SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS AND RELATED COMMITMENTS
1. Institutional Network Capacity.
a. Grantee shall provide an Institutional Network which connects designated institutions within the Ramsey/Washington System and permits the transmission of video and data between such connected sites. Use of the I-Net by institutions will be limited to the telecommunications or video needs of such institutions. The institutions may not sell or resell services to third parties. However, the institutions may provide services to themselves which the Grantee otherwise sells to others (for example, an institution may provide Internet service to itself that the Grantee sells to others).
b. The I-Net will be designed and constructed to provide 450 MHz capacity and no less than 56 channels (25 upstream channels and 31 downstream channels), all in accordance with the Proposal. The I-Net will consist of no less than 16 Nodes and in no event shall amplifier cascades in the I-Net exceed 10 amplifiers. All I-Net Nodes will be connected by optical fiber to the headend and hubs. The I-Net will be segmented into no less than 16 discrete segments associated with individual Nodes in order to permit narrowcast of video and data within municipal boundaries.
c. The I-Net will incorporate a six (6) count fiber to the Node throughout the network. An additional ten (10) fibers will be connected from the headend to each Node for the purpose of supporting redundancy and the facilitation of end-to-end fiber connections within the institutional community. In the event that the Grantee seeks to deploy wavelength division multiplexing or similar technology within the fiber optic portions of the I-NET, the Grantee may present to the Commission a plan to reduce the number of required fiber cables to the Node. Such plan must describe the planned technology and detail any I-Net performance changes which will result. The Commission must approve any such plan in writing prior to any reduction in the number of fibers in the I-Net.
d. Grantee shall provide and maintain all I-Net equipment, including Node equipment, which is reasonably necessary to provide and operate the I-Net described above. Grantee shall only be required to provide end-user or I-Net interface equipment associated with I-Net applications to the extent required herein.
2. I-Net Connection Requirements. Grantee shall connect all institutions designated on Exhibits E and F to the Institutional Network along with any new City Hall which may be constructed by City, or to which City may otherwise move its government offices or City Council meeting locations, said move to be other than temporary, i.e., for a period anticipated to be twelve (12) months or more. Other public or educational institutions subsequently designated by City shall be connected to the Institutional Network if such institution is located less than five hundred (500) feet from the existing Institutional Network, or if such designated institution agrees to reimburse Grantee for Grantee's actual costs in excess of the cost of the first five hundred (500) feet of such installation.
3. Fiber to the Institution Requirements. In addition to the I-Net requirements above, the Grantee will provide end-to-end fiber connections, including fiber from the Node to the institution, and usage of the I-Net in accordance with Exhibit F. The Grantee will initially provide two (2) dark fibers to each city hall listed in Exhibit E without charge. Grantee may adjust the PEG Fee to recover such costs. Fiber drops will be provided at cost to other than city hall institutions. Institutions connected to the I-Net via fiber will be responsible for any end-user or interface equipment needed for transmission of video or data via these dark fibers.
4. Fiber Activation Requirements. The Grantee will be responsible for the activation of the fibers referenced above with optical transmission and reception equipment within a reasonable time upon request. To the extent feasible, the timeline for such activation will be no later than 30 days from the date of the request for connection and usage in accordance with the policies of Exhibit F.
5. I-Net Service Charges. Grantee will make the I-Net capacity available to designated institutions for video uses at no charge. Grantee will otherwise be permitted to charge for use of the I-Net to the extent provided in Exhibit F. Grantee will comply with the requirements and policies regarding use of bandwidth as set forth in Exhibit F.
6. Grantee's Use of I-Net Capacity. Grantee may use available capacity on the I-Net, including for lease or other commercial purposes, provided, however, that use by the City, Commission and designated institutions shall have priority. Grantee will terminate its use of any channel capacity on the I-Net within six (6) months after receiving notice from the Commission that City, Commission, or designated institution have determined to use such capacity.
7. I-Net Interface Equipment and Other Capital Commitments.
a. Grantee will provide to the Commission on the third anniversary of the renewal period, a capital equipment grant of $50,000 for the purchase of I-Net equipment for the municipal data network. Grantee may not adjust the PEG Fee or otherwise separately itemize this amount on Subscribers bills to recover the cost of this capital equipment grant.
b. Designated institutions shall be responsible for providing their own end-user or I-Net interface equipment. However, Grantee shall continue to repair, replace and maintain existing video modulators and demodulators in the I-Net. Grantee shall additionally provide at no charge twenty (20) new modulators and demodulators for distribution to designated institutions in accordance with Exhibit E.
c. Upon request by a designated institution, Grantee must either offer to lease to such institution the requested non-video end user equipment or make reasonable efforts to arrange for the institution's lease of such equipment. Within 30 days of a written request, Grantee must notify the requesting institution in writing of its ability or inability to lease the requested equipment and the terms of such lease. The City, its designee, or the requesting institution may purchase or lease the equipment from any vendor.
d. Grantee will provide standby power with full battery replacement and status monitoring for the Institutional Network. Grantee may adjust the PEG Fee to recover the costs of such status monitoring. In addition, Grantee will provide a minimum of twenty eight (28) new pilot generators and will re-tune any existing amplifiers which will be reused in the upgraded I-Net.
8. I-Net Performance Standards. Grantee shall maintain those technical and performance standards as are detailed in Exhibit G attached. Grantee shall provide the City, or its designee, upon request with reports of the performance of the I-Net and Grantee's compliance with the technical and performance standards.
9. Subscriber Network Drops to Designated Buildings.
a. Grantee shall provide, free of charge, Installation of one (1) subscriber network Drop, one (1) cable outlet, one (1) Converter and/or cable modem or other device, if necessary, monthly Basic Cable Service and such Internet access service as may be made available (currently MediaOne Express) without charge to those institutions currently receiving such services, the institutions identified and designated for such services in Exhibit E attached hereto and made a part hereof. Any such other public or educational institution not connected to the I-Net may be subsequently designated for MediaOne Express Service (or equivalent) by City. The Company will provide the first five hundred (500) feet or less from the existing Subscriber network at no charge to such institutions. Any such institution located more than five hundred (500) feet shall be connected if such institution agrees to reimburse Grantee for Grantee's actual costs in excess of the cost of the first five hundred (500) feet of such installation.
b. Additional subscriber network Drops and/or outlets will be installed at designated institutions by Grantee at the cost of Grantee's time and material. Alternatively, said institution may add outlets at its own expense, as long as such Installation meets Grantee's standards. Grantee shall have three (3) months from the date of City designation of additional institution(s) to complete construction of the Drop and outlet unless weather or other conditions beyond the control of Grantee requires more time.
c. 10. Web Hosting Services. To the extent Grantee provides to Subscribers web site hosting Services as part of its Internet access service, Grantee shall provide City and the Commission web site hosting services free of charge. Any other institution may subscribe to web site hosting services at market rates.