1997-019ORDINANCE NO. 97- 19
AN ORDINANCE APPROVING A CABLE
TELEVISION FRANCHISE AGREEMENT
BETWEEN THE VILLAGE OF BUFFALO GROVE
AND CONTINENTAL CABLEVISION OF
NORTHERN ILLINOIS, INCORPORATED
WHEREAS, the Village of Buffalo Grove is a member of the Regional Cable Group,
consisting of the municipalities of the Village Buffalo Grove, the Village of Elk Grove Village,
the Village of Hoffman Estates, the Village of Palatine, and the City of Rolling Meadows, and
WHEREAS, the Regional Cable Group represents its members on matters pertaining to
cable TV and franchise issues, and
WHEREAS, the Regional Cable Group had received from Continental a request for
renewal of the cable franchise in 1993 and opted to enter into the formal three -year cable
television franchise renewal process as provided in the Cable Act of 1984, and
WHEREAS, the needs assessments, performance reviews, cable communications
ordinance formulation and franchise renewal negotiations have all now concluded, and
WHEREAS, a cable franchise agreement has been set forth and agreed to by the
Regional Cable Group and Continental Cablevision of Northern Illinois, Inc., and
WHEREAS, the provisions of the Franchise Agreement meet the requirements
established in Ordinance No. 97 -5, the Village's Cable Communications ordinance, and
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
and approval.
AYES: 5 - Marienthal, Reid, Rubin, Hendricks, Glover
NAYES: 0 - None ABSENT: 1 - Braiman
PASSED: February 24, 1997 APPROVED: February 24, 1997
ATTEST: APPRO
illage Clerl ; SIDNEY H. MATHIAS, Village President
� e
Continental
Cablevision
April 10, 1997
CORRECTED COPY
Hon. James Petri, Chairman
Regional Cable Group
Village of Elk Grove
901 Wellington Aver,:uc
Elk Grove Village, IL 60007
Dear Chairman Petri:
This letter should serve to confirm the understanding between the Regional Cable Group
communities and Continental Cablevision regarding Continental's imposition of charges for
the I -Net.
Continental agrees that prior to instituting and imposing any charges for the use of the I -Net
in the Regional Cable Group communities, it will give reasonable prior notice to I -Net users,
including but not limited to, the member municipalities affected by these charges.
For the purposes of our agreement "reasonable prior notice" will be 120 days prior to the
imposition of charges for the institutional network. Moreover, the company shall permit the
municipalities to initial defer payments due and owing for the use of the network for a period
of an additional 60 days.
Sincerely yours,
Robert E. Ryan
VP, Governmental Affairs
RER/slp
cc: William Reid
William McLeod
Gregory Solberg
Fredrick E. Jacobson
688 Industrial Drive - Elmhurst, Illinois 60126 - (630) 716 -2300 - Fax (630) 716 -2375
P
IF
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CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN
THE VILLAGE OF BUFFALO GROVE, ILLINOIS
AND
CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS, INC.
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FEBRUARY 24, 1997
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TABLE
OF CONTENTS
ARTICLE
SECTION
PAGE
Preamble
1
1
Purposes of the
1.1
Purposes
2
Agreement
2
Definitions
2.1
Definitions
3
3
Grant of Authority
3.1
Grant of Operation
12
3.2
Obligation to Provide Services
12
3.3
Grantee to Have No Recourse
12
3.4
Compliance With Franchise Ordinance
12
4
Franchise Conditions
4.1
Effective Date
13
4.2
Franchise Term
13
4.3
Non - Exclusivity
13
4.4
Material Breach of Franchise
13
4.5
Acceptance of Franchise
14
4.6
Service Area Covered By Franchise
Agreement
16
4.7
Franchise Modification
16
4.8
Performance Evaluation Sessions
16
4.9
Franchise Renewal
16
4.10
Transfer of Franchise
17
4.11
Liability and Indemnification;
Security Fund
17
5
Rates, Fees, and
5.1
Rates and Fees
21
Records
5.2
Franchise Fees
22
5.3
Franchise Fee Audits or Agreed -Upon
Procedures
23
5.4
Books and Records
24
6
System Operations
6.1
Technical Requirements
28
6.2
Construction Standards
31
6.3
Cable Programming
35
6.4
Studio Facilities
37
6.5
Institutional Network
41
6.6
Service to Public Facilities
43
6.7
Tests and Performance Monitoring
43
6.8
Customer Service
44
6.9
Most Favored Nations Clause
49
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TABLE OF CONTENTS (continued)
ARTICLE
SECTION
PAGE
7 General Provisions 7.1
Modifications to Communications and
Cable Acts
50
7.2
Revocation
50
7.3
Rights and Remedies
50
7.4
Liquidated Damages
51
7.5
Rights and Powers Reserved by
Village
54
7.6
Failure to Enforce Franchise
55
7.7
Service of Notice
55
7.8
Oral Modification
56
7.9
Force Majeure
56
7.10
Time is of the Essence of This
Agreement
57
7.11,
Waiver
57
7.12
Severability
57
7.13
Delegation of Powers
57
7.14
Obligations to Continue Throughout
Term
57
7.15
Headings
57
7.16
Governing Law
58
Map of Municipal Corporate Limits Appendix A
Proposal Form I -1 - Proposed
Programming Appendix B
Regional Cable Group Access
Capital Appendix C
Regional Cable Group Community
Access Incremental Capital
Investment Appendix D
Community Buildings Designated
For Subscriber Cable and
I -Net Connections Appendix E
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CABLE TELEVISION FRANCHISE AGREEMENT
On this � � day of )Cdl� 9LA1 , 1997, this Cable Television Franchise
Agreement (the "Franchise Agreement ") is enfered into by and between the Village of
Buffalo Grove, Illinois ( "Village "), a municipal corporation, and Continental Cablevision of
Northern Illinois, Inc. ( "Continental Cablevision "), a unit of the US West Media Group, Inc.,
a Delaware Corporation.
WHEREAS, Continental Cablevision of Northern Illinois, Inc., has applied for
renewal of its non - exclusive Franchise (the "Prior Franchise ") to provide cable television
service in the Village in the name of Continental Cablevision; and
WHEREAS, the Regional Cable Group, an intergovernmental body of which the
Village is a member, has reviewed the performance under the Prior Franchise, has identified
the future cable- related needs and interests of the community, has considered the financial,
legal, and technical qualifications of Continental Cablevision and has considered Continental
Cablevision's plans for operating and maintaining their cable system; and
WHEREAS, the Village has relied on Continental Cablevision's representations and
has considered the information that Continental Cablevision has presented to it, and;
WHEREAS, after adequate public notice based on Continental Cablevision's representations
and information, and in response to the application for renewal, the Village Board of the
Village of Buffalo Grove has determined that, subject to the provisions of the Cable
Communications Ordinance of the Village of Buffalo Grove (the "Cable Communications
Ordinance "), and the terms and conditions set forth herein, the grant of a renewed non-
exclusive Franchise to Continental Cablevision, to supersede the Prior Franchise, is
consistent with the public in' c rest, and therefore has enacted Ordinance No. more
than thirty (30) days after the filing of Continental Cablevision's application for renewal; and
WHEREAS, the Village and Continental Cablevision have reached agreement on the
terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the Village's grant of a new Franchise to
Continental Cablevision and Continental Cablevision's promise to provide cable television
service to residents of the Village pursuant to and consistent with the Cable
Communications Ordinance, the terms and conditions set forth herein, the promises and
undertakings herein, and other good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged;
THE SIGNAr ,DRIES DO HEREBY AGREE AS FOLLOWS:
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ARTICLE 1
PURPOSES OF THE AGREEMENT
SECTION 1.1 PURPOSES
The purposes of this Cable Television Franchise Agreement are to:
A. To provide for the franchising and regulation of Grantee's Cable System within
the Village of Buffalo Grove (hereinafter "Village ").
B. To enable the continuation and future development of municipal policies and
procedures regarding cable television services and operations.
C. To support the Grantee's continued enhancement of cable television
services for the citizens of the community and for its Subscribers.
D. To improve the use of cable television and cable technology as a means to
enable citizens to more effectively communicate, and to enable municipal,
educational, and institutional Users to communicate more efficiently and
effectively.
E. To ensure that the future cable - related community needs and interests have
been considered and addressed, and that future changes in technology, law and
regulation, and changing needs and interests are provided for.
F. To realize improved Cable Service through a Cable. System embodying the
highest quality of cable television signal transmission possible.
F. To protect the public welfare and public interest through the establishment
of customer service provisions, construction standards, and system
requirements as they concern construction, reconstruction, repair, maintenance
and day -to -day Cable System operation.
G. To provide for the payment of a Franchise Fees and other valuable
consideration to the Village for the use of Village's Public Streets and Public
Ways in the construction and operation of cable television systems, and to
compensate the Village for costs associated therewith.
H. To continue to provide for the regulation by the Village of the rates and fees
to be charged by Grantee under this Franchise Agreement to the extent
permitted by law.
I. To prescribe remedies for violation of this Agreement and the Franchise
granted hereunder.
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SECTION 2.1.
DEFINITIONS
ARTICLE 2
DEFINITIONS
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For the purposes of this Agreement, the following terms, phrases, words, and their
derivations shall have the meaning given herein, unless the context clearly indicates
that another meaning is intended. When not inconsistent with the context, words used
in the present tense include the future, words in the plural number include the
singular number, and words in the singular number include the plural number. The
words "shall' and "will' are always mandatory and not merely directory. The word
11may" is permissive. Words not defined shall be given their common and ordinary
meaning. Unless a section provides otherwise, references to statutory enactments shall
include any and all amendments thereto and any successor provisions. All capitalized
words defined herein, and all other capitalized words utilized within this Agreement
shall have the meaning ascribed to them in the Cable Act unless said terms are not
defined in the Cable Act, whereupon the definition shall be controlled by this
Agreement. In the event of conflict between this Agreement, or the Cable
Communications Ordinance and the Cable Act, the Cable Act definition shall control.
For the purpose of this Franchise Agreement the terms in this Agreement shall
prevail where there is a conflict between the Agreement and the Cable Act. Where
the Franchise Agreement is silent, the terms of the Cable Communications Ordinance
and the Cable Act shall control.
ACT: Shall mean the Communications Act of 1934, the Cable
Communications Policy Act of 1984, as amended by the
Cable Television Consumer Protection and Competition
Act of 1992 (47 USC 521 et. seq.) and the
Telecommunications Act of 1996 as now or hereinafter
amended.
BASIC SERVICE: Shall consist of all signals carried in fulfillment of the
provisions of Section 614 and 615 of the Communications
Act of 1934, as amended, any Public, Educational, and
Governmental Access programming required by the
Franchise of the Cable System to be provided to
Subscribers, and any signal of any television broadcast
station that is provided by the Cable Operator to any
Subscriber, except a signal which is secondarily
transmitted by a satellite carrier beyond the local service
area of such station. Basic Service may also include any
additional video programming signals or services provided
by the Cable Operator to the basic service tier.
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Shall mean the President and Board of Trustees
of the Village of Buffalo Grove.
CABLE COMMUNICATIONS
ORDINANCE: Shall mean the Village of Buffalo Grove Cable
Communications Ordinance, as may be amended from
time to time.
CABLE OPERATOR: Any Person or Persons, including corporations,
partnerships, and joint ventures, who provide Cable
Services through means of a Cable System and who own
a significant interest in the Cable System, or any Person
or Persons who manage, control, coordinate, or direct the
operations of a Cable System.
CABLE SERVICE: The one -way transmission to Subscribers of (i) video
programming or (ii) other programming service, and
Subscriber interaction, if any, which is required for the
selection or use of such video programming or other
programming service.
CABLE SYSTEM: Shall mean a system of antennas, cables, wires, lines,
towers, waveguides, laser beams, satellite uplinks,
microwave links, or other conductors, converters,
amplifiers, Headend equipment, master controls, node
control sites, earth stations, and other equipment and
facilities designed, wired; and constructed for the purpose
of producing, receiving, transmitting, amplifying, storing,
processing or distributing by coaxial cable, fiber optic
cable, microwave, by current transmission protocols or
other means, audio, video, data, and other forms of
electronic or electrical signals within the municipality.
Such term shall not include commercial or residential
telephone service, or any such facility that serves or will
serve only Subscribers in one or more multiple unit
dwellings under common ownership, control or
management, and does not use municipal rights -of -way.
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CHANNEL: Shall mean a band of frequencies six (6) megahertz wide
in the Electro- magnetic spectrum, or of a width to be
specified in the future which constitutes the acceptable
standard for the definition of a Channel which is capable
of carrying either audio, video, voice, data, multimedia,
and encrypted information signals.
CONVERTER: Shall mean an electronic device provided by the Cable
Operator to subscribers for the purpose of changing the
frequency of midband, superband, or hyperband signals
to a suitable Channel or Channels which the television
receiver is able to deliver at designated dial
locations.
DOWNSTREAM
CHANNEL: A Channel which is transmitted in a direction from the
Headend to the Subscriber's television set.
DWELLING UNIT: Shall mean a single - family or multiple- family residential
place of occupancy.
EDUCATIONAL
ACCESS CHANNEL: Shall mean a non - commercial Channel or Channels set
aside and so designated for the use of Schools and related
educational institutions.
FCC: Shall mean the Federal Communications Commission and
any legally constituted regulatory body, or agency, or
successor agency created by the United States Congress.
VALUE: Shall mean the price that a willing buyer would pay to
a willing seller for a going concern based on the system
valuation and sale multiples prevailing in the industry, but
with no value allocated to the Franchise itself.
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FRANCHISE: Shall mean the non - exclusive rights granted through the
authority of a Franchise Agreement between the
municipality and any Grantee hereunder which allows the
Grantee to own, operate, construct, reconstruct, dismantle,
test, use, and maintain a Cable System along the Public
Streets and Public Ways of the Village, or within
specified areas in the Village, and is not intended to
include any license or permit required for the privilege
of transacting and carrying on a business within the
Village as may be required by other laws or ordinances
of the Village.
FRANCHISE AREA: Shall mean that portion of the Village for which a
Franchise is granted under the authority of this
Agreement. If not otherwise stated within the Franchise,
the Franchise Area shall be the corporate limits of the
Village of Buffalo Grove including all territory thereafter
annexed to the Village.
FRANCHISE FEE: Shall include any assessment imposed herein by the
Village on a Grantee solely because of its status as a
Grantee. The term "Franchise Fee" does not include any
tax, fee or assessment of general applicability (including
any such tax, fee, or assessment imposed upon both
utilities and Cable Operators or their services), but not
including a tax, fee or assessment which is unduly
discriminatory against the Grantee or cable Subscribers;
capital costs which are required by the Franchise to be
incurred by Grantee for the establishment and operation
of Public, Educational, or Governmental Access Facilities;
requirements or charges incidental to the awarding or
enforcing of the Franchise, including payments for
bonds, security funds, letters of credit, insurance,
indemnification, penalties, liquidated damages; or any fee
imposed under Title 17, U.S. Code.
FRANCHISING
AUTHORITY: Shall mean the Corporate Authorities of the Village of
Buffalo Grove, or its Village President or Mayor or his
designee or any of its designated municipal officers or
staff having responsibility over the supervision of the
Village's cable television Franchise.
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GOVERNMENTAL
ACCESS CHANNEL: Shall mean a non - commercial Channel or Channels set
aside and so designated for the use of units of local
government.
GRANTEE: Shall mean Continental Cablevision of Northern Illinois,
Inc., a unit of US West Media Group, its agents,
employees, subsidiaries, lawful successor(s), transferee(s),
or assignee(s).
GRANTOR: The Village of Buffalo Grove, Illinois.
GROSS REVENUES: Shall mean all cash, credits, property of any kind or
nature or other consideration derived directly or indirectly
by a Grantee, its affiliates, subsidiaries, transferees,
assignees, or any other Person in which the Grantee has
a financial interest, arising from or attributing from the
sale or exchange of Cable Services by the Grantee within
the municipality or in any way derived from the operation
or use of all or part of a Cable System franchised
pursuant to this Agreement by the Grantee, its affiliates,
subsidiaries, parents, and any person in which the Grantee
has a financial interest including, but not limited to,
monthly fees charged Subscribers for basic service,
monthly fees charged to Subscribers for any optional
service, monthly fees charged Subscribers for any tier of
service other than basic service; Installation,
disconnection, and re- connection fees; Converter, remote
control, and auxiliary game Channel equipment rental or
sales; studio rental and all fees received from commercial
production contracts solely from within the confines of
the boundaries of the Regional Cable Group; advertising
revenues; revenues from home shopping Channels;
revenues from "infomercials ", and such other services
provided to Subscribers as permitted by law;
revenue from regular Subscriber service fees, auxiliary
service fees, and Leased Access Channel fees. This sum
shall be the basis for computing the fee imposed pursuant
to Section 5.2 hereof. This sum shall not include any taxes
on services furnished by the Grantee herein imposed
directly upon any Subscriber or User by the State of
Illinois, Cook, Kane, or Lake County, municipal, or any
other governmental unit and collected by the Grantee on
behalf of said governmental unit.
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HEADEND: The control center of a Cable System, where incoming
signals are amplified, converted, processed and combined
into a common cable along with any origination
cablecasting, for transmission to Subscribers. Headend
usually includes antennas, preamplifiers, frequency
converters, demodulators, processors, and other related
equipment.
INSTALLATION: Shall mean the connection between the feeder cable to
Subscribers' terminals.
INTERACITVE
SYSTEM: A two -way Cable System that has the capability to provide
both upstream and downstream communications.
INTERCONNECT: The connection of two or more Cable Systems, or a Cable
System and a communications company facility.
LEASED ACCESS
CHANNEL: A cable television Channel or Channels or parts thereof,
designated for broadcasting which is provided by means
of a lease arrangement for cablecast airtime between the
Cable Operator and the Lessee. Shall include without
limitations all use pursuant to Section 612 of the Act (47
USC 532).
LOCAL ORIGINATION
CHANNEL: A Channel providing programs that are produced or
acquired by the Cable Operator which is under the
control of the Cable Operator.
MATERIAL BREACH: Any substantial deviation from the terms and conditions
of this Agreement, including, but not limited to, one or
more causes for revocation as described in the Cable
Communications Ordinance or this Agreement.
MODIFICATION
AGREEMENT: Shall mean any agreement of modification and
amendment to the Franchise Agreement entered into and
between the Grantee and the municipality and made a
part of the Franchise Agreement.
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NET PROFIT: Shall mean the amount remaining after deducting from
Gross Revenues all of the actual, direct, and indirect
expenses associated with operating the Cable System
including the Franchise. Fee, interest, depreciation, and
Federal or State income taxes.
PERSONS: Shall mean any people, firms, corporations, companies,
partnerships, associations, joint ventures, trusts, or
organization of any kind and the lawful trustee, successor,
transferee, assignee, or personal representative thereof.
PROPOSAL: Shall mean the Proposal submitted by the Grantee of
March 21, 1996, including Grantee's subsequent letters
of clarification dated May 16, 1996 and June 11, 1996.
PUBLIC ACCESS
CHANNEL: A cable television Channel or Channels specifically
designated as a non - commercial Public Access Channel
available on a first -come, non - discriminatory basis.
Shall include without limitations all use pursuant to
Sections 611 and 612 of the Act (47 USC 531, 47 USC
532).
PUBLIC, EDUCATIONAL
AND ACCESS
FACILITIES: Those facilities necessary for the production and playback
of Public, Educational, and Access programming. Such
facilities shall include, but not be limited to, studio space,
lighting, audio, camera, recording, playback, editing,
cabling, and monitoring equipment, along with props and
sets.
PUBLIC STREET: Shall mean the surface, the air space above the surface,
and the area below the surface of any public street, road,
highway, lane, path, alley, sidewalk, boulevard, drive,
or bridge, now or hereafter held by the Village. No
reference herein, or in any Franchise, to the "public
street" shall be deemed to be a representation or
guarantee by the Village that its title to any property
is sufficient to permit its use for such purpose, and the
Grantee shall, by the use of such terms, be deemed to
gain only such rights to use property in the Village
as the Village may have the undisputed right and power
to give.
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PUBLIC WAY: Shall mean the surface, the air space above the surface,
and the area below the surface of any conduit, tunnel,
park, parkways, square, waterways, utility easements, or
other public right -of -way now or hereafter held by the
Village. No reference herein, or in any Franchise, to the
"public way" shall be deemed to be a representation or
guarantee by the Village that its title to any property is
sufficient to permit its use for such purpose, and the
Grantee shall, by the use of such terms, be deemed to
gain only such rights to use property in the Village as the
Village may have the undisputed right and power to give.
REGIONAL CABLE
GROUP: The intergovernmental body established by the Villages
of Buffalo Grove, Elk Grove, Hoffman Estates, and
Palatine, and the City of Rolling Meadows whose purpose
is to serve as a coordinating entity for the renewal of the
and oversight of the Franchise Agreement, and for the
monitoring of cable television and related
telecommunications operations within its member
communities.
SCHOOLS: Shall mean all public, and private, elementary and
secondary schools, junior colleges, colleges, and
universities which have been granted a certificate of
recognition by the Illinois State Board of Education.
SOCIAL CONTRACT: The "Social Contract for Continental Cablevision"
approved by the Federal Communications Commission
on August 1, 1995, FCC Docket No. 95 -335.
SUBSCRIBER: Shall mean any Person who legally receives one or more
of the services as may be provided by the Grantee's Cable
System and does not further distribute such service(s).
SUBSCRIBER DROP: A cable which connects the tap or coupler of a feeder
cable to the Subscriber's premises.
USER: Shall mean a person or organization utilizing a system
Channel or system equipment and facility for purposes
of production and /or transmission of material, as
contrasted with receipt thereof in a Subscriber capacity.
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UPSTREAM
CHANNEL: A Channel which is transmitted in a direction from the
Subscriber's television set to the Headend.
VERTICAL BLANKING
INTERVAL: The unused lines in each field of a television signal (seen
as a thick band when the television picture rolls over,
usually at the beginning of each field), that instruct the
television receiver to prepare for reception of the next
field. Some of these lines may be used for teletext and
captioning or maintain specialized test signals.
VILLAGE: Shall mean the Village of Buffalo Grove, Illinois,
and all the territory within its present and future
corporate boundaries and including any area over which
the Village exercises its jurisdiction.
VILLAGE BOARD: Shall mean the corporate authorities of the Village of
Buffalo Grove, Illinois.
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SECTION 3.1
ARTICLE 3
GRANT OF AUTHORITY
GRANT OF OPERATION
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The Village of Buffalo Grove, hereby grants pursuant to express approval by the
Village of Grantee's maps and digitized illustrations of its Cable System plant, the
non - exclusive right and privilege to construct, erect, operate and maintain in, upon,
along, across, over and under Public Streets, Public Ways, and public places now laid
out or dedicated and all extensions thereof and thereto, in the Village, poles, wires,
cables, underground conduits, manholes, and other television conductors, and fixtures
or appurtenances necessary for the maintenance or and operation of a Cable System
for the interception, production, sale, and distribution of audio, video, data, voice,
and radio signals. Due to the ambiguity of the applicable law, this Agreement shall
not create or diminish either parties' rights with regard to providing
telecommunications services in the Franchise Area, including, but not limited to the
Franchising Authority's rights to require separate telecommunications franchise or
the Grantee's right to provide telecommunications services over the Cable System as
defined in this Agreement.
SECTION 3.2 OBLIGATION TO PROVIDE SERVICES
Upon issuance of a non - exclusive, revocable Franchise by the Village for
construction, installation, maintenance, and operation of Cable System within a
designated Franchise Area, Grantee shall be obligated to provide the services of a
Cable System.
SECTION 3.3 GRANTEE TO HAVE NO RECOURSE
The Grantee shall have no recourse whatsoever against the Village for any loss,
cost, expense or damage arising out of any provision or requirement of this
Agreement or its regulation or from the Village's authority to grant additional
Franchises. This shall not include negligent acts of the Village, its agents, or
employees.
SECTION 3.4 COMPLIANCE WITH CABLE COMMUNICATIONS ORDINANCE
Having fully examined all of the provisions of the Cable Communications Ordinance,
and this Agreement, Grantee hereby accepts the award of the non - exclusive
Franchise and expressly promises and agrees to comply in all respects with every
provision of the Cable Communications Ordinance as it now exists or is hereafter
amended or supplem, ,-ated in accordance with legal authority, where the provisions
are not inconsistent with nor substantially alter the provisions of this Franchise
Agreement.
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SECTION 4.1
ARTICLE 4
FRANCHISE CONDITIONS
EFFECTIVE DATE
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This Agreement and the Franchise granted hereunder shall become effective March
1, 1997.
SECTION 4.2 FRANCHISE TERM
The term of the Franchise shall be for a period of ten (10) years beginning from the
Effective Date as defined above.
SECTION 4.3 NON- EXCLUSIVITY
A. Any Franchise granted by the Village pursuant to this Agreement shall be non-
exclusive. The Franchising Authority reserves the right to grant, at any time,
additional Franchises to operate a cable television or other communications
system for the purpose of providing cable television services to the citizens and
residents of the Village. However, all subsequent Franchises should only be
granted if the terms, conditions, and requirements of said subsequent
Franchise relating to payments, facilities, equipment, and services provided
satisfy the requirements as set forth in 65 ILCS 5/11- 42 -11, and as
subsequently amended. Notwithstanding the applicability of said statute or, in
the event of its repeal, in order for the Franchising Authority to maintain a
competitively neutral environment and to maximize the benefits to all
citizens /residents of the Village, any subsequent Franchise shall provide terms,
conditions, and requirements relating to payments, facilities, equipment, and
services provided substantially equivalent to the Franchise granted herein.
B. Due to the accelerated pace of technological advances in the communications
industry, the Franchising Authority reserves the right to require additional
terms or conditions with regard to payments, facilities, equipment, and
services provided, in order to compensate for technological advances,
depreciation, and inflation factors. That in no event shall such additional
requirements be utilized as to effectuate an economic penalty or benefit to any
current or subsequent provider of Cable Service in the Franchise Area.
SECTION 4.4 MATERIAL BREACH OF FRANCHISE
This Franchise Agreement may be terminated for violations of any material provision
of this Agreement as provided for in Section 7.2 of this Agreement, as defined in
Section 4.6(A)(1 -7) of the Cable Communications Ordinance.
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SECTION 4.5 ACCEPTANCE OF FRANCHISE
A. Binding Agreement of Terms and Conditions. The Village and Grantee agree
to be bound by, and to timely and fully perform and fulfill all of the terms,
conditions, inducements, offers, promises, provisions, and representations of
this Franchise Agreement. Anything contained herein to the contrary
notwithstanding, all provisions of this Agreement shall be binding upon the
Grantee, a unit of US West Media Group, its successors, lessees, designees,
or assignees.
B. Acceptance of Power and Authority of Village. The Grantee expressly
acknowledges that in accepting the Franchise it has relied upon its own
investigation and understanding of the power and authority of the Village
to grant this Franchise.
C. Filing of Franchise Agreement. A fully executed copy of the Franchise
Agreement shall be maintained in the Office of the Village Clerk.
D. Previous Rights Abandoned. This Franchise shall be in lieu of any and all
other previous rights, privileges, powers, immunities, and authorities owned,
possessed, controlled, or exercisable by the Grantee or any successor
pertaining to the construction, operation, or maintenance of a Cable System
in the Village. The acceptance of this Franchise shall operate, as between
Grantee and the Franchising Authority, as an abandonment of any and all
such rights, privileges, powers, immunities, and authorities within the
Village. All construction, operation, and maintenance by the Grantee of any
Cable System within the Village shall be under the Franchise and not under
any other right, privilege, power, immunity, or authority.
E. Regulatory Authority. Grantee agrees that it is and shall be subject to the
regulatory authority of the Village as set forth in this Franchise Agreement
and as the Franchise Agreement may from time to time be supplemented or
amended pursuant to agreement of the parties and by applicable law or
regulation.
F. Compliance with Laws, Rules, and Regulations. In the event any valid law,
rule, or regulation of any federal and state governing authority or agency
having jurisdiction, including, but not limited to, the Federal Communications
Commission, or its designated successor, contravenes the provision of this
Agreement subject to its adoption; then the provisions hereof shall be
superseded by any such valid law, rule, or regulation, to the extent that the
provisions hereof are in conflict and contrary to any such rule, law, or
regulation.
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G. Franchise Validity. The Grantee agrees, by acceptance of this Franchise
Agreement, to accept the validity of the terms and conditions of this Franchise
in its entirety and that it will not, at any time, proceed against the Franchising
Authority in any claim or proceeding challenging any term or provision of this
Franchise as unreasonable, or arbitrary, or that the Franchising Authority did
not have the authority to impose such term or condition.
H. Illegal or Wrongful Conduct; Inducements. Grantee represents, warrants, and
guarantees that neither it, nor its representatives or agents have committed
any illegal acts or engaged in any wrongful or illicit conduct contrary to, or in
violation of any federal, state, or local law or regulation in connection with the
obtaining of the Franchise. The Grantee by acceptance of this Franchise
acknowledges that it has not been induced to enter into this Franchise by any
understanding or promise or other statement, whether verbal or written, by
or on behalf of the Village concerning any term or condition of this Franchise
that is not included in this Agreement.
Further Representations of Grantee. The Grantee further warrants and
represents as follows:
1. That Grantee is a Delaware corporation authorized to do business in
the State of Illinois, in good standing and has full legal right and
authority to enter into and fully execute and perform the terms and
conditions of this Franchise Agreement;
2. That Grantee has merged with US West Media Group, a Delaware
corporation, and that US West Media Group is the controlling entity
of the Cable System as of November 15, 1996, and;
3. That all corporate action required to authorize the acceptance of this
Franchise Agreement, and execution and delivery of this Franchise
Agreement and all other documents to be executed and /or delivered
by the Grantee pursuant to this Franchise Agreement, and to authorize
the performance by the Grantee of all its obligations under this
Franchise Agreement have been validly and duly acted on and are in
force and effect; and
4. That the Franchise Agreement and all other documents executed
and /or delivered by the Grantee have been duly accepted and
executed; and
5. That the Grantee has the financial, legal, technical, and construction
capability to operate, maintain, rebuild, and upgrade the Cable System
pursuant to the terms and conditions of this Franchise Agreement.
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J. Grantee's Authorized Agent. For purposes of this Franchise Agreement,
Grantee authorizes and appoints the General Manager, Continental
Cablevision of Northern Illinois, Inc., with offices located at 688 Industrial
Drive, Elmhurst, Illinois 60126 to act as its registered agent, and represents
to the Franchising Authority that such agent is authorized to accept service
and notice on its behalf.
SECTION 4.6 SERVICE AREA COVERED BY FRANCHISE AGREEMENT
The Franchising Authority hereby extends to the Grantee the privilege of operating
the Cable System within the corporate limits of the Village as now or in the future
may exist as shown on the map found in Appendix A of this Agreement.
SECTION 4.7 FRANCHISE MODIFICATION
The Grantee and the Franchising Authority shall follow the procedure for Franchise
modifications and periodic Franchise evaluations as established by Section 4.3 of the
Cable Communications Ordinance.
SECTION 4.8 PERFORMANCE EVALUATION SESSIONS
A. The Franchising Authority and the Grantee shall conduct performance
evaluation sessions in accordance with the terms and conditions of Section 4.4
of the Cable Communications Ordinance.
B. Periodic Franchise Revisitations. Within ninety (90) days of the third, fifth
and seventh anniversaries of this Agreement, Grantee and Franchising
Authority through the Regional Cable Group, shall jointly meet, if requested
by either party, to discuss revisiting certain provisions of the Franchise
Agreement and discuss potential changes to the Franchise Agreement due to
changes in technology, law or regulation, and the changing cable - related needs
and interests of the community. Based on the outcome of such meeting(s) and
discussion(s), the parties may amend this Agreement to incorporate changes
which have been mutually agreed upon by the Franchising Authority and the
Grantee. The Franchising Authority, through the Regional Cable Group, and
the Grantee may, at their discretion, jointly agree to meet at more frequent
intervals than those indicated above if so warranted.
SECTION 4.9 FRANCHISE RENEWAL
The Franchising Authority and the Grantee shall agree to follow the terms,
conditions, and proceedings established by Section 4.5 (A -D) of the Cable
Communications Ordinance which shall not be in conflict with Section 626 of the
Cable Act.
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In the event that Section 626 of the Cable Act shall be repealed, the Franchising
Authority and the Grantee shall agree to follow the procedures set forth in Section
4.5 of the Cable Communications Ordinance.
SECTION 4.10 TRANSFER OF FRANCHISE
The Franchising Authority and the Grantee shall agree to follow the terms,
conditions, and processes established by Sections 4.12 (A) -(H) and Section 4.13 of
the Cable Communications Ordinance regarding transfer of ownership of the
Franchise. Where the Franchising Authority has consented to the transfer of
ownership of the Franchise from the Grantee to the buyer, transferee, delegee, or
assignee, the Village shall recover from the buyer, transferee, delegee, or assignee
the reasonable direct costs incurred by the Village for the consideration of the
Grantee's request for purchase, transfer, delegation, or assignment of the Franchise
provided that such costs shall not exceed a total of five thousand dollars ($5,000.00)
or one thousand dollars ($1,000.00) per community.
SECTION 4.11 LIABILITY AND INDEMNIFICATION: SECURITY FUND
A. The Grantee shall, at its sole expense, fully indemnify, defend, save and hold
harmless the Village of Buffalo Grove, its corporate authorities, officers,
boards, commissions, employees and agents harmless from any and all injuries,
claims, counter - claims, demands, suits, judgments, execution liabilities, debt
damages, or penalties (hereinafter referred to as "claims ") arising out of,
resulting from or alleged to arise out of or result from, the approval of this
Agreement, the granting of a Franchise, or the construction, erection,
installation, operation, maintenance of, or other activity connected with, the
Grantee's Cable System, whether or not such acts or omissions are those of
the Grantee, and whether or not any such act or omission is authorized,
allowed or prohibited by this Agreement or the Grantee's Franchise. These
damages shall include but not be limited to penalties arising out or alleged to
arise out of any claim for damages for Grantee's invasion of the right of
privacy, defamation of any Person, firm or corporation, or copyright,
trademark, trade name, service mark or patent violations or infringements, or
of any other right of any Person, firm or corporation, damages arising out of
any failure by Grantee to secure consents from the owners, authorized
distributors or licensees of programs to be delivered by the Grantee's Cable
System, and failures of Grantee to comply with provisions of any statute,
regulation, or ordinance of the United States, State of Illinois, Cook, Lake, or
Kane Counties, or Village of Buffalo Grove applicable to Grantee in its
business.
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B. The Grantee shall pay and by its acceptance of a Franchise shall be deemed
to have specifically agreed that it will pay all expenses incurred by the
Village in defending itself with regard to all claims mentioned in subsection
A above including reasonable attorney's fees. Nothing herein shall be deemed
to prevent the parties indemnified and held harmless herein from participating
in defense of litigation as co- counsel through their own Village Attorney at
their sole expense. Such participation shall not under any circumstances relieve
Grantee from its duties of defense against liability of or of paying any
judgment entered against such indemnified party.
C. The Grantee shall obtain and maintain at its own expense, effective from the
date of execution of the Franchise Agreement and thereafter maintain in full
force and effect throughout the term of such Franchise and any extension
thereof, an acceptable policy or policies of general comprehensive liability
insurance and umbrella liability insurance, products /completed operations
liability insurance, personal injury liability insurance, owners and contractors
protected liability insurance, broad form property damage insurance,
contractual liability insurance, automobile liability (owned, non - owned, and
hired automobiles), workers compensation, and employers liability acceptable
to the Village. Said policy or policies shall name the Village as an additional
insured, and in their capacity as such, Village's officers, agents, and employees.
Grantee and said Village and officers shall also be named as additional
insureds, and the policy or policies shall contain cross - liability endorsements.
Policies of insurance, insuring the Village and the Grantee with regard to all
claims mentioned in subsection A above in the minimum amounts of.
1. Two Million Dollars ($2,000,000.00) for bodily injury or death to any
one person, within the limit of Ten Million Dollars ($10,000,000.00) for
bodily injury or death resulting from any one accident.
2. Two Million Dollars ($2,000,000.00) for property damage,
including damage to Village property, resulting from any one accident.
3. One `'Zillion Dollars ($1,000,000.00) for all other types of liability
resulting from any one occurrence.
A copy of Cercficates of Insurance identifying the policy or policies, coverages,
and named insureds, and naming the Village as an additional named insured
shall be sent to the Village as provided for in the Franchise Agreement and
a Certificate of Insurance shall be sent to the Village no later than ninety (90)
days after the start of Grantee's succeeding policy year.
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All policies of insurance required hereunder must be underwritten by sureties
qualified to do business in the State of Illinois and must be rated not lower
than "B +" by Best's Insurance Rating Services: Nothing herein shall prevent
Grantee from self- insuring any or all policies required by this Agreement.
The Village shall retain the right to re- examine insurance policy coverage
limits, and where necessary, after consultation with the Grantee, reasonably
increase the coverage limits during the life of the Franchise Agreement or any
extension thereto to insure compliance with any risk management program to
which the Village belongs.
D. Security Fund. Grantee shall maintain at its own expense, and by acceptance
of a Franchise be deemed to have agreed that it will maintain on deposit with
the Village, throughout the term of such Franchise, and any extension thereof,
a Security Fund in the form of a letter of credit from a financial institution
in the amount of Twenty Thousand Dollars ($20,000.00) and a performance
bond in the amount of Thirty Thousand Dollars ($30,000.00). The Franchising
Authority retains the right to require the above letter of credit and
performance bond to be replaced with a Fifty Thousand Dollar ($50,000.00)
letter of credit if in its sole discretion it finds cause to seek such action. The
form and content of such Security Fund letter of credit shall be in a form
approved by the Corporation Counsel. In particular, but without limitation,
such letter of credit shall be drawn in the case of any default or failure of the
Grantee to pay any fees, penalties, claims, liens or taxes due the Village
under this Franchise. Upon drawing on such letter of credit for any reason,
the Village shall notify the Grantee. The Grantee shall, within three (3) days
of the receipt of such notification, take all action required to restore the
Security Fund letter of credit to its original, full amount. The rights reserved
to the Village with respect to the Security Fund letter of credit are in addition
to all other rights of the Village, whether reserved by the Cable
Communications Ordinance or this Franchise or authorized by law, and no
action, proceeding or exercise of a right with respect to such Security Fund
letter of credit shall affect any other right the Village may have.
E. All insurance certificates reflecting the Grantee's policies, bonds, Security
Fund bond and letter of credit required by this Section shall contain a
provision requiring at least thirty (30) days written notice to both the
Village and the Grantee of any cancellation, termination, or other expiration
and shall provide that no such cancellation, termination or expiration shall be
effective prior to such notice. Each such policy, bond, and letter of credit must
be approved by the Village Manager of the Village of Buffalo Grove and
copies of such documents, shall be filed and maintained with the Village
Clerk. Notices of any renewal of any expiring policy or bond shall be filed with
the Village Clerk at least sixty (60) days prior to the date of such expiration.
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F. If the Grantee proposes to secure a new insurance policy, bond or letter of
credit (collectively, the "Instruments ") instead of renewing an existing policy,
bond or letter of credit, the Grantee shall, at least thirty (30) days prior to the
expiration date of any such insurance policy, bond or letter of credit, submit
to the Village Manager a copy of the proposed new Instrument for the
Manager's review. Should the Manager find that the Instrument does not
provide substantially the same indemnity or that it is procedurally defective,
then the Manager shall so notify the Grantee and the Grantee shall be
obligated to reasonably cure the defect. Where an existing Instrument reaches
its expiration date, such proposed new Instrument shall become effective only
upon the expiration date of such expiring Instrument if the Village
Manager has approved the terms and coverage of said new Instrument which
approval shall not be unreasonably withheld. The Grantee shall comply with
all applicable provisions of this section as to any such Instrument.
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ARTICLE 5
RATES, FEES AND RECORDS
SECTION 5.1. RATES AND FEES
A. Rate Regulation. Grantee shall recognize the right of the Franchising
Authority through the Regional Cable Group to exercise its authority to
regulate rates for basic services and associated equipment necessary to
provide basic Cable Service to Subscribers. For the term of Grantee's
Continental Cablevision Social Contract and any subsequent amendment
between it and the FCC, the Franchising Authority and the Regional
Cable Group shall continue to regulate those areas of basic Cable Service and
associated equipment which they are allowed to regulate under the terms of
the Continental Cablevision Social Contract and any subsequent amendment
thereto. Grantee shall abide by all applicable laws, rules, regulations, and
orders with regard to rates and regulation thereof by the Franchising Authority
as promulgated by the FCC and the Franchising Authority. The Grantee and
the Franchising Authority agree that any amendment or modification to the
Continental Cablevision Social Contract or to any rules and regulations with
regard to rates, if they are applicable, shall apply to this Agreement.
C B. Filing of rate schedule with Village. Grantee shall file with the Village a full
schedule of all Subscriber and User rates and all other fees or charges,
including but not limited to, pay - per -view services, game Channel and other
Interactive Service charges, late fees, Installation fees, reconnection fees,
hourly service charges, disconnect fees, additional outlet charges, name
changes, VCR hookups, service upgrades, swaps of pay services, installation
of A/B switches, cable guides, cable guide subscriptions, and burial of
Subscriber Drop cables. Said schedule shall be filed no less than thirty (30)
days prior to the time such changes are announced by Grantee in the levels
of rates, fees, or other charges.
C. Rate discounts. The Grantee may offer discounts in rates in accordance with
Section 623 (e)(1) of the Cable Television Consumer Protection and
Competition Act of 1992, as now or hereinafter amended, or any successor
provision, as referenced in Title 47, Section 543 of the U.S. Code of Federal
Regulations.
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SECTION 5.2 FRANCHISE FEES
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A. The Grantee, in consideration of the privilege granted under the Franchise
for the operation of a cable television system, and the expense of regulation
incurred by the Village pursuant to the Franchise, shall pay to the Village on
a bi- monthly basis, an amount equal to five percent (5%) per year of Grantee's
annual Gross Revenue as permitted by law. Gross Revenue shall be defined
as stated in Section 2.1 hereinabove. To the extent permitted by law, and in
accordance therewith, increases in Franchise Fees may be levied by the
Village after thirty (30) days advance written notice is given to Grantee.
Pursuant to Grantee's request, the Grantee shall make estimated bi- monthly
Franchise Fee payments based upon the amount of Franchise Fees paid for
the same two month period in the preceding year. However, the Grantee shall
provide an adjustment bi- annually upon completion of Grantee's Franchise Fee
audit for the applicable period, in order to reflect the exact amount of
Franchise Fees to be paid by Grantee. Grantee shall provide written
verification of the current year's audit and for the prior year upon which the
estimated payments are based.
B. The Franchise Fee payment shall include a statement identifying in detail the
sources and actual amounts of Gross Revenues received by Grantee during
the preceding period for which payment is made. Said statement shall contain
those items identified in Section 4.10 of the Cable Communications Ordinance.
Said payment shall be paid by the Grantee by the 30th day of the month
following that period for which the payment is being made.
C. Payment of Franchise Fee in the Event of Termination or Cancellation. In
the event Grantee continues operation of all or any part of the Cable System
beyond the cancellation or the expiration of the Franchise Agreement,
Grantee shall pay to the Village the compensation set forth hereinabove at
the rate in effect at the time of such cancellation or expiration, and in the
manner set forth in this Franchise Agreement, together with any taxes it would
have been required to pay had its operation been duly authorized.
D. Acceptance of Payment. The acceptance of any payment required hereunder
by the Village shall not be construed as an acknowledgement that the amount
paid is the correct amount due nor shall such acceptance of payment be
construed as a release of any claim the Village may have for further or
additional sums due and payable.
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D. Records to be provided to the Franchising Authority:
1. Grantee shall continue to provide to the Franchising Authority through
the Regional Cable Group, the following records:
a. A monthly outage tracking report showing the number of outages
occurring over a twelve (12) month period for each Franchise
Area within the Regional Cable Group and a monthly average,
with such report breaking said outages down by the following
types: power outage - related, plant damage- related, equipment
failure- related, and blown fuse- related. Such report shall be in
the form of a spreadsheet. Said reports shall also compare the
current month of the current year with the same month of the
previous year for each Franchise Area within the Regional Cable
Group. The report shall also show outage subtotals for peak
hours, non -peak hours, outages due to scheduled work during
peak hours and non -peak hours, and outages due to Headend
work during peak hours and non -peak hours. Totals for both
peak and non -peak hours shall be provided. For the purpose of
this report, peak hours shall be considered to be 6:00 AM to
9:00 AM, 11:00 AM to 3:00 PM, and 9:00 PM to 10:00 PM.
b. Outages affecting specific cable Channels shall be provided,
along with the name or call letters of the Channel, the date of
and time of the outage, and the reason for the outage.
C. The number of homes passed for each Franchise Area along
with Subscriber totals for the current and previous month, and
penetration rates per Franchise Area.
d. To the extent applicable, an On -Time Guarantee Analysis report
for each Franchise Area showing on -time adjustment categories
and cause, including routing, traffic, elements, scheduling,
directional, mishap, previous job, failed promise, or office
correction and totals. Categories of the report applied to the on-
time adjustment categories shall include new Installations,
Reconnection or Installation, Disconnection or Change in
Service, Service Related Outages (SRO), and Trouble Calls,
along with a grand total. This report shall be prepared for each
member community of the Regional Cable Group in the form
of a spreadsheet.
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e. A monthly report for all temporary Subscriber Drops installed,
including "snow drops ", including location, the date of
installation, and the date of burial.
£ A monthly report discussing Technical Operations, Institutional
Network Activities per Regional Cable Group member
community, System Activities, Marketing, and Customer Service,
including marketing- sponsored community events, and
Community Programming on the Public Access Channel.
2. Upon request by the Franchising Authority, Grantee shall provide
Franchising Authority with a monthly summary of recorded complaints
tendered to the Grantee. Such summary record shall include the
number of recorded complaints received, an identification of the
substance of the complaint, the method or methods by which the
complaint was resolved. Grantee shall also provide the Franchising
Authority with a monthly report on telephone statistics for all telephone
lines serving the Franchise Area. Said reports shall contain the number
of calls received per day, abandoned calls, the average or maximum
time for which any calls were placed on hold, and the rate at which
callers received a busy signal.
3. Grantee shall provide the Franchising Authority with an annual listing
of all reports, petitions, applications and correspondence generated
from its local office filed with the FCC which are not a part of
Grantee's public inspection file, the United States Federal Trade
Commission, or any other Federal agency which has jurisdiction over
the Grantee's Cable System. Such listing shall be filed with the
Franchising Authority no later than thirty (30) days following the close
of the calendar year. The Franchising Authority may request a copy of
any documents referred hereto at such time that the Franchising
Authority determines that such documents would be beneficial to the
Village's understanding of the operation of the Cable System.
4. Grantee shall file annually with the Franchising Authority on the
anniversary date of the Franchise, the following information:
a. A current list of all Grantee's officers and directors.
b. Two (2) copies of all types of Subscriber agreements. Copies of
individual Subscriber's agreements are not to be filed with the
Franchising Authority.
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E. Annual Report. The Grantee shall also file, within one hundred twenty (120)
days following the conclusion of the Grantee's fiscal year, an annual report
prepared by the Grantee's Comptroller for the Cable System acceptable to the
Village, clearly showing the yearly total gross revenues. Said annual report is
to be prepared at Grantee's expense according to generally accepted standards
by the Financial Accounting Standards Board (FASB). Said annual report shall
contain a listing of all of Grantee's directors, officers, and shareholders who
own directly or indirectly, at least five percent (5 %) of the stock in the
corporation of which the Grantee is an entity if changed from the prior year.
Where Grantee or its parent is a publicly- traded stock company, the filing by
the Grantee with the Franchising Authority of a copy of the annual report to
stockholders shall constitute compliance with the provisions of this Section.
SECTION 5.3 FRANCHISE FEE AUDITS OR AGREED -UPON PROCEDURES
A. The Village shall have the right to inspect and its independent auditor, if
necessary, photocopy the Grantee's income records, worksheets, notes,
journals, ledgers, and other such appropriate relevant financial records. The
Franchising Authority shall have the right of audit and the right to require
recomputation of any amounts determined to be payable under this
Agreement. The Grantee may require the independent auditor of the
Village to enter into a confidentiality agreement limiting the release of
information disclosed through the inspection, audit, and /or recomputation.
B. The Franchising Authority shall provide Grantee with no less than thirty (30)
calendar days notice of the Franchising Authority's intent to conduct an
inspection of Grantee's financial records. Grantee shall comply with the
request of the Franchising Authority and make available all such records as
are reasonably required at the Grantee's local office. In the event that certain
necessary records or documents cannot be made available at the location
agreed to by the Franchising Authority, Franchising Authority may, at its
option, send its designee to the location where Grantee has stored such
records. The Franchising Authority may require Grantee to pay for all
reasonable travel expenses incurred by the Franchising Authority.
C. Any undisputed additional amount due the Village as a result of the audit or
agreed -upon procedures shall be paid within thirty (30) days following written
notice to the Grantee by the Village which notice shall include a copy of the
audit report or agreed -upon procedures report. The cost of said audit shall be
borne by the Grantee if it is properly determined that the Grantee's annual
payment due to the Village for the preceding year is increased thereby by
more than three percent (3 %).
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D. In the event that any Franchise payment or recomputed amount is not made
on or before the applicable dates heretofore specified, interest shall be
charged from such due date at the monthly rate of four (4) percent over the
prime rate at the Bank of America, Chicago Main Branch on the date upon
which the Franchise payment was due.
E. In the event the Franchise is terminated for any reason the Grantee shall file
with the Franchising Authority, within thirty (30) days of the termination of
service by the Grantee, a financial statement clearly showing the Gross
Revenues received by Grantee since the end of the previous month prior to
the termination of the Franchise to the date upon which final transfer or sale
of the Cable System occurs within thirty (30) days of the final transfer or sale.
Grantee shall submit such documentation with the final Franchise Fee
payment. Grantee shall not be responsible for payment of any Franchise Fees
after the date upon which Grantee ceased providing Cable Services.
SECTION 5.4 BOOKS AND RECORDS
A. To the extent practicable, Grantee shall maintain all books and records of its
operations pertaining to the operation of the Cable System and in a manner
specific to the Franchise Area. Grantee shall not maintain its only records
concerning the Cable System within the Franchise Area in aggregate form
which commingles such records with Cable Systems in other communities to
the extent that Grantee's records for the Franchise Area cannot be separately
distinguished. All records pertaining to Subscribers, Cable System operations,
and finances of the Grantee shall be maintained in a local office, or in a
regional office that is no more than one hundred (100) miles from the
corporate offices of the Village.
B. Where Grantee is unable to locate books and records specific to the Franchise
Area at a location which is either within the Village of Buffalo Grove, or
within the one hundred mile restriction, Grantee may locate such books and
records at a remote location which is set forth by Grantee with the provision
that in the event that the Franchising Authority, or its designee requests to
inspect such records, Grantee shall permit the inspection of such records
within thirty (30) calendar days of the Franchising Authority's request. If it is
found that the Franchising Authority reasonably believes that such inspection
has identified an infraction, Grantee shall pay for all reasonable travel
expenses incurred by all personnel of the Franchising Authority, or its
designee.
C. Grantee shall maintain records regarding certain aspects of its operations,
in accordance with those stated in Section 5.2 (D) of the Cable
Communications Ordinance.
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C. The names of the Cable System resident manager and engineer,
or designated emergency response person and their business and
residential addresses and phone numbers.
5. The Franchising Authority and Grantee shall collect and disclose
Subscriber information within the limitations established by Section 631
of the Cable Communications Policy Act of 1984, as now or hereafter
amended, or by any successor provision.
E. The books and records of the Grantee's operation within the Village shall be
made available to the Village during normal business hours, for inspection and
audit by the Village within thirty (30) days after such request has been made.
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ARTICLE 6
SYSTEM OPERATIONS
SECTION 6.1 TECHNICAL REQUIREMENTS
A. Applicable Construction and Technical Standards. Within twenty -four (24)
months from the Effective Date of this Agreement, Grantee shall have
completed an upgrade of the Cable System throughout all of the communities
of the Regional Cable Group, including the Franchise Area. The Grantee's
Cable System, upon completion of the upgrade, shall meet the following
criteria as established by Grantee's Proposal:
1. Activation of the Cable System to 500 -home nodes;
2. Passive line devices passing not less than 1 GigaHertz (GHz)
3. A design which contemplates a fully passive optical - coaxial system in
which no active electronic devices are needed;
4. A status monitoring system with integrated backup power supplies;
5. Ability to provide high -speed data and Internet access;
6. System redundancy through fiber bi- directional interconnections to
Grantee headends in Elmhurst and Romeoville, Illinois
Grantee shall follow the construction schedule for the upgrade as found in its
Proposal. Where Grantee reasonably believes and can establish that additional
time beyond the estimated completion date as stated in the Engineering
Section (Form G -1 - Franchise Territory and Construction Schedule) of its
Proposal is necessary for the completion of the reconstruction of the Cable
System, Grantee may be given an extension of time for completion by the
Village Board upon request to and review by the Village Board.
B. Channel capacity and activation. Grantee shall provide a Cable System
having a capacity, of, at minimum, seven hundred fifty MegaHertz (750 MHz)
or such greater capacity as specified in its Proposal. Grantee shall provide to
the Franchising Authority a timetable for implementation of said capacity in
those communities whose Cable Systems have not yet been reconstructed
within six (6) months of the Effective Date of this Agreement. Grantee shall
employ and activate no fewer than eighty -five (85) analog Channels or as
Subscriber demand dictates. To the extent practicable, Grantee agrees to
establish identical channel line -ups for cable -ready televisions and Converter
boxes.
C. Services and Continuous Operation. Grantee shall design said Cable System
with the capability to provide Upstream Channel and Downstream Channel
capacity.
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Grantee shall also operate and maintain said Cable System in a manner which
will enable continuous twenty -four (24) hour operation of all services as
required herein.
D. Upstream and Downstream Channel Capacity. Grantee shall provide a Cable
System having Seven hundred (700) MegaHertz of Downstream Channel
capacity on the Subscriber network, and fifty (50) MegaHertz of Upstream
Channel capacity in accordance with its Proposal.
E. Benefits to Subscribers. During the period between the Effective Date of this
Franchise Agreement and the completion of the rebuild of the Cable System
in the Franchise Area, Subscribers in the Franchise Area shall be entitled to
all other benefits specified in this Agreement except for those benefits which
may not be realized until the rebuilt Cable System has been completed and
activated, which may include increased Channel capacity.
F. Force Majeure for System Reconstruction. No penalties of any kind shall be
imposed upon the Grantee for delays in completing the reconstruction of the
Cable System when such delays are caused by the following: 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 jurisdiction, any act of God, vendor caused
equipment delays, and any cause beyond the control of the Grantee including
the failure of the Village to provide permits in a timely manner or otherwise
unreasonably delay construction where the Grantee has expeditiously and in
good faith pursued permitting and construction processes. In the case of a
vendor caused equipment delay, the burden of proof will be on the Grantee
to show that the delay was solely the fault of the vendor.
G. Periodic Testing and Compliance with FCC Standards. To the extent
permitted by law, Grantee shall comply with all Cable System testing
regulations as specified in Title 47, Section 76, Subpart K of the U.S. Code
of Federal Regulations. Grantee shall test its Cable System at such periodic
intervals as established by the FCC, and shall follow testing procedures
consistent with those set forth by the FCC in providing those levels of video
and audio signals which the FCC has deemed as being the minimum standards
for Cable TV reception. Upon the Franchising Authority's determination that
the Cable System is not meeting FCC technical standards, based upon a
reasonable belief and evidence of system failure or inadequacy, the
Franchising Authority may choose to engage a qualified technical consultant
to aid the Fi-aachising Authority in conducting oversight of the technical
aspects of the Grantee's Cable System.
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H. Service interruptions. The Grantee may interrupt service to cable Subscribers
when necessary for the purposes of alteration, maintenance, repair, or
emergencies. Grantee shall create such interruptions at such time as will
reasonably minimize inconvenience to its Subscribers, and unless such
interruption is unforeseen and immediately necessary, it shall give reasonable
notice thereof to the affected Subscribers and the Franchising Authority.
Grantee shall notify Subscribers in advance by means of the Public Access or
Local Origination Channels of any large -scale planned service interruptions
as defined herein at least twenty -four (24) hours in advance of the planned
interruption. For the purposes of this Agreement, a large -scale planned service
interruption shall mean an interruption of Cable Service under the following
conditions: 1) Where a node topology has not been employed, a service
interruption affecting twenty -five (25) percent or more of the Cable System's
Subscriber households; or 2) Where a node topology has been employed and
activated, a service interruption affecting twenty (20) percent or more of the
number of nodes located within the Franchise Area.
I. Emergency Override.
1. Grantee shall configure the Cable System to enable carriage of audio
emergency override cablecasting over all analog Channels of the Cable
System. Said emergency override capability shall be designed to allow
the Village President the Village of Buffalo Grove or his or her
designee, or Northwest Central Dispatch, to activate the emergency
override upon declaration of a public emergency.
2. Upon requirement by the FCC to participate in the Emergency Alert
System, Grantee shall provide notification to the Village within thirty
(30) calendar days of receipt of such notification from the FCC, and
shall provide its procedures for emergency alert to the Village.
I Restoration Security Letter of Credit. Grantee shall file and maintain with the
Village a labor and material letter of credit in an amount no less than Thirty
Thousand Dollars ($30,000.00) in order to guarantee the completion of any
restoration work during the rebuilding process. Such letter of credit shall
comply with the same standards as specified n Section 4.11 above. Upon final
completion of the reconstruction of the Cable System, the Franchising
Authority shall return the letter of credit to the Grantee.
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SECTION 6.2 CONSTRUCTION STANDARDS
A. Compliance with construction standards. Grantee shad design, engineer,
construct, install, operate, and maintain its system in a manner which follows
construction standards and technical standards as established by Federal, State,
and local laws, ordinances, or regulations. Grantee shall also adhere to any
such construction or technical standards which were subnstted as a part of its
Proposal. Construction, reconstruction, installation, and maintenance of the
Cable System shall be performed by the Grantee in a workmanlike manner,
in accordance with current construction, engineering, .ectrical and other
related technical standards.
B. Adherence to electrical and safety codes. The construction, installation,
activation, reactivation, and operation of any portion of Grantee's signal
origination or signal processing or signal distribution system and equipment,
including, but not limited to the towers, antennae, Header-d- studio, trunk and
distribution system, drops, and fixed or portable equipme= located on or off
Subscriber - occupied property shall comply with all applica; -le requirements of
each of the following publications:
1. National Electrical Code, published by the -National Fire Protection
Association, (currently ANSI /NFPA 70 -1996 and replaced by
subsequently adopted editions);
2. National Electrical Safety Code, published by the In- -atute of Electrical
and Electronics Engineers Inc. (Currently ANSI C' -:996 and replaced
by subsequently adopted editions).
Grantee shall at all times comply with all other appropri—ate Federal, State,
and local regulations, and codes and other ordinances of - -e Village.
C Undergrounding and method of installation.
1. All installations shall be underground in those areas of the Village
where public utilities providing both telephone and e ectric service are
underground at the time of installation. In areas wh--re either telephone
or electric utility facilities are above ground at the =7e of installation,
the Grantee may install its service above ground- provided that at such
time as those facilities are required to be placed -.mderground by the
Village or are placed underground pursuant to --he same terms and
conditions of those other utility facilities, the Grantee shall likewise
place its services underground without additional cost to the
Village or to the individual Subscriber so served within the
Village.
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Where Grantee's existing Cable System facilities are placed
underground, any reconstruction of such facilities shall be underground'
as well.
2. Where not otherwise required to be placed underground by this
Agreement, the Grantee's Cable System facilities shall be located
underground at the request of the property owner, provided that the
excess cost over aerial location shall be borne by the property owner
making the request.
3. All wires, cables, amplifiers, node sites, and other property shall be
constructed and installed in an orderly and workmanlike manner. All
cables and wires shall be installed parallel with existing telephone and
electric wires wherever possible. Multiple cable configurations shall be
arranged in parallel and bundled together with proper lashing or
conduit, with due respect for engineering and safety considerations.
Aerial cable which is placed over Public Streets or Public Ways shall
be hung at the heights specified for streets, sidewalks, parkways, and
yards as specified by the National Electrical Safety Code, and
underground cable shall be buried at depths in accordance with
guidelines established by the National Electrical Safety Code as
referred to herein.
4. All underground work required by the Franchising Authority in concert
with other utilities will be done in a coordinated fashion. Grantee will
request "joint meet" conferences for each project, bringing all utilities
and Grantee's plant from an aerial to an underground status. Grantee
shall share both map prints and locating information to help minimize
any disturbance to either Grantee and /or another entity's underground
distribution network. All work will be done in accordance with the Joint
Utility Locating Information for Excavators (JULIE) specifications and
a record of all locate and dig requests will be maintained by Grantee
at its principal offices. All underground construction will be done by
directional boring, except where safety or other conditions preclude it
or render it unnecessary.
D. Review of Construction or Reconstruction Plans and Work. The Village
hereby reserves the right to review Grantee's construction plans prior to the
commencement of construction, upgrade, installation, or erection of towers,
poles, conduits or fixtures related to the operation or maintenance of the
Cable System. Grantee shall submit plans and maps in hard copy and digitized
formats for tte Village's Geographic Information System (GIS) detailing
proposed facility construction, upgrade, installation or. erection to the
Village Engineer for his examination.
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Upon approval by the Village Engineer, Grantee may proceed with
implementation of its proposed plans and activities. The Village shall not
unreasonably withhold or delay approval of Grantee's plans. Notwithstanding
such approval, the Village shall have the right to inspect all construction or
installation work performed subject to the provisions of local laws and
ordinances. The Village shall not, however, be required to make inspections
or approve the Grantee's system and plans, and specifically disclaims such
obligation, the Grantee shall be solely responsible for taking all steps
necessary to assure compliance with such laws and regulations and the safety
of its system as installed.
E. Permits Required. Prior to the construction, reconstruction, repair, or
maintenance of the Cable System, Grantee shall be required to obtain
appropriate permits from the Village. Grantee shall apply for said permits and
make payment at the time of application for such permits as are required by
ordinances of the Village which are necessary for Grantee in order to conduct
such construction, reconstruction, repair, or maintenance of Grantee's Cable
System. All costs customarily charged by the Village related to application,
securing, maintaining, retaining, and renewing any permits, licenses, or other
authorizations shall be the responsibility of the Grantee.
F. Grounding. All towers, antennas, satellite receive stations, and other exposed
equipment of Grantee used in the provision of Cable Service shall be properly
grounded. Grantee at its discretion may properly ground said equipment in
such a manner that exceeds normal engineering requirements, provided,
however, that such grounding is in compliance with the National Electrical
Code as referenced in Section 6.2 (B) of this Agreement. Grantee shall also
comply with grounding of system equipment and service connections as
required under Section 6.4 (H) of the Cable Communications Ordinance.
G. Headend Facility.
1. Indoor Headend components shall be wired according to applicable
National Electrical Safety Code standards and shall be placed in a
properly ventilated and air - conditioned environment. Outdoor Headend
components, including, but not limited to, towers, antennas, and
satellite receive stations shall be properly anchored and wired in
accordance with NCTA Standards of Good Engineering Practices
(NCTA 008 -0477 EIA Standard RS -222C, "Structural Standards for
Steel Towers and Antenna Supporting Structures ") and shall be properly
lighted in accordance with the appropriate Federal Aviation
Administration and Federal Communications Commission rules and
regulations as now or hereafter amended.
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The Headend shall be equipped with a standby auxiliary power supply
for the purpose of maintaining operations during periods of outage,
maintenance, or repair - related downtime.
2. The Headend shall be connected to three (3) or more hub sites by
optical fiber, which, in turn, shall be connected to the optical node sites
as described in Grantee's Proposal.
H. Auxiliary power. The Grantee's Cable System shall be equipped with sources
of auxiliary power at the Headend and along cable trunk line amplifiers, or
at optical node sites for the purpose of continuation of service in the event of
repairs, maintenance, power interruptions or power outages in accordance with
Grantee's design.
I. Emergency removal of plant. Whenever, in case of emergency, it becomes
necessary in the judgment of the Village to remove or damage any of the
Grantee's facilities, no charge shall be made by the Grantee against the
Village for restoration or repair.
I Damage to Village Property. Where any damage is caused to any Village
property during construction, reconstruction, installation, or maintenance by
Grantee, the cost of such repairs including all service and materials required
by the Village will be billed to the Grantee. The charges shall be paid within
forty -five (45) days of the date of the billing or the Village, at its option, may
withdraw the cost of such repairs from the Restoration Security Letter of
Credit as established in Section 6.1 (K) hereinabove or the Security Fund as
established in Section 4.11(D) hereinabove.
K. Enforcement of Use of Public Streets and Public Ways. Through its
acceptance of this Agreement, Grantee agrees to comply with the provisions
of this Agreement, the Cable Communications Ordinance, and other
applicable ordinances, regulations, and codes of the Village regarding the
installation, maintenance, repair, excavation, and replacement of wires, cables,
conduit, pedestal boxes, vaults, and other appurtenances installed upon or
beneath the Public Streets and Public Ways belonging to the Village. The
Village shall have the right to enforce the Franchise Agreement, Cable
Communications Ordinance, and other appropriate ordinances, regulations,
and codes where the Village reasonably believes that Grantee has committed
a violation. This Section shall not limit the Village from providing to Grantee
a notice and opportunity to cure the violation when it is believed by the
Village that a violation has occurred.
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L. Village's Right to Install Fixtures on Grantee's Poles or Conduits. The Village
reserves the right during the life of this Franchise to install and maintain free
of charge upon or in the poles and conduits of the Grantee any wire and pole
fixtures necessary for municipal subsystems on the condition that such
installation and maintenance thereof does not interfere with the operation of
the Grantee.
SECTION 6.3 CABLE PROGRAMMING
A. Categories of service to be provided. Grantee shall provide on the Cable
System all Over- the -Air broadcast stations required to be carried by Federal
law or FCC regulations. Grantee shall provide a wide range and diversity of
programming for Subscribers residing within the Franchise Area. Categories
of programming comparable in quality, mix, and level to be provided by
Grantee to Subscribers shall include, but not be limited to,
1. Local, national and international news programs
2. Local and national sports and sporting events
3. Local, regional, and national weather
4. Educational programming
5. Children's programming
6. Music programming
7. Public Affairs programming
8. Movies
9. General entertainment programming
10. Cultural programming
11. Pay- Per -View programming
12. Financial and business - related programming
13. Local Origination programming
14. Home shopping programming
15. Broadcast stations.
Such aforementioned types of programming offered by Grantee in its Proposal
including planned Local Origination programming, is stated in Appendix B of this
Agreement.
B. Obscene or indecent programming. Grantee and all other Persons shall
comply with all Federal, State, and local laws and regulations concerning the
cablecasting of obscene or indecent programming.
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C. Interactive Home Services. Grantee may provide the following categories
of Interactive Home Services:
1. Home Shopping Services
2. Banking /Investing
3. Digital Video -On- Demand
4. Distance Learning Between Schools Serving the Regional Cable Group
Communities
5. Telecommuting
6. High -Speed Data
7. Interactive Programming Guide
8. Impulse Pay- Per -View
Grantee may provide these services within eighteen (18) months of the
Effective Date of the Franchise Agreement. Grantee shall not provide
interactive gaming services unless it has received permission from the Illinois
General Assembly, any other appropriate state regulatory agencies with
oversight over gaming, and the Village Board.
D. Allocation of Channel space. Grantee shall dedicate an amount of
uncompressed bandwidth on its Cable System at a minimum level of one (1)
analog Channel for Public Access Programming, two (2) analog Channels for
Educational Access programming, one (1) of which shall be dedicated
exclusively for the use of Harper College, and the other Channel dedicated
for use by School Districts, and one (1) analog Channel for Governmental
Access.
E. Public Access Programming. The Public Access Channel shall be made
available to the residents, organizations, and institutions of the Village
on a first -come, first - served, non - discriminatory basis, or where necessary, by
a scheduled time for use on a reservation basis, consistent with the goal of the
maximum availability of access. Charges for equipment, production, personnel,
and production of Public Access programming shall be reasonable and
consistent with the goal of affording Users a low -cost means of television
access. No charges shall be made for the production of live public access
programs not exceeding ten (10) minutes in length, or for the replay of User -
supplied tapes which are in a form compatible with the Grantee's playback
facilities which shall include compatibility with all consumer formats. The
Grantee shall adopt operating rules and regulations for the Public Access
Channel, and its studio, equipment, staff or related resources to be filed with
and approved by the Village prior to the activation of the Channel(s), designed
to prohibit the presentation of:
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any advertising material designed to promote the sale of commercial products
or services, lottery information, as well as rules requiring first -come non -.
discriminatory access, and rules permitting public inspection of a complete
record of the names and addresses of all Persons or groups requesting access
time. Such a record shall be retained for a period of two (2) years.
F. Educational Access Programming. The Educational Access Channel(s) shall
be made available for the use of Schools serving the Franchise Area free of
charge to such institutions. The Regional Cable Group may develop rules and
regulations for the use of Educational Access Channel space. The local
educational institutions shall cooperate in providing input to the Regional
Cable Group with regards to the usage and allocation of the Channel space.
Where charges or fees are required for such usage, the User shall be
responsible for the payment of such charges or fees as determined by the
Regional Cable Group.
G. Governmental Access Programming. The Government Access Channel(s) shall
be reserved for the use of the Village of Buffalo Grove, and such other unit
of local government as shall be designated by the Village free of charge.
Governmental Access Channel space shall be available to the Village of
Buffalo Grove, or its designees, for its exclusive use twenty -four (24) hours a
day. All Governmental Access Programming shall be provided to Subscribers
in each Franchise Area on Cable Channel six (6) in accordance with the
Grantee's current practice as of the Effective Date of this Agreement.
H. Local Origination Programming. The Grantee shall provide Local Origination
Programming on at least one (1) analog Channel as stated in its Proposal.
Grantee shall provide open captioning of Local Origination Programming in
accordance with its Proposal in cooperation with the Franchising Authority.
I. Exclusivity of Programming
In the event of such hardline cable television competition, the Grantee herein
agrees to allow the transmission of municipally produced programming on the
competitors cable television system. Local Origination and Public Access
services and programming provided by the Grantee shall be exclusive to the
Grantee's Subscribers and no re- broadcast shall be permitted on any additional
franchisee's systems without express written permission of the Grantee herein.
SECTION 6.4 STUDIO FACILITIES
A. As stated in its Proposal, Grantee shall continue to provide studio facilities
for Public Access and Local Origination studio Facilities within the corporate
limits of the Regional Cable Group member communities.
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B. Grantee shall provide studio enhancements to the Public Access studio based
on its Proposal. Furthermore, the studio, as referenced in the Proposal, shall
house the capital equipment as shown in Appendix C of this Agreement
entitled Regional Cable Group Access Capital. The Mobile Production Van
shall be available to qualified access Users. The Grantee shall establish
reasonable rules qualifying individuals for the use of the Mobile Production
Van.
C. Use of Access facilities. Use of facilities for Public Access upon the Cable
System shall be made available as provided herein under the conditions and
in the manner provided by rules required hereinbelow, in connection with the
production of that Public Access programming cablecast upon the system.
Grantee shall establish reasonable rules and procedures that are designed to
promote the utilization of such Public Access programming upon the system,
and subject to the approval of the Franchising Authority, which approval shall
not be unreasonably withheld, whereby the Grantee shall accept and cablecast
such Public Access programming as described in Section 6.3 (F) upon the
system as shall be provided to the Grantee by all Persons and entities who
either live or work within the boundaries of the Regional Cable Group.
1. The Grantee shall allow all residents of the member Regional Cable
Group communities and employees of not - for - profit agencies serving
the Regional Cable Group communities desiring to cablecast Public
Access programming to play such programming upon the Cable System
of the Grantee. Only those Persons described above who have been
certified by the Grantee through its training courses may produce such
programming. The Grantee shall have available access studio facilities
and related television equipment for production, cablecasting, editing,
and playback, including automated playback, as referenced hereinabove.
The Grantee shall not enter into any contract, arrangement, or lease
for use of its cablecast equipment which prevents or inhibits the use of
such equipment for a substantial portion of time for Public Access
programming.
2. In determining the decision to cablecast said programming deriving
from Riblic, Educational, or Governmental Access, a Grantee shall
have no control over the content of access cablecast programs, except
that control granted it by the Cable Act, as now or hereinafter
amended, or by any successor provisions, and by applicable FCC
regulations or court decisions regarding programming content, however,
this limitation shall not prevent Grantee from taking appropriate steps
to insure compliance with the operating rules described herein. Failure
to comply with such operating rules shall constitute a violation of this
Agreement.
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3. Public Access facilities shall be operated in a manner consistent with
the principles of fairness and equal accessibility of its facilities,..
equipment, Channels, studios, and other services to citizens, public
agencies, or other such entities within the community having a
legitimate use for access facilities; and no one described in Paragraph
C(1) hereinabove shall be arbitrarily excluded from their use; provided,
however, that Grantee may exclude Persons who neither reside nor
work within the boundaries of the Regional Cable Group communities;
allocation of use of said facilities shall be made according to the rules
or decisions of Federal or State regulatory agencies affecting the same,
and where such rules are not effective to resolve a dispute between
conflicting Users or potential Users, the matter shall be submitted for
resolution by the Franchising Authority. Access facilities shall be made
accessible to persons with disabilities as required by the Americans
With Disabilities Act, as now or hereinafter amended, or by any
successor provision.
4. Staffing. Grantee shall sufficiently staff its access facilities to teach
classes, manage day -to -day operations, and maintain equipment, while
assisting access Users. Access efforts will be adequately supervised.
5. Hours of Operation. Grantee shall operate its access facilities
from 9 AM to 9 PM, Monday through Thursday, and 9 AM to 4 PM
on Friday, with additional hours of 9 AM to 4 PM on Saturday.
6. Training. Grantee shall provide training to Users of the Access
Channels, the studio and its equipment and facilities. Grantee shall
provide a defined training curriculum and may base its training
schedule on the level of demand by potential Access Users. Grantee
may establish rules and regulations governing training of Access Users.
Grantee shall teach a minimum of six (6) access classes per year at a
charge not to exceed Thirty Five Dollars ($35.00) per curriculum to
certify community members in the art of access production.
Additional classes will include advanced editing classes, advanced
portapak classes, and mobile production classes.
7. User Groups. Grantee shall cooperate with Public, Educational and
Governmental Access Users.
8. Maintenance. Grantee shall perform regular maintenance and expedite
repair on all equipment for its Public Access studios. Such maintenance
shall include an equipment maintenance schedule, and recordkeeping
of maintenance activity.
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Grantee will provide to the Regional Cable Group upon request by any
of its member communities, a report on equipment breakdowns and
down -time of said equipment, which report shall include efforts made
by the Grantee to repair same and reduce down -time. Failure to
provide said report or to reasonably and adequately repair equipment
breakdowns or down -time of said equipment shall be deemed a
violation of this Agreement.
9. Promotion. Grantee shall continue to utilize cross - Channel
promotional spots, bill messages, and other written and video media
to effectively promote Public Access and Local Origination
programming. Grantee shall continue to provide an access newsletter
within the Franchise Area and work in concert with the Franchising
Authority to identify and implement additional distribution methods.
The Regional Cable Group shall discuss with Grantee at least annually
to review promotional activities and determine methods by which
increased promotion may lead to greater use of Public, Educational,
and Governmental Access facilities and programming.
1. D. Access Facilities for Governmental and Educational Access
1. Upon request, Grantee shall agree to purchase and install the
equipment listed in Appendix D, entitled Regional Cable Group
Community Access Incremental Capital Investment for the Village to
assist with its specific access and governmental needs or other
equipment as agreed upon between the parties.
2. Grantee shall provide open- captioning equipment for its Governmental
Access facilities consistent with its Proposal.
3. Access Facilities and Services In Lieu of Requirements Herein.
Franchising Authority, at its option, may require the Grantee to provide
the Village a sum of no less than eighty -two thousand dollars
($82,000.00) based upon the Regional Cable Group's estimated per
community cost for the equipment listed in the Community Access
Incremental Capital Investment Section of its Proposal.
E. Leased Access Channel
Grantee shall provide Leased Access bandwidth capacity consistent with FCC
rules.
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SECTION 6.5 INSTITUTIONAL NETWORK
A. Establishment. Grantee shall continue to provide a separate network
dedicated for the exclusive use of the Franchising Authority, Village
departments, Schools, libraries, Park Districts, and Not - For - Profit institutions
serving the Franchise Area. Such network shall be referred to herein as the
Institutional Network (I -Net). Grantee shall continue its I -Net connection to
the Cable System operated by Tele - Communications, Inc. (TCI) based in
Mount Prospect, Illinois.
1. Grantee will provide I -Net installations for all municipal, Park District,
School and other facilities owned by units of local government. Future
I -Net Users located within the Franchise Area shall be installed in the
same fashion as the existing I -Net Users.
B. System Design. The I -Net shall be upgraded to a fiber -optic based topology
which will allow for enhanced uses of data, video, voice, multimedia
transmission, and for Internet access. The I -Net shall be designed in a "star"
configuration to allow for the placement of optical transition nodes at key
locations in the Franchise Area. The I -Net shall continue as a mid -split system,
which shall provide a minimum of forty-six (46) downstream Channels and
seventeen (17) upstream Channels as described in its Proposal. Grantee shall
use state -of -the -art connectors and construction standards and practices in
excess of normal in order to mitigate the effects of temperature variation on
the coaxial portion of the I -Net. Where Grantee proposes a deviation from the
I -Net path shown for the Franchise Area in its Proposal, Grantee shall notify
the Franchising Authority of such deviation and provide the reason therefore.
1. Grantee shall connect the I -Net to Northwest Central Dispatch facilities
in order to facilitate direct communication over the I -Net between
public safety units of the Franchising Authority and Northwest Central
Dispatch.
C. Bandwidth Capacity. The Grantee shall initially provide bandwidth capacity
at a level of 450 MHz with expansion capacity to 750 MHz. Grantee shall
increase bandwidth capacity to 750 MHz upon agreement between the
Regional Cable Group and the Grantee when both determine that an increase
in bandwidth capacity is justified. Grantee shall enable the availability of
additional bandwidth through the use of frequency -agile tuners as stated in its
Proposal.
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D. Transmission Speed. The I -Net shall be capable of transmission speeds of up
to 45 Megabytes per second (Mbps). When the I -Net is able to utilize cable
modem technology, the Grantee shall indicate to the Regional Cable Group
if the I -Net is capable of higher transmission speeds beyond 45 Mbps, and
shall indicate the optimum and maximum transmission speeds of the I -Net.
E. Equipment Replacement. Grantee shall replace the Franchising Authority's
older Zenith Z -LAN and ChannelMizer units with HomeWorks Universal
modules and newer Zenith units which incorporate frequency -agile tuners and
can be upgraded through chip and software replacement as stated in
Continental Cablevision's Proposal. In addition, Grantee shall, within eighteen
(18) months of the Effective Date of this Agreement, deploy automatic gain
control and status monitoring equipment to the I -Net in order to allow
monitoring of system operability and aid in diagnosis of cable related
problems.
F. Maintenance. Grantee shall maintain the I -Net system on a regular basis to
include sweeps of the system on no less than an annual basis. Such sweeps and
associated tests shall examine amplifier balance, carrier -to -noise levels, signal
leakage, a physical inspection of the plant, signal levels and voltages, hum
modulation, and composite- triple beat measurements. Grantee, the Franchising
Authority, and the I -Net User group shall cooperate in conducting Bit Error
Ratio testing on an annual basis. Where Grantee does not employ its own staff
to conduct system maintenance, Grantee shall engage qualified engineering
personnel experienced in Institutional Network maintenance to "provide such
services.
G. I -Net User Group. Grantee shall substantively participate in an I -Net User
group which may be comprised of representatives from local governmental
entities, Schools, Park Districts, libraries, and other institutions using the I -Net.
The I -Net User group shall be a collaborative effort among all of the Regional
Cable Group communities, including the Franchising Authority. .
H. Assistance to Users and Repair Procedure. Grantee, either through its own
staff, or through its contractor, shall establish a 24 -Hour per day, 7 -Day per
week assistance service (hereafter the "Service Desk ") or as modified between
the Grantee and the Regional Cable Group to assist I -Net Users in identifying
and solving I -Net problems, provide technical support, and schedule repairs
where necessary, in accordance with Grantee's Proposal.
I. Future Growth. Where growth of the I -Net exceeds the capacity of the
existing network, Grantee shall examine the feasibility of providing an optical
( overlay network based upon its projection of growth and technical
`'`- requirements necessary for service to end Users.
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Where such provision of an optical overlay is being contemplated, Grantee
shall notify the Franchising Authority and the I -Net User group that such
overlay network is under consideration or planned for implementation.
SECTION 6.6 SERVICE TO PUBLIC FACILITIES
A. Grantee shall provide, without charge, Subscriber cable connections and
service to each fire station, School, police station, public library, government
building, and such other buildings used for governmental purposes as may be
designated by the Franchising Authority in Appendix E of this Agreement.
B. Grantee shall provide, at no charge, one (1) Cable System drop and outlet to
each public, private, and parochial School building in a manner that will allow
for cable television reception in classrooms designated by each School, and
for provision of reception in non - public areas of each School as so designated
by each School. If, upon request, a School desires installation of a number of
outlets beyond the number initially installed, Grantee may charge each School
for an amount up to the actual cost for labor and materials necessary for
providing adequate Cable System wiring.
C. Grantee shall provide not less than one (1) Cable System drop and outlet at
the Village Hall, School buildings, government buildings, and public
institutions designated by the Village in Appendix E of this Agreement.
Grantee shall provide a Cable System connection free of charge, however,
• Grantee may charge the Village for the labor and materials cost of any non-
standard Installation of more than one hundred twenty -five (125) feet to any
Village building.
D. Grantee shall provide Schools with Interne`: access within twelve (12) months
from the date it becomes commercially available within the community.
SECTION 6.7 TESTS AND PERFORMANCE MONITORING
A. Not later than ninety (90) days after any new or substantially rebuilt portion
of the system is made available for service to subscribers, technical
performance tests shall be conducted by - -le Grantee to demonstrate full
compliance with the Technical Standards applicable pursuant to Section 6.1
(G) of this Agreement and Section 6.4 ;D),(K), and (0) of the Cable
Communications Ordinance. Such tests shr:111 be performed by or under the
supervision of a qualified engineer or an a lgineer with proper training and
experience. Upon request, a copy of the --port shall be submitted to the
Franchising Authority describing test results, instrumentation, calibration and
test procedures, and the qualifications of the engineer responsible for the tests.
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B. At any time after commencement of service to Subscribers, the Franchising
Authority may require additional reasonable tests, including full or partial
repeat tests, different test procedures, or tests involving a specific Subscriber's
terminal, at the Grantee's expense to the extent such tests may be performed
by the Grantee's employees utilizing its existing facilities and equipment;
provided, however, that the Franchising Authority reserves the right to conduct
its own tests upon reasonable notice to the Grantee. The Franchising
Authority will endeavor to arrange its request for such special tests so as to
minimize hardship or inconvenience to Grantee or to the Subscriber.
SECTION 6.8 CUSTOMER SERVICE
A. Local Facility. Grantee shall maintain a facility within the Franchise Area for
the purpose of accepting bill payments. Grantee shall continue to maintain its
customer service office at location within the Regional Cable Group
communities which shall be staffed by skilled customer service representatives
and service technicians. The facility shall accept bill payments, respond to
repair, Installation, reconnection, disconnection, or other service calls,
distribute or receive Converter boxes, remote control units, modems,
equipment for digital stereo service, or other related equipment, and for
receiving Cable Service inquiries. The hours of operation for the facility shall
be those set forth in Grantee's Proposal. The hours of operation for any bill
payment facility within the Franchise Area shall be, at minimum, 9:00 AM to
5:00 PM, Monday through Friday, and 9:00 AM to 3:00 PM on Saturday. Such
facility shall be available for bill payment until 7:00 PM on at least one
weekday. Grantee may, at its option, include secured collection boxes for the
receipt of bill payments at its facility.
B. Solicitation of Subscribers. Nothing shall prohibit Grantee from soliciting
subscriptions prior to commencement of operation of service within portions
of the Franchise Area which do not have Cable Service, provided that each
such potential Subscriber is advised in writing:
1. That Cable Service is not immediately available;
2. Of a reasonable estimate of time when the Cable Service will
commence operation;
3. That such Subscriber may cancel his or her subscription at any time
prior to the commencement of service and thereby accrue no charge
or penalty and that deposits, if any, shall be refunded within thirty (30)
calendar days.
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Grantee shall provide to the Franchising Authority all solicitation materials
received by a Subscriber in the solicitation or education of potential or current
Subscribers.
C. Customer Appointments. Grantee shall establish two -hour appointment
windows for all field transactions, including visits and service calls to customer
residences. The two -hour window will be applied over a seven -day work week.
Where Grantee is unable to meet the two -hour appointment window, the
Grantee shall provide a credit based upon the provisions of Section 6.8
of this Agreement. Grantee, or its agents or designees, shall not cancel an
appointment with a customer after the close of business on the business day
prior to the appointment. During Grantee's hours of business, a representative
of the Grantee shall contact a customer in the event that a service repair
technician or other representative of the Grantee is running late for an
appointment and will be unable to keep the scheduled appointment time.
Grantee or his representative shall reschedule the appointment, as necessary,
at a time which is convenient to the customer.
D. Credits for missed service appointments. Consistent with the cable television
industry policy of on -time guarantees, the Grantee shall issue a credit if the
Grantee's technician is unable to make a scheduled service call appointment
or is unable to complete a scheduled service call due to a late arrival. This
Section shall not limit or prohibit Grantee from providing other credits or
refunds for missed service appointments in excess of those described
hereinabove as a part of its corporate policy or participation in a promotional
activity which pertains to the provision of on -time service appointments.
E. Credits for Outages or Interruptions of Service. Grantee shall provide a credit
for lost Cable Service due to an outage or interruption of Cable Service lasting
at least four (4) or more hours. Credits shall be applied to the Subscriber's
monthly bill. Loss of service shall include, but not be limited to, loss of cable
audio or video service from the cable to the Subscriber's television set,
Converter box failure or failure from similar devices which provide Cable
Service to the Subscriber's television set, or failure of a digital stereo unit or
cable modem which prevents the Subscriber from receiving stereo music or
on -line service access. Where the Grantee is aware that an outage or an
interruption in Cable Service has been encountered by the Subscriber, the
credit shall be granted automatically to the Subscriber.
F. Complaint Resolution Procedure. Grantee shall follow its proposed customer
service procedures as stated in its Proposal. Where a dispute with a customer
cannot be satisfactorily resolved without outside intervention, Grantee shall
Cvoluntarily enter into the Better Business Bureau's Mediation Program.
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In the event that the dispute cannot be handled through the mediation
program, the Franchising Authority may intervene to resolve the dispute.
G. Communications to Subscribers. Grantee shall provide at the time of
Installation, and at least annually, when there is a change to information
provided Subscribers, and upon request by a Subscriber, that information
which is required to be provided under Section 6.9 (A)(1 -6) of the Cable
Communications Ordinance along with the Grantee's policies for disconnection
and reconnection of Cable Service.
H. Telephone Service. Grantee shall provide a listed local or toll -free telephone
number available to Subscribers and employ an operator or maintain a
telephone answering service twenty -four (24) hours per day, each day of the
year, to receive Subscriber complaints and to dispatch assistance in the case
of any emergency or major system malfunction affecting a number of
Subscribers. Said telephone service shall be staffed by trained Customer
Service Representatives (CSR) who shall be available to respond to customer
telephone inquiries during Grantee's hours of business operation as
determined hereinbelow.
1. Grantee shall, under normal operating conditions, answer telephones
staffed by CSRs, or through a service or automated response system,
within thirty (30) seconds, including wait time, from when the
connection is made. If the call needs to be transferred, transfer time
shall not exceed ninety (90) seconds. These standards stated herein
shall be met no less than ninety percent (90 %) of the time as measured
on a monthly basis under normal operating conditions. Grantee shall
follow the definition for normal operating conditions as established by
the FCC under the U.S. Code of Federal Regulations, Title 47, Section
76.309(c)(4)(ii).
2. Grantee shall, under normal operating conditions, assure that the
customer obtain a busy signal no more than three percent (3 %) of the
time as measured on a monthly basis.
3. Incoming telephone calls from Subscribers to the Grantee shall not
exceed an abandonment rate of five percent (5 %) as measured on a
quarterly basis.
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I. Service and Repair Calls. Grantee shall establish a maintenance service
capable of identifying, locating and correcting major system malfunctions
in an expeditious manner. Said maintenance service shall be available on a
twenty -four (24) hour basis, seven (7) days a week to restore service of the
Cable System to Subscribers in the event of significant deficiencies or failure
of the Cable System.
1. Excluding conditions beyond the control of the Grantee, Grantee shall
begin working on complaints, requests, and interruptions to Cable
Service promptly, and in no event shall the response time for calls
received after 7:00 AM exceed twelve (12) hours. The Grantee shall
begin action to correct service calls, requests, interruptions, and other
service problems as soon as practicable, but no later than twenty -four
(24) hours after the call is received, or as agreed to by the customer.
2. Grantee shall immediately initiate action for any outage affecting three
(3) or more Subscribers who receive services from the same trunk or
feeder line. Restoration of the Cable System from a condition of outage
shall be completed as promptly as is feasibly possible, but in no
situation longer than twenty -four (24) hours after notice without the
express authorization of the Franchising Authority.
3. An outage affecting three (3) or more Subscribers in a multi - family
Dwelling Unit served from the same Cable System tap shall be
corrected in the same manner as stated hereinabove.
4. Upon completion of a service call, Installation, or Installation- related
activity, the customer shall receive a notification of the service call. The
Grantee may either leave a notification attached to the front door of
the customer's premises or send a report of the service call. Grantee
may send this report by United States mail within fourteen (14) days
of the service date if the customer is not present at the time of the
service call.
J. Identification of customer service representatives and technicians.
1. Upon telephone contact by a customer, customer service representatives
of the Grantee shall identify themselves by first name. Technicians
representing the Grantee or his contractors or subcontractors shall wear
a company uniform or carry a company identification badge to be
shown upon request.
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2. Technicians of the Grantee and his contractors or subcontractors shall
identify vehicles used for technical service with the name of the
Grantee or contractor or subcontractor of the Grantee. Where
practicable, vehicles belonging to the contractor or subcontractor shall
also be identified with the Grantee's name. The type of identification
need not be of a permanent nature.
K. Installation of Service: Upon request for Installation of Cable Service by a
Subscriber, Grantee shall respond to the Installation request within twenty -four
(24) hours, but in no case later than seven (7) calendar days from the time
when the request was received in accordance with its Proposal. If the Grantee
determines that the Installation is a non - standard Installation requiring the
erection or burial of more than one hundred twenty -five (125) feet of cabling,
or the Installation requires traversing of adverse terrain, Grantee may, with
advance notice to the Subscriber, extend the period for Installation. For the
purposes of this Section, the term "Adverse Terrain" shall mean terrain which
is unusually steep, rocky, swampy, or heavily forested.
L. Disconnection of service:
1. A Subscriber shall have the ability to disconnect his service at any time
at no charge. The Grantee shall cease charging for the Subscriber's
service after forty -eight (48) hours of notification to the Grantee of the
request for disconnection.
2. A Subscriber shall not be disconnected if the status of his account is
in dispute, and notice is given by the Subscriber to the Grantee in
writing that the status of his account is in dispute, and the Grantee and
the Subscriber are working to resolve the amount in dispute. If no
resolution is reached within sixty (60) days, Grantee may disconnect the
Subscriber.
M. Burial of Subscriber Drops. Temporary Subscriber Drops shall be buried
within fourteen (14) days from the date of Installation if the date of
Installation falls between March 15 and December 1. If the date of Installation
falls between December 1 and January 15, temporary Subscriber Drops shall
be buried within Ninety (90) days. If the date of Installation falls between
January 15 and March 15, temporary Subscriber Drops shall be buried
within sixty (60) days. The Grantee may postpone the date of burial
beyond the timeframes stated herein if permission is received by the Grantee
from the Franchising Authority to postpone burial.
N. Promotional Materials. Grantee shall file with the Franchising Authority a
copy of all local promotions not later than the date of mailing to Subscribers.
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O. Changes in Service. If the Grantee changes its video programming services,
Grantee shall provide the Franchising Authority with thirty (30) days advance
written notice of any change in Channel assignment or in the video
programming services as required by this Agreement.
P. Use of the Franchise Area as a "Test -Bed" For New Programming or Services.
Grantee may use the Franchise Area as a "Test -Bed" for new programming,
products, or services offered to Subscribers during the life of the Franchise.
Where possible, the Franchising Authority or the Regional Cable Group shall
encourage the Grantee to utilize all or part of the Franchise Area for such
"Test -Bed" programs, products, or services.
Q. Protection of Privacy. The Grantee shall comply with all applicable local and
State laws, rules and regulations concerning consumer privacy, and shall fully
comply with Federal laws concerning consumer privacy as expressed in Section
631 et. seq. of the Communications Policy Act of 1934, as now or hereinafter
amended, or by any successor provision.
SECTION 6.9 MOST FAVORED NATIONS CLAUSE
If the Grantee offers any additional programming or services above and beyond those
provided for herein to any other Village or City within the Regional Cable Group
boundaries, Grantee shall immediately offer the same service to the Village /City.
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SECTION 7.1
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ARTICLE 7
GENERAL PROVISIONS
MODIFICATIONS TO COMMUNICATIONS AND CABLE ACTS
In the event that the Communications Act of 1934, the Cable Communications Policy
Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992,
or the Telecommunications Act of 1996 are modified or amended in any manner that
is mandatory, or the FCC modifies or alters any of its regulations pertaining to cable
television which may affect any provision(s) of this Franchise Agreement, such
provisions shall remain in effect until the effective date of such modifications,
amendments, or alterations. The Franchising Authority and Grantee, upon notice that
said modifications, amendments, or alterations may affect any provision(s) of this
Agreement and prior to the effective date of said modifications, amendments, or
alterations, or as soon thereafter as practical, shall meet in good faith to amend this
Franchise Agreement accordingly.
SECTION 7.2 REVOCATION
The Franchising Authority reserves the right to revoke this Franchise Agreement and
all rights and privileges of the Grantee in the event of a Material Breach of its terms
and conditions. In interpreting the Franchise Agreement, material provisions shall
include all labeled as such and all others, which under the circumstances indicated,
constitute a significant portion of this Franchise Agreement. A Material Breach by
Grantee shall include, but is not limited to, those infractions so indicated in Section
4.6(A)(1 -7) of the Cable Communications Ordinance.
SECTION 7.3 RIGHTS AND REMEDIES
A. All rights and remedies given to the Village and Grantee by this Agreement
shall be in addition to and cumulative with any and all other rights and
remedies existing or implied, now or hereafter available to Village or Grantee,
at law or in equity, and such rights and remedies shall not be exclusive, but
each and every right and remedy specifically given by this Franchise
Agreement may be exercised from time to time and as often and in such order
as may be deemed expedient by Village or Grantee and the exercise of one
or more rights or remedies shall not be deemed a waiver of right to exercise
at the same time or thereafter any other right or remedy. No delay or omission
of Village or Grantee to exercise any right or remedy, nor any such delay or
omission shall be construed to be a waiver of or acquiescence of any default.
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CB. In the event of a sale of the Cable System by Grantee, Village shall retain the
right of first refusal for the purpose of purchasing, at a Fair Market Value as
a going concern. Where the Fair Market Value cannot be determined, such
price shall be determined by a panel of arbitrators who are professional Cable
System valuators whose valuations have resulted in the sale of Cable Systems,
which panel may be requested by either the Village or the Grantee no sooner
than ninety (90) days after notice that the Village desires to purchase the
system. The panel shall be composed of one arbitrator chosen by the
Village, one arbitrator chosen by the Grantee, and a third arbitrator chosen
by the first two. The expenses of the arbitration, including the fees of the
arbitrators, shall be borne by the parties in such manner as the arbitrators
provide in their decision. The determination of a majority of the arbitrators
shall be binding on the parties only as to the value of the Cable System. The
arbitrators shall follow the rules and procedures of the American Arbitration
Association except where in conflict with an express provision of this
Agreement. The arbitration hearing shall take place in Cook County as the
Village shall determine unless otherwise agreed to by all parties in writing.
Unless some later date is agreed to by the Grantee, the Village shall exercise
its right within one hundred twenty (120) calendar days from the date of
notification of sale of the Cable System by Grantee. Upon determination by
the Village that it intends to purchase the assets of Grantee's Cable System,
the Village shall notify the Grantee by Certified United States Mail of its
desire and intent to acquire the assets of the Cable System from the Grantee.
SECTION 7.4 LIQUIDATED DAMAGES
A. By acceptance of the Franchise, the Grantee agrees that failure to comply with
time and performance requirements detailed below,
will result in damage to the Village, and that it would be
impracticable to determine the actual amount of such damage in the event of
delay or nonperformance; therefore, a provision for liquidated damages to be
paid by the Grantee is created herein, in amounts set forth herein and
chargeable to the Security Fund created hereinabove.
B. If the Village concludes that a Grantee is liable for Liquidated Damages
pursuant to this Section, it shall issue to Grantee, by certified United States
mail, a notice of intention to assess Liquidated Damages. The notice shall set
forth the assessment and shall inform the Grantee that Liquidated Damages
will be assessed from the date of the notice unless the assessment notice is
appealed for hearing before the Village Board and the Village Board rules
that the violation did not occur or that an extension of time or other relief
should be granted.
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Should Grantee desire a hearing notice before the Village Board, it shall send
a written notice of appeal by Certified United States mail to the Village within
fifteen (15) calendar days of the date on which the Franchising Authority sent
the notice of intention to assess Liquidated Damages. Such notice of appeal
shall contain a brief statement of Grantee's basis for appeal. The hearing on
Grantee's behalf shall be within forty (40) calendar days of the date on which
the Franchising Authority sent the notice of intention to assess Liquidated
Damages penalties. Unless the Village Board indicates to the contrary, said
Liquidated Damages shall be assessed beginning with the date on which the
Franchising Authority sent the notice of intention to assess Liquidated
Damages and continuing thereafter until such time as the violation ceases as
determined by the Franchising Authority.
C. The following schedule of time and performance requirements and the
applicable Liquidated Damages shall apply to the Grantee for such violations
which will be payable to the Franchising Authority in the following amounts:
1. For failure to substantially complete Cable System upgrade in
accordance with the provisions of the Agreement and the Cable
Communications Ordinance, unless the Franchising Authority approves
the delay or such delay was unavoidable under Section 7.9 of this
Agreement, the amount shall be $500.00 per occurrence per day.
2. For failure to obtain a permit where construction, reconstruction, or
relocation of the Cable System or its components within the Public
Streets or Public Ways of the Village is undertaken, the amount shall
be $25.00 per occurrence per day. .
3. For failure of the Grantee to comply with construction, operation, or
maintenance standards for the Cable System or the Institutional
Network, the amount shall be $200.00 per occurrence per day, unless
the Franchising Authority approves the delay or unless such delay was
made unavoidable under Section 7.9 of this Agreement.
4. For failure to provide customer services as stated under Section 6.8
of this Agreement, the amount shall be $25.00 per occurrence per day.
5. For failure to test, analyze, and report on the performance of the Cable
System or the Institutional Network following a request by the
Franchising Authority, the amount shall be $100.00 per occurrence per
day.
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6. For failure to provide data, documents, reports, or information, or to
cooperate with the Franchising Authority during a performance review
of the Cable System or Institutional Network, or during a Franchise Fee
Audit or Agreed -Upon Procedures evaluation, the amount shall be
$100.00 per day.
7. For failure to submit timely reports under this Agreement and the
Cable Communications Ordinance, the amount shall be $100.00 per
day.
D. Procedure. Whenever the Franchising Authority finds that Grantee has
violated one (1) or more terms, conditions, or provisions of the Franchise
Agreement or Cable Communications Ordinance as detailed above, a written
notice shall be provided by the Franchising Authority to the Grantee informing
it of such violation or violations. The written notice shall describe, in
reasonable detail, the specific violation so as to afford Grantee an opportunity
to cure or initiate curative action with respect to the violation. Grantee shall
have seven (7) calendar days subsequent to receipt of the notice in which to
correct the violation before the Village may draw the Liquidated Damages
from the Security Fund established hereto. Grantee may notify the Franchising
Authority within seven (7) days of receipt of notice that there is a dispute as
to whether a violation or failure has, in fact, occurred. Such notice shall stay
the running of the above seven (7) day period and such notice shall specify,
with particularity, the matters disputed by Grantee.
1. In the event that the Franchising Authority and Grantee are unable to
resolve the dispute after reasonable time period through informal
negotiation not to exceed sixty (60) days, the matter shall then be heard
by the Village Board at the next regularly scheduled Village Board
meeting held not less than ten (10) days after the passage of the seven
(7) day period detailed above and either party terminating their
conferences in writing. The Franchising Authority shall notify the
Grantee of the time and place of the Village Board meeting and
provide the Grantee with an opportunity to be heard.
2. If, after hearing the dispute, the claim is upheld by the Franchising
Authority, the Franchising Authority shall provide Grantee with written
findings of fact and its decision relating thereto. Grantee shall have
seven (7) calendar days to comply with such decision unless an
extension of time is mutually agreed upon by the Franchising Authority
and Grantee. At any time after that seven (7) day period, the
Village may draw upon the Security Fund all Liquidated Damages due.
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E. Remedies. Except where liquidated damages would apply, no provision of
this Agreement shall be deemed to bar or otherwise limit the right of the
Franchising Authority to seek or obtain judicial relief for a violation of the
Franchise Agreement. Further, neither the existence of other remedies
identified in this Agreement or applicable Ordinances, nor the exercise
thereof, shall bar or otherwise limit the right of the Franchising Authority to
recover monetary damages or seek judicial enforcement of the Grantee's
obligations by any means available through law or equity as a result of
Grantee's violation of this Agreement or said Ordinances.
1. The Franchising Authority retains the right, at its sole discretion to
reduce or waive any of the above listed damage amounts where
extenuating circumstances exist or conditions beyond the control of the
Grantee are found to exist. Such determination of the existence of
extenuating circumstances shall be made after reasonable conference
between the Grantee and Franchising Authority.
2. Any waiver shall only be applicable to that specific instance and shall
not be construed as a general waiver of remedies. Such waiver must be
in writing and served as provided for service of notice in this
Agreement.
3. The Village retains the right to revoke Grantee's Franchise in such
cases where a Liquidated Damage or violation of the Franchise occurs
and remains unremedied for a period of thirty (30) calendar days
without the Grantee having advised the Franchising Authority of the
reason for such extended delay.
4. Exclusive of the Liquidated Damages provided hereinabove, each
violation for any other provision of the Franchise Agreement shall be
considered a separate violation for which any remedy available at law
or in equity may be imposed.
SECTION 7.5 RIGHTS AND POWERS RESERVED BY VILLAGE
A. Telecommunications Franchise. As stated above in Section 3.1, due to the
current status of the law in the area, each party reserves any and all rights they
currently possess regarding the providing of telecommunications services via
a cable television Franchise Agreement. The Franchising Authority reserves
the right to require an additional telecommunications Franchise in order for
the Grantee herein to provide telecommunications services and the Grantee
herein retains any rights it may have regarding its ability to provide
telecommunications services under its cable television Franchise.
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B. Public, Educational, and Governmental and Institutional Network Services.
The parties herein acknowledge the Grantee's rights under the Cable Act, as
amended and subsequent FCC rulings and regulations. regarding the
Institutional Network (I -Net) and for provision of Public, Educational, and
Governmental (P.E.G.) programming.
C. Neither the granting of the Franchise nor any provision governing the
Franchise shall constitute a waiver or bar to the exercise of any governmental
right or power of the Village.
D. The Village shall have the right to intervene in any act or other proceeding
to which the Grantee is a party, in accordance with applicable law or
regulation. The Grantee specifically agrees by its acceptance of the Franchise
not to oppose such intervention by the Village.
E. The Village reserves every right and power which is required to be reserved
or provided by an ordinance of the Village, and the Grantee by its acceptance
of this Franchise, agrees to be bound thereby and to comply with any action
or requirements of the Village in the exercise of such rights and powers which
have been or may be enacted or established.
SECTION 7.6 FAILURE TO ENFORCE FRANCHISE
The Grantee shall not be excused from complying with any of the terms and
conditions of this Franchise by any failure of the Village upon any one or more
occasions, to insist upon the Grantee's performance or to seek Grantee's compliance
with any one or more of such terms or conditions.
SECTION 7.7 SERVICE OF NOTICE
A. For purposes of this Franchise Agreement, Grantee authorizes and appoints
Continental Cablevision of Northern Illinois, Inc. with offices located at 688
Industrial Drive, Elmhurst, Illinois 60126 to act as its registered agent and
represents to the Franchising Authority that such agent is authorized to accept
notice and service on its behalf.
B. Grantee shall notify the Franchising Authority in writing, thirty (30) days in
advance, of am, change in the registered agent or representative(s) referenced
hereinabove and provide information regarding any change upon request by
the Franchising Authority.
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C. Any notice or service served upon Grantee's registered agent shall also be
provided to the Government Affairs representative as specified below. All
notices or other written communications required to be provided to
Franchising Authority or Grantee under any provision of this Agreement, shall
be deemed to be received by the recipient thereof only when said notices or
other written communications are actually received in the office of the
recipient at the following addresses:
Franchising Authority: Office of the Village Manager
Village of Buffalo Grove
50 Raupp Boulevard, Buffalo Grove, Illinois 60089
Grantee: General Manager
Continental Cablevision of Northern Illinois, Inc.
688 Industrial Drive
Elmhurst, Illinois 60126
Vice - President of Governmental Affairs
Continental Cablevision of Northern Illinois, Inc.
688 Industrial Drive
Elmhurst, Illinois 60126
SECTION 7.8 ORAL MODIFICATION
This Franchise Agreement shall not be changed, modified, or amended in whole or
in part except in writing and signed by all the parties.
SECTION 7.9 FORCE MA.TEURE
Except as provided in Section 6.1 (F) hereof, whenever a period of time is provided
for in the Cable Communications Ordinance or this Franchise Agreement, for either
the Village or the Grantee to do or perform any act or obligation, neither party shall
be liable for any 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 jurisdiction, any act of
God, failure of a utility provider to provide pole attachments on reasonable terms
or conditions therefore, or any cause beyond the control of said party. In such event,
said time period shall be extended for the amount of time said party is so delayed.
An act or omission shall not be deemed to be beyond a Grantee's control if
committed, omitted, or caused by a corporation or other business entity which holds
a controlling interest in the Grantee, whether directly or indirectly. Further, the
failure of a Grantee to obtain financing shall not be an act or omission which is
beyond the control of the Grantee.
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SECTION 7.10 TIME IS OF THE ESSENCE OF THIS AGREEMENT
Whenever this Franchise Agreement sets forth any time for any act to be performed
by the Grantee, such time shall be deemed of the essence and the Grantee's failure
to perform within the time allotted shall, in all cases, be sufficient ground for the
Franchising Authority to invoke an appropriate remedy or penalty available under
the terms and conditions of the Cable Communications Ordinance and the Franchise,
including the possible revocation of the Franchise.
SECTION 7.11 WAIVER
The Franchising Authority may, on its own motion, or at the request of Grantee for
good cause shown, waive any requirement of this Agreement.
SECTION 7.12 SEVERABILITY
If any provision of this Franchise Agreement or the particular application thereof
shall be held invalid by any federal or state law, ordinance, or regulation, or by any
ruling or directive by any administrative agency, regulatory body or court of
competent jurisdiction, the remaining provisions and their application shall not be
affected.
SECTION 7.13 DELEGATION OF POWERS
Any right, power or duty of the Village, the Franchising Authority, or any official
of the Village, under this Agreement may be transferred or delegated by ordinance,
resolution, or other appropriate action of the Village, to an appropriate officer,
employee, or department of the Village, or any other legal authority, including any
intergovernmental agency created for the purpose of regulating the operation and
development of the Cable System.
SECTION 7.14 OBLIGATIONS TO CONTINUE THROUGHOUT TERM
Unless otherwise specifically stated, all obligations under this Franchise Agreement
shall continue throughout the entire term or extension of this Franchise Agreement.
SECTION 7.15 HEADINGS
The headings used in this Agreement are for convenience of reference only and shall
not affect the construction of this Franchise Agreement.
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SECTION 7.16 GOVERNING LAW
This Franchise Agreement shall be governed insofar as applicable with the laws of
the State of Illinois. Where federal jurisdiction applies, this Franchise Agreement
shall be governed by the applicable laws and agencies of the United States
Government.
Accepted By:
Continental C blevisio of Northern Illinois, Inc.
BY:
TITLE:
DATE: s/Z O 2
Village of
BY:
TITLE:
DATE:
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APPENDIX B
CONTINENTAL CABLEVISION PROPOSAL TO THE REGIONAL CABLE GROUP
PROPOSAL FORM I -1 -- PROPOSED PROGRAMMING
FORM 1 -1
PROPOSED PROGRAMMING
PAGE 1
PROPOSED PROGRAMMING — CHANNEL GUIDE
DEFINITIONS:
1. Distant TV stations are non -local signals delivered by means other than off -air antenna.
2. Satellite -video programs do not include Pay TV, or Pay- Per -View services.
3. Pay TV services do not include interactive services other than Pay - Per -View.
4. Access services include only those programs produced by the community.
S. Local Origination (L.O.) services include only that programming produced locally by the cable
operator.
FOR EACH PROPOSED CABLE CHANNEL, PLEASE PROVIDE THE FOLLOWING INFORMATION:
1. Channel Number
2. Programming Service - Include the following: Call letters and Broadcaster Affiliation where
applicable (e.g. WMAQ -TV - NBC or WGN TV - Independent) and a one -line description of
the service (e.g. CSPAN 1: Cable Programming of Congress and Public Affairs.)
3. Notation of Channel Allocation - Either Dedicated or Composite.
4. A classification of the Programming Service - SELECT ONE OF THE FOLLOWING:
A. Off -Air Local TV
B. Distant TV Station (see Definition 1)
C. Satellite Video (See Definition 2)
D. Satellite Automated
E. Pay TV Service (See Definition 3)
F. Access (See Definition 4)
G. Local Origination Video (See Definition 5)
H. Local Origination Automated (See Definition 5)
I. Interactive Service
J. Other — Please Describe.
You may express this information in the form of a graph or chart in order to conserve
documentation space.
(L
(C
Proposed Channel Line Up
Service
Frequency
Channel
Programming
Broadcast
Broadcast
Broadcast
lassificatio
Must
Retrans
Tiers
Allocation
Location
Service
Local
Distant
Affiliation
Consent
(HRC)
55
2
WBBM
✓
CBS
A
✓
B
61
3
L.O.
G
A
67
4
WGBO
✓
A
✓
S
77
5
WMAQ
✓
NBC
A
✓
I
83
6
MUNACC
F
C
175
7
WLS
✓
ABC
A
✓
181
8
WPWR
✓
LPN
A
✓
B
187
9
WGN
to
A
✓
R
193
10
WCIU
✓
A
✓
O
199
11
WTTW
✓
PBS
A
✓
A
205
12
WFLD
✓
FOX
A
✓
D
211
13
- WCFC
✓
A
✓
C
121
14
WSNS
✓
A
✓
A
139
17
WJYS
✓
A
✓
S
145
18
PUB ACC
F
T
151
19
SNEAK PREVIEW
D
157
20
WYCC
✓
A
✓
163
21
EDACC
F
169
22
WENS
✓
A
✓
217
23
VIDEO MARKET PLACE
C
223
24
THE PREVUE GUIDE
D
247
28
NASHVILLE NETWORK
C
253
29
MTV
C
259
30
VH -1
C
265
31
USANETWORK
C
271
32
SPORTS CHANNEL
C
277
33
ESPN
C
B
283
34
ESPN 2
C
A
289
35
HEADLINE NEWS
C
S
295
36
CNN
C
I
301
37
CLTV
C
C
307
38
CNBC
C
313
39
WEATHER CHANNEL
C
S
319
40
ARTS &ENTERTAINMENT
C
A
325
41
AMC
C
T
331
42
COMEDY CHANNEL HANNEL
C
E
337
43
E!
C
L
343
44
SCI -FI CHANNEL
t
C
L
349
45
LIFETIME
C
I
355
46
NICKELODEON
C
T
487
68
ENCORE
C
E
493
69
CMTV
C
499
70
TVFN
C
505
71
AMERICAS TALKING
C
511
72
BET
C
517
73
QVC
C
523
74
VALUEVISION
C
529
75
CSPAN
C
535
76
CSPAN2
C
842
77
SNEAK PREVUE
D
361
47
CARTOON NETWORK
C
I
SUPER
367
48
DISCOVERY CHANNEL
C
I
SATELLITE
373
49
TNT
C
379
50
WTBS
✓
I B
385
51
FAMILY CHANNEL
C
391
52
HOME 6c GARDEN
C
I
I
397
53
HISTORY CHANNEL
C
I
403
54
LEARNING CHANNEL
C
i
409
55
NEWSPORT
C
i
415
56
FX
I C
421
57
OUTDOOR
I
C
NEW
427
58
BRAVO
C
I
CHOICE
433
59
FXM
I
C
439
60
SPEEDVISION
C
445
61
COURT TV
!
451
62
GOLF CHANNEL
C
127
15
HBO
E
133
9
16
HB03
E
229
25
M02
I
I
E
P
P 235
26
MAX2
E
R
241
27
SHOW
E
E
457
63
VOD
E
i
M
463
64
VOID
E
I
469
65
VOD
E
U
475
66
STARZ
E
M
481
67
STARZ2
E
S
91
95
VIEW CH
E
97
96
CNHTS 1
E
103
97
PLAYBOY
E
109
98
CINEMAX
E
115
1 99
DISNEY CHANNEL
E
03 /11 /96CONSLN''UP. W K4
r
FORM 1 -2
PROGRAM DESCRIPTION
PAGE 1
SERVICE COMBINATIONS AND TIERS
Indicate all combinations, packages, and /or tiers of service that may be selected by subscribers. Include the
most basic tier of service provided under FCC regulations as required by the 1992 Cable Act. Indicate for as
many tiers as is appropriate. Include any current or proposed "Ala -Carte" tiers.
Tier # Tier Name Beginning Channel # Ending Channel #
1 Basic Broadcast 2 22
2 Basic Satellite 23 77
3 Super Satellite 47 54
4 New Choice 55 62
(t.
Continental reserves the ri g ht to alter these plans to meet changing market conditions.
FORM 1 -2
PROGRAM DESCRIPTION
PAGE 2
PROGRAM DESCRIPTION -- LOCAL TV STATIONS AND MUST -CARRY STATIONS
Provide a list of all local broadcast TV signals carried. Indicate any "Must -Carry" signals that will be
-
provided by off -air antenna.
CALL LETTER TV CHANNEL
CABLE CHANNEL
CITY OF ORIGIN
MUST -CARRY
IDENTIFICATION
(YESINO)
WBBM 2
2
Chicago
No
WMAQ S
S
Chicago
No
W LS 7
7
Chicago
No
WGN 9
9
Chicago
No
W 11
11
Chicago ca$ o
No
WYCC 20
20
Chicago
Yes
WCIu 26
10
Chicago
Yes
WFLD 32
12
Chicago
Yes
WCFC 38
13
Chicago
Yes
WSNS 44
14
Chicago
Yes
WPWR SO
8
Chicago
Yes
WEHS 60
22
Chicago
Yes
WJYS 62
17
Tinley Park
Yes
WGBO 66
4
Chicago
Yes
Continental reserves the ri g ht to alter these plans to meet changing market conditions.
Provide a list of all non -local broadcast TV signals carried. Indicate any substitute or "network fill"
programming if proposed.
CALL LETTER TV CHANNEL CABLE CHANNEL CITY OF ORIGIN METHOD OF
IDENTIFICATION IMPORTATION
(e.g. Satellite
or Microwave)
VV7BS SO Atlanta Satellite
Continental reserves the right to alter these plans to meet changing market conditions.
PROGRAM DESCRIPTION - SATELLITE SERVICES
1
Provide a list of satellite video programs, exclusive of broadcast TV stations, to be carried.
CHANNEL
CHANNEL ALLOCATION
SATELLITE SERVICE DATE PLANNED
DEDICATED COMPOSITE
(IF PROPOSED)
24
DEDICATED
THE PREVUE GUIDE
28
DEDICATED
THE NASHVILLE NETWORK
29
DEDICATED
MTV
30
DEDICATED
VH -1
31
DEDICATED
THE USA NETWORK
32
DEDICATED
SPORTSCHANNEL
33
DEDICATED
ESPN
34
DEDICATED
ESPN 2
35
DEDICATED
HEADLINE NEWS
36
DEDICATED
CNN
37
38
DEDICATED
DEDICATED
CLTV
CNBC
39
DEDICATED
THE WEATHER CHANNEL
40
DEDICATED
ARTS & ENTERTAINMENT
41
DEDICATED
AMERICAN MOVIE CLASSICS
42
DEDICATED
COMEDY CENTRAL
43
DEDICATED
E!
44
DEDICATED
THE SCI -FI CHANNEL
45
DEDICATED
LIFETIME TELEVISION
46
DEDICATED
NICKELODEON
68
DEDICATED
ENCORE
69
DEDICATED
COUNTRY MUSIC TELEVISION
70
DEDICATED
TV FOOD NETWORK
71
DEDICATED
AMERICAS TALKING
72
DEDICATED
BLACK ENTERTAINMENT TELEVISION
73
DEDICATED
QVC
74
DEDICATED
VALUEVISION
75
DEDICATED
CSPAN
76
DEDICATED
CSPAN2
47
DEDICATED
THE CARTOON NETWORK
48
DEDICATED
DISCOVERY
49
DEDICATED
TNT
SO
DEDICATED
WTBS
51
DEDICATED
THE FAMILY CHANNEL .
1
PAY - PER -VIEW
VIEWER'S CHOICE Yes
CONTINUOUS HITS Yes
PLAYBOY Yes
Continental reserves the right to alter these plans to meet changing market conditions.
,
f
FORM 1-2
PROGRAM DESCRIPTION
PAGE 6
PROGRAM DESCRIPTION - PAY CHANNEL AND PAY - PER -VIEW SERVICES
Provide a list of Pay Channel (Pay TV) and Pay- Per -View programs.
CABLE PAY CHANNEL PAY - PER -VIEW
CURRENTLY
DATE CHANNEL
AVAILABLE
AVAILABLE
(YESINO)
(IF PLANNED)
PAY CHANNELS
HBO
Yes
HB02
Yes
HB03
No
9/97
CINEMAX
Yes
CINEMAX2
Yes
SHOWTIME
Yes
\�
SHOWTIME2
Yes
STARZ
No
9/97
STARZ2
No
9/97
DISNEY
Yes
PLAYBOY
Yes
PAY - PER -VIEW
VIEWER'S CHOICE Yes
CONTINUOUS HITS Yes
PLAYBOY Yes
Continental reserves the right to alter these plans to meet changing market conditions.
PROGRAM DESCRIPTION - LOCAL ORIGINATION PROGRAMMING
Provide a list of locally originated programs, both current and those in the planning stages, including only
those channels to be programmed by the franchisee, but excluding automated services.
CABLE
CHANNEL ALLOCATION
CURRENT LO.
PLANNED L.O.
CHANNEL
DEDICATED COMPOSITE
PROGRAMMING
PROGRAMMING
3
0
DEDICATED "LIFESTYLE"
For the past decade, this show has
provided viewers with an entertaining,
educational, and interactive format
found nowhere else. Host Pat Cheffer
provides a wide array of show topics
and guests to cover the needs and
interests of all viewers.
"HOMETOWN EDITION"
This magazine -style show is designed
to update our viewers on what's going
on throughout the entire Continental
Cablevision area. Most of the content
is on the lighter side, such as comedy
benefits, parades, village festivals, and
sports events. However, the show is
not afraid to team up with a community
to expose things like prostitution. If
something is important to viewers,
"Hometown Edition" will deliver the
information they need.
"CONTINENTAL'S CAFE"
This new show takes an entertaining look
at the preparation of food, the people who
prepare it, and the places within our towns
where we can find it. Viewers may get
involved by sending in recipe suggestions
and perhaps getting the opportunity to
appear on the show.
1
t
FORM 1-2
PROGRAM DESCRIPTION
PAGE 4 (continued)
PROGRAM DESCRIPTION - SATELLITE SERVICES
Provide a list of satellite video programs, exclusive of broadcast TV stations, to be carried.
CHANNEL
CHANNEL ALLOCATION
SATELLITE SERVICE DATE PLANNED
DEDICATED COMPOSITE
(IF PROPOSED)
52
DEDICATED
HOME & GARDEN
9/97
S3 -
DEDICATED
THE HISTORY CHANNEL
9/97
S4
DEDICATED
THE LEARNING CHANNEL
9/97
55
DEDICATED
NEWSPORT
9/97
S6
DEDICATED
FX
9/97
57
DEDICATED
OUTDOOR
9/97
S8
DEDICATED
BRAVO
9/97
S9
DEDICATED
FXM
9/97
60
DEDICATED
SPEEDVISION
9/97
61
DEDICATED
COURT TV
9/97
62
DEDICATED
GOLF CHANNEL
9/97
cc.
Continental reserves the right to alter these plans to meet changing market conditions.
Provide a fist of automated local programs.
CABLE CHANNEL
CHANNEL ALLOCATION
LOCAL AUTOMATED SERVICE
DEDICATED COMPOSITE
23
DEDICATED
THE RETAIL CHANNEL
77
DEDICATED
THE BARKER CHANNEL
24
DEDICATED
THE PREVUE CHANNEL
3
COMPOSITE
LOCAL ORIGINATION
6*
COMPOSITE
MUNICIPAL ACCESS
18*
COMPOSITE
PUBLIC ACCESS
21*
COMPOSITE
EDUCATIONAL ACCESS
* All PEG channels are used from time to time for character- generated information.
Continental reserves the right to alter these plans to meet changing market conditions.
F R ,
FORM I -2
PROGRAM DESCRIPTION
PAGE 7 (continued)
PROGRAM DESCRIPTION - LOCAL ORIGINATION PROGRAMMING
Provide a list of locally originated programs, both current and those in the planning stages, including only
those channels to be programmed by the franchisee, but excluding automated services.
Iq
CABLE
CHANNEL ALLOCATION
CURRENT L.O.
PLANNED L.O.
CHANNEL
DEDICATED COMPOSITE
PROGRAMMING
PROGRAMMING
"SPORTS FILE"
Excellent highlights, commentary by
two hosts, and features on student
athletes on this weekly wrap -up of high
school sports offers subscribers an
in -depth look at the current and future
star athletes in the area. Sports File
is aired live every Tuesday night while
school is in session.
"GAME OF THE WEEK"
Each week, Continental's mobile studio
travels to a field, court, or ice rink to
showcase a top match -up in local high
school sports.
"THE JOURNAL"
Attorney Paul Lisnek hosts this
30- minute show covering political
issues on both local and state
levels. This show has proven to be
a valuable source of information
for a great number of viewers.
Lisnek often tackles controversial
issues and will not rest until he
gets answers.
"RESIDENT EXPERTS"
Hosted by two local talents, this
show offers valuable information
on home upkeep and repair to
future and present home owners.
They demonstrate how to "do it
yourself' the right way in order
to save money and headaches.
PROGRAM DESCRIPTION - LOCAL ORIGINATION PROGRAMMING
Provide a list of locally originated programs, both current and those in the planning stages, including only
those channels to be programmed by the franchisee, but excluding automated services.
CABLE
CHANNEL ALLOCATION
CURRENT L.O.
PLANNED L.O.
CHANNEL
DEDICATED COMPOSITE
PROGRAMMING
PROGRAMMING
"THE FITNESS SOLUMN"
A monthly instructional fitness
show focusing on high and low
impact aerobics. Hosted by a
licensed fitness trainer and
qualified assistants, The Fitness
Solution offers our viewers
safe and effective physical and
cardiovascular training. The
show is shot in an attractive
outdoor setting when weather
permits, or in the studio during
colder months.
"LANDSCAPING"
Realizing not everyone is born
with a "green thumb ", host
Ken Benson offers tips to
countless viewers on how to
keep their lawn and house
plants healthy and attractive.
Obviously a seasonal show,
Landscaping is produced live
once a week in the spring,
summer, and early fall.
"DEAFINITOR"
A program produced and
hosted by hearing - impaired
individuals from the local
community. These individuals
share with the audience their
common experiences. This
program is open - captioned
for the hearing - impaired audience.
I
PROGRAM DESCRIPTION - LOCAL ORIGINATION PROGRAMMING
Provide a list of locally onginated programs, both current and those in the planning stages, including only
those channels to be programmed by the franchisee, but excluding automated services.
CABLE
CHANNEL ALLOCATION
CURRENT L.O.
PLANNED L.O.
CHANNEL
DEDICATED COMPOSITE
PROGRAMMING
PROGRAMMING
Iq
PLANNED PROGRAMMING:
"THE CHAMBER CONNECTION"
A show highlighting members of the
local Chambers of Commerce. Seg-
ments will focus on the individuals,
their success, and what they have to
offer to the community.
"HOMETOWN HEROS"
This program, in magazine format,
takes an in -depth look at people
within the Regional Cable Group
communities who make a difference
by their leadership and philanthropic
efforts. Referrals from the munici-
palities and other organizations will
help make up the ongoing profiles.
"BEDTIME STORIES"
Hosted by local celebrities and story-
tellers, this is an interactive children's
program designed as an entertaining
and educational lesson. Bedtime
Stories highlights children's stories with
beautiful pictures, fun graphics, and a
variety of sound effects. The show gets
our younger viewers involved by holding
story and drawing contests. All entries
receive acknowledgement and a chance
to win prizes.
A
APPENDIX C
REGIONAL CABLE GROUP ACCESS CAPITAL
C
61
REGIONAL CABLE GROUP
ACCESS CAPITAL
CAPITAL EQUIPMENT
❑
(2) SHARP XC -AL STUDIO CAMERAS
(2) PANASONIC SUPERCAM SVHS AG -DP800
❑
(1) HITACHI FP -21 CAMERA
❑
(3) SONY DXC1800 CAMERA
❑
(2) PANASONIC WV -D5100 SYSTEM CAMERA
❑
(1) PANASONIC AG -1907 SVHS DECK
❑
(1) PANASONIC AG -1280 VHS DECK
❑
(1) SONY VP -5000 3/4" DECK
❑
(1) SONY VP -5600 3/4" RECORD DECK
❑
(1) SONY VO -9850 3/4" RECORD DECK
❑
(1) SONY VO -9800 3/4" RECORD DECK
❑
(3) SONY BVU -800 3/4" RECORD DECK
❑
(1) SONY VO -2610 TOPLOAD 3/4" RECORD DECK
O
(1) SONY BVU -110 3/4" PORTABLE RECORD DECK
❑
❑
(3) SONY VO -4800 PORTABLE RECORD DECK
(3) BOGEN STUDIO TRIPODS
❑
(3) FIELD EQUIPMENT TRIPODS
❑
(1) BOGEN 3191 TRIPOD
❑
(4) PANASONIC CT -1030M COLOR MONITORS
❑
(2) SONY PVM -8200T COLOR MONITORS
❑
(4) SONY PVM -411 BLACK & WHITE MONITORS
❑
(1) PANASONIC CT -1383 COLOR MONITOR
❑
(2) JVC TM -22U PORTABLE MONITORS
❑
(1) SONY CDP -211 CD PLAYER
❑
(1) SONY TC -K461 S TAPE PLAYER
❑
(1) JVC XL -V241 CD PLAYER
❑
(1) SONY TC -FX170 TAPE PLAYER
❑
(4) BROAD LIGHT
❑
(11) SCOOP LIGHT
❑
(10) FRESNEL LIGHT
❑
(1) BERKEY COLORTRAN PORTABLE LIGHT KIT
❑
(1) LOWELL LIGHT KIT
❑
(1) STRAND CENTURY LIGHT DIMMER BOARD
❑
(2) RAMSA WR -133 AUDIO CONSOLE
❑
(1) SYMETRIX T1 -101 TELEPHONE INTERFACE
❑
(1) CROWN D -75 AUDIO AMP
❑
❑
(1) SHURE AlSTG TOME GENERATOR
(1) VIDEO AIDS INTERCOM SYSTEM
In
(L
Regional Cable Group Access Capital
Page 2
(3) INTERCOM HEADSETS
(1) AUDIO PATCH BAY
(2) JBL 4301 B AUDIO MONITOR SPEAKERS
(4) SHURE 635 MICROPHONES
(4) SONY ECM -44B MICROPHONES
(1) VIDEO AIDS INTERCOM BOX
(2) ANTON BAUER TRIMPAC 14 BATTERY
(3) SONY BP -90A BATTERY
(1) SONY AC -340B BATTERY CHARGER
(2) SONY BC -1000 BATTERY CHARGER
(1) SONY BC -210 BATTERY CHARGER
(1) ANION BAUER LSFC CHARGER
(1) ANTON BAUER ABC800 BATTERY CHARGER
(1) SONY DME -450 DVE
(1) SONY BVE -800 EDIT CONTROLLER
(1) SONY BVS -3200 AUDIO /VIDEO SWITCHER
(1) SONY SB -V5W VIDEO /AUDIO SELECTOR
(1) JVC KM -2500 VIDEO SWITCHER
(1) SONY RM -450 EDIT CONTROLLER
(1) COMMODORE Al 200 AMIGA COMPUTER
(1) SCALA GRAPHICS SOFTWARE PROGRAM
(1) TEKTRONIX 528A WAVEFORM MONITOR
(1) TEKTRONIX 1420 NTSC VECTORSCOPE
(1) DIGITAL DPS -230 TBC
(1) DIGITAL RC2000 TBC
(2) HITACHI OP -211 CAMERA CONTROL UNITS
(3) SHARP XC -AIF -P CAMERA CONTROL UNIT
(1) GREEN CYC
(1) GREY CYC
(1) SIGMA COLOR BAR GENERATOR CBI -155
(1) ACCESS SUITES AT ROLLING MEADOWS FACILITY
TOTAL CAPITAL ASSET VALUE
REGIONAL CABLE GROUP ACCESS CAPITAL
S 518,460.00
14
APPENDIX D
REGIONAL CABLE GROUP COMMUNITY ACCESS
INCREMENTAL CAPITAL INVESTMENT
62
V r
t
CI
Iq
CURRENT ESTIMATE OF REGIONAL CABLE GROUP COMMUNITY ACCESS
INCREMENTAL CAPITAL INVESTMENT
PRESENTED TO REGIONAL CABLE GROUP
FEBRUARY 6, 1997
' r
01-'30 97 16:34 %Y5;' 364 3ktib SAIDERSKI ELEc: =0( ^. u14
r h
�-
�,�,�3� Quotation
_ Eleccronics Inc.
1200 Greenleaf Avenue AvdioNideo /Bata Communications Quotation # TBJ1oC.A0o
Elk Grove Village, Illinois 6UU07 -5587 Engincering Sales SsrWce Rental Date Jan 30,1997
(847) 364 -1900 FAX: (847) 364 -6019
Page 1 at 7
Terms Net 3C Days Upon Credit Approval
Terry Cantwell
4 Prograrn.lComm. Relation,: Mgr.
U Continental Cablevision
n
T 688 Industrial Or
__ Elmhurst, IL 60126-1557 Delivery Dependent On Manufacturer Availability
a
Pte (830)716 -2408
o FA" (630)716 -2424
Gust ner Irq..ir Verbal
Date of inguky Jan 28,1997
F.O.S. oNin
Salesperson Mike Pogiitsch
M ,ee omo b y— kn&-1 ?t.ftNd' r-ei" to a.s lama as cow"#.a .-t ft m -n rn ----# -;,"
ucrit Price uension
1 1 WINSTED/E4153 - 45 Degree Compact Workutation.
$2,150.00 $2.150.00
2 1 5ONY1DF5 -300 - -"Promotion Tlti 3/31/97— Pmduction Editing $7,045.00 $7,045.00
Components. Digital Effect Devices - 4 Input Mufti Format Switcher
w/Digital Effects; Indudes Over 300 Preset Effects. W' fx3SlMDCeS:
Includes Chroma Keyer & Color Corrector as Standard
3 1 SONY /SKDF -504 - Production, Editing Componenu, PrGmiara, $2,139.00 $2,139.00
DME /Switcher Accessories - 8 Sit linear Downstream Keyer
Option for the OFS -500; Replaces ine BKDF -502 1 Bit
Downstream Keyer; Features Improved Keying Edge Quality, Gain
Control/Finer Clip Control Capability
4 1 SONY/SKDF•301 --Promotion Tilt 3131 /97--- Producdon, $1,826.00 $1,826.00
Editing Components, DME/Switcher Accessories - 30 Nun linear
& Linear Effects Option Plug in Board for the DFS -300; Adds
Hundreds of Effects to the Standard OFS -300 Including Page
Turns, Rolls/Spheres
40 P-4W
U1 u. A. 16:3; '8.94? 3C4 5.;19
` )Elect "nits 19c-
1200 Greenleaf Avenue
[-:Ik Grove Village, Illinois 60007 -5597
(847) 264 -11900 FAX: (847) 3664-019
Terry Cantwell
a programlComm. Relations Mgr.
U Continental Cablevision
T 688 Industrial Dr
>- Elrnhtirst, IL 60126-1557
D
r Prtonex (830) ?16 -2408
FAXI (630)716 -2424
Customer Inquir Verbal
Data of Inquiry Jan 28,1997
SWIDERSKI ELEc
Quotation
Audic,'Video /Data Communications Quctatioti # fcJiOC A00
Englntrerfrig Sales Serdce Rental Page Jan 302 997
Terms Net 30 Days Up(jn Credit Approval
Oelivwy pspendent On Manufacturer Availability
F.O.S. Orlgin
3ale9pexson Mike Poglit.scn
v: rewme fi >ti� kz�Yr. •v amt tro Sro+«v puaofion s�i� � �7° mnrn •ne cond�tiau s«,trm on v� reya.w.r7e.
Unt Price Wension
$7,450
5 2 SONY /SVP -5600 - Productior:. S-VHS Editing Recorzi ::rs/Player5 - S- X3,725.00- A0
VHS Editing Player. Built -in TBC, fC Reader t'LTCNITC) & RSA22
Interface: Suppiied Accessories: 3-Pin AC Power Cord. Operation
Manual; Optional Accessories: SVBK -170 Component ottput Board
6 1 SONY /SVO -5800 - Production, $.VHS Editing Recorders/Players -
S-VHS Editing Recorder Player Built In TBC,
Accessories: 3-Pin (LTCNITC) & RS -422A Interface; Supplied
Power Cord, Operation Manual
7 1 roNY/PVE -500 - "'Promotion Tli 3,'31197— pi-oduction Editing
Components, Edit Controllers - i Piece, Compact A/i 3 Roll Edit
Controller w/E;demal VtciPe Sw t W / Audio Mixer Control; Maintains
RM-450 Style Operation w /Additional Control Functions
g 3 3ONY1RCC -SG/US - General tl Matic. eMm. VHS, VTR Cables.
Production, UVW Series, Premiere, Betacam Actx'ssOries - 5 Meter.
(16) R8-422 9 Pin Remote C2ble-
$4,935.00
$2,755.00
$93.00
$4,935.00
$2,755.00
$279.00
0 ftWW'# M�04 1.2p,
' e
t t1�I' ; ;�0 9 16:3 =, 'rr°8:? 3�3 - i�.'•? 5�1DEF =Ki ELLC
Eiectranics Inc.
it SWIDIRRI
1 ?oo Greenleaf Avenue
E Ih Grove Village. Illinois 60007 -5597
(847) 9641900 FAX: (847) 3645019
Terry Carswell
Q Program.lComm. Relations Mgr.
U Continental Cabievision
a 688 industrial Or
e Elmhurst. IL 60126 -1557
0
T Pnonel (G30)713 -2408
0 FAXA (630)716-2424
Custarer inguir Verbal
Date of INOTY Jan 28,1997
Quotation
Audi olVia oN°/Data Communications Quotation # 't BJ1ac -Aca
Elrq /nee ring Sale- Service Ro..ntal Date Jai 3Q.19�i
Page 3 cf ;
Terms Net 30 Uays'Jpor, Ciedit Approval
Delivery Dependent On Manufactur °r Availability
F.0.8. Origin
Saiesper3on Mike Fuyiitsch
.o ^rbDUnre b Y F10urY. we subrr-R }V lOI,O_V qu *&_ i..'. ;�G': b dN trnt aid crxW0ior+s set ivN a4 ire.ew�..a..
Si
tem nn Price E>bn
I Quant�Y Desatiw°a
4 2 FOSTEX16301 BEAU - Speaker Systems - 6301 b With XLR And 114- $193.00 $386.00
Phone input Connedorsr -Plus Lead St;ielding For use With Video
And Computer Monitors
10 1 VIDEOTEKnW, -621 - Analog p=ucts Group, Test inotrvrncrte $3,371.00 $3.371.00
(Available in PAL) - NTSC Combination Broadcast W v f CRTs.
MonitoiNectorscope w/o Case; 5 Year warranty,
1 / 1 VI0EOTEKIYC -1 . Analog Products Group, Tesi instrument Options - $35.00 $35.00
Adaptor for Observing WC Signal on TVM -675, TVM -82i or TYM -100;
Corrects S Video Cable Connector to Dual BNCs; 5 Year Warranty.
12 1 VIDEOTMSSC -1 -Analog Products Group, Cases tvr Test $70.00 $70.00
tnsl7uments - Single Standard Case; 5 Year Warranty -
13 1 AVS /JUNIOR LEVEL 2 - ManuScrip Character Generators - L090 $7,225.00 $7,225.00
Composer Drawing Package &. the Special Pack of 10 Latin Master
Typefsoas; 1 SnS Resolution. RGB Edit Out, Composite, Y/C & RGS
program Out, Internal Composite Linear Keyer, Graduated
Background Color Generator
0 %V".I '* PW49
UI•130 97 16 :.35 'C5417 36 :019
Elecrxonlcs Ina.
12uJ Greenleaf Avenue
Elk Grove Village, Illinois 60007 -5597
(847) 3s4 -t9ea PAX: (841) 364 -5019
Terry Cantwell
C Program. /Comm. Relatlotis Mgr.
U Continental Cablevision
0
T 688 industrial Dr
Elmhurst, 1L 60126 -1557
D
T Pnonex (630)716 -2408
0 FAX# (630)716-2424
customer inqutr Verbal
Date of t-
.qu►ry Jars 28,1997
S
SWIUERSIiI ELEC (uY g�CiOS'
Quotation
AudiolVideo /Data Communications Quotation # i5J10C.A0C
Eng;.teering Sales SaMce Rental Date Jan 30 1�-S7
Page 1 0*
Terms Net 30 Days Upon Cred;t Approval
Oeiivery DeperulentOn Manufacturer Availability
F.O.B. Origin
Ue-Vcr=n Mike Poglitsch
m esaoa+we roY r. wrtsu�nt /fe puoM$ov etr b f1M M!L u+d odldt�iaM1! Ht Anti on aw n...e 4M..
Unit Price Exdenmon
Item GuarMY D—Y1Pb-
14 4 PANASONIC/BT-S901Y - Monitors, High Grade 8T Sfrcies Color $64$•00 $2,592-W
Monitors - 9" Rack Mountabe color Monitor. 300 Unw Horizontal
Resolution, S Video, Ext. Sync, Pulse Cross, Blue Only & Unde:scan
& Audio Monitoring
15 1 PANASONIC /l3T- S1370Y - Monitors, High Grade 81' Series Color
$ 887.00 $ 887.00
monitors - 13" Multistandard Color video Monitor; PAL, SECAM,
NTSC 3.58 & NTSC 4.43; 420 Lines Horizontal Hesolution, Blue
Signal Only, Rack Mountable, w /Optional BA -131, S Video / Video
Input & Audio Monitoring.
Is 1 MACKIE1MS1402 VLZ -14 Channel audio board.
$473.00 $473.70
17 1 TASCAM TEAC /CD201 - Production & Industrial CO Players - 3U $380.00 $380.00
Rack Mountable Compact Disc Mawr Designed for Applications
like Production, Broadcast, Sampling & DJs; 1 Bit Delta /Sigma
D/A Converters; SIPDIF Digital Output; Auto Cue w/ 1 wo (2)
Sonaitivity Loves
rwy w nN v4w
z
16:30 '$S4' 364 30!Q SWIDERSKI EL.EC zuOE• ot,S
' E18ctranics lgic.
12co e;re le eaf Avenue
Elk Grove Village. Minois 60007 -5597
($47) 364 -1940 FAX: (847) 364 -5019
Tent' Cantwed
o prcgramJCr.,mm. Retatiorb Mgr-
U Continental Cabievision
9 688 indtu`L*iai Or
C Elmhurst. iL 50126 -1557
0
7 p,,,# (e--AC)716 -2408
0 FA)W (630)716 -2424
Cus!oarw irgeir VettZal
exe of inquzy Jan 28.1997
Quotation
Audio/Video /Data Communications Quotatlan # 7BJ10CA00
30,1997
Enyineerir3g Sa1as Se -rviCe ReAtd! Date Jan 5 of 7
Page
Terms Net 30 Days Upon Credit Approval
Delivery OF-pendent On (Manufacturer Avai lability
F.O.B. pngin
Cato person Mike Poglitsch
w. stW -�' tM A6ow:�o Ouc�tiO^ "'C+'R b nr MrRU .v wr+e:ri. - of Awft o VW f~r" dkV
rn ran b s� 4q. a and Pfte EAsnsw
Kum CuanztY L'es" PWn
18 S8,765.00 817,530.00
2 PANAS0NIC,AG- DP800HXL - VCRs, Supercam Packages,
Camcorder Package Contains ill AG -DP800 3 CCD SVHS
recorder; (1) S14X7.58RM4 Fujinon 14.1 Lens; (1) CCH800
Th.ermodyne Hardshell Carry Case; (1) WV-U1770O.Tripod Flate;
0) ABP800 Anton Bauer Battery / Charger Kit.
19 (2 LOWEL/Ot -g5 - Tota/Omni Kits - Omni 4 Kit include; Four (4) Omni 51,261.00 $2.522.00
Lights w /16' Cables, $1 Reflectors (Less LSMPs)+ tour (4) Omni
Bamdoor9, Four (4) Omni Starlds, One (1) Omni Lampak. One (1) 01-
86 Omni Case.
20 4 LOWEL/FTK - LampSfUmPaks, Ortini Light Lamps -12ov /SOCW
521.00 $84.00
3200 K Clear; Average 1.)fe 100 Hrs.
21 4 ELECTRO- VO(CE/835A/8 - Microphone/Wireless, StWio/professional $118.00 $472.00
Wx"phones - Oynamic Omni Microphone WIRM Black Fn)sh.
fit ' :'? 97 16:36 $317 361 5015 SWIDERSKI ELEC
lot=
Quotation
Electronics lac- -
--� AudioiVidec!Data Communications QU°t�� ate Jan130 997
1200 Gre.enlaaz AvenUe Enyineerin•9 Sales Service Rental
Elk Grove Yhage, Illinois 60007 -5587 Page G of 7
(847) 364 -1900 FAX: (847) 364-5019
-teems Net 30 Days Upon Credit Approval
Terry Cantwell
Program./Comm. Relations Ngr•
U Continental Cablevision
{T 688 Industrial Or
Elrnhur5t. IL 60126 -1557
J
T Phwo (1330)710 -2408
FAX* (630)716 -2424
cugomer inquir Verbal
r]eiivery pent. -ndent On Manufacturer Availability
F.O.B. Origin
Salesperson Mikc Pogiitsch
Date cf t,It" Jan 28,1997
In ee+tn� � ytlur irArAy. �+ u+ema tlb to.k�0 a� +�
UAA Price
tt�rn auant'Y standard 5303.00 31,212.00
22 4 SONy&cm -558 - General Audio, Microphones � do
Eledret Condense, LavaNer MicroPO 23oz) Microphone Head; Omni
10.rx21 mm (7/1C x 27132'), s•`�T9� Way Powering Sftom
Directional Multi Purpose Type;
23 3 PANASONIC/1NV-D5100HS - Cameras, Proline, Single CCD Color
$1,868A0 $5.574.00
Cameras wIY /C - Modular System Color Camera w1213" Super
High Senahivity CCD (Minimum illumination: 3 Lux) Pick Up
Device; Resolution: 460 Lines, 2H -V Enhancer; SIN: 46d5, Auw-
C:ont. Tracking Whitc Balance
24 3 PANAS0NIC/WY- 1Z1418AF - Cameras, Proline, Single CCD Color
Camera w/y /C, Optional Accessories - BX Auto FO= Zoom Lens.
25 3
26 3
PAIWgSONIC/yyV�R12 - Cameras• Praline. Single C:CO Color
Camera wr/Y /C, Optinnal Accessories - Cameral VCR Remote
Controller; Pan / Tilt Head Control: ltVll-LZ141W Zoom 6 fur-u3
Gviltrol; Intermittent Recording. Rec, Fade. Ree I Review VCR
Contmis.
pARASONICNW -pH10 - Cameras, Praline. Single CCO cola
camem w/y /C, Optional Accessories -Pan / Tilt Head.
$750.00 $2,250.00
$500.00 $1,500.00
$797.00 $2,391.00
P f `1 �!S• 97 15:01 '$S;? 't l 5G19 S%VIDERSP:I ELEC
00.3
Electrairsics Inc.
10C Greenleaf Avenue
Elk Grove Village, Illinois 60007 -5597
(847) 364 -1900 FAX_ (847) 364-5019
Terry Cantwell
o ProgramJComm. Relations Mgr.
L; Continental Cablevision
0
T 688 Industrial Dr
E Elmhurst, iL 6012&1557
c
T Phone# (630)716 -2408
0 PA" (630)716 -24224
customer lnqulr Verbal
oats of irat* Jan 15,1997
Quotation
Audio/VldeolData Communications Quotation TEF98C.AQ0
Engineering Sales Service Rental Date Jan t 5,1 997
Page 2 of 2
Terms Net 30 Days Upon Credit Approval
Delivery Dependent On - !anufacturer Availability
F.O.B. Origin
Salesperson Mike Fogliisch
rn a -rpaue ib yawYmury. ,re s•!b!ia tt.. AcaGrep quo!!i'on subleer ee tl1e 1S fat Nd eond3io's d hoY on tlr syane �q1.
tbarn Quwtuy desaption UM Ftioc E>rta,xion
5 ` ROGEN PHOTOIGITZai3195 - Cine/Video Tripods & Accessories - $734.00 SLAW -00-
3 Professional Cinr./Video Blade Anodized Tripod w/3066 Head; NOTE: a a0d 0U
Mounting Stud Is 318" Euro Thnaad on Ali Bogen Tripods. r
Through March 1997 Panasonic is offering a 41000 and user
rebate on the Supercam. Rebate Is offered directly from Panasonic
upon completion of rebate coupon.
NOTE: The above equipment doez not include applicable sales
andlor use tax. Unless otherwise specified, this equipment carries
the standard manufacturer's "IN -SHOP' parts and labor warranty
provided the equipment is returned. F.O.B., our plant, Elk Grove
Village, Illinois.
This auctadw is subjed to the tuna` and eandOws as set fbrde on Yee
reverse "and is veld for 30 days.
Offered by: sw:demlcl El comics lncorporaced
We hereby wce# 60 +bow PODPO" wtrh of wont to bo peftmod and
kams provided as specMK mfod to Me tames and Oond oom ae Oat roan
On the lt9VWW 366.
'YVlik P January 15, 1997 ( compay
i 9 1i
Autt,arraeed Sigiubm -�
Tile Account Executive Ilk
iii• 3- 97 16: 37 '8347 364 SUij 51 IDERSIiI EL.EC tt���� nu.g• h
r %%Dual
Electronics Inc.
X200 G4\-.Pnt� e Avenue
EIK Greve Viilage. Illinois 60047 -5597
(047) 364 -1900 FAX' (847) 364-5019
Terry Cantwell
Q program_lCcmm. Retatlons Mgr.
u Continentai Cablevision
T 688 Industriai Or
C Elmhurst. lL 60126 -1557
7
T Fib ((30)71 C -2408
(634)716 -2424
c,3t=.r irrqu;r Verbal
Quotation
tluotatiwl MIMACO
pAudioNideolData Communications Gate Jan 30,1997
Eliyineeririg S214S Service Rental Page 7 of 7
Terms Net 30 Days Upon Credit Approval
Deliver! nependent On fhlanufaoturer Availability
F.O.B. ptigin
Salc*porson r like Poglitsch
Date ut inquiry Jan 28,1997
!n /sF�'� ro tour a+s�s :.:y aubnk a,e Jdk+w+w C -cieln s�pt h tl'° t°r'" ..t !ojA or. a.n D.xan SAM.
Unit Price F�Qensk�
item Quantih OescnPo°t' $51.U0 $153.00
27 3 PANASONICIV Camoline, Single
Bra color Camera wlY /C
Optional Accessories $$239.00 $1,434.00
I'S03 - Gtu,neras, t'roline, Single CCD Color
?$ 6 PANASONIC/WV -
Camera w/Y1C, Optionai Accessories - AC Adapter. $546.00
29 3 PANASONIC/1 O S proline, Three j/2"
af or
$102.00
Camera, ngCCD Color am r wly /C, Op o al Asso
50' VCR 10 Pin pension Cable.
I
g1,�'Gga�
NOTE: The above equipment does not include applicable ent tarries zalAs
andlor VSH tax. Unless otherwise specified.
the standard manufacturer's "1N SHOP" parts and labor worrantY
provided the oauipm&nt is r6tumed, F.O.S., our plant, Elk Grove
Village, Illinois.
i tNs fioroby acts above Pr.. P.4 WM a# wdrk to be pen .wd and
This qulftmn is subJed to the tsmis and ocridfi M as sat fl7rt1+ on bis 1 subfed id the terms and wnd = es set tortft
I kp.rts A1tivlded as
Mvanre side and is valid for 30 days. on ft n>ver." side-
phb, -vd by. Swiderskt EiOai onk;b k-OfP°r' " J+�
: P it. January 30. 1997 ; coitipapy
t 9 _ 0
TRW M
role Account Executive i
C
ORIGINAL ESTIMATE OF REGIONAL CABLE GROUP COMMUNITY ACCESS
INCREMENTAL CAPITAL INVESTMENT
PRESENTED TO REGIONAL CABLE GROUP
MARCH 21, 1996
I'm
Regional Cable Group
Community Access Incremental Capital Investment
❑ (1) WINSTED /134153 -45 Degree Compact Workstation
❑ (1) SONY /DFB -300 - Production Editing Components, Digital Effect Devices -
4 -Input Multi- Format Switcher w /Digital Effects; Includes Over 300 Preset Effects,
Wipes & Mixes; Includes Chrome Keyer & Color Corrector as Standard
❑ (1) SONY /BKDF -504 - Production Editing Components, DME /Switcher, Premiere
Switcher /Effects Accessories - 8 -Bit Linear Downstream Keyer Option for the DFS -500;
Replaces the BKDF -502 1 -Bit Downstream Keyer; Feature Improved Keying Edge
Quality, Gain Control & Finer Clip
❑ (1) SONY /BKDF -301 - Production Editing Compnents, DME /Switcher Accessories
3D Non - Linear /Linear Effects Option Plug -In Board for the DFS -300; Adds Hundreds of Effects to
the Standard DFS -300 Including Page Turns, Rolls & Spheres; Supplied Accessories; Installation
Manual
❑
(2) SONY /SVP -5600 - Production, S -VHS Editing Recorder/ Players - SVHS Editing
Player; Built -In TBC, TC Reader (LTC /VITC) & RS -422 Interface; Supplied Accessories;
3 -Pin AC Power Cord, Operation Manual
❑
(1) SONY /SVO -5800 - Production, S- VHS - Editing Recorders/ Players - S -VHS Editing
Recorder/ Player; Buil;t -In TBC, TC Reader /Generator (LTC /VITC) & RS -422A
Interface: Supplied Accessories: 3 -Pin AC Power Cord, Operation Manual
❑
(1) SONY /PVE -500 - Production Editing Compnents - 1 -Piece Compact A/B Roll Edit
Controller w /External Video Switcher & Audio Mixer Control; Maintains RM 450 Style
Operation w /Additional Control Functions; Controls Up to Three (3) VTRs (2) Players,
1 Recorder
❑
(3) SONY /RCC -5G /US - General U- matic, VHS, VTR Cables, Production, UVW Series,
Premiere Betacam Accessories - 5 Meter =(16 feet) RS -422 9 -Pin Remote Cable
❑
(2) FOSTEX /6301 BEAV - Speaker Systems - 6301b With XLR And 1/4" Phone Input
Connectors - Plus Lead Shielding for use with video and computer monitors
❑ (1) VIDEOTEK /TVM -621 - Analog Products Group, Test Instruments (Also Available in
PAL) - NTSC Combination Broadcast Waveform Monitor /Vectorscope w/o Case
❑ (1) VIDEOTECK /YC -1 - Analog Products Group, Test instrument Options- Adaptor for
Observing Y/O Signal on TVM -675, TVM -621 or TVM -100 Converts SVideo Cable
Connector to Dual BNCs
y
Community Access Incremental Capital Investment
' Page Two
❑ (1)AVS GRAPHICS /JUNIOR LEVEL 2 -18nS resolution, RGB edit out. Composite, Y/C
& RGB program out, internal Composite linear keyer, graduated background color
generator, 10 master typefaces & logo composer
❑ (4) PANASONIC /BT- S801Y- High Grade BT Sense Color Monitors - 9" Rack Mountable
Color Monitor; 300 lines Horizontal Resolution, SVideo, Ext. Sync., Pulse Cross, Blue
Only & Underscan & Audio Monitoring
❑ (1)PANASONIC /BT- 51370Y High Grade BT Series Color Monitors - 13" Mulitstandard Color
Video Monitor, PAL, SECAM, NTSC 338 & NTSC 4.43; 420 Lines Horizontal Resolution, Blue
Signal Only, SVideo /Video Input & Audio Monitoring
❑ (1)ELECTRO- VOICE /VECTOR 8 - Audio /video Products, Mixers, Music Electronics -
8 - Channel Stereo /Mono Mixing Console, Rack Mountable
❑ (1)TASCAM /TEAC /CD2 -1 - Production & Industrial CD Players - 30 Rack Mountable
Compact Disc Player Designed for Applications Like Production, Broadcast, Sampling &
DJs; 1 Bit Delta /Sigma D/A Converters; S /PDIF Digital Output; Auto Cue w /Two (2)
Sensitivity Levels; Remote Fader
❑ (2) PANASONIC /AG- DP800HXL - Supercam: Camcorder; A14X7, SBRM -4 Fujinon
Lens; CCH800 Hard Shell Shipping Case; WV -Q1700 Tripod Adaptor, ABP800 Anton
Bauer Battery Package
❑ (2) LOWELL /01 -95 - Tota /Omni Kits - Omni Kit; Includes; Four (4) Omni - lights
w /18' Cables, #1 Reflectors (Less Lamps), Four(4) Omni - Bamdoors, Four (4) Omni-
stands. One (1) Omni - lampak. One (1) 0188 Omni Case
❑ (4) ELECTRO- VOICE /635A/B Audio /Video, Studio/ Professional Products - Dynamic
Omni Microphone w /Flat Black Finish
❑ (4) SONY /ECM -5SB General Audio - Broadcast Standard Electret Condenser Lavalier
Microphone; Black Anodized Finish; 10.6x21 mm (7/16 "x27/32 "), 6.5g (0.23oz)
Microphone Head; Omni - directional Multi- Purpose Type; Two -Way Powering System;
AA -Size Battery or External Power
❑ (S) DOWNLINK RECEIVE UNITS - Minimum 3 -Meter Satellite Antenna Hardware, Inclusive
of Mount System, Template Mechanical Steering Hardware, Cable Lead and Bolt Package
Total Incremental Access Capital, Per Community TOTAL S 76,214.00
Net Aggregate RCG Incremental Access Capital Investment TOTAL $:381,070.00
C,
C
�r
APPENDIX E
COMMUNITY BUILDINGS DESIGNATED FOR SUBSCRIBER CABLE
AND I -NET CONNECTIONS
SUBSCRIBER CABLE CONNECTION LOCATIONS:
Buffalo Grove Village Hall
Public Services Center
Fire Station #25
Fire Station #26 /Department Hdqtrs.
Fire Station #27
Arboretum Golf Course Clubhouse
Park District - Alcott Center
Park District - Emmerich Maintenance/
Fitness Center
Park District - Aquadome Pool
Park District - New Gymnasium
Park District - Raupp Historical
Museum
Buffalo Grove High School
Cooper Junior High School
Kilmer Elementary School
Tripp Elementary School
Longfellow Elementary School
Willow Grove Elementary School
District 96 Administrative Office
Twin Groves Junior High School
Pritchett Elementary School
Meridian Middle School
Aptakisic Junior High School/
District 21 Administrative Ofc.
St. Mary's School
Jewish Community Center
Buffalo Grove Fire Department
Training Center
Willow Stream Pool /Bathhouse
Busch Grove Community Park
Park District Fitness Center
Buffalo Grove Golf Course
Buffalo Grove Youth Center
Commuter Railroad Station
50 Raupp Boulevard
51 Raupp Boulevard
505 West Dundee Road
109 East Busch Road
100 Half Day Road (Rt. 22)
401 Half Day Road
530 Bernard
150 Raupp Boulevard
1100 West Dundee Road
1050 Plum Grove Circle
901 Dunham Lane
1100 West Dundee Road
1050 Plum Grove Circle
655 Golfview Terrace **
850 Highland Grove Road
501 North Arlington Heights Rd. **
777 Checker Drive
1050 Ivy Hall Lane
2600 North Buffalo Grove Road
200 Horatio Boulevard
2195 Brandywyn Lane
1231 Weiland Road
75 Buffalo Grove Road
1250 Radcliffe Drive
Deerfield Parkway @ Krause Drive
600 Farrington
941 McHenry Road * **
Rt. 83 @ Buffalo Grove Road
48 Raupp Boulevard
50 Raupp Boulevard
825 Commerce Court
63
C
C
64
APPENDIX E (CONTINUED)
Notes to Subscriber Cable Connection Locations:
* - Cable cut, requires restoration * ** - Locate Drop at West Side of Parcel
** - No drop - requires installation
INSTITUTIONAL NETWORK CONNECTION LOCATIONS:
Buffalo Grove Village Hall
Public Services Center
Fire Station #25
Fire Station #26 /Department Hdqtrs.
Fire Station #27
Arboretum Golf Course Clubhouse
Park District - Alcott Center
Park District - Emmerich Maintenance/
Fitness Center
Park District - Aquadome Pool
Park District - New Gymnasium
Park District - Raupp Historical
Museum
Buffalo Grove High School
Cooper Junior High School
Kilmer Elementary School
Tripp Elementary School
Longfellow Elementary School
Willow Grove Elementary School
District 96 Administrative Office
Twin Groves Junior High School
Pritchett Elementary School
Meridian Middle School
Aptakisic Junior High School/
District 21 Administrative Ofc.
St. Mary's School
Jewish Community Center
Buffalo Grove Fire Department
Training Center
Willow Stream Pool /Bathhouse
Busch Grove-Community Park
Park District Fitness Center
Buffalo Grove Golf Course
Buffalo Grove Youth Center
50 Raupp Boulevard
51 Raupp Boulevard
505 West Dundee Road
109 East Busch Road
100 Half Day Road (Rt. 22)
401 Half Day Road
530 Bernard
150 Raupp Boulevard
1100 West Dundee Road
1050 Plum Grove Circle
901 Dunham Lane
1100 West Dundee Road
1050 Plum Grove Circle
655 Golfview Terrace
850 Highland Grove Road
501 North Arlington Heights Rd.
777 Checker Drive
1050 Ivy Hall Lane
2600 North Buffalo Grove Road
200 Horatio Boulevard
2195 Brandywyn Lane
1231 Weiland Road
75 Buffalo Grove Road
1250 Radcliffe Drive
Deerfield Parkway @ Krause Drive
600 Farrington
941 McHenry Road
Rt. 83 @ Buffalo Grove Road
48 Raupp Boulevard
50 Raupp Boulevard
C
7
c
65
APPENDIX E (CONTINUED)
INSTITUTIONAL NETWORK CONNECTION LOCATIONS (CONTINUED)•
Commuter Railroad Station
Well and Reservoir #1
Well and Reservoir #6
Reservoir #7
Northwest Community Healthcare
Raupp Boulevard Lift Station
Sugar Creek Lift Station
Golfview Lift Station
Old Treatment Plant Lift Station
Camelot Lift Station
Reservoir #2
Well #2
Buffalo Grove Golf Course Irrigation
Well #1
Buffalo Grove Golf Course Irrigation
Well #2
Arboretum Golf Course Irrigation Well
Cambridge on Lake Lift Station
Chatham Lift Station
Port Clinton Road Lift Station
Jackson Drive Stormwater Lift Station
Route 22 Lift Station
Linden Lane Lift Station
Johnson Drive Lift Station
825 Commerce Court
345 North Arlington Heights Road
120 Horatio Boulevard
400 LaSalle Lane
15 South McHenry Road
150 Raupp Boulevard
Buffalo Grove Rd. @ Whispering Oaks Dr.
Buffalo Grove Rd. @ Golfview
Lake Cook Road @ Buffalo Grove Rd.
Kingsbridge Way @ Brandywyn
501 North Arlington Heights Road
525 North Arlington Heights Road
600 Lake Cook Road
Hole #16
Hole #18
Dundee Road @ Lake Boulevard
Dundee Road @ Weidner Road
Port Clinton Road @ Sandalwood Road
Schoenbeck Road @ Anthony
Half Day Road (Rt. 22) @ Applehill
Linden Lane @ Praque
Johnson Drive @ Lake Cook Road
Notes to Institutional Network Connection Locations:
* - Locate Drop at West Side of Parcel
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF UFFALO GROV
THIS -Z DAY OF , 19 'L•
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Cook & La e Counties, Il 'n is,
this day of , 19
Village Clerk
By
Deputy Village Clerk
1.
ORDINANCE NO. 97- 19
AN ORDINANCE APPROVING A CABLE
TELEVISION FRANCHISE AGREEMENT
BETWEEN THE VILLAGE OF BUFFALO GROVE
AND CONTINENTAL CABLEVISION OF
NORTHERN ILLINOIS, INCORPORATED
WHEREAS, the Village of Buffalo Grove is a member of the Regional Cable Group,
consisting of the municipalities of the Village Buffalo Grove, the Village of Elk Grove Village,
the Village of Hoffman Estates, the Village of Palatine, and the City of Rolling Meadows, and
WHEREAS, the Regional Cable Group represents its members on matters pertaining to
cable TV and franchise issues, and
WHEREAS, the Regional Cable Group had received from Continental a request for
renewal of the cable franchise in 1993 and opted to enter into the formal three -year cable
television franchise renewal process as provided in the Cable Act of 1984, and
WHEREAS, the needs assessments, performance reviews, cable communications
ordinance formulation and franchise renewal negotiations have all now concluded, and
WHEREAS, a cable franchise agreement has been set forth and agreed to by the
Regional Cable Group and Continental Cablevision of Northern Illinois, Inc., and
WHEREAS, the provisions of the Franchise Agreement meet the requirements
established in Ordinance No. 97 -5, the Village's Cable Communications ordinance, and
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
and approval.
AYES: 5 - Marienthal, Reid, Rubin, Hendricks. Glover
NAYES: 0 - None ABSENT: 1 - Braiman
PASSED: February 24, 1997APPROVED: February 24, 1997
ATTEST: APPRO
Ilage Clerk . SIDNEY H. MATHIAS, Village President
i t