HomeMy WebLinkAboutORD 942ORD 942 Ü h£Ÿjì ã ORDINANCE NO. 942
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK GRANTING A
FRANCHISE FOR A CABLE TELEVISION
SYSTEM TO UNITED CABLE TELEVISION OF
BALDWIN PARK, INC.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
ORDAIN AS FOLLOWS:
1. Gr^nt of Franchise. This nonexclusive
Franchise for a Cable television system hereinafter
Franchise") is issued pursuant to the authority provided in
Chapter 5.24, of the Baldwin Park Municipal Code
hereinafter Chapter"), Ail af the provisiens of said
Chapter are incorporated herein by this reference, as if set
forth in full. Pursuant to the provisions of said Chapter,
the City Council hereby grants a nonexclusive Franchise to
construct, operate and maintain a cable television system
within the service area hereafter described to United Cable
Television of Baldwin Park, Inc., a wholly-owned subsidiary
of United Cable Television Corporation hereinafter referred
to as the Grantee") with all the rights and privileges and
subject to all of the terms and conditions 6f said Chapter,
and the terms and conditions provided herein* The Grantee's
franchise application is incorporated into the Franchise by
this reference as if set forth in full. In the event of any
conflict between this Ordinance and the Grantee's franchise
application, the provisions of this Ordinance shall govern.
2. Service Area. The Service Area and the
Streets to which this Franchise relates, are as follows:
All property within the boundaries
of the City of Baldwin Park as they
exist on the date of adoption of
this Ordinance, more particularly
described in Exhibit A", attached
hereto and incorporated herein by
this reference, and as the
boundaries may exist during the
Franchise period, through
annexation, subject to the pro-
visions of Section 5.24.170 of said
Chapter.
3. Term of Franchise. The term of this Franchise
shall be for a period of fifteen 15) years, commencing on
the date of Grantee's acceptance thereof. This Franchise is
subject to termination as provided in said Chapter and as
hereinafter expressly provided.
4. Franchise Fees.
f A. Amount. Grantee shall pay to the City,
during the term of this Franchise, an amount equal to five
percent 51) of the Grantee's gross receipts; such payments
shall be due according to the schedule indicated in
Exhibit B".
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã
The City expressly reserves the right to increase
the amount of the franchise fee imposed pursuant to this
Section in the event it is determined that the City has the
legal authority to increase the fee over the sum of five
percent 5»).
5. Reports,
A- Financial Reports. Pursuant to Section
5.24.040 of said Chapter, Grantee shall file for both
Grantee's operations within the City, only, and the
operations of United Cable Television of Baldwin Park, Inc.
the following documents with the City-Manager within ninety
90) days after the expiration of any fiscal year of Grantee
during which this Franchise is in force; i) a balance
sheet; ii) an income or earnings statement; and iii) a
change in financial position statement. The income
statement shall show in detail the gross receipts, as
defined in the Chapter, that Grantee received during the
eiacal year/ oc portion thereof.
The financial documents for Grantee's operations
within the City, only, shall be certified as accurate by an
officer of Grantee.
B. Public Records. United Cable Television
of Baldwin Park, Inc., and United Cable Television
Corporation shall file with the City Manager any and all
financial documents generally available to the public,
including but not limited to balance sheets, income and
earning statements, change in financial position statements,
and prospectuses for the sale of common stock or limited
partnerships. These documents shall be filed with the City
Manager's office within 15 days of their issuance.
C. Opinion Survey Report. Within two months
after the end of Grantee's fiscal year, it shall submit to
the City an Annual Opinion Survey Report. The Report shall
be based upon a survey taken to identify subscriber
satisfaction or dissatisfaction with the Cable Television
System. The survey shall be in a format approved by the
City Manager, and may be in the form of a postage-paid,
self-addressed post card, which may be included in one or
more bills for service.
D. Annual Reports. At City's sole option,
within ninety 90) days after the close of Grantee's fiscal
year, the Grantee shall submit a written annual report, in A
form approved by the City, including, but nob limited to,
the following information:
1) A summary of the previous year's
or, in the case of the initial report year, the initial
year's) activities in development of the Cable System,
including, but not limited to, services begun or
discontinued during the reporting year, and the number of
subscribers for each class of service;
2) A current statement of costs of
construction by component categories;
3) A statement of projected
construction for the next two 2) years;
2-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 0
/. 4) A list of Grantee's officers,
members of its board of directors, and other principals of
Grantees-
is) A list of stockholders or other
equity investors holding five percent 5%) or more of the
voting interest +n the Grantee and its parent;
6) To the extent that money, other than
profits, is paid to a parent, subsidiary, or other person
affiliated with the Grantee, the amounts of such payments
and the basis for computation of such amounts e.g., the
basis for computing any management fees or share of home
office" overhead).
E. Plant Survey Report. At City's sole
option. Grantee shall submit to City an annual plant survey
report which shall be a complete survey of the Grantee's
plant and a full report thereon. Said report shall include,
bufe RQt be limited to, a description and ig-built" maps Qf
the portions of the franchise area that have been cabled and
have all services available, and an appropriate engineering
evaluation including suitable electronic measurements to
determine compliance with the Franchise's technical
standards. Said report shall be in sufficient detail to
enable the City to ascertain that the service requirements
and technical standards were achieved and maintained. If
City has reason to believe that portions or all of the
system do not meet the technical standards,*at City's
request, but no more often than once per three 3) years,
the Grantee and the Grantor shall agree upon the appointment
of a qualified independent engineer to evaluate and verify
the technical performance of the cable system. The cost of
such evaluation shall be borne equally by the Grantee and
the City.
F. Copies of Federal and State Reports. The
Grantee shall submit to the City copies of all pleadings,
applications, reports, communications and documents of any
kind, submitted by the Grantee to, as well as copies of all
decisions, correspondence and actions by, any Federal, State
and local courts, regulatory agencies and other government
bodies relating to its cable television operations within
the Franchise area. Grantee shall submit such documents to
the Grantor simultaneously with their submission to such
courts, agencies and bodies; and within ten 10) days after
their receipt from such courts, agencies and bodies. The
Grantee hereby waives any right to claim confidential^
privileged or proprietary rights to such documents unless
such confidential rights are determined to be confidential
by law or by the practices of Federal or State agencies.
Such confidential data exempt from public disclosure shall
be retained in confidence by the Grantor and its authorized
agents and shall not be made available for public
inspection.
G. Miscellaneous Reports. Grantee shall
submit to the City such other information or reports in such
forms and at such times as the Grantor may reasonably
request or require.
H. Inspection of Facilities. The Grantee
shall allow the City to make inspections of afty of the
Grantee's facilities and equipment at any time upon
reasonable notice, or, in case of emergency, upon demand
without prior notice.
3-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã I. Public Inspection. All reports subject
to public disclosure, shall be available Cor public
inspection at a,designated City office during normal
business hours*
J- Failure to Report* The refusal, failure,
or neglect of the Grantee to file any of the reports
required, or such other reports as the City reasonably may
request, shall be deemed a material breach of the Franchise,
and shall subject the Grantee to all remedies, legal or
equitable, which are available to the City under the
Franchise or otherwise.
K. False Statements. Any materially false
or misleading statement or representation made knowingly by
the Grantee in any report required under the Franchise shall
be deemed a material breach of the Franchise and shall
subject the Grantee to ail remedies, legal or equitable,
which are available to the City under the Franchise or
otherwige.
L. Cost of Reports. All reports and records
required under this or any other section shall be furnished
at the sole expense of the Grantee.
6. Reimbursement of City Expenses, The Grantee,
within sixty 60) days afterreceipt from the City of a
written itemization, shall reimburse the City for its rea-
sonable costs incurred during the franchise'process to the
extent not recovered by application fees, not to exceed
Eight Thousand Five Hundred Dollars $8,500.00).
7. Limitation of Use. The Cable Television
System hereby franchisee! shall be used exclusively for the
purposes expressly authorized by said Chapter and no other
purpose whatsoever.
8. Acceptance of Franchise, Pursuant to the
terms and conditions set forth in Section 5.24.090 of said
Chapter, Grantee shall file with the City Clerk its
authorized written, uncondit ional, non-contingent acceptance
of this Franchise and its agreement to be bound by and com-
ply with all the requirements hereof. An acceptance which
constitutes a qualified acceptance shall not be deemed to be
an acceptance as required by said Chapter.
9. Construct ion of System. Time* Upon the
effective date of ttus Franchise, Grantee shall diligently
proceed to obtain all necessary permits and authorizations
necessary to construct and operate the Cable Television
System, including encroachment permits from the City,
County, State or Federal governments, as required. Grantee
shall forthwith proceed or continue to proceed with
construction and installation of the System as specified and
described in this Ordinance and said Chapter, as approved by
the City Council and shall diligently and without delay
carry all construction to full completion. Said System
construction shall be completed within eighteen 18) months
of Grantee's acceptance of this franchise and in accordance
with the construction schedule contained in Exhibit C",
10. System Design. Performance Requirements.
A* System Configuration. The Cable
Television System shall consist of a Residential Network.
The Residential Network shall provide activated
4-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 0
bidi rectional communicat ions capability in its initial
configuration hereinafter, the Interactive Residential
Network"). Operation of the technical headend" and local
origination/PEGiaccess studio shall be located at the site
established and under the terms and conditions detailed in
Exhibit B," attached hereto.
B? Channel Capacity. The Cable Television
System shall be'installed to deliver signals at frequencies
up to four hundred fifty megahertz 450 MHz), with specific
capacity as indicated below.
Cable
Network
Residential
Signal
Signal Frequency Channel
Direction Range Capacity
Outbound 50-450 MHz 66
Residential inbound 5- 30 MHz 4
C. Satellites, The Cable Television System
shall have a sufficient capacity to receive signals from all
operational communications satellites that generally receive
and transmit programs carried by cable systems throughout
the life of this Franchise.
D. Capacity for Interactive* Residential
Services. Grantee shall activate the Interactive
Residential Network at the time that service is available to
all residents within the Franchise area. Grantee shall make
available two bidirectional residential network channels for
a pilot project at no charge for two 2) years after the
Interactive Residential Network is activated. One of the
two bidirectional channels shall be for PEG Access. All
customer equipment necessary for such services, such as
addressable interactive converters/ home terminals and home
detectors, shall be provided to subscribers by Grantee in
accordance with established and uniform rate schedules*
At the end of the two 2) year period, if
the City has determined that the pilot project has succeeded
and that the institutions using the second non-PEG Access
channel wish to continue utilizing the channel. Grantee and
the City will negotiate in good faith for an agreement for
payment for use of the second channel on the Interactive
Residential Network* Regardless of whether the aecond non-
PEG Access channel is continued after the end of the pilot
project, it shall be within the City's sole discretion to
determine if the bidirectional PEG Access channel should be
continued for the life of the Franchise.
E. Residential Interactive Network Service
Commitments. Services to be provided to Interactive
Residential Network users shall include, but not be limited
to, those specified in Exhibit D".
F. Cablecasting Facilities* Grantee shall
provide one Local Origination/PEG Access Studio and seven
character Generators, as more specifically described in
Exhibit B".
Grantee shall construct and provide the Local Ori-
ginalion/PBG Access Studio and two Character Generators
within the period set forth in Exhibit B. Grantee shall
5-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã
provide the remaining five Character Generators within nine-
ty 90) days after it receives a request for them from the
City.
G. Interconnection, Upon City's request,
Grantee shall negotiate in good faith to interconnect its
Cable Television System with neighboring cable systems in
the future. Within six 6) months of a City request,
Grantee shall report to City the results of the
negotiations*
Notwithstanding the above. Grantee shall inter-
connect its Cable Television System with Grantee's or its
affiliates' Los. Angeles County cable systero(s) in the San
Gabriel Valley krea. In addition. Grantee shall
interconnect its Cable Television System with the
educational facilities located in the Hacienda Heights area
of Los Angeles Copnty served by United Cable Television of
Los Angela Xnc« Th^ intercouMCtion ih«U include the
public schools of the Hacienda Heights—Las Puenfce Unified
School District, the Bassett Unified School District and the
Rio Hondo Community College. Grantee shall periodically
notify the City of its progress with respect to providing
such interconnection.
H. Emergency Alert Capability. Grantee
shall provide the System with capability to transmit an
emergency alert signal to all participating subscribers.
Grantee shall also provide an emergency audio override
capability to permit Grantor to interrupt and cablecast an
audio message on all channels simultaneously in the event of
disaster or public emergency.
I. Standby Power. Grantee shall provide
standby power generating capacity at its Cable Television
System control center and at all hubs. Grantee shall
maintain standby.power system supplies throughout the
distribution networks.
J. Status Monitoring. Grantee shall provide
an automatic status monitoring system or an acceptable
equivalent as an integral part of the Residential Cable
network upon two-way activation of the Cable Television
System. The City Manager, in his sole discretion, may defer
this requirement upon the Grantee's submission of evidence
indicating that there is no reliable automatic status
monitoring system or acceptable equivalent available on the
market*
K. Technical Standards. To the extent
permitted by law, the Federal Communications Commission
FCC") Rules and Regulations, Part 76, Subpart K Technical
Standards) and any amendments thereto, shall apply.
However, because of the recent development of interactive
and other innovative services, modifications of FCC
standards, as presented in the specifications below, are
considered as necessary to meet system service objectives.
In addition. Grantee is under an obligation, pur-
suant to Section 5.24.030 of said Chapter, to upgrade its
System's technical standards to those as advanced as the
current state of technology will allow. Grantee's failure
to so upgrade its System shall be deemed a material breach
of the Franchise, and grounds for liquidated damages or ter-
mination of the Franchise.
6-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã L. Applicable Technical Standards. Grantee
shall comply with any technical standards or guidelines of
the Federal Communications Commission currently in force/ or
which may be adopted during the term of the Franchise. To
the extent the City may enforce the following technical
standards under state or federal law, Grantee shall comply
with the following:
1) Forward Signal Class I
Channels. The System shall be capable of carrying sixty-six
66) Class I Television Channels and the full FM broadcast
band. The combined forward trunk and distribution system
shall deliver signals to each subscriber's TV receiver that
will meet or exceed the following specifications at the mean
system temperature + 70° F. This shall include the effects
of drop cables,linterior splits and any terminal equipment
such as descramblers and set-top converters:
A. Frequency Response:
Headend
\ System
Trunk
B. Carrier to Noise
1 dB
1 + N/8
1 + N/12
43.789 dB
C. Carrier to Cross Modulation
D, Intermodulation
E. Carrier to Co-Channel
F. Carrier to Hum
Carrier to Composite Triple Beat
down from visual carrier
G.
FM'Carrier Level
H.
I. Echo
J. Chroma Delay
54.6259 dB
65.3 dB
36 dB
2t
54.77 dB
15 dB below
Channel 6
visual
carrier
5 7%
150 nsec.
2) Reverse Signals The reverse
channels shall have the capability dfproviding return
signals from any subscriber tap to the extreme end of any
area without noticeable signal degradation or interference.
a) The System capability shall
include transmission of color video, black and white video,
and both low and high speed data, whether analog or digital.
b) If necessary to prevent the
build-up of noise and distortion products, the area shall be
divided into sections, and sub-trunks run to a central hub
within the area. Equivalent alternatives such as
addressable taps or switches may be utilized.
c) No more than + 54 dBmV output
level shall be required out of any customer interface device
to meet the system specifications,
7
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 0
d) Where applicable, the end of
the system specifications shall include the effects of any
signal reprocessing equipment necessary to achieve forward
transmission*
e) For Class I signals, the signal
delivered to the subscriber's TV receiver? after being
transmitted to the headend, processed and retransmitted down
a forward channel, shall meet the Technical Standards of the
FCC regulations. Part 76, Subpart K,
3) Annual and Quarterly System Tests
Compliance with these technical standards shall be
determined through the Annual and Quarterly System Tests required
pursuant to Section 5.24.030(L)(2) of said Chapter.
Quarterly testirfg shall be required only if the City Manager
determines on the basis of Annual Test results that
Quarterly Testing is appropriate.
M. Institutional Network Commitment^.
Services to be provided to Institutional Network users shall
include, but notf be limited to, those specified in Exhibit
D".
11. Services and Programming *
A., Initial Services and Programming.
Subject to applicable law. Grantee shall provide, as a
minimum, the initial services and programming listed in the
tier format as shown in Exhibit E". If any listed service
shall become unavailable, or cannot be provided for valid
reason, Grantee shall provide substitute programming
considered at least as attractive to cable system
subscribers. Grantee shall not reduce the number of program
services without prior written notification to the City.
Grantee may combine programming into composite channels to
improve efficiency of channel utilization or to attract a
larger viewing audience.
B. Leased Channel Service. Grantee shall
offer leased channel service at nondiscriminatory rates and
on reasonable terms and conditions in accordance with appli-
cable law.
City shall have the right to utilize access
channels to provide residents with any service considered in
the public interest. If such service generates subscriber
revenue, Grantee shall hdve the first right of refusal to
provide the service, under the same terms and conditions
available from third parties.
C< Support for Local Cable Usage.
I) Public Cable Usage Management. It
is City's intent to delegate to an independent non-profit
entity, such as a Commission or Board, the authority to re-
ceive and allocate support funds and other considerations
provided by the Grantee and/or others, designed to promote
and develop public-benefit usage of the cable system*
2) Joint Management. The Commission or
Board may be established jointly with neighboring juris-
dictions, at City's sole option,
8-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 0
3) Grantee Support for Public Cable
System Usage. Grantee shall provide the following or
equivalent support for public cable usage, at a minimum:
a) The equipment and facilities
designated in Section 10F and Exhibit B for PEG Access use,
b) Reasonable and nondiscrimi-
natory use of Grantee's local origination facilities, on a
defined priority basis, by non-commercial tax-exempt
organizations at no charge.
c) Adequate PEG access and
community programming support staff by the second year of
Cable Television' System operation.
d) Not less than two 2) free
ining workshops annually to train community and
ers in cablecasting techniques and equipment*
video tra
access users
e) An advertising and promotional
campaign to familiarize residents of the City with the Cable
System's PEG Access facilities.
Development and implementation
of a student internship program with local schools.
f g) Replacement equipment, adequate
consumable supplies and maintenance parts f6r equipment and
programs related to PEG Access programming.
h) Dedication of ten percent 10%)
of the Cable Television System's Residential Network
downstream capacity seven 7) channels) and twenty-five
percent 25%) of the Cable System's Interactive Residential
Network upstream capacity one 1) channel] for PEG Access
use throughout th^ life of the Franchise. Should Cable
Television System'capability be expanded in the future,
additional channels shall be dedicated for public use to
total the above percentages.
i) Grantee may utilize all such
channel capacity when not utilized for PEG access, but shall
relinquish any such channels within six months after
receiving a request from the City certifying to a public
need, A minimum of one channel shall be designated
initially for PEG access upon Cable Television System
activation.
4) In accepting this Franchise, the
Grantee agrees that the commitments indicated herein are
voluntarily offered, and will not be charged against any
Franchise Fees due bhe City during the term oC the
Franchise.
12. Rates and Charges.
A Initial Rates and Charges. Grantee's
initial rates and charges shall be those set forth in
exhibit F". Grantee shall give the City a 30-day notice
rfefore implementing any rate or charge increase. To the
extent local regulation of rates is permitted under federal
and state law, existing rates and charges may be changed
from time to time only by resolution of City Council
pursuant to said Chapter.
9-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã
13. Purchasing, Training and Employment
Requirements.
A. Local Purchasing and Hiring Policies.
Grantee shall establish a policy ot employing City residents
within its own operations, and/or utilizing City-based firms
for purchases and construction subcontracts, to the maximum
extent possible. Grantee shall provide City with a written
report of local purchasing and hiring achievements at least
annually for the duration of the franchise.
B* Equal Employment Opportunity and
Affirmative Action Programs. Throughout the term of this
Franchise, Grantee shall conduct its business as an Equal
Employment Opportunity Affirmative Action Employer. In
addition, throughout the term of the Franchise, the Grantee
shall maintain a policy that all employment decisions,
practices and procedures are baaed on merit and ability
without discrimination on the baais of an individual's race,
color, religion, age, marital status, sex, national origin,
or physical or mental condition. The Grantee's policy shall
apply to all employment actions including advertising,
recruiting, hiring, promotion, transfer, remuneration,
selection for training, company benefits, disciplinary
action, lay-off and termination. The Grantee shall carry out
this policy through continued dedication to a determined and
sustained effort to provide equal employment opportunities
to all by taking affirmative action to employ and advance in
employment qualified women, minorities, persons who are
physically or mentally handicapped and veterans. The Grantee
shall provide to the City a written Affirmative Action
Program to carry out this policy no later than sixty 60)
days after the e/ffective date of this Franchise,
i
14. Regulation and Review.
A. Regulation. This Franchise shall be
subject to regulation by City in accordance with the
provisions of th^is Franchise, and applicable state and
federal law. City may, at its sole option, enter into joint
regulatory agreements with other public agencies in adjacent
jurisdictions served by the same Grantee.
\
B- Annual Review of Quality of Service. At
Grantor's sole option, within ninety 90) days of the first
anniversary of the effective date of the Franchise, and each
year ther««ift«r throughout th« tucm of fch« Franchi»«, the
Grantor and Grantee uhdil meet publicly to review the
performance and quality of service of the cable
communications system. The reports required under Sections
5 and 14 shall be utilized as the basis for review. In
addition, any subscriber may submit comments during the
review meetings, either orally or in writing, and these
shall be considered.
Within thirty 30) days after the conclusion
of the quality of service review meetings. Grantor shall
issue a report with respect to the adequacy of System
aerformance and quality of service. If inadequacies are
lound. Grantor may direct Grantee to correct the
inadequacies within a reasonable period of time.
Failure of Grantee, after due notice, to
correct the inadequacies shall be considered a material
breach of the Franchise, and Grantor may, at its aole
10-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 0
discretion, exercise any remedy within the scope of this
Ordinance considered appropriate.
C. System and Services Review. To provide
for technological, economic, and regulatory changes in the
state of the art of cable conununi cat ions, to facilitate
renewal procedures, to promote the maximum degree of
flexibility in the Cable System, and to achieve a
continuing, advanced modern system, the following system and
services review procedures are hereby established:
1) At Grantor's sole option, the
Grantor and Grantee shall hold a system and services review
session on or about the third anniversary date of the
Franchise. Subsequent system review sessions shall be
scheduled by the Grantor approximately each three 3) years
thereafter.
2) Sixty 60) days prior to the
scheduled system and services review session, Grantee shall
submit a report to Grantor indicating the following:
f a) All cable system services that
are being provided on an operational basis, excluding tests
and demonstrations, to cities in the United States with
populations comparable to that in the Franchise area, that
are not provided by the Grantee.
b) A plan for provision of such
services, or a justification indicating why such services
are not feasible for the Franchise.
3) Topics for discussion and review at
the system and services review sessions shall include, but
not be limited to, services provided, application of new
technologies, system performance, programming, subscriber
complaints, user complaints, rights of privacy, amendments
to the Franchise, undergrounding processes, developments in
the law, and regulatory constraints, and technical and
economic feasibility of system expansion or upgrading.
f
4) Either the Grantor or the Grantee
may select additional topics for discussion at any review
session.
5) Not later than sixty 60) days after
the conclusion of each system and services review session,
Grantor ahdil issue a report, including specifically a
listing of any cable services not then being provided to the
Grantor that are considered technically and economically
feasible. Grantor may request Grantee to provide such
services within a reasonable time, under reasonable
conditions. Failure to provide such services without
reasonable justification may be considered a breach of the
Franchise.
15. Operation and Maintenance. The Grantee shall
operate its System continuously on a twenty-four 24) hour
per day, seven 7) days per week basis. It shall be the
aight of all subscribers to receive all available System
iervices, subject to the prompt payment of all applicable
charges.
Grantee shall provide a fully equipped service
organization with adequate staff and facilities for mainte-
11-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã
ORD 942 Ü h£Ÿjì ã
varying degrees of intensity which are incapable of
measurement in precise monetary terms; iii) that services
might be available through the Cable Television System which
are both necessary and available at substantially lower
costs than alternative services, and the monetary loss
resulting from denial of services or denial of quality or
reliable services is impossible to calculate in precise
monetary terms; and iv) the termination of this Franchise
for such breaches, and other remedies are, at best, a means
of future correction and not remedies which made the public
whole for past breaches; and
/
B.. The fact that the failure of the Grantee
to make timely reports as required hereunder will make it
immeasurably difficult for the City to administer the
construction schedule, initiate enforcement proceedings and
obtain compliance with the provisions of this Franchise; and
i
C. The fact of the failure of the Grantee to
flit timely r«quir«d reports will d»ny information nicnary
to enable the City to expeditiously, effectively and effi-
ciently administer this Franchise and exercise its regula-
tory powers in relation thereto for the promotion and pro-
tection of the public convenience, health, safety and
welfare.
Without the provisions of these Sections establish-
ing liquidated damages, the actual damages, for which the
Grantee would be liable, could greatly exceed the amount of
liquidated damages hereinafter set forth. Therefore, the
liquidated damage provisions are of benefit to the Grantee,
as well as the City, and of its residents.
17. Imposition of Liquidated Damages. If the City
believes that the Grantee is in material default under the
terms of said Chapter or of this Franchise, the City Manager
shall give written notice of such default to the Grantee.
The Grantee shall have the time set forth in such notice to
cure the alleged default. If the Grantee concludes that it
cannot cure the default within the time set forth in the
notice, it may request a hearing before the City Council to
seek its approval for a longer cure period. If the Grantee
requests such a hearing, the same shall be placed on the
Agenda of the next most convenient meeting of the City
Council to be held after the City's receipt of the
request. The City Council shall grant an additional period
of time if the same is found to be reasonably required*
If the default is cured within the period of time
allowed therefor, the Grantee shall give the City written
notice of such cure, and no liquidated damages shall be
assessed hereunder. If the City Manager determines that
Grantee has failed to timely cure the default, or if the
City Manager is*satisfied that the actions taken were not
sufficient to cure the default, the City Manager shall, upon
not less than ten 10) days' written notice to the Grantee,
schedule a hearing before the City Council regarding the
alleged default^
At any such hearing to determine whether a default
ycists, the Grantee shall be entitled to make a presentation
Co the Council. After considering the presentation, the
City Council may, in its discretion, approve an extended
cure period if reasonably required, or assess liquidated
damages not to exceed the sum of One Thousand Five Hundred
Dollars $1,500.00) per day, for each calendar day during
13-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã which there is a condtruclAon-reidted deldy/ and One Hundred
Fifty Dollars $150.00) per day. Cor each day during which
Grantee is in material default of any other provision of the
Chapter or this Franchise* The City and Grantee acknowledge
and agree that the above-deycribed liquidated damage provi-
sions represent a reasonable sum in light of all of the cir-
cumstances. Said liquidated damage sums shall be applicable
to each calendar day of delay during which Grantee has been
found by the City Council to be in material default pursuant
to this Section. The Grantee shall pay any Liquidated
damages assessed by the City Council within ten 10) days
after they are assessed. If they are not paid within the
ten-day period, the City may withdraw them from the security
fund deposit provided for at Section 19. The authorized
representatives of the City and Grantee hereby specifically
approve of the liquidated damage provisions of the
Franchise, as set forth above.
\ lTt»-v» d.-^^-^
1—————rrTtle———————
18. Alternat ive Remedies, Neither the termination
of the Franchise nor the imposition of liquidated damages
shall be deemed to be the exclusive remedy for a breach of
this Franchise. Neither the right to assess liquidated
damages nor the assessment of liquidated damages nor the
right to terminate this Franchise shall be deemed to bar or
otherwise limit the right of the City to obtain judicial
enforcement of the Grantee's obligations by means of
specific performance, injunctive relief, mandate or other
remedies at law or in equity, including, where otherwise
applicable, monetary damages.
19» Security Fund, Insurance Coverage* Bonds.
A- Securi ty Fund. Grantee shall deposit
with the City the sum of One Hundred Fifty Thousand Dollars
$150,000.00), as,a security fund deposit. Once the City
Council, in its sole discretion, certifies that construction
of the Cable Television System Is complete, the Grantee may
reduce the security fund deposit to Fifty Thousand Dollars
$50,000.00). The security fund deposit shall be in cash,
or in cash and a letter of credit, in a form acceptable to
the City Attorney, as and Cor the security fund deposit
required pursuant to Section 5.24.080 of said Chapter.
Grantee shall restore to the security fund deposit any
amount the City withdraws as liquidated damages, within ten
10) days after, the City withdraws the money*
f
The Grantee may request that the City reduce the
security fund from Fifty Thousand Dollars $50,000.00) to
Fifteen Thousand $15,000.00) any time after twelve 12)
months after the City Council has certified that construc-
tion of the Cable Television System is completed. The City
shall complete its review of the adequacy of the security
fund within six 6) months after receipt of the Grantee's
request. The City may reduce the security fund to not less
14-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã than Fifteen Thousand Dollars $15,000.00) if it determines
that the reduced sum would adequately insure performance of
the Grantee's obligations under the Franchise.
B. Liability Insurance Coverage, Con t em-
poraneously with the filing of its acceptance of this
Franchise, Grantee shall deposit certificates of insurance
evidencing the existence of policies of insurance required
pursuant to the provisions of said Chapter. The limits of
such insurance coverage, and companies, shall be subject to
approval of the City Manager. The City shall be included as
a named insured on each of said policies pursuant to Section
5.24.080 of said Chapter.
C. Other Insurance Coverage. Grantee shall
maintain during the term of the this Franchiser all other
insurance required by law, including, but not limited to,
Worker's Compensation coverage. As to all such required
coverage, Grantee shall deposit with the City certificates
of insurance evidencing all such coverage. The City shall
be included as a named insured on each of said policies pur-
suant to Section 5.24.080 of said Chapter.
D, Construction Bonds. Grantee shall
provide, and file with the City a faithful performance bond
and a labor and material bond, in a form and amount
acceptable to the City Attorney, which bonds shall be in
full force and effect during the period of construction of
the System. The City Manager may require additional similar
bonds when major additions are made to the System during the
term of this Franchise.
20. Termination of Franchise. The following
material breaches of the Obligations of the Grantee under
the Franchise shall constitute grounds for termination of
the Franchise by the City Council:
A. The willful failure to make any payments
required under this Franchise and/or to provide City with
required information, reports and/or test results in a
timely manner as provided in this Franchise; or
B. Any other act or omission by the Grantee
which materially violates the terms, conditions or
requirements of the Franchise or any order, directive, rule
or regulation issued thereunder and which is not corrected
or remedied within the time set in the written notice of the
violation.
21. Non-Enforcement. The Grantee shall not be
relieved of any obligation to comply with any of the
provisions of said Chapter, this Franchise or any rule,
regulation, requirement or directive promulgated thereunder,
by reason of any failure of the City or its officers, agents
or employees to enforce prompt compliance*
22. Franchise as Contract. This Franchise and the
said Chapter shall be deemed to constitute a contract
between the Grantee and the City. The Grantee shall be
deemed to have contractually committed itself to comply with
he terms, conditions and provisions of this Franchise, and
with all rules, orders, regulations and determinations
issued, promulgated or made pursuant thereto. This
Franchise shall/not be construed to constitute a contract of
adhesion.
15-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã All terms, conditions and provisions of the con-
tract are embodied in this Franchise, and conflicts in
terms, conditions or provisions contained herein shall be
resolved as follows:
A. The express terms of this Franchise shall
prevail over conflicting or inconsistent provisions of said
Chapter.
B. The express terms of this Franchise shall
prevail over conflicting or inconsistent provisions in the
certificate of acceptance of the Franchise,
23. Utility Poles. This Franchise shall not be
deemed to expressly or impliedly authorize the Grantee to
utilize poles owned by the Southern California Edison
Company, General Telephone Company or any other public or
private utility which are located within the streets,
Without the express consent of such yt;U^ty,
24. Changes in Law. Should any"future enactment
of the State of California or any agency thereof, the United
States or any federal agency, or any future decision of any
State or Federal Court require either the City or the
Grantee to act in a manner which is inconsistent with any
provisions of the Franchise, the City Council of the City
shall be authorized to determine whether a material
provision of the Franchise is affected in relation to the
rights and benefits conferred by the Franchise upon the City
and its residents. Upon such determination, the Franchise
shall be subject to reasonable modification or amendment to
such extent as may be necessary to carry out the full intent
and purposes thereof in relation to such rights and
benefits. In addition, if the City Council pays the Grantee
the fair market value of the franchise, it may terminate
this Franchise if the City Council determines that
substantial and material compliance with the Franchise in
relation to the rights or benefits of the City and its
residents have been frustrated by such a State, Federal or
judicial requirement and cannot be corrected by modification
or amendment.
25. The City Clerk shall certify to the passage
and adoption of^this Ordinance and shall cause the same to
be published according to law.
APPROVED AND ADOPTED
ATTEST:
CITY C^ERK
i6
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 1, LINDA L. GA1H, Ci y Clerk of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance No. 942
was regularly introduced and placed upon it6 first reading
at a regular meeting of the City Council on the 4th day of
June, 1986. That, thereafter, 64id Ordinance was duly
approved and adopted at its regular meeting of the City
Council on the 18th day of June, 1986 by the following vote:
AYES COUNCILMAN GIBSQN, 1ZEL.., KING, MCNEILL AND MAYOR WHITE
NOES COUNCILMEN NONE
ABSENT: COUNCILMEN NONE
t^L. SAS^Cm CL6KK
t
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã
EXHIBIT A
SERVICE AREA
SFF/ORD2194
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 0
EXHIBIT B
SCHEDULE OF CRANTEE COMMITMENTS
I. Franchise Fees Grantee shall pay the
franchise fees specified at Section 4 within 45 days of the
conclusion of Grantee's fiscal year.
2. Cable Casting Facilities
a) Grantee shall provide adequate PEG Access
facilities, equipment and staff to meet community demand.
As part of its obligation to provide facilities for PEG
Access/ Grantee shall provide a fully-equipped Local
Originacion/PEG Acc«8i studio with two characfr
generators. The Studio shall be located within City
boundaries and be fully operational and available for use no
later than twenty-four 24) months from the effective date
of the Franchise. As part of its obligation to provide
equipment for PEG Access, Grantee, at a minimum, shall spend
One Hundred Thousand Dollars $100,000.00) on equiping the
Studio with video equipment over the life of the
Franchise. Grantee shall spend initially Thirty Five
Thousand Dollar? $35,000.00) on equipment. It shall be the
City Manager's sole discretion to determine* in what stages
the Grantee shall spend the remaining Sixty-Five-Thousand
Dollars $65,000.00) on equipment.
Ift addition, upon System activation. Grantee
shall also make available for use by residents a mobile van,
fully equipped for remote productions of PEG Access
programming.
It shall be within City Manager's discretion
to determine if community demand necessitates that the
Grantee provide PEG Access equipment in excess of the One
Hundred Thousand Dollar $100,000.00) minimum, or otherwise
provide PEG Access facilities or staff beyond that which the
Grantee initially provides. If the Grantee wishes to appeal
the City Manger's decision to require additional PEG Access
facilities, equipment or staff, it maiy request a public
hearing before the City Council. Following said public
hearing, the City Council may modify or affirm the City
Manger's decision.
b) Grantee shall maintain and replace the
equipment described in Paragraph 2(a) above, for the life of
the Franchise.
c) Grantee shall provide additional
character generators as additional PEG Access channel
capacity is requested by the City pursuant to Section 11C.
3. Local Business Office Grantee shall locate
within City boundaries a Local Business Office, as described
n Section 5.24.030J of said Chapter. Said Office shall be
opened and begin providing service to residents and
subscribers within eleven 11) months of the effective date
of the Franchise.
18
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã EXHIBIT C
CONSTRUCTION AND SERVICE SCHEDULE
1. Constructive Schedule Grantee shall begin
construction of the Cable Television System within nine 9)
months from the effective date of the Franchise, and service
will be made available to the first subscriber no later than
twelve 12) months from the effective date of the
Franchise, Within eighteen 18) months from the effective
date of the Franchise, service will be available to all
residents within the Franchise area.
2W Service Grantee will provide service to all
residents within the existing Franchise area. Should new
areas be annexed to the City, Grantee will extend the Cable
Television System pursuant to Section 5.24.170 of said
Chapter.
3. Residential Interactive Network
a) Upon activation of the Residential
Interactive Network, Grantee's policy shall be to provide
the public agencies listed in Exhibit 0 with a single
interactive service drop at no charge upon request of the
service. Grantee shall provide a single service drop at
Grantee's cost of time and materials to any other
noncommt-rcial or commercial organizations requesting
connection to the Residential Interactive Network.
i
to) The Residential Interactive Network shall
be activated within eighteen 18) months of the effective
date of the Franchise.
4- Service Drops Grantee will provide service
to all residents within the Franchise area. Only those
service drops exceeding a length of one-hundred and fifty
feet 150 ft.) wil,L be charged installation fees higher than
Grantee's standard rates. Said higher installation fees
shall be reasonably related to the cost of time and
materials.
5. Underground ing
a) Grantee shall Install cable plant
underground in areas where at least one other utility is
also located underground. In existing undergrounded areas,
this will be accomplished during the initial construction
phase. In new developments. Grantee shall cooperate with
developers and utility companies to effect joint trench
installation of the cable plant.
b) In areas where the other utilities use
aerial lines. Grantee shall thoroughly inspect the area of
proposed construction prior to design. If the aerial make-
ready costs exceed the cost of placing the cable plant
underground, then the cable plant shall be placed
underground.
c) Where it is determined that the cable
plant shall be underground, the plant will be placed in
appropriately sized conduit to ensure long-term protection
19-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 0
of the cable and minimize the environmental impact of cable
replacement during routine system maintenance or future
upgrades.
d) In those areas where the residents are
served by aerial utilities, but where the resident desires
an underground drop, the Grantee shall charge the subscriber
no more than the cost of time and material for the
installation of said underground drop.
e) In those areas of the City where
utilities must be placed underground, mainline cable conduit
will be placed in 4" to 5" trenches located adjacent to
concrete gutters. The System will be designed to minimize
transverse crossings of streets. However, where transverse
crossings are necessary, conduits will be installed by means
of either boring, sawcuts in the roadway, or installing
cable on both sides of the street.
t
20-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã EXHIBIT D
RESIDENTIAL INTERACTIVE NETWORK
AND INSTITUTIONAL NETWORK
I. The following public agencies are to be provided
Basic Cable Service and cable drops free of charge:
Baldwin Park City Hall
14403 East Pacific Avenue
Police Department
14403 East Pacific Avenue
City Maintenance Division
13135 East Garvey Avenue
Baldwin Park Community Center
14261 Morgan Street
Morgan Park
14255 Ramona Boulevard
Senior Citizen Center
14302 Palm Avenue
Baldwin Park Chamber of Commerce
4141 North Maine Avenue
Los Angeles County Fire Dept., Station 29
14434 Los Angeles Street
Baldwin Park Public Library
4181 Baldwin Park Boulevatd
Animal Control
4275 Eiton Avenue
County Health Services
4640 Maine Avenue
Baldwin Park Post Office
4230 Main Avenue
Baldwin Park Unified School District
3699 Holly Avenue
Charles Bursch School
4245 North Merced Avenue
Central School
14741 Central Avenue
De Anza School
12820 East Bess Avenue
Elwin School
13010 East Waco Street
Foster School
13900 Foster Avenue
Erhtst R. Geddes School
14600 Cavette Place
Margaret Heath School
14321 School Street
Kepmore School
3823 Kenmore Avenue
Pleasant View School
14900 East Nubia
Tracy School
1J350 Tracy Avenue
Vin^land School
3609 Vineland Avenue
Walnut School
4701 North Walnut Street
Baldwin Park Children's Center
13529 Prancisquito Avenue
Charles D, Jones School
14250 Merced Avenue
21
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 0
Landis School
4733 North Landis Avenue
Olive School
13701 East Olive Street
Sierra Vista Junior High
3600 Frazier Street
Baldwin Park High
3900 East Puente Avenue
Sierra Vista High
3600 Frazier Street
North Park Continuation) High
4600 Bogart Avenue
Baldwin Park Adult School
13307 Francisquito Avenue
Sierra Vista Medical Center
14148 Francisquito Avenue
2. A single drop for the Residential Interactive
Network will be provided without charge to the public
agencies listed above* Each of the public agencies listed
above shall receive Basic Cable Service free of charge for
the life of the Franchise. These agencies will be charged
for additional drops at Grantee's time and materials. A
monthly service charge of $9,95 will be assessed on each
additional drop.
3. Grantee shall provide internal wiring of the
buildings listed above at Grantee's cost for time and
materials.
4. The Institutional Network shall be constructed
and activated upon a demonstration of need and determination
of economic viability. Access to the system will be
accomplished by installation of an Institutional Network
drop at those institutions requesting institutional
service. Institutions will be charged for interface
equipment at Grantee's cost of time and materials.
22
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 0
EXHIBIT E
INITIAL PROGRAMMING
KNXT 2) Los Angeles
PROGRAM GUIDE
KNBC 4) LOS Angeles
KTLA 5) Los Angeles
PUBLIC ACCESS CHANNEL
KABC 7) Los Angeles
KLCS 58) Los Angeles
KHJ 9) Los Angeles
PUBLIC ACCESS
CHANNEL/DOW JONES CABLE
NEWS
KTTV 11) Los Angeles
KDOC 56) Anaheim
KCOP 13) Lot Ang«l88
LOCAL ACCESS
FAA FREQUENCY
FAA FREQUENCY
KMEX 34) Los Angeles
Spanish language
programming SIN)
KSCI 18) Los Angeles
COUNTY ACCESS
KTBN 40) Los Angeles
FIRST CHOICE SPORTS
KWHY 22) Los Angeles
KHIS
KVCR
KOCE 50)
ELEMENTARY AND SECONDARY
EDUCATIONAL ACCESS
HIGH EDUCATION ACCESS
KCET 28) Los Angeles
CBN CABLE NETWORK
Movies, sports, TV
classics, family
entertainment
THE NASHVILLE NETWORK
County music, variety
TNN)
COUNTRY MUSIC TV Video
country music, 24 hours
CMTV)
AMERICAN MOVIE CLASSICS
Classics and vintage
films AMC)
HOME THEATER NETWORK
Current movies,
classics, specials,
travel No R-rated 1 pm
to 1 am) HTN)
COUNTRY ACCESS
CABLE NEWS NETWORK News
and information programs
24-hours a day.
CNN HEADLINE NEWS News
updates ev^ery 30 minutes
CNN11)
37
*38
39
40
*41
*42
*43
*44
45
46
47
48
49
C-SPAN Live coverage of
Congress, direct from
Washington, D.C. 5:30 am
to 4 pm C-SPAN BRAVO
Performing arts,
acclaimed movies from
around the world*
Commercial free* 4 pm
to 5:30 am*
SHOWTIME Premium
entertainment featuring
movies, comedy, Broadway
specials, concerts and
8«n«i« Coduirrical fru
24-hours a day SHOW)*
CINEMAX More than 50
different movies every
month, plus music and
comedy specials*
Commercial free, 24-
hours a day MAX).
THE DISNEY CHANNEL
Family and children's
programming. Commercial
free DSI)
PLAYBOY Adult
entertainment 5 pm to 2
am FINANCIAL NEWS
NETWORK Stock market
updates, business news,
7 am to 5 pm FNN)•
GALAVISION Spanish
programming*
HOME BOX OFFICE
Blockbuster movies,
entertainment specials,
exclusive sports
Commerical free, 24-
hours a day HBO).
THE MOVIE CHANNEL All
movies all the time*
Commercial free, 24-
hours a day TMC)
PAA FREQUENCY
WTBC 17) Atlanta.
Sports, variety, movies,
TV classics.
WGN 9) Chicago. Classic
movies, series,and major
league sports.
PRIME TICKET Regional
sports programming. Per
event only AP NEW PLUS
Up-to-the minute reports
on world and national
news, spor ts, business•
FAA FREQUENCY
23-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 0
50 VH-1 24-hour video
music.
51 USA CABLE NETWORK Sports
plus daytime and variety
programming 24-hours
day.
53 ESPN:SPORTS NETWORK
Sports plus daytime and
variety programming 24-
hours day,
54 ARTS AND ENTERTAINMENT
Distinctive
entertainment from
around the world.
55 KTLA 5) Los Angeles
56 PUBLIC ACCESS
62 FIRST CHOICE CINEMA
63 THE WEATHER CHANNEL Live
weather or«c««ts with
local updates TWC)
64 NICKELODEON Quality,
non-violent programming
for children and teens.
65 THE DISCOVERY CHANNEL
Science and nature
programming.
66 LIFETIME Health, science
and better living, 24-
hours a day LIFE).
/
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
ORD 942 Ü h£Ÿjì ã 0
EXHIBIT F
INITIAL RATES AND CHARGES
Basic Cable Service
Pay-TV Service
Additional Outlets
FM Service with cable)
Remote Controls
Program Guides
Converter Deposit
Relocation
Reconnection
Installation
Apartments
Commercial Users
Studio Use Fees
Discounts/ Service Packages
Leased Access Channel Rates
9.95
95
95
50
10.95
2.00
25.00
15.00
15.00
30.00
30.00
T&M 1)
TBD 2)
See Below
TBD
1) Time and Materials
2) To Be Determined
Packages:
Bronze 24.90
Silver 31.85
Gold 41.80
Platinum 51.75
Misc. Charges:
Wall Pische
Carpet Fische
Custom Work
Third Outlet
A/B Switch Hook-up
Change of Service
1 Pay)
2 Pay)
3 Pay)
4 Pay)
25
20
20
7
5
5
00
00
00
50
00
00
Per story)
Per hour)
25-
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04
0
nance of its System and for furnishing service to its
customers and prospective customers.
The Grantee shall maintain a set of operating in-
structions, circuit diagrams, technical manuals and bulle-
tins necessary for the proper operation and maintenance of
its System.
The Grantee shall not refuse service to any resi-
dent whose property is adjacent to a public right-of-way in
which a cable is laid or strung, unless the subscriber has
not paid the applicable connection fee or monthly service
charge. The City Manager, in his sole discretion, may ex-
empt the Grantee from the requirement of providing service
to any resident where installation of service would physi-
cally endanger Grantee or its employees or agents.
As subscribers are connected or reconnected to its
system, the Grantee shall, by appropriate means, approved by
fch« City HandgTr auch an d cdrd or brochure Curnilh infor-
mation concerning the procedures Cor making inquiries or
complaints, including the name, address and local telephone
number of the employee or employees to whom such inquiries
or complaints are to be addressed, and furnish information
concerning the City office responsible for administration of
this Franchise with the address and telephone number of that
office. Said card or brochure shall include a description
of the arbitration procedure contained at Section
5.24.030(K) of said Chapter, f
/
Pursuant to Section 5.24.030(K)(1)(c) of said Chap-
ter, Grantee shall maintain a written record, or log" list-
ing the date and time of all subscriber complaints,
identifying the subscriber and determining the nature of the
complaints and when and what action was taken by the Grantee
in response thereto; such record shall be kept at Grantee's
local office, reflecting the operations to date for a period
of at least three 3) years, and shall be available for in-
spection during regular business hours without further no-
tice or demand by the City Manager.
The Grantee shall provide to all subscribers, upon
request, a lockout device or service which will enable the
subscriber to deny the use of selected channels by means of
a key or other decoding device.
16- Damages/Remedies. Representatives of the City
and Grantee, havp, prior to the adoption of this Ordinance,
met and have agreed that as of the time of adoption of this
Ordinance, and as of the date of Grantee's acceptance of
this Franchise, it is impractical, if not impossible to
reasonably ascertain the extent of damages which will be
incurred by City;as a result of a material breach by Grantee
of its obligations under this Franchise. The factors relat-
ing to the impracticality of ascertaining damages include,
but are not limite^ to, the following:
A. The fact that: i) the substantial
damage resulting from breaches by the Grantee of the
schedules for construction of its Cable Television System
4hd provision for service will occur to members of the
public who are denied services or denied quality or reliable
service; ii) such breaches cause inconvenience, anxiety,
frustration and deprivation of the benefits of the Franchise
to individual members of the general public for whose
benefit this Franchise exists, in subjective ways and in
12
BIB]
37971-U01
ORD-U02
942-U02
LI2-U03
FO4404-U03
FO33426-U03
DO33658-U03
C5-U03
ORDINANCES-U03
12/16/2003-U04
ROBIN-U04