HomeMy WebLinkAbout2005-07-05 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 05-218
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following described
locations upon his/her filing an application, having endorsed thereon the certificates of the proper
city officials as to having complied with all regulations and ordinances, and having a valid beer,
liquor, or wine license/permit, to wi't,;
Mill Restaurant - 120 E. Burlington Street
Fraternal Order of Eagles - 225 Highway 1 West
Passed and approved this ~th dayof July ,20 05 ·
CITY- CLERK Ci(y Atrtorr~e~'s"Offi~e
It was moved by ch~,p~o,~ and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
x Champion
x Elliott
× Lehman
X O'Donnell
x Vanderhoef
× Wilburn
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-219
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED
AT 1310 FOSTER ROAD, 1241 MOSES BLOOM LANE, 1221 MOSES BLOOM LANE, 1201
MOSES BLOOM LANE, 1287 & 1287% MOSES BLOOM LANE, AND 1267 & 1267~ MOSES
BLOOM LANE.
WHEREAS, on April 20, 2005, the owner of 1310 Foster Road, 1241 Moses Bloom Lane, 1221
Moses Bloom Lane, 1201 Moses Bloom Lane, 1287 & 1287% Moses Bloom Lane, and 1267 &
1267~ Moses Bloom Lane executed a Mortgage in the amount of $162,816.00 to secure a loan
from the City for said amount; and
WHEREAS, the loan was fully paid on June 22, 2005;
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien
for recordation, whereby the City does release the property located at 1310 Foster Road,
1241 Moses Bloom Lane, 1221 Moses Bloom Lane, 1201 Moses Bloom Lane, 1287 &
1287'~ Moses Bloom Lane, and 1267 & 1267% Moses Bloom Lane, Iowa City, Iowa from
the Mortgage recorded on April 21, 2005, at Book 3866, Page 199, at the Johnson
County Recorder's Office.
2. The City Clerk is authorized and directed to certify a copy of this resolution for
recordation in the Johnson County Recorder's Office, together with the attached
Release of Lien, said recording costs to be paid by the owner.
Passed and approved this ~rh day of .Iuly ,2005.
Approved by
CIT¥-GLERK City Attorney's Office
Resolution No. 05-219
Page 2
It was moved by Champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
x Champion
x Elliott
x Lehman
x O'Donnell
X Vanderhoef
x Wilburn
Prepared by: Susan Dulek, Assistant City Attorney, 410 East Washington Street, Iowa City, IA 52240; (319) 356-5030
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1310 Foster Road (Lot 15), 1241 Moses Bloom
Lane (Lot 22), 1221 Moses Bloom Lane (Lot 23), 1201 Moses Bloom Lane (Lot24), 1287 & 1287½ Moses
Bloom Lane (Lot 26), and 1267 & 1267½ Moses Bloom Lane (Lot 27), Iowa City, Iowa, and legally
described as follows:
Lots 15, 22, 23, 24, 26 and 27 Peninsula Neighborhood First Addition, Iowa City, Iowa,
according to the plat thereof recorded in Book 43, Page 275, Plat Records of Johnson County,
Iowa,
from an obligation of the property owner, Greater Iowa City Housing Fellowship, to the City of Iowa City
in the principal amount of $162,816.00 represented by a Mortgage recorded on April 21, 2005, at Book
3866, Page 199, at the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to
the above property by reason of said prior recorded document.
Ernest W. Lehman, Mayor
M~ian K. Kan', City Clerk
Approved by
City Attorney's Office
STATE OF IOWA )
)SS:
JOHNSON COUNTY)
On this -%~_ day of ~7 ,2005, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Ernest W. Lehman and Marian K. Kart, to me personally known,
who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of said municipal
corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said
municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by
authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian
K. Kart acknowledged the execution of said instrument to be the voluntary act and deed and said municipal
corporation, by it and by them voluntarily execute&
I .~ ) SONDRAE FORT
'l '[ My Commission Expires [ Notary Public in and for the State of Iowa
Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 05-220
RESOLUTION ACCEPTING THE WORK FOR THE OAKLAND
CEMETERY SEWER SEPARATION PROJECT.
WHEREAS, the Engineering Division has recommended that the work for construction of
the Oakland Cemetery Sewer Separation Project, as included in a contract between the
City of Iowa City and Tschiggfrie Excavating Co. of Dubuque, Iowa, dated February 25th,
2005, be accepted; and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office.
WHEREAS, the final contract price is $58,831.13
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa
City, Iowa.
Passed and approved this 5th day of July , 2005.
Approved by:
Cfty ,~,ttorney'~ Office
Resolution No. 05-220
Page 2
It was moved by Champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
X Champion
x Elliott
x Lehman
~: O'Donnell
x Vanderhoef
~ Wilburn
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 05-221
RESOLUTION ACCEPTING WORK FOR THE STORM SEWER PUBLIC
IMPROVEMENTS FOR LOT 205 OF WINDSOR RIDGE - PART TEN
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Storm sewer improvements for Lot 205 of Windsor Ridge - Part Ten, as constructed by
Carter & Kirkpatrick Services, Inc. of North Liberty, Iowa.
WHEREAS, a maintenance bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa,
and that all dedications and public improvements previously set aside as not being open for public
access are hereby formally accepted and declared open for public access and use.
Passed and approved this 5th day of July ,20 05
Approved by
ATTEST: -~,,~.2 ~ ~____~.~.,~ ,/~~r./~~
CITY'CLERK ' Ci y orneydOffice
It was moved by Champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
× Champion
x Elliott
x Lehman
x O'Donnell
× Vanderhoef
× Wilburn
pweng/resANindsorl0.doc
C TY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
ENGINEER'S REPORT
June 28, 2005
Honorable Mayor and City Council
Iowa City, Iowa
Re: Lot 205 of Windsor Ridge - Part Ten
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the storm sewer public improvements for Lot 205 of
Windsor Ridge - Part Ten have been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City. The required maintenance
bond is on file in the City Clerk's office for the storm sewer improvements constructed by Carter
& Kirkpatrick Services, Inc. of North Liberty, Iowa.
The storm sewer is actually a relocation of an existing storm sewer located on the lot line
between lots 205 and 206 of Windsor Ridge - Part Ten. The relocation is necessary due to the
siting of a house on the two lots.
I recommend that the above-referenced improvements be accepted by the City of Iowa City.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
pweng~etters\Windsor 10.doc
Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO. 05-222
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR
MACKINAW VILLAGE PART 1, AND DECLARING PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer, storm sewer, and water main improvements for Mackinaw Village Part 1,
as constructed by Dave Schmitt Construction Co., Inc., of Cedar Rapids, Iowa.
Paving improvements for Mackinaw Village Part 1 as constructed by City Wide
Construction Corp., of Cedar Rapids, Iowa.
WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, the traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and
that all dedications and public improvements previously set aside as not being open for public
access are hereby formally accepted and declared open for public access and use.
Passed and approved this ,Sth day of J'u~_¥ ,20 05 .
ved by -
It was moved by Cham?±on and seconded by ~ 1 ~y the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
× Champion
× Elliott
× Lehman
× O'Donnell
× Vanderhoef
× Wilburn
pweng/res/rnackinawl ,doc
CITY OF IOWA CITY
4]0 East Washington Street
Iowa City, Iowa 52240-1526
(319) 356-5000
(319) 356 5009 FAX
www.icgov.org
ENGINEER'S REPORT
June 28,2005
Honorable Mayor and City Council
Iowa City, Iowa
Re: Mackinaw Village Part One
Dear Honorable Mayor and Councilpersons:
I hereby cedify that the construction of the sanitary sewer, storm sewer, water
main and paving improvements for Mackinaw Village Part One have been
completed in substantial accordance with the plans and specifications of the
Engineering Division of the City of Iowa City. The required maintenance bonds
are on file in the City Clerk's Office for the sanitary sewer, storm sewer and water
main improvements constructed by Dave Schmitt Construction Co., Inc. of Cedar
Rapids, Iowa and for the paving improvements constructed by City Wide
Construction Corp., of Cedar Rapids, Iowa.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
Prepared by: Daniel Scott, Project Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 05-223
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
HOLLYVVOOD BOULEVARD SEWER REPAIR PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS,
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the City Hall, until 10:30 a.m. on the 26TM day of July, 2005, or
at a later date and/or time as determined by the Director of Public Works or designee, with
notice of said later date and/or time to be published as required by law. Thereafter the bids
will be opened by the City Engineer or his designee, and thereupon referred to the Council
of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at
the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 2n°day of August,
2005, or at a later date and/or time as determined by the Director of Public Works or
designee, with notice of said later date and/or time to be published as required by law, or if
said meeting is canceIled,.at the next meeting of the City Council thereafter as posted by
the City Clerk.
Passed and approved this 5th day of July ,20 05
Apprg. ved by
CIT~-CLERK City Attorney's Office
Pweng/res/hollywdseu,~r/doc 6/05
Resolution No. 05-223
Page ~
It was moved by O' Donnell and seconded by Elliott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
× Champion
x Elliott
x Lehman
X O'Donnell
x Vanderhoef
x Wi[burn
Prepared by: Dale Helling, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013
RESOLUTION NO. 05-224
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A FRANCHISE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA
AND MCC IOWA LLC (MEDIACOM) TO OPERATE A CABLE TELEVISION SYSTEM IN
IOWA CITY.
WHEREAS, the current franchise ag'reement between the City of Iowa City, Iowa (City) and MCC Iowa LLC
(Mediacom) for providing cable television services to residents of Iowa City expires in February 2006, and
WHEREAS, Mediacom has requested that its franchise be extended, and
WHEREAS, it is deemed in the interest of the City to provide for continuing cable television service to its
residents and the City desires to extend its franchise with Mediacom for the purpose of providing such
service, and
WHEREAS, the City and Mediacom have successfully negotiated a franchise extension agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The Mayor is authorized to sign and the City Clerk to attest a franchise agreement between the City of Iowa
City, Iowa and MCC Iowa LLC (Mediacom), which is entitled "Broadband Telecommunications Franchise
Agreement" and is attached to, and hereby made a part of this resolution.
Passed and approved this 5t:~_ day of ,.Tul¥ ,20 05
CI'["r~SLERK City Attorney's Office
It was moved by Cb. amploz3 and seconded by Yande~:hoe£ the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
× __ Bailey
× __ Champion
X __ Elliott
X __ Lehman
× __ O'Donnell
× __ Vanderhoef
× __ Wilburn
rngr/asst/res/mediacom doc
2005 FRANCHISE AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND MCC IOWA LLC (MEDIACOM)
Page 1 of 46
TABLE OF CONTENTS
I. NONEXCLUSIVE FRANCHISE ............................................................. 1
II. GRANTED TO MCC IOWA LLC ............................................................ 1
III. RIGHT OF CITY TO ISSUE FRANCHISE ................................................ 2
IV. TERM ............................................................................................. 2
V. FRANCHISE NONEXCLUSIVE .............................................................. 2
VI. DEFINITIONS .................................................................................. 2
VII. SERVICE AREA ................................................................................. 2
VIII. SYSTEM AND CAPACITY ................................................................... 3
IX. CONSTRUCTION .............................................................................. 7
X. SYSTEM SERVICES ............................ : ................................................. 7
XI. ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES ................. 8
XII. INTERCONNECTION ....................................................................... 11
XIII. SUBSCRIBER INFORMATION AND POLICY ........................................ 12
XIV. NON-DISCRIMINATION .................................................................. 14
XV. RATES ........................................................................................... 14
XVI. FRANCHISE RENEWAL ................................................................... 14
XVII. POLICE POWERS ........................................................................... 14
XVIII. FRANCHISE FEE AND PERFORMANCE BOND ................................. 14
XIX. REGULATION ................................................................................ 15
XX. REMEDIES ..................................................................................... 15
XXI. COOPERATION ............................................................................... 16
XXII. WAIVER ....................................................................................... 16
XXIII, CUMULATIVE PROVISION .............................................................17
XX[V. NO LIABILITY .............................................................................. 17
Page 2 of 46
APPENDICES
A. General System Design Specifications
B. Drop Technical parameters
C. Delivery system equipment list
D. Test equipment available to Iowa City within 24 hours
E. Preventative maintenance program
F. Franchisee's construction manual
G. Cutover process
H. Programming categories
I. Free drop locations
J. Access channel placement
K. Access publicity
L. Business and repair hours
Page 3 of 46
BROADBAND TELECOMMUNICATIONS FRANCHISE AGREEMENT
I. NONEXCLUSIVE FRANCHISE
A. This section grants a thirteen-year nonexclusive Franchise to operate a
cable television system to MCC Iowa LLC (hereinafter referred to as Franchisee). The
Franchise granted shall, as set forth below, be subject to the provisions of the
Broadband Telecommunications Enabling Ordinance and this Franchise Agreement.
B. Subject to Section 626 of the Cable Television Consumer Protection
and Competition Act of 1992 and the Telecommunications Act of 1996, the City
Council reserves the right to refuse to select a Franchise holder if such refusal is
subsequently deemed to be in the public interest.
C. If the terms and conditions specified in this Franchise conflict or
modify the Ordinance, the provisions of the Ordinance shall apply.
II. GRANTED TO MCC Iowa LLC
A. Purpose. The purpose of this section is to award a Franchise, for a cable
television system to MCC Iowa LLC. Franchisee will endeavor to provide top quality
cable service.
B. Enactment. Franchisee is hereby granted a nonexclusive Franchise to
operate a cable television system within the City in accordance with the Ordinance of
this title, which establishes standards, regulations and procedures for the granting of a
cable television Franchise, this Franchise and the rules and regulations adopted by the
Iowa City Telecommunications Commission, all Ordinances of the City and all
applicable rules and regulations of the Federal Communications Commission and the
State.
C. Effective Date. This Franchise shall not become finally effective until
the Franchisee files an acceptance in writing with the City of Iowa City. The
Franchisee shall have up to sixty (60) days from the date the franchise is signed by
the Mayor to provide such written acceptance. Immediately upon the taking effect of
this Franchise Agreement, the prior franchise granted to MCC Iowa LLC shall be
superseded and of no further force and effect; provided, however, vested rights
relating to billings and the City's rights to accrued franchise fees shall not be affected
thereby.
D. Use of Public Ways. For the purpose of operating and maintaining a cable
television system in the City, Franchisee may erect, in, over, under, or upon, across, and
along the public streets, alleys, and ways within the City such wires, cables, fiber optics,
conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals,
Page 4 of 46
attachments, and other property and equipment as are necessary and appurtenant to the
operation of the cable television system in the City and in accordance with this Franchise
and the Ordinance.
III. RIGHT OF CITY TO ISSUE FRANCHISE.
Franchisee acknowledges and accepts the legal right of the City to issue this Franchise.
IV. TERM.
The term of the Franchise shall be for a period of thirteen (13) years from the
effective date, unless sooner terminated as provided in the Ordinance, at which time it
shall expire and be of no further force and effect.
V. FRANCHISE NONEXCLUSIVE.
Consistent with the requirements of the Ordinance, this Franchise shall not be
construed as any limitation upon the right of the City to grant to other persons rights,
privileges, or authorities similar to the rights, privileges, and authorities herein set forth,
in the same or other streets, alleys, or other public ways or public places. The City
specifically reserves the right to grant at any time during the term of this Franchise or
renewal thereof, if any, such additional Franchises for a cable communications system as
it deems appropriate. In the event the Franchising Authority enters into a franchise with
any other person or entity other than the Franchisee to enter into the City's streets and
public ways for the purpose of constructing or operating a cable television system to any
part of the service area, the material provisions thereof shall be reasonably comparable to
those contained herein, taking into account the size and population of the franchised area,
including but not limited to, franchise fee, external costs, access fees, if applicable,
design, term, density requirements and system capacity requirements.
VI. DEFINITIONS.
All definitions set forth in the Ordinance pertain to this Franchise and shall be
relevant to the purposes and meaning of this Franchise.
VII. SERVICE AREA.
A. Service to all Residents. Franchisee shall offer cable television
residences service to all areas of the City which are in the corporate limits of the City
of Iowa City and that meet the density requirements under paragraph B of this
section, on the effective date of this Franchise. The Showers Addition and/or Camp
Cardinal Road shall be served within six (6) months of when the City extends City
services and requests services to the Showers Addition and/or Camp Cardinal Road
respectively.
Page 5 of 46
B. New Residential Construction. Franchisee shall extend service to all
new residences in all unwired developments within six months of a request of a
subscriber in an area to be served by underground construction and within three
months of a request of a subscriber for areas to be served aerially, whenever density
of at least twenty (20) residential dwelling units per cable plant mile; as measured
from the existing facilities of Franchisee's cable system in the franchise area. For
purposes of this section, density per cable mile shall be computed by dividing the
number of residential dwelling units in the area by the length, in miles or fractions
thereof, of the total length of aerial or underground cable necessary to make service
available to the residential dwelling units in such area in accordance with
Franchisee's system design parameters. The cable length shall be measured from the
nearest point on the then existing system. The total cable length shall exclude the
drop cable necessary to serve individual subscriber premises.
C. Contribution-in-aid. If an area does not meet the required number of
residential dwelling units per cable mile, Franchisee shall bear its pro-rata share of the
current construction costs based upon the actual number of residential dwelling units
per mile. For example, if there are 5 residential dwelling units in a residentially zoned
area, the Franchisee's share would be 5/20ths or 1/4 of the construction cost. The
remaining construction costs shall be borne on a pro-rata basis by each cable
television subscriber. After completion of the project, should additiomil subscribers
request and receive cable television service, the pro-rata shares shall be recalculated.
Any new subscriber shall pay the new pro-rata share and all prior contributing
subscribers shall receive appropriate refunds. In any event, at the end of two (2) years
from the completion of residential construction in the area, the subscribers shall no
longer be eligible for refunds, and any amounts paid in construction costs will be
credited to the plant account of Franchisee.
D. Service Area. The service area of Franchisee shall be the entire corporate
boundaries of the City of Iowa City and include any areas annexed to the City in the
future.
E. Commercial Service. Franchisee shall, upon request, make service
available to all commercial/industrial establishments served aerially which are located
within 125 feet of the system at Franchisee's standard installation rate expense. For
commercial/industrial establishments served underground or for aerial extensions beyond
125 feet, Franchisee shall, upon request, make service available on the basis of a capital
contribution in aid of construction, including cost of material, labor, and easements. For
the purpose of determining the amount of capital contribution in aid of construction to be
borne by the Franchisee and the commercial/industrial establishments in the area in
which service may be expanded, the Franchisee will contribute an amount equal to the
construction and other costs per mile, multiplied by a fraction whose numerator equals
the actual number of commercial/industrial establishments per 1320 cable-bearing strand
feet of its trunks or distribution cable, and whose denominator equals eight (8)
commercial/industrial establishments. Commercial/industrial establishments who request
Page 6 of 46
service hereunder will bear the remainder of the construction and other costs on a pro-rata
basis. The Franchisee may require that the payment of the capital contribution in aid of
construction be borne by such potential commercial/industrial establishments be paid in
advance.
F. House Moving. Franchisee shall, upon the request of the City, move and
replace its facilities to accommodate house moves conducted on behalf of the City, at a
time and materials cost to the City. Wherever feasible, the City shall use its best efforts to
ensure that house moves follow the same or similar path.
VIII. SYSTEM AND CAPACITY.
A. System. The parties understand and agree that Franchisee shall construct
a cable system which delivers cable television signals processed at 750 MHz utilizing a
fiber to the node design or better. The system will be designed so that there are no
more than five (5) amplifiers in cascade. Fiber optic receiver nodes located throughout
the plant will divide the distribution of cable signals to an average of 500 homes per
fiber node or less. Further, Franchisee will provide 5-40 MHz upstream from each fiber
node. The system shall be constructed and operated in accordance with the design
specifications in Appendix A, attached hereto and incorporated by reference. The
system shall be operated in accordance with performance standards which meet or
exceed FCC regulations.
B. Construction Timetable. If the Franchisee upgrades or rebuilds its system,
the Franchisee shall notify the City of the extent and duration of construction. Two
months prior to the initiation of construction of any system-wide upgrade or rebuild,
Franchisee shall provide a neighborhood construction schedule which details the
timeframe for construction in each neighborhood and area of the City.
C. Construction Oversight. After any upgrade or rebuild, Franchisee will
inspect 100% of all fiber and coaxial cable to insure that it meets the specifications of the
Ordinance and this Franchise and Franchisee will inspect and audit 35% of the subscriber
drops. The Franchisee shall designate an employee to act as a company representative by
responding to public service complaints on a daily basis during any upgrade or rebuild
and provide the City with the person's name and telephone number.
D. Compliance with Applicable Law. In constructing, operating and
maintaining the system, Franchisee shall at all times comply with the Ordinance and all
applicable laws and regulations.
E. Drops. All drops not meeting the standards of the National Electric Safety
Code or the technical parameters in Appendix B, attached hereto and incorporated by
reference, shall be replaced when found to be substandard. The system shall be designed
to allow each subscriber drop to provide service to four (4) television outlets.
Page 7 of 46
F. Equipment Quality. Equipment used for the distribution system, headend
and reception facilities shall be of good and durable quality and be serviced and repaired
on a regular basis and shall at all times be of equal or better quality than the equipment
listed in Appendix C, attached hereto and incorporated by reference.
G. Services, Equipment and Facilities. Up to one year after new cable
services, equipment, and/or facilities are offered by Mediacom Communications
Corporation or its subsidiaries in: the City of Ames, Iowa; municipalities served by the
same headend as Iowa City; municipalities served by the headend in Mason City; or
municipalities served by the headend in Fairfield, excluding experimental and
demonstration projects, Franchisee shall make new services, equipment and/or facilities
available to all subscribers requesting such level of service. Such new services,
equipment and/or facilities shall comply with the then national standards for digital
technology and shall provide state-of-the-art features equal to those being introduced
during the same year in other systems owned by Mediacom Communications Corporation
or its subsidiaries in: the City of Ames, Iowa; municipalities served by the same headend
as Iowa City; municipalities served by the headend in Mason City; or municipalities
served by the headend in Fairfield. If the Franchisee believes that any such state-of-the-
art features will not generate a reasonable rate of return over the remaining term of the
Franchise Agreement; the Franchisee may request the City to relieve the Franchisee of
such requirement. The City shall determine, taking cost, rate of return and rates into
consideration, whether the Franchisee should be relieved of the requirement or whether
the Franchisee can reasonably expect a reasonable return on investment during the
remaining term of the Franchise Agreement and should provide such state-of-the-art
feature. Franchisee shall be given an opportunity to present information to the City
Council prior to a decision being made. Notwithstanding the above, no requirement to
provide telephone service shall be required by this Section. All programming services
exclusively offering adult rated programming shall provide picture and audio scrambling
of services not purchased by a specific subscriber. Franchisee shall maintain its trap
system, as needed, for subscribers not utilizing converters. The City Council may, in its
discretion, extend the time for the Franchisee, acting in good faith, to provide new
services, equipment and/or facilities. The timeframe for providing new services,
equipment and/or facilities shall be extended for any period during which the
Franchisee demonstrates to the satisfaction of the City that the Franchisee is being
subjected to delay due to circumstances reasonably beyond its control, such as acts of
God and labor strikes.
H. Upstream Capacity for City Use. Franchisee shall reserve and give the
City the option to use the up and downstream capacity on the cable system not to
exceed one-half (1/2) MHz in either direction, to allow the City to collect data and
other signals from subscriber homes or City sites for non-commercial governmental
and educational purposes only. Franchisee shall cooperate with the City on pilot
projects and Citywide implementation, including but not limited to, City installation
and use of equipment which utilizes a larger amount of bandwidth than described
above, if necessary, so long as the actual bandwidth utilized by the City is the same or
Page 8 of 46
less than that described above. Franchisee shall allow the City to co-locate necessary
equipment on the cable system provided said equipment does not interfere with the
system's integrity. The Franchisee shall provide such capacity to the City at a rate
which, at a maximum, shall be equal to the lowest rate provided to any commercial
customer or subsidiary company. Ongoing maintenance charges will be at cost and at
the City's option, such cost will be paid by the City or a third party.
I. Emergency Alert. Franchisee shall continue to provide an all-channel,
local emergency alert system for use by the City if the City has filed all necessary
plans required by state and federal emergency management agencies. Emergency
messages can be initiated from any touch-tone phone with an access code. The
emergency alert service shall be upgraded throughout the Franchise term as set forth
in FCC rules, regulations, or guidelines. The Franchisee shall not be held responsible
for any failure of the emergency alert system to operate during any emergency.
J. Test Equipment. Throughout the term of the Franchise, Franchisee shall
have accessible to Iowa City within a 24-hour period, test equipment equal to or
better than that specified in Appendix D, attached hereto and incorporated by
reference.
K. Ongoing Preventive Maintenance. Franchisee will comply with the
preventive maintenance program specified in Appendix E, attached hereto and
incorporated by reference.
L. Interference on Channel 19. Franchisee will not use Channel 19 for
video, but for alphanumeric purposes, to avoid interference from radio/pagers. During
the term of the Franchise, Franchisee will provide notice to consumers, on how
interference problems experienced by customers on specific channels can be alleviated,
through TV ads and billing messages mailed to subscribers.
M. Satellite Earth Station. The system configuration shall include earth
stations which shall ensure the ability to receive signals from operational
communications satellites that predominately carry programming services available to
cable systems throughout the life of the Franchise.
N. Standby Power. Franchisee shall provide 20,000 Watt standby power-
generating capacity at the headend. Franchisee shall maintain standby power system
supplies, rated for at least two and one-half (2.5) hours duration at all optical node
locations in the distribution network.
O. Parental Control Devices. Franchisee shall provide to subscribers, upon
request, parental control devices that allow any channel or channels to be locked out.
Such devices shall block both the video and the audio portion of such channels to the
extent that both are unintelligible. The cost to subscribers for parental control devices is
subject to FCC regulation.
Page 9 of 46
P. Performance Testing. Franchisee shall perform all system tests and
maintenance procedures as required by and in accordance with: the FCC; Franchise;
Ordinance; Franchisee's standards of good operating practice; and the National Cable
Television Association's test procedure guidelines.
Q. Technical Standards. The cable communications system permitted to be
operated hereunder shall be installed and operated in conformance with the Ordinance,
this Franchise, and FCC rules and regulations. Any FCC technical standards or guidelines
related to the cable communications system and facilities shall be deemed to be
regulations under this Franchise. At such time as the FCC does not regulate technical
standards, Franchisee will continue to comply with the FCC standards which were in
effect on the effective date of this Franchise.
R. Employee Identification. Franchisee shall provide a standard identification
document to all employees, including employees of subcontractors, who will be in
contact with the public. Such documents shall include a telephone number that can be
used to verify identification. In addition, Franchisee shall use its best efforts to clearly
identify all field personnel, vehicles, and other major equipment that are operating under
the authority of Franchisee.
S. Stereo. Upon completion of the rebuild, the system will have the
capability and shall provide Broadcast Television Systems Committee (BTSC) stereo
signals.
IX. CONSTRUCTION.
A. System Design Review. The City shall have the authority to review the
technical design plans of the system for any upgrade or rebuild to ensure that the system
design meets the requirements of this Franchise, the Ordinance, as well as applicable
portions of the City Code governing construction within public rights-of-way and
applicable local regulations. Franchisee shall provide the following design information:
engineering design maps; key for design maps; system level design information (e.g.,
block diagram of headend, satellite or off-air studies, power supply map); test plan for
the existing coaxial cable to be used in the system; and contact engineer who will be
available to discuss project details. On a case by case basis, Franchisee may use existing
coaxial cable which meets manufacturer specifications. Franchisee shall perform end of
the line test to ensure that the coaxial cable plant tested performs according to
manufacturer specifications. In cases where the cable does not meet such specifications,
Franchisee shall replace the cable and shall use its best efforts to minimize disruption to
effected subscribers. The City shall protect the proprietary system design information
submitted by Franchisee. The .Franchisee shall send the design information to the
location specified by the City as such maps are available to the Franchisee. Franchisee's
regional engineer will review the design with City designated persons.
Page 10 of 46
B. Construction Manual. Franchisee shall construct the system in accordance
with Franchisee's construction manual. See Appendix F, attached hereto and incorporated
by reference. The Franchisee shall follow the permitting process as specified by the City.
C. Underground Construction. Franchisee shall participate in and use Iowa
One Call and ensure that cable is buried at a depth of a minimum of twelve inches (12").
Temporary drops will be buried within one month of installation, weather permitting.
D. Consumer Compatibility. Franchisee shall comply with FCC consumer
compatibility rules and guidelines and will use its best efforts to provide subscriber
friendly technology. The basic tier of service shall be offered in a format compatible with
FCC regulations.
E. Conversion. Subscribers shall not be charged by Franchisee for conversion
from the existing system to any upgraded or rebuilt system. In the event that special
additional or customized equipment is requested by any subscriber or is required to
provide such service to any subscriber, Franchisee may charge the subscriber for such
equipment. So that customers will experience the least possible interruption of service,
Franchisee shall perform the cutover to the new system as specified in Appendix G,
attached hereto and incorporated by reference. Franchisee will notify subscribers and the
public in general of the cutover, using a combination of at least two of the following: bill
stuffers; direct mail; news releases; radio announcements; CSR training; and community
bulletin board announcements. Internal wiring shall comply with the Iowa City Electrical
Code.
X. SYSTEM SERVICES.
A. Additional Services. Franchisee shall provide a good mix of
entertainment and information programming generally available to the cable television
industry, taking into account the needs and interests of the population of the City of Iowa
City. At a minimum, the system shall provide the broad categories of programming
specified in Appendix H, attached hereto and incorporated by reference. Prior to selecting
all the new services to be offered after any upgrade or rebuild, Franchisee shall conduct a
statistically valid consumer market survey by telephone of 200 randomly selected homes
to assess what new programming consumers are most interested in receiving, in addition
to those specified in Appendix H. Franchisee shall use its best efforts to provide the
programming that had the highest degree of community interest and that would serve the
community interests indicated in their own survey and in any consumer market survey
conducted on behalf of the City. The results of the consumer market survey will be
provided to the City within thirty (30) days of completion.
B. Leased Access Channels. Franchisee shall offer leased access channels at
such terms and conditions and rates as may be negotiated with each lessee subject to the
requirements of Section 612 of the Cable Act.
Page 11 of 46
C. Cable Drops and Monthly Service. Franchisee shall provide one free cable
drop and free, basic and tier services, excluding premium services, audio services, pay-
per-view, etc., to locations already provided with free drops, locations listed in Appendix
I, attached hereto and incorporated by reference, and at any other public buildings
designated by the City. All non-premium programming and closed-circuit training
programming shall be transmitted to all of these locations on the cable system, free of
charge.
D. Institutional Channels. If allowed by Federal law and regulation, the
government and educational access channels shall be provided with the capability to
transmit for closed-circuit institutional programming. The Franchisee shall provide an
appropriate device for the reception of scrambled institutional programming offered over
the subscriber network on the scrambled government and educational access channels to
all local government and educational locations receiving free drops and service. The
necessary headend equipment for modulation, scrambling, and cablecasting of the
closed-circuit signals shall be provided by the Franchisee. Franchisee shall provide
channel scrambling as requested by the City and educational institutions on the
scrambled government and educational access channels.
E. Closed Captioning. Franchisee shall pass through all closed-circuit
signals received by the system for the hearing impaired. Closed-caption devices will
be provided for sale and installation by Franchisee.
F. Interactive Services. Franchisee shall provide one free cable modem and
free cable modem/Internet service for all public schools.
XI.~ ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES.
In order to develop and promote public, educational, and government access
programming for the system's access channels, Franchisee hereby agrees to provide
the following.
A. Access Channels. Franchisee shall use its best efforts to maintain the
number and channel position of the access channels as shown in Appendix J, attached
hereto and incorporated by reference. Franchisee shall provide the following number
of dedicated access channels: three (3) channels for government access; two (2)
channels for educational access; one (1) channel for public access; and one.(1)
channel for Kirkwood Community College. Upon the City's request, Franchisee shall
activate the following additional access channels on the basic tier; one (1) channel for
community programming and/or access and one (1) channel for educational access.
Upon the request of the City, whenever any public access channels as set forth in this
section shows documented proof of performance that they are in use 80% of the
cablecast week for any 6 week consecutive timeframe, given at least 8 hours per day,
7 days per week cablecast schedule, with at least 80% (of the time the channel is
programmed), unduplicated locally originated programming, the Franchisee shall
Page 12 of 46
make such additional access channels) available as necessary for access use within 6
months of receipt of request by the City. The City agrees to share the above listed
access channels with other communities served by the same headend on a switched
basis. Franchisee shall provide automatic switching from a site selected by the City
for any switching needed by the City to allow City programming to be viewed within
the City while other communities may be viewing other governmental programs.
Other communities, such as Coralville, served by the same headend shall have remote
switching capability to allow programming to be viewed within their respective
municipalities while Iowa City programming continues to be viewed within the City
of Iowa City.
In the spectrum between 550 MHz and 750 MHz, and if Franchisee expands
bandwidth, the City reserves ten percent of the bandwidth for public, educational and
government access use up to 100 analog channels. Such bandwidth will be made
available within six (6) months of a request by the City. The City shall make such
request when the governmental, educational, and/or public access entities have
demonstrated to the City that such additional capacity is needed and usage meets the
formula for bandwidth activation specified above.
Such additional capacity shall be dedicated for the type of access specified by
the City. All active access channels shall be placed on the basic tier of service, unless
both parties mutually agree otherwise.
The City may prescribe: rules and procedures under which the cable operator
is permitted to use access channel capacity for the provision of other services if such
channel capacity is not being used for the purposes designated; and rules and
procedures under which such permitted use shall cease.
B. Access Equipment, Support, and Facilities. The Franchisee shall
provide the City with funds in monthly payments for equipment, facilities, and
ongoing support for public, educational, governmental access, and community access
programming, in an amount equivalent to fifty-five (55) cents per subscriber per
month starting on the effective date of this franchise extension and, thereafter, until
the conclusion of the fifth year of the term. At the beginning of the sixth year of the
term and for the remainder of the franchise term, the Franchisee shall provide the City
with payments, for the purposes listed above, in ~tn amount equivalent to sixty (60)
cents per subscriber per month. Both parties agree that all such funds will not be
deducted from the franchise fee. The City agrees that all amounts paid by Franchisee
pursuant to this section may be added to the price of cable services and collected from
Franchisee's subscribers as "external costs" as such term is used in 47 C.F.R. on the
effective date of this Franchise. In addition, all amounts paid under this section may
be separately stated on subscriber's bills as permitted in 47 C.F.R. 76.985. Such
payments will be made by the Franchisee to the City on a monthly basis.
C. Access Services. Franchisee agrees to continue to provide to the non-
profit corporation designated by the City and/or other entities designated by the City,
Page 13 of 46
including the City itself, to carry out the day-to-day operations of public access and
community programming with annual payments based on a $189,923.44 annual
payment for the calendar year 2005. Said amount shall be increased successively
thereafter annually for inflation for the term of the Franchise. Both parties agree that
all said funds for access services will not be deducted from the franchise fee and
agree that only the annual inflation adjustments may be passed through to subscribers
and may be separately stated on subscriber's bills. This is in addition to the amount
specified in paragraph B above. All inflation adjustments shall be based upon the
annual change in the CPI-U, U.S. Cities Average, published by the U.S. Department
of Labor, using the base month of September each year. All annual payments shall be
due January ISt of each year.
D. Publicity. Franchisee agrees to provide the publicity services as
specified in Appendix K, attached hereto and incorporated by reference.
The Franchisee shall provide one hundred (100) run of scheduled public
service announcements per month for use by the City or access channel operators.
Production of the public service announcements will be the responsibility of the City
or the access channel operators.
E. Optical Transmission Equipment. The Franchisee agrees to provide one
digital, optical transmission package. The Franchisee agrees to connect the optical
equipment using coaxial cable or fiber optics with the Library, the Senior Center, City
Hall, and a school site (including but not limited to the permanent access channel(s),
the library channel, the public access channel, the government channel, the
community programming channel and the educational access channel).
F. Closed Circuit Operations. Franchisee shall provide, free of charge, an
appropriate device for the reception of scrambled institutional programming offered
over the subscriber network to schools and government buildings receiving free drops
and service.
The necessary headend equipment for modulation, scrambling, and
cablecasting of the closed-circuit signals on the educational, and government access
channels, shall also be provided. Franchisee shall provide channel scrambling as
requested by government and educational access channel operators. Franchisee shall
provide the City and schools with 185 converters and scrambling devices, free of
charge, within one hundred twenty (120) days of the completion of the rebuild.
G. Signal Quality. Franchisee shall assure that the access channel delivery
system from the City Hall and all other origination points specified herein meet the
same technical standards as the remainder of the system as set forth in Section VIII
herein. Annually, or upon request by the City, Franchisee shall test the delivery
system from the origination sites to ensure a high quality picture is provided to
subscribers. Grantee shall use reasonable efforts to optimize the picture quality of the
access channel delivery system.
Page 14 of 46
H. Treatment. The Franchisee will confer with the City on the content and
format of any separate line item on the monthly bill related to local programming.
I. Origination Sites. The Franchisee shall maintain and/or replace and
maintain throughout the franchise term, the active origination lines from the locations
from which local programming can be originated on the effective date of this
Franchise to the Franchisee's headend.
The Franchisee shall provide two thirds of the costs of constructing origination
capability to: Dubuque and Iowa streets; Clinton and Iowa streets; and an extension at
the Library. The City shall pay one third of such costs. The costs shall not exceed the
following: $23,505 for the origination site at Dubuque Street and Iowa Avenue;
$32,499 for the origination site at Clinton Street and Iowa Avenue; and $7,200 for the
library origination site extension to allow programming near the fountain. Franchisee
shall construct the origination sites upon the written request of the City, starting in
2006. The City shall determine the order of construction of the sites and the timing
for construction. The Franchisee shall not be required to construct more than one site
per year. The Franchisee shall complete construction of each origination site no later
than June 30th of the following calendar year upon receipt of a written request from
the City. Franchisee shall design the origination site routing in cooperation with the
City.
In addition to the origination sites financed as described above, the Franchisee
agrees to construct additional origination lines upon the request of the City, if the
expense of the additional lines is borne by the City or other City designated entities,
the cost for such origination lines shall not exceed the Franchisee's actual cost of
construction. Any such additional fiber optic lines shall use the most efficient routing
and shall be designed in cooperation with the City.
XII. INTERCONNECTION.
A. Interconnection. Franchisee's system design shall allow originating
institution's signals (public, educational, and governmental channels) to be made
available in contiguous communities which are served by the Iowa City headend. If
legal and technically feasible, Franchisee agrees to allow interconnection with
communities r~ot served by the Iowa City headend provided, however, that such
communities, the City, and/or a third party, supply and bear the cost for the
interconnect to Franchisee's headend or locations on the system easiest to reach
and/or at the least cost, related to access programming origination distribution. Access
to Franchisee's headend and equipment will be limited to Franchisee's personnel.
Such personnel shall supervise any activity with regard to this section.
B. University Cooperation. The Franchisee shall use its best efforts to
accommodate the telecommunications needs of the University, its staff, and students.
In the event the University proposes a joint venture or other proposal for services, the
Company shall review the proposal and respond within ninety (90) days of receipt.
Page 15 of 46
XIII. SUBSCRIBER INFORMATION AND POLICY.
A. Subscriber Information. At the time an installation or service agreement is
to be signed or at the time Franchisee solicits residents, Franchisee shall furnish to each
subscriber a simple, but thorough written explanation of all services offered; the fees,
charges, terms and conditions of such services; information regarding billing and service
calls; complaints; information regarding the availability of parental control devices; and a
complete statement of the subscriber's right to privacy in conformance with 47 U.S.
Section 631, as it may be amended. Thereafter, Franchisee shall provide subscribers with
privacy information and other information, as required by FCC regulations, as amended.
Such subscriber information shall be filed with the City concurrent with distribution to
subscribers.
B. Business Offices and Personnel. Franchisee shall establish and maintain
a business office within the City which shall, at a minimum, be open to receive
payments and subscriber equipment for the hours specified in the Appendix L, attached
hereto and incorporated by reference. Franchisee shall also provide personnel, telephone
service, including a locally listed telephone number, and other equipment, as needed
within the area, to ensure timely, efficient and effective service to consumers and for the
purpose of receiving inquiries, requests and complaints concerning all aspects of the
construction, installation, operation, and maintenance of the system and for the payment
of subscribers' service charges.
C. Subscriber Complaints. Pursuant to the Ordinance, Franchisee shall
promptly respond to and resolve all subscriber complaints. However, nothing herein shall
require Franchisee to maintain or repair any equipment not provided by it.
D. Major Outages. Franchisee shall maintain records of all major outages
defined as a discontinuation of cable service from one or more fiber nodes in the City of
Iowa City. Such records shall indicate the estimated number of subscribers affected, the
date and time of first notification or of Franchisee knowledge of the outage, the date and
time service was restored, the cause of the outage and a description of the corrective
action taken. Such records shall be available to the City during normal business hours
upon reasonable prior notice and retained in Franchisee's files for not less than five (5)
years. Upon written request of the City, a statistical summary of such records shall be
prepared by Franchisee and submitted to the City annually.
E. Customer Handbook. Franchisee shall provide written customer policies
or a handbook to all new subscribers and, thereafter, upon request. Franchisee's written
customer policies or handbook shall, at a minimum, comply with all notice requirements
in the Ordinance and those promulgated by the FCC. If Franchisee's operating rules are
changed subscribers shall be notified in a timely manner. Rate and consumer complaint
information will be distributed annually to subscribers. Franchisee shall file a consumer
handbook with the City annually.
Page 16 of 46
F. FCC Standards. Franchisee shall meet the FCC's Standards for Customer
Service. If Franchisee does not meet the busy standards in two (2) consecutive quarters
the Franchisee shall add a minimum of one telephone line or make other changes in order
to satisfy the telephone busy standards. Franchisee shall provide to the City annual
management data, including data from any service centers used by the Franchisee related
to compliance with the FCC's Standards for Customer Service. At such time as
Franchisee does not meet the FCC and/or the Ordinance requirements for repair for one
quarter, Franchisee shall take corrective action to ensure that such standards are met
during the next quarter. At such time as the FCC no longer promulgates Consumer
Service Standards the FCC standards in effect on the effective date of this Franchise will
be in force.
G. Downgrades. Subscribers shall have the right to have cable service
downgraded in accordance with FCC rules. No charge shall be made for disconnection of
basic service. The billing for such service will be effective immediately and such
disconnection or downgrade shall be made as soon as practicable. A refund of unused
service charges shall be paid to the customer within forty-five (45) days from the date of
termination of service.
H. Outages. For service interruptions of over four (4) hours and up to
fourteen (14) days, the Grantee shall provide, at the subscriber's verbal or written request,
a credit ot7 one-thirtieth (1/30) of one month's fees for affected services for each 24-hour
period service is interrupted for four (4) or more hours. For service interruptions of over
fourteen (14) days, the Grantee shall provide, at the subscriber's verbal or written request
for a rebate, a credit of one month's fees for affected services. This provision shall not
apply if the service interruption is the result of a cable system upgrade or rebuild. The
Franchisee shall provide written notice to subscribers' quarterly of the availability of
credits for outages.
I. Subscriber Contracts. All contracts between Franchisee and their
subscribers shall be in compliance with the Ordinance and this Franchise. Franchisee
shall file a copy of the Franchisee's subscriber contract with the City annually.
J. Negative Option Billing. Franchisee shall comply with Federal law
regarding negative option billing.
K. Payment Stations. Throughout the term of the Franchise, Franchisee shall
maintain, at a minimum, three payment sites in addition to the Franchisee's office. Such
payment stations shall be open during normal business hours and be dispersed throughout
the City. Franchisee shall continue to provide subscribers with the options to pay by
telephone and through automatic withdrawal.
L. TDD. Within 180 days of the effective date of this Franchise,
Franchisee shall install a TDD machine or utilize a recognized third party agent such
as Access Iowa to receive consumer messages from the hearing impaired.
Page 17 of 46
M. Repair Calls. Franchisee shall offer subscribers repair service
appointments in two-hour windows. The Franchisee shall telephone the subscriber
prior to arriving for a repair call. Franchisee will conduct repair calls as specified in
Appendix L.
N. Installation. Subscriber service shall be installed within seven days of a
request during normal operating conditions.
O. Administrative Fee and Disconnects. Administrative fees are charged
on any accounts which have not been paid prior to the next billing cycle.
Disconnection of accounts due to non-payment occurs no sooner than after 45 days of
due date.
P. Subscriber Bill. Company shall include its name, address, and
telephone number on the subscriber bill and the portion of the bill retained by the
subscriber. Company shall have the City's address and telephone number included on
the subscriber's bills. At such time as the Company's billing system allows it, the
Company shall increase the size of the City related information on the bills. Company
shall, at least once annually, in the fall, provide a billing statement that informs
subscribers of the availability of the Company's snowbird policy for residents that
winter in another area.
XIV. NON-DISCRIMINATION.
Franchisee agrees that it shall not discriminate in providing service to the
public nor against any employee or applicant for employment because of race, color,
creed, religion, sex, disability, gender identity, national origin, gender identity, age,
sexual orientation, or marital status. In the employment of persons, Franchisee shall
fully comply with applicable local, state and federal law, and shall take affirmative
action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, disability, gender
identity, national origin, age, sexual orientation, or marital status.
XV. RATES.
The City shall have the ability to regulate rates in accordance with Federal
law.
XVI. FRANCHISE RENEWAL.
Subject to Section 626 of the Cable Television Consumer Protection and
Competition Act of 1992, as amended, this Franchise may be renewed by the City in
accordance with the Ordinance.
Page 18 of 46
XVII. POLICE POWERS.
In accepting this Franchise, Franchisee acknowledges that its rights hereunder are
subject to the police powers of the City to adopt and enforce general Ordinances
necessary to the safety and welfare of the public and it agrees to comply with all
applicable general laws and Ordinances enacted by the City pursuant to such power.
XVIII. FRANCHISE FEE AND PERFORMANCE BOND.
A. Franchise Payments. Franchisee shall pay to the City a Franchise fee of
five (5%) percent of gross annual revenues or the maximum amount permitted by law,
whichever is higher, during the period of its operation under the Franchise, pursuant to
the provisions of the Ordinance. Any increase in the franchise fee shall be implemented
as soon as practicable, but no longer than forty-five (45) days.
B. Bonds. Franchisee shall furnish a construction bond to City as specified in
the Ordinance during the construction of the rebuild. Franchisee shall furnish a Letter of
Credit of $75,000 which shall be replenished within ten (10) days of use by the City as
specified in the Ordinance to a total amount of $500,000. Franchisee shall provide such
Letter of Credit to the City within sixty (60) days of the effective date of this Franchise.
The Letter of Credit should be maintained during the life of the Franchise, to guarantee
the faithful performance of all its obligations under this Franchise and the Ordinance.
XIX. REGULATION.
A. The City shall exercise appropriate regulatory authority under the
provisions of the Ordinance and this Franchise. Regulation may be exercised through any
duly designated City office or duly established Board or Commission or other body of the
City.
B. Franchisee, by accepting the rights hereby granted, agrees that it will
perform and keep all acts and obligations imposed, represented or promised by the
provisions of this Franchise, the Ordinance, and the renewal proposal.
C. The Franchisee agrees to indemnify the City and to hold the City harmless
from all claims against it by third parties arising out of its compliance with Section V to
the extent that such claims are not barred by Section 635A of the Cable Television
Consumer Protection and Competition Act of 1992 (Limitation of Franchise Authority
Liability), or by any other provision of law.
D. In addition to the above, Franchisee agrees to defend, indemnify, save and hold
harmless City and other entities operating access channels in Iowa City, their officers,
boards and employees from and against any liability for damages, including attorney fees
and for any liability or claims resulting f~om any allegation that a public, educational or
government access channel in Iowa City on the Franchisee's cable system has infringed
upon the copyright or performance rights held by any person for music performed that is
Page 19 of 46
part of any locally originated programming cablecast over public educational or
government access channels required as part of this Franchise.
XX. REMEDIES.
A. Schedule of Liquidated Damages. Because Franchisee's failure to comply
with certain material provisions of this Agreement and the Ordinance will result in injury
to the City or to subscribers, and because it will be difficult to estimate the extent of such
injury, the City and Franchisee hereby agree that the liquidated damages and penalties
stated in the Ordinance represent both parties' best estimate of the damages resulting from
the specified injury.
B. Violations. For the violation of any of the following, the City shall notify
Franchisee in writing of the violation. The City shall provide Franchisee with a detailed
written notice of any Franchise violation upon which it proposes to take action, and there
shall be a thirty (30) day period within which Franchisee may demonstrate that a
violation does ~ot exist or cure an alleged violation or, if the violation cannot be
corrected in thirty (30) days, submit a plan satisfactory to the City to correct the violation.
If an alleged violation is proven to exist, and no cure or action on a plan acceptable to the
City has been received by the City within thirty (30) days, such liquidated damages shall
be chargeable to the Letter of Credit as set forth in the Ordinance if not tendered by
Franchisee within thirty (30) days. Franchisee may petition the City Council for relief
with just cause. The imposition of liquidated damages shall not preclude the City from
exercising the other enforcement provisions of the Ordinance, including revocation, or
other statutory or judicially imposed penalties. Liquidated damages may be imposed as
follows:
(1) For failure to complete construction or extend service in accordance with
Franchise: $250/day for each day the violation continues;
(2) For failure to comply with requirements for public, educational and
government access: $150/day for each day the violation continues;
(3) For failure to submit reports, maintain records, provide documents or
information: $150/day for each day the violation continues; and
(4) For violation of customer service standards required by this Franchise, the
Ordinance, or by FCC regulation: $150/day per standard violated.
(5) For violation of the books and financial records provisions of this
Franchise and the Ordinance: up to $150/day for each day the violation
continues.
(6) For violation of other material provisions of this Franchise or the
Ordinance: up to $150/day for each day the violation continues.
Page 20 of 46
XXI. COOPERATION.
The parties recognize that it is within their mutual best interests for the cable
television system to be operated as efficiently as possible in accordance with the
requirements set forth in this Agreement. To achieve this, parties agree to cooperate
with each other in accordance with the terms and provisions of this Franchise. Should
either party believe that the other is not acting timely or reasonably within the
confines of applicable regulations and procedures in responding to a request for
action, that party shall notify the person or agents specified herein. The person or
agent thus notified will use its best effort to facilitate the particular action requested.
XXII. WAIVER.
The failure of the City at any time to require performance by Franchisee of any
provision hereof shall in no way affect the right of the City hereafter to enforce the
same.
Nor shall the waiver by the City of any breach of any provision hereof be
taken to be a waiver of any succeeding breach of such provision, or as a waiver of the
provision itself.
XXIILCUMULATIVE PROVISION.
The rights and remedies reserved to the City by this Franchise are cumulative
and shall be in addition to and not in derogation of any other rights or remedies which
the City may have with respect to the subject matter of this Franchise, and a waiver
thereof at any time shall have no effect on the enforcement of such rights or remedies
at a future time.
XXIV. NO LIABILITY.
Nothing herein shall be deemed to create civil liability by one party for the
action, omissions or negligence of the other party, or of a party's agents, employees,
officers or assigns. Each party shall be solely liable for claims against it by third
parties, whether arising under the Cable Television Consumer Protection and
Competition Act of 1992 or under any other provision of law.
Page 21 of 46
IN WI.T,~SS WHEREOF, the parties have caused this Agreement to be
executed on ~o~o. I , 2005.
CITY OF IOWA CITY, IOWA
A municipal corporation
ATTEST: ~
MCC Iowa LLC
Bruce Gluckman
YP of Legal & Regulatory Affairs
City Attorney's Offic~
Page 22 of 46
Appendices
A. General System Design Specifications
B. Drop technical parameters
C. Delivery system equipment list
D. Test equipment available to Iowa City within 24 hours
E. Preventative maintenance program
F. Franchisee's construction manual
G. Cutover process
H. Programming categories
I. Free Drop Locations
J. Access Channel Placement
K Access publicity
L. Business and Repair Hours
Page 23 of 46
APPENDIX A
General System Specifications (750 Mhz)
Distribution - End of Line (~ Ch. 77) NCTA Standard methods:
Carrier/Noise 46
2nd order beats 51
Triple order beats 51
Cross modulation 51
Tap outputs 54 MHz 9Db minimum
Tap outputs 750 MHz 14Db minimum
Fiber Link (output as node):
Carrier/Noise 49
2nd order beats 63
3rd order beats 63
Cross modulation 63
Page 24 of 46
APPENDIX B
Drop Technical Parameters
Coaxial cable shall meet the requirements o£ SCTE IPS-SP-001 or ANSI/SCTE 15 2001
as specified to a bandwidth of 1000 MHz
Page 25 of 46
APPENDIX C
Delivery System Equipment
Scientific Atlanta High Gain Model Gainmaker System Amps
Scientific Atlanta Line extender Model Gainmaker
Regal 1000 MHz line passives
Times Fiber 625 T10 series feeder cable
Times Fiber 875 T10 series trunk cable
Page 26 of 46
APPENDIX D
Test Equipment
1. Hewlett Packard Model # 8591C Spectrum Analyzer
2. Signal Analysis Meter - Wavetek MS 1400
A. Signal levels
B. C/N ratios
C. Hum in %
3. Wavetek Model 3 ST Bench Sweep
4. Wavetek Model SDA 5000 Field Sweep Meter
5. Comsonics Leakage Detector Model Sniffer Sleuth
6. Comsonics Leakage Detector Sniffer II & III's
7. FIS Optical Power Meter Model # OV-PM
8. Tekronix Model TV220 TDR Cable Tester
9. Tekronix Model TFS3031 Optical TDR
Page 27 of 46
APPENDIX E
Preventative Maintenance Procedures
The Iowa City system is driven off for signal leakage each quarter. Leaks are logged and
repaired by the service technicians. All leakage logs are kept on file in the Iowa City
office.
Page 28 of 46
APPENDIX F
Mediacom Upgrade/Splicing Procedures
(based on original document from Corporate dated 4/16/98)
1. Splicing specifications are provided by Mediacom, but due to resplice conditions, many locations
become a custom build. For example - field decisions regarding the use of extension connectors (3-
inch or 6-inch) to maintain proper spacing from the pole and to provide a uniform and straight entry
into the equipment on the input and output sides. Most locations will require the input loop to be
straightened and reformed (with Jackson/Lemco mechanical benders only - no boards, forms or hand-
formed loops) with the proper spacing (see attached drawings).
2. All strand-mounted equipment, including amplifiers, directional couplers, splitters and power inserters
will have input and output loops. Ifa power inserter falls at a location with a piece of feeder
equipment, the feeder equipment (tap, directional coupler or line extender) should be on brackets with
the power inserter mounted above it on the strand, just offsetting the bracket. Don't force the input
loop! Taps are the only devices that do not require an input loop, EXCEPT at terminating taps. The
loops at a terminating pole may be deleted in certain situations where the pole is accessible ONLY by
climbing.
3. Grounding and bonding:
a) All active components require either a bond or their own ground rod and
vertical groundwire at the pole or pcdoct:! prior to and after the active.
b) AIl junction poles can be "share bonded" with the power or telephone vertical, but a split-bolt
connector must be connected below the CATV strand.
c) If local utilities allow, strand may be bonded to power or telephone. If no telephone or power
vertical exists, install a full vertical and ground rod.
d) For underground plant - no new grounds are required, and any existing grounds should be
reconnected securely.
4. All rusted lashing wire clamps and straps are to be replaced. Tree guard shall be installed beneath the
suspension clamp on all trunk or multiple cables.
5. On dual cable, two straps are placed in the bottom of each loop. Loops without two straps are to be
brought up to Mediacom specifications where contractor work is being performed. Skip (no cut) poles
do not have to be reworked, with the exception of straps, spacers, and lashing wire clamps.
6. Straight splices require an input loop, as well as the standard output loop.
7. Do not place taps on preformed strand splices, deadends, or other obstructions.
8. Self-support cable shall be treated with the same specifications as any other cables. Split the cable
from the messenger with great care so as not to damage the jacket. Use straps and spacers (55 inches
out from the suspension clamp), and Jackson/Lemco mechanical benders must be used to form the
loops. Forming boards are not allowed.
9. Where possible, taps are to be placed 18 inches from the suspension clamp. When necessary, one may
use a measurement of NO LESS THAN 12 INCHES to save a straight splice or extension connector.
10. When the combined length of multiple pieces of equipment would put the furthest connector beyond 4
feet from the suspension clamp, the equipment may be "split" into two separate pieces - which may
then be spliced on each side of the pole. All other applicable specifications shall be adhered to,
including length of doglegs, loops, etc.
Page 29 of 46
11. Long, straight doglegs into equipment shall be the standard. There must be a minimum of 6 inches of
straight cable into any connector. There must be a minimum of 4 inches of straight cable into any strap
and spacer.
12. Any active house drops must have new "Snap-N-Seal" F connectors installed, with proper tools used
for preparation and installation. When moving span clamps, install them no closer than 18 inches from
the pole.
13. Mediacom mandated working hours are to be coordinated with Project Managers. Although local
requirements may vary, the following is recommended:
Trunk:
Off- 12 midnight
On - 6AM Answering service is to be notified before and after (by person
coordinating nighttime splicing)
Feeder:
Off- 6AM
On - 3:30 PM Areas to be affected by work must be logged on street sheets
the previous day, and faxed to the Regional dispatch center
No active system work is to be performed on weekends or holidays unless specified
in advance by Mediacom personnel.
14~ Signal levels of amplifiers, and end-of~line levels are to be noted on amplifier log sheets, and the control maps, during upgrade.
Balancing is to be performed using channels 4, 58 or 70 (or applicable pilot channels) and two additional channels to be
designated. Log sheets will be collected daily.
15. Street sheets showing daily work locations are required to be turned in to the project supervisor, before
8:30AM each day.
16. Wall maps are to be marked up daily for Mediacom, with all end-of-line levels posted, noting any
added equipment or other design changes.
17. Contractors for Mediacom are required to provide magnetic identification signs for all trucks. Contract
personnel will carry photo ID cards identifying them as contractors for Mediacom.
18. Proper splicing techniques are to be used at all times:
a) Coring tools are required that leave a smooth edge on the coax sheath
(Cablematic or Lemco tools)
b) Center conductor cleaner tools must not damage copper cladding. The Plexiglas Y-lg0 tool works
well. No metal blades are allowed. Center conductors must be cut to length in accordance with
the connector manufacturer's specifications. EXPECT MEDIACOM TO REGULARLY
INSPECT SPLICING.
19. Bishop #10 3-3/4" x 10' Electro-Seal tape will be applied to all housing to housing connectors. Do not
apply Bishop tape to 90°, 180°, or other connectors. The tape may be cut in half for easier application
in small spaces, but in any case should be stretched tight as it is wrapped.
20. In underground areas, all equipment will be securely mounted to the pedestal or closure with the
proper mounting bracket. Taps may be mounted directly to the pedestal, ifa proper mounting point
exists. No equipment is to be left floating, or mounted to ground rods.
21. Pedestals will be replaced only if they are the incorrect size, or damaged. Dull paint is not a reason to
replace an otherwise functional metal pedestal.
22. Safety
Page 30 of 46
a) Hard hats are to be worn whenever doing any aerial work.
b) Cones are to be set out at rear and front of truck.
c) Men Working signs shall be used when mandated.
d) Flares shall be used when conditions warrant.
e) Ladders must not be left unattended.
f) Debris including staples, loose wire, pieces of shielding or center conductors, connectors, etc.,
must not be left unattended at the job site.
General information
l. When applicable, use top feeder ports on amplifiers.
2. All splicing should conform to Mediacom's specifications regarding proper spacings, and uniform and
straight entry. If done properly, no individual's splicing can be singled out from the rest (see attached
drawings).
3. All equipment provided by Mediacom should be handled properly without abuse - including keeping it
dry, secure, etc. Organized trucks do help.
FIBER OPTIC CABLE SPECIFICATIONS AND NOTES
1. Underground fiber:
Depth will vary from region to region - a 36 inch to 42 inch depth will be considered a minimum.
One underground warning tape will be placed 12 inches above the cable. If all-dielectric fiber
cable is used, an additional tape with an integral metallic locating conductor will be placed directly
on top of the cable.
Use Budco Brady stakes for above grade warning markers. DO NOT place stakes directly above
the fiber path, or within the trench/plow path.
NOTES:
· Conduit being used for fiber will be of nothing less than a schedule 40.
· Long distance fiber locators may be required due to long runs.
2. Aerial fiber:
The "bag loop" in the fiber at the pole, on the attached drawings, is exaggerated for clarity, and
should not be built as drawn. The loop at the pole should be a shallow, smooth curve that
maintains a slight separation between the fiber sheath and the suspension clamp.
Use Vikimatic (TVC) fiber optic warning tag - yellow or orange with black letters, to be attached
to bottom of loop at pole, with tie wraps.
Fiber lashing wire clamps will be placed on the pole side of the existing lashing wire clamps.
Above existing coaxial cable loops, fiber will be attached using stainless steel cable straps.
All fiber will be installed, no partial fiber reels will be brought back to the warehouse.
All fiber lashbacks will be installed 10 feet from the pole. Fiber loops will be teardrop-shaped,
hanging vertically, with manufacturer's bending radius specifications observed.
Snowshoes WILL NOT be used as a bending form - and are not to be used AT ALL.
Node service cables should be lashed or strapped out along the strand - not coiled.
3. Fiber backlashes:
Regional preferences or local codes may apply. All storage fiber is to be lashed to the strand (see
attached drawings).
MULTIPLE DWELLING UNITS (MDUs)
I. The upgrade process will generally provide a minimum +20dBmV input signal to an active or a
lockbox serving a MDU complex. This may be reflected on the design maps as individual tap ports for
12 units and under, or a terminated feeder leg with signal level shown. Adjustments to the design may
be necessary to properly provide signal for each building in a complex.
Page 31 of 46
2. Any lockbox work, splitter updating, indoor amplification, or rewiring is the responsibility of the local
technical operations personnel.
3. Construction personnel and a representative from the local technical staff should meet well in advance
of the upgrade start date, to review the work necessary and coordinate efforts.
4. All lockboxes should be grounded with #6 copper at the input. Local codes regarding grounding and
bonding should be followed.
5. Interior distribution amplifiers should be avoided, if at all possible. Outdoor line extenders, powered
from the outside plant, are preferred.
This page is blank...
Page 32 of 46
dOklS~LlCqOkl ~PP. CIPICAqONI~
CONS~LZ::I'IOIq .~PP..CIPICA'IIONS
CONSI'P. LICTIOkl SPUClI~lCATlOk5 *** ~'~
CONSTRL~TIOIxl 5PUCIPICATIONIS
APPENDIX G
Cut over process
The upgrade/rebuild will involve installing and activating fiber optic cable while the coaxial
cable is still activated and in operation. There will be a series of fiber nodes designed for the
upgrade/rebuild. As each fiber node is completed, it will be activated. The activation of one
node will not interfere or interrupt the completion of a separate node. In the event the company
is confronted with the loss of signal from more that one street at a time, the Company will make
every possible effort to complete the work during minimal viewing, such as 12:00 a.m. or 6:00
a.m. or at the time recommended by the City.
APPENDIX H
Programming Categories for System-Wide Programming
Science Fiction Programming
Religious Programming
Cartoon Programming
Federal Government News Programming
Educational Programming
Pay Per Channel and Pay Per Program Programming
International Programming
Women's Programming
Do-it yourself and Self Improvement Programming
Children's Programming
News Programming
History Programming
Comedy Programming
Music Programming
Sports Programming
Arts Programming
Black Entertainment Programming
Hispanic Programming
APPENDIX I
Free Drops
Iowa City School Sites
All schools and administration buildings
Other Schools
Regina Elementary
Regina High School
Willowwind School
Kirkwood Community College
Public Buildings
City Hall
Senior Center
Recreation Center
Libraries
Fire stations
Broadway St. Neighborhood Center
Pheasant Ridge Neighborhood Center
PATV office
City Cable Office
Other Sites
Future neighborhood centers
Future access organization(s) sites
Future City government administration buildings
Appendix J
Access Channel Positions
PATV Channel 18
Government Channel Channel 4
University of Iowa Channel 17
InfoVision Channel Channel 5
Library Channel 10
KTS Channel 11
Iowa City Schools Channel 21
APPENDIX K
Publicity
1. The Company agrees to insert into subscriber handbooks, information about local access
channels. The cost of printing, etc. of this information shall be the sole responsibility of
the access programming provider (government, education, public). The Company
reserves the right to approve content.
2. The Company agrees to allow billing messages or bill stuffers to be included in the
subscribers' bills at the rate of one per year subject to approval of content by the
Company, availability and adequate advance notice. The cost of printing and insertion
shall be the responsibility of the access programming providers (government, education,
and public).
APPENDIX L
Business and Repair Hours
Business Hours: 8 AM - 6 PM Monday-Friday
9 AM- 5 PM Saturday
Service Hours: 8 AM- 5 PM Monday-Saturday
On call- 24 hours per day, seven days a week
THE 2005 FRANCHISE AGREEMENT BEJ2~VEEN
OF IOWA CITY AND MCC IO~LC (MEDIACOM)
Page I of 47
TABLE OF
III. RIGHT OF IT 0 ISSUE FPJ~NCHISE ....................... ~ .......... 2
IV. TERM .......................... 2/
V. FRANCHISE NONEX~ i. ..~/-----2
VI. DEFINITIONS / ....... 2
VII. SERVICE AREA ......... Z ................................ 2
VIII. SYSTEM AND
CAPACITY ............................................................. 3
IX. CONSTRUCTION ...................................................... 7
X. SYSTEM SERVICES ........................ 7
XI. ACCESS CHANNELS, EQUIPMENT, !IES, AND
SERVICES... 8
XII. INTERCONNECTION ............................ 11
XIII. SUBSCRIBER INFORM_ATI( AND POLICY, 12
XIV. NON-DISCRIMINATION ....... 14
XV. PJtTES ............... ii!"
XVI. FRANCHISE ...................
XVII. POLICE POWERS ..................................
XVIII. FPJtNCHISE A_ND PERFORMANCE BOND .............. 14
XIX. REGULATION~ ................ 15
\
XX. REMEDIES... 15
XXI. ?ION ..................................................................................... 16
Page 2 of 47
XXII. WAIVER .............................................................................................. 16
XXIII. CUMULATIVE
PROVISION ........................................................................................ ~..17
XXIV. NO
LIABILITY ......................................................................... ~ ................ 17
/
A. General ystem Design Specifications'"
B Drop ical parameters
/
C Delivery equipment list /
D Test e~ .t available to Iowa ~ity within 24 hours
E Preventative progra~f/
F Franchisee's lstruction manua~
/
G Cutover process ·
H Programminq cate¢
I Free drop
J Access channel
K Access publicity
L Business and repair
Page 3 of 47
BROADBAND TELl MMUNICATIONS FRANCHCE AGREEMENT
/
I. NONEXCLUSIVE /
A. This section thirteen-year Franchise to operate a
cable television system to LLC (hereir referred to as Franchisee). The
Franchise granted shall, as set below, subject to the provisions of the
Broadband this Franchise Agreement.
B. Subject to Section 626 ol Cable Television Consumer Protection
and Competition Act of 1992 and the Act of 1996, the City
Council reserves the right to refuse to a Franchise holder if such refusal is
subsequently deemed to be in the public
C. If the terms and con~ in this Franchise conflict or
modify the Ordinance, the [ ' ' apply.
II. GRANTED TO LLC
A. Purpose. Th~ of this section is to yard a Franchise, for a cable
television system to MCC Iow Franchisee will provide top quality
cable service.
B. Enactment. is hereby granted a Franchise to
operate a cable television within the City in accordance qth the Ordinance of
this title, which standards, regulations and [ )r the granting of a
cable television this Franchise and the rules and adopted by the
Iowa City Commission, all Ordinances City and all
applicable rules and of the Federal Communications and the
State.
C. E Date. This Franchise shall not become finally :ctive until
the Franchise~ an acceptance in writing with the City of Iowa ;ity. The
Franchisee have up to sixty (60) days from the date the franchise is by
Page 4 of 47
the Mayor to provide such written acceptance. Immediately upon the taking effect of
this Franchise Agreement, the prior franchise granted to MCC Iowa LLC shall be
supgrseded and of no further force and effect; provided, however vested rights
to billings and the City's rights to accrued franchise fees shall be affected
Use of Public Ways. For the purpose of operating a cable
television the City, Franchisee may erect, in, over, upon, across, and
along the all¢ys, and ways within the City such cables, fiber optics,
conductors, conduits, vaults, manholes, appliances, pedestals,
attachments, and property and equipment as are neces and to the
operation of the system in the City and in this Franchise
and the Ordinance.
IlL RIGHT OF ISSUE FRANCHISE.
Franchisee acknowledges and legal City to issue this Franchise.
IV. TERM.
The term of the Franchise a period of thirteen (13) years from the
effective date, unless sooner termina in the Ordinance, at which time it
shall expire and be of no further force and
V. FRANCHISE
Consistent with the of this Franchise shall not be
construed as any limitation upon right of ',ity to grant to other persons rights,
privileges, or authorities similar rights, and authorities herein set forth,
in the same or other streets, or other or public places. The City
specifically reserves the right at any time g the term of this Franchise or
renewal thereof, if any, Franchises for system as
it deems appropriate. In the the Franchising enters into a franchise with
any other person or entity than the Franchisee to into the City's streets and
public ways for the purpc of constructing or operating ;ystem to any
part of the service are material provisions thereof shall be easonably comparable to
those contained into account the size and of the franchised area,
including but not to, franchise fee, external costs, acce~ fees, if
applicable,
design, term, uirements and system capacity requirements~X
VI. DEFINIq
All set forth in the Ordinance pertain to this Franchis'~ and shall be
relevant to ~oses and meaning of this Franchise. ~
vii. SE AREA.
Page 5 of 47
A. Service to all Residents. Franchisee shall offer cable television
residences service to all areas of the City which are in the corporate limits of the City
of Iowa, City and that meet the density requirements under paragraph B of this
section, ~q the effective date of this Franchise. The Showers Additio/vf and/or Camp
Cardinal Rh~d shall be served within six (6) months of when the ~/ity extends City
services ~nd'l~quests services to the Showers Addition and/or Cg~np Cardinal Road
respectively.
n w B NewXC, esidential Construction Franchisee shag extend service to all
e residences in ~unwired developments within six n~nths of a request of a
subscriber in an ar~,a be served by underground con?fruction and within three
months of a request of ~bscriber for areas to be served/aerially, whenever density
of at least twenty (20) ential dwelling units per plant mile; as measured
from the existing facilities Franchisee's cable in the franchise area. For
purposes of this section, per cable mile sh be computed by dividing the
number of residential dwelling in the area length, in miles or fractions
thereof, of the total length or undergro~ cable necessary to make service
available to the residential dwi ~g units such area in accordance with
Franchisee's system design paramete: length shall be measured from the
nearest point on the then existing total cable length shall exclude the
drop cable necessary to serve individual ~ ;criber premises.
C. Contribution-in-aid. If does not meet the required number of
residential dwelling units [ shall bear its pro-rata share of the
current construction costs based up( actu number of residential dwelling units
per mile. For example, if there are elling units in a residentially zoned
area, the Franchisee's share wm be 5/20ths /4 of the construction cost. The
remaining construction costs be borne on pro-rata basis by each cable
television subscriber. After cc ~letion of the should additional subscribers
request and receive cable tel~ service, the shares shall be recalculated.
Any new subscriber shall ~__~ the new pro-rata and all prior contributing
subscribers shall receive a-~ropriate refunds. In any '~t t ~e end of two (2) years
from the completion of r/6sidential construction in the ~a~the subscribers shall no
longer be eligible for r/6funds, and any amounts paid in coh,struction costs will be
credited to the plant a~ount of Franchisee. ~
/
D. Servi/efe Area. The service area of Franchisee shall be'~he entire corporate
boundaries of the/City of Iowa City and include any areas annexed~to the City in the
future. / ~
E. //..Commerci~}l_..Service. Franchisee shall, upon request, \ ke service
available to/all commercial/industrial establishments served aerially whiz are located
within 12~ feet of the system at Franchisee's standard installation rate lense. For
commerci~tl/industrial establishments served underground or for aerial extensi, s beyond
125 feet, Franchisee shall, upon request, make service available on the basis capital
Page 6 of 47
contribution in aid of construction, including cost of material, labor, and easements. For
the purpose of determining the amount of capital contribution in aid of construction to be
borne by the Franchisee and the commercial/industrial establishments in the area in
which se~ice may be expanded, the Franchisee will contribute a~ amount equal to the
const~ ~cti6~ and other costs per mile, multiplied by a fraction ,~hose numerator equals
the actual number of commercial/industrial establishments per 1,320 cable-bearing strand
feet of its trk,nks or distribution cable, and whose denominator equals eight (8)
commercial/ind,~kt~ .al establishments. Commercial/industrial?stablishments who request
service hereunderh ill bear the remainder of the construction/and other costs on a pro-rata
basis. The Franchi~ m~ay require that the payment of th~'capital contribution in aid of
~Satnr~fion be y such potential commercial/in~strial establishments be paid in
F. House Franchisee shall, up¢ the request of the City, move and
replace its facilities to acc~ house move~/conducted on behalf of the City, at a
time and materials cost to the. y. Wherever fe.afble, the City shall use its best efforts to
ensure that house moves or sim,~lar path.
VIII. SYSTEM AND /
A. System. The parties and agree that Franchisee shall construct
a cable system which delivers cable signals processed at 750 MHz utilizing a
fiber to the node design or better, will be designed so that there are no
more than five (5) amplifiers in optic receiver nodes located throughout
the plant will divide the distribution to an average of 500 homes per
fiber node or less. Further, Franchisee MHz upstream fi.om each fiber
node. The system shall be and in accordance with the design
specifications in Appendix A, hereto incorporated by reference. The
system shall be operated in with standards which meet or
exceed FCC regulations. ,~
B. Constructi~ If the FranchiseeX~grades or rebuilds its system,
the Franchisee shall notify City of the extent and d~ration of construction. Two
months prior to the initiatk of construction of any.syste~-wide upgrade or rebuild,
Franchisee shall provide/~ neighborhood construction schedule which details the
timeframe for constructiofilfin each neighborhood and area of theXl~ity.
C. Construftion Oversight. After any upgrade or rebuild, Franchisee will
inspect 100% of all f~er,an., d coaxial cable to insure that it meets theXs, pecifications of the
Ordinance and this. ~ran, ch!,se and Franchisee will inspect and audit 35~ of the subscriber
drops. The Franc,h~ee sha!l designate an employee to act as a company ~xepresentative by
respondi.ng to pu~.lic service complaints on a daily basis during any upgrade or rebuild
and provide the)~ity with the person's name and telephone number. ~
/
Page 7 of 47
D. Compliance with Applicable Law. In constructing, operating and
maintaining the system, Franchisee shall at all times comply with the Ordinance and all
applicable laws and regulations.
~'i Drops. All drops not meeting the standards of theJNational Electric Safety
Code )~ technical parameters in Appendix B, attached hereto and incorporated by
reference ill be replaced when found to be substandard. Th~ system shall be designed
to allow e X~scriber drop to provide service to four (4)te/~vision outlets.
X
/
F. Eq- ~ 4~ ~nt Quality. Equipment used for thp/ distribution system, headend
and recepl facil ithshall be of good and durable qua~i'ty and be serviced and repaired
on a regular basis an, at all times be of equal or/15etter quality than the equipment
listed in Appendix C, hereto and incorporated/by reference.
G. Services, Facilities./p to one year after new cable
services, equipment, and/or are offered b/~ Mediacom Communications
Corporation or its subsidiaries City of An~fes, Iowa; municipalities served by the
same headend as Iowa City; the headend in Mason City; or
municipalities served by the excluding experimental and
demonstration projects, Franchi new services, equipment and/or facilities
available to all subscribers requesting evel of service. Such new services,
equipment and/or facilities shall comply the then national standards for digital
technology and shall provide state-{ equal to those being introduced
during the same year in other systems ' Mediacom Communications Corporation
or its subsidiaries in: the City of Ame~ ~alities served by the same headend
as Iowa City; municipalities served in Mason City; or municipalities
served by the headend in Fairfield. , believes that any such state-of-the-
art features will not generate a rea rate ~ over the remaining term of the
Franchise Agreement; quest to relieve the Franchisee of
such requirement. The City sh~ determine, of return and rates into
consideration, whether 1 be relieved the requirement or whether
the Franchisee can reasonab ~ect a reasonable return nvestment during the
remaining term of the and should s such state-of-the-art
feature. Franchisee shallle given an opportunity to present in~e~,rmation to the City
Council prior to a decis, i/4n .being made. Notwithstanding the dUoS, no requirement to
provide telephone servjke shall be required by this Section. All pro'~ramming services
exclusively offering, j~lul, t fated programming shall provide picture a~d audio scrambling
of services not purc~,~iased~ by a specific subscriber. Franchisee shall mk~ntain its trap
system, as neede.d/for .subsc_ribers not utilizing converters. The City Co'l~ncil may, in its
discretion, exten/ffth~e tim~ ,e fo, r the Franchisee, acting in good faith, to proh(ide new
services, equip/,hent and/or facilities. The timeframe for prov!ding new'~ervices,
equipment a,n//or fa. ci!iti~s shall be extended for any period during which~xthe
Franchisee 0/~.m. on~rates tc~ the satisfaction of the City that the Franchisee ~S being
subjected tgtdelay due to circumstances reasonably beyond its control, such'\as acts of
God and lapor strikes.
Page 8 of 47
H. Upstream Capacity for City Use. Franchisee shall reserve and give the
City the option to use the up and downstream capacity on the cable system not to
exceed one-half (1/2) MHz in either direction, to allow the ~ity to collect data and
other si als from subscriber homes or City sites for non-c( governmental
and educe onal purposes only. Franchisee shall cooperat{ with the City on pilot
projects implementation, including but not li ited to City installation
and use of ipment which utilizes a larger amount ol than described
above, ifneces~ so long as the actual bandwidth by the City is the same or
less than that 'ibed above. Franchisee shall allow City to co-locate necessary
equipment on the ~le system provided said equipr does not interfere with the
system's integrity. Franchisee shall provide capacity to the City at a rate
which, at a maximum be equal to the lowes provided to any commercial
customer or subsidiary Ongoing maint~ charges will be at cost and at
the City's option, such ill be paid by the or a third party.
I. Emergency Franchisee continue to provide an all-channel,
local emergency alert system use by City if the City has filed all necessary
plans required by state and management agencies. Emergency
messages can be initiated from phone with an access code. The
emergency alert service shall be throughout the Franchise term as set forth
in FCC rules, regulations, or guidelines Franchisee shall not be held responsible
for any failure of the emergency alert to operate during any emergency.
J. Test Equipment. term of the Franchise, Franchisee shall
have accessible to Iowa City wi! a period, test equipment equal to or
better than that specified in ~endix D, hereto and incorporated by
reference.
K. Ongoing Prew Maintenance. will comply with the
preventive maintenance specified in E, attached hereto and
incorporated by reference.
L. Interferen on Channel 19. Franchisee wXt~l not use Channel 19 for
video, but for alphanu ~ : purposes, to avoid interference Rom radio/pagers. During
the term of the Frar ~k '., Franchisee will provide notice X~o consumers, on how
interference problems/~x ienced by customers on specific chah~nels can be alleviated,
through TV ads and)ill ir nessages mailed to subscribers.
M. Sat/~,lit5 Earth Station. The system configuration s~all include earth
stations which/s.ha,!l ensure the ability to receive signals frxom operational
communications' satell :es that predominately carry programming services available to
cable systems ~oughG it the life of the Franchise.
N. Standby Power. Franchisee shall provide 20,000- -- Watt stanlqby power-
generating ~acity at the headend. Franchisee shall maintain standby po'~er system
Page 9 of 47
supplies, rated for at least two and one-half (2.5) hours duration at all optical node
locations in the distribution network.
Parental Control Devices. Franchisee shall provide t~ subscribers, upon
~arental control devices that allow any channel or chann)~ls to be locked out.
Such t~,es shall block both the video and the audio portion of such channels to the
extent that I~ are unintelligible. The cost to subscribers for pa//ental control devices is
subjec to F( 1. /
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P. ce Testing. Franchisee shall per/f6rm all system tests and
maintenance as required by and in accordan~ with: the FCC; Franchise;
Ordinance; standards of good operating prgktice; and the National Cable
Television procedure guidelines. ~
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Q. Technical The cable system permitted to be
operated hereunder shall be and operated conformance with the Ordinance,
this Franchise, and FCC rules regulations. Any technical standards or guidelines
related to the cable communi~ ons system facilities shall be deemed to be
regulations under this Franchise. such time the FCC does not regulate technical
standards, Franchisee will continm the FCC standards which were in
effect on the effective date.
R. Employee Identification. shall provide a standard identification
document to all employees, including of subcontractors, who will be in
contact with the public. Such include a telephone number that can be
used to verify identification. In see shall use its best efforts to clearly
identify all field personnel, vehicles, equipment that are operating under
the authority of Franchisee.
S. Stereo. Upon >letion of the Id, the system will have the
capability and shall provide Television Committee (BTSC) stereo
signals.
IX.
A. System gn Review. The City shall have the to review the
technical design plans o system for any upgrade or rebuild that the system
design meets the of this Franchise, the Ordinance, as applicable
portions of the governing construction within public and
applicable local re Franchisee shall provide the following information:
engineering desi naps; key for design maps; system level design (e.g.,
block diagram ot teadend, satellite or off-air studies, power suppll plan for
the existing coz cable to be used in the system; and contact engineer will be
available to dis ect details. On a case by case basis, Franchisee x existing
coaxial cable ,'ts manufacturer specifications. Franchisee shall end of
the line tes ensure that the' coaxial cable plant tested performs to
Page 10 of 47
manufacturer specifications. In cases where the cable does not meet such specifications,
Franchisee shall replace the cable and shall use its best efforts to minimize disruption to
effected subscribers. The City shall protect the proprietary system design information
sub~.ittcd by Franchisee. The Franchisee shall send the d~sign information to t_h,e
loca~on specified by the City as such maps are available to t~fe Franchisee. Franchisee s
region'a{ engineer will review the design with City designate/d persons.
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[ .~ Construction Manual. Franchisee shall co/dstruct the system in accordance
with Fra ~chP. construction manual. See Appendix. ~ attached hereto and incorporated
by reference. Franchisee shall follow the permit~g process as specified by the City.
C. Construction. shall participate in and use Iowa
One Call and cable is buried at a of a minimum of twelve inches (12").
Temporary dro[ '. buried within one of installation, weather permitting.
D. Cons y. F: shall comply with FCC consumer
compatibility rules and and use its best efforts to provide subscriber
friendly technology. The er shall be offered in a format compatible with
FCC regulations.
E. Conversion. not be charged by Franchisee for conversion
from the existing system to any or rebuilt system. In the event that special
additional or customized uested by any subscriber or is required to
provide such service to any suE, may charge the subscriber for such
equipment. So that customers :e the least possible interruption of service,
Franchisee shall perform the to system as specified in Appendix G,
attached hereto and ' by reference, will notify subscribers and the
public in general of using a >n of at least two of the following: bill
stuffers; direct mail; news ~ radio CSR training; and community
bulletin board announcem Internal wirin with the Iowa City Electrical
Code.
X. SYSTEM
A. Addi Services. Franchisee shall brovide a good mix of
entertainment and/ ion programming generally avaiia~5{e to the cable television
industry, taking.i~to t the needs and interests of the populb~ion of the City of Iowa
City. At a minpfnul the system shall provide the broad categbxries of programming
specified in A~.endix H, attached hereto and incorporated by. refere/~e. Prior to selecting
all the new se~,.i,ces to be offered after any upgrade or rebuild, Franch~ee shall conduct a
statistically fa. lid consumer market survey by telephone of 200 random~ selected homes
to assess ~at new programming consumers are most interested in recei~ng, in addition
to those :cified in Appendix H. Franchisee shall use its best efforts ~ provide the
tg that had the highest degree of community interest and that wo~ld serve the
interests indicated in their own survey and in any consumer m~ket survey
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Page 11 of 47
conducted on behalf of the City. The results of the consumer market survey will be
provided to the City within thirty (30) days of completion.
B. Leased Access Channels. Franchisee shall offer leased access channels at
such terms and conditions and rates as may.be negotiated with eac~ lessee subject to the
requir men
a :s of section 612 of the Cable Act. /
Cable Drops and Monthly Service. Franchisee sh3dl provide one free cable
drop ~, basic and tier services, excluding premium ser)/ices, audio services, pay-
per-view, e c.,x locations already provided with free drops, J6catio_ns listed in Appendix
I, attached he: and incorporated by reference, and aJ/any other public buildings
designated by City. All non-premium program.mi~/g and closed-circuit training
programming transmitted to all of these locatig'ns on the cable system, free of
charge.
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D. Channels. If allowed Federal law and regulation, the
government and educati, access channels be provided with the capability to
transmit for closed-circuit The Franchisee shall provide an
appropriate device for the programming offered over
the subscriber network on the educational access channels to
all local government and receiving free drops and service. The
necessary headend equipment scrambling, and cablecasting of the
closed-circuit signals shall be the Franchisee. Franchisee shall provide
channel scrambling as requested b City and educational institutions on the
scrambled government and edm channels.
E. Closed Captioning. ~ee shall pass through all closed-circuit
signals received by the system the g impaired. Closed-caption devices will
be provided for sale and by isee.
F. Interactive Franchisee provide one free cable modem and
free cable modem/Internet ~ for all public ,ls.
XI. ACCESS CHANI EQUIPMENT, ITIES, AND SERVICES.
In order to dev, p and promote public, and government access
programming for the access channels, Franchi lereby agrees to provide
the following.
A. Acc{ Channels. Franchisee shall use its best to maintain the
'number and ch: 9osition of the access channels as shown in >endix J, attached
hereto and inc~ by reference. Franchisee shall provide >llowing number
of dedicated ac channels: three (3) channels for government two (2)
channels for e~ access; one (1) channel for public acc and one (1)
channel for Ki] Community College. Upon the City's request, lchisee shall
Page 12 of 47
activate the following additional access channels on the basic tier; one (1) channel for
community programming and/or access and one (1) channel for educational access.
Upon the request of the City, whenever any public access channels as set forth in this
sect on shows documented proof of performance that they are in use 80% of the
:dSt week for any 6 week consecutive timeframe, given at,least 8 hours per day,
7 ~Xhl~er Week cablecast schedule, with at least 80% (of t~e time the channel is
pro tm ,/~xd), unduplicated locally originated programming/, the Franchisee shall
make such, Xs~,ditional access channels) available as necessa//y for access use within 6
month_s .of reb~, ipt of request by the City. The City agree/g to share the above listed
access channel3xwith other communities served by the ~fime headend on a switched
basis. Franchisee' ~all provide automatic switching fr~;ffn a s!te selected by the City
for any switching by the City to allow City programming to be viewed within
the City while es may be viewing/ other governmental programs.
Other communities, as Coralville, served by tl~ same headend shall have remote
switching capability to low programming to viewed within their respective
municipalities while Iowa co to be viewed within the City
of Iowa City.
In the spectrum betw 250 MHz 750 MHz, and if Franchisee expands
bandwidth, the City reserves ten of] bandwidth for public, educational and
government access use up to s. Such bandwidth will be made
available within six (6) months by the City. The City shall make such
request when the governmental, ional, and/or public access entities have
demonstrated to the City that such addi capacity is needed and usage meets the
formula for bandwidth activation speci
Such additional capacity shal for the type of access specified by
the City. All active access channels be ',ed on the basic tier of service, unless
both parties mutually ag
The City may prescribe: and [ under which the cable operator
is permitted to use access capacity for the ' ' of other services if such
channel capacity is not__bei~ used for the designated; and rules and
procedures under which suc~/permitted use shall cease.
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B. Access Eq~npment, Support, and Fac The Franchisee shall
provide the City with,~, nds, in monthly payments for ipment, facilities, and
ongoing support for pu~ic, .educational, governmental access, ~d community access
programming, in an ~'n~un! equivalent to fifty-five (55) ccnt~per subscriber per
month starting on thj/effective date of this franchise extension ai~, thereafter, until
the conclusion of t~lk .fif? Ye~ar of the term. At the beginning of the~sixth year of the
term and for the ~re//n,,ainder of the franchise term, the Franchisee shall ~rovide the City
with payments, ~r the purposes listed above, in an amount equ!valerlx\ to sixty (60)
cents per subscf/l~e~r per, .mon~th. Both parties agree that all such fund~will not be
deducted from pe .franchise.fee. The City agrees that all amounts paid b3~Franchisee
pursuant to thi section may be added to the price of cable services and collected from
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Page 13 of 47
Franchisee's subscribers as "external costs" as such term is used in 47 C.F.R. on the
effective date of this Franchise. In addition, all amounts paid under this section may
be separately stated on subscriber's bills as permitted in 47 C.F.R. 76.985. Such
will be made by the Franchisee to the City on a monthly basis.
Access Services. Franchisee agrees to continue to Provide to the non-
profit Iion designated by the City and/or other entities des~nated by the City,
including City itself, to carry out the day-to-day operations ,6f public access and
community ?~[amming with annual payments based on ¢$1~9,923.44 annual
payment for heXq,alendar year 2005. Said amount shall be/increased successively
thereafter annua~lly'f~r inflation for the term of the Franchise. Both parties agree that
all said funds for acl~ess services will not be deducted ~ffom the franchise fee and
agree that only the ann ~1 flati,~n adjustments may be Fflssed through to subscribers
and may be separately st~, ~ on subscriber's bills. Thj~ is in. addition to the amount
specified in paragraph B ~ove. All inflation adjus shall be based upon the
annual change in the CPI-U J.S. Cities Average, by the U.S. Department
of Labor, using the ~f September All annual payments shall be
due January 1 st of each year.
D. Publicity. the publicity services as
specified in Appendix K, ~orated by reference.
The Franchisee shall provide c hundred (100) run of scheduled public
service announcements per month for ~y the City or access channel operators.
Production of the public service annm will be the responsibility of the City
or the access channel operators.
E. Optical Transmissio~ ~ment. Franchisee agrees to provide one
digital, optical transmission pacl The Fran, ;ee agrees to connect the optical
equipment using coaxial cable optics with Library, the Senior Center, City
Hall, and a school site (includ but not limited to : permanent access channel(s),
the library channel, the ~lic access channel, government channel, the
community and the educational :ss channel).
F. Closed Cir Operations. Franchisee shall >vide, free of charge, an
appropriate device for reception of scrambled instituti{ programming offered
over the subscriber ork to schools and government receiving free drops
and service.
The neces headend equipment for modulation. ;crambling, and
cablecasting of closed-circuit signals on the educational, and 'ernment access
channels, shall be provided. Franchisee shall provide scrambling as
requested by and educational access channel operators, shall
provide the and schools with 185 converters and scrambling es, free of
charge, one hundred twenty (120) days of the completion of the re d.
Page 14 of 47
G. Signal Quality. Franchisee shall assure that the access channel delivery
system from the City Hall and all other origination points specified herein meet the
same technical standards as the remainder of the system as set forth in Section VIII
herein. Annually, or upon request by the City, Franchisee shall test the delivery
system from the origination sites to ensure a high quality.~picture is provided to
s~bscri ers. Grantee shall use reasonable efforts to optimize t~e picture quality of the
ac~ channel delivery system. /
~ X{l~. Treatment. The Franchisee will confer with ~e City on the content and
format oXlx~ny separate line item on the monthly bill relate/ff to local programming.
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I. · Origination Sites. The Franchisee sh.all//m~intain and/or replace and
maintain thr t the franchise term, the active or.i~4nati~on lines from the locations
from which programming can be originateff on the effective date of this
Franchise to the headend.
The ~hall provide two thirds ~ of constructing origination
capability to: Dubuque Iowa streets; Clint, and Iowa streets; and an extension at
the Library. The City pay one third of s The costs shall not exceed the
following: $23,505 for sil Dubuque Street and Iowa Avenue;
$32,499 for the orig at Clinton and Iowa Avenue; and $7,200 for the
library origination site near the fountain. Franchisee
shall construct the origination the written request of the City, starting in
2006. The City shall determine th of construction of the sites and the timing
for construction. The Franchisee be required to construct more than one site
per year. The Franchisee shall construction of each origination site no later
than June 30th of the following ca :ar upon receipt of a written request from
the City. Franchisee shall desi site routing in cooperation with the
City.
In addition to the ori ' sites fin as described above, the Franchisee
agrees to construct additiom origination lines the request of the City, if the
expense of the additional is borne by the other City designated entities,
the cost for such originati lines shall not exceed Franchisee's actual cost of
construction. Any such fiber optic lines tse the most efficient routing
and shall be designed in >eration with the City.
XII.
A. Franchisee's system design allow originating
institution's si (public, educational, and governmental ~els) to be made
available in uous communities which are served by the ~ity headend. If
legal and feasible, Franchisee agrees to allow with
communities served by the Iowa City headend provided, that such
communities City, and/or a third party, supply and bear the ~t for the
interconnect o Franchisee's headend or locations on the system eas~, reach
Page 15 of 47
and/or at the least cost, related to access programming origination distribution. Access
to Franchisee's headend and equipment will be limited to Franchisee's personnel.
Such personnel shall supervise any activity with regard to this section.
B. University Cooperation. The Franchisee shall use its best efforts to
accommodate the telecommunications needs of the Uni its staff, and students.
In event the University proposes a joint venture or proposal for services, the
shall review the proposal and respond within ) days of receipt.
XIII. NFORMATION AND
A. Subscriber Information. At the installation or service agreement is
to be si at the time Franchisee solicits Franchisee shall furnish to each
subscriber a >le, but thorough written of all services offered; the fees,
charges, terms conditions of such service information regarding billing and service
calls; complaints; regarding the y of parental control devices; and a
complete statement the subscriber's ri to privacy in conformance with 47 U.S.
Section 631, as amended. Franchisee shall provide subscribers with
privacy information informati~ as required by FCC regulations, as amended.
Such subscriber shall be with the City concurrent with distribution to
subscribers.
B. Business Franchisee shall establish and maintain
a business office within the which shall, at a minimum, be open to receive
payments and subscriber the hours specified in the Appendix L, attached
hereto and incorporated by shall also provide personnel, telephone
service, including a locally Ii: number, and other equipment, as needed
within the area, to ensure effective service to consumers and for the
purpose of receiving ' requests complaints concerning all aspects of the
construction, installation,, ~eration, of the system and for the payment
of subscribers' service
C. Complaints. to the Ordinance, Franchisee shall
promptly respond subscriber However, nothing herein shall
require Franchisee ,r repair any not provided by it.
D. Outages. Franchisee shall records of all major outages
defined as :ontinuation of cable service from one fiber nodes in the City of
Iowa City. S records shall indicate the affected, the
date and of first notification or of Franchisee knowled [' the outage, the date and
time was restored, the cause of the outage and a of the corrective
action Such records shall be available to the City durin business hours
upon prior notice and retained in Franchisee's files ~orX~ot less than five (5)
years. Don written request of the City, a statistical summary of stt~h records shall be
by Franchisee and submitted to the City annually.
Page 16 of 47
E. Customer Handbook. Franchisee shall provide written customer policies
or a handbook to all new subscribers and, thereafter, upon request. Franchisee's written
customer policies or handbook shall, at a minimum, comply with all notice requirements
in the Qrdinance and those promulgated by the FCC. If Franc~isee's operating rules are
chang ~d~ubscrik ~rs shall be notified in a timely manner. Rat~ and consumer complaint
inforn tatich~ will be distributed annually to subscribers. Franchisee shall file a consumer
handb )°k v~kthe City annually' /
F:~ ,- I~,.C Standards. Franchisee shall meet the/FCC's Standards for Customer
Service. If FranchXi{ee does not meet the busy standards/in two (2) consecutive quarters
the Franchisee shallX~dd a minimum of one telephone li~fe or make other changes in order
to satisfy the teleph/5I~e busy standards. Franchiseefshall provide to the City annual
management data, inclu'd~ng data from any service c~fiters used by the Franchisee related
to compliance with the~FCC's Standards for C/~stomer Service. At such time as
Franchisee does not meet tN FCC and/or the Ord/fnance requirements for repair for one
quarter, Franchisee shall tal corrective action/fo ensure that such standards are met
during the next quarter. At time as the ~CC no longer promulgates Consumer
Service Standards the FCC in effect, the effective date of this Franchise will
be in force.
G. Downgrades. have the right to have cable service
downgraded in accordance with FCC charge shall be made for disconnection of
basic service. The billing for such will be effective immediately and such
disconnection or downgrade shall be as soon as practicable. A refund of unused
service charges shall be paid to the forty-five (45) days from the date of
termination of service.
H. Outages. For of over four (4) hours and up to
fourteen (14) days, the Grantee ~bscriber's verbal or written request,
a credit of one-thirtieth (1/30) month's fees affected services for each 24-hour
period service is interrupted fo (4) or For service interruptions of over
fourteen (14) days, the shall provide, at the sul ~iber's verbal or written request
for a rebate, a credit of fees for affected This provision shall not
apply if the service is the result of a cable upgrade or rebuild. The
Franchisee shall provide notice to subscribers' of the availability of
credits for outages.
I. Contracts. All contracts between and their
subscribers shall be compliance with the Ordinance and this Franchisee
shall file a copy of~ Franchisee's subscriber contract with the City
J. N, Option Billing. Franchisee shall comply Federal law
regarding g.
K. Stations. Throughout the term of the Franchise, see shall
maintain, at minimum, three payment sites in addition to the Franchisee's ~e. Such
Page 17 of 47
payment stations shall be open during normal business hours and be dispersed throughout
the City. shall continue to provide subscribers with the options to pay by
telephone withdrawal.
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L. Within 180 days of the effective d~te of this Franchise,
Franchisee shall ' consumer messages from the he impaired.
[ a TDD machine or utilize a recognizs/d third party agent such
as Access Iowa to aripg
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M. Repair ls. Franchisee shall offer s}ibscribers repair service
appointments in ndc ws. The Franchisee sha/tl telephone the subscriber
prior to arriving for a all. Franchisee will conduc~ repair calls as specified in
Appendix L.
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N. Installation. )er service shall be '~stalled within seven days of a
request during normal operating ../
O. Administrative Fee Administrative fees are charged
on any accounts which have not en paid 'ior to the next billing cycle.
Disconnection of accounts due to non- no sooner than after 45 days of
due date.
P. Subscriber Bill. Company 1 include its name, address, and
telephone number on the subscriber bill portion of the bill retained by the
subscriber. Company shall have the City's and telephone number included on
the subscriber's bills. At such time as the billing system allows it, the
Company shall increase the size of the on the bills. Company
shall, at least once annually, in the fall provide billing statement that informs
subscribers of the availability of the policy for residents that
winter in another area.
XIV. NON-DISCRIMINATION.
Franchisee agrees that it not ii 3roviding service to the
public nor against any employee >licant for because of race, color,
creed, religion, sex, disability, origin, gender [dentity, age, sexual
orientation, or marital status, the employment of Franchisee shall
fully comply with applicable lo¢ state and federal law, and tall take affirmative
action to ensure that applicants employed and that emplo) are treated during
employment without regard to race, color, creed, religion, sex,~disability, gender
identity, national origin, age, orientation, or marital status. ~
XV. RATES.
The City shall hav the ability to regulate rates in accordance~ith Federal
law.
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X¥I. FRANCHISE RENEWAL.
sUl5 ect to Section 626 of the Cable Television Consumer Protection and
~ct of 1992, as amended, this Franchise may he renewed by the City in
acc°rdance ~x~X ~Ordinance' /
XVII. POLICE P~ /
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In accepting Ih ise, Franchisee acknowl~/dges that its rights hereunder are
subject to the police of the City to adopt/and enforce general Ordinances
necessary to the safety of the it agrees to comPly with all
applicable general laws enacted by ~ursuant to such power.
XVIII. FRANCHISE FEE BOND.
A. Franchise Payments. pay to the City a Franchise fee of
five (5%) percent of gross annual the maximum amount permitted by law,
whichever is higher, during the period t operation under the Franchise, pursuant to
the provisions of the Ordinance. e in the franchise fee shall be implemented
as soon as practicable, but no longer than -five (45) days,
B. Bonds. Franchisee shall bond to City as specified in
the Ordinance during the construction Franchisee shall furnish a Letter of
Credit of $75,000 which shall be repl ten (10) days of use by the City as
specified in the Ordinance to a total $500 Franchisee shall provide such
Letter of Credit to the City within days effective date of this Franchise.
The Letter of Credit should during the of the Franchise, to guarantee
the faithful performance of all its under this and the Ordinance.
XIX. REGULATION.
A. The City exercise appropriate re authority under the
provisions of the Ordinance Franchise. Re through any
duly designated City offic~ duly established Board or Commis~ or other body of the
City.
B. by accepting the rights hereby granted, that it will
perform and keep acts and obligations imposed, represented by the
provisions ~ the Ordinance, and the renewal proposal.
C. Franchisee agrees to indemnify the City and to hold ' harmless
from all it by third parties arising out of its compliance with ection V to
the extent tha~t such claims are not barred by Section 635A of the Cabl,
Page 19 of 47
Consumer Protection and Competition Act of 1992 (Limitation of Franchise Authority
Liability), or by any other provision of law.
D. In addition to the above, Franchisee agrees to save and hold
harmless and other entities operating access channels in City, their officers,
boards and loyees from and against any liability for including attorney fees
and for any f or claims resulting from any allegation a public, educational or
government acc¢ channel in Iowa City on the Franchisee's system has infringed
upon the copyn >erformance rights held by any person music performed that is
part of any originated programming cablecast public educational or
government access required as part of this
XX. REMEDIES.
A. uidated Damages. B, Franchisee's failure to comply
with certain material~ of this Agreement the Ordinance will result in injury
to the City or to subscribers, because it will estimate the extent of such
injury, the City and Franchisee agree the liquidated damages and penalties
stated in the Ordinance of the damages resulting from
the specified injury.
B. Violations. For the any of the following, the City shall notify
Franchisee in writing of the violation, shall provide Franchisee with a detailed
written notice of any Franchise violation it proposes to take action, and there
shall be a thirty (30) day period Franchisee may demonstrate that a
violation does not exist or cure an violation or, if the violation cannot be
corrected in thirty (30) days, submit ~lan 'to the City to correct the violation.
If an alleged violation is proven to and no or action on a plan acceptable to the
City has been received by the days, such liquidated damages shall
be chargeable to the Letter of as set forth the Ordinance if not tendered by
Franchisee within thirty (30) Franchisee may the City Council for relief
with just cause. The ' of liquidated dama not preclude the City from
exercising the other enforc ' ' of the including revocation, or
other statutory or judicially penalties. Lk damages may be imposed as
follows:
(1) For to ~lete construction or extend s~ice in accordance with
y for each day the violation con~nues;
(2) For to comply with requirements for. .pu.~ic, educational and
sss: $150/day for each day the violatio~ continues;
(3) For to submit reports, maintain records, provUe documents or
$150/day for each day the violation continu~; and
Page 20 of 47
(4) For violation of customer service standards required by this Franchise, the
Ordinance, or by FCC regulation: $150/day per standard violated.
(5) violation of the books and financial records provisions of this
and the Ordinance: up to $150/day for e day the violation
(6) For of other material provisions of s Franchise or the
up to $15 O/day for each day the continues.
XXI. COOPERATII
The parties reco at it is within their mutual est interests for the cable
television system to be as efficiently as poss in accordance with the
requirements set forth in this A To achieve parties agree to cooperate
with each other in accordance wi terms and of this Franchise. Should
either party believe that the is not acting or reasonably within the
confines of applicable regulations procedure~, responding to a request for
action, that party shall notify the or specified herein. The person or
agent thus notified will use its best the particular action requested.
XXII. WAIVER.
The failure of the City at any time to t : performance by Franchisee of any
provision hereof shall in no way affect the the City hereafter to enforce the
same.
Nor shall the waiver by the any of any provision hereof be
taken to be a waiver of any succeeding of such ' ' or as a waiver of the
provision itself.
XXIII.CUMULATIVE PROVISIO/I~.
The rights and remedies res)6rved to the City by this are cumulative
and shall be in addition to and not/in, derogation of any other 'emedies which
the City may have with respect ~6 the subject matter of this ~,, and a waiver
thereof at any time shall have ngt effect on the enforcement of ~ts or remedies
at a future time. ~
XXIV. NO LIABILITY. / ~x~
Nothing herein shal)/be deemed to create civil liability by one p~rty for the
action, omissions or negligence of the other party, or of a party's agents, ~hmployees,
officers or assigns. Each/par!y sh,,all b,e solely liable for claims against i~ by third
parties, whether arising/ under the Cable Television Consumer Protection and
Competition Act of 1992/or under any other provision of law.
Page 21 of 47
IN WIT1NES~ WHEREOF, the parties have caused ~his Agreement to be
executed on CITY CITY, IOWA
A muni{ ~oration
ATTEST: ~
W~tness ~ Iowa LLC
Witness
Office
Page 22 of 47
Appendices
A. General S Specifications
B. Drop technical ,
C. Delivery system list
D. Test equipment Iowa City within 24
E. Preventative maintenance gram
F. Franchisee's ~
G. Cutover process
H. Programming categories
I. Free Drop Locations
J. Access Channel Placement
K Access publicity
L. Business and Repair Hours
Page 23 of 47
APPE A
General System ~ecifications (750 Mhz)
Distribution - End of Line ~. 77) NC~ s:
Carrier/Noise
2nd order beats
Triple order beats
Cross modulation
Tap outputs 54 MHz minimum
Tap outputs 750 MHz minimum
Fiber Link (output as node):
Carrier/Noise 49
2nd order beats 63
3rd order beats 63
Cross modulation 63
Page 24 of 47
Drop ~nical Parameters
Coaxial cable shall meet the requirem ~fSCTE IPS-SP-001 or ANSI/SCTE 15 2001
as specified to a bandwidth of 1000
Page 25 of 47
C
Deliw Equipment
Scientific Atlanta High Gain Moc System Amps
Scientific Atlanta
Regal 1000 MHz line
Times Fiber 625 T10
Times Fiber 875 T10 trunk cable
Page 26 of 47
D
· ~ment
1. Hewlett ~ectrum Analyzer
2. Signal Analysis 1400
A. Signal levels
B. C/N ratios
C. Hum in %
3. Wavetek Model Bench Sweep
4. Wavetek Model 5000 Field
5. Comsonics ~ge Detector Model Sniffer
6. Comsonics Detector Sniffer II &
7. FIS Optical Meter Model # OV-PM
8. Tekronix TDR Cable Tester
9. Tekronix ~S3031 Optical TDR
Page 27 of 47
E
Mainten 'rocedures
The Iowa City system is driven signal leaka quarter. Leaks are logged and
repaired by the service techni All leakage logs file in the Iowa City
office.
Page 28 of 47
APPENDIX F
MediacomUpgrade/Splicing P cedures
original dated 4/16/98)
1. Splicing specifications by Mediacom, ~plice conditions, many locations
become a custom build, example - field the use of extension connectors (3-
inch or 6-inch) to maintain' and to provide a uniform and straight entry
into the equip sides, locations will require the input loop to be
straightened and reformed ~enders only - no boards, forms or hand-
formed loops) with the
2. All strand-mounted equipment, directional couplers, splitters and power inserters
will have input and output loops, r falls at a location with a piece of feeder
equipment, the feeder equipment or line extender) should be on brackets with
the power inserter mounted above it ust offsetting the bracket. Don't force the input
loop! Taps are the only devices that do an input loop, EXCEPT at terminating taps. The
loops at a terminating p ituations where the pole is accessible ONLY by
climbing.
3. Grounding and bonding:
a) All active components uire bond or their own ground rod and
vertical groundwire at pole prior to and after the active.
b) All junction poles can be with the wer or telephone vertical, but a split-bolt
connector must be
c) If local utilities allow, ~ be bonded to If no telephone or power
vertical exists, install a and ground rod.
d) no ne~v grounds are re¢ existing grounds should be
4. All rested lashing wire Ds and straps are to be replaced. Tree
suspension clamp on; trunk or multiple cables.
5. On dual cable, two are placed in the bottom of each loop. be
brought up where contractor work is being Skip (no cut) poles
do not have to be eworked, with the exception of straps, spacers, and wire clamps.
6. Straight splices loop, as well as the standard output loop.
7. Do not place on preformed strand splices, deadends, or other obstructions.
8. Self-support ~ hall be treated with the same specifications as any other cables.
from the to damage the jacket. Use straps and 55 inches
Page 29 of 47
out from the suspension clamp), and Jackson/Lemco mechanical benders must be used to form the
loops. Forming boards are not allo~ved.
9. Where possible, taps are to be placed 18 inches from the ~sary, one may
use a measurement of NO LESS THAN 12 iNCHES to save a straight on connector.
1 o. When the~. ombined length of multiple pieces of equipment .,w, ould e furthest connector beyond 4
feet from ~s,uspension clamp, the equipment may be "split' into ~parate pieces - which may
then be sp!ice~ on each side of the pole. All other applicable spec: ,ns shall be adhered to,
including ie~n~t,~ d°glegs, loops, etc.
11. Long, stra!g, ht)t.oghlxgs into equipment shall be the standard. ThC must bed minimum of 6 inches of
straight cable into annA connector. There must be a minimum o174 inches of straight cable into any strap
and spacer._ ~ /
12. Any active house drops n~st have new "Snap-N-Seal" F c96nectors installed, with proper tools used
for preparation and installat~n. When moving (s, install them no closer than 18 inches from
the
pole.
13. Mediacom mandated working ho~rs are to be with Project Managers. Although local
requirements may vary, the following is
Trunk: ~
Off- 12 midni~[,ht
On - 6AM ~ service is to be notified before and after (by person
coordinating ni
Feeder:
Off- 6AM
On- 3:30 PM be affected by work must be logged on street sheets
the to the Regional dispatch center
No active system work is to be pc ~ weekends or holidays unless specified
in advance by Mediacom
14. Signal levels of amplifiers, and end-of-line I am to be ~ sheets, and the control maps, during upgrade.
Balancing is to be performed using channels ~pplicable and two additional channels to be
designated. Log sheets will be collected dali
15. Street sheets showing daily work are required to in to the project supervisor, before
8:30AM each day.
16. Wall maps are to be marked ~ for Mediacom, with all end- levels posted, noting any
added equipment or other desi changes.
17. Contractors for Mediacom required to provide magnetic identificati~signs for all trucks. Contract
personnel will carry photo ' cards identifying them as contractors for M~diacom.
18. Proper splicing technique~ to be used at all times: ~
a) Coring tools luirect that leave a smooth edge on the coax sheath
(Cablematic o~ ~co tools) ~
b) Center conductor tools must not damage copper cladding. The Plexi~as Y-190 tool works
well. No metal b Center conductors must be cut to length ir~accordance with
the s specifications. EXPECT MEDIACOM TO REGULARLY
INSPECT
Page 30 of 47
19. Bishop #10 3-3/4" x 10' Electro-Seal tape will be applied to all housing to housing connectors. Do not
apply Bishop tape to 90°, 180°, or other connectors. The tape may be cut in half for easier application
in small spaces, but in any case should be stretched fight as it is wrapped.
20. In underground areas, all equipment will be securely mounted the pedestal or closure with the
proper n bracket. Taps may be mounted directl' proper mounting point
exists, equipment is to be left floating, or mounted to
21. Pede 1 be replaced only if they are the incorrect damaged. Dull paint is not a reason to
replace pedestal.
22. Safety
a) Hard hat: re to be worn whenever any aerial work.
b) Cones are to out at rear and front
c) Men Workin. ; shall be used when
d) Flares shall be conditions v
e) Ladders must not ?t unattended.
0 Debris including loose wire, piece~ or center conductors, connectors, etc.,
must not be left . at the job
General information
1. When applicable, use top feeder
2. All splicing should conform to 's specifications regarding proper spacings, and uniform and
straight entry. If done properly, can be singled out from the rest (see attached
drawings).
3. All equipment provided b' I be handled properly without abuse - including keeping it
dry, secure, etc.
FIBER OPTIC CABLE I ES
1. Underground fiber:
Depth will vary from re to 42 inch depth will be considered a minimum.
One underground be placed 12 cable. If all-dielectric fiber
cable is used, an an inte locating conductor will be placed directly
on top of the cable.
Use B~ for above grade warning DO NOT place stakes directly above
the fiber trench/plow path.
· being used for fiber will be of nothin~ess than a schedule 40.
· distance fiber locators may be required du~to long runs.
2. Aerial fiber: ~
The "bag 1 in the fiber at the pole, on the attached dra~ings, i~xexaggerated for clarity, and
should not ~ilt as drawn. The loop at the pole should be a shallow, smooth curve that
maintains: slight separation between the fiber sheath and the suspen~on clamp.
Use Vikir~ Iic (TVC) fiber optic warning tag - yellow or orange with black letters, to be attached
to botto ,mp 'loop at pole, with tie wraps. ~ ~
Fiber las~! ; wire clamps will be placed on the pole side of the existing l&ching wire clamps.
Above e~i~ lng coaxial cable loops, fiber will be attached us!ng_ stainless steel cable straps.
1,will be installed, no partial fiber reels will be brou~g~t ba_ck to the w~rehouse.
[ lashbacks will be installed 1.0, feet from the pole. F!_ber loops will b~.teardrop-shaped,
vertically, with manufacturer s bending radius specifications observed~
les WILL NOT be used as a bending form - and are not to be used AT ALL.
Page 31 of 47
Node service cables should be lashed or strapped out along the strand - not coiled.
3. Fiber backlashes:
Regional preferences or local codes may apply, e fiber is to be lashed to the strand (see
attached drawings).
MULTIPL' DWELLING UNITS (MDUs)
1. The: process will generally input signal to an active or a
lockbox ~ a MDU complex. This ma) 1 on the design maps as individual tap ports for
12 units and or a terminated feeder leg with si Adjustments to the design may
be necessary a complex.
2. Any lockbox v splitter updating, rewiring is the responsibility of the local
technical,
3. Construction local technical staff should meet well in advance
of the and coordinate efforts.
4. All lockboxes should be #6 Local codes regarding grounding and
bonding should be followed.
5. Interi oided, if at all possible. Outdoor line extenders, powered
from the outside plant, are
Page 32 of 47
This page is
Page 33 of 47
CGq¢~LE,110N
1¥PIC~ ?obr~ CON511~LICllOI',I
Mediaco~~m
CONI511eLIC110kl 57~ClPICAllON'. ~ ~
'"="
~ CON~IR,~qON
r~
CON.~LICTION .~P~¢II~ICAI'ION~
TYPICAL. POI-I?. C;ON~1~LIC110NI
\
\
APPENDIX
Cut over p~
The upgrade/rebuild will involve activating fiber optic cable while the coaxial
cable is still activated and in operation, ill be a series of fiber nodes designed for the
upgrade/rebuild. As each fiber node is it will be activated. The activation of one
node will not interfere or interrupt the corn a separate node. In the event the company
is confronted with the loss of signal from that the Company will make
every possible effort to complete during viewing, such as 12:00 a.m. or 6:00
a.m. or at the time recommended b
H
Programmin fie Programming
Science Fiction Programming
Religious Programming
Cartoon Programming
Federal Government News Programming
Educational Programming
Pay Per Channel and Pay Per Program
International Programming
WOmen's Programming
Do-it'
Children's Programming
News Programming
History Programming
Comedy Programming
Music Programming
Sports Programming
Arts Programming
Black Entertainment Pro
Hispanic Programming
10
APPENDIX I
'ee Drops
All stration buildings
Other Sc ls
Re
Re
ity College
>lic Buildings
Hall
Center
>n Center
Libraries
Fire stations
Broadway St. Nei
Pheasant Ridge Neighborhood ~
PATV office ~.
City Cable Office
Other Sites
Future neighborhood centers
Future access organization(s) sites
Future City government administration buildings
11
Appendix J
Channel Pc
PATV 18
Government Channel 4
University of Iowa 17
InfoVision Channel 5
Library ~hannel 10
KTS .. 11
Iowa City Schools 21
12
APPE K
Publici
1. The Company agrees to handbooks, information about local access
channels. The cost of~ information shall be the sole responsibility of
the access programming (government, education, public). The Company
reserves the right to
2. The Company agrees to allow messages or bill stuffers to be included in the
subscribers' bills at the rate year subject to approval of content by the
Company, availability and uate notice. The cost of printing and insertion
shall be the responsibility ol access providers (government, education,
and public).
13
APl L
_ . .....~ Bu~siness
Repair
Hours
Business Hours: 8 AM - 6 PlV~ 9AM- 5 PM
Service Hours: 8 AM- 5 PM '-Saturday
On call- 241 per~y, seven days a week
14
Prepared by Kimberly Johnson, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 05-225
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LANDOWNER, DLSIC L.C. AND TENANT YATES, INC. d/b/a
PITA PIT, FOR A SIDEWALK CAFI~ AT 113 IOWA AVENUE.
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, Yates, Inc., d/b/a Pita Pit, as tenant, applied for a temporary use of the
public right-of-way at 113 Iowa Avenue, Iowa City, Iowa for a sidewalk cafb thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the
proposed sidewalk caf~ and found these to be in compliance with the regulations
adopted by Ordinance 97-3764; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof;
and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of
the public right-of-way, as enumerated in the License Agreement for Temporary Use of
Public Right-of-Way (hereinafter "License Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign
and attest said license agreement, copy of which is on file with the Public Works
Department.
2. The Public Works Department is hereby directed to record this Resolution and
License Agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this sth day of .T~zl¥ , 2005.
Appr -.
ClTY'~CLERK City Attorney's Office
Resolution No. ns-?2s
Page ,Z
It was moved by Bailey and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
Prepared by Kimberly Johnson, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 05-226
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LANDOWNER, MAUREEN A. MONDANARO/AND TENANT
GIVANNI'S OF IOWA CITY, INC. d/b/a GIVANNI'S, FOR A SIDEWALK
CAFI~ AT 109 E. COLLEGE STREET.
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, Givanni's of Iowa City, Inc., d/b/a Givanni's, as tenant, applied for a
temporary use of the public right-of-way at 109 E. College Street, Iowa City, Iowa for a
sidewalk caf~ thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the
proposed sidewalk caf~ and found these to be in compliance with the regulations
adopted by Ordinance 97-3764; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof;
and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of
the public right-of-way, as enumerated in the License Agreement for Temporary Use of
Public Right-of-Way (hereinafter "License Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign
and attest said license agreement, copy of which is on file with the Public Works
Department.
2. The Public Works Department is hereby directed to record this Resolution and
License Agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this ~th day of
Approved by:
ATTEST: '~1~ /~'. ';~.-~
CITY'CLERK City Attorney's Office
Resolution No. 05-226
Page 2
It was moved by Wilburn and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Elliott
x Lehman
x O'Donnell
x Vanderhoef
× Wilburn