180 Franchise for Livingston Oil Company
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ORDINANCE # 180 ~ rJY- oJ" /
y~~ ;r([
BY THE COUNCIL: SKIVER, BODINE, ELLIS AND .rAVARRO . ~ ,.- J-:-
AN ORDINANCE GRANTING TO THE LIVINGSTON OIL COMPANY, THROUGH ITS GENERAL COMMUNI~
CATIONS AND ENTERTAINMENT ae~ANl DIVISION, TULSA, OKLAH0MA, A FRANCHISE TO OPERATE
AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF MERIDIAN, FOR
THE PURPOSE OF INTERCEPTION, SALE AND DISTRIBUTION OF TELEVISION AND RADIO SIGNALS
TO THE- INHABITANTS OF SAID CITY: IMPOSING COMPLIANCE WITH APPLICABLE LAWS AND
ORDINANCES; AUTHORIZING A GRANT OF AUTHORITY; PROVIDING THAT SAID FRANCHISE SHALL
BE A NON-EXCLUSIVE GRANT; CREATING THE TREASURE VALLEY CATV COMMITTEE; SPECIFY-
ING GRANTEE RULES AND SERVICE STANDARDS; PROVIDING FOR CITY RIGHTS IN SAID FRANCHISE;
SPECIFYING CONDITIONS ON STREET OCCUPANCY AND USE; PROVIDING FOR THE ERECTION,
REMOVAL AND COMMON USER OF POLES; SPECIFYING PAYMENTS TO SAID CITY; PROVIDING FOR
RATES AND FEES OF SUBSCRIBERS; SPECIFYING ANNUAL FINANCIAL REPORT AND RATE REVIEW;
PRESCRIBING THAT PREFERENTIAL OR DISCRIMINATORY PRACTICES BE PROHIBITED; REQUIRING
COMPANY LIABILITY AND INDEMNIFICATION; REQUIRING THAT A FAITHFUL PERFORMANCE BOND
BE GIVEN; SETTING FORTH OPERATIONAL STANDJUIDS. SPECIFYING CONSTRUCTION COMPLETION
AND PENALTY THEREFORE: SETTING FORTH AN EXTENSION POLICY; REQUIRING SERVICE TO
SCHOOLS; SPECIFYING THE DURATION AND CONDITIONS FOR THE ACCEPTANCE OF FRANCHISE,
PROVIDING FOR LIMITATIONS OF SAID FRANCHISE; PROVIDING FOR SEPARABILITY; SETTING
FORTH MISCELLANEOUS PROVISIONS; AND THE REQUIREMENT FOR PAYMENT OF PUBLICATION COSTS.
Section 1. Definitions: For the purposes of this Ordinance, the following
terms, phrases, words and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present tense include the
future tense, words in the plural include the singular and words in the singular
include the plural. The word "shall" is always mandatory and not directory.
(1) "City": The City above named, a municipal corporation of the State of
Idaho, in its present incorporated form or in any other reorganized, consolidated
changed form.
(2) "Council": The present governing body of the City or any future body
constituting the legislative body of the City.
(3) "Grantee": The person, firm or corporation to whom or to which a fran-
chise under this ordinance is granted by the Council, and the lawful successor or
assignee of said person, firm or corporation.
(4) "Street": The surface of, and the space above and below, any public
street, road, highway, freeway, lane, alley, court, sidewalk, parkway drive or
other public property, hereafter existing as such within the City.
(5) "Community Antenna Television System": Hereinafter referred to as "CATV
System" or "System" shall mep a system of antennae, coaxial cables, wave guides
or other conductors, equipment of facilities designed, constructed or used for the
purpose of providing television, F.M. radio, or other services by ~able through
its facilities as herein contemplated. CATV shall not mean or include the trans-
mission of any-special program or event for which a-;;parate and distinct charge
is made to the subscriber in the manner commonly known and referred to as
"pay television."
(6) "Subscriber": Any person or entity receiving for any prupose the CATV
service of the Grantee herein.
(7) "Committee": The Treasure Valley CATV Committee as provided herein by
Section 4.
Section 2. Grant of Authority: There is hereby granted by the City of
Meridian, State of Idaho, to the Livingston Oil Company, through its General
Communications and Entertainment Co.pany Division, whose principal place of business
is Tulsa, Oklahoma, its successors and assigns hereinafter referred to as Grantee,
the right and privilege to construct, operate and maintain a community antenna
television system within the City for the distribution of television signals,
F.M. Radio, or other services by cable approved for recommendation by the Committee,
subject to the terms, conditions -and provisioas contained herein.
"
Section 3. Non-exclusive Grant: The right to use and occupy the streets,
alleys, public ways and places for the purposes herein set forth shall not be
exclusive, and thElCity reserves_the right to grant a similar use of said streets,
alleys, _public ways and places, to any person, firm or corporation at any time dur-
ing the period of this franchise.
Section 4. Treasure Valley C.A.T.V. Committee Authorization: Recognition
of the TV-CATV Committee, its powers and responsibility, to negotiate and recommend
as set forth in that certain agreement creating said Committee and to which the
City of Meridian, and the Grantee are signatory, is hereby acknowledged and the
duly appointed representatives of the City of Meridian, are authorized to act for
and on behalf of the City pursuant to the terms, provisions and conditions of said
agreement.
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Section 5. Grantee Rules: The Grantee shall have the authority to promulgate
such rules, regulations, te~ms and conditions governing the conduct of its business
as shall be reasonably necessary to enable said Grantee to exercise its rights and
perform its obligations under this franchise and to assure uninterrupted service to
each and all of its customers. -Provid~d however, that such rules, regulations,
terms and conditions shall not be in conflict with the provisions hereof, the rules
of the Federal Communications Commission or the laws of the State of Idaho.
Section 6. Service St~ndards: The Grantee shall maintain and operate its
system and render efficient service.in accordance with such rules and regulations
as ~e, or may be hereinafter promulgated by the Councilor by the Federal Communi-
cations Commission. Whenever it is necessary to interrupt service for the purpose
of making repairs, adjustments or installations, the Grantee shall do so at such
time as will cause the least amount of inconvenience to its customers, and unless
such interruption is unforeseen and immediately necessary, it shall give reasonable
notice thereof to its customers.
Section 7. City Rights in Franchise:
(1) City Rules. The Grantee shall at all times during the life of this
franchise, be subject to lawful exercise of the police power of the City and to
such reasonable protection as the City may hereafter by resolution or ordinance
provide.
(2) Use of System by City. The City shall have the right without cost, to
make attachments to poles owned and used by the Grantee in connection with its fire
or police signal systems or other city use~ such attachments to be installed and
maintained in accordance with the requirements of the National Electrical Safety
Code and only after written notice to the Grantee; provided however, that the Grantee
shall assume no liability or expense in connection therewith, and provided further,
that the City's use thereof shall be in such a manner as not to interfere with
the community antenna television operations of the Grantee. In case,of any emergency
or disaster, the Grantee shall, upon request of the City Council, make available
its facilities to the City for emergency use.
(a) Compliance with Grantee Rules. The City in its use and maintenance of
such wires and fixtures, shall at all times comply with the rules and regulations
of the Grantee in order that there be a minimum danger of contact or conflict between
the wires and fixtures of the Grantee and the wires and fixtures used by the City.
(b) Liability. The City shall be solely responsible and save the Grantee
harmless for all claims and demands for damages to persons or property arising out
of the construction, maintenance, rearrangement or removal of poles,wires,fixtures,
or other facilities authorized by this section.
(c) Inspection of Property and Records. At all times during construction and
at all reasonable times thereafter, the Grantee shall permit any duly authorized
representative of the Committee and/or the City to examine all property of the
Grantee situated within or without the City and to examine and transcribe any and
all maps and other records kept and maintained by the Grantee.
Section 8. Conditions on Street Occupancy-Use:
(1) Use. All transmission and distribution structures, lines and equipment
erected by the Grantee within the City shall be so located as to cause minimum
interference with the proper use of streets, alleys -and other public ways and
places, and to cause minimum interference with the rights or reasonable convenience
of property owners who adjoin any of the said streets, alleys or other public ways
and places, and not to interfere with existing public utility installations. In
all areas of the City where the cables, wires or other like facilities of public
utilities are placed underground, the Grantee shall place its cables, wires, or
other like facilities underground to the maximum extent existing technology
reasonably permits. The Grantee shall furnish to and file with the City,- maps,
plats and permanent records of the location and character of all facilities con-
structed, including underground facilities.
(2) Restoration. In case of any disturbance of pavement, sidewalk, driveway
or other surfacing, the Grantee shall, at its own expense, and in the manner
provided by the City, replace and restore all paving, sidewalk, driveway or other
surface of any street or alley disturbed.
(3) Relocations. If at any time during the period of this franchise the
City shall lawfully elect to alter, or change the location of any street, alley or
other public way, the Grantee shall upon reasonable notice by the City, remove,
relay and relocate its poles, wires, cables-, underground conduits, manholes and
other fixtures at its own expense, and in each instance comply with the require-
ments of the City.
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(4) Placement of Fixtures. The Grantee shall not place poles, conduits, or
other fixtures above or below ground where the same will interfere with any gas,
electric, telephone fixture, water hydrant or other utility, and all such poles,
conduits or other fixtures placed in any street shall be so placed as to comply with
all requirements of the City.
(5) Temporary Removal of Wire and/or Fixtures for Buildin~ Movin~. The
Grantee shall, on request of any person holding a moving permit issued by the City,
temporarily move its wires or fixtures to permit the moving of buildings, the
expense of such temporary removal, to be paid by the person requesting the same,
and the Grantee shall be given not less than forty-eight (48) hours advance notice
to arrange for such temporary changes.
(6) Tree Trimming. The Grantee shall have authority to trim any trees upon
and overhanging the streets, alleys, sidewalks, public places of the City so as to
prevent the branches of such trees from coming in contact with the wires and cables
of the Grantee, except that at the option of the City, such trimming may be done by
it, or under its supervision and direction, at the expense and liability of the
Grantee. .'
Section 9. Erection, Removal and Common User of Poles:
(1) No poles or other wire-holding structures shall be erected by the Grantee
without prior approval of the City wit~ regard to location, height, type and other
pertinent aspects. However, location of any pole or wire-holding structure of the
Grantee shall not be a vested interest and such poles or structures shall be
removed or modified by the Grantee at its own expense whenever the City determines
that public oonvenience would be enhanced thereby.
(2) Where poles of other wire-holding structures of any public utility
co~pany are available for use by the Grantee, the City may require the Grantee to
use such poles and structures if the permission and consent of such public utility
company may be'obtained by the Grantee and if the terms of the use available to
the Grantee are just and reasonable, all to be done in conformance with the rules,
regulations and requirements of the Public Utility Commiosion of the State of
Idaho and the City.
(3) Where a public utility serving the City desires to make use of the poles
or other wire-holding structures of the Grantee, but agreement therefor with the
Grantee cannot be reached, the City may require the Grantee to permit such use
for suc~ consideration and upon such terms as the Council shall determine to be just
:and reasonable, if the use will enhance the public convenience and if it would
not unduly interfere with the Grantee's operation.
(4) Where City owned utility poles are available for use of the Grantee, the
Grantee shall pay the City the samepole rental per annum as paid by the Grantee
for the use of poles owned by other public utilities.
Section 10. Pafments to the City: The Grantee shall pay to the City annually
and within sixty (60 days after the end of each period for which this franchise is
granted, an amount equal to a percentage of gross income from subscribers residing
in the City as follows:
4% for the first two years of operation;
3% for the next three years of operation.
The franchise rate is to be renegotiated by the Committee at the expiration
of each five (5) year period during the effective term of this franchise or any
extension thereof.
Section 11. Rates and Fees of Subscribers: Grantee shall be permitted to
charge the following rates and fees for its services:
Residential
1st Outlet-installation charge
Monthly Service charge
Each additional outlet-installation charge
Monthly service charge (Each additional
FM installation charge
Reconnect charge
Move outlet-same room
Move outlet-different room
Change of address charge
Commercial
1st Outlet-installation charge
Monthly service charge
Each additional set installation
" 0 --~ ~ /$9.95 *
~~. ~ 6 'r 4.50 **
7.60
set) ~ f .60
! 5/,3 ~:~
11/ 3.50
7.50
3.50
9.95
4.50
at grantee's cost
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Each additional set-month charge (apartments)
Each additional set-monthly charge (motels)
* Free installation and one month free
service to be offered to customers who
subscribe during the construction period.
*. When necessary, $ .75 per month additional
to be charged until the cost of the converter
has been amortized. Converter then becomes the
property of the subscriber.
The above rate and fee schedule shall be maintained at the same rate and
fee set forth herein until more than four (t) outside, independent signals are
authorized by the Federal Communications Commission. When the Federal Communi-
cations Commission authorizes other independent signals for transmission by
Grantee, in excess of four(4), Grantee has the option to increase its rate in
the monthly service charge only in residential and commercial categories of 1.66%
for each independent station authorized, up to a total maximum of six(6) new,
independent stations.
$2.50
.75
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Section 12. Annual Financial Report and Rate Review:
On or before April 15 of each calendar year during the term of this franchise
the Grantee shall file with the City an audited financial statement of its
operations during the preceeding year. Such statement shall be prepared in
conformance with generally accepted atcounting practices by a licensed certified
public accountant of the State of Idaho, and shall be sufficient in detail to
permit a determination by the committee that the rates and charges are fair and
reasonable. The committee will"recommend increases or reductions in the Grantee's
rates and charges after examination of the first quintennial financial statement
and annually thereafter.
Section 13. Preferential or Discriminatory Practices:Prohibited: The
Grantee shall not, as to rates, charges, service facilities, rules, regulations,
_or in any other respect, make or grant any preference or advantage to any person,
nor subject any person to any prejudice or disadvantage, provided, that nothing
in this franchise shall be deemed to prohibit the establishment of a graduated
scale of charges and classified rate schedule to which any customer coming within
such classification would be entitled.
Section 14. Company Liability-Indemnification: It is expressly understood
and agr~ed by and between the Grantee and the City that the Grantee shall save the
City harmless from all loss sustained by the City by reason of any suit, judgment,
execution, claim, or demand resulting from the construction, operation or main-
tenance by the Grantee of its television system in the City. The Grantee shall,
con~urrently wit~ the filing of an acceptance of award of the franchise granted
under this ordinance, file with the City Clerk and at all times thereafter
maintain in full force and effect for the term of such franchise or renewal
thereof, at Granteets sole expense, a general comprehensive liabi~ity insurance
policy, in protection of the City, its officers, boards, commissions, agents, and
employees, in a company authorized to do business in the State of Idaho, and in a
form satisfactory to the City Attorney, protecting the City and all persons against
liability for loss or damage for personal injury, death and property damage,
occasioned by the operations of Grantee under such franchise in the minimum ~mount
of: $250,000.00 for property damage ot anyone person.
$500,000.00 for property damage in anyone occurrence.
$500,000.00 for personal injury to anyone person.
$1,000,000.00 for personal injury in anyone occurrence, I.
Section 15. Faithful performance Bond: Upon the commencement of construction,
the Grantee shall provide a construction performance bond that will faithfully
guarantee the payment of all labor and material costs incurred by it or its
subcontractors during construction of the system. The performance bond will be
issued by a company licensed to do business in the State of Idaho and in a form
approved by the City Attorney. In addition, the Grantee shall maintain through-
out the term of this franchise, a corporate surety bond issued by a company
licensed to do business in the State of Idaho and in a form approved by the City
Attorney in the principal sum of $5,000.00, naming the City as an insured. The
surety bond shall guarantee performance of each term and condition of this franchise
contract and in the event of any breach of condition of the bond, the amount
thereof shall'berecoverable from the principal by the City for all damages
resulting from failure of Grantee to well and faithfully perform and observe any
provision of this franchise.
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Section 16. Operational Standards: The CATV System shall be installed and
maintained in accordanoe with the highest and best standards of the industry to the
end that subscribers shall receive the best servioe possible. In determin~ng the
satisfactory extent of such standards the following shall be considered.
(a) The system, as installed, shall be capable of passing the entire VHF and
FM spectrum, and it shall have the further capability of converting UHF for distri-
bution to subscribers on the VHF band, and the capability of carrying all subchannels.
(b) The system, as installed, shall be capable of passing standard color
TV signals without the introduction of material degradation of color fidelity and
intelligence.
(c) The system shall provide a signal level of 2000 microvolts measured
across 75 ohms at the input terminals of each TV receiver outlet.
(d) The system signal-to-noise ratio shall not be less than 46 decibels.
(e) Hum modulation of the picture signal shall be less than 3%.
(f) The system shall use components having a VSWR of 1.4 or less.
COMMUNITY ANTENNA TELEVISION SYSTEM SPECIFICATIONS
I. GENERAL
The specifications as defined herein shall cover the electronic equipment,
power supplies, controls, fittings, splitters and directional couplers ~s may be
required to complete the system with respect to the electronix and passive devises
requ:Lred.
. All Electronic equipment and passive devices utilized in the system shall be
supplied with complete operating instructions and circuit diagrams.
The transmission and distribution system is to be so engineered as to provide
for the distribution of all television signals on very high frequency on channels
2 through 13 and also haa the ability to distribute FM radio signals in the frequency
range of 88 to 108 megacycles.
II. SYSTEM CAPABILITIES
The system shall be capable of delivering all NTSC color and monoc~ome signals
to standard EIA television receivers both monochrome and color and FM receivers
without modifications or other attachments.
The system shall-be designed and rated for continuous 24-hour daily operation
under temperature ranges encountered in the area.
All components shall have an impedance of 75 ohms and this shall include all
coaxial cable 'connectors.
The eleotronic equipment in the trunk line shall utilize thermatic equalizers
in conjunction with this equipment. - Such equalizers are to provide compensation
for the effects of temperature variation of the coaxial cables. The recommended
specification for the distance of thermatic equalizers shall be approximately
every 54 db of trunk line system.
Automatic level control circuitry shall be provided in the trunk line
electronic system. (AGC locations approximately every third amplifier location.)
All coaxial. cable connectors shall be of the solderless type with a nominal
impedance of 75 ohms. All connectors to be used with aluminum sheathed cables
shall be designed to prevent corrosion caused by mating of dissimilar metals.
All 110 VAC power locations shall be protected by lightning protectors which
are self-healing and circuit breakers for protection of the equipment from damage
due to overload. Each 110 VAC power location shall be equipped with a suitable
RF power line filter.
Fusing of the equipment shall not be dependent on fuses of a given type having
other than average characteristics for the type. Fuses shall be easily replaceable
and shall be mounted in ~ convenient location bo insure a minimum service requirement.
III. WEATHERENCLOSURES
All Electronic equipment shall be protected against the weather by a weather-
proof housing suitable for messenger or crossarm mounting.
Each housing shall be constructed of aluminum or of other suitable corrosion
resistant material.
IV. EQUIPMENT CAPABILITIES
The system design and the signal-to-noise ratio of the individual trunk line
amplifiers shall be such that the signal-to-noise ratio as measured between any
two points in the system on the trunk line utilizing a model 704-B Field Strength
Meter shall be not less than 46 db.
The hum modulation of the picture signal observed at any point throughout the
system shall be less than 3%.
Cross channel inter-modulation components shall be such that no visible
components shall appear on a blank white screen on any channel of the system with
all other channels operating with modulation of their rated levels.
as
The echo or ghost content in the received picture over the transportation
system shall be no more annoying than a single well displaced video echo 30 db down.
The ec~o response of_the feeder lines shall be 20 db minimum without any taps on the
line.
The peak-to-valley response of any individual trunk line amplifier shall not
be more than plus or minus 1/4 lb. per unit. This specification applies across
any 6 me segment of the TV band.
The frequency response of the overall trunk line shall not vary more than
plus or minur 1.5 db in any 6 megacycle segment of the TV channels 2 to 6 and 7 to 13.
A minimum level of 25 dbj shall be maintained at the end of all feeder lines.
This level is to be computed using an attenuation factor of 1.6 db p~r 100' of
cable at channel 13 with ambient temperature of 70 degrees F. This decibel level
shall be measured without any taps on the line. 0 dbj is'equal to 1,000 microvolts.
The automatic gain control circuitry shall be capable of holding the output
lev~l of an amplifier within 1 db with a 5 db change on the input.
V. COAXIAL CABLE
All c9axial cab~es used in the system shall have a nominal characteristic
impedance of 75 ohms over the entire frequency range to be utilized in the system.
The impedance shall not very more than plus or minuE 5% from 75 o~ms.
The attenuation/frequency characteristic shall be, such that the attenuation
shall not vary more than plus or minus I db in 35 db (measured at 216 mcs.) from
the design frequency response characteristics of the cable.
Trunk and feeder cables shall have solid copper center conductors.
All trunk and feed cables shall be of the seamless aluminum sheath type.
Dielectric materials shall be of a cellular or foamed polyethylene material.
All materials used in the manufacture of the coaxial cable shall be of a
virgin nature and no reprocessed or reclaimed materials shall be used.
VI. INSTALLATION AND CONSTRUCTION
.
Pole line construction shall be in accordance with the standard utilities
practices and the National Electrical Safety Code. '
For pole spans up to 150 feet the minimum breaki~g strength shall be 4,750
pounds. Use 1/4" High Strength grade, seven (7) wire with galvanized zinc
coating A.
Lashing wire shall be .045 inch diameter, stainless steel. The rate of spiral
shall average 1,200 feet of wire to 1,000 feet of messenger.
All strand shall be installed on the field site of the pole; except when
the telephone facilities are already installed on the street side of the pole. the
television attachment shall also be on the street side. The television strand
shall always be attached on the side of the pole to which the telephone strand
has been attached. be it field or street side.
VII. HARDWARE
5/8" machine bolts (for suspension clamp attachments).
5/8" machine bolts (for equipment location attachments).
5/8" thimbleye bolts (for dead ends and guys).
Three (3) bolt-t-oe suspension clams (Hubbard No. 8903) or equal.
Thimbleye guy bond clamp (Hubbard 9060 series or equal).
Strand ground clamp (Hubbard 8956 or equal).
5/8"'by 6' copper-clad steel or copper ground rods. 1/4" performed dead end
(1/4 GFB or equal).
1/4" automatic (Reliable SR-5100 or equal).
No.6 solid, soft-drawn copper wire, (bonding and grounding).
3-1/2" x 4-1/211 x 5' 7" wooden crossarms (for mounting and supporting equipment .. .,
cabinets).
No. 12 two (2) wire service entrance weatherproof cable (from service head to
fused cutout cabinet).
Straps and spacers. Lashing wire clamps.
Guard arms, 3" x 4" x 40 ".
Guard arm braces, flat 22".
Pole gains
Carriage bolts, 3/8" x 4-1/2".
Lag bolts, 1/4" x 4".
Section 17. Time of Construction: Grantee shall commance construction of
the Cable TV System no later than thirty (30) days after it receives final approval
from the Federal Communications Commission to establish or use a micro-wave
facility to bring in at least the following:
The nearest commercial, independent TV st~tion, at least one educational
TV station, and ABC, CBS and NBC affiliated stations other than KBOI and KTVB.
Grantee shall complete construction of the syst~m within the City within
eighteen (18) months after construction commences. Prior to the commencement of
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construction and prior to final grant of authority from the Federal Communications
Commission to estaBlish at least the minimum program requirements set forth above,
Grantee shall conduct the necessary engineering studies so that constfuction can
commence promptly upon final approval of the Federal Communications Commission.
In the event that the Grantee does not perform according to the provisions
of this ordinance, the City shall give written notice of the particular items wherein
the Grantee has failed to perform and Grantee is hereby given a period of sixty (60)
days to correct the defaults of which the notice complains. If no correction is
made during said period the Council may, at its discretion, assess a penalty of
$25.00 per day until such default is corrected, or may repeal this ordinance.
Provided however, that the Grantee may petition the Council for an extension of
time to comply for good cause shown. The determination of what constitutes good
cause shall be first determined by the Committee, recommended to the interested
City Councils, and the decision of said councils shall be accepted as final.
Section 18. Extension Policy: The council shall grant reasonable extensions
referred to in Section 17 in the event of. strikes, floods, fire, acts of God, force
majeure, labor disputes, unavailability of building materials beyond the control of
the Grantee or any other cause beyond the control of the Grantee.
Section 19. Service to Schools: The Grantee shall provide service to state
accredited public and parochial schools within the City for educational purposes
upon request by the City at no cost to it or the school. The Grantee may, at its
option, provide similar services without cost to other private, parochial, and
religious schools. -
Section 20. Duration and Conditions for Acceptance of Franchise: The
Franchise and all rights and privileges and authority hereby granted shall take
effect and be in force from and after final passage hereof, as provided by law,
and shall continue in force and effect for a term of 20 years, PROVIDED that,
within 30 days after the date of passage of this ordinance the Grantee shall file
with the City Clerk, in writing, duly executed by the proper officials; the following
documents:
1. It's unconditional acceptance of this franchise; and
2. It's Performance Bond as provided in Section 15; and
3. It's indemnification'bond as provided in Section 14.
Section 21. Limitations of Franchise: This franchise shall be a privilege to
be held in personal trust by the original Grantee. It cannot in any event be sold,
transferred, leased, assigned or disposed of, in whole or in part, either by forced
or involuntary sale, merger, consolidation or otherwise, without Consent of the
Council expressed by resolution, which resolution shall be predicated upon the
recommendation of the Committee.
Section 22. Separability: If any section, sentence, clause or phrase of this
ordinance or any part thereof is for any reason found to be unconstitutional by
a court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance or any part thereof.
Section 23. Miscellaneous Provisions:
(1) Time is the essence of this franChise. The Grantee shall not be relieved
of its-obligations to comply promptly with any of the provisions of this ordinance
or by any failure of the City to enforce prompt compliance.
(2) The Grantee shall have no recourse against the City for any 106s, cost,
expenses or damage arising out of any provisions or requirements of this ordingnce
or its enforcement.
(3) The Grantee shall maintain a toll free telephone listing in each City in
order that CATV maintenance service shall be promptly available to all subscribers.
(4) The Grantee shall not repair, maintain, sell or recommend any television
or radio equipment or recommend radio and television repairmen. Any repair work
done to subscriber sets shall be performed .qy repairmen other than employees,
directly or indirectly, employed by the Grantee. The Grantee is prohibited from
inducing subscribers to remove their presently installed television antennas.
Section 24. Proof-of-Performance: Upon completion of installation of the
System, the contractor shall demonstrate to the satisfaction of an authorized
representative of the Committee, by means of measurements and tests listed below
that the System is performing properly and meets the overall System performance
-specifications as outlined herein.- The Grantee shall make ,available all equipment
necessary to perform these tests. Measurements and tests shall be performed at
least once a year, and oftener if directed by the Committee, to assure compliance
with this Section. A copy of the yearly proof of performance shall be filed with
the City Clerk prior to March 15th each year.
A. System Frequency Response - A wide band signal from the output of a
sweep generator shall be inserted at the input of the System and tuned to the
channel under test. The output level of the Sweep Generator shall be equal to the
mean operating signal levels obtained from the System feed points. The signal
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shall be inserted when the System is set up far normal operating conditions, and
,there is a normal video and audio signal on all other channels.
There will also be inserted in each amplifier in cascade a 3 db attenuator.
This attenuator, for test purposes only, may be removed after proof-of-performance.
No significant level changes should be apparent after removal of test attenuators.
A test set shall be connected at the extremity of any trunk line and the
frequency response, as seen on an oscilloscope, shall not vary more than plus or
minus 1.5 db over the entire channel width.
B. System Signal~to-Noise Ratio -- In order to provide television signals
having the highest order of broadcast quality, it is necessary that the System
maintain a signal-to-noise ratio in excess of 44 db. The Signal~to-noise ratio can
be measured by proceeding as follows:
(1) Insert a CW test signal'at the input to the distribution system, and
adjust the signal to normal system input level on each video and audio carrier of
each channel to be used on the system. During this test normal video and audio
signals should be, on all other channels. .=-.. ','
(2) At the extremities of any trunk in the System, feed the test signal into
a field strength,meter tuned to the video and audio carriers of the channels
under test. Note the reading obtained on the meter.
(3) Now tune the field strength meter to mid-channel of each'video and audio
channel under test. In the absence of signal, note the reading obtained. A
highly selective field strength meter is necessary to measure a signal-to-noise ratio
of 44 db and for the proper separation of carriers.
(4) The difference between the two readings will give the system signal-to-
noise ratio. This difference should be not less than 44 db. These measurements
shall be repeated on video ch~els 2 through 13.
C. System Hum Modulation:
'(1) Insert into the Transmission System a CW signal for the picture carrier
of any channel to be used on the System -- the level of the signal inserted
should be approximately equal to the mean value of the signals which will be
received from the System feed point. At the extremities of the trunk line of the
System, insert a detector and examine the resultant signal on an oscilloscope.
(2) Measure the average level of the dc signal.
(3) Measure the'peak-to-peak ae hum variation.
(4) The ratio in percent of the peak-to-peak ac variation to"the average de
is the percent system hum modul~tion and should be not more than 3%.
D. System" Intermodulation:
(1) Calibrate the following test setup: signal generator with provision for
controlled modulation; field strength meter with built-in detector; oscilloscope,
to read.5% modulation of an rf-earrier for a selected deflection.
(2) Insert an unmog.ulated CWsignal, utilizing above signal generator on one
channel and insert a normal TV signal input on each of the other channels to be
used in the System. All signals in the System should be set at normal operating
levels. _
(3) Connect the field strength meter to the extremity of the trunkline of the
System and tune to the unmodultated CWcarrier.
(4) Connect oscilloscope to the detector of the field strength meter and
read modulation. Modulation should not exceed deflection as set under D-l.
Repeat this test on each video channel 2 through 13.
(5) The blank screen test may be substituted for the above test procedure
upon approval of the customer. The eye should detect no visible intermodulation ~
effects.
E. Voltage Regulation: .'"" "
(1) Via means of an autotransformer, or similar device, vary the ac input of
several amplifiers simultaneously; first down to 105 volts and then up to 125 volts.
The System should continue to meet all previous performance tests under both of
thes~ sets of line voltage conditions.
(2) While varying the ac input voltage between 100 and 130 volts at several
amplifiers measure the B plus, B minus and filament voltage. The variation in
voltage should not exceed 2%.
F. Test for Minimum Subscriber Carrier Level at 300 ohm connection terminal:
These tests shall be performed using a field strength meter which is accurate
within 5% of the true peak of the FCC standard horizontal sync pulse. The
indicating scale shall be calibrated to read 0.707 times the true peak rf voltage.
All channels on the system shall be normally ene~gized and the field strength
meter connected to the 300 ohm output. Signals on Channels 2 through 6 should
read at least 1.0 millivolts, and Channels 7 through 13 should read at least
1.250 millivolts. These tests shoulg. be performed on various subscriber connections
near the extremities of the system.
G. Test for Minimum Subscriber FM Carrier Level: An rf signal generator
should be connected to the distribution system input and adjusted to the normal
input level. All specified video channels should be normally energized. A field
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41-
strength meter shall be connected across various Subscriber 300 ohm outlets near
the extremities of the system. The .rf signal generator frequency shall be varied
from 88 to 108 megacycles, while carrier voltage is measured at the subscribed
outlets. The minimum measured carrier should read at least 0.125 millivolts from
88 to 108 megacycles.
H. Modulated FM station signals fed into the System at normal input level
shall not cause noticeable interactions on any TV channel.
Section 25. Publication Costs: Th~ Grantee shall assume and pay all publi-
cation costs in connection with the adoption of a CATV ordinance and the granting
of a franchise as required by Idaho Code, Section 50-329. A statement for all
such costs shall be prepared by the City Treasurer and presented to the Grantee
upon filing ita acceptance with the City Clerk.
Section 26. This Ordinance ahall be in full force and effect on the ~ day
after its passage, approval and publication.
PASSED by the Council of Meridian Idaho, this 7th day
of April ,1969.
APPROVED by the Mayor of Meridian Idaho ,this 7th day
of April , 1969
IN WITNESS WHEREOF, The parties hereto, have, on the day and year first above
written, caused these presents to be signed by their duly authorized p1ficials,
and have caused their respective seals to be hereto affixed. :, /
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Grantee
Name and Official Title
SUBSCRIBED AND SWORN to before me this
_ day of
, 1969.
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Notary Public for:
Residing at:
Comm. Exp.:
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