March 8, 2019
Hon. Kathleen H. Burgess, Secretary NYS Public Service Commission Three Empire State Plaza Albany, NY 12223-1350
RE: Franchise Renewal – Time Warner Cable Northeast LLC With the Town of Esperance
Dear Secretary Burgess:
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 November 18, 2018 3. Fully executed copy of Franchise Renewal Agreement dated December 13, 2018 4. Copy of latest annual test data compiled for this part of the Division’s CATV System at PSC 5. Published legal notices
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: The Honorable Earl Van Wormer, Supervisor
20 Century Hill Drive Latham, NY 12110
STATE OF NEW YORK PUBLIC SERVICE COMMISSION______
In the matter of application of TIME WARNER CABLE NORTHEAST LLC, locally known as Charter Communications for renewal of its Certificate of Confirmation and Cable Television Franchise in the TOWN OF ESPERANCE, County of Schoharie, New York ______
1. The exact legal name of the applicant is Time Warner Cable Northeast LLC
2. The applicant does business under the name Charter Communications
3. Applicant’s address and telephone number:
Charter Communications 20 Century Hill 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 video subscribers in each of the communities as of December, 2018 are:
Municipality Subscribers Carlisle, Town 334 Cherry Valley, Town 11 Cherry Valley, Village 173 Cobleskill, Town 396 Cobleskill, Village 1,058 Delanson, Village 211 Duanesburg, Town 670 Esperance, Town 299 Esperance, Village 84 Middleburgh, Town 174 Middleburgh, Village 270 Richmondville, Town 247 Richmondville, Village 236 Schoharie, Town 368 Schoharie, Village 307 Seward, Town 251 Sharon Springs, Village 196 Sharon, Town 95
6. The following signals are regularly carried by the ENY cable system: (see attached channel/rate card).
7. The applicant does provide channel capacity for local origination. During the past twelve 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 Esperance system are: (see attached).
9. During the past 12 months, the applicant has placed the following miles of new cable television plant in operation In the following municipalities:
Municipality Plant Miles Carlisle, Town Cherry Valley, Town 1.09 Cherry Valley, Village Cobleskill, Town 0.68 Cobleskill, Village Delanson, Village 3.82 Duanesburg, Town 0.21 Esperance, Town 0.14 Esperance, Village Middleburgh, Town Middleburgh, Village Richmondville, Town 0.13 Richmondville, Village Schoharie, Town Schoharie, Village Seward, Town Sharon Springs, Village 0.35 Sharon, Town
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 the 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 months. ______
13. No event or change has occurred during the past twelve 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 Esperance Certificate of Confirmation and Franchise Renewal Agreement.
Dated: January 24, 2019
By: Kevin Egan Director, Government Affairs SPECTRUM HD CHANNEL LINEUP° Cobleskill, Middleburgh | December 2018
TV PACKAGES 490 Gem Shopping Net 287 BET Jams 946 TBN Enlace USA 494 Liquidation Channel 288 Nick Music 962 AyM Sports SPECTRUM BASIC 496 Hillsong Channel 290 BET Soul 971 Cinelatino 625 SundanceTV 303 ESPN Classic 972 Cine Mexicano (Includes Digital Music channels 627 IFC 307 MLB Strike Zone 979 De Película Clásico and the following services) 311 NFL RedZone 980 De Película 1 Spectrum News - Capital SPECTRUM TV SILVER 312 NHL Network 982 ViendoMovies 371 ESPN GoalLn/BasesLd 983 Ultra Mex Region (Includes Spectrum TV Select 4 WNYA - MyTV 372 FCS Atlantic 984 Ultra Cine 6 WRGB - CBS and the following channels) 373 FCS Central 985 Ultra Clásico 374 FCS Pacific 8 WXXA - FOX Digi Tier 1 10 WTEN - ABC 375 PAC-12 Network MI PLAN LATINO 19 Nick Jr. 376 PAC-12 Los Angeles 11 WMHT - PBS (Includes Spectrum TV Basic, Latino 13 WNYT - NBC 43 OWN 377 PAC-12 Arizona 14 C-SPAN 51 Golf Channel 378 PAC-12 Washington View and the following services) 15 WCWN - The CW 58 TCM 379 PAC-12 Oregon 5 TBS 20 WYPX - ION 64 LMN 380 PAC-12 Mountain 23 The Weather Channel 21 C-SPAN2 68 Disney XD 381 PAC-12 Bay Area 27 TNT 22 C-SPAN3 74 NFL Network 382 BTN 28 USA Network 83 NY State Legislature 75 FXX 392 - 399 ESPN College Extra 29 AMC 91 WRNN - IND 86 Disney Junior 408 Outdoor Channel 31 FX 159 QVC 124 UP 413 TVG 32 Cartoon Network 176 HSN 128 Reelz 417 BeIN SPORTS 34 Disney Channel 188 Jewelry TV 130 Nat Geo Wild 419 FOX Soccer Plus 35 Freeform 194 EVINE 131 Smithsonian Channel 443 BeIN SPORTS Español 36 Comedy Central 1233 WUCB - IND 132 Animal Planet 468 The Cowboy Channel 37 Discovery Channel 1240 WTEN - getTV 133 Viceland 620 MoviePlex 38 A&E 1245 WNYT - MeTV 134 fyi, 621 IndiePlex 39 HISTORY 1246 WNYT - Heroes & Icons 144 Fusion 622 RetroPlex 40 TLC 1250 WXXA - Capital OTB 145 El Rey Network 623 FLIX - E 41 HGTV 1251 WXXA - Laff 161 DIY Network 640 HDNet Movies 42 Food Network 1255 WRGB - TBD TV 163 Cooking Channel 1554 Willow TV 59 Bravo 169 Fuse 60 E! 1256 WRGB - Comet TMC 1260 WCWN - Charge! 174 Lifetime Real Women 76 Hallmark Mov. & Myst. 1265 WNYA - Light TV 177 GSN 571 TMC - E 77 Hallmark Channel 1266 WNYA - Decades 180 Discovery Life Channel 572 TMC XTRA - E 82 Investigation Discovery 1275 WMHT - Create 184 TV One 86 Disney Junior 1276 WMHT - World 185 ASPiRE TV STARZ 1277 WMHT - PBS Kids 187 Ovation 581 Starz - E OTHER SERVICES 1301 P.E.G. 209 BBC World News 582 Starz Edge - E 595 EPIX 1303 Government Access 210 i24 583 Starz in Black - E 214 NY1 Traffic 584 Starz Kids & Fam. - E 597 EPIX 2 - E 215 Spectrum News - NY1 598 EPIX HITS SPECTRUM SELECT 585 Starz Cinema - E 222 Newsmax TV 586 Starz Comedy - E 599 EPIX Drive-In (Includes Spectrum TV Basic 224 Newsy 650 iN DEMAND Previews and the following services) 255 Universal Kids STARZ ENCORE 651 HD Pay-Per-View 256 Baby First TV 602 StarzEncore - E 660 iN DEMAND 1 5 TBS 291 REVOLT 661 iN DEMAND 2 23 The Weather Channel 603 StarzEncore Action-E 292 FM 604 StarzEncore Black-E 700 - 722 MLB Extra Innings 24 ESPN 295 GAC 725 - 743 NBA League Pass 25 ESPN2 605 StarzEncore Classic-E 297 RFD-TV 606 StarzEncore Susp-E 1400 ZTC Chinese 26 MSG Plus 299 AXS TV 1401 CCTV-4 27 TNT 607 StarzEncore Wstns-E 302 ESPNEWS 608 StarzEncore Fam-E 1403 Phoenix N. America 28 USA Network 306 MLB Network 1404 Phoenix InfoNews 29 AMC 308 NBA TV 1422 TVB1 Cantonese 30 Lifetime MULTICULTURAL 315 CBS Sports Network CHANNELS 1423 TVB2 Cantonese 31 FX 316 Olympic Channel 1424 TVBE Cantonese 32 Cartoon Network 370 ESPNU 1425 TVBS Mandarin 33 Nickelodeon 401 FOX Sports 2 LATINO VIEW 1450 The Filipino Channel 34 Disney Channel 406 Tennis Channel 62 Univisión 1452 GMA Pinoy TV 35 Freeform 440 ESPN Deportes 1453 GMA Life TV 36 Comedy Central 97 Galavisión 442 FOX Deportes 145 El Rey Network 1456 DZBB Filipino Audio 37 Discovery Channel 444 Univisión Deportes 1457 DWLS Filipino Audio 38 A&E 416 GOL TV 465 BYUtv 417 BeIN SPORTS 1500 TV Japan 39 HISTORY 474 The Impact Network 1515 SBN (Vietnamese) 40 TLC 440 ESPN Deportes 625 SundanceTV 442 FOX Deportes 1516 TVBV Vietnamese 41 HGTV 627 IFC 1532 Sahara Filmy 42 Food Network 443 BeIN SPORTS Español 898 NBC Universo 444 Univisión Deportes 1533 ZEE TV
44 NBC Sports Network 803 Telemundo 1539 ITV Gold 45 BET HBO 1540 SWAGAT TV 46 CNN 804 UniMás 511 HBO - E 1541 SET Asia 47 HLN 806 Azteca América 512 HBO 2 - E 1542 TV Asia 48 CNBC 811 Estrella TV 513 HBO Signature - E 1551 ABP News 49 msnbc 834 CNN en Español 514 HBO Family - E 1557 New Delhi TV Limited 52 YES Network 841 Mexico 22 515 HBO Comedy - E 1575 TV5MONDE 53 SYFY 842 Estudio 5 516 HBO Zone - E 1581 RAI Italia 54 MSG 843 Multimedios Televisión 517 HBO Latino - E 1592 TVP Polonia 57 MTV 844 Once Canal 845 TeleFórmula 1595 Polish Radio 1 59 Bravo Cinemax 1596 Polish Radio 3 60 E! 847 FOROtv 531 Cinemax - E 849 Ultra Docu 1610 RTN (Russian) 61 National Geographic 1612 C1R (Russia) 65 WE tv 532 MoreMAX - E 850 Canal Sur 533 ActionMAX - E 853 SUR Perú 1613 RTVI (Russian) 66 SportsNet New York 1621 Russian Kino 67 Bloomberg Television 534 ThrillerMAX - E 855 TV Chile 535 OuterMAX - E 856 Caracol 1632 ART Cable 69 BBC America 1802 Hustler TV 70 FOX News Channel 536 Cinemáx - E 857 RCN Nuestra Tele 537 5 StarMAX - E 860 CentroamericaTV 1805 Penthouse TV (Prem.) 7 1 truTV 1807 REAL 72 FOX Business Network 538 MovieMAX - E 861 Tele El Salvador 865 Ecuavisa Internacional 1809 TEN 73 FOX Sports 1 Showtime 1811 Playboy TV 76 Hallmark Mov. & Myst. 867 TV Venezuela 551 Showtime - E 870 Super Canal 1812 Playboy TV en Español 77 Hallmark Channel 1828 Manhandle 78 EWTN 552 SHO 2 - E 87 1 Telemicro 553 Showtime Showcase-E 872 Television Dominicana 1901-1916 Music Choice 79 FX Movie Channel 1918-1932 Music Choice 81 INSP 554 SHO Extreme - E 874 WAPA América 555 SHO Beyond - E 875 Cubaplay 1934-1939 Music Choice 82 Investigation Discovery 1941-1950 Music Choice 84 CMT 556 SHO Next - E 877 Antena 3 Internacional 85 Travel Channel 557 SHO Women - E 891 FOX Life 87 WGN America 558 Showtime Fam Zn - E 895 Univisión tlnovelas 8 8 MotorTrend 898 NBC Universo 89 TBN SPECTRUM TV GOLD 910 Bandamax 911 Ritmoson Latino 90 SonLife (Includes Spectrum TV Silver 93 SEC Network 912 TeleHit 94 Oxygen and the following channels) 913 Video Rola 915 Ultra Fiesta 95 MSG2 Plus Digi Tier 2 96 MSG 2 918 Ultra Familia 97 Galavisión 74 NFL Network 919 Ultra Kidz 98 Daystar 119 MTV2 921 Cartoon Network (SAP) 109 FXX 120 MTV Classic 922 Semillitas 132 Animal Planet 135 Destination America 923 ¡Sorpresa! TV 175 Pop 136 Science Channel 924 Discovery Familia 385 SEC Extra 137 Crime & Investigation 925 Disney XD 476 Shop Zeal 6 140 American Heroes Ch. 926 Atres Series 477 Shop Zeal 7 141 Military History 928 BabyFirstTV (SAP) 478 Shop Zeal 8 175 Pop 92 9 BabyTV (SAP) 481 QVC2 179 LOGO 930 Discovery en Español 482 Shop Zeal 1 182 BET HER 931 Nat Geo Mundo 484 HSN2 208 CNBC World 932 HISTORY en Español 485 Shop Zeal 3 253 Boomerang 933 HITN 486 Shop Zeal 4 262 Nicktoons 935 Mexicanal 488 Shop Zeal 5 263 TeenNick 936 Aplauso TV 489 Shop Zeal 2 266 Discovery Family 937 Ultra Macho 286 MTV Live 945 EWTN en Español For more information visit Spectrum.net. ALPHABETICAL DWLS Filipino Audio... 1457 Hustler TV...... 1802 PAC-12 Oregon...... 379 TBS...... 5 WRNN - IND...... 91 CHANNEL LIST DZBB Filipino Audio.... 1456 i24...... 210 PAC-12 Washington...... 378 TCM...... 58 WTEN - ABC...... 10 E!...... 60 IFC...... 627 Penthouse TV (Prem.).1805 TeenNick...... 263 WTEN - getTV...... 1240 5 StarMAX - E...... 537 Ecuavisa Internacional.. 865 iN DEMAND 1...... 660 Phoenix InfoNews...... 1404 Tele El Salvador...... 861 WUCB - IND...... 1233 A&E...... 38 El Rey Network...... 145 iN DEMAND 2...... 661 Phoenix N. America....1403 TeleFórmula...... 845 WXXA - Capital OTB... 1250 ABP News...... 1551 EPIX...... 595 iN DEMAND Previews.. 650 Playboy TV...... 1811 TeleHit...... 912 WXXA - FOX...... 8 ActionMAX - E...... 533 EPIX 2 - E...... 597 IndiePlex...... 621 Playboy TV en Español.1812 Telemicro...... 871 WXXA - Laff...... 1251 AMC...... 29 EPIX Drive-In...... 599 INSP...... 81 Polish Radio 1...... 1595 Telemundo...... 803 WYPX - ION...... 20 American Heroes Ch.... 140 EPIX HITS...... 598 Investigation Discovery...82 Polish Radio 3...... 1596 Television Dominicana.. 872 YES Network...... 52 Animal Planet...... 132 ESPN...... 24 ITV Gold...... 1539 Pop...... 175 TEN...... 1809 ZEE TV...... 1533 Antena 3 Internacional. 877 ESPN Classic...... 303 Jewelry TV...... 188 QVC...... 159 Tennis Channel...... 406 ZTC Chinese...... 1400 Aplauso TV...... 936 ESPN College Extra...... Lifetime...... 30 QVC2...... 481 The Cowboy Channel...468 ART Cable...... 1632 392-399 Lifetime Real Women.... 174 RAI Italia...... 1581 The Filipino Channel....1450 ASPiRE TV...... 185 ESPN Deportes...... 440 Liquidation Channel.....494 RCN Nuestra Tele...... 857 The Impact Network.... 474 Atres Series...... 926 ESPN GoalLn/BasesLd.. 371 LMN...... 64 REAL...... 1807 The Weather Channel.....23 AXS TV...... 299 ESPN2...... 25 LOGO...... 179 Reelz...... 128 ThrillerMAX - E...... 534 AyM Sports...... 962 ESPNEWS...... 302 Manhandle...... 1828 RetroPlex...... 622 TLC...... 40 Azteca América...... 806 ESPNU...... 370 Mexicanal...... 935 REVOLT...... 291 TMC - E...... 571 Baby First TV...... 256 Estrella TV...... 811 Mexico 22...... 841 RFD-TV...... 297 TMC XTRA - E...... 572 BabyFirstTV (SAP)...... 928 Estudio 5...... 842 Military History...... 141 Ritmoson Latino...... 911 TNT...... 27 BabyTV (SAP)...... 929 EVINE...... 194 MLB Extra Innings. 700-722 RTN (Russian)...... 1610 Travel Channel...... 85 Bandamax...... 910 EWTN...... 78 MLB Network...... 306 RTVI (Russian)...... 1613 truTV...... 71 BBC America...... 69 EWTN en Español...... 945 MLB Strike Zone...... 307 Russian Kino...... 1621 TV Asia...... 1542 BBC World News...... 209 FCS Atlantic...... 372 MoreMAX - E...... 532 Sahara Filmy...... 1532 TV Chile...... 855 BeIN SPORTS...... 417 FCS Central...... 373 MotorTrend...... 88 SBN (Vietnamese)...... 1515 TV Japan...... 1500 BeIN SPORTS Español.443 FCS Pacific...... 374 MovieMAX - E...... 538 Science Channel...... 136 TV One...... 184 BET...... 45 FLIX - E...... 623 MoviePlex...... 620 SEC Extra...... 385 TV Venezuela...... 867 BET HER...... 182 FM...... 292 MSG...... 54 SEC Network...... 93 TV5MONDE...... 1575 BET Jams...... 287 Food Network...... 42 MSG 2...... 96 Semillitas...... 922 TVB1 Cantonese...... 1422 BET Soul...... 290 FOROtv...... 847 MSG Plus...... 26 SET Asia...... 1541 TVB2 Cantonese...... 1423 Bloomberg Television.....67 FOX Business Network...72 MSG2 Plus...... 95 SHO 2 - E...... 552 TVBE Cantonese...... 1424 Boomerang...... 253 FOX Deportes...... 442 msnbc...... 49 SHO Beyond - E...... 555 TVBS Mandarin...... 1425 Bravo...... 59 FOX Life...... 891 MTV...... 57 SHO Extreme - E...... 554 TVBV Vietnamese...... 1516 BTN...... 382 FOX News Channel...... 70 MTV Classic...... 120 SHO Next - E...... 556 TVG...... 413 BYUtv...... 465 FOX Soccer Plus...... 419 MTV Live...... 286 SHO Women - E...... 557 TVP Polonia...... 1592 C-SPAN...... 14 FOX Sports 1...... 73 MTV2...... 119 Shop Zeal 1...... 482 Ultra Cine...... 984 C-SPAN2...... 21 FOX Sports 2...... 401 Multimedios Televisión.. 843 Shop Zeal 2...... 489 Ultra Clásico...... 985 C-SPAN3...... 22 Freeform...... 35 Music Choice...... 1901-1916 Shop Zeal 3...... 485 Ultra Docu...... 849 C1R (Russia)...... 1612 Fuse...... 169 Music Choice...... 1918-1932 Shop Zeal 4...... 486 Ultra Familia...... 918 Canal Sur...... 850 Fusion...... 144 Music Choice...... 1934-1939 Shop Zeal 5...... 488 Ultra Fiesta...... 915 Caracol...... 856 FX...... 31 Music Choice...... 1941-1950 Shop Zeal 6...... 476 Ultra Kidz...... 919 Cartoon Network...... 32 FX Movie Channel...... 79 Nat Geo Mundo...... 931 Shop Zeal 7...... 477 Ultra Macho...... 937 Cartoon Network (SAP).921 FXX...... 109 Nat Geo Wild...... 130 Shop Zeal 8...... 478 Ultra Mex...... 983 CBS Sports Network..... 315 FXX...... 75 National Geographic...... 61 Showtime - E...... 551 UniMás...... 804 CCTV-4...... 1401 fyi,...... 134 NBA League Pass...725-743 Showtime Fam Zn - E... 558 Universal Kids...... 255 CentroamericaTV...... 860 GAC...... 295 NBA TV...... 308 Showtime Showcase-E.553 Univisión...... 62 Cine Mexicano...... 972 Galavisión...... 97 NBC Sports Network.... 44 Smithsonian Channel...... 131 Univisión Deportes...... 444 Cinelatino...... 971 Gem Shopping Net...... 490 NBC Universo...... 898 SonLife...... 90 Univisión tlnovelas...... 895 Cinemax - E...... 531 GMA Life TV...... 1453 New Delhi TV Limited. 1557 ¡Sorpresa! TV...... 923 UP...... 124 Cinemáx - E...... 536 GMA Pinoy TV...... 1452 Newsmax TV...... 222 Spectrum News - Capital USA Network...... 28 CMT...... 84 GOL TV...... 416 Newsy...... 224 Region...... 1 Viceland...... 133 CNBC...... 48 Golf Channel...... 51 NFL Network...... 74 Spectrum News - NY1... 215 Video Rola...... 913 CNBC World...... 208 Government Access.... 1303 NFL RedZone...... 311 SportsNet New York...... 66 ViendoMovies...... 982 CNN...... 46 GSN...... 177 NHL Network...... 312 Starz - E...... 581 WAPA América...... 874 CNN en Español...... 834 Hallmark Channel...... 77 Nick Jr...... 19 Starz Cinema - E...... 585 WCWN - Charge!...... 1260 Comedy Central...... 36 Hallmark Mov. & Myst...... 76 Nick Music...... 288 Starz Comedy - E...... 586 WCWN - The CW...... 15 Cooking Channel...... 163 HBO - E...... 511 Nickelodeon...... 33 Starz Edge - E...... 582 WE tv...... 65 Crime & Investigation.... 137 HBO 2 - E...... 512 Nicktoons...... 262 Starz in Black - E...... 583 WGN America...... 87 Cubaplay...... 875 HBO Comedy - E...... 515 NY State Legislature...... 83 Starz Kids & Fam. - E....584 Willow TV...... 1554 Daystar...... 98 HBO Family - E...... 514 NY1 Traffic...... 214 StarzEncore - E...... 602 WMHT - Create...... 1275 De Película...... 980 HBO Latino - E...... 517 Olympic Channel...... 316 StarzEncore Action-E...603 WMHT - PBS...... 11 De Película Clásico...... 979 HBO Signature - E...... 513 Once Canal...... 844 StarzEncore Black-E....604 WMHT - PBS Kids...... 1277 Destination America...... 135 HBO Zone - E...... 516 Outdoor Channel...... 408 StarzEncore Classic-E...605 WMHT - World...... 1276 Discovery Channel...... 37 HD Pay-Per-View...... 651 OuterMAX - E...... 535 StarzEncore Fam-E...... 608 WNYA - Decades...... 1266 Discovery en Español...930 HDNet Movies...... 640 Ovation...... 187 StarzEncore Susp-E.....606 WNYA - Light TV...... 1265 Discovery Familia...... 924 HGTV...... 41 OWN...... 43 StarzEncore Wstns-E...607 WNYA - MyTV...... 4 Discovery Family...... 266 Hillsong Channel...... 496 Oxygen...... 94 SundanceTV...... 625 WNYT - Heroes & Icons..... Discovery Life Channel..180 HISTORY...... 39 P.E.G...... 1301 Super Canal...... 870 1246 Disney Channel...... 34 HISTORY en Español.... 932 PAC-12 Arizona...... 377 SUR Perú...... 853 WNYT - MeTV...... 1245 Disney Junior...... 86 HITN...... 933 PAC-12 Bay Area...... 381 SWAGAT TV...... 1540 WNYT - NBC...... 13 Disney XD...... 68 HLN...... 47 PAC-12 Los Angeles..... 376 SYFY...... 53 WRGB - CBS...... 6 Disney XD...... 925 HSN...... 176 PAC-12 Mountain...... 380 TBN...... 89 WRGB - Comet...... 1256 DIY Network...... 161 HSN2...... 484 PAC-12 Network...... 375 TBN Enlace USA...... 946 WRGB - TBD TV...... 1255
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 $64.99 Primary Installation/Reconnect C DVR service required with subscription to DVR or DVR/HD receiver. (when truck roll required) A $49.99 Spectrum Silver $84.99 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 $104.99 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 $15.00 (PER UNIT) Spectrum Receiver $123.00 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™ $22.00 TMC $15.00 Tuning Adapter $130.00 ° Not all channels are available in HD. STARZ $15.00 All charges exclude applicable taxes, FCC fees, franchise fees and the Broadcast TV Service Charge. STARZ ENCORE $15.00 MISCELLANEOUS CHARGES (PER MONTH) Public, Educational, Government Access Channel availability may vary by community. EPIX $15.00 B Broadcast TV Service Charge $9.95 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 Disney Family Movies On Demand $4.99 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 Here TV On Demand $15.95 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 Russian Language Package $25.99 Spectrum receiver or CableCARD required to view programming channels. Charter-issued Spectrum receiver required to view OUTLET) Filipino Pass Plus $24.99 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 TV5MONDE $9.99 outlet) C $6.50 some R-rated programming, which can be blocked using the Parental Controls feature on your on-screen program guide. Certain TVB Jade World $39.99 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- TVJAPAN $24.99 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. SBTN & TVBV $19.99 CableCARD (rate includes $1.00 Secure Hindi $19.99-$69.99 Connection) E, H $2.00 Areas Served: Carlisle, NY, Town of; Cherry Valley, NY, Town of; Cherry Valley, NY, Village of; Cobleskill, NY, Town of; Cobleskill, ART $12.99 DVR Service Package (up to 4 DVR NY, Village of; Delanson, NY, Village of; Duanesburg, NY, Town of; Esperance, NY, Town of; Esperance, NY, Village of; Middleburgh, Playboy TV $15.99 NY, Town of; Middleburgh, NY, Village of; Richmondville, NY, Town of; Richmondville, NY, Village of; Schoharie, NY, Town of; receivers) $19.99 Schoharie, NY, Village of; Seward, NY, Town of; Sharon Springs, NY, Village of; Sharon, NY, Town of Penthouse $15.99 DVR Service (1 DVR receiver) $12.99 Hustler $15.99 VIVID $15.99 TEN $15.99 Real $15.99 Manhandle $15.99 Adult 3-Pack $29.99 Visit Spectrum.com/RateCard for more information regarding your rates. HIS $15.99 STATE OF NEW YORK Town of Esperance County of Schoharie
______
In the Matter of the Renewal of the Cable Television Franchise Held by TIME WARNER CABLE NORTHEAST LLC, locally known as Charter Communications in the Town of Esperance, Schoharie County,
RESOLUTION #5-18 ______
An application has been duly made to the Board of the Town of Esperance, County of Schoharie, New York, by TIME WARNER CABLE NORTHEAST LLC, locally known as Charter Communications, a partnership organized under the laws of the State of New York doing business at 20 Century Hill Drive, Latham, NY 12110, and holder of a cable television franchise in the Town of Esperance for the approval of an agreement to renew the cable television franchise for an additional fifteen (15) years. The Franchise Renewal Agreement would bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended, and certain court rulings.
A public hearing was held in the Town of Esperance on October 30th, 2018, at 7:00 P.M. and notice of the hearing was published in the Times Journal on Oct. 24, 2018.
NOW, THEREFORE, the Board of the Town of Esperance finds that:
1. Charter Communications has substantially complied with the material terms and conditions of its existing franchise and with applicable law; and
2. The quality of the Charter Communications service, including signal quality, response to customer complaints and billing practices has been in light of community needs; and 3. Charter Conununications has the financial, legal and teclmical ability to provide these services, facilities and equipment as set forth in its proposal attached; and
4. Charter Communications can reasonably meet the future cable-related conununity needs and interests,. taking into account the cost of meeting such needs and interests.
BE IT FURTHER RESOLVED that the Board of the Town of Esperance hereby renews the cable television franchise in the Town of Esperance for fifteen (15) years conm1encing on the date of approval by the Public Service Commission.
BE IT FURTHER RESOLVED that the Board of the Town of Esperance hereby confinns that tllis Franchise Renewal Agreement replaces the original franchise last an1ended on March 13u', 2006.
The foregoing having received a yea/nay vote was thereby declared adopted.
Dated: i J4r lrf, to;/ FRANCHIS E AGREEMENT
TO PROVJ[)F CABLE TELEVISION SERVICES
Between
Town of Esperance
AND
Time W<~rner Cable Nort h ea~t I.I .C 1/k/a Chatier Commun iL'ations
FRANC HISE AG REEMENT .l une201 8
1 FRANCIIISE REN EWAL AGREEMENT
AGREEMENT made and entered as of this 13th day of December , 2018, between the Town of F.sperance, NY ("Municipality" or "Grantor'') and 'lime Warnt:r Cable Northeast I .I.C, an indirect subsidiary of Charter Communications, Inc. ("Company'').
WH ERF.AS, the Company bas applied to the Municipality for a rent:wal of its franchise grunting it the right to constmct and opcrat~ u cable television system within the geographical boundaries of the Mtmicipality: and
WHEREAS, the Company is providing suth service to the Municipality pursuant to a fmnchiS~: dated March !3dt, 2006: and 30th WHEREAS on October 24th,------2018, the Municipality held a full public heming according due process to consider the renewal of the cable television franchise to the Company under the franchising procedures of the New York Stutc Public Service Commi~si on ('"PSC"); and
Wl!EREAS, the tech nical and financial ability and character of the Compuny were considered and approvt:d at such hearing;
W'TIEREAS, tllis proposed Franchise Agreement complies with the s tandard ~ of the I'SC; and
WHEREAS, by resolution of the Municipality dated November 18th _ , 2018, the Municipality granted a non-exclusive cable television franchise to the Company and authorized the Supervisor/Mayor to execute such agreement with the Company upon the hmns hcrcafler set lb11h:
NOW, THEREFORE, in con~ideration of the mutual conditions and covenants contained ln:n:in:
IT IS MIJ'T'UA I LYAGREEIJAS FOLLOWS:
SECTION !. SHORT TITLE
This franchise shall become known and may be cited as the "Municipality Cable Television franchise .. ,
SF.CTIO I'\ 2. D.EFINJTIONS
For the purpose of this Agreement, the following terms, phrases, words, ahbreviations and their derivations shall have the meruling given herein. When not inconsistent with the contex t, words
2 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 11otmcrely directory.
2.1 "Agreement" shall mean this contr~ct and its provisioru;.
2.2 "Municipality" shu ll mean the Town oJ' ~sperancc organized and existing under the laws of the Stale oi'New York; or ''Grantor."
2.3 ·'Cable Service" and "Rasic Cable Service·· shall be defined as set fonh in the C'.able Act.
2.4 "Cable Television System" or "Cable System" shallme 2.5 ''Gross Revenues'' shall mean all revenues. a.~ dctern1ined in accordance with generally accepted accounting principles, received by the Company and, to the extent acting as a cable oper.ttor, its affiliates. subsidiaries, and parents. directly or indirectly. which are derived lromthe operation of the Cable Television System to provide Cable Service within the Municipality, including, but no! limit.t!d to any and all Slllns received from Subscribers in payment of installation charges ;md lor v ideo progranuning received (whether as a part or Ausic Service, pay Cable Service or otherwise) ancVor transmitted. advertising revenue. and any other monies on wh ich cable franchise fees cun be imposed consistent with federal and stale laws and regulations including the system ol' accounts appmved by the PSC. but not including (I ) any taxes on services furnished by the Company imposed directly on any Subscriber or user by any governmental unit and collected by the Company lor such govenm1cntal unit; (2) unrecovered bad debt; (3) credits, refunds and deposits paid to Subscribers; (4) any exclusions available under applicable stale law; and (5) any PEG support (as defined in Section 10 hCI'COI) recovered from Subsc1ibers. "Gross Revenues·• shall include monies received by the Company that arc uliributable to franchise Ices t.o the extent consist..:n t with applicable law. 2.6 " Franchise'' shi!ll mean and include any authorization granted hereunder in terms of lranchise, right. privilege and non-exclusive authority to construct. creel, 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, undeq,'Tound conduit, munholcs and other conductors and fixtures necessary to maintain and operate a Cable Television System in the Municipality. 3 2.7 " FCC" shall mean the Fcdcrul Communications Conunission. 2.8 "Person" shall mean any person, firm, partnership, asso~:iation, corporation or other organization of any kind. 2.9 "PSC" shall meanl\ew York State Public s~ rvicc Commission. 2.10 "Standard Installation" shall mean installations to residences and bui ldings that arc located l iP to ISO feet from the point of COIUJCction to Company's existing distribution sy:>tem. 2.11 "Subscriber" shall mean any Person who is billed for and authorized to receive Cable Service from the: Company. SECTION 3. G RANT OF NON-1£XCLlJS IVF. CAUL~ TELEVISION Ji'RANCHTSE 3.1 There is hereby granted by the Municipality to the Company the non-exclusive franchise. right. privilege. authnrity, easement and license to construct, erect. suspend, install. renew, maintain and opemle throu~out the entire Municipality in, upon, along, across, above, over and under the streets, alleys, casements, public ways and public places as now laid out (lr dedicated, and all extensions thcrcol; and additions thereto, in the Municipality a system of poles, wires, cables, underground conduits, duct~, trcncbcs, conductors, amplifying equipment. manhole fittings and any and all other fixtures, appliances and appurtenances necessary forth.: installation. maint~::nance and operation in the Municipality of a Cable Television System. Without limiting the generality of the foregoing, this non-exclusive lrdnchise shall and does hereby include the right, in, over and upon the str~;:ets, sidewalks, alleys. casements (including public utility cascme11ts) where such casements have been granted by the Municipality, public grounds and places in the Municipality l(lr the purpose ol' installing, erecting, operating or in any other way acquiring the usc ol: as by leasing, or licensing, all poles, lines and cquipm ~::n t 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 ri ght granted for the purposes herein shall be non-exclusive. The Grantor spccillcally reserves the right to grant, at any time, add itional franchi ~e$ lor a Cable System in accordance with state and lederallaw. The Grantor agrees that any grant of additional franchises by the Grantor t(l any other entity to provide cable or video service (without regard to the technology used to deliver such services) shall not be on tcnns and ~:onditions that when taken as a whole are more favorable or less burdensome to the Company ol' any such add itional franchise, than those which are set forth herein . I I' the Grantor grants a Cable System lhmchise or other right to pn>vide cable or video ~CI'\' i ce to another Person on terms wh ich overall provide greater benelits or impose lesser burdens than provided herein. the 4 requirements imposed by the less cosily or less burd cn ~o m c obl i g~ti ons in such competing. provider's 3.3 This Franchise is for the corporate limits of the Municipality and for any areas henceforth added thereto during the tenn of this Agreement, which hcrcinafler shall be knov.'fl as the Franchise Area. SECTION 4. l!: FFECI'IV F. I)AT E AND R I.:MOVA J. -U ' l11is Agreement shall take effect ami be in full force from and after the issuance of a Certificate of Conlinnation Order of Approval by the PSC and said Agreement shall continue in full Ioree and effect for a peri od of fifteen ( 15) years from the date of i s~uance of the ccrti licate of confirmation. 4.2 Upon expiration, and subsequent failure lll renew. termination or revocation of this Agreement. the Company shall not abandon the Cable System or any portion thereof without the :\ SECTION 5. CO MP LIANCE W ITH APPLICAHLE LAW ANU EXI<: Il C ISE OF REASONABLE J'OLICF. I'OWF.RS 5.1 The work done in cotmcction wi th the construction, reconstntction, maintenance. service or n:pair ofsaid Cable Television System shall be subject to and governed by all genemlly applicable laws, rules and reg11 lations of the Municipality now in force or that may be hereafter passed and adopted for the government and regulation thereof which arc not materi ally in conflict with the provisions of this Agreement. Further, the construction, maintenance and operation nfthe Company's Cable Television System shu II be subject to all lawful po li c~o: powers and regulations by the Municipality to the extent nut ma terially in cnnllict with the provision~ of this Agreement. The Mun icipaHty 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 lilci lity that is dangerous to life or property upon reasonable demonstration thereof and the giving of appropriate writ.tcn notice, and in the event the Company, after written notice, f.i1ils or refuses to act, the Municipa lity shall h 5.2 ln furtherance or the conduct or the business contemplated by this Agreement: A. Company shall be permitted to solicit customers door-door during the hours genemll y permitted. B. Company ~ha ll be exempt from uny provision of the ordinance requiring permits and/or fees to be obtained anti/or paid. 5 5.3 The Municipality shall have the ri gh t to adopt in addition to the provision contained in this Agreement and existing generall y applicable ord inances such additi onal generally appl icablc regulations as it shall find necessary from time to time in the exercise of its polic-e power: provided, bowevcr. that such regulations arc not materially in conllict with the provisions of this Agreement. SECTION 6. CO"'OTTIONS OF STRF.F.T OCCUI'ANCY 6.1 Any work which requires the disturbance of any street or which will interfere with traffic shall not be undertaken without any generally required prior permit lrom the Municiptllity. No poles, underground conduits or other wire-holding strucrures 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 pc11incntuspect of such wire-holding faci lities; however, such appmval may not unreasonably be withheld. The Company shall have the right to atlacb its wires to existing poles owned by the Municipali ty or any agency of the Municipali ty provided that the Company is able to obtain such use on rcasonahle terms and conditions. No term or condition shall be reasonable if not consistent with pole anaclunent rates and conditions established by the FCC or the PSC. 6.2 All s tructures, lines and equipment erected by the Company within the Municipality shal l be so located as to cause mi nimum inte11crencc with the proper u~e of streets, alleys. casements und other public ways and places, and to cause minimum interference with the rights or re-dsonablc convenience or property owners whose property adjoins any of the said streets, alleys or other puhlic ways and places. Existing poles, posts and other such structures ur the electric power company or any telephone company or any other public utility, which may be available to the Company on reasonable terms and condi tions, shall be used to the extent practicable in order to minimize interference with travel. Where both power and telephone utilities arc placed underground. the Cumpany"s cahlc ~ h a ll also be placed underground. 6.3 The Company shall have the right and authority to remove. trim, cut and keep cle-dr trees and bushes upon and overhanging all streets. alleys, easements. sidewulks and public places in the .Municipality so as to keep same clem of poles, wires, cables, cunduits and fixtures, and except for incidental trimming done by Company\ employees or agents in the course of perl(lrming their other duti e~, ~ h a l l make good ti1ith efforts to notifY the Muni cipality prior to enguging in any such activity. 6.4 In the case of any di~turbancc of public pavement. sidewalk. drivcw·.~y 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 surlilcing so disturbed 10 at least as good a condition as existed before said work was comrnt:nccd. In the e vent that any municipal property is damaged or destroyed in the course o t' open1Lions of constTuctioo by the Company. such property s hall be repaired or replaced by the Company within 30 days and restored to serviccuble condition. The Company will provide notice to lhe Municipality, as generally required. before commencing any disrurbance of such surfacing. 6 6.5 All Company structures, lines, equipment and connections, in. over, under and upon streets, sidewalks, all eys and public ways and places or the ~1unicipality, wherever situated or located, shall at all times be kept and maintain~tl in a safe and suitable condition and in good order and repair. The s igna l of all audio or video services, including public. educatio nal and government access channels. carried on the Cable Television System shall be ca1Tied without material degradation in quulity 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 or all other audio or video services carried on the Cable System. rhc Cable Television System shall be operated so that there will be no interference with television reception. radio reception, telephone communications or other installations which arc now installed and in use by the Municipality or any Person in the Municipality. 6.6 Access to Cable Service will not be dc11ied to any group of potential residential Subscribers because of the income of the residents (l f'the local area in whi(;h such group resides. SECTION 7. SERVICE AREA AN O LINE EXT ENSION 7.1 Throughout the tcnn hereof, the Company shall extend the Cable 'Jclcvision System to all areas oftbe Municipality that are contigliOUS to the po11ion of the Franchise Area where the Company currently provides Cable Service (the "Service Area") and C(lllt<~in at least twent.y (20) residential dwe ll ing units per linear strand mi le or aerial cable as measured from the Company's closest technologically feasible tic-in point that is actively delivering Cable Service. No contributions in aid of construction shall be required or res idents in such areas. 7.2 In any area not meeting the density r~:quircrnents 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 construction, a contrihulion-in-aid-ofconstruction in such amount as shall be determined by application of the PSC formula provided l~> r in Pa11 895.5(h)(2) o r1he rules and regulations on cable television or any other formula developed by the Compm1y pursuant to H95.5(b)(5)(ii). SECTION 8. FACt U T IF.S AND EQUIPMF.NT II. I The Company currently provides a 750 MHz capacity 2 -way hybrid tiber/coax system. The Comp A. Parental control devices capable of preventing individual chmmels from being viewed shall be made available to all Subscribers at cost. There will be no 7 additional charge to the Subscriber if the device is already part of the convener or dcscramhlcr provided to other similarly situated Subscribers. B. J\ 11 signals, transmittt:d by broadcast television pwgrum services, which arc di rectly related to such program se1·viccs such w; stereo transmissions, closed captioning and alternative audio signals, shall be passed through the Cable Television System to Subscribers. C. ·n1e Company shall at all times usc materials and equipment of good and durable quality m1d all work involved in the constmction. install ation, maintenance and repair of the Cable Television Systemthr~>Ugh o ut the term or this agreement shall he perlormed in a safe, thorough and reliable manner. 8.2 Subject to applicable law, the Company wi ll provide, without charge. Standard Installation and one outlet of Uasic Cable Service, including one converter box (or other equipment which permits viewing or the Basic Cable Service tier), to the locations listed in Exhibit J\ hereto. The Cable Service provided pursuant to this Section 8.2 shall not be used fur commercial purposes. The Municipality shall take reasonable precautions 111 prevent any inappropriate use or loss or damage to the Company's Cable System. SECTION 9. CUSTOMER SERVICI<: AND PROTECTION 9.1 Company sl1al1 comply with the customer service/consumer protection standards set forth in sections 1!90 and 896 of the Rules and Regulations of the P!::lC, as may he amended. 9.2 Service Pmvbions A. The Company shall maintain a suflicient number of business t.elephone line~ and persormel to assure that telephone inquiries from Subscribers or polentinl customers seeking installation, repair serviGe, or disconnection me handled promptl y GOnsistent with FCC standards. The Company shall also mainta in stalling levels and support equipment sufficient to assure that telephone inquiries arc responded to by the next business day. and that mail inquiries are responded to within ten ( 10) business days of receipt. B. ll1e Company shall provide to ull Subscribers at least unnually, complete wrillen information conceming all services and rates available to such Subscriber~ in accordance with statute or regulation. Such sales material shall clearly and conspicuously disclose the price and other information conceming the Company's se rvice~. Such information shall be written in plain English and sha ll include but shall not be limited to the lollowing: a ll Cable Service. tiers and rates, deposits il' applicable. inst 8 C. Employees of the Company shall not enter a Subseribt:r's home without permission of the Subscriber. 1>. Each employee of the Company entering upon private property shall be reyuired to have on his or her person an employee identification card issued by the Company and bearing a picture oft he employee. In addi ti on the Company shall use its best elfot1S to clearly identily all personnel, vchi<.: les, and other major equipment that a rc operating under the authority (>I" the Company. F.. The Company shu II mainta in the System to meet aU technical requirements or the FCC and the PSC. F. Subject to applicable law, the Company shall perform such tests or the performance of the Cuble System as may he reyuired by FCC or PSC regulations and shall he responsible for the costs of such tests. \1.3 Installations A. The Company shall use its best efforts to o fl'er Cable Setvice to all dwelling units entitled 1.0 Cable Service under the Franchise wi thin two weeks o l" a request for such service for aerial installations and after the receipt of any applicable Municipality, state, lcderal and util ity company perm its and permission from any landlord or other pe r~ on controlling acces~ to such premi se~. i I' necessary. 8. (!round condition permitting, the Company shall use its best efforts to oller Cable Service to all dwelling units entitled to Cable Service under the Franchise which arc to bt: served by underground or buried facilities within rwo (2) weeks of the receipt of a request for such service and after the receipt of any applicable Municipality. state, fcdenll and utility company permits and permission lrom any landlord or other person controlling access to such permits, if necessary. Notwithstanding the above, the Company shall use its best efforts to bury any temporary installations that were install ed during such peri ods of time during which burial is impossible due to frozen gmund conditions. Tbc Company shall use its reasonable best e iTorts to complete such work within thirty (3 0) clays a fter ground conditions permit such burial. 9.4 Repairs A. Requests lor repair service shall be responded to by the Company no later than the end of the nex t regular business day. B. Response to Cable 'Jc lcvision System omagcs shall bt: ucted on immediately upon notice or knowledge of such outage and service rcstorcd 11s soon as reasonably practicable. C. The Company shall oflcr prompt repair service, available during the A.M .. P.M. and oo weekends. Suhscribers shall be notiiled o r the time of service call during these periods consistent with FCC standurds. 9 n. In the event M a service outage in excess of four ( 4) consecutive hours, the Company shall grunt such Su bscrib ~ r u credit in accordance with the ruks of the PSC. 9.5 f)isconnections The Company may bill Subscribers for any unreturned equipment until the equipment is returned. The Company shall ha ve the right to disconnect service to a Subscriber for non payment in accordance with the rules of the PSC. Subscribers :;hall not be requi red to pay for replacement of damaged converter or descrambler units and m;soeiated equipment supplied by or rented from the Company, if the damage resulted from normal wear and tear. 9.6 Complaint Procedures All Subscribe r complaints or trouble calls shall be hand led by tl1e Co mpany in compliance with rsc regulations. 9. 7 Recordko:eping The Company shall keep a record of all Cable Television System outages and all \~Titte n complaints Jlled by Subscribers for two years, which complaint file shall be mllde availahle to representatives of the Municipality upon rca~onabl e notice. Nothing contai ned herein sh SECTION 10. PUBLIC, IWtJCATIONAL ANJ> GOVERNI\H:NT ACCESS CHANNEL S AND SERVICF: 10.1 ln order to ensure universal applicability of puhlie, education and government programming, the Company shall provide capacity f<>r one (I) dedicated public access ch 10.2 'l11e progrdmming to be carried on each of the PF.G Channels set aside by the <'ompany will meet the guidelines for such PF.G access programming set forth in applicable FCC and/or PSC Rules and J'cgulations. The Company specifically reserves the right to make or change challllel as s i gnmcnL~ in it.s sole discretion, provided that 1he Company provides the Municipality at l ca~t thirty (30) days' notice prior to changing a PEG Ch 1 As of the ~ffectivc Ontc of th is hanchisc, 1hc Designee is SCHOPEG Access. Inc. 10 not have incurred, the Municipality shall be entitled to seck reimbursement on behalf of itself or its Oesignee tor any such documented expenditures. Within ninety (90) days of a written req uest pursuant to this section, the Company sball reimburse f(>r expenditures incurred I 0.3 Subject to the limitations set forth in Section I 0.6.A. below, the Company shall make a payment to the Municipality in the a mount o t' $148,500 (ar portioned across the SCHOPEG Municipalities by Subscriber count) to be used solely fo r capital costs. includ ing capital mu intenance, by Municipa lity, or its D esi~1ec. fo r PECI access faci lities. and which is treated as a capital cost under gene rall y <~ccepted accounting procedures. 10.4 If, by the sturt of the fifth year of the Franchise term, the Municipality. or its Designee. is producing and delivering 10 the Company's customers in the Municipality ut least fifteen (15) hours of original, locally produced PEG programming over the J> E(j Channels per week on average over the previous year, then the Company shall pay an additional amount of $76,500 (appC>rtioned across the SCII OPE 10.5 Charter and the Municipality reco~:,'llize that significantteclmological developments can occur over the timefi·amc o f a lllleen (15)-year agreement. While best e fl\ms have been made to identitY such dcvclor mcnts, th ere is always the possibil ity for unanti cipated occurrences to aflccl the ability of the Municipality or its Designee to e ffecti ve ly meet its mission objectives through no fa ult o f either party. Therefo re, no earlier than the ninth anniversary of th i~ Franchise, and not Inter than the tenth anniversary of this Frm1ch ise, the Municipality or it:> Oesignce may submit a written request that will identify MY additional capital equipment required for the PEG access facilities thai is rea:>onablc to meet the cable related community needs. taking into acco\lllt the costs, and the conununity usage levels of the existi ng PEG lacilitics. Up!m n:ceipt of the written request lor additional PECI capital support, Charter and the Municipality sh:tl l mcct tn discuss the poss ibility of providing additional capital fund ing for the Municipality's PE 2 A~ of1hc E.Occlive Date o f 1hi~ franchise. the SC IIOPf\G Municipalities arc the Town of CobleskilL Village of Cobleskill, Village of Delanson. Town of Ounnc~burg, Town of t:spemncc. Village of E~t~rancc, Town of Middleburgh, Village of Middleburgh. T0\\11 of Richmondville, Village of Richmondville. To\\11 of Schoharie, Village of Schoharie, Town of Seward. Town of Sharon, and Vi llage of Sharon Spri ngo>. 11 capital needs of the Munici pality, taking into account the factors set forth above. The request will not be implemented until it receives the mutual cnnsent of Charter and the Municipality. Any additional PEG funds provided pursuant to this Section I 0.5 shall be considered franchisc l'clatcd 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 capita l support within six months of' the Municipality's wriuen request lor such support, then Charter <1nd the ?v1unicipal ity sh1lll begin the process of negotiating "renewal or replacement franchise pursuant to Section 626 of the Cable Act. The panics agree that an) failure to reach such agreement shall not be a factor in assessing Chancr's pcrfonmmcc under the Franchise, and shall not be invoked as a basis for a deni1ll of renewal under Section 626. I 0.6 Any PF-G Channel designation requirements set fn rth in ;my other franchise that aut.horil.es ca ble service in the Municipalit)' shall not he dill'erent than the PEG Channel designation requirements rClluired under this Franchise, and any provi s i on~ lo r PEG access faci lities. equipment and linanc ial or in-kind support in such other franchise shall be competitively nt:utral when compared to this Franchise. If Municipality grants a franchise to any mher 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, ihe Company's financial or in-kind obligations under this Section I0 shall be reduced to an equivalent amount. The Company may deduct fi·om future franchise lee payments an amount sullkient to mak<:: the obligations of this Franchise equivalent to the new franchise. A. 'Jo the extent the Municipality has granted a cable franchise to any other provider of cable services that is in ciTect as of the Eft'cctive Ome of this Franchise ("Competitive Franchise"), and the Competitive Franchise contains obligations that are, based on a pro rata share of subscribers in the Municipality, lesser in amount than the PEG capital, financial or in-kind SIIPI>Ort imposed on the Company in this Section 10, the Company shall not disburse the Municipality's shan: ~>I' the PEG capital support until such time as the Municipality amends the Comp ~:titiv c Franchise to make the obligati ons in such fi·anchise equal to the PEG capital support obligation irnpo~ed on the Company in this Section I 0, based on a pro rata ~hare of subscribers in the Municipality. Municipality shall have eighteen months from the Effective Date of this Franchise to make the obligations of this Franchise equivalent to the Competitive Franchise after which time the Company's PEG capital suppo1t obligations with respect to the Municipality pursuant to this Section 1()wi ll be deemed extinguished. 10.7 Upon written request, the Municipality, or its IJesignee. shH il provide the Company wi th a complete accounting annually of the distribution ol' f'unds granted pursuant to this Section 10. 10.8 Chancr may continue to make PF-G Channels available in standard definition ("SO") format, except as provided below. 12 A. On or after the Ellective !)ate, and provided the Municipality or its Designee, has the abi lity to produce PEG programming in high definition ('"HD"). the Municipality may provide u wri llcn request to convert une f>EC Channel to a high dt:linition ("liD") channel. Churter shall have one hundred eighty ( 180) days fi·orn recei pt of the request to implement the liD PEO channel. lJ. Municipality, or its Designee, shall be responsibl e lor providing the PEG Channel signal in an liD format. Charter shall distribute the I'E(i access programming over the Cable System. Consistent with this requirement, the Municipality or its Designee, ~hall cooperate with Charter to procure and provide. at the Mun icipality's cost, all necessary transmission equipment from the PEG Channel 01igination point to Charter's headend. Cha11cr agrees to work cooperatively with the Municipal ity or its Oesignee, to ensure the ntJcessary PEG transport equipment compli es with Charter's network requirements. The Municipality or its DesigntJe, shall be responsible for thtl costs of all transmission equipment. induding I ill modulator and demodulator. and encoder or decoder equipment, and multiplex equipment, required for Charter to receive and distribute the Municipality"s liD PEG Channel si ~,'lJal, or for the cost of any resulting upgrades to the video return line. C. Nothing herein shall require Charter to provide dual carriage of any PEG channels in both an SD and HD format. SECTION 11. lNI>F:MNl FICATION AND INSURANCE II.J ·n,c Comp-any shall, by acceptance of the Franchise granted herein, defend the Municipality, its otliecrs, boards, commis.~ions. agents, and employees lor all claims for injury to any Person or property caused hy the ntJgligencc of the Company in the constructi on or operation of the Cable System and in the event of a determination of liability shall indcmnil"y and hold Ytunici pality, its office r~ , boa rds, commissions, agents, and employees harmless from any cmd al l liabilities, claims, dema nds. orjudgments growing out of any injury to 11.2 Insurance 13 A. The Company shall maintain throughout dtc tenn of the Fmnehise insurance in amounts at least a.~ follows: Workers' Compensation Statutory Limits Commercial General Liability $1.000,000 per occurrence, Combined Single l .imil (C.S.L.) $2,000,000 General Aggregate Auto Liability including coverage $1,000,000 per occLtrrence C.S. L. on all owned, non-ownt:d hin::d autos Umbrella Liability S I ,000,000 per occurrence C.S.L. 8. Tite Municipality shall be added as an additional iJlSurcd. arising out of work perfomted by Company, to the above Commercial General Liability, Auto l.iahility and Umbrella Liability in~urance coverage. C. 1l1e Comp 12.1 The Company, at the written request of the Mun ic.ipality, shall make available the tollowing intonnation: 12.2 All publicly available reports required by or voluntarily submitted to the PSC and the FCC hy the C.ompany related to its operation of the Cable 'ICicvision System or its conduct of business in the 'Aunicipality. 12.3 /\report setting forlh the physical miles of plant constntetion and plan t in operation for the year, and copies of all materials requ ired by this Franchise to be given to Subscribers. 12.4 The following financia l reports: A. A copy or the annual report of the Company or its corporate parcnt(s) including financial in lormation that has heen prepared by a natiMally recognized independent certified accounting firm. H. An annual list of ollicers and members of the 13oard 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: 14 (I) A record of all written complaints including the date and time the complaint was received, nature or complaint, date and time I'CSO!vcd, 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) TI1c Municipality reserves the right to inspect any and all records that ihc Company is required to maintain pursuant to this Fmnchisc upon reasonable written notice and during normal business hours. The Company shall promptly make s uch materials available at a mutually agreeable locati on. Nothing contained herein shall require the Company to make available personally identifiable information about a Subscriber in violation of Federal law. (4) At the re (5) At the request of the Mllllicipality, the Company shall provide to the Municipality copies of all general correspondence to its Subscribers within the Municipality. The Company shull provide its Subscribers und the Municipality 30 days' prior wri tten notice of all service addition!>, deletions, or realignments to the extent required by applicable law and regulations. SECTION 13. RATES 13.1 The Company shall provide noti li calion to Municipality and Subscribers of rate changes as required by Section890.69 of the Ru les and Regulations o f' the PSC, as may be amended. A. The Company shall provide to the Municipality and each Subscriber a complete schedule or all residential rates and charges for all residential services pmvided by the Company in the Municipality as may be required by federal law or PSC rules. 15 B. 'll1c rates and charges for Cable Service provided pursuam to this Franchise shall be subject to rc~u l ation in accordance with federd llaw. If and when exercising rate regulation, the Grantor shall abide by the terms and conditions set fixth by the FCC. C. The Company shall not il legally discriminate against indi viduals in the establlshmcnt and application of rates and charges li>r 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 lr01n 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 similar service is nflered or provided in competition with the Company's services; or (ii i) the Company from legally discmmting rates to persons who subscribe to any servi ces on a seasonal basis or discounting rates to persons who subscribe to any services that are provided on a bu lk 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 delined herein, subject to applicable law including the regulations ofthe PSC. Franchise lees provided shall be paid within forty-live (45) days after the end of each calendar quarter. No acce ptance of any payment shall be construed as an accOI'd that such payment is in li1ct the correct amount, nor shall such acceptance or payment be construed as a release of any claim the Municipality may have [i.Jr further or additional sums payable based upon the provisions o f th is franchise renewal agreement. Ifany undisputed lrancbise fee payment or recomputed payment is not made on or before the dates spccilied herein, Company shall pay an interest charge, computed from the last day of the fiscal year in which payment was due, 111 the annual rate of one ( I%) percent over the pri me interest rate. J4.2 Underlying books and rec.ords of the Company may be audited on the Municipality's behalf only to the extent required to verify that fi·<~ nc h i sc fees have been correctly paid and the Company shall cooperate fu ll y with the Municipality and its agents in the conduct of the audit. 14.3 If an error or gr.:ater tltrul 5% of the correct franchise fcc owed is li.Jund 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 udditional fcc owed the Municipality. SECTION 15. RIGHT TO INSPECT BOOKS - I~P.CULATORY OFFICP.R 15. 1 The Municipality reserves the right to iiiS[lCCt all of the Compa11 y'~ hooks, records, financ ial statements and other similar material of thc Company, insofar as thq relate to the terms and conditions ol'this Agreement and the perli.Jrmancc of the obligations in this Agreement. lhe Municipality agrees to treat as confidential any books. records, or finru1cial statements that constitute proprietary or confidential infonnation wthe extent the Company makes the Municipality awan: or such confidentiality. If the Municipality believes it must release any such 16 confidential books, records, or financial statements in the course of cnlhrcing this franchise, or [or any other reason, it shall advise the Cornprmy in advance so that tht: Company may take appropriate steps to protect its iJUcrcsts. (Jntil otherwise ordered by a cou11 or agency of cornpettmtjurisdiction, the Municipality agrees that. to the extent pcrmitlcd hy State and lederal law, it shall deny access to any of the Company's books and records marked confidential, 15.2 Tht: Municipality Uoard shall designate the Mayor/Supervisor as the oflicial who shn ll he responsible for administration o r the Pranchise. SECTION 16. ENFORCEMENT 16.1 Violations and Opportunity to Cure. A. If the Municipality has reason to be lieve 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) o r thi s rranchisc that it believes has been violated and the details relating thereto. If the Municipality docs not notify the Company of any violation of this Franchise, it shall not operate as a "'aivcr of any rights of the Municipality hereunder or pursuant to applicable law, unless such fai lure prejudices the rights of Company. B. The Company shall have thirty (3 0) days to cure such violation after v:ritten 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 ca1mot 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 iu \¥Tiling for such additional time necessary to complete the cure, provided that the Comp 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 lor the purposes o r determin ing whether the Cornpany has brcach~d a m 17 16.2 Liquidated Damages A. lle<:ausc Charter·s lisilure to comply with material tenus of this Agreement may result in harm to the Municipality. and because it will be: difficult to measure the extent of such injury. the Mun icipali ty may assess liquidated damages, as permiued by applicable law, against Charter in the amount of Om: llundrcd L)ollars ($100.00) per day for each day the violation continues, provided Charter has had notice and an opportunity to cure in accordance with Section 16. 1(U) and the Municipality is not pursuing other penalties or remedies. The Municipality shall provide Charter with wrillcn notice that it intends to ass.:ss liquidated damages as a remedy. Such damages shall be an exclusive remedy lor the time period in which they arc: assessed. provided. however. they shall not be a substitntc for specific perfonnancc by Charter or legal action by the Municipality once assessment of liquidated damages ceases. but shall be in addition to such specific perlormancc or legal action. Nothing herein is intendt:d to allow duplicative recovery from or payments by Charter or its surety. B. ·n,e llrst day lor which liquiduted damages may be assessed. if there has been no cure after the .:nd 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 conum:ncc rcvocution proceedings ami/or initiate an action in law or equity in a court of competent jurisdiction afler the: asscssmcm of liquidated damages or in lieu o r liquidated damages. C. The amount or 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 failun: may only be assess.:d under any one material term. 16.3 Revocation A. In addition to the other rigllls, powers and remedies ret<:~in ed by the rvtunicipali ty under tllis Franchi se, the Municipal ity reserws the separate and d istinct right to revoke th is Fnmchisc if: (I) It is demonstrated the Company practiced any fraud or deceit upon the Municipality in the operation or its Cable System or any other activities pursuant to this Franchise; (2) 'I he Company repeatedly faib, afler notice and opportunity to cure. to maintain signal quality pursuant to the standards provided for hy the FCC; or 18 (3) The Company rt:peatedly violates. afier notice and opportunity to cure, one or more of tht: material terms or conditions of this FranchiSt!. IJ. The foregoit'g shall not constitute a violation of a material h:nn or condition if the violation occur.,; wi thout the fault of the Company or occurs as a result ofcirctunstances l:leyond its control or oy reason of force Majeure as defined in Section 24. The Comrany shall not be excused from the perform ance of any of its obligations under this Franchise by mere ccon~1mic hardshi(l or by the misfeasance or malfeasance of its d irectors, officers or employees. C. A revocation shall be declared only by a written decision of" the Municipality Board after an arpropriate public hearing that shall a £lord the Company due process and full opportunity to be heard. This shall include the ability to introduce evidence, to question witnt:sses and to respond to any notice of grounds to tem1inate in accordanct: 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 d1c Company at least thi11y (30) days prior written notice (via certi lied mail-return receipt requested) of any public hearing concerning tht: proposed revocation or this Franchise. Such 11otice shall state the grounds lor revocation. The Mun icipality, after a public hearing and upon find ing the existence of grounds tor revocation, may either declare this Franchise terminated or excuse ~ uch grounds upon a showing by the Company of mitigating circumstances or good C..'IUSC for the existence of such gro und ~. The Municipality shall issue such declaration and finding within thirty (30) days in a written decision which shall be sent via certitied or overnight mail to the Company. 16.4 Performance Bond. A. The Company shall obtain and maintain, during the Franchise 1em1. at its sole cost and expense, a performance bond running to the Municipulity with a surety company licensed to do business in the State of New York and sati slilctory 10 the Municipality to ensure the Company's faithful performance of its obligations. The pcrfon11ance bond shall provide that the Municipality may recover from ihe principal and surety any and all liquidated damuges and/or compensatory damages incurred by the Municipality for the Company's violations of this Franchise. after notice und opportunity to cure in accordance with Sections 16. 1 and 16.2, above. ll. The pe rf ormance bond shall be in the amount of S5,000. The Company shall not reduce. cancel or materially change said bond from the requirement contained herein without the express prior written permission or the Municipality. 16.5 The Company retains <111 rights of judicial appeal provided by Federal and State law or regulation. SECTION 17. ARAN OONMENT 19 17. 1 The Company is expressly prohibited from abandoning the Cable System without the written consent of the Municipality. SECfiON Ill. RESTRICTIONS AGA INST ASSIGNMENT AN O TRA!~SFERS 18. 1 Subject to Section 617 oft he Communications Act, 47 U.S.C. § 537. as amended. no transfer of the Franchise shall occur without the priorc.onscnt of the Municipality, provided that such consent shall not be unreason 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 tenns, conditions and privileges of employment because of age, race, creed, color, national origin or sex. SECTlON 20. NOTICE 20. 1 Public Notice. Any inquiry, proceed ing, investigation or other action to be taken or proposed to be taken by the Municipality in regard to the operations o l' the Comptmy's Cable Television System sha ll he taktm only alle r thirty (3 0) days public notice of such action or proposed action is served directly on the Company, and the Company and all interested parties and ci ti:~.ens have been given an opportunity to respond in writing and/or at a hearing as may he specified by the Ylunicipaliry. 20.2 Un less 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 111 the address set forth below, or by U.S. certified mail, return receipt requested, nationally or internationally recogni~.ed courier service such as Federal Express or electronic mail communication tot.he designated e lectroni c mail address provided hclcl\~. Tht: Company shall provide thirty (30) days' written notice or any changes in rates, programming services or channel positions using any reasonable wri t1cn means. As set fo rth above, notice served upon the Municipality shall he del ivered or sent to: Municipality: Town or F.speruncc P.O. Rox 226 Esperance. NY 12066 Email: ctownolc @ bi:~nycap.rr.com Company: Kevin Egan Director. Government Aflairs 20 Century II ill Drive l.uthum. NY 12110 Emai I: [email protected] 20 Copy to: Charter Communications Attn: Vice Pre~idenl. Government A lra i r~ I 2405 Powerscow1 Ori vc S1. Louis. MO 63 131 SF:CTION 21. SEVERABILITY 21.1 In tbe event that any provision ufthisAgrecmcnt should be invalidated by a court or regulatory agency ofcompetent jurisdiction. the remaining provisions of this Agreement shall remain in full force and cfl'ec1. S F. CTIO~ 22. APPROVA L OF PSC 22.1 1his Franchise, and any subsequent umendmcllls hereto, are ~u bjcctto applicable federal and State law, the Rules and Regulations of the PCC, the PSC and any nther applicablt> regulatory body with appropriate jurisdiction. Further. this Franchise and uny ~uhsequen t amendments are subject to the approval of the rsc. SF:CTION 23. REQUEST FOR AUTHORlZAT ION 23. I Company ~ha ll file requests for any ntlCcssary operating authorization with the PSC and the FCC within sixty (60) days from the date the franchist! is awarded by the Mun icipal ity. SI£CTION 24. FOilCF. MAJEURE 24.1 The Compar1y shall not be held in default under. or in noncompliance with the provisions of the Franchise. nor suffer any enforccmem or penalty relating to noncompliance or th:lilult, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability ol' the Company to anticipate and control. This provision includes. but is not limited to. severe or unusual weather conditions, fire, lloud, or other acts of God. strikes, acts of vamlalism, work delays caused by failure of' utility providers to service. maintain or monitor their uti li ty poles to wh ich the Company's Cable System is allachcd, as well as unava ilability of materials und/or qual ified labor 1.0 perform the work neccsstll'Y· IN WITNF.SS WllERJ20F. the Municipality and Company have caused thi s Ag_.!J:ement to be signed by their duly authori/.ed ollicials and ofliccrs as of _/1/t'&.tllbt~'k lh , J-/)JC/ ' Town llf F.sperancc Namcflitle:eAtL V4/J {Df,4 f!i q;.._ JJC . Time Warner Cable Northeast LLC, 13y Its Man Signature:______ Name/Title :______Paul Abbott/VP, Local Gov't Affairs &_ Franchising___ _ 22 I!:XHIBIT A ·n-,wn of Esperance Locations TO\VN Of ESPERANCE TOWN HALL I 04 CHARLESTON ST ESPERANCE, NY 12066 23 Times-Journal PO Box 339, Cobleskill, NY 12043 www.timesjournalonline.com 518-234-2515 Affidavit of Publication To: TOWN OF ESPERANCE PO BOX 226 ESPERANCE, NY 12066-0226 Re: Legal notice #79851 State of New York SS: County of Schoharie I, ASHLEY STANTON, being duly sworn, depose and say: that I am the Authorized Representative of Times-Journal, a weekly newspaper of general circulation published in Cobleskill, County of Schoharie, State of New York; and that a notice, of which the annexed is a printed copy, was duly published in Times-Journal once on 10/24/18. MICHELLE A. DAVIS Notary Public, State of New York No. Q"\0,1\6017060 ~ ouali'.'ed in Schoharie County oV'Jd..... Corn rr.iss;'-1n Expires December 7,- .. - NOTICE TOWN OF ESPERANCE CON SOLIDATED PUB LIC HEARING ON PROPOSED CABLE CON- TRACT PRO- POSED BY SPEC TRUM NOTICE} is hereby given that there will be a con solidated Public Hearing on the cable contract p:ro- posE:td by Spectrum on Tuesday, Oct. 30, 2018 at 7:00p:tu U'"l the meetmg roon1 of the DVAC D1.:1anesburg Volunteer Ambulance Corp) at 130 Cole Rd. Delanson NY. Any interested parties tnay be heard at this time, Charmayne Vatl Wormer To\\>'n Clerk Oct24c5 Times- Journal PO Box 339, Cobleskill, NY 12043 www.timesjournalonline.com 518-234 -2 515 Affidavit of Publication LEGAL NOTICE FOR APPLICA- TION OF FRAN ) : CHARTER COMMUNICATIONS CHISE RENEWAL PLEASE TAKE ATTN: SUSAN COSCIONE NOTICE that Time 20 CENTURY HILL DRIVE Warner Cable LATHAM, NY 12110 Northeast LLC, locally known as Cha rt er Legal notice #80335 Communications, has filed an appli cation for renewal State of New York } of its Cable } SS: Television County of Schoharie } Franchise in the Town ot Esperance , I, Denise Smith, being duly sworn, depose and Schoharie County, say: that I am the Authorized Representati ve New York. of Times-Journal, a weekly newspaper of The application and all comments general circulation published in Cobleskill, filed relative there County of Schoharie, State o f New York; and to are available for public insp ection that a notice, of which the annexed 1s a at the Town of printed copy, was duly published in Esperance office Times- Journal once on 02/13/1 9. during normal business hours. Interested persons may file comments on the application with the Town of Denise Smith E sperance Clerk, 104 Charleston Sworn to before m 2019 Street, Esperance, NY 12066 and with the New York State Public Servi ce Commission with in 10 days of pub li cation. Comments may be (1 k addressed to Hon. Co 1 Kathleen Burgess, Secretary, New York State Public Service Commission, 3 Empire State Plaza, Albany, NY 12223. Feb13c5