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HomeMy WebLinkAboutCablevision ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS IxL~'~RIAGE OFFICER RECORDS I~L, kNAGEMENT OFPICER FREEDOM OF [NFORIxL~.TION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFT THAT THE FOLLOWING RESOLUTION NO. 131 OF 2003 XX AS ADOP FLD AT THE REGULAR MEETING OF THE SOUTHOLD TOVYN BOARD ON FEBRUARY 25, 2003: WHEREAS, the Town Board of the Town of Southold entered a Franchise Agreement with CSC Acquisition - NY, Inc. (Cablevision) which ~vas subsequently confirmed by New York State; and WHEREAS, Cablevision has constructed, operated and maintained the cable television system pursuant to the terms of its previous franchise agreement and I accordance with the Rules and Regulations of the Federal Communications Commission and the New York State Public Service Commission, and WHEREAS, said f~anchise has expired and Cablevision is operating under temporary authority from the New York State Public Service Commission while renewal was being negotiated; and WHEREAS, on February 25, 2003, the Town Board of the Town of Southold held a public hearing affording due process to review the application and the terms of the proposed Franchise Agreement; and WHEREAS, the agreement complies with the standards of the New York State Public Service Commission and will be submitted to that agency for formal certification, now therefore, be it RESOLVED that the Town Board of the Town of Southold grants a non-exclusive cable television franchise to Cablevision and authorizes the Town Supervisor Joshua ¥. Horton to execute such agreement with it as approved b3' the Town Attornes,. and be it FURTHER RESOLVED that the Town Attorney shall coordinate with Cablevision to file the franchise certification application with the New York State Public Service Conunission for its approval. Elizabeth A. Neville Southold Town Clerk March 25, 2003 Ms. Janet H. Deixler Secretary New York State Public Service Commission Cable Television Bureau Agency Building Three Empire State Plaza Albany, New York 12223 Re: Certificate of Confirmation Town of Southold Dear Ms. Deixler: This application is submitted by CSC Acquisition-NY, Inc. ("Cablevision"}, 1lll Stewart Avenue, Bethpage, New York 11714, (516) 803-8300, for a Certificate of Confirmation for the cable television franchise in the Town of Southold, New York ("Town"). The Town granted a cable television franchise to Cablevision by agreement dated May 1984, which expired on May 9, 1995 Cablevision requested and the New York State Public Service Commission, Cable Television Bureau granted Temporary Operating Authority after the expiration of the initial term On July 5, 1994, Cablevision submitted an Application for Renewal of the Cable Television Franchise for the Town of Southold to the Town, a copy of which is annexed hereto and designated as Exhibit h On February 25, 20(13, after publication of notice, a cop.',, of which is annexed hereto and desi~ated as Exhibit II, a public hearing was held on Cablevision's application. A full discussion of Cablevision's proposals and qualifications aod tire generating of tile proposed renewal frauchise were held On February 25, 2003, the Towo Board passed a Resolution granting a nonexclusive franchise to Cablevision. a copy of which is annexed hereto as Exhibit 111. On February 25, 2003, the Town executed a nonexclusive cable television franchise agrcemcnt with Cablevision within the geographical boundaries of the '[own, a copy of which agreement is annexed hereto as Exhibit IV. CABLEVISION SYSTEMS CORPORATION New York State Public Sen'ice Commission March 25, 2003 Page 2 Cablevision, pursuant to Section 821 of the New York State Executive Law and the Rules and Regulations thereunder now requests that the Commission confim~ the franchise agreement. Cablevision intends to continue to engage in origination cablecasting and access cablecasting within the Town. The operation of the Town system has not been and will not be in violation of, or in any way inconsistent with, any federal or state law or regulation. Under Section 821 of the New York State Executive Law, we now respectfully request Commission confirmation of the franchise agreement. Senior Vice President, Law Enclosures cc: Town of Southold I, Charles A. Forma, Senior Vice President, Law, hereby certify that I have this 25th day of March, 2003, sent by first class United States Mail postage prepaid a copy of the foregoing Application for a Certificate of Confim~ation to the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 1197l. Charles A. Forma I'1 USSEA COMMISSION SOt. ilHOLD LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold, County of Suffolk, State of New York, will hold a public hearing at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on February, 25~ 2003 at 8:20 P.M. to consider the application for renewal by CSC Aequisition-NY~ Inc. (Cablevision}~ 1111 Stewart Avenue~ Bethpage~ New Yorlq of its cable television franchise with the Town of Southold. At this hearing, the Town Board will hear interested persons who wish to address the Board with respect to Cablevision's compliance with the reqmrements of the existing cable television franchise, and the community's cable related needs and interests for a new franchise agreement. All relevant documents, including copies of the renewal application and the proposed franchise renewal agreement may be inspected at the office of the Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971 during regular business hours. Dated: February 6, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON FEBRUARY 13~ 2003~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Town Board Members Town Attorney Joan Gilroy, Cablevision Town Clerk's Bulletin Board STATE OF NEXV YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the l0th day of February ,2003, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: 8:20 pm February 25. 2003 ~4~lizab~th~A. Neville -- Southold Town Clerk Sworn before me this 10th dayof February ,2003. ~otary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01BO6020932 Qualified in Suffolk County Term Expires March 8, 20 ~ 2 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of $outhold, County of Suffolk, State of New York, will hold a public hearing at the Southold Town Hall, 53095 Main Road, Southold, New A veto e. l~'~hnn~e. Ne~' York, Of i ~ Ca~l~ televiSlo,. francllme W~ the Town Sout~ ~)ld ,M thi~ h~rin~, tl~c ~ ~d will hear intefe~ed e~sons who w~Sh to address thc oard w~th respect to able~si0n s co~Hance ~h he reqalrcq~nt~ of the existin~ cable mlevi~io~ fra~hise, t,h~ communlt[ s cable ne~ds and h~c~sls for a new franchise aground. Ail rcievanl d~'u~fits, mcludin~ copies 0f t~e COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator. of the D'ave/er Watchman. a public newspaper printed at Southold, in Suffolk County: and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchm~ln once each wee~k for ...... t.....week(s) ~uccessivelx, cm~m~re~tcin~ on the ...... (~-,~. ..... (lax ~f .... .txccr. 3% ......... ( .. S..w.m:n, to before me this/~_...day of .~--~..~.~..., 2003. Notary Public Emily Hamill NOTARY PUBLIC, State of New York No. 01 HA5059984 Qualified in Suffolk Count} Commission expires May 06, 2006 RECEIVED FEB 18 2003 Southold Town Clerk DODIE P. TSCHIRCH Vice President-Public Affairs October 22, 2002 Hon. Joshua Horton, Supervisor Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Attn: Gregory Yakaboski, Esq. Town Altorney Re: Settlement and Release Agreement Dear Supervisor Horton: This letter is to acknowledge full settlement and release of CSC Acquisition-NY, Inc. ("Cablevision") from all claims for non-compliance under the terms of Section 6(3) of the existing franchise with the Town of Southold ("Town"), which franchise expired on July 11, 1995 ("Expired Franchise"). Under the terms of a temporary operating authority issued by the New York State Public Service Commission, Cablevision continues to provide service to the Town pending renewal. As you know, on October 8, 2002, the Town Board unanimously voted to renew Cablevision's franchise. As part of the negotiations upon which the Town based its approval, the parties mutually agreed to settle matters in the Expired Franchise related to the senior citizen discount. The senior citizen discount dispute arose out of changes in federal law pertaining to the regulation of cable television rates in 1992 (the "1992 Cable Act"). The subsequent change in programming tiers established by Cablevision as a resuk of the 1992 Cable Act, and Cablevision's interpretation of other changes in the law led the company to alter its discount policy. After months of discussions between the company and representatives of the Town, the new franchise establishes a discount of fifteen percent (15%) off the basic and expanded basic level of cable television service for eligible senior citizens. In addkion, Cablevision has agreed to provide certain computer equipment to the Town's senior citizen center (as specified in the new franchise), for the benefit of the municipahty and its senior population. CABLEVISION SYSTEMS CORPORATION 1111 Stewart Avenue, Bethpage, NY 11714-3581 516 803-2388 FAX 516 803-2391 Supervisor Horton, Southokl October 22, 2002 Page 2 of 2 Lastly, provided the Town signs and returns this letter sfipulafmg full settlement and release .of all claims or causes of action against Cablevision and its subsidiaries, successe,rs, and assignees, and further provided that the Town agree to waive any future claims under the terms of Section 6(3) of the Expired Franchise, Cablevision will provide a one-time payment of forty-nine thousand dollars ($49,000.00) to the Town. It is understood and agreed by Cablevision and the Town that this settlement is not, nor shall it be deemed an admission by either party of any default, violation, or failure to enforce, any provision of the Expired Franchise. Both parties further represent and warrant to the other that each has the legal right, power and authority to enter into this settlement and release. If the Town is in agreement with the terms specified herein, please sign the attached and return it to Cablevision, thereby acknowledging your acceptance. Sincerely, 5' ' ;/f-Oodie P. Tschirch, Vice President Public Affairs Acknowledgement: Sworn to before me this day of ~/-'~r~t/~r~, ,200~ ! Notary/Public ? cc: Gregory Yakaboski, Town Attorney, Town of Southold Charles Forma, Senior Vice President - Law, Cablevision Joan Gilroy, Director, Franchise Management, Cablevision TOWN OF $OUTHOLD FRANCHISE RENEWAL FRANCHISE RENEWAL AGREEMENT between the Town of Southold, Suffolk County, State of New York and CSC Acquisition - NY, Inc. Table of Contents 1.o DEFINITION OF TERMS ....................................................................... 3 PART I - THE FRANCHISE ..................................................................................................... 8 2.0 GRANT OF FRANCHISE ....................................................................... 8 3.0 NON-EXCLUSiVE NATURE OF THIS FRANCHISE ........................... 9 4.0 TERRITORIAL LIMIT S .......................................................................... 9 5.0 FRANCHISE SUBJECT TO LAW AND REGULATION; ADMINISTRATION ............................................................................... 9 6.0 CONDITIONS ON USE OF STREETS AND PUBLIC GROUNDS ...... 10 7.0 SALE, ASSIGNMENT OR TRANSFER OF FRANCHISE OR CONTROL OF FRANCHISE .................................................................................... 13 8,0 DEFAULT, REVOCATION, TERMINATION, ABANDONMENT ...... 14 9.0 SEVERABILITY ................................................................................... 17 10.0 EFFECTIVE DATE AND TERM .......................................................... 17 PART II - THE SYSTEM ........................................................................................................ 17 11.0 COMPLIANCE WITH FEDERAL AND STATE LAW AND REGULATION ................... ................................................................... 18 12.0 SYSTEM SPECIFICATIONS ................................................................ 18 13.0 SYSTEM PERFORMANCE STANDARDS .......................................... 19 14.0 TECHNOLOGICAL IMPROVEIVlENTS TO SYSTEM ......................... 19 15.0 GENERAL SERVICE OBLIGATION ................................................... 19 16.0 MIN1MUM MUNICIPAL AND SCHOOL SERVICES ......................... 20 17.0 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS .......... 23 ]PART IV - FRANCHISEE'S OBLIGATIONS TO THE TOWN .............................................. 25 18.0 FRANCHISE FEE .................................................................................. 25 19.0 INDEMNITY AND INSURANCE ......................................................... 27 20.0 RATE AND CHARGES ......................................................................... 28 21.0 EMPLOYMENT PRACTICES .............................................................. 28 22.0 TOWN'S RIGHT TO INQUIRE ABOUT AND INSPECT SYSTEM....28 23.0 TOWN'S RIGHT TO INSPECT FRANCHISEE'S BOOKS AND 1 S outholdRenewal ProposalFiNALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL 24.0 25.0 26.0 RECORDS ............................................................................................. 30 REPORTS TO BE FILED BY FRANCHISEE WITH THE, TOWN ....... 30 MANDATORY RECORD KEEPING .................................................... 31 TOWN EMERGENCIES ....................................................................... 32 PART V - FRANCHISEE'S OBLIGATIONS TO SUBSCRIBERS AND CUSTOMER PART SERVICE REQUIREMENTS ........................................................................... 32 27.0 CUSTOMER SERVICE OBLIGATIONS .............................................. 32 28.0 EMPLOYEE DENT1FICATION/TRA1NING ................................ 39 29.0 PERFORMANCE BOND/VIOLATIONS ............................................. 39 30.0 PERIODIC PERFORMANCE EVALUATION SES SIONS/REPORTS. 43 VI - GUARANTEE OF FRANCHISEE'S PERFORMANCE ......................................... 44 31.0 EFFECT OF TOWN'S FAll,URE TO ENFORCE FRANCHISE 32.0 33.0 34.0 35.0 PROVISIONS ........................................................................................ 44 RENEWAL OF FRANCHISE ................................................................ 44 NOTICE ................................................................ : ............................... 45 EQUITABLE TERMS ............................................................ 45 APPROVAL OF THE NYSPC ............................................................... 47 S outholdRenewal ProposalFINALdoc,doc 2 TOWN OF $OUTttOZD FRANCHISE RENEWAL Franchise Renewal Agreement between the Town of Southold, Suffolk County, State of New York and CSC Acquisition - NY, Inc. WHEREAS, the Town of Southold (hereinafter referred to as "Town") has the requisite authority to grant Franchises permitting and regulafmg the use of its Streets, rights-of-way, and public grounds; and, WHEREAS, CSC Acquisition - NY, Inc. (hereinafter referred to as "Franchisee"), or, if applicable Franchisee's predecessor in interest, having previously secured the permission of the Town to use such Streets, rights-of-way, and public grounds under a franchise agreement that has expired, has petitioned the Town for a renewal of such Franchise; and, WHEREAS, the Town has complied with all Federal and State-mandated procedural and substantive requirements pert'ment to this Franchise renewal; and to the best of the Town's knowledge, the Franchisee has done the same. WHEREAS, the Town has approved, after consideration in a full public proceeding affording due process, the character, financial condition, and technical ability of Franchisee; and, WHEREAS, during said public hearings and proceedings, various proposals of the Franchisee for construct'mg, maintaining, /reproving, and operating the Cable System described herein were considered and found adequate and feasible; and, WHEREAS, this Franchise renewal, as set out below, is non-exclusive and complies with the Franchise standards of the New York State Public Service Commission, THEREFORE The Town and Franchisee agree as follows: 1.0 DEFINITION OF TERMS For the purpose of this Franchise, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future words in the plural number included the singular number, and S outholdRenewal ProposalFINALdoc.doc TOWN OF $OUTHOLD FRANCHISE RENEWAL words in the singular number include the plural number. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined herein shall be given the meaning set forth in the Communications Act of 1934, as amended, 47 U.S.C. § 521 et seq., and as hereinafter amended (collectively the "Communications Act"), and, if not defined therein, their common and ordinary meaning. 1.1 "Affiliate" means any Person who owns or Controls, is owned or Controlled by, or is under common ownership or Control with the Franchisee. 1.2 "Area Outage" means a total or partial loss of video, audio, data or other signals carried on the "Cable System" in a location affecting five or more subscribers. 1,3 "Basic Cable Service" or "Basic Service" means any service tier which includes the retransmission of local television broadcast signals, or as defined under applicable federal law, as :may be amended during the term of the Franchise. 1.4 "Board" means the governing body of the Town of Southold, County of Suffolk, State of New York. 1.5 "Cable Service" means the one-way transmission to subscribers of (i) Video Programming, or (ii) Other Programming Service, and Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service. 1.6 "Cable System," or "System," means the facility which is the subject of this Franchise, consisting of a set of dosed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within the Town. Such term does not include (i) a facility that serves only to retransmit the television signals of one or more television broadcast station stations; (ii) a facility that serves subscribers without using any public rights-of- way; (iii) a facility ora common cartier that is subject, in whole or in part, to the provisions of Title II of the Communications Act 1934 47 U.S.C. § 201 et seq., except that such facility will be considered a Cable System to the extent it is used in the transmission of Video Programming, directly to Subscribers unless the extent of such use is solely to provide interactive on demand service; (iv) and Open Video System that complies with Section 653 of the Telecommuhications Act of 1996; and (v) any facilities of any electric utility used solely for operating as an electric utility system. 1.7 "Communications Act or Cable Act" means the Communications Act of 1934, and amendments thereto including, but not limited to Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., and the Cable Television Consumer Protection and competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460, and the Telecommunications Act of 1996 as those Acts may 4 S outholdRenewal ProposalFINALdoc.doc TOWN OF $OUTHOLD FRANCHISE RENEWAL hereinafter be amended. 1.8 "Control of a the Franchisee or Change of Control" means a change in actual working control, through ownership or management, the impact of which will result in the ability to directly affect the policies of the Franchisee or the operation of the Cable System. 1.9 "Educational Access Channel" means a channel or portion thereof on the Cable System designated for noncommercial use, without charge by the Franchisee, by school districts and not-for-profit educational institution chartered or licenses by the New York Department of Education or Board of Regents. 1. 10 "Fair Market Value" means the price that a willing buyer would pay to a willing seller for the Cable System valued as a going concern but with no value allocated to the Franchise itself. 1. 11 "FCC" means the Federal Communications Commission. 1.12 "Franchise Agreement" means the rights and obligations set forth in this contract between the Town and the Franchisee that sets forth the terms and conditions under which the Franchise will be exercised, and may be used interchangeably with the term "Agreement" or ',Franchise". 1.13 "Franchise Fee" means the fee paid by the Franchisee to the Town in exchange for the rights granted pursuant to the Franchise. 1. 14 "Franchisee" means CSC Acquisition - NY, Inc., and its lawful successors and assignees. 1.15 "Government Access Channel" means a channel or portion thereof on the Cable System designated for noncommercial use, without charge by the Franchisee, by municipal, county and State governments, or agencies thereof. 1.16 "Gross Revenue" unless prohibited by applicable law, means all cash, credits, property, or other consideration of any kind or nature received directly or indirectly by the Franchisee, or its Affiliates, from any source whatsoever arising from the operation of the Cable System within the Town to provide Cable Service. Gross Revenues include, but are not limited to, fees charged to subscribers for Basic Service; fees charged to Subscribers for any optional, premium, per- channel, or per-program service; fees charged to Subscribers for any tier of service other than Basic Service; installation, disconnection, re-connection, and change-in-service fees; leased channel fees; late fees and administrative fees; fees, payments, or other payment received as consideration from programmers for carriage of programming on the Cable System; converter 5 S outholdRenewal ProposalF1NALdoc.doc TOWN' O.F 80UTHOLD .FRANCHISE RENEWAL rentals or sales; advertising revenues, including a per capita share of advertising revenues for advertising carried on more than one Cable System; revenues sources as may now exist or hereafter develop. The mount paid as a Franchise fee shall not be deducted from Gross Revenue. Gross Revenue, however, shall not include any bad debt (defined as unpaid subscriber or advertiser accounts); any taxes on services furnished to Franchisee and imposed directly upon any Subscriber or user by the State, Town, or other governmental unit and collected by the Franchisee on behalf of said governmental unit; any Affiliate revenue, such as revenue of The Wiz, derived from the retail sale of any cable or communications products where such products are also available for sale at other non-affiliated retail outlets; and, all other revenues of any Affiliate to the extent that such revenue has also been reported as revenue by the Company. The term "Gross Revenue" shall also not include revenue received by__the Franchisee for the provision of cable modem service over the Cable System. The Franchisee and the Town agree, however, that should the FCC or any other applicable State or Federal agency with proper jurisdiction render a final determination that cable :modem service over a cable system are "cable services" as defined under applicable federal law, or should a court of competent jurisdiction make a final judicial determination finding the same, after the exhaustion of all appeals related thereto, and upon notification to the Franchisee, the Town shall be entitled, to include recurring subscriber revenue from the provision of such services as "Gross Revenue" for purposes of calculating the Franchise Fee owed to the Town. To the extent allowable under law, the Town may request retroactive inclusion of such revenue dating back one year prior to the effective date of such decision, and Franchisee agrees to pay such retroactive liability subject to its right under applicable federal law to pass-through such amounts to subscribers. Should Franchisee decide to recoup such Franchise Fee payment from Subscribers, it shall be permitted to do so over one year rather than in one lump sum. 1.17 "Leased Access Channel" means a Channel designated in accordance with Section 612 of the Communications Act, 47 U.S.C § 532, for commercial use by Persons unaffiliated with the Franchisee. 1.18 "Normal Business Hours" shall have the meaning as provided in 47 C.F.R. §76.309(c)(4)(i), as may be amended. 1.19 "Normal Operating Conditions" shall have the meaning as provided in 47 C.F.R. §76.309(c)(4)(ii), as may be amended. 1.20 .... NYSPC" means the New York State Public Services Commission or any successor State agency with similar responsibilities. 1.21 "Open Video System" A facility consisfmg of a set of transmission paths and associated sJignal generation, reception and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community, provided that the commission has certified that such a system complies with applicable 6 SoutholdRenewal ProposalF1NALdoc.doc TOWN OF SOUTttOLD FRANCHISE RENEWAL FCC rules and regulations, or as otherwise defined under applicable federal law. 1.22 "Other Programming Service" shall have the meaning as set forth in 47 USC 522(14) of the Cable Act, as may be amended during the term of this Agreement. 1.23 "Person" means any individual, corporation, partnership, association, joint venture, organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof, but shall not mean the Town. 1.24 "Public Access Channel" means a channel on a Cable System designated for noncommercial use, without charge by the Franchisee, by the public on a first-come, first-served, nondiscriminatory basis. 1.25 "Service Interruption" means the loss of picture or sound on one or more cable Channels. 1.26 "State" means the State of New York. 1.27 "Street or Streets" means the surface, the air space above the surface and the area below the surface on any public Street, highway, road, boulevard, concourse, driveway, freeway, thoroughfare, parkway, sidewalk, bride, tunnel, park, waterway, dock, bulkhead, wharf, pier, court, lane, path, alley, way, drive, circle, easement, or any other public right-of~way or public place, incindJng public utilities easements dedicated for compatible uses, or any other property in xvhich the Town holds any kind of property interest or over which the Town exercises any type of lawful control. 1.28 "Subscriber" means any individual Person or unit who lawfully receives Cable Services delivered over the Cable System. 1.29 "Subscriber Base" means the total number of residential and commercial Subscribers within the Town. For the purposes of calculating Subscribers served under bulk contracts, the Franchisee shall count each Subscriber served as one Subscriber. 1.30 "Transfer of a Franchise" or "Transfer" means any transaction where ownership or C, ontrol of the Franchisee or its Cable System is transferred from one Person or group of Persons to another Person or group of Persons so that Control of the Franchise is transferred; or (b) the rights and/or obligations held by Franchisee under the Franchise Agreement are transferred or assigned to another Person or group of Persons. 1.31 "Two-Way Capability" means the incorporation into a Cable System of all appropriate design and engineering characteristics and features so that two-way transmission, 7 SoutholdRenewal ProposalFINALdoc. doc TOWN OF $OUTHOLD FRANCHISE RENEWAL including but not limited to addressability, over the System can be implemented and activated. 1.32 :Wideo Programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast channel. PART I - THE FRANCHISE :2.0 GRANT OF FRANCHISE 2.1 Franchisee is hereby granted, subject to the terms and conditions of this Agreement, l:he non-exclusive right, privilege, and authority to construct, operate, and maintain a Cable System for the purpose of providing Cable Service, cable Internet service, and other forms of broadband communications and telecommunications service within the Streets, alleys, and public ways of the Town. Subject to Subsection 2.3, this Franchise does not prohibk Franchisee from providing telecommurfications services, or from constructing, operating or maintaining telecommunications lhcilities. 2.2 Franchisee may erect, install, extend, repair, replace, and retain in, on, over, under, or upon, across and along the public Streets, alleys, and ways within the Town, such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary for the construction, maintenance and operation of t]he Cable System in conformance with the Town's generally applicable laws, ordinances, rules and regulations. 2.3 This Agreement shall not preclude or limit Franchisee, or its Affiliates from providing any communications service for which no franchise or other approval from the Town is lawfully required. Notwithstanding the provisions of Section 2.1, in the event the Town should hereafter enact any ordinm~ce or regulation applicable to any telecommunications service, such ordinance or regulation shall be consistent with Federal and State law, and shall not apply unless mad until such ordinance or regulation, including any compensation reqttirement, is non- i[scriminatou~ and applied equally to ail telecommunications providers within the Town including the incumbent local exchange carrier as such term is defined under applicable Federal law. Nothing herein shall be construed as an acknowledgement by Franchisee, of the Town's authority to enact any ordinance or otherwise require separate authorization for the provision of any telecommunications service by Franchisee, or its Affiliates. 2.4 Nothing in this Agreement shall be deemed to waive the requirements of the various generally applicable codes and ordinances of the Town regarding permits, fees to be paid to the 8 SouthotdRenewal ProposalFINALdoc. doc TOWN OF SOUTHOLD FRANCHISE RENEWAL Town for permits or construction, or the manner of construction. 3.0 NON-EXCLUSIVE NATURE OF THIS FRANCHISE 3.1 The rights and privileges granted to the Franchisee pursuant to this Agreement are non-exclusive and, except as provided in Section 34 of this Franchise, nothing in this Agreement shall be constructed as any form of limitation upon the fight of the Town to grant to other Persons rights, privileges, or authorities in the same or other Streets, alleys, or other, public ways or public places. The Town specifically reserves the right to grant at any time such additional Franchises for any lawful purpose as it deems appropriate, subject to the terms of Section 34 of this Agreement. 4.0 TERRITORIAL LIMITS 4.1 The rights and privileges awarded pursuant to this Agreement shall relate to and cover the entire present territorial limits of the Town, with the exception of Plum Island and Fisher's Island and any other island portions of the Town not connected to the mainland. In the e~ent that any area outside the territorial limits of the Town is annexed during the term of this Agreement, the Franchisee shall be authorized to serve such area and, upon request of the Town, shall be required to extend service therein under the same general terms and conditions that exits in this Agreement, including, but not limited to, any minimum density requirements relating to extension of the Cable System to serve potential subscribers as provided in Section 15 of this Franchise. 5.0 FR)3qCHISE SUBJECT TO LAW AND REGULATION; ADMINISTRATION 5.1 All terms and conditions of this Agreement are subject to Federal and State law and the roles and regulations of the FCC and the NYSPSC. 5.2 NYSPSC. All terms and conditions of this Agreement are subject to the approval of the 5.3 All rights and privileges granted hereby are subject to the police power of the Town to adopt and enforce laws, roles and regulations necessary for the health, safety and general welfare of the public, Expressly reserved to the Town is the right to adopt, in addition to the provisions of this Agreement and existing laws, rules, and regulations, such additional laws, roles, and regulations as it shall find necessary in the exercise of ks police power; provided, however, l~hat such additional laws, rules and regulations are reasonable, properly within the authority of the Town to enact, consistent with all federal and State laws, rules regulations and orders, and, not materially in conflict with the privileges granted in this Franchise. 5.4 Within sixty (60) days of receipt of formal notification of the Town's approval of 9 SoutholdRenewal ProposalFINALdoc.doc TOWN OF $OUTHOLD FRANCHISE RENEWAL this Franchise, Franchisee shall file a request for certification of this Franchise with the NYSPSC and shall provide the Town with evidence of such filing. 5.5 The Town Supervisor, or other Person as expressly designated by the Town Board, shall have responsibility for the continuing administration of the rights and interest of the Town under this Franchise. Notwithstanding the foregoing, however, any award or denial of a Franchise, revocation, termination, or assessment of penalties under the terms of the Franchise, shall require a vote by the Town Board. 6.0 CONDITIONS ON USE OF STREETS AND PUBLIC GROUNDS 6.1 Any pavements, sidewalks, curbing or other paved area taken up or any excavations made by a Franchisee shall be done under the reasonable direction of the Town under permits issued for work by the proper official of the Town or where necessary the County, and shall be done in such manner as to not unreasonably inconvenience the inhabitants of the Town. The Franchisee shall make proper inquiry to ONE CALL for the requisite approval prior to any excavations in the Town. A Franchisee shall, at its own cost and expense, and in a manner approved by the Town, replace and restore any such pavements, sidewalks, curbing or other paved a~eas in as good a condition as before the work involving such disturbance was done, and shall also make and keep full and complete plats, maps and records showing the exact location of its facilities located wit~dn the public Streets, ways, and easements of the Town. 6.2 Except to the extent required by applicable law, the Franchisee shall, at its expense, protect, support, temporarily disconnect, relocate, or remove, any of its property when required by the Town by reason of traffic conditions, public safety, Street construction, Street resurfacing or widening, change of Street grade, installation or sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of municipal or public utility improvements; provided, however, that the Franchisee shall, in all such cases, have the privilege of abandoning any property in place, 6.3 The Franchisee shall, on the request of any Person holding a building or moving permit issued by the Town, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the Person requesting :same, and the Franchisee shall have the authority to require such payment in advance, except in the case where the requesting Person is the Town, in which no such payment shall be required. The Franchisee shall be given not less than ten (10) working days advance notice to arrange for such temporary wire changes. 6.4 The Franchisee shall have the authority to trim the trees or other natural growth upon and overhanging the Streets so as to prevent the branches of such trees from coming in contact with the wires, cables and other equipment of the Franchisee. Such trimming shall be performed in a professional manner and to the minimum extent necessary to prevent contact with 10 SoutholdRenewal ProposalFINALdoc.doc TOWN OF $OUTHOLD FRANCHISE RENEWAL the facilities of Franchisee. Notwithstanding this authority, except in the case of an emergency, Franchisee shall not remove any tree, nor engage in any widespread pruning without first providing written notice to the Town at least ten (10) days prior to taking such action. For purposes of this Section ~videspread pruning" shall mean any planned pruning by the Franchisee covering three (3) or more Streets with the Town. 6.5 The Franchisee shall use, with the owner's permission, existing underground conduits or overhead utility facilities whenever reasonably feasible and commercially practical. 6.6 All wires, cable lines, and other transmission lines, equipment and structures shall be installed and located to cause minimum interference with the rights and reasonable convenience e,f property owners. The Town may issue such roles and regulations of general applicability concerning the installation and maintenance of a Cable System installed in, on, or over the Streets, subject to the terms of this Agreement. 6.7 All safety practices required by law shall be used during construction, maintenance and repair of the Cable System. A Franchisee shall not place facilities, equipment or fixtures where they will interfere with any gas, electric, telephone, water, sewer or other utility facilities, or obstruct er hinder in any manner the various utilities serving the resident of the Town of their use of any Street or any other public rights-or-way. 6.8 The Franchisee shall, at all times: (a) Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the County and Town Building Electrical Codes and any other applicable Building or Electrical Safety Code, and in such manner that they will not interfere with any installation of the Town. (b) Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, equipment, and connections in, over, under, and upon the Streets, sidewalks, alleys, and public ways or places of the Town, wherever situated or located. 6.9 On Streets where all electrical and telephone utility wiring is located underground, ,either at the time of initial construction of a Cable System or at any time thereafter, the Franchisee's cable shall also be located underground at the Franchisee's expense. Between a Street and a Subscriber's residence, the Franchisee's cable must be located underground if both electrical and telephone utility wiring are located underground. If either electric or telephone 'utility wiring is aerial, a Franchisee may install aerial cable except where a property owner or resident requests underground installation and agrees to bear the additional cost of such installation 11 SoutholdRenewal ProposalFINALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL over and above the cost of aerial installation. 6.10 In the event the use of any part of a Cable System is discontinued for any reason so as to result in Franchisee's failure to provide Cable Service to any portion of its Franchise area for a continuous period of twelve (12) months, or in the event such system or property has been installed in any Street without complying with the requirements of any Town applicable law or this Franchise Agreement, or the Franchise has been terminated, canceled or expired, the Franchisee, within thirty (30) days or such longer time period as may be determined by the Town in its sole discretion after written notice by the Town, shall commence removal from the Street of all such property as the Town may require. 6.11 The Town may extend the time for the removal of Franchisee's equipment and facilities for a period not to exceed one hundred eighty (180) days, and thereafter such equipment and facilities may be deemed abandoned. 6.12 In the event of such removal or abandonment, the Franchisee at its own expense shall restore the area to as good a condition as prior to such removal or abandonment. 6.13 In exercising rights pursuant hereto, Franchisee shall not endanger or interfere with the lives of Persons, nor interfere with any installations of the Town or any other Person permitted to use the Streets and public grounds, nor unnecessarily hinder or obstruct the free use of the Streets and public grounds. The grant of this Franchise does not establish priority for use over other present or future permit or Agreement holders or the Town's own use of the Streets and public grounds. The Town shall at all times control the distribution of space in, over, under, or across all Streets and public grounds that are occupied by the System. All rights granted for the construction and preparation of the System shall be subject to the continuing right of the Town to require such reconstruction, relocation, or change of the facilities and equipment used by Franchisee in the Streets, alleys, avenues, and highways of the Town, as shall be reasonable under the circumstances and necessary in the public interest. 6.14 Nothing in this Agreement shall hinder the right of the Town or any governmental authority to perform or carry on, directly or indirectly, any public works or public improvements of any description. Should the System in any way interfere with the construction, maintenance, or repair of such public works or public improvements, Franchisee shall, at its own cost and expense, protect or relocate its System, or part thereof, as directed by the Town. If necessary the Town shall perform such work and the Franchisee shall reimburse the Town for all the Town's costs and expenses related thereto. 7.0 SALE, ASSIGNMENT OR TRANSFER OF FRANCHISE OR CONTROL OF FRANCHISEE SoutholdRenewal ProposalFINALdoc.doc 12 TOWN OF $OUTHOLD FRANCHISE RENEWAL 7.1 No Transfer of Control of the Franchisee, or this Franchise shall occur without the prior written consent of the Town. 7.2 At least one-hundred twenty (120) days before a proposed Transfer is scheduled to become effective, Franchisee shall file an application in writing requesting the Town's written consent to such proposal. Said application shall include at minimum that information required by FCC Form 394, or such other form as the FCC may, in the future, provide for such purpose. Applications made by Franchisee pursuant hereto shall be administered in accordance with 47 C.F.R. §76.502. No application shall be deemed to have been filed unless and until the Town has received complete and accurate responses to all sections of the application. 7.3 Provided the Town discontinues the Franchise Fee as specified in Section 18.1 of this Franchise, Franchisee shall reimburse the Town for its reasonable out of pocket expenses associated v/lth the filing and processing of an application for Transfer of Control of the Franchise. Reasonable expenses shall include, but not be limited to costs of the Town such as publishing notice of hearings dates related to such request for Transfer and administrative fees associated with processing an application or conducting a public hearing. Such costs shall not include reimbursement for professional consultants such as attorneys, accountants or engineers, and shall not exceed three thousand dollars ($3000.00) per Transfer request. 7.4 The Town may consider the following in determining the ability of the proposed assignee or transferee to meet the obligations of the Franchise hereunder and in deciding whether to grant the Application: (a) the experience of proposed assignee or transferee; (b) the managerial and technical qualifications of proposed assignee or transferee; (d) the financial ability and stability of the proposed assignee or transferee; (e) the plans of the proposed assignee or transferee as to operation and maintenance of the System; (f) transferee's agreement to accept all obligations and liabilities of the transferor; (g) the likely effects of the Transfer or assignment on the health, safety and welfare of the citizenry of the community relative to the operation of the System; 13 SoutholdRenewal ProposalFINALdoc.doc TOWN OF $OUTHOLD FRANCHISE RENEWAL other franchises held by the transferee or assignee, and the Town may make reasonable requests for copies of agreement with other local franchising authorities. 7.5 The Town may take action to grant or deny the application. Any official Town action shall be made by resolution. However a transferee must submit to the Town an executed written acceptance of this Agreement as a condition precedent to the Town's adoption of the Resolution granting the Transfer of the Franchise. 7.6 No consent from the Town shall be required for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness, or for a Transfer to a corporation, partnership or other entity controlling, controlled by, or under common control with the Franchisee, including a change of ownership or Control of Franchisee or of this Franchise to Cablevision Systems Corporation or to another owned and Controlled Affiliate or subsidiary of Cablevision Systems Corporation; provided, (i) the assignee assumes all of the obligations and liabilities of the Franchisee and remains otherwise bound by the terms of the Agreement, and provides written acknowledgment and acceptance of same, and (ii) the assignee possess the necessary legal, technical, and financial qualifications to operate the Cable System within the Town, and (iii) there exist no violations of the existing Franchise of which Franchisee is on notice of prior to the proposed Transfer. 8.0 DEFAULT, REVOCATION, TERMINATION, ABANDONMENT 8.1 The Franchise may be revoked by the Town for a material violation or material breach of this Franchise Agreement. To invoke the provisions of this subsection, the Town shall give the Franchisee written notice, by certified mail at the last known address, that Franchisee is in material violation or breach of the Franchise Agreement and describe the nature of the alleged violation or breach. If within thirty (30) calendar days following receipt of such written notice from the Town to the Franchisee, the Franchisee has not cured such a violation or breach, or has not commenced corrective action and such corrective action is not being actively and expeditiously ]pursued, the Town may give written notice to the Franchisee of its intent to revoke the Franchise, stating its reasons. 8.2 Prior to revoking the Franchise under subsection 8.1 hereof, the Town Board shall ihold a public hearing, upon thirty (30) calendar day notice, at which time the Franchisee and the public shall be given an opportunity to be heard. Following the public hearing the Town Board may determine whether to revoke the Franchise based on the evidence presented at the hearing, and other evidence of record. If the Town Board determines to revoke the Franchise, it shall issue a written decision setting forth the reasons for its decision. A copy of such decision shall be 14 SoutholdRenewal ProposalF1NALdoc.doc TOWN OF SOUTHOLD FRA2VCHISE RENEWAL transmitted to the Franchisee. 8.3 Notwithstanding subsections 8.1 and 8.2 hereof, the Franchise may, at the option of the Town following a public hearing before the Town Board, be revoked one hundred twenty (120) calendar days after any assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the Franchisee, whether in receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding, unless within that one hundred twenty (120) day period: (a) such assignment, receivership or trusteeship has been vacated; or (b) such assignee, receiver or trustee has fully complied with the terms and condition of this Franchise Agreement and has executed an agreement, approved by a court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this Ordinance and the Franchise Agreement. 8.4 In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of the Franchisee, the Town may revoke the Franchise, following a public hearing before the Town Board, by serving notice upon the Franchisee and the successful bidder at the sale, in which event the Franchise and all rights and privileges of the Franchise will be revoked and will terminate thirty (30) calendar days after serving such notice, unless: (a) the Town has approved the Transfer of the Franchise to the successful bidder; and (b) the successful bidder has covenanted and agreed with the Town to assume and be bound by the terms and conditions of the Franclfise Agreement. 8.5 If the Town revokes a Franchise, or if for any other reason the Franchisee abandons the Cable System, terminates or falls to operate or maintain service to its Subscribers, the following procedures and rights are effective: (a) the Town may require the former Franchisee to remove its facilities and equipment at the former Franchisee's expense. If the former Franchisee fails to do so within a reasonable period of time, the Town may have the removal done at the former Franchisee's and/or surety's expense. (b) the Town, by resolution of the Town Board, if it acquires ownership of the Cable system or effects a Transfer of the ownership of the Cable System to another Person, any such acquisition or transfer shall be at the Fair Market Value. 15 S outholdRenewal ProposalFINALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL (c) if the Cable System is abandoned by the Franchisee and if the Town acquires ownership, the Town may sell, assign or transfer all or part of the assets of the System. 8.6 No adverse action against the Franchisee may be taken by the Town pursuant to tiffs section except after a noticed public hearing at which the Franchisee is given an opportunity to participate. 8.7 It is the right of the Town for ail Subscribers to receive cable television services fi:om the Franchisee in accordance with the terms of this Agreement, as long as thek financial and other obligations to the Franchisee are satisfied. In the event of a termination or Transfer of the Franchise for whatever reason, the Franchisee shall ensure to the Town that ail Subscribers receive continuous ~ninterrupted service regardless of the circumstances. The Franchisee shail cooperate with the Town to continue to operate the System for a temporary period not to exceed one year fbllowing termination or Transfer as necessary to maintain continuity of service to all Subscribers. During such period the Cable System shail be operated under such terms and conditions as the Town and the Franchisee may agree, or such other terms and conditions that will continue, to the extent possible, the same level of service to Subscribers and the same level of compensation to the cable operator. 8.8 In the event the Franchisee fails to operate the System for seven (7) consecutive days without prior approval of the Town or without just cause (including any force majuere as defined in section 8.11 below), the Town may, at its option, operate the System or designate an operator until such time as the Franchisee restores service under conditions acceptable to the Town or until a permanent operator is selected. If the Town is required to fulfill this obligation for the Franchisee, the Franchisee shall reimburse the Town for all costs or damages resulting from the Franchisee's failure to perform that are in excess of the revenues from the System received by the Town. 8.9 Upon expiration, termination or revocation of this Franchise, Franchisee, at its sole cost and expense and upon direction of the Town, shail remove the cables and appurtenant devices constructed or maintained in connection with the services authorized herein, unless Franchisee, its Affiliated entities or assignees receive approval to maintain such facilities for stated purposes pursuant to terms and conditions established by the Towr~ or receive any federal, State, or :applicable local certification to provide telecommunications services or to operate an Open Video Service. 8.10 Notwithstanding anything to the contrary, in the event that Franchisee, its parent, Affiliate or subsidiary elects to offer to subscribers video programming services through any means or method not included within the definition of a Cable System, including but not limited to an 16 SoutholdRenewal ProposaiFINALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL "Open Video System", the Franchisee shall a) remain subject to all terms and conditions of the Cable Televiision Franchise granted pursuant to this Agreement and b) obtain from the Town all applicable authorizations. 8.11 In no event, and notwithstanding any contrary provision in this section or elsewhere in this Agreement, shall this Agreement be subject to default, revocation or termination, or Franchisee be liable for non-compliance with or delay in the performance of any obligation hereunder, where its failure to cure or to take reasonable steps to cure is directly attributable to formal U.S. declaration of war, government ban on the affected obligation, U.S. government sponsored or supported embargo, civil commotion, strikes or work stoppages (except those against Franchisee and its affiliates), fires, any acts of God or of nature, or other events beyond the hnmediate control of Franchisee. 9.0 SEVERABILITY 9.1 Should any other provision of this Agreement be held invalid by a court of competent jurisdiction or rendered a nullity by Federal or State legislative or regulatory action, the remaining provisions of this Agreement shall remain in full fbrce and effect. 10.0 EFFECTIVE DATE AND TERM 10.1 The effective date of this Agreement shall be the date this Agreement is granted a certificate or confirmation by the NYSPSC. 10.2 The term of this Agreement shall be ten (10) years from the effective date. PART II - THE SYSTEM 11.0 COMPLIANCE WITH FEDERAL AND STATE LAW AND REGULATION 11.1 Franchisee shall comply with all applicable federal, State, and local law and regulations pertaining to the authorization, construction, erection, installation, operation, maintenance, and/or repair of the System, including the regulations of the FCC and the NYSPSC, federal and. State occupational safety and health regulations, and applicable codes including the National Electric Code, and National Electric Safety Code, all as may now exists or hereinafter amended. In addition, the System shall meet or exceed all applicable technical and performance standards of federal and State law, including those of the FCC and the NYSPSC, as now exist or hereinafter amended. 12.0 SYSTEM SPECIFICATIONS SoutholdRenewal ProposalFINALdoc.doc 17 TOWN OF $OUTHOLD FRANCHISE RENEI~/AL 12.1 Franchisee's Cable System shall be capable of passing frequencies of 750 MHz, and have a minimum channel capacity of seventy-eight (78) analog video channels or the equivalent thereof; and Two-Way Capability; and otherwise have the capacity to satisfy its obligations pursuant to this Agreement and applicable federal, State, and local law. 12.2 Notwithstanding anything to the contrary, throughout the term of the Agreement, Franchisee shall maintain and make regular improvements to its Cable System to ensure that the technical capabilities of such system will not serve as the sole limiting factor on Franchisee' s ability to regularly implement new Cable Services as may be created and developed during the term of this Agreement. Notwithstanding the foregoing, this section shall not establish a requirement for Franchisee to launch a particular technology during the term of the Agreement nor shall it establish a requirement for the offering of a particular Cable Service when the Franchisee can establish, to the satisfaction of the Town Board, that offering such service would be economically or technically unfeasible. 12.3 All such construction and any subsequent maintenance, repair, or improvement of said system shall use material of good and durable quality and shall be performed in a safe, workmanlike, thorough, and reliable manner. 12.4. The System shall incorporate equipment capable of providing standby powering of the System so as to minimize Area Outages caused by interruption of power furnished by the utility' company. The standby powering equipment shall provide for automatic cut-in upon failure of the AC power and automatic reversion to the AC power upon resumption of AC power service. The equipment also shall be so designed as to prevent the standby power source from powering a "dead" utility line. 12.5 The System shall be so designed as to enable Franchisee to provide Cable Service ~hroughout the territorial limits of the Town. 13.0 SYSTEM PERFORMANCE STANDARDS 13.1 All signals carried by the System shall be transmitted with a degree of technical quality not less than that prescribed by the rules and regulations of the federal and State regulatory agencies having jurisdiction. 13.2 Operation of the System shall be such that no interference will be caused to broadcast and satellite television and radio reception, telephone communication, amateur radio communication, aircraft and emergency communications, or other similar installation or communication within the Town. 14.0 TECHNOLOGICAL IMPROVEMENTS TO SYSTEM SoutholdRenewal ProposalFINALdoc.doc 18 TOWN OF $OUTHOLD FRANCHISE RENEWAL 14.1 Franchisee agrees that the capabilities of the Cable System shall be maintained technologically current throughout the duration of the Franchise, as compared with other systems operated by the Franchisee of comparable size and to the extent economically reasonable and commercially practicable. Franchisee further agrees that it will exercise reasonable efforts to deploy the same or comparable Cable Services in the Town, that are provided to other similarly situated communities operated by Franchisee, or any Affdiate of Franchisee, in Suffolk County, on other than a trial or test basis; provided, however, this obligation shall apply only to comparisons with other c, able systems that have the same technical capabilities to offer such Cable Services as the Cable System operated by Franchisee in the Town, including, but not limited to the Cable System's bandwidth capacity, physical architecture, and network construction; and, further provided that this requirement shall be subject to Franchisee's reasonable right to consider the commercial practicality of providing such Cable Service in the Town, including its ability to obtain a reasonable rate of return on investment over the remaining term of the Franchise. 14.2 The FranChisee shall, upon written request, but no more frequently than on an annual basis beginning January 1, 2005 and throughout the remaining term of this Franchise, provide a report to the Town containing sufficient information to make a determination as to whether the Franchisee is in compliance with Section 14.1 herein. 15.0 GENERAL SERVICE OBLIGATION 15.1. Franchisee shall provide cable television service within the Town upon the lawful request of any and all Persons within the Town, subject to the following: (a) With the exception of customized installations, all residential structures located along public rights-of-way served by aerial plant within the territorial limits of the Town and situated within two hundred (200) feet of the trunk or feeder cable shall receive such service at no more than the standard installation charge. (b) Franchisee shall extend the System to service all areas of the Town along public rights-of-way which have a density of fii~een (15) homes per linear mile of cable or greater, or areas with less than fifteen (15) homes per linear mile of cable where the Person requesting service agrees to a contribution- in-aid-of construction in accordance with the standards provided in Section 595.5 of the rules and regulation of the NYSPSC. (c) All commercial structures within the territorial limits of the Town shall be able to receive service, provided the owners or tenants of such structure, and such structures themselves, meet the reasonable requirements and 19 SoutholdRenewal ProposalFINALdoc.doc conditions of Franchisee, provision of said service. TOWN OF $OUTHOLD FRANCHISE RENEWAL including any line extension charge for the 15.2 Franchisee shall not unlawfully discriminate against any Person as to the availability, maintenance, and pricing of cable television service. Nothing herein shall be construed to limit the Franchisee's ability to offer or provide bulk rate discounts where applicable, to the extent permitted m~der federal and State law or to provide discounts to senior citizens consistent with Section 20.3 here'm. 16.0 MIN~ MLrNICIPAL AND SCHOOL SERVICES 16.1 Franchisee shall at minimum provide and install one (1) cable outlet at no charge and provide Basic cable television service without monthly service charge to at minimum, each and every Tovm or municipal facility used for governmental purposes by the Town and every primary and secondary school and municipal public library located within the Town subject to the applicable rules and regulations of the FCC and the NYSPSC, as set forth below: (a) Franchisee shall, without charge, make the necessary connection for Basic Service, as provided below, into the internal R.F. distribution system of each Town or municipal facility used for governmental purposes, each municipal public library, and each primary and secondary school within the Town (hereinafter singly or collectively referred to as the "premises"). Franchisee shall make a connection at, one outlet in where such premise for the purpose of enabling the said premises to distribute the cable television service. Where such premises consist of more than one building, each structure shall be connected. (b) Franchisee shall make such tie-in and connection at the location designated by the appropriate official as the location of the internal R.F. distribution system of the premises. The responsibility of Franchisee shall terminate when the tie-in and connection to the internal KF. distribution system is completed, and the responsibility for performance of the internal R.F. distribution system, and for distribution of the transmission throughout such system shall be solely that of the premises. Franchisee makes no representation or warranty as to the ability of such internal distribution system to carry the programs transmitted over its Cable System. Upon request, Franchisee shall provide, without charge, reasonable technical consulting services to the premises in order to make the internal system work effectively for the purpose intended herein. Any required internal wiring shall be provided by Franchisee at no more than Franchisee's actual cost, including materials and labor. 20 SoutholdRenewal ProposalFINALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL The procedure for making such connections shall be as follows: Connections will attempt to be made at the time when Franchisee is scheduled to service the area closest to the premises. At such time, Franchisee shall send written notification to such prerrfises. Thereafter, upon written request from the recipient official, Franchisee will make the above described fie-in and connection to the internal distribution system of such premises. Where Franchisee is serving the area but the premises to be connected with an aerial installation is located more than 500 feet from the nearest trunk or feeder cable, the cost of the aerial cable installation beyond 500 feet will be paid by the recipient at its actual cost. For underground installations, Franchisee shall charge the recipient its actual cost. Such costs shall be submitted to said recipient, in writing, before installation is begun. (d) As used in this Agreement, the terms: "school" shall mean those educational institutions within the Town chartered by the New York State Board of Regents pursuant to the New York Education Law; and ¢) "library" shall mean a library established for free public purposes by official action of a town, district, or the legislature, where the whole interest belongs to the public, provided, however, that the term shall not include a professional, technical or public school library. "Town or municipal facility" shall mean any premises part or all of which is owned or utilized for government purposes by the Town, controlled by the Town or used for a Town government or education purpose including but not limited to Town Hall, police, fire and ambulance corps building, and such other municipal buildings as designated in Exhibit A herein. 16.3 Franchisee shall also provide free of charge, one (1) high-speed cable modem and monthly Internet access service, including a standard installation to each State accredited public and private school and municipal public library in the Town. The cable modem provided by the Franchisee to schools and libraries may be networked to an additional twenty-four (24) computer terminals at such locations; however, the costs, including the cost of the router that would be requked to network these additional computers, will be borne by the Town. The router, if purchased from the Franchisee, shall be at a cost not to exceed two thousand dollars ($2,000.00). 16.4 The Franchisee shall provide to the Town, free of charge, one (1) high-speed cable 21 SoutholdRenewal ProposalFINALdoc.doc TOWN OF SOUTHOLD _FRANCHISE RENEWAL modem and monthly Internet access service, including a standard installation to the Southold Senior Citizen Center located on Pacific Street, Southold, New York ("the designated building"). The Town shall be permitted, at its own cost, to network up to three (3) additional personal ,computer terminals at the designated building (four computers in total) to the cable modem provided by the Franchisee. In addition, Franchisee shall purchase on behalf of the Town two (2) personal computer terminals (including one printer), the purpose of which shall be to assist the 'Town in establishing a computer room within the Senior Citizens' Center to promote computer literacy and. Internet usage among the Town's senior population. 16.5 During the term of the Agreement, if the Town shall desire to contract for high speed ,cable modem Internet service offered from the Franchisee, Franchisee shall provide such service to 'the Town at contract terms and conditions no less favorable than the most advantageous rates and ,conditions offered by the Franchisee to other commercial subscribers located in the Town who purchase "similar or identical services" from Franchisee. 16.6 Upon request of the Town Supervisor, Franchisee shall lease broadband capacity to 'the Town at no more than the lowest commercial rate offered by Franchisee for "sinfilar or identical services" from Franchisee. 16.7 For purposes of Sections 16.4 and 16.5, "similar or identical services shall mean both a similarity in the type of service requested and the volume or quantity of all service provided 'to such commercial customers with whom such comparison is made. 17.0 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS 17. ~ Franchisee shall comply with applicable federal and State law, roles, and regulations ]pertaining to non-commercial public, educational, and governmental (PEG) access to the System. 17.2 Public Access. Franchisee shall designate one (1) channel on its Cable System as a Public Access Channel. Franchisee shall provide the Town, and the residents of the Town with access to all non-commercial PEG access services provided by Franchisee in compliance with the PEG access policy attached as Exhibit B and incorporated herein, as may be amended by Franchisee, throughout the term of the Agreement. The Franchisee shall provide the Town thirty (30) days advanced written notice prior to implementing any changes in its PEG Access rules and regulations as currently constituted and provided herein as Exhibit B. Should Franchisee's said ]policies be inconsistent with the standards established in Section 595.4 of the rules of the NYSPSC pertaining to noncommercial government, educational or public access, such roles shall govern. 17.3 Government/Education Access. SoutholdRenewal ProposalFINALdoc.doc 22 TOWN OF SOUTHOLD FRANCHISE RENEWAL 1. Franchisee shall designate to the Town, and the schools, and school districts within the Town, for its' exclusive use at least one (1) full-time activated Government Access Channel/Educational Access Channel. The Town and the schools, and school districts located within the Town shall have exclusive control over the Government and Educational Access Channel programming. In no event shall the Town lose the designation of the initial Government/Educational Access Channel. 2. Whenever the first Government/Educational Channel so designated has been programmed on the average of at least twelve (12) hours per day during any ninety (90) day period, Franchisee, at the request of the Town, shall within ninety (90) days designate an additional full-time activated channel for such Government/Educational access use. In the event that this second channel is required, one channel may be designated the Government Access Channel and the other channel may be designated as the Educational Access Channel; provided, however, either channel may be used for either government or educational purposes if necessary to satisfy the demand for channel time. 3. Notwithstanding anything to the contrary to the PEG access rules provided by Franchisee in Exhibit B, the Town shall be responsible for providing the use and procedures for the Government/Educational Channels to the extent the Town does not use the Franchisee' s facilities for production of such programming. 4. Notwithstanding anything contained in the Franchise to the contrary, channels designated pursuant to this Section 17.3 shall be included in the lowest level of service offered by the Franchisee on the Cable System. 5. Franchisee shall make available and maintain all necessary headend and System electric and distribution equipment so that any programming transmitted upstream on the upstream channel from the Town Hall Building to the headend, may then be transmitted downstream to all Subscribers on the Government/Educational Access Channel(s). 6. Franchisee shall maintain a studio facility with sufficient production equipment and adequately trained personnel accessible to residents of the Town and within twenty-five (25) miles from the current Town Hall Building, at which the Town may have access for the purpose of producing non-commercial government and educational programming. Franchisee shall not move such facility from its existing location as of the Effective Date of this Franchise, unless Franchisee provides reasonable advance written notice to the Town, and such new studio location is reasonably accessible to the Town and ks residents and is not further 23 SoutholdRenewal ProposalFINALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL than twenty-five (25) miles from the current Town Hall Building. The Town acknowledges that the Franchisee's current studio facility located in Riverhead, or such other comparable future studio facility of the Franchisee, located in Southold, Southampton or Riverhead, or one of the incorporated villages located therein, shall qualify as '~accessible to the residents of the Town" for purposes of this Section. 7. Franchisee will publicize programming on the access channels as a part of any ordinary printed programming on the access channels as a part of any ordinary electronic guide listings which Franchisee prepares for the display of local programming, provided that information concerning access channel programming is provided to or becomes know to Franchisee within the time that other programmers are required to provide such information for inclusion in the electronic program guide, which shall be no later than two (2) weeks prior to display. 17.4 Franchisee shall, throughout the term of the Franchise, be responsible for taping the Town's regularly scheduled Town Board meetings. The Town shall be responsible for providing sufficient advanced notice to Franchisee, which shall be at least fourteen (14) days prior to the date of any Town Board meefmg that it wants Franchisee to cover. Franchisee and the Town both acknowledge that the Town Board regularly meets two times per month and therefore Franchisee's responsibility equals no more than twenty-four (24) productions on an annual basis. 17.5 Franchisee may provide these services through its own local programming department's staff and equipment or utilize the services of a third party agent, provided such agent has sufficient capabilities and resources to reasonably meet the Town's production and programming needs. 17.6 Notwithstanding anything to the contrary, Franchisee hereby agrees that any equipment, facilities, or other support provided pursuant to Agreement shall not be deemed a fee or a tax or a credit against any fee or tax collected by any government entity. 17.7 When not in use, the Franchisee may use any access channel provided for herein, consistent with NYSPSC Rules and Regulations §595.4(c)(12), as may be amended. 17.8 Franchisee shall install an upstream transmission line at Town Hall, located at 53095 Main Road, Southold, New York, and maintain adequate capacity on the Cable System for the purpose of carriage of non-commercial programming to Franchisee's subscribers in the Town on the Government Access Channel(s). 17.9 In consideration for the rights granted in this Franchise, Franchisee shall provide, within ninety (90) days following receipt of a written request from the Town, which request may 24 SoutholdRenewal ProposalF1NALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL be made at any time during the term of the Agreement, a one-time capital grant to the Town in the amount of ~welve thousand dollars ($12,000.00). The Town shall use such grant for the purchase of PEG access related production equipment, or for such other cable related purpose as the Town, in its discretion, may deem appropriate. PART IV - FRANCHISEE'S OBLIGATIONS TO THE TOWN 18.0 FRANCHISE FEE 18.1 Franchisee shall, beginning 60 days after the effective date of the Franchise, pay to the Town a Franchise Fee in the amount of three percent (3%) of the Franchisee's Gross Revenues. At any time during the term of this Agreement, upon notice to the Franchisee, the Town may choose to increase the Franchise Fee, up to a maximum of 5% of Franchisee's Gross Revenues. The Town shall not change the Franchise Fee more than once annually. In the event the Town elects to increase the Franchise Fee, it shall provide the Franchisee written notification ninety (90) days prior to the date the Town determines to implement the change. 18.2 In the event that applicable law hereinafter changes to permit a higher percentage franchise fee to be collected, but does not prescribe a mandated amount by law, the Town and Franchisee agree to negotiate, in good faith with respect to an appropriate change, if any, in the applicable percentage of the Franchise Fee. 18.3 Franchisee shall pay the Franchise Fee due to the Town on a quarterly basis. Payment for each quarter shall be made to the Town no later than forty-five (45) calendar days after the end of each calendar quarter. 18.4 Franchisee shall file with the Town, within sixty (60) days after the expiration of each calendar year or portion thereof during which this Franchise is in force, a financial statement setting forth the computation of Gross Revenues used to calculate the Franchise fee for the preceding 3rear or portion thereof and a detailed explanation of the method of comptRation. A duly authorized representative of the Franchisee who is qualified to provide such information shall certify the statement. The Franchisee will bear the cost of the preparation of such financial statements. 18.5 Any acceptance by the Town of any Franchise fee payments shall not be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the Town may have for additional sums payable. 18.6 The Franchise fee payment is not a payment in lieu of any other tax, fee or 25 SoutholdRenewal ProposalFINALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL assessment; provided, however, nothing herein shall be construed as a waiver of Franchisee's rights under Section 626 of the New York State Real Property Tax Law. 18.7 The Town, or its representative, may from time to fnne but not more than once in any twelve (12) month period, and upon reasonable notice, inspect, copy (unless proprietary or confidential information), and audit any and all books and records of the Franchisee relevant to the determination of Gross Revenues and the computation of Franchise fees due, and may re-compute any amounts determined to be payable under the Franchise. The cost of the audit will be borne by 'the Franchisee if, as a resuk of the audit, the Town determines that the Franchisee has underpaid 'the Franchise Fees owed in an amount equal to or exceeding five percent (5%) of the Franchise fees actually paid. The Franchisee shall make all books and records necessary to satisfactorily perform the; audit readily available to the auditors in Nassau or Suffolk County for inspection. 18.8 In the event that a Franchise Fee payment is not received by the Town on or before 'the due date set forth in subsections 18.2 above, or underpaid, the Franchisee will be charged interest from the due date at an interest rate equal to nine (9) percent per annum calculated from 'the date each portion of the payment was originally due until the date Franchisee remits the 'underpayment to the Town. Any interest paid by Franchisee is intended to be a charge incidental · to the enforcing of a Franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. § 542(g)(2)(D), and may not be deducted from the Franchise Fee imposed by this Franchise Agreement or any payments due to New York State. 18.9 When the Franchise terminates for whatever reason, the Franchisee shall file with the Town within ninety (90) calendar days of the date it ceases operations in the Town, a financial statement, audited by an independent certified public accountant or certified by the Franchisee's chief or olLher duly authorized financial officer, showing the Gross Revenue received by the Franchisee since the end of the previous fiscal year. Adjustments will be made at that time for Franchise rises due to the date that the Franchisee's operations ceased. 19.0 INDEMNITY AND INSURANCE 19.1 Franchisee shall purchase and maintain the following levels of general liability insurance during the term of this Agreement that will protect Franchisee and the Town from any claims against either or both which may arise directly or indirectly as a result of Franchisee's performance hereunder: a) Personal injury or death: $500,000 per person b) Property damage: 26 SoutholdRenewal ProposalFINALdoc.doc $500,000 per occurrence $500,000 per occurrence TOH/N OF SOUTHOLD FRANCHISE RENEWAL c) Excess liability or umbrella coverage: $1,000,000. 19.2 Franchisee shall indemnify and hold harmless the Town, its officers, employees, and agents from and against all losses and claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description, result'mg from bodily injury, property damage or personal injury, brought or recovered, by any act or omission of Franchisee, its agents, employees, contractors and subcontractors in the construction, operation, maintenance, service or repair of the Cable System or any portion thereof, or of any failure to comply with any law, ordinance, or regulation, or by reason of any suit or claim for royalties, license fees, or infringement of patent rights arising from Franchisee's performance under this Agreement. Notwithstanding any provision contained herein, Franchisee shall have no obligation to indemnify or defend the Town with respect to any programming provided by the Town or from the Town's negligence. 19.3 Each insurance policy shall bear the name of the Town as an additional insured. 19.4 All of Franchisee's insurance policies and certificates of insurance shall stipulate that the coverage afforded under the policies will not be canceled until at least thirty (30) days prior written notice has been given to the Town. If any policy is canceled, it shall be replaced forthwith with insurance that meets the requirements of this Agreement so that there is no lapse in coverage. 19.5 No later than thirty (30) days after the effective date of this Agreement, Franchisee shall furnish to the Town certificates of insurance in conformity with the requirements of this Franchise. 19.6 Franchisee shall obtain all insurance required pursuant to this Agreement from companies authorized to do business within the State of New York and approved by the Superintendent of Insurance, which Franchisee shall maintain a rating of at least Best's A+. The Town may, at any time, after reasonable notice, review Franchisee's compliance with the insurance requirements in this Section 19 of the Franchise. Should the certificates of insurance provided by Franchisee hereunder differ from accepted insurance industry forms, the Town shall have the right to reasonably review and approve such certificates. 20.0 RATE AND CHARGES 20.1 Rates and charges imposed by Franchisee for cable television service shall be subject to the approval of the Town, the NYSPSC, and the FCC to the extent consistent with applicable federal, State and local law. The Town hereby expressly retains all rights and authority to regulate rates for cable television service to the extent permitted by federal and State law, rules 27 SoutholdRenewal ProposalFINALdoc.doc TOWN OF $OUTHOLD FRANCHISE RENEWAL and regulations. 20.2 Franchisee shall comply with all notice requirements contained in federal, State and local law, vales, and regulations pertaining to rates and charges for cable television service. 20.3 The Franchisee, in establishing ks residential rates, shall offer a discount of 15 % for eligible senior citizens that will be applied to the expanded basic or equivalent level of services. Residential households where the head of the household is 62 years of age or older and, either: (i) owns property and currently receives real property tax exemptions pursuant to section 467 of the New York State Real Property Tax Law; (ii) receives housing subsides pursuant to Section 8 publicly subsidized housing, or (iii) receives housing subsides pursuant to Section 8, are eligible for 'this senior citizens discount. Such households must provide the Franchisee with proof of eligibility upon request of the Franchisee. The Franchisee shall also offer to eligible senior citizens a discount of' 15 % on a standard new installation and standard re-connection. 21.0 EMPLOYMENT PRACTICES 21.1[ Franchisee will not refuse to hire, nor will it bar or discharge from employment, nor discriminate against any Person in compensation or in terms, conditions, or privileges of employment because of age, race, creed, color, national origin, or sex. 22.0 TOWN'S RIGHT TO INQUIRE ABOUT AND INSPECT SYSTEM 22.1 The Town, at any time, may make reasonable inquiries related to its regulatory and overseeing responsibilities concerning the operation and maintenance of the Cable System. Franchisee shall respond to such inquiries in a timely fashion. 22.2 When Subscriber complaints cause the Town to question the reliability or technical quality of the Cable System, the Town shall have the right and authority to test or require Franchisee to test, analyze, and report on the performance of the System. Franchisee shall cooperate fully with the Town in performing such testing. Franchisee shall be solely responsible for all costs associated with such testing. In the event of repeated complaints about the same aspect of System performance, and testing requested by the Town and conducted by Franchisee fails to identify and correct the cause, the Town may require that such testing be performed or supervised by a Town designee or such other Person who is not an employee or agent of Franchisee. Franchisee shall reimburse the Town for the cost of such designee. 28 SoutholdRenewal ProposalFINALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL b) The Town may request that the NYSPSC test the System at any time and Franchisee will cooperate fully in the performance of such tests. 22.3 The Town shall have the right to supervise and inspect all construction work subject to the provisions of this Agreement and to make such tests as it shall find necessary to ensure compliance with the terms of this Agreement and other pertinent provisions of federal, State, local and applicable codes and laws. 22.4 At all reasonable times and for the purpose of enforcement of this Agreement, Franchisee shall permit examination by any duly authorized representative of the Town, of all System facilities, together with any appurtenant property of Franchisee situated within the Town and outside of the Town if such property is utilized in the operation of the System serving the Town. 23.0 TO'WN'S RIGHT TO iNSPECT FRANCHISEE'S BOOKS AND RECORDS 23.1 The Town reserves the right and Franchisee hereby agrees that the Town may inspect all books, records, maps, plans, financial statements and other like material of the Franchisee in connection with operation of the System in the Town, upon reasonable notice and during Normal Bus'mess Hours, subject to the provisions of Section 25.4. 23.2 If any of such information is not kept in the Town, or upon notice Franchisee is unable to provide the records in the Town, and if the Town shall determine that an examination of such maps or records is necessary or appropriate to the performance of the Town's responsibilities under this Agreement, then all reasonable travel costs and expenses incurred in making such examination shall be paid by the Franchisee. 24.0 RE]PORTS TO BE FILED BY FRANCHISEE WITH THE TOWN 24.1 Upon request, Franchisee shall make available to the Town a copy of any technical, operational, or financial report or any filings, or registrations Franchisee submits to the NYSPSC, the FCC, or other governmental entities that concern Franchisee's operation of the System in the Town, subject to the provision of Section 25.4. 24.2 In the event that Franchisee shall demonstrate a repeated or persistent problem in providing prompt and satisfactory responses to Subscriber complaints, Franchisee shall, upon request, provide a summary of Subscriber or resident complaints, identifying the number and nature of complaints and their disposition. Where complaints involve recurrent System problems, the nature of each problem and the corrective measures taken shall be identified. Such report shall not include any personally identifiable subscriber information and shall be provided only to the 29 SoutholdRenewal ProposalFiNALdoc.doc TOI:FN OF SOUTHOLD ~CHISE RENEWAl, extent consistent with the subscriber privacy provisions under federal and State law. Where such request to provide the report as required under this section is made, Franchisee may be relieved of the obligation in the future, based upon an affirmative showing that it is once again in compliance with the requirements under federal and State law and this Franchise. Upon request, the Franchise shall also provide the Town a copy of any and ail information required for submission by Section 590.64 and Section 590.70 of the New York Public Service Law. 24.3 Franchisee shall, upon request, provide any specific pleadings, petitions, applications, reports and publicly filed documents (collectively referred to as "filing,") submitted by ,or on behalf of the Franchisee or an Affiliate to the FCC or any county, State or federal agency, court, regulatory agency or Town Board, which filing may directly impact the Franchisee's .operations within the Town or that may directly impact the Town's rights or obligations under this Franchise Agreement, and any and all responses, if any to the above mentioned filings. 24.4 In the event Franchisee makes a filing seeking bankruptcy protection or a filing has been made to place Franchise in bankruptcy protection, Franchise shall make available such documents related thereto. 24.5 Upon request of the Town, Franchisee shall furnish to the Town such additional information and records with respect to the operation, transactions or property of the System and · the service provided to the Town under this Agreement, as may be directly related to the performance of any of the rights, functions, obligations or duties of the Town or the Franchisee in connection with this Agreement. 25.0 MA2qDATORY RECORD KEEPING 25.1 Franchisee shall comply with all record keeping requirements established by federal, State and local law, rules, and regulation. 25.2 The Franchisee shall maintain, in GIS format, a full and complete set of plans, records, and "as built" maps showing the exact location of all cable installed or in use in the Town. Such maps shall be available for inspection purposes to the Town. 25.3 Al/records, logs, and maps maintained pursuant to this Agreement shall be made available to the Town or its designee during the Franchisee's regular business hours upon reasonable request, subject to the provisions of Section 25.4. 25.4 If any of the records described in this Franchise are proprietary in nature and must be kept corrfidenfial under federal, State or local law, upon written request by the Franchisee, such information shall be treated as confidential, to the extent consistent with the applicable law, such records shall be made available for inspection purposes only to those Persons within the Town who 30 SoutholdRenewal ProposalFINALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL must have access to such information in order to perform their duties on behalf of the Town. 26.0 TOWN EMERGENCIES 26.1 Franchisee shall participate, to the extent required by law, rule or regulation, in national or regional emergency alert systems. To the extent required by law, such facilities shall be made available to the Town on an individual basis or where an emergency effects other communities served on the System on a shared basis with such other communities. PART V- FRANCHISEE'S OBLIGATIONS TO SUBSCRIBERS AND CUSTOMER SERVICE REQUIREMENTS 27.0 CUSTOMER SERVICE OBLIGATIONS 27.1 Franchisee shall comply with all federal, State and local laws and regulations that regulate Franchisee's customer service responsibilities including but not limited to those set forth herein. 27.2 Franchisee shall maintain all parts of its System in good conclition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its customers and facilities. 27.3 Franchisee shall maintain an office and service center which the Subscribers may telephone without incurring added message units or toll charges. This business office shall be at minimum open from 8:30 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday and at least one evening per week. Complaints and requests for repairs or adjustments may be received by telephone twenty-four (24) hours per day, seven (7) days per week including holidays. The office shall be adequately equipped and staffed to enable Subscribers to pay bills and to pick up and return all cable television customer premises equipment during office hours. 27.4 Franchisee shall maintain a publicly listed local, toll-free telephone number and employ a sufficient number of telephone lines, persom~el and answering equipment or service to allow reasonable access by Subscribers and members of the public to contact the Franchisee on a full-rune basis, twenty-four (24) hours per day, seven (7) days per week including holidays. Knowledgeable, qualified Franchisee representatives will be available to respond to customer telephone inquiries, Monday through Friday from 8:30 a.m. to 8:00 p.m.; and on Saturday from 8:30 a.m. to 5:00 p.m. With respect to those calls received during the hours which Franchisee is not required to provide qualified Franchisee representatives under this subsection, an answering machine or service capable of receiving and recording service complaints shall be employed. Franchisee shall comply with the telephone answer time standards set forth in Subsection (d) 31 SoutholdRenewal ProposalFINALdoc.doc TOI~'N OF $OUTttOLD FRANCHISE RENEWAL 27.5 Franchisee shall answer all customer service and repair telephone calls made under normal operating conditions within thirty (30) seconds, including wait time and within and additional thirty (30) seconds to transfer call. Customers shall receive a busy signal less than three (3) percent of the time. These standards shall be met no less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis in accordance with the standards established by the FCC and NYSPSC, includ'mg, but not limited to, 47 C.F.R. §76.309(c)(1)(ii) and (iv), and §590.90 as it may be amended. 27.6 Franchisee shall employ and maintain sufficient qualified personnel and equipment to be available (i) to accept payments; (ii) to exchange or accept converters or other equipment; (iii) to initiate service installations, undertake normal repairs, and initiate action with respect to subscriber service complaints on Monday through Friday, from 8:30 a.m. to 6:00 p.m., and on Saturday fi'om 9:00 a.m. to 5:00 p.m.; and (iv) to enable a service technician to respond to any service call received between 9:00 a.m. to 7:00 p.m., Monday thro~lgh Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays, by the end of the next day, seven (7) days a 3veek including holidays. 27.7 As provided in 47 C.F.R. §761309 of the FCC Regulations, and §590.91 of the NYSPSC Rules and Regulations, or as such sections may be amended, Franchisee must meet each of the following standards no less than ninety-five (95%) percent of the time under Normal Operating Conditions as measured on a quarterly basis: Standard installation work shall be performed within seven (7) business days after an order has been placed except in those instances where a Subscriber specifically requests an installation date beyond the seven (7) business day period. "Standard" installations are up to two hundred (200) feet from the existing distribution system. If scheduled installation is neither started nor completed as scheduled, the subscriber will be telephoned by an employee of the Franchisee the same day. Evening personnel shall also attempt to call Subscribers at their home between the hours of 5:30 a.m. and 8:00 p.m. If the call to the Subscriber is not answered, an employee of the Franchisee shall telephone the Subscriber the next day; (b) Excluding conditions beyond the control of Franchisee, Franchisee will respond to Service Interruptions promptly and in no event later than twenty- four (24) hours after the interruption becomes known. Other service problems will be responded to promptly and in no event later than forty- eight (48) hours after the problem becomes known; (c) The appointment window alternatives made available for installations, 32 SoutholdRenewal ProposalFINALdoc.doc TOWN OF 80UTHOLD FRANCHISE RENEWAL service calls, and other installation activities will be either a specific time, a four (4) hour time block during Normal Business Hours, or at the election and discretion of the Subscriber, "all day"; (d) Franchisee may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment; and (e) If at any time an installer or technician is running more than thirty (30) minutes late for a scheduled appointment, an attempt to contact the customer will be made and the appointment rescheduled as necessary at a time which is convenient for the customer. 27.8 In accordance with §590.91, as it may be amended, Subscribers who have experienced a missed installation or service appointment due to the fault of Franchisee shall receive installation free of charge. 27.9 Disconnection. (a) Voluntary Disconnection. 1. A Subscriber may terminate service at any time. A Franchisee shall promptly disconnect any Subscriber who so requests from the Franchisee's Cable System. No period of notice prior to voluntary termination of service may be required of Subscribers by Franchisee. Franchisee shall comply with any federal or State law with respect to fees charged for voluntary disconnection of service, and shall not charge Subscribers for any cable television services delivered after disconnection. ¸3. A Subscriber may be asked, but not required, to disconnect the Franchisee's equipment and return it to the business office. Any security deposit and/or other funds due the Subscribers shall be refunded on disconnected accounts after the converter has been recovered by the Franchisee. Refund checks shall be issued in accordance with 590.64(g) of the NYSPSC Rules and Regulations, as it may be amended. (b) Involuntary Disconnection. 33 SoutholdRenewal ProposalFINALdoc.doc TOVVN OF SOUTHOLD FRANCHISE RENEP/AZ If a Subscriber fails to pay a monthly subscriber or other fee or charge, the Franchisee may disconnect the Subscriber's service outlet; however, such disconnection shall not be effected until forty- five (45) days after the due date of the monthly Subscriber fee or other charge, and eight (8) days advance written notice of intent to disconnect to the subscriber in question. If the Subscriber pays within forty-five (45) days of the due date and after notice of disconnection has been given, the Franchisee shall not disconnect. After disconnection, upon payment by the Subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the Franchisee shall promptly reinstate service. (c) Nothing herein shall be construed to prevent the Franchisee from removing its property from a Subscriber's premises upon the termination of service consistent with applicable law. At the Subscriber's request, Franchisee shall remove all of its facilities and equipment from the Subscriber's premises within seven (7) calendar days of the Subscriber's request. Where removal is impractical, such as with buried cable or internal wiring, facilities and equipment may be disconnected and abandoned rather than removed, unless there is a written agreement stating otherwise, provided, however, that such agreement must be consistent with applicable law and FCC rules. 27.10 Franchisee shall intentionally interrupt service only for good cause and for the shortest time possible. Franchisee shall use its reasonable efforts to insure that such interruptions shall occur only during periods of minimal use of the System, preferably between the hours of ![2:00 a.m. to 6:00 a.m. Franchisee shall maintain a written log for all intentional Service Interruptions. , 27.11 Franchisee shall notify the Town Supervisor or such other Person as designated by the Town Supervisor, during normal business hours (Monday through Friday, 8:00 AM to 4:00 PM) of any Area Outage that lasts for a time period greater than four (4) hours. 27.12 Franchisee shall develop written procedures for the investigation and resolution of all Subscribers or Town resident complaints, including, but not limited to, those regarding the quality of service and equipment malfunction, which procedures, upon request, shall be provided to l~he Town Supervisor. A Subscriber or Town resident who has not been satisfied by following the Franchisee's procedures may file a written complaint with the Town Supervisor, who will investigate the matter and, in consultation with the Franchisee as appropriate, attempt to resolve the mater. A Franchisee's good faith or lack thereof in attempting to resolve Subscriber and resident complaint in a fair and equitable manner will be considered in connection with the Franchisee's renewal application. Franchisee shall maintain a complete list of all complaints not 34 SoutholdRenewal ProposalF1NALdoc.doc TOWN OF $OUTHOLD FRANCHISE RENEWAL resolved within seven (7) days of receipt and the measures taken to resolve them. Franchisee shall also maintain a list of all complaints received with respect to the Town, which list will be available to the Town Supervisor, upon request. 27.13 Franchisee shall permit the Town Supervisor or a designee to inspect and test the System's technical equipment and facilities upon reasonable notice. Any notice of not less than twenty-four (24) hours shall be considered reasonable. 2T i,4 (a) Franchisee shall abide by the following requirements governing communication in each of the following areas at the time of installation, at least once annually, and at any future time upon request by the Subscriber: 1. How to use the Cable Service; 2. Installation and service maintenance policies; 3. The products and services offered; Prices and service options; including the available senior citizen discounts; 5. Channel positions of programming carried on the system; The Franchisee's procedures for the receipt and resolution of customer complaints, the Franchisee's address and telephone number to which complaints may be reported, and the hours of operation; The telephone number and address of the office designated to handle cable television complaints and inquiries in the State; 8. The availability of a "parental control" device; and The Franchise's information collection and disclosure policies for the protection of a Subscriber' s privacy. (b) In addition, Franchisee shall provide written notice in its monthly billing or in the official newspaper of the Town (minimum one-half page advertisement), or such other notice as approved by the Town Supervisor, at the request of the Town Supervisor, of any Town meeting regarding request or applications by the Franchisee for renewal, transfer or substantial modification of this Franchise. Said notices shall be made at Franchisee's 35 S outholdRenewal ProposalFINALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL expense and said expense shall not be considered part of the Franchise Fee imposed pursuant to the Agreement and shall not be regarded as a Franchise Fee, as the term is defined in Section 622 of the Communications Act, 47 U.S.C. Section 542 or as a credit against any fee or tax payable to New York State. ¢) (d) Franchisee's bill will be clear, concise and understandable. Refund checks will be issued promptly, but no later than the earlier of thirty (30) days or the customer's next billing cycle following the resolution of a refund request, or the return of the equipment supplied by the Franchisee if service is terminated, or as otherwise provided for under applicable federal or State law or regulations. (e) Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted, or as otherwise provided for under applicable federal or State law or regulations. Franchisee shall provide Subscribers, and the Town Supervisor with notice of any changes in rates, programming services, or Channel lineup, offered over the Cable System in accordance with 47 C.F.R. §76.309 and NYSPSC Rules and Regulations §590.80, as it may be amended. 27.15 Credit for service outage shall be provided in accordance with NYSPSC Rules and Regulations §590.65, as it may be amended. 27.16 Billing: Franchisee's first billing statement after a new installation or service change shall be pro-rated as appropriate and shall reflect any security deposit. (b) In accordance with 47 C.F.R. §76.309(c)(3)(ii)(A), as it may be amended, Franchisee's billing statement must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (c) Franchisee's billing statement must show specific payment due date not earlier than fifteen (15) days after the date the statement is mailed. Any balance not received by the due date may be assessed a late charge consistent with applicable law. The late charge will appear on the following 36 SoutholdRenewal ProposalF1NALdoc.doc TO~ OF SOUTttOLD FRANCHISE RENEWAL month's billing statement. (d) Subscribers shall not be charged a late fee or otherwise penalized for any failure by the Franchisee, ks employees, or contractors, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made. Franchisee must notify the Subscriber that he or she can remit payment in Person at the Franchisee's local area business office or payment center within twenty five (25) miles of Town, and inform the Subscriber of the address of that office. 27.17 Alteration of Service (a) Franchisee shall comply with Article 11 §224(a) of the New York Public Service Law and applicable federal and State roles and regulations, as may be amended, pertaining to program or network changes and re-tiering of cable television services. (b) Franchisee shall comply with §595.3 of the NYSPSC Rules and Regulations pertaining to negative option promotional practices. 27.18 Franchisee shall ensure that the Subscriber's premises are restored to their pre- existing cortdition if damage by Franchisee's employees or agents in any respect in connection with the installation, repair, or disconnection of cable service. The Franchisee shall be liable for any breach of provisions of this Agreement by its contractors, subcontractors or agents. 27.19 To the extent cable modem or Internet access service is considered a Cable Service, the Town hereby reserves the right to implement and enforce customer service standards with respect to any cable modem or Internet access service provided by Franchisee pursuant to this Franchise. 27.20 The Town shall have the fight to promulgate new, revised or additional consumer !protection standards, and penalties for Franchisee's failure to comply therewith, consistent with applicable federal and State law. :28.0 EMPLOYEE iDENTIFICATION/TRAINING 28.1 Each employee of Franchisee entering upon private property, including employees of contractors and subcontractors employed by Franchisee, shall provide picture identification that clearly iden[tifies the Person as a representative of Franchisee. 37 SoutholdRenewal ProposalFINALdoc.doc TOWN OF SOUTHO£D FRANCIdlSE RENEWAL 28.2 Franchisee shall provide proper training for employees and shall institute policies and procedures that foster courteous and professional conduct. 29.0 PERFORMANCE BOND/VIOLATIONS 29.1 No later than thirty (30) days after the effefflve date of this Franchise, the Franchisee shall establish and maintain, at ks sole cost and expense, a performance bond in the amount of Fift:y Thousand Dollars ($50,000.00) (the "Performance Bond"). Such Performance Bond shall be use to ensure the faithful performance by the Franchisee of the provisions of this Franchise, including compliance with all orders, permits and directions of any agency of the Town having jurisdiction over its acts and defauks under this Franchise and the payment by the Franchisee of any claims, liens or taxes due to the Town which arise by reason of the construction, operation, maintenance or repair of the Cable System. Failure to timely establish the Performance Bond shall constitute a material violation of this Franchise. 29.2 If the Franchisee fails to make timely payment to the Town or its designee of any amount due as a result of this Franchise; or fails to make timely payment to the Town of any penalty due: under this Franchise; or fails to repay the Town within ten (10) days of written notification that such repayment is due, any damages, costs or expenses which the Town shall be compelled 1Lo pay by reason of any act or default of the Franchisee in connection with this Franchise; or fails after thirty (30) days notice of such failure from the Town to comply with any provision of this Franchise, the Town, in accordance with the provisions of this Section, may withdraw the amount thereof, with interest and any penalties, from the Performance Bond, and utilize the same for any of the aforesaid purposes, subject to the terms of this Agreement. 29.3 Except as provided elsewhere, the Franchise shall pay the full amount of any penalty to the Town within ten (10) days after the receipt of a notice of the adoption of a resolution by the Town assessing penalties against the Franchise. Upon failure of the Franchise to make timely payments of an assessed penalty, the Town may withdraw the amount of such penalty from the Performance Bond. At least ten (10) days before the withdrawal from the Performance Bond, the Town or its designees shall mail written notification of the amount, date and purpose of such withdrawal to the Franchisee. 29.4 If at the time of a withdrawal from the Performance Bond by the Town, the amount of the Performance Bond is insufficient to provide the total payment toward which the withdrawal is directed, the balance of such payment shall cont'mue as an obligation of the Franchisee to the Town, until paid; Franchisee hereby agrees to remit such payments to the Town within thirty (30) ,days of receipt of notice from the Town provided there is no good faith dispute between the Franchisee and the Town. Failure to do so shall be a material violation of this Franchise. SoutholdRenewal ProposalFINALdoc.doc 38 TOWN OF SOUTHOLD FRANCHISE RENEW'AL 29.5 Within thirty (30) days after receipt of notice from the Town that any amount has been withdrawn from the Performance Bond, Franchisee shall place an equivalent amount in an escrow account in the Franchisee's name until such time as the dispute is resolved. If it is determined 'that said withdrawal by the Town was warranted, then Franchisee shall restore the Performance; Bond to the original amount from the aforementioned escrow account but keep all interest earned. 29.6 Upon termination of this Franchise under conditions other than those stipulating forfeiture of the Performance Bond, the Franchisee's obligation to maintain said Performance Bond shall cease within six (6) months of such termination, provided that there is then no outstanding default on the part of the Franchisee. 29.7 The fights of the Town with respect to any other Section hereof are in addition to all other rights of the Town whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a fight with respect to such articles shall effect any other rights the Town rnay have. 29.8 The Town may, to the extent permitted by the law, designate a municipal agency, or agency designated by the Town in conjunction with similar designation from other municipalities, to perform the functions and powers designated in this Franchise belonging to the Town, except that any award or denial of a Franchise, revocation, termination or final notice of default and/or assessment of a penalty shall require vote of the Town Board. 29.9 Notwithstanding anything herein to the contrary, no assessment of penalties under this Section shall be effective unless and until the Town has first provided thirty (30) day written notice to the Franchisee of default, by certified mail, and the Franchisee has an opportunity to cure the alleged violation or, in the event that by nature of the default such default cannot be cured within such thirty (30) day period, the Franchisee takes reasonable steps to cure said default and diligently continues such efforts until said default is cured. If the Franchisee fails to respond to such notice of default and cure the default, or take reasonable steps to cure the defauk within the required thirty (30) day period, the Town shall promptly schedule a public hearing no sooner than fourteen (14) days after the written notice, by certified mail, to the Franchisee. The Franchisee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. In the event that the Town, after such hearings, determines that the Franchisee is in defauk, the Town may, after the adoption of a resolution, assess a penalty against the Franchisee. 29. ~ 0 In addition to any other remedy available to the Town for the violations enumerated below, the following liquidated damages shall apply and liability therefore shall accrue beginning at the end of the thirty- (30) day cure period afforded to the Franchisee, and continue for each day or part thereof such violation continues or at the completion of such additional time as the Town may grant to the Franchisee to cure such violation pursuant to the Franchisee's cure plan. In assessing 39 SoutholdRenewal ProposalFINALdoc.doc TOWN OF SOUTHOLD FRANCHISE RENEWAL the amount of the penalties against the Franchisee for violation of this Agreement, the Town shall be governed by the schedule set out below: (a) (b) ¢) (d) Material failure to operate and maintain the system pursuant to Sections 12.0 and 14.0 at $150/day or part thereof until paid. Material failure to provide service pursuant to Sections 15.0 and 16.0 at $150/day or part thereof until paid. Failure to provide access channels, facilities equipment and support pursuant to Section 17.0 at $150/day or part thereof until paid. Failure to maintain insurance pursuant to Section 19.0 at $250/day or part thereof until filed. Failure to allow the Town to inspect system pursuant to Section 22.0 at $100/day or part thereof until paid. (g) Failure to allow the Town to inspect books and records pursuant to Section 23.0 at $100/day or part thereof until paid. Failure to provide customer service pursuant to Section 27.0 at $100/day or part thereof until paid. In instances where customer service standards are measured on a quarterly basis, such measuring periods shall be for the periods January 1 through March 31, April 1 through June 30, July I through September 30, and October 1 through December 31, and penalties shall be $2000 per quarter of non-compliance measured as follows: (i) Where the Town provides notice to Franchisee within the initial forty-five (45) days of the quarter, Franchisee shall have the remainder of such quarter to come into compliance, and penalties, if any, shall accrue beginning at the end of such quarter of non-compliance; or (ii) Where the Town provides notice at any point after the initial forty-five (45) days of the quarter (but before the start of the next quarterly period), Franchisee shall have the remainder of such quarter and the entire following quarter to come into compliance, and penalties, if any, shall not accrue until the end of the first full quarter ofn.on-compliance. 40 S outholdRenewal ProposalFINALdoc.doc TOWN OF 80UTHOI~D FRANCHISE RENE W'A L Failure to establish the Performance Bond with the Town within the specified thirty (30) days pursuant to Section 29.0 at $100/day or part thereof until paid. Failure to restore an amount withdrawn from the Performance Bond within the specified thirty (30) days pursuant to Section 29.0 at $100/day or part thereof until paid. G) Failure to comply with Periodic Performance Evaluation Session/Reports pursuant to Section 30.0 at $100/day or part thereof until paid. 29.11 Except as provided elsewhere, the Franchisee shall pay the full amount of any penalty to 'the Town within ten (10) days after the receipt of a notice of the adoption of a resolution by the Town assessing penalties against the Franchisee. 29.12 Upon failure of the Franchisee to make timely payments of an assessed penalty, the Town may withdraw the amount of such penalty from the Performance Bond. 29.13 In the event that the Town elects to terminate this Franchise for cause as a consequence of any act, or pattern of acts by the Franchise for which withdrawals may be made from the Performance Bond then, as of the date upon which the Town adopts a resolution to terminate this Franchise, the Town may no longer make any such withdrawals as a consequence of said act or pattern of acts. Where that specific act or specific pattern of acts is the subject of any legal challenge by the Franchisee, whether in an administrative proceeding or a lawsuit, the Town may not make any further withdrawals based upon said alleged act or pattern of acts until Franchisee shall have an exhausted all available legal or equitable remedies, including all rights to appellate court review of any prior proceedings or until Franchisee's time to oppose or appeal any decision affecting these allegations shall have expired. If the Franchisee successfully challenges in court the propriety of said recourse and/or termination, then as of the date upon which said recourse and/or termination is declared invalid or otherwise vacated, the Town may again commence making withdrawals from the Performance Bond as a consequence of the aforementioned act or pattern of acts, unless it is determined by the court in connection with said challenge that the previous withdrawals were improper. 29.14 Amounts received by the Town as penalties assessed against the Franchisee, whether directly paid by the Franchisee to the Town or withdrawn from the Performance Bond by the Town, may (but shall not be required to) following reasonable notice to the Franchisee, be used by the Town for any purpose it deems fit. 41 SoutholdRenewal ProposalFINALdoc.doc TOWN OF $OUTItOLD FRANCHISE RENEWAL 29.15 In addition to the foregoing liquidated damages, upon the refusal, neglect, or failure of the Franchisee to cause any work or other act required by law or by this Franchise to be properly completed in, on, over or under any Street within any time prescribes, the Town may (but shall not be required to), cause such work or other act to performed or completed in whole or in part, and upon so doing shall submit to the Franchisee an itemized statements of the costs thereofi The Franchisee shall, within thirty (30) days after receipt of such statements, pay to the Town the entire amou~at thereof; provided such amount is reasonable and constitutes the customary amount for such charge. 30.0 PERIODIC PERFORMANCE EVALUATION SESSIONS/REPORTS 30.1 Upon sixty (60) day notification by the Town, Franchisee shall be prepared to participate in a meeting or series of meetings evaluating the performance of Franchisee under this Agreement. The timing of such performance evaluation sessions shall be solely in the discretion of the Town; however, each such session shall not be initiated sooner than one year after the close of a previously' conducted performance evaluation session. All performance evaluation meetings shall be open to the public. 30.2 Topics which may be discussed at any performance evaluation session may include, but not limited to, System performance, compliance with this Agreement and applicable law, customer service and complaint response, services provided, rates, fees described in this Agreement, free services, applications of new technologies, services and technologies offered in other con~munities, compliance with reporting requirement herein, public, education and government support, and judicial, federal or State filings related to the operation of the Cable System in 'the Town. Not less than forty-five (45) days prior to such performance evaluation session, the Town shall furnish to Franchisee a list of the issues that it seeks to consider at such meeting. 30.2; During review and evaluation, Franchisee shall fully cooperate with the Town and shall provide such information, and documents, as the Town may reasonably request to perform its review. Within sixty (60) days after a written request for additional information relevant to the performance evaluation session and the operation of the Cable System in the Town, Franchisee shall provide such information to the Town in order for it to complete its review. 30.4 Each performance evaluation session shall be deemed to have been completed as of 'the date the Town issues a final report on its findings. Such report shall be completed within one hundred and twenty (120) days following completion of the hearing and receipt of all information requested pursuant to Section 30.3. PART VI - GUARANTEE OF FRANCHISEE'S PERFORMANCE SoutholdKenewal ProposalFINALdoc.doc 42 TOWN OF SOUTHOLD FRANCHISE RENEWAL 31.0 EFFECT OF TOWN'S FAILURE TO ENFORCE FRANCHISE PROVISIONS 31.1 Franchisee shall comply with any and all provisions of this Agreement and applicable local, State and federal law and regulation. Once the breach of a provision or provisions is identified by the Town and Franchisee is finally adjudged to have breached a provision or provisions as provided in this Agreement, the revocation provisions of this Agreement shall pertain as applicable. 31.2 Except as otherwise provided in this Franchise, any claims arising out of any actual breach of this Agreement shall be effective from the date such breach is found to have commenced. Franchisee's responsibility to cure any such breach shall not be diminished by the failure of the Town to en~?orce any provision of this Agreement. 32.0 REI~/EWAL OF FRANCHISE 32.1 Renewal of the Franchise granted herein shall be conducted in a manner consistent with Section 626 of the Communications Act, 47 U.S.C. 546. 32.2. Upon completion of the review and evaluation process set forth in Section 626(a)(1)&,(2) of the Communications Act, 47 U.S,C. 546, should that process be invoked, the Town shall notify the Franchisee that it may file a renewal application. The notice shall specify the information to be included in the renewal application and the deadline for filing the application, which shall be no earlier than twenty-one (21) calendar days following the date of the notice. 32.3 If renewal of the Franchise is denied and the Town acquires ownership of the Cable System or effects a Transfer of ownership of the Cable System to another Person, any such acquisition or Transfer shall be at Fair Market Value determined on the basis of the Cable System 'valued as a going concern but with no value allocated to the Franchise itself and consistent with Section 627(a) (1) and (2) of the Communications Act, 47 U.S.C. 547. 32.,1- If renewal of a Franchise is lawfully denied and the Town does not purchase the .Cable System or approve or affect a transfer of the Cable System to another Person, the Town may require the former Franchisee to remove its facilities and equipment at the former Franchisee's expense. If the former Franchisee fails to do so within a reasonable period oft'nne, the Town may have the removal done at the former Franchisee's expense or with&aw all cost from the Performance Bond. 33.0 NOTICE SoutholdRenewal ProposalFINALdoc.doc 43 TOWN OF $OUTttOLD FRANCHISE RENEW'AL 33.1 All notices required to be given under this Franchise shall be in writing and mailed via certified letter, return receipt requested, or hand delivered to the parties as follows (or such future locations as may be designated by either party to receive service): Town of Southold Town Hall 53095 Main Road Southold, New York CSC Acquisition - NY, iNC. 1111 Stewart Avenue Bethpage, NY 11714 34.0 EQUITABLE TERMS 34.1 In the event that the Town grants one (1) or more cable franchises(s), or similar authorization(s), for the construction, operation and maintenance of any Cable System or commurdcation facility which shall offer Cable Services, it shall not make the grant on materially more favorable or less burdensome terms, and if the Franchise finds that the agreement(s) granting said other t.~ranchise(s) contain provisions imposing materially more favorable or lesser obligations on the frartchisee(s) thereof than are imposed by the provisions of this Agreement, then the Franchisee may petition Town for a modification of this Agreement. The Franchisee shall be entitled, with respect to such modification(s) of this Agreement as may be determined to be reasonably necessary to insure fair and equal treatment as it relates to this Franchise and said other agreement(s). 34.2 In the event that a non-franchised multi-channel video programmer provides service to residents of the community, and the Franchisee believes that as a result of such service it has suffered severe economic harm from such competition because such multi-channel video programmer operates on terms that, on balance, are materially more advantageous to the competitor than the benefits or burdens imposed by this Franchise, the Franchisee shall have a right 1~o request Franchise amendments that relieve the Franchisee of regulatory burdens that create a competitive disadvantage to the Franchisee. In requesting amendments, the Franchisee shall file a petition seeking to amend the Franchise. Such petition shall: 1) specify the identity of any non- franchised competitors, 2) precisely identify the manner in which the non-franchised competitor is impacting the Franchise so as to create severe economic harm, 3) provide financial data showing that Franchisee has been placed in severe economic harm, 4) identify the specific provisions of this Agreement which, if amended, would eliminate the alleged severe economic harm, and, 5) provide the specific modifications to the Franchise sought. It shall be the obligation of Franchisee to ensure the accuracy of all factual information provided in such petition. Upon receipt of a petition, the Town shall provide the Franchisee with an opportunity to be heard. Franchisee must prove the claims set forth in the petition by clear and convincing evidence. 44 SoutholdRenewal ProposalFiNALdoc. doc TOI45V OF $OUTHOLD FRANCHISE RENEWAL 34.3 Franchisee represents and acknowledges that as of the effective date of this Franchise, competition within the Town has not yet risen to the level of creating a significant competitive disadvantage sufficient to enable Franchisee to seek relief under this Section. 35.0 APPROVAL OF THE NYSPC 35.1 The terms of this Agreement, and any subsequent amendments hereto, are subject to applicable federal, State and local law, the Rules and Regulations of the FCC, the NYSPSC, or ks successor agency, and any other applicable regulatory body with appropriate jurisdiction. S outholdRenewal ProposalFINALdoc.doc 45 TOWN OF SOUTHOLD FRANCHISE RENEWAL 1N WlTNESS WHEREOF, the parties hereto have hereunto executed (his Agreement as of the date wrkten below. TOWN OF SOUTHOLD By: Ho~. ~shua Horton, Supervisor CSC ACQUISITION-NY, INC. By: ~__~odie P. Tschirch, Vice President, Public Affairs, NY Suburban S outholdt~.enewal ProposalFINALdoc.doc 46 Exhibit A Schoolls and Libraries: Cutchogue Elementary School West, Depot Lane Cutchogue Elementary School East, Main Road Mattituck Juniod Senior HS, Main Road Oysterponds Elementary School, 23405 Main Road, Orient Our Lady of Mercy, Main Road, Cutchogue Southold Elementary School, Oaklawn Avenue Southold JuniodSenior High School, Oaklawn Avenue Cutchogue Library, 27550 Main Road Southold Public Library, 53705 Main Road Municipal Facilities: Southold Town Hall, Main Road Southold Town Police, Main Road Southold Town Highway Building, Sixth Street and North Road Rte 48 Peconic Senior Youth Center, Peconic Lane Mattituck/Cutchogue Nutrition Center, 750 Pacific Street Mattituck/Cutchogue Adult Day Care, 740 Pacific Street Mattituck Volunteer Firemans Association, Pike Street Cutchogue Fire District, 260 New Suffolk Road East Marion Fire Department, Main Road Orient Fire Department, 3300 Main Road Southold Fire Department, Main Road PUBLIC, EDUCATIONAL, GOVERNMENTAL ACCESS KIT m ON Dear Access User: Here are the answers to some frequently asked questions about Cablevision of Riverhead's Public, Educational, and Governmental Access program: What is Public Access Television all about? It is your opportunity, as a resident of Cablevision's cable franchise area, to produce or cablecast non-commercial programming. What kinds of programs can I produce? Documentaries, interviews, drama, art.., anything that concerns or is of interest to the people in your community. lq[ow do I get a program onto the Public Access Channel? The procedure for this is quite simple: Read the Access Rules and the Policies & Procedures. You must fn:st agree to accept the responsibilities contained in these documents. Then, when you have decided when you would like your program to mn, fill out an Access User Application and sign the Access User Contract. Submit these pieces together with a clean copy of your program for review. If you have further questions please call to make an appointment, and we will be glad to meet with you. How does one go about using Cablevision's Production Facilities to produce my program? In order for a resident of Cablevision's Service Area to use any of the Cablevision's Production Facilities, such resident must first become a "Qualified Access User" by successfully passing a competency exam which measures your understanding of the use of Cablevision's Production Facilities. You may take the exam based upon your prior experience or after the completion of training in a workshop sponsored by Cablevision or another cable operator. For your convenience, Cablevision provides training workshops throughout the year to qualify potential users. How do I enroll in a Cablevision training workshop? Call or write for an Access Training Course Application. Once we receive your completed Application, your name will go on a waking list. Please be prepared to allow up to four to six weeks prior to the commencement of our next training session. The training workshops meet on various days at various tunes. The more flexible your schedule is, the sooner you will be contacted. If you already know someone who is an Access User, it would benefit you to visit our facility with them, so they may help acquaint you with our Procedures and Policies. What if I have a proRram that I would like aired on the Access Channel but I don't live in Cablevision's Service Area? If you would like your Access Program aired on an Access Channel serving Cablevision's Service Area you must fred a franchise area resident, or "sponsor," who lives within Cablevision~s Service Area. This "sponsor" will be responsible for executing and abiding by all of the terms of the Access User Application and Contract. Cablevision shall only deal with the "sponsor" who, for all purposes, shall be considered the Applicant. What else should I know as a Public Access Producer? Your success in producing a show for Public Access is dependent upon your commitment of time and energy towards reaching that goal. Patience and time spent with veteran access users amd producers will pay off in helping you to become proficient with Cabtevision's facilities and e, quipment. Publications and books on TV production are readily available and are recommended reading for anyone wishing to become a successful Public Access User. Please feel free to make an appointment to meet with us if you have any questions. Additionally, you may call or write for more information or an Access Training Course Application to: Cablevision of Riverhead 254 Old Country Road Riverhead, New York 11901 Attention: Public Access Department (631) 996-6040 CABLEVISION PUBLIC~ EDUCATIONAL AND GOVERNMENTAL ACCESS INFORMATION KIT DIRECTORY Kit Section Page Number(s) Letter with information about access, including: · Most frequently-asked questions about access .................. 1 · Introduction to Rules, Policies, and Procedures ................. 1-2 · Address and phone number for more information...~ ...........2 Directory ............................................................................... Cablevision's Public, Educational and Governmental Access Rules: · Purpose of the Rules ..................................................... 5 · Definitions .................................................................. 5-6 · Rules Governing Access Channel .................................... 6-8 · Rules Governing Use of Cablevision's Access Facilities ......8-10 · Explanation of the Access Use Application and Contract ......10-11 · Public Inspection .................................................... 11-12 · Access User Liability ............................................... 12 · Violation o£Rules ................................................... 12 · Questions ............................................................ 12 · Service Area ......................................................... 13 · Access User Application ........................................... 14 · Access User Contract ................................................ 15-17 · Access User Application and Contract Renewal ................. 18 Cablevision's Program and Facilities Policies and Procedures: · Applying for Access .................................................... 20 · Policies for Access Channel Use ...................................... 21-23 · Reserving Public Access Channel Time .............................. 23-24 · Technical Specifications for Airing Tapes ........................... 24 · Reserving Cablevision Production Facilities ..................... 25 · Studio Policies ......................................................... 26-27 · Editing Facilities ....................................................... 27 · Electronic News Gathering Production Packages ..................27-28 · Training Workshop .................................................... 28 · Volunteers ............................................................... 28 · Policy Enforcement ..................................................... 28-29 · PEG Access Privilege Suspension Guidelines ...................... 30-31 Cablevision's Access Forms: · Training Course Application ...................................... 32 · Studio Application ................................................... 33 · Editing Application .................................................. 34 · Electronic Field Production Equipment Agreement .............35 · Recommended Programming Personal Release Form ........... 36 CABLEVISION PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS RULES, APPLICATION, AND CONTRACT CABLEVISION PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS RULES 1. Purpose The roles and regulations set forth herein below shall govern the availability and nse of the th~blic, Educational, and Government Access Channels and facilities administered and provided by Cablevision. 2. Del'tuitions a) "Access Channel" - That cable channel or channels or portions thereof which is or are specially designated by Cablevision for the presentation of Access Programming by a person who is a resident of, or a group or organization which operates within, Cablevision's Service Area, as defined in Section 2(0) below. b) "Access User" - Any person who makes proper application for and presents Acc, ess Programming over the Public, Educational, or Governmental Access Channel. c) "Access Programming" - Analog video and audio material provided by an Access User on the Public, Educational, and Governmental Access Channel(s), which p:rogramming concerns matters of interest to and/or is about Cablevision's Service Area. d) 'Applicam" - Any (i) person who is eligible for Public Access and is at least 18 years of age residing in, or a group or organization which operates within, Cablevision's Service Area, (ii) an entity which is eligible for Educational Access such as a school district or not-for-profit educational institution chartered or licensed by a State Department of Education, or (iii) an entity which is eligible for Governmental Access, such as a municipal, county or state government or an agency thereof which has properly applied for use of an Access Channel or l~roduction Facilities. The Applicant shall be responsible for executing and abiding by all of the terms of the Access User Application and Contract and additionally shall abide by Cablevision's l~ablic, Educational and Governmental Access Rules. e) "Cablecasting" - The distribution of programming (exclusive of broadcast signals) over Cablevision's cable television system. f) "Educational Access Channel" - That cable channel which is designated by Cablevision for the presentation of Access Programming by school districts or educational institutions chartered or licensed by the State Department of Education. g) "Facility User" - Any Applicam who makes proper application for and uses Cablevision's Production Facilities, as applicable. 5 h) "Governmental Access Channel" - That cable channel which is designated by Cablevision for the presentation of Access Programming by a municipal, county, or state government or an agency thereof. i) "Indecent Material" - Any material in a program and/or presentation which would be defined as "programming that the cable operator reasonably believes is lewd, lascivious or filthy.., or describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards" in accordance with The Communication Act of 1934: j) "Lottery" - Any device, scheme, plan, promotion, contest or other program and/or presentation which involves directly or indirectly the elements of prize, chance and consideration, or any such device, scheme, plan, promotion, contest or other program and/or presentation which is, has been or may be declared a Iottery under applicable local, state or Federal law. k) "Lottery Information" - Any advertising or information concerning any Lottery as def'med in Paragraph 2(j) or any list drawn or awarded by means of any Lottery, whether said list contains any part or all of such prizes. 1) "Obscene Material" - Any material in a program and/or presentation which would subject the producer, supplier thereof and/or Cablevision to prosecution or penalty under local, state or Federal law for the production or presentation of obscene material. m) "Production Facilities" - Cablevision's designated production equipment. n) "Qualified Production Facility User" - A person who has been certified by Cablevision after successfully passing a competency exam measuring Applicant's understanding of the use of the specific Cablevision Production Facilities which such person shall be utilizing. o) "Service Area" - The geographic area to which Cablevision provides a discrete Access Channel as more specifically set forth on the attached Exhibit A, which Exhibit will be deemed automatically amended by Cablevision in the event of an acquisition or divestiture during the tel~n of this Agreement. Depending upon the specific system's design and architecture, the Service Area might be the entire area served by a headend or a region served by a :node or sub-headend or can be limited to one or more political subdivisions. 3. Rules Governin~ Access Channels a) A person residing in or a group or organization which operates within Cablevision's Service Area is eligible to use the Public Access Channel(s) for Access Programming (see definition of "Applicant") on a first-come, first-served, non-discriminatory basis. A request for use shall be made by filing an Application, as attached, and is subject to the availability of the Public Access Channel at the time and for the duration requested. Cablevision may, in its reasonable discretion, permit other persons, groups or organizations to utilize the Public Access Channel, when not otherwise being utilized. In determining whether a person is a resident of a particular Cablevision Service Area, Cablevision shall reasonably review such person's address (as evidenced by a utility bill, driver's license, tax bill, etc.). In determining 6 whether an organization or group operates within Cablevision's Service Area, Cablevision will look to factors such as the organization's business address as well as where it promotes that its services are made available. A program produced by a person who does not live within Cablevision's Service Area is eligible for cablecasting on a Cablevision Access Channel if a resident of the Cablevision Service Area sponsors the program and assumes all obligations hereunder by becoming an Applicant. Cablevision deals exclusively with Applicants. b) A bona fide educational institution, chartered or licensed by the State Deparlxnent of Education and located within Cablevision's Service Area, is eligible to use the Educational Access Channel(s) for Access Programming on a first-come, fucst-serve, non- discriminatory basis. A request for use shall be made by filing an Application and is subject to the availability of the Educational Access Channel at the time and for the duration requested. Cablevision may, in its reasonable discretion, permit other bona fide educational institutions, organizations or authorities to utilize the Educational Access Channel. c) A bona fide governmental body within or an elected official who represents Cablevision's Service Area is eligible to use the Governmental Access Channel(s) for Access Programmin~g on a first-come, first-served, non-discriminatory basis. A request for use shall be made by filing an Application and is subject to the availability of the Governmental Access Channel at the time and for the duration requested. d) As more fully described in the Cablevision Access Program and Production Facilities Policies and Procedures attached hereto, any audio or visual material which promotes or is designed to present a commercial transaction or is designed for non-political or commercial fimdraising is prohibited in connection with any Access Programming. Any Access Programming which contains material designed to elicit a response or any other solicitation of names or addresses which may be used for future non-political or commercial fund raising activities may be rejected by Cablevision in its reasonable discretion. Notwithstanding the above, "credit" type notices anno~mcing the source of funding (if any) for the production of the program shall not be interpreted so as to make a program a prohibited "commercial use" and thus are permitted to be shown at the beginning or the end of the program. e) No program, production or presentation shall be cablecast or permitted to be cablecast on the Public, Educational, or Governmental Access Channel(s) which involves directly or indirectly any Lottery information or which involves a Lottery, gift, contest, enterprise or similar scheme. f) No program, production or presentation shall be cablecast or permitted to be cablecast on the Public, Educational, or Governmental Access Channel(s) which involves any Obscene Material or other unprotected speech. g) If, in Cablevision's reasonable discretion, any program, production or presentation contains Indecent Material, Cablevision shall notify Applicant. Cablevision encourages that all Indecent material be aired after 10:00 p.m. h) In the event Cabtevision believes that a program submitted contains material proscribed pursuant to Federal, state, or local laws, roles, or regulations or pursuant to Paragraphs 4(d), (e) and/or (f), Cablevision shall notify Applicant, who may edit such program or withdraw same. Cablevision shall not edit any program. i) Further, in order to submit programming for distribution on the Access Channel in Cablevision's Service Area, Applicant understands that its eligibility hereunder is subject to reasonable review by Cablevision. Cablevision shall be under no obligation to cablecast any Access Programming which it reasonably believes to be in violation of Paragraph 4(d), (e), (f), or (h), or for which Cablevision reasonably determines the Applicant is ineligible hereunder. Applicant shall be afforded the opportunity to appeal any such decision of Cablevision by contacting Cablevision's Local Access Coordinator, Access Supervisor, Area Manager, Area Director or Director of Access Programming. j) Cablevision reserves the right to include the Access Programming in its printed Television Guide listings. All Access User promotion which refers to the channel, time or Service Area where Access Programming is to be cablecast (including but not limited to radio, television, pamphlet, flyer, magazine or cable television programs) and which is used by Applicant to promote or publicize Access Prograrmning or an appearance on Access Progrmnming is subject to reasonable review and approval by Cablevision prior to its dissemination or publication. 4. Rules Governing Use of Cablevision's Production Facilities a) A person residing in, or a group or organization which operates within Cablevision's Service Area and which meets the requirements of Paragraph 4(g) below, is eligible to use Cablevision's Production Facilities located within the state where such Service Area is located. In determining whether a person is a resident of a particular Cablevision Service Area, Cablevision shall reasonably review such person's address and permanent place of domicile (as evidenced by a utility bill, driver's license and/or tax bill). In determining whether an organization or group operates within Cablevision's Service Area, Cablevision will look to such organization's business address as well as where it promotes that its services are made available. Cablevision's Production Facilities may only be used to produce Access Programming and such Access Programming must be presented on an Access Channel. A request for use shall be made by filling out the appropriate studio or equipment application, as attached, after an Access User Application lms been executed and is subject to the availability of the Production Facilities at the time and for ~he duration requested. Cablevision may, in its reasonable discretion, permit other persons, groups or organizations to utilize Cablevision's Production Facilities if not otherwise being used. lin no event may Cablevision's Production Facilities be utilized other than by Cablevision for the production of programming which presents a commercial transaction or seeks to raise non-political funds. b) At least fifteen (15) days in advance of the desired time and date of the use of the Production Facilities, an Applicant must submit a studio or equipment application, as applicable, copies of which are attached. Cablevision may waive the aforementioned fifteen (15) day period contained herein in the event such Production Facilities are available upon shorter notice. c) Production Facilities may be used for up to four (4) consecutive hours. Since Cahlevision makes its Production Facilities available to the public, Cablevision requests that all persons are courteous and respectful with regard to other members of the public who might be using the Production Facilities before or after you. As such, we ask that you provide at least twenty-four (24) hours notice of cancellatTM of Production Facilities time and that you use all reasonable effort to ensure that you do not nm over your allotted time. If you cause disruption or inconvenience to Cablevision staff or other Facility Users, you will be subject to penalties up to and including revocation of your Access User Contract and use of Cablevision's Production Facilities. If a request for use of Cablevision's Production Facilities is granted and the scheduled time is not utilized, the Applicant will lose such Production Facilities time. In the event that an Applicant requests multiple uses of the Production Facilities and the Applicant does not utilize its scheduled time, causing inconvenience or disruption to Cablevision staff or other Facility Users, the Applicant may be subject to appropriate loss of privileges in accordance with Cablevision's penalty provisions. d) Applicants must be 18 years of age or older and must assume all legal and programming responsibility for the studio by executing Cablevision's Access User Apphcation and Contract. Such Applicant shall be responsible for the acts and omissions of all production crew members. e) Cablevision shall make its Production Facilities available during its normal business hours (as clearly posted at each facility location), or at other times or on weekends by special arrangement. The equipment allocated for access use as well as such equipment's availability shall be so designated by Cablevision from time to time. f) Where available, designated portable Cablevision access equipment may be used by Qualified Facility Users on location, provided such Facility Users meet the conditions noted in Paragraph 4(g) below, and provided further, that such Facility User agrees to be responsible for any damage to such equipment, reasonable wear and tear excluded. Equipment may not be used at locations or for purposes other than the production of Access Programming. g) Applicant represents and warrants that all persons who will operate Cablevision's Production Facilities are Qualified Facility Users who have successfully passed a Cablevision competency exam to use the Production Facilities to which they are assigned. A qualified Cablevision technical director shall oversee the use of the in-house Production Facilities by Applicant and Applicant's personnel. h) Use of the Production Facilities must result in the production of Access Programming suitable for cablecast. All Production Facility usage is subject to these Rules, and any and all tampering with Production Facilities may result in cancellation of the Contract and the possible loss of furore access privileges. Inordinate use that does not result in programming may lead to review and loss of privilege. i) Only program participants and persons involved in producing the Access Programming will be allowed access to Cablevision's Production Facilities. To ensure adequate studio set up and configuration, facility applicants are asked to advise the staff at least twenty-four (24) hours ha advance of any non-standard programming format or equipment that will be required for the production of an Access Program. j) Access Users and/or guests may enter only those areas of Cablevision's Production Facilities and office locations that are designated for Access use, in addition to those areas that are normally open to the public. Access Users and guests are asked to comply with Cablevision's guidelines with respect to their conduct while guests of Cablevision and shall conduct themselves in a civil and orderly fashion. Access Users are ultimately responsible for the conduct of all persons involved in the production of the Access Program and all guests. k) All Access Users shall be financially responsible for the cost of repair or replacement of any Production Facilities damaged by or under the control of an Access User and/or an Access User's production crew or guests, Contracts Application for Public, Educational, and Governmental Access Channels; a) Application for use of the Public, Educational, and Governmental Access Channel(s) shall be submitted in writing and shall identify the proposed Access Channel user by name and address and specify and/or contain the following: 1) Name, address, and telephone number of the individual or organization making the request, and, if an organization, a representation that Applicant has the authority to sign on behalf of such organization; 2) The Access Channel desired (public, educational, or governmental); 3) days); The day or days for access cablecasting desired (and alternative 4) The time segment desired (and alternative times) and duration of the cablecast; 5) The technical format of the progrmn; 6) A statement that the Applicant has read the Access Rules and will comply therewith; 7) A certification that the individual or organization making the request resides within or operates within Cablevision's Service Area; and 8) Such other and/or additional information as Cablevision may reasonably deem necessary. b) All Applications and Access User Contracts must be submitted at least fifteen (15) days, but not more than seven (7) weeks, in advance of the desired date and time of the proposed initial cabtecast. However, if no prior request has been made for the time and date requested, Cablevision will accept an Application, Access User Contract, and accompanying tape upon no less than seventy-two (72) hours notice. A separate Application and Access User 10 Contract must be submitted for each Program or Program series (of up to 13 weeks) for which access time is requested. c) Applicants who choose to produce their own programming and wish to use their own facilities should consult with Cablevision at the time of Application submission to determine whether their format is compatible with existing Cablevision equipment. After submission of the program, Cablevision shall reasonably determine if such presentation meets the Technical Specifications for Airing Tapes, (which are contained in the Cablevision PEG Access Polices and Procedures attached hereto). Programming which does not meet Cablevision's technical standards will be rejected. Cablevision shall not be under any obligation to obtain additional equipment to cablecast any Access Programming nor shall Cablevision be responsible for any damages for failure to so cablecast any such Access Programming. d) Applications and reserved channel times are not assignable or transferable. e) If Applicant plans to use copyrighted material, Applicant must obtain all appropriate rights and clearances for the use of such material. Cablevision reserves the right to request evidence of such rights and clearances, in its reasonable discretion. f) In the event that Cablevision reasonably believes that a program or presentation contains copyright infringing material, Cablevision reserves the right to refuse to carry or to continue carrying such program, presentation or series, or portion thereof, which does not, comply with the provisions of these Rules or for which, adequate rights to the material contained in the program and/or copyright clearances have not been obtained. However, permission to proceed shall not be construed to mean that Cablevision has acknowledged or concluded that Applicant has secured all necessary rights and/or clearances or that Cablevision assumes any responsibility for such programming. g) Only persons 18 years of age or older shall be permitted to be Access Channel Users unless an adult assumes all legal responsibility for the program by executing Cablevision's Access User Application and Contract. Additionally, all Applicants must have the parental pennission of any minor appearing in Access Programming. h) As more fully described in the Cablevision Access Program and Production Facilities Policies and Procedures attached hereto, Access Programming time is reserved on a first come, first serve, non-discriminatory basis for a maximum of thirteen (13) weeks. 6. Public Inspection a) Cablevision shall maintain a complete record of the names and addresses of all persons, groups, organizations, or entities requesting access time. Such records will be maintained in the local office of Cablevision and will be available for public inspection during Cablevision's normal business hours. b) Persons requesting public inspection shall identify themselves by name and address. 11 c) Access Channels will not be made available to any Applicant who refuses to have his identity maintained in the records and available for public inspection as required by this paragraph. d) All records of requests for Access Channels shall be maintained for a period of at least two (2) years. 7. Access User Liability Cablevision does not exercise editorial control over the content of any program produced by an Access User. Applicants assume all responsibility as producer and/or originator of any of Applicant's Programming cablecast on Cablevision's cable system(s). Access Users who produce and/or cablecast Access Programming which violates federal, state or local laws, rules or regulations, or which infringe upon the rights of any person, corporation, parmership or entity, or constitute libel or slander, may be subject to criminal or civil penalties and shall be required to indemnify and hold Cablevision harmless from any such third party claims. 8. Violation of Rules Violation of Access Rules by an Access User or guests of any Access User may subject the Access User to a temporary or permanent loss of access privileges. 9. Questions In the event a question or dispute arises regarding the applicability or interpretation of these roles, such questions or disputes shall be initially directed to Cablevision's Access Coordinator, Access Supervisor, Area Manager, or Area Director. Further questions or disputes s]hall be referred to the Director of Access Programming or to the Senior Director of Local Programming. 12 EXHIBIT A SERVICE AREA Aquebogue Bridgehampton Calverton Cutchogue East Marion Eastport East Quogue Flanders Greenport Hampton Bays Jamesport Laurel Mattituck New Suffolk North Haven Noyac Orient Peconic Quogue Remsenberg Riverhead Sagaponack Sag Harbor Shelter Island Southampton Southold South Jamesport Speonk Wading River Watermill Westhampton Westhampton Beach West Hampton Dunes 13 1) 2) 3) Title of Program: Name of Applicant: Address: (No P.O. Box Numbers) CABLEVISION OF RIVERHEAD ACCESS USER APPLICATION (Please print clem:ly.) 4) 5) 61} 711 8) 9) Telephone #: (home) (work) Name, Address and Telephone # of Principal Officer (Organizations only): Name: Address: Telephone #: Type of Access: Public [ ] Educational [ ] Prodncer: Governmental [ ] Length (in minutes): Description of Program: Single Program: [ ] Series: [ ] 10) Desked day of cablecasting: Alternate/2~ choice: · 1 1) Desh'ed time of cablecasting: Alternate/2~ choice: 12) Tape format: VHS [ ] Super VHS [ ] 13) What, if any, Cablevision Production Facilities will be required to complete proposed program? 14) I have read the Cablevision Access Rules and the Access User Contract and agree to comply with said ,Contract and Rules and any regulations promulgated pursuant thereto. I understand that a completed Access User Contract must be submitted to, or be on file with, Cablevision prior to any use of the Cablevision PEG Access Facilities or the cablecasting of any Access Programming. 14 Applicant's Signature Date ACCESS USER CONTRACT 1. Applicant has read the Access Rules of Cablevision and agrees to abide by all the provisions contained therein. Cablevision's Access Rules are hereby incorporated by reference and made part of this agreement. All capitalized terms used herein are defined in such Access Rules. 2. Applicant warrants that its cablecast presentations on the cable television system shall not include the following proscribed material: a) Any Obscene Material or otherwise unprotected speech. b) Any advertisement of or information concerning any Lottery, gift, enterprise or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, gift, enterprise or scheme, whether said list contains any part or all of such prizes. Provided, however, that this prohibition shall not apply to advertisements or lists of prizes or information concerning a lottery conducted by a State acting under the authority of State law when such information is transmitted under the ci~rcumstances described in the Access Rules. c) Presentation of commercial transactions, as more fully described in Cablevision's Access Policies and Procedures, attached hereto. 3. a) While Cablevision has obtained all necessary music performance rights relative to the use of music in Access Programming, Applicant is responsible for all music synchronization rights (that is, permission granted by an owner, usually to a producer, allowing the music to be inserted/taped) for all music contained in Applicant's programming which is tn:ansmitted over Cablevision's facilities. b) In order to facilitate Cablevision's licensing of music performance rights in Access Programming, upon request, Applicant agrees to provide Cablevision with specific information regarding the music incorporated by Applicant in any Access Programming including lc,ut not limited to the title and composer of any such musical arrangements so incorporated. 4. Applicant assumes all responsibility as producer and/or originator of any of Applicant's Access Programming carried on Cablevision's systems. Applicant agrees to indemnify Cablevision, Cablevision's partners, officers, directors, servants, agents and/or employees and agrees to hold the aforesaid harmless from any liability, loss or damage or consequential damage, including alt attorney's fees, costs, and disbursements, caused by or arising out of any material supplied by Applicant in connection with Applicant's utilization of Cablevision's Public Access Channel. 5. Applicant agrees to indemnify Cablevision, Cablevision's partners, officers, directors, servants, agents and/or employees and agrees to hold the aforesaid harmless from any liability, loss or damage or consequential damages including all attorney's fees, costs and disbursements caused by or arising out of Applicant's utilization of Cablevision's Production Facilities. 15 6. Without limiting the generality of the foregoing, Applicant further agrees to indemnify Cablevision, Cablevision's partners, officers, directors, servants, agents and/or employees and agrees to hold the aforesaid harmless from any liability, loss or damage or consequential damage, including all attorney's fees, which may be imposed by reason of any claim that any material submitted by Applicant violates or infringes upon the rights, trade names, trademarks, copyrights, patents, literary or dramatic rights, music synchronization rights or rights of privacy of any other owner, licensor, copyright holder or any writer, composer or other person, corporation, partnership or entity, or that said material constitutes libel or slander. 7. a) Applicant assumes all responsibility for the proper care of any Production Facilities uso:l by or on behalf of Applicant, whether such use is in the studio or on location. Applicant agrees to bear financial responsibility for the cost of repair or replacement of any Production Facilities damaged during use by or on behalf of Applicant, and to indemnify Cablevision, its partners, officers, directors, servants, agents and/or employees, and to hold the aforesaid harmless from any and all claims, damages, costs and liabilities of any nature whatsoever, including all attorneys' fees, which may be imposed by reason of damage to said Production Facilities. b) Applicant agrees to submit its program (the program outline, if the program is to be cablecast live, or the completed tape if produced elsewhere) to Cablevision for Cablevision's review. In the event that a program is withdrawn by Applicant or a portion of the program is edited pursuant to Paragraph 4(g) of Cablevision's Access Rules, applicable charges, if any, for use of the studio and production facilities will still be due and payable. c) Applicant agrees to comply with the technical specifications set forth in the Cablevision Access Program and Production Facilities Policies and Procedures attached hereto for program material submitted by Applicant to Cablevision for transmission over Cablevision's cable system. Video and audio signals received for transmission via common carrier or private distribution means must comply with the technical specifications set forth in the Access Rules. 8. Applicant agrees to defend all actions to which any prior indemnity applies and to conduct the defense thereof at its own expense and by its own counsel. Cablevision shall have the right to participate in such defense at its expense, and Applicant agrees that it will cause its own counsel to cooperate with Cablevision in such instances. 9. Applicant, individually, and, if applicable, on behalf of all members of the organization of which Applicant is a member, hereby releases Cablevision, its successors and assigns, from any legal action, claims and demands whatsoever which the Applicant or its organization may have, including, without limiting the generality of the foregoing, any claim which may arise against Cablevision as a result of Applicant's or, if applicable, Applicant's organization's cablecast presentation on the Cablevision cable system or the production of any material for said presentation or any mistakes, omissions, interruptions, delays, errors or defects iin Cablevision's transmission of Applicant's cablecast presentation. 10. In the event that Access Programming is produced with the use of the Cablevision Production Facilities, the Applicant agrees that the program will be used only for access cablecasting, will be cablecast over Cablevision's Access Channels, and will not be exploited for profit, non-political or commercial fundraising in any fashion. 17 11. Cablevision has an interest in ensuring that when an Applicant publicly promotes a program or an appearance on a program to be transmitted over Cablevision's cable system, the viewing public is given accurate information. Therefore, any material which refers to the channel, time or Service Area where Access Programming is to be cablecast (including but not limited to radio, television, pamphlet, flyer, magazine or cable television promotions) and which is used by Applicant to promote or publicize Access Programming or an appearance on Access Programming, is subject to reasonable review and approval by Cablevision prior to its dissemination, or publication. APPLICANT: Signature Print Organization Date: CABLEVISION OF RIVERHEAD By: Date: 18 CABLEVISION OF RIVERHEAD ACCESS USER APPLICATION & CONTRACT RENEWAL Title of Program: Name of Applicant: Address: (Please print clearly.) (No P.O. Box Numbers) 4) 5) 6) 7) 81) 9) 11) Telephone: (Home) Type of Access: Public [ Length (h~ minutes): Desired day of cablecasting: Desired fane of cablecasting: Contract Renewal Dates: ] Educational [ ] (Work) From: To: Single Program: [ Alternate/2na choice: Alternate/2~ choice: Governmental [ ] ] Series: [ I verify that the program submitted in this Access User Application and Contract Renewal is the same program described in the original Access User Application. I understand and agree that I shall be bound by the terms and conditions of my current contract during any renewal thereof. APPLICANT: CABLEVISION OF RIVERHEAD Signature By: Signature Date Date 19 CABLEVISION ACCESS PROGRAM AND PRODUCTION FACILITIES POLICIES AND PROCEDURES 2O CABLEVISION ACCESS PROGRAM AND PRODUCTION FACILITIES POLICIES AND PROCEDURES II. III. IV. V. VI. VII. VIII. IX. X. XI. APPLYING FOR ACCESS POLICIES FOR ACCESS CHANNEL USE RESERVING PUBLIC ACCESS CHANNEL TIME TECHNICAL SPECIFICATIONS FOR AIRING TAPES RESERVING CABLEVISION PRODUCTION FACILITIES; PRODUCTION FACILITIES POLICIES STUDIO POLICIES EDITING FACILITIES ELECTRONIC FIELD PRODUCTION PACKAGES TRAINING WORKSHOP VOLUNTEERS POLICY ENFORCEMENT Cablevision believes that the spirit and vitality of community life can be enhanced by the support and encouragement of access programming produced by local residents. To best facilitate the fair and equitable use of this community asset, the following set of Policies and Procedures has been established as a useful guideline for Applicants consistent with Cablevision's PEG Access Rules and Access User Contract. All capitalized terms used herein are defined in the Access Rules. I. APPLYING FOR ACCESS Application for use of the Access Channels shall be in writing and shall be in the form of the Access User Application, which must be submitted at least fifteen (15) days (but not more than seven (7) weeks) in advance of the desired date and time of the proposed initial cablecast. At least fifteen (15) days in advance of the desired date and time of the cablecast, the Applicant must execute and file with Cablevision an Access User Contract. However, if no prior request has been made for the time and date requested, Cablevision may waive or reduce the aforementioned tune periods m up to 72 hours in advance of the proposed cablecast. Please be sure that you have read and understand the Cablevision Public, Educational, and Government Access Rules. Although Cablevision encourages all area residents to participate in the access experience, no person under 18 years of age may become an Access User or use the Cabtevision Production Facilities unless an adult assumes all legal responsibility for the program by submitting Cablevision's Application and Access User Contract and by taking responsl'bility for the use of the Production Facilities. 21 II. POLICIES FOR ACCESS CHANNEL USE Any person residing in, or group or organization operating within, the Cablevision Service Area, as listed in Attachment A, and making proper application may submit for telecast video and audio material for Access Programming. Application for the telecast of programming produced outside of the Cablevision Service Area may be submitted and sponsored only by a person, group, organization or other entity residing in or serving the Cablevision Service Area. Cablevision shall deal only with such sponsor. For scheduling purposes and in accordance with industry practice, recommended show length is 29 minutes. Special arrangements for other program lengths can be mutually arranged. Cablevision shall begin all programs on the hour and half hour only. Cabtevision is not responsible for tapes damaged during playback or lost or damaged during storage. For your safety and the safety of our equipment, please do not submit tape masters, tapes worn from multiple use, or tapes damaged bY moisture, dirt or food. Tapes are requested to be delivered five (5) business days before the requested telecast date and fane. If a tape is not delivered within seventy-two (72) hours before a requested telecast date and time, Cablevision may refuse to cablecast such tape. When the first tape is delivered, no more than four (4) tapes may be dropped off. Upon request, a receipt will be issued for each such tape. Although Cablevision shall take all reasonable care of a tape, Cablevision is not responsible fi~r loss or damage to any such tape left in Cablevision's custody beyond fourteen (14) days of the final cablecast. If you need to have your tape returned by mail, you must provide the packaging, postage and any receipt(s) issued to you by Cablevision. Access Program Content: Access Programming may not contain any audio or visual material which presents a commercial tnransaction. Nor may they contain a solicitation of funding or names and addresses that might la~er be used for non-political or commercial fundraising. Factors that Cablevision will review and consider, as a whole, in determining whether a program presents a commercial transaction, include whether the program: a) b) c) d) e) f) g) 11) i) proposes the sale of goods or services; promotes a commercial enterprise or product; contains business addresses or logos; gives an address, phone number, or web site to "call for more information" during the body of the program; posts a phone number or web address; suggests that a guest's company is better than others in the field; lists the company or affiliation of a program guest multiple times as commercial promotion rather than credential; contains a "call to action" with regard to a commercial item or service; or contains a "900" or similar "pay" telephone number. 22 If your program contains copyrighted material, please be certain that you have obtained all rights for the use of that material. You may be asked to furnish proof of that permission. Talent release forms should be signed by all people appearing on access programs. Cablevision recommends that Applicant assign a rating to its Access Programming in accordance with the television industry's parental guidelines based upon strong language, violence or mature subject matter that may be contained in Applicant's Access Programming (such ratings are TV-Y, TV-YT, TV-G, TV-PG, TV-14 and TV-MA). Such rating shall appear either before the start of the Access Programming or as part of its title. A brief description of each such rating is set forth below: TV-Y: This program is designed to be appropriate for all children ages 2-6. TV-Y7: This program is designed for children ages 7 and above. Themes and elements in the program may include mild fantasy or comedic violence and may frighten children under 7. This program is suitable for ail ages, general audience. It contains little or no violence, no strong language and little or no sexual dialogue or situations. TV-PG: (Parental Guidance Suggested). This program contains material that parents may find unsuitable for younger children. May contain one or more of the following: mild violence, some sexual situations, infrequent coarse language or some suggestive dialogue. TV-14: (Parents Strongly Cautioned). This program contains some material that many parents would find unsuitable for children under 14 years of age. This program contains one or more of the following: intense violence, intense sexual situations, strong course language, or intensely suggestive dialogue. TV-MA: (Mature Audiences Only). This program is specifically designed for adults. It contains one or more of the following: graphic violence, explicit sexual activity or crude indecent language. In order to minimize the likelihood of exposing minors to Indecent Material, as that term is defined in Cablevision's PEG Access Rules, Cablevision encourages Applicant to schedule this type of programming after 10:00 p.m. Further, if Applicant fails to rate its program, Cablevision reserves the right to assign an appropriate rating, in its reasonable discretion. Cablevision will not edit proh~ited material from Access Programming. 23 Copies of your program, dubbed by Cablevision staff, will be made for a fee of $25 per half-hour show. Access Program Credits: Access Programming may identify the source of support or funding for the production. Recommended access program funding and/or service credits include: 1) On screen - Corporate or organization names may be printed to resemble the following examples: "Funding provided by ' "Set facilities provided by 2) Voice over - An audio credit may state the following: "This program was made possible by an underwriting grant from No further description of the company or organization or its products or location will be allowed. 3) Funding must be used for equipment, goods, or services needed for the production of an access ]program and cannot be distributed as salaries to producer, director, crew, talent, or others, or their families. III. RESERVING ACCESS CHANNEL TIME Access Programming time is reserved on a first-come, first-served, non-discriminatory basis for a maximum of thirteen (13) weeks. Cablevision's Annual Calendar consists of four thirteen (13) week quarters which run approximately as follows: January 1~t - March 31st, April 1s':- June 30~, July 1st - September 30~, and October 1st - December 31st. The specific annual calendar for each year indicating the specific dates of each quarter shall be available upon request. In the event that proper application is made after the commencement of a session for the then- current session, an Access User may reserve the balance of the thirteen (13) week period. Contracts may be renewed for an additional thirteen (13) weeks by submitting a written Access User Application and Contract Renewal Form. If another Access User would like to schedule his/her program at the time that your program usually runs, you may be required to relinquish that spot after a thirteen (t3) week run, with reasonable notification. In order to ensure that all reserved timeslots will be used, Access Users are asked to reserve a time period only if they are certain that they will have a program ready in time to fill that timeslot~ Cablevision recommends that each edition of a program run a maximum of four times so that the access channels will present variety and maintain viewer interest. 24 access I[V. In order to accommodate all Access Users, Cablevision reserves the right to limit each producer to one program per contract period. TECHNICAL SPECIHCATIONS FOR AIRING TAPES Programming may be accepted on one or all of the following formats: 1/2" YHS and SVHS. Prograrmming must be recorded in U.S. NTSC video format and should be of good teclnfical quality. Tapes should be dubbed down no fi~nher than 3rd generation. An unbroken and stable control track must exist throughout the entire program length, as well as at least thirty (30) seconds prior to the program start time. At least thirty (30) seconds of black should follow at the end of the program--no false endings. The head of the tape must contain thkty (30) seconds of control track, which may consist of bars, tone, slate or - at minimum - studio black. The 2 seconds of pre-roll just before the first video/audio must be studio black. Run time is the total length of the program material aired, beginning with the first audio/video and ending with the last audio/video. It does not include bars, black, slate or countdown preceding the show, but should include credits and/or public service announcements added to the end of the show. Do not leave "holes" in the middle of the program. The public access staff does not insert comrnercials or PSAs. Video level must not be too "hot". (Over 100 units of video as'measured on a video scope.) Audio level must not be overmodulated (too high) or too low, and should range between -8 db and 0 db. Only one program per tape is permitted. Multiple programs on a single tape cassette are not acceptable for cablecast. Tape jackets and the tape cassette both must be properly labeled by the producer with information about the program, including: 1) series name, 2) segment title and/or number, 3) cablecast date(s), 4) program length, and 5) in time. 25 RESERVING CABLEVISION PRODUCTION FACILITIES; PRODUCTION FACILITIES POLICIES Cablevision's Production Facilities are available only to Qualified Access Users currently working on Access Programming on file with the office, and only to work on said programming. Production Facilities are reserved by the Access Producer for a specific tune period, not by project. Prior to Production Facility usage, the following must be filed with Cablevision: a) an Application for the Production Facility Use, an Access User Application, and Access User Contract (attached); b) proof of residency with'm the Cablevision Service Area; c) a complete shooting schedule; d) a complete crew list; and e) a list of any props or addkional materials to be brought into the facility. Access Users may utilize the Production Facilities for the production of Access Programming. While the Production Facilities are here and available for this purpose, no other Cablevision facilities may be used without the express consent of the company, including but not limited to all office equipment and machinery, such as copy machines, telepBones, typewriters, and desk items (pens, pencils, staplers, tape, etc.). Access Users are admitted to the Cablevision Production Facility areas only. They are not permitted to walk around the building unaccompanied. It is expected that Access Users will treat the access and building staffs and other Access Users with respect and courtesy. Verbal and/or physical abuse of staff members or other access users may result in the suspension of access privileges. Repeated instances of disrespect or abuse may result in the revocation of all access privileges. Production Facility Reservation Policies and Application Forms for the reservation and use of Cablevision's Production Access Facilities are attached. Please locate and complete the forms, which apply to the facilities and equipment that you need to produce your Access program. In order to ensure a smooth, well rml presentation, please advise the staff well in advance if you have booked any extraordinary presentation, which might require additional equipment, space, or facilities. PIease make other arrangements for the care and supervision of children and animals, since they may not join you in the access area. If you plan to have animals on your program, they must be properly caged for their safety and the safety of other Access Users. The policies and procedures for the use of the specific pieces of equipment available in this Cablevision system are attached. Please make certain that you review these documents and complete the infom~ation forms, which accompany them. 26 VI. STUDIO POLICIES Access Users utilizing Cablevision's studios are subject to the general Cablevision Production Facilities Policies set forth in the Access Program and Facilities Policies and Procedures attached hereto. The program producer must be present during any studio usage. A maximum of 4 non-consecutive sessions (3 hours each) may be booked at any time. Only crew members and talent directly involved with the production are allowed in the studio (guests, observers, audiences, etc. are allowed only with the consent of the Public Access staff). All studio participants (including crew, talent, guests, and visitors) must enter the building from the front door and must sign in with building security, where applicable, prior to commencing studio operations. The crew log-in sheet must be complete before studio production begins. Visitors should be kept to the minimum and will be seated in the green room during production. No one other than crew will be allowed in the control room or studio area. Wherever possible and in order to maximize the availability of Cablevision's studio, pre- production meetings and planning sessions should take place outside of the Cablevision Studio and prior to the scheduled use of the studio. Use of the Cablevision studio for the production of programs that feature bands or other guests whose sound cannot be contained within the studio and might be a disturbance to other departments in the building may need to be scheduled at times outside of regular business hours. Room temperature in the studio must be kept cool for optimal machinery fimctioning. Please dress appropriately and do not adjust room temperature settings. Do not re-patch, re-configure, or alter any settings on eqttipment. Ask the staff to assist yon. Please report immediately to the staff any equipment problems that yon are experiencing. Do not attempt to make equipment repairs yourself. No food or drink is allowed while using the studio. No smoking is allowed on the premises. Please be prompt in your arrival to and departure from the studio, and adhere to your reserved time slot. There should be no loitering in the access area after your allotted studio lime is finished. You are expected to leave the area promptly and in a clean and orderly condition when your booked time slot is over so that the facility is ready for the next access user. · Use safety chains on all lighting instruments. If one is missing, notify the staff. Return all lighting instruments removed from the grid securely back to the grid when production is finished. 27 VIII. Turn individual light power breakers off before plugging in the patch and before removing the patch. Turn off all light power breakers and remove patches when finished. When finished with cameras: Lock tilt locks (not brakes or drags) in a slightly downward angle. Return cameras to initial location and coil the cameras multi-cables (in "over/under" manner). Sweep/clean up all articles associated with your production. Return appropriate equipment to the office and wait for staff to check before you leave. Do not "power down" equipment after shift. If you are unsure about any procedure or piece of equipment, please ask the staff. EDI'ITNG FACILITIES Acce. ss Users utilizing Cablevision's editing facilities are subject to the general Cablevision Production Facilities Policies set forth in the Access Program and Facilities Policies and Procedures attached hereto. Time can be reserved for editing by submitting an Editing Application for the date(s) and time(s) requested. Editing booths may be reserved for up to 4 hours per day with a maximum of 12 hours per week. Editing facilities are booked for work on Access Programs only. A maximum of two (2) non-consecutive sessions (4 hours each) may be booked at any given time. Only producers and editors directly involved with an editing project may be present in the editing room, and no more than 2 at any one time. No others can be admitted to the editing area by producers working in the editing room or studio. Any producer/editor wishing to do a "voice-over" audio dub must make arrangements prior to booking time so that needed equipment is provided. Please be prompt in your arrival to and departure from the edit suite and please adhere to your reserved time slot. ELECTRONIC FIELD PRODUCTION PACKAGES Access Users utilizing Cablevision's electronic field production packages are subject to the general Cablevision Production Facilities Policies set forth in the Access Program and Facilities Policies and Procedures attached hereto. 28 EFP packages may be booked for a maximum of 2 non-consecutive 24-hour periods. Units taken out on Saturdays (or before holidays) must be returned the following worldng day by 10:00 AM. The Access Equipment Use Agreement is attached hereto and must be completed before any equipment use is commenced. Producers utilizing EFP units should familiarize themselves with the regulations and equipment liabilities as outlined in Cablevision's Public Access Rules and User Contract. The Public Access Area currently has EFP packages consisting of SVHS/standard VHS cameras, tripods, and remote light kits. Equipment needed beyond what is currently available is the responsibility of the producer. EFP equipment is booked/reserved as a complete unit. Producers booking a unit have the option to use all or part of that unit, but remaining articles cannot be made available to other producers, as the package must be maintained for the next user. IX. TRJJNING WORKSHOP In order to use any of the Cablevision Production Facilities, one must first become a Qualified Facility User by successfully completing a competency exam, which measures Applicant's understanding of the use of Cablevision's Production Facilities. For those without previous training or experience, Cablevision provides trahting workshops on a first-come, first- served basis throughout the year. Consisting of lecture and hands-on experience in production techniques, workshops are scheduled on a regular basis and are an excellent way to become qualified and to meet other users who are potential production crew members, A Training Workshop Application can be obtained by calling or writing the Access Staff. X. VOLUNTEERS Volu~ateers are vital to the spirit of community access experience. Cablevision maintains a list of people: who have passed the qualifying exam and/or successfully completed the access training workshop and who are willing to assist others in the production of their Access Programming. If you are interested in volunteer'mg or in obtaining the names of current volunteers, please check the Volunteer List. XI. POLICY ENFORCEMENT Cancellation Policy: Access Users canceling scheduled Production Facility Use time must call twenty-four (24) hours in advance of the scheduled slot. Reserved time is non-transferable. Failure to comply with such consideration will subject Access User to the Suspension Guidelines attached hereto. 29 Late Policy: Access Users who will be late for scheduled facilities use must call in advance. Access users more than one half-hour late for scheduled appointments are subject to the Suspension Guidelines attached hereto. Cablevision reserves the right to schedule other applicants in their places. Cablevision PEG Rules And Regulations: Access Users who Violate the Cablevision PEG Rules and Regulations pertaining to AccesS Chmmel Usage or Production Facilities Usage will be subject to the Suspension Guidelines attached hereto. 30 CABLEVISION PEG ACCESS PRIVILEGE SUSPENSION GUIDELINES Cablevision reserves the right to impose the following penalties for the rules/operating procedure violations set forth below. Please understand that these are guidelines only and the unique facts and circumstances of each particular violation will be carefully reviewed with a view toward eve=~andedness and the facilitation of the fair and equitable use of public access. VIOLATION Violation of Cablevision Public, Educational, Governmental Access Rules PENALTY Violation 2na Violation 3ra Violation Obscene and/or Commercial Material Written warning and tape will be pulled prior to airing or after first airing, as applicable, in Cablevision's discretion Commercial or Non-Political Fm~dralsing, including Political Solicitation of Names Failure to Submit Program for Scheduled Time Period Written Maximum of Maximum of Warning 1 week 2 weel~ Suspension Suspension of Privileges of Privileges · Violation of Rules by Crew or Guests · Unqualified Use of Equipment · Unauthorized Use of Facilities Damage to Equipment or Facilities Written Maximum of Permanent Warning & 4 wks. Loss of Reimbursemem Suspension Privileges & for Damages of Privileges & Reimbursement Reimbursement for Damages for Damages Violation of Federal, State, or Local Laws, Rules, or Regulations, Including Theft, Possession/Use of Drags/Alcohol, and Possession of Weapons [Penalty may range from temporary to permanent loss of privileges, in Cablevision's discretion] Other Violations Written warning and up to a Maximum of Suspension of Privileges Maximum of 4 wks. Suspension of Privileges Maximum of Permanent Loss of Privileges 31 CABLEVISION PUBLIC ACCESS PRIVILEGE SUSPENSION GUIDELINES (cont'd) VIOLATION Violation of Cablevision Public, Educational, Governmental Access Rules Failure to Adhere to Operating Procedures · Reserving Time · Editing Facilities Studio Facilities · EFP Packages · Falsification of Records · Smoking, Eating, Drinking in Undesignated Areas · Other Violations PENALTY Offense 2na Offense 3~ Offense Written Warning Maximum of Maximum of and up 4 wks. 6 wks. to a Maximum Suspension of Suspension of of 2 wks. Privileges Privileges Suspension of Privileges 32 Dear Public Access User: Thank you for your interest in Cablevision's Training Workshop. The course will be held once a week and will run for five weeks. The sessions will meet on various days at various times. The class is free. Hands-on experience with Cablevision equipment will be stressed. If you are interested in joining the course, please fill out the enclosed registration form and return it to Cablevision. When your application is received, your name will be placed on a first- come, first-served waiting list, and you will be notified when your name nears the top of the list to attend the next workshop session. Please send your completed application to: Cablevision of Riverhead 254 Old Country Road Riverhead, New York 11901 Attention: Public Access Coordinator (631) 996-6040 (Detach Here) CABLEVISION OF RIVERIIEAD ACCESS TRAINING COURSE APPLICATION (Please print clearly.) NAME: ADDRESS: DATE: NAME OF PROGRAM: HOME PHONE: ORGANIZATION: MAIN AREA OF INTEREST: BUSINESS PHONE: (Writing, Director, Camera, Lights, Editing) 33 Name: CABLEVISION OF RIVERHEAD STUDIO APPLICATION (Please print clearly.) Program Tifle: Date(s) requested: Alternate Date: Please list names of production crew and guests: Producer Director Tech Dir Audio Graphics Assistants Set-up time: Set-up time: Camera Camera Camera Floor Mgr Video Op Guests End Time: End Time: Estimated ti~ne of crew arrival: Are crew members trained and qualified Access Users? Yes No I have read the Cablevision Access Rules and understand that this Application must be submitted at least fifteen (15) days prior to requested studio date. I also understand that a completed Access User contract and Program Application and Outline must be submitted at least fifteen (15) days prior to requested studio date. Applicant's Signature: Date: Approvals: Date: (Access Depar~ent) (Department Head) Date: 34 CABLEVISION OF RIVERHEAD EDITING APPLICATION (Please print clearly.) Access Program Title: Individual or Group Applying: Contact Telephone Number: Tape Format: (S)VHS Date(s) and Time(s) Requested (2 non-consecutive sessions of 4 hours each may be booked at any given time with a maximum of 12 hours per week): 1) Date Time Alternate Date Time 2) Date Time Alternate Date Time I have read the Cablevision Access Rules, and I understand that a completed Access User Contract and Program Application and Outline must be on file for the program being edited during these requested time periods. (Please be prompt in your arrival to and departure from the edit suite and please adhere to your reserved time slot.) DATE APPLICANT'S SIGNATURE DATE TIME RESERVED CABLEVISION ACCESS COORDINATOR 35 1) Name: 2) Adch'ess: CABLEVISION OF RIVERHEAD ACCESS EQUIPMENT USE AGREEMENT (Please print clearly.) 3) 4) 5) Telephone: Equipment request Date: Time: Applicant has inspected the equipment listed below and agrees to return equipment in workable condition to the access department. Equipment Borrowed Condition 6) 7) 8) 9) 10) Applicant agrees to return equipment Date: Time: Applicant assumes full responsibility for the proper care of Cablevision access equipment, which may only be used for the production of access programming. Damage to equipment may result in loss of access use privileges. Applicant bears £mancial responsibility for the repair of replacement of equipment damaged while in the care and custody of Applicant in accordance with Cablevision's Access Rules and Contract, which are incorporated herein. Applicant's Signature: Date: Equipment returned on: / / Check-in Verification: (Access Department) 36 RECOMMENDED ACCESS PROGRAMMING PERSONAL RELEASE FORM To Whom It May Concern: I hereby agree to your recording my appearance and participation in a television program being created by you to appear on Cablevision Public, Educational, and/or Government Access Channel. I acknowledge that you are and will be the sole owner of all rig~hts in and to the program. You shall have the right to use my name, portrait, picture, and biographical material to publicize and advertise the program. I hereby indemnify Cablevision, its successors, assigns, and you against any and all claims, damages, liabilities, costs, and expenses arising out of the use of ideas or words expressed by me during the program or ad libs spoken or unauthorized acts done by me in connection therewith. Signature Date NAME, ADDRESS, AND SIGNATURE OF PARENT OR GUARDIAN, IF TALENT IS A MINOR: Name (Please Print) Address Signature Date 37 AGoI D.. (.'I'. I,ITIFI(;ATi,; ()1-' I,I.. llll,rl'Y Aon, RSSE Services, Inc. of New York TFI~S CERTIFICATE Lq ISSUED~ ,One..~Hunting.ton: Quadrangle .%,.%q) CO~FERS N-O RIGFFES L~ON,I'ItE CERTIFICATE HOLDER.,I]~IS' - P.O. Box.9005 C£RTIFICATEDOESNOT_~[E~);EX~NDOR.~LTERTHE ~ '. ~e] v~ ~ ] e NY 11747 USA CO~K~GE AFFOI~OED ~¥ TIlE P0r~l~ g£rO~,' ' INS ~q~ERS AFFORDING COYEIA~GE Pao~-(632) 249-1500 ~x-(63~) 756 ~575 ~ : -. POLICIES OF ~5L~N~ LISI'ED BELOW ~ BE~ ISSUED TO rile ~5L~O N~D.~OVE FOR ~ ~LiCY PE~OD ~DICAT~, NO%V~HST_~D~G ~NS- ~Q~.~, TE~,{ OR CO~ITION OF .~ Y CON~4CT OK OTHER DO~i~[ ~FI ~5PECr TO ~ ~S ~CATE EL~Y BE ISSL~ OR bIAY PEKTA~, ~ NS U~N~ ~FO~ED BY T~ ~LIC~S DESCmB~ ~m IS s~Bmcr TO,~Z ~S. EXCLIJSIO~ ~ ~N6~ON5 OF SUCH POLICES 5outhold Town Clerk 30 D.~XS%~NOUCETOT~CEET~CA~HOLD~N%%mOTO~L~L 5outho] d Town Attachment,to ACORD Certificate for Rainbow lqecl)~ Holdings LLC fhe terms, conditions and provisions noted below m-e hereby attached to the captioned certificate as additional descrip~ioa of the · coxer~e afford~ct by the insurer(s). This attaclrmeat does nor contain ali temu, conditions, cover~.~.es or exclusions contained in the policy. INSURER Rainbow Media Holdinoa LLC [NrSLTP~ER llll Stewart Avenue sethpage NY 11714 USA INSURER [2qSUKER [NSUKER ADDITIONAL POLICIES If a polic.x belo~ does not include limit haformnUoa, refer to the correspond/ag policy on the ACORD certificate form for policy limit>. WORKERS COMPENSATION WC 298:1381 11/15/03 11/15/04 ~JC 2981380 11/15/03 11/I5/04 '2' Certificate No: 570010914494 DODIE P. TSCHIRCH Vice ~resident=Pu~lic ~faks October 22, 2002 Hon. Joshua Horton, Supervisor Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Attn: Gregory Yakaboski, Esq. Town Attorney Re: Settlement and Release Agreement Dear Supervisor Horton: This letter is to acknowledge full settlement and release of CSC Acquisition-NY, Inc. ("Cablevision') from all claims for non-compliance under the terms of Section 6(3) of the existing franchise with the Town of Southold ("Town"), which franchise expired on July l l, 1995 ("Expired Franchise"). Under the terms of a temporary operating authority issued by the New York State Public Service Commission, Cablevision continues to provide service to the Town pending renewal. As you know, on October 8, 2002, the Town Board unanimously voted to renew Cablevision's franchise. As part of the negotiations upon which the Town based its approval, the parties mutually agreed to settle matters in the Expired Franchise related to the senior citizen discount. The senior citizen discount dispute arose out of changes in federal law pertaining to the regulation of cable television rates in 1992 (the "1992 Cable Act"). The subsequent change in programming tiers established by Cablevision as a result of the 1992 Cable Act, and Cablevision's interpretation of other changes in the law led the company to alter its discount policy. After months of discussions betxveen the company and representatives of the Town, the new franchise establishes a discount of fifteen percent (15%) off the basic and expanded basic level of cable television service for eligible senior citizens. In addition, Cablevision has agreed to provide certain computer equipmem to the Town's senior citizen center (as specified in the new franchise), for the benefit of the municipality and its senior population. CABLEVISION SYSTEMS CORPORATION 1111 Stewart Avenue, Bethpage, NY 11714-3581 §16 803-2386 PAX 516 803-2391 Supervisor Hortom Southold October 22, 2002 Page 2 of 2 Lastly, provided the Town signs and returns this letter stipulating full settlement and release of all claims or causes of action against Cablevision and its subsidiaries, successors, and assignees, and further provided that the Town agree to waive any future claims under the terms of Section 6(3) of the Expired Franchise, Cablevision will provide a one-time payment of forty-nine thousand dollars ($49,000.00) to the Town. It is understood and agreed by Cablevision and the Town that this settlement is not, nor shall it be deemed an admission by either party of any default, violation, or failure to enforce, any provision of the Expired Franchise. Both parties further represent and warrant to the other that each has the legal right, power and authority to enter into this settlement and release. If the Town is in agreement with the terms specified herein, please sign the attached and return it to Cablevision, thereby acknowledging your acceptance. Sincerely, D./~od~e P. Tschirch, Vice President Public Affairs Acknowledgement: 7o°~n o°fh;:u/ho~tn''Supervis°r Sworn to before me this day of '-~-r/u~r~, ,200.1 CC~ Not a~,~l~t~b lic .... Gregory Yakaboski, Town Attorney, Town of Southold Charles Forma, Senior Vice President - Law, Cablevision Joan Gilroy, Director, Franchise Management, Cablevision IIIIICAB ,qlON Jul}' 5, 1994 New York State Commission on Cable Corning Tower Building Empire State Plaza Albany, NY 12223 Television RE: Town of Riverhead hol: m Village of GreenporE Village Village Village village of Sag Harbor of So.uthhampton of Quogue of Westhampton Beach To the Commission: Enclosed please find an original and four (4) copies of Form R--2 submitted on behalf of CSC Acquisition NY, Inc. for each of the above referenced municipalities. Cablevision is seeking a full renewal of each of the above referenced franchises, which will expire at the end of their term. A copy' of the Form R-2 will be served upon each municipality. Public notice of the filing of this application will be placed in a newspaper of general circulation. Should you require further information or have an}' questions, kindly' contact the undersigned. ]'nc . ~harles :A. Eorma Vice President, Law Cable Operations IIIiiCABZEFI ON July 5, 1994 The Honorable Thomas Wickham Supervisor Town of Southold Town Hall, Main Road Southold, New York 11971 Dear Supervisor Wickham: This letter is to inform you that the franchise agreement between CSC Acquisition - NY, Inc. ("Cablevision") and the Town of Southold is scheduled to expire on May 9, 1995. Pursuant to New York State law, our Application for Renewal of Franchise is being forwarded to the Cable Commission. A copy will be sent to you shortly. We appreciate the cooperation you have shown in beginning the renewal process and look forward to working closely with you so that Cablevision may continue to provide quality cable service to the residents of Southold. Cablevision has enjoyed serving your community and we are commited to continuing this business relationship. Should you have any questions regarding this application or the renewal process, please do not hesitate to contact Joan Gilroy, Public Affairs Manager, Cab!evision of Long Island, East End System at 727-6080. Sincere!y, J0s~h i~,.z1~n ara 6~b~evi¢ion of Long Island JA/ig cc: Charles Forma, Esq. R~verhead East Hampton 254 Old CountW Road R,verhead. ~P~ t 1901 PO Box 7166. Amaganse~t. NY 11930 516 727 6300 516 267-6900 APPLICATION FOR RENEWAL OF FRANCHISE OR CERTIFICATE OF CONFIRMATION 1. The exact legal name of applicant is: CSC Acquisition - NY, Inc. 2. Applicant does business under the following trade name or names: Cablevision 3. Applicant's mailing address is: 254 Old Country Road Riverhead, NY 11901-2197 4. Applicant's telephone number(s) is/are: (516) 727-6300 5. (A)This application is for a renewal of operating rights in the TOWN OF SOUTHOLD (B)Applicant serves the following additional municipalities from headend or from a different headend but in the same or an adjacent county: "See Attachment A" the same 6. The number of subscribers in each of the municipalities noted above is: Primary residential connections: Secondary residential connections: Residential pay-cable subscriptions: Commercial connections: Other: "See Attachment A" 7. The following signals are regularly carried by the applicant's cable system (where signals are received other than by direct off-air pickup, please so indicate): "See Attachment B" 8. Applicant does IX] does not [ ] provide channel capacity and/or production facilities for local origination. If answer is affirmative, specify below the number of hours of locally originated programming carried by the system during the past twelve months and briefly describe the nature of the programming: 9. The current monthly rates for service in the municipality specified in Question 5 (A) are: Primary connections: Secondary connections: Pay-cable subscriptions: Commercial connections: Other: "See Attachment C" 10. How many miles of new cable television plant were placed in operation by applicant during the past twelve months in the municipality specified in Question 5 (A)? 2.17 miles 11. In the municipalities specified in Question 5 (B)? 22.44 miles State and describe below any significant achievements and/or improvements that took place with respect to system operation during the past twelve months: "See Attachment D" 12. on (;able Indicate whether applicant has previously filed with the State Commission Television its: Current Statement of Assessment pursuant to Section 817 of the Executive Yes [X] No [ ] B. Current Annual Financial Report? Yes [X] No [ ] 13. Has any event or change occurred during the past twelve months which has had, or could have, a significant impact upon applicant's ability to provide cable television service? If so, describe below: "See Attachment D" NOTE: Please attach a copy of applicant's current annual performance test results per 9 NYCRR Subtitle R Section 596.5. VICE PI ESIDENT Title Date ATTACHMENT "A" AS OF DECEMBER 31, 1993 MUNICIPALITY: NUMBER OF SUBSCRIBERS: Village of Greenport Village of Quogue Town of Riverhead Village of Sag Harbor Town of Southold Town of Southampton Village of Southampton Village of Westhampton Beach 845 1,097 8,819 1,406 7,805 18,662 2,500 1,454 05/94 ATTACHMENT "B" CABLEVISION OF LONG ISLAND, EAST END SYSTEM - RIVERItEAD SATELL~E VHF OFF-AIR PICKUP Arts & Entertainment American Movie Classics BET Bravo Cable News Network (CNN) Cartoon Network Cinemax CNBC Comedy Central Court TV C-Span C-Span-2 Discovery Channel Disney Channel E! Entertainment Television Encore EPG ESPN The Family Channel FLIX HBO Home Shopping Club The Learning Channel Lifetime Madison Square Garden Network (MSG) Madison Square Garden Network II (MSG II) The Movie Channel MTV Nashville Network Newsport Nickelodeon Pa>' Per View (3 channels) Playboy Channel QVC Sci-Fi Channel Showtime SportsChannel TNT (Turner Network Television) Univision USA Network VH-I (Video Hits-l) The Weather Channel V~q'BS Atlanta WCBS-TV NY Channel 2 WNBC-TV NY Channel 4 WNYW-TV NY Channel 5 WABC-TV NY Channel 7 WOR-TV NY Channel 9 WPIX-TV NY Channel 11 WNET-TV NJ Channel 13 UHF OFF-AIR PICKUP WLIW-TV NY Channel 21 WNYC-TV NY Channel 31 WL1G-TV NY Channel 55 FIBER OPTICS Newsl2 Long Island Telicare Long Island One LISN LOCAL OTB Racing PPV Barker 05/94 Keeping You Informed Cablevision wants to keep you up to date on the programm~n§, services and rates we offer. You'll receive this laformatlon semi-annually, or when you change your level of serwce, or if we make certain changes ~n yodr programmihg. And, of course, we will pro,/~de lh~s mformat~on whenerer you request ~t. When will you let me know if my service changes? If possible, we w~ll tell you about s~gnihcant programming or network changes 30 days before they Occur If this ~s riot possible, we'll nohiv w~thin 30 days of the date we hrst know of these changes. What kind of changes will [ get a notice about? We', tell you If a network or a channel Is no longer available as part o[ your level of 9orvice, or ii there is a significant change in the character of [he programming service you currently receive. What rights do [ have if I get a notice that my service has changed You ha~e the right to terminate your s0rwce or select a lower leve[ of C-3Dle service at no charge if you {et US know up to 45 days after you recewe our nolice. [f [ subscribe to a premium service tier, do I have any other rights? Yes. If you receive a notice that your service ~s being changed and you advise us within 30 days that you ~ntend to downgrade or terminate serv,ce. you wilt be entitled to a refund of any prepaid service charges or installation upgrade or other similar one-time charges that you may have incurred ~n connection with your service during the six months pr~or to the change What if I subscribe to the entry level of service? It depends. If, for example, within 90 days el your subscnplion to Cablevision's entry level of service a network or channel is removed from that sewice but remains on the cable system, and w~thin 30 days of that change you advise us that you want to upgrade your service, you may be entitled to a free upgrade plus up re six months el free serwce If, however. the channel or network ts no longer available on Cablewston's system and you tell us within 30 days that you want to e~tner terminate your serwoe or continue at the same serwce level, you may be entnled to receive a refund on any Installation, upgrade or other charges you pa~d witmn tho s~× months prior to the change. If you remain an entry level cable customer you mar also r~coive, for a limited period of time. a parbal ored,t or~ your cable b~ll How will 1 know what my sDectflc rights are? CABLEVISION PACKAGES · RAINBOW GO~.D SPECTRUM - $72.45 MONTHLY RAINBOW SPECTRUM - $61.55 MON'[HLY Includes an addressable On-Screen D~splay converter ~,lh remote control · FAJAILY SPECTRUM PLUS 2 $50.45 MOHTHLY ~ FAMILY SPECTRUM PLUS 1 S4~,95 MONTHLY · FAMILY SPECTRUM PLUS $31.35 MONTHLY CABLEVISION CHANNEL DIRECTORY 1 Long IslandOne t30 E~ Enteriainment Television Z ~CBS I?) New York 31 The Disney Channel 5 ~t'NYWfS) Ne~ ~or~ 34 The Movie Chan~el 6 Home Box Office (HGOi 35 Cinemax 7 WABC(7~ New ~brk 36 Sho~ime 9 ~t WOR (9~ Sec~ucus 38 Pay Per View 1 10 The Weather Charmer 39 Pay Per View 2 12 News 12 Long ICand 41 Uniwsmn 13 WNET~3) Newark 42 TBS 14 Program Gume 43 Home Shopping Ne~,vork 15 ESPr~ 44 QVC '17 USANetwork t46 Coud~ 19 The Discove~ Channel 48 C-SPAN 21 WLIW(21)Plamview 50 Resewed For F~ture Use '22 Nickelodeon/N~ck at N~te t51 T~e Learning Channel 23 Ldet,me t52 Comedy Central 24 Consumer News & t53 Flix Business C~an~el (CNBC) "25 T¢~care~MSG I~ t54 Cadoon Ne~ork 26 The Fam,ly Channel 55 Pay Per View 3 27 Pubhc Access t56 Sc~-Fi Channel 28 VH-1 V~deo Hds One 57 Madison Square Garden '29 MW Music TeleWSlOn '"'58 Rese~ed For Future Use Premium Service Options (seenoles 1 & 2) Monthly Rates Monthly Services Additional Packages Pay Per View ~s~,~ no,es One-Time Charges Free ea $ 22 62 254 Old Country Road, Riverhead, NY 11901 (516) 727-6300 ATTACHMENT "C" RATE INFORMATION Rates are on file with the New York State Commission on Cable Television. Attached is a copy for your information. Recent regulations may necessitate changes to this rate card in the future. Commercial Basic Primary Commercial Pay Cable Connection $40.00/mo. $60.00 - $110.00/mo. 05;94 ATTACHMENT "D" Cablevision has taken several steps to improve system operation as outlined below: Cablevision has implemented an extensive preventative maintenance program. This program, in conjunction with a headend upgrade effort, has allowed us to reduce our service call ratio to .26 per subscriber per year. In 1993, Cablevision has completed the installation of battery operated stand-by power for the whole East End System. These power supplies will keep the cable system operating for approximately 3 hours in the event of a power failure. As a result, Cablevision has experienced a significant reduction in power related outages, resulting in a reduction in subscriber cable outage time. During 1993-1994, a Status Monitoring System has been implemented throughout the East End System which allows for the computerized monitoring of amplifier stations. During 1993, construction was completed on the 450 Mhz upgrade throughout the East End System. As of February 1994, the East End System has activated over 5 A.M. fiber nodes and constructed over 125 fiber sheath miles. 100% fiber fed receiver sites or "headends" were constructed in Southampton, East Quogue, Greenport and Riverhead. This improves both picture quality and reduces outages and rain fade due to atmospheric conditions. The fiber optic headend located at the Hicksville Technical Center, which feeds the East End System, is a state-of-the art operation and serves as a model for the cable industry. Cablevision implemented an Installation Repair Program within the system. This program has decreased the number of multiple trips to customers and has increased time appointments to allow for two hour windows. As designed and implemented by Cablevision, FISHNet (Fiber Optic, Island-Wide, Super High-Speed Network) is one of the first high-speed, fiber optic systems in the nation to incorporate ATM (Asynchronous Transfer Mode) technology that allows information to be processed via 53 byte cells that move data in "bursts". On February 10, 1994, the system interactively linked physicians and researchersat two Long Island institutions thereby providing high technology medical services to the residents in the areas that Cablevision services. During 1993 an Automatic Response Unit was installed giving sunscribers who have a touch tone phone the choice of speaking with a representative or a voice computer, thus improving phone response. The computer is connected to our customer database and enables subscribers to instantly order Pay-Per-View and access account and system information 24 hours a da.,,'. 0594 Au'raZ :/:'npl;bude: ,~ax -- -~.-* dBc on channel m~n = -16.8 dBc on chamael ~-'-'rie'r ~o I,Iois~: rain = 39.7 dB on channel Ht~n~: max = 1. 4 ~ on channel n-Charm Response: max ~.5 dB on channel min = 0.3 dB o',~ chant, el 3 2 22 · :i ~ua 2 ~impl itude: 27.8 dBmV on 9.3 dB max = -~.6 dBc on channel rain = -17.4 dBc ol] chaihi]e]. Beats: max = *-5,°-.3 dBc on channel ;, '~e'r to Nozse: rain = 39.5 dB on channel n-Chart Response: max = 0.8 dB on channel rain = 0.,~ dB on channel ~6 42 a~ 2 22 +0. 002- MHz R;Z]:':.]ll '[- '3Ui.IMA~;;Y 'i~uai Ar, tplitude: max ~9.4 dBmk,: o',% cha]n',%el rain = 10.3 dDmY on cl~ann,.:.L ,.~ O-U 1~. 1 Aura% AmpLi'~uc~ max = -'~. 1 df~c on .2hann~el rain -18.0 dBc on channel 46 Beats: max = -51~0 dBc on channel 6 -ie'e to Noise: rain = 39.5 dB on channel Hum: max = 1.4 % on channel n-Chart Response: max = 1.8 dB on channel '-~.). 742 f'lHz F,',EI:'OR i- 5U~J~AR'' isu£,]. Amplitude: ma× ~S.G dBmV o:-~ channeZ mLn 14..2 ,JC4r,~'2 on c~',an~eL P-V = 9. ~ dB Au'paL ~mp~l'tude: max -7.9 dBc on channei rain -1~.4 dBe on eha~nel Beats: maz -55.6 d[~c on ci]anne~ 'ie'r to Noise: rain = 39.4 dB on channel :]-Cha~ Response: max = 0.7 dB on chant, el rain 0.3 dB on channel 47 36 2 at 8 2 12 25 F: E F' 0 I';: ¥ Lsual ~mpI~ude: F"- b' = 7.5 .~t~'ral ~mi:li~L,~e: max -9.4 qf~c rain -16. 7 dBc B~:a~s: max --51.~ dBc --'rLer to Nozse: rain = 39.6 Hum: max ,~-Chan Response: max 0.7 dB mln 0.3 dB 29. 4 " .... 45- 3 34 46 2 14 G l.'-5' :'lHz :iEF'OR7 ',.~ U I'!iq A F. ';' ;.su~,l ;lmplitude: max = iL.2 dBmQ o'n chan'r,e]. P-V = J. 0.7 d2 :~Lt'r.]L Ampl~.tude; max = -[0.0 disc on cha?n~el rain = --.IS.-9 dBc on charn-,el Bea~;s; max --~E/.. 3 dBc on cl~an',',el ~ie'c to Noise: rain = 39.4 dB on channel Response: max = 1.8 dB rain 0.3 dB on channel on channel 30 34 46 ~ 4 a'b 42 12 22 25 -1. 244 ?1Hz l]p,=',-a:;or ,,s) : Ii. Test da~es from: Feb OL., I. gU-~ be,.: Feb Ch inne I. Tab l.(-_-, i'lam,?: I-C5' I:'F::}OFS 5~.'ce Name: E~S 7 MI]DDt_ETON ROAD isocal Am~llCude: Beat~: ~ie',* Co Noise: rt.-Chart Response: max = 21.5 dBmV o~-~ chai-,ne!. mio = il..'] dBmV c.n ci",anl~el P-V = 9.6 dB max = -8. 0 dBc on channel 3.4 rain = -iS.* dBc on channeZ 42 max = -55. I dGc on channei 6 a't rain = 39.9 dB on channel 42 max = i.0 % on channel max = 0.4 dB on channel rain = 0.2 dB on channel