HomeMy WebLinkAboutORD 5720CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5720
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING A
NONEXCLUSIVE FRANCHISE TO COMCAST CABLE COMMUNICATION
MANAGEMENT, LLC, AND COMCAST CABLE HOLDINGS, LLC, TO CONSTRUCT,
MAINTAIN, OPERATE AND REPAIR A CABLE SYSTEM TO PROVIDE CABLE
SERVICES IN, ACROSS, OVER, ALONG, UNDER, UPON, THROUGH AND BELOW
THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF RENTON; PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City has negotiated a Franchise Agreement with Comcast Cable
Communication Management, LLC, and Comcast Cable Holdings, LLC (collectively "Comcast"),
granting a franchise, authority, right and privilege for a period of ten (10) years to construct,
maintain, operate and repair a cable system in the City, as set forth in the Franchise Agreement
attached hereto, labeled Exhibit A and hereby incorporated by reference; and
WHEREAS, Comcast has requested that the City grant it a new franchise for the authority
to use the public rights-of-way to provide cable television services within the City; and
WHEREAS, pursuant to applicable law, the City has the power, among other things, to
grant franchises and to receive consideration for the grant of the franchise; and
WHEREAS, the City has afforded the public adequate notice and opportunity for comment
and has determined that it is in the best interest of the City and its residents to grant a cable
Franchise to Comcast; and
WHEREAS, Comcast and the City have agreed to be bound by the conditions hereinafter
set forth;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
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ORDINANCE NO. 5720
SECTION I. Franchise Granted. Pursuant to applicable law, the City hereby grants a
nonexclusive franchise to Comcast according to the terms and conditions set forth on Exhibit A,
attached hereto and incorporated herein by this reference as if set forth in full. Subject to the
provisions therein, the term of the franchise shall be for a period of ten (10) years from the
effective date of the franchise, as defined in Exhibit A, and shall grant Comcast the right, privilege
and authority to construct, maintain, operate, and repair a cable system to provide cable services
in, on, across, over, along, under, upon, through and below the public rights-of-way of the City of
Renton, all as provided in Exhibit A.
SECTION II. Deadline for Acceptance. The franchise granted by Section I of this ordinance
shall be void and of no effect unless Comcast files with the City Clerk written acceptance of the
franchise and all of its terms and conditions within sixty (60) days after the Effective Date of this
ordinance and in a form satisfactory to the City Attorney.
SECTION III. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of any other section, sentence,
clause or phrase of this ordinance.
SECTION IV. Effective Date. This ordinance shall be effective upon its passage,
approval, and five (5) days after publication.
PASSED BY THE CITY COUNCIL this _____ day of August ^ 2QU
Jason A. Seth, Acting City Clerk
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ORDINANCE NO. 5720
APPROVED BY THE MAYOR this 18th day of August ( 2014.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication: 8/22/2014 (Summary)
ORD:1828:8/20/14:scr
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ORDINANCE NO. 5720
Exhibit A
ORDINANCE NO. 5720
CABLE FRANCHISE AGREEMENT
Between
CITY OF RENTON, WASHINGTON
and
COMCAST CABLE COMMUNICATION
MANAGEMENT, LLC
and
COMCAST CABLE HOLDINGS, LLC
ORDINANCE NO. 5720
TABLE OF CONTENTS
Page
SECTION 1. Definitions 2
SECTION 2. Grant of Authority 5
SECTION 3. Construction and Maintenance of the Cable System 9
SECTION 4. Service Obligations 14
SECTION 5. Rates, Fees, Charges and Deposits 17
SECTION 6. Customer Service 18
SECTION 7. Consideration and Reporting 18
SECTION 8. Transfer or Renewal of Franchise 22
SECTION 9. Insurance and Indemnity 24
SECTION 10. System Description and System Facilities 27
SECTION 11. PEG 28
SECTION 12. Enforcement of Franchise 31
SECTION 13. Liquidated Damages 32
SECTION 14. Termination of Franchise 32
SECTION 15. Miscellaneous Provisions 34
EXHIBIT A - Customer Service Standards
EXHIBIT B - City of Renton Public Buildings
EXHIBIT C - Renton Educational Facilities
City of Renton - Comcast Cable Franchise Agreement
ORDINANCE NO. 5720
City of Renton
Comcast Cable Franchise Agreement
THIS CABLE TELEVISION FRANCHISE AGREEMENT (the "Franchise") is
entered into by and between the City of Renton (the "City") and Comcast Cable Communication
Management, LLC and Comcast Cable Holdings, LLC, corporations duly organized under the
applicable laws of the State of Washington (the "Grantee"). As used herein, the term "Party" or
"Parties" shall refer to the City and Grantee individually or jointly as indicated by the context in
which used.
Recitals
WHEREAS, the City of Renton, Washington ("City") negotiated a nonexclusive cable
television franchise (the "Franchise") with TCI Seattle, Inc. ("TCI"), which was accepted by the
City through the enactment of Ordinance No. 4412 on August 9, 1993 and subsequently accepted
by TCI; and
WHEREAS, the Franchise was acquired from TCI through succession by Comcast Cable
Communication Management, LLC and Comcast Cable Holdings, LLC (the two companies
collectively are referred to herein as "Grantee"); and
WHEREAS, the City and the Grantee agreed to amend and extend the term of the
Franchise through the enactment of Ordinance No. 5453 by the City and subsequent acceptance
by Grantee; and
WHEREAS, pursuant to Title V, Chapter 17 of the Renton Municipal Code ("RMC")
and in accordance with Section 546 of the Cable Communications Policy Act of 1984, as
amended, (Pub. L. No. 98-549, 98 Stat. 2779 (codified at 47 U.S.C. § 521 et seq hereinafter
"Cable Act") Grantee has requested renewal of its Franchise in the City; and
WHEREAS, the City is authorized to grant and receive consideration from one or more
nonexclusive cable franchises pursuant to applicable local, state and federal law; and
WHEREAS, the City intends to exercise the full scope of its municipal powers to the
extent not prohibited by state and federal law, including both its police power and contracting
authority, to promote the public interest and to protect the health, safety and welfare of the
citizens of the City; and
WHEREAS, the City and Grantee have reached a negotiated cable franchise agreement
on the terms and conditions set forth herein and the Parties have agreed to be bound by those
terms and conditions.
WHEREAS, the City has afforded the public adequate notice and opportunity to
comment on this negotiated cable franchise agreement; and
WHEREAS, the City has determined that the grant of a nonexclusive franchise to
Grantee is consistent with the public interest; and
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ORDINANCE NO. 5720
WHEREAS, the City determines to exercise its authority, consistent with state and
federal law, to renew its grant of a non-exclusive cable television franchise to the Grantee in
accordance with the provisions of this Franchise; and
NOW, THEREFORE, in consideration of the City's renewal of a franchise to Grantee,
Grantee's promise to provide Cable Service to residents of the Franchise Area pursuant to and
consistent with the Cable Act (as hereinafter defined), the promises and undertakings herein, and
other good and valuable consideration, the receipt and the adequacy of which are hereby
acknowledged,
THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS:
Cable Television Franchise Agreement
SECTION 1. Definitions
For the purposes of this Franchise, the following terms, phrases, words, and their
derivations shall have the meaning given herein where capitalized; words not defined herein
which are defined in RMC Title V, Chapter 17, shall have the same meaning or be interpreted as
provided in RMC Title V, Chapter 17, and if not defined there, shall be construed consistent with
the Cable Act and if not defined there, shall have their ordinary and common meaning. When not
inconsistent with the context, words used in the present tense include the future, words in the
plural number include the singular number, words in the singular number include the plural
number, and the use of any gender shall be applicable to all genders whenever the sense requires.
The words "shall" and "will" are mandatory and the word "may" is permissive. A reference to
RMC Title V, Chapter 17, or the City Code refers to the same as amended from time to time.
References to governmental entities (whether Persons or entities) refer to those entities or their
successors in authority. If specific provisions of law referred to herein are renumbered, then the
reference shall be read to refer to the renumbered provision. References to laws, ordinances or
regulations shall be interpreted broadly to cover government actions, however nominated, and
include laws, ordinances and regulations now in force or hereinafter enacted or amended.
1.1 "Access" means the availability for noncommercial use by various governmental
and educational agencies, institutions, organizations, and other groups and individuals in the
community, including the City and its designees, of particular Channels on the Cable System to
distribute programming to Subscribers, as permitted under applicable law:
(A) "Public Access" means Access where organizations, groups, or individual
members of the general public, on a non-discriminatory basis, are the primary or designated
programmers or users having editorial control over their programming;
(B) "Educational Access" means Access where accredited educational institutions
are the primary or designated programmers or users having editorial control over their
programming; and
(C) "Governmental Access" means Access where government institutions or their
designees are the primary or designated programmers or users having editorial control over their
programming.
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ORDINANCE NO. 5720
(D) "PEG" means Public, Education, and Government Access.
1.2 "Access Channel" means the Channels, or portion thereof, designated for PEG as
per this Franchise.
1.3 "Affiliate" means, when used in connection with Grantee, any Person who owns
or controls, is owned by or controlled by, or is under common ownership or control with
Grantee.
1.4 "Bad Debt" means amounts lawfully owed by a Subscriber and accrued as
revenue on the books of Grantee, but not collected after reasonable efforts by Grantee.
1.5 "Basic Service" means the lowest tier of Cable Service that includes, at a
minimum, the retransmission of local television broadcast signals and PEG programming and
any additional video programming signals and service voluntarily added to the Basic Service
Tier by the Cable Operator and any other programming required under applicable law.
1.6 "Cable Act" means the Cable Communications Policy Act of 1984, as amended
by the Cable Television Consumer Protection and Competition Act of 1992, and as amended by
the Telecommunications Act of 1996, and any amendments thereto, 47 U.S.C. § 521 et. seq.
1.7 "Cable Operator" means any Person or group of Persons, including Grantee, who
provide Cable Service over a Cable System and directly or through one or more Affiliates own a
significant interest in such Cable System or who otherwise Control or are responsible for,
through any arrangement, the management and operation of such a Cable System.
1.8 "Cable Service(s)" means (1) the one-way transmission to Subscribers of (a)
video programming, or (b) other programming service, and (2) Subscriber interaction, if any,
which is required for the selection or use of such video programming or other programming
service, 47 U.S.C. § 522(6).
1.9 "Cable System" means Grantee's 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 that is provided to
multiple Subscribers within a community, but such term does not include (1) a facility that serves
only to retransmit the television signals of one or more television broadcast stations; (2) a facility
that serves Subscribers without using any public right-of-way; (3) a facility of a common carrier
that is subject, in whole or in part, to the provisions of Title II of the federal Communications
Act (47 U.S.C. § 201 et seq.), except that such facility shall be considered a cable system (other
than for purposes of 47 U.S.C. § 541(c) to the extent such facility is used in the transmission of
video programming directly to Subscribers, unless the extent of such use is solely to provide
interactive on-demand services; (4) an open video system that complies with § 653 of the Cable
Act; or (5) any facilities of any electric utility used solely for operating its electric utility
systems, 47 U.S.C. Sec. 522(7). When used herein, the term "Cable System" shall mean
Grantee's Cable System within the Franchise Area.
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ORDINANCE NO. 5720
1.10 "Channel" means a portion of the electromagnetic frequency spectrum which is
used in a Cable System and which is capable of delivering a television channel, whether
delivered in an analog or digital format.
1.11 "City" means the city of Renton, Washington, a municipal corporation.
1.12 "Dwelling Units" means any building or portion thereof that has independent
living facilities, including provisions for cooking, sanitation and sleeping, and that is designed
for residential occupancy.
1.13 "FCC" means the Federal Communications Commission or successor
governmental entity thereto.
1.14 "Franchise" means this document executed between City and Grantee, containing
the specific provisions of the authorization granted and the contractual and regulatory agreement
created hereby.
1.15 "Franchise Area" means the area within the present legal boundaries of the City
as of the Effective Date, and shall also include any additions thereto, by annexation or other legal
means.
1.16 "Gross Revenues" means, for purposes of Franchise Fee calculations, all revenue
received by the Grantee or its Affiliates, as defined in the Federal Cable Act, in whatever form
and from all sources, derived from the operation of Grantee's Cable System to provide Cable
Services, including any revenue received by the Grantee from any use of any component of the
Cable System for any purpose by the Operator or by others. Gross Revenues shall include,
without limitation, revenue received from: 1) Cables Services; 2) converter and equipment
rentals; 3) advertising; 4) installations; 5) sales occurring as a result of home shopping or similar
programming; 6) leased channels; 7) sales of programming guides; 8) Franchise Fees; and 9)
fees, payments or other consideration paid by programmers and commissions on advertising
accounted for in accordance with generally accepted accounting principles (GAAP) . Gross
Revenues shall not include revenues received from telecommunications services or revenues
received by third parties unless such revenues are of a type normally received by the Grantee
prior to the date of this Franchise or would normally be received by a Cable Operator similarly
situated in the ordinary course of business as compensation for use of the Cable System. Gross
Revenues shall be determined without deduction for (1) any operating expense; (2) any accrual;
or (3) any other expenditure, regardless of whether such expense, accrual or expenditure reflects
a cash payment, and revenue shall be counted only once in determining Gross Revenues. Gross
Revenues shall not include funds that the Grantee is legally obligated to collect as sales or
similar taxes imposed directly on Subscribers. This definition shall be construed so as to include
all Gross Revenues to the maximum extent permitted by federal and state law, except to the
extent specifically excluded in this section, and encompasses revenues that may develop in the
future, whether or not anticipated. If a statutory change in state or federal law or a decision of
the FCC or a court of competent jurisdiction expands the categories of revenue available to the
City for the Franchise Fee assessment beyond those permitted under this definition as of the
Effective Date, that change shall automatically be included in the definition of Gross Revenues
under this Franchise, provided that the City imposes the same requirement upon any other
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ORDINANCE NO. 5720
similarly situated multichannel video provider over which the City has jurisdiction and authority
to impose such fees.
1.17 "Person" means an individual, partnership, association, joint stock company, trust,
corporation, or government entity but shall not mean the City.
1.18 "Public Rights-of-Way" or "Rights-of-Way" means land acquired or dedicated for
public roads and streets, but does not include:
(A) State highways;
(B) Land dedicated for roads, streets, and highways not opened and not improved
for motor vehicle use by the public;
(C) Structures, including poles and conduits, located within the Right-of-Way;
(D) Lands owned or managed by the State parks and recreation commission; or
(E) Federally granted railroad rights-of-way acquired under 43 U.S.C. Sec. 912
and related provisions of federal law that are not open for motor vehicle use.
1.19 "School" means any State accredited K-12 educational institution, but excluding
home schools.
1.20 "State" means the State of Washington.
1.21 "Subscriber" means any Person who lawfully receives Cable Service provided by
Grantee by means of the Cable System and whose premises are physically wired, lawfully activated,
and receives a bill to receive Cable Service from Grantee's Cable System.
SECTION 2. Grant of Authority
2.1 Grant of Franchise. Subject to the terms and conditions of this Franchise, the City
hereby grants to Grantee under applicable local, state and federal law a nonexclusive Franchise
authorizing Grantee the right to own, construct, operate and maintain a Cable System along the
Rights-of-Way within the Franchise Area, in order to provide Cable Service. No privilege or
power of eminent domain is bestowed by this grant; nor is such a privilege or power bestowed by
this Franchise.
2.2 Franchise Subject to Federal. State and Local Law. This Franchise is subject to
and shall be governed by all applicable provisions now existing or hereafter amended of federal,
State and local laws and regulations, except as specifically provided for within this Franchise.
2.3 Use of Rights of Way for non-Cable Service. This Franchise is an express
authorization to provide Cable Services only. This Franchise is not a bar to the imposition of any
lawful condition on Grantee with respect to non-Cable Services. This Franchise does not relieve
Grantee of any obligation it may have to obtain from the City an authorization to provide non-
Cable Services or relieve Grantee of its obligation to comply with any such authorization(s) that
may be lawfully required.
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ORDINANCE NO. 5720
2.4 No Rights by Implication. No rights shall pass to Grantee by implication.
Without limiting the foregoing, by way of example and not limitation, this Franchise shall not
include or be a substitute for:
2.4.1 Any other permit or authorization required for the privilege of transacting
and carrying on a business within the City that may be required by the ordinances and laws of the
City;
2.4.2 Any permit, agreement or authorization required by the City for Rights-of-
Way users in connection with operations on or in Rights-of-Way or public property; or
2.4.3 Any permits or agreements for occupying any other property of the City or
private entities to which access is not specifically granted by this Franchise.
2.5 Conveyance of Rights. This Franchise is intended to convey limited rights and
interests only as to those Rights-of-Way in which the City has an actual interest. It is not a
warranty of title or interest in any Rights-of-Way; it does not provide the Grantee with any
interest in any particular location within the Rights-of-Way; and it does not confer rights other
than as expressly provided in the grant hereof.
2.6 No Waiver. The failure of the City on one or more occasions to exercise a right
or to require compliance or performance under this Franchise, the Cable Act or any other
applicable State or federal law shall not be deemed to constitute a waiver of such right or a
waiver of compliance or performance by the City nor to excuse Grantee from complying or
performing, unless such right or such compliance or performance has been specifically waived in
writing.
2.7 Other Ordinances. Grantee agrees to comply with the terms of any lawful,
generally applicable local ordinance, including but not limited to Title V, Chapter 17 of the
Renton Municipal Code in effect upon adoption of this Franchise. In the event of a conflict
between the Municipal Code and this Franchise, this Franchise shall control. The Grantee agrees
that it is subject to the lawful and generally applicable exercise of the police power of the City.
Grantee has the right to challenge any City ordinance or regulation that conflicts with its rights
under this Franchise.
2.8 Term of Franchise. The term of this Franchise and all rights, privileges,
obligations and restrictions pertaining thereto shall be ten (10) years (the "Term") from the
Effective Date of this Franchise.
2.9 Effective Date.
2.9.1 This Franchise and the rights, privileges, and authority granted hereunder
and the contractual relationship established hereby shall take effect and be in force from and
after the effective date of this Franchise.
2.9.2 The effective date of this Franchise shall be the latter of the dates on
which it is accepted in writing by Grantee and the City.
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ORDINANCE NO. 5720
2.9.3 Grantee shall file written acceptance of the Franchise along with any
accompaniments as required by this Section with the City Clerk. Such written acceptance shall
be accompanied by the certificates of insurance specified in Section 9.2 (Verification of
Coverage) and the evidence of the Security as specified in Section 9.4 (Security) within sixty
(60) days of the date of adoption of this Franchise by the City Council, or this Franchise shall be
voidable at the option of the City.
2.9.4 The grant of this Franchise shall have no effect on Grantee's duty under
the prior franchise, in effect prior to the Effective Date of this Franchise, to indemnify or insure
the City against acts or omissions occurring during the period that the prior franchise was in
effect, nor shall it affect Grantee's liability to pay all Franchise Fees which were due and owed
under a prior franchise.
2.10 Effect of Acceptance. By accepting the Franchise, Grantee: (1) acknowledges
and accepts the City's legal right to issue and enforce the Franchise; (2) accepts and agrees to
comply with each and every provision of this Franchise subject to applicable law; and (3) agrees
that the Franchise was granted pursuant to processes and procedures consistent with applicable
law, and that it will not raise any claim to the contrary.
2.11 Reservation of Authority. Nothing in this Franchise shall (1) abrogate the right of
the City to perform any public works or public improvements of any description, (2) be
construed as a waiver of any codes or ordinances of general applicability promulgated by the
City, or (3) be construed as a waiver or release of the rights of the City in and to the Public
Rights-of-Way.
2.12 Grant Not Exclusive. The Franchise and the rights granted herein to use and
occupy the Rights-of-Way to provide Cable Services shall not be exclusive, and the City reserves
the right to grant other franchises for similar uses or for other uses of the Rights-of-Way, or any
portions thereof, to any Person, or to make any such use itself, at any time during the Term of
this Franchise. Any such rights which are granted shall not adversely impact the authority as
granted under this Franchise and shall not interfere with existing facilities of the Cable System.
2.13 Grant of Other Franchises; Competitive Equity.
2.13.1 Any franchise granted pursuant to RMC Title V, Chapter 17 shall be
nonexclusive and shall not preclude the City from granting other or further franchises or permits
or preclude the City from using any roads, rights-of-way, streets, or other public properties or
affect its jurisdiction over them or any part of them, or limit the full power of the City to make
such changes, as the City shall deem necessary, including the dedication, establishment,
maintenance and improvement of all new rights-of-way and thoroughfares and other public
properties. The City reserves the right to grant one (1) or more additional franchises. The City
shall amend this Franchise, as requested by the Grantee, if it grants additional franchises or
similar authorizations that contain material terms or conditions which are substantially more
favorable or less burdensome to the competitive entity than the material terms and conditions
herein. A word for word identical franchise or authorization for a competitive entity is not
required so long as the regulatory and financial burdens on each entity are generally equivalent
taking into account any difference in the number of subscribers served, the number of PEG
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ORDINANCE NO. 5720
channels and aggregate support provided, the level of fees and taxes imposed, the term of the
franchise, and all other circumstances affecting the relative burdens.
2.13.2 Notwithstanding any provision to the contrary, at any time prior to the
commencement of the Grantee's thirty-six (36) month renewal window provided by Section 626
of the Cable Act, that a non-wireless facilities based entity, legally authorized by state or federal
law, makes available for purchase by Subscribers or customers, Cable Services or multiple
channels of video programming within the franchise area without a franchise or other similar
lawful authorization granted by the City, then the Grantee shall have a right to request Franchise
amendments that relieve the Grantee of regulatory burdens that create a competitive
disadvantage to the Grantee. In requesting amendments, the Grantee shall file a petition seeking
to amend this Franchise. Such petition shall: (1) indicate the presence of such wireline
competitor; and (2) identify all material terms or conditions which are substantially more
favorable or less burdensome to the competitive entity. The City shall act on the petition within
120 days.
2.13.3 In the event an application for a new cable television franchise is filed
with the City proposing to serve the franchise area, in whole or in part, the City shall notify this
Grantee.
2.14 Conditions of Sale. If a renewal or extension of Grantee's Franchise is denied or
the Franchise is lawfully terminated, and the City lawfully acquires ownership of the Cable
System or by its actions lawfully effects a transfer of ownership of the Cable System to another
party, any such acquisition or transfer shall be at the price determined pursuant to the provisions
set forth in Section 627 of the Cable Act.
2.15 Transfer upon Revocation. Grantee and the City agree that in the case of a final
determination of a lawful revocation of the Franchise, the City shall give Grantee at least one
hundred twenty (120) days to effectuate a transfer of its Cable System to a qualified third party.
Furthermore, Grantee shall be authorized to continue to operate pursuant to the terms of its prior
Franchise during this period. If, at the end of that time, Grantee is unsuccessful in procuring a
qualified transferee or assignee of its Cable System which is reasonably acceptable to the City,
Grantee and the City may avail themselves of any rights they may have pursuant to federal or
State law. It is further agreed that Grantee's continued operation of the Cable System during the
one hundred twenty (120) day period shall not be deemed to be a waiver, nor an extinguishment
of, any rights of either the City or Grantee.
2.16 Police Powers. Grantee's rights hereunder are subject to the police powers of the
City to adopt and enforce generally applicable ordinances necessary to the safety, health and were
of the public, and Grantee agrees to comply with all generally applicable laws, ordinances and
regulations lawfully enacted pursuant to the police powers of the City, or hereafter enacted in
accordance therewith, by the City or any other legally constituted governmental unit having
lawful jurisdiction over the subject matter hereof. The City reserves the right to exercise its
police powers, notwithstanding anything in this Franchise to the contrary.
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ORDINANCE NO. 5720
SECTION 3. Construction and Maintenance of the Cable System
3.1 Permits and General Obligations. Grantee shall be responsible for obtaining, at
its own cost and expense, all permits, licenses, or other forms of approval or authorization
necessary to construct, operate, maintain or repair the Cable System, or any part thereof, prior to
the commencement of any such activity. Construction, installation, and maintenance of the
Cable System shall be performed in a safe manner using materials that meet or exceed industry
standards. All facilities, poles, conduits, cables, and equipment installed by Grantee for use in
the Cable System in accordance with the terms and conditions of this Franchise shall be located
so as to minimize interference with the designated use of the Public Rights-of-Way at the time of
Cable System facilities installation.
3.2 Conditions on Occupancy of Public Rights-of-Way.
3.2.1 Relocation at Request of the City. Except as provided herein, upon thirty
(30) days prior written notice to Grantee, the City shall have the right to require Grantee to
relocate any part of Grantee's Cable System within the Public Rights-of-Way when the safety,
health or welfare of the public requires such change, and the expense thereof shall be paid by
Grantee. The City is not required to provide thirty (30) days prior written notice in the event of
an emergency. Should Grantee fail to remove or relocate any such facilities by the date
established by the City, the City may remove or relocate such facilities, and the expense thereof
shall be paid by Grantee, including all costs and expenses incurred by the City due to Grantee's
delay. If the City requires Grantee to relocate its facilities located within the Public Rights-of-
Way, the City shall make a reasonable effort to provide Grantee with an alternate location within
the Public Rights-of-Way. This section does not apply to overhead facilities that are converted to
underground facilities, consistent with Section 3.4 (Aerial and Underground Construction). If
public funds are available to any Person using such Public Rights-of-Way for the purpose of
defraying the cost of any of the foregoing, the City shall upon written request of Grantee make
application for such funds on behalf of Grantee.
3.2.2 Temporary Relocation at Request of Third Party. Grantee shall, upon
reasonable prior written request of any Person holding a permit issued by the City to move any
structure, temporarily move its facilities to permit the moving of such structure; provided (i)
Grantee may impose a reasonable charge on any Person for the movement of its facilities, and
such charge may be required to be paid in advance of the movement of its wires or cables; (ii)
Grantee is granted a permit for such work by the City if a permit is needed; and (iii) Grantee is
given not less than ten (10) business days advance written notice to arrange for such temporary
relocation.
3.2.3 Restoration of Rights-of-Way. Whenever Grantee disturbs the surface of
any Rights-of-Way for any purpose, Grantee shall promptly restore the Rights-of-Way to a
condition reasonably comparable to the condition of the Rights-of-Way immediately prior to
such disturbance. When any opening is made by Grantee in a hard surface pavement in any
Rights-of-Way, Grantee shall promptly refill the opening and restore the surface as required by
its permit. If Grantee fails to promptly restore the Rights-of-Way, the City may, after providing
reasonable notice to Grantee, refill or repave any opening made by Grantee in the Rights-of-
Way, and the reasonable expense thereof shall be paid by Grantee. The City may, after
providing reasonable notice to Grantee, repair any work done by Grantee that, in the
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ORDINANCE NO. 5720
determination of the City, does not conform to applicable the City specifications. The reasonable
cost thereof, including the costs of inspection and supervision, shall be paid by Grantee.
3.3 Safety Requirements. The Grantee shall, at its own cost and expense, undertake
all necessary and appropriate efforts to maintain its work sites in a safe manner in order to
prevent accidents that may cause damage or injuries. All work undertaken on the Cable System
shall be performed in substantial accordance with applicable FCC or other federal and State
regulations. The Cable System shall not unreasonably endanger or interfere with the safety of
Persons or property in the Public Rights-of-Way.
3.4 Aerial and Underground Construction. If all of the distribution lines of all of the
wireline service providers, such as telecommunications service providers, as defined in RCW
35.99.010, a utility service provider or a Cable Operator (collectively "Service Providers") in any
portion of the Franchise Area are underground, Grantee shall place its Cable System's
distribution cables underground within that area; provided that such underground locations are
actually capable of accommodating Grantee's cable and other equipment without technical
degradation of the Cable System's signal quality. In any portion(s) of the Franchise Area where
the distribution lines of any of the respective Service Providers are both aerial and underground,
Grantee shall have the discretion to construct, operate, and maintain all of its distribution cables,
or any part thereof, aerially or underground. In areas where a Service Provider's wiring is aerial,
Grantee may install aerial cable, except when a property owner or resident requests underground
installation and agrees to bear the additional cost in excess of aerial installation. If funds exist,
are set aside for such purpose, or provided by a third party, Grantee shall be entitled to seek
reimbursement for its share of funds to offset the cost of placing its facilities underground.
Grantee shall utilize existing conduit wherever possible.
3.4.1 The City shall not be required to obtain easements for Grantee. Grantee
shall, to the extent economically feasible, participate with other providers in joint trench
projects to relocate its overhead facilities underground and remove its overhead facilities in
areas where utilities are being converted to underground facilities.
3.4.2 Nothing in this Section shall be construed to require Grantee to construct,
operate, or maintain underground any ground-mounted appurtenances such as Customer taps,
line extenders, system passive devices, amplifiers, power supplies, fiber splices, nodes,
pedestals, or other related equipment.
3.4.3 In the event of a City sponsored facilities relocation project that requires
conversion of overhead facilities to underground for purposes of health, safety or public
welfare, Grantee agrees to bear the costs of converting Grantee's Cable System from an
overhead system to an underground system as follows:
A. Utility Trench and Vault/Pedestal Engineering: To ensure proper
space and availability in the supplied joint trench, Grantee shall only pay for the work hours
necessary to complete Cable System related engineering coordination with the other utilities
involved in the project, if any.
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B. Conduit and Vaults/Pedestals Placement: Grantee shall only pay
for the direct cost of labor and materials it takes to place its conduits and vaults/pedestals in the
supplied joint trench and/or solo cable trench as follows:
1. If the City contractor is completing this task, Grantee shall only
pay the direct costs in accordance with Grantee's approved labor
and materials exhibits at the time of the project.
2. If the direct costs of Grantee's approved labor and materials
exhibits are not agreeable to the City or its contractor, Grantee
shall have the option to hire its own contractor(s) to complete the
work in accordance with Grantee's approved labor and materials
exhibits at the time of the project.
3. If Grantee chooses to hire its own contractor(s), the City and its
contractor(s) are responsible for coordinating with Grantee's
contractor(s) to provide reasonable notice and time to complete the
placement of Grantee's conduits and vaults/pedestals in the
supplied joint trench.
C. Within the conversion area, Grantee shall not be responsible for
any on-site coordination and performance of traffic control, trenching, backfill, and restoration,
unless it is work related to solo cable trench. In those areas, Grantee shall pay the direct cost of
labor and materials in accordance with the provisions listed in Section 3.4.3 B above.
3.4.4 In the event of a Local Improvement District (LID) project that requires
relocation or an underground conversion of Grantee's facilities, Grantee shall be reimbursed by
the LID funding for all expenses incurred as a result of the project.
3.4.5 In the event an underground conversion of cable facilities is required as
part of the street improvement condition(s) of a new subdivision and/or development, the
developer shall be responsible for all time and material costs associated with the conditioned
underground conversion of cable facilities.
3.4.6 Grantee shall utilize its best efforts to use existing poles and wherever
possible third-party conduits if capacity allows and permission from the owner is reasonably
obtained.
3.5 Work of Contractors and Subcontractors. Grantee's contractors and
subcontractors shall be licensed and bonded in accordance with the City's Ordinances,
regulations and requirements. Work by contractors and subcontractors is subject to the same
restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall
be responsible for all work performed by its contractors and subcontractors and others
performing work on its behalf as if the work were performed by it and shall ensure that all such
work is performed in compliance with this Franchise and applicable law. Grantee shall be jointly
and severally liable for all property and personal damages and for correcting all damage caused
by any contractor or subcontractor working on Grantee's behalf.
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3.6 Construction and Maintenance.
3.6.1 Subject to applicable laws and this Franchise, Grantee shall perform all
maintenance, construction, repair and upgrades necessary for the operation of its Cable System
in the Rights-of-Way. All work regarding Grantee's System shall, regardless of who performs
the work, be and remain Grantee's responsibility.
3.6.2 Grantee's Cable System shall be constructed and maintained in such a
manner as not to interfere with sewers, water pipes or any other property of the City, or with
any other pipes, wires, conduits, pedestals, structures or other facilities that may have been laid
in Rights-of-Way by, or under, the City's authority.
3.6.3 Grantee shall provide and use any equipment necessary to control and
carry Grantee's signals so as to prevent damage to the City's property or property belonging to
any Person. Grantee, at its own expense, shall repair, renew, change and improve its facilities
and equipment to keep them in good repair and in a safe and presentable condition.
3.6.4 Grantee's Cable System shall be located, erected and maintained so as not
to endanger the lives of Persons, or to unnecessarily hinder or obstruct the free use of Rights-of-
Way or other public property.
3.6.5 Grantee shall give reasonable notice to private property owners of
construction work in adjacent Rights-of-Way.
3.6.6 In the event that emergency repairs are necessary, Grantee shall notify the
City of the repairs made on the next business day. Grantee may initiate such emergency repairs
and shall apply for appropriate permits within two (2) business days after discovery of the
emergency, or as soon as reasonably practical.
3.7 One Call Notification. Prior to performing any work in the Rights-of-Way,
Grantee shall follow established procedures, including contacting the Utility Notification Center
in Washington and comply with all applicable State statutes.
3.8 Rights-of-Way Vacation. Grantee shall be notified by the City of any Rights-of-
Way vacations where its existing Cable System is located. If any Rights-of-Way or portion
thereof used by Grantee is vacated by the City during the Term of this Franchise, unless the City
specifically reserves to Grantee the right to continue the use of vacated Rights-of-Way, Grantee
shall, without delay or expense to the City, remove its facilities from such Rights-of-Way and
restore, repair or reconstruct the Rights-of-Way where such removal has occurred. In the event
of failure, neglect or refusal of Grantee to restore, repair or reconstruct such Rights-of-Way after
thirty (30) days written notice from the City, the City may do such work or cause it to be done,
and the reasonable cost thereof shall be paid by Grantee within thirty (30) days of receipt of an
invoice and documentation.
3.9 Standards. All work authorized and required hereunder shall be done in a safe,
thorough and workmanlike manner. Grantee must comply with all federal, State and local safety
requirements, rules, regulations, laws and practices, and deploy all necessary devices as required
by applicable law during construction, operation and repair of its Cable System. By way of
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ORDINANCE NO. 5720
illustration and not limitation, Grantee must comply with the National Electrical Code, National
Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards in
effect at the time of the work being performed.
3.9.1 Grantee shall ensure that all cable drops are properly bonded and
grounded at the home, consistent with applicable code requirements. All non-conforming or
non-performing cable drops shall be replaced by Grantee in accordance with the code
requirements.
3.9.2 Grantee shall endeavor to maintain all equipment lines and facilities in an
orderly manner, including, but not limited to, the removal of all bundles of unused cable.
3.9.3 All installations of equipment, lines and facilities shall be installed in
accordance with good engineering practices and of sufficient height to comply with all federal,
State and local regulations, ordinances and laws.
3.9.4 Any opening or obstruction in the Rights-of-Way or other public places
made by Grantee in the course of its operations shall be guarded and protected by Grantee at all
times by the placement of adequate barriers, fences or boarding, the bounds of which, during
periods of dusk and darkness, shall be clearly marked and visible at night.
3.9.5 Grantee and the City agree that nothing in this Franchise shall give
Grantee the right to construct new poles without prior City approval. Furthermore, nothing
contained in this Franchise gives Grantee a right of pole attachment to the City facilities or
facilities owned by third parties.
3.10 Stop Work. On notice from the City that any work is being conducted contrary to
the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City,
or in violation of the terms of any applicable permit, laws, regulations, ordinances or standards,
the work may immediately be stopped by the City. The stop work order shall:
3.10.1 Be in writing;
3.10.2 Be given to the Person doing the work and be posted on the work site;
3.10.3 Be sent to Grantee by overnight delivery at the address given herein;
3.10.4 Indicate the nature of the alleged violation or unsafe condition; and
3.10.5 Establish conditions under which work may be resumed.
Grantee shall comply immediately with any stop work order issued by the City.
3.11 Joint Trenching/Boring. To the extent it is technically and economically feasible,
Grantee shall joint trench or share bores or cuts and work with other providers (such as, but not
limited to, telecommunications, gas and electric companies), licensees, permittees and Grantees
so as to reduce the number of Right-of-Way cuts within the City.
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3.12 Trimming of Trees and Shrubbery. Grantee shall have the authority to trim trees
or other natural growth interfering with, damaging, or restricting access to any of its Cable
System facilities in the Rights-of-Way. All such trimming shall be done at Grantee's sole cost
and expense. Grantee shall be responsible for any damage caused by such trimming and shall
make every attempt to trim such trees and shrubbery in a fashion that maintains their aesthetic
appeal. Grantee shall comply with all local laws and regulations with respect to trimming of
trees and shrubbery and with all generally applicable landscaping regulations. The Grantee shall
be responsible for all debris removal associated with any such activities under this section.
3.13 Inspection of Facilities. Upon reasonable notice, the City may inspect any of
Grantee's Facilities or equipment within the Rights-of-Way and on other public property. If an
unsafe condition is found to exist, the City, in addition to taking any other action permitted under
applicable law, may order Grantee to make the necessary repairs and alterations specified therein
forthwith to correct the unsafe condition by a time the City establishes. The City has the right to
inspect, repair and correct the unsafe condition if Grantee fails to do so, and to reasonably charge
Grantee therefor.
3.14 Private Property.
3.14.1 Notice of Entry on Private Property. Except in emergency situations,
reasonable notice shall be given prior to entering private property to perform new plant
construction or reconstruction. A notice indicating the nature and location of the work to be
performed shall be physically posted upon the affected property. Grantee shall make a good faith
effort to comply with the property owner/resident's preferences, if any, on location or placement
of underground installations within the easements allowing Grantee's presence (excluding aerial
cable lines utilizing existing poles and existing cable, power or phone paths), consistent with
sound engineering practices.
3.14.2 Restoration of Property. After performance of work, Grantee shall restore
private property as nearly as practicable to its condition prior to construction.
SECTION 4. Service Obligations
4.1 Standard Installations. Subject to the density provisions described in Section 4.4
(Customer Charges for Extensions of Service) below Grantee shall provide Cable Service within
seven (7) business days of a request by any potential residential subscriber within the City
provided, however, that service can be installed via a standard installation, as described below.
For purposes of this subsection, a request shall be deemed made on the date of signing a service
agreement or receipt by Grantee of a verified verbal request. Grantee shall provide such service:
4.1.1 With no line extension charge except as specifically authorized elsewhere
in this Section.
4.1.2 At a nondiscriminatory installation charge for a standard installation,
consisting of a one hundred fifty (150) foot service drop from the cable plant in the Right-of-
Way to the exterior demarcation point for residential subscribers, with additional charges for
non-standard installations computed according to a nondiscriminatory methodology for such
installations. For non-standard installations that cannot be accommodated without an extension
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of Grantee's Cable System, the Grantee may elect to provide Cable Service to the requesting
resident(s) for the line extension on a time and material cost basis.
4.1.3 At nondiscriminatory monthly rates in accordance with applicable laws.
4.2 Provision of Cable Service. Grantee shall not arbitrarily refuse to provide Cable
Service to any Person within its Franchise Area. Notwithstanding the foregoing, Grantee may
introduce new or expanded Cable Services on a geographically phased basis, where such services
require an upgrade of the Cable System.
4.3 Service to Multiple Dwelling Units. The Grantee shall provide Cable Service to
Multiple Dwelling Units in accordance with this Franchise and separately negotiated agreements
between the property owner(s) and the Grantee.
4.4 Customer Charges for Extensions of Service. The Grantee must make Cable
Service available to every residential Dwelling Unit within the Franchise Area where the
minimum density is at least twenty (20) Dwelling Units per strand mile in areas served by
overhead facilities and forty (40) Dwelling Units per mile in areas served by underground
facilities. The Grantee may elect to provide Cable Service to areas not meeting the above density
standard and charge the requesting resident(s) for the line extension on a time and material cost
basis. The Grantee may require that the payment of the capital contribution in aid of construction
borne by such potential customers be paid in advance.
4.5 Complimentary Cable Service. Grantee will provide, upon request, without
charge, a standard installation and a minimum of one outlet of the digital level of service for Basic
and Expanded Basic Service, or the substantive equivalent thereof, including all necessary
equipment at those buildings listed in Exhibits "B" and "C", and any future sites that are owned
or leased by the City for administrative purposes, fire and police stations, Schools and libraries,
but excluding any City owned jails, provided that they are located within one hundred and fifty
(150) aerial feet (a Standard Installation) of its Cable System.
The Cable Service provided in accordance with this subsection may be distributed
beyond the originally installed outlet without authorization from Grantee. If additional outlets are
requested, the building owner and/or occupant shall be required to pay the usual installation fees
associated therewith; but no recurring monthly fees for programming or equipment. To the
extent that complimentary service is provided, there shall be no offset against Franchise Fees for
such service. Outlets of Cable Service provided in accordance with this Section may be used to
distribute Cable Services throughout such buildings; provided such distribution can be
accomplished without causing Cable System disruption and general technical standards are
maintained. Such outlets may only be used for lawful purposes consistent with Grantee's regular
service practices.
4.5.1 In the event that there is another wireline service provider (or providers)
providing Cable Service within the City, the decision of which service provider will provide the
complimentary service shall be decided on a case by case basis in an effort to maintain equitable
burdens on each provider.
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4.5.2 The Cable Service provided herein, shall not be used for commercial
purposes, and the City shall take reasonable steps to limit display of non-PEG in public areas. In
addition, the City shall take reasonable precautions to prevent any inappropriate use of the Cable
Service or the Cable System that could result in damage to the Cable System.
4.6 Obscenity. Grantee shall not transmit, or permit to be transmitted, over any
Channel subject to its editorial control any programming that is obscene under applicable federal,
State or local laws.
4.7 Services for the Disabled. Grantee shall comply with the Americans with
Disabilities Act and any amendments or successor legislation thereto.
4.8 Parental Control Device. Upon request by any Subscriber, Grantee shall make
available at no charge a parental control device, traps or filters to enable a Subscriber to control
access to both the audio and video portions of any Channels. Grantee shall inform its
Subscribers of the availability of the parental control features at the time of their initial
subscription and periodically thereafter.
4.9 No Discrimination. Neither Grantee nor any of its employees, agents,
representatives, contractors, subcontractors, or consultants, nor any other Person, shall
discriminate or permit discrimination between or among any Persons in the availability of Cable
Services provided in connection with the Cable System in the Franchise Area. It shall be the
right of all Persons to receive all available services provided on the Cable System so long as such
Person's financial, and other business obligations to Grantee are satisfied. Grantee shall not
however be required to continue service to a Subscriber who cannot meet their financial
obligations to Grantee or who is verbally or physically abusive, harassing, or threatening to
Grantee or any of its employees, agents, representatives, contractors, subcontractors, or
consultants. Nothing contained herein shall prohibit Grantee from offering bulk discounts,
promotional discounts, package discounts, or other such pricing strategies as part of its business
practice.
4.10 New Developments. The City shall provide Grantee with written notice of the
issuance of formal approvals for new subdivisions and/or planned developments within the
Franchise Area requiring underground installation and/or conversion of cable facilities as part of
the approval condition(s). The City agrees to require the developer, as a condition of issuing
land use and building permits, to give Grantee access to all open trenches for deployment of
cable facilities throughout the development and at least ten (10) business days written notice of
the date of availability of open trenches. The developer shall be responsible for the digging and
backfilling of all trenches. Grantee shall be responsible for engineering and deployment of labor
relative to its installation of cable facilities within the development.
4.11 Annexation. In the event of annexation by the City, or as development occurs,
any new territory shall become part of the territory for which this Franchise is granted. The
Grantee shall construct and extend its Cable System so that it is able to provide Cable Service to:
(i) all areas located within the City as they exist on the Effective Date of this Franchise; and (ii)
any areas which may be acquired, developed or annexed by the City during the Franchise term,
or otherwise added to the City's jurisdiction during the Franchise term, or any extension thereof.
Access to Cable Service shall not be denied to any group of potential cable Subscribers because
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ORDINANCE NO. 5720
of the income of the residents of the area in which such group resides. The Grantee shall be
given a reasonable period of time to construct and activate cable plant to service annexed or
newly developed areas but in no event to exceed twelve (12) months of Council Approval of the
annexation and written notice to the Operator, subject to the provisions on line extension herein.
4.12 Gate gories of Programming Service. Grantee shall provide video programming
services in at least the following broad programming categories:
A. news and information;
B. children/family;
C. foreign language;
D. ethnic;
E. arts and cultural;
F. sports; and
G. general entertainment.
4.13 Changes in Video Programming Services. No category of video programming
that Grantee is required to carry under Section 4.12 (Categories of Programming Service) may be
deleted by Grantee without City approval, subject to any rights the Grantee may have to modify
the requirements under 47 U.S.C. § 545. The City reserves the right to regulate to the fullest
extent permitted by law to insure that the mix, level, and quality of service are maintained or
increased, as permitted in 47 U.S.C. § 545 (a).
SECTION 5. Rates, Fees, Charges and Deposits
5.1 Rate Regulation. All of Grantee's rates and charges related to Cable Services
shall be subject to regulation by the City to the full extent authorized by applicable law. Grantee
shall notify both the City and its Customers of any changes to its rates in conformance with
federal law.
5.2 No Rate Discrimination. All rates and charges shall be published (in the form of a
publicly available rate card), and shall be nondiscriminatory for all Persons of similar classes,
under similar circumstances and conditions and without regard to neighborhood or income.
Nothing herein shall be construed to prohibit: The temporary reduction or waiving of rates or
charges in conjunction with valid promotional campaigns; The offering of reasonable discounts
to similarly situated Persons; The offering of bulk discounts for multiple Dwelling Units.
5.3 Low Income Discount. Grantee shall offer a discount of thirty percent (30%)
from the normal charge for Basic Services and installation to those individuals age sixty five (65)
or older or disabled who are the legal owner or lessee/tenant of their residence; provided, that
their combined disposable income from all sources does not exceed the Housing and Urban
Development (HUD) standards for the Seattle-Everett area for the preceding calendar year. The
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ORDINANCE NO. 5720
City or its designee shall be responsible for certifying to a franchisee that such applicants
conform to the specified criteria
5.4 Leased Access Channel Rates. Grantee shall offer Leased Access Channel
capacity on such terms and conditions and rates as may be negotiated with each lessee, subject to
the requirements of Section 612 of the Cable Act. Upon request, Grantee shall provide a
complete schedule of current rates and charges for any and all Leased Access Channels or
portions of such Channels.
5.5 Late Fees. For purposes of this subsection, any assessment, charge, cost, fee or
sum, however characterized, that Grantee imposes upon a Subscriber solely for late payment of a
bill is a late fee and changes in late fee rates shall be noticed to the City and applied in
accordance with applicable law.
SECTION 6. Customer Service
6.1 Customer Service Standards. Customer Service requirements are set forth in
Exhibit A, which shall be binding unless amended by written consent of the parties.
6.2 Privacy Protection. Grantee shall comply with all applicable privacy laws,
including Section 631 of the Cable Act and regulations adopted pursuant thereto.
SECTION 7. Consideration and Reporting
7.1 Franchise Fees, hi consideration for the grant of this Franchise, Grantee shall pay
to the City a Franchise Fee in an amount equal to five percent (5%) of Gross Revenues derived
from the operation of the Cable System to provide Cable Service in the Franchise Area
("Franchise Fee"). In accordance with Title VI of the Cable Act, the twelve (12) month period
applicable under the Franchise for the computation of the Franchise Fee shall be a calendar year
provided, however, that Grantee shall not be compelled to pay any higher percentage of
Franchise Fees than any other Cable Operator providing Cable Service in the same portion of the
Franchise Area. If during the Term of this Franchise, the FCC, federal or State government, or
the courts change the amount a City can collect for Franchise Fees, then this Franchise shall be
amended and such change shall be imposed on all similarly situated Cable Operators operating in
the same portion of the Franchise Area. Franchise Fees are not a tax.
7.2 Payments. The payment of Franchise Fees shall be made on a quarterly basis and
shall be due forty-five (45) days after the close of each calendar quarter. Grantee shall be
allowed to submit or correct any payments that were inadvertently omitted, provided such
correction is made within ninety (90) days following the close of the calendar quarter for which
such payments were applicable, without incurring any interest expenses pursuant to Section 7.5.
At the City's option, if there are overpayments of Franchise Fees, the City may choose to either
refund any such overpayments to Grantee, or Grantee shall withhold future Franchise Fee
payments until such time as said overpayment is recovered. If the City chooses the option to
refund such overpayments, then no interest shall accrue on such overpayments provided the City
refunds the overpayments within sixty (60) days' notice from Grantee. Notwithstanding the
foregoing, the parties may agree on a different timeframe or terms of repayment.
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7.3 Additional Compensation. In the event that Franchise Fees are changed by any
law or regulation, Grantee shall pay to the City the maximum amount allowed in accordance
with applicable law.
7.4 Quarterly Reports. Each Franchise Fee payment shall be accompanied by a report
prepared by a representative of Grantee showing the basis for the computation of the Franchise
Fees paid during that period.
7.5 Interest Charge on Late Payments. Late payments for any Franchise Fees due
pursuant to this Section, PEG Fees due pursuant to Section 11.8 (Financial Support for PEG) and
liquidated damages due pursuant to Section 13 (Liquidated Damages) shall be subject to the
highest rate of interest permissible under RCW 19.52.020, which as of the date of execution of
this Franchise is twelve percent (12%) per annum from the date that such payment is due.
7.6 No Release. The City's acceptance of payment shall not be construed as an
agreement that the amount paid was correct, nor shall acceptance be construed as a release of any
claim which the City may have for additional sums due under this Franchise. The period of
limitation for recovery of Franchise Fees payable hereunder shall be six (6) years from the date
on which payment by Grantee was due.
7.7 No Limitation on Taxing Authority. Nothing in this Franchise shall be construed
to limit any authority of the City to impose any tax, fee, or assessment of general applicability.
Nothing in this Franchise is intended to preclude Grantee from exercising any right it may have
to challenge the lawfulness of any tax, fee, or assessment imposed by the City or any State or
federal agency or authority, or intended to waive any rights the Grantee may have under 47
U.S.C. § 542.
7.8 Additional Commitments Not Franchise Fees. No term or condition in this
Franchise shall in any way modify or affect Grantee's obligation to pay Franchise Fees.
Although the total sum of Franchise Fee payments and additional commitments set forth
elsewhere in this Franchise may total more than five (5%) of Grantee's Gross Revenues in any
12-month period, Grantee agrees that the additional commitments regarding PEG funding and
Access Channels are excluded from the definition of Franchise Fees herein and are not Franchise
Fees, nor are they to be offset or credited against any Franchise Fee payments due to the City.
Additionally, complimentary Cable Service, as described in Section 4.5 (Complementary Cable
Service), shall not be offset against Franchise Fees either, unless otherwise mutually agreed upon
by Grantee and the City. The City and Grantee agree that any utility tax, business and
occupation tax or similar tax shall be in addition to any Franchise Fees required herein and there
shall be no offset against Franchise Fees subject to applicable law.
7.9 Franchise Fee Audit.
All amounts paid shall be subject to review or audit and recomputation by the City and
acceptance of any payment shall not be construed as an accord that the amount paid is in fact the
correct amount. The Grantee shall be responsible for providing the City and/or its designee(s) all
documents, records and certifications necessary to confirm the accurate payment of franchise fees,
regardless of whether such documents and records are held by the Grantee, an Affiliate or any other
agent of the Franchisee. The Grantee shall maintain such documents and records for six (6) years. If
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ORDINANCE NO. 5720
an audit or review discloses an overpayment or underpayment of franchise fees, the City shall notify
the Grantee of such overpayment or underpayment. The City's audit/review expenses shall be
borne by the City unless the audit determines that the payment to the City should be increased by
more than five percent (5%) in the audited period, in which case Grantee shall pay the cost of the
audit in an amount not to exceed five thousand dollars ($5,000) per year being audited for a
maximum of 3 years. Any additional amounts due to the City as a result of the audit or review shall
be paid to the City within thirty (30) days following written notice to the Grantee by the City of the
underpayment, which notice shall include a copy of the audit/review report. If the recomputation
results in additional revenue to be paid to the City, such amount shall be subject to the interest rate
set forth in Section 7.5 (Interest Charge on Late Payments). If the audit or review determines that
there has been an overpayment by the Grantee, the Grantee may credit any overpayment against its
next quarterly franchise fee payment.
7.10 Bundled Services. If Cable Services subject to the Franchise Fee required under
this Section 7 are provided to Subscribers in conjunction with Non Cable Services, the Franchise
Fee shall be applied only to the Gross Revenues of the Cable Services, as reflected on the books
and records of Grantee. Grantee shall equitably allocate charges for Cable/Non Cable Services
so as not to unfairly diminish Franchise Fees to the City.
7.11 Maintenance of Books, Records, and Files.
7.11.1 Books and Records. Throughout the Term of this Franchise, Grantee
agrees that the City, upon not less than thirty (30) days written notice to Grantee, may review
Grantee's books and records that are reasonably necessary to determine compliance with the
terms of this Franchise. The review of such books and records shall occur at Grantee's business
office (unless a substitute location is otherwise agreed upon), during normal business hours, and
without unreasonably interfering with Grantee's business operations. Such books and records
shall also include any records required to be kept in a public file by Grantee pursuant to the rules
and regulations of the FCC. All such documents pertaining to financial matters that may be the
subject of an inspection by the City shall be retained by Grantee for a minimum period of six (6)
years.
7.11.2 Confidentiality. Grantee shall not be required to disclose books and records
of any Affiliate of Grantee that is not providing Cable Service in the Franchise Area. The Grantee
recognizes that the City is under a duty to comply with requests for public records, under the State
Public Records Acts, Ch. 42.56 RCW. The City agrees to keep confidential any identified
proprietary or confidential books or records of Grantee to the extent permitted by law. Grantee
shall be responsible for clearly and conspicuously identifying the records as confidential or
proprietary. For Grantee identified confidential or proprietary books and records, Grantee shall
accommodate the review of these books and records through a Non-Disclosure Agreement
negotiated with a City designated third-party consultant. For purposes of this Section, Grantee
considers the following items to be subject to its definition of "proprietary or confidential"
including, but not limited to, information relating to the Cable System design, customer lists,
marketing plans, financial information unrelated to the calculation of franchise fees or rates pursuant
to FCC rules, or other information that is reasonably determined by the Grantee to be competitively
sensitive.
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7.11.3 File for Public Inspection. Throughout the Term of this Franchise, Grantee
shall maintain a file available for public inspection which shall include all documents required
pursuant to the FCC's rules and regulations. The public inspection file shall be maintained at
Grantee's business office and will be available to the public during normal business hours.
7.11.4 Records Required. Grantee shall provide in a timely manner upon the
City's request for any or all of the following:
(A) A route map that depicts the general location of the Cable System facilities
placed in the Right-of-Ways. The route map shall identify Cable System
facilities as aerial or underground and is not required to depict cable types,
number of cables, electronic equipment, and service lines to individual
Subscribers. The Grantee shall also provide, if requested, an electronic
format of the aerial/underground facilities in relation to a Right-of-Way
centerline reference to allow the City to add this information to City's
geographic information system program;
(B) A copy of all FCC filings issued by Grantee or its Affiliates which relate
to the operation of the Cable System in the Franchise Area;
(C) Unless otherwise required by the terms of this Franchise, the results of any
tests required to be filed by Grantee with the FCC or in the Grantee's
public file;
(D) A copy of Grantee's Cable Services, rates and Channel line-up;
(E) A compilation of subscriber complaints, subject to privacy requirements,
for the previous year, reviewing the complaint, actions taken, and
resolution. The term "complaint" as used herein refers to escalated
concerns about any aspect of the Cable System or Grantee's cable
operations
(F) Records of outages for the previous year, indicating date, duration, area,
and the number of Subscribers affected, type of outage, and cause;
(G) The most recent annual report;
(H) The number of Subscribers with Basic Service; and
(I) Such other reports with respect to its local operation as are reasonably
necessary to monitor compliance with this Franchise.
7.12 Performance Evaluations. Upon thirty (30) days written notification, the City
may hold performance evaluation sessions no more than once every twelve months to ensure
proper performance of the provisions of this Franchise.
7.12.1 All evaluation sessions shall be open to the public.
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7.12.2 Topics which may be discussed at any evaluation session include, but are
not limited to, Subscriber figures for each classification of service, construction issues, Cable
Service rate structures, Franchise Fee payments, liquidated damages, free or discounted Cable
Service, application of new technologies, Cable System performance, Cable Services currently
provided and programming offered, future plans of Grantee for new services or programs,
Subscriber Complaints, privacy, modifications to this Franchise, judicial and FCC rulings, line
extension policies and the City's or Grantee's rules; provided that nothing in this subsection shall
be construed as requiring the renegotiation of this Franchise.
7.12.3 During evaluations under this Section 7.12, Grantee shall fully cooperate
with the City and shall provide such information and documents as the City may reasonably
require to perform the evaluation.
SECTION 8. Transfer or Renewal of Franchise
8.1 Franchise Transfer. Subject to Section 617 of the Cable Act, the Cable System
and this Franchise shall not be sold, assigned, transferred, leased or disposed of, either in whole
or in part, either by involuntary sale or by voluntary sale, merger or consolidation; nor shall title
thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any
Person (hereinafter "Transfer of the Franchise") without the prior written consent of the City,
which consent shall not be unreasonably withheld.
8.1.1 Grantee shall promptly notify the City of any actual or proposed change
in, or transfer of, or acquisition by any other party in Control of Grantee. The word "Control" as
used herein is not limited to majority stock ownership but includes actual working Control in
whatever manner exercised. Every change, transfer or acquisition of Control of Grantee, except
as noted in Section 8.1.7, shall make this Franchise subject to cancellation unless and until the
City shall have consented thereto which consent shall not be unreasonably withheld.
8.1.2 The parties to the Transfer of the Franchise or change of Control shall
make a written request to the City for its approval of the Transfer of the Franchise or change of
Control (a "Transfer Application") and shall furnish all information required by law. In
reviewing a Transfer Application, the City may inquire into any matter reasonably related to the
ability and willingness of the prospective transferee or controlling party to perform, in
accordance with 47 CFR § 76.502.
8.1.3 In seeking the City's consent to a Transfer Application, the proposed
transferee or controlling party shall indicate whether, as applicable, it:
(A) Has ever been convicted or held liable for acts involving deceit including
any violation of federal, State or local law, or is currently under an
indictment, investigation or complaint charging such acts;
(B) Has ever had a judgment in an action for fraud, deceit, or
misrepresentation entered against it by any court of competent
jurisdiction;
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(C) Has pending any material legal claim, lawsuit, or administrative
proceeding arising out of or involving a Cable System;
(D) Is financially solvent, by submitting financial data, including financial
information as required by FCC Form 394; and
(E) Has the legal, financial and technical capability to enable it to maintain
and operate the Cable System for the remaining Term of the Franchise.
8.1.4 In reviewing a Transfer Application, the City may inquire into the legal,
technical and financial qualifications of the prospective controlling party or transferee, and
Grantee shall assist the City in so inquiring. The City may condition said Transfer of the
Franchise or change of Control upon such terms and conditions as it deems reasonably
appropriate and as are consistent with federal law; provided, however, that any such terms and
conditions so attached shall be related to the legal, technical and financial qualifications of the
prospective controlling party or transferee. Additionally, such Person shall effect changes as
promptly as practicable in the operation of the Cable System, if any changes are necessary to
cure any violations or defaults presently in effect or ongoing.
8.1.5 The City shall act by ordinance or resolution on the request within one
hundred twenty (120) days of the request, provided it has received all information required by
law, such as a completed FCC Form 394. Subject to the foregoing, if the City fails to render a
final decision on the request within one hundred twenty (120) days, such request shall be deemed
granted unless the requesting party and the City agree to an extension of time.
8.1.6 Within sixty (60) days of closing of any Transfer of the Franchise or
change of Control, if approved or deemed granted by the City, Grantee shall file with the City a
copy of the deed(s), agreement(s), lease(s) or other written instrument(s) evidencing such
Transfer of the Franchise or change of Control, certified and sworn to as correct by Grantee and
the transferee or new controlling entity. In the case of a Transfer of the Franchise or change of
Control, the transferee or the new controlling entity shall upon request by the City file its written
acceptance agreeing to be bound by all of the provisions of this Franchise, subject to applicable
law.
8.1.7 Notwithstanding anything to the contrary in this Section 8.1, the prior
approval of the City shall not be required for any sale, assignment or transfer of the Franchise or
Cable System to an Affiliate; provided that the proposed assignee or transferee agrees in writing
to comply with all of the provisions of the Franchise, subject to applicable law. Further, Grantee
may pledge the assets of the Cable System for the purpose of financing without the consent of
the City; provided that such pledge of assets shall not impair or mitigate Grantee's
responsibilities and capabilities to meet all of its obligations under the provisions of this
Franchise. In the event of a change in Control, the Grantee will continue to be bound by all
provisions of the Franchise.
8.1.8 The consent or approval of the City to any Transfer of the Franchise or
change in Control shall not constitute a waiver or release of any rights of the City.
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8.2 Renewal of Franchise.
8.2.1 The City and Grantee agree that any proceedings undertaken relative to
the renewal of this Franchise shall be governed by and comply with the provisions of Section
626 of the Cable Act.
8.2.2 In addition to the procedures set forth in Section 626 of the Cable Act, the
City shall notify Grantee of its assessments regarding the identity of future cable-related
community needs and interests, as well as the past performance of Grantee under the current
Franchise Term. The City further agrees that such assessments shall be provided to Grantee
promptly so that Grantee has adequate time to submit a proposal under Section 626 of the Cable
Act.
8.2.3 Notwithstanding anything to the contrary, Grantee and the City further
agree that at any time during the Term of the current Franchise, while affording the public
appropriate notice and opportunity to comment, the City and Grantee may agree to undertake and
finalize informal negotiations regarding renewal of the Franchise and the City may grant a
renewal thereof.
SECTION 9. Insurance and Indemnity
9.1 Insurance Requirements. Grantee shall maintain in full force and effect at its own
cost and expense each of the following policies of insurance or equivalent self-insurance:
A. Commercial General Liability coverage for bodily injury, personal injury,
and property damage with limits of no less than two million dollars
($2,000,000) per occurrence.
B. Commercial Automobile Liability Insurance with minimum combined
single limits of at least two million dollars ($2,000,000) per occurrence.
C. Umbrella/Excess Liability Coverage in the amount of one million dollars
($1,000,000).
D. Workers' Compensation insurance shall be maintained during the Term of
this Franchise to comply with State law.
9.1.1 Additional Insured. The City shall be included as an additional insured
under each of the insurance policies required in this Section except Workers' Compensation
Insurance. Except for Workers' Compensation, all insurance policies required hereunder shall
provide or be endorsed so that the City is covered as, and have the rights of, an additional insured
with respect to liability arising out of activities performed by, or on behalf of, Grantee under this
Franchise or applicable law, or in the construction, operation, upgrade, maintenance, repair,
replacement or ownership of the Cable System. Grantee shall provide to the City either (1) a true
copy of an endorsement covering the City as an Additional Insured for each insurance policy
required in this Section and providing that such insurance shall apply as primary insurance on
behalf of such Additional Insureds or (2) a true copy of the blanket additional insured clause
from the policies. Receipt by the City of any certificate showing less coverage than required is
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not a waiver of Grantee's obligations to fulfill the requirements. Grantee's insurance coverage
shall be primary insurance with respect to the City. Any insurance or self-insurance maintained
by the Additional Insureds shall be in excess of Grantee's insurance and shall not contribute to it.
Grantee's insurance shall apply separately to each insured against whom a claim is made or
lawsuit is brought, except with respect to the limits of the insurer's liability.
9.1.2 Coverage. Each policy shall provide that the insurance shall not be
canceled or terminated so as to be out of compliance with these requirements without forty-five
(45) days written notice first provided to the City via mail, and ten (10) days' notice for
nonpayment of any premium.
If the insurance is canceled or terminated so as to be out of compliance with the
requirements of this Franchise, Grantee shall provide a replacement policy. Grantee agrees to
maintain continuous uninterrupted insurance coverage, in at least the amounts required, until all
work required to be performed under the terms of this Franchise is satisfactorily completed and,
in the case of Commercial General Liability Insurance, for at least one (1) year after expiration
of this Franchise. Any failure of Grantee to comply with the claim reporting provisions of the
policy(ies) or any breach of an insurance policy warranty shall not affect coverage afforded
under the policy to protect the City. However, if coverage is not afforded under these
circumstances, Grantee will indemnify the City for losses the City otherwise would have been
covered for as an additional insured.
9.1.3 Alternative Insurance. Grantee shall not cancel any required insurance
policy without obtaining alternative insurance in conformance with this Franchise. Each of the
required insurance policies shall be with sureties qualified to do business in the State of
Washington with a Best's rating of no less than "A VII."
9.2 Verification of Coverage. In addition to the other requirements of this Section,
Grantee shall furnish the City with certificates of insurance reflecting at least the minimum
coverage and policy limits required hereunder. The certificates for each insurance policy are to
be on standard forms or such forms as are consistent with standard industry practices, and are to
be received by the City within forty-five (45) days of the time of acceptance of this Franchise by
Grantee with existing insurance coverage to be maintained by Grantee until that date.
9.3 Indemnification.
9.3.1 Indemnity. Grantee agrees to indemnify, defend and hold harmless the
City, its elected officials, officers, authorized agents, boards and employees, acting in official
capacity, from and against any liability, damages or claims, costs, expenses, settlements or
judgments arising out of, or resulting from the granting of this Franchise or Grantee's activities,
any casualty or accident to Person or property that occurs as a result of any construction,
excavation, operation, maintenance, reconstruction, relocation, or any other act or omission done
pursuant to the terms of this Franchise, provided that the City shall give Grantee timely written
notice of its obligation to indemnify the City. Notwithstanding the foregoing, Grantee shall not
indemnify the City to the extent that any damages, liability or claims resulting from the willful
misconduct, concurrent negligence of the City, its officers, authorized agents, or employees,
attorneys, consultants, or independent contractors for which the City is legally responsible, or for
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any activity or function conducted by any Person other than Grantee in connection with PEG
Access and/or Emergency Alert System.
9.3.2 Defense of Claims. With respect to Grantee's indemnity obligations set
forth in this Section 9.3, Grantee shall provide the defense of any claims or actions brought
against the City. Nothing herein shall be deemed to prevent the City from cooperating with
Grantee and participating in the defense of any litigation by its own counsel at its own cost and
expense; provided, however, that after consultation with the City, Grantee shall have the right to
defend, settle or compromise any claim or action arising hereunder, and Grantee shall have the
authority to decide the appropriateness and the amount of any such settlement.
9.3.3 Separate Representation. If separate representation to fully protect the
interests of both parties is necessary, such as a conflict of interest between the City and the
counsel selected by Grantee to represent the City, Grantee shall pay reasonable attorneys' fees
and expenses incurred by the City in defending itself with regard to any action, suit or
proceeding indemnified by Grantee. The City's fees and expenses shall include all out-of-pocket
expenses, such as consultants and expert witness fees, and shall also include the reasonable value
of any services rendered by the City Attorney/Prosecuting Attorney's Office or his/her assistants
or any employees of the City or its agents but shall not include outside attorneys' fees for
services that are unnecessarily duplicative of services provided the City by Grantee.
9.3.4 Duty of Defense. The fact that Grantee carries out any activities under
this Franchise through independent contractors shall not constitute an avoidance of or defense to
Grantee's duty of defense and indemnification under this Section 9.3.
9.3.5 Indemnification of Grantee. To the extent permitted by law, the City shall
indemnify, defend and hold harmless Grantee for claims arising out of the City's use of the PEG
Access Channels and/or the Emergency Alert System.
9.3.6 Grantee's Further Responsibilities. Grantee shall indemnify and hold
harmless the City from any workers' compensation claims to which Grantee may become subject
during the Term of this Franchise. It is further specifically and expressly understood that, solely
to the extent required to enforce the indemnification provided per this Franchise, Grantee waives
its immunity under RCW Title 51; provided, however, the foregoing waiver shall not in any way
preclude Grantee from raising such immunity as a defense against any claim brought against
Grantee by any of its employees or other third party. This waiver has been mutually negotiated
by the parties.
9.4 Security. Grantee shall provide a performance bond, in a form acceptable to the
City, in the amount of Two Hundred Fifty thousand dollars ($250,000.00) (the "Security") to
ensure the faithful performance of its responsibilities under this Franchise and applicable law.
Grantee may be required to obtain additional security, such as generally applicable construction
bonds, in accordance with the City's permitting requirements. Grantee shall pay all premiums or
costs associated with maintaining the Security, and shall keep the same in full force and effect at
all times and shall immediately replenish the bond upon foreclosure. Except as expressly
provided herein or as otherwise specified in the City's construction permitting requirements, the
Grantee shall not be required to obtain or maintain other security as a condition of being awarded
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ORDINANCE NO. 5720
the Franchise. Grantee shall not cancel the performance bond without obtaining an alternative
performance bond in conformance with this Franchise.
SECTION 10. System Description and System Facilities
10.1 System Description. Prior to the Effective Date of this Franchise, the parties
acknowledge that Grantee undertook a voluntary upgrade of its Cable System to a hybrid fiber
coaxial (F£FC) fiber-to-the-node system architecture, with fiber optic cable deployed from its
headend to nodes and tying into a coaxial system serving Subscribers. The Cable System is
capable of delivering high quality signals that meet or exceed FCC technical quality standards
regardless of any particular manner in which the signal is transmitted.
10.2 Technical Requirement. Grantee shall operate, maintain and construct the Cable
System so as to continue the provision of high quality signals and reliable delivery of Cable
Services. The Cable System shall meet or exceed any and all technical perfonnance standards of
the FCC as published in subpart K of 47 C.F.R. §76, the National Electrical Safety Code, the
National Electrical Code and any other applicable law.
10.3 Cable System Performance Testing. Grantee shall perform all tests on its Cable
System as required by the FCC (including at least one (1) test point located within the City) and
shall maintain written records of its test results. Copies of such test results will be provided to
the City upon request. Upon request, Grantee shall notify the City prior to any required technical
proof of performance testing and, the City may witness such testing. If the Cable System fails to
meet any portion of a proof of performance test, Grantee shall promptly take such measures as
are necessary to correct any performance deficiencies identified as part of the technical testing.
Sites shall be re-tested within five (5) days following correction until correction has been
confirmed and satisfactory results are obtained.
10.4 Technical Certification. Comcast shall annually provide to the City a certification
signed by its Vice President of Engineering for the State of Washington, or other senior engineer
as agreed upon by the City, certifying that its policies and procedures comply with all applicable
laws and codes and that all known maintenance issues have been repaired in compliance
therewith.
10.5 Additional Tests. The City may upon thirty (30) days prior written notice, require
Grantee to conduct additional tests and analyze and report on the performance of the Cable
System in the area having service problems. Grantee shall fully cooperate with the City in
performing such testing and shall prepare the results and a report if requested, within thirty (30)
days after such testing. This report shall include the following information:
10.5.1 The nature of the complaint or problem which precipitated the special
tests;
10.5.2 The Cable System component tested;
10.5.3 The equipment used and procedures employed in testing;
10.5.4 The method, if any, in which such complaint or problem was resolved; and
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ORDINANCE NO. 5720
10.5.5 Any other information pertinent to said tests and analysis which may be
required.
10.6 Standby Power. Grantee shall provide standby power generating capacity at the
Cable System Headend capable of providing at least twelve (12) hours of emergency operation.
Grantee shall maintain standby power supplies that supply back-up power for at least two (2)
hours duration throughout the distribution networks and four (4) hours duration at all nodes and
hubs.
10.7 Emergency Alert System. The Grantee shall provide an operating Emergency Alert
System in accordance with the provisions of State and federal laws, including FCC regulations.
SECTION 11. PEG
11.1 Access Channels.
11.1.1 The Grantee shall provide to the City three (3) PEG Channels (Channels 21,
26 and 77) for Subscribers within the Franchise Area. Channel 21 is a Government Access
Channel currently being programmed by the City. Channel 26 is the City's educational Access
Channel currently being programmed by the Puget Sound Educational Service. Channel 77 is a
public Access Channel currently being programmed by a designated access provider. The City
has the right to change the designation of any PEG Channel to meet the City's PEG needs and
interests. The PEG Channels shall be made available at no extra charge to Subscribers on
Grantee's Basic Service tier (the lowest tier of service).
11.1.2 The City acknowledges that the Grantee's Cable System provides additional
benefits to access programming needs beyond the requirements listed above. This is accomplished
through the inclusion of other regional access programming within the regional channel line-up that
services the Franchise Area. The Grantee will endeavor to provide the Subscribers in the Franchise
Area with the other regional access channels so long as the programmers offer them for use on the
Cable System.
11.2 High Definition Channel. The City may elect to simulcast its one (1) Government
Access Channel in high-definition (HD PEG Channel) format on the following conditions:
11.2.1 Upon request, the Grantee shall have twelve (12) months to plan, budget,
and activate the simulcast HD PEG Channel.
11.2.2 The City acknowledges that the simulcast HD PEG Channel will be
available only to those Subscribers who elect to subscribe to Grantee's high-definition Cable
Service, receive a high-definition set-top converter, and pay all fees associated therewith.
11.2.3 The HD PEG Channel will be assigned a number near other high
definition local broadcast stations, or if that is not possible, near HD news/public affairs
programming channels, or if that is not possible as reasonably close as available channel
numbering will allow. Grantee shall have sole discretion to determine the Channel placement of
the City's simulcast HD PEG Channel within its high-definition channel line-up.
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11.2.4 The City shall be responsible for all the Grantee's capital engineering
costs associated with fulfilling the request to activate the simulcast high-definition Government
Access Channel. The City shall pay through direct payment or from a City authorized
withdrawal from future Franchise Fees or PEG Fees.
11.2.5 Upon activation of the simulcast high-definition Government Access
Channel, the City shall own and maintain the encoder equipment used to transmit the high-
definition signal from City Hall (the demarcation point). The City shall provide the HD PEG
Channel signal as specified by the Grantee's engineering standards, as amended by the Grantee
from time to time because of changes in technology.
11.2.6 Grantee may, at its discretion, simulcast the remaining PEG Channels in
HD during the term of this Franchise.
11.3 Electronic Programming Guide. Grantee shall facilitate the listing of City's
Government Access programming (HD and SD) on the interactive programming guide (such as
TV GUIDE) on Tiers of service in which it is available.
11.4 Change in Cable System Technology. In the event Grantee makes any change in
the Cable System technology, which affects the signal quality or transmission of any Access
Channel programming, Grantee shall take all necessary technical steps to ensure the delivery of
Access programming is not diminished or adversely affected.
11.5 Management and Control of Access Channels. Grantee does not have any
editorial control over the Access Channel programming. The City may authorize designated
access providers to control, operate, and manage the use of any and all Access facilities provided
by Grantee under this Franchise, including, without limitation, the operation of one or more of
the Access Channels. Nothing in this Franchise prevents the City from collaborating with
another neighboring community(s), serviced by the Grantee, to facilitate the City's needs for
Access programming. The City or its designee may formulate rules for the operation of the
Access Channels. Nothing herein shall prohibit the City from authorizing itself to be a
designated access provider. Grantee shall cooperate with the City and designated access
providers in the use of the Cable System for the provision of Access Channels.
11.6 Underutilized Access Channels. Grantee and the City agree that it is their mutual
goal to fully and efficiently use the Channel capacity of the Cable System, which may include
Grantee's use of underutilized Access Channels. If Grantee believes that any Access Channel is
underutilized, it may file a request with the City to use that Access Channel. The City shall in its
sole discretion render a decision regarding the matter within sixty (60) days of receiving the
request. Should the City find that the Access Channel may be used by Grantee, then Grantee
may begin using such Channel ninety (90) days after receipt of the decision. If the City or a
Designated Access Provider wants to begin using the Channel again, then upon ninety (90) days
written notice from the City, Grantee shall discontinue using the Access Channel.
11.7 Access Channel Location. Grantee will use reasonable efforts to minimize the
movement of Access Channel assignments. Grantee shall provide to the City a minimum of
sixty (60) days' notice, prior to any relocation of its Access Channels, unless the change is
required by federal law, in which case Grantee shall give the City the maximum notice possible.
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In the event of Access Channel relocation, Grantee shall provide notice to Subscribers in the
same manner as notice is provided for any other Channel relocation.
11.8 Financial Support for PEG.
11.8.1 Grantee shall collect and remit to the City, as support for any lawful PEG
Use, thirty-five cents ($.35) per Subscriber per month, payable quarterly with Franchise Fees as a
"PEG Fee." The PEG Fee shall not be treated as franchise fees for purposes of 47 U.S.C. § 542
or any other purpose, and shall at no time be offset or deducted from franchise fee payments
made to the City under this Franchise or applicable law.
11.8.2 In the event any payment required by paragraph 1(a) is not made on or
before the required date, the Operator shall pay, during the period such unpaid amount is owed,
additional compensation and interest charges computed from such due date, at an annual rate of
twelve percent (12%), or the prime lending rate published by the Wall Street Journal on the day
the payment was due, whichever is greater. Any interest or penalties imposed hereunder shall
not be treated as franchise fees for purposes of 47 U.S.C. § 542 or any other purpose, and shall at
no time be offset or deducted from franchise fee payments made to the City under this franchise
or applicable law.
11.8.3 The City shall have the discretion to allocate the PEG Fee in accordance
with applicable law. To the extent the City makes investments in PEG using City funds prior to
receiving the PEG Fee, the City is entitled to apply the subsequent PEG Fee payments from
Grantee toward such City investments.
11.8.4 Should Grantee continue to provide Cable Service after the scheduled
expiration of the Franchise, until and unless this Franchise is superseded by a renewed Franchise
in accordance with Applicable Law, Grantee shall continue to make monthly PEG Fee payments
as specified hereinabove. The City and Grantee agree that any PEG Contribution may be referred
to on subscribers' bills as a "PEG fee" or language substantially similar thereto.
11.9 Transmission and Monitoring.
11.9.1 Grantee shall provide a technically reliable path for transmission of the
PEG Channels, which will in no way degrade the technical quality of the PEG Access Channels,
from the City's Master Control Center at the Renton City Hall and the Renton Carco Theater to
Grantee's headend on which all PEG Access Channels shall be transported for distribution on
Grantee's subscriber network. Upon written request and at the expense of the City, Grantee may
construct, relocate, and maintain additional PEG origination sites at other locations within the
Franchise Area, for the purpose of delivering Access programming. All requests for construction
of additional or relocated PEG origination sites must be made one year prior to when
construction would occur. Grantee may require that a reasonable deposit of the estimated project
cost be paid in advance.
11.9.2 Upon completion of the requested work by the City and upon submission
by Grantee of a proper invoice for payment of the cost incurred, the City shall pay Grantee
within thirty (30) days of receipt. All work shall be performed in a cost-effective manner to
minimize the costs to the City.
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11.9.4 Both parties agree that it is the responsibility of the designated access
provider(s) to provide a quality PEG signal, to the Grantee at the point of demarcation, which meets
or exceeds any applicable FCC technical standards. Notwithstanding the forgoing, the Grantee
agrees that it will deliver to subscribers a PEG signal of the same quality it receives from the
designated access provider(s) without degradation and in accordance with the FCC technical
standards. The Grantee is not precluded from down-converting the received PEG signals (i.e. FfD to
digital) nor is the Grantee precluded from digitizing an analog PEG signal, all consistent with FCC
technical standards. FCC technical standards shall be used for all testing and assessment of quality
under this section.
SECTION 12. Enforcement of Franchise
12.1 Notice of Violation or Default. In the event the City believes that Grantee has not
complied with a term or provision of the Franchise, the City shall reasonably endeavor to
informally discuss the matter with Grantee. If these discussions do not lead to resolution of the
problem within a reasonable time frame, the City shall then notify Grantee in writing of the exact
nature of the alleged noncompliance (the "Noncompliance Notice").
12.2 Grantee's Right to Cure or Respond. Grantee shall have thirty (30) days from the
receipt of the City's Noncompliance Notice: (A) to respond to the City, contesting the assertion
of the alleged noncompliance or default; (B) to cure such default; or (C) in the event that, by
nature of the default, such default cannot be cured within the thirty (30) day period, initiate
reasonable steps to remedy such default and notify the -City of the steps being taken and the
projected date that they will be completed.
12.3 Meeting. In the event Grantee fails to respond to the City's Noncompliance
Notice or that the alleged default is not remedied within thirty (30) days or the date projected by
Grantee (provided such projection is also acceptable to the City), the City shall set a meeting to
investigate said issues and the existence of the alleged default. The City shall notify the Grantee
of the meeting in writing and such meeting shall take place no less than thirty (30) days after
Grantee's receipt of the meeting notice. At the meeting the Grantee shall be provided an
opportunity to be heard and to present evidence in its defense. The Grantee may request the
attendance of the Mayor, or his/her designee, at this meeting.
12.4 Options Following Meeting. If, after the meeting, the City determines that a
default exists, Grantee and the City may agree on a plan and schedule to cure the default. Absent
such agreement, the City shall order Grantee to correct or remedy the default or breach within
such reasonable timeframe as the City shall determine. In the event Grantee does not cure the
default within such time to the City's reasonable satisfaction, the City may:
12.4.1 Pursue the revocation of this Franchise pursuant to the procedures in
Section 13 in the event of a material breach of this Franchise; or
12.4.2 Pursue any other legal or equitable remedy available under this Franchise
or any applicable law.
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ORDINANCE NO. 5720
SECTION 13. Liquidated Damages
13.1 Liquidated Damages. The City and Grantee recognize the delays, expense and
unique difficulties involved in proving in a legal proceeding the actual loss suffered by the City
as a result of Grantee's breach of certain provisions of this Franchise. Accordingly, instead of
requiring such proof, the City and Grantee agree that Grantee shall pay to the City, the sums set
forth below for each day or part thereof that Grantee shall be in breach of specific provisions of
this Franchise, not to exceed a period of one hundred eighty (180) days. Such amounts are agreed
to by both parties as a reasonable estimate of the actual damages the City would suffer in the
event of Grantee's breach of such provisions of this Franchise.
13.1.1 Subject to the provision of written notice to Grantee and a thirty (30) day
right to cure period under a City's Noncompliance Notice, the City may assess against Grantee
liquidated damages as follows: two hundred fifty dollars ($250.00) per day for failure to provide
the Access Channel(s); two hundred fifty dollars ($250.00) per day for each material violation of
the Customer Service Standards; two hundred fifty dollars ($250.00) per day for failure to
provide reports or notices as required by this Franchise; and up to two hundred fifty dollars
($250.00) per day for any other material breaches of the Franchise.
13.1.2 City shall provide Grantee a reasonable extension of the thirty (30) day
right to cure period described in Section 12.2 (Grantee's Right to Cure or Respond) if Grantee
has commenced work on curing the violation, is diligently and continuously pursuing the cure to
completion and requested such an extension, provided that any such cure is completed within one
hundred and twenty (120) days from the written notice of default.
13.1.3 The City shall not assess any liquidated damages if the Grantee has cured or
commenced to and completes the cure under the enforcement provisions of this Franchise. In the
event Grantee fails to cure within the specified cure period, or any agreed upon extensions
thereof, liquidated damages accrue from the date the City notifies Grantee that there has been a
violation.
13.2 Recovery of Amounts. The recovery of amounts under Section 9.4 (Security) and
13.1.1 (Liquidated Damages) shall not be construed as a limit on the liability of Grantee under
the Franchise or an excuse of unfaithful performance of any obligation of Grantee. Similarly, the
imposition of liquidated damages are not intended to be punitive, but rather, for City cost
recovery purposes.
13.3 Cumulative Rights. All rights and remedies given to the City by this Franchise shall
be in addition to and cumulative with any and all other rights and remedies, existing or implied, now
or hereafter available to the City, at law or in equity.
SECTION 14. Termination of Franchise
14.1 Revocation. This Franchise may be revoked and all rights and privileges
rescinded if:
14.1.1 There is an uncured violation of any material obligation under this
Franchise;
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ORDINANCE NO. 5720
14.1.2 Grantee attempts to evade any material provision of this Franchise or to
practice any fraud or deceit upon the City or Subscribers;
14.1.3 Grantee makes a material misrepresentation of fact in the negotiation of
this Franchise;
14.1.4 There is a foreclosure or involuntary sale of the Cable System;
14.1.5 Grantee willfully fails to provide services as specified in this Franchise;
14.1.6 Grantee becomes insolvent or if there is an assignment for the benefit of
Grantee's creditors; or
14.1.7 There is a pattern or practice of material violation of any requirement of
this Franchise.
14.2 Grantee Without Fault. Notwithstanding Section 14.1, none of the foregoing shall
constitute a material violation or breach if Grantee is without fault or if the violation or breach
occurs as a result of circumstances beyond Grantee's reasonable control. Grantee shall bear the
burden of proof in establishing the existence of such circumstances.
14.3 Revocation Notice. Should the City seek to revoke this Franchise after following
the procedures set forth in this Section 14, the City shall give written notice to Grantee of such
intent to revoke this Franchise. This notice of intent to revoke ("Revocation Notice") is in
addition to the Noncompliance Notice pursuant to Section 12.1 (Notice of Violation or Default).
The Revocation Notice shall set forth the specific nature of the noncompliance. Grantee shall
have thirty (30) days from receipt of such Revocation Notice to object in writing and to state its
reasons for such objection. In the event the City has not received a satisfactory response from
Grantee, it may then seek revocation of the Franchise at a public hearing before the City Council
or City Council appointed Hearing Examiner (the "Revocation Hearing"). The City shall cause
to be served upon Grantee at least thirty (30) days prior to the Revocation Hearing a written
notice specifying the time and place of such hearing and stating its intent to revoke the
Franchise.
14.4 Revocation Hearing. At the Revocation Hearing, Grantee shall be provided a fair
opportunity for full participation, including the right to be represented by legal counsel, to
introduce relevant evidence, to require the production of evidence, to compel the testimony of
Persons as permitted by law, and to question and/or cross examine witnesses. The public hearing
shall be on the record and a written transcript shall be made available to Grantee within ten (10)
business days.
14.5 Findings and Conclusions. Following the Revocation Hearing, the City Council
shall determine (i) whether an event of default has occurred; (ii) whether such event of default is
excusable; and (iii) whether such event or default has been cured or will be cured by Grantee.
The City shall also determine whether to revoke the Franchise based on the information
presented or, where applicable, grant additional time to Grantee to effect any cure. If the City
determines that the Franchise shall be revoked, the City shall promptly provide Grantee with a
written decision setting forth its reasoning.
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ORDINANCE NO. 5720
14.6 Appeal. Grantee may appeal the determination of the City made pursuant to
Section 14.5 to an appropriate court. Grantee shall be entitled to such relief as the court finds
appropriate. Such appeal must be taken within thirty (30) days of Grantee's receipt of the
determination of the City. If the Grantee appeals a decision to revoke the Franchise, such
revocation may be held in abeyance pending judicial review by a court of competent jurisdiction;
provided that the Grantee is otherwise in compliance with the Franchise, including but not
limited to continuing to pay Franchise Fees in accordance with Section 7.1.
14.7 Enforcement in Lieu of Revocation. The City may, at its sole discretion, take any
lawful action which it deems appropriate to enforce the City's rights under the Franchise in lieu
of revocation of the Franchise.
14.8 Technical Violation. The City agrees that it is not its intention to subject Grantee
to penalties, fines, forfeitures or revocation of the Franchise for so-called "technical" breach(es)
or violation(s) of the Franchise, which shall include, but not be limited, to the following:
14.8.1 Instances or matters where a violation or a breach of the Franchise by
Grantee was good faith error that resulted in no or minimal negative impact on the Subscribers
within the Franchise Area or on the City; or
14.8.2 Where there existed circumstances reasonably beyond the control of
Grantee and which precipitated a violation by Grantee of the Franchise, or which were deemed to
have prevented Grantee from complying with a term or condition of the Franchise.
SECTION 15. Miscellaneous Provisions
15.1 Authority and Changes in the Law. The City shall be vested with the power and
right to administer and enforce the requirements of this Franchise and the regulations and
requirements of applicable law, including the Cable Act, or to delegate that power and right, or
any part thereof, to the extent permitted under law, to any agent in the sole discretion of the City.
Grantee and the City shall be entitled to all rights and be bound by all changes in local, State and
federal law that occur subsequent to the Effective Date of this Franchise. Grantee and the City
acknowledge that their rights and obligations under this Franchise are explicitly subject to all
such changes.
15.2 Actions of Parties. In any action by the City or 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 not be unreasonably withheld, delayed or conditioned.
15.3 Amendments. Amendments to this Franchise shall be mutually agreed upon, in
writing by the parties.
15.4 Attorneys' Fees. If any action or suit arises in connection with this Franchise
(excluding Franchise renewal proceedings), the court shall determine which party shall be entitled
to recover all of its reasonable attorneys' fees, costs and expenses in connection therewith, in
addition to such other relief as the court may deem proper.
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ORDINANCE NO. 5720
15.5 Binding Acceptance. This Franchise shall bind and benefit the parties hereto and
their respective successors and assigns.
15.6 Captions. The captions and headings of Sections throughout this Franchise are
intended solely to facilitate reading and reference to the sections and provisions of this
Franchise. Such captions shall not affect the meaning or interpretation of this Franchise.
15.7 Costs to be Borne by Grantee. Grantee shall pay all costs of publication of this
Franchise and any and all notices prior to any public meeting or hearing in connection with this
Franchise.
15.8 Counterparts. This Franchise may be executed in several counterparts, each of
which when so executed shall be deemed to be an original copy, and all of which together shall
constitute one agreement binding on all parties hereto, notwithstanding that all parties shall not
have signed the same counterpart.
15.9 Entire Franchise. This Franchise, including the Exhibit, embodies the entire
understanding and agreement of the City and Grantee with respect to the subject matter hereof
and supersedes all prior understandings, agreements and communications, whether written or
oral.
15.10 Force Majeure. 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 of the 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, hurricane, tornado or other
catastrophic act of nature, labor disputes, failure of utility service necessary to operate the Cable
System, governmental, administrative or judicial order or regulation or other event that is
reasonably beyond Grantee's ability to anticipate or control. This provision also covers work
delays caused by waiting for utility providers to service or monitor their own utility poles on
which Grantee's cable or equipment is attached, as well as unavailability of materials or
qualified labor to perform the work necessary.
15.11 Governing Law. This Franchise shall be governed, construed and enforced in
accordance with the laws of the State of Washington as amended, federal law including the
Cable Act as amended, any applicable rules, regulations and orders of the FCC as amended and
applicable local laws now existing or hereafter amended or adopted.
15.12 Equal Employment Opportunity. Grantee shall comply with all applicable federal
and State laws affording nondiscrimination in employment to all individuals regardless of their
race, color, religion, age, sex, national origin, sexual orientation or physical disability.
15.13 Modification. No provision of this Franchise shall be amended or otherwise
modified, in whole or in part, except by an instrument in writing, duly executed by the City and
Grantee, which amendment shall be authorized on behalf of the City through the adoption of an
appropriate resolution, ordinance or order by the City, as required by applicable law.
City of Renton - Comcast Cable Franchise Agreement Page | 35
ORDINANCE NO. 5720
15.14 No Joint Venture. Nothing herein shall be deemed to create a joint venture or
principal-agent relationship between the parties, and neither party is authorized to, nor shall
either party act toward third Persons or the public in any manner that would indicate any such
relationship with the other.
15.15 Notices. All notices shall be in writing and shall be sufficiently given and served
upon the other party by hand delivery, first class, registered or certified mail, return receipt
requested, postage prepaid, or by reputable overnight courier service. As of the Effective Date
the following are the notice addresses:
To the City:
City of Renton
Renton City Hall - 7th Floor
1055 South Grady Way
Renton, WA 98055
Attn: City Clerk
To the Grantee:
Comcast Communications Management, LLC and
Comcast Cable Holdings, LLC
4020 Auburn Way N.
Auburn, WA 98002
Attention: Franchise Director
With a copy to:
Comcast Communications Management, LLC and
Comcast Cable Holdings, LLC
15815 25th Ave W.
Lynnwood, WA98087
Attention: Franchising Department
15.16 No Third-Party Beneficiaries. Nothing in this Franchise is or was intended to
confer third-party beneficiary status on any Person or any member of the public to enforce the
terms of this Franchise.
15.17 Reservation of Rights. Nothing in this Franchise shall be construed as a waiver of
any rights, substantive or procedural, Grantee or the City may have under Federal or State law
unless such waiver is expressly stated herein.
15.18 Preemption. In the event that federal or State law preempts a provision or limits
the enforceability of a provision of this Franchise, the provision shall be read to be preempted to
the extent required by law. In the event such federal or State law is subsequently repealed,
rescinded, amended or otherwise changed so that the provision hereof that had been preempted is
no longer preempted, such provision shall thereupon return to full force and effect, and shall
City of Renton - Comcast Cable Franchise Agreement Page | 36
ORDINANCE NO. 5720
thereafter be binding on the parties hereto, without the requirement of further action on the part
of the City or Grantee.
15.19 Recitals. The recitals set forth in this Franchise are incorporated into the body of
this Franchise as if they had been originally set forth herein.
15.20 Severability. If any section, subsection, sentence, clause, phrase, or other portion
of this Franchise is, for any reason, declared invalid, in whole or in part, by any court, agency,
commission, legislative body, or other authority of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent portion. Such declaration shall not affect the
validity of the remaining portions hereof, which other portions shall continue in full force and
effect.
15.21 Venue. The venue for any dispute related to this Franchise shall be the United
States District Court for the Western District of Washington, or the King County Superior Court.
15.22 Waiver. The failure of either party at any time to require performance by the
other of any provision hereof shall in no way be a waiver thereof unless specifically waived in
writing. Nor shall the waiver by either party of any breach of any provision hereof be taken or
held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision
itself or any other provision.
15.23 Independent Review; Construction. The City and Grantee each acknowledge that
they have had opportunity to receive independent legal advice in entering into this Franchise and
that both the City and Grantee understand and fully agree to each and every provision of this
Franchise. The rule of construction requiring ambiguities to be construed against the drafting
party shall have no applicability.
City of Renton - Comcast Cable Franchise Agreement Page | 37
ORDINANCE NO. 5720
IN WITNESS WHEREOF, this Franchise has been executed by the duly authorized
representatives of the parties as set forth below, as of the date set forth below:
THE CITY OF RENTON
Date:
Date:
Date:
By:_
Name: ' Denis Law
Title: May°r
COMCAST CABLE COMMUNICTIONS
MANAGEMENT, LLC
By:
Name:_
Title: "
COMCAST CABLE HOLDINGS, LLC
By:_
Name:
Title:
Approved as, to form:
•'Jr
Lawrence Warren, City Attorney
Attest:
Jason A. Seth, Acting City Clerk
A ¥
XJLJ ,
iiiitii
City of Renton - Comcast Cable Franchise Agreement Page 138
ORDINANCE NO. 5720
Exhibit A
Customer Service Standards
FCC Customer Service Standards
Grantee shall comply in all respects with the following customer service requirements
established by the §76.309 of the FCC's rules and regulations:
(1) Cable System office hours and telephone availability:
(i) The cable operator will maintain a local, toll-free or collect call telephone
access line which will be available to its Subscribers twenty-four (24)
hours a day, seven (7) days a week.
(A) Trained company representatives will be available to respond to
customer telephone inquiries during Normal Business Hours.
(B) After Normal Business Hours, the access line may be answered by
a service or an automated response system, including an answering
machine. Inquiries received after Normal Business Hours must be
responded to by a trained company representative on the next
business day.
(ii) Under Normal Operating Conditions, telephone answer time by a
customer representative, including wait time, shall not exceed thirty (30)
seconds when the connection is made. If the call needs to be transferred,
transfer time shall not exceed thirty (30) seconds. These standards shall
be met no less than ninety percent (90%) of the time under Normal
Operating Conditions, measured on a quarterly basis.
(iii) The operator shall not be required to acquire equipment or perform
surveys to measure compliance with the telephone answering standards
above unless an historical record of complaints indicates a clear failure to
comply.
(iv) Under Normal Operating Conditions, the customer will receive a busy
signal less than three percent (3%) of the time.
(v) Customer service center and bill payment locations will be open at least
during Normal Business Office Hours and will be conveniently located.
(2) Installations, Outages and Service Calls. Under Normal Operating Conditions,
each of the following standards will be met no less than ninety five percent (95%)
of the time measured on a quarterly basis:
(i) Standard Installations will be performed within seven (7) business days
after an order has been placed. "Standard" Installations are those that are
City of Renton - Comcast Cable Franchise Agreement Page | 1
ORDINANCE NO. 5720
located up to one hundred twenty-five (125) feet from the existing
distribution system.
(ii) Excluding conditions beyond the control of the operator, the cable
operator will begin working on "Service Interruptions" promptly and in no
event later than twenty-four (24) hours after the interruption becomes
known. The cable operator must begin actions to correct other Service
problems the next business day after notification of the Service problem.
(iii) The "appointment window" alternatives for Installations, Service calls,
and other Installation activities will be either a specific time or, at
maximum, a four (4) hour time block during Normal Business Hours.
(The operator may schedule Service calls and other Installation activities
outside of Normal Business Hours for the express convenience of the
customer.)
(iv) An operator may not cancel an appointment with a customer after the
close of business on the business day prior to the scheduled appointment.
(v) If a cable operator representative is running late for an appointment with a
customer and will not be able to keep the appointment as scheduled, the
customer will be contacted. The appointment will be rescheduled, as
necessary, at a time which is convenient for the customer.
(3) Communications between Cable operators and Subscribers:
(i) Refunds. Refund checks will be issued promptly, but no later than either:
(A) The customer's next billing cycle following resolution of the
request or thirty (30) days, whichever is earlier, or
(B) The return of the equipment supplied by the cable operator if
service is terminated.
(ii) Credits. Credits for Service will be issued no later than the customer's
next billing cycle following the determination that a credit is warranted.
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ORDINANCE NO. 5720
Exhibit B
City of Renton Public Buildings
CARCO THEATRE
1717 Maple Valley Hwy.
Renton, WA 98055
OLD CITY HALL
200 Mill Avenue South
Renton, WA 98055
CITY SHOPS
3555 NE 2nd St.
Renton, WA 98055
HIGHLANDS NEIGHBORHOOD
CENTER
800 Edmunds Ave NE
Renton, WA 98055
FIRE STATION #11
211 Mill Avenue South
Renton, WA 98055
FIRE STATION #12
1209 Kirkland Ave NE
Renton, WA 98055
Renton, WA 98055
RENTON HISTORY MUSEUM
235 Mill Avenue South
Renton, WA 98057
RENTON LIBRARY over the Cedar River
100 Mill Ave S
Renton, WA 98057
MAPLEWOOD GOLF COURSE
CLUB HOUSE AND RESTAURANT
4050 Maple Valley Highway
Renton, WA 98058
NORTH HIGHLAND NEIGHBORHOOD
CENTER
3000 NE 16th St.
Renton, WA 98057
PHILLIP ARNOLD PARK RECREATION
BLDG.
720 Jones Ave S
Renton, WA 98057
FIRE STATION #13
18002 108th Ave SE.
Renton, WA 98055
POLICE/CITY HALL ANNEX
1010 S. 2nd St.
Renton, WA 98057
FIRE STATION #16
12923 156th Avenue S.E.
Renton, WA 98059
RENTON COMMUNITY CENTER
1715 Maple Valley Highway
Renton, WA 98057
HIGHLANDS LIBRARY
2902 NE 12th St.
Renton, WA 98055
RENTON POLIC RADIO BLDG.
3310 N.E. 10th Street
Renton, WA 98056
HIGHLANDS PARK NEIGHBORHOOD
CENTER OFFICE, GYM & WATER
DEPT.
800 Edmunds Avenue NE
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ORDINANCE NO. 5720
RENTON SENIOR CITIZEN
211 Burnett Ave. N.
Renton, WA 98057
THE HOLM BUILDING
230 Main Avenue South
Renton, WA 98057
THOMAS TEASDALE PARK ACTIVITY
CENTER
601 S 23rd St.
Renton, WA 98055
WINDSOR HILLS PARK RECREATION
BUILDING
432 Windsor WayNE
Renton, WA 98056
LIBERTY PARK COMMUNITY CENTER
BUILDING
1101 Bronson Way North,
Renton, WA 98057
RENTON PAVILION
233 Burnett Ave S
Renton, WA 98057
CITY CENTER PARKING GARAGE
655 S. 2nd St.
Renton, WA 98057
RENTON AIRPORT OFFICE
600 Perimeter Rd. W
Renton, WA 98057
City of Renton - Comcast Cable Franchise Agreement Page | 2
ORDINANCE NO. 5720
Exhibit C
Renton Educational Facilities
16828 128th Ave. S.E.
BENSON HILL ELEMENTARY Renton, WA 98058
18665 116th Ave. S.E.
Renton, WA 98058 RENTON SCHOOL
DISTRICT NO. 403
CASCADE ELEMENTARY Administrative Center
16022 116th Ave. S.E. 435 Main Ave. So.
Renton, WA 98055 Renton, WA 98055
HAZEN HIGH SCHOOL
1101 Hoquiam Ave. N.E.
Renton, WA 98056
HIGHLANDS ELEMNTARY
2727 N.E. 9th Street
Renton, WA 98056
LINDBERG HIGH SCHOOL
116426 128th Ave. S.E.
Renton, WA 98058
MCKNIGHT MIDDLE SCHOOL
2600 N.E. 12th Street
Renton, WA 98056
NELSON MIDDLE SCHOOL
2403 Jones Ave. S.
Renton, WA 98055
MAPLEWOOD HEIGHTS
ELEMENTARY
13430 144th Ave. S.E.
Renton, WA 98056
RENTON AREA YOUTH
SERVICES
1025 S. Third Ave.
Renton, WA 98055
RENTON HIGH SCHOOL
400 S. 2nd Street
Renton, WA 98055
RENTON PARK ELEMENTARY
SIERRA HEIGHTS
ELEMENTARY
9901 132th Ave. S.E.
Renton, WA 98056
SPECIAL EDUCATION
HILLCREST
Special Prog/Multicultural
1800 Index Ave. N.E.
Renton, WA 98056
SPRING GLEN ELEMENTARY
2607 Jones Avenue S.
Renton, WA 98055
TALBOT HILL ELEMENTARY
2300 Talbot Road S.
Renton, WA 98055
TIFFANY PARK ELEMENTARY
1601 Lake Youngs Way S.E.
Renton, WA 98058
VTI/BUSINESS TECHNOLOGY
CNTR.
800 Union Ave. N.E.
Renton, WA 98056
VTI/SATORI PROGRAMS
315 Garden Ave. N.
Renton, WA 98055
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