Ordinance No. 1210 11-07-2005ORDINANCE NO. 1210 S
OFFICIAL TITLE AND SUMMARY
I. Title
An ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code to provide a
New Section 405A for the Purpose of Granting, Pursuant to Section 10 of the Fridley City
Charter, a Franchise to Time Warner Cable for the Purpose of Providing Cable Services Within
and for the City and its Residents
II. Summarv
The City Council of the City of Fridley does hereby ordain as follows:
That Chapter 405, Cable Franchise, is hereby deleted in its entirety and replaced with a Section
405A Most of the changes from the language being repealed are either minor corrections or of a
technical nature. In summary, Section 405A would eliminate a requirement of a local studio and
local origination programming; as a result of "bundling" of services, this would prevent Tim
Warner from using cable service as a loss-leader enticement to attract customers to its non-
franchise services; discounts offered to customers must be proportionately shared by all services
offered in the "bundled" package; and, the City agreed to return one PEG channel to Time
Warner, leaving it with three, but, in exchange, received 20 hours monthly of on-demand
capacity for accessing programs produced by the City.
III. Notice
This Title and Summary has been published to clearly inform the public of the intent and effect of
the City of Fridley's Zoning Ordinance. A copy of the ordinance, in its entirety, is available for
inspection by any person during regular business hours at the offices of the City Clerk of the City of
Fridley, 6431 University Avenue N.E., Fridley, MN 55432.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7Tx
DAY OF NOVENIBER 2005.
���
SCOTT J. L , MAYOR
ATTEST:
DEBRA A. SKOGEN, Y CLERK
Public Hearing: October 24, 2005
First Reading: October 24, 2005
Second Reading: November 7, 2005
Published: November 17, 2005
ORDINANCE NO. 1210
AN ORDINANCE OF THE CITY OF FRIDLEY, MINNESOTA, AMENDING THE
FRIDLEY CITY CODE TO PROVIDE A NEW SECTION 405A FOR THE PURPOSE
OF GRANTING, PURSUANT TO SECTION 10 OF THE FRIDLEY CITY CHARTER, A
FRANCHISE TO TIME WARNER CABLE, FOR THE PURPOSE OF PROVIDING
CABLE SERVICES WITHIN AND FOR THE CITY AND ITS RESIDENTS
The City of Fridley, Minnesota, through, and by action of its City Council, hereby
ORDAINS:
That Chapter 405 is hereby repealed.
That the City Code of the City of Fridley shall be amended to include a new Section 405A,
which shall provide as follows:
PREAMBLE
The City of Fridley does ordain that it is in the public interest to permit the use of public rights-
of-way and easements for the construction, maintenance and operation of a cable television
system under the terms of this Franchise; said public purpose being specifically the enhancement
of communications within the City, the expansion of communications opportunities outside the
City, and the provision of programming of a truly local interest.
405A.01. STATEMENT OF INTENT AND PURPOSE
1. Statement of Intent and Purpose.
The City intends, by the adoption of this Franchise Ordinance, to bring about the continued
development and operation of a non-exclusive cable television system. This continued
development can contribute significantly to the communications needs and desires of many
individuals, associations and institutions within the City, and to promote the health, safety and
welfare of its citizens.
This Ordinance complies with the Minnesota franchise standards set forth in Minn.
Stat. §238.084.
405A.02. SHORT TITLE
This ordinance shall be known and cited as the "City of Fridley Cable Television Franchise
Ordinance: Time Warner Cable". Within this document it shall also be referred to as "this
Franchise" or "the Franchise".
405A.03. DEFINITIONS
For the purpose of this Franchise, and to the extent not inconsistent with the definitions and
Ordinance No. 1210 Page 2
terms contained in 47 U.S.C. §522, the following terms, phrases, words and their derivations
shall have the meaning given herein. When not inconsistent with the conte�t, words used in the
present tense include the future, words in the plural number include the singular number and
words in the singular number include the plural number. The words "shall" and "will" are
mandatory and "may" is permissive. Words not defined shall be given their common and
ordinary meaning.
1. Basic Service. The service tier which includes the retransmission of local television
broadcast signals.
2. Cable Mile. A mile of cable bearing strand.
3. Cable Service. The one-way transmission to Subscribers of (i) video programming, (ii)
other programming service, and Subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service; or as Section 602(6) of the
Cable Act (47 U.S.C. §522(6)) may be amended by subsequent statute or regulation.
4. Channel. A portion of the electromagnetic spectrum or fiber optic capacity that is capable
of carrying one video signal, in either analog or digital form.
5. Class IV Channel. A signaling path provided by the System to transmit signals of any
type from a Subscriber terminal to another point in the System.
6. City. The City of Fridley, Minnesota, a municipal corporation in the State of Minnesota
or its delegations. The City Council is the authority of the City.
7. Complaint. Any verbal or written inquiry, allegation or assertion made by a Person which
requires subsequent corrective action to the System or any portion thereof, or raises an objection
to the programming or business practices of Grantee. The term "Complaint" does not include an
inquiry which is immediately answered by the Grantee.
8. Converter. An electronic device which converts signals to a frequency not susceptible to
interference within the television receiver of a Subscriber and by an appropriate channel selector
also permits a Subscriber to view all signals included in the Basic Service delivered at designated
converter dial locations.
9. Drop. The cable that connects the tap to the Subscriber's ground block.
10. FCC. The Federal Communications Commission or a designated representative.
11. Franchise Administrator. The City Manager of the City or the City Manager's designee
who shall be responsible for the continuing administration of the Franchise.
12. Fundamental Corporate Change. The sale or transfer or a majority of a corporation's
assets; merger, including a parent and its subsidiary corporation; consolidation; or creation of a
subsidiary corporation.
2
Ordinance No. 1210
Page 3
13. Grantee. Time Warner Cable Inc., its agents, employees, lawful successors, transferees or
assignees.
14. Gross Revenues. All cash, or other consideration derived directly or indirectly from the
operation of the System to provide Cable Services in the City by the Grantee, including, but not
limited to, Basic Service revenues, any other service tier revenues, including expanded Cable
Service revenues, home shopping revenues, viewership studies revenues resulting from the lease
of Channels and all other revenues of any kind received from the operation of the Cable System
to provide Cable Service. This definition is intended to be read to reach as broadly as possible to
encompass all revenues derived from Grantee's operation within Grantor's jurisdiction, subject
only to the limitations imposed by federal or state law.
Gross Revenues shall not include: 1) any amount collected by the Grantee from Subscribers for
PEG purposes (as hereinafter defined); 2) the revenues of any Person where such revenues have
been included in Grantee's revenues so as to preclude double imposition of franchise fees; 3) any
taxes on services furnished by Grantee which are imposed upon any Subscriber or user by the
state, City or other governmental unit and collected by Grantee on behalf of said governmental
unit (a franchise fee is not such a tax) or 4) bad debt.
This sum shall be the basis for computing the fee imposed pursuant to Fridley Cable Code,
Section 405A.10.
15. Installation. The act of connecting the System from the tap to the Subscriber's ground
block so that Cable Service may be received by the Subscriber.
16. Normal Business Hours. Those hours during which most similar businesses in the City
are open to serve customers. In all cases, "Normal Business Hours" must include some evening
hours, at least one night per week and/or some weekend hours.
17. Normal Operating Conditions. Those service conditions which are within the control of
Grantee. Those conditions which are not within the control of Grantee include, but are not
limited to, natural disasters, civil disturbances, power outages, telephone network outages, and
severe or unusual weather conditions. Those conditions which are ordinarily within the control
of Grantee include, but are not limited to, special promotions, pay-per-view events, rate
increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System.
18. Pay Television. The delivery over the System of per-Channel or per-program audio-
visual signals to Subscribers for a fee or charge, in addition to the charge for Basic Service.
19. Person. Any corporation, partnership, proprietorship, limited liability entity, individual
or organization authorized to do business in the State of Minnesota, or any natural Person.
20. Public Property. Any real property owned by any governmental unit other than a Street.
21. Residential Unit. Any building, structure or portion thereof which is occupied as, or
designed or intended for occupancy as a residence by one or more individuals. The term
3
Ordinance No. 1210 Page 4
Residential Unit is not limited to units occupied by persons as their usual place of residence and
includes units rented periodically or used only as seasonal homes.
22. Service Interruption. The loss of picture or sound on one or more cable channels.
23. Street. The surface of and the space above and below any public Street, public road,
public highway, public freeway, public lane, public path, public way, public alley, public court,
public sidewalk, public boulevard, public parkway, public drive or any public easement or right-
of-way now or hereafter held by the City over poles, wires, cables, conductors, ducts, conduits,
vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily
necessary and pertinent to a System.
24. Subscriber. Any Person or entity that lawfully receives a Cable Service provided by
Grantee by means of or in connection with the System whether or not a fee is paid for such Cable
Service.
25. System. Grantee's facility, consisting of a set of closed transmission paths and associated
signal generation, reception and control equipment that is designed to provide Cable Service
which includes video programming and which is provided to multiple Subscribers within the
City, but such term does not include (A) a facility that serves only to retransmit the television
signals of one (1) or more television broadcast stations; (B) a facility that serves Subscribers or
facilities without using any public right-of-way, (C) a facility of a common carrier which is
subject, in whole or in part, to the provisions of Title II of the Cable Communications Policy Act
of 1984, except that such facility shall be considered a System to the e�tent such facility is used
in the transmission of video programming directly to Subscribers; (D) any facilities of any
electric utility used solely for operating its electric utility systems; or (E) an open video system
that complies with Section 653 of the Communications Act of 1934.
26. Tapping. Monitoring communications signals, where the monitor is not an authorized
monitor of the communications, whether the communications is monitored by visual or
electronic means, for any purpose whatsoever.
27. Two-way System. A System that can pass video, voice, and/or data signals in both
directions simultaneously.
405A.04. GRANT OF AUTHORITY AND GENERAL PROVISIONS
1. Grant of Franchise.
This Franchise is granted pursuant to the terms and conditions contained herein. Such terms and
conditions shall be subordinate to all applicable provisions of state and federal laws, rules and
regulations.
2. Criteria of Selection.
The Grantee's technical ability, financial condition and legal qualifications were considered and
0
Ordinance No. 1210 Page 5
approved by the City in full public proceedings and affording reasonable notice and a reasonable
opportunity to be heard.
Authority for Use of Streets.
A. For the purpose of operating and maintaining a System in the City, Grantee may
erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under,
upon, across and along the Streets within the City such lines, cables, conductors, ducts,
conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other
property and equipment as are necessary and appurtenant to the operation of the System,
provided that all applicable permits are applied for and granted, all fees paid and all other
City codes and ordinances are otherwise complied with.
B. Grantee shall construct and maintain the System so as not to interfere with other
uses of Streets. Grantee shall make use of existing poles and other facilities available to
Grantee, provided Grantee is able to obtain access to such facilities on reasonable terms
and conditions. Grantee shall notify all residents affected by proposed underground work
prior to commencement of that work Such notice shall include a contact and contact
phone number of a responsible employee of Grantee.
C. Notwithstanding the above grant to use the Streets, no Street shall be used by
Grantee if the City, in its sole opinion, determines that such use is inconsistent with the
terms, conditions or provisions by which such Street was created or dedicated, or
presently used.
4. Franchise Term.
This Franchise shall commence upon acceptance by Grantee as defined herein and shall expire
fifteen (15) years from such date unless renewed, revoked or terminated sooner as herein
provided.
5. Area Covered.
This Franchise is granted for the territorial boundary of the City. In the event of annexation by
the City, any new territory shall become part of the area covered.
6. Police Powers.
Grantee's rights are subject to the police powers of the City to adopt and enforce ordinances
necessary to the health, safety and welfare of the public. Grantee shall comply with all generally
applicable laws and ordinances enacted by the City pursuant to that power not in conflict with
this Franchise; provided, however, that any subsequently adopted ordinance not materially
conflict with this Franchise.
Ordinance No. 1210
7. Use of Grantee Facilities.
Page 6
The City shall have the right to install and maintain, on negotiated terms and conditions, upon
the poles and within the underground pipes and conduits of Grantee, any wires and fi�tures
desired by the City to the e�tent that such installation and maintenance does not interfere with
existing and future operations of Grantee. The City shall indemnify, defend and hold the
Grantee harmless from any action arising out of the City's use of such facilities.
8. Written Notice.
All notices, reports or demands required to be given in writing under this Franchise shall be
deemed to be given when delivered personally to the person designated below, or when five (5)
days have elapsed after it is deposited in the United States mail in a sealed envelope, with
registered or certified mail postage prepaid thereon, or on the ne�t addressed business day if sent
by express mail or overnight air courier addressed to the party to which notice is being given, as
follows:
If to City: City of Fridley
6431 University Avenue NE
Fridley, Minnesota 55432
Attn: Cable Television Franchise Administrator
If to Grantee: Time Warner Cable
9705 Data Park
Minnetonka, Minnesota 55343
Attn: Division President
With a copy to: Time Warner Cable
9705 Data Park
Minnetonka, Minnesota 55343
Attn: V.P. of Public Affairs
Such addresses may be changed by either party upon notice to the other party given as provided
in this section.
9. Franchise Non-Exclusive.
The Franchise granted herein is non-exclusive. The City specifically reserves the right to grant,
at any time, additional franchises for a System in accordance with state and federal law. Any
subsequent cable television franchise granted to a cable operator for the construction of a System
to provide Cable Services shall not, when considered as a whole, be on terms or conditions, more
favorable or less burdensome than those contained herein.
�
Ordinance No. 1210 Page 7
10. Compliance with Laws.
This Franchise complies with the Minnesota franchise standards contained in Minnesota Statutes
238. The City and the Grantee shall conform to Minnesota laws promulgated subsequent to the
date of this franchise within one year after any such laws become effective. The City and the
Grantee shall conform to federal laws and regulations as they become effective, including
47CFR Parts 11, 21, 63 and 76 regarding emergency alert system requirements.
405A.05. DESIGN PROVISIONS
1. System Design.
Grantee shall operate and maintain the System to a minimum of 750 MHz.
2. Two-Way System.
The City and Grantee will continue to review, during the term of this Franchise, the need for a
Two-way System.
3 . Interconnection.
The System shall be designed to be interconnected with other Systems. The standard VHF
Channel 6 shall be designated for usage as a regional Channel, so long as required by state law.
The City may request Grantee to negotiate interconnecting the System with other adjacent
System(s) in Minneapolis/St. Paul metropolitan area. Grantee shall use reasonable efforts to
negotiate such interconnection and keep the City informed of the progress of any negotiations.
4. Initial Service Area.
A. Residential Units in areas with an average density of at least forty (40) units per
Cable Mile or its equivalent, as measured from the nearest point of usable trunk, shall be
provided Cable Service upon payment of the standard Installation charges and applicable
monthly fees.
B. In areas with an average density of less than forty (40) Residential Units per
Cable Mile the requesting party(s) shall bear a pro rata share of the total cost of time and
materials for distribution plant up to the tap. Residents who subscribe thereafter shall be
charged a pro rata share from the new location of plant in addition to the standard
installation rate until the (40) Residential Units per mile is reached.
C. The cost of any Installation exceeding one hundred and twenty-five (125) feet
shall be borne by the requesting party in advance.
5. Provision of Service.
After service has been established by activating trunk and distribution cable for any area,
7
Ordinance No. 1210
Page 8
Grantee shall provide service to any requesting Subscriber within that area thirty (30) days from
the date of request.
6. Technical Standards.
The System shall be designed, constructed and operated so as to meet those technical standards
set forth by the FCC.
7
:
Special Testing.
A. At any time after commencement of Cable Service to Subscribers, the City may
require or may retain an independent engineer or other qualified person or entity to
perform additional tests, full or partial repeat tests, different test procedures, or tests
involving a specific Subscriber's Drop. Such additional tests will be made on the basis of
Complaints received or other evidence indicating an unresolved controversy or
significant noncompliance, and such tests will be limited to the particular matter in
controversy.
B. The City shall endeavor to so arrange its requests for such special tests so as to
minimize hardship or inconvenience to Grantee or to the Subscriber.
C. If such special testing establishes that the System meets all required FCC
technical standards, the City shall bear the expense for such special testing.
D. If such special testing establishes that the System does not meet all required FCC
technical standards, Grantee shall bear the expense for such special testing.
Signal Quality.
The System shall produce a picture in black and white or color, depending upon whether color is
being cablecast, that is undistorted and free from ghost images, and without degradation of color
fidelity. The System shall produce a sound that is undistorted and consistent to the original
source on an audio receiver of average quality.
405A.06. SERVICE PROVISIONS
1. Programming.
Grantee shall initially provide programming consisting of the following broad categories of
programming:
News
Music
Childrens
Arts
:
Public Affairs
Religious
Consumer
Weather
Ordinance No. 1210
2. Programming Decisions.
Page 9
All programming decisions shall be at the sole discretion of Grantee; provided, however, any
change to the mix, quality or level of programming shall require the prior approval of the City.
Any such approval by the City shall not be unreasonably withheld.
3. Emergency Alert System.
Grantee shall comply with FCC EAS (Emergency Alert System) requirements.
4. Access Channels.
A. Grantee shall provide to each of its Subscribers who receive some or all of the
services offered on the System reception on at least one (1) specially designated,
noncommercial public access Channel available for use by Fridley residents and
organizations on a first-come, first-served nondiscriminatory basis; at least one (1)
specially designated access Channel for use by local educational authorities; and at least
one (1) specially designated government access channel; and video-on-demand access for
use by the City and other public bodies. The access Channels shall be carried in a
manner so that they can be received by a standard cable-ready television with purchase or
rental of a converter. The VHF spectrum shall be used for one (1) of these specially
designated PEG Channels. No charges may be made for Channel time or playback of
prerecorded programming on the specially designated, noncommercial access Channels
required herein. The video-on-demand (VOD) access to be provided herein shall be
available for a minimum of twenty (20) hours per month and, in addition to City-
provided content, may include school programming. The City will be solely responsible
for determining programming priority and will be responsible for providing Franchisee
with good quality masters in a format determined through mutual agreement, accurately
timed, and with accurate bars and tone. A presentation form (stating program
information, the City's acceptance of responsibility for content, "kill" dates, if applicable,
and other matters) and content delivery method will be determined through mutual
agreement.
B. Whenever the specially designated, noncommercial public access channel, the
specially designated education access channel, or the specially designated local
government access channel required in paragraph A above is in use during eighty percent
(80%) of the weekdays, Monday to Friday, for eighty percent (80%) of the time during
any consecutive three (3) hour period for six (6) weeks running, and if there is demand
for use of an additional channel for the same purpose, Grantee shall have six (6) months
in which to provide a new specially designated access channel for the same purpose.
C. The City shall establish rules pertaining to the administration of the specially
designated, noncommercial public access channel.
D. In the event Grantee offers Subscribers the option of receiving programs on one
or more special service channels without also receiving the regular Subscriber services,
�
Ordinance No. 1210
Page 10
Grantee may comply with the requirements of this Section by providing the Subscribers
who receive the special service only, at least one (1) specially designated composite
access channel composed of the programming on the specially designated,
noncommercial public access channel, the specially designated education access channel,
and the specially designated government access channel required in this section.
E. In the event Grantee provides only alarm services or only data transmission
services for computer-operated functions, Grantee need not provide access Channel
reception to alarm or data only service Subscribers.
F. Grantee shall also provide and maintain a cable connection between the Fridley
Municipal Center and the headend that will meet the standards defined in Exhibit A.
G. Grantee shall also provide and maintain a cable connection between Fridley High
School and the headend that will meet the standards defined in Exhibit A.
H. Grantee shall provide, and thereafter maintain, all necessary headend equipment
to permit cable transmission from the City's facilities in (F) and (G) above.
5. Access Equipment and Facilities.
The City shall operate and maintain equipment as may be required to operate the noncommercial
public access channel. The City may contract this obligation, in its discretion, to outside parties
if, in the City's judgement, doing so would be economically feasible and prudent.
6. Institutional Network.
A. Grantee shall continue to maintain an Institutional Network with the features
described by and on the terms and conditions as may be subsequently set forth by the
parties. If provision of this Institutional Network can be shown to be more economical,
based upon actual expected usage and need, for all of the parties by utilizing existing
System resources, including services offered to private commercial users by Grantee, the
parties may agree to provide the equivalent services by those means.
B. Grantee will provide coaxial cable or otherwise suitable hookups for data
transmissions between the Fridley Municipal Center and both the City Garage and the
Commons Park Water Filtration Plant within one (1) year of the City's approval of this
franchise.
C. Grantee shall maintain at its expense, the Institutional Network as currently used.
The user(s) shall be responsible for any and all user premise equipment. Grantee shall be
under no obligation to purchase any additional headend equipment other than specified in
the preceding sentence; provided, however, nothing contained herein shall prevent or
restrict a user from purchasing, after consultation with Grantee, additional headend
equipment. Grantee shall thereafter maintain any equipment so purchased by a user and
Grantee may charge the user for Grantee's actual cost of maintenance. The Institutional
10
Ordinance No. 1210
Network shall be used solely for the user's internal communications purposes.
Page 11
D. The user of any Channel(s) on the institutional network shall be responsible for
purchasing and maintaining any equipment necessary at the user's site. Grantee shall
consult and cooperate with the user in order that compatible equipment will be purchased.
E. The City and Grantee shall develop jointly an allocation of Channels on the
institutional network including the terms and conditions for the use of any Channels.
F. Notwithstanding anything to the contrary, Grantee shall be responsible for
repairing, replacing and maintaining any equipment damaged by Grantee.
405A.07. CONSTRUCTION PROVISIONS
1. Construction Standards.
A. All construction practices shall be in accordance with all applicable sections of
the Occupational Safety and Health Act of 1970 and any amendments thereto as well as
all state and generally applicable local codes.
B. All installation of electronic equipment shall be of a permanent nature, durable
and installed in accordance with the provisions of the National Electrical and Safety Code
and National Electrical Code as amended.
C. Antennas and their supporting structures (tower) shall be painted, lighted, erected
and maintained in accordance with all applicable rules and regulations of the Federal
Aviation Administration and all other applicable state or local codes and regulations.
D. All of Grantee's plant and equipment, including but not limited to the antenna site,
headend and distribution system, towers, house connections, structures, poles, wire,
cable, coaxial cable, fi�ures and appurtenances shall be (1) installed, located, erected,
constructed, reconstructed, replaced, removed, repaired, maintained and operated in
accordance with good engineering practices; and (2) all such work must be performed by
experienced maintenance and construction personnel so as not (a) to endanger or interfere
with improvements the City may deem appropriate to make, (b) to interfere in any
manner with the rights of any property owner, or (c) to unnecessarily hinder or obstruct
pedestrian or vehicular traffic.
E. Grantee shall at all times employ ordinary care and shall install and maintain in
use commonly accepted methods and devices preventing failures and accidents which are
likely to cause damage, injury or nuisance to the public.
2. Construction Codes and Permits.
A. Grantee shall obtain all required permits from the City before commencing any
work requiring a permit, including the opening or disturbance of any Street, or public
11
Ordinance No. 1210
3
property or public easement within the City.
and zoning codes currently or hereafter
maintenance of the System in the City.
Page 12
Grantee shall strictly adhere to all building
applicable to construction, operation or
B. The City shall have the right to inspect all construction or installation work
performed pursuant to the provisions of this Franchise and to make such tests as it shall
find necessary to ensure compliance with the terms of the Franchise and applicable
provisions of local, state and federal law.
C. Nothing contained in this Franchise, shall be construed to give Grantee the
authority to enter upon or work on private property in areas not encumbered with public
easements without the permission of the property owner.
Repair of Streets and Property.
Any and all Streets or public property, or private property which are disturbed or damaged
during the construction, repair, replacement, relocation, operation, maintenance or reconstruction
of the System shall be promptly repaired by Grantee, at its expense to a condition as good as that
prevailing prior to Grantee's construction.
4. Use of Existing Poles.
Grantee shall not erect, for any reason, any pole on or along any Street in an existing aerial utility
system without the prior written approval of the City. Such approval shall not be unreasonably
withheld. Grantee shall exercise commercially reasonable efforts to negotiate the lease of pole
space and facilities from the existing pole owners for all aerial construction.
5. Undergrounding of Cable.
Cable shall be installed underground at Grantee's expense where both the existing telephone and
electrical utilities are already underground. Previously installed aerial cable shall be placed
underground when both the telephone and electrical utilities convert from aerial to underground
construction. Grantee shall place cable underground in newly platted areas in concert with both
the telephone and electrical utilities, unless this requirement is waived by the City. In the event
that telephone or electric utilities are reimbursed by the City or any agency thereof for the
placement of cable underground or the movement of cable, Grantee shall be reimbursed upon the
same terms and conditions as the telephone or electric utilities.
6. Reservation of Street Rights.
A. Nothing in this Franchise shall be construed to prevent the City from constructing,
maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing,
relocating and/or altering any Street; constructing, laying down, repairing, maintaining or
relocating any water mains; or constructing, maintaining, relocating, or repairing any
sidewalk or other public work.
12
Ordinance No. 1210
Page 13
B. All such work shall be done, insofar as practicable, in such a manner as not to
obstruct, injure or prevent the free use and operation of the poles, wires, conduits,
conductors, pipes or appurtenances of Grantee.
C. If any such property of Grantee shall interfere with the construction or relocation,
maintenance or repair of any Street or public improvement, whether it be construction,
repair, maintenance, removal or relocation of a sewer, public sidewalk, or water main,
Street or any other public improvement, thirty (30) days notice shall be given to Grantee
by the City and all such poles, wires, conduits or other appliances and facilities shall be
removed or replaced by Grantee in such manner as shall be directed by the City so that
the same shall not interfere with the said public work of the City, as reasonably
determined by the City, and such removal or replacement shall be at the expense of
Grantee herein; provided, however, if another Person is reimbursed by the City for its
costs associated with relocation of facilities, Grantee shall be similarly reimbursed.
D. Nothing contained in this Franchise shall relieve any Person from liability arising
out of the failure to exercise reasonable care to avoid injuring Grantee's facilities while
performing any work connected with grading, regrading, or changing the line of any
street or public place or with the construction or reconstruction of any sewer or water
system.
7. Trimming of Trees.
Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and
public places of the City so as to prevent the branches of such trees from coming in contact with
the System; provided, however, all trimming shall be done under the supervision and direction of
the City, if requested by the City, and at the expense of Grantee.
8. Street Vacation or Abandonment.
In the event (a) any Street or portion thereof used by Grantee shall be vacated by the City or (b)
the use thereof discontinued by Grantee, during the term of this Franchise, Grantee shall, at
Grantee's expense, forthwith remove its facilities therefrom unless specifically permitted by the
City to continue the same, and on the removal thereof restore, repair or reconstruct the Street
area where such removal has occurred, and place the Street area where such removal has
occurred to a condition similar to that existing before such removal took place. In the event of
failure, neglect or refusal of Grantee, after thirty (30) days notice by the City to remove the
facilities or to repair, restore, reconstruct, improve or maintain such Street portion, the City may
do such work or cause it to be done, and the reasonable cost thereof as found and declared by the
City shall be paid by Grantee as directed by the City and collection may be made by any
available remedy.
9. Movement of Facilities.
In the event it is necessary temporarily to move or remove any of Grantee's wires, cables, poles,
or other facilities placed pursuant to this Franchise, in order to lawfully to move a large object,
13
Ordinance No. 1210 Page 14
vehicle, building or other structure over the Streets of the City, upon two (2) weeks notice by the
City to Grantee, Grantee shall move at the expense of the Person requesting the temporary
removal such of his facilities as may be required to facilitate such movements. If another Person
is reimbursed by the City for its costs associated with relocation of facilities, Grantee shall be
similarly reimbursed. Any service disruption provisions of this Franchise shall not apply in the
event that the removal of Grantee's wires, cables, poles or other facilities, results in temporary
service disruptions.
405A.08. OPERATION AND MAINTENANCE
1. Open Books and Records.
The City, shall have the right to inspect, upon thirty-six (36) hours prior written notice, at any
time during normal business hours all books, records, maps, plans, financial statements, any log
of complaints received from the City, performance test results, record of requests for service and
other like materials of Grantee which are reasonably necessary to monitor compliance with the
terms of this Franchise.
2. Communications with Regulatory Agencies.
Copies of all petitions, applications, communications and reports submitted by Grantee or on
behalf of or relating to Grantee to the FCC, Securities and Exchange Commission or any other
federal or state regulatory commission or agency having jurisdiction in respect to any matters
directly affecting the System authorized pursuant to this Franchise shall also be submitted to the
City upon request. Copies of responses from the regulatory agencies to Grantee shall likewise be
furnished to the City upon request.
3. Additional Reports.
Grantee shall prepare and furnish to the City, at the times requested by the City, such additional
reports with respect to its operation, affairs, transactions or property, which are, in the judgement
of the City, reasonably necessary to monitor the Grantee's compliance with the terms of this
Franchise.
4. Maps.
Grantee shall provide the City with a current location map, in a usable electronic format
determined by the City, showing the line routes of the System and the location of equipment
installed or in place in streets and other public places. To the e�tent those as-built maps could
contain information that is proprietary, or contains trade secrets or other information which could
provide to a competitor unfair advantage, those as-built maps will be designated as not-public or
private data to the e�tent that classification is authorized under Minnesota law.
5. Audit.
The City and their agents and representatives shall have the authority, during normal business
14
Ordinance No. 1210
Page 15
hours, to arrange for and conduct an inspection of the books and records of Grantee and its
equipment when necessary to ascertain the Grantee's compliance with this Franchise. Grantee
shall first be given no fewer than three (3) business days notice of the inspection request, the
description of and purpose for the inspection and description, to the best of the City's ability, of
the books, records, documents and equipment it wants to inspect.
6. Periodic Evaluation and Renegotiation Sessions.
The field of cable communications is a relatively new and rapidly changing one which may see
many regulatory, technical, financial, marketing and legal changes during the term of this
Franchise. Therefore, in order to provide for a maximum degree of flexibility in this Franchise,
and to help achieve a continued advanced and modern System, the following evaluation
provisions will apply:
A. The City reserves the right to adopt rules and regulations controlling the
procedures as set forth below and the subjects for Evaluation and Renegotiation Sessions.
In the absence of any City action taken to exercise these rights, Grantee shall be subject
to at least the procedures and subjects described in this section.
B. The City may require, at its sole discretion, evaluation sessions at any time during
the term of this Franchise; provided, however, there shall not be more than one evaluation
session during any calendar year. At a minimum, such evaluation sessions shall be
conducted by the City within thirty (30) days of the fifth (Sth) and tenth (lOth)
anniversary dates of the acceptance of this Franchise.
C. Topics which may be discussed at any evaluation and session include, but are not
limited to, channel capacity, the System performance, programming, access, municipal
uses of cable, Subscriber complaints, judicial rulings, FCC rulings and any other topics
the City or Grantee deem relevant.
D. During an evaluation session, Grantee shall fully cooperate with the City and shall
provide without cost such information and documents as the City may request to perform
the evaluation.
E. If at any time during its evaluation, the City determines that reasonable evidence
exists of inadequate System performance, the City may require Grantee to perform tests
and analysis directed toward such suspected inadequacies at Grantee's expense. Grantee
shall fully cooperate with the City in performing such testing and any report prepared by
Grantee shall include at least:
(1) A description of the problem in the System performance which
precipitated the special tests.
(2) The System component tested.
(3) The equipment used and procedures employed in testing.
(4) The method, if any, by which such System performance problem was
resolved.
15
Ordinance No. 1210
Page 16
(5) Any other information pertinent to said tests and analysis which may be
required by the City, or determined when the test is performed.
If after receiving Grantee's report the City determines that reasonable evidence still exists
of inadequate System performance, the City may enlist an independent engineer, to
perform tests and analysis directed toward such suspected inadequacies. The expense of
such testing shall be subject to those provisions set forth at 405A.05(7) hereof.
F. As a result of an Evaluation and Renegotiation Session, the City or Grantee may
determine that a change in the terms of the Franchise may be required, that the System or
Franchise requirements should be updated, changed or that additional services should be
provided. If the change is consistent with the terms of this Franchise, the needs of the
City and existing state-of-the-art (or due to regulatory, technical, financial, marketing,
inflation or legal requirements) and implementation of a change would not unreasonably
add to the cost of providing Cable Services, Grantee and the City will, in good faith,
negotiate the terms of the change and any required amendment to this Franchise. Upon
adoption of such a Franchise amendment, if one is required, the change will become
effective and Grantee shall accept the same. In the event Grantee fails to negotiate a
requested change of the City, the City may enforce the procedures of this section by any
available remedy.
405A.09. CONSUMER PROTECTION PROVISIONS
Approval of Basic Service Rate Changes.
The initial rates and charges for Basic Service and Pay Television are set forth in Exhibit B. The
City reserves the right to regulate rates for Basic Service and such other rates as the City may be
authorized to regulate, to the e�tent provided by federal or state law, through approval or
disapproval of a rate revision request after affording Grantee due process. Grantee shall maintain
on file with the City at all times a current schedule of all regular rates and charges. Special or
promotional rates offered for any period of less than three months shall not need to be filed with
the City.
2. Non-Regulated Rates.
Prior to implementing any rate increase for Basic Service not requiring the City approval,
Grantee shall give the following notice:
A. At least thirty (30) days advance written notice to the City; and
B. At least thirty (30) days advance written notice to Subscribers of Basic Service.
Charges for Disconnection or powngrading of Service.
A. Grantee may impose a charge reasonably related to the cost incurred for a
16
Ordinance No. 1210
Page 17
downgrade of service, except that no such charge may be imposed when:
(1) A Subscriber requests total disconnection from the System; or
(2) A Subscriber requests the downgrade within a thirty (30) day period
following any rate increase relative to the service in question.
B. If a Subscriber requests disconnection from service prior to the effective date of
an increase in rates, the Subscriber shall not be charged the increased rate if Grantee fails
to disconnect service prior to the effective date. Any Subscriber who has paid in advance
for the ne�t billing period and who requests disconnection from service shall receive a
prorated refund of any amounts paid in advance.
4. Subscriber Complaint Practices.
A. Grantee shall maintain at least one handicapped-accessible site located within ten
(10) miles of Fridley which shall be open during all normal business hours for the
purpose of allowing subscribers to pay bills and return equipment. Grantee shall have a
publicly listed toll- free telephone number available for receiving subscriber complaints
and requests on a twenty-four (24) hours-a-day, seven (7) days-a-week basis. By mutual
agreement of the City and the Grantee, these terms may be amended in writing without
amending this ordinance so long as changes made are in keeping with the need to provide
adequate customer service to Grantee's subscribers.
B. Grantee shall render efficient service, make repairs promptly and 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 of
the System. A written log available for City inspection shall be maintained for all service
interruptions.
5. Customer Service Standards.
A. The Grantee shall be subject to the following customer service standards:
(1) Cable system office hours and telephone availability:
a) The Grantee will maintain a local, toll-free or collect call telephone
access line which will be available to its subscribers 24 hours a
day, seven days a week.
b) Trained Grantee representatives will be available to respond to
customer telephone inquiries during Normal Business Hours.
c) After Normal Business Hours, the access line may be answered by
a service or an automated response system, including an answering
machine. Inquiries received after normal business hours must be
17
Ordinance No. 1210
Page 18
responded to by a trained Grantee representative on the ne�t
business day.
d) Under Normal Operating Conditions, telephone answer time by a
customer representative, including wait time, shall not exceed
thirty (30) seconds when the connection is made. If the call needs
to be transferred, transfer time shall not exceed thirty (30) seconds.
These standards shall be met no less than ninety (90) percent of the
time under Normal Operating Conditions, measured on a quarterly
basis.
e) The Grantee will not be required to acquire equipment or perform
surveys to measure compliance with the telephone answering
standards above unless an historical record of complaints indicates
a clear failure to comply.
� Under Normal Operating conditions, the customer will receive a
busy signal less than three (3) percent of the time.
g) Customer service center and bill payment locations will be open at
least during Normal Business Hours and will be conveniently
located.
(2) Installations, outages and service calls. Under Normal Operating
Conditions, each of the following four standards will be met no less than
ninety five (95) percent of the time measured on a quarterly basis:
a) Standard installations will be performed within seven (7) business
days after an order has been placed. "Standard" installations are
those that are located up to 125 feet from the existing distribution
system.
b) Excluding conditions beyond the control of the Grantee, the
Grantee will begin working on "Service Interruptions" promptly
and in no event later than 24 hours after the interruption becomes
known. The Grantee must begin actions to correct other service
problems the ne�t business day after notification of the service
problem.
c) The "appointment window" alternatives for installations, service
calls, and other installation activities will be either a specific time
or, at maximum, a four-hour time block during Normal Business
Hours. The Grantee may schedule service calls and other
installation activities outside of Normal Business Hours for the
express convenience of the customer.
:
Ordinance No. 1210
Page 19
d) The Grantee may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled
appointment.
e) If a Grantee representative is running late for an appointment with
a customer and will not be able to keep the appointment as
scheduled, the customer will be contacted. The appointment will
be rescheduled, as necessary, at a time which is convenient for the
customer.
B. Communications between the Grantee and Subscribers.
(1) Notifications to Subscribers.
a) The Grantee shall provide written information on each of the
following areas at the time of installation of service, at least
annually to all Subscribers, and at any time upon request:
b) Products and services offered;
c) Prices and options for programming services and conditions of
subscription to programming and other services;
d) Installation and service maintenance policies;
e) Instructions on how to use the cable service;
� Channel positions of programming carried on the Cable System;
and,
g) Billing and complaint procedures, including the address and
telephone number of the City's office.
h) Subscribers will be notified of any changes in rates, programming
services or channel positions as soon as possible in writing. Notice
must be given to Subscribers a minimum of thirty (30) days in
advance of such changes if the change is within the control of the
Grantee. In addition, the Grantee shall notify Subscribers thirty
(30) days in advance of any significant changes in the other
information required by paragraph B(1)(a) of this section.
Notwithstanding anything in this Section to the contrary, the
Grantee shall not be required to provide prior notice of any rate
change that is the result of a regulatory fee, franchise fee, or any
other fee, tax, assessment, or charge of any kind imposed by any
Federal agency, State, or the City on the transaction between the
Grantee and the Subscriber.
19
Ordinance No. 1210
C. Billing.
Page 20
(1) Bills will be clear, concise and understandable. Bills must be fully
itemized, with itemizations including, but not limited to, basic and
premium service charges and equipment charges. Bills will also clearly
delineate all activity during the billing period, including optional charges,
rebates and credits.
(2) In case of a billing dispute, the Grantee must respond to a written
complaint from a Subscriber within thirty (30) days.
D. Refunds.
Refund checks will be issued promptly, but no later than either-
(1) The customer's ne�t billing cycle following resolution of the request or
thirty (30) days, whichever is earlier, or
(2) The return of the equipment supplied by the Grantee if service is
terminated.
E. Credits.
Credits for service will be issued no later than the customer's ne�t billing cycle following
the determination that a credit is warranted.
405A.10. GENERAL FINANCIAL AND INSURANCE PROVISIONS
1. Payment to City.
A. Grantee shall pay to the City an annual amount equal to five percent (5%) of its
Gross Revenues. The foregoing payment shall be compensation for use of Streets and
other public property.
B. Payments due the City under this provision shall be computed at the end of each
quarter year for that quarter year. Payments shall be due and payable for each quarter or
a portion of a quarter year within thirty (30) days thereof. Each payment shall be
accompanied by a brief report showing the basis for the computation and such other
relevant facts as may be required by the City.
C. No acceptance of any payment shall be construed as an accord that the amount
paid is in fact the correct amount, nor shall such acceptance of payment be construed as a
release of any claim the City may have for further or additional sums payable under the
provisions of this Franchise. All amounts paid shall be subject to audit and
recomputation by the City.
20
Ordinance No. 1210
Page 21
D. The Grantee shall provide the City with an annual written statement of the Gross
Revenues for the preceding year, certified by an officer of the Grantee. This statement
shall be used to determine the exact amount of payments due the City and to correct any
overpayments or underpayments by Grantee.
E. In the event any payment is not made on the due date, interest on the amount due
shall accrue from such date at the annual rate of one hundred twenty five percent (125%)
of the lowest prime commercial lending rate established by any bank in the City at the
time the delinquency occurs.
F. For purposes of determining gross revenues under Section 405A.10.1A from any
subscriber who has been provided "bundled services," including telephony, internet
connection services, cable television services and other services that Grantee may
provide, Grantee, subject to applicable state or federal law, shall not discount the cable
television portion of gross revenues from these "bundled services" at a higher rate than it
uses for any of the other services included in the subscriber's bundle.
G. Equipment Grant. Upon adoption of this Franchise, Grantee shall immediately
pay to the City the amount of $450,000.00 (four hundred fifty thousand dollars) which
shall be used by the City solely and exclusively for the purpose of maintenance of
equipment, leasing and purchase of equipment for PEG access purposes. "Equipment"
shall include projection equipment, monitors, screens and all cable television equipment
necessary to produce, edit and broadcast City Council and other public meetings.
H. The City shall segregate the equipment grant into a separate fund. The equipment
grant may only be used for those purposes outlined in paragraph (G) above. The City
shall take reasonable steps to insure that the City's annual audit will include a review for
compliance with the requirements associated with the equipment grant.
I. The Franchisee shall have the right to obtain a copy of the City's annual
independent audit of fund accounts to verify that any monies expended under this grant in
any given year were for the purposes stated herein. The Franchisee may at any time and
its own expense, conduct its own independent audit of City accounts to verify that any
funds spent by the City from this grant were spent for the intended purposes as stated
herein. Any equipment purchased by the City with equipment grant money remains the
exclusive property of the City.
J. In the event that the equipment grant is used for purposes inconsistent with
paragraph (G) above, the Franchisee may pursue any and all available remedies.
2. Performance Bond.
A. At the time this Franchise is accepted, Grantee shall deliver to the City a
performance bond in the amount of Twenty-Five Thousand ($25,000.00) dollars as a
common security for the faithful performance by it of all the provisions of this Franchise
and compliance with all orders, permits and directions the City and the payment by
21
Ordinance No. 1210
Page 22
Grantee of any claim, liens and taxes due the City which arise by reason of the
construction, operation or maintenance of the System. The bond shall be subject to the
approval of the City and shall contain the following endorsement:
"It is hereby understood and agreed that this bond may not be cancelled without
si�ty (60) days prior written notice to the City by registered mail, return receipt
requested, of a written notice of intent to cancel or not to renew."
B. Provision shall be made to permit the City to withdraw funds from the
performance bond. Grantee shall not use the performance bond for other purposes and
shall not assign, pledge or otherwise use this performance bond as security for any
purpose. The City reserves the right, in its sole discretion, to reduce the required amount
of the performance bond.
C. Within thirty (30) days after notice to it that any amount has been withdrawn by
the City from the performance bond pursuant to (A) of this section, Grantee restores the
performance bond to the required amount.
D. If Grantee fails to pay to the City any taxes due and unpaid; or, fails to repay to
the City, any damages, costs or expenses which the City shall be compelled to pay by
reason of any act or default of the Grantee in connection with this Franchise; or fails,
after thirty (30) days notice of such failure by the City to comply with any provision of
the Franchise which the City reasonably determines can be remedied by an expenditure
of the performance bond, the City may then seek to withdraw such funds from the
performance bond.
3. Penalties from Performance Bond.
In addition to any other remedies provided herein, penalties for violations of this Franchise are
set forth below. As a result of any acts or omissions by Grantee pursuant to the Franchise, the
City may charge to and collect from the performance bond the following penalties:
A. For failure to provide data, documents, reports or information or to cooperate or
participate with the City during a renewal process or the System review, the penalty shall
be Three Hundred Dollars ($300.00) per day.
B. For failure to comply with any provision of this Franchise, for which a penalty is
not otherwise specifically provided, the penalty shall be One Hundred Dollars ($100.00)
per day.
C. For failure to test, analyze and report on the performance of the System following
a request by the City the penalty shall be Two Hundred Dollars ($200.00) per day.
D. For failure of Grantee to comply with the construction, operation or maintenance
standards, the penalty shall be Two Hundred Dollars ($200.00) per day.
22
Ordinance No. 1210
Page 23
E. For failure to comply with all conditions of the City permits to disturb streets,
repair streets, or other terms or conditions of the City, the penalty shall be Two Hundred
Dollars ($200.00) per day.
4. Procedure for Imposition of Penalties.
A. Whenever the City finds that Grantee has allegedly violated one (1) or more
terms, conditions or provisions of this Franchise, a written notice shall be given to
Grantee. The written notice shall describe in reasonable detail the alleged violation so as
to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty (30)
days subsequent to receipt of the notice in which to correct the violation before the City
may resort to the performance bond. Grantee may, within ten (10) business days of
receipt of notice, notify the City that there is a dispute as to whether a violation or failure
has, in fact, occurred. Such notice by Grantee to the City shall specify with particularity
the matters disputed by Grantee and shall stay the running of the above-described time.
(1) The City shall hear Grantee's dispute at a regularly or specially scheduled
Council meeting. Grantee shall have the right to subpoena and cross-
examine witnesses. The City shall determine if Grantee has committed a
violation and shall make written findings of fact relative to its
determination. If a violation is found, Grantee may petition for
reconsideration.
(2) If after hearing the dispute the claim is upheld by the City, Grantee shall
have thirty (30) days from such a determination to remedy the violation or
failure, before the City may require payment of all penalties due.
B. The time for Grantee to correct any alleged violation shall be e�tended by the City
if the necessary action to correct the alleged violation is of such a nature or character to
require more than thirty (30) days within which to perform provided Grantee commences
the corrective action within the fifteen (15) day period and thereafter uses reasonable
diligence, as determined by the City, to correct the violation.
C. The performance bond deposited pursuant to this Section shall become the
property of the City in the event that the Franchise is cancelled by reason of the default of
Grantee or revoked for cause. Grantee, however, shall be entitled to the return of such
performance bond, or portion thereof, as remains on file with the City at the expiration of
the term of the Franchise.
D. The rights reserved to the City with respect to the performance bond are in
addition to all other rights of the City whether reserved by this Franchise or authorized by
law, and no action, proceeding or exercise of a right with respect to such performance
bond shall affect any other right the City may have.
E. The City shall stay or waive the imposition of any penalties set forth above upon a
23
Ordinance No. 1210
Page 24
finding that any failure or delay is a result of an act of God or due to circumstances
beyond the reasonable control of Grantee.
5. Damages and Defense.
A. Grantee shall indemnify, defend and hold harmless the City for all damages and
penalties, at all times during the term of this Franchise, as a result of Grantee's exercise of
this Franchise. These damages and penalties shall include, but shall not be limited to,
damages arising out of personal injury, property damage, copyright infringement,
defamation, antitrust, errors and omission, theft, fire, and all other damages arising out of
Grantee's exercise of this Franchise, whether or not any act or omission complained of is
authorized, allowed or prohibited by this Franchise; such indemnification shall include,
but not be limited to, reasonable attorney's fees and costs. Grantee's obligations
hereunder shall not e�tend to any claims or loss arising from the City's negligence or
willful misconduct.
B. In order for the City to assert its rights to be indemnified, defended, and held
harmless, the City must:
(1) Promptly notify Grantee of any claim or legal proceeding which gives rise
to such right;
(2) Afford Grantee the opportunity to participate in and fully control any
compromise, settlement or other resolution or disposition of such claim or
proceeding; unless, however, the City, in its sole discretion, determines
that its interests can not be represented in good faith by Grantee; and
(3) Fully cooperate with the reasonable requests of Grantee, at Grantee's
expense, in its participation in, and control, compromise, settlement or
resolution or other disposition of such claim or proceeding subject to
paragraph (2) above.
(4) In the event the City, in its sole discretion, determines that its interests
cannot be represented in good faith by Grantee, Grantee shall pay all
expenses incurred by the City in defending itself with regard to all
damages and penalties mentioned in paragraph A above. These expenses
shall include all out of pocket expenses, such as attorney's fees and costs.
6. Liability Insurance.
A. Grantee shall maintain, throughout the term of the Franchise, liability insurance
with a company licensed to do business in the State of Minnesota with a rating by Best of
not less than A-, insuring Grantee and the City with regard to all damages mentioned in
paragraph A of Section 405A.10.06 hereof, in the minimum amounts oi
24
Ordinance No. 1210
Page 25
(1) One Million Dollars ($1,000,000.00) for bodily injury or death to any one
(1) person;
(2) Two Million Dollars ($2,000,000.00) for claims resulting from any one
occurrence;
(3) Two Million Dollars ($2,000,000.00) for all other types of liability.
B. At the time of acceptance, Grantee shall furnish to the City a certificate
evidencing that a satisfactory insurance policy has been obtained. Such insurance policy
shall require that the City be notified thirty (30) days prior to any expiration or
cancellation.
C. All insurance policies maintained pursuant to this Section 405A.10 shall contain
the following or similar endorsement:
"It is hereby understood and agreed that this insurance policy may not be canceled
by the surety, nor may the intention not to renew be stated by the surety until
thirty (30) days after receipt by the City of Fridley, Minnesota, by registered mail,
of a written notice of such intention to cancel or renew."
7. City's Right to Revoke.
In addition to all other rights which the City has pursuant to law or equity, the City reserves the
right to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining
thereto, in the event that:
A. Grantee substantially violates any material provision of this Franchise; or
B. Grantee attempts to evade any of the material provisions of the Franchise; or
C. Grantee practices any fraud or deceit upon the City or Subscriber; or
D. Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a
bankrupt; or
E. Grantee materially misrepresents a fact in the application for or negotiation of, or
renegotiation of, or renewal of, the Franchise.
8. Revocation Procedures.
In the event that the City determines that Grantee has violated any provision of the Franchise, the
City may make a written demand on Grantee that it remedy such violation and that continued
violation may be cause for revocation. If the violation, breach, failure, refusal, or neglect is not
remedied to the satisfaction of the City within thirty (30) days following such demand, the City
shall determine whether or not such violation, breach, failure, refusal or neglect by Grantee is
25
Ordinance No. 1210
Page 26
due to acts of God or other causes which result from circumstances beyond Grantee's control.
A. A public hearing shall be held and Grantee shall be provided with an opportunity
to be heard upon fourteen (14) days written notice to Grantee of the time and the place of
the hearing. The causes for pending revocation and the reasons alleged to constitute such
cause shall be recited in the notice. Said notice shall affirmatively recite the causes that
need to be shown by the City to support a revocation.
B. If notice is given and, at Grantee's option, after a full public proceeding is held,
the City determines there is a violation, breach, failure, refusal, or neglect by Grantee, the
City shall direct Grantee to correct or remedy the same within such additional time, in
such manner and upon such terms and conditions as City may direct.
C. If after a public hearing it is determined that Grantee's performance of any of the
terms, conditions, obligations, or requirements of Franchise was prevented or impaired
due to any cause beyond its reasonable control or not reasonably foreseeable, such
inability to perform shall be deemed to be excused and no penalties or sanctions shall be
imposed as a result thereof, provided Grantee has notified City in writing within thirty
(30) days of its discovery of the occurrence of such an event. Such causes beyond
Grantee's reasonable control or not reasonably foreseeable shall include, but shall not be
limited to, acts of God, civil emergencies and labor strikes.
D. If, after notice is given and, at Grantee's option, a full public proceeding is held,
the City determines there was a violation, breach, failure, refusal or neglect, then the City
may declare, by resolution, the Franchise revoked and cancelled and of no further force
and effect unless there is compliance within such period as City may fix, such period not
to be less than thirty (30) days, provided no opportunity for compliance need be granted
for fraud, misrepresentation, or violation of privacy rights.
E. The issue of revocation shall automatically be placed upon the City Council
agenda at the expiration of the time set by it for compliance. The City then may
terminate Franchise forthwith upon finding that Grantee has failed to achieve compliance
or may further e�tend the period, in its discretion.
F. If the City, after notice is given and, at Grantee's option, a full public proceeding
is held and appeal is exhausted, declares the Franchise breached, the parties may pursue
their remedies pursuant to Franchise or any other remedy, legal or equitable.
405A.11. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT
1. Foreclosure.
Upon the foreclosure or other judicial sale of the System, Grantee shall promptly notify the City
of such fact and such notification shall be treated as a notification that a change in control of
Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or
change in ownership shall apply without regard to how such transfer or change in ownership
occurred.
26
Ordinance No. 1210
2. Receivership.
Page 27
The City shall have the right to cancel this Franchise subject to any applicable provisions of
Minnesota law, including the Bankruptcy Act, one hundred and twenty (120) days after the
appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in
receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership
or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120)
days, or unless:
A. Within one hundred twenty (120) days after his election or appointment, such
receiver or trustee shall have fully complied with all the provisions of this Franchise and
remedied all defaults thereunder; and
B. Such receiver or trustee, within said one hundred twenty (120) days, shall have
executed an agreement, duly approved by the Court having jurisdiction in the premises,
whereby such receiver or trustee assumes and agrees to be bound by each and every
provision of this Franchise.
3. Abandonment.
Grantee may not abandon any portion of the System thereof without having first given three (3)
months written notice to the City. Grantee may not abandon any portion of the System without
compensating the City for damages resulting from the abandonment.
405A.12. REMOVAL, TRANSFER AND PURCHASE
1. Removal After Revocation or Expiration.
A. At the expiration of the term (and denial of any renewal) for which the Franchise
is granted, or upon its revocation, as provided for, the City shall have the right to require
Grantee to remove, at Grantee's expense, all or any portion of the System from all Streets
and public property within the City. In so removing the System, Grantee shall refill the
compact at its own expense, any excavation that shall be made and shall leave all streets,
public property and private property in as good a condition as that prevailing prior to
Grantee's removal of the System, and without affecting, altering or disturbing in any way
electric, telephone or utility, cables, wires or attachments. The City, or its delegate, shall
have the right to inspect and approve the condition of such Streets and Public Property
after removal. The performance bond, insurance, indemnity and penalty provision of the
Franchise shall remain in full force and effect during the entire term of removal.
B. If Grantee has failed to commence removal of the System, or such part thereof as
was designated within thirty (30) days after written notice of the City's demand for
removal is given, or if Grantee has failed to complete such removal within one (1) year
after written notice of the City's demand for removal is given, the City shall have the
right to exercise one of the following options:
27
Ordinance No. 1210
Page 28
(1) Declare all right, title and interest to the System to be in the City or its
delegate with all rights of ownership including, but not limited to, the right
to operate the System or transfer the System to another for operation by it;
or
(2) Declare the System abandoned and cause the System, or such part thereof
as the City shall designate, to be removed at no cost to the City. The cost
of said removal shall be recoverable from the performance bond,
indemnity and penalty section provided for in the Franchise, or from
Grantee directly.
2. Sale or Transfer of Franchise.
A. This Franchise shall not be sold, assigned or transferred, in whole or in part, or
leased or sublet in any manner, nor shall title thereto, either legal or equitable, or any
right, interest or property therein, pass to or vest in any Person without full compliance
with the procedure set forth in this Section.
B. The provisions of this Section shall only apply to the sale or transfer of all or a
majority of Grantee's assets, merger (including any parent and its subsidiary
corporation), consolidation, or sale or transfer of stock in Grantee so as to create a new
controlling interest. The term "controlling interest" as used herein is not limited to
majority stock ownership, but includes actual working control in whatever manner
exercised.
(1) The parties to the sale or transfer shall make a written request to the City
for its approval of a sale or transfer.
(2) The City shall then make a determination pursuant to this Franchise as to
the exercise of its first right of refusal to purchase the System.
(3) The City shall reply in writing within thirty (30) days of the request and
shall indicate approval of the request or its determination that a public
hearing is necessary due to potential adverse effect on Grantee's
Subscribers.
(4) If a public hearing is deemed necessary pursuant to paragraph (3) above,
such hearing shall be commenced within thirty (30) days of such
determination and notice of any such hearing shall be given fourteen (14)
days prior to the hearing by publishing notice thereof. The notice shall
contain the date, time and place of the hearing and shall briefly state the
substance of the action to be considered by the City.
(5) Within thirty (30) days after the closing of the public hearing, the City
shall approve or deny in writing the sale or transfer request.
:
Ordinance No. 1210
Page 29
(6) Within thirty (30) days of any transfer Grantee shall file with the City a
copy of the deed, agreement, mortgage, lease or other written instrument
evidencing such sale, transfer of ownership or control or lease, certified
and sworn to as correct by the Grantee.
C. In reviewing a request for sale or transfer pursuant to paragraph (A) above, the
City may inquire into the legal, technical and financial qualifications of the prospective
controlling party, including the adequacy of the support for local programming and
Grantee shall assist the City in so inquiring. The City may condition said transfer upon
such terms and conditions as it deems reasonably appropriate; provided, however, the
City shall not unreasonably withhold its approval. In no event shall a transfer of the
Franchise be approved without the transferee becoming a signatory to this Franchise.
D. Notwithstanding anything to the contrary, no consent of the City shall be required
for the transfer or assignment of the Franchise to any Person controlling, controlled by or
under the same common control as Grantee.
3. City's Right to Purchase System.
The City shall be entitled to a right of first refusal of any bona fide offer to purchase the System
made to Grantee. Bona fide offer as used in this Section means a written offer which has been
accepted by Grantee subject to the City's rights under this Franchise. The price to be paid by the
City shall be the bona fide offer including the same terms and conditions as the bona fide offer.
The City shall notify Grantee of its decision to purchase within si�ty (60) days of the City's
receipt from Grantee of a copy of written bona fide offer.
4. Purchase by City Upon Expiration or Revocation.
A. At the expiration of this Franchise and denial of renewal in accordance with the
provisions of federal law, the City may, in lawful manner and upon the payment of fair
market value, determined on the basis of the System valued as a going concern exclusive
of any value attributable to the Franchise itself, lawfully obtain, purchase, condemn,
acquire, take over and hold the System.
B. Upon the revocation of this Franchise, the City may in lawful manner and upon
the payment of an equitable price lawfully obtain, purchase, condemn, acquire, take over
and hold the System.
405A.13. RIGHTS OF INDIVIDUALS PROTECTED
1. Discriminatory Practices Prohibited.
Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers,
programmers or general citizens on the basis of race, color, religion, national origin, sex or age.
Grantee shall comply at all times with all applicable federal and state laws, relating to non-
discrimination.
29
Ordinance No. 1210
2. Subscriber Privacy.
Page 30
A. No signal of a cable communications Channel may be transmitted from a
Subscriber terminal for purposes of monitoring individual viewing patterns or practices
without the express written permission of the Subscriber. The request for such
permission shall be contained in a separate document with a prominent statement that the
Subscriber is authorizing the permission in full knowledge of its provisions. Such written
permission shall be for a limited period of time not to exceed one (1) year which shall be
renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's
failure to provide or renew such authorization. The authorization shall be revocable at
any time by the Subscriber without penalty of any kind whatsoever. Such permission
shall be required for each type or classification of Class IV cable communications
activity planned for the purpose of monitoring individual viewing patterns or practices.
B. No information or data obtained by monitoring transmission of a Signal from a
Subscriber terminal, or any other means, including, but not limited to, lists of the names
and addresses of such Subscribers or any lists that identify the viewing habits of
Subscribers shall be sold or otherwise made available to any party other than to Grantee
and its employees for internal business use, and also to the Subscriber subject of that
information, unless Grantee has received specific written authorization from the
Subscriber to make such data available.
C. Written permission from the Subscriber shall not be required for the conducting of
the System-wide or individually addressed electronic sweeps for the purpose of verifying
the System integrity or monitoring for the purpose of billing. Confidentially of such
information shall be subject to the provision set forth in paragraph (B) of this Section.
405A.14. MISCELLANEOUS PROVISIONS
1. Compliance with Laws.
Grantee and the City shall conform to all state laws and rules regarding cable television not later
than one (1) year after they become effective unless otherwise stated. Grantee and the City shall
conform to all federal laws and regulations regarding cable television as they become effective,
unless otherwise stated. Grantee shall also conform with all generally applicable City
ordinances, resolutions, rules and regulations heretofore or hereafter adopted or established
during the entire term of the Franchise. In the event of a conflict between City ordinances,
resolutions, rules or regulations and the specific provisions of this Franchise, the specific
provisions of this Franchise shall govern.
2. Franchise Renewal.
This Franchise may be renewed in accordance with applicable state and federal law.
30
Ordinance No. 1210
3. Continuity of Service Mandatory.
Page 31
Upon expiration or the termination of this Franchise, the City may require Grantee to continue to
operate the System for an e�tended period of time not to exceed six (6) months. Grantee shall, as
trustee for its successor in interest, continue to operate the System under the terms and conditions
of this Franchise. In the event Grantee does not so operate the System, the City may take such
steps as it, in its sole discretion, deems necessary to assure continued service to Subscribers.
4. Work Performed by Others.
A. Grantee shall give notify the City in writing of the names and addresses of any
other entity or person, other than Grantee, which performs services pursuant to this
Franchise, provided, however, that all provisions of this Franchise shall remain the
responsibility of Grantee, and Grantee shall be responsible for and hold the City harmless
for any claims and liability arising out of work performed by persons other than Grantee.
B. All provisions of this Franchise shall apply to any subcontractor or others
performing any work or services pursuant to the provisions of this Franchise.
5. Compliance with Federal, State and Local Laws.
A. If any federal or state law or regulation shall require or permit Grantee to perform
any service or act or shall prohibit Grantee from performing any service or act which may
be in conflict with the terms of this Franchise, then as soon as possible following
knowledge thereof, Grantee shall notify the City of the point of conflict believed to exist
between such law or regulation.
B. If any term, condition or provision of this Franchise or the application thereof to
any person or circumstance shall, to any e�tent, be held to be invalid or unenforceable,
the remainder hereof and the application of such term, condition or provision to persons
or circumstances other than those as to whom it shall be held invalid or unenforceable
shall not be affected thereby, and this Franchise and all the terms, provisions and
conditions hereof shall, in all other respects, continue to be effective and to be complied
with. In the event that such law, rule or regulation is subsequently repealed, rescinded,
amended or otherwise changed so that the provision which had been held invalid or
modified is no longer in conflict with the law, rules and regulations then in effect, said
provision shall thereupon return to full force and effect and shall thereafter be binding on
Grantee and the City.
6. Nonenforcement by City.
Grantee shall not be relieved of its obligation to comply with any of the provisions of this
Franchise by reason of any failure of the City or to enforce prompt compliance.
31
Ordinance No. 1210
7. Administration of Franchise.
Page 32
A. The City shall have continuing regulatory jurisdiction and supervision over the
System and the Grantee's operation under the Franchise. The City may issue such
reasonable rules and regulations concerning the construction, operation and maintenance
of the System as are consistent with the provisions of the Franchise.
B. Grantee shall construct, operate and maintain the System subject to the
supervision of all the authorities of the City who have jurisdiction in such matters and in
strict compliance with all laws, ordinances, departmental rules and regulations affecting
the System.
8. Cable Television Advisory Commission.
The City may provide for an ongoing cable television advisory commission. The specific nature
and composition of the commission shall be determined by the City.
9. Miscellaneous Violations.
A. From and after the acceptance of the Franchise, it shall be unlawful, for any
person to establish, operate or to carry on the business of distributing to any persons in
the City any television signals or radio signals by means of a System using public right-
of-ways unless a Franchise therefore has first been obtained pursuant to the provisions of
an ordinance, and unless such Franchise is in full force and effect.
B. From and after the acceptance of the Franchise, it shall be unlawful for any person
to construct, install or maintain within any Street in the City, or within any other Public
Property of the City, or within any privately owned area within the City which has not yet
become a public street but is designated or delineated as a proposed public street on any
tentative subdivision map approved by the City, or the City's official map or the City's
major thoroughfare plan, any equipment or facilities for distributing any television
signals or radio signals through a System, unless a franchise authorizing such use of such
street or property or areas has first been obtained.
10. Emergency Use.
In the case of any emergency or disaster, Grantee shall, upon request of the City, make available
its System and related facilities to the City for emergency use during the emergency or disaster
period to the e�tent such use is technically feasible and not otherwise in conflict with concurrent
emergency use as otherwise provided herein.
11. Construction.
This Franchise shall be construed and enforced in accordance with the substantive laws of the
State of Minnesota and without reference to its principals of conflicts of law.
32
Ordinance No. 1210 Page 33
12. Captions.
The paragraph captions and headings in this Franchise are for convenience and reference
purposes only and shall not affect in any way the meaning of interpretation of this Franchise.
13. Calculation of Time.
Where the performance or doing of any act, duty, matter, payment or thing is required hereunder
and the period of time or duration for the performance or during thereof is prescribed and fixed
herein, the time shall be computed so as to exclude the first and include the last day of the
prescribed or fixed period or duration of time. When the last day of the period falls on Saturday,
Sunday or a legal holiday, that day shall be omitted from the computation.
14. Reservation of Rights.
Both the City and the Grantee expressly reserve any and all rights that either may now have or
subsequently be granted under applicable state and federal law. Nothing contained herein shall
be construed as a waiver, release or surrender of any right either party may now have or be
granted in the future.
15. Amendments.
This Franchise may be amended only by the mutual consent of the City and Grantee. Any
amendment must be in writing and executed by the City and Grantee.
16. Force Majeure.
Notwithstanding any other provisions of this Ordinance, the Grantee shall not be liable for delay
in performance of, or failure to perform, in whole or in part, its obligations pursuant to this
Ordinance due to strike, unavailability of materials, or equipment, war or act of war (whether an
actual declaration of war is made or not), insurrection, riot, civil disturbance, sabotage or
vandalism, customer tampering or interference, act of public enemy, accident, fire, flood, or
other events, to the e�tent that such causes or other events are beyond the control of the Grantee.
405A.15. EFFECTIVE DATE; PUBLICATION; AND TIME OF ACCEPTANCE
1. Publication; Effective Date.
This Franchise Ordinance shall be signed by the Mayor or acting Mayor and attested by the City
Clerk The Franchise shall be published in accordance with the requirements of the City and
shall take effect upon acceptance by Grantee as provided under the terms of the City Charter and
this Ordinance.
2. Time of Acceptance and Exhibits.
A. Grantee shall have thirty (30) days from the date of adoption of this Franchise
33
Ordinance No. 1210
Page 34
Ordinance to accept this Franchise in form and substance acceptable to the City. Such
acceptance by Grantee shall be deemed the grant of this Franchise for all purposes. In the
event acceptance does not take place within thirty (30) days or such other time as the City
might allow, this Franchise shall be null and void.
B. Upon acceptance of this Franchise, Grantee shall
conditions contained herein and subject to any applicable
shall provide all services and offerings specifically set
Services within the City.
be bound by all the terms and
state or federal law. Grantee
forth herein to provide Cable
C. With its acceptance, Grantee also shall deliver to the City a certified resolution of
Grantee evidencing its power and authority to accept the Franchise. Such documents
shall also describe the officers authorized to accept on behalf of Grantee.
D. With its acceptance, Grantee shall also deliver any security deposit, insurance
certificates performance bonds and access capital grants required herein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
7Tx DAY OF NOVEMBER 2005.
ATTEST:
DEBRA A. SKOGEN — Y CLERK
Public Hearing:
First Reading:
Second Reading
Publication:
October 24, 2005
October 24, 2005
November 7, 2005
November 17, 2005
34
���
SCOTT . LUND - MAYOR
Exhibit A
Subpart K-Technical Standards
47CFR (76.601 to 76.617)
§ 76.601 Performance tests.
(a) The operator of each cable television system shall be responsible for insuring that each such system is
designed, installed, and operated in a manner that fully complies with the provisions of this subpart.
(b) The operator of each cable television system shall conduct complete performance tests of that system
at least twice each calendar year (at intervals not to exceed seven months), unless otherwise noted
below. The performance tests shall be directed at determining the extent to which the system
complies with all the technical standards set forth in §76.605(a) and shall be as follows:
(1) For cable television systems with 1000 or more subscribers but with 12,500 or fewer subscribers, proof-of-
performance tests conducted pursuant to this section shall include measurements taken at six (6) widely
separated points. However, within each cable system, one additional test point shall be added for every
additional 12,500 subscribers or fraction thereof (e.g., 7 test points if 12,501 to 25,000 subscribers; 8 test
points if 25,001 to 37,500 subscribers, etc.). In addition, for technically integrated portions of cable systems
that are not mechanically continuous (i. e., employing microwave connections), at least one test point will
be required for each portion of the cable system served by a technically integrated microwave hub. The
proof-of-performance test points chosen shall be balanced to represent all geographic areas served by the
cable system. At least one third of the test points shall be representarive of subscriber terminals most distant
from the system input and from each microwave receiver (if microwave transmissions are employed), in
terms of cable length. The measurements may be taken at convenient monitoring points in the cable
network Provided, that data shall be included to relate the measured performance of the system as would
be viewed from a nearby subscriber terminal. An identification of the instruments, including the makes,
model numbers, and the most recent date of calibration, a description of the procedures utilized, and a
statement of the qualificarions of the person performing the tests shall also be included.
(2) Proof-of-performance tests to determine the eatent to which a cable television system complies with the
standards set forth in §76.605(a) (3), (4), and (5) shall be made on each of the NTSC or similar video
channels of that system. Unless otherwise as noted, proof-of-performance tests for all other standards in
§76.605(a) shall be made on a minimum of four (4) channels plus one additional channel for every 100
MHz, or fracrion thereof, of cable distribution system upper frequency limit (e.g., 5 channels for cable
television systems with a cable distribution system upper frequency limit of 101 to 216 MHz; 6 channels
for cable television systems with a cable distribution system upper frequency limit of 217-300 MHz; 7
channels for cable television systems with a cable distriburion upper frequency limit to 300 to 400 MHz,
etc.). The channels selected for testing must be representative of all the channels within the cable television
system.
(3) The operator of each cable television system shall conduct semi-annual proof-of performance tests of that
system, to determine the eatent to which the system complies with the technical standards set forth in
§76.605(a)(4) as follows. The visual signal level on each channel shall be measured and recorded, along
with the date and rime of the measurement, once every six hours (at intervals of not less than five hours or
no more than seven hours after the previous measurement), to include the warmest and the coldest times,
during a 24-hour period in January or February and in July or August.
(4) The operator of each cable television system shall conduct triennial proof-of performance tests of its system
to determine the eatent to which the system complies with the technical standards set forth in
§76.605(a)(11).
(c) Successful completion of the performance tests required by paragraph (b) of this section does not
relieve the system of the obligation to comply with all pertinent technical standards at all subscriber
Ordinance No. 1210
Page 36
terminals. Additional tests, repeat tests, or tests involving specified subscriber terminals may be
required by the Commission or the local franchiser to secure compliance with the technical standards.
(d) The provisions of paragraphs (b) and (c) of this section shall not apply to any cable television system
having fewer than 1,000 subscribers: Provided, however, that any cable television system using any
frequency spectrum other than that allocated to over-the-air television and FM broadcasting (as
described in §§73.603 and 73.210 of this chapter) is required to conduct all tests, measurements and
monitoring of signal leakage that are required by this subpart. A cable television system operator
complying with the monitoring, logging and the leakage repair requirements of §76.614, shall be
considered to have met the requirements of this paragraph. However, the leakage log shall be retained
for five years rather than the two years prescribed in §76.1706.
Note 1 to §76.601: Priar to requiring any additional testing pursuant to §76.601(c), the local franchising authority shall notify the
cable operator who will be allowed thirty days to come into compliance with any perceived signal quality problems which need to be
corrected. The Commission may request cable operators to test their systems at any time.
Note 2 to §76.601: Section 76.1717 contains recordkeeping requirements for each system operator in order to show compliance with
the technical rules of this subpart.
Note 3 to §76.601: Section 76.1704 contains recordkeeping requirements for proof of performance tests.
[65 FR 53615, Sept. 5, 2000]
§ 76.602 Incorporation by reference.
(a) The materials listed in this section are incorporated by reference in this part. These incorporations by
reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval, and
notice of any change in these materials will be published in the Federal Register. The materials are
available for purchase at the corresponding addresses as noted, and all are available for inspection at
the Federal Communications Commission, 445 12th. St., SW., Reference Information Center, Room
CYA257, Washington, DC 20554 and at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, ca11202-741-6030, or go to:
http://www.archives.�ov/ederal re�ister/code oo,�' ederal re�ulations�br locations.html.
(b) The following materials are available for purchase from at least one of the followingaddresses: Global
Engineering Documents, 15 Inverness Way East, Englewood, CO 80112 or at htt�://global.ihs.com;
or American National Standards Institute, 25 West 43rd Street, 4t'' Floor, New York, NY 10036 or at
htt�://webstore.ansi.org/ansidocstore/de ault.as�; or Society of Cable Telecommunications Engineers
at http://www.scte.org/standard�ndex.cfm, or Advanced Television Systems Committee, 1750 K
Street, NW., Suite 1200, Washington, DC 20006 or at http://www.aisc.or�/standards.
(1) ANSUSCTE 26 2001 (formerly DVS 194): "Home Digital Network Interface Specification with Copy
Protection," 2001, IBR approved for §76.640.
(2) (2) SCTE 28 2003 (formerly DVS 295): "Host-POD Interface Standard," 2003, IBR approved for §76.640.
(3) SCTE 41 2003 (formerly DVS 301): "POD Copy Protection System," 2003, IBR approved for §76.640.
(4) ANSUSCTE 54 2003 (formerly DVS 241), "Digital Video Service Multiplex and Transport System
Standard for Cable Television," 2003, IBR approved for §76.640.
(5) ANSUSCTE 65 2002 (formerly DVS 234), "Service Information Delivered Out-of- Band for Digital Cable
Television," 2002, IBR approved for §76.640.
(6) CEA-931—A, "Remote Control Command Pass-through Standard for Home Networking" 2003, IBR
approved for §76.640.
36
Ordinance No. 1210
Page 37
(7) SCTE 40 2003 (formerly DVS 313), "Digital Cable Network Interface Standard,"2003, IBR approved for
§76.640.
(8) ATSC A/65B: "ATSC Standard: Program and System Information Protocol for Terrestrial Broadcast and
Cable (Revision B)," March 18, 2003, IBR approved for§76.640.
(9) CEA-542—B: "CEA Standard: Cable Television Channel Identification Plan," July 2003, IBR approved
for §76.605.
[68 FR 66734, Nov. 28, 2003, as amended at 69 FR 18803, Apr. 9, 2004; 69 FR 57861, Sept. 28, 2004]
§ 76.605 Technical standards.
(a) The following requirements apply to the performance of a cable television system as measured at any
subscriber terminal with a matched impedance at the termination point or at the output of the
modulating or processing equipment (generally the headend) of the cable television system or
otherwise as noted. The requirements are applicable to each NTSC or similar video downstream cable
television channel in the system:
(1) The cable television channels delivered to the subscriber's terminal shall be capable of being received and
displayed by TV broadcast receivers used for off-the-air reception of TV broadcast signals, as authorized
under part 73 of this chapter; and (ii) Cable television systems shall transmit signals to subscriber premises
equipment on frequencies in accordance with the channel allocation plan set forth in CEA-542—B:
"Standard: Cable Television Channel Identificarion Plan," (Incorporated by reference, see §76.602).
(2) The aural center frequency of the aural carrier must be 4.5 MHz f 5 kHz above the frequency of the visual
carrier at the output of the modularing or processing equipment of a cable television system, and at the
subscriber terminal.
(3) The visual signal level, across a terminating impedance which correctly matches the internal impedance of
the cable system as viewed from the subscriber terminal, shall not be less than 1 millivolt across an internal
impedance of 75 ohms (0 dBm�. Addirionally, as measured at the end of a 30 meter (100 foot) cable drop
that is connected to the subscriber tap, it shall not be less than 1.41 millivolts across an internal impedance
of 75 ohms (+3 dBm�. (At other impedance values, the minimum visual signal level, as viewed from the
subscriber terminal, shall be the square root of 0.0133 (Z) millivolts and, as measured at the end of a 30
meter (100 foot) cable drop that is connected to the subscriber tap, shall be 2 rimes the square root of
0.00662(Z) millivolts, where Z is the appropriate impedance value.)
(4) The visual signal level on each channel, as measured at the end of a 30 meter cable drop that is connected
to the subscriber tap, shall not vary more than 8 decibels within any six-month interval, which must include
four tests performed in six-hour increments during a 24-hour period in July or August and during a 24-
hour period in January or February, and shall be maintained within:
(i) 3 decibels (dB) of the visual signal level of any visual carrier within a 6 MHz nominal frequency
separation;
(ii) 10 dB of the visual signal level on any other channel on a cable television system of up to 300 MHz of
cable distribution system upper frequency limit, with a 1 dB increase for each addirional 100 MHz of
cable distribution system upper frequency limit (e.g., 11 dB for a system at 301-400 MHz; 12 dB for a
system at 401-500 MHz, etc.); and
(iu) A ma�num level such that signal degradation due to overload in the subscriber's receiver or terminal
does not occur.
37
Ordinance No. 1210
Page 38
(5) The rms voltage of the aural signal shall be maintained between 10 and 17 decibels below the associated
visual signal level. This requirement must be met both at the subscriber terminal and at the output of the
modulating and processing equipment (generally the headend). For subscriber terminals that use equipment
which modulate and re-modulate the signal (e.g., baseband converters), the rms voltage of the aural signal
shall be maintained between 6.5 and 17 decibels below the associated visual signal level at the subscriber
terminal.
(6) The amplitude characteristic shall be within a range of f2 decibels from 0.75 MHz to 5.0 MHz above the
lower boundary frequency of the cable television channel, referenced to the average of the highest and
lowest amplitudes within these frequency boundaries. The amplitude characteristic shall be measured at the
subscriber terminal.
(7) The ratio of RF visual signal level to system noise shall not be less than 43 decibels. For class I cable
television channels, the requirements of this section are applicable only to:
(i) Each signal which is delivered by a cable television system to subscribers within the predicted Grade B
contour for that signal;
(ii) Each signal which is first picked up within its predicted Grade B contour;
(iu) Each signal that is first received by the cable television system by direct video feed from a TV
broadcast starion, a low power TV station, or a TV translator station.
(8) The ratio of visual signal level to the rms amplitude of any coherent disturbances such as intermodularion
products, second and third order distortions or discrete-frequency interfering signals not operating on
proper offset assignments shall be as follows:
(i) The ratio of visual signal level to coherent disturbances shall not be less than 51 decibels for
noncoherent channel cable television systems, when measured with modulated carriers and time
averaged;and
(ii) The ratio of visual signal level to coherent disturbances which are frequency coincident with the visual
carrier shall not be less than 47 decibels for coherent channel cable systems, when measured with
modulated carriers and rime averaged.
(9) The terminal isolarion provided to each subscriber terminal:
(i) Shall not be less than 18 decibels. In lieu of periodic testing the cable operator may use specifications
provided by the manufacturer for the terminal isolation equipment to meet this standard; and
(ii) Shall be sufficient to prevent reflections caused by open-circuited or short-circuited subscriber
terminals from producing visible picture impairments at any other subscriber terminal.
(10) The peak-to-peak variarion in visual signal level caused by undesired low frequency disturbances (hum or
repetitive transients) generated within the system, or by inadequate low frequency response, shall not
exceed 3 percent of the visual signalleveL Measurements made on a single channel using a single un-
modulated carrier may be used to demonstrate compliance with this parameter at each test location.
(11) As of June 30, 1995, the following requirements apply to the performance of the cable television system as
measured at the output of the modulating or processing equipment (generally the headend) of the system:
(i) The chrominance-hiininance delay inequality (or chroma delay), which is the change in delay time of
the chrominance component of the signal relarive to the luminance component, shall be within 170
nanoseconds.
:
Ordinance No. 1210
Page 39
(ii) The differenrial gain for the color sub-carrier of the television signal, which is measured as the
difference in amplitude between the largest and smallest segments of the chrominance signal (divided
by the largest and expressed in percent), shall not exceed f20%.
(iu) The differenrial phase for the color sub-carrier of the television signal which is measured as the largest
phase difference in degrees between each segment of the chrominance signal and reference segment
(the segment at the blanking level of O IRE), shall not exceed f 10 degrees.
(12) As an exception to the general provision requiring measurements to be made at subscriber terminals, and
without regard to the type of signals carried by the cable television system, signal leakage from a cable
television system shall be measured in accordance with the procedures outlined in §76.609(h) and shall be
limited as follows:
Frequencies
Less than and including 54 MHz, and over 216 MHz
Over 54 MHz up to and including 216MHz
Signal leakage
Limit Distance in
(micro-volt/meters)
15
20
Distant in
meters (m)
30
3
(b) Cable television systems distributing signals by using methods such as nonconventional coaxial cable
techniques, non-coaxial copper cable techniques, specialized coaxial cable and fiber optical cable
hybridization techniques or specialized compression techniques or specialized receiving devices, and
which, because of their basic design, cannot comply with one or more of the technical standards set
forth in paragraph (a) of this section, may be permitted to operate: Provided, That an adequate
showing is made pursuant to §76.7 which establishes that the public interest is benefited. In such
instances, the Commission may prescribe special technical requirements to ensure that subscribers to
such systems are provided with an equivalent level of good quality service.
Note 1: Local franchising authorities of systems serving fewer than 1000 subscribers may adopt standards less stringent than those in
§76.605(a). Any such agreement shall be reduced to writing and be associated with the system's proof-of-performance records.
Note 2: For systems serving rural areas as defined in §76.5, the system may negotiate with its local franchising authority for standards
less stringent than those in §§76.605(a)(3), 76.605(a)(7), 6.605(a)(8), 76.605(a)(10) and 76.605(a)(11). Any such agreement shall be
reduced to writing and be associated with the system's proof-of-performance records.
Note 3: The requirements ofthis section shall not apply to devices subjectto the TV interface device rules under part 15 ofthis
chapter.
Note 4: Should subscriber complaints arise from a system failing to meet §76.605(a)(6) priar to December 30, 1999, the cable operator
will be required to provide a converter that will allow the system to meet the standard immediately at the complaining subscriber's
terminal. Further, should the problem be found to be system-wide, the Commission may order all converters on the system be changed
to meet the standard.
Note 5: Should subscriber complaints arise from a system failing to meet §76.605(a)(10), the cable operator will be required to remedy
the complaint and perform test measurements on §76.605(a)(10) containing the full number of channels as indicated in §76.601(b)(2)
at the complaining subscriber's terminal. Further, should the problem be found to be system-wide, the
Commission may order that the full number of channels as indicated in §76.601(b)(2) be tested at all required locations for future
proof-of-performance tests.
Note 6: No State or franchising authority may prohibit, condition, or restrict a cable system's use of any type of subscriber equipment
or any transmission technology.
[37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13867, July 14, 1972; 40 FR 2690, Jan. 15, 1975; 40 FR
3296, Jan. 21, 1975; 41 FR 53028, Dec. 3, 1976; 42 FR 21782, Apr. 29, 1977; 47 FR 21503, May 18, 1982;
50 FR 52466, Dec. 24, 1985; 51 FR 1255, Jan. 10, 1986; 52 FR 22461, June 12, 1987; 57 FR 11002, Apr.
1, 1992; 57 FR 61010, Dec. 23, 1992; 58 FR 44952, Aug. 25, 1993; 59 FR 25342, May 16, 1994; 61 FR
18510, Apr. 26, 1996; 61 FR 18978, Apr. 30, 1996; 65 FR 53616, Sept. 5, 2000; 69 FR 2849, Jan. 21,
2004; 69 FR 57861, Sept. 28, 2004]
39
Ordinance No. 1210
Page 40
§ 76.606 Closed captioning.
(a) As of June 30, 1992, the operator of each cable television system shall not take any action to remove
or alter closed captioning data contained on line 21 of the vertical blanking interval.
(b) As of July 1, 1993, the operator of each cable television system shall deliver intact closed captioning
data contained on line 21 of the vertical blanking interval, as it arrives at the headend or from another
origination source, to subscriber terminals and (when so delivered to the cable system) in a format
that can be recovered and displayed by decoders meeting § 15.119 of this chapter.
[57 FR 11003, Apr. 1, 1992]
§ 76.609 Measurements.
(a) Measurements made to demonstrate conformity with the performance requirements set forth in
§§76.601 and 76.605 shall be made under conditions which reflect system performance during normal
operations, including the effect of any microwave relay operated in the Cable Television Relay
(CARS) Service intervening between pickup antenna and the cable distribution network. Amplifiers
shall be operated at normal gains, either by the insertion of appropriate signals or by manual
adjustment. Special signals inserted in a cable television channel for measurement purposes should be
operated at levels approximating those used for normal operation. Pilot tones, auxiliary or substitute
signals, and non-television signals normally carried on the cable television system should be operated
at normal levels to the extent possible. Some exemplary, but not mandatory, measurement procedures
are set forth in this section.
(b) When it may be necessary to remove the television signal normally carried on a cable television
channel in order to facilitate a performance measurement, it will be permissible to disconnect the
antenna which serves the channel under measurement and to substitute therefore a matching
resistance termination. Other antennas and inputs should remain connected and normal signal levels
should be maintained on other channels.
(c) As may be necessary to ensure satisfactory service to a subscriber, the Commission may require
additional tests to demonstrate system performance or may specify the use of different test
procedures.
(d) The frequency response of a cable television channel may be determined by one of the following
methods, as appropriate:
(1) By using a swept frequency or a manually variable signal generator at the sending end and a calibrated
attenuator and frequency-selective voltmeter at the subscriber terminal; or
(2) By using either a multi-burst generator or vertical interval test signals and either a modulator or processor
at the sending end, and by using either a demodulator and either an oscilloscope display or a waveform
monitor display at the subscriber terminal.
(e) System noise may be measured using a frequency-selective voltmeter (field strength meter) which has
been suitably calibrated to indicate rms noise or average power level and which has a known
bandwidth. With the system operating at normal level and with a properly matched resistive
termination substituted for the antenna, noise power indications at the subscriber terminal are taken in
successive increments of frequency equal to the bandwidth of the frequency-selective voltmeter,
summing the power indications to obtain the total noise power present over a 4 MHz band centered
within the cable television channeL If it is established that the noise level is constant within this
bandwidth, a single measurement may be taken which is corrected by an appropriate factor
representing the ratio of 4 MHz to the noise bandwidth of the frequency-selective voltmeter. If an
.�
Ordinance No. 1210
Page 41
amplifier is inserted between the frequency-selective voltmeter and the subscriber terminal in order to
facilitate this measurement, it should have a bandwidth of at least 4 MHz and appropriate corrections
must be made to account for its gain and noise figure. Alternatively, measurements made in
accordance with the NCTA Recommended Practices for Measurements on Cable Television Systems,
2nd edition, November 1989, on noise measurement may be employed.
( fl The amplitude of discrete frequency interfering signals within a cable television channel may be
determined with either a spectrum analyzer or with a frequency-selective voltmeter (field strength
meter), which instruments have been calibrated for adequate accuracy. If calibration accuracy is in
doubt, measurements may be referenced to a calibrated signal generator, or a calibrated variable
attenuator, substituted at the point of ineasurement. If an amplifier is used between the subscriber
terminal and the measuring instrument, appropriate corrections must be made to account for its gain.
(g) The terminal isolation between any two terminals in the cable television system may be measured by
applying a signal of known amplitude to one terminal and measuring the amplitude of that signal at
the other terminal. The frequency of the signal should be close to the mid-frequency of the channel
being tested. Measurements of terminal isolation are not required when either:
(1) The manufacturer's specifications for subscriber tap isolation based on a representative sample of no less
than 500 subscribers taps or
(2) Laboratory tests performed by or for the operator of a cable television system on a representarive sample of
no less than 50 subscriber taps, indicates that the terminal isolarion standard of §76.605(a)(9) is met. To
demonstrate compliance with §76.605(a)(9), the operator of a cable television system shall attach either
such manufacturer's specifications or laboratory measurements as an e�iibit to each proof-of-performance
record.
(h) Measurements to determine the field strength of the signal leakage emanated by the cable television
system shall be made in accordance with standard engineering procedures. Measurements made on
frequencies above 25 MHz shall include the following:
(1) A field strength meter of adequate accuracy using a horizontal dipole antenna shall be employed.
(2) Field strength shall be expressed in terms of the rms value of synchronizing peak for each cable television
channel for which signal leakage can be measured.
(3) The resonant half wave dipole antenna shall be placed 3 meters from and positioned directly below the
system components and at 3 meters above ground. Where such placement results in a separation of less
than 3 meters between the center of the dipole antenna and the system components, or less than 3 meters
between the dipole and ground level, the dipole shall be repositioned to provide a separarion of 3 meters
from the system components at a height of 3 meters or more above ground.
(4) The horizontal dipole antenna shall be rotated about a vertical aYis and the maximum meter reading shall be
used.
(5) Measurements shall be made where other conductors are 3 or more meters (10 or more feet) away from the
measuring antenna.
(i) For systems using cable traps and filters to control the delivery of specific channels to the subscriber
terminal, measurements made to determine compliance with §76.605(a) (5) and (6) may be perfarmed
at the location immediately prior to the trap or filter for the specific channel. The effects of these traps
or filters, as certified by the system engineer or the equipment manufacturer, must be attached to each
proof-of-performance record.
41
Ordinance No. 1210
(j) Measurements made to determine the differential gain, differential phase and the chrominance-
luminance delay inequality (chroma delay) shall be made in accordance with the NCTA
Recommended Practices for Measurements on Cable Television Systems, 2"d edition, November
1989, on these parameters.
Page 42
[37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13867, July 14, 1972; 41 FR 10067, Mar. 9, 1976; 42 FR
21782, Apr. 29, 1977; 49 FR 45441, Nov. 16, 1984; 57 FR 11004, Apr. 1, 1992; 57 FR 61011, Dec. 23,
1992; 58 FR 44952, Aug. 25, 1993]
§ 76.610 Operation in the frequency bands 108-137 and 225-400 MHz—scope of application.
The provisions of §§76.605(a)(12), 76.611, 76.612, 76.613, 76.614, 76.616, 76.617, 76.1803 and 76.1804
are applicable to all MVPDs (cable and non-cable) transmitting carriers or other signal components
carried at an average power level equal to or greater than 10- 4 watts across a 25 kHz bandwidth in any
160 microsecond period, at any point in the cable distribution system in the frequency bands 108-137 and
225-400 MHz for any purpose. Exception: Non-cable MVPDs serving less than 1000 subscribers and less
than 1000 units do not have to comply with §76.1803.
69 FR 57862, Sept. 28, 2004]
§ 76.611 Cable television basic signal leakage performance criteria.
(a) No cable television system shall commence or provide service in the frequency bands 108- 137 and
225-400 MHz unless such systems is in compliance with one of the following cable television basic
signal leakage performance criteria:
(1) prior to carriage of signals in the aeronaurical radio bands and at least once each calendar year, with no
more than 12 months between successive tests thereafter, based on a sampling of at least 75% of the cable
strand, and including any portion of the cable system which are known to have or can reasonably be
expected to have less leakage integrity than the average of the system, the cable operator demonstrates
compliance with a cumulative signal leakage index by showing either that
(i) l0iog I3000 is equal to or less than -7 or
(ii) 101og Ioo is equal to or less than 64, using one of the following formula:
where:
1 2
n Ei
I3000 — " � ""
0 Fi R�
i
� n
,I�= -- �
0 F1
2
--,
Z
r; is the distance (in meters) between the leakage source and the center of the cable television system;
T is the fracrion of the system cable length actually examined for leakage sources and is equal to the
strand kilometers (strand miles) of plant tested divided by the total strand kilometers (strand miles) in
the plant
Ri is the slant height distance (in meters) from leakage source i to a point 3000 meters above the center
of the cable television system;
Ei is the electric field strength in microvolts per meter (iV/m) measured pursuant to §76.609(h) 3
meters from the leak i; and n is the number of leaks found of field strength equal to or greater than 50
iV/m pursuant to Section 76.609(h).
The sum is carried over all leaks i detected in the cable examined; or
(2) prior to carriage of signals in the aeronaurical radio bands and at least once each calendar year, with no
more than 12 months between successive tests thereafter, the cable operator demonstrates by measurement
42
Ordinance No. 1210
Page 43
in the airspace that at no point does the field strength generated by the cable system exceed 10 microvolts
per meter (iV/m) RMS at an altitude of 450 meters above the average terrain of the cable system. The
measurement system (including the receiving antenna) shall be calibrated against a known field of 10 iV/m
RMS produced by a well characterized antenna consisting of orthogonal resonant dipoles, both parallel to
and one quarter wavelength above the ground plane of a diameter of two meters or more at ground level.
The dipoles shall have centers collocated and be excited 90 degrees apart. The half-power bandwidth of the
detector shall be 25 kHz. If an aeronautical receiver is used for this purpose it shall meet the standards of
the Radio Technical Commission for Aeronautics (RCTA) for aeronaurical communications receivers. The
aircraft antenna shall be horizontally polarized. Calibration shall be made in the community unit or, if more
than one, in any of the community units of the physical system within a reasonable rime period to
performing the measurements. If data is recorded digitally the 90�' percentile level of points recorded over
the cable system shall not exceed 10 iV/m RMS; if analog recordings is used the peak values of the curves,
when smoothed according to good engineering pracrices, shall not exceed 10 iV/m RMS.
(b) In paragraphs (a)(1) and (a)(2) of this section the un-modulated test signal used on the cable plant
shall:
(1) Be within the VI�' aeronautical band 108-137 MHz or any other frequency in which the results can be
correlated to the VI�' aeronautical band and
(2) have an average power level equal to the average power level of the strongest cable television carrier on
the system.
(c) In paragraph (a)(1) and (2) of this section, if a modulated test signal is used, the test signal and
detector technique must, when considered together, yield the same result as though an un-modulated
test signal were used in conjunction with a detection technique which would yield the RMS value of
said un-modulated carrier.
(d) If a sampling of at least 75 % of the cable strand (and including any portions of the cable system
which are known to have or can reasonably be expected to have less leakage integrity than the
average of the system) as described in paragraph (a)(1) cannot be obtained by the cable operator or is
otherwise not reasonably feasible, the cable operator shall perform the airspace measurements
described in paragraph (a)(2).
(e) Prior to providing service to any subscriber on a new section of cable plant, the operator shall show
compliance with either. (1) The basic signal leakage criteria in accordance with paragraph (a)(1) or
(a)(2) of this section for the entire plant in operation ar(2) a showing shall be made indicating that no
individual leak in the new section of the plant exceeds 20 iV/m at 3 meters in accordance with
§76.609 fo the Rules.
( fl Notwithstanding paragraph (a) of this section, a cable operator shall be permitted to operate on any
frequency which is offset pursuant to §76.612 in the frequency band 108-137 MHz for the purpose of
demonstrating compliance with the cable television basic signal leakage performance criteria.
[50 FR 29399, July 19, 1985, as amended at 53 FR 2499, Jan. 28, 1988; 53 FR 5684, Feb. 25, 1988; 58 FR 44952, Aug. 25, 1993]
§ 76.612 Cable television frequency separation standards.
All cable television systems which operate in the frequency bands 108-137 and 225-400 MHz shall
comply with the following frequency separation standards:
(a) In the aeronautical radio-communication bands 118-137, 225-328.6 and 335.4-400 MHz, the
frequency of all carrier signals or signal components carried at an average power level equalto or
greater than 10- 4 watts in a 25 kHz bandwidth in any 160 microsecond period must operate at
frequencies offset from certain frequencies which may be used by aeronautical radio services
43
Ordinance No. 1210
Page 44
operated by Commission licensees or by the United States Government or its Agencies. The
aeronautical frequencies from which offsets must be maintained are those frequencies which are
within one of the aeronautical bands defined in this subparagraph, and when expressed in MHz and
divided by 0.025 yield an integer. The offset must meet one of the following two criteria:
(1) All such cable carriers or signal components shall be offset by 12.5 kHz with a frequency tolerance of f5
kHz; or
(2) The fundamental frequency from which the visual carrier frequencies are derived by multiplication by an
integer number which shall be 6.0003 MHz with a tolerance of f 1 Hz (Harmonically Related Carrier
(HRC) comb generators only).
(b) In the aeronautical radio-navigation bands 108-118 and 328.6-335.4 MHz, the frequency of all
carrier signals or signal components carrier at an average power level equal to or greater than 10- 4
watts in a 25 kHz bandwidth in any 160 microsecond period shall be offset by 25 kHz with a
tolerance of �5 kHz. The aeronautical radio-navigation frequencies from which offsets must be
maintained are defined as follows: (1) Within the aeronautical band 108-118 MHz when expressed in
MHz and divided by 0.025 yield an even integer.
(1) Within the band 328.6-335.4 MHz, the radio-navigation glide path channels are listed in Section 87.501 of
the Rules.
Note: The HRC system, as described above, will meet this requirement in the 328.6-335.4 MHz navigation glide path band. Those
Incrementally Related Carriers (IRC) systems, with comb generator reference frequencies set at certain odd multiples equal to or
greater than 3 times the 0.0125 MHz aeronautical communications band offset, e.g. (6n + 1.250 f 0.0375) MHz, may also meet the 25
kHz offset requirement in the navigation glide path band.
[50 FR 29400, July 19, 1985]
§ 76.613 Interference from a multi-channel video programming distributor (MVPD).
(a) Harmful interference is any emission, radiation or induction which endangers the functioning of a
radio navigation service or of other safety services or seriously degrades, obstructs or repeatedly
interrupts a radio communication service operating in accordance with this chapter.
(b) An MVPD that causes harmful interference shall promptly take appropriate measures to eliminate the
harmful interference.
(c) If harmful interference to radio communications involving the safety of life and protection of property
cannot be promptly eliminated by the application of suitable techniques, operation of the offending
MVPD or appropriate elements thereof shall immediately be suspended upon notification by the
District Director and/or Resident Agent of the Commission's local field office, and shall not be
resumed until the interference has been eliminated to the satisfaction of the District Director and/or
Resident Agent. When authorized by the District Director and/or Resident Agent, short test operations
may be made during the period of suspended operation to check the efficacy of remedial measures.
(d) The MVPD may be required by the District Director and/or Resident Agent to prepare and submit a
report regarding the cause(s) of the interference, corrective measures planned or taken, and the
efficacy of the remedial measures.
[42 FR 41296, Aug. 16, 1977, as amended at 62 FR 61031, Nov. 14, 1997]
§ 76.614 Cable television system regular monitoring.
Cable television operators transmitting carriers in the frequency bands 108-137 and 225-400 MHz shall
..
Ordinance No. 1210 Page 45
provide for a program of regular monitoring for signal leakage by substantially covering the plant every
three months. The incorporation of this monitoring program into the daily activities of existing service
personnel in the discharge of their normal duties will generally cover all portions of the system and will
therefore meet this requirement. Monitoring equipment and procedures utilized by a cable operator shall
be adequate to detect a leakage source which produces a field strength in these bands of 20 uV/m or
greater at a distance of 3 meters. During regular monitoring, any leakage source which produces a field
strength of 20 uV/m or greater at a distance of 3 meters in the aeronautical radio frequency bands shall be
noted and such leakage sources shall be repaired within a reasonable period of time.
Note 1 to §76.614: Section 76.1706 contains signal leakage recordkeeping requirements applicable to cable operators.
[65 FR 53616, Sept. 5, 2000]
§ 76.616 Operation near certain aeronautical and marine emergency radio frequencies.
(a) The transmission of carriers or other signal components capable of delivering peak power levels equal
to or greater than 10- 5 watts at any point in a cable television system is prohibited within 100 kHz of
the frequency 121.5 MHz, and is prohibited within 50 kHz of the two frequencies 156.8 MHz and
243.0 MHz.
(b) At any point on a cable system from 405.925 MHz to 406.176 MHz analog transmissions are
prohibited from delivering peak power levels equal to or greater than 10- 5 watts. The transmission of
digital signals in this range is limited to power levels measured using a rootmean-square detector of
less than 10- 5 watts in any 30 kHz bandwidth over any 2.5 millisecond interval.
[69 FR 57862, Sept. 28, 2004]
§ 76.617 Responsibility for interference.
Interference resulting from the use of cable system terminal equipment (including subscriber terminal,
input selector switch and any other accessories) shall be the responsibility of the cable system terminal
equipment operator in accordance with the provisions of part 15 of this chapter: provided, however, that
the operator of a cable system to which the cable system terminal equipment is connected shall be
responsible for detecting and eliminating any signal leakage where that leakage would cause interference
outside the subscriber's premises and/or would cause the cable system to exceed the Part 76 signal
leakage requirements. In cases where excessive signal leakage occurs, the cable operator shall be required
only to discontinue service to the subscriber until the problem is corrected.
[53 FR 46619, Nov. 18, 1989]
§ Sec. 76.1704 Proof-of-performance test data.
(a) The proof of performance tests required by § 76.601 shall be maintained on file at the operator's local
business office for at least five years. The test data shall be made available for inspection by the
Commission or the local franchiser, upon request.
(b) The provisions of paragraph (a) of this section shall not apply to any cable television system having
fewer than 1,000 subscribers, subject to the requirements of § 76.601(d).
Note to § 76.1704: If a signal leakage log is being used to meet proof of performance test record keeping requirements in accordance
with § 76.601, such a log must be retained far the period specified in § 76.601(d).
§ Sec. 76.1705 Performance tests (channels delivered).
The operator of each cable television system shall maintain at its local office a current listing of the cable
television channels which that system delivers to its subscribers.
'�
Ordinance No. 1210
Page 46
§ Sec. 76.1706 Signal leakage logs and repair records.
Cable operators shall maintain a log showing the date and location of each leakage source identified
pursuant to § 76.614, the date on which the leakage was repaired, and the probable cause of the leakage.
The log shall be kept on file for a period of two years and shall be made available to authorized
representatives of the Commission upon request.
Note to § 76.1705: If a signal leakage log is being used to meet proof of performance test recordkeeping requirements in accordance
with § 76.601, such a log must be retained far the period specified in § 76.601(d).
§ Sec. 76.1803 Signal leakage Monitoring
MVPDs subject to § 76.611 must submit the results of ground based measurements derived in accordance
with § 76.6ll(a)(1) or airspace measurements derived in accordance with § 76.6ll(a)(2), including a
description of the method by which compliance with basic signal leakage criteria is achieved and the
method of calibrating the measurement equipment. This information shall be provided to the Commission
each calendar year via FCC Form 320.
§ Sec. 76.1804 Aeronautical frequencies: leakage Monitoring (CLI)
An MVPD shall notify the Commission before transmitting any carrier or other signal component with an
average power level across a 25 kHz bandwidth in any 160 microsecond time period equal to or greater
than 10-4 watts at any point in the cable distribution system on any new frequency or frequencies in the
aeronautical radio frequency bands (108 - 137 and 225 — 400 MHz). The notification shall be made on
FCC Form 321. Such notif�ication shall include:
(a) Legal name and local address of the MVPD;
(b) The names and FCC identifiers (e.g., CA0001) of the system communities affected, for a cable
system, and the name and FCC identifier (e.g., CAB901), for other MVPDs;
(c) The names and telephone numbers of local system officials who are responsible for compliance with
§§ 76.610 through 76.616 and § 76.1803;
(d) Carrier frequency, tolerance, and type of modulation of all carriers in the aeronautical bands at any
location in the cable distribution system and the maximum of those average powers measured over a
25 kHz bandwidth as described above in this rule section;
(e) The geographical coordinates (in NAD83) of a point near the center of the system, together with the
distance (in kilometers) from the designated point to the most remote point of the plant, existing or
planned, that defines a circle enclosing the entire plant;
( fl Certification that the monitoring procedure used is in compliance with § 76.614 or description of the
routine monitoring procedure to be used; and
(g) Far MVPDs subject to § 76.611, the cumulative signal leakage index derived under § 76.6ll(a)(1) or
the results of airspace measurements derived under § 76.6ll (a)(2), including a description of the
method by which compliance with the basic signal leakage criteria is achieved and the method of
calibrating the measurement equipment.
(h) Aeronautical Frequency Notifications, FCC Form 321, shall be personally signed either electronically
or manually by the operator; by one of the partners, if the operator is a partnership; by an officer, if
the operator is a corporation; by a member who is an officer, if the operator is an unincorporated
association; or by any duly authorized employee of the operator.
.�
Ordinance No. 1210 Page 47
(i) Aeronautical Frequency Notifications, FCC Form 321, may be signed by the operator's attorney in
case of the operator's physical disability or of his absence from the United States. The attorney shall
in that event separately set forth the reasons why the FCC Form 321 was not signed by the operator.
In addition, if any matter is stated on the basis of the attorney's belief only (rather than the attorney's
knowledge), the attorney shall separately set forth the reasons for believing that such statements are
true.
(j) The FCC Registration Number (FRN).
§ Sec. 76.614 Cable television system regular monitoring.
Cable television operators transmitting carriers in the frequency bands 108-137 and 225-400 MHz shall
provide for a program of regular monitoring for signal leakage by substantially covering the plant every
three months. The incorporation of this monitoring program into the daily activities of existing service
personnel in the discharge of their normal duties will generally cover all portions of the system and will
therefore meet this requirement. Monitoring equipment and procedures utilized by a cable operator shall
be adequate to detect a leakage source which produces a field strength in these bands of 20 uV/m or
greater at a distance of 3 meters. During regular monitoring, any leakage source which produces a field
strength of 20 uV/m or greater at a distance of 3 meters in the aeronautical radio frequency bands shall be
noted and such leakage sources shall be repaired within a reasonable period of time.
Note 1 to § 76.614: Section 76.1706 contains signal leakage recordkeeping requirements applicable to cable operators.
[65 FR 53616, Sept. 5, 2000]
47
Exhibit B
� ���€':ti�j { ��� ��'�i'3.rt.�;
L�€��kiC3$}�:1E1�1�� i}���It'E��i � � .1titla`c•��=I4��ctaa�� .
... ... .......:... _. �
%iGma�e3M�at1S:, � ;�r.��.', �art��t�r t':,��€s• ttrr�ct� . .
E'i't't'1'.7T'� «'�[4{�Ii€� � t:dt fi:3li.]�ns. 3_';+ .
. . . . . . Ai�7 5.�.51�v "ii . .1�"t1�2C:iE;:t II � "�i�: �1�:?�I � .
� t, I� t r�?�:'�- ttHfl�i
�n I r;3ie3a,> t 77I7iui�� �i .... {�1S I3 �I
"�� I�E)�..°�1r'tiial't#5 f, �.En��i 3' ht!tt� 1t�tC If I� 22�i
� _)*J:i1 i.iL.i � � aF'Yi�ii'I .,'+��. .
�e5etva�iS,:3 1�� a�1i t����,�� � {�t Ida�I .... i i
j { {' j,. � ��a. �:i ;i�Ii?I.?:,a f �. _� t2�V i4��K� �3-e rtMi:�(IIIIIUCtSE.%.� ���4'i�..
.... . . . .. . . . ..... . �.illi75l'it�P#F�,.i. 1�'1 . . .�.��i.
i�itE�tic�(e� k7r. Stc'.��,.� Ch��r€.ti � ( n5 I3:�:,$I .. . � .. . .
E-i't't'I,=.��) :'1j�I���i�a� .� I"t:�?5I itit�7 .}?. I FcSi.SI„�.r��.R14'l1i12'
. . . . � I�;��I��=.�:!€4. �:��. . ;� �'_:i
I='ilit�:�r t'�it A�31�::J��i�;: i?�t Ji:i�I. .
ECt CI`;r� r��i�e��t; vt?�v:t��G4��.; #;�il t4°:5��tt�Stce4•r
F I ����. �-IV ig.��d
Id�r�hEa3+ 11r..I:En ta..n. Ii:�•. t.0 I3atI �. �.
t�t'�` t'�, 71} �.n�9�t€€ta��.; ,ca�_�, td'� ..�: �: �. .[I!�7 ��ir:3E 1.e,,`c-;
� tltaFak..,=.:��;.:4�1 �i;:�:;�
IS€enretEi�p�!kt3�i 11,. i},..e�art K�tt�}' {"s7} i3�::It. �.
�'�� ��k'�3} ',SiAi��tSi I.;};iii5.�5SIl ,�.„�ih��,��.��tC,��ir.�.{a�'?':'4'��MI�;I:i��.
. . � . � . � €�tt:;tr��isiw;t �� S.7ti ti.i.�z�. � .
I�sirl��-��� t';t}�I;: t��iv £i��II. �� .
F'{'�..'�..'E=i7t �,7�'iHi;i t3�2ms,,r�tor �. ` 1;���cv[�.sl� �1t4.:ti.I�:,..
. . �e_�:*'_ i*iii� Fn3I,;v.1�;�'+41,5.. .
�1. E.t�4115J5iifF'. ��iC� �.�ti�5�453� { .'.1 ���*.��
i'4'{"{'?:i3} a41�.{:�'aa..', �'ati?�ip,:�.t}!f�1.ra i#:ait.�.1��7�tc�,uyk:i3ilt��{:
.. . . . . . . . �' � t5iii�ti i:kZ?�., ia,`l h�i.ii{�?. .
� a�a�c� i��ix�zi�°�• E ���p�t-�������t����tx�i�, ��a��kl�x�e=�,# �;��I��erl�3i
�w3�t��a��i��{.�Ic���. N�"r•��ilc�. ti�. I.c���i� ]xt��•�, 4i�a�ttl�I� *��=���i�.�i
�. . . . . . . .. .. . � . .- ....... . . . . ... . . . ... ... . ... . .. . . .
f'��r �.:{r�errrr �.
tiSpl<;: It.sA�t� E�:tt,f#a' . . �.� �,�. .. . s.. �. �.. . . . .. �..:�.: �. .. . ...53:?.�#a�._.
� �1 .v«I.�.:�[ I e�..ksS:'.4` I4:ti� C v.� Ea��F�EI,a��.'�i 3s;:-t�€3:»t�:k . �?,1:i..�.
�t �.GI ii�i�:;xc.St.i���:�.a:�3 . . d�..t��.
'.-is:ts.•s� F t�.•,; �. .. . . . . . . .:�i.�.
. ., .... .. ..... ..
� :�1t 4vla�ieEin. I����.i�. E"ai k�. . ..... . .... . . . . . .. . . . . . .. �+]tS.x:S�
� til:��itt��f',,� I��.F.... �. �t:�.��s"t ks�,' ��;4E{'.Iy;R.�{'{� M1M1�t.S.��3vF4P .. �,�#.?[��
I��.��� ���.s.a rS,.v��3,trtil .. ..... . ...... . .. . ':��w.�3i..
.1�.s s�.t'�c . ... . ...... .... ........_.. �_:3�.
13ic�t�oiyi�a�;Ec��i. i�.t �t� t::��? .� : . . �: �.: . . .:. �..: ��- ` - - - � �� �� :.�- - � - - � - -�.� g-�, a.�
.. :xt.a3tiJzu..I1 stl:�..,-c it.a��. t!x:. ��cetla.r�,_;3 tti�t�F�3�et.a . 'r? R:"s�.
J �..�. Ei:�ytt, 5�.�i,tE.E�t3 . . . ... , , . . =3 � �ij
.�,CL'•mti.W:. E ta.��.� ... ... . .. . � . . , ...�.. . � � . : , . . . . .. .� l�.i�.
� �' PI{t�#•1':, � �$:4rylt' 4 :i�:�4' . ..�, . . . . .�: , �. .. . . �..... �.: . ... ..4�.� �.ry5�.
._. �1.m���I:�rt€ 9 4i41;�sc.t� �e�ira'[ h:: purw'lata��.'i3 3�.�'�x��E3x�;�tck . �:'..Si�
���,.:. ]c���i� €3aa.�st4.. ;�t�3�.tla.i�c3 ....�...., ........::. ...... �i:;.k�i�.
? '.1�Eea< F Ut:�, .�.... . ... . . .. . .. . . . .. . . .., . . . .... . k:'r"?��.
� ........ t.ntti5l3:3rI�.I#��sicrC;�ttrt�.° ....... . . .... ..................`,i�ti.?�.�.
. �. �. . � 4t,:acl;ir�!� � �,� kit�...e t�'.:3�<'t �^r` ESu�"i15;5ttt� titi�t.Efuit�:} . =.3 i �
Ic����� E§<a..tc. `�C,savnl�t>t� . .. . . .. ...... .. ... �.i�i�.
`r�ti4'4+? �'V S'S� .. . ..... . . , . ... _ . . . . . . . ... ...� . . . . . . , t�{3.
�liE,;i#:i� f'cal�I��-���� � ������ �'sac�k��t��g•��r�•��ai���r�� �,1�� :1r���o�:�
IL.'ift5ti!?0.'I Pt't�.i£13i4'��}. . . . . . . . . . �. .. . . . ��t�7���:4.�t�kiflt.
... ��ki;�S:�E i'e�a'Gt#t` &'itck (iii .,Gd�l��i, ut:�s �#., �� �,. ;��:�ri�J n,i t a� 6.. �...�.w� . wt;.t�.7
1lart�i�. i'�bek .....�:�: �.:......�...�, . , . , ..�.........�..'. .....�._ q,�;.:
ti�airrt.wl'.t�k ..... .........: ._.._..:_....:_:.:.......:. -�.t?�
� ��II"3�k' �':oeicip i'itck ........., �...:�....,_.... .. ,:.,. . , ,.�. f,?7j:
� Iak�t`7'�w.liECk�i:.i� %.-:.3t3j;I].3:.6�;k' �.'.�tE��311c�4:: . .
.S0[4' i. EIYiS�'flElliii573iE� S:.ttlhti:lj;t (.:��t:7ti[3E�� .. �..� :.. .... .. :.:.:. . .. .� �. �-�.�}S.
� t rt�i�� ti !t'� � t` . .. . . .. .. . :.. . _-i ��ti
�.}}S'C333JUT31 i.:.��:3liiit�4:.�� . ..
EiIS�)w:.II3{�I71y3S. I'I3S` ��{/t'EC ��I7a�r�a�ei: �I���i+i`snae: S'[FiFt�
1 r..a�u�a�r S��me�� �i�.��: �.:��it�nr t�:� ����rs��is�,y. J sx �rl���.rC �a r�t�raa+.rt�.e.
li€ Itiz..��t�ii;r,i 3c�t3�:s�3.:.nc tfislla=}�i::xv�.ti�:
.-�.�sa ITxrc�kn,t,i.7^,tirtiw� .....:... .. ... �iifGti
."�Il�l : j'�I4��171I.iY5 :3kT;k:.:ii i"�:* . . , �. , . . . . , . � ... . � . .��. ; .. .. .�: : j.u,4�� .
ti�44' ? }�[4'7Il141lEi �t4't'Iki�^� �.�:....�.. ..........�... ��........... �........�.: �C�.C}�..
='t�cs .a�I�rc�a�ii��rt� 5�::^.,i�.c:, .. ;,.•i �}i�.
:� l�t'i�fniiiz�� *��.t�c.e:.w . . . .. ?i:Af'"v�.
.. ,. .. .... ..
i5�:l4i*�ki' � � . .. ... ......�.�.�... ...�_�_ ... ... (...y' {}i.��.
.`:�UC*.4 E'4C. `�III .�t.i'SI.}:; [.x ,., I�.Ei IAt;(I. n, n..q.m�,v.t., I1FIL. c�(�3Ii.5li�535.}I.;8it3 ..
rnrv. �2� ..�.: a� .�� ��7�.;7� .. i� .❑.-av r�,.I � �}�..t.gc u, �s , zt,�:.�: tC�.. . �:�s�„��
..�.��E�;� 2 �!�.a . ,. . ��i ,I t , t�:r�.��.<•x.� . .
i�i�:i�:�E 4'`:s}3E�� I'*ii k:a��E�;
I i4�:S�?4': E5i1t'L'� tIU 7Gtit� t3ll'�t:t:4 t':t�t14E�t€�:�t�t Ii�:4�.�. f'r�±,;,_,;ir:..ttr,'r
['t3,�itatt �.?.�el?�r .. _�.�_ .. .......:.... ...._�,. ... . . . ...�.��.� .. . . . . : h ��t) �)-� .
[)s�•its�l t'zs}.+�r �arx�� �.E'.�r7�i�iin.;��.�� �..... . . .. , � . .. . . . .. . . . . . . .... . ���t t?�� �.
£'cac5tl'a�t? t3'iiF� F�;..i�ar$ I{t�n�s�����..... � . ...... . . . t { 5
.. ..... ................. I�7t.ti �
G?�a�t:�i t.'��l+l> >ii�ei rG F}rx�r��icarais ' .... . . .: . ... . .:.':. . .. . .: :". i.; ayw
t"c}��a1�G> w3�ith E:ca�is€�F���r�r>�:r :.�_ . . . ..:..: ,� .. . . .... : : ..... . . . . ..:�.I I�S �tta �
�?� �JC�c3 t"';�i 3c :nac4 � ��ai..•ntiti���s . . �. . ... , . �. t 3'�..*.
. �.°�te�sl+c� 3a ��t� ��;�tittl. }y'iIE3�74'C . . . . . . . . ._ . . . . ° ° °_ . . . . . .� : j�7 cJ{.. .,,*,..
1�E��iCi�>��r�I �}�a�4ra���
1]a�'€{s�#lo J}€�nro,�ntE? [':ic° B"t'F 1'tt�s�:� .
I{it�[Z.t�Ia*..sws�k.,.�..... ,..,� ... ....:.....:�..�.:........�M�. x�.'�v?rn�f3•ic�.
.�cSa�IC�} vt}� }}t�� 4'ai�tv > . ..... ..... .. �... . . .. .....�. .. .. . . .� � 7�Y t3,�rr��tAax��i.a�. �
.�X�€�i�t� Rit�3 sr, t:�r� [A:.s�s.3ivcl�� .��.. . . . .. . ...�� . . . . �.� �.�. . ..� ��. . Iat )�,'ran.st=ic�.
.I;ren�itott�w ti�5 �ic.42yi�MILS-II�:E �4'4' CUi I �:ii�� �0 k�rxi,:c.��s.. � . ... . � ..
t'�SU�i�i t: ,sitftrrik� «rIk it� tt:s: d'��� I:?en��:vni3 y rx=;:�:s�tla:at
at}iJ3r�iIY75.°IlL 5'{It�.:C E3Yt°!7l[l3IiF {�I1;IEI�1t`I tiI5�.�44"�'�.i�(i5I1.�, . ..3 t}.t�:� .
ta�teo°�uiAitt�t;a] Iriaakj��0���;� �'Etzi�io�c•1�
�S.��tt5�� I�ss7.itJ.�taia�i' 'tiGtL+xxk. �['t� :��,t..t /.ec'��1`.:!
I �'I7'vii�i}GI : �.�.�., .. . .. .. . �. ..:.. . . . .. . :.. .�... . . . . . ...�; . , . . . �.�.�. �.G.tit;
I L' f��:�,� t� �*4•K�'�'��tsx iRt� [.�€�a�J}i�' ES�ItS ��r I�itl���r? .... ?-� �3i
I}i�.EtsE l�i�ia�aa It�ssiri9er �171��'S{} . .
�71�3���vrwiti:�tKx�t'i�l�`t.�....�. ..�.�.�....: ......:�.�.� .....:....:.: t).�}:i
E�i:'�2� �4��} i4�v iCxr i�l� S x3�ii��.I.1��.�c��� C';�I�I� �r Iy���t7:��-��� .. :.. .. �. .. ts �tti
1iu1Ci Jt�a�fn: [�13't .. .,_ . .... . . _ .. . . . . . . _ . . . .. . . . . „ i u.�7�
41u3tr�.��ItatAri�x [}3��:'I�.. 43�sI� I,}�s�r.iacl Ca�r��#c• t7t�.inrla�.:J .� . . � �� {t,t}i
._......._.
��.t�Fii�kC.i�d#aT�'� alllt�.�'rG�tBE�a0S3�kEiC �1�.l41`ti. .. . . . . . . . � . .
���'.{�ttk'dBB3i!t3i . � . . . �� . .
{.cF?I1'c'IIC".7� �31i% .: , .. . .......... �....� ........ ...... .......�... `��i.`)'i�.
E�ci�i�.x� � �'t=v�tceal .: .. . .. . : .' .. . .. : . . . . . . . . . .: . . . . . . . ty.:�r�
'Yx31'Im'a1t}7' .:�.:: �..........�...�, �... .... � .,..... � . Y �!.(��
��1lEi..F��a..t�ti}t3:`�..t36�S7t:::�i!?.E1 . � . . .. , � .. • � •.
in�.sc��(::ii�7� r i,�.�a ir.��,t Y�m;3ra �:.� �... . . ..: �.�. . . . .�. .�. . ._ .� �. .�. �. �... ^�,�� x.�.�
�E7cE;7��:s9i�}�S t�lit ktii9�';3 jUllik`I �.��. . . .. � �..: �: �. . . ...:�. .� �..:. . . : �. _�.....�.. �=:. <?:5
,iL�x4G�lts[iN} F.}S1C�GI� �el����CTl4' n3 si�.:t�(l� ��_.....:...�_.. .:.... .......... 1t�.:�€
.laicliti��v�a� C�#tatltit �r���t���ira�a;� �.s°1�v�r;�tz� tsy��� .... ......�..... ..,�. , �};+;+
{ t[ t��;�: t..a�5'�}I tai .4:;r} �.:: . . . ,�: . . . . � . . . . . .... . . . . . . . .. . . � tY(}.
�1�riE! £.'ti�tik�' '�+..t'cjU.iCIEIy .ic'�} t;..il t€� :td�.> �:ai,3 c't4.'r. S'4°7t. I}4�P2� �. ... .
r,:rnc*t�e ec3�5�rir€ c�r �r��a77io���a �t��3���x� . . . ... . . . ..... . ... . .. . . �?.tF�k
�.f }Y�li'k' f.���7,iR'�;.{'S � . . . . .
�CC i=��:i'�°Gt��
l}i:v.e��ral�E•.� .;{.Ka.l, . ��.�.�a;C�71�k`a :i}�..?t ....�...�..�.... .�...� ........ ...... � £Iltf�.�ii�x.
P3co-urlr Scrv�t..' C'ir�r�_: . . . . . ... _ . ....._ . . . . . .. . ... ... . . . .... �... ,'i.;�i:I� .
{"h;is�nc[0��{a!�E�1c.�..��:�.......:':�.�,. �. .. � .. �. . „ia3;�cics,-.
t.'s1�3a {�tti41 ..�r..�.:......�.; :.�....... �..�". "...:�' �"""' .: �.�.. l ?�;tizuf:��.
�.itiGE'i:.4'. ....��:�.::�....�.�.�....:..........:..�. .......<.�-.�..�..��.:.�. a.��ii�
�UiilC7E�`.�j {� �St!.� E'i�W, � . . . . ........ � . . � . : . .� � , . � . ..�.. . . . .. . , , ?,{I {j{}
:}°>S. €krrs�7as��xs ���aal�..: 3•.�sa •r��� �4•�.��Iti7a� r7. [�i�isv�.:�.li°���ra4�r 3aii1 ir�i� �tiCt3'`t1I i5 rz �Ik�rs�a}'Iz
� i�i tt:c` �'C;{ �r7=�u.�t It:.v�,l i.�ar5• i°�ttc >rm �, i��$ r,..Ia:' h.�.ty �x.�.r iu t�,��, e. i€t*�t3 c r��'j;.u,. �
tt �'d,4't.{E741't+ I. LI7:.t Stli ai+M1tsurliic7 '.���m rt ft�l sUi4ri i�x �.��f�srsc3 �ar
.�n�c,.. at'.ttix,.t3.�«.t':in�tc��n.Urtf�i.����..3ttr�:.�:tt�ci ��r.�.��s=.£d(4t�.il�4iil:�itl5ill�!,t'
E�Yi?.3!.' �:::i'17 G t Y_C_Cti�i4!.i.. Ic���71JI.�! 1 u��n,: t:s:tv r aI r,ai. �C�.�I;(���.t .i�:s;�lr;�a, ;s tlir�� ..
�.3a.t�caSCl�i�r �ti;IS:*. �k�t�7ilk.i t ? �-t7:�rii�;1, �Ett:;��,�d :isr,I SI;4' [51IIfIt}�.'1't4�'.:(1�i�11T14S+ ia•i�t�ir7 .....�'.
1�5ikt A:'i1'.�s .i[s...1.;3..iI����1L1�..�� t'tijslk���c��.��Et rv�a}° h. li4t�.'*;t�T4 il! T'Ctii�'i. E*rUr�eiun7.
i...1%.,i,,.:?n��#'{5�.�;;n. k[k:,I�f��� � i.':1;SUItI ���,4ivai_ti.. i�3'l�.U,k..�4'..4#5 iU�t�iil4�i5 7it y.�}4 I.19�SIIii�'i.
�S�,IAIt�5k7'�I14V t1'ij.�..�Iy'iCd's �}.Aii.I?'.'. E 1'Ei4i ,�t;5(��4': F'tk�sl4CItII':ti €1}Is 4��1si'.I�Pi [4 tII�S�t'('%
�t� t}.?�Y tii�:.�� .:i�c., i..:': <t(!j'+ti t'*.�1' �F.2(i��ilSC E�'t•.:.. .... . �
It�tac• �i`�ti`E1�f° ��t;'�o'ti�x�:�l in�eeosc�t �ie�-��d�r�;
�3i�,ah ��r�c+el Int�rnt�t P'ro4��i�r� � t_.�F?iri
J2c�;��.c3� F�.unr7cr ���r. �.�..�. . . . ..:'. . ; . . . . . .. �.. , . . . . , �.�.. . . . . : ;. k �.S.c}i
�tia:t:� FZ.��t7n��� �75£'.?t13iIEt1 li'FIII 1�`sct[ � 4c'rl ie�::' . . ,.: � .... ... . . . . . ..�. ..� . �}t),t}i
3ic�.ka�� �i�ar�r�er Iteca�5sc�r�i ., . , .�... ._ . . ... . . . . .. . ._.,� .. . . ,. . , .�. . ;�.a.. i}%
ittbct���..iEi.i: . . � .... �_ . � . _ � . . � . . . . . . . . � . . � . . . . . . . . .. ...... . •a��.`i;t
l�.;a� ilsE iri�. I�r,•s�iaa�4�7� . .� �.�., . . . . . . .: . . . . . . . . . . . . . . . . . . . . :?. ttx
[rrtcr.r.�C .....: ' ........::......:'........:.......:'.'.. �-d.#}:*
a{��r��E� tiiovxt�A�ri....ia.F;..:�,.�.�........ ..�...�..:�_..�....,.r�...... _�..�,. {t.�33
Eesti#€���:�Ciit�a t�it:ta't!a•�.�•� !'r�rrr:-.
I� .F7 :l'.5�=,(.tI F3ISk'YI54'( Io�.,.II,��a�t€� S�f:�r z:ctar��nrit•�s , . �. �, . .. * �a.tata
,
�I�1�itt.' ��>4'S1kclJ'?.Iit'�.:i:SE;:tI �fsil'ii��c:�.�. �.............. ......... ''{�'�.7:��
('�5.��.�t3����.�,�nv14 E�t'�.����!'tt°t o�s�zvii ii� �.slt:a�sc,��} ..... . ... ...... 35.�d(x
il`i�'cJs,'.,;s �v7;,t�o3l�a[cr�n . . . :.. �. . . . . . . . ..:�. . �. . . . .�. <. �... . , . . �. . : . vi:(}{}
i.f5.�it�?�..'���}t � ..:..........:.�..........�...�.. � � .� . ��.'t;*.
�t�t'p',i�'sk� �k�I{3fit:`��� . . . . �.�t.: �tf,�xr,�1,'.
��3;�"7E�.4� Y�.I4}3I4.. . . . . . . . . ... . . ...... . . . . . . . .� . . . . . . . . .. . . .. . V,'ti}.t�.y
v�.x �th. Isi; h s�atUtl �c�tt<.��i�t sr�ali�ar �ta��,.a.L �n (}��,s�r�1 t;ih6 � K'k..;�.t . ..
3�aa?�t��I�.T"hcr€74: tt��B�Ii ti.t,�t {'.a�IA�l . .. . . ... ... . _ .. .. :,`7�
77;k�[:kl J:'kitxs��.' 4E•�rw,:ic't' S}i�lt' ,., ....:�...:... �.. . .�...�..�... . �. ::��.�... -"� ��:i.