O-1341-6-95THIRD AND FEUJL RF.ADI11G
ORDINANCE NO. 1341-6-95
AN ORDINANCE GRANTING A FRANCHISE TO COMMUNICATIONS
SERVICES, INC., TO CONSTRUCT, MAINTAIN, AND OPERATE A CABLE
TELEVISION SYSTEM WITHIN THE CITY OF ALLEN UNDER THE
PROVISIONS OF ORDINANCE NO. 1340-6-95.
WHEREAS, pursuant to the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as
amended, the City may grant or renew a franchise to construct, operate and maintain a cable television system;
and
WHEREAS, pursuant to state law and City ordinance, the City is empowered to grant cable television
franchises and to regulate cable television systems in the public interest; and
WHEREAS, on July 20, 1995, the City Council of the City of Allen, Texas ("Council") adopted Ordinance
No. 1340-6-95, the City of Allen, Texas Cable Communications Ordinance, governing the granting and
regulation of cable television franchises for. and the installation, construction and operation of, cable television
systems within the City (the "Ordinance"); and
WHEREAS, CommunicatiorLs Services, Inc. ("CSI") desires to renew its franchise to construct, install,
maintain, and operate a cable system in the City, and has applied to the City for a renewal of its franchise to
construct, install; mavitain and operate a cable system in the city; and
WHEFEAS, dic consin:ction, installation, maintenance, and operation of such a system involves the use and
occupation of the streets of the City, over which the City exercises governmental control; and
WHEREAS, the Council has evaluated C'SI's application in light of the requirements of federal and state law
and the Ordinance, and has conducted a public hearing on CSI's application; and
WHEREAS, based on said representations, the Council has determined that a renewal of CSI's nonexclusive
franchise to construct, install, maintain and operate a cable system in the City, subject to the terms and
conditions set forth herein and in the Ordinance, is consistent with the public interest; and
WHEREAS, on July 20, 1995, the Council determined to renew CSI's non-exclusive franchise to own,
construct And operate a cable television system within the City, subject to the terms and conditions of the
Ordinance and to the City and CSI reaching agreement on the terms of a franchise agreement; and
WHEREAS, the City Manager has the negotiated terms and conditions for the construction and operation of
said cable television system with CSI.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1: The attached Cable Television Franchise Agreement between the City of Allen, Texas, and
Communications Services, Inc., which grants CSI a cable television franchise for a term of fifteen (15) years,
and which Agreement is attached hereto and made a part of this Ordinance, be and the sante is hereby approved
and the Mayor is hereby authorized to execute said Agreement on behalf of the City.
SECTION 2. CSI shall have forty-five (45) days from the effective date hereof to execute and accept such
Agreement.
SECTION 3. Ordinance Nos. 247 and 291 are hereby extended for a period not to exceed forty-five (45)
days from the effective date hereof.
SECTION 4. Upon CSI's acceptance of the attached Agreement, Ordinance Nos. 247 and 291 shall be
repealed.
SECTION 5. This Ordinance shall become effective on the later of (a) the date of its adoption; and (b) the
date on which Ordinance No. 1340-6-95 becomes effective.
SECTION 6. If any part, section, subsection, or other portion of this Ordinance or any application thereof
to any person or circumstance in declared void, unconstitutional or invalid for any reason, such part, section,
subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining
provisions of this Ordinance, and all applications thereof not having been declared void, unconstitutional or
invalid, shall remain in full force and effect. The City declares that no invalid or prescribed provision or
application was an inducement to the enactment of this Ordinance, and that it would have enacted this
Ordinance regardless of the invalid or prescribed provision or application.
SECTION 7. The City Secretary shall cause this Ordinance to be published in a manner prescribed by law.
PRESENTED AND GIVEN THIRD AND FINAL READING ON THE 20TH DAY OF JULY, 1995 AT
THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS.
APPROVED:
he Farmer, MAYOR
AT rES T:
J Mo on, CMC, CITY SECRETARY
Ordinance No. 1341_6_25 Page 2
EXHIBIT A
4
ALLEN CITY SYSTEM
Qty
Model
Description
2
AD -830
Color Camera 470 Lines
2
LZ1161A6XP
Camera Lens 6:1 Zoom
2
KTA-12FISP
Dome w/ Pan Tilt
2
KTD-0012
Drop Ceiling Kit
1
KTD-303
Camera Remote Controller
2
20VA
Camera Power Supplies
1
MX -1
Video Mixer
1
TM -2000
Character Generator
3
TM -91-1
9" Monitor
1
TM -131
13" Monitor
1
VES -58
S -VHS Edit Desk
1
1202
Mackie Audio Mixer
1
AG -455
Panasonic Camcorder
1
3140
Bogen Tripod System
1
Cables and Accessories
1
Installation
TOTAL OF 1 SYSTEM
EXHIBIT B
VHS EDITING SYSTEM
Qty Model
2 KV13M10
2 SLV-R1000
1 XV-AL100
1
TOTAL OF 5 SYSTEMS
Description
Sony 13" Monitors
Sony S -VHS Deck
Sony Edit Controller
Installation
S -VHS SPECIAL EFFECTS EDITING SYSTEM
Qty
Model
Description
1
AB -1
A/B Edit Controller
1
MX -1
Video Mixer
1
TM -2000
Video Titlemaker (Character Generator)
3
SVO-2000
Sony S -VHS Deck
3
TM -131
JVC S -VHS Monitor
1
M-267
Shure Mic Mixer
1
EV -635A
Electro -Voice Mic
1
DS -5
Mic Desk Stand
1
E4102
Winsted Editing Console
1
41581
Winsted Editor Shelf
3
41581
Winsted VTR Shelf
1
Cables and Accessories
1
Installation
TOTAL OF 1 SYSTEM
ORDINANCE NO. 1341-6-95
(ATPACHMENT )
CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN THE CITY OF ALLEN, TEXAS
AND COMMUNICATIONS SERVICES, INC.
TABLE OF CONTENTS
PAGE
Section 1. Definitions . . . . . . . . . . . . . . . . . . 4
Section 2. Grant of Franchise. . . . . . . . . . . . . . 4
( a ) Scope of Franchise . . . . . . . . . . . . . . . . . 4
(b) Lawful Purposes. . . . . . . . . . . . . . . . . . 5
(c) Conflicts . . . . . . . . . . . . . . . . . . . . . 5
Section 3. Term and Acceptance of Franchise. . . . . . . 5
(a) Term . . . . . . . . . . . . . . . . . . . . . . . 5
(b) Acceptance . . . . . . . . . . . . . . . . . . . . 5
Section 4. Non -Exclusive Franchise. . . . . . . . . . . . 5
Section 5. Franchise Subject to Cable Act, the
Ordinance, Other Laws and Police Power. 6
(a) Subject to Applicable Law . . . . . . . . . . . . . 6
(b) Subject to Ordinance . . . . . . . . . . . . . . . 6
( c ) Subject to Police Power . . . . . . . . . . . . . . 6
Section 6. Insurance . . . . . . . . . . . . . . . . . . . 6
(a) Insurance Maintained . . . . . . . . . . . . . . . 6
(b) Certificate of Insurance . : . . . . . . . . . . . 6
(c) Proof of Compliance . . . . . . . . . . . . . . . . 7
Section 7. Indemnification of the City. . . . . . . . . . 7
Section 8. Construction Bond . . . . . . . . . . . . . . . 7
Section 9. Guarantee -in -Lieu -of -Bond and Security Eund. . 8
(a) Security Fund Required . . . . . . . . . . . . . . . 8
(b) City's Right to Drawdown of the Fund. . . . . . . . 8
(c) Disposition of Fund on Revocation. . . . . . . . . 9
(d) Disposition of Fund on Other Termination . . . . . 9
(e) City's Rights Reserved . . . . . . . . . . . . . . 10
Section 10. Use of Streets. . . . . . . . . . . . . . . 10
Section 11. System Rebuild and Upgrade. . . . . . . . . . 10
(a) System Upgrade . . . . . . . . . . . . . . . . . . 10
(b) No Limitation on Further Upgrade . . . . . . . . . 10
i
(c) Most Favored Nations . . . . . . . . . . . . . . . 11
(d) Limitation of Cost Pass-Throughs . . . . . . . . . 11
Section 12. Minimum Facilities and Services . . . . . . . 12
(a) Minimum Capacity at Effective Dates . . . . . . . . 12
(b) Free Service to Certain Facilities . . . . . . . . 12
(c) Closed Captioned Signals . . . . . . . . . . . . . 13
(d) System Compatibility . . . . . . . . . . . . . . . 13
Section 13. Technical Standards . . . . . . . . . . . . . . 14
Section 14. Proof of Performance Tests. . . . . . . . . . 14
Section 15. Access Channels and Facilities. . . . . . . . 14
(a) Access Channels . . . . . . . . . . . . . . . . . . 14
(b) Access Facilities and Equipment . . . . . . . . . . 19
(c) Franchisee's Agreement to Bill, Collect and Remit
Any Access Support Charge . . . . . . . . . : 20
Section 16. Commercial Leased Access. . . . . . . . . . . 21
Section 17. Emergency Use of Facilities. . . . . . . . . . 21
(a) Emergency Interrupt System . . . . . . . . . . . . 21
(b) Implementation Plan . . . . . . . . . . . . . . . . 22
(c) Emergency Standby Power . . . . . . . . . . . . . . 22
Section 18. Lock -out Devices. . . . . . . . . . . . . . . 22 -
Section 19. Line Extension Policy . . . . . . . . . . . . . 23
(a) Currently Served Subscribers . . . . . . . . . . . 23
(b) Required Extensions of Service . . . . . . . . . . 23
(c) Subscriber Charges for Extensions of Service . . . 23
(d) Cooperation with Developer . . . . . . . ... . . 25
(e) Location of Drops . . . . . . . . . . . . . . . . . 25
(f) Time for extension . . . . . . . . . . . . . . . . 25
Section 20. Franchise Fee . . . . . . . . . . . . . . . . . 26
(a) Franchise Fee Payment Required . . . . . . . . . . 26
(b) Procedures for Making Franchise Fee Payments . . . 26
(c) Annual Revenue Statements . . . . . . . . . . . . . 26
(d) Acceptance of Payment Not Accord and Satisfaction . 27
(e) Payment on Termination . . . . . . . . . . . . . . 27
ii
(f) Franchisee Fee Not In Lieu of Other Lawful Charges
. . . . . . . . . . . . . . . . . . . . . . . . . 27
Section
21. Reports and Records . . . . . . . . . . . .
. . 28
Section
22. Right to Inspect
Financial Records and Facilities. . .
. . 28
(a)
Maintenance of Books and Records . . . . . . .
. . 28
(b)
City Inspection of Books and Records . . . . .
. . 28
(c)
Confidential Treatment . . . . . . . . . . . .
. . 29
(d)
City Inspection of Facilities . . . . . . . . .
. . 29
Section
23. Customer Service Requirements. . . . . . .
. . 29
Section
24. Transfer of Franchise. . . . . . . . . . .
. 30
(a)
Prior City Approval Required . . . . . . . . .
. . 30
(b)
Transfer Application Required . . . . . . . . .
. . 30
(c)
Unauthorized Transfers . . . . . . . . . . .�.
30
Section
25. Procedures for
Requesting Approval of Transfer.
31
Section
26. Renewal of Franchise. . . . . . . . . . .
. . 31
Section
27. Arbitration . . . . . . . . . . . . . . . .
. . 31
Section
28. Rates . . . . . . . . . . . . . . . . . . .
. . 31
Section
29. Enforcement Remedies. . . . . . . . . . .
. . 31
(a)
Liquidated Damages . . . . . . . . . . . . . .
. . 31
(b)
Procedures for Assessing Liquidated Damages . .
. . 33
(c)
Revocation or Termination of Franchise . . . .
. . 33
Section
30. Written Notice of Acceptance. . . . . . .
. . 34
Section
31. Severability . . . . . . . . . . . . . . .
. . 34
Section
32. Effective Date . . . . . . . . . . . . . .
. . 35
Section
33. Execution in Counterpart. . . . . . . . .
. . 35
iii
FRANCHISE AGREEMENT
A FRANCHISE AGREEMENT ENTERED INTO BETWEEN
THE CITY OF ALLEN, TEXAS, AND COMMUNICATIONS
SERVICES, INC., PURSUANT TO THE CITY OF ALLEN
CABLE COMMUNICATIONS ORDINANCE AND GRANTING A
FRANCHISE TO COMMUNICATIONS SERVICES,INC., TO
OWN, OPERATE AND MAINTAIN A CABLE TELEVISION
SYSTEM IN THE CITY OF ALLEN, AND SETTING
FORTH CONDITIONS ACCOMPANYING THE GRANT OF
SUCH FRANCHISE AND PROVIDING FOR REGULATION
AND USE OF SUCH SYSTEM.
THIS AGREEMENT, effective this 20th day of July, 1995,
is by and between the CITY OF ALLEN, TEXAS ("City"), and
Communications Services, Inc., a Kansas corporation d/b/a TCI
Cablevision of North Texas, ("CSI").
WHEREAS, pursuant to the Cable Communications Policy Act of
1984, 47 U.S.C. H521 et sea., as amended, the City may grant or -
renew a franchise to construct, operate and maintain a cable
television system; and
WHEREAS, pursuant to state law and City ordinance,_ the City
is empowered to grant cable television franchises and to regulate
cable television systems in the public interest; and
WHEREAS, on July 20, 1995, the City Council of the City of
Allen, Texas ("Council") adopted Ordinance No. 1340-6-95, the
City of Allen, Texas Cable Communications Ordinance, governing
1
the granting and regulation of cable television franchises for,
and the installation, construction and operation of, cable
television systems within the City (the "Ordinance"); and
WHEREAS, CSI desires to renew its franchise to construct,
install, maintain, and operate a cable system in the City, and
has applied to the City for a renewal of its franchise to
construct, install, maintain and operate a cable system in the
City; and
WHEREAS, the construction, installation, maintenance, and
operation of such a system involves the use and occupation of the
Streets of the City, over which the City exercises governmental
control; and
WHEREAS, the Council has evaluated CSI's application in
light of the requirements of federal and state law and the
Ordinance, and has conducted public hearings on CSI's
application; and
WHEREAS, the Council has relied on CSI's representations and
has considered all information presented to it by CSI, by City
staff, by its consultants, and by the public; and
WHEREAS, based on said representations, the Council has
determined that a renewal of CSI's nonexclusive franchise to
construct, install, maintain and operate a cable system in the
2
City, subject to the terms and conditions set forth herein and in
the Ordinance, is consistent with the public interest; and
WHEREAS, on July 20, 1995, the Council determined to renew
CSI's non-exclusive franchise to own, construct and operate a
cable television system within the City, subject to the terms and
conditions of the Ordinance and to the City and CSI reaching
agreement on the terms of a franchise agreement; and
WHEREAS, the City Manager has negotiated terms and
conditions for the construction and operation of said cable
television system with CSI.
NOW, THEREFORE, in consideration of the City's renewal of
CSI's franchise to own, construct, install, maintain and operate
a cable system within the City, and to use and occupy the Streets
of the City for that purpose, and in consideration of CSI's
promise to provide cable service to residents of the City
pursuant to the Ordinance and under the terms and conditions set
forth herein, and in consideration of the promises and.,
undertakings herein, and other good and valuable consideration,
the receipt and the adequacy of which is hereby acknowledged, the
franchise is hereby granted and
THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS:
3
Section 1. Definitions.
The definitions in the Ordinance, as such existed on
the effective date hereof and except as otherwise set forth
herein, shall govern this Franchise Agreement. In addition, the
following definitions shall apply:
(a) Franchisee means Communications Services, Inc., a
Kansas corporation and its lawful and permitted successors,
assigns and transferees pursuant to Sections 24 and 25 of this
Agreement and Sections 8 and 24 of the Ordinance.
(b) Ordinance or Cable Ordinance means City Ordinance No.
1340-6-95, governing the granting and regulation of cable
television franchises for, and the installation, construction and
operation of, cable television systems within the City.
Section 2. Grant of Franchise.
(a) Scope of Franchise. Subject,to the terms of this
Franchise Agreement and of the Ordinance, the City hereby grants
Franchisee a franchise for the right and privilege to own,
construct, install, maintain and operate a cable system and
provide cable service within the legal boundaries of the City,
and such other areas as may hereinafter be annexed or
incorporated by the City during the term of this franchise.
4
(b) Lawful Purposes.
The cable system herein
franchised shall be used and operated consistent with applicable
law and for lawful purposes.
(c) Conflicts. In the event of a conflict or
ambiguity between the Cable Act and the Franchise Agreement, the
Franchise Agreement shall control except to the extent preempted
by federal law and regulation.
Section 3. Term and Acceptance of Franchise.
(a) Term. Subject to subsection 29(c) hereof this
franchise shall be for a period of fifteen (15) years. It shall
commence upon the date of Council adoption of Ordinance No. 1341-
6-95 approving grant of the franchise and this Franchise
Agreement, provided that Franchisee accepts the Franchise
pursuant to subsection (b) hereof.
(b) Acceptance. Franchisee shall accept and execute this
Franchise Agreement within forty-five (45) calendar days from the
date of the Council ordinance approving the grant of the
franchise. Section 4. Non -Exclusive Franchise.
The Franchisee's right to use and occupy the Streets shall
not be exclusive, and the City reserves the right to grant a
similar or other use of said Streets, or any portions thereof, to
k,
any person, or to make such use itself, at any time during the
term of this Franchise Agreement.
Section 5. Franchise Subject to Cable Act, the
Ordinance. Other Laws and Police Power,
(a) Subject to Applicable Law. This Franchise is
subject to, and shall be governed by, all terms, conditions and
provisions of the Cable Act and all other applicable federal and
state law, and any amendments thereto.
(b) Subject to Ordinance. The Franchisee is subject
to, and hereby agrees that it will comply with, the Ordinance as
in effect on the date that Franchisee accepts this Franchise
Agreement, provided, however, that if any term of this Agreement
conflicts with a provision of the Ordinance, the Franchise
Agreement shall control.
(c) Subject to Police Power. The Franchisee shall at
all times be subject to all lawful exercise of the police power
of the City, and this Agreement is not intended to limit the
City's lawful exercise of such power in any way.
Section 6. Insurance.
(a) Insurance Maintained. Franchisee shall obtain
and maintain insurance of the types and minimum amounts required
M
in Section 10 of the Ordinance in such a manner as to comply with
each and every requirement of that Section.
(b) Certificate of Insurance. A certificate of
insurance shall be filed and maintained with the City. The
certificate of insurance filed pursuant to this subsection must
contain a statement that the City shall receive at least thirty
(30) days advance written notice of any cancellation of insurance
or reduction in coverage.
(c) Proof of Compliance. The Franchisee shall
provide proof to the City of compliance with this Section within
forty-five (45) days of the Franchisee's acceptance of this
Franchise Agreement.
Section 7. Indemnification of the City.
Franchisee agrees to indemnify the City, its officials,
officers, boards, commissions, commissioners, and employees
pursuant to Section 10 of the Ordinance
Section 8. Construction Bond.
Pursuant to Section 12 of the Ordinance, Franchisee shall
furnish a construction bond in favor of the City in the amount of
Fifty Thousand Dollars ($50,000). The construction bond shall be
furnished to the City within thirty (30) days of the commencement
7
of construction to upgrade or rebuild the Cable System. The
construction bond shall be maintained until the City Manager has
determined in writing that the cable system upgrade or rebuild
required by Section 11 hereof is completed and for three (3)
months after such determination. Such determination by the City
shall not be unreasonably withheld.
Section
9.
Guarantee -in -Lieu -of -Bond
and Security
Fund.
(a) Security
Fund Required.' Pursuant to
Section 11
of the
Ordinance, Franchisee shall, within forty-five (45) days of the
effective date of this Franchise Agreement, post a security fund
composed of (i) a Guarantee -in -Lieu -of -Bond from TCI
Communications, Inc., a Delaware corporation ("GIL Bond") in the
amount of Fifty Thousand Dollars ($50,000); and (ii) a cash
security fund ("CSF") in the amount of Five Thousand Dollars
($5,000) (the GIL Bond and CSF being collectively referred to
herein as the "Security Fund"). The Security Fund shall serve as
security for Franchisee's faithful performance of all provisions
of this Franchise Agreement.
(b) City's Right to Drawdown of the Fund. If after thirty
(30) calendar days' written notice Franchisee fails to pay to the
1.1
City any fees or taxes due and unpaid, or any liquidated damages,
damages, costs or expenses that the City has incurred by reason
of any act, omission or default of Franchisee in connection with
this Franchise Agreement; or fails after_ thirty (30) days notice
of such failure by City, to comply with any provision of the
Franchise Agreement which the City reasonably determines can be
remedied by demand on the Franchisee, the City may immediately,
at its sole election, either withdraw such amount from the CSF or
request payment of the amount thereof from the GIL Bond. Upon
such withdrawal or request for payment, the City shall notify
Franchisee in writing of the amount and date thereof.
(c) Disposition of Fund on Revocation. The Security Fund
shall become the property of the City in the event the franchise
is lawfully revoked. Franchisee is entitled to return of the
balance of the Security Fund that remains following any other
form of expiration of the franchise, provided that there is no
outstanding default or unpaid amounts owed to the City by
Franchisee.
(d) Disposition of Fund on Other Termination. If the
franchise terminates for reasons other than revocation, any
Security Fund remaining will be returned to Franchisee within one
(1) year of the termination date of the franchise, provided.there
is no outstanding default or unpaid amounts owed to the City by
Franchisee.
(e) City's Rights Reserved. The rights reserved to the
City under this Section are in addition to all other rights of
the City, whether reserved in this Franchise Agreement or in the
Ordinance, or authorized by other law, and no action, proceeding
or exercise of a right with respect to the Security Fund will
affect any other right the City may have.
Section 10. Use of Streets. �.
Franchisee agrees at all times to comply with and abide by
Section 21 of the Ordinance.
Section
11.
System
Rebuild and Upgrade.
(a) System
Upgrade.
Franchisee
shall upgrade its system
so that, within twenty-four (24) months of the effective date of
this Franchise Agreement, the system will be capable of
delivering a minimum of seventy (70) activated channels of video
programming to subscribers, and the system shall provide at least
seventy (70) channels of video programming to subscribers.
(b) No Limitation on Further Upgrade. Nothing in this
Section shall prevent Franchisee from completing the upgrade of
the cable system earlier than required in this Franchise
10
Agreement or from providing more channels or greater capacity
than the minimum specified in this Franchise Agreement.
(c) Most Favored Nations. Franchisee shall install and
employ in its system at all times during the term of this
Agreement, any state-of-the-art broadcast, system facilities,
programming, transmission, security and other system technology
(exclusive of pilot tests and/or demonstration projects) as
defined, identified and installed by Franchisee in its (or its
Affiliates') cable systems throughout the Dallas/Fort Worth
Metroplex area. Franchisee shall install and employ digital
compression, fiber technology, and additional activated channels
throughout it system in the City no later than any such
technology or additional channels are installed and employed by
Franchisee (or its Affiliates) in the first fifty percent (50%)
of their cable systems throughout the Dallas/Fort Worth Metroplex
area.
(d) Limitation of Cost Pass-Throughs. No cost associated
with the rebuild or upgrade required by this Section, or any
subsequent upgrade, shall be passed through to subscribers of the
system, unless that cost pass-through is approved by FCC rules
and regulations, and is also passed through to subscribers of
other Metroplex communities served by systems of Franchisee.
11
Section 12.
Minimum Facilities
and
Services.
(a) Minimum
Capacity at Effective
Dates.
At the
effective date of this Franchise, Franchisee's cable system
shall, at a minimum, (1) have a channel capacity of at least
thirty-nine (39) video channels, with at least thirty-nine (39)
activated downstream video channels in operation; (2) have at
least two channels dedicated to public, educational or
governmental access use; and (3) be addressable.
(b) Free Service to Certain Facilities. Franchisee
agrees to provide one outlet of Basic service and the lowest
cable programming ("CPS") tier, without charge, to all current
City offices and all schools holding five (5) or more full-time
employees of the City or the schools and all such offices and
schools that may be constructed or opened within the City during
the term of this Franchise Agreement and that are passed by the
Franchisee's cable system. The outlets of Basic Service and the
lowest CPS tier shall not be used to distribute or sell services
in or throughout such buildings, nor shall such outlets be
located in areas open to the public. Users of such outlets shall
take reasonable precautions to prevent any use of the
Franchisee's system and such outlets in any manner that results
in inappropriate use of the system or outlets or loss or damage
12
c
to the System or that results in violation of applicable laws and
regulations governing such use, including but not limited to,
copyright laws. The Franchisee shall not be required to provide
an outlet to such buildings where the drop line from the feeder
cable to said buildings or premises exceeds 150 cable feet unless
the appropriate governmental entity agrees to pay the incremental
cost of such drop line in excess of 150 cable feet. Except as
otherwise required herein, if additional outlets of Basic Service
and the lowest CPS tier are provided to such buildings, the
building owner shall pay the usual outlet installation fees
associated therewith, including, but not limited to, labor and
materials.
(c) Closed Captioned Signals. All video signals
received for transmission over the system to subscribers that
contain closed circuit captioning information for the hearing
impaired shall contain such information in the form received when
transmitted over the system to subscribers.
(d) System Compatibility. Franchisee shall configure its
system so that subscribers with cable -ready television sets that,
as of June 1, 1995, could receive basic service without the need
of a converter can continue to receive, for a period of at least
13
three (3) years after the effective date hereof, at least the
same number of channels without the need for a converter.
Section 13. Technical Standards.
Franchisee shall maintain and operate its cable system, at a
minimum, in full compliance with the terms of Section 14 of the
Ordinance and with all FCC technical, signal quality and system
compatibility standards.
Section 14. Proof of Performance Tests.
Franchisee shall comply with Section 14 of the Ordinance and
all applicable FCC rules governing proof -of -performance testing
of cable systems.
Section 15. Access Channels and Facilities.
(a) Access Channels. Franchisee shall provide to the City,
voluntarily and without charge, a minimum of three (3) and a
maximum of five (5) activated downstream access channels, and,
upon completion of the system upgrade required by Section 11
hereof, two (2) activated upstream channels on the system which
the City or a designated access organization ("DAO") may elect.to
use, in whole or in part, for video or audio services for public,
educational and/or governmental access use on the following terms
and conditions:
14
(1) Franchisee agrees that, beginning on the effective
date hereof, it will provide two (2-) activated downstream access
channels (the "Initial Downstream Channels").
(2) Upon six (6) months written notice and demand by
the City, Franchisee shall provide additional access channels
("Additional Access Channels") up to a maximum of three (3)
Additional Access Channels during the term of this franchise on
the following basis: Whenever the Initial Downstream Channels
(and, where applicable, any Additional Access Channel(s) already
in use for access purposes) are in use for access purposes, with
first -run programming, during 50 percent of the hours between
10:00 am and 10:00 pm during any consecutive 5 weeks running, or
when the City otherwise reasonably demonstrates that there is
demand for use of an Additional Access Channel, Franchisee shall
provide an Additional Access Channel.
(3) The access channels to be provided to the City as
set forth in Sections 15(a)(1)-(2) hereof may be allocated by the
City to any or all of the three categories of access use (public,
educational or governmental) at the sole discretion of the City,
provided that the City will ensure that at least one channel is
dedicated to educational access.
15
(4) The Franchisee shall provide one transmission
connection/drop in a designated building or facility for use by
the City, and one such connection/drop in a designated building
or facility for educational and/or public access use(such two
locations hereafter referred to as "Designated Locations"). The
Franchisee shall provide all the necessary equipment to ensure
that the two Designated Locations for PEG access are capable of
transmitting video and audio signals to the headend for live
distribution over the System to Subscribers. The cost for any
additional transmission connection/drop sites beyond the two
Designated Locations shall be incurred by the requesting entity.
Necessary trunk and distribution cables will be routed by
Franchisee near the two Designated Locations, and drops will be
extended by Franchisee to a service point inside the Designated
Locations. All uses of the Access Channels by Franchisee mast
comply with Section 611 of the Cable Act and with any guidelines
established thereunder by the City or by public, educational, or
governmental agencies authorized to use such Access Channels.
(5) The City agrees to hold Franchisee harmless from
any damage or liability arising out of use of its access channel
provided that Franchisee exercises no editorial control over the
programming giving rise to any such damage or liability. City
16
shall take reasonable precautions to prevent use of the
channel(s) in any manner that results in inappropriate use of the
cable system, or any loss or damage to the cable system.
(6) Franchisee agrees that all PEG access channels
will be provided to subscribers on the system as a part of basic
service and that, if Franchisee publishes any program listing or
guide or controls the content of any cablecast of any programming
listing or guide, and provided further that such information is
supplied to Franchisee, Franchisee will publicize programming on
the access channels as a part of any ordinary printed program
listings it provides or will include access channel programming
listings in any monthly program guide Franchisee controls and
sends to subscribers, provided that information concerning access
channel programming is provided to Franchisee within the time
that other programmers are required to provide such information
for inclusion in such program listings or program guide.
(7) The City reserves the right to designate or
establish one or more DAOs for the purpose of developing,
managing, administering or using all or any part of any access
channel or access channels.
(8) Studio Availability and Use.
17
(A) Franchisee shall make available a fully
equipped local area production facility for use by the City and
public access users.
(B) Franchisee shall continue to inform the City
and the public of any guidelines and training requirements they
must meet prior to the use of any of Franchisee's equipment
dedicated for use by the public. Franchisee will continue to
provide qualified staff between 8:00 a.m. and 5:00 p.m., Monday
through Friday, for training, video taping, editing, and
production purposes. These services shall not be deducted from
the franchise fee.
(C) Franchisee will provide, free of charge,
production crews to the City for off-site video shooting and
subsequent production upon request for a period beginning on the
effective date hereof and ending six months after equipment is
installed at City facilities pursuant to Section 15(b)(3) hereof.
(9) During those hours that an Access Channel is not
being utilized for access purposes, the City may permit the
Franchisee to utilize unused Access Channel capacity under rules
and procedures established by the City. An Access Channel
permitted by the City for "interim" use hereunder is to be
restored to its original use whenever the demand for use, as
m
reasonably demonstrated by the City, indicates that an excessive
number of people or programs are being denied access due to lack
of channel capacity availability.
(b) Access Facilities and Equipment.
(1) Upon completion of the system upgrade required
by Section 11 hereof, Franchisee shall provide all on-site
cabling necessary to permit both live and delayed cablecast of
all City Council meetings and other City or public meetings,
events and programs held in a Designated Location to all
subscribers in the City.
(2) The upstream system electronic and distribution
facilities and equipment and cabling provided by Franchisee shall
be of sufficient quality and performance specifications to enable
all material cablecast on the access channels provided pursuant
to this Agreement to meet all video and audio signal quality
standards adopted by the FCC when transmitted downstream to
subscribers, including any such standards as may be adopted or
amended during the term of this Franchise Agreement to the extent
the Franchise is required to comply with such additional or
amended standards.
(3) Franchisee shall, within six (6) months of the
effective date of this Agreement, provide the City with the
19
equipment set forth in Exhibit A hereto, and the Allen
Independent School District with the equipment set forth in
Exhibit B hereto.
(4) The parties hereby agree that the facilities,
equipment and monetary grant to be provided by Franchisee
pursuant to this Section 15 hereof constitute capital costs which
are required by the franchise to be incurred by Franchisee for
public, educational, or governmental access facilities within the
meaning of Section 622(g)(2)(C) of the Cable Act, 47 U.S.C.
§ 542(g)(2)(C); that such facilities, equipment and grant do not
constitute a franchise fee within the meaning of Cable Act, state
law, the Ordinance, or this Franchise Agreement; and that
Franchisee hereby waives, and will not assert in any proceeding,
any claim to the contrary.
(c) Franchisee's
Agreement to
Bill
Collect
and Remit Any
Access Support Charge.
Franchisee
agrees
that
the City may, by
ordinance, impose on cable subscribers a per -subscriber Access
Support Charge that, if imposed by the City, Franchisee will
include as a line item in its subscriber bills, collect from
subscribers, and remit to the City on a quarterly basis. Such an
Access Support Charge, if imposed, (i) would not exceed 40 cents
M
($0.40) per subscriber per month during the first five years of
the franchise term, and would not exceed fifty cents ($0.50) per
subscriber per month thereafter; (ii) and would be imposed
equally on all subscribers of any and all cable operators
franchised by the City. Franchisee further agrees that, if
imposed, such an Access Support Charge would not constitute a
franchise fee within the meaning of Section 622 of the Cable Act,
47 U.S.C. § 542, state law, the Ordinance or this Franchise
Agreement; and Franchisee hereby waives any claim to the
contrary. Any Access Support Charge collected by Franchisee
shall not constitute, nor be included in, Franchisee's Gross
Revenues for purposes of calculating franchise fees owed the
City.
Section 16. Commercial Leased Access.
Franchisee shall provide commercial leased access channels
as required by federal law.
Section 17. Emergency Use of Facilities.
(a) Emergency Interrupt System. Franchisee shall, at its
own cost and expense, install an emergency interrupt system in
the headend of the System for the benefit of the City. This
emergency interrupt system may be remotely activated by the City
21
by installing a touch-tone telephone line. This telephone line
will be at the expense of the City. In the case of an emergency
or disaster, the City shall be able to use the remote telephone
to provide emergency information and instructions during the
emergency or disaster period. The City shall only permit
designated persons to operate the emergency override system, and
shall take reasonable precautions to prevent any use of the
emergency override system in any manner that results in
inappropriate use of the override system, or any loss or damage
to the Cable System.
(b) Implementation Plan. Within three (3) months of the
effective date of this Franchise Agreement, Franchisee shall
furnish to the City a written plan setting forth the procedures
for implementing and using the audio override capability set
forth in subsection (a) of this Section.
(c) Emergency Standby Power. Franchisee shall provide
standby power generating capacity at the cable system headend,
capable of providing at least four (4) hours of emergency power
supply.
Section 18. Lock -out Devices.
Franchisee shall make available at reasonable charge to any
residential subscriber, upon the request of such subscriber, a
22
"parental guidance" or "lock -out" device which shall permit the
subscriber, at his or her option, to eliminate the audio and
visual transmissions from any channel reception. Franchisee
shall advise all residential subscribers at least annually of the
availability of such devices.
Section 19. Line Extension Policy.
(a) Currently Served Subscribers. Franchisee shall continue
to make service available to all homes passed by the Franchisee's
cable system as of June 1, 1995.
(b) Required Extensions of Service. Franchisee shall
extend its trunk or distribution line to subscribers at no cost
to.said subscribers other than the usual installation charges in
any area of the City having a density of at least 15 residences
within 5280 cable -bearing strand feet (one cable mile), or
proportionate fraction thereof, of Franchisee's trunk or
distribution cable; provided that such extension is technically
feasible, and if it will not adversely affect the operation,
financial condition, or market development of the System, or as
otherwise provided for under this Section 19.
(c) Subscriber Charges for Extensions of Service. No
subscriber shall be refused service arbitrarily. However, where
(1) a subscriber requests to locate his cable drop underground
23
where other utilities are not so located; or (2) the distance
from distribution cable to connection of service to a subscriber
is more than 150 feet; or (3) density in the area is less than 15
residences per 5280 cable -bearing strand feet (one cable mile) of
trunk or distribution cable, Franchisee may make service
available on the basis of a capital contribution in aid of
construction, including cost of material, labor, and easements.
For the purpose of determining the amount of capital contribution
in aid of construction to be borne by the Franchisee and
Subscribers in the area in which service may be expanded, the
Franchisee will contribute an amount equal to the construction
and materials cost per mile, multiplied by a fraction whose
numerator equals the actual number of residences per 5280 cable -
bearing strand feet of its trunks or distribution cable, and
whose denominator equals 15 residences or a proportional number
of subscribers for fractions of a mile. Potential subscribers
who request service hereunder will bear the remainder of the
construction and other costs on a pro rata basis. The Franchisee
may require that the payment of the capital contribution in aid
of construction borne by such potential subscribers be paid in
advance.
24
(d) Cooperation with Developer.
For the extension of
service into areas which are in the process of being developed,
the Franchisee will cooperate with the developer to install cable
for a capital contribution paid by the developer and upon such
terms and conditions as agreed between the developer and the
Franchisee. The amount of capital contribution to be paid by the
developer for installation of future service provisions for
reimbursement of such contribution shall be in accordance with
the terms and conditions of the agreement between the Franchisee
and the developer. Franchisee agrees that it will reimburse the
developer for contributions made by the developer on an annual
basis over a period of not less than three (3) years.
(e) Location of Drops. Except as federal regulations may
otherwise require, in any area where Franchisee would be entitled
to install a drop above -ground, Franchisee will provide the
Subscriber the option to have the drop installed underground, but
may charge the homeowner the difference between the rate for the
above -ground installation and the rate for the underground
installation.
(f) Time for extension. Franchisee must extend service to
any person within the service area who requests it (1) within
five (5) business days of the request, where service can be
25
provided by activating or installing a drop; (2) within thirty
(30) days of the request within the existing City limits as of
the effective date of this Franchise Agreement, or where an
extension of one-half mile or less is required; or (3) within six
(6) months for subsequently annexed areas where an extension of
one-half mile or more is required.
Section 20. Franchise Fee.
(a) Franchise Fee Payment Required. In consideration of
the privilege granted herein to use and occupy the Streets to
own, construct, install, maintain and operate its cable system,
Franchisee shall pay to the City a franchise fee equal to five
percent (5%) of its Gross Revenues as defined in Section 2(q) of
the Ordinance.
(b) Procedures for Making Franchise Fee Payments.
Franchisee shall pay the franchise fee to the City in full
compliance with the requirements set forth in Section 16 of the
Ordinance.
(c) Annual Revenue Statements. The annual revenue
statements required to be filed by the Franchisee with the City
pursuant to Section 16(f) of the Ordinance shall be certified as
26
true and correct by a certified public accountant. Franchisee
shall bear the cost of the preparation of such statements.
(d) Acceptance of Payment Not Accord and Satisfac.i n.
The acceptance by the City of any payment from
Franchisee of the franchise fez shall not constitute a release or
an accord and satisfaction of any claim the City may have against
Franchisee for performance of any of its obligations under the
Ordinance, this Franchise Agreement, or local, state or federal
law, including, without limitation, Franchisee's obligation to
pay the proper franchise fee amount owed.
(e) Payment on Termination. Following the expiration and
non -renewal or the lawful termination for any reason of its
franchise, Franchisee shall pay the franchise fee owed as of the
date that its operations ceased within ninety (90) calendar days
of ceasing such operations. Such payment shall be accompanied by
a certified Gross Revenues statement prepared by a certified
public accountant showing the revenues received by Franchisee
since the end of the previous fiscal year.
(f) Franchisee Fee Not In Lieu of Other Lawful Charges.
Franchisee expressly agrees that: (i) franchise fee payments
shall be in addition to any and all other taxes and fees of a
general nature and not applicable solely to cable television
27
operations within the City; and (ii) Franchisee shall not have or
make any claim for any deduction or other credit of all or any
part of the amount of said franchise fee payments from or against
any of said City taxes or other fees or charges which. Franchisee
is required to pay to the City, except as agreed herein or
required by law.
Section 21. Reports and Records.
Franchisee shall furnish the City with all of the
information as required under Sections 17 and 18 of the—
Ordinance.
Section 22. Right to Inspect
Financial Records and Facilities.
(a) Maintenance of Books and Records. Franchisee shall
maintain a complete set of books and records, including plans,
contracts, engineering, accounting, financial, statistical, and
customer service records reasonably necessary for the enforcement
of the franchise as required under Sections 17 and 18 of the
Ordinance.
(b) City Inspection of Books and Records. The City shall
have the right to inspect, at Franchisee's local office, the
books and records necessary and pertinent to the enforcement of
the franchise and as may be required by the City to perform its
28
regulatory responsibilities under this Franchise and applicable
state and federal law. The City agrees to carry out any such
inspection during Franchisee's normal business hours and upon
reasonable notice. Access by the City to those books and records
of Franchisee necessary to the enforcement of the franchise and
as required by the City to perform its regulatory
responsibilities shall not be denied on grounds that such books
and records contain proprietary or confidential information.
(c) Confidential Treatment. Upon the Franchisee's written
request, the City shall accord all books and records that it
inspects under this Section the degree of confidentiality such
books and records are entitled to under federal and state law.
(d) City Inspection of Facilities. The City shall have
the right to inspect Franchisee's facilities and property during
Franchisee's normal business hours and upon reasonable notice.
Section 23. Customer Service Requirements.
Franchisee agrees to comply with each of the customer
service requirements set forth in Section 18 of the Ordinance.
29
Section 24. Transfer of Franchise.
(a) Prior City Approval Required. Except -as provided in
Section 24 of the Ordinance, Franchisee shall not assign, sell or
transfer its franchise, or any right, title, or interest in same,
this Franchise Agreement, or its cable system, nor shall control.
of Franchisee or any lawful successor be transferred, or
assigned, without prior written notice to and approval of the
City, and only then upon such terms and conditions as the City
deems necessary and proper, such consent by the City not to be
unreasonably withheld.
(b) Transfer Application Recruired. Franchisee shall
file an application to transfer its franchise or to transfer
control of Franchisee in full compliance with Sections 9 and 24
of the Ordinance.
(c) Unauthorized Transfers. In the event of an
unauthorized transfer in violation of this Section or of the
Ordinance, and after the City gives the Franchisee notice and
opportunity to be heard or to cure, the entire amount of the
security fund established pursuant to Section 11 hereof shall
revert to the City, and Franchisee shall be subject to all
applicable sanctions set forth in this Agreement and the
9M
Ordinance, including without limitation Sections 22 and 25 of the
Ordinance, and Section 29 of this Franchise Agreement.
Section 25. Procedures for
Requesting Approval of Transfer.
Franchisee shall comply with the provisions of Section 8 and
24 of the Ordinance concerning transfers of franchises.
Section 26. Renewal of Franchise.
Renewal of the Franchise shall be governed by and comply
with the provisions of Section 626 of the Cable act as amended
unless preempted and superseded by subsequent provisions of
federal or state law.
Section 27. Arbitration.
No dispute between the City and Franchisee under this
Franchise Agreement shall be arbitrable.
Section 28. Rates.
Franchisee agrees to abide by Section 28 of the ordinance.
Section 29. Enforcement Remedies.
(a) L_�uidated Damages. Because the City will suffer
damages from any violation by Franchisee of this Agreement, which
damages may be difficult to quantify, the City and Franchisee
agree to the following schedule of liquidated damages:
31
(1) For failure to substantially complete the system
upgrade as required by Section 11 hereof or to substantially
complete line extensions and offer service as required by Section
19 hereof, unless the City specifically approves a delay caused
by the occurrence of conditions beyond Franchisee's control,
Franchisee shall pay Five Hundred Dollars ($500) per day for each
day, or part thereof, the deficiency continues.
(2) For material failure to provide data, documents,
reports or information in a timely manner as required by this
Franchise Agreement, Franchisee shall pay Fifty Dollars ($ 50)
per day, or part thereof, that each violation occurs or
continues.
(3) For material failure to provide signal quality
consistent with and as required by this Franchise Agreement, or
FCC rules, Franchisee shall pay Fifty Dollars ($ 50) per day for
each day, or part thereof, that such noncompliance continues.
(4) For failure to comply with any other material
provision of this Franchise Agreement or the Ordinance within
thirty (30) days of receipt of notice of such non-compliance,
Franchisee shall pay One Hundred Fifty Dollars ($150) per day for
each day, or part thereof, that such non-compliance continues.
32
(5) For failure to substantially comply with
reasonable and lawful orders of the City within its police
powers, Franchisee shall pay Fifty Dollars ($50) per day for each
day, or part thereof, that noncompliance continues.
(b) Procedures for Assessing Liquidated Damages. Before
assessing liquidated damages against Franchisee, the City shall
give Franchisee written notice of its intention to assess such
damages. Following receipt of such notice, Franchisee and the
City shall have a thirty (30) day period during which time
7
Franchisee and the City shall make good faith reasonable efforts
to resolve the dispute in question or cure the noncompliance. If
the dispute is not resolved in that thirty (30) day period, the
City may collect liquidated damages owed, either through draw-
down of the Security Fund as provided in Section 11 of the
Ordinance and in Section 9 of this Agreement, or through any
other means allowed by law.
(c) Revocation or Termination of Franchise. In the event
the City lawfully revokes or terminates the franchise, the
procedures set forth in Section 25 of the Ordinance shall apply.
33
Section 30. Written Notice of Acceptance.
Within forty-five (45) days of the Council ordinance
approving the grant of this franchise, Franchisee shall provide
the City with written acceptance of all the terms and conditions
of this Franchise Agreement.
Section 31. Severability.
In the event that a court or agency of competent
jurisdiction declares that any nonmaterial provision of this
Franchise Agreement is unenforceable according to its terms or is
otherwise void, or in the event a nonmaterial provision is
preempted by federal or state laws, rules or regulations, said
provision shall be considered a separate, distinct, and
independent part of this Agreement, and such declaration shall
not affect the validity and enforceability of all other
provisions of this Agreement. In the event that a court or
agency of competent jurisdiction declares that any material
provision of this Agreement is unenforceable according to its
terms or is otherwise void, or in the event a material provision
is preempted by federal or state laws, rules or regulations, the
City and the Franchise shall negotiate in good faith to agree to
a revised provision that is mutually acceptable, and which is
enforceable. By way of illustration and not limitation, the
34
following provisions shall be considered material for purposes of
this Section 32: Sections 5(c) (Franchise Subject to Exercise of
Police Powers), 11 (System Rebuild and Upgrade), 12 (Minimum
Facilities and Services), 15 (Access Channels and Facilities),
and 20 (Franchise Fee).
Section 32. Effective Date. The effective date of this
Franchise shall be the date on which the Council passes an
ordinance approving this Franchise Agreement, provided that
Franchisee timely accepts as provided herein.
Section 33. Execution in Counterpart.
This Franchise Agreement, accepted this 20th day of July,
1995, subject to applicable law, may be executed in counterpart.
State of Colorado )
County of v1J ) SS
COMMUNICATIONS SERVICES, INC.
t I ;AC�A
By
Name Tom Van Bockern
Title: Executive Vice President
Dated: JURus o?ya l �iS'S
35
Subscribed before me this 202' day of OLL4cjtcSf, lays by
2n,-_ P)as of
`�tL�.•••••• �• �nications Services, Inc. AS WITNESS may hand and
Seal.
- --0-0-0- _
"77-
• of dy Public
% •,• •.•'t�V��` MY COMMISSION EXPIRES:
sion expires: June 1, 1997
llllli�
* * * * * * * * * * * * * *
PASSED, APPROVED AND ADOPTED in Regular Council Session this
2Oth day of July , 1995.
CITY OF ALLEN TEXAS
BY: �
ayor -
Joe Farmer, MAYOR
ATTEST:
Ci Seetary
APPROVED AS TO FORM BY:
City Attorney
WAFS1\38581.8\104038-00001
36
SECOND PZADr1c
DRAFT
July 6, 1995
ORDINANCE NO. 1341-6-95
AN ORDINANCE GRANTING A FRANCHISE TO COMMUNICATIONS
SERVICES, INC., TO CONSTRUCT, MAINTAIN, AND OPERATE A CABLE
TELEVISION SYSTEM WITHIN THE CITY OF ALLEN UNDER THE
PROVISIONS OF ORDINANCE NO. 1340-6-95.
WHEREAS, pursuant to the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as
amended, the City may grant or renew a franchise to construct, operate and maintain a cable television system;
and
WHEREAS, pursuant to state law and City ordinance, the City is empowered to grant cable television
franchises and to regulate cable television systems in the public interest; and
WHEREAS, on 1995, the City Council of the City of Allen, Texas ("Council") adopted
Ordinance No. 1340-6-95, the City of Allen, Texas Cable Communications Ordinance, governing the granting
and regulation of cable television franchises for, and the installation, construction and operation of, cable
television systems within the City (the "Ordinance"); and
WHEREAS, Communications Services, Inc. ("CSI") desires to renew its franchise to construct, install,
maintain, and operate a cable system in the City, and has applied to the City for a renewal of its franchise to
construct, install, maintain and operate a cable system in the city; and
WHEREAS, the construction, installation, maintenance, and operation of such a system involves the use and
occupation of the streets of the City, over which the City exercises governmental control; and
WHEREAS, the Council has evaluated CSI's application in light of the requirements of federal and state law
and the Ordinance, and has conducted a public hearing on CSI's application; and
WHEREAS, based on said representations, the Council has determined that a renewal of CSI's nonexclusive
franchise to construct, install, maintain and operate a cable system in the City, subject to the terms and
conditions set forth herein and in the Ordinance, is consistent with the public interest; and
WHEREAS, on 1995, the Council determined to renew CSI's non-exclusive franchise to
own, construct and operate a cable television system within the City, subject to the terms and conditions of the
Ordinance and to the City and CSI reaching agreement on the terms of a franchise agreement; and
WHEREAS, the City Manager has the negotiated terms and conditions for the construction and operation of
said cable television system with CSI.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1: The attached Cable Television Franchise Agreement between the City of Allen, Texas, and
Communications Services, Inc., which grants CSI a cable television franchise for a term of fifteen (15) years,
and which Agreement is attached hereto and made a part of this Ordinance, be and the same is hereby approved
and the Mayor is hereby authorized to execute said Agreement on behalf of the City.
SECTION 2. CSI shall have forty-five (45) days from the effective date hereof to execute and accept such
Agreement.
SECTION 3. Ordinance Nos. 247 and 291 are hereby extended for a period not to exceed forty-five (45)
days from the effective date hereof.
SECTION 4. Upon CSI's acceptance of the attached Agreement, Ordinance Nos. 247 and 291 shall be
repealed.
SECTION 5. This Ordinance shall become effective on the later of (a) the date of its adoption; and (b) the
date on which Ordinance No. becomes effective.
SECTION 6. If any part, section, subsection, or other portion of this Ordinance or any application thereof
to any person or circumstance in declared void, unconstitutional or invalid for any reason, such part, section,
subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining
provisions of this Ordinance, and all applications thereof not having been declared void, unconstitutional or
invalid, shall remain in full force and effect. The City declares that no invalid or prescribed provision or
application was an inducement to the enactment of this Ordinance, and that it would have enacted this
Ordinance regardless of the invalid or prescribed provision or application.
SECTION 7. The City Secretary shall cause this Ordinance to be published in a manner prescribed by law.
PRESENTED AND GIVEN SECOND READING ON THE 6TH DAY OFTULYY, 1995 AT THE
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS.
APPROVED:
G C�
Joe Farmer, MAYOR
ATTEST:
J y Mor on, CMC, CITY SECRETARY
Ordinance No. 1341-6-95 Page 2
FIRST READING
DRAFT
June 15, 1995
ORDINANCE NO. 1341-6-95
AN ORDINANCE GRANTING A FRANCHISE TO COMMUNICATIONS
SERVICES, INC., TO CONSTRUCT, MAINTAIN, AND OPERATE A CABLE
TELEVISION SYSTEM WITHIN THE CITY OF ALLEN UNDER THE
PROVISIONS OF ORDINANCE NO. 1340-6-95.
WHEREAS, pursuant to the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as
amended, the City may grant or renew a franchise to construct, operate and maintain a cable television system;
and
WHEREAS, pursuant to state law and City ordinance, the City is empowered to grant cable television
franchises and to regulate cable television systems in the public interest; and
WHEREAS, on 1995, the City Council of the City of Allen, Texas ("Council") adopted
Ordinance No. 1340-6-95, the City of Allen, Texas Cable Communications Ordinance, governing the granting
and regulation of cable television franchises for, and the installation, construction and operation of, cable
television systems within the City (the "Ordinance"); and
WHEREAS, Communications Services, Inc. ("CSI") desires to renew its franchise to construct, install,
maintain, and operate a cable system in the City, and has applied to the City for a renewal of its franchise to
construct, install, maintain and operate a cable system in the city; and
WHEREAS, the construction, installation, maintenance, and operation of such a system involves the use and
occupation of the streets of the City, over which the City exercises governmental control; and
WHEREAS, the Council has evaluated CSI's application in light of the requirements of federal and state law
and the Ordinance, and has conducted a public hearing on CSI's application; and
WHEREAS, based on said representations, the Council has determined that a renewal of CSI's nonexclusive
franchise to construct, install, maintain and operate a cable system in the City, subject to the terms and
conditions set forth herein and in the Ordinance, is consistent with the public interest; and
WHEREAS, on 1995, the Council determined to renew CSI's non-exclusive franchise to
own, construct and operate a cable television system within the City, subject to the terms and conditions of the
Ordinance and to the City and CSI reaching agreement on the terms of a franchise agreement; and
WHEREAS, the City Manager has the negotiated terms and conditions for the construction and operation of
said cable television system with CSI.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1: The attached Cable Television Franchise Agreement between the City of Allen, Texas, and
Communications Services, Inc., which grants CSI a cable television franchise for a term of fifteen (15) years,
and which Agreement is attached hereto and made a part of this Ordinance, be and the same is hereby approved
and the Mayor is hereby authorized to execute said Agreement on behalf of the City.
SECTION 2. CSI shall have forty-five (45) days from the effective date hereof to execute and accept such
Agreement.
SECTION 3. Ordinance Nos. 247 and 291 are hereby extended for a period not to exceed forty-five (45)
days from the effective date hereof.
SECTION 4. Upon CSI's acceptance of the attached Agreement, Ordinance Nos. 247 and 291 shall be
repealed.
SECTION 5. This Ordinance shall become effective on the later of (a) the date of its adoption; and (b) the
date on which Ordinance No. becomes effective.
SECTION 6. If any part, section, subsection, or other portion of this Ordinance or any application thereof
to any person or circumstance in declared void, unconstitutional or invalid for any reason, such part, section,
subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining
provisions of this Ordinance, and all applications thereof not having been declared void, unconstitutional or
invalid, shall remain in full force and effect. The City declares that no invalid or prescribed provision or
application was an inducement to the enactment of this Ordinance, and that it would have enacted this
Ordinance regardless of the invalid or prescribed provision or application.
SECTION 7. The City Secretary shall cause this Ordinance to be published in a manner prescribed by law.
PRESENTED AND GIVEN FIRST READING ON THE 15TH DAY OF JUNE, 1995 AT THE
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS.
APPROVED:
he Farmer, MAYOR
r
ATTEST:
Jt(dVMorrjgan, CMC, CITY SECRETARY
Ordinance No. 1341-6-95 Page 2
1
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23 CABLE TELEVISION FRANCHISE AGREEMENT
24 BETWEEN THE CITY OF ALLEN, TEXAS
25 AND COMMUNICATIONS SERVICES, INC.
26
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D R A F T
June 13, 1995
RECEIVED
JUN 1 4 1995
CITY MANAGER
w
n
TABLE OF CONTENTS
D R A F T
June 13, 1995
PAGE
Section 1. Definitions . . . . . . . . . . . . . . . . . . 4
Section 2. Grant of Franchise. . . . . . . . . . . . . .
Section 3. Term of Franchise . . . . . . . . . . . . . . .
Section 4. Non -Exclusive Franchise. . . . . . . . . . . .
Section 5. Franchise Subject to Cable Act';Ia-nd the
ordinance:, tit er haw ... s* ........ . . a*"**:,n,:"iffV:,�,:o,:*:Ilq.,e ow r.
...............
SectionInsurance . . . . . . . . . . . . . . . . . . .
section Indemnification of the City. . . . . . . . . .
Section 440. SLC ibis 3ctjri Bond . . . . . . . . . . . . . . .
and
Section
'i .............
lieu w
...........................
Section 442-i"G.
Section 441T.
Section 47
Section 44.11.
Section 141
Section 4rW-1:3.
Section 441.14"...
Section X87.
section
Section 24
Section
Section 27E i.
Use of Streets . . . . . . . . . . . . . . . .
Ah.
System RebuildIF" W 4:0 . . . . . . . . . .
Minimum Facilities and services . . . . . . .
Technical Standards . . . . . . . . . . . . . .
Proof of Performance Tests. . . . . . . . . .
Access Channels and Facilities. . . . . . . .
Commercial Leased Access. . . . . . . . . . .
Emergency Use of Facilities. . . . . . . . . .
Lock -out Devices . . . . . . . . . . . . . . .
Line Extension Policy . . . . . . . . . . . . .
Franchise Fee . . . . . . . . . . . . . . . . .
Reports and Records . . . . . . . . . . . . . .
i
4
5
7
7
8
9
10
10
12
12
14
15
16
16
23
23
24
24
27
30
D R A F T
June 13, 1995
1
Section
3�:2.
Right to Inspect
2
Financial Records and Facilities. . .
. . 31
3
4
Section
34.21.
Customer Service Requirements. . . . . . .
. . 32
5
6
Section
-3-40A.
Transfer of Franchise . . . . . . . . . . .
. . 32
7
8
Section
-3-1-2.54.
Procedures for
9
Requesting Approval of Transfer.
33
10
11
Section
3-24-t.
Renewal of Franchise. . . . . . . . . . .
. . 34
12
13
Section
34.2."77.
Arbitration . . . . . . . . . . . . . . . .
. . 35
14
....
15
Section
34�-.""
Rates . . . . . . . . . . . . . . . . . . .
. . 35
16
17
Section
33,2'.9'..
Enforcement Remedies. . . . . . . . . . .
. . 36
18
19
section
3-6.30,
Areawide Interconnection. . . . . . . . .
. . 38
20
...
21
Section
Written Notice of Acceptance. o .
. . 39
22
23
Section
G4
Effective Date . . . . . . . . . . . . . .
. . 40
24
25
section
Execution in Counterpart. o . . . .
. . 40
26
ii
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
D R A F T
June 13, 1995
FRANCHISE AGREEMENT
A FRANCHISE AGREEMENT ENTERED INTO BETWEEN
THE CITY OF ALLEN, TEXAS, AND COMMUNICATIONS
SERVICES, INC., PURSUANT TO THE CITY OF ALLEN
CABLE COMMUNICATIONS ORDINANCE AND GRANTING A
FRANCHISE TO COMMUNICATIONS SERVICES,INC., TO
OWN, OPERATE AND MAINTAIN A CABLE TELEVISION
SYSTEM IN THE CITY OF ALLEN, AND SETTING
FORTH CONDITIONS ACCOMPANYING THE GRANT OF
SUCH FRANCHISE AND PROVIDING FOR REGULATION
AND USE OF SUCH SYSTEM.
THIS AGREEMENT, effective this day of
18 is by and between the CITY OF ALLEN, TEXAS ("City"), and
, 1995,
19 Communications Services, Inc., a Kansas corporation d/b/a TCI
20 Cablevision of North Texas, ("CSI").
21 WHEREAS, pursuant to the Cable Communications Policy Act of
22 1984, 47 U.S.C. §§521 et sea., as amended, the City may grant or
23 renew a franchise to construct, operate and maintain a cable
24 television system; and
25 WHEREAS, pursuant to s -0.aQ ........................an`Citjt. Q ;d�. a�l� , the City
26 is empowered to grant cable television franchises and to regulate
27 cable television systems in the public interest; and
28 WHEREAS, on , 1995, the City Council of the City of
29 Allen, Texas ("Council") adopted Ordinance No. , the City of
30
Allen, Texas
Cable Communications
Ordinance,
governing
the
31
granting and
regulation of cable
television
franchises
for, and
1
D R A F T
June 13, 1995
1 the installation, construction and operation of, cable television
2 systems within the City (the "Ordinance"); and
3 WHEREAS, CSI desires to renew its franchise to construct,
4 install, maintain, and operate a cable system in the City, and
5 has applied to the City for a renewal of its franchise to
6 construct, install, maintain and operate a cable system in the
7 City; and
8 WHEREAS, the construction, installation, maintenance, and
9 operation of such a system involves the use and occupation of the
10 Streets of the City, over which the City exercises governmental
11 control; and
12 WHEREAS, the Council has evaluated CSI's application in
13 light of the requirements of federal and state law and the
14 Ordinance, and has conducted public hearings on CSI's
15 application; and
16 WHEREAS, the Council has relied on CSI's representations and
17 has considered all information presented to it by CSI, by City
18 staff, by its consultants, and by the public; and
19 WHEREAS, based on said representations, the $ouncil has
20 determined that a renewal of CSI's nonexclusive franchise to
21 construct, install, maintain and operate a cable system in the
22 City, subject to the terms and conditions set forth herein and in
1- 23 the Ordinance, is consistent with the public interest; and
6
D R A F T
June 13, 1995
1 WHEREAS, on , 1995, the Council determined
2 to renew CSFs non-exclusive franchise to own, construct and
3 operate a cable television system within the City, subject to the
4 terms and conditions of the Ordinance and to the City and CSI
5 reaching agreement on the terms of a franchise agreement; and
6 WHEREAS, the City Manager has negotiated terms and
7 conditions for the construction and operation of said cable
8 television system with CSI.
9 NOW, THEREFORE, in consideration of the City's renewal of
10 CSI's franchise to own, construct, install, maintain and operate
11 a cable system within the City, and to use and occupy the Streets
12 of the City for that purpose, and in consideration of CSI's
13 promise to provide cable service to residents of the City
14 pursuant to t . ty at'0:i�Gt A.ri� ` 104i the terms and conditions set
15 forth herein, and in consideration of the promises and
16 undertakings herein, and other good and valuable consideration,
17 the receipt and the adequacy of which is hereby acknowledged, the
18 . franchise is hereby granted and
19 THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS:
3
D R A F T
June 13, 1995
1 Section 1. Definitions.
2 The definitions in the Ordinance, as such existed on
3 the effective date hereof and except as otherwise set forth
4 herein, shall govern this Franchise Agreement. In addition, the
5 following definitions shall apply:
6
7 (a) Franchisee means Communications Services, Inc., a
..................
8 a corporation and its lawful and permitted successors,
9 assigns and transferees pursuant to Sections 30 and 31 of this
10 Agreement and Sections 8 and 24 of the Ordinance.
11 (b) Ordinance or Cable Ordinance means City Ordinance No.
12 , governing the granting and regulation of cable television
13 franchises for, and the installation, construction and operation
14 of, cable television systems within the City.
15 Section 2. Grant of Franchise.
16 (a) Subject to the terms of this Franchise Agreement
17 and of the Ordinance, the,,.City hereby grants Franchisee a
18 franchise for the right and privilege to own, construct, install,
19 maintain and operate a cable system
20 within the legal boundaries of the City, and such other areas as
21 may hereinafter be annexed or incorporated by the City during the
22 term of this franchise.
0
D R A F T
June 13, 19%5
1 (b) The cable system herein franchised shall be used
2 and operated consistent with applicable law and for lawful
3 purposes.
4 (c) In the event of a conflict or ambiguity between
5 the Cable Act and the Franchise Agreement, the Franchise
6 Agreement shall control except to the extent preempted by federal
7 law and regulation.
8
9 Section 3. Term of Franchise.
10 (a) Subject to subsection 3(b) and 533(c) hereof, this
11 franchise shall be for a period of a ,.. }`twenty (2-g} years.
12 It shall commence upon the date the Franchisee executes this
13 Franchise Agreement, which must occur within forty-five (45)
14 calendar days from the date of the Council resolution approving
15 the grant of the franchise. This franchise is subject to all
16 other requirements and conditions set forth in this Franchise
17 Agreement and in the Ordinance for a grant of a franchise to
18 become effective.
19 (b)
PermalPerfermanee
Rev
20 On
the f±ft-h-and
the -tem
-anniversary e€ the e€€eetive date
21 ef its
Franehise, the
Gity may,
22 Franehisea
and the publie,
eemmenee
an evaluatien of the
23 Fra n eh
i s eels- p er f erma
n ee-thereunder.
The results a -errs
24
25 Theprimaryp
e s e-ef
this
evaluati ems- shallb e t e -e a ns !
9
D R A F T
June 13, 1995
1 whether the Franehisee-- has -substantially eek=ear-er
made
2 all reasenab l e-e€€erts-te eemp3y with all substantive
3 -eq- .-events of As-Franehse Agreement, ie-radingbut
net
-
4 limited te--the-teehnleltandards-and eustemer
s . .
5 standards hereunder. The mest reeent annual repert
required
6 under -Seetion !q efthe 9 dinanee-shall hepar
-efts
7 .. luat .
8 Upen request, and -prier ta- he-pblie hem:gyre
9 Franehisee shall prevideme results e€--tire-nest reeen-t-preen-o=
10 rerfermanee test. During the year prier to a fermal perzertanee
11 andif it se desires, tkeGitymay infer -the Franehisee
12 that an ebeerver agpeinted by the --pity Manager shall be present
13 at the preef ef perfermanee- test -that --will be reperted--en-stthe
14 publie hP-+ri ng - t ened in this Seetien. Be=ere eeitiiEtene3iig the
15 preefef perfermaime test, the —rranei isee-shall give the Gitr
16
17 that ve an etserver present
18 If An. -eAya-1 untie weeding - has -revealed dcrreleneies-in the
19 Fr-fneh i reel s perfermanee under—its Franehise Agreement, the Gity
20 shall netify the Franehiseeand -request that the de€re}eneies be
21 eerreeted within reasenable pered--ef time. if -the
22 deflelene}es ilii►6Ive substantial -nen--eempli anee, er repeated nen
.23 eempilanee with its -Franehse-Agreement and -are -net, er eannet
24 be, eerreeted within a reasenable perled ef t1rae, the elty may
I
D R A F T
June 13, 1995
1
2 the revere. -Mien e€- the Franehise Agreement er ether apprepriate
3aetien.
4 Section 4. Non -Exclusive Franchise.
5 The Franchisee's right to use and occupy the Streets shall
6 not be exclusive, and the City reserves the right to grant a
7 similar or other use of said Streets, or any portions thereof, to
8 any person, or to make such use itself, at any time during the
9 term of this Franchise Agreement. in- the -event -the Git s
10 inte a permit,
11 3eind--with any ether persen er entity ether than theTranehisee,
12
13
14 Gerviee te any part ef the Gity, the material p s e is 'eree€
15 shall be1 r
b able tethese e,T
e edherein,
16 ender that erre-eperatenet e- granted -an unfair eemp '-tea
17 advantage ever anether, and te Previde all parties equal pretee-t
18 undu=e lair'-.
19 Section 5. Franchise Subject to Cable Act, the
20 ordinance, other .I.a�ws and``oli�e re.
21 :....::.:..........::,.
...... .,....: ..<.: v:.:.
22 (a) Thelia Franchisee Agree-_::* is subject tofado
23
24 all terms, conditions and provisions of the Cable Act and
7
d
D R A F T
June 13, 1995
1 other applicable federal and state law, and any amendments
2 thereto. -
3Mi.:...:::::.:. ..
::. v.•rrr ::•r..::V. :. :v:: •..:•;.;:..:..r::••.•.:rni;n�., .•: •.:{•:{:::: r{: rr{:::r..r+vnm.r .... ...................:v...... :: ...
4c�t �: S+I1.. C►#1l1 ti+tft tfte +triari :
Aar
v...........
»»,,,»... r..,.......,.,v....:.. v.,,..................»..........,...:.,»,,.,,...,,.,................�».»:�:
6-{-b} The Franchisee shall at all times be subject
7 to all lawful exercise of the police power of the City, and this
8 Agreement is not intended to limit the City's lawful exercise of
9 such power in any way.
10
11 Section 8. Insurance.
12 (a) Franchisee shall obtain and maintain insurance of
13 the types and minimum amounts required in Section 10 of the
14 Ordinance in such a manner as to comply with each and every
15 requirement of that Section.
16 (b) A certificate of insurance shall be filed and
17 maintained with the City. The certificate of insurance filed
18 pursuant to this subsection must contain a statement that the
19 City shall receive at least thirty (30) days advance written
20 notice of any cancellation of insurance or reduction in coverage.
21 (c) The Franchisee shall provide proof to the City of
22 compliance with this Section within
23 days of the Franchisee's acceptance of this -fFranchiserenewal
24 aAgreement.
8
1
2
D R A F T
June 13, 1995
section -% . Indemnification of the City.
<::.
PeEsUaflt teSee- en !9 of the rdinanee,Franchisee agrees
3 d...a:nd ttn f atits-se1e eest and -expense -te-€trjjy-indemnify,
4 defend an held harmless -the City, its officials, officers,
5 boards, commissions, commissioners, and and employees
aef inst any and all6
pst sob» of `'...tcria
7 aetlens, elai-ns;- suits-ee-, hies, liabilities and judgments €er
8 damages at ego4T er .
9 -(a) Anyzaif! preeesses, er preaewes, aets-er-
10
11
12
13
14
15
16
17
18
19
20
21
eenstruetleii---1Rstallatlen,-maint-enanee,
r eperatien
ef
Fra " eh ; s e e'
s eab
l e-system;--er
eentraeters
er agents
whether er net
sueh
aet er emissien
is
autherized,
Agreement erby-
required
the
a,
-9rdinanee
, a erprehibited-by-
this
Franehise
0
D R A F T
June 13, 1995
1 section 3Q Bond.
2 Pursuant to Section 12 of the Ordinance, Franchisee shall
3 furnish a construction bond in favor of the City in the amount of
4 Fifty Thousand Dollars ($50,000). The construction bond shall be
5 furnished to the City within thirty (30) days of the commencement
6 of construction to upgrade or rebuild the Cable System. The
7 construction bond shall be maintained until the City Manager has
8 determined in writing that the cable system upgrade or rebuild
9 required by Section i4 hereof is completed and f or three (3 )
10 months after such determination. Such determination by the City
11 shall not be unreasonably withheld.
12 section Y vn::i•}}:±i.};: vv }:::w w;..} :.; •{:.Wx:::.w w µ�
':::::?}:r....vxw:..w:.. .•n.n:.%rt:^':tyxpY ..: rvw
:t: v}Y' wxx �}:vW,Y.+•.y.H..;xx.:vn. •.'1.:.}•::.v �:.v..uw•::nx. ,: •ttw.,
13 x,,..:::N:::.,.y.x.,:x,ww..txx.w�,,.tt.":'�.,}Y'NM�}Y.tFir.
14 :r € t C J " j�..; ; :ik�;<t #"j.: :Md hm" �:t.:�f}....r}�I�� +•�w+����wy-'," .}y}}:,�M!x
::,.,.,Mv.,,vvn+mm�„ii,,,»v.,:.::ixi:::4:,::.;ixx..::}..nnvwm•.vn,v::::t;•}}iv.,,iK•.tiintot......w..,L::.:i:.v} ; ..••.. •.•......••.
15 F ::••vyx}}};.}}}};:+}y: •:.}:i.}::4• •v :.. xvw,,,,w:. v:nw. „• Y x
rCi9 G I....},}'.t71'i` WQt}`':;ic c£ w •�.. .:},..
16 ara; 'OuWt
-=f i L i =8 ,w. .0.
y ;
17
.f•t:ty..:.:.};. w�.,,wx:x...w:xx, O mount:�.Y: 18 .
}.:v}}}:......::;.:..:.:.:..v�v..,:�.v�w.,.:}�..::}:x:::.,.:.,.:M.:m.,:..�w:.�,�xx:}:�>:w.ttt.::xx.,�..,:......x...�v.::x:::x::.::..x.,v...:..r..:�x.Yx:xx.::::�.:xx.x..::M„�..��,.:.vN}:}.vx.Nwx:}Y,x:riv}:
19 3Vt.Vx? 'f3>"J11 a.Z.:�..:fi.;•. ,;: x. tw ••„ ;.
20nc
..
21 ns sa'::piczz` +a. aiaxx' ._v ,:<
:. th
o.
22
23 r-r-anehisee-shall preyid�e- the -Gity a guarantee in -lieu ef-
24 bend seeurity fund in theater of Fifty T d , ,
10
D R A F T
June 13, 1995
1 , —see r i ty £ethe —faithful perfermanee—e=- a14
2 . The grantee In-liete€-
3 bend shall be furnished te the Gity within ferty-five (45) thirty
4 (-39) days of effeetive- date -ef this franehise agreement.
5 () If after thirty (30) calendar days' written notice
6 Franchisee fails to pay to the City any fees or taxes due and
7 unpaid, or any liquidated damages, damages, costs or expenses
8 that the City has incurred by reason of any act, omission or
9 default of Franchisee in connection with this Franchise
10 Agreement; or fails after thirty (30) days notice of such failure
it by City, to comply with any provision of the Franchise Agreement
12 which the City reasonably determines can be remedied by demand on
13 the Franchisee, the City may immediately`--' ----
0,01,10n
;?!•"'1" '•'v •:;}:?6::M.}..n..:?':•iY.: •{n}:x.;{{{r:mv.wn• ............ ....
14 1 ? W, -.1; Oi w a z request payment of
P Ym
15 the amount thereof from the guarantee—i n-' ie_-efs bend
16 Upon such Ai:.#Va. t request for payment, the City shall
17 notify Franchisee in writing of the amount and date thereof.
18
€+c.".::;F s...a ...ra` erg°.AY I::::::..::.W.:>.
19«7F'c`7::::3tiwJ.t?'V`tk,:�:::x::::� ,N It
:.::.;
20 cx ri�:::e V S`z:ti°:.{.:N �....;..;,..,.:.
...
.ret�a� e, dol O
Y
h
21 '....::.,M,x,�.,..y ori:=::: •: , .. :
.. txr.f�x. t:Y1i�e .fns....... ova:t' "thy
m:.....,.:..:: :.:::: ..::..., .: ,. ,..:.:::..::::. :..:
22 fiw �tlt3#'G52c'l }'r1 3. �:
11
D R A F T
June 13, 1995
12 Seatien 12. Payment Of Gensultant and Legal Fees.
13 Section 33 t. Use of Streets.
14 Franchisee agrees at all times to comply with and abide by
15 Section 21 of the Ordinance.
12
D R A F T
June 13, 1995
13
D R A F T
June 13, 1995
1 Section 4�3`1. Minimum Facilities and Services.
2 (a) At the effective date of this Franchise, Franchisee's
3 cable system shall, at a minimum,(I)' have a channel capacity of
4 at least thirty-nine (39) video channels, with at least thirty -
5 nine (39) activated downstream video channels in operation; (-3)
6 have at least two channels dedicated to public, educational or
7 governmental access use; and (t4) be addressable.
8 (b) Franchisee agrees to provide one outlet of Basic iAd
9 Pp cdi iK d cable service, without charge, to those City
10 offices and publieschools institutiens set forth in Exhibit to
11 this Franchise Agreement, and to all offices holding='
12 { or more full-time employees of the City and or
13 pub schools that may be constructed or opened within the City
14 during the term of this Franchise Agreement and that are passed
15 by the s#G f -m cable system. The outlets of Basic
16`':"{ Service shall not be used to distribute or
17 sell services in or throughout such buildings, nor shall such
18 outlets be located in areas open to the public. Users of such
19 outlets shall take reasonable precautions to prevent any use of
20 the ai `- system and such outlets in any manner
21 that results in inappropriate use of the system or outlets or
22 loss or damage to the System or that results in violation of
applicable laws and regulations governing such use, including but
24 not limited to, copyright laws. The Franchisee shall not be
14
D R A F T
June 13, 1995
1 required to provide
an outlet
to such buildings
where the drop
2 line from the feeder
cable to
said buildings or
premises exceeds
3 150 cable feet unless the appropriate governmental entity agrees
4 to pay the incremental cost of such drop line in excess of 150
5 cable feet. Except as otherwise required herein, if additional
c......................6 outlets of Basic
. ..._ Service are provided to such
7 buildings, the building owner shall pay the usual installation
8 fees associated therewith, including, but not limited to, labor
9 and materials.
10 (c) All video signals received for transmission over the
it system to subscribers that contain closed circuit captioning
12 information for the hearing impaired shall contain such
13 information in the form received when transmitted over the system
14 to subscribers.
15.vv.AwgtieV`sl'::.cnci»srsNO
a ::t
16 siibdd I:S I
::..................:..::..;::::......::.::.:...: w :::.:. r ..-.... t
21 Section Technical standards.
22 .Franchisee shall maintain and operate its cable system, at a
23 minimum, in full compliance with eh of "" Duos"` a on "
24 0 3 d3nice: d - .,"`a: FCC technical ,:. ai .`.: Standards"-
.
tandards >
15
D R A F T
June 13, 1995
1 (b) Franehiseele eable-system alis-
eet er
,
2 emeeed-all t��eal and signal EjUal lty standeL-ds
of theFGG
3 Section Proof of Performance Tests.
. :.n:.b.mnC....z::.,:..r
�:.....,...:,;.rQ.,:.:.x,wa,4P r<s
.`1�n
7 Section 36&*L Access Channels and Facilities.
8 (a) Access Channels. Franchisee shall provide to the City,
9 voluntarily and without charge, ihimum o three (3) d
YM4%:::.::i.' J:: %4:: l .yxi rm •::rrr:•
10E33 -Mb. (' activated downstream access channels:'." and two
11 (2) activated upstream channels on the system which the City or a
12 designated access organization ("DAO") may elect to use, in whole
13 or in part, for video, audio services for public, educational
14 and/or governmental access use on the following terms and
15 conditions:
16 (1)' Franchisee agrees that, beginning on the effective
17 date hereof, it will provide two (2) activated downstream access
18 channels (the "Initial Downstream Channels").
19 (4) Upon six (6) months written notice and demand by
20 the City, and pevided-ehanne! spaee is avallableFranchisee shall
21 provide additional access channels ("Additional Access Channels")
22 up to a maximum of five (5) Additional Access Channels during the
23 term of this franchise on the following basis: Whenever the
24 1 °` la wn rea h tries t ,.: where a O'dbl.�! .a
:..
16
D R A F T
June 13, 1995
.......... . ...... C.
. .............. . ..... . ...... ..... . . . .
designated aeeess ehann are in use for
2
3 access purposes, with first -run programming, during 50 percent of
4 the hours between 10:00 am and 10:00 pm, during any consecutive
.......... .... *****Hi**"""""'*"""'*,*'L""""""""*'*"'*"**'* .................
--G weeks running, when the. M...
5 5.1 so reiaomiab,"'
ot
. ......... ............ ..... . ... ........................
6C 11d#3am. there is demand for use of an ak"dditional
.......... . ....... ...........
7 ii!!..C.hannel, Franchisee shall provide an additional
8 speeially dell gnat'°�...ccess elthannel_'.. fei- the same purpese.If an
9 additional A66"*� S": dOhannel is designated for access -related
10 purposes, but after one year it is not programmed at least 25
11 percent of the hours between 10:00 am and 10:00 pm, it will
12 revert b a
Xn': part to the Gerapany,
13 use until such time as the need for an additional channel is
14 again shown by the criteria above.
15 The access channels to be provided to the City as
16 set forth in Sections'. (a)(1)-(4`2) hereof may be allocated by
17 the City to any or all of the three categories of access use
18 (public, educational or governmental) at the sole discretion of
19 the City.
20 (6�) The Franchisee shall provide
21 one transmission connection/drop in a designated building or
qp
22 facility for the City, one nee
. . . ................................
23 for education::a-l"'*%..-*,�eand one
.... ........
iw bii .1414 or
24 4 -AS for public
. . ........... ........................ .
17
D R A F T
June 13, 1995
1 access. The Franchisee shall provide all the necessary equipment
2 to ensure that the transmission connection/drops provided to the
3 City and the ire—pub4-re &, are capable of
4 transmitting video and audio signals to the headend for°z�`
5 distribution over the System to Subscribers. The cost for #
6 additional transmission connection/drop sitesa...�'
.........................:...::..::....:.....:....:........
7 !;d,n. 6jr6 shall be 4ncurred by the requesting entity. The
8 transmission site for the public Access Channel shall be
9 designated by the Franchisee and located at a site in the Service
10 Area. Necessary trunk and distribution cables will be routed by
11 Franchisee near these ^ installations, where possible, or ,
12 where the system is in the area, feeder lines will be extended by
13 Franchisee to a service point ens the building. No
14 charge will be made by Franchisee for the installation
15 iGj'tJ.#3i, disconnection, or monthly service of any such service
16 connection/drop in, dstributien eable—er feederline. All uses
17
of the
Access Channels by
Franchisee must
comply with Section 611
18
of the
Cable Act and with
any guidelines
established thereunder
19
by the
City or by public,
educational, or
governmental agencies
20
authorized to use such Access Channels.
21
In wadi t ente-fie
fereg ing
"' _ . _____. '_�.he City
22
agrees
to hold Franchisee
harmless from any
damage or liability
23 arising out of use of :.rd channel3YC'`,r,l F'k.
.k•.xx....v rx....x. n.4..... iii.': ..: n.....w.».......... m... n.. n.:.n. n.:.....:......v.}:....xx... n
24
'0 lel #fib t Ciri'Y tV# 'Ghri City shall
:... .. ..
:::.::.::::: i::::i......
18
D R A F T
June 13, 1995
1 take reasonable
precautions
to prevent use of
the channel(s) in
2 any manner that
results in
inappropriate use
of the cable system,
3 or any loss or damage to the cable system.
4 (0;) Franchisee agrees that all downstream access
5 channels will be provided to subscribers on the system as a part
6 of basic service: t ;&t.r t eu� .... u3y t p l .st i
:.�:...:........::...,:.::...:..............,......:...v : v:., ..:.::....:..:.::::::.,.:::.,.::;:::::.. :.,.... ........
7 i ► s 0 t F -Wfto .. `:. 00. .: . i e . pz'o ri a dpz
8 Zs as a --par a any or ::nary :fi r to
9 w s: ar:.. » i c " access "0 antel 10
+'titx.y pct C�L� d G-�#� tt�ibsb r p'4X ::,1
11 fiyyyy yyyyyyyy +y+yy� ,y y.y y y y cy �y Wj� y. yy + y yay�yyy f y �y yr��y �+ y}ry
.. 4.. i... ......
12 Fis: °z pragxaammr�er ...axe x'ire
13rsr cueu 3.+az�. fax 33:t 1 on a ns�n:
14
15 (4.x) The City reserves the right to designate or
16 establish one or more DAOs for the purpose of developing,
17 managing, administering or using all or any part of any access
18 channel or access channels.
19
19
U
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
D R A F T
June 13, 1995
Access Channel is not being utilized for access purposes, the
City may permit the Franchisee to utilize unused Access Channel
capacity under rules and procedures established by the City. An
Access Channel permitted by the City for "interim" use hereunder
is to be restored to its original use whenever the demand for
18 use, as
19
20
21
22
23
24
.....:::.::::......:..... :
demonstrated byYie rzeoru
recess Ghon -', indicates that an excessive number of people or
programs are being denied access due to lack of channel capacity
availability.
(b) Access Facilities and Equipment.
(1) Upon completion of the system upgrade required
by Section 34: hereof, Franchisee shall provide all on-site
20
D R A F T
June 13, 1995
1 cabling
necessary to permit both live and
delayed cablecast of
2 all City
Council meetings and other City
or public meetings,
3 events and programs held in the designated location within City
4 Hall to all subscribers in the City. Franchisee shall also
5 provide two (2) state-of-the-art character generators for public,
6 educational and/or governmental access use as determined by the
7 City.
8 (2) The upstream system electronic and distribution
9 facilities and equipment and cabling provided by Franchisee shall
10 be of sufficient quality and performance specifications to enable
11 all material cablecast on the access channels provided pursuant
12 to this Agreement to meet all video and audio signal quality
13 standards adopted by the FCC when transmitted downstream to
14 subscribers, including any such standards as may be adopted or
15 amended during the term of this Franchise Agreement to the extent
16 the Franchise is required to comply with such additional or
17 amended standards.
:.,•tr.,•. :.•;.?.::?:.,,.;:,.; .;::,y:,:r:.•:an;;.:.,,.r,.•:•w •:.;••,;: ,y.,•,,,r» »�.w :.�. w..,.w.,.•.. ::. .. .......r��,::fs rry;;.;••.,:.. n•.•+»:c
18 s Z�,��:', V. --.in S.1
rovi, 19 .... ........... . P
20 ::.,;.. ; . :.... . .
w,:....w,.....r,:..w........:......,...,.�.:::::..w»m m :..:::::::::..,...:..:..::.:..................::::;::
21
:4n•%Ginv:.. iv.x \{tri::::O::?C:i•.z•:::::: n i:C?•i: i::vi.. rnv....v....: ii:::: is i...,w.. n.... n...........
22 ERRUMIX
.. -pro • • ya• Fn'F.? f;ri+ilY. .H Q
fx4?A23 triii° an
..
24,??t?...:?,,:;:?:r:?,?..?::....,:>::•,;?.;�,..::?.?a:::,,:;.,;:»,;??<.;t.;oy•y,x:•:r:•.::•:;.xy;:,,;::.;..y;.,.:.,yr: ;:,.,....;?: w.»:» A .. :+•tE,-:P3aM••••...I.•:C?w+a
+:+•x:m.c•,
.
.........:::::::n....:...........::.�:n:.v..w.?,:.v...,,
21
D R A F T
June 13, 1995
19..:t
:::};}::,.vm
20
,y �YF,�.y yy.� J1�i'�.� �i��vvyw�1{y.;.yyiy�}3;�.wvtv,.;}}}�iy}}r:•}:nn.nivy.:tt..Y.}}}:;i�:y;{:.Avtw:{.}x�xy},v�:navw,/.t�y� 'j.,Jl�j�} 'v�vy; :}K�};;}}}:y.}y}}}•vvi�}v}};mvv .a };,: ;{v:yx�.}}x;.vv.
#tk3.ti/FIG 1ii.'.r la1RM�7,\IaA G7i �i 4 wtN+�.M! i�A�ir (i 1 i7 5rG� M7.K'n ' M
�: .:..:::...:+»..»•:.vw•.: »wxnv vmvxyv y•v??r{ \.}}:LIC!NM'.OJ}'f,.•};x•vvv: •}:•l;.ynv:••L: •: n•,nxv.•:: .r... _ n .v};px,vxvr •x• x
21EC "P
21
4 F`J�IC7t�G:E::Aif«JC�:w
.'...,.:.r::.. x.w.v...::::::.vvv,v.vvn•n•.,vrnv+.w.•:nt,t,,,w:.YvvxL•: rliMvv:nvxvvw ::::. nn.::: nw.v:.w: n:....nv.v. n.wnv.::::; r}}::: }:}}:: riv:•i:•....v...... ni }..:. rrrn::n.n.i;vrx.,wr.,v:::mv: }}}}}i:: }::::: rx::::.
.. .v : •.v: LL<: .; ,,. vn .::: ..}.; ptv ...xrr x
22 rt....:,.�f�� _ tib_
t
}................ n..:n::. n..:.•xnwxm:.wxnvn.::::::: Nm•:nvx:: n..v:.ti?.}:??}::::. �: r:.:.:.::.....vv........:: i}}: n....::..).: x.: x..., n?wl:: }:C:Lvnv: }:::n r:: n.:.itii4}}: n.:».vnK.ii::ti•}:•}}..w. x. r. x:., x: m}i}}}}..::
.;:•}}};;LL•>:•>:•}:+}:•;}tn:•v.•:;i,<::•?•:it}i:.}:.:y;•.;::,:::...t:v:.:Y:.Y:..•,.,,•. :. ...t,},.w.wn•: txtt,wm...i„x,,...,.,,..Y;� •.
z 3.....
nx..:..:. ... �:::: r:::::::::::.,,::::::.::::.,..::..,..,.•3.::::::::::::............:::.:........::....... ......... n.:m::...:::::::.::::::•:: }::.....................
?....:::.:.,.:::. »::: }:.::...................
22
D R A F T
June 13, 1995
10 Section 34.. commercial Leased Access.
11 Franchisee shall provide commercial leased access channels
12 as required by federal law.
13 Section 24 Emergency Use of Facilities.
14 :raj' Franchisee shall, at its own cost and expense, install
15 an emergency interrupt system in the headend of the System for
16 the benefit of the City. This emergency interrupt system may be
17 remotely activated by the City by installing a touch-tone
18 telephone line. This telephone line will be at the expense of
19 the City. In the case of an emergency or disaster, the City
20 shall be able to use the remote telephone to provide emergency
21 information and instructions during the emergency or disaster.
22 period. The City shall only permit designated persons to operate
23 the emergency override system, and shall take reasonable
24 precautions to prevent any use of the emergency override system
23
D R A F T
June 13, 1995
1 in any manner that results in inappropriate use of the override
2 system, or any loss or damage to the Cable System.
3 (b) Within three (3) months of the effective date of this
4 Franchise Agreement, Franchisee shall furnish to the City a
5 written plan setting forth the procedures for implementing and
6 using the audio override capability set forth in subsection (a)
7 of this Section.
8 (c) Franchisee shall provide standby power generating
9 capacity at the cable system headend, capable of providing at
10 least four (4) hours of emergency power supply.
it Section Lock -out Devices.
12 Franchisee shall make available at reasonable charge to any
13 residential subscriber, upon the request of such subscriber, a
14 "parental guidance" or "lock -out" device which shall permit the
15 subscriber, at his or her option, to eliminate the audio and
16 visual transmissions from any channel reception. Franchisee
17 shall advise all residential subscribers at least annually of the
18 availability of such devices.
91
19 Section eal Line Extension Policy.
20
IOU < C.araric
21c� avaa. <a1 omst'iTM
ee
22 ....: e r : slu 4s Q� . use...1� 7.�9� .
23 (ani) Reguired Extensions of Service. The sytema,
24 eenstruetedas e€— he date e€- he passage and final
24
D R A F T
June 13. 1995
1 this Franehise, —substantially empl ieswith the a. ,
2 r==.= hereef.Whenever the Franchisee shall receive a request
3 for service from at least 15 residences within _1_-;'`$E cable -
4 bearing strand feet (one quarter cable mile)`t..t..ap#+
5011
.ti of its trunk or distribution cable, it shall
6 extend its System to such subscribers at no cost to said
7 subscribers for System extension, other than the usual connection
8 fees for all subscribers; provided that such extension is
9 technically feasible, and if it will not adversely affect the
10 operation, financial condition, or market development of the
11 System, or as otherwise provided for under this Section x 44.
12 (b) Subscriber Charges for Extensions of Service No
13 subscriber shall be refused service arbitrarily. However, €�
14 usual eireumstanees, sueh-a-sS k ice a subscribers requests to
15 locate his cable drop underground tnt..heC othe wu..s..e:Ft
16 ...., .c C i :..: .. 2 existenee-efmerethan 159 feet of the
17 distance from distribution cable to connection of service to
18 subscribers; -era= ; # ; k e t N:or fYY density
19 than than 15 residences per 3-32$'8fl: cable -bearing
20 strand feet ,.,M... 3?: of trunk or distribution cable,
21 Fahis #iy servicemay be made available on the basis of
22 a capital contribution in aid of construction, including cost of
23 material, labor, and easements. For the purpose of determining
24 the amount of capital contribution in aid of construction to be
25
D R A F T
June 13, 1995
1 borne by the Franchisee and Subscribers in the area in which
2 service may be expanded, the Franchisee will r
. .
3 ? s" ` : to a 00ft Ot�t��# �x1tt� T � �:��5 tjS�w,w�� V�tE�� U.
4 xtE«ni whose numerator equals the actual number of
5 residences per -1-� 'I'd cable -bearing strand feet of its trunks
6 or distribution cable, and whose denominator equals 15 residences
"'for 6-7.7
'i 3LYnrwCb..x{.:r..$ '"avy �. 7.
8 ''GP -A, £subscribers who request service hereunder will bear
9 the remainder of the construction and other costs on a pro rata
10 basis. The Franchisee may require that the payment of the
11 capital contribution in aid of construction borne by such
12 potential subscribers be paid in advance.
13 () For the extension of service into areas which are in
14 the process of being developed, the -Franchisee will cooperate
15 with the developer to install cable for a capital contribution
16 paid by the develeperand upon such terms and conditions as agreed
17 between the developer and the Franchisee. The meunt of eapital
18 eentri but ente be paid -by --the develeperfer installation of
19 future se-.ee-previsiens--€ereimbursement of sueh eentri-butioa3
20 shall -be--�-aeee-danee- with the terms and eenditiens eche
21 agreement between Franehisee and the deveieper. Franehisee,
22 agrees -that it shall reimburse - he-deyeleper en an annual basis
23 eyes-a-peried of net less -than --three -years .
26
D R A F T
June 13, 1995
1 (e) Location of Drops. Except as federal regulations may
2 otherwise require, in any area where Franchisee would be entitled
3 to install a drop above -ground, Franchisee will provide the
4 Subscriber the option to have the drop installed underground, but
5 may charge the homeowner the difference between the rate for the
6 above -ground installation and the rate for the underground
7 installation.
8 (f) Time for extension. Franchisee must extend service to
9 any person within the service area who requests it (1) within
10 five (5) business days of the request, where service can be
11 provided by activating or installing a drop; (2) within thirty
12 (30) days of the request within the existing City limits as of
13 the effective date of this Franchise Agreement, or where an'
14 extension of one-half mile or less is required; or (3) within six
15 (6) months for subsequently annexed areas where an extension of
16 one-half mile or more is required.
17 Section 2-42'0. Franchise Fee.
18 (a) In consideration of the privilege granted herein to use
19 and occupy the Streets to own, construct, install, maintain and
20 operate its cable system, Franchisee shall pay to the City a
21 franchise fee equal to five percent (5%) of its Bross revenues
22 as defined in Section 2() of the Ordinance.
:: �: �: n.... :v •n ::..: •. '.}••nv{n+: :v:.,:: •: � �.,,.•;r.•:x...:.•.•,.....::.:v._•::; ..: ..,•.J .:.: ....... .:....::: ... ... y::.::::::•::.v:.v.w:::.;::::.m:.: :.;;:::: :wy:
2 3 c s' d ri .sukysection ( a .l...:. rftch. ari l
t matted
........
► V ltbd :, r s s cable. off. 1§ .7 ���7�'� :.�;1�
2 4..........::.....::;:::...:..:::,r::;.; .
27
D R A F T
June 13, 1995
20 (bid Franchisee shall pay the franchise fee to the City in
21 full compliance with the requirements set forth'in Section 16 of
22 the Ordinance.
23 (e) The annual revenue statements required to be filed by
24 the Franchisee with the City pursuant to Section 16(f) of the
28
D R A F T
June 13, 1995
1 Ordinance shall be certified as true and correct by a certified
2 public accountant. Franchisee shall bear the cost of the
3 preparation of such statements.
4 (d) The acceptance by the City of any payment from
5 Franchisee of the franchise fee shall not constitute a release or
6 an accord and satisfaction of any claim the City may have against
7 Franchisee for performance of any of its obligations under the
8 Ordinance, this Franchise Agreement, or local, state or federal
9 law, including, without limitation, Franchisee's obligation to
10 pay the proper franchise fee amount owed. The periea of
11 limitatien fer reeevery ef any franehise fee payable hereunder
12 shall be five yearB frem the date en whieh payment by t
13 =rang riBee is 'u'a'e. Unless within five yei irs frem and —after s e i
14
15 sueh—€ranehise fees in , eetrt of eempetent jurisdietien, saeh
16
17 asserting aims vhatseever-against the Franehisee relating
18 to any --such alleged
l 7 -
19 (e- Following the expiration and non -renewal or the lawful
20 termination for any reason of its franchise, Franchisee shall pay
21 the franchise fee owed as of the date that its operations ceased
22 within ninety (90) calendar days of ceasing such operations.
23 Such payment shall be accompanied by a certified g ross Oevenues
24 statement prepared by a certified public accountant showing the
29
D R A F T
June 13, 1995
1 revenues received by Franchisee since the end of the previous
2 fiscal year:
3 (g) Franchisee expressly agrees that: (i)
5tiD `iit+...t`:..v.:.; (i) such franchise fee payments
6 shall be in addition to any and all taxes of a
7 general nature and not applicable solely to cable television
8 operations within the City; (ii-:) Franchisee shall not have or
9 make any claim for any deduction or other credit of all or any
10 part of the amount of said franchise fee payments from or against
11 any of said City taxes or other fees or charges of gener='_
12 applle•a ll i t j% •vt....,..' '':4i,���L. G1#,li:,.'I brir„7.., f�,r ..." .�. i:•. .. .{. rr,Y,+ 44F ��4Y.-
13rr:at +ara:rryr;` anc
4,10 dt
15 C � �t M 3yt �' C . :.w .s�:. rfra#�Chi.G�� �tx�r :��
....�w w}%..,,,.N::::}::.,-:::}.,.:r:rr.;:.}:..rr.....:..
.WAV-,and:o Z
16 ise ri 1ii ::..:
.x...wn...mx,v.v::n»„v:m:.,,v:i:,v:x:rvw:::x,vn-.,wmfnw::•nv}:.v::.ii•}rvvii+n....ii•......w:.......v::...::::.vm......,..v.....mw.mn.,.,,.,.v:n.:.:::::.,v.v:.vw.:vn-.w.:.vnti:: rxv::.wn44nvirnwt .
17;nxs n• oCwr w:Y -or.w N.}r;<.:<.:<.}::�::} .
I:.: 1:.:::;
h}'}}}ivn.::}:wnw.v:::,:ry:':%•::i•rrrnJ.nw:::..,,:::,:.v";:: \: r%•::.v:}:nv...:..:...%^ .........:..::: r}::::. %..v......:.
,.}}:r.•x}%h'.}v,�.}}}xw}}:{: :v,:rr.}vxnv:rm!: x:: •,.q}y,%: y.,v.v,m:rxn•nx:vx•x . . . ...... . :..... .... ..........
19 Section Reports and Records.
20 Franchisee shall furnish the City with all of the
21 information as required under Sections 17 and 18 of the
22 Ordinance.
30
D R A F T
June 13, 1995
1 Section 244.. Right to Inspect
2 Financial Records and Facilities.
3
4 (a) Franchisee shall maintain a complete set of books and
5 records, including plans, contracts, engineering, accounting,
6 financial, statistical, and customer service records asiaEa V
7 necessary for the enforcement of the franchise— et sir d t�€d4r
8 ed Sons.#� and"'� cry��e' �r,�i�iance:'
9 (b) The City shall have the right to inspect, at
10 Franchisee's local office, the books and records necessary and
11 pertinent to the enforcement of the franchise and as may be
12 required by the City to perform its regulatory responsibilities
13 under this Franchise and applicable state and federal law. The
14 City agrees to carry out any such inspection during Franchisee's
15 normal business hours and upon reasonable notice. Access by the
16 City to those books and records of Franchisee necessary to the
17 enforcement of the franchise and as required by the City to
18 perform its regulatory responsibilities shall not be denied on
19 grounds that such books and records contain proprietary or
20 confidential information.
21 (c) Upon the Franchisee's written request, the City shall
22 accord all books and records that it inspects under this Section
23 the degree of confidentiality such books and records are entitled
24 to under federal and state law.
31
D R A F T
June 13, 1995
1 (d) t -The City shall have the right to inspect Franchisee's
2 facilities and property during Franchisee's normal business hours
3 and upon reasonable notice.
4 Section 2JA.1. Customer Service Requirements.
5 Franchisee agrees to comply with each of the customer
6 service requirements set forth in Section 18 of the Ordinance.
7 Section a8 4 Transfer of Franchise.
8 (a) Franchisee shall not assign, sell or transfer its
9 franchise, or any right, title, or interest in same, this
10 Franchise Agreement, C h....5#; nor shall control of
11 Franchisee or any lawful successor be transferred, assigned,
12 without prior written notice to and approval of the City, and
13 only then upon such terms and conditions as the City deems
14 necessary and proper. A 11tans€er-11—er "assignent"fer
15 eftrrrssa-etsen-ss:arshave ^ an
16 the rules -and regulat i eats -e f the Federal Gemmunieat row
17 Gemmissien appileable t^ transfers and assignments
-oz-eable
18 }^' ^ : s! Pave-r_keenses. Previdedfurthmss;
the
19 transfer of ewnership er ether interest in
Fransae-�
20 eenneetlen with an internal reerganizatien
er internal merger te
21 a direet er indireet parent, subsidiary er
affiliated
ent-i-ty
22 under eemmen eentre! with thefranehisae
shall net be a-trc�nsfer
23
32
D R A F T
June 13, 1995
1 n^otifl=d-erthe -purpesed transfer nester than ( 3
9) days
2 prier te thd transfer efewnership erether interea " l
` the
;
3 transferee shall -insure -that -insuranee ee :=erage-and all -ether
4 eemmltments-nder the-rare#ise Agreement eentinue in fereeana
5 witheut i n aw_._L t : es,and pev-ide-evidenee-to-ire-safae e€ -the
GitT
6 ne-cater than thirty (3 9) days prier thepurpesad transfer
25 trans€ems--eentrel eiFranehisee.
33
D R A F T
June 13, 1995
1 (a) At
least ene hundred
twenty
(120)
ealendar days
p --*--
2 te the eentemplated-e€€eetive
date o
f a transfer,
rranehi
see
3 shall submit
to the Git an epp
�eati
e�fz-o=-agg
reval e €-tie
4eati
en-sh shall,
-all
infermati
c
en and
5 ferns required
under federallaw.
6
7 eensistent with
the in=ermatlenalrequirements
ogre FGG
and
8 federal law
abeut a prepesed transfers
eh--additlena-I
9 infermatiet.
s---easenably neeessary
fer the
-Gity-te deterrainewe
10ability,
11 but-sueh request
shall net tell
the
it7's
ebb-igatien-fie
grant er
12 deny the--petitleT
within x29- days
-ef
thefiling
of the
13 applleat-'-...
14 Section 3-ZU.. Renewal of Franchise.
15 Renewal of the Franchise shall be governed by and comply
16 with the provisions of Section 626 of the Cable act as amended
17 unless preempted and superseded by.subsequent provisions of
18 federal or state law. in add t Rhe the-greeedures setferr -in
19 said-,6ee-tlen 626the ` agrees to neify theFranehisee ef
20 all ef itsassessments regarding -eke -identity effuture -eable
21 related -ee -ity needs and interests, as well -as, the -PaSt
22
23 term. The Gity further agrees- that sueh a pre . -- sessment
24 shall be previ rye-' te- the --Franehisee remptly se that the
34
D R A F T
June 13, 1995
1Franehisee
has
e -time
-to -self a prepesal tinder Sateen
2
the
et- and -eemplPteTenewal
e€- the Franehise
3 prier
te expiratien
ef Its term.
Netwithstanding anything te the
4
5 agree
that at any
time during
the term ef the then eurre
6 Franeh-isa
--while
af€erding- the
-publie
apprepate-netlee
7 eppertunity
te eemment,
the
Gity and the Franehisee
may agree te
8 undertake
and finalize
infermal
negetiat-i —s -regarding z-eneral-oz
9 the
then-eurrent-
Franehise- and
-the GAY may grant a renew
10 thereef.
The- raneh-isee-
and -the
m-eensid r the terras set
11 f erth-in
t-h-i-s-Seetlen
te be-eens
isten-;ith the empress
12 previsiens
a€--Seen-62-6
e
the -Gable -Aet.
13 Section -342. Arbitration.
14 No dispute between the City and Franchisee under this
15 Franchise Agreement shall be arbitrable.
16 Section a4 .. Rates.
17 (a) The City may regulate rates for the provision of Basle
18 Cable Service and equipment to the full extent expressly
19 permitted by applicable law.
20 (b) Franchisee further agrees that it shall not increase
21 rates or charges for basic cable service,isa]fla't
22 t Onne-C one or associated equipment without first providing at
23 least thirty (30) days' prior written notice to all subscribers
35
D R A F T
June 13, 1995
1 and to the City.,
2 Section 33r. Enforcement Remedies.
3 (a) Liquidated Damages. Because the City may suffer
4 damages from any violation by Franchisee of this Agreement, which
5 damages may be difficult to quantify, the City and Franchisee
6 agree to the following schedule of liquidated damages:
7 (1) For failure to substantially complete the system
8 upgrade as required by Section 44 hereof or to l n sIlk
9 complete line extensions and offer service as required by Section
10 Q4 hereof, unless the City specifically approves a delay caused
11 by the occurrence of conditions beyond Franchisee's control,
12 Franchisee shall pay 6" Hundred FiftyDollars per
13 day for each day, or part thereof, the deficiency continues.
14 (2) For material failure to provide data, documents,
15 reports or information in a timely manner as required by this
16 Franchise Agreement, Franchisee shall paye�uriie
17 Dollars ($ 58t) per day, or part thereof, that each violation
18 occurs or continues.
19 (3) For material failure to provide signal quality
20 consistent with and as required by this Franchise Agreement, or
21 FCC rules, Franchisee shall pay Fifty Dollars ($ 50) per day for
22 each day, or part thereof, that such noncompliance continues.
23 (4) For failure to comply with any other material
24 provision of this Franchise Agreement i" ."�l�e"V:f:��d naHa within
36
I� 1
D R A F T
June 13, 1995
1 thirty (30) days of receipt of notice of such non-compliance,
2 Franchisee shall pay Gnetwd Hundred Fifty Dollars ($4-150) per day
3 for each day, or part thereof, that such non-compliance
4 continues.
7 Fife �c .i z (.$'Sq' ... x cta or... a h::::c y,=..car partt�ekd�£,::::��8 ti
9 (b) Before assessing liquidated damages against Franchisee,
10 the City shall give Franchisee written notice of its intention to
11 assess such damages. Following receipt of such notice,
12 Franchisee and the City shall have a thirty (30) day period
13 during which time Franchisee and the City shall make good faith
14 reasonable efforts to resolve the dispute in question or cure the
15 noncompliance. If the dispute is not resolved in that thirty
16 (30) day period, the City may collect liquidated damages tCr
17
: u raw a zx a€ t ie lS"0urit�r Fila:M : itOV
18 E:i t #1 11 Of Okc i .00 ..: rit ..:7 ri sedt�.i�ri,... i�e
... ::.. .
19 or through any means allowed by law.
20 (c) Revocation or Termination of Franchise. In the event
21 the City lawfully revokes or terminates the franchise, the
22 procedures set forth in Section 25 of the Ordinance shall apply.
23
37
D R A F T
June 13, 1995
Section 3-fiwi'l '.:0"'. Areavide Interconnection.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Tie F . ........ h
r .......
........ ..... . wm 0
H. vp
. . d. a�
. ............ ........
38
D R A P T
June 13, 1995
..........
.... ................ ......
. . . ..... . ..... . ..
2 t
Mot Qn-b v. i I...':
AM
. . .........
3
. ............. ......... .. ............ ..... ....... ......... . . .........
........ ...
4 ....
7
8 Section 34 - Written Notice of Acceptance.
9 Within thirty (30) days of the Council resolution approving
10 the grant of this franchise, Franchisee shall provide the City
11 with written acceptance of all the terms and conditions of this
12 Franchise Agreement.
13
.
. .... .............
0 ..... % ........................
.......... .
. .....
#"�"
14
if any part,
seetlen,
subseetion,
er
ether
pertien
of
this
15 Franehise
Agreement
er
any applieatien
thereef
te any
persen
e -r
16 eireumst—ee
. - deelared
veid,
oneenstitutienal
invalid
er
fer
17 any
reasen, sueh
seetien,
part,
subseetien,
er
ether
pertien,
er
18 the
preseribed
appileatien
thereef,
shall
be
severable,
and
the
19
---1 previsiens
ef
this
Franehise
Agreement,
and
all
20 applieatiens
thereef
net
having
been deelared
vei4-,-
21 uneenstitutlenal
er invalid,
shall
remain
in
fui! feree
and
22 effeet.
The Gity
deelares
that
ne invalid
er
preseribed
23
. . :k er applieatien
was
an
indueement
te
the enaetment
of
39
D R A F T
June 13, 1995
*fie-Franehise- Agreement, and that it weuld have meted- this
Fr,neh is Int regardless ewe-invalid-erpreseribed
pres}ems--er applieatien.
Section a Effective Date. The effective date of this
Franchise is pursuant to.the
provisions of applicable law.
Section 44901. Execution in Counterpart.
11-1-6
This Franchise Agreement, accepted this day of
, 1995, subject to applicable law, may be executed in
counterpart.
Communications Services, Inc.
By
Name
Title:
Dated:
40
D R A F T
June 13, 1995
1
State of Colorado )
2
County of ) SS
3
)
4
5
Subscribed before me this
day of by
6as
of
7
Communications Services, Inc.
AS WITNESS may hand and
8
Notary Seal.
9
10
11
Notary Public
12
13
My Commission expires:
14
15
* * * *
16
17
18
PASSED, APPROVED AND ADOPTED
in Regular Council Session this
19
day of , 1995.
20
21
22
CITY OF ALLEN TEXAS
23
24
25
BY.:
26
Mayor
27
28
ATTEST:
29
30
31
32
City Secretary
33
34
APPROVED AS TO FORM BY:
35
36
37
38
City Attorney
39
40
41
WAFSIM622.2%1e4098-00001
41
i
I
EXH
ALLEN CITY SYSTEM
IBIT A
Qty Model Description
2 AD -830
Color Camera 470 Lines
2 LZ1161A6XP
Camera Lens 6:1 Zoom
2 KTA-12FISP
Dome w/ Pan Tilt
2 KTD-0012
Drop Ceiling Kit
1 KTD-303
Camera Remote Controller
2 20VA
Camera Power Supplies
1 MX -1
Video Mixer
1 TM -2000
Character Generator
3 TM -9U
9" Monitor
1 TM -131
13" Monitor
1 VES -58
S -VHS Edit Desk
1 1202
Mackie Audio Mixer
1 AG -455
Panasonic Camcorder
1 3140
Bogen Tripod System
1
Cables and Accessories
1
Installation
TOTAL OF 1 SYSTEM
EXHIBIT B
VHS EDITING SYSTEM
Qty Model Description
2 KV13M10 Sony 13" Monitors
2 SLV-R1000 Sony S -VHS Deck
1 XV-AL100 Sony Edit Controller
1 Installation
TOTAL OF 5 SYSTEMS
S -VHS SPECIAL EFFECTS EDITING SYSTEM
Qty
Model
Description
1
A13-1
A/B Edit Controller
1
MX -1
Video Mixer
1
TM -2000
Video Titlemaker (Character Generator)
3
SVO-2000
Sony S -VHS Deck
3
TM -131
JVC S -VHS Monitor
1
M-267
Shure Mic Mixer
1
EV -635A
Electro -Voice Mic
1
DS -5
Mic Desk Stand
1
E4102
Winsted Editing Console
1
41581
Winsted Editor Shelf
3
41581
Winsted VTR Shelf
1
Cables and Accessories
1
Installation
TOTAL OF 1 SYSTEM
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance #1341-6-95
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
July 26 & July 29, 1995
and which was issued on
July 26, 1995
by City of n A l l e n of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND ORN to before me this
day A.D. 19�
/--a,
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 20 . 26
My COMMISSION EXPIRES
Qesember5, 1G96
CITY OF ALLEN -
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
July 20, 1995 (Title Only):
Ordinance No. 1341-6-95: An Ordinance
Granting a Franchise to Communications
Services, Inc., to Construct, Maintain, and
Operate a Cable Television System within
the City of Allen under the Provisions of
Ordinance No. 1340-6-95.
A copy of s ordinance
Purchased inl the office of he City Sebe cret-
ary, City of Allen, One Butler Circle, Alle ,
Texas 75013.
/s/ Judy Morrison
City Secretary
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
July 20, 1995 (Title Only):
Ordinance No. 1341-6-95: An Ordinance
Granting a Franchise to Communications
Services, Inc., to Construct, Maintain, and
Operate a Cable Television System within
the City of Allen under the Provisions of
Ordinance No. 1340-6-95.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75013.
/s/ Judy Morrison
City Secretary