Franchise Agreement between the City of Pittsburgh and AT&T Cable Services
PREFACE: SUMMARY OVERVIEW OF THE AGREEMENT SECTION 1. GRANT OF FRANCHISE 1.1 Grant of Franchise 1.2 Duration of Franchise 1.3 Approval, Acceptance, and Effective Date 1.4 Effect of Acceptance 1.5 Franchise Not Exclusive 1.6 Relationship to Other Laws SECTION 2. DEFINITION OF TERMS 2.1 Access 2.2 Access Channel 2.3 Actual Cost 2.4 Affiliated Entity 2.5 Basic Service 2.6 Broadcast 2.7 Cable Act 2.8 Cable Communications Ordinance 2.9 Cable Operator 2.10 Cable Services 2.11 Cable System 2.12 Channel 2.13 City 2.14 City Council 2.15 Community Access Network 2.16 Complaint 2.17 Consumer Price Index 2.18 Control 2.19 Demarcation Point 2.20 Document or Records 2.21 Downgrade Charges 2.22 Downstream 2.23 Dwelling Unit 2.24 Educational Access 2.25 FCC 2.26 Fiber Optic 2.27 Franchise 2.28 Franchise Agreement or Agreement 2.29 Franchise Area 2.30 Franchisee 2.31 Government Access 2.32 Franchisee's Pro Rata Share 2.33 Gross Revenues 2.34 Headend 2.35 Initial or Initially 2.36 Interconnect, Interconnected, or Interconnection 2.37 Leased Access Channel 2.38 Liquidated Damages 2.39 Normal business hours 2.40 Normal operating conditions 2.41 Parent Corporation 2.42 PEG Access Channel 2.43 Person 2.44 Plant Mile 2.45 Prior Franchise 2.46 Programming 2.47 Public Access 2.48 Public Rights-of-Way 2.49 School 2.50 Service Interruption 2.51 Subscriber 2.52 System Outage 2.53 System Upgrade or Upgrade 2.54 Tier 2.55 Upstream SECTION 3. SERVICE AREA 3.1 Defined SECTION 4. SYSTEM FACILITIES, EQUIPMENT & SERVICES 4.1 Introduction & System Characteristics 4.2 Current Cable Service 4.3 System Upgrade 4.4 System Architectural Design Review Process 4.5 System Physical Design Review Process 4.6 Construction Manual and Cut-Over Plan 4.7. Post Upgrade Design Modifications 4.8 System Upgrade Schedule 4.9 System Activation Schedule 4.10 Periodic Progress Reporting 4.11 Upgrade to Maintain Technological Currency 4.12 Subscriber Equipment Interface and Control 4.13 Cost Treatment of Upgrade Requirements 4.14 Emergency Alert System 4.15 Non-Discriminatory Access to Cable Modem Platform SECTION 5. INSTITUTIONAL NETWORKS 5.1 Intent 5.2 City Institutional Network 5.3 Senior Community Centers and Recreation Centers 5.4 Community Access Network 5.5 Education Network 5.6 General Franchisee Responsibilities (All Institutional Networks) 5.7 Use SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 1. GRANT OF FRANCHISE 1.1 Grant of Franchise 1.2 Duration of Franchise 1.3 Approval, Acceptance, and Effective Date 1.4 Effect of Acceptance 1.5 Franchise Not Exclusive 1.6 Relationship to Other Laws SECTION 2. DEFINITION OF TERMS 2.1 Access 2.2 Access Channel 2.3 Actual Cost 2.4 Affiliated Entity 2.5 Basic Service 2.6 Broadcast 2.7 Cable Act 2.8 Cable Communications Ordinance 2.9 Cable Operator 2.10 Cable Services 2.11 Cable System 2.12 Channel 2.13 City 2.14 City Council 2.15 Community Access Network 2.16 Complaint 2.17 Consumer Price Index 2.18 Control 2.19 Demarcation Point 2.20 Document or Records 2.21 Downgrade Charges 2.22 Downstream 2.23 Dwelling Unit 2.24 Educational Access 2.25 FCC 2.26 Fiber Optic 2.27 Franchise 2.28 Franchise Agreement or Agreement 2.29 Franchise Area 2.30 Franchisee 2.31 Government Access 2.32 Franchisee's Pro Rata Share 2.33 Gross Revenues 2.34 Headend 2.35 Initial or Initially 2.36 Interconnect, Interconnected, or Interconnection 2.37 Leased Access Channel 2.38 Liquidated Damages 2.39 Normal business hours 2.40 Normal operating conditions 2.41 Parent Corporation 2.42 PEG Access Channel 2.43 Person 2.44 Plant Mile 2.45 Prior Franchise 2.46 Programming 2.47 Public Access 2.48 Public Rights-of-Way 2.49 School 2.50 Service Interruption 2.51 Subscriber 2.52 System Outage 2.53 System Upgrade or Upgrade 2.54 Tier 2.55 Upstream SECTION 3. SERVICE AREA 3.1 Defined SECTION 4. SYSTEM FACILITIES, EQUIPMENT & SERVICES 4.1 Introduction & System Characteristics 4.2 Current Cable Service 4.3 System Upgrade 4.4 System Architectural Design Review Process 4.5 System Physical Design Review Process 4.6 Construction Manual and Cut-Over Plan 4.7. Post Upgrade Design Modifications 4.8 System Upgrade Schedule 4.9 System Activation Schedule 4.10 Periodic Progress Reporting 4.11 Upgrade to Maintain Technological Currency 4.12 Subscriber Equipment Interface and Control 4.13 Cost Treatment of Upgrade Requirements 4.14 Emergency Alert System 4.15 Non-Discriminatory Access to Cable Modem Platform SECTION 5. INSTITUTIONAL NETWORKS 5.1 Intent 5.2 City Institutional Network 5.3 Senior Community Centers and Recreation Centers 5.4 Community Access Network 5.5 Education Network 5.6 General Franchisee Responsibilities (All Institutional Networks) 5.7 Use SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
1.1 Grant of Franchise 1.2 Duration of Franchise 1.3 Approval, Acceptance, and Effective Date 1.4 Effect of Acceptance 1.5 Franchise Not Exclusive 1.6 Relationship to Other Laws SECTION 2. DEFINITION OF TERMS 2.1 Access 2.2 Access Channel 2.3 Actual Cost 2.4 Affiliated Entity 2.5 Basic Service 2.6 Broadcast 2.7 Cable Act 2.8 Cable Communications Ordinance 2.9 Cable Operator 2.10 Cable Services 2.11 Cable System 2.12 Channel 2.13 City 2.14 City Council 2.15 Community Access Network 2.16 Complaint 2.17 Consumer Price Index 2.18 Control 2.19 Demarcation Point 2.20 Document or Records 2.21 Downgrade Charges 2.22 Downstream 2.23 Dwelling Unit 2.24 Educational Access 2.25 FCC 2.26 Fiber Optic 2.27 Franchise 2.28 Franchise Agreement or Agreement 2.29 Franchise Area 2.30 Franchisee 2.31 Government Access 2.32 Franchisee's Pro Rata Share 2.33 Gross Revenues 2.34 Headend 2.35 Initial or Initially 2.36 Interconnect, Interconnected, or Interconnection 2.37 Leased Access Channel 2.38 Liquidated Damages 2.39 Normal business hours 2.40 Normal operating conditions 2.41 Parent Corporation 2.42 PEG Access Channel 2.43 Person 2.44 Plant Mile 2.45 Prior Franchise 2.46 Programming 2.47 Public Access 2.48 Public Rights-of-Way 2.49 School 2.50 Service Interruption 2.51 Subscriber 2.52 System Outage 2.53 System Upgrade or Upgrade 2.54 Tier 2.55 Upstream SECTION 3. SERVICE AREA 3.1 Defined SECTION 4. SYSTEM FACILITIES, EQUIPMENT & SERVICES 4.1 Introduction & System Characteristics 4.2 Current Cable Service 4.3 System Upgrade 4.4 System Architectural Design Review Process 4.5 System Physical Design Review Process 4.6 Construction Manual and Cut-Over Plan 4.7. Post Upgrade Design Modifications 4.8 System Upgrade Schedule 4.9 System Activation Schedule 4.10 Periodic Progress Reporting 4.11 Upgrade to Maintain Technological Currency 4.12 Subscriber Equipment Interface and Control 4.13 Cost Treatment of Upgrade Requirements 4.14 Emergency Alert System 4.15 Non-Discriminatory Access to Cable Modem Platform SECTION 5. INSTITUTIONAL NETWORKS 5.1 Intent 5.2 City Institutional Network 5.3 Senior Community Centers and Recreation Centers 5.4 Community Access Network 5.5 Education Network 5.6 General Franchisee Responsibilities (All Institutional Networks) 5.7 Use SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 2. DEFINITION OF TERMS 2.1 Access 2.2 Access Channel 2.3 Actual Cost 2.4 Affiliated Entity 2.5 Basic Service 2.6 Broadcast 2.7 Cable Act 2.8 Cable Communications Ordinance 2.9 Cable Operator 2.10 Cable Services 2.11 Cable System 2.12 Channel 2.13 City 2.14 City Council 2.15 Community Access Network 2.16 Complaint 2.17 Consumer Price Index 2.18 Control 2.19 Demarcation Point 2.20 Document or Records 2.21 Downgrade Charges 2.22 Downstream 2.23 Dwelling Unit 2.24 Educational Access 2.25 FCC 2.26 Fiber Optic 2.27 Franchise 2.28 Franchise Agreement or Agreement 2.29 Franchise Area 2.30 Franchisee 2.31 Government Access 2.32 Franchisee's Pro Rata Share 2.33 Gross Revenues 2.34 Headend 2.35 Initial or Initially 2.36 Interconnect, Interconnected, or Interconnection 2.37 Leased Access Channel 2.38 Liquidated Damages 2.39 Normal business hours 2.40 Normal operating conditions 2.41 Parent Corporation 2.42 PEG Access Channel 2.43 Person 2.44 Plant Mile 2.45 Prior Franchise 2.46 Programming 2.47 Public Access 2.48 Public Rights-of-Way 2.49 School 2.50 Service Interruption 2.51 Subscriber 2.52 System Outage 2.53 System Upgrade or Upgrade 2.54 Tier 2.55 Upstream SECTION 3. SERVICE AREA 3.1 Defined SECTION 4. SYSTEM FACILITIES, EQUIPMENT & SERVICES 4.1 Introduction & System Characteristics 4.2 Current Cable Service 4.3 System Upgrade 4.4 System Architectural Design Review Process 4.5 System Physical Design Review Process 4.6 Construction Manual and Cut-Over Plan 4.7. Post Upgrade Design Modifications 4.8 System Upgrade Schedule 4.9 System Activation Schedule 4.10 Periodic Progress Reporting 4.11 Upgrade to Maintain Technological Currency 4.12 Subscriber Equipment Interface and Control 4.13 Cost Treatment of Upgrade Requirements 4.14 Emergency Alert System 4.15 Non-Discriminatory Access to Cable Modem Platform SECTION 5. INSTITUTIONAL NETWORKS 5.1 Intent 5.2 City Institutional Network 5.3 Senior Community Centers and Recreation Centers 5.4 Community Access Network 5.5 Education Network 5.6 General Franchisee Responsibilities (All Institutional Networks) 5.7 Use SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
2.1 Access 2.2 Access Channel 2.3 Actual Cost 2.4 Affiliated Entity 2.5 Basic Service 2.6 Broadcast 2.7 Cable Act 2.8 Cable Communications Ordinance 2.9 Cable Operator 2.10 Cable Services 2.11 Cable System 2.12 Channel 2.13 City 2.14 City Council 2.15 Community Access Network 2.16 Complaint 2.17 Consumer Price Index 2.18 Control 2.19 Demarcation Point 2.20 Document or Records 2.21 Downgrade Charges 2.22 Downstream 2.23 Dwelling Unit 2.24 Educational Access 2.25 FCC 2.26 Fiber Optic 2.27 Franchise 2.28 Franchise Agreement or Agreement 2.29 Franchise Area 2.30 Franchisee 2.31 Government Access 2.32 Franchisee's Pro Rata Share 2.33 Gross Revenues 2.34 Headend 2.35 Initial or Initially 2.36 Interconnect, Interconnected, or Interconnection 2.37 Leased Access Channel 2.38 Liquidated Damages 2.39 Normal business hours 2.40 Normal operating conditions 2.41 Parent Corporation 2.42 PEG Access Channel 2.43 Person 2.44 Plant Mile 2.45 Prior Franchise 2.46 Programming 2.47 Public Access 2.48 Public Rights-of-Way 2.49 School 2.50 Service Interruption 2.51 Subscriber 2.52 System Outage 2.53 System Upgrade or Upgrade 2.54 Tier 2.55 Upstream SECTION 3. SERVICE AREA 3.1 Defined SECTION 4. SYSTEM FACILITIES, EQUIPMENT & SERVICES 4.1 Introduction & System Characteristics 4.2 Current Cable Service 4.3 System Upgrade 4.4 System Architectural Design Review Process 4.5 System Physical Design Review Process 4.6 Construction Manual and Cut-Over Plan 4.7. Post Upgrade Design Modifications 4.8 System Upgrade Schedule 4.9 System Activation Schedule 4.10 Periodic Progress Reporting 4.11 Upgrade to Maintain Technological Currency 4.12 Subscriber Equipment Interface and Control 4.13 Cost Treatment of Upgrade Requirements 4.14 Emergency Alert System 4.15 Non-Discriminatory Access to Cable Modem Platform SECTION 5. INSTITUTIONAL NETWORKS 5.1 Intent 5.2 City Institutional Network 5.3 Senior Community Centers and Recreation Centers 5.4 Community Access Network 5.5 Education Network 5.6 General Franchisee Responsibilities (All Institutional Networks) 5.7 Use SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 3. SERVICE AREA 3.1 Defined SECTION 4. SYSTEM FACILITIES, EQUIPMENT & SERVICES 4.1 Introduction & System Characteristics 4.2 Current Cable Service 4.3 System Upgrade 4.4 System Architectural Design Review Process 4.5 System Physical Design Review Process 4.6 Construction Manual and Cut-Over Plan 4.7. Post Upgrade Design Modifications 4.8 System Upgrade Schedule 4.9 System Activation Schedule 4.10 Periodic Progress Reporting 4.11 Upgrade to Maintain Technological Currency 4.12 Subscriber Equipment Interface and Control 4.13 Cost Treatment of Upgrade Requirements 4.14 Emergency Alert System 4.15 Non-Discriminatory Access to Cable Modem Platform SECTION 5. INSTITUTIONAL NETWORKS 5.1 Intent 5.2 City Institutional Network 5.3 Senior Community Centers and Recreation Centers 5.4 Community Access Network 5.5 Education Network 5.6 General Franchisee Responsibilities (All Institutional Networks) 5.7 Use SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
3.1 Defined SECTION 4. SYSTEM FACILITIES, EQUIPMENT & SERVICES 4.1 Introduction & System Characteristics 4.2 Current Cable Service 4.3 System Upgrade 4.4 System Architectural Design Review Process 4.5 System Physical Design Review Process 4.6 Construction Manual and Cut-Over Plan 4.7. Post Upgrade Design Modifications 4.8 System Upgrade Schedule 4.9 System Activation Schedule 4.10 Periodic Progress Reporting 4.11 Upgrade to Maintain Technological Currency 4.12 Subscriber Equipment Interface and Control 4.13 Cost Treatment of Upgrade Requirements 4.14 Emergency Alert System 4.15 Non-Discriminatory Access to Cable Modem Platform SECTION 5. INSTITUTIONAL NETWORKS 5.1 Intent 5.2 City Institutional Network 5.3 Senior Community Centers and Recreation Centers 5.4 Community Access Network 5.5 Education Network 5.6 General Franchisee Responsibilities (All Institutional Networks) 5.7 Use SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 4. SYSTEM FACILITIES, EQUIPMENT & SERVICES 4.1 Introduction & System Characteristics 4.2 Current Cable Service 4.3 System Upgrade 4.4 System Architectural Design Review Process 4.5 System Physical Design Review Process 4.6 Construction Manual and Cut-Over Plan 4.7. Post Upgrade Design Modifications 4.8 System Upgrade Schedule 4.9 System Activation Schedule 4.10 Periodic Progress Reporting 4.11 Upgrade to Maintain Technological Currency 4.12 Subscriber Equipment Interface and Control 4.13 Cost Treatment of Upgrade Requirements 4.14 Emergency Alert System 4.15 Non-Discriminatory Access to Cable Modem Platform SECTION 5. INSTITUTIONAL NETWORKS 5.1 Intent 5.2 City Institutional Network 5.3 Senior Community Centers and Recreation Centers 5.4 Community Access Network 5.5 Education Network 5.6 General Franchisee Responsibilities (All Institutional Networks) 5.7 Use SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
4.1 Introduction & System Characteristics 4.2 Current Cable Service 4.3 System Upgrade 4.4 System Architectural Design Review Process 4.5 System Physical Design Review Process 4.6 Construction Manual and Cut-Over Plan 4.7. Post Upgrade Design Modifications 4.8 System Upgrade Schedule 4.9 System Activation Schedule 4.10 Periodic Progress Reporting 4.11 Upgrade to Maintain Technological Currency 4.12 Subscriber Equipment Interface and Control 4.13 Cost Treatment of Upgrade Requirements 4.14 Emergency Alert System 4.15 Non-Discriminatory Access to Cable Modem Platform SECTION 5. INSTITUTIONAL NETWORKS 5.1 Intent 5.2 City Institutional Network 5.3 Senior Community Centers and Recreation Centers 5.4 Community Access Network 5.5 Education Network 5.6 General Franchisee Responsibilities (All Institutional Networks) 5.7 Use SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 5. INSTITUTIONAL NETWORKS 5.1 Intent 5.2 City Institutional Network 5.3 Senior Community Centers and Recreation Centers 5.4 Community Access Network 5.5 Education Network 5.6 General Franchisee Responsibilities (All Institutional Networks) 5.7 Use SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
5.1 Intent 5.2 City Institutional Network 5.3 Senior Community Centers and Recreation Centers 5.4 Community Access Network 5.5 Education Network 5.6 General Franchisee Responsibilities (All Institutional Networks) 5.7 Use SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 6. PROGRAMMING & CHANNEL CAPACITY 6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
6.1 Franchisee Compliance 6.2 Expanded Programming and Channel Capacity 6.3 Maintenance of Existing Conditions 6.4 Periodic Subscriber Assessmen 6.5 Deletion or Reduction of Programming Categories. 6.6 Obscenity 6.7 Parental Control Device 6.8 Leased Access Channels SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 7. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL USE 7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
7.1 Access Channels 7.2 Funding for Access Equipment and Facilities 7.3 Return Feed From Facilities 7.4 Management of Channels 7.5 Editorial Control 7.6 Indemnification By PEG Programming Producers and Users 7.7 Cable Service to Certain Facilities SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 8. INSTALLATION, CONSTRUCTION, MAINTENANCE & COMMENCEMENT OF OPERATION UPGRADE & EXTENSION PROJECT SPECIFICATIONS 8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
UPGRADE & EXTENSION PROJECT SPECIFICATIONS
8.1 General 8.2 Cable System Upgrade Timeframe 8.3 Construction Plan and Practices Submittals CONSTRUCTION & SAFETY STANDARDS 8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
CONSTRUCTION & SAFETY STANDARDS
8.4 Compliance With Construction and Safety Standards 8.5 Professional Standards 8.6 Quality of Service During Upgrade 8.7 Construction and Work Permits, Licenses and Permission 8.8 Construction Area Safety and Clean Up 8.9 Component and System Tests, Records and Test Points COMMENCEMENT OF OPERATIONS; MAINTENANCE 8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
COMMENCEMENT OF OPERATIONS; MAINTENANCE
8.10 Service Cutover Process 8.11 Service Connections 8.12 Construction and Safety Standards 8.13 Network Monitoring and Repair 8.14 Routine Maintenance 8.15 Performance Testing 8.16 Year 2000 Compliance SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 9 RIGHTS-OF-WAY 9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
9.1 Location 9.2 Restoration of Property 9.3 Maintenance and Workmanship 9.4 Acquisition of Facilities 9.5 Reservation of City's Rights in the Public Rights-of-Way 9.6 Reservation of Rights and Privileges 9.7 Emergencies 9.8 Street Vacation 9.9 Discontinuing Use of Cable System Facilities 9.10 Hazardous Substances 9.11 Undergrounding of Cable 9.12 Construction Codes 9.13 Construction and Use of Poles 9.14 Tree Trimming 9.15 Failure to Perform SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 10. LOCAL REGULATORY FRAMEWORK 10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
10.1 Cable Communications Legislation 10.2 Resolution of Disputes 10.3 Review of FCC Reports SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 11. CUSTOMER SERVICE 11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
11.1 General Provisions 11.2 Office Hours and Telephone Availability 11.3 Installations & Connections 11.4 Subscriber Service Calls; Scheduling & Completing Service 11.5 Communications Between Franchisee and Subscribers 11.6 Subscriber Rights SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 12. PRIVACY 12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
12.1 General 12.2 Subscriber Complaints 12.3 Monitoring 12.4 Third Party Information 12.5 Subscriber Information SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 13. INDEMNIFICATION, INSURANCE, BONDING & SURETY 13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
13.1 Indemnification 13.2 Insurance 13.3 Workers Compensation 13.4 Construction Performance Bond 13.5 Security Fund/Letter of Credit SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 14. RATE REGULATION 14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
14.1 All Rights Reserved 14.2 Filing of Rates and Charges 14.3 Changes in Rates and Charges 14.4 Downgrade Charges 14.5 Reserved City Authority SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 15. COMPENSATION & AUDITING 15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
15.1 Franchise Fee 15.2 Increase in Franchise Fee 15.3 Effect of Additional Commitments on Franchise Fees 15.4 Payments and Quarterly Franchise Fee Reports 15.5 Late Payments 15.6 Acceptance of Payment and Recompilation 15.7 Audits 15.8 No Limitation on Taxing Authority SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 16. TRANSFERS AND ASSIGNMENTS 16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
16.1 Prior Consent of City 16.2 Change in Control 16.3 Costs to be Borne By Franchisee SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 17. RECORDS AND ANNUAL REPORTS 17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
17.1 Open Records 17.2 Annual Reports 17.3 Quarterly Customer Complaint Reports 17.4 Governmental Reports 17.5 Reports of Regulatory Violations SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 18. REMEDIES FOR NON-COMPLIANCE 18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
18.1 Termination 18.2 Liquidated Damages 18.3 Relationship of Remedies 18.4 Non-Waiver 18.5 Cost Treatment of Fines, Liquidated Damages SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 19. REOPENERS 19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
19.1 Grounds 19.2 Procedure SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
SECTION 20. OTHER PROVISIONS 20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
20.1 Compliance With Laws 20.2 Non-Discrimination 20.3 Minority and Women's Business Enterprises 20.4 Dispute Resolution 20.5 Severability 20.6 No Recourse Against City 20.7 Action by Agencies or Courts 20.8 Other Cable Franchises 20.9 Jurisdiction/Venue 20.10 Force Majeure 20.11 Procedure Upon Termination of the Franchise 20.12 Notice 20.13 Captions 20.14 Further Assurances 20.15 Entire Agreement EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
EXHIBIT ONE: CITY OF PITTSBURGH NETWORK SITES EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
EXHIBIT TWO: ACCESS CHANNEL FUNDING SCHEDULE
[ Sec 1-4 ] [ Sec 5-8 ] [ Sec 9-12 ] [ Sec 13-16 ] [ Sec 17-20 ] [ Exhibit 1 ] [ Exhibit 2]
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