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SECTION 3. TWO.WAY CAPACITY
<br /> Group W Shall initially activate a two.way
<br />
<br /> 7. FACILITES
<br /> 'uct its facilities as set
<br />
<br /> $. SPEICAL CHANNEL AND
<br /> ACCESS I~EQUI REMENTS
<br /> The Sytem shah carry broadcasl stations, an
<br /> emergency override channel 10, and 8 special
<br /> access, channels including public, educational,
<br /> government, leased, regional, religi0us,'senlor
<br /> citizens, and library access. The franchise
<br /> details specific access rules which must· be
<br /> developed by Group W.
<br /> SECTION 6, INSTITUTIONAL NETWORK
<br /> The System shall include a separate In-
<br /> stitutional network which will permit 38 separate
<br /> t6levision channels to be sent to each Institution
<br /> and 16 channels to be returned.
<br /> SECTION 7.. SERVICE TO PUBLIC
<br />
<br />STITU, TIPNS r
<br /> G~:obp iW!:will !~l;o~/ide InstJtbtional ~netw0'rk
<br />service to at' least 33 institutions listed in Section
<br />7 of the franchise.
<br /> SECTION 8. INTERCONNECTiON
<br /> The Sy§tem serving the cities of Andover,
<br />Anoka, Champlin and Ramsey shall be com-
<br />pletely interconnected·. The System shall also be
<br />constructed so that other systems n°w or
<br />hereafter constructed in any area adiacent to the
<br />System may be interconnected.
<br /> SECTION 9. NARROWCASTING
<br /> The System shall be capable of s~ndlng
<br />programs to each community separately so that
<br />.the residents'of one community may view a
<br />given program while at the same, residents of
<br />another community may watch different
<br />programming at the same time on the same
<br />channel.
<br />' SECTION 10. REGIONAL CHANNEL
<br /> The star~dard VHF channel 6 is designated for
<br />unlfnrm regional channel usage.
<br /> ~ ARTI~,LE~IV~ SERVICES AND
<br /> ~~.~SUBSCRIBEE
<br /> ~----~--~~0NTI~ACTS, CGIM PLA I NTS
<br /> ~TiON 1. SERVICES AND PROGRAM-
<br />MING
<br /> Programming shall be provided as specified in
<br />the proposal of Group W. Programming shall be
<br />added and deleted pursuant to the procedures of
<br />Section I.
<br /> SECTION 2. INTERRUPTION OF SERVICE
<br />AND COMPLAINTS
<br /> Service she. II not b~ Interrupted unless ab-
<br />solutely necessary. If service IS Interrupted for
<br />more than 48 hours, subscriber shall be credited
<br />pro-rata for such interruption. An office shall be
<br />maintained in the area and shall be capable of
<br />receiving complaints and requests for repairs or
<br />
<br /> PURCHASE OF THE SYSTEM
<br /> SECTION t. GENERAL
<br /> The Section provides for the City's right to
<br /> purchase a system, either pursuant to the terms
<br /> and conditions of a bona fide purchase offer
<br /> which Group W is willing to accept regarding the
<br /> system, or in the vent of forfeiture, revocation or
<br /> termination of this franchise-
<br /> secTION 2. PROCEDURES
<br /> The procedures for the City's election to
<br /> exercise its rights to purchase the System are
<br />· contained In Section 2. The procedure provides
<br /> for City's right to accept the terms of a pending
<br /> purchase offer, or the appointment of an ar-
<br /> bitration panel to establish the terms and con-
<br /> ditions of the sale.
<br /> ARTICLE Xll. MISCELLANEOUS
<br /> SECTION 1. TRANSFER OF OWNERSHIP
<br /> OR CONTROL
<br /> Ownership in the system may not be tran-
<br /> slated without the prior written consent of the
<br /> City. The procedures lot notifying the city of the
<br /> transfer of ownership, and City evaluation of
<br /> said transfer, are provided for,In Section I~,
<br /> 'r~cYIdl~l'" ~.' k~'~'GvAL* AFTER TER-~
<br /> MINAT'ION OR ~I~VOCATION ' ~
<br /> The City shall have the right to require Group
<br /> W to remove, at Group W's expense, all or any
<br /> portion of the System within City upon the
<br /> revocation or termination of the franchise
<br /> pursuant to the terms end procedures of Section
<br /> 2.
<br /> SECTION 3. WORK PERFORMED BY
<br />_ OTHERS
<br /> Group W must inform the Cl~y of the names
<br /> and addresses of any entity other than Group W
<br /> which shall perform services pursuant to the
<br /> franchise.
<br /> SECTION 4. INTEREST RATE
<br /> For the purposes of the franchise, prime rate
<br /> shell mean the Interest charged from time to
<br /> time by the First National Bank of Minneapolis
<br /> for ninety day unsecured loans to commercial
<br /> borrowers of the h[ghest cred[t rating.
<br /> SECTION S. GENERAL PROVISION ON
<br /> RIGHTS AND REMEDIES
<br /> All remedies and rights given to City by the
<br /> franchise are in addition to any other rights
<br /> which City might otherwise have regarding the
<br /> System or Group W.
<br /> SECTION 6. APPLICABLE LAWS AND
<br /> COURT DECISIONS: SEVERABILITY
<br /> . The franch~so must at a~l times be in com-
<br /> pliance with Ihe rules of the State Cable Board
<br /> and all laws, ordinances and regulations of
<br /> federal, state and City government relating to
<br /> the cable television system and trte franchise. If
<br /> any provision of this franchise Is declared In-
<br /> valid or void, that section may be severed from
<br /> franchise with the remaining se, ctJons In full
<br /> the
<br /> f~rce and effect. If the City determines that a
<br /> provision of the franchise Is affected by law,
<br /> ordinance or regulation, City shall have the right
<br />
<br />adjus!menf$.~t ~any_time seven ~ays ~.e.r week. to emend, modify alter or repeal any provisions
<br />This sectio~ further details sub~cribe'r'~'m~l~lnf~ '~ ~'el'l~'~ f~anchlse to such reasonable ~eXtent
<br />
<br /> ~rocedures;
<br /> ARTICLE V~ CONSTRUCTION,
<br /> INITIAL SERVICE AREA,
<br /> 'r LINE EXTENSION AND
<br /> · CONSTRUCTION STANDAR DS
<br /> SECTION I. INITIAL SERVICE AREA
<br /> All areas containing dwelling units within the
<br />cities of Anoka and Chemplin as well as a. II areas
<br />within Ahdover and Ramsey where current
<br />dwelling unit density exceeds 40 homes per mile
<br />shall be conslructEd as the initial system.
<br /> SECTION 2. LINE EXTENSION POLICY
<br /> · Service shall be extendecl to those ar~as not In
<br /> 'al service formula
<br />
<br /> TIMETABLE
<br /> > W ~all cohstru~t sub;4antially all areas
<br /> of the initial service area which contain dwelling
<br /> upits within one year of tt[e granting of the State
<br /> Certificate of Confirmation. Delays in con.
<br /> struction shall result in penalties provided I~y the
<br /> franchise.
<br /> SECTION 4 CONSTRUCTION STANI~ARDS
<br /> Group W shall comply with all construction
<br /> standards of. the franchise as well as ell ap-
<br />~ plicable laws, ordinances, rule~, regulations and
<br /> Codes, federal, state and local, SECTION 5. CONDITIONS ON USE;
<br /> Group W. may not, in Its construction of the
<br />. System, interfere with any gas, electric or
<br />' televisior~ fixture, water hydrant or main, and
<br />sewer line. Section 5 also provides procedures
<br />for the raising and lowering of lines, trimming ot
<br />trees, end the recognition of potential liability
<br />for persons damaging Group W facilities.
<br /> ARTICLE VI. SYSTEM OPERATIONS
<br /> SECTIO, N 1. INFORMATION AVAILABILITY
<br /> City shall have the right of reasonable access
<br />to Group W's records.
<br /> SECTION 2, SERVICE coNTRACT
<br /> If Group W maintains a service contract with
<br />subscribers, the form of said contract is detailed
<br />in Section 2~
<br />SECTION 3. SUBSCRIBER PRACTICES
<br />There shall be no charge for disconnection of
<br />any installation or. outlet..Section'3 also details
<br />grantee's right to disconnect for failure to pay
<br />the monthly subscriber fees.
<br /> SECTION 4. FRANCHISE FEES, RATES,
<br />CHARGEs; CHANGES IN FEES AND
<br />PROCEDURES
<br /> Throughout the term of the franchise, Group W
<br />shall pay to City an annual fee of 5% of all gross
<br />reyer;ues. The rates provided in the franchise
<br />for 3 years after corn-
<br /> service to residential
<br /> and rates for premium
<br /> services may be raised by Group W to the extent
<br /> of the increase in the Consumer Price Index. Any
<br /> increase in rates in excess of the Consumer Price
<br /> Index must be justified to, City pursuant to
<br /> 'standards and proc;edures provided for irt Sec-
<br /> tion 4. The City retains the right to review the
<br /> performance and technological upgrading of the
<br />
<br /> necessary to carry out the Intended purpose of
<br /> the franchise. ·
<br />SECTION 7. GRANTEE ACKNOWLEDG-
<br />MENT OF VALIDITY OF FRANCHISE
<br />Group W acknowledges that It has reviewed
<br />the franchise and that under current law Group
<br />W believes that the franchise Is not unreasonable
<br />or arbitrary.
<br /> ARTiC~LE XlII.-ADMINISTRATION
<br /> AND ADVISORY EDDY
<br />SECTION 1. ADMINISTRATOR
<br />The City Ad~nlnlstrator or Its designee shall be
<br />responsible for the administration of the fran-
<br />chise.
<br />SECTION 2. ADVISORY BODY
<br />The City may appoint an advisory body to
<br />monitor perlormance of Group W In executing
<br />· the provisions of the franchise.
<br />SECTION 3. DELEGATION OF AUTHORITY
<br />BY CITY
<br />The City may delegate at any lime its rights or
<br />obligations under the franchise to any bed.y or
<br />organization.
<br /> ARTICLE XlV. JOINT SYSTEM,
<br />ACCEPTANCE, I NCOR PORATION OF
<br />OFFERING, EXHIBITS, PUBLICATION
<br />SECTION 1. OTHER FRANCHISES r
<br />This Section acknowledges that the rSytem Is
<br />Intended to be part of a Iolnt system which
<br />serves the cities of Andover, AnDRe, Champlin.
<br />and Ramsey, Minnesota, and that Group W shall
<br />comply with ail four franchises of the above
<br />mentioned Cities.
<br />SECTION 2. TIME OF ACCEPTANCE;
<br />GUARANTEE) INCORPORATION OF OFFER-
<br />lNG; EX. NIBITS
<br /> Group W shall accept the franchise pursuant to
<br />the pracedures included in Section 2. The
<br />proposal of Group W Io the four cities Shall be
<br />incorporated by reference into the franchise.
<br />Summaries of the proposal shall be available In
<br />the office of the City Clerk, the public libraries,
<br />the local office of Group W, and the office of any
<br />school district in the Clly. The exhibits of the
<br />franchise are: Exhibit A - Group W schedule of
<br />rates; Exhibit B - Form G, page 2 of 20 (Group
<br />W's anticipated system growth and rate increase
<br />prolectlons); Exhibit C - the offering (proposal)
<br />of Group W.
<br />CITYOF ANDOVER
<br /> Adopted this 7th day of September, 1982
<br />-s- Jerry Wlndschlt)
<br />Jerry Wlndschitl - Mayor
<br />-s- Patricia K. LIndqulst
<br />Patrlcla K, Lindqulst - A. Administrator
<br />CITY OF RAMSEY "
<br />Adopted this 28th day of September, 1~2"
<br />-s- Thomas Gamec
<br />Thomas Gamec · Mayor
<br />-s. Lloyd Schnell
<br />Lloyd Schnell - Administrator
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<br /> Published In Anoka Co. Union
<br /> Oct, 8, 1982
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