
3.2 Right of Grantor to Issue Franchise. Grantee by its
acceptance of the Franchise shat acknowledge and accept
the right of Grantor to issue a Franchise and shall agree
that it shall not now or at any time hereafter challenge
this right in any way or in any City, State or Federal
court.
3.3 Effecti~ae Date of Franchise. The effective date of
the Franchise shall be October 15, 1981.
3.4 Duration. The term of the Franchise shall be fifteen
(15) years commencing on October 15, 1981, and ending on
October 14, 1996. On such date the Franchise shall be of
no force and effect unless previously extended cr renewed
in accordance with the provisions of Section 14 i:ereof.
3.5 Franchise blot Frclusive. Thi s Franchise s.iall not be
construed as any limite.tion upon the right of the Grantor,
through its proper officers, to Brant to other persons or
corporations rights, privileges, or authority similar to or
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different from the richts, privileges, ar,d autt;ority herein
set forth, in the same or other streets and public ways or
public places by franchise, perr.:it, or otherwise, provided,
however, that such additional grants shall not operate to
materially modify, revoke or terminate any rights granted
to Grantee herein.
(a) If within one year after the effective date of
this Ordinance, Grantee is awarded a final, binding
cable television franchise by any municipality ir. the
counties of Los Angeles, San Eernardino, Grange,
Fiverside, San Diego, or Imperial, the terms and
conditions of which Grantor deems would be more
beneficial to it, Grantor may elect to negotiate with
Grantee to obtain such terms ar.d conditions, provided,
however, that such negotiations shall take into
account all relevant facts and circumstances,
including but not lir~itep to the tect:nical and
economic feasibility of such terms and conditions and
tY,e rates and charges for services. if Grantor elects
to enter into such negotiations, Grantee shall not be
penalized for ary delays ir, its completion of
construction due to the pendency of the negotiations.
3.6 Franchise Accectance. The Grantee and its parent
Corporation shall, within sixty (6 G) days after passage of
this Ordinance, file in the office of the City Clerk a
written acceptance of this Grdir,ance executed by Grantee
and its Farent Corporation, in a form approved by the City
Attorney. Zhe Farent Corporation, by executing and filing
the Acceptance, guarantee=_ performance by Grantee of all
Grantee's obligations hereunder and agrees to perform those
obligations on Grantee's behalf, if so ordered by Grantor,
in the event Grantee for any reason which is within its
control or reasonably foreseeable fails to perform them.
Failure of Grantee and its Farent Corporation to
accept the Franchise as provided herein shall cause the
Franchise to become null and void,
If cities from the group of cities of Eell Gardens,
Downey, Lynwood, Paramount, Fico fiivera and Santa Fe
Springs rer.resenting fewer than a combined total of 50,000
households have enacted Grdinances granting Franchises tc
California Cablesystems, Inc. to operate, construct,
maintain, and reconstruct. a cable television system by tr.e
effective date cf this Franchise as set forth in Section
3.3 hereof, Grantee and Grantor shall renegotiate the terms
and conditions of this Franchise.
3.7 Use of Public Streets and Ways. F'or the purpose of
operatinc and maintaining a cable television system in the
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City, the Grantee may erect, install, construct, repair,
replace, reconstruct, and retain in, on, over, under, uron,
across, and along the public streets and ways wit`,in the
City such wires, cables, conductors, ducts, conduits,
vaults, manhcles, amplifiers, appliances, pedestals,
attachments, and other property and equipment as are
necessary ar:d appurtenant to the oaeration of the Cable
Communications System. Fricr to censtructicn or
alterations, however, the Grantee shall in each case file
plans with the appropriate City agencies and utility
companies, and receive written approval before proceeding.
SECTI02d 4. DEr'INITIGtiS
For the purposes of this Grdinance, the follcwing
words, terms, phrases and their derivatives shall have the
meanings given herein. When not inconsistent with the
context, words used in the present tense include the future
tense, words in the plural number include the singular
number, and words in the singular number include the plural
number. The word "shall" is always mandatory ar.d not
merely directory.
~.1 "City" means the City of Lynwocd, ar.d all *_he
territory ~.aithin its present and future corporate
boundaries.
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ORDIiANCE 2~:C. 1134
fl.~ ~~.
AN ORDI'~AT?CE GRA2dTING A P;;Gt:-L~CL'uSIL'E FP.Ai~CI3ISL- :~:'
r'ALIrGRi`1'lA Ci->ELESYSTEMS, Ir+C. , TG OPGRP.'IE A CABLE
TELL~ISICi~ SYS"_Ehi IIO 1'HE CITY GF LYitidCG~' AL•D SL-T1'I2vG FCf:Tfi
CGLaEITIO2tiS :;CCCDiPF>I`iY"I\G THE GS:AZaTIu;G GF `Ii3E FBAcCF_ISE.
r
4.2 "City Council" means the Council of the City of
Lynwood, or such representative person or entity as may be
designated initially or at some future date to act on cable
television matters.
4.3 "FCC" means the Federal Communications Ccmmission, cr
a designated representative.
4.4 "Cable Television Svstem", "Cable Communications
System", "Cable System" or "System" sometimes referred to
as "Cable TV Systems", "CF,TV System" or "Broadband
Communications ietwork", means a system of antenna cables,
amplifiers, towers, microwave links, cablecasting studios,
and any other conductors, converters, equipment or
facilities, designed and constructed for the primary
purpose of producing, receiving, amplifying, storing,
prccessing, or distributing audio, video, digital, or other
forms of electronic or electrical signals.
4.5 "Grantee" means the person or entity to which a
franchise henceforth is granted for the construction,
operation, maintenance, and reconstruction of a cable
television system, and the lawful successors, transferees,
or assignees of said corpcratior, or entity.
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4.6 "Granter" means the City of Lynwood represented by the
City Council acting within the scope of its jurisdiction.
4.7 "Subscriber" means any person, firm, corporation, or
other entity who or which elects to subscribe tc, for any
purpose, a service provided by the Grantee by means of cr
in connection with the cable television system.
4.6 "Residential Subscriber" means a subscriber who
receives a service in an individual dwellino unit, where
the service is not to be utilized in connection with a
business, trade, or profession.
4.5 "Commercial Subscriber" means a subscriber who
receives a service in a place of business, where the
service may be utilized in connection with a business,
trade or profession.
4.10 "Agency Subscriber" means a subscriber who receives a
service in a government or public agency, school, or
non-profit corporation.
4.11 "Frocrammer" means any person cr entity who or which
produces or otherwise provides program material or
information for transmission by video, audio, digital, or
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other sicnals, eithier live or from recorded taxes or other
sterace media, tc subscribers, by means cf the cable
television system..
4.12 "Channel" means a six megahertz (M}z) freeuency bane,
which is capable of carrying either or.e standard video
signal, a number of aucic, digital cr other non video
signals, or some combination of such signals.
4.13 "Local Crigir.ation Channel" rneans any channel where
the Grantee is the only designated programmer, and provides
video prcgra;r~s to subscribers.
4.14 "Public Access Channel", "Community Access Channel"
cr "Ccmrunity Channel" means any channel where any member
of the general public or any non-commercial crganizatior.
may be a programmer, without charge, on a first-come,
first-served, non-discriminatory basis.
4.15 "F.C]UCat10Ra1 Channel". °r:C:UCatlOndl ACCe~.:, Channel"
means any channel where educational institutions are the
only designated programmers.
4.16 "Government Channel" or "Government Access Channel"
means any channel where local government agencies are the
only desicnated programmers.
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4.17 "Leased Channel" or "Leased Access Channel" means any
channel available for lease and progra,<<ming ty persons or
entities other than the Grantee, includir•g, at Grantee's
option, those pcrtions of the other access char.•neis not in
use by their designated proerammers.
4.15 "Oven Channel" means any charnel that can be received
by all subscribers, without a premium charge.
4.19 "Private Channel", OL "C10Sed-Girt ii J.t Channel" mearis
any channel wt,ich is available only to subscribers who are
provided with special converter cr terminal ecuipment to
send or receive signals or. that channel.
4.2C "Converter" means an electronic device which. converts
signal carriers from one form to ancther.
4.21 "Broadcast Signal" means a television or radio signal
that is transmitted over-the-air to a wide geographic
audience and is received by a cable television system
off-the-air, ty microwave link, by satellite receiver, or
ty other means.
4.22 "Nor:-broascast Signal" means a signal that is
transmitted ty a cable television system and that is not
involves in an over-the-air troascast transmission path.
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4.23 "Cablecast Sicnal" means a non-broadcast signal that
originates within. the facilities of the cable television
system.
4.24 "Basic Subscriber Television Service" means all
subscriber services provided by Grantee including the
delivery of broadcast signals, covered by tre recular
monthly charge paid by all subscribers, excluc:ing optional
services for which a separate charge is made. Basic
Subscriber Television Service may be offered to subscribers
in one or more tiers, or combinations of programs.
4.25 "Easic Subscriber Radio Service" means the provision
to all subscribers of such audio services as the
retransmission of broadcast Fhi radio signals, the
retransmission of stsortwave, weatl-,er, news, time and other
similar audio troadcast channels, and the transmission of
cablecast F6; radio signals, as permitted by the FCC.
4.26 "Institutional Service" means such video, audio, data
an8 other services provides to institutional users on ar.
individual application, private chennel basis. These may
include, but are rot limited to, two-way video, audio or
digital signals among institutions, or from institutions to
residential subscribers.
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4.27 "Adcitional Subscriber Service" means any service not
included in "Easic Subscriber Television Service", or
"basic Subscriber fiadio Service" or "Institutional
Service", including, t)Ut nOt 11IDited t0, "Pay-Cable".
4.28 "Fay-Cable" or "Fay-Television" means the delivery tc
subscribers, over the cable television system, of
television sicnals for a fee or charge to subscribers ever
and above the charge for basic subscriber service, or. a per
program, per char.r.el, or other subscription basis.
4.ZS "Streets and Fublic Svavs" means the surface cf and
the space above and below any public street, sidewalk,
alley, easement, parkway, right-of-way, or other public
ways of any tyre whatsoever, now or hereafter existing as
such within the City.
4.30 "F.esident" means any person residing in the City as
otherwise defined by applicable law.
4.~1 "b;onitoring" means observing a one-way ccr::munications
sicnal, or the absence of a signal, where the observer is
neither the subscriber nor the programmer, whether the
signal is observed by visual or electronic means, for any
purnese whatsoever.
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4.32 "TacLing" means observing a two-way communication
signal exchange, where the observer is neither of the
communicating parties, whether the exchange is observed by
visual or electronic means, for any purpose whatsoever.
4.33 "Year" means a full calendar year commencing from the
effective cafe of the Franchise, as provides ir, section 3.3
hereof.
4.34 °SeCtlOn" means any sectlOn, SubSeCtlOri, Or prOV1S1Gn
of this Grsinance.
4.35 "School" means any public educational institution
including arimary and secondary schools, colleges and
universities and all similarly situated private and
parochial educational institutions which have receives the
appropriate accreditation from the State of California, and
where recuired, from other authorized accrediting agencies.
4.36 "Franchise Aareement" means a siones ans notarized
statement on the part of both Grantor and Grantee accepting
and agreeinc to all cf the provisions of the Franchise
herein granted, including referenced specifications,
franchise ap~:lications, and othe_* related material. The
Franchise Agreement may modify terms of this Ord nance by
mutual agreement with an} such modification confirmed
formally by appropriate ordinance amenement.
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4.37 "Community Access Corporation" means the non-profit,
public corporation, hereinafter defined, whose duties shall
include the financing and management of the Community and
Fublic Pccess Channels.
4.38 "Gross Annual Revenues" means the annual gross
revenues received by the Grantee from all sources of
operation of the cable television system within the City
limits of Grantor including any installation charges and
any interest on deposits, but shall exclude any deposits
and any sales, excise or other taxes, cr other payments
collected for direct pass-through to local, state or
federal government.
4.39 "Ferson" means any corporation, partnership,
proprietorship, individual or organization authorized to do
business in the State of California, or any natural person.
SECTION 5. GENERAL RE~UIREh1ENTS
5.1 Governinc Requirements. Grantee shall comply frith tree
reouiremer.ts of this Ordinance and Orc:inarce tdo. 1108, and
all offerings contained in Grantee's Franchise P.pplication
except as specifically modified by this Grdinance and/or
the Franchise Agreement. In the event o£ any conflict, the
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provisions of this Ordinance shall first govern, followed
by the provisions of Ordinance No. 11G8, the Franchise
Agreement and the Grantee's Franchise Application in that
order.
5.2 Franchise Fee. Following the issuance and acceptance
of the Franchise, the Grantee shall pay to the Grantor a
franchise fee of five percent (5~) of gross annual
revenues. These payments shall be computed and paid on a
quarterly basis, and due no later than "thirty (30) days
following the end of each quarter of Grantee's fiscal year.
5.3 Advance on Franchise Fees. Commencing caith the
effective date of the rranchise, Grantee shall initiate a
one-time franchise fee payment to Grantor of $52,325. This
payment is to be considered an advance of payments due in
later years and shall be credited as franchise fees become
due. Such advance fee shall be expended for regulatory
costs, and shall not be recoverable from the Grantor in the
event that the aggregate of future franchise fees does not
exceed the total amount of the advance.
S.a Letter of Credit. Withia thirty (3 G) days of the
effective date of the Franchise, Grantee shall deliver to
Grantor an irrevocable and unconditional letter of credit
in form and substance acceptable tc Grantor, from a banK
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M
approved by Grantor in the amount of $1GO,000. Such a
letter stall be maintained cr. deposit thrcughout the term
of this Franchise. The use of the letter of credit by
Grantor to sa*_isfy any penalties shall be in full
compliance with the provisions of Sections 6.3, 12.4 and 17
of this Ordinance.
5.5 Faitr,ful Ferformance Eond. Lpon the effective date of
the Franchise, Grantee shall furnish proof of the posting
of a faithful performance bond, which may be a corporate
surety bona, running to the Granter, in the penal sum of
w600,000. Zhe faithful performance bend shall be a form.
approved by the City fittorney. upon demonstration by the
Grantee to t;:e satisfaction of the Grantor that fully
one-half of the construction to be undertaken in the City
pursuant to the Franchise P.greemer.t has in fact been
completed, the bond shall be reduced to a sum of ~a300,000.
Lpon der:~cnstratior. by Grantee to the satisfaction of
Grantor that all the construction to be undertaken in the
City pursuant to tine Franchise Agree,~~ent has in fact been
completed and the sys*_em is fully operational, the bond
shall be reduced to a sum of $60,OGG. Such bond for a sum
of $60,000 shall be maintained by the Grantee throughout
the term of this Franchise.
5.6 Liability Insurance and Zndemnificatien. Lpon the
effective date of the Franchise, Grantee shall furnish
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proof that Grantor and Grantee have beer. added as named
insureds to the liability insurance Policy. Said policy
shall remair. in force, in the minimum amou;,ts of
$11,GCO,OUG, in t'r,e areas cf general and owners liability
and property damage. Grantee shall also provide worker's
cor,~pensation coverace consistent with California statutory
recuirements and motor vehicle insurance coverage of
$1C,000,600. Insurance coverage during system.
construction, fire coverage an6 extended coverage shall all
provide for lOC€ coverage of the replacement value of the
assets. Grantee shall receive 30 days written notice prior
to any alteration of a material provision cf the insurance
or any reduction in coverage of the insurance by this
Section. Such notice shall also be reauired in the case of
cancellation of any coverage required by this Section.
The liability insurance colicy shall be maintained
throughout the duration of this Franchise, with a copy
filed with Grantor.
5.7 P.ecoverv of Franchise Costs.
(a) Grantee, within sixty {00) days after receipt
from Grantor of a written itemization, shall reimburse
Grantor for its reasonable costs incurred during the
franchise process to the extent not recovered by
application fees.
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(b) The Grantor shall be entitled to er,ploy the
services of consultants as necessary to aid in the
analysis of all matters relative to the rranchise. If
Grantor and Grantee so agree prior to the hiring of
the censultar.t, all reasonable fees of the consultant
shall be equally borne by both parties, regardless of
the outcome of any specific matters under
consideraticn.
5.6 Fayment to Grantor. No acceptance of any payment
shall be construed as an accord that the amount paid is .in
fact the correct amount, nor shall such acceptance of
payment be construes as a release of any claim the Grantor
may have for further or adcitional sums payable under the
provisions of this Grdinance. A11 amounts paid shall be
subject to audit anc rr-computation by the Grantor.
5.9 keporting Ferioas. The fiscal year of Grantee shall
run from September 1 to August 31. All reports and
payments recuired of Grantee by Grantor, whether annual or
quarterly, shall be mace to coincide with Grantee's fiscal
year.
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SECTICh b. CONSTkCCTIOiv Ail; SEk~'ICE RE~liIkEMET:TS
b.l General. Subject to the provisions of Section 17
hereof, the Grantee shall r.eet or exceed all the material
censtruction and service requirements set forth in this
Grdinance and in addition shall meet or exceed those
material service reauirements set forth in Grantee's
Franchise Application. The Grantee shall meet the service
requirements (as set forth in Section E) regardless of
whether subscriber penetration and/or revenue projections
contained in the Application Drove to be correct. Zt is
the Grantor's intent that Grantee shall not be penalized
for a:inor breaches cf the terms hereof so long as its best
efforts are r,:aintained.
6.2 censtruction Schedule. Grantee shall complete system
construction ar,d offer service to all residents within
twenty-one months after beginning construction. Grantee
acknowledges that it has valid pole line attachment
agreements in force with the appropriate utilities.
Grantee s;:all begin filing for pole make-ready permits with
the utilities within bC days cf the effective cafe cf the
Franchise and complete all such applications within 9U days
of the effective date of the Franchise. For purposes of
this Section, construction sP,all be deemed to have
commenced with the issuance o*_ the first pole release or
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clearance from a utility. Grantee anticipates a period of
5 months after the effective date cf the Franchise will be
sufficient to acuire all necessary permits and clearances
recuired to begin ccnstruction.
After beginnine ccnstruction, Grantee shall complete
approximately thirty-five percent {35~) of the cable system
in the first year, and sixty-five percent (65~) in the
second year.
Construction shall be concucted in accordance with
Grantee's proposed construction schedule attached hereto as
Schedule A. Service shall be offered to all residents and
institutions within an area no later than ninety (~0) days
after the cables have been energized therein.
E.3 Fer.alties for Dela,~ in Construction. Grantor may at
its sole option apply any of the following penalties in
connection with delays in system constructioh due to causes
which are within Grantee's reasonable control cr which are
reasonably foreseeable.
(a) Seduction in the duration of the Franchise on a
month-for-month basis for each month of unexcused
delay exceeding three (3) months;
{b) Forfeiture of faithful performance fonds for
unexcused delays exceeding one year;
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(c) Termination of the Franchise for unexcused delays
exceeding eighteen. (lc) months.
(d) If, after nine (S) m,enths of the effective date
of the Franchise, Grantee has r.ot commenced
construction and Grantee Ices not commence
construction within thirty (30) days of written. ^etice
of such failure from Grantor, subject to the
procedural provisions of Section 12.4, Granter may
impose a financial penalty not to exceed Five Thousand
Dollars ($5,000) per day for each day the Grantee
fails to initiate construction.
Grantee shall make a good faith and diligent effort to
obtain all necessary permits and clearances. h~ithin two
(2) months, four (4) months, six (6) months, ar,d eight (£)
months after tree effective bate of this Franchise, Grantee
shall report to Grantor its estimate of the initial
construction. bate. The initial construction date estimated
within nine (5) months from the effective date of the
Franchise may be uses by Grantor as the presumptive
construction starting da*_e, with all construction
requirements based on that date provided, t,owever, that
Grantee map adjust its estimated initial construction date
upon a showing of delays which are beyenb its reasonable
control or which are not reasonably foreseeable.
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For any schedule delay that may occur, the burden of
proof shall be on the Grantee to demonstrate that such
delay was beyond its reasonable control or was not
reasonably foreseeable. `Ihe imposition by Grantor of any
such penalties shall be in acccrdance with the procedures
set forth in Section 12.4 hereof.
E.4 Fight of Znscecticr, of Cor.structicn. Grantor shall
have the right tc inspect all construction or installation
work performed subject to the provisions of the Franchise
and to make such tests as it shall find necessar•:~ to ensure
compliance with the terms of the Franchise and ott-,er
pertinent provisions of law.
6.5 Precision of Fesider.tial Service. Subject to the
provisions of Section 10.3 hereof, Grantee shall provide
all residential services to all residents of the City at
ur,iforr:. installation chances and monthly rates, within the
schedules of Section E.2 hereof. New residences ir. active
cable areas shall be offered service within ninety (5 C)
days after occupancy.
6.6 Provision of Institutior:al Services. Grantee shall
provide access to all services on the Institutional i:etwork
to all accredited public agencies, public. and private
educational institutions, and hospitals and to such lawful,
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licensed commercial ventures within the Citv which are
passed by the network.
6.7 Construction Cost. Grantee has estimates in its
franchise apclication that the construction cost of the
cable television syster: servinc the City and adjacent
communities will be as follows:
Antennas, Zowers and Microwave
headend and Dubs $ 1,740,000
satellite Earth Stations
Distribution Flant 13,335,060
Drops, Converters & Customer
Fremises Ecuipr;ent 14,2S0,000
Buildings and Lana ---
Leasehold Ircprcvements 157,606
Cablecasting Eeuicment 3,775,000
Test Ecuipment, Tools & Spare,
Farts 251,060
Vehicles is5,000
Other 1,515.600
TOTAL $36,165,000
Grantor ar:c Grantee jointly ackr.owlesce that Grantee's
projected investment was a factor in the evaluation cf
franchise acplications. Grantee acrees that if *_he actual
system construction cents are more than ten percent {10€)
below the estimates costs, Grantor may at its sole optics
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require Grantee to provide additional facilities to the
extent of the difference between. the actual construction
costs and the estimated construction costs less ten percent
(10~) thereof. In the evert the actual construction costs
exceed the estimated construction costs by more than ten
percent (10€), Grantor shall give due consideration to rate
increases requested by Grantee to the extent of the
difference between the actual construction costs and the
estimate6 construction costs plus ten percent (10€)
thereof. Grantee agrees to provide such ecuipment and
services as were proposed in its Fpplication or the
equivalent thereof. In the event that equivalent ecuipment
is proposed in lieu of major technical components of the
system, Grantor shall be given fifteen (15) days advance
notice thereof c,"ith appropriate e};planations therefor.
Grantor's approval of such substitution proposals shall not
be unreasonably withheld and its decision shall be given to
Grantee, in writing, within: fifteen. 15) day= of receipt of
Grantee's notification.
6.E Erection of 'roles. If adc.itio:al poles ir, an existing
utlllty SySteii rCllte aLe reCU1L2C, GLantee sha 11 neCGtlate
with the utilit cor:aan. fx =he installation of the needed
poles or Grantee may at ins o_~tion, subject to the prior
approval of the Grantor, cc~s=root necessary poles. The
Grantee shall negotiate the lease of pole scace and
_-~_
facilities from the existing pole owners for all aerial
co,nstractior., under mutually acceptable terms and
conditions. Zhe Grantor shall utilize its best efforts tc
assist in arrivinc at ar. equitable pole rental agreement.
6.9 Zrimming of Trees. In the conduct of its business,
Grantee shall be aliccved to trim trees in orcer to provide
space for its facilities. Such tree trimming shall be done
in compliance with existing City Cscinances ar,d in a safe
and efficient manner with due regard for the health of the
trees involved. Grantee shall exercise diligence to assure
that trees are trimmed as little as possible and follow
practices desiened to cause the minimum. amount of trauma to
the trees being trir-,;med. All refuse created by tree
trir,:r,ir.g shall be rescued and disposed of by Grantee in an
acceptable manner.
6.10 Cooperation of Grantor. Grantor plecges to fully
assist Grantee in obtaining all licenses, permits,
certifications, release=_, authorizations and/or agreements
required by governmental agencies or utilities for the
construction ar.d operation of system. Grantor understands
that time may well be of the essence in obtaining the
aforementioned permissions and aorees to provide its
assistance with all due diligence. Grantor also acrees to
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,i
evaluate and act on all Grantee applications for- Grantor
pers,its, licenses, certificates, releases, authorizations
and/or agreements with all due spew ans not to
unnecessarily withhold the Granting cf same.
SECTIGn %. SyStEr; DESIGN A1;D ?EFFCkN.AhCE kECliIkEI~iE2:T5
7.1 System Configuration. The cable communications system
shall consist of at least two in'*_erconnectes networks, a
dual-trunk residential network and a single-trunk
institutional network. 5oth networks shall provide
activates bidirectional communications capability in their
initial configurations, except that one trunk cable of the
residential network may be inactive initially.
7.2 Channel Capacity. T1-,e cable system shall be installed
to deliver signals at frequerLCies up to four hundred (40C)
megat;ertz (i•:&z) , with specifizd channel capacity as
indicates below.
Cable Pietwork
Resisentiai
(each cable)
kesidential
(each cable)
Institu=ior.al
Institutional
Single TV Channel
Signal Direction Frecuency Fanee Capacity
Cuttound 59-33G D1hz G2 plusrT:
bang,
Inbcund 5-32 hSHz 4 videc
equivalent
Cuttcund 150-300 hlhz 25
Inbound 5-108 Mi.z li
-2i-
t.3 Satellite Earth Stations. Grantee shall provide four
(4? earth satellite stations initially. Grantee shall
provide a reasonably sufficient member of earth staticr.s to
receive signals from all operational communications
satellites that generally carry programs available to the
cable system, throughout the life cf the Franchise.
7.4 Car:acitV for Interactive Fesidential Services.
Grantee sh".all provide, in the initial system conficuration,
the capacity for interactive residential services
including, but nct limited to, security alarm monitoring,
home shopping, energy management, home banking, teletext,
information access and retrieval, subscriber polling, video
games and or.e-way or interactive education. P.11 customer
equipment necessary for suer, services, such as addressable
interactive converters, home terminals and home detectors,
shall be provided to subscrigers by Grantee in acccrdance
with established ar.d uniform rate schedules.
7.5 CaFacity for Institutional Services. Grantee shall
provide, in the initial system configuration, the capacity
for one-way and interactive institutional communications
services including, but not limited to video, voice and
data communication=. the system shall have the capacity to
Provide a full range of channelization and multiplexing
-2E-
~.
options to meet the needs of the
institutional users. '!'he system
reasonably necessary to maintain
security, which may include, but
addressable taps and converters,
scram'oling.
trcadest spectrum of
shall prcvide all features
message privacy and
is not limited tc,
data encryption and signal
Grantee shall prcvide and r.~air,tain all Grantee
crovided customer-premises ecuipmer.t necessary to interface
with the cable comr.;unications system at a cost to be
determined by Grantee. Equipment commercially available
and not directly linked to the cable system, such as data
terminals, video cameras and microphones, may be supplied
by Grantee or, proviced no harm is caused or results to t'r.e
cable coms:unicatior,s system, by the cable system user.
i.b Cablecasting Facilities. Grantee shall provide the
followinc cablecasting facilities er their equivalent far
the cable system serving the City and neighboring
communities, at. the estimated costs shown:
Estimated
Facility Quantity Cost
Local Grigir.ation and 2 $256,000
Access Studios
Motile Prcduction units 2 25C,OG0
Playback Control Facilities Lot 324,500
Stereo F'•; Facilities 1 15,000
Editing Facilities Lot 105,000
TCTAL $°44,500
-2:-
6
Grantee a5rees that if the actual construction costs
of tt,e cablecasting facilities are more than ten percent
(10~) telow the estimated construction costs, Grantor may
at its scle cption recuire Grantee to prcvide assiticnal
facilities to the extent of the difference between the
actual construction costs and the estimates construction
costs less ten percent {10€) thereof. In the event the
actual construction costs exceed 'the estimated construction
costs by more than ter, percent (10$), Grantor sF,al1 Bice
due consideration. to a rate increase recuest by Grantee to
the extent of the difference between the actual
construction costs and the estimates construction. costs
plus ten percent (10~) thereof.
7.7 Interconnection. Grantee shall interconnect the cable
television system with all other cable systems in Los
Anceles County operated by Gr~r.tee cr an affiliate of
Grantee. As a minimum, the interconnection shall provi8e
the capacity to transmit three (3) video channels anal *_wo
(2) data channels in both directions. The interconnection
shall be completes within. two (<) years of cca;mencement of
construction of the system.
Upon the recuest of the Grantor, Grantee shall begin
negotiations with cable system operators in other adjacent
cities to achieve interconnection. Lrithin six (5) months
of any Grantor recuest, Grantee shai:L report to Granter *_he
results of the negotiations.
-3G-
A
7.f; Energencv Alert Capability. Grantee shall provide the
system capability to transmit an emergency alert sicnal to
all participating subscribers. Grantee shall also provide
an emergency aucio override capability to per,~,it Grantor to
interrupt anc cablecast an audio message on all channels
simultaneously in the evert of disaster or public emergency.
7.9 Standby Power. Grantee shall provide standby power
generating capacity at the cable communications system
control center and at all hubs. Grantee shall maintain
standby power syste~ci supplie=_, rated at least at four (4)
hours duration, throughout the distribution networks.
i.10 Parental Control Lock. Grantee shall provioe
subscribers, upon recuest and at no monthly chance, wilt: a
parental control locking device cr diy-ital cede that
per;~~its inhibiting the viec,ir~c of premium channels.
Grantor reserves the right to impose a deposit ecual to the
cost of the parental control lock.
i.11 Status h;on.itoring. Grantee shall provide an
auton~atrc status monitoring system as an !nteyral part of
both the residential and the institutional cable networks.
-:51-
7.12 Technical Standards. The Federal Communications
Commission (FCC) F.ules and Regulations, Fart 76, Subpart F;
(Technical Standards), shall aaply. Eowever, because of
the recent develocmer:t of interactive anc other innovative
services, modifications of FCC standards, as presented in
the specifications telow, are considered as necessary to
meet system service objectives.
lica'tle Technical Standards.
(1) kesider,tial Network, Forward Signals--Class I
Channels. The residential network shall be capable of
carrying 42 Class I television channels and the full
FM broadcast band. The combined forward trunk and
distribution system shall deliver signals to each
subscriber's TV receiver that will meet or exceed the
following specifications at the mean system
temcerature of + or - 70°F. This shall include the
effects of drop cables, interior splits, ar.d any
terminal equipment such as descramblers and set-top
converters.
h. Carrier to idoise, 4 hi'r.z, bandwidth 43 dE
B. Cross h:odulation Patio
53 dB
C. fiura Ratio 1$
G. Carrier tc Comcosite Triple Eeat 55 dB
E. Carrier to Discreate 'Triple beat
(CW Carriers) 60 dE
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F. Carrier to Second Grder Beat 60 db
G. Chrcminarce-Luminance Delay Listortion +~- 225ns
(All Channels)
h. Carrier to Echo Ratio (greater than 2
microseconds displacement) 40 dB
I. Differential Gain 2$
J. Differential Phase 2%
K. Customer Signal Levels--the signal level
delivered to the customers' TV receiver,
except as modified by peak to valley +1dEmV Min.
scecifications +lOdBmV t~iax.
L. Level differential between adjacent
channels
~,. FM level shall be essentially uniform
and carried at approximately the same
level as the channel 6 Sound Carrier
n. Isolation between Subscribers
In ar,y event, sufficient isolation shall
be provided to prevent interference
between terminal ecuipment and other
portions of the system.
3dB i4ax .
2CdB A;ax.
(L) Residential and Institutional P:etwcrks, Reverse
Signals -- The reverse channels of Beth the
residential and ir,stitutionai networks shall have the
capability of providing return signals from any
subscriber tap to the extre,~,e end of any area without
noticeable signal degradation or interference.
F.. The system capability shall include transmission
of color video, black and white video, and both
low and high speed data, whether analog or
digital.
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b. Zf necessary to prevent the build-up of noise ar.d
8istortior. croducts, the area shall be divided
into sections, and subtrunks nun to a central hub
within the area. Eouivalent alternatives such as
addressable taps or switches may be utilized.
C. No more than +54 dBmV output level shall be
reo_uired out of any customer modem. to r,;eet the
system specifications.
D. Fthere applicable, the end of the system
specifications shall ir:clude the effects of any
signal reprocessing equipment necessary to
achieve forward transmission.
E. Eor Class Z signals, the signal delivered to the
subscriber's T'V receiver, after being transmitted
to the headend, processed ar,d retransmitted down
a forward channel, shall meet the specifications
of Section 1.12(1) hereof.
7.13 Performance TestinG.
(a) Grantee shall perforr; all tests necessary *_o
determine comtliance with the technical standards of FCC
76.601. 'Tests shall include the following, as a minimum:
Fre-Construction
Zr,itial Proof of Performance
Annual Compliance Tests
Tests ir. hesponse to Subscriber Complaints
bior.thly 6:onitor Tests
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Written records of test results shall be maintained, and
shall be available for Grantor inspection upon recuest.
ib) The tests for the kesidential network shall be
performed periodically, at intervals of no oreater than
every six months, on a minimum of 20 subscriber television
receivers, located ti~rcuyhout t'r:e service area. At least E
of these lccatior.s shall be at the far end of the
distribution trunk cables. The tests shall be witnesses by
representatives cf the Grantor, ans written test reports
shall be submitted to the Grantor. If rz;ore than 1GE of the
lecations tested fail to meet the performance standards,
the Grantee shall be recuired to indicate what corrective
measures have beer. taken, and the entire test st-,all be
repeated for at least 20 different locations. If a second
test results in failure of more than 10~, the Grantor may
at its sole option reduce subscriber rates due to degraded
service, unless the circumstances of the failure are caused
by conditions which are beyond the Grantee's reasonable
control or which are not reasonably foreseeable. In
ir~pcsir.g this penalty Grantor shall corply witi; the
provisions of Section 12.4 hereof.
?. 14 narrowcast.no Caoatility. The system shall pace the
capability to direct procramming to residents of the City
only, recardless of whether the same cable system serves
adjacent jurisdictions.
-3s-
SECTIG?~ 8 SEn~'ICE P.ND PROGRFd•2MIhG RE~[iUIkEI-?EivTS
8.1 Initial Services and Fro~;ramminq. G__*antee shall
provide, as a mini,~,um, the initial services ar.d programming
listed in this Section, Ii any listed service shall become
unavailable, or cannot be provided under existing or
subsequent FCC reculaticns, Grantee shall prcvide, where
possible, substitute prograrzs,ir.g ccnsidered at least as
attractive to cable system subscribers. Grantee shall not
reduce the nurz;ber cf program services withcut prior written
notification to ar,d approval by Grar.tcr. Grantor's
approval shall not be unreasonably withheld and its written
decision shall be given to Grantee within thirty (3G) days
frem receipt of its notification. Grantee may add r.ew
services at any time, subject to Grantor approval of any
new rates or rate increase necessitated by the added
services. Grantee may combine programming into composite
chant;els to improve efficiency of channel utilization or to
attract a larger viewinc audience.
E.2 basic Subscriber Television Services. Grantee shall
provide basic Subscriber Television Services in three price
tiers. Grantor acknewlecges that the provision of some
services are based on Grantee obtaining FCC waivers and
-36-
licensing anc/cr entering into acreements with other
entities. Grantee shall make every effort to provice these
services, at the earliest opportunity.
Tier Z service shall .induce, as a m,ir.imurr~, all of the
following:
(1) Carriage of all Los Angeles area television brcadcas*_
stations, inducing:
Charnels 2, 4, 5, 7, ~, 11, 1~, ~2, ~E, 34, 52 and cF
(Los Angeles)
Channels 1S, SO (San Eernarcino)
Channel 40 (Fontana)
Channel 50 (Yuntingtc^ EeacY,)
(t) Carriage of one (1) non-local television broadcast
station:
KhEX, San Antonio, Texas
(_) Carriage of one (1) video programming service
distributed by communications satellite:
Women's Channel
(4) Carriage of ten (1G) alphanumeric programr.~ir,g services:
Ciassifiec Ads
Community Eulletin Eoard
Consumer Information
Events Guide
Emercency Information
Yandicapped, Yuman Services
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Frocram Guide
Shopping Guide
Travel Information
4veather fiadar
(5) Carriage of the following local, community and access
vireo programming services to the extent that said
programmino is actually provided and funded by means
of the procedures set forth in Section 5 hereof:
Community Trews
Industrial Programming, Job InfejCareer Cevel.
Spanish Language (~)
Family fiealth (~)
Industrial Access
Public Access
Educational Access
Government Access
Local Grigir.ation
Tier IZ service shall include, as a minimum, all of the
following:
(1) Carriage of six (6) non-local television broadcast
stations;
XETV, Tijuana, Piexico
XEFT, Tijuana, Mexico
idTV, Toronto, Canada
WGN, Chicago (Ch. ~)
WCF,, 2:ew York (Ch. 9)
4;T6S, Atlanta (Ch. 17)
-3E-
{2) Carriage of nineteer. (19) video programming services
distributed by communications satellite:
Alpha Arts
American bducational 'Ielevisior. 2:etwork (AEZV)
Appalachian Community Service `;etwork (ACS Di)
Black Entertaina~er.t Television (EET)
Cable t2exs Ne_.wcrk {C?'•:?
Ca~1e-Satellite ?~u'clic Affui.s Network (C-SPAN)
CBS Cade
Entertainment and Sports Frc_rar,ming Network (ESFty)
Las Vegas Live
MocSern Satellite Network (DiSN)
T+ational Christian P]etwork (NCN)
2:ew Frirre 'Iitr~e -- Cinemerica (~:FZ)
Nickelodeon
Fecple That Love Televisior, Network (PT L)
Fublic Service Satellite Consortium
Satellite Frogram Ietwork (SFi:)
Telefrance
USA Network (Madison Scuare Garden/Calliope)
(3) Carriage cf three {3) alphanumeric programming
services:
Natior:aljInternational News
Spanish Newswire
Sports hews
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(4) Carriage of two (2) local, co,.r~unity and access video
program;,~ing services includinc but net limited to ,t'r,e
following:
kegicnal Education Access
kegienal Government F:ccess
liar III (interactive) service =_hall ir.ciude all Tier II
programming, and in adc.ition the following;
(1) Interactive capability for hen:e barking, hone
shopping, energy r,;arayement, inforr,~atior. retrieval and
ot,`,er advanced services.
(2) Teletext. services.
&.s Fay 5elevision Services. Ir. acdition to the Basic
Subscriber Television Services, Grantee shall offer the
following. optional Fay-Television Services or equivalent
programming of the same general class to the extent it is
available:
fiome Box Office
ho.~,e box Gffice -- Cinemax
Showtime
The P;ovie Channel
Fla inbow
Home Theater *;etwork
FBS Fav-Cable
Selec*_ TV
keuter Ilik
-4C-
c.4 Interactive b.esidential Services. Grantee shall offer
optional security zlarm monitoring services initially to
all subscribers. Grantee shall offer cptienal home
shopping, home bankinc, data lase access and retrieval, and
interactive educational programs to all subscribers when
feasible.
E.5 i:easec Channel Service. Grantee shall offer leased
channel service at non-discriminatory rates ar,d on
reasonable terms and conditions. Grantee shall not use its
po=_ition as a cable television system operator to refuse
leases channel service to any acplicar.t who may wish to
offer z service competitive with services d fered b_
Grantee.
5.E Easic Sdscriber Facio Service. Grantee shall provide
basic Subscriber Fadio Service inducing the fd lowing:
25 local r`D: raaio stations
F.etransmission of short-wave broadcasts
1di;Fi, Chicago
JISAL (religious)
Seebura T;orld
F:adio Local Origination ar.d Access
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8.7 Institutional fietwork Service. All proposed services
within tr,e technical, financial ana geographical capacity
of the institutional network shall be offered to ail
institutions. Frovieed, however, that Grantee upon notice
to Grantor shall be entitled tc establish reasonable
classifications of subscribers and users. Services shall
include, tut not be limited to, video, audio, data ant
telemetry communications, with either one-way cr
interactive transmission.
6.8 Advance Chances, Deposits and Late Fava~er.t C'r,arges.
Grantee may recuire payment of charges and deposits as
follows:
(a) The Grantee may reauire subscribers to pay for
service in advance of the beginning of each month.
(b) Nothing in this provision shall be construed to
prot:ibit chances for initial installation and
reconnection or to prohibit Cran.tee from retaining
reasonable deposits for ecuipment.
(c) Grantee ::,ay require subscribers to pay a late
payr,:ent charoe oa any bill not pair ty its due cote.
Such late payment charge shall be 1-1/2% cf the
overdue amount or $.SC, whichever is greater.
-4~-
8.9 Disconnection.
disconr:ection of an
subscriber fails to
charge, the Grantee
as follows:
There shall be no
y installation or c
pay a properly due
may disconnect tY,e
charge fcr
utlet. If any
monthly fee or
subscriber's service
(a) ?~o service shall be disconnected until the
delinquent fee is sixty (E G) days overdue or until ten
(1C} days after written notice to the subscriber of
intent to disccnr.ect for failure to pa}, whichever is
later.
(b) In the Case of Fa}'-Cable Services Only, no
service shall be disconnected until the delinquent fee
is thrity (3 G) days overdue or until ten (10) days
after written notice to the subscriber of inter:t to
disconnect for failure to pay, w':,ich=_cer is later.
tipor. payment of t'r.e delinquent fee or charge and the
payment of a reconnection charge, the Grantee shall
pror,ptly reinstate the subscriber's cable service.
SiCS'IGC, S SutFCF_7 FCF. LCCAL. FROGfiP.~-1P:Ii~G
5.1. xlncing ar,c Leterr:lr:atlor. ~ecarclr.ti local Frocram~„zn~.
(a) The City Council herety fines and determines that
the public interest in com,;,ur,ity access programming
and local ~rcyram development necessitates the utili-
-43-
zation of a r.onpr'cfit corporation. to be designated by
Grantor to funs and oversee community access
progras.ming and local program development, and other
reasonably related programs and functions. The City
Council further finds and deter,~:in.es that the use of
such a nonprofit corporation funded in whole or in
part by Grantee ~~-ill allow funding decisions to be
made in the best interests of the public, taking into
account developing needs and technolocical advances.
(b) The City Ccuncil finds and determine-s that tY:e
public interest in a fair and just apportionment of
the use of the pu d is access and community channels
necessitates the creation of a Cesmur.ity Access
Corporation.
(c) The City Council further finds anti determir;es
that the public interest in optimal educational use of
the cable television systen necessitates the payment
required of Grantee by Section ~.2(e).
(d) The City Council hereby finds and detera;ines that
tying the payment required by Section 9.2 (d) to cross
revenues is necessary to protect the value of
Grantee's prograr;:ming support commitment from. the
pressures of ir,fiation.
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9.2 Grantee support for Local Frogramming. Grantee shall
provide the following or equivalent support for iocai
programming, as a minimum:
(a) Feasonable use of all cablecasting access
facilities and channels by nen-commercial, tax exempt
organizations at no charge.
(b) heasonable and nondiscriruinatory use of Grantee's
local origination facilities, when available, by
non-commercial, tax exempt organizations at no charge.
(c) The provision of local origination staff per the
Grantee's Franchise Application except as modified
herein. and as modified by the Franchise P.areement.
(d) Fayment to a nonprofit corporation to be
designated by Grantor cf a minimum of $57,713 per year
in full performance of its capital and operating
proposals for community access programming and local
origination contained in Grantee's PYanchise
Application. Fayment shall be made at said level for
the first 4 years of the Franchise and thereafter the
payment shall be the greater of $57,713 or 4°s of gross
annual revenues, Faymer,t shall be made in accordance,
with the payment schedule included in the Franchise
Agreement.
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~.
(e) Fayment of a total of $37,376 to Grantor, payable
over the first two years of the Franchise, per the
payment schedule included in the Franchise Agreement,
for television equipment and supplies for local
schools. Said funds are specifically provided ir. full
satisfaction of capital and operating proposals for
schools contained in Grantee's Franchise Application.
Grantor shall consult with school officials and
a
determine how such available funds will be distributed
and used by schools to the end that the cable system
authorized by the Franchise can be best utilized by
the schools as part of their educational program.
9.3 Community Access Corporation. An indeper.der,t
nor.-profit corporation, termed the Community Access
Corporation (CAC), shall be formed to manage t'r.e use cf the
Fublic Access and other Community Channels of the cable
television system. The initial CAC Eoard of Lirectors
shall include broad representation. of tine City's
educational, cultural, social, community and business
orgar.izatior.s. The CAC Eoard of Directors shall, within
sixty (60) nays of incorporation, submit to Grantor a plan
and rules for the management, operation, anfi use cf the
Fublic Access ar.d Community Channels. Said plan of
operation. shall include provision fen adecuate insurance to
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to obtained with CAC funds, to protect Grantor and Grantee
from liability associated with Community Access
Programming. Grantor ar,d Grantee sha11 be provided with
such insurance coverage as is reasonably necessary and is
in accord with incustry practice with respect to Community
Access Progran,mine.
SECTICZv 10. kATES ARD ChAfiG`cS
10.i Fror•otior.al Discounts. Z'he rates quotes in Secticn.
10 are maximum rates only. Grantee reserves the right to
provide s_ecial discounts or reduce rates without the prior
approval of Grantor.
10.E Basic Service -- nesider,tial Subscribers. Zhe
initial rates and charges for basic Service to residential
sutscriters shall not exceed the fcllcwing:
Installation
Tier I(Single Cab1e)* Charge
First TV Cutlet $1:.95 Aerial
First TV Outlet 39.95 Ur.der-
groans
P.dditional TV Outlets (ea.) l0.CG
Fri (with TV) 10.00
Ccnverter (Po Deposit} --
Althougt; Company reserves
the right to charge if
there is excessive damage.
A.onthly
fiate
$S.SG
5.50
2.95
2.55
2.50-4.00
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Relocation
Reconnection
Tier II (Dual Cable)
First TV Outlet
Ac,ditional TV Cutlets
Fbi (with Tv)
Converter
F,elccation
Reconnectior.
Tier III (Interactive)
First TV Outlet
Adciticnal Cutlet
Fri (with TV)
Converter
Relocation
Reconnection
No converter charge
Grantee reserves the
converter deposit if
loss of converters.
1G.00 --
14.95 --
Installation t~^ionthly
Charge Fate
Aerial 5 Buriec $5.50
Same as Tier I
" 4.95
L.95
^ r: o
Charge
~,
~~ - -
Ir.stailation N:onti,ly
Charge Rate
Same as Tier I $11.50
6.45
" 2.95
" ro
Charge
~~
~~
wi11 be imposed initially. However,
right tc institute a reasonable
it experiences excessive damage to or
-4fi-
1G.3 basic Service -- Apartment, Commercial and Public
Facilities.
Tt,e initial rages and charges for Basic Service t o
apartments, commercial organizatio ns and public f acilities
shall ret exceea the foliowinc:
Installation Monthly
Charge kate
Apartments - Bulk Rate
First Cutlet Cost Negetiated
Commercial - All Tiers
First G'utlet Cost Negotiated
Gcvernment & Fcucaticnal Facilitie s
First Gutlet ,(per facility) No Charge No Charce
1U.9 Pay-Television Service. The initial rates and
charnels for Pay-Televisicn Servic es shall not ex ceea the
folloc~ing
" Installation i~ionthly
Charce Fate
Ho,;~e Theatre Network Free Ir,tially $ 3.°.5
Rainbow ~ $i9.95(Later) 7.95
The Movie Channel 9.95
hcme box Office 8.95
Home Box Gffice - Cinemax 8.95
Showtime "' 8.95
Galavision 7.95
Select TV 18.95
-99-
Subscribers taking both Ecme Eox Cffice ar.d Cinemax will
receive a monthly $i.00 cisccur.t. Subscribers receiving
two or more services shall receive a monthly discocr.t of at
least gi.00.
1G.5 Security P.larm idonitorin
installaticn charces and rates
mcnitorir.g services shall not
Gptions Services
~ Sir,cle F.larR~, fire,
medical or police
y Service. The initial
for hor,~e security alarm
exceed the following:
Installation ^;or,•thly Fate
$ 49.95 $ 9.95
B Eoubie F.larm (any 2) 99.°.5 h;ax. 1G.95
C Triple F.larm 119.95 Max. 11.95
10.6 Studio and Equipment Usage. Grantee shall not exceed
the fol.lowir,g initial rates for access studio and vireo
eccipr.,ent use:
(1) nonccmmercial L'sers Fates
Studio Froduction Time i~o Charge
Femote Froduction Time ?'do Charge
Supervision and Instruction No Charge
System Playback Costs too Charge
Editing Ccsts ho Charge
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(2) Commercial Users
Studio Frcduction Time
Remote Production, Time
Supervision and Ir,structicn
System Playback Costs
Editing Costs
Negotiated
Negotiated
2egotiated
Negotiated
Negotiates
10.' Institutional Services. The proposed rates for
Institutional itetwerk vireo and data communications
services shall be approximately the following:
Cable/PAC: $3C per month plus $1 each 1000 packet
Cable-Lease: $30 per month plus $50 each D,F,z
Cable-video: $2f per n;onth plus $2t per T4RC hour
Cable-t;or.i tor: $300 per year
10.° t~saintenance of Initial bates. Grantee shall not
increase the initial rates for a period of three (~) years
from the effective sate of the Franchise. The maintenance
of initial rates shall include 'ray-television Services
rates, and Grantee shall not utilize F'CC or other
preemption of Fay-Cable rates to increase such rates prier
to the expiration of the period above. tipon the expiration,
of said three (3) years period, these rates and charges for
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those services for w}:ich rate regulation is not preempted
by the YCC shall be subject to regulation. by Grantor.
kates relating to advertising or the instituticr.al netwcrk
services provided to commercial subscri.'~ers shall be exempt
from rate reculation.
10.S kate L;ereculatien. Grantee shall r.ot, and by
acceptance of the franchise agrees not to, avail itself of
its on ion of electinc exempticr, from local rate regulation
pursuant to Government Code Section 53666.1, or any
successcr legislation. hotting herein s!;all prevent
Grantor and Grantee from agreeing tc a deregulation of
rates upon apprcpriate terms and conditions.
SEClICi: 11. FCiRCI-:AsIT:G, '1kP,Ii;Z\G A?:C L:?i~LCYriE\T F'.E~UIFE?•iEI~'iS
11.1 Local Furchasir,q and F.irinq Fclicv. Grantee shall
establish a pclicp of employinc City residents within its
own. operations, and of utilizinc City-based firms for
purchases and construction subr_ontracts, to the maxi*r:um
extent possitle. Grantee shall provide Grantcr with a
written. repoct of local purchasing anc hiring achievements
at least annually for the duration of the Franchise.
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11.2 Equal Emclovment Opeortur.ity and Affirmative Ection
Frocra.^..s. Throughout the term of the Franchise, Grantee
shall conduce its business as an Equal En:plcyment
GpportunityjAffirrcative potion Er,~ployer. Zn. addition,
throu5hoot the term cf the Frar.c:;ise, the Grantee sY:all
maintain a policy that all employment decisions, cractices,
and procedures are based o^ merit and ability without
discrimination in violation of state or federal law on the
basis of an individual's race, color, religion, ace, sex,
national oricin, or physical cr mental handicap. Tire
Grantee's policy shall apply to all employment actions
inclucir,g advertising, recruiting, hiring, promotion,
transfer, re;,~uneration, selection for training, company
benefits, disciciinary action, lay-off, and termination.
The Grantee shall carry out this policy through continues
dedication to a determines and sustained effort to provide
equal employment opportunities tc all by taking affirmative
action *_o employ and advance in employment cualified women,
mir.crities, persons who are physically or mentally
handicapped, and veterans. The Grantee shall provide to
t;;^,e City a written Affirmative Actior. Program to carry out
this polio}~ no later than sixty (EO) days after the
effective sate of this Franchise.
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11.3 Employment Training Frogram. Grantee shall, during
the entire term of the Franchise, conduct ar, aggressive
training program to train local residents, particularly the
unskilled and semi-skilled, for employment in the cable
industry.
SECTIC& 12. fiEGliZAT
12.1 F'rancriise Regulation. The Franchise granted under
this Ordinance shall be subject to reculation by Grantor in
accordance with the provisions of Ordinance ?do. 11G8.
Grantor may, at its sole option, enter into jcir.t
regulatory agreements with other Grantors in adjacent
jurisdictions, served by the same cable system.
12.2 Rate kegulatior,. Subject to the provisions cf
sections E.7 and 7.E hereof, Granter shall take into
consideration for rate regulation purposes all costs
associated with the construction and operation of the cable
television system including those payments made pursuant to
Section 9 hereo{. Grantor may also consider any or all of
the followinc factors in determining whether to approve,
modify or disapprove Grantee's requests for rate increases
during the term cf this Franchise:
(a) Grantee's substantial fulfillment of all material
requirements of the Franchise.
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(b) duality of service, as indicated by the number
and type of service complaints, Grantee's response to
complaints, and the results of periodic syste!r:
oerformar.ce tests,
(c) Prevailing rates for comparable services in other
cable systems of similar size and complexity.
(d) Fate of return. on Grantee's financial ir.vestmer.t
anc ecuity, as compared to businesses of equivalent
risk. 'Ihe rate of return shall be calculates cn a
cumulative basis for all system revenues and costs,
including services such as Fay-Zelevisien Services
that r.ay be exempt from local rate regulation. Upon
request from Grantor, and pursuant to the provisions
of §12.5 hereto, Grantee shall provide all information
as shall be reasonably necessary to cetermine syste,:.
revenues and costs.
(e) Ferformar.ce cf Grantee in introducing r.ew
SerV1CeS and eXDanding the Cd:~le SyStem'S Capablllty',
as compared to other systems of similar size and
complexity.
1=.~ Chance in kates. Increases ir. rates for basic
service shall be requested no more often than annually by
Grantee. Lpon receipt of a rate increase request, Grantor
shall schedule a public hearing prier to arrivir:g at a
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decision. ti~on recuest from Grantor, Grantee shall provide
and Crar.tor shall consider relevant financial and other
information necESSary tc deter*.rine the justification. for
the recuested increase. Failure to provide such requESted
information shall be grounds for denial of the rate
increase. 6tiithin ninety (50) days after receipt of the
rate increase recuest, Grantor, expressed by City Council
resolution, shall approve the recuest in full, approve the
rEquest in part, or disaprroce the requESt. Ir, ar.y event,
Grantor shall provide fincings as to the basis for its
decision. If no Grantor action has occurred within ninEty
(5C) cays after rECeipt of the Late increase rECUest,
unlESS Grantor ar,c Grantee aoree in writing to an er:ter,sion
of time, the request shall be deemed to have bEEn approved.
lc.? Remeeies for Franchise Violations.
(a) In addition to the penalties for delays in
cor~structicn as speci±ied in Section. E.3 hereof,
Grantor reserves the right to impose the fellowing
penalties in the event Grantee violates any other
r;aterial provision of the Franchise, provided that
Grantee has not cora~;encEd corrective action within
thirty (3U) days of service of written notice by
certified mail to, er personal service on, the general
manacer of Grantee, Imposition of the following
penalties shall be in aceordar.ce with Section 17
hereof. Grantor may:
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r
(1) Impose a financial penalty, not to exceed
One Thousand Dollars ($lOGO) per day or per
incident, for Grantee's individual willful and/er
repeated violation of the Franchise or failure to
take corrective action with respect to a
violation of any provision of the Franchise.
(c) F.equire Grantee to make rate rebates or
payments to the customers or classes of customers
in such amount and on such basis as Grantor may
dEeIi, rEa5Onable, pr0V1QeG, h04icVer, that payments
or rebates to customers shall be made only in the
event of:
(a) billing error on an individual or class
basis. The refund sha11 be equal to the
actual amount of the error.
(b) an unexcused interruption cr abandon-
ment of service in excess of 48 hours. The
rebate shall equal a prorata portion of the
subscriter monthly fee or be dEterr,.ined open
some other reasonable basis.
(3) F.ecuire Grantee to correct or otherwise
remedy the violation prior to any rate increase
becemina effective.
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~-
(b) In the event the stated vici-ation is not
reasonably curable within thirty (3 G) days, the
Franchise will not be terminated or revoked cr a
penalti° imposed pursuant to Section 6.3 hereof or this
Section if the Grantee provides, within the said
thirty (3C) days, a plan, satisfactory to the Grantor,
to remedy the violation, and cor,tin.ues to demonstrate
cool fait'r; in seei:ing to ccrrect said vioiatien.
(c) In determining which remedy or rer.~edies for
Grantee's viclation are appropriate, Grantor shall
take into consideration the nature of the viclation,
the perscn or persons bearine the impact of the
viclation, the nature of the remedy required in order
to further prevent such violations, ar:c such other
natters as the Grantor may deem, appropriate.
(d) *Aithir. ten (1C) cat's after receipt of a ~+~ritten
notice of a violation from Grantor, Grantee may
rec.uest a hearing before the City N:anacer or other
person. designated by the City Cou~;cil. Such a
proceeding shall afford full due process of law and
stall be held within thirty (30) days of the receipt
of the recuest therefor.
(e) 'Ihe determination of the City b;aaager or otl-ier
person desigr.atec by the City Council shall be subject
- to appeal to the City Council within 15 days of
-Sb-
e
,
service of notice in writing of said determination to
Grantee. A notice of appeal s.`,all be delivered to the
City Clerk within said time period and shall specify
the grounds for the appeal. Grantor and Grantee may
agree to waive the conduct of a hearing provided for
in Section 12.4(d) and proceed directly to a final
determination, by the City Council as provided for in
'this part.
(f) Zhe City Council, in the case of an appeal or
direct jurisdiction, shall hold a hearing affordinc,
Grantee full due process of law. Said hearing sr:a11
be set within thirty (30) days of the receipt of the
recuest therefor.
(g) the City Council, in determining ar.y penalty,
shall make written fincincs of fact which address the
considerations ref erer.ced in Section 12.4 (c) hereof.
(h) hothing herein shall prevent either the Grantor
or the Grantee frem obtaining injunctive relief to
enforce the provisions of tine r'ranchise.
(i) Ivething herein. shall prevent Grantor from
conducting hearings and providing for remedies on a
joint basis wit., other cities served by the same cable
system.
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.°
12.5 Public L'isclosure. 6:1-,enever, pursuant to the
Franchise, Grantee shall make available for inspection 6y
Grantor or submit to Grar,tcr repor*_s containing information
considered proprietary by the Grantee, Grantor shall not
disclose or release such reports or information to the
public without Grantee's prior written consent or unless
recuired to do so by statute cr Court cyder. Grantor shall
provide Grantee with 24 hours notice prior to inspecting
books or records of Grantee.
SECTIGC: 13. fiIGF.Zb GF IhLIVIGOP.LS FFGTECTED
13.1 Liscriminatory Practices Prohibited. 'Ihe Grantee
shall not deny service, deny access, or otherwise
discriminate against subscribers, procra,~,n:ers, or general
citizens on the basis of race, color, religion, ^ational
origin, sex or age. The Grantee sr.all strictly adhere tc
the equal employment opportunity requirements of the
federal government, as expressed in Section 76. 13(a)(n) and
76.311 of Chapter 1 of Title 97 of the Code of Federal
F.egulations. ~ihe Grantee s,`,ali comply at all times •.,-itt.
all Other applicable rederal, State, and Clty laws, ana ail
executive and administrative cyders relating to,
non-discrimination.
-GO-
13.2 Cable aPpinc Prohibited. I:either the Grantee, nor
any person, agency, or entity shall, without the
sUbSCLibEr's COnSent, tap, OL arranGe fGr the taFping, Of
ar,y cable, 1ir.e, signal input device, or subscriber outlet
or receiver for any purpose except routinE maintenance of
the system, polling witY; audiencE participation, or
audience viewing surveys to support advErtising research
rECarriny viewers wherE individual viewer behavior cannot
be identifies.
13.3 Invasions of Privacy am of FErsonal Richts
Prohibited. In the conduct of providing its services or
pursuit of any collateral commercial enterprise resulting
therefrom, Grantee shall take any and all necessary action
to prevent an invasion of a subscriber's or ceneral
citizen's right to privacy cr other cersonal rights a=_ such
rights are delimiter and refined by applicable law.
Grantee shall not without lawful court order or other
applicable valid legal authority u*_iiize the system's
interactive two-way ecuipment or capability for
unaut'r,orized personal surveillance of any subscriber or
ceneral citizEn.
13.4 Permission of Proper
Frovired in Section 3.7
Gwners Fecuired ExceGt as
bio cable line, wire, amplifier,
converter, or ether piece of equipr,~ent owned by Grantee
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shall be ins*_ailec by Grantee -ithout first securinc the
written perr,,ission of the owner of ar.y z;rcperty involves;
provided, however, that where the property owner has
granted an easement or a servituce tc ancther and the
servituce by its terms contemplates uses such as Grantee's
inter,dsd use, Grantee shall not be recuired to secure the
written permission of the owner for the installation of
cable television equipr::ent or facilities unless Grantee
elects to de so. Zf permission is later revoked, whether
by the criginal or a su.'~.sequert owner, the Grantee shall
remove forthwith any of its equipment which is visible anc
movable ar.d promptly restore the property tc its original
condition.
13.5 Sale of Personalized Lata Fe=trioed. The Grantee
shall not sell o_ ot'r.erwise make available lists of the
name= and addresses of =_ubscribers, or any list which
identifies, by name, subscriber viewing habits, or
personalizea data pertainrnc to a subscr_ber's use of any
of Grantee's services without tt:e ccnsent, express or
implied, of the subscriber tc which the personalized data
Cert8lnS. ror purpOSes Of this ~eCt10P, °DFrSOnallZed
data" shall mean the name ar,d address of an individual
subscriber directly associated with data obtained or, his or
her use of specific services provided by or through the
-E2-
Grantee. i:Cthing herein shall be construed to prevent, as
a normal incidEnt cf cor~r,,ercial enterprise, the salE or
aVallablllty Of "nCn-peLSOna112eC" Or "aggregated cata"
WhiCi: is riGt pEr50 P.a11ZEC data a5 Clef lnEG ClerEln.
13.E Landlord - Tenant. Grantee shall be recuirEd to
provide service to individual units of a multiple housinc
facility with all services offered to other dwelline units
wit.,ir. the City, sd long as the owner of the facility
consEnts iP. writing, if. requested by Grantee, to the
following:
(a) 7o GrantEE's provicirc of the service tc units of
tr,e facility ;
(b) To reasonable conditions and times for
installation,, maintenance, and inspection of the
system on the facility premises;
(c) To reasonable conditions promulga*_ed by Grantee
tc protect Grantee's equip,~.ent and to Encourage
widespread use of the syste„~; and
(d) To not demand or accept payment from GranteE for
cermitting Grantee to provide service to the facility
ar.d to not discriminate ir, rental charges, cr
otherwisE, between tenants who receive cable service
anal tt:ose who de not.
~~
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SECI~IGC' 14. TEP~'IivP.SIOA: A?d- FE2iEjvF.L
14.1 z.evocation
(a) In adciticn to any rigl-:ts se*_ forth elsewhere in
this Grdinar.ce, the Grantor reserves the right to
revoke the Franchise, and all richts and privileges
pertaining thereto, in the event that:
(1) The Grantee willfully or repeatedly violates
any material provision of the Franchise; or
(2) The Grantee's construction schedule is
delayed for over eichteen (1E) months, due to any
cause which is. within the Grantee's reasonaule
control; Or
(3) Subject to the provisions of Section 14.E
hereof, the Grantee becor,;es insolvent, is
involuntarily aajudued as L-ankrupt, or files a
voluntary petition for relief under the
EankrUptC~/ PCt; OL
(4) Zhe Grantee is adjudced tc have practiced
any fraua or deceit ucon the Grantor and such
judgment becomes final after all apceals are
exhausted accordiro to law.
(b) If Grantee violates any provision contained in
Section 14.1(a)(1)-(4) hereof, Grantor shall give
written notice of the default to Grantee,
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(c) Grantee shall be given thirty (3C) days, after
_uch written notice, to correct such default, oz to
commence appropriate corrective action. Such notice
and period to cure need not be repeated if the same
were previously provided to Grantee as a prerequisite
to other remedies pursuant to Section 12.4 (a) hereof.
Zhe Franchise shall not be revoked pursuant to this
Section if, within said thirty (3G) days, Grantee
provides a plan satisfactory to Grantor to remedy *_he
violation and C-rantee continues to der.,onstrate goo c.
faith in seeking to correct saki violation.
(d) If Grantee fails to correct such default or to
commence appropriate corrective action as provided in
Section 14.1(c) hereof, Grantor may elect to impose a
penalty, as provided in Section 12.4 hereof, or
Grantor may elect to terminate this Franchise as
fellows:
(1) Grantor shall hole a public hearing to
consider the option or revocation of the
Franchise;
(2) Grantor shall gyve Grantee at least ten (1G)
days advance written notice of such hearing;
(3) Grantor shall publish notice of such hearing
in a newspaper of general circulation, in the City
at least ten {1G) days ir. advance of such hearing;
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(4) Grantee shall be afforded all due trocess of
iaw, includinc the richt to appear and be heard
at the hearine;
(~) It after such hearing Grantor cetermines
that the Franchise should be revoked, Grantor
shall advise Grantee of its decision in writing.
Grantee shall have a pericd cf thirty (3C) daps,
becinning the next day fcllc.:ir.g written notice
to Grantee of such decision, withir. r:hich to file
any appropriate legal action. Luring such thirty
(30) day period, tY:e Franchise shall remain in
full fcrce and effect, unless the term thereof
expires socner.
(6) Fits-r,t a court orcer to the contrary and
upon the expiration of the thirty (3Cj day cericd
set forth in Section 14.1(4)(5) hereof, the
Grantor ;r,ay by ordinance cr resolution declare a
forefeiture of the Franchise, whereupon all
rights of the holders of the Franchise shall
inmediatel'y be divested without a further act
upon the i:art of the Grantor, and the Grantee
shall upon demand cf Grantor fortiswith remove its
structure or property from tr:e streets and
restore t'r.e streets to suer, condition as the
Grantor may reasonably require and upon failure
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to do so, the Grantor nay perfcrm the work and
ccllect the costs therecf from the Grantee. The
costs thereof shall be a lien upon. all plant and
property of the Grantee. Such lien shall not
attacr. to the property of the Grantee lccated on
the poles or ether utilities until rer„„oval of
such property from the pole. Should Grantor
decide to take over ar.d operate the syste„~,
Grantee shall be compensated consistent with the
provisions of Section i5.1 herecf.
15.2 keceivership. The Granter shall have the right to
revoke the Franchise one hundred and twent} (120) days
after the appointment of a receiver, or trustee, to take
over anc conduct the business of the Grantee, whether in
receivership, reorganization, bankruptcy, or other action
or proceebing, unless such receivership or trusteeship
shall have been vacated prior to the expiration of said one
hundred ar.d twenty (12C) days, or unless:
(a) Within one hundred and twenty (120) days after
his electicn or appointment, such receiver or trustee
shall pace fully complied with all the previsions of
the rranchise and remedied all defaults thereunder;
and,
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(b) Such receiver or trustee, within said one hundred
and twenty (12G) days, shall have executed an
agreement, duly approved by the court having
jurisdiction in the premises, whereby such receiver or
trustee assumes and agrees to to found by each and
every provision of the Franchise.
14.3 Exciration. upon expiration. cf the initial ter„~ of
the Franchise and consistent with Section 14_.4 hereof, the
Grantor shall have the right, at its election to:
(a) renew or extend the Franchise;
(b) invite additional franchise apclications or
proposals; or
(c) terminate the Franchise without further action..
the Grantee shall make it a condition cf each contract
entered into L'y it that the Grantor shall have the richt to
exercise these options.
14.4 Lenewal or Extension. Zhe Franchise may be renewed
or extended ty the Grantor at any time during the term of
the Franchise, upon application of the Grantee, in
accor6ance with the then exis*_ir.g rules of the FCC, and
applicable law.
(a) Grantee shall sutmit its application for renewal
at leas*_ nine (5) months prior to the date of
c-};piration.
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(b) Zhe Granter shall schedule a hearing on the
cuestion of renewal, with such hearing tc take place
at least six (b) months before expiraticn cf the
Franchise. At least ten (1G) cat's advance written
notice of such hearing shall he given to Grantee and
shall be published in a newspaper witY: local
circulation. rt such hearing, the Grantee shall have
full due process of laa including the opportunity to
appear and be heard.
(c) Based ucon information introduced at the hearing,
anti any other relevant information that it may obtain
from the Grantee, the City shall make a determinaticn
as to whether the Grantee has substantially coraplien
with material recuirements of the Franchise. Such
determination shall be made not less than two (2)
months before the Frar.c'r.•ise expires, and a copy of the
written deter:r,ir.ation supplied to Grantee.
14.5 Ccntinuity of Service Aiandatory. It shall be the
rigi~t of all subscricers to receive all available services
inscfar as their financial and other obligations to the
Grantee are honored. In the event that the Grantee elects
to overbuild, rebuild, modify, or sell the syste,~~, cr the
Grantor revokes or fails to renew the Franchise, the
Grantee shall co everything reasonable in its power to
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insure that a17. subscribers receive continuous,
uninterrupted service regardless of the circumstances,
during the lifetime of the Franchise. In the evert of
purchase by the Grantor, cr a change of Grantee, the
current Grantee shall cecperate with the Grantor to operate
the system for a reasonable ter:porary period, in
maintaining continuity of service to all subscribers.
SECiiCr+ 15. F.IGcT TG FG'kCFF.SE TE?B S:5`IED~l
15.1 Granter, in compliance with California law governing
eminent domain and upcn payment of fair market value, may
condemn the Franchise, property and plant cf Grantee.
M
15.2 Granter shall have the right tc purchase those
portions of the system within the City of Lynwood only upcn
revocation or expiration of the initial term of the
Franchise cr any renewal or extensions thereof. Purchase
price to C-rantor shall not include any sum for the value of
the Franchise and such plant and property shall be valued
according co bock value of all capital investments
attributable thereto, less depreciat.icn.
15. In the event Grantor shall terminate the Franchise
pursuant to the provisions of ~ecticn 1E.3 hereof, it shall
reimburse Grantee for the fair market value of the system,
including both tangible and intangible assets.
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SECTION 15. S-FF~nF.EILITY
16.1 N;otkithstandinc any c_h~:r provisions of this
Franchise to the contrary, Grantee shall at all tines
comply with all laws anG regulations of the State ano
federal governments or any administrative agency thereof.
16.2 If any Section, subsection, sentence, clause, phrase
or word of this Franchise is for any reason held im~alid or
unconstitutional by any court or governmental body of
competent jurisdiction, such Section, subsection, sentence,
clause, phrase or wore shall be deemed a separate,
distinct, and independent provision anc such hclcing shall
not affect the validity of the remaining provisions hereof.
16.3 Should the State of California, the FCC or any other.
agency of the federal government subsequently require the
Grantee to perforrr, or cease to perform any act which is
inconsistent with any provisions Gf the Franchise, tine
Grantee shall so notify the Grantor. Upon receipt of such
notificatior„ the Grantor shall determine if a material
provision of the Franc'r,ise is affected. Upen such
determination, the Grantor shall have the right to ?r,odify
or amend anv of the Sections of the Franchise to such
reasonable extent as may be necessary to carry out the full
-il-
intent and our~ose of the Franchise. The Grantor may
terminate the Franchise in ti:e event the Grantor determines
that substantial ar.6 material compliance .pith the original
proposes terms cf the E`ranchise has been frustrated by such
State or Federal recuire::~ent.
SECTIOPd 17. FOkCE NiAJEuFE; GRAPiTEE'S INAEILITY TG FEFiFGFvr
In the event Grantee's performance of any of the
terms, conditions, obligations, or recruirements of this
Franchise or of Grdinance too. 11CE is prevented cr impaired
due to any cause beyond its reasonable control or not
reasonably foreseeable, such inability to perform shall be
deemed to be excused and no penalties or sanctions shall be
imposes as a result thereof, provided Grantee has notified
Grantor in writing within fifteen (15) days of its
discovery of the occurrer:ce of such an event. Such causes
beyond Grantee's reasonable control or r.ct reasonably
foreseeable shall include, cut shall not be limited tc,
Pots of Gob, civil emergencies and labor unrest or strikes.
PASSED, AFFRGVFD A?dD ADGFTED this _15_th day of SPb mb r .~ 15E1.
/s/ JOHN D. BYORK _
Mayor of the City of Lynwood
ATTEST:
/sLLaurene Coffey
City Clerk
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FGFiNi V-A
SC„ELULF. A
FRP.?:C&ISE TEkkITGFY AND CGtdST~liCTIGi': SCYEDL'LE
1. F.pplicant is applying for a Franchise for the entire
service arEa.
2. P.pplicant will indicate cenfo.*_;Hance with cable service
recuirements of Introduction, Paragraph E, and provide
amplifying details. A.ny exception to the requirements
shall be noted specifically.
Applicant will conform with all cable service requirements
refe a edto and specified in "Instructions to Applicants",
Section 6 ("Gallo Service fiEquirements")
a) Cablesysterr.s will provide service to all existing
resicentiai dwEllings within the initial service area which
is defined as the "territory of all member cities." Cable
SELVICE will be provided to all residents within the
initial service area at rates outlined in Form VIII, F. and
b within. 21 months from the final aware of the F'rar,chise by
all the Cities.
Service will be offered to coc.mercial, industrial and other
r,on-residential users within the initial service area. Zf
the user is established in a residential area and is uassed
by the residential netwcr'r, the standard rates outlined on
Form VIII, A and 5 will apply. Non-residential users of
the service establishes in areas zoned et'r,er than
residential and not gassed by the residential network will
be cbarged the standard rates outlined plus rust pay in
advance, or. acceptance of a written cuote, a proportion of
the capital cost of extending the plant. Cablesystems will
attempt to defray some of the costs by ,~,arketing the
service to other potential users onion to submitting a
Quote.
b) Cablesystems' construction schedule will deliver uniform
residential service to ail member Cities concurrently and
on a basis proportional to each City's share of total cable
miles. This assumes that al'_ City Ordinances are approved
in the same timE frame. ,.ctivities in the eighth month
(following award of the Fran.chrse) would center arouna tr,e
installation of interconnecting trunks which will pass
primarily throuch Downey, `rico rivera, Santa re Springs ar.d
• • • `y
Paramount. Distribution trunks and feeders along the
interconnect truck route will be placed as we].1. During
the ninth month, activity woulc move to Bell Gardens,
Lynwood and Commerce where major distribution trunks and
associated feeders will be constructed to extend service
into these areas, The first subscribers are scheduled to
be connected early in the tenth mer.th.
Construction will proceed in phases from the tenth month
onward, each phase representing about one month of work for
three construction crews.
Total chases Per City (Prorosed)
Bell Gardens -
Commerce - 3
Downey - 14
Lynwood - 7
`raramount - 5
Ficc Rivera - 5
Santa re Springs - 3
Since each of the seven Cities must ratify separate
Grdinances, it is possible the E'ranchises may be granted
over an extended time period. "rcwevcr, should Cablesystems
be approved by a majority of the cities and sufficient
assurance exists that the remaining Frar:chise will be
granted, Cablesystems is prepared 'to start construction
planning, pole cermit application, and pole make ready in
all member cities to assure concurrent delivery cf service
to all cities in the shortest possible time.
c) Service will be provided to new residential developments
immediately upon first occupancy (barring labor
difficulties and%cr Acts of God which may cause
constriction delays ar.d provided sufficient notice of
occupancy is given.)
d) Service will be extended to all portions of residentially
zoned areas annexed by the cities regardless of housing
density.
'phis Schedule is tc be interpreted in light of
circumstances develocing subsecuent to the submission of
its application by California Cablesystems, Inc. These
circumstances include the decision of tt;e City of Commerce
tC aWarC lt5 ):•r anChl e t0 anC %I1 t'=L COmpa nl~. 2~OtWlt'C15 tandlr,g
the provisions of Section 5.1 'Hereof, if the provisions of
t'r,is Schedule conflict with any provision of this
Ordinance, Grdinance P:o. LIOfi or the Franch.i.se Agreement,
the provisions of those documents shall take precedence.
, Y
TASLE CF' CC'tiTENTS
SLCTIGi: l:
SECTZGr; c:
SECTICti 3:
SECTIGI: S:
SECT'I^vii 5:
SECTZCi: E:
SECTIGD 7
SLCTIGi: E:
SECTION
SEC'i'iGN '_G
ScCTICN 11:
SECT iCP: 12
SLCT1Gh 1?:
SECTIGI: 14:
SECTIGt•7 15:
SEC7IG*< 16:
SECTION 17:
`T'ITLE
I2:TEI~T
GkANT OF F'kP.i~CY.ISE
DEF IiIITIGPiS
GE:E::P,L kE~liIREMEivTS
CG't:STFliCTIC'2v APL SE,kVICE FE~GIREiQEi~TS
SYSTEM DESIGri AND PERFOki~1?NCE F:E~UIF.EN'.E2•;TS
SEkVICL AIvD PkGGT.P1~iP1II~G kE~L'IkEt-'iEMTS
SL'FFOkT FOk LCCAL FRGGF.Ah1.1ZPaG
kF.IES ANL C'r,P.kGES
F'ukCI:ASING, TkP.ININC. P.tiL HIkItvG kE~liIkEDF.NTS
RLGULAT Iia:
kIGFTS GF Ii~%IVIliliALS PkCTECTE;,
T~k[~,It:hTIGi~ AIL F.ENESvAL,
kZGHT TG PUkCfiASE THE SYSTEbI
SLFAkAEiLITY
i
FCRCE t~1?JEukE; G:.Aiv1Ei'S ID.PyILITY TC FEkFCRM