Loading...
HomeMy WebLinkAbout1561 ResolutionA E. PASSED by th asco City Council and appro ed by its Mayor this 7 day of 98 er Mayor ATTP T Th s, City Clerk stelj., City Attorney RESOLUTION NO. 1561 A RESOLUTION approving the City of Pasco's CATV Plan. WHEREAS, the Citizens Advisory Committee on cable television has recommended to the City Council a proposed CATV Plan that not only meets the needs and desires of the City and potential sub- scribers to a cable communications system, but provides fairness to the current City cable television franchisee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: The cable communications plan submitted to the City Council by the Citizens Advisory Committee is hereby approved. A copy of the approved CATV Plan is attached to this resolu- tion and is by reference a part of the resolution. CITY OF PASCO CATV PLAN TABLE OF CONTENTS CATV PLAN, PASCO, WASHINGTON PAGE INTRODUCTION 1 II DESIRED SERVICES AND PERFORMANCE 1 REQUIREMENTS III SYSTEMS SERVICES 2 IV LOCAL ORIGINATION AND PUBLIC ACCESS 7 FACILITIES AND SUPPORT V RATES AND CHARGES 11 VI SYSTEM COMPONENTS 13 VII. SYSTEM CONSTRUCTION 16 VIII TECHNICAL STANDARDS AND PERFORMANCE 17 TESTING IX WAIVER CLAUSE 23 • CITY OF PASCO CATV PLAN INTRODUCTION The current franchise agreement with the Columbia Television Company expired on December 10, 1982, and was extended by Council Resolution to no longer than July 31, 1983 The City Intends to grant a new CATV franchise for a period of fifteen (15) years so as to provide for a state-of-the-art cable communications system This CATV Plan contains information and instructions about the conditions and provisions on the construction, design, operation and maintenance of the cable communications system ) and specifies the provisions which will be binding on the Grantee The new Franchise Agreement sets forth the City's minimum requirements for the award of a CATV franchise It is the City's belief that the potential of broadband communications could have a large and important impact on the quality of life in the City, and that while cable franchising is part of the City's duly authorized regulatory process, the interests of the public will be best served through mutually beneficial arrangements between the Grantee and the City Micro Cable Communications d/b/a Columbia Television shall pay the actual franchising expenses to be determined by the City Manager based on a billing showing the actual expenses to the City Provisions for awarding a fifteen (15) year non-exclusive franchise to construct and operate a cable television system in the City of Pasco and setting forth minimum conditions accompanying the grant of the franchise are contained in the documents attached herewith The provisions in these documents reflect the City's regulatory policies The franchise agreement will incorporate this CATV Plan by reference II DESIRED SERVICES AND PERFORMANCE REQUIREMENTS The City is establishing a significant number of performance requirements (Sections 1 through 6) so that the Grantee has a clear and complete understanding of the City's needs and desires regarding cable communications services The City fully expects timely delivery of those services specified in Sections 1 through 6 Grantee must agree to support any waiver required by the Federal Communications Commission (FCC) for any voluntary offer of services or technical standards that may exceed FCC requirements The City seeks a modern, efficient and cost-effective system which will provide high-quality, state-of-the-art technology and which will deliver a variety of communication services The City seeks from Grantee a commitment to improve and upgrade the system as need be to keep pace with state-of-the-art CATV technology The City's interest in cable television is predicated upon the belief that cable offers more than a variety of entertain- ment, but also offers a total communications network which will open to the City's residents a maximum of opportunities for access to information, education, energy conservation, and such other benefits as are made possible by an advancing communications technology It is the purpose of this CATV Plan to obtain for the City a system which will provide optimum serviceability, penetration, and economic sufficiency to support a wide range of commercial and public programming facilities and communications services III SYSTEMS SERVICES A Residential Service The Grantee shall provide entertain- ment services to maximize subscriber penetration Entertainment Services (1) Off-Air T V Broadcast Stations The Grantee, as part of its basic services, shall carry regional T V stations These stations shall be carried in their entirety, as reasonably available, and shall include the following CHEK (CBC CH6) Victoria, B C KCTS (PBS CH9) Seattle KSTW (IND CH11) Tacoma KWSU (PBS CH10) Pullman KEPR (CBS CH19) Pasco KNDU (NBC CH25) Richland KVEW (ABC CH42) Kennewick The Spokane stations may be carried if a subscriber survey reflects a majority interest in carrying these stations (2) Super Stations Thek Grantee shall provide, on the basis of subscriber interest, the transmission of "super stations" when available and permitted by FCC Rules and Regulations The stations may include, but not be limited to (a) WTBS, Atlanta, Georgia (b) WGN-TV, Chicago, Illinois (c) WOR-TV, New York, New York - 2 - (3) Satellite Video Services The Grantee shall provide a wide variety of programming via satellite receptioll according to subscriber interest, that may include but not be limited to the following programs, as available (a) General and Special Interest Talking Books for the Blind The Silent Network TeleFrance USA Spanish International Network Black Entertainment Television Network Alpha Repertory Television Service English Channel Warner's Music T V Cinemerica American Educational Network Modern Satellite Network Satellite Program Network The Health Channel Appalachian Community Service Network Public Service Satellite Consortium The Womens Channel/BETA/Daytime UTV Cable Network The Cable Magazine Channel The Shoppers Channel (b) Childrens Programming Calliope Nickelodeon Kidvid Network Multicultural T V (c) Religious Programming Christian Broadcasting Network PTL Satellite Network Eternal Work Television Network Trinity Broadcasting Network (d) News/Sports/Public Affairs National Newswire Service (e g AP, UP, etc ) Cable News Network or Satellite News Channel Cable News Network II or Satellite News Channel II AP Financial/Sports News The Entertainment and Sports Programming Network The Weather Channel USA Network Cable Satellite Public Affairs Network (4) Local'Origination and Access Public Access Religious Access Leased Access Local Government Access Primary/Secondary Education Access Higher Education Access (5) Automated Programming Thek Grantee shall provide a variety of automated service and information programming that may include but not be limited to Channel Guide Community Bulletin Board Weather/Time Consumer Guide (6) Premium Services The Grantee shall make available, on the basis of subscriber interest, optional premium entertainment services These services shall have Parental Control Devices, when requested by the subscriber, to prevent unauthorized viewing and only programming acceptable to community standards shall be cablecast The Grantee shall charge the subscriber no more than its actual cost for the Parental Control Device The premium services should include but not be limited to the following, or equivalent, prograumang Home Box Office Showtime The Movie Channel Home Theater Network Rockefeller Center T V The Disney Channel (7) Audio Services Local FM radio signals are to be received at the headend, individually processed and frequency-offset 200 KHz above their off-air assignments for cable transmission as part of the basic cable communication systems Also to be provided are other audio services, such as WFMT, Chicago Music Station JISAL Audio Network NCN "Family Radio" Satori Network Enhanced Audio for Premium Service Channels Spectrum (8) Channel Programming Shared channel programming should be scheduled so that a particular channel presents programming similar in theme The Grantee shall coordinate with local media to see that a comprehensive program guide is available to subscribers In the event the media does not make such guide available, Grantee will make every reasonable effort to provide guides through convenient commercial outlets, such as supermarkets - 4 - C Audio and Video Emergency Override The Grantee shall design and construct the cable communications system to provide for a restricted audio and video override of all video channels during emergencies, with activation to be placed under the control of City or civil defense officials The capability for both audio and video override will make the system useful for the blind and hearing impaired The system shall have an alert tone that activates an automatic alarm device to alert those that do not have the television on, at subscriber cost (based on time and material) The design of the Emergency Alert System is to be submitted to the Grantor for approval prior to construction Interactive Services The City of Pasco wishes to benefit, if practicable, from recent and future advances in interactive residential services The Grantee shall make a reasonable effort to develop areas of cooperative interest with institu- tional/educational facilities so as to provide interactive services to the home and to provide security services, 1 e , burglar, fire, assault and medical alert system for residences, institutions and businesses The Grantee, also, shall expeditiously proceed to provide such services when the City Council so directs, however, the Council shall normally not so direct until proved economically feasible in other systems of like size and description. Play Cable, or a similar service, shall be provided when proven economically feasible in other systems of comparable description, or game channel or other similar service Energy management services shall be provided when proven economically feasible in other systems of comparable descrip- tion Electronic Interactive Banking Services shall be provided when proven economically feasible in other systems of comparable description These additional services are considered discretional services, and rates other than those for Basic and Premium services shall be developed by the Grantee, which rates shall be fair and reasonable for the service provided. Institutional Network and Services The City considers the provision of an institutional subscriber network desirable for the total communications needs of the community This system, when mandated by the City, should interconnect, throughout the franchise period as a minimum all schools, medical facilities, fire and police stations, library and other principal municipal and public buildings and facilities The system shall be designed to provide both private and public sectors, with a broadband cable resource capable of serving their message, data, and image communications requirements now and throughout the franchise period - 5 - The headend shall provide Interconnect, processing and switching facilities to establish a broad-based communication facility designed for flexibility and future expansion The first outlet and converter in all public buildings will be provided, installed and serviced at no cost, as requested by the City Additional outlets and converters will be provided for standard fees Institutional services shall include, but not be limited to - Bi-directional Data Transmission The data transmission service shall provide high, medium, and low speed bi-directional (full duplex) data transmission to allow selection of transmission time and speeds - Facsimile Transmission Servies The ,Grantee shall provide subscribers a selection of facsimile transmission services, including electronic mall and file retrieval systems The service Is to offer advantages to organizations that retain large volumes of records or have much paperwork, such as instant multi-location message delivery by terminal display or hard copy, selected external documents via interconnections and instant document retrieval from centralized internal files This is a specialized service not likely to be widely utilized in the Pasco area Because of its specialized nature, this service is to be provided on an "as needed" basis and costed on a "per case" basis - Teleconferencing The City of Pasco wishes to have teleconferencing available, on a case by case full costing basis, to businesses and public institutions such as but not limited to banks, retail chains, schools, and fire and police departments - Marketing The Grantee is expected to produce a progressive and responsive institutional program to maximize community benefit therefrom Emphasis should be placed on the following aspects (1) Needs assessment (2) Subscriber education (3) Trials/tests and experience (4) Activation of service - Security Systems When economically feasible, the Grantee shall provide high standard, reliable, security services to public and private institutions. The services shall Include fire, smoke, intrusion - 6 - and medical alarms for commercial businesses, large warehouses and manufacturing firms, banks, public schools, and retail chains Benefits of this service shall Include back- up systems to lessen the risk of system failure, manual as well as automatic (polled) alarm activation, centralized computer storage of fire, security and medical data for each subscriber, and continuous computerized alarm monitoring on a polling basis F Agreements The Grantee may at its discretion provide a comprehensive service agreement for use in establishing subscriber service This agreement should, as a minimum, include the following (1) Grantee's procedure for investigation and resolution of subscriber service complaints (2) Services to be provided and rates for such services (3) Billing procedures (4) Service termination procedure (5) Change in service notifications (6) Liability specifications (7) Converter/subscriber terminal equipment policy (8) Breach of agreement specifications IV LOCAL ORIGINATION AND PUBLIC ACCESS FACILITIES AND SUPPORT A Local Origination and Access Facilities The Grantee shall, as a minimum, provide and maintain on a permanent basis a local origination and access studio van Prograimaing capability shall Include live cablecasting from a remote location transmitted to the headend via microwave or cable from the mobile production van, video taped at a remote location by a responsible organization and video taped elsewhere and sponsored by a local person or organization The van and studio shall allow the production of simple or elaborate community access programs The van shall be equipped with lower broadcast, higher industrial grade equipment The equipment shall include all equipment typically found in a video production studio plus a film chain, captioning equipment, editing system, and colorized character generator with typewriter keyboard All equipment quality, quantity and capability should be such that a well balanced and logical video/audio production strategy can be maintained throughout the franchise period Grantee may optionally provide the studio separate from the van - 7 - The Grantee shall provide a studio and facilities that include the following equipment or other equipment of equivalent quality and capability REQUIRED LOCAL ORIGINATION EQUIPMENT Camara 2 FP21 Hitachi/Zoom OP 21 Camera Control Unit 2 KY1900 JVC 2 T-6 Tripod (ITE) 2 Pan & Tilt Head Editing and Tape Decks 1 JVC Editing System including CP-5500 U 1/2" CP-8200 U 3/4" Rm88 1 JVC CR6060 3/4" 1 Sony SLP 305 (Beta 1/2") 2 Sony Porta Pak 1 JVC BP 5300 U (VHS 1/2") Switching and Effects 1 WJ 4600 B Spec Eff SW 1 WJ 225R (Pan) Routing Switcher 12 x 1 1 WJ 220R (Pan) Routing Switcher 6 x 1 1 Knox KS 50 Char Gen Processing 1 T 120 Microtime 1 P50 Proc Amp (3M) Test Equipment 1 VideoTek Waveform 1 VideoTek Vectorscope Monitors 1 13" Color (Pan) CT-110M 1 pr 8" Color (Pan) 2 set 5203 B 5" x 3 B&W (Pan) Audio 1 Shure Mixer-PreAmp 1 6 x 4 Audio Console 4 635 EV Mike 4 Mike Stand 2 Lapel Mike -8 Lights 2 4 Lamp Portable Film Chain 1 Buhl Film Chain Miscellaneous Cords Cables Intercom Headsets Batteries 4 Video D A 1 Audio D A Van 1 Modulator 1 Demodulator I set Microwave Promotion of Local Origination/Access Programming. The Grantee's staff shall work to develop public interest in access productions Grantee shall train and assist community programmers, schedule and air all local programming, and work with community groups to build strong local audience support and ascertain special interests for new programming Grantee shall provide time by its staff, upon reasonable notice, for training in the use of the portable video equipment This training shall at a minimum be routinely available at the Local Origination and Access studio and Pasco public elementary schools, and junior and senior high schools Grantee may group potential users of said equipment into training classes for efficient use of Grantee's and user's time B Access Equipment Usage (1) Porta Pak Equipment The Grantee shall make the Porta Pak equipment available on a free rental basis to Pasco responsible organizations provided the following conditions are met (a) Grantee may charge a reasonable deposit for the safe return of Porta-Pak equipment (b) The user shall be responsible to the Grantee for any loss of or damage to said equipment - 9 - (c) Said Porta-Pak shall be available to Pasco responsible organizations on a "check-out" basis, and Grantee shall be given reasonable notice by an organization which wishes to use said equipment (d) Organizations may use the Porta-Pak for a reasonable period of time, not more frequently than is reasonable, all as determined by Grantee (e) Grantee may deny use of said Porta-Pak to any organization or individual who, in the judgement of Grantee, is not competent in the care or use of said equipment (f) Grantee shall hold the City harmless from any damages resulting from the use of Local Origination and Access Studio and portable equipment, except when such is being used by City employees in City authorized production efforts (2) Local Access/Local Origination Studio Van Subject to reasonable regulations to be provided by the grantee and approved by the City, upon reasonable notice froia responsible organization, the Grantee shall make the studio van available at the appropriate site for cablecasting the program or event giving rise to the request, provided however, such studio van and the equipment therein shall be under the direct supervision, control and maintenance of the Grantee's personnel Access Channels The City of Pasco specifies, as a minimum, the following selection of dedicated and leased access channels to be made available when a 54 channel capability is reached There is no intent to limit the power of the Grantee to provide dedicated or leased access channels for use by institutional, commercial, municipal, or individual users The list of access services shall include, but not be limited to (1) Public Access (2) Regligious Access (3) Leased Access (4) Local Government Access (5) Primary/Secondary Education Access (6) Higher Education Access Any or all of the above services may be provided on the same channel, however, additional local access channels shall be activated when the above access services result in the assigned channels being in use eighty percent (80%) of the weekdays (Monday through Friday) for eighty percent (80%) of the time during any consecutive three (3) hour period for six (6) consecutive weeks D Access Facilities and Channels Operating Rules Access rules are to be provided by the Grantee and, as a minimum, Grantee shall address the following topics - 10 - (1) Access Scheduling These rules shall cover such topics as Priority of users (1 e , first time users vs regular users), priority of prime time usage, scheduling of subject matter for balanced programming, requests for off-hours, studio usage, check-out policy, etc Access scheduling shall normally be on a first come, first served basis (2) Advertising Rules governing advertising to promote the sale of goods and services, including commercial businesses, public entities, garage sales, candidate campaigning, etc (3) Lotteries Rules governing the use of the access channel for conducting lotteries, games of chance, betting, etc. The rules shall comply with the State Laws of Washington (4) Program Subject Matter Rules regulating the use of the access studio and equipment for producing or cablecasting Indecent or obscene materials, review of material policy, etc (5) Training These rules shall cover such topics as requirements to prove qualification and ability to use access equipment (i e , classes and testing), responsibility of theft, damage or loss of equipment, use of facilities by minors, etc (6) Leased Access Rules for leased access will provide for non-discriminatory access, and largely in accordance with the general operating considerations/rules addressed in subparagraphs 1 through 5 immediately above (7) Local Access/Local Origination Studio Van These rules shall cover topics such as reasonable notice, length of availability, appropriate programs and events for use of the studio van, and other matters relating to the use and access to such equipment V RATES AND CHARGES Detailed below are the basic rates and charges to be made against subscribers and customers for the different levels of service, as specified Charges shown in parentheses may be waived under certain conditions The rates shown as effective July 1, 1984, are to be guaranteed for eighteen (18) months from the date of implementation A Basic Service Basic service is the reception of all cable channels on one outlet excepting premium services Basic installation is the extension (drop) of the cable system from the plant outside the home (pole or pedestal) into the house, and the connection of the primary television set to this cable The Grantee shall offer free basic installation to all residential subscribers during the first sixty (60) days service is available to a subdivision The following rates shall be effective when Grantee activates and programs a minimum of twenty-four (24) channels This shall occur on July 1, 1983, or before (1) Basic Residential Service Service First Outlet Additional Outlet Relocation Reconnection Standard Converter Cordless Remote Converter Parental Control Device (2) Commercial Service Rates shall be set by Grantee which shall be fair and reasonable for the service to be provided (3) FM Basic F M Service as prescribed in the City's CATV Plan will be available on all basic cable outlets at no additional charge (4) Other Charges Underground Installation Standard Plus $20 00 (Underground Installation when trench is provided) Converter Deposit Standard (no additional charge) None, subscribers with a history of converter damage may be charged a $50 deposit, subject to deduction therefrom for damages The following rates shall be effective when Grantee activates a 54 channel two-way plant and programs a minimum of 36 channels This shall occur on July 1, 1984, or before (1) Basic Residential Service Service Monthly Charge $ 10 00 5 00 Installation Charge $ 29.95 9 95 First Outlet Additional Outlet Monthly Installation Charge Charge $ 8 75 ($ 29 95) 4 00 ( 9 95) -0- ( 9 95) -0- ( 9.95) -0- -0- 2 50 -0- -0- (No more than Grantee's actual equipmenttost) - 12 - (2) Commercial,_F.N.,and Other Cr, Kates snaiI—be—setz-by Grantee which shall be fair and,re --asonable for the 7 seryice to be,provided Installation of drops of over 150 feet in length may be charged at a maximum of $29 95 plus the cost of drop materials beyond 150 feet for aerial installation Underground drops of over 150 feet at $59 95 plus time and materials for that portion beyond 150 feet Installation cost estimates shall be provided in writing to potential subscribers prior to installation where drops exceed 150 feet E All City, State, and Federal Taxes shall be levied upon gross revenue The City Utility Tax or franchise tax and copyright tax, are an addition to the rates set forth above and may be shown as separate items on the subscriber bills VI SYSTEM COMPONENTS A Headend/Offices The headend, where all signals are received, processed and distributed, shall be in a location(s) to optimize off-air TV reception, satellite reception and FM Radio and microwave reception A centralized location within the service area will facilitate a multiple trunk cable plant layout The antenna tower, earth station, origination studio, electronic processing and switching equipment, and customer service office, should be at a single location, if practicable, to allow efficient operation and maintenance B Earth Stations The Earth Station shall provide the capability for reception of at least three satellites, and may consist of (1) A single antenna with multiple satellite reception capability, or (2) Multiple antennas, each with single satellite reception capability, or (3) A combination of the above The single dish antennas shall be a minimum of 5 meters diameter, dual polarized feed, high performance units designed for potential interference reduction from any nearby terrestrial microwave band The antennas shall be Scientific Atlanta (SA) 8008LS or of equivalent quality and capability The low noise amplifiers shall be capable of excellent system noise temperature and signal to noise performance The dedicated receivers may be single channel units. Frequency agile units with threshold extension demodulation are to be provided as hot standby backups for the dedicated units - 13 - The earth station system shall meet or exceed the following parameters (1) (2) (3) L N A Noise Temperature System G/T Video Signal/Noise 100 deg K 24 dB/deg K 52 dB (CCIR weighted) (4) Video output level at 1 Volt Peak to Peak 75 ohms (5) Video Bandwidth ± 0 5 dB (10 Hz - 4 2 MHz) (6) Differential Phase - deg (7) Differential Gain 1- 0 25 dB (8) Line Time Waveform 1% Tilt Distortion (9) Field Time Waveform 1% Tilt Distortion (10) Audio Output Level 0 dBm (11) Audio Signal/Norse 55 dB (30 Hz-15 KHz unweighted) (12) Audio Frequency Response ± 0 5 dB (30 Hz - 15 KHz) (13) Total Harmonic Distortion 1% • VHF/UHF/FM The Grantee shall provide individual antennas for each station received from a different transmit location. An Omni-directional, high gain antenna is acceptable for FM radio reception All FM signals carried by the system shall be individually processed Levels should be Independ- ently controlled and maintained between 0 and -16 dBmV, and adjacent channel levels should differ by no more than 6 dB as measured at the subscriber receiver D Antennas and Antenna Towers All antennas shall be designed and engineered for temperature extremes, and wind and ice loading The towers shall be designed in accordance with the structural standards for Steel Antenna Towers and Antenna Supporting Structures, E I A Standard RS-222C, theAISC Manual of Steel Construction andACI Reinforced Concrete Codes, where applicable • Electronic Equipment The processors, demodulators and modulators shall be fully modular and all solid state This equipment shall be state-of-the-art utilizing such options as automatic switching, signal phase locking, DC power operation, etc - 14 - VII SYSTEM CONSTRUCTION. A Construction Specifications Signal surveys such as computed radio interference, microwave interference, and signal strength studies, and also on-site measurements of TV, AM and FM off-air signal reception surveys, are to be used to verify the suitability of headend and earth station location sites The system, as a minimum, shall meet all applicable construction, safety and operational standards of use pursuant to the following (1) Federal Communications Commission (2) National Bureau of Standards (3) National Electric Safety Code (4) National Electric Code (5) State of Washington (6) City of Pasco Building Standards (7) NCTA/CATV Cable Construction Manual, 1980 3rd Ed Construction Schedule The Grantee shall adhere to an expeditious construction schedule but must, as a minimum, activate and program 24 channel service by July 1, 1983, and shall have total completion of a 54 channel capability of which a 36 channel system shall be activated by July 1, 1984 Subject to Subsection (5) below, Grantor may, at its sole option, apply any of the following penalties in connection with delays in system construction Prior to Grantee imposing any of the following penalties, Grantor shall notify Grantee in writing within thirty (30) days of Grantor's discovery of the violation alleged and of the penalty to be imposed. (1) Impose penalty of up to $500 00 a day for each day in excess of sixty (60) days that any major facility proposed by applicant is not completed or activated as scheduled For the purpose of this section, major facilities shall Include completion of physical plant, signal processing headend, satellite earth stations, microwave interconnects, and community access/ origination van (2) Forfeiture of performance bond for delays exceeding four (4) months - 16 - The performance specifications for all headend equipment shall meet or exceed FCC Part 76 605 for all Class I and Class II signals The system shall have the capabilities for multiple inputs to the alphanumeric news and weather channels, such as the Associated Press News Wire, NYSE Wire, NOAA, and local weather sensors The output channels shall consist of, but not be limited to, the A P National News, A P Local/ Regional News, A P Sports/Financial News, and Local weather conditions The system should be designed and constructed with expansion capability of up to a 440 MHz with a minimum of alterations, time, and expense • Standby Power Emergency generators shall be equipped with extended period propane gas or natural gas supply to provide standby power for the earth station and headend. Each of the generators shall be equipped with an automatic load transfer switch to provide uninterrupted power. The distribution system shall have a battery backup standby power unit to be used at all distribution system power stations where critical circuits are provided All sensitive volatile memory computer equipment shall be supplied by uninterruptible battery power supply systems. G Distribution Cable The trunk and distribution cable shall be Aluminum Coaxial Cable with copper clad center conductor,uniacketed for aerial applications and flooded jacketed cable, plus conduit where advisable, for all underground use H Drop Cable Cables used for aerial drops, from the tap to the ground block and from the ground block to the TV set shall have copper clad center conductor, expanded Polyethylene dielectric, bonded and laminated aluminum- polypropylene tape, aluminum braid, and PVC jacket, or better Aerial drops shall have mechanical support (e g messenger cable) to the cable for resistance to ice loading, and signal ingress or radiation Underground drop cable shall have a solid polyethylene dielectric, flooding compound between the jacket and aluminum shield and a polyethylene jacket, or better Connectors On all aluminum sheathed cable, Grantee shall provide Integral sleeved connectors with high R F I integrity, freedom from cold flow, corrosion resistance and moisture seal - 15 - (3) Termination of the franchise for delays exceeding six (6) months. (4) No penalty shall be imposed without a hearing before the City Council No penalty shall be imposed for delays where the result or causes are beyond the control and without fault or negligence of the Grantee as determined by Grantor Grantee shall be entitled to an extension of time if construction is suspended or delayed by Grantor or where unusual weather, acts of God, extraordinary acts of third parties or other circumstances delay progress which are beyond the control of Grantee, provided that Grantee is not at fault, and is not negligent under the terms of the franchise ordinance Delays in obtaining pole attachments shall not delay commencement of underground construction The degree of fault and/or negligence, and extension of time allowed shall be reasonably determined by Grantor The extension of time in any case shall not be less than the actual no fault/negligence delay experienced by Grantee To the extent practicable, the City will assist the Grantee in resolving any difficulties in obtaining pole attachment permits and to the extent possible Grantor shall allow Grantee to use utility easements. System Extension Shall be as set forth in Section 7 4 of Ordinance No 2428 VIII TECHNICAL STANDARDS AND PERFORMANCE TESTING A The Grantee shall comply with the Federal Communications Commission (FCC) Rules and Regulations, Part 76, Sub-Part K (Technical Standards) However, to accommodate interactive and other state-of-the-art services, augmentation of FCC Standards, as presented in the specifications herein, are considered necessary To meet system design objectives, the following referenced specifications will also apply, unless exception is agreed upon between the City and the Grantee (1) Applicable City, County and State and National/Federal Codes and Ordinances (2) Applicable Utility Joint Attachment Practices (3) National Electrical Safety Code, NFPA No 70 (4) Local Utility Code Requirements (5) Local Right-of-way Procedures - 17 - The system shall be designed and constructed to meet all applicable technical performance specifications and standards over a temperature range of ± 50 F from the mean temperature of the Pasco area, and to function in all expected environmental extremes Performance standards definitions and measurements shall be in compliance with National Cable Television Association (NCTA) Manual 741 Signal Leakage and Interference Control and NCTA Standard 008-0477 Standards of Good Engineering Practices for Measurements on Cable Television Systems The forward portion of the cable communications system shall be capable of a minimum carriage of 54 6 MHz video channels, the full FM broadcast band and adequate bandwidth for pilot carriers or such auxiliary signals as required for system control in the event that future restrictions prohibit use of portions of the band (e g , the Aircraft Navigational Frequencies from 108 to 120 MHz) A reduction in channel capacity may be required, or modifications made to the slope/gain control method to retain channel capacity The combined forward trunk and distribution system shall deliver signals to each and every subscriber's receiver that will meet or exceed the technical specifications listed below, at the local mean temperature ± 50° F This shall include the effects of drop cables, interior splits, and any terminal equipment such as descramblers and set top converters Forward System Specifications (1) (2) Frequency Response across any ± 0 5 dB (i) allocated TV channel at the haadend Peak to Valley, any 6 MHz Video Channel, 1 dB cable slope equalized at plant extremity. (3) Carrier to Noise, 4 MHz bandwidth 44 dB (4) Cross Modulation Ratio 53 dB (5) Carrier to Hum Ratio 40 dB (6) Carrier to Composite Triple Beat 54 dB (ii) (7) Carrier to Discrete Triple Beat 60 dB (CW Carriers) (8) Carrier to Second Order Beat 60 dB (9) Chrominance-Luminance Delay + 200 ns Distortion (all chemicals) (10) Carrier to Echo Ratio (greater than 40 dB 2 microsecond displacement) - 18 - (11) Differential Gain (12) Differential Phase (13) Subscriber Signal Levels - the signal level delivered to the subscriber's receiver, except as modified by Peak to Valley specifications 1.0 dB 2 degrees + 2 dBmV Min + 10 dBmV Max (iii) (14) Level Differential between adjacent 2 dB Max channels (15) FM levels shall be essentially uniform and carried at approximately the same level as the Channel 6 Sound Carrier (16) Sufficient isolation between subscribers shall be provided to prevent interference between terminal equipment and other portions of the system (17) RF radiation in compliance with FCC Part 76 605 20 dB Note (1) Frequency Response of Headend Processors or Modulators to be ± 0 5 dB from -.75 MHz to +4 MHz Picture Carrier (ii) This specification may be met subjectively, 1 e , with )RC etc , however, a minimum of 50 dB must 13.,=Mat —oojectively (iii) Except in special circumstances, e g , high ambient signal strength areas The residential reverse system shall be capable of initial activiation .,of a minimum of 5 to 30 MHz in bandwidth, with return signals from each subscriber and institutional (Including all schools) signal source to the extreme end of any area in compliance with the specifications listed below (1) The system capability shall include transmission of Color video, Black and White video, audio and both row and high speed data, whether analog or digital. (2) No more than 60 dBmV output level shall be required out of any customer modem to meet the system specifica- tions Pending FCC rules may force this down in coming years. - 19 - (3) Where applicable, the end of the system specifications shall include the effects of any signal reprocessing equipment necessary to achieve forward transmission (4) For Class I signals, the signal delivered to the subscribers' TV receiver, after being transmitted to the head-end, processed and retransmitted down a forward channel, shall meet the specifications of sub-paragraph C above E Reverse System Specifications The return system shall be operated so that a signal passing through it and after delivery by the down stream system, will be degraded by no more than 1 DB in any specification compared to the normal down stream signals The institutional system, if by a separate cable, shall be of similar construction providing a minimum of 300 MHz bandwidth, however, it shall be of a "super-split" design Signal specifications compliance for forward and/or institu- tional channels interchanged between other cable communication systems and the applicant's system are to be determined by applying the combined contribution of distortion of all pertinent components of the worst case (temperature and location) signal path The combined contribution shall meet or exceed the specified technical specifications at the termination of the worst case signal path the channel could encounter At the interconnect point the party delivering a channel or channels will provide signals, transported either in the forward or reverse system to the interconnect point, that meet or exceed the following specifications at the local mean temperature ° 50 degrees F. The signals are to be in compliance as stated at a point which best represents the most direct signal path between the party providing the signal and that party receiving the signal Only one such interconnect point is to be specified for all signal exchanges. Inter-Connect Specifications. (1) Frequency Response, across any allocated TV Channel 1 DB (2) Carrier to Noise, 4 MHz bandwidth 47 dB (3) Cross Modulation Ratio 57 dB (4) Carrier to Hum Ratio 46 dB (5) Carrier to Discrete Triple Beat Ratio 60 dB (6) Carrier to Discrete Triple Beat 63 dB (CW Carriers) Ratio - 20 - (7) Carrier to Second Order Beat 66 dB (8) Differential group delay at 58 83 * 200 ns MHz as referenced to 55 25 MHz (9) Carrier to Echo Ratio (greater than 46 dB 2 microseconds displacement) (10) Differential Gain 0 5 dB (11) Differential Phase 1 0 degree (12) Signal Level + 10 dBmV min G Maintenance and Testing The Grantee shall have a maintenance program that is preventive rather than corrective oriented to minimize faulty service or system shut-downs and maximize customer satisfaction This does not relieve Grantee of the responsibility to provide fast and responsive corrective action upon customer complaint or when otherwise deemed necessary This kind of maintenance philosophy starts with a proper system design, state-of-the-art equipment and plant, and proper construction practices facilitated by a well trained staff The Grantee, as a minimum, shall perform all_testing to meet the NCTA Recommended Testing Procedures( FCC, Part 76 601 and relevant ordinances of the City of Pasco Performance testing is to be an on-going process/ program conducted by Grantee throughout the franchise period Performance testing procedures shall include, but not be limited to, pre-installation testing of all major components, testing to insure conformity to specifications for headend, plant and terminal, and constant monitoring of system signal ingress and egress Annual system performance testing shall be done at permanent test points at selected main trunk extremities. Random tests shall be performed each month in addition to the annual testing System Outage and Complaint Service The Grantee shall maintain a Subscriber Complaint Service for routine handling of customer service requests, as part of the requirements of the local staff, as follows (1) A call involving loss of reception on all channels will be dispatched to the field immediately via two- way radio If the loss of reception on all channels affects five (5) or more customers, at any time of day or night, repairs will be commenced immediately and pursued diligently Total loss of reception involving less than five (5) customers will be corrected on the same day received, except if reported after 2 00 p m , in which case, correction may be postponed to the following day The majority of all outages (total loss of reception on all channels) will be corrected in four (4) to eight (8) hours or less - 21 - (2) The majority of calls involving degraded reception or single channel outage will be handled on the same business day if received prior to 2 00 p m In all cases, such service calls will be handled no later than the following business day (3) Requests for repairs made after hours or on weekends shall be answered by an answering service or staff Outage calls will be referred immediately to the standby technician for resolution in accordance with Sub-paragraph (1) above Scattered calls involving degraded service will be reported by the answering service the next business day The staff will call the customer to schedule a service call in accordance with Paragraph (2) above. (4) If, in response to a complaint, the service technician finds no one home, a call to the company dispatch operator shall be made who, in turn, shall try to contact the subscriber by phone (5) If the subscriber _still cannot be contacted, the service -technician shall check and correct any problems found outside the subscriber's home, and shall leave a door hanger informing the subscriber what was found and corrected, and requesting the subscriber to make a service appointment if the problem still exists (6) If the subscriber is home, the service technician shall introduce himself/herself, talk with the subscriber, determine the cause of the problem and correct it if the problem lies in the cable system The technician shall carry a test television set to compare pictures with the subscriber's set (7) At least ten percent (10%) of all completed service orders shall be followed up by a telephone call, postcard or both, and at least one percent (1%) of all completed service orders shall be followed up by a personal visit by a technical team management member (8) Grantee will maintain a data base, or "log", listing date of consumer complaints, identifying the subscriber and describing the nature of the complaint; and when and what action was taken by the Grantee in response thereto, from the date when the system is first energized said record shall be kept accessible at the Grantee's local office for a period of three (3) years, and shall be available for inspection during regular business hours, without further notice or demand by the City Manager or any other duly authorized representative of the City - 22 - (9) The Grantee will not be responsible for problems created by subscribers or for problems with subscriber- owned equipment The subscriber must allow the service technicians access to the problem if located on the subscriber's property, or forfeit any refund due for service outage I New Technology The Grantee shall design and construct a cable communication system that is the present state- of-the-art, but this shall not be an end in itself, but rather, be easily adaptable to applying emerging communication technologies. Subscriber Privacy Because of the nature of a two-way communication system, there is always the possibility of breach in security, albeit remote, of information that the subscriber holds private There are three areas of concern for privacy rights data collection, use of data, and the interception of data The Grantee shall have a policy that makes collection of data identifiable to an individual subscriber prohibited without prior written authorization This authorization should be revocable at any time without penalty or cost to the subscriber. The Grantee shall not allow sale or release of data on individual subscribers The Grantee shall take electronic and physical security measures to inhibit any kind of third-party interception of private information through tapping or monitoring of the cable The Grantee shall make available scrambling devices for additional security and privacy measures as required by the user, who will defray the cost of such additional conditioning IX WAIVER CLAUSE A No deviation may be made from the provisions of this CATV Plan except with the approval of the City Council by resolution The City Council shall have the right to waive, with or without conditions, any requirement of the CATV Plan set forth herein, using the following criteria as grounds for variance or waiver from the requirements in this CATV Pllan (any one or more of the following standards may suffice) (1) The granting of the waiver will not conflict with the general intent of this CATV Plan (2) Special circumstances applicable to the CATV Plan (3) Changes in technology or other circumstances making the requirement impractical, inconvenient, unduly burdensome or unnecessary (4) A waiver is in the public interest - 23 - The failure of the City to insist, in any one or more instances, upon a strict performance of any of the requirements of this CATV Plan, or to exercise any right herein contained, shall not be construed as a waiver, or a relinquishment for the future of such requirement, but the same shall continue and remain in full force and effect A waiver by the City Council by resolution of any specific requirement herein does not constitute a waiver of any other requirement - 24 -