Germantown Franchise Print E-mail
GERMANTOWN FRANCHISE AGREEMENT

ORDINANCE NO.01-69

AN ORDINANCE APPROVING AN EXTENSION OF A CABLE TELEVISION
FRANCHISE WITH TIME WARNER CABLE SUBJECT TO CERTAIN TERMS AND
CONDITIONS.

WHEREAS, Time Warner Cable has provided cable television services in Germantown for
many years; and

WHEREAS, the most recent franchise expired in August of 2000 and renewal or extension
have been the subject of ongoing negotiations for several years; and

WHEREAS, the most recent proposal appears to address the needs and requirements of the
Village of Germantown.

NOW, THEREFORE, THE MUNICIPALITY OF GERMANTOWN, STATE OF OHIO,
HEREBY ORDAINS THAT:

SECTION 1: The Village of Germantown hereby grants and extension to the existing franchise
with amendments, the extended franchise to expire on June 30, 2006.

SECTION 2: The amendments approved and incorporated herein by reference are those
included in the "ADDENDUM" marked as "Exhibit A" attached hereto and made
a part hereof, which hereby becomes a part of the franchise agreement. With the
exception of the aforesaid amendments, the prior franchise agreement shall
remain in full force and effect.

SECTION 3: As a clarification of item b) in the addendum, this Council stipulates that the
Village of Germantown now has direct access through its emergency dispatch
center to simultaneously broadcast on all cable channels a voice-over alert to
residents. This extension and addendum are approved subject to the condition
that the Emergency Alert Override System is not reduced or revised nor made
subject to cooperation of any third party or other government entity.

SECTION 4: This extension shall only be effective if Time Warner Cable returns an executed
affidavit accepting the terms of the ADDENDUM and this ordinance.

SECTION 5: This measure shall take effect and be in full force from and after the; earliest
period allowed by law.

PASSED: January 7, 2002
ATTEST: APPROVED:
Tiffany R. Warner Theodore E. Landis
Clerk of Council Mayor
First Reading: December 17, 2001
Public Hearing: January 7, 2002

"Exhibit A "

ADDENDUM

It is established that the Franchise agreement between Time Warner Cable
Entertainment, L. p ., a subsidiary of Time Warner, Inc. (Grantee) and the Village of
Germantown, Ohio (Grantor) dated August 19, 1988, shall be extended for a period of
six (6) years, expiring on June 30, 2006 with the following accompanying provisions.
All other terms and conditions of the 1988 agreement shall remain in effect unless
otherwise pre-empted by state and/or federal law. This action is being taken to enable
the Village to align the expiration of this agreement with those of the other Miami Valley
Cable Council member cities. At that time, all member cities shall be jointly
represented under one agreement by the Miami Valley Cable Council. The Miami
Valley Cable Council will continue to represent the Village of Germantown throughout
the term of this extension.

System Provisions

a) Time Warner Cable has constructed a 750 Mhz system with a maximum capacity of
77 channels. The system shall be operated in compliance with all national electric
safety codes.

b) Grantee shall comply with applicable FCC rules and regulations regarding
emergency alert system (EAS) by providing the system with capability to override
and transmit, in cooperation with regional authorities, and emergency alert signal in
the event of disaster or public emergency.

c) Grantee shall continue to provide four (4) channels to Grantor for,ti1e specific
purpose of providing public, educational and/or government programming.

d) Grantee shall provide at no cost, one ( 1) service drop, one ( 1) outlet, and free basic
service, including the use of a converter, if needed, to those sites listed on Appendix
A.

e) By November 30, 2001 Time Warner Cable shall have constructed a fiber path from
the Miami Valley Cable Council building to the Germantown Municipal Building
located at 75 North Walnut Street. The Germantown facility will also serve -as a hub
site for the Village from which two (2) additional sites will be connected via fiber.
The two sites as prioritized by the Village will include the Water Department located
at 150 Gunkel Street and the Senior Center located at 33 North Cherry Street.
These additional sites shall be completed by July 1, 2002, providing reasonable
cooperation by all local utilities. By the conclusion of this extension, but no sooner
than 2006, the Grantee shall connect a third serviceable site as requested by the
Village. Said request must be provided to the Grantee no later than July 1, 2005.

Gross Revenue

"Gross Revenues" shall mean all revenues derived from the operation of the cable
system.

Liability Insurance

Grantee shall maintain throughout the term of this franchise, liability insurance insuring
the Village and the Grantee with regard to all damages in the following minimum
amounts:
1. One million dollars ($1 ,000,000) for bodily injury or death arising from any
one accident.
2. Two million dollars ($2,000,000) for all other types of liability such as
property damage.

ATTEST
Clerk of Council Village Manager

TIME WARNER CABLE
President of Western Ohio Division

ORDINANCE 88-15 APR 13 1988


AN ORDINANCE GRANTING A FRANCHISE TO CENTEL CABLE TELEVISION CO. OF OHIO, ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN
THE CITY OF GERMANTOWN, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
FRANCHISE, AND PROVIDING FOR CITY REGULATIONS AND USE OF THE CABLE TELEVISION
SYSTEM.

THE MUNICIPALITY OF GERMANTOWN, STATE OF OHIO, HEREBY ORDAINS THAT:

Article I. General provisions.

SECTION 1: Purpose.

The purpose of this chapter is to grant a non-exclusive franchise to
Centel Cable Television Co. of Ohio and to provide for the regulation and
control of said Cable Television System in the City in the public interest.
This franchise, upon the written approval by the City and the Company,
constitutes a mutual agreement between said parties.

SECTION 2: Procedure for granting or transfer of franchise.
After holding a public hearing on the franchise ordinance wherein the
Company's character, legal, financial, technical, and o1:her qualifications,
and the adequacy and feasibility of its construction arrangements were duly
considered, the City does hereby grant a non-exclusive franchise to Centel
Cable Television Co. of Ohio to construct, "install, main1:ain and operate a
Cable Television System and facilities incident thereto, on, over, under,
across and through the Public Ways within the City. The City reserves the
right to' grant a similar use of said Public Ways to any person or group of
persons at any time during the period of this franchise.
city approval shall be required for the assignment or transfer of this
franchise. The City's approval or disapproval of the requested transaction
shall be based on a determination of whether or not the proposed transferee
possesses the character, legal, financial and technical qualifications then
required by federal, state or local law to operate a Cable Television System.
The City's approval of said transaction may not and ~hall not be unreasonably
withheld.

SECTION 3: Length of franchise.
-
This franchise shall take effect on the earliest date allowed by law and
shall extend for a period of fifteen (15) years from the date of passage of
Ordinance 82-35.

SECTION 4: Franchise territory.

This franchise is for the present territorial Limits of the City and any
area annexed during the term of this franchise.

Article II. Conditions of Occupancy of Public Ways.

SECTION 5: Construction codes and standards

(a) Methods of construction, installation, and maintenance of the
Company's Cable Television System shall comply with local law affecting the
construction, installation, and maintenance of electric supply and
communication lines.

(b) Any tower constructed for use in the Company's Cable Television
System shall comply with the standards contained in Structural Standards for
Steel Antenna Towers and 'Antenna Supporting Structures, EIA Standards RS-222-
A, as published by the Engineering Department of the Electronic Industries
Association, 2201 I Street, N.W., Washington, D.C. 20006.

(c) All methods of construction, installation, and maintenance of the
Company's Cable Television System shall also comply with all applicable laws
and rules of the State of Ohio and the City. The City reserves the right,
from time to time to issue by duly adopted ordinance, such reasonable rules
and regulations concerning the construction, operation, and maintenance of the
System as are consistent with the provisions of this chapter and necessary to
protect its residents' rights to the peaceful enjoyment of the Public Ways.

SECTION 6: Company to exercise reasonable care and diligence. -;.
In the construction, installation, maintenance, removal, or repair of the
facilities herein contemplated, the Company shall exercise reasonable care and
diligence to avoid damage, injury, or nuisance to persons or property and
shall install and maintain its facilities in a workmanlike manner so as to
minimize the public inconvenience and so as not to interfere with any
facilities of the City. The Company shall comply with all existing City
regulations pertaining to the use of the Public Ways and shall, at its own
expense, carefully guard and protect all Public Ways entered and opened by it
so as to prevent injury to persons or damage to property while work therein is
being performed. All such Public Ways shall be restored to their former
condition by the Company as soon as is practicable after completion of work.

SECTION 7: Overhead and underground construction.

(a) The Company shall be permitted to place its cables, wires, or other
equipment overhead when local or state law permit$ overhead construction and
other like facilities are overhead. the Company shall place its cables,
wires, or other equipment underground when Local or state law requires
underground placement and where all other Like facilities are underground.

(b) The City shall us~ their best efforts with pole owners to promote the
joint use of poles so as to assure the broadest possible wiring of premises
within the City. The Company shall not erect any new pole without first
obtaining the city's written approval of the location, type, and
specifications thereof.

(c) Notwithstanding any other provisions of this franchise, if, in any
part of the City, satisfactory aerial or underground easement rights over
private property cannot he obtained on reasonable terms, the Company shall
have no obligation to build its System or provide service in said area.

(d) Underground construction shall only be done in areas and streets
where residential development has been completed or where joint use with a
utility company deems it possible to go into an undeveloped area. This is to
eliminate damage to our cables and equipment and to provide in the future
quality TV signals to that area.

SECTION 8: Tree Trimming.

The Company shall have the right hereunder to trim trees in and
overhanging the public ways, in a workmanlike manner, so as to protect its
facilities from abrasive contact. Notwithstanding the foregoing, the City, at
its option, may, following written notice to the Company, undertake such
trimming at the Company's expense.

SECTION 9: Relocation to accommodate public and private improvements.
The Company shall, upon reasonable notice and without expense to the
City, relocate its facilities to accommodate such public works or improvements
as the City shall in its judgment designate. the Company shall, at the
expense of any person holding a building moving permit issued by the City,
temporarily raise, lower, or remove its wires to permit the moving of said
building. In such event, the Company shall be given not less than seven (7)
days' advance written notice to arrange for such temporary wire changes. The
Company's estimated charges for such work shall be payable not less than
forty-eight (48) hours in advance.

SECTION 10: Right of inspection and restoration.

The City shall have the right to supervise or inspect all work performed
by the Company or its agents upon Public Ways to insure compliance with this
Article II. In the event such inspection reveals that the Company has failed,
in the City's judgment, to fulfill its obligations under this Article, the
City shall notify the Council, and the Council shall in -turn notify the
Company, in writing, of its specific deficiencies. Absent commencement of
corrective action by the Company within forty-eight (48) hours of receipt of
said notification, the City, at the direction of the Council, may undertake
the necessary repairs or restorations at the Company's sole expense.

Article III. Facilities and Services.

SECTION 11: Facilities.

(a) A facility or a connection from another facility, via fiber,
microwave, cable, or other new technology, for receiving and transmitting to
subscribers video programming or other programming services, will be provided
by the company. In the event that the company elects to employ a connection
from another facility to deliver video programming or other programming
services to the city and its subscribers, the equipment shall include all that
is necessary for optimum and quality signal processing and standby power to
ensure continuous operation of the cable system in the event of a power
outage

(b) Office space for the collection of invoice payments for The Company
will be set-up within the Germantown Municipal Building and will be collected
by assigned employees of The City. The Company shall hold The City, the Miami
Valley Cable Council, and all other entities harmless of liability for
collection of said payments.

(c) A 400 Megahertz system with 54 channel capacity will be built. This
system will have reverse capabilities. This system will be standby powered
also for fewer interruptions due to power outages.

SECTION 12: Services.

(a) Routine service calls shall be responded to be the Company within 48
hours upon notification by the customer to the office that they have a problem
with their cable service. A major system outage shall be responded to by the
Company within 24 hours.

(b) The Company shall voluntarily interrupt service only for Good Cause
and for the shortest time possible. Such interruptions, insofar as possible,
shall be preceded by notice and shall occur during periods of minimum use.

(c) In the event that such complaints are not responded to, or service is
not restored to the levels required by the FCC within 48 hours, the Subscriber
shall be entitled to a rebate of one-thirtieth (1/30) of his monthly service
fee for each day or part thereof between the end of the 43 hour period and the
time service is restored to said standards. This service standard may be
waived if the Company is prevented from gaining access to its equipment by
Acts of God, such as a snow emergency, or in the event of a power outage.

(d) The Company shall provide an Emergency Audio Override System that
operates automatically by use of a special telephone line from the Municipal
Building. Such a system shall override the audio portion of all channels fro
the insertion of an emergency alert message.

(e) The Company reserves the right during the franchise term to add new
services and otherwise modify its channel line-up, but it will continue to
maintain the mix, quality and level of services as are represented by the
following broad categories, so long as such services are available and are
economically feasible:
Dayton and Cincinnati-area network-affiliated commercial TV stations,
such as WDTN-Dayton ABC; WLWT-Cincinnati NBC; WHIO TV-Dayton CBS; WKEF-Dayton NBC; WCPO-Cincinnati CBS, and WKRC-Cincinnati ABC.

Dayton and Cincinnati-area independent commercial TV stations, such as
WRGT-Dayton, WXIX-Cincinnati and WTJC-Springfield.

Local area public broadcast TV stations, such as WPTD-Dayton and YCET-
Cincinnati.

Children1s programming networks, such as Nickelodeon.

National news and information networks, such as Cable News Network,

CNN Headline News and The Weather Channel.

National and/or regional sports networks, such as ESPN.

National public affairs programming networks, such as C-SPAN I AND II.

Music and entertainment networks, such as MTV and The Nashville
Network.

Educational programming networks, such as The Discovery Channel.

Family entertainment networks, such as. CNN Cable Network.

Special interest cable networks, such as USA Network, Lifetime and

Home Shopping Network.

"Superstations," such as WGN and WTBS.

Local PEG Access channel (5),

A local origination channel/community bulletin board. ,

Pay cable networks, such as HBO, The Movie Channel and Show time.

(f) The Company must provide at least one free cable television drop ,
complete with basic service to all school buildings within the Valley View
School District, so long as the school building is passed by a cable line, and
to the Municipal Building. Requests for such drops must come respectively P
from the Superintendent of the Valley View School District, or his/her
authorized representative, and from the Germantown City Manager, or his/her
authorized representative.

SECTION 13: PEG Access Channels.

(a) The Company shall permit, as part of the City's PEG access
programming, a permanent interconnect with the Miami Valley Cable Councils
PEG access programming channels, in cooperation with Continental Cablevision,
.Inc.

(b) The City will insure the same technical standards on programming of
its access channels as those maintained by the Company on its system.

Article V. Rates and Franchise Fees.

SECTION 14: DELETE

SECTION 15: Changes in rates for Basic Subscriber Service.

In the event the City is permitted to regulate rates for basic subscriber
service, the Company may petition the Miami Valley Cable Council for a change
in rates by filing a revised rate schedule, including its justification(s) for
the proposed new schedule. The Cable Council who shall, in turn, render a
written decision within 90 days after the Company's petition, either
accepting, rejecting, or modifying the same and reciting the basis of its
decision.

SECTION 16: Franchise Fee.

(a) As consideration f,;)r the franchise granted herein, the Company shall
pay to the City of Germantown an amount equal to 5% of the Cable Company's
gross subscriber receipts annually. This franchise fee may be shown on the
subscriber's monthly statements.

(b) It is the intent of the City to utilize franchise fees as necessary,
to defray the costs of local regulation of the Company, and to support the
development of public, educational and government access programming through
the Miami Valley Cable Council.

(c) Payments due under this provision shall be payable annually directly
to the Miami Valley Cable Council. Each such ~payment shall be accompanied by
a report stating gross revenues. certified by an officer of the Company,
showing the basis for the computation thereof. .

Article VI. Indemnification, Insurance, and Bonding.

SECTION 17: General Indemnification..

The Company shall pay and, within thirty (30) days of the effective date
of this Ordinance, specifically agrees to pay all damages and penalties which
the City or the Council may legally b~ required to pay as a result of granting
this franchise. These damages or penalties shall include, but shall not be
limited to, damages arising ,out of the installation, operation, or maintenance
of the System authorized by this franchise. This indemnification provision
shall not apply in the event that the City, its officers, employees, and/or
agents, or the Council, its employees, and/or agents take part in, consent to,
or otherwise are directly or indirectly responsible for the course of action
which gives rise to the injury, loss, damage, claims, suites, judgments, or
other proceedings or liability.

SECTION 18: Liability Insurance

The Company shall maintain and, within thirty (30) days of the effective
date of this Ordinance, specifically agrees to maintain, throughout the term
of this franchise, liability insurance insuring the City, the Council, and the
Company with regard to all damages and penalties:

(a) $300,000 for bodily injury or death to anyone Person, within the
limit of $500,000 for bodily injury or death resulting from anyone accident;
and

(b) $100,000 for property damage resulting from anyone accident.

SECTION 19: Performance Bond.

The Company must comply with either (a) or (b) below as follows:

(a) The Company shall maintain and, within thirty (30) days of the
effective date of this Agreement, specifically agrees to maintain, throughout
the term hereof, a faithful performance bond running to the City, executed by
a surety company authorized to do business as surety in the State of Ohio, in
the penal sum of up to $25,000 to ensure that the Company shall well and truly
observe, fulfill, and perform each term and condition of this agreement and
that, in case of any breach of this ordinance, the amount of all damages and
penalties proximately resulting from the failure of the Company to well and
faithfully observe and perform any provision of this section shall be
recoverable by the City from said bond.

SECTION 20: Proof of Insurance and Bonding.

Within thirty (30) days of the effective date of this Ordinance, the
Company shall furnish proof to the Council that a satisfactory insurance
policy and performance bond have been obtained. Said insurance policy and
performance bond shall be approved by the Council, and a copy of such
insurance policy and performance bond along with written evidence of payment
of the required premiums, shall be filed and maintained with the Council.
Said insurance policy and bond shall specify that at least Thirty (30) days
prior written notice shall be filed with the City of any intention not to
renew, to cancel, or to make a material change therein.

Article VII. Books, Records, and Reports.

SECTION 21: Books and Records.

The Company's operations under all Parallel Ordinances shall be viewed as
one financial and reporting unit, and its books and records shall be kept in
such a way as to show the activities of this unit separate from any other
activities of the Company. The City shall have the right to inspect, at any
time during normal business hours, all books, records, maps, plans, income tax
returns, financial statements, and other like materials of the Company which
relate to its operations hereunder, including expenses attributed to the
System by any parent corporation. However, the City shall treat all
information obtained from the Company with the same degree of confidentiality
as would be accorded similar information by the FCC.

SECTION 22: Reports.

(a) The Company shall file with the City true and accurate plant maps of
the System to be constructed hereunder and shall keep the same as current as
practicable.

(b) The Company shall file with the City copies of all complaints,
petitions, or orders of the FCC, EEOC, or FAA, in which the company is a named
party and the Company's response, thereto, if any, all within ten (10) days of
the Company's receipt or filing of the same.

(c) Upon reasonable notice, the Company shall appear at any meetings or
public hearings called by the Miami Valley Cable Councilor by the City to
review or evaluate the Company's activities or performance.

(d) All complaints, petitions, or orders received by the City, related
to the Company's activities hereunder shall be forwarded to the Company and
answered by it with a copy to the original addressee within ten (10) days of
receipt.

SECTION 23.

(a) The City of Germantown hereby delegates to the Miami Valley Cable
Council the responsibility and authority for administering all regulatory
functions assigned to it on behalf of the City. The Germantown Cable Access
Board shall serve in an advisory capacity to the Miami Valley Cable Council
and the City on matters involving franchise regulation and administration.

(b) City action by duly adopted ordinance shall be required to ratify
the following Council actions:

1. Approvals of assignments or transfers of this franchise as
specified in Section 2(b) of this Agreement;

2. Decisions to renew or extend or not to renew or extend this
Agreement in accordance with Section 626 and 627 of the Cable
Communications Police Act of 1984;

3. Decisions to revoke this Agreement in accordance with Section
627 of the Cable Communications Policy Act of 1984.

SECTION 24: All actions taken with respect to the granting of the franchise
herein by any official of the City of Germantown are hereby ratified, affirmed
and approved by the holder of the within franchise, and any and all errors
and/or omissions and any action or cause of action by any prior holder of the
within franchise against the City of Germantown and vice versa are hereby
forever released and discharged.

SECTION 25: Upon receipt of approval by the Company of the Franchise
Agreement provided for herein, Ordinance No.82-35 (attached hereto and marked
"Exhibit A") , Ordinance No.84-18 (attached hereto and marked "Exhibit B") and
Ordinance No.86-22 (attached hereto and marked "Exhibit C") are~ hereby
repealed.

SECTION 26: This measure shall take effect and be in force from and after the
earliest period allowed by law.

PASSED:

ATTEST: APPROVED:
Clerk of Council Mayor
First Reading:
Public Hearing:

ORDINANCE NO.82-35

AN ORDINANCE GRANTING A FRANCHISE TO TWIN VALLEY CABLEVISION, INC.,
ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN A
CABLE TELEVISION SYSTEM IN THE CITY OF GERI"'ANTOWN, SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE, AND PROVIDING FOR
CITY REGULATION AND USE OF THE CABLE TELEVISION SYSTEM.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF GERMANTOWN, STATE OF
OHIO, THA T:

Article I. General Provisions.

SECTION I: Purpose .

The purpose of this chapter is to grant a non-exclusive franchise to Twin Valley
Cablevision, Inc., and to provide for the regulation and control of said Cable Television
System in the City in the public interest.

SECTION 2: Procedure for grant of franchise.

After holding a public hearing on the franchise ordinance wherein the Company's
character, legal, financial, technical, and other qualifications, and the adequacy and
feasibility of its construction arrangements were-duly considered, the City does hereby
grant a non-exclusive franchise to Twin Valley Cablevision, Inc., to construct, install,
maintain and operate a Cable Television System and facilities incident thereto, on, over ,
under, across and through the Public Ways within the City. The City reserves the
right to grant a similar use of said Public Ways to any person or group of persons at
any time during the period of this franchise.

SECTION 3: Length of franchise .

This franchise shall take effect on the earliest date allowed 'by law and shall
extend for a period of fifteen (15) years from the date of certification by the Federal
Communications Commission.

SECTION 4: Franchise territory.

This franchise is for the present territorial limits of the City and any area annexed
during the term of this franchise.

Article II. Conditions of Occupancy of the Public Ways.

SECTION 5: Construction codes and standards.

(a) Methods of construction, installation, and maintenance of the Company's
Cable Television System shall comply with local law. affecting the construction, installation,
and maintenance of electric supply and communication lines.

(b) Any tower constructed for use in the Company's Cable Television System t
shall comply with the standards contained in Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures, EIA Standards I1S-222-A, as published by
the Engineering Department of the Electronic Industries Association, 2201 I Street,
N.W., Washington, D.C. 20006. ":

(c) All methods of construction, installation, and maintenance of the Company's "
Cable Television System shall also comply with all applicable laws and rules of the "
State of Ohio and that! City. The City reserves the right, from time to time to issue. t
by duly adopted ordinance, such reasonable rules and regulations concerning the
construction, operation, and maintenance of the System as are consistent with the
provisions of this chapter and necessary to protect its residents' rights to the peaceful
enjoyment of the Public Ways.

SECTION 6: Company to exercise reasonable care and diligence. :

In the construction, installation, maintenance, removal, or repair of the facilities I
herein contemplated, the Company shall exercise reasonable care and diligence to avoid :01
damage, injury. or nuisance to persons or property and shall install and maintain its t
facilities in a workmanlike manner so as to minimize the public inconvenience and
so as not to interfere with any facilities of the City. The Company shall comply with l
all existing City regulations pertaining to the use of the Public Ways and shall, at it’s :
own expense, carefully guard and protect all Public Ways entered and opened by it
so as to prevent injury to persons or damage to property while work therein is being
performed. All such Public Ways shall be restored to their former condition by the
Company as soon as is practicable after completion of work.

SECTION 7: Overhead and underground construction.

(a) The Company shall be permitted to place its cables, wires, or other equipment
overhead when local or state law permits overhead construction and other like facilities
are overhead. The Company shall place its cables, wires, or other equipment under-
ground when local or state law requires underground placement and where all other
like facilities are underground.

(b) The City shall use their best efforts with pole owners to promote the joint
use of poles so as to assure the broadest possible wiring of premises within the City.
The Company shall not erect any new pole without first obtaining the City's written
approval of the location, type, and specifications thereof.

(c) Notwithstanding any other provisions of this franchise, if, in any part of the
City, satisfactory aerial or underground easement rights over private property cannot
be obtained on reasonable terms, the Company shall have no obligation to build its
System or provide service in said area.

(d) Underground construction shall only be done in areas and streets where
residential development has been completed or where joint use with a utility company
deems it possible to go into an undeveloped area. This is to eliminate damage to our
cables and equipment and to provide in the future quality TV signals to that area.

SECTION 8: Tree Trimming.

The Company shall have the right hereunder to trim trees in and overhanging the
public ways, in a workmanlike manner, so as to protect its facilities from abrasive
contact. Notwithstanding the foregoing, the City, at its option, may, following written
notice to the Company, undertake such trimming at the Company's expense.

SECTION 9: Relocation to accommodate public and private improvements.

The Company shall, upon reasonable notice and without expense to the City,
relocate its facilities to accommodate such public works or improvements as the City
shall in its judgment designate. The Company shall, at the expense of any person
holding a building moving permit issued by the City, temporarily raise, lower, or remove
its wires to permit the moving of said building. In such event, the Company shall be
given not less then seven (7) days' advance written notice to arrange for such temporary
wire changes. The Company's estimated charges for such work shall be payable not
less than forty-eight (48) hours in advance.

SECTION 10: Right of inspection and restoration .

The City shall have the right to supervise or inspect all work performed by the
Company or its agents upon Public Ways to insure compliance with this Article I,.
In the event such inspection reveals that the Company has failed, in the City's judgment,
to fulfill its obligations under this Article, the City shall notify the Council, and the
Council shall in turn notify the Company, in writing, of its specific deficiencies. Absent
commencement of corrective action by the Company within forty-eight (48) hours of
receipt of said notification, the City, at the direction of the Council, may undertake
the necessary repairs or restorations at the Company's sole expense.

Article III. Facilities and Services.

SECTION II: Facilities.

(a) A headend site for receiving air signals and satellite signals, will be built
in the Germantown area. This includes a tower with antennas, a satellite receiving
disc, a building with signal processing equipment, and standby powering to keep the
cable receiving equipment operating in case of power outages.

(b) An office will be located in Germantown for payments and business
transactions.

(c) A 400 Megahertz system with 54 channel capacity will be built. This system
will have reverse capabilities. This system will be standby powered also for fewer
interruptions due to power outages.

SECTION 12: Services.

(a) Service calls shall be responded to by the Company within 24 hours upon
notification by the customer to the office that they have a problem with their cable
service.

(b) A weather alert system that operates automatically by use of a special phone
line from City Ha". This blanks out the programming on all channels and puts on all
channels a weather alert message.

(c) System to contain 27 channels. 24 of the 27 channels will be the basic
package we are offering for $8.95 a month. Three of the 27 channels will be movie
channels which will have an additional charge.

BASIC PACKAGE

WDTN Ch. 2 Dayton ABC
WHIO Ch. 7 Dayton CBS
SPTD Ch. 16 Dayton PBS
WKEF Ch. 22 Dayton NBC
WLWT Ch. 5 Cincinnati NBC
WCPO Ch. 9 Cincinnati CBS
WKRC Ch. 12 Cincinnati ABC
WXIX Ch. 19 Cincinnati Independent
WCET Ch. 48 Cincinnati PBS
Ch. 34 Columbus PBS
or Ch. 10
WT JC Ch. 26 Springfield Independent
WTBS Atlanta, GA. .Independent
WOR New York, NY Independent
WGN Chicago, IL Independent
CNN Atlanta, GA Cable News Network
CBN Satellite Channel., Christian Broadcasting Network
ESPN Satellite Channel Sports Network
USA Network Satellite Channel Variety of sports & entertainment
Nickelodeon Satellite Channel Children's programming
MSN Satellite Channel
MTV Satellite Channel
UP! News Satellite Channel National news

From Head-In Site Local time, news, community
messages, music, National weather
and weather from Dayton

Local Origination Municipal & Educational access.
Channel Tape Broadcasting Capability on
local origination channel to be
operational with basic service.

Live broadcasting capability available
two years from franchising date.

PAY CABLE PACKAGE OR MOVIE CHANNELS

HBO Satellite Channel Movies, sports & entertainment
Movie Channel Satellite Channel Movies 24 hours a day
Show time Satellite Channel Movies

Article V. Rates and Franchise Fees.

SECTION 14: Initial rates for Subscriber Service .

Basic installation fee $15.00
Initial installations shall have a
discount installation charge.

Converter deposit fee $25.00
(Refundable on return of converter
in working condition)

Relocation of cable, reconnects, or $ 5.00
installation of additional outlets

Monthly charge for basic package $ 8.95
for the first outlet

Monthly charge for basic package $ 2.50
for each additional outlet

Monthly charge for one movie channel $ 8.00

Monthly charge for two movie channels $14.00

Monthly charge for three movie channels $19.00

Hotel and motel installation fee Time and Material

Hotel and motel monthly fee $3.00 for each room
(Basic cable package)

Hotel and motel monthly fee $2.00 per room
(per each movie channel)

Schools (one outlet only) Free basic service

City Government (one outlet only) Free basic service

Hospital charge (each unit) $2.00 each

SECTION 15: Changes in rates for Basic Subscriber Service .

The Company may petition the Twin Valley ..Cable Committee, appointed by City
Council, for a change in rates by filing a revised rate schedule in the form of Attach-
ment A, including its justification(s) for said proposed new schedule. (Attachment A
attached hereto and made a part hereof). The Committee shall make a recommendation
to the City Council who shall, in turn, render a written decision within 90 days after
the Company's petition, either accepting, rejecting, or modifying the same and reciting
the basis of its decision.

SECTION 16: Franchise fee .

(a) As consideration for the franchise granted herein, the Company shall pay to
the City of Germantown an amount equal to 3% of the Cable Company's gross receipts
annually. In consideration of the newly formed Company, the City will waive 1% for the
first two years.

(b) It is the intent of the City to utilize franchise fees as necessary, to defray
the costs of local regulation of the Company, to support the development and operation
of a cablecasting facility for Governmental and educational purposes.

(c) Payments due under this provision shall be payable thirty (30) days after the
end of each calendar quarter. Each such payment shall be accompanied by a report,
certified by an officer of the Company, showing the basis for the computation thereof .

Article VI. Indemnification, Insurance, and Bonding.

SECTION 17: General indemnification .

The Company shall pay and, within thirty (30) days of the effective date of this
Ordinance, specifically agrees to pay all damages and penalties which the City or the
Council may legally be required to pay as a result of granting this franchise. These
damages or penalties shall include, but shall not be limited to, damages arising out
of the installation, operation, or maintenance of the System authorized by this franchise.
This indemnification provision shall not apply in the event that the City, its officers,
employees, and/or agents, or the Council, its employees, and/or agents take part in,
consent to, or otherwise are directly or indirectly responsible for the course of action
which gives rise to the injury, loss, damage, claims, suites, judgments, or other proceedings
or liability.

SECTION 18: Liability insurance.

The Company shall maintain and, within thirty (30) days of the effective date ,
0! date of this ordinance, .specifically agrees to maintain, throughout the term of this franchise, t
liability Insurance Insuring the City, the Council, and the Company with regard to all ::;'I'
damages and penalties: l

(a) $300,000 for bodily injury or death to anyone Person, within the limit of !
$500,000 for bodily injury or death resulting from anyone accident; and

(b) $100,000 for property damage resulting from anyone accident. 5

SECTION 19: Performance bond .

The Company must comply with either (a) or (b) below as follows:

(a) The Company shall maintain and, within thirty (30) days of the effective
date of this Ordinance, specifically agrees to maintain, throughout the term hereof,
a faithful performance bond running to the City, executed by a surety company
authorized to do business as surety in the State of Ohio, in the penal sum of up to
$25,000 to ensure that the Company shall well and truly observe, fulfill, and perform
each term and condition of this chapter, and that, in case of any breach of this
chapter, the amount of all damages and penalties proximately resulting from the
failure of the Company to well and faithfully observe and perform any provision of
this chapter shall be recoverable by the: City from said bond; or

(b) Within thirty (30) days after the effective date of this Ordinance, the
Company shall deposit in an interest-bearing escrow account, the sum of $12,000.00
in cash to secure the faithful performance of its obligation to commence and complete
construction of its Cable Television System.

SECTION 20: Proof of insurance and bonding.

Within thirty (30) days of the effective date of this Ordinance, the Company shall
furnish proof to the Council that a satisfactory insurance policy and performance bond
have been obtained. Said insurance policy and performance bond shall be approved by
the Council, and a copy of such insurance policy and performance bond along with
written evidence of payment of the required premiums, shall be filed and maintained
with the Council. Said insurance policy and bond shall specify that at least thirty (30)
days prior written notice shall be filed with the City of any intention not to renew,
to cancel, or to make a material change therein.

Article VII. Books, Records, and Reports.

SECTION 21: Books and records .

The Company's operations under all Parallel Ordinances shall be viewed as one
financial and reporting unit, and its books and records shall be kept in such a way as
to show the activities of this unit separate from any other activities of the Company.
The City shall have the right to inspect, at any time during normal business hours,
all books, records, maps, plans, income tax returns, financial statements, and other
like materials of the Company which relate to its operations hereunder, including expenses
attributed to th13 System by any parent corporation. However, the City shall treat all
information obtained from the Company with the same degree of confidentiality as
would be accorded similar information by the FCC.

SECTION 22: Reports .

(a) The Company shall file with the City true and accurate plant maps of the
System to be constructed hereunder and shall keep the same as current as practicable.

(b) The Company shall file with the City copies of all complaints, petitions,
or orders of the FCC, EEOC, or FAA, in which the Company is a named party and
the Company's response, thereto, if any, all within ten (10) days of the Company's
receipt or filing of the same.

(c) Upon reasonable notice, the Company shall appear at any meetings or public
hearings called by the City to review or evaluate the Company's activities or performance.

(d) All complaints, petitions, or orders received by the City, related to the
Company's activities hereunder shall b13 forwarded to the Company and answered by
it with a copy to the original addressee within ten (10) days of receipt.

SECTION 23: This measure shall take effect and be in force from and after the
earliest period allowed by law.

PASSED: July 12, 1982
A TTEST: APPROVED:
Clerk of Council Mayor
First Reading: June 28, 1982
Public Hearing: July 12, 1982

EXHIBIT B

ORDINANCE NO.84-18

AN ORDINANCE TO AMEND ORDINANCE NO.82-35, OTHERWISE KNOWN AS
THE CABLE TELEVISION FRANCHISE AGREEMENT .

WHEREAS, Twin Valley Cablevision, Inc., has petitioned to Council for changes in
rates for Basic Subscriber Service by filing a revised rate schedule pursuant
to Section 15 of Ordinance No.82-35, and

WHEREAS, Council I, in turn, has rendered a written decision modifying the revised
rate schedule and reciting the basis of its decision.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF GERMANTOWN,-STATE OF
OHIO) HEREBY ORDAINS THA T:

SECTION 1: Section 14 of Ordinance No.82-35 is hereby amended as follows:

"SECTION 14: [Initial] Rates for Subscriber Service.

Basic installation fee [$15.00] $20.00
Initial installations shall have a ~-
discount installation charge. '

Converter deposit fee [$25.00] $30.00
(Refundable on return of converter
in working condition)

Relocation of cable, reconnects, or [$ 5.00] $20.00
installation of additional outlets

Monthly charge for basic package [$ 8.95] -$10.00
for the first outlet

Monthly charge for basic package [$ 2.50] $ 3.50
for each additional outlet

[ Monthly charge for one movie channel] [$ 8.00]

[ Monthly charge for two movie channels] [ $ 14.00]

[ Monthly charge for three movie channels] [ $ 19.00]

[ Hotel and motel installation fee] [ Time and Material ]

[ Hotel and motel monthly fee] [$ 3.00 for each room]
[ (Basic cable package)]

[ Hotel and motel monthly fee] [ $ 2.00 per room]
[ (per each movie channel)]

Schools (one outlet only) Free basic service

City Government (one outlet only) Free basic service

[ Hospital charge (each unit)] [$2.00 each]

Late charge for delinquent payments ..$ 5.00

SECTION 2: This measure shall take effect and be in force from and after the earliest
period allowed by law.

PASSED: July 16, 1984

ATTEST: APPROVED:
Clerk of Council Mayor

First Reading June 18, 1984
Public Hearing July 16, 1984

EXHIBIT C

ORDINANCE NO.86-22

AN ORDINANCE TO AUTHORIZE TWIN VALLEY CABLEVISION, INC. TO
TRANSFER THE CABLE TELEVISION FRANCHISE GRANTED TO TWIN VALLEY
CABLEVISION, INC. PURSUANT TO ORDINANCE NO.82-35 TO CENTEL
CABLE TELEVISION COMPANY AND TO AUTHORIZE THE CITY MANAGER TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CAUSE SUCH TRANSFER
TO OCCUR, AND DECLARING AN EMERGENCY.

WHEREAS, the Council of the City of Germantown granted a cable
television franchise to Twin Valley Cablevision, Inc.
(hereafter -Twin Valley) pursuant to Ordinance No.82-35;
and

WHEREAS: Twin Valley desires to transfer such cable television
franchise to Centel Cable Television Company (hereafter
"Centel) and to assign its interest, rights, obligations
and responsibilities in said franchise to Centel,

NOW THEREFORE, THE Municipality OF GERMANTOWN, OHIO HEREBY
ORDAINS THAT :

SECTION I: Authorization is hereby'. granted to Twin Valley to
transfer the cable television franchise granted by the
Council to Twin Valley in Ordinance No.82-35 to Centel.
Any such transfer thereof shall be conditioned upon Centel
assuming all of the interests, rights, obligations and
responsibilities in the Franchise Agreement with Twin
Valley and to be bound thereby in the same manner and to
the same extent as Twin Valley. The City Manager is
authorized to execute any and all documents necessary to
cause such transfer to occur.

SECTION 2: This measure is hereby declared to be an emergency
measure necessary for the immediate preservation of the
public health, safety and welfare for the reason that
Council desires to cause the within described cable
television franchise to be transferred to Centel at the
earliest date; therefore, this measure shall take effect
and be in force from and after its passage.

PASSED:

ATTEST: APPROVED:
Clerk of Council Mayor
TABLED: 8-4-86

 
 
Advertisement
 
Do NOT follow this link or you will be banned from the site!
Welcome to the Miami Valley Communications Council - MVCC