HomeMy WebLinkAboutRESOLUTION - 46-81 - 7/28/1981 - CABLE TV WARNER AMEX AGRMTRESOLUTION NO. 46-81
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK
TO SIGN A CABLE TV FRANCHISE AGREEMENT BETWEEN THE VILLAGE OF
ELK GROVE VILLAGE AND WARNER AMEX CABLE COMMUNICATIONS COMPANY
OF NORTHWEST SUBURBS
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:
Section 1. That the Village President be and is hereby authorized to
sign the attached document identified as Cable TV Franchise Agreement between
the Village of Elk Grove Village and Warner Amex Cable Communications Company
of Northwest Suburbs, 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 document 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.
ATTEST:
VOTES: AYES: 6
NAYES: 0
ABSENT: 0
Fay M. Bishop
Village Clerk
Charles J. Zettek
Village President
PASSED
this
28th
day
of
July
, 1981.
APPROVED
this
28th
day
of
July
, 1981.
VILLAGE OF ELK GROVE VILLAGE
Section
CABLE TV - FRANCHISE AGREEMENT
SECTION 1
Grant and Acceptance of Franchise ------------------- I
Section 2
Definitions -----------------------------------------2
Section 3
Commitments by Franchisee to Extrinsic Matters ------2
Section 4
Rights Reserved by Municipality ---------------------4
Section 5
Term ------------------------------------------------6
Section 6
Territorial Extent of Franchise ---------------------6
Section 7
Line Extension Policy -------------------------------6
Section 8
Description of System Design ------------------------8
Section 9
Technical Performance and Standards -----------------8
Section 10
Areawide Interconnection of Cable Systems -----------9
Section 11
Channel Line -Up ------------------------------------9
Section 12
Construction Schedule -------------------------------9
Section
13
Standards and Restrictions a3 to Construction and
Installation ---------------------------------------10
Section
14
Services to the Subscriber -------------------------16
Section
15
Access Channel Service -----------------------------18
Section
16
Maintenance and Customer Service -------------------18
Section
17
Public Access Channel ------------------------------20
Section
18
Services to the Municipality -----------------------23
Section
19
Services to Education and Other Institutions -------24
Section
20
Program and Production Assistance ------------------26
Section
21
Production Facilities and Staffing -----------------27
Section
22
Rates and Charges ----------------------------------27
Section
23
Leased Channels ------------------------------------28
Section
24
Delegation of Powers -------------------------------29
FRANCHISE AGREEMENT
This AGREEMENT is entered into by and between the
Village of Elk Grove Village, an Illinois Municipal
Corporation, hereinafter referred to as "Municipality",
and Warner Amex Cable Communications Company of Northwest
Suburbs, a joint venture, hereinafter referred to as
"Franchisee".
In consideration of the faithful performance and
strict observance by the Franchisee of all the terms,
provisions, conditions, obligations and reservations
hereinafter set forth or provided for herein, and also
provided for in the Village of Elk Grove Village Cable
Communications Ordinance (Elk Grove, Ordinance No. 1448)
pursuant to which this Agreement is executed, and in con-
sideration of the grant to the Franchisee, by the
Municipality, of a cable communication system franchise,
it is hereby agreed between the parties hereto as follows:
SECTION 1: Grant and Acceptance of Franchise
The Municipality hereby grants to Franchisee a non-
exclusive franchise and right to erect, install, construct,
reconstruct, replace, remove, repair, maintain, operate in
or upon, under, above, across and from the streets, avenues,
highways, sidewalks, bridges, and other public ways, easements,
and rights-of-way as now existing and all extensions thereof,
and additions thereto, in, belonging to or under the juris-
diction of the Municipality, all necessary poles, wires,
cable, coaxial cables, transformers, amplifiers, underground
conduits, manholes and other television and/or radio conductors and
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fixtures for the sole purpose of the ownership, mainten-
ance and operation in the Municipality of a cable
communication system, all in strict accordance with the
laws, ordinances, and regulations of the United States
of America, the State of Illinois, and the Municipality,
as now existing or hereafter adopted or amended.
Franchisee hereby accepts the franchise and warrants
and represents that it has examined all of the provisions
of the Village of Elk Grove Village Cable Communications
Ordinance, and this franchise, and it accepts and agrees
to all the provisions contained therein, and the same are
incorporated herein.
SECTION 2: Definitions
Unless the context clearly indicates that a
different meaning is intended, for the purposes of this
Agreement all terms, phrases, words and their derivations
shall have the meaning given them in Article II, Section 1,
of the Cable Communications Ordinance, and shall include the
definition of "gross revenues" contained in the letter
dated April 1, 1981, from Richard M. Berman, General Counsel,
Warner Amex Cable Communications of Northwest Suburbs, which
is attached hereto as Exhibit A, and made a part hereof.
SECTION 3: Commitments by Franchisee to Extrinsic Matters
The Franchisee hereby:
(a) Accepts and agrees to all of the
provisions of the Cable Communications Ordinance, and the
obligations imposed upon it thereby, to the same degree
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and extent, as if each and every such provision were
repeated herein, and irrespective of whether any such
provisions be so repeated. The Franchisee further accepts
and agrees that, except to the extent they may conflict
with this franchise or be expressly modified herein, it
hereby contractually binds itself to the Municipality as
to all commitments heretofore made by it to the Municipality,
relating to construction and operation of its system, and the
services to be rendered thereby, as recited in Exhibits A
through K which are attached hereto and made a part hereof.
In case of conflict or ambiquity between any of
the preceding documents, that provision which provides
the greatest benefit to the Municipality in the opinion
of the Village Board shall prevail.
(b) Represents and warrants to the Municipality
that it has examined all of the provisions of the Cable
Communications Ordinance and waives any claim that any
provisions thereof are unreasonable, arbitrary, invalid
or void.
(c) Recognizes the right of the Municipality
to make reasonable amendments, changes and modifications
to the Cable Communications Ordinance, or Franchise Agree-
ment as provided in Article IV, Section 3, and Article VII,
Section 6 (2) of the Ordinance. No other changes,
modifications or amendments may be made with respect to
this Agreement, except by the mutual written consent of
the Franchisee and the Municipality. It further recognizes
and agrees that the Municipality shall in no way be bound
to renew the franchise at the end of any franchise term.
(d) Agrees to use its best efforts, at its
expense, to actively and diligently conduct the process-
ing of all applications to the FCC (or other governmental
regulatory bodies) necessary to permit construction and
commencement of its operations in accordance with the
Cable Communications Ordinance and this Franchise Agree-
ment, including but not limited to FCC approval of excess
franchise fees and any special licenses or permissions
associated therewith.
SECTION 4: Rights Reserved by Municipality
In addition to the rights reserved to the Municipality
in Article VII, Section 6 and Article IV, Section 6, of the
Cable Communications Ordinance, the franchise is subject
to the right of the Municipality, pursuant to the follow-
ing provisions of the Cable Communications Ordinance:
(a) To require proper and adequate extensions
of plant and service and maintenance thereof at the highest
practicable standard of efficiency, and specifically to
require extension of service to all potential subscribers
in the Primary Service Area of the Municipality within
two (2) years of the effective date of the franchise; the
effective date of the franchise being the latest date of
the franchise agreement executed by Rolling Meadows, Buffalo
Grove, Elk Grove, or Hoffman Estates, or July 30, 1981,
whichever is earliest.
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(b) To establish reasonable standards of
service and quality of products, and to prevent unjust
discrimination in service or rates.
(c) To require continuous and uninterrupted
service to the public in accordance with the terms of
the franchise throughout the entire period thereof.
(d) To control and regulate the use of its
streets, alleys, bridges, and public places and the
space above and beneath them.
(e) To install and maintain without charge its
own equipment upon the Franchisee's poles upon the
condition that said equipment does not unreasonably
interfere with the operations of the Franchisee.
(f) Through its appropriately designated
representatives, to inspect all construction or installa-
tion work performed subject to the provisions of the
Franchise Agreement and the Cable Communications Ordinance
and to make such inspections as it shall find necessary
to insure compliance with the terms of the franchise, the
Cable Communications Ordinance and other pertinent provisions
of law.
(g) At the expiration of the term for which this
franchise is granted, or upon the revocation of the franchise
as provided in the Cable Communications Ordinance, to require
the Franchisee to remove, at its own expense, any and all
portions of the Cable Television System from the public ways
within the Municipality should no successor Franchisee
be named by the Municipality.
SECTION 5: Term
The term of this franchise shall be fifteen (15)
years from the effective date of this franchise agreement.
It shall continue unless sooner terminated or renewed as
provided by the Cable Communications Ordinance. This
Franchise Agreement may be renwed at the discretion of the
Municipal pursuant to the procedures set forth in Article IV,
Section 5 of the Cable Communications Ordinance.
SECTION 6: Territorial Extent of Franchise
The Franchisee is authorized to operate throughout
the entire territory within the corporate limits of the
Municipality, as the same now or in the future may exist.
Pursuant to Article VI, Section 1, of the Cable
Communications Ordinance, the Primary Service Area shall
be the area shown on the map attached hereto as Exhibit
B and made a part hereof. The Municipality specifically
retains the right to award to other Franchisees the right
to operate a cable system in the Municipality.
SECTION 7: Line Extension Policy
(a) Franchisee will extend cable service at
its sole cost to any area outside of the Primary Service
Area which may be subsequently annexed by the Village
that has a minimum density ratio of 50 dwelling units
per street mile throughout in accordance with Article
VI, Section 2 of the Cable Communications Ordinance.
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(b) In areas annexed by the Village comprised
of a density ratio less than 50 dwelling units per street
mile (hereinafter referred to as a "Secondary Service
Area"), Franchisee will extend service as follows:
(i) When the Franchisee is requested to
extend service to any person or persons in a Secondary
Service Area, Franchisee shall undertake an engineering/
cost survey within 30 days after such request.
(ii) At the conclusion of the survey, the
Franchisee will determine the total capital cost required
to extend service to the Secondary Service Area.
Franchisee will contribute 50% of the cost and the
requesting persons shall contribute the balance on a
pro rata basis should they desire to proceed. Those
residents who do accept these conditions will comprise
the Initial Service Group ("ISG").
(iii) Within 30 days after determination
of the ISG and receipt of all contributions from that
Group, construction will commence. If, at any time
after the determination of the ISG, an additional resident
or residents within that Secondary Service Area desire
service, such additional resident or residents will be
required to contribute a pro rata amount equal to the
amount they would have contributed had they been included
as an original member of the ISG. Said contributions
will then be redistributed equally to each member of
the ISG, or their assignee, by the Franchisee.
Wi'
(iv) The foregoing procedure will cot nue
until the density in the Secondary Service Area reaches
50 dwelling units per street miles. When such density
occurs, Franchisee will fully refund to all original
and subsequent members of the ISG, or their assignee,
the balance of the amount they have contributed in
excess of standard installation fees.
SECTION 8: Description of System Design
(a) The Franchisee's cable communication system
shall consist of a Subscriber Network and an Institutional
Network, as described in Exhibit C (attached hereto and
made a part hereof), both of which Networks shall conform
in all respects with the performance and technical standards
described in the Cable Communications Ordinance and
Section 9, below.
(b) Nothing herein shall be construed to
prohibit the Franchisee from increasing the capability
of the cable communication system or constructing the
same in accord with more advanced technological standards
than initially proposed by the Franchisee.
SECTION 9: Technical Performance and Standards
All performance and technical standards governing
construction, reconstruction, erection, installation,
operation, testing, use, maintenance and dismantling
of the cable communication system provided for herein
shall be in accordance with all applicable FCC and other
federal, state and municipal laws and regulations provided
ME
however, that if the FCC discontinues promulgation or
enforcement of such technical specifications, such
specifications shall remain in force and effect until
Municipality exercises its right hereunder to amend
this Agreement to require such reasonable standards
as it shall deem necessary.
SECTION 10: Areawide Interconnection of Cable Systems
Franchisee agrees to provide a hard cable inter-
connection pursuant to Exhibit D from its main head -
end located in Rolling Meadows with the main head -end
of Cablenet, or its successor.
SECTION 11: Channel Line-up
The cable communication system as installed
in the Municipality shall provide the services and
possess the physical capabilities set forth in Exhibit
E attached hereto and made a part hereof.
SECTION•12: Construction Schedule
(a) Within 24 months of the effective date of
this Franchise Agreement, Franchisee shall construct
and activate the cable television system and offer
cable communications services to all residences or
persons requesting such service within the Primary Service
Area in accordance with Article VI, Section 9, of the
Cable Communications Ordinance, and the construction
and activation schedule set forth in (b) below.
(b) Within 15 months of the effective date
of this Franchise Agreement, Franchisee shall install,
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activate and offer service to not less than 15% of the
total number of potential subscribers within the
Primary Service Area.
(c) The penalty assessed upon the Franchisee
will be $500.00 per day for each day of non-compliance
with the time schedule in (a) above and $250.00 per day
for each day of non-compliance with the time schedule
in (b) above.
The time schedules may be extended by the
Franchisee for a period of time occasioned by 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, utilities' delays, failure to obtain
easements, or any cause beyond the control of the
Franchisee.
In the event the time schedule for construction
is extended as above provided, the subscriber rate
schedule as set forth in Section 22, Rates and
Charges, shall be extended a like period of time for
those subscribers not already on the system.
SECTION 13: Standards and Restrictions as to construction
and Installation.
(a) The Franchisee shall at all times during
the term of the Franchise be subject to all ordinances,
rules and regulations currently in effect or as hereafter
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may be imposed by the Municipality, which have been
determined to be conducive to the health, safety
and welfare of the public in the exercise of its
police power. The Municipality hereby waives all
permit or inspection fees insofar as they relate to
Franchisee's construction of the cable system plant,
subscriber drops, or installation for CATV service.
Permit fees shall be paid in accordance with Village
codes for any construction by the Franchisee including
but not limited to new or remodeled structures, towers,
antennas, or electrical connections. The Franchisee
will reimburse the Village at the hourly rates
hereinafter set forth for plan review and inspections
by municipal engineering personnel relating to Franchisee's
construction of the cable plant. Reimbursement to the
Village shall be payable within thirty (30) days of
receipt of invoice. The rates are as follows:
Village Engineer $19.50 per hour
Assistant Village Engineer $15.13 per hour
Inspector $12.98 per hour
Clerical $ 9.43 per hour
Said rates are subject to change annually on May 1
during the term of this agreement.
(b) No construction, reconstruction or
relocation of, the cable television system, or any part
thereof, within the streets shall be commenced unless
written permits have been obtained from the proper
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municipal officials. In any permit so issued, such official
may impose any condition, restriction or regulation as
is necessary for the purpose of protecting any structures
in the streets and for the proper restoration of such
streets and structures, and for the protection of the
public and the continuity of pedestrian and vehicular
traffic. Upon obtaining such .permits or other written
approval, the Franchisee shall give the appropriate
municipal official written notice of proposed construction
at least twenty (20) days prior to construction.
(c) Prior to the erection or installation
of any towers, poles, guys, anchors, underground conduits,
manholes or fixtures for use in connection with the
installation, construction, maintenance or operation of
the cable television system under this Franchise, the
Franchisee shall first submit to the Village Engineer,
for approval, a concise description of the facilities
proposed to be erected or installed, including engineering
drawings, if required, together with a map and plans
indicating the proposed location of all such facilities.
No erection or installation of any tower,pole, guy,
anchor, underground conduit, manhole, or fixture for use
in a community antenna television system shall be
commenced by any person until approval therefor has been
received from the Village Engineer provided further,
that such approval shall not be unreasonably withheld.
Nothwithstanding such approval, however, the Municipality
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shall have the right to inspect all construction or
installation work performed subject to the provisions
of this franchise and make such inspections as it shall
find necessary to insure compliance with the terms of
this franchise and other pertinent provisions of law.
(d) Any contractor performing installation,
maintenance, or repair of system equipment must be properly
licensed under the laws of the State of Illinois, and all
local ordinances, and be thoroughly experienced in under-
ground conduit and cable installation, in cable
installation on poles, or in any other capacity for which
retained.
(e) The Franchisee's system and associated
equipment erected by the Franchisee within the Municipality
shall be located to cause minimum interference with the
proper use of streets, alleys, and other public ways and
places, and to cause minimum interference with the rights
and reasonable convenience of property owners who adjoin
any of said streets, alleys or other public ways and places.
No pole or other fixtures placed in any public ways by the
Franchisee shall be placed in such a manner as to interfere
with the usual travel on such public way.
(f) No poles or other wire -holding structures
shall be erected by the Franchisee without prior approval
and in the sole discretion of the Village Engineer with
regard to location, height, type and any other pertinent
aspect. However, no location of any pole or wire -holding
structure of the Franchisee shall be a vested interest and
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such poles or structures shall be removed or modified by
the Franchisee at its own expense whenever the Municipality
determines that the public safety would be enhanced
thereby. Franchisee shall utilize existing poles, conduits,
or other wire -holding structures whenever possible. Where
the Municipality or a public utility serving the Municipality
desires to make use of the Franchisee's poles, Franchisee
shall make every effort to accommodate the needs of the
Municipality if the Municipality determines that such use
would enhance the public convenience and if such use would
not unreasonably interfere with the cable television system
operations of the Franchisee.
(g) All installations shall be underground in
those areas of the Municipality where public utilities
providing both telephone and electric service are underground
at the time of installation. Notwithstanding any ordinances
to the contrary, in areas where either telephone or electric
utility facilities are above ground at the time of
installation of the cable system the Franchisee may install
its service above ground, provided that at such time as the
utility facilities are required to be placed underground
by the Municipality or are placed underground by the
Utility, the Franchisee shall likewise place its services
underground without additional cost to the Municipality or
to the individual subscriber so served within the Municipality.
Where not otherwise required to be placed underground by this
ordinance, the Franchisee's system shall be located underground
-15 -
at the request of the adjacent property owner, provided
that the excess cost over aerial location shall be borne
by the property owner making the request. All cable
passing under the roadway shall be installed in conduit.
Street cuts will only be permitted if specifically approved
by the Village Engineer.
(h) The Municipality does not guarantee the
accuracy of any maps showing the horizontal or vertical
location of existing sub -structure. Where necessary the
location shall be verified by the Franchisee.
(i) Franchisee shall, at its cost and expense,
and in a manner approved by the appropriate municipal
official, repair, replace or restore any street, sidewalk,
alley, public way or any other property disturbed or
damanged or in any way injured by or on account of its
activities in as good condition as before the work involving
such disturbance was done and agrees to do so as soon as
practicably possible after completion of such work causing
such disturbance or damage. In the event Franchisee fails
to perform the replacement or restoration in a manner
approved by the Municipality or property owner, Municipality
or owners shall have the right to do so at the sole cost and
expense of the Franchisee. Upon written demand for
reimbursement for the cost of replacement or restoration of
dammed property, Franchisee shall promptly remit reimburse-
ment to the Municipality or property owners, or the
Muncipality may draw upon the cash escrow or letter of credit
-16 -
required to be maintained by Franchisee pursuant to
Article IV, Section 12 (E) of the Cable Communications
Ordinance.
(j) Franchisee shall have authority to cut or
trim any tree, shrub or vegetation on public property as
may be necessary to protect its wires and facilities. All
such trimming shall be performed in accordance with
standard local horticultural practices. The Municipality
reserves the option to have the Village employees perform
the trimming, or to allow Franchisee to perform the work
under the supervision and direction of the Municipality.
Any such work shall be performed at Franchisee's expense.
(k) The desire of the subscriber as to the
point of entry into the residence shall be observed
wherever possible. Runs in building interiors shall be
as unobtrusive as reasonably possible.
(1) During the period of constrt.ction, Franchisee's
Project Manager will be responsible for administering any and
all complaints concerning construction activity. The
Franchisee will provide the Village and other appropriate
parties with the name, address and phone number of the
Project Manager or his/her designee before construction
commences.
SECTION 14: Services to the Subscriber
(a) Concurrently with the activation of the
cable communications system in the Municipality pursuant
to Section 12 of the Franchise Agreement, the Franchisee
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shall provide all services to subscribers as described in
Exhibit E and in accordance with the rates and charges
described in Exhibit F.
(b) Concurrently with the activation of the
cable communications system in the Municipality, pursuant
to Section 12 of the Franchise Agreement, the Franchisee
shall mail, on a regular basis, a free program guide to all
subscribers which shall include Regular Subscriber Services
and Pay Services. Where programs have been given a rating
or code designating suggested audiences, such rating, and
the reason therefor, shall be included in the program
description.
(c) The Franchisee shall provide to each sub-
scriber the converter equipment necessary for the receipt
of all services to which they subscribe. Converters shall
have the capability of allowing the subscriber to "lock
out" audible and visual receipt of programming on premium
channels. The Franchisee may collect at the time of
installation, a deposit from subscribers to insure the
protection and return of the converter equipment. At the
termination of service, the subscriber shall receive a
refund, in full, of his security deposit when the subscriber
returns the converter equipment in good condition to the
Franchisee. Normal wear is expected. In the event the
converter equipment is not returned to the Franchisee or
is not returned in good condition at the termination of
service, the Franchisee may retain from the security deposit
arm
the actual cost of the converter equipment or the actual
cost of repair.
(d) Franchisee shall mail to each subscriber
on a monthly basis an itemized bill clearly indicating
each service for which payment is due.
SECTION 15: Access Channel Service
Concurrently with the activation of the cable
communication system pursuant to Section 12 of this
Agreement, Franchisee shall offer to all non -subscriber
residents, in the Primary Service Area at their request,
and as the system is activated in any secondary service
area, with a service outlet in their premises which shall
be capable of providing a minimum of three channels:
one (1) local government access, one (1) public access,
and one (1) education access channel. The installation
charge shall be as described in Exhibit F. No monthly
subscription rate will be charged. Activation and
installation of this service shall be performed on the
same construction schedule as for subscribers in the
immediate area.
SECTION 16: Maintenance and Customer Service
The Franchisee shall:
(a) Maintain all wires, conduits, cables and
other real and personal property and facilities comprising
the cable television system in good working condition.
(b) At all times maintain a force of one or
more agents or employees in sufficient numbers and of
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sufficient technical qualifications to safely, adequately
and promptly repair any structural damage to system
equipment which is located in, over, under or upon public
streets, ways, or places; and to immediately secure the
public safety in the vicinity thereof, prior to, and
during the making of said repairs.
(c) Operate the cable television system
continuously, with operating personnel available on call
24 hours per day with a publicly listed telephone number
to receive complaints and requests for repairs or adjust-
ments at any time.
(d) Render efficient service, locate and repair
malfunctions promptly, and respond to subscriber service
complaints within 24 hours after notice; except where
extraordinary circumstances exist, as provided in the Cable
Communications Ordinance.
(e) Maintain a log accurately showing the time,
the duration, probable cause and action taken on all
failures or outages on the main distribution system and
each and every subscriber complaint or request for repair
received and the disposition thereof. Said log shall be
available for inspection by the Municipality at any time
during normal business hours.
(f) Maintain a customer service office in the
Municipality. Subscribers may use any customer service
office listed above for payment and adjustment of bills,
complaints and requests for repair or other transactions.
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Each office shall maintain regular business hours which
shall include, at a minimum, four and one-half days
between Monday and Friday, and Saturday morning.
(g) Furnish information, as subscribers are
connected or reconnected to the cable television system,
concerning the procedures for making inquiries or com-
plaints. Such information shall include, at a minimum,
the address, telephone number and hours of operation of
the cable television company, to whom such inquiries and
complaints are to be addressed.
SECTION 17: Public Access Channel
(a) Concurrently with the activation of the
cable communication system pursuant to Section 12 of this
agreement, the Franchisee shall provide two (2) public
access channels for use by the public which access channels
shall be operated in accord with applicable rules and
regulations of all Federal, State and local agencies
having jurisdiction. Not later than the completion of
construction of the cable communications system as set
forth in Section 12(a), the Franchisee shall provide studio
and production facilities and personnel necessary for the
use of the public access channels by the public as des-
cribed in Section 20 and 21, infra. Concurrently with the
activation of the cable communications system pursuant to
Section 12 of this agreement, the Franchisee shall make
available portapaks and the mobile production unit. Franchisee
reserves the right to limit such access to not more than 60
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minutes per individual or organization. No charge shall
be made for production of public access programs not
exceeding 60 minutes in length.
(b) The Franchisee shall adopt operating rules
for the public access channels as provided in Article VI,
Section 4(b) (3), of the Cable Communications Ordinance
which shall be filed with the Municipality prior to the
activation of the channels. Said operating rules shall
include the following minimum requirements:
(1) The users of public access channels
shall be responsible for obtaining appropriate authorization
from the owners of intellectual property rights for their
use in connection with public access productions. Any user
of this public access channel, equipment or facilities shall
agree in writing to hold Franchisee harmless from any and
all liability or other injury including any reasonable
costs of defending claims or litigation, arising from or in
connection with claims for failure to comply with any
applicable laws; for claims of libel, slander, invasion of
privacy, or the infringement of common law or statutory
copyright; for unauthorized use of any trademark, trade
name or service mark; for breach of contractual or other
obligations due third parties by Franchisee; for any other
injury or damage in law or equity, which claims result from
the user's use of equipment and facilities. Franchisee
shall be responsible for obtaining such waiver from all
users of the public access channels and shall hold the
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Municipality harmless from any and all liability or other
injury including reasonable costs'bf defending claims or
litigation arising from all public access use.
(2) Franchisee may require a reasonable
deposit from any public access channel user when said user
removes equipment belonging to Franchisee from any access
studio facility. Nothing herein shall be construed to .
limit the liability of any person removing such equipment
from such facilities or to relieve such person from liability
for all damages if such equipment must be repaired or replaced
due to damage, theft or abuse while bailed to such person.
Franchisee has the exclusive authority to lend its equipment
to any person.
(3) Franchisee shall keep a public file
available at its local office of all requests it receives
for the use of public access channels and for the transmission
of programming on public access channels, including the names
and addresses of those making such requests. Such files shall
be available for public inspection during normal business hours.
The files shall be maintained by Franchisee until the earliest
scheduled performance evaluation session provided for in the
Cable Communications Ordinance.
(4) The public access channels shall be
operated in a manner consistent with the principle of fairness
and equal accessibility of facilities, equipment, studios and
other services to all citizens, businesses, public interest
groups or other entities having a legitimate use for the
-23 -
system and no one shall be arbitrarily excluded from its
use. The Municipality shall have the right to review all
operating rules filed by Franchisee to insure the
protection of the public interest and the accessibility
of the cable television system.
SECTION 18: Services to the Municipality
The Franchisee shall provide the following services
to the Municipality, concurrently with the activation of the
cable communication system pursuant to Section 12 of the
Franchise Agreement:
(a) One service outlet activated for Basic Service
on the Subscriber Network at the Municipal facilities set
forth in Exhibit G attached hereto. Franchisee shall waive
all charges for installation and monthly subscription rates,
provided however that the Municipality shall assume the
installation charges at cost for any additional outlets,
in excess of two television sets, requested by the
Municipality. If the Municipality constructs or otherwise
acquires any additional facilities during the term of the
Franchise, whether located inside or outside of the Primary
Service Area, such facility shall be provided with a service
outlet according to the terms and conditions of this section
and other applicable provisions of the Franchise Agreement
and the Cable Communications Ordinance.
(b) A connection to the Institutional Network
from all facilities listed in Paragraph (a) above, and all
-24 -
additional facilities, to permit program origination from
such facilities, at no charge to the Municipality.
(c) One channel, designated as the local
government channel for exclusive programming use of the
Municipality. Such channel shall be available to sub-
scribers as part of the Access Channel Service Tier or
Basic Service package on the Subscriber Network.
Concurrently with the activation of the cable communications
system, the Franchisee shall provide to the Village an Alpha -
Numeric character generator to program visual messages and
announcements and a modulator to inject programming into
the cable communication system from the Municipal Hall.
(d) Six video channels, three in a downstream
direction, and three in an upstream direction, on the
Institutional Network, for the exclusive use of the
Municipality.
(e) The equipment required to automatically
interrupt programming on all channels of the Subscriber
Network by means of an audio and video message to present
emergency information by public and law enforcement
officials of the Municipality. Such equipment shall be
installed at the Municipal Hall and system head -end at
no charge for the equipment, installation or maintenance.
(f) The services of its program and production
staff to promote use of the local government channel.
SECTION 19: Services to Education and Other Institutions
Concurrently with the activation of the cable
communication system in the Municipality, the Franchisee
-25 -
shall provide to all public, private, and parochial
schools and institutions for higher learning which have
been granted a Certificate of Recognition, public
libraries and the following other institutions:
(a) One channel available as part of the Regular
Subscriber Service for the priority programming use of public
libraries, park districts, and hospitals.
(b) One channel available as part of the Regular
Subscriber Service for the priority programming use of
colleges/community colleges.
(c) One channel available as part of the Regular
Subscriber Service for the priority programming use of high
schools - grades 9 through 12.
(d) One channel available as part of the Regular
Subscriber Service for the priority programming use of
elementary and junior high schools - grades kindergarten
through 8.
(e) At such time as one of the dedicated channels
indicated above is programming a minimum of 12 hours per day,
Monday through Friday, for a period of not less than six
months, the Franchisee shall make an additional channel
allocation available for the use of that institutional user
up to system capacity. Such allocation shall be made available
for use within nine months of notification and application by
the institutional use for such channel.
(f) One service outlet activated for Regular
Subscriber Service to each institution designated, at no
-26 -
charge, within the Primary Service Area and for buildings
outside the Primary Service Area, in accordance with
Article VI, Section 4 (C) of the Cable Communications
Ordinance and Section 7 hereof.
(g) The Franchisee shall provide connections
for video originations from the designated educational and
other institutions. The Franchisee shall make its studios
and remote cable casting equipment available for educational
programming and shall provide maintenance, at no cost, of
cables, amplifiers and other distribution equipment owned
by the Franchisee and used for educational programming and
shall, at no cost, provide production, technical and
administrative assistance in all aspects of educational
programming.
(h) The Franchisee shall provide the proportionate
share of equipment for the Harper College District Television
Studio that is represented by the population of the Village
to the population of the Harper Community College District.
(i) Designated users shall not sell, assign,
transfer, lease or sub -lease, or otherwise transfer their
interest in, or right to use, the designated channels
described herein without the prior consent of the Municipality.
SECTION 20: Program and Production Assistance
(a) Franchisee shall provide free of charge
consulting and training services on production and program
format and the use of public access, governmental and
educational channels.
-27-
(b) At least one full-time person shall
be employed by the Franchisee to promote the public
use of the public channels, community affairs, and
other cablecasting channels and to advise such users
on the programming and production matters.
(c) Franchisee shall offer and conduct a
free workshop, not less than once every six months, to
provide training on the use and care of production
equipment. Announcements of the date, time and place
of said workshops shall be made over the public access
and community affairs channels no less than six times
daily for a two week period prior to the workshop. Notice
of the workshop shall also be published in the subscriber's
program guide and a newspaper of general circulation in the
Municipality. Attendance at and completion of such a work-
shop or evidence satisfactory to the Franchisee of
equivalent training or experience may be a prerequisite to
using production facilities and equipment.
SECTION 21: Production Facilities and Staffing
The Franchisee shall provide the production facilities
and staffing as set forth in Exhibits H, I and J. attached
hereto and made a part hereof.
SECTION 22: Rates and Charges
Initial charges shall be made by the Franchisee to
subscribers in -accordance with the schedule of such charges,
marked Exhibit F, attached hereto and made a part hereof.
Additional services (and fees therefor) may be made
available by the Franchisee at any time in accordance
with the Cable Communications Ordinance. The initial
charges shall remain in effect for a period of thirty-
six (36) months from the time service is provided to the
first subscriber in the Municipality, except as otherwise
set forth in Section 12 (c) of this Agreement.
SECTION 23: Leased Channels
Franchisee may lease portions of its bandwidth not
specifically designated for other uses for leased services
as follows:
(a) Franchisee may limit the amount of time
granted on any leased channel to any person.
(b) Franchisee shall set rates, following
negotiations with the respective lessees, for the leasing
of time on such channels and may classify lessees to various
categories. Such rates and categories shall be on public
file in the local office of Franchisee and may, with the
approval of Franchisee and lessee be available for public
inspection during normal business hours. A copy of said
rates and categories shall also be filed with the Municipality.
(c) Franchisee shall establish rules and regula-
tions and conditions for the operation of such leased channels,
as described in Exhibit K, which shall be included in any
lease or other agreement entered into by Franchisee which
shall include the following:
(1) Operation of said channel shall not disrupt or
-29 -
otherwise cause objectional interference with any other
channel of the cable television system.
(2) In the event that such interference is
unavoidable, the Lessee shall immediately cease further
operations until such interference is eliminated. Failure
by the lessee to comply with the request of Franchisee to
cease interference or operation, whichever is applicable,
shall result in the immediate termination of the lease or
other agreement and any right thereunder to use a leased
channel.
(3) No program, production or presentation shall
be transmitted or permitted to be transmitted on any leased
channel which violates any law regarding obscenity or lottery
information.
(4) Franchisee shall require all users to comply
with all laws regarding obscenity on its leased channels.
Franchisee may schedule programs on leased channels in
consideration of the children in the viewing audience.
(5) Any paid political announcement or program
on a leased channel shall be designated as such and shall
indicate the person paying for the same at the time said
announcement or program is cablecast.
SECTION 24- Delegation of powers
Municipality shall not be precluded from delegating
any power or authority contained within the Cable Communica-
tions Ordinance or this Franchise Agreement to any agency,
employee or department within or outside the Municipality.
-30 -
SECTION 25: Franchise Application Review Fee
On execution of this Agreement the Franchisee shall
reimburse the Municipality $20,000.00 for all expenses
incurred by the Municipality in negotiating and preparing
the Cable Communications Ordinance and Agreement. Such
costs shall include attorney's fees, secretarial expenses
and time, Northwest Municipal Conference expenses and
municipal staff time.
SECTION 26: Franchise Fee
(a) In consideration of the privileges granted
under the Cable Communications Ordinance and the Franchise
Agreement for the operation of a cable communication system
within the municipality, the Franchisee shall pay to the
Municipality five percent (5%) of its annual gross revenues
during the franchise term.
(b) In the absence of regulation of the franchise
fee, the franchise fee herein shall be renegotiated, but the
renegotiated rate shall not be less than (a) above.
SECTION 27. Notices
All notices herein provided for shall be sent prepaid
registered or certified mail addressed to the parties as
follows (unless otherwise notified in writing of a change of
address):
To the Municipality: Village Manager
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, I1.60007
To the Franchisee: Warner Amex Cable Communications
Company of Northwest Suburbs
200 East Wood Street
Palatine, Illinois - 60067
-31 -
SECTION Effective Date
This Agreement shall become effective on the earlier
of (i) July 30, 1981, or (ii) the latest date that a
franchise agreement is executed by the Franchisee and
Rolling Meadows, Buffalo Grove, Elk Grove or Hoffman
Estates.
IN WITNESS WHEREOF, the duly authorized representative
of each party hereto has executed this Agreement on this 28th
day of July , 1981.
ATTEST:
Village Clerk
ATTEST:
MUNICIPALITY:
Village of Elk Grove Village
By
Charles J. Zettek, Village President
FRANCHISEE:
Warner Amex Cable Communications
Company of Northwest Suburbs
0
EXHIBIT C - SYSTEM DESIGN
1. Channel Capacity
A. Number of cables at
System activation:
B. Minimum Bandwidth:
C. Feeder Cables/
Amplifiers:
D. Two -Way Capability
1 Institutional Trunk, 54 Channel Capacity;
1 Subscriber Trunk, 54 Channel Capacity,
Single Feeder
Upper Bandwidth of 400 MHz
400 MHz, Line Extender Amplifiers will be
at a maxim= of two in Cascade.
2. The cable system will be initially activiated with the inherent capability
to support the transmission of data for municinpl service.
3. The system will be two-way interactive. Services to be provided, but not
limited to, include polling, pay-per-view, security, system evaluation
and maintenance, shopping at home, narrowcasting. TWo-way interactive
service (QUBE) will be offered and activated when total active potential
subscriber base reaches 40,000 dwelling units within the municipalities
of Buffalo Grove, Elk Grove, Hoffman Estates, Folling Meadows, and
Palatine.
4. The initial QUBE subscriber terminal will consist of the Pioneer BT 1300,
its equivalent, or higher state of the art.
5. While it is generally acknowledged that there is a technical personnel
shortage throughout the industry, Warner Amex is in the unique position
of being able to provide and train personnel, as required, to meet the
franchising commitment to the Village of Elk Grove and has substantial
leverage with cable television vendors assuring timely delivery of
materials for the municipality.
E%JIIFIT D
Areawide Interconnection of Cable Svstems
Within three (3) years of the effective date of the
Franchi=se Agreement:
A. Franchisee shall be responsible for designing and
activating an interconnection network capable of transmitting
a minimum of twenty (20) standard NTSC TV channels simultaneously
from its interconnect hub to the interconnect hub of any other
cable television system serving a population of 100,000 or greater
in a municipality or municipalities contiguous to one or more
municipalities in the System. Such responsibility shall include,
but is not necessarily limited to, the following:
1) "Design and planning;
2) Obtaining and maintaining in good standing all
necessary licenses and permits;
3) Provision of all channel switching and interface
facilities required for incoming and outgoing
transmissions at Franchisee's interconnect hub;
and
4) Payment of all capital costs, and operational and
maintenance expenses associated herewith.
B. The provisions of subsection a. above shall not be
construed so as to preclude cooperative effort, joint ownership
of facilities, or cost --sharing arrangements; provided, however,
that each and every aspect of construction and operation of the
interconnect- shall be clearly designated in written agreement(s)
between the cooperating parties, copies of which shall be filed
with the Board or its designate for its approval, which shall not
- 1 -
be unreasonably withheld. -Franchisee shall attempt to reach
agreement with all other affected cable system operators on
frequency allocation for the minimum twenty (20) channels to be
delivered to each interconnect hub. Should the parties'fail to
reach agreement, the municipality shall, with the other munici-
palities in Franchisee's system, and the municipalities in the
other cable operator's system, act as mediator between the cable
operators.
C. Franchisee shall provide the capability of receiving
at its interconnect hub the twenty (20) channels transmitted from
each other interconnect hub, described in paragraph (a) above,
and for transmitting simultaneously at least twenty (20) channels
from its interconnect hub to:
1) All schools, government buildings, and other
institutions designated by the Municipality;
2) Appropriate access channels on the subscriber
network; or
3) Any combination of the foregoing, all within
the Franchisee's cable communication system
D. Franchisee shall also provide the capability of
transmitting at least one channel from each designated institution
in its franchise area to its own interconnect hub. A sufficient
number of independent transmission paths shall be transmitted to
the interconnect hub from various combinations of designated
institutions within its.own franchise area.
L Channel switching at the interconnect hubs, both
incoming and out;oing, shall be performed by the Franchisee at
- 2 -
the request of the user desiring the interconnect. Franchisee
shall develop and adopt operating rules, in cooperation with the
other system operator, designed to provide for the use of the
interconnection. Such operating rules shall be reviewed and
approved by the ?Municipality and shall include, provisions relating
to priority use, notice requirements for use and other rules
deemed necessary for the optimum use of the interconnect capability.
F. The Franchisee shall provide all VSB modulators or
heterodyne signal processors required to complete the program
transmission (not including cameras, tape recorders, monitors,
or other program video sources from municipal, access and institu-
tional facilities. The characteristics of the modulators or
processors shall be subject to the approval of the Board and the
grantees, with respect to overall performance in the system, not
merely as components.
G Franchisee may provide additional interconnect facilities
to adjacent or contiguous cable systems at its discretion. However,
Franchisee shall enter into good faith negotiations with specified
grantees outside the Conference to provide designated additional
interconnection facilities when requested by the Board or its ,
designate to do so. Negotiators shall attempt to reach agreement
as to responsibility for technical planning, licensing, and cost
sharing. If appropriate
- 3 -
the Board or its d ignate may agree to part° ipate in the
negotiations and/or in the sharing of costs.
H.. The interconnect facilities required by this section
shall be designed and operated to meet or exceed the following
technical performance standards for signals transmitted from the
most remote institution in the Franchisee's franchise area to the
most remote.subscriber terminal in the franchise area of an
interconnected cable system.
C/N 43 dB (Per NCTA-008-0477)
C/CTB 53 dB Without phase -lock (Per NCTA-008-0477,
with Cw carriers),
JC/CTB 45 dB With HRC or IRC phase -lock (Per NCTA-
008-0477, with CW carriers)
I. Prior to commencing construction, Franchisee shall
submit to the Board or its designate, for its approval,
engineering statements, designs, maps, calculations,
specifications, and other relevant engineering details with
respect- to the required interconnect facilities as follows:
1) Location of the interconnect hub, by street
address or geographic coordinates (to the nearest
minute) .
2) Proposed method of interconnect, e.g., whether
cable or microwave.
a) If'microaave, the essential technical details
including path length, ERP on the
- 4 -
interconnect path, C/N tic, C/CTB ratio,
specific frequency assignments, and path
reliability data.
b) If.cable, whether standard VSB/AM NTSC
channels, or FMTV (if FM, what bandwidth per
channel); the proposed routing and footage;
the size cable, type repeaters, whether split
band or dual cable, and the frequency bands
proposed; calculations of C/N and C/CTB for
the interconnect system, including the
supporting technical data on which the
calculations are based.
3) A statement on whether phase -locked carrier
frequencies are proposed, and if so, how it will
be accomplished; whethe_ the institutional
modulators are phase -locked, and how; and what
subjective improvement is realistically expected
with a combination of phase -locked and non -locked
carriers.
4) A showing concerning the effect of cascading
processors or modulators on frequency response
and group delay, and the method of correcting, if
necessary, or preventing distortions.
5) A detailed explanation of how signals will be•
transmitted from the interconnect hub to homes
and institutions in the same franchise area, and
from said institutions to the associated
C
iY. rconnect hub. The expla tion shall include
calculations of C/N and C/CTB ratios, including
the supporting technical data upon which the
calculations were based.
(6) Such additional relevant information as the Board
or its designate shall request.
t
4
Ci-'A\N' --' TAT Lj =^ViD
EXIIIBIT E
Tie= I
WB'BM 2
WFLD 32
WSNS 44
WrLa4 5
WCIV 26
WLS 7
WCFC 38
WGN 9
NICKELODEON
WTTW 11 .
Our Town -Neighborhood -Library
Sports Channel
Program Guide
*Government Access/C-Span
*Public Access
Consumer Info
*Ed Access
HTN (Pay)
News -Weather -BE -Jobs
The Movie Channel (Pay)
Stocks -Financial News
Composite Religion/Religious Access
WOR -TV 9
Special Needs
* The access tier will consist of these three channels
I
EXHIBIT D Cont'd
CHP-NNEL LINEUP (CONT 'D)
Tier II
HBO (Pay)
WT3S 17 Atlanta
Modern Satellite Network
Leased Access
Cable News Network
Golden Oldies
PBS Composite/WCME
SIN
COLOR RADAR
NORTH BY NORTHWEST ALIVE
THE LIBRARY CHANNEL/REUTERS NEWS VIEW
PREMIUM PROGRAM GUIDE
Future QUBE Services
Telecampus
Culture and Learning
Live and Learn
R (Pay Sub)
Electronic Classroom
Special Events
Theatre I
Theatre II
Notes (1) Warner Amex reserves the right to add to and change this
channel lineup at sane future time for service improvement.
(2) QUBE services will be activated when total active potential
subscriber base exceeds 40,000 dwelling units.
(3) Warner Amex will to the greatest extent possible, coordinate
channel designation with neighboring cable ca mnmication systems.
EXHIBIT F - RATES AND t—iARGES
Tvoe of Service
TIER -I"- Basic Cable
* First outlet
Each Additional Outlet
* _�? Radio Service
Each Additional outlet
* FM Radio Service
QUBE SERVICE **
Cost Per Month
$5.50 - if subscriber purchases
a converter
$6.95 - if subscriber leases a
converter from Warner Amex
$2.25 - if subscriber purchases
a converter
$3.75 - if subscriber leases a
converter from Warner Amex
$1.50
$6.50 - if subscriber purchases
a converter
$7.95 - if subscriber leases a
converter from Warner Amex
$2,25 - if subscriber purchases
a converter
$3.75 - if subscriber leases a
converter from Warner Amex
$1.50
$lLScriJtiOn Movie Pac'races
Fc. -.e Theater Network $3.95
The movie Channel $6.95
Fone Box Cffice $6.95
* A 15% discount will be offered to senior citizens and the handicapped.
** QUBE services will be offered and activated when total active
potential subscriber base reaches 40,000 dwelling units within the
ounicipalities of Buffalo Grove, Elk Grove, Hoffman Estates, ladling
Meadows and Palatine.
L
Wj
INSTALLATION RATES *
F2
Home Installation Rates - There will be no installation rate charged
during the first 60 days. Following that, the
rates are as follows:
First outlet $15.95
Each Additional outlet 7.50
FM Service 7.50
Relocation 10.00
Reconnection 10.00
QL3E Installation 19.95
haul'; °_'-''• ->'' ... HOME SECURITY RATES
ti
Service and Install .Price '
Basic Tedical-Znergency and Police Alert starting from $99.50
Basic Fire Alarm with Medical -Emergency and Police
Alert starting from
$170.00
Basic Burclar Alarm with Me6ical-4Emeraency and
Police _^
.' Alert starting from
250.
500
Monthly Rental Charge
Monitoring of any one package
S10.00
Monitoring of two or more packages
$12.50
Home Security system is also.available to individuals who are
not Warner Amex Cable subscribers.
* The access service installation rate(3
channels minimum) will
be $35.00 with no free 60 -day period.
There is no monthly
charge for this service.
EXHIBIT G
Cable Service Outlet Locations
All the following locations except those with asteric are within the PSA.
Well Sites:
Residential:
Well No.
Well No.
Well No.
Well No.
Well No.
Well No.
Well No.
Well No.
Well No.
Industrial:*
Well No.
Well No.
Well No.
Well No.
Well No.
Municipal Buildings:
1
37 Woodcrest Lane
3
200 Biesterfield Road
5
199 Walnut Lane
7
992 West Glenn Trail
10
1689 Virginia Drive
11
1689 Virginia Drive
12
1635 Biesterfield Road
13
931 Mississippi Lane
14
Northeast corner of Devon Avenue
2:
1231 Busse Road
4:
901 Chase Avenue
6:
1751 Greenleaf Avenue
8:
2790 Lively Boulevard
9:
1400 Brunel Avenue
& I-290by mutual consent
Administration
- Municipal Building :
901 Wellington Avenue
Police Department
- Municipal Building :
901 Wellington Avenue
Fire Department
- Headquarters Station:
101 Biesterfield Road
- Meacham Station:
676 Meacham Road
- Landmeier Station:
666 Landneier Road
- Greenleaf Station:*
1665 Greenleaf Avenue
Public Works Department
- Landneier Garage:
666 Landm--ier Road
- Biesterfield Garage:
1635 Biesterfield Road
Elk Grove Park District:
Administration: 499 Biesterfield Road
Grant Wood Center (Sr. Citizens): 225 East Elk Grove Boulevard
Community Center: 180 Kennedy Boulevard
Elk Grove Library:
Public Library: 101 Kennedy Boulevard
Elk Grove Village Public Schools:
District 7214
District 754
District #59
Elk Grove High School
Meade Jr. High School
Link School
Stevenson School
Grove Jr. High School
Lively Jr. High School
Byrd School
500 West Elk Grove Boulevard
1765 Biesterfield Road
900 SW Glenn Trail
1414 Armstrong Lane
777 Elk Grove Boulevard
999 Leicester Road
265 Wellington Avenue
(continued)
-2 -
Elk Grove Village Public Schools (continued
District 1159 (continued)
Clearmont School
Ridge School
Rupley School
Salt Creek School
Parochial School Queen of The Rosary
Elementary School
Hospital:
Alexian Brothers Medical Center
280 Clearmont Drive
650 Ridge Avenue
305 East Oakton Street
65 Kennedy Boulevard
750 Elk Grove Boulevard
800 Biesterfield Road
*To be connected immdiately upon Cable service being provided to the
industrial sections of the Village.
GEP:rmv/3-31-81
A s `^ ' ub d° str ibu _:0- port K:1 1 be
located in 'EIV Grove Villace.
_deally, it Kill be located wi .h .Our ?=07Csed CL'.stomer service
Office. Final O aL-.._. 0.. ..^2 C_ -_Ce a:16 ,.gib is depenCc•. ' nl
syster, desicn, re=1 estc?te, and zoning considerations. The sub
hu.b facility 'r:i11 have One Cl) pertapak available for access pro-
d -actions. in addition, one (1) -pOrtapak will be available solely for
use by The Village of ilk Grove (see Scuioment List B).
. ..Additionally, 3o 11ina Meadows Wi11 be the location for the Master
Control and Local Origination f-acility Which is available to
�:^ GrOVe access anA- local 0-g'7
_na.._0:: use. ..i.JO of t.12 _
..-Three cameras In the studio, ecuipoed with a_7 -C= -=ate aua;o .
5
sl itC.^.li'!c and :ai s c el_'aae OLs C�E. r, will tj2 =2�OV Sa^12 LCr _cm to
roductions.
Buffalo Grove anc 0 Estates will each have a slab hub d; str'_-
button point, ecuipped with one (1) portapak, w sic_^. will also be
available for access use by Elk Grove residents.
Elk Grove V=llace, along with Buffalo Grove, Hoffman Estates, and
Bolling Meadows will have available for use a typical mobile oro -
duction unit as described in Ecu_nment Li=t C attached.
The follO44-c"pa Ces out -line the local origination/access equipment
aV ai"able t0 -lk Grove ,Villace residents, ka:nEr .rii.eX reserves
t h a riC7t t0 sl_bst_tute egl:_valent equi?r-,a-t for, ail =-em.s on the
r
attached 11Sts,
0UAN%-v
3
I
2 •
2
2
1
1
1
1
1
4
2
2
2
1 -
cith oenlock and remote keyboard
EXHIBIT I
EQUI?"10 LIST A: (Rolling Meadows)
:in?fC LOCA ORIGINATION SSTUDIO
XOD7-
D_SC-�!?T70,\ (* Equivalent equipment may be
substituted)
7? -205
Eitachi - 3 tube color saticon�camera
with:
SA -60 - 7 inch vie•;` index
and StUdiD adaDter
V^ -106A - vertical e- ancer
GL -200 - genlock nodule
0? -60 - operational panel
C-502CC - ca -era cable - 150 ft.
ElOX10 5RW
-Fujinon - studio le -se, auto -iris
cable drive, fl.6
4-54504-2
Quick -Set - hercules mob L e pedestal
4-52304-9
Quici: Set - hercules ca- head
?VX -8200
Sony - dual a inch triaitron color
monitor _acl-couat
FVX-5300
Sony - 3 bay 5 inch color monitor
rackmount
i+'V-5312
Pa -.a sonic - dual 4 in -t B/W monitor
rac}=out
W -5311
?anasor,ic - 9 inch B/W monitor
rac?aount
786DUM
J.V.C. - color monitor/receiver
7280UX
J.V.C. - color monitor/receiver
?YS2/R3
I'= -'Sl - triple 5 inch B/4 monitor
Iac}mount
RMS
Videotek - 8 inch portable color
monitor/receiver
D=S -1.550
a cro-cor,su'_tants - t _ e base
corrector
DJ -l10
Metro -Data - al7hanumeric generator
cith oenlock and remote keyboard
oL.v: TI -c
1
I
i
1
1
1
1
1
2
'OD=
DESC?S?TIO (*F-cuivalent ecui?went may be
substituted)
5106
DI -Tech - Gi_:put passive video
54 itcber
902
I.S.I. - Color video production
su Witcher _
501•
I.S.I. - Rack -frame
505
I.S.I. - ?over supply
503
S.S.I. - Exte-nder card.
513-4
I.S.I. - Video distribution a-pl _ ier
519
I.S.I.-,?ulse distribution ampl-`=ier
525
I.S.I. - SLabca_rier distr;.bution
•
a-pliyier .
1240-4
I.S.I. - XTSC Encoded c*— keyer
nitb 4 =put .preselect svritcher
982
I.S.I. - Audio follow video
routing s::ittner
5112
DI -Tech passive s::itcher
1474
Tektronix - Color Sync -venerator
528
Tektronix - S'ave-form monitor
VO -2860A
Sony - 3/4 inch Videocassette
recorder -editor
W=2260
Sony - 3/4 inch Videocassette
player
VO -2800
Sony - 3/4 inch Videocassette
recorder
.M-430
Sony - Edit _.g control unit
VDC-3
Sony - Dibbin.o cable
RM -410
Sony - Vi?eocassette r—ote control
OUP.KTT_ 71
36
1
1
4
2
5
5
5
1-
?'JD.L
D?SCB??'I0 (*Equivalent equipment May be su'
tuted)
KCS. -60
Sony - Videocassette tape - 60 Y..;_•^.
.1002'
I.S.I. - Audio console - 10 inch/
2 -out switchable 24/i_.o S.nputs,.
balanced im-puts/outputs, cue, =U -,;--g
and slide faders
1002C
I.S.I. - Audio console case
701
I.S.I. - Audio rack fratae
705
Z.S.I. - Audio power supply
703
I.S.I. - rxte.•ider card
720
I.S.Z. - S cats Monitor zplis ier
707-4
I.S.Z. - Audio distribution a nli ie=
7001 -Option A
-Tech - Audio/Monitor/a=p Ufier
,DI
and tone generator
VB-212CSV
Broadcast electronics baffle. with
speaker
500D
Broadcast electronics -."Audio tape
cartridge play/record with:
DM -20 cartridge storage rack
200-37 tape eraser
DR -ICA
Sony - headset
CS -75
Telex - headset - tip/ring/sleave
plug
D..M-2!JJA3
RaMko - Dcal Microphone rixer/
liter with D rt. -?S
635A
Electro -Voice Microphone
CO -90
Electro -Voice lavalie- Microphone
422
Electro -Voice desk sand
?S-20
Atlas - floor stand
OS (* Equivalent equipment may be
substituted)
4 726 Strand Cezzu=y - C'zetur color
media -red
4. 768 Strand Ce=turp - C'_aetur color
media -s: --y blue
SCD S__and Centura - Spun glass diffuse_
1 835-0100A' Brcadcast=1ect^onics - Quart--atic
studio clock = B---CL-200
1 835-0002 3roadcast electronics warning* light
on -air horizontal mount
1 450 Winsted - 1'72. equipment console
1 9220 1"-sted - Basic. :rzme
2 432 'Vinsted - .-lat monitor shelf
1 442 'Winsted - Flat editor shelf
1 136 Winsted - Electrical assembly
1 1-70-14-25 P.=co _Vertical equipment console
as required A.mco - Dust= production console
and hardcare
r
0
5 iv -C-50
5. ?r -C-100
y 5
40 sec.
5
100 sec.
5
211 min.
5
5 mi=.
1
1021
80
ft. 70-100
800
sc.`_t. 70-002
8
3301 -TV
8 1320
t 8 1144
12 ECT
6
4271 -LV
6 1116
4 oGF
4 5015TV
4 1151
10 - 6312-5-2C
D_SCnI?TIO\ (*Equivalent equipment may be
substituted)
Sescom Inc. - Yicrophone extension
cable
Sesco= 7--c. - Y_crophoae eyten•sioa'
cable
Fidelipac - 40 seconds audio -cart
Fidelipac - 100 seconds audio -cart
Fidelipac - 2� miwutes audio -cart
Fidelipac - 5 miiutes audio -cart
Lairs-tele,edia electronic Q -board
?anoak - curtain track ^'
?anoak - cyclorama curtain
Strand Century - 6 inch quartz
fresnel
Strand 'Century - 4 4z y Darn door
Strand Century - di=user fracme
Strand Cea.ury - 1000 W-200 hrs -
32 000T
Strand Century - 14 inch scoop •
Strand Century - diffuser/gel frame
Strand Ce=.ury'- 1000 W-300 hrs -
32000Y.
Strand Ce .ury - Yizi Cyc Light
Strand Century - Extanded Gel Frame
St --end Century - 1000 F-300 rss -
3200oK
S. -and Ce:-.ury con-nector strips
Lith 5-20 `pl" er 18 inch pigta is
=.h 3 pole grounded twistlock connectc_s
and grid pipe .
'.
�`..�
V F-
=7- Ztr i-. i._trot_ s inG1=
CD 107 Ul
G? -i ees?re n?zc -
.
VN, - IS nder
battery charger
ceble
Grip .
ii.l/\iil \? D LGVHi lens
_
C-cC I Cf;- Lai:.. r_ tG 111.`'. cab I.L.•
ri
-7 G_nio_K nodui>_
c_rryino Lase
S' -i sGulder roue.
Tui -pl One
2
cD Yit_cf7i - ID - battry
r
1
J.V.C. C--...,.DDU, 3/4 inch portable
cEssFtt_ reCGrd,e
2
V. .. J. .r.- FSP -1, rc L�?ry'pc Ck •
i
J.1'.0 Y.= -734J •.- con4'ert=_r
1 r.
Cr•{L1• sC'. .. Ius1.�' L 'Iron
Monitor
Portable Lic,t_ng Sit
i r�! SAL NUI_'-I-CA"i_P.A MO=11 ' PRODUCTION UNIT
DESCRIPTION
AN 'TV EDUIPMENT
Color Camera ENG/EFP Configuration with:
Camera Head
1.5" Viewfinder
7" Viewfinder
Remote Operation Panel
14.4V 4AH Battery
AC Adaptor
Slow Battery Charger
Heavy Duty Carrying Case
VTR Cable
9-108mm f1.7 Lens with 2X Extender, Servo Iris,
.Servo Zoom
Lens Rear Control Kit
20 Meter Camera Cable
20 Meter Extension Cable
Extra 14.4V 4AH Battery
Quick Charger
Headset
Triple 5" Color Monitor
12" Color Monitor
3/4" Editing Recorder
Remote Control
Portable 3/4" Recorder with AC Power Supply/Batter.
Charger, RF Modulator, Soft Carrying Case
Battery
Mic Mixer
Video Production Switcher
Vectorscope
Waveform Monitor
Rack Mount for Item 19 and 20
Videocassette 60 Minute
Videocassette 20 Minute
2 ECM -20
MODEL
MANUFACTURER
2 635A
2
XC7000S
Sharp
2
XC700
"
2
-XC715VF
"
2
XC770VF
"
2
XC701RP
"
2
XC70BAT
"
2
XC712AA
"
2
XC70SC
"
2
XC70CC
"
2
XC337V
"
-2
Al2X9BE
"
2
XC-70RC-2
"
2
XC7620
"
- 2
XC7B20E
it
2
XC70SAT
"
2
XC70QC
"
4
DR -IDA
Sony
1
PVM5300
"
1
CVM1250
"
1
V02860
"
1
RI,1410
".
2
V04800
4
BP -60
"
-: 1
SE -30
Shure -
1
1404600A
Panasonic
1
1420OPTI
Tektronix.
1-
528 OPT1
If
1
Videotek
?4
KCA-60
Sony
?4
V -CS -20
"
DESCRIPTION
AN 'TV EDUIPMENT
Color Camera ENG/EFP Configuration with:
Camera Head
1.5" Viewfinder
7" Viewfinder
Remote Operation Panel
14.4V 4AH Battery
AC Adaptor
Slow Battery Charger
Heavy Duty Carrying Case
VTR Cable
9-108mm f1.7 Lens with 2X Extender, Servo Iris,
.Servo Zoom
Lens Rear Control Kit
20 Meter Camera Cable
20 Meter Extension Cable
Extra 14.4V 4AH Battery
Quick Charger
Headset
Triple 5" Color Monitor
12" Color Monitor
3/4" Editing Recorder
Remote Control
Portable 3/4" Recorder with AC Power Supply/Batter.
Charger, RF Modulator, Soft Carrying Case
Battery
Mic Mixer
Video Production Switcher
Vectorscope
Waveform Monitor
Rack Mount for Item 19 and 20
Videocassette 60 Minute
Videocassette 20 Minute
2 ECM -20
IsCondenser
Mic
2 635A
ElectroVoice
Mic
2 XC7B5
Sharp
Camera Bulkhead Cable
2 150-OC2_
Berkley
Lighting Kit, Mark lI
2 ITE -H6
ITE
Hyrdo Head with Dual Handles
2 ITE -WP
"
Wedge Plate
* Equivalent
equipment may
be substituted.
TY
MODc'L
'ANUFACTURERF
—�_
DESCRIPTION
2
ITE -TIO
ITE
Tripod
2
ITE -D7
"
1'•
74242E
Am
Dolly
lot
Custom
-o
Klopf
Rack, 42" Panel Space
Misc. Hardware, Connectors, Panels, Wire
VEHICLE DESCRIPTION
Qty One (1) VAN, 138"
Wheel Base
351 Engine
Auto -Transmission
Air Conditioning
Power Steering and Brakes
Heavy Duty Battery
Extra Cooling
Special Handling Packaoe
Hood Lock and Security'Group'
Western Mirrors
Heavy Duty Shocks
Stabilizer Bar
Large Tires and Spare Mount
etc.
ft
EXHIBIT I
Production equipment shall be maintained in proper working
order. Back-up equipment shall be made available where "down-time"
for a studio, van or associated equipment exeeds seven (7) days.
Users shall be notified of studio "down-time" via the access and
local origination channels. Further Franchisee shall update production
equipment during the franchisee term to keep it reasonably current with
the state-of-the-art technology in television and cable communications.
Periodic review shall be conducted with the Municipality, or its
designee, in order to assess the status of production equipment
maintenance. These reviews may be held in conjunction with the
performance evaluation sessions required by the cable communications
ordinance.
EXHIBIT - PP.OGRAM AND PRODUCTION ASSISTANCE
Warner Anex will provide at least one•(1) Access Coordinator/
Trainer, to be located in Elk Grove Village, to assist in all
phases of access programming, production and training. The
following personnel, to be located at the Rolling Meadows-
iocal origination facility, will be made available to Elk
Grove Village for access use:
-- At least (1) Program Director
At least (1) Producer/Writer
-- At least (1) Production Director
-- At least (1) Access Director
-- At_least (1) Access Coordinator/Trainer
-- The reguired number of Video Technicians
for local origination and access programming
Additionally, two (2) Access Coordinators/Trainers, located
at the sub hubs in Buffalo Grove and Hoffman Estates, will
be made available to Elk. Grove Village as needed. -
EXHIBIT o
Warner Amer. Cable Communications
Proced,-res for Leased Access Time
I. Objective •
Efforts will be made to maximize the availability of
leased access time to the broadest possible number and
type of users. .
II.
Standards
Access time lessees will be expected to
standg.rds applicable to Warner Pemex as
to all applicable laws and regulations.
dards include, by way of illustration,
adhere to the
franchisee and
Such stan-
the following:
a) Material exhibited may not be obscene, inde-
cent or offensive to local community stan-
dards;
b) Lessees' affirmative action policies and
procedures must comply with applicable
regulations;
c) .Material exhibited may not•constitute
gambling'or lottery;
d) Programs shall be scheduled in conside:•ation
of children in the viewing audience and sub-
scribers offered the means to avoid program-
ming they deem undesirable; and
e) Programming must be offered in a way which
respec=s"the rights of individuals (e.g.,
privacy, copyrights, trademarks, libel,
slander, etc.).
III. Application in Writing
It is requested that applications for leased access
time be in writing and provide pertinent information
as to the proposed leased time use and the identity
of the user (e.c., description of leased time pro-
posal, technical; financial, legal capabilities,
affi:r„ative action policies, etc.). Warner Amex will
supply lease access application forms.
M
.V. ^•ec^nical Comvatibility
material may not be presented via leased access time
wnicn disruots, distorts or otherwise interferes
with anlother signals carried on the system or which
is incompatible with technical standards and require-
ments of the system.
V. Rates
All leased access rates will be negotiated between
Warner Amex and the lessee.
VZ. Leas -ed Access Acreement
Leased access users and Warner Amex shall enter into
a written contract.
Questions concerning leased access should be addressed to
Warner ?-iex Cable Communications
0