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HomeMy WebLinkAboutRESOLUTION - 13-97 - 3/11/1997 - CABLE TV FRANCHISE AGREEMENTf .. RESOLUTION NO. 13-97 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS. INC. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: CABLE TELEVISION FRANCHISE AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 11th day of March 1997. APPROVED this 11th day of March 1997. ATTEST: Patricia S. Smith Village Clerk Dennis J. Gallitano Village President [gl ■tel-tlgWdLf r�:T►;r•►:i�.��_r�:►--t� BETWEEN THE VILLAGE OF ELK GROVE, ILLINOIS AND CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS, INC. FEBRUARY 18, 1997 0 TABLE OF CONTENTS ARTICLE SECTION PAGE Preamble 1 1 Purposes of the 1.1 Purposes 2 Agreement 2 Definitions 2.1 Definitions 3 3 Grant of Authority 3.1 Grant of Operation 12 3.2 Obligation to Provide Services 12 3.3 Grantee to Have No Recourse 12 3.4 Compliance With Franchise Ordinance 12 4 Franchise Conditions 4.1 Effective Date 13 4.2 Franchise Term 13 4.3 Non -Exclusivity 13 4.4 Material Breach of Franchise 13 4.5 Acceptance of Franchise 14 4.6 Service Area Covered By Franchise Agreement 16 4.7 Franchise Modification 16 4.8 Performance Evaluation Sessions 16 4.9 Franchise Renewal 16 4.10 Transfer of Franchise 17 4.11 Liability and Indemnification; Security Fund 17 5 Rates, Fees, and 5.1 Rates and Fees 21 Records 5.2 Franchise Fees 22 5.3 Franchise Fee Audits or Agreed -Upon Procedures 23 5.4 Books and Records 24 6 System Operations 6.1 Technical Requirements 28 6.2 Construction Standards 31 6.3 Cable Programming 35 6.4 Studio Facilities 37 6.5 Institutional Network 41 6.6 Service to Public Facilities 43 6.7 Tests and Performance Monitoring 43 6.8 Customer Service 44 6.9 Most Favored Nations Clause 49 TABLE OF CONTENTS (continued) ARTICLE SECTION PAGE 7 General Provisions 7.1 Modifications to Communications and Cable Acts 50 7.2 Revocation 50 7.3 Rights and Remedies 50 7.4 Liquidated Damages 51 7.5 Rights and Powers Reserved by Village 54 7.6 Failure to Enforce Franchise 55 7.7 Service of Notice 55 7.8 Oral Modification 56 7.9 Force Majeure 56 7.10 Time is of the Essence of This Agreement 57 7.11 Waiver 57 7.12 Severability 57 7.13 Delegation of Powers 57 7.14 Obligations to Continue Throughout Term 57 7.15 Headings 57 7.16 Governing Law 58 Map of Municipal Corporate Limits Appendix A Proposal Form I-1 - Proposed Programming Appendix B Regional Cable Group Access Capital Appendix C Regional Cable Group Community Access Incremental Capital Investment Appendix D Community Buildings Designated For Subscriber Cable and I -Net Connections Appendix E CABLE TELEVISION FRANCHISE AGREEMENT On this lith day of march , 1997, this Cable Television Franchise Agreement (the "Franchise Agreement") is entered into by and between the Village of Elk Grove, Illinois ("Village"), a municipal corporation, and Continental Cablevision of Northern Illinois, Inc. ("Continental Cablevision"), a unit of the US West Media Group, Inc., a Delaware Corporation. WHEREAS, Continental Cablevision of Northern Illinois, Inc., has applied for renewal of its non-exclusive Franchise (the "Prior Franchise") to provide cable television service in the Village in the name of Continental Cablevision; and WHEREAS, the Regional Cable Group, an intergovernmental body of which the Village is a member, has reviewed the performance under the Prior Franchise, has identified the future cable -related needs and interests of the community, has considered the financial, legal, and technical qualifications of Continental Cablevision and has considered Continental Cablevision's plans for operating and maintaining their cable system; and WHEREAS, the Village has relied on Continental Cablevision's representations and has considered the information that Continental Cablevision has presented to it, and; WHEREAS, after adequate public notice based on Continental Cablevision's representations and information, and in response to the application for renewal, the Village Board of the Village of Elk Grove has determined that, subject to the provisions of the Cable Communications Ordinance of the Village of Elk Grove (the "Cable Communications Ordinance"), and the terms and conditions set forth herein, the grant of a renewed non- exclusive Franchise to Continental Cablevision, to supersede the Prior Franchise, is consistent with the public interest, and therefore has enacted Ordinance No. 2541 more than thirty (30) days after the filing of Continental Cablevision's application for renewal; and WHEREAS, the Village and Continental Cablevision have reached agreement on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the Village's grant of a new Franchise to Continental Cablevision and Continental Cablevision's promise to provide cable television service to residents of the Village pursuant to and consistent with the Cable Communications Ordinance, the terms and conditions set forth herein, the promises and undertakings herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged; THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: OA ARTICLE 1 PURPOSES OF THE AGREEMENT SECTION 1.1 The purposes of this Cable Television Franchise Agreement are to: A. To provide for the franchising and regulation of Grantee's Cable System within Elk Grove Village (hereinafter "Village"). B. To enable the continuation and future development of municipal policies and procedures regarding cable television services and operations. C. To support the Grantee's continued enhancement of cable television services for the citizens of the community and for its Subscribers. D. To improve the use of cable television and cable technology as a means to enable citizens to more effectively communicate, and to enable municipal, educational, and institutional Users to communicate more efficiently and effectively. E. To ensure that the future cable -related community needs and interests have been considered and addressed, and that future changes in technology, law and regulation, and changing needs and interests are provided for. F. To realize improved Cable Service through a Cable System embodying the highest quality of cable television signal transmission possible. F. To protect the public welfare and public interest through the establishment of customer service provisions, construction standards, and system requirements as they concern construction, reconstruction, repair, maintenance and day-to-day Cable System operation. G. To provide for the payment of a Franchise Fees and other valuable consideration to the Village for the use of Village's Public Streets and Public Ways in the construction and operation of cable television systems, and to compensate the Village for costs associated therewith. H. To continue to provide for the regulation by the Village of the rates and fees to be charged by Grantee under this Franchise Agreement to the extent permitted by law. I. To prescribe remedies for violation of this Agreement and the Franchise granted hereunder. ARTICLE 2 DEFINITIONS SECTION 2.1. 3 For the purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall' and "will' are always mandatory and not merely directory. The word "may" is permissive. Words not defined shall be given their common and ordinary meaning. Unless a section provides otherwise, references to statutory enactments shall include any and all amendments thereto and any successor provisions. All capitalized words defined herein, and all other capitalized words utilized within this Agreement shall have the meaning ascribed to them in the Cable Act unless said terms are not defined in the Cable Act, whereupon the definition shall be controlled by this Agreement. In the event of conflict between this Agreement, or the Cable Communications Ordinance and the Cable Act, the Cable Act definition shall control. For the purpose of this Franchise Agreement the terms in this Agreement shall prevail where there is a conflict between the Agreement and the Cable Act. Where the Franchise Agreement is silent, the terms of the Cable Communications Ordinance and the Cable Act shall control. ACT: Shall mean the Communications Act of 1934, the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 (47 USC 521 et. seq.) and the Telecommunications Act of 1996 as now or hereinafter amended. BASIC SERVICE: Shall consist of all signals carried in fulfillment of the provisions of Section 614 and 615 of the Communications Act of 1934, as amended, any Public, Educational, and Governmental Access programming required by the Franchise of the Cable System to be provided to Subscribers, and any signal of any television broadcast station that is provided by the Cable Operator to any Subscriber, except a signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station. Basic Service may also include any additional video programming signals or services provided by the Cable Operator to the basic service tier. BOARD: Shall mean the President and Board of Trustees of Elk Grove Village. CABLE COMMUNICATIONS ORDINANCE: Shall mean the Elk Grove Village Cable Communications Ordinance, as may be amended from time to time. CABLE OPERATOR: Any Person or Persons, including corporations, partnerships, and joint ventures, who provide Cable Services through means of a Cable System and who own a significant interest in the Cable System, or any Person or Persons who manage, control, coordinate, or direct the operations of a Cable System. CABLE SERVICE: The one-way transmission to Subscribers of (i) video programming or (ii) other programming service, and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. CABLE SYSTEM: Shall mean a system of antennas, cables, wires, lines, towers, waveguides, laser beams, satellite uplinks, microwave links, or other conductors, converters, amplifiers, Headend equipment, master controls, node control sites, earth stations, and other equipment and facilities designed, wired, and constructed for the purpose of producing, receiving, transmitting, amplifying, storing, processing or distributing by coaxial cable, fiber optic cable, microwave, by current transmission protocols or other means, audio, video, data, and other forms of electronic or electrical signals within the municipality. Such term shall not include commercial or residential telephone service, or any such facility that serves or will serve only Subscribers in one or more multiple unit dwellings under common ownership, control or management, and does not use municipal rights-of-way. CHANNEL: Shall mean a band of frequencies six (6) megahertz wide in the Electro -magnetic spectrum, or of a width to be specified in the future which constitutes the acceptable standard for the definition of a Channel which is capable of carrying either audio, video, voice, data, multimedia, and encrypted information signals. 9 CONVERTER: Shall mean an electronic device provided by the Cable Operator to subscribers for the purpose of changing the frequency of midband, superband, or hyperband signals to a suitable Channel or Channels which the television receiver is able to deliver at designated dial locations. DOWNSTREAM CHANNEL: A Channel which is transmitted in a direction from the Headend to the Subscriber's television set. DWELLING UNIT: Shall mean a single-family or multiple -family residential place of occupancy. EDUCATIONAL ACCESS CHANNEL: Shall mean a non-commercial Channel or Channels set aside and so designated for the use of Schools and related educational institutions. FCC: Shall mean the Federal Communications Commission and any legally constituted regulatory body, or agency, or successor agency created by the United States Congress. FAIR MARKET VALUE: Shall mean the price that a willing buyer would pay to a willing seller for a going concern based on the system valuation and sale multiples prevailing in the industry, but with no value allocated to the Franchise itself. FRANCHISE: Shall mean the non-exclusive rights granted through the authority of a Franchise Agreement between the municipality and any Grantee hereunder which allows the Grantee to own, operate, construct, reconstruct, dismantle, test, use, and maintain a Cable System along the Public Streets and Public Ways of the Village, or within specified areas in the Village, and is not intended to include any license or permit required for the privilege of transacting and carrying on a business within the Village as may be required by other laws or ordinances of the Village. FRANCHISE AREA: Shall mean that portion of the Village for which a Franchise is granted under the authority of this Agreement. If not otherwise stated within the Franchise, the Franchise Area shall be the corporate limits of Elk Grove Village including all territory thereafter annexed to the Village. FRANCHISE FEE: Shall include any assessment imposed herein by the Village on a Grantee solely because of its status as a Grantee. The term "Franchise Fee" does not include any tax, fee or assessment of general applicability (including any such tax, fee, or assessment imposed upon both utilities and Cable Operators or their services), but not including a tax, fee or assessment which is unduly discriminatory against the Grantee or cable Subscribers; capital costs which are required by the Franchise to be incurred by Grantee for the establishment and operation of Public, Educational, or Governmental Access Facilities; requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, liquidated damages; or any fee imposed under Title 17, U.S. Code. FRANCHISING AUTHORITY: Shall mean the Corporate Authorities of Elk Grove Village, or its Village President or his designee or any of its designated municipal officers or staff having responsibility over the supervision of the Village's cable television Franchise. GOVERNMENTAL ACCESS CHANNEL: Shall mean a non-commercial Channel or Channels set aside and so designated for the use of units of local government. GRANTEE: Shall mean Continental Cablevision of Northern Illinois, Inc., a unit of US West Media Group, its agents, employees, subsidiaries, lawful successor(s), transferee(s), or assignee(s). GRANTOR: The Village of Elk Grove, Illinois. 7 GROSS REVENUES: Shall mean all cash, credits, property of any kind or nature or other consideration derived directly or indirectly by a Grantee, its affiliates, subsidiaries, transferees, assignees, or any other Person in which the Grantee has a financial interest, arising from or attributing from the sale or exchange of Cable Services by the Grantee within the municipality or in any way derived from the operation or use of all or part of a Cable System franchised pursuant to this Agreement by the Grantee, its affiliates, subsidiaries, parents, and any person in which the Grantee has a financial interest including, but not limited to, monthly fees charged Subscribers for basic service, monthly fees charged to Subscribers for any optional service, monthly fees charged Subscribers for any tier of service other than basic service; Installation, disconnection, and re -connection fees; Converter, remote control, and auxiliary game Channel equipment rental or sales; studio rental and all fees received from commercial production contracts solely from within the confines of the boundaries of the Regional Cable Group; advertising revenues; revenues from home shopping Channels; revenues from "infomercials", and such other services provided to Subscribers as permitted by law; revenue from regular Subscriber service fees, auxiliary service fees, and Leased Access Channel fees. This sum shall be the basis for computing the fee imposed pursuant to Section 5.2 hereof. This sum shall not include any taxes on services furnished by the Grantee herein imposed directly upon any Subscriber or User by the State of Illinois, Cook, Kane, or Lake County, municipal, or any other governmental unit and collected by the Grantee on behalf of said governmental unit. HEADEND: The control center of a Cable System, where incoming signals are amplified, converted, processed and combined into a common cable along with any origination cablecasting, for transmission to Subscribers. Headend usually includes antennas, preamplifiers, frequency converters, demodulators, processors, and other related equipment. INSTALLATION: Shall mean the connection between the feeder cable to Subscribers' terminals. G INTERACTIVE SYSTEM: A two-way Cable System that has the capability to provide both upstream and downstream communications. INTERCONNECT: The connection of two or more Cable Systems, or a Cable System and a communications company facility. LEASED ACCESS CHANNEL: A cable television Channel or Channels or parts thereof, designated for broadcasting which is provided by means of a lease arrangement for cablecast airtime between the Cable Operator and the Lessee. Shall include without limitations all use pursuant to Section 612 of the Act (47 USC 532). LOCAL ORIGINATION CHANNEL: A Channel providing programs that are produced or acquired by the Cable Operator which is under the control of the Cable Operator. MATERIAL BREACH: Any substantial deviation from the terms and conditions of this Agreement, including, but not limited to, one or more causes for revocation as described in the Cable Communications Ordinance or this Agreement. MODIFICATION AGREEMENT: Shall mean any agreement of modification and amendment to the Franchise Agreement entered into and between the Grantee and the municipality and made a part of the Franchise Agreement. NET PROFIT: Shall mean the amount remaining after deducting from Gross Revenues all of the actual, direct, and indirect expenses associated with operating the Cable System including the Franchise Fee, interest, depreciation, and Federal or State income taxes. PERSONS: Shall mean any people, firms, corporations, companies, partnerships, associations, joint ventures, trusts, or organization of any kind and the lawful trustee, successor, transferee, assignee, or personal representative thereof. E PROPOSAL: Shall mean the Proposal submitted by the Grantee of March 21, 1996, including Grantee's subsequent letters of clarification dated May 16, 1996 and June 11, 1996. PUBLIC ACCESS CHANNEL: A cable television Channel or Channels specifically designated as a non-commercial Public Access Channel available on a first-come, non-discriminatory basis. Shall include without limitations all use pursuant to Sections 611 and 612 of the Act (47 USC 531, 47 USC 532). PUBLIC, EDUCATIONAL AND ACCESS FACILITIES: Those facilities necessary for the production and playback of Public, Educational, and Access programming. Such facilities shall include, but not be limited to, studio space, lighting, audio, camera, recording, playback, editing, cabling, and monitoring equipment, along with props and sets. PUBLIC STREET: Shall mean the surface, the air space above the surface, and the area below the surface of any public street, road, highway, lane, path, alley, sidewalk, boulevard, drive, or bridge, now or hereafter held by the Village. No reference herein, or in any Franchise, to the "public street" shall be deemed to be a representation or guarantee by the Village that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by the use of such terms, be deemed to gain only such rights to use property in the Village as the Village may have the undisputed right and power to give. 10 PUBLIC WAY: Shall mean the surface, the air space above the surface, and the area below the surface of any conduit, tunnel, park, parkways, square, waterways, utility easements, or other public right-of-way now or hereafter held by the Village. No reference herein, or in any Franchise, to the "public way" shall be deemed to be a representation or guarantee by the Village that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by the use of such terms, be deemed to gain only such rights to use property in the Village as the Village may have the undisputed right and power to give. REGIONAL CABLE GROUP: The intergovernmental body established by the Villages of Buffalo Grove, Elk Grove, Hoffman Estates, and Palatine, and the City of Rolling Meadows whose purpose is to serve as a coordinating entity for the renewal of the and oversight of the Franchise Agreement, and for the monitoring of cable television and related telecommunications operations within its member communities. SCHOOLS: Shall mean all public, and private, elementary and secondary schools, junior colleges, colleges, and universities which have been granted a certificate of recognition by the Illinois State Board of Education. SOCIAL CONTRACT: The "Social Contract for Continental Cablevision" approved by the Federal Communications Commission on August 1, 1995, FCC Docket No. 95-335. SUBSCRIBER: Shall mean any Person who legally receives one or more of the services as may be provided by the Grantee's Cable System and does not further distribute such service(s). SUBSCRIBER DROP: A cable which connects the tap or coupler of a feeder cable to the Subscriber's premises. USER: Shall mean a person or organization utilizing a system Channel or system equipment and facility for purposes of production and/or transmission of material, as contrasted with receipt thereof in a Subscriber capacity. 11 UPSTREAM CHANNEL: A Channel which is transmitted in a direction from the Subscriber's television set to the Headend. VERTICAL BLANKING INTERVAL: The unused lines in each field of a television signal (seen as a thick band when the television picture rolls over, usually at the beginning of each field), that instruct the television receiver to prepare for reception of the next field. Some of these lines may be used for teletext and captioning or maintain specialized test signals. VILLAGE: Shall mean the Village of Elk Grove, Illinois, and all the territory within its present and future corporate boundaries and including any area over which the Village exercises its jurisdiction. VILLAGE BOARD: Shall mean the corporate authorities of the Village of Elk Grove, Illinois. 12 ARTICLE 3 GRANT OF AUTHORITY SECTION 3.1 GRANT OF OPERATION The Village of Elk Grove, hereby grants pursuant to express approval by the Village of Grantee's maps and digitized illustrations of its Cable System plant, the non- exclusive right and privilege to construct, erect, operate and maintain in, upon, along. across, over and under Public Streets, Public Ways, and public places now laid out or dedicated and all extensions thereof and thereto, in the Village, poles, wires, cables, underground conduits, manholes, and other television conductors, and fixtures or appurtenances necessary for the maintenance or and operation of a Cable System for the interception, production, sale, and distribution of audio, video, data, voice. and radio signals. Due to the ambiguity of the applicable law, this Agreement shall not create or diminish either parties' rights with regard to providing telecommunications services in the Franchise Area, including, but not limited to the Franchising Authority's rights to require a separate telecommunications franchise or the Grantee's right to provide telecommunications services over the Cable System as defined in this Agreement. SECTION 3.2 OBLIGATION TO PROVIDE SERVICES Upon issuance of a non-exclusive, revocable Franchise by the Village for construction, installation, maintenance, and operation of Cable System within a designated Franchise Area, Grantee shall be obligated to provide the services of a Cable System. SECTION 3.3 GRANTEE TO HAVE NO RECOURSE The Grantee shall have no recourse whatsoever against the Village for any los;:, cost, expense or damage arising out of any provision or requirement of this Agreement. or its regulation or from the Village's authority to grant additional Franchises. This shall not include negligent acts of the Village, its agents, rr employees. SECTION 3.4 COMPLIANCE WITH CABLE COMMUNIt.ATIONS ORDINANCE Having fully examined all of the provisions of the Cable Communications Ordinance, and this Agreement, Grantee hereby accepts the award of the non-exclusive Franchise and expressly promises and agrees to comply in all respects with every provision of the Cable Communications Ordinance as it now exists or is hereafter amended or supplemented in accordance with legal authority, where the provisions are not inconsistent with nor substantially alter the provisions of this Franchise Agreement. 13 ARTICLE 4 FRANCHISE CONDITIONS SECTION 4.1 EFFECTIVE DATE This Agreement and the Franchise granted hereunder shall become effective March 1, 1997. SECTION 4.2 FRANCHISE TERM The term of the Franchise shall be for a period of ten (10) years beginning from the Effective Date as defined above. SECTION 4.3 NON -EXCLUSIVITY A. Any Franchise granted by the Village pursuant to this Agreement shall be non- exclusive. The Franchising Authority reserves the right to grant, at any time, additional Franchises to operate a cable television or other communications system for the purpose of providing cable television services to the citizens and residents of the Village. However, all subsequent Franchises should only be granted if the terms, conditions, and requirements of said subsequent Franchise relating to payments, facilities, equipment, and services provided satisfy the requirements as set forth in 65 ILCS 5/11-42-11, and as subsequently amended. Notwithstanding the applicability of said statute or, in the event of its repeal, in order for the Franchising Authority to maintain a competitively neutral environment and to maximize the benefits to all citizens/residents of the Village, any subsequent Franchise shall provide terms, conditions, and requirements relating to payments, facilities, equipment, and services provided substantially equivalent to the Franchise granted herein. B. Due to the accelerated pace of technological advances in the communications industry, the Franchising Authority reserves the right to require additional terms or conditions with regard to payments, facilities, equipment, and services provided, in order to compensate for technological advances, depreciation, and inflation factors. That in no event shall such additional requirements be utilized as to effectuate an economic penalty or benefit to any current or subsequent provider of Cable Service in the Franchise Area. SECTION 4.4 MATERIAL BREACH OF FRANCHISE This Franchise Agreement may be terminated for violations of any material provision of this Agreement as provided for in Section 7.2 of this Agreement, as defined in Section 4.6(A)(1-7) of the Cable Communications Ordinance. 14 SECTION 4.5 ACCEPTANCE OF FRANCHISE A. Binding Agreement of Terms and Conditions. The Village and Grantee agree to be bound by, and to timely and fully perform and fulfill all of the terms, conditions, inducements, offers, promises, provisions, and representations of this Franchise Agreement. Anything contained herein to the contrary notwithstanding, all provisions of this Agreement shall be binding upon the Grantee, a unit of US West Media Group, its successors, lessees, designees, or assignees. B. Acceptance of Power and Authority of Village. The Grantee expressly acknowledges that in accepting the Franchise it has relied upon its own investigation and understanding of the power and authority of the Village to grant this Franchise. C. Filing of Franchise Agreement. A fully executed copy of the Franchise Agreement shall be maintained in the Office of the Village Clerk. D. Previous Rights Abandoned. This Franchise shall be in lieu of any and all other previous rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the Grantee or any successor pertaining to the construction, operation, or maintenance of a Cable System in the Village. The acceptance of this Franchise shall operate, as between Grantee and the Franchising Authority, as an abandonment of any and all such rights, privileges, powers, immunities, and authorities within the Village. All construction, operation, and maintenance by the Grantee of any Cable System within the Village shall be under the Franchise and not under any other right, privilege, power, immunity, or authority. E. Regulatory Authority. Grantee agrees that it is and shall be subject to the regulatory authority of the Village as set forth in this Franchise Agreement and as the Franchise Agreement may from time to time be supplemented or amended pursuant to agreement of the parties and by applicable law or regulation. F. Compliance with Laws, Rules, and Regulations. In the event any valid law, rule, or regulation of any federal and state governing authority or agency having jurisdiction, including, but not limited to, the Federal Communications Commission, or its designated successor, contravenes the provision of this Agreement subject to its adoption; then the provisions hereof shall be superseded by any such valid law, rule, or regulation, to the extent that the provisions hereof are in conflict and contrary to any such rule, law, or regulation. 15 G. Franchise Validity. The Grantee agrees, by acceptance of this Franchise Agreement, to accept the validity of the terms and conditions of this Franchise in its entirety and that it will not, at any time, proceed against the Franchising Authority in any claim or proceeding challenging any term or provision of this Franchise as unreasonable, or arbitrary, or that the Franchising Authority did not have the authority to impose such term or condition. H. Illegal or Wrongful Conduct; Inducements. Grantee represents, warrants, and guarantees that neither it, nor its representatives or agents have committed any illegal acts or engaged in any wrongful or illicit conduct contrary to, or in violation of any federal, state, or local law or regulation in connection with the obtaining of the Franchise. The Grantee by acceptance of this Franchise acknowledges that it has not been induced to enter into this Franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the Village concerning any term or condition of this Franchise that is not included in this Agreement. I. Further Representations of Grantee. The Grantee further warrants and represents as follows: 1. That Grantee is a Delaware corporation authorized to do business in the State of Illinois, in good standing and has full legal right and authority to enter into and fully execute and perform the terms and conditions of this Franchise Agreement; 2. That Grantee has merged with US West Media Group, a Delaware corporation, and that US West Media Group is the controlling entity of the Cable System as of November 15, 1996, and; 3. That all corporate action required to authorize the acceptance of this Franchise Agreement, and execution and delivery of this Franchise Agreement and all other documents to be executed and/or delivered by the Grantee pursuant to this Franchise Agreement, and to authorize the performance by the Grantee of all its obligations under this Franchise Agreement have been validly and duly acted on and are in force and effect; and 4. That the Franchise Agreement and all other documents executed and/or delivered by the Grantee have been duly accepted and executed; and 5. That the Grantee has the financial, legal, technical, and construction capability to operate, maintain, rebuild, and upgrade the Cable System pursuant to the terms and conditions of this Franchise Agreement. 16 J. Grantee's Authorized Agent. For purposes of this Franchise Agreement, Grantee authorizes and appoints the General Manager, Continental Cablevision of Northern Illinois, Inc., with offices located at 688 Industrial Drive, Elmhurst, Illinois 60126 to act as its registered agent, and represents to the Franchising Authority that such agent is authorized to accept service and notice on its behalf. SECTION 4.6 SERVICE AREA COVERED BY FRANCHISE AGREEMENT The Franchising Authority hereby extends to the Grantee the privilege of operating the Cable System within the corporate limits of the Village as now or in the future may exist as shown on the map found in Appendix A of this Agreement. SECTION 4.7 FRANCHISE MODIFICATION The Grantee and the Franchising Authority shall follow the procedure for Franchise modifications and periodic Franchise evaluations as established by Section 4.3 of the Cable Communications Ordinance. SECTION 4.8 PERFORMANCE EVALUATION SESSIONS A. The Franchising Authority and the Grantee shall conduct performance evaluation sessions in accordance with the terms and conditions of Section 4.4 of the Cable Communications Ordinance. B. Periodic Franchise Revisitations. Within ninety (90) days of the third, fifth and seventh anniversaries of this Agreement, Grantee and Franchising Authority through the Regional Cable Group, shall jointly meet, if requested by either party, to discuss revisiting certain provisions of the Franchise Agreement and discuss potential changes to the Franchise Agreement due to changes in technology, law or regulation, and the changing cable -related needs and interests of the community. Based on the outcome of such meeting(s) and discussion(s), the parties may amend this Agreement to incorporate changes which have been mutually agreed upon by the Franchising Authority and the Grantee. The Franchising Authority, through the Regional Cable Group, and the Grantee may, at their discretion, jointly agree to meet at more frequent intervals than those indicated above if so warranted. SECTION 4.9 FRANCHISE RENEWAL The Franchising Authority and the Grantee shall agree to follow the terms, conditions, and proceedings established by Section 4.5 (A -D) of the Cable Communications Ordinance which shall not be in conflict with Section 626 of the Cable Act. 17 In the event that Section 626 of the Cable Act shall be repealed, the Franchising Authority and the Grantee shall agree to follow the procedures set forth in Section 4.5 of the Cable Communications Ordinance. SECTION 4.10 TRANSFER OF FRANCHISE The Franchising Authority and the Grantee shall agree to follow the terms, conditions, and processes established by Sections 4.12 (A) -(H) and Section 4.13 of the Cable Communications Ordinance regarding transfer of ownership of the Franchise. Where the Franchising Authority has consented to the transfer of ownership of the Franchise from the Grantee to the buyer, transferee, delegee, or assignee, the Village shall recover from the buyer, transferee, delegee, or assignee the reasonable direct costs incurred by the Village for the consideration of the Grantee's request for purchase, transfer, delegation, or assignment of the Franchise provided that such costs shall not exceed a total of five thousand dollars ($5,000.00) or one thousand dollars ($1,000.00) per community. SECTION 4.11 LIABILITY AND INDEMNIFICATION, SECURITY FUND A. The Grantee shall, at its sole expense, fully indemnify, defend, save and hold harmless the Village of Elk Grove, its corporate authorities, officers, boards, commissions, employees and agents harmless from any and all injuries, claims, counter -claims, demands, suits, judgments, execution liabilities, debt damages, or penalties (hereinafter referred to as "claims") arising out of, resulting from or alleged to arise out of or result from, the approval of this Agreement, the granting of a Franchise, or the construction, erection, installation, operation, maintenance of, or other activity connected with, the Grantee's Cable System, whether or not such acts or omissions are those of the Grantee, and whether or not any such act or omission is authorized, allowed or prohibited by this Agreement or the Grantee's Franchise. These damages shall include but not be limited to penalties arising out or alleged to arise out of any claim for damages for Grantee's invasion of the right of privacy, defamation of any Person, firm or corporation, or copyright, trademark, trade name, service mark or patent violations or infringements, or of any other right of any Person, firm or corporation, damages arising out of any failure by Grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the Grantee's Cable System, and failures of Grantee to comply with provisions of any statute, regulation, or ordinance of the United States, State of Illinois, Cook, Lake, or Kane Counties, or Elk Grove Village applicable to Grantee in its business. B. The Grantee shall pay and by its acceptance of a Franchise shall be deemed to have specifically agreed that it will pay all expenses incurred by the Village in defending itself with regard to all claims mentioned in subsection A above including reasonable attorney's fees. Nothing herein shall be deemed to prevent the parties indemnified and held harmless herein from participating in defense of litigation as co -counsel through their own Village Attorney at their sole expense. Such participation shall not under any circumstances relieve Grantee from its duties of defense against liability of or of paying any judgment entered against such indemnified party. C. The Grantee shall obtain and maintain at its own expense, effective from the date of execution of the Franchise Agreement and thereafter maintain in full force and effect throughout the term of such Franchise and any extension thereof, an acceptable policy or policies of general comprehensive liability insurance and umbrella liability insurance, products/completed operations liability insurance, personal injury liability insurance, owners and contractors protected liability insurance, broad form property damage insurance, contractual liability insurance, automobile liability (owned, non -owned, and hired automobiles), workers compensation, and employers liability acceptable to the Village. Said policy or policies shall name the Village as an additional insured, and in their capacity as such, Village's officers, agents, and employees. Grantee and said Village and officers shall also be named as additional insureds, and the policy or policies shall contain cross -liability endorsements. Policies of insurance, insuring the Village and the Grantee with regard to all claims mentioned in subsection A above in the minimum amounts of: 1. Two Million Dollars ($2,000,000.00) for bodily injury or death to any one person, within the limit of Ten Million Dollars ($10,000,000.00) for bodily injury or death resulting from any one accident. 2. Two Million Dollars ($2,000,000.00) for property damage, including damage to Village property, resulting from any one accident. 3. One Million Dollars ($1,000,000.00) for all other types of liability resulting from any one occurrence. A copy of Certificates of Insurance identifying the policy or policies, coverages, and named insureds, and naming the Village as an additional named insured shall be sent to the Village as provided for in the Franchise Agreement and a Certificate of Insurance shall be sent to the Village no later than ninety (90) days after the start of Grantee's succeeding policy year. 19 All policies of insurance required hereunder must be underwritten by sureties qualified to do business in the State of Illinois and must be rated not lower than "B+" by Best's Insurance Rating Services. Nothing herein shall prevent Grantee from self-insuring any or all policies required by this Agreement. The Village shall retain the right to re-examine insurance policy coverage limits, and where necessary, after consultation with the Grantee, reasonably increase the coverage limits during the life of the Franchise Agreement or any extension thereto to insure compliance with any risk management program to which the Village belongs. D. Security Fund. Grantee shall maintain at its own expense, and by acceptance of a Franchise be deemed to have agreed that it will maintain on deposit with the Village, throughout the term of such Franchise, and any extension thereof, a Security Fund in the form of a letter of credit from a financial institution in the amount of Twenty Thousand Dollars ($20,000.00) and a performance bond in the amount of Thirty Thousand Dollars ($30,000.00). The Franchising Authority retains the right to require the above letter of credit and performance bond to be replaced with a Fifty Thousand Dollar ($50,000.00) letter of credit if in its sole discretion it finds cause to seek such action. The form and content of such Security Fund letter of credit shall be in a form approved by the Corporation Counsel. In particular, but without limitation, such letter of credit shall be drawn in the case of any default or failure of the Grantee to pay any fees, penalties, claims, liens or taxes due the Village under this Franchise. Upon drawing on such letter of credit for any reason, the Village shall notify the Grantee. The Grantee shall, within three (3) days of the receipt of such notification, take all action required to restore the Security Fund letter of credit to its original, full amount. The rights reserved to the Village with respect to the Security Fund letter of credit are in addition to all other rights of the Village, whether reserved by the Cable Communications Ordinance or this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such Security Fund letter of credit shall affect any other right the Village may have. E. All insurance certificates reflecting the Grantee's policies, bonds, Security Fund bond and letter of credit required by this Section shall contain a provision requiring at least thirty (30) days written notice to both the Village and the Grantee of any cancellation, termination, or other expiration and shall provide that no such cancellation, termination or expiration shall be effective prior to such notice. Each such policy, bond, and letter of credit must be approved by the Village Manager of Elk Grove Village and copies of such documents, shall be filed and maintained with the Village Clerk. Notices of any renewal of any expiring policy or bond shall be filed with the Village Clerk at least sixty (60) days prior to the date of such expiration. 20 F. If the Grantee proposes to secure a new insurance policy, bond or letter of credit (collectively, the "Instruments") instead of renewing an existing policy, bond or letter of credit, the Grantee shall, at least thirty (30) days prior to the expiration date of any such insurance policy, bond or letter of credit, submit to the Village Manager a copy of the proposed new Instrument for the Manager's review. Should the Manager find that the Instrument does not provide substantially the same indemnity or that it is procedurally defective, then the Manager shall so notify the Grantee and the Grantee shall be obligated to reasonably cure the defect. Where an existing Instrument reaches its expiration date, such proposed new Instrument shall become effective only upon the expiration date of such expiring Instrument if the Village Manager has approved the terms and coverage of said new Instrument which approval shall not be unreasonably withheld. The Grantee shall comply with all applicable provisions of this section as to any such Instrument. 21 ARTICLE 5 RATES, FEES AND RECORDS SECTION 5.1. RATES AND FEES A. Rate Regulation. Grantee shall recognize the right of the Franchising Authority through the Regional Cable Group to exercise its authority to regulate rates for basic services and associated equipment necessary to provide basic Cable Service to Subscribers. For the term of Grantee's Continental Cablevision Social Contract and any subsequent amendment between it and the FCC, the Franchising Authority and the Regional Cable Group shall continue to regulate those areas of basic Cable Service and associated equipment which they are allowed to regulate under the terms of the Continental Cablevision Social Contract and any subsequent amendment thereto. Grantee shall abide by all applicable laws, rules, regulations, and orders with regard to rates and regulation thereof by the Franchising Authority as promulgated by the FCC and the Franchising Authority. The Grantee and the Franchising Authority agree that any amendment or modification to the Continental Cablevision Social Contract or to any rules and regulations with regard to rates, if they are applicable, shall apply to this Agreement. B. Filing of rate schedule with Village. Grantee shall file with the Village a full schedule of all Subscriber and User rates and all other fees or charges, including but not limited to, pay-per-view services, game Channel and other Interactive Service charges, late fees, Installation fees, reconnection fees, hourly service charges, disconnect fees, additional outlet charges, name changes, VCR hookups, service upgrades, swaps of pay services, installation of A/B switches, cable guides, cable guide subscriptions, and burial of Subscriber Drop cables. Said schedule shall be filed no less than thirty (30) days prior to the time such changes are announced by Grantee in the levels of rates, fees, or other charges. C. Rate discounts. The Grantee may offer discounts in rates in accordance with Section 623 (e)(1) of the Cable Television Consumer Protection and Competition Act of 1992, as now or hereinafter amended, or any successor provision, as referenced in Title 47, Section 543 of the U.S. Code of Federal Regulations. 22 SECTION 5.2 FRANCHISE FEES A. The Grantee, in consideration of the privilege granted under the Franchise for the operation of a cable television system, and the expense of regulation incurred by the Village pursuant to the Franchise, shall pay to the Village on a bi-monthly basis, an amount equal to five percent (5%) per year of Grantee's annual Gross Revenue as permitted by law. Gross Revenue shall be defined as stated in Section 2.1 hereinabove. To the extent permitted by law, and in accordance therewith, increases in Franchise Fees may be levied by the Village after thirty (30) days advance written notice is given to Grantee. Pursuant to Grantee's request, the Grantee shall make estimated bi-monthly Franchise Fee payments based upon the amount of Franchise Fees paid for the same two month period in the preceding year. However, the Grantee shall provide an adjustment bi-annually upon completion of Grantee's Franchise Fee audit for the applicable period, in order to reflect the exact amount of Franchise Fees to be paid by Grantee. Grantee shall provide written verification of the current year's audit and for the prior year upon which the estimated payments are based. B. The Franchise Fee payment shall include a statement identifying in detail the sources and actual amounts of Gross Revenues received by Grantee during the preceding period for which payment is made. Said statement shall contain those items identified in Section 4.10 of the Cable Communications Ordinance. Said payment shall be paid by the Grantee by the 30th day of the month following that period for which the payment is being made. C. Payment of Franchise Fee in the Event of Termination or Cancellation. In the event Grantee continues operation of all or any part of the Cable System beyond the cancellation or the expiration of the Franchise Agreement, Grantee shall pay to the Village the compensation set forth hereinabove at the rate in effect at the time of such cancellation or expiration, and in the manner set forth in this Franchise Agreement, together with any taxes it would have been required to pay had its operation been duly authorized. D. Acceptance of Payment. The acceptance of any payment required hereunder by the Village shall not be construed as an acknowledgement that the amount paid is the correct amount due nor shall such acceptance of payment be construed as a release of any claim the Village may have for further or additional sums due and payable. 23 E. Annual Report. The Grantee shall also file, within one hundred twenty (120) days following the conclusion of the Grantee's fiscal year, an annual report prepared by the Grantee's Comptroller for the Cable System acceptable to the Village, clearly showing the yearly total gross revenues. Said annual report is to be prepared at Grantee's expense according to generally accepted standards by the Financial Accounting Standards Board (FASB). Said annual report shall contain a listing of all of Grantee's directors, officers, and shareholders who own directly or indirectly, at least five percent (5%) of the stock in the corporation of which the Grantee is an entity if changed from the prior year. Where Grantee or its parent is a publicly -traded stock company, the filing by the Grantee with the Franchising Authority of a copy of the annual report to stockholders shall constitute compliance with the provisions of this Section. SECTION 5.3 FRANCHISE FEE AUDITS OR AGREED-UPON PROCEDURES A. The Village shall have the right to inspect and its independent auditor, if necessary, photocopy the Grantee's income records, worksheets, notes, journals, ledgers, and other such appropriate relevant financial records. The Franchising Authority shall have the right of audit and the right to require recomputation of any amounts determined to be payable under this Agreement. The Grantee may require the independent auditor of the Village to enter into a confidentiality agreement limiting the release of information disclosed through the inspection, audit, and/or recomputation. B. The Franchising Authority shall provide Grantee with no less than thirty (30) calendar days notice of the Franchising Authority's intent to conduct an inspection of Grantee's financial records. Grantee shall comply with the request of the Franchising Authority and make available all such records as are reasonably required at the Grantee's local office. In the event that certain necessary records or documents cannot be made available at the location agreed to by the Franchising Authority, Franchising Authority may, at its option, send its designee to the location where Grantee has stored such records. The Franchising Authority may require Grantee to pay for all reasonable travel expenses incurred by the Franchising Authority. C. Any undisputed additional amount due the Village as a result of the audit or agreed-upon procedures shall be paid within thirty (30) days following written notice to the Grantee by the Village which notice shall include a copy of the audit report or agreed-upon procedures report. The cost of said audit shall be borne by the Grantee if it is properly determined that the Grantee's annual payment due to the Village for the preceding year is increased thereby by more than three percent (3%). 24 D. In the event that any Franchise payment or recomputed amount is not made on or before the applicable dates heretofore specified, interest shall be charged from such due date at the monthly rate of four (4) percent over the prime rate at the Bank of America, Chicago Main Branch on the date upon which the Franchise payment was due. E. In the event the Franchise is terminated for any reason the Grantee shall file with the Franchising Authority, within thirty (30) days of the termination of service by the Grantee, a financial statement clearly showing the Gross Revenues received by Grantee since the end of the previous month prior to the termination of the Franchise to the date upon which final transfer or sale of the Cable System occurs within thirty (30) days of the final transfer or sale. Grantee shall submit such documentation with the final Franchise Fee payment. Grantee shall not be responsible for payment of any Franchise Fees after the date upon which Grantee ceased providing Cable Services. SECTION 5.4 BOOKS AND RECORDS A. To the extent practicable, Grantee shall maintain all books and records of its operations pertaining to the operation of the Cable System and in a manner specific to the Franchise Area. Grantee shall not maintain its only records concerning the Cable System within the Franchise Area in aggregate form which commingles such records with Cable Systems in other communities to the extent that Grantee's records for the Franchise Area cannot be separately distinguished. All records pertaining to Subscribers, Cable System operations, and finances of the Grantee shall be maintained in a local office, or in a regional office that is no more than one hundred (100) miles from the corporate offices of the Village. B. Where Grantee is unable to locate books and records specific to the Franchise Area at a location which is either within the Village of Buffalo Grove, or within the one hundred mile restriction, Grantee may locate such books and records at a remote location which is set forth by Grantee with the provision that in the event that the Franchising Authority, or its designee requests to inspect such records, Grantee shall permit the inspection of such records within thirty (30) calendar days of the Franchising Authority's request. If it is found that the Franchising Authority reasonably believes that such inspection has identified an infraction, Grantee shall pay for all reasonable travel expenses incurred by all personnel of the Franchising Authority, or its designee. C. Grantee shall maintain records regarding certain aspects of its operations, in accordance with those stated in Section 5.2 (D) of the Cable Communications Ordinance. 25 D. Records to be provided to the Franchising Authority: 1. Grantee shall continue to provide to the Franchising Authority through the Regional Cable Group, the following records: a. A monthly outage tracking report showing the number of outages occurring over a twelve (12) month period for each Franchise Area within the Regional Cable Group and a monthly average, with such report breaking said outages down by the following types: power outage -related, plant damage -related, equipment failure -related, and blown fuse -related. Such report shall be in the form of a spreadsheet. Said reports shall also compare the current month of the current year with the same month of the previous year for each Franchise Area within the Regional Cable Group. The report shall also show outage subtotals for peak hours, non -peak hours, outages due to scheduled work during peak hours and non -peak hours, and outages due to Headend work during peak hours and non -peak hours. Totals for both peak and non -peak hours shall be provided. For the purpose of this report, peak hours shall be considered to be 6:00 AM to 9:00 AM, 11:00 AM to 3:00 PM, and 9:00 PM to 10:00 PM. b. Outages affecting specific cable Channels shall be provided, along with the name or call letters of the Channel, the date of and time of the outage, and the reason for the outage. C. The number of homes passed for each Franchise Area along with Subscriber totals for the current and previous month, and penetration rates per Franchise Area. d. To the extent applicable, an On -Time Guarantee Analysis report for each Franchise Area showing on-time adjustment categories and cause, including routing, traffic, elements, scheduling, directional, mishap, previous job, failed promise, or office correction and totals. Categories of the report applied to the on- time adjustment categories shall include new Installations, Reconnection or Installation, Disconnection or Change in Service, Service Related Outages (SRO), and Trouble Calls, along with a grand total. This report shall be prepared for each member community of the Regional Cable Group in the form of a spreadsheet. 26 e. A monthly report for all temporary Subscriber Drops installed, including "snow drops", including location, the date of installation, and the date of burial. L A monthly report discussing Technical Operations, Institutional Network Activities per Regional Cable Group member community, System Activities, Marketing, and Customer Service, including marketing -sponsored community events, and Community Programming on the Public Access Channel. 2. Upon request by the Franchising Authority, Grantee shall provide Franchising Authority with a monthly summary of recorded complaints tendered to the Grantee. Such summary record shall include the number of recorded complaints received, an identification of the substance of the complaint, the method or methods by which the complaint was resolved. Grantee shall also provide the Franchising Authority with a monthly report on telephone statistics for all telephone lines serving the Franchise Area. Said reports shall contain the number of calls received per day, abandoned calls, the average or maximum time for which any calls were placed on hold, and the rate at which callers received a busy signal. 3. Grantee shall provide the Franchising Authority with an annual listing of all reports, petitions, applications and correspondence generated from its local office filed with the FCC which are not a part of Grantee's public inspection file, the United States Federal Trade Commission, or any other Federal agency which has jurisdiction over the Grantee's Cable System. Such listing shall be filed with the Franchising Authority no later than thirty (30) days following the close of the calendar year. The Franchising Authority may request a copy of any documents referred hereto at such time that the Franchising Authority determines that such documents would be beneficial to the Village's understanding of the operation of the Cable System. 4. Grantee shall file annually with the Franchising Authority on the anniversary date of the Franchise, the following information: a. A current list of all Grantee's officers and directors. b. Two (2) copies of all types of Subscriber agreements. Copies of individual Subscriber's agreements are not to be filed with the Franchising Authority. 27 C. The names of the Cable System resident manager and engineer, or designated emergency response person and their business and residential addresses and phone numbers. 5. The Franchising Authority and Grantee shall collect and disclose Subscriber information within the limitations established by Section 631 of the Cable Communications Policy Act of 1984, as now or hereafter amended, or by any successor provision. E. The books and records of the Grantee's operation within the Village shall be made available to the Village during normal business hours, for inspection and audit by the Village within thirty (30) days after such request has been made. M. ARTICLE 6 SYSTEM OPERATIONS SECTION 6.1 TECHNICAL REQUIREMENTS A. Applicable Construction and Technical Standards. Within twenty-four (24) months from the Effective Date of this Agreement, Grantee shall have completed an upgrade of the Cable System throughout all of the communities of the Regional Cable Group, including the Franchise Area. The Grantee's Cable System, upon completion of the upgrade, shall meet the following criteria as established by Grantee's Proposal: 1. Activation of the Cable System to 500 -home nodes; 2. Passive line devices passing not less than 1 GigaHertz (GHz) 3. A design which contemplates a fully passive optical -coaxial system in which no active electronic devices are needed; 4. A status monitoring system with integrated backup power supplies; 5. Ability to provide high-speed data and Internet access; 6. System redundancy through fiber bi-directional interconnections to Grantee headends in Elmhurst and Romeoville, Illinois Grantee shall follow the construction schedule for the upgrade as found in its Proposal. Where Grantee reasonably believes and can establish that additional time beyond the estimated completion date as stated in the Engineering Section (Form G-1 - Franchise Territory and Construction Schedule) of its Proposal is necessary for the completion of the reconstruction of the Cable System, Grantee may be given an extension of time for completion by the Village Board upon request to and review by the Village Board. B. Channel capacity and activation. Grantee shall provide a Cable System having a capacity, of, at minimum, seven hundred fifty MegaHertz (750 MHz) or such greater capacity as specified in its Proposal. Grantee shall provide to the Franchising Authority a timetable for implementation of said capacity in those communities whose Cable Systems have not yet been reconstructed within six (6) months of the Effective Date of this Agreement. Grantee shall employ and activate no fewer than eighty-five (85) analog Channels or as Subscriber demand dictates. To the extent practicable, Grantee agrees to establish identical channel line-ups for cable -ready televisions and Converter boxes. C. Services and Continuous Operation. Grantee shall design said Cable System with the capability to provide Upstream Channel and Downstream Channel capacity. 29 Grantee shall also operate and maintain said Cable System in a manner which will enable continuous twenty-four (24) hour operation of all services as required herein. D. Upstream and Downstream Channel Capacity. Grantee shall provide a Cable System having Seven hundred (700) MegaHertz of Downstream Channel capacity on the Subscriber network, and fifty (50) MegaHertz of Upstream Channel capacity in accordance with its Proposal. E. Benefits to Subscribers. During the period between the Effective Date of this Franchise Agreement and the completion of the rebuild of the Cable System in the Franchise Area, Subscribers in the Franchise Area shall be entitled to all other benefits specified in this Agreement except for those benefits which may not be realized until the rebuilt Cable System has been completed and activated, which may include increased Channel capacity. F. Force Majeure for System Reconstruction. No penalties of any kind shall be imposed upon the Grantee for delays in completing the reconstruction of the Cable System when such delays are caused by the following: war, riot, insurrection, rebellion, strike, lockout, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado, orders of a court of competent jurisdiction, any act of God, vendor caused equipment delays, and any cause beyond the control of the Grantee including the failure of the Village to provide permits in a timely manner or otherwise unreasonably delay construction where the Grantee has expeditiously and in good faith pursued permitting and construction processes. In the case of a vendor caused equipment delay, the burden of proof will be on the Grantee to show that the delay was solely the fault of the vendor. G. Periodic Testing and Compliance with FCC Standards. To the extent permitted by law, Grantee shall comply with all Cable System testing regulations as specified in Title 47, Section 76, Subpart K of the U.S. Code of Federal Regulations. Grantee shall test its Cable System at such periodic intervals as established by the FCC, and shall follow testing procedures consistent with those set forth by the FCC in providing those levels of video and audio signals which the FCC has deemed as being the minimum standards for Cable TV reception. Upon the Franchising Authority's determination that the Cable System is not meeting FCC technical standards, based upon a reasonable belief and evidence of system failure or inadequacy, the Franchising Authority may choose to engage a qualified technical consultant to aid the Franchising Authority in conducting oversight of the technical aspects of the Grantee's Cable System. 30 H. Service interruptions. The Grantee may interrupt service to cable Subscribers when necessary for the purposes of alteration, maintenance, repair, or emergencies. Grantee shall create such interruptions at such time as will reasonably minimize inconvenience to its Subscribers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to the affected Subscribers and the Franchising Authority. Grantee shall notify Subscribers in advance by means of the Public Access or Local Origination Channels of any large-scale planned service interruptions as defined herein at least twenty-four (24) hours in advance of the planned interruption. For the purposes of this Agreement, a large-scale planned service interruption shall mean an interruption of Cable Service under the following conditions: 1) Where a node topology has not been employed, a service interruption affecting twenty-five (25) percent or more of the Cable System's Subscriber households; or 2) Where a node topology has been employed and activated, a service interruption affecting twenty (20) percent or more of the number of nodes located within the Franchise Area. I. Emergency Override. 1. Grantee shall configure the Cable System to enable carriage of audio emergency override cablecasting over all analog Channels of the Cable System. Said emergency override capability shall be designed to allow the Village President of Elk Grove Village or his or her designee, or Northwest Central Dispatch, to activate the emergency override upon declaration of a public emergency. 2. Upon requirement by the FCC to participate in the Emergency Alert System, Grantee shall provide notification to the Village within thirty (30) calendar days of receipt of such notification from the FCC, and shall provide its procedures for emergency alert to the Village. J. Restoration Security Letter of Credit. Grantee shall file and maintain with the Village a labor and material letter of credit in an amount no less than Thirty Thousand Dollars ($30,000.00) in order to guarantee the completion of any restoration work during the rebuilding process. Such letter of credit shall comply with the same standards as specified n Section 4.11 above. Upon final completion of the reconstruction of the Cable System, the Franchising Authority shall return the letter of credit to the Grantee. 31 SECTION 6.2 CONSTRUCTION STANDARDS A. Compliance with construction standards. Grantee shall design, engineer, construct, install, operate, and maintain its system in a manner which follows construction standards and technical standards as established by Federal, State, and local laws, ordinances, or regulations. Grantee shall also adhere to any such construction or technical standards which were submitted as a part of its Proposal. Construction, reconstruction, installation, and maintenance of the Cable System shall be performed by the Grantee in a workmanlike manner, in accordance with current construction, engineering, electrical and other related technical standards. B. Adherence to electrical and safety codes. The construction, installation, activation, reactivation, and operation of any portion of Grantee's signal origination or signal processing or signal distribution system and equipment, including, but not limited to the towers, antennae, Headend, studio, trunk and distribution system, drops, and fixed or portable equipment located on or off Subscriber -occupied property shall comply with all applicable requirements of each of the following publications: 1. National Electrical Code, published by the National Fire Protection Association, (currently ANSI/NFPA 70-1996 and replaced by subsequently adopted editions); 2. National Electrical Safety Code, published by the Institute of Electrical and Electronics Engineers Inc. (Currently ANSI C2-1996 and replaced by subsequently adopted editions). Grantee shall at all times comply with all other appropriate Federal, State, and local regulations, and codes and other ordinances of the Village. C. Undergrounding and method of installation. 1. All installations shall be underground in those areas of the Village where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, the Grantee may install its service above ground, provided that at such time as those facilities are required to be placed underground by the Village or are placed underground pursuant to the same terms and conditions of those other utility facilities, the Grantee shall likewise place its services underground without additional cost to the Village or to the individual Subscriber so served within the Village. 32 Where Grantee's existing Cable System facilities are placed underground, any reconstruction of such facilities shall be underground as well. 2. Where not otherwise required to be placed underground by this Agreement, the Grantee's Cable System facilities shall be located underground at the request of the property owner, provided that the excess cost over aerial location shall be borne by the property owner making the request. 3. All wires, cables, amplifiers, node sites, and other property shall be constructed and installed in an orderly and workmanlike manner. All cables and wires shall be installed parallel with existing telephone and electric wires wherever possible. Multiple cable configurations shall be arranged in parallel and bundled together with proper lashing or conduit, with due respect for engineering and safety considerations. Aerial cable which is placed over Public Streets or Public Ways shall be hung at the heights specified for streets, sidewalks, parkways, and yards as specified by the National Electrical Safety Code, and underground cable shall be buried at depths in accordance with guidelines established by the National Electrical Safety Code as referred to herein. 4. All underground work required by the Franchising Authority in concert with other utilities will be done in a coordinated fashion. Grantee will request "joint meet" conferences for each project, bringing all utilities and Grantee's plant from an aerial to an underground status. Grantee shall share both map prints and locating information to help minimize any disturbance to either Grantee and/or another entity's underground distribution network. All work will be done in accordance with the Joint Utility Locating Information for Excavators (JULIE) specifications and a record of all locate and dig requests will be maintained by Grantee at its principal offices. All underground construction will be done by directional boring, except where safety or other conditions preclude it or render it unnecessary. D. Review of Construction or Reconstruction Plans and Work. The Village hereby reserves the right to review Grantee's construction plans prior to the commencement of construction, upgrade, installation, or erection of towers, poles, conduits or fixtures related to the operation or maintenance of the Cable System. Grantee shall submit plans and maps in hard copy and digitized formats for the Village's Geographic Information System (GIS) detailing proposed facility construction, upgrade, installation or erection to the Village Engineer for his examination. 33 Upon approval by the Village Engineer, Grantee may proceed with implementation of its proposed plans and activities. The Village shall not unreasonably withhold or delay approval of Grantee's plans. Notwithstanding such approval, the Village shall have the right to inspect all construction or installation work performed subject to the provisions of local laws and ordinances. The Village shall not, however, be required to make inspections or approve the Grantee's system and plans, and specifically disclaims such obligation, the Grantee shall be solely responsible for taking all steps necessary to assure compliance with such laws and regulations and the safety of its system as installed. E. Permits Required. Prior to the construction, reconstruction, repair, or maintenance of the Cable System, Grantee shall be required to obtain appropriate permits from the Village. Grantee shall apply for said permits and make payment at the time of application for such permits as are required by ordinances of the Village which are necessary for Grantee in order to conduct such construction, reconstruction, repair, or maintenance of Grantee's Cable System. All costs customarily charged by the Village related to application, securing, maintaining, retaining, and renewing any permits, licenses, or other authorizations shall be the responsibility of the Grantee. F. Grounding. All towers, antennas, satellite receive stations, and other exposed equipment of Grantee used in the provision of Cable Service shall be properly grounded. Grantee at its discretion may properly ground said equipment in such a manner that exceeds normal engineering requirements, provided, however, that such grounding is in compliance with the National Electrical Code as referenced in Section 6.2 (B) of this Agreement. Grantee shall also comply with grounding of system equipment and service connections as required under Section 6.4 (H) of the Cable Communications Ordinance. G. Headend Facility. 1. Indoor Headend components shall be wired according to applicable National Electrical Safety Code standards and shall be placed in a properly ventilated and air-conditioned environment. Outdoor Headend components, including, but not limited to, towers, antennas, and satellite receive stations shall be properly anchored and wired in accordance with NCTA Standards of Good Engineering Practices (NCTA 008-0477 EIA Standard RS -222C, "Structural Standards for Steel Towers and Antenna Supporting Structures") and shall be properly lighted in accordance with the appropriate Federal Aviation Administration and Federal Communications Commission rules and regulations as now or hereafter amended. 34 The Headend shall be equipped with a standby auxiliary power supply for the purpose of maintaining operations during periods of outage, maintenance, or repair -related downtime. 2. The Headend shall be connected to three (3) or more hub sites by optical fiber, which, in turn, shall be connected to the optical node sites as described in Grantee's Proposal. H. Auxiliary power. The Grantee's Cable System shall be equipped with sources of auxiliary power at the Headend and along cable trunk line amplifiers, or at optical node sites for the purpose of continuation of service in the event of repairs, maintenance, power interruptions or power outages in accordance with Grantee's design. I. Emergency removal of plant. Whenever, in case of emergency, it becomes necessary in the judgment of the Village to remove or damage any of the Grantee's facilities, no charge shall be made by the Grantee against the Village for restoration or repair. J. Damage to Village Property. Where any damage is caused to any Village property during construction, reconstruction, installation, or maintenance by Grantee, the cost of such repairs including all service and materials required by the Village will be billed to the Grantee. The charges shall be paid within forty-five (45) days of the date of the billing or the Village, at its option, may withdraw the cost of such repairs from the Restoration Security Letter of Credit as established in Section 6.1 (K) hereinabove or the Security Fund as established in Section 4.11(D) hereinabove. K. Enforcement of Use of Public Streets and Public Ways. Through its acceptance of this Agreement, Grantee agrees to comply with the provisions of this Agreement, the Cable Communications Ordinance, and other applicable ordinances, regulations, and codes of the Village regarding the installation, maintenance, repair, excavation, and replacement of wires, cables, conduit, pedestal boxes, vaults, and other appurtenances installed upon or beneath the Public Streets and Public Ways belonging to the Village. The Village shall have the right to enforce the Franchise Agreement, Cable Communications Ordinance, and other appropriate ordinances, regulations, and codes where the Village reasonably believes that Grantee has committed a violation. This Section shall not limit the Village from providing to Grantee a notice and opportunity to cure the violation when it is believed by the Village that a violation has occurred. 35 L. Village's Right to Install Fixtures on Grantee's Poles or Conduits. The Village reserves the right during the life of this Franchise to install and maintain free of charge upon or in the poles and conduits of the Grantee any wire and pole fixtures necessary for municipal subsystems on the condition that such installation and maintenance thereof does not interfere with the operation of the Grantee. SECTION 6.3 CABLE PROGRAMMING A. Categories of service to be provided. Grantee shall provide on the Cable System all Over -the -Air broadcast stations required to be carried by Federal law or FCC regulations. Grantee shall provide a wide range and diversity of programming for Subscribers residing within the Franchise Area. Categories of programming comparable in quality, mix, and level to be provided by Grantee to Subscribers shall include, but not be limited to, 1. Local, national and international news programs 2. Local and national sports and sporting events 3. Local, regional, and national weather 4. Educational programming 5. Children's programming 6. Music programming 7. Public Affairs programming 8. Movies 9. General entertainment programming 10. Cultural programming 11. Pay -Per -View programming 12. Financial and business-related programming 13. Local Origination programming 14. Home shopping programming 15. Broadcast stations. Such aforementioned types of programming offered by Grantee in its Proposal including planned Local Origination programming, is stated in Appendix B of this Agreement. B. Obscene or indecent programming. Grantee and all other Persons shall comply with all Federal, State, and local laws and regulations concerning the cablecasting of obscene or indecent programming. 36 C. Interactive Home Services. Grantee may provide the following categories of Interactive Home Services: 1. Home Shopping Services 2. Banking/Investing 3. Digital Video -On -Demand 4. Distance Learning Between Schools Serving the Regional Cable Group Communities 5. Telecommuting 6. High -Speed Data 7. Interactive Programming Guide 8. Impulse Pay -Per -View Grantee may provide these services within eighteen (18) months of the Effective Date of the Franchise Agreement. Grantee shall not provide interactive gaming services unless it has received permission from the Illinois General Assembly, any other appropriate state regulatory agencies with oversight over gaming, and the Village Board. D. Allocation of Channel space. Grantee shall dedicate an amount of uncompressed bandwidth on its Cable System at a minimum level of one (1) analog Channel for Public Access Programming, two (2) analog Channels for Educational Access programming, one (1) of which shall be dedicated exclusively for the use of Harper College, and the other Channel dedicated for use by School Districts, and one (1) analog Channel for Governmental Access. E. Public Access Programming. The Public Access Channel shall be made available to the residents, organizations, and institutions of the Village on a first-come, first-served, non-discriminatory basis, or where necessary, by a scheduled time for use on a reservation basis, consistent with the goal of the maximum availability of access. Charges for equipment, production, personnel, and production of Public Access programming shall be reasonable and consistent with the goal of affording Users a low-cost means of television access. No charges shall be made for the production of live public access programs not exceeding ten (10) minutes in length, or for the replay of User - supplied tapes which are in a form compatible with the Grantee's playback facilities which shall include compatibility with all consumer formats. The Grantee shall adopt operating rules and regulations for the Public Access Channel, and its studio, equipment, staff or related resources to be filed with and approved by the Village prior to the activation of the Channel(s), designed to prohibit the presentation of: 37 any advertising material designed to promote the sale of commercial products or services, lottery information, as well as rules requiring first-come non- discriminatory access, and rules permitting public inspection of a complete record of the names and addresses of all Persons or groups requesting access time. Such a record shall be retained for a period of two (2) years. F. Educational Access Programming. The Educational Access Channel(s) shall be made available for the use of Schools serving the Franchise Area free of charge to such institutions. The Regional Cable Group may develop rules and regulations for the use of Educational Access Channel space. The local educational institutions shall cooperate in providing input to the Regional Cable Group with regards to the usage and allocation of the Channel space. Where charges or fees are required for such usage, the User shall be responsible for the payment of such charges or fees as determined by the Regional Cable Group. G. Governmental Access Programming. The Government Access Channel(s) shall be reserved for the use of the Village of Elk Grove, and such other unit of local government as shall be designated by the Village free of charge. Governmental Access Channel space shall be available to the Village of Elk Grove, or its designees, for its exclusive use twenty-four (24) hours a day. All Governmental Access Programming shall be provided to Subscribers in each Franchise Area on Cable Channel six (6) in accordance with the Grantee's current practice as of the Effective Date of this Agreement. H. Local Origination Programming. The Grantee shall provide Local Origination Programming on at least one (1) analog Channel as stated in its Proposal. Grantee shall provide open captioning of Local Origination Programming in accordance with its Proposal in cooperation with the Franchising Authority. I. Exclusivity of Programming In the event of such hardline cable television competition, the Grantee herein agrees to allow the transmission of municipally produced programming on the competitors cable television system. Local Origination and Public Access services and programming provided by the Grantee shall be exclusive to the Grantee's Subscribers and no re -broadcast shall be permitted on any additional franchisee's systems without express written permission of the Grantee herein. SECTION 6.4 STUDIO FACILITIES A. As stated in its Proposal, Grantee shall continue to provide studio facilities for Public Access and Local Origination studio Facilities within the corporate limits of the Regional Cable Group member communities. W, B. Grantee shall provide studio enhancements to the Public Access studio based on its Proposal. Furthermore, the studio, as referenced in the Proposal, shall house the capital equipment as shown in Appendix C of this Agreement entitled Regional Cable Group Access Capital. The Mobile Production Van shall be available to qualified access Users. The Grantee shall establish reasonable rules qualifying individuals for the use of the Mobile Production Van. C. Use of Access facilities. Use of facilities for Public Access upon the Cable System shall be made available as provided herein under the conditions and in the manner provided by rules required hereinbelow, in connection with the production of that Public Access programming cablecast upon the system. Grantee shall establish reasonable rules and procedures that are designed to promote the utilization of such Public Access programming upon the system, and subject to the approval of the Franchising Authority, which approval shall not be unreasonably withheld, whereby the Grantee shall accept and cablecast such Public Access programming as described in Section 6.3 (F) upon the system as shall be provided to the Grantee by all Persons and entities who either live or work within the boundaries of the Regional Cable Group. 1. The Grantee shall allow all residents of the member Regional Cable Group communities and employees of not-for-profit agencies serving the Regional Cable Group communities desiring to cablecast Public Access programming to play such programming upon the Cable System of the Grantee. Only those Persons described above who have been certified by the Grantee through its training courses may produce such programming. The Grantee shall have available access studio facilities and related television equipment for production, cablecasting, editing, and playback, including automated playback, as referenced hereinabove. The Grantee shall not enter into any contract, arrangement, or lease for use of its cablecast equipment which prevents or inhibits the use of such equipment for a substantial portion of time for Public Access programming. 2. In determining the decision to cablecast said programming deriving from Public, Educational, or Governmental Access, a Grantee shall have no control over the content of access cablecast programs, except that control granted it by the Cable Act, as now or hereinafter amended, or by any successor provisions, and by applicable FCC regulations or court decisions regarding programming content, however, this limitation shall not prevent Grantee from taking appropriate steps to insure compliance with the operating rules described herein. Failure to comply with such operating rules shall constitute a violation of this Agreement. 39 Public Access facilities shall be operated in a manner consistent with the principles of fairness and equal accessibility of its facilities, equipment, Channels, studios, and other services to citizens, public agencies, or other such entities within the community having a legitimate use for access facilities; and no one described in Paragraph C(1) hereinabove shall be arbitrarily excluded from their use; provided, however, that Grantee may exclude Persons who neither reside nor work within the boundaries of the Regional Cable Group communities; allocation of use of said facilities shall be made according to the rules or decisions of Federal or State regulatory agencies affecting the same, and where such rules are not effective to resolve a dispute between conflicting Users or potential Users, the matter shall be submitted for resolution by the Franchising Authority. Access facilities shall be made accessible to persons with disabilities as required by the Americans With Disabilities Act, as now or hereinafter amended, or by any successor provision. 4. Staffing. Grantee shall sufficiently staff its access facilities to teach classes, manage day-to-day operations, and maintain equipment, while assisting access Users. Access efforts will be adequately supervised. 5. Hours of Operation. Grantee shall operate its access facilities from 9 AM to 9 PM, Monday through Thursday, and 9 AM to 4 PM on Friday, with additional hours of 9 AM to 4 PM on Saturday. 6. Training. Grantee shall provide training to Users of the Access Channels, the studio and its equipment and facilities. Grantee shall provide a defined training curriculum and may base its training schedule on the level of demand by potential Access Users. Grantee may establish rules and regulations governing training of Access Users. Grantee shall teach a minimum of six (6) access classes per year at a charge not to exceed Thirty Five Dollars ($35.00) per curriculum to certify community members in the art of access production. Additional classes will include advanced editing classes, advanced portapak classes, and mobile production classes. User Groups. Grantee shall cooperate with Public, Educational and Governmental Access Users. 8. Maintenance. Grantee shall perform regular maintenance and expedite repair on all equipment for its Public Access studios. Such maintenance shall include an equipment maintenance schedule, and recordkeeping of maintenance activity. 40 Grantee will provide to the Regional Cable Group upon request by any of its member communities, a report on equipment breakdowns and down-time of said equipment, which report shall include efforts made by the Grantee to repair same and reduce down-time. Failure to provide said report or to reasonably and adequately repair equipment breakdowns or down-time of said equipment shall be deemed a violation of this Agreement. 9. Promotion. Grantee shall continue to utilize cross -Channel promotional spots, bill messages, and other written and video media to effectively promote Public Access and Local Origination programming. Grantee shall continue to provide an access newsletter within the Franchise Area and work in concert with the Franchising Authority to identify and implement additional distribution methods. The Regional Cable Group shall discuss with Grantee at least annually to review promotional activities and determine methods by which increased promotion may lead to greater use of Public, Educational, and Governmental Access facilities and programming. D. Access Facilities for Governmental and Educational Access 1. Upon request, Grantee shall agree to purchase and install the equipment listed in Appendix D, entitled Regional Cable Group Community Access Incremental Capital Investment for the Village to assist with its specific access and governmental needs or other equipment as agreed upon between the parties. 2. Grantee shall provide open -captioning equipment for its Governmental Access facilities consistent with its proposal. 3. Access Facilities and Services In Lieu of Requirements Herein. Franchising Authority, at its option, may require the Grantee to provide the Village a sum of no less than eighty-two thousand dollars ($82,000.00) based upon the Regional Cable Group's estimated per community cost for the equipment listed in the Community Access Incremental Capital Investment Section of its Proposal. E. Leased Access Channel Grantee shall provide Leased Access bandwidth capacity consistent with FCC rules. 41 SECTION 6.5 INSTITUTIONAL NETWORK A. Establishment. Grantee shall continue to provide a separate network dedicated for the exclusive use of the Franchising Authority, Village departments, Schools, libraries, Park Districts, and Not -For -Profit institutions serving the Franchise Area. Such network shall be referred to herein as the Institutional Network (I -Net). Grantee shall continue its I -Net connection to the Cable System operated by Tele-Communications, Inc. (TCI) based in Mount Prospect, Illinois. Grantee will provide I -Net installations for all municipal, Park District, School and other facilities owned by units of local government. Future I -Net Users located within the Franchise Area shall be installed in the same fashion as the existing I -Net Users. B. System Design. The I -Net shall be upgraded to a fiber-optic based topology which will allow for enhanced uses of data, video, voice, multimedia transmission, and for Internet access. The I -Net shall be designed in a "star" configuration to allow for the placement of optical transition nodes at key locations in the Franchise Area. The I -Net shall continue as a mid -split system, which shall provide a minimum of forty-six (46) downstream Channels and seventeen (17) upstream Channels as described in its Proposal. Grantee shall use state-of-the-art connectors and construction standards and practices in excess of normal in order to mitigate the effects of temperature variation on the coaxial portion of the I -Net. Where Grantee proposes a deviation from the I -Net path shown for the Franchise Area in its Proposal, Grantee shall notify the Franchising Authority of such deviation and provide the reason therefore. 1. Grantee shall connect the I -Net to Northwest Central Dispatch facilities in order to facilitate direct communication over the I -Net between public safety units of the Franchising Authority and Northwest Central Dispatch. C. Bandwidth Capacity. The Grantee shall initially provide bandwidth capacity at a level of 450 MHz with expansion capacity to 750 MHz. Grantee shall increase bandwidth capacity to 750 MHz upon agreement between the Regional Cable Group and the Grantee when both determine that an increase in bandwidth capacity is justified. Grantee shall enable the availability of additional bandwidth through the use of frequency -agile tuners as stated in its Proposal. 42 D. Transmission Speed. The I -Net shall be capable of transmission speeds of up to 45 Megabytes per second (Mbps). When the I -Net is able to utilize cable modem technology, the Grantee shall indicate to the Regional Cable Group if the I -Net is capable of higher transmission speeds beyond 45 Mbps, and shall indicate the optimum and maximum transmission speeds of the I -Net. E. Equipment Replacement. Grantee shall replace the Franchising Authority's older Zenith Z -LAN and ChannelMizer units with HomeWorks Universal modules and newer Zenith units which incorporate frequency -agile tuners and can be upgraded through chip and software replacement as stated in Continental Cablevision's Proposal. In addition, Grantee shall, within eighteen (18) months of the Effective Date of this Agreement, deploy automatic gain control and status monitoring equipment to the I -Net in order to allow monitoring of system operability and aid in diagnosis of cable related problems. F. Maintenance. Grantee shall maintain the I -Net system on a regular basis to include sweeps of the system on no less than an annual basis. Such sweeps and associated tests shall examine amplifier balance, carrier -to -noise levels, signal leakage, a physical inspection of the plant, signal levels and voltages, hum modulation, and composite triple beat measurements. Grantee, the Franchising Authority, and the I -Net User group shall cooperate in conducting Bit Error Ratio testing on an annual basis. Where Grantee does not employ its own staff to conduct system maintenance, Grantee shall engage qualified engineering personnel experienced in Institutional Network maintenance to provide such services. G. I -Net User Group. Grantee shall substantively participate in an I -Net User group which may be comprised of representatives from local governmental entities, Schools, Park Districts, libraries, and other institutions using the I -Net. The I -Net User group shall be a collaborative effort among all of the Regional Cable Group communities, including the Franchising Authority. H. Assistance to Users and Repair Procedure. Grantee, either through its own staff, or through its contractor, shall establish a 24 -Hour per day, 7 -Day per week assistance service (hereafter the "Service Desk") or as modified between the Grantee and the Regional Cable Group to assist I -Net Users in identifying and solving I -Net problems, provide technical support, and schedule repairs where necessary, in accordance with Grantee's Proposal. I. Future Growth. Where growth of the I -Net exceeds the capacity of the existing network, Grantee shall examine the feasibility of providing an optical overlay network based upon its projection of growth and technical requirements necessary for service to end Users. 43 Where such provision of an optical overlay is being contemplated, Grantee shall notify the Franchising Authority and the I -Net User group that such overlay network is under consideration or planned for implementation. SECTION 6.6 SERVICE TO PUBLIC FACILITIES A. Grantee shall provide, without charge, Subscriber cable connections and service to each fire station, School, police station, public library, government building, and such other buildings used for governmental purposes as may be designated by the Franchising Authority in Appendix E of this Agreement. B. Grantee shall provide, at no charge, one (1) Cable System drop and outlet to each public, private, and parochial School building in a manner that will allow for cable television reception in classrooms designated by each School, and for provision of reception in non-public areas of each School as so designated by each School. If, upon request, a School desires installation of a number of outlets beyond the number initially installed, Grantee may charge each School for an amount up to the actual cost for labor and materials necessary for providing adequate Cable System wiring. C. Grantee shall provide not less than one (1) Cable System drop and outlet at the Village Hall, School buildings, government buildings, and public institutions designated by the Village in Appendix E of this Agreement. Grantee shall provide a Cable System connection free of charge, however, Grantee may charge the Village for the labor and materials cost of any non- standard Installation of more than one hundred twenty-five (125) feet to any Village building. D. Grantee shall provide Schools with Internet access within twelve (12) months from the date it becomes commercially available within the community. SECTION 6.7 TESTS AND PERFORMANCE MONITORING A. Not later than ninety (90) days after any new or substantially rebuilt portion of the system is made available for service to subscribers, technical performance tests shall be conducted by the Grantee to demonstrate full compliance with the Technical Standards applicable pursuant to Section 6.1 (G) of this Agreement and Section 6.4 (D),(K), and (0) of the Cable Communications Ordinance. Such tests shall be performed by or under the supervision of a qualified engineer or an engineer with proper training and experience. Upon request, a copy of the report shall be submitted to the Franchising Authority describing test results, instrumentation, calibration and test procedures, and the qualifications of the engineer responsible for the tests. 44 B. At any time after commencement of service to Subscribers, the Franchising Authority may require additional reasonable tests, including full or partial repeat tests, different test procedures, or tests involving a specific Subscriber's terminal, at the Grantee's expense to the extent such tests may be performed by the Grantee's employees utilizing its existing facilities and equipment; provided, however, that the Franchising Authority reserves the right to conduct its own tests upon reasonable notice to the Grantee. The Franchising Authority will endeavor to arrange its request for such special tests so as to minimize hardship or inconvenience to Grantee or to the Subscriber. SECTION 6.8 A. Local Facility. Grantee shall maintain a facility within the Franchise Area for the purpose of accepting bill payments. Grantee shall continue to maintain its customer service office at location within the Regional Cable Group communities which shall be staffed by skilled customer service representatives and service technicians. The facility shall accept bill payments, respond to repair, Installation, reconnection, disconnection, or other service calls, distribute or receive Converter boxes, remote control units, modems, equipment for digital stereo service, or other related equipment, and for receiving Cable Service inquiries. The hours of operation for the facility shall be those set forth in Grantee's Proposal. The hours of operation for any bill payment facility within the Franchise Area shall be, at minimum, 9:00 AM to 5:00 PM, Monday through Friday, and 9:00 AM to 3:00 PM on Saturday. Such facility shall be available for bill payment until 7:00 PM on at least one weekday. Grantee may, at its option, include secured collection boxes for the receipt of bill payments at its facility. B. Solicitation of Subscribers. Nothing shall prohibit Grantee from soliciting subscriptions prior to commencement of operation of service within portions of the Franchise Area which do not have Cable Service, provided that each such potential Subscriber is advised in writing: 1. That Cable Service is not immediately available; 2. Of a reasonable estimate of time when the Cable Service will commence operation; 3. That such Subscriber may cancel his or her subscription at any time prior to the commencement of service and thereby accrue no charge or penalty and that deposits, if any, shall be refunded within thirty (30) calendar days. 45 Grantee shall provide to the Franchising Authority all solicitation materials received by a Subscriber in the solicitation or education of potential or current Subscribers. C. Customer Appointments. Grantee shall establish two-hour appointment windows for all field transactions, including visits and service calls to customer residences. The two-hour window will be applied over a seven-day work week. Where Grantee is unable to meet the two-hour appointment window, the Grantee shall provide a credit based upon the provisions of Section 6.8 (p; of this Agreement. Grantee, or its agents or designees, shall not cancel an appointment with a customer after the close of business on the business day prior to the appointment. During Grantee's hours of business, a representative of the Grantee shall contact a customer in the event that a service repair technician or other representative of the Grantee is running late for an appointment and will be unable to keep the scheduled appointment time. Grantee or his representative shall reschedule the appointment, as necessary, at a time which is convenient to the customer. D. Credits for missed service appointments. Consistent with the cable television industry policy of on-time guarantees, the Grantee shall issue a credit if the Grantee's technician is unable to make a scheduled service call appointment or is unable to complete a scheduled service call due to a late arrival. This Section shall not limit or prohibit Grantee from providing other credits or refunds for missed service appointments in excess of those described hereinabove as a part of its corporate policy or participation in a promotional activity which pertains to the provision of on-time service appointments. E. Credits for Outages or Interruptions of Service. Grantee shall provide a credit for lost Cable Service due to an outage or interruption of Cable Service lasting at least four (4) or more hours. Credits shall be applied to the Subscriber's monthly bill. Loss of service shall include, but not be limited to, loss of cable audio or video service from the cable to the Subscriber's television set, Converter box failure or failure from similar devices which provide Cable Service to the Subscriber's television set, or failure of a digital stereo unit or cable modem which prevents the Subscriber from receiving stereo music or on-line service access. Where the Grantee is aware that an outage or an interruption in Cable Service has been encountered by the Subscriber, the credit shall be granted automatically to the Subscriber. F. Complaint Resolution Procedure. Grantee shall follow its proposed customer service procedures as stated in its Proposal. Where a dispute with a customer cannot be satisfactorily resolved without outside intervention, Grantee shall voluntarily enter into the Better Business Bureau's Mediation Program. 46 In the event that the dispute cannot be handled through the mediation program, the Franchising Authority may intervene to resolve the dispute. G. Communications to Subscribers. Grantee shall provide at the time of Installation, and at least annually, when there is a change to information provided Subscribers, and upon request by a Subscriber, that information which is required to be provided under Section 6.9 (A)(1-6) of the Cable Communications Ordinance along with the Grantee's policies for disconnection and reconnection of Cable Service. H. Telephone Service. Grantee shall provide a listed local or toll-free telephone number available to Subscribers and employ an operator or maintain a telephone answering service twenty-four (24) hours per day, each day of the year, to receive Subscriber complaints and to dispatch assistance in the case of any emergency or major system malfunction affecting a number of Subscribers. Said telephone service shall be staffed by trained Customer Service Representatives (CSR) who shall be available to respond to customer telephone inquiries during Grantee's hours of business operation as determined hereinbelow. 1. Grantee shall, under normal operating conditions, answer telephones staffed by CSRs, or through a service or automated response system, within thirty (30) seconds, including wait time, from when the connection is made. If the call needs to be transferred, transfer time shall not exceed ninety (90) seconds. These standards stated herein shall be met no less than ninety percent (90%) of the time as measured on a monthly basis under normal operating conditions. Grantee shall follow the definition for normal operating conditions as established by the FCC under the U.S. Code of Federal Regulations, Title 47, Section 76.309(c)(4)(ii). 2. Grantee shall, under normal operating conditions, assure that the customer obtain a busy signal no more than three percent (3%) of the time as measured on a monthly basis. 3. Incoming telephone calls from Subscribers to the Grantee shall not exceed an abandonment rate of five percent (5%) as measured on a quarterly basis. 47 I. Service and Repair Calls. Grantee shall establish a maintenance service capable of identifying, locating and correcting major system malfunctions in an expeditious manner. Said maintenance service shall be available on a twenty-four (24) hour basis, seven (7) days a week to restore service of the Cable System to Subscribers in the event of significant deficiencies or failure of the Cable System. 1. Excluding conditions beyond the control of the Grantee, Grantee shall begin working on complaints, requests, and interruptions to Cable Service promptly, and in no event shall the response time for calls received after 7:00 AM exceed twelve (12) hours. The Grantee shall begin action to correct service calls, requests, interruptions, and other service problems as soon as practicable, but no later than twenty-four (24) hours after the call is received, or as agreed to by the customer. 2. Grantee shall immediately initiate action for any outage affecting three (3) or more Subscribers who receive services from the same trunk or feeder line. Restoration of the Cable System from a condition of outage shall be completed as promptly as is feasibly possible, but in no situation longer than twenty-four (24) hours after notice without the express authorization of the Franchising Authority. 3. An outage affecting three (3) or more Subscribers in a multi -family Dwelling Unit served from the same Cable System tap shall be corrected in the same manner as stated hereinabove. 4. Upon completion of a service call, Installation, or Installation -related activity, the customer shall receive a notification of the service call. The Grantee may either leave a notification attached to the front door of the customer's premises or send a report of the service call. Grantee may send this report by United States mail within fourteen (14) days of the service date if the customer is not present at the time of the service call. J. Identification of customer service representatives and technicians. 1. Upon telephone contact by a customer, customer service representatives of the Grantee shall identify themselves by first name. Technicians representing the Grantee or his contractors or subcontractors shall wear a company uniform or carry a company identification badge to be shown upon request. M. 2. Technicians of the Grantee and his contractors or subcontractors shall identify vehicles used for technical service with the name of the Grantee or contractor or subcontractor of the Grantee. Where practicable, vehicles belonging to the contractor or subcontractor shall also be identified with the Grantee's name. The type of identification need not be of a permanent nature. K. Installation of Service: Upon request for Installation of Cable Service by a Subscriber, Grantee shall respond to the Installation request within twenty-four (24) hours, but in no case later than seven (7) calendar days from the time when the request was received in accordance with its Proposal. If the Grantee determines that the Installation is a non-standard Installation requiring the erection or burial of more than one hundred twenty-five (125) feet of cabling, or the Installation requires traversing of adverse terrain, Grantee may, with advance notice to the Subscriber, extend the period for Installation. For the purposes of this Section, the term "Adverse Terrain" shall mean terrain which is unusually steep, rocky, swampy, or heavily forested. L. Disconnection of service: 1. A Subscriber shall have the ability to disconnect his service at any time at no charge. The Grantee shall cease charging for the Subscriber's service after forty-eight (48) hours of notification to the Grantee of the request for disconnection. 2. A Subscriber shall not be disconnected if the status of his account is in dispute, and notice is given by the Subscriber to the Grantee in writing that the status of his account is in dispute, and the Grantee and the Subscriber are working to resolve the amount in dispute. If no resolution is reached within sixty (60) days, Grantee may disconnect the Subscriber. M. Burial of Subscriber Drops. Temporary Subscriber Drops shall be buried within fourteen (14) days from the date of Installation if the date of Installation falls between March 15 and December 1. If the date of Installation falls between December 1 and January 15, temporary Subscriber Drops shall be buried within Ninety (90) days. If the date of Installation falls between January 15 and March 15, temporary Subscriber Drops shall be buried within sixty (60) days. The Grantee may postpone the date of burial beyond the timeframes stated herein if permission is received by the Grantee from the Franchising Authority to postpone burial. N. Promotional Materials. Grantee shall file with the Franchising Authority a copy of all local promotions not later than the date of mailing to Subscribers. 49 O. Changes in Service. If the Grantee changes its video programming services, Grantee shall provide the Franchising Authority with thirty (30) days advance written notice of any change in Channel assignment or in the video programming services as required by this Agreement. P. Use of the Franchise Area as a "Test -Bed" For New Programming or Services. Grantee may use the Franchise Area as a "Test -Bed" for new programming, products, or services offered to Subscribers during the life of the Franchise. Where possible, the Franchising Authority or the Regional Cable Group shall encourage the Grantee to utilize all or part of the Franchise Area for such "Test -Bed" programs, products, or services. Q. Protection of Privacy. The Grantee shall comply with all applicable local and State laws, rules and regulations concerning consumer privacy, and shall fully comply with Federal laws concerning consumer privacy as expressed in Section 631 et. seq. of the Communications Policy Act of 1934, as now or hereinafter amended, or by any successor provision. SECTION 6.9 MOST FAVORED NATIONS CLAUSE If the Grantee offers any additional programming or services above and beyond those provided for herein to any other Village or City within the Regional Cable Group boundaries, Grantee shall immediately offer the same service to the Village/City. 50 ARTICLE 7 GENERAL PROVISIONS SECTION 7.1 MODIFICATIONS TO COMMUNICATIONS AND CABLE ACTS In the event that the Communications Act of 1934, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, or the Telecommunications Act of 1996 are modified or amended in any manner that is mandatory, or the FCC modifies or alters any of its regulations pertaining to cable television which may affect any provision(s) of this Franchise Agreement, such provisions shall remain in effect until the effective date of such modifications, amendments, or alterations. The Franchising Authority and Grantee, upon notice that said modifications, amendments, or alterations may affect any provision(s) of this Agreement and prior to the effective date of said modifications, amendments, or alterations, or as soon thereafter as practical, shall meet in good faith to amend this Franchise Agreement accordingly. SECTION 7.2 REVOCATION The Franchising Authority reserves the right to revoke this Franchise Agreement and all rights and privileges of the Grantee in the event of a Material Breach of its terms and conditions. In interpreting the Franchise Agreement, material provisions shall include all labeled as such and all others, which under the circumstances indicated, constitute a significant portion of this Franchise Agreement. A Material Breach by Grantee shall include, but is not limited to, those infractions so indicated in Section 4.6(A)(1-7) of the Cable Communications Ordinance. SECTION 7.3 RIGHTS AND REMEDIES A. All rights and remedies given to the Village and Grantee by this Agreement shall be in addition to and cumulative with any and all other rights and remedies existing or implied, now or hereafter available to Village or Grantee, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise Agreement may be exercised from time to time and as often and in such order as may be deemed expedient by Village or Grantee and the exercise of one or more rights or remedies shall not be deemed a waiver of right to exercise at the same time or thereafter any other right or remedy. No delay or omission of Village or Grantee to exercise any right or remedy, nor any such delay or omission shall be construed to be a waiver of or acquiescence of any default. 51 B. In the event of a sale of the Cable System by Grantee, Village shall retain the right of first refusal for the purpose of purchasing, at a Fair Market Value as a going concern. Where the Fair Market Value cannot be determined, such price shall be determined by a panel of arbitrators who are professional Cable System valuators whose valuations have resulted in the sale of Cable Systems, which panel may be requested by either the Village or the Grantee no sooner than ninety (90) days after notice that the Village desires to purchase the system. The panel shall be composed of one arbitrator chosen by the Village, one arbitrator chosen by the Grantee, and a third arbitrator chosen by the first two. The expenses of the arbitration, including the fees of the arbitrators, shall be borne by the parties in such manner as the arbitrators provide in their decision. The determination of a majority of the arbitrators shall be binding on the parties only as to the value of the Cable System. The arbitrators shall follow the rules and procedures of the American Arbitration Association except where in conflict with an express provision of this Agreement. The arbitration hearing shall take place in Cook County as the Village shall determine unless otherwise agreed to by all parties in writing. Unless some later date is agreed to by the Grantee, the Village shall exercise its right within one hundred twenty (120) calendar days from the date of notification of sale of the Cable System by Grantee. Upon determination by the Village that it intends to purchase the assets of Grantee's Cable System, the Village shall notify the Grantee by Certified United States Mail of its desire and intent to acquire the assets of the Cable System from the Grantee. SECTION 7.4 LIQUIDATED DAMAGES A. By acceptance of the Franchise, the Grantee agrees that failure to comply with time and performance requirements detailed below, as stipulated in this Agreement, will result in damage to the Village, and that it would be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, a provision for liquidated damages to be paid by the Grantee is created herein, in amounts set forth herein and chargeable to the Security Fund created hereinabove. B. If the Village concludes that a Grantee is liable for Liquidated Damages pursuant to this Section, it shall issue to Grantee, by certified United States mail, a notice of intention to assess Liquidated Damages. The notice shall set forth the assessment and shall inform the Grantee that Liquidated Damages will be assessed from the date of the notice unless the assessment notice is appealed for hearing before the Village Board and the Village Board rules that the violation did not occur or that an extension of time or other relief should be granted. 52 Should Grantee desire a hearing notice before the Village Board, it shall send a written notice of appeal by Certified United States mail to the Village within fifteen (15) calendar days of the date on which the Franchising Authority sent the notice of intention to assess Liquidated Damages. Such notice of appeal shall contain a brief statement of Grantee's basis for appeal. The hearing on Grantee's behalf shall be within forty (40) calendar days of the date on which the Franchising Authority sent the notice of intention to assess Liquidated Damages penalties. Unless the Village Board indicates to the contrary, said Liquidated Damages shall be assessed beginning with the date on which the Franchising Authority sent the notice of intention to assess Liquidated Damages and continuing thereafter until such time as the violation ceases as determined by the Franchising Authority. C. The following schedule of time and performance requirements and the applicable Liquidated Damages shall apply to the Grantee for such violations which will be payable to the Franchising Authority in the following amounts: 1. For failure to substantially complete Cable System upgrade in accordance with the provisions of the Agreement and the Cable Communications Ordinance, unless the Franchising Authority approves the delay or such delay was unavoidable under Section 7.9 of this Agreement, the amount shall be $500.00 per occurrence per day. 2. For failure to obtain a permit where construction, reconstruction, or relocation of the Cable System or its components within the Public Streets or Public Ways of the Village is undertaken, the amount shall be $25.00 per occurrence per day. 3. For failure of the Grantee to comply with construction, operation, or maintenance standards for the Cable System or the Institutional Network, the amount shall be $200.00 per occurrence per day, unless the Franchising Authority approves the delay or unless such delay was made unavoidable under Section 7.9 of this Agreement. 4. For failure to provide customer services as stated under Section 6.8 of this Agreement, the amount shall be $25.00 per occurrence per day. 5. For failure to test, analyze, and report on the performance of the Cable System or the Institutional Network following a request by the Franchising Authority, the amount shall be $100.00 per occurrence per day. 53 6. For failure to provide data, documents, reports, or information, or to cooperate with the Franchising Authority during a performance review of the Cable System or Institutional Network, or during a Franchise Fee Audit or Agreed -Upon Procedures evaluation, the amount shall be $100.00 per day. 7. For failure to submit timely reports under this Agreement and the Cable Communications Ordinance, the amount shall be $100.00 per day. D. Procedure. Whenever the Franchising Authority finds that Grantee has violated one (1) or more terms, conditions, or provisions of the Franchise Agreement or Cable Communications Ordinance as detailed above, a written notice shall be provided by the Franchising Authority to the Grantee informing it of such violation or violations. The written notice shall describe, in reasonable detail, the specific violation so as to afford Grantee an opportunity to cure or initiate curative action with respect to the violation. Grantee shall have seven (7) calendar days subsequent to receipt of the notice in which to correct the violation before the Village may draw the Liquidated Damages from the Security Fund established hereto. Grantee may notify the Franchising Authority within seven (7) days of receipt of notice that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice shall stay the running of the above seven (7) day period and such notice shall specify, with particularity, the matters disputed by Grantee. 1. In the event that the Franchising Authority and Grantee are unable to resolve the dispute after reasonable time period through informal negotiation not to exceed sixty (60) days, the matter shall then be heard by the Village Board at the next regularly scheduled Village Board meeting held not less than ten (10) days after the passage of the seven (7) day period detailed above and either party terminating their conferences in writing. The Franchising Authority shall notify the Grantee of the time and place of the Village Board meeting and provide the Grantee with an opportunity to be heard. 2. If, after hearing the dispute, the claim is upheld by the Franchising Authority, the Franchising Authority shall provide Grantee with written findings of fact and its decision relating thereto. Grantee shall have seven (7) calendar days to comply with such decision unless an extension of time is mutually agreed upon by the Franchising Authority and Grantee. At any time after that seven (7) day period, the Village may draw upon the Security Fund all Liquidated Damages due. 54 E. Remedies. Except where liquidated damages would apply, no provision of this Agreement shall be deemed to bar or otherwise limit the right of the Franchising Authority to seek or obtain judicial relief for a violation of the Franchise Agreement. Further, neither the existence of other remedies identified in this Agreement or applicable Ordinances, nor the exercise thereof, shall bar or otherwise limit the right of the Franchising Authority to recover monetary damages or seek judicial enforcement of the Grantee's obligations by any means available through law or equity as a result of Grantee's violation of this Agreement or said Ordinances. 1. The Franchising Authority retains the right, at its sole discretion to reduce or waive any of the above listed damage amounts where extenuating circumstances exist or conditions beyond the control of the Grantee are found to exist. Such determination of the existence of extenuating circumstances shall be made after reasonable conference between the Grantee and Franchising Authority. 2. Any waiver shall only be applicable to that specific instance and shall not be construed as a general waiver of remedies. Such waiver must be in writing and served as provided for service of notice in this Agreement. 3. The Village retains the right to revoke Grantee's Franchise in such cases where a Liquidated Damage or violation of the Franchise occurs and remains unremedied for a period of thirty (30) calendar days without the Grantee having advised the Franchising Authority of the reason for such extended delay. 4. Exclusive of the Liquidated Damages provided hereinabove, each violation for any other provision of the Franchise Agreement shall be considered a separate violation for which any remedy available at law or in equity may be imposed. SECTION 7.5 RIGHTS AND POWERS RESERVED BY VILLAGE A. Telecommunications Franchise. As stated above in Section 3.1, due to the current status of the law in the area, each party reserves any and all rights they currently possess regarding the providing of telecommunications services via a cable television Franchise Agreement. The Franchising Authority reserves the right to require an additional telecommunications Franchise in order for the Grantee herein to provide telecommunications services and the Grantee herein retains any rights it may have regarding its ability to provide telecommunications services under its cable television Franchise. 41 B. Public, Educational, and Governmental and Institutional Network Services. The parties herein acknowledge the Grantee's rights under the Cable Act, as amended and subsequent FCC rulings and regulations. regarding the Institutional Network (I -Net) and for provision of Public, Educational, and Governmental (P.E.G.) programming. C. Neither the granting of the Franchise nor any provision governing the Franchise shall constitute a waiver or bar to the exercise of any governmental right or power of the Village. D. The Village shall have the right to intervene in any act or other proceeding to which the Grantee is a party, in accordance with applicable law or regulation. The Grantee specifically agrees by its acceptance of the Franchise not to oppose such intervention by the Village. E. The Village reserves every right and power which is required to be reserved or provided by an ordinance of the Village, and the Grantee by its acceptance of this Franchise, agrees to be bound thereby and to comply with any action or requirements of the Village in the exercise of such rights and powers which have been or may be enacted or established. SECTION 7.6 FAILURE TO ENFORCE FRANCHISE The Grantee shall not be excused from complying with any of the terms and conditions of this Franchise by any failure of the Village upon any one or more occasions, to insist upon the Grantee's performance or to seek Grantee's compliance with any one or more of such terms or conditions. SECTION 7.7 SERVICE OF NOTICE A. For purposes of this Franchise Agreement, Grantee authorizes and appoints Continental Cablevision of Northern Illinois, Inc. with offices located at 688 Industrial Drive, Elmhurst, Illinois 60126 to act as its registered agent and represents to the Franchising Authority that such agent is authorized to accept notice and service on its behalf. B. Grantee shall notify the Franchising Authority in writing, thirty (30) days in advance, of any change in the registered agent or representative(s) referenced hereinabove and provide information regarding any change upon request by the Franchising Authority. 56 C. Any notice or service served upon Grantee's registered agent shall also be provided to the Government Affairs representative as specified below. All notices or other written communications required to be provided to Franchising Authority or Grantee under any provision of this Agreement, shall be deemed to be received by the recipient thereof only when said notices or other written communications are actually received in the office of the recipient at the following addresses: Franchising Authority: Office of the Village Manager Village of Elk Grove 901 Wellington Avenue Elk Grove Village, Illinois 60007 Grantee: General Manager Continental Cablevision of Northern Illinois, Inc. 688 Industrial Drive Elmhurst, Illinois 60126 Vice -President of Governmental Affairs Continental Cablevision of Northern Illinois, Inc. 688 Industrial Drive Elmhurst, Illinois 60126 SECTION 7.8 ORAL MODIFICATION This Franchise Agreement shall not be changed, modified, or amended in whole or in part except in writing and signed by all the parties. SECTION 7.9 FORCE MA.TEURE Except as provided in Section 6.1 (F) hereof, whenever a period of time is provided for in the Cable Communications Ordinance or this Franchise Agreement, for either the Village or the Grantee to do or perform any act or obligation, neither party shall be liable for any delays due to war, riot, insurrection, rebellion, strike, lockout, unavoidable casualty or damage to personnel, materials, or equipment, fire, flood, storm, earthquake, tornado, orders of a court of competent jurisdiction, any act of God, failure of a utility provider to provide pole attachments on reasonable terms or conditions therefore, or any cause beyond the control of said party. In such event, said time period shall be extended for the amount of time said party is so delayed. An act or omission shall not be deemed to be beyond a Grantee's control if committed, omitted, or caused by a corporation or other business entity which holds a controlling interest in the Grantee, whether directly or indirectly. Further, the failure of a Grantee to obtain financing shall not be an act or omission which is beyond the control of the Grantee. 57 SECTION 7.10 TIME IS OF THE ESSENCE OF THIS AGREEMENT Whenever this Franchise Agreement sets forth any time for any act to be performed by the Grantee, such time shall be deemed of the essence and the Grantee's failure to perform within the time allotted shall, in all cases, be sufficient ground for the Franchising Authority to invoke an appropriate remedy or penalty available under the terms and conditions of the Cable Communications Ordinance and the Franchise, including the possible revocation of the Franchise. SECTION 7.11 WAIVER The Franchising Authority may, on its own motion, or at the request of Grantee for good cause shown, waive any requirement of this Agreement. SECTION 7.12 SEVERABILITY If any provision of this Franchise Agreement or the particular application thereof shall be held invalid by any federal or state law, ordinance, or regulation, or by any ruling or directive by any administrative agency, regulatory body or court of competent jurisdiction, the remaining provisions and their application shall not be affected. SECTION 7.13 DELEGATION OF POWERS Any right, power or duty of the Village, the Franchising Authority, or any official of the Village, under this Agreement may be transferred or delegated by ordinance, resolution, or other appropriate action of the Village, to an appropriate officer, employee, or department of the Village, or any other legal authority, including any intergovernmental agency created for the purpose of regulating the operation and development of the Cable System. SECTION 7.14 OBLIGATIONS TO CONTINUE THROUGHOUT TERM Unless otherwise specifically stated, all obligations under this Franchise Agreement shall continue throughout the entire term or extension of this Franchise Agreement. SECTION 7.15 HEADINGS The headings used in this Agreement are for convenience of reference only and shall not affect the construction of this Franchise Agreement. M SECTION 7.16 GOVERNING LAW This Franchise Agreement shall be governed insofar as applicable with the laws of the State of Illinois. Where federal jurisdiction applies, this Franchise Agreement shall be governed by the applicable laws and agencies of the United States Government. Accepted By: Continental Cablevision of Northern Illinois, Inc. M TITLE: IM ATTEST: Village of Elk Grove, Illinois BY: Dennis J. Gallitano TITLE: Village President DATE: March 11, 1997 ATTEST: Patricia S. Smith FORM -1 PROPOSED PROGRAMMING PAGE 1 1. Distant TV stations are non -local signals delivered by means other than of( air antenna. 2. Sateflite-Meo programs do not include Pay TV, or Pay -Per -View services. 3. Pay TV services do not include interactive services other than Pay -Per -Anew. 4. Access services include only those programs produced by the community. 5. Local Origination (L.0) services include only that programming produced locally by the cable operator. FOR EACH PROPOSED CABLE CHANNEL, PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Channel Number 2. Programming Service - Include the following: Call letters and Broadcaster Affiliation whom applicable (e.g. WMAQ-T V - NBC or WON -TV - Independent) and a on-line description of the service (e g. C-SPANI! Cable Programming of Congress and Public Affairs.) 3. Notation of Channel Allocation - Either Dedicated or Composite. 4. A classification of the Programming Service - SELECT ONE OF THE FOLLOWING: A. Off4Ur Local TV B. Distant TV Station (see Definition 1) C. Satellite Video (Sae Definition 2) D. Satellite Automated E.N Service (See Definition 3) F. (See Definition 4) G. Origination Video (See Definition S) H. Origination Automated (See Definition 5) I. Nrlaraetive Service J. Other — Please Describe. You may express this intonation in the form of a graph or chart in order to conserve documentation space. Proposed Channel Line Up Sift Frequency Ch annel P-r--dng �H t Bmadmt Bmadt eat i vatlo Mwt Re vue Tien Allocatlon Locatlon Service 1 Loal Dvant AfBBatlon Coroent 55 2 WBHM ✓ CBS A ✓ B 61 3 L.O. I G A 67 4 WGBO ✓ A ✓ Sw 77 5 WMAQ ✓ NBC A ✓ I 83 6 MUNACC F C 175 1 7 WLS ✓ ABC A ✓ 181 8 WPWR ✓ UPN A ✓ H 187 9 WGN ✓ A ✓ R 193 10 WCIU ✓ A ✓ O 199 11 WTTV ✓ PBS A ✓ A 205 12 WFLD ✓ FOX A ✓ D 211 13 WCFC ✓ A ✓ C 121 14 WSNS ✓ A ✓ A 139 17 Wm ✓ A ✓ S 145 18 PUBACC F T 151 19 SNEAK PREVIEW D 157 20 WYCC ✓ A ✓ 163 21 EDACC F 169 22 WEHS ✓ A ✓ 21 23 VMEOMARIMT 223 24 THE PREVUE GUIDE D 247 28 NASHVILLE NETWORK C 253 29 MTV C 259 30 VH -1 - C 265 31 USA NETWORK C 271 32 SPORTS CHANNEL C 277 33 ESPN C B 283 34 ESPN 2 C A 289 35 HEADLINE NEWS C S 295 36 CNN C 1 301 37 CLTV C C 307 38 CNBC C 313 39 WEATHER CHANNEL. C S 319 40 ARTS&ENTERTAINMENT C A 325 41 AMC C T 331 42 COMEDY CHANNEL C E 337 43 E! C L 343 44 SCI-FI CHANNEL C L 349 45 LIFETIME C I 355 46 NICKELODEON C T 487 68 ENCORE C E 493 69 C 499 70!rsNA% T� C 505 71 C 511 72 C 517 73 C 523 74 C 529 75 CSPAN C 535 76 CSPAN2 C 842 77 SNEAK ?REVUE D 361 47 CARTOON NETWORK C SUPER 367 48 DISCOVERY CHANNEL C SATELLITE 373 49 TNT C 379 50 WLBS ✓ B 385 51 FAMILY CHANNEL C 311 52 m C 54 LEARNING CHAR W C 56 FX C as NEW CHOICE 427 433 58 59 ��, C C 439 60 C 445 61 Tv C 451 62 -, r- C 127 15 HBO 133 16 HBO3 E 229 25 HBO2 E P 235 26 MAX2 E R 241 27 SHOW E E 457 63#.+ E M 463 64 VOD E 1 469 65 n E U 475 66 " E M 481 67 SKIM E S 91 95 VIEW CH E 97 - % CNHTSL E 103 97 PLAYBOY E 109 98 CINEMAX E 115 99 DISNEY CHANNEL E 03111MCONSLNUP.WK4 FORM 1-2 :��Il•I�•]d.[-II.�/_�lliL•1.b�T:l �I�;� Indicate all combinations, packages, andlor tiers of service that may be selected by subscribers. Include the most basic tier of service provided under FCC regulations as required by the 1992 Cable AcL Indicate for as many tiers as is appropriate. Include any current or proposed "Ala -Carte" tiers. Tier N Tier Name Beginning Channel / Ending Channel N I Basic Broadcast 2 22 2 Basic Satellite 23 77 3 Super Satellite 47 S4 4 New Choice 5S 62 FORM -2 PRQQRAJ PAGE 2 PROGRAM DESCRIPTION — LOCAL TV STATIONS AND MUST -CARRY STATIONS Provide a list of all local broadcast TV signals carried. Indicate any 'Must -Carry" signals that will be provided by off -air antenna. CALL LETTER TV CHANNEL CABLE CHANNEL CITY OF ORIGIN MUST -CARRY IDENTIFICATION (YESANO) WBBM 2 2 Chicago No WMAQ 5 5 Chicago No WLS 7 7 Chicago No WGN 9 9 Chicago No WTTW 11 11 Chicago No WYCC 20 20 Chicago Yes WCIU 26 10 Chicago Yes WFLD 32 12 Chicago Yes WCFC 38 13 Chicago Yes WSNS 44 14 Chicago Yes WPWR 50 8 Chicago Yes WEHS 60 22 Chicago Yes WJYS 62 17 Tinley Park Yes WGBO 66 4 Chicago Yes nrltta) `> sipaF iLq(tsplsp4irsaow, a madons. FORM 1-2 PAGE 3 PROGRAM DESCRIPTION — DISTANT TV STATIONS AND MUST -CARRY STATIONS Provide a list of all non -local broadcast TV signals carried. Indicate any substitute or "network fill" programming if propos". CALL LETTER TV CHANNEL CABLE CHANNEL CITY OF ORIGIN METHOD OF IDENTIFICATION IMPORTATION (e g. Satellite or Microwave) VAITI So Atlanta Satellite CaatimaadresaTCa t;rR •P""" t0 iQeC�� i 01i. PROGRAM DESCRIPTION - SATELLITE SERVICES Provide a list of satellite video programs, exclusive of broadcast TV stations, to be carried. CHANNEL CHANNEL ALLOCATION SATELLITE SERVICE DATE PLANNED DEDICATED COMPOSITE (IF PROPOSED) 24 DEDICATED THE PREVUE GUIDE 28 DEDICATED THE NASHVILLE NETWORK 29 DEDICATED MTV 30 DEDICATED VH -1 31 DEDICATED THE USA NETWORK 32 DEDICATED SPORTSCHANNEL 33 DEDICATED ESPN 34 DEDICATED ESPN 2 35 DEDICATED HEADLINE NEWS 36 DEDICATED CNN 37 DEDICATED CLTV 38 DEDICATED CNBC 39 DEDICATED THE WEATHER CHANNEL 40 DEDICATED ARTS & ENTERTAINMENT 41 DEDICATED AMERICAN MOVIE CLASSICS 42 DEDICATED COMEDY CENTRAL 43 DEDICATED E! 44 DEDICATED THE SCI-FI CHANNEL 45 DEDICATED LIFETIME TELEVISION 46 DEDICATED NICKELODEON 68 DEDICATED ENCORE 69 DEDICATED COUNTRY MUSIC TELEVISION 70 DEDICATED TV FOOD NETWORK 71 DEDICATED AMERICASTALKING 72 DEDICATED BLACK ENTERTAINMENT TELEVISION 73 DEDICATED QVC 74 DEDICATED VALUEVISION 75 DEDICATED CSPAN 76 DEDICATED CSPAN2 47 DEDICATED THE CARTOON NETWORK 48 DEDICATED DISCOVERY 49 DEDICATED TNT 50 DEDICATED WTBS Si DEDICATED THE FAMILY CHANNEL FORM 1-2 PROGRAM DESCRIPTION PAGE 4 (continued) PROGRAM DESCRIPTION - SATELLITE SERVICES Provide a list of satellite video programs, exclusive of broadcast TV stations, to be carried. CHANNEL CHANNEL ALLOCATION SATELLITE SERVICE DATE PLANNED DEDICATED COMPOSITE (IF PROPOSED) S2 DEDICATED HOME & GARDEN 9/97 53 DEDICATED THE HISTORY CHANNEL 9/97 S4 DEDICATED THE LEARNING CHANNEL 9/97 S5 DEDICATED NEWSPORT 9/97 56 DEDICATED FX 9/97 57 DEDICATED OLITDOOR 9/97 58 DEDICATED BRAVO 9/97 59 DEDICATED FXM 9/97 60 DEDICATED SPEEDVISION 9/97 61 DEDICATED COURTTV 9/97 62 DEDICATED GOLF CHANNEL 9/97 Rabat P>da ira�rr� �;cowdtslaar.« FORM -6-2 PROGRAM RM( - PROGRAM DESCRIPTION PAGE 5 Provide a list of automated local programs. CABLE CHANNEL CHANNEL ALLOCATION LOCAL AUTOMATED SERVICE DEDICATED COMPOSITE 23 DEDICATED THE RETAIL CHANNEL 77 DEDICATED THE BARKER CHANNEL 24 DEDICATED THE PREVUE CHANNEL 3 COMPOSITE LOCAL ORIGINATION 6* COMPOSITE MUNICIPAL ACCESS 18* COMPOSITE PUBLIC ACCESS 21* COMPOSITE EDUCATIONAL ACCESS * All PEG dnnnels are used from time to time for dwacter-generated information. FORM 1-2 PROGRAM DESCRIPTION PAGE 6 PROGRAM DESCRIPTION - PAY CHANNEL AND PAY-PER-VIEW SERVICES Provide a list of Pay Channel (Pay TV) and Pay -Per -View programs. CABLE PAY CHANNEL PAY-PER-VIEW CURRENTLY DATE CHANNEL AVAILABLE AVAILABLE (YES/NO) (IF PLANNED) PAY CHANNELS HBO Yes HB02 Yes HB03 No 9/97 CINEMAX Yes CINEMAX2 Yes SHOWTIME Yes SHOWTIME2 Yes STARZ No 9/97 STARZ2- No 9/97 DISNEY Yes PLAYBOY .. Yes PAY-PER-VIEW VIEWER'S CHOICE Yes a CONTINUOUS HITS Yes PLAYBOY Yes Continental reserves the right to alter these plans to meet changing market conditions. FORM (- PROGRAM DESCRIPTION PAGE 7 PROGRAM DESCRIPTION - LOCAL ORIGINATION PROGRAMMING Provide a fret of locally originated programs, both current and those in the planning stages, including only those channels to be programmed by the franchisee, but excluding automated services. CABLE CHANNEL CURRENT L.O. PLANNED LO. PROGRAMMING PROORAMMIN DEDICATED "LIFESTYLE" For the past decade, this show has provided viewers with an entertaining, educational, and interactive format found nowhere else. Host Pat Cheffer provides a wide array of show topics and guests to cover the needs and interests of all viewers. "HOMETOWN EDITION" This magazine -style show is designed to update our viewer on what's going on throughout the entire Continental Cablevision area. Most of the content is on the lighter side, such as comedy benefits, parades, village festivals, and sports events. However, the show is not afraid to team up with a community to expose things like prostitution. if something is important to viewers, "Hometown Edition" will deliver the information they need. "CONTINENTAL'S CAFE" This new show takes an entertaining look at the preparation of food, the people who prepare it, and the places within our towns where we can find it. Viewers may get involved by sending in recipe suggestions and perhaps getting the opportunity to appear on the show. FORM 1-2 PROGRAM DESCRIPTION PAGE 7 (continued) PROGRAM DESCRIPTION - LOCAL ORIGINATION PROGRAMMING Provide a list of locally originated programs, both current and those in the planning stapes, including only those channels to be programmed by the franchisee, but excluding automated services. CABLE CHANNEL ALLOCATION CURRENT L.O. PLANNED L.O. CHANNEL DEDICATED COMPOSITE PROGRAMMING PROGRAMMING "SPORTS FILE" Excellent highlights, commentary by two hosts, and features on student athletes on this weekly wrap-up of high school sports offers subscribers an in-depth look at the current and future star athletes in the area. Sports File is aired live every Tuesday night while school is in session. "GAME OF THE WEEK" Each week, Continental's mobile studio travels to a field, court, or ice rink to showcase a top match -up in local high school sports. "THE JOURNAL" Attorney Paul I isnek hosts this 30 -minute show covering political issues on both local and state levels. This show has proven to be a valuable source of information for a great number of viewers. Lisnek often tackles controversial issues and will not rest until he gets answers. "RESIDENT EXPERTS" Hosted by two local talents, this show offers valuable information on home upkeep and repair to future and present home owners. They demonstrate how to "do it yourself' the right way in order to save money and headaches. FORM -1-2 PROGRAM RM1- PROGRAM DESCRIPTION PAGE 7 (continued) PROGRAM DESCRIPTION - LOCAL ORIGINATION PROGRAMMING Provide a list of locally originated programs, both current and those in the planning stages, including only those channels to be programmed by the franchisee, but excluding automated services. CABLE CHANNEL CURRENT L.O. PLANNED L.O. PROGRAMMING PROGRAMMIN, "THE FITNESS SOLUTION" A monthly instructional fitness show focusing on high and low impact aerobics. Hosted by a licensed fitness trainer and qualified assistants, The Fitness Solution offers our viewers safe and effective physical and cardiovascular training. The show is shot in an attractive outdoor setting when weather permits, or in the studio during colder months. "LANDSCAPING" RealWng not everyone is born with a "green thumb", host Ken Benson offers tips to countless viewers on how to keep their lawn and house plants healthy and attractive. Obviously a seasonal show, Landscaping is produced live once a week in the spring, summer, and early fall. "DEAFiNITOR" A program produced and hosted by hearing-impaired individuals from the local community. These individuals share with the audience their common experiences. This program is open -captioned for the hearing-impaired audience. FORM 1-2 PROGRAM DESCRIPTION PAGE 7 (continued) PROGRAM DESCRIPTION - LOCAL ORIGINATION PROGRAMMING Provide a list of locally originated programs, both current and those in the planning stages, including only those channels to be programmed by the franchisee, but excluding automated services. CHANNEL CURRENTL.O. PLANNED L.O. PROGRAMMING PROGRAMMING PLANNED PROGRAMMING: "THE CHAMBER CONNECTION" A show highlighting members of the local Chambers of Commerce. Seg- ments will focus on the individuals, their success, and what they have to offer to the community. "HOMETOWN HEROS" This program, in magazine format, takes an in-depth look at people within the Regional Cable Group communities who make a difference by their leadership and philanthropic efforts. Referrals from the munici- palities and other organizations will help make up the ongoing profiles. "BEDTIME STORIES" Hosted by local celebrities and story- tellers, this is an interactive children's program designed as an entertaining and educational lesson. Bedtime Stories highlights children's stories with beautiful pictures, fun graphics, and a variety of sound effects. The show gets our younger viewers involved by holding story and drawing contests. All entries receive acknowledgement and a chance to win prizes. REGIONAL CABLE GROUP ACCESS CAPITAL (2) SHARP XC -AL STUDIO CAMERAS (2) PANASONIC SUPERCAM SVHS AG-DP800 (1) HITACHI FP -21 CAMERA (3) SONY DXC1800 CAMERA (2) PANASONIC WV -D5100 SYSTEM CAMERA (1) PANASONIC AG -1907 SVHS DECK (1) PANASONIC AG -1280 VHS DECK (1) SONY VP -5000 3/4" DECK (1) SONY VP -5600 3/4" RECORD DECK (1) SONY VO -9850 3/4" RECORD DECK (1) SONY VO -9800 3/4" RECORD DECK (3) SONY BVU-800 3/4" RECORD DECK (1) SONY VO -2610 TOPLOAD 3/4" RECORD DECK (1) SONY BVU-110 3/4" PORTABLE RECORD DECK (3) SONY VO -4800 PORTABLE RECORD DECK (3) BOGEN STUDIO TRIPODS (3) FIELD EQUIPMENT TRIPODS (1) BOGEN 3191 TRIPOD (4) PANASONIC CT -1030M COLOR MONITORS (2) SONY PVM-8200T COLOR MONITORS (4) SONY PVM-411 BLACK & WHITE MONITORS (1) PANASONIC CT -1383 COLOR MONITOR (2) JVC TM -22U PORTABLE MONITORS (1) SONY CDP -211 CD PLAYER (1) SONY TC -K461 S TAPE PLAYER (1) JVC XL -V241 CD PLAYER (1) SONY TC-FX170 TAPE PLAYER (4) BROAD LIGHT (11)ScarliGHT (10) F ` UG14T (1) BERKEY COLORTRAN PORTABLE LIGHT KIT (1) LOWELL LIGHT KIT (1) STRAND CENTURY LIGHT DIMMER BOARD (2) RAMSA WR -133 AUDIO CONSOLE (1) SYMETRIXTI-101 TELEPHONE INTERFACE (1) CROWN D-75 AUDIO AMP (1) SHURE AlSTG TONE GENERATOR (l) VIDEO AIDS INTERCOM SYSTEM Regional Cable Group Access Capital Page 2 ❑ (3) INTERCOM HEADSETS ❑ (1) AUDIO PATCH BAY ❑ (2) JBL 4301B AUDIO MONITOR SPEAKERS ❑ (4) SHURE 635 MICROPHONES ❑ (4) SONY ECM -44B MICROPHONES ❑ (1) VIDEO AIDS INTERCOM BOX ❑ (2) ANTON BAUER TRIMPAC 14 BATTERY ❑ (3) SONY BP -90A BATTERY ❑ (1) SONY AC -340B BATTERY CHARGER ❑ (2) SONY BC -1000 BATTERY CHARGER ❑ (1) SONY BC -210 BATTERY CHARGER ❑ (1) ANTON BAUER LSFC CHARGER ❑ (1) ANTON BAUER ABC800 BATTERY CHARGER O (1) SONY DME -450 DVE O (1) SONY BVE-800 EDIT CONTROLLER ❑ (1) SONY BVS-3200 AUDIO/VIDEO SWI TCHER ❑ (1) SONY SB-VSW VIDEO/AUDIO SELECTOR ❑ (1) JVC KM -2500 VIDEO SWIICHER ❑ (1) SONY RM -450 EDIT CONTROLLER ❑ (1) COMMODORE A1200 AMIGA COMPUTER ❑ (1) SCALA GRAPHICS SOFTWARE PROGRAM ❑ (1) TEKTRONIX 528A WAVEFORM MONITOR ❑ (1) TEKTRONIX 1420 NTSC VECTORSCOPE ❑ (1) DIGITAL DPS -230 TBC ❑ (1) DIGITAL RC2000 TBC ❑ (2) HITACHI OP -211 CAMERA CONTROL UNITS ❑ (3) SHARP XC -AIF -P CAMERA CONTROL UNIT ❑ (1) GREEN CYC ❑ (1)GREY CYC ❑ (1) SIGW COLOR BAR GENERATOR CBI -1 SS ❑ (1) ACCSSS SUITES AT ROLLING MEADOWS FACILITY TOTAL CAPITAL ASSET VALUE REGIONAL CABLE GROUP ACCESS CAPITAL CURRENT ESTIMATE OF REGIONAL CABLE GROUP COMMUNITY ACCESS INCREMENTAL CAPITAL INVESTMENT PRESENTED TO REGIONAL CABLE GROUP FEBRUARY 6, 1997 9oi9 S14IDERS1,I ELEC < notation SWIDERSM �(_< Q F—laccronres Inc. _ 1209 Greenleaf Avenue AudioNideolData Communications Quotation # TBJI0C.A00 Elk Grove Village, Illinois 601.107-5597 ragincering Sales Service Rental Date Jan 30.1997 (847) 364-1900 FAX: (847) 364-6019 Page 1 of 7 Terry Cantwell Terms Nel 3C Days Upon Credit Approval 4 Program./Gomm. Relations Mgr. U Continental Cablevision r 688 IndU9xnal or __ Elmhurst, IL 60126-1557 0 Pth-e* (830)716-2408 0 F;xt (530)716-2424 Cus+,vner trqair Verbal one w inqury Jan 28,1997 Delivery Dependent On Manufacturer Availability F.0.6. Origin Saiesperson Mike Pogiitsch M ldMMM b�,MrYpWy 1Ye euY+M MA+Uo..d,p ]..Men N '60 w M M,Im, rtl N"oNbM rM,.n W .-..,,al •�4 Itm, quavit UccertpSKM unit Price Extension 1 1 WINSTED/E4153 - 45 Degree Compact Workstation. $2,150.00 $2,150.00 2 1 SONYlD125-300 - -"Promotion 7111 V31/97" PrcduCUon Editing $7,045.00 $7,045.00 Components, Digital Effect Devices - 4 Input Multi Forirtat Switoher w/Digital Ettects; Includes Over 900 Proset Effects, WipesrlulbM5: Includes Chrome Keyer E Color Corrector as Standard 3 1 SONY/SKDF-504 - Production, Editing Componenu, PrOMWA, $2,139.00 $2,139.00 DME/Switcher Accessories - 8 Bit Unser Downstream Keyer Option for the OFS-500; Replaces the SKOF-502 1 Bit Downstream Keyer; Features Improved Keying Edge Quality, Gain Control/Finsr Gip Control Capability 4 1 SONYIBKDF-301 - *"Promotion Till 3131/97'•'Producdon, $1,826,00 $1,826.00 Editing Components, OMMwitcher Accessories - 3D Nun Linear & Linear Effactc Option Plug In Board for the OFS-300; Adds Hundreds of Effects to the Standard DM300 Including Page Turns, Rolls/Sphens �rIVOlwu,yt,�,M oI au P7 I6:9: $9;4 3C1 .5..19 59IDERSKI ELEC NOMBEE_ 1 _ quotation Electronics Inc. _ 1200 Greenleaf Avenue Audic,VideolData Corrnnunications Cuctation 4 fpJ1OC.A0o EIk Grove Village, Illinois 60007-559'! EnglneerBtg Sales Service Rental Date Jan 30,1997 (947)2G4 -t960 FAX: (847) 3645019 Page 2 of 7 Terry Cantwell Terms Net 30 Days Upurl Credit Approval a PmgramlCOmm. Relations Mgr. u Continental Cabievision 0 T 688 Industrial Or F Elmhurst, IL 60126.1557 D Oelivary r phoned (630)716-2409 0 pAxx (630)716-2424 F.O.S. Customer Inquir Verbal ot+o a ingtir/ Jan 28,1997 yaieoperson Dependent On Manufacturer Availability Origin Mike Poglitsen u: /HrarMC KC n.�IMY. w��uaM M SFo.r+ip i,g,fun xCl^4 C ns rmu �r,E aw�ee,v,et tam p, e�,sr� 4-:h Mm Gkorm ndatpf+l Unk Price rG7 rasion 5 2 SONY/SVP-5600 - Production., S -VHS Editing Recordors/Players - S ;3,725.00 $7,450.00 VHS Editing Player Built -In TEC, fC Reader (LTC/ViTC) iS RS -422 Interlace: SuDoiied Accessories: 3 -Pin AC Pourer Coro. Operation Manual; Optional Accessories: SVBK-170 Component Output Board e 1 SONYISVO-5800 - Production, S -VHS Ed;ting Reconlerstplayers - S- $4,935.00 $4,935.00 VHS Editing Recorder Player, Buift-In TBC, TO Reader Generator (LTCNR'C) & RS -422A Interface; Supplied Accessories: 3 -Pin AC Power Cold, Operation Manual 7 1 SONYIPVE-5W - Promotion Tilt 3/31/27Production Editing $2,753.00 $2,755.00 Components, Edit Controllers - i Piece, Compact A/H Roll Edit Controllor wr6demal Video SNitcher / Audio Mixer Control; Maintains RM -450 Style Operation *Additional Control Functions a 3 SONY/RCC-SGAIS - General 11 Matic, 6mm, VHS, VTR Cables, $93.00 $279.00 Production, UVW Series, Premiere, Betacam Accessories - 5 Meter (16� R3-422 9 Pin Rornote Cable - 0 o; a0 9T 16:35 Za84- 1H4 SVIDER,KI ELLC SWIDENKI Quotation Electronics Inc. ___ r 200 Greenleaf Avenue AudioNideo/Data Cummunica6ons Quota?ion # 113J10C.Aco DK 3rove Village, Illinois 60007-5597 Engilm winq Sales Serv/ce Rantal Date Jan 341957 (847)S64-4900 FAX: J$47)364-5019 Page 3 cf 7 Terry Cantwell Terms Net 30 UayS Upon Credit ,Approval Q Program./Comm. Relations Myr. U Continental Cablevision 0 T 688 Industrial Or t Elmhurst. IL 60126.1557 0 Delivery De,andente)nManufacturer Availability T Pnaoe7 (030)716-2408 FAR (630)716-2424 F.O.B. Origin custorna iNur Verbal Salesperson Mlke Puylitsch Date at Inquiry Jan 28,1997 r�*by WNrjiy,"Susm lv b'rOwp9t0*tW 4 do MrmY a AM ant tau&, Rem QUantay Deaatpnm, Unit Price EQe bion A 2 FOSTEX/6301 BEAU - Speaker Systems - 6301 b With XLR And 114- $193.00 $366.00 Phone Input Connectors --Plus Lead Shielding For Use With Video And Computer Monitors 10 1 VIDEOTEKJTVM-821 - Analog Products Group, Test Instn,mcrte $3,371.00 $3,371.00 (Available in PAL) - NTSC Combination Broadcast Waveform MonftorNectorscops Wo Case; 5 Year Warranty, 1 Year on CRTs. 11 t VIDEOTEK/YC-1 - Analog Products Group, Test Instrument Options - $35.00 $35.00 Adaptor for Observing Y/C Signal on TVM-675, TVM-621 or T~00; Converts G Video Cable Connector to Dual BNCs; 5 Year Warranty. 12 1 VIOEOTEWSSC-1 - Analog Products Group, Cases for Teat $70.00 $70.00 Instrumento - Single Standard Case; 5 Year Warranty. 13 1 AVS/JUNIOR LEVEL 2 - ManuScrip Character Generators - Logo $7,225.00 57,225.00 Composer Drawing Padcage & the Spacial Pack at 10 Latin Master Typefaoos; 1 ans Resolution, RGB Edit 0" Composite, Y/C & RGB Program Out, Internal Composite Linear Keyer, Graduated Osricyround Color Gonerator U1r.'U 97 16:35 1054' 6.a 501_ Sir-; Ut:FihI ELEC zpn3. tins SMOIRM Quotation Electronics inc. _^ i2CJ Greenleaf Avenue AudioNideo/Data Communications Quotation # TBJIOQ.AOC Fla Grove Village, Illinois 60007-5597 Engineering Sales Sai Bice Rental Date Jan 30 1<.97 (847) 364-1900 FAX: (847) 364-5019 Page 4 or 7 Terry Cantwell Terms Net 30 Days Upon Credit Approval Q Program.lComm. Relatloru Mgr. 0 Continental Cablevision 0 T 6881ndustrialOr Elmhurst, IL 60126-1557 p Oeiiveiy Dependent On Manufacturer Availability T Pnonz+r (630)716-2408 Fw (630)716-2424 F.O.H. Origin customerin*& Verbal 'alesperzon Mike Poglit3ch Owe or inquiry Jan 28,1997 AAt�.+ro�a+/Yptir. wnblrrplo,b,lkq aeMba.,e#+reMr.na,nvmard'vu aM vNOe ev,wo.",N. Rem uuar%cy oea,xlptxM Unit Price Extewon 14 4 PANASONIC/8Tv901Y- Monitors, High Grade ST Series Color $648.00 $2,592.uu Monitors - 9" Rack MOumaDle Color Mwilor, 300 Line4 horizontal Resolution. S Video, Ext. Sync, Pulse Cross, Blue Only & Unde:scan & Audio Monitoring 15 1 PANASONIC/BT-Si 370Y - Monitors, High Grade 81' Series Color Monitors - 13' Multistandard Color Video Monitor; PAL, SECAM, NTSC 3.58 & NTSC 4.43; 420 Linea Horizontal Resolution, Blue Signs) Only. Rack Mountable, w/Optionol BA -131, S Video / Video Input & Audio Monitoring. 16 1 MACKIE/M81402-M2.14 Chamtel audio board. 17 1 TASCAM,(TFAC/CD201 - Production & Industrial CD Players - 3U Rack Mountable Compact Disc Player Designed for Applications Like Production, Broadest, Sampling & DJs; 1 Bit Delts/Sigma D/A Converters; S/PDIF Digital Output; Auto Cue w/ Iwo (2) 3en3ltivity Levels $473.00 $380.00 Y.7W M,KW'N yM, $ 887.00 $473.00 $380.00 0I, JI) 97 16,3e, '$S1" '67 101:j swig= Electronics Inc. 1200 Greenleaf Avenue Elk Grove Village, Illinois 60007-5597 (047) 864-11W FAX: (847) 36"019 Tent' Cantwell O ProgramJCOmm. ReiaUora Mgr. u Continental Cablevision 0 T 688 Industrial Or s Elmhurst. IL 60126-1557 0 T Pnonew ((130)716-2408 0 FA)C (630)716-2424 customs. tnµrr Verbal SWIDERSKI ELEC Qtuq8, n('s Quotation AudioNideo/0ata Communications Quotation a TBJ10C1a00 Enyineerirtg Sales SP.rvice Renta) Date Jan 30,1997 Page 5 or 7 Terms Net 30 Days Upon Credit Approval Delivery oPpendent On ManufacturerAvailakAity F.O.G. Origin Salesperson Miko Pogiitsch Date cr inquiry Jan 2a, 1997 Flmp9lb-bW✓%iWv1'.w,Wr,!e/11101IfC9 OIIL'YYR, 4�0,C1b Nbmp Vq rfr-bnMnwa-iil1. Item k]Wrxdy Les� ura Prke extension 18 � 2 PANASONIC.AG-DPSOOHXL - VCRs, Supercam Packages, $8,765.00 $17,530.00 Camcorder Package Contains 11) AG-DP800 3 CCD $VHS Camcorder: (il SI4X7.58RM4 Fujinon 14:1 Lens; (1) CCH800 Thermodyne Hardshell Carry Case; (1) WV-Ur700 Tripod Plate; 11) ABP800 Anton Rawer Battery / Charger Kit. 19 / 2 LOWEU01-95 - Tota/Omni 1@s - Omni 4 WA Includes four (4) Omni $1;261.00 $2,522.00 . lJ Lights *116' Cables, #1 Reflectors (Less Lamps), I• W r (4) Omni Samdoors, Four (4) Otrtnl Stands, One (1) Omni lampak, One (1) 01- 86 Omni Case. 20 4 LOWEL/F('K-LampslUmpaks, Omni Light Lamps- 120VI300W $21.Oo $84.00 3200 K Ctoar; Average We 100 Hrs• 21 4 ELECTRO-VOICEM35A/B- Mic u011one/Wireless, SWGiolProfessional $118.00 $472.00 Microphones - Dynamic Omni MkmPhone */Fret Black Finish. 8�.... ,..,. P, (ti: Jct 'B'gJ� �dJ 5015 awIDEt1 Electronics Inc. 51VIDERSKI ELEC �Oo' ,icy Quotation 1200 Grevnlaaf Avenue v Audio)Videc!Pata Communications Quotation 4 Elk Grove Village, 91inois 60007-5597 Engineering Sales Service Rental Date (447) 364-1900 FAX_ (847) 3645019 Page Terry Cantwell Terms Net 30 Days Upon Credit Approval Program./Comm. Relations Myr. Continental Cablevision , 688 InCustrial Or - Elmhurst, IL 60126-1557 Delivery Dependent On Manufacturer Availability T phone# (630)716-2408 C; FAX* (630)716-2424 F.O.B. Origin C.utornwirKwr Verbal Daze a' Irquvy Jan 28,1997 Safcrperson Mike Pogidsch T5J10C.AC0 Jan 30,1997 0of7 H nreaw b,wigWr.""waw¢v kJwwy wu.ean a,dpgp4»mmmrwxmw.+.w a,a .. e+...+.e ,de. _ ttern Quantity Oaeonp!W UrA Price Fjdaidan 22 4 SONYIECM-555 - General Audio, Microphones - Broadcast Standard 5303.00 31,212.00 Electret Condenser Laval)er Microphone; Black Anodized Finish; 10.6x21mm (7116" x 27!32"), 6.5g (023oz.) Microphone Head; Omni Directional Mull Purpose Type; Two Way Powering System 23 3 PANASONICNW-06100HS - Cameras, Proline, Single CCD Color $1,858.00 $5,574.00 Cameras w/Y/C - Modular System Color Camera w/213" Super High Senaitivity CCD (Minimum Illumination: 3 Lux) Pick Up Device; Re"ution: 460 Lines, ZH-V Enhancer, SIN: 46d5, Artu. Cont. Tracking Whitc Balance 24 3 PANASONICWJ-LZ141W - Cameras, Proline, Single COD Color $750.00 $2,250.00 Camera w/Y/C, Optional Accessories - 8X Auto FOCUS Zoom Leas. 25 3 PANASONIC&W-CRL2- Cameras, Proline, Single CCD Color $500,00 $1,500.00 Camera w/YIC, Optional Accessories - Camera I VCR Remote Controller, Pan l Tilt Head Coftot: UW-L214/W Zoont 6 rucus Control; Irttertnittent Recording; Rao, Fade, Rae / Review VCR Controls. 26 3 PANASONICIVW-PH10 - Cameras. Proline, Singte CCD "Cdlor $797.00 $2,391.00 camera w/Y/C, Optional Accessories - Pan I Tilt Head. Orr. ..� , UI S5. 97 1.3:01 '$51- 'tl 36L9 Electronics Inc. '?00 Greenleaf Avenue Elk Grove pillage, Illinois 60007-5557 (947) 3641400 FAX --(94T)36"019 S TDERS$1 ELEC Quotation Audio/VideofData Communications Quotation # TBF98C.A00 Engineering Sales Service Rental Date Jan 15,1997 Page 2 of 2 Terry Cantwell Terms Net 30 Days Upon Credit Approval PrograrnlComm. Relations Mgr. 0 Continental CableVls�ion T 688 Industrial Dr E Elmhurst, iL 60126-1557 p Delly" Dependent On Manufacturer Availability T Phw (630)716-2408 FA" (630)716-2424 F.O.B. Origin custanerinqulr Verbal Datz o! irgcvy Jan 75,1997 Salesperson Mike Pogi'dsctl � J� N �YPON" b JOV iIYWY. M Nb.�le YM 4�wry WdYp113 WNG} M11M .5blp 4114 iwbbvV wl /OYI M G1","MYY.MM. gem clum-Ay pab= "M Urd Prift EJ4w 5 ROGEN PHOTOIGITZO13195 - CineNideo Tripods $ Accessories - 5734.00 st.A w 3 Professional Cine/Video Blanc Anodized Tripod w5066 Head; NOTE; a aOd.OU Mounting Stud is 318" Euro Thread on Ali Bogen Tripods. r Through March 1997 Panasonic is offering a $1000 and user rebate on the Supercam. Rebate Is offered directly from Panasonic upon completion of rebate coupon. NOTE. The above equipment docs not include appdcabie sales and/or use tax. Unless otherwise specified, this equipment carries the standard manufacturer's 'IN -SHOP' parts and labor warranty provided the equipment is returned, P.O.B., our plant Elk Grove Village, Illinois. rhia weudee tr &u4feat a tM twrrre ender&rda&ns &s tet Mrdr on tM nwerbe Jlda &Wit vafdrbr30 d&yi Odered by' Swi laraW Macirw is laewperatee I�Aik Po i s January 1 , 1997 � � tis 9� ro IW eenby sower er& &taw prepsWmU Y went tt b& pwftmwd &obi tbantprwiWdgtp&&taedfu6jadmleatwma&Mo&nan, -M&wierei an rel& M"Wae aide. The 1 T,bt Account ExeaAive "I. '.r,. 37 18.3_ *C34- 'K} aUlj or Electronics tnc. I 260 Gvepnleaf Avenue y Elk Grove Village. Illinois 60007-5597 (047) 364-1900 FAX' (847) 3643019 Terry Cantwell o Program./Comm. Retatlons Mgr. u Continental Cab)evision V T 688 Industrial or Elmhurst. IL 60126-1557 D T Pnoree (630)710-2408 PAY.# (630)716-2424 castorwinquv Verbal Datsortnquiy Jan28,1997 S"IDERSGI ELEC ;�nil,c ung Quotation AudioNideolData Communications Quotattun TBJI60.AC0 Engineering Solas Service Rental Cate Jan 30,1997 Page 7 of 7 Terms Nat 30 Daya Upon Credit Approval Oelivery Dependent On Manufacturer Availability F.O.B. Crigin SM05porson Miko Pogiitsch N�rdxa bYmYmSA'i: ..r,uA*+M NuhYc,vip 6-�m1IM>rc�Nl bYa M,m v+yci..rua,.w /aw Q xu,wsas�rr. item CUW*y r WWPba+ Unit Prion Eidenslon 27 3 PANASONICAW-331P - Proline, Single CCO Color Camera w/Y/C $51.UO $153.00 Optional Accessories - Camera Mounting Bracket 28 6 PANASONICNW-PSU3 - Gumera3, Proline, SinglA COO Color Camera w/YiC, Optional Accessories - AC Adapter. 29 3 PANASONIC110H-SOAS -Cameras, Proline, Three l/2" CCD Color Camera, Single COO Color Camorw w/Y/C, Optional Aooessodes - 50 VCR 10 Pin Extension Cable. NOTE. The above equipment does not inciude applicable salas and/or trre tax. Unless otherwise specified, this equipmMt carries the standard manufacturer's "iN SHOP- parts and labor warranty provided the equipment is returned, F.O.B., our plan, Elk Grove Village, Nlinois. rim quotadnn is sut!lsar to the renins end and6one as not Rum on ire reverse " and a valdfor 30 days. Oftvdby. swioerswkiecir rarziikwwperated ice P January 30, 1997 � 9 $239.00 $1,434.00 $102.00 $546.00 we hereby woo# tM above proposal wh a1 work to a perkn.we w* Owns wowded as artaetSad, 044d is da bma and cmdfidw as set radr on the ravwas aide. company Title Acoourlt Executive r • ORIGINAL ESTIMATE OF REGIONAL CABLE GROUP COMMUNITY ACCESS INCREMENTAL CAPITAL INVESTMENT PRESENTED TO REGIONAL CABLE GROUP MARCH 21, 1996 ❑ (1) WINSTED/24153-45 Degree Compact Workstation ❑ (1) SONY/DFB-300 - Production Editing Components, Digital Effect Devices - 4 -Input Multi -Format Switcher w/Digital Effects; Includes Over 300 Preset Effects, Wipes & Mixes; Includes Chrome Keyer & Color Corrector as Standard ❑ (1) SONY/BKDF-504 - Production Editing Components, DME/Switcher, Premiere Switcher/Effects Accessories - 8 -Bit Linear Downstream Keyer Option for the DFS -500; Replaces the BKDF-502 1 -Bit Downstream Keyer; Feature Improved Keying Edge Quality, Gain Control & Finer Clip ❑ (1) SONY/BKDF-301 - Production Editing Compnents, DME/Switcher Accessories - 3D Non-Linear/Linear Effects Option Plug -In Board for the DFS -300; Adds Hundreds of Effects to the Standard DFS -300 Including Page -Turns, Rolls & Spheres; Supplied Accessories; Installation Manual ❑ (2) SONY/SVP-5600 - Production, S -VHS Editing Recorder/Players - SVHS Editing Player; Built-in TBC, TC Reader (LTC/VITC) & RS -422 Interface; Supplied Accessories; 3 -Pin AC Power Cord, Operation Manual ❑ (1) SONY/SVO-S800 - Production, S -VHS -Editing Recorders/Players - S -VHS Editing Recorder/ Player; Buil;t-In TBC, TC Reader/Generator (LTC/VITC) & RS -422A Interface: Supplied Aecelsories: 3 -Pin AC Power Cord, Operation Manual ❑ (1) SONY/PVE-500 - Production Editing Compnents - 1 -Piece Compact A/B Roll Edit Controller w/External Video Switcher & Audio Mixer Control; Maintains RM 4S0 Style Operation w/Additional Control Functions;, Consols Up.to.Miree (3) VTRs (2) Players, 1 Recorder ❑ (3) SONY/RCC-SG/US -'General U-matic; VHS, VTR Cables, Production, UVW Series, Premiere Betacam Accessories - 5 Meter (16 feet) RS -422 9 -Pin Remote Cable ❑ (2) F 6301 BEAV - Speaker Systems - 6301b With XLR And 1/4" Phone Input Co Phu Lead Shielding for use with video and computer monitors ❑ (1) VIDEOTEK/TVM-621 - Analog Products Group, Test Instruments (Also Available in PAL) - NTSC Combination Broadcast Waveform Monitor/Vectorscope w/o Case ❑ (1) VIDE07ECK/YC-1 - Analog Products Group, Test instrument Options -Adaptor for Observing Y/O Signal on TVM-67S, TVM-621 orTVM-100 Converts SVideo Cable Connector to Dual BNCs Community Access Incremental Capital Investment Page Two ❑ (1)AVS GRAPHICS/JUNIOR LEVEL 2 - 18nS resolution, RGB edit out. Composite, Y/C & RGB program out, internal Composite linear keyer, graduated background color generator, 10 master typefaces & logo composer ❑ (4) PANASONIC/BT-5801 Y- High Grade BT Sense Color Monitors - 9" Rack Mountable Color Monitor; 300 lines Horizontal Resolution, SVideo, Ext. Sync., Pulse Cross, Blue Only & Underscan & Audio Monitoring ❑ (I)PANASONIC/BT-51370Y High Grade BT Series Color Monitors - 13" Mulitstandard Color Video Monitor, PAL, SECAM, NTSC 3.58 & NTSC 4.43; 420 Lines Horizontal Resolution, Blue Signal Only, SVideo/Video Input & Audio Monitoring ❑ (1)ELECTRO-VOICE/VECTOR 8 - Audio/video Products, Mixers, Music Electronics - 8 -Channel Stereo/Mono Mixing Console, Rack Mountable ❑ (1)TASCAM/TEAC/CD2-1 - Production & Industrial CD Players - 30 Rack Mountable Compact Disc Player Designed for Applications Like Production, Broadcast, Sampling & DJs; I Bit Delta/Sigma D/A Converters; S/PDIF Digital Output; Auto Cue w/Two (2) Sensitivity Levels; Remote Fader ❑ (2) PANASONIC/AG-DP800HXL - Supercam: Camcorder; A14X7, SBRM-4 Fujinon Lens; CCH800 Hard Shell Shipping Case; WV -Q1700 Tripod Adaptor, ABP800 Anton Bauer Battery Package ❑ (2) LOWELL/01-95 - Tota/Omni Kits - Omni.Kit; Includes; Four (4) Omni -lights w/IW Cables, #1 Reflectors (Less Lamps),.Fmv(4) Omni-Bamdoors, Four (4) Omni - stands. One (1) Omni-lampak. One (1) 0188 Omni Case ❑ (4) ELECTRO-VOICE/635A/B Audio/Video„Studio/ Professional Products - Dynamic Omni Microphone w/Fiat Black Finish ❑ (4)SOI-0 -SSS General Audio - Broadcast Standard.Electret Condenser Lavalier Black Anodized Finish; 10.6x21 mm (7/16"x27/32"), 6.Sg (0.23oz) Microp8,iitie Head; Omni -directional Multi -Purpose Type; Two -Way Powering System; AA -Size Battery or External Power ❑ (5) DOWNLINK RECEIVE UNITS - Minimum 3 -Meter Satellite Antenna Hardware, Inclusive of Mount System, Template Medumcal Stewing Hardware, Cable Lead and Bolt Padoge Total Incremental Access Capital, Per Community TOTAL f 76-214.00 Net Aggregate RCG Incremental Access Capital Investment TOTAL 1381-070.00 63 APPENDIX E COMMUNITY BUILDINGS DESIGNATED FOR SUBSCRIBER CABLE AND I -NET CONNECTIONS SUBSCRIBER CABLE CONNECTION LOCATIONS: Elk Grove Village Hall/Police Department 901 Wellington Avenue Elk Grove Fire Department/Headquarters 901 Brantwood Elk Grove Fire Department/Biesterfield Station 101 Biesterfield Road Elk Grove Fire Department/Meacham Station 676 Meacham Road Elk Grove Fire Department/Landmeier Station 666 Landmeier Road Elk Grove Fire Department/Greenleaf Station 1665 Greenleaf Avenue Elk Grove Fire Department/Oakton Station Oakton Street (Final Address Pending) Elk Grove Public Works Department Garage 666 Landmeier Road Elk Grove Public Works Department Garage 1635 Biesterfield Road Elk Grove Park District - Administration 499 Biesterfield Road Elk Grove Park District - Jack Claes Pavilion/Ch. 6 1000 Wellington Ave. Farm House Museum 399 Biesterfield Road Elk Grove Park District - L:ons Park Community Center 180 Kennedy Boulevard Elk Grove Park District - Al Hattendorf Center 225 Elk Grove Blvd. Elk Grove Park District - Rainbow Falls Swimming Pool Lions Dr. @ Elk Grove Blvd. Elk Grove Park District - Fox Run Golf Links 333 Plum Grove Road Elk Grove Park District - Fox Run Driving Links Meacham Road between Schaumburg and Nerge Roads Elk Grove Park District -Maintenance Garage 142 Lively Boulevard Elk Grove Public Library 1001 Wellington Ave. Grove Junior High School 777 Elk Grove Blvd. Forest View/Ridge School 650 Ridge Avenue Clearmont School 280 Clearmont Drive Byrd School 265 Wellington Ave. Rupley School 305 East Oakton Street Salt Creek School 65 Kennedy Boulevard Mead Junior High School 1765 Biesterfield Road Adolph Link School 900 Southwest Glenn Trail Road Adlai E. Stevenson School 1414 Armstrong Lane Elk Grove High School 500 Elk Grove Blvd. Elk Grove Township Offices 2400 South Arlington Heights Road Elk Grove Township Facility 711 Chelmsford Lane Queen of Rosary Elementary School 750 Elk Grove Blvd. 64 APPENDIX E (CONTINUED) INSTITUTIONAL NETWORK CONNECTION LOCATIONS: Elk Grove Village Hall/Police Department 901 Wellington Avenue Elk Grove Fire Department/Headquarters Station 901 Brantwood Elk Grove Fire Department/Biesterfield Station 101 Biesterfield Road Elk Grove Fire Department/Meacham Station 676 Meacham Road Elk Grove Fire Department/Landmeier Station 666 Landmeier Road Elk Grove Fire Department/Greenleaf Station 1665 Greenleaf Avenue Elk Grove Fire Department/Oakton Station Oakton Street (Final Address Pending)* Elk Grove Public Works Department Garage 666 Landmeier Road Elk Grove Public Works Department Garage 1635 Biesterfield Road Pump House #2 1231 Busse Road* Pump House #6 1751 Greenleaf Avenue* Pump House #7 992 West Glenn Trail* Pump House #8 2790 Lively Boulevard* Pump House #9 1400 Brummel Avenue* Pump House #11 1689 Virginia Lane* Pump House #13 931 Mississippi Lane* Pump House #14 998 Devon Avenue* Biesterfield Receiving Station 200 Biesterfield Road* Dierking Receiving Station 850 Dierking Terrace* Gibson Receiving Station 1635 Gibson* Lee Street Receiving Station 940 Lee Street* East Elevated Tank 701 Pratt Boulevard* West Elevated Tank 1141 Hawthorne Lane* Pressure Station 889 Rohlwing Road* Devon O'Hare Lift Station 2475 Pan Am Blvd.* Greenleaf Lift Station 2580 Greenleaf Avenue* Huntington Chase Lift Station 1182 Westminster Lane* Jet Die Lift Station 860 Elmhurst Road* Leeds Lift Station 1201 Leeds Avenue* Lunt Lift Station 2401 Lunt Avenue* Mallard Crossing Lift Station 1501 Biesterfield Road* Nerge Lift Station 1726 Nerge Road* Pratt Lift Station 1950 Pratt Boulevard* Residential Lift Station 220 Elk Grove Blvd.* Rohlwing Lift Station 1031 Nerge Road* Route 83 Lift Station 2250 Busse Road* Shadywood Lift Station 100 Shadywood Lane* Shenandoah Lift Station 1491 Harr Lane* Touhy Lift Station 2261 Touhy Avenue* 65 APPENDIX E (CONTINUED) INSTITUTIONAL NETWORK CONNECTION LOCATIONS (continued): Elk Grove Park District - Administration 499 Biesterfield Road Elk Grove Park District - Jack Claes Pavilion/Ch. 6 1000 Wellington Ave. Farm House Museum 399 Biesterfield Road Elk Grove Park District - Lions Park Community Center 180 Kennedy Boulevard Elk Grove Park District - Al Hattendorf Center 225 Elk Grove Blvd. Elk Grove Park District - Rainbow Falls Swimming Pool Lions Dr. @ Elk Grove Blvd. Elk Grove Park District - Fox Run Golf Links 333 Plum Grove Rd.* Elk Grove Park District - Fox Run Driving Links Meacham Road between Schaumburg and Nerge Roads* Elk Grove Park District - Maintenance Facility 142 Lively Boulevard* Elk Grove Public Library 1001 Wellington Ave. Grove Junior High School 777 Elk Grove Blvd. Forest View/Ridge School 650 Ridge Avenue Clearmont School 280 Clearmont Drive Byrd School 265 Wellington Ave. Rupley School 305 East Oakton Street Salt Creek School 65 Kennedy Boulevard Mead Junior High School 1765 Biesterfield Road Adolph Link School 900 Southwest Glenn Trail Road Adlai E. Stevenson School 1414 Armstrong Lane Elk Grove High School 500 Elk Grove Blvd. Elk Grove Township Offices 2400 South Arlington Heights Road Elk Grove Township Facility 711 Chelmsford Lane* Queen of Rosary Elementary School 750 Elk Grove Blvd.* Alexian Brothers Medical Center 800 Biesterfield Rd.* NOTE TO INSTITUTIONAL NETWORK CONNECTION LOCATIONS: * - Sites were not connected as of March, 1996 due to requirements of extensions of B -Cable from 100 feet to 2400 feet. These sites shall be connected to the I -Net upon request of the municipality.