CCR1999191COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #191-99
Approval of Cable Television Franchise Agreement
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Cable Negotiating Committee, does hereby approve the
attached Agreement between the City of Muskego and Time Warner Cable of
Southeastern Wisconsin L.P
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
execute the Agreement in the name of the City.
DATEDTHIS 9th DAY OF NOVEMBER 1999.
SPONSORED BY:
CABLE NEGOTIATING COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #191-99 which was
adopted by the Common Council of the City of Muskego.
11199jmb
e CITY Of MUSKEGO
CABLE TELEVISION FRANCHISE AGREEMENT
This Agreement is made and executed by and between the City of Muskego, Wisconsin (City) and
Time Warner Cable of Southeastern Wisconsin L.P.
Whereas, the City adopted a Muskego Cable Television Franchise Ordinance on , 1999
(ordinance)which authorizes the City to issue a Franchise to operate a Cable System in the City;
and
Whereas, the Grantee holds the existing Franchise, and the Grantee has requested renewal of said
Franchise under the procedures established by federal statute; and
Whereas, the City has held a public hearing, ascertained its future cable-related needs and
interests, and discussed methods for meeting these needs with the Grantee;
In consideration of the faithful performance and strict observance by the Grantee of all the terms
hereinafter set forth or provided for, and also provided for in the Ordinance, pursuant to which this
Agreement is executed, and in consideration of the grant to the Grantee of the Franchise by the
City, the parties agree as follows:
0 SECTION 1. GRANT OF FRANCHISE
A. The City hereby grants to the Grantee a non-exclusive Franchise to construct, operate, and
maintain a Cable Communication System within the public ways of the City in accordance
with the terms and conditions of this Agreement and the Ordinance. The Franchise shall
become effective on the date of acceptance by the Grantee in compliance with this
Agreement and with the Ordinance, for a period of fifteen (15) years expiring on
,2014:
B. The Grantee hereby accepts the Franchise and agrees to abide by all the provisions of this
Agreement, the Ordinance, and other relevant regulations of the City which are hereby
incorporated by reference as though set forth at length.
C. The Grantee hereby agrees that it has negotiated this Franchise in good faith and with due
knowledge of its rights and responsibilities under relevant local, state, and federal laws.
SECTION 2. SYSTEM UPGRADE
The Grantee hereby agrees to complete an upgrade of its Cable System within one (1) month from
its acceptance of the Franchise. The upgraded System shall have a minimum bandwidth capacity
of 750 MHz (forward bandwidth 54 to 750 MHz, reverse bandwidth 5 to 40 MHz) with 550MHz
initially activated and a minimum of 79 NTSC analog or equivalent downstream video channels
initially activated. All system passives, taps, and connectors shall be capable of passing 1 GHz
Page I of 7
or digital equivalent, be carried on the basic service, and be available to the entire subscriber
system serving the City. Designation of use shall be by the City.
B. Grantee hereby agrees to continue to provide return capabilities for existing educational and
governmental institutions.
SECTION 6. CAPITAL CONTRIBUTION
A. The Grantee agrees to provide the City with capital support for public, educational, and
governmental access equipment and facilities in the amount of fifteen cents ($.15) per
customer per month as set forth below. The City agrees that all amounts paid by the Grantee
as the "Capital Contribution" may be added to the price of basic cable service and collected
from Grantee's subscribers as "external costs," as such term is used in 47 C.F.R. 76.922 as it
may from time to time be amended. In addition, all amounts paid as the Capital Contribution
may, at the Grantee's discretion, be separately stated on subscribers' bills as permitted in 47
C.F.R. 76.985 as it may from time to time be amended.
B. The Capital Contribution will be paid simultaneously with the franchise fee payment by the
Grantee to the City upon request after (a) the approval by the City of the charges, if required
pursuant to 47 C.F.R. 76.933; and@) notice is sent to subscribers of the adjustment.
C. Following the completion of the System Upgrade in the City, the Grantee will, at the City's
request, make a one time advance payment calculated at five cents ($.05) per subscriber
(based on the subscriber count as of December 3 1 of the preceding year) times 12 months,
times 15 years (or the remaining length of the franchise term) payable to the City ninety (90)
days following the City's request. If the City chooses this option, the Capital Contribution in
(A) above will be reduced to ten cents ($.lo) per subscriber per month per year for the
remaining years of this Agreement.
SECTION 7. INSTITUTIONAL NETWORK
The City may select to receive the Capital Contribution as stated above or may select to use any or
all of the Capital Contribution in the following manner:
A. At the City's request, the Grantee will provide, when available by the Grantee and payable by
the City, an Institutional Network (the "Network") connecting up to three (3) designated
public buildings in the City. Each location will receive up to 40 video (with audio channels)
and data channels. The Network will provide the capacity for: (a) origination and delivery of
full motion video and audio from every site; (b) high speed data connectivity of up to 10
mbps including a 10 mbps RF cable modem; (c) simultaneous multi-point video conference
andor inter-site data transmission among three designated sites; (d) distribution of both
interactive video confierencing and non-interactive programs; and (e) connection to any
public buildings served by Grantee's Cable System. The Institutional Network will be
constructed and made available following a one-time payment by the City of the Grantee's
actual costs up to $20,500.00 per location, with no reoccurring monthly charges for the term
Page 3 of 7
the Grantee shall, within ten (10) business days replenish the Performance Bond to its original @ amount or provide a new Performance Bond in the amount of $25,000. The intent of this
paragraph is to make available to the City at all times a Performance Bond in the amount of
$25,000.
SECTION 12. SEVERABILITY
Should any portion of this Agreement be declared invalid by a Court of competent jurisdiction,
such adjudication shall not affect the remaining sections or provisions which shall remain in full
force and effect.
SECTION 13. NONEXCLUSIVE AGREEMENT
Grantee agrees that this Franchise is a non-exclusive Franchise and that the City may at its sole
option and at any time, invite, permit or allow others in the cable or telecommunications business
to use its right-of ways on terms that are agreeable to the City.
SECTION 14. EQUAL. TREATMENT
The Grantor agrees that in the event the Grantor enters into a Franchise, permit, license,
authorization, or other Agreement of any kind with any other person or entity other than Grantee to
enter into the Grantor's streets and public ways for the purpose of constructing or operating a Cable
System or providing Cable Service to any part of the service area, the provisions thereof shall not
be on more favorable or less burdensome terms or conditions, in order that one operator not be
granted an unfair competitive advantage over another, and to provide all parties equal protection
under the law. If the City does grant a Franchise on more favorable or less burdensome terms or
conditions the Grantor shall inform the Grantee in writing of such fact and provide upon request a
copy of such Franchise. This Agreement shall be deemed to be amended to incorporate the more
favorable or less burdensome term or condition, if the Grantee does not object in writing within
ninety (90) days of the Grantor's notice.
In the event that the Grantee accepts (excluding acquisitions) from any City in the Counties of
Dodge, Jefferson, Kenosha, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth,
Washington or Waukesha a cable television regulatory ordinance or agreement or amendments to a
cable television regulatory ordinance or franchise agreement containing terms, conditions or
provisions materially different from those contained in this Agreement and the Ordinance, or if
any other arrangement is at any time made with any City in the counties of Dodge, Jefferson,
Kenosha, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington or
Waukesha, the Grantee shall inform the City in writing of such fact and provide upon request a
copy of such ordinance or other agreement to the City. If within ninety (90) days of such notice,
the City adopts such other cable television regulatory ordinance provisions or Franchise
Agreement provisions or other arrangement of such other City including any applicable terms and
conditions, of such other franchise which were negotiated in connection with the more favorable
requirement, the Grantee agrees it will accept such ordinance or agreement or other arrangement.
Page 5 of 7
0 addressed envelope by certified or registered mail, postage prepaid, at a Post Office or branch
thereof regularly maintained by the US. Postal Service.
The notices or responses to the Grantor shall be addressed as follows:
Mayor's Office
City of Muskego
Box 749
Muskego, Wisconsin 53150-0749
The notices or responses to the Grantee shall be addressed as follows:
Attn: Division President
Time Warner Cable
1610N. 2nd St..
Milwaukee, Wisconsin 53212
In Witness Thereof, the parties have signed this Agreement on
, 1999, which shall be the effective date of this Agreement.
City of Muskego: a Signature Date
Title
Attest Date
Time Warner Cable of southeastern Wisconsin, L.P
Signature Date
Title
Page 7 of 7