HomeMy WebLinkAbout4963-10/07/2009This Ordinance prepared by Carol Failor, Deputy City Clerk, 715
Mulberry Street, Waterloo, Iowa.
ORDINANCE NO. 4963
AN ORDINANCE AMENDING THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF WATERLOO AND MCC IOWA
LLC.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
WHEREAS, MCC Iowa LLC ("Grantee") is duly authorized to
operate and maintain a cable television system in Waterloo,
Iowa, (the "System") by the City of Waterloo ("Franchise
Authority" and/or "City") pursuant to the franchise granted by
the Franchise Authority on February 19, 1996 (the "Franchise");
and
WHEREAS, the Franchise Authority and the Grantee entered
into the Franchise during a time when television signals were
primarily transmitted to cable subscribers in an analog format;
and
WHEREAS, in recent years, cable television providers,
broadcast television stations and consumer electronics
manufacturers are transitioning to digital products and services
delivered in a digital format; and
WHEREAS, digital products and services offer greater
efficiency and better picture and sound quality than analog; and
WHEREAS, the use of digital technology has allowed
television programming to expand beyond traditional linear
delivery methods to "on demand" and web based applications; and
WHEREAS, the transition from analog to digital technology
allows cable television providers to free up the system
bandwidth needed to launch advanced products such as high-
definition television and next generation broadband services;
and
WHEREAS, the Franchise Authority and Grantee agree to amend
the Franchise to reflect the parties mutual desire to transition
the Access Channels into the digital age and without removing
the Access Channels from Grantee's level of service with the
largest number of subscribers (commonly referred to as the basic
or broadcast basic level of service).
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 6.06 of the Franchise entitled "Access Channels" shall
be replaced in its entirety as follows:
A. Grantee shall supply the City, without charge, on the
Cable System (a) one (1) activated digital Channel for
governmental programming; (b) one (1) activated
digital Channel for public programming; and (c)
Ordinance No. 4963
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three (3) activated digital Channels for educational
programming (collectively the "Access Channels").
a. Grantee shall carry the Access Channels on the
level of service with the largest number of
subscribers to the Cable System ("Subscribers").
b. Initially, Grantee may retransmit the signals of
the Access Channels to subscribers in analog
format.
C. Following thirty (30) days notice to Subscribers,
Grantee shall have the right to retransmit the
Access Channels to Subscribers in a digital
format (the "Access Channel Format Change"). The
following shall apply to the Access Channel
Format Change:
i. Grantee shall retransmit the Access Channels
in an unencrypted digital format so as to
maximize the number of Subscriber owned
digital televisions and/or digital QAM
tuners that can view the Access Channels.
ii. Grantee shall provide one (1) digital to
analog adaptor free for twelve (12) months
to any Subscriber in the City who requires
and requests such a device in order to
continue viewing the Access Channels
following the Access Channel Format Change.
iii. The Access Channel assignments shall be as
follows: a) Cable Channel 15 shall be the
Waterloo Government Access Channel; b) Cable
Channel 16 shall be utilized for educational
programming (SCOLA, etc.); c) Cable Channel
17 shall be the Waterloo Public Access
Channel; d) Cable Channel 18 shall be shared
between University of Northern Iowa and
Hawkeye Community College; and e) Cable
Channel 19 shall be the Waterloo Educational
Access Channel.
d. Franchise Authority acknowledges and agrees that
the change in format as described in the
Agreement, by itself, does not constitute any
change in the composition on the level of service
with the largest number of subscribers.
B. In conjunction with the Access Channel Format Change,
Grantee shall enable the City, without charge pursuant
to the criteria contained herein, to offer selected
video programming from the Access Channels "on demand"
to Subscribers through the use of standard digital
video equipment compatible with the Cable System.
a. Grantee shall provide the City with enough server
capacity to store up to thirty (30) hours of on
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demand Access Channel programming at any given
time.
b. The City shall be entitled to add up to thirty
(30) hours of new on demand Access Channel
programming per month (such new programming,
however, shall replace other Access Channel
programming if necessary so as not to exceed
thirty (30) hours in total of on demand Access
Channel programming at any given time).
C. The City shall provide to Grantee the selected
Access Channel programming for uploading to the on
demand server in a format that is compatible with
Grantee's Cable System.
d. Grantee shall be responsible for all costs
associated with uploading the selected Access
Channel programming provided by the City to the on
demand server.
e. Grantee shall have all copyright rights, licenses
and/or clearances to both authorize uploading to
and storage on Grantee's on demand servers and
related equipment (including without limitation
the making and retention of backup copies) as well
as the delivery of such content over Grantee's
cable system (including without limitation the
making, storage or use of all copies, transient,
buffer or other copies made incident to the
delivery of the content).
f. Unless otherwise requested by the City, Grantee
shall apply a first in, first out methodology when
removing Access Channel programming from the on
demand server.
C. In conjunction with the Access Channel Format Change,
Grantee shall enable the City, without charge, to
offer selected video programming from the Access
Channels to high-speed Internet users via web
streaming.
a. Grantee shall make available to high-speed
Internet users up to one hundred twenty-five
(125) hours of Access Channel programming per
month via web streaming. Grantee shall be
entitled to satisfy this requirement by engaging
a third party vendor.
b. The City shall be entitled to add up to one
hundred twenty-five (125) hours of new Access
Channel programming for web streaming per month
(such new programming, however, shall replace
other Access Channel programming if necessary so
as not to exceed one hundred twenty-five (125)
hours in total of on demand Access Channel
programming at any given time).
Ordinance No. 4963
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C. The City shall provide to Grantee the selected
Access Channel programming for uploading to the
web streaming server in a format that is
compatible with Grantee's Cable System.
d. Grantee shall be responsible for all costs
associated with uploading the selected Access
Channel programming provided by the City to the
web streaming server.
e. Grantee shall have all copyright rights, licenses
and/or clearances to both authorize uploading to
and storage on Grantee's servers and related
equipment (including without limitation the
making and storage of backup copies) as well as
the streaming of such content to Grantee high-
speed Internet customers (including without
limitation the making, storage or use of all
copies, transient, buffer or other copies made
during the process of streaming).
f. Unless otherwise requested by the City, Grantee
shall apply a first in, first out methodology
when removing Access Channel programming from the
web streaming server.
D. Within ninety (90) days following the Access Channel
Format Change, Grantee shall make the next generation
of high-speed Internet service (commonly referred to
as "DOCSIS 3.0") available to residents of the City at
download speeds of up to 50 megabits per second
("Mbps") and upload speeds of up to 5 Mbps.
E. Nothing in this Agreement shall limit Grantee from
taking any necessary action to comply with either any
requirement imposed by statute or regulation or any
action required to avoid infringement of the
intellectual property rights of any third party.
F. In conjunction with the Access Channel Format Change,
Grantee shall provide reasonable marketing support to
the City in order to help educate Subscribers about
the Access Channel Format Change and the availability
and functionality of "on demand" and the web streaming
of Access Channel programming.
G. All other terms of the Franchise shall remain the same.
INTRODUCED: October 5, 2009
PASSED 1St CONSIDERATION: October 5, 2009
PASSED 2nd CONSIDERATION: October 5, 2009
PASSED 3rd CONSIDERATION: October 5, 2009
Ordinance No. 4963
Page 5
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 5th day of October, 2009, and approved by
the Mayor Pro Tem on the 7th day of October, 2009.
ATTEST:
Carol Failor
Deputy City Clerk
Reggie Schmitt, Mayor Pro Tem
CERTIFICATE
I, Carol Failor, Deputy City Clerk of the City of Waterloo,
Iowa, do hereby certify that the preceding is a true and
complete copy of Ordinance No. 4963 as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 5th day of October,
2009.
Witness my hand and seal of office this 7th day of October,
2009.
SEAL Carol Failor
Deputy City Clerk