Ordinance 2806CITY OF ALAMEDA ORDINANCE NO. 2806
New Series
GRANTING A NON-EXCLUSIVE CABLE COMMUNICATIONS FRANCHISE
TO CITY OF ALAMEDA BURAU OF ELECTRICITY
a. ALAMEDA POWER & TELECOM
FOR A PERIOD OF FIVE YEARS
WHEREAS , the City of Alameda Bureau of Electricity d.a. Alameda Power & Telecom
(hereinafter "Grantee " or "Bureau ). has submitted an application to construct a cable
communications system within the City and to provide cable television and other
communications services to the City s residents; and
WHEREAS , the City Council of the City of Alameda has encouraged staff to seek out
competition for cable television and other communications services; and
WHEREAS , Grantee will provide Alameda subscribers with access to a minimum of75
additional programmed chanels of video services , and anticipates providing other cable
communications services including, but not limited to internet access service; and
WHEREAS , the Bureau has the legal capability of constructing this system and
providing the contemplated services , by virte of an amendment to the City Charter approved
by the voters in November 1998 , and Resolution No. 4380 by the Public Utilities Board; and
WHEREAS , the City Council herewith finds that this grant of franchise is a
ministerial action exempt from environmental review pursuant to Public Resources Code 9
21080 (b) (1) and Section 15369 oftheCEQA Guidelines; and
WHEREAS , The City of Alameda City Council , having determined that the financial
legal , and technical ability of the Grantee is reasonably suffcient to construct the proposed cable
communications system and to provide staffng, facilities , and equipment necessary to provide
the services proposed, desires to enter into this Franchise Agreement with the Grantee for the
construction and operation of a cable communications system on the terms set forth herein.
NOW, THEREFORE , BE IT ORDAIND by the Council of the City of Alameda that:
SECTION
Franchise Agreement.
Short Title . This Ordinance shall be known as the Bureau of Electrcity
SECTION 2 Grant of Franchise . This Ordinance is enacted pursuant to the authority
provided in , and all the provisions , terms and conditions of Ordinance No. 2065. This Franchise
Agreement , hereinafter referred to as the "Franchise , is between the City of Alameda , a
California municipal corporation , hereinafter referred to as "Franchising Authority , and the
Bureau of Electricity, City of Alameda , hereinafter referred to as "Grantee.
SECTION 3.Definition of Terms.
Definitions . For the purpose of this Franchise , the following terms , phrases , words , and
abbreviations shall have the meanings ascribed to them below. When not inconsistent with the
context , words used in the present tense include the future tense , words in the plural number
include the singular number , and words in the singular number include the plural number:
A. "Abandon" or "Abandonment" shall mean the surrender, relinquishment or
disclaimer of property or rights to operate a cable system , or any portion thereof, serving
a substantial geographic area of its customer base , evidenced by discontinued use for a
period of at least twelve (12) consecutive months and lack of any significant evidence of
an intent to resume use of such property.
B. "Affiliate " means a Person that (directly or indirectly) owns or controls , is owned
or controlled by, or is under common ownership or control with , another Person. For
purposes of this paragraph , the term "own" means to own an equity interest (or the
equivalent thereof) of more than 10 percent.
C. "Attributable To , for purposes of determining Gross Revenues , means all
revenues arising from , attributable to , or derived from or by reason of the Grantee
operation of the cable communications system , including, but not limited to , the
following:
(1) Any activity, product or service which generates revenue of any type
whatsoever and which is offered to Subscribers of the Cable Communications
Service by means of the Cable Communications Service or any related service;
(2) Any activity, product or service which is revenue producing and is offered
to the Subscribers of the Cable Communications Service by any medium other
than the Cable Communications Service including, but not limited to , direct mail
and home delivery, if the Cable Communication Service s Subscriber list or any
portion thereof is utilized for purposes of solicitation;
(3) Any activity, product or service in the production or provision of which
any of the assets of the Cable Communications Facilities are included or utilized
unless reasonable consideration is paid to the Telecommunications Operator for
such utilization;
(4) Any programming or other service offered to the citizens of Alameda
County within the term of the License or Franchise by any means of delivery
whatsoever where such programming or other service is or could be offered by
means of the Cable Communications Service; and
(5) Any activity, product or service which generates revenue of any type
whatsoever from sources other than Subscribers including, but not limited to
sales of advertising on the Cable Communications Service or associated
publications , and commissions or payments received from programmers utilizing
the Cable Communications Service.
D. "Basic Cable " is the lowest priced tier of service that includes the retransmission
of local broadcast television signals.
E. "Cable Act" collectively means the Communications Act of 1934 , the Cable
Communications Policy Act of 1984 and the Cable Television Consumer Protection and
Competition Act of 1992 , as amended by the Telecommunications Act of 1996 and as
may be further amended , from time to time.
F. "Cable Communications System" means all Telecommunications Facilities
including software, utilized by Grantee in providing the Telecommunications Service or
the transmission, between or among points specified by the Grantee , of information of the
Grantee s choosing, without change in the form or content of the information as sent and
received.
G. "Cable Services " shall mean (A) theone-way transmission to. subscribers of (I)
video programming, or (ii) other programming service, and (B) Subscriber interaction , if
any, which is required for the selection or use of such video programming or other
programing, cable Internet services , as long as such services are considered cable
services under the federal law, or (D) any other one-way or two-way services which
utilize the cable system , as long as such services are considered cable services under
federal law and are not regulated under Title II of the Communications Act.
H. "Cable System " shall mean a facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment that is designed
to provide Cable Service which includes video programming and which is provided to
multiple Subscribers within a community, but such term does not include (A) a facility
that serves only to retransmit the television signals of one or more television broadcast
stations; (B) a facility that serves Subscribers without using any Public Way; (Q a facility
of a common carrier which is subject, in whole or in part, to the provisions of title II of
the Cable Act , except that such facility shall be considered a Cable System (other than for
purposes of Section 62l(c)) to the extent such facility would not be covered by Title II of
the Cable Act; (D) an open video system that complies with Section 653 of title VI of the
Cable Act; or (E) any facilities of any electric utility used solely for operating its electric
utility system.
1. "FCC" means Federal Communications Commission , or successor governental
entity thereto.
Financial Interest" shall include the following:
(1) The ownership of any equity interest (or equivalent thereof) of more than
10 percent;
(2) Any contract in which the Grantee or any Affiliate thereof is to receive a
percentage of the Gross Revenues and/or a percentage ofthe net income of the
other party to the transaction by reason of the activities encompassed by said
contract;
(3) Any debt relationship in which the Grantee or any Affiliate thereof as
debtor borrows funds at a rate more advantageous than that generally available to
similarly situated entities of similar credit worthiness;
(4) Any debt relationship in which the Grantee or any Affliate thereof as
creditor receives a rate of interest exceeding that which would otherwise be paid
by a similarly situated debtor of similar credit worthiness;
(5) Any option or warrant to purchase the stock or other equity interest in any
entity or Affiliate which generates revenues Attributable To the operation of the
Cable Communications System.
(6) Any debt relationship which has conversion privileges for a form of equity
of the nature described in subsection (5) above.
K. "Franchise " shall mean the initial authorization , or renewal thereof, issued by the
Franchising Authority, whether such authorization is designated as a franchise , permit
license , resolution , contract , certificate , or otherwise , which authorizes construction and
operation of the Cable System.
L. "Franchising Authority " means the City of Alameda , a California municipal
corporation , or the lawful successor, transferee , or assignee thereof.
M. "Grantee " means the Bureau of Electricity, City of Alameda , or the lawful
successor , transferee , or assignee thereof.
N. "Gross Revenues " means any and all cash , credits , property or other consideration
of any kind or nature received directly or indirectly by the Grantee , its Affliates , or any
entity in which such Grantee has a Financial Interest , arising from , Attributable To , or in
any way derived from the operation of Grantee s telecommunications system. Gross
Revenues shall be the basis for computing the franchise fees imposed pursuant to Section
6 hereof, and any other fee permitted by law. Gross Revenues shall not include any taxes
on services furnished by the Grantee which are imposed upon any subscriber or used by
the State , County, City or other governental unit and collected by the Grantee on behalf
of said governental unit and which the Grantee passes on in full to the applicable tax
authority or authorities. Any franchise fee or other fee paid to the City under this
Franchise is not such a tax.
O. "Person " means an individual , company, partnership, association , joint stock
company, trust , corporation , or governental entity.
P. "Public Way " shall mean the surface of, and the space above and below , any
public street , highway, freeway, bridge , land path , alley, court , boulevard , sidewalk
parkway, way, lane , public way, drive , circle , or other public right-of-way, including, but
not limited to , public utility easements , dedicated utility strips , or rights-of-way dedicated
for compatible uses and any temporary or permanent fixtures or improvements located
thereon now or hereafter held by the Franchising Authority in the Service Area which
shall entitle the Franchising Authority and the Grantee to the use thereof for the purpose
of installing, operating, repairing, and maintaining the Cable System. Public Way shall
also mean any easement now or hereafter held by the Franchising Authority within the
Service Area for the purpose of public travel , or for utility or public service use dedicated
for compatible uses , and shall include other easements or rights-of-way as shall within
their proper use and meaning entitle the Franchising Authority andthe Grantee to the use
thereoffor the purposes of installing and operating the Grantee s Cable System over
poles , wires , cables , conductors , ducts , conduits , vaults , manoles , amplifiers , appliances
attachments , and other property as may be ordinarily necessary and pertinent to the Cable
System.
Q. "Service Area " means the present municipal boundaries of the Franchising
Authority, including that area formerly known as the Alameda Naval Air Station (NAS),
and the Fleet Industrial Supply Center (FISC) and shall include any additions thereto by
annexation or other legal means.
R. "Subscriber " means a Person who lawfully receives services of the Cable System
with the Grantee s express permission.
S. "Telecommunications Service" means the offering of Telecommunications for a
fee directly to the public , or to such classes of users as to be effectively available directly
to the public , regardless of the facilities used.
SECTION 4 Grant of Franchise. The Franchising Authority hereby grants to the
Grantee a nonexclusive Franchise which authorizes the Grantee to construct and operate a Cable
Communications System in, along, among, upon , across , above , over, under, orin any manner
connected with Public Ways within the Service Area and for that purpose to erect , install
construct , repair, replace, reconstruct, maintain , or retain in , on, over, under , upon , across , or
along any Public Way and all extensions thereof and additions thereto , such poles , wires , cables
conductors , ducts , conduits , vaults , manholes , pedestals , amplifiers , appliances , attachments , and
other related property or equipment as may be necessary or appurtenant to the Cable System.
Nothing in this Franchise shall be construed to permit the Franchising Authority to restrict or
limit Grantee s right to offer any service over its Cable Communications System in a manner
which is prohibited under federal or state law.
Term . The Franchise granted hereunder shall be for an initial term of five (5) years
commencing on the effective date of the Franchise as set forth in Section 11.8 , below , unless
otherwise lawfully terminated in accordance with the terms of this Franchise.
4.2 Extension of Franchise . Franchising Authority may at its sole discretion upon the
conclusionofthe five (5) year term , grant a one time 5 year extension of this Franchise to the
Grantee , provided that all terms and conditions of this Franchise have been met.
SECTION 5 Standards of Service
Conditions of Street Occupancy . All transmission and distribution structures , poles , other
lines , and equipment installed or erected by the Grantee pursuant to the terms hereof shall be
located so as to cause a minimum of interference with the proper use of Public Ways and with
the rights and reasonable convenience of property owners who own property that adjoins any of
such Public Ways.
5.2 Restoration of Public Ways . If during the course of the Grantee s construction, operation
or maintenance ofthe Cable System there occurs a disturbance of any Public Way by the
Grantee , it shall , at its expense , replace and restore such Public Way to a condition reasonably
comparable to the condition of the Public Way existing immediately prior to such disturbance.
Repairs must be made in accordance with current City specifications.
Relocation at Request of the Franchising Authority . Upon its receipt of reasonable
advance notice , which notice shall not be less than fifteen (15) business days , the Grantee shall
at its own expense , protect , support , temporarily disconnect , relocate in the Public Way, or
remove from the Public Way, any property ofthe Grantee when lawfully required by the
Franchising Authority by reason of traffc conditions , public safety, street abandonment , freeway
and street construction , change or establishment of street grade , installation of sewers , drains , gas
or water pipes , or any other type of structures or improvements by the Franchising Authority
provided , however, the Grantee shall not be required to pay for any relocation , or removal of any
of its property or the restoration of the Public Ways due to the relocation or removal of any of its
property which may be solely related to the construction, installation , and maintenance ofa
municipally owned or funded cable and/or telecommunications system(s). The Grantee shall in
all cases have the right of Abandonment of its property. If public funds are available to any
Person using such street , easement, or right of way for the purpose of defraying the cost of any of
the foregoing, Grantee may make application for such funds on its own behalf.
5.4 Relocation at Request of Third Party . The Grantee shall , on the request of any Person
holding a building moving permit issued by the Franchising Authority, temporarily raise or lower
its wires to permit the moving of such building, provided: (a) the expense of such temporary
raising or lowering of wires is paid by said Person, including, if required by the Grantee , making
such payment in advance; and (b) the Grantee is given not less than fifteen (15) business days
advance written notice to arrange forsuch temporary wire changes.
Trimming of Trees and Shrbbery. The Grantee shall have the authority to cause the
trimming of trees or other natural growth overhanging any of its Cable System in the Service
Area so as to prevent branches from coming in contact with the. Grantee s wires , cables , or other
equipment. The Grantee shall use the Franchising Authority , or the Bureau of Electricity
fiscal year contractor for all tree and shrbbery trmming activities within the public right of way.
Grantee shall be biled directly by the fiscal year contractor for all requested tree or shrbbery
trimming at an amount not to exceed the amount charged to the Franchising Authority. Grantee
shall direct all requests for tree or.shrbberytrimming within the public right of way to the
public works service center of the Franchising Authority and any such request shall be processed
and scheduled within three days.
Safety Requirements . Construction , installation , and maintenance of the Cable System
shall be performed in an orderly and workmanlike manner. All such work shall be performed in
accordance with applicable FCC or other federal , state , and local regulations and the National
Electric Safety Code.
Aerial and Underground Construction . In those areas of the Service Area where all of the
transmission or distribution facilities of the respective public and municipal utilities providing
telephone and other communications and electric services are underground , the Grantee likewise
shall construct , operate , and maintain all of its transmission and distribution facilities
underground; provided that Grantee can establish to Franchise Authority s satisfaction that such
facilities are not actually capable of receiving the Grantee s cable and other equipment without
significant technical degradation of the Cable System s signal quality. In those areas of the
Service Area where the transmission or distribution facilities of the respective public and
municipal utilities providing telephone and other communications , and electric services are both
aerial and underground, the Grantee shall have the sole discretion to construct , operate , and
maintain all of its transmission and distribution facilities , or any part thereof, aerial or
underground. Nothing contained in this Section shall require the Grantee to construct , operate
and maintain underground any ground-mounted appurtenances such as Subscriber taps , line
extenders , system passive devices (splitters , directional couplers), amplifiers , power supplies
pedestals , or other related equipment. In the event technology advanced to allow active devices
underground , the Grantee may, in its sole discretion , exercise such option. Notwithstanding
anything to the contrary contained in this Section 5., in the event that all of the transmission or
distribution facilities of each of the respective public and municipal utilities providing telephone
and other communications and electric services are placed underground after the effective date of
this Franchise , the Grantee shall only be required to construct , operate , and maintain all of its
transmission and distribution facilities underground if it is given reasonable notice and access to
the public and municipal utilities ' facilities at the time that such are placed underground.
A. New Developments . The Franchising Authority shall provide the Grantee with
written notice ofthe issuance of building or development permits for planned
commercial/residential developments within the Service Area requiring undergroundingof cable
facilities. The Franchising Authority agrees to require as a condition of issuing the permit where
such condition can be lawfully imposed that the developer give the Grantee access to open
trenches for deployment of cable facilities and prior written notice of the date of availability of
trenches. Such notice must be received by the Grantee at least ten (10) business days prior to
such availability. The Grantee shall be responsible for engineering, deployment labor, and cable
facilities. Installation of treneh from utility easements to individual homes or other structures
shall be at the cost of the home/building owner or developer unless otherwise provided.
B. Local Improvement District.If an ordinance is adopted creating a local
improvement district which involves placing underground certain utilities including that of the
Grantee which are then located overhead , the Grantee shall participate in such underground
project and shall remove poles , cables and wires from the surface of the streets within such
district and shall place them underground in conformity with the requirements of the Franchising
Authority. The Grantee may include its costs of relocating facilities associated with the
undergrounding project in said local improvement district in its Subscriber s bills if allowed
under applicable Federal Rate Regulations.
C. Existing Non-Conforming Conditions . Any existing aerial cable plant that is
currently located in or crossing a non-aerial street , artery or underground district where Grantee
is the only entity that is still maintaining an aerial cable distribution system shall be placed
underground within the first six months of this franchise renewal.
D. Environmental Contamination . The Grantee shall be under no obligation to
provide Service to any location that may require any environmental remediation or cl an-up prior
to any construction , installation or maintenance ofthe Telecommunications System. Grantee
shall be responsible to any third parties for any liability which Grantee may incur under State or
Federal environmental or safety laws. However, Franchising Authority agrees not to sue Grantee
directly or join Grantee into any suit for environmental liability unless Grantee is a cause of such
liability.
Required Extensions of Service . The Cable Communications System , as proposed to be
constructed as of the effective date of the Franchise , substantially complies with the material
provisions hereof. Whenever the Grantee shall receive a request for Service from at least 15
residences and/or commercial establishments within.1320 cable-bearing strand feet (one-quarter
cable mile) of its trunk or distribution cable , it shall extend its Cable Communications System to
such Subscribers at no cost to said Subscribers for Cable Communications System extension
other than the usual connection fees for all Subscribers; provided that such extension is
technically feasible , or as provided for under Section 5.9 of this Franchise.
ActualConstruction Subscribersrantee ontrz utlOn miles
Subscriber Charges for Extensions of Service . No Subscriber shall be refused service
arbitrarily. However, for unusual circumstances , such as a Subscriber s request to locate hislher
cable drop underground , existence of more than 150 feet of distance from distribution cable to
connection of service to Subscribers , or a density of less than 15 residences and/or commercial
establishments per 1320 cable-bearing strand feet of trunk or distribution cable , service may be
made available on the basis of a capital contribution in aid of construction , including and limited
to cost of material , labor , and easements. For the purpose of determining the amount of capital
contribution in aid of construction to be borne by the Grantee and Subscribers in the area in
which service may be expanded , the Grantee will contribute an amount equal to the construction
and other costs per mile , multiplied by a fraction whose numerator equals the actual number of
requesting residences or commercial establishments per 1320 cable-bearing strand feet of its
trunks or distribution cable , and whose denominator equals 15 residences and/or commercial
establishments. Subscribers who request service hereunder will bear the remainder of the
construction and other costs on a pro rata basis. The Grantee may require that the payment of
the capital contribution in aid of construction borne by such potential Subscribers be paid in
advance.
10 Service to Public Buildings . The Grantee shall , upon request , provide without charge
one outlet of Basic Service to those Franchising Authority offices , fire station(s), police
station(s), and public school building(s) as set forth in Exhibit A , attached hereto and made a part
hereof. In order to accommodate the relocation of City facilities , the Grantee shall provide
within three (3) months of the effective date of this Franchise one outlet of Basic Service to all
newly relocated City facilities as set forth in Exhibit B , attached hereto and made a part hereof.
The outlets of Basic Service shall not be used to distribute or sell services in or throughout such
buildings , nor shall such outlets be located in areas open to the public. The Franchising Authority
shall take reasonable precautions to prevent any use of the Grantee s Cable Communications
System in any manner that results in the inappropriate use thereof or any loss or damage to the
Cable Communications System. Users of such outlets shall hold the Grantee harmless from any
and all liability or claims arising out of their use of such outlets , including but not limited to
those arising from copyright liability. If additional outlets of Basic Service are provided to such
buildings , the building owner shall pay the usual installation fees associated therewith , including,
but not limited to , labor and materials. The implementation ofthe drop policy shall not be
interpreted as "non-capital payments" requiring or allowing Grantee to offset the costs against
the franchise fee.
Emergency Use
A. In accordance with and at the time required by the provisions of FCC Regulations
Part 11 , subpart D , Section l1.5l(g)(1), and as such provisions may from time to time be
amended , the Grantee shall install , if it has not already done so , and maintain an Emergency
Alert System (EAS) for use in transmitting Emergency Act Notifications (EAN) and Emergency
Act Terminations (EAT) in local and state-wide situations as may be designated to be an
emergency by the Local Primary (LP), the State Primary (SP) and/or the State Emergency
Operations Center (SEOC), as those authorities are identified and defined within FCC Reg.
Section 11.51. Grantee will activate return plant , provide modulation equipment, and purchase
and install necessary switching equipment to enable live video feeds to the cable system
emergency alert system directly from the City s Main Emergency Operations Center.
B. The Franchising Authority shall permit only appropriately trained and authorized
persons to operate the EAS equipment and shall take reasonable precautions to prevent any use
of the Grantee s Cable Communications System in any manner that results in inappropriate use
thereof, or any loss or damage to the Cable System. In the event the Grantee provides emergency
use equipment , the Grantee shall , upon request , periodically provide training on said equipment.
Except to the extent expressly prohibited by law , the Franchising Authority shall hold the
Grantee, its employees , offcers and assigns harmless from any claims arising out of the
emergency use of its facilities by or for the Franchising Authority, including, but not limited to
reasonable attorneys ' fees and costs , provided that such claims were not due to any negligence on
the part of the Grantee.
Customer Service Standards.
Cable System Office Hours and Telephone Availability
(1) Throughout the term of this Franchise , the Grantee must maintain a
local office location. The office must be open during Normal Business Hours as defined herein
and accessible for customers to make payments and exchange , return or pick up cable equipment.
When there are two or more customers waiting for service at the public counter, another
customer service representative wil be called to the counter to assist whenever one is reasonably
available.
(2) The Grantee wil maintain a local , toll-free or collect call telephone
access line that will be available to Subscribers 24 hours a day, seven days a week.
(I) Trained representatives ofthe Grantee will be available to respond
to customer telephone inquiries during Nonnal Business Hours.
(ii) After Normal Business Hours , an access line wil beavailable to be
answered by a service or an automated response system , including a phone answering system.
Inquiries received after Normal Business Hours must be responded to bya trained representative
of the Grantee on the next business day.
(3) Under Normal Operating Conditions , as defined herein, telephone
answer time by a trained representative ofthe Grantee , including wait time , wil not exceed thirty
(30) seconds when the connection is made. If the call needs to be transferred , transfer time wil
not exceed thirty (30) seconds. These standards wil be met no less than 90 percent of the time
under Normal Operating Conditions , as measured by the Grantee on a quarterly basis.
(4) The Grantee shall not be required to acquire equipment or perform
surveys to measure compliance with the telephone answering standards set forth above unless an
historical record of complaints indicates a clear failure to comply with such standards.
(5) Under Normal Operating Conditions , the customer will receive a busy
signal less than three (3) percent of the time.
(6) Customer service center and bil payment locations wil be open at least
during Normal Business Hours and will be conveniently located.
(7) Grantee shall maintain a data base , or log, listing date of customer
complaints identifying the subscriber and describing the nature of the complaint, and when and
what action was taken by the Grantee in response thereto. Said records shall be kept accessible
at the Grantees local offce and be accurate for a period of three years.
B. Installations. outages and service calls . Under Normal Operating Conditions
each ofthe following standards will be met no less than ninety five (95) percent of the time , as
measured by the Grantee on a quarterly basis:
(1) Standard installations wil be performed within seven (7) business days
after an order has been placed. "Standard" installations are those installations that are located up
to 125 feet from the existing distribution system.
(2) Excluding conditions beyond its control , the Grantee will begin
working on Service Interrptions , as defined herein:
(I) Immediate response and priority correction of an outage affecting a
critical circuit as designated by the Grantor.
(ii) A call involving loss of reception on all channels wil be
dispatched to the field immediately. If the loss of reception on all channels affects five (5) or
more customers , at any time of the day or night , repairs wil be commenced immediately and
pursued diligently. Total loss of reception involving less than five (5) customers will be
corrected on the same day received except ifreported after 9:00 p.; in which case , correction
may be postponed to the following day. The majority of all outages (total loss of reception on all
channels) will be corrected in four (4) to eight (8) hours or less.(iii). The majority of calls involving degraded reception or
signal channel outage wil be handled on the same business day if received prior to 9:00 p.m. In
all cases such servce calls will be handled no later than the following day.
(3) The Grantee will provide "appointment window " alternatives for
installations , service calls , and other installation activities , which will be either a specific time or
at maximum , a four (4) hour time block during Normal Business Hours (Grantee may schedule
service calls and other installation activities outside of Normal Business Hours for the express
convenience of the customer).
(4) The Grantee shall not cancel an appointment with a Subscriber after the
close of business on the business day prior to the scheduled appointment.
(5) If a representative of the Grantee is running late for an appointment
with a Subscriber and will not be able to keep the appointment as scheduled , the Subscriber will
be contacted. The appointment wil be rescheduled , as necessary, at a time that is convenient for
the Subscriber.
Communications between the Grantee and Subscribers
(1)Notifications to Subscribers:a. The Grantee shall provide written information on each of the following
areas at the time of installation of service , at least annually to all Subscribers , and at any time
upon request:
products and services offered;ii. prices and options for services and conditions of subscription to
programming and other services;
111.installation and service maintenance policies;
IV.instructions on how to use the service;
channel positions of programming carred on the Telecommunications
System; and
vi. billng and complaint procedures , including the address and telephone
number of the local Franchising Authority s office.b. Customers wil be notified of any changes in rates , programming
services or channel positions as soon as possible through announcements on the Cable
Communications System and in writing. Notice wil be given to Subscribers a minimum of
thirty (30) days in advance of such changes if the change is within the control ofthe Grantee. In
addition , the Grantee shall notify Subscribers thirty (30) days in advance of any significant
changes in the other information required by the preceding paragraph. Notwithstanding anything
to the contrary in this Section 5., the Grantee shall not be required to provide prior notice of
any rate change resulting from a regulatory fee , franchise fee , or any other fee , tax , assessments
or charge of any kind imposed by any Federal agency, State or Franchising Authority on the
transaction between the Grantee and the Subscriber. If Subscribers decrease their level of cable
service as a result of an increase in cable rates within thirty (30) days of such increase , then the
Subscriber may not be charged for such decrease in service. All notices to Subscribers regarding
rate increases will advise Subscribers of such information.
(2)Billing:
a. Bills will be clear, concise and understandable. Bills will be fully
itemized, with itemizations including, but not limited to , basic and premium service charges and
equipment charges. Bils wil also clearly delineate all activity during the biling period
including optional charges , rebates and credits.
b. In case of a biling dispute , the Grantee will respond to a written
complaint from a Subscriber within thirty (30) days from receipt of the complaint.
c. Refund checks will be issued promptly, but no later than either (I)
the Subscriber s next biling cycle following resolution of the request or 30 days , whichever is
earlier , or (ii) the return of the equipment supplied by the Grantee if service is terminated.
d. Credits for service will be issued no later than the Subscriber s next
billing cycle following the determination that a credit is warranted.
(3)
definitions shall apply:
Definitions : For purposes of this Section 5., the following
a. Normal Business Hours - The term "Normal Business Hours
means those hours during which most similar businesses in the community are open to serve
Subscribers. In all cases , Normal Business Hours " shall include some evening hours at least one
night per week and/or some weekend hours. ?Normal Business Hours shall be no less than a nine
(9) hour period on any business day which falls on any weekday Monday through Friday, and a
five (5) hour period on any Saturday. The Grantee will notify its Subscribers and the Franchising
Authority of its Normal Business Hours.
b. Normal Operating Conditions - The term "Normal Operating
Conditions " means those service conditions that are within the control of the Grantee. Those
conditions which are not within the control of the Grantee include , but are not limited to , natural
disasters , civil disturbances , power outages , telephone network outages , and severe or unusual
weather conditions. Those conditions which are ordinarily within the control of the Grantee
include , but are not limited to , special promotions , pay-per-view events , rate increases , rcgular
peak or seasonal demand periods , and maintenance or upgrade ofthe Cable System.
c. Service Interrption - The term "service interrption " means the
loss of picture or sound on one or more channels.
Common Carrier Limitation - The Grantee shall not be required to provide any service if the
provision of such service subjects the Grantee to regulation by any governental agency such as
a utility or common carrier.
D. Grantee hereby agrees to abide by any amendments to these customer service
regulations and all other customer service regulations lawfully adopted by the Franchising
Authority from time to time.
13 Open Access. The Grantee shall offer non-discriminatory access to the Grantee
broadband cable service platform to Internet Service Providers ("ISPs ), whether or not such
ISPs are affiiated with the Grantee , unless otherwise required by applicable federal , state or local
law. Grantee shall adopt equipment and technical specifications which make such access by
affliated or non-affiliated ISPs cost-effective , and readily available and accessible , whether it be
through equipment co-location , access to its Cable Modem Terminal System (CMTS), or other
methodes). It is the intent of this provision that Grantee s subscribers shall have access to the
internet through a wide choice ofISPs , and Grantee acknowledges this goal and shall cooperate
in achieving such competition.
SECTION 6 Regulation by the Franchising Authority
Franchise Fee.
A. As consideration for the Grantee s occupation and use of the public rights of way
and other public property, the Grantee shall pay to the Franchising Authority a franchise fee
equal to five (5) percent of Gross Revenues (as defined in Section 3.1 of this Franchise) received
by the Grantee from the ownership and/or operation of the Cable Communications System and
the provision of Telecommunications Services , to the extent permitted by law. Revenues from
Internet services offered by the Grantee and bandwidth leased to affiiated or unaffiliated Internet
Service Providers shall be subject to the franchise fee levy, to the extent permitted by law. For
the purpose of this Section 6., the l2-month period applicable under the Franchise for the
computation of the franchise fee shall be a fiscal year. The franchise fee payment shall be due
quarterly and payable forty-five (45) days after the close of the preceding quarter. Late fees may
not be applied except and unless the fourth quarter payment , or any other quarterly payment due
that year , is paid beyond forty-five (45) days after the conclusion of the fiscal year. Each
payment shall be accompanied by a brief report from a representative of the Grantee showing the
Grantee s Gross Revenues , the source(s) thereof, and the basis for the computation.
B. Limitation on Franchise Fee Actions. The period oflimitation in which to commence
a lawsuit for recovery of any alleged Franchise Fee overpayment made to the Franchising Authority
for any reason shall be three (3) years from the date on which payment by the Grantee is due. The
period of limitation for collection by the Franchising Authority of unpaid amounts , including
Franchise Fees , shall be the same period as that provided by law for the collection of unpaid federal
income taxes.
6.2 Rates and Charges . The Frarlchising Authority may regulate rates for the provision of Basic
Cable television service and associated equipment as permitted by applicable law , including City
of Alameda Ordinance No. 2660.
Renewal of Franchise.
A. The Franchising Authority and the Grantee agree that any proceedings undertaken
by the Franchising Authority that relate to the renewalofthe Grantee s Franchise shall be
governed by and comply with the provisions of Section 626 of the Cable Act , as amended , unless
the procedures and substantive protections set forth therein shall be deemed to be preempted and
superseded by the provisions of any subsequent provision of federal or state law.
B. In addition to the procedures set forth in Section 626(a) of the Cable Act , the
Franchising Authority agrees to notify the Grantee of an of its assessments regarding the identity
of future cable-related community needs and interests , as well as , the past performance of the
Grantee under the then current Franchise term. The Franchising Authority further agrees that any
such assessments shall be provided to the Grantee promptly so that the Grantee has adequate
time to submit a proposal under Section 626(b) of the Cable Act and complete renewal of the
Franchise prior to the expiration of its current Franchise term. Notwithstanding anything to the
contrary set forth in this Section 6.3 , the Grantee and the Franchising Authority agree that at any
time during the term of the then current Franchise , while affording the public appropriate notice
and opportunity to comment , the Franchising Authority and the Grantee may agree to undertake
and finalize informal negotiations regarding renewal of the then current Franchise and the
Franchising Authority may grant a renewal thereof. The Grantee and the Franchising Authority
consider the terms set forth in this Section 6.3 to be consistent with the express provisions of
Section 626 of the Cable Act.
6.4 Conditions of Sale . If a renewal or extension of the Grantee s Franchise is denied or the
Franchise is lawfully terminated , and the Franchising Authority either lawfully acquires
ownership of the Cable Communications System or by its actions lawfully effects a transfer of
ownership ofthe Cable Communications System to another pary, any such acquisition or
transfer shall be at the price determined pursuant to the provisions set forth in Section 627 of the
Cable Act.
The Grantee and the Franchising Authority agree that in the case of a final
determination of a lawful revocation of the Franchise , at the Grante s request , and with the
consent of the Franchise Authority which shall not be umeasonably with held, the Grantee shall
be given a reasonable opportunity to effectuate a transfer of its Cable Communications System to
a qualified third party. The Franchising Authority further agrees that during such a period of
time , it shall authorize the Grantee to continue to operate the Cable Communications System
pursuant to the terms of its prior Franchise; however, in no event shall such authorization exceed
a period of time greater than six (6) months from the effective date of such revocation. If, at the
end of that time , the Grantee is unsuc cessful in procuring a qualified transferee or assignee of its
Cable Communications System which is reasonably acceptable to the Franchising Authority, the
Grantee and the Franchising Authority may avail themselves of any rights they may have
pursuant to federal or state law; it being further agreed that the Grantee s continued operation of
its Cable Communications System during the six month period shall not be deemed to be a
waiver, nor an extinguishment of, any rights of either the Franchising Authority or the Grantee.
Transfer of Franchise . The Grantee s right , title , or interest in the Franchise shall not be
sold , transferred , assigned , or otherwise encumbered , other than to an entity controlling,
controlled by, or under common control with the Grantee , without the prior consent of the
Franchising Authority, which consent not to beumeasonably withheld. Within thirty (30) days
of receiving a request for transfer, the Franchising Authority shall , in accordance with FCC rules
and regulations , notify the Grantee in wrting of the information it requires to determine the
qualifications of the transferee. If the Franchising Authority has not taken action on the
Grantee s request for transfer within one hundred twenty (120) days after receiving such request
consent by the Franchising Authority shall be deemed given. Outstanding Franchise Fees shall
become due and payable upon the sale or transfer ofthe Franchise.
Transfer Fee . Grantee agrees to compensate Franchising Authority for the reasonable
costs and expenses of reviewing any Grantee request for transfer of the Franchise , including all
reasonable legal costs.
SECTION 7 Administration
Audit and Books and Records . The Grantee agrees that the Franchising Authority upon
reasonable prior written notice to the Grantee may review such of its books and records at the
Grantee s business office , during normal business hours and on a nondisruptive basis , as is
reasonably necessary to ensure compliance with the terms of the Franchise. Such records shall
include , but shall not be limited to , any public records required to be kept by the Grantee
pursuant to the rules and regulations ofthe FCC. In the event any audit by the Franchising
Authority reveals an under reporting of Gross Revenues equal to two percent (2%) or more of the
amount reported , Grantee agrees to reimburse the Franchising Authority for all costs and fees
incurred in performing said audit.
Technical Standards . The Grantee shall be responsible for insuring that the
Telecommunications System is designed, installed and operated in a manner that fully complies
with federal law. As provided in these rules , the Franchising Authority shall have , upon request
the right to examine a copy oftest results and records required in accordance with such rules.
7.2 Periodic Review . From the effective date of this Franchise , the Franchising Authority
may request Grantee conduct performance reviews , which provide an opportunity to address the
provisions of this Franchise. Such performance reviews shall occur, upon prior written notice
from the Franchising Authority, at three-year intervals during the Term of this Franchise. These
reviews shall not involve a reexamination ofthisFranchise but may include consideration of the
following:
Grantee s compliance with the terms and conditions of this Franchise.
B. The nature and extent of Subscriber s complaints and Grantee s effectiveness in
responding to the complaints.
The operation, adequacy and quality of services offered by Grantee.
D. Changes in cable communication technologies and services and an evaluation of
the degree to which the Cable Communications System and related services conform to the state-
of-the-art.
E. Changes in state and federal laws and regulations which impact the operation of
the Cable Communications System.
Ninety (90) days prior to the scheduled review , the City may require the Grantee to submit a
report describing Grantee s compliance with this Franchise and any additional information that is
reasonable and appropriate to the scope of the review. Grantee shall submit the report within
sixty (60) days after the City s written request for such report.
Review of Documents : In the event that information is requested by the Franchising
Authority pursuant to Sections 7., 7., or 7., the Franchising Authority wil be allowed to
examine information regarding operating practices , technical performance , and customer
response performance as it relates only to compliance with this franchise. The Grantee is not
required to provide the Franchising Authority with information regarding Grantee s marketing
strategy and/or records related to the profies or consumer habits of Grantee s customers.
SECTION 8 Insurance and Indemnification
Insurance Requirements . On or before the commencement of the term of this Agreement
Grantee shall furnish City with certificates showing the type , amount , class of operations
covered , effective dates and dates of expiration of insurance coverage in compliance with
paragraphs S., B , C, D and E. Such certificates , which do not limit Grantee s indemnification
shall also contain substantially the following statement: "Should any of the above insurance
covered by this certificate be canceled or coverage reduced before the expiration date thereof, the
insurer affording coverage shall provide thirty (30) days ' advance written notice to the City
Alameda by certified mail , Attention: Risk Manager.It is agreed that Grantee shall
maintain in force at all times during the performance of this Agreement all appropriate coverage
of insurance required by this Agreement with an insurance company that is acceptable to City
and licensed to do insurance business in the State of California. Endorsements naming the City
as additional insured shall be submitted with the insurance certificates.
A. COVERAGE
Grantee shall maintain the following insurance coverage:
(1) Workers ' Compensation
Statutory coverage as required by the State of California.
Liability
Commercial general liability coverage in the following minimum
(2)
limits:
Bodily Injury:$500 000
each occurrence
000 000
aggregate - all other
Property Damage: $100 000 each occurrence
$250 000 aggregate
If submitted , combined single limit policy with aggregate limits in the amounts of
000,000 wil be considered equivalent to the required minimum limits shown above.
(3) Automotive
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500 000 each occurrence
Property Damage: $100 000 each occurrence
Combined Single Limit:$500 000 each occurrence
B. SUBROGATION WAIVER
Grantee agrees that in the event of loss due to any of the perils for which it has agreed to
provide comprehensive general and automotive liability insurance , that Grantee shall look solely
to its insurance for recovery. Grantee hereby grants to City, on behalf ofany insurer providing
comprehensive general and automotive liability insurance to either Grantee or City with respect
to the services of Grantee herein, a waiver of any right to subrogation which any such insurer of
said Grantee may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILUR TO SECUR
If Grantee at any time during the term hereof should fail to secure or maintain the
foregoing insurance , City shall be permitted to obtain such insurance in the Grantee s name or as
an agent of the Grantee and shall be compensated by the Grantee for the costs of the insurance
premiums at the maximum rate permitted by law and computed from the date written notice is
received that the premiums have not been paid.
D. ADDITIONAL INSURD
City, its City Council, boards and commissions , officers , and employees shall be named
as an additional insured under all insurance coverages , except any professional liability
insurance , required by this Agreement. The naming of an additional insured shall not affect any
recovery to which such additional insured would be entitled under this policy if not named as
such additional insured. An additional insured named herein shall not be held liable for any
premium , deductible portion of any loss or expense of any nature on this policy or any extension
thereof. Any other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance provided by this policy.
SUFFICIENCY OF INSURNCE:
The insurance limits required by City are not represented as being suffcient to protect
Grantee. Grantee is advised to confer with Grantee s insurance broker to determine adequate
coverage for Grantee.
8.2 Indemnification . Except for loss , damages , liability, claims , suits , costs. and expenses
whatsoever, including reasonable attorneys ' fees , caused solely by the negligence ofthe City, its
City Council , boards and commissions , offcers and employees , Grantee shall indemnify, defend
and hold harmless City, its City Council , boards and commissions , officers and employees from
and against any and all loss , damages , liability, claims , suits , costs and expenses whatsoever
including reasonable attorneys ' fees , regardless of the merits or outcome of any such claim or suit
arsing from or in any manner connected to Grantee s negligent act or omission regarding
performance of services or work conducted or performed pursuant to this Agreement.
Except for loss , damages , liability, claims , suits , costs and expenses whatsoever
including reasonable attorneys ' fees , caused solely by the negligence of the City, its City Council
boards and commissions , officers and employees , Grantee shall indemnify, defend and hold
harmless City, its City Council , boards and commissions , offcers and employees from and
against any and all loss , damages , liability, claims , suits , costs and expenses whatsoever
including rcasonable attorneys ' fees , accruing or resulting to any and all persons , firms or
corporations furnishing or supplying work, services , materials , equipment or supplies arising
from or in any manner connected to the Grantee s negligent act or omission regarding
performance of services or work conducted or performed pursuant to this Agreement.
SECTION 9 Enforcement and Termination of Franchise
Notice of Violation . In the event that the Franchising Authority believes that the Grantee
has not complied with the terms ofthe Franchise, it shall notify the Grantee in writing ofthe
exact nature of the alleged noncompliance.
The Grantee s Right to Cure or Respond.The Grantee shall have thirty (30) days from
receipt of the notice described in Section 9.1 above: (a) to respond to the Franchising Authority,
contesting the assertion of noncompliance, or (b) to cure such default, or (c) in the event that , by
the nature of default , such default cannot be cured within the thirty (30) day period , initiate
reasonable steps to remedy such default and notify the Franchising Authority of the steps being
taken and the projected date that they wil be completed.
Public Hearing . In the event that the Grantee fails to respond to the notice described in
Section 9.1 above pursuant to the procedures set forth in Section 9.2 above , or in the event that
the alleged default is not remedied within thirty (30) days or the date projected pursuant to 9.2(c)
above , the Franchising Authority shall schedule a public hearing to investigate the alleged
default. Such public hearing shall be held at the next regularly scheduled meeting of the
Franchising Authority which is scheduled at a time that is no less than five (5) business days
thereftom. The Franchising Authority shall notify the Grantee in writing of the time and place of
such meeting and provide the Grantee with an opportunity to be heard.
9.4 Enforcement.Subject to applicable federal and state law , in the event the Franchising
Authority, after such meeting, determines that the Grantee is in default of any provision of the
Franchise , the Franchising Authority may:
A. Seek specific performance of any provision , which reasonably lends itself to such
remedy, as an alternative to damages;
Commence an action at law for monetary damages or seek other equitable relief;
C. In the case of a substantial default of a material provision of the Franchise , declare
the Franchise Agreement to be revoked in accordance with the following:
The Franchising Authority shall give written notice to the Grantee of its intent to
revoke the Franchise on the basis of a pattern of noncompliance by the Grantee , including one or
more instances of substantial noncompliance with a material provision of the Franchise. The
notice shall set forth the exact nature of the noncompliance. The Grantee shall have ninety (90)
days from receipt of such notice to object in writing and to state its reasons for such objection.
the event the Franchising Authority has not received a satisfactory response from the Grantee , it
may then seek termination of the Franchise at a public meeting. The Franchising Authority shall
cause to be served upon the Grantee , at least ten (10) days prior to such public meeting, a wrtten
notice specifying the time and place of such meeting and stating its intent to request termination
of the Franchise.
At the designated meeting, the Franchising Authority shall give the Grantee an
opportunity to state its position on the matter , after which it shall determine whether or not the
Franchise shall be revoked. The Grantee may appeal such determination to an appropriate court
which shall have the power to review the decision of the Franchising Authority. Such appeal to
the appropriate court must be taken within sixty (60) days of the issuance of the determination of
the Franchising Authority.
The Franchising Authority may, at its sole discretion , take any lawful action
which it deems appropriate to enforce the Franchising Authority s rights under the Franchise in
lieu of revocation of the Franchise.
Technical Violations . The parties hereby agree that it is not the Franchising Authority
intention to subject the Grantee to penalties , fines , forfeitures or revocation ofthe Franchise for
so-called "technical" breach(es) or violation(s) of the Franchise or local cable ordinance , which
shall include but are not limited to the following:
A. In instances or for matters where a violation or a breach by the Grantee of the
Franchise or local cable ordinance was good faith error that resulted in no or minimal negative
impact on the Subscribers within the Service Area; or
B. Where there existed circumstances reasonably beyond the control of the Grantee
and which precipitated a violation by the Grantee ofthe Franchise or local cable ordinance , or
which were deemed to have prevented the Grantee from complying with a term or condition of
the Franchise or local cable ordinance.
SECTION 10 Public. Educational and Governent Access
10.Minimum PEG Requirements . Grantee shall provide or financially support public
education and governent access to the following minimum requirements:
A. Channels: Reservc a channel on Grantee s cable television system to be used
solely for public access and local origination programming. A second channel to be used
solely for governent access and a third channel for the sole use of the Alameda Unified
School District shall also be reserved.
B. Studio: Provide space and resources in a local Alameda studio sufficient for
development of Public Access programming.
C. Equipment: Grantee wil have available suitable electronic equipment for use by
members of the community in the production, editing or live broadcasting of community
programing and wil maintain said equipment in satisfactory working order.
D. Internships: Offer a minimum of2 internships per year in the operation of a public
access studio and production of local origination programming.
E. Classes: Offer instrctional classes to members of the community who are
interested in producing public access programming.
F. Public Access Use: Accommodate all requests from Alameda residents public
access users at the local studio in a timely manner , not to exceed sixty (60) days from the
users ' request. The sixty (60) day time period shall not include any period of time during
which the public access user is receiving training for use of the studio and editing
equipment by the Grantee. Accommodation of additional users may be accomplished
through a number of means including but not limited to , finding time in the existing
schedule , purchasing additional equipment , constructing or acquiring additional studio
space , increasing equipment training activities , or any other reasonable method which
would increase the access or ability of the public to produce local programming within
the City of Alameda.
10.Jointly Supported Facilities
A. The City preserves its right to construct and operate , or contract for the operation
, a public access facility. At such time that the City constructs a public access facility any
Grantee operating a cable television distribution system within the City s jurisdiction wil
connect that respective head end to the origination point. Provided that at such time , the City
constructs such a facility, the Grantee wil no longer be required to provide Public Access
facilities in the City of Alameda. An EOC or Emergency Operating Center , is not considered an
access studio under the terms ofthis paragraph.
B. To the extent other Telecommunications Operators are providing cable television
services within the City of Alameda , and also obligated to provide PEG funding, equipment
facilities and training as required hereunder , said Telecommunications Operator(s) and Grantee
herein may, with the prior written approval of the City, coordinate provision of such PEG
obligations. The City retains the right , in its sole discretion , to approve any such coordinated
provision of PEG obligations and to modify this Franchise Agreement accordingly.
10.Interconnections : Grantee will continue to provide an interconnect cable from their head
end to the cable studios in the Council Chambers at City Hall and Alameda High School (Media
Center and Litte Theater), and modulators that will support live color broadcasts on the
respective channels.
lOA Technical assistance.Grantee will , upon request , provide technical assistance , per special
needs , to support the City and Alameda Unified School District staff with their operation of their
access studio(s).
10.Community calendar.Grantee will maintain a community calendar of events and cable
cast the calendar on the governent channel , which at the time of this signing is Channel 22.
a minimum , the community calendar will list the following: Ferr schedules; City/School
hotline information; Schedule of public meetings of both live and rebroadcast events.
10.PEG Support . Grantee will initiate payment , within sixty (60) days request of the
Franchising Authority, an amount equal to $0.50 per subscriber per month to the City of
Alameda s PEG Access Fund. This obligation for payment will not be effected by the level of
support required to meet the commitments of this Chapter.
SECTION Miscellaneous Provisions
11.Actions of Parties . In any action by the Franchising Authority or the Grantee that
is mandated or permitted under the terms hereof, such party shall act in a reasonable , expeditious
and timely manner. Furthermore, in any instance where approval or consent is required under the
terms hereof, such approval or consent shall be consistent with applicable law , as it exists from
time to time, should be the litmus test of the City s actions.
11.2 Force Maieure . The Grantee shall not be held in default under , or in
noncompliance with , the provisions of the Franchise , nor suffer any enforcement or penalty
relating to noncompliance or default (including termination , cancellation or revocation ofthe
Franchise), where such noncompliance or alleged defaults occurred or were caused by strike , riot
war, earthquake , flood, tidal wave , unusually severe rain or snow storm , hurrcane , tornado or
other catastrophic act of nature , labor disputes , governental, administrative or judicial order or
regulation or other eventthat is reasonably beyond the Grantee s ability to anticipate and control.
This provision also covers work delays caused by waiting for utility providers to service or
monitor their own utility poles on which the Grantee s cable and/or.equipment is attached, as
well as unavailability of materials and/or qualified labor to perform the work necessary.
11.3 Notice . Unless expressly otherwise agreed between the parties , every notice or
response required by this Franchise to be served upon the Franchising Authority or the Grantee
shall be in wrting, and shall be deemed to have been duly given to the required pary five
business days after having been posted in a properly sealed and correctly addressed envelope
when hand delivered or sent by certified or registered mail , postage prepaid.Notice shall also be
deemed received via a properly transmitted and confirmed facsimile.
The notices or responses to the Franchising Authority shall be addressed as follows:
City of Alameda
City Manager s Offce
2263 Santa Clara Avenue
Alameda, CA 94501
With copies to:Public Works Department
Cable Television Division
2263 Santa Clara Avenue
Alameda , CA 94501
The notices or responses to the Grantee shall be addressed as follows:
Alameda Power & Telecom
Attn: General Manager
2000 Grand Street
Alameda , Ca 94501
The Franchising Authority and the Grantee may designate such other address or addresses from
time to time by giving written notice to the other.
11.4 Conflict with Other Enactments . If the cable television enabling Ordinance No.
2065 is amended, superseded or replaced while this Franchise Agreement is in effect , any such
amended or new enabling ordinance provisions shall apply to Grantee only to the extent they are
enacted by the Franchising Authority in the exercise of its police powers to protect the public
health, safety and welfare , and shall not alter or affect any contractual or negotiated terms of this
Franchise Agreement.
11.Descriptive Headings . The captions to Sections contained herein are intended
solely to facilitate the reading thereof. Such captions shall not affect the meaning or
interpretation of the text herein.
11.Severability . If any Section , sentence , paragraph , term , or provision hereof is
determined to be ilegal , invalid , or unconstitutional , by any court of competent jurisdiction or by
any state or federal regulatory authority having jurisdiction thereof, such determination shall
have no effect on the validity of any other Section, sentence , paragraph , term or provision hereof
all of which will remain in full force and effect for the term ofthe Franchise , or any renewal or
renewals thereof.
11.Equal Protection . If during the term of this Franchise Agreement or any extension
thereof, the Franchise Authority grants a franchise consent or right to another operator containing
a term or terms more favorable or less burdensome to that operator than those granted to the
Grantee in this Agreement , then Grantee shall have the right to have those terms incorporated
into this agreement , after good faith negotiations and consent by the franchising authority.
However, nothing in this section shall be construed to give Grantee any right to waive or relieve
itself from the obligation to pay the full franchise fee as set forth in Section 6.1 of this
Agreement.
If during the term ofthis Franchise Agreement or any extension thereof, the Grantee
receives a franchise consent or right from any other Franchise Authority, within the East Bay
region, containing a term or terms more favorable or less burdensome to the franchising
authority, than those granted to Franchise Authority in this Agreement, then Franchise Authority
shall have the right to have those terms incorporated into this Agreement , after good faith
negotiation and consent of the grantee.
11.Effective Date . This Ordinance shall become effective thirty (30) days from and
after its adoption; provided however, that the franchise granted by this Ordinance shall not
become effective unless and until Grantee files written acceptance thereof and an agreement to be
bound by and comply with all of the requirements thereof.
Attest:
14L
City Clerk
EXHIBIT "
ACCEPTANCE OF CABLE TELEVISION FRANCHISE
The Bureau of Electricity, City of Alameda (hereinafter "Grantee ), hereby accepts the
nonexclusive Telecommunications Franchise granted by the City of Alameda). Grantee agrees to
comply with all of the terms and conditions of Ordinance No. , and the attachments there
to.
Telecommunications Franchise accepted this day of 1999.
By:
Title:
Ci ty Bui Idinqs
Ci ty Hall
Animal Shel ter
Base Conversion/ARRA*
Public Works *
Community Development*
Fire Department
Headquarters (Station
Station 2
Station 3
Station 4
Station 5*
Training Center
Chuck Carica Golf Complex
office)
Housing Authority*
Main Library-
Children I s Library
West End Library
Bay Farm Island Library
Interim Library Location
Police Department
Maintenance Services
Central Equipment Garage
Mastick Senior Center-
Bureau Of Electricity
City Hall Annex/Recreation*
Schools (AUSD)
Bay Farm Elementary School
Earhart Elementary School
Edison Elementary School
Franklin Elementary School
Haight Elementary School
Longfellow Elementary School
Lum Elementary School
Miller Elementary School
Otis Elementary School
Paden Elementary School
Washington Elementary School
Woodstock Elementary School
Alameda High School
Encinal High School
Island High School
Chipman Middle School
Lincoln Middle School
Wood Middle School
Schools (Private)
Child Unique Montessori
St. Barnabas School
EXHIBIT B
2263 Santa Clara Ave.
1590 Fortmann Way
Building 1 Alameda
Building 1 Alameda
Building 1 Alameda
Point
Point
Point
2401 Encinal Ave.
635 Pacific Ave.
1703 Grand St.
2595 Mecartney Rd.
Building 6, Alameda Point
1 Clubhouse Memorial Rd.
3 Clubhouse Memorial Rd,(manager s
701 Atlantic Ave. (exec. office)
2264 Santa Clara Ave. (exec. office)
1429 Oak St.
788 Santa Clara Ave.
3221 Mecartney Rd.
2210 Central Ave.
1555 Oak St.
1616 Fortmann Way
2040 Grand St.
1155 Santa Clara Ave.
2000 Grand St.
2250 Central Ave.
200 Aughinbaugh Rd,
400 Packet Landing Rd.
2700 Buena Vista Ave.
1433 San Antonio Ave.
2025 Santa Clara Ave.
500 Pacific Ave.
1801 Sandcreek Way
250 Singleton Ave.
3010 Fillmore
444 Central Ave.
825 Taylor Ave.
1900 3rd St.
2201 Encinal Ave.
210 Central Ave.
2437 Eagle Ave.
401 Pacific Ave.
1250 Fernside Blvd.
420 Grand St.
2226 Encinal Ave.
1400 6th St,
St. Joseph Notre Dame High School
St. Philip Neri School
* Denotes
location.
permanent
new City facilities.
(Main library media
location.
1011 Chestnut
1335 High St,
. Denotes a media center
center to be installed at
, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted
and passed by the Council of the City of Alameda in regular meeting assembled on the 21 st day of
September 1999 , by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Johnson - 3,
NOES:Councilmember Kerr and Mayor Appezzato -
ABSENT:None.
ABSTENTIONS:None,
IN WITNSS , WHREOF , I have hereunto set my hand and affxed the offcial.seal of said City this
22nd day of September , 1999,
Diane F elsch , City C erk
City of Alameda