HomeMy WebLinkAbout99-083 - ResolutionsRESOLUTION NO. 99-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA AUTHORIZING THE RENEWAL OF A
CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE
CITY AND AMERICAN CABLE ENTERTAINMENT COMPANY,
LLC
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES FIND,
DECLARE, AND RESOLVE AS FOLLOWS:
SECTION 1. This resolution is adopted in consideration of the following facts and
circumstances:
A. American Cable Entertainment Company, LLC, a
Delaware limited liability company doing business as
American Cable Entertainment ("Franchisee"), is the duly
authorized holder of a franchise ("Franchise") that
authorizes the construction, operation, and maintenance
of a cable television system within the City of Rancho
Cucamonga ("Franchise Authority").
B. By its terms, the Franchise will terminate in its entirety on
April 17, 2000.
C. Negotiations between the Franchise Authority and the
Franchisee commenced in late 1998. In addition, City
staff conducted inquiries for the purpose of evaluating
the future cable-related community needs and interests
and the cable operator's performance under the existing
Franchise. A new agreement has been negotiated
entitled "An Agreement between the City of Rancho
Cucamonga and American Cable Entertainment
Company, LLC, Renewing a Non-Exclusive Franchise to
Operate a Cable Television System in the City of Rancho
Cucamonga and Setting Forth Terms and Conditions
Relating to the Renewal of the Franchise" ("Franchise
Renewal Agreement"). A copy of the Franchise Renewal
Agreement is attached as Exhibit 1 to this resolution.
D. The Franchise Authority has reviewed the present and
future cable-related needs of the community and its
residents, the Franchisee's record of service and its
ability to carry out its obligations under the Franchise
Renewal Agreement, and the Franchisee's financial,
legal, and technical qualifications to hold and to operate
a cable television franchise, and has determined that the
public interest would be served by authorizing the
Franchise Renewal Agreement. This determination is
based upon the following findings:
Resolution No. 99-083
Page 2
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
(1) The Franchisee has substantially complied with
the material terms of the existing Franchise and with
applicable law;
(2) The quality of the Franchisee's service, including
signal quality, response to consumer complaints, and
billing practices, but without regard to the mix,
quality, or level of cable services or other services
provided over the system, has been reasonable in
light of community needs;
(3) The Franchisee has the financial, legal, and
technical ability to provide the services, facilities, and
equipment as set forth in the Franchise Renewal
Agreement attached as Exhibit 1; and
(4) The Franchisee's performance of the obligations
set forth in the Franchise Renewal Agreement will
reasonably meet the future cable-related community
needs and interests, taking into account the cost of
meeting those needs and interests.
The Franchise Authority authorizes the renewal of a nonexclusive
franchise with the Franchisee to construct, operate, and maintain a
cable television system within the City. This authorization is made
in accordance with the applicable provisions of Title 7 of the Rancho
Cucamonga Municipal Code, the applicable provisions of state and
federal law, and the terms and conditions of that certain Franchise
Renewal Agreement attached as Exhibit 1 to this resolution.
Franchisee will reimburse the Franchise Authority for all costs and
expenses reasonably incurred by the Franchise Authority's staff in
connection with the negotiation, drafting, and processing of the
Franchise Renewal Agreement; provided, however, that those costs
and expenses will not exceed the sum of $10,000.®, and will be set
forth in an itemized statement transmitted by the City Manager, or
the City Manager's designee, within 30 days after the effective date
of this resolution.
That certain Franchise Renewal Agreement attached as Exhibit 1 to
this resolution is authorized and approved, and the Mayor is
authorized to execute that agreement on behalf of the Franchise
Authority following its execution by the Franchisee.
The City Clerk is directed to certify to the adoption of this resolution
and to transmit a certified copy to Day L. Patterson, Esq., Senior
Vice President and General Counsel for the Franchisee at Four
Landmark Square, Suite 302, Stamford, Connecticut 06901.
Resolution No. 99-083
Page 3
PASSED, APPROVED, AND ADOPTED this 7th day of April, 1999.
AYES:
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
Alexander, Biane, Curatalo, Dutton, Williams
William J. A~~n~er, Mayor
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California,
do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City
Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held
on the 7th day of April, 1999.
Executed this 8th day of April, 1999, at Rancho Cucamonga, California.
Debra J. Adams,H~;MC, City Clerk
Resolution No. 99-083
Page 4
AMERICAN CABLE ENTERTAINMENT COMPANY (ACE)
Renewing a non-exclusive franchise to operate cable television
CO 99-052, 0602-01
Resolution No. 99-083
Page 5
AN AGREEMENT BETWEEN THE CITY OF RANCHO
CUCAMONGA AND AMERICAN CABLE ENTERTAINMENT
COMPANY, LLC, RENEWING A NON-EXCLUSIVE
FRANCHISE TO OPERATE A CABLE TELEVISION
SYSTEM IN THE CITY OF RANCHO CUCAMONGA AND
SETTING FORTH TERMS AND CONDITIONS RELATING
TO THE RENEWAL OF THE FRANCHISE.
Resolution No. 99-083
Page 6
TABLE OF CONTENTS
Page
RECITALS .......................... 1
RENEWAL OF FRANCHISE .................. 2
1.1. Parties to the Agreement ............ 2
1.2. Representatives of the Parties and Service of
Notices ..................... 2
1.3. Definitions ................... 3
1.4. Conflicts .................... 3.
1.5. Grant ...................... 3
1.6. Right of Grantor to Issue and Renew Franchise 3
1.7. Effective Date of Renewal ............ 4
1.8. Duration .................... 4
1.9. Franchise Not Exclusive ............. 4
1.10. Scope of the Franchise ............. 4
GENERAL REQUIREMENTS ..................
2 1 Governing Requirements .............
2 2 Franchise Fee ..................
2 3 Payment to Grantor ...............
2 4 Insurance Requirements .............
2 5 Performance Bonds ................
2 6 Periodic Adjustments ..............
RIGHTS RESERVED TO THE GRANTOR ............. 10
3.1. Reservation ................... 10
3.2. Delegation of Powers .............. 10
3.3. Right to Inspect Construction .......... 10
3.4. Right to Require Removal of Property ...... 10
3.5. Right of Intervention .............. 10
5 0
SYSTEM UPGRADE AND SPECIAL SERVICES .......... 11
4.1.
4.3.
4.4.
4.5.
4.6.
4.7.
Upgrade ..................... 11
Notices Relating to Cable Television System
Upgrades .................... 11
Outlets for Public Buildings .......... 11
Emergency Alert Capability ........... 12
Parental Control Devices ............ 12
Technical Standards ............... 13
No Offset Against Franchise Fees ......... 13
SERVICES, PROGRAMMING, AND CONSUMER PROTECTION STANDARDS 13
5.1. Rates and Charges for Cable Services and
5.2.
5.3.
5.4
5 5
5 6
5 7
5 8
5 9
5 10.
Equipment ................... 13
Discounts for Senior Citizens .......... 14
Leased Channel Service ...... . . · ' .... 14
Nondiscrimination ................ 14
Billings to Subscribers ............. 14
Termination of Residential Service ....... 15
Annual Subscriber Notice ............ 15
Consumer Protection Standards .......... 15
Service Interruptions .............. 15
Entry on Private Property ............ 15
-i-
Resolution No. 99-083
Page 7
5.11. Privacy Rights of Subscribers .......... 15
SUPPORT OF LOCAL CABLE USAGE .............. 15
DESIGN AND CONSTRUCTION ................
7.1
7 2
7 3
7 4
7 5
7 6
7 7
7 8
7 9
16
System Construction and Extension ........ 16
Construction Components and Techniques ..... 17
Technical and Performance Standards ....... 17
Construction Codes ............... 17
Construction Default .............. 17
Vacation or Abandonment ............. 17
Abandonment in Place .............. 18.
Removal of System Facilities .......... 18
Movement of Facilities ............. 18
10. Undergrounding of Cable ............. 18
11. Facility Agreements ............... 18
12. Repair of Streets and Public Ways ........ 19
13. Erection of Poles Prohibited .......... 19
14. Reservation of Street Rights .......... 19
15. Miscellaneous Design and Construction
Requirements .................. 19
PERFORMANCE AUDITS AND TECHNICAL DATA ......... 21
8.1. Annual Audit of Performance ........... 21
8.2. System Testing and Technical Data ........ 22
8.3. Emergency Repair Capability ........... 23
REVOCATION, TERMINATION, OR FORFEITURE ......... 23
9.1. Revocation ................... 23
9.2. Grounds for Revocation, Termination, or
Forfeiture ................... 23
9.3. Removal of Property ............... 24
10. RECORDS; REPORTS; RIGHT TO INSPECT AND AUDIT; EXPERTS
10 1
10 2
10 3
10 4
10 5
10 6
10 7
10 8
10.9
10.10. Retention of Experts .............
25
Grantee to Provide Records ........... 25
Records ..................... 25
Maintenance and Inspection of Records ...... 25
Reports of Financial and Operating Activity . 25
Performance Tests and Compliance Reports .... 26
Additional Reports ............. 26
Communications with Regulatory Agencies ..... 26
Inspection of Facilities ............ 27
Right to Audit ............... 27
27
11. ENFORCEMENT PROCEDURES ............... 28
11.1. Notice and Hearing upon Grantee's Default .... 28
11.2. Delegation .................... 29
11.3. Stop Work Notice ................ 29
11.4. Authorized Fines, Penalties, and Other
Sanctions .................... 29
12. CONTINUITY OF CABLE TELEVISION SYSTEM SERVICES ..... 30
12.1. Continuity of Service .............. 30
12.2. Operation and Management By Grantor ....... 31
999~17 11211-00001 ~yC 0593890
Resolution No. 99-083
Page 8
13. MISCELLA/~EOUS PROVISIONS ................ 31
13.1. Assignment, Transfer, Sale, and Change of
Control ..................... 31
13.2. Force Majeure .................. 33
13 3
13 4
13 5
13 6
13 7
13 8
13 9
13
13
13
13
Possessory Interest ............... 33
Indemnification ................. 33
Receivership and Foreclosure .......... 34
Conflict of Interest .............. 34
Resolution of Disputes ............. 35
Waiver by Grantor ................ 35
Severability .................. 35
10. Amendments ................... 35 .
11. Binding Upon Successors ............. 35
12. Counterpart Execution .............. 35
13. Applicable Law ................. 35
t4. DEFINITIONS ....................... 36
15. AUTHORITY AND EFFECTIVE DATE .............. 40
15.1. Authority .................... 40
15.2. Effective Date ................. 40
EXHIBIT A
TITLE 7 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
AS ADOPTED AND IN EFFECT ON THE EFFECTIVE DATE
OF FRANCHISE RENEWAL .............
A-1
EXHIBIT B OWNERSHIP ................... B-1
EXHIBIT C DESCRIPTION OF THE FRA/4CHISE SERVICE AREA
C-1
EXHIBIT D GRA/qTEE'S TECHNOLOGY IMPLEMENTATION PLAN
D-1
EXHIBIT E CONSUMER PROTECTION ST~_NDARDS ......... E-1
EXHIBIT F SUPPORT OF LOCAL CABLE USAGE ......... F-1
SCHEDULE 1 to EXHIBIT F .................. SF-1
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11231-00001 $yC 0593890 2
Resolution No. 99-083
Page 9
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Agreement") is entered into
this day of , 1999, at Rancho Cucamonga,
California, by the City of Rancho Cucamonga, a municipal
corporation of the State of California ("Grantor"), and American
Cable Entertainment Company, LLC, a Delaware limited liability
company doing business as American Cable Entertainment
{"Grantee").
RECITALS
A. In accordance with Title 7 of the Rancho Cucamonga
Municipal Code, California Government Code Section 53066, and the
Cable Communications Policy Act of 1984, as amended (47 United
States Code Sections 521 e__% Seq.), Grantor is authorized to grant
or renew a franchise for the construction, operation, and
maintenance of a cable television system within the City of
Rancho Cucamonga.
B. Grantee currently operates and maintains a cable
television system in the City of Rancho Cucamonga under the
authority of Title 7 of the Rancho Cucamonga Municipal Code
("Title 7") and a nonexclusive franchise agreement that was
originally executed on or about April 17, 1985, and was
thereafter amended and transferred to Grantee. Grantee has
requested a renewal of that franchise, which will terminate on
April 17, 2000.
C. In connection with Grantee's request for franchise
renewal, Grantee has offered to upgrade its cable television
system by installing fiber optic lines and other enhancements and
has offered to provide improved services to the Grantor and to
Grantee's customers, including upgraded public, educational, and
governmental facilities and services.
D. Grantor and Grantee have negotiated the terms of
the franchise renewal, which are set forth below, in accordance
with applicable law, and Grantee has agreed to comply with the
provisions of this Agreement and Title 7, as it now exists and as
it may be amended in the future. A copy of Title 7 is attached
as Exhibit A and incorporated by this reference.
E. The Grantor's City Council has reviewed the
present and future cable-related needs of the Grantor and its
residents, the Grantee's record of service and its ability to
carry out its obligations under this Agreement; and the Grantee's
financial, legal, and technical qualifications to hold a cable
television franchise, and has determined that the public interest
would be served by renewing Grantee's franchise subject to the
terms and conditions of this Agreement and the provisions of
Title 7.
1
990117 11231-00001 syc 0593890 2
Resolution No. 99-083
Page 10
NOW, THEREFORE, in accordance with the provisions of
Title 7 and this Agreement, Grantor grants to the Grantee, and
Grantee accepts from the Grantor, a renewal of a cable television
franchise.
1. RENEWAL OF FRANCHISE.
1.1. Parties to the A~reement. The parties to this
Agreement are:
(a) Grantor: The City of Rancho Cucamonga, a
municipal corporation, having its principal office at 10500 Civic
Center Drive, Rancho Cucamonga, California 91729.
(b) Grantee: A~nerican Cable Entertainment Company,
LLC, a Delaware limited liability company doing business as
American Cable Entertainment, with ownership as set forth an the
attached Exhibit B that is incorporated by this reference, and
having a local office at 4240 North Hallmark Parkway, San
BernardinO, California 92407.
1.2. Representatives of the Parties and Service of Notices.
The representatives of the parties who are primarily
responsible for the administration of this Agreement, and to whom
notices, requests, demands and other communications must be
given, are as follows:
(a) The principal representative of the Grantor is:
City Manager
Rancho Cucamonga City Hall
10500 Civic Center Drive
Ranch Cucamonga, California
91729
(b) The principal representative of the Grantee is:
General Manager
American Cable Entertainment
4240 North Hallmark Parkway
San Bernardino, California ~24~7
The Grantor must also send a copy of notices,
requests, deraands and other communications to:
Mr. Bruce A. Armstrong
President and Chief Executive Officer
American Cable Entertainment
Four Landmark Square, Suite 302
Stamford, Connecticut 06901
and
2
990317 11231-00001 gyc 059]890 2
Resolution No. 99-083
Page 11
American Cable Entertainment
Attn: Law Department
Four Landmark Square, Suite 302
Stamford, Connecticut 06901
(c) Notices, requests, demands, and other
communications to be given by either party must be in writing and
may be effected by personal delivery, by overnight courier, by
first class mail, or by certified mail, return receipt requested.
(d) If the name of the principal representative or
other recipients designated to receive the notices, requests,
demands, and other communications, or the address of those
persons, is changed, written notice must be given at least five
working days before the effective date of that change.
1.3. Definitions. Unless otherwise defined, or unless The
use or context clearly requires a different definition, the
words, terms, and phrases and their derivations, as used in this
Agreement, have the meanings set forth below in Section 14.
1.4. Conflicts. In the event of any conflict or
inconsistency between the provisions of this Agreement and the
provisions of Title 7, the provisions of this Agreement will
control.
1.5. Grant.
(a) The renewal authorized by this Agreement relates
to the cable television franchise agreement that was executed on
or about April 17, 1985, between the Grantor and Dickinson
California-Arizona Associates, Ltd., dba DCA Cablevision, and
later transferred to Marks Cablevision. In 1998, ownership of
the franchise held by Marks Cablevision was authorized to be
transferred to Grantee. That change in ownership was authorized
by Resolution No. 98-160, as adopted by the City Council on
September 2, 1998.
(b) This renewal extends the franchise, authority,
right, and privilege to construct, reconstruct, operate, and
maintain a cable television system in the "franchise service
area," which is more specifically described in the attached
Exhibit C that is incorporated by this reference.
1.6. Right of Grantor to Issue and Renew Franchise.
Grantee expressly acknowledges the right and authority.of Grantor
to issue and renew the franchise. Similarly, Grantee
acknowledges its obligation to pay the annual franchise fee
specified in Subsection 2.2(a), which is the maximum percentage
amount authorized by the Cable Communications Policy Act of 1984
("Cable Act") on the effective date of this Agreement. If
Congress, the FCC, or a court of competent jurisdiction alters
this franchise fee requirement, then the parties agree to comply
with applicable law.
Resolution No. 99-083
Page 12
1.7. Effective Date of Renewal. This franchise renewal
will commence on the effective date of the ordinance or
resolution authorizing that renewal, or on the date specified in
that ordinance or resolution as the effective date of renewal.
On or prior to its effective date, Grantee must file with the
City Clerk a written acceptance of the ordinance or resolution
renewing the franchise. That acceptance may be in the form of
Grantee's signature on the face of the ordinance or resolution.
On or prior to its effective date, Grantee must also file with
the City Clerk any required performance bonds and insurance
policies or insurance certificates; provided, however, that if
the filing of these documents does not occur on or prior to the
effective date of the ordinance or resolution, or within any
authorized extension of that date, the Grantor may declare this
franchise renewal null and void.
1.8. Duration. The term of the franchise renewal is three
(3) years from the effective date as specified in Section 1.7;
provided, that the initial three-year term of this franchise will
be automatically extended for an additional term to expire on
April 17, 2015, upon Grantee's completion of the upgrade of the
cable system within the time periods specified in the attached
Exhibit D. Renewal of the franchise, if any, will be in
accordance with then applicable law.
1.9. Franchise Not Exclusive.
The cable television franchise granted by this
Agreement may not be construed to limit in any manner the right
of Grantor, through its authorized officers and in accordance
with applicable law, to grant to other individuals or entities,
by franchise, permit, license, or otherwise, any rights,
privileges or authority similar to or different from the rights,
privileges and authority herein set forth, in the same or other
streets, public ways, public places, or other property that the
Grantee is entitled to occupy; provided, however, that those
additional grants will not operate to revoke, terminate, or
materially and adversely affect any rights granted to Grantee by
this Agreement. If the Grantee determines that the cumulative
benefits and burdens of an additional franchise awarded to
another cable operator, or of an agreement with a video provider,
including an open video system operator, are not comparable to
those existing under this Agreement, and the Grantee is thereby
placed at a competitive disadvantage, then Grantee may request
the Grantor to ~odify one or more provisions of this Agreement in
order to eliminate that competitive disadvantage. The parties
will meet and confer for the purpose of reviewing Grantee's
request. Any proposed modifications will be subject to the
approval of the Grantor's City Council, which approval will not
be unreasonably withheld.
1.10. Scope of the Franchise.
990311 11231-00001 SyC 0593890 2 4 -
Resolution No. 99-083
Page 13
(a) Subject to Grantee's compliance with Grantor's
permit procedures applicable to construction, encroachments, and
pole attachments, Grantee is authorized and obligated to
construct, reconstruct, operate, and maintain the cable
television system within the public streets and rights-of-way.
Grantee is obligated to undertake and to complete the upgrade of
the cable television system in the manner and within the time
period specified in the attached Exhibit D that is incorporated
by this reference.
(b) The authority granted under this Agreement
includes the privilege to use the Grantee's cable television
system in the franchise service area for the provision of both
cable television service and for the provision of such other
services as may be authorized by applicable law.
(c) Grantor reserves all rights it now has or
subsequently acquires with respect to the future authorization
and regulation of non-cable services, including, but not limited
to, the right to impose reasonable terms and conditions in
addition. to or different from those set forth in this Agreement
with respect to the provision of any non-cable services, and to
charge a franchise fee or other form of consideration or
compensation in excess of that specified herein; provided that
such terms and conditions and such franchise fee or other form of
consideration or compensation must not be in conflict with
federal and state law applicable to non-cable services; and
provided further that the Grantor and Grantee will negotiate in
good faith as to those terms and conditions and that franchise
fee or other form of consideration or compensation prior to their
unilateral.implementation by Grantor.
(d) At least 30 days before commencing to offer or
distribute any non-cable services, Grantee must provide written
notice to the Grantor of its intent to offer or distribute such
services and a description of those services.
(e) After the effective date of this Agreement, if
Grantor proposes to award an additional franchise within the
Grantee's franchise service area, a noticed public hearing must
first be held in accordance with the provisions of Government
Code Section 53066.3.
(f) Grantor and Grantee expressly reserve the right
to seek a judicial determination as to whether any particular
service offered by Grantee on its system constitutes cable
service for purposes of this franchise.
GENERAL REOUIREMENTS.
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Resolution No. 99-083
Page 14
2.1. Governing Requirements. Grantee must comply with all
provisions of this Agreement, the provisions of Title 7, and all
other applicable laws, ordinances, and regulations.
2.2. Franchise Fee.
(a) As compensation for the franchise granted by
Grantor, and in consideration for authorization to use the
streets and public ways of Grantor for the construction,
reconstruction, operation, and maintenance of Grantee's cable
television system, the Grantee will pay to the Grantor an annual
franchise fee of five percent (5%) of the Annual Gross Receipts,
as defined in Section 14 of this Agreement, received by Grantee
from the operation of the cable television system in the
Grantee's franchise service area.
(b) The franchise fee specified above in para-
graph (a) must be computed and paid by Grantee to Grantor's
Finance Department not later than 30 days after the end of each
calendar quarter. The payment for each calendar quarter must be
accompanied by a report that contains the following information
relating to that calendar quarter:
1. The total gross receipts collected by
Grantee.
2. The total number of subscribers to each tier
of service that is offered in the franchise service area at the
end of the applicable calendar quarter.
(c) If any franchise fee payment, or recomputed
amount, is not made on or before the dates specified in
Subsections 2.2 or 2.3, Grantee must pay to Grantor as additional
compensation an interest charge, computed from the applicable due
date, at an annual rate of ten percent (10%).
(d) In addition to any late payment made in
accordance with paragraph (c) above, if a payment is overdue by
45 days or more, Grantor may treat that delay as a material
breach of this Agreement.
(e) Any itemization or pass-through of franchise fees
by Grantee on subscribers' bills must be in compliance with
federal and state law. Any surcharge billed to Grantee's
subscribers that is not required by the Grantor or by any other
governmental agency to be imposed upon subscribers must be
identified as a surcharge levied solely by the Grantee. Any such
surcharge will be subject to the Grantqr's franchise fee unless
prohibited by federal law.
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Resolution No. 99-083
Page 15
2.3. Payment to Grantor.
(a) No acceptance of any payment by Grantor may be
construed as an accord that the amount is in fact the correct
amount, nor may acceptance of payment be construed as a release
of any claim the Grantor may have against Grantee for any
additional sums payable under the provisions of this Agreement.
(b) All amounts paid are subject to independent audit
and recomputation by Grantor, as provided for in Subsection 10.9..
2.4. Insurance Requirements.
(a) Upon the effective date of this Agreement,
Grantee, at its sole cost and expense, must obtain, and
thereafter maintain for the full term of this Agreement, all of
the following insurance coverages:
1. Types of Insurance and Minimum Limits. The
coverages required below may be satisfied by any combination of
primary l'iability and excess liability policies.
Ao Workers' Compensation and Employer's
Liability Insurance in conformance with the laws of the State of
California.
B. Grantee's vehicles, including owned,
leased, or hired vehicles that are used by Grantee's employees in
the course and scope of employment, must each be covered with
Automobile Liability Insurance in the minimum amount of
$2,000,000 combined single limit per accident for bodily injury
and property damage.
C. Grantee must obtain and maintain
Comprehensive or Commercial General Liability Insurance coverage
in the aggregate annual amount of $2,000,000 combined single
limit, including bodily injury, personal injury, and broad form
property damage. This insurance coverage must include, without
limitation, contractual liability coverage adequate to meet the
Grantee's indemnification obligations under this Agreement.
2. All required Automobile Liability Insurance
and Comprehensive or Commercial General Liability Insurance
policies must contain the following endorsement:
"The City of Rancho Cucamonga is added as an
additional insured as respects the Operations of
the named insured under the cable television
franchise granted by the City."
3. The insurance required of Grantee under this
franchise is primary, and no insurance held by Grantor may be
called upon to contribute to a loss under this coverage.
Resolution No. 99-083
Page 16
4. All insurance policies must provide that, in
the event of material change, reduction, cancellation, or non-
renewal by the insurance carrier for any reason, not less than 30
days' written notice will be given to Grantor by registered mail
of such intent to cancel; materially change, reduce, or not renew
the coverage. An authorized agent of the insurance carrier must
provide to the Grantor, on such schedule as is requested by the
Grantor, a certification that all insurance premiums have been
paid and all coverages are in force. If for any reason Grantee
fails to obtain or keep any of the insurance in force, Grantor
may (but is not required to) obtain that insurance. In that
event, Grantee must promptly reimburse Grantor its premium costs,
plus one and one-half percent (1-1/2%) monthly interest thereon
until paid.
5. All insurance must be obtained from
companies that are licensed to transact business in California
and that have a rating of A-VII or better in Best's Insurance
Guide.
6. The deductibles or ~elf-in~ured retentions
are subject to the Grantor's prior approval, which approval will
not be unreasonably withheld.
(b) Before the effective date of this Agreement,
Grantee must provide to Grantor written insurance binders,
statements of property coverage, certificates of insurance, or
certified copies of policies evidencing the required coverage.
(c) Grantor reserves the right to require Grantee to
increase the amount or limits of insurance coverage specified
above no more often than every three years during the term of the
franchise. Any such increase will be determined in accordance
with the procedures set forth in Subsection 2.6 of this
Agreement.
2.5. Performance Bonds.
(a) Perforr~nce Bond. During tke term of this
Agreement, Grantee may be required to provid~ ~o Grantor a
performance bond if Grantor determines Chat any construction,
reconstruction, or upgrade of the cable television system is of
sufficient magnitude to warrant a performance bond. The
performance bond, which may be a corporate surety bond, must be
in a principal sum as specified by Grantor and in a form approved
by Grantor's City Attorney; provided, however, that the principal
sum of the performance bond may not exceed $500,000. 'The
performance bond may be reduced during the course of Grantee's
construction, reconstruction, or upgrade of the cable television
system, provided that Grantee is not then in material default
under any provision of this Agreement.
(b) Performance Bond for Other Obligations. Prior to
the effective date of this Agreement, Grantee must provide to
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Resolution No. 99-083
Page 17
Grantor a performance bond to guarantee the Grantee's performance
of its obligations under thls Agreement, excluding those
obligations relating to construction referenced above in
paragraph (a). The performance bond will be in the sum of not
less than $100,000 and will be subject to and in compliance with
the following requirements:
1. The performance bond will be available to
Grantor to secure and to satisfy any and all claims, penalties,
fines, liens, fees, payments, costs, damages, or taxes due
Grantor from Grantee that arise by reason of the operation or
maintenance of the cable television system.
2. After notice and hearing requirements
specified in Section 11 of this A~reement have been satisfied, if
the Grantee fails or refuses to pay to the Grantor any amounts
due under the terms and provisions of this Agreement, the Grantor
may thereafter claim against the performance bond the unpaid
amount, plus accrued interest and penalties.
3. Within 30 days after Grantee's receipt of
written notice from the Grantor that any amount has been claimed
and received by the Grantor under the performance bond in
satisfaction of any of Grantee's obligations specified above in
subsection (1), the Grantee must restore the performance bond to
the amount required by this Agreement.
4. The rights reserved to the Grantor with
respect to this performance bond are in addition to all other
rights of the Grantor under this Agreement, including Grantor's
rights under the performance bond for construction referenced
above in paragraph (a) .
(c) Adjustments. Grantor reserves the right to
require Grantee to increase the principal amount of the
performance bond specified above in paragraph (b), and the
insurance coverage specified above in Section 2.4, no more often
than every three years during the term of the franchise. Any
such increase will be determined in accordance with the
procedures set forth in Section 2.6.
2.6. Periodic Adjustments. If the amount of the
performance bond or insurance coverage required of Grantee under
this Agreement is proposed to be increased at specified intervals
during the term of the franchise, any such increase will be
determined in accordance with the following procedures':
The increase in any amount subject to periodic
adjustment under this Agreement will be determined by
Grantor's Director of Finance as of the applicable
anniversary date of this Agreement, based upon the
Consumer Price Index, All Urban Consumers, for the Los
Angeles-Anaheim-Riverside Area ("CPI"), as published by
the United States Department of Labor, Bureau of Labor
Resolution No. 99-083
Page 18
Statistics, or its successor. The Director of Finance
will compute the percentage difference between (x) the
CPI as it existed on the later of (i) the effective
date of this Agreement and (ii) the effective date of
the most recent periodic adjustment, and (y) the CPI as
it then exists on the applicable anniversary date. The
Director of Finance will then increase by such
percentage the then current amount subject to periodic
adjustment. The adjusted amount will be rounded off to
the nearest dollar. If the Bureau of Labor Statistics
revises that index or discontinues the preparation of
that index, the Director of Finance must use the
revised index or a comparable system as approved by the
Grantor's City Council for determining fluctuations in
the cost of living; provided, however, that Grantee
will be given reasonable notice and an opportunity ~o
be heard prior to the City Council's approval of a
revised index or a comparable system.
3. RIGHTS RESERVED TO THE GRANTOR.
3.1. Reservation. Grantor reserves every right it may have
in relation to its power of eminent domain over Grantee's
franchise and property.
3.2. Deleqation of Powers. Any right or power in, or duty
retained by or imposed upon Grantor, or any officer, employee,
department, commission, or board of Grantor, may be delegated by
Grantor to any officer, employee, department or board of Grantor,
or to such other person or entity as Grantor may designate to act
on its behalf.
3.3. Riqht to Inspect Construction. The Grantor has the
right to inspect all construction, installation, or other work
performed by Grantee in connection with the franchise, and to
make such tests as may be necessary to ensure compliance with the
terms of this Agreement, so long as that inspection and testing
does not unreasonably interfere with Grantee's operations.
3.4. Right to Require Removal of Property. Consistent with
applicable law, at the expiration of the term for which the
franchise renewal is granted, or upon its lawful revocation,
expiration, or termination, the Grantor has the right to require
the Grantee to remove, within a reasonable period of time that
will not be less than 180 days, and at Grantee's expense, all
portions of its system and any other property from all streets
and public rights-of-way within the franchise service area.
3.5. Right of Intervention. Grantor has the right to
intervene in any suit, proceeding, or other judicial or
administrative proceeding in which the Grantor has any material
interest, and to which the Grantee is made a party.
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990317 112~l-0000L SyC 059]890 2
Resolution No. 99-083
Page 19
4. SYSTEM UPGRADE AND SPECIAL SERVICES.
4.1. UPQrade. The upgrade of the cable television system
to be undertaken and completed by the Grantee is more fully
described in Exhibit D.
4.2. Notices RelatinQ to Cable Television SYstem UpQrades.
(a) Notices to Local Newspaper. If requested by
Grantor, Grantee must publish two notices in a newspaper of
general circulation before commencing the cable television system
upgrade. The first notice must be published not less than 60
days prior to construction, and the second notice must be
published not less than 30 days prior to construction. Each
notice must provide a general summary of the proposed upgrade,
and a telephone number that the public may call for additional
information.
(b) Other Notices.
1. Grantee will provide to Grantor at least 60
days prior written notice of any major upgrade or rebuild of the
cable television system. Upon Grantor's request, Grantee will
provide information concerning the proposed locations and types
of equipment or facilities to be installed, such as amplifiers,
pedestals, and power supplies.
2. At least 48 hours prior to the scheduled
construction date, Grantee must provide additional notice to
residents within the proposed construction area by the use of
door hangers that set forth a general description of the
construction project, the anticipated dates of construction, and
a telephone number for the Grantee that a resident may call with
any questions or concerns.
4.3. Outlets for Public Buildings.
(a) Upon Grantor's written request, Grantee will
install, maintain, and repair, without charge, one cable drop and
one cable modem for high-speed Internet access at each of the
following facilities that is located within the franchise service
area:
Family Sports Center
Rancho Cucamonga Epicenter/Adult Sports Complex
City Yard
Animal Shelter
Rancho Cucamonga Public Library
City Hall
(b) When cable modem service is made commercially
available in the franchise service area, Grantee will provide one
cable drop and one cable modem for high-speed access to the
Internet in every public school in the franchise service area.
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99031? 11231 90COl $yC 0593590 2
Resolution No. 99-083
Page 20
(c) Grantee will provide, without charge, basic cable
service to one outlet at public facilities, including the
Grantor's facilities and public schools identified above in
paragraphs (a) and (b) .
(d) Upon Grantor's written request, Grantee will also
install, at Grantee's cost for labor and materials, additional
drops and outlets at specified public facilities and public
school buildings.
(e) All new drops and outlets requested by Grantor
under this Section 4.3 must be installed as Grantee's cable
system upgrade passes each public facility and public school
building, which upgrade must occur within the period of time set
forth in Exhibit D.
(f) Grantor will inform Grantee of the construction
of new public facilities so that exterior and interior
connections can be installed by Grantee at the time of
construct.ion in order to minimize costs. These connections will
be made by Grantee without cost to Grantor.
4.4. Emergency Alert Capability.
(a) In upgrading the cable television system, Grantee
must comply with all FCC rules and regulations relating to the
national Emergency Alert System ("EAS"). In this regard, Grantee
must provide the system with emergency override capability so as
to enable Grantor's public safety personnel and designated public
officials to cablecast emergency messages by interrupting and
overriding the audio and video signals of all cable channels
using remote coded access activation devices at one site to be
mutually agreed upon by the parties. Equipment providing for
this emergency override capability will be installed by Grantee
at this site, at no expense to Grantor.
(b) In the event of any conflict between the
federally-mandated EAS and the City's emergency override system,
the federally-mandated EAS will have priority.
4.5. Parental Control Devices.
(a) Grantee must provide subscribers, upon request
and, except as otherwise provided by law, without charge, with a
"trap," "lockbox," digital code, or similar parental control
device that enables a subscriber to block the reception of video
and audio signals from selected channels on the cable television
system, including any premium or pay-per-view channel that is
scrambled.
(b) No continuing charge for the use of any such
parental control device may be imposed by Grantee if that device
is incorporated into equipment, such as a decoder, for which a
subscriber is already paying a charge.
- 12
Resolution No. 99-083
Page 21
(c) Grantee must provide to subscribers written
instructions on the methods by which selected channels on the
cable television system may be restricted or blocked.
4.6. Technical Standards.
(a) The FCC Rules and Regulations, including Part 76,
Subpart K (Technical Standards), and any amendments or
supplements thereto, will apply to the Grantee's operations to
the extent permitted by applicable law.
(b) The headend of the cable system, satellite earth
stations, and any hubs must be equipped with an emergency power
system that is capable of providing emergency power for a minimum
of three hours.
(c) The cable system must be designed, installed, and
operated so as to comply with the following general requirements:
1. Twenty-four-hour daily operation.
2. Avoid causing interference with the
reception of off-the-air signals by non-subscribers.
3. Operate in a wide range of outdoor
temperatures that typically occur within the franchise service
area.
4. Assure that all subscribers will receive
standard color and monochrome signals on the FCC-designated
Class 1 channels without noticeable picture degradation or
visible evidence of color distortion, or other forms of
interference that may be attributable to deficiencies in the
cable system.
4.7. No Offset A~ainst Franchise Fees. In accepting this
franchise, Grantee acknowledges that the commitments specified in
this Section 4 are voluntarily assumed, and their costs will not
be offset against any franchise fees payable by Grantee to
Grantor during the term of the ~ranchise.
5. SRRVICmS, PROGRAMMING, AND CONSUMRR PROT~TION STANDARDS.
5.1. Rates and Char~es for Cable Services and E~uipment.
(a) The Grantor may regulate Grantee's ra~es and
charges for cable television services and equipment in the manner
and to the extent authorized by federal law.
(b) Grantee must establish and bill its rates and
charges for cable television services and equipment in a manner
consistent with all applicable laws and regulations.
13
9903~7 1123L-00001 $yC 0593890 2
Resolution No. 99-083
Page 22
(c) Grantee must at all times have on file with
Grantor its current schedule of all rates and charges that will
be billed to subscribers in the franchise service area.
(d) All increases in Grantee's schedule of rates and
charges for cable television services and equipment must be made
in compliance with all applicable federal and state laws and
regulations. Not less than 10 days prior to notifying its
subscribers, Grantee must notify the Grantor's City Manager of
any proposed increase in its schedule of rates and charges or any.
changes in its programming tiers. Grantee must provide written
notice to its subscribers at least 30 days prior to any change in
its schedule of rates and charges or any changes in its
programming tiers, as long as such change is within the control
of the Grantee.
(e) Within 45 days after the effective date of this
Agreement, Grantee must submit to the Grantor's City Manager a
complete list of each cable television programming package
offered by Grantee, including the expanded basic tier and any new
or reconfigured tiers. Grantee must compare that list with the
most current preceding list, and identify all programming that
has been added or deleted, previous and existing rates and
charges for cable television services and equipment, and all new
services or items of equipment that are being offered and the
applicable rates and charges.
5.2. Discounts for Senior Citizens. Grantee may offer to
senior citizens a percentage discount on subscriptions to the
basic service tier.
5.3. Leased Channel Service. If Grantee offers leased
channel service, that service must be offered at
nondiscriminatory rates, on reasonable terms and conditions, and
in accordance with applicable law.
5.4. Nondiscrimination. Grantee may not discriminate
between or among subscribers within one type or class in the
availability of services, at either standard or differential
rates set forth in published rate schedules, except as otherwise
authorized by law or by this Agreement. No charges may be made
for services except as set forth in published schedules that are
available for inspection at Grantee's office, quoted by Grantee
on the telephone, or displayed or co~m~unicated to existing or
prospective subscribers. This paragraph does not apply to offers
or promotions of limited duration.
5.5. BillinGs to Subscribers.
Grantee's billings to its subscribers within the
franchise service area will be in compliance with the applicable
requirements set forth in Exhibit E ("Consumer Protection
Standards").
990317 1123~-00001 SyC 059]890 2
14 -
Resolution No. 99-083
Page 23
5.6. Termination of ResidenTial Service.
(a) Grantee may terminate service to a residential
subscriber only in compliance with the applicable provisions of
California Government Code Section 53088.2. In addition to the
required written notice, Grantee must make a good faith attempt
to notify the affected residential subscriber by telephone of its
intent to terminate service. If Grantee improperly terminates
service to a residential subscriber, free reconnection must be
provided to tkat subscriber.
{b) Grantee must issue security or subscriber deposit
refund checks promptly, but no later than 45 days following the
termination of service, less any deductions permitted by law.
5.7. Annual Subsc: · ~ Notice. Grantee will provide to all
new subscribers and annu ~o existing subscribers, a notice to
customers that is substa y similar to the notice referenced
in paragraph (1) of Exhit ("Consumer Protection Standards").
5.8. Consumer Prot6 ..;:on Standards. Grantee must comply
with all applicable FCC ar.z state statutory standards and
regulations relatzng to consumer protection, including those
referenced in Exhibit E.
5.9. Service Interruptions. Grantee must provide to its
subscribers a minimum of 24 hours advance notice when cable
service to six or more subscribers will be subject to a planned
interruption of more than two hours. This notice may 3ce ~i"~ex~ by
means of character-generated messages on both the ~ve~nmen~aI
access channel and, with the concurrence of the operator, on the
public access channel. Notice must also be ~iven, by telephone
or by facsimile, to all operators of public, educational, and
governmental access channels, and to the Grantor's City Manager.
Whenever possible, planned interruptions should occur during
periods of minimum use of the cable system, preferably between
midnight and 6:00 a.m.
5.10. Entry on Private Property. Whenever possible, Grantee
will provide verbal and written notice to affected property
owners before entering upon their property. The notice must
include Grantee's telephone number that property owners may call
with regard to any matters related to the proposed entry.
5.11. Privac~ RiQhts of Subscribers. Grantee must at all
times protect the privacy of all subscribers in accordance with
the provisions of the Cable Act, including 47 U.S.C. §551.
6. SUPPORT OF LOCAL CABLE USAGE.
The obligations of the Grantee that relate to the
support of local cable usage, including the provision of adequate
public, educational, and governmental access channel capacity,
- 15
Resolution No. 99-083
Page 24
facilities, and financial support, are set forth in the attached
Exhibit F.
7. DESIGN AND CONSTRUCTION.
7.1. System Construction and Extension.
(a) The cable television system must be upgraded in
accordance with Exhibit D and all other applicable provisions of
this Agreement.
(b) Throughout the franchise service area, Grantee is
required to extend its cable television system in accordance with
the following provisions:
1. Grantee must make its cable television
system available to residential dwelling units in all currently
unserved or developing areas that have at least 30 dwelling units
per cable mile in areas passed by overhead cable, and at least 50
dwelling units per cable mile in areas passed by underground
cable. Subject to the foregoing density standards, Grantee must
extend the cable television system simultaneously with the
installation of utility lines. Where residential dwelling units
are located in unserved or developing areas that do not meet
these standards for mandatory extension of service, Grantee must
provide, upon the written request of a prospective subscriber
desiring service, an estimate of the costs of extending service.
Grantee may require an advance payment of those costs or an
assurance of payment satisfactory to Grantee. The amount paid by
the prospective subscriber is nonrefundable. If the unserved or
developing area later achieves the density required for mandatory
extensions of service, the amounts paid will be deemed to be
consideration for early extension.
2. Grantee must extend and make its cable
television system available to any resident requesting
connection, at the standard connection charge, if that connection
requires no more than a standard 125-foot aerial drop line from
the main feeder line. If a connection requires more than a
standard 125-foot aerial drop line, or an underground service
connection, a resident must be given the option of paying the
incremental cost for that installation.
3. Grantee may extend and make cable television
services available to isolated residential dwelling units, and to
commercial and industrial zones of the franchise service area,
based u~3on demonstrated need of the prospective subscriber and
the economic feasibility of that extension.
4. If additional territory is annexed to the
City after the effective date of this Agreement, and an incumbent
cable operator is then serving that annexed territory, then the
Grantee is not required to overbuild in order to provide cable
service to dwelling units in that territory.
16 -
990317 11231-00001 syc 0593890 2
Resolution No. 99-083
Page 25
5. Service to prospective subscribers residing
in multiple dwelling units need only be provided if,' after
evaluating the terms and conditions for access that may be
imposed by an owner or manager of such multiple dwelling units,
the Grantee determines that those terms and conditions are
reasonably acceptable.
7.2. Construction Components and TechniQues. Construction
components and techniques must comply with the terms of this
Agreement and all applicable statutes, ordinances, regulations,
and pole attachment agreements.
7.3. Technical and Performance Standards. Grantee must
construct, reconstruct, install, operate, and maintain its system
in a manner consistent with all applicable federal, state, and
local laws and ordinances, construction standards, construction
specifications, FCC technical standards, and any additional
standards set forth in this Agreement. Without limiting the
foregoing, Grantee's system must comply with all FCC regulations
that app%y to compatibility as between cable service and consumer
equipment. for receiving and recording cable programming.
7.4. Construction Codes. The Grantee must strictly adhere
to all building and zoning codes now or hereafter in force and
must obtain all necessary permits, which permits will not be
unreasonably denied. The Grantee will make every reasonable
effort to arrange its lines, cables, and other appurtenances, on
both public and private property, in such a manner as to cause no
unreasonable interference with the use of that property by any
person. In the event of such interference, the Grantor may
require the removal or relocation of the Grantee's lines, cables,
and appurtenances from the property in question. Grantee must
give at least 48 hours advance notice to all property owners, and
to the Grantor, prior to installing any above-ground or
underground structures upon easements located on private
property. Grantor will not modify its construction requirements
subsequent to the completion of construction so as to require
reconstruction or retrofit unless the public health and safety so
requires.
7.5. Construction Default. Upon the failure, refusal or
neglect of Grantee to undertake or complete any construction,
reconstruction, repair, relocation or other necessary work as
required by this Agreement, thereby creating an adverse impact
upon the public health, welfare or safety, Grantor may (but is
not required to) cause that work to be completed, in whole or in
part, and upon so doing will submit to Grantee'an itemized
statement of costs. Grantee will be given reasonable advance
notice of Grantor's intent to exercise this power, and 15 days to
cure the default. Grantee must, within 30 days of billing, pay
to Grantor the actual costs incurred.
7.6. vacation or Abandonment. If any street, alley~ public
highway, or portion thereof used by the Grantee is vacated by the
17 -
990317 11231-O0001 SyC 059]890 2
Resolution No. 99-083
Page 26
Grantor, or its use is discontinued by the Grantee, then upon
reasonable notice the Grantee may be required to remove its
facilities, unless otherwise specifically authorized, or unless
easements for cable television facilities have previously been
reserved. Following that removal, Grantee must restore, repair,
or reconstruct the area where that removal has occurred to the
condition that existed prior to removal. Upon any failure,
neglect, or refusal of the Grantee, after 30 days' notice by the
Grantor, to do such work, Grantor may cause it to be done, and
within 30 days of billing, Grantee must pay to Grantor the actual.
costs incurred.
7.7. Abandonment in Place. Grantor may, upon written
application by Grantee, approve the abandonment in place by
Grantee of any property, under such terms and conditions as
Grantor may approve. Upon Grantor-approved abandonment in place
of any property, Grantee must cause to be executed, acknowledged,
and delivered to Grantor such instruments as Grantor may
prescribe and approve in order to transfer and convey ownership
of that property to Grantor.
7.8. Removal of System Facilities. If Grantee's plant is
deactivated for a continuous period of 30 days, (except for
reasons beyond Grantee's control), and without prior written
notice to and approval by Grantor, then Grantee must, at
Grantor's option and demand, and at the sole expense of Grantee,
promptly remove all of Grantee's property from any streets or
other public rights-of-way. Grantee must promptly restore the
streets or other public areas from which its property, including
aerial trunk and feeder lines, has been removed to the condition
existing prior to Grantee's use thereof.
7.9. Movement of Facilities. If Grantor determines it is
necessary to move or to relocate any of the Grantee's property
because of a conflict with a public project, Grantee, upon
reasonable notice, must move, at the expense of Grantee, its
property in order to facilitate that public project. No such
movement or relocation may be deemed a taking of Grantee's
property. If the public project involves Graxttor's exercise of
its statutory authority to construct an~ to oDerate its own cable
system, the reasonable expenses incurred by Grantee in moving or
relocating its property will be reimbursed by the Grantor.
7.10. Underqroundin~ of Cable. Cables must be installed
under¢3round at Grantee's cost where all existing utilities are
alre&d¥ underground or all new utilities are being installed
undez~round in the area. Previously installed aerial cable will
be installed underground at Grantee's sole cost in concert with
utilities whenever all of those utilities convert from aerial to
underground construction.
7.11. Facility AQreements. This Agreement does not relieve
Grantee of any obligations to obtain pole or conduit space from
18 -
990317 11231-0000l syc 0593890 2
Resolution No. 99-083
Page 27
any department of Grantor, from any utility company, or from
others maintaining utilities in Grantor's streets.
7.12. Re~air of Streets and Public Ways. All streets and
public ways, and improvements located within those streets and
public ways, that are disturbed or damaged by the Grantee or its
contractors during the construction, reconstruction, operation,
or maintenance of the System, must be restored at Grantee's
expense, and within the time frame and limits specified by
Grantor.
7.13. Erection of Poles Prohibited. Grantee may not erect
any pole on or along any street or public way where there is an
existing aerial utility system. If additional poles in an
existing aerial route are required, Grantee must negotiate with
the appropriate public utility for their installation. Any such
installation requires the advance written approval of the
Grantor. Subject to applicable federal and state law, the
Grantee must negotiate the lease of pole space and facilities
from the existing pole owners for all aerial construction, under
mutually acceptable terms and conditions. No pole line may be
extended solely for the purpose of accommodating Grantee's
facilities. Line extensions beyond any existing pole line must
be underground.
7.14. Reservation of Street Rights. Nothing in this
Agreement precludes the Grantor from constructing, repairing, or
altering any public work or improvement. That work will be done,
insofar as practicable, in such manner as not to unnecessarily
obstruct, injure or prevent the use and operation of any property
of Grantee. However, if any property of Grantee interferes with
the construction, maintenance, or repair of any public
improvement, that property must be removed or replaced in such
manner as may be directed by Grantor so as not to interfere with
the public work or improvement, and that removal or replacement
will be at the expense of the Grantee.
7.15. Miscellaneous Design and Construction Re=uirements.
(a) New Development-UnderGround Utility Areas. Where
new construction or property development occurs, and utilities
are to be placed underground, Grantor will use its best efforts
to require the developer or property owner to give reasonable
notice to Grantee of that new construction or development.
Grantee may be involved in all design aspects of the new
construction or development that relate to the infrastructure
required for cable service, including the provision of
specifications and engineering assistance prior to construction.
The costs of easements, trenching, and construction of the
conduits required to bring cable service to the new construction
or development will be borne by the Grantee, the developer, or
the property owner, as may be agreed upon between them. Grantee
will be notified of any date on which the installation of
conduit, pedestals, vaults, or laterals will be available for
- 19
990317 11231 00001 SyC 059~890 2
Resolution No. 99-083
Page 28
Grantee's inspection. Grantee will bear all costs of installing
cable, amplifiers, and other equipment required to construct and
operate the cable system.
(b) Antennas and Towers. Antenna supporting
structures, including towers, that are owned by or operated for
Grantee must comply with all applicable electrical codes and FCC
specifications, and must be erected, illuminated, painted, and
maintained in accordance with all applicable rules and
regulations of the Federal Aviation Administration, as well as
local ordinances and regulations that require the Grantor's
approval of the siting of towers or other support structures
within the City.
(c) Tree TrimminG. Grantee is authorized to engage a
licensed tree service contractor to trim trees on public
property, at its own expense, as may be necessary to protect its
wires, facilities, and cable equipment, subject to the direction
and supervision of the Grantor. Trimming trees on private
property requires the written consent of the property owner or
occupant, and such owner or occupant must be advised by Grantee
of the right to have the tree trimming undertaken by a licensed
tree service contractor. On a project-by-project basis, Grantee
will provide Grantor with a list of licensed tree service
contractors that the Grantee proposes to use for tree trimming on
both public and private property. Each licensed tree service
contractor proposed to be engaged by Grantee must be in
possession of a valid City business license.
(d) Major Roadways. Grantee must install in conduit
all cable that passes under any major roadway.
(e) Mitiqation of Adverse Visual Impacts. Grantee
must take all reasonable measures, at its expense, to mitigate
the adverse visual impacts of all above-ground equipment in
accordance with the same standards and regulations that are
imposed by the Grantor upon other franchised cable operators and
upon public utilities. These measures may include, without
limitation, (i) the installation of landscaping and barriers to
conceal the equipment from public view; (ii) the maintenance of
the equipment in good condition, including compliance with
Grantor's ordinances requiring graffiti removal; and (iii) the
placement of overhead drops as close as possible to other utility
drops, consistent with all applicable electrical codes. Ongoing
maintenance of any landscaping required to mitigate visual
impacts is the responsibility of the property. owner or the
Grantee under Grantee's easement agreements.
(f) Use of Chalk-Based Paints. Grantee must use only
chalk-based paints to mark public rights-of-way in connection
with the construction or maintenance of the cable television
system.
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990317 i1231-0000[ SyC 059]890 2
Resolution No. 99-083
Page 29
(g) Vehicle Access to Private ProPerty. In no event
may an owner's vehicle access to private property be precluded
for more than three hours during any construction, operation, or
maintenance of the Grantee's cable system. If such preclusion is
reasonably anticipated, Grantee must give 24-hours prior written
notice to the owner.
(h) Location of Utilities. Grantee must verify the
location of all existing utilities to ensure that they are not
damaged during construction ~r maintenance of the cable system.
Grantee must be a member of Underground Service Alert and must
contact that entity 48 hours in advance of any underground
construction in order to ensure that utilities are not damaged.
Grantee is solely responsible for the replacement or repair of
any utilities that are damaged during construction or maintenance
activities.
8. PERFORMANCE AUDITS AND TECHNICAL DATA.
8.1. Annual Audit of Performance.
(a) At its option, Grantor may require that
performance audits of the cable television system be conducted
annually by an independent technical corusul~ant selected and
employed by Grantor, and at Grantor's expense, to verify that the
system complies with all technical standards and other
specifications of this Agreement. Grantee must be provided an
opportunity to be present during any performance audit, and the
Grantor must deliver a copy of the test results to Grantee. If
the test results demonstrate that Grantee has materially failed
to comply with required technical standards, the cost of the
performance audit will be borne by Grantee.
(b) Upon completion of a performance audit, the
Grantor and Grantee will meet to review the performance of the
cable television system. This performance review may include
consideration of the following:
1. The test results relating to Grantee's
compliance with technical standards and. specifications.
2. The reports required by this Agreement that
relats to subscriber complaints received by the Grantee
concerning technical problems or service-related issues.
3. The adequacy and quality of services
provided by Grantee.
4. The results of any opinion surveys that may
be conducted by Grantor or Grantee.
5. Reports submitted by Grantee or any other
person that address Grantee's compliance with the terms and
conditions of this Agreement granting the franchise.
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6. Changes in cable television system
technology and services, an evaluation of the degree. to which the
cable television system and related services conform to
established, operating state-of-the-art technology in comparable
communities, and the economic and technical feasibility of
providing interactive, addressable, and security monitoring
services.
7. Changes in state and federal laws and
regulations that affect the operation of the cable television
system.
(c) Within 30 days after the conclusion of a system
performance review meeting, Grantor will issue findings with
respect to the adequacy of system performance and the quality of
service as required under this Agreement. If inadequacies are
identified, Grantor may direct Grantee to correct the
inadequacies within such period of time that Grantor determines
to be reasonable.
(d) Participation by the Grantor and the Grantee in
this process does not waive any rights they may have under
applicable federal or state law.
(e) Upon Grantor's request, Grantee will meet with
Grantor's representatives to discuss the extent to which the
technology and services of the cable television system are
consistent with established, operating state-of-the-art
technology in cable television systems serving a majority of
comparable communities. In addition, if requested by Grantor,
Grantee will provide a written summary of the foregoing state-of-
the-art cable services or technology that Grantee has
incorporated into its system and its plans for implementing new
technology in the franchise service area. If new technology is
being used by other cable operators in comparable communities in
the United States, and Grantee does not intend to make that new
technology available in the franchise service area within the
following three years, then Grantee must fully justify this
position. Topics for discussion at these meetings may also
include the future use of interactive services, the sharing of
local production facilities with other jurisdictions, and the
provision of additional capacity for public, educational, or
governmental access channels.
8.2. SYstem Testing and Technical Data.
(a) During the upgrade of the system and thereafter,
Grantee must conduct periodic performance testing of its cable
television system, including its signal quality, in accordance
with FCC rules and regulations. Upon Grantor's request, those
test results will be provided to Grantor by Grantee.
(b) During the upgrade of the cable television
system, Grantee will incorporate test equipment wherever feasible
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in order to continuously monitor the system for outages and
signal quality.
(c) Upon Grantor's request, Grantee will provide "as-
built" system drawings and technical documentation in a printed
or, if readily available, an electronic data format. Grantor may
not disclose this information to third parties without the
Grantee's prior written approval.
(d) Grantee must maintain at its San Bernardino
office specified in Subsection 1.2(b) a file of all documents
that are required by the FCC or other governmental agencies to be
made available for public inspection during normal business hours
and upon reasonable advance notice. Grantee may charge a
reasonable fee for any copies of documents that may be requested.
8.3. Emerqencv Repair Capability. It is Grantee's
responsibility to ensure that its personnel are qualified to make
repairs, that they are available at all reasonable times, and
that they are supplied with keys, equipment location
instructions, and technical information necessary to begin
repairs upon notification of the need to maintain or restore
continuous service to the system.
9. REVOCATION, TERMINATION, OR FORFEITURE.
9.1. Revocation. Consistent with applicable law, and in
addition to all rights set out elsewhere in this Agreement,
Grantor reserves the right to revoke, terminate, or declare a
forfeiture of the franchise, subject to the procedural guidelines
set forth in Section 11 of this Agreement, if the Grantee,
whether willfully or negligently, violates any material provision
of this Agreement and thereafter fails to correct or remedy that
violation in accordance with the terms of this Agreement.
9.2. Grounds for Revocation, Termination, or Forfeiture.
Where the Grantee's violation is determined to involve any of the
following, each of which is deemed to constitute a material
provision of this Agreement, the Grantor may revoke, terminate,
or declare a forfeiture of this franchise and all rights and
privileges associated with it:
(a) Grantee's failure to make any payment of
franchise fees within 45 days after that payment is due, as
provided for in Subsections 2.2(b) and (c), unless Grantee is in
good faith contesting that payment in a court. or governmental
agency of competent jurisdiction.
(b) Grantee's failure to provide or to maintain the
insurance coverage in the amounts specified in Subsection 2.4.
(c) Grantee's failure to provide or to maintain the
performance bonds specified in Subsection 2.5.
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(d) Grantee's failure to honor its indemnification
obligations as specified in Subsection 13.4.
(e) Grantee's failure to receive and maintain all
required approvals from the Federal Communications Commission in
connection with its operation of the cable television system,
unless Grantee is in good faith contesting that failure in a
court or governmental agency of competent jurisdiction.
(f) Grantee's material violation of any final order
or ruling of any regulatory body having jurisdiction over the
Grantee relative to the cable television services authorized by
the franchise, unless that order or ruling is in good faith being
contested by the Grantee before the regulatory body or in a court
of competent jurisdiction.
(g) Grantee's willful attempt to evade compliance
with any material provisions of this Agreement or Title 7,
Grantee's repeated willful attempts to evade compliance with any
nonmaterial provisions of this Agreement or Title 7, or
Grantee's practice of any fraud or deceit upon the Grantor or
upon existing or prospective subscribers.
(h) Grantor's wrongful cessation of cable television
services to its subscribers for reasons within Grantee's control;
provided that Grantee will not be determined to be at fault under
any provision of this Agreement in any case where the performance
of that provision is excused or excusable under Section 13.2.
(i) Grantee's persistent failure or refusal to remedy
one or more violations, defaults, breaches, or incidents of
noncompliance for which lesser penalties have previously been
imposed, unless Grantee is then contesting the same in good faith
in a court or governmental agency of competent jurisdiction.
(j) Grantee's insolvency, inability to pay its debts,
or adjudication as a bankrupt.
(k) Grantee's falsification of information set forth
in any report required to be submitted to Grantor under this
Agreement.
(1) Grantee's failure or refusal to complete
construction of the cable system upgrade within the period of
time specified in the attached Exhibit D.
9.3. Removal of Property. Upon any termination,
revocation, or forfeiture of the franchise, Grantee may be
required to remove its structures and property from the Grantor's
streets and to restore those streets to their prior condition
within a reasonable period of time specified by Grantor, but not
less that 180 days. Upon Grantee's failure to do so, the Grantor
may perform the work and collect all costs, including direct and
indirect costs, from the Grantee. At Grantor's discretion, the
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cost of that work may be placed as a lien upon all plant,
property, or other assets of the Grantee or a claim may be
asserted against the performance bond referenced in
Subsection 2.5(b) .
t0. RECORDS; REPORTS; RIGHT TO INSPECT AND AUDIT; EXPERTS.
10.1. Grantee to Provide Records. All reports and records
required under this Section 10 must be furnished at the sole
expense of Grantee.
10.2. Records. Grantee must maintain at its San Bernardino
office specified in Subsection 1.2(b), and make available for
inspection and copying during normal business hours, and upon not
less than 24-hours notice, a separate and complete set of
business records that are reasonably related to the scope of
Grantor's rights under this Agreement, or Grantor's regulatory
functions.
10.3. Maintenance and Inspection of Records. Grantee must
maintain accurate books and records, in conformity with generally
accepted accounting principles, showing all receipts, expenses,
loans, payments, investments of capital, and other transactions
relating to the cable television franchise. Grantor, upon
reasonable notice, has the right to inspect those records and to
receive copies to the extent that information is reasonably
related to the scope of the Grantor's rights under this
Agreement, or Grantor's regulatory functions; provided, however,
that Grantee may refuse to authorize the copying of any documents
that are marked "confidential" or "proprietary" in accordance
with Grantee's customary business practices. To the extent
authorized by law, Grantor will protect the confidentiality of
information contained in Grantee's business records that are
deemed by Grantee to be proprietary.
10.4. Reports of Financial and ODeratin~ Activitv.
(a) Not later than 90 days after the close of each
fiscal year of Grantee during the term of this Agreement, Grantee
must submit to the Grantor a financial report, certified by a
designated financial officer of Grantee, that sets forth the
annual gross receipts from all sources within the franchise
service area, the annual gross subscriber revenues derived from
each tier of service in the franchise service area, the total
amoku%t and basis for the computation of annual franchise fees
paid to Grantor, and such other relevant facts as may.reasonably
be required by Grantor to verify the accuracy 'of the payment of
annual franchise fees.
(b) During the term of this Agreement, and upon
Grantor's request, Grantee must submit reports concerning any or
all of the following operational matters:
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1. A summary of Grantee's activities within the
franchise service area including, but not limited to, services
added or discontinued, changes in technology, and the number of
new installations.
2. A current list of Grantee's officers,
directors, and other principals.
3. A summary of outage records and routine
service-related calls received from subscribers for installation
and service. If Grantee's collection and tabulation of
subscribers' service calls and complaints covers a geographic
area that is more extensive than the franchise service area, then
Grantee must use its best efforts to estimate the number of such
service calls and complaints originating in the franchise service
area and must inform the Grantor of the methodology used in
making those estimates.
4. A summary of subscriber complaints that were
referred to Grantee by the Grantor, including the subscriber's
name, date of referral, nature of the complaint, and the
corrective action taken.
5. A description of the nature and purpose of
any new construction that is anticipated to commence within the
following two years.
6. A certificate of compliance stating that
Grantee is in full compliance with the Consumer Protection
Standards set forth in Exhibit E.
10.5. Performance Tests and Compliance Reports. Not later
than April 15 of each year, Grantee must provide a written report
of any FCC or other performance tests required or conducted. In
addition, Grantee must provide reports of any tests and
compliance procedures required by this Agreement not later than
30 days after the completion of those tests and compliance
procedures.
10.6. Additional Reports. The Grantee must prepare and
submit to the Grantor in writing, at the times and in the form
reasonably prescribed by Grantor, all additional reports that may
reasonably be required with respect to Grantee's compliance with
the provisions of this Agreement.
10.7. Corm~unications with ReQulatorv A~egcies. Copies of
all non-routine and material communications between the Grantee
and the Federal Communications Commission, or any other agency
having jurisdiction in respect to any matters affecting the cable
communications operations authorized by this Agreement, must be
submitted to the Grantor within 10 days after their receipt or
submittal by Grantee.
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10.8. Inspection of Facilities. Upon reasonable notice, and
during normal business hours, Grantee must permit inspection, by
any duly authorized representative of Grantor, of all franchise
property and facilities of Grantee situated within the franchise
service area.
10.9. RiQht to Audit.
(a) In addition to all other inspection rights under
this Agreement, upon 10 days prior written notice, Grantor has
the right to inspect and audit, during normal business hours, all
documents pertaining to the Grantee that are related to the
Grantor's enforcement of its rights under this Agreement;
provided, however, that the Grantor may not exercise this right
more frequently than once in any 12-month period, nor may
duplicative inspections and audits be conducted for those periods
of time that have previously been subject to examination. Those
documents will be made available at the Grantee's local office.
All documents pertaining to financial matters that may be the
subject of an audit by the Grantor, as set forth herein, must be
retained by the Grantee for a minimum of three years. Access by
the Grantor to any documents covered by this subsection may not
be denied by the Grantee on grounds that those documents are
alleged to contain proprietary information, but copying may be
denied as provided for in Subsection 10.3. To the extent
authorized by law, information derived from any records
identified by Grantee as being proprietary will be held in
confidence by Grantor, except as may be necessary to administer
and enforce the franchise.
(b) Any audit conducted by Grantor under this
subsection will be conducted at the sole expense of Grantor, not
more frequently than once every three years. Grantor will
prepare a written report containing its findings, a copy of which
will be mailed to the Grantee for its review. Grantee must
reimburse Grantor for the expense of any such audit if, as the
result of that audit, it is determined that there is a shortfall
of more than three percent (3%) in the amount of franchise fees
or other payments that have been made or will be made by Grantee
to Grantor under the terms of this Agreement. Such reimbursement
must be made by Grantee within 20 days of written notice from the
Grantor.
10.10. Retention of Experts. When deemed to be necessary
for the exercise of its rights under this Agreement, Grantor has
the further right to retain technical experts and other
consultants to ensure compliance with and enforcement of the
provisions of this Agreement. The Grantor will bear the cost of
retaining those experts unless either of the following is
applicable:
(a) The Grantee has initiated proceedings that would
normally require the Grantor to retain experts or
consultants, such as the filing of a request for approval of
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990317 11231-00001 $yC 0593890 2
Resolution No. 99-083
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a transfer or a change in control, renewal of the franchise
(to the extent allowed by law), expansion of the franchise
service area, or the modification or amendment of this
Agreement; or
(b) The reports of those experts or consultants as
submitted to the Grantor reveal that the Grantee has failed
to substantially comply with the terms and conditions of
this Agreement.
If either paragraph (a) or (b) is applicable, Grantor and Grantee
will meet and confer for the purpose of determining whether all
or some portion of the costs incurred by Grantor will be
reimbursed by Grantee.
11. ENFORCEMENT PROCEDURES.
11.1. Notice and Hearinq uoon Grantee's Default.
(a) Unless otherwise provided in this Agreement,
prior to formal consideration by Grantor of any termination,
revocation, or forfeiture of Grantee's franchise, or the
imposition of any fine, penalty or administrative remedy
available to Grantor, including liquidated damages, attributable
to Grantee's failure, whether willful, negligent, or otherwise,
to comply with the terms and conditions of this Agreement,
Grantor must make written demand on Grantee to correct the
alleged default. Grantor and Grantee will expeditiously meet to
discuss the alleged default, at which time Grantee must indicate,
in writing, the period of time reasonably required to cure the
default. Giving due consideration to Grantee's request, Grantor
will at that meeting, or within three days thereafter, state in
writing the period of time Grantor will allow Grantee to resolve
the problem. During this time period for cure, but in no event
less than 20 days before the final date for correction, Grantee
may request additional time to correct the problem, and Grantor
will grant that request if Grantor reasonably determines that
such additional time is necessary due to delays beyond Grantee's
control. If the default continues for a period of 20 days after
the deadline for correction, including any authorized extension
of time, a hearing before the City Council will be scheduled by
Grantor with regard to franchise termination, revocation,
forfeiture, or the imposition of any other appropriate fine,
penalty, or administrative remedy.
(b) The City Manager will provide to Grantee written
notice of the hearing, including the grounds for the proposed
action, not less than 10 days before the hearing. That written
notice will also describe the procedures to be followed by the
City Council to determine whether cause exists for termination,
revocation, forfeiture, or the imposition of fines, penalties, or
remedies. At a minimum, those procedures will afford the Grantee
adequate notice and a fair opportunity for full participation,
including the right to introduce evidence, to require the
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Resolution No. 99-083
Page 37
production of evidence, to question and to cross-examine
witnesses, and to obtain a transcript of the proceeding at
Grantee's expense. At the hearing, the City Council will hear
Grantee, and any other person interested in the matter, and will
determine, at that or at any continued hearing, an appropriate
course of action for enforcement of the franchise. All decisions
of the City Council will be in writing and will include findings
of fact and conclusions. A copy of the decision will be
transmitted to the Grantee. The decision of the City Council
will be final and dispositive but without prejudice to Grantee's
right to pursue any remedies provided by state or federal law.
11.2. DeleQation. The proposed imposition of remedies,
such as liquidated damages or monetary penalties, that do not
involve termination, revocation, or forfeiture of the franchise
may, at Grantor's option, be determined by an officer, employee,
or agency of the Grantor to which it may delegate these
administrative decisions, subject to due process and the criteria
contained in this section, and subject to Grantee's right to
appeal to the City Council.
11.3. StOP Work Notice. If any construction is performed
by or on behalf of Grantee in a manner that does not comply with
the provisions of this Agreement, the Grantor's Public Works
Director, or any other designee of the Grantor's City Manager,
may order the work to be stopped. That order to stop work may be
made by written notice and served upon any person engaged in or
responsible for the construction. No work that is stopped may be
resumed until authorized by the Public Works Director or other
designated representative of the Grantor.
11.4. Authorized Fines, Penalties, and Other Sanctions.
(a) Grantor may impose fines, penalties, and other
sanctions as set forth in this Subsection 11.4 for defaults
under, or incidents of noncompliance with, the provisions of this
Agreement. Grantor must first give Grantee written notice of the
alleged default or incident of noncompliance in accordance with
Subsection 11.l(a) and an opportunity to correct the problem.
(b) Following the exDiration of any specified period
within which Grantee is directed ~o cure a default or an incident
of noncompliance, the following fines, penalties, and other
sanctions ~y be imposed by Grantor after the hearing required
under either Subsections 11.1 or 11.2:
1. For Grantee's failure to comply in any
material respect with any of the design and construction
standards set forth in Section 7 of this Agreement, a penalty not
to exceed $250 may be imposed for each day that the incident of
noncompliance has not been remedied by the Grantee.
2. For Grantee's failure to comply in any
material respect with the periodic performance testing
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990317 ~1231 00001 $yC 3593890 2
Resolution No. 99-083
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requirements set forth in paragraph (a) of Subsection 8.2 of this
Agreement, a penalty not to exceed $250 may be imposed for each
day that the incident of noncompliance has not been remedied by
the Grantee.
3. For Grantee's failure, in any material
respect, to maintain or to provide any books, records, reports,
or other documents in the manner and at the time specified in
this Agreement, a penalty not to exceed $250 may be imposed for
each day that the incident of noncompliance has not been remedied.
by the Grantee.
4. For Grantee's failure to comply in any
material respect with any of the Consumer Protection Standards as
specified in Exhibit E to this Agreement, excluding violations of
the four-hour scheduling requirement for service connections or
repairs, a penalty not to exceed $250 may be imposed for each day
that the incident of noncompliance has not been remedied by the
Grantee.
5. Subject to the limitations imposed by
Section 1722(b) of the California Civil Code, if Grantee fails to
commence a service connection or repair within a specified or
agreed-upon four-hour period, the Grantee must provide to the
subscriber one of the following, at the subscriber's option:
(i) free service connection or repair; or (ii) a credit to the
subscriber's account in the sum of $20.
6. For any other default or incident of
noncompliance that is material and that is not specified in this
Subsection 11.4, a maximum penalty not to exceed $250 may be
imposed upon Grantee by Grantor for each day that the default or
incident of noncompliance has not been remedied by the Grantee.
12. CONTINUITY OF CABLE TELEVISION SYSTRM SmRVICES.
12.1. Continuity of Service. The parties acknowledge that
it is the right of all subscribers to receive all services
authorized by this Agreement so long as they honor their
financial and other obligations to the Grantee. During Grantee's
upgrade of the system, and upon any future sale of the system,
Grantee must use commercially reasonable efforts to provide
continuous service to subscribers. In the event Of purchase by
Grantor, or a change of franchisee, Grantee will cooperate with
Grantor or the new franchisee to operate the system for an
interim period in order to maintain continuity of service to all
subscribers. If Grantee intentionally abandons all cable
services on a system-wide basis for 72 continuous hours, and
Grantee is in material default of this Agreement, or if the
franchise is revoked by Grantor, then Grantor may, by resolution,
when reasonable cause is deemed to exist, assume operation of the
system on an interim basis for the purpose of maintaining
continuity of service. Grantor's operation of the system may
continue until the circumstances that, in the judgment of the
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990~17 11231~00001 ~yC 059]890 2
Resolution No. 99-083
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Grantor, resulted in the cessation of cable services are resolved
to Grantor's satisfaction. Grantor is entitled to receive all
revenues and is responsible for all obligations and liabilities
during any period in which it operates the system.
12.2. Operation and Manaqement BY Grantor.
(a) During any period when the system is being
operated by Grantor under Subsection 12.1 above, Grantor will
attempt to minimize the disruption of operations in a manner
consistent with the maintenance of continuing service to
subscribers. Notwithstanding the foregoing, Grantor may, as it
deems necessary, make any changes in any aspect of operations
that, in Grantor's sole judgment, are required for the
preservation of quality and continuity of service. During that
period, Grantor will also maintain to the best of its ability the
system's records, physical plant, financial integrity, funds, and
other elements normally involved in operations.
(b) Grantor may, upon assuming operation of the
system, appoint a manager to act for it in conducting the
system's affairs. That manager will have such authority as may
be delegated by Grantor and will be solely responsible to Grantor
for management of the system. Grantee must reimburse Grantor for
all reasonable costs, in excess of system revenues retained by
Grantor, that are incurred during Grantor's operation if the
franchise remains in effect during the period of Grantor's
operation.
13. MISCELLANEOUS PROVISIONS
13.1. Assiqnment, Transfer, Sale, and Chanqe of Control.
(a) As specified in paragraph (F).of Subsection
7.02.020 of Title 7, consummation of the following transactions
related to this franchise, or involving the Grantee of this
franchise, requires the prior written con~ent of the Grantor's
City Council expressed by resolution after a public hearing,
which consent will not be unreasonably withheld, and then only
under such conditions as may be prescribed:
(1) The sale, transfer, lease, assignment, or
other disposition of the franchise, in whole or in part, whether
voluntary or involuntary; provided, however, that such consent is
not rec/uired for a transfer in trust, mortgage, or other
hypothecation for the purpose of securing an indebtedness of the
Grantee relating to the construction, reconstruction, operation,
or maintenance of the cable television.system. A transfer,
assignment, or other disposition of the franchise may be made
only by an instrument in writing, a duly executed copy of which
must be filed in the office of the City Clerk within 10 days
after the consummation of that transfer, assignment, or other
disposition.
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Resolution No. 99-083
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(2) Any merger, consolidation, reorganization,
business combination, or other transaction wherein or whereby ten
percent or more of the ownership interests in the Grantee or in
any parent company of the Grantee, will be affected and control
of the Grantee will change or be subject to change. As used
herein, "control" means the possession, direct or indirect, of
the power to direct or cause the direction of the management and
policies of the Grantee. A duly executed copy of any written
instrument evidencing the closing and consummation of any such
transaction must be filed in the office of the City Clerk within
10 days after the closing and consummation of that transaction.
(b) In determining whether it will consent to any
transfer, assignment, or other disposition of the franchise, or
to any transaction affecting the control of the Grantee, the
Grantor may evaluate the financial, technical, legal, and other
qualifications of the proposed transferee or controlling person.
Grantee must ensure that the proposed transferee or controlling
person submits an application, in the form required by Title 7,
or by any applicable federal law, prior to the closing date of
the proposed transaction. After considering the financial,
technical, legal and other qualifications of the proposed
transferee or controlling person, the City Council may, by
ordinance or resolution, authorize the proposed transaction,
subject to such conditions as may be in the public interest.
Grantor's consent to any such transaction may not be unreasonably
denied or delayed.
(c) Grantee and its proposed transferee or
controlling person are jointly and severally responsible for
reimbursement to the Grantor of all costs and expenses reasonably
incurred in evaluating and processing the application related to
the proposed transaction. These costs and expenses may include,
as may be determined by the Grantor to be reasonably necessary,
the following: costs of administrative review; financial, legal
and technical evaluation of the proposed transferee; costs for
technical experts and consultants; notice and publication costs;
and document preparation expenses. Grantor will send Grantee an
itemized statement of those costs and expenses reasonably
incurred, and Grantee will pay that amount within 20 days after
receipt of that statement. Unless otherwise agreed to by the
Grantor and the Grantee, such costs and expenses will not exceed
the sum of $15,000.
(d) The requirements of this Subsection 13.1 do not
apply to the restructuring of debt or to the transfer of
ownership interests between existing equity owners of any of the
entities identified in the attached Exhibit B; provided, however,
that the Grantee must provide to Grantor not less than 30 days
prior written notice of that proposed transaction and must
represent that such transaction will have no foreseeable effect
on the management and operation of the Grantee's cable system in
the franchise service area.
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Resolution No. 99-083
Page 41
13.2. Force Majeure.
(a) If Grantee's performance of any of the terms,
conditions, obligations, or requirements of this Agreement is
prevented or impaired by any cause or event beyond its reasonable
control and not reasonably foreseeable, that inability to perform
will be deemed to be excused, and no penalties or sanctions will
be imposed. Those causes beyond Grantee's reasonable control and
not reasonably foreseeable include, but are not limited to, acts
of God, civil emergencies, labor unrest, strikes, inability to
obtain access to an individual's property, and inability of the
Grantee to secure all necessary authorizations or permits to use
necessary poles or conduits so long as Grantee exercises due
diligence to timely obtain those authorizations or permits.
(b) where any cause or event is beyond Grantee's
reasonable control and is not reasonably foreseeable, and that
cause or event only partially affects Grantee's ability to
perform, Grantee must perform to the maximum extent possible. In
that event, Grantee must give written notice to the Grantor of
any such cause or event within five business days after Grantee
has learned or should have learned of its occurrence.
(c) . Grantee's compliance with the terms, conditions,
obligations, and requirements of this Agreement will not be
excused on the basis of increases in the cost of performance,
changes in economic circumstances, or nonperformance by an
employee, agent, or contractor of the Grantee.
(d) Nothing contained in this Subsection 13.2 will
be deemed to limit Grantee's rights under 47 U.S.C. § 545, as it
now exists or may later be amended, to seek modifications of
franchise requirements based upon "commercial impracticability."
13.3. Possessorv Interest. By accepting the franchise,
Grantee acknowledges notice was given to Grantee, as required by
California Revenue and Taxation Code Section 107.6, that use or
occupancy of any public property under the authority set forth in
this Agreement may create a possessory interest that may be
subject to the payment of property taxes levied upon that
interest.
13.4. Indemnification. Grantee will indemnify, defend, and
hold harmless the Grantor, its officers, agents and employees,
from any liability, claims, damages, costs, or expenses,
including reasonable attorney's fees, arising out of or
attributable to the exercise or enjoyment of the franchise
renewed pursuant to this Agreement. Grantee, at its sole cost
and expense, and upon demand of Grantor, will appear in and
defend all suits, actions, or other legal proceedings, whether
judicial, quasi-judicial, administrative, legislative or
otherwise, instituted by third persons or duly constituted
authorities, against or affecting Grantor, its officers, agents,
or employees, and arising out of or pertaining to the exercise of
33
990317 1~231~00001 S¥C 0593890 2
Resolution No. 99-083
Page 42
rights arising under the franchise within the franchise service
area, and injury to persons or damages to property proximately
caused by any conduct undertaken by the Grantee, its agents,
employees, or subcontractors, by reason of the franchise.
13.5. Receivership and Foreclosure.
(a) At the option of Grantor, this franchise will
terminate 120 days after the appointment of a receiver, or
trustee, to take over and conduct the business of Grantee,
whether in a receivership, reorganization, bankruptcy or similar
action or proceeding, unless chat receivership or trusteeship is
vacated prior to the expiration of that 120-day period, or
unless: (i) the receiver or trustee, within 120 clays after that
appointment, fully complies with all th~ terms and provisions of
this Agreement, and remedies all ~efaults ~nder this Agreement;
and (ii) the receiver or trustee, within that 120-day period,
executes an agreement duly approved by the court having
jurisdiction in the matter, whereby that receiver or trustee
assumes and agrees to be bound by each and every term, provision,
and limitation of this Agreement.
(b) In the case of a foreclosure or other judicial
sale of the plant, property, or equipment of Grantee, or any part
thereof, including or excluding this franchise, Grantor may serve
notice of termination upon Grantee and the successful bidder at
that sale, in which event this franchise, and all rights and
privileges of the Grantee under it, will terminate 30 days after
the service of that notice, unless: (i) Grantor approves the
transfer of the franchise in the manner provided by this
Agreement; and (ii) the successful bidder covenants and agrees
with Grantor to assume and be bound by all the terms and
conditions of this Agreement.
13.6. Conflict of Interest. The parties agree that, to
their knowledge, no member of the City Council, nor any other
officer or employee of Grantor, has any interest, whether
contractual, non-contractual, financial or otherwise in this
franchise, or in other business of the Grantee, and that if any
such interest comes to the knowledge of either party at any time,
a full and complete disclosure of that information will be made
in writing to the other party, even if that interest would not be
considered a conflict of interest under applicable laws. Grantee
covenants that it has, at the time of execution of this
Agreement, no interest, and that it will not acquire any interest
in the future, direct or indirect, that would conflict in any
manner with the performance of its obligations'under this
Agreement. Grantee further covenants that, in the performance of
its obligations, no person having any such interest will be
engaged or employed.
- 34
Resolution No. 99-083
Page 43
13.7. Resolution of DisPutes.
(a) Disputes regarding the interpretation or appli-
cation of any provisions of this Agreement will, to the extent
reasonably feasible, be resolved through good faith negotiations
between the parties.
(b) If any action at law or in equity is brought to
enforce or interpret any provisions of this Agreement, that
action must be initiated in federal or state courts located
within Los Angeles County or San Bernardino County, State of
California, regardless of any other possible jurisdiction or
venue. In addition, the prevailing party in any such action is
entitled to reasonable attorneys' fees, costs and necessary
disbursements, in addition to any. other relief that may be sought
and awarded.
13.8. Waiver bv Grantor. The Grantor has the right to
waive any provisions of this Agreement, except those required by
federal or state laws or regulations, if the Grantor determines
(i) that it is in the public interest to do so, and (ii) that the
enforcement of such provision will impose an undue hardship on
the Grantee or its subscribers. To be effective, a waiver must
be in writing and signed by a duly authorized representative of
the Grantor.
13.9. Severability. If any provision of this Agreement is
determined by a court of competent jurisdiction to be invalid or
unenforceable, the remaining provisions will not be affected
unless their enforcement under the circumstances would be
unreasonable, inequitable, or would otherwise frustrate the
purposes of this Agreement.
13.10. Amendments. This Agreement supersedes all prior
proposals, agreements and understandings between the parties and
may not be modified or terminated orally. No modification,
termination or attempted waiver of any of its provisions will be
binding unless in writing and signed by the party against whom
the same is sought to be enforced.
13.11. Binding UDOn Successors. This Agreement is binding
upon and inures to the benefit of each of the parties and to
their respective transferess, successors and assigns.
13.12. Counterpart Execution. This Agreement may be exe-
cuted in multiple counterparts, each of which is deemed to be an
original and all of which constitute one and the same'instrument.
13.13. ADDlicable Law. This Agreement and the transactions
contemplated by it are to be construed in accordance with and
governed by the applicable laws of the State of California and of
the United States.
35 -
990317 112~l'00001 $¥C 0593890 2
Resolution No. 99-083
Page 44
14. DEFINITIONS.
a. Defined Terms. For the purposes of this
Agreement, the following words, terms, phrases, and their
derivations have the meanings set forth below. When not
inconsistent with the context, words used in the present tense
include the future tense, and words in the singular number
include the plural number.
"Basic Service" or "Basic Cable Service" or "Basic
Service Tier" means the lowest service tier that includes the
retransmission of local television broadcast signals, including
those of public, educational, and governmental access channels.
"1984 Cable Act" means the Cable Communications
Policy Act of 1984.
"!992 Cable Act" means the Cable Television Consumer
Protection and Competition Act of 1992.
"Cable Act" means the 1984 Cable Act as amended by
the 1992 Cable Act and by the Telecommunications Act of 1996.
"Cable Operator" means any person or group of persons
(i) who provides cable service over a cable system; or (ii) who
controls or is responsible for, through any arrangement, the
management and operation of a cable system.
"Cable Service" means the one-way transmission to
subscribers of video programming, or other programming services,
and subscriber interaction, if any, that is required for the
selection or use of that video programming or other programming
service. For the purposes of this definition, "video
programming" means programming provided by, or generally
considered comparable to programming provided by, a television
broadcast station; and "other programa%ing service" means
information that a cable system operator ~akes available to all
subscribers generally. For the puzl~oses of this Agreement, and
subject to future changes in federal law, the term ',cable
service" includes high-speed data services that are provided to
subscribers within the franchise service area.
"Cable System" or "Cable Co~nunication 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 that includes video programming'and that is
provided to multiple subscribers within a community. The term
"cable system" does not include:
{i) a facility that serves only to
retransmit the television signals of one or
more television broadcast stations;
- 36
Resolution No. 99-083
Page 45
(ii) a facility that serves subscribers
without using any public right-'of-way;
(iii) a facility of a common carrier that
is subject, in whole or in part, to the
provisions of Title II of the
Telecommunications Act of 1996, except that
such facility will be considered a cable
system (other than for purposes specified
in Section 621(c) of the 1984 Cable Act) to.
the extent such facility is used in the
transmission of video programming directly
to subscribers, unless the extent of such
use is solely to provide interactive on-
demand services;
(iv) an open video system that complies
with Section 653 of Title VI of the
Telecommunications Act of 1996; or
(v) any facilities of an electric utility
that are used solely for operating its
electric utility system.
"Complaint" means a billing dispute in which a
subscriber notifies Grantee of an outage or degradation in
picture quality that is not corrected following the initial
telephone or service call.
"Control" or "Controllinq Interest" means actual
working control in whatever manner exercised, including, without
limitation, working control through ownership, management, or
debt instruments, as the case may be, of the cable system or the
Grantee.
"QroD" means the cable and related equipment
connecting the Cable System's plant to equipment at the premises
of a Subscriber or the facilities of the Grantor.
"Education Chan~el" means any channel where
non-profit educational institutions are the primary designated
programmers.
"FCC" means the Federal Communications Co~ission or
its designated representatives.
"Franchise" means a written undertaking or action of
the Grantor that authorizes a specific person to use the
Grantor's streets and public ways for the purpose of installing,
operating and maintaining a Cable Television System to provide
Cable Service.
"Government Channel" means any channel where a local
government agency is the primary designated programmer, and the
- 37 -
990317 11231-00001 SyC 0593890 2
Resolution No. 99-083
Page 46
programming is informational programming regarding government
activities and services.
"Grantee" means the person or entity to which a
Franchise is granted for the construction, reconstruction,
operation, and maintenance of a Cable System, and the lawful
successors, transferees, or assignees of that person.
"Grantor" means the City of Rancho Cucamonga, acting
by and through its elected governing body, or such representative.
as the governing body may designate to act on cable matters in
its behalf.
"Gross Annual Revenue" or "Gross Annual Receipts" or
"Gross Receipts" means all revenue, as determined in accordance
with generally accepted accounting principles, that is received,
directly or indirectly, by Grantee from or in connection with the
distribution of any Cable Service within the franchise service
area, and any other service provided within the franchise service
area that may, under existing or future federal law, be included
in the Cable Act definition for the purpose of calculating and
collecting the maximum allowable franchise fee for operation of
the system, whether or not authorized by any franchise,
including, without limitation, leased or access channel revenues
received, directly or indirectly, from or in connection with the
distribution of any Cable Service. It is intended that all
revenue collected by the Grantee from the provision of Cable
Service over the system, whether or not authorized by the
franchise, be included in this definition. Gross Annual Revenue
also specifically includes any revenue received, as reasonably
determined from time to time by the Grantor, through any means
that is intended to have the effect of avoiding the payment of
compensation that would otherwise be paid to the Grantor for the
franchise granted. Gross Annual Revenue also includes any bad
debts recovered, and all advertising revenue that is received
directly or indirectly by Grantee, or any other person, from or
in connection with the distribution of any service over the
System or the conduct of any service-related activitF invoi¥lmc3
the System. Gross Annual Revenue does not include: (i) the
revenue of any person to the extent that such revenue is also
included in the Gross Annual Revenue of Grantee; (ii) taxes
imposed ~y law on Subscribers that Grantee is obligated to
collect; and (iii) amounts that must be excluded pursuant to
applicable law; and (iv] bad debt.
"Headend" means that central portion of the system
where signals are introduced into and received from the balance
of the system.
"Leased Channel" or "Leased Access Channel" means any
channel where someone other than Grantor or Grantee is sold the
rigbus to air programming.
38 -
990~17 11231-00001 ~yc 0593B90 2
Resolution No. 99-083
Page 47
"Monitorinq" or "TaDDinm" means observing or
receiving a signal, where the observer is neither the sending nor
receiving party and is not authorized by the sending or receiving
party to observe that signal, whether the signal is observed or
received by visual, electronic, or any other means.
"Pay Cable," "Pay Service," "Premium-Service" or "Pay
Television" means signals for which there is a fee or charge to
users over and above the charge for Basic Service, including any
tiers of service; provided, however, the sale or lease of studio
facilities, equipment, or tapes to local users are not deemed to
be pay or premium services.
"Person" means any individual, corporation,
partnership, proprietorship, or organization authorized to do
business in the State of California.
"Plant" means the transmitting medium and related
equipment that transmits signals between the Headend and
Subscribers, including Drops.
"Pole Attachment Amreement" or "A~tachment Amreement"
means any agreement with the Grantor, with any other governmental
entity, or with any public utility re~ating ~o the Grantee's use
of utility poles, ducts, or conduits.
"Promram" or "Promramming" means the information
content of a signal and the act or process of creating that
content, whether that content is intended to be pictures and
sound, sound only, or any other form of information.
"Promrammer" means any person who provides program
material or information for transmission by means of the System.
"Property of Grantee" means all property owned or
leased by Grantee within the franchise service area in the
conduct of its Cable System business under a Franchise.
"Public Channel," "Access Channel," "Community
Service Channel" or "Community Channel" means any channel for
which members of the public, or any community organization, may
provide nonadvertiser supported programming.
',Residential Dwelling Unit" or "Dwellinm Unit" means
a home, mobile home, condominium, apartment, cooperative unit,
and any other individual dwelling unit.
"Service" means any kind of service or type of
benefit provided by Grantee, or any group of related benefits
made available to any person, that involves the use of a signal
transmitted via a Cable Television System, whether the signal and
its content constitute the entire service or comprise only a part
of a service that involves other elements of any number or kind.
39 -
990~17 11231 00001 SyC 059]890 2
Resolution No, 99-083
Page 48
"Service Area" or "Franchise Service Area" means that
territory within the City of Rancho Cucamonga that is
specifically described in Exhibit C to the franchise agreement.
"Service Interruption" means the loss of picture or
sound on one or more cable channels.
"Service Tier" or "Tier" means a category of Cable
Service or other services provided by a Cable Operator and for
which a separate rate is charged by the Cable Operator, other
than per channel or per event programming or packages of per
channel or per event programming.
"Streets" means the surface of, az%d t~e space above
and below, any public street, sidewalk, alley, or other public
way or right-of-way of any type.
"Subscriber" means any person electing to subscribe
to, for any purpose, a service provided by Grantee by mear~9 of or
in connection with its Cable System.
b. Terms Not Defined. Words, terms, or phrases not
defined above in paragraph (a) shall first have the meaning as
defined in the Cable Act, and next in Title 7, and next the
special meanings attributable to their use in any industry,
business, trade, or profession where they commonly carry special
meanings. If those special meanings are not common, they will be
defined as set forth in commonly used and accepted dictionaries
of the English language.
15. AUTHORITY ;%ND EFFECTIVE DATE.
15.1. AuthoritY. The persons signing below represent that
they have the requisite authority to bind the entities on whose
behalf they are signing.
15.2. Effective Date. This Agreement will become effective
as of the date specified in Subsection 1.7. It is the intention
of the parties that the Grantee will first execute this Ac3reement
and then su~mit it to the Grantor. The City Clerk will insert
the effective date in all coua~terparts of this A~3reemnt, attest
to their execution by a duly authorized officer of ~he Grantor,
and transmit one or more fully executed counterparts to the
Grantee.
- 4O
7903[7 [1231-0000t $¥C 0593890 2
Resolution No. 99-083
Page 49
TO EFFECTUATE THIS AGREEMENT, each of ~he parties has
caused this Agreement to be executed by its duly authorized
representative as of the date set forth below the authorized
signature.
APPROVED AS TO FORM:
AMERICAN CABLE ENTERTAINMENT
COMPANY, LLC, a Delaware limited
liability company
By: Bruce k.~~~~
P esir d ne t and Chi(~f Executive Officer
APPROVED AS TO FORM:
Corporate Counsel
- 41
990317 11231 00001 S¥C 0593890 2
Resolution No. 99°083
Page 50
EXHIBIT A
TITLE 7 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE AS ADOPTED AND
IN EFFECT ON THE EFFECTIVE DATE
OF FRANCHISE RENEWAL
Resolution No. 99-083
Page 51
EXHIBIT B
OWNERSHIP
The ownership of American Cable Entertainment
Company, LLC, is described as follows:
The Grantee, American Cable Entertainment Company,
LLC, is a wholly-owned direct subsidiary of ACEC Holding Company,
LLC, a Delaware limited liability company ("ACEC Holding"). The
ownership of ACEC Holding is as follows:
(i) an aggregate of 5~.8% of ACEC Holding is owned
by Providence Equity Partners L.P. and Providence
Equity Partners II L.P., which two limited
partnerships are affiliates of Providence Equity
Partners, Inc. of Providence, RI;
(ii) 39.2% of ACEC Holding is owned by Societe
Generale Capital Corporation, which corporation is an
affiliate of Societe Generale, of New York, NY; and
(iii) 2.0% of ACEC Holding is owned by Bruce A.
Armstrong, the President and Chief Executive Officer
of Grantee.
Resolution No. 99-083
Page 52
EXHIBIT C
DESCRIPTION OF THE FRANCHISE SERVICE AREA
[TO BE SUPPLIED BY GRANTOR]
- C-1
990317 11231~00001 SyC 0593890 2
Resolution No. 99-083
Page 53
EXHIBIT D
GRANTEE'S TECHNOLOGY IMPLEMENTATION PLAN
I. DESCRIPTION OF GRANTEE'S UPGRADE OF THE CABLE SYSTEM
No later than December 31, 1999, Grantee will submit to
Grantor its schedule relating to the proposed upgrade of the
cable system within the franchise service area. Grantee will
upgrade the cable system in its entirety, throughout the
franchise service area, to 112 channels (750 MHz bandwidth).
This upgrade will include the installation of a fiber optic
backbone, which will reduce trunk amplifier cascades and thereby
enhance system reliability and picture quality.
CONSTRUCTION OF THE CABLE SYSTEM UPGRADE
A. Grantee will commence construction of the cable
system upgrade by January 1, 2000, and will complete the upgrade
in its entirety, throughout the franchise service area, not later
than December 31, 2001.
B. Grantee's upgrade of the cable system will be in
compliance with all FCC technical standards, as they now exist or
may later be amended or supplemented.
C. Grantee's upgrade of the cable system will be in
compliance with all applicable construction standards that are
set forth in this Agreement, including those relating to the
undergrounding of network facilities.
III. INCENTIVE FOR TIMELY COMPLETION OF THE CABLE SYSTEM UPGRADE.
A. If Grantee completes construction of the cable system
upgrade by December 31, 2001, then the term of this cable
television franchise awarded by Grantor will be automatically
extended for an additional term to expire on April 17, 2015.
B. If construction of the cable system upgrade has not
been completed by Grantee by December 31, 2001, and that
noncompletion is neither excusedby Grantor nor attributable to
an event of "force majeure" specified in Subsection 13.2, then
there will be no extension of the term of this cable television
franchise and, in its sole discretion, Grantor may impose the
penalties or sanctions set forth in Section IV.
IV. PEN~T.TIES FOR FAILURE TO COMPLETE CONSTRUCTION OF THE CABLE
SYSTRM UPGRADE BY DECEMBER 31, 2001
If Grantee fails to complete construction of the cable
system upgrade by December 31, 2001, and that failure is not
excused by Grantor, nor attributable to an event of "force
majeure" specified in Subsection 13.2, then Grantor may, in its
discretion, impose the following penalties or sanctions, as may
be appropriate under the circumstances:
- D-I
990317 ~1211-00001 syc 0593890 2
Resolution No. 99-083
Page 54
A. Proceed against the surety on the performance
bond relating to construction of the upgraded cable system, which
performance bond is provided for in Subsection 2.5(a) of this
Agreement.
B. Impose a monetary penalty upon Grantee in an
amount up to $250 for each day beyond December 31, 2001, during
which Grantee has failed to complete construction of the cable
system upgrade, as provided for in Subsection 11.4 of this
Agreement.
C. Revoke, terminate, or declare a forfeiture of
the cable television franchise in accordance with the procedures
specified in Subsection 11.1 of this Agreement.
990317 11231 00001 syc 0593890 2
Resolution No. 99-083
Page 55
EXHIBIT E
CONSUMER PROTECTION STANDARDS
Grantee's Notifications to Subscribers.
Grantee will provide to all new subscribers and
annually to existing subscribers, notifications that are
substantially similar to those attached as Schedule 1 to this
Exhibit E.
2. General Standards for Consumer Service and
Protection.
Grantee must meet or exceed all applicable consumer
service standards that are customary in the cable television
industry and that are recommended or required by the following:
(a) Federal statutes, and the rules, regulations,
and orders of the Federal Communications Commission, including
the following:
(i) The provisions of Section 76.309(c) of
Title 47 of the Code of Federal Regulations, as
it now exists or may later be amended, a copy of
which is attached as Schedule 2 to this
Exhibit E; provided, however, that strict
compliance with these provisions will not be
required during such time as the upgrade is
under construction, as provided for in
Exhibit D.
(ii) The provisions of Section 76.630 of Title
47 of the Code of Federal Regulations, as it now
exists or may later be amended, a copy of which
is attached as Schedule 3 to this Exhibit E.
(iii) The provisions of Section 551 of Title
47, United States Code, as it now exists or may
'later be amended, a copy of which is attached as
Schedule 4 to this Exhibit E.
(b) The provisions of California Government Code
Sections 53054, 9_% S~q., entitled the ~Cable Television and Video
Provider Customer Service and Information Act, a copy of which is
attached as Schedule 5 to this Exhibit E."
(c) The provisions of California Government Code
Section 53088, et $~q., entitled the "Video Customer Service Act,
a copy of which is attached as Schedule 6 to this Exhibit E."
(d) The provisions of California Civil Code Section
1722(b) (1)-(6) relating to service or repair transactions between
cable television companies and their subscribers, a copy of which
is attached as Schedule 7 to this Exhibit E.
Resolution No. 99-083
Page 56
Unless preempted by paramount federal law, the
consumer service standards referenced above that are the most
stringent, and that afford the greatest degree of protection to
consumers, will apply to Grantee's operations and activities in
the franchise service area.
990317 [!231 00001 SyC 0593890 2
Resolution No. 99-083
Page 57
Resolution No. 99-083
Page 58
HI-DESERT CABLEVISION RATE SCHEDULE
e rate structure listed below meets price guidelines and remains
nsistent with regulations established by the Federal Communications
mmi-~sion, as well as the terms of our fr, mchise agreements with local
ramunities. You must subscribe to Limited Basic Service in order to
bscribe to the Cable Programming Services.
SIC $ER',ICES
TfID B.~iC $ERqCE
~LE PRO~R.ed,'dL~G SERVZES
~.\Z).~,D SF..R¥ICE 1'ER
irenet rental
· ~c conYerter
reed Guide
~Jt~onal Outlet
E.%U1.'M SERVICES
O
0~rl'BE.~tC
cP, Z'./I~¢0 RE
02
,mium/P~
RATE
13.00 Channels 2-14, 17, 18, 19
19.30 Channels 23-54, 58, 62
32.30 All of the above channels
2.00 for each addressable converter
1.51 for each basic convefier
i.~ trix included
11.25 A la carte
!1.25 A la carte
11.25 A [a cane
8.95 A la cafie
5.95 for both channels
0.00
6.43
ffUJ.&TION SERHCE$
.,ular Installation 35.00
~om ln.~a!lation Cost Plus
:Litional Outlet Installation35.00
:onn~ 26.25
hove trap / 1~er Change 17.50
16 total
34 total
50 Lotal
Free with purchase of HBO
Premium semce on addJtio~ converter(s)
GenenJ price for movzs, $3.95, or as.
speci~ pined Adult n~es: $5.95 / $8.95.
$35.00/hr, minimum I hour billing
$35.00/hr. plus c~ o[ m~,
minimum I hour billing
$35.00~our, minimum I hour billin~
Seasonal or non-pynm, nininm ~
milll'
.' ,A,I,io~ me needed to comptm above smite(s) over dm minimum d'm~ m billed
t5 ~uz additional incrmenu. ~ll mnminm& tms~ dr~ rdocaes, innils o-r
~ a an ho~ly me of $35.00 in 15 himroe incmnms (~75/15 mtnu~) plus the
~ of m,~erials.
~ CK~aGF~ & $E~XlCES
z~-~ble ~ m ~pm~t 50.~ ~um or ~M co~
~d ~ice ~ 35.~
~ ~<k ~ (~y ~n) 12.50
~m ~nice ~ge
~ ~ m o~ce 1.~
~o ~ice 3.~ per outlet
e ~ 4.75
and ~ do no( include applicable Federal, State and local Laxes, fnnchise fees,
~ or related ~-~. The appUcable amount wdl be added to ~h bill. The F¢C
ReguJaLo~.' fee Ls $.0~ per month
CHANNEL LINE-UP
Eli NETWORK DESCRIPTION
LIMITED RA~IC CHANNELS
I HOME THEATER I C~Per.~,k,,s' Mm~es and Esem~
2 KC~
3 IRX~'P/-3. Iz~ F. ditio~ Ne~$ ~ :~4 & :5..i, PSA's, Schools & Iz~ On~,mion
4 K)tBC NBC
7K~8C
9 1(CAl.
Io Wl'SS Spore, spemls a~l Mo~
L~
61odd~,~ ,~lm~, Ori~naJ .'~-ies, Spore & F~ily .Pmp-Jms
' 4 {IH!~M~ SffOIq'!~ Nff110" IIome Shoppinl
16 y Free silh IIBO- Or Emerlainmem / Family Package including
I? Fl~lONtd. ACC~ Oripnal I.h'e Prop'mmin~ Spore and GenenJ Entemiamem
18 LocM ~hool Pro&ramming
19 C-S?AN : 24.hour ~bUc .Uhirs Progrmming
ZO THE DISNEY QIK%W.L Famib Entem~nmem. Classic Okqnev Films and O~linal Pr~
21 ffNCO[~. ill! M~ies o~ rite '6Os, ';'Os & 'SOS '
Z! 5TAJ~ Blocld~ae' Umies
CABLE PROGRAMMING $ER¥1CE CHANNELS
24 Vll I 24.fio6r C0mmpor~.' V~deo ~lu.~ Channd
25 AMERICANMO~E~CS Cla~Mo,~[mmO~e'.~Ale' o~lloU.w,'ood
:'7 ~ 21-hour Spore PmlrmmmAg..~e~s and lmo _,~.
18 CIOI !4-1~r In-dq~ .~ss, Business, :~om mt ~,'e'~r
31 Pll,~ al~ Cembmous PTo~ G~ide / PI~ A PTemmnl
32 NkSIMI. LENEllgO~ Emp--' -~m,)~andrBhing, T
33 ~ ~ areacame rro~mnl mr omen
41 OIBC Z4.hour Cornmet ~ and B~sme~ Clunnei
Resolution No. 99-083
Page 59
CABLE TELEVISION SUBSCRIBER's PRIVACY RIGHT NOTICE
· the course of providing cable television ser~ice. it is necesary to maintain certain
i~orm.-uion regardin8 our cnslomes. Under the Cable Communicaior~ Act of 1984, we
a~ required to provide ~ n~c.e to advise our subscribers of the limitaions under
Fede~ Law upon the collection and disclosure of such personal infomufion.
~'e collect the following ~1:es of personally identifiable information regar~ our
subscribers: .~ame; address building ~orrn~on: locations and number of ldevision sets
conn~ed to the ~em; place of empio.~,.nt: telephone number (both home and work);
social securi~' number(s); ciriver's license number(s); 'b~ Iwment and credit
records: k','els of sere subscribed.to; maintenance and'h.q~air records; convetes and
other cable eqttipment on subscriber's premises (i~ any.); and subscriber complaints and
correspondence.
~;e use such personal ~onnat~on regarding our subscribers only [or legitimate business
purposes reded to the pro,ision of services o, er our cable sy~em. Such uses incJude
m.~nlln~on. disconnection, reconnection, billing. collection, maintenance, research,
m,-~rketing. ~x and accounting purposes.
The ~pes of person whom personal ~ormation my be disclosed in the course of our
cable business include our employs, agents. ai'filiates, sales representyes,
accounits. billing and collection sen~ces, companies, programming suppliers, prnsrm
guide soppbers and authorized representa~s of the local fnnchisin8 antholty and
and federal gox~eruments.
Personal in[ormation will be disclosed o~ as f~uenliy as needed to conduct legitimate
business a~ities and such ~orm,.uion will be maintained by the cable systm only so
long as it is neces,~. for legitimate bnsin~ puqx)ses. Thereafter, such in[omulion ~
be desu~e:l unless there are pending requests for act. ess to such inlesnalina ei~
the affeCl~l subscriber or pursuant to co~ order. Records'~l be minlainnl as ~ ~s
we prox~de ser,~ce to the subscribe' and the period of teentim kr ~ ~abscriber who has
terminated senice could be as ]on8 a~ 10.veals.
L:rtless we obtain appropriale written or dinrunic consent fz~om the affected subscriber,
such a court order, the affected subsm~ m~ be notified be~ disclosure can be
and contest the disclosure of such ingornmon only if it offes dear and convinmg
e~ictence that the subi~ of the ~ormation is reasonably so.qx~ of ensa~n8 in
crin~ acrid' and t~ the infonmion sought would be material evidence in the case.
Under Federal law, we are also allowed to disclose subscribers names and addre~ for
purposes ~hich are not related to the provision of cable service over the cable system.
Howe,'er, subscribers have the righi to prohibit or limit such ~ If you would
pre.[er that your name and/or addtea not be disclosed, you may fill out a non-dL~osure
form ~ttich you can obtain ~m our local business ol~ce and return it to us. When we
disclose names and addresses got any purpose, we are not allowed to alLy. lose the
of vie~'ing or any other uses made of the sen'ices we provide, nor can we disclose the
3
nature of particular transactohs made using the cable ~zem. W'~out appmpr~e
or eleccromc consent from the affeoed subscriber. we canno~ use the cable
collect personal in[onmfion uuless it is neces~.' to render a .,~'x'ice to the subsc=~. ~
conneaion with the cable s~.mm, or to detect unauthorized ~"eption.
infom~on at our ~ bus~ss o~ce, plense no~.' u~ ~d an ~ppoinnnm
an'an~i ~ for sud~ inspeoion during regular bu.qne~ hou~
~y pmon ~ b.v an act of a cable ope~or in riobtion on 'hnamom on
coilearn and disdosure of subscriber pesonal ~orm:aon described in the Pr~.:
Noa:e and Section 631 of the Commonk:aions .~ of 198.~. as :artcoded. 4' L'.S.C. sect
551, may bring ~il action in a United States court.
FCC EQUIPblENT COMPATIBILITY N'OTIFIC3=TION
Things you should know about how I. li-I)ese~ Cabletron worb ~th your T¥ or VCR
(;O.¥VERT~ BO.'~
One of Ihe reasons you subscribed to I.li. Desen Cabl~on ~ tha we offer
channeb of programming ~n ~ ~ able to re~'e off-the-at. Some of you may I,~
TV receives and VC, Rs ~t can tune to all chamds we pro,,ide. O~ers ma,,' ~xe o1~
prow ~on wi~ an ~ ~ m-top c~'~er a the cost of $2.00 per
or you ntay chonse m buy a basic c~'ener · a ~'~il oain.
~mis~lh~ of cable chmslsasd so?our ~' or V(X l~os~,~it n~.' ha~e be
~ and VCRs sdd in ~ U.S. no, cannot be called"cable re~. - unkss th~ compb' ~
new requirerims, indudin8 ae ~ to proil.' ~e ~le ~
In addilion, became Hi.Desto C.,ab~ion scnmbles cemin channds we offer,
need an -~ con~ta' with a built-in d~o'umbler should you wL~ to
th~ dreads even if.~.ou have a rece~'er ~ tunes our ~ie channds.
The set-top mrerter ~l 'con~' ~e cable damds to dmnd 3 on .~r fi:.
undemt~l a~t ~e process of con~v. rting all of our chaneb ~o ctmnd 3 ae-"ns)~ c
only rea~ one channd a a time thron~ the com'en~r This menns that camffean~
of your TV ad VC~ aat depeod on dread rain8 of th~ ~'ices tlut .'~x~ ~'ill not
able to use. !:or inmnce, ap~ one pt~an while ~'achin8 ~notha; ~ordin8 t~.o,
more consecutive pro~ that appear on di~,ren~ ,'t~nneb. and the use of picture~
picture may no~ be possible wi~ont addin'onal equipaco~.
Should you wish to use some of the fenties noted atx~e. Ei-Deml Cabletron
provide you with ~pplemenai equipmin. This equipment might include an addi~ot
that will enable you ~o by.pass the converter and tune all un.'~.,-,,t~:l dmneb with yc
TV or VCP,. Piece conlact u~ ~3~rding )'our ~'i.~es and we ~ be lupF,.' to ~ .~
4
Resolution No, 99-083
Page 60
~duJe of ch~es for ~uch equipmeaL
~ ~ ~e~en a ~ ~m.
~ ~:~ H ~ a ~ (m ~ "pro ~." "b~k ~," or "~"), ~u
~ B.~ ~n. ~ ~ ae n~ to p~ o~ ~ ~,
~tO~ CO~O~
:~ ~. ~( ~ ~b~ ~ ~ mote c~J ~ ~' ~t me ~a ~r W or
~ ~n~ ~. Y~ ~ pm~' ~d mhm ~.~J ~ ~ ~ ~ or
~ ~. ~e foUo~8
~ Big ~ ~ For ,~ tH. ~ )bC 10. )bC 20. ~ ~bt~ M~k
.~ ~-8, T~ ~n 15~Z.
~ 241-7~ dung no~ b~in~ ho~.
~9:~ LM - I:~ PM
CONSOLIDA~D N~C~ONS
~~o~ Z~,SB
p~u~ ~ ~le (e~
~on s~ ~ compl~ ~: b~ ~s ~der ao~ ~8 ~n~ao~,
~ ~ ~empt to con~ ~ou ~d ~en ~.~h~ule ~e ~ -~on a a c~t ~e for
~. A ~nsibte p~ ~er ~e ~e o~ 18 m~ ~ r~a ~u,~g ~ ~on to
~ao~ ae ~ ~d s~p for ay ~mpm~t n~. ~' ~ ~ m ~ ae ~on
~ d~ no~ ~q~h Four
Ser~ce c~ ~ handled b~ your calling our service/repair line, 241-8670 at any lime, 24
bouts ~ ~ ~aea ~ a week. AH service.wide o~ ~ ~m mo~ litan one
iamedt~dy at any ~ne prior to 9:30 PM. Any individual semce-vade out,es after 9:30
pM ~ s:bedWed ~ hen ~ for sat~ty reasaa Individ~ ~ chnnd ~
or p~iems m handled on a tat call fi~ sewd b'Lis.
If you gill have a compbint concermg the technical quarry e(tbe cable Idevision s~sr~ts
~e provide to you AF!~ ranact wi~h our service dqmtmm, pime put your complY.:
in ~ifia$ and send it to ~ ~ ohbe GENERAL MANAGE~ 12490 BusLae~ teatel
D~, S~e O~ ~ CA 92~92. ~ [orml tumidaim m~et ~ ~e
~:~ic~l qu~di~ w ~le teteisina sisals ~ be 1o~pt-in, on le =ne-d~/oi m:eilx,
nd the d,~., time and nature d be complaint v, ill be noted, as wil see nine, addess
A s/sin en~eer ~11 'a~bl[,/~ ~ cmpi~int nd ~ an ___*,s~=~_ _ as to i~
be investpied by a semce m ,,~ Z4 !e~s d ~apt, aeistea wi~h our
ability to access your praises if such acce~ is deaaed necesary · resolve your
comphinL lI Ibe pnllm can be t~sdved Mlhout x serdce call to your Preafises, you will
be advisai o~ this immedia~ mt the resolution d the comphint ~ be noted in the ~
All eftore ~ be tmie by our senice tedmiciaas and other mployees to ~esolve any
comp~ camml ~e ~ q~' o~ ser~ lineal ~ ~our
Omxm ~ ~ pm,ade a L~q~e F,~l)1100£ You tm also mlUeSt a
~ HAI~BiX)K a ~ ~ime simidy by. cailint Ihe bus~ess ~e a 241'7848 or bY
~ froa 9:00 All. 5..00 ~t,~40~-FR1 a,~ 9:00 AM- k00 pM Saurd~ The b,ziness oice
tetq~ num~' is ~4 ~-i~48:11e ~,ice & rep~r tdetlme meier is ~41-8670.
!lr ~ hive a billing question, please c, ail ~ b~ness o~ce during b~ hours. We
will ~ to help you wilh in!,.' quegioas in a prompt, comleoas manner. If you hive a billing
~resemtive. ~1~: ~ ~11 no~ saliled, pk, ae ~ to spes~ wie.a ~s ~apaw~r, who
should be ~ie to help you. If ~'ou are siill disputing your b~n[, please me to us about
your billing compisi~ and se~d it to OFFICE ,',LL',iAGER, 12490 Business Center Dr, Suite
One, Victorlie, CA 9~39Z. '~'e v, ill ~t~'e ~'our billing cUspute within 30 ~ys or exp~
to you why your compLlint c.innot be resoived within the 30 day lime frlme from when
6
Resolution No. 99-083
Page 61
we recened your wnnen complaint. ALl customer correspondence and electronic banking
p~ne~ts should be sent Io ~e busin~ olRce.
Your cable semce may be disconnecled due to non-pa)TaenL hi addition, ally paymellts
made a[te'the due dat~ ~1 incur a LATE FEE. Payment of aU charges must be made bdore
sen~ce is r~ored !o your accamL I[ ~u ~u~ discxmm~wJ du~ Io noo.paymal you will
also be billed for any unmumed equipam. P, mming lite equipam ~ only rdieve
.~our responsibiiJ~' for equipmere cha3es. Beiore you ~ disroamed, you ~ ~
a ~ond bill no~.'ing you rka your acco~ is I=S due. A Lg~ R~ ~ be aided. A ~
c~blqrm vii] also be sat! prior I~ your discamea~ 'mdica~ Ihe anOlial due and a
equipram is mined -offor by = 'hard' dis:m~ in ~ ~c~ is dismum:~ :~
the e~emenl or point of enm/. In eidw' cue, E you a'e discone3_ _~ a RECD~O,N
O!ARG£ ~ be aided to your a:coa~. The ta:ammm dat~ ~ fee, e~pmea
cha~ (i~ ~) ad ~ p,ast due atouas ms be I~1 in ~ bdore ~r service ~ be
restored, either ~I .~our prc, sati adcln~ or any futu~ add~ i~ which you ~ widen our
No one can make changes or deletions to your account except you, the account holder;
or your legal spouse. We ask you to provide us with your social security number,
telephone number and driver's license nmber for account identicalJoe and security.
purposes. Lf you fail to pro,de adequm identicalion information sail.shoot7 to Hi.
l:~n Cablev~sion to establL~ iden~y and creditwore~ness, we m,"y rehse to pro~,'ide you
with service or make changes to the account.
We v,~ notiiy you at least 30 days in advance prior to any rate changes or cktnges in the
channd lineup. We v,~l not offer any services to you in violation ot' ~tate Business &
Professional Code 22770. '~'e h.~e been in compliance wth Ihe rate and cu~ service
sundards set fo~ ~, Televtsi~ k~axialke since August o~ 1989. ~ v,~l meet or exceed
an)' new standads set for~ by. ~he KC or local franchisin8 aue, otees as the~ become
eifec~ve. it is our goal to provide you with the besl possible sera:e at all ~imu.
The following local franchising ~ mqr be contacted Io matst you whenever you
are not .,arisfled with our service(s). ~ ~ croix:ting any fragJk~ authori~,.
pl~ t~ to resolve your comldael: al per IIle policies and pnx:edues ahoy, as the
~anchising authon~/~ill ask that you de ~o prior Io [onmlifia~ J~rdt complaint.
VICI'OROVILLE .~PPLE VAI.LL:Y SAN BDNA~DL~O COIJNIT HESPERLA
~TT~: CiTY RL~..~GER ,~TT~: CABi~ TV~ AUTHORITY A.TN: MANAGER
14343C~'ICDRIVI-:P.O. BOX429 157W. F11:THST, 2MFLRP.O. BOX2966
~,lCTOI~'ILLE, C.~~PLE V.~LLEY, CA S.~ I~P~I,~O, CA!iESPEP~ CA
92392 92307 92415-0450 92345
(760) 955-5028 (760) 240-7000 (909) 387-6006(760) 949 7000
Business o 241-7848
Service o 241-8670
e-mail o hidescatv@aol.com
7
IMPORTANT
CUSTOMER
INFORMATION
HI.DESERT
006-23/7089 998
Resolution No. 99-083
Page 62
HI-DESERT CABLEVISION RATE SCHEDULE
~e rate structure listed below meets price guidelines and renufins
nsistent with regulations established by the Federal Communications
)mmil~ion, as well ns the terms of our franchise agreements with Local
ramunities. You mnst subscribe to Limited Basic Service in order to
bscribe to the Cable Programming Services.
SIC SERVICES RATE
,QT~ B.~i¢ SERVICE 13.~ ~n~ 2-14, t7, 18, 19 16 ~
B~ PR~K~%L~G ~l~ 19.~ Ch~ 23-~, 58, 62 34 t~
~x~.~ S~3~ ~R 32.~ ~ M ~e ~ c~n~ 50 ~
=ve~ ~ 2.~ for m~ ~le ~n~ner
>~c c~x~ i.51 [or~ b~con~
~t~ Gu~e I.~ ~x indu~
~ 11.25 A~e
O~N~IC 11.25 A ~ ~e
x~x~ 11.25 A la ~e
~'CO~ ~.95 for ~ chnn~
~um ~' Acc~ 6.43 ~ ~e on ~ ~n~(s)
gf.U.LATION SERVICES
~ IxutaHation 35.00
kom lnmllafion Cost Plus
~ooa~ Oudet tn.~911nmion35.00
connect 26.25
move trap / Tier Change 17.50
$35.00/hr., 'nunimum I hour ~
.minimum I hour b'dlinl
$35.00/hour, m'mimm I hour billing
rdT~ CH. LRGES & SERXlCES
p~"~ble Damage to Equipment 50.00 minimum or areal cost
,~d 5emce ~ 35.00
nun C~ec..k ~ (any re.on) 22.50
.=,mira Sen'ice Change 1~99
~,'ener s~o m o~ce 1.99
1 Radio Senice 3.00 per outlet
:e Cka~ 4.75
rxtes and charges do no~ include applicable Federa. I, State and local taxes, [ranchise fees,
r~harges or retated d~ges. The applicable amount will be added to each bill The FC, C
n~ Regul~ fee is S.O~ per mont~
Cli NETWOILK
I HOME~ !
:' ItCnS
3
S ItTtA
7KA~C
9~
IO~
16 ~2
18 ~0~ K~
CHANNEL LINE-UP
DE$CRJFHON
LIMITED RA~iC CHAh%ZLS
Local Ediboa News · 2¢ & :5-i, I~'s. SchooLs & Loc:d Ori~mam
Public armdca.q~
Blecld~,~'
CABLE PROGRAMMING SERVICE C~
~/~ Y~ ~'s ~/~ ~' Pm~
24-kmr Mustc,,]deo Channd
F~lucs~mi and Idamate !~gmmml for ~ .~
g.~ / ~~i~ N~'ork
1 T~ ~ ~
~ ~ ~g. ~ ~d ~te~g
~ ~, ~ ~o~ ,
~ ~1~ ~ ~ng ~d ~p ~.~g
Z~h~r
~v-P~-~T~ Mm~ ~
Resolution No. 99-083
Page 63
CABLE TELEVISION SUBSCRIBERs PRIVACY RIGHT NOTICE
[n ~e con~ of proxiding cable telo, i~ z,r~ice. il is ~ to trsain~in c~ain
idorrr~on ~,,g~ling our cmomm. Under ~e Cable Comm,,,,~ons Act
are requited to pro~ie ~s nolice to ad,,~ our suln, aihm of ~ 'imtnions under
Federal ~' upon the collection and disclosure o! ~h pemmi infonmion.
g'e coU~ ~ following ~t~s of penonal~.' idontilial~e information reganting our
subscribm: .~ame; atktt'ess building infonmion: locations and number ohdevism t,~ts
conne~ed to the ~em; place ofempi~'nen~: telephone rimbet (bo~ home and~O;
~ secu~' number(s); driver's ticer~ numbe'(s); billin~ p~nent and credit
records: l~els of service sulncribed-to; maintenance and't'g~' remS, comet~ and
o~her cable equipment on sut~ber's premises (if any.); and subscribe' complaints and
£orfespollde~'e.
~'e m ~h perso~ information regarding our ~ubscribers only for 'legm~ businto
purposes rdated to the pro¢,sion o[ services o~r our cable s~tem. Such uses include
install.~aon. disconnection, teconnection, billing. collection, minichance, resm~,
marketing. m and accoun~g purposes.
The t).t~'s o~ person ~ personal information ~ be disdoa~l in ~he course of our
cable business include our empl .oyces, agents. a/filintes, sales represen~es,
accotmmts. billing and collection sen'ices, cornpines, pro~ning ~ptien, program
guide suppl~ and aueorimi reptesma~ of
and federal go~rtunents.
bttsiness act~im and such informaim will be mmmned
long as it is necesmy. for legitimale bm~ss p~ '[h~nn~ such in6mm~ will
~.e pr~ide .~,v,~:e ~o ~ ~m'iber and ~ pmod d reinsion for a sulnmber ~d~ Im
~ermim~l z,~ice could be as Io~ a~ 10 .vein.
~ a corm order, the a~s:~l ~ must be nopsi ~ disdo~re ~ be
and cont~ the disclom'e of sud~ inJmmlion only if il o&s's dent md cominmg
crimml ac~.' and ~ the infonmion ~ ~,'ould be nmsinl ~ in ~ case.
L'nder Feder',d ~w, we ~ R~o allowed to disdose sutmaber's rames axl ~ for
p~ ,,,ttich ~ nm ~ to the provision of ~le semce over the ~ s,/nsn.
tto~,'e,,'er, subsctibe~ In,,'e the ri~ to prohibit or
~refer tt,~t your tt~me and/or addre~ ~ be disclosed, ,/on n~ 611 out a non-dLq:iosure
form ~,"~h you can obtm from our local busin~
disclose names ~1 ~[dresses for any purpose, ~,'e ~ not allowed to disdose the extent
of ;.i~.mg or any other uses made of the sen'ices ~e prmide, nor can v,,e disd~ the
3
nature of pa~cular u'ansactions made rang ~e cable ~em. ~'~out approp~:
or dectronic consin [tom the a~emd subscriber. we cama use the cable
request con'eOion of any erro~ in such infonmion. I[ .~ :,hoold desire to
inforrna~ n our local hosiness oBce, pime n~.' us '.~ an appoinm~t
a'ra~ prmp~ for ~h inspinion du~ ~ hoane~ horn.
Any person a~grie~,d ~' an m o/a cable operaor in ,,iolmon on limitmons
t'~,Jce md Sinion 631 ~the Cooununk:n~ons m o~ 198~.
'~51, may bring civil action in a Un,i~ St~ coup.
FCC EQUIPMENT COMPATIBIliTY .~OTIRCATION
One of d~e reasons you suimribed Io Hi-Desert Cal:~t~on is
channels o~ !x'ognnmng tim you ~ ~ to fettle off. tbe.~ Some of .,,ou m
TV m:em~ and VC.~ ~a can tune m all dinntis we p~'i&.
or )q~u may choose m b~' a Izmc came~ al a mail oust
go~mnglhe ~ a~c3ble ctmads ~lso.~our ~' or ;'C]L bo~'e;er it
need an addft. _,~ conymet ~ a built-in (lecr'4mbler .<~ould .~ ~ to
undenmd ~a ~e process of~ dl d o~r clmnds to dmnd 3 mnns'.
only ream ~e dur~ It a me dlmuSb ~ co~. 11~is me2ns d~ ceruin f
able to use. For instance, ~ one proInto a'l~ watching anothe~
mo~e co~,cutive pmwa~us tha~ appear on d~emu champs. and the use of Pic
Should you wish to use some of ~ features uo~ a~e. i~-Desert Ca~ie~
~ w~ enable you to ~.pass the conveyer and ~e ~ u~,,~
~ or ¥~ Please contact us regarding your ,~,'ishes and we ~ be haps' to
4
Resolution No. 99-083
Page 64
~ of cha3es [or such ecNipmen~ In addiaon..~u n~.' par.~ by-pass ~ches
.~1 addia~ condom in ~ o~.
~ ~ .~ ~ D~ ~G C~.~n ~' ~/o~ ~ ob~ ~m
~ ~ ~ ~ ~
~0~ ~0~
~ ~ it b ~=bE ~ ~ ~m~ con~l ~ ~' h~ ~ ~a ~ W or
~ ~t ~m. You ~ probe* ~ ~ ~ ~eU ~ ~ ~ ~m or
~ ~ ~e ~mg ~
~ ~g ~, One For .~
CONSOLIDA~D
~. ~ ~ ~ eider ~ .~1 or
~ )~u p~ ~ ~%t or PSi ~tmenl ~indo~: ~ ~'e ~o~ ~ ~e ~nt,
~ ~ ~em~ to con~o ~ou ~d ~en ~,~ule ~e ~.c ~il:t~ ~ ~ ~1 ~ for
)~u. A ~ible p~' ~x'er ~e ~e of 18 must ~ p~nt ~u~g ~e ~ to
~o~ ~e ~ ~d ~i~ for ~y
~d ~e~ ~ no ~nsib[e p~' print. ~'e m~x' ~d ~ ~p ~ to ~y ~b~t
~on ~t(s). ~bu m~' ~u~
~uu ~ not ~q~ ~our ~nsib~' to h~'e ~ ~n~ble p~ p~t ~m~ ~e
~on ~m~ent
Se~c~ c~Ls ~ handed by)~ur carling our ser~V~air line. 241~670 at any tin~ 24
hours a day, ~n da~s a weelc ~11 service.wide outages that affect more than one
or probhmas m handled oat tim call ffm sened h~
~ inovick m m AITI~ ~ ~th cmr ~,~ce depmm~ plesse pm you~ cmph~t
in wrJdn8 and send it to ~e ,ff~ (~ ~ GEilBLL MAIIAG~ 12490 8u.q~ Orelet
be in~ b,/a service tedmJ~ within 24 horn o{ r. dlX, ~ with our
~'di~ to a:~.e~ your premises if such acce~ is deemed necessa~ to resolve your
compia~ ~ the ~,chnic~t qua..' o~ sere promp~ ~ ~ l~our
StI!S(]HIER I{~[}~101( ~ an,/time sin~ ~ c~g ~e laninm o~o~ a 24t-7848 or I~
Our Busings o~e is !ocal~d at 12490 Business Om~ Dr., ~te (~ V'~o~ille, CA
te. lepho~e number is 241.7848.'rhe ser~ & r~'lrdir ~ numba' ts 241'8670.
If you hm, e a bill que~fi, ple2se c211 the busine~
MII u'y ~o help you ~ ~ que~o~s in :~ prompt, ¢oufieous nunnet: if you ~ I bfiJin~
~pute, apin, please ~ to resolve Your dispute thigh ~. Cus~)mer Servi~
~pr~enmive. If you ~ ~ not s.'~ed, ~le",se ~ to speak Mth a CSR SuperSt, w~o
should be able ~o hdp you. tf .,,m ~ sull dispmi~ .,,,q~r billin& plene write to us ~bout
your billing compbint and .~d it ~o O~CE ,',b.~GER, 12490 Busin~ ~ D~, Suite
V or e, 92 92. ,,-.u i,'e :'our
to ~u ~ ~r ,_'omp~nt ~no( be resol,,'ed ,,,,'~in ~e 30 d2y ~e fr'~ne from ~'hen
6
Resolution No. 99-083
Page 65
we received your wriaen cornpitot. AU customer cm'responde~ce and de~mc bazddag
payments should be sent to the business office.
Your cable sen'ice may be disco~med due to non-payment. In addition, any payments
made ~er the due date will incur a L4I'E FEE. Payment of all c. hages rest be male ~ore
service is redored to your account gyou m disco~ due ~o non-pv/mm you will
also be billed for an.',' urn'mined equipmenL R~ming Oe equipment ~ only relieve
?our responsibility. for equipmere chics. Betore you are di~onnec~ you ~ re:five
a second bill no ' .t~yin~ you tha your accotm~ is past due. & L/fiE FEE ~ be added. A ~
cablegram will also be ~t prior to your ~conn~on, indica~ the amoun~ due and a
due date. You may. be disconnected ei~er tl~ ~ 'sofl' disconnect where your
equipment is turned -elf or by a 'hard' ~conaect in which ~ c~le is disconnecled ~t
the easement or poim ~ enid. In either c~se, if ~ ae di~connt, aed, a RECONNECTIO~
charges (if any) and all past due amounts ma be paid in full belin ~r service ~ be
restored, either at .~our presenl address or any future address in which you live within our
se~ce area.
~o one can make changes or deleOo~ to your account except you, the account holda;
~r your legal spouse. We ask you to provide us with your social security number,
'.elephone number and driver's license number for account idealilion and security
')urposes. ff you fail to provide adequale identilicaion in/onion salLsbctory to IlL
~sen Cablevuion to establish identity and creditworthine~, we may refuse ~o provide you
.uth service or make changes to the accounL
~/e ~.~ no~, you at least 30 days in advance prior to any rate changes or changes in the
:hannel lineup. We ~ nol offer a~y services to you in violalion of State Business &
~rofessional Code 22770. We have been in compliance with ~ rate and customer se~ce
,~clards set forth by Tele~on Associalion since August of 1989. We ~ men or exceed
my new standards set fo~ by the FC, C or 1ocll fnnchtsing nahori~ as they become
,fiecave. it is our goal to provide you with ~ besl possible service al all times.
'he foUowing Ioc~ [r~ci~sing aulho 'n~ role/be coalacted Io assisl you whinevet you
.re not .~isfied x. th our semce(s). Haee~ ~ comacling ~ fr~cfise ~
~lez~ try. to resolve tour complaint as per the politics aid procedures above, as the
r'anchJsing authonn.' will ask that you do so p~ to fo!Iralifiqg ~ complaillt.
]CTOI6qLLE APPLE VALLEY SAN BE{ea!H)IWO COUNTY HESPERD,
gFN: CITY 5L~";.-~GER ,-LTTN: C~BLE TVFRANCHL~E AUTHORHTATN: MAFLAGER
4343C[VlCDRP,~ P.O. BOX429 157W. FIH'HST, 2ndFLRP.O. BOX2966
]C]'OR',qLLE, C.~.APPLE VALLEY, CA SAN BERNARDINO, CAHESPERIA, CA
'2392 92307 92415-0450 92345
760) 955-5028 (760) 240-7000 (909) 3874006 (760) 949 7000
Business o 241-7848
Service · 241-8670
e-mail o hidescatv@aol.com
IMPORTANT
CUSTOMER
INFORMATION
HI42 ERT
CAB VISIOfW
006-23~089 998
Resolution No. 99-083
Page 66
2
Resolution No. 99-083
Page 67
CONSUMER SERVICE STANDARDS
ENDORSED BY
NATIONAL CABLE TELEVISION ASSOCIATION
· S SET FORTH IN
SECTION ?&.$09(O) OF TITLE 47 OF THE
COD~ OF FEDERAL REGULATIONS
~ralCommunlcatfon~Commb. tlo~
mnst-nsrr~ purpom~
a) EtZe~tive Ju~e IT, ~, ~e
, oF eve~ ~e ~e~on
~ ~ for pubUs
e~sion s~0~ ~ed by 1~
n fn ~fillment or ~o
L~remen~ ~t ~
~ 8h~11 include t~ ~1
~, c&blo ch~ol n~r, the
,e of &
)~c~ 8~tion, s~on
8 c~ed by the ~ble on
~ch ~, I~.
b) ~o o~tor of eve~
ion sys~m sh~l public
~ Io~tion
t~ princi~ h~ond.
c) Such r~c ~n~ined
~ccord~nce ~ ~e
d) Upon written
~Jon, & c&ble
,vide the U8~ of
· ~raph (st) of this
;bin 30 daub of
;st.
Fl~ 17364, Apc. 2,
L305 Records
~) RSCOT~ M be ~
,r of every
lnte2n for
e for
mmJue);
~e ~
~ ~o~
l) A
~tem
&nd
~om any
required ~o
specified in
in wriUn~
of such re-
m~lntslned Io*
ope~toro for
of records. ~l'he public In-
file eh~11 be m~dnt~lned &t the
, w~lch the system operator main-
9 76.309
tarns for the ordlnar~ 001100tion
scriber. charres,~.resolutton or
scriber complaAnts. &nd othor
or at &~y accomtble plaoe in the
munU~y 8oryed by the ~ymtsm
(ouch ns & publlo ~ta?. for,
moi~ts or &l:t &ttorlloy'l The
publio inspection file ~
for pubIls inspection at any dur*
Ing rewulo~ bullnoes hourL
(o) The recordf specified in
(a) of t~te sectfoe ~ be
?6.?9, ~6.22~0). T6~01(o),
respectively.
any material in the
file shall be
production upon
son. provided the
sh&ll pey the
duction. l~equeste f
shall be fulfilled at ~
by the system
sonable period of
event shall be
The
honor requests
do oo
(Seca. 3, 2. 4. ~. ~, 30~, 3~. 300. 300, SIS, 81%
ISm, 163. 154, , S0t. 90~ Mr. 308. 630. ~
~30 Fl~ 301~ 14. 1~4. ~m amendf~ at ~0
Ape. ~0. ~ FA 11~01, Ape. 1, 1639; 80 Fit
of & c~Me t01evtsfon
mike tile SyBtsJ~I, its pub*
file elf ~oqufred by
and its r~cords of subeoriberm
for tnspootion upon roquo~t
authorized ropro#nt~tivo of t~to
minission at any renson&ble hour,
~?~800 Customer service o1~ .l~a. 't10n&
(a) A ~tble frtncht80 authority
enforce the oust~mor sorTtoo
set forth In peAwmph (o) of r~is
lion sWainst cable oper~tor8.
chloe authority mtmt provide e~rect~d
cable oper,~or9 ninety (90) days writ-
ten notice of iM lnten~ to enforce ~he
standards.
~'o~
· ?6.a3lCO,
76.601(0),
Copira of
inspootion
machine
cost of
, ~no ~plo8
:o~on o~otfiod
wt~n
which in no
t~ Mven
Is noC r~
by ~1 but
511
Resolution No. 99-083
Page 68
§76.3O9
(b) No~hlr~ In this n~J,o should be
construed to prevent or prohibit:
(1) A franchisln~ ·uthortty and ·
c·ble oper·tor from e4rsein~ t~ cus-
tomer service requlrsment~ that
ceed the standards set forth in ~
s~ph (c) of this ~otdon;
(3) A fl~nolgnin~ authority from
forcing, through the end o.f the
chlse term, pro-ex~tlnir customer serv-
ice requlrement~ that exceed the
ards set forth in pars~ph (o) of this
sec~-lon and are confined in current
frsachise s~reemente;
(3) Any State or ~ fl~nohlsin~
thortry from enactinf or eufornin~ any
consumer protection law, to the extent
not specifically preemptS· heroin; or
(4) The establishment or enforcement
of ~Y S~te or municipal law or re~u-
l·tion concernin~ customer service
th·t imposes customer service rsquiro-
mente that exceed, or address nttttero
not addressed by the et~nd~rd~ set
forth in pe, ra~,r·ph (o) of this section.
~e(C) Effective July 1, 1993, · o~ble op-
r~tor shall be subject to the foilowin~
customer service
(1) C·bls system office hours end
t~isphons ·vail&bility--
(l) The o·ble operttor will maintain ·
local, toll-free or collect call telephone
access line which will be available to
i~s subscribers ~l hours a d&y, seven
d~ys · week.
(A) Trained company
will be ·vail·ble to respond to cus-
tomer telephone inquiries durin~ nor-
real business hottin.
(B) After normal businese hotIfs, the
access line m~Y be answered by a serv-
ice or an ·utemitted rsspo~ s,vecom,
lnciudin~ an a~swerin~ nu~hine. In-
quiries received alter normal businto
hours must be 'rsepotded to by
trained coml~nY regrs~tt~tive on the
next buslnese d&y..
(ti) Under normal o~ conall-
tomer rslt~sent~tive, lncludin~ wait
llme, civil not tsossd thirty (30) sec-
onds whet the connection is made.
fe~ t2me ~ not exceed thirty (30)
seoon~lL Those etindsa~[s eh&il be met
no leos then ninety (S0) Veroen~ of the
time under norreel opbrstin~ condi-
tions, me&surod on · quarterly
47 ¢FR Ch. I (10-.I-96 Edt~m)
(lid The oper·cor will not be required
to ~cqulrs equipment or perform sur-
veys to mse~ur~ complisace with the
telephone answerinf standards above
unless sa historiciLl record of com-
plain~ lndic&tes · clear failure to oom-
(iv) Under norranl o~estlnf oondi-
tieus, the customer will eecnivo · busy
airnai less than. thrse (3) percent of the
time.
(v) Customer service center end bill
l~Ymeat IomLtlons will be open at lenst
durin~ normal bnsinese hours sad will
be cenvenienC17
(2) Iast&ll·tions, oute~ss and service
calls. Under normal operstine condi-
tions, cech of the followin~ four stead-
ards will be met no less tksa ninety
five (95) percent of the tin-d mensured
on · quarterly basis:
(i) Standard install·lions will be per-
formed within seven (7) business d&ye
al~er an order hns been pl·ced. "Stlnd-
ard" lnst&tlatlons ~-e thoss thet
locsted up to 125 feet from the oztstlne'
distribution system.
(It) Excludln~ conditions beyond the
con~rol of the opeFitor, thO c~bis oper-
Interruptions" promptly and in no
event l&ter th~u 24 hours alter the
incorruptlon becomes known. The c~ble
operttor must be~tn actions to correct
other service prcblen~ the next bnsl-
hess day after not·tic&finn of the serv-
ice problem.
(ill) The "·ppolntmsnt window" ~l-
tempt·yes for installations, service
calls, and other ins~aillstlon activities
will be either · specific time or.
m~dmum. a four-hour time block dur-
!n~ nornlai business hour~ (The
tot may schedule service oaihu
convenience o£ t~s oustomen.)
(iv) An operttor m~ not otncel
· ppointrnont with a customer after the
close of businom on the bnsinem
prior Co the scheduled ·ppointmeut.
(v) If · c~bio oper·tor rsprssantetive
ts mnnln~ l·te for an ·ppointmext
with · customer and will not be ~bis Co
keep the ·ppoin~rnont ns scheduled, the
customer will be coni:~t~Md. TIM
pointmerit will be rsecheduled, ss nsc-
seatry, ·t · time which is convenient
for ~he customer.
512
Resolution No. 99-083
Page 69
Federal Comrnunlc~lons CommitIon
(3) Communications between cable
operators and cable subscribers-
(t) Notifications to subscribers-
(A) The cable operator shall provide
written Information on each of the ida-
lowing are~. at the time of Installation
of service, at least e~uually to all sub*
scribers, and at any time upon request:
(1) Products and servtcse offered;
(2) Prices and options for progrsJn-
ming services and conditions of sub*
scripten to progra.,nming and other
services;
,(3) InM~ll&tfon and service m~in~o-
hence policies;
(4) Instructions on how to use the
cable service;
(5) Channel positions progra~nming
carried on the system; and,
(6) Billing and complaint procedures,
'Including the add.tess and telephone
number of the local franchise
authority's cable office.
(B) Customers will be notified of ~ny
ohm.uses in rates, programming services
or channel positions a~ soon a~ possible
in writing. Notice must be given to
subscribers a minimum nf thirty (30)
days in advance of such changes if the
change is within the control of the
c~ble operator. In addition. the cable
operator shall notify subscribers thirty
(30) day8 in advance of any 81gnarlcavil
changes in the other information re*
qttired by l~ragrm~ph (c)(3)(l)(A) of this
section. Notwtthst~nding any othor
provision of Pa~t ?$, a cable operator
shall not be required to provide prior
notice of any rate chango that is the
result of a result. tory leo, franchise fee,
or any other fee, t~x, a~e~ment, or
cha~ge of any kind imposed by
Federal a~ency..~ta~e, or frenchloins
authority on the trans.orion between
the operttor and the subscriber.
([1) Billing-
(A) Bills will be clear; concise and
underst,&ndable. Btlle must bo fully
itemized, with itemiuttAons tncludlnw,
but not limited to, baste and premium
8ervtce charwee ~ equipment oh&r~se.
Bills will also ulso~ly doilnot~e all
trytry during Mm hi!line period, tnolud-
Inr optional cmos, rebf~tse and crsd-
its.
(B) In case of s billing dispute, the
cable operator must reapend to a writ-
ten complaint Dom a subscriber within
30 days.
§ 76.400
(lit) Refunds-Refund checks will be
Issued promptly, but no later than ei-
ther--
(A) The cuMomer's. next billing cycle
following resolution of the request or
thirty (80) d~, whichever is era'lief, or
~) ~e ret~ of the ~pmeat
pU~ by the ~blo o~m~r !f ~.18
'(Iv) C~rs~ for se~ce ~1
~ ~ued no l~r ~ the c~mer's
next bill~ cycle foliowine ~e deaf-
.nation t~t · c~t is w~n~.
(4)
"no~ buslns~ ho~" mea~ those
ho~ d~nw whic~ m~ e~il~
n~se in the co~tty ~e o~n
~e c~me~. ~ ~1 c~. "no~
b~n~ ho~" m~t include some
evenl~ hou~ a~ leMt one nlwht ~r
week ~or some weekend ho~.
~ "no~ o~t~ condition"
me~ ~hose M~ice con~ions which
~ ~t~n the control of the ~ble
er~r. ~o~ con. lions which ~ not
wit~n the con~l of the ~ble o~m-
~r include, but ~e no~ 11mi~d ~.
~al dl~, civil disturbances.
~wer ou~, telephone network out-
~se, ~nd ~vers or unusu~ weather
rent.one. ~o~ conditions which are
o~i~ily within the control of the
~ble o~r include, but ~e not
i~d ~, a~l~ ~omo~o~,
~ew even~, ~ inc~, reeul~
~k or ~on~ demnd ~ods. and
m~n~n~ce or u~e of the ~ble
',se~ in~rmption'* means the Ion
of pict.s or so~d on one or more
~ble ohmsis.
' ~b~ I--Po~ and
WitCh ~ ~8 foiling & ch~go of
or ch~ge o ~m~r's mall
~, ~n~o~ m the
s~ of/~ ~vision sys~m, ~e
0~ s~ll i~or~he Co--aMish
i ~l~~f the following, ~
513
Resolution No. 99-083
Page 70
Resolution No. 99-083
Page 71
(b) The operator of the cable system
shall notify the Commission of the pro-
posed extension of the system raxilus In
these ba~ds. Notification shall include
c~rier ~nd sub--lee ~equen~es.
ty~s of modulates. the ~e~o~y no-
tified ~eo~phlcal coordin~s, the
new system r~dius ~d the m~mum
~k ~wer occ~i~ ~t any loc~tlon
in ~he c~ble ~s~ibution s~tem. No
~ys~m s~l ez~ ite ~ ~ these
ban~ wi~ho~ ~ Con.ion ~u-
tho~tiom
(c)~ o~~
shall ~n~n ~t 1~ 1~
ren~ t~C~ of all slg~a
these ~n~, no~lne ~ier ~d su~-
clef frequencies, ty~s of mod~on,
· nd m~ ~k ~wer w~ch oc-
c~ ~C ~ loc~ion ~t~n the cable
~st~bution sys~m.
(d) The o~r~oc of the sys~m
provide for re~l~ monJrorl~ of
c~ble system for slen~ le~k~ cover-
in~ all ~r~tons of ~he cable
le~ once e~c~ ~en~ ye~. ~oal~or-
ing equipment ~nd proced~es s~l be
adequate to detect leckie so~es
which produce field s~reagt~ In ~he~
b~nds of 30 ml~rovdite ~r meter
distance of 3 meters. ~e o~r~tor
m~nt~in ~ ~o~ showing ~he d~te
location of each leak~e so~ce
fled, the d~te on which the
el[min~d, and the pro~ble
the leakage. ~e lo~ s~l ~ on
file foc · ~riod of two (3) ~d
shall be ~de to ~hori~d
tires of the Commlalon on
(e) All c~ier si~= com-
ponen~ c~ble of ~k
power eq~ ~ or C~ ~0-~
o~ from ~o
o~m~d bF l~ce~ or
by the UnJ~d 8~ ~e~e~
its ~endiea ~n 111 ~ (~
miles) of ~ ~r~Jon of ~e c~ble
aecaon. (~ ll~t of 1~1 ~ ~ be
mc~ ~ ~ Co~on Jn
o~m~r of · ~ble ~e~m
~ the Co~ion ~ ~ ch~
47 CFR Ch. I (10-1-96 Edition)
service will place the cable system
conflict with any of the offset triter
the cable system operator is
slble for elimina, ting such cc
within ~0 da~s of notlficaMon.
(f) A minimum frequency be-
tween the nominal carrier: of
an aeronautical radio qualify-
ing under paragraph (d) Section
and {;he nominal cable
{robie ~t d~li~ert~ P~wer equal to
o~ gres~ef tha~ wa~te shall be
~tntAine~ or at all times.
T~e mialmum ofl~e~a a~e as
follows:
(,50*T) kHz.
(loo~r) kF, Z.
table, T is the absolute value of
frequency tolerance of the cable
The actual frequency
I depend on {;he equipment
operating procedures of the cable
system, but In no case shall the fre-
quency tolerance T exceed ~Z5 kHz in
the b~nds 1~1~ and ~ M~.
(~ FR ~01. July 19,
{~&~ Com~tibil!~ with co~umer
ei~ ~ulpmenL
(~) Cable system o~r~om s~l no~
~r~ble or o~he~ise enc~p~ steals
~ried on ~he b~ic se~ice tier.
ques~ for w~ve~ of this prohibition
m~ demo~te either · a~ial
showme, cable o~o~ ~e
to notary su~ribe~ by m~l of w~ver
request. The no~ce ~o sub~ribe~
m~G be m~led no ~ter t~ thirty
c~en~ days from the d~e the re-
q~at w~ver w~ filed w~th the
mi~ton, ~nd cable o~rato~ must ~n-
fo~ Ghe Oo~ls~on In wriGAng,
soon ~ ~ble. of th~G
da~. The noG~fica~lon to subripens
m~8~ 8~Ce:
On (da~ of w~ver r~u.~ w~ ~led
uhe Comml~lou), (cable o~m~r's n~e)
530
Federal Commu
filed with ~-he Fede:
elMion · requee~
~er of ~. ~ C
for ~ver
w~ver Ie
~ of ~e
~du~s who
~ues~ for ~v~
~on w~
co~en~ aho~d
shoed tnclude
place Of
Cable o~
reply no l~tec
da~ subcrier
~1~.
(b) C~ble sys~
~de the~ subsc
~m te~n~ d,
tomer premises
~orates remo~ c
~t the rem.
devices ~th ct
~emote control
vices from helm
merci~lly ~v~l
~lt. Cable syst
vised that :his
them
ten,tel functiom
~ulpment whet
~t o~rtte
~lon procedaro.
maT, however. d
scr~bling,
nolo~ea in con~
tern te~n~
~ l~.3(e~ of th~s c~
subacribe~'
~offer to
$~c~al ~u~pmer
s~ ~ul~eous ~ec
halS. ~e equipr
clude ~ sidle.
dual desc~ble~
ers ~nd
Resolution No. 99-083
Page 72
I 00-1-96 Edition)
~e cable s~stem in
~he offset criteria,
oer~tor is respen~
ng such conflict
-ficaties.
equency offset be-
a..-rier f~equency of
:o service qualify-
~d) of this Section
:uency of any cable
.-nil component cA-
=.ak power equal to
'~ watts shall be
eded At All times,
~ncy offsets a~e a~
qu~ ~
.................. {50<.TI kill
~ absolute value of
.... of the cable
al frequency
Je equipment
3urea of the cable
:a~e shall the fre-
exceed ~25 kI~,z in
-~, with consumer
~e~
~erators shah not
.se encrypt signals
service tier. Re-
this prohibition
:thera substantial
basic tier service
actamble b~ic siE-
as. As p~rt of this
;&tors are required
oy m~i[ of waiver
.:~ to subscrtbers
later than thirty
the date the ~e-
~ed w~h the Com-
3~r~tors mus~ in-
9n in writing. ~
that notific~tion
:on to subscNbe~s
was filed wlt1~
Fed~al Communicaltom Commition
filed with e. he Fedo~tl Coinres~toAtlona Com-
mission a
kibttill~ eCf~l~.bi~ of ~_h_--n~tS On tile bMtc
~er of
for waiver etat4~ (& br~ enm.,ne~' of
w~ver
buell).
~ue8~ for ~r
~e Fede~ C~o~
e~ ~~o~ Co~on, Cable
~ B~. w~n, ~ ~, ~d
Olble o~m~ ~ file co~en~ In
~ply no l~or ~ 7 days f~m the
d~ subscrier commen~ m~t be
filed.
(b) Cable sFs~m o~m~o~ that pro-
§ 76.630
sent, such a~ two independent set-top
tsrmlnal devices ma~ be offered at the
same time that the single terminal de-
vice with dual tunera/dsecramblers is
offered. For purposes of this rule,
set-top depicts linked by · control eya-
~n tlmt Veovtde~ funetAoaalit~ equiva-
lent to that of a single d~eic~ with deal
deaoramblers is considered to be the
~ne .J a teemm~ Aevine with
dseeA'll~l~
(1) The o~r of' 8peMni equiwnent
shall be made t~ mew subscribers &t the
Mme they subscribe a~d to all subscrib-
ers · t least once each year.
(2) Such special equipment s.t~l, At
minimum, have the capability:
(l) To allow stmul~aeous reception
of an~ two scrambled or encrypted sir-
nils and to provide for tuning to al~er-
native ohannels on a pro-programmed
schedule; and
(li) To allow direct reception of
other signals that do not need to be
processed through dostrambling or
vide their subscriberl with cable sy8- decryption circuitry (this capability
tern terminal devices ~nd other cus-
tomer premises equipment ~h&~ incor-. tin ~one~ly be provided t~ouEh
se~o by-~ swish or ~ou~h
~r&~O ~mo~ tonal c~bili~ 8hall~ ternsl by-~ ci~ul~ In & cable 8ys-
~rml~ the ~mo~ o~rt~ion of such
devices wi~h certainly &vailable tsm~e~i~device).
remote con~ol ~i~ or othe~l~ take (3) Cable sya~m o~ 8h~l de-
no action ~ would proven~ the de-
vices from bei~ o~d by &
mo~ly s~l&ble romo~o control
~it. Gable s~ o~ ~e ~-
vised c~ t~ ~n~ obliges
them ~ ~ly e~ble the remo~
con~ol ~notio~ of c~moF
equipment wh~ ~h~ ~nctione do
may, however, ~blo the remote con-
t~ol ~nc~io~ of · su~l~r'8 cus-
tomer ~ ~ont whe~
qu~d ~ ~e ~fi~r. -
(c) C~Io s~ o~s~ ~t use
~b~, e~p~on or stmi~ ~ech-
nolo~s In oo~on wl~ cable
~m ~ devil, ~ defined in
J~.~o) of ~M o~9~e, t~t may ~ect
8u~' r~option of st~&ls shall
0ff~ ~ sup~Y e~h sub.tiber wi~h
simul~eous ~op~lon o[ m~l~p?. 8~g-
nils. ~e equi~on~ o~e~ s~lll in-
clude ~ sidle ~lnal device with
dual de~r~ble~do~de~ an~or tim-
e~ and by~ swishes. Other equLp-
terrains the specific equ/pment needed
by individtml subscribers on a ~e-by-
case ~, in cone~on with the
su~ber. Cable ~e~m o~r·tors ~re
required to make A good fnith effort to
provide sublcriberl with the amount
And types of special equipment needed
to resolve their individual compatibil-
ity problems.
(4) Gable opers/&eea al~ll provide such
equipment ·t the request or individual
~mbecribers a~t mINV oblate for pug-
times or lease of the equipment and its
lns~aAl·tlon in accordlace with the
provisions of the rsM real.tie,, rulM'
for ctmtomer pmmiase sqmipmen~ meed
to receive the baals service tier, as set
forth in ~76.9~. Notwithstanding the
required annual offssing, c~ble opera-
tors slmli respond to subscriber re-
quests for apecicA equipment for recep-
tion of multiple signals that ~re' marie
at Any time.
(d) Cable sykes operators shall pro-
vide A consumer educ·tion program on
compatibility n~ttsrs to their sub-
scribers in writing, as follows:
581
Resolution No. 99-083
Page 73
§ 76.70 !
47 CFR Ch. I (10--I-96 Edith:m)
(1) The consumer information pro-
gram shall be provided to subscribers
&t the time they first subscribe and at
[east once a year thereafter. Cable op-
credere may choose the time and
me&as by which they comply with the
annual consumer information require-
ment. This requirement; may be satis-
fied by a ence-e,-ysar nuUlin~ to all
subscribers. The La/m'm~tion may be
included In one of ~ enable eyst~m's
re~'ular subscriber b~
(:3) The consumer h3f~on pro-
gram shall include the fuHowtn~
matron:
(1) Cable system operators eha.]l in-
form their subscribers t;h~t; some mod-
els of ~ receivers and videoca, erie
recorders may not; be able to receive
of the channels offered by the cable
system when connected d~rectly to the
cable system. In conjunction with this
informaUon. c~ble system operantore
shall briefly explain. the types of chan-
nel coml3~Ublllty problems that could
occur tf subecrthsre connected their
equipment directly to the cable system
and offer su~seMona for rseolvin~
those problems. Such su~.,~seUons could
include. for example. the use of ,, cable
system terminal device such as ,, set-
top channel converter. Cable system
operators shall also tnd.tcete that cl~n-
nel compaUblltty problems asecciated
with recepUon of pro&,r~mmin~ that ts
not scra~nbled or encrypted pro,rain-
mine could be resolved through use of
simple converter dsvtcse without
descra~nblinE or decryption capabili-
ties that can be obtaUned from either
the cable system or a third party retetl
vendor.
(it) In cease whste service is received
through a cable system terminal
vice. cable system operators shadl indi-
cate that ~ubecribere rely not be able
to use speoisZ feet;ures ~nd functions of
their TV recetver~ and videocassette
recorders. inoludinl~ feet;urea that allow
the eubec~ber to: view & pro~,mm on
one ohs,ansi while ~multanecualy re-
cordln~ a peck'am ea eatof, bee channel;
record two or more ceaseeaters
~zluns that; appel.r on different chan-
nels; and, true ade~nced i~ctare Eenere-
Uon and display feal;ure~ such as "Ptc-
ture-ln-l~toture," channel review and
other functions that neceasitete chan-
nel selection by the consumer device.
(lit) In cases where cable system oP-
erators offer remote control cai3~btllty
with cable SySte--~A terrninsJ devices and
other customer premises equipment
that is provided to subscribers, they
shall advise their subscribers that re-
mote control unite that are compl~tible
with that equipment n~y be obteined
from other eoufcse, such as retail out-
isle. Cable system operators eh~ll also
provide a representedlye list of the
models of remote control unite cur*
rtntly available from retailers that are
~le wt~k t~e cu~t;omer premises
eq~dlmlllat ~ empl~. Cable system
<~peratore ,re z~/~red to make a
f~lth effort; in compllin~ this list and
will not be liable for inadvertent omis-
sions. This list shall be current as of no
more Ulan six months before the d~te
the consumer education program is dis-
tribu~d to subscribers. Cable operators
are also required to encourage sub-
scribers to contece. the cable operad;Cr
to inquire about whether a paA'ticular
remote control unit the subscriber
might be considering for purchase
would be compatible with the subscrib-
er's customer premises equipment.
l~01's TO §?S.630: The provisions of
graphs (a) and (b) of this section a~s nppllca-
ble $uly 31. 1994, i~nd Suns 3~, 1994~ respec-
tively. The provisions of paragraphs (c) and
(d) of this sect4on are applicable October 31.
1994. excspe- for the ~quffement under
graph (c) of this ~Uoa for cable system op-
er~ter~ f~o supply cable system ~rmlne. l ds-
vlce~ with dual ~une~ (as needed), which is
applicable Ocl:ober 31, 1995. Th® initial offer
of s~eclal equipm®n~ ~o all subscribers, as re-
quired tl~dl~ p~rt~ (e) of this sect;ion,
sh~ll be reade by October 31, 1994.
[59 F~ 2~45, M~Y iS. 1994, ~ amsudsd a~ 61
$UbpC~t L--COblI ?®levlSkj~l
ACCe~ /
§ ?&~01 Lured m~e~m ch/m~ai~ _
(&) ~otwtthstamdip4r 47 U.S.C.
~3~(b)(2) (Communi~rgtons Act o: 1934,
ns amended, secU~ 61:3). · cable
ter, in ~ceot~l~e with 4~ U.~.C. ~h)
CC~I~ Ckmmj~er Protection and Com-
pe~ttoa,~ l~of, ecs ~lon 1.0(&)), may
ad~pt ~f enforce pro~mct_lvely..~..writ-
ten ~,~ pub II shed policy of prol~l.bltin~
prp~rm~uning wnioh, it reasonably
],tgvee, describes or depicts sexual or
532
excretory
tently often
by centsrot
(b) A
prohibit th~
rrdnf in arc
of this sect
acce~ pro~
~ra,m pro~c
more
subsc~be~
ten
(c) of this se
(c) A
pro~c
within
~equset for
that includ~
quea~i~
ye~ old;
n~e ·
~n~
of a subecri~
(d) A pros
ce~ on
identify for
ldentlfic~tl,
include th~
telephone
vide~ and
~ provi
content of
o~r~tor
ficalion
the request
~r~ pro~
"live pro~
ch~nel
to lns~e t
will no~
will no~ be
o~ t~$
cent
fled by a p
in p~
(~) A
pr~ P
pro~
ce~ [s no~
decent prot
qulre~nt
for~ wtll.
Resolution No. 99-083
Page 74
4
Resolution No. 99-083
Page 75
PART IvyMISCELLANEOUS PROVISIONS
Protection of subscriber privacy
(a) Notice to subscriber re~!in~ personally identifiable information; dofinition=
At the time of entering into an agreement to provide any cable
or other service to a subscriber and at least once a year
a cable operator shall provide notice in the form of a
written statement to such subscriber which clearly and
ficuously informs the subscriber of-
(A) the nature of personally identifiable information collect-
ed or to be collected with respect to the subscriber and the
nature of the use of such information;
~' (B)the nature, frequency, and purpose of any disclosure
may be made of such information, including an identifi-
cation of the types of persons to whom the disclosure may be
:made;
i. (C) the period during which such information will be main-
rained by the cable operator;
{D) the times and place at which the subscriber may have
,access to such information in accordance with subsection (d) of
section; and
(E) the limitations provided by this section with respect to
collection and disclosure of information by a cable operator
'and the right of the subscriber under subsections (f) and (h) of
[his section to enforce such limitations.
case of subscribers who have entered into such an agreement
the effective date of this section, such notice shall be prorid-
180 days of such date and at least once a year thereafter.
(2) For purposes of this s~clion, other than sUbSection (h) of this section-
(A) the term" eraonsJly lden~le information" does not include any record of
P ,
aggregate data which does'n.o,t, identi~ p~cultr p~rsons;
(B) the term "other servtce'~, includes any wire or radio communications service
provided using any of the facilities of a cable operator that are used in the pcoviaion
of cable service; and . ' .-
(C) the term "cable operator" includes, in addition to persons within the defini-
tion of cable operator in secaon 5~ of this title, any person who (i) is owned or
controlled by, or under common ownership or control with, a cable operator, and (il)
provides any wire or radio communications service,
of pellonlily Identifiable Information using csble system
as provided in paragraph (2), a cable operator shall
the cable system to collect personally identifiable informa-
tion concerning any subscriber without the prior written or elec.
tronic consent of the subscriber concerned.
(2) A cable operator may use the cable system to collect such
information in order to---
(A) obtain information necessary to render a cable service or
other service provided by the cable operator to the subsc. riber;
OF
(B) detect unauthorized reception of cable communications.
Resolution No. 99-083
Page 76
(c) Disclosure of personally.ident~ble hfformation
(1) I~.xeept aa provided~i~ paragraph (2), a cable operator slmU not disclose personally
identLqable information eoneernin~ any subscriber w~thout the prior written or electronic
coraent of the subscriber concerned and sha2 take such actions a~ ~re necessary to
prevent unauthorized access to such information by a person other thtn the subscriber
or cable operator.., ,. '.'" ' .
(2) A cable operator may disclose such information if the disclo-
sure is-
(A) necessary to render, or conduct a legitimate business
activity related to, a cable service or other service provided by
the cable operator to the subscriber;
(B) subject to subsection (h) of this section, made'pursuant to
a court order authorizing such disclosure, if the subscriber is
notified of such order by the person to whom the order is
directed; or
(C) a disclosure of the names and addresses of subscribers to
any cable service or other service, if-
(l) the cable operator has provided the subscriber the
opportunity to prohibit or limit such disclosure, and
(ll) the disclosure does not reveal directly or indirectly,
the--
(I} extent of any viewing or other use by the sun
scriber of a cable service or other service provided by
the cable operator, or
(1I) the nature of any transaction made by the sun
scriber over the cable system of the cable operator.
(d) Subscriber access to information
A cable subscriber shall be provided access to all personally
identifiable information regarding that subscriber which is collect-
ed and maintained by a cable operator. Sdch information shall be
made available to the subscriber at reasonable times and at a
convenient place designated by such cable ope/'ator. A cable sub-.1
scriber shall be provided reasonable opportunity to correct any ..
error in such information.
[~Destructlon of information'
~cablc operator shall destroy personally identifiable information
.::~e information is no longer necessary for the purpose for which
,~-~as collected and there are no pending requests or orders for
':sixess to such information under subsection {d) of this section or
~,i?suant to a court order.
Cldl re:etlon in United Stat®a district court; damages; attorney's fees
- and co~t.; nonexclusive nature of remedy
(I) Any person aggrieved by any act of a cable operator in
~o!~tion of this section may bring a civil action in a United States'
ilstrier court.
(2) The court may award--
(A) actual damages but not less than liquidated damages
computed at the rate of $100 a day for each day of violation or
$1,000, whichever is higher;
(B) punitive damages; and
(C) reasonable attorneys' fees and other litigation costs rea-
sonably incurred.
(3) The remedy provided by this section shall be in addition to
my olher [awful remedy available to a cable sabscriber.
Resolution No. 99-083
Page 77
(g) Regulation by States or franchising authorities
Nothing in this subchapter shall be construed to prohibit any
Slate or any franchising authority from enacting or enforcing laws
consistent with this section for the protection of subscriber privacy.
~) Disclosure of information to governmental entity pursuant to court
order
A governmental entity may obtain personally identi[:iable infor-
mation concerning a cable subscriber pursuant to a court order
only if, in the court proceeding relevant to such court order--
(1) such entity offers clear and convincing evidence that the
subject of the information is reasonably suspected of engaging
in criminal activity and that the information sought would be
material evidence in the case; and
(2) the subject of the information is afforded the opportunity
to appear and contest such entity's claim.
Resolution No. 99-083
Page 78
Resolution No. 99-083
Page 79
Nots 1
ant might base either a request to the agency for
[uave to file a late claim or a petition to court
for an order relieving him from the claim-filing
requirement. Wilson v. San Francisco Redevel-
opment Agency (1977) 138 Cal. Rplr. 720, 19
Cal.3d 555. 564 P.2d 872.
One of the probable legisfatire purposes un-
derlying § 946.4 e<using failure to present
claim if public enmy has not supplied correct
and complete information to the roster of public
agencies is to assure compliance by such public
entrees. Wilson v. San Francisco Redevelop-
ment Agency (1977) 138 Cal. Rptr. 720, 19
Cal.3d 555, 564 P.2d 872.
If redevelopment agency ~4ainst which plain-
tiff brought action for personal injuries failed to
comply with this section plaintiff was excused
From compliance with § 911.2 requiring filing
claim with appropriate public agency within
100 days, though he untimely filed a claim with
the proper agency at its correct address and did
not allege that he was deceived or confused by
the agency's noncompliance. Wilson v, San
Francisco Redevelopment Agency (1977} 138
Cal. Rptr. 720, 19 CaL3d 555, 564 P,2d
Claimant who has actually presented claim to
proper public entity may not excuse compliance
with claims statute and ctrcumvcnt special six-
month statute of [imitations contained in
:~ 945.6 by invoking this section requiring pub-
lic entity to file information and § 0/46.4 obviat.
CITIES, COUNTIES, & OTHER AGENCIES
Title 5
inc need for presentation of claim where public
agency fails to file such information. Tubbs v.
Southern California Rapid Transit Dist. (t967)
63 CaJ.Rptr. 377, 67 Cal.2d 671, 433 P.2d 169.
2. Purpose of law
Purpose of this section was to provide means
for identifying public agencies and names and
addresses of designated officers needed to en-
able or assist person to comply with applicable
claims procedure. Tubbs v. Southern Califor-
nia Rapid Transit Dist. (1967) 63 CaJ.Rptr. 377,
67 Cal.2d 67l, 433 P2d [69.
3. Public agency
Requirement of this section that public agen-
cies file certain information with secretary of
state and county clerk do not apply where sub-
division of public agency operates under ficti-
tious name and conducts busin~ off its premis-
es. Hovd v. Hasoa, ard Unified School Dist.
(App. 1 Dist. [9T7) 141 Ca[.Rptr. 527, 74 Cal.
App.3d~ 470.
Vocaoonai r. k2Rs center was not "public agen-
cy" within meaning of sections of Government
Code requiring public agencies to file certain
irfformation with Secretary. of State and count?.'
clerk, since it was a subdivision of a district.
Hovd v. Hayward Unified School Dist. (App. i
Dist. 1977) 141 Cal. Rptr. 527. 74 Cal. App.3d
470.
§ 53052. Repealed by Stats. t965, c. 653, p. 2020, § 33
Historical and Statutory Motes
The repealed section, added by Stats. 1963, c. 4121, § 4, relating to time of filing and form of
1805, p, 3650, § 2, related to contents of roster, a claim for damages, was repealed by Stats.
required the maintenance of a roster index, and 1963, c. 1681, p. 3286, § 18. See Government
declared the roster to be a public record. Code ~ 905, 911.2. For applicability of Stats.
Former § 53052, added by Stats. 1949, c. 81, 1963. c. 1681, p. 3267, see Historica} and Stam-
p. 285, § I, amended by Stats. 1959. c. 17[5, p. to~ Notes under Government Code§ 810.
§ 53053. Repealed by Sta~.1959, c.
Historical and
The repealed section. added by Stats. 1949. c.
8 I, p, 28:5, § 1, related to contents of a claim for
damages. _See Government Code § 910.
17IS, p. 4116, § i
Statutory Notes
- Article 3.5
CABLE TELEVISION AND VIDEO PROVIDER CUSTOMER
SERVICE AND INFORMATION ACT
Section
53054. Short title.
53054.1. Findings and declarations.
[2
GENERAl
DIv. 2
Section
53054.2. £
53055, C
53055. I. h
53055.2. C
53055.3. C
· 53056. F
53057. R
§ 53054.
This act
Provider C~
(Added by St
Former § 5
§ 1, relating
§ 53054.~
The LegL,
(a) In an
should get t
ensure this
that custom
(b) Cable
quality serv
continue tc
developmac
(c) It is :
service, but
customers ~
these castor
(Added by $t~
§ 53054.2
As used in
(a) "Cabh
television se
(b) "Cabh
under comrr
contiguous c
(c) "Vide(
one or more
Resolution No. 99-083
Page 80
'qCIES
Title 5
~ public
Fubbs v
([967)
2d 169
qes and
J to en-
,pitcable
Califor-
,tr. 377.
:c agen-
ztary of
~re sub-
.~r ficti-
premis-
e[ Dist.
74 Cal.
c agen~
Jistrict,
form of
Stats.
.rnment
'. Stats.
] Statu-
IER
GENERAL POWERS & DUTIES
DIv. 2
Section
53054.2.
53055.
53055.1.
53055.2.
53055.3.
53056.
53057.
§ 53054.2
Definitions.
Customer service standards.
Notice of customer service standards.
Compliance with customer service standards; annual report.
Construction of article.
Failure to distribute annual notice; penalties; notice of failure to distribule
prior to impasition of penalty.
Repealed.
Article 3.5 was added by Stats, 1992, c. 262 (S.B.1010), § 1,
§ 53054. Short title
This act shah be known and may be cited as the Cable Television and Video
Provider Customer Service and Information Act.
(Added b.y Stats. 1992, c. 262 (S. B. [ 010), § l.)
Historical and Statutory Notes
Former § 53054. added by Stats. 1949, c. 81. by Stats. 1963, c. 1681, § 18. See Government
§ I. relating to del'ense counsel. was repealed Code §§ 995,996.
§ 53054.1. Findings and declarations
The Legislature finds and dectares all of the following:
(a) In an unregulated environment, customers of cable and video providers
should get their money's worth for the service they subscribe to, and one way to
ensure this is to encourage that customes' service standards be established and
that customers be informed to those standards.
(b) Cable television and video providers have made efforts to provide high-
quality service to their customers. Cable television and video providers should
continue to establish standards for customer service so as to further the
development of high-quality customer service.
(c) it is not the intent of this article to establish standards for customer
service, but to encourage cable television and video providers to inform their
customers about the standards they have established and to work to achieve
these customer service goals.
(Added by Stats. t992, c. 262 (S.B.10t0), § 1.)
§ $3054.2. Definltlotm
As used in this article'.
(a) "Cable television operator" means the person or entity providing cable
television services through the cable television system.
(b) "Cable television system" means a community antenna television system,
under common ownership and control, serving a franchise area or two or more
contiguous or electronically connected franchise areas.
(c) "Video provider" means any person, company, or service which provides
one or more channels of video programming to a residence, including a home,
13
Resolution No. 99-083
Page 81
.§.53054.2 CITIES, COUNTIES, & OTHER AGENCIES
Title $
condominium, apartment, or mobilehome, where some fee is paid. whether
directly or as included in dues or rental charges, for that service, whether or
not public rights-of-way are utilized in the delivery of the video programming.
A "video provider" shaft include, but not be limited to, providers of cable
television, master antenna television, satellite master antenna television, direct
broadcast satelJite, multipoint distribu/ion service, and other providers of video
programming, whatever [heireechno[o~,.
(Added by Stats. J992, c. 262 (S.B. i0]0), § 1.)
§ 53055. Customer service standards
Each cable television operator or video provider in the state shall establish
customer service standards. These customer service standards shah include,
but not be limited to, standards regarding the following:
(a) Installation, disconnection, service and repair obligations, employee iden-
tification and service call response time and scheduling,
(b) Customer telephone and office hours; procedures for billing, charges,
refunds, and credits.
(c) Procedures for termination of service.
(d) Notice of the deletion of a programming service, the changing of channel
assignments, or an increase in rates.
(e) Complaint procedures and procedures for bill dispute resolution.
(Added by Stats. 1992, c. 262 (S.B.1010), § 1.)
Historical and Statutory Notes
Former § 53055, added b)' Stats. 1949, c. 81, ing to paymenl of, or compromise of, claims,
~ 1. derived [rornStats.1931, c. 1167,§ 4. relat- was repealed by Stats. 1963, c. 1681,§ 18.
§ 53055.I. Notice of customer service standards
(a) Each cable television operator or video provider shall annually distribute
to employees, to each customer, and to the city. county, or city and county in
which the cable television operator or video provider furnishes service to
customers, a notice describing these customer service standards. New custom-
ers shall also be provided with this notice when service is initiated.
(b) The notice given to new customers pursuant to this section shall include,
in addition to all of the information described in subdivisions (a) to (e),
inclusive, of Section 53055, all of the following:
(1) A listing of the services offered by the cable television operator or video
provide_r which clearly describes all levels of service, and including the rates for
each level of service, provided that, if the information concerning levels of
service and rates is otherwise distributed to new customers upon installation by
t~e'cab[e television operator or video provider, the information need not be
included in the notice to new customers required by this section:
(2) The telephone number or numbers through which customers may sub-
scribe to, change, or terminate service, request customer service, or seek
general or billing information.
14
GENERA
Div. 2
(3) A c
operator
television
service st,
(Added by
· § 53055
After t~
have bee'
provider
operator
dards. T
53055.1.
(Added by
§ 53055
No pro'
city, cour
;.I I'e conta
video pro
law for ot
IAddcd b~
§ 5305~
(a} The
cable tele
by ordim
television
Section _:
which tht
(b) The
or video
customer,
penalty p
pruvider
the :~olict
no penal
provider I
(Added b.v
Former §
p. 285. § 1,
5275, § 4. r
Resolution No. 99-083
Page 82
GENERAL POWERS & DUTIES § 53056
Div. 2
(3) A description of the rights and remedies which the cable television
operator or video provider may make available to its customers if the cable
television operator or video provider does not materially meet its customer
service standards.
(Added by Stats. 1992, c. 262 (S.B.1010), § 1.)
§ 530$S.2. Compliance with customer service standard~; annual report
After the customer service standards established pursuant to Section 53055
have been in effect for one year, each cable television operator and video
provider shall report annually on the performance of that cable television
operator or video provider with regard to meeting its customer service stan-
dards. This report shall be included in the annual notice required by Section
53055.1.
(Added by Stats. 1992, c. 262 (S.B.1010), § I.)
§ 53055.3. Construction of article
No provision of this article shall be construed to preempt the prerogative of a
city, county, or city and county to enforce customer protection standards that
are contained in a franchise or license granted to a cable television operator or
video provider pursuant to Section 53066.1 or that are otherwise authorized by
law for other cable television operators or video providers.
IAdded by Stats. 1992, c. 262 (S.B.1010), §
§ 53056, Failure to distribute annual notice: penalties; notice ot' failure to
distribute prior to imposition of penalty
(a) The legislative body of the city, county, or city and county in which the
cable television operator or video provider l~urnishes service to customers may,
by ordinance, provide a schedule of penalties for the failure of the cable
television operator or video provider to distribute the annual notice required by
Section 53055.1, not to exceed l?ive hundred dollars ($500) for each 3'eat' in
which the notice is not distributed to all customers.
(b) The city, county, or city and county shall give a cable television operator
or video provider written notice of any alleged failure to distribute to all
customers the annual notice required by Section 53055.1 before imposing any
penalty pursuant to subdivision (a). If the cable television operator or video
provider distributes this notice to all customers within 60 days after receipt
the notice from the city, county, or city and county pursuant to this subdivision.
no penalty shall be imposed upon the cable television operator' or video'
provider pur,,uant to subdivision (a).
(Added by Stats.1992. c. 262 (S.B.1010), § 1.)
Historical and Statutory Notes
Former § 53056. added by Stats. f949, c. 8[, ',','as t'epealed by Stats.[963, c. 1681, § 18. See
p. 285, § I. amended by Stats. 1959, c, 2167, p, Government Code § 990.
5275, § 4, relating to insurance against liability,
15
Resolution No. 99-083
Page 83
Resolution No. 99-083
Page 84
§ 53087.4 CITIES, COUNTIES, & OTHER AGENCIES
Title S
(d) This section shall not apply to any special tax Levied prior to the. effective
date of this section.
(Added. by Stats. 1996, c. 1125 (A.B.188), § 1.)
§ 53087.5/. Private property; seismic safety improvements; public financ-
ing; notice to lienholders
A loan or expenditure of funds by a local public entity, including a charter
city, to upgrade or improve privately owned property for purposes of seismic
safety or retrofitting, where the provision of funds creates or. can create a lien
on the property, shalt not, when combined with existing liens on t~e property,
exceed 80 percent of the current appraised value of the propexXy, as determined
by an independent, certified appraiser, unless the existing lienholders consent
in writing to a higher loan-to-value ratio. Notice of the intention to provide
financing to the owner of the property shall be given to existing lienholders of.
record not less than 30 days prior to any vote of the local agency authorizing
the provision of financing to the owner of the property.
(Added by Stats. t995, c. 385 (S.B.1010), §
Historical and Statutory Notes
Section 4 of Stats. 1995, c. 385 (S.BA010), title and liens in order to make economic deci-
provides:
"The Legislature hereby finds and declares as
~'oIIows:
"The creation and priority of liens on proper-
ty is of statewide concern. Property owners,
purchasers, and tenders must know ~he status of
sions affecting their investment. Government
agencies, like private parties, should not be per-
mitted to create Bens that would jeopardize the
security of existing lienho ders merely to im-
prove for seismic retrofit purposes privately
owned property without the consent o[ the prior
lien hol6ers."
Article 4.5
VIDEO CUSTOMER SERVICE ACT
Section
53088. Short title.
53088. I. Definitions.
53088.2. Duties of video providers; disclosure of customer information; dispute resolu-
tion procedures; authority to schedule penalties.
Article 4.5 was added by Stats. 1992, c. 1198 (A.B.2388), § I.
Former Article 4.5, Compensation of Elective and Appointive Officers
During War, added as Article 4 by Stats. 1951, c. 1370, p. 3282, § 1,
renumbered Article 4.5 and amended by Stats. 1961, c. 84, p. I086, § 35,
consisting of former §§ 53070, 53071, was repealed by Stats.1970, c.
I513, p. 3014, § 62.5.
§ 53088. Short title
This article shall be known and may be cited as the Video Customer Sewice
Act.
(Added by Stats. 1992, c. 1198 (A.B.2388), § I.) 68
Resolution No. 99-083
Page 85
~,"GENERAL POWERS & DUTIES
:? l)lv. 2
§ 53088.2
§ 53088.1. Definitions
(a) "Video provider" means any person, company, or service which provides
one or more channels of video programming to a residence, including a home,
condominium, or apartment where some fee is paid, whether directly or as
included in dues or rental charges, for that service, whether or not public
rights-of-way are utilized in the delivery of the video programming. A "video
provider" shall include, but not be limited to, providers of cable television,
master antenna television, satellite master antenna television, direct broadcast
satellite, multipoint distribution services, and other providers of video program-
ming, whatever their technology. A video provider shall, not include a landlord
providing only broadcast video programming to a single-family home or other
residential dwelling consisting of four units or less.
(b) "Material breach" means any substantial and repeated failure to comply
with the consumer service standards set forth in Section 53088.2.
(Added by Stats. 1992, c. t 198 (A.B.2388), § 1.)
§ 53088.2. Duties of video providers; disclosure of customer information;
dispute resolution procedures: authority to schedule penal-
ties
(a) Every video provider shall render reasonably efficient service, make
repairs promptly, and interrupt service only as necessary.
(b) All video provider personnel contacting subscribers or potential subscrib-
ers outside the office of the provider shall be clearly identified as associated
with the video provider.
(c) At the time.of installation, and annually thereafter, art video providers
shall provide to all customers a written notice of the programming offered, the
prices for that programming, the provider's installation and customer service
policies, and the name, address, and telephone number of the local franchising
authority.
(d) All video providers shall have knowledgeable, qualified company repre-
sentatives available to respond to customer telephone inquiries Monday
through Friday, excluding holidays, during normal business hours.
(e) All video providers shall provide to customers a toll-free or local tele-
phone number for installation, and service, and complaint calls. These calls
shall be answered promptly by the video providers. The city, county, or city
and county may establish standards [or what constitutes promptness.
(f) All video providers shall render bills which are accurate and understanda-
· ? (g) All video providers shall respond to a complete outage in a customer's
promptly. The response shall Occur within 24 hours of the reporting of
outage to the provider, except in those situations beyond the reasonable
o[ the video provider. A video provider shall be deemed to respond to a
outage when a company representative arrives at the outage location
24 hours and begins to resolve the problem. .
69
Resolution No. 99-083
Page 86
§ 53088.2 CITIES, COUNTIES. & OTHER AGENCIES
Tide S
(h) All video providers shall provide a minimum of 30 days' written notice
before increasing rates or deleting channels. All video providers shall make
every reasornable effort to submit the notice to the city, county, or city and
county in Zadvance of the distribution to customers. The 30-day notice is
waived if the increases in rates or deletion of channels were outside the control
of the video provider. In those cases the video provider shall make reasonable
efforts to provide customers with as much notice as possible.
(i) Every video provider shall allow every residential customer who pays his
or her bill directly to the video provider at least t5 days from the-date the bill
for services is mailed to the customer, to pay the listed charges unless otherwise
agreed to pursuant to a residential rental agreement establishing tenancy,
Customer payments shall be posted promptly. No video provider may termi-
nate residential service for nonpayment of a delinquent account unless the
video provider furnishes notice of the delinquency and impending termination
at least 15 days prior to the proposed termination. The notice shall be mailed,
postage prepaid, to the customer to whom the service is billed. Notice shall
not be mailed until the 16th day after the date the bill for services was mailed to
the customer. The notice of delinquency and impending termination may be
part of a billing statement. No video provider may assess a late fee any earlier
than the 22nd day after the bill for service has been mailed.
(j) Every notice of termination of service pursuant to subdivision (i) shall
include all of the following information:
(l) The name and address of the customer whose account is delinquent.
(2) The amount of the delinquency.
(3) The date by which payment is required in order to avoid termination of
service.
(4) The telephone number of a representative of the video provider who can
provide additional information and handle complaints or initiate an investiga-
tion concerning the service and charges in question.
,Service may only be terminated on days in which the customer can reach a
representative of the video provider either in person or by telephone.
(k) Any service terminated without good cause shall be restored without
charge for the service restoration. Good cause includes, but is not limited to,
failure to pay, payment by check for which there are insufficient funds, theft of
service, abuse of equipment or system personnel, or other similar subscriber
actions.
(l) All video providers shall issue requested refund checks promptly, but no
later than 45 days following the resolution of any dispute, and following the
return of the equipment supplied by the video provider, if service is terminated.
(m) All video providers shall issue security or customer deposit rehmd c[~ecks
promptly, but no lmter than 45 days following the letruination of service. less
any deductions permitted by law.
(n) Video providers shall not disclose the name and address of a subscriber
for commercial gain to be used in mailing lists or for other commercial
purposes not reasonably related to the conduct of the businesses of the video
7O
Resolution No. 99-083
Page 87
POWERS & DUTIES § 53088.2
or their affiliates, unless the video providers have provided to the
a notice, separate or included in any other customer notice, that
and conspicuously describes the subscriber's ability to prohibit the
"disclosure. Video providers shall provide an address and telephone number for
'a' local subscriber to use without toll charge to prevent disclosure of the
~.' subscriber's name and address.
. (o) Disputes concerning the provisions of this article shall be resolved by the
city, county, or city and county in which the ctmtomer resides. For video
providers under Section 53066, the franchising authority shall resolve disputes.
All other video providers shah register with the city in which they provide
service or, where the customers reside in an unincorporated area, in the county
in which they provide service. The registration shall include the name of the
company, its address, its officers, telephone numbers, and customer service and
complaint procedures. Counties and cities may charge these other video
providers operating in the state a fee to cover the reasonable cost of administer-
ing this division.
(p) Nothing in this division limits any power of a city, county, or city and
county or video provider to adopt and enforce service standards and consumer
protection standards which exceed those established in this division.
(q) The legislative body o~ the city, county, or city and county, may. by
ordinance, provide a schedule of penalties for the material breach by a video
provider of subdivisions (a) to (n),~ inclusive. No monetary penalties shall be
assessed for a material breach where the breach is out of the reasonable control
of the video provider. Further, no monetary penalties may be imposed prior to
the effective date of this section. Any schedule of monetary penalties adopted
~.i. pursuant to this section shall in no event exceed two hundred dotlars ($200) ~or
· ~.;i~. each day of each material breach, not to exceed six hundred dollars ($600) for
,~;~% each occurrence of material breach. However, where a material breach of any
· of subdivisions (a) to (n),~ inclusive, has occurred and the city, county, or city
i';;nd county has provided notice and a fine or penalty has been assessed, in a
uent material breach of the same nature occurring within 12 months, the
may be increased by the city, county, or city and county to a
of four hundred dollars ($400) for each day of each material breach,
to exceed twelve hundred dollars t$1,200) for each occurrence of
breach. Where a thirfi or further material breach of the same nature
within those same 12 months, and the city, county, or city and county
notice and a fine or penalty has been assessed, the penalties may
increased to a maximum of one thousand dollars ($1,000) for each day of
material breach, not to exceed three thousand dollars ($3,000) for each
of the material breach. With respect to video providers subject to a
or license, any monetary penalties assessed under this section sha[l be
dollar for dollar to the extent any liquidated damage or penalty
of a current cable television ordinance, franchise contract, or license
imposes a monetary obligation upon a video provider for the same
met service failures, and no other monetary damages may be assessed.
this section shall in no way affect the right of ~ranchising authorities
71
Resolution No. 99-083
Page 88
§ $3088.2 CITIES, COUNTIES, & OTHER AGENClES~
Title ~1~
concerning assessment or renewal of a cable televisior/ franchise under thei
provisions of the Cable Communications Policy Act of 1984.2 :
(r) I[ the'legisJative body of a city, county, or city and county adopts a
schedule oi: monetary penalties pursuant to subdivision (o)fi the following,
procedures shall be followed:
(1) The city, county, or city and county shall give the video provider written
notice of any alleged material breaches of the consumer service standards of
this division and allow the video provider at least 30 days from receipt.of the,
notice to remedy the specified breach.
(2) A material breach for the purposes of assessing penalties shall be deemed'
to have occurred for each day, following the expiration of the period specified
in paragraph (1), that any material breach has not been remedied by the video
provider, irrespective of the number of customers affected.
(s) Notwithstanding subdivision (m),' or any other provision of law, this
section shall not preclude a party affected by this section from utilizing any
judicial remedy available to that party without regard to this section. Actions
taken by a local legislative body, including a franchising authority, pursuant to
this section shall not be binding upon a court of law. For this purpose a court
of law may conduct de novo review of any issues presented.
(t) If any provision of this act or the applicaltion theft'o[ to any person or
circumstances is held invalid, that invalidity shall not affect other provisions or
app[ications of the act which can be given effect without the invalid provision
or application, and to this end the provisions of this act are severable.
(u) This section shall become operative on September 1. 1993.
(Added by Stats. 1992, c. I198 (A.B.2388), § I. operative Sept. [, 1993. Amended by
Stats.1994, c. 384 (S.B.1941), § 1.)
~ So in enrolled bill. See subdivisions (a) to (p).
z 47 U S.C.A § 52t et seq.
* So m enrolled bill. See subdivision (q).
4 So in enrolled bill. See subdivision (o).
Section
53088.5.
53088.6.
53088.7.
53088.8.
Article 4.6
CONSUMER CONTRACTS: CABLE TELEVISION
Legislative findings and declaration.
Fee for delinquent payment of cable TV services; conditions.
Maximum amount of lees: FCC requirements.
Application o~ article.
Article 4.6 was added by Stats, 1996, c. 666 ?S.B.6/O), § 1.
§ 53088.5. Legislative findings and declaration The Legislature hereby finds and declares as follows:
(a) It is a common practice in the sale or lease of cable television services for
a fee to be imposed upon a consumer's failure to make full and timely payment
of periodic charges for those services.
72
19c(d) C
the
i~ency
for any
(b) ~
if a cot
10th d;
the inv
(e) I
($10).
(Added
~ sac
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televisi
Co'ram
Resolution No. 99-083
Page 89
Resolution No. 99-083
Page 90
Cal. Civil Code Section 1722.
(b) ( l ) Cabte television companies shall inform their subscribers of their right to service connection or
repair within a four-hour period, if the presence of the subscriber is required, by offering the four-
hour period at the time the subscriber calls for service connection or repair, or by notifying their
subscribers by mail three times a year of this service. Whenever a subscriber contracts with a cable
television company for a service connection or repair which is to take place at a later date, and the
parties have agreed that the presence of the subscriber is required, the cable company shall specify,
prior to the date of service connection or repair, the time for the commencement of (he'four-hour
period for the service connection or repair if the subscriber requests.
(2) If the service connection or repair is not commenced within the specified four-hour period,
except for delays caused by unforeseen or unavoidable occurrences beyond the control of the com-
pany, the subscriber may bring an action in smai[ claims court against the company for lost wages,
expenses actually incurred or other actual damages not exceeding a total of five hundred dollars
($500).
(3) No action 'shall be considered valid if the subscriber was not present at the time, within the
specified period, that the company attempted to make the service connection or repair.
(4) In any small claims action, logs a.nd other business records maintained by the company or its
agents in the ordinary course of business shall be prima facie evidence of the time period specified
for the commencement of the service connection or repair and the time that the company or its agents
attempted to make the service connection or repair, or of a diligent attempt by the company to
notify the subscriber of a delay caused by unforeseen or unavoidable occurrences.
(5) It shall be a defense to the action if a diligent attempt was made to notify the subscriber of delay
caused by unforeseen or unavoidable occurrences beyond the control of the company or its agents, or
the company or its agents were unable to notify the subscriber because of the subscriber's absence or
unavailability during the four-hour period, and, in either instance, the cable television company com-
menced service or repairs within a newly agreed upon two-hour period.
(6) No action shall be considered valid against a cable television company pursuant to this section
when the franchise or any local ordinance provides the subscriber with a remedy for a delay in com-
mencement of a service connection or repair and the subscriber has elected to pursue that remedy. If
a subscriber elects to pursue his or her remedies against a cable television company under this section,
the franchising or state or local licensing authority shall be barred from imposing any fine, penalty, or
other sanction against the company, arising out of the same incident.
Copyright [ 997 Jona(han L. Kramer (818) 344 5100
Resolution No. 99-083
Page 91
EXHIBIT F
SUPPORT OF LOCAL CABLE USAGE
I. PEG ACCESS CHANNELS.
Governmental Access Channel.
1. Grantee will continue to make available to
Grantor, at no cost to Grantor, one channel (currently Channel 3)
for the exclusive use of the City, or its designee, for
noncommercial governmental access purposes. Use of the
governmental access channel will be under the exclusive control
of the Grantor and subject to such rules and regulations as the
Grantor may establish.
2. Grantee will not assume control of, nor remove
from Grantor's control, the governmental access channel without
the Grantor's prior written consent, and without compliance with
all applicable rules and regulations of the FCC.
3. Upon the Grantor's request from time to time,
Grantee will provide to Grantor reasonable assistance in
connection with the operation and programming of the governmental
access channel.
Educational Access Channel.
1. Upon completion of the cable system upgrade
referenced in Exhibit D, and upon a determination by the
Grantor's City Council that an educational access channel will
provide a meaningful benefit to the community, taking into
consideration alternative uses for the channel, and that the
channel will be used for a sufficient time to warrant the
allocation of a channel for exclusive use, Grantee will provide
to Grantor, at no cost to Grantor, one channel for noncommercial
local educational programming.
2. All arrangements to broadcast programming on the
educational channel, whether live, tape-delayed, or direct, will
be subject to the approval of the Grantor, and any material
change in the use of this channel by any person will require the
written approval of the Grantor. The Grantor may require that
any user of the educational access channel give written notice to
the Grantor of any arrangements concerning programming or other
matters related to the use of that channel.
3. The Grantor reserves the right to delegate the
operation and management of the educational access channel to
such individuals or entities as it may select, all of whom must
comply with federal, state, and local laws and regulations
relating to the operations of that channel.
4. Grantee will not assume control of, nor remove
from the Grantor's control, the educational access channel
F-1
Resolution No. 99-083
Page 92
without the Grantor's prior written consent, and without
compliance with all applicable rules and regulations of the FCC.
Public Access Channel.
1. Upon completion of the cable system upgrade
referenced in Exhibit D, and upon a determination by the
Grantor's City Council that a public access channel will provide
a meanlngful benefit to the community, taking into consideration
alternative uses for the channel, and that the channel will be
used for sufficient time to warrant the allocation of a channel
for exclusive use, Grantee will provide to Grantor, at no cost to ·
Grantor, one channel for noncommercial public access programming.
2. Upon provision of the public access channel to
Grantor, Grantee will cablecast the community bulletin board on
the public access channel 24 hours a day, except for those hours
when the public access channel is being used to cablecast local
programming. Cablecasting of the community bulletin board will
count as public access programming time. Announcements of
community events and activities will be submitted to the Grantee
in a format that is mutually acceptable to the Grantor and the
Grantee. The community bulletin board may not be discontinued
without the prior written consent of the Grantor. The Grantee
will cablecast community public service announcements on the
public access channel, as requested by community organizations
and authorized users, in such a manner as to obtain maximum
publicity prior to the date of the community event or activity.
3. During the term of this Agreement, Grantee will
make available to Grantor, on a monthly basis, up to a maximum of
50 thirty-second commercial programming spots for Grantor's
noncommercial use in publicizing community events or announcing
local messages of importance to the community. Grantor will be
solely responsible for producing all such thirty-second
announcements and transmitting them to Grantee for cablecasting;
provided, however, that Grantee will have no obligation to
cablecast Grantor's announcements on a specified channel or at a
specified time if the commercial programming spot allocated to
Grantee has, in fact, been sold to a commercial advertiser or
other user.
D. Restrictions.
1. Grantee agrees not to broadcast any commercial
programming on any of Grantor's public, educational, or
governmental access channels.
2. Grantee agrees not to change access channel
assignments arbitrarily, and Grantee will use all reasonable
efforts to minimize those changes; provided, however, that
Grantee may change access channel assignments as it deems
necessary so long as (i) Grantee gives to the Grantor and the
access channel programmer 90 days notice of that change; (ii)
Granuee provides, free of charge, public announcements of that
change; and (ill) Grantee reimburses Grantor for costs reasonably
F-2
Resolution No. 99-083
Page 93
incurred in adapting to the access channel redesignation in an
amount not to exceed $5,000.
SiGnal Quality for PEG Access Channel CablecastinG.
The signal quality for PEG access channel
cablecasting conducted by Grantee will be in compliance with the
FCC's technical standards and will be comparable to, or of higher
qualisy than, other programming carried on the Grantee's cable
syssem. Where a signal carried on a PEG access channel does not
originate with the Grantee, the Grantee must not materially
degrade that signal as it is broadcast over Grantee's cable
system.
Future Increase in Channel Capacitv.
After channel capacity on the Grantee's cable system
has been increased as a result of Grantee's upgrade of that
system, bandwidth may be allocated for PEG access use in addition
to that provided for above in paragraphs A, B, and C. This
allocation will be determined by the parties, taking into
consideration the utilization of existing PEG access channel
capacity and the extent of any excess demand.
Grantee Support of PEG Access Channels.
Not later than January 31 of each year during the
term of this Agreement, Grantee will pay to Grantor an amount
equal to $1.00 for each subscriber that was connected to the
cable television system at the end of the prior calendar year.
This grant will be used by Grantee for facilities, equipment, and
operating costs relating to the public, educational, and
governmental access channels.
H. Payments bv Grantee: No Offset, Pass-Through, or
SurcharGe.
The parties acknowledge and agree that the payments,
grants, or contributions of Grantee, and the value of the
services, equipment, facilities, resources, or other support to
be provided or performed by Grantee in connection with the
public, educational, and governmental access channels as
specified in this Exhibit F, do not constitute, and will not be
offset against, franchise fees that are payable by Grantee to
Grantor, nor passed-through or surcharged to subscribers within
the franchise service area, nor treated as "external costs" under
FCC rules and regulations.
I. Interconnection with Other Local Cable Sv~tems.
Grantee will make available to other operators of
franchised cable systems within the City the public, educational,
and governmental access channels of its cable system to ensure
5hat zhe programming on those channels is available to all
subscribers within the City. Grantee will make its PEG access
channels available for interconnection at a point of presence,
F-3
Resolution No. 99-083
Page 94
such as a fiber node, where no unreasonable signal degradation
will occur. Grantee will not be responsible for any costs and
expenses incurred by another franchised cable operator in making
The interconnection with that point of presence. Similarly,
Grantee will accept PEG access programming from the operators of
other franchised cable systems in the City at a mutually
acceptable point of presence.
II. LOCAL PRODUCTION STUDIO.
A. General Requirements. Grantee will in good faith
cooperate with persons in the franchise service area who desire
to produce programming that will be cablecast over the PEG access
channels. This cooperation will include, without limitation,
reasonable efforts to provide access to production studio
facilities located in nearby communities, regardless of whether
those facilities are owned and operated by the Grantee. If a
public access channel is ultimately provided by Grantee under the
provisions of Section I, paragraph C, and the demand for the use
of production studio facilities substantially increases, then
Grantor and Grantee will meet and confer for the purpose of
exploring all reasonable alterDatives to accommodating that
demand.
B. Guidelines and Rules. Grantor and Grantee may
mutually agree upon guidelines and rules that relate to (i) the
use of access channels; and (ii) the use of local production
studio facilities. When adopted, those guidelines and rules may
be attached as Schedule 1 to this Exhibit F. Modifications may
be made to these guidelines and rules by mutual consent of the
Grantor and the Grantee.
III. FUTURE PEG ACCESS CHANNEL NEEDS.
Either party to this Agreement may request that the
other party meet and confer to discuss actual or potential
changes in PEG access channel requirements, whether attributable
to technological developments, changes in viewership statistics,
or other factors. Any modifications to this Exhibit F that are
agreed upon by the parties will be memorialized in writing.
- F-4
Resolution No. 99-083
Page 95
SCHEDULE 1
to
EXHIBIT F
GUIDELINES AND RULES FOR THE USE OF PUBLIC ACCESS CHARNELS AND
LOCAL PRODUCTION STUDIO
[To Be Added]