HomeMy WebLinkAbout04/03/2014WATERLOO CABLE TV COMMISSION
April 3, 2014
4:30 p.m.
Conference Room, 1st Floor
City Hall 715 Mulberry St.
I. Call to Order —Chairperson Larry Herzog.
II. Roll Call
III. Approval of Agenda, as proposed or amended
IV. Citizens Oral Comments
V. Financial Report
VI. Chairperson's Report
VII. Report of Mediacom Net
VIII. Report from CT Production Coordinator
IX. New Business
i. Frequency of meetings
X. Unfinished Business
XI. Adjournment
Suzy Schares, CMC
City Clerk/Human Resource Director
WATERLOO CABLE TV COMMISSION
February 6, 2014
4:30 p.m.
First Floor Conference Room
No meeting was held due to lack of quorum.
Suzy Schares
City Clerk
M the
power acom e e
March 10, 2014
Ms. Suzy Schares
City of Waterloo
715 Mulberry St.
Waterloo, Iowa 50703-5783
RE: Channel Changes
Dear: Ms. Schares
On or about April 15, 2014 Mediacom will be adding the following digital and high
definition channels to the Movies & Music Tier:
Programming Channel Location
VH1 Soul 474
Fuse HD 783
Vivid TV will be added on channel 548 and will be available as a subscription service for
$24.95 per month. To order, call (800) 479-2028.
At this same time, G4 on channel 209 and G4 HD on channel 783 will be dropped from
the Movies & Music tier.
Also on or about April 22, 2014 Mediacom will add the following digital and high
definition channels to the Kids & Variety tier:
Programming Channel Location
Smithsonian 289
Smithsonian HD 850
At this same time TVGN currently on channel 291 will move from the Movie & Music
tier into the Kids & Variety tier but will remain on the same channel.
Sincerely,
06-, 4°4
Lee Grassley
Senior Manager, Government Relations
Mediacom Communications Corporation
6300 Council St. NE • Cedar Rapids, IA 52402 •
319-395-7801 • Fax 319-393-7017
CITY OF WATERLOO
CABLE TELEVISION FRANCHISE AGREEMENT
This agreement is made and executed by and between the City of Waterloo, Iowa (City) and
WestMarc Cable Holding, Inc., dba TCI of Northern Iowa, Inc.
Whereas, the City adopted a Cable Television Franchise Ordinance on February 19, 1996
(Ordinance), which authorizes the City to issue a Franchise to operate a cable television
system in the City; and
Whereas, the Grantee holds the existing Franchise; and
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:
The City hereby grants to the Grantee a nonexclusive Franchise to construct, operate, and
maintain a cable television system within the public ways of the City in accordance with the
terms and conditions of this Agreement and the Ordinance. The Franchise shall commence
upon its acceptance by the Grantee and shall extend the current franchise term for a period
of fifteen (15) years expiring on June 30, 2018.
The Grantee hereby agrees to complete a rebuild of its cable system by December 31, 1999.
At least forty percent (40%) shall be completed by December 31, 1997, and eighty percent
(80%) to be completed by December 31, 1998, with the balance of the rebuild to be
completed not later than December 31, 1999. The Grantee shall submit reports to the City
verifying completion of these benchmarks delineating how many subscribers are served by
the upgraded system. In the event that Grantee is prevented or delayed in the performance
of any of its obligations under this Franchise by reasons of acts of God, floods, fire,
tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism,
strikes, sabotage, boycotts, lockouts, labor disputes, shortage of qualified labor, freight
embargoes, shortages or unavailability of materials or supplies, unusually severe weather
conditions, acts or omissions of the City or an other similar event beyond the reasonable
control of the Grantee, the Grantee shall have a reasonable time, under the circumstances to
perform its obligation under this Franchise or to procure a substitute for such obligation
which is subject to the reasonable satisfaction of the City.
Such a rebuild of the system shall have a minimum bandwidth capacity of 77 downstream
video channels and be certified as completed by the City. The City reserves the right to
have an independent engineer audit the system to verify completion.
Following the rebuild referred to herein and provided that said pricing would not conflict
with federal law, Grantee agrees to offer to users in Waterloo subscription terms and pricing
ECC\wP6oUGREE\CABLEFRA. FIM/February 20, 19963
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
war RH I o
that are reasonably comparable to that offered to Grantee's customers in the City of Cedar
Falls, Iowa.
In the event the Franchising Authority enters into a Franchise, permit, license, authorization
or other agreement of any kind with any other person •or entity other than the Grantee to
enter into the Franchising Authority'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
material provisions thereof shall be reasonably comparable to those contained herein, in order
that one operator not be granted an unfair competitive advantage over another and to provide
all parties equal protection under the law.
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.
The Grantee hereby agrees to the provision of cable service to all potential subscribers within
the current corporate City limits with a density of at least ten potential subscribers per 1,320
cable -bearing strand feet (1/4 cable mile). The Grantee also agrees to provide cable service
to all potential subscribers to all future incorporated areas with a density of at least ten
potential subscribers per 1,320 cable -bearing strand feet (1/4 cable mile).
The Grantee hereby agrees that the entire cable system shall include an emergency alert
capability which will permit the City, in times of emergency, to override by remote control
the audio and/or video of all channels simultaneously. The Grantor shall hold the Grantee,
its agents, employees, officers, and assigns hereunder, harmless from any claims arising out
of the emergency use of its facilities by the Grantor, including, but not limited to, attomey's
fees and costs.
The Grantee hereby agrees to provide at least three channels for public, educational and
governmental cableiasting pursuant to Section 6.06 of Waterloo's Cable Ordinance, a
full -service institutional network for governmental use capable of two-way audio, data, and
video transmission as set forth in Ordinance Section 6.05.
The Grantee agrees to provide the City with capital support for public, educational, and
governmental cablecasting an amount equal to fifty thousand ($50,000) dollars for
cablecasting equipment and facilities (the "Capital Contribution") by February 1, 1997. The
City agrees that all amounts paid by the Grantee as the Capital Contribution may be added to
the price of cable services and collected from Grantee's subscribers as "external costs," as
such term is used in 47 C.F.R. 76.922 on the effective date of this franchise. In addition, all
amounts paid as the Capital Contribution may be separately stated on subscribers' Milt as
permitted in 47 C.F.R. 76.985.
Grantee may increase each subscriber's bill by an amount not to exceed ten cents ($.10) per
month per subscriber for recovery of the Capital Contribution. The Capital Contribution will
be payable by the Grantee to the City after (a) the approval of the City to the inclusion of the
[C:\W260\AGREE \ CAB LEFRA.FIN/February 20, 1996) 2
•
•
Capital Contribution on subscribers' bibs, including any required approval pursuant to 47
C.F.R. 76.933; (b) notice to subscribers of the inclusion; and (c) the commencement of
collection of the Capital Contribution by Grantee from its subscribers.
The City hereby agrees that the Capital Contribution will be dedicated solely for public,
educational, and governmental cablecasting facilities and related equipment.
The Grantee hereby agrees to file all necessary bonds, funds, information, fees, and other
information required under the Ordinance.
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.
The Grantee shall have sixty (60) days from the date of adoption of this Franchise to accept
this Franchise. Such acceptance by Grantee shall be deemed the grant of this Franchise for
all purposes, and the effective date of the Franchise shall be the acceptance date. In the
event acceptance does not take place within sixty (60) days or such other time as the City
might allow, this Franchise shall be null and void.
Unless expressly or otherwise agreed between the parties, every notice or response to be
served upon the Grantor or Grantee shall be in writing, and shall be deemed to have been
duly given to the required party five (5) business days after having been posted in a properly
sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a
Post Office or branch thereof regularly maintained by the U.S. Postal Service.
The notices or responses to the Grantor shall be addressed as follows:
City Attorney's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
ATTN: Cable Commission
The notices or responses to the Grantee shall be addressed as follows:
Attn: General Manager
TCI of Northern Iowa
4010 Alexander Drive
Waterloo, Iowa 50702-6118
with copies to:
TCI of Northern Iowa
ATTN: State Manager
2199 Ingersoll Ave
Des Moines, Iowa 50312-5227
[C:\WP60\AGREE\CABLEFRA.F[H/February 20, 1996]
3
and to:
Division Franchising Director
TCI Southeast, Inc.
2204 Lake Shore Drive Suite 325
Birmingham, Alabama 35209
The Grantor and Grantee hereby agree that in the case of any conflict or ambiguity between
this Franchise Agreement and any enabling Agreement in force as of the date hereof, the
terms of this negotiated Agreement shall govern.
In Witness Thereof, the parties have signed this Agreement on z , 19
1996, which shall be the effective date of this Agreement:
CITY OF WATERLOO, IOWA
By:
ATTEST:
Susan Fangman Ci Clerk
STATE OF IOWA )
as.
BLACK HAWK COUNTY )
On this 19th day of February, 1926, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared John R. Rooff and Susan Fangman, to me
personally known, and who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation by authority of its City Council as contained in the
Resolution adopted by the City Council, under Council Action No. jB6.2S/Fof the City
Council on the 19th day of February, 1926, and that John R. Rooff and Susan Fangman
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
[C:\W960\AGREE\CABLEFRA.FIN/February 20, 19963
NIWin and for the State of Iowa
4
W ESTIv1ARC CABLE BOLDING, INC.
DBA TCI OF NORTIIERN IOWA, INC.
By: t 1
STATE OF IOWA
ss.
BLACK HAWK COUNTY
Thomas R. Barberini, Vice President
This instrument was acknowledged before me on A� , 1996, by
Thomas R. Barberini, as Vice President of WestMarc Cable oldH ing, Inc. dba TCI of
Northern Iowa. Inc.
EC;\41P60\AGREE\CABLEFRA.FIN/February 20, 19961
Notary Public in and fo a State of Iowa
5
SY
TCI SOUTHEAST, INC.
ACCEPTANCE OF FRANCHISE
City Attomey's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
Re: Cable Television Franchise Agreement
City of Waterloo, Iowa, and WestMarc Cable Holding, Inc.
Passed and Adopted February 19, 1996
To Whom It May Concern:
We're taking television
into tomorrow.
THOMAS R. BARBERINI
Executive Vice President. COO
Subject to applicable federal and state law, Grantee hereby agrees to
unconditionally comply with the abovementioned Franchise, subject to Paragraph
eight (8) of the Franchise Agreement, dealing with terms and pricing, being deleted in
its entirety.
Please acknowledge receipt of this acceptance by signing and dating in the
space provided below and returning two copies of such acceptance.
Sworn to and subscribed Sincerely,
before me this RA day TCI SOUTHEAST, [NC.
On Behalf Of
, 1996. WestMarc Cable Holding, Inc.
Acceptance received and
acknowledged this
day of , 1996.
THOMAS R. BARBERINI
Vice President, COO
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WALSH, L.L.P.
2204 Lakeshore Drive
Su le 325
Post Otiice Bot 59665 iZip 3525-08c-.
Birmingham AL 35209-6732
(205) 871-0044 ext.303
FAX12051877-8472
A., Equal Ooporrunity Fmoioyer
CrrY of WATERLOO
CABLE TELEVISION FRANCHLSE AGREEMENT
This agreement is made and executed by and between the City of Waterloo, Iowa (City) and
WestMarc Cable Holding, Inc., dba TCI of Northern Iowa, Inc.
Whereas, the City adopted a Cable Television Franchise Ordinance on February 19, 1996
(Ordinance), which authorizes the City to issue a Franchise to operate a cable television
system in the City; and
Whereas, the Grantee holds the existing Franchise; and
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:
The City hereby grants to the Grantee a nonexclusive Franchise to construct, operate, and
maintain a cable television system within the public ways of the City in accordance with the
terms and conditions of this Agreement and the Ordinance. The Franchise shall commence
upon its acceptance by the Grantee and shall extend the current franchise term for a period
of fifteen (15) years expiring on June 30, 2018.
The Grantee hereby agrees to complete a rebuild of its cable system by December 31, 1999.
At least forty percent (40%) shall be completed by December 31, 1997, and eighty percent
(80%) to be completed by December 31, 1998, with the balance of the rebuild to be
completed not later than December 31, 1999. The Grantee shall submit reports to the City
verifying completion of these benchmarks delineating how many subscribers are served by
the upgraded system. In the event that Grantee is prevented or delayed in the performance
of any of its obligations under this Franchise by reasons of acts of God, floods, fire,
tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism,
strikes, sabotage, boycotts, lockouts, labor disputes, shortage of qualified labor, freight
embargoes, shortages or unavailability of materials or supplies, unusually severe weather
conditions, acts or omissions of the City or an other similar event beyond the reasonable
control of the Grantee, the Grantee shall have a reasonable time, under the circumstances to
perform its obligation under this Franchise or to procure a substitute for such obligation
which is subject to the reasonable satisfaction of the City.
Such a rebuild of the system shall have a minimum bandwidth capacity of 77 downstream
video channels and be certified as completed by the City. The City reserves the right to
have an independent engineer audit the system to verify completion.
Following the rebuild referred to herein and provided that said pricing would not conflict
with federal law, Grantee agrees to offer to users in Waterloo subscription terms and pricing
EC:\IW260\AGREE\CABLEFRA.FEN/February 20, 1996]
1
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WAESH I i e
that are reasonably comparable to that offered to Grantee's customers in the City of Cedar
Falls, Iowa.
In the event the Franchising Authority enters into a Franchise, permit, license, authorization
or other agreement of any kind with any other person or entity other than the Grantee to
enter into the Franchising Authority'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
material provisions thereof shall be reasonably comparable to those contained herein, in order
that one operator not be granted an unfair competitive advantage over another and to provide
all parties equal protection under the law.
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.
The Grantee hereby agrees to the provision of cable service to all potential subscribers within
the current corporate City limits with a density of at least ten potential subscribers per 1,320
cable -bearing strand feet (1/4 cable mile). The Grantee also agrees to provide cable service
to all potential subscribers to all future incorporated areas with a density of at least ten
potential subscribers per 1,320 cable -bearing strand feet (1/4 cable mile).
The Grantee hereby agrees that the entire cable system shall include an emergency alert
capability which will permit the City, in times of emergency, to override by remote control
the audio and/or video of all channels simultaneously. The Grantor shall hold the Grantee,
its agents, employees, officers, and assigns hereunder, harmless from any claims arising out
of the emergency use of its facilities by the Grantor, including, but not limited to, attorney's
fees and costs.
The Grantee hereby agrees to provide at least three channels for public, educational and
governmental cabieeasting pursuant to Section 6.06 of Waterloo's Cable Ordinance, a
full -service institutional network for governmental use capable of two-way audio, data, and
video transmission as set forth in Ordinance Section 6.05.
The Grantee agrees to provide the City with capital support for public, educational, and
governmental cablecasting an amount equal to fifty thousand ($50,000) dollars for
cablecasting equipment and facilities (the "Capital Contribution") by February 1, 1997. The
City agrees that all amounts paid by the Grantee as the Capital Contribution may be added to
the price of cable services and collected from Grantee's subscribers as "external costs," as
such term is used in 47 C.F.R. 76.922 on the effective date of this franchise. In addition, all
amounts paid as the Capital Contribution may be separately stated on subscribers' bills as
permitted in 47 C.F.R. 76.985.
Grantee may increase each subscriber's bill by an amount not to exceed ten cents ($.10) per
month per subscriber for recovery of the Capital Contribution.. The Capital Contribution will
be payable by the Grantee to the City after (a) the approval of the City to the inclusion of the
[C:\W'60\AGREE\CABLEFRA.F[N/February 20, 1996) 2
• •
Capital Contribution on subscribers' bills, including any required approval pursuant to 47
C.F.R. 76.933; (b) notice to subscribers of the inclusion; and (c) the commencement of
collection of the Capital Contribution by Grantee from its subscribers.
The City hereby agrees that the Capital Contribution will be dedicated solely for public,
educational, and governmental cab1 rasting facilities and related equipment.
The Grantee hereby agrees to file all necessary bonds, funds, information, fees, and other
information required under the Ordinance.
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.
The Grantee shall have sixty (60) days from the date of adoption of this Franchise to accept
this Franchise. Such acceptance by Grantee shall be deemed the grant of this Franchise for
all purposes, and the effective date of the Franchise shall be the acceptance date. In the
event acceptance does not take place within sixty (60) days or such other time as the City
might allow, this Franchise shall be null and void.
Unless expressly or otherwise agreed between the parties, every notice or response to be
served upon the Grantor or Grantee shall be in writing, and shall be deemed to have been
duly given to the required party five (5) business days after having been posted in a properly
sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a
Post Office or branch thereof regularly maintained by the U.S. Postal Service.
The notices or responses to the Grantor shall be addressed as follows:
City Attorney's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
ATTN: Cable Commission
The notices or responses to the Grantee shall be addressed as follows:
Attn: General Manager
TCI of Northern Iowa
4010 Alexander Drive
Waterloo, Iowa 50702-611 S
with copies to:
TCI of Northern Iowa
ATTN: State Manager
2199 Ingersoll Ave
Des Moines, Iowa 50312-5227
IC:\WP60\AGREE\CABLEFRA.FIN/February 20, 1996]
3
and to:
Division Franchising Director
TCI Southeast, Inc.
2204 Lake Shore Drive Suite 325
Birmingham, Alabama 35209
The Grantor and Grantee hereby agree that in the case of any conflict or ambiguity between
this Franchise Agreement and any enabling Agreement in force as of the date hereof, the
terms of this negotiated Agreement shall govern.
In Witness Thereof, the parties have signed this Agreement on
1996, which shall be the effective date of this Agreement:
ATTEST:
Susan Fangman, Cif j Clerk
STATE OF IOWA
ss.
BLACK HAWK COUNTY )
CITY OF WATERLOO, IOWA
By:
Johr}/R. $toff, Mayor
On this 19th day of February, 199k, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared John R. Rooff and Susan Fangman, to me
personally known, and who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation by authority of its City Council as contained in the
Resolution adopted by the City Council, under Council Action No.%44.7Wof the City
Council on the 19th day of February, 19�6, and that John R. Rooff and Susan Fangman
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
[C:\WP60\AGREE\CA6LEFRA.FIN/February 20, 19961
4
Puj b' ilgYP
GPn and forr the the State of Iowa
WESTMARC CABLE HOLDING, INC.
DBA TCI OF NORTHERN IOWA, INC.
By: <t�2,e"..1f
STATE OF IOWA
ss.
BLACK HAWK COUNTY
Thomas R. Barberini, Vice President
This instrument was acknowledged before me on 1,.� ;1? , 1996, by
Thomas R. Barberini, as Vice President of WestMarc Cable olding. Inc. dba TCI of
)Northern Iowa, Inc.
CC:\VW6o\AGREE\CABLEFRA. FIN/February 20, 19961
Notary Public in and fo e State of Iowa
5
su
• •
rk-1 TCI SOUTHEAST. INC.
ACCEPTANCE OF FRANCHISE
City Attomey's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
Re: Cable Television Franchise Agreement
City of Waterloo, Iowa, and WestMarc Cable Holding, Inc.
Passed and Adopted February 19, 1996
To Whom It May Concern:
We're taking Television
into tomorrow.
THOMAS R. BARBERJM
Executive Vice President, COO
Subject to applicable federal and state law, Grantee hereby agrees to
unconditionally comply with the abovementioned Franchise, subject to Paragraph
eight (8) of the Franchise Agreement, dealing with terms and pricing, being deleted in
its entirety.
Please acknowledge receipt of this acceptance by signing and dating in the
space provided below and returning two copies of such acceptance.
Sworn to and subscribed
Sincerely,
before me this !K day ICI SOUTHEAST, INC.
OnBehalf Of
of �{�2(,� , 1996. WestMarc Cable Holding, Inc.
Acceptance received and
acknowledged this A64h
day of ill �- , 1996.
THOMAS R. BARBERINI
Vice President, COO
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WALSH, L.L.P.
2204 Lakeshore Drive
Suite 325
Post Office Box 56865 !Z p 35258-03€'r .
Birmingham AL 35209-6732
t205) 871-0044 ext. 303
FAX 1205) 877-8472
A. Eguar Doporruniry Emo oyer
CrrY OF WATERLOO
CABLE TELEVISION FRANCHISE AGREEMENT
This agreement is made and executed by and between the City of Waterloo, Iowa (City) and
WestMarc Cable Holding, Inc., dba TCI of Northern Iowa, Inc.
Whereas, the City adopted a Cable Television Franchise Ordinance on February 19, 1996
(Ordinance), which authorizes the City to issue a Franchise to operate a cable television
system in the City; and
Whereas, the Grantee holds the existing Franchise; and
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:
The City hereby grants to the Grantee a nonexclusive Franchise to construct, operate, and
maintain a cable television system within the public ways of the City in accordance with the
terms and conditions of this Agreement and the Ordinance. The Franchise shall commence
upon its acceptance by the Grantee and shall extend the current franchise term for a period
of fifteen (15) years expiring on June 30, 2018.
The Grantee hereby agrees to complete a rebuild of its cable system by December 31, 1999.
At least forty percent (40%) shall be completed by December 31, 1997, and eighty percent
(80%) to be completed by December 31, 1998, with the balance of the rebuild to be
completed not later than December 31, 1999. The Grantee shall submit reports to the City
verifying completion of these benchmarks delineating how many subscribers are served by
the upgraded system. In the event that Grantee is prevented or delayed in the performance
of any of its obligations under this Franchise by reasons of acts of God, floods, fire,
tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism,
strikes, sabotage, boycotts, lockouts, labor disputes, shortage of qualified labor, freight
embargoes, shortages or unavailability of materials or supplies, unusually severe weather
conditions, acts or omissions of the City or an other similar event beyond the reasonable
control of the Grantee, the Grantee shall have a reasonable time, under the circumstances to
perform its obligation under this Franchise or to procure a substitute for such obligation
which is subject to the reasonable satisfaction of the City.
Such a rebuild of the system shall have a minimum bandwidth capacity of 77 downstream
video channels and be certified as completed by the City. The City reserves the right to
have an independent engineer audit the system to verify completion.
Following the rebuild referred to herein and provided that said pricing would not conflict
with federal law, Grantee agrees to offer to users in Waterloo subscription terms and pricing
(C:\WP60\AGREE\CABLEFRA.FIN/February 20, 1996]
a
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WA! CH I i ❑
that are reasonably comparable to that offered to Grantee's customers in the City of Cedar
Falls, Iowa.
In the event the Franchising Authority enters into a Franchise, permit, license, authorization
or other agreement of any kind with any other person or entity other than the Grantee to
enter into the Franchising Authority'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
material provisions thereof shall be reasonably comparable to those contained herein, in order
that one operator not be granted an unfair competitive advantage over another and to provide
all parties equal protection under the law.
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.
The Grantee hereby agrees to the provision of cable service to all potential subscribers within
the current corporate City limits with a density of at least ten potential subscribers per 1,320
cable -bearing strand feet (1/4 cable mile). The Grantee also agrees to provide cable service
to all potential subscribers to all future incorporated areas with a density of at least ten
potential subscribers per 1,320 cable -bearing strand feet (1/4 cable mile).
The Grantee hereby agrees that the entire cable system shall include an emergency alert
capability which will permit the City, in times of emergency, to override by remote control
the audio and/or video of all channels simultaneously. The Grantor shall hold the Grantee,
its agents, employees, officers, and assigns hereunder, harmless from any claims arising out
of the emergency use of its facilities by the Grantor, including, but not limited to, attomey's
fees and costs.
The Grantee hereby agrees to provide at least three channels for public, educational and
governmental cablecasting pursuant to Section 6.06 of Waterloo's Cable Ordinance, a
full -service institutional network for governmental use capable of two-way audio, data, and
video transmission as set forth in Ordinance Section 6.05.
The Grantee agrees to provide the City with capital support for public, educational, and
governmental cablecasting an amount equal to fifty thousand ($50,000) dollars for
cablecasting equipment and facilities (the "Capital Contribution") by February 1, 1997. The
City agrees that all amounts paid by the Grantee as the Capital Contribution may be added to
the price of cable services and collected from Grantee's subscribers as "external costs," as
such term is used in 47 C.F.R. 76.922 on the effective date of this franchise. In addition, all
amounts paid as the Capital Contribution may be separately stated on subscribers' bills as
permitted in 47 C.F.R. 76.985.
Grantee may increase each subscriber's bill by an amount not to exceed ten cents ($.10) per
month per subscriber for recovery of the Capital Contribution.. The Capital Contribution will
be payable by the Grantee to the City after (a) the approval of the City to the inclusion of the
Er: \W 60\AGREE\CABLEFRA.FIN/February 20, 1996) 2
Capital Contribution on subscribers' bills, including any required approval pursuant to 4'7
C.F.R. 76.933; (b) notice to subscribers of the inclusion; and (c) the commencement of
collection of the Capital Contribution by Grantee from its subscribers.
The City hereby agrees that the Capital Contribution will be dedicated solely for public,
educational, and governmental cablecasting facilities and related equipment.
The Grantee hereby agrees to file all necessary bonds, funds, information, fees, and other
information required under the Ordinance.
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.
The Grantee shall have sixty (60) days from the date of adoption of this Franchise to accept
this Franchise. Such acceptance by Grantee shall be deemed the grant of this Franchise for
all purposes, and the effective date of the Franchise shall be the acceptance date. In the
event acceptance does not take place within sixty (60) days or such other time as the City
might allow, this Franchise shall be null and void.
Unless expressly or otherwise agreed between the parties, every notice or response to be
served upon the Grantor or Grantee shall be in writing, and shall be deemed to have been
duly given to the required party five (5) business days after having been posted in a properly
sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a
Post Office or branch thereof regularly maintained by the U.S. Postal Service.
The notices or responses to the Grantor shall be addressed as follows:
City Attorney's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
ATI'N: Cable Commission
The notices or responses to the Grantee shall be addressed as follows:
Attn: General Manager
TCI of Northern Iowa
4010 Alexander Drive
Waterloo, Iowa 50702-6118
with copies to:
TCI of Northern Iowa
ATTN: State Manager
2199 Ingersoll Ave
Des Moines, Iowa 50312-5227
[C:\WP60\AGREE\CABLEFRA. F IR/February 20, 1996]
3
and to: Division Franchising Director
TCI Southeast, Inc.
2204 Lake Shore Drive Suite 325
Birmingham, Alabama 35209
The Grantor and Grantee hereby agree that in the case of any conflict or ambiguity between
this Franchise Agreement and any enabling Agreement in force as of the date hereof, the
terms of this negotiated Agreement shall govern.
In Witness Thereof, the parties have signed this Agreement on
1996, which shall be the effective date of this Agreement.
ATTEST:
Susan Fangman, Ci Clerk
STAI'h OF IOWA
ss.
BLACK HAWK COUNTY )
CITY OF WATERLOO, IOWA
By:
Joh1YR. Rooff, Mayor
i9
On this 19th day of February, 1996, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared John R. Rooff and Susan Fangman, to me
personally known, and who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation by authority of its City Council as contained in the
Resolution adopted by the City Council, under Council Action No.f0ka of the City
Council on the 19th day of February, 196., and that John R. Rooff and Susan Fangman
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Kota. pm and for the State of Iowa
[C:\WP60\AGREE\CABLEFRA.F1N/February 20, 19963 4
WESTIvIARC CABLE HOLDING, INC.
DBA TCI OF NORTHERN IOWA, INC.
By: /a:A.,L1.
Thomas R. Barberini, Vice President
STATE OF IOWA )
ss.
BLACK HAWK COUNTY nn
This instrument was acknowledged before me on WA of , 1996, by
Thomas R. Barberini, as Vice President of WestMarc Cable holding. Inc. dba TCI of
Northern Iowa. Inc.
(C;\WP6O\AGREE\CABLEFRA.FIN/February 29, 19963
Notary Public in and fo
5
e State of Iowa
5�S`I TC1 SOUTHEAST, INC.
ACCEPTANCE OF FRANCHISE
City Attorney's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
Re: Cable Television Franchise Agreement
City of Waterloo, Iowa, and WestMarc Cable Holding, Inc.
Passed and Adopted February 19, 1996
To Whom It May Concern:
We're taking television
into tomorrow.
THOMAS R. BARBERIN1
Executive Vice President, COO
Subject to applicable federal and state law, Grantee hereby agrees to
unconditionally comply with the abovementioned Franchise, subject to Paragraph
eight (8) of the Franchise Agreement, dealing with terms and pricing, being deleted in
its entirety.
Please acknowledge receipt of this acceptance by signing and dating in the
space provided below and returning two copies of such acceptance.
Sworn to and subscribed Sincerely,
before me this JK day TCI SOUTHEAST, INC.
On Behalf Of
, 1996. WestMarc Cable Holding, Inc.
Acceptance received and
acknowledged this Ao fh
day of iila y- , 1996.
THOMAS R. BARBERINI
Vice President, COO
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WALSH, L.L.P.
2204 Lakeshore Drive
Suite 325
Post Office Box 59365 35259-03-..
Birmingham AL 35209-6732
12051 871-0044 ext. 303
FAX12051877-8472
A,, Equal t7Dp0rruni v Erno'yer
CITY OF WATERLOO
CABLE TELEVISION FRANCHISE AGREEMENT
This agreement is made and executed by and between the City of Waterloo, Iowa (City) and
WestMarc Cable Holding, Inc., dba TCI of Northern Iowa, Inc.
Whereas, the City adopted a Cable Television Franchise Ordinance on February 19, 1996
(Ordinance), which authorizes the City to issue a Franchise to operate a cable television
system in the City; and
Whereas, the Grantee holds the existing Franchise; and
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:
The City hereby grants to the Grantee a nonexclusive Franchise to construct, operate, and
maintain a cable television system within the public ways of the City in accordance with the
terms and conditions of this Agreement and the Ordinance. The Franchise shall commence
upon its acceptance by the Grantee and shall extend the current franchise term for a period
of fifteen (15) years expiring on June 30, 2018.
The Grantee hereby agrees to complete a rebuild of its cable system by December 31, 1999.
At least forty percent (40%) shall be completed by December 31, 1997, and eighty percent
(80%) to be completed by December 31, 1998, with the balance of the rebuild to be
completed not later than December 31, 1999. The Grantee shall submit reports to the City
verifying completion of these benchmarks delineating how many subscribers are served by
the upgraded system. In the event that Grantee is prevented or delayed in the performance
of any of its obligations under this -Franchise by reasons of acts of God, floods, fire,
tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism,
strikes, sabotage, boycotts, lockouts, labor disputes, shortage of qualified labor, freight
embargoes, shortages or unavailability of materials or supplies, unusually severe weather
conditions, acts or omissions of the City or an other similar event beyond the reasonable
control of the Grantee, the Grantee shall have a reasonable time, under the circumstances to
perform its obligation under this Franchise or to procure a substitute for such obligation
which is subject to the reasonable satisfaction of the City.
Such a rebuild of the system shall have a minimum bandwidth capacity of 77 downstream
video channels and be certified as completed by the City. The City reserves the right to
have an independent engineer audit the system to verify completion.
Following the rebuild referred to herein and provided that said pricing would not conflict
with federal law, Grantee agrees to offer to users in Waterloo subscription terms and pricing
(C:\WP60\AGREE\CABLEFRA.FIN/February 20, 1906]
1
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WAr s1-1 1 i 13
that are reasonably comparable to that offered to Grantee's customers in the City of Cedar
Falls, Iowa.
In the event the Franchising Authority enters into a Franchise, permit, license, authorization
or other agreement of any kind with any other person or entity other than the Grantee to
enter into the Franchising Authority'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
material provisions thereof shall be reasonably comparable to those contained herein, in order
that one operator not be granted an unfair competitive advantage over another and to provide
all parties equal protection under the law.
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.
The Grantee hereby agrees to the provision of cable service to all potential subscribers within
the current corporate City limits with a density of at least ten potential subscribers per 1,320
cable -bearing strand feet (1/4 cable mile). The Grantee also agrees to provide cable service
to all potential subscribers to all future incorporated areas with a density of at least ten
potential subscribers per 1,320 cable -bearing strand feet (1/4 cable mile).
The Grantee hereby agrees that the entire cable system shall include an emergency alert
capability which will permit the City, in times of emergency, to override by remote control
the audio and/or video of all channels simultaneously. The Grantor shall hold the Grantee,
its agents, employees, officers, and assigns hereunder, harmless from any claims arising out
of the emergency use of its facilities by the Grantor, including, but not limited to, attorney's
fees and costs.
The Grantee hereby agrees to provide at least three channels for public, educational and
governmental cablerasting pursuant to Section 6.06 of Waterloo's Cable Ordinance, a
full -service institutional network for governmental use capable of two-way audio, data, and
video transmission as set forth in Ordinance Section 6.05.
The Grantee agrees to provide the City with capital support for public, educational, and
governmental cablerasting an amount equal to fifty thousand ($50,000) dollars for
cablecasting equipment and facilities (the "Capital Contribution") by February 1, 1997. The
City agrees that all amounts paid by the Grantee as the Capital Contribution may be added to
the price of cable services and collected from Grantee's subscribers as "external costs," as
such term is used in 47 C.F.R. 76.922 on the effective date of this franchise. In addition, all
amounts paid as the Capital Contribution may be separately stated on subscribers' bills as
permitted in 47 C.F.R. 76.985.
Grantee may increase each subscriber's bill by an amount not to exceed ten cents ($.10) per
month per subscriber for recovery of the Capital Contribution.. The Capital Contribution will
be payable by the Grantee to the City after (a) the approval of the City to the inclusion of the
[c:\NP60\AGREE\CA5LEFRA.FIN/February 20, 19962 2
• •
Capital Contribution on subscribers' bills, including any required approval pursuant to 47
C.F.R. 76.933; (b) notice to subscribers of the inclusion; and (c) the commencement of
collection of the Capital Contribution by Grantee from its subscribers..
The City hereby agrees that the Capital Contribution will be dedicated solely for public,
educational, and governmental cablecasting facilities and related equipment.
The Grantee hereby agrees to file all necessary bonds, funds, information, fees, and other
information required under the Ordinance.
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.
The Grantee shall have sixty (60) days from the date of adoption of this Franchise to accept
this Franchise. Such acceptance by Grantee shall be deemed the grant of this Franchise for
all purposes, and the effective date of the Franchise shall be the acceptance date. In the
event acceptance does not take place within sixty (60) days or such other time as the City
might allow, this Franchise shall be null and void.
Unless expressly or otherwise agreed between the parties, every notice or response to be
served upon the Grantor or Grantee shall be in writing, and shall be deemed to have been
duly given to the required party five (5) business days after having been posted in a properly
sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a
Post Office or branch thereof regularly maintained by the U.S. Postal Service.
The notices or responses to the Grantor shall be addressed as follows:
City Attorney's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
ATTN: Cable Commission
The notices or responses to the Grantee shall be addressed as follows:
Attn: General Manager
TCI of Northern Iowa
4010 Alexander Drive
Waterloo, Iowa 50702-6118
with copies to:
TCI of Northern Iowa
ATTN: State Manager
2199 Ingersoll Ave
Des Moines, Iowa 50312-5227
IC: WP60\AGREE\CABLEFRA. F IN/February 20, 1996)
3
and to: Division Franchising Director
TCI Southeast, Inc.
2204 Lake Shore Drive Suite 325
Birmingham, Alabama 35209
The Grantor and Grantee hereby agree that in the case of any conflict or ambiguity between
this Franchise Agreement and any enabling Agreement in force as of the date hereof, the
terms of this negotiated Agreement shall govern.
In Witness Thereof, the parties have signed this Agreement on
1996, which shall be the effective date of this Agreement.
ATTEST:
Susan Fangman, Cif Clerk
STATE OF IOWA
}
BLACK HAWK COUNTY )
SS.
CITY OF WATERLOO, IOWA
By:
Johoff, Mayor
Iq
On this 19th day of February, 1926, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared John R. Rooff and Susan Fangman, to me
personally Irnown, and who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation by authority of its City Council as contained in the
Resolution adopted by the City Council, under Council Action No./t '79 'of the City
Council on the 19th day of February, 1996, and that John R. Rooff and Susan Fangman
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
IC:\HP60\AGREE\CABLEFRA.FIN/February 20, 19962
NNotat Publi in and for the State of Iowa
4
WESTMARC CABLE HOLDING, INC.
DBA TCI OF NORTHERN IOWA, INC.
By:
Thomas R. Barberini, Vice President
STA1"h OF IOWA )
ss.
BLACK HAWK COUNTY )
This instrument was acknowledged before me on O �� , 1996, by
Thomas R. Barberini, as Vice President of WestMarc Cable olding. Inc. dba TCI of
Northern Iowa. Inc.
(C:\4JP6U\AGREE\CABLEFRA.FIN/February 20, 19961
Notary Public in and fo e State of Iowa
5
511
TCI SOUTHEAST, INC.
ACCEPTANCE OF FRANCHISE
City Attomey's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
Re: Cable Television Franchise Agreement
City of Waterloo, Iowa, and WestMarc Cable Holding, Inc.
Passed and Adopted February 19, 1996
To Whom It May Concern:
We're taking television
into tomorrow.
THOMAS R. BARBERINI
Executive Vice President, COO
Subject to applicable federal and state law, Grantee hereby agrees to
unconditionally comply with the abovementioned Franchise, subject to Paragraph
eight (8) of the Franchise Agreement, dealing with terms and pricing, being deleted in
its entirety.
Please acknowledge receipt of this acceptance by signing and dating in the
space provided below and returning two copies of such acceptance.
Sworn to and subscribed
before me this / day
f
1996.
Acceptance received and
acknowledged this Ad 'h
day of ilia , 1996.
Sincerely,
T C I SOUTHEAST, INC.
On Behalf Of
WestMarc Cable Holding, Inc.
THOMAS R. BARBERINI
Vice President, COO
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WALSH, L.L.P.
2204 Lakeshore Drive
Sune 325
Post Office Boa 59365 ;Ztp 3525-09c-..
Birmingham AL 35209-6732
205) 871-0044 ext.303
FAX 1205) 877-8472
Ap Equat Opportunity Fmnroyar
CITY OF WATERLOO
CABLE TELEVISION FRANCHISE AGREEMENT
This agreement is made and executed by and between the City of Waterloo, Iowa (City) and
WestMarc Cable Holding, Inc., dba TCI of Northern Iowa, Inc.
Whereas, the City adopted a Cable Television Franchise Ordinance on February 19, 1996
(Ordinance), which authorizes the City to issue a Franchise to operate a cable television
system in the City; and
Whereas, the Grantee holds the existing Franchise; and
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:
The City hereby grants to the Grantee a nonexclusive Franchise to construct, operate, and
maintain a cable television system within the public ways of the City in accordance with the
terms and conditions of this Agreement and the Ordinance. The Franchise shall commence
upon its acceptance by the Grantee and shall extend the current franchise term for a period
of fifteen (15) years expiring on June 30, 2018.
The Grantee hereby agrees to complete a rebuild of its cable system by December 31, 1999.
At least forty percent (40%) shall be completed by December 31, 1997, and eighty percent
(80%) to be completed by December 31, 1998, with the balance of the rebuild to be
completed not later than December 31, 1999. The Grantee shall submit reports to the City
verifying completion of these benchmarks delineating how many subscribers are served by
the upgraded system. In the event that Grantee is prevented or delayed in the performance
of any of its obligations under this Franchise by reasons of acts of God, floods, fire,
tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism,
strikes, sabotage, boycotts, lockouts, labor disputes, shortage of qualified labor, freight
embargoes, shortages or unavailability of materials or supplies, unusually severe weather
conditions, acts or omissions of the City or an other similar event beyond the reasonable
control of the Grantee, the Grantee shall have a reasonable time, under the circumstances to
perform its obligation under this Franchise or to procure a substitute for such obligation
which is subject to the reasonable satisfaction of the City.
Such a rebuild of the system shall have a minimum bandwidth capacity of 77 downstream
video channels and be certified as completed by the City. The City reserves the right to
have an independent engineer audit the system to verify completion.
Following the rebuild referred to herein and provided that said pricing would not conflict
with federal law, Grantee agrees to offer to users in Waterloo subscription terms and pricing
EC;\WP60\AGREE\CASLEFRA. FIM/February 20, 1996]
a
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WAI CH I r o
cr,.-
a-piaaraA
that are reasonably comparable to that offered to Grantee's customers in the City of Cedar
Falls, Iowa.
In the event the Franchising Authority enters into a Franchise, permit, license, authorization
or other agreement of any kind with any other person or entity other than the Grantee to
enter into the Franchising Authority'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
material provisions thereof shall be reasonably comparable to those contained herein, in order
that one operator not be granted an unfair competitive advantage over another and to provide
all parties equal protection under the law.
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.
The Grantee hereby agrees to the provision of cable service to all potential subscribers within
the current corporate City limits with a density of at least ten potential subscribers per 1,320
cable -bearing strand feet (1/4 cable mile). The Grantee also agrees to provide cable service
to all potential subscribers to all future incorporated areas with a density of at least ten
potential subscribers per 1,320 cable -bearing strand feet (1/4 cable mile).
The Grantee hereby agrees that the entire cable system shall include an emergency alert
capability which will permit the City, in times of emergency, to override by remote control
the audio and/or video of all channels simultaneously. The Grantor shall hold the Grantee,
its agents, employees, officers, and assigns hereunder, harmless from any claims arising out
of the emergency use of its facilities by the Grantor, including, but not limited to, attorney's
fees and costs.
The Grantee hereby agrees to provide at least three channels for public, educational and
governmental cablerasting pursuant to Section 6.06 of Waterloo's Cable Ordinance, a
full -service institutional network for governmental use capable of two-way audio, data, and
video transmission as set forth in Ordinance Section 6.05.
The Grantee agrees to provide the City with capital support forpublic, educational, and
governmental cablerasting an amount equal to fifty thousand ($50,000) dollars for
cablerasting equipment and facilities (the "Capital Contribution") by February 1, 1997. The
City agrees that all amounts paid by the Grantee as the Capital Contribution may be added to
the price of cable services and collected from Grantee's subscribers as "external costs," as
such term is used in 47 C.F.R. 76.922 on the effective date of this franchise. In addition, all
amounts paid as the Capital Contribution may be separately stated on subscribers' bills as
permitted in 47 C.F.R. 76.985.
Grantee may increase each subscriber's bill by an amount not to exceed ten cents ($.10) per
month per subscriber for recovery of the Capital Contribution.. The Capital Contribution will
be payable by the Grantee to the City after (a) the approval of the City to the inclusion of the
[C:\WP60\AGREE\CABLEFRA.FUN/February 20, 1996] 2
•
•
Capital Contribution on subscriber' bills, including any required approval pursuant to 47
C.F.R. 76.933; (h) notice to subscribers of the inclusion; and (c) the commencement of
collection of the Capital Contribution by Grantee from its subscribers.
The City hereby agrees that the Capital Contribution will be dedicated solely for public,
educational, and governmental cablecasting facilities and related equipment.
The Grantee hereby agrees to file all necessary bonds, funds, information, fees, and other
information required under the Ordinance.
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.
The Grantee shall have sixty (60) days from the date of adoption of this Franchise to accept
this Franchise. Such acceptance by Grantee shall be deemed the grant of this Franchise for
all purposes, and the effective date of the Franchise shall be the acceptance date. In the
event acceptance does not take place within sixty (60) days or such other time as the City
might allow, this Franchise shall be null and void.
Unless expressly or otherwise agreed between the parties, every notice or response to be
served upon the Grantor or Grantee shall be in writing, and shall be deemed to have been
duly given to the required party five (5) business days after having been posted in a properly
sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a
Post Office or branch thereof regularly maintained by the U.S. Postal Service.
The notices or responses to the Grantor shall be addressed as follows:
City Attorney's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
ATTN: Cable Commission
The notices or responses to the Grantee shall be addressed as follows:
Attn: General Manager
TCI of Northern Iowa
4010 Alexander Drive
Waterloo, Iowa 50702-6118
with copies to:
TCI of Northern Iowa
ATTN: State Manager
2199 Ingersoll Ave
Des Moines, Iowa 50312-5227
(C:\IIP60\AGREE\CABLEFRA. FI N/February 20, 19961
3
and to:
Division Franchising Director
TCI Southest, Inc.
2204 Lake Shore Drive Suite 325
Birmingham, Alabama 35209
The Grantor and Grantee hereby agree that in the case of any conflict or ambiguity between
this Franchise Agreement and any enabling Agreement in force as of the date hereof, the
terms of this negotiated Agreement shall govern.
In Witness Thereof, the parties have signed this Agreement on
1996, which shall be the effective date of this Agreement.
ATTEST:
STATE OF IOWA
)
ss.
CITY OF WATERLOO, IOWA
By:
Joh R_ ' • off, Mayor
BLACK HAWK COUNTY )
the undersigned, a NotaryPublic in
On this 19th day of February, 1996, before me, g , and for the State of Iowa, personally appeared John R. Rooff and Susan Fangman, to me
personally known, and who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation by authority of its City Council as contained in the
Resolution adopted by the City Council, under Council Action No./Okw75/Fof the City
Council on the 19th day of February, 192, and that John R. Rooff and Susan Fangman
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
[C:\WP60\AGREE\CABLEFRA. FIN/February 20, 1996)
NCpm and for the State of Iowa
4
WFSTMARC CABLE HOLDING, INC.
DBA TCI OF NORTHERN IOWA, INC.
•
By:.r
STATE OF IOWA
ss.
BLACK HAWK COUNTY
Thomas R. Barberini, Vice President
This instrument was acknowledged before me on A?, , 1996, by
Thomas R. Barberini, as Vice President of WestMarc Cable olding, Inc. dba TCI of
Northern Iowa, Inc.
EC:\WP60\AGREE\CABLEFRA. FIH/February 20, 19967
crti_ iJ
Notary Public in and fo e State of Iowa
5
5Y
s •
TCI SOUTHEAST, INC.
ACCEPTANCE OF FRANCHISE
City Attomey's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
Re: Cable Television Franchise Agreement
City of Waterloo, Iowa, and WestMarc Cable Holding, Inc.
Passed and Adopted February 19, 1996
We're raking Television
into tomorrow.
THOMAS R. BARBERINI
Executive Vice President. COO
To Whom It May Concern:
Subject to applicable federal and state law, Grantee hereby agrees to
unconditionally comply with the abovementioned Franchise, subject to Paragraph
eight (8) of the Franchise Agreement, dealing with terms and pricing, being deleted in
its entirety.
Please acknowledge receipt of this acceptance by signing and dating in the
space provided below and returning two copies of such acceptance.
Sworn to and subscribed
before me this in — day
1996.
Acceptance received and
acknowledged this Arlh
day of May- , 1996.
Sincerely,
TCI SOUTHEAST, INC.
On Behalf Of
WestMarc Cable Holding, Inc.
THOMAS R. BARBERINI
Vice President, COO
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WALSH, L.L.P.
2204 Lakeshore Drive
Suite 325
Post Cake 8oi 59365 35258-05-..
Birmingham AL 35209-6732
(205) 871-0044 ext. 303
FAX 1205) 877-8472
Al Equal Ooporfunily FmpbyPr
CITY OF WATERLOO
CABLE TELEVISION FRANCHISE AGREEMENT
This agreement is made and executed by and between the City of Waterloo, Iowa (City) and
WestMarc Cable Holding, Inc., dba TCI of Northern Iowa, Inc.
Whereas, the City adopted a Cable Television Franchise Ordinance on February 19, 1996
(Ordinance), which authorizes the City to issue a Franchise to operate a cable television
system in the City; and
Whereas, the Grantee holds the existing Franchise; and
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:
The City hereby grants to the Grantee a nonexclusive Franchise to construct, operate, and
maintain a cable television system within the public ways of the City in accordance with the
terms and conditions of this Agreement and the Ordinance. The Franchise shall commence
upon its acceptance by the Grantee and shall extend the current franchise term for a period
of fifteen (15) years expiring on June 30, 2018.
The Grantee hereby agrees to complete a rebuild of its cable system by December 31, 1999.
At least forty percent (40%) shall be completed by December 31, 1997, and eighty percent
(80%) to be completed by December 31, 1998, with the balance of the rebuild to be
completed not later than December 31, 1999. The Grantee shall submit reports to the City
verifying completion of these benchmarks delineating how many subscribers are served by
the upgraded system. In the event that Grantee is prevented or delayed in the performance
of any of its obligations under this Franchise by reasons of acts of God, floods, fire,
tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism,
strikes, sabotage, boycotts, lockouts, labor disputes, shortage of qualified labor, freight
embargoes, shortages or unavailability of materials or supplies, unusually severe weather
conditions, acts or omissions of the City or an other similar event beyond the reasonable
control of the Grantee, the Grantee shall have a reasonable time, under the circumstances to
perform its obligation under this Franchise or to procure a substitute for such obligation
which is subject to the reasonable satisfaction of the City.
Such a rebuild of the system shall have a minimum bandwidth capacity of 77 downstream
video channels and be certified as completed by the City. The City reserves the right to
have an independent engineer audit the system to verify completion.
Following the rebuild refexirzl to herein and provided that said pricing would not conflict
with federal law, Grantee agrees to offer to users in Waterloo subscription terms and pricing
[C7\NP6Q\AGREE\CABLEFRA. FIN/February 20, 1996]
1
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WAI Sk i i n
that are reasonably comparable to that offered to Grantee's customers in the City of Cedar
Falls, Iowa.
In the event the Franchising Authority enters into a Franchise, permit, license, authorization
or other agreement of any kind with any other person or entity other than the Grantee to
enter into the Franchising Authority'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
material provisions thereof shall be reasonably comparable to those contained herein, in order
that one operator not be granted an unfair competitive advantage over another and to provide
all parties equal protection under the law.
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.
The Grantee hereby agrees to the provision of cable service to all potential subscribers within
the current corporate City limits with a density of at least ten potential subscribers per 1,320
cable -bearing strand feet (1/4 cable mile). The Grantee also agrees to provide cable service
to all potential subscribers to all future incorporated areas with a density of at least ten
potential subscribers per 1,320 cable -bearing strand feet (1/4 cable mile).
The Grantee hereby agrees that the entire cable system shall include an emergency alert
capability which will permit the City, in times of emergency, to override by remote control
the audio and/or video of all channels simultaneously. The Grantor shall hold the Grantee,
its agents, employees, officers, and assigns hereunder, harmless from any claims arising out
of the emergency use of its facilities by the Grantor, including, but not limited to, attorney's
fees and costs.
The Grantee hereby agrees to provide at least three channels for public, educational and
govemmental cablrfasting pursuant to Section 6.06 of Waterloo's Cable Ordinance, a
full -service institutional network for governmental use capable of two-way audio, data, and
video transmission as set forth in Ordinance Section 6.05.
The Grantee agrees to provide the City with capital support forpublic, educational, and
governmental cablerasting an amount equal to fifty thousand ($50,000) dollars for
cabke(12sting equipment and facilities (the "Capital Contribution") by February 1, 1997. The
City agrees that all amounts paid by the Grantee as the Capital Contribution may be added to
the price of cable services and collected from Grantee's subscribers as "external costs," as
such term is used in 47 C.F.R. 76.922 on the effective date of this franchise. In addition, all
amounts paid as the Capital Contribution may be separately stated on subscribers' bills as
permitted in 47 C.F.R. 76.985.
Grantee may increase each subscriber's bill by an amount not to exceed ten cents ($.10) per
month per subscriber for recovery of the Capital Contribution. - The Capital Contribution will
be payable by the Grantee to the City after (a) the approval of the City to the inclusion of the
[C:\NP60\AGREE \CABLEFRA.FIN/ February 20, 19961 2
• •
Capital Contribution on subscriber' bills, including any required approval pursuant to 47
C.F.R. 76.933; (b) notice to subscribers of the inclusion; and (c) the commencement of
collection of the Capital Contribution by Grantee from its subscribers.
The City hereby agrees that the Capital Contribution will be dedicated solely for public,
educational, and governmental cab1 casting facilities and related equipment.
The Grantee hereby agrees to file all necessary bonds, funds, information, fees, and other
information required under the Ordinance.
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.
The Grantee shall have sixty (60) days from the date of adoption of this Franchise to accept
this Franchise. Such arreptance by Grantee shall be deemed the grant of this Franchise for
all purposes, and the effective date of the Franchise shall be the acceptance date. In the
event acceptance does not take place within sixty (60) days or such other time as the City
might allow, this Franchise shall be null and void.
Unless expressly or otherwise agreed between the parties, every notice or response to be
served upon the Grantor or Grantee shall be in writing, and shall be deemed to have been
duly given to the required party five (5) business days after having been posted in a properly
sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a
Post Office or branch thereof regularly maintained by the U.S. Postal Service.
The notices or responses to the Grantor shall be addressed as follows:
City Attorney's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
ATTN: Cable Commission
The notices or responses to the Grantee shall be addressed as follows:
Attn: General Manager
TCI of Northern Iowa
4010 Alexander Drive
Waterloo, Iowa 50702-6118
with copies to:
TCI of Northern Iowa
ATTN: State Manager
2199 Ingersoll Ave
Des Moines, Iowa 50312-5227
[C:\NP60\AGREE\CABLEFRA.FIH/February 20, 19967
3
and to:
Division Franchising Director
TCI Southeast, Inc.
2204 Lake Shore Drive Suite 325
Birmingham, Alabama 35209
The Grantor and Grantee hereby agree that in the case of any conflict or ambiguity between
this Franchise Agreement and any enabling Agreement in force as of the date hereof, the
terms of this negotiated Agreement shall govern.
In Witness Thereof, the parties have signed this Agreement on
1996, which shall be the effective date of this Agreement.
CITY OF WATERLOO, IOWA
By:
ATTEST:
Susan Fangman, Cif Clerk
Joh R. ' • off, Mayor
STATE OF IOWA )
} ss.
BLACK HAWK COUNTY )
On this l9th clay of February, 1996, before me, the undersigned, a Notary Public in
and for the Stateof Iowa, personally appeared John R. Rooff and Susan Fangman, to me
personally known, and who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation by authority of its City Council as contained in the
Resolution adopted by the City Council, under Council Action No./®6�5/Fof the City
Council on the 19th day of February, 1916, and that John R. Rooff and Susan Fangman
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
[C:\WP60\AGREE\CABLEFRA.FIR/February 20, 19963
NCota p m and for the State of Iowa
4
WESTMARC CABLE HOLDING, INC.
DBA TCI OF NORTHERN IOWA, INC.
By:
STATE OF IOWA
ss.
BLACK HAWK COUNTY
Thomas R. Barberini, Vice President
This instrument was acknowledged before me on aoldil—i , 1996, by
Thomas R. Barberini, as Vice President of WestMarc Cable ing. Inc. dba TCI of
Northern Iowa, Inc.
CC:\WP60\AGREE\CABLEFRA.FIN/February 20, 19961
0-Aft-el-A-) Qr. bjeli-rit.anJ
Notary Public in and fo a State of Iowa
5
su
TC SOUTHEAST, INC.
ACCEPTANCE OF FRANCHISE
City Attomey's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
•
Re: Cable Television Franchise Agreement
City of Waterloo, Iowa, and WestMarc Cable Holding, Inc.
Passed and Adopted February 19, 1996
To Whom It May Concern:
We're taking television
into tomorrow.
THOMAS R. BARBERINI
Executive Vice President. COO
Subject to applicable federal and state law, Grantee hereby agrees to
unconditionally comply with the abovementioned Franchise, subject to Paragraph
eight (8) of the Franchise Agreement, dealing with terms and pricing, being deleted in
its entirety.
Please acknowledge receipt of this acceptance by signing and dating in the
space provided below and returning two copies of such acceptance.
Sworn to and subscribed
Sincerely,
before me this JK day MI SOUTHEAST, INC.
On Behalf Of
1996. WestMarc Cable Holding, Inc.
f
Acceptance received and
acknowledged this se
day of /7/at , 1996.
THOMAS R. BARBERINI
Vice President, COO
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WALSH, L.L.P.
2204 Lakeshore Drive
Suite 325
Post Oliice Boi 59865 iZip 35259-09c-..
Birmingham AL 35209-6732
(205) 871-0044 ext. 303
FAX i205) 877-8472
Aa Equar Doporrunity Emnioyer
CITY OF WATERLOO
CARLE TELEVISION FRANCHISE AGREEMENT
This agreement is made and executed by and between the City of Waterloo, Iowa (City) and
WestMarc Cable Holding, Inc., dba TCI of Northern Iowa, Inc.
Whereas, the City adopted a Cable Television Franchise Ordinance on February 19, 1996
(Ordinance), which authorizes the City to issue a Franchise to operate a cable television
system in the City; and
Whereas, the Grantee holds the existing Franchise; and
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:
The City hereby grants to the Grantee a nonexclusive Franchise to construct, operate, and
maintain a cable television system within the public ways of the City in accordance with the
terms and conditions of this Agreement and the Ordinance. The Franchise shall commence
upon its acceptance by the Grantee and shall extend the current franchise term for a period
of fifteen (15) years expiring on June 30, 2018.
The Grantee hereby agrees to complete a rebuild of its cable system by December 31, 1999.
At least forty percent (40%) shall be completed by December 31, 1997, and eighty percent
(80%) to be completed by December 31, 1998, with the balance of the rebuild to be
completed not later than December 31, 1999. The Grantee shall submit reports to the City
verifying completion of these benchmarks delineating how many subscribers are served by
the upgraded system. In the event that Grantee is prevented or delayed in the performance
of any of its obligations under this Franchise by reasons of acts of God, floods, fire,
tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism,
strikes, sabotage, boycotts, lockouts, labor disputes, shortage of qualified labor, freight
embargoes, shortages or unavailability of materials or supplies, unusually severe weather
conditions, acts or omissions of the City or an other similar event beyond the reasonable
control of the Grantee, the Grantee shall have a reasonable time, under the circumstances to
perform its obligation under this Franchise or to procure a substitute for such obligation
which is subject to the reasonable satisfaction of the City.
Such a rebuild of the system shall have a minimum bandwidth capacity of 77 downstream
video channels and be certified as completed by the City. The City reserves the right to
have an independent engineer audit the system to verify completion.
Following the rebuild referred to herein and provided that said pricing would not conflict
with federal law, Grantee agrees to offer to users in Waterloo subscription terms and pricing
[C:\WP6CAAGREE\CASLEFRA.F IN/February 20, 19967
a
RECEIVED
FEB 1 fi 2001
FLEISCHMAN AND
WA[ SIi i i o
that are reasonably comparable to that offered to Grantee's customers in the City of Cedar
Falls, Iowa.
In the event the Franchising Authority enters into a Franchise, permit, license, authorization
or other agreement of any kind with any other person or entity other than the Grantee to
enter into the Franchising Authority's streets and Public Ways for the purpose of constructing
or operating a Cable System or providing CRh1e Service to any part of the Service Area, the
material provisions thereof shall be reasonably comparable to those contained herein, in order
that one operator not be granted an unfair competitive advantage over another and to provide
all parties equal protection under the law.
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.
The Grantee hereby agrees to the provision of cable service to all potential subscribers within
the current corporate City limits with a density of at least ten potential subscribers per 1,320
cable -bearing strand feet (1/4 cable mile). The Grantee also agrees to provide cable service
to all potential subscribers to all future incorporated areas with a density of at least ten
potential subscribers per 1,320 cable -bearing strand feet (1/4 cable mile).
The Grantee hereby agrees that the entire cable system shall include an emergency alert
capability which will permit the City, in times of emergency, to override by remote control
the audio and/or video of all channels simultaneously. The Grantor shall hold the Grantee,
its agents, employees, officers, and assigns hereunder, harmless from any claims arising out
of the emergency use of its facilities by the Grantor, including, but not limited to, attorney's
fees and costs.
The Grantee hereby agrees to provide at least three channels for public, educational and
governmental cablerasting pursuant to Section 6.06 of Waterloo's Cable Ordinance, a
full -service institutional network for governmental use capable of two-way audio, data, and
video transmission as set forth in Ordinance Section 6.05.
The Grantee agrees to provide the City with capital support for public, educational, and
governmental cablecasting an amount equal to fifty thousand ($50,000) dollars for
cablecasting equipment and facilities (the "Capital Contribution") by February 1, 1997. The
City agrees that all amounts paid by the Grantee as the Capital Contribution may be added to
the price of cable services and collected from Grantee's subscribers as "external costs," as
such term is used in 47 C.F.R. 76.922 on the effective date of this franchise. In addition, all
amounts paid as the Capital Contribution may be separately stated on subscribers' bills as
permitted in 47 C.F.R. 76.985.
Grantee may increase ewh subscriber's bill by an amount not to exceed ten cents ($.10) per
month per subscriber for recovery of the Capital Contribution. The Capital Contribution will
be payable by the Grantee to the City after (a) the approval of the City to the inclusion of the
[C:\WP60\AGREE\CABLEFRA.F[N/February 20, 1996] 2
•
•
Capital Contribution on subscribers° bilis, including any required approval pursuant to 47
C.F.R. 76.933; (b) notice to subscribers of the inclusion; and (c) the commencement of
collection of the Capital Contribution by Grantee from its subscribers.
The City hereby agrees that the Capital Contribution will be dedicated solely for public,
educational, and governmental cablFrasting facilities and related equipment.
The Grantee hereby agrees to file all necessary bonds, funds, information, fees, and other
information required under the Ordinance.
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.
The Grantee shall have sixty (60) days from the date of adoption of this Franchise to accept
this Franchise. Such acceptance by Grantee shall be deemed the grant of this Franchise for
all purposes, and the effective date of the Franchise shall be the acceptance date. In the
event acceptance does not take place within sixty (60) days or such other time as the City
might allow, this Franchise shall be null and void.
Unless expressly or otherwise agreed between the parties, every notice or response to be
served upon the Grantor or Grantee shall be in writing, and shall be deemed to have been
duly given to the required party five (5) business days after having been posted in a properly
sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a
Post Office or branch thereof regularly maintained by the U.S. Postal Service.
The notices or responses to the Grantor shall be addressed as follows:
City Attorney's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
ATTN: Cable Commission
The notices or responses to the Grantee shall be addressed as follows:
Attn: General Manager
TCI of Northern Iowa
4010 Alexander Drive
Waterloo, Iowa 50702-6118
with copies to:
TCI of Northern Iowa
ATTN: State Manager
2199 Ingersoll Ave
Des Moines, Iowa 50312-5227
IC:\WP60\AGRrE\CABLEFRA.FIH/February 20, 19967
3
and to:
Division Franchising Director
TCI Southeast, Inc.
2204 Lake Shore Drive Suite 325
Birmingham, Alabama 35209
The Grantor and Grantee hereby agree that in the case of any conflict or ambiguity between
this Franchise Agreement and any enabling Agreement in force as of the date hereof, the
terms of this negotiated Agreement shall govern.
In Witness Thereof, the parties have signed this Agreement on
1996, which shall be the effective date of this Agreement.
CITY OF WATERLOO, IOWA
By:
ATTEST:
Susan Fangman, Ci Clerk
STATE OF IOWA
} ss.
BLACK HAWK COUNTY )
Joh R. ' • off, Mayor
q
On this 19th day of February, 1926, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared John R. Rooff and Susan Fangman, to me
personally known, and who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation by authority of its City Council as contained in the
Resolution adopted by the City Council, under Council Action No./(36.29Fof the City
Council on the 19th day of February, 1926, and that John R. Rooff and Susan Fangman
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
[C:\W060\AGREE\CABLEFRA.FIN/February 20, 19961
Not Pub ' in and for the StntP of Iowa
4
WESTMARC CABLE HOLDING, INC.
DBA TCI OF NORTHERN IOWA, INC.
By:
STATE OF IOWA
ss.
BLACK HAWK COUNTY
Thomas R. Barberini, Vice President
•
This instrument was acknowledged before me on V 011 i , 1996, by
Thomas R. Barberini, as Vice President of WestMarc Cable aiding, Inc. dba TCI of
Northern Iowa, Inc.
1C:\WP60\AGREE\CABLEFRA.FIN/February 20, 1996)
Notary Public in and fState of Iowa
5
5„110 TCI SOUTHEAST, INC.
ACCEPTANCE OF FRANCHISE
City Attomey's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
Re: Cable Television Franchise Agreement
City of Waterloo, Iowa, and WestMarc Cable Holding, Inc.
Passed and Adopted February 19, 1996
To Whom It May Concern:
We're raking Television
into tomorrow.
THOMAS R. BARBERINI
Executive Vice President. COO
Subject to applicable federal and state law, Grantee hereby agrees to
unconditionally comply with the abovementioned Franchise, subject to Paragraph
eight (8) of the Franchise Agreement, dealing with terms and pricing, being deleted in
its entirety.
Please acknowledge receipt of this acceptance by signing and dating in the
space provided below and returning two copies of such acceptance.
Sworn to and subscribed Sincerely,
before me this in — day TCI SOUTHEAST, INC.
On Behalf Of
, 1996. WestMarc Cable Holding, Inc.
Acceptance received and
acknowledged this Arch
day of Mat , 1996.
THOMAS R. BARBERINI
Vice President, COO
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WALSH, L.L.P.
2204 Lakeshore Drive
Ste 325
Post Office Box 55265 Z,o 35259-05c-.
Birmingham AL 35209-6732
1205} 671-0044 ext. 303
FAX 1205, 877-8472
A' Equat OoporWnity ErnoioyPr
CITY OF WATERLOO
CABLE TELEVISION FRANCIiLSE AGREEMENT
This agreement is made and executed by and between the City of Waterloo, Iowa (City) and
WestMarc Cable Holding, Inc., dba TCI of Northern Iowa, Inc.
Whereas, the City adopted a Cable Television Franchise Ordinance on February 19, 1996
(Ordinance), which authorizes the City to issue a Franchise to operate a cable television
system in the City; and
Whereas, the Grantee holds the existing Franchise; and
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:
The City hereby grants to the Grantee a nonexclusive Franchise to construct, operate, and
maintain a cable television system within the public ways of the City in accordance with the
terms and conditions of this Agreement and the Ordinance. The Franchise shall commence
upon its acceptance by the Grantee and shall extend the current franchise term for a period
of fifteen (15) years expiring on June 30, 2018.
The Grantee hereby agrees to complete a rebuild of its cable system by December 31, 1999.
At least forty percent (40%) shall be completed by December 31, 1997, and eighty percent
(80%) to be completed by December 31, 1998, with the balance of the rebuild to be
completed not later than December 31, 1999. The Grantee shall submit reports to the City
verifying completion of these benchmarks delineating how many subscribers are served by
the upgraded system. In the event that Grantee is prevented or delayed in the performance
of any of its obligations under this Franchise by reasons of acts of God, floods, fire,
tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism,
strikes, sabotage, boycotts, lockouts, labor disputes, shortage of qualified labor, freight
embargoes, shortages or unavailability of materials or supplies, unusually severe weather
conditions, acts or omissions of the City or an other similar event beyond the reasonable
control of the Grantee, the Grantee shall have a reasonable time, under the circumstances to
perform its obligation under this Franchise or to procure a substitute for such obligation
which is subject to the reasonable satisfaction of the City.
Such a rebuild of the system shall have a minimum bandwidth capacity of 77 downstream
video channels and be certified as completed by the City. The City reserves the right to
have an independent engineer audit the system to verify completion.
Following the rebuild referred to herein and provided that said pricing would not conflict
with federal law, Grantee agrees to offer to users in Waterloo subscription terms and pricing
[C:\WP60\AGREE\CABLEFRA. FIk/February 20, 1996]
1
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WAI SH i ❑
that are reasonably comparable to that offered to Grantee's customers in the City of Cedar
Falls, Iowa.
In the event the Franchising Authority enters into a Franchise, permit, license, authorization
or other agreement of any kind with any other person or entity other than the Grantee to
enter into the Franchising Authority'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
material provisions thereof shall be reasonably comparable to those contained herein, in order
that one operator not be granted an unfair competitive advantage over another and to provide
all parties equal protection under the law.
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.
The Grantee hereby agrees to the provision of cable service to all potential subscribers within
the current corporate City limits with a density of at least ten potential subscribers per 1,320
cable -bearing strand feet (1/4 cable mile). The Grantee also agrees to provide cable service
to all potential subscribers to all future incorporated areas with a density of at least ten
potential subscribers per 1,320 cable -bearing strand feet (1/4 cable mile).
The Grantee hereby agrees that the entire cable system shall include an emergency alert
capability which will permit the City, in times of emergency, to override by remote control
the audio and/or video of all channels simultaneously. The Grantor shall hold the Grantee,
its agents, employees, officers, and assigns hereunder, harmless from any claims arising out
of the emergency use of its facilities by the Grantor, including, but not limited to, attorney's
fees and costs.
The Grantee hereby agrees to provide at least three channels for public, educational and
governmental cablecasting pursuant to Section 6.06 of Waterloo's Cable Ordinance, a
full -service institutional network for governmental use capable of two-way audio, data, and
video transmission as set forth in Ordinance Section 6.05.
The Grantee agrees to provide the City with capital support for public, educational, and
governmental cablerasting an amount equal to fifty thousand ($50,000) dollars for
cablecasting equipment and facilities (the "Capital Contribution") by February 1, 1997. The
City agrees that all amounts paid by the Grantee as the Capital Contribution may be added to
the price of cable services and collected from Grantee's subscribers as "external costs," as
such term is used in 47 C.F.R. 76.922 on the effective date of this franchise. In addition, all
amounts paid as the Capital Contribution may be separately stated on subscribers' bills as
permitted in 47 C.F.R. 76.985.
Grantee may increase each subscriber's bill by an amount not to exceed ten cents ($.10) per
month per subscriber for recovery of the Capital Contribution. The Capital Contribution will
be payable by the Grantee to the City after (a) the approval of the City to the inclusion of the
[C:\I!P60\AGREE\CABLEFRA.F[N/February 20, 1996)
2
•
Capital Contribution on subscribers' bills, including any required approval pursuant to 47
C.F.R. 76.933; b) notice to subscribers of the inclusion; and (c) the commencement of
collection of the Capital Contribution by Grantee from its subscribers.
The City hereby agrees that the Capital Contribution will be dedicated solely for public,
educational, and governmental cablecasting facilities and related equipment.
The Grantee hereby agrees to file all necessary bonds, funds, information, fees, and other
information required under the Ordinance.
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.
The Grantee shall have sixty (60) days from the date of adoption of this Franchise to accept
this Franchise. Such acceptance by Grantee shall be deemed the grant of this Franchise for
all purposes, and the effective date of the Franchise shall be the acceptance date. In the
event acceptance does not take place within sixty (60) days or such other time as the City
might allow, this Franchise shall be null and void.
Unless expressly or otherwise agreed between the parties, every notice or response to be
served upon the Grantor or Grantee shall be in writing, and shall be deemed to have been
duly given to the required party five (5) business days after having been posted in a properly
sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a
Post Office or branch thereof regularly maintained by the U.S. Postal Service.
The notices or responses to the Grantor shall be addressed as follows:
City Attorney's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
ATTN: Cable Commission
The notices or responses to the Grantee shall be addressed as follows:
Attn: General Manager
TCI of Northern Iowa
4010 Alexander Drive
Waterloo, Iowa 50702-6118
with copies to:
TCI of Northern Iowa
ATTN: State Manager
2199 Ingersoll Ave
Des Moines, Iowa 50312-5227
[C:\NP60\AGREE\CABLEFRA. FIN/February 20, 1996] 3
and to: Division Franchising Director
TCI Southeast, Inc.
2204 Jake Shore Drive Suite 325
Birmingham, Alabama 35209
The Grantor and Grantee hereby agree that in the case of any conflict or ambiguity between
this Franchise Agreement and any enabling Agreement in force as of the date hereof, the
terms of this negotiated Agreement shall govern.
In Witness Thereof, the parties have signed this Agreement on q�e
1996, which shall be the effective date of this Agreement.
ATTEST:
Susan Fangman, Cit Clerk
STATE OF IOWA
SS.
BLACK HAWK COUNTY )
On this lh day of February, 1996, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared John R. Rooff and Susan Fangman, to me
personally known, and who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation by authority of its City Council as contained in the
Resolution adopted by the City Council, under Council Action No.%®k,'9 'of the City
Council on the 19th day of February, 1926, and that John R. Rooff and Susan Fangman
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
CITY OF WATERLOO, IOWA
By:
Joh R. ' • off, Mayor
(C:\uP60\AGREE\CABLEFRA.FIN/February 20, 1996)
C otar -P
Nin and for the State of Iowa
4
WESTMARC CABLE HOLDING, INC.
DBA TCI OF NORTHERN IOWA, INC.
By:-/�;,
STATE OF IOWA
ss.
BLACK HAWK COUNTY
Thomas R. Barberini, Vice President
This instrument was acknowledged before me on 61-i�� , 1996, by
Thomas R Barberini, as Vice President of WestMarc Cable o1dH ing. Inc. dba TCI of
Northern Iowa, Inc.
0—Jr-ILA—)
Notary Public in and fo a State of Iowa
CC:WP6O\AGREE\GRLEFRA.FIN/Feb-uary 20, 1996] 5
jig TCI SOUTHEAST, INC.
ACCEPTANCE OF FRANCHISE
City Attomey's Office
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
Re: Cable Television Franchise Agreement
City of Waterloo, Iowa, and WestMarc Cable Holding, Inc.
Passed and Adopted February 19, 1996
We're raking television
into tomorrow.
THOMAS R. BARMAN
Executive Vice President. COO
To Whom It May Concern:
Subject to applicable federal and state law, Grantee hereby agrees to
unconditionally comply with the abovementioned Franchise, subject to Paragraph
eight (8) of the Franchise Agreement, dealing with terms and pricing, being deleted in
its entirety.
Please acknowledge receipt of this acceptance by signing and dating in the
space provided below and returning two copies of such acceptance.
Sworn to and subscribed
before me this day
, 1996.
Acceptance received and
acknowledged this Arzh
day of May- , 1996.
B
Sincerely,
TCI SOUTHEAST, INC.
On Behalf Of
WestMarc Cable Holding, Inc.
THOMAS R. -BARBERINI
Vice President, COO
RECEIVED
FEB 1 6 2001
FLEISCHMAN AND
WALSH, L.L.P.
2204 Lakeshore Drive
Suite 325
Post Otiice Boa 59265 Z,p 35258-085-..
Birmingham AL 35209-6732
i 205I 8 71.0044 ext. 303
FAX+2051877-8472
An Equal Ooponunity Emo+oyPr
Mediacom
ar • e
r ro
March 19, 2014
Ms. Suzy Schares
City of Waterloo
715 Mulberry St.
Waterloo, Iowa 50703-5783
Dear Ms. Schares:
The purpose of this letter is to inform you that, on or about May 1, 2014, Mediacom will
be implementing a Non -Standard Converter Fee of $5.00 per month.
This fee will be applied to all customers who rent a DVR box from Mediacom, but
choose to cancel their DVR service subscription without returning their DVR box to
Mediacom. The Non -Standard Converter Fee will remain in place until the customer
returns the DVR box and/or exchanges the DVR box for a standard set top box.
In conjunction with this change, Mediacom will be standardizing the Electronic
Reactivation of Account and Electronic Change of Service Fees at rates of $2.00
companywide.
If you have any questions, please contact me directly at 319-395-9699 ext. 3461 or
igrasslev@mediacomcc.com
Sincerely,
d t r
Lee Grassley
Senior Manager, Government Relations
Mediacom Communications Corporation
6300 Council St. NE • Cedar Rapids, IA 52402 •
319-395-7801 • Fax 319-393-7017