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Resolution 09769RESOLUTION NO. 9769 ORIGINAL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALAMEDA, CALIFORNIA, ESTABLISHING RULES AND REGULATIONS AND STANDARDS OF OPERATION FOR A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE TO BE GRANTED TO UNITED CABLE TELEVISION OF ALAMEDA, INC. CITY OF ALAMEDA WHEREAS, the Alameda City Council is considering the granting of a non-exclusive franchise to United Cable Television of Alameda, Inc. to provide cable television services to residents and institutions of Alameda; and WHEREAS, Section 2, of Ordinance 2096, provides that Rules and Regulations and Standards of Operation for cable television shall be established by resolution as a part of the granting of a franchise; NOW, THEREFORE, BE IT RESOLVED that the Rules and Regulations and Standards of Operation set forth herein shall apply to the franchise granted to United Cable Television of Alameda, Inc. upon acceptance of the franchise, to wit: SECTION 1. Rules and Regulations for Customer Service Standards. (a) Grantee shall utilize best efforts to establish, operate and maintain a centrally located office in the City of Alameda within 60 days following effective date of the franchise award. (b) It shall be the right of all subscribers to receive all available services insofar as their financial and other obligations to the Grantee are honored. Neither the Council nor the Grantee shall, as to rates, charges, service, service facilities, rules, regulations, or in any other respect, make or grant any preference or advantage to any person, except as modified herein, nor subject any person to prejudice or disadvantage, except as modified herein. Nothing in this provision shall be construed to prohibit the reduction or waiving of charges in conjunction with promotional campaigns for the purpose of attracting subscribers, nor shall this provision be interpreted to prohibit the establishment of graduated schedules which vary with volume of usage, to which any subscriber, or programmer on a leased channel, included within a particular classification, shall be entitled. (c) The cable television system shall be extended to every new subdivision of the City, and the capacity to provide cable television service shall be provided by Grantee during the construction phase of every new subdivis on. For purposes of Page 1 this paragraph, the capacity to provide cable television service shall include the provision of conduit and other such substructure necessary to make cable service available to subdivision residents within sixty (60) days following occupancy of thirty-five (35) housing units or sixty percent (60%) of housing units, whichever is less, of each construction phase. (d) There shall be no charge for service calls to subscribers' homes except as provided by Resolution No. 9770 adopting rates and charges. (e) The loss or theft of a converter will incur a penalty of One Hundred Fifty Dollars ($150.00) plus replacement cost to the responsible subscriber unless a police report has been filed. If a police report has been filed and a copy furnished to Grantee, then the subscriber shall be charged not more than current wholesale replacement cost. (f) In the event of full service interruption or unresolved service complaint not caused by subscriber, Grantee shall credit the subscriber's account on a pro-rata basis to offset the monthly billing charge for all full service outages, of over twenty-four (24) hours. (g) No polls or monitoring of other two-way responses to a subscriber shall be conducted by Grantee without the subscriber's consent. The program of which the poll is a part shall contain explicit disclosure of the nature, purpose and prospective use of the results of the poll. No commercial or other use of information of individual subscriber viewing habits or patterns may be made and no release of such information shall be permitted without the prior consent of the City Council or pursuant to rules and regulations duly adopted by the City. This does not preclude Grantee's use of aggregate subscriber viewing data for the above stated purposes. (h) In the event that the Grantee elects to rebuild, modify, or sell the system, or the Grantor revokes or fails to renew the franchise, the Grantee shall do everything in its power to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances during the lifetime of the franchise. In the event of system purchase by the Grantor, or change of Grantee, the current Grantee shall cooperate with the Grantor to operate the system for a temporary period, not to exceed one (1) year, in maintaining continuity of service to all subscribers. Grantee shall be entitled to the profits or losses from operation of the franchise during such temporary period. SECTION 2. Standards of Operations: Programming. (a) The initial programming of the Basic TV, FM and Premium (Pay TV) services shall be a minimum as proposed in Grantee's franchise application with the following additions: Page 2 (1) Lifestyle, background music service (2) NCN "Family Radio" (3) Spectrum (4) Playcable (5) SYMAN, or equivalent service (6) Disney Channel This programming and service, including that as proposed in Grantee's franchise application, is subject to FCC Rules and Regulations and availability of service; however, will be carried on a full-time basis when available and permitted by FCC Rules and Regulations, unless specifically approved by the City to the contrary. In this regard, Grantee may, without risk of penalty, withhold action to provide SYMAN and Playcable services until Grantor and Grantee have reassessed the desirability of those services. (b) At lease once per year the Grantee shall provide all subscribers with their monthly service statement, a complete descriptive listing of possible programming and services, including area independent stations, satellite carried programming, and other services available to Grantee. The listing is to be in the format of a mailback survey for determination of the subscribers' programming preferences. The results of the survey are to be provided the City by the Grantee with any proposed change(s) in programming to accommodate subscribers' desired revisions as indicated by the results of the survey. The first such survey to be conducted within one (1) year following franchise award. The requirements of this paragraph shall not continue beyond three (3) years from the award of this franchise unless so directed by Grantor. When demonstration is made by the survey or other means, that sixty percent (60%) or more of Grantee's subscribers desire a modification and/or addition to the cable television services, one for which the majority of those subscribers have previously agreed to pay a sufficient amount of money to Grantee to return Grantee's investment for the providing of such service within a period not exceeding five (5) years, and Grantee elects not to provide modified or addiLional service, the City may require Grantee to show cause why it should not be required to modify and/or add to the service to provide said service to the subscribers. Should Grantee not be able to demonstrate that it could not financially and on a technically viable basis modify and/or add to the service, the City may require Grantee to provide such modification and/or addition to the service. SECTION 3, Institutional, Commercial and Government Services. (a) In accordance with Grantee's franchise proposal, the CiLy will have the option to utilize, at no cost to the City, Institutional and Residential systems frequency spectrums in full Page 3 6MHz channels and other bandwidths when desired for video, data, facsimile, and/or audio transmission in support of City administration, public facilities and community services. The City will be responsible for the provision of all terminal and cable access equipments, i.e., modems, etc., for such applications. Grantee will be responsible for headend interconnection (and switching if required) of the channels for bi-directional communications. Grantee shall perform the interface of the City's terminal equipments on a time and materials cost basis. (b) Grantor reserves the right to conduct a study(s) of the use of the system's Institutional Network to interconnect the City's administrative offices, and computer locations, as well as the circulation and security system of the City library. The study(s) shall also address other possible City communications systems cable applications, such as police training, pump and reservoir control telemetry, traffic signal control, audio circuits, etc. Such study(s) shall include, without limitation, technical analyses, use and benefit analyses, and cost analyses of such interconnections/applications. The study(s) to be conducted by the City with City selected professional assistance, with the cost borne by Grantee. The study(s) to be completed within three years of initial system activation at a cost not to exceed Fifty Thousand Dollars ($50,000) per year, and a maximum total of One Hundred Thousand Dollars ($100,000). Up to twenty- five percent (25%) of these costs may be applied by the City to purchase any equipment and materials necessary in testing feasibility of the potential cable use applications. Grantee shall, prior to the purchase and provision to the City of the following equipment as proposed in Grantee's franchise application, i.e. 10 Magnavox 6400 converters, 25 TOCOM 5510A terminals, 25 Scientific Atlanta 6400 data modems, and 10 keyboard/CRT terminals, at the City's request, provide the City the option to reallocate comparable funds, not to exceed FIFTY THOUSAND DOLLARS ($50,000.00), in whole or in part, to other uses. (c) With respect to the City's access and use of the system, there shall be provided a secure channel on the Institutional Network, or, alternatively with the approval of the City Manager, a scrambling technique on the Government Access Channel, so that the City may provide closed circuit training for its municipal employees. To this end, at least five (5) color TV monitors shall be furnished in key administrative offices, including, without limitation, that of the Mayor, City Manager, and the Police and Fire Chief. (d) Upon Grantee's activation of a city-wide security system, Grantee agrees to provide security monitoring of public buildings and recreational areas, to be specified by mutual agreement between the City and Grantee, under an appropriate, separate agreement with the City containing such terms and conditions as may be mutually agreed upon; however, all related installations, modifications, and dedicated maintenance will be Page 4 conducted on a time and materials cost basis. (e) A minimum of 50% of Grantee's Consumer Guide/Comparative Shopping channel programming shell be comprised of Alameda businesses' merchandise and services information. (f) The video production studio, access facility, and mobile production (ENG) van shall be completed with all equipment installed and fully operational by the time of system completion. Grantee shall maintain all studio equipment, including portable equipment, in a fully operational status on a continuous basis, and to technical standards requisite for quality performance. SECTION 4. Standards of Operation: Technical. (a) The Federal Communications Commission (FCC) Rules and Regulations, Part 76, Subpart K (Technical Standards), shall apply. However, because of emphasis on interactive and other innovative services, modifications of FCC standards, as presented in the specifications herein, are considered necessary to meet system design objectives. The following referenced specifications will also apply, unless exception is agreed upon between the City and the Grantee. (1) Applicable City, County and State and National/ Federal Codes and Ordinances; (2) Applicable Utility Joint Attachment Practices; (3) National Electrical Safety Code, NFPA No. 70; (4) Local Utility Code Requirements; (5) Local Right-of-Way Requirements; (6) Grantee's franchise application proposal including system construction, maintenance, performance, inspection and testing procedures, specifications and standards. (b) Technical standards and parameters are to be referenced to the mean temperature of the Alameda area. The system shall be designed to meet all specifications over a temperature range of + - 50 F from the mean temperature of the Alameda area. (c) The forward portion of the Residential System plant shall be capable of carrying a minimum of 120 Class I Television Channels, the full FM broadcast band and adequate bandwidth for Pilot Carriers or such auxiliary signals as required for system control. In the event that future FCC restrictions prohibit use of portions of the band (e.g., the Aircraft Navigational frequencies from 108 to 120 MHz), a commensurate reduction in channel capacity may be required, or modifications made to the slope/gain control method to retain channel capacity. The combined forward trunk and distribution system will deliver Page 5 signals to each and every customer's TV receiver that will meet or exceed the technical specifications set forth in Grantee's franchise application at the Alameda mean temperature 50 degrees F. This shall include the effects of drop cables, interior splits, and any terminal equipments such as descramblers and set top converters. (d) The Residential and Institutional systems shall have the capability of providing and delivering return signals from each subscriber and Institutional tap to the extreme downstream end of any area in compliance with the above specifications. This capability shall include transmission of Color video, Black and White video, and both low and high speed data, whether analog or digital. Where applicable, the end of the system specifications shall include the effects of any signal reprocessing equipment necessary to achieve forward transmission. (e) Although the programming procedure of shared channel usage for non-contrasting programming is encouraged to preclude having numerous channels with large blank periods (i.e., infrequent programming), it is an implicit obligation of the Grantee in accepting the franchise award to actively foster development of full usage of entertainment, access, and local origination channel capabilities, including readily activating additional channels as necessary to fulfill this obligation. (f) Technical specifications addressed in this Section are intended to ensure accommodation of possible multiple Institutional and Residential interactive data information and cable communications applications, e.g., security services, information retrieval, and educational services, as well as possibly significantly expanded entertainment service offerings. Grantee shall make additional service capacity available including an expanded Institutional cable system if necessary, when required by the City to accommodate those Institutional and/or Residential broadband communications services beyond the capacity of Grantee's then existing system. Grantee will assist the City in determination of the requirement for expansion of the Institutional cable system to ensure timely provision of additional service capacity. Grantee may apply for rate increases by reason of such extensions only after construction and when required, after the period stated in Subsection H of Resolution No. 9770, to maintain service levels without significant loss of profits. PASSED AND ADOPTED by the City Co ncil of the City of Alameda, California, this Page 6 day of I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 15th of June, 1982, by the f0llO#iDg vote to wit: AYES: Councilmen Didment" Gorman, Sherratt, and President Corica - U. NOES: Councilman Stone - 1. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 16th clay of June, 1982. City C]e7k—f t