SECTION 4. DESIGN PROVISIONS
1. System Upgrade.
a. Grantee shall upgrade the existing System to provide additional capacity, higher signal quality, more reliability, and the capability to provide additional services, all in accordance with the Proposal. In conjunction with this rebuild and upgrade, Grantee shall replace all existing headend equipment with new standard frequency headend equipment.
b. The upgrade will incorporate the deployment of fiber optic lines to Nodes, each connected by optical fiber to hub and headend sites. Nodes will serve an average of approximately 500 homes and in no event more than 800 homes with a minimum of four (4) fibers connecting each 500 home average Node from headends and hubs.
c. The System will be designed with the capability to transmit return signals upstream in the 5 - 40 MHz spectrum.
d. The System will be designed and constructed in order to allow narrowcast of governmental access channels discretely by municipality and, to the extent that System Node architecture allows, educational access channels by school district boundaries. The Grantee will provide and maintain all equipment and facilities necessary to accomplish this narrowcasting.
e. All power supplies for the System, including the Institutional Network, will be equipped with standby power capability in accordance with the Proposal. Additionally, the Grantee will use status monitoring at all Nodes and power supply locations in the System, including the Institutional Network, in accordance with the Proposal. Finally, noninterruptable power-passing compatible taps will be implemented in accordance with the Proposal.
f. The System will provide an Emergency Alert System fully compliant with local, state and federal EAS requirements.
g. The System will be capable of providing non-video Services via the System such as high-speed Internet service and other Services in accordance with the Proposal, which shall be activated as Marketplace Need dictates. Grantee may use 200 MHz of the total 750 MHz System capacity for the provision of such services and/or additional video channels.
h. During the design, walkout and preliminary construction activities related to upgrade of the System, Grantee shall seek to identify the non-video interests of the business community within City and will seek to quantify business community demand for non-video services. Prior to making any final determination of such demand, Grantee will solicit input from the City regarding the location of business corridors that may desire services in addition to Cable Service. Grantee will include additional optical fibers, in addition to the four (4) fibers to each 500 home average Node as required above, to facilitate future expansion of needs in such business corridors.
i. Grantee agrees to use its best efforts to comply with such open cable standards as may be developed with respect to set top converters/terminals.
2. Interconnection.
a. The Cable System servicing the Ramsey/Washington System including the cities of Birchwood, Dellwood, Grant, Lake Elmo, Mahtomedi, Maplewood, North St. Paul, Oakdale Vadnais Heights, White Bear Lake, White Bear Lake Township, and Willernie shall continue to be completely interconnected.
b. In addition, the System shall have the following capacity, upon completion of the upgrade of the I-Net, any portion of which shall be made available, pursuant to reasonable implementation expectations, upon receipt by Grantee of a written request from Commission: For interconnection of the Ramsey/Washington System with the North Suburban Cable System, three (3) 6MHz channels/bandwidth for forward video purposes, three (3) 6MHz channels/bandwidth for return video purposes, three (3) 6MHz channels/bandwidth for forward data purposes and/or other, and three (3) 6MHz channels/bandwidth for return data and/or other purposes; for interconnection of the Ramsey/Washington System with the St. Paul Cable System, three (3) 6MHz channels/bandwidth for forward video purposes, three (3) 6MHz channels/bandwidth for return video purposes, three (3) 6MHz channels/bandwidth for forward data purposes and/or other, and three (3) 6 MHz channels/bandwidth for return data and/or other purposes; for interconnection of the Ramsey/Washington System with the South Washington Cable System, three (3) 6 MHz channels/bandwidth for forward video purposes, three (3) 6 MHz channels/bandwidth for return video purposes, three (3) 6 MHz channels/bandwidth for forward data purposes and/or other, and three (3) 6 MHz channels/bandwidth for return data and/or other purposes; and interconnection of the Ramsey/Washington System with the Central St. Croix Cable System, three (3) 6 MHz channels/bandwidth for forward video purposes, three (3) 6 MHz channels/bandwidth for return video purposes, three (3) 6 MHz channels/bandwidth for forward data purposes and/or other, and three (3) 6 MHz channels/bandwidth for return data and/or other purposes.
c. In addition to interconnection capacity required above, Grantee acknowledges that institutions in the Ramsey/Washington System may desire utilization of capacity on one or more institutional networks which are part of MediaOne's commonly owned, adjacent-franchise systems (Adjacent Institutional Network). Should such utilization of an Adjacent Institutional Network be desired, the Commission (on behalf of itself, the City, or specific institutional users) will undertake best efforts to obtain any required authorization from the appropriate adjacent franchising authority, or its designee, to utilize such Adjacent Institutional Network capacity under its control. In the event that Commission is unable to obtain authorization to use any capacity or sufficient capacity on such Adjacent Institutional Network after a good faith effort to secure such use, upon request Grantee will provide the Commission, City or requesting institution available bandwidth on such Adjacent Institutional Network as follows: if Adjacent Institutional Network capacity is available and under control of Grantee, Grantee will provide unused available Adjacent Institutional Network capacity at no charge in an amount up to the difference between three (3) 6 MHz channels/bandwidth for forward video, data, or other purposes and three (3) 6 MHz channels/bandwidth for return video, data, or other purposes minus any bandwidth on the Adjacent Institutional Network which is under the control of the adjacent franchising authority and is made available for use. Available capacity in addition to that described above on Adjacent Institutional Networks under the control of Grantee will be made available at market rates established by Grantee. In no event shall Grantee be responsible for providing any equipment pursuant to this paragraph.
d. Upon request for additional interconnection capacity, Grantee will make available such additional capacity necessary to meet the total interconnection capacity specified in Exhibit B.
e. Grantee shall provide, at the incremental cost of time and materials paid by Commission, an interconnection with the State of Minnesota's fiber network referred to as the "Connecting Minnesota" project. Grantee will therefore install a home-run fiber pair, cabling the Oakdale headend/hub to the "Connecting Minnesota" drop location at the MN-DOT building located at Hadley Avenue and Highway 5 in Oakdale. Upon request of Commission, Grantee shall activate such fiber lines with the equipment necessary to interconnect the State's network with the Ramsey/Washington I-Net, at Grantee's cost to be paid by Commission.
f. Grantee will build and activate an AM fiber link between White Bear Lake and Oakdale facilities. The link will support a bandwidth between 50-750 MHz. The Grantee will initially, at a minimum, dedicate and pass four (4) 6 MHz video channels and one (1) data channel in each direction between White Bear Lake and Oakdale facilities on this link for the purpose of supporting current video and data (Di-Tech) needs. If at any time during the renewed franchise video and data applications use or require additional capacity, Grantee will dedicate and pass such channels, free of charge. Further, additional, activated fiber capacity will be available for a direct link between White Bear Lake and Oakdale facilities to support all I-Net applications.
3. High-Speed Services. The System shall be designed to ensure adequate capability and capacity to provide non-video Services via the System such as high-speed Internet service and other Services in accordance with the Proposal, which shall be activated as Marketplace Need dictates.
4. Construction Timetable.
a. Grantee shall complete all construction related to the System upgrade required by Section 4 herein and shall fully activate the System on or before May 30, 2001. Grantee shall provide for phased activation launches as Nodes are completed and in accordance with the specific timeline in Exhibit C attached. Failure to timely complete such construction shall be a violation of this Franchise.
The System, once upgraded, shall continue to offer Service to all dwelling units serviceable prior to upgrade and shall extend Service to any area within the corporate boundaries of City which was not previously constructed which exceeds a density of 35 dwelling units per cable mile or greater for overhead plant and 50 dwelling units per cable mile for underground plant.
c. Within ninety (90) days after the commencement of the renewal term of this Franchise, Grantee shall commence application for all necessary permits, licenses, certificates and authorizations which are required in the conduct of its business. Failure to timely commence application for the aforementioned authorizations shall be a violation of this Franchise.
d. Within ninety (90) days after commencement of the term of this renewed Franchise, Grantee will commence System design, walkout and all other preliminary construction activities related to upgrade of the System and shall give written notice thereof to City upon commencement of such activities.
5. Interruption of Service. The Grantee shall interrupt Service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the System. If Service is interrupted for a total period of more than forty eight (48) hours in any thirty (30) day period, Subscribers shall, upon request, be credited pro rata for such interruption.
6. Technical Standards. The technical standards used in the operation of the System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. End of the line performance will meet or exceed FCC specifications at the Subscriber Drop location.
7. Special Testing.
a. The City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, the City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing.
b. Before ordering such tests, Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at Grantee's expense by a qualified engineer selected by City and Grantee, and Grantee shall cooperate in such testing.
8. Drop Testing and Replacement. Grantee shall insert a 750 MHz carrier at a level 10db below the video carriers that will be measured by Grantee as a normal procedure during all service calls. In addition, the Drops and related passive equipment will be inspected during Installations to assure that the Drop and passive equipment can pass the full 750 MHz System capacity. In the event measurement of the carrier or the inspection demonstrate that a Drop or associated passive equipment do not pass the full 750 MHz, the Subscriber address will be recorded by Grantee and Grantee shall provide City, or its designee, upon request a report indicating the addresses where Drops or associated passive equipment have failed. Grantee shall replace all failing Drops and/or associated passive equipment at the time the address upgrades service to a level which requires a signal above the 550 MHz spectrum at no separate charge to the individual Subscriber.
9. FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall upon request of City also be filed with the City or its designee within ten (10) days of the conduct of such tests.
10. Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications.
11. Lockout Device. Upon the request of a Subscriber, Grantee shall make available a Lockout Device at no additional charge to Subscribers.