1981-041ORDINANCE NO. 81- 41
AN ORDINANCE APPROVING A CABLE TELEVISION
FRANCHISE AGREEMENT BETWEEN THE VILLAGE OF
BUFFALO GROVE AND WARNER AMEX CABLE COMMUN-
ICATIONS COMPANY
WHEREAS, the President and Board of Trustees chose to negotiate a
Cable Television Franchise Agreement with Warner Amex Cable Communications
Company after reviewing a number of proposals, and
WHEREAS, the Village of Buffalo Grove has worked closely with the
neighboring communities of Elk Grove Village, Hoffman Estates and Rolling
Meadows to establish the provisions of the Franchise Agreement, and
WHEREAS, the provisions of the Franchise Agreement meet the require-
ments established in Ordinance No. 81 -18, the Village's Cable Communications
ordinance, and
WHEREAS, the President and Board of Trustees have reviewed and
accepted the provisions of the Franchise Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that:
SECTION 1. The Village President and Village Clerk are hereby directed
to execute the Franchise Agreement attached hereto and made a part hereof.
SECTION 2. This Ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law. This
ordinance may be published in pamphlet form.
AYES: 4 - Marienthal, Stone, Hartstein, Schwartz
NAYES: 1 - O'Reilly
ABSENT: l - Gerschefske
PASSED: July 27
APPROVED: July 27
ATTEST:
Village CT&k
1981
1981
Village President
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VILLAGE OF BUFFALO GROVE
CABLE TELEVISION FRANCHISE AGREEMENT
Table of Contents
SECTION 1: Grant and Acceptance of Franchise
SECTION 2: Definitions
SECTION 3: Commitments by Franchisee to Extrinsic Matters
SECTION 4: Rights Reserved by Municipality
SECTION 5: Term
SECTION 6: Territorial Extent of Franchise
SECTION 7: Line Extension Policy
SECTION 8: Description of System Design
SECTION 9: Technical Performance and Standards
SECTION 10: Areawide Interconnection of Cable Systems
SECTION 11: Channel Line -up
SECTION 12: Construction Schedule
SECTION 13: Standards and Restrictions as to Construction
and Installation
SECTION 14: Services to the Subscriber
SECTION 15: Access Channel Service
SECTION 16: Maintenance and Customer Service
SECTION 17: Public Access Channel
SECTION 18: Services to the Municipality
SECTION 19: Services to Education and Other Institutions
SECTION 20: Program and Production Assistance
SECTION 21: Production Facilities and Staffing
SECTION 22: Rates and Charges
SECTION 23: Leased Channels
SECTION 24: Delegation of Powers
SECTION 25: Franchise Application Review Fee
SECTION 26: Franchise Fee
SECTION 27: Notices
SECTION 28: Effective Date
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FRANCHISE AGREEMENT
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THIS AGREEMENT is entered into by and between the Village of Buffalo
Grove, an Illinois Municipal Corporation, hereinafter referred to as "Munici-
pality ", and Warner Amex Cable Communications Company of Northwest Suburbs, a
joint venture, hereinafter referred to as "Franchisee."
In consideration of the faithful performance and strict observance
by the Franchisee of all the terms, provisions, conditions, obligations and
reservations hereinafter set forth or provided for herein, and also provided
for in the Village of Buffalo Grove Cable Communications Ordinance (Ordinance
No. 81 -18) pursuant to which this Agreement is executed, and in consideration
of the grant to the Franchisee, by the Municipality, of a cable communication
system franchise, it is hereby agreed between the parties hereto as follows:
SECTION 1: Grant and Acceptance of Franchise
The Municipality hereby grants to Franchisee a non - exclusive franchise
and right to erect, install, construct, reconstruct, replace, remove, repair,
maintain, operate in or upon, under, above, across and from the streets, avenues,
highways, sidewalks, bridges, and other public ways, easements, and rights -of-
ways as now existing and all extensions thereof, and additions thereto, in, be-
longing to or under the jurisdiction of the Municipality, all necessary poles,
wires, cable, coaxial cables, transformers, amplifiers, underground conduits,
manholes, and other television and /or radio conductors and fixtures for the
sole purpose of the ownership, maintenance and operation in the Municipality
of a cable communication system, all in strict accordance with the laws, ordi-
nances, and regulations of the United States of America, the State of Illinois,
and the Municipality as now existing or hereafter adopted or amended.
Franchisee hereby accepts the franchise and warrants and represents
that it has examined all of the provisions of the Village of Buffalo Grove Cable
Communications Ordinance, and this franchise, and it accepts and agrees to all
the provisions contained therein, and the same are incorporated herein.
This grant extends to the leased or rented use of poles and other
facilities of any utility now or in the future operating in the Municipality
to the extent that the Municipality has the power to do so.
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SECTION 2: Definitions
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Unless the context clearly indicates that a different meaning is
intended, for the purposes of this Agreement all terms, phrases, words and
their derivations shall have the meaning given them in Article II, Section 1,
of the Cable Communications Ordinance, and shall include the definition of
"gross revenues" contained in the letter dated April 1, 1981, from Richard M.
Berman, General Counsel, Warner Amex Cable Communications of Northwest Suburbs,
which is attached hereto as Exhibit A, and made a part hereof.
SECTION 3: Commitments by Franchisee to Extrinsic Matters
The Franchisee hereby:
(a) Accepts and agrees to all of the provisions of the Cable
Communications Ordinance, and the obligations imposed upon it thereby, to the
same degree, and extent as if each and every such provision were repeated herein,
and irrespective of whether any such provisions be so repeated. The Franchisee
further accepts and agrees that, except to the extent they may conflict with
this franchise or be expressly modified herein, it hereby contractually binds
itself to the Municipality as to all commitments heretofore made by it to the
Municipality, relating to construction and operation of its system, and the
services to be rendered thereby, as recited in Exhibits A through K which are
attached hereto and made a part hereof.
In case of conflict or ambiguity between any of the preceding documents,
that provision which provides the greatest benefit to the Municipality in the
opinion of the Village Board, shall prevail.
(b) Represents and warrants to the Municipality that it has
examined all of the provisions of the Cable Communications Ordinance and waives
any claim that any provisions thereof are unreasonable, arbitrary, invalid or
void.
(c) Recognizes the right of the Municipality to make reasonable
amendments, changes and modifications to the Cable Communications Ordinance, or
Franchise Agreement as provided in Article IV, Section 3, and Article VII,
Section 6 (A) of the Ordinance. No other changes, modifications or amendments
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may be,�made with respect to this Agreement, except by the mutual written
consent of the Franchisee and the Municipality. It further recognizes and
agrees that the Municipality shall in no way be bound to renew the franchise at
the end of any franchise term.
(d) Agrees to use its best efforts, at its expense, to actively
and diligently conduct the processing of all applications to the FCC (Or other
governmental regulatory bodies) necessary to permit construction and commence-
ment of its operations in accordance with the Cable Communications Ordinance
and this Franchise Agreement, including but not limited to, FCC approval of
excess franchise fees and any special licenses or permissions associated there-
with.
SECTION 4: Rights Reserved by Municipality
In addition to the rights reserved to the Municipality in Article VII,
Section 6 and Article IV, Section 6, of the Cable Communications Ordinance, the
franchise is subject to the right of the Municipality, pursuant to the following
provisions of the Cable Communications Ordinance:
(a) To require proper and adequate extensions of plant and
service and maintenance thereof at the highest practicable standard of efficiency,
and specifically to require extension of service to all potential subscribers in
the Primary Service Area of the Municipality within two (2) years of the effective
date of the franchise; the effective date of the franchise being the latest date
of the franchise agreement executed by Rolling Meadows, Buffalo Grove, Elk Grove,
or Hoffman Estates, or July 30, 1981, whichever is earliest.
(b) To establish reasonable standards of service and quality of
products, and to prevent unjust discrimination in service or rates.
(c) To require continuous and uninterrupted service to the
public in accordance with the terms of the franchise throughout the entire period
thereof.
(d) To control and regulate the use of its streets, alleys, bridges,
and public places and the space above and beneath them.
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(e) To install and maintain without charge, its own equip-
ment upon the Franchisee's poles upon the condition that said equipment does
not unreasonably interfere with the operations of the Franchisee.
(f) Through its appropriately designated representatives, to
inspect all construction or installation work performed subject to the pro -
visions of the Franchise Agreement and the Cable Communications Ordinance and
to make such inspections as it shall find necessary to insure compliance with
the terms of the franchise, the Cable Communications Ordinance, and other
pertinent provisions of law.
(g) At the expiration of the term for which this franchise is
granted, or upon the revocation of the franchise as provided in the Cable Commun-
ications Ordinance, to require the Franchisee to remove, at its own expense, any
and all portions of the Cable Television System from the public ways within the
Municipality should no successor Franchisee be named by the Municipality.
SECTION 5: Term
The term of this franchise shall be fifteen (15) years from the
effective date of this franchise agreement. It shall continue unless sooner
terminated or renewed as provided by the Cable Communications Ordinance. This
Franchise Agreement may be renewed at the discretion of the Municipality pursu-
ant to the procedures set forth in Article IV, Section 5 of the Cable Communica-
tions Ordinance.
SECTION 6: Territorial Extent of Franchise
The Franchisee is authorized to operate throughout the entire territory
within the corporate limits of the Municipality, as the same now or in the future
may exist. Pursuant to Article VI, Section 1, of the Cable Communications
Ordinance, the Primary Service Area shall be the area shown on the map attached
hereto as Exhibit B and made a part hereof. The Municipality specifically re-
tains the rights to award to other Franchisees the right to operate a cable
system in the Municipality.
SECTION 7: Line Extension Polio
(a) Franchisee will extend cable service at its sole cost to any
area outside of the Primary Service Area which may be subsequently annexed by
the Municipality that has a minimum density ratio of 50 dwelling units per
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street mile throughout in accordance with Article VI, Section 2 of the Cable
Communications Ordinance. If said annexation requires the Municipality to
approve a plat of subdivision, the Franchisee shall complete construction of
the cable television system along with public and private utilities within 24
months of the date of approval of the plat of subdivision. The penalty assessed
upon the Franchisee will be $500.00 per day for each day of non - compliance
with the 24 month time schedule. The time schedule may be extended by the
Franchisee for a period of time occasioned by delays due to war, riot, insurrec-
tion, rebellion, strike, lockout, unavoidable casualty or damage to personnel,
materials or equipment, fire, flood, storm, earthquake, tornado, orders of a
court of competent jurisdiction, any act of God, utilities' dalays, failure to
obtain easements, or any cause beyond the control of Franchisee.
(b) In areas annexed by the Municipality comprised of a density
ratio less than 50 dwelling units per street mile (hereinafter referred to as
a "Secondary Service Area %) Franchisee will extend service as follows:
(i) When the Franchisee is requested to extend service
to any person or persons in a Secondary Service Area, Franchisee shall under-
take an engineering /cost survey within 30 days after such request.
(ii) At the conclusion of the survey, the Franchisee will
determine the total capital cost required to extend service to the Secondary
Service Area. Franchisee will contribute 50% of the cost and the requesting
persons shall contribute the balance on a pro -rata basis should they desire to
proceed. Those residents who do accept these conditions will comprise the Initial
Service Group ( "ISG ").
(iii) Within 30 days after determination of the ISG and
receipt of all contributions from that Group, construction will commence. If,
at any time after the determination of the ISG, an additional resident or resi-
dents within that Secondary Service Area desire service, such additional resident
or residents will be required to contribute a pro -rata amount equal to the
amount they would have contributed had they been included as an original member
of the ISG. Said contributions will then be redistributed equally to each member
of the ISG, or their assignee, by the Franchisee.
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(iv) The foregoing procedure will continue until the
density in the Secondary Service Area reaches 50 dwelling units per street
mile. When such density occurs, Franchisee will fully refund to all orig-
inal and subsequent members of the ISG, or their assignee, the balance of
the amount they have contributed in excess of standard installation fees.
SECTION 8: Description of System Design
(a) The Franchisee's cable communication system shall consist
of a Subscriber Network and an Institutional Network, as described in Exhibit
C attached hereto and made a part hereof, both of which Networks shall conform
in all respects with the performance and technical standards described in the
Cable Communications Ordinance and Section 9, below.
(b) Nothing herein shall be construed to prohibit the Franchisee
from increasing the capability of the cable communication system or constructing
the same in accord with more advanced technological standards than initially pro-
posed by the Franchisee.
SECTION 9: Technical Performance and Standards
All performance and technical standards governing construction, recon-
struction, erection, installation, operation, testing, use maintenance and
dismantling of the cable communication system provided for herein shall be in
accordance with all applicable FCC and other federal, state and municipal laws
and regulations, provided however, that if the FCC discontinues promulgation
or enforcement of such technical specifications, such specifications shall remain
in force and effect until Municipality exercises its right hereunder to amend this
Agreement to require such reasonable standards as it shall deem necessary.
SECTION 10: Areawide Interconnection of Cable Systems
Franchisee agrees to provide a.hard cable interconnection pursuant to
Exhibit D attached hereto and made a part hereof from its main head -end located in
Rolling Meadows with the main head -end of Cablenet, or its successor. Franch-
isee further agrees to interconnect with future Cable Communication Systems
providing service within the same community college, high school, elementary
school, or library districts which serve the Municipality. Said interconnect
shall be based on engineering feasibility, a cost sharing formula between the
systems on a per dwelling unit passed formula, and obtaining the necessary rights-
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of -ways and pole attachment agreements.
SECTION 11: Channel Line -up
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The cable communication system as installed in the Municipality
shall provide the services and possess the physical capabilities set forth
in Exhibit E attached hereto and made a part hereof.
SECTION 12: Construction Schedule
(a) Within 24 months of the effective date of this Franchise
Agreement, Franchisee shall construct and activate the cable television
system and offer cable communications services to all residences or persons
requesting such service within the Primary Service Area in accordance with
Article VI, Section 9, of the Cable Communications Ordinance, and the construc-
tion and activation schedule set forth in (b) below.
(b) Within 15 months of the effective date of this Franchise
Agreement, Franchisee shall install,'activate and offer service to not less
than 15% of the total number of potential subscribers within the Primary
Service Area.
(c) The penalty assessed upon the Franchisee will be $500.00
per day for each day of non - compliance with the time schedule in (a) above and
$250.00 per day for each day of non - compliance with the time schedule in (b)
above.
The time schedules may be extended by the Franchisee for a period of
time occasioned by delays due to war, riot, insurrection, rebellion, strike,
lockout, unavoidable casualty or damage to personnel, materials or equipment,
fire, flood, storm, earthquake, tornado, orders of a court of competent juris-
diction, any act of God, utilities' delays, failure to obtain easements, or any
cause beyond the control of the Franchisee.
In the event the time schedule for construction is extended as above
provided, the subscriber rate schedule as set forth in Section 22, Rates and
Charges, shall be extended a like period of time for those subscribers not
already served by the cable communication system.
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SECTION 13: Standards and Restrictions as to Construction and Installation
(a) The Franchisee shall at all times during the term of the
Franchise be subject to all ordinances, rules and regulations currently in
effect or as hereafter may be imposed by the Municipality, which have been
determined to be conducive to the health, safety and welfare of the public
in the exercise of its police power. The Municipality hereby waives all per-
mit or inspection fees insofar as they relate to Franchisee's construction of
the cable system plant, subscriber drops, or installation for CATV service.
Permit fees shall be paid in accordance with Village codes for any construction
by the Franchisee including but not limited to new or remodeled structures,
towers, antennas, or electrical connections. The Franchisee will reimburse
the Village at the hourly rates hereinafter set forth for plan review and
inspections by municipal engineering personnel relating to Franchisee's con-
struction of the cable plant. Reimbursement to the City shall be payable with-
in thirty (30) days of receipt of invoice. The rates are as follows:
Municipal Engineer $21.50 per hour
Civil Engineer $16.00 per hour
Inspector $17.00 per hour,
Clerical $ 8.50 per hour
Said rates are subject to change annually on May 1 during the term of this
agreement.
(b) No construction, reconstruction or relocation of the cable
television system, or any part thereof, within the streets shall be commented
unless written permits have been obtained from the proper municipal officials.
In any permit so issued, such official may impose any condition, restriction or
regulation as is necessary for the purpose of protecting any structures, and for
the protection of the public and the continuity of pedestrian and vehicular
traffic. Upon obtaining such permits or other written approval, the Franchisee
shall give the appropriate municipal official written notice of proposed con-
struction at least twenty (20) days prior to construction.
(c) Prior to the erection or installation of any towers, poles,
guys, anchors, underground conduits, manholes, or fixtures for use in connection
with the installation, construction, maintenance or operation of the cable
television system under this Franchise, the Franchisee shall first submit to
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the Municipal Engineer, for approval, a concise description of the facilities
proposed to be erected or installed, including.engineering drawings, if required,
together with a map and plans indicating the proposed location of all such
facilities. No erection or installation of any tower, pole, guy, anchor, under-
ground conduit, manhole, or fixture for use in a community antenna television
system shall be commenced by any person until approval therefor has been received
from the Municipal Engineer provided further, that such approval shall not be
unreasonably withheld. Notwithstanding such approval, however, the Municipality
shall have the right to inspect all construction or installation work performed
subject to the provisions of this franchise and make such inspections as it
shall find necessary to insure compliance with the terms of this franchise and
other pertinent provisions of law.
(d) Any contractor performing installation, maintenance, or repair
of system equipment must be properly licensed under the laws of the State of
Illinois, and all local ordinances, and be thoroughly experienced in underground
conduit and cable installation, in cable installation on poles, or in any other
capacity for which retained.
(e) The Franchisee's system and associated equipment erected by
the Franchisee within the Municipality shall be located to cause minimum inter-
ference with the proper use of streets, alleys, and other public ways and places,
and to cause minimum interference with the rights and reasonable convenience of
property owners who adjoin any of the said streets, alleys or other public ways
and places. No pole or other fixtures placed in any public ways by the Franch-
isee shall be placed in such a manner as to interfere with the usual travel on
such public way.
(f) No poles or other wire - holding structures shall be erected
by the Franchisee without prior approval and in the sole discretion of the
Municipal Engineer with regard to location, height, type and any other pertinent
aspect. However, no location of any pole or wire- holding structure of the
Franchisee shall be a vested interest and such poles or structures shall be
removed or modified by the Franchisee at its own expense whenever the Municipal-
ity determines that the public safety would be enhanced thereby. Franchisee
shall utilize existing poles, conduits, or other wire - holding structures when-
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ever possible. Where the Municipality or a public utility serving the Munic-
ipality desires to make use of the Franchisee's poles, Franchisee shall make
every effort to accommodate the needs of the Municipality if the Municipality
determines that such use would enahnce the public convenience and if such use
would not unreasonably interfere with the cable television system operations
of the Franchisee.
(g) All installations shall be underground in those areas of the
Municipality where public utilities providing both telephone and electric service
are underground at the time of installation. Notwithstanding any ordinances
to the contrary, in areas where either telephone or electric utility facilities
are aboveground at the time of installation of the cable system the Franchisee
may install its service aboveground, provided that at such time as the utility
facilities are required to be placed underground by the Municipality or are
placed underground by the Utility, the Franchisee shall likewise place its ser-
vices underground without additional cost to the Municipality or to the individual
subscriber so served within the Municipality. Where not otherwise required to be
placed underground by this ordinance, the Franchisee's system shall be located under-
ground at the request of the adjacent property owner, provided that the excess
cost over aerial location shall be borne by the property owner making the request.
All cable passing under the roadway shall be installed in conduit. Street cuts
will only be permitted if specifically approved by the Municipal Engineer.
(h) The Municipality does not guarantee the accuracy of any maps
showing the horizontal or vertical location of existing substructure. Where
necessary the location shall be verified by the Franchisee.
(i) Franchisee shall, at its cost and expense, and in a manner
approved by the appropriate municipal official, repair, replace or restore any
street, sidewalk, alley, public way or any other property disturbed or damaged
or in any way injured by or on account of its activities in as good condition
as before the work involving such disturbance was done and agrees to do so as soon
as practicably possible after completion of such work causing such disturbance or
damage. In the event Franchisee fails to perform the replacement or restoration
in a manner approved by the Municipality or property owner, Municipality or
owners shall have the right to do so at the sole cost and expense of the
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Franchisee. Upon written demand for reimbursement for the cost of replacement
or restoration of damaged property, Franchisee shall promptly remit reimbur-
sement to the Municipality or property owners, or the Municipality may draw
upon the cash escrow or letter of credit required to be maintained by
Franchisee pursuant to Article IV, Section 12 (E) of the Cable Communications
Ordinance.
(j) Franchisee shall have authority to cut or trim any tree,
shrub or vegetation on public property as may be necessary to protect its wire
and facilities. All such trimming shall be performed in accordance with
standard local horticultural practices. The Municipality reserves the option
to have the Village employees perform the trimming, or to allow Franchisee to
perform the work under the supervision and direction of the Municipality. Any
such work shall be performed at Franchisee's expense.
(k) The desire of the subscriber as to the point of entry into
the residence shall be observed wherever possible. Runs in building interiors
shall be as unobtrusive as reasonably possible.
(1) During the period of construction, Franchisee's Project
Manager will be responsible for administering any and all complaints concerning
construction activity. The Franchisee will provide the Village and other
appropriate parties with the name, address and phone number of the Project Manager
or his /her designee before construction commences.
SECTION 14: Services to the Subscriber
(a) Concurrently with the activation of the cable communications
system in the Municipality pursuant to Section 12 of the Franchise Agreement,
the Franchisee shall provide all services to subscribers as described in
Exhibit E and in accordance with the rates and charges described in Exhibit F,
which are attached hereto and made a part hereof.
(b) Concurrently with the activation of the cable communications
system in the Municipality pursuant to Section 12 of the Franchise Agreement,
the Franchisee shall mail, on a regular basis, a free program guide to all
subscribers which shall include Regular Subscriber Services and Pay Services.
Where programs have been given a rating or code designating suggested audiences,
such rating, and the reason therefor, shall be included in the program description.
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(c) The Franchisee shall provide to each subscriber the con-
verter equipment necessary for the receipt of all services to which they
subscribe. Converters shall have the capability of allowing the subscriber
to "lock out" audible and visual receipt of programming on premium channels.
The Franchisee may collect at the time of installation, a deposit from sub-
scribers to insure the protection and return of the converter equipment. At
the termination of service, the subscriber shall receive a refund, in full,
of his security deposit when the subscriber returns the converter equipment in
good condition to the Franchisee. Normal wear is expected. In the event the
converter equipment is not returned to the Franchisee or is not returned in
good condition at the termination of service, the Franchisee may retain from
the security deposit the actual cost of the converter equipment or the actual
cost of repair.
(d) Franchisee shall mail to each subscriber on a monthly
basis an itemized bill clearly indicating each service for which payment is due.
SECTION 15: Access Channel Service
Concurrently with the activation of the cable communication system
pursuant to Section 12 of this Agreement, Franchisee shall offer to all non -
subscriber residents, in the Primary Service Area at their request, and as the
system is activated in any secondary service .area, with a service outlet in their
premises which shall be capable of providing a minimum of three channels: One
(1) local government access, one (1) public access, and one (1) education access
channel. The installation charge shall be as described in Exhibit F.attached hereto
and made a part hereof. No monthly subscription rate will be charged. Activation
and installation of this service shall be performed on the same construction
schedule as for subscribers in the immediate area.
SECTION 16: Maintenance and Customer Service
The Franchisee shall:
(a) Maintain all wires, conduits, cables and other real and
personal property and facilities comprising the cable television system in good
working condition.
(b) At all times maintain a force of one or more agents or employees
in sufficient numbers and of sufficient technical qualifications to safely, ade-
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quately and promptly repair any structural damage to system.equipment which
is located in, over, under or upon public streets, ways, or places; and to
immediately secure the public safety in the vicinity thereof, prior to, and
during the making of said repairs.
(c) Operate the cable television system continuously, with
operating personnel available on call 24 hours per day with a publicly listed
telephone number to receive complaints and requests for repairs or adjustments
at any time.
(d) Render efficient service, locate and repair malfunctions
promptly, and respond to subscriber service complaints within 24 hours after
notice; except where extraordinary circumstances exist, as provided in the
Cable Communications Ordinance.
(e) Maintain a log accurately showing the time, the duration,
probable cause and action taken on all failures or outages on the main distri-
bution system and each and every subscriber complaint or request for repair
received and the disposition thereof. Said log shall be available for inspec-
tion by the Municipality at any time during normal business hours.
(f) Maintain a customer service office in the Municipality.
Subscribers may use any customer service office listed above for payment and
adjustment of bills, complaints and requests for repair or other transactions.
Each office shall maintain regular business hours which shall include, at a minimum,
four and one -half days between Monday and Friday, and Saturday morning.
(g) Furnish information, as subscribers are connected or recon-
nected to the cable television system, concerning the procedures for making
inquiries or complaints. Such information shall include, at a minimum, the
address, telephone number and hours of operation of the cable television company,
to whom such inquiries and complaints are to be addressed.
SECTION 17: Public Access Channel
(a) Concurrently with the activation of the cable communication
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system pursuant to Section 12 of this agreement, the Franchisee shall provide
two (2) public access channels for use by the public which access channels
shall be operated in accord with applicable rules and regulations of all Federal,
State and local agencies having jurisdiction. Not later than the completion of
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construction of the cable communications system as set forth in Section 12(a).
the Franchisee shall provide studio and production facilities and personnel nec-
essary for the use of the public access channels by the public as described in
Section 20 and 21, infra. Concurrently with the activation of the cable communica-
tions system pursuant to Section 12 of this agreement, the Franchisee shall make
available portapaks and the mobile production unit. Franchisee reserves the
right to limit such access to not more than 60 minutes per individual or organiza-
tion. No charge shall be made for production of public access programs not
exceeding 60 minutes in length.
(b) The Franchisee shall adopt operating rules for the public
access channels as provided in Article VI, Section 4 (b) (3), of the Cable
Communications Ordinance which shall be filed with the Municipality prior to
the activation of the channels. Said operating rules shall include the following
minimum requirements:
(1) The users of public access channels shall be responsible
for obtaining appropriate authorization from the owners of intellectual prop-
erty rights for their use in connection with public access productions. Any
user of this public access channel, equipment of facilities shall agree in writing
to hold Franchisee harmless from any and all liability or other injury including
any reasonable costs of defending claims or litigation, arising from or in con-
nection with claims for failure to comply with any applicable laws; for claims
of libel, slander, invasion of privacy, or the infringement of common law or
statutory copyright; for unauthorized use of any trademark, trade name or
service mark; for breach of contractual or other obligations due third parties
by Franchisee; for any other injury or damage in law or equity, which claims
result from the user's use of equipment and facilities. Franchisee shall be
responsible for obtaining such waiver from all users of the public access
channels and shall hold the Municipality harmless from any and all liability or
other injury including reasonable costs of defending claims or litigation
arising from all public access use.
(2) Franchisee may require a reasonable deposit from any
public access channel user when said user removes equipment belonging to
Franchisee from any access studio facility. Nothing herein shall be construed
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to limit the liability of any person removing such equipment from such
facilities or to relieve such person from liability for all damages if such
equipment must be repaired or replaced due to damage, theft or abuse while
bailed to such person. Franchisee has the exclusive authority to lend its
equipment to any person.
(3) Franchisee shall keep a public file available at its
local office of all requests it receives for the use of public access channels
and for the transmission of programming on public access channels, including-the
names and addresses of those making such requests. Such files shall be avail(-
able for public inspection during normal business hours. The files shall be
maintained by Franchisee until the earliest scheduled performance evaluation
session provided for in the Cable Communications Ordinance.
(4) The public access channels shall be operated in a manner
consistent with the principle of fairness and equal accessibility of facilities,
equipment, studios and other services to all citizens, businesses, public
interest groups or other entities having a legitimate use for the system and no
one shall be arbitrarily excluded from its use. The Municipality shall have
the right to review all operating rules filed by Franchisee to insure the pro-
tection of the public interest and the accessibility of the cable television
system.
SECTION 18: Services to the Municipality
The Franchisee shall provide the following services to the Municipality,
concurrently with the activation of the cable communication system pursuant to
Section 12 of the Franchise Agreement:
(a) One service outlet activated for Basic Service on the Sub-
scriber Network at the Municipal facilities set forth. in Exhibit G attached
hereto and made a part hereof. Franchisee shall waive all charges for instal-
lation and monthly subscription rates, provided however, that the Municipality
shall assume the installation charges at cost for any additional outlets, in
excess of two television sets, requested by the Municipality. If the Munici-
pality constructs or otherwise acquires any additional facilities during the
term of the Franchise, whether located inside or outside of the Primary Service
Area, but within the Municipality as its boundaries then exist, such facility
shall be provided with a service outlet according to the terms and
•
-16-
9
conditions of this section and other applicable provisions of the Franchise
Agreement and the Cable Communications Ordinance.
(b) A connection to the Institutional Network from all facil-
ities listed in Paragraph (a.) above, and all additional facilities, to permit
program origination from such facilities, at no charge to the Municipality.
(c) One channel, designated as the local government channel
for exclusive programming use of the Municipality. Such channel shall be avail-
able to subscribers as part of the Access Channel Service Tier or Basic Service
package on the Subscriber Network. Concurrently with the activation of the
cable communications system, the Franchisee shall provide to the Village an
Alpha- Numeric character generator to program visual messages and announcements
and a modulator to inject programming into the cable communication system
from the Village Hall.
(d) Six video channels, three in. a downstream direction, and
three in an upstream direction, on the Institutional Network, for the exclusive
use of the Municipality.
(e) The equipment required to automatically interrupt programming
on all channels of the Subscriber Network by means of an audio and video message
to present emergency information by public and law enforcement officials of the
Municipality. Such equipment shall be installed at the Village Hall and system
head -end at no charge for the equipment, installation or maintenance.
(f) The services of its program and production staff to promote
use of the local government channel
SECTION 19: Services to Education and Other Institutions
Concurrently with the activation of the cable communication system in
the Municipality, the Franchisee shall provide to all public, private, and
parochial schools and institutions for higher learning which have been granted a
Certificate of Recognition, public libraries and the following other institutions:
(a) One channel available as part of the Regular Subscriber Ser-
vice for the priority programming use of public libraries, park districts, and
hospitals.
-17-
G
(b) One channel available as part of the Regular Subscriber
Service for the priority programming use of colleges /community colleges.
(c) One channel available as part of the Regular Subscriber
Service for the priority programming use of high schools - grades 9 through
12.
(d) One channel available as part of the Regular Subscriber
service for the priority programming use of elementary and junior high schools -
grades kindergarten through 8.
(e) At such time as one of the dedicated channels indicated above
is programming a minimum of 12 hours per day, Monday through Friday, for a period
of not less than six months, the Franchisee shall make an additional channel
allocation available for the use of that institutional user up to system capac-
ity. Such allocation shall be made available for use within nine months of
notification and application by the institutional use for such channel.
(f) One service outlet activated for Regular Subscriber Service
to each institution designated above, at no charge within the Primary Service
Area and for buildings outside the Primary Service Area, in accordance with
Article VI, Section 4 (C) of the Cable Communications Ordinance and Section 7
hereof.
(g) The Franchisee shall provide connections for video originations
from the designated educational and other institutions. The Franchisee shall make
its studios and remote cable casting equipment available for educational program-
ming and shall provide maintenance, at no cost, of cables, amplifiers and other
distribution equipment owned by the Franchisee and used for educational program-
ming and shall, at no cost, provide production, technical and administrative
assistance in all aspects of educational programming.
(h) The Franchisee shall provide the proportionate share of
equipment for the Harper College District Television Studio that is represented
by the population of the Village to the population of the Harper Community
College District.
(i) Designated users shall not sell, assign, transfer, lease
or sub- lease, or otherwise transfer their interest in, or right to use, the
designated channels described herein without the prior consent of the Municipality.
M".0
SECTION 20: Program and Production Assistance
(a) Franchisee shall provide free of charge consulting and
training services on production and program format and the use of public
access, governmental and educational channels.
(b) At least one full -time person shall be employed by the
Franchisee to promote the public channels, community affairs, and other cable -
casting channels and to advise such users on the programming and production
matters.
(c) Franchisee shall offer and conduct a free workshop, not less
than once every six months, to provide training on the use and care of pro-
duction equipment. Announcements of the date, time and place of said workshops
shall be made over the public access and community affairs channels no less
than six times daily for a two week period prior to the workshop. Notice of
the workshop shall also be published in the subscriber's program guide and a
newspaper of general circulation in the Municipality. Attendance at and com-
pletion of such a workshop or evidence satisfactory to the Franchisee of equiv-
alent training or experience may be a prerequisite to using production facilities
and equipment.
SECTION 21: Production Facilities and Staffin
The Franchisee shall provide the production facilities and staffing
as set forth in Exhibits H, I, and J attached hereto and made a part hereof.
SECTION 22: Rates and Charges
Initial charges shall be made by the Franchisee to subscribers in
accordance with the schedule of such charges, marked Exhibit F, attached hereto
and made a part hereof. Additional services and fees therefor may be made
available by the Franchisee at any time in accordance with the Cable Communications
Ordinance. The initial charges shall remain in effect for a period of thirty -six
(36) months from the time service is provided to the first subscriber in the
Municipality, except as otherwise set forth in Section 12 (c) of this Agreement.
SECTION 23: Leased Channels
Franchisee may lease portions of its bandwidth not specifically desig-
nated for other uses for leased services as follows:
-19-
(a) Franchisee may limit the amount of time granted on any
leased channel to any person.
(b) Franchisee shall set rates, following negotiations with
the respective lessees, for the leasing of time on such channels and may classify
lessees to various categories. Such rates and categories shall be on public
file in the local office of Franchisee and may, with the approval of Franchisee
and lessee be available for public inspection during normal business hours.
A copy of said rates and categories shall also be filed with the Municipality.
(c) Franchisee shall establish rules and regulations and condi-
tions for the operation of such leased channels, as described in Exhibit K, which
shall be included in any lease or other agreement entered into by Franchisee which
shall include the following:
(1) Operation of said channel shall not disrupt or otherwise
cause objectional interference with any other channel of the cable television
system.
(2) In the event that such interference is unavoidable, the
Lessee shall immediately cease further operations until such interference is
eliminated. Failure by the lessee to comply with the request of Franchisee to
cease interference or operation, whichever is applicable, shall result in the
immedicate termination of the lease or other agreement and any right thereunder
to use a leased channel.
(3) No program, production or presentation shall be transmitted
or permitted to be transmitted on any leased channel which violates any law re-
garding obscenity or lottery information.
(4) Franchisee shall require all users to comply with all
laws regarding obscentiy on its leased channels. Franchisee may schedule programs
on leased channels in consideration of the children in the viewing audience.
(5) Any paid political announcement or program on a leased
channel shall be designated as such and shall indicate the person paying for the
same at the time said announcement or program is cablecast.
-20-
SECTION 24: Delegation of Powers
•
Municipality shall not be precluded from delegating any power or
authority contained within the Cable Communications Ordinance or this Franchise
Agreement to any agency, employee or department within or outside the Munici-
pality.
SECTION 25: Franchise Application Review Fee
On execution of this Agreement the Franchisee shall reimburse the
Municipality $20,000.00 for all expenses incurred by the Municipality in
negotiating and preparing the Cable Communications Ordinance and Agreement.
Such costs shall include attorney's fees, secretarial expenses and time,
Northwest Municipal Conference expenses and municipal staff time.
SECTION 26: Franchise Fee
(a) In consideration of the privileges granted under the Cable
Communications Ordinance and the Franchise Agreement for the operation of a cable
communication system within the municipality, the Franchisee shall pay to the
Municipality five percent (5%) of its annual gross revenues during the franchise
term.
(b) In the absence of regulation of the franchise fee, the
Franchisee fee herein shall be renegotiated, but the renegotiated rate shall
not be less than 5 %.
SECTION 27: Notices
All notices herein provided for shall be sent prepaid registered or
certified mail addressed to the parties as follows (unless otherwise notified
in writing of a change of address):
To the Municipality:
To the Franchisee:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60090
and
William G. Raysa
Bloche, French & Raysa
1011 Lake Street
Oak Park, Illinois 60301
Warner Amex Cable Communications
Company of Northwest Suburbs
200 East Wood Street
Palatine, Illinois 60067
M
-21-
SECTION 28: Effective Date
This Agreement shall become effective on the earlier of (i) July 30,
1981, or (ii) the latest date that a franchise agreement is executed by the
Franchisee and Buffalo Grove, Elk Grove Village, Hoffman Estates, or Rolling
Meadows.
IN WITNESS WHEREOF, the duly authorized representative of each party
hereto has executed this Agreement on this a-jtk day of
9
1981.
ATTEST:
ATTEST:
MUNICIPALITY:
VILLAGE OF FFALO GROVE,,
By �
VERNA L. CLAYTON, Village Pr ent -�._..
FRANCHISEE:
WARNER AMEX CABLE COMMUNICATIONS COMPANY
OF NOR EST SUBURBS, A Joi Venture
By
Title
4
7.
Warner Amex
Cable (Communicationsco .
Richard K Borman
Gerera! C,I- sc-1
EXHIBIT "A"
75 Rockefeller Plaza, New York, N.Y. 10019 212/484 -6722
Mr. Charles Willis
901 Wellington Ave.
Elk Grove Village, IL 60007
Mr. William Balling
50 Raupp
Buffalo Grove, IL 60090
Gentlemen:
April 1, 1981
Mr. John Fulton Dixon
1200 N. Gannon Drive
Hoffman Estates, IL 60196
Mr. James `ruri
3600 Kirchoff Road
Rolling Meadows, IL 60008
I am writing to follow up on the cable tele-
vision meeting held Saturday, March 28, 1981 between
representatives of Warner Amex and representatives of the
communities of Elk Grove Village, Hoffman Estates,
Buffalo Grove and 'Rolling Meadows, and to state the
-rationale for adding the following clause to line 10 of
Definition "M. Gross Revenues" of the proposed NWMC
Enabling Ordinance:
"revenues received by the Grantee's
affiliates, subsidiaries, parents and
persons in which Grantee has a financial
interest if such revenues would be ex-
cluded if received by persons having no
relationship to Grantee."
Warner Amex Cable is owned 50o each by Warner
Communications, Inc. (WCI) and the American Express
Company (Amex). Both parent companies and their re-
spective divisions, affiliates and subsidiaries are en-
gaged in various communications businesses in addition to
cable television operations and have business dealings,
from time to time, with Warner Amex. Warner Bros., for
example, which is a subsidiary of WCI, is engaged in the
motion picture business and licenses feature films for
the cable television market. Similarly, Warner Amex
Satellite Entertainment Company (W1SEC), which is an
Amex /WCI joint venture, is a leading pay -cable service
which licenses "The Movie Channel" and "Nickelodeon" to
cable operators.
• EXHIBIT A
It would be manifestly unfair if the revenues
received by Warner Bros. or WASEC were included within
the reach of the NWMC franchise fees. Such revenues
should be treated no differently, than if they were re-
ceived by entities such as United Artists, MGM, Home Box
Office or Showtime which provide similar services. With
out the language quoted above, the fees received by WASEC
as a result of Warner Finex Cable offering "The Movie
Channel" service to NWMC subscribers could be reached by
the franchise fee; however, the identical fees received by
HBO as a result of Warner Amex offering HBO service, would
not be included.
The language quoted does not purport to per-
tain to revenues received by the Franchisee. Also in
answer to a question raised, the language quoted is
neutral with respect to leasing arrangements which the
Franchisee may enter; whether and to what extent such
arrangements fall within the franchise fee must be de-
termined from the remaining provisions and sections of
the Ordinance. Rather, the language is designed to avoid
placing parents and affiliated companies of Warner Amex
in a disadvantaged position by virtue of-their - legal
relationship to the Franchisee.
jb
T•
Sincerely,
1F1 &C4",d uM
Richard M. Berman
EXHIBIT "C"
EXHIBIT C - SYSTEM DESIGN
1. Channel Capacity
A. Number of cables at 1 Institutional Trunk, 54 Channel Capacity;
system activation: l Subscriber Trunk., 54 Channel Capacity,
Single Feeder
B. Minimum Bandwidth: Upper Bandwidth of 400 MHz
C. Feeder Cables/ 400 MHz, Line Extender Amplifiers will be
Amplifiers: at a maximum of two in Cascade.
D. Two -Way Capability .
2. The cable system will be initially activiated with the inherent capability
to support the transmission of data for municipal service.
3. The system will be two -way interactive. Services to be provided, but not
limited to, include polling, pay - per -view, security, system evaluation
and maintenance, shopping at home, narrowcasting. Two -way interactive
.service (QUBE) will be offered and activated when total active potential
subscriber-base reaches 40,000 d.1elling units within the municipalities
of Buffalo Grove, Elk Grove, Hoffman Estates, Rolling Meadows, and Palatine.
4. The initial QUBE subscriber terminal will consist of the Pioneer BT 1300,
its equivalent, or higher state of the art.
S. While it is generally acknowledged that there is a technical personnel
shortage throughout the industry, Warner Amex is in the unique position
of being able to provide and train personnel, as required, to meet the
franchising commitment to the City /Village of Buffalo Grove
and has substantial leverage with cable television vendors assuring
timely delivery of materials for the municipality.
Allhipwl d e Interconnection o'- able Systems EXHIBIT "D"
Within three (3) years of the effective date of the
Franchise Agreement:
A• Franchisee shall be responsible for designing and
activating an interconnection network capable of transmitting
a minimum of twenty (20) standard NTSC TV channels simultaneously
from its interconnect hub to the interconnect hub of any other
cable television system serving a population of 100,000 or greater
In a municipality or municipalities contiguous to one or more
municipalities in the System. Such responsibility shall include,
but is not necessarily limited to, the following:
• 1) "Design- and *planning;
2) obtaining and maintaining in good standing all
necessary licenses and permits;
3) Provision of all channel switching and interface
facilities required for incoming and outgoing
transmissions at Franchisee's interconnect hub;
and
4) Payment o'f all capital costs, and operational and
• maintenance expenses associated hezewith.
j3. The provisions of subsection a. above shall 'not be
-construed so as to preclude ' cooperat -ive effort, joint ownership
of facilities, or cost- sharing arrangements; provided, however,
that each and every aspect of construction and operation of the
interconnect shall be clearly designated in written agreement(s)
between the coouerating parties, copies of which shall be filed
with the Board or its do aignate for its approval., which shall. not
be unreasonabio withheld. -Franchisee s *11 attempt to reach
agreement with all other affected cable system operators on
frequency allocation for the minimum twenty (20) channels to be
delivered to each interconnect hub. Should the parties fail to
reach agreemment, the' municipality shall, with the other munici-
palities in Franchisee''s system, and the municipalities in the
other cable 'operator's. system, act as mediator between the cable
operators,
C. Franchisee'shall provide the capability of receiving
at its interconnect hub the - twenty (2.0) channels transmitted from
each. 'other interconnect hub,' described in paragraph (a) above,
and for transmitting simultaneously at least twenty (20) channels
from its interconnect hub to:
1) All schools, government buildings, and other
institutions designated by the Municipality;
2) Appropriate access channels on the subscriber
nett ork.; or
3Z Any combination of the foregoing, all within
the 73za.nchisee's cable communication system.
D.' Franchisee' 'shall also provide the capability of
transmitting at least- one channel from each designated institution
in its franchise area to its own interconnect hub. A sufficient
i
number of independent transmission paths shall be transmitted to
tb.c Interconnect hub from various combinations of designated
institutions within its own franchise area.
T. Channel switching at the interconnect hubs, both
incoming and outgoing, shall be performed by the Franchisee at
- 2 w
LL
Vhe request c*the user desiring the istconnect. Franchisee
shall develop and adopt operating rules,.in cooperation with the
other system operator, designed to provide for the use of the
interconnection. Such operating rules shall be reviewed and
approved by the Municipality and shall include, provisions relating
to priority use, notice requirements for use and other rules
deemed necessary for the optimum use of the interconnect- capability
F. The Franchisee shall provide all VSB modulators or
heterodyne signal processors required to complete the program
transmission "(not including cameras, tape recorders, monitors,
or other program video sources from municipal, access and institu-
tional facilities. The characteristics of the modulators or
.processors shall be subject to the approval of the Board and the
grantees, with respect- to overall performance in the system, not
merely as components. '
G. Franchisee may provide additional interconnect facilities
to adjacent- or contiguous cable systems at its discretion. However,
franchisee shall enter into good faith negotiations with specified
grantees outside the Conference to provide designated additional
interconnection facilities when-requested by the Board or its
designate. to do so. Negotiators shall attempt to reach agreement
as to responsibility for technical planning, licensing, and cost
sharing. IR appropriate
Y
3
Lrte iS Oci�U VL ]. L.J U1: :�1C�llc.7lLL 111 Cl;t n�J 1. C.4 �-� ruL 4.lV Lt u��. . •• •. •sr
a
negotiations .4/or in the sharing of cots. •
11.. The interconnect facilities required by this section
shali be designed and operated to meet or exceed the following
technical performance - standards for signals transmitted from the
most remote institution in the Franchi-see's franchise area to the.
most remote.subscriber terminal in the franchise area of an -
interconnected cable system. -
C/14 43 dB (Per NICTA- 008 -0477)
C /CTB 53 dB Without phase -lock (Per NCTA- 008 -0477,
with CW carriers)
C /CTB 45 OB With HRC or IRC phase -lock (Per NCTA-
008 -0477, with CI-7 carriers)
x. Prior to commencing construction, Franchisee shall
submit to the Board or its designate, for its approval,
engineering statements, designs, maps, calculations,
specifications, .and other relevant engineering details %-A th
respect -to the required interconnect facilities as follows:
�} Location of the interconnect hub, bey street
• address or geographic coordinates (to the nearest
- minute) .
2) Proposed method of intbrconnect, e.g., whether
cable or microwave.
a) If microwave, the' essential technical details
including path length, ERP on the
-- 4 --
• '`:'
interconnect path /N ratio, C /C'1B ratio,
•
specific frequency assignments, and path
•
reliability data.
.
b). if :cable, whether. standard VSB /AM NTSC
• •- • ;
channels, or- FmTV (if Fi.i, what bandwidth per
•
_ channel); the proposed routing and footage;
-
the size cable, type repeaters, whether split
•
band or dual cable, and the frequency bands
. -
proposed; calculations of C/N arm C /CTB for
_
the interconnect system, including the
supporting technical data. on which the .
•
calctlations are based.
' 3)
A statement on whether phase - locked carrier- -
•
frequencies are proposed, and if so, how it will.
-
be accomplished; whether the institutional
_
modulators are phase - locked, and how; and what
subjective improvement is realistically expected
.
with a combination of phase - locked and non - locked
carriers.
. 4)
A showing.concerning the effect -of - cascading
•
processors or modulators on frequency response
and group delay, and the method of correcting, if
•
necessary, or preventing distortions.
5)
A detailed explanation of how signals will be
transmitted from the interconnect hub to homes
•
and institutions in the same franchise area, and
from said institutions to the associated
interconnect hub. The explanation shall include
Walculation*s of C/N andlp/CTB ratios, including
the supporting technical data upon which the
Calculations were based.
(6) Such additional relevant information as the Board
or its designate- shall request. .
it
6/24/81 Rev. - Ti, Magnuson
Attoi -ncy, Nlj,,Ic
.1 -LOX" 1 CHANNEL LINEUP
WBBM
2
WFLD 32
WSNS
44
WMAQ 5
WCIV 26
WLS '
7
WCFC 38
WGN 9
NICKELODEON
WTTW
lI
Our Town - Neighborhood- Library
Sports Channel
Program Guide
*Government Access /C -Span
*Public Access
Consumer Info
*Ed Access
HTN (Pay)
News - weather -BB -Jobs
The Movie Channel (Pay)
Stocks- Financial News
Composite Religion /Religious Access
WOR -TV 9
Special Needs
* The access tier will consist of these three channels
EXHIBIT "E"
db
CHANNEL LINEUP AW 'D)
Tier II
HBO (Pay)
WTBS 17 Atlanta
Modern Satellite Network
Leased Access
r -
Cable News Network
Golden Oldies
PBS Composite /WCME
SIN •
COLOR RADAR
NORTH BY NORTHWEST ALIVE
THE LIBRARY CH
ANTNEL /REUTERS NEWS VIEW
PREMIUM PROGRAM GUIDE
Future QUBE Services
Teleca=us
-Culture and Learning
Live and Learn
R (Pay Sub)
Electronic Classroom '
Special Events
Theatre I
Theatre II
Notes
(1) Warner Annex reserves the right to add to and Chan
channel lineup at,some future time for service pr this
improvement.
(2) QUBE services will be •
subscriber base exce� when total active potential
alities of Buffalo Ge.& 401000 dwelling units within the municip-
Elk Grove (3 ) Warner Amex will to the greatest eXt Village, Holfman Estates, Rolli
A
adows and Palatine.
channel designation with neighboringec blescommun coordinate
cations system.
EXHIBIT "F"
Ser�ic
CcSt i!� V. -rL
-Basic Carle
• 'First Outlet
sub sc :?be: purcuases
a converter
95 '
$6. - su:�sc -� •
• ..Se. leases i
cower .•- from ..
mac -cW „a =aer A.sex
AddiLiona -
l Outlet
$2.25 - is subscriber purc:iases
• a converter
$3.75 - if
^� Subscriber = ca- ^s•t•s a co: ve... - rcW ^a•r AaC:o Service
-
SI.50
-=st Outlet
$6.50 - '_= s.::scri
�er 2Lrc.`.ases
$7.95 - if
e ^rv•rt =- eases a
_a,., L dd I Outler
:r_ona from Warne
� e
$2.25
subscr :: •r ?L•X C.:aSeS
a c ^n.ve. _e=
53975 - is s�scri�e_
eases a
converter .rc %+acne= 2 n
•.r.�0 Service Amex
$1.50 •
S8.95
L.. ,.�
�� a •a -,: ..
e two
rK
:fie �,.. :• C%.a,• -;;;s, .$3.95
•v v
$6.95
S6.9S '
!� A 151 discount will be offered to
QUBEQUBE services will be offered senior ci t`ze�s ar
services subscriber base red =�• ; Ca
d activated when
Ph muni i BB reaches 40,0)0 dwellin total active
ogling ge�alities Of p fineo Grove 9 units within
Elk Grove, Roffman Bstites,
* The access service installation rate(3 channels mi
be $35.00 with no free 60 -day nimum) will
Y Period
charge for this service. . There is no monthly
INSTLLLLTION RATE5
Home Ins-all ati0:1 Rates
during the &.- .. - There w_11 be no installation
60
&__s� days. Following that, the
rate charged
charge;
rates
are as
First outlet $15.95
• Each Additional Outlet 7.50
FM Service
7.50
Relocation
10,00
Reconnection
10.00
QUBE Installation 19.95
'"IE SECURITY RATES
Service and Install. ?rice
Basic medical -fie_ enc
g Y and Police Alert
starting froz•�
3asic ?i=e Ala::rt with Medical- E:Zerc
$99.50
Alert starting from •ency and Police
Basic Burglar Ala1 with Medical- Mmergenc.
Alert
$170.00
starting from Y and Police
Monthly Rental Charce
$250.00
Monitoring of any one package
240nitoria9 two .or more packages
C510.00
$12.50
not Seci-ity System is also `O able ?
` warner ;Unex Cable 1 nd'viduals
who
subscribers,
are
* The access service installation rate(3 channels mi
be $35.00 with no free 60 -day nimum) will
Y Period
charge for this service. . There is no monthly
EXHIBIT "G"
The following municipal and public buildings in the Village of Buffalo Grove
will be provided a service outlet and basic subscriber service at no charge
by Franchisee:
Village Hall
50 Raupp Boulevard
Public Service Building
51 Raupp Boulevard
Buffalo Grove Police Department
50 Raupp Boulevard
Buffalo Grove Golf Club
48 Raupp Boulevard
Buffalo Grove Park District
150 Raupp Boulevard
Raupp Memorial
901 Dunham Lane
Buffalo Grove Fire Department
505 West Dundee Road
Buffalo Grove Fire Department
109 E. Busch Road
Ambulatory Care Center
15 South McHenry Road
Buffalo Grove High School
1100 W. Dundee Road
Cooper Junior High School
1050 Plum Grove Circle
Joyce Kilmer School
655 Golfview Terrace
Longfellow School
501 N. Arlington Heights Road
Washington Irving School
1250 Radcliffe Drive
St. Mary's School
75 Buffalo Grove Road
Willow Grove School
777 Checker Drive
Twin Grove Junior High School
1072 Ivy Hall
Prairie School
1530 Brandywyn Lane
Pritchett School
200 Horatio Boulevard
ACCESS FACILITIES
0 EXHIBIT "H"
A sub hub distribution point will be located in Buffalo Grove. Ideally,
it will be located with our proposed Customer Service Office. Final location
of the office and hub is dependent upon final system design, real estate,
and zoning considerations. The sub hub facility will have one (1) portapak
available for access productions. In addition, one (1) portapak will be
available solely for use by the Village of Buffalo Grove. (See Exhibit "I"
Equipment List B)
Additionally, Rolling Meadows will be the location of the Master Control and
Local Origination facility, which is available to Buffalo Grove for access
and local origination use. Two of the three cameras in the studio, equipped
with appropriate audio, switching and miscellaneous gear, will be removeable
for remote productions.
Elk Grove Village and Hoffman Estates will each have a sub hub distribution
point, equipped with one (1) portapak which will also be available for access
use by Buffalo Grove residents.
Buffalo Grove, along with Elk Grove Village, Hoffman Estates, and Rolling
Meadows and Palatine will have available for their exclusive use a typical
mobile production unit as described in Exhibit "I" Equipment List C.
The following pages outline the local origination /access equipment available
to Buffalo Grove residents. Warner Amex reserves the right to substitute
equivalent equipment for all items on the attached lists.
EXHIBIT "I"
EXHIBIT I
Production equipment shall be maintained in proper working
order. Back -up equipment shall be made available where "down- time"
for a studio, van or associated equipment exeeds seven (7) days.
Users shall be notified of studio "down= time" via the access and
local oria_ination channels. Further Franchisee shall update production
equipment during the franchisee term to keep it reasonably current with
the state -of- the -art technology in television and cable communications.
Periodic review shall be conducted with the Municipality, or its
designee, in order to assess the status of Production equipment
maintenance. These reviews may be held in conjunction with the
performance evaluation sessions required by the cable communications
ordinance.
A �
AM16
..��
i'
EXHIBIT I
EQUI ?!Zh LIST A: (Rolling Meadows)
•
NWNC LOCAL ORIGINATION STUDIO
QUA�'TIZI'
XODZ
-----
DISCRIPTION (* Equivalent '
equipment may be
substituted)
. 3
r-? -205
_
Hitachi - 3 tube color saticon camera
with:
•
SA -60 - 7 inch vie•:rinder
and studio adapter
Vz -106A - vertical e--ranter
GL -200 - genlock nodule
OP -60 - operational panel
C -502CC - camera cable - 150 ft.
2
H10 710 5RW
iujinon - studio lease, auto -iris
cable drive, fl.6
2
4- 54504 -2
Quick -Set - hercules mobille pedestal
2
4- 52304 -9
Quick -Set - hercules cam head
1
Ptnf -8200
Sony - dual 8 ;Lich trizitron color
Monitor rack-mount
. l
• ; ;.
FVX -5300
Sony - 3 bay 5 inch color monitor
• ,
rackmount
1
U'V-5312
Panasonic - dual 9 inch B/W monitor
rac)=ourt
?arasonic - 9 inch B/W monitor
rackaount
1
7860U.4
J.V.C. - color monitor /receiver
4
7 2 8 OLN
J.V.C. - color mor.itor /receiver
2
PY -52f&W
SKsCA*fI triple S inch B /4' monitor
'
rackmount
2*
R'i8
Videctek - 8 inch portable color '
monitor /receive:
2
DES -1550
Micro- consultants - tie base
corrector
1
Metro Data - alphanumeric generator
-with 8enlock and renote keyboard
j
•
". -2260
2 Va -2 900
1
P-u -4 3 0
1
5106
1
902
1
501,
1
505
1
503
2'
S13-4 . .
1
519
1
525
1
1240 -4
1
982
1
5112
1
1474
1
528
1
VO -2860A
". -2260
2 Va -2 900
1
P-u -4 3 0
2
IIDC -3
2
R•v -4 0
DSS C?.I?F71ONE ( *rcuivel ent
equipment may be
DI -Tech Ginpu- passive video
ss••itche.- '
Color video production
suritcher -
Z.S.I. -Rack frame
?over supply
Z.S.Z. - Extender card.
I.S.Z. - Video distribution ipli ier
I.S.Z. ?ulse distribution ampli, ier
Subcarrier distribution
amplifier '
I.S.I. - h•TSC Zzcoded chxoma keyer
�.•ith 4
:L-Put .Preselect sc-itcher
Audio :ollov video
rowing s::;tcne-
DI -Tech passive snitcher
?ektroa3; - Color Symc- zexnerato.
Tekt_oniys - Uavego- monitor
Sony - 3/4 inch Videocassette
recorder- editor
Soy - 3/4 inch videocassette
Play=
Sony = 3/4 rich Videocassette
recorder
Sony - Edit;;,g control unit
Sony - Dibbing cable
Sony - v= :eocisse :tg r==ote control
OUANTI-77.
36
1
1
1
1
• 1
I
' 4
2
•4 .
2
2
5
5
S
.3 -20 Atlas floor stand
DT-SCRI ?:IOC• ( *Equivalent equipment flay be sL
KCA -60
tuted)
Sdny - Videocassette tape - 60 Yj;=.
1002
Audio console - 10 inch/
"
'
2 -out suritchable Ei /Io inputs'.
balanced 4-puts/outputs, cue, nuti:g
and slide faders
1002C
I.S.I. - Audio console case
701
Z.S.I. - Audio rack fraae
705
I.S.I. - Audio power supply
703
Z.S.I. _ M:tender card
.720
I.S.I. - S watt monitor a= plifier .
707 -4
I.S.I. _ Audio distribution 2i plj 1 c ie_
7001- Option
A DI -Tech - Audio /aoritor /a= pl!!ie:
and tone generator
Urz- 212CSV .
Broadcast electronics baffle with
speaker
500D
Broadcast electronics - .'Audio tape
cartridge play /record with:
DX -20 cartridge storage rack
200 -3T tape eraser
DR -10A
Sony - headset
.CS -75
Telex - headset - tip /ring /sleave
plug
D •�Z .JAS
Ramko - Dual microphone mixer/
'
limiter wit h D..ML -PS
6354
Elect.ro— Voice• Microphone
CO -90
Electzo -Voice laval ier microphone
422•
Electro -Voice desk stand
.3 -20 Atlas floor stand
Adk
Out
( Equivalent
4
726
equipment
substituted)
may be
stand Ce =fury - cinetuf color
media -red
' 4
768 .•
Strand Ces.L_ _ '
0 -+ aetu_ r color`.
SGD
aedia_sky blue
:
Strand Cencu -r - Spua Sass t ff diffuser
1
835 -0100k
Broadcast Electronics - -
Q'- tic
arc
studio Clock BECL -200
1
835 -0002
3roadcast electronics ',aming light
on -air horizontal mount
1
450
Winsted - VIMIR equipment console
.
1
0220
Wi:sted - Easier franc
2
937
Winsted - :1at monitor shelf
1.
942
•
Winsted - r,
-.a • � editor shelf
1
•
136
_
'6" steel - = lectrical assembly
: 1
. f
1- 7.0- 19 -25co
Ve =t=cal eouipaent console
as recu --
Q:st= production console
and hardware
.
1
D?SCRZPTIO1.1; ( *Equivalent ea uipment may be
substituted)
5
2C_ C-50
Sescoa Inc. - Yacrophone extension
cable
5.
'C -100
Sesco= lac. - :'.icro ?bone e--.tension'
•
cable
,.
1 5
40 see.
Fidelipac - 40 seconds audio -cart
5
100 sec.
Fidelipac - 100 seconds audio -cart
.5
21� s1n•
Fidelipac - 21 =mutes audio -cart
5
5 m=3•
Fidelipac - 5 mutes audio -cart
• 1
1021
Laird- tele=edia electronic Q -board
80 ft.
70 -100
?anoak -- curtain' track �-•
800 sq._t.
70 -002
Panoak - cvclo_ '- --
-a�.a curtain
8
3301 -TV
Strand Century - 5 inch cuartz
€resmel
8
1320..- .
Strand •Century - 4 c.sy barn door
8
1144
Strand Century - di.:user frame
12
ECT
Strand Century - 1000 W -200 b s -
32000K
' 6
4271TU
Strand Century - 14 inch scoop
6
1116
:. Strand Century - diffuser /gel frame
9
=GK ,•
Strand Century, - 1000 N -300 hrs -
3200oK
4
5915Th '
Strand Century - uini Cyc Light .
4
ii51
Strand Century - Ut.ended Gel Frame '
6
==T
Strand Century - 1000 �, '- -
300 h. - s
320OCK
10
6312- 5 -2GTv
Strand Century cormector strips
with 5 -20 z^?l'—f ier 18 inch pigtails
with 3 pole grounded twistlock connectc:s
and grid pipe
✓111 f 1
�. .`ir l Vl� 1� 4. - `' G - r `G ^ .l mil- —mav be
•
• 44.. LEC}
. 1 ; -
• ccic; fit -It ;11 7 a r•;:'r,:
u? -50 b =��
L
>*
•
.0
_ -- 11� -.^. - n.'-..
-
a
v n i � a•�. �, l % 1.�1 17 f'2.0 zo -
tr. -2u 1 CK - tc,:.., - to �'' Ccb l
1;
1 • •
'
GL-71 carrying Ccsc-
S� -7 : hour,
-
NL -3 0_ - r,itro?bon-
LC�,rI; - ✓i - 6D UG 4LC.1 �'
•
.1
J.V.C. Cr,- 44-00aJ, 2J4 ;,,r- 'In portable
•
CCSSF L...° 1 ?CGi C;�r
bttter. - pack
C: -:.4U, Lar;yir:o Ccse
�{
- • S:)nv - US -20 casSe .L 6. 6�?�
Od
n -$ 601 l ,
D;oni for
P o r Lable Ligh tin5 :;i '
.2
Al2X98E
11VOl LE PRODUCTION UNIT'
2
XC- 70RC -2
�
2_
XC782C
MODEL
-
�ANUr ►� AC.TURER
DESCRIPTION
2
XC7000S
Sharp
1''' TV EQUIPMENT
2
2
XC700
Color Camera Eh'G /EFP Configuration with:
Camera Head
2
XC715VF
XC770VF
��
1.5" Viewfinder
2
XC701RP
CVM1250
7" Viewfinder
2
XC70SAT
�
Remote Operation Panel
2
XC712AA
14.411 4AH Battery
2
XC70SC
SP -60
AC Adaptor
2
XC70CC
„
Slow Battery, Charger '
2
XC367V
Heavy Duty Carrying Case
Tektronix...
VTR Cable
.2
Al2X98E
2
XC- 70RC -2
2_
XC782C
2
XC7820E
2
XC70SAT
2
XC70QC
4
DR -IOA
Sony
1
PVM5300
It
1
CVM1250
1
V02860
�
1
RM410
�
V04800
SP -60
H
SE -30
Shure-
W'J4600A
Panasonic
1420OPTI
Tektronix...
528 OPT1
of
Videotek
KCA -60
Sony,
V -CS -20
ECM -20
635A
ElectroVoice
XC7B5
Sharp
150 -002
Berkley
ITE -H6
ITE
ITE -WP
n
9 -108mm f1.7 Lens with 2X Extender, Servo Iris,
Servo Zoom
Lens Rear Control Kit
20 Meter Camera Cable
20 Meter Extension Cable
Extra 14.4V 4AH Battery
Quick Charger
Headset
Triple 5" Color Monitor
12" Color Monitor
3/4" Editing Recorder
Remote Control
Portable 3/4" Recorder with AC Power Suaply /Batter
Charger, RF Modulator, Soft Carrying Case y
Battery
Mic Mixer •
Video Production Switcher
Vectorscope
Waveform Monitor
.Rack Mount for Item 19 and 20
Videocassette 60 Minute
Videocassette 20 Minute
Condensor Mic
Mic.
Camera Bulkhead Cable
Lighting Kit, Mark II
Hyrdo Head with Dual Handles
Wedge Plate
* Equivalent equipment may be substituted.
QTY.
2
2
1
lot
1
MODEL
ITE -T10
ITE -D7
T4242L
Custom
MANUFACTURER
ITE
ITE
Amco
Klopf
DESCRIPTION
Tripod
Dolly
Rack, 42" Panel Space
Misc. Hardware, Connectors, Panels, Wire
VEHICLE DESCRIPTION
One current year model Ford E250 Super
Cargo Van, 13811, or equivalent for the
exclusive use of Buffalo Grove, Elk Grove
Village, Hoffman Estates, Rolling Meadows
and Palatine.
Wheel Base
351 Engine
Auto - Transmission
AirConditioning
Power Steering and Brakes
Heavy Duty Battery
Extra Cooling
Special Handling Package
Hood Lock and Security Group
Western Mirrors
Heavy Duty Shocks
Stabilizer Bar
Large Tires and Spare Mount
etc.
EXHIBIT "J"
PROGRAM & PRODUCTION ASSISTANCE
Warner Amex will provide at least one (1) Access Coordinator /Trainer, to
be located in Buffalo Grove to assist in all phases of access programming,
production and training. The following personnel, to be located at the
Rolling Meadows local origination facility, will be available to Buffalo
Grove for access use:
At least (1)
At least (1)
At Least (1)
At least (1)
At least (1)
The required
for local or
Program Director
Producer /Writer
Production Director
Access Director
Access Coordinator /Trainer
number of Video Technicians
igination and access programming.
Additionally, two (2) Access Coordinators /Trainers, located at the sub hubs
in Elk Grove Village and Hoffman Estates, will be made available to Buffalo
Grove as needed.
EXHIBIT 11V
EXHIBIT K_
Varner Amex Cable Communications
Procedures for Leased Access Time
I• Objective
Efforts will be made to maximize the availability of
leased access time to the broadest possible number and
type of users.
II. Standards
Access time lessees will be 'expected to adhere. to the
standards applicable to Warner Pun-ex as franchisee and
to all applicable`laws and regulations. Such see a
lards include, by way of illustration :, the following:
a) Material exhibited may'not be obscene, inde-
cent or offensive to local community stan-
dards;
b) Lessees' affirmative action policies and
Procedures must comply
regulations; with applicable
c) Malterial exhibited may no constitute
gambling or lottery;
d) Programs shall be scheduled in consideration
Of children in'the viewing audience and sub-
scribers offered the means to avoid program-
ming.they deem undesirable; and
e) Programming must be offered in a way which
respec_s "the rights of individuals (e.g.,
privacy, copyrights, trademarks, libel,
slander, etc.).
III. Aolication in Writin
It is requested that applications for leased access
time be in writing and provide pertinent information
as to.the proosed leased time use and the identity
of the user ('e-C., description of leased time pro
posal, technics , financial,, legal capabilities,
affirmative action policies, etc.
su ?ply lease access application forms Warne-: Amex- will
,V. =e ^finical Compatibility
Material may not be presented via leased access time
which disrupts, distorts or otherwise 'interferes -
with any other signals carried on the system or which
is incompatible with technical standards and require-
ments of the system.
V. Rates
All leased access rates will be negotiated between
Warner Amex and the lessee.*
VI. Leased Access Agreement
Leased access users and Warner Amex shall enter into
a written contract.
Questions concerning leased access should be addressed to
Warner Amex Cable Communications
Ab
_1-0 1-10
0
VILLAGE OF BUFFALO GROVE
ORDINANCE N0. OL
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GRO 19 0"
THIS � DAY OF
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook and Lake Counties, Illinois,
this L�sz... day of
i l l�agAe u tierx
M ,,rr.
ORDINANCE NO. 81- 41
AN ORDINANCE APPROVING A CABLE TELEVISION
FRANCHISE AGREEMENT BETWEEN THE VILLAGE OF
BUFFALO GROVE AND WARNER AMEX CABLE COMMUN-
ICATIONS COMPANY
WHEREAS, the President and Board of Trustees chose to negotiate a
Cable Television Franchise Agreement with Warner Amex Cable Communications
Company after reviewing a number of proposals, and
WHEREAS, the Village of Buffalo Grove has worked closely with the
neighboring communities of Elk Grove Village, Hoffman Estates and Rolling
Meadows to establish the provisions of the Franchise Agreement, and
WHEREAS, the provisions of the Franchise Agreement meet the require-
ments established in Ordinance No. 81 -18, the Village's Cable Communications
ordinance, and
WHEREAS, the President and Board of Trustees have reviewed and
accepted the provisions of the Franchise Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that:
SECTION 1. The Village President and Village Clerk are hereby directed
to execute the Franchise Agreement attached hereto and made a part hereof.
SECTION 2. This Ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law. This
ordinance may be published in pamphlet form.
AYES: 4 - Marienthal, Stone, Hartstein, Schwartz
NAYES: 1 - O'Reilly
ABSENT: 1 - Gerschefske
PASSED: July 27 1981
APPROVED: July 27 1981
ATTEST:
Village Presiden
Vi 11 age C1kn —^