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Ord 088-95 9/5/1995ORDINANCE NO. 88 -95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ADOPTING NEW COMPREHENSIVE REGULATORY PRACTICES FOR TIME WARNER ENTERTAINMENT- ADVANCE /NEWHOUSE PARTNERSHIP, AND INCLUDING PROVISIONS FOR INSURANCE, REPORTS AND RECORDS, CONSUMER PRACTICES, CONSUMER PROTECTION MEASURES, CONSTRUCTION AND CONSTRUCTION - RELATED PRACTICES, FRANCHISE FEES AND ALTERNATIVE USER CHARGES, OPERATION PROCEDURES, AND HEALTH, SAFETY AND WELFARE MEASURES; PROVIDING A SAVINGS CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION IN THE NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Wichita Falls finds that the health, safety, and welfare of the citizens of Wichita Falls, Texas, requires that a comprehensive ordinance be adopted which establishes a regulatory framework applicable to the provision of multi - channel service by Time Warner Entertainment - Advance /Newhouse Partnership (hereinafter referred to as "TW ") within its territorial jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. There is hereby adopted by the City Council of the City of Wichita Falls a new comprehensive regulatory practices for Time Warner Entertainment - Advance /Newhouse Partnership known as the "Time Warner Entertainment - Advance /Newhouse Partnership Regulatory Franchise for the City of Wichita Falls, Texas," a copy of which is on file with the City Clerk and the same is hereby adopted and incorporated as fully as if set out at length herein. SECTION 2. That Ordinance No. 3305 is hereby repealed. SECTION 3. Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not be affected thereby. SECTION 4. It is hereby found and determined that the meetings at which this ordinance was passed were open to the public, as required by Article 6252 -17, V.A.T.C.S., and that advance public notice of time, place and purpose of said meetings was given. SECTION 5. That the City Clerk is directed to publish this ordinance in some newspaper of general circulation in the City of Wichita Falls in compliance with the provisions of Section 37 of the City Charter, which publication shall be sufficient if it contains the title of this ordinance and the penalty provided therein for violation thereof. SECTION 6. That this ordinance shall take effect from and after its final passage and publication as required by law. The effective date of this ordinance will be W 6 1 1Cig5' PASSED AND APPROVED this the day of , 1995. - � 000- ATTEST: City Clerk Po ORDINANCE NO. 85-95 - ORDINANCE TO AMEND SEC -' TION 32 -57 OF THE CODE OF ORDINANCES TO ADJUST SEWER RATES FOR RETAIL CUSTOMERS ORDINANCE NO. 86 -95 ORDINANCE MAKING AP- PROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVE- MENTS FOR THE CITY OF WICHITA FALLS FOR THE 're) FISCAL YEAR BEGINNING OCTOBER 1, 1995, ENDING SEPTEMBER 30, 1996, BOTH DATES INCLUSIVE, ADOPT- ING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERG- ENCY. ORDINANCE NO. 87-95 ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICI- PAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS,AND PROVIDING THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1995 -96 AND APPOR- TIONING EACH LEYY,FOR THE SPECIFIC 'PURPOSE AND PROVIDING FOR THE ASSESSMENT OF,- ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND' DECLARING AN EMERG -II ENCY ORDINANCE NO. 88.95 ORDINANCE OF THE CITY (%-% -1 I COUNCIL OF THE CITY OF I4r WICHITA FALLS ADOPTING VZ NEW COMPREHENSIVE °� 1 REGULATORY PRACTICES .9 N FOR TIME WARNER ENTER - `'� TAINMENT- ADVANCE NEW - HOUSE PARTNERSHIP, AND `� I!'vLUDING PROVISIONS R INSURANCE, REPORTS .10 RECORDS, CONSUMER RACTICES, CONSUMER IROTECTION MEASURES, CONSTRUCTION AND CON- - STRUCTION- RELATED PRAC- TICES, FRANCHISE" FEES AND ALTERNATIVE USER CHARGES, OPERATION PROCEDURES, AND HEALTH, SAFETY AND WELFARE( MEASURES; PROVIDING A SAVINGS CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR A PENALTY; PROVIDING FOR j PUBLICATION IN THE NEWS- ( PAPER; AND PROVIDING AN EFFECTIVE DATE ORDINANCE NO. 89.95 ORDINANCE WAIVING AP- PENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF TURTLE CREEK ROAD, ADJACENT TO THE WEST OF LOTS 44 -48, CANYON TRAILS, SECTION THREE ORDINANCE NO. 90-95 iORDINANCE WAIVING SEC- TION 9(B)(J) OF APPENDIX A, WICHITA FALLS CODE OF ORDINANCES (COM- PREHENSIVE SUBDIVISION ORDINANCE NO. 2118) FOR LOT 1, UNIT 33, WICHITA VAL- LEY FARMS, WICHITA COON - TY, TEXAS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW ORDINANCE NO. 91 -95 ORDINANCE WAIVING AP- PENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB nun MITTFa nN TNF WEST .affidavit ®f Publicati ®n THE STATE OF TEXAS COUNTY OF WICHITA On this 18th Ad #639397 day of September 1995 A.D............. personally appeared before me, the undersigned authority Mary E. Newell bookkeeper for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Times /Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising published in one ( 1 ) issues thereof on the following dates: September 9, 1995 Bookkeeper for Times Publishing Company' of Wichita Falls Subscribed and sworn to before me this th ORDINANCE NO.91 -95 ORDINANCE NO. 95-95 ORDINANCE WAIVING AP- J. ORDINANCE OF THE CITY PENDIX A, SUBDIVISION COUNCIL OF THE CITY OF SECTION 9 (B) (2) (a) OF THE WICHITA FALLS, TEXAS, CODE OF ORDINANCES WITH CLOSING, VACATING AND RESPECT TO PLACING CURB ABANDONING APORTION OF AND GUTTER ON THE WEST ! A DRAINAGE EASEMENT SIDE OF F.M. HIGHWAY 1634, OUT OF BLOCK 1, H -S SUB - ADJACENT TO THE EAST DIVISION; FINDING AND DE, LINE OF AN EASTMENT TO TERMINING THAT THE LOT 1, UNIT 33, WICHITA VAL -. MEETING AT WHICH THIS LEY FARMS ORDINANCE WAS DISCUSSED ORDINANCE NO. 92-95 WAS OPEN TO THE PUBLIC ORDINANCE WIAVING SEC - AS REQUIRED BY LAW TION 27 -29 OF THE CODE OF ORDINANCE NO.96 -95 ORDINANCES WITH RE -'. ORDINANCE WAIVING SPECT TO PLACING A SIDE- DEMOLITION AND MOWING WALK ON THE SOUTH SIDE LIENS AND INTEREST OF BELMONT STREET, ADJA- ASSESSED AGAINST THE CENT TO THE NORTH LINE PROPERTY LOCATED AT 805 OF LOT 1, BLOCK 11, UNIVER- AND 807 OHIO STREET, SITY PARK SUBDIVISION WICHITA FALLS, TEXAS, ORDINANCE N0,93 -95 1 FINDING AND DETERMIN- ORDINANCE MAKING AN AP- ING THAS THE MEETING AT PROPRIATION FOR THE RE- WHICH THIS ORDINANCE FUND OF MONIES. TO WAS PASSED WAS OPEN TO WICHITA FALLS ASSOCIATES THE PUBLIC AS REQUIRED IN CARE OF C. ROBERT BY LAW KEENEY FOR THE K -MART ORDINANCE NO. 97-95 PROPERTY ON SOUTHWEST ORDINANCE OF THE CITY PARKWAY COUNCIL OF THE CITY OF ORDINANCE NO. 94-95 WICHITA FALLS, TEXAS, ORDINANCE WAIVING SEC - AMENDING CHAPTER 8, TION 27 -55(a) OF THE CODE 'BUSINESS AND OCCUPA- OF ORDINANCES WITH RE- TIONAL REGULATIONS," AT SPECT TO THE STREET NAM- SECTION 8 -28 SO AS TO IN. ING CONVENTIONS TO ICLUDE THE MULTI -' ALLOW THE NAMING OF (PURPOSE EVENTS CENTER, "BRIDGE CREEK DRIVE" IN j COMPLEX AS EXEMPT FROM BRIDGE CREEK ESTATES, 'THE SAID CHAPTER; I WICHITA. FALLS, TEXAS, (PROVIDING FOR INCLUSION RATHER THAN REQUIRING IN THE CODE; AND FINDING I IT TO BE NAMED "MCNIEL I AND DETERMINING THAT AVENUE" AS A CONTINU- THE MEETING AT WHICH ATION OF THAT STREET; THIS ORDINANCE WAS DIS- FINDING AND DETERMIN- CUSSED WAS OPEN TO THE ING THAT THE MEETING AT PUBLIC AS REQUIRED BY WHICH THIS ORDINANCE LAW WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW day and year first above written: 1 L j f II ► .)te COMPREHENSIVE REGULATORY FRANCHISE OF THE CITY OF WICHITA FALLS FOR TIME WARNER ENTERTAINMENT- ADVANCE/NEWHOUSE PARTNERSHIP 6 • o-cc.c & COMPREHENSIVE REGULATORY FRANCHISE r OF THE CITY OF WICHITA FALLS fr FOR TIME WARNER ENTERTAINMENT- ADVANCE/NEWHOUSE PARTNERSHIP I I I I I i TABLE OF CONTENTS SECTION 1. TITLE 3 SECTION 2. CONSTRUCTION 3 SECTION 3. SCOPE 3 SECTION 4. SEVERABILITY. 3 SECTION 5. DEFINITIONS. 3 SECTION 6. STATEMENT OF INTENT. 12 SECTION 7. ADMINISTRATION; DELEGATION OF POWERS AND I AUTHORITY. 13 SECTION 8. EXEMPTION FROM THIS FRANCHISE FOR CERTAIN MCS IPROVIDERS. 14 SECTION 9. SEEKING RELIEF FROM THIS FRANCHISE 14 ISECTION 10. FAILURE OF THE COUNCIL/FRANCHISING AUTHORITY TO ENFORCE THIS FRANCHISE. 15 ISECTION 11. TW OR i nrJR ASSIGNEES SUBJECT TO PRESENT AND FUTURE FRANCHISES. 16 ISECTION 12. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS AND FRANCHISES. 16 ISECTION 13. RESOLUTION OF INCONSISTENCIES WITH rrAmitAL OR STATE RULES, REGULATIONS OR LAWS. 16 ISECTION 14. RESOLUTION OF CONFLICTS BETWEEN THIS FRANCHISE AND AN EXISTING FRANCHISE AGREEMENT. 17 1 SECTION 15. CIVIL PENALTIES. 17 I SECTION 16. THE COUNCIL/FRANCHISING AUTHORITY'S RETAINED RIGHTS AND AUTHORITIES. 17 ISECTION 17. TW MAY PROMULGATE RULES. 18 SECTION 18. NOTICES. 18 I I i I I SECTIONS 19-23. RESERVED. 19 1 SECTION 24. INDEMNITY. 19 ISECTIONS 25-29. RESERVED. 19 SECTION 30. INSURANCE. 19 I SECTION 31. PERFORMANCE AND CONSTRUCTION/COMPLETION BOND 20 SECTION 32. THE COUNCIL/FRANCHISING AUTHORITY'S POLICY WITH RESPECT TO REPORTS AND RECORDS 22 ISECTION 33. FURNISHING OF REPORTS. 22 SECTION 34. BOOKS AND RECORDS. 23 I SECTIONS 35-39. RESERVED. 23 SECTION 40. NOTIFICATION OF CUSTOMERS AND MCS PROVIDERS' RIGHTS IAND RESPONSIBILITIES: GENERAL POLICY. 24 SECTION 41. NOTICE OF CUSTOMER'S AND TW'S RIGHTS AND IRESPONSIBILITIES WITH RESPECT TO THE PROVISION OF MULTI-CHANNEL SERVICE; MINIMUM CONTENTS. 24 ISECTION 42. BILLING PRACTICES 26 SECTION 43. BILLING CREDIT FOR SERVICE OUTAGES, INTERRUPTIONS; f , SUBSTANDARD SIGNAL OR PICTURE QUALITY OR UNSOLICITED SERVICE. 27 ISECTION 44. PROHIBITION AGAINST NEGATIVE OPTION PROMOTIONAL PACKAGES. 27 ISECTION 45. SPECIAL RULES CONCERNING SALES SOLICITATIONS. 28 I 1 SECTION 46. SPECIAL RULES FOR MENU-DRIVEN SYSTEMS, SERVICE CLUSTERS, AND PACKAGING OF SERVICE TIERS. 29 SECTION 47. CUSTOMER SERVICE HOURS; CAPABILITIES OF CUSTOMER I SERVICE OFFICE; AND TELEPHONES 30 SECTION 48. CUSTOMER SERVICE STANDARDS 32 I SECTION 49. RESERVED 32 II ■ t ii SECTION 50. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED 32 SECTION 51. USE OF EQUIPMENT, RETURN OF EQUIPMENT, SECURITY DEPOSITS, AND i nrJR RETURN 33 SECTION 52. SERVICE INQUIRY LOGS. 34 SECTIONS 53 - 57. RESERVED. 34 SECTION 58. RESTORATION OF A SUBSCRIBER'S PROPERTY. 35 SECTION 59. SERVICE INQUIRIES, REQUESTS, COMPLAINTS, AND RESPONSE TIMES 36 SECTION 60. TW REQUIRED TO MAINTAIN SUFFICIENT REPAIR PARTS AND SUFFICIENT REPAIR PERSONNEL. 37 SECTION 61. NEW INSTALLATIONS; CONNECTIONS-REGULAR, PROMOTIONAL, SEASONAL, SHORT-TERM, PAY-PER-VIEW, AND MENU-DRIVEN; RS CONNECTIONS. 37 SECTION 62. DISCONNECTION FOR NON-PAYMENT. 38 SECTION 63. VOLUNTARY DISCONNECTIONS AND DOWNGRADES. 39 SECTIONS 64 - 68. RESERVED. 40 SECTION 69. PROTECTION OF SUBSCRIBER PRIVACY. 40 ' SECTION 70. RESOLUTION OF COMPLAINTS/INQUIRIES. 40 SECTION 71. POLICY WITH RESPECT TO CONTINUITY OF MULTI-CHANNEL SERVICE PROVISIONS. 41 SECTION 72. CONTINUED USE OF INDIVIDUAL ANTENNAS PROTECTED. ....43 SECTION 73. SYSTEM AND CAPACITY 43 SECTIONS 74-79. RESERVED. 44 SECTION 80. CONSTRUCTION SCHEDULE) AND CONSTRUCTION-RELATED REQUIREMENTS 44 SECTION 81. CONSTRUCTION OF GOOD QUALITY. 45 SECTION 82. CONDITIONS ON USE OF STREETS AND PUBLIC WAYS. 45 SECTION 83. FRANCHISED MCS PROVIDER'S DUTY TO REMOVE FRANCHISED PROPERTIES FROM THE PUBLIC STREETS 46 SECTION 84. CONSTRUCTION STANDARDS. 47 SECTION 85. SYSTEM CONSTRUCTION SCHEDULE FOR FRANCHISED MCS PROVIDERS 48 SECTION 86. SYSTEM EXPANSION FOR TW. 48 SECTION 87. PERMITS AND LICENSES. 51 SECTION 88. SYSTEM FEATURES 51 SECTION 89. STATE OF THE ART. 53 SECTIONS 90 - 94. RESERVED. 53 SECTION 95. COUNCILIFRANCHISING AUTHORITY'S POLICY WITH RESPECT TO SAFETY REQUIREMENTS 54 SECTION 96. EMERGENCY ALERT. 54 SECTION 97. PROVISIONS TO ALERT SUBSCRIBERS IN THE EVENT OF AN EMERGENCY; STANDBY POWER. 55 SECTION 98. IMPLEMENTATION OF A PREVENTIVE MAINTENANCE PROGRAM. 56 ISECTION 99. CONSTRUCTION, FIRE AND SAFETY CODES. 56 SECTIONS 100-104. RESERVED. 56 ISECTION 105. ALTERNATIVE USER CHARGE. 56 ISECTION 106. FRANCHISE REQUIRED; EXCEPTION. 58 SECTION 107. AUTHORITY AND GRANT OF NON-EXCLUSIVE FRANCHISES. ..58 ISECTION 108. L� 1 L6 L 1 1 OF GRANT OF FRANCHISE 59 ISECTION 109. TERM OF FRANCHISE. 59 SECTION 110. APPLICATION FOR FRANCHISE; APPLICATION FEE 61 ISECTION 111. FRANCHISE FEES 61 1 I iv SECTION 112. ASSIGNMENT OR TRANSFER OF FRANCHISE. 64 SECTION 113. DEFAULT OF FRANCHISE; REVOCATION, TERMINATION OR CANCELLATION OF FRANCHISE. 65 SECTION 114. PERFORMANCE EVALUATIONS 67 SECTIONS 115-119. RESERVED. 67 SECTION 120. SPECIFIC ADDITIONAL RULES FOR MCS PROVIDERS CLASSIFIED AS CABLE OPERATORS 67 SECTION 121. SPECIFIC ADDITIONAL PUBLIC, EDUCATIONAL, AND GOVERNMENTAL RULES. 68 h. SECTION 122. THE COUNCIL/FRANCHISING AUTHORITY'S OBJECTIVE AS IT I RELATES TO THE PROVISION OF BROAD CATEGORIES OF VIDEO PROGRAMMING AND SYSTEM SERVICES AFTER THE REBUILD 69 ISECTION 123. INSTITUTIONAL NETWORK. 70 ISECTIONS 124-128. RESERVED. 71 SECTION 129. MISCELLANEOUS PROVISIONS - TAMPERING AND IUNAUTHORIZED RECEPTION OF CERTAIN SERVICES. 71 SECTION 130. EFFECTIVE DATE. 72 I I I I I I I I v ORDINANCE NO. ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ADOPTING NEW COMPREHENSIVE REGULATORY PRACTICES FOR TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP, AND INCLUDING PROVISIONS FOR INSURANCE, REPORTS AND RECORDS, CONSUMER PRACTICES, CONSUMER PROTECTION MEASURES, CONSTRUCTION AND CONSTRUCTION- RELATED PRACTICES, FRANCHISE FEES AND ALTERNATIVE USER CHARGES, OPERATION PROCEDURES, AND HEALTH, SAFETY AND WELFARE MEASURES; PROVIDING A SAVINGS CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED ' BY LAW; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION IN THE NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. ' WHEREAS, the City of Wichita Falls finds that the health, safety, and welfare of the citizens of Wichita Falls, Texas, requires that a comprehensive ordinance be adopted which establishes a regulatory framework applicable to the provision of multi-channel service by Time Warner Entertainment-Advance/Newhouse Partnership (hereinafter referred to as "TW") within its territorial jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ' CITY OF WICHITA FALLS, TEXAS: SECTION 1. There is hereby adopted by the City Council of the City of Wichita Falls 111 a new comprehensive regulatory practices for Time Warner Entertainment-Advance/Newhouse Partnership known as the "Time Warner Entertainment-Advance/Newhouse Partnership Regulatory Franchise for the City of Wichita Falls, Texas," a copy of which is on file with the City Clerk and the same is hereby adopted and incorporated as fully as if set out at length herein. SECTION 2. That Ordinance No. 3305 is hereby repealed. SECTION 3. Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not be affected thereby. SECTION 4. It is hereby found and determined that the meetings at which this ordinance was passed were open to the public, as required by Article 6252-17, V.A.T.C.S., and that advance public notice of time, place and purpose of said meetings was given. 1 SECTION 5. That the City Clerk is directed to publish this ordinance in some newspaper of general circulation in the City of Wichita Falls in compliance with the provisions of Section 37 of the City Charter, which publication shall be sufficient if it contains the title of this ordinance and the penalty provided therein for violation thereof. tSECTION 6. That this ordinance shall take effect from and after its final passage and publication as required by law. The effective date of this ordinance will be O c-.1v he►— 19 9 S PASSED AND APPROVED this the `.'> day of.t -Pi J)i A, 95. MA Y OR ATTEST: 1 G (cuoot City Clerk 1 r 1 1 t r 1 2 COMPREHENSIVE REGULATORY FRANCHISE FOR THE CITY OF WICHITA FALLS. TEXAS WITH TIME WARNER ENTERTAINMENr- ADVANCE/NEWHOUSE PARTNERSHIP SECTION 1. TITLE. This Franchise may be known and cited as the Time Warner Entertainment- Advance/Newhouse Partnership Regulatory Franchise for the City of Wichita Falls, Texas. SECTION 2. CONSTRUCTION. This Franchise shall be construed in light of applicable Federal and State laws and regulations governing multi-channel service practices which specifically include cable television. ' SECTION 3. SCOPE. This Franchise shall be effective within the geographical limits of the City, including any areas subsequently annexed by the City. SECTION 4. SEVERABILITY. If any word, phrase, sentence, part, section, subsection, or other portion of this Franchise, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this Franchise, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect. The Council/franchising authority declares that no invalid or proscribed provision or application was an inducement to this Franchise, and that it would have enacted this Franchise regardless of the invalid or proscribed provision or application. SECTION S. DEFINITIONS. "A/B switch" or "Input selector switch" means any device that enables a viewer to select between any video source (including any type of multi-channel service) or any ancillary equipment. Such a device may be more sophisticated than a mere two-sided switch, may ' utilize other multi-channel system interface equipment, and may be built into television receivers. 1 ' 3 "Access channel" means a government, education, or public channel which is carried on the multi-channel system, but which is not part of any institutional network. "Activated channel" has the same meaning as defined by Federal or State law if such a definition is permitted. "Abandoned calls" mean telephone calls that are connected to an MCS provider's general information number, but the caller hangs up without being attended by a representative of the MCS provider, or by a device capable of receiving a message. "Alternative user charge" means a charge used in place of a franchise fee that the Council requires as payment for the privilege of using the streets, easements, public ways, or rights-of-way of the City in order to construct, maintain, and operate the multi-channel system. An alternative user fee is not based on an MCS provider's gross annual revenues (as is the case in a franchise fee), but rather is based on the value of the City property that an MCS provider is using to construct, maintain, and operate its multi-channel system. "Annual gross revenues" means any and all compensation which is derived from the operation of the MCS system, and which is attributable to the subscribers or customers within ' the City. Further, "annual gross revenues" means any, and all, compensation, in whatever form (except as exempted by this definition), exchange or otherwise derived from all multi- channel services, MCS operations, and MCS-related activities within the City, including but not limited to: revenues from subscriber rates; bulk billing rates; pay-per-view events or channels; premium channels; service tiers; service clusters; institutional networks; advertising; installations; rebates or commissions received from travel or home shopping services; infomercial channels; or commercial access. Also, unless prohibited or pre-empted by either Federal or State law, "annual gross revenues" shall mean any and all compensation from all ancillary multi-channel services, MCS operations, and MCS-related activities within the City, including, but not limited to: sale of MCS or MCS equipment revenues from advertising stuffers inserted into periodic billing statements or other notices; revenues from 900 numbers or revenues from other interactive cable or informational services; revenues from personal communications networks (PCNs); rental of descrambling converters; or other devices; rental of remote control devices (including those with volume control); rental or sale of a/b or input switches; pay-per-view of interactive games or computer programs; rental of digital radio equipment to receive programming off the cable system; sale of satellite antenna-received programming for a programmer or distributor of services; or from revenues received as the tbilling agent, collector, or retailer of satellite antenna-received service. However, "annual gross revenues" does not mean any taxes imposed and/or assessed by law on subscribers (including State sales taxes) which an MCS provider is obligated to collect and pay in full to ' the applicable authorities. "Applicant" means a person submitting an application or proposal to the City for a license or franchise to operate the multi-channel system under the terms and conditions set forth in this Franchise, and any State regulations. I 4 Application" or "Proposal" are synonymous for the purposes of this Franchise. An "application" or "proposal" means the process by which the applicant submits a request and indicates a desire to be granted a license or franchise for all, or a part, of the City. In the event of the award of a franchise, applications and proposals shall be included as appendices to this Franchise. "Assignment of franchise" or "Transfer of a franchise" means any transaction or action which effectively or actually changes operations or managerial control from one person or entity to another. "Auxiliary equipment" means equipment supplied by the MCS provider (such as a converter, remote control unit, or input selector switch), which enhances or assists in the reception or provision of multi-channel service. "Basic cable television service" shall have the meaning provided in the Cable Communications Policy Act of 1984, as amended. "Cable Act" or "CCPA" means the Cable Communications Policy Act of 1984, as amended. "Cable channel" or "Cable television channel" means a portion of the electromagnetic or light frequency spectrum which is capable of delivering a television channel (as "television channel" is defined by the FCC regulation). "Cable operator" or "operator" means any person or group of persons who: (a) provides cable television service over a cable system, and directly or through one (1) or more affiliates owns a significant interest in such cable system; or (b) otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. "Cable service" means: (a) the one-way transmission to subscribers of video programming, or other programming service; and (b) subscriber interaction, if any, which is required for the selection of such video programming service. "Cable system" or "Cable television system" means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, and which is provided to multiple subscribers within the City. However, such terms do not include the following: 5 I (a) a facility that serves only to re-transmit the television signals of one (1) or more broadcast stations; or, (b) a facility that services only subscribers in one (1) or more multiple unit dwellings under common ownership, control, or management unless such facility or facilities uses any public rights-of-way; or, (c) a facility or a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of Section 621(c) of the CCPA -- codified at 47 USC 541) to the extent such facility is used in the transmission of video programming or service directly to subscribers; or, ' (d) any facilities of any electric utility used solely for operating its electric utility. "Charge" means a one-time or non-regularly occurring cost paid by the subscriber, and which is associated with the installation, maintenance, service, or repair of the multi- channel service. Specifically, a "charge" includes, but is not limited to: disconnection fees; downgrade charges; costs for closed-captioned devices and equipment, remote control devices ' and equipment for hearing-impaired customers; installation charges for video camera recorders and players; installation charges for digital radio; and trip or service call charges. "City" means the City of Wichita Falls, Texas, or its lawful successor. "Collection charge" means a charge or fee imposed on a customer by TW for such provider's efforts at collecting, or attempting to collect, a past due account. "Commercially impracticable" means excuse by failure of presupposed conditions as specified in Section 2-615 of the Uniform Commercial Code. "Converter" means any electric, electronic, or other device, separate and apart from r the subscriber's receiver that is capable of converting or changing signals to a frequency not intended to be susceptible to interference within the television, video, or data receiver of a subscriber, and by an g.. ... ....ate channel or other type of selector may also permit a subscriber to view or otherwise use signals delivered at designated dial locations, or such other and use allocations as may be applicable and required for the practical use of the signal. "Council" or "Council/franchising authority" means the City Council of the City of 1 Wichita Falls, Texas, or its lawful successor, which is the lawful legislative body for the City. "Customer" means a subscriber, or user of the services and/or facilities of the multi- channel system provided by an MCS provider. 1 6 "Data Channel" or "Information Channel" means the use of the electromagnetic or light spectrum for the purpose of transporting data or non-video programming. "Decoder" or "Descrambler" means a device which enables a subscriber to convert a 1 scrambled signal into a viewable or otherwise useable signal. "Disaster emergency" or "Disaster" or "Emergency" means an imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the City are threatened. A "disaster emergency" (by illustration) may include a sudden or unexpected insect infestation (such as with locusts or bees), tsnowstorm, flood, hail storm, tornado, severe thunderstorm, hazardous waste infiltration, fire, petroleum, munitions, or nuclear explosion, or aircraft crash. ' "Drop" means a small branch of cable, or other transmitting medium which connects the terminals on the back of the subscriber's receiver to the feeder cable or future technical 1 equivalent on the street, easement, rights-of-way, or public way. "Easement" means and shall include any public easement or other compatible use ' created by dedication, or by other means, to the City for public utility purposes or any other purpose whatsoever, including cable television, or any multi-channel service. "Fa cement" shall include a private easement used for the provision of cable service or any other multi- !" channel service. "FCC" or "Federal Communications Commission" means the Federal administrative agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level. "Fiber cable" or "Fiber optic cable" means pliable cylinders, or strands of glass or plastic, or any future developed technical equivalent, used to carry wide bands of multiple frequencies. "Franchise" means this document authorizing Time Warner Entertainment- Advance/Newhouse Partnership (TW) to construct and operate a franchised multi-channel system, within the City. 1 "Franchise expiration" means the date of expiration, or the end of the term of the franchise, as provided under this Franchise Agreement. "Franchise fee" means a fee or charge that the City requires as payment for the privilege of using the streets, rights-of-way, public ways, and easements of the City in order to construct, maintain, and operate a franchised MCS system. "Franchising authority" or "Council/franchising authority" means the City Council of the City of Wichita Falls, Texas. This definition specifically includes the situation wherein I i the Council in its franchising authority capacity grants a franchise, or renews a franchise, or approves a franchise transfer by TW. "Headend" means the electronic control center, where incoming signals, including those of television broadcast stations, are amplified, modulated, filtered, converted, or in any way processed or converted for redistribution to subscribers. "Hub" means the satellite or remote receiving, processing and/or transmitting facility, enabling the signal to be extended beyond the physical/electronic capabilities of the multi- channel electronics and/or to serve as a remote switching facility. "Late charge" means a charge which is added to a subscriber's account or bill for non- payment of a previously due and delinquent account. "Mayor" means the Mayor for the City of Wichita Falls, Texas. "MCS" means multi-channel service. "MCS provider" or "Multi-channel service provider" means any person or group of persons who: (a) provides multi-channel communications service over the multi-channel system and directly or indirectly owns a significant interest in such multi-channel system; or, b) who otherwise controls or is responsible through any arrangement, for the management and operation of the multi-channel system. The term "MCS provider" or "multi-channel service provider" specifically includes the terms "cable operator," "MMDS provider" or "multi-point distribution system provider," "MMDA provider." "personal communications network system provider" (where applicable), and "SMATV .., ;..�..��." "MDS" means multi-point distribution system. "MDS provider" or "Multi-point distribution system provider" means any person or group of r, authorized by the FCC, within frequency boundaries established by the FCC, to transmit specialized multi-channel programming or data or facsimile transmission to subscriber-selected locations. "Menu-driven" or "menu-driven cable" or "menu-driven program/service" means the process whereby the MCS provider offers multi-channel services via the multi-channel system in a format that allows the subscriber to select and be charged for multi-channel services on either a per-channel, per-program, or per-event basis.. Menu-driven cable allows 8 the subscriber to create his or her own service tier(s) or cluster(s), and the opportunity to change the composition of his or her tier(s) or cluster(s) on a periodic basis. "Multi-channel programming service" or "Multi-channel service" means: (a) the one-way transmission to subscribers of video programming, or other programming service; and, (b) subscriber interaction, if any, which is required for the selection of such video programming or other programming service. "Multi-channel system" means: (a) facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment; or, (b) facility consisting of Infrared transmission or point-to-point transmission (as permitted by law); or, (c) any functional equivalent -- that is designed to provide multi-channel service which h, includes video voice or data programming and which is provided to multiple subscribers within the City. However, such term does not include the following: (a) a facility that services only to re-transmit the television signals of one (1) or more broadcast stations; or, ' (b) a facility that serves only subscribers and one (1) or more multi-unit dwellings under common ownership, control, or management unless such facility or facilities U uses any public rights-of-way; or, (c) a facility or common carrier which is subject, in whole or in part, to the provision to Title II of the Communication Act of 1934, except that such facility shall be considered a multi-channel system (other than for purposes of Section 621(c) of the CCPA — codified at 47 USC 541) to the extent such facility is used in the transmission of video, voice, or data programming or service directly to subscriber; or, ' (d) any facilities of any electric utility used solely for operating its electric utility. "Programming service" means information that TW makes available to all subscribers ' generally. 1 9 "Pay-per-view" or "Premium channel" means the delivery on the multi-channel system of audio and/or video signals to subscribers for a fee or charge on a per-program or per-channel basis. "Person" means any individual, corporation, business trust, estate, trust, partnership, association of two (2) or more persons having a joint common interest, governmental agency, or other legal entity, including the City. "Private communications network," or "PCN," or "Private communications system" means any ancillary or aligned component of TW's MCS system consisting of communications lines, cables, equipment or facilities which are used to provide telecommunications service that in any manner uses or occupies the streets, easement, public ways, or rights-of-way within the City (as annexed). However, "private communications network" does not include any part of a State or FCC licensed local government local exchange telephone company, or any part of a Federal, State, County, or local government owned telecommunications system. "Proposed abandonment of multi-channel service" or "Proposed withdrawal of multi-channel service" or "Proposed cessation of multi-channel service" means the anticipated, contemplated, imminent, or (either voluntary or involuntary) disruption, discontinuance, desertion, or removal of TW's operation and provision of multi-channel service from all, or part, of the City. "Public, educational or governmental access facilities" means: (a) Channel capacity designated exclusively for non-commercial public, educational or governmental use; and, Facilities and equipment for the use of such channel capacity. "Rate" means the periodic price paid for the receipt of any multi-channel service provided by TW. "Revocation", "Termination", or "Non-renewal" means an official act by the City whereby the Council/franchising authority removes, repeals, or rescinds previously approved TW franchise to conduct the running of the multi-channel system within the City. "Service cluster" means the grouping, aligning, or packaging of one (1) or more multi-channel programming services by category (such as sports and/or news), or by rate, or by some other identifiable method, and charging a separate price or rate for each service cluster. "Service outage" for purposes of credit means the loss of picture or sound on all basic subscriber channels, or one (1) or more auxiliary programming channels (including tiers and 10 clusters). For purposes of response to a service call, a "service outage" means a loss of a picture or sound or other informational service provided by TW. Both of these situations assume the outage is not caused by the failure or malfunction of a subscriber's television receiver or by the error, misfeasance or malfeasance of the subscriber. "Service tier" means a category of multi-channel service or other programming service provided by TW, and for which a separate rate is charged by TW. "SMATV" means Satellite Master Antenna Television. "SMATV operator" or "Satellite Master Antenna Television operator" means any person or group of persons who: (a) provides multi-channel service over an SMATV system; or, (b) otherwise controls or is responsible for, through any arrangement, the management of an SMATV system. "SMATV system" means a private multi-channel system not crossing any public rights-of-way and which is located on private and serving private dwellings. "State"" means the State of Texas. "Street" or "Public Way" means the surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by the City (including any street, as defined, which is acquired by eminent domain) for the purpose of public travel, and shall include other easements or rights-of-way now or hereafter held by the City (including any easements or rights-of-way acquired by eminent domain) which shall, with their proper use and meaning, entitle the City and TW to use thereof for the purpose of installing or transmitting multi-channel system transmissions over pole, wire, cable, conductors, ducts, conduits, viaducts, manholes, amplifiers, appliances, attachments, and other r- r as may ordinarily be necessary and pertinent to the multi-channel system. "Subscriber" means a person lawfully receiving multi-channel service delivered by TW. "USC" means United States Code. "User" means a personor organization utilizing the multi-channel system and/or its equipment for purposes of production and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity. "Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. 11 r ■ SECTION 6. STATEMENT OF INTENT. A. The Council recognizes the United States Congress' intent in approving the r CCPA (expressed in Section 601 -- codified at 47 USC 521). As such, the Council reaffirms and adopts those principles and ideals as part of the City's intent with respect to cable television and expands its intent (where applicable) to cover TW. B. As expressed by Congress, and adopted by the Council, its intent is as follows: (1) establish a local policy concerning communications and technologies; (2) establish franchise procedures and standards which encourage the growth and development of cable systems which assure that cable systems are responsive to the needs and interests of the City; (3) establish guidelines for the exercise of local authority with respect to the regulation of cable systems; r (4) assure that cable communications provide, and are encouraged to provide, the widest diversity of information and services to the public; S (5) establish an orderly process for franchise renewal which protects cable operators ' against unfair denials of renewal where an operator's past performance and proposal for future performance meet the standards set by the CCPA, and this Franchise; and, ' (6) promote competition in cable communications and minimize unnecessary regulation that would impose an undue economic burden on cable systems. ' C. In addition to principles and ideals listed in Subsection the Council also P P �) ' expresses that its intent covers the following: (1) to create a set of regulations, standards, and procedures for TW and other MCS ' providers; (2) to create a comprehensive customer service and consumer protection policy for TW ' and other MCS providers; (3) to provide for access and inspection of TW and other MCS provider's books and ' records in order to monitor compliance of local, State and Federal laws, and any franchise agreement (if one has been granted); ' (4) to create a thorough construction and installation policy for TW and other MCS provider's system; ' 12 I I (5) to provide for the health, safety, and welfare of the citizens of the City in light of TW and other MCS provider's construction, operation, and maintenance; ' (6) to provide for emergency override capability, so that citizens of the City may be warned of a potential, imminent, actual disaster or emergency situation that exists in the area; (7) to provide for the introduction and installation of safety alert technology in order to notify subscribers of imminent disaster emergencies; ' (8) to create a thorough procedure for collecting and monitoring franchise fees and g alternative user charges; viable alternative to franchise fees in case such fees, or their collection, to create a tare ruled invalid, unenforceable, or unconstitutional; (10) to create a thorough default and revocation procedure for franchised; (11) to provide for continuity of services in the event of City acquisition, abandonment, withdrawal, cessation of service, revocation, termination, non- renewal, or expiration of this Franchise; (12) to create a performance review procedure in order to assist the City in its periodic ' evaluation of TW or other franchised MCS provider's performance; and, (13) to create procedures for. the evaluation and grant of TW or other MCS provider 111 applications for authorization; the identification of multi-channel service related to community needs; and the establishment and enforcement of rules and regulations of TW or other MCS providers consistent with the identified needs of the ' community. D. Further, the Council recognizes that with respect to cable operators, the ' Council's power to adopt regulations is, in part, authorized under the Cable Act, as well as the Council's police powers, due to the potential for physical scarcity and public disruption when cable either occupies or uses the public rights-of-way. SECTION 7. ADMINISTRATION; DELEGATION OF POWERS AND AUTHORITY. A. The Council/franchising authority is hereby designated the officer of the City which is responsible for the continuing administration of this Franchise. ' B. Unless prohibited by Federal or State law, the Council/franchising authority may delegate its powers and authorities with respect to administering this Franchise, to a duly ' 13 authorized representative of the City, including the Mayor, the City Manager, and/or the City Cable Advisory Committee. C. However, the Council/franchising authority may never delegate its franchising or revocation power to another person. SECTION 8. EXEMPTION FROM THIS FRANCHISE FOR CERTAIN MCS PROVIDERS. A. Recognizing the inherent technological differences between various types of ' MCS providers, and taking into account a number of financial, operational, and maintenance considerations, the Council/franchising authority exempts TW from complying with certain provisions contained in this Franchise under specific conditions. ' B. TW is exempted from complying with the provisions of this Franchise if: ' (1) TW is exempted from this Franchise as a result of an applicable FCC ruling; or, (2) TW is exempted from this Franchise as a result of an applicable judicial ruling. C. It is expressly understood that TW will remain exempted only as long as it ' meets one (1) or more of the specifications of this particular section. D. It also is expressly noted that the extent of the exemption for TW is only for this Franchise. Consequently, if TW is exempted, the Company is expected to abide by, and comply with, any other applicable City, State, or Federal laws and regulations, including any ' applicable Federal, State, or City consumer protection or customer service laws and regulations, as allowed by law. The City's Multi-Channel Service Provider's Ordinance (#119-92) shall govern to the extent that it is not inconsistent with the express terms of this ' Franchise. SECTION 9. SEEKING RELIEF FROM THIS FRANCHISE. A. TW may file a written petition, at any time, with the Council/franchising authority seeking relief from one (1) or more provisions of this Franchise. The relief ' requested may specifically include the delay in implementation of one (1) or more provisions of this Franchise. ' B. In order to receive any relief from one (1) or more of the provisions of this Franchise, TW must satisfactorily demonstrate to the Council/franchising authority that at least one (1) of the following facts exists: ' (1) the provision and/or requirement is expressly prohibited by Federal law, the FCC, or State law; or, ' 14 (2) that the imposition of such provisions and/or requirements will create such an undue economic hardship on TW so as to imperil or eliminate TW's ability to provide multi-channel service to a majority of current subscribers; or, (3) that one (1) or more time frames listed in this Franchise are either impossible to meet, or impractical to meet in light of TW's operational policy; or, ' (4) that TW has its own construction, maintenance, operation, or customer service policy, which the Council/franchising authority deems comparable to, or exceeding, any provision and/or requirement from which TW seeks relief. C. The Council/franchising authority shall have the responsibility of determining whether TW's construction, maintenance, operation, or customer service policy is comparable to, or exceeds, a similar provision in this Franchise. Note well, however, that the Council/franchising authority may delegate investigative and reporting functions to an authorized representative of the City. ' D. As an alternative to seeking an exemption, or requesting relief, TW may submit a written request or petition for clarification on the precise intent and effect that one (1) or more provisions or sections of this Franchise has on TW. ' E. In accordance with this Franchise, the Council/franchising authority may charge TW with the actual costs for processing such a petition, including any costs incurred by outside consultants who are retained by the City to review TW's petition. F. In those instances where the Council/franchising authority grants an exemption ' or relief to TW, or deems TW's operational policy to be comparable to a Franchise provision, then this Franchise Agreement (initial, existing, or renewal) shall be amended within thirty (30) days to reflect the exact extent of such exemption and/or relief. It should be specifically ' noted that the benefit of such exemption, relief, clarification, or comparable policy extends only to TW when granted such exemption, relief, clarification, or comparable policy. SECTION 10. FAILURE OF THE COUNCIIJFRANCHISING AUTHORITY TO ENFORCE THIS FRANCHISE. TW shall not be excused from complying with any of the requirements of this Franchise, or any subsequently adopted amendments to this Franchise, by any failure of the Council/franchising authority on any one (1) or more occasions to seek, or insist upon, ' compliance with such requirements or provisions. ' 15 ' SECTION 11. TW OR inr.IR ASSIGNEES SUBJECT TO PRESENT AND FUTURE FRANCHISES. A. TW, its assignee, or transferee shall be subject to, and expected to comply with, this Franchise in effect within the City, to the extent that TW has not received an exemption or relief from said franchise. B. TW, its assignee, or transferee shall be subject to, and expected to comply with, all Federal and State laws, and with all rules issued by all applicable regulatory agencies now or hereafter in existence. C. TW, its assignee, or transferee shall be subject to all lawful exercise of the City's police power. D. With respect to future franchises noted in this section, nothing contained herein prevents TW from exercising any, and all, of its administrative and legal rights as to challenging the constitutionality, applicability, and enforceability of said future ordinances. SECTION 12. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS AND FRANCHISES. Subject to Section 8.B. of this Franchise, to the extent that there is any prior resolution or ordinance which in part or in whole is directly inconsistent with this Franchise, such part, or such whole, of the prior resolution or ordinance shall be repealed to the extent of the ' inconsistency. SECTION 13. RESOLUTION OF INCONSISTENCIES WITH r wr itAL OR STATE RULES, REGULATIONS OR LAWS. A. In any case of an actual inconsistency between any provision or section of this ' Franchise, and any provision or section of a Federal or State rule, regulation, or law, then the Federal or State rule, regulation or law shall not only supersede the effect of the ordinance, but also control in any local application. B. The above subsection specifically includes any situation wherein an applicable ' Federal or State judicial decision creates an actual inconsistency with any provision or section of this Franchise. In such a situation, the Federal or State judicial decision shall not only supersede the effect of the ordinance, but also control in any local application. 16 SECTION 14. RESOLUTION OF CONFLICTS BETWEEN THIS FRANCHISE AND AN EXISTING FRANCHISE AGREEMENT. A. Where there is a conflict (actual or apparent) between the Ordinance and this Franchise, this Franchise Agreement shall control, and prevail, unless administratively or w judicially determined invalid, unenforceable, or unconstitutional. SECTION 15. CIVIL PENALTIES. A. Civil penalties may be imposed for the violation of any provision of this ' Franchise, as follows: (1) an amount to the violation and the resulting injury up to ' Ten Thousand ($10,000.00) Dollars for each violation, and each day of a continuing violation may be considered a new violation; and/or, (2) if applicable, default and revocation of a franchise granted pursuant to this Franchise, and further subject to any limitations imposed by Federal or State law; and/or, (3) prior to the imposition of any civil penalty, TW shall be given ten (10) days written notice of the violation and be given an opportunity to address the Council/franchising authority for the purpose of presenting its position relative to the violation. ' B. Monetary civil penalties may be imposed in the manner prescribed by either local or State law. SECTION 16. THE COUNCIL/FRANCHISING AUTHORITY'S RETAINED RIGHTS ' AND AUTHORITIES. A. Subject to pre-emption by or other approval authority of the FCC or any other Federal or State governmental entity or agency, and to the extent permitted by any applicable law. the Council/franchising authority retains the authority to provide for: (1) the regulation and control of any multi-channel system within the geographical limits of City; ' (2) the award and grant of a franchise (where required) subsequent to review of an application or r . r . 1.1 by the Council/franchising authority; 1 (3) the periodic review and/or amendment or repeal of all, or part, of this Franchise; and ' (4) if mutually agreed to with a franchise, the periodic review and/or amendment of any existing franchise agreement. B. The Council/franchising authority, to :he extent permitted by Section 623 of the CCPA (codified at 47 USC 543) retains the power to regulate rates or charges associated with the providing of multi-channel service classified as cable service by TW classified as a cable operator. C. Subject to pre-emption by or other approval authority of the FCC or any other Federal or State governmental entity or agency, the Council/franchising authority retains the jurisdiction to enforce all laws and regulations relating to multi-channel customer service practices and consumer protection. D. If the FCC, Congress or other governmental agency with authority over cable or any other MCS provider ever abrogates, deletes, removes or otherwise disposes of rules or standards that are referenced in this Franchise, or relief upon by the Council/franchising authority for purposes of MCS provider compliance with this Franchise, then the Council/franchising authority may, to the extent not pre-empted by or inconsistent with, later adopted law or regulations, re-instate such rules or standards. In such case, the re-instated rules will have the same weight (as allowed under prevailing law) as they had prior to their tinitial deletion. SECTION 17. TW MAY PROMULGATE RULES. ' To the extent that they are not inconsistent with the requirements and responsibilities detailed in this Franchise, TW is authorized to promulgate such rules and internal practices as ' shall be necessary to enable it to exercise its rights and perform its duties under this Franchise, and the rules of any federal or state agency charged with the responsibility of regulating TW. ' SECTION 18. NOTICES. A. Both the Council/franchising authority and TW shall provide the other party with the name and address of the contact person designated to receive notices, filings, reports, records, documents, and other .,dence. All notices shall be delivered to each parry's contact person by certified mail, return receipt requested, personal service with a signed ' receipt of delivery, or overnight with receipt verification. All other filings, reports, records, documents, and other Aence may be delivered by any permissible means, including, but not limited to: facsimile transmission ("faxing"); personal service; overnight mail or ' package delivery; or delivery via cable. The delivery of all notices, reports, records, and other correspondence shall be deemed to have occurred at the time of receipt (unless otherwise designated by State law). ' B. All notices from TW to the City pursuant to this Agreement shall be sent to any address to be designated by the City. TW shall maintain within the City, through the term of ' this Franchise, a local office and telephone number for the conduct of matters related to this Franchise. All notices to TW shall be sent to that address. ' 18 SECTIONS 19-23. RESERVED. SECTION 24. INDEMNITY. A. To the extent permitted by law, TW shall at all times defend, indemnify, protect, save harmless, and exempt the City, the Mayor, the City Manager, the Council/franchising authority, their officers, agents, servants, and employees from any and all penalty, damage, or charges arising out of claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might be claimed now in the future, which may arise out of, or be caused by workers' compensation, or by the construction, erection, location, products performance, operation, maintenance, repair, installation, replacement, removal or restoration of the multi- channel system within the City by a negligent act or omission of TW, its agents or employees, contractors, subcontractors, independent contractors, or implied or authorized representatives. With respect to the penalties, damages or charges referenced herein, reasonable attorney's fees, consultants' fees, and expert witness fees are included as those costs which may be recovered by the Council/franchising authority. Notices shall be delivered to each parry's contact person by certified mail, return receipt requested, personal service with a signed receipt of delivery, or overnight with receipt verification. All other filings, reports, records, documents, and other correspondence may be delivered by any permissible means, including, but not limited to: facsimile transmission ("faxing"); personal service; overnight mail or package delivery; or delivery via cable. The delivery of all notices, reports, records, and other correspondence shall be deemed to have occurred at the time of receipt (unless otherwise designated by State law). B. All notices from TW to the City pursuant to this Agreement shall be sent to any address to be designated by the City. TW shall maintain within the City, through the term of this Franchise, a local office and telephone number for the conduct of matters related to this Franchise. All notices to TW shall be sent to that address. SECTIONS 25-29. RESERVED. SECTION 30. INSURANCE. A. To the extent permitted by law, TW shall at all times defend, indemnify, protect, save harmless, and exempt the City, the Mayor, the City Manager, the Council/franchising authority, their officers, agents, servants, and employees from any and all penalty, damage, or charges arising out of claims, suits, demands, causes of action, or award of damages, whether ..r .,satory or punitive, or expenses arising therefrom, either at law or in equity, which might be claimed now in the future, which may arise out of, or be caused by workers' ....r:...sation, or by the construction, erection, location, products performance, operation, in at least the following amounts: (1) Public liability: $2,000,000.000 per person/per occurrence; 19 (2) Property damage: S2,000,000.00 per any one (1) claim; (3) Umbrella liability: S4,000,000.00 with up to a S50,000.00 deductible and/or base insurance. B. TW's public and personal liability and property damage insurance policy shall specifically include the City and the Council/franchising authority as additional insureds. C. The public and personal liability and r..,r;,.:y damage insurance policy shall be issued by an agent or representative of an insurance company licensed to do business in the State, and which has one (1) of the three highest or best ratings from the Alfred M. Best Company. D. Should the Council/franchising authority make a formal determination that due to the financial, operational, technical, or legal status (or lack thereof) or condition of TW, the above-referenced requirements for minimal insurance are inadequate, then the Council/franchising authority may require TW to obtain and maintain insurance for greater minimal amounts (up to, but not exceeding Five Million [$5,000,000.00] Dollars for public liability, Five Million [$5,000,000.00] Dollars for damage, and Ten Million [$10,000,000.00] for umbrella liability). E. The public liability and r. r :y damage insurance policy shall contain an endorsement obligating the insurance company to furnish the Council/franchising authority with at least thirty (30) days written notice in advance of the cancellation of the insurance. F. Renewal or replacement policies or certificates shall be delivered to the Council/franchising authority at least fifteen (15) days before the expiration of the insurance which such policies are to renew or replace. G. Before the multi-channel system provides multi-channel service to subscribers, TW shall deliver the policies or certificates representing the insurance to the Council/franchising authority, and each policy or certificate delivered shall be accompanied by evidence of payment of the premium thereon. H. If the State permits TW to self insure, then the MCS provider may exercise its right to self insure, as long as the minimal amounts of insurance coverage outlined in this section are met and maintained for the entire period that TW is self insured. However, for the reasons listed in Subsection (D) of this section, the Council/franchising authority may file a formal determination and require an increase in the minimal amounts of insurance coverage. SECTION 31. PERFORMANCE AND CONSTRUCTION/COMPLETION BOND. A. TW shall furnish to the Council/franchising authority, in an amount totaling at least One Hundred Thousand ($100,000.00) Dollars, a performance bond or security bond executed by a surety licensed to do business in this State. The purpose of the performance 20 bond is to ensure performance of any requirements imposed by this Franchise on TW. Further, the purpose is to guarantee that should TW not fulfill any obligations imposed by this Franchise (or where applicable, a franchise agreement), then the surety will make whole (to the extent of the policy) any monetary losses incurred by the City. B. TW shall furnish to the Council/franchising authority a construction/completion bond prior to the time it commences a construction, upgrade, rebuild, or repair/maintenance project that has a capital construction cost or outlay exceeding Fifty Thousand ($50,000.00) Dollars in value. The amount of the bond shall equal at least ninety (90%) percent of the projected capital construction cost. The construction/completion bond shall remain in force at all times, unless relief is granted in an agreement between the Council/franchising authority, and TW. C. The construction/completion bond or security bond shall specifically guarantee that TW will timely abide by its construction, upgrade, rebuild, or repair/maintenance schedule for the multi-channel system and/or any timetable for technical and service improvements or additions to the multi-channel system as may be committed to, or agreed upon, from time to time, by the Council/franchising authority and TW. D. If the City draws on a performance or completion bond or cash deposit as a result of TW's failure to timely discharge its obligations, or failure to construct and activate the multi-channel system, or failure to complete the multi-channel system upgrade or rebuild or repair/maintenance, then TW shall be required, within thirty (30) days, to replenish the completion and performance bond or security bond to the minimal level required by the Council/franchising authority. E. Should the Council/franchising authority make a formal determination that due to TW's past performance (such as a documented history of repeated or multiple franchise violations), or increased cost (greater than fifty [50%] percent of the original estimated cost), or documented untimeliness or incompletion of projects listed in construction schedules, the Council/franchising authority may raise the required amount of either the performance or the construction/completion bond. F. The performance bond or security bond shall be in force at all times unless relief is granted in an agreement between TW and the Council/franchising authority. G. In lieu of a performance bond and construction/completion bond, the Council/franchising authority may accept a written guarantee of an MCS provider pledging the full faith and credit of TW should there be a breach in a material franchise term, or failure to meet any construction schedule. 21 I SECTION 32. THE COUNCIL/FRANCHISING AUTHORITY'S POLICY WITH RESPECT TO REPORTS AND RECORDS. A. The Council/franchising authority recognizes that advances in technology, and the adoption and application of multi-channel laws, rules, regulations, and court decisions may have a profound effect and impact on TW in any given year. B. Consequently, it is incumbent that the Council/franchising authority take measures to reduce the risk that multi-channel service or the multi-channel system will be adversely affected in any given year. C. Therefore, the evaluation of legal, technical, financial, and character qualifications of TW is viewed as a constant undertaking on the part of the City. As a result, the Council/franchising authority requires that the operator maintain and retain all records and reports necessary for the Council/franchising authority to determine compliance with the obligations under this Franchise. SECTION 33. FURNISHING OF REPORTS. A. Within ninety (90) days after this Franchise becomes effective, and thereafter at least once every twelve (12) months, TW may be required by the City to submit a list to the Council/franchising authority, or designee, of files, reports, records, data, or other information that TW periodically files with the FCC, or another Federal or State agency concerning the local cable system. If TW files a non-periodic or non-regular filing with the FCC, or another Federal or State agency, then TW shall (within sixty [60] days of that filing) notify the Council/franchising authority of such Federal or State filing. As part of a performance evaluation, or for any legitimate matter related to the administration of TW, the Council/franchising authority may specifically request that it be provided with any or all listed reports, records, data, or other information that were originally filed with the FCC or another Federal or State agency which will impact the system in Wichita Falls. However, unless specifically authorized by the State, TW shall not be required to provide to the Council/franchising authority, any State or Federal tax returns, or any documents (inclusive of all above-referenced categories) exempted under Federal privacy laws, including Section 623 of the CCPA (codified at 47 USC 551). B. In addition to the requirements noted in Subsection (A) of this Section, TW shall timely submit those reports, statements, and logs required by this Franchise, including, but not limited to, the following: (1) a periodic gross revenue statement in the manner set forth in this Franchise; ' (2) a periodic certification that answering of phones is meeting the specifications listed in this Franchise; 22 (3) upon request, preventive maintenance reports including actual test results and listing of maintenance performed and the respective dates; and, (4) any other reports or information relative to performance of franchise obligations. SECTION 34. BOOKS AND RECORDS. A. TW shall keep complete and accurate books of accounts and records of the business and operations under, and in connection with, the MCS system. B. The Council/franchising authority shall have the right to review (either by mail or at TW's local office) all records (needed for the administration enforcement of this Franchise or any franchise) on seven (7) days written notice, unless specifically exempted by the Council/franchising authority. Such review, unless mutually agreed upon, or judicially ordered, should occur within TW's regular office hours. C. The Council/franchising authority shall have the right to hire, at its own expense, an independent certified public accountant, or other business or financial expert, to review the annual books and records of TW. If after a financial audit it is determined that TW has underpaid amounts owed to the City (in excess of two [2%] percent), then the City may require TW to reimburse the City for the actual cost of the audit. Note well, however, that absent fraud, all audits shall be binding on the City. Further, TW shall only be required to maintain the financial records necessary to verify franchise fees. D. A false entry into the books and/or records of TW, of a material and substantial ' fact shall constitute a material violation of this Franchise. However, an erroneous entry, made in good faith, shall not constitute a material violation of this Franchise. ' E. TW shall keep complete and accurate books and records of the key aspects of the multi-channel system's operation for at least the preceding three (3) years in such a ' manner that all matters pertaining to the franchise performance of franchise obligations in the City can be easily produced and/or verified at the City's request. Also, TW shall make available and produce upon request, any other application records and information that may be required by any other Federal or State agency having jurisdiction over TW, with respect to the Wichita Falls MCS system. SECTIONS 35-39. RESERVED). ' 23 SECTION 40. NOTIFICATION OF CUSTOMERS AND MCS PROVIDERS' RIGHTS AND RESPONSIBILITIES: GENERAL POLICY. A. The Council/franchising authority recognizes that it is critical that a customer of TW fully understand and rea1im the rights and responsibilities of both the customer and TW with respect to the provision, maintenance, and repair of multi-channel service. B. Further, the Council/franchising authority believes that if sufficient information is provided to a customer on certain customer service practices such as rates, billing periods, number and types of service provided, and rules concerning equipment use and return, then that customer will have the information necessary to make an informed decision on what, if any, multi-channel services to subscribe to and receive. C. In order to provide customers with the variety of information needed to make an informed decision, and to ensure that customers are notified of their and TW's rights and responsibilities with respect to the multi-channel system, TW must provide a customer with a written "Notice of a Customer's and TW's Rights and Responsibilities With Respect to the Provision of Multi-Channel Service." D. The "Notice of a Customer's and TW's Rights and Responsibilities With Respect to the Provision of Multi-Channel Service" shall be provided at the time of initial installation. Thereafter, a subscriber shall be provided with a written "Notice" at least once each calendar year. If, however, TW amends, repeals, adds, deletes, modifies, or makes other changes to any customer service practice that is required in this Franchise, then TW shall b' provide a subscriber with such written notification at least thirty (30) days prior to the effective date, if possible, of such amendment, repeal, addition, deletion, modification, or other change. E. Unless expressly prohibited by the State, TW may comply with the "Notice" requirements by providing said "Notice" over the MCS system, on a channel clearly designated for the dissemination of such information (such a channel need not be solely designated for dissemination of such information, and may, in fact, be used at other times for any lawful purpose). SECTION 41. NOTICE OF CUSTOMER'S AND TW'S RIGHTS AND RESPONSIBILITIES WITH RESPECT TO THE PROVISION OF MULTI-CHANNEL SERVICE; MINIMUM CONTENTS. A. TW is required to furnish an annual "Notice," such "Notice" shall contain, at a minimum, the following: t 24 (1) an up-to-date listing of the specific multi-channel services provided -- clearly indicating and isolating the basic, premium, and informational services offered, as well as the service tiers or service clusters offered; (2) notification of a subscriber's ability to purchase or lease, from TW, a lock box, parental control mechanism, or other device which will prohibit the viewing of a particular multi-channel service during a period selected by the subscriber; (3) pursuant to FCC regulations, a subscriber's ability of purchasing or using an A/B or input selector switch; (4) a comprehensive listing and explanation of all rates and charges (including rates for standard or basic and premium channels/services, particular service tiers or service clusters, installation charges, and security deposits, if any); (5) if service clustering is available, then a description and explanation of any penalties, credits, restrictions, upcoming (within sixty [601 days, if possible, of the "Notice") service clustering changes or differing alignments, or other pertinent information; (6) a comprehensive listing and explanation of all billing options available (such as monthly, quarterly, or yearly, and/or discounts for pre- Payments); (7) the customer service office hours and telephone number(s) in a manner consistent with the specific policy set forth in this Franchise; (8) the billing practices of TW in a manner consistent with the specific policy set forth in this Franchise; (9) the specific customer complaint/inquiry resolution policy that is adopted and followed by TW and which is consistent with the parameters set forth in this Franchise; (10) the availability, upon request, of the rules and regulations for using any production and playback facilities, including a studio or mobile van of TW; (11) the method of securing a voluntary disconnection in a manner consistent with the specific policy set forth in this franchise; (12) rules relatingto both connections and involuntary disconnections; 1 25 (13) the extent of the credit/refund policy in a manner consistent with the specific policy set forth in this Franchise; (14) the equipment use and return policy, together with any required security deposits in a manner consistent with the specific policy set forth in this Franchise; and, (15) the additional rights of blind, hearing-impaired or ambulatory-impaired customers in a manner consistent with applicable law or a franchise agreement. B. The "Notice" shall be written in plain, simple-to-understand English. The "Notice" shall contain no fine print, and any exclusions, limitations, or caveats shall be clearly indicated as such in the "Notice." C. The "Notice" may be delivered to a subscriber via an insert in the subscriber's periodic invoice, or through a special mailing, or over an MCS channel clearly designated for the dissemination of such information. SECTION 42. BILLING PRACTICES. A. Within the "Notice" that is required by this Franchise, subscribers shall be informed of at least the following billing Practices of TW: (1) billing procedures (including payments necessary to avoid discontinuance of service); (2) payment due and delinquent dates; ii' (3) amount of percentage of late charges, if any; I (4) advance billing options; (5) resolution procedures for billing disputes, complaints, and inquiries; I (6) refund policy for service interruptions, substandard signal quality, or uncontracted service; I (7) current service rates in a detailed and understandable format; I (8) procedure and amount of charges for installation or relocation of TW's facilities and/or equipment; I (9) current schedule and explanation for any billed charges or other non- regularly occurring fees invoiced to subscribers; and, I I 26 (10) any lower-income or fixed-income rates, together with any qualifications to obtain such rates. B. All periodic service bills shall plainly state that there shall be no later charge or penalty assessed if payment is received by the last date of the billing period. C. Existing subscribers shall be informed of the items listed in Subsection (1) at least once every calendar year. D. Whenever there is a change in TW's billing practices or payment requirements, all subscribers must be notified in writing at least thirty (30) days before such billing practices or payment requirements become effective. E. In any case where a subscriber requests a cancellation or reduction of service within thirty (30) days after the notification of a scheduled rate or charge adjustment, then the subscriber's liability for the newly implemented rate or charge shall cease from the moment the rate or charge adjustment becomes effective. SECTION 43. BILLING CREDIT FOR SERVICE OUTAGES, INTERRUPTIONS; SUBSTANDARD SIGNAL OR PICTURE QUALITY OR UNSOLICITED SERVICE. A. TW shall provide a subscriber with a prorated credit for service outage exceeding eight (8) hours in duration upon request. B. Where not expressly prohibited by the State, TW shall give credit to a subscriber in cases of substandard signal or picture quality after notice has been given to TW. Such credit shall be based on the number of channels affected and the period of time the outage occurred. C. In the case of a charge for unsolicited service, TW shall provide a subscriber with an adjustment or billing credit on the next available billing statement. Moreover, in such a case, TW shall not consider a subscriber delinquent for failure to pay a charge for unsolicited service. SECTION 44. PROHIBITION AGAINST NEGATIVE OPTION PROMOTIONAL PACKAGES. A. The Council/franchising authority both recognizes and determines that as a matter of consumer protection, a subscriber should be charged only for those services that such subscriber has affirmatively requested. Therefore, TW may not bill or invoice any subscriber for any multi-channel service that is not affirmatively requested by the subscriber. B. For purposes of this section, a subscriber's affirmative request need not be in writing, but TW relying on an oral request must keep an accurate record of the date on which the request was made. 27 I ' C. For purposes of this section, a subscriber shall be deemed to have affirmatively requested a multi-channel service if: (1) the subscriber voluntarily makes payment for the multi-channel service; and, (2) there was included, in the notice or advertising material describing the service, a statement clearly advising the subscriber that such subscriber has incurred no obligation to pay for such service, and that such subscriber need not take any action to avoid incurring any such obligation. D. Moreover, TW may not automatically enroll a subscriber into a different class or tier or multi-channel service without first informing (at least thirty [30] days in advance) such subscriber of any, and all, costs associated with such a different class or tier or multi- channel service. E. Additionally, TW may not invoice a subscriber for disconnecting or downgrading from a "negatively promoted" or automatically enrolled class or tier of multi- channel service. F. Should a subscriber be charged for a multi-channel service in violation of this section, then TW shall provide a subscriber with an adjustment or billing credit on the next available billing statement. Moreover, in such case, TW shall not consider a subscriber delinquent for failure to pay a charge for a non-affirmatively requested multi-channel service. SECTION 45. SPECIAL RULES CONCERNING SALES SOLICITATIONS. enga ge Should TW en a in sales solicitations (via phone, cellular phone, interactive multi-channel system, PCN, or other type of personal, communications system), the following ' rules apply (unless pre-empted by Federal or State law): (1) sales solicitors identify themselves at the outset of the communication; (2) sales solicitors must not engage in bait-and-switch tactics -- that is, they ' must not initially offer a lower-priced service only to inform the customer of its unavailability, or offer the lower-priced service in order to pressure sale a higher-priced service; and, (3) sales solicitors must quote the full and complete cost for any service sold or subscribed to during the course of the communication. ' B. The restrictions outlined in Subsection (A) of this section shall not apply to sales solicitations which are done or occur in the following circumstances: 28 (1) in response to a customer's specific request; (2) at a time mutually agreed upon by an authorized representative of TW and the customer; (3) in connection with a charitable contribution or charitable purpose; (4) in connection with a home shopping or travel-related service; and, (5) where the sales solicitor has established (and can document) a previous, or on-going commercial relationship with the customer. C. These restrictions outlined in Subsection (A) of this section shall not apply to sales solicitations via printed material in that such printed solicitations or advertisements are deemed not as disruptive or intrusive as solicitations noted in Subsection (A) of this Section. SECTION 46. SPECIAL RULES FOR MENU-DRIVEN SYSTEMS, SERVICE CLUSTERS, AND PACKAGING OF SERVICE TIERS. A. The Council/franchising authority recognizes that the concept of menu-driven program/service selection has both positive and negative aspects. On the one hand, menu- driven program/service selection allows the greatest flexibility for a subscriber in that it permits the subscriber to essentially create a program/service package tailored to the subscriber's budget, viewing habits, and informational needs. On the other hand, menu-driven program/service selection is susceptible to unauthorized or unknowing purchases, and uninformed program choices if certain procedural and operational safeguards are not maintained. 6 B. Should TW implement and/or offer menu-driven program/service selection for all, or the majority, of TW's multi-channel services, then the Council/franchising authority may negotiate with TW concerning the following potential problem areas: (1) notification to the subscriber on a periodic (at least monthly) basis of the exact costs for each menu-driven program/service, including any ' installation or equipment rental charges; (2) notification of what constitutes, or what is required for selection or subscription to a particular program/service; (3) limitations on negative option marketing plans when done in connection with a menu-driven system, unless the subscriber is initially informed, consents to be included on a list of potential subscribers; and, 29 (4) restricting access to menu-driven program/service selection by subscribers (through the use of individual, non-duplicative access codes or some other means). in order to limit unauthorized purchases. C. If, at the time TW implements and/or offers menu-driven program/service selection, TW also adopts an operational policy which protects subscribers from those potential problem areas listed in Subsection (B) of this section, then the Council/franchising authority shall not exercise its additional regulatory authority on this subject as provided in this section or as provided by application law, unless there is documentation that the adopted policy of TW is not being enforced, or is ineffective in safeguarding subscribers from the potential abuses listed above. D. As for service clusters, and the packaging of service tiers, and to provide both a disincentive for "bait-and-switch tactics," and to promote cluster and tier stability, TW may not switch any particular multi-channel service from one tier or cluster to another without thirty (30) days notice, if possible; provided, however, that upon thirty (30) days prior notice, TW may rearrange, re-tier, re-cluster, or otherwise offer its multi-channel service. E. Nothing contained in this section shall be construed as mandating any particular Iprogramming choice being provided to a subscriber. Nor should this section be construed as requiring any particular program, service, cluster, or service tier. Rather, this section is designed to promote cluster and tier stability, so that a subscriber may choose a program, ' service, cluster, or tier that best suits the subscriber's individual programming and informational needs. ' SECTION 47. CUSTOMER SERVICE HOURS; CAPABILITIES OF CUSTOMER SERVICE OFFICE; AND TELEPHONES. A. TW shall maintain in the City a business office for the purpose of receiving inquiries, requests and complaints concerning all aspects of the construction, installation, operation, and maintenance of the system and for the payment of subscribers' service charges, and providing facilities for the production of programming. IB. The customer service office shall be open at least forty-five (45) hours per week (exclusive of holidays), including some Saturday hours. C. Within the forty-five (45) hours per week that a customer service office must be open, TW must provide office hours either on at least two (2) evenings (after 5 p.m.), or on Saturdays and/or Sundays (if not prohibited by State law). D. The customer service office should have an adequate and knowledgeable staff in order to handle the vast majority of customer service inquiries, specifically including, but not Ilimited to: billing inquiries refunds, service outages, equipment service and repair, payment of bills and other charges. i 30 E. TW may install (at its customer service office) an after-hours depository in order to collect invoice payments and receive requests for service appointments (including connections and disconnections) after scheduled office hours. r F. TW may install an automated (audio or video) customer assistance device or machine which can handle various types of customer inquiries. G. Neither the presence of an after-hours depository or automated customer service is adequate relieves TW from maintaining the minimal required number of office hours, or adequate CSR staff to handle the majority of service inquiries (unless TW can demonstrate to the Council/franchising authority's satisfaction that the efficiency of such devices reduces the need for customer service hours or CSR personnel). H. Upon request, TW shall certify to the Council/franchising authority that each customer service representative (CSR) has taken a TW-implemented course designed to train CSR's to handle their jobs in a courteous, efficient and responsive manner. • I. TW shall maintain at least one (1) toll-free and/or local telephone number to accommodate normal business inquiries. i J. TW shall maintain a separate twenty-four (24) hour toll-free or local telephone number to facilitate calls concerning repair of equipment and extended interruption of service. During any hours that the customer service office is open, TW must have or make available in-house personnel to address a customer's inquiries. During other hours, a telephone may be manned by an automatic answering device, provided that the use of an answering device or answering service still results in an initial phone call by TW within sixty (60) minutes, in order to at least determine the extent of the outage; except that TW shall not be required to make in-person telephone contacts to subscribers at a rate which exceeds sixty (60) calls per hour, and shall not be required to make such calls between the hours of 10:00 p.m. and 7:00 a.m. K. TW shall have adequate staff and/or extension lines (except during special marketing promotion periods, peak billing cycles, and service outages) in order to handle calls to the general information number to the following specifications: (1) Eighty-five (85%) percent of all customer calls received in a year shall be answered within three (3) minutes by a representative of TW, or by a device that is capable of receiving complaint/inquiry resolution; and, (2) The rate of abandoned calls shall be less than five (5%) percent over a year's period of time. "Abandoned calls" shall in no event be deemed to include calls in which the caller hangs up within forty-five (45) seconds of making the call. S • 31 L. With respect to the specifications listed in Subsection (K) of this section, it shall be TW's responsibility to certify upon request, to the CouncWfranchising authority that TW is meeting the minimal specifications. SECTION 48. CUSTOMER SERVICE STANDARDS A. TW shall meet the FCC's Standards for Customer Service and the systems standards as provided in Appendix A, "Consumer Standards," attached hereto and incorporated by reference. TW shall provide to the City annual management data, including data from any service centers used by TW, related to compliance with the FCC's Standards for Customer Service. At such time as TW does not meet the FCC and or the Franchise requirements for repair for one quarter, TW shall take corrective action to ensure that such standards are met during the next quarter. At such time as the FCC no longer promulgates Consumer Service Standards, the FCC standards in effect on the effective date of this Franchise will be in force. SECTION 49. RESERVED SECTION 50. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED. A. TW shall not, as to rules, regulations, rates, charges, provision of service, or use of a provider's facilities and equipment, make, allow, or grant any undue preference or advantage to any person, nor subject any person to prejudice or disadvantage on the basis of age, race, creed, color, sex, national origin, handicap, religious affiliation or location of residence. B. Consistent with Section 621(a)(3) of the CCPA (codified at 47 USC 541[a][3]), TW shall not deny cable service, or the extension of cable service, to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides. C. Subsection (A) of this section, however, does not prohibit TW from offering a promotional or incentive discount rate or charge as long as the rate or charge does not exceed three hundred seventy (370) days in length. This subsection does not prohibit TW from offering special incentive rates such as one (1) month basic service free, if twelve (12) months of basic service are paid in one (1) payment or within a certain time frame. D. Subsection (A) of this section also does not prohibit TW from denying service based on location of residence, if that residence is outside the parameters for line extension as detailed in a franchise agreement (if applicable). E. Subsection (A) of this section also does not prohibit TW from denying service to a subscriber who is more than thirty (30) days delinquent in the payment of any periodic service, or special service bill, so long as the requirements for disconnection (as outlined in this Franchise) have been satisfied. 32 F. Subsection (A) of this section also does not prohibit TW from implementing a carefully designed no-frills service tier or service cluster for "lower income," and/or fixed income individuals. G. Subsection (A) of this section also does not prohibit TW from making agreements or entering into multi-channel service agreements with multiple dwelling unit owners (including hotel, motel, and mobile home park owners) to provide multi-channel service under a bulk billing or other type of arrangement. SECTION 51. USE OF EQUIPMENT, RETURN OF EQUIPMENT, SECURITY DEPOSITS, AND i nr.IR RETURN. A. Prior to formally delivering any equipment, including auxiliary equipment (such as an in-home terminal, input selector switch, or video control recorder) to a customer, TW shall have tested a representative sample of such equipment to make sure it is in proper working order. B. If needed for proper operation, or requested by a customer, TW shall deliver to a customer, handwritten or typed instructions detailing the proper use of rented, loaned, or purchased equipment. Unless required by another section of this Franchise, TW may comply with this section by delivering the manufacturer's instructions to a customer. C. TW is not required to seek a security deposit from a customer for use or rental of TW's equipment. D. TW shall comply with any and all applicable State rules concerning the imposition, retention, and return of security deposits. E. As a matter of consumer protection, TW shall be prohibited from charging any security deposit for multi-channel service to residential subscribers which exceeds twice the monthly rate for services purchased. F. TW may charge an appropriate security deposit in those instances where a customer is re-connected after an involuntary disconnection for non-payment or prior history of unsatisfactory payment. G. TW shall return a security deposit after the equipment is satisfactorily returned. H. A customer shall maintain any equipment rented or leased from TW in good working order, and operate such equipment only in the manner specified by TW or the manufacturer of the equipment. 33 I. A customer shall totally and fully reimburse TW for any damage or loss to TW's equipment that is due to the customer's failure to properly maintain and operate such equipment. J. A customer shall be relieved from any responsibility for reimbursing TW for equipment which malfunctions or does not operate due to a hidden or latent defect in the equipment, or for equipment which fails to operate, or improperly operates due to natural occurrences conditioned by the normal wear and tear of such equipment, or for equipment damaged or destroyed by an act of nature, with appropriate documentation. SECTION 52. SERVICE INQUIRY LOGS. A. TW shall be required to keep and maintain logs of inquiry, complaint, and requests which require further action of TW to resolve, subject to any limitations imposed by State or Federal law, any subscriber privacy limitations imposed by the CCPA. Complaints related to rates and programming are excluded. B. The purpose of the service inquiry logs is to assist the City in assessing (in the aggregate) the type, degree, and resolution of customer service requests, inquiries, and complaints. C. At a minimum, the service inquiry logs should contain the following: (1) the time and date of initial receipt of any service request, inquiry, or complaint, together with the time and date of initial response to that service request, inquiry or complaint; (2) the nature of the service request, inquiry, or complaint; (3) the resolution of the service inquiry, request or complaint and the date thereof; (4) the location of the City where the service request, inquiry, or request was generated. D. In addition to any other right of inspection that the Council/franchising authority may possess, it shall have the right to review and inspect a compilation of such logs. However, the Council/franchising authority shall not have the right of access, review, or inspection for any service inquiry logs or any information contained within service inquiry logs that are otherwise protected from access, review, or inspection by State or Federal law. E. This section does not require TW to maintain service inquiry logs on scheduled installations. SECTIONS 53 - 57. RESERVED. 34 SECTION 58. RESTORATION OF A SUBSCRIBER'S PROPERTY. A. At any time TW (in furtherance of its right to construct, operate, and maintain the multi-channel system), disturbs the yard, residence or other real or personal property of a subscriber, TW shall ensure that the subscriber's yard, residence or other personal property is returned, replaced, and/or restored to a condition that is sufficiently comparable to the condition that existed prior to the commencement of the work. B. The costs associated with both the disturbance and the return, replacement, and/or restoration shall be borne by TW. This subsection also requires TW to reimburse a subscriber or private je—t,:,a:" owner, for any damage caused by TW, its subcontractor, or its independent contractor, in connection with the disturbance of a subscriber or private property owner's r.,,r:,•i.f C. The types of acts specifically included in this section are the following: (1) removal of a subscriber's sod, lawn, plants, shrubbery, flowers, trees, driveway, or fence, to install, trench, repair, replace, remove, or locate cable or other equipment of TW; (2) installation or removal of cable or other equipment of TW within a subscriber's residence which requires drilling, excavating, plastering, or the like on the part of TW; (3) temporarily relocating or moving a piece of personal property or a fixture of a subscriber (such as a motor vehicle, fence, air conditioning or heating unit, or the like), in order to perform some sort of construction, maintenance, or repair on the multi-channel system; or (4) permanently removing TW's cable or equipment due to either the revocation, termination, or non-renewal of a franchise (if applicable), or the abandonment, withdrawal, or cessation of multi-channel service to any portion of the City. D. The requirements imposed upon TW extend to any subcontractor or independent contractor that TW might employ to perform the tasks outlined in this section. E. In light of the foregoing, TW has the authority and responsibility to diligently trim trees of a private .r ,..:y owner (including a subscriber) within the streets and public ways, but only to the extent necessary to prevent the branches of the trees from coming in contact with TW's wires and cables. 35 SECTION 59. SERVICE INQUIRIES, REQUESTS, COMPLAINTS, AND RESPONSE TIMES. A. Except in times of a natural or man-made emergency, or an appointment scheduled with the mutual consent of a subscriber, TW shall respond to the service inquiries, requests, and complaints of subscribers, within TW's normal business or service hours, and within the time schedules detailed in subsections (B) through (G) of this section. Moreover; except in emergency situations, TW shall inform the customer whether the service call is scheduled for the morning, afternoon, or evening hours. If the service call has to be canceled or rearranged, then TW shall make every effort to notify the customer as soon as possible, and shall (unless the subscriber decides otherwise) re-schedule the service call for a time within twenty-four (24) hours of the cancellation. The term "service call" as used in this section does not refer to initial installation. B. In the case of a signal or service interruption, TW shall ninety-five (95%) percent of the time respond to, and make repairs as are necessary to resume the signal or service to the subscriber within twenty-four (24) hours from the time TW first received notification of the signal or service interruption. C. In the case of a "blank" or "no-picture" situation of any given level of billing or service (except for pay-per-view events), TW shall respond to, and make repairs as are necessary to return the multi-channel service within twenty-four (24) hours from the time TW first received notification of the "blank" or "no-picture" situation. D. In the case of a defective, improperly operating, or non-operating piece of equipment, TW shall respond to, and make repairs as are necessary to correct the problem within thirty-six (36) hours from the time TW first received notification of the defective, improperly operating, or non-operating piece of equipment. E. In the case of repair to a piece of equipment in a subscriber's residence, or repair to the cable (coaxial, fiber or functional equivalent), the repair should be completed, and the situation resolved, at the conclusion of the first service visit. If the repair is not completed and resolved within three (3) visits, and if as a result of the insufficient repair, a situation remains wherein there is a visually or audibly detected degradation of a multi-channel signal, then TW shall take whatever steps are necessary to correct the situation. F. In no case shall a subscriber's service request or inquiry go unresponded or unattended to for more than one (1) work day from the time TW first received notification of the service inquiry or request. Moreover, except in emergency situations, all requests and inquiries shall be handled or corrected within thirty-six (36) hours from the time TW first received notification. If a cancellation of a service call occurs, then TW shall re-schedule the call in a manner consistent with the guidelines expressed in Subsection (A) of this section. 36 G. In case of a dispute concerning the precise time that TW received notification, or the precise circumstances surrounding TW receiving the notification, or whether notification was received at all, the Council/franchising authority shall reserve the right and authority to settle such a dispute, subject to the right of any party to the dispute to seek resolution in court. H. Provided, however, that TW may make service calls in order of severity. That is, total outages will take precedence over area outages; area outages take precedence over a single home; and multi-channel problems take precedence over a single channel. SECTION 60. TW REQUIRED TO MAINTAIN SUFFICIENT REPAIR PARTS AND SUFFICIENT REPAIR PERSONNEL. A. Except in times of natural or man-made emergency, TW shall, at all times, have access to, and be able to secure, sufficient maintenance and repair parts and equipment for the MCS system, so that TW can respond to, and correct, all subscriber service interruptions within the time periods specified in this Franchise. B. Having access to, and being able to secure sufficient maintenance and repair parts and equipment, is necessary to promptly restore a subscriber's multi-channel service, and avoid delays caused by having to obtain needed parts and equipment. C. Except in times of natural or man-made emergency, or a strike (whose duration has been less than seventy-two [72] hours), TW shall have sufficient maintenance and repair ' personnel so that the MCS provider can respond to, and correct, subscriber service interruptions within the time periods specified in this Franchise. ' D. TW shall, upon request, annually certify to the Council/franchising authority that each service technician has taken a TW-implemented course designed to train service technicians to handle their jobs in a courteous, efficient, and responsive manner. Also, the course should be designed to provide continuing education to service technicians in changes in technology, repair/maintenance procedures and related matters. E. Notwithstanding the other requirements and provisions contained in this section, TW shall maintain at least one (1) service technician on call twenty-four (24) hours per day. SECTION 61. NEW INSTALLATIONS; CONNECTIONS-REGULAR, PROMOTIONAL, SEASONAL, SHORT-TERM, PAY-PER-VIEW, AND MENU- DRIVEN; RS CONNECTIONS. ' A. New installations, promotional, short-term, or seasonal connections, reconnections, and upgrades of multi-channel service by TW shall be performed and completed within seven (7) days of a customer requesting such. ' 37 B. The provisions of Subsection (A) of this section shall not apply to pay-per-view or menu-driven connections. C. While TW may charge a customer for installing, connecting, or reconnecting multi-channel service, such charge must be understood, and approved by the customer prior to the installation, connection, or reconnection. D. In the case of a promotiona.. or seasonal connection, any limitations or restrictions must be explained prior to the promotional or seasonal connection. E. TW may charge an appropriate reconnection charge or require a security deposit in those instances where a customer is reconnected after an involuntary disconnection for non-payment or a prior history of unsatisfactory payment. However, the reconnection charge or security deposit must be based on the prior unsatisfactory payment history, or involuntary disconnection of the customer, and not the location or address of the residence or structure. F. Downgrading a particular service level or service cluster to a lower-priced or less comprehensive service or cluster level shall not be considered a connection to the lower- priced or less comprehensive level of service. TW shall comply with any and all rules concerning downgrading. SECTION 62. DISCONNECTION FOR NON-PAYMENT. A. A subscriber shall not be considered delinquent for disconnection purposes in payment until at least forty-five (45) days after the posting of the bill to the subscriber, and payment has not been received by TW. B. Before disconnection of a subscriber's multi-channel service (either physically or electronically) takes place, the following must occur: (1) the subscriber must in fact be delinquent in payment of multi-chaMel service; and, (2) at least five (5) days have elapsed after a separate written notice of impending disconnection has been personally served upon the subscriber; or, (3) at least eight (8) days have elapsed after mailing a separate written notice of impending disconnection to the subscriber; or, (4) at least five (5) days have elapsed after the subscriber has either signed for, or refused to accept, a separate written notice of impending disconnection; or, 38 (5) at least five (5) days have elapsed after an electronic notice. C. The written notice of disconnection must expressly and clearly state the amount that is owed by the subscriber to TW, the minimum amount required to be paid to avoid disconnection, and the date and place where such payment must be made. D. When TW physically retrieves its equipment (including converter, remote control unit, or digital audio tuner) from a subscriber, the Company must do so between the hours of 8:00 o'clock a.m. to 9:00 o'clock p.m. E. Receipt of a "bad check" from a subscriber in response to a written notice of disconnection does not constitute payment, and TW need not give the subscriber further notice prior to disconnecting multi-channel service. F. TW may add a reasonable collection charge to the subscriber's bill if the applicable provisions of this Franchise and any applicable State regulations are followed. G. Any refund due a subscriber after such a disconnection shall be made within sixty (60) days of the disconnection for non-payment. SECTION 63. VOLUNTARY DISCONNECTIONS AND DOWNGRADES. A. At any time, a subscriber who does not have a separate contract with TW may request that a particular service tier, service cluster, menu-driven program/service, pay channel, premium channel, informational service, or the entire multi-channel service be disconnected. B. Any contract for service, if requested, must be a separate, individual document requiring the subscriber's signature; otherwise, it may be on the back of a work order or other document. C. Where provided by TW, a subscriber may request a downgrade from a particular level of service to a less comprehensive level of service, or a less expensive level of service. D. From the date that such a subscriber makes such a request for either a disconnection or downgrade, then TW shall have seventy-two (72) hours or three (3) service days, whichever is longer, to disconnect or downgrade the service tier, pay channel, premium channel, informational service, or entire multi-channel service. In the event that TW does not disconnect or downgrade service within seventy-two (72) hours, a subscriber's obligation to pay for such service shall cease, or in the case of a downgrade, a subscriber's obligation to pay for the more comprehensive and/or higher priced service shall cease. 39 E. For a service tier, service cluster, menu-driven service, premium channel or informational service which is voluntarily disconnected, a subscriber shall pay a pro rata share of the monthly rate for such service tier, service cluster, menu-driven service, premium channel or informational service. F. Once a valid connection to a menu-driven program, or a pay-per-view event occurs, then TW may collect the full advertised or quoted rate, should the customer then attempt to disconnect the menu-driven program or pay-per-view event. G. Any separate disconnect or downgrade charge shall be in compliance with FCC rate regulation. H. If, however, TW's equipment is or has been damaged by a subscriber, prior to such disconnection, then TW may charge the subscriber with the entire cost for such damage, provided that TW notify the subscriber within thirty (30) days of the disconnection. A subscriber shall not be required to pay for equipment failure, if the circumstances fall within the normal wear and tear guidelines established in this Franchise. I. Any refund due a subscriber after disconnection (both for non-payment and voluntary disconnections) shall be made within sixty (60) days after such disconnection. This subsection specifically includes the situation where a subscriber voluntarily disconnects service but is entitled to a refund as a result of a service outage that exceeds eight (8) hours in duration. In such case, a subscriber will also receive any refund due as a result of the service outage within sixty (60) days after the voluntary disconnection. J. In no event will this section be viewed as abridging the rights and remedies afforded by the subscriber complaint/inquiry resolution process outlined in this Franchise. tSECTIONS 64 - 68. RESERVED. SECTION 69. PROTECTION OF SUBSCRIBER PRIVACY. A. TW shall abide by any and all subscriber privacy rules or regulations of the Federal or State governments. B. TW J, shall also abide by and comply with any subscriber privacy ' protection requirements and procedures listed in Section 631 of the CCPA (codified at 47 USC 551). tSECTION 70. RESOLUTION OF COMPLAINTS/INQUIRIES. A. TW is required to develop a comprehensive complaint/inquiry resolution policy ' that is consistent with the rules and regulations outlined in this Franchise. 40 1111 B. TW's complaint/inquiry resolution policy shall be reduced to writing, and such policy shall be available upon request to any person. In any event, a subscriber shall receive notice of such policy in the manner that is prescribed by this Franchise. C. TW's complaint/inquiry not requiring a service call and resolution policy shall contain at least the following minimal standards: (1) the initial response to a complaint/inquiry shall occur no later than two (2) business days after receipt of the complaint/inquiry or the next business day; (2) every attempt will be made to resolve the complaint/inquiry within one (1) week after receipt of the complaint/inquiry; (3) complaints/inquiries that fall into the category of service inquiries shall abide by the procedure set forth in this Franchise; (4) informing subscribers of the credit/refund policy which is consistent with this Franchise and any applicable State regulations; and, (5) informing subscribers of the billing disputes policy which is consistent with this Franchise and any applicable State regulations. SECTION 71. POLICY WITH RESPECT TO CONTINUITY OF MULTI-CHANNEL SERVICE PROVISIONS. A. The Council/franchising authority declares that as part of its right to establish multi-channel customer service guidelines, it has the duty to ensure continuity of multi- ` channel service for all subscribers. In that light, the Counci lfranchising authority also determines that it may take 1 r Y,.. t..'.ate measures in order to ensure that no portion of the City is threatened or faced with a disruption, interruption, or discontinuance of multi-channel service due to the actions of TW. B. In addition to the principles and ideals enumerated in Subsection (A), the Council/franchising authority also expresses that its policy covers the following: (1) to provide for continuity of multi-channel service in the event of acquisition by the City; (2) to provide for continuity of service in the event of a proposed abandonment, withdrawal, or cessation of multi-channel service by TW; (3) to provide for continuity of service in the event of revocation, termination, or non-renewal of TW's franchise; 41 (4) to provide for continuity of service in the event a transaction occurs that affects the ownership or control of TW, such as an assignment, sale, transfer, or merger; (5) to provide for continuity of service in the event of an expiration of a franchise; (6) to prevent disruption of multi-channel service which would provide a hardship on those subscribers who rely on the multi-channel system as their primary or secondary source for information; and, (7) to prevent the interruption or cessation of multi-channel service which would disrupt or eliminate the diversity of programming choices enjoyed by subscribers of the multi-channel system, and thereby restricting their ability to receive information. C. In any situation (including those mentioned above) which threatens the City and subscribers with the loss or interruption in the continuity of multi-channel service, then TW ' shall provide the Council/franchising authority with at least forty-five (45) days notice (except in extreme circumstances) prior to the effective date of any action which would cause a loss or interruption in the continuity of multi-channel service. The purpose of the notice is to apprise ' the Council/franchising authority of the possibility of such loss or interruption in the continuity of multi-channel service, so that it might explore its options and take appropriate measures. ' D. Whenever any situation occurs (including those mentioned above) which threatens the City and subscribers with the loss or interruption in the continuity of multi- channel service, then the Council/franchising authority may direct TW for a period of up to twenty-four (24) months to do everything in its power to ensure that all subscribers receive continuous, uninterrupted multi-channel service. E. Duringthe interim period, the Council/franchising authority shall work with TW in order to secure a new multi-channel system owner, or rectify the problem so that the ' threat of loss of continuity is removed at the earliest possible instance. F. During any interim period in which TW continues to provide multi-channel service to subscribers, TW is entitled to all revenues collected, except any sums owed (including franchise fees, alternative user charges, and taxes) to the City or to other persons. G. In the event that the threat of loss of continuity is not resolved within twenty- four (24) months, then the CouncWfranchising authority may extend the interim period on a ' month-to-month basis until the situation is satisfactorily resolved. Also in such a circumstance, the Council/franchising authority may adopt any emergency rules or procedures which will ensure that the subscribers will receive continuous, uninterrupted multi-channel service. 42 111. H. Nothing in this section should be construed as requiring TW to operate the multi-channel system at a continued financial loss for an extended period of time. While the Council/franchising authority may require continuity of service in instances where this Franchise is revoked or terminated, it must lift such requirement as soon as the threat of loss of service is removed. Consequently, the Council/franchising authority must take appropriate steps to both ensure the continuity of service and minimize the financial loss incurred by TW if the abandonment, cessation or withdrawal is caused by bankruptcy or insolvency. SECTION 72. CONTINUED USE OF INDIVIDUAL ANTENNAS PROTECTED. A. The Council/franchising authority does not intend to prohibit the erection or continued use of individual television antennas within the City so long as the individual ' television antennas conform to any and all applicable zoning and/or land use regulations. Consequently, no person shall be required to receive multi-channel service or to physically connect to the multi-channel system. ' B. It is also noted that no person shall be penalized or fined (through either a home sales contract, deed of restrictive covenants, or other type of agreement) for failing or refusing to receive multi-channel service, or failing or refusing to physically connect to the multi- channel system. ' SECTION 73. SYSTEM AND CAPACITY A. By no later than thirty (30) months after the effective date of this Franchise Agreement, Grantee shall complete a rebuild of its cable system in the Franchise area in accordance with the following system design requirements: ' (1) The system in its entirety shall use at least downstream channel capacity of least 750 MHz equipment capable of at least 110 channels; (2) The system will be designed so that an average of no more than five hundred (500) homes will be served per node, so that no more than one ' thousand (1,000) homes will be served by any one node, and so that there will be no more than an average of ten (10) active devices between the headend and the subscriber. The trunk and feeder design will ' average a maximum cascade of no more than five (5) bridger amplifiers and three (3) line extenders. All passive devices shall be capable of passing 1 GHz. (3) Standby power at the headend will be provided by standby generator with a minimum fuel supply of forty-eight (48) hours. All distribution ' trunks and fiber optic nodes will have battery-powered inverters with a minimum running time of three (3) hours. i I 43 (4) Any coaxial cable which will be retained from the existing system shall be tested to ensure that the cable meets manufacturer specifications and can pass 550 MHz. SECTIONS 74-79. RESERVED. SECTION 80. CONSTRUCTION SCHEDULE) AND CONSTRUCTION-RELATED REQUIREMENTS A. In order to establish minimum uniform standards, the Council/franchising authority requires TW to adopt the following minimal construction schedule and construction- related requirements: ' (1) construct, install, maintain, and repair the multi-channel system in accordance with the requirements noted in this Franchise; (2) use streets and public ways as set forth in this Franchise; ' (3) where applicable, remove franchise r..,r:,..y from public streets, as set forth in this Franchise; ' (4) adopt the construction standards as set forth in this Franchise; (5) adopt the system expansion standards as set forth in this Franchise; (6) adopt the construction schedule as referred to in this Franchise; ' (7) abide by and act in strict accordance with all current technical codes adopted by the City or the State or the United States, as noted in this Franchise; and, (8) maintain all permits and licenses as noted in this Franchise. ' B. TW shall notify the City in writing of the commencement of the rebuild and completion thereof. C. The City shall have the right to inspect all construction and installation work performed subject to the provisions of this Franchise Agreement, and shall make such tests as it shall find necessary to ensure compliance with the terms of this Franchise and other pertinent provisions of the law. D. TW shall, prior to initiating construction, provide to the City for reasonable ' approval, a detailed construction plan indicating planned construction phases, strand maps, and initial customer conversion schedule. TW shall notify the City, in a timely manner and, at 44 I a minimum, at least forty-five (45) days prior to proof of performance testing of the rebuilt system or sections of the rebuilt system. E. TW shall construct the system in accordance with TW's construction manual incorporated herein by reference, a copy of which will be maintained in the City Clerk's office. F. TW shall comply with FCC consumer compatibility rules and guidelines. G. Subscribers shall not be charged by TW for conversion from the existing system to the new system. So that customers will experience the least possible interruption of service, TW shall perform the cutover to the new system as specified in Appendix B, "Cutover Plan," attached hereto and incorporated by reference. TW will use its best efforts to notify subscribers and the public in general of the construction schedule and cutover to the rebuilt system. SECTION 81. CONSTRUCTION OF GOOD QUALITY. During any phase of construction, installation, maintenance, and repair of the multi- channel system, TW shall use materials of good and durable quality and all such work shall be performed in a safe, thorough, and reliable manner. SECTION 82. CONDITIONS ON USE OF STREETS AND PUBLIC WAYS. A. All wires, conduits, cable (coaxial, fiber, or functional equivalent) and other r•„r;,. y and facilities of TW shall be so located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and travel ' upon the streets, rights-of-way, easements and public ways of the City. B. In the event TW's system creates a hazardous or unsafe condition or an unreasonable interference with then at its own expense TW shall voluntarily, or upon the request of the Council/franchising authority, remove that part of the system that creates the hazardous condition from the subject C. TW shall not place equipment where it will interfere with the rights of owners or with gas, electric or telephone fixtures, or with water hydrants or mains, or with ' wastewater lift stations, or any other service or facility that benefits the City's or its residents' health, safety, or welfare. ' D. TW, at either its own expense or that of a private contractor, shall protect rights-of-way, easements, and support or temporarily disconnect or relocate in the same street or other public way, any r. r. �,� of TW when necessitated by reason of: ' 1 traffic conditions; ' 45 (2) public safety; ' (3) a street closing; ' (4) street construction or re-surfacing; (5) change or establishment of street grade; ' (6) installation of sewers, drains, water pipes, storm drains, lift stations, force mains, power or signal lines; or, ' (7) an improvement, construction or repair related to the City's or its residents' health, safety or welfare. E. It shall be the responsibility of TW (acting alone or in conjunction with another person) to locate and mark or otherwise visibly indicate and alert others to the location of its underground cable (coaxial, fiber or functional equivalent) before employees, agents, or independent contractors of any entity install cable in the marked-off area within forty-eight (48) hours or immediately in emergency situations. F. TW shall, on the request of any person holding a building moving permit, temporarily remove, raise or lower the cable wires to allow the moving of the building. The I expense of temporary removal shall be paid by the person requesting it, and TW may require payment in advance. TW shall be given not less than twenty-one (21) days notice of a contemplated move to arrange for temporary wire changes. G. For any new installations occurring after the effective date of this Franchise, and at the time that TW rebuilds or upgrades the multi-channel system, all trunk or feeder Icable (coaxial, fiber, or functional equivalent) shall be placed underground, when and if utilities are placed underground. Further, where both power and utilities are presently underground, multi-channel system cable shall also be placed underground. ' H. It shall be the responsibility of TW to comply with the most current FCC technical standards. ' SECTION 83. FRANCHISED MCS PROVIDER'S DUTY TO REMOVE FRANCHISED PROPERTIES FROM THE PUBLIC STREETS. A. This section is applicable to TW required to maintain a franchise to operate within the City. B. Whenever the following occurs: ' (1) TW ceases to operate all or part of the multi-channel system for a continuous period of six (6) months; 46 ■ (2) TW ceases and fails to construct the multi-channel system outlined in the application or proposal for renewal, or renewal franchise agreement; (3) the Council/franchising authority elects not to renew this Franchise pursuant to the provisions set forth in this Franchise; or, (4) TW's franchise is revoked pursuant to the provisions set forth in this Franchise; Then -- unless the Cityor another MCSprovider uses such multi-channel system under Y ' the continuity provisions outlined in this Franchise, TW shall promptly remove its multi- channel system property from the streets, public ways, and private property located within the City. C. If not removed voluntarily by TW, then the Council/franchising authority may notify TW that if removal of the property is not accommodated within two hundred seventy ' (270) days, or substantial progress towards removal is not made within two hundred ten (210) days, then the Council/franchising authority may direct officials or representatives of the City to remove TW's system property at that franchised MCS provider's expense. The performance ' and/or construction bond, irrevocable letter of credit, cash deposit, or full faith and credit guarantee required as set forth in this Franchise shall be available to pay for such work. ' D. If officials or representatives of the City remove TW's system property, and TW does not claim the property within ninety (90) days of its removal, then the Council/franchising authority may take whatever steps are available under State law to declare the property surplus and sell it, with the proceeds of such sale (if permitted by State law) going to the City. ' E. When TW removes its multi-channel system property from the streets, public ways and private property located within the City, TW shall, at its own expense and in a manner approved by the Council/franchising authority, replace and restore such public or ' private property in as good a condition as before the work causing the disturbance was done. SECTION 84. CONSTRUCTION STANDARDS. A. Methods of construction, installation, maintenance and repair of any multi- channel system shall comply with the most current editions of the National Electrical Safety Code and the National Electric Code as affects the construction, installation and maintenance of electrical supply and communication lines and attachments and supports. To the extent that these are inconsistent with other provisions of a franchise or State or local law, then the State or local law shall apply. ' B. All construction, installation, maintenance and repair shall treat the aesthetics of the property as a priority, shall not substantially affect the appearance of the structure, and I 1 47 shall not be installed on the bias across the property or any side of a residence or other structure without the property owner's permission. C. If requested by the owner of the all underground drops shall follow (to the greatest extent possible) I,..��,�.: lines, and cross r..�r:..:y only at right angles, unless otherwise permitted by the property owner, required due to the physical characteristics of the subsurface, or required under City, State, or Federal rules. Property owners are to be notified by TW prior to new construction of this drop construction option. D. For existing multi-channel system construction, installation and repair, the provisions of Subsections (C) and (D) of this section shall apply only at the time a scheduled upgrade or rebuild of TW's multi-channel system is actually commenced. For newly served areas, then the provisions of Subsections (C) and (D) of this section shall apply at the time of initial construction and/or installation. SECTION 85. SYSTEM CONSTRUCTION SCHEDULE FOR FRANCHISED MCS PROVIDERS A. This section is applicable to TW. B. If TW does not abide by the system construction schedule, the matter shall be handled in the manner allowed under this Franchise. SECTION 86. SYSTEM EXPANSION FOR M. A. The Council/franchising authority recognizes that one of its primary purposes in the franchising process is to ensure that the widest diversity of programming sources be available to the greatest number of City residents. B. TW shall adhere to the following minimum guidelines for any system expansion. C. TW's service areas is the corporate limits of the City of Wichita Falls, including all territory thereafter annexed by the City. TW shall provide full cable service to all homes served on the effective date of this Franchise. D. Grantee shall extend its cable system to other portions of the Franchise area pursuant to the following requirements: (1) Grantee shall extend its cable system and make cable service available to every existing residential area within the Franchise area which is unserved by another cable system whenever density of at least twenty (20) residential dwelling units as later defined per cable mile (or any ;..onate amount thereof measured over a shorter or longer distance) is realized, as measured from the nearest portion of existing ' 48 facilities of Grantee's cable system in the Franchise area. For purposes ' of this section, density per cable mile shall be computed by dividing the number of residential dwelling units in the area by the length, in miles or fractions thereof, of the total amount of aerial or underground cable necessary to make service available to the residential dwelling units in such area. The cable length shall be measured from the nearest point of access to the then-existing system, and located within the public streets or other public r.,r:. y. The total cable length shall exclude the drop cable necessary to service individual subscriber premises. (2) Grantee will make cable service available at the regular installation charge (if a regular installation charge is established by Grantee) to any person, including but not limited to residents and commercial ' establishments, requesting cable service if the connection to the person's premises requires no more than a standard 150 foot drop measured from the then-existing system. If the connection to the person requires more ' than a 150 foot drop, then said person shall be required to pay for the plant extension on a time and materials basis. ' (3) When required to extend service in accordance with the terms of this section, grantee shall extend service to any person who requests it ' within seven (7) days of the request, where service can be provided by activating or installing a standard drop of 150 feet or less, and with respect to aerial or underground installations of greater length, in accordance with the schedule set forth below. (a) For aerial installations of the following specified lengths, ' extension shall be completed within the time periods described, provided that all permits necessary from the City or any other person are issued expeditiously: ' (i) from 151 feet to one-half (1/2) mile, thirty (30) days from customer request; (ii) from one-half (1/2) mile to one and one-half (1-1/2) miles, sixty (60) days from customer request; and (iii) more than one and one-half (1-1/2) miles six (6) months from customer request. (b) For underground installations of the following specified lengths, extension shall be completed within the time periods described, provided that all permits necessary from the City or any other person are issued expeditiously and that the ground is not frozen ' 49 or in a condition that other vise would require extraordinary restoration or other work: (i) from 151 feet to one-half (1/2h) mile, sixty (60) days from customer request; (ii) from one-half (1/2) mile to one and one-half (1-1/2) miles, ninety (90) days from customer request; and (iii) more than one and one-half (1/2) miles, six (6) months from customer request. (4) In any residential area which is unserved by an existing cable system and which has fewer residential dwelling units per cable mile than the minimum density per cable mile set forth in subsection D(1) of this Section, Grantee shall in any event extend its cable system and make cable service available in such area upon request in any case where the developer or resident of such area agrees to pay for a portion of the labor costs incurred and materials used in making the extension in accordance with the terms of this subsection. Under such cost sharing plan, Grantee shall contribute an amount equal to the construction costs of such extension per mile, multiplied by the length of the extension in miles, multiplied by a fraction, the numerator of which equals so the number of actual potential subscribers per mile at the time of the request and the denominator of which equals twenty (20). The developer or residents of such area requesting cable service shall bear that remainder of the total construction costs. E. As used in this section the term "construction costs" means the actual turnkey cost to construct the entire extension, including electronics, pole make-ready charges, and labor, but excluding the standard house drop. F. As used in this section, the term residential dwelling unit means each commercial establishment that accommodates the living quarter of one (1) family, and/or a home, house, building, or other structure that normally accommodates the living quarters of one (1) family, and each apartment, condominium, or co-operative unit that normally accommodates the living quarters of one (1) family in any multiple-unit building or complex of multiple-unit buildings; provided, however, that if the Grantee has not been granted the authority by an owner or association of owners to extend its facilities to individual apartments, condominiums, and co-operative units within the interior of such multiple-unit buildings or complex of multiple-unit buildings, then any such multiple-unit building or complex of multiple-unit buildings shall be considered a single residential dwelling unit. G. Business extensions. Grantee shall make cable service available to every business requesting service in the franchise area which is within 250 feet of the cable system 50 for the normal installation charge. If the connection to a business requesting service is more ' than 250 feet, then said business shall be notified of the cost of receiving cable service and upon agreement to receive service shall be required to pay for the plant extension beyond 250 feet on a time and materials basis. ' SECTION 87. PERMITS AND LICENSES. ' TW shall obtain, at its own expense, all permits and licenses required by law, rule, regulation, or ordinance, and maintain the same, in full force and effect, for as long as required. SECTION 88. SYSTEM FEATURES A. In constructing, operating and maintaining the system, TW shall at all times comply with this Franchise and all applicable laws. B. Equipment used for the distribution system shall be new (with the exception of coaxial cable specified below) and of good and durable quality and be serviced and repaired on a regular basis, and shall at all times be of equal or better quality than the equipment listed in Appendix C, "System Equipment." In cases of equipment replacement not covered above, and in the case of headend and reception facilities, such equipment shall be of equal or better quality than the equipment being replaced. Coaxial cable in use on the effective date of this Franchise may be used in the rebuild if it is tested and meets manufacturer specifications. The headend reception facilities shall be upgraded to current technological standards as set forth in ' Appendix E. C. During the rebuild, TW shall audit and test all subscriber drops as specified in ' Appendix D, "Subscriber Drop Testing," attached hereto and made apart hereof. All drops not meeting the standards of the National Electric Code, the TW cable performance specifications and the FCC technical specifications shall be replaced during the rebuild. Such subscriber drop audit shall be completed concurrent with the completion of the rebuild. D. TW shall provide the headend equipment as specified in Appendix E, "Headend Technical," in.,.,.r...dted by reference, a copy of which shall be maintained in the office of the City Clerk ' E. The system configuration shall include earth stations adequate throughout the life of this Franchise, to receive signals from operational communications satellites that predominately carry programming services available to cable systems. ' F. Upon completion of the rebuild, TW shall maintain a status monitoring system to all fiber optic nodes. ' G. Upon the request of the City, TW shall interconnect the access channels and the institutional network to the neighboring cable communications systems, provided that the ' 51 respective cable company and franchising authority allow such interconnection. The cost for such interconnection shall be borne by the parties or party requesting such interconnection of the City and TW. H. TW shall make available 750 MHz capable subscriber terminals to all subscribers in Wichita Falls within six (6) months of the completion of the rebuild. Such subscriber terminals shall be equal to, or better than, the specifications and capabilities listed in Appendix F, "Subscriber Terminal Specifications," attached hereto and incorporated by reference. All subscriber terminals described in this paragraph shall provide picture and audio deletion of services not purchased by a specific subscriber. I. TW shall provide detailed information written in "plain English" to consumers and make available to all sellers of VCR's on how VCR's can be utilized in conjunction with the cable system, TW shall also provide at a reasonable cost, "kits" of the necessary equipment for subscribers to hook-up subscriber-owned VCR's. J. TW shall allow subscribers to purchase or rent converters from other vendors as provided in FCC rules. TW shall provide detailed information written in "plain English" to consumers and make available to all sellers of converters the items necessary for converter compatibility with TW's cable communication system. K. TW shall install and/or maintain internal wiring for subscribers. TW may own the internal wiring or, at the subscriber's discretion, the subscriber may install, own, maintain or have other vendors install, own, and/or maintain internal wiring which meets FCC and other applicable standards. L. TW shall make remote control units available to subscribers. TW may provide remote control units to subscribers as a part of its package of services. TW shall allow subscribers to purchase or rent remote control units from other vendors as provided in FCC rules. TW shall provide detailed information written in "plain English" to consumers and have available for sellers of remote controls the items necessary for compatibility with TW's cable communications system. M. TW shall provide subscribers with parental control devices so that parents can lock out channels that they desire to have such control over. Such devices on addressable converters shall block both the video and the audio portion of such channels to the extent that both are unintelligible. N. TW shall perform all system tests and maintenance procedures as required by the FCC, this Franchise, and in accordance with TW's standards of good operating practice and the National Cable Television Association's test procedure guidelines. O. The cable communications system permitted to be installed and operated thereunder shall be installed and operated in conformance with this Franchise and FCC rules and regulations. Any FCC technical standards related to the cable communications system 52 and facilities shall be deemed to be regulations under this Franchise Agreement. At such time ' as the FCC does not regulate technical standards, the relevant manufacturers standards shall be utilized. ' P. At least twelve (12) hours before any planned shutdown, when possible, TW shall give notice on the message channel of maintenance or major equipment change-outs which result in loss of service to a neighborhood or larger area. Q. TW shall provide a standard identification document to all employees, including employees of subcontractors, who will be in contact with the public. Such documents shall ' include a telephone number that can be used to verify identification. In addition, TW shall use its best efforts to clearly identify all personnel, vehicles, and other major equipment that are operating under the authority of TW. IUpon completion of the rebuild, the system will provide stereo television R. pY signals for those broadcast, satellite, and locally originated services which transmit them, excluding alpha-numeric, news and sports services. ' SECTION 89. STATE OF THE ART. A. The Grantee shall construct, install, operate and maintain its system in accordance with the highest standards of the art of cable communications, such standards to include, at a minimum, but not be limited to the following: (1) The system will be spaced to permit a minimum of 750 MHz operation and will be compatible with cable-ready television sets, except for those services requiring the use of an addressable converter. (2) The Grantee shall maintain its system facilities in a manner which will continue to enable it to add new services and associated equipment as they are developed, available, and proved marketable to subscribers. ' The new services and associated equipment will be added to the system facilities when they are provided in any other similarly-sized market and ' proved economically viable, and are owned by the Grantee or parent company and/or owned by other operators in the State of Texas and adjacent states, excluding experimental and pilot projects, and such ' services and associated equipment can be offered on the Grantee's system in an economically viable manner (that is, Grantee will be able to earn a profit over the remaining term of this Franchise from the provision of such service or equipment). SECTIONS 90 - 94. RESERVED. 53 SECTION 95. COUNCILIFRANCHISING AUTHORITY'S POLICY WITH RESPECT TO SAFETY REQUIREMENTS. A. The Council/franchising authority requires that TW's construction, operation, and maintenance of the multi-channel system meet certain threshold safety levels which are designed to protect the public and lessen the likelihood of interruption of multi-channel service. B. Consequently, the Council/franchising authority requires TW to adopt the following safety requirements: (1) emergency alert override activation in the manner set forth in this Franchise; (2) minimum standby power as noted in this Franchise; (3) the provision of an all audio emergency alert service in the manner noted in this Franchise; (4) implementing a periodic preventative maintenance program as set forth in this Franchise; (5) follow all FCC rules and regulations concerning maximum cumulative leakage index (CLI) limits; and, (6) comply with and abide by any construction, safety or fire coda as noted in this Franchise. SECTION 96. EMERGENCY ALERT. A. The City requires TW, as a means of protecting the health, safety and welfare of the public and of communicating with the public, to provide a emergency alert service that: provides effectively instantaneous access throughout the system; - provides an alert notification for emergency situations; - is tied directly into the local Emergency Operation Center site. B. TW shall within six (6) months of the execution of this agreement, install and fully activate an all-channel audio emergency alert system that will permit the City to override the audio of all active cable channels in order to make emergency announcements to subscribers. TW shall continue to provide a dedicated telephone line from the City's Emergency Operation Center to the emergency alert system for the instantaneous transmission of emergency messages throughout the system. Persons to be provided with access codes shall be selected by the City. TW and the City shall comply with all emergency alert regulations of the Federal Communications Commission. 54 C. The Council/franchising authority requires TW to provide the necessary bandwidth to fully and completely cooperate with the CounciUfranchising authority in all matters related to the provision of the service, including making the public aware of the availability of the service and the need for periodic testing. SECTION 97. PROVISIONS TO ALERT SUBSCRIBERS IN THE EVENT OF AN EMERGENCY; STANDBY POWER. A. In order that subscribers may be alerted in the event of an impending, imminent or actual, natural or man-made emergency, then TW shall ensure that the multi-channel system providing multi-channel service to all, or part, of the City is designed so as to permit an authorized official of the City to override the audio portion of all channels, by touch-tone phone (or functional equivalent) from any location. B. In addition to any other requirements listed in this section, TW shall: (1) designate a channel which will be used for emergency broadcasts of both audio and video (this channel need not be solely used for emergency broadcasts, and may in fact be used for any lawful purpose); (2) inform subscribers by crawl or otherwise of the designated emergency channel on a periodic basis (not less than twice a month); (3) maintain all channel video blanking capability to facilitate the needs of hearing and sight-impaired customers; (4) will allow the City to test the emergency override system as deemed necessary by the City; (5) ,k, with the City on the use and operation of the emergency alert override system; and, (6) develop a plan (with the City's concurrence) in order to provide continuity of multi-channel service, and response to service calls in the event of a natural or man-made emergency. ' C. As one method of providing continuity of multi-channel services in the event of a natural or man-made emergency, TW shall, unless exempted by the Council/franchising 111 authority, have the capacity for three (3) hour automatically activated standby power on all trunk and feeder cable, and all headends, hubs, and receive sites associated with the distribution of cable service to and throughout the City. 1 ' ss SECTION 98. IMPLEMENTATION OF A PREVENTIVE MAINTENANCE PROGRAM. A. It shall be the duty of TW to devise and implement a periodic preventive maintenance program for the multi-channel system in order to ensure that there is no material degradation of the multi-channel system that would affect the citizens' health, safety and welfare, or negatively affect the quality of multi-channel services being provided. B. TW will comply with the preventive maintenance program specified in Appendix G, "Preventative Maintenance Program," attached hereto and incorporated by reference. SECTION 99. CONSTRUCTION, FIRE AND SAFETY CODES. A. TW shall construct, operate, maintain, repair, remove, replace, or restore the multi-channel system in strict compliance with all current technical codes adopted by the Council/franchising authority, the State, or the United States. B. The codes referred to specifically include, but are not limited to, construction, fire and safety, and zoning codes. SECTIONS 100-104. RESERVED. SECTION 105. ALTERNATIVE USER CHARGE. A. This section is applicable if TW has had its franchise ruled unconstitutional, unenforceable, or invalid. The provisions concerning franchise fees shall be applicable for TW. B. Where not specifically prohibited by Federal or State law, and as an alternative to the imposition of a franchise fee as set forth in this Franchise, the Council/franchising authority may impose and collect a charge from TW for the use by such provider of the streets, rights-of-way, easements, and public ways of the City. C. The alternative user charge shall be based on the following mathematical mode: (1) determine the present value of all public streets, rights-of-way, easements, and public ways of the City in which are located multi- channel system facilities and equipment of TW; (2) take the average percentage increase in land appraisals within the City (as determined by the Property Appraiser for the City), for the five preceding years; 56 1 (3) take the average percentage increase for the five preceding years and use ' it to determine the dollar amount of property value increase for the remaining term of this Franchise (if no franchise applicable, then use five years); (4) add the present value to the dollar amount of property value increase for the remaining term of this Franchise (if no franchise applicable, then use 111 five years); (5) divide the adjusted value by the remaining number of years on the term of this Franchise (if no franchise applicable, then use five years); (6) multiply that figure by five (5%) percent to arrive at the annual user charge that is to be collected from TW. For purposes of illustration only, the formula reads as follows: present value, = (plus) dollar amount of ' property increase for remaining term of the franchise (based on average percentage increase of land appraisals for past years of franchise term), divide the adjusted value by the remaining years on the term of the franchise, multiply that figure by five percent (5 %), = (equals) the annual alternative user charge. 111 D. The Council/franchising authority adopts such an alternative user charge in order to receive fair compensation for the affected MCS provider's use of the public streets and public ways if such compensation cannot be obtained by imposing a flat percentage fee on such MCS provider's annual gross revenues. However, an affected MCS provider may agree to an alternative charge that is based on a flat percentage of gross revenues, as long as that ' charge does not exceed five (5%) percent of an affected MCS provider's annual gross revenues. 1 E. Also, recognizing that an alternative user charge may affect TW, please note that this Franchise Agreement may contain express language which details a different method or manner to handle a situation in which franchise fees as historically calculated (as a percentage of gross revenues) are ruled unconstitutional, or unenforceable, in order to protect and preserve the City's source of revenue and compensation for the use of the public rights-of- i way. F. It is expressly understood that a franchise fee and an alternative user charge will not be imposed on TW at the same time for the same period. 57 G. An affected MCS provider shall at no time be charged or obligated to pay an alternative user charge that exceeds five (5%) percent of such provider's gross revenues (as defined by this- Franchise) for any particular reporting period. In the event that the alternative user charge does exceed five (5%) percent of gross revenues, then such alternative user charge shall be reduced to reflect an amount not greater than the five (5%) percent cap. H. TW shall pay twenty-five (25%) percent of the alternative user charge within fifteen (15) days of the end of each quarter. SECTION 106. FRANCHISE REQUIRED; EXCEPTION. A. Except as provided in Subsections (B) and (C) and (D) of this section, neither TW or other MCS provider shall be permitted to construct, operate or maintain the multi-channel system which requires the laying or positioning of cable (coaxial, fiber or functional equivalent) across the rights-of-way of the City, without having first obtained a franchise, and then entering into a franchise agreement with the City. B. Pursuant to the CCPA, a local government may own and operate the multi- channel system classified as a cable system. Consequently, should the Council/franchising authority directly or indirectly, through any legal means available to the Council/franchising authority, decide to purchase, acquire, construct, lease, control, or otherwise own a cable system within the territorial limits of the City, then the Council/franchising authority shall not be required to submit a proposal for, or receive, a franchise in order to construct, operate, and maintain a cable system within the geographical limits of the City. C. It is the intent of the Council/franchising authority that as a matter of policy all MCS provider franchises shall contain substantially similar minimum terms and conditions. D. The Council/franchising authority, to the extent permitted by law, shall always have the right to grant or deny a franchise as may be deemed in the public interest. SECTION 107. AUTHORITY AND GRANT OF NON-EXCLUSIVE FRANCHISES. A. Consistent with Section 621(a)(1) of the CCPA (codified at 47 USC 541), the Council/franchising authority may award one (1) or more non-exclusive multi-channel service franchises within its geographical limits. B. A franchised MCS provider shall be selected as part of a public proceeding and hearing which affords due process to both the City and the applicant, and after which, if the applicant is selected as a franchised MCS provider, then such applicant will enter into a franchise agreement with the City, pursuant to the provisions of Federal, State and local laws and regulations. 58 C. The City hereby authorizes TW, subject to the terms and conditions of this Franchise, and the MCS Ordinance (#119-92) to use and occupy public streets and r.upciLf within the City to construct, operate and maintain a cable system to provide cable service and such additional services as TW may legally provide. SECTION 108. EXTENT OF GRANT OF FRANCHISE. A. Upon an award of a franchise, and the subsequent execution of this Franchise agreement, an MCS provider required to obtain and maintain a franchise may construct, erect, install, maintain, operate, repair, replace, remove, or restore the multi-channel system within the geographical limits set forth in its respective franchise agreement. B. The franchised multi-channel system may be located in, upon, along, across, over, and under the streets, rights-of-way, easements, and public ways of the City. C. If necessary, the responsibility of obtaining easements on private (including privately owned utility or street light poles) shall be that of a franchised MCS provider. D. A franchised MCS provider, through a separate pole or utility easement agreement with an affected utility, may locate the multi-channel system on, or within, the r-�r. .1 of such utility company. This provision specifically includes MCS providers classified as cable operators. SECTION 109. TERM OF FRANCHISE. A. The term of the Franchise shall be for a period of ten (10) years from the effective date, unless sooner terminated as provided in this Franchise, at which time it shall expire and be of no further force and effect. The term of said Franchise shall be extended for five (5) years from the end of the ten (10) year term in the event the following two conditions are met. First, TW shall have complied with the material terms and conditions of this Franchise over the term prior to action by Council in this matter. Second, TW and the City shall mutually agree upon any state-of-the-art upgrades pursuant to Section 89.A.(2) and additional levels of funding for the government access channel not to exceed twice the level of funding specified in Section 121(B) of this agreement. B. Within ninety (90) days after the first day of the seventh year of the franchise term, TW shall provide notice by certified letter to the City that it seeks the five (5) year renewal. Such notice shall include TW's statement that it has compiled with the material terms and conditions of this Franchise, and has met the second criteria for renewal described in Section (A) above, and any information TW may provide in support of its request. C. Within ninety (90) days of receipt from TW, the City shall review the notice and supporting information provided by TW and shall notify TW in writing of its intention to either grant and renewal or if the City contends TW has failed to comply with the material terms and conditions of this Franchise or has failed to comply with the state-of-the-art and 59 access requirements specified in Section (A) above. If the City fails to notify TW within the ninety (90) day period, the five (5) year renewal shall be deemed to be granted and no further action by the City or TW shall be required. D. If the City contends that TW has failed to comply with this Franchise or has not complied with state-of-the-art and access provisions specified in Section (A) above, it shall present written documentation to TW and TW shall have thirty (30) days in which to cure any such failure as may be specified by the City or to provide evidence showing why the City's claims should not be considered in granting the renewal. The City shall present written documentation to the City Council, including, but not limited to, the information supplied by TW, as required by the City, no later than one hundred twenty (120) days after TW notification that the City contends that TW has not complied with the material terms and conditions of this Franchise and/or the state-of-the-art and access requirements specified in Section (A) above. Upon receipt of the documentation and evidence from TW, the City Council shall schedule a public hearing after receipt of the documentation and evidence. At such public hearing, TW shall have the right to present its documentation and evidence in support of its position. E. If, after reviewing all documentation, the City Council decides TW has complied with the material terms and conditions of this Franchise, and complied with the access requirement specified in Section (A) above, the five (5) year renewal shall be awarded. If the City Council decides TW has not complied with the material terms and conditions of this Franchise or the requirements of Section (A) above, it shall adopt a resolution stating the same. If such a resolution is adopted, TW has the right to contest in a court of appropriate jurisdiction the City Council's action. F. Notwithstanding the foregoing, any failure to comply which has been cured by TW shall not be used as a failure to comply under this section, unless such failures create a pattern of non-compliance. G. If an initial franchise or renewal franchise is for a period of six (6) years or less, then this Franchise Agreement shall detail the reasons for granting the shorter franchise term. H. The reasons for a franchise term of six (6) years of less include, but are not limited to, the following: (1) multiple or repeated violations of the prior franchise agreement; (2) multiple or repeated violations of this Franchise, or any mandated provisions of the CCPA; (3) a continuing and documented pattern of substandard or non-responsive service; (4) reckless disregard for the safety and welfare of the citizens of the City; 60 L -- (5) failure to comply with any construction, rebuild, or upgrade schedule; (6) failure to timely pay in their entirety any franchise fees or taxes, or other charges due to the City. I. The Council/franchising authority reserves the right to grant a franchised MCS provider a variable franchise term (wherein the initial or renewal term may be extended by up to three [3] years, not to exceed fifteen [15] years total) upon the franchised MCS provider attaining an excellent rating during the course of a periodic performance evaluation. J. Should the highest court of the Nation or State invalidate, void as unenforceable or unconstitutional, the concept of a franchise or franchise duration, then the Council/franchising authority may adopt emergency rules and regulations in order to preserve and protect the rights and duties of both the Council/franchising authority and any franchised MCS provider. During the interim, the invalid franchise may be considered (unless prohibited by the State) and interpreted in the same manner and fashion as a business license. Upon the adoption of emergency rules, the Council/franchising authority and TW should enter into a new agreement which describes under which terms and conditions the system may be operated, and under what circumstances TW may forfeit its right to operate the multi-channel system within all or part of the City. Nothing herein shall supersede Section 113, Default of Franchise; Revocation, Termination or Cancellation of Franchise. SECTION 110. APPLICATION FOR FRANCHISE; APPLICATION FEE. A. Consistent with Federal law, the Council/franchising authority may develop rules and regulations with respect to the submission and processing of applications for an initial franchise or franchise renewal. Such rules and regulations shall primarily be aimed at determining the legal, financial, technical, and character qualifications of the applicant. SECTION 111. FRANCHISE FEES. A. TW, after the date this Franchise becomes effective, will pay to the City for the privilege and use of the streets, rights-of-way, easements, and public ways, and other facilities of the City in the operation of the multi-channel system, and for the City's supervision thereof during the term of this Franchise, a sum of five (5%) percent of annual gross revenues derived from the provision of cable services for the term of this Franchise. In addition, TW shall pay to the City five (5%) percent of the gross annual revenues derived from the provision of services other than cable television over the system until December 31, 1997. After December 31, 1997, TW shall pay to the City that percentage of its annual gross revenue derived from the provision of services other than cable television over the system which is equal to the highest percentage of gross revenues for the provision of equivalent services which is paid or due to the City by any other person. 61 B. If the FCC, Congress or other governmental entity with authority over multi- channel service ever allows a governmental entity or Council/franchising authority to increase the franchise fee beyond five (5%) percent, then the Council/franchising authority shall have the authority to increase the franchise pass-through fee up to ten (10%) percent, if allowed by law. C. It is intended that the franchise fees will promote the health, safety, and welfare of the citizens of the City. Therefore, the five (5%) percent franchise fee shall be deposited in the general revenues of the City unless specifically authorized elsewhere. D. TW shall file with the Council/franchising authority, within ninety (90) days after the expiration of each of TW's fiscal quarters, a detailed financial and revenue statement clearly showing the gross revenues received by TW during the preceding quarter and certified by a certified public accountant or officer of TW attesting to the accuracy, completeness, and veracity of the revenue figures. Such statement shall be in the form and format approved by the Council/franchising authority, in accordance with acceptable accounting principles. Such statement shall include revenue from whatever source, directly or indirectly derived from, or allowed, or caused to be derived from, or applicable to the operation of the multi-channel system, or the provision of any multi-channel service by or to the multi-channel system, for those revenues and revenue sources applicable to or affecting the franchise fee or the computational base for the franchise fee. Revenue will be -;.r.,.�:,1 by service category, type, and level showing computations and using incremental billing rates for all sources, levels, tiers, and types of service and other revenue sources of all kinds and types. E. Payment of the quarterly portion of the franchise fee shall be rendered to the City at the time the financial and revenue statement is filed. F. In the event that payment is not made within forty-five (45) days after the date specified in this section, then TW may be declared in default of this Franchise, and this Franchise may be revoked, terminated or canceled in the manner prescribed by this Franchise. G. The Council/franchising authority reserves the right to audit TW's books, if the Council/franchising authority deems it necessary in order to determine whether appropriate franchise fees have been paid. If such audit discovers an underpayment of franchise fees that exceeds two (2%) percent of the total fee paid for any reporting year, then TW shall reimburse the City for the cost of such an audit. It is specifically understood that the right of audit and re-computation of any and all amounts paid under a franchise fee shall always be accorded to the Council/franchising authority. It is further understood that the Council/franchising authority shall be bound by the result of any audit it performs or causes to be performed, except for instances involving fraud. H. If an audit or other research discovers that franchise fees have been either underpaid or not paid for a period exceeding six (6) months from the original due date, then 62 the City may seek full recovery of the underpaid or non-paid fees plus interest, not to exceed fifteen (15%) percent or the maximum allowable under State law (whichever is lesser). I. All annual reports due and pertaining to the payment of franchise fees will be certified by an officer of TW, and such provider shall maintain records used in the preparation of said report, to be produced in their originality and totality upon request or demand by the Council/franchising authority for at least a five (5) year period. J. No acceptance of any payment shall be construed as a release, or an accord, or satisfaction of, any claim that the City might have for further or additional sums payable under the terms of this Franchise, or for any other performance or obligation of TW hereunder. K. Payments of compensation made by TW to the City, pursuant to the provisions of this Franchise, shall be considered in addition to, and exclusive of, any and all authorized taxes, business license fees, other fees, other levies or assessments presently in effect, or subsequently adopted. L. A franchise fee does not include any items excluded by Section 622(g)(2)(D) of the CCPA (codified at 47 USC 542(g)(2)(D). M. Nothing in this section shall be construed to limit the authority of the Council/franchising authority to impose a tax, fee or other assessment of any kind on any person (other than TW) with respect to multi-channel service or other programming or communications service provided by such person over the multi-channel system for which charges are assessed to subscribers, but not received by TW. For purposes of illustration only, this subsection shall include the situation(s) where a premium service directly bills a subscriber, or TW merely acts as a collection agent for a premium service billing directly to a subscriber, or where a person leases a channel for commercial use and sells advertising or goods on that channel, and receives the money directly or through a third party. N. For any twelve (12) month period, the fees paid by any person subject to Subsection (M) who provides any such multi-channel service shall not exceed five (5%) percent of such person's gross revenues derived in such period from the provision of such service over the multi-channel system, or the maximum allowed by law at any time. O. If at any time the highest court of the nation, or the highest court of the State, invalidates, voids, or rules as unconstitutional the concept of franchise fees, then the Council/franchising authority may impose an alternative user charge on TW, in the manner set forth in this Franchise. P. In light of Subsection (0) of this section, and recognizing that an alternative user charge may affect TW, please note that this Franchise Agreement may contain express language which details a different method or manner for collection of franchise fees should the 63 way they historically have been calculated (as a percentage of gross revenues) be ruled unconstitutional or unenforceable, so that the City's source of revenue and compensation for the use of the public right-of-way may be protected. SECTION 112. ASSIGNMENT OR TRANSFER OF FRANCHLSE. A. Where required for operation, TW's franchise may not be assigned or transferred in whole or in part by TW, without the prior express written approval by the Council/franchising authority. B. Any attempted assignment or transfer without such prior written consent shall constitute a default of such franchise. ' C. In the event of such a default, the Council/franchising authority shall proceed according to the procedure set forth in this Franchise. and any applicable State law. D. At least ninety (90) days before a proposed assignment or transfer of TW's franchise is scheduled to become effective, such franchised MCS provider shall petition in writing for the Council/franchising authority's written consent for such a proposed assignment or transfer. E. The Council/franchising authority will not unreasonably withhold its consent to such an assignment or transfer. - However, in making such a determination, the Council/franchising authority may consider the following: ' (1) experience of proposed assignee or transferee (including conducting an investigation of proposed assignee or transferee's service record in other communities); (2) qualifications of proposed assignee or transferee; ' (3) legal integrity of proposed assignee or transferee; (4) financial ability and stability of the proposed assignee or transferee; (5) if requested by the Council/franchising authority, submittals from the ' proposed assignee or transferee, on what, if any, changes it intends to make in the operation and maintenance of the present multi-channel system; ' (6) the corporate connection, if any, between TW and the proposed assignee or transferee; the economic viability or non-viability of the multi-channel system in (� the future, based upon certain factors, including the impact of the 1 64 purchase price on the City and/or the proposed assignee or transferee; and, (8) any other legitimate aspect of the proposed assignee's or transferee's background which could affect the health, safety, and welfare of the citizenry of City as it relates to the operation of the multi-channel system. F. Upon request, a copy of the completed sales agreement, or a functionally equivalent instrument, between TW and proposed assignee or transferee shall be provided to the Council/franchising authority, so that the Council/franchising authority may discover the assumption of obligations by TW and proposed assignee or transferee with respect to the multi-channel system. In lieu of the sales agreement, the Council/franchising authority may accept an attested summary of obligations assumed by the above-referenced parties. G. Before an assignment or transfer is approved by the Council/franchising authority, the proposed assignee or transferee shall execute an affidavit, acknowledging that it has read, understood, and intends to abide by both this Franchise and the applicable franchise agreement. H. In the event of any approved assignment or transfer, the assignee or transferee shall assume all obligations and liabilities of the former franchised MCS provider, except as noted in Subsection (I). I. An assignment or transfer shall not relieve the former franchised MCS provider of its liabilities under this Franchise Agreement until the assignment actually takes place, or unless specifically relieved by Federal or State law, or unless specifically relieved by the Council/franchising authority at the time an assignment or transfer is approved. SECTION 113. DEFAULT OF FRANCHISE; REVOCATION, TERMINATION OR CANCELLATION OF FRANCHISE. A. When any event, act or omission (on the part of TW) occurs which represents a violation of an integral and material provision of this Franchise, or compromises the corporate character, or legal, financial or technical integrity and/or stability of the multi-channel system or TW to such a degree that the interests of the subscribers and users are materially and negatively affected, then such event, act or omission may be considered a major breach of this Franchise. Under this circumstances, the Council/franchising authority shall notify TW in writing of the specific breach, and direct TW to comply with all such provisions of its proposal, Franchise Agreement, or this Franchise. B. For illustrative purposes only, the events, acts and omissions include, but are not limited to: bankruptcy, insolvency, failure to pay taxes or franchise fees (including the alternative user charge if applicable), failure to receive written Council/franchising authority approval for an assignment or transfer, or failure to abide by the integral and material terms 65 and conditions of this Franchise Agreement, or integral and material provisions of this Franchise. For purposes of this section, "integral" means a provision which either (1) affects the ability of the customer to receive multi-channel service; or (2) affects the ability of the Council/franchising authority to receive compensation for the use of its rights-of-way; or (3) affects the ability of the Council/franchising authority to evaluate TW's performance in the technical, financial, and legal aspects of the multi-channel system. C. Where TW satisfactorily corrects any of the enumerated conditions within sixty (60) days, then in no event shall the enumerated conditions be weighed against TW in any subsequent review of franchise performance. D. A copy of such notice of material breach shall be mailed to the surety on the performance bond. E. Within seventy-five (75) days after such written notice is mailed to TW, the Council/franchising authority shall conduct a public hearing on the matter (unless State law requires a different procedure in which the State procedure would control). F. The Council/franchising authority shall provide written notice to a TW and the surety of the time and place of said public hearing in a manner consistent with either State law, or approved by the Council/franchising authority. G. At the time of the hearing, TW may present information on the current status of the alleged breach of this Franchise Agreement. If the situation has been resolved, or steps are being taken to resolve the situation, then TW should present the information at the hearing. H. If TW fails to attend the hearing and has not requested a continuance of the hearing, then TW shall be deemed to have waived its right to a further continuation of the matter, and may be declared in default of this Franchise Agreement. I. After the public hearing, the Council/franchising authority may determine TW to be in compliance and dismiss the matter, or may determine that TW has cured any non- compliance and thereby dismiss the matter. However, the Council/franchising authority may determine that an ordinance violation exists and remains uncured. Consequently, upon a finding that TW violated an integral ordinance provision, or failed to cure an outstanding ordinance violation, the Council/franchising authority may direct TW to take corrective action within a specified period of time, or may declare TW in default of this Franchise Agreement and thereafter may revoke, terminate, or cancel this Franchise, unless this franchised MCS provider presents sufficient mitigating circumstances. J. If the Council/franchising authority directs corrective action to take place within a specified time or declares TW in default of this Franchise Agreement, then that declaration shall be reduced to writing, and the notice of corrective action or default shall be mailed to TW, and surety, within fifteen (15) days of the Council/franchising authority's action. 66 K. If within forty-five (45) days of the public hearing TW, or surety, does not take significant action to rectify the breach, or submit a plan detailing how TW will eliminate the breach, then the Council/franchising authority may revoke TW's franchise, and may notify TW and surety forthwith, unless there are mitigating circumstances. L. The Council/franchising authority reserves the right to assess any charges incurred (including costs for consultants, witnesses, and hearing preparation) in a default and/or revocation proceeding to TW. SECTION 114. PERFORMANCE EVALUATIONS. The Council/franchising authority is authorized to design a performance evaluation procedure which periodically monitors compliance of TW with the terms and conditions of this Franchise. Moreover, the Council/franchising authority may periodically review, and examine whether TW financial, technical, legal, and character qualifications continue to meet required operational, maintenance, and performance levels in order to ensure that identified community needs are met and the uninterrupted provision of multi-channel services. Such performance evaluations may be conducted every three (3) years during the franchise term, and may be done as part of any required survey. SECTIONS 115-119. RESERVED. SECTION 120. SPECIFIC ADDITIONAL RULES FOR MCS PROVIDERS CLASSIFIED AS CABLE OPERATORS. il' A. In addition to any requirements contained within this Franchise, TW shall be 111 expected to abide by and comply with all applicable provisions of the Cable Communications Policy Act of 1984 and its amendments. B. The specific provisions of the CCPA include, but are not limited to, the Ifollowing: (1) cable channels for public, educational, or governmental use (Section 611 ICCPA - codified at 47 USC 531); I (2) cable channels for commercial use (Section 612-47 USC 532); (3) general franchise requirements (Section 621-47 USC 541); I (4) franchise fees (Section 622-47 USC 542); (5) regulation of rates (Section 623-47 USC 543); I I 67 (6) regulation of services, facilities, and equipment (Section 624-47 USC 544); (7) modification of franchise obligations (Section 625-47 USC 545); (8) franchise renewal (Section 626-47 USC 546); (9) conditions of sale of a franchise (Section 627-47 USC 547); (10) subscriber privacy (Section 631-47 USC 551); and, (11) equal employment opportunity (Section 634-47 USC 554). C. Further, as an additional requirement, before the third anniversary of the effective date of this Franchise, TW shall have designed and activated the multi-channel system with a minimum capability or providing seventy-seven (77) full-time video channels. SECTION 121. SPECIFIC ADDITIONAL PUBLIC, EDUCATIONAL, AND GOVERNMENTAL RULES. In order to develop and promote public access programming for the system's access channels, TW hereby agrees to provide the following: A. All active access channels shall be placed on the basic tier of service, unless both parties mutually agree otherwise. B. TW shall provide $175,000 for studio, portable and edit equipment for government access production. TW shall provide funds for government access equipment replacement and maintenance upon the reasonable request of the City, not to exceed the initial grant. In addition, TW agrees to provide the City with $1,000 per year to support government access related computer software. Such government access funds shall be provided by TW. C. TW will provide forty (40) hours per year of video training to the Wichita Falls Independent School District without charge. Requests for training must be made at least one week in advance. D. TW will provide, maintain, and replace studio and playback facilities for public access use and provide staff and services for public access consistent with the facilities, equipment, services and staff provided for such purposes by TW during the previous Franchise term, as set forth in Appendix I, "Public Access Services and Facilities," attached hereto and in,,,,.r.,.ated by reference. E. TW will produce and cablecast at least 250 hours per year of original (non- repeat), local programming concerning the City of Wichita Falls and activities and events 68 therein, provided that current expenditures of $81,000 and any increase in costs consistent with the level of inflation in any year shall be considered a part of the rate base under FCC rules in effect on the effective date of this franchise. Prior to increasing rates based upon increased costs above those contemplated herein, the Grantee shall consult with the City. The City, in its discretion, may lower the number of hours of programming required herein to avoid cost increases to the subscriber. F. TW shall provide an appropriate converter for the.access channel designated for closed circuit-programming to all municipal and educational locations receiving free drops and TW shall provide up to an additional twenty (20) converts to individuals identified by the City to receive closed-circuit programming. The necessary headend equipment for modulating, scrambling, and cablecasting the closed-circuit signals shall also be provided by Time Warner Entertainment-Advance/Newhouse Partnership. TW shall provide the technical assistance required to transmit closed-circuit programming on the system. G. TW shall construct and maintain transmission facilities from Kirby Middle School, City Hall, MSU, School Administration, MPEC, and a new public library, if constructed. TW agrees to provide digital, optical transmission packages for all origination sites upon completion of the rebuild. SECTION 122. THE COUNCIL/FRANCHISING AUTHORITY'S OBJECTIVE AS IT RELATES TO THE PROVISION OF BROAD CATEGORIES OF VIDEO PROGRAMMING AND SYSTEM SERVICES AFTER THE REBUILD. A. The Council/franchising authority recognizes that under Section 624 of the CCPA (codified at 47 USC 5440), the legal power of local government is severely restricted in requiring and/or demanding that particular video programming or other services be provided to subscribers over the multi-channel system. B. Nevertheless, the Council/franchising authority recognizes that it should strive to ensure that its citizens receive the widest and most diverse section of video programming possible. TW agrees to provide diverse programming which reflects the various interests of the residents of Wichita Falls, including minority, racial, and linguistic populations. TW agrees that the provision of video programming to subscribers should include the following broad categories: (1) local broadcast stations as required by FCC; (2) PEG programming on the lowest offered as specified in the Cable Act. C. TW shall provide one free cable drop and free non-premium service to each location already provided with a free drop, and at any City-designated locations in municipal and/or educational buildings on a time and materials cost basis. All non-premium services and closed circuit training programming shall be provided free of charge to all of these locations. 69 Upon request by the City or the schools, each drop will be capable of supporting multiple additional outlets. D. All closed-captioned programming shall be re-transmitted by the system. E. TW will offer "Cable in the Classroom" and guides, to the schools in the City of Wichita Falls served by TW, free of charge, to the extent available to TW on the terms similar to those on the effective date of this Franchise. F. One access channel shall be made available for closed circuit institutional programming. SECTION 123. INSTITUTIONAL NETWORK. A. TW agrees to construct, install and maintain an Institutional Network ("I-Net") to the locations indicated in Appendix I attached hereto and entitled "Institutional Network Locations." To the extent technically feasible, the I-Net shall be a part of the subscriber network. The cutover to these sites shall be conducted so that, to the extent technically feasible, no service is lost to those sites currently originating programming on the access channels. The I-Net will utili7P the capacity of four activated fibers to each site as may be required by the City and other non-commercial governmental and educational users throughout the term. The governmental and educational users of the I-Net shall be responsible for all end user equipment necessary to enable them to utili7P the I-Net. Time Warner agrees to provide for routing redundancy to support the self healing properties of end user equipment. The institutional network and each institutional network location connection specified by the City shall meet the design specifications included in Appendix J, "Institutional Network Design Specifications," attached hereto and incorporated by reference. Both parties agree that Time Warner will not charge the non-commercial governmental and educational users of the I-Net for its use except that these users will be responsible for the payment of any fees imposed on Time Warner by another telecommunications service provider based on the use of the I-Net (by way of example interconnect and access charges). Time Warner shall not pass through to cable television subscribers any charge attributable to the use of the I-Net by the non-commercial governmental and educational users, provided that this in no way limits Time Warner's rights to externalize for rate regulations or other purposes the amount of costs which it actually incurs in connection with the I-Net. The I-Net shall be used only for non-commercial governmental and educational purposes. The I-Net and any portion thereof may be connected with a site other than the I- Net sites, (the I-Net sites being the locations specified in Appendix I and any other municipal government or public education site in Wichita Falls, which is subsequently made part of the I-Net) and may be used to transmit or receive a communication to or from any place other than a site on the I-Net (the I-Net sites being the locations specified in Appendix I and any other municipal government or public education site in Wichita Falls, which is subsequently made part of the I-Net) only if Time Warner consents thereto, which consent may not be denied unless Time Warner is willing to provide such connection or transmission at a charge no greater than that which the City would pay any other party for such transmission or 70 connection. However, nothing herein will prevent (1) the transmission of information (including video) to or from or connection with any communication or informational system of a governmental or non-commercial educational entity, or (2) connection with any communication or informational system of a governmental or non-commercial educational entity without the consent of Time Warner, or (3) connection with a City-owned telecommunications facility which is used exclusively for non-commercial governmental and educational purposes and which does not include any connection to any commercial telecommunications facility (by way of example, a municipal traffic control system). B. TW shall construct the connection from the existing I-net to the additional sites listed in Appendix I, and any additional governmental or educational sites additional City sites on an incremental materials cost basis. The parties agree that at the time of request, the City may indicate if the additional cost for such connections will be borne by the City, a third party, or be passed through to subscribers. For the purpose of this Franchise, incremental material costs shall be defines as only that portion of the costs of the I-net incurred by the TW in the installation of its facilities which exceed the rebuild capital cost of the cable system and, but for the additional capacity provided upon request of the City, which the TW would incur in its normal course of providing facilities for its own use and purposes. For example, the City will be charged only the incremental material costs for additional fibers within TW's common cable sheaths, where applicable, but there will no labor costs charges against the City to construct such common cable sheaths. All non-incremental expenditures for construction, installation and activation of I-net facilities beyond TW's planned cable plant will be charged against the City at TW's direct costs for labor and materials. C. Features incorporated into the system design and headend equipment shall permit institutions to transmit programming via upstream, institutional channels to access channels on the residential subscriber network. D. The institutional network will be completed during the rebuild in conjunction with the adjoining portions of the system. The TW will use its best efforts to activate the return paths from the organizations operating access channels, as soon as possible during the construction of the rebuild. Under normal operating conditions, TW shall respond to technical problems on the institutional network within six (6) hours with the exception of public safety or critical City communications. In such cases, TW shall respond immediately. SECTIONS 124-128. RESERVED. SECTION 129. MISCELLANEOUS PROVISIONS - TAMPERING AND UNAUTHORIZED RECEPTION OF CERTAIN SERVICES. A. Consistent with Section 633 of the CCPA (codified as 47 USC 533), no person shall intercept or receive or assist in intercepting or receiving any communications service offered over the multi-channel system, unless specifically authorized to do so by TW, or as may otherwise be specifically authorized by law. 71 t B. For the purpose of this section, the term "assist in intercepting or receiving" ' shall include the manufacture or distribution of equipment intended by the manufacturer or distributor (as the case may be) for the unauthorized reception of multi-channel service as noted in Subsection (A) of this section. ' C. Without security permission from TW, or making payment to TW, no person shall be authorized to make any connection, whether physically, electrically, acoustically inductively, or otherwise, with any part of an authorized or franchised multi-channel system for the purpose of receiving or intercepting, or assisting others to receive or intercept, any cable service provided lawfully by TW. ' D. No person shall be authorized to willfully tamper with, remove, or damage any cable, wires, equipment, or facilities used for the distribution of multi-channel services. I II E. TW agrees to cooperate with the Counci Jfranchising authority in developing and implementing a plan designed to control and eliminate the unauthorized reception of certain cable services within the City. SECTION 130. EFFECTIVE DATE. This Franchise shall take effect and be in full force from and after passage and publication as provided by law, provided, however, vested rights relating to billings and the City's rights to accrued Franchise fees shall not be affected thereby; and provided, further, that any criminal proceedings commenced under or pursuant to said Franchise shall in no manner be affected. I 1 I 72 IN WITNESS WHEREOF, this franchise has been duly executed and delivered by or on behalf of the parties hereto as of the effective date of Ordinance No. C{`� . City of 'chits Falls, Texas By: Michael Lam, Mayor Time Warner Entertainment- Advance/Newhouse Partnership By Time Warner Entertainment Company, L.P. Managing Partner By: Name: -#414-14 L • --7(-4E7-ei Title: /-�—e4 73 • • • • • • • • APPENDICES • • • • sr I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1 APPENDIX A Consumer Standards I VISTA_ A B L E V I S I O N 3225 Maurine Strut Wichita Falls, Texas 76305 817 855 5700 Fax 817 855 0465 I I I WICHITA FALLS CUSTOMER SERVICE STANDARDS I1. OFFICE AND TELEPHONE : i A. Knowledgeable, qualified company representatives will be available e to respond to customer telephone inquiries Monday through Friday during normal business hours. ' Additionally, Vista Cablevision will staff telephones for supplemental hours based on community needs. IB. Under normal operating conditions, telephone answer gP time by a customer service representative, including wait time, and the time to transfer the call, shall not exceed I 30 seconds. Automated answering and distribution equipment will limit the number of routine rings to I four or fewer. These standards will be met no less than ninety percent of the time measured on an I annual basis. IC. Under normal operating conditions, the customer will receive a busy signal less than three percent of the time that the cable office is open for business. 3 D. Customer service center and bill payment locations will be open for transactions Monday Ithrough Friday during normal business hours. Additionally, Vista Cablevision will be open supplemental hours based on community needs. 1 I I A DIVISION OF q lIUE OIAII■E ti SAILS 1 1 ' 2. Installations. Outages and Service Calls Under normal operating conditions. each of the following four standards will be met no less than 95% of the time measured on an annual basis. ' A. Standard installations will be performed within seven business days after an order has been placed. "Standard" installations are up to 125 feet from the existing distribution system. S Excluding those situations beyond the control of the cable operator. the cable operator will respond to service ' interruptions promptly and in no event later than 24 hours. Other service problems will be responded to within 36 hours during the normal work week. C. The appointment window alternatives for installations. service calls. and other installation activities will be (a) ' morning. (b) afternoon, or (c) all day during normal business hours. Additionally, based on community needs. 1 cable systems will schedule supplemental hours during which appointments can be set. D. If. at any time an installer or technician is running late. an attempt to contact the customer will be made and the appointment rescheduled as necessary at a time which is convenient for the customer. I 1 I 1 1 1 3. Communications, Bills and Refunds ' A. The cable company will provide written information in each of the following areas at the time of installation and at any future time upon request: • products and services offered 'I . prices and service options • installation and service policies • how to use the cable service a Bills will be clear, concise and understandable. C. Refund checks will be issued promptly, but no later than ' the earlier of 45 days or the customer's next billing cycle following the resolution of the request. and the return of the equipment supplied by the cable company if service is terminated. D. Customers will be notified a minimum of 30 days in ' advance of any rate or channel change. provided the change is within the control of the cable operator. r I I 1 I I APPENDIX B Cutover Plan April 25, 1995 A l p • Wjcbuita Falls. TX Upgrade • The planned upgrade area inside the city limits is approximately 404 miles of plant. • A fiber rich plant will be overlaid on the existing coaxial cable system. The coaxial cable system will be broken up into fiber node areas which will serve an average of 500 passings per node. These node areas will consist of approximately five to six miles of coaxial plant with an amplifier architecture of no greater than four trunk amplifiers and three line extenders in cascade. • Approximately 82 sheath miles of fiber optics cable will be used to interconnect all of the fiber nodes to the system headend programming distribution point. • Approximately 10/ of the existing coaxial cable will be replaced and an additional 5% of new coaxial cable plant will be built to serve homes that are not presently passed. T 9n Plan 1. Install fiber optic cable and new and replacement coaxial cables where necessary through out the system. 2. Working our way from the extremities of the system back to the headend, replace all passives and actives with new equipment one fiber node at a time. By starting at the extremities of the system to connect fiber to the optical nodes as the passives and actives are replaced will keep service interruptions to a minimum. 3. The existing programming lineup along with the additional new programming will be transmitted on the fiber networks as each fiber node is activated. 4. Home terminals will be offered to customers and installed by Vista representatives with no installation charge for the terminal installation. These representatives will also at the same time explain the functionalities of the home terminal, and brief customers on all of the new programming. 5. Any Vista Cablevision drop equipment that doesn't pass the new channels correctly will be replaced at no charge to the customer. All drop fittings at the pole will be replaced when new passives are installed. I I I I I I I I I I I I I I I I I I I IN • • • APPENDIX C System Equipment • • • T I M I W A R N [ R MEMORANDUM CABLE April 27, 1995 System Performance Specifications and Technical Standards The Wichita Falls system will be upgraded to a fiber background system with three single-mode fibers run to each node supporting an average of 500 passings per node. Two fibers will initially be activated at 1310 rm wavelength, one for downstream services and one for upstream services. All three fibers to each node will be spliced and tested at both wavelengths (1310 nm and 1550 nm) when plant is activated. The coaxial cable plant will be activated downstream 54 MHz thru 750 MHz capable of providing video, audio, data, and monitoring and control signals to the customers, and upstream 5 MHz thru 40 MHz capable of retrieving audio, data, and monitoring and control responses from the customers. The system will be in technical compliance with the Federal Communications Commission's section 76 subpart K technical standards. Specifically, the system will meet or exceed all parts of section 76.605 technical performance standards (note exception). The system will be designed and set up to provide greater than 0 dbmv of signals on all video channels at the customers' terminals of no more than two active outlets. A customer will be required to provide a residential RF two-way amplifier for his/her use to provide adequate signals to the additional outlets at the customers' terminals. A standby generator will be installed at the systems' headend to sustain services to the customers in the event of a utility power loss. Standby power supplies, with a minimum of 1.5 hours of standby time, will be provided to all parts of the plant in the event of a utility power loss. Historically, the majority of utility power losses are less than 20 minute duration. Good engineering practices will be incorporated in the design of this system, quality materials will be used in the equipment to withstand the environment it is required to operate in, and professionalism will be maintained in all aspects of the construction and operation of the system. • Ari(-co- 5 WtU 6.01 I 'fit rirathtrc LrGLC iir1 L. t•nA Nu, iuJ OuOu r. .o Pctcriptiop of Uostrade Plat • The system will be designed and upgraded to 750 MHz with a fiber-rich backbone to serve an average of 500 passings per node. • Three fibers are planned for each node, one used for the downstream services, one used for upstream services, and one to be used for future services. 1 • Additional fibers will be installed to accommodate future growth at the system extremities. • System will be activated two-way 5 to 42 MHz in order to utilize the full benefits of the addressable terminal's features. • The electronic equipme t installed for the fiber system will be General Instrument lasers and receivers. • The electronic equipment installed for the RF portion of the plant will be C-COR Flexnet. • Alpha standby power supplies with status monitoring are planned to power each fiber node and key areas that have a track record of frequent power outages. • We anticipate a 2.5% cable replacement for defective trunk and distribution, and a 1.5% addition of new trunk and distribution cables to accommodate ties and badcfeeds and reduce electronics. With the inclusion of the 22 miles of new plant, this comes out to 9.25%. All new cable added will be Trilogy MC2 500, 650 and 750. • We anticipate there will be rework and rerouting of drop cables and replacement of in-home devices that will not meet the upgrade bandwidth requirements. RG-6 type drop cable will be used. a • Magnavox 9000 series 1 GHz directional taps and passives will be used in the system. s ii r I Rev. 10/4/94 2 I I I I I I I I I I 1 I I I I 1 I I I I APPENDIX D Subscriber Drop Testing April 25, 1995 Vista Cablevision Drop Replacement Plan for Upgrade During the system upgrade we plan on replacing approximately 15% of the active drops because of excessive cable attenuation at 750 MHz and rerouting of house drops. Customers will not be charged for drop replacement or repairs made to the Vista Cablevision drops during this upgrade. We anticipate that 25% of the house drop replacements will be in apartment complexes due to only one distribution point at each building and long house drops causing excessive cable attenuation at 750 MHz. Plans are to install additional distribution points at each building where this situation exists and reduce the house drop lengths and attenuations. The majority of the residential drops will perform at 750 MHz and will not require replacement. We do not intend to remove or upgrade inactive drops during the system upgrade. The drops that are not replaced will be upgraded when they are moved from the old taps to the new ones. 6 The following work will be done to upgrade the drops. 1. New connectors will be put on at the pole or pedestal. 2. A waterproof splice will be installed in place of a premium channel trap. ' 3. Security shield will be removed and locking terminators will be installed on unused tap ports. 4. The drop will be checked for signal level and signal leakage with repairs made where necessary. 5. Drop passives will be replaced if their bandpass is less than 750 MHz. Replacements will have 1 GHz bandwidth. 6. Vista Cablevision's forward drop amplifiers will be replaced with two-way drop amplifiers. ' 7. The drop grounding will be checked and corrected if found in non-compliance with the NEC. 8. Cosmetic to drops will be made where ne cessary.p 1 I APPENDIX E Headend Upgrade rime-Lb-Jb WtD 8:49 T l ME WARNER CABLE NATL. FAX NO. 303 649 8090 P. 0.? r April 25, 1995 Wichita Falls. TX Headend Facility • • Office Building will be expanded to provide 1200 square feet of floor space for program processing electronics and a 600 amp electrical system with a 45 kW standby power generator. • Replace existing satellite antennas with a Simulsat antenna which looks at the entire North American satellite arc simultaneously giving the system the capability of receiving programming from all satellites now and in the future. • Replace satellite receivers with Integrated Receiver Decoders for analog programming and adding Digicipher Receivers for digital compression pay programming that will be provided. • Add equipment to receive thirty channels of digital audio and the Sega Channel. • Install equipment to offer an additional thirty channels of programming to Vista Cablevision customers. • Install a new emergency alert system that will provide both video and audio alert. • Install addressable equipment to control levels of service to customers and offer impulse pay per view. a 4 4 • • • • • ■ ■ ■ APPENDIX F • Subscriber Terminal Specifications . . • . • • • Jerrolw iMf ULbt iuuu senes baseband Converter CFT 2000 With On-Screen Display Specifications MODEL CFT 20*# Differential Gain 10%(max.) (*=1 way/2 way; Diierential Phase 10 degrees(max.) N=output channel 3/4) Scrambling Method Gated Sync Suppression or Dynamic Input Frequency 54-550 MHz Gated Sync Suppression,Video (excluding data carrier frequency) Inversion,Audio Privacy,Hamlin HRC/IRC Frequency Compatibility Assignments Downloaded On-Screen Display Character Size: 12 x 18 pixels Number of Channels 82 channels per cable;one or Screen Size: two cables 12 rows x 24 columns Dual A/B Cable Switching Optional A/B switch Message/Barker Capacity: (field upgradable) 14 pages Channel Descriptors: A/B Cable Indicator LED in front display 4 characters,maximum Input Video Level 0 dBmV to+15 dBmV Parental Control by Channel 100%user-controlled offering Input Sound Level -17 dBmV to+2 dBmV channel-by-channel selections Data Carrier FSK Modulated FM Carrier Mechanical Security Std.:security screws;security pin; Frequency 106.5 or 108.5 MHz uni-chassis construction Bandwidth ±200 KHz standard FM Downloadable Parameters Output Channel Level -15 dBmV Initialization Command Video S/N 49 dB @ 0 dBmV input level Terminal Logical Address System Site Code Fine Tuning Automatic Time Out Period AFT Capture Range t 300 KHz @ input level of 0 dBmV Terminal Configuration Authorization Information Output Frequency Accuracy t 150 KHz Barker Channel(s) Return Loss: Consumer Feature Enable/Disable Input 6 dB min. Subscriber Messaging Output 8 dB min. Channel Descriptors Spurious: Channel Cross Reference Map Output -57 dBc max.,in band Decryption Key Cross Modulation Distortion -56 dB(82 channels, Two-way System Compatibility Upgrade in field by addition each @+15 dBmV) of STARVUE5 OR STARFONEJ internal module Composite Second Order -60 dB(82 channels, Distortion each @+15 dBmV) Operating Temperature Range 59°F to 104°F(15°C to 40°C) Second Order Distortion -60 dB(@+15 dBmV input level) Operating Humidity Range 5%to 95%(non-condensing) Composite Triple Beat -65 dB(82 channels, AC Voltage 105 VAC to 125 VAC,60 Hz Distortion each @+15 dBmV) Power Dissipation 16 Watts at 120 VAC Converted Input Beats Surge Protection Surge protection provided on power (With all Input Signals) -25 dB(82 channels, supply and RF ports each @+15 dBmV) Size 10.25'x 8.25"x 2.7'(LxWxH) Hum Modulation Distortion 3 IRE (260.4 mm x 209.E mm Output Level 10 to 15 dBmV x68.6 mm) Isolation(Input/output) 70 dB min. Weight 5.5 lbs NOTE:Specifications subject to change without notice. ® General Instrument 8-5 APPENDIX G Preventative Maintenance Program I I I I I I I I - ¢ ,. '1 A pPErvOIX G ATC NATIONAL DIVISION PREVENTIVE MAINTENANCE POLICY PURPOSE ' SCOPE RESPONSIBILITIES ' POLICY Section 1 . HEADENDS page # 1 . 1 HEADEND/HUB CHECKS 4 1 . 2 AD INSERTION 7 2 . PLANT 2 . 1 PLANT TEST POINTS 7 2 . 2 SWEEPING g 2 . 3 LEAKAGE 10 ' 2 . 4 POWER SUPPLY 11 2 . 5 BONDING & GROUNDING 13 3 . OFFICE ' 3 . 1 DAILY PICTURE QUALITY CHECK 13 3 . 2 SYSTEM ENGINEER MONITORING 14 4 . CUSTOMER ' S RESIDENCE 4 . 1 INSTALLATION 14 4 . 2 SERVICE CALLS 14 5 . DOCUMENTATION 5 . 1 REQUIRED DOCUMENTATION 15 5 . 2 RESPONSIBILITY CHECK LIST FORM 16 ATTACHMENTS : ATC DROP SPECIFICATIONS ATC CONSTRUCTION SPECIFICATIONS P .M. RECAP SHEET A . T . C . RESPONSIBILITY CHECK LIST I i PURPOSE In accordance with ATC Engineering policy E-5 and the ' ATC Goals the purpose of this policy is to: ' 1. Improve customer service and quality of our product. 2 . Improve overall plant and equipment reliability. 3 . Increase the useful life of plant and equipment. 4 . Reduce operational costs . 5 . Maintain a professional image within the community. SCOPE ' This policy applies to all ATC National Division systems . i 1 1 RESPONSIBILITIES i A . System/Area Manager : The system/area manager is ' responsible to insure that this policy is implemented in his/her system. Any system not complying with this policy must advise their Vice- President of Ops in writing and describe plans to bring the system into compliance . Copies of this correspondence should be sent to the Vice President of Engineering. B . System Engineer : The System Engineer is responsible for developing specific System Maintenance Procedures and Work assignments to comply continuously with the policy . The System ' Engineer is responsible to review the specific work assignments and procedures with the System/Area Manager and to insure that each person on the work force understands his/her assignments . 111 C . Vice-President Engineering: The Vice-President of ' Engineering, in conjunction with the Project Engineers , is responsible to monitor systems for compliance with this policy . Each system will provide a Annual statement of the System' s compliance with the Policy to the Vice-President of Engineering. The Vice-President of Engineering will make assignments to the Project Engineers to 1 monitor and assist systems in resolving problems with compliance . 1 1 i 1 ' 3 1 . HEAD END/HUB ' 1 . 1 . 1 . Checklist required in the system: Each system Engineer must maintain and utilize a specific System Headend/Hub Checklist as the basis ' for the periodic tests . Each item on the checklist must specify established operation criteria or levels . The System Headend/Hub checklist is part of the System Maintenance Procedures . (As required ' in Paragraph B of Responsibilities . ) 1 . 1 . 2 Responsibility_ The System Engineer is to : ' a) Ensure that detailed procedures are developed for checking the headend. b ) Designate at least 1 person to be responsible for the operation of the headends/hubs . c ) Ensure that headend checks are preformed routinely . d) Ensure corrective action is taken when the established operation criteria is not met for any item. e ) Ensure that only qualified persons adjust or repair headend equipment . 1 . 1 . 3 . Lod; results of headend checks : A log of weekly headend checks is to be kept . The System Engineer will review the log as to deviations outside the established operational parameters . The log will provide the system with a history of headend' s operations to enable recognition of unstable equipment . 1 . 1 . 4 . Tests required in checklist : The checklist will be as comprehensive as necessary to ensure that all signals leaving the headend/hub meet the specifications of ATC requirements , the FCC , and other pertinent regulatory bodies . The ATC signal requirements must be modified as appropriate , by systems using scrambling, addressability, or other processing methods that effect the headend. Each instrument used to verify the checklist items should be calibrated prior to testing and allowed to reach it ' s suggested operating temperature . ' 4 r I 1 . 1 . 5 . ATC signal requirements : All signals leaving the headend/hub will meet the following ATC requirements : (Weekly Check) ' a) The channel shall be free of spurious beats or interference within the confines of system ' control . b ) The RF video carrier level , without ' scrambling, will not vary more than 1 Db from specified levels . ' c ) The RF audio carrier level , without scrambling, will operate between 13 and 17 Db below the related video carrier , unless required by FCC to clear FAA conflict . d) The video carrier , in the unscrambled mode , will be operated within ± 0 . 5 Db of either adjacent video carrier . ' e ) The depth of video modulation on all AM modulators will be maintained at 87 . 5% f 2% . f ) The audio subcarrier portion of any television channel must not deviate ' more than 25 Khz at any frequency . g) Proper operating levels will be verified for all encoding/decoding devices . h ) All data carriers on the system will ' be maintained at recommended manufacturer ' s specifications . (Monthly Check) a) The Baseband video and audio inputs for all cable channels shall be maintained at recommended manufacturer levels . 5 I I ' b ) Video Cipher II AGC voltage verified during the Scrambled mode . c ) Emergency Override systems checked for local and remote operation ( if so equipped) . ' d) Microwave or TVRO waveguide pressurization checked for leaks and dessicant condition . e ) Video and audio deviation checked on all FM transportation channels . 1 ( Semi-annual Check ) ' a) The cable channel will have a Carrier-to-noise ratio without a post-amp of 58 Db ; and with a post- amp of 56 Db . ' b ) The Hum in a cable channel will be less than 1 % of the related video 111 carrier level . (Annual check) a) The cable channel will have a video carrier to interfering carrier ratio the minimum outlined in the ATC ' Engineering Manual Frequency vs Perceptible beat graph in Section E- 1 . b ) The cable channel video carrier will operate within a frequency tolerance of 25 Khz from it ' s assigned ' frequency if it is a grandfathered channel . Any carriers not qualifying for ' grandfathered status must meet the requirements of the new rules in Section 76 . 612 of the FCC Rules & Regulations . To ensure these carriers are maintaining the new tolerance off 5 Khz , more frequent checks may be required. c ) The cable channel ' s audio carrier will be operated 4 . 5 Mhz , ±-- 1 Khz , above it ' s assigned video carrier . ■ I I ' d) The cable channel will have a frequency response f 1 . 5 Db from 0 . 5 ' Mhz below to 3 . 75 Mhz above the assigned video carrier . e ) All off-air antennas should be checked for mechanical defects and electrical integrity . ' 1 . 1 . 6 Equipment Specifications : The checklist will incorporate test procedures to ensure that all equipment is operating within specifications . ' 1 . 1 . 7 Standby Power : The checklist will include a section for inspecting and checking Headend/Hub standby generators or Battery backups for proper joperation. 1 . 2 Ad Insertion : 1 . 2 . 1 . Maintenance Responsibility : If the system has an in-house Ad Insertion Operation , The ' System/Area manager is to appoint a person responsible for the technical maintenance of the equipment . 1 . 2 . 2 Maintenance Requirements : Ad insertion equipment will be maintained in accordance with Manufacturer ' s suggested policies to protect all warranties and ensure long equipment life . 2 . PLANT TEST POINT CHECKS 2 . 1 PLANT TEST POINTS : 2 . 1 . 1 Number of Test Points : The minimum number of system test points should equal the total system miles divided by ten . A minimum of three test points per headend are required. 2 . 1 . 2 Location of Test Points : The test points should be located at the last trunk amplifier station on the longest cascades . The test point locations are to be located so the picture checks will represent worst case situations . The test point locations are to be recorded on a system map . ' 7 I r I t I 2 . 1 . 3 Schedule : Each week one fourth of the test points are to be checked. The test point checks are to be such that each test point is visited at least once every month . ' 2 . 1 . 4 Use Established Pass/Fail Criteria: Test points are to be checked using pass/fail criteria for the established for the system ( see 2 . 1 . 6b ) . The monthly test point checks will test overall system frequency response ; hum ; carrier to noise of at least two signals ( one at the highest 1 and one at the lowest frequency ) , and video and audio quality of all channels on a monitor . The audio check should ensure that a customer need not adjust the T .V . set ' s volume control to compensate for audio level differences across channels . If test points do not meet the pass/fail criteria, the ' System Engineer should ensure that corrective action is taken . 2 . 1 . 5 Log Results : The monthly test point ' check is to be logged. The log is to record the date , any problems found, corrective actions taken , and the name of the person who performed the tests . 2 . 1 . 6 Responsibility : The System Engineer is responsible to : a) Establish the schedule of which test points and how many test points are checked each week. b ) Ensure that pass/fail criteria are developed for the system' s test points . c ) Assign personnel to review the test point field checks . d) Designate a person to review the test point logs and flag problems . 2 . 2 SYSTEM SWEEPING: System sweeping has been demonstrated to be one of the most cost effective maintenance activities . Sweeping ensures that UNITY GAIN across the active frequency band is achieved. 8 I I 2 . 2 . 1 Sweeping Requirements : a) Systems should be swept over the design bandwidth of the plant in accordance to the approved ATC design specification for that plant . b ) The maximum peak-to-valley acceptable during monthly test point checking is not to exceed: the number of amplifiers in cascade + 2 1 10 While N/ 10 + 2 is sufficient for monthly checks , during actual field alignment the ' following should be adhered to : the number of amplifiers in cascade + 1 1 10 c ) Corrective action must be taken if there are ' any deviations from the maximum peak-to- valley . d) Sweep Unit : The system sweep deteriorates the ' picture quality and therefore , the system sweep unit is to be activated ( i . e . , turned on ) only during the time sweep measurements and adjustments are being taken . e ) Sweep Outward from Headend: The sweeping 1 activity should start at the Headend/Hub and work systematically outward. When the activity for that day is over , the activity on the following day should begin with re- checking the last amplifier from the previous day . ' 2 . 2 . 2 Frequency of Sweeping System: Each trunk amplifier should be swept a minimum of once per year . All other active devices should be checked once per year . I 9 I 111 2 . 2 . 3 Sweeping Schedule : Each system will P � y establish a sweeping schedule for the year accounting for anticipated weather variations . The System Engineer is responsible for insuring that the schedule includes the number of amplifiers to be swept on a month-by-month basis and that a copy is given to the System Manager . 2 . 2 . 4 Responsibilities a) The designated sweep personnel are responsible to sweep and to resolve deviations from the ' requirements . In addition , they are responsible for noting any physical plant problems for deficiencies ( i . e . , RFI , Lashing Wire , Grounding, Bonding , Voltage , etc . ) . b ) The System Engineer is responsible to 1 establish a way to track and clear such physical plant problems . c ) The System Engineer is responsible to ensure 1 that the sweep map is kept up to date . d) The System Engineer is responsible to authorize specific individuals who can open amplifier housings and to ensure that all personnel know that only authorized individuals can open amplifiers . 2 . 2 . 5 Record on System Map : The sweeping activity is to be displayed on a System map which clearly indicates the status of the System sweeping activity for the current year . 2 . 3 SYSTEM LEAKAGE: 2 . 3 . 1 System Leakage Log: Each System is to use a System Leakage Log to record detections of leaks ; where , when , by whom, when cleared, and what was done to clear . 2 . 3 . 2 Clear Leakages : The System Engineer is responsible to ensure that all leaks are systematically cleared from the Leakage Log. 10 1 . t t 2 . 3 . 3 Frequency of Monitoring: The FCC Rules and Regulations Part 76 . 614 state that ; "CABLE TELEVISION OPERATORS TRANSMITTING CARRIERS IN THE FREQUENCY BANDS 108-137 AND 225-400 MHz SHALL ' PROVIDE FOR A PROGRAM OF REGULAR MONITORING FOR SIGNAL LEAKAGE BY SUBSTANTIALLY COVERING THE PLANT EVERY THREE MONTHS. THE INCORPORATION OF THIS MONITORING PROGRAM INTO DAILY ACTIVITIES OF EXISTING SERVICE PERSONNEL IN THE DISCHARGE OF THEIR NORMAL DUTIES WILL GENERALLY COVER ALL PORTIONS OF THE SYSTEM AND WILL THEREFORE MEET THIS REQUIREMENT . " Systems will comply with the FCC regulation by following this Maintenance Policy during their normal activities . I 2 . 3 . 4 Leakage Detectors : Each system is required to have a minimum of one leakage detector that will detect 20 microvolts per meter at 3 1 meters . 2 . 3 . 5 Leakage Log: Each person is to be equipped with a Leakage Log . Each person is responsible to record each leak detected, where , when and by whom. The person must transfer the information daily to the System Leakage Log which the System Engineer reviews . 2 . 3 . 6 Record onto System Map : Each leak is to also be displayed on the System Map ( see section 5 . 1 ) . Once the leak is cleared, it should be marked as cleared but retained on the yearly map to indicate areas with numerous leaks that might require special maintenance . 2 . 4 PLANT POWER SUPPLY MAINTENANCE: 2 . 4 . 1 Manufacturer ' s Specifications : Standby power supplies should be maintained in accordance with the manufacturer ' s recommendations . The System Engineer is responsible to insure that pass/fail criteria is established for standby power supplies . A counter and run time clock should be installed in each stand-by power supply. Conventional power supplies should be checked once per year for current draw, grounding, and general cleanup . 11 i t 1 2 . 4 . 2 Quarterly check : Standby power supplies ' will be checked once per quarter to ensure the following: 1 a) That security for the batteries and the on/off switch is still in place . b ) That the AC voltage and current in and out is according to specifications after operation in the stand-by mode for at least 30 minutes . ' c ) That the automatic transfer switching will work correctly . ' d) That the power supply will operate for at least 30 minutes in the standby mode . e ) That the condition of the batteries are such 1 that proper stand-by operation can be expected. f ) That risers , grounding , etc are installed in the correct manner . 1 g) All replacement batteries are to be of the solid dielectric type . 2 . 4 . 3 Power Supply Documentation : Each system is required to maintain for all power supplies , a written Bill of Materials that includes : a) The Manufacturer and Model of each Power Supply . b ) The street address of each Power Supply . c ) The name plate KVA rating ( if not metered) . d) An estimate of the percentage of actual load to rated load. 2 . 4 . 4 Electric Power Bills Audit : At least once per year , audit the system' s power bills to compare ( a) the amount of power consumption indicated on the invoices against the actual usage by the power supplies in the plant , and (b ) the total number of power supplies that are actually active in the field. 12 2 I I 2 . 5 BONDING, GROUNDING, AND SHIELDING: 111 2 . 5 . 1 All Actives : Every active device will be bonded and grounded. In addition , the first , last , I and every 10th pole in the System will be bonded and grounded. 2 . 5 . 2 Requirements : The System will comply I with bonding and grounding requirements of the applicable Telephone , Power , or any other regulatory body. I2 . 5 . 3 Grounding Poles : For upgrades , line extensions , or new builds , in areas susceptible to I lightning, ( as determined by the System Engineer ) , the pole before and the pole after an active device will be grounded. I2 . 5 . 4 Check Failures : Whenever multiple failures occur in an active device , check to ensure that the Bonding and Grounding is adequate . I2 . 5 . 5 RFI Connectors : RFI shielded connectors are to be used for all connectors in the System. I The System is to schedule the change-out of connectors through maintenance , upgrades and/or rebuilds for all connectors which are not RFI shielded. I 3 . Office 111 3 . 1 Office Picture Quality Checks : 3 . 1 . 1 . Requirements for Daily Picture Check : The I picture quality and sound levels are to be checked daily in the system office to ensure Quality pictures and constant audio levels on all channels . I3 . 1 . 2 . Responsibility for Picture Check : The System Engineer must designate a person to be responsible , such as a dispatcher , to conduct the II daily picture and audio check . That person is to advise the System Engineer when there are problems . The System Engineer is to ensure that problems are 1 quickly resolved and to bring those not cleared within 24 hours to the attention of the System Manager with information as to when the problem I will be cleared. 13 I 3 . 2 . System Engineer Plant Monitoring: Once a month , the System Engineer will personally get involved to obtain an independent check on the performance of the plant . This could take the form of : Randomly calling back a few service calls , meeting with Dispatchers , cold calling some subscribers to ask opinion of our service , Etc . 4 . Customer ' s Residence 4 . 1 Installation/Reconnect : 4 . 1 . 1 Procedures : All Installation activity is to ' be conducted in accordance with the Division ' s Drop Specifications . ( Copy Attached) . 4 . 2 Service Calls : The System Engineer will develope and implement the following into the System' s regular operating activities : 4 . 2 . 1 Requirements of a Work Order : The Service call work order must include a description of the customer ' s complaint and the services to which they subscribe . Any discrepancies in the service levels should be brought to the attention of the dispatcher or other designated person . 4 . 2 . 2 Signal Level Measurements : Signal levels must be taken and recorded on all service call work ' orders . At a minimum, the signal level measurements must be taken on the lowest and highest channel on the system, or those designated by the System Engineer . 4 . 2 . 3 . Measurement at Ground Block : If the Technician is unable to gain access to the customer ' s home , He/She will take the required signal readings either at the ground block or the tap . These readings will be recorded on the service call work order . ' 4 . 2 . 4 . Visual and Audio Check : Anytime Service a Technician is in a customer ' s home , the audio and video on ALL channels will be checked. • 4 . 2 . 5 . Repeat Service Calls : All instances of service calls required twice or more at the same location during a _ day period will be reviewed by the System Engineer or his designate . Corrective ' action will be taken to prevent similar problems . 14 ANNIMMINIMMEMINEMMI I 5 . System Documentation ' 5 . 1 . Required Documentation : 5 . 1 . 1 . System Maps : Each system will have at a minimum of one complete , up-to-date set of Denver Design Prints including BOM/LA sheets . These prints should also denote system sweep and signal leakage activities as well as test point locations . 5 . 1 . 2 . Head End Diagrams : Each Headend/Hub should have a block diagram and wiring diagram to aid in trouble-shooting and training. 5 . 1 . 3 . Power Supply Documentation : Power supply documentation as per section 2 . 4 . 3 of this document . 5 . 1 . 4 . LOGS : Full compliance with this policy requires the logging of various activities , including Headend/Hub checks , Ad insertion Maintenance , Test point checks , System leakage log, Etc . 5 . 2 . Responsibility Check List Form: 5 . 2 . 1 . Responsibility Check List Form: The System Engineer is to ensure that the Responsibility Check List Form ( attached to this Policy ) is complete , kept current , and reviewed with the system personnel . I I ' 15 I I I I I I I I I I I I I 1 I I I I I I 1 1 1 1 1 1 1 1 ' APPENDIX H ' Public Access Services and Facilities II Y1STA ABLEVISION 3225 Maurine Street Wichita Falls, Texas 76305 817 855.5700 Fax 817 855.0465 I , I , / ' I IPUBLIC ACCESS- VISTA CABLEVISIOH IEquipment available for Public Access: I * This equipment is shared with Local Origination and Ad sales I ( 3) Sony DXC-3000 Chip Cameras (1) Mackie 1604- 16 channel audio board I (1) JVC KM-2000 Switcher (1) Video Toaster 9000 I (2) Sony 9800 3/4 videotape decks 1 (1) Sony 9850 3/4 videotape editor Plus associated microphones,props and lights,etc. as I part of the studio. IPlayback Hours: Sunday: 5:00pm - 7:00pm IMonday-Thursday: 7:00pm - 9:00pm I I Staff for Public Access; I (1) Full-time Production Coordinator Monday - Friday 8am-5pm: This person is shared with Local Origination and Advertising Sales I (1) Part-time Playback Operator: . Sunday - Thursday (15-20 hrs/week) I I A OIY1110/ Or //entire UAAU[A CASlf 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 i i ' APPENDIX I ' Institutional Network Locations ID 4/28/95 is Appendix I I # Public Buildings - Square Type Address 1 Municipal Court City 611 Bluff I2 Memorial Auditorium City 1300 7th Street 3 Activities Center City 607 10th I4 Fire Dept. Admin. City 1005 Bluff 5 Health Dept. City 1700 3rd I6 Police Dept. I City 610 Holliday 7 Sanitation Div. City 200 Sunset I 8 Streets Div. I City 200 Van Buren 9 Traffic& Transportation City 2100 Seymour Hwy. 10 Multi-Purpose Event Center I City Burnett I # Schools - Triangles Type I Address 1 Admin. Building Admin. 11104 Broad St. 2 Hirschi High High 13106 Borton St. 3 Rider High High 14611 Cypress Ave. 4 Wichita Falls High High 12149 Ave. H II I 5 Barwise Jr. High Jr. High 13807 Kemp St. I 6 Kirby Jr. High Jr. High 11715 N. Loop 11 7 McKiel Jr. High Jr. High 14712 Barnett Rd. 8 Zundy Jr. High Jr. High 11706 Polk St. I9 MSU College 13400 Taft Blvd. I I 1 I I 1 1 i 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 I I I I 1 I I APPENDIX J I Institutional Network Design Specifications I I I I I I I I Wichita Falls, TX - INETs ' Proiect Overview ' Wichita Falls Cablevision will provide two separate fiber optic networks for the city of Wichita Falls: one fiber backbone system serving ten(10) municipal buildings and another fiber backbone system serving nine (9) school buildings. (See Appendix I) ' These Municipal Area Networks (MAN) will provide direction for the future and establish standards that will enable easy growth of the networks into the future. The municipal network ' will offer high speed MAN access that will support LAN, video, and voice traffic at a minimum MAN speed of 100 megabits per second. The system will be primarily managed from a central location(the office building of Wichita Falls Vista Cablevision) and will offer the following deliverables: • transparent to user applications • provide a secure environment to restrict access to unauthorized areas except by ' • certain users provide a robust network and solid recovery plans • use proven technology from reputable vendors • provide systems that can grow as the technology and the services change Transport System Multichannel transmission will be accomplished using wide deviation frequency modulation and frequency division multiplexing (FM/FDM)techniques. A star configuration will be built using the Wichita Falls headend as the central distribution point for all services to and from all interconnections. The star configuration can provide wide distribution of signals to multiple locations, can use uni- or bi-directional transmission, can add additional buildings easily, and provides the highest signal quality. Protocol Transmission Control Protocol/Internet Protocol (TCP/IP) will be the primaryprotocol used by Wichita Falls Vista Cablevision. TCP/IP is the protocol used on the Internet. It is also used by ' most UNIX systems such as DEC Ultrix/OSFI, Hewlett Packard HP/US and IBM AIX. It is also showing up as options for Novell, Apple, and Microsoft NT based systems. TCP/IP is the protocol of choice for routed networks due to its efficiency and wide acceptance. It also provides a common fabric to interconnect many types of systems on a network. Network Management The two fiber networks will be managed at the Wichita Falls Vista Cablevision headend using the Simple Network Management Protocol (SNMP) for the management structure. SNMP provides I 4/28/95 a common language in which to communicate with network devices and ascertain their status. It also provides the ability to collect data on equipment utilization, failures, and long term statistics. ' Hardware Wichita Falls Vista Cablevision will only use systems that are based on accepted standards and that are from vendors with a proven track record of reliability, performance, and stability in the market place. This will insure that we will have a network that will be supported into the future with upgrades and support. ' Training Wichita Falls Vista Cablevision personnel will provide training to the city personnel on the 111 network on key pieces of the network to insure the network will perform at its peak at all times. Fiber Network* Dedicated signal node fibers will be run from the Wichita Falls Vista Cablevision headend building to each of the 19 city and school buildings. Each of these fibers have the potential bandwidth of ' 1.5 GHz. The system bandwidth is dependent on the hardware used at the building interface to the internal networks. 111 • I I I 1 1 I I CONSTRUCTION MANUAL A Copy will be Maintained in the City Clerk's Office COCItrfa EdeCUYC Date Initials EXHIBIT A CiltanUICEMLSEEcnacAnazis CONTENTS I . SECTION I Compliance Requirements 2 SECTION II Aerial Construction Specifications 3 - 9 ISECTION III Buried Construction Specifications 10 - 14 ISECTION IV Aerial and Buried Splicing Specifications 15 - 19 SECTION V Power Supply Specifications 20 - 21 SECTION VI System Alignment Specifications 22 SECTION VII Construction Materials Specifications 23 - 24 SECTION VIll Aerial Fiber Optic Construction Specifications 25 - 26 ECTION IX Buried Fiber Optic Construction Specifications 27 - 28 'SECTION X Fusion Splicing Specifications 29 iSECTION XI Multiple Dwelling Units - Specifications and Sketches 30 - 33 ECTION XII Construction Sketches 34 - 51 Exhibit A Page 1 of 51 cont-caca Comma Effective Date Initials Initials SECTION I Camallanceilcuartinsau IA. The plant constructed for shall hereinafter set forth. In addition, the following supplementaltrefereenced eet the specifications and ha be observed: specifications shall be ( I ) Occupational Safety and Health Code (latest edition) ' ( 2 ) Applicable power and telephone pole attachment agreements ( 3 ) Applicable city, county and state ordinances (4 ) National Electric Safety Code (latest edition) I ( S ) National Electric Code (latest edition) ( 6 ) Applicable government agencies for safety and health for the work force. ( 7 ) Manufacturers specifications ' ( 8 ) Exhibit 0, Scope of Work ' B. Municipal, county, state or federal regulations may alter construction specifications in some areas. If construction specifications are altered from these standards, an additional illustrate changes. attachment will C. All changes/revisions of the construction specifications made by the contractor in writing and approved by the Owner's VP of Engineering. must be requested ID. The owner reserves the right to change/revise the construction conditions. In such case, the contractor shall be notified in writings ��ons to adapt to local f 1 kont-exa Exhibit A Page 2 of 51 ' Contract Effective Date laituls toitials SECTION LI A .on I� ' erial atrLlin o Speerncafinw I. Anchoring and Guying A. General Procedures ' ( 1 ) Anchors and guy wires shall be installed and tensioned prior to sagging ( 2 ) All guy wires shall be properly tensioned. The tensioningof CATV strand. exceed that of any existing guys. guy wires is not to ' ( 3 ) Care should be exercised in anchoring to prevent the raking of poles which could cause damage to the poles or to peripheral equipment. (4 ) All installations of anchors shall be coordinated with the Department of Public Works and I all utility companies to insure that no damage will be incurred to buried services. ( 5 ) All guy wires shall maintain proper clearances to ensure safe passage of vehicles and persons. ' ( 6 ) The splicing of down guys is not permitted. ( 7 ) All down guys shall be bonded to the strand. ( 8 ) False dead-end strand attachments with down guys shall be used where great differences ' on pulling tensions are required to maintain proper clearances and to prevent raking of non-guyed poles. ( 9 ) If anchor rods are distorted or damaged during the anchoring procedure, they must be ' replaced. B. Installation Procedures ( 1 ) Consult the aerial construction sketches in Section 10 for references. ' ( 2 ) One-quarter inch (1/4") or five-sixteenth inch (5/16") extra high strength strand shall be used at all anchoring locations, to match support system messenger. ( 3 ) Strand shall be continuous to the anchor where possible. Where continuous strand is not required to the anchor rod, a continuity bond shall be used to tie the guy wire to the support strand. ( 4 ) All anchors shall be placed in the ground making certain that at all times the anchor rod is in line with the proposed guy attachment. No bends will be allowed in the anchor. ( 5 ) The eye of the anchor rod shall not extend more than twelve inches (12") above ground level. ( 6 ) Guy tails at anchor level shall be trimmed close to the preform guy grip and shall not extend more than two inches (2") beyond the grip loop. ( 7 ) Guy guards shall be installed on all down guy wires. ( 8 ) Span guys (pole to pole) shall be used in locations where it is not feasible to install an anchor or a false dead-end. ( 9 ) Sidewalk guys shall be used in all locations where a clearance of eight feet (8) is not available over sidewalks or lateral room is not available using normal guy wire installation techniques. Lat-exa Exhibit A Page 3 of 51 Contract Effective Date Initial ' Initials{ 1 (10) Temporary guys shall be installed at the end of any strand run that is proposed for extension by the owner before sagging in strand, with permission of the(11) Auxiliary eye attachments to existing utility anchors will not be allowed.utility companies. (12) Pole to pole guys shall terminate at an anchor unless otherwise authorized in writing by the Construction Manager. (13) Side guys are required on all poles where the tangential pull is greater than ten degrees (10°). III. Installation of Strand IA. General Procedures ( 1 ) All precautions shall be taken while pulling strand in order to: ' a) Prevent damage to other utility equipment and wires. b) Prevent damage to public and private properties. c) Prevent strand from contacting utility lines. d) Maintain clearances across roads and driveways. ( 2 ) Strand shall not be pulled with a vehicle unless an appropriate tension release device is employed and approved by the Owner. I B. Set Up Procedures ( 1 ) Strand brakes (pole mount) shall be used at all road crossings and commercial drives. ( 2 ) The "B" roller or traveling ground is the approved method of grounding and shall be used at all times when pulling strand. ( 3 ) Proper set up distance shall be maintained (twice the height of attachment). ( 4 ) Brakes shall be used on all trailers to maintain appropriate pulling tension. I ( S ) Adequate safety cones and signs shall be used at all work locations consistent with local and state guidelines and good recommended safety practices. C. Pole Attachment ( 1 ) Consult the aerial construction sketches in Section 10 for installation references. ( 2 ) All pole piercing holes will be eleven-sixteenth inches (11/16") with no less than four inches (4") vertically between holes in any direction. ( 3 ) Unless local regulations require differently, in the case where there is power only, the strand shall be attached to the same side of the pole to which the power neutral is attached and shall be at a minimum of 40" below the neutral. Where there is telephone cable, the strand shall be attached to the same side as the telephone cable and shall be a minimum of 12" above that cable and a minimum 40" below power. ( 4 ) At no time shall there be more than one and one-half inches (1-1/2") or less than two (2) full threads of bolt extending beyond the outside of the square nut after the suspension clamp has been securely fastened. Exhibit A Page 4 of 51 I:knot-en 1 1 Contract Efeuive Date howls Iaftula ( 5 ) The lip of the suspension damp shall always be below the through bolt. Clamps should mounted as per the manufacturerspecifications, Depending �P be be either facing the pole or facing away om the pole. on the type used, the lip will ( 6 ) Curved suspension clamps shall be used where the tangential pull is from ten to degrees (10° - 35°), and attached on the front side of pole. Y five ' ( 7 ) Where tangential pull is greater than thirty-five degrees(35°), the pole shall be framed as a double dead-end pole. Downguys will be placed at all locations that the pole owner has downguys. ( 8 ) Curved suspension clamps shall always be placed on the threaded end of through bolts. Dead-end attachments may be attached to opposite end of through bolts. ( 9 ) Tangential pulls at strand cross ovens shall not be done . (10) False dead-end strand attachments shall be used in all locations accompanied with guying where great differences in pulling tensions are required to maintain proper clearances and prevent raking of non-guyed poles or placement of a dead-end anchor is not possible on ' the final pole. (11) All strand splices shall be of the two or three piece preformed variety and shall be placed no more than eighteen inches (18") from the edge of the three-bolt suspension clamp. (12) All suspension clamps on either side of all road crossings must be tightened before strand crews leave the run. ' (13) Where slight differences of pulling tension are required between pole spans, suspension clamps shall be tightened after strand is sagged in. (14) Initial strand placement must always be slightly tighter than the final plant to allow for the installed cable weight to stretch the final plant into proper sag. Final sagging shall be accomplished when the cable is lashed. III. Bonding and Grounding A. General Procedures ( 1 ) The CATV plant shall be grounded in a manner as required by local ordinances, and in accordance with bonding and grounding architecture established by Owner. ( 2 ) The strand and equipment shall be bonded to all existing vertical grounds when possible (power, phone, CATV). ( 3 ) The strand shall be bonded to the telephone company in a manner as specified by the telephone company. ( 4 ) At sites of existing buried facilities, the contractor shall request proper locates prior to driving the ground rods. ( 5 ) All active devices which consist of fiber nodes and trunk and distribution amplifiers will conform to the Owner's grounding and bonding architecture. B. Installation Procedures ( 1 ) Each power supply housing shall be bonded as specified in the Owner's grounding and bonding architecture.. Exhibit A Page 5 of 51 c:\coot-exa I Contract Elective Date initula ( 2 ) Each active housing location shall be bonded as specified in the Owner's grounding and bonding architecture. ( 3 ) The strand shall be bonded to a vertical ground (existing or installed) at the first, last an every fifth pole, plus or minus one pole. d ' ( 4 ) All strand and guy wires attached to the same pole shall be bonded together with KU-L weaver clamps. Tails from bonding wires must point toward the pole. ( 5 ) In the absence of the power company vertical ground, grounding shall be accomplished by: a) Driving a 5/8" x 8' ground rod to a depth of four inches (4") below ground specified in Section III, B, 6. 8x d level as ' b) Attaching a soft #6 AWG drawn copper wire from the ground rod clamp to the strand with the KU-L weaver clamp. c) Installing protective molding over the bottom eight feet (8) of the ground wire in all I locations where accessible to the public. The t un roected pole surface everyun(24")protected ground wire must be attached to the twenty-four inches with copper staples. d) The ground rod clamp shall be treated with Penetrox "E", an oxide inhibiting compound, before being buried. ( 6 ) Materials used for bonding and grounding: a) Number 6 AWG solid soft drawn wire. ' b) Copper or copper clad staples. c) Plastic molding. d) Ground rods 5/8" x 8'copper clad steel. e) Bronze ground rod clamps, using a non-galvanic locking bolt. f) All bonding clamps shall be of non-galvanic material or have bimetal spacers to prevent corrosion when bonding two dissimilar metals. IV. Installation of Coaxial Cable IA. General Procedures ( 1 ) When transporting reels from the warehouse to the construction site, cable ends will be securely fastened and be capped using plastic caps provided by Owner. These caps are used to avoid water ingress and migration. ( 2 ) Coaxial cables shall be smoothly installed avoiding loose lashing wire and/or twisting, weaving or air looping of the cable. Cable that is not smoothly installed or cable that has any physical ripple, kink or flatness around the outside diameter of the cable, shall be cause for replacement. ( 3 ) Maximum pulling tensions as specified by the cable manufacturer shall not be exceeded when pulling coaxial cables. Use of breakaway swivel and pulling grip are required. B. Set Up Procedures ( 1 ) Safety cones and signs shall be used at all work locations as specified by applicable governmental agencies. Exhibit A Page 6 of 51 Icont-exa 1 ' Contract Effective pate Initial Initial ( 2 ) The cable trailer shall never be placed anythe nearer to pole than the height of the strand attachment to that pole. It is preferred that cable trailers be placed twice the strand height ' attachment from the base of the pole in order to prevent distortion of the cable. The angle of elevation of the cable as it comes off the reel should not be greater than 45 degrees. ( 3 ) When the payout trailer is set up, the center of the reel should be sighted so that the cable pulls from the center of the reel, directly into the setup block, and along the line-of-sight of the strand. If the payout red cannot be leveled, the contractor will ensure that an individual is stationed at the reel to enable the cable to unwind without making contact with the flanges of the reel. ( 4 ) The contractor shall use a 45 degree multi-cable roller or an equivalent at the first pole of the proposed run to insure minimum stress and maximum protection to the cable as it ' comes off the reel. For single feeder, a cable chute or roller may be used if trailer set upis at least 1-1/2 times the attachment height away from the pole. ' ( 5 ) Cable brakes shall be used on all trailers to maintain appropriate tension during the pull. ( 6 ) Prior to pulling the cable, the contractor shall ensure that the flanges of the reel are smooth and free of nails and staples. C. Installation Procedures ' ( 1 ) Consult the aerial construction sketches in Section 10 for installation references. ( 2 ) All cables must be pulled from the top of the reel. ( 3 ) Coaxial cables shall not be pulled with a vehicle unless accompanied by an automatic ' tension release to prevent damage to the cable. figs will be used on all new build. ( 4 ) No drive off of coaxial cable is permitted. ( 5 ) Trunk cable shall be pulled continuously without a splice between amplifiers except at every second 90 degree turn of the pull where one splice will be allowed. In any case, one (1) trunk splice is the maximum allowed between amplifiers. More than one splice in a trunk spacing should be approved by Owner's representative. ' ( 6 ) Cable rollers shall be used in the following manner and locations to protect cable and property: a) One roller will be placed 3 to 5 feet each side of every pole. Two rollers will be placed mid-span 10 to 15 feet apart for spans greater than 80 feet. When distance from the pole roller to the first mid-span roller exceeds 80 to 100 feet, multiple mid-span roller setups will be used. Each mid-span set up will consist of two rollers spaced 10 to 15 feet apart. Distances from one mid-span set up to another will not exceed 80 to 100 feet. b) Not more than 25 foot spacing between rollers over all roadways and commercial drive to ensure clearances. c) Over all telephone drops to prevent chafing of drop. d) Over all driveways and in areas where persons could be hurt. e) Cable will not be left in rollers over night. ( 7 ) Corner cable rollers, especially designed for this purpose, shall be used for pulling coaxial cables around corners greater than 30 degrees. Exhibit A Page 7 of 51 c:lcont cxa I Contract Edxtree Date ltutiala hutiala ( 8 ) When pulling multiple cables, appropriate cable rollers shall be utilized to properly support and separate the cables so that when lashed, the cables will maintain their same position in ' the cable bundle throughout the entire length of the cable run. Ensure that the cables which will have expansion loops are positioned at the bottom of the bundle. ( 9 ) All trunk cables, .750" or greater, and any cable bundle three fourths inch(3/4") or greater ' shall be double lashed. When lashing coaxial cable to the grand, there shall not be less than one wrap in fourteen inches(14"). (10) A divider block shall be used in front of the hasher when more than one cable is being ' lashed, and a cable block pusher (referred to as a "shotgun") shall be used in front of the tastier when lashing coaxial cable over bare strand. (11) The lashing machine shall not be pulled with a vehicle at any time unless an automatic ' tension release is employed. Angle from lasher to ground will be kept constant by a person guiding the pull rope. (12) The lashing wire shall be wrapped twice around the strand before terminating in the ' lashing wire clamp. The lashing wire clamp must be securely fastened to the strand to ensure that the clamp does not slide or twist. (13) Lashing wire clamp should be installed with washers facing you on your right and away from you on your left. The lashing wire shall go between the two washers and be wrapped no more than one-half turn, then 3 times around the nut side. When double lashing, the two wires should be separated by the interior washer. The nut on the washer ' side should be tightened to secure the wire. (14) When the lashing wire is securely fastened, the end of the lashing wire shall not be ' exposed. It shall be tucked inside of the cable lashing clamp. No end of wire shall protrude from the clamp. (15) Cable support straps and plastic cable spacers shall be placed two inches (2") from the lashing wire clamp on the pole side of the clamp. Kinsel type spacers shall be used on • multiple cable bundles. (16) Coaxial cable tails shall be left at most amplifiers, DC or splitter locations, in the following ' manner: a) Six feet (6) beyond the pole. b) Output tails shall be properly pulled and bent toward the input side, where the equipment would be placed, without "boxing in" the pole. c) Tails are to be supported by a section of lashing wire, cable support strap, or nylon tie wrap, no less than six inches(6") from the end of the cable. ' d) Cable ends shall be sealed with proper cable caps, as provided by the Owner, to prevent moisture ingress prior to splicing. No tape will be used to seal cable ends. ' (17) Plastic tree guards shall be placed in all locations where coaxial cables will be in contact with a foreign body which will apply pressure, shock or rubbing action to damage coaxial cables over a period of time. (18) All cable spans shall be properly sagged, either visually or by measurement, while maintaining a minimum distance from local utility lines as required: a) The cable sag should be proportional to that of the power in most cases. Exhibit A Page 8 of 51 c:lcaattxa r I ' Contract Effective Dose Lithals !limals b) At locations where the telephone plant is absent or sagged too low, the recommended length) sag for the cable is 1% (of the span at 70 degrees F timid-span. ' (19) All suspension clamps shall be tightened upon completion of the cable installation. D. Expansion Loops ( 1 ) Consult the aerial construction sketches in Section 10 for installation references. ( 2 ) All corners greater than 45 degrees shall have a trunk loop on one adjacent pole on the ' output side. Loop should be located on opposite side of pole from device, when device is present. ( 3 ) One expansion loop shall be placed in all coaxial cables at the output side of every pole. ( 4 ) All expansion loops will be of the flat bottom type with the "flat" portion being no less than 15 cable diameters or 12" long whichever is greater. These loops shall be formed using the Jackson Communications bending tool or an equivalent. The bending radius ' shall be not less than the manufacturer's recommended minimum bending radius. ( 5 ) At cable loops, bands and spacers will be left loose enough to allow the cable to move with expansion or contraction, but snug enough to prevent the cable from rolling upward. ( 6 ) If the loop consists of more than one (1) cable, an extra strap shall be placed at its bottom to hold the cable together. Loops of .875" or larger cable shall not be formed together 1 with those of smaller diameter cables unless the larger cable can be positioned on top. In such cases, the strap shall be loosely installed. IE. Tree Trimming ( 1 ) The owner may authorize tree trimming where tree limbs (up to 2" in diameter) obstruct the cable lashing operation or will be in contact with the cable after installation. ( 2 ) Promptly and properly remove and dispose of the resultant refuse from the trimming of trees or other foliage. I ( 3 ) Tree trimming will be accomplished on private property only after the contractor obtains the consent of the owner. ( 4 ) The con tractor shall employ pro per tree trimming techniques to prevent sho ck or dis ease damage to the trees. I I 1 ExhibitA Page9of51 c:1cont-exa I ' Contract ESocnve Date lain !wale Section III Burled Plant Construction Specification; IA. General Procedures ' ( 1 ) All buried plant construction shall meet National Electrical Safety Code minimum depth requirements, as well as those specified by city, county and/or state codes and Owner. ( 2 ) All buried plant construction shall be in accordance with local permit requirements and stay within easements. ( 3 ) The Owner will acquire all street opening and easement permits prior to the commencement of work in these areas. ( 4 ) Any cable or conduit not meeting the minimum depth specifications must be approved in writing by the Owner prior to backfilling of trench. ( 5 ) All open trench and bore pits will be viewed by Owner for depth prior to back filling operation. B. pioniog 1 Prior to commencement ) of construction in any buried plant area the following shall be ' done: a) Pre-survey the site and plan out the route. The cable route should be selected for the best trenching conditions, minimum obstructions, and straightest line possible. ' b) Where there are existing buried facilities, including sprinkler systems, within the area to be trenched, the Contractor shall request locates of such facilities by the respective persons, companies, or utilities. c) Consult all parties involved to resolve any errors or inconsistencies between the design, actual layout, and existing facility locates. d) When opening a trench or boring pit, arrange the work schedule such that no open ' trenches are left overnight. If for some reason a trench has to be left open, make sure that it is well barricaded and marked and notify Owner's representative. All bore pits are to be covered and barricaded. C. Construction Technique ( 1 ) Sod and Plant Removal a) All sod along the buried cable route shall be properly removed by sod cutting ' machines or shovels and rolled up to protect it against moisture loss. It is to be stored out of the way, preferably in a cool area, until restoration. Occasional wetting may be required. b) Extreme care shall be used in removing plants or fixtures along the buried cable route to prevent them from being damaged. Exhibit A Page 10 of 51 IcAcont-exa I Contract Edauve Date !aloe Iaiut1a t ( 2 ) Direct Bury a) Either trenching or plowing is an acceptable method to "direct bury" feeder, ' depending on local conditions. Plowing of trunk cable is unacceptable. b) All coaxial cable shall be direct buried at a minimum depth of twenty inches (20"), measuring from the top of the cable or conduit to the surface level, unless otherwise t required by local codes or permits or specified by the Owner. All trunk cable shall be open trenched at a minimum depth of twenty-four inches(24"). c) Trench width shall be the absolute minimum necessary to accommodate recompaction. d) Buried cable used at all direct buried or conduit locations shall be jacketed with ' flooding compound. e) Cable shall be routed beneath fixed obstacles located at or above the required depth in the trench or plow line. ' f) No cable splices of direct buried cable, between enclosures, will be permitted. ( 3 ) Conduit ' a) Unless otherwise specified by the Owner, cables shall be buried in conduit at the following locations: - Road Crossings ' - Driveway Crossings - Joint trenches - Fiber runs ' b) All conduits shall be buried at a minimum depth of twenty-four inches (24") and twenty-four inches (24") for road bores, measuring from the top of the conduit to the surface level, unless otherwise required by local codes or permits or specified by the ' Owner. c) Six inches (6") of loose soil will be placed around the conduit to filter through the ' joints. d) Warning tape must be placed twelve inches(12") above conduit. e) Conduit shall be galvanized steel pipe, rigid PVC conduit, or rolled flexible cable conduit, as specified by Owner. f) Vertical conduit ends shall extend four inches (4") above ground level. Ends shall be smoothed out and capped until cable is to be installed. After the cable is pulled, all conduit ends (both vertical and horizontal) shall be sealed with materials approved by Owner and a pull string will be installed to all conduits. g) Conduits shall extend two feet (2') out from each edge of pavement unless otherwise specified. h) If conduits must cross, a pad (of dirt) shall be installed between them to prevent breakage. i) No coaxial cable splices are allowed in buried conduit. j) All coaxial cable installed in conduits shall be jacketed and flooded. 1 Exhibit A Page 11 of 51 I c:\cont-cxa I Contract Effective Date Initials Initials ( 4 ) Zhu a) Ail road bores are to be installed at a minimum depth of twenty-four inches (24") and meet or exceed National Electrical Safety Code, city, county or state offices minimum depth requirements, b) Bore pits should be a minimum of six feet (6) from pavement whenever possible. c) Water or air jetting is not an acceptable method of boring. Surface Cuts I ( S ) a) All concrete and asphalt cuts and patches shall be Electrical Safety Code minimum depth requirements nas well ase in d thoseanceRspeciith ionfied b al y y ' Owner, the city, county or state offices. i b) Concrete, asphalt and other non-salvageable materials shall be removed from the job site. ID. Installation of Coaxial Cable ( 1 ) General Procedures a) Coaxial cable structural return loss after installation shall not degrade by more than 3 t dB from 5 MHz to 1 GHz. b) When transporting reels from the warehouse to the construction uction site, cable ends will be securely fastened and capped to avoid damage and water migration. ' ( 2 ) setup a) Safety cones and signs shall be used at all work locations as specified by applicable governmental agencies. b) Cables shall be set up on trailers or jack- stands directly in line with the trench. No coiling or uncoiling of cable off the reel is permitted. ' c) Prior to pulling the cable, the contractor shall ensure that the flanges of the reel are smooth and free of nails and staples. ( 3 ) Installation of Coaxial Cable a) Maximum pulling tensions as specified by the cable manufacturer shall not be exceeded when laying coaxial cables in trenches. b) Coaxial cables shall not be pulled in conduits or trench with a vehicle or machine without an automatic tension release. Dragging or pulling of cable into the soil is not allowed. c) To prevent damage, the cable must not be in contact with any sharp object or edge during installation. d) Laying of trunk cable shall be continuous, without splices, between amplifiers except at every second 90 degree turn of the spacing where one splice will be allowed. In any case, one (1) trunk splice is the maximum allowed between amplifiers unless otherwise approved by the Owner in writing. Splices shall be placed above ground, inside an enclosure. c:lcont-cxa Exhibit A Page 12 of 51 Contract Effective Date Initials Initials e) Cable must be handled with care and placed in the trench without damaging the jacket or kinking the aluminum sheath. The bottom of the trench line shall be smooth and free of rock, hard debris and sharp objects. I) Installation of cable in conduit shall be accomplished as follows: ( 1 ) The cable shall be installed in the conduit alter the conduit is laid and covered, by either inserting it or pulling it through the conduit with a pull tape or string. Apply a liberal amount of lubricant on the cable as it enters the conduit. Owner provides the lubricant. ( 2 ) If the cable is to be installed in the conduit while the trench is still opened: - Pull or insert the cable through the conduit prior to placing of the ninety (90°) degree sweeps on the conduit ends at the pedestal locations. - Cut the cable at the top of the pedestals on each end of run to leave adequate tails. - The ninety (90°) degree sweeps shall then be installed over the cable ends and glued to the conduit. g) At no time shall cable be left exposed above ground while the job site is unattended. Cable tails are to be protected by permanent or temporary enclosures as soon as they are installed. h) All cable ends, including reel ends, shall be protected from moisture with cable caps at all times. Caps are provided by Owner. E. Bacicfill andRecorrpaction ( 1 ) Backfill and recompaction of trench line shall occur immediately upon completion of cable or conduit installation for a given run. ( 2 ) Backfilling shall be done in lifts of approximately twelve inches (12"). Each lift shall be thoroughly compacted before the next lift is laid. ( 3 ) Burial tape is to be placed twelve inches (12") above cable or conduit in all open trenches. ( 4 ) Six inches (6") of clean fill shall be laid in and the entire lift compacted. Great care shall be taken to ensure that cable is not damaged during this process. F. Restoration ( 1 ) All sod, plants and fixtures disturbed by buried plant construction shall be restored to its original conditions and to a satisfactory condition for the Owner, landowner or any other party responsible for the condition of the property. ( 2 ) Items damaged or destroyed shall be repaired and made functional or replaced completely. G. Setting Enclosures ( 1 ) All enclosures will be located after notification of the appropriate property owner(s). ( 2 ) The proper size of enclosures shall be used according to the device(s) that will be enclosed. ( 3 ) All enclosures shall be placed within the right-of-way or easement, and, if possible, clustered with existing facilities of phone and power without obstructing their accessibility. ( 4 ) All enclosures shall be installed facing the street if possible. Exhibit A Page 13 of 51 c:lcont-exa ' Contract Effective Date Initial Initials ' ( 5 ) All enclosures shall be installed in a vertical position, supported by a stake provid ed by manufacture. The enclosure shall be installed to grade pa manufacturer's specifications. ' H. Bondingand Ground' � ' ( 1 ) All active equipment and power supply locations shall be grounded as well as every termination. - ( 2 ) Unless otherwise specified by the Owner, buried plant grounding shall be accomplished by: a) Driving an eight foot (8') ground rod to a depth of four inches (4") above ground t level inside the enclosure. Care should be taken not to damage the existing utilities' buried cables. b) Attach a soft drawn copper wire from the ground rod clamp to the clean unpainted I surface of the device or grounding lug; not the enclosure. c) The ground rod clamp shall be treated with Penetrox "E", an oxide inhibiting compound. Penetrox "E" provided by Owner. ( 3 ) A bond shall be installed between the CATV pedestal and that of other utility companies, as required and specified by the Owner. I I. ( 1 ) The same type of cable used for buried plant construction shall be used for risers. The cable shall be run continuous from the buried plant to the bottom of the riser pole and up to the level of aerial attachment. A minimum of six feet of cable "tail" shall be left for splicing into aerial plant. Tail should be attached to the strand or aerial cable in such a way that it cannot become entangled with power primary or secondary. ( 2 ) The cable shall be attached to the pole in a manner which does not obstruct its climbing ' space. ( 3 ) Steel "U" guard molding shall be installed from six inches (6") below base of pole. PVC conduit to within eighteen inches (18") of CATV strand. I 111 I I I I Exhibit A Page 14 of 51 c:lcant-exa I EQecavc Date lal uaii Initial, SECTION IV Aerial and Buried Plant Splicing Specifrcatigp I. Aerial, plicing A. General Procedures ( 1 ) The appropriate cable preparation device and coring tool for each type and/or size coaxial cable, approved by the Owner, shall be used in all splicing. ( 2 ) Splice blocks must be used when splicing dissimilar cables. ( 3 ) All active and passive equipment will be situated in a manner that is safely accessible for service by personnel. ( 4 ) The splicer shall ensure that the pole vicinity is free of trash, resulting from the splicing process before leaving the pole. B. Splicing Procedures ( 1 ) All splicing shall be in accordance with the splicing sketches in Section 10. ( 2 ) Other than a few exceptions such as at riser poles and slack spans, all devices are to be mounted on the input side of the pole using forward signal direction as reference. ( 3 ) One (1) trunk splice between amplifiers is the maximum allowed unless otherwise approved by the owner in writing. ( 4 ) No splice will be allowed in new plant construction, where it is not accessible from the pole by a man on climbers. ( 5 ) No active device will be mounted on a slack span unless approved by the owner. ( 6 ) Splicers shall use an ohm meter during the splicing process of new plant to ensure that the cable run is continuous without "short" or "open" circuits. ( 7 ) All trunk devices, actives and passives shall have expansion loops at the output side Iof the pole. ( 8 ) All feeder devices (actives, passives and splices) shall have expansion loop(s) at their output(s). I ( 9 ) There shall be an expansion loop on the aerial cable at all riser poles. (10) All expansion loops will be of the flat bottom type with the "flat" portion being no less than 15 cable diameters or 12" long whichever is greater. These loops shall be formed using the Jackson Communications bending tool or an equivalent. The bending radius shall not be less than manufacturer's recommended minimum bending radius. (11) The splicer shall observe the following steps in forming the expansion loop: a) All cable tails shall be arranged in a manner which would not "box" the pole in. Final check is splicers' responsibility. b) Maintain the lashing wire tension while unwrapping it to move the lashing wire clamp. Poor handling of the lashing wire by the splicer will cause looseness, twisting, and separations between cable and strand. This is not acceptable (no lashing wire grips permitted). Exhibit A Page 15 of 51 c:lcont-exa I ' Contract Effective Date lanais Initial c After the lashingwire clampis securelyr anstalled, the lashing wire shall be wrapped twice around the strand, following its bonding direction, before terminating in the clamp. d) When securing lashing wire to the cable lashing wire clamp, care should be taken in securing lashing wire so that the clamp does not cut the wire, thereby releasing ' it. The lashing wire shall go between the two washers and be wrapped no more than one-half turn then 3 times around the nut side. When double lashing, the two wires should be separated by the interior washer. The nut on the washer side should be tightened to secure the wire. e) When the lashing wire is securely fastened, the end of the lashing wire shall not be ' exposed. It shall be tucked inside the cable lashing clamp. No end of wire shall protrude from the clamp. f) The splicer shall use a forming tool to form all expansion loops. g) At cable loops, the band and spacer closest to the pole or device must be tight. The band and spacer at the other end of the loop will be left loose enough to allow the cable to move with expansion or contraction. h) If the loop consists of more than one (1) cable, an extra strap shall be placed at its bottom to hold the cable together. Loops of .875" or larger cable shall not be formed together with those of smaller diameter cables unless the larger cable can ' be positioned on top. In such cases, the strap shall be loosely installed. (12) The center conductor shall be clean of any remnants of dielectric or foreign materials prior to installing cables in connectors. Do not use a knife to remove any remaining residue and do not remove the copper cladding. Use Owner approved center conductor cleaner (Lemco model #Y 190). (13) Housing to housing adapters and right angle fittings shall be used in all locations where necessary. No reverse loops will be allowed. Extension right angle, 180 degrees, or housing to housing adapters shall be used only where necessary for proper clearance. (14) All devices shall be strand mounted or supported by a special standoff bracket when the housing mount cannot be used, or when interconnected to another device by a housing to housing connector. Support brackets shall not extend below the equipment being supported. (15) The center conductor seizing screw port caps of all passive devices, shall be accessible for testing purposes. ■ (16) In the event a cable terminator is installed at the end of a feeder or trunk where no tap exists, a cable spacer and strap shall be installed within two inches (2') of the terminator to avoid the possibility of kinked cable. The end of the terminator shall be tilted up slightly. (17) Any passive device at the end of a line will be terminated with a five-eighth inch (5/8") entry terminator if the device is not already internally terminated. (18) The splicer shall reform any expansion loop he/she has distorted in the process of installing a passive or active device, to the specifications required using an approved forming tool. Exhibit A Page 16 of 51 d c:kont-cxa ' (19) The splicer shall not reform any expansion loops that are distorted while resplicing an upgrade plant. (20) All torques and tightening sequences as specified by manufacturers shall be used in ' tightening down all amplifier lids, passive device covers and coaxial cable connectors. Manufactures specifications to be provided by Owner. (21) All connectors will be tightened with a wrench and not with channel locks. IU. Buried Plant Sn i 'ng A. General Procedures ( 1 ) Same as aerial splicing procedures 1 and 2. ' ( 2 ) All active and passive equipment will be situated inside the pedestals in a manner that is accessible for service and hook up. ( 3 ) The splicer shall ensure that the pedestal is free of trash resulting from the splicing ' process and properly closed after the splicing is completed. B. Splicing Procedures ( 1 ) Same as aerial splicing procedures 1, 3, 6, 9, 12, 13, 15, 17, 20 and 21. ( 2 ) The splicer shall use an approved solvent to fully remove the flooding compound on the cable before connector installation. Solvent provided by Contractor. ( 3 ) All passive and active devices shall be securely mounted to the pedestal, using appropriate brackets. Taps should be mounted at a height in accordance with manufactures specifications. ( 4 ) The splicer shall complete the bonding and grounding as specified in Section III, H. I ( S ) All housing to housing and 90 connectors shall be weatherproofed with Owner approved materials. ( 6 ) Entry connectors to amplifiers, multi-taps and all other devices in both the trunk and ' feeder system shall be protected against moisture by heat shrink. ( 7 ) Heat shrink shall extend over any housing lip designed to facilitate moisture proofing of a connector and at least three inches (3") and not more than four inches (4") past the proper sealing. Care shall be taken not to overheat the heat shrink thereby causing damage to cable dielectric and fitting o-rings. d III. Upgrade Splicing- Aerial A. General Procedures ( 1 ) Same as Aerial Splicing, General Procedures 1, 2, 3 and 4. ( 2 ) It is desired that all equipment replacement be completed with the least disturbance possible to existing cables and drops. ( 3 ) Old taps will be cut out of existing plant at the back nut of existing connector, or you may remove existing connectors and rework the cable. Exhibit A Page 17 of 51 c:lcont-exa 4 ' Contract Effective Date taitials initials ' ( 4 ) Contractor is required to use a gauge to measure the center conductor to insure the correct type of connector is installed on the coaxial cables. ' ( 5 ) Extension connectors will be used as needed to limit splices in cables. ( 6 ) Pin connectors will be utilized in all cases. ( 7 ) All active drops will get a new connector. ' B. Splicing Procedures - ' ( 1 ) Same as Aerial Splicing Procedures 1, 3, 12, 13, 14, 15, 16, 17, 19, 20 and 21. ( 2 ) Wherever possible, it is our intent to reuse the existing expansion loops. Due to a lack of excess cable at most locations, this procedure may require removal of the ' existing fitting as opposed to cutting off the fitting and re-preparing for connectors the cables or the use of extension connectors. ( 3 ) Expansion loops should be placed in feeder "jumper" cables connecting splices and devices across a pole, no jumper cable will be shorter than 48". ( 4 ) All existing loops are to be inspected for damaged cable. _If no damage is discovered, use existing loops. _ If cable is damaged, cut this loop out and splice in a piece of cable. ( 5 ) Always re-inspect cables after work is completed to ensure no kinks, etc. have been introduced during splicing procedure. ( 6 ) All equipment locations will be dictated by design prints. ( 7 ) Equipment is to be connected together with housing to housing connectors wherever possible to avoid short cable jumpers. ( 8 ) All equipment (not including connectors) will be installed at least six inches (6") and no more than forty-eight (48) inches from the nearest edge of pole. In some cases, this may require separating the equipment to both sides of the pole. It may also be necessary to place cable jumpers to relocated devices to comply with this specification. t ( 9 ) Stainless steel straps and spacers will be used in all splicing. Existing stainless steel straps and spacers will be used if in serviceable condition. (10) The Contractor is responsible for physically inspecting all cable and hardware within five (5) feet from the nearest edge of the pole, or two (2) feet past the furthermost piece of equipment, whichever is greater. The Contractor is also responsible for making a reasonable visual inspection of all cable and hardware ten (10) feet from each side of the pole. If the Contractor finds any defects upon its physical or visual inspection, then it will take such steps as are necessary to correct the defect. ' (11) Equipment will placed in location vacated by old equipment, unless otherwise approved. I t Exhibit A Page 18 of 51 Ic:lcont-exa I ' Contract Effective Due Initial Initial IIV. Upgrade Splicing - Buried A. General Procedures ( 1 ) Same as Buried Splicing General Procedures 1, 2 and 3. ' (2 ) Same as Upgrade Splicing Aerial General Procedures 2, 3, 4, 5 and 6. B. SplicingProceduru 1 ( 1 ) Same as Aerial Splicing Procedures 1, 12, 13, 16, 17, 20 and 21. ' ( 2 ) Same as Buried Splicing Procedures 2, 4, 5, 6 and 7. ( 3 ) Same as Upgrade Aerial Splicing Procedures 2, 6, 7 and 8. (4 ) All passive and/or active equipment locations shall be securely fastened to the - enclosure using appropriate bolts and/or brackets. ( 5 ) If existing coaxial cables are too short to splice and connectors are not accessible, the cable will need to be extended, using extension connectors or splicing in jumpers. For splicing purposes, the definition of"accessible connector" shall be - the lowest device shall be no lower than two inches (2") above the edge of enclosure. ( 6 ) Existing enclosures are to be utilized except in cases where new splicing configuration does not allow equipment to fit in present enclosure, or damaged enclosures. ( 7 ) All active drops that are too short due to relocation of directional taps shall be extended. Owner provides house drop jumpers. ( 8 ) All enclosures are to be equipped with Owner approved locking device. ( 9 ) Oversized enclosures will be replaced with enclosure sized appropriately for equipment installed. I I I I Exhibit A Page 19 of 51 :\coot-exa Contract Eductive Date lnitiab tannin SECTION V Power Supply Installation Snetiticatiens and Pro edure ( 1 ) Contractor is to obtain all necessary permits and approvals prior to beginning the work. ( 2 ) Personnel performing the work shall meet all state, county, and city codes pertaining to the installation of commercial electrical service. ( 3 ) All work performed by the contractor shall be done in accordance with the local electrical code, utility company's specifications, National Electric Code (NEC) and National Electric Safety Code as adopted by the local utility company, and specifications. ( 4 ) All power supplies shall be properly grounded and bonded in accordance with the local utility company specifications and specifications. ( 5 ) At no point shall the contractor change any of the specifications or procedures without prior approval from ( 6 ) All service head equipment shall have a minimum clearance of 18 inches above the CATV strand. ( 7 ) Service entrance conduit shall be 1/2 inch thinwall conduit with compression connectors and/or couplings. It shall be supported within 3 feet of each connector, coupling, or service head with the appropriate clamp. The conduit shall be attached to the meter base using a standard LB connector. ( 8 ) Service entrance conductors shall be #12 solid copper, unless otherwise specified. ( 9 ) The meter base shall be installed a minimum of 6 feet from the base of the pole and grounded with #6 soft drawn copper encased by 1/2 inch thinwall conduit in a direct downward path to the CATV ground rod. (10) A 5/86 by 8' ground rod shall be installed at each power supply location 3 inches below ground level. The ground rod clamp shall be treated with an antioxidation compound (Penetrox E) at the attachment point. The point of attachment shall be made at 4 inches below ground level. A bonding jumper shall be installed from the CATV ground rod to the power ground at the base of the pole using #6 solid copper. (11) An Owner approved service disconnect box shall be installed 6 to 12 inches above the meter base and equipped with an Owner approved 20 amp breaker. There shall be a minimum of 12 inches clearance between the service disconnect and the power supply housing. The service disconnect shall be properly marked by the contractor. (12) Each entrance for conductors to a metal closure shall be protected by a plastic or nylon bushing. All metal enclosures shall be bonded according to code. (13) The power supply housing shall be installed a minimum of 10 feet or a maximum of 12 feet from the base of the pole. There should be a minimum of 40 inches clearance from the top of the power supply housing to the CATV strand unless otherwise indicated by (14) The top mounting bracket shall be installed using a 5/8 inch machine bolt. The bottom mounting bracket shall be installed using a 4 inch lag bolt. Exhibit A Pane 20 of 51 c:lcant-exa Coatract Effective Date Initiate Initials (15) The power supply housing shall be grounded from the ground attachment in a direct downward path to the CATV ground rod using #6 solid copper from the base of the pole to the bottom of the power supply housing, using ground wire molding. (16) In the event any weatherproof flexible metal conduit is installed, it shall be properly supported and a separate #12 solid copper ground wire will be installed. (17) Installation of an underground power supply housings shall be done in accordance with the attached drawings. (18) All sod, plants and fixtures, disturbed during installation shall be restored to its original condition and to a satisfactory condition for the Owner, landowner or any other party responsible for the condition of the property. (19) The power supply address shall be noted on the pole or the power supply housing, and be visible from the ground. POWER SUPPLY INSTALLATION MATERIALS PROVIDED BY (1) 1 - 8 FOOT GROUND ROD (2) 25 FEET#6 SOFT DRAWN COPPER (3) 1 - GROUND ROD CLAMP (4) 1 - 16" MACHINE BOLT (5) 10 FEET GROUND WIRE MOLDING (6) 1 - 4" LAG SCREW (7) 2 - SQUARE WASHERS (8) 1 - 20 AMP CIRCUIT BREAKER (9) 1 - POWER SUPPLY HOUSING(WHEN APPLICABLE) (10) 1 - U/G MOUNTING BASE (WHEN APPLICABLE) Exhibit A Page 21 of 51 c:lcent-exa ' Coctract Elective Date laihala lnitiala SECTION VI System Alignment Specification' ' A. General Procedures I I ( 1 ) Appropriate test equipment will be approved by the Owner and shall be used to align and record the system signal levels. ( 2 ) Test equipment should be calibrated on a weekly basis to ensure accuracy. ( 3 ) Great care shall be taken while transporting the electronic equipment to field destinations to avoid physical and/or water damage. B. Rough Balance_Procedures 1 ( 1 ) Manufacturer's specifications and recommended procedures shall be observed in opening and closing amplifier housings, inserting modules and aligning the amplifiers. ( 2 ) Amplifier level analysis sheets shall be used for reference in aligning amplifiers. I ( 3 ) Outside plant shall be activated and rough balanced according to the following description: a) Insertion of all active amplifier modules into the previously placed housings. ' b) Activation of all 60 volt power supplies and appropriate documentation. c) Measurements of AC and regulated DC voltages at each amplifier location. d) Proper selection of pads and equalizers and set up of gain and slope in manual and AGC modes to achieve an output signal to within plus or minus 2 dB of the system design specifications. e) Repair of any defects in materials or workmanship to allow the previously mentioned tolerances to be met. f) Provide documentation sheets for each amplifier, showing: ' - AC in and out - DC operating regulated voltage - Pad and equalizer values forward (54-750MHz)Reverse (5-42MHz) - Any deviation from level analysis sheets, if available - Power direction 1 I Exhibit A Page 22 of 51 c:lcont<xa Contract E ioatve Date !rituals • SECTION VII Construction Materia s fin ifkations Provided_ iwjier A. moral ( 1 ) All forged steel and iron hardware used shall be hot dipped galvanized. ( 2 ) All copper clad hardware used shall not have less than 15 mils thickness of copper coating and shall not have extensive electroplating pits. ( 3 ) All wood products used shall be pressure treated to not less than 10 pounds of preservative per cubic foot of wood. (4 ) All other hardware materials not specified above (paragraph 1,2,3) shall be corrosive t protected to the environment and have a life expectancy of at least 20 years. ( 5 ) Owner may change Construction Materials Specifications as may be deemed ' necessary by Owner. B. Support Hardware ( 1 ) Anchors and Guy Wires a) Anchors shall be six inches (6") screw type, galvanized, with a five foot (5') rod ' or 8-way expanding anchors with a 6' galvanized rod or as required by the local utility companies. b) Guy wire shall be the same as the supporting strand when the guy has a lead over ' height ratio of 1/2 or better. c) Guys shall be attached to standard pole line hardware and anchor rods using preform dead-ends. ' ( 2 ) Bonding and Grounding a) Ground rods shall be five-eighths inch by eight feet (5/8" x 8') copper clad steel ' rods. b) Ground wire shall be #6AWG solid soil drawn bare copper wire. c) Ground wire staples shall be copper or copper clad. d) Ground rod clamps shall be bronze, using a non-galvanic locking bolt. e) All bonding clamps shall be of non-galvanic materials or have special bi-metal ' spacers used in connectors to prevent corrosion when bonding two dissimilar metals. f) Ground wire molding shall be of plastic material. (3 ) Bolts a) All machine and thimble eye bolts shall be five-eighth inch (5/8") size, 12,400 lb.. ' minimum tensile strength with cone ends. b) All suspension clamps shall be of the three bolt, flat back variety. Exhibit A Page 23 of 51 h:\cont-exa I a. ' Cootrtad Eticcprc Date tnitiali Initials ( 4 ) Lashing wire ' a) Lashing wire shall be .045 inch, alloy 302 or 316 stainless steel, unless otherwise specified by the owner. ( 5 ) Strand ' a) All strand shall be 1/4" 7 strand extra high strength class A galvanized for normal cable runs, unless otherwise specified by Owner. - b) 5/16" strand shall be used for all multiple trunk runs or any run which consists of 5 or more cables, unless otherwise specified by Owner. ' ( 6 ) Support Straps a) The cable support straps shall be stainless steel. ' C. Cable ( 1 ) All coaxial cable will be capable of passing the frequency spectrum of 5 MHz through 1 GHz. ' ( 2 ) All coaxial cable shall have a minimum return loss before installation, using narrow band sweep, of 30 dB. ( 3 ) Jacketed coaxial cable with flooding compound shall be used for all buried ' construction through conduits and direct burial. ( 4 ) Jacketed coaxial cable with flooding compound shall be used for all direct buried plant construction. IExhibit A Page 24 of 51 c:\coot-exa Canted Effective Date burials hutials SECTION VIII Aerial Fiber Optic Construction Specifications Aerial Installations - All of the general techniques and methods of aerial installations which have been outlined for coaxial cable installation can be applied for fiber optic cables. General A. All fiber will be double lashed. B. Fiber will lay parallel with the strand, do not follow the coaxial expansion loops. C. Two (2) straps and spacers shall be evenly placed on the fiber within the coaxial expansion loop. II. Reel Handling and Inspection A. Inspect fiber cable reels for flange protrusions, irregularities, or structural damage which could be a hazard to the fiber cable sheath. B. Inspect the fiber cable for any external damage prior to loading on a cable trailer. C. Load cable trailers with care to protect the fiber cable of any damage, a lifting device is recommended. D. Make sure fiber cable is properly secured on the trailer for transporting fiber cable to the field. III. Installation - Back Pull Method or Stationary Reel Method A. Protect the work area by placing warning signs, flags, or other warning devices at appropriate points to alert vehicles and pedestrians. B. Installation of fiber cable is identical to the methods used in the installation of coaxial cables. C. Remove all cable support straps during the back pull of fiber cable to eliminate any possible damage to the fiber cable jacket. D. The use of tension release device or breakaway swivel rated for the manufacturer's specifications will be required at all times. E. The fiber cable on the reel trailer will require a man (reel spinner) to spin the reel to eliminate any tension during the installation of the fiber cable. F. Radio communications between both ends of the operation will be required to protect the installation of the fiber cable. G. The storage of excess fiber cable (slack points) will be the figure 8 method. The slack point will be placed in the middle of the span, using appropriate straps and spacers. (See Sketch). H. During the lash back of fiber cables, as-built fiber cable footage will be recorded at the slack point storage of excess fiber cable and at riser pole location. Exhibit A Page 25 of 51 c:kont-exa Contract Effective Data laitials initials IV. Installation -Drive Off Method or_Movin2 Red Method A. Protect the work area by placing warning signs, flags, or other warning devices at appropriate points to alert vehicles and pedestrians. B. The fiber cable on the reel trailer will require a man (red spinner) to spin the reel to eliminate any tension during the installation of the fiber cable. C. Radio communications between the aerial lift basket and the truck will be required to protect the installation of the fiber cable. D. The pulling lines for the fiber cable fisher are attached to the cable trailer or truck body. DO NOT ATTACH TO THE BOOM OR BASKET. E. The storage of excess fiber cable and the recording as-built fiber cable footage are the same as the Back Pull Method. V. Inner Duct A. Aerial inner duct shall be double lashed. B. The ends will be sealed with owner approved sealant. C. The end of the conduit shall extend past the pole to the strap and spacer on the far side. (See Sketch) VI. Fiber Cable Security A. The security of the fiber cable shall be maintained at all times. B. Should fiber cable need to be left out overnight, a security guard will be used at the discretion of the contractor. Exhibit A Page 26 of 51 ::kont-exa Cantrad EQaavc Deis ktuali laitials SECTION IX Buried Fiber Optic Construction Specifications Installation - Buried Fiber Cable A. Protect the work area by placing warning signs, flags, or other warning devices at appropriate points to slat vehicles and pedestrians.B. Installation of fiber cable will be monitored with an approved monitoring device (dynamometer) at all times during installation. C. The same type of conduit shall be installed continuously from the buried plant up the utility pole. When flexible conduit (cable-con) is used, conduit shall extend onto the strand to within four inches (4") of the cable lashing clamp. At locations where fiber cable only is lashed to strand, flexible conduit will extend onto the strand three feet (3). Stainless steel straps will affix the conduit to the strand a minimum of every six inches (6") and within two inches (2") of the conduit end. All fiber optics cables and conduits will be covered by galvanized steel guard from six inches (6") below ground level to within twenty-four inches (24") of the strand attachment position. Multiple galvanized steel guards will be covered by an appropriately sized PVC guard, as specified by Owner. Spare conduits will extend four feet (4') above ground level and be covered by one (1) section of galvanized steel guard. All conduit ends will be sealed with split rubber cap, cable-con type cap, or foam sealant. D. Vault locations and slack storage device installation instructions will be provided by Owner at time of installation. E. The fiber cable on the reel trailer will require a man (reel spinner) to spin the reel to eliminate any tension during the installation of the fiber cable. F. Radio communications between both ends of the operation will be required to protect the installation of the fiber cable. G. During the installation of the fiber cable, all as-built fiber cable footage will be recorded at riser locations, pull boxes, and slack storage locations. H. Fiber cable markers will be installed periodically along the trench to identify routing. I. Burial tape is to be placed twelve inches (12") above fiber cable or conduit. II. Figure Eight (8)Method A. Protect the work area by placing warning signs, flags, or other warning devices at appropriate points to alert vehicles or pedestrians. B. Pull the fiber cable off the cable reel and place the fiber cable on the ground in a figure eight (8). Place safety cones in a manner to keep the figure eight (8) in an orderly manner, the bigger the figure eight (8) the easier the installation. C. During the installation of fiber cable from the figure eight (8) the fiber cable will be paid off by an individual to eliminate the possibility of kinking the fiber cable. D. Radio communications between both ends of the operation will be required to protect the installation of the fiber cable. Exhibit A Page 27 of 51 c:l\cont-exa Contra Effective Date li iva.s 1mtuL M. Fiber Cable Security The security of the fiber cable shall be maintained at all times. Should fiber cable need to be left out overnight, a security guard will be used at the discretion of the contractor. w t 1 I Exhibit A Page 28 of 51 c:kont-eca Ccetract Metric Date Initials Initials SECTION X Fusion Snllcing Specificatiopa GOAL: The goal for fusion splicing is to obtain clean low loss fusion splices. Splice closures will be installed in compliance with manufacturer's specifications and organized in a uniform manner with workmanship a priority. The purpose of the procedures is to ensure full protection of the fibers for trouble free splices forever. a SPLICE LOSS; The maximum allowance is .05 dB splice loss, or better, per splice. Total splice loss in any given link will I meet link loss budget requirements. Final verification will be bi-directional OTDR proofing at 1310 and 1550 manometer wavelengths. CLEAN SPLICE; IAll splices must be free of bubbles, spots with good core alignment. I Exhibit A Page 29 of 51 c:'cont-cxa it Contract Effective Date laitial� Initials SECTION XI MultipleDw ing Units - Specifications and Sket hea GENERAL PROCEDURES: 1. It is extremely important that each job be evaluated prior to commencing construction. No work will be conducted without a work order in accordance with Exhibit E. The proper materials, tools and safety equipment must be used to perform each given task; this ensures a safe and efficient work environment. 2. Any changes made to a design will be indicated on the contractor's print and signed by Time Warner Cable (TWC). Contractor will not change design without approval by a TWC field representative. 3. All installations shall be made in accordance with the National Electrical code. A CATV fire resistant cable is to be used from tap to the TV set. For other uses such as risers, ducts, plenum, elevator shafts, and other air handling spaces, consult TWC for type of cables. All coaxial cables will be supplied by owner. 4. All customer complaints and TWC field requests must be addressed within 2 hours and must be completed within 72 hours. I ?REPLANNING Ii. Contractor will provide TWC with a reasonable construction start and completion date. Construction must be completed by given date or TWC will be notified in advance. I2. A meeting with the building owner or association and the contractor must be arranged to inspect internal and external utilities, communication lines, sprinkler systems, landscaping, asphalt, ' concrete, and house lighting. This will eliminate potential damage claims. 3. The owners and management staff must be notified five working days prior to starting ' construction. This is to arrange access into each unit, if needed, and make personal changes to accommodate our construction needs. I4. Contractor to ensure that all materials are present before start of project so work can proceed in a timely manner. Exhibit A Page 30 of 51 c:lcont-e a I r Contract Effective Data laitials initials 5. Care and pride should be taken when routing exterior cables. Vertical and horizontal runs must be straight and neat. Horizontal rugs should be placed extremely high on the structure and as close to the cave as possible. The vertical cable should be run in the corners (See Fig. B). 6. Take precautions to avoid kinking, rushing, stretching, or nicking the wire. If the cable is damaged during the installation procedure, it must be replaced back to the pedestal or lock box. 7. All drops must be securely fastened to the structure at intervals no greater than 30 inches. The fastener and/or anchor type shall be approved by the MDU coordinator prior to construction The drops shall then be covered with molding. 8. Use one molding riser to feed two units (See Fig. A). Angle drill from molding into each unit. The penetration point on the inside of the apartment should be slightly higher than that of the - outside, this is to prevent water from migrating along the cable into the unit. Contractor shall ensure that all power, telephone wiring, water pipes, pocket doors and gas lines in the walls are identified and protected. This shall include the use of mechanical blue prints, locators, ground fault interrupters and test holes. 9. Use of molding riser to include the distribution cable and drop cables (See Fig. C). Must have 6" drip loop at all entry points. 10. All open ends and intersecting joints shall be mitered and sealed with silicone caulk(See Fig. D). 11. All external F-type connectors, splices and splitters should be of the outdoor type and properly weather sealed. 12. All drops are to be tagged in lock boxes and pedestals. 13. Each time a unit is penetrated, a feed through bushing must be used in conjunction with a silicone sealant. 14. When cables are installed through fire walls, the walls must be sleeved with EMT conduit in accordance with NEC. Drops are then installed through the EMT and sealed with an appropriate fire stop. 15. Wall plates are required for every outlet installation Wall plates with an F-81 connector are to be mounted at the same height as the electric outlet or 14" from the floor to the bottom of the plate. 16. Each wall plate should be fastened with two #8 X 3/4" Hex Screw and anchors. 17. In the event of two or more outlets in any apartment, an appropriate splitter or directional coupler can be installed behind a wall plate or in any concealed location. 18. When installing outlets on an adjacent wall, a stud must separate all back to back outlets. Exhibit A Page 31 d 51 c:kont-exa Caatraci Effective Date lnitula lnitiala 19. The drop cable must be tucked along the baseboard beside the tack strip of the carpeting. If no carpet, attach cable to baseboard with clips and anchors. 20. If the cable must cross a doorway, drop cable should be routed up and around the door frame with screws and cable clips at no greater than 12" intervals. A signed form that unconditionally releases TWC of all liability must be obtained from the home owner whenever cable crosses a doorway or is routed under carpet. - 21. If drilling through a carpeted floor becomes necessary, cut a small (1/2") "X" in the carpet before drilling. This will allow the drill to pass through the carpet without unraveling. A feed through bushing will seal the hole and hold down the carpet. 22. If a wallfish is necessary, contact a TWC field inspector. Do not commence work without written - permission. 23. If the project has a bulk contract, the unit must be set up with appropriate services. If the unit is vacant or no television exists, a six foot jumper must be left. 24. Install F-connectors on interior cable carefully and correctly, according to DROP CONNECTOR SPECIFICATIONS. 25. All old wires, molding clips, screws and tie wraps must be removed from the structure. The holes must be patched and sealed. 26. Port terminators will be installed on all unused tap ports. 27. All equipment, includingactives and passives, must be mounted to plywood backing when inside eq P lock box. lock All knockouts on 1 k boxes must be sealed with RTV. I29. Drops will be tie wrapped together in ped or lock box in a neat and orderly fashion. I 30. Clean up any parts, tools, or debris before leaving the unit. Always leave the area you work in as clean as it was before you arrived. 31. Contractor will "sniff' completed work for CLI compliance and document results. Exhibit A Page 32 of 51 Ic:lcont<xa r Contract Effective Pete Initials Initials I LOCK BOX LOCATIONS; 1 1. All lock boxes are to be installed in design designated locations. Changes will not be made without the written permission of a TWC representative. 4' fromgroundbox. Exceptions xshould mounted level to the bottom of the 2. All lock boxes beP must be approved prior to placement. I 3" When mounting the lock box, care should be taken not to obstruct any of the existing facilities. Minimum distance from existing boxes is 2". I4. Each box must be securely fastened with an anchoring system approved by the MDU coordinator. S. All equipment, including actives, passives, deletion filters, signal processors, etc., must be I mounted to the plywood backing. I 6. Where new drops are routed to a lock box location, they will be left with excess tail equivalent to the circumference of the apartment box. ' 7. Drops wil be left with a 4 1/2" loop (excess slack) after cut in at upgraded apartment box locations. I 8. If a lock box is being removed from the structure, the building must be patched and painted to the reasonable satisfaction of the owner. 9. If a lock box is being replaced, install the new lock box in the same location as the previous box. Any penetration or cracks caused by the box removal must be patched and sealed prior to ' installing the new box. 10. A TWC field representative must be contacted prior to removing a lock box with an AC electric ' outlet. 11. All lock boxes will have a bead of RTV around it to seal it to the wall. All knockouts will have ' RTV. ISPECIAL NOTE; Upgrade drop configuration includes, but is not limited to: 1) Change of all "F" type connectors. 2) Network (splitter) rework 3) Bonding or grounding 4) Drop tagging Exhibit A Page 33 of 51 I 'c:\contca II ' Ii 1 II i i I (. ‘ ..4 o . c ... .1:3_ .:::: U 0 r O - -- LA p 4. 2 w i 'Q g •• g .,.. m ra \ npL INS v a F g • ., :: !.1-i., •::: .. ill-1-.. z i _.. . ., m •••=•... foliNMIII 4 ;• il * -c=:.- = • i 1...., ;; ,1:4. st I i" . . , , 1 it • • Exhibit A -• Page 34 of 51 1 L Ai F • t QZ . >i . clic j.--. ::::::E 1 - - - -cc !O m l _ _ tA 0 ` r rt ' CA r _n r. Z k t , 1(/ i.iT: 1 .1 ------ . , .3 . .1 4. 4 I , '■ !� i : ,..� i \.... 2 : : I is \ w I N. I I Exhibit A Page 35 of 51 E I 1il I .I � T 1 r • t /. Ir R ., '' i ;" • • L. F 1 cd t 1 1. L __, i, g - .r3 III A � � i i I '%'%..4 4%.*%.11%k I°m fl ; I 2 I I ° zi ° rn 17' ' —' 1 7 , - 9 I II \/ 14 or' _E.. do. \siN, s q, 2:1 1. T r ,,...._ ............ ,.. ,a w. f _1 �' 1 '. i■ I2 .. , I "I I•. : , ,1 Is jm� t C ,// __ 1i I. 1�� ;�J 1� II 0 IP` 1 1 s w Exhibit A Page 36 of 51 111 a I AERIAL CONSTRUCTION 9. 86 I . I ( )1 I 31614k outeCTION roAwmo • , 14. q is is' . o" A COYaNEn ' `. 167-1 1/ al -1 1 12• ALL EOUIPNENT pN INPIT SIDE ii■ - ) 406 YININUN BETWEEN I COAXIAL CABLE PROW STRAND AND ''OWEN SUPPLY CONBINEII 10 PAWN I SUPPLY PLACED IN CONDUIT ON POLE. rL I POSSE R sU MY I I )i ) NE}6HT CONIPUE.S TO LOCAL SPEC. 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