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92-F-4 Excel Communications ORDINANCE NO ...CfJ.-::..f_=!f.__- AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, GRANTING A FRANCHISE TO EXCEL COMMUNICATIONS GROUP, INC. TO CONSTRUCT AND OPERATE A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SCHERTZ, TEXAS. WHEREAS, the City Council has determined that the City will benefit from the construction of a cable television system within the City of Schertz, Texas; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SECTION 1. SHORT TITLE. This ordinance shall be known and may be cited as the Excel Television Franchise ordinance. SECTION 2. DEFINITIONS. For purposes of this ordinance the following terms, phrases, words, abbreviations, and their deviations, shall have the same meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include singular number, and words in the singular include the plural. The word "shall" is always mandatory and not merely permissive. A. "Access Channel" means any public or leased channels. B. "Basic Service" shall mean all communications services provided by the grantee including the delivery of broadcast signals and programming as shown on Exhibit B-1 as such exhibit may be changed from time to time with approval by the City. C. Broadcast" means the over-the-air transmission of electromagnetic audio or video signals. D. "CATV" or CATV system shall mean cable television system as hereinafter defined. E. "Cable television system" shall mean any system which receives and amplifies signals broadcast by one or more television and/or radio stations and which transmits programming originated by the system itself or by another party, and distributes such signals and programming by wire, cable, microwave, satellite, or other means to persons who subscribe to such service. 1 ~ / F. Cable Television Service" shall mean the delivery by the grantee to television receivers, or any other suitable type of audio-video communication receivers, to all subscribers in the City of all broadcasts signals allowed by the FCC to be carried over the CATV system, all FM radio stations carried on the system, local origination channels, educational access channels, public access channels, government access channels, services at the option of the grantee. G. "City" means the City of Schertz, Texas. H. "City Council" means the governing body of the City of Schertz. I. "City Manager or City Administrator" means the chief administrative officer of the City of Schertz or his designated agent. J. "Cablecast" shall mean to transmit over a cable television system. K. "Channel" shall mean a band of frequencies six megahertz in width in the electromagnetic spectrum. L. "Converter" shall mean an electronic device capable of converting electronic signals to other than their original frequencies so as to eliminate interferences within television receivers of subscribers. M. "Dwelling unit" shall mean a room or rooms, in a building or portion thereof, used purposes by one family. suite of for living N. "FCC" shall mean Commission. the Federal Communications O. "Franchise" shall mean the authorization granted by this ordinance to construct, operate, and maintain a CATV system in the City of Schertz. P. "Full Service" shall mean the level of service received by a CATV system subscriber for an additional charge over the Basic Service charge and which will allow for the capability to receive all services being offered by the grantee with the exception of pay televisi0n services or limited access services. Q. "Grantor" shall mean the City of Schertz. R. "Grantee" shall mean Excel Communications Group, Inc., a Texas Corporation, the party to which a franchise by this ordinance is granted, and includes its lawful successors and assigns, as permitted by Section 6 of this franchise. 2 S. "Gross Annual Revenues" shall mean all revenues, income and receipts, received by the grantee, its affiliates or subsidiaries from and in connection with the operation of a cable television system as authorized by this franchise. For the purposes of this section, this term shall include, but not be limited to, installation fees, reconnect ion fees, subscriber fees, charges for lease of channels, revenue from advertising, and revenue from pay television. The term shall not include any taxes on services furnished by the grantee which is imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit. T. "Person" shall partnership, association, organization of any kind. mean any individual, firm, corporation, company or U. "Pay Television" shall mean the delivery over the CATV system of video and audio signals in intelligible form to subscribers for a fee or charge over and above the charge for basic or Full Services, on a per program, per channel, or other subscription basis. V. "Premium Service" shall mean the same as pay television. W. "Subscriber" shall mean a recipient of services which are delivered over the CATV system. X. "Street" shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, boulevard, parkway, driveway or other easement now or hereafter held by the City and shall include other easements or rights of way as shall be now held or hereafter held by the City and its grantee to the use thereof for the purposes of installing or transmitting CATV system transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to a cable television system. Y. "User" shall mean a person utilizing a cable television system channel for purposes of production or transmission of materials to subscribers. SECTION 3. GRANTING CLAUSE. There is hereby granted by the City to Excel Communications Group, Inc., hereinafter referred to as grantee, the right and privilege to construct, erect, operate, and maintain in, upon, along, across, above, over and under the streets now laid out or dedicated, and all extensions thereof, and additions thereto in the City, poles, wires, cables, underground conduits, manholes, and other CATV conductors and fixtures necessary for the 3 installation, maintenance, operation, and distribution of television and radio signals to and from subscribers and/or users. SECTION 4. FRANCHISE TERM. The franchise term and the rights, privilege, and authority hereby granted shall take effect and be in force after final passage hereof, and acceptance by the grantee, as provided by law; and shall continue in force and effect for a term of fifteen (15) years and may be renewed if City consents to such renewal. If City does not renew, upon direction of the City, grantee will remove its cables and all other fixtures described in 3 above. SECTION 5. RENEWAL This franchise may be renewed in accordance with the terms of the Cable Communications Policy Act of 1984, specifically, Section 626. SECTION 6. TRANSFER OF FRANCHISE. A. The franchise granted under this ordinance shall be a privilege to be held in personal trust by the grantee. It shall not be assigned, transferred, sold or disposed of, in whole or in part, by voluntary sale, merger, consolidation or otherwise or by force or involuntary sale, without prior consent of the City Council expressed by ordinance, and then on only such condition as may therein be prescribed. The City is hereby empowered to take legal or equitable action to set aside, annul, revoke, or cancel the franchise, or the transfer of the franchise, if said transfer is not made according to the procedures established in this ordinance. B. Any sale, transfer, or assignment shall be made by a bill of sale or similar document, a copy of which shall be filed with the City Manager at least thirty (30) days prior to such sale, transfer or assignment. The City Council shall not withhold its consent unreasonably; provided, however, that the proposed assignee shall agree to comply with all the provisions of this ordinance and the franchise and must be able to provide proof of financial responsibility as determined by the City Council. C. Nothing in this Section shall be deemed to prohibit the assignment, mortgage, or pledge of the system or any part thereof for financing purposes; provided, however, that such financing purposes shall be for the construction, maintenance, or improvement of the CATV system authorized by this franchise. 4 D. "Assignment" as used in this section, includes a transfer of control of the corporate franchise, by voluntary sale of shares or otherwise. SECTION 7. FRANCHISE TERRITORY AND LINE EXTENSION POLICY This franchise shall be for the present territorial limits of the City of Schertz and for any area henceforth added thereto during the term of the franchise. The grantee hereby agrees to provide cable television service availability to all property within the city limits as of the effective date of this ordinance in all areas where the housing density reaches 40 dwelling units or more per street mile in accordance with the construction timetable established hereinafter. SECTION 8. CONSTRUCTIO~ TIMETABLE A. Upon accepting the franchise, grantee shall, within sixty (60) days, file the documents required to obtain any necessary Federal, State, and local licenses, permits and authorizations required for the conduct of its business, and shall submit monthly reports to the City Manager or his designated agent on progress in this respect until all such documents are in hand. B. Within three (3) months after franchise, the grantee shall furnish the City schedule for the construction of the system. so presented shall display the dates upon television service availability shall be subscribers in the City. accepting the Manager with a The schedule which cable furnished to C. Within twenty-four (24) months after accepting the franchise, the grantee agrees the system will be operational. SECTION 9. USE OF STREETS A. The grantee shall have the right to use the streets of the City for the construction, operation, and maintenance of a cable television system as prescribed, regulate,d and limited by provisions of this ordinance, and by State, local and Federal law, both present and future. B. Grantee shall utilize existing poles, conduits, and other facilities whenever possible. Prior to the utilization of any street for the placement of the distribution plant of the cable television system, the grantee shall secure and place on file with the City Secretary a "utility pole usage agreement" with each utility within the City currently owning such poles, conduits, and other facilities, whose poles, conduits and facilities are to be used. To the extent that existing poles, posts, conduits, and other such structures are not available, or 5 will not be available to the grantee within a reasonable time, the grantee shall have the right to purchase, lease, or in any manner acquire land or rights-of-way upon or under which to erect and maintain its own poles, conduits, and other such structures as may be necessary for the construction and maintenance of its cable television system. C. liens and shall be the proper withe the owners who All transmission and distribution structures, equipment erected by the grantee within the City so located as to cause minimum interference with use of streets, and to cause minimum interference rights and reasonable convenience of property adjoin any of the said streets. D. In case of disturbances of any street or paved area, the grantee shall, at its own cost and expense and in a manner approved by the City Manager or his designated agent, replace and restore such street and/or paved area in as good a condition as before the work involving such disturbance wad done. E. If at any time during the period of the franchise the City shall lawfully elect to alter or change the grade of any street or construct any other public works, the grantee, upon reasonable notice by the City Manager or his designated agent, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense. F. The grantee shall, on the request of any person holding a moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authorization to require the payment in advance. Such payment shall not exceed the grantee's cost. The grantee shall arrange for such temporary wire changes prior to the expiration of six (6) days from the date of notice is given by the person holding the permit. G. The grantee shall trim trees overhanging streets of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the grantee if grantee has failed after two (2) weeks notice to perform such work at grantee's expense. H. In all sections of the City where the cables, wires, and other like facilities of public utilities are placed underground, the grantee shall place its cables, wires or other like facilities underground. 6 SECTION 10. SYSTEM DESIGN CRITERIA. A. Grantee will provide a system capable of carrying sixty channels with government, educational, and local (public) access channels as set out therein. The cable television system installed in the City of Schertz shall be initially capable of cablecasting no less than sixty (60) channels of video services or its equivalent of video, audio, or other combination of electronic signals. B. Within six (6) months of the date of acceptance of this franchise by the grantee, the grantee shall file with the City Secretary of the City of Schertz, a full detailed statement which shall by incorporated by reference to this franchise ordinance as Exhibit "A" and which shall contain the following information: 1. The location of the cable television system's "headend" facilities, local origination studio facilities, receiving and transmitting station for the sending or receiving of programming, and central business office. 2. The location of all regional headend microwave transmission and reception antenna sites. 3. The location of all designated points within the system where in electronic signals (video and/or audio) may be transmitted into the system other than the central headend area, and other then schools. 4. A list of lessors of any above-delineated locations which are leased grantee. of to the the 5. A description of the general equipment to be utilized in the local studio facility. cablecasting organization 6. A description of facilities to be utilized transmission of programming. any mobile unit in the production or or C. The grantee agrees and affirms that the statement of programming services on each channel of the sixty (60) channels or its equivalent of video, audio or other combinations of electronic signals, which is incorporated as Exhibit "B" and Exhibit "B-2" and adopted by reference shall constitute the initial level of programming to be available to all subscribers who shall agree to purchase the limited basic, expanded basic services of the grantee. Such programming may be changed by grantee subject to providing an equivalent amount of programming for each level of service. Failure to provide as a minimum the service or its equivalent set out in Exhibits "B" and "B-2" shall constitute a breach of the franchise agreement. 7 D. Grantee shall provide the following access channel capacity: 1. Government Channel: One channel shall be made available for use by the area cities at no cost to the City or its assignees. 2. Educational Channel: One channel shall be made available to local education authorities on an as-needed basis. 3. Public Access Channel: One specifically designated, non-commercial public access channel shall be made available on a first-come, first-served nondiscriminatory basis for the use of the Metrocom. E. The access channels delineated herein shall be made available to the authorized government, non-profit civic and non-commercial users at no cost; provided; however, that the grantee shall be authorized to charge other users for the use of its local origination studio facilities and/or technical personnel a fee which shall be no greater than its actual cost of providing such facilities and/or personnel. F. The grantee shall be allowed to utilize the channels designated as access channels for such other purposes as it may deem appropriate, at all times the users are not utilizing these channels. G. Control over the content of the programming transmitted over the access channels by the grantee shall be limited to that level which is authorized by the FCC now or hereinafter during the length of the franchise terms, which restrictions and controls will be filed by the grantee with the City Secretary. H. The grantee shall file with the City Secretary copies of those rules governing access channel utilization (not including the educational access channel) which are described in 47CFF 76.256 (d) (1-4). I. The grantee and City hereby agree that educational authorities shall be given sufficient time to formulate rules governing scheduling of programming of those access channels dedicated for use by the educational community; and that such rules, when formulated, shall be utilized by the grantee and all parties involved. Such rules shall be subject to City approval. J. Grantee shall provide and maintain a mlnlmum of one production studio within the area , and a minimum of one fully equipped for color mobile unit for the purpose of local program origination. 8 K. Grantee shall construct one earth station initially to receive satellite-delivered signals and agree to construct additional earth stations when such construction will advance the amount of CAVT programming for the City subscribers. L. Special Services: Grantee agrees that its system will be designed and constructed to offer such specialty services as an emergency alert override system, a fire/burglar/medical alarm service and an opinion polling service. SECTION 11. INSTALLATION AND CONNECTIONS IN PUBLIC BUILDINGS. MAINTENANCE OF SERVICE A. The grantee shall provide one service connection in each of the following locations: 1. All governmental buildings or facilities as may be now or hereinafter designated by the City Manager or his agent. 2. All public and may be designated now administrative officer parochial school system. parochial school buildings as or hereinafter by the chief of each school district or 3. Each classroom building and building of each college or university. dormitory 4. Such service connections shall be provided to buildings as designated by the proper administrative official within two (2) months of the date service is available to such building. B. No charge will be made by the grantee for the installation, disconnections (when requested), reconnect ions (when requested), monthly services, and/or maintenance of equipment on any service connection authorized by subsection (A) above a converter to provide the capability of receiving all services except "Pay Television" shall be provided to each location at no cost. C. The grantee shall install and maintain return (upstream) full-channel transmission capability in each public and/or parochial school building and governmental building when requested by the chief executive officer of the school district and/or governmental officer. SECTION 12. SYSTEM TECHNICAL STANDARDS A. The grantee hereby agrees to construct and maintain the cable television system utilizing the technical standards delineated in the FCC Rules and Regulations, 47 CFR 76.601 through 76.617 as now exist or may hereinafter be amended. 9 B. The grantee further agrees that the cable television system shall be so constructed and maintained as to provide that the visual signal level to system noise shall be no less than 40 decibels when measured at any subscriber terminal in the system. The FCC Rules and Regulations previously cited notwithstanding. C. The grantee further agrees to provide the following in the construction, operation, and maintenance of the cable television system: 1. The cable television system shall be continuously operational on a 24 hour a day basis. 2. The cable television system shall be designed and operated so as to avoid causing interference with reception of off-the-air signals by non-subscribers to the system. 3. The cable television system shall be so designed, installed and operated so as to assure the delivery to all subscribers of standard color and monochrome signal on the FCC designated class I television channels without noticeable picture degradation or visible evidence of color distortion or other forms of interference directly attributable to the performance of the cable television system. SECTION 13. FRANCHISE FEE. A. Annual Franchise Payment. In consideration of the terms of this franchise, the grantee shall pay annually to the City a sum equal to five percent (5%) of the gross annual revenues of the Schertz Cable Television System. Such payment shall be in addition to and shall not be construed as payment in lieu of personal or real property taxes levied by the City, or other charges owing to the City. B. It is recognized that the 5% franchise fee is established in conformance with the current FCC Rules on Cable Television Systems as stated in 47 C.F.R. 76.31 entitled "Franchise Standards". In the event that the FCC shall modify such Rule so as to eliminate or alter in any fashion the 5% franchise fee limitation, or in the event that such 5% franchise fee limitation shall be eliminated or altered by judicial determination, the City reserves the right to renegotiate the amount of the fee. C. The payment due to the City as is required in Subsection (A) above, shall be computed and due quarterly, based on grantee's fiscal year. The grantee shall file with the City, within thirty (30) days after the expiration of each of the grantee's fiscal quarters, a financial statement clearly showing the gross revenues received by the grantee during the preceding quarter. Payment of the quarterly 10 portion of the franchise fee shall be payable to the City at the time such statement is filed. D. The grantee shall file, within sixty (60) days of the close of the grantee's fiscal year, an annual report prepared and audited by a Certified Public Accountant, clearly showing the annual gross revenues attributable to the Schertz Cable Television system. Extension of such period up to 30 additional days may be granted by City upon request by grantee. E. The City shall have the right to inspect the grantee's income records, and the right of audit and the recomputation of any amounts determined to be payable under this ordinancei provided, however, that such audit shall take place within twelve (12) months following the close of each of the grantee's fiscal years. Any additional amount due the City as a result of the audit shall be paid within thirty (30) days following written notice to the grantee by the City, which notice shall include a copy of the audit report. The cost of said audit shall be borne by the grantee if it is properly determined that the grantee's annual payment to the City for the precedLng year is increased thereby by more than five (5) percent. F. 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 annual rate of ten percent (10%). G. No acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a franchise fee under this ordinance or for the performance of any other obligation of the grantee. SECTION 14. RATES The grantee guarantees television service set forth unchanged until July, 1993. that all on Exhibit rates for C will cable remain SECTION 15. METHOD OF ACCOUNTING. The grantee shall maintain its books and a system of accounts in accordance with methods of accounting applicable to the cable television industry. SECTION 16. LIABILITY AND INDEMNIFICATION A. The grantee shall indemnify and hold the City, its officers, employees and agents, harmless from any and all loss sustained by the City, its officers, employees and agents, on account of any suit, judgment, execution, claim or demand whatsoever against the City, its officers, employees and agents, resulting from the grantee's 11 construction, operation or maintenance television system. of the cable B. The grantee shall pay and by its acceptance of this franchise, the grantee specifically agrees that it will pay, all expenses incurred by the City, its officers, employes and agents, in defending itself with regard to all damages and penalties mentioned in Subsection (A) above. These expenses shall include all out-of-pocket expenses, such as attorneys fees, and shall also include the reasonable value of any services rendered by the City Attorney or his assistants or any City employee. C. The grantee shall carry throughout the length of term of this franchise personal and property damage liability insurance with responsible insurance companies qualified to do business in the State of Texas, which insurance shall carry the City as a co-insured party. The amounts of such insurance to be carried for liability due to property damage shall be $100,000.00 as to anyone occurrence; and against liability due injury to or death of person, $500,000.00 as to anyone person and $1,000,000.00 as to anyone single or multiple occurrence. D. grantee the City evidence of maintained franchise. The insurance policy or policies obtained by the in compliance with this section must be approved by Manager or his agent; and, along with written payment of required premiums, shall be filed and with the City Secretary during the term of the SECTION 17. REPORTS AND RECORDS A. Copies of all petitions, applications, and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting cable television operations authorized pursuant to the franchise, shall be simultaneously submitted to the City Manager or his designated agent upon request. B. The grantee shall keep complete and accurate of account and records of its business and operations and in connection with the ordinance and franchise. such books and records shall be made available at grantee's office in the city. books under All the C. The have access grantee for any and all records upon City Manager or his authorized agent shall to all books of account and records of the the purpose of ascertaining the correctness of reports and shall be given access to all other request. 12 D. Any false entry in the books of accounts or records of the grantee or false statement in the reports to the City Manager as to material fact, knowingly made by the grantee shall constitute the breach of a material provision of this ordinance and franchise. SECTION 18. CUSTOMER SERVICE STANDARDS. A. Notification of Service Procedures. The grantee shall furnish each subscriber, at the time service is installed, written instructions that clearly set forth procedures for placing a service call, or requesting an adjustment. Said instructions shall also include the name, address and telephone number of the City Manager or other designated employee and a reminder that the subscriber can call or write the City Manager or other designated employee for information regarding terms and conditions of the grantee's franchise if the grantee fails to respond to the subscriber's request for installation, service or adjustment within a reasonable period of time. B. Service Response Time. The grantee shall provide "same day" service response, seven (7) days a week for all complaints and requests for repairs or adjustments received prior to 2:00 p.m. each day. In no event shall the response time for calls received subsequent to 2:00 p.m. exceed twenty-four (24) hours. C. Service Interruptions and Notifications. The grantee shall interrupt system service after 7:00 a.m. and before 1:00 a.m. only with good cause and for shortest time possiblej and except in emergency situations, only after publishing notice of service interruption. Services may be interrupted between 1:00 a.m. and 7:00 a.m. for routine testing, maintenance and repair, without notification, any night except Friday, Saturday or Sunday, or the night preceding a holiday. Whenever service is interrupted to any subscriber for any period of time in excess of twenty-four (24) hours, the subscriber shall receive a rebate of one-thirtieth (1/30th) of his monthly service fee for each day or part thereof between the end of the 24 hours and the time service is restored to proper standards upon written request. D. Complaint Records. The grantee shall maintain a written record or "log" listing date and time of customer complaints, identifying the subscriber and describing the nature of the complaints, and when and what actions was taken by the grantee in response thereto; such record shall be kept at grantee's local office, reflecting the operations to date for a period of at least three (3) years, and shall be available for inspection during regular business hours. 13 SECTION 19. PROTECTION OF SUBSCRIBER PRIVACY A. Use of Data from Subscriber. The grantee shall not initiate or use any form, procedure or device for procuring information or date from subscribers' television by use of the system, without prior valid authorization from each subscriber so affected. B. Subscriber Lists. The grantee shall not, without prior valid authorization from each subscriber so affected, provide any list designating subscriber's names or addresses to any other party except where required under contract for provision of premium service. C. Subscriber Transmission. Grantee shall not permit the installation of any special terminal equipment in any subscriber's premises that will permit transmission from subscriber's premises of two-way services utilizing aural, visual or digital signals without first obtaining written permission of the subscriber. SECTION 20. SECURITY FUND A. Within thirty (30) days after the acceptance of this franchise, the grantee shall deposit with the City's Director of Finance, and maintain on deposit throughout the term of the franchise, a performance bond in the sum of fifty thousand dollars ($50,000.00) to be paid in cash int he event of default. B. If the grantee fails to pay to the City any compensation within the time fixed herein; or fails, after tens (10) days notice, to pay to the City any taxes due and unpaid; or fails to repay to the City within such ten (10) days and damages, costs or expenses which the City shall be compelled to pay by reason of any act or franchise, or fails after three (3) days notice by the City Manager of such failure to comply with the provisions of this ordinance or its franchise which the City Manager reasonably determines can be remedied by an expenditure of the security, the City's Director of Finance may immediately claim the amount thereof on the bond, with interest and any penalties. Upon such withdrawal, the City's Director of Finance shall notify the grantee of the amount and date thereof, and the Grantee shall be required to restore the performance bond to its original principal amount. C. The performance bond shall become the property of the City in the event that the franchise is terminated prior to its termination date as set out herein. The bond shall be retained by the City and returned to the grantee at the expiration of the franchise provided there is then no outstanding default on the part of the grantee. 14 D. The rights reserved to the City, with respect to the security fund, are in addition to all other rights of the City, whether reserved by this ordinance or authorized by law; and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right the City may have. SECTION 21. PENALTY PROVISIONS For violation of material prOV1Slons of this ordinance the penalties shall be chargeable to the Security Fund as follows: i) For failure to comply with any provision of Section 8 (A) or 8 (B) ------$100.00 per day. ii) For failure to provide data and reports as requested by the City Manager or the Council $100.00 per day. SECTION 22. OTHER PROVISIONS A. Emerqency Alert Override. The grantee shall incorporate into its facilities the capabilities for an emergency override audio alert whereby a designee of the City, in times of emergency, may introduce an audio and video message on all channels simultaneously. B. Other Business Activities. The grantee shall not engage in the business of selling, repairing or installing television receivers or radio receivers within the City of Schertz during the term of the franchise. C. Grantee agrees to pay reasonable attorney's fees necessary to enforce compliance with this agreement. D. Any change in a CATV franchise by grantee for any other city in the area would be made available to the City at its option. SECTION 23. TERMINATION The City, at its option, may terminate this contract by giving written notice of such termination to GRANTEE upon occurrence of any of the following: 1. Filing of a voluntary bankruptcy petition by GRANTEE. 2. Taking of jurisdiction of GRANTEE'S assets in bankruptcy proceedings by any court, such proceedings not being vacated within thirty (30) days. 3. Taking by execution of GRANTEE'S interest in this franchise. 15 4. Appointment by any court of a receiver GRANTEE, such proceedings not being vacated thirty (30) days. for with 5. Grantee's failure to comply with provisions of this franchise within thirty (30) days of written notice. SECTION 24. SEVERABILITY PROVISION If any section, sentence, clause or phrase of the ordinance is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the ordinance; and any portions in conflict are hereby repealed. Provided, however, that in the event that the Federal Communications Commission declares any section invalid, then such a section or sections will be renegotiated by the City and grantee. SECTION 25. RIGHTS OF INDIVIDUALS. Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users, or general citizens on the basis of race, color, religion, national origin, or sex. Grantee shall comply at all times with all other applicable federal, state, and city laws, and all executive and administrative orders relating to nondiscrimination. SECTION 26. ENFORCEMENT UNDER TEXAS LAW. This franchise shall be construed in accordance with and governed by the laws of the State of Texas. ~ APPROVED on first reading the 7 day of 1992. PASSED J-.., A~PROVED AND ADOPTED this the ze!arzuftP-'1 ' 1992. "SftPvltr<-Y -ct.. /9' day of k Mayor, / / ATTEST: (SEAL OF CITY) 16 ACCEPTANCE: This franchise agreement is accepted ~;~ the r~ativeOf FRANCHISEE this /a~ / aA ~~~ , 1992. authorized day of EXCEL COMMUNICATIONS GROUP, INC. THE STATE OF TEXAS ( ( COUNTIES OF BEXAR, COMAL ( AND GUADALUPE ( /; Befo~e/ me / Public, on this day personally appeared ~_ , known to me to be the person w se name scribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed. of office this , 1992. loa day 'tJ Sign ur , Notary Ii !!;,e~ ElM jf"tU/~t/64 Print d name of Notary Public ~ My commission expires ~L ~ .:24- 9- 17 EXHffiIT B-1 CHANNEL LINE-UP BASIC CABLE * 2 Local Origination * 3 mOL - NBC * 4 Preview Channel * 5 Govt. Access * 6 KENS - CBS * 7 KRRT - Fox * 8 KWEX - Univision * 9 Black Entertainment Television *10 KLRN - PBS *11 KABB - Independent *12 QVC - Shopping Channel *13 KSAT - ABC *14 C - Span I *15 WTBS (Atlanta Superstation) *16 The Learning Channel *17 KVDA - Telemundo *18 Educational Access *19 Galavision *20 WGN (Chicago Superstation) *21 Religious Access *22 The Nostalgia Channel *23 Public Access *24 Classified Ad Channell The Silent Network PREMIUM CHANNELS *25 *26 *27 *28 *29 Home Box Office Sholttime Disney Cimemax The Movie Channel EXPANDED BASIC MUSIC *30 *31 *32 *33 *34 *35 The nashville Network Country Music Television MTV VH-I Video Jukebox Network Arts & Entertainment HEWS *36 *37 *38 *39 *40 AND INFORMATION The Weather Channel CNN (Headline News) CNN (In Depth News) Financial News Network C - Span II SPORTS *41 ESPN *42 Home sports Ent. . FAMILY AND VARIETY *43 Nickelodeon *44 USA Network *45 CBN Family Channel *46 The Discovery Channel *47 Lifetime *48 American Movie Classics *49 &AI The Comedy Channel *50 Home Shopping Network II RELIGIOUS PROGRAMMING *51 EWTN *52 GETV *53 San Antonio Catholic ch. PAY *54 *55 *56 PER VIEW Viewers Viewers Playboy Choice One Choice Two at Night EXHIBIT C - 1 MONTHLY RATE SCHEDULE SERVICE EXCEL Basic Cable $ 9.75 Expanded Basic $14.50 lIB 0 $10.00 Showtime $ 9.00 Cinemax $ 9.00 Disney $ 7.00 Movie Channel $ 5.50 Additional Outlet $ 3.50 Converter: Standard Remote $ 1.50 $ 2.00 ~.cr. ~'~:i! '@'~\ I~tn ,..lag: NU'- CDk.c OU dUC Gluro enro.::: _C(I) J!l'-: C5 c -e E ~ ~ C5.' Gl'" '5 ru~ iE~. a:~'~ GlO:C fIl.c- :C~O u ro '" . ~ g> 5 ,~ u.'c;;'(jjO 1& ~ ';t =g ;;C"~'c ce!o.::l Gl- (I) ;;; .CJ <( :5 "" Q)..!.m~c"-"'cQ) .0)'. >OW'- .cuQ)-Q)Q) .em CQ)Q) 0- Q),...... iii~!~ ~!I! 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Gi - iIi ~.c '" E .1; If >- ro GI ~ . aO~'3~:J";:j'" ttI-fiaOla ojgB-'::JiI.c~>E o~.::: al cD.oocc (l)llJalO ,'i"Ouo 'Cii::lro<(~iii1Vo.g: QJ QJ C UJ :.= 'C c.- c ~ .c .~ U .P E 0. _ 0 0$ ,- .!!! W. - ~ GI tl E'E E N :50; 'Iii o.c - g l!!'~ g: 8 5 8 - iHI 5 ~ .i; mltatJon of subsection (b), any cable operator may Ie ~~ir"" 'under terms o~ any franchise to pay a ra.A!!'lise lee. (b) For any twelve-month period. the franchise fee laid by a cable operator with respect to any cable lystem shall not exceed 5 percent of such cable loerator's gross revenues derived in such period from l'1e cperation of the cable system. For the purposes )f this section. the 12-month period shall be the 12-month period applicable under the franchise for accounting purposes. Nothing in this subsection shall prohibit a franchising authority and a cable operator from agreeing that franchise fees which lawfully could be collected for any such 12-month period shall be paid on a prepaid or deferred basis; except that ~he sum of the fees paid during the term of the franchise may not exceed the amount, including the time value of money, which would have lawfully been collected If such fees had been paid per annum. (c) A cable operator may pass through to subscri- bers the amount of any increase in a franchise fee. unless the franchising authority demonstrates that the rate structure specified in the franchise reflects all costs of franchise fees and so notifies the cable operator in writing. (d) In any court action under subsection (c). the franchising authority shall demonstrate that the rate structure reflects all costs of the franchise fees. (e) Any cable operator shall pass throu.gh to subscribers the amount of any decrease In the ) franchise fee. . (I) A cable operator may designate that.portion of a subscriber's bill attributable to the franchise fee as a separate item on the bill. (g) For the purposes of this section: (1) the term "franchise fee" includes any tax, fe.e,. or assessment of any kind imposed by a franchising authority or other governmental entity on a cable operator or cable subscriber, or both, solely because of their status as such. (2) the term "franchise fee" does not include: (A) any tax, fee, or assessment of general applicabi- lity (including any such tax. fee, or assessme~t imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers); (8) in the case of any franchise in effect on the date of the enactment of this title. payments which are required by the franchise to be made by the cab~e operator during the term of such franchise for. or In support of the use of, public, educational, or govem- mental access facilities; . . (C) in the case of anx franchise gr.anted after s~ch date if enactment, capital costs which are required by the franchise to be incurred by the cable operator for public, educational. or governmental access facilities; (0) requirements. or charges inci~enta! to ~e awarding or enforcmg of the franchise, Includmg payments for bonds, security funds, letters of credit, insurance. indemnification, penalties, or liquidated damages; or . . (E) any fee imposed under title 17, United States Code. (h)(1) Nothing in this Act shall be construed to limit any authority of a franchising authority to impose a tax. fee, or other assessment of any kind on any person (other than a cable operator) with respect to cable service or other communications service provided by such person over a cable system for which charges are assessed to subscribers but not received by the cable operator. . (2) For any 12-month period, the fees paid by such person with respect to any such cable service or other communications service shall riot exceed 5 percent of such person's gross revenue deriwd in such period irem :he provision oi such service over tne caO;8 system. (I) Any Federal agency may not reguiate the amount oi ;he franchise fees paid by a cab;e operator. or regulate the use of funds derived from such fees. except as provided in this section. Regulation of Services, facilities. and Equipment (See. 624Ha) Any franchising autMrity may not regUlate the services. facilities. ana equipment pro- VICeo by a cable operator except to the extent conSistent with this title. . (b!.ln the case of any franchise granted after the effecttve oate of this title. the franchising authority, to the extent related to the establishment or operation of a cable system: . . (1) in its request for proposals for a franchise (InCluding requests for renewal proposals. subject to section 626), may establish requirements for facilities ~na equipment. but may not establish requirements rOf vlaeo programing or other information services: ana req~ire~;At~ .co'~tai~~d'~ithin the frarichis~:" -.; -' (A) for facilities and equipment; and (B) for broad categories of video programing or otl:1er services. (c) In the case of franchise in effect on the effective date of this title. the franchising authority may. subject to section 625. eniorce requirements contained within the franchise for the provision of services. fac:iities. and equipment. whether or not related to the establish- ment or operation of a cable' system. (d)(1) Nothing in this title shall be contrued as prohibiting a franchising authority and a cable oper- ator from specifying. in a franchise or renewal thereof, that certain cable services shall not be provided or shall be provided subject to conditions. if such cable services are obscene or are otherwise unprotected by the Constitution oi the United States. (2)(A) In order to restrict the viewing of programing which is obscene or indecent, upon the request of a subscriber. a cable operator shall provide (by sale or lease) a device by which the subscriber can prohibit viewing of a particular cable service during periods selected by that subscriber. (B) Subparagraph (A) shall take effect 180 days after the effective date of this title. (e) The Commission may establish technical stan- dards relating to the facilities and equipment of cable systems which franchising authority may require in the franchise. (f)(1) Any Federal agency. State. or franchising authority may not impose requirements regarding the provision or content of cable services. except as expressly provided in this title. (2) Paragraph (1) shall not apply to: (A) any rule. regulation. or order issued under any Federal law. as such rule, regulation. or oraer (i) was in effect on September 21. 1983. or (i1) may be amended after such date if the rule. reguiation. or order as amended is not inconsistent with the express provisions of this title: and (B) any rule. regulation, or order under title 17. United States Code. Modification of Franchise Obligations (Sec. 625Ha)(1) During the period a franchise is in effect. the cable operator may obtain from the franchising authority modifications of the requirements ot the franchise: (A) in the case of any such requirements ior facilities or equipment. including public. educational. or gov- ernmental access facilities or equipment, if the cable operator demonstrates that (i) it is commercially impracticable for the operator to comply with such requirement, and (ii) the proposal by the cable operator for modification of such requirement is appropriate because of commercial impracticability: or (8) in the case of any such requirement ior services, if the cable operator demonstrates that the mix. quality, and level of services required by the franchise at the time it was granted will be maintained after such modification. (2) Any final decision by a franchising authority under this subsection shall be maae in a publiC proceeding. Such decision shall be made within 120 cays after receipt of such request by the franchising authority. unless such 120 day period is extended by mutual agreement of the cable operator ana the franchising authority. _ (0)(1) Any cao.e operator 'Nnose request :or'mca- ification unaer supsection (a) has peen aen:ed bya final decision of a franchising authonty may obtaIn modification of such franchise requirementS pursuant to the provisionS of section 635. (2) In the case of any proposed modification of a requirement for facilities or equipment. the court shall grant such modification only If the cable operator demonstrates to the court that: (A) it is commercially il'!'practicable for the operator to comply with such reqUlfement; and (8) the terms of the modificatio~ requested. are appropriate because of commerclallnprac:;cacdlty. (3) In the case of any proposed modification of a requirement for services. the court shall grant such modification only if the cable operator demonstrates to the court that the mix. quality. and leve! oi servIces required by the franchise at the ti.me .it was granted will be maintained alter such moolflcatlon. . . (6) Notwithstanding subsections (a) and (b). a cacle operator may. upon 30 days' aavance nonce to the franchising authority. rearrange. replace. or remove a particular cable service required by the f.rancnlse If: \ !) '::H.H,,;; 'i ~C: Vi(.;i;; 1$ no longer avallaOle to me operator: or . (2) such service i.s' available to the operator only upon the payment 01 a royalty reqwed unoer section 8G1(b)(2) of title 17. United States Code. which the cacle operator can document: . (A) is substantially in excess of the amount of such payment recuired on the date of the operator's offer to prOVide such service: and (B) has not been specifically compensated for through a rate Increase or other adjustment. (d) Notwithstanding subsections (a) and (b). a cable operator may. take such actions to rearrange a particular service from one service tier to another. or otherwise olfer the service. if the rates for all of the service tiers involved in such actions are not subject to regulation under section 623. (e) A cable operator may not obtain modification unaer thiS section of any requirement for services relating to public. educational. or governmental access. . (f) Fo.r the .purposes of this section. the term commerCially Impracticable" means. with respect to any reqwemem applicable to a cable operator that it is commerciaily impracticable for the operator to ~omply with such requirement as a result of a change . In condllions which is beyona the control of the operator and the nonoccurence of which was a basic assumption on which the requirement was based. Renewal (Sec.. 626Ha)Ouring the 6-month periOd which beginS with. the 36th month before the franchise ~J?rratlon. the franchising authority may on its own Initiative, and shall at the request of the cable operator, commence proceedings which afford the public in the franchise area appropriate notice and participation for the purpose of: (1) indentifying the future cable-related community needs and interests; and (2) reviewing the performance of the cable operator under franchise during the then current franchise term. (b)(1). Upon completion of a proceeding under subsection (a). a cable operator seeking renewal of a franchls~ may, on its own initiative or at the request of a franchiSing authonty, submit a proposal for renewal. (2) Subject to se~tion 624, any such proposal shail contain such matenal as the franchising authority may require, including proposals for an upgrade of the cable system. (3) !he franchising authority may establish a date by which such proposal shall be submitted. (c)(1) Upon submittal by a cable operator of a proposal t~ the franchising authority for the renewal of a franchise, the franchising autnority shall provide prompt public notice of such proposal and. during the 4-month penod which begins on the completion of any proceedin9s under subsection (a), renew the fran- chise or, Issue a preliminary assessment that the franchise should not be renewed and. at the request of the operator or on its own inititative. commence an adm!nistrative proceeding. after providing prompt publiC notice of such proceeding. in accoroance with paragraph (2) to consider whether: . (A) the cable operator has substantially complied With the matenal terms of the existing franchise and with applicable law; . (8) the guality if the operator's service. inclUding' sl.gnal quality. response to .consumer complaints. and billing practices. but without regard to the mix. quality, or level of cable services or other services provided over the. system. has been reasonable in light of communIty needs; iC). the o/?erator has the financial. legal. and teer.nlcal ability to provide the services. facilities. and equIpment as set forth in the operator's proposal: and (D) the operator's proposal is reasonable to meet the futur~ ca~le-retated community needs and inter- ests. taking Into account the cost of meeting such needs and interests. (2) In any proceeding under paragraph (1), the cable operator shall be afforded adequate notice and the cable operator and the franchise authority. or its desl.gnee. shall be afforded fair opportunity for full participation. including the right to introduce evidence (including evidence retated to issues raised in the proceeding under subsection (a)). to require the production of evidence. and to question witnesses. A transcript shall be made of any such proceeding. (3) At the completion of a proceeding under this subsection. the franchising authority shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the cable operator. 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INSTALlATION CHARGES ! · Standard InstaIlation: (within 30 days of the day - service is made available) FREE After 30 days: $40.00 · Transfer of Service: (within 30 days of transfer) FREE After 30 days: $30.00 · Disconnect service: FREE FREE · Service calls (cable related): · Converter deposit: FREE · AlB Switch: Purchase at Excel cost · Reconnection of Basic Service: $30.00 $10.00 $10.00 $150.00 · Install additional outlets / Relocate outlets: · VCR Hook up: · Unreturned Converter: Mi~ellaneouschuges · Cable Guide: (with two or more Premium services) FREE Without Premium services $ 0.75 $10.00 $10.00 $ 5.00 · Returned check charge: · Field collection charge: · Rate for late payment: KOGER CENTER · 4204 WOODCOCK DRIVE. TRINITY BUILDING. SUITE 251 . SAN ANTONIO, TEXAS 78228 TEL: (512) 735-2922 FAX: (512) 735-4520 . LD Newspaper Group PUBLISHER'S AFFADAVIT t/fY r /If' (COUNTY OF BEXAR) (STATE OF TEXAS) I, Robert L. Jones, II, publisher of the HERALD NEWSPAPER GROUP, do solemnly swear that the notice, a printed copy of which is attached, was published once a week for two consecutive week(s) in the HERALD published at Universal City, Bexar County, Texas on the following date(s) to wit: 01/15/92 and 01/22/92 &~ Subscribed and sworn to before me, this 22nd day of January , 19~. #~6 NOTARY PUBLIC SIGNATURE David R. Martin Notary Public Printed or Typed Name My Commission Expires: 05-31-94 122 East Byrd P.O. Box 2789 Universal City. Texas 78148 (512) 658-7424 r~e 10 Wednes~y, -1an~ 22, 199~EFlALD-Univenal City,Texas .!.. {' ORDINANCE NO. AN ORDINANCE BY THE CITY ~OUNCILOF THE CITY OF SCHERTZ. TEXAS. GRANTING A FRANCHISE TO . EXCEL COMMUNICATIONS _GROUP. INC. TO CONSTRUCT AND OP~TE A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SCHERTZ. TEXAS. WHEREAS. the City Council has determined -that the City will benefit from the construction of a cable television system within the City of Schertz, Texas, NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ. TEXAS SECTION 1. ~ -nII.L. This ordinance shall be known and may be cited as the Excel Television Franchise ordinance. SECTION 2. DEFINITIONS. For purposes of this ordinance the followinq terms. phrases, words, abbreviations, and their deviations, shall have the same meaninqs qiven herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include singular number. and words in the sinqular include the plural. The word "shall' is always mandatory and not merely permissive. . A. "Access Channel" means any publiC or leased channels. ~ B. "Basic Service" shall mean all communications services provided by the qrantee includinq the delivery of broadcast siqnals and proqramminq as shown on Exhibit B-1 as such exhibit may be chanqed from time to time with approval by the City. C. Broadcast" means the over-the-airtransmission of electromaqnetic audio or video siqnals. D. "CATV" or CATV system shall mean cable television system as hereinafter defined. E. "Cable television system" shall mean any system which receives and amplifies siqnals broadcast by one or more television and/or radio stations and which transmits proqramminq oriqinated by the system itself or by another party, and distributes such siqnals and proqramminq by wire. cable, microwave, satellite, or other means to persons who subscribe to such service. F. Cable Television Service" shall ...n the delivery by the grantee to television receivers. or any other suitable type of audio-video communication receivers, to all subscribers in the City of all broadcasts signals allowed by the FCC to be carried over the CATV system, all FM radio stations carried on the system. local origination channels, educational access channels, publiC access channels, qovernment access channels, services at the option of the qrantee. G. "City" means the City of Schertz, Texas. H. "City Council" means the qoverning body of the City of Schertz. I. "City Manaqer or City Administrator" means the' chief administrative officer of the City of Schertz or his designated agent. J. "Cablecast" shall mean to transmit over a cable television system. K. 'Channel" shall mean a band of frequencies six megahertz in width in the electromaqnetic spectrum. L. "Converter" shall mean an electronic device capable of convertinq electronic signals to other than their oriqinal frequencies so as to eliminate interferences within television receivers of subscribers. M. "Dwelling unit" shall B1ean a room or rOQms. in a buildi.q or portion thereof, used purposes by one family. . suite of for living N. 'FCC' shall mean COllll\llssiQn. O. "Franchise" shall mean the authorization granted bythJs ordinance to construct. operate. and maintain a ~ATV systemln the City of Schertz. the Federal Communications P. . "Full Service" shall mean the level of service r~e!~e4 by a cATV- system subscr,1.R.I}t;,-,fq~L ",n:.a94~tional cha-roA i"l')var .tthA'~;;AAa...t"_-_~Awtu,t_"'A ...h.....ft6.aft,A.....41........ ull1 _, 1_._. equitable action to set asi franchise. or the transfe transfer is not made aCCordi- in this ordinance. _ B. Any sale, transfer.;,or assiqnment shall be made by a bill of sale or similar do ment. a copy of which shall be flied with the City Manager t least thirty (30) days. prior to such sale, transfer or ssiqnment. The City Council shall not withhold its co ent unreasonably, provided. however, that the proposed ssiqnee shall aqree to comply with all the proviSions of is ordinance and- the franchise and must be able to p ovide proof of financial responsibility as determined ythe City Council. , annul. revoke. or cancel the of the franchise. if said to the procedures established C. Nothing in this ~Section shall be deemed to prohibit the assiqnment. mor~qaqe, or pledqe of the system or any part thereof for ftnancinq purposes; provided. however, that such financihq purposes shall be for the construction. maintenance, or improvement of the CATV system authorized by this franchise. D. "A.siqnment' as used in this .ectlon. includes a transfer of-control of the cd~porate franchise, by voluntary sale of shares or otherwise. . StCTION 7. FRANCHISE TERRIT()RY A!ID IJ.IiE EXTENSION ~ This franchise shall ~e for the present territorial limits of the City of Schertz and for any area henceforth added thereto durinq the term of the franchise. The qrantee hereby agree. to providel cable television .ervice availability to all propertvwithin the city limits as of the effective date of this otdinance in all areas where the housingden.ity reaches 40 dW.lling units or more per .treet mile in accordance with ;the construction timetable established hereinafter. SECTION 8. CONSTRUCTION TIMEtABLE A. Upon acceptinq tIe franchise,qrantee shall, within sixty (60) days. fi e the documents required to obtain any necessary Federa . State, and local licenses, permits and authorizations rquired for the conduct of its business. and shall submit'monthly reports to the City Manager or his designated aq~nt on progress in this respect until all such documents are 1n hand. B. Within three (3) months after franchise. the grantee shall furnish the City schedule for the construction of the system. so presented shall display. the dates upon television service .vailability shall be sutscribers in the City. C. Within twenty-four ~24) months after acceptinq the franChise. the qrantee aorees the system will be operational. acceptinq the Manaqer with a The schedule which cable furnished to SECTION 9. !lD; Ql STREETS A. The qrantee shall have the right to use the streets of the City for theiconstruction. operation, and maintenance of a cable tel_Vision system as prescribed, requlate,d and limited by prdYisions of this ordinance, and by State, local and Federal l1~' both present and future. B. Grantee shall utillze eXistinq poles, conduits, and other facilities whene~r possible. Prior to the utilization of any street for the placement of the distribution plant of the d[. ble television system, the qrantee shall secure and ~ ace on file with the City Secretary a "utility pole usaq agreement" with each utility within the City currentlY own~nq such poles, conduits, and other facilities, whose poles, conduits and facilities are to be used. To the extent -hat existinq poles, posts. conduits. and other such str ctures are not available, or will not be available to.-the grantee within a rea.onable time. theqrantee shall have he riqht to purchase, lease. or in any manner acquire land t riqhts-of-way Upon or under which to erect and maintain ts own poles, conduits. and other such structures' as y be necessary for the construction and ~J.nt.n.nce 0 its cable television sYstem. C. All transmisston liens Gnd equipment erected b shall be so located as to ca the proper -use of.treets. an~ withe the riqhts and reason owners who adjoin any of the s d distribution structures, the qrantee within the City .e minimum interference with o cause minimum interferenoe Ie convenience of property 'd street.. D. In case of disturb nces of any street or paved area. the g~an~.e shall. a~ i s own cost and expense and in a manner app10ved by the Ci y Manager or his designated agent. replac4! Ilnd restore.\I street aJldtor ..pav,ed area in __ ___~ _ __ .\.... . :,~. a _. 2. Educational Channel. One channel shall made available to local education authorities on as-needed basis. be an 3. ~ ~ Channel. One specifically desiqnated. non-commercial publiC access channel shall be made available on a first-come, first-served nondiscriminatory basis for the use of the Metrocom. E. The access channels delineated herein shall be made available to the authorized qovernment. non-profit civic and non-commercial users at no cost; prOVided; however, that the qranteeshall be authorized to charqe other users for the use of its local oriqination studio facilities and/or technical personnel a fee which shall be no qreater than its actual cost of providinq such facilities and/or personnel. F. The qrantee shall be allowed to utilize the channels desiqnated as access channels for such other purposes as it may deem appropriate. at all times the users are not utilizinq these channels. G. Control over the content of the proqramming transmitted over the (ccess channels by the qrantee shall be limited to that level which is authorized by the FCC now or hereinafter durinq the length of the franchise terms. which restrictions and controls will be filed by the qrantee with the City Secretary. H. The qrantee shall file with the City Secretary copies of those rules qoverninq access channel utilization Cnot inCluding the educational access channel) which are described in 47CFF 76.256 (d) (1-4). I. The qrantee and City hereby aqree that educational authorities Shall be oiven sufficient time to formulate rules qoverninq schedulinq of programminq of those access channels dedicated for use by the educational community; and that such rules, when formulated, shall be utilized by the qrantee and all parties involved. Such rules shall be subject to City approval. J. Grantee shall provide and maintain a minimum of one production studio within the area , and a minimum of one fully equipped for color mobile unit for the purpose of local proqram origination. K. Grantee shall construct on. earth station initiallY to r.ceive .at.llite-delivered .iqnals and agree to construct additional earth stations when such construction will advance the amount of CAVT programming for the City subscribers. L. ~ Services. Grantee agrees that its system will be designed and constructed to offer such specialty services as an emerqency alert override system. a fire/burglar/medical alarm service and an opinion pollinq service. MAINTENANCE OF SERVICE SECTION 11. INSTALLATION AND CONNECTIONS IN PUBLIC BUILDINGS. A. The grantee shall provide one service connection in each of the followinq locations: 1. All qovernmental bUildings or facilities as may be now or hereinafter desiqnated by the City Manaqer or his aqent. parochial school buildings as or hereinafter by the chief of ., each school district or 2. All public and may be desiqnated now administrative officer parochial school system. 3. Each classroom buildinq and bUildinq of each colleqe or university. dormitory 4. Such service connections shall be prOVided to buildinqs as ~esiqnated by the proper administrative official within two (2) months of the date service is available to such buildinq. B. No charqe will be made by the qrantee for the installation. disconnections Cwhen requested), reconnect ions Cwhen requested), monthly services, and/or maintenance of equipment on any service connection authorized by subsection (Al above a converter to provide the capability of receivinq all services except "Pay Television" shall be provided to each location at no cost. C. The qrantee shall install and maintain return (upstream) full-channel transmission capability in each publiC and/or parochial school building and qovernmental hulldlntT wh..n rAtTn.."tAd hv th.. "hl..f A,,,,,,,utiv.. officer of Dy'----,-:~C. waa'""1IU'lrr:_'" ~'-.\" or \ E. If at any time during the period of the franchise the City shall lawfully elect to alter or chanqe the qrade of any street or construct any other publiC works, the qrantee, upon reasonable notice by the City Manaqer or his desiqnated aqent, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes. and other fixtures at its own expense. . .LU& "-1It:-vilPClD.lll.T:.Y T:.O rece.lve all serV1C8S Del-ng OIrerea the qrantee with the exception of pay television services limited access services. Q. "Grantor" shall mean the City of Schertz. R. "Grantee" shall mean Excel Communications .Group, Inc.. a Texas Corporation. the party to which a franchise by this ordinance is granted, and includes its lawful successors and assigns, as permitted by Section 6 of this franchise. S. "Gross Annual Revenues" shall ..an all revenues, income and receipts, received by the grantee, Its affiliates or subsidiaries from and in connection with the oper4tion of a cable television system as authorized by this franchise. For the purposes of this section, this term shall include, but not be limited to, installation fees, reconnect ion fees. subscriber fees, charges for lease of channels. revenue from advertising, and revenue from pay television. The term shall not include any taxes on services furnished by the grantee which is imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit. mean any Individual, firm, corporation, company or T. "Person" sha 11 partnership, association, organization of any kind. U. 'Pay Television" shall mean the delivery over the CATV system of video and audio signals in intelligibie form to subscribers for a fee or charge over and above the charge for basic or Full Services, on a per program, per channel, or other subscription basis. V. "Premium Service" shall mean the same as pay television. W. 'Subacriber" shall mean a recipient of services which are delivered over the CATV system. X. "Street" shall mean the surface of and the space above and below any publiC street, road, hiqhway, freeway, lane, path. publiC w~ or place. sidewalk. alley, boulevard, parkway, driveway or other easement now or hereafter held by the City and shall include other easements or rights of way as shall be now held or hereafter held by the City and Its grantee to the use thereof for the purposes of installinq or transmitting CATV system transmissIons over poles, wires, cables, conductors, ducts, conduits, vaults. manholes, amplifiers. appliances, attachments, and other property, as may be ordinarily necessary and pertinent to a cable television system. Y. "User" shall mean a person utilizing a cable television system channel for purposes of production or transmission of materials to subscribers. SECTION 3. GRANTING CLAUSE. There is hereby granted by the City to Excel Communications Group, Inc., hereinafter referred to as grantee, the right and privilege to construct, erect, operate, and maintain in, upon, along. across. above, over and under the streets now laid out or dedicated. and all extensions thereof, and additions thereto in the City, poles. wires, cables, underground conduits, manholes, and other CATV conductors and fixtures necessary for the installation, maintenance, operation, and distribution of television and radio signals to and from subscribers and/or users. SECTION 4. FRANCHISE ~ The franchise term and the riqhts, privileqe, and authority hereby qranted shall take effect and be in forae after final 'passaqe hereof, and acceptance by the grantee, as provided by lawl and shall continue in force and effect for a term of fifteen (151 years and may be renewed if City d consents to such renewal. If City does not renew, grantee will remove its cables and all other fixtures described in 3 above. SECTION 5. , RENEWAL This franchise may be renewed in accordance with the terms of the Cable Communications Policy Act of 1984, specifically, Section 626. SECTION 6. TRANSFER OF FRANCHISE. A. The franchise qranted under this ordinance shall be a privileqe to be held in personal trust by the grantee. It shall not be assiqned. transferred, sold or dispose~ of. in whole or in part, by voluntary sale, merger. consolidation or otherwise or by force or involuntary sale, without prior consent of the City Council expressed by ordinance, and then on onlY such condition as may therein be prescribed. The CiUV is hereby empowered to take legal or ;-'J'.r-', ,1"\:; ~-.'.) F.The qrantee shall, on the request of any person holdinq a movinq ~rmit issued by the City, temporarily raise or lower its wires to permit the moving ~f buildinqs. The expense of such temporary removal or raising or lowerinv of wires shall be paid by the, person requesting the s.... and the qrantee shall have the authorization to require the payment in advance. Such payment shall not exceed the qrantee's cost. The grantee shall arrange for such temporary wire changes prior to the expiration of six (6) days from the date of notice is given by the person holding the permit. G. The grantee shall trim trees overhanqing streets of the City so as to prevent the branches of such trees from cominq in contact with the wires and cables of the qrantee. except that at the option of the City, such trimminq may be done by it or under its supervision and direction at the expense of the qrantee if grantee has failed after two (2) weeks notice to perform such work at qrantee's expense. H. In all sections of the City where the cables, wires, and other like facilities of publiC utilities are placed underqround, the grantee shall place its cables, wires or other like facilities underground. SECTION 10. IISIIH DiiIiK CRITERIA. A. Grantee will prOVide a system capable of carrying sixty channels with qovernment, educational, and local (publicI access channels asset out therein. The cable television system installed in the City of Schert2 shall be initially capable of 'cablecasting no less than sixty (601 channels of video services or its equivalent of video, audio, or other combination of electronic lignals. B. Within six (61 months of the date of acceptance of this franchise by the grantee, the qrantee shall file with the City Secretary of the City of Schertz. a full detailed statement which shall by incorporated by reference to this franchise ordinance as Exhibit ~ and which shall conta1n the followinq information: 1. The location of the cable television "headend" facilities, local oriqination facilities, receivinq and transmittinq station sendinq or receiving of programminq, and business office. 2. The location of all regional headend microwave transmission and reception antenna sites. system's " studio for the central 3. The location of all desiqnated points within the system where in electronic signals (video and/or audio) may be transmitted into the system other than the central headend area, and other then schools. 4. A list of lessors of any of the above-delineated locations which are leased to the qrantee. 5. A description of the general equipment to be utilized in the local studio facility. cablecasting organization any mobile unit in the production 6. A description of facilities to be utilized transmission of programming'. C. The grantee agrees and affirms that the statement of programming services on each channel of the sixty (601 channels or its equivalent of video, audio or other combinations of electronic siqnals, which is incorporated as Exhibit "B" and Exhibit "B-2" and adopted by reference shall constitute the initial level of proqramminq to be available to all subscribers who shall agree to purchase the limited basic, expanded basic services of the grantee. Such pr-ogramminq may be changed by grantee subject to providing an equivalent amount of programminq for each level of service. Failure to provide as a minimum the service or its equivalent set out in Exhibits "B" and "B-2" shall constitute a breach of the franchise aqreement. or or D. Granteelhall provide the fOllowinq accels channel capacity: 1. Government~: One channel shall be made available for use by the area cities at no cost to the CitV or itsassiqnees. 1,3' 1:.;,1 ,'1';.eb" 6 a'.{t5b' (r) :.. -~;:>!1")('r~'_~-~ .;;.:,,~\r1"o:,:.n v~n SECTION 12. SYST~ TECHNICAL STANDARDS A. The grantee hereby agrees to construct and maintain the cable television system utilizinq the technical standards delineated in the FCC Rules and Requlations, 47 CFR 76.601 through 76.617 as now.exist or may hereinafter be amended. B. The grantee further aqrees that the . ,cable television system shall be so constructed and malntalned as to provide that the visual siqnal'level to System 'noise shall be no less than 40 decibehwhenmeasured 'at any subscriber terminal in the system. The FCC Rules and Regulations previously cited notwithstanding.. C. The grantee further agrees to provide the following in the construction, operation, and maintenance of the cable television system: 1. The cable television system shall be continuously operational on a 24 hour a day basis. 2. The cable television system shall be designed and operated so as to avoid causinq interference with reception of off-the-air siqnals by non-subscribers to the system. 3. The cable television system shall be so desiqned, installed and operated so as to assure the delivery to all subscribers of standard color and monochrome signal on the FCC designated class I television channels without noticeable picture degradation or visible evidence of color distortion or other forms of interference directly attributable to the performance of the ,cable television system. SECTION 13. FRANCHISE lEE. A. Annual Franchise Payment. In consideration of the terms of this franc~se, the grantee shall pay annually to the City a sum equal to five percent (5') of the qross annual revenues of the Schertz Cable Television System. Such payment shall be in addition to and shall not be construed as payment in lieu of personal or real property taxes levied by the City, or other charqes owinq to the City. B. It is recognized that the 5' franchise fee is established in conformance with the current FCC Rules on Cable Television Systems as stated in 47C.F.R. 76.31 entitled "Franchise Standards", In the event that the FCC shall modify such Rule so as to eliminate or alter in any fashion the 5' franchise fee limitation, or in the event that such 5' franchise fee limitation shall be eliminated or altered by judicial determination, the City reserves the right to reneqotiate the amount of the fee. C. The payment due to the City as is required in Subsection (AI above, shall be computed and due quarterly, based on grantee's f isca! year. The grantee shall file with the ,City, within thirty (30) days after the expiration of each of the qrantee's fiscal quarters, a financial statement clearly showing the gross revenues received by the grantee during the preceding quarter. Payment of the quarterly portion of the franchise fee Ihall be payable to the City at the time luch ,Itatement is filed. D. The grantee shall file, within sixty (601 days of the close of the qrantee's fiscal year, an annual report prepared and audited by a Certified Public Accountant, clearly Showing the annual gross revenues attributable to the Schertz Cable Television system. Extension of such period up to 30 additional days may be qranted by City upon request by qrantee. E. The City shall have the right to inspect the grantee'a income records, and the riqht of audit and the recomputation of any amounts determined to be payable under this ordinance I prOVided, however, that such audit shall take place within twelve (121 months followinq the close of each of the qrantee' s fiscal years. Any additional amount due the City as a result of the audit shall be paid within thirty (30) days following written notice to the grantee by the City, which notice shall include a copy of the audit report. The cost of said audit shall be borne by t~e qrantee if it is properlY determined that the qrantee s annual payment to the City for the preceding year is increased thereby by more than five (51 percent. F. 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 annual rate of ten percent (lOtI. G. No acceptance of any payment by the City shall be construed as arelea'e or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a franchise, fee under.this ordinan~e or for the performance of any other obligation of the grantee. - '- -"- ..'-----.'""'-,-......... "f:-' -#'-' '- .~_.......,:~~.-... - ,~, " I i,; I" '.~ " ~ SECTION 14. ~ The grantee guarantees television service set forth unchanged until July, 1993. that all rates for on Exhipit C will cable remain SECTION 15. METHOD OF ACCOUNTING. The grantee shall maintain its books and a system of accounts in accordance with methods of accounting applicable to the cable television industry. SECTION 16. LIABILITY AND INDEMNIFICATION A. The grantee shall indemnify and hold the City, its officers, employees and agents, harmless from any and all loss sustained by' the City, its officers, employees and agents, on account of any suit, judgment, execution, claim or demand whatsoever against the City, its officers, employees and agents, resulting from the grantee's construction, operation or .aintenance ot the cable television system; B. The grantee shall pay and by its acceptance of this franchise, the grant.e specifically agrees that !twill pay, all expenses incurred by the City, its officers, employes and agents, ).n4efending itself with uqard to all damages and penalti.. mentioned in Subsection (AI abov.. These expenses 'shall Incl ude all out-at-pocket expenses, such as attorney. fees, and shall also include the ,reasonable value of any servIces rendered by the City Attorney or his assistants or any City employee. C. T.he qrantee shall carrythrouO'hout the lenqth of term ot this franchise personal and property damage liability insurance with responsible insurance companies qualified to do' business 1n the State of Texas, which insurance shall carry the City as a ~o-insured party. The amounts of such insurance to be carried for liability due to property damaqe shall be $100,000.00 as to anyone occurrence: and aqainst liability due injury to or death of person, $500,000.00 as to anyone person and $1,000,000.00 as to anyone sinqle or multiple occurrence. D. The insurance policy or policies obtained by the grantee in compliance with this section must be approved by the City Manaqer or his aqenti and, alonq with written evidence of pavmentof reqUired premiums, shall be filed and maintained with the City Secretary durinq the term of the franchise. SECTION 17. REPORTS ~ RECORDS A. Copies of all petitions, applications, and communications submitted by the qrantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state requlatory commission or aqency having jurisdiction in respect to any matters affectinq cable television operations authorized pursuant to the franchise, shall be simultaneously submitted to the City Manager or his designated agent upon request, B. The grantee shall keep complete and accurate books of account and records of its business and operations under and in connection with the ordinance and franchise. All such books and records shall be made available at the grantee's office in the city. C. The City Manager or his authorized agent shall have access to all books of account and records of the grantee for the purpose of ascertaining the correctness of any and all reports and shall be given access to all other records upon request. D. Any false entry in the books of accounts or records of the qrantee or false statement in the reports to the City Manaqer as to material fact, knowingly made by the grantee shall constitute the breach of a materiai prOVision of this ordinance and franchise. SECTION 18. CUSTOMER ~ STANOARDS. A. Notification 21 ~ Procedures. The qrantee shall furnish each subscriber, at the time service is installed, 'written instructions that clearly set forth procedures for placinq a service call, or requestinq an adjustment. Said instructions shall also include the name, address and telephone number of the City Manager or other designated employee and a reminder that the subscriber can call or write the City Manager or other designated employee for information regardinq terms and conditions of the grantee's franchise if the qrantee fails to respond to the subscriber's request for installation. service or adjustment within a reasonable period of time. , ..;, ~ ~:-:-+:P-''-:i ~ n';';id ". ,i .t':'\ i,.~ !_~G " -. ,- - HERALI).-;.UiiiversalCity,Texas-Wednesday, Jan. 22, 1992 Page 11' .,. 1) For fallure to comply'with' any provision of Section 8 (AI or 8 (81 ------$100.00 per day. iil For failure to provide data and reports as requested by the City Manaqer or the Council _____$100.00 per day. SECTION 22. OTHER PROVISIONS A. ~meraencY Alert Override. The grantee shall incorporate into its facilities the capabilities for an emergency override audio alert whereby a'designee of the City, in times of emerqency, may introduce an audio and video messaqe on all channels simultaneously. B. Other Business Activities. The qrantee shall not engage in the business of selling, repairing or installing television receivers or radio receivers within the City of Schertz during the term of the franchise. ' C. Grantee agrees to pay reasonable attorney's fees necessary to enforce compliance with this aqreement. D. Any change in a CATV franchise by qrantee for any other city in the area would be made available to the City at its option. SECTION 23. TERMINATION The City, at its option, may terminate this contract by giVing written notice of such termination to GRANTEE upon occurrence of any of the following: ' , 1. flUng of a voluntary bankruptcy petition b)' GRANTE!=. 2. Taking of jur isjiiction of GRANTEE'S assets 1:1 bankruptcy proceedings by any court. such proceedings not being vacated within thirty (30) days. 3. Taking by execution of GRANTEE'S interest in this franchise. 4. Appointment by any court of a receiver for GRANTEE, such proceedi~qs not being vacated with thirty (30 I days . " 5. Grantee's failure to comply with provisions of this franchise withi~ thirty (30) days 'of written notice. SECTION 24. 1 SEVERABILITY PROVISION If any section, sentence, clause or phrase of the ordinance is held unconstitutional or otherwise invalid, such infirmity shall not affect the vaUdlty of the ordinance; and any portiops in conflict are hereby repealed. Provided, however, that in the event that the Federal Communications Commission declares any section invalid, then such a section or sections will be reneqotiated by the City and qrantee. SECTION 25. ~ OF INDIVIDUALS. Grantee shall not deny service, deny access, or otherwise discriminate again~t subscribers, channel users, or general citizens on the basis of race, color, religion, national origin, or sex. Grantee shall comply at all times with all other applicable fede~al, state, and city laws, and all executive and administrative orders relating to nondiscrimination. SECTION 26. ENFORCEMENT UNDER TEXAS LAW. , This franchise shall b~construed in accordance with and qoverned by the laws of t~~ State of Texas. ATTEST: ~.jo- ti~j S.!l.9'r:~~~.~Y{ CJ~.r. . of_ ~7h..~...,"..: ': ~r:'L:_I;\f::,. ~~)j;,..!.q_;.:. "'~ J... t t..._....... f..........,~ EXHIBIT B-2 Audio I FM line-up KAJA 97.3 KCYY 100 KISS 99.5 KONO 101 KQXT 102 KSAQ 96.1 KSMG 105 KSRR 92.9 KTFM 103 KZEP 104 KXTN 107 KMMX 106.7 EXHIBIT C - 1 MONTHLY RATE SCHEDULE SERVICE Basic Cable Expanded Basic HBO Showtime Cinemax Disney Movie Channel ; 1'" -, ;- AdditioI'lQtOUtlef;r... w",,-r r t:. r rrw 'n~<f'W htii:: ~Qn''{r..''~i'" '".., ..'.....,-.... .~ i ~A.R .:..rLt EXCEL $ 9.75 $14.50 $10.00 $ 9.00 $ 9.00 $ 7.CJO $. 5..50 i$"3~S(V' -,<""",,.-:.m"1sdo complaints ;;d';;qU;;t;-f~;'r;p~l~s .~~ ;dj~stm;;t~ ;;~eived prior to 2.00 p.m. each day. In no event shall the response time for calls received subsequent to 2:00 p.m. exceed twenty-four (24) hours. C. Service InterruDtions ~ Notifications. The grantee shall interrupt system service after 7:00 a.m. and before 1:00 a.m. onlX with good cause and for shortest time possible; and except in emergency situations. only after publishing notice of service interruption. Services may be interrupted between 1:00 a.m. and 7.00 a.m. for routine testing, maintenance and repair, without notification. any night except Friday, Saturday or Sunday. or the nioht preceding a holiday. Whenever service is interrupted to any subscriber for any period of time in excess of twenty-four (24) hours. the subscriber shall receive a rebate of one-thirtieth (1/30th> of his monthly service fee for each day or part thereof between the end of the 24 hours and the time service is restored to proper standards upon written request. D. ComDlaint Records. The grantee shall maintain a written record or "loq" listinq date and time of customer complaints, identifYinq the subscriber and describinq the nature of the complaints, and when and what actions was taken by the qrantee in response thereto; such record shall be kept at qrantee's local office, reflectinq the operations to date for a period of at least three (3) years, and shall be available for inspection durinq reqular business hours. SECTION 19. PROTECTION Ql SUBSCRIBER ~ A. ~ Qf ~ tr2m Subscriber. The grantee shall not initiate or use any form, procedure or device for procurinq information or date from subscribers' television by use of the system, without prior valid authorization from each subscriber so affected. B. Subscriber ~ The grantee shall not, without prior valid authorization from each subscriber so affected. provide any li.tdesiqnating subscriber'. names or addresses to any other :party except where required under cOntract for provision of premium serVice. C. Subscriber Transmission. Grantee shall not pe~it the installation of any special terminal equipment in any subscr iber' s premises t.hat will permit transmission from subscriber's premises of two-way services utilizinq aural, visual or digital signalS without first obtaining written permission of the subscriber. SECTION 20. SECURITY FUND A. Within thirty (30) days after the acceptance of this franchise, the grantee shall depOSit with the City's Director of Finance, and maintain on depOsit throughout the term of the franchise, a performance bond in the sum of fifty thousand dollars ($50,000.00) to be paid in cash int he event of default. B. If the grantee fails to pay to the City any compensation within the timef1xed herein; orfaUs. after tens. (10) days notice. to pay to the City any taxes due and unpaid; or fails to repay to the City within such ten (10) days and damages. costs or expenses which theCi ty shaH be compelled to pay by reason of any act or franchise, or fails after three (3) days notice by the City Manager of such failure to comply with the prOVisions of this ordinance or its franchise which the City Manager reasonably determines can be remedied by an expenditure of the security, the City's Director of Finance may immediately claim the amount thereof on the bond, with interest and any penalties. Upon such withdrawal, the City's Director of Finance shall notify the grantee of the amount and date thereof, and the Grantee shall be required to restore the performance bond to its oriqinal principal amount. C. The performance bond shall become the property of the City in the event that the franchise is terminated prior to its termination date as set out herein. The bond shall be retained by the City and returned to the grantee at the expiration of the franchise provided there is then no outstandinq default on the part of the grantee. D. The rights reserved to the City, with respect to the security fund, arain addition to all other rights of the City, whether reserved by this ordinance or authorized by law; and no action. proceedino or exercise of a right with respect to such security fund shall affect any other right the City may have. SECTION 21. P~NALTY PROVISIONS For violation of material provisions of this ordinance the penalti.s shall be chargeable to the Security Fund as follows, ACCEPTANCE: This franchise agreement is accepted by the authorized representative of FRANCHISEE this day. of , 1992. EXCEL COMMUNICATIONS GROUP. INC. BY, Jeff Gangwer, president THE STATE OF TEXAS COUNTIES OF BEXAR, CONAL AND GUADALUPE Before me, a Notary Public, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoinq instrument and acknowledqed to me that he executed the same for the purpose and consideration therein expressed.. Given under my hand and seal of office this of , 1992. day Sionature. Notary Public Printed name of Notary Public My commission expires_ ______u EXHmIT B-1 CHANNEL LINE-UP BASIC CABLE EXPANDED BASIC * 2 Local Ori.giDaUOIl * 3 DIOL - IIBC *. .rad._ ~ * 5 Gort. Acce.. *' KEllS - cas *7 _-...... * S It1IBX - UaJ."i.iOll *' Black 1IDt:er1:at-t. !r.l_idOll *10 KLIIX - ... * 11 KlIBB - IDClepea4...t. *12 live - Shopping Channel *13 x= - AIIC *16 C - Span : * 15 !ailS (AU...t:a S1Iper.tl\UolI) *16 '%he Lea~g Qwmel *!7 QDA - ~l_ *.18 Bc1v.oat.iooal-Jlcc..... *1f Gala"i.ioD. *20 _ (Chicago Super.t:at.iOIl) *21 Reli!JiOIl. Acce.. *22 !!:he Ho.i:al!Jia Chamutl *23 Public Ace... *24 Cla..ified Ad Chann.ll !!:h. silellt. Il'et:work MUSIC *30 ft. _lIh"Ul. Il'etwork *31 COIIDt.rr ....ic ~l."i.ioll '32 HrV '33 VB-I '34 Video Jukel>o.. Il'etwork *35 Art. r. BIltertaillMat. HIllIS ll1m DIFOllIIUZOII *36 ft.W.ather ChaDDel *37 CIlX (BeadUII.X_.) *38 CIlJf (Ill Dept.h X_.) *39 PiDucial Ifaw. If.t""rk '.0 C- span II SPOIrrS *.1 BSP. '.2 Hose' sport. ....t:. PREMIUM CIIAIlIIBLS J'llXILl' AIID VlUtIB'l'r '43 .ickelodeo.. *44 USA Ifet.work. *45 CIIIf P&ail)' Chann.l *4' ft. Di.coy.rrChann.l *47 Lifet.t.. *6S &aerie.. MoYie Cla..ic. *69 J!Af'n1. ea.ed)' Chamutl *50 _e Shopping Xetwork II '25 BOlle Box Office *26 Showtiae *27 Dia..e)' *2S cia...." *29 !!:he Ho"ie CIuulDel RELIGIOUS .aOOIUlKMIXG '51 EWrIf. '52 GB'rV *53 SaD Antonio Catholic ch. PAT .0 VIn *56 Viewer. Choice OIle *55 Vi_.r. Cboice TNo '56 Playbll)' at ll'i!Jht. ,~ ~,~~,/~b~ ""i~'~nf~1 u~~ ..i> :'In.' rt:lI\o1 9i'l:i"B':lP Hri't Converter: Standard $ 1.50 Remote $ 2.00 v --. ---.- ~ . INSTALlATION CHARGES . Standard IDstaIlatioo: (within 30 days of the day - ~ce Is made .va1Iable) FREE After 30 days: . Transfer of Service: (within 30 days of transfer) After 30 days: $40.00 FREE $30.00 FREE FREE FREE . Disconnect service: . SelVice calls (cable related): . Converter deposit: . AIB Switch; Purchase at Excel cost · Re<:onnection of Basic Service: $30.00 $10.00 $10.00 $150.00 . Install additional outlets I Relocate outlets: . VCR Hook up: . Unreturned Converter: M1scellaneous charges . Cable Guide: (with two or more Premium services) . FREE S 0.75 $10.00 $10.00 S 5.00 Without Premium selVices . Returned check charge: . Field collection charge: . Rate for late payment: KOGER CENTER. 420<1 WOODCOCK DRIVE. TRINITY BUILDING. SUITE 251 . SAN ANTONIO. TEXAS 7822S , TEL (5121'735'2922 FAX. 15121 735"520 J ~ ;, A. '_Tho. _n...------~- _A.------ ttIon I ,..rvJ.c.. SECTION .11. INSTALLATION AND HAINTENANCi OF CONNECTIONS IN PUBLIC BUILDINGS. SERVICE I I ...;.... as :Ity ., to f. I.. a, TOIl I I , nSI " !hT' a 'Th. 'II .z0, JTt II \91 fTi ql U' : as J.ef or lry If 1 . i8 e ~liO) l'ld.o. ~ce of wIth :aUed th18 PUBLISHER'S AFFIDAVIT COUNTY OF BEXAR } STATE OF TEXA!; I, m~.~_~.~_~~~_!\ :--~~!:~'::~~___.._.__..___mm, Publisher of the COMMERCIAL RECORDER, do 801emnly swear that the notice, a printed cop, of which is hereto attached. was published JIDCI~ tWQmtj.me s ~~~ in the COMMERCIAL RECORDER, a daily new8paper of general circulation published at San Antonio, Bexar County, Texas, on the following dates, tc>wit: February 18 92 mm-m-----------mmmmm__mmm____________mm ---- ------------~--xm~m~ D. 19mmm__ ,- . -. . - -. - -~ - ~ - -- ~ --~ - -.-~----~. -~~ -. -.~ ~..__._~...~ ~----- ._------~_.- ----~~ ~- -- ~- ~ - -- -- -- .---- ---~- Publisher of COMMERCIAL RECORDER Subocrlbed cmd -.... to -. .... tIWo_ _!8.tl)~__m Feb"-1l-7~f_ ---,-.19--92___ ~_I&~_~ ~._~.__~0z~~(71--!~ .__.u__ N~i~~Vhp~bii~-iii- ;nd--i~~8e;a;-Cou;ty~-T;;;~~-mmm- "/ J S'6(; OOr f"L.6 ONO)f S8I)f ~,J)f l'fl.r)f PUBLISHER'S AFFIDAVIT COUN1Y OF BEXAR } STATE OF TEXAS I. WLlli.Cl-m. .1:>... . Jol.1.lJ..$Qn ........... ..., Publisher of the COMMERCIAL RECORDER. do solemnly swear that the notice, a printed copy of which is hereto attached. was published <ffi€~li~~~M two. . times Cll!RSeX~~ksdn the COMMERCIAL RECORDER. a daily newspaper of general circulation published at San Antonio, Bexar County, Texas, on the following dates, to-wit: ...... ... ...... ..... .... ... ....... ... ... ..... ..fg~l~;AD1992 p~~isher of COMMERCIAL R~S.OR~E~J Subscribed and sworn to before me, this. .1.0th . d~"". ..Eebruaf Cd& c92, l~0:;/4~. . . . . ;;(J . t. . . . . . . . . . : .~e:~?~:~r.o-- Notary Public in and for Bexar County. Texas.