NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE
METHOD OF SERVICE FORM
This form should be filed with all new petitions and applications that require action by the Commission. It will allow us to serve you with the Commission decision using the method you select.
Name: Brenda M Parks Your Company/Organization: Time Warner Cable Mailing Address: 2778 State Route 52 Libertv. NY 12754 Company/Organization you represent, if different from above: E-Mail Address: [email protected]
If you consent to receive Commission-issued orders electronically, you will receive all Commission-issued documents electronically. If you do not consent to receive Commission-issued orders electronically, you will receive all Commission-issued documents by mail.
Check the box(es) in A orB, below:
A. ~ I am authorized by the party I represent to grant consent to receive electronic-only service of Commission-issued orders, AND
~I, on behalf of myself or the party I represent, knowingly waive the right specified in Public Service Law §23(1) to be served personally or by mail with orders that affect me or the party I represent and consent to receive service of Commission-issued orders by electronic means only. This consent remains in effect until revoked.
B
0 I do not consent to receive electronic service and instead request that the DPS mail Commission-issued document(s) to me.
I Signature: Brenda M Parks I Date: 12/23/2011 Time Warner Cable
December 23, 20 11
VIA EMAIL: [email protected]
The Honorable Jaclyn N. Brilling Secretary YS Public Service Commission Three Empire State Plaza Albany, Y 12223
RE: Town of Woodstock
Dear Secretary Brilling:
Attached for your approval pursuant to Part 891 of the New York State Public Service Commission Cable TV Rules and Regulations, is an application for approval by the Commission of a franchise renewal agreement with the Town of Woodstock.
1. The required R-2 Form is attached as Exhibit 2.
2. The Municipality exercised due diligence in reviewing and negotiating the renewal agreement. A public hearing was held on December 8, 2010. The public hearing notice is attached as Exhibit 3.
3. A signed and sealed executed renewal agreement and a copy of the resolution approving the signing of the agreement is attached as Exhibit 4.
4. A complete copy of this application has been served on the Town by first class mail. A certificate of service is attached as Exhibit 5.
5. The required legal notice has been ordered published. Proof of publication will be forwarded when received; as Exhibit 6.
Should you require further infonnation, please contact me at the address noted.
Sincerely,
Brenda M. Parks Director Government Relation
2778 tate Route ·2, Liberty, Y 12754 84--695-9625 845-292-1656 (fax) Time Warner Cable•
EXHIBIT 1
2778 State Route 52, Liberty, NY 12754 845-695-9625 845-292-1656 (fax) Time Warner Cable®
EXHIBIT 2 FORMR-2 Application for Renewal ofFranchise
Town of Woodstock
1. The exact legal name of applicant is:
Time Warner NY Cable LLC
2. Applicant does business under the following trade name or names: (subsidiary company, if applicable)
Time Warner Cable
3. Applicant's mailing address is:
Time Warner Cable 2778 State Route 52 Liberty, NY 12754
4. Applicant's telephone number is:
845-695-9625
5. (a) This application is for a renewal of operating rights in the Town ofWoodstock.
(b) Applicant serves the following additional municipalities from the same headend or from a different headend but in the same or an adjacent county: See Attachment A.
6. The number of subscribers in each municipality noted in item 5 as of December 2010. See attachment A.
7. The following signals are regularly carried by the applicant's cable system: See Attachment B.
8. Applicant will provide channel capacity and/or production facilities for local origination. If answer is affirmative, specify below the number of hours of locally originated programming carried by the system during the past twelve months and briefly describe the nature of the programming.
Yes- We recently launch our 24/7 news program YNN - Hudson Valley.
2778 tate Route 52, Liberty, Y I 2754 45-695-9625 45 -292-I 656 (fax) Time Warner Cable
9. The current monthly rates for service in the municipality specified in Question 5(a) are: Primary connections: Basic Service: $16.50 Standard Service: $53.20 Installation: $40.95
10. How many miles of new cable television plant were placed in operation by applicant during the past twelve months in the municipality specified in Question 5 (a)?
Town of Woodstock - 0
In the municipalities specified in Question 5(b )?
Town of Bethel - 1.38 mi les Town of Blooming Grove- .39 miles Town of Crawford - . 7 miles Town of Fallsburg - 9.37 miles Town of Liberty - 3.44 miles Town ofNeversink - .66 miles Town of Rockland- 1.72 miles
11. State and describe below any significant achievements and/or improvements that took place with respect to system operation during the past twelve months?
Channel additions
12. Indicate whether applicant has previously filed with the State Commission on Cable Television its:
a. Current Statement of Assessment pursuant to Section 817 of the Executive Law? Yes b. Current Annual Financial Report? Yes
13 . Has any e ent or change occmTed during the past twelve months which has had, or could have a significant impact upon applicant's ability to provide cable television service? 0 If so, describe belo
December 23 , 2011 .\rl'4'-o.~irector, Go ernmenteu..b Relation s Date
2778 State Route 52, Liberty, Y 12754 845-695-9625 84--292-1 656 (fax) Time Warner Cable~·
Attachment A Tuesday, December 20, 2011 Time Warner Cable - Hudson Valley - Attachment A 4:16:37 PM
MUNICIPALITY SUBS
Town of Shawangunk 2592
Town of Deerpark 2152
Town of Goshen 1566
Town of Hamptonburgh 1213
Town of Montgomery 2116
Town of New Paltz 2132
Town of Plattekill 7
Village of Bloomingburg 213
Village of Goshen 1781
Village of Montgomery 1280
Village of Otisville 328
Village of Wurtsboro 560
Town of Wawayanda 1530
Village of Walden 2029
Town of Wallkill 7738
West Point - USMA 907
Village of Washingtonville 1889
Village of Ellenville 1248
Town of Wawarsing 1690
Town of Rochester 1619
Village of Saugerties 1500
Town of Saugerties 4800
Town of Catskill 545
Town of Shandaken 1273
Town of Olive 1449
Town of Hunter 840
Village of Chester 86
Village of Hunter 389
Village of Tannersville 275
Town of Jewett 189
Village of Liberty 1274
Town of Liberty 1102
Town of Thompson 2707 Page 1 of 3 MUNIC~P/\LiTY ;)UBS
Town of Neversink 665
Town of Callicoon 519
Village of Jeffersonville 228
Town of Fallsburg 2449
Town of Delaware 622
Town of Fremont 118
Village of Monticello 1904
Town of Blooming Grove 1148
City of Middletown 6850
Town of Crawford 2415
Town of Highlands 527
Town of Gardiner 1432
Village of Highland Falls 1346
Town of Lloyd 76
Town of Mount Hope 944
Town of Mamakating 2436
Village of Maybrook 898
Town of Newburgh 1431
Village of New Paltz 1222
City of Port Jervis 2621
Town of Bethel 1015
Town of Forestburgh 209
Town of Highland 746
Town of Tusten 357
Town of Lumberland 395
Town of Rockland 964
Town of Colchester 70
Town of Cochecton 160
Village of Woodridge 323
Village of Cornwall-on-Hudson 1125
Town of Cornwall 2840
Town of New Windsor 7378
Town of Newburgh 6943
City of Newburgh 5161
Page 2 of 3 MUNICIPALITY SUBS
Town of Marlborough 2266 Stewart Air Force Base 80 Town of Marbletown 1523 Town of Rosendale 1880 Town of Pleasant Valley 2843 Town of Esopus 2894 Town of Hurley 2043 Town of Kingston 296 City of Kingston 7315 Town of LaGrange 1072 City of Poughkeepsie 8810 Town of Poughkeepsie 6472 Town of Red Hook 1356 Village of Red Hook 778 Town of Rhinebeck 1051 Village of Rhinebeck 1103 Village of Tivoli 377 Town of Ulster 4216 Town of Woodstock 2457 86
Page 3 of 3 Time Warner Cable"'
Attac.:hm ent B
2778 tate Route 52, Liberty, Y 12754 45-695-9625 45-292- 1656 (fax) Time Hudson Warner Cable® Valley-Kingston/Woodstock/Poughkeepsie Channel Lineup
Smithsonian On Demand HD SyFyHD Basic Service 68 MSG 848 743 YES 649 Smithsonian Channel HD 744 E!HD 1 NY1 69 SportsNet New York 650 MGMHD 746 MSNBCHD 2 WCBS 70 ESPN2 652 HB02HD 749 CSPAN HO 4 WNBC 71 TV Guide 653 HBO Signatuns HD 750 Galavision HO 5 WNYW 72 The Golf Channel 654 HBOFamilyHD 751 National Geographic HD 6 Your News Now 73 TCM 655 HBO Comedy HD 752 lifetime Movie Network HD 7 WABC 74 75 TV Land 656 HBOZoneHD 754 Velocity 9 MyNe~TV 76 FitTV 657 HBO Latino HD 755 Investigation Discovery HD 11 CW11 CMT: Country Music Television 659 MonsMaxHD 756 Palladia HD 12 WTBY (TBN) 78 Animal Planet 660 Action Max HD 758 Fox Business Network HD 13 WNET (PBS) 79 80 Travel Channel 661 Thriller Max HD 759 BIOHD 14 TNT Versus 662 WMAXHD 760 VH1 HD 15 Discovery Channel 81 84 Hallmark (digital) 663 @MaxHD 761 WNJU HD (Telemundo) 16 CNN EWTN 664 Five Star Max HO 762 Fox News Channel HD 17 WPXN (PAX) 97 108 Speed Channel 665 Outer Max HD 763 HGTVHD 18 QVC CNCWorld 667 Showtlme 2 HD 765 Style HD 19 Unlvislon 502 504 SNYHD 668 Showllme Showcase HD 766 BravoHD 20 YNN YES Network HD 669 Showtlme Extreme HD 767 Fox Sports Net NY HD 21 ESPN 505 Comedy Central HD 670 Showtlme Beyond HD 768 MSGHD 22 WRNN 725 CNBCHD 671 Showtlme Women HD 769 YESHD 23 Public Access 731 Spike TV HD 673 Showtlme NeX1 HD 770 SportsNet NY HD 61 Talemundo 733 736 FoodNe~HD 674 TMCHD 771 ESPN 2HD 150 BONTV* DisneyHD 675 TMCXtra HD 772 ESPN HD 166 Antenna TV 738 BETHD 677 Starz Edge HD 773 GolfHD 176 Universal Sports 740 MTVHD 678 Starz Kids and Family HD 774 TCMHD 182 Shop Zeal 2 742 748 History HD 680 gmcHD 779 Animal Planet HD 183 Shop Zeal 3 Galavision HD 681 Starz Comedy HD 780 Travel Channel HO 184 Shop Zeal4 750 VH1 HD 682 OWNHD 781 Varsus HO 185 Shop Zeal 5 760 774 TCMHD 683 ReelzHD 782 Planet Gnsen HD 186 LATV Universal HD 684 Hallmark HD 783 Ovation HD 411 TWCable Info Channel 785 685 BBC America HD 784 Hallmark Movie Channel HD 502 CNC World 686 Crime & Investigation Network HD 785 Universal HD 701 NY1 HO 208 688 OIYHO 786 SPEEDHD HO Basic Service 229 690 TVGuideHD 787 Afrtca Channel HD 275 Encons HD 692 G4HD 788 EWTNHD 679 WGNHD ReelzHD 693 Game Show Network (GSN) HD 789 The Hub HD 706 YNNHO 283 290 SundanceHD 694 CMTHD 790 TVOneHD 718 ave HD FeametHD National Geographic HD 791 Cooking Channel HD 749 CSPAN HD 292 696 301 Adult HD On Demand 697 History International HD 952 HBOHD(SAP) Standard Service 355 iN DEMAND HD PPV Events 1 698 Primetime HO On Demand 953 HBO 2 HD (SAP) iN DEMAND HD PPV Events 2 HD Showcase On Demand 954 HBO Signature HD (SAP) 14 TNT 356 699 GAMEHD HDMOD 955 HBO Comedy HD (SAP) 15 Discovery Channel 380 700 GAMEHD2 NY1HO 956 HBO Family HD (SAP) 16 CNN 381 701 GAMEHD3 WCBS(HD) 957 HBO Zone HO (SAP) 25 Comedy Central 382 702 GAMEHD4 WNBC(HD) 958 HBO Latino HD 26 TBS 383 704 GAMEHD5 WNYW·FOX (HD} 27 AMC 364 705 GAMEHD6 WABC(HD) TV Essentials (package) 29 A&E 385 707 GAMEH07 WWORHD 11 CW11 30 USA Network 386 709 GAME HD8 WPIX(HO) 679 WGNHD 31 CNBC 387 711 GAMEHD9 Thirteen HOTV 32 Nickelodeon 388 713 TeamHD TNTHO OTValue (Package) Spike TV 412 714 33 Game HD/MLB Extra Innings Discovery HD 1 NY1 34 ABC Family 445 715 Game 2 HD/MLB Extra Innings CNNHD 2 WCBS 35 The Weather Channel 446 716 Tennis Channel HD 717 Bloomberg HD 4 WNBC 36 FoodNe~ 465 CBS College Sports HD WXTV HD (Univision) (Newburgh, 5 WNYW Headline News 467 719 37 Middletown, Port Jervis, New Paltz, 6 Your News Now 38 Disney Channel 468 NHLN~HD 470 Fox Soccer PLUS HD Rosendale, Monticello, liberty & 7 WABC 39 TLC Tusten only) 471 Big Ten Network HO On Demand 8 WRGB/CBS 40 BET 720 CSPAN2HD 472 Big Ten Ne~ HD 9 MyNe~TV 41 Lifetime T alevision 721 CSPAN3HD 473 BigTen2 HD 10 WNYW(FOX) 42 MTV 723 IFCHD 474 BigTen3HD 11 CW11 43 Syfy 724 FXHD 475 Big Ten 4 HD 12 WTBY(TBN) 44 El Entertainment Television 725 Comedy Central HO 476 Big Ten 5 HD 13 WNET(PBS) 45 CartoonNe~ 726 TBSHD 478 ESPNNewsHD 14 TNT 46 MSNBC 727 AMCHD 479 ESPNUHD 15 Discovary Channel 47 truTV 728 OisneyXOHD 485 FOX Soccer HD 16 CNN 48 History 729 A&EHD 486 Fox Deportes HD 17 WPXN(PAX) 50 Galavision 730 USAHD 487 ESPN Deportes HD 18 QVC 51 National Geographic Channel 731 CNBCHO 488 NBA TVHD 19 Univision 52 Lifetime Movie Network 733 Spike TVHD MLBN~HO 20 YNN Shop NBC 489 Travel Channel HD 53 iN DEMAND HD PPV Events 1 735 21 ESPN 58 Leased 495 Food Network HD iN DEMAND HD PPV Events 2 736 22 WRNN 60 VH1 496 Headline News HD SNYHD 737 23 Public Access 62 Fox News 504 Disney HD YES Network HD 738 24 FX 63 HGTV 505 TLCHD TV JAPAN HO 739 25 Comedy Central 66 Bravo 514 BETHD MAVTVHD 740 26 TBS MSG Plus 647 67 742 MTVHO 27 AMC
1/4 29 A&E 130 History !r;lernational 615 Musi-c Chotcn: f'v1H1a! 744 E!HO MSNBC HD 30 USr\ Network 131 Hnelz 616 Mt1Sic Choice. ~\ltHrnative 746 History HD 31 CNBC 132 B~.romBranu 617 r.,fus!c Choice: Cr.assic 1\Hernativo 748 32 P'.;;lckdodeon 133 THt.::nNir:k 618 t/.usic Cl1nict:· A(::uit Alten~Ntiv-a 750 Gr·:tlavisio.n HD Natioi'~ ;at Oao~jr.··lpt·:JG HD 33 Stl!kr• TV 134 Nic.l\ toonb Net;vork 619 M:.. rsit: Choice: Soft Rock !51 fjft:titne Movie Ne1work HD 34 ABC Fan11ly 135 Rt.ssi~.'\ Tnday 620 Music Choice: Pop H1ls 752 Vo·locity 35 Tt\H- VVeati
214 SlloWfirnB Extreme 613 ~,lush~ Choi.ct:r f~Htro Hoc.k 845 C,:utoon Network (SAP) 815 Cam col 224 614 Music Choice. Rock 846 l\it:ktoons 816 IV Colombia 225 Showtime Beywd 615 Mustc Cf:oke· Mt:tal 847 Nick Jr 817 lnfmito 226 ShovJtin-:e \Nun:on Shm~lirr.e Flln'ily 616 Music Chnree: AJtHn~ntive 849 CNBC Wmkl 818 V~n~e 227 St~owtimn N-ext 617 ·Mustc Chm\x;: Ci;1ssk Aitnma1tVN 850 Bloombc,ry TV 819 Dtscv\,t•ry en [sp,:;f\o! 228 GOL TV Spanmh Showtime HD 6~8 Music Choir.(r. Adult AJtemutlve 851 CNN fnferm)tJonaf 820 229 619 Music Chuicfr. Soft Hock 852 CNN Esp-ar'1ol 821 ESPN Oeportes 230 fMC On Dem<1nd Fox Spo1is Espanol Tho ~/u'·.:iB Chann·ul 620 ~lustc Ghoicfr Pop Hits 853 T'/E 24 822 231 FSPN News n~ocxtm 621 ~.Jll.lslt Cho\t";e· ~-~C"s 854 NYi Nevvs 823 232 F1.lX SrY:cer Ci;:mr·lol Starz. Or1 Dernand 622 r,~usic Cl\(:>it:P: H1Ys 858 Srr~:tpNet 824 240 St~·WZ 623 ~>Jtt:t:til.: Chc;co: 70's 859 l/,~tlme Reui VVomen 825 Un1vis.ton/\-VXTV 241 Stnr."! E(Jr;e 624 Musn; CJ~;-~\ce· Svlid Goi.:~ Olofos. 860 Ulil'~lfl«! Sat!llttal 827 T~~lotr /il'"itn;y ~H·' :::s:p'Bf"i<>l ;-~up~.:rGant~:· Cn;t~-,4'± ~"ukHT,Icn:.:· C·u!t~'tt M·;;>;.: CF:-I:tma;.;· S;J·'>-Dw~:.rnt> On ~.. ~_:)n:; Mnx S:·H·, ~.~if'l'r·e St;o'.n. tirnt~ DhJViCHW 916 -.'@ l\1ax 540 GMl\Pn1oy 452 fo' College Spoii.S Mantic 917 5 Star Max 542 GMA U'e 453 Fox College Sports Ccntr,ll 918 Outor Max 543 GMA DlflB Rar!io 454 Fox Co!legH Sports Pacific 921 S.t~owtin~e 544 GMA DWLS Radio 455 rfli'PIS ChaPnel 922 Sho\:'Vt.in:e 'Too 545 NGrv· {GrHek) 456 f'UFI 923 St 4t4 Time Warner Cables Attachment C Proof of Performance Headend Test Time Warner Cable Hudson Valley -On file wi th PSC- 2778 State Route 52, Liberty, NY 12754 845-695-9625 1145-292-1656 (fax) Time Warner Cable ~ EXHIBIT 3 277 tate Route 52, Liberty, Y 12754 45-695-9625 45-292-1656 (fax) Woodsto-ck Times PO Box3329 . Kingston, NY 12402 Affidavit~ of. Publication State of New York County of Ufsfer TobiWatson · being duly ~worn. deposes·and says thai she is the legal Notice rrianager of a newspaper printed in Wappingers Falls and published in Kingston, New YQrkand County of Ulster aforesaid entitled Woodstock Times and lhat a notice, of which the annexed is aprinted copy, has been dufy and regularly published----'-~- times. each week. tor consocufive weeks, -commencing with issue l.f6 · on Alov:.rdoef ().fo c:w9 -~~ . Subscribed and swom to before me, this ·\ b-Th day of ~ 5'- . . lEGAl NOTICE .FEBRUARY 1% 'Notice of Formation of MARCH2% Dr. Joseph]. Muelle~· a limited liability Company APRIL 3% !LLC): Name: CHET-5 EN MAY4% TERTAINMENT, LLC, Articles According to Section 987 ot Organization filed with the of the Rea! Property Tax law, a OPTOMETRIST Secretary of State of New York $1 .00 fee shall be charged for (SSNYJ on 11/25;2008. Office each notice of unpaid taxes. 382 Main Street • Saugerties, NY ( location: Ulster County. SSNY PLEASE TAKE FURTHER nas been designated,as agent NOTICE. that· pvrsuant . to . the 84-5·246iit28:Y2 of the LLC upon whom process provisions of the law, the tax agairlstifmay be saved. SSNt roli b lt.e 'iMD of~ shaH ITiaia eovy al ~ m: d be ~ lG f;e CeT.dy N; C/ 0 CHIT-5 ENTERTI\f'MNT. 'freast."!CrClfh?:Ccut:tci~ ··Compreh-ensive Eye Exams LLC . P.O. Box367. Woodstocl<. at tr.e ~at me Cclec NY 12498. Purpose: Nr.y Law tor's Warrant for 2009. Non Surgical Treatment Qf Eye Dis~es I ful Purpose. Latest date upon Dated: January 5, 2009 which LLC is to dissolve: No Jacquelyn E. Earley PI specific date. Town Clerk/Collector of Co-Management of Laser Taxes LEGAL NOTICE Town of Woodstock Refractive Surgery. The Office Of The Under signed LLC, filed on J.une 7, lEGAL NOTICE 2007 with The New York State Notice of formation P Diabetic &. Hypertensive Department of State to conduct Times · 3 llC art. of org. any lawful business activity, tiled Secy. of State NY !SSN'?l Preventive Eye Check-ups commenced business at P.O.B. 11/25/08. oo: lcic. in Ulster 104,-Bearsville, NY 12409. Co. SSt'-.'Y designated as agent Prescription · · ofLLC upon Whtimptocess may -·-.-· LEGAL NOTICE be served. SSNY shalf mail copy NOTICE OF QUALIFICATION ofprocessto:ThetLC, 99West Eyeware/Contact Lenses OF EMN REALTY, LLC, a limited Camp Rd, PO Box 42.. · West liability company organized un- Camp, NY 12490. Purpose: www. drjoe. optometry. net der the laws of Delaware whose Any lawful purpose. .. Certificate of Formation was tiled on November 21, 2008 LEGAL NOTICE with the Delaware Secretary of Please take notice that the State. An Application for Author Woodstock Planning Board has ity to do Business in New York scheduled the following public State was tiled with the New York hearings for Thursday, January Secretary of State on December 15, 2009 at the Town Offices, 10, 2008. Its office is located 45 Comeau Drive, Woodstock, in Ulster County. The Secretary NY: of State has been designated as 7:30PM OSTROW, JESSE agent upon whom process may & LINDA, SUP#08-352A: Public be served and shall mail a copy hearing on modifications to a of any process served on .him house approved by the Planning or her to 132 Flatbush Avenue, · Board in 2004 in the scenic Kingston,NewYork 12402. The overlay off Mt. Guardian Road address of 1ts Delaware office in Shady; s;bf] 15.004-4-19; is 2711 C.~ntrevjlle .Roa<,l,. Suite Rep: Bob Young 400, Wilming-tori, Delaware 8:30 PM HECHT, £SME & 19808. Its business is to en- WAITS, ALEXIS , PB#OB-1149: gage in any lawful activity. Public hearing on 2-!ot subdivi sion at 90 Purdy Hollow Road LEGAL NOTICE in Woodstock; ReQ: Colin Notice of Receipt of Tax Roll Houston · and Warrant . By Order of the Wqodstock PLEASE TAKE NOTICf thatl, Planning Board . · Jacquelyn E. Earley. Town Clerk/ December 18, 2008 Collector of Taxes in the Town of Woodstock, County of Ulster LEGAL NOTICE and State of New York, have Public Hearing Notice received the tax roll and warrant The Town Board of Wood for the collection of taxes within stock at a meeting held on the Town of Woodstock for the December 16,2008 resotved to year 2009 and that I will attend schedule a public hearing on the at the Town Clerk's Office, 45 Franchise agreement between Comeau Dr., Woodstock, NY, the Town of Woodstock; New Monday through Friday from York and Time Warner, NY Cable 9:00 am until 5:00 pm for .the LLC. The Public Hearing will purpose of receiving taxes on be at 8:00pm on January 16, the said roll. 2009 at the Community Center PLEASE TAKE FURTHER 56 Rock Ctty Rd., Woodstock, NOTICE that taxes may be paid NY. h on or before January 31 , 2009 By OrdJJ of the Town without interest. On all taxes Board ' received after such date, there Town of Woodstock shalf be added the following Jacque.lyn £. Earley, Town interest: Clerk Time Warner Cable* EXHIBIT4 2778 tate Route 52, Liberty, NY !2754 845-695-9625 845-292-1656 (fax) Time Warner Cable April 4, 2011 A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State of New York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 INDEX TO FRANCHISE l . CSEINITIO~ i TERMS DEFAULT, REVOCA~I N, ~·) . 0 :-:EVE Ri\.R T I, T T Y. J. () • ll. 1 :z .. r) SYSTEM SPECifiCATIONS 13.C 14.0 SYS~EM MAINTENA~CE AND R~PAIR 1 ,_. .:. .. ) . .1 .. 6. () MUNICIPAL AND SCHOOL SERVICE '7 ' . l?3\.P .. 1' I \l SPEC FRANCHISEE'S Time Warner Cable Apn.l 4, 2011 ') C, MUNI "PAw EMERGEKCIES PAR~ VI GCAHANTEE OF FRANCHISEE'S PERFORMANCE FRANCHISE P~OVISIONS ? ') ,,) .. J • APPROVAL F THE COMMISSION Tima Warner Cable April 4, 2011 4 A FRANCHISE RENEWAL AGREEMENT ;13etw~en- the Town of Woodstock 1 Ulster County, State of New York and Time Warner NY Cable LLC WHEREAS, o:J.rsuaJ1:: regulating ~ e J~e of its s reets, 1 WHEREAS, interesc 1 having prev sly se~ured t~e per~issio~ of the (_:,].I'() 'd ~"t_ •..·:i 3 'Lll.-~. \3 c~ r 1.~l .r:_· !: a. r1 c: l1 i s (_:; reement, has petitioned the Ivf'lJ r1 .. L c~ i .. r.:;a 1 .L t ~l f ::.) r ;a_ :r.:·en.l:.?-1/J (::i 1 f such f~anchise; and, - . ' WHEREAS, th,-:: fv1 1Jnicipa1 it'/ :1nd F'ra;,:·::bisecr::: h'e;ve c: c rn_s: .:... .. L E~ cJ ·vll th all Federal and State-mandated proceduraJ. and t: is franchise rene1..;al; c:n:d, WHEREAS , '- h (:_- I'l u n i. c lity has approved, after consideration i.. n a f 'lJ .l.l 1 .i. (:: f) r: () c E::: e..:c1 :i. rJ <~~ a. .f .f ._c{J .-i :rt (_J ci_1J.z·.::: F·; .r C-· (·; r::: s E~ , t: f1 t:: haracter, f nancia: condition, and technical abJlity of WHEREAS , ci. u r i. r1 <:J s El i .. :3 various proposals of the parties for constructing, rralntainj.r:g, i~provir1g, and operating tho cable system described herein were c c..·. :~: ~3 cl c·: .r:· (:; cJ L·: ri r.:.:i .·f c:. 'J. n (i. ,_j t~ ~·:·:~ (-::t r x,_.·.-J f. t~ a ti j ... t\ 1 ;;:: ; ~:··.1 r1 cl , ~ below, is non- THEREFORE . Sta!e Time Warner Cable April 4, 2011 5 such signals as may be required to be on basic service to by Federal law; any public, educational, and governmental access programming required in this Franchise, and additional signals may be added to the basic service by Franchisee. The Municipality and Franchisee agree as follows: 1.0 DEFINITION OF TERMS 1.1 "Area Outage": a total or partial loss of video and/or audio carried on the "cable system" in a location affecting five or more subscribers. 1.2 "Cable Service": shall have the meaning provided in Federal law. 1.3 "Cable System": (herein also referred to as "System") shall have the meaning provided in Federal law. 1.4 "Capability": the ability of the "Franchisee" to activate a described technological or service aspect of the "cable system" without delay. 1.5 "FCC": the Federal Communications Commission, its successors, and any successor thereto. 1.6 "Franchise": the rights and obligations described in this document, and used interchangeably with the term "Agreement". 1.7 "Franchise Fee": the fee paid by the "Franchisee" to the "Municipality" in exchange for the rights granted pursuant to the "Franchise." 1.8 "Franchisee": Time Warner NY Cable LLC, and its lawful successors and assignees. 1.9 "Gross Revenues": The total annual revenue derived by Franchisee from subscription payments (including payments made for pay television and pay-per-view services) paid to "Franchisee'' by all subscribers resident within the Municipality for video programming cable services provided by "Franchisee" and collected by or on behalf of "Franchisee", and revenue received from the sale of advertising on cable services and home shopping channel commissions received by Franchisee for carriage A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner l'v'Y Cable LLC Time Warner Cable April 4, 2011 6 of home shopping cable services on the system, but not including amounts collected by "Franchisee" from subscribers for state and federal regulatory fees, taxes, franchise fees, or capital costs associated with public, education and government access that may be required by this "Agreement". Franchisee shall calculate the amount of Gross Revenues in accordance with generally accepted accounting principles ( "GAAP") (insert method of calculation of ad revenues). Revenues from advertising and home shopping cable services shall be allocated to the Municipality based on the number of basic cable subscribers in the Municipality divided by the number of basic cable subscribers who receive the advertising or home shopping cable service. 1.10 "NYSPSC": the New York State Public Service Commission or any successor State agency with similar responsibilities. 1.11 "State": the State of New York. PART I THE FRANCHISE 2.0 GRANT OF FRANCHISE 2.1 Franchisee is hereby granted, subject to the terms and conditions of this Agreement, the non-exclusive right, privilege, and authority to construct, operate, and maintain a cable system within the streets, alleys, and public ways of the Municipality in order to provide cable service. The grant of this Franchise is non-exclusive. 2.2 Franchisee may erect, install, extend, repair, replace, and retain in, on, over, under, or upon, across and along the public streets, alleys, and ways within the Municipality, such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the System in conformance with the Municipality's generally applicable local laws, ordinances, rules and regulations. 2.3 Nothing in this Agreement shall be deemed to waive the requirements of the various generally applicable codes and ordinances of the Municipality regarding permits, fees to be paid to the Municipality for permits or construction, or the manner of construction. A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County. State ofNew York and Time Warner NY Cable LLC · Time Warner Cable April 4, 2011 7 2.4 No privilege nor power of eminent domain shall be deemed to be bestowed by this Agreement other than that conferred pursuant to statutory law. 3.0 NON-EXCLUSIVE NATURE OF THIS FRANCHISE 3.1 This Agreement shall not be construed as any limitation upon the right of the Municipality to grant to other persons rights, privileges, or authorities similar to the rights, privileges, and authorities herein set forth, in the same or other streets, alleys, or other public ways or public places. The Municipality specifically reserves the right to grant at any time such additional franchises for this purpose as it deems appropriate; provided, however, that such other franchises be upon similar terms and conditions, and include similar burdens and obligations, as contained in this Agreement. 3.2 Notwithstanding any other provision in this Franchise: In the event any change to local, state or federal law occurring during the term of this Franchise eliminates the requirement for any persons desiring to construct, operate or maintain a cable system in the Municipality to obtain a franchise from the Municipality for the construction, operation or maintenance of a cable system, then, Franchisee shall have the right to terminate this Franchise and operate the system under the terms and conditions established in applicable law. If Franchisee chooses to terminate this Franchise pursuant to this provision, this Franchise shall be deemed to have expired by its terms on the effective date of any such change in law, whether or not such law allows existing franchise agreements to continue until the date of expiration provided in any existing franchise. Franchisee shall remain subject to all applicable laws and regulations with respect to abandonment of service. Furthermore, in the event any change to local, state or federal law occurring during the term of this Franchise materially alters the regime of cable franchising applicable to any persons desiring to construct, operate or maintain a cable system in the Municipality in a way that reduces the regulatory or economic burdens for such person, then, at Franchisee's request, the Municipality shall agree with Franchisee to amend this Franchise to similarly reduce the regulatory or economic burdens on Franchisee. It is the intent of this section that, at Franchisee's election, Franchisee shall be subject to no more burdensome regulation or provided lesser benefits under this Franchise than any other persons that might construct, operate or maintain a cable system in the Municipality. To the extent any acts pursuant to this section result in an amendment to the A FRANCHISE RENEWAL AGREEMENT between the Town a_( Woodstock, Ulster County, State o(New York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 8 Franchise, any such amendment shall be subject to such approval by the NYPSC as required by law and regulation. 4.0 TERRITORIAL LIMITS 4.1 The rights and privileges awarded pursuant to this Agreement shall relate to and cover the entire present territorial limits of the Municipality. In the event that any area outside the territorial limits of the Municipality is annexed during the term of this Agreement, the Franchisee shall be authorized to serve such area and, at its option, may extend service therein under the same general terms and conditions that exist in this Agreement. 5.0 FRANCHISE SUBJECT TO LAW AND REGULATION 5.1 All terms and conditions of this Agreement are subject to Federal and State law and to the rules and regulations of the FCC and the NYSPSC. 5.2 All terms and conditions of this Agreement are subject to the approval of the NYSPSC. 5.3 All rights and privileges granted hereby are subject to the police power of the Municipality to adopt and enforce laws, rules and regulations necessary for the health, safety and general welfare of the public. Expressly reserved to the Municipality is the right to adopt, in addition to the provisions of this Agreement and existing laws, rules, and regulations, such additional laws, rules, and regulations of general applicability to all business entities as it may find necessary in the exercise of its police power; provided, however, that such additional laws, rules and regulations are reasonable, properly within the authority of the Municipality to enact, not materially in conflict with the privileges granted in this Agreement, and consistent with all Federal and State laws, rules regulations and orders. 5.4 Within sixty (60) days of receipt of formal notification of the Municipality's approval of this Franchise, Franchisee shall file a request for certification of this franchise with the NYSPSC and shall provide the Municipality with evidence of such filing. 5.5 The Supervisor, or other person as designated by the Municipality, shall have responsibility for the continuing A FRANCHISE RENEWAL AGREEMENT between the Town a_( Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 9 administration of the rights and interests of the Municipality under this Franchise. Notwithstanding the foregoing, however, any award or denial of a franchise, revocation, termination or final notice of default shall require vote of the Municipality's governing body. 6.0 CONDITIONS ON USE OF STREETS AND PUBLIC GROUNDS 6.1 Any work which requires the disturbance of any street or which will interfere with traffic shall be undertaken in accordance with the generally applicable ordinances, local laws and regulations of the Municipality. 6.2 No poles, underground conduits or other wire-holding structures shall be erected by Franchisee without any generally required approval of the appropriate municipal official through established permit procedures to the extent that same now or hereafter may exist, with regard to the location, height, type and any other pertinent aspect of such wire-holding facilities; provided however, such approval may not be unreasonably withheld or delayed. 6.3 Provided there is an offer of dedication of public ways to the Municipality, which guarantees that such streets and other public rights of way within a planned residential subdivision in which Franchisee will provide service will become publicly owned and under the exclusive control of the Municipality, Franchisee shall install its cable and other underground facilities at the same time as the public utilities, such as telephone and electric. Franchisee shall not be subject to this requirement in the event that it cannot obtain consent from the developer to access its property. 6.4 All structures, lines and equipment erected by Franchisee within the Municipality shall be so located as to cause minimum interference with the proper use of streets, alleys, easements and other public ways and places, and to cause minimum interference with rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. If available on reasonable terms and conditions existing poles, posts and other structures of the electric power company or any telephone company or any other public utility which may be available to Franchisee shall be used to the extent practicable in order to minimize interference with travel. Where both power and telephone utilities are A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 10 placed underground, Franchisee's cable also shall be placed underground. 6.5 Franchisee shall have the right and authority to remove, trim, cut, and keep clear trees and bushes upon and overhanging all streets, alleys, easements, sidewalks, and public places in the Municipality to the minimum extent necessary to keep same clear of poles, wires, cables, conduits and fixtures utilized in its System. 6.6 In the case of any disturbance of pavement, sidewalk, driveway or other surfacing, Franchisee shall, at its own cost and expense {to the extent other users of the rights-of-way are required to do so at their own expense) and in accordance with the generally applicable local laws and ordinances, rules and regulations, and within ten (10) business days of completion, replace and restore such pavement, sidewalk, driveway or surfacing so disturbed to as good a condition as existed before said work was commenced. In the event that any municipal property is damaged or destroyed by Franchisee, such property shall be repaired or replaced by Franchisee within ten (10) business days and restored to as good a condition as existed before said work was commenced. All such repair or replacement work shall be performed to the reasonable satisfaction of the Municipality. 6.7 All structures and all lines, equipment and connections, in, over, under and upon streets, sidewalks, alleys and public ways and places of the Municipality, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, and substantial condition, and in good order and repair. 6.8 In exercising rights pursuant hereto, Franchisee shall not endanger or interfere with the lives of persons, nor interfere with any installations of the Municipality, any public utility serving the Municipality or any other person permitted to use the streets and public grounds, nor unnecessarily hinder or obstruct the free use of the streets and public grounds. The grant of this Franchise does not establish priority for use over other present or future permit or Agreement holders or the Municipality's own use of the streets and public grounds. The Municipality shall at all times control the distribution of space in, over, under or across all streets and public grounds that are occupied by the System. All rights granted for the construction and operation of the System shall be subject to the continuing right of the Municipality to require such A FRANCHISE RENEWAL AGREEMENT between the Town a_{ Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 11 reconstruction, relocation, or change of the facilities and equipment used by Franchisee in the streets, alleys, avenues, and highways of the Municipality, as shall be reasonable under the circumstances and necessary in the public interest. 6.9 Nothing in this Agreement shall hinder the right of the Municipality or any governmental authority to perform or carry on, directly or indirectly, any public works or public improvements of any description. Should the System in any way interfere with the construction, maintenance, or repair of such public works or public improvements, Franchisee shall, at its own cost and expense (to the extent other users of the rights of-way are required to do so at their own expense) and, protect or relocate its System, or part thereof, within ten (10) day notice or as reasonably directed by the Municipality. 6.10 Upon notice and payment as set forth herein by a person holding a building or moving permit issued by the Municipality, Franchisee shall temporarily raise or lower its wires or other property or relocate the same temporarily so as to permit the moving or erection of buildings. The expenses of any such temporary removal, raising or lowering of wires or other property shall be paid in advance to Franchisee by the person requesting same. In such cases, Franchisee shall be given not less than five (5) working days prior written notice in order to arrange for the changes required. 6.11 With the exception of routine maintenance, the Franchisee shall give notice to the Municipality and to the residents and commercial establishments in the vicinity of proposed construction, excavation, laying or stringing of cable under streets or on poles for projects more than 1,500 feet, not less than three (3) calendar days before the commencement of such work. 7.0 ASSIGNMENT OR TRANSFER OF FRANCHISE 7.1 No change in control of Franchisee, or this Franchise shall occur without the prior written consent of the Municipality, which consent shall not be unreasonably withheld or delayed. 7.2 At least one-hundred twenty (120) days before a proposed change of control or transfer requiring consent is scheduled to become effective, Franchisee shall petition in writing for the Municipality's written consent of such proposal. If the Municipality fails to render a final decision on the A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 12 request for a change of control within one-hundred twenty (120) days after receipt by the Municipality, such request shall be deemed granted unless the Franchisee and the Municipality jointly agree to an extension of time. 7.3 The Municipality may consider the following in determining the ability of the proposed assignee or transferee to meet the obligations of the Franchise hereunder and in deciding whether to grant the petition: a) the experience of proposed assignee or transferee; b) the managerial and technical qualifications of proposed assignee or transferee; c) the legal integrity of proposed assignee or transferee; d) the financial ability and stability of the proposed assignee or transferee; e) the commitment of the proposed assignee or transferee to comply with the terms of this Franchise. 7.4 Franchisee's written petition shall be filed with the Municipality using FCC Form 394, or such similar form as hereinafter may be provided by the FCC for such purposes, and such other information as is required pursuant thereto. Franchisee shall also supply, if so requested by the Municipality, such other information that may be reasonably requested in connection with its review of the transfer or assignment. 7.5 In the event that the Municipality refuses to grant the aforementioned petition, it shall set forth the specific reasons for its decision in writing by municipal resolution. 7.6 No consent from the Municipality shall be required for a transfer in trust, mortgage, or other instrument of hypothecation, in whole or in part, to secure an indebtedness, or for a transfer to a corporation, partnership or other entity controlling, controlled by or under common control with the Franchisee. In the event of such transfer, Franchisee shall provide reasonable notice of the new entity holding the Franchise in the Municipality. 8.0 DEFAULT, REVOCATION, TERMINATION, ABANDONMENT 8.1 The Municipality may revoke this Franchise and all rights of Franchisee hereunder for any of the following reasons: a) Franchisee fails, after sixty days (60) prior written notice from the Municipality, to comply or to take reasonable A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 13 steps to comply with a material provision or material provisions of this Agreement; or b) Franchisee takes the benefit of any present or future insolvency statute, or makes a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, or files a petition or answer seeking an arrangement or reorganization or readjustment of its indebtedness under Federal bankruptcy laws or under any other law or statute of the United States or any state thereof, or consents to the appointment of a receiver, trustee or liquidator of all or substantially all of its property, or is adjudged bankrupt by order of decree of a court, or an order is made approving a petition filed by any of its creditors or stockholders seeking reorganization or readjustment of its indebtedness under any law or statute of the United States or of any state thereof; or c) Franchisee attempts or does practice a fraud or deceit in its securing of this Franchise; or d) Franchisee practices fraud or displays repeated negligence in the accurate reporting of information to the Municipality, including but not limited to information pertaining to Franchisee's calculation of the Municipality's franchise fee; or e) Franchisee fails to pay any legally owed taxes or fees due the Municipality, unless the amount of such payment is part of a good faith dispute; or f) Franchisee fails to maintain adequate insurance as specified in Section 19 of this Agreement; or g) Franchisee fails to obtain the prior approval of the Municipality for transfer or assignment of the Franchise pursuant to Section 7 of this Agreement. 8.2 Notwithstanding the above, no default, revocation or termination shall be effective unless and until the Municipality shall have adopted an ordinance or resolution setting forth the cause and reason for the revocation and the effective date thereof. Such ordinance or resolution shall not be adopted until after the expiration of sixty (60) days prior written notice to Franchisee and a reasonable opportunity for Franchisee to cure the alleged violation, or provide a cure plan that reasonably satisfies the Municipality. If Franchisee has failed to cure after the expiration of said sixty (60) day period or fails to provide a cure plan that reasonably satisfies the Municipality, the Municipality may promptly schedule a public hearing no sooner than fourteen (14) days after written notice to the Franchisee. Franchisee shall be provided an opportunity to offer evidence and be fully and fairly heard at said public A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 14 hearing held on the proposed adoption of such ordinance or resolution. 8.3 In no event, and notwithstanding any contrary provision in this section or elsewhere in this Agreement, shall this Agreement be subject to default, revocation or termination, or Franchisee be liable for noncompliance with or delay in the performance of any obligation hereunder, where its failure to cure or to take reasonable steps to cure is directly attributable to formal U.S. declaration of war, government ban on the affected obligation, U.S. government sponsored or supported embargo, civil commotion, strikes or work stoppages fires, any acts of God or of nature, or other events beyond the immediate control of Franchisee. 8.4 In the event of such circumstances as described in 8.3, Franchisee may be excused from its obligations herein during the course of any such events or conditions, only upon notice to the Municipality. Such notice shall include clear evidence as to how such events have prevented Franchisee from meeting its obligations. The time specified for performance of Franchisee's obligations hereunder shall extend for such reasonable time thereafter as may be appropriate in the circumstances. 8.5 Franchisee shall not abandon any service or portion thereof required to be provided pursuant to the terms of this Agreement without the prior written consent of the Municipality. 8.6 Upon expiration without right of renewal, termination or revocation of this Franchise, Franchisee, at its sole cost and expense and upon direction of the Municipality, shall remove the cables and appurtenant devices constructed or maintained in connection with the services authorized herein, unless Franchisee, its affiliated entities or assignees should, within six (6) months after the latter of such expiration, termination or revocation or a final decision of a court or other government entity having appropriate authority rejecting a challenge to such termination or revocation to obtain certification from any other federal or state authority to provide cable service. 9.0 SEVERABILITY 9.1 Should any other provision of this Agreement be held invalid by a court of competent jurisdiction or rendered a nullity by Federal or State legislative or regulatory action, A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 15 the remaining provisions of this Agreement shall remain in full force and effect. 10.0 EFFECTIVE DATE AND TERM 10.1 The effective date of this Agreement shall be the date this Agreement is granted a certificate of confirmation by the NYSPSC. 10.2 The term of this Agreement shall be ten (10) years from the effective date. PART II THE SYSTEM 11.0 COMPLIANCE WITH FEDERAL AND STATE LAW AND REGULATIONS 11.1 Franchisee shall comply with all applicable federal, State, and, to the extent not inconsistent with the terms of the Franchise, local laws and regulations pertaining to the construction, erection, installation, operation, maintenance, and/or repair of the System, including the regulations of the FCC and the NYSPSC, federal and State occupational safety and health regulations, and applicable codes including the National Electric Code, and National Electric Safety Code, all as may now exist or hereinafter amended. In addition, the System shall meet or exceed all applicable technical and performance standards of federal and State law, including those of the FCC and the NYSPSC, as now exist or hereinafter amended. 12.0 SYSTEM SPECIFICATIONS 12.1 Subject to federal and State law and the rules and regulations of the FCC and NYSPSC, and subject to the System's capability of providing the services and facilities prescribed in this Agreement, the technical design of the System serving the Municipality shall be at the option of Franchisee and as further described in this section. 12.2 All such construction and any subsequent maintenance, repair, or improvement of said System shall use materials of good and durable quality and shall be performed in a safe, workmanlike, thorough, and reliable manner. 12.3 Franchisee's System shall provide for a minimum channel capacity of not less than 73 channels on the effective A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 !6 s available to scbscribers, subject to thP rights and cbliqa j_ons gra ted and impos c: <) r: '~71: 1:::, L c: d .L y· ~> :-:-1 <:·~ t i ('~' ~·::i }) .1. ~:.::; , :L .n !.:~ 1 Fta~chisee's riqht to -~:· C> r·1 s .t ci ~:... :_, .:~·· ~ () 1ll .~-~ 1.. .:;. c: I."' .;:i ~~::.: r :~ .. \) r1 :.::~ rr:.a :1 ·~ !:.3 (~ <.'.)fr!Irt t:? ..C (:: :i. :3 .1 ... l. \/ c ;~·1 s r:~ (·:t ~o f~ r t c~ () f r: (~·: t ... 1 .. ::· .n c· n ·i. : ·l •,.: ~~: .s L :r; f:~ tl t: f c.·> ~J t ... ::1 q r::: s c: .~1 ti :-:. ~.;:_:.. ci t h <7:: t.l ·t .i I. .it. ~y· corrroany. The stan powering equipment L" f~; ~l (~ ..:::· S :i. () r1 t (J t h ~2 .~~\ (·: f.> .::J V.J f; r U f~ () rl r t:::: ~3 ion of AC power ser ~ce. ~.1 i"ic~~ c:cJ·; ..:.:iF.>fnE·n.t t:J.lSC) ~.3i1.-.~~11l. 1)(:':· s as ~o p~event the s·t.~1J''l(Jt'~_'y" f~-(')t~-JC~r S()Ut::cc:; .f!."().ffi ~)Ol·/JC.~ri.nc; a ''ci£:::a.cl'' t1ti.1..-Lt:/ 1ir~e. 12.5 The design and construction of thP System will include substantial utilization of fiber 'y' • 13.0 SYSTEM PERFORMANCE STANDARDS 13.1 All signals ca ried the System shall be transmitted \V ..L t }] d C·f:: c) f L e c~hr1 i c: r.~i 1 r..JU .a.l.i t ··/ r1o t 1 E-:: 3 s t h.~:.:1 r1 t1~l at t;:~ r 0_: s cr i .t1e c.1 s and regulations of the federal and state r gulatory agencies having jurisdicti.on. 13.2 ration of the System shall be such that no 14.0 SYSTEM MAINTENANCE AND REPAIR 14.1 14.2 id ad .1 FR.A;'vClilSE RHVEWiL ACRLE,I!!EVJ"bervreen tin: [i)~:".tl Firm; Wi1rna NY Time Warner Cable April 4, 2011 17 Franchisee shall do so at such time and in such manner as will reasonably minimize the inconvenience to subscribers. 14.3 Franchisee shall have a local or toll-free telephone number so that requests for repairs or adjustments can be received at any time, twenty-four (24) hours per day, seven (7) days per week. 14.4 The response of Franchisee to such requests shall be in accordance with Federal and State law and regulation at a minimum and, at all times, commensurate with Franchisee's responsibility to maintain service to each subscriber with the degree of quality specified herein. PART III -- THE SERVICE 15.0 GENERAL SERVICE OBLIGATION 15.1 Franchisee shall provide service within the Municipality upon the lawful request of any and all persons who are owners or tenants of residential property within the Municipality, subject to the following: a) With the exception of customized installations, all residential structures located along public rights-of-way served by aerial plant within the territorial limits of the Municipality and situated within one-hundred and fifty (150) feet from the trunk or feeder cable shall receive such service at the standard installation charge. b) All commercial structures within the territorial limits of the Municipality shall be able to receive such service, provided the owners or tenants of such structures, and such structures themselves, meet the reasonable requirements and conditions of Franchisee, including any line extension charge for the provision of said service. c) Franchisee shall extend the System to serve all areas of the Municipality along public rights-of-way which have a density of twenty (20) homes per linear mile of aerial cable or greater, or areas with less than 20 homes per linear mile of aerial cable where residents agree to a contribution-in-aid-of construction as per the standards established in Section 895.5 of the rules and regulations of the NYSPSC. d) In addition to the extensions described in §15.1c, Franchisee shall extend the existing System along and within the Town's rights of way, without a contribution-in-aid-of construction, within the first five (5) years of the renewal agreement, approximately six (6) miles of cable plant; which A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 18 tho Town, in ~riting, cr or to 15.2 lirn.'.i"t tbf-~ ffc,:r ,::r· pr·ovLde bu.Lk ral:. rJi.s.·.:o:. .tnts 16.0 MUNICIPAL AND SCHOOL SERVICE 16.1 Franchisee shall provide cne (l)standard installation 0 basic cable television secvi~e without monthly se~vice cha 1) receiver location in each municipal ff.Lc·e buildinq, ic school, and library passed by its system, subject to the applicab.:.e rules and reg lacions cf t1H? F'CC and the NY~3PSC, ElS sE::t fc)r·t}1 t)f: C>l:J .. Where Franchisee 1s serv the area b~t the premises to connected with an aerial ir1stallation is located more than 150 feet from the nearest trunk or feeder cable, the cost of the aerial cable instaJlat on beyond 150 feet will be paid by the ient its actual cost. Such co .st. s sh2ll be j,_ E'·;n :n writing, before instal ation is l~s l.. :st.-:.~ci in th.is reement, the t rms: the New Yc~k State Beard of e. ts pursuant to the ew York Sd~ca ion Law; dnd A FHiLVCH i';,E R ENi.' fV4I A (tfUiEMElv7" heihecn rhe liw.11 and W,zrncr iVY Time Warner Cable April 4, 2011 19 lG.2 T~e Franchisee Wl f t~is Fra~chis . pal..icy Center, inc~udlng the temperat re, allow the p oper functioning of _16.4 t;]h,(::rl {:.tr.;_,:j .if :~t ~)\?c:c:n:E~s ~·1i:.. ;c~(:;s;_:;~·~"tl.'_~y' fr:)_r· :~.h~~~ i'-"1ilJ1Li··::i.r:c1.l . .:Lt~'/ c rn(:>\?C: :Lt~s CJ.')f:.rati(>rt tc) a~n<~-thc: .. !~ [).".r\.)qrttrn _i_r"Js~?r·t. .i()n l()C~.::1'tio:n ~~·JitY~.in LY'l ('?; c c: ~-: 't.l~· ci l :.~. c:rrn.rnf~ r c: _.i_ t:l.l ,;'J ..i. s t ric: t. c.: f t 11 e rr ()\'ifl () f ~~~o rJcis ·t ()(~ k s () t:.i s t Cl pe~mit the upstream inseLtions of access prograrr~ing o~ the system the course of this Cl9 r F.:? ein~= !1 t~ r,~:c:H1't r i L=:u. t ~?. (_:1 Clll (~ t. C1ITl() u I1 t () f $ 6 I 0 0 0 • 0 () ·~vi t. h t y~ e IT <)W!'1 respo~sible for all other costs. Also during che term of this tran:::hise Time ~'Jarner shaLl on a one: time basis make d\·ai1able upon request of the Town such technical ise as Franchisee's local staff may have t assist in preparing neered schematic design work, provide advice concerning equipment use and purchases training St3minar:s fr:)r sttJclic' use .in tr::e event the Tc'>Jn upgrades its exist facility, or moves to a new facil ty. 16.5 agCE';':~rnent c:nno:tc:r th•.::': s ()f Shandaken, Hurley' live ~1nd Vvc,o.:J:sc:ock, and by a.CJr':ernent i.)f the Onteora. School ' '- J strict, and w thin provisions of franchise renewals ..L t at:(i s.i the townships of Shandaken and Woodstock, Woodstock's cable sy tern t the upstream o::)r· 'i. (j .L r~~:-1 t. ·.L f ..rc::rn·~ t.h.E~ ther in each o~ the 17.0 PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS .L .1 4 FRA.VCHJSF .!-.'.ENE'WAL AGREE'vtElvT ih'twecn !he Town ~lii.ltt~cr Time Warner Cable April 4, 2011 20 regulations pertaining to non-commercial public, educational, and governmental (PEG) access to the System. 17.2 Control of any PEG channels provided on=Franchisee system in the Municipality shall be shared with other municipalities served by the system. Should Franchisee's policies be inconsistent with the standards established in Section 895.4 of the rules of the NYSPSC pertaining to non commercial governmental, educational or public access, such rules shall govern. 17.3 The Municipality may request and Franchisee shall on one occasion during the term of this Franchise install one (1) remote access return line for the transmission of upstream programming from the Town Offices at the Comeau property, or in the case of relocation to the address designated as the Town Offices provided such address is passed by Franchisee's system. Upon receipt of a written request, Franchisee shall install such return line within ninety (90) days. Such access return line shall be used for origination of non-commercial governmental and educational access programming by the Municipality for the benefit of Franchisee's subscribers in the Town. 17.4 The Franchisee shall provide capital contributions for video production equipment, for the Town's exclusive use, to be utilized exclusively for the production of education/government access programming. The value of the contribution shall not exceed Thirty Thousand Dollars ($30,000.). The list of equipment to be provided by the Franchisee is detailed in Exhibit B. Which amount shall be itemized on the customer's bills for the term of the agreement and distributed to the Municipality on the same schedule as the franchise fees. PART IV FRANCHISEE'S OBLIGATIONS TO THE MUNICIPALITY 18.0 FRANCHISE FEE 18.1 Franchisee shall pay to the Municipality during the term of this Agreement an annual sum equal to five percent (5%) of Franchisee's Gross Receipts for the preceding year. Such payment shall be made on a quarterly basis for the periods ending March 31, June 30, September 30 and December 31. Each such payment shall be due no later than forty-five (45) days after the close of each such period. A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 21 18.2 Each quarterly payment shall be accompanied by a report prepared by Franchisee setting out in detail the basis for the computation of the payment. 18.3 No auditor engaged by the Grantor shall be compensated on a success based formula, e.g., payment based on a percentage of an underpayment, if any. 18.4 Grantee shall not conduct an audit more frequently than once every three (3) years and may not audit any period earlier than six (6) years prior to the time the audit is conducted. 19.0 INDEMNITY AND INSURANCE 19.1 Franchisee shall purchase and maintain the following levels of general liability insurance during the term of this Agreement that will protect Franchisee and the Municipality from any claims against either or both which may arise directly or indirectly as a result of Franchisee's performance hereunder: a) Personal injury or death: $1,000,000 per person $1,000,000 per occurrence b) Property damage: $1,000,000 per occurrence c) Excess liability or umbrella coverage: $10,000,000. 19.2 Franchisee shall indemnify and hold harmless the Municipality, its officers, employees, and agents from and against all losses and claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description, resulting from bodily injury, property damage or personal injury to the extent caused by any act or omission of Franchisee, its agents, employees, contractors and subcontractors in the construction, operation, maintenance, service or repair of the cable system or any portion thereof, or of any failure to comply with any law, ordinance, or regulation, or by reason of any suit or claim for royalties, license fees, or infringement of patent rights arising from Franchisee's performance under this Agreement. Notwithstanding any provision contained herein and to the contrary, Franchisee shall have no obligation to indemnify or defend the Municipality with respect to any programming provided by the Municipality or from any claim to the extent arising from the Municipality's negligence. 19.3 Each insurance policy shall bear the name of the Municipality as an additional insured. A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 22 19.4 All Franchisee insurance policies and certificates of insurance shall stipulate that the coverage afforded under the policies will not be canceled until at least thirty (30) days prior written notice has been given to the Municipality. If any policy is canceled, it shall be replaced forthwith with insurance that meets the requirements of this Agreement so that there is no lapse in coverage. 19.5 Upon the effective date of this Agreement, Franchisee shall furnish to the Municipality certificates of insurance in conformity with the requirements of this Franchise, in a form reasonably satisfactory to the Municipality's attorney. 19.6 Franchisee shall obtain all insurance required pursuant to this Agreement from companies authorized to do business within the state of New York and approved by the Superintendent of Insurance, which companies shall maintain a rating of at l Best's A-. The Municipality may, at any time after reasonable notice, review Franchisee's compliance with the provisions of this Agreement. Should the certificates of insurance provided by Franchisee hereunder differ from accepted insurance industry forms, the Municipality shall have the right to review and approve such-certificates, provided such approval shall not be unreasonably withheld. 20.0 RATES AND CHARGES 20.1 Rates and charges imposed by Franchisee for cable television service shall be subject to the approval of the Municipality, the NYSPSC, and the FCC to the extent consistent with applicable State and Federal law. 20.2 Franchisee shall comply with all notice requirements contained in federal and State law, rules, and regulations pertaining to rates and charges for cable television service. 21.0 EMPLOYMENT PRACTICES 21.1 Franchisee will not refuse to hire, nor will it bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions, or privileges of employment because of age, race, creed, color, national origin, or sex. 22.0 MUNICIPALITY'S RIGHT TO INQUIRE ABOUT AND INSPECT SYSTEM A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 23 22.1 The Municipality, at any time, may make reasonable inquiries related to its regulatory responsibilities concerning the operation of the System. Franchisee shall respond to such inquiries within 30 days of the written request. 22.2 When repeated subscriber complaints cause the Municipality to question the reliability or technical quality of Cable Service, the Municipality shall have the right and authority to test or require Franchisee to test, analyze, and report on the performance of the System. Franchisee shall cooperate fully with the Municipality in performing such testing. The testing indicates that Franchisee's system is in compliance with applicable standards the cost of such testing shall be borne by Municipality. In the event that the testing indicates that Franchisee's system is not in compliance with applicable standards, Franchisee shall bear the costs of the testing. 22.3 The Municipality shall have the right to inspect all construction work in the rights-of-way subject to the provisions of this Agreement and to make such tests as it shall find necessary to ensure compliance with the terms of this Agreement and other pertinent provisions of law. 22.4 At all reasonable times and for the purpose of enforcement of this Agreement, Franchisee shall permit examination by any duly authorized representative of the Municipality, of all System facilities, together with any appurtenant property of Franchisee situated within the Municipality and outside of the Municipality if such property is utilized in the operation of the System serving the Municipality. 23.0 MUNICIPALITY'S RIGHT TO INSPECT FRANCHISEE'S BOOKS AND RECORDS 23.1 The Municipality reserves the right to inspect all books, records, maps, plans, financial statements and other like material of Franchisee relevant to Franchisee's compliance with the terms of this Franchise, upon reasonable notice and during normal business hours, subject to the provisions of Section 25.4. 23.2 If any of such information is not kept in the Municipality, or upon notice Franchisee is unable to provide the records in the Municipality, and if the Municipality shall A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 24 determine that an examination of such maps or records is necessary or appropriate to the performance of the Municipality's responsibilities under this Agreement, then all travel and maintenance expenses, in excess of one-hundred miles (100) miles per day, necessarily incurred in making such examination shall be paid by Franchisee. 24.0 REPORTS TO BE FILED BY FRANCHISEE WITH THE MUNICIPALITY 24.1 Upon request of the Municipality, Franchisee shall make available to the Municipality a copy of any technical, operational, or financial report Franchisee submits to the NYSPSC, the FCC, or other governmental entities that concern Franchisee's operation of the System in the Municipality, subject to the provision of Section 25.4. 24.2 Franchisee shall furnish to the Municipality such additional information and records with respect to the operation, affairs, transactions or property of the System and the service provided to the Municipality under this Agreement, as may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the Municipality in connection with this Agreement. 25.0 MANDATORY RECORD KEEPING 25.1 Franchisee shall comply with all record keeping requirements established by Federal and State law, rules, and regulation. 25.2 The Franchisee shall maintain a full and complete set of plans, records, and "as built" maps showing the exact location of all cable installed or in use in the Municipality, exclusive of subscriber service drops. 25.3 All records, logs, and maps maintained pursuant to this Agreement shall be made available to the Municipality or its designee during Franchisee's regular business hours upon reasonable request, subject to the provisions of Section 25.4. 25.4 If any of the records described in this Franchise are proprietary in nature or must be kept confidential under federal, State, or local law, upon written request by the Franchisee, such information shall be treated as confidential, and to the extent consistent with applicable law, such records shall be made available for inspection purposes only to those A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable UC Time Warner Cable April 4, 2011 25 persons within the Municipality who must have access to such information in order to perform their duties on behalf of the Municipality. 26.0 MUNICIPAL EMERGENCIES 26.1 Franchisee shall participate, to the extent required by law, rule or regulation in national or regional emergency alert Systems. Such facilities shall, to the extent required by law, rule or regulation, be made available to the Municipality on a shared basis with other municipalities in the region. 27.0 REPORTING REQUIREMENTS 27.1 Per Section 895.l(T}, any valid reporting requirements contained in the Franchise may be satisfied with system-wide statistics, except for reporting requirements related to Franchise fees and customer complaints. PART V FRANCHISEE'S OBLIGATIONS TO SUBSCRIBERS AND CUSTOMER SERVICE REQUIREMENTS 28.0 COMPLIANCE WITH FEDERAL AND STATE LAW AND REGULATION 28.1 Franchisee shall comply with all Federal and State laws and regulations that regulate Franchisee's customer service responsibilities. 29.0 EMPLOYEE IDENTIFICATION/TRAINING 29.1 Each employee of Franchisee entering upon private property, including employees of contractors and subcontractors employed by Franchisee, shall have on their person, and shall produce upon request, picture identification that clearly identifies the person as a representative of Franchisee. 29.2 Franchisee shall provide proper training for employees and shall institute policies and procedures that foster courteous and professional conduct. 30.0 MISCELLANEOUS PROVISIONS 30.1 Franchisee shall ensure that the subscriber's premises are restored to their pre-existing condition, within a A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 26 reasonable time, if damaged by Franchisee's employees or agents in any respect in connection with the installation, repair, or disconnection of Cable Service. The Franchisee shall be liable for any breach of provisions of this Agreement by its contractors, subcontractors or agents. PART VI GUARANTEE OF FRANCHISEE'S PERFORMANCE 31.0 PERIODIC PERFORMANCE EVALUATION SESSIONS 31.1 Upon thirty (30) day notification by the Municipality, Franchisee shall be prepared to participate in a meeting or series of meetings evaluating the performance of Franchisee under this Agreement. The timing of such performance evaluation sessions shall be solely in the discretion of the Municipality; however, each such session shall not be initiated sooner than one year after the close of a previously conducted performance evaluation session. All performance evaluation meetings shall be open to the public. 31.2 Topics which may be discussed at any performance evaluation session may include, but not be limited to, System performance, compliance with this Agreement and applicable law, customer service and complaint response, services provided, fees described in this Agreement, free services, applications of new technologies, and judicial, federal or State filings. 31.3 During review and evaluation, Franchisee shall fully cooperate with the Municipality and shall provide such information, and documents relevant to Franchisee's compliance with the terms of this Franchise, as the Municipality may reasonably need to perform its review. 32.0 EFFECT OF MUNICIPALITY'S FAILURE TO ENFORCE FRANCHISE PROVISIONS 32.1 Franchisee shall comply with any and all provisions of this Agreement and applicable State, Federal and, to the extent not inconsistent with this Franchise, local law and regulation. 32.2 Any claims arising out of any actual breach of this Agreement shall be effective from the date such breach is found to have commenced. Franchisee's responsibility to cure any such breach shall not be diminished by the failure of the Municipality to enforce any provision of this Agreement. A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC Time Warner Cable April 4, 2011 27 33.0 LEVEL TE:RMS 33.1 In the event that the Municipality grants one (1) or more franchise(s), or similar authorization(s), for the construction, operation and maintenance of any communication facility which shall offer services substantially equivalent to services offered by the System, it shall not make the grant on more favorable or less burdensome terms. If Franchisee finds that the agreement(s) granting said other franchise(s) contain provisions imposing lesser obligations or more favorable terms on the company(s) thereof than are imposed by the provisions of this Agreement, then Franchisee may petition the Municipality for a modification of this Agreement. Franchisee shall be entitled with respect to said lesser obligations or more favorable terms to such modification(s) of this Agreement are necessary to insure fair and equal treatment by this Agreement and said other Agreements. 33.2 In the event that a non-franchised multi-channel video programmer/distributor provides service to residents of the Municipality, the Franchisee shall have a right to request Franchise Agreement amendments that relieve the Franchisee of regulatory burdens that create a competitive disadvantage to the Franchisee. In requesting amendments, the Franchisee shall file a petition seeking to amend the Franchise. Such petition shall: i) indicate the presence of a non-franchised competitor(s); ii) identify the basis for Franchisees belief that certain provisions of the Franchise Agreement place Franchisee at a competitive disadvantage; iii) identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. Upon written receipt of a petition seeking such relief, the Municipality shall provide the Franchisee with an opportunity to be heard on its request for amendments to the Franchise. The Municipality shall not unreasonably withhold granting the Franchisee's petition and so amending the Franchise Agreement. 34.0 APPROVAL OF THE NYSPC 34.1 The terms of this Agreement, and any subsequent amendments hereto, are subject to applicable federal7 and state law, the Rules and Regulations of the FCC, the NYSPSC, and any other applicable regulatory body with appropriate jurisdiction. Further, the terms of this Franchise Agreement and any subsequent amendments are subject to the approval of the NYSPSC, and the FCC. A FRANCHISE RENEWAL AGREEMENT between the Town of Woodstock, Ulster County, State ofNew York and Time Warner NY Cable LLC rri.me \~farner Cablf'l Ar->.~·il 4 f 2011 l'own of\·.. I~oo. 9s,to. c}c_._··.. , .i'l /l By : . '>-!'~/{,:)., ( J \1 / -···----·- .. ./··· · ~ / ) \S.fporvisor Date:( / · /r('d'Y<.... r .-' , ·,- t)< l SJatc OFFICE OF THE TOWN CLERK PH: 845-679-2113 ext 4 ,Fax: 845-679-8743 E-mail: towaclerk@wo_Q!;;l.!Uockny.olg Website: http://www.woodstockny.org eo~e; at tk A'l14 TOWN OF WOODSTOCK. 45 COMEAU DRIVE, WOODSTOCK NY 12498 RESOLUTION 153-2011 AMEND TIME WARNER RESOLUTION Offered by Supervisor Moran, seconded by BE IT RESOLVED to amend Resolution #125-2011 , requesting Time/ Warner line build out pursuant to Franchise Agreement as follows: BE IT RESOLVED, pursuant to our current Franchise Agreement. Part Ill- The Service 15.0, to request that Time Warner Cable construct new cable on Mink Hollow Road for approximately 2.2 miles to the last ;_;;· driveway at the end of the road and on Hutchin Hill Road from approximately 333 Hutchin Hill Road for approximately .7 miles to the end of the road at Beech Ridge Path; and BE IT FURTHER RESOLVED, pursuant to our current Franchise Agreement, Part Ill- The Service 15.0, to request that Time Warner Cable construct new cable on Van Hoagland Road for approximately .4 miles; on Vicino Drive for approximately .2; on Mount Tobias Road for approximately .6 miles; on Cooper Lake Road for approximately .6 miles; on Keefe Hollow Rd for approximately 1.1 miles, and on Woodstock Saugerties Road from current end of service to the Saugerties Town Line, approximately .8 miles. The Town understands that this request is contingent upon the request being an extension of our existing cable plant and on the Town's rights of way. The Town also understands that this request and completion may take up to 12 months before activation. Time Warner Cable will advise the Town of the actual plant mileage constructed and if there are any problems or issues with their request. All voted 4-0: Supervisor Moran - aye Councilman Wenk - aye Councilwoman Magarelli - aye Councilman McKenna - aye STATE OF NEW YORK :SS: COUNTY OF ULSTER I, the undersigned Clerk of the Town of Woodstock, Ulster County, New York , DO HEREBY CERTIFY: THAT I have compared the attached proceedings of the Town Board of the Town of Woodstock including the resolution contained therein with the originals thereof on file in my office and that the same is a true and correct copy of the said original as recorded in the minutes of the Town Board meeting dated April 19, 2011 and fil ed in the Office of the Town Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Woodstock, New York this 20th day of April, 2011 . .// , ? c:? sEAL" •. . __ 1,~~i~~9~$------··- OFFICE OF THE TOWN CLERK ~ PH: 845-679-2113 ext 4 ,Fax: 845-679-8743 E-mail : [email protected] ~ Website : http ://www.woodstockny.org ~a& tkA'tU TOWN OF WOODSTOCK. 45 COMEAU DRIVE, WOODSTOCK NY 12498 RESOLUTION 283-2010 AUTHORIZE THE SUPERVISOR TO SIGN THE TIME WARNER CONTRACT Offered by Supervisor Moran, seconded by Councilwoman Rosenblum: WHEREAS the Town Board of the Town of Woodstock reconvened a public hearing on October 5, 201 0 for the purpose of soliciting public comment on the proposed Time Warner contract, and WHEREAS the public hearing was closed, now THEREFORE BE IT RESOLVED to authorize the Supervisor to sign the Time Warner franchise agreement. All voted 5-0: Supervisor Moran- aye Councilwoman Rosenblum - aye Councilman Wenk - aye Councilwoman Magarelli - aye Councilman McKenna - aye STATE OF NEW YORK :SS: COUNTY OF ULSTER I, th e undersigned Cl erk of the Town of Woodstock, Ulster County, New York , DO HEREBY CERTIFY: THAT I have compared the attached proceeding s of the Town Board of the Town of Woodstock includ ing the resolution contained therein with the originals thereof on file in my office and that the same is a true and correct copy of the said original as recorded in the minutes of the Town Board meeting dated October 12, 2010, and filed in the Office of the Town Clerk . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of th e Town of Woodstock, New York this 13th day of April , 2011 . SEAL elyn E. Earley, RMC , To lerk Town of Woodstock Time Warner Cable* EXHIBIT 5 2778 State Route 52, Liberty, NY !2754 845-695-9625 45-292-1656 (fax) Time Warner Cable® December 23, 20 11 VIA: CERTIFIED & RETURJ"J RECEIPT REQUESTED The Honorable JeffMoran Supervisor Town of Woodstock 45 Comeau Drive Woodstock, NY 12498 Dear Supervisor Moran: Attached please find a complete copy of our application to the New York State Public Service Commission for their approval of the franchise renewal recently granted to Time Warner Cable by the Town of Woodstock. We request that you place this in your files and make it available to the public on request during regular office hours. Very truly yours, Brenda M. Parks Director Government Relations Attachment 2778 •tate Route 52, Liberty, Y 12754 845-69--9625 845-292-1656 (fax) Time Warner Cabfee CERTIFICATE OF SERVICE The undersigned hereby certifies that a complete copy of the application to the New York State Public Service Commission for the approval of franchise renewal for the Town of Woodstock was sent to the Town Clerk by first class mail on December 23 , 2011. 2778 State Route 52, Liberty, NY J2754 845-69--9625 845-292-1656 (tax) Time Warner Cable® EXHIBIT 6 277 tate Route 52, Liberty, NY 12754 45-695-9625 45-292-1656 (fax) Time Warner Cable December 23 , 2011 Legal Ad Department Woodstock Times PO Box 3329 Kingston, NY 12402 Dear Editor: Please publish the attached legal notice one time each oftwo consecutive weeks. Billing for the above should be to Time Warner Cable at the address shown. Please forward the proof of publication to my attention as soon as possible. Very truly yours, Brenda M. Parks Director Government Relations Attachment 2778 tate Route 52, Liberty, Y 127' 4 845-695-9625 84--292-1656 (fax) Time Warner Cable LEGAL NOTICE Notice is hereby given that Time Warner Cable has filed with the New York State Public Service Cormnission a request for approval of a renewal of its cable television franchise in the Town of Woodstock. A copy of the materials constituting the application are available for public inspection at the office of the Town Clerk, the Commission and the Company dUiing normal business hours. Interested parties may file comments or objections with the Commission at Agency Building Three, Empire State Plaza, Albany, NY 12223-13 50. The renewal may not take effect without prior approval of the New York State Public Service Commission. 277 tate Route 52, Liberty, NY 12754 , 45-695-9625 845-292-1656 (fax)