Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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-~-~~