Charter COMMUNICATIONS
October 31, 2019
Honorable Michelle L. Phillips Acting Secretary to the Commission NYS Department of Public Service Three Empire State Plaza, 19th Floor Albany, NY 12223
RE: Franchise Renewal –Time Warner Cable Northeast, LLC (now known as Spectrum Northeast, LLC), locally known as Charter Communications, and the Town of Duanesburg, NY
Dear Secretary Phillips:
We are herewith filing, via email, the following:
1. R-2 Application for Franchise Renewal, channel lineup and rates 2. Municipal Resolution granting renewal dated May 23, 2019. 3. Fully executed copy of Franchise Renewal Agreement dated July 3, 2019. 4. Copy of latest annual test data compiled for this part of the Division’s CATV System at PSC 5. Published legal notices
On September 1, 2019, Time Warner Cable Northeast LLC was renamed Spectrum Northeast, LLC. There was no change of control of the franchise holder or transfer of the franchises, just a name change. The records with the New York Secretary of State’s Office were updated effective September 6, 2019.
We hereby request approval by the Commission of this application pursuant to Section 222 of the Public Service Law.
Sincerely,
Kevin Egan Director, Government Affairs Charter Communications Enclosures
cc: Mr. Roger Tidball, Town Supervisor (w/copy of Encs.)
20 Century Hill Drive Latham, NY 12110
STATE OF NEW YORK PUBLIC SERVICE COMMISSION
In the matter of application of Time Warner Northeast, LLC (now known as Spectrum Northeast, LLC) locally known as Charter Communications, for renewal of its Certificate of Confirmation and Cable Television Franchise in the Town of Duanesburg, Schenectady County, New York.
1. The exact legal name of the applicant is Charter Communications Entertainment I, LLC.
2. The applicant does business under the name Charter Communications.
3. Applicant’s telephone number is: Charter Communications 20 Century Drive Latham, NY 12110 518-640-8575
4. & 5. The applicant serves the following municipalities from the same headend or from a different headend in the same or adjacent counties; the number of subscribers in each of the communities as of July 2019 are:
Municipality Subscribers Municipality Subscribers Carlisle, Town 328 Middleburgh, Town 166 Cherry Valley, Town 11 Middleburgh, Village 264 Cherry Valley, Village 166 Richmondville, Town 248 Cobleskill, Town 396 Richmondville, Village 242 Cobleskill, Village 1010 Schoharie, Town 367 Delanson, Village 1 Schoharie, Village 313 Duanesburg, Town 677 Seward, Town 240 Esperance, Town 292 Sharon, Town 107 Esperance, Village 84 Sharon Springs, Village 202
6. The following signals are regularly carried by the ENY: (see attached channel card).
7. The Applicant does provide channel capacity and video production facilities for local origination. During the past twelve (12) months, the Applicant has provided approximately 1,200 hours of locally originated programming of all types including PEG access.
8. The current monthly rates for service in the Town of Duanesburg are: (see attached).
9. During the past twelve (12) months, the applicant has placed the following miles of new cable television plant in operation in the following municipalities:
Municipality Miles Municipality Miles Carlisle, Town 6 Middleburgh, Town 25 Cherry Valley, Town 11 Middleburgh, Village 12 Cherry Valley, Village 5 Richmondville, Town 25 Cobleskill, Town 35 Richmondville, Village 6 Cobleskill, Village 18 Schoharie, Town 110 Delanson, Village 13 Schoharie, Village 8 Duanesburg, Town 154 Seward, Town 20 Esperance, Town 14 Sharon Town 13 Esperance, Village 7 Sharon Springs, Village 7
10. The company has previously submitted to the New York State Public Service Commission its technical plan to rebuild the system to 750 MHZ which was completed by end of 2000.
11. (A) The Applicant has previously filed with the New York State Public Service Commission its current Statement of Assessment pursuant to Section 817 of the Executive Law.
(B) The Applicant previously filed with the New York State Public Service Commission its current Annual Financial Report.
12. State and describe below any significant achievements and/or improvements that took place with respect to system operation during the past twelve (12) months.
13. No event or change has occurred during the past twelve (12) months which has had, or could have, a significant impact upon Applicant’s ability to provide cable television services.
WHEREFORE, the Applicant, Charter Communications, requests that the New York State Public Service Commission grant this application and approve renewal of the Town of Duanesburg Certificate of Confirmation and Franchise Renewal Agreement. Dated: October 31, 2019 By: Kevin Egan
Director of Government Affairs Charter Communications, Inc. SPECTRUM HD CHANNEL LINEUP° Spectrum~ Cobleskill, Middleburgh | October 2019
TV PACKAGES 489 LOVE 379 PAC-12 Oregon 490 GEM Shopping Network 380 PAC-12 Mountain MI PLAN LATINO SPECTRUM BASIC 494 Liquidation Channel 381 PAC-12 Bay Area 625 SundanceTV 382 BTN (Includes Spectrum TV Basic, Latino (Includes Digital Music channels 627 IFC 392-399 ESPN College Extra View and the following services) and the following services) 408 Outdoor Channel 5 TBS 1 Spectrum News - Capital SPECTRUM TV SILVER 413 TVG 23 The Weather Channel 417 BeIN SPORTS 27 TNT Region (Includes Spectrum TV Select 4 WNYA - MyTV 419 FOX Soccer Plus 28 USA Network 6 WRGB - CBS and the following channels) 443 BeIN SPORTS Español 29 AMC 468 The Cowboy Channel 31 FX 8 WXXA - FOX Digi Tier 1 10 WTEN - ABC 620 MoviePlex 32 Cartoon Network 11 WMHT - PBS 19 Nick Jr. 621 IndiePlex 34 Disney Channel 13 WNYT - NBC 43 OWN 622 RetroPlex 35 Freeform 14 C-SPAN 51 Golf Channel 623 FLIX - E 36 Comedy Central 15 WCWN - The CW 58 TCM 640 HDNet Movies 37 Discovery Channel 20 WYPX - ION 64 LMN 1554 Willow TV 38 A&E 68 Disney XD 39 HISTORY 21 C-SPAN2 TMC 22 C-SPAN3 74 NFL Network 40 TLC 83 NY State Legislature 75 FXX 571 TMC - E 41 HGTV 91 WRNN - IND 86 Disney Junior 572 TMC XTRA - E 42 Food Network 159 QVC 124 UP 59 Bravo 176 HSN 128 Reelz STARZ 60 E! 188 Jewelry TV 130 Nat Geo Wild 581 Starz - E 76 Hallmark Mov. & Myst. 194 SHOPHQ 131 Smithsonian Channel 582 Starz Edge - E 77 Hallmark Channel 1240 WTEN - getTV 133 Viceland 583 Starz in Black - E 82 Investigation Discovery 1245 WNYT - MeTV 134 fyi, 584 Starz Kids & Fam. - E 86 Disney Junior 1246 WNYT - StartTV 144 Fusion 585 Starz Cinema - E 1250 WXXA - Capital OTB 145 El Rey Network 586 Starz Comedy - E OTHER SERVICES 1251 WXXA - Laff 161 DIY Network 650 iN DEMAND Previews 1255 WRGB - TBD TV 163 Cooking Channel STARZ ENCORE 651 HD Pay-Per-View 1256 WRGB - Comet 169 Fuse 602 StarzEncore - E 660 iN DEMAND 1 1260 WCWN - Charge! 174 Lifetime Real Women 603 StarzEncore Action-E 661 iN DEMAND 2 1265 WNYA - Light TV 177 GSN 604 StarzEncore Black-E 700-722 MLB Extra Innings 1266 WNYA - Decades 180 Discovery Life Channel 605 StarzEncore Classic-E 725-743 NBA League Pass 1275 WMHT - Create 184 TV One 606 StarzEncore Susp-E 1400 CTI-Zhong Tian 1276 WMHT - World 185 ASPiRE TV 607 StarzEncore Wstns-E 1401 CCTV-4 1277 WMHT - PBS Kids 187 Ovation 608 StarzEncore Fam-E 1403 Phoenix N. America 1301 P.E.G. 189 Cleo 1404 Phoenix InfoNews 1303 Government Access 209 BBC World News MULTICULTURAL 210 i24 CHANNELS 1422 TVB1 Cantonese 214 NY1 Traffic 1423 TVB2 Cantonese SPECTRUM SELECT 215 Spectrum News - NY1 1424 TVBE Cantonese LATINO VIEW (Includes Spectrum TV Basic 221 Cheddar Business 1425 TVBS Mandarin and the following services) 222 Newsmax TV 62 Univisión 1450 The Filipino Channel 224 Newsy 97 Galavisión 1452 GMA Pinoy TV 5 TBS 255 Universal Kids 1453 GMA Life TV 23 The Weather Channel 145 El Rey Network 256 Baby First TV 416 GOL TV 1456 DZBB Filipino Audio 24 ESPN 291 REVOLT 1457 DWLS Filipino Audio 25 ESPN2 417 BeIN SPORTS 292 FM 440 ESPN Deportes 1500 TV Japan 26 MSG Plus 295 GAC 1515 SBN (Vietnamese) 27 TNT 442 FOX Deportes 297 RFD-TV 443 BeIN SPORTS Español 1516 TVBV Vietnamese 28 USA Network 299 AXS TV 1532 Sahara Filmy 29 AMC 444 TUDN 302 ESPNEWS 803 Telemundo 1533 ZEE TV 30 Lifetime 306 MLB Network 1539 ITV Gold 31 FX 804 UniMás 308 NBA TV 806 Azteca América 1540 SWAGAT TV 32 Cartoon Network 315 CBS Sports Network 1541 SET Asia 33 Nickelodeon 811 Estrella TV 316 Olympic Channel 834 CNN en Español 1542 TV Asia 34 Disney Channel 370 ESPNU 1551 ABP News 35 Freeform 841 Mexico 22 401 FOX Sports 2 842 Estudio 5 1557 New Delhi TV Limited 36 Comedy Central 406 Tennis Channel 1575 TV5MONDE 37 Discovery Channel 843 Multimedios Televisión 440 ESPN Deportes 844 Once Canal 1581 RAI Italia 38 A&E 442 FOX Deportes 1586 German TV 39 HISTORY 845 TeleFórmula 444 TUDN 847 FOROtv 1592 TVP Polonia 40 TLC 465 BYUtv 1595 Polish Radio 1 41 HGTV 849 Ultra Docu 474 The Impact Network 850 Canal Sur 1596 Polish Radio 3 42 Food Network 625 SundanceTV 1610 RTN (Russian) 44 NBC Sports Network 853 SUR Perú 627 IFC 855 TV Chile 1612 C1R (Russia) 45 BET 898 NBC Universo 1613 RTVI (Russian) 46 CNN 856 Caracol 857 RCN Nuestra Tele 1621 Russian Kino 47 HLN HBO 1632 ART Cable 48 CNBC 860 CentroamericaTV 511 HBO - E 1802 Hustler TV 49 msnbc 861 Tele El Salvador 512 HBO 2 - E 1805 Penthouse TV (Prem.) 52 YES Network 865 Ecuavisa Internacional 513 HBO Signature - E 1807 REAL 53 SYFY 867 TV Venezuela 514 HBO Family - E 1809 TEN 54 MSG 870 Super Canal 515 HBO Comedy - E 1811 Playboy TV 57 MTV 87 1 Telemicro 516 HBO Zone - E 1812 Playboy TV en Español 59 Bravo 872 Television Dominicana 517 HBO Latino - E 874 WAPA América 1828 Manhandle 60 E! 1901-1916 Music Choice 61 National Geographic 875 Cubaplay Showtime 877 Antena 3 Internacional 1918-1932 Music Choice 65 WE tv 1934-1939 Music Choice 66 SportsNet New York 551 Showtime - E 891 FOX Life 552 SHO 2 - E 895 Univisión tlnovelas 1941-1950 Music Choice 67 Bloomberg Television 2010 Spectrum Originals On 69 BBC America 553 Showtime Showcase-E 896 Pasiones Demand 70 FOX News Channel 554 SHO Extreme - E 898 NBC Universo 7 1 truTV 555 SHO Beyond - E 910 Bandamax 72 FOX Business Network 556 SHO Next - E 911 Ritmoson Latino PREMIUM MOVIE 73 FOX Sports 1 557 SHO Women - E 912 TeleHit CHANNELS 76 Hallmark Mov. & Myst. 558 Showtime Fam Zn - E 913 Video Rola 77 Hallmark Channel 915 Ultra Fiesta Cinemax 918 Ultra Familia 78 EWTN SPECTRUM TV GOLD 531 Cinemax - E 79 FX Movie Channel 919 Ultra Kidz (Includes Spectrum TV Silver 921 Cartoon Network (SAP) 532 MoreMAX - E 81 INSP and the following channels) 533 ActionMAX - E 82 Investigation Discovery 922 Semillitas 923 ¡Sorpresa! TV 534 ThrillerMAX - E 84 CMT Digi Tier 2 535 OuterMAX - E 85 Travel Channel 924 Discovery Familia 74 NFL Network 536 Cinemáx - E 87 WGN America 925 Disney XD 119 MTV2 537 5 StarMAX - E 8 8 MotorTrend 926 Atres Series 120 MTV Classic 538 MovieMAX - E 89 TBN 928 BabyFirstTV (SAP) 135 Destination America 90 SonLife 92 9 BabyTV (SAP) 136 Science Channel EPIX 93 SEC Network 930 Discovery en Español 137 Crime & Investigation 595 EPIX 94 Oxygen 931 Nat Geo Mundo 140 American Heroes Ch. 597 EPIX 2 - E 95 MSG2 Plus 932 HISTORY en Español 141 Military History 598 EPIX HITS 96 MSG 2 933 HITN 179 LOGO 599 EPIX Drive-In 97 Galavisión 935 Mexicanal 182 BET HER 98 Daystar 936 Aplauso TV 208 CNBC World 109 FXX 937 Ultra Macho 253 Boomerang 132 Animal Planet 945 EWTN en Español 262 Nicktoons 175 Pop 946 TBN Enlace USA 263 TeenNick 385 SEC Extra 962 AyM Sports 266 Discovery Family 388 ACC Network 971 Cinelatino 286 MTV Live 472 Upliftv 972 Cine Mexicano 287 BET Jams 476 Shop Zeal 6 973 Cine Sony 290 BET Soul 477 FETV 979 De Película Clásico 307 MLB Strike Zone 478 Shop Zeal 8 980 De Película 311 NFL RedZone 481 QVC2 982 ViendoMovies 312 NHL Network 482 Shop Zeal 1 983 Ultra Mex 371 ESPN GoalLn/BasesLd 484 HSN2 984 Ultra Cine 375 PAC-12 Network 485 Shop Zeal 3 985 Ultra Clásico 376 PAC-12 Los Angeles 486 Shop Zeal 4 377 PAC-12 Arizona 488 Shop Zeal 5 378 PAC-12 Washington For more information visit Spectrum.net. ALPHABETICAL Disney Channel ...... 34 HSN ...... 176 PAC-12 Mountain ...... 380 SWAGAT TV ...... 1540 WNYT - StartTV ...... 1246 CHANNEL LIST Disney Junior ...... 86 HSN2 ...... 484 PAC-12 Network ...... 375 SYFY ...... 53 WRGB - CBS ...... 6 Disney XD ...... 68 Hustler TV ...... 1802 PAC-12 Oregon ...... 379 TBN ...... 89 WRGB - Comet ...... 1256 5 StarMAX - E ...... 537 Disney XD ...... 925 i24 ...... 210 PAC-12 Washington ..... 378 TBN Enlace USA ...... 946 WRGB - TBD TV ...... 1255 A&E ...... 38 DIY Network ...... 161 IFC ...... 627 Pasiones ...... 896 TBS ...... 5 WRNN - IND ...... 91 ABP News ...... 1551 DWLS Filipino Audio .. 1457 iN DEMAND 1 ...... 660 Penthouse TV (Prem.) 1805 TCM ...... 58 WTEN - ABC ...... 10 ACC Network ...... 388 DZBB Filipino Audio ... 1456 iN DEMAND 2 ...... 661 Phoenix InfoNews ...... 1404 TeenNick ...... 263 WTEN - getTV ...... 1240 ActionMAX - E ...... 533 E! ...... 60 iN DEMAND Previews . 650 Phoenix N. America ...1403 Tele El Salvador ...... 861 WXXA - Capital OTB .. 1250 AMC ...... 29 Ecuavisa Internacional . 865 IndiePlex ...... 621 Playboy TV ...... 1811 TeleFórmula ...... 845 WXXA - FOX ...... 8 American Heroes Ch. .. 140 El Rey Network ...... 145 INSP ...... 81 Playboy TV en Español 1812 TeleHit ...... 912 WXXA - Laff ...... 1251 Animal Planet ...... 132 EPIX ...... 595 Investigation Discovery ..82 Polish Radio 1 ...... 1595 Telemicro ...... 871 WYPX - ION ...... 20 Antena 3 Internacional . 877 EPIX 2 - E ...... 597 ITV Gold ...... 1539 Polish Radio 3 ...... 1596 Telemundo ...... 803 YES Network ...... 52 Aplauso TV ...... 936 EPIX Drive-In ...... 599 Jewelry TV ...... 188 Pop ...... 175 Television Dominicana . 872 ZEE TV ...... 1533 ART Cable ...... 1632 EPIX HITS ...... 598 Lifetime ...... 30 QVC ...... 159 TEN ...... 1809 ASPiRE TV ...... 185 ESPN ...... 24 Lifetime Real Women ... 174 QVC2 ...... 481 Tennis Channel ...... 406 Atres Series ...... 926 ESPN College Extra ...... Liquidation Channel ....494 RAI Italia ...... 1581 The Cowboy Channel ..468 AXS TV ...... 299 392-399 LMN ...... 64 RCN Nuestra Tele ...... 857 The Filipino Channel ...1450 AyM Sports ...... 962 ESPN Deportes ...... 440 LOGO ...... 179 REAL ...... 1807 The Impact Network ... 474 Azteca América ...... 806 ESPN GoalLn/BasesLd . 371 LOVE ...... 489 Reelz ...... 128 The Weather Channel ....23 Baby First TV ...... 256 ESPN2 ...... 25 Manhandle ...... 1828 RetroPlex ...... 622 ThrillerMAX - E ...... 534 BabyFirstTV (SAP) ..... 928 ESPNEWS ...... 302 Mexicanal ...... 935 REVOLT ...... 291 TLC ...... 40 BabyTV (SAP) ...... 929 ESPNU ...... 370 Mexico 22 ...... 841 RFD-TV ...... 297 TMC - E ...... 571 Bandamax ...... 910 Estrella TV ...... 811 Military History ...... 141 Ritmoson Latino ...... 911 TMC XTRA - E ...... 572 BBC America ...... 69 Estudio 5 ...... 842 MLB Extra Innings . 700-722 RTN (Russian) ...... 1610 TNT ...... 27 BBC World News ...... 209 EWTN ...... 78 MLB Network ...... 306 RTVI (Russian) ...... 1613 Travel Channel ...... 85 BeIN SPORTS ...... 417 EWTN en Español ...... 945 MLB Strike Zone ...... 307 Russian Kino ...... 1621 truTV ...... 71 BeIN SPORTS Español 443 FETV ...... 477 MoreMAX - E ...... 532 Sahara Filmy ...... 1532 TUDN ...... 444 BET ...... 45 FLIX - E ...... 623 MotorTrend ...... 88 SBN (Vietnamese) ...... 1515 TV Asia ...... 1542 BET HER ...... 182 FM ...... 292 MovieMAX - E ...... 538 Science Channel ...... 136 TV Chile ...... 855 BET Jams ...... 287 Food Network ...... 42 MoviePlex ...... 620 SEC Extra ...... 385 TV Japan ...... 1500 BET Soul ...... 290 FOROtv ...... 847 MSG ...... 54 SEC Network ...... 93 TV One ...... 184 Bloomberg Television ....67 FOX Business Network ..72 MSG 2 ...... 96 Semillitas ...... 922 TV Venezuela ...... 867 Boomerang ...... 253 FOX Deportes ...... 442 MSG Plus ...... 26 SET Asia ...... 1541 TV5MONDE ...... 1575 Bravo...... 59 FOX Life ...... 891 MSG2 Plus ...... 95 SHO 2 - E ...... 552 TVB1 Cantonese ...... 1422 BTN ...... 382 FOX News Channel ...... 70 msnbc ...... 49 SHO Beyond - E ...... 555 TVB2 Cantonese ...... 1423 BYUtv ...... 465 FOX Soccer Plus ...... 419 MTV ...... 57 SHO Extreme - E ...... 554 TVBE Cantonese ...... 1424 C-SPAN ...... 14 FOX Sports 1 ...... 73 MTV Classic ...... 120 SHO Next - E ...... 556 TVBS Mandarin ...... 1425 C-SPAN2 ...... 21 FOX Sports 2 ...... 401 MTV Live ...... 286 SHO Women - E ...... 557 TVBV Vietnamese ...... 1516 C-SPAN3...... 22 Freeform ...... 35 MTV2 ...... 119 Shop Zeal 1 ...... 482 TVG ...... 413 C1R (Russia)...... 1612 Fuse ...... 169 Multimedios Televisión . 843 Shop Zeal 3 ...... 485 TVP Polonia ...... 1592 Canal Sur ...... 850 Fusion ...... 144 Music Choice ...... 1901-1916 Shop Zeal 4 ...... 486 Ultra Cine ...... 984 Caracol ...... 856 FX ...... 31 Music Choice ...... 1918-1932 Shop Zeal 5 ...... 488 Ultra Clásico...... 985 Cartoon Network ...... 32 FX Movie Channel ...... 79 Music Choice ..... 1934-1939 Shop Zeal 6 ...... 476 Ultra Docu ...... 849 Cartoon Network (SAP) 921 FXX...... 109 Music Choice ...... 1941-1950 Shop Zeal 8 ...... 478 Ultra Familia ...... 918 CBS Sports Network .... 315 FXX...... 75 Nat Geo Mundo ...... 931 SHOPHQ ...... 194 Ultra Fiesta ...... 915 CCTV-4 ...... 1401 fyi, ...... 134 Nat Geo Wild ...... 130 Showtime - E ...... 551 Ultra Kidz ...... 919 CentroamericaTV ...... 860 GAC ...... 295 National Geographic ...... 61 Showtime Fam Zn - E .. 558 Ultra Macho ...... 937 Cheddar Business ...... 221 Galavisión ...... 97 NBA League Pass ..725-743 Showtime Showcase-E 553 Ultra Mex ...... 983 Cine Mexicano...... 972 GEM Shopping Network ... NBA TV ...... 308 Smithsonian Channel .....131 UniMás ...... 804 Cine Sony ...... 973 490 NBC Sports Network ... 44 SonLife ...... 90 Universal Kids ...... 255 Cinelatino ...... 971 German TV ...... 1586 NBC Universo ...... 898 ¡Sorpresa! TV ...... 923 Univisión ...... 62 Cinemax - E ...... 531 GMA Life TV ...... 1453 New Delhi TV Limited . 1557 Spectrum News - Capital Univisión tlnovelas ...... 895 Cinemáx - E ...... 536 GMA Pinoy TV ...... 1452 Newsmax TV ...... 222 Region ...... 1 UP ...... 124 Cleo ...... 189 GOL TV ...... 416 Newsy ...... 224 Spectrum News - NY1... 215 Upliftv...... 472 CMT ...... 84 Golf Channel ...... 51 NFL Network ...... 74 Spectrum Originals On USA Network ...... 28 CNBC ...... 48 Government Access ... 1303 NFL RedZone ...... 311 Demand ...... 2010 Viceland ...... 133 CNBC World ...... 208 GSN ...... 177 NHL Network ...... 312 SportsNet New York .....66 Video Rola ...... 913 CNN ...... 46 Hallmark Channel ...... 77 Nick Jr...... 19 Starz - E ...... 581 ViendoMovies ...... 982 CNN en Español ...... 834 Hallmark Mov. & Myst. ....76 Nickelodeon ...... 33 Starz Cinema - E...... 585 WAPA América ...... 874 Comedy Central ...... 36 HBO - E ...... 511 Nicktoons ...... 262 Starz Comedy - E ...... 586 WCWN - Charge! ...... 1260 Cooking Channel ...... 163 HBO 2 - E ...... 512 NY State Legislature...... 83 Starz Edge - E ...... 582 WCWN - The CW ...... 15 Crime & Investigation ... 137 HBO Comedy - E ...... 515 NY1 Traffic ...... 214 Starz in Black - E ...... 583 WE tv ...... 65 CTI-Zhong Tian ...... 1400 HBO Family - E ...... 514 Olympic Channel ...... 316 Starz Kids & Fam. - E ...584 WGN America ...... 87 Cubaplay ...... 875 HBO Latino - E ...... 517 Once Canal ...... 844 StarzEncore - E ...... 602 Willow TV ...... 1554 Daystar ...... 98 HBO Signature - E ...... 513 Outdoor Channel ...... 408 StarzEncore Action-E ..603 WMHT - Create ...... 1275 De Película ...... 980 HBO Zone - E ...... 516 OuterMAX - E ...... 535 StarzEncore Black-E ...604 WMHT - PBS ...... 11 De Película Clásico ...... 979 HD Pay-Per-View ...... 651 Ovation ...... 187 StarzEncore Classic-E ..605 WMHT - PBS Kids...... 1277 Destination America..... 135 HDNet Movies ...... 640 OWN ...... 43 StarzEncore Fam-E .....608 WMHT - World ...... 1276 Discovery Channel ...... 37 HGTV ...... 41 Oxygen ...... 94 StarzEncore Susp-E ....606 WNYA - Decades ...... 1266 Discovery en Español ..930 HISTORY ...... 39 P.E.G...... 1301 StarzEncore Wstns-E ..607 WNYA - Light TV ...... 1265 Discovery Familia ...... 924 HISTORY en Español ... 932 PAC-12 Arizona ...... 377 SundanceTV ...... 625 WNYA - MyTV ...... 4 Discovery Family ...... 266 HITN...... 933 PAC-12 Bay Area ...... 381 Super Canal ...... 870 WNYT - MeTV ...... 1245 Discovery Life Channel .180 HLN ...... 47 PAC-12 Los Angeles .... 376 SUR Perú ...... 853 WNYT - NBC ...... 13
A An amplifier may be required for a dwelling with multiple outlets (outlet = Spectrum receiver/modem/eMTA). Technician RESIDENTIAL SERVICES AND RATES assessment and professional installation required. TV PACKAGES (PER MONTH) INSTALLATION/SERVICE CALL B The Broadcast TV Service Charge reflects charges assessed to Charter by broadcast TV stations. It applies to Basic Service and all Spectrum Basic $23.89 (PER ACTIVITY) additional TV services. Spectrum Select $72.49 Primary Installation/Reconnect C DVR service required with subscription to DVR or DVR/HD receiver. (when truck roll required) A $49.99 Spectrum Silver $92.49 D Provides access to the electronic program guide - to receive program information, perform efficient channel surfing, use Parental Custom Work Labor Charge $49.99 Spectrum Gold $112.49 Controls and access to order Pay-Per-View & On Demand (where available). Trip Charge F $49.99 A LA CARTE (PER MONTH)G E Due to system technology enhancements in a switched digital market, access to certain digital channels will require a receiver, as Digi Tier 1 $12.00 Move Transfer $49.99 HDTVs equipped with CableCARDs can not access certain digital channels requiring two-way communication. CableCARD customers Digi Tier 2 $12.00 Service Call Truck Roll $49.99 with TiVo equipment will also need a Tuning Adapter for access to such digital channels. Wall Fish $49.99 PREMIUM CHANNELS (PER MONTH) F Applicable when adding and/or relocating outlet, upgrading and/or downgrading services and picking up equipment. HBO $15.00 UNRETURNED EQUIPMENT FEES G Available with subscription to Spectrum TV Select, Silver, Gold, or Mi Plan Latino CINEMAX $9.99 (PER UNIT) Spectrum Receiver $103.00 H The Secure Connection Fee covers those measures Spectrum employs to manage and secure the connection between Spectrum’s SHOWTIME $15.00 system and the Spectrum receiver and other devices Subscriber uses to access Spectrum’s services. CableCARD™ $20.00 TMC $9.99 Tuning Adapter $130.00 ° Not all channels are available in HD. STARZ $9.99 All charges exclude applicable taxes, FCC fees, franchise fees and the Broadcast TV Service Charge. STARZ ENCORE $5.99 MISCELLANEOUS CHARGES (PER MONTH) Public, Educational, Government Access Channel availability may vary by community. EPIX $5.99 B Broadcast TV Service Charge $13.50 CableCARD customers subscribing to any service package in which Charter-leased equipment is included in the package price, may MULTICULTURAL CHANNELS MISCELLANEOUS CHARGES receive a discounted price, reduced by an amount equal to/greater than the fee for such equipment not leased from Charter. (PER MONTH) Latino View $8.99 (PER ACTIVITY) ©2019 Charter Communications Phone Payment Processing $5.00 Mi Plan Latino $44.99 Late Fee $8.95 ADDITIONAL CUSTOMER INFORMATION: Prices are per month unless noted otherwise. Programming may vary and all services OTHER SERVICES (PER MONTH) Reconnection Fee $4.99 Disney On Demand $3.99 may not be available in all areas. Rates, number of channels, programs/content, services & packages are subject to change Insufficient Funds Fee $20.00 or discontinuance at any time, subject to applicable law. Unless specified on this rate card, additional installation services are Here TV On Demand $15.95 Additional Bill Copies $1.99 generally billed using the Labor Charge in 1/4 hour increments. Charter reserves the right to institute different rates or terms and Filipino Pass Plus $24.99 conditions of service for promotional purposes. Customers are not required to subscribe to any tier of service, other than the Mandarin Language Pack $19.99 SPECTRUM EQUIPMENT RENTAL & Charter Basic service tier, in order to purchase premium channels, or where available, Pay-Per-View or On Demand. Charter-issued OTHER SERVICES (PER MONTH, PER TV5MONDE $9.99 Spectrum receiver or CableCARD required to view programming channels. Charter-issued Spectrum receiver required to view OUTLET) TVB Jade World $39.99 Pay-Per-View and On Demand programming (where available). HD-capable equipment required to view HD programming Spectrum Receiver & Remote (per (where available). All programming may not be available to CableCARD customers. All service levels may contain channels with TVJAPAN $24.99 outlet) C $6.99 some R-rated programming, which can be blocked using the Parental Controls feature on your on-screen program guide. Certain SBTN & TVBV $19.99 Secure Connection (per receiver or limitations apply to the Wire Maintenance Plan, such as the exclusion of repairs to alarm/electrical/twisted pair wiring, customer- Russian Language Package $25.99 CableCARD) D, H $1.00 caused damage or abuse, and alterations to Charter equipment. Please contact Charter for more information about the Wire Maintenance Plan. Hindi $14.99-39.99 CableCARD (rate includes $1.00 Secure ART $12.99 Connection) E, H $2.00 Areas Served: Towns of Carlisle, Cherry Valley, Cobleskill, Duanesburg, Esperance, Middleburgh, Richmondville, Schoharie, Playboy TV $15.99 DVR Service Package (up to 4 DVR Seward, Sharon; Villages of Cherry Valley, Cobleskill, Delanson, Esperance, Middleburgh, Richmondville, Schoharie and Sharon Springs, NY Penthouse $15.99 receivers) $19.99 Hustler $15.99 DVR Service (1 DVR receiver) $12.99 VIVID $15.99 TEN $15.99 Real $15.99 Manhandle $15.99 Adult 3-Pack $29.99 HIS $15.99 Visit Spectrum.com/RateCard for more information regarding your rates. Rai Italia $9.99 TOWN OF DUANESBURG TOWN BOARD
RESOLUTION NO. ?J-2019
May 23, 2019
WHEREAS, the Town of Duanesburg is party to a franchise cable television agreement with Time Warner Cable Northeast, LLC Ilk/a Charter Communications (the "Franchise Agreement"); and
WHEREAS, on May 23, 2019, under Town Law § 64(7), the Town Board held a public hearing on the proposed renewal of Franchise Agreement; and
WHEREAS, the Franchise Agreement is attached hereto; and
WHEREAS, the Town of Duanesburg Town Board, as the only agency involved, has declared itself lead agency for purposes of the State Environmental Quality Review Act ("SEQRA"); and
WHEREAS, renewing the Franchise Agreement is classified as a Type II action under SEQRA and, thus, no further review is required and SEQRA review is complete; and
NOW THEREFORE BE IT RESOLVED, that the Town Board approves and authorizes the Town Supervisor to execute the Franchise Agreement.
By (unanimous/majority) vote of the Town Board of the Town of Duanesburg at its regular meeting ofMay23, 2019.
Ro
Town Board Members:
Roger Tidball Nay Abstain John Ganther Nay Abstain Rick Potter Nay Abstain Jeff Senecal Nay Abstain Charles Leoni Nay Abstain FRANCHISE AGREEMENT
TO PROVIDE CABLE TELEVISION SERVICES
Between
Town of Duanesburg
AND
Time Warner Cable Northeast LLC 1/k/a Charter Communications
FRANCHISE AGRE EMENT April 2019 FRANCHISE RENEWAL AGREEMENT
rt.. AGREEMENT made and entered as of this ___'f day of Jf/.t-l,E. , 2019, between the Town of Duanesburg ("Municipality" or "Grantor") and Time Warner Cable Northeast LLC, an indirect subsidiary of Charter Communications, Inc. ("Company" or "Charter").
WHEREAS, the Company has applied to the Municipality for a renewal of its franchise granting it the right to construct and operate a cable television system within the geographical boundaries of the Municipality; and
WHEREAS, the Company is providing such service to the Municipality pursuant to a franchise dated March 10, 2006; and
WHEREAS on the ii. ,.J day of (I/Al ,2019, the Municipality held a full public hearing according due process to considere renewal of the cable television franchise to the Company under the franchising procedures of the New York State Public Service Commission ("PSC"); and
WHEREAS, the technical and financial ability and character of the Company were considered and approved at such hearing;
WHEREAS, this proposed Franchise Agreement complies with the standards of the PSC; and /Y} l!,1 WHEREAS, by resolution of the Municipality dated 11/A Y- .f( 3 - , 2019, the Municipality granted a non-exclusive cable television franchise to tlie Company and authorized the Supervisor to execute such agreement with the Company upon the terms hereafter set forth;
NOW, THEREFORE, in consideration of the mutual conditions and covenants contained herein:
IT IS MUTUALLY AGREED AS FOLLOWS: SECTION 1. SHORT TITLE
This franchise shall become known and may be cited as the "Town of Duanesburg Cable Television Franchise."
SECTION 2. DEFINITIONS
For the purpose of this Agreement, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and vice versa. The word "shall" is always mandatory and not merely directory.
2.1 "Agreement" shall mean this contract and its provisions.
2.2 "Municipality" shall mean the Town of Duanesburg organized and existing under the laws of the State of New York; or "Granter."
2.3 "Cable Service" and "Basic Cable Service" shall be defined as set forth in the Cable Act.
2.4 "Cable Television System" or "Cable System" shall mean a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within a community, but such term does not include (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that serves Subscribers without using any public right-of-way; (c) a facility of common canier which is subject, in whole or in part, to the provisions of the Title n of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to Subscribers unless the extent of such use is solely to provide interactive on-demand services; ( d) an open video system that complies with Section 653 of the Communications Act; or (e) any facilities of any electric utility used solely for operating its electric utility systems.
2.5 "Gross Revenues" shall mean all revenues, as determined in accordance with generally accepted accounting principles, received by the Company and, to the extent acting as a cable operator, its affiliates, subsidiaiies, and parents, directly or indirectly, which are de1ived from the operation of the Cable Television System to provide Cable Service within the Municipality, including, but not limited to any and all sums received from Subscribers in payment of installation charges and for video programming received (whether as a part of Basic Service, pay Cable Service or otherwise) and/or transmitted, adve1tising revenue, and any other monies on which cable franchise fees can be imposed consistent with federal and state laws and regulations including the system of accounts approved by the PSC, but not including (l) any taxes on services furnished by the Company imposed directly on any Subscriber or user by any governmental unit and collected by the Company for such governmental unit; (2) unrecovered bad debt; (3) credits, refunds and deposits paid to Subscribers; (4) any exclusions available under applicable state law; and (5) any PEG suppo11 (as defined i11 Section IO hereof) recovered from Subsc1ibers. "Gross Revenues" shall include monies received by the Company that are att1ibutable to franchise fees to the extent consistent with applicable law.
2.6 "Franchise" shall mean and include any authorization granted hereunder in terms of franchise, right, privilege and non-exclusive authority to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways, public places not laid out or dedicated, and all extensions thereof, and additions thereto in the Municipality, a system of poles, wires, cables, underground conduit, manholes and other conductors and fixtures necessary to maintain and operate a Cable Television System in the Municipality.
2.7 "FCC" shall mean the Federal Communications Commission.
2.8 "Person" shall mean any person, firm, partnership, association, corporation or other organization of any kind.
2.9 "PSC" shall mean New York State Public Service Commission.
2.10 "Standard Installation" shall mean installations to residences and buildings that are located up to 150 feet from the point of connection to Company's existing distribution system.
2.11 "Subscriber" shall mean any Person who is billed for and authorized to receive Cable Service from the Company.
SECTION 3. GRANT OF NON-EXCLUSIVE CABLE TELEVISION FRANCIDSE
3.1 There is hereby granted by the Municipality to the Company the non-exclusive franchise, right, privilege, authority, easement and license to construct, erect, suspend, install, renew, maintain and operate throughout the entire Municipality in, upon, along, across, above, over and under the streets, alleys, easements, public ways and public places as now laid out or dedicated, and all extensions thereof, and additions thereto, in the Municipality a system of poles, wires, cables, underground conduits, ducts, trenches, conductors, amplifying equipment, manhole fittings and any and all other fixtures, appliances and appurtenances necessary for the installation, maintenance and operation in the Municipality of a Cable Television System.
Without limiting the generality of the foregoing, this non-exclusive .franchise shall and does hereby include the right, in, over and upon the streets, sidewalks, alleys, easements (including public utility easements) where such easements have been granted by the Municipality, public grounds and places in the Municipality for the purpose of installing, erecting, operating or in any other way acquiring the use of, as by leasing, or licensing, all poles, lines and equipment necessary to operate a Cable Television System and the right to make connections to Subscribers, the right to repair, replace and enlarge and extend said lines, equipment and connections, and to maintain and use the same for the purposes set forth in this Agreement.
3.2 The right granted for the purposes herein shall be non-exclusive. The Granter specifically reserves the right to grant, at any time, additional franchises for a Cable System in accordance with state and federal law. The Granter agrees that any grant of additional franchises by the Grantor to any other entity to provide cable or video service (without regard to the technology used to deliver such services) shall not be on terms and conditions that when taken as a whole are more favorable or less burdensome to the Company of any such additional franchise, than those which are set fo1th herein. If the Grantor grants a Cable System franchise or other right to provide cable or video service to another Person on terms which overall provide greater benefits or impose lesser burdens than provided herein, the Grantor agrees to amend this Franchise (effective upon the grant to said other Person) to overall provide such greater benefits or lesser burdens. If the Grantor fails to make modifications consistent with this requirement, Grantor agrees not to enforce such corresponding obligations in this Franchise beyond the requirements imposed by the less costly or less burdensome obligations in such competing provider's authorization. Nothing in this Section 3.2 shall be deemed a waiver of any remedies available to Company or Municipality under federal, state or municipal law, including but not limited to Section 625 of the Cable Act, 47 U.S.C. § 545.
3.3 This Franchise is for the corporate limits of the Municipality and for any areas henceforth added thereto during the term of this Agreement, which hereinafter shall be known as the Franchise Area.
SECTION 4. EFFECTIVE DA TE AND REMOVAL
4.1 This Agreement shall take effect and be in full force from and after the issuance of a Certificate of Confinnation Order of Approval by the PSC and said Agreement shall continue in full force and effect for a period of ten (10) years from the date of issuance of the certificate of confirmation.
4.2 Upon expiration, and subsequent failure to renew, te1mination or revocation of this Agreement, the Company shall not abandon the Cable System or any po1tion thereof without the Municipality's written consent.
SECTION 5. COMPLIANCE WITH APPLICABLE LAW AND EXERCISE OF REASONABLE POLICE POWERS
5.1 The work done in connection with the construction, reconstruction, maintenance, service or repair of said Cable Television System shall be subject to and governed by all generally applicable laws, rules and regulations of the Municipality now in force or that may be hereafter passed and adopted for the government and regulation thereof which are not materially in conflict with the provisions of this Agreement. Further, the construction, maintenance and operation of the Company's Cable Television System shall be subject to all lawful police powers and regulations by the Municipality to the extent not materially in conflict with the provisions of this Agreement. The Municipality shall have the power at any time to order and require the Company to remove and abate any pole, tower, wire, cable, electronic conductor or other structure or facility that is dangerous to life or property upon reasonable demonstration thereof and the giving of appropriate written notice, and in the event the Company, after written notice, fails or refuses to act, the Municipality shall have the power to remove or abate the same at the expense of the Company. 5.2 In furtherance of the conduct or the business contemplated by this Agreement:
A. Company shall be pe1mitted to solicit customers door-door during the hours generally permitted.
B. Company shall be exempt from any provision of the ordinance requiring permits and/or fees to be obtained and/or paid.
5.3 The Municipality shall have the right to adopt in addition to the provision contained in this Agreement and existing generally applicable ordinances such additional generally applicable regulations as it shall find necessary from time to time in the exercise of its police power; provided, however, that such regulations are not materially in conflict with the provisions of this Agreement.
SECTION 6. CONDITIONS OF STREET OCCUPANCY
6.1 Any work which requires the disturbance of any street or which will interfere with traffic shall not be uncle1iaken without any generally required prior pemlit from the Municipality.
No poles, underground conduits or other wire-holding structures shall be erected by the Company without the prior approval of the appropriate Municipality 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; however, such approval may not unreasonably be withheld. The Company shall have the right to attach its wires to existing poles owned by the Municipality or any agency of the Municipality provided that the Company is able to obtain such use on reasonable terms and conditions. No tenn or condition shall be reasonable if not consistent with pole attachment rates and conditions established by the FCC or the PSC.
6.2 All structures, lines and equipment erected by the Company within the Municipality shalJ be so located as to cause minimum inte1ference with the proper use of streets, alleys, easements and other public ways and places, and to cause nlinimum interference with the rights or reasonable convenience of property owners whose property adjoins any of the said streets, alleys or other public ways and places. Existing poles, posts and other such structures of the electric power company or any telephone company or any other public utility, which may be available to the Company on reasonable terms and conditions, shall be used to the extent practicable in order to minimize interference with travel. Where both power and telephone utilities are placed underground, the Company's cable shall also be placed underground.
6.3 The Company 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 so as to keep same clear of poles, wires, cables, conduits and fixtures, and except for incidental trimming clone by Company's employees or agents in the course of performing their other duties, shall make good faith efforts to notify the Municipality prior to engaging in any such activity. 6.4 In the case of any disturbance of public pavement, sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense, and within 30 days, replace and restore all public paving, sidewalk, driveway or surfacing so disturbed to at least as good a condition as existed before said work was commenced. In the event that any municipal property is damaged or destroyed in the course of operations of construction by the Company, such property shall be repaired or replaced by the Company within 30 days and restored to serviceable condition. The Company will provide notice to the Municipality, as generally required, before commencing any disturbance of such surfacing.
6.5 All Company strnctures, 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 and suitable condition and in good order and repair. The signal of all audio or video services, including public, educational and government access channels, carried on the Cable Television System shall be canied without material degradation in quality within the limits imposed by the technical state of the art, and as set forth by the FCC, any applicable technical regulations of the PSC, and as generally compared with that of all other audio or video services carried on the Cable System. The Cable Television System shall be operated so that there will be no interference with television reception, radio reception, telephone communications or other installations which are now installed and in use by the Municipality or any Person in the Municipality.
6.6 Access to Cable Service will not be denied to any group of potential residential Subscribers because of the income of the residents of the local area in which such group resides.
SECTION 7. SERVICE AREA AND LINE EXTENSION
7.1 Throughout the term hereof, the Company shall. extend the Cable Television System to all areas of the Municipality that are contiguous to the portion of the Franchise Area where the Company currently provides Cable Service (the "Service Area") and contain at least twenty (20) residential dwelling units per linear strand mile of aerial cable as measured from the Company's closest technologically feasible tie-in point that is actively delivering Cable Service. No contributions in aid of constrnction shall be required of residents in such areas.
7.2 In any area not meeting the density requirements of Section 7.1, the Company shall extend Cable Service thereto provided the Company shall be entitled to and shall receive at its sole option from each Subscriber therein, as a condition precedent to its obligation to commence constrnction, a contribution-in-aid-of construction in such amount as shall be detennined by application of the PSC formula provided for in Pait 895.5(b)(2) of the rules and regulations on cable television or any other formula developed by the Company pursuant to 895.5(b)(5)(ii).
SECTION 8. FACILITIES AND EQUIPMENT
8.1 The Company cunent1y provides a 750 MHz capacity 2-way hybrid fiber/coax system. The Company will also provide to its Subscribers the benefits of advances in cable television technology taking into account the technical and economic feasibility of applying such advances to the Cable System. Economic feasibility shall mean that the Company has a reasonable likelihood of generating a reasonable return on any necessary investment during the remaining te1m of the Franchise, taking into account any consequent early retirement of assets. Moreover, the Cable System will continue to provide throughout the term of the franchise Cable Service comparable to those provided to communities served by the Company's headend located in Albany, New York.
A. Parental control devices capable of preventing individual channels from being viewed shall be made available to all Subscribers at cost. There will be no additional charge to the Subscriber if the device is already paii of the converter or descrambler provided to other similarly situated Subscribers.
B. All signals, transmitted by broadcast television program services, which are directly related to such program services such as stereo transmissions, closed captioning and alternative audio signals, shall be passed through the Cable Television System to Subscribers.
C. The Company shall at all times use materials and equipment of good and durable quality and all work involved in the construction, installation, maintenance and repair of the Cable Television System throughout the te1m of this agreement shall be perfo1med in a safe, thorough and reliable manner.
8.2 Subject to applicable law, the Company will provide, without charge, Standard Installation and one outlet of Basic Cable Service, including one converter box (or other equipment which permits viewing of the Basic Cable Service tier), to the locations listed in Exhibit A hereto. The Cable Service provided pursuant to th.is Section 8.2 shall not be used for commercial purposes. The Municipality shall take reasonable precautions to prevent any inappropriate use or loss or damage to the Company's Cable System.
SECTION 9. CUSTOMER SERVICE AND PROTECTION
9.1 Company shall comply with the customer service/consumer protection standards set fonh in sections 890 and 896 of the Rules and Regulations of the PSC, as maybe amended.
9.2 Service Provisions
A. The Company shall maintain a sufficient number of business telephone lines and personnel to assure that telephone inquiries from Subsc1ibers or potential customers seeking installation, repair service, or disconnection are handled promptly consistent with FCC standards. The Company shalI also maintain staffing levels and support equipment sufficient to assure that telephone inquiries are responded to by the next business day, and that mail inquiries are responded to within ten (10) business days of receipt.
B. The Company shall provide to all Subscribers at least armually, complete written information concerning all services and rates available to such Subscribers in accordance with statute or regulation. Such sales material shall clearly and conspicuously disclose the price and other information concerning the Company's services. Such information shall be written in plain English and shall include but shall not be limited to the following: all Cable Service, tiers and rates, deposits if applicable, installation costs, additional television set charges, and service upgrade or downgrade charges. This information may be provided to Subscribers electronically.
C. Employees of the Company shall not enter a Subscriber's home without pe1mission of the Subscriber.
D. Each employee of the Company entering upon private prope1ty shall be required to have on his or her person an employee identification card issued by the Company and bearing a picture of the employee. 1n addition the Company shall use its best efforts to clearly identify all personnel, vehicles, and other major equipment that are operating under the authority of the Company.
E. The Company shall maintain the System to meet all technical requirements of the FCC and the PSC.
F. Subject to applicable law, the Company shall perform such tests of the performance of the Cable System as may be required by FCC or PSC regulations and shall be responsible for the costs of such tests.
9.3 Installations
A. The Company shall use its best effo1ts to offer Cable Service to all dwelling units entitled to Cable Service under the Franchise within two weeks of a request for such service for aerial installations and after the receipt of any applicable Municipality, state, federal and utility company permits and permission from any landlord or other person controlling access to such premises, if necessary. B. Ground condition permitting, the Company shall use its best efforts to offer Cable Service to all dwelling units entitled to Cable Service under the Franchise which are to be served by underground or buried facilities within two (2) weeks of the receipt of a request for such service and after the receipt of any applicable Municipality, state, federal and utility company permits and permission from any landlord or other person controlling access to such pennits, if necessary. Notwithstanding the above, the Company shall use its best effo1ts to bury any temporary installations that were installed during such periods of time during which burial is impossible due to frozen ground conditions. The Company shall use its reasonable best efforts to complete such work within thirty (30) days after ground conditions permit such burial. 9.4 Repairs
A. Requests for repair service shall be responded to by the Company no later than the end of the next regular business day. B. Response to Cable Television System outages shall be acted on immediately upon notice or knowledge of such outage and service restored as soon as reasonably practicable.
C. The Company shall offer prompt repair service, available during the A.M., P.M. and on weekends. Subscribers shall be notified of the time of service call during these periods consistent with FCC standards. D. In the event of a service outage in excess of four (4) consecutive hours, the Company shall grant such Subscriber a credit in accordance with the rules of the PSC.
9.5 Disconnections
The Company may bill Subscribers for any unreturned equipment until the equipment is returned. The Company shall have the right to disconnect service to a Subscriber for non payment in accordance with the rules of the PSC.
Subscribers shall not be required to pay for replacement of damaged converter or descrambler units and associated equipment supplied by or rented from the Company, if the damage resulted from normal wear and tear.
9.6 Complaint Procedures
All Subscriber complaints or trouble calls shall be handled by the Company in compliance with PSC regulations.
9. 7 Recordkeeping
The Company shall keep a record of all Cable Television System outages and all written complaints filed by Subscribers for two years, which complaint file shall be made available to representatives of the Municipality upon reasonable notice. Nothing contained herein shall require the Company to disclose personally identifiable information about a Subscriber in violation of Federal Law; however, compliance with such requirement will not excuse Company from providing information other than personally identifiable information about individual complaints.
SECTION 10. PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS CHANNELS AND SERVICE
10.1 In order to ensure universal applicability of public, education and government programming, the Company shall provide capacity for one (1) dedicated public access channel, one ( 1) dedicated educational access channel, and one (1) dedicated government access channel ( collectively, "PEG Channels") consistent with the PSC regulations. The tier of service on which such PEG channel(s) may be placed shall be determined by the Company in accordance with applicable law.
10.2 The programming to be carried on each of the PEG Channels set aside by the Company will meet the guidelines for such PEG access programming set forth in applicable FCC and/or PSC Rules and regulations. The Company specifically reserves the right to make or change channel assignments in its sole discretion, provided that the Company provides the Municipality at least thirty (30) days' notice prior to changing a PEG Channel assignment. If a change in a PEG Channel assignment causes the Municipality or its designated PEG access channel administrator ("Designee") 1 to incur additional administrative expenses that it otherwise would not have incurred, the Municipality shall be entitled to seek reimbursement on behalf of itself or its Designee for any such documented expenditures. Within ninety (90) clays of a written request pursuant to this section, the Company shall reimburse for expenditures incurred as a result of a change in PEG Channel assignment, provided that such reimbursement may not exceed $2,500 across all SCHOPEG Municipalities.2 If a PEG Channel provided under this Section is not being utilized by the Municipality, or its Designee, the Company may utilize such PEG Channel, in its sole discretion, until such time as the Municipality elects to utilize the PEG Channel for its intended purpose, in accordance with Part 895.4(c)(12) of the PSC rnles and regulations on cable television.
10.3 Within thirty (30) days after the effective date hereof, the Company shall make a payment to the Municipality in the amount of $148,500 (apportioned across the SCHOPEG Municipalities by Subscriber count) to be used solely for capital costs, including capital maintenance, by Municipality, or its Designee, for PEG access facilities, and which is treated as a capital cost under generally accepted accounting procedures.
10.4 If, by the sta1t of the fifth year of the Franchise term, the Municipality, or its Designee, is producing and deliveJing to the Company's customers in the Municipality at least fifteen (15) hours of original, locally produced PEG programming over the PEG Channels per week on average over the previous year, then the Company shall pay an additional amount of $76,500 (apportioned across the SCHOPEG Municipalities by Subscriber count) to be used solely for capital costs, including capital maintenance, by Municipality, or its Designee, for PEG access facilities, and which is treated as a capital cost under generally accepted accounting procedures. For purposes of this section "locally produced programming" shall be PEG programming produced by and in the Municipality, or by its Designee, and shall exclude character generated or bulletin board type programming or programming repeated more than one time on any PEG Channel.
10.5 Charter and the Municipality recognize that significant technological developments can occur over the timeframe of a fifteen (15)-year agreement. While best efforts have been made to identify such developments, there is always the possibility for unanticipated occurrences to affect the ability of the Municipality or its Designee to effectively meet its mission objectives through no fault of either party. Therefore, no earlier than the ninth anniversary of this Franchise, and not later than the tenth anniversary of this Franchise, the Municipality or its Designee may submit a w1itten request that will identify any additional capital equipment required for the PEG access facilities that is reasonable to meet the cable related community needs, taking into account
1 As of the Effective Date of this Franchise, the Designee is SCHOPEG Access, Inc. 2 As of the Effective Date of this Franchise, the SCHOPEG Municipalities are the Town of Cobleskill, Village of Cobleskill, Village of Delanson, Town of Duanesburg, Town of Esperance, Village of Esperance, Town of Middleburgh, Village of Middleburgh, Town of Richmondville, Village of Richmondville, Town of Schoharie, Village of Schoharie, Town of Seward, Town of Sharon, and Village of Sharon Springs. the costs, and the community usage levels of the existing PEG facilities. Upon receipt of the written request for additional PEG capital support, Charter and the Municipality shall meet to discuss the possibility of providing additional capital funding for the Municipality's PEG access facilities. Charter reserves the right to review the request to determine if it is appropriate to meet the PEG capital needs of the Municipality, taking into account the factors set forth above. The request will not be implemented until it receives the mutual consent of Charter and the Municipality. Any additional PEG funds provided pursuant to this Section 10.5 shall be considered franchise-related costs, and thus they may be passed through to and recovered from Subscribers in accordance with applicable law. If Charter and the Municipality are unable to reach agreement on additional PEG capital support within six months of the Municipality's written request for such support, then Charter and the Municipality shall begin the process of negotiating a renewal or replacement franchise pursuant to Section 626 of the Cable Act. The parties agree that any failure to reach such agreement shall not be a factor in assessing Charter's performance under the Franchise, and shall not be invoked as a basis for a denial of renewal under Section 626.
10.6 Any PEG Channel designation requirements set forth in any other franchise that authorizes cable service in the Municipality shall not be different than the PEG Channel designation requirements required under this Franchise, and any provisions for PEG access facilities, equipment and financial or in-kind support in such other franchise sha11 be competitively neutral when compared to this Franchise. If Municipality grants a franchise to any other provider of cable services to provide such services using facilities located wholly or partly in the Municipality's public rights-of-way, and if such franchise contains obligations that are, based on a pro rata share of subscribers in the Municipality, lesser in amount than the PEG capital support imposed on the Company in this Section 10, the Company's financial or in-kind obligations under this Section 10 shall be reduced to an equivalent amount. The C9mpany may deduct from future franchise fee payments an amount sufficient to make the obligations of this Franchise equivalent to the new franchise.
10.7 Upon written request, the Municipality, or its Designee, shall provide the Company with a complete accounting annually of the distribution of funds granted pursuant to this Section 10.
10.8 Cha1ier may continue to make PEG Channels available in standard defmition ("SD") fonnat, except as provided below.
A. On or after the Effective Date, and provided the Municipality or its Designee, has the ability to produce PEG programming in high definition ("HD"), the Municipality may provide a written request to convert one PEG Channel to a high definition ("HD") channel. Charter shall have one hundred eighty (180) days from receipt of the request to implement the HD PEG channel.
B. Municipality, or its Designee, shall be responsible for providing the PEG Channel signal in an HD fo1mat. Charter shall distribute the PEG access programming over the Cable System. Consistent with this requirement, the Municipality or its Designee, shall cooperate with Charter to procure and provide, at the Municipality's cost, all necessary transmission equipment from the PEG Channel origination point to Charter's headend. Charter agrees to work cooperatively with the Municipality or its Designee, to ensure the necessary PEG transport equipment complies with Charter's network requirements. The Municipality or its Designee, shall be responsible for the costs of all transmission equipment, including HD modulator and demodulator, and encoder or decoder equipment, and multiplex equipment, required for Charter to receive and distribute the Municipality's HD PEG Channel signal, or for the cost of any resulting upgrades to the video return line.
C. Nothing herein shall require Chaiter to provide dual canfage of any PEG channels in both an SD and HD fo1mat.
SECTION 11. INDEMNIFICATION AND INSURANCE
11.1 The Company shall, by acceptance of the Franchise granted herein, defend the Municipality, its officers, boards, commissions, agents, and employees for all claims for injury to any Person or property caused by the negligence of the Company in the construction or operation of the Cable System and in the event of a dete1mination of liability shall indemnify and hold Municipality, its officers, boards, commissions, agents, and employees harmless from any and all liabilities, claims, demands, or judgments growing out of any injury to any Person or property as a result of the negligence of the Company arising out of the construction, repair, extension, maintenance, operation or removal of its wires, poles or other equipment of any kind or character used in connection with the operation of the Cable System, provided that the Municipality shall give the Company written notice of its obligation to indemnify the Municipality within fifteen ( 15) days of receipt of a claim or action pursuant to this Section. 1n the event any such claim arises, the Municipality shall tender the defense thereof to the Company and the Company shall have the right to defend, settle or compromise any claims arising hereunder and the Municipality shall cooperate fully herein. ff the Municipality determines in good faith that its interests cannot be represented by the Company, the Company shall be excused from any obligation to represent the Municipality. Notwithstanding the foregoing, the Company shall not be obligated to indemnify the Municipality for any damages, liability or claims resulting from the willful misconduct or negligence of the Municipality or for the Municipality's use of the Cable System, including any PEG Channels.
11.2 Insurance
A. The Company shall maintain throughout the term of the Franchise insurance in amounts at least as follows:
Workers' Compensation Statutory Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 General Aggregate
Auto Liability including coverage $1,000,000 per occurrence C.S.L. on all owned, non-owned hired autos
Umbrella Liability $1,000,000 per occmTence
B. The Municipality shall be added as an additional insured, arising out of work performed by Company, to the above Commercial General Liability, Auto Liability and Umbrella Liability insurance coverage.
C. The Company shall furnish the Municipality with current certificates of insurance evidencing such coverage upon request.
SECTION 12. ACCOUNT ABILITY
12.1 The Company, at the written request of the Municipality, shall make available the following information:
12.2 All publicly available reports required by or voluntarily submitted to the PSC and the FCC by the Company related to its operation of the Cable Television System or its conduct of business in the Municipality.
12.3 A repo1t setting forth the physical miles of plant constmction and plant in operation for the year, and copies of all materials required by this Franchise to be given to Subscribers.
12.4 The following financial reports:
A. A copy of the annual report of the Company or its corporate parent(s) including financial infomiation that has been prepared by a nationally recognized independent certified accounting firm.
B. An annual list of officers and members of the Board of the Company or of any parent corporation.
C. The Company shall maintain the following records for as long as necessary for its business purposes:
(1) A record of all written complaints including the date and time the complaint was received, nature of complaint, date and time resolved, and action taken to resolve.
(2) A log showing the date, approximate time and duration, type and probable cause of all Cable Television System outages, whole or partial, due to causes other than routine testing or maintenance.
(3) The Municipality reserves the right to inspect any and all records that the Company is required to maintain pursuant to this Franchise upon reasonable written notice and during 1101mal business hours. The Company shall promptly make such materials available at a mutually agreeable location. Nothing contained herein shall require the Company to make available personally identifiable infonnation about a Subscriber in violation of Federal law.
(4) At the request and invitation of the Municipality during the term of this Franchise, an appropriate representative of the Company shall appear at public sessions scheduled by the Municipality to answer the inquiries of representatives of the Municipality and the residents of the Municipality pertaining to the operation of the Cable Television System in the Municipality.
(5) At the request of the Municipality, the Company shall provide to the Municipality copies of all general correspondence to its Subscribers within the Municipality. The Company shall provide its Subscribers and the Municipality 30 days' prior w1itten notice of all service additions, deletions, or realignments to the extent required by applicable law and regulations.
SECTION 13. RATES
13.l The Company shall provide notification to Municipality and Subscribers of rate changes as required by Section 890.69 of the Rules and Regulations of the PSC, as may be amended.
A. The Company shall provide to the Municipality and each Subscriber a complete schedule of all residential rates and charges for all residential services provided by the Company in the Municipality as may be required by federal law or PSC rules.
B. The rates and charges for Cable Service provided pursuant to this Franchise shall be subject to regulation in accordance with federal law. If and when exercising rate regulation, the Grantor shall abide by the tenns and conditions set forth by the FCC.
C. The Company shall not illegally discrilninate against individuals in the establishment and application of rates and charges for Cable Service. This provision is not intended to and shall not prohibit (i) legal sales, promotions or other discounts which the Company deems necessary or desirable to market its Cable Service; (ii) the Company from legally providing any of its services (and at such rates) as it shall deem necessary or desirable to any or all Subscribers where Cable Service or any silnilar service is offered or provided in competition with the Company's services; or (iii) the Company from legally discounting rates to persons who subsctibe to any services on a seasonal basis or discounting rates to persons who subsctibe to any services that are provided on a bulk basis.
SECTION 14. FRANCHISE FEE
14.1 The Company shall pay to the Municipality on a quarterly basis throughout the term of this Franchise a sum equal to five percent (5%) of Gross Revenues, as defined herein, subject to applicable law including the regulations of the PSC. Franchise fees provided shall be paid within forty-five ( 45) days after the end of each calendar quarter. No acceptance of any payment shall be construed as an accord that such payment is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the Municipality may have for further or additional sums payable based upon the provisions of this franchise renewal agreement. If any undisputed franchise fee payment or recomputed payment is not made on or before the dates specified herein, Company shall pay an interest charge, computed from the last day of the fiscal year in which payment was due, at the annual rate of one (I%) percent over the prime interest rate. 14.2 Underlying books and records of the Company may be audited on the Municipality's behalf only to the extent required to verify that franchise fees have been correctly paid and the Company shall cooperate fully with the Municipality and its agents in the conduct of the audit.
14.3 If an error of greater than 5% of the correct franchise fee owed is found during an audit, the Company shall, subject to applicable law, promptly reimburse the Municipality for reasonable expenses incurred in the conduct of the audit, up to $5,000, in addition to any additional fee owed the Municipality.
SECTION 15. RIGHT TO INSPECT BOOKS - REGULATORY OFFICER
15.1 The Municipality reserves the right to inspect all of the Company's books, records, service area maps, financial statements and other similar material of the Company, insofar as they relate to the terms and conditions of this Agreement and the performance of the obligations in this Agreement. The Municipality agrees to treat as confidential any books, records, or financial statements that constitute proptietary or confidential infonnation to the extent the Company makes the Municipality aware of such confidentiality. ff the Municipality believes it must release any such confidential books, records, service area maps or financial statements in the course of enforcing this Franchise, or for any other reason, it shall advise the Company in advance so that the Company may take approptiate steps to protect its interests. Until otherwise ordered by a com1 or agency of competent jurisdiction, the Municipality agrees that, to the extent permitted by State and federal law, it shall deny access to any of the Company's books and records marked confidential, as set forth above, to any Person.
15.2 The Municipality Board shall designate the Supervisor as the official who shall be responsible for administration of the Franchise.
SECTION 16. ENFORCEMENT
16.1 Violations and Opportunity to Cure. A. If the Municipality has reason to believe that the Company violated any provision of this Franchise, it shall notify the Company in writing of the nature of such violation and the section(s) of this Franchise that it believes has been violated and the details relating thereto. If the Municipality does not notify the Company of any violation of this Franchise, it shall not operate as a waiver of any rights of the Municipality hereunder or pursuant to applicable law, unless such failure prejudices the rights of Company.
B. The Company shall have thirty (30) days to cure such violation after w1itten notice is received by taking appropriate steps to comply with the terms of this Franchise. If the nature of the violation is such that it cannot be fully cured within thirty (30) days, the period of time in which the Company must cure the violation shall be extended by the Municipality i11 writing for such additional time necessary to complete the cure, provided that the Company shall have promptly commenced to cure and is diligently pursuing its efforts to cure in the reasonable judgment of the Municipality.
C. If the violation has not been cured within the time allowed under Section 16.l(B), and, in the Municipality's judgment, the Company has not taken reasonable steps to cure the violation, then the Municipality may conduct a public hearing for the purposes of determining whether the Company has breached a material provision of the Franchise. The Company shall be provided at least 30 days' advanced written notice of the hearing. At the heating, the Company shall be provided an opportunity to present evidence, and to examine and cross-examine witnesses. The hearing shall be transcribed by a certified court reporter. If at the conclusion of the hearing the Municipality has determined that Company has breached a material term of the Franchise, the Municipality may deem that the Company is liable for liquidated damages and/or any other right or remedy and the Municipality's costs in accordance with Section 16.2. The decision of the Municipality shall be made in writing and shall be delivered to the Company. The Company shall have the right to appeal any decision by Municipality in accordance with applicable law. The standard of review for such appeal shall be "de novo."
16.2 Liquidated Damages A. Because Charter's failure to comply with material terms of this Agreement may result in hann to the Municipality, and because it will be difficult to measure the extent of such injury, the Municipality may assess liquidated damages, as pennitted by applicable law, against Charter in the amount of One Hundred Dollars ($100.00) per day for each day the violation continues, provided Chaiter has had notice and an oppottuni.ty to cure in accordance with Section 16. l (B) and the Municipality is not pursuing other penalties or remedies. The Municipality shall provide Charter with written notice that it intends to assess liquidated damages as a remedy. Such damages shall be an exclusive remedy for the time period in which they are assessed, provided, however, they shall not be a substitute for specific performance by Charter or legal action by the Municipality once assessment of liquidated damages ceases, but shall be in addition to such specific perfo1mance or legal action. Nothing herein is intended to allow duplicative recovery from or payments by Charter or its surety.
B. The first day for which liquidated damages may be assessed, ifthere has been no cure after the end of the applicable cure period, shall be the date after the end of the applicable cure period, including any extension of the cure period granted by the Municipality. The Municipality may commence revocation proceedings and/or initiate an action in law or equity in a court of competent jurisdiction after the assessment of liquidated damages or in lieu of liquidated damages.
C. The amount of all liquidated damages per annum shall not exceed five thousand dollars ($5,000) in the aggregate. With respect to liquidated damages, all similar violations or failures from the same factual events affecting multiple Subscribers shall be assessed as a single violation, and a violation or failure may only be assessed under any one material term.
16.3 Revocation
A. In addition to the other rights, powers and remedies retained by the Municipality under this Franchise, the Municipality reserves the separate and distinct right to revoke this Franchise if:
(1) It is demonstrated the Company practiced any fraud or deceit upon the Municipality in the operation of its Cable System or any other activities pursuant to this Franchise; (2) The Company repeatedly fails, after notice and opportunity to cure, to maintain signal quality pursuant to the standards provided for by the FCC; or (3) The Company repeatedly violates, after notice and oppo1tunity to cure, one or more of the material terms or conditions of this Franchise.
B. The foregoing shall not constitute a violation of a material term or condition if the violation occurs without the fault of the Company or occurs as a result of circumstances beyond its control or by reason of Force Majeure as defmed in Section 24. The Company shall not be excused from the performance of any of its obligations under this Franchise by mere economic hardship or by the misfeasance or malfeasance of its directors, officers or employees.
C. A revocation shall be declared only by a written decision of the Municipality Board after an appropriate public bearing that shall afford the Company due process and full opportunity to be heard. This shall include the ability to introduce evidence, to question witnesses and to respond to any notice of grounds to terminate in accordance with the standards of a fair hearing applicable to administrative hearings in the State of New York. All notice requirements shall be met by providing the Company at least thirty (30) days prior written notice (via certified mail-return receipt requested) of any public hearing concerning the proposed revocation of this Franchise. Such notice shall state the grounds for revocation. The Municipality, after a public hearing and upon finding the existence of grounds for revocation, may either declare thjs Franchise terminated or excuse such grounds upon a showing by the Company of mitigating circumstances or good cause for the existence of such grounds. The Municipality shall issue such declaration and finding within thirty (30) days in a written decision which shall be sent via certified or overnight mail to the Company.
16.4 Performance Bond. A. The Company shall obtain and maintain, during the Franchise term, at its sole cost and expense, a performance bond running to the Municipality with a surety company licensed to do business in the State of New York and satisfactory to the Municipality to ensure the Company's faithful performance of its obligations. The performance bond shall provide that the Municipality may recover from the principal and surety any and all liquidated damages and/or compensatory damages incurred by the Municipality for the Company's violations of this Franchise, after notice and opportunity to cure in accordance with Sections 16.1 and 16.2, above. B. The performance bond shall be in the amount of $35,000. The Company shall not reduce, cancel or matetially change said bond from the requirement contained herein without the express prior wtitten perrrussion of the Municipality. Notwithstanding the foregoing, if, by the start of the fomth year of the Franchise term, the Municipality has not drawn against the performance bond, then the Company shall be pe1mitted to reduce the performance bond to $5,000 for the remainder of the Franchise te1m. 16.5 The Company retains all rights of judicial appeal provided by Federal and State law or regulation. SECTION 17. ABANDONMENT
17.1 The Company is expressly prohibited from abandoning the Cable System without the written consent of the Municipality.
SECTION 18. RESTRICTIONS AGAINST ASSIGNMENT AND TRANSFERS
18.1 Subject to Section 617 of the Communications Act, 47 U.S.C. § 537, as amended, no transfer of the Franchise shall occur without the prior consent of the Municipality, provided that such consent shall not be unreasonably withheld, delayed or conditioned. In considering an application for the transfer of the franchise, the Municipality may consider the applicant's: (i) technical qualifications; (ii) financial qualifications; and (iii) legal qualifications necessary to continue to operate the Cable System consistent with the terms of the Franchise. However, no such consent shall be required in the event of a transfer or assignment to an entity under common control with the Company. SECTION 19. EQUAL EMPLOYMENT OPPORTUNITY
19.1 The Company shall not refuse to hire or employ nor discharge or bar from employment nor discriminate against any person in compensation or in terms, conditions and privileges of employment because of age, race, creed, color, national 01igin or sex. SECTION 20. NOTICE
20.1 Public Notice. Any inquiry, proceeding, investigation or other action to be taken or proposed to be taken by the Municipality in regard to the operations of the Company's Cable Television System shall be taken only after thiJ.ty (30) days public notice of such action or proposed action is served directly on the Company, and the Company and all interested parties and citizens have been given an opportunity to respond in writing and/or at a hearing as may be specified by the Municipality. 20.2 Unless otherwise provided by federal, State or local law, all notices pursuant to this Franchise shall be in writing and shall be deemed to be sufficiently given upon delivery to a Person at the address set forth below, or by U.S. ce1tified mail, return receipt requested, nationally or internationally recognized courier service such as Federal Express or electronic mail communication to the designated electronic mail address provided below. The Company shall provide thirty (30) days' written notice of any changes in rates, programming services or channel positions using any reasonable written means. As set forth above, notice served upon the Municipality shall be delivered or sent to: Municipality: Supervisor Roger Tidball Town of Duanesburg 5853 Western Turnpike Duanesburg, New York 12056 Email: [email protected]
Company: Kevin. Egan Director, Government Affairs 20 Century Hill Drive Latham, NY 12ll0 Email: [email protected]
Copy to: Chatter Communications Attn: Vice President, Government Affairs 12405 Powerscourt Drive St. Louis, MO 63131
SECTION 21. SEVERABILITY
21.1 In the event that any provision of this Agreement should be invalidated by a court or regulatory agency of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. SECTION 22. APPROVAL OF PSC
22.J This Franchise, and any subsequent amendments hereto, are subject to applicable federal and State law, the Rules and Regulations of the FCC, the PSC and any other applicable regulatory body with appropriate jurisdiction. Further, this Franchise and any subsequent amendments are subject to the approval of the PSC. SECTION 23. REQUEST FOR AUTHOIUZATION
23.1 Company shall file requests for any necessary operating authorization with the PSC and the FCC within sixty (60) clays from the date the franchise is awarded by the Municipality. SECTION 24. FORCE MAJE URE
24.1 The Company shall not be held in default under, or in noncompliance with the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occutTecl or were caused by circumstances reasonably beyond the ability of the Company to anticipate and control. This provision includes, but is not limited to, severe or unusual weather conditions, fire, flood, or other acts of Goel, strikes, acts of vandalism, work delays caused by failure of utility providers to service, maintain or monitor their utility poles to which the Company's Cable System is attached, as well as unavailability of materials and/or qualified labor to perfo1m the work necessary.
IN WITNESS WHEREOF, the Municipality and Company ha".e caused this Agreement to be signed by their duly authorized officials and officers as of ..._ ~M Y , 2019.
Town of Duanesbut;g ---- ,..4 --- -::::;, Signature: d(,.,fi:: ,.....-- ~ -,..c.z ,.....,...-··· 7. ,,,. Acct.:pled thi!,, _03 day of ______July , 20 I(), subjed to applicable federal and Stale law.
TIME WARNER CABLE NORTHEAST LLC By Charter Comn1tmications, Inc., Its Manager
Signature: f;,_f ~
Name/Title:· ------VP, Local Gov't Affairs & Franchising EXJIIBI.T A
TOWN OF DUANESBURG QUAKER ST FIRE DISTRJCT 10136 DUANESBURG RD DUANESBURG, NY 12056
TOWN OF DUANESBURG DUANESBURG TOWN HALL 5853 WESTERN TPKE DUANESBURG, NY 12056
TOWN OF DUANESBURG QUAKER STREET/DUANESBURG LIBRARY 133 BULL ST DELANSON, NY 12053
TOWN OF DUANESBURG DUANESBURG VOL AMBULANCE DUANESBURG RD DUANESBURG, NY 12056
TOWN OF DUANESBURG DUANESBURG ELEMENTARY SCHOOL 165 CHADWICK RD DELANSON, NY 12053
TOWN OF DUANESBURG HRE HSE DUANESBURGH 4 DEPOT RD DUANESBURG, NY 12056 RECEIVEC
State of New York, ss.: TOWN OF DUP,r·n::::::nii 1• 11 City and County of Schenectady TOWN CLE:~1e
LEGAL NOTICE NOTICE OF PUBLIC HEARING TOWN BOARD TOWN OF DUANESBURG PLEASE TAKE NOTICE, that the Town Board of the Town of Duanesburg, New York, will meet at the Town Offices of Duanesburg located at 5853 western Turnpike, on Thursday, May 23, 2019 at 7:00 p.m. for the purpose of hearing all persons interested in the Diana Scheuer of the City of Schenectady, matter of: The proposed renewal being duly sworn, says that he/she is Principal of the cable t elevision franchise agreement between t he Town of Clerk in the office of the Daily Gazette Co., Duanesburg and Time Warner cable Northeast, published in the City of Schenectady and that LLC 1/k/a Charter Communications. the notice/advertisement, of which the annexed Persons may appear at the hearing in person or by agent and may also is a printed copy, has been regularly published submit written com ments to the Town Board in the Daily Gazette and/or Sunday Gazette prior to or at such hear ing. BY ORDER OF THE TOWN as follows: BOARD · TOWN OF DUANESBURG Dated: April 25, 2019 5/10 2375602 1 insertion on May 10, 2019 ~,,.. £ ~ Sworn to me on this 22nd day of May, 2019
NOTARY PUBLIC
AUSON COOKE COMM!SS!ONcR OF [;~EDS e:r7/ j MY COMMISSION EXPIRES 2 j 2{) J 9 State of New York, ss.: City and County of Schenectady
19/7/2019 LEGAi; NOTICE FOR APPLICAl'IOH OF FRANCHISE RENEWAL PLl!ASE TAKE NOTICE ttiat Time Warner cable Northeast LLC .(now known as Spectrup1 Northeast, LLC); lo oa.lly Melanie Abraham of the City of Schenectady, knQWn a$ Gharter Cbm· munlcatlons, has flied being duly sworn, says that he/she is Principal an arpllaatlon for re• newa of Its ¢a bl a 'Tolo vlslorl Frnnchfso In tl'ie Clerk in the office of the Daily Gazette Co., Town of Duanesburg, Schenectady County, published in the City of Schenectady and that New York. The application and all the notice/advertisement, of which the annexed comments filed relative thereto are avallable for publll:: Inspection at is a printed copy, has been regularly published the Town of Duanesburg office during normal in the Daily Gazette and/or Sunday Gazette business hours. Inter· ested persons may file commonts on th0- ap· as follows: plication wit~ the Town of Duanesburg Clerk, 5853 Western Turnpike, Duanesburg, ·NY 12056 and with the New York 1 insertion October 9, 2019 State Public Service Commission within 10 days of publication, Comments may be ad· dressed to Hon. Kathleen Burgess, secretary, New York State PUbllc Service Commission, 3 Empire . State Plaza, Albany, NY 12223. 10/9 2389217
Sworn to me on this 23rd day of October, 2019
NOTARY PUBLIC ~-~P~? Q_ COMMISSIONER OF DEEDS MY COMMISSION EXPIRES 07/22../zoz_/