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HomeMy WebLinkAbout4/16/1991 - RegularA N ,~ F ,_ a 9 Z 18 ~ 88 +ESQUICENTENN~~ A Bt~r~i(wlBt~ww~wg (~auntg of ~nannke ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA APRIL 16, 1991 ' ~ ~ ~~9 ~8 ~9 Regular Board of Supeivi o rth e1~e day at 3:00 Welcome to the Ro n t e second Tuesday and the meetings are held o ,m on the fourth Tuesday of each p,m. Public hearings are held at 7:00 p month. Deviations from this schedule will be announced. P.M. A, OPENING CEREMONIES (4:00 P.M.) 1, Roll Call AT 4:07 P.Me RwR A1tRIVED AT 4~5 P.M. g, READING OF ORDINANCES 1, Second Reading of Ordinance authorizing a E. Websteron of a 0.108 acre parcel of urad Addition Project. for the Bushdale Road R 0-41691-1 HCN MOTION TO AD S~ ~• AYES LBE, BLOT, HCN, ABSENT-RWR 2, First Reading of Ordinance adopting the Roanoke Valley cable television ordinance for Roanoke County, Virginia. BLJ MOTION TO APPROVE 1ST READING 2ND - 4/23/91 URC C. BUDGET WORK SESSION BOARD CONSENSUS THAT STAFF PREPARE VEHICLE REPIACEMENT POLICY HCN ASKED FOR LIST OF CAR PHONES AND WHERE TAY ARE LOCATED D, REGULAR SESSION BLJ MOTION TO REALLOCATE FUNDS ($55,325)~O S~ FE OR VEHICLES NOT INCLUDING EME oG~D Co~INGENCY FUND SHERIFF'S VAN TO THE 1991-92 B AYES- RWR,BI{T,HCN NAYS-LBE,SAM HCN MOTION THAT ALL NON-EMERGENCY VACANT POS OIONS BE FROZEN, WITH JUSTIFICATION FOR FILLING ~ POSITI BROUGHT TO BOARD FOR APPROVAL DEFER AYES-RWR,HCN NAYS-I~E,BL~T,SAM HCN MOTION TO AUTHORIZE THE COUNTY ADMINIS OF O ~ O CUT $400,000 FROM 1991-92 NON-PER.S SErT ASIDE IN RESERVE GENERAL FUND, WITH FUNDS TO BE ACCOUNT - NO VOTE LBE SUBSTITUTE MOTION TO AUTHORIZE THE-P ~ONNEL, ADNHNISTRATOR AND STAFF ~ ~ FOR NON-SCHOOL PORTION OF RECO11~IlyIENDATIONS OF $400,000 CUTS TO BE BROUGHT TO BOARD ON 4/23/91. AYES-LBE,BLJ,SAM NAYS - RWR,HCN BLJ ADVISED $55,325 SAVED BY NOT- PURCHASING VEHICLES CAN BE INCLUDED IN $4x1,000. E. EXECUTIVE SESSION HCN MOTION AT 8:10 P.M. TO DISCUSS LEGCONTRA~ UVV REGARDING NEGOTIATIONS ON IANDFILL F. CERTIFICATION RESOLUTION R-41691-2 SAM MOTION AT 8:34 P.M. URC D, ADJOirRNMENT RWR MOTION AT 8:35 P.M. URC ` ~~~~~ 4111 ~ 9 /r ' , 2 ~~~tYi~~~ t ~n~ ~~ C~~ ~s ~ sa ' tE~0U1CEN?ENN~'~ ~• / •~ •~ s~.~~~w~e.~r~.~~ A M E N D E D ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA APRIL 16, 1991 Welcome to the Roanoke County Board of Supervisors meeting. Regalar meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Pablic hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. THIS IS AN AD OURNED MEETING FROM APRIL 9 1991 FOR THE PURPOSE OF READING OF ORDINANCES AND A BUDGET WORK SESSION. PLEASE NOTE THAT THE MEETING WILT BEGIN AT 4:00 P.M. A. OPENING CEREMONIES (4:00 P.M.) 1. Roll Call. B. READING OF ORDINANCES 1. Second Reading of Ordinance authorizing the acquisition of a 0.108 acre parcel of land from Mamie E. Webster for the Bushdale Road Rural Addition Project. 2. First Reading of Ordinance adopting the Roanoke Valley cable television ordinance for Roanoke County, Virginia. C. BUDGET WORK SESSION D. ADJO ACTION NO. ITEM NO. ~ " AT A RIRGIILAR M HELD AT THE ROANOKE OCOUNTY RADMINISTRAT ONOCENTER COUNTY, V MEETING DATE: April 16, 1991 AGENDA ITEM: ORDINANCE AUTHORIZING THE ACQUISITION OF A 0.108- ACRE PARCEL OF LAND FROM MAMIE E. WEBSTER FOR THE BUSHDALE ROAD RURAL ADDITION PROJECT COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY' This is the first reading of the proposed ordinance to authorize acquisition of a 0.108-acre parcel of land, together with all right, tidale Roadn from Mamie E. Web ter for the Bushdale Road known as Bush Rural Addition Project. BACKGROUND' On December 19, 1989, the Roanoke County Board of Supervisors approved the acquisition of right-of-way necessary for the upgrade of Bushdale Road to Secondary Road Standards, which involves the relocation of a portion of Bushdale Road,~requiring the purchase of some road r o h thefGeneral Fund Unappropriated Balance ht proceed $15,000.00 fr with right-of-way acquisition, based upon the fact that the road construction is provided by VDOT through Rural Addition Funds, but the costs associated with engineering and right-of-way acquisition are funded by Roanoke County. SUMMARY OF INFORMATION: Mamie E. Webster is the owner of a tract of land abutting Bushdale Road and designated upon the Roanoke County Land Records as Tax Map No. 79.03-5-81, as shown on the attached map. Improve- ment of Bushdale Road involves the acquisition of a parcel of land, consisting of 0.108 acre, together with all right, title and interest in and to the existing private Bushdale Road, from Mamie E. Webster. Mamie E. Webster has not agrursuant tonauthorization0ofathe parcel to the County. Therefore, p r3F1 Board on December 19, 1989, Staff proceeded to obtain an appraisal of the estimated fair market value for the proposed acquiraisal from Earl G. Robertson, MAI, SRPA, of Commonwealth App Company. The appraiser's opinion is that the estimated market value of the proposed acquisition is $1,473.00. Staff has offered to purchase t~ val bbyc the Boarded Mamie oE. way for $1,473.00, subject to app Webster has agreed to accept the offer. FISCAL IMPACTS' Board authorization for the subject acquisition would involve no immediate fiscal taken .from the funds previouslypallocatedmby E. Webster would be the Board for this project. ALTERNATIVES' Alternative Number 1: Authorize the acquisition of a 0.108- acre parcel of land, together with all right, title and interest in and to the existing private road, known as Bushdale Road, from Mamie E. Webster for the Bushdale Road Rural Addition Project for the sum of $1,473.00. Alternative Number 2: Delete Bushdale Road from the Rural Addition List, due to cost and concerns involved in acquisition of right-of-way. Previously, Roanoke County has assumed the position that the propert for nursrade lof dpr vate rroadso to Secondary Road Roanoke County Pg Standards. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors adopt an ordinance authorizing the acquisition of the 0.108-acre parcel of land, together with all right, title and interest in and to the existing private road, known as Bushdale Road, from Mamie E. Webster for the Bushdale Road Rural Addition Project for the sum of $1,473.00. Respectfully submitted, V~~"'~ Vickie L. Huff n Assistant County Attorney _""" Approved ( ) Denied ( ) Received ( ) Referred to Action Motion by Vote No Yes Abs Eddy Johnson McGraw Nickens Robers AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 16, 1991 ORDINANCE AUTHORIZING THE ACQUISITION OF A 0.108-ACRE PARCEL OF LAND FROM MAMIE E. WEBSTER FOR THE BUSHDALE ROAD RURAL ADDITION PROJECT WHEREAS, Bushdale Road is a private road located in the Vinton Magisterial District of Roanoke County; and, WHEREAS, Bushdale Road has been placed on the Rural Addition Priority List for upgrade of the roadway to state standards for acceptance into the State Secondary System; and, WHEREAS, on December 19, 1989, the Roanoke County Board of Supervisors approved the acquisition of right-of-way necessary for the upgrade of Bushdale Road to Secondary Road Standards and appropriated the sum of $15,000.00 from the General Fund Unappropriated Balance to proceed with right-of-way acquisition, and; WHEREAS, it is necessary to acquire a certain parcel of real estate consisting of 0.108 acre, together with all right, title and interest in and to the existing private Bushdale Road, from Mamie E. Webster for said improvements; and, WHEREAS, Roanoke County Staff has negotiated an agreement to acquire said parcel and right-of-way from Mamie E. Webster; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on March 26, 1991, and the second reading was held on April 9, 1991. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: Q-l 1. That the acquisition and acceptance of a certain parcel of real estate consisting of 0.108 acre, together with all right, title and interest in and to the existing private Bushdale Road, from Mamie E. Webster for the sum of $1,473.00 is hereby authorized and approved; and 2. That the consideration of $1,473.00 shall be paid from the funds previously appropriated by the Board of Supervisors from the General Fund Unappropriated Balance for costs of engineering and acquisitions in connections with the Bushdale Road Rural Addition Project; and, 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition, all of which shall be on form approved by the County Attorney. a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 16, 1991 ORDINANCE 41691-1 AUTHORIZING THE ACQUISITION OF A 0.108-ACRE PARCEL OF LAND FROM MAMIE E. WEBSTER FOR THE BUSHDALE ROAD RURAL ADDITION PROJECT WHEREAS, Bushdale Road is a private road located in the Vinton Magisterial District of Roanoke County; and, WHEREAS, Bushdale Road has been placed on the Rural Addition Priority List for upgrade of the roadway to state standards for acceptance into the State Secondary System; and, WHEREAS, on December 19, 1989, the Roanoke County Board of Supervisors approved the acquisition of right-of-way necessary for the upgrade of Bushdale Road to Secondary Road Standards and appropriated the sum of $15,000.00 from the General Fund Unappropriated Balance to proceed with right-of-way acquisition, and; WHEREAS, it is necessary to acquire a certain parcel of real estate consisting of 0.108 acre, together with all right, title and interest in and to the existing private Bushdale Road, from Mamie E. Webster for said improvements; and, WHEREAS, Roanoke County Staff has negotiated an agreement to acquire said parcel and right-of-way from Mamie E. Webster; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on March 26, 1991, and the second reading was held on April 9, 1991, and April 16, 1991. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of a certain parcel of real estate consisting of 0.108 acre, together with all right, title and interest in and to the existing private Bushdale Road, from Mamie E. Webster for the sum of $1,473.00 is hereby authorized and approved; and 2. That the consideration of $1,473.00 shall be paid from the funds previously appropriated by the Board of Supervisors from the General Fund Unappropriated Balance for costs of engineering and acquisitions in connections with the Bushdale Road Rural Addition Project; and, 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition, all of which shall be on form approved by the County Attorney. On motion of Supervisor Nickens to adopt ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Johnson, Nickens, McGraw NAYS: None ABSENT: Supervisor Robers A COPY TESTE: Mary H.yAllen, Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney John D. Willey, Director, Real Estate Assessment George Simpson, Assistant Director, Engineering AT AN ADJOURNED MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 16, 1991 RESOLUTION R-41691-2 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McGraw, and carried by the following recorded vote: AYES: Supervisors Eddy, McGraw, Johnson, Nickens, Robers NAYS: None A COPY TESTE: l`~' . ~ Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Executive Session File ACTION NO. ITEM NO . ~ '~ AT A REGULAR MEETING OF THE BpONOKE OCOUNTY RADMINISTRAT ON OCENTER COUNTY, VIRGINIA, HELD AT THE RO MEETING DATE' April 16, 1991 ENDA ITEM: • ORDINANCE ADOPTING THE O ~OCOUNTY L VIRGINIA ELEVI- AG SION ORDINANCE FOR ROAN COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: Extensive negotiations w successfully concluded which benefits for Roanoke County The proposed ordinanc utath documents which will p renewal into effect. ith Cox Cable Roanoke, Inc' increased will result in substantially as a result of a franchise renewal. franchise agreement are the legal e negotiated terms for the franchise BACKGROUND' notice from Cox Cable Roanoke, Inc. in 1987 Since receiving that it wished to exercise itsolegal rights to renew its franc ise s stem servicing a substantial to operate a cable televise Y overning bodies concerned portion of the Roanoke Valley, the three g have devoted significant time a d ~ e Cox cCable andc the future existing level of service provide Y otiations between needs for the valley. Lengthy face-to-face neg an outside the Roanoke Regional Cable TV Committee, assisted by consultant and legal counsel, any h of 1991e c Duee to the complexir of 1990 and were concluded in Ma t of issues involved, the Board has twice extended Arilab~e Y s expiring P Roanoke's franchise for a tot eration2ofd t eir cable television 1991, to permit continued op system pending finalization of a new franchise agreement. SjJ~ARY OF INFORMATION The new franchise agreement agreed to by Cox Cable Roanoke, Inc. for extension of their caba n television franchise within the Town of Vinton, as well portions of Roanoke County, inclu g as the City of Roanoke provides for significant improvements of the previous franchise terms as follows: 1, A 1~ increase in the franchise fee to 5~, effective July 1, 1991. ~° °~ 2, A rebuild or up-grade of the entire cable distribution system to 450 Mhz wi~oh carry programm ng during normal channels, 40 channels viewing hours. 3, A detailed commitment t ° 221eSd and 220eS twith n four Roanoke County along R years. 4, A capital grant of $480,000 within three years to fund an institutional studio and other equipment for use by the school system and government agencies. 5. Construction of an In sionu sio pals from 21 governmental which will allow televi Stream" for retransmission sites to be transmitted "uP- stem. over the cable distribution sy 6. Free cable service to all schools and governmental buildings passed by the cable distribution system. ~, Provision for 3 PEG (Public, Educat and 6&additionaltPEG channels, if requested, initially channels within 4 years. ear franchise term with provision for g, A twelve (12) y 6 ears to review of franchise operations after six ( ) Y insure compliance with agreement on extensi an oe ~5rvice, rebuild, capital grant and franchise fee p ya- g, Agreement to "interconnect" with adjoining cable televis- ion franchises, if technically feasible. ~~ Studio" to be provided by Cox Cable Roanoke, 10. A Community Inc. for use by the public and Cox Cable for cable cas - ing. 11. Detailed standards for timely handling of subscriber hone calls and complaints, and stan- repair requests, p dards for both system wide operations and technica performance. 12, Creation of a Roanoke Valley Regional Cable TV Committee (CATV Committee) to oversee and coordinate the implemen- tation of the new franchise agreement and continuing compliance. the denisty requirement of units per mile One issue involving the franchise into any which would require extension of service by areas beyond those for which extfranchise agreement~requirednCox paragraph 3 above. The previous "at least n Cable to serve all subscriberer lstreet sm le tain CS Cable has thirty-five (35) subscribers p 25 units proposed a requirement to provide service in areas having ,[ -~ aerial cable and 40 units per mile servedhba ~s outside expert, O• D• Page, per mile served by The County underground cable. irement of 20 units per mile for aerial and urged imposing a requ 30 units per mile underground. FISCAL IMPACTS' nticipated that the additionao 1~ P ranchise fee wil f a roximately $50,000 It is a result in increas on current gross revenues of Cox Cable Roanoke. per year based up ALTERNATIVES' .rove the proposed ordinance aexecuteedthed Franchise 1' App Administrator to the County Inc. on behalf of Agreement with Cox Cable Roanoke, Roanoke County. cline to adopt the proposed ordinance and direc otiae 2, De Roanoke Regional Cab1Re TV Committee to continue n ion of oanoke, Inc. with specific instruc- tions with Cox Cable standards for Extens tions as to the density Service provisions of the Ordinance. STAFF RECOMMENDATION: Staf Cable ~ le di onto di ance proposed Action Approved ( ) Motion by Denied ( ) Received ( ) Referred to __~ # 1 and the adoption of the and franchise agreement. Respectfully submitted, /j ~ / ~ . ~~ ,, Joseph b shain Attorney Senior A sistant County Vote No Yes Abs Eddy Johnson McGraw Nickens Robers ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 16, 1991 ORDINANCE ENACTING THE ROANOKE-VALLEY CABLE TELEVISION ORDINANCE FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Cox Cable Roanoke, Inc. currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke County as part of a valley-wide cable television system; and WHEREAS, intense and lengthy negotiations have continued for a period of several months between Cox Cable Roanoke, Inc. and the County of Roanoke, the City of Roanoke and the Town of Vinton, Virginia, for the renewal of this franchise which was extended for a period of 120 days from the expiration of the current franchise agreement on December 31, 1990, by Ordinance # 121890-17, and Ordinance #22691- 5; and WHEREAS, these negotiations have produced agreement as to the terms of a new cable televison ordinace and franchise agreement which will provide substantial improvements in channel capacity, franchise fee, areas of cable service, public and governmental access, capital contributions and customer service for the citizens and agencies of Roanoke County and the other participating governments; and WHEREAS, Cox Cable Roanoke, Inc. is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal ~ -2 law; and WHEREAS, the first reading of this ordinance was held on April 16, 1991, and a public hearing and second reading of this ordinance was held on April 23, 1991. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the attached Roanoke-Valley Cable Television Ordinace be enacted as Title _ of the Roanoke County Code and the County Administrator is hereby authorized to execute any franchise agreement or other documents necessary to grant a non-exclusive franchise for operation of a cable television system in the County of Roanoke, Virginia to Cox Cable Roanoke, Inc. 2. That Ordinance No. 1178 "GRANTING A FRANCHISE FOR A CATV SYSTEM IN ROANOKE COUNTY" adopted January 28, 1975, is hereby repealed. 3. That this Ordinance shall be in full forcee and effect on and after the first day of May, 1991. -°' ROANOKE-VALLEY CABLE TELEVISION ORDINANCE COUNTY OF ROANOKE, VIRGINIA TABLE OF CONTENTS 1 . 1 DEFINITIONS , 15 2 GRANT OF AUTHORITY . 15 , 2.1 Franchise ' 2.2 Street and Ri ht-of-Wa Use Not Exclusive 15 , 2,3 Compliance required ' 16 , 2.4 Ownership of Cable System 16 16 Grantee to Own 2.4.1 ' 2,4,2 Sale or Transfer of Franchise, or Chanae of Control of Grantee 16 Notice to Grantors 2.4.3 ' 17 2.4.4 Effect of Unauthorized Action 18 18 Foreclosure 2.4.5 2.4.6 Receivership or Bankruptcy 18 2,4,7 Grantor to Assume Control • 19 19 , 2.5 Police Power. ' 19 , 2 , 6 Public Works Extension Policy 2.7 19 20 Extended Service Areas 2.8 Provision of Service 2.9 21 , 2.10 Operation Upon Revocation 21 2.11 Extension of Term by Grantor. 21 Business Office 2.12 ' 22 22 Written Notice 2.13 • 23 Reimbursement. 2.14 ' 23 Certification 2.15 ~ • 23 2.16 Consent 2,17 Imposition of requirements on Grantee 23 , 24 3 GRANTEE PAYMENTS TO GRANTOR . i Performance Bond 35 8.3 35 g,4 Cash De osit or Letter of Credit . Cancellation Notice 35 8.5 • , 35 g,6 Evidence of Insurance , 36 g,7 Approval of Insurance Company Chancres in Limits 3 6 8.8 ' 36 9 SERVICE PROVISIONS 36 9.1 Performance 36 9.2 Itemized Bills 36 9.3 , Chance in Channel Array ' 37 9.4 Notice of Rate Chanaes ' 37 9.5 Disconnect Chartres • g,6 Rate or Service Discrimination; Special 37 Classifications - 37 9 , 7 , Free Basic Service 38 g,g , Emergency Power ' g,g , Emergency Override . 38 9.10 , Emeraency Communications. 38 39 9.11 State of the Art • 9.12 Subscriber Antennas• AB Switches 39 . 40 9.13 Tree trimmincr ' , 40 9.14 Dro s . 9.15 Installation Time ' 40 9.16 Parental Guidance Control. 40 9.17 Complaint Policy ' 41 9.18 Call Recordincr Service for Current Known Outa ges 41 , 41 10 ENFORCEMENT 41 10.1 Performance Bond• Letter of Credit . 10.1.1 Performance Bond 41 10.1.2 Letter of Credit 42 10.1.3 Call of Performance Bond• Letter of Credit 42 42 10.2 Forfeiture and Termination• Penalties. . 10.2.1 Forfeiture and Termination 43 iii 3.1 Payments 24 3.2 Conditions of Acceptance _• 24 24 4 INSTALLATION CONDITIONS 4.1 Reservation of Rights 24 4,2 Underground Easements 25 4.3 Installation 25 25 4.3.1 Plans 4.3.2 Construction; Permits; Supervision; Ap proval 25 4.3.3 Emerctencv Rebairs 26 4.3.4 Barriers; Lightinct 26 4.4 Relocations 26 4.4.1 Temporary Relocation 26 4.4.2 Permanent Relocation 27 4.5 Installation; Compliance with Codes 27 4.6 Joint Use; Safety Rules 27 4.7 Interconnect 28 4 , g Identification 28 4.9 Restoration; Repair 28 5 TECHNICAL REQUIREMENTS 29 5.1 Technical Standards 29 5.2 Construction Standards 31 6 TESTING 32 6.1 Performance Testing By Grantee 32 6.2 Performance Testinct Required by Grantor 32 7 LIABILITY OF GRANTORS 33 7.1 Liability: Hold Harmless 33 7.2 Expenses 34 8 INSURANCE ; BONDING 3 4 8.1 Insurance Coveracte 34 g,2 Additional Indemnification 35 ii 45 . 10.3 Penalties 10.4 Procedure for Revocation of Franchise or Imposition of Penalties. 47 10.4.1 Notice and Opportunity to Cure. 47 10.4.2 Hearinct 47 10.4.3 Computation of Penalty 48 . 10.5 Force Maieure; Waiver 48 48 10.5.1 Force Maieure 10.5.2 No Waiver 48 10.6 Removal After Expiration or Revocation; Option 48 to Purchase 10.6.1 Remova 1 4 8 10.6.2 Disposal 49 10.6.3 Option to Purchase 49 11 ROANOKE VALLEY REGIONAL CABLE TV COMMITTEE ("CATV COMMITTEE") 50 11.1 Members. 50 11.2 Terms of Office 51 11.3 Meetings 51 11.4 Powers and Duties. 51 12 COURT AND REGULATORY AGENCY REPORTS AND FILINGS 53 13 ACCEPTANCE 53 14 TIME IS OF THE ESSENCE 53 15 APPLICATION FOR FRANCHISE 54 15.1 Identification. 54 15.2 Description of Applicant. 54 15.3 Application 54 16 REGULATORY CHANGES 56 iv • 56 16.1 General Rate or Other Regulation. 57 16.2 - • 57 17 OPEN BOOKS AND RECORDS • 58 18 SEVERABILITY • 19 SERVICE AND REPAIR STANDARDS 58 19.1 Repair Capability. 59 59 19.2 Notice 59 19.3 Repair Procedure 19.3.1 Reports to Grantors. 60 60 19.4 Refund for Outage. 19.5 Billing Practices. 60 19.6 Pro-rated Service. 61 19,7 Disconnection for Non-Payment. 61 . 61 19.8 Records . 20 CONSUMER STANDARDS 62 62 20.1 Mean time between failures. 62 20,2 Mean time to repair. 20.3 Subscriber Down Time. 62 20.4 Mean Time to Install 62 20.5 Service Calls (Repairs) 62 20.6 Telephone Waiting Time. 63 21 PRIVACY 63 21.1 Installation of Equipment. 63 21.2 Monitorinct. 63 21.3 Subscriber Lists or Information. 64 21.4 Protection of Privacy. 64 22 PRIOR INCONSISTENT ORDINANCES 64 . . 23 NON-DISCRIMINATION 65 v AN ORDINANCE PROVIDING FOR ONE OR MORE NON-EXCLUSIVE FRANCHISES TO CONSTRUCT, OPERATE, AND MAINTAIN ONE OR MORE CABLE TELEVISION SYSTEMS WITHIN ROANOKE, VIRGINIA, VINTON, VIRGINIA, AND ROANOKE COUNTY, VIRGINIA. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS ROANOKE-VALLEY CABLE TELEVISION ORDINANCE ("CATV ORDINANCE") 1 DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, 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 always mandatory, and not merely directive or indicative. The word "may" is permissive and indicative, and not mandatory. 1.1 "A-B Switch": Ahigh-isolation switch used to select between two input signal sources, e.g., an off-air antenna and the cable television subscriber drop. Services provided by or 1.2 "Access Cablecasting": through a cable television system on its public, educational, local government, and/or leased Channels. 1.3 "Access Channels": Designated Channels providing for nondiscriminatory use of the Cable System by the public, government agencies, and educational and other institutions as defined below: Designated 1.3.1 "Educational Access Channels": 1 Channel(s) allocated for non-commercial use by the local educational authorities and institutions, i.e., public and private schools, industrial training centers, community colleges, colleges, universities, and other institutions of learning. 1.3.2 "Government Access Channels": Designated Channel (s) allocated for non-commercial use by the City of Roanoke, County of Roanoke and the Town of Vinton. 1.3.3 "Public Access Channels": Designated Channel(s) allocated for free-expression, non-commercial, and nondiscriminatory use by any member or members of the public at no charge for channel time . 1.4 "Active Device": A device or circuit capable of some dynamic function, such as amplification, oscillation, or signal control, and which usually requires a power supply for its operation. 1.5 "Aerial Cable": Outside Cable that is located above ground on overhead utility or other structures. 1.6 "Affiliated Person": Any Person, corporation, partnership, or other legal entity under common Control by or with Grantee, any general partner, joint-venture partner, or other Person holding 5~ or more of Grantee's stock, or any director or officer of Grantee, provided that "Affiliated Person" shall in no event mean Grantor, any Limited Partner of Grantee, or any creditor of Grantee solely by virtue of its status as a creditor. 1.7 "Alphanumeric": A format consisting of a combination of letters and numbers, usually used (a) in reference to keyboards permitting communication in such form and/or (b) in reference to Channels or programs transmitting information in such form. 2 1,g "Ambient Temperature": The temperature of the medium surrounding subject apparatus and equipment. Sometimes synonymous with room temperature. 1.9 "Amplifier": A device used to increase the operating level or power of an input signal, or to change the impedance of or isolate the input signal from the output signal. Used in a Cable Distribution System (trunk and feeder) to compensate for the effects of attenuation (signal loss) caused by losses in transmission components (cable, passives, etc.). Also used in Head-Ends and processing centers, usually for single Channels. 1.10 "Analog": Pertaining to signals in the form of continuously-varying physical quantities. 1.11 "Annexed Areas": Any areas added to the Territorial Limits of Grantor. 1.12 "Antenna": Any structure or device used to collect or radiate electromagnetic waves. 1.13 "Area Outage": An Area Outage occurs when five (5) or more Subscribers report that they are deprived of Cable Service as a result of a single event or occurrence. 1.14 "Armored Cable": Coaxial cable that can be direct- buried without protective conduit, or used in hazardous applications. For underwater applications, this cable is constructed with a flooding compound applied to the cable's outer conducting sheath followed by a plastic jacket, armor, and another plastic jacket. 1.15 "Audio": Relating to sound or its reproduction; used in the transmission or reception of sound. 3 1.16 "Audio Signal": The sound signal, amplified and provided as appropriate to speakers or earphones. 1.17 "Bandwidth": A measure of the information-carrying capacity of a Channel. The range of usable frequencies that can be carried by a Cable Television System. 1.18 "Basic Cable Service": The minimum-level tier of multiple-channel service which includes the retransmission of local television broadcast signals transmitted to Subscribers connected to the Cable System. 1.19 "Bi-directional": The ability to transmit signals in both directions (upstream and downstream) simultaneously. 1.20 "Bonding": (1) The permanent joining of metallic parts to form an electrically-conductive path which will ensure electrical continuity and the capacity to conduct safely any current likely to be imposed; (2) The interconnection of the CATV cable support strand with a telephone company support strand and/or the power company ground/neutral wire to eliminate ground potential differences. 1.21 "Broadband": Any System capable of delivering multiple Channels and/or services to users or Subscribers. Generally refers to CATV Systems. Synonymous with wideband. 1.22 "Broadcast": Over-the-air transmission by a standard FCC-authorized radio or television station, to a multiplicity of receivers. 1.23 "Cable": (1) Used synonymously with "Cable Television"; (2) One or more electrical or optical conductors found within a protective sheath. 4 1.24 "Cable Act": The Cable Communications Policy Act of 1984, 47 U.S.C. § 521, et se . 1.25 "Cable Distribution System", or "Distribution System": That part of the Plant (usually coaxial cable and/or fiber-optic cable with associated Amplifiers, Drops, and other devices, hardware, and accessories) which is used to provide Service from an origination point (Head-End) to Subscribers. 1.26 "Cable Service": Any service provided by the Cable System. 1,27 "Cable System" or "System" or "CATV System" or "Cable Television System": The complete system in a physical sense; the Antennas, Cables, Amplifiers, towers, microwave links, satellite links, and any other conductors, converters, equipment, or facilities and Plant designed and constructed for the purpose of receiving or producing, amplifying, storing, processing and distributing Audio, Video, Digital, Analog, control, or other forms of electronic or electric signals to and/or from Subscribers as herein provided. See "Cable Television" below. 1.28 "Cable Television", or "CATV": A Broadband communications technology in which multiple television, Audio, Digital, control, Analog, and other electrical signals are transmitted through a Cable Distribution System to and/or from single or multiple locations. 1.29 "Carrier": An electromagnetic wave of which some characteristic is varied in order to convey information. A radio- frequency or microwave signal upon which the sound (Audio), picture (Video), or color information in a television picture is modulated. 1.30 "CATV Committee": The Roanoke Regional Cable TV Committee; See Part 11. 5 1.31 "CATV Ordinance": This Ordinance. 1.32 "Channel": A signal path of specified Bandwidth for conveying information. Usually a band of frequencies in the electromagnetic spectrum which is capable of carrying one standard NTSC audio-video-color television signal; at present, a spectrum of 6 MHz, usually as specified by a Television Channel-assignment system. 1.33 "Channel Capacity": number of Channels that can be system. Presently defined in (television) channels. In a Cable Television System, the carried simultaneously on the terms of the number of 6-MHz 1.34 "Character Generator": An Alphanumeric text generator, commonly used to display messages on a television set. May also have graphics capability. 1.35 "Community Studio": A Studio for the origination of programming to be cable cast on the Cable System to be used primarily for Public Access and local origination. 1.36 "Control" or "Controlling Interest": The ownership or voting control of 50~ or more of the issued outstanding shares of Grantee or any Parent of Grantee; the ability to elect a majority of the Board of Directors of Grantee or any Parent of Grantee. 1.37 "Converter": (For TV receiver). An electronic device which changes CATV Channels to a Channel which can be received by the Subscribers' television sets by use of an appropriate Channel selector, which permits Subscribers to view all unmodified TV signals delivered at designated dial locations. 1.38 "dBmV" or "Decibel-Millivolt": A unit of measurement 6 referenced to one millivolt (mV) across an impedance of 75 ohms, which is the standard impedance for metallic CATV Systems. 1.39 "Decibel" or "dB": A unit that expresses the ratio of two levels of power as a logarithmic function: dB=10 Logo ~'7~Pz• 1.40 "Decoder": A device, located on or near the Subscriber's premises, which descrambles or decodes signals so that they may be viewed or used by the Subscriber. May be combined in the same enclosure with and as part of the "Converter". Also called "Descrambler". 1.41 "Descrambler": See "Decoder". 1.42 "Digital Signals" Signals and information transmitted in the form of individual electronic pulses. 1.43 "Distribution System": System". 1.44 "Down": Inoperable; specifications. See "Cable Distribution not functioning within 1.45 "Down Time": The period of time during which the CATV System is not providing Cable Service. 1.46 "Downstream Transmissions": Signals transmitted in the direction from the Head-End toward Subscribers or other location(s). 1.47 "Drop": The line from the Feeder Cable to the Subscriber's television or Converter. 1.48 "Dwelling Unit": Any building used as a domicile or living quarters. 7 1.49 "Educational Access Channel": See 81.3.1. 1.50 "Emergency Override": An emergency communications system which allows messages or announcements to replace the normal picture and/or sound on all Channels of a CATV System. See q 9.9. 1.51 "Emergency Power": (Standby Power; Backup Power) Generator or battery back-up to replace primary power during any electrical power failure or outage.See ~ 9.8. 1.52 "Facility": The site, including land and buildings, containing all or part of a system or systems of technical apparatus: for example, a Head-End facility or microwave facility employed for purposes of electronic communications or data processing. 1.53 "Failure": See "Fault". 1.54 "Fault": A condition that results in a functional unit in the System failing to perform in the required manner. 1.55 "FCC": The Federal Communications Commission. 1.56 "Feeder Cables": (Feeder Lines) The Cables that take signals from the Trunk to the Subscriber area and to which Drops are attached. 1.57 "Fiber Optics": The technology of modulating and guiding fine beams of light through hair-thin glass fibers as communications paths. 1.58 "Franchise": The formal document which authorizes a specific Grantee (Cable Operator) to construct, own, and operate a Cable TV System in the area defined by, and pursuant to the terms 8 and conditions of, this Ordinance. 1.59 "Franchise Fee": The fee paid by the Grantee to the Grantor in consideration of the use of public Streets and the costs of regulation of the CATV System, handling public complaints and other public matters, and administration of local-access activities and this Ordinance and the Franchise. 1.60 "Government Access Channels": See X1.3.2. 1.61 "Grantee": The Person granted a Franchise pursuant to this Ordinance; any successor to that Person in accordance with the provisions of this Ordinance. ~~• overnmental entity granting a 1.62 Grantor The g Franchise pursuant to this Ordinance. When used in regulatory and reporting contexts, "Grantor" shall mean Grantor's Executive Officers. 1.63 "Gross Revenues": The total of any and all payments made to or compensation received by Grantee, its affiliates, subsidiaries and Parents, directly or indirectly, therSlesallusers advertising, shopping services, PCN s, and any g of the Cable System as a consequence of the operation of the Cable System in the Territorial Limits; provided that such reported receipts shall not include any add-on state or local sales taxes. Where a Parent receives compensation for use of multiple Systems, this revenue is allocated to individual franchises and/or Grantees on the basis of the count of those Subscribers who receive Basic Service and who are not delinquent in payments, compared to the total applicable multiple-system basic-subscriber count. 1.64 "Head-End": The control center of a Cable Television System; the electronic processing center through which broadcast, 9 cablecast, satellite, and other signals are electronically translated or modified and combined for distribution throughout the entire Cable System. 1.65 "Institutional Cable Distribution Network": A Cable subsystem which carries television, Audio, Video, Analog, control and Digital signals between and among government, educational, public, and business institutions and other locations as designated. The Institutional Cable Distribution Network may be a Cable, physically separate and distinct from the Subscriber Cable System, or it may consist of combinations of Upstream and Downstream Channels on the Subscriber Cable System, usually capable of real-time interactive service. This Network may include provisions for scrambling and de-scrambling signals for limited and controlled reception. 1.66 "Institutional Studio": A Studio for origination of programming to be cablecast on the Cable System by Grantor; to be used primarily for Educational and Governmental Access. 1.67 "Interconnect": The connection between two or more Cable Systems. 1.68 "Mean time to Install": Average time to complete installation, from the time of oral or written order to written acceptance. Total time for installations divided by number of installations. 1.69 "Mean Time to Repair" (MTR): Average time to complete repairs, from time of oral or written complaint to written acceptance. Total time for repairs divided by number of repair orders. 1.70 "Mile" (of Cable Plant): A horizontal distance of 5280 feet, as measured on the surface of the earth and parallel to 10 5280 feet, as measured on the surface of the earth and parallel to the Cable Distribution System. 1.71 "Non-Profit Organization": An entity that has qualified under Internal Revenue Code Section 501(c)(3). 1.72 "Origination Cablecasting": Locally-originated programming carried on the Cable System which can be originated by the Cable Operator, by local institutions, by those using leased Channels, by the public, or by other Persons. 1.73 "Outlet": A CATV connection terminal in a structure which is used for the purpose of connecting a television receiver or other Subscriber terminal to the CATV System. 1.74 "Overbuild": To construct a second, competing CATV System in an area already served by a CATV System. 1.75 "Parent" (When used in reference to Grantee): Any Person holding direct or indirect ownership Control of Grantee. 1.76 "Performance Standards (Technical Standards)": Minimum technical requirements established herein by Grantor. See ~[ 5.1. 1.77 "Person": Any person, firm, partnership, association, corporation, company, organization, or other entity. 1.78 "Plant": Grantee's buildings, tower(s), Amplifiers, Antennas, processors, lines, Cables, wires, and all other physical equipment and accessories utilized in the operation of the System. 1.79 "Premium Service": Optional additional programing provided to Subscribers at an additional monthly charge for each added Channel or group of Channels carrying such programming. 11 1.80 "Public Access Channel": See 81.3.3. 1.81 "Public Notice": An announcement to the community of some action planned by the Grantor or its designee in respect to Cable Service or the Franchise. May be accomplished by bulletin, newspaper, radio or TV broadcast, or other means, including announcements on the Cable System, to insure that all community members can be made aware of the event. 1,82 "Rebuild": The physical modification of the CATV System to provide a significantly higher level of performance and usually providing more Channels. 1.83 "Roanoke City": The City of Roanoke, Virginia . 1.84 "Roanoke County": The County of Roanoke, Virginia 1.85 "Scramble": To make a signal unintelligible except to authorized terminals. 1.86 "Service": See "Cable Service". 1,g'7 "Signal-to-Noise Ratio": The ratio, expressed in Decibels, of the peak voltage of the signal of interest to the Root-Mean-Square voltage of the noise in that frequency band. 1,88 "Standard Drop": An aerial drop which does not exceed 150 feet. 1.89 "State of the Art": That level of technical performance or capacity or service of Plant, for which there is a reasonable demonstrated market demand and which has been demonstrated by existing Cable Television System operators and reputable equipment suppliers to be workable in the field, but not exceeding that level of technical performance or capacity which has 12 been installed and is operating at the time in at least 5 other Cable Systems of comparable or smaller size. 1.90 "Street": The surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, or place, alley, court, boulevard, parkway, drive or other easement now or hereafter held by Grantor for the purpose of public travel, communications, alarm, street lighting, power distribution, or other public use and shall include such other easements or rights-of-way as shall be now held or hereafter held by Grantor. 1.91 "Studio": A specially-designed room with associated lighting, switching, control and monitoring facilities used for the origination of programming. 1,92 "Subscriber": Any Person legally receiving in the Territorial Limits any of the Cable Services of Grantee. 1.93 "Subscriber Down Time": Outage hours per Subscriber. Obtained by multiplying the number of Subscribers affected by the length of time the System or portion thereof is Down, for each such occurrence, then adding the numbers so obtained to arrive at the total for the period, and then dividing that total by the total number of Subscribers. 1.94 "Subscriber Drop": See "Drop". 1.95 "System": See "Cable System". 1.96 "Technical Standards": See ~ 5.1. System performance requirements established by local, state, and/or federal governments and/or applicable to Grantee pursuant to the terms of this Ordinance and the Franchise. 1.97 "Telephone Waiting Time": The time required for 13 Grantee to attend to a call from a waiting Subscriber or prospective Subscriber. Includes time used for listening to recorded messages or instructions, and any other machine time or waiting time (e.g. for telephone ringing or "hold") by the Subscriber. See ~ 20.6. 1.98 "Territorial Limits": The geographical limits of Roanoke County, Virginia excluding the western portion of the County currently under franchise to Boothe American Company d/b/a Salem Cable TV. 1,99 "Television Channel": The range or band of the radio frequency spectrum assigned by the FCC to a standard VHF or UHF television station; at present, 6 MHz in the U.S. and Canada. The Channel number assigned by the FCC and/or the Cable Operator. 1.100 "Tier (Tiered Service)": Different packages of programs and services on Cable Television Systems for different prices. 1.101 "Transfer": The disposal, directly or indirectly, voluntarily or involuntarily, by any method, including gift, assignment, sale, merger, consolidation, acquisition, bankruptcy, receivership, or otherwise, of the ownership or Control of Grantee, the System, or the Franchise in whole or in part. 1.102 "Trunk" or "Trunkline": The primary Cable leading from the Head-End of the Cable Distribution System to the various points where Feeder Lines are tapped off to distribute signals to Drops. 1.103 a dwelling. 1.104 "Unit": A building occupied by one or more persons as "Upstream": The direction on the Cable from any 14 designated point in the System toward the Head-End. 1.105 "Upstream Transmissions": Signals travel in the direction from designated origination points in the Cable System to a Head-End. 1.106 "Video": Visual electronic information; a picture signal. 1.107 "Vinton": The Town of Vinton, Virginia . Other Definitions: Any term defined in FCC and/or other applicable rules and regulations or statutes as of the effective date of the Franchise, but not included in the foregoing list, shall be incorporated herein by reference as if set forth in full, and shall be defined as it appears in such rules and/or regulations or statutes. If not so defined, or not defined herein, words and terms shall be given their ordinary and usual meanings as defined in standard reference works. Precedence: In the event of conflict between any of the definitions herein and any definitions contained in any other ordinance, the definitions herein shall take precedence. 2 GRANT OF AUTHORITY. 2.1 Franchise. (The "Franchise") The Franchise granted by Grantor and accepted by Grantee pursuant to this Ordinance shall provide to Grantee the right, privilege and authority to construct, operate and maintain a Cable System in the Territorial Limits for the term specified in the Franchise. 2.2 Street and Right-of-Way Use Not Exclusive. For the purpose of constructing, operating and maintaining a System in the Territorial Limits, Grantee may erect, install, construct, repair, 15 replace, relocate, reconstruct, remove and retain in, on, over, under, upon, across and along the Streets within the Territorial Limits such lines, Cables, conductors, ducts, conduits, false manholes, Amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the Cable System, provided that all applicable permits are applied for and granted, all fees paid, and all other local codes and ordinances are otherwise complied with. Subject to State law, the right to use and occupy the Streets and Rights-of-Way for the purpose set forth herein is not exclusive; Grantor reserves the right to grant one or more additional Franchises or other authorizations for similar use to any other Person at any time. 2.3 Compliance required. Grantee shall comply with all applicable local, state, and federal laws, ordinances, regulations and codes. 2.4 Ownership of Cable System. 2.4.1 Grantee to Own. Grantee shall, at all times during the term of the Franchise, be the sole owner of, and have full possessory rights to, all facilities and property, real and personal, of the Cable System, whether by ownership, lease, license, or otherwise. Grantee may discard or replace any property, real or personal, so long as Grantee can satisfy its obligations hereunder. 2.4.2 Sale or Transfer of Franchise or Chancre of Control of Grantee. This Franchise or the System hereunder shall not be transferred nor shall title thereto, either legal or equitable, nor any right, interest or property therein, pass to or vest in any entity without full compliance with the procedure set forth in this Section. The provisions of this Section shall apply to the Transfer of all or a majority of Grantee's assets, merger, consolidation, or 16 sale or transfer of stock of Grantee or of its Parent so as to create a new Control of the System; provided however, a Transfer shall not include a Transfer to a Parent or an affiliate of Grantee or its Parent unless the intent of such Transfer is to avoid the application of this section. For purposes of this section, an affiliate of Grantee shall mean any entity of which Grantee or its Parent owns more than 80$ of the stock or other ownership interest. 2.4.2.1 The parties to the Transfer shall make a written request to Grantor for its approval of a Transfer. Both sixty (60) days prior notice to Grantor and prior written approval by Grantor shall be required for any transfer which changes effective Control of Grantee or a Parent. 2.4.2.2 Grantor shall reply to the parties in writing within sixty (60) days of the request and shall indicate whether the requested transfer is approved. 2.4.2.3 Grantee shall within sixty (60) days of Transfer, file with Grantor a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such Transfer, certified and sworn to as correct by Grantee. 2.4.2.4 In reviewing a request for Transfer, pursuant to Q 2.4.2.1 above, Grantor may inquire into the technical, legal and financial qualifications of the prospective controlling party, and Grantee shall assist Grantor in so inquiring. Grantor may condition said Transfer upon such terms and conditions as it deems reasonably appropriate. Grantor shall not unreasonably withhold its approval. In no event shall a Transfer of ownership or Control be approved without the transferee becoming a signatory to the Franchise. 2.4.3 Notice to Grantors. Within fifteen (15) business days after receipt by Grantee, Grantee shall furnish Grantor with 17 a copy of any notification filed with the Securities and Exchange Commission which indicates that a person, entity or group of Affiliated Persons have acquired 5~ or more of any class of issued or outstanding shares of Grantee or its Parent whose shares are traded on a national securities exchange or in the over-the-counter market. Within fifteen (15) business days, Grantee shall notify Grantor of any private exchange of shares or ownership involving or accumulating 5~ or more of the ownership of Grantee or any Parent. 2.4.4 Effect of Unauthorized Action. Any Transfer described in q 2.4.2. above that is taken without prior consent of Grantor shall be null and void and shall be deemed a substantial breach of the Franchise. Such action shall be subject to a security fund withdrawal of $1,000.00 per day until approved, or, if not approved, until prior ownership and Control is restored. If Grantor denies consent to any action after it has been taken, Grantor may revoke the Franchise unless the action is reversed. 2.4.5 Foreclosure. Upon receipt by Grantee of notice of the foreclosure or other judicial sale of the System, Grantee shall notify Grantor of such notification within ten (10) days. An actual foreclosure or judicial sale shall be treated as a change in Control of Grantee, and the provisions of this Ordinance governing the consent to a Transfer or change in ownership shall apply without regard to how such Transfer or change in ownership occurred. 2.4.6 Receivership or Bankruptcy. In the event of the appointment of a receiver or trustee for Grantee, whether in receivership, reorganization, bankruptcy, or other such action or proceeding, Grantee shall notify Grantor within ten (10) days. This shall be treated as a notification that a change in Control of Grantee has taken place, and the provisions of this Ordinance governing the consent to a Transfer or change in ownership shall 18 apply. The term "bankruptcy" as used herein shall include any assignment for the benefit of creditors and/or petition for reorganization under the federal bankruptcy or state insolvency laws, or other similar procedure. 2.4.7Grantor to Assume Control. In the event of receivership or bankruptcy as in ~ 2.4.6. above, Grantor shall have the right to assume control and management of the Cable System by satisfying the creditors and the courts, in order to assure continued acceptable quality of service to Subscribers. 2.5 Police Power. All rights and privileges granted hereby are subject to the lawful exercise of the police power of Grantor to adopt and enforce local laws, rules, and regulations necessary to the health, safety, and general welfare of the public. Expressly reserved to Grantor is the right to adopt, in addition to the provisions of this Ordinance, the Franchise and existing laws, such additional ordinances and regulations as are necessary in the lawful exercise of its police power, for the benefit and safety of the public. 2.6 Public Works. The rights and privileges granted hereby shall not be in preference or hindrance to the rights of Grantor and other lawful government authorities having jurisdiction, to perform or carry out any public works or public improvements. Should the Cable System interfere with the construction, maintenance or repair of such public works or improvements, Grantee, at its own expense, shall protect and/or relocate the Cable System or the applicable part thereof, as directed by Grantor or other government authorities having jurisdiction. 2.7 Extension Policy. Except as otherwise provided in this Ordinance, Grantee shall offer Cable Service to all occupants of any area of the Territorial Limits with a density of 25 Units 19 or more per mile served by aerial plant within six months of such request from Grantor. Grantee shall offer Cable Service to all occupants of any area within the Territorial Limits with a density of 40 Units per mile served by underground plant within 12 months of such request by Grantor. Computations of density shall take into account any connecting lines required to serve such areas, if not contiguous to the existing Cable Distribution System, as well as any Dwelling Units passed by such connecting lines. In addition, upon the effective date of the Franchise, Grantee shall be obligated to provide Cable Service to all occupants of those areas designated on Exhibit A, attached and incorporated herein by reference, within the designated time periods specified therein. The rights and privileges awarded pursuant to the Franchise and this Ordinance shall relate to and cover the entire Territorial Limits and any areas annexed thereto (the "Annexed Areas") during the term of the Franchise and its extension, if any. In the event that any of the Annexed Areas are built-up areas (areas having a density of 25 or more Units per aerial mile or 40 or more Units per underground mile), Grantee shall provide Cable Service to such built-up areas within the specified times after notification by Grantor to do so, provided that if the Annexed Area is served by another cable operator, Grantee shall not be obligated to provide Cable Service to that area, but only so long as such other cable operator continues to provide service to such area. Grantee shall provide Cable Service to those buildings and facilities designated on Exhibit B, attached and incorporated herein by reference, within the designated time periods specified therein. 2.8 Extended Service Areas. Grantee shall utilize any available technologies within the State-of-the-Art for the purpose of serving Subscribers. Where Cable Service to a remote area is not required under the provision of this Ordinance, and is not deemed economically feasible by Grantee, Grantee may, but shall not be required to, contract with potential Subscribers in such 20 areas for the sharing of costs in the installation of its Cable Distribution System. Grantee may, but shall not be required to, provide Cable Service in areas which do not have a density of 25 units or more per mile aerial or 40 units or more per mile underground. The provision of limited Cable Services in such areas is to be encouraged. 2.9 Provision of Service. Beginning with the effective date of the Franchise, Grantee shall make available upon request of the owner, tenant or lessee of any Dwelling Unit or any business premises serviceable by a Standard Drop in the Territorial Limits the full range of Cable Services subject to the density and timing requirements in this Ordinance. Notwithstanding the foregoing, Grantee shall not be required to provide Cable Services where conditions beyond the reasonable control of the Grantee as reasonably determined by the parties prevent the provision of Cable Service. 2.10 Operation Upon Revocation. Notwithstanding any other provision of this Ordinance, in the event of revocation or expiration of the Franchise, Grantor may nevertheless extend the term thereof beyond such termination or non-renewal for such period of time as Grantor may specify, not to exceed two years, by giving Grantee such notice as is reasonable in the circumstances. In the event of such extension, Grantee shall continue to operate the Cable System in accordance with all of the provisions of this Ordinance. During any extension of the term, Grantor may terminate the Franchise as to any area or areas within the Territorial Limits, effective not less than thirty days from the date of notice to Grantee. 2.11 Extension of Term by Grantor. Upon the expiration of the term for which a Franchise is granted, the Grantor, unless applicable law in effect at that time provides otherwise, may renew 21 the Franchise for an additional term it finds appropriate, provided that Grantee shall be deemed by Grantor to have rendered satisfactory and acceptable service hereunder, and provided further that Grantor finds, after due advertisement and public hearing affording all persons an opportunity to be heard on the matter, that such renewal would be in the public interest. 2.12 Business Office. At least one business or administrative office shall be located within Roanoke City, Roanoke County or the Town of Vinton and all communications of Grantor to Grantee shall be addressed to Grantee at such office, except as otherwise provided herein. The office shall be open at least an average of 50 hours per week and at least 4 hours on Saturdays, (legal holidays excepted) or as modified by Grantee after notification to and approval by Grantor. 2.13 Written Notice. All notices, reports, or demands required to be given to Grantor and to Grantee shall be in writing and shall be deemed to have been given when delivered personally to the persons designated below, or when seventy-two (72) hours 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 next 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 Grantor County Administrator Roanoke County P.O. Box 29800 3738 Brambleton Avenue Roanoke, VA 24018 If to Grantee• General Manager 22 Cox Cable Roanoke 1909 Salem Ave., S.W. Roanoke, VA 24036 Copy To: Cox Cable Communications 1400 Lake Hearn Drive Atlanta,Georgia 30319 Attn: Legal Department Addresses may be changed by either party upon such written notice to the other party. 2.14 Reimbursement. Grantee shall reimburse Grantor an appropriate amount for costs incurred in connection with the negotiation and award to it of any Franchise pursuant to this Ordinance. 2.15 Certification. Grantee, by accepting the Franchise, certifies that it has investigated its supply sources; is familiar with the community; has examined the Cable System and operations; has reviewed its own financial condition; and has the capacity and resources to carry out its obligations to the community. 2.16 Consent. Whenever, under the terms of the Franchise or of this Ordinance, Grantor's or Grantee's consent or approval is required, it shall not be unreasonably withheld. 2.17 Imposition of requirements on Grantee. To the extent that the Franchise or this Ordinance gives Grantor, the CATV Committee, or their agents, authority (a) to require tests of the System; (b) to inspect or audit Grantee's books and records relating to the System; (c) to impose on or collect from Grantee any fee, penalty or other sum; (d) to require Grantee to take or cease any action; (e) to grant or to withhold approval; or (f) any other right or authority; such authority shall be coordinated by 23 the governing bodies and shall not be used unreasonably or to harass. 3 GRANTEE PAYMENTS TO GRANTOR Grantee shall pay a Franchise Fee to Grantor as specified in the Franchise. 3.1 Payments. Franchise Fees shall be computed quarterly for the preceding calendar quarter, and quarterly payment shall be due and payable no later than 30 days after the end of the calendar quarter for which payment is intended. Each payment shall be accompanied by a report showing detailed computations and such other relevant data as Grantor may reasonably require. Grantor may provide a standard form for use by Grantee to compute Franchise Fees. Such payments shall be deemed compensation for use of Grantor's rights-of-way, administration of service complaints, supervision and inspection of equipment and facilities, and administration of the Franchise and Ordinance, and shall be in addition to all federal, state and local taxes. 3,2 Conditions of Acceptance. Grantor's acceptance of any payment shall not constitute agreement that the payment is in fact the correct amount, and such acceptance of payment shall not constitute a release of any claim Grantor may have for further or additional sums payable under the provisions of the Franchise or any other claim whatsoever that Grantor may have. 4 INSTALLATION CONDITIONS 4.1 Reservation of Rights. Nothing in this Ordinance shall be construed to prevent Grantor from grading, paving, maintaining, repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining or relocating any sewers or water mains or other facilities; or constructing, 24 maintaining, relocating, or repairing any sidewalk or other public work. 4.2 Underground Easements. In areas having underground telephone and electric utility lines now or at any time hereafter, whether required by ordinance or not, all of Grantee's distribution system shall be underground. Underground installation, even if not required, is preferable to the placing of additional poles. In the instance of underground installations made after the effective date of the Franchise, Drop lines shall be placed at least twelve (12) inches deep and cable distribution lines shall be placed at least eighteen (18) inches deep. This minimum depth also applies to all replacement Drop and distribution lines. Underground Cable Distribution Plant in areas exposed to damage shall be installed in conduit or shall be of Armored Cable construction. Underwater crossings shall utilize Armored Cable. Existing electric and telephone poles shall be utilized wherever possible. Grantee may install its own poles and conduit at its own expense, with prior written permission of Grantor. To the extent that Grantor has the right, it will make utility and other easements available to Grantee. 4.3 Installation. 4.3.1 Plans. Prior to any construction or alteration of the Cable System, Grantee shall, in each case, file any required plans with Grantor and receive any necessary approval of such plans. 4.3.2 Construction; Permits; Supervision; Approval. All Plant installed by Grantee shall be constructed and maintained in good and safe condition at all times. Grantee shall erect no structures and make no excavations in any Streets without first procuring a written permit in accordance with applicable ordinances and codes. 25 All work of such kind shall be subject to inspection and approval by Grantor in accordance with applicable codes and regulations. 4.3.3 Emergency Repairs. In cases of emergency, Grantee may make whatever repairs are necessary to maintain the operation of the Cable System at required levels, provided however, that all emergency work shall comply with all applicable local, state, and federal laws, ordinances and regulations. Grantee shall be responsible for any damages resulting from temporary repairs. Within five (5) working days of the commencement of the emergency work, Grantee shall request any applicable permits required for such repairs, in accordance with the rules for such permits. Work shall be subject to inspection and approval by Grantor. 4.3.4 Barriers; Lighting. Any openings or obstructions in Streets caused by Grantee shall be guarded and protected by Grantee and its contractors at all times by placing adequate barriers, fences, boarding or other protective devices, at the sole expense of Grantee. During periods of dusk and darkness, protective devices and protected areas shall be designated by warning lights. 4.4 Relocations. 4.4.1 Temporary Relocation. Grantee's Cable Distribution System shall be located, relocated, erected and maintained so as (1) not to interfere with the lives or safety of persons or with any improvements Grantor deems proper to make, and of which Grantee has received reasonable notice, and (2) not to hinder or obstruct the free use of the Streets. Removal of poles and other structures to avoid such interference shall be at Grantee's expense. Raising or lowering or moving of Grantee's Plant to permit moving of buildings and other structures and equipment 26 shall be done by Grantee within ten (10) days of previous notice and at mover's expense, payable in advance, subject to receipt of all required permits. 4.4.2 Permanent Relocation. If Grantor shall elect to alter or change the grade or location of any Street, or shall engage in any construction or other public works in, on, or under the Streets, Grantee, upon at least forty-five (45) days written notice by Grantor, shall relocate its Cable Distribution System at its own expense, and in each instance shall comply with all applicable local, state, and federal laws, ordinances, codes, and regulations . 4.5 Installation; Compliance with Codes. Grantee shall comply with all applicable local, state, and federal rules and regulations now in force or which may be put into force hereafter. Grantee shall comply also with state and national electric and safety codes in its installations and operations. 4.6 Joint Use; Safety Rules. Insofar as such work may be done without interfering with the free use and enjoyment of Grantee's own wires and fixtures, and when requested in writing by Grantor, Grantee shall provide suitable space equivalent to one (1) crossarm (in vertical and horizontal spacing) on each pole erected, in riser conduits, and in control cabinets, equivalent to one (1) duct in each of the conduits constructed, and if Grantee has an open trench, afford Grantor an opportunity to install its cable or tubing, free of charge for the purpose of carrying wires of Grantor's telegraph, telephone, alarm, signal, or radio system used for governmental purposes, provided said wires are placed and maintained in such a manner as may be reasonably prescribed by Grantee, and in no case used to carry electric light or high- tension currents. Whenever it becomes necessary for Grantee to move Grantor's said wires for Grantee's own purposes, such removal shall be at the cost of Grantee and under supervision of the 27 Grantor, and such wires shall be promptly replaced by Grantee at Grantee's expense. 4.7 Interconnect. Within 6 months after receipt of written request from Grantor, Grantee shall provide for Interconnection with any adjacent Cable Operator. Such Interconnection shall be accomplished at Grantee's expense, including design, installation, and all necessary equipment, hardware, and accessories. Such Interconnection, including bi- directional capability, shall be required only if technically feasible. 4.8 Identification. Vehicles owned or leased by Grantee and used in the installation, construction, or repair of the Cable System shall be identified as to the name of Grantee. All employees of Grantee and of Grantee's contractors and subcontractors performing installation shall carry adequate identification as to their names, local business addresses and local business telephone numbers. Grantee and its contractors shall clearly identify all of its vehicles, employees, agents, and equipment by decals, badges, signs, and as otherwise appropriate. 4.9 Restoration; Repair. Grantee, at its expense, shall repair all damage caused by Grantee, its agents, contractors, and subcontractors, in the construction, Rebuild, upgrade, operation, maintenance, and repair of the Cable System and shall restore all property, both public and private, to its original condition, or as nearly so as possible. Such restoration and repair shall be made as soon as practicable after such damage, and in accordance with applicable codes, not later than ten business days after Grantee's receipt of written notification from the owner of the property so damaged unless otherwise mutually agreed by Grantee and the property owner. If any damage involves pavements, sidewalks, driveways, Streets, or other public property, such damage shall be repaired at Grantor's election either by Grantor at Grantee's 28 expense or by Grantee to Grantors's satisfaction within five business days after Grantee's receipt of written notification from Grantor. If damage involves public water mains, sanitary sewer or storm water facilities, Grantee shall immediately notify Grantor of such damages, shall assist Grantor in repairing such damaged facility and shall reimburse Grantor for all reasonable costs associated with such repair. The foregoing shall not limit Grantee's right to contest its liability for any damage claimed. 5 TECHNICAL REQUIREMENTS The signal of any broadcast television or radio station retransmitted on the Cable System shall be carried without material degradation and with a quality no less than that prescribed by rules of any federal, state, or local regulatory agencies having jurisdiction, and as specified herein. The technical specifications, operation, and performance of the Cable System shall conform at all times to any applicable specifications established by any federal or state regulatory agencies having jurisdiction. Notwithstanding the preemption of Cable Television Technical Standards by the FCC, and pending adoption of acceptable Minimum Technical Standards by the FCC (which acceptable Minimum Technical Standards may become effective and may preempt the following enumerated standards immediately upon adoption and at the option of Grantor), Grantee and Grantor agree that Grantee shall use its best efforts to meet or exceed the following Minimum Technical Standards at all times, over the annual ambient temperature range normally experienced in the area: 5.1 Technical Standards. The system shall comply with the following standards, as measured at any tap output except as indicated: 29 Parameter 5.1.1 System Frequency Response 5.1.2 Channel Frequency Response 5.1.3 Composite Triple Beat (CTB) 5.1.4 Cross-Modulation (Synchronized) 5.1.5 Audio Frequency Response 5.1.6 Audio Total Harmonic Distortion 5.1.7 Audio Signal-to-Noise Ratio 5.1.8 Levels, at Subscriber Terminals: (a) Visual Carrier Signal Level Value p-v. (6 MHz)2 dB pv. 50 dB down, CW or synchronized; 56dB down, modulated or unsynchronized. 50 dB down 50 Hz to 15 KHz, 3 dB, p-p 2$ Maximum 50 dB Minimum 0 dBmV minimum Now [FCC §76.605 (a)(4)] 3 dBmV minimum After Rebuild (b) Difference between adjacent- 3 dB Maximum Now channel carrier levels 2 dB Maximum [FCC §76.605(a)(5)(i)] After Rebuild (c) Difference from any other 12dB Maximum Now visual carrier level 6 dB Maximum [FCC §76.605(a)(5)(ii)] After Rebuild (d) Visual carrier level variati on, 12 dB Maximum Now any Channel: within any 24 6 dB Maximum hour period After Rebuild (e) Maximum Signal Level: S h a l l n o t overload the TV Set. 5.1.9 Low-Frequency Disturbances 2~ Maximum (Hum, etc.) [FCC §76.605 (a) (6)] 5.1.10 Visual Carrier-to-Noise Ratio 42 dB minimum 30 [FCC §76.605 (a) (8)] 5.1.11 Ratio of Visual Carrier to Any 50 dB minimum Coherent Disturbance [FCC §76.605 (a) (9) ] 5.1.12 Visual Carrier to Same-Channel Aura113-17 dB Carrier Ratio. Should federal rules and regulations permit local regulation of Technical Standards and/or should the Technical Standards be changed, the above standards shall be upgraded, at the option of Grantor, to the new standards to be effective immediately. 5.2 Construction Standards. All construction practices shall be in accordance with federal, state, and local statutes, ordinances, and regulations. 5.2.1 All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical Safety Code (National Bureau of Standards) and National Electrical Code (National Bureau of Fire Underwriters) as amended as applicable to Cable Television. 5.2.2 Antenna supporting structures (towers) shall be designed for proper loading as specified by Electronics Industry Association Specification RS 222E or current version. 5.2.3 Antenna supporting structures (towers) shall be painted, lighted, erected and maintained to comply with all applicable rules and regulations of the Federal Aviation Administration and all other applicable federal, state, and local codes and regulations. 31 5.2.4 Grantee's Cable System shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices. Work shall be performed by experienced maintenance and construction personnel. Grantee shall preserve and protect plants, shrubbery and trees, and any improvements in the tree belts and rights-of-way. Grantee shall not unnecessarily hinder or obstruct pedestrian or vehicular traffic. 5.2.5 Grantee shall at all times exercise reasonable care and shall adhere to industry standards in the construction, operation, maintenance, or repair of the Cable Television System. 6 TESTING 6.1 Performance Testing By Grantee. Grantee shall provide and keep on hand at all times, or have available to it within not less than ten business days' notice from Grantor, accurately- calibrated test equipment for testing to such Technical Standards as set forth in Part 5 above and as may be modified in the future. Grantee shall conduct tests of said Technical Standards as from time to time may be reasonably requested by Grantor, coordinated through the CATV Committee, (but not in excess of once each one- year period in the entire system unless independent tests show that such Technical Standards have not been met, and then until such prescribed Standards have been met) in order to determine the level of performance of the Cable System. Grantor may provide a technical representative to witness and report on such tests. 6.2 Performance Testing Required by Grantor. Testing for compliance with Technical Standards may be required by Grantor, who may, from time to time, retain an independent engineer to conduct technical performance tests of the System in addition to those conducted by Grantee, or to witness such tests performed by Grantee. If the system fails to meet one or more of the Technical 32 Standards at the time of any test, Grantee shall reimburse Grantor for all related costs and shall investigate and correct the cause of said failure. Grantee shall be given a period of sixty days to correct said causes. Performance testing shall be repeated upon completion of necessary repair or adjustment by Grantee, and a report of the second test submitted to Grantor. Substantial failure to comply with Technical Standards or repeated failure to take corrective action in the event of such failures shall constitute a substantial breach of this Ordinance. Test procedures shall generally follow the guidelines of the NCTA "RECOMMENDED PRACTICES for measurements on cable television systems," and as specified by the independent engineer retained by Grantor. Such tests shall be coordinated through the CATV Committee and conducted on a reasonable periodic basis. 7 LIABILITY OF GRANTORS 7.1 Liability; Hold Harmless. Grantee shall indemnify and hold free and harmless Grantor and its officials, officers, agents, and employees from and against any and all loss, cost, or expense, including reasonable attorneys' and consultants' fees, resulting from any claim, demand, suit, or other action, whether or not reduced to judgement, and for any liability of any nature whatsoever that may arise out of or in connection with or result from the presence of Grantee or Grantee's agents, successors (excluding approved transferees pursuant to q 2.4.2 of this Ordinance), employees, contractors, invited parties, or affiliates in their use of, or activities or omissions in, Grantor's Streets or property, including without limitation, liability for damages to persons or property, or wrongful death in connection with the construction, installation, maintenance, operation, repair, or removal of the Cable System or the use of any poles, wires, conduits, and fiber optic equipment or the exercise by Grantee of any right or privilege granted by or under this Ordinance and the Franchise issued pursuant hereto, or any failure by Grantee to 33 comply with any law, ordinance, or regulation, or by reason of suit or claim for royalties, lease fees, or infringement of copyrights or patents. 7.2 Expenses. In the event that Grantor reasonably determines that its interests cannot be represented in good faith by Grantee, Grantee shall be so notified in writing, and Grantee shall reimburse Grantor and its officers, employees, and agents for all expenses incurred by them, including reasonable attorney and consultant fees, in defending themselves in connection with any matter the defense of which would otherwise have been conducted by Grantee pursuant to the terms of this Ordinance. 8 INSURANCE; BONDING 8.1 Insurance Coveracte. Grantee shall, at its expense, prior to any use of or entry upon Grantor's Streets or property and at all times during the term of the Franchise issued pursuant to this Ordinance, maintain and provide Grantor with suitable evidence of both (1) broad form contractual liability insurance coverage including the indemnification obligation set forth in Part 7 above, and (2) general public liability insurance coverage including, but not limited to, motor vehicle liability coverage naming Grantee, its employees, and affiliates, as insureds and naming Grantor, its officers, officials, agents, and employees as additional insureds while acting in the scope of their employment, insuring against on an occurrence basis all claims, loss, cost, damage, expense and liability from loss of life or damage or injury to persons or property arising out of Grantee's use of Grantor's Streets or property. Said policies shall have limits of not less than Five Million Dollars ($5,000,000) combined single limit for loss of life or injury to one or more persons and for property damage as a result of one incident, except that, with the express consent of Grantor, Grantee may be self-insured or provide 34 indemnity from an Affiliated Person for the initial $500,000.00 of such coverage. 8.2 Additional Indemnification. Grantee shall require substantially identical indemnification and insurance coverages as set forth in Part 7 and q 8.1 above in favor of Grantor, its officials, officers, agents and employees, from any independent contractor or other entity working on its behalf in Grantor's Streets. However, the amount of such coverages shall be $1,000,000.00 combined single limit with a $3,000,000.00 umbrella, naming both Grantee and Grantor, its officers, agents, and employees as additional insureds. 8.3 Performance Bond. A performance bond shall be posted and maintained for the Franchise term in favor of Roanoke City, Roanoke County, and the Town of Vinton as joint and several obligees in the amount of $300,000.00 by a bonding company approved by Grantor. 8.4 Cash Deposit or Letter of Credit. A cash deposit or letter of credit shall be provided and maintained in favor of Roanoke City, Roanoke County, and the Town of Vinton as joint and several payees in the amount of $50,000.00. 8.5 Cancellation Notice. All Grantee bonds, insurance policies and certificates of insurance shall stipulate that the coverages afforded by the policies shall not be cancelled, modified or allowed to expire until at least 30 days' prior written notice has been delivered to Grantor and a receipt of delivery obtained. 8.6 Evidence of Insurance. By not later than the effective date of the Franchise, Grantee shall furnish to Grantor current certificates of insurance, which shall include the named insureds set forth in q 8.1. and q 8.2 above. Failure to maintain said insurance shall constitute a substantial breach within the 35 meaning of Q 10.2.1.7 below, and shall be grounds for revocation of the Franchise. 8.7 Approval of Insurance Company. Insurance coverage shall be in a form and with an insurance company approved by Grantor, which approval shall not be unreasonably withheld. Insurance coverage shall be with a company authorized to do business in the Commonwealth of Virginia. 8.8 Chances in Limits. At the end of six years, Grantor shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the Consumer Price Index of the United States Bureau of Labor Statistics applicable to the Commonwealth of Virginia ("CPI"), or comparable measure if the Consumer Price Index is no longer being issued. 9 SERVICE PROVISIONS 9.1 Performance. The Cable System shall be engineered, installed, equipped, maintained and operated so as to meet FCC standards and the Technical Standards in Part 5 above, and shall comply with all applicable federal, state, and local codes. 9.2 Itemized Bills. Grantee shall provide any Subscriber upon request with an itemized monthly bill, listing each Tier or level of Service and its price, and any add-on taxes, together with the total. 9.3 Chancre in Channel Array. Grantee shall provide thirty (30) days written advance notice to Grantor and Subscribers of any changes of Channels line-up or of Tiering unless the schedule of such changes is beyond the control of Grantee. In such case, 36 Grantee shall provide notification and explanation immediately by Public Notice and in writing. 9.4 Notice of Rate Chancres. Grantee shall give Grantor, the CATV Committee, and all Subscribers at least 30 days Public Notice of any change in Subscriber rates. Notice to Subscribers may be given by ordinary mail or included with their monthly statements. 9.5 Disconnect Chartres. Grantor shall not charge any Subscriber for disconnect of Service. 9.6 Rate or Service Discrimination; Special Classifications. Grantee shall not subject any person or group of persons to any prejudice or disadvantage, preference, or advantage in connection with rates, charges, service, facilities, rules or regulations. Nothing herein shall prohibit the provision of free Service to government, institutional, or school buildings, or the provision of free Service to Grantee's employees. Notwithstanding the foregoing, Grantee may negotiate bulk or special rates for businesses, hospitals, nursing homes, Multiple Dwelling Units and other non-single family residential users. In the event of an Overbuild by an additional franchisee, Grantor shall not object to a reduction of rates by Grantee in the area of Overbuild to provide comparable service for comparable rates in order to promote competition in such area. 9.7 Free Basic Service. Grantee shall provide Basic Service without charge to each government building, fire station, police station, library, school or public college academic building, and other Grantor-owned or Grantor-occupied buildings (excluding housing units and buildings owned by Grantor but not used for government or educational purposes) within the Territorial Limits, as requested by Grantor. One Standard Drop and one 37 converter (if needed) per building shall constitute compliance. Any attached identified structures shall be treated as separate buildings. Any service provided to Roanoke County Schools or other governmental buildings through an Interconnect as provided for in Q 4.7 shall be without charge. 9.8 Emergency Power. Within two (2) years after acceptance of the Franchise pursuant to this Ordinance, the Cable Distribution System shall be equipped with battery-backup power supplies capable of powering the system for a period of not less than one (1) hour, and the Head-End shall be provided with adequate emergency backup power. 9.9 Emergency Override. Within six (6) months of acceptance of the Franchise pursuant to this Ordinance, Grantee shall incorporate emergency Audio override capabilities which can be operated from a standard touch-tone phone by authorized agents of Grantor. Activation of this emergency override capability shall give such agent voice control on all channels as permitted by law for the purposes of instructing viewers to turn to the Government Access or other Channels for detailed information and instructions. Emergency Override capability shall be installed at the expense of Grantee. The Government Access Channel(s) shall be available for transmission of signals from an Alphanumeric Character Generator and modulator, under the control of Grantor, or live Video and Audio transmission, at Grantor's option. 9.10 Emergency Communications. At least one person in responsible charge of Grantee's operations in the Territorial Limits shall be available by local telephone during such hours as Grantee's business office is closed, and the telephone number of such person shall be supplied in advance to the Grantor's chief administrative official and the presiding officer of Grantor's governing body and Grantor's Police and Fire Departments. 38 9.11 State of the Art. Throughout the term of the Franchise, Grantee shall operate and maintain the System in a manner consistent with all laws, ordinances and construction standards of Grantor and the Technical Standards. Throughout the term of this Franchise, Grantee shall maintain and upgrade the System and the technical performance of the System so as to keep pace with the developments in the State- of-the-Art as defined herein. Grantee may on its initiative participate in or undertake experiments, tests, and other activities to determine the State-of-the-Art of cable communications technology currently in use. Grantor may require that Grantee undertake such tests to the extent Grantor determines that it is economically viable and feasible to do so and provided that such experiments, tests and other activities are technically sound and undertaken in response to a mutually-defined market demand. Grantee shall provide Grantor with written reports of the results of all significant tests conducted by Grantee at the request of Grantor as described in this section. 9.12 Subscriber Antennas: AB Switches. Notwithstanding any disconnection of Subscribers' existing Antennas and down leads to receivers connected to the Cable System, the Cable System shall be so designed that physical removal of such Antennas and down leads will not be required, and so that the Subscriber may utilize such Antennas at any time in place of the Cable System Service. Grantee shall furnish and install for each Subscriber so requesting, at reasonable cost, a switch permitting the Subscriber to change from Cable reception to home-antenna reception and back at the option of the Subscriber. Grantee shall offer to install such Switch free of charge at the time of installation of Subscriber Service. Such switch and installation shall comply with FCC rules, codes, and standards, and with good engineering practice. Grantee shall notify all Subscribers at least once per year that such AB switches are available from Grantee and from others. 39 9.13 Tree trimmings. Grantee shall have the authority to trim any trees upon and overhanging Streets to prevent the branches of such trees from coming in contact with Grantee's wires and cables. All trimming shall be performed in a safe and orderly manner and in compliance with the pruning standards of the National Arborists Association, as amended, and applicable provisions of local codes and ordinances. 9.14 Drops. In areas where the Cable Distribution System is located underground, Drops to the structure (installed after the effective date of the Franchise) shall be underground, buried a minimum of twelve (12) inches. In other areas Drops may be aerial unless the Subscriber elects to pay the cost of underground installation. Insofar as practicable, Grantee shall adhere to each Subscriber's desire with regard to point of entry of the Drop connection into each structure. Insofar as practicable, within the Subscriber's structure, Drop cable runs shall be made as unobtrusively as possible. All Drops shall be grounded at the building entry, in accordance with local, NESC, and NEC requirements. 9.15 Installation Time. Within all areas served by the CATV System, service to all Subscribers requiring an aerial installation shall be provided within five (5) business days after receipt of the request for service, and service to Subscribers requiring an underground installation shall be provided within ten (10) business days after such request, unless Grantee is prevented by reasons beyond its control or later installation is requested by the Subscriber. 9.16 Parental Guidance Control. Grantee shall make available to any Subscriber so requesting, at reasonable cost, a "parental guidance control" or "lockout key" which will permit the Subscriber to eliminate intelligible audio and video reception of any or all of the Premium Service Channels. Grantee shall notify 40 all Subscribers of the availability of such parental-control devices. 9.17 Complaint Policy. Grantee shall promulgate written policy statements and procedures for reporting and resolving Subscriber complaints including record keeping requirements consistent with ~ 19.9. Grantee shall furnish a copy thereof to each new Subscriber and to Grantor, and thereafter to all Subscribers at least annually, and to Grantor and all Subscribers at such time as there is any change in such policy. 9.18 Call Recording Service for Current Known Outages. Grantee shall provide a telephone number which provides a recorded message or access to an employee or agent of Grantee, on a 24 hour basis. The recorded message shall describe current known System deficiencies and outages and thereafter accept recorded messages from Subscribers, who may leave their names; request service; report outages; and request credit for Down Time. 10 ENFORCEMENT 10.1 Performance Bond• Letter of Credit 10.1.1 Performance Bond. No later than the date of acceptance of the Franchise, Grantee shall post and maintain, at its sole cost and expense, a corporate surety bond issued by a surety company authorized to do business in the Commonwealth of Virginia and reasonably acceptable to Grantor as security for the faithful performance by Grantee in accordance with the provisions of this Ordinance and the Franchise issued pursuant hereto. Said bond shall assure Grantor of recovery of any and all liability, damages, losses, costs and expenses sustained or suffered by Grantor as the result of, without limitation, Grantee's failure to properly construct, operate or maintain the Cable Television System as required under this Ordinance and the Franchise issued pursuant 41 hereto. The total amount of the bond shall be $300, 000 and the bond shall be maintained at such level in favor of the City of Roanoke, Town of Vinton, and Roanoke County, Virginia, jointly and severally. 10.1.2 Letter of Credit. No later than the date of acceptance of the Franchise, Grantee shall deposit and maintain a Letter of Credit in the amount of $50,000 in favor of City of Roanoke, Town of Vinton, and Roanoke County, Virginia, jointly and severally. The full amount of the Letter of Credit shall be maintained throughout the term of the Franchise. The form of such Letter of Credit shall be approved by Grantor. The Letter of Credit will be used to ensure the faithful performance by Grantee of all provisions of this Ordinance, including the payment by Grantee of any penalties, costs, claims, liens or taxes due by reason of the construction, maintenance, or operation of the Cable Television System, or any breach of any provision under this Ordinance. 10.1.3 Call of Performance Bond• Letter of Credit. The Letter of Credit posted pursuant hereto shall be forfeited and become the property of the City of Roanoke, Town of Vinton, and County of Roanoke, Virginia, jointly and severally, and the Performance Bond shall become actionable by one or more of the jurisdictions, if the Franchise is revoked by reason of substantial breach by Grantee. The Performance Bond and Letter of Credit shall be maintained for the duration of the Franchise and expire by the terms herein no sooner than the expiration of the Franchise, provided, however, that the Performance Bond and Letter of Credit shall remain in force after expiration in the event of any outstanding substantial breach or dispute as to breach or amount due from Grantee. 10.2 Forfeiture and Termination; Penalties. 42 10.2.1 Forfeiture and Termination. In addition to all other rights and powers retained by Grantor under this Ordinance, Grantor reserves the right to forfeit and terminate the Franchise in the event of an uncured substantial breach of the provisions specified below for the applicable periods specified: 10.2.1.1 Failure to notify Grantor of change in ownership accumulation of 5~ as required by § 2.4.3 (30 days); 10.2.1.2 Failure to notify Grantor of change of ownership or control as required by § 2.4.2 (30 days); 10.2.1.3 Failure to provide financial information (30 days); see Parts 3 and 17 of this Ordinance 10.2.1.4 Failure to satisfy technical requirements regarding system characteristics, or failure to meet Technical Standards as provided in Part 5 and § 9.1 (30 days); 10.2.1.5 Failure to provide any service to any person as required by § 2.7 of this Ordinance and the Franchise (30 days); 10.2.1.6 Abandonment of the Cable System in whole or in part without prior written consent of Grantor (5 days); 10.2.1.7 Failure to provide and maintain insurance, surety and indemnity or failure to notify Grantor of expiration of insurance as required in Parts 7 and 8 of this Ordinance (1 day). 10.2.1.8 Failure to comply with the consumer standards as provided in Parts 19 and 20 of this Ordinance (30 days); 43 10.2.1.9 Failure to make any payments as required in §§ 7.1, 7.2 and 9.1 of this Ordinance (10 days); 10.2.1.10 Failure to supply and equip the Access Channels and other support, and any related services, equipment and facilities as required in any Franchise. agreement (60 days); 10.2.1.11 Engaging in a course of conduct constituting perpetration of any fraud or deceit upon Grantor, any subscriber, or any other user of the system at any time (none); 10.2.1.12 Taking any material action at any time which requires the approval or consent of Grantor without having first obtained such approval or consent (immediate action); 10.2.1.13 At any time, the making by Grantee, any director, officer or other Person exercising control of Grantee, or any Affiliated Person or employee or agent of Grantee acting under the express direction or with the actual consent of Grantee of any false entry knowingly in the books or accounts or records of Grantee or in any books, records, or documents relied upon by Grantor or in connection with the certification as required by q 2.15 above. (none); 10.2.1.14 Failure to complete Rebuild of the System in the time specified in the Franchise (60 days); 10.2.1.15 Any written material misrepresentation or certification made by or on behalf of Grantee in its proposal for the Franchise granted pursuant to this Ordinance or in connection with the negotiation or renegotiation of or any other modification to the Franchise Agreement or Ordinance (immediate action); 44 10.2.1.16 Failure to reasonably cooperate at any time with any lawful investigation, audit or inquiry conducted by or authorized by Grantor (immediate action); 10.2.1.17 Failure to replace amounts withdrawn from the Letter of Credit within ten (10) days in accordance with q 10.1.2; 10.2.1.18 Failure to correct deficiencies in the System following tests as provided in 4 6.1 and/or retests as provided in q 6.2 (60 days); 10.2.1.19 Accumulation of $5000 in penalties over a twelve-month period, provided, however, that no such penalties shall be deemed to be included in such total during a bona-fide dispute after notice from Grantee that Grantee will dispute such penalties as provided herein. (none) 10.3 Penalties. If Grantee fails to observe any of its obligations under the terms of this Ordinance or the Franchise issued pursuant hereto, Grantor may assess Grantee and Grantee agrees to pay Grantor monetary penalties in accordance with the schedule of penalties set forth below. The penalties set forth below shall be the exclusive monetary remedy for the named breaches, but shall not constitute a waiver by Grantor of any other right or remedy it may have under this Ordinance or under applicable law. Any such penalty shall be recoverable from the Letter of Credit or the Performance Bond, at the option of Grantor. 10.3.1 Failure to keep business office open during established business hours ($100 per day); 10.3.2 Failure to comply with the provisions of q 2.4.1 and/or ~ 2.4.2, change of ownership ($1000 per day); 45 10.3.3 Failure to test the system or provide reports thereof as required in Part 6 of this Ordinance ($100 per day); 10.3.4 Failure to render payment of Franchise fees within the time specified in Part 3.1 of this Ordinance. (Annual rate of 12$, or 2$ over the Prime Rate established by Chase Manhattan, N.,A., whichever is higher, compounded daily from time due until paid, plus an initial penalty of 5~ of amount due.); 10.3.5 Failure to comply with surety provisions of Part 8 ($100 per day); 10.3.6 Failure to make a timely filing of annual financial report as required by the terms of the Franchise or maintain open records as required in Part 17 herein ($100 per day); 10.3.7 Failure to maintain the Technical Standards required in Part 5 herein ($250 per day); 10.3.8 Failure to restore amounts to the Letter of Credit as specified in §§ 8.4 and 10.1.2. herein ($250 per day); 10.3.9 Failure to comply with any requirement of Part 20 within the time specified ($100 per day per occurrence); 10.3.10 Failure to comply with any other obligation contained in this Ordinance or future amendments hereto ($100 per day) 10.3.11 Failure to build or Rebuild the System as provided in any Franchise granted pursuant to this Ordinance ($5000 per day). 46 These penalties shall be in addition to, and not a limitation on, the other penal provisions of this Ordinance including forfeiture and termination. 10.4 Procedure for Revocation of Franchise or Imposition of Penalties. 10.4.1 Notice and Opportunity to Cure. Should Grantor desire to invoke forfeiture of the Franchise or imposition of penalties as set forth herein, Grantor shall make a written notice by certified or hand-delivered mail upon Grantee's General Manager at its local office to comply with any provision, rule or determination which it feels Grantee has breached. If the breach by Grantee is uncured for the period specified in q 10.2.1 in the case of forfeitures or 10 days in the case of penalties, following such written demand, Grantor may revoke the Franchise or impose a penalty, as appropriate. Should Grantee dispute that a breach has occurred, Grantee may request Grantor to hold a hearing pursuant to ~[ 10.3.2. Grantor shall toll the time for cure from the date of such request until a final determination is made, regarding whether a breach has, in fact, occurred, provided however, that any penalty or breach shall be deemed to run and be calculated from the date of Grantor' s original notice under q 10.3.1 in the event Grantee shall fail in its effort to dispute that a breach has occurred. 10.4.2 Hearinct. Should Grantor desire to revoke the Franchise or impose a penalty, and Grantee requests a hearing under ~[ 10.3.1.1 above, Grantor shall provide Grantee an opportunity to appear at a public hearing within twenty (20) days of receipt of such request to present its argument, including the opportunity to offer evidence and question witnesses. Based on the evidence at such hearing, Grantor shall within ten (10) days of such hearing determine whether Grantee was in breach of the Ordinance or Franchise and, if so, if Grantee has failed to cure or take 47 substantial steps to cure such breach within the allotted time. If Grantor fails to make a determination within ten (10) days following such hearing, the applicable penalty shall be tolled until a determination is made. 10.4.3 Computation of Penalty. Computation of the penalty shall begin on the day notice is received by the Grantee and shall continue until the breach is cured except as provided above. 10.5 Force Maieure; Waiver. 10.5.1 Force Ma~eure. Grantee shall not be deemed in breach of this Ordinance or the Franchise for any failure to perform which results from circumstances not under Grantee's reasonable control, such as war, civil disturbance, natural catastrophe or acts of God. Grantee shall not be excused by economic hardship or by misfeasance or malfeasance of its directors, officers, employees, affiliates or Parent. 10.5.2 No Waiver. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Ordinance or the Franchise by reason of failure or delay of Grantor to enforce prompt compliance. Any waiver by Grantor of a breach or violation of any provision of this Ordinance or the Franchise shall not operate as or be construed to be a waiver of any subsequent or prior breach or violation. 10.6 Removal After Expiration or Revocation; Option to Purchase. 10.6.1 Removal. At the expiration and nonrenewal of the term of the Franchise or its revocation, Grantor 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 48 within the Territorial Limits as well as Drops from private property at Subscriber's request. In so removing the System, Grantee shall backfill and compact, at its own expense, any excavation that shall be made and shall leave all Streets, public property and private property in the same condition as that prevailing prior to Grantee's removal of the System, and without affecting, altering or disturbing, in any way, any electric, telephone or utility cables, wires or attachments or other facilities. Grantor shall have the right to inspect and approve the condition of the Streets and public property after removal and to require appropriate repair or replacement. Grantee's insurance and indemnity shall remain in full force and effect during the entire term of removal. 10.6.2 Disposal. 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 Grantor's demand for removal is given, or if Grantee has failed to complete such removal within one (1) year after written notice of Grantor's demand for removal is given, Grantor shall have the right to exercise one of the following options: 10.6.2.1 Declare the System abandoned, with title thereto vested in Grantor 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 10.6.2.2 Cause the System, or such part thereof as Grantor shall designate, to be removed at Grantee's cost. The cost of removal shall be recoverable from the Letter of Credit and Bond provided for in the Franchise and herein, and from Grantee directly. 10.6.3 Option to Purchase. Grantor shall have the option, upon revocation for cause of the Franchise pursuant to 49 this Part, to purchase the Cable System. If Grantor elects to purchase the Cable System, the price shall be determined as provided by applicable law, with no value placed on the Franchise. 11 ROANOKE VALLEY REGIONAL CABLE TV COMMITTEE ("CATV COMMITTEE") 11.1 Members. The 11 members of the CATV Committee shall be selected as follows, and appointed by the appropriate authority: 11.1.1 One member from the Roanoke County Board of Supervisors. 11.1.2 One member from the Roanoke City Council. 11.1.3 One member from the Vinton City Council. 11.1.4 The Vinton Town Manager or his designee. 11.1.5 The Roanoke County Administrator or his designee. 11.1.6 The Roanoke City Manager or his designee. 11.1.7 One member each from the Roanoke City and Roanoke County School Systems appointed by the respective School Boards. 11.1.8 One member at-large from each of the three jurisdictions (Vinton, Roanoke, Roanoke County) appointed by the respective governing body. The General Manager of Grantee shall be given notice of the date, time, and location of each meeting, with at least 10 days' notice where possible, and may attend all such meetings, except when the meetings are in executive session. 50 The Chairperson shall be elected by the Committee for a period of one (1) year, or for such other term as the Committee shall determine. 11.2 Terms of Office. The terms for the three appointed at-large members shall be staggered, as follows: the initial appointee from Roanoke County shall serve one (1) year; the initial appointee from Roanoke City shall serve for two (2) years; and the initial appointee from the Town of Vinton shall serve for three (3) years. After the initial terms, each member at-large shall be appointed for a term of three ( 3 ) years or until a successor is qualified. Council or Board members shall serve for such periods as determined by their respective governing bodies. 11.3 Meetings. The CATV Committee shall meet at the call of the Chairperson or at such other times as the Committee shall determine, and not less often than once each year. A quorum shall be constituted by five (5) Members. The CATV Committee shall be authorized to adopt such By-laws and rules of procedure as are necessary to exercise the responsibilities granted herein. 11.4 Powers and Duties. The CATV Committee shall: 11.4.1 Advise Grantor on applications for Franchises. 11.4.2 Monitor Grantee's compliance with the provisions of this Ordinance and advise Grantor on matters which might constitute grounds for monetary forfeiture or revocation of the Franchise in accordance with this Ordinance. 11.4.3 To the extent permitted by applicable law, advise on the regulation of rates in accordance with this Ordinance, the Franchise, and applicable law. 51 11.4.4 Hear all complaints of Subscribers which have not been satisfied by Grantee; respond to such complaints; record all such complaints; attempt to resolve complaints with Grantee; record results; and report on an annual basis the results of its actions hereunder relating to complaints to the respective governing bodies. 11.4.5 Review any proposed change in Franchise ownership and recommend whether approval should be granted by Grantor. 11.4.6 Coordinate review of Grantee records as required by this Ordinance. 11.4.7 Encourage use of Access and Institutional channels among the widest range of institutions, groups and individuals within the Territorial Limits. 11.4.8 Review access budgets as prepared by Grantor departments and coordinate the expenditure of any capital grant funds provided for in the Franchise for the full development of educational channels and Access-Cablecasting programming, and other access uses of the Cable System. 11.4.9 Prepare and recommend to the respective governing bodies: 11.4.9.1 Rules and procedures consistent with this Ordinance and the Franchise, under which Grantee may use Access Channel capacity for the provision of other services when Access Channels are not being used for access purposes; and 11.4.9.2 Rules and procedures consistent with this Ordinance and the Franchise, under which such use by Grantee shall cease. 52 11.4.10 Develop appropriate policies and procedures; coordinate Access Cablecasting programming and activities; and assist in preparation and review of budgets for all Access and Origination Cablecasting activities. 11.4.11 Maintain records in accordance with statutory requirements. 12 COURT AND REGULATORY AGENCY REPORTS AND FILINGS Grantee shall submit to Grantor and the CATV Committee, within reasonable times after submission and/or receipt, copies of all pleadings, applications, reports, communications, and documents of any kind submitted by Grantee to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other government bodies, in any proceeding to which Grantee is a party and which materially affects the operation of the Cable System inside the Territorial Limits. Copies of tax returns need not be provided. 13 ACCEPTANCE Grantee shall execute any Franchise, granted pursuant hereto, along with attachments thereto, within 20 business days after the grant of the Franchise. 14 TIME IS OF THE ESSENCE Whenever this Ordinance or the Franchise sets forth any time for any act to be performed by or on behalf of Grantee, such time shall be deemed of the essence, and failure of Grantee to perform within the time allotted shall subject Grantee to the applicable provisions set forth in Part 10 above . 53 15 APPLICATION FOR FRANCHISE Any application for a CATV Franchise must contain the following information: 15.1 Identification. The name, address and telephone number of the applicant. 15.2 Description of Applicant. A detailed description of the corporate or other business-entity organization of the applicant, including but not limited to the following and to whatever extent required by Grantor: 15.2.1 The name, residence, business address, and telephone numbers of each officer, director, and the general manager of the applicant. 15.2.2 The name, residence, business address and telephone numbers of each persons having, being entitled to have or control, or controlling 1~ or more of the ownership of the applicant; and each Parent and Affiliated Person of the applicant, and the respective ownership share. 15.2.3 The name and address and telephone numbers of each Parent or Affiliated Person of the applicant, and a statement of the principal business of any such Parent or Affiliated Person, including but not limited to Cable Television Systems, broadcast stations, newspapers, magazines, and telephones companies, and the areas served thereby. 15.2.4 A detailed description of the previous experience of the applicant in providing Cable Television System service and related or similar service . 54 15.3 Application. 15.3.1 Detailed pro forma projections over the first ten years of operation of the system, by year: including, without limitation, numbers of Subscribers by Tier, rates by Tier, revenues in detail, expenses in detail, balance sheet, capital expenditures, depreciation, and cash flow. 15.3.2 A detailed and complete financial statement of the applicant, its Parent and/or its subsidiaries, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to the applicant and Grantor, setting forth the bases for studies performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct or rebuild and operate the proposed system, or a statement from a certified public accountant certifying that the applicant has available sufficient free, net and uncommitted cash resources to upgrade or construct and operate the proposed system. 15.3.3 A statement identifying, by place and date, any other cable television franchises awarded to the applicant, its Parent or subsidiary; the status of such franchises with respect to completion thereof; the total cost of completion of such system(s) and the amount of applicant's and its Parents' or subsidiaries' resources committed to the completion thereof. 15.3.4 A detailed description of the proposed plan of operation of the applicant which shall include but not be limited to the following: 55 15.3.4.1 A detailed map indicating all areas proposed to be served, and a proposed construction time schedule for the complete upgrade or rebuild of the system as necessary to become operational and to comply with this Ordinance and the Franchise, throughout the entire area to be served. 15.3.4.2 A statement or schedule listing all proposed classifications of rates and charges, including installation charges and service charges, extra service, bad checks, etc.. 15.3.4.3 A detailed, informative, and referenced statement describing the equipment (manufacturers and model numbers and operational and construction standards) which will be used by the applicant. 15.3.4.4 A detailed description of the technologies to be used, particularly in respect to extension policy and optimum service to all areas and including clear evidence of the feasibility of any planned new technologies. 15.3.4.5 Consumer-oriented subscriber-service standards. 16 REGULATORY CHANGES 16.1 General. This Ordinance and any Franchise granted pursuant hereto shall be subject to all applicable federal and state laws, rules and regulations [hereinafter "laws"]. If any such law is thereafter amended, changed or repealed, or any new law is adopted or promulgated applicable to Cable Service after the effective date of any Franchise granted hereunder, any such amendment or change shall be incorporated into this Ordinance at the option of Grantor to the extent permitted by law. Such change shall become effective upon thirty (30) days written notice by Grantor to the Grantee of such incorporation . 56 16.2 Rate or Other Rectulation. Grantor reserves the right to regulate rates for Cable Service or to engage in other regulatory activity to the fullest extent permitted by law. In the event that applicable law is amended or repealed or any restrictions on the authority of Grantor to regulate rates or other Grantee activities are removed or lessened, this Ordinance shall be deemed to include such regulatory authority for Grantor as if expressly set forth herein. If the FCC, or any other authorized entity, permits Grantor to regulate such rates, Grantor may, at its discretion, establish reasonable procedures and standards and regulate such rates to the fullest extent permitted. If the FCC or any other government body is granted the authority to regulate rates, such rules as may be promulgated may be appropriately incorporated into any Franchise and this Cable Ordinance, at the option of Grantor. 17 OPEN BOOK5 AND RECORDS Grantee shall make available, upon written request by Grantor, complete and accurate books of account, records, maps, plans and other like materials of the company applicable to the business, ownership, and operations of the system. Grantor shall have the right to inspect Grantee's operations at intervals and for reasons related to the enforcement, compliance, and administration of this Ordinance and the Franchise and to obtain any applicable information which has not otherwise been provided to Grantor, when Grantor has reasonable basis to believe such has not been reported fairly or accurately. Grantor shall protect the confidentiality of such information to the extent permitted by law. Within thirty (30) business days after request by Grantor, Grantee shall provide Grantor with copies of such records, certified as accurate by an officer of Grantee. 57 18 SEVERABILITY All terms and conditions of this Ordinance and the Franchise are subject to the rules and regulations of, and to any required approval of, federal and state agencies. If any provision of this Ordinance or any Franchise granted hereunder is held by any court or federal or state agency of competent jurisdiction to be invalid as conflicting with any federal or state law, rule or regulation now or hereafter to become in effect, or is held by such court or agency to be modified in any way in order to conform to the requirement of any such law, rule or regulation, said provision shall be considered a separate, distinct and independent part of this Ordinance or the Franchise, and such holding shall not affect the validity and enforceability of any other provisions of this Ordinance or the Franchise. Notwithstanding the foregoing, if any part of the Franchise is found to be invalid by the FCC or any court of competent jurisdiction, then the parties shall renegotiate such part. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof 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 immediately to full force and effect, at the option of Grantor. 19 SERVICE AND REPAIR STANDARDS Grantee shall establish and adhere to a preventive maintenance policy directed toward maximizing the reliability and maintainability of the Cable System with respect to its delivery of Cable Service to Subscribers at or above the Technical Standards set forth herein. When it is necessary to interrupt Cable Service for the purpose of making repairs, adjustments, installations or other maintenance activities, Grantee shall do so at such times as 58 will cause the least inconvenience to its Subscribers, generally between the hours of 11:30 p.m. and 6:30 a.m. the next morning. Grantee shall comply with consumer service standards as promulgated by the National Cable Television Association (NCTA) which standards are incorporated herein by reference, and with the following: 19.1 Regair Capability. Grantee shall maintain sufficient qualified technicians, service vehicles, and test and repair equipment to provide repair service within the parameters set forth below. 19.2 Notice. Except in an emergency, Grantee shall give Subscribers at least 24 hours' notice of any interruption of Cable Service for purposes of maintenance or repair. In an emergency, Grantee shall give such notice as is reasonable in the circumstances. Notice given on the Alphanumeric Channels shall be considered sufficient. When Subscriber channels will be interrupted, normal scheduled service and repair shall be performed between the hours of 11:30 p.m. and 6:30 a.m. the next morning. 19.3 Repair Procedure. Grantee shall have a local listed telephone for receipt of requests for repairs at any time, 24 hours per day, seven days per week. Grantee responses to such requests shall occur within 24 hours after Grantee's receipt of such a request, oral or written, excluding Sundays and holidays. Verification of the problem and Grantee's best efforts to resolve the problem shall occur within 48 hours. In any event, resolution should occur within five (5) working days Those matters requiring additional maintenance, repair, or technical adjustments that require more than five (5) working days to complete shall be reported in writing to the Subscriber and the CATV Committee . Grantor may require reasonable documentation to be provided by Grantee to substantiate a request for additional time to resolve any such complaint. 59 Grantee shall respond seven days a week within two hours to any Area Outage which occurs between the hours of 7:00 am and 9:00 pm, and by not later than 11:00 am the following day to any Area Outage which occurs between 9:00 p.m., and 7:00 a.m. the following day. Such response shall mean actual commencement of trouble-shooting and repairs, plus contact with the complaining Subscriber(s), if reasonably possible under the circumstances. 19.3.1 Reports to Grantors. Grantee shall provide written notice detailing all actions taken to resolve complaints submitted to Grantor, within 5 business days from written or telephone notification by Grantor to Grantee. Grantee shall provide monthly service-call and outage reports to Grantor or the CATV Committee upon request. 19.4 Refund for Outacte. For any continuous Service interruption or loss of service in excess of 24 hours, Grantee shall make a pro-rated refund of such Subscriber's regular monthly charge to each Subscriber so affected, upon written request of such Subscriber. The 24-hour period shall commence when Grantee learns of such outage whether through Subscriber notification or notification by Grantee's maintenance personnel. Such refunds shall be prorated by multiplying the applicable monthly service rate by a fraction whose numerator equals the number of days of the outage and whose denominator equals the number of days in the month of the outage. For purposes of this paragraph, an outage shall be defined as a Subscriber's receipt of less than two thirds of the authorized Basic Cable Service Channels, or loss of any Premium Channel. Grantee shall not be required to grant a refund in the event that an outage is caused by any Subscriber. 19.5 Billing Practices. Grantee shall maintain written billing practices and policies and shall furnish a copy thereof to Grantor, the CATV Committee, and all Subscribers, and to each new 60 Subscriber. Grantor and all Subscribers shall be notified in writing 30 days in advance of any changes. 19.6 Pro-rated Service. In the event a Subscriber's service is terminated for any reason, monthly charges for service shall be pro-rated on a daily basis. Where advance payment has been made by a Subscriber, the appropriate refund shall be made by Grantee to the Subscriber within 30 days of such termination, unless the amount is less than $5.00 which shall be refunded only upon the Subscriber's request. 19.7 Disconnection for Non-Payment. Grantee shall have the right to disconnect a Subscriber for failure to pay an overdue account provided that: 19.7.1 Grantee's billing practices and policy statements have set forth the conditions under which an account will be considered overdue; and 19.7.2 Grantee mails written notice of intent to disconnect at least 15 days prior to the proposed disconnection; and 19.7.3 The Subscriber's account is at least 30 days delinquent computed from the first day of service for which payment has not been made. 19.8 Records. Grantee shall maintain records of all service complaints by Subscribers either oral or written. Grantee shall maintain records showing the date of receipt of all written complaints and identifying the Subscriber, the nature of the complaint, and the date action was taken by Grantee in response thereto, together with a description of such action. Such records shall be kept available at Grantee's local office for at least two years from date of receipt, for inspection by Grantor as it may at 61 any time and from time to time reasonably request, during business hours and upon reasonable notice. A periodic log of all complaints and resolutions, by category, shall be provided to the CATV Committee or its designee upon request. Complaints that remain unresolved for a period of ten (10) working days or more shall be reduced to writing by the Subscriber and submitted to the CATV Committee or its designee for appropriate action. 20 CONSUMER STANDARDS Grantee shall comply with the following Consumer Standards, beginning within two years after the effective date of the Franchise. Service standards shall generally equal or exceed those established by the NCTA, and in Part 19 hereof. 20.1 Mean time between failures. The average time between Area Outages shall exceed twenty-four (24) hours in any twelve (12) month period. It shall be computed by dividing the operating time by the number of Area Outages. 20.2 Mean time to repair. The average time to complete repair to system outages shall not exceed two (2) hours in any twelve (12) month period. It shall be computed by dividing the total time for repairs by the number of repair orders. 20.3 Subscriber Down Time. Annual Subscriber Down Time shall not exceed an average of four hours per Subscriber. 20.4 Mean Time to Install. Mean time to install shall be eight working days for underground installations and four working days for aerial installations. 20.5 Service Calls (Repairs. Seventy percent (70~) of all repair requests shall be acted upon within 24 hours; 90$ within 96 hours. All repair requests shall be resolved within 5 working 62 days unless good and sufficient cause exists. Any service call not resolved within 5 working days shall be reported in writing to the CATV Committee by Grantee within two working days thereafter. 20.6 Telephone Waiting Time. During normal business hours, 90$ of all telephone calls shall be picked up on or before the fourth ring and no caller shall be allowed to wait for more than 10 rings. Waiting time shall not exceed an average of 30 seconds total for any caller and no caller shall be transferred except for specialized services. 21 PRIVACY Grantee shall comply fully with the letter and spirit of Section 631 of the Cable Act with regard to the right of privacy of any Subscriber. If any device or signal associated with the Cable System interferes with the right of privacy of any third party, Grantee shall terminate any such interference Grantee shall not disclose the name of any Subscriber to any third party, except for Grantee's own marketing or research purposes . 21.1 Installation of Equipment. Grantee shall not install its Cable Distribution System on private property without first securing written permission of the owner or tenant in possession of such property or the written permission of the holder of any easement for utility lines or similar purposes, and in accordance with law. Upon request, Grantee shall inform owners and tenants of the functions of all equipment installed on private property. 21.2 Monitoring. Neither Grantee nor any of its officers, employees or agents shall tap, monitor or arrange for the tapping or monitoring of any Drop, Outlet or receiver for any purpose whatsoever other than legitimate technical performance testing of the Cable System or the monitoring of Subscriber Cable Service or 63 monitoring to prevent theft of service, without prior written consent of all affected parties. 21.3 Subscriber Lists or Information. Grantee shall not sell, disclose, or otherwise make available, or permit the use of, lists of the names or addresses of its Subscribers, or any list or other information which identifies Subscribers or Subscriber viewing habits, to any person or entity for any purpose whatsoever without the consent of such Subscriber, all in accordance with and subject to the provisions of the Cable Act and applicable law. This provision shall not prevent Grantee from performing such acts as may be necessary for the purpose of service-related activities, including surveys. 21.4 Protection of Privacy. Grantee shall not transmit any Audio, Video or Digital Signal, including polling channel selections, from any Subscriber's premises without first obtaining the written consent of that Subscriber. (This provision is not intended to prohibit the use of transmission signals useful only for the control or measurement of signal performance and programming, e.g., status monitoring or reception of premium programing, but such information shall not be used except for those basic purposes.) Grantee shall not permit the installation of any special terminal equipment in any Subscriber's premises which will permit transmission from Subscriber's premises of two-way services utilizing Audio, Video or Digital Signals without first obtaining written permission from the Subscriber. 22. PRIOR INCONSISTENT ORDINANCES All ordinances or parts of ordinances inconsistent with or contravening this Ordinance or any franchise granted hereunder are hereby repealed. 64 23. NON-DISCRIMINATION Grantee shall not discriminate on the basis of race, religion, color, sex or national origin in employment practices, contracting or provision of services. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and publication. EXHIBITS: EXHIBIT A: LINE EXTENSIONS EXHIBIT B: DOWNTOWN-ROANOKE DROPS FOR GOVERNMENT USE Passed this day of 1991 Approved this Executed: day of ROANOKE COUNTY VIRGINIA By: ATTEST: 1991 65 CABLE TV FRANCHISE AGREEMENT THIS AGREEMENT made and entered into this day of 1991 by and between ("Grantor") and Cox Cable Roanoke, Inc. ("Grantee"): WHEREAS Grantor has reviewed the Proposal and Application for a CATV Franchise of Grantee; and WHEREAS Grantor at duly authorized and regular meetings did vote to grant a renewal of the Cable TV Franchise to Grantee; pursuant to the provisions of the Cable Act, City Charter, and State Code. NOW THEREFORE in consideration of said grant of renewal of the CATV Franchise, the parties agree as follows: 1. GRANT Grantor hereby grants to Grantee a Cable Television Franchise to operate a Cable Television System within Grantor's Territorial Limits in accordance with the terms and conditions set forth below. The Franchise is granted pursuant to Grantor's Cable Television Ordinance dated April 1991, ("Ordinance"), which, with any amend- ments thereto, and including applicable definitions, is incorporated by reference herein. 2. TERM The term of the Franchise shall be twelve (12) years, com- mencing on the date of acceptance of this Franchise. At the end of the first six (6) years of the term, Grantor shall evaluate Grantee's performance under this Franchise and the Ordinance. If Grantee has not completed the Rebuild of the Cable System as provided in Part 4 10. EFFECTIVE DATE The effective date of the Franchise shall be May 1, 1991. EXHIBITS: EXHIBIT A: Institutional Cable Distribution System EXHIBIT B: Community Studio Equipment EXHIBIT C: Downtown-Roanoke Drops for Government use EXHIBIT D: Technical Rebuild Plans WITNESS the following signatures: Attest: COUNTY OF ROANOKE, VIRGINIA By_ County Clerk Its day of 1991. Accepted this __ Attest: COX CABLE ROANOKE, INC. By_ Its Title: 8 ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OUNTY ADMINISTRATIONRCENTER COUNTY, VIRGINIA HELD AT THE ROANOKE MEETING DATE• April 16, 1991 AGENDA ITEM' Budget Work Session COUNTY ADMINISTRATOR'S COMMENTS: S~p,Ry OF INFORMATION: Staff will This time has been set aside for a budget work session•the proposed respond to questions the Board ae reformatted two Year budget will 1991-92 budget. In addition, be presented. yG~-itw ~ cr / (~` Elmer C. Hodge County Administrator ----------------- ---------------------- VOTE --- ACTION No yes Abs Approved ( ) Motion by: Eddy Denied ( ) Johnson Received ( ) McGraw Referred ( ) Nickens To ( ) Robers FRANCHISE AGREEMENT EXH~BIT A INSTITUTIONAL CABLE DISTRIBUTION SYSTEM P~Ca e Capabilities and Operations Injection Points Equipment List 1-2 4 - 5 Map INSTIT CAPABILIT ESLANDSOPERAT ONS YSTEM EXHIBIT A The Institutional Network to be utilized for access is designed as a separate cable distribution system ("B" Cable). In looking at immediate and future interest for access as determined by the Access Committee it was decided technically and operationally a separate "B" system would meet the access interest. The current sub-split cable system has the capability of distributing four channels upstream to the headend with two of those channels being used by Cox Cable Roanoke presently. This leaves only two return channels available for access or future cable related interest. Utilizings the existing distribution system for a return from multiple locations as injection points on the system is very difficult to maintain, with multiple trunk and feeder cables, this often results in interference of picture quality. It is our common goal that the access channels provide outstanding picture quality and reliability; therefore, we believe the separate "B" system is the best method for distribution. The engineering of the Cable Distribution "B" System for the Institutional Network is designed utilizing coaxial cables with Scientific-Atlanta feed forward amplifiers to reduce amplifier cascades, increasing picture quality and increasing system reliability. Institutional Facilities injection of signals on to the Distribution Cable "B" System at locations, as noted on the Exhibit A (design maps), 'can be accomplished with a headend Scientific-Atlanta tunable modulator installed at each designated location. At the - 1 - Institutional Cable Distribution System Capabilities and Operations Exhibit A Page Two modulator, input video signal can be inserted for upstream distribution. The signal will be transported upstream through the Distribution Cable "B" System to the Headend. The incoming video signals to the Headend will be processed using Sciendific-Atlanta processors and assigned to the appropriate channels for distribution downstream on the Subscriber Cable Distribution System. All programming will be in the clear or unscrambled for all subscribers except those signals designated for protection as determined by the franchisor for distribution to certain Institutional Facilities only. The signals designated as protected will be scrambled by using Eagle scrambling equipment at the Cox Cable Roanoke Headend; therefore, residential and commercial customers will not have access to those protected signals, only the designated Institutional locations will receive programming. - 2 - INSTITUTION INJECTION POINTS TION SYSTEM EXHIBIT A 1) Va. Western Comm. College 12) Roanoke Civic Center 710 Williamson Rd. 3095 Colonial Ave. Roanoke, VA Roanoke, VA 2). Patrick Henry High ,School 13) William Byrd High School 2802 Washington Ave. 2102 Grandin Rd. Vinton, VA Roanoke, VA 14) Roanoke County Career Center 3) Governors School Old William Byrd High School 2102 Grandin Rd. Vinton, VA Roanoke, VA (Potential -Studio Location 4) Roanoke City Main Library 15) Vinton War Memorial VA 706 Jefferson St. Vinton, Roanoke, VA 5) Roanoke Municipal Bldg./ 16) Vinton City Hall 311 S. Pollard St. Police Department Vinton, VA 215 Church Ave. 309 - 3rd St. Roanoke, VA n High School ff 17) Roanoke County Main Library 6) erso Old Je 3131 Electric Rd. 500 Block Campbell Ave. Roanoke, VA Roanoke, VA 7) Roanoke City School Admin. Bldg. 18) 4902eHiddeln Valley School ool 40 Douglas Ave. Roanoke, VA Roanoke, VA 19) South View Public Safety g) Roanoke Airport 3568 Peters Creek Rd. Main Terminal Roanoke, VA Roanoke, VA 9) William Fleming High School 20) Roanoke County Admin. Bldg. Brambleton Ave. 3649 Ferncliff Ave. Roanoke, VA Roanoke, VA 10) WBRA Public TV 21) Cave Spring Rescue Brambleton Ave. 1215 McNeil Dr. Roanoke, VA Roanoke, VA 11) Raleigh Court Library 2112 Grandin Rd. Roanoke, VA -3- INSTITUTIONAL CABLE DISTRIBUTION SYSTEM EQUIPMENT LIST EXHIBIT A A. Cable - as listed or equivalent 1. Aerial P-2 CA Comm-Scope Sizes .750, .500 P-3 CA Comm-Scope Sizes .750, .500 T-4/T-6 Times Fiber Sizes .750, .500 2. Underground P-2 JFCA Comm-Scope Sizes .750, .500 P-3 JFCA Comm-Scope Sizes .750, .500 T-4/T-6 Times Fiber Sizes .750, .500 3. Dro RG-59 Series Comm-Scope and Times Fiber RG-6 Series Comm-Scope and Times Fiber RG6Q Series Times Fiber g, Active Electronics - as listed or equivalent 1. Trunk Amplifiers -Feed Forward Scientific Atlanta Model 6500 series 2, Bridging Stations -Parallel H i~ brid Scientific Atlanta Model 6500 series g. Stand-by power systems 100% stand-by Lectro-Century II 4. Headend Scientific Atlanta Processors Model 6150 Modulators Model 6350 Eagle Scrambler EE2001 5. Converters Toco m 5503 -V I P Oak-FT, M35, RKDM - 4 - Institutional Cable Distribution System Equipment List Exhibit A C. Passive Electronics - as listed or equivalent 1, litter Jerrold Splitters/Directional Couplers SSP series 2. Power Combiner Jerrold SPJ 3. Subscriber Taps Jerrold - FFT Magnavox - 5900 4. Connectors LRC PPC -5- FRANCHISE AGREEMENT COM1ViL!NITY STUDIO EQUIPMENT EXHIBIT B DESCRIPTION ODEL ERIAL 'RECORDER SONY iV05800 17 6127 i IDITING RECORDER iSONY IV05850 1 74502 i IDITING RECORDER SONY V09850 12416 IDIT CONTROIZ.II2 ~ ' NY RM450 70181 CONTROL CABLE ,SONY RCCS F NTROL CABLE SONY ROCS F , --- EO DUB CABLE NY ~ ~DCS - 13" COIDR MONI'T'OR NY PVM1380 1-2003306-0 13" COIAR MONITOR NY PVM1380 1-2003286-7 " MONITOR SONY iPVM8020 5016265 i ~HI{E ~ ,SHURE 67 958003 VIDEO CAMERA ATTACHI FP-10 2121994 CAMII2A IENS FUJINON AlOX118 140885 VIE1r FINDER HATICHI M-3BU 055873 VIDEO CAMIIZA - HITACHI FPCI 080'142 VIE~P FLN'DER HITACHI ~ M-7N 080053 AMERA IENS HITACHI 12X9BER7C 705900053 AC ADAPTER HITACHI HIAP60A 072975 ATTERY BRACI~'f HITACHI HICBCI 139 CAMERA CABIE 'HITACHI ~HIC201 VR i PORTABIE VIDER RECORDER ~ NY 'BVU150 11977 RECORDER CASE I{&H I{HC150 D ITE12 035 'FI~JID HEAD IITE IITHI4A ~AT300 ~CIA19 BAIL. ASSM IITE I1TCB3 I TRIPOD ~ FT.IJID READ ~ A11ERA PLATE ITE _ _~~ 'MICROPHONE NY iECM55B ~ ' MICROPHONE NY ,ECM55B MICROPHONE NY ECM55B MICROPHONE IIECTROYOICE 635A - !MICROPHONE ;ME80/IOiU 172647 ~; FRANCHISE AGREEMENT DOWNTOWN-ROANOKE DROPS FOR GOVERNMENTAL USE EXHIBIT C I. Downtown -Roanoke Drops Time of Installation 1) Fire Station On or before 5/1/92 Church Ave., SW Roanoke, VA 2) Police Station On or before 12/31/91 309 - 3rd St., SW if connecting conduit is Roanoke, VA available. On or before 5/1/92 if not available. 3) Municipal Building On or before 12/31/91 215 Church St., SW if connecting conduit is Roanoke, VA available. On or before 5/1/92 if not available. 4) Roanoke City Library On or before 12/31/91 706 Jefferson St. Roanoke, VA 5) City Conference Center Future as needed. Jefferson St., SW Roanoke, VA 6) Option Building (Old IBM) Future as needed. Campbell Ave., SW Roanoke, VA Franchise Agreement Downtown -Roanoke Drops for Government se Exhibit C II. Government Housin Dro s ment 'ect to the consent and approval of the Roanoke Redevelop Subs Housing Authority (RRHA), Cox Cable shall provide Cable Service and RHA if the governmental housing units underground facilities to R em can be accurately located by the owner of such serving th four (24) facilities. Cable Service shall be installed within twenty that the ro riate party; provided months of request by the aPP p necessary conditions for installation have been met. -2 FRANCHISE A G R E E M E N T EXHIBIT D COX CABLE ROANOKE, INC. Technical Rebuild Plans City of Roanoke County of Roanoke Town of Vinton Proposed for Renewal Terms For Cable Television Refranchise TECHNICAL REBUILD PLANS Cox Cable Roanoke, Inc. proposes to rebuff Id the Cable Television System serving Roanoke City, Roanoke County and Vinton to permit the transmission of 450 MHz system (62 channels). The following is a time schedule for the Distribution System Rebuild in months/years after approval of the franchise renewal. FIELD ENGINEERING, DRAFTING AND DESIGN. A complete as-built (distribution system verification) of the system to assist in final Rebuild Plans. After the As-Built Drafting and a Design Layout of the electronics and its initiation into the existing Distribution Plant in various areas of the system will be completed. Completion date projected for Field Engineering, Drafting and Design is 12 months. BILL OF MATERIALS AND CONTRACTS. Determine from Design Maps total quantities of equipment and labor needed for Rebuild; select equipment vendors and contractors; issue purchase orders. Completion date projected additional 3 months. REBUILD CONSTRUCTION. Placement of hardware, cable, passives and electronics; completion projected additional 30 months. BALANCE AND PROOF. Activate new frequencies (channels) completion projected additional 3 months. TOTAL TIME - 48 months. B. Active Electronics - as listed or equivalent I. Trunk Amplifiers Scientific Atlanta Model 6500 series 2. Bridging Stations Scientific Atlanta Model 6500 series 3. Line Extenders Scientific Atlanta Model 6500 series 4. Stand-by power Systems 100% stand-by LECTRO - CENTRU RY I I 5. Headend Scientific Atlanta Processors Model 6150 Modulators Model 6350 6. Converters Tocom 5503-Vt P Oak-FT, M35, RKDM C. Passive Electronics - as.listed or equivalent I. Splitter Jerrold Splitters/Directional Couplers SSP series 2. Power Combiner Jerrold SPJ 3. Subscriber Taps Jerrold - FFT Magnavox - 5900 4. Connectors LRC PPC D. Fiber Equipment 1. AM Optical Video Transmission Equipment 2. AM Optical Video Receiver Equipment IVI Cox Cable Roanoke, Inc. meeting or exceeding Technical nts that it is capable of rds and performance tests. Cox Cable Roanoke shall Rebuil its existing Cable System to increase Channel capacity from the present 35 channels to 62 channels (450 IViHz). Cox shall Optic technology in its System to reliability. orate State-of-the-Art Fiber nprove picture quality and System REFERENCE ITEMS The reference items referred to in the text of this "rebuild" section of .the proposal are included in the next 2 pages. These are: 1. Optical Fiber Routing Design Diagram 2. Table illustrating projected improvements in the system's carrier-to-noise (picture quality) levels resulting from the installation of 10 optical fiber nodes in the trunk distribution system. Franchise Ordinance Line Extensions Exhibit A The areas on the map highlighted in blue represent areas which comprise 705 homes and would require 62.4 plant miles resulting in an 11.3 homes per mile average density. The density of this area does not provide an adequate return on investment to provide Cable Service at this time. Cox Cable Roanoke shall consider other options for these areas such as construction cost sharing or possibly assisting with provision of Direct Broadcast Satellite service where technically possible on an individual basis. -2- 221 AND (AT[DN IiW. AREA PRISL i zzt ttnlaN Imt ~ Pant rulL7 R6 WUIt / S11t1}I NA10S e9e Sa11s R~ uel ~ 7zs slnarc tarsi tm ego Pows ruler xn Ott l»<01 ilffi. AD 1017 WImN Y0':7 Ul 1721 Idx1I'3P 710. 1151 SUNNY ruL IOL 101 OOI10N t~L RD 10 BR8ta00 713 BR1NC0 OR 1001 tORr YASON OR 1001 RIC~EN010O1 R 1000 101E1lE71RY R /007 tFI0GP01 R 1001 61fI7t1011R an /09S 1151 POND 101 loo/ Ri-~Y ul 4002 R1BOR RUN Ill . /on Fmr clues Rn 4090 ORFN lm uoo roTa allt at not uleult. tx 633 BRGR RRICC t5t e54 1usoN 101o61t6. eu mna+ 1mt tas es3 ct6loe Ra 4131 SUCARIN ~ R4 4137 rneu*N~c rn N/0 BLt7ml s~ Ima ~ ~oN~ 1~t ~ eou Tut oAC ul rAUlum ud scuts eee RlOnRr>r Ra eel mrAN Rams Rn zzt OaluN Ro to RL 190 Fttl~ 1 loco Rags 33e t111'tL IDIB 1995 colas cta ltQlt 16.! PRASL x 2x1 t Pont rw~r ~ to u Dana 1o+a6 as InIRt: / SiRff! NIOd ego ~ cultic eo blz ~ e9t D111N~om ~ 732 91AYFR 10) R/R (~}UIE Rr TJZ) 75x pD IOL. PD 070 01D BQfr II1N RD 1765 BOfLYBE111tY 101 1766 7lDU.YBFIOK @ 1067 RAR110NY IN 1777 lO~FRId1E m 1776 PM171T DR lrn Ftt1C10]= ~ 602 ltr amnNta F9 1200 ~.101FIJLS Pu01 0R tzot toctamns root mt 1202 BG~iF7>ncS Pu0[ 1OL e94 tx Dana 10+06 R6 1000 UDUNfttPtH e9s ~ tm 67o Iasr 1t1x 17o rJw1o11 R6 eoo7 use R6 17eo eatcs 1m1. R6 eou tEf111A 11t 1761 loo RUN C1R z21 Pa1cs rAL11ar 9n 1n 6 Ptu~ t Taro. tla0s s3s toru lmis 1611 tra1~ r151~ tez nutir 3 zxt r< tl~nmt to co1mlRlr moo dt ROUIL / SIRF}7 Nlta m/ t3@OIL rx t77s wm.N 1930 F016ST E»a D6 2035 GDIIIFDGt PO OOOS 167'1 FOREST OR 0007 YOfIFR100D 110, 0007 BIYBF70tY Q 1700 CtO101GL [01t 0! 1701 ttM101T 0! 1702 BOI10oD tbR 1703 001f1I00D 006 YIRIO~S (70II 0D 6511 10>aiIJC87111 1000 couNlRnooo Ot 766 r01F.YU0! ~ Bozo u.1~x ix 756 6FnclNmla u 637 r1lat115 oe 036 171Ea l~l e96 Ieelt rrme Ix ooox snap IfIN m 6004 tmr boot P~Prn x21 1! oaoa 101oe RD TOTAL 60105 330 Toro 1o1s lzz6 ram PFR YRt 292 torus tut zzt / tolt0x ~t Pan1FOT mmls rotas PR15E t I19s 33t PBASL 2 16.71 ~ Pews>r 3 tzzb 336 tore orFnut sort Fo3o uoas PaL raa m./ FRANCHISE ORDINANCE DOV~INTOWN-ROANOKE DROPS FOR GOVERNMENTAL USE Tali iiTiT T I. Downtown -Roanoke Drops Time of Installation 1) Fire Station On or before 5/1/92 Church Ave., SW Roanoke, VA 2) Police Station On or before 12/31/91 309 - 3rd St., SW if connecting conduit is Roanoke, VA available. On or before 5/1/92 if not available. 3) Municipal Building On or before 12/31/91 215 Church St., SW if connecting conduit is Roanoke, VA available. On or before 5/1/92 if not available. 4) Roanoke City Library On or before 12/31/91 706 Jefferson St. Roanoke, VA 5) City Conference Center Future as needed. Jefferson St., SW Roanoke, VA 6) Option Building (Old IBM) Future as needed. Campbell Ave., SW Roanoke, VA County of Roanoke FY 1991-92 Budget Work Ses ~- tnnents of Proposed Budget Add Summary April 16, 1991 Budget Deficit @ March 26, 1991 Budget Adjustments: Revue Amusement Tax - 5% Cable TV Franchise Tax - 5% Sub-Total Revenues Expenditures E I I anmll I anml tlon of Annual Repo-~ County Assessor Reduction in Part-Time Staffing- ues-Parks & ReCTeets°n Elimination of Baseball Prog amt bee gupplemented by Therapeutics Summer Other-Parks and Recreation Legal Fees-Dixie Cav Debt Service Payments Reduction in County Valleypointe Reduction in addition to uses ranee Reserve Sub-Total Expend) 337 977 $ 50,000 4~50~ $ 98,500 $ 15,000 6,000 7,000 5,000 5,000 25,000 52,581 88,000 35 896 $ 239,477 Total Budget Adjustments County of Roanoke Two Year Budget Projections FY 1991-92 and FY 1992-93 April 16, 1991 Revenue Increases Real Estate Public Service Corporation Personal Property Sales Tax Utility Consumer Tax Business License Tax Motor Vehicle License Tax Transient Occupancy Tax Recordation Tax Meals Tax Amusement Tax Permit & Fees Other Local Revenues Total Local Revenues FY 1991-92 $ 32,243,174 1,450,000 13,900,000 4,450,000 1,600,000 2,480,000 1,370,000 215,000 315,000 1,850,000 50,000 508,000 2.025 400 $ 62,456,574 FY 1992 93 $ 33,855,000 1,525,000 14,350,000 4,550,000 1,650,000 2,510,000 1,380,000 225,000 325,000 1,900,000 50,000 508,000 2.0- 3- 3 500 $ 64,861,500 Dollar Change $ 1,611,826 75,000 450,000 100,000 50,000 30,000 10,000 10,000 10,000 50,000 -o- -0- 8100 $ 2,404,926 Commonwealth Net New Revenues Note: 6,389,350 68 845 924 Splitting new revenues 50/50 with the Schools would generate: 6,389,350 71 250 850 -o- 2 404 926 $2,404,926 _ 2 =$1,202,463. Potential County and School Expenditure Increases 5% Salary Increase -County (1 % $170,000) 5% Salary Increase -Schools (1 % $550,000) $ 850,000 County Health Insurance 2,750,000 County Dental Insurance 150,000 School Health Insurance ~~~ School Dental Insurance 250,000 Tipping Fees 38,484 Debt Service on Existing County Debt 50,000 Dixie Caverns Clean-up 27,800 Debt Service on $15 Million Bond Issue 750.000 School Buses (10 x $32,000) 1,800,000 VDOT Match 320,000 Recycling Program Expansion 500,000 Building Renovations -School and County 318,500 500,000 Total Potential Increase in County & School Expenditures 8 343 268 Assumptions • Real Estate Tax revenues for both FY 1991-92 and FY 1992-93 were based on a 5% increase in assessments each year and a $1.13 tax rate. • Level funded revenues from the Commonwealth for FY 1992-93. • Other revenues were increased based on a five year trend, giving consideration to the recession and the effects and timing of the recovery. • Assumes no Salary increase for County or School employees. A 5% salary increase for School and County employees would cost $3.6 million. 4 PEOPLE SPOKE IN OPPOSITI00~ A 1~O ~~GORIES D AND E LBE SUBST. MOTION TO APPR AYES-LBE NAYS-RWR,B~~CN,SAM WR MOTION TO APPROVE CATEGOR~S C~ D, E AT 5°10 R URC 2, Ordinance authorizing the acquisition of a 0.108 acre arcel of land from Mamie E. Webster for the Bushdale P Road Rural Addition Project. HCN gEQUESTED EXECi7T~ SESSION TO DISCUSS WILL BE BROUGHT BACK ON 4116191 MEMO - 4/10/91 To: Supervisors, Mar Allen From: Lee B. Eddy ~~~~"' Subject• Funding For Capital School Projects et ro ection presented to us by the County The two-year budg P ~ to say the least. Faced with the Administrator is frighteningeither employee pay raises or funding 1992-93 option of providing I think debt service on a $15 million (plus or minus) bond issue, raises. In my opinion, this cruel choice the chances favor the paY eneral bond issue referendum for may delay the decision to hold a g the staff, current debt school and other projects. As reported by service payments will not drop significantly until fiscal 1993-94. et ackage submitted by the School Board, dated 3/28/91, The budg P includes a revised Capital ImporOSe eforpaobond referendum and Fund $10,500,000 in projects is p P Literary $4,080,000 in projects is proposed to be financed by ear waiting loans. Dr. Wilson has said there rolectskcan be financed from the period before any Roanoke County p J Literary Fund. However, if a bond essustrasesoon orlsoonerythanthe Literary Fund money may be availabl ~ the G.O. bond money, and at a substantially lower interest rate. the School I suggest that the Board of Supervisors Fundlloanssupnto the Board to make applications for Literary .s current Literary maximum allowable ($20 million less the County ro ects. Fund debt), which should total $10 to $12 million in new P ~ such To my knowledge there is absolutely no disad~ameaWethoutapenalty. applications. They can be withdrawn at any If economic conditions improve and it appears feasible to accelerate school construction by means of an early bond referendum, those projects to be included in the referendum can be Fund applications. removed from the Literary This is a formal request to p991.eadjis matter on the agenda orect ourned Board meeting. If staff discussion at the April 16, members have any additional background information on this subs I hope that will be made available to us. cc: Elmer Hodge, Frank Thomas, Bayes Wilson LBE FOI File -~~~a-~ ~~z~~ ~~ ~ ~, ~~ ~~ ~h ~~ ~~ -~ ~ J i ~~ ~~t~ ~ u-~-~~