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HomeMy WebLinkAbout1974-14 Granting a Franchise to Community Television Investment Incr Series of 13;~ AID; ORL'T"d~1.r1~.:r (,RPni'I'~?iG E`, ?-'p.~riCl?IS,I' '~; C~'fl~[I7?'1. ~ r ~'F'I~Iti~ISIfiP7 ITStiZS~IT~T~'?~PI', IT~'C. , L"1'S ?.7t'CI?rSOI'.S, ~ J~.SSIC~15 TO GOPJSTI?iTr'Tr, OPFIZI~iT, ~'~T~ MAI1'~1T~Iiv 1? CAI3IS l'FT~7ISIUN S`.r.'S'I'I~T~t Ir,r MITI. 'TC~~Tv Ol' V?~7L, COLOI'~1.~70, Ar7~ SL'TTING I~'OR'I'I3 (:Oi~7I'I'IOP;c ACCC~~1F'~Iv'YIT~1G `.I'ITI', CR?1"~ OI' F`}'1111_\1CITISI: ATVT'i 1=`ROVI~IN(' F'(~R 'Ir~~1i I?EC~LTI~TIOI\i Ar7D USE OI' rt`I-1L CABLE'"; 'iI~T,I'V:TSIC)i~J SYS7.I~'%1 G~]Iff?RF:11.~, Urcti?-~arr..e °~~. ?, Serie:~ of _l~'6f1, of the ~b~n~ o{ ~~ail, Colorado, creztc~cl t-h~ exi:-;tiri~ fr~zr,chise for the caJ~~le televi.sior systerz (CA'I~T} which is ntxa ol_:~eratincr in i-.I,c~ nn:r~icii:x~~_.ity; ~~r:d G~;7.lI;~'Fn.S, after extensive study and ne~c~tiat.i_ons I3y and r~etwecn the 'Ibwr aril C~,n~ntt.zni~~v Telc~vi.sian ~n~rc,str~ent_, 1_nc, , the iranchi.see, the pa.rt:i~~--, have agreed in I~ri.ncir~l.e on a new and stronc;er franchise; ?1UW, 'IIIEI~1~'O??r, BI;; IT O?'rAI)`IT~ 13Y `II?F' `~ClGti~f1 C'UL?~u,IT, UF' "'I~' 'lYXti?1 O[' VAIL, Lc~T~OI'Fi.L~t , .PAS T'(ILI~OP7S. Section 1. Title. `.Phis ordinance shall lie I -.oum as the "Ordi~ Dance Grantirlc; a CA'J'V I'ranchi.sc~. " Section 2. Definitions. For the x~urpore of t.}ii_s ordinance tJ~c~ foll.cx~~inc~ terms, prx.~~shs, words, ~hhreviati.ons, ancJ thc~i_r uerivat3_ons slball. have the meaning herein cYi.ven. 4~fien not. inconsistent ~rit?7 the context, ~:~oa~r."'s used in tJie present tense include the future tense, wards irl thF nltrral numk~er include the si_nc3ul.ar nurY~l:~e2: , ar~cJ ~,~rcJs ir. the singular nim~r include the plural nurnt~r . ~ ~ • . • L. "Grose annual basic subscriber revenues" shall mein any and all compensation and other_ consideration received directly by the Company from subscribers in payment. for regularly furnished basic CATV service. Gross annual basic subscriber revenue shall not include any taxes on services fUrnlshed by the Company il~~~~sed directly on any subscriber or user by any municipal., county, state, federal, or other governmental unit and co1.l.ected by the Company for such governmental unit. M. "Dwelling unit." shall mean any room or grrnzp of rooms having kitchen facilities which is d.esi.gned for use as a dwelling; kitchen. facilities are f_ixtttres and equi~xtu~nt for food. storage and preparation of meals, including at the minirrnzin a refrigerator, stove, and sink. N. "Accca~mzcx.~,~tior, unit" shall mean any room or group of_ rooms without I<.itchen facilities which is designed for occupancy by patrons, guests, or transients and is accessible fran c~,u,~,~~ corridors, walks, or balconies without passing through another acc~~s~s.~c3ation unit or dwel ing unit. O. "Town P~Iarager" zr~ean.s the Town Manaaex or his authorized representative. Section 3. Grant of authority; nonexclusive franchise; collateral agreements. Whereas the Town has approved the legal, financial, technical, and other qualifications of the Ccanpany and the adequacy and feasibility of the Company's conctructioz ari~anc;ements as part of a pt~k~lic proreedi.ng affording due process, there is hereby granted by the 'ibwn to the Company the nonexclusive right and privilege to engare in the business of operating and providing a cable television syst.~ or C:1~'iV system in the Town, and for that purpose to erect, install, constnzct, repair, replace, reconstruct, maintain, and retain in, on, over, under, upon, across, and along any public street, pw'~lic way, and. public place, now eyisting, laid out, or dedicated and all extensions thereof and additions thereto in the franchise area such wires, cables, conductors, ducts, conduit vaults, manholes, • . a , • Section 8. Safety requirements. A. The Company shall at all times use ordinary care in the construction, operation, maintenance, repair, and utilization of its cable and other facilities and shall install, maintain, and use c..~~u«,~~ly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to persons or property. B. All structures and all lines, equipanent, and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places in the franchise area, wherever situated or located, shall at all times be kept and m~intaired in a reasonable, safe, and a~N~opriate condition and in good order and repair. Section 9. System construction and extension. A. It is acknowledged by the Town that the Ccxnpany has installed energized cable throughout a substantial portion of the existing franchise area. The Company is hereby authorized to extend its present CATV system as is necessary or reasonable within the franchise area. Presently unserved portions of the franchise area shall be provided CA'I~,' service in accordance with Sections 9B, 9C, and 9D hereof. B. (n~henever the Company receives a request or requests for service fran at least ten subscribers, separately or as a group, who are situated within 1,320 cable feet of its trunk cable, it shall. extend its system to such subscribers at no cost to the subscribers for system extension other than the usual connection fees for all subscribers, unless such an extension is not technically or physically feasible. The aforesaid 1,320 cable feet means the length of the extension cable required for such service which is located within the public way or easement and shall net include the length of the necessary service drop to the subscriber's hcen,e or premises. ~ ~ ~ ~ ~ C. No person or entity in the franchise area shall be ia~~~operly or arbitrarily refused service at the ordinary rates and other charges as set forth in this ordinance. Due to the additional capital costs involved in N~~~iding service to extraordinary locations, such as where there is a distance of more than 150 feet from the distribution cable to the service outlet of a subscriber or a density of less than ten subscribers per 1,320 cable feet, service shall be made available to an extraordinary location on the basis of the normal installation charge established in Section 12 hereof plus an additional. charge for the cost of the additional materials, labor, easements, and monthly maintenance necessary to provide it; said additional charges are permitted in order to prevent inequitable burdens on potential subscribers having ordinary locations or in ~~~~e densely ~~alated portions of the franchise area. Service shall be re- fused to any person or entity requesting it only if it is not technically or physically feasible. D. In the evert additional territory is hereafter included within the Town's corporate limits, by annexation or otherwise, the Company's rights and duties under this ordinance shall be deemed to include such additional territory. Where the subscriber potential in such territory equals or exceeds a density of 80 dwelling units or 160 acc,A~.~~:.ation units or any combination thereof per trunk cable mile, the Company shall extend its trunk cable to at least 50 per cent of the hones or premises in said annexed area during each twelve-3nonth period following the annexation or inclusion; N~~aided, however, that the Co~any may defer such construction or a portion thereof for a time designated by the Town u~~~ showing to the Town adequate economic reasons warranting the delay. • ~ • . • Section 10. Operational Standards. The Company shall operate and maintain its cable television system in full ~u~~liance with the standards set forth by the Federal C.k~.«anications Ccarcnission. Section 11. Ipcal office; Complaints. The Company shall maintain a business office in the Town or the vicinity thereof that will be open during normal business hovers which subscribers within the franchise area may telephone without incurring toll charges. Except in the event of catastrophic failure, no subscriber's ~~~~laint shall remain without investigation by the Company f_or more than a 24 hour period. Accurate retards shall be kept by the Company srizing the nature, extent, time, and date of each subscriber 4~~~laint as well as the method, time, and date by which the ~.u~~laint was resolved or sought to be resolved. The Company shall N~u,~~tly furnish each present or future subscriber with a letter of instruction explaining the importance and the manner of reporting complaints and the rules and regulations governing the obligations of the Company to respond to subscriber complaints. Should a subscriber have an unresolved ~~.~~laint regarding tt2e quality of cable television service, equiFanent malfunctions, or other pertinent matters, the subscriber shall be entitled to meet jointly with the Tawas Manager and the Company's System Manager to fully discuss and att~~~~ to resolve such matters. Section 12. Rates, including normal installation Charges, service charges, and reconnection charges; other provisions relating thereto. After having thoroughly investigated, studied, and considered the matter of rates and charges for CATV service in the Totim, including such factors as the aunts and reasonableness of the rates and charges, the reasons for having differing rates and charges for differing types of in- stallations and user categories, and various other pertinent matters, such as the `term of the rates and charges, the Council has found and determined that the following schedules of rates and charges are fair, equitable, and • ~ • ~ • reasonable. The Company's rages and charges until changed by subsequent ordinance shall be no more than provided in the following schedules: A. Charges for normal installation: 1. Single-family dwelling unit 50.00 2. Dwelling unit other than single-family 25.00 3. Acc~~.~~ation unit 15.00 4. Additional outlet within a dwelling unit 10.00 5. Business establishment 50,00 6. Reconnection of any existing outlet 10.00 B. Service charges: .Grr r~'I'NE .AS OF :~K7VF~ER 1, 1974 ; Monthly .bates for Each TV Outlet Furl Year Partial Year 1. Each dwelling unit; 7.50 9.00 Each additional outlet within the dwelling unit 1.50 1.80 2. Each dwelling unit in one building billed on one account (minimum of 10 units) Units 10 - 20 7.25 --- 21 - 30 7.00 --- 31 - 50 6.75 --- 51 or more 6.50 --- 3. Each acc..~~.«,dation unit in one building billed on one account: Units 1 - 9 4.00 4...75 10 - 20 3.50 --- 21 - 30 3.00 --- 31 - 50 2.50 --- 51 or more 2.00 --- 4. Each outlet in an accommodation unit attached to a dwelling unit receiving service 1.50 ---- 5. Business establishment 7.50 9.00 • , • ti • r;t~rr~:TIVF; AS OF' NOVF~'IBER 1, 1975 (SUB.IECT TO SATISFACTION OF APPLICABLE PI2OVISTONS OF COLLATERAL AGxr:ra~I'S) Monthly Rates for Each TV Outlet Full Year Partial Year 1. Each dwelling unit; 8.45 9.95 Each ac?ditiora.l outlet within the dwel.li.na unit 1.95 2.35 2. Each dwelling unit in one building billed on one account (minim~un of 10 units) Units 10 - 20 8.20 --- 21 - 30 7.95 --- 31 - 50 7.70 --- 51 or more 7.45 --- 3. Each acc~~a~..A~ation unit i.n one builc'irg billed on one account: Units 1 - 9 4.95 5.70 10 - 20 4.45 ---- 21 - 30 3.95 --- 31 - 50 3.45 --- 51 or more 2.95 --- 4. Each outlet :in an accti~~u~~;ation unit attached to a dwelling unit receiving service 1_.95 --- 5. Business establishment 8.45 9.95 C. The Company shall not collect a "Reconnection Charge" from a cu~~~~t subscriber who transfers a subscription to a new place of residence or business establishment within the existing cable system, provided that the subscriber is in good standing with the Canpany and requests the Company to transfer his billing to his new place of residence or business establishment, and provided, further, that the subscriber's new place of residence or business establishment has an existing cable outlet and that no new outlet is requested. Whenever a new outlet must be installed, the Company may charge the applicable "Installation Charge". D. These rates and charges may be increased only with the prior approval of the Council and after a public hearing affording due process. Fran time to time the Company may seek the approval of the Council far a reasonable rate increase or increase in installation or other charges; similarly the Council may seek the approval of the Company for reasonable modifications of the schedules o:f rates and charges; • • • • • provided, however, that hereafter rates approved shall. remain in effect for not less than 12 calendar months after the effective date thereof. E. Section 12D hereof shall not preclude the Company frc~n passing along to all its subscribers equally such additional mandatory expenses and fees as are p~~~rly and finally il~~.ti,sed on it, including, but not limited to, direct taxes, copyright fees, and permit fees. F. In the event that a subscriber is without any basic CATV service for any continuous period of more than 48 hours due tothe failure of the Company to make a repair which it should have made or any other neglect on its part, the Company shall credit the account of the subscriber on a prorated basis for the amount of time beyond said 48 hours which the subscriber is without such service. The Company shall not be liable for such credit to a subscriber when the cause for loss of service is beyond the CcYtrpany' s control . G. Full-year and Partial-year Service Rates; Partial Refund t~,~~ Termination of Service. 1. In order to qualify for the "full year" service rates provided for in Section 12B, subsections 1 and 5, hereof a subscriber shall pay in advance for twelve-months service. Should a subscriber who has contracted for said "full year" service subsequently elect "partial year" service, said subscriber's service charges shall be recalculated for the expired portion of the contract according to the "partial year" rate; any difference between the amount paid in advance and the recalculated charges shall be immediately refunded. to the subscriber or paid to the Company, whichever is appropriate. 2. The "full year" service charges provided for in Section 12B, subsections 2, 3, and 4, hereof shall be limited to subscriber accounts which contract for twelve-months service for a specified number of units. 3. If a "partial year" subscriber terminates service for any reason prior to the end of a prepaid period, a prorata r~~~ion of the unused prepaid service charge, using the number of days as a basis, shall be N~~~~~.ly refunded to the subscriber by the Company. r • , ~ Section 13. Preferential or discriminatory practices prohibited. The Co~any shall not as to rates, charges, service facilities, rules, regulations, or in ary other respect make or. grant any preference or advantage to any person or entity nor subject any person or entity to any prejudice or disadvantage; provided, however, that connection and service chan3es may be waived or modified during p~~~.~tional campaigns of the Company. Section 14. Privacy and other huTnan rights. The Company and the Town shall each maintain constant vigilance with regard to and endeavor to avoid abuses of the right of privacy or other enforceable rights of any subscriber or person in the Town resulting frcxn any device or signal associated with the cable system. Neither the Compaizy nor any other person or entity shall monitor, or arrange for the monitoring, any cable, line, signal. input device, or subscriber outlet or receiver for the purpose of eavesdropping. The Company shall not sell or otherwise furnish or make available any list of the names and/or addresses of its subscribers, or any list which identifies, by name, subscriber viewing habits, to any person or entity for any purpose whatever, without obtaining the prior specific authorization of the Town expressed. by resolution. Section 15. Franchise fee; annual report. A. The Con~any shall pay to the Town, on or before Pdarch 31st of each year commencing in 1975, a 3 per cent franchise fee based on the gross annual basic subscriber revenues received by it frcan cable television operations in the Town for the preceding calendar year or portion thereof during which it operated the CATV system. No other franchise fee or charge shall be i,~~sed on the Company by the Town. B. The Company shall provide to the Town with the annual franchise fee an annual report showing the gross annual basic subscriber revenues received by it during the preceding calendar year or portion thereof as aforesaid. The amount of the franchise fee paid by the Company to the Town shall be subject to audit by the Town. ~ • ~J Section 16. Indemnification of Town; liability insuranoe. i A. The Company shall at all times protect and hold harmless the Tosco against and from all claims, demands, causes of action, actions, suits, proceedings, damages, costs, or liabilities of every kind and nature whatever, including but not limited to investigation costs, court costs, and attorney's fees, which may accrue to or be suffered or claimed by any person or entity arising out of the negligence of the Company in the ownership, construction, repair, replacement, maintenance, and operation of the cable television system, or by reason of any license, copyright, p1V~Crty right, or patent of any article or system used in the construction or operation of said cable system. B. The Company shall maintain in full force and effect during the life of the franchise, public liability insurance, with a solvent insurance company which is acceptable to the Town and authorized to do business in the State of Colorado, at no less than the follawinq limits of liability: 1. $50,000.00 for property damage in any one accident; 2. $100,000.00 for personal injury to any one person in any one accident; and 3. $300,000.00 for personal injuries to all persons in any one accident. C. Provided, however, that such insurance may contain reasonable deductible provisions not to exceed $1,000.00 per accident for any type of coverage; and provided, further, that the Town may require that any and all investigations by the Town of. claims made by any person or entity against the Town arising out of any use or misuse of rights or privileges granted to the Company hereunder shall be made at the expense of the Cattpany or its insurer. • . • . • Section 17. Approval of transfer. The Company shall not sell or transfer in whole or in part its cable system to another person or entity other than its parent company or a wholly-ovaned subsidiary of the Company, nor transfer any rights under this franchise to another person or entity without obtaining the prior approval of the Town expressed by resolution. Provided, further, that no sale or transfer shall be effective until the vendee, assignee, or lessee has filed in the Office of the Town Clerk of the Town, a satisfactory instrument duly executed reciting the fact of such sale, assignment, or lease and accepting the terms of the franchise and agreeing to perform all the conditions thereof. Such Council approval will not be unreasonably withheld and neither this section nor other Sections of this franchise shall preclude the mortgaging, hypothecating, or assignment of certain rights in the cable system, or the pledge of its stock by the Company, for the purpose of financing. Section 18. Miscellaneous provisions. A. When not otherwise prescribed herein, all matters herein required to be filed with the Town shall be filed with the Town Clerk; all items to be served on the Company shall be served at its office in the Town or the vicinity thereof or, in the alternative, at any other location permitted by law. B. The Company shall pay the cost of publication of this franchise ordinance as such publication is required by the Town Charter. A bill for said publication costs shall be presented to the Company by the Town Clerk upon the Company's filing of its acceptance of the franchise pursuant to Section 29 hereof and the Company shall then forthwith pay the amount of the publication costs to the Town. • • • • • C. The Company shall provide without charge one outlet to each governmental office building, fire station, police station, and public and non-profit private school building in the franchise area that is passed by its cable. The distribution of the cable facility inside such buildings and the extent thereof shall be at the option, duty, and expense of the building owner or occupant. D. In case of an emergency or disaster the Company shall upon request of the Town make available its facilities to the Town for emergency use during the emergency or disaster period. Section 19. Compliance with applicable laws and ordinances. The Company shall at all times during the life of the franchise be subject to all lawful exercise of the police power or any other lawful power by the Town. The Town reserves the right to adopt from time to time in addition to the provi- sions herein contained such ordinances as may be deemed necessary or reasonable to the proper exercise of its police pr~wer or any other lawful power. Such regulation shall, however, be reasonable and not destructive to the substantive rights herein granted and not be in conflict with the laws of the United States of America or the State of Colorado. Section 20. Violations. A. From and after the effective date of this ordinance, it shall be unlawful for any person or entity to construct, install, or maintain within any public street in the Town, or within any other public property of the Town, or within any privately-owned area within the Town which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the Town, any equipment or facilities for distributing any television signal or radio signal through a CATV system, unless • • • • • a franchise authorizing such use of such street, property, or area has first been obtained from the Town, and unless such franchise is then in full force and effect. B. It shall be unlawful for any person or entity to make any unauthorized connection, whether physically, electri- cally, acoustically, inductively, or otherwise, with any part of the franchised CATV system within the Town for the purpose of enabling himself or another person or entity to receive any television signal, radio signal, picture, program, or sound, without payment to the operator of said cable system. C. It shall be unlawful for any person, without the consent of the owner, to willfully or negligently tamper with, remove, or injure any cables, wires, or equipment used for distribution of franchised television signals, radio signals, pictures, programs, or sound. Section 21. Penalties. Any person or entity violating or failing to comply with any of the provisions of Section 20 of this ordinance shall be guilty of a misdemeanor and for each day of violation or failure to comply may be punished by a fine not to exceed $300.00 or by imprisonment for a term not to exceed ninety (90) days or by both such fine and imprisonment. Section 22. Federal regulation. Any modification resulting from amendment of Section 76.31 ("Franchise Standards") of the Rules and Regulations of the Federal Communications Commission or other applicable and pertinent sections thereof shall be incorporated into this franchise as of the date such modification becomes obligatory under FCC regulations, or in the event no obligatory date is established within one year after its adoption or at the time of the franchise renewal, whichever occurs first. The Company shall promptly notify the Town of such FCC changes • ~ • • • and set date that they will affect the franchise or any collateral agreement and furnish a copy of all such modifications to the Town. Section 23. Revocation. A. The Town reserves the right to revoke this franchise and all rights and privileges pertaining thereto at such time and on such reasonable terms and conditions as are set forth in tree revocation ordinance. B. Grounds for revocation shall be: 1. Willful failure of the Company to comply with the final order of an arbitration board formed in compliance with the procedure set forth in Section 24 hereof. 2. Inability or unwillingness of the Company to pay its just debts. 3. Adjudication of the Company as a bankrupt. 4. Intentional evasion of or noncompliance with any of the material and substantial pro- visions of the franc}rise ordinance or any collateral agreements. ~• The procedure which the Town shall follow in con- sidering a revocation of the franchise shall be as follows: 1. The Town shall file with the Company a detailed list of the grounds alleged for revocation of the franchise. This notice shall include specific details of the acts, omissions, breaches, or other grounds asserted as warranting revocation. The notice shall also include the time and date established for a public hearing to be held on the matter before the Council. 2. The Company shall have at least 60 days prior to the hearing and after receipt of the notice during which it may remedy the acts, omissions, breaches, or other grounds asserted as giving cause for revocation and which are stated in the notice. l t f • 4 • If, prior to the time of the public hearing, the Town determines that the Company has taken action curing or making significant progress toward eliminating the causes and grounds asserted as giving cause to revoke, the Town shall either cancel the hearing or postpone the hearing for a reasonable time to a certain date, whichever is appropriate. 3. Any evidence offered by the Town, the Company, subscribers, or any other interested person or entity, whether oral or written, shall be received by the Town Council if it tends to substantiate or disprove the causes or grounds for revocation stated in the notice. Colorado rules of evidence relating to administrative proceedings shall be applied in the hearing, or alternative procedural rules for such hearings may be applied if enacted by the Council prior to the notice of the hearing. 4. The Council shall determine, based on all admissible evidence submitted to it at the hearing, whether or not to revoke the franchise. Upon a finding that the grounds for revocation as stated in the notice have been substantiated by a preponderance of the evidence, the Council shall revoke the franchise, subject to judicial review sought by the Company. 5. Revocation shall be accomplished by the passage of an ordinance and delivery of a certified copy of it to the Company. 6. The matter of revocation shall not be subject to arbitration. Section 24. Arbitration. A. Disputes between the Town and the Company arising from the failure of either party to comply with the provisions of the franchise ordinance or any collateral agreements which cannot be resolved by the parties may be submitted to binding i arbitration as hereinafter provided. C. The arbitration. procedure shall be substantially as follows: 1.. The party demanding; arbitration shall serve notice on B. The Town and the Company shall endeavor to resolve all • disputes, except as otherwise provided herein, by preliminary procedures to be agreed upon. Disputes or complaints not resolved by the preliminary procedures may be submitted to binding arbitration. the other party of the nature of the complaint, stating the facts and grounds and relief sought in reasonable detail. 2. If a settlement is not a•eached within 30 days after service of the aforesaid notice, the Town and the Company shall within 30 days thereafter each appoint as an arbiter a person knowledgeable of cable television who is not connected or associ~.~ted with either the Town or the Company, its parent, or subsidiary corporations, and these two arbiters shall. then appoint a third arbiter as promptly as practicable and in any event within 30 days after their appointments. 3. Within 30 days following the appointment of the third arbiter, the arbitration board so constituted shall meet, establish reasonable procedures, conduct a public hearing, obtain evidence from the Town, the Company, subscribers, and any other interested person or entity, and, based upon the admissible e~,~idence, resolve the dispute on a reasonable and equitable basis and consistent v,~i_th the franchise and. any effective collateral agreements. 4. The decision of the arbitration board, reached by a majority vote, shall be binding on the Toti~r~ and the Company. 5. Costs for an arbitration sha1.1 be paid. by the parties equally or in some other. equitable manner as determined by the arbitration board. ~ ! ~ ! ~ Section 25. Continuity of service. It shall be the right of all CATV subscribers to receive service insofar as their financial and other obligations to the Company are honored and as service is technically and. physically feasible. In the event that t}ie Company elects to sell the system or the Town fails to renew the franchise the Company shall cooperate with the Town, if so requested by the Town, to operate the system under the terms of this franchise for a temporary period not to exceed six months so as to maintain continuity of service to the subscribers. Section 26. The Company shall not engage in the business of selling, servicing, installing, or leasing television or radio receivers without obtaining the prior authorization of the Town expressed by resolution. Section 27. In the event of any conflict or inconsistency between provisions of this ordinance and any collateral agreement which precludes the enforceability of said provisions of both the ordinance and the agreement or provisions of the agreement alone, those conflicting or inconsistent provisions of the agreement shall be void. 7 ~ ~ • Section 28. Repeal. Upon enactment of this ordinance, Ordinance No, 3, Series of 1968, is thereby repealed. Section 29.:Effective date; acceptance of franchise. This ordinance shall take effect five days after publi- cation following the final passage hereof, provided that within said time the Company delivers to the Town Clerk its acceptance • of the franchise in writing, It is HEREBY CERTIFIED that on the 20th day of August, j~ 1974, this ordinance was introduced, read on first reading, '! approved as amended, and ordered published once in full and a public hearing was scheduled at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 3rd day of September, 1974, at 7:30 P,M., in the Municipal Building of the Town. INTRODUCED, READ ON SECOND READING, APPROVED AS AMENDED, ENACTED, AND ORDERED PUBLISHED ONCE IN FULL, this 3rd day of September, 1974. ATTEST: _~ , Deputy own I e r . _ ~\ y ~ ~ ~^ COMMUNITY TELE-COMMUNICATIONS, INC. GENERAL OFFICES 54 DENVER TECHNOLOGICAL CENTER P. O. BOX '10727 UNIVERSITY PARK STATION DENVER, COLO. 802'10 [3037 771-8200 9 September 1974 The Honorable John Dobson, Mayor Town of Vail, Colorado Dear Mr. Mayor: Cu~u«anity Television Inves tl~~~t, Inc. , pur- suant to Section 29 of Town of Vail Ordinance No. 14, Series of 1974, hereby accepts the franchise granted to it to operate a cable television system in the Town of Vail. We are looking forward to a long and cordial relationship with the Town as we work to provide the best possible cable television service to its citizens. Very truly yours, 1 COMMUNITY TELEVISION INVESTMENT, INC. . R. Bra e WRB:js ~1ZANCtt'CSE• ~Jter..i='{~7t-~1~ `T-~,.. ~t-,r,~ ~ ~ : t • A G R E E M E N T THIS A~rrl~lIIv'T EN'rrt~a~ INI`0 BY AND ~r;1vaEEN THE TOWN OF VAIL, COIARADO (TOWN) , AND CONIN~JNITY TEL~E,'VISION INVES'i'MENl', INC. (CTI) , ON THE THIRD DAY OF SEPTIIhtirtc, 1974, W I T N E S S E T H WHEREAS, the Town of Vail, Colorado, (Town), has granted to C~.~.«anity Television Investment, Inc. (CI'I) , a franchise to operate a cable television system or CATV within the Town under Ordinance No. 14, Series of 1974 (Franchise), which Ordinance is incorporated herein by reference and made a part hereof; and WIIERE~AS, both the Town and CTI are desirous of particularizing certain mutual obligations and rights between the two parties, not specified in the aforesaid Franchise, to assure that the cable television syst~n shall better serve the people of Vail, Colorado; Th.r~cr~rORE, the parties hereby enter intA this Agreement, intending to be legally bound, under the following terms and conditions. I. C~iDITIONS TO AGREF.'~IENT. 1.1 It is understood and agreed that this Agreement is subject to (1) the passage of the Ordinance, or other valid Franchise or other instn~nent of authorization issued by the Town to CTI, its successors, and assigns, which shall not have been revoked or have expired by its terms; and (2) all applicable f~~ral, state and local laws and regulations, as maw or hereafter a,~~t3ed, including the aforesaid Franchise. To the extent that ,m any provision herein is now, or in the future may be, superseded by or incon- sistent with such laws or regulations, such r~v~ision shall be rendered void, as if it had not been included in this Agreement. 1.2 The Effective Date of this Agreement shall be the date on which the Ordinance becomes effective. 1.3 This Agre~«.t shall be a collateral agreement referred to in the franchise ordinance. This Agree-anent shall be coterminus with the franchise; if the franchise is revoked, the parties agree that this Agreement shall be null and void. • • • ,• ~ • II. ar~cJICE ON SY5~1•r~I. 2.1 CTI agrees it shall provide as part of the basic service of the cable television system the following signals: 2.1.1 On a full-time basis the signals of broadcast channels 4, 6, 7, and 9 as assigned by the FCC to Denver, Colorado. 2.1.2 The signal of broadcast channel 2 as assigned by the FCC to Denver, Colorado, within six llullths after the issuance of all necessary Federal arrl.ovals. 2.1.3 A visual display on a separate channel of stan- lard meteorological instnmlents, showing current weather conditions in the Town. 2.1.4 A "municipal access channel" shall be made available to the Town within a reasonable time and in accordance with paragraph 2.1.6.. CTI shall N~~~ide a municipal access channel which shall consist solely of the 6 mHz spectrum space of one standard television channel on the cable system. Generation of the video and aural carrier and the mcdu- lation thereof, as well as all necessary r~~ram equi~~~llt, shall be the responsibility of the Town. 2.1.5 Within six months after the date of this Agree- 1«l.t, a separate Metrodata alphanumeric display channel, which shall ln- elude a "four-page" local electronic bulletin board, which service shall have two "electronic typewriters" to be furnished by CTI to the Town at the municipal building for such non-~~.«ercial purposes as the Town may see fit. CTI agrees to provide normal maintenance for the two electronic type- writers, and the Town hereby agrees to be responsible for damage caused to said typewriters for any reason whatsoever, normal wear and tear excepted. 2.1.6 The Town and CTI shall ~,v~rate and use their mutual best efforts to establish an RF c~..,r~~anications path within six 1~:,,llths after the Effective Date of this AgreCl~~llt, between the initial distribution point of the system and the Municipal Building of the Town, said cooperative effort to include exploration of one or more of the following r~~jects: (1) the construction of a trench by the Town between the system's initial distribution point and the Town's Municipal Building, with the necessary cable and electronics to be provided by CTI; (2) the installation by CTI of two-way amplifiers in the underground portion of the aforesaid ~;u~.«anication path, with the necessary converters and aerial construction for the rem-~inder of. th~~ f~.il.l~: (_s) tl~c uu:,~• t>y C1'1 0l :~~~:ii.~b.1~~ :.;~~;_•~~ .in th~~ Muriic_i~~•~i. 1>i~il.c.i~nJ -2- ~ -~ • ~ • for the equir.«.~t necessary for providing the services set forth in paragraphs 2.13, 2.15, 2.1.7, and 2.18 herein, said space to constitute a separate ~~~..« or fenced-off area of arN~oximately ten feet by ten feet (100 square feet). 2.1.7 Full-time carriage of any operating FM station that is now or hereafter licensed by the FCC to serve Vail and/or the Gore Valley, plus a taped, background music service; both such services shall be carried on the audio ~~tion of the channels set forth in paragraphs 2.1.3 a1~ 22'.1.5 above, whenever such channels are operable. 2.1.8 In recognition of the i~~~rtance of the full-time use and prog~~~.~~ing of the ancillary channels described in paragraphs 2.1.3, 2.1.4 aryl 2.1.5 above, it is understood and agreed that where usage warrants, CTI may carbine one or ~~~~e such services over one or mare of the standard television channels carried by the cable system other than the broadcast channels. III. ~N:KJICE STADIDARDS. 3.1 Technical Standards and Testing. 3.1.1 System technical standards shall be ttx~se specified by all applirar~e rules and regulations of the Federal C~.~.«snications C~.~..sssion, including Section 76.605, as now existing or hereafter amended. 3.1.2 System test procedures shall be those specified by the applicable rules and regulations of the Federal C...~.«anications Ccnmission, including Section 76.601, as now existing or hereafter «~~~,ded, as supplemented by CrI's standard test procedures set forth in Appendix 1, which is attached hereto and made a part hereof. 3.1.3.1 Abase line proof of performance test shall be conducted by CTI for the existing system in the Tawn within 30 days of the a date of this Agre~~C„t and the results thereof shall be suYmitted to the Town Manager as r,.~,.~~.,11y as practicable thereafter. 3.1.3.2 Initial proof of performance shall also be conducted at the cannencement of cable service to new subscri~rs on any sig- nificant extension of the system, or reconstruction of the existing system, as N~v~ided for in Section IV hereof. 3.1.4 The tests of the performance requirements and standards specified in this section, including but not limited to all appli- cable FCC requirements, shall be measured annually and an annual report con- twining the results of the tests chwll be sul~nittcd to the Town M~anagcr. -3- • • • • 3.1.5 In the event CTI and/or the Town shall receive a significant ntaN~er of complaints from subscr~~*-s, or there is other evidence which in the judgment of the Town indicates that the technical standards specified in this Section III are not being met by the cable system, the Town shall have the right and authority to request and cause CTI to make all neces- sary tests to ascertain the problems and to immediately report the test re- sults and conclusions to the Town. 3.1.5.1 The Town's rights under provision 3.1.5 shall be limited to requiring tests, analyses, and r~~,~L.s covering specific subjects and characteristics based on said ..~..~~laints or other evidence when and under such circ~unstances the Town has reasonable cause to believe that the ~L.~~.laints or other evidence require said tests to be ~.~.f~~~,~d in order to protect the subscribers against sub-standard cable service. 3.1.5.2 Requests by the Town for such special condition tests shall be limited in number to three during any twelve month period. 3.1.6 All testing required by this section shall be per- formed by an employee of CTI not assigned to the ~ar,i e system's ~~~~~arent staff in its office in the Town or the vicinity thereof. The Town, at its option and expense, may elect to have a representative of its choosing pa~;cipate in or attend any test session. 3.1.7 All the results of any of the tests specified in this section shall be r~~~ Led to the ToFm, said reports to be submitted to the Town Manager within 30 days following the ~u~~letion of the testing. 3.2 General Construction Standards. 3.2.1 All construction and reconstruction of the cable system within the Town or the service area which is covered by the franchise or this Agreement, shall be built according to the construction standards of CTI and its parent, C~.~.«anity Tele-C...~.«anications, Inc. , as set forth in the l:ll.l Construction Manual, as nc7W existing or hereafter amended, which manual is incorporated herein by reference and made a part hereof. CTI shall immediately furnish a wry of said manual to the town and thereafter r~~...~~l.ly furnish to the town copies of all amendments or modifications thereof. Additionally, such construction or reconstruction shall meet the requirements set forth in this section 3.2~ which additional standards are an amplification of and not a limitation of the aforesaid general construction standards. -4- • • 3.2.2 System Safety. The following provisions shall apply to all new construction, reconstruction, and maintenance performed by CTI: 3.2.2.1 CTI shall, at all times, employ ordinary care and shall install and maintain in use .~,.~.~..ly accepted methods and de- vices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public or to employees of CTI. 3.2.2.2 Methods of construction, installation, and maintenance of the cable television system in the Town and the service area shall comply with the National Electrical Safety Code, National Bureau of Standards Handbook 81 (part 2), National Bureau of Standards, United States Department of Catunerce, November 1, 1961. To the extent that such Code is inconsistent with other provisions of the franchise or with the law of the fawn, the latter shall govern. 3.2.3 Street Cuts. CTI shall conform to the provisions of Ordinance No. 7, Series of 1971, concerning street ~,~~ings, excavations, and pav~nent cuts on streets in the Town. 3.2.4 Repair of Streets and Public Ways. any and all streets and public ways which are disturbed or damaged during the construction, operation, maintenance, or reconstruction of the cable systan, shall be NL~..~~.Lly repaired at the expense of CTI and to the reasonable satisfaction of the Town. 3.2.5 Line Location and Construction. All line locations, means, and methods of construction shall be subject to the arN~oval of the Town Manager or his representative. 3.2.6 Line Burial Requirements. CTI shall place all new and significantly reconstructed lines and cables underground, within aYN~oved utility easanents, unless in a certain vicinity the lines of the electric and/or telephone ~~~~~anies are aerial. Where adequate space exists to permit CTI to feasibly share existing underground facilities with the electric and/or tele- phone canpanies, such ccx~~anies and CTI shall negotiate to share the facilities on acost-shared basis. Also, the Town, if requested by CTI, shall assist CTI in a reasonable manner to attc,~~t to conclude successful negotiations with the electric and/or telephone canpanies as such negotiations beccane necessary for this purpose. -5- • ~ • 3.2.7 Aerial Lines. Aerial construction shall be permitted within the Town r~~~ided that (1) CTI uses the existing aerial facilities of the electric and/or telephone canpanies which are then in place, and (2) the proposed installations are a~N~oved by the Tornm Manager or his representative. Such aN~,~oval shall not be unreasonably withheld. A with- holding of such ar~~oval shall be deemed to waive any obligation of CTI to serve that area until such time as the existing aerial facilities of the electric and/or telephone ~.ui~anies are placed underground. CTI shall place its existing aerial lines and cables undC.,.y~ound wherever and whenever the electric and/or telephone canpan.ies place their existing colocated lines underground. It is hereby agreed that the Town shall not require the re- location underground of such new or reconstructed aerial lines and cables for at least five years following initial construction thereof. 3.2.8 CTI shall make the construction standards and guidelines available to parties wishing to install their own cable construction within buildings to be served by CTI. If so requested, CTI shall inspect such independent installations so as to determine in each instance whether it has conformed with the standards contained in this Section III. In the event that an installation is deemed unacceptable CTI shall notify the installer of the ~~~ific aspects of or reasons for non-ccgnpliance. TY~ installer shall have the right to correct the non-conformance of the installation and ob}a~n another inspection by CTI. CTI shall submit to the Town within 60 days after the adoption of this Agreement the rules and regulations governing all aspects of such pre-wiring. Said rules and regulations shall be reviewed, amended as may be mutually agreed upon by the parties, and ar~~~~ed by the Town. CI'I may charge apre-wiring inspection fee, the amount of which must be reasonable and shall be set by the subsequent agreement of the Town and C.TI. 3.2.8.1 Whenever a potential subscriber has pre- wired a building pursuant to the above-described rules and regulations and has paid the inspection fee, CrI shall reduce the nornial installation fee charged in accordance with the Ordinance by 50 per cent. 3.2.8.2 CTI shall not be held re~~~~sible for on- line signal standards in buildings not pre-wired by CSI. -6- ~ ~ • ~ • IV. MA5'tr~c PLAN OF FRANCHISE AREA. 4.1 Systan construction and extension within the franchise 4.1.1 CTI shall suYmit within 30 days of the date of this Agre~«~t a ,.,,,.~~,,.ehensive Plan for the reworking, r~w.~struction and proper installation of the existing cable system, including specific dead- lines. The Company further agrees that it shall enter into negotiations with the existing ~.~~.~~~. carrier of the broadcast signals, looking toward a new Agre~zt providing for the replac~nent of the existing microwave re- ceivers with new solid state receivers ~.~..,.«nsurate with the state of the art today. 4.1.2 Company agrees that it shall extend the cable system throughout every part of the franchise area where there exists a demand from ten subscribers who are situated within 1,320 cable feet of the trunk cable or a potential of 80 subscribers ~ trunk cable mile; pro- vided, however, that CTI may be excused from this requirement if it can reasonably demonstrate to the reasonable satisfaction of the Toam that such construction would, at the time called for, constitute an undue economic hardship on CTI. 4.1.3 As part of the agenda of the January, April, July, and October monthly meetings specified in section 5.1 hereof, the Town and CTI shall jointly review all ~C~sests for service and extensions fran subscribers within the franchise area who cannot currently be reached by cable service. At such meeting CTI and the Town shall mutually agree, within the terms of this Agreement, upon the nature and extent of extensions to be built by CTI during the following six months to ac~~..~r~...date said requests. Such agreement upon the nature and extent of extensions shall take into account the length of time the households requesting service have been without television service, the economic characteristics of the system as a whale as well as the extension under review, and the necessary technical and construction parameters necessary to complete said extension. 4.1.4 No person or entity in CTI's franchise area shall arbitrarily be refused service. Generally service shall be provided for the usual rates and charges set forth in the franch~ sing ordinance. Hc:•sever, ian -7- • ~ • ~ • recognition of. the capital costs involved, where a potential subscriber re- quests service to a location more than 150 feet in distance from an existing distribution cable to the service outlet or there is a density of less than ten subscribers per 1,320 feet of trunk cable, service shall be rendered to him on the basis of payment of the usual installation chan3es plus the out- of-pocket costs of the additional materials, labor, easements, and maintenance required to provide service to the extraordinary location. 4.2 Service to other areas outside the boundaries of the 4.2.1 It is recognized by the Town and CTI that it is to the mutual benefit of the parties and the public to extend service of the cable television systgn within ar_d beyond the Town boundaries. The extension of service shall specifically include the construction of a super trunk line from the initial distribution point in an easterly direction generally along U. S. Interstate Highway 70 to the eastern boundary of the Town or the service area to the east beyond said boundary, i.e. including the Big Horn area, said construction to begin within 30 days after the date of this Agreement, and, barring circumstances beyond the control of CTI such as heavy snowfall before November 1, 1974, to be substantially ccen- pleted 120 days after the Effective Date of this Agreement. 4.2.2 It is therefore the policy of CTI and the Town to extend the cable syst~n in a pl~~~ L, efficient, and orderly manner to all parts of the franchise area and service area meeting the density re- quirements set forth in paragraph 4.1 which can technically and econanically be reached by trunk cable extensions. 4.2.3 It is further understood and agreed that said additional construction outside the boundaries of the Town may be subject to (1) a grant to CTI by other governmental authorities of a franchise, ~- mit, or other instrument of authorization for such construction; (2) the issuance of a Certificate of Compliance from the Federal C...~n~,snications Cow mission; (3) the obtaining by CTI of pole attachment agreements from the a~r~opriate utilities under essentially the same terms and conditions as CTI's present pole attachment agreements in the State of Colorado; (4) the obtaining of rightrof-way access where required; and (5) the entering into by CTI of contracts for necessary trenching and burial (at no more than fifty cents per' linear foot through July 31, 1975; provided, however, that this cost lirnitat.ic~i~ :~li,iJ_1 lx~ vo_icl ~if:t_c~r s~ii~3 ~3~rk~~). _g_ ~ ~ i ~ t 4.2.4 In recognition of the aforesaid mutual interests in such extensions and further construction, the Town hereby agrees if so requested by CTI to use its best efforts to aid and assist CTI in obtaining all the authorizations contracts, and other commitments needed under para- graph 4.2.3, above. V. RET~TIONSI~PS SEI'WEEN TOWN AMID CTI. 5.1 CTI ar~d the Town hereby agree that the CTI System Manager shall meet on a ,«,~.thly basis with the Town Manager or his designated repre- sentative at a time and place to be mutually agreed u~,~, to discuss current problems and ~N~~tunities that may arise in the ~~...ation of the cable television system, and with respect to the mutual obligations and rights afforded each party under the enabling Ordinance and the terms of this Agreement. In the event that no settlement can be reached acceptable to both the Town arxi CTI within 60 days of the date of the ~~u~~thly meeting during which the problem was first presented, the Town and CTI may utilize the arbitration procedure set forth in Section 2~ o~f the Franchise Ordinance. 5.1.1 As a supplement to the rl~,;isions in Section 1,~ of the Ordinance relating to ~u~~.laint procedures, CTI hereby agrees to use its best efforts to locate and employ the services of a telephone answering service. If such is unavailable at reasonable rates or with satisfactory service, CTI agrees to explore with the approval of the Town Manager as many alternatives as are reasonably available to it, in- chiding recording devices or the services of an individual working at his residence. 5.1.2 Any subscriber not satisfied with catipany resolution of a subscriber ~.,~~.laint may request permission to appear at the monthly meeting of the System Manager and the Town Manager. Such request shall be filed in writing with the Town Manager, stating the nature of the ..,..~~,~ ~~ nt, the actions taken by the ,..,ti~~any, and the reasons for dissatisfaction. All such requests shall be considered at the next ,~.~~,thly meeting and if no resolution is forthcaning, the subscriber's request for permission to appear shall be granted for the following monthly meeting. 5.2 The Ccnq~any shall prepare and suYmit on an annual basis the results of an opinion survey taken by it of its subscr~~rs in the Town, which survey shall attempt to identify any dissatisfaction that may exist among subscribers. The date of each planned survey shall be conveyed to the -9- • ~ • ~ • Zbwn in advance, at an appropriate ~~..,~~thly meeting, and the Zbwn shall have the ~rN,.,rtun.ity to sukYnit ts~ the Company suggested questions to be included in such survey. Upon ~u~~letion, the results of the survey shall promptly be made available to the Zbwn. 5.3 R~~~~izing the desire of the parties heretra to insure that the service of the cable system be as up-to-date as practicable, it is hereby agreed that CTI will provide such additional services from time to time as may be technically and ~~,.~~canically feasible, including but not limited to advertising availabilities on ancillary channels and making chan- nels available for full or part-time lease by outside parties. 5.4 Within three ~~.~~lths following the execution of this Agre~~~~t, CTI agrees to file with the city engineer a ~..~~lete set of "as built" maps showing the location of each trunk and distribution cable of the system. As further extensions are constructed and ~~~leted, additional maps shall be filed on a similar basis, sYiawing all such new trunk and distribution cable, so that at all times the city engineer's office will have a canplete and up-to-date set of maps of the entire system. 5.5 As may from time to time be needed and requested by CTI, the Town hereby agrees to use its best efforts to effect a liaison with and ~,~.eration fran all public utilities serving the ~i of Vail, to the end that CTI and the system shall be able to construct and service its cable and equipment in an orderly, ewncmic aryl efficient manner. 5.6 In connection with its duty to s~~rvise the issuance of licenses to open the streets within the 'Ibwn boundaries, the Town hereby agrees to adopt such regulations and enforce such procedures as will mini- mize the disruption of cable television service to the subscribers, including but not limited to arN~opriate fines for the cutting, breaking or other damage to buried cable or electronic equipment, so long ~s such cable and equipment is located essentially as indicated on the maps as filed with the city engineer pursuant to 5.4 above and as located by CTI pursuant to a re- quest therefor. VI . AMFI~IDMENTS . 6.1 It is the sense of the parties to this Agregnent that it shall be liberally amended fran tame to time, to the end that it is a con- tinuing document reflecting the state of the art in the cable television -10- • . ~ • • industry, the changing needs for cable television service of the citizens of Vail and environs, together with the financial abilities and requite ~~~nts of CTI. 6.2 Any act of emission or ...~.~.~sssion by either party which, in the reasonable judgment of the other party is a breach of this Agre~~~,t, or by the passage time could bearer a breach of this Agre~~~-,t, shall be brought to the attention of the other party at the monthly meeting specified in 5.1 above, and each party shall use his best efforts to resolve the dis- pute on a reasonable arx3 equitable haGis. 6.2.1 CTI's failure to fulfill its obligations as set forth iri paragraphs 2.1.3 tl.~~agh 2.1.8 and paragraph 4.1.1 within the dead- lines contained therein shall give a right to the Tawn to defer the rate in- crease scheduled in the Ordinance for November 1, 1975, until such time as ~a~~ obligations have been fulfilled. VII. MISCELLANEOUS. 7.1 The paragraph headings contained in this agreement are for reference purposes only and shall not be construed as part of the P,greement. 7.2 This Agre~nt contains the whole of the understanding between the parties and shall not be modified or changed except in a writing signed by both parties. Attest: $I' ~ol. Tow,- Clerk % (, ~~~?~ ToHm of Vail, Colorado BY 0 C~.~.«anity Television Investment, Inc. By .~A / ~ Attest: . , ~J -11- • . • • ~ pp1'EKll~X 1 ~YST~N, TI:s~~ rroc~DVZFs s • , • RULES AND RI'sGULATIONS Subpart K-Technical Standards ~ 7G.G01 Performance tests. (a) The operator of each cable television syste m shall be responsible for insurinz; that each such system Is designed, installed, and operated in a manner that fully complies with the ),rovisiuns of this subpart. Each system operator shall he prepared to show, on request by an authorized representative of the Commission, that the system does, in fact, comply with the rules. (b) The operator of each cable television system shall maintain at its local office a current listing of the cable television channels which that system de- livers to its subscribers and the station or stations whose signals are deli~-ered on each Class I cable tele- vision channel, and shall specify for each subscriber the minimum visual sigual level it maintains on each Class I cable television channel under normal operating Conditions. (c) The operator oP each cable television system shall Conduct complete performance tests of that sys- tem at least once eacit calendar year (at intervals not to exceed 14 months) illld Shall malntalll the resulting test data on file at the system's local office for at least 8ve (5) years. It shall be made available for inspection by tits Commission on request. Tlie performance tests shall be directed at determining the extent to which the system complies with all the technical standards set forth in § 7G.GU3. The tests shall be rands on each Class I cable television cliannel specified pursuant to paragraph (b) of tills section, anti shall include meas- urements made at no less than three widely separated points in the system, at least one of which is representa- tive of terminals most distant froin the system input in terms oP cable distance. The measurements may be taken at convenient monitoring points in the cable network: Provided, That data shall be included to re- late the measured performance to the system lierform- ance as would he viewed from a nearby subscriber terminal. A descriptiolr of instruments and procedure and a statement of tits qualifications of the person performing the tests sha!1 be included. (d) Successful .completion of the performance tests required by paragraph (c) of this section does not relieve the system oP the obligation to comply with ¢ 7G.G01 all pertinent technical st:uulurds at all subscriber ter- minuls. Additinual tests, repo:ct, tests, or teals invuiv- ing specified subscriber terminals Wray be required by the Commission in order to secure compliance with the technical standards. le) .lnnual performance tests shall be conducted ac- cording to the tolluwing schedule Cable television systems In opera- tion prior to March 31, 1972___ Testa to determine tom- . pllance vclih the stand- . ards of: Sections 7F,.GO:S(a) (4), (a)(5), and (a)(G), the portion of (a) (9) relating to the ratio of visual signal level to system noise, nu~l (a) (12), by bfnrch 31, 1974. Sections 76.G05(s) (T), (a)(8), and (a)(11), by 1+Iarch 31, 1J7:,. $ectfona 76.G05(a)(1), (a) (2), and (a) (3), by ]lfarch 31, 1479. Cable television systems com- mencing operations on or after Afnrch 31, 1972______________ Itlarch 31, 1974. Norc-Requlrementa for performing tests to determine com- pliance with the standards of § 7G.GOb(a)(9), insofar as it relates to the ratio of visual sle ial level to any undesired co- channel television signal, and (a) (10) are hereby susl+ended for all sable television systems, pending further action by the Commission. [$76.601 (e) remised and note added e~'. 11-Q3-73; III(72)-S] § 76.605 Technical standards. (a) The following requirements apply to the per- formance oP a cable television system as measured at any subscriber terminal with a matched termiua[ion, and to each of the Class I cable television channels in the system (1) The frequency boundaries of cable television channels delivered to subscriber terminals shall con- form to those set forth iu § 78.GU3(a) ui this chapter: Provided, hotcever, That on special application includ- in); an adequate showing of public interest. other chan- nel arrangements may be approved. ~. ~ ~ _ . i ~ ~ 7ti,till;~ (2) The frcrlurnc•y of the visual carrier shall be muiutaLu•d 1.".i ~lllz .t'S;, I:Iiz ,have the lower botttt• dary uP the cabh• Iclevisiuu channel, except that, in those systens lbat suppl~• sul;scl•ibers with a converter In order to facilitate delivery of cable television chan- nels, the fl•e;lueuc•y oP the visual carrier at the output o! each such cunvcrtcr shall be lnaiuLtiaed L_'~, .IIIIz ~•3:~0 kllz ,have the lower frequency buuudury oP the cable television ch;ulnel. (3) The fre+lucncy of the aural carrier shalt be 4.5 .IIIIz -~1 klIz above the fre~lucncy of the visual carrier. (•1j The visual signal level. across a terninatiug im- pedance which correctly matches the internal imped- ance of the cable system as viewed frau the subscriber terminals, shall be not Ie~s than the following appro- prime value: Internal impedance 73 ohms. 300 ohms. Vlsaat signal level I mtllicolt. 2 millivolts. (At other impedance values, the minimum visual sig- nal level shall be ~/U.UI3SJ, millivolts, whereL is the appropriate impedance value.) (5) The visual signal level on each channel shall not vary more than 12 decibels within any 2d-hour period and shall be maintained within (!) 3 decibels of the visual signal level of anv visual carrier within G .IIHz nominal frequency separation, and (ii) 12 decibels of the visual signal level on any other channel, and (Iii) A maximum level such that signal degradation due to overload in the subscriber's receiver does not occur. (t3j The rms voltage oP the aural signal shall be maintained between 13 and li decibels below the asso- ciated visual signal level. (?) The peak-to-peak variation in visual signal level Caused by undesired low frequency disturbances (hum or repetitive transients) genrrated within the system, or by inadequate low frequency response, shall not ex- ceed 5 percent oP the visual signal level. i. 1'EDI:11:\I, C11\~'\IC.\'1'!1)\S C(I\IJIItiSItt~; (8) The chanucl frequency response shall be within a ran,c of ±a dce•ibcl:r for all frc~lucuc•ie•a trithin -1 .llltz and -}-} JIIIz of the visual cnrrict• frcgncncy. (!1) The ratio of visual signal level to systetn noise, and oP visual si);ual level to any undesired cuchannel tclevisiuu ,igrutl opcrutin~; un proper uIl•set assigntuent, shall be nut less than 36 decibels. This requireu,eat is applicable to: (i) Each signal which is delivered by a cable tele- cision systeal to subscribers within the predicted Grade I3 c•ontour for that si;;nal, or (ii) Each signal which is first picked up a•ithIn its predicted Crade 13 contour. (10) The ratio of visual signal level to the rms amplitude oP any coherent dishirbances such as inter- u-odulatiua products or discrete-frequency interfering signals not operating on proper offset assignments shall not be less than dG decibels. (11) The terminal isolation provided each snbscriber shall be not less than 13 decibels, but in any event, shall be sutCicient to present reflections caused by open- circuited or short-circuited subscriber terminals from producing risible picture impairments at any other subscriber terminal. (1~) As an exception to the general prosision re- quiring measurements to Le made at subscriber termi- nals, and without regard to the class of cable televi- sion channel inroh-ed, radiation from a cable televi- sion system shall be measured in accordance with pro- cedures outlined in § 7G.GU9(h}, and shall be limited as follocrs: 1Zadiatlon Frequencies itmit Distance (microcolts/ (feet) meter) Up to andlncluding54\tIiz__..__..__.._ 15 100 Ovet 5~ up to and including ''?lfi IIIIz___._. 20 10 Over 21d \IIIZ_____________________________ 15 I00 (b) Cable television systems distributing signals by using multiple cable techniques or specialized receiving devices, and which, because of their basic design, can- not comply with one or more of the technical standards 448 (The meat page is 1~.j8-~I) ~: • . • I1LiL1:S ANn R1~:G1?I.ATIniVS set forth in paragraph (a) oP this section, may he per- mitted to operate provided that an adequate showing is made which rshtl,lishes tbat the public interest is benefited. In such instance, the Couunissiuu may pre- scribe slMCial technical requirrntents to ensure that subscribers to such systems arc provided with a good quality oP service. (c) Paragraph (a) (1_) oP this section shall {,ecome effective March 31, 1~J72. all other provisions of this section shall become effective in accordance with the following schedule E~eettee date Cable teleclslon sy~stema In operation Prior ' to Jlarclr 31, 197'3____________________ alnr. 31, 1977 Cable teleclslon systems commencing opera- tions oa or after Jlarch 31, 1'J72________ :lint. 31, 1973 § 76.609 Aleasureme»ts. (a) Measurements made to demonstrate conformity with the performance requirements set forth in ~¢ i0.E01 and iG.GC:i shall be made under conditions which reflect system performance during normal opera- tions, including the effect of any microwave relay op- erated in the Cable Television Relay (CAR) Service intervening behveen pickup antenna and the cable dis- tribution nettvorfi. Amplifiers shall Ue operated at nor- mal gains, either by the insertion of appropriate sig- nals or by manual adjustment. Special signs inserted hl a cable television channel for measurement purposes should be operated at levels approximating those used for normal operation. Pilot tones, auxiliary or substi- tute signals, and nontelevisiott signals normally carried on the cable television system should be operated at normal levels to the extent possible. Some exemplary, but not mandatory, measurement procedures are set forth ill this section. (b) When it may b8 necessary to remove the tele- vision signal nurutally carried on a cable television channel in order to facilitate a performance meas- urement, it will Ue permissible to disconnect the an- tenna which serves the channel under measurement: and to substitute therefor a matching resistance ter- mination. Other antennas and inputs should remain • - • ¢ 7(i.G03 connected and normal sitinal levels should be main- tained nn other channels. (c) As may be necessary to ensure satisfactory serv- ice to a subscriber, the CD1nmISSIOn may require addi- tional tests to demonstrate system performance or may specify the use of different test procedures. (d) The frequency response oP a cable television cLaunel may be determined by one oP the following methods, ns appropriate (1) I3y using a swept frequency or n manually vari- able signal generator at the sending end and a cali- brated attenuator and frequency-selective voltmeter at the subscriber terminal; or (2) I3y using a multiburst generator and modulator at the sending end and a demodulator and oscilloscope display at the subscriber terminal. (e) System noise may be measured using; a fre- quency-selective voltmeter (field strength meter) which has been suitably calibrated to indicate rms noise or average power level and which has a known bandwidth. With the system operating at normal level and with a properly matched resistive termination substituted for the antenna, noise powe- indications at the subscriber terminal are taken in successive incre- ments of frequency equal to the bandwidth of the frequency-selective voltmeter, summing the power in- dications to obtain the total noise power present over a 4 ~fllz band centered within the cable television channel. If it is established that the noise level is constant within this bandwidth, a single measurement may be taken which is corrected by an appropriate factor representing the ratio of 4 1IIIz to the noise bandwidth of the frequency-selective voltmeter. If an amplifier is Inserted between the frequency-selective voltmeter and the subscriber terminal in order to facili- tate this measurement, it should have $ bandwidth of at least 4 1iHz and appropriate corrections must be made to account for its gain and noise figure. Alterna- tively, measurements made in accordance with the 1VCTA standard on noise measurement (tiCTA Stand- ard l~:i-OGG9) may be employed. (f) The amplitude of discrete frequency interfering signals within a cable television channel may he deter- 448-A (The neat page is X19) (T.S. III (72)-3) • • 111'1.1•::, .1\It it6:(:l'L.l'l`l~ mined with either a spectrum analyzer or with a frequency-~cleetive volhneier (Reid strcut;iL nu~ter), which iustrucnonts Irtcc been c:tiibrated for :irleiluatc accuracy. If calibration accuracy is in doubt, utens- urenteuts may be referenced to a calibrated sil;nai generator, ur a calibrated tariahle ntteuuahrr. sub- stituted at the point of mensurcment. If au ntnpiifier is used Let«•een the subscriber terminal and lire meas- uring instrnnrent, al,ln•uln•iate corrcctious must be made to account for its gain. (g) The terminal isolation between any ttvo termI- nals Iu the system Wray be measured bP applying a signal oP known amplitude to one and measuring the amplitude oP that signal ut the other tertninnl. The frequency oP the signal should Le close to the mid- lregnency of the channel being tested. (h) ,lfeasurements to determine the field strength of radio frequency energy radiated by cable television systems shall be made in accordance with st<lndard engineering procedures. ~feasuretnents made on fre- queneies shore 25 .IIIIz shall include the following (1) A field strength meter of adequate accuracy ^sing a horizontal dipole antenna shall Le employed. (2) Field strength shall be expressed in terms of the rms value of synchronizinn peak for each c•abie tele- vision channel for ~~•hich radiation can be measured. (8) The dipole antenna shall Le placed 10 feet above the ground and positioned directly below the system ~9~-098 V - 9Z - Z6 components. ti~'herr such placement results inn scpa- ration oP less tL:ut UI feet Letu•een the center oY the dipole antenna nnr] the sysh•ut courlHnu•nts, the dil,nle shall be repositioned to proridc:t u•l,arutiott of 10 feet. '(-t) '1`Le horizontal dipole ;tnteuu;t shall be rotated about a vertical axis and the uta~imum tooter reading shall he used. (~} ~Teasurements shall be made where other con- ductors are 1O or more feet atvny front the measuring attteuna. § 7G.GI3 Interference from a cable teler•isiott system. Iu the event that the operation of a cable television system causes harmful interference to reception of authorized radio stutious, the operator of the system shall immediately take whatever steps are necessary to remedy the interference. § 7G.G17 Responsibility for receiver-generated inter- ference. Interference generated Ly a radio or television re- ceiver shall he the reslxrnsibility of the receiver opet,R- tor in accordance with the prot•isiuus of fart 15, Sub- part C, of this chapter: Prooiderl, ltotcctcr, That the operator of a caL[e television system to which the re- ceiver is connected shall he responsiLle for the sup- pression of receiver-generated interference that is distributed by the system when the interfering signals are introduced into the system at the receiver, 449 (Thix page cads Part 76) (Ed. 9/72) •~ y ~• FUI.Ni ;E TEST PRO~rnur.~ ; ~'CI ~3-.•-72 Carrier n frequency counter, FSl~i, Oscilloscope, 2l I'requcncy and variable frcc~uciicy marker generator are required. The output of the marker gen . is split. One side is fed directly to the counter (high-level) , the other side of the split is fed through a variable attenuator - to a second sputter. This device is used as a mixer with the signal to be measured being fed into the other spigot and the com-non output. terminal being fed directly . to the Field Strength deter. The video output jack is fed to Scope, the Sm--105A . countex will read up to 100 1~'~z,therefore the marker gen should be set to one-half the desired frequency when measuring carriers above 100i•Lhz. The second harmonic is then used for zero beat and the reading obtained on the counter must be doubled. Footnote ~1: Is to be used in all cases of "on-channel" carriage of "off-air" signals, in lieu of measurement of frequencies. Footnote n2: Ts to be used in all cases of "off-air" carriage of any channel not carry ed "on-cllarinel" and not dpmod»i ated to base band, and any micro~oave fed channel not having aural carrier demodulated to audio. Footnote 1.: This channel is do;~rn-converted and up-converted using the same L.O., it is, therefore, an exact frequency•duplicator of the stations transmitted frequency and is not controllable in either carrier frequency or aural carrier separation,, by the CATV system. Footnote 2.: This channel is heterodyned to off channel carriage without demodulation of the carriers, or is demodulated to Video +4.5 P~thz. The aural separation, therefore, is exactly that which is being transmitted by the television station and is not controllable by the •' CATV system. ' A *Note: This procedure supersedes Carrier Frequency Test procedures issued prior to 12-5-72. . Fors??;~ • TLS7' PIZOCT:D~IPI; : CT 20-72 Fium or This test i.s to be made within each channel Repetitive which carries a Class S station. The Tral7si_ont unn;c~dul:tcd signal. from the headend uniL- Modulation or a suit~-l~le substitute shall be used. This signal shall be set to the same level as the visual carrier on that channel. Use a 70~-B or 727 signal level meter (or s other meter with DC coupled video output) to receive the unmodulated carrier. Connect the meter video output t~ a d.c, coupled oscilloscope vertical input. Adjust the signal level meter to mid-scale or above and choose a reference point. Adjust t:he scope gain and vertical position so that with the verti cal input disconnected the scope trace is on the bottom line and with it connected, the trace is on the top line. This represents 100% detected ' d.c. component. E ach division represents a fraction ~r percentage of the full 100% 4 divisions total 1 division = 25/ 5 divisians total 1 division = 20/ 6 divisions total l division = 16.67/ 8 divisions total 1 division = 12.5/ 10 divisions total 1 division = 10/ Hum modulation varies the carrier both above and below the unmodulated level. Therefore, a peak-to-pea}; hum measurement represents only one-half the percentage per division indicated above. After setting the reference as specified, switch the scope to A.C. input coupling and inerease-it's sensitivity by a factor of 10. Use the vertical position control to placo the trace between gratical lines for an easy peak-to-peak reading. Now each division represents one-tenth the percentage as before. I , i i~ I a' • RULI; ~IG.GO'; (n)•(7) contin~3 • ORI~S;~ T1JST T'ROCEDt1PI: ; CT 20-72 Hum or With a reference of 10 divisions a peak-to- Repetitive peak hum of 10 divisions equals 5°a hung f Transient modulation. A peak--to-peak hum of.l division Modulation equals .5%. ~ j Be sure the reading on the signal level meter ~ does not change from the reference point on ' the meter. Be sure the oscilloscope variable gain is not ch anged.~ c . •~ _ . _- s ,~.. _ .. _ ,. Rl~i'! TEST PROC);DURE 113-72 Distribution 11 s~,reep signal is in:,crted into the trun}c System at the head end. The sweep ;signal musfi be Frequency trapped at the pilot carrier frequency. Response It is necessary to have an unr,~odulated Carrier on each channel, that is normzilJ y carried on the system. The sweep detector is connected at points in the system which comply with section 76,601 C of the rules. ' The response flatness from -1 mhz to +4 mhz of each visual. carrier is noted and/or ... photographed. A variable marker generator can be mixed with the sweep signal at the • detector input in order to determine the - frequency limits of each channel, where a sweep signal is r_ot available a c,w. i signal and field strength meter may be used.' ~ .. . ~. . .~ ~~ ~. ~' s "''l ~ TI/ST I 16-72 Head-end Equipm~•rit Frequency Response • PROCI;DURF. 1. Channels received off-air, A S~+~ecp signal is in~ertcd into th^. first piece of equipment (active or pas ;ive) after the antenna. All active d~vi.ces having AGC must be placed in manual mode, The sweep detector is connected . to t}ie system trunk test point. Response flatness of that channel is noted and/or photogr aphed . 2. Channels using a video feed. A video sweep signal (such as from a side-band analyzer) is fed into the • video input of the modulator. The detector i.s connected to the system trun}: test point, Response flatness of that channe]_ is noted and/or photo- gr aph ed . _ Channels which are fed via CARS band microwave must have the sweep signal inserted at the point where either an r.f. signal or a video signal is received directly from the broadcast station, thereby including the micro- wave and all related equipment. . 3. Where a sweep signal is not available . the multiburst v.i.t. signal may be used, i ~ ~ ~ FQRP1 ~r TCI 1G-72 TLS7' PROCI;i)UI:T' : llcadend Carrier Noise can he readi~.y measured on channel:, t•~hicll to arc reeeivec~ on antonnas and proccssecl tlzrouc~li Noise lietcrodync equipment. T}te unit must be s~•~i_tohi~ci to manual ol.~cration Ind the output Lei: to the . proper level. `i'lte output is then fed tltr.ouc~li a stvitchable attelluat.or into a signal Ir-.vel ll1C'.t:C1:. Switch attenuation in so the meter reads appro}:- imately mid-scale. Remove the connection from the antenna and term~.nate the input to the first active device (pre-amp, converter, etc.). Remove attenuation until the meter returns to the previous position. The amount of attenua- ta_on removed minus 4dII equals the carrier to noise ratio. Noise can Ue measured on channels which are video fed by removing the video and terminating the input. Then measure the level of the visual carrier, tune to null bettreen visual and aural carriers and road the noise. On channels ~•~hich are fed by CARS micro rave the signal received front the broadcaster, ~,~hether video or r.f. should he disconnected at tl~e input to the first piece of active cqu~.pment. The noise ~•:hich is read will then include the microwave equipment. ~ . ~ ~ • • i - , FOR?~Z f~ TEST PROCI•:DUI:T; ; TCT 20-72 Carrier It is neces~:ary to have at least -t-lOdbrnv to carrier level av~iila~~l.e in order to accurately Noise measure the noise present. Connect this signal thru a s~•~itchable attenuator to the input of a signal level meter. Tune to the vi.~ual carrier of the channel to be measured. Switch 40db attenuation into the 547i.tCYluble attenuator. Use the manua7_ gain control to set the meter to a reference point in the center one-third of the meter scale. Make no further changes in the meter settings. Have the visual carrier for that channel removed from the system at the head-end. Switch attenuation out on the switchable attenuator until the meter reading returns to the reference point. Subtract 4db from the amount of attenuation which was switched out. The amount remaining equals the carrier tp noise ratio. -~ . i . -~ ~- I'0Ic14, ;~ ~ '.>'):ST P)~OCI~.DU1~I; TC:C 20-72 Intermoc+ul~~ttion Tho amp] i.tuc7c of di~;cretc frcc.lucncy i.il{.~~r-- Itatio tea-ing sicln~tls wit}li_n a eahle telc:visic?n cl--rtnnr,]. may }.~e c~ic{-.r.rmi.nc~d with a : pcr..~-ruin analyzer or a fr.cqucncy sclecL-ivc voltrl-.~tr~r (signal. ].c~vel meter) . The channel ~~rli~.c:;- is to be test.c'.d mu ~t be rcmov~d from tltc :system. 11].1 other signals nornt~~lly carried on the system rtus t: remain on and be set to normal operating levels: ]discrete frequency si.c~rizls which fall within the channel being tesL-ed must be a minimum of QGdi3 below tine level • at ~~J111c11 the picture carrier of that chailize]_ ,is normally carried. • These beat ~•~ill appear as, spices rising from the baseline of a spectrum analyzer di.~play or they c~.tn be detected by tuning a signal level meter s]_owly across the channel aizd reading the level of any signal encountered. It will be helpful to use the speaker to listen for sync buzz or audio modulation and t~~ould also be helpful. to observe the video outt~ut from the meter on an oscilloscope. I i~.ql'. ~ `ri i h~~~li•1 jY 7 ~ ,i> t PltnC']l)itl:l: ~'C7: 21--7'Z P.~.ic7:i.cii::i.on 71 fi.c'Lc] ;;ta'c~nc7l:]i mater aril an ad:jtl:ta7~lc dipole ~a:i 11 ]~c~ tl~,cd to p~:r. Norm i:h~.., te:_;t.. ' The d:i;.o1c, antcr:n~i, adju:,c%'d in ].cnc~L-li to lie rc::~o,zr~n•l: ai: t:he frc:c{tic:»cy bein<~ mc~ar~ul-c:c], shall be plac:ccl 10 feet above tlzc C~i:UUIlC~ and po:;i.tionc~d directly ]~elo~•~ the : ys ~c,n coml.~onc,nt. SC~hcre such plt,cc~ment r.c~sul~l., in scpa~: ate on of 1es~~ than 10 i'ect be:{:~~a.~cr>.. the cc;}~t-.er of the da.pole antenna ~ii7d i11e • ~ sy.,tc~m c~omponc~n L-, t11G d i.l;pJ_e sha]_1 1~e re- pos~ tic~ned to pr_ov:~de a separat~.on of 10 feet. Field strenUth sha7.1 bG e~:pra,sed iti microvolts as roaci from tl:c FST~2. 7:'hc hori:.onl:~ll. dipole shall bc~ rotated a:uaut c'3 vcrti.r.a1 a~;is c^:,nd the 111~}illTtlllll reading shall be used . T,9c:zsurcn;ents sh~:ll be made • where other conductors arc 10 feet or morE~ away from, the: measuring antenna. To convert from microvo3.~L-s to microvolts per meter: 1. Read the meter in microvolts. 2. Multiply the me-Ler reading by .021 and this result by the frequency ~.in Ariz , Example: Me•L-er reads 10 microvolts • ~ ~ at channel 4, 10 x , 021 x 67.25 1~•.5 micro~rclt::; r•„otter, Adjustable dipo~.e must be fabricated. Telescoping antenna elements feeding a 75 ohm connecto.~ and adjusted for rc~onance at each frequency to be measured should be used. i "- l; ~, 1.:~...;~..J F~.: t:ULES 7E,~.GO'S(~+)(4)(:i)(ru)(1~, SYSTEt~1 baTE TEt.4P MOiJ ITOR POI OJT LOCAT I O N N IV.,LUC ~ `TYP'E I c~„LEt~1GTN I LIEVEL I LCtV~FL ~ ~ V ~ A M 1 N I N9 tl t~9 S I G t~ ~ L M,~X1MUt.~ SIGtdAL M/~X.ADJ. SIG. SE P, I CN. I SIG. Ih `S~,.OUTI ISOLkTtOPJ ~, TCI FORM 11-72 s t t .. ~. ,', , ~... ~ ~ Lt_..1 i_? . • CAltft~'-:fi FRC~t~U(-: 11~::';~~L~I,',TIUPl F=.I~ULL'5 7c,.G0,, (A)( 1,?_,312 ) SYSTEM DATE MONI1'OI~ POIPJI' LOCATION ASSIGNED VISU/~L ~`,UI'AL I RhUI AT I OIJ CN FREG~ULNCY C/~(i(il[=Gt C:~i^IER MIC1:0- h11C.;:O- E3aUIdUARIES F-fiECiUENCY F12t~.CwUEf~CY YOL'I°S VOLTS/h~ETER I I - I I ~ I I I I I I • T EM P R EMAR I<5 _ I ( I' _ ~ ~ I I I I I { I I I 'ootnote 1.: This channel is down-converted and up-converted using the same L.O., it is, therefore, an exact i'requency duplicator of the stations transmitted frequency and is not controllable in either carrier frequency or aural carrier separation, by the CATV system. 'ootnote 2.: This channel is heterodyned to off channel carriage without demodulation of the carriers, or is demodulated to Video +4.5 Mhz. The aural separation, therefore, is exactly that which is being transmitted by the television station and is not controllable by tY}e CATV system. ~ ! + . ' t" •4L"!~D E~tJt) F~t;r~•~~U!"IdCY I:C ;t'•:~1-: f . •; ~ ~=cc Rut_c:s~c~.l;o~ t~'•~tcY~) ~.i,i:_::1 to ~SYSTCM DATF MON17ph POINT LOCATIOtJ hFl~.U EtJD (_C~UIN~ ~Ft~t7 ~~ ~;~.:~ TO , CW ,,., ~- ~• VAI..L'=Y• ice} 070 i:t~ !'~MPIr=ILTEt2~~ !;~~:O~t_S~C;:~ C/2~ TL),~-;~:~~.t.a I .. f i t I ~ • TEMP REMAF2K5 ~. TC I FORM 16- 72 i • ~ _ ,~. _ T ~--~'-~ ~ i ~ l- i i l~ [._ f ~ 1. 1 1 . l_ r) I V !r .) L I~ 1 FCC ItUI_[5 7G.E:05 (p} .SY~TEI~ DATE TEMP TRUPlK AIaPLIFIC_R (2U1~9HFR TRUNK Cl~SC~.DE NUMIjEFt MO l; I TO IZ POI ~J7 LO C AT I O (J SYS7~:~•1 t=0!11Pt„t:;.T TYP[: ~.:>;I-ENDER f~l_\`t~ ,U ''l~070 REMARKS 1 v~.~.l.,_~r CN ~~3RiUG~i~~-:Y.TCt,.)c(i ~ fCASC~DE~iIU-f~;~~;;;7~ t. • ~ TC I FORM 'i9- 72 ~ ~ - . - i 1 ~ I ~ • ( ~•~ ~7f21;;Ll- IOid S,Y::TC-;•~ 1~1U"~9~ I•l:,,~, f~idU II:TC~;i•iC~DULI;TIUN ~- ,, ~ l.~:~:~E, ~cc R ,.Ls ~c.co~ t~:~ t7,a,~o>, SY5TCh9 pt~T~ TAMP Tf:Ut;ft A{+!PLtPtCR hU;.iLF.I? Tf•2U~Jt~ CIOSCADF PJUt~1LaER ___ MONITOR POINT LOC~'.'i lON " SYS7Lrt::caut~~r,,~_:~1• TY.~~;~ t-..TF.r~_wf: ~,~ I-~JI~.' ~c!•.~~;:~t:~ I II~.T~"ft- CN i " ~ ;.;vDULk: ic~:':;ISI; I'."~L~ULI;TIOid R~a1ARK5 D.RIpGCR I~XT[:?:~%t•:~ ~Cla.~C~~e ~'IC);i 4«;~i'i0 Di:~~ E..=.TIC) D'a.-':i t 1 ~ 1 ~ ; .~ ! ~ I N ~ _ I t.. _ ! ~_.. t • ~ ~ ~ 1 ~ I I C I ~ I ~ I{ t I TC I FORM 20- 72 ' ~ i CER1•IFICATE OF DISPOSITION OF ORDINANCE IT !S HEREE~Y CERTIFIED purusant to the Charter of the Town of Vail, Colorado, Article IV, Section 4,{4, that Or- dinance No. ~~~ Series of 1974, to the original of which this certi f i cate i s affixed, was duly adopted on second IJ'',~ ,,/ reading by the Town Counc i I at its regu I ar meet i ng on the ~~~~~ day of ~ 't-~/v , 1974, its adoption was authenticated by the s i gn i lures of the P~iayor and the Town Clerk, and sat d ordinance was duly published in ful/l- after said adoption in The Vai I Trai I newspaper on the (~~ day of + , 1974, as indicated by the certificate of publication of said newspaper which is attached to the original of said ordinance, and accordingly on the date hereof said ordinance was duly re- corded in the•official records of ordinances of the Town of Vail, Colorado. /' ~~ DATED; Vai I , Co I orado, this /~~ day of ,~~~~°"~~ 1974. company and the adequacy antl feasibility- of the Company's con- struction arrangements as part of •a full public proceeding affording due process, there is hereby granted by the Town to the Company the right and privilege to engage in the business of operating and providing a CATV system in the Town, and for that purpose to erect, install, construct, repair, replace, recon- struct, maintain and retain in, on, over, under, upon, across and along any public street, public way antl pubiic place, now laid out or dedicated and all extensions thereof and additions thereto in the franchise area such wires, cable, conductors, ducts, conduit vaults, manholes, amplifiers, appliances, poles, attach-" ments, and other property as may De necessary antl appurtenant to the CATV system; and in addition, so to use, operate and provide 'similar facilities or properties rented or leased from other persons, firms or corporation including but not limited to any public utility or other grantee franchisetl or permitted to do business in the Town. Section 3. NON-EXCLUSIVE GRANT. The right to use and occupy said street, and other public ways for the purpose Herein set forth, shall not be exclusive, and the Town reserves the right to grant a similar use in said streets to any other person. Section 4. TERM OF FRAN- CHISE. The franchise antl rights herein granted shalf take effect and be in force 30 days from and aftbr the final passage hereof and upon filing of acceptance by the Company and shall continue in force and effect for a term of 15 years after the effective date of this franchise. - Section 5. CONDITIONS OF STREET OCCUPANCY. (a) All transmission and distri- P~bli~ Nofiee ORDINANCE N0. 14 (Series of 1974) AN ORDINANCE GRANTING A FRANCHISE TO COMMUNITY TELEVISION INVESTMENT, INC., ITS SUCCESSORS AND ASSIGNS TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWN OF VAIL, COLORADO, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE PROVIDING FOR TOWN REGULA- TION AND USE OF THE CABLE button structures, fines, and equip- ment erectetl by the Company within the franchise area shall be so locateq as to Cause minimum interference with the proper use of streets, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said street or other public ways and places. The CATV system shall be constructed and operated in compli- ance with ail Town, State and National construction and electrical codes and shall be kept current with Continued -Page 52 ` '' Town C