Honorable Bernard Barnes, Mayor (W/Copy of Encs.)

arter COMMUN CATIONS

January 31 , 2017

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 Village of St. Johnsville

Dear Secretary Burgess:

We are herewith filing, via email, the following:

1 . R-2 Application for Franchise Renewal, channel Iineup and rates 2. Municipal Resolution granting renewal dated April 19, 2016 3. FullyexecutedcopyofFranchiseRenewalAgreementdatedNovember21,2016 4. Copy of Iatest annual test data compiled for this part of the Division's CATV System at PSC 5. Published Iegal 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: Honorable Bernard Barnes, Mayor (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 Cable Northeast LLC, locally known as Charter Communications, for renewal of its Certificate of Confirmation and Cable Teleyision Franchise in the Village of St. Johnsvil}e, Montgomery County, New York.

Tlie exact legal name of the applicant is Time Warner Cable Northeast LLC.

The applicant does business under the name Charter Communications.

Applicant's teleplione number is: (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 eacli of the coimnunities as of January 2017 are:

Village of Arnes - 36 Town of Canajoharie - 81 Village of Canajoharie - 523 Village of Fort Plain - 557 Town of Minden - 61 Village of Nelliston - 119 Village of Palatine Bridge - 223 Town of Palatine - 49 Town of Root - 31 Town of St. Johnsville - 73 Village of St. Johnsville - 375

Tlie following signals are regularly carried by the Canajoharie cable system: (see attached channel card).

The Applicant does provide channel capacity and video production facilities for local origination. During the past twelve (12) months, the Applicant has provided approxu'nately 1,200 hours of locally originated prograrmmng of all types including PEG access.

The current monthly rates for service in tlie Village of St. Johnsville are: (see attached).

During the past twelve (12) months, the applicant has placed the following miles of new cable television plant in operation in the following municipalities:

Village of Ames - 0.00 miles Town of Canajoharie - 0.00 miles Village of Canajoharie - 0.00 miles Village of Fort Plain - 0.04 miles Town of Minden - 0.00 miles Village of Nelliston - 0.00 miles Village of Palatine Bridge - 0.00 miles Town of Palatine - O.OO miles Town of Root - O.OO miles Town of St. Johnsville - 0.00 miles Village of St. Johnsville - 0.00 miles

10. ThecompanyhaspreviouslysubmittedtotheNewYorkStatePublicServiceCon'imission 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 Coimmssion 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 Corrurusston its current Amiual Financial Report.

12. State and describe below any significant achievements and/or improvements tliat 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 wliich lias liad, or could have, a significant impact upon Applicant's ability to provide cable television services.

WHEREFORE, the Applicant, Charter Coimnunications, requests that the New York State Public Service Commission grant this application and approve renewal of the Village of St. Joluisville Ceitificate of Confirmation and Franchise Renewal Agreement.

Dated: January 31, 2017

By: Kevin Egan

Director of Govermnent Affairs Charter Coimnunications By subicnbing to these tervicet customer ag racs io be bound by the terms of T WC s Subscnlr Ag+eemcnt whch can bc tound at help twcable com}policies himl Time Wame+ Cable leaies CableCARDi Ioi $2 50 per monih per CablcCARD tor use in customer owned retail CablcCARD compahble dcvicei Our leaied Sct Top Boxes alio indude eithera CableCARD or inteQFated tccunty intide the device Our laaie raic +or SetTop Boxes that contain a CableCAR[) indudes a $2 50 imputed cha+ge IOT the CableCARD IT you leaie a CableCARD in lieu ol iuch a Set Top Box we now offe+ a proipective Service Rates itandard leaie ratei of Set Top Boxei and CableCARDi Pleaieconiact us by I(ling out }he +orm available vi= the Iollowing link il you believe you may be eligible Ior or would like mote inlormation regarding this ciedit twc com/CableCARD EFFECTlVEJANUARY2C)17 :' FOT cuiiomets teceiving ie+vce thtough commeicial accounts or bulk ariangamenii stime products pricing and oiher information containcd herein may no} apply Plcaie re+cr to the tcrms and condiiioni o+ the sepatate agreamenf Where termi are incontitten( wiih in+ormaiion in tlie Service Ratei

Some restnctiont apply Siartcr TV tervce must be pu+chased to iubicnbe to any other optional vidco iervce or iier servicci Pricing prog+amming and packaging subect tochange witliout notice Servce pricet thown are monfhly and do Ames, Amsterdam, Bolton, Broadalbin, Canajoharie, Carlisle. not indude sales iax initallafion feei franchise Iees and FCC uter tees tervces Cherry Valley, Chester. Cobleskill, Coeymans, Crown Point, Delanson, may noi be available in all are.is Subect to change without noiice Additional cha+gat apply for initallation equipmcn( Duanesburg, Esperance, Florida. Fonda. Ft. Ann. Ft. Johnson. su+chaiges applicable taxes and feei @2017 Time Wamei Cablc Entarprisci LLCAll all rigliti +eserved l ime Warncr Cable and the eye}ear IOQO an trademarkt oT Time Wamcr lnc uicd unda+ licenxe All ofher trademarki are p+ope+ty o+ iheir Ft. Plain. Fulton, Fultonville, Galway, Glen, Glens Falls, respective ownert Great Barrington, Hagaman, Horlcon, Lake George. Mayfleld, Middleburgh, Minden, Mohawk, Moriah, Nassau, Nelliston, Niskayuna, Palatine. Palatine Bridge. Perth, Princetown, Providence, For TWC store Iocations, please visit twc.com/stores Putnam. Richmondville, Root, Rotterdam. Schenectady. Schoharie, Scotia, Seward, Sharon Springs, Sheffield, S. Glens Falls, St. Johnsville. Village Hagaman, Warrensburg, Whitehall

TVSERVICESANDPACKAGES StarterTV' 19 00 Cherry Valley 13 00 Amsterdam. Bolton. Broadalbin. Village ol Canaloharie. Carlisle. Chesler. Cobleskill. Duanesburg, Esperance, Fonda, Ft Ann, Ft Johnson. Ft. Plain. Fultonville, Galway, Glens Falls. Hagaman. Horicon. Lake George. Mayfield. Niskayuna. Palahne Bridge, Per}h, Richmondville. Rotterdam.S Scoha. Sharon Springs. S. Glens Falls, S( Johnsville.Whitehall Essential TV

StandardTV $ 7899

Preferred TV s as.gg

Variety Pass s io.ooio.oo HDPass '5, 495495 TWCSportsPass $ 100010 00 TWC Movie Pass s ioooio oo TVenEspariol S 495495 Btoadcast TVSurcharqe $ 375375 SportsProgrammingSurcharqe 5 soosoo Subicnpiion to Staric+ TV is requiied Ior all l V Packages Re{iT iCted i0 9ar'dard Detniitionl iol lDVR equipn lel 11 0IIIV 011 1(Y Teil+lCUOl l{ apl)l'i

PREMIUM SERVICES S 1699 ShOWtime- S 1599 TheMovieChannel'-' 5 I599 S 1599 Cinemax' S 1599 EPIX S 9.99 Encore Pass S 699

ADllLT PREMIUM SERVICES PlayboyTV S 1195 Penthouse S 12.95 Hustler S 1293 VNID $ {295 TEN S 12.95 REAL S {295 Manhandle S 1295 Adult 3-Pack S 2495

Time Warner 1-800-TWCABLE For our latest special offers and promotions, Cablea twc.com please visit twc.com 6017-RC-NE-0117 10 02 (105-121 226 230. 233-238. 240245. 254 255) 10 30 (211. 219)10 40 (101-104 121-123)10 61 (321-329. 331 333-335. 337 33')) 11 03 (130i40)11 74 (')10. 913) NTERNATIONAL PREMIUMS EQUIPMENT&EXTRAS Arabic Digital. HD. DVR or HD-DVR Set-Top Box and Remote Package $ 1175 12 99 Cantonese s 1299 39 99 !i 1599 Filipino Whole House DVR or Enhanced Whole House DVR Service'li-ar WH Dl/R) $ 19.99 TheGuide $ 325 S 24992499 Ca51eCARD(p.vlil s 250 French DigitalAdapierandRemote $ 325 S 999ggg Intemet Modetn Lease $ 1000 German S 999ggg Hindi INSTALLATION $ 1999 VldeOlnS{allaIIOn PnmatyOuIleIilJt=.fllPll li-te 111-<. 5 2499 Intemetlnstallakion Pllone lnstallation s 399939 99 AdcmionalOutletatTimeoflnstallation F--" !/i(i'= T'/i'Yl1 N'lJt,'ll'7 WH-DVR lnstallation f'lh'lCi'll $ 699969 99 H(il'neWiFilnstallahon Italian EasyConnectRescueFee P-nlln 5 gggggg EasyConnectShippingCharqe TTII) Charge' $ 24992499 Custom Work Hourly Service Charqe Mandarin ' Applcable whan adding and{or +elocating outlet t+anifcmng rcconncc}ing upgrading and{or downgrading ieivces and 995 picking up cqulpmenL Applcable it technician dctermlnci tliai tlic pioblim is no( +elabcd to Time Wa+ncr Cablc s iervice or ea uipmcnt This chargc may be waivcd i+ thc cui(omci subicnbci to tlie T ime Warncr Cable Service Pro(cchon Plan S 199919 99 Polish S I999ig gg OTHER SERVICE CHARGES Russian AgentAssiskedPayment IR l'.)IJIIL 11113 l 1111' P 11-l - rlP RTt-l Rl Vi l l 'l{ IOIJIIJ pJ,i ,li 'a l,i:11 s 259925 99 Bposit Fee VieLnamese Late Fee s s.gs $ 199919 99 8B(onnection Fee Returned Payment Fee 25 00 StatementCopy SEASONAL SPORTS SERVICES ESPN Full Court. ESPN GamePlan. MLB Extra Inrnngs. M LS Direct Kick, NBALeaguePass.NHLCenterlce Varies UNRETURNED/LOST/DAMAGED EQLIIPMENT Access Point 5 17200 CableCARD $ 2200 ON DEMAND & PAY-PER-VIEW Digital Receiver $ 12300 On Demand Varies DigitalTerminalAdapter iii $ 4000 IntelligentHomeCloudSetver $ 10300 Pail-PeTVleW tSi IPI lall :liF 111 g Adt 111 Blc l-ksl Varies lnLelltgenkHomeTouchscteen S 25500 Disney On Demand 5 399 Modem 5 3900 DisneyFamilyMoviesOnDemand S 499 Phone Modem $ 39.00 HereTVOnDemand s isgs TurungAdapter $ 13000 WiFi Extender $ 7800 WiFiModem $ 7800 INTERNET WiFiPhoneModem 5 7800 Everyday Low Prce $ 1499 WiFi Router S 7800 Basic $ 49.99 Stamdard s sggg Turbo Upgrade' S 1000 Extreme Upgrade' S 2000 Ulhmate Upgradea 5 5000 HomeWiFi 5 499 ' Tutbo Exireme or ultimatc uooradc can ba added io Standaid

PHONE s 4ggg SecondLineUnlimited % 2999 S 1999 S 295 5 395 % 499 aRequlTC{ ptlmary TWC PFOne llne Subicnp}ion to TWC Phone wifh TV and}or Intcmct l{ rcquired 1/30/2017 Canajoharie, NY

Time Warner Cabfea Spectrum> Canajoharie, NY Location : 13452 *Not on Digital Adapters

400 10 ABC(WTEN)HD GetTV(WTEN) PBS(WMHT)HD 2 ABC(WUTR) 1240 Grit(WCWN) 11 PBSWorld(WMHT) 14 C-SPAN 1260 HSNHD 1276 POPHD 6 CBS(WRGB)HD 21 ION(WYPX)HD 175 PubliCACCeSS 15 CW(WCWN)HD 20 Laff(WXXA-DT3) 16 QVCHD 1250 CapitalOTBTV(WXXA) 1251 1245 MeTV(WNYT) 22 TBSHD 1256 Comet(WRGB) MyTV(WNYA) 5 TWCNewsAlbanyHD 1275 Create(WMHT) 4 NBC(WKTV) 1 WFNY 7 EVINELiveHD 3 NBC(WNYT)HD 18 WUCB(WUCB) 17 EducationAccess 13 *NewYorkStateLegislative 1233 1255 thisTV(WRGB)HD 8 FOX(WXXA)HD 83Channel 38 A&E HD 226 * C-SPAN 2 25 ESPN2 HD 29 AMC HD 221 * CCTV News 78 EWTN HD 420 * Additional Sports Programming 1 293 CMT HD 31 FXHD 421 * Additional Sports Programming 2 48 CNBC HD 42 Food Network HD HD 46 CNN HD 206 0 Fox Business Network HD 422 * Additional Sports Programming 3 32 Cartoon Network HD 70 Fox News Channel HD HD 36 Comedy Central HD 400 Fox Sports I HD 423 * Additional Sports Programming 4 37 Discovery 35 Freeform HD HD Channel HD 34 Disney Channel HD 51 Golf Channel HD 424 * Additional Sports Programming 5 252 41 HGTVHD HD * Disney Channel West 47 HLN HD 132 Animal Planet HD 268 * Disney OnDemand 60 E! HD 39 History HD 45 BET HD 24 ESPN HD 138 * lnvestigation Discovery HD 59 Bravo HD https ://www.ti m ewar ner cab le. com /contenUad m in/C LU /I ineups/ALB/al b-11 53.pr int .tw c .1 3452.htm I 1/10 1/30/2017 Canajoharie, NY 64 LMN HD 171 Oxygen HD 40 TLC HD 30 Lifetime HD 385 * SEC Alternate 27 TNT HD 1020 * Local On Demand 384 * SEC Network HD 63 TV Land HD 54 MSG HD 66 SNY HD 23 The Weather Channel HD 26 MSG Plus HD 482 Shop Zeal 1 165 Travel Channel HD 326 MSG2 HD 489 Shop Zeal 2 - lnspiration 28 USAHD 327 MSG2 Plus HD 485 Shop Zeal 3 - Lifestyle 62 Univision HD 49 MSNBC HD 486 Shop Zeal 4 - Lifestyle 56 VHI HD 57 MTV HD 488 Shop Zeal 5 - News & lnfo 65 WE tv HD 44 NBCSN HD 50 Spectrum Sports HD 126 WGN America HD 61 National Geographic HD 55 Spike HD 52 YES Network HD 33 Nickelodeon HD 53 Sl7HD 71 truTV HD 43 OWN HD 58 TCM HD

ms ms s

185 ASPiRE 463 Daystar 295 Great American Country 491 America's Auction Network 135 Destination America HD 484 HSN2 HD 140 American Heroes Channel HD 266 Discovery Family HD 123 Hallmark Channel HD 110 BBC America HD 180 Discovery Life 629 Hallmark Movies & Mysteries HD 209 BBC World News HD 254 Disney Junior HD 627 IFC HD 256 BabyFirst TV 265 Disney XD HD 461 INSP HD 207 Bloomberg TV HD 370 ESPNU HD 93 Jewelry Television 253 Boomerang 302 ESPNews HD 469 Jewish Life TV 227 C-SPAN 3 145 EI Rey HD 174 Lifetime Real Women 315 CBS Sports Network HD 114 Esquire HD 494 Liquidation Channel SD 208 CNBC World 292 FM HD 179 Logo 216 CNN International 632 FX Movie Channel 306 MLB Network HD 182 Centric 109 FXXHD 120 MTV Classic 127 Chiller 134 FYI HD 286 MTV Live 139 Cloo 401 Fox Sports 2 i'ig MTV2 HD 163 Cooking Channel HD 169 Fuse HD 308 NBA TV HD 137 Crime & Investigation HD 177 GSN HD 310 NFL Network HD 161 DIY Network HD 490 Gem Shopping Network 130 Nat Geo Wild HD htkps ://www.ti m ew ar ner c abl e .com /content/adm in/C LU / li neups/ALB/a lb- 11 53.pr int.tw c.13452. htm l 2/10 1/30/2017 Canajoharie, NY

257 Nick Jr HD 291 Revolt HD 263 TeenNick 262 Nicktoons HD 136 Science Channel HD 406 Tennis Channel HD 493 ONTV4U 131 Smithsonian Channel HD 214 Traffic Now 187 Ovation TV HD 215 Spectrum News NYI HD 124 UP HD 481 QVC Plus 255 Sprout HD 444 Univision Deportes HD 297 RFD-TV HD 625 SundanceTV HD 403 Velocity HD 178 RLTV 464 TBN HD 133 Viceland HD 128 ReelzChannel HD 184 TV One HD All} &AI 926 AtresSeries EWTNEspanol SpectrumDeportesHD 920 Boomerang Espanol 945847 FOROtv 441 Telemundo East 834 CNNenEspanol FOXDef)OrfeSHD UniMas 930 DiscoveryenEspanol 442827 Galav!s!onHD 804 Univisiontlnovelas 440 ESPN Deportes HD 932 History en Espanol 895 belN SPORTS Espanol HD 898803 NBC Universo East

10 443 ABC(WTEN)HD Manhandle Real 1800 AdultOnDemand 18281827 ManhandleOnDemand 1807 1806 RealOnDemand 1240 GetTV(WTEN) 0utrageousOnDemand 1832 RealPay-Per-View 1849 HereTV 1847 Penthouse TEN 1848 HereTVOnDemand 1805 1804 PenthouseOnDemand 1809 1808 TENOnDemand 1803 HustlerTV Playboy0nDemand 1846 TooMuchForTVOnDemand 1802 HustlerTVHD 1810 PlayboyTV VividOnDemand 1801 HustierTVOnDemand 1811 1812 PlayboyenEspanol 1814 1815 VividTV @,! A. 4 537 5StarMaxHD CinemaxMoreMaxWest 53B MovieMAXHD 533 ActionMaxHD 540 C!nemaxOnDemand 0uterMaxHD 541 539 West 535 ActionMax West 530 Cinemax ThrillerMax HD 531 Cinemax HD 536 Max Latino HD ThrillerMax West 532 MoreMax HD https://www.ti ' n/C LU /l ineups/ALB/al542 b-11534 53.print.twc. 1 3452.htm I 3/10 1/30/2017 Canajoharie, NY s m s s gi> 599 EPlXDrive-In EPlXHDWest EPIXOnDemand 595 EPIXHD 598596 EPlXHitsHD 597594 EPlX2HD

; @ 515 HBOComedyHD HBOLatinoHD HBOWest 522 HBOComedyWest 517 HBOLatinoWest 518 HBOZoneHD 514 HBOFamilyHD 524 HBOOnDemand 516 HBOZoneWest 521 HBOFamilyWest 510 HBOSignatureHD 523 HBO2HD 511 HBOHD 520 5'l3 HBOSignatureWest 512519 HBO2West l 044 ',m 402 MAVTVHD RFD-TVHD UniversalHD 633 MGMHD 131297 SmithsonianChannelHD 634 417 belNSPORTSHD @ eu 1551 ABP News 1457 GMA DWLS Radio 1403 Phoenix North America 1632 Arabic TV 1456 GMA DZBB Radio 1595 Polskie Radio 1 1612 Cl R - Channel I Russia 1453 GMA LifeTV 1596 Polskie Radio 3 221 CCTV News 1452 GMA PinoyTV 1581 RAI ltalia 1401 CCTV4 1539 ITV Gold 1613 RTVi 1400 CTI Zhong Tian Channel 1552 Life OK 1515 SBTN 1531 Eros On Demand 1557 NDTV 24x7 1541 Set Asia 1532 Filmy 1 404 Phoenix lnfo News 1550 Star lndia Gold https ://www.ti m ewa r nercabl e.com /content/adm in/C LU /l ineu ps/ALB/al b-1153. pr int.twc .13452. htm I 4/10 1/30/2017 Canajoharie, NY 1553 Star lndia Plus 1592 TV Polonia 1425 TVBS 1540 Swagat TV 1575 TV5MONDE 1516 TVBV 1450 TFC 1422 TVB1 803 Telemundo East 1621 TV 1000 Russian Kino 1423 TVB2 1610 WMNB Russian TV (RTN TV) 1542 TV Asia 1424 TVBE HD 1554 Willow 1500 TV Japan HD 1533 Zee TV

s 7 : ai W 709 NHL Center Ice/MLB Extra lnningS 712 NHL Center lce/MLB Extra lnnings HD 2 1 NHLCenterlce/MLBExtralnnings 718 NHLCenferlce/MLBEXfralnn!ngs713 NHLCenterlce/MLBExtralnnings 10 702 HD3 NHLCenterlce/MLBExtralnnings 719 Center lce/MLB4 Extra Innings NHL 7fi4 NHL Center lce/MLB Extra lnnings HD 4 11 5 703 NHL Center lce/MLB Extra lnnings 720 NHL Center lce/MLB Extra lnnings 715 NHL Center lce/MLB Extra lnnings HD 5 12 6 704 NHLCenterlce/MLBExtralnnings 721 NHL Center Ice/MLB Extra lnnings 716 NHL Center lce/MLB Extra Innings HD 6 13 7 705 NHLCenterlce/MLBExtralnnings 722 NHL Center lce/MLB Extra lnnings 717 NHL Center lce/MLB Extra lnnings HD 7 14 8 706 NHLCenterlce/MLBExtralnnings 710 NHL Center lce/MLB Extra lnnings 700 NHL Center Ice/MLB Extra lnnings HD 8 2 9 1 707 NHL Center lce/MLB Extra lnnings 711 NHL Center lce/MLB Extra Innings 701 NHL Center lce/MLB Extra lnnings 9 3 708 HD HDm ss s m yi;i .s [iDImK[l )< ms m sb m l 734 lSl8QlB3g5BpB55j NBALeaguePass/MLSDirecf 741 NBALeaguePass/MLSDirec( 735 739 NBA League Pass 2 6 8 736 NBALeaguePass3 NBALeaguePass/MLSDirect 732 NBALeaguePass/MLSDirect 730K'CkKick 6 HD K'k 8 HD 737 NBA league PaSS 4 NBA League Pass/MLS Direct 742 NBA League Pass/MLS Direct 738 NBA League Pass 5 740 7 Kick 9 743 NBA league PaSS/MIS D'eCfKick 731 NBA League Pass/MLS Direct 733 NBA League Pass/MLS Direct K'Ck1o Kick7HD KickKick9HD https ://www.ti m ewar ner cabl e .com /content/adm in/C LU /I i neups/ALB/a lb-11 53.pr int.tw c.13452. htm l 5/10 1/30/2017 Canajoharie, NY m i n j[ t p Jr!, m i w 1006 MCOnDemand -MC17: -MC34: 190'l -MCO1 1917 -MC18: 1934 -MC35: 1902 -MCO2 1918 -MC19: 1935 -MC36: 1903 -MCO3 1919 -MC20: 1936 -MC37: 1904 -MCO4: 1920 -MC21: 1937 -MC38: 1905 -MCO5: 1921 -MC22: 1938 -MC39: 1906 -MCO6 1922 -MC23: 1939 -MC40: 1907 -MCO7: 1923 -MC24: 1940 -MC41: 1908 -MCO8: 1924 -MC25: 1941 -MC42: 1909 -MCO9: 1925 -MC26: 1942 -MC43: 1910 -MC10: 1926 -MC27: 1943 -MC44:Tropicales 1911 -MC11: 1927 -MC28: 1944 -MC45: 1912 -MC12: 1928 -MC29: 1945 -MC46: 1913 -MC'l3: 1929 -MC30: 1946 -MC47 1914 -MC14: 1930 -MC31: 1947 -MC48: 1915 -MC15: 1931 -MC32: 1948 -MC49: 1916 -MC16: 1932 -MC33: 1949 -MC50: m s WimNm@ 1933H 1950Ilmll :4 ! !lWj w m 734 NBALeaguePass1 729 NBALeaguePass5HD 725 NBALeaguePassIHD 743 NBALeaguePass/MLSDirect Kick7HD 741 NBALeaguePass/MLSDirect 735 NBA League Pass 2 'o 8 726 NBALeaguePass2HD K'Ck739 NBALeaguePass/MLSDirect 732 NBALeaguePass/MLSDirect 736 NBA League Pass 3 6 K'Ck 8 HD 727 League Pass 3 HD League Pass/MLS Direct League Pass/MLS Direct NBA K'Ck730 NBAKick6 HD 742 NBA 737 League PaSS 4 League Pass/MLSK'ck Direct League Pass/MLS Direct NBA NBA 733 NBA 728 NBA League Pass 4 HD 740 7 Kick9 g HD 738 NBALeaguePass5 7313;(,H NBALeaguePass/MLSDirect 3;(,3 308 NBATVHD

709 NHL Center lce/MLB Extra Innings 718 NHL Center lce/MLB Extra lnnings https ://www.ti m ewar nercabl e.com /content/adm in/C LU /l ineups/ALB/al b-11 53.print.twc.1 3452.htm I 6/10 1/30/2017 Canajoharie, NY 10 NHL Center lce/MLB Extra Innings 702 NHL Center lce/MLB Extra lnnings 719 NHL Center Ice/MLB Extra lnnings 5 HD3 11 713NHL Center lce/MLB Extra lnnings 703 NHL Center lce/MLB Extra lnnings 720 NHL Center lce/MLB Extra lnnings 6 HD4 12 714NHL Center Ice/MLB Extra lnnings 7o4 NHL Center lce/MLB Extra Innings 721 NHL Center lce/MLB Extra lnnings 7 HD5 13 715716 NHL Center Ice/MLB Extra lnnings 7o5 NHL Center lce/MLB Extra lnnings 722 NHL Center Ice/MLB Extra lnnings 8 HD6 14 717 NHL Center lce/MLB Extra lnnings 7o6 NHL Center lce/MLB Extra lnnings 710 NHL Center lce/MLB Extra lnnings 9 HD7 2 700 NHL Center lce/MLB Extra lnnings 7o7 NHL Center lce/MLB Extra lnnings 711 NHL Center lce/MLB Extra lnnings HDI HD8 3 701 NHL Center Ice/MLB Extra lnnings 7o8 NHL Center lce/MLB Extra lnnings 712 NHL Center Ice/MLB Extra lnnings HD2 HD9 4

s w 1t :l mamim 552 Showtime2HD ShowtimeFamilyZone 550 ShowtimeOnDemand 560 Showtime 2 West 55B Showtime Family Zone West 553 Showtime Showcase HD 555 ShOW!meBe70ndHD 56055j 85@yy0jBB%[) ShOW!meShOWCaSeWeS 563 ShOWf!meBe/OndWeSf 556 81l0yyljB(d%lByj%[) 561 ShowtimeWest 554 Showtime Extreme HD 564 8110yijlpB l%lByl QB5( 559 SflOWf!me Women HD 562 Extreme West 557 Showtime Showtime Women West

40 585 StarzCinemaHD 565StarzEdgeHD StarzKids&FamilyHD 591 StarzCinemaWest 58258'l StarzHD 584 StarzPlayOnDemand 586 StarzComedyHD StarzHDWest 580 StarzinBlackHD 587 ms n W mJ ffl l.llWim m 583 * h INIIli im gig mm m s 603 StarzEncoreActionHD 608 StarzEncoreFamilyEast 601 StarzEncoreOnDemand 604 StarzEncoreBlackHD 602 StarzEncoreHD StarzEncoreSuspenseHD 605 StarzEncoreClassicHD 609 StarzEncoreHDWest 606 607 StarzEncoreWesterns https ://www.ti m ewar ner cabl e. com /contenUad m in/C LU /I ineups/ALB/al b-11 53.pr int .tw c .1 3452.htm I -riqo 1/30/2017 Canajoharie, NY

623 Flix West 571 TMC HD The Movie Channel Extra HD 625 SundanceTV HD 570 TMC On Demand The Movie Channel Extra West 573 TMC West 572m. 04 I 926 Atres Series 574847 FOROtv Spectrum Deportes HD 920 BoomerangEspanol FOXDeportesHD TelemundoEast 834 CNNenEspanol 442 GalavisionHD 803 UniMas 930 DiscoveryenEspanol 827932 HistoryenEspanol 804 UnivisionHD 440 ESPNDeportesHD 441 NBCUniversoEast 62 Un!v!s!onflnovelas 945 Espanol 898 895 EWTN belN SPORTS Espanol HD @ 04 623 FlixWest StarzEncoreClassicHD 601 StarzEncoreOnDemand 627 IFCHD 443 StarzEncoreFamilyEast StarzEncoreSuspenseHD 605 606 603 StarzEncoreActionHD 608 602 StarzEncoreHD StarzEncoreWesterns 604 StarzEncoreBlackHD 609 StarzEncoreHDWest 607 625 SundanceTVHD "1"4 " -' 382 BigTenNetworkHD GOITVHD PAC-l2National 3'l5 416308 TV HD Sports NBA CBS Network HD 375 PAC-12 0regon HD 303 ESPN Classic 310 NFL Network HD PAC-12 Washington HD 311 Redzone 442 FOX Deportes HD NFL HD Spectrum SportsNet HD 372 FoxCollegeSportsAtlantic 312 379NHLNefWOrkHD SpectrumSportsNetLAHD 373 FoxCollegeSportsCentral 408 0ufdoorCMannelHD 331 SportsmanChannel 374 FoxCollegeSportsPacific 378 PAC-12ArizonaHD 409 TVGNetwork(TVGames) 377 419 FoxSoccerPlusHD 330 PAC-12BayAreaHD 413 TennisChannelHD 381 406 401 FoxSports2 PAC-l2LosAngelesHD belNSPORTSHD 380 417 376 PAC-12 Mountain HD

https ://www.ti m ewar ner cabl e .com /content/ad m in/C LU /I ineups/ALB/al b-11 53.pr int .tw c. 13452. htm I 8/10 1/30/2017 Canajoharie, NY 491 America's Auction Network 145 El Rey HD 310 NFL Network HD 140 American Heroes Channel HD 114 Esquire HD 130 Nat Geo Wild HD 110 BBC America HD 292 FM HD 257 Nick Jr HD 209 BBC World News HD 632 FX Movie Channel 262 Nicktoons HD 256 BabyFirst TV 'iog FXXHD 493 ONTV4U 207 Bloomberg TV HD 134 FYI HD 187 Ovation TV HD 253 Boomerang 401 Fox Sports 2 175 POP HD 227 C-SPAN 3 169 Fuse HD 481 QVC Plus 315 CBS Sports Network HD 177 GSN HD 297 RFD-TV HD 208 CNBC World 490 Gem Shopping Network 178 RLTV 216 CNN International 295 Great American Country 128 ReelzChannel HD 182 Centric 484 HSN2 HD 291 Revolt HD 127 Chiller 123 Hallmark Channel HD 136 Science Channel HD 139 Cloo 629 Hallmark Movies & Mysteries HD 131 Smithsonian Channel HD 163 Cooking Channel HD 627 IFCHD Spectrum News NYI HD 137 Crime & lnvestigation HD 461 INSP HD 215255 Sprout HD 161 DIY Network HD 93 Jewelry Television 625 SundanceTV HD 463 Daystar 469 Jewish Life TV 464 TBN HD 135 Destination America HD 174 Lifetime Real Women 184 TV One HD 266 Discovery Family HD 494 Liquidation Channel SD 263 TeenNick 180 Discovery Life 179 Logo 406 Tennis Channel HD 252 Disney Channel West 306 MLB Network HD 214 Traffic Now 254 Disney Junior HD 120 MTV Classic 124 UP HD 265 Disney XD HD 286 MTV Live 444 Univision Deportes HD 370 ESPNU HD 119 MTV2 HD 403 Velocity HD 302 ESPNews HD 308 NBATVHD 133 Viceland HD

VARI!TY PASS PLUS

1390 CommunityCalendar TESTCORP 1586 DWAmerika HD MLBStrikeZoneHD TWCS2-CPST 371 324 ESPNGoalLine/BuzzerBeater 650 1853 307 Pay-Per-ViewPreview 67 test https ://www.ti m ewar ner c abl e .com /content/adm in/C LU /I ineups/ALB/al b-11 53.pr int.tw c.13452. htm I 9/10 CABLE FRANCHISE AGREEMENT

BETWEEN

VILLAGE OF ST. JOHNSVILLK

AND

TIME WARNER CABLE NORTHEAST LLC

Witli assistance from:

Cohen Law Group 413 South Main Street Pittsburgh, PA 15215 Phone: (412) 447-0 130 www.cohenlawgroup,org TABt,!B O,F-C@BqHTS, Page

SECTION l DEFINITIONS ,2

SECTION 2 GRANT OF FRANCHISE, ,5

GRANT OF AUTHORITY TERM OF FRANCHISB SERVICE CLA8SIFICATION AND RELATED AUTHORITY ,6 RHPRESENTATIONS AND 'MRRANTIES 6 NON-EXCLUSMTY . 6 CHANGE IN CAI3LE FRANCHISE LAW 7 NO WAIVER OF RIOHTS 7 FRANCH}SE SUBJECT TO FEDERAL, STATB AND I,OCAL LAWS 7

SECTION 3 SYSTEM CONSTRUCTION, OPERATION AND MAINTENANCE 7 3.1 TECHNICALREQUIREMENT, , , , . 3.2 ARHATOBESERVED . , ,. tr rr , .,,7 3,3 CABLE SYSTEM SPECIFICATIONS 9 , , , 9 3.4 SY8TEMTESTS , , , , ,9 3,5 EMEROBNCYALERTSYSTEM 3,6 RATEDISCRIMJNATION, , tr 3.7 SERVICES FOR SUBSCRIBER8 WITH ..,10 DISABII,ITIES 10 3.8 SERVICE TO MULTIPLE DWELLING tJNIT8 ("MDU'S") 3,9 REPAIRS AND RESTORATION . 3. SBRVICEAREAMAI)S 10 O 3. 1 DISCONNECTION AND RELOCATION 3, 2 EMERCTENCYREMOVALOFEQUIPMENT...... ,...... ,,.....,,..,. 3. 3 TREETRIMM[NG 3. 4 d-IANNELCAPACITY 3, 5 BROADCASTCHANNELS 3. 6 SIGNAL8CRAMBL1NG 3. 7 CONTINUITYOFSERVICE. 3, 8 PARENTAL CONTROL CAPABILITY

SECTION 4 SUBSCRIBER SERVICE STANDARDS 14 SECTION 5 REGULATION BY THB VILLAGE 14

RESPONSIBILITY OF ADMINISTRATION....,...,,..,,,,,,,. ,,.,,..,,,,14 RIGHTTOINSPBCT ii , , RIGHT TO CONDUCT COMPLTANCE REVIEW,,,...... ,.,,...,,,,..,...,.15 RESURVEDAUTHORITY ... , 14 , , 15 POIjCEPOWERS. , . . NO LIMTATION ON TA)aNG OR FEEAUTHORITY, , , , PERMITS , , 15 , , .. REPORTING , 15 CONFIDENTALITY ii ,1616 SECTION 6 COMPENSATION TO THU VILLAGE 1717

FRANCHISE FEES QUARTERLY PAYMENTS QUARTERLY REPORTS FRANCHISE FEE AUD!T BUNDLED SERVICES

SECTION 7 SERViCES TO THE COMMUNITY 19

PUBLIC.EDUCAT10NAL AND GOVERNMENTAL (EO) CHANNEL ..,,.,,,., ,,,.,.,,, Itll rt ,., ...... ,.,,.,,...... ,.20

SECTION 8 ENFORCEMENT, INSURANCE AND INDEMNJFICATION .....,.,.....,,,,,,,21

VIOI,ATIONS AND OPPORTUNITY TO CURE .,.,,,,.,.,.,..,,,...,.,....,,21 LIQUIDATEDDAMAGES,, iii ii ,.,. .. ., 11 ...... ,...... ,,21 REVOCATION ...... ,...... ti ,,..,... .,,., , , ,,22 INDEMNIFICATION.. ,,. ,,,,,,,,. ,..,,..., ,.,.,...... +tit .24

SECTION 9 lVnSCELLANEOUS ,25

FORCB MAJEURE REMOVAL OF SYSTEM NOTICIES EQUAL EMPLOYMBNT OPPORTUNTY CAPTIONS OOVERNINO LAW; VENUE DISPUTE RESOLUTION , TRANSFER, ASSIGNMENT OR CHANOE IN CONTROL ENanREAGREEMENT SEVERABILITY CHANGEOFLAW, ii , , , COMPLIANCE WITH LAWS 29 ,,30 APPROVAL, OF THE NEW YORK STATE PUBLIC SERVICECOMMISSION FILING OF FRANCHISE WITH COMMISION.,,.,..,...... ,,,,,,...... 30 THIRDPARTYBHNEFICIARES 30 APPLICABILITY ,30 OF ACJREEMENT . EXHIBi'I' A SUBSCRIBER SERVICE STANDARDS ,,32

F,XHBITB COMMUNlTYFAClLlTIESTORECEIVHFREECABLESERVICE.,,,...... ,.56 CABLE FRANCHISE AGRE]?MENT:

Time Warner Cable Northeast LLC (hereinafter referred to as "Time Warner Cable

WHERF,AS, pursuant to Title VI of tlie Telecomrminications Act of 1934, as amended, the regulations of the Fcderal Comtnunications Commisston (hereinafter referred to as the FCC") and tlie rules and regu}ations of the New York State Publxc Service Commission, the Village is authorized to grant and renew franchises to construct, operate and mamtam a Cable System utilizmg Public Rtghts-of-Way and properhes withm the Village's )urisdiction; and

WHEREAS, Time Warner Cable currently holds a cable franchise from the Village by virtue of a cable franchise agreement dated December 8, 2005, ori@inally granting a cable fraiichise to Adelphia Cablevision of New York, Inc, d/b/a Adelphia Cable Commumcations; and

WHEREAS, Time Warner Cable }ias requested tliat tlie Village renew Time Warner Cable's franc}iise to mamtain, construct, operate, and upgrade its Cable System over, under and along the aforesaid riglits-of-ways for xise by tbe Village's residents; and

WHEREAS, the aforesaid Public Rights-of-Way used by Time Warner Cable are public properties acqiired and maintained by tlie Village on belialf of the citizens of the Village, and the right to use said rights-of-way is a vatuable propeity right; and

WHEREAS, the Village desires to protect and manage the aforesaid rights-of-way, establish standards of Subscriber service, maintam a technologically advanced Cabfe System, receive Franchise Fees for Tirne Warner Cable's use of lhe Village's rights-of-ways as provided by federal law, obtain the use of public, educational and Bove'imnental cham'iels, estabhsli ceitam reporting requirements, obtain certain complimentary servxces, provide legal protections for the Village, and meet tlie current and future cable-related needs of its residents; and

WHEREA8, the Village has held a pubfic hearing on tlie subject of cable franchise renewaJ, including reviewing the cable operator's past perforniance and xdentifying the Village's future cable-i'elated comnmmty needs; and

WHEREAS, the Village, after affording the public notice and opporlunity for comment, has deteimixied tliat Time Warner Cable lias tlie teclmical ability, financial condition, and character to operate and mainlain a Cable System, and its p)ans for operating such system are adequate and feasible; and

WHEREAS, the Village has determined tliat t}iis Agreement and the process for consideration of this Agrccment complies with all applicable federal, state and local Iaws and regulations; and

1 WHEREAS, the Village, after affording the public notice and opportunity for cornment, has deterrrnned that the public interest would be served by renewing Time Warner Cable's non- exclusive fioanchise according to the teims and conditions contamed herein;

NOW THF,REFORE, in consideration of the mitual promises contained herein and intending to be legally bound hereby, thc ViJlage and Time Warner Cable agree as follows:

SECTION 1 DEFINITIONS

Tlie following tetrns used in tliis franchise shall have the following meanings:

(a) Affiliated Entity - Any corporation, partnersliip or other business entity that owns or controls, is owned or controlled by, or is under common ownership or control with Time Warner Cable. (b) pasic Senic,e; - Tlie service tier that includes at least the retransmission of local broadcast televisxon siBnals and any Public, Educational and Govemmental (PEG") access chamiel, (c) - Title VI of the Communications Act of 1934, as amended by the Cabie Commumcations Policy Act of 1984, the Cable Television Consumer Protection and Competitive Act of l 992 and the Telecommunications Act of 1996, as it may, from time to time, be further ainended, (d) Cabe Service - The one-way transmission to Subscribers of video programming or otlier programming semce and Subscriber interaction, if any, which is required for the selection or use of such video prograinming or other programmmg service. (e) Cable System - 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 wluch includes video programmmg and whxch is provided to multiple Subscribers within the Village but such term does not tnclude (1) a facilxty that serves only to retransmit the television signals of one or more televtsion broadcast stations; (2) a facility that serves Subscribers witliout using any public right-of-way; (3) a facility of a common camer which is subject, in whole or in part, to the provistons of Title II of the Communications Act, except that

Cable Act) to the extent that facility is used in the transmission of video programming directly to Subscribers uness the extent of tliat use is solely to provide interactive on-demand services; (4) an open video system that complies wxth Secttoxi 653 of the Cable Act; and (5) any facilities of

(f) Channel - A portion of the electromagnetic frequency spectrum which is used in a Cable System and which S capable of deltvering a television cbannel, (g) - Any written (including electronic) or oral communication by a Subscriber expressing dissatisfaction with any aspect of Time Wariier Cable>s l:iusiness or the operation of its Cable System,

2 (h) (:ommunications Act - The federal Communications Act of 934, as amended, and as it inay, from time to time, be futther amended,

Cable System,

0) Edgcatipnial Acggss (.hannel. - An access clianncl in which the programmers are school districts and not-for-profit educational institutioiis chaitered or Iicensed by the New York State Department of Education or Board of Regents, Tliis channel is for use on a non-commercial basis,

tlie health, welf'are, or safety of the pubic; or (2) has caused or is likely to cause the Cabte

(l) - Federal Communications Commission. (m) Forqe Micut:q - A catastroliliic event that can be neither anticipated nor controlled that includes, but is not limited to, tlie followmg: Acts of God; acts of piblic enemies, including terrorxst attacks; orders of any kind of the government of the United States of America or the State of New York or any of their departments, agencies, political subdivisions, or officials, or any civil or military autliortty; tnsurrechons; riots; labor strikes; epidemics; landslides; Iiglitning; earthquakes; fires; hurricanes; volcanic activity; storms; floods; wasliouts; droughts; explosions; unaVaiability ofmatertal8 0r equlpJnetlt; and partial Or enttre failure ofutilities. (n) - The right granted by the Village to construct, operate and maintain a Cable System withtn the corporate limits of the Village as embodied in the terms and condit{ons of this Agreement.

(o) )pranchise Fee - The fee tliat Time Warner Cabe remits to the Village for tJie use of the Village's Public Rights-of-Way pursuant to Section 622 of the Cable Act, 47 U.S,C, §542, and Section 6. 1 of t}iis Agrecment. (p) Government Acqess Channe,l - A cl'iannel where the programmers are municipal government or agencies thereof and which is designated for non-commercial use. (q) Gross gevenues - A[I reverme received directly or indirectly by Time Wainer Cable or xts Affiltated Enttttes artsmg from, attributable to, or 111 any way derived from tlie operation of Time Warner Cable's System in the Village to provide Cable Services. Gross Revenues shall include, but are not limited to, the following:

(l) Basic Service fees; (2) fees charged to Subscribers for any Cable Service tier other tliaxi Basic Service', (3) fees cliarged for premium services; (4) fees for all digital video tiers; (5) fees for video-on-demand; (6) fees charged to Subscribers for any optional, per-channel or per-program SerVlCeS;

3 (7) revenue from the provision of any other Cable Services; (8)charges for instaJlation, additional outlets, relocation, disconnection, reconnection and c}'iange-m-service fees fot video or audio programmmg; (9) fees ror cianging any level of Cable Service programming; (10) fees for service calls; (11) inside wire maintenance fees; (12) service plan protection fees; (13) convenience fees; (4) early termination fees; (1 5) fees for r,eased Access Channels; (16) charges based on tbe sale or lease of any portion of the Cable System for Cable Servtce; (17) rentaJ or sales of any and all Cable Service equipment, including converters and remote control devices; (18) any mid all loca[ly-derived advertising revenues; (19) revenues or cominissions from ?ocally-derived home shopping c}iannels; (20) revenue from interactive teevision serviccs; (21) fees for any and all music services; (22) broadcast retransmission fecs; (23) late payment fees; (24) NSF check charges; and (25) Pass-t}'irough of Franchise Fees,

Gross Revenues shall not include bad debts, investment income, refunded deposits, or any taxes on services furnished by Tiine Warner Cable and imposed directly upon any Subscriber or user by the Village, state, federal or other governmental rinit, In the event of any dispute over the classificatxon of Gross Revenues, tlie Village and Time Warner Cable agree that reference should be made to genera)ly accepted accounting principles ("GAAP") as promulgated and defined by the Financial Accounting Standards Board ("FASB"),

(r) HD - Higli definition format. (s) Lease4 Ac=ss qr Comn'iercial Access Channel - AnyAny channel on Time Warner Cableos Cable System dcsignated for use by any entity that is unaffiliatedunaffiliated witli Time Warner Cable pursuant to Section 612 of the CatJe Act, 47 U.S.C. §532, (t) %ultiple Dwelling Units py MDUs - Any building, buildings or area occupied by

4 or designed to be owned, occupied or leased for occupation, or actually occupied, as individual hoines or residences for three (3) or more households. (u) New York State Public Service Commission or "PSC" - The New York State agency cliarged witli regulating cable television service at the state level. (v) Normal Business Hours - Those hours during which most similar businesses in the community are open to serve Subscribers, In afl cases, "Normal Business }{ours" must include some evenmg hours at least one night per week and/or some weekend hours. (w) Normal Opqrati77g (:oxiditiqps - Business conditions within Time Watner Cable's service department wlixch are within the control of Time Warner Cable. "lahose conditions that are not withm tlie control of Ttme Warner Cable include, but are not limited lo, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions, (x) - An interior receptacle that connects a television set to the Cable System, (y) %'r.qgramming - Any video or audio signal carried over the Cable System that is generally considered comparable to programmtng provtded by a televtsxon broadcast station. (z) public Access Channe$ - A channel desigrxated f'or use by the public on a first-come, first-served, non-discriminatory, and non-commercial basis. (aa) Public Rights-of-Way - The surface and the area across, in, over, alorig, under and upon the public streets, roads, lanes, avenues, alleys, stdewalks, bridgcs, highways and other riglits-of-way, as the same now or may thereafter exist, which are under the 3urisdiction or con(rol of the Village, (bb) 8ervice Interiaiiption - The loss of picture or sound on one or more cliannels. (cc) Subscriber - A person or entity who contracts with Time Warner Cable for, and lawfully receives, the vxdeo signals and Cable Servxces distributed by the Cable System,

SECTION 2 !GRANT OF FRANCHISE

2,1 GRANT OF AUTHORITY

Pursuant to the Cable Act, the regulations of the FCC and the rules and regulations of t}ie New York Public Service Commission, tlie Village hereby grants a non-exclusive and revocable franchise to Time Warxier Cable, Subject to tlie terms and conditions contained herein, the Village hereby grants to Time Waitier Cable the rigJit to own, construct, extend, install, operate, maintain, upgrade and rebuild a Cable System, mcluding such wires, cables, fiber, conductors, ducts, conduits, amplifiers, pedestals, attachments and other equtpment as ts necessary and appropriate to tlie operahon of tbe Cable System m the Public Rights-of-Way, including propeity over wliich the Village has a sufficient easement or right-of-way, for the purpose of reception, transmission, amplification, origination, distribution or redistributton of video and aidxo signals to provtde Cable Services as perrmtted by applicable law,

5 2.2 TERM OF FRANCHISE

The term of this Agreement shall be for a period of ten (10) years commencing on the effective date of the certificate of confirmation or approval of this franchise renewal by the PSC and cxpiring on unless tlie Franchise is terminated prior to the expiration date in accordance with the., terms and conditions of this Agreement.

2.3 SERVICE CLASSIFICATION AND REI,ATED AUTHORiT¥

Time Warrier Cable acknowledges and agrees tliat the system over which its video service is delivered is a Cable System for which tlie terms and conditions sliall apply for at Ieast the term of this Agreement,

2.4 REPRESENTATIONS AND WARRANTIES

Time Wainer Cable represents, warrants and acknowledges that, as of the Effective Date:

(1 ) 'I'ime Warner Cab}e is duy organized, validly existirig and in good standing under the laws of the State of Delaware and authotized to do business in the State of New York; (2) Time Warner Cable has tlie requisite power and authority under applicable law and its by-Iaws and mticles of incoiporation and/or otlier organtzational documents, is authorized by resolutions of its Board of Directors or other governing body, and has secured all consents which are required to be obtamed as of the Effective Date, to enter into and legally bind Time Warner Cable to this Agreement and to take all actions necessary to perform all of its obligations pursuant to lJits Agreement; (3) Thts Agreement is enforceable against Time Warner Cable in accordarice with the provisions herem, sub3ect to applicable State and federal laws and regulations; (4) There is no action or proceeding pending or thrcatened against Time Warner Cable which would mterfere wxth its performance or its ability to perform the requirements of tiiis Agreement; (5) Pursuant to Section 625(f) of the Cable Act, as of the Effective Date, the performaxice of a!l terms and conditions in this Agreement is commercially practicable.

2.5 NON-EXCLUSIVITY

(a) Tliis Francliise granted to Time Warner Cable shal be non-exclusive. Nothing in this Agreement shall affect the right of the Village to grant other Franchises to construct, operate or mamtain a Cable System, (b) If the Village grants a subsequent Franchise that, when taken as a whoIe upon consideration of all of its material obligations, is more favorable or less burdensome to the subsequent franchisee than tliis Agreement is to Time Warner Cable, t}ien Time Warner Cable may request an amendment to thxs Agreement to provide Time Warner Cable with competitive

6 equity, If', when taken as a whole upon consideration of' a}l of its material obligations, the subsequent Franchxse is more favorable or less burdensome, then the pailies agree to amend this Agreement to provide Time Warner Cable with such competitive equity.

2.6 CHANGE IN CABLE FRANCHISE LAW

Notwithstanding any other provision in this Franchise, in the event any chmige to state or federal law occurring during the term of this Franchise elimmates the requrremcnt for any entity desiring to construct, operate or mamtam a Cable System in the Village to obtam a Frarichise from tie Villagc and another Cable Operator actuaJ]y provtdes Cable Service legally to Subscribers in the ViJlage without a Franchise from the Village, tlien Time Warner Cable s}iall have the right, upon sxxty (60) days prior wrxtten notice, to terminate this Franchise and operate the Cable System under the terms and conditions of the cJianged law, Time Wairier Cable shall not abandon Cable Semce 111 any portion of the Franchise Area without the Vtllage's consent and shall remain subject to all applicable laws and regulations with respect to abandonrnent of service including those of the NYPSC,

2.7 NO WAIVER OF RIGHTS

No course of dealing between the Village and Time Warner Cable, nor any delay on the pait of either paity m exercismg any rights hereunder, shall operate as a waiver of any such riglits or acquiescence m tlie actions of the other party m contravention of such rights, except to the extent expressly waived. 2,8 FRANCHJSES!TBJECTTOFQF,RA[iSTATE,ANI)LOCALfAWS

This Franchise is subjcct to and shall be governed by all lawful and applicable proyisions of federal state and local laws and regulations. Tliis Franchise is fuither sub3ect to all applicable ordinances and resolutions of the Village, to the extent not inconsistent with the terms of this Francliise, Without wamng any of xts rigbts, the Village agreesat}iat, to the extent any terrn of' this Agrecment is inconsistent witli the terms of any Village cable franchise ordmance existmg as of the Effective Date, tl'iis Agreement shall control.

SECTION 3 SYSTEM CONSTRUCTION, OPERAT:JON AND M!S,INTENANCE

3.1 TECHNICAL REUIREMEN': (a) Time Warner Cable shall operate, maintain, construct, and extend the Cable System so as to offer one-way and two-way Cable Services throughout all patts of the Village where the densxty requirements of Sectton 3.2 (a) are met. The Cable Servtce provided by the Cable System sha)l be dexvered in accordance with FCC standards, Tlie Cable System sliall meet or exceed any and all technical performance standards of the FCC, the National Electrical

7 Safety Code, the National Electric Code and any other applicable federal laws and regulations, and the laws, ordinarices and construction standards of the New York Pubhc Service Cominission and, generaly applicable laws, ordinarices and construction standards of the Village,

(b) Stand-by power at the headend(s) shall be providcd in the event of a service interruption. Stand-by power must activate automatically upon the failure of commercial utility pOWel'.

3.2 AREA TO BE SERVED

(a) Time Wainer Cable shall make Cable Service available to every dweling occupied by a person requesting Cab!e Scrvice provided that Time Wamer Cable ts able to obtam from the property owners any necessary easements and/or permtts m accordance wxth Section 621(a)(2) of the Cable Act, Time Warner Cable shall extend the Cable System into all areas withm the Village where there ts a mmtmum of twenty (20) dwelling untts per cable mile of aerial cable and foity (40) dwellmg units per cable mike of underground cable, Density per cable mie shall be computed by dividing the number of remdenhal dweiling umts m t}ie area by the length, in miles or fractxons thereof, of the total amount of aerial or underground cable necessary to inake service available to the residential dwelling units in such areas. The cable length shall be measured from the nearest point of access to t'he then-existing system, provided that extension is techntcaHy feasible from that pomt of access and located within the Public Subscriber premises, Time Warner Cable shall complete said extensions witiin lhree (3) months of written nottfication to Time Warner Cable by the Village that an area has met the mmtmum derisity standard set forth herein (weather permttting). Time Warner Cable's obligation hereunder sl'iall be subject to the timely performance of walk-out, make ready and location of all underground utilities.

(b) Any dwelling unit within one lmndred fifty (150) feet aerial distance from the main distributxon hne shall be entitled to a standard installation rate. For any dwelling umt between one lmndred fifty (150) feet and two lmndred-fifty (250) feet aerial distance from the main distribution line, Time Warner Cable shall extend the Cable Service, and the Subscriber and 'I'ime Warner Cable shall share equally tlie actual cost of installation from the main distt'ibuhon line. For any dwelling umt in excess of two hundred fifty (250) feet aerial distance or that requires an underground mstallation, Time Warner Cable shall extend Cable Service and the Subscriber sliall pay Time Warner Cable's actual cost of installation from its n'iain distribution system.

(c) The Village has the right to require Time Warner Cabe to place wires and/or undergroind in those areas of the Village where the wires and/or equipment of similarly situated entities (i,e. teleplione and electrrc utiltttes) are underground; provtded, however, that such teclinical degradation of the Cable 8ystem's signa} qiality. Time Warner Cahte shall not be

8 required to construct, operate, or maintain underground any ground-mountcd appurtenances such as Subscriber taps, ltne extenders, system passive devices, amphfiers, power supplies, or pedestals.

(d) Assuming that the terms of this Section 3,2 }iave been met, Time Warner Cable shall not deny access to Cable Service to any group of potential Subscribers because of the mcome of tJie residents of the local area m wlixch such group resxdes.

(e) Grantee may not abandon Cable Service in any poition of the Franchise Area without the prior written consent of Grantor,

3.3 CABLE S¥8TEM SPECIFICATIONS

(a) Time Warner Cable has designed, constructed and shall maintain a Cable System that lias been built for digital television standards with a bandwidth capacity of at least 750 MHz and the capability of no fewer than one hundred fifty (150) video channels and shall allocate a poition of said bandwidth to deliver two-way Cable Semces, (b) Time Warner Cable reserves the right to alter, adjust, modify, rebuild, upgrade, redesign, or otherwise reconfigure the Cable System at any ltme during the term of tlie Agreement, provided that no alterahoxx, adjustmem, modi'fication, rebuild, upgrade, redesign or other reconfiguratioii of tlie Cable System shall havc the effect of reducing the technical capabilities of tlie Cable System as set forth xn Sectxon 3.1, (c) 'rime Warner Cable shall construct and maintain its cable system using materials of good and durable quality and that all work involved m the construction, installatiori, mamtenance, and repair of the cable systcm shall be performed in a safe, tliorouglx and reliable manneri

3.4 SYSTEM TESTS

(a) Time Warner Cable shall conduct proof of performance and other system tests as set forth below. Time Warner Cable shal retam written reports of t}xe results of any tests reqtured by the FCC, and such reports shall be submitted to the Village within thirty (30) days of a wrxtten request from the Village; provided, however, that Time Warner Cable s}iall not be required to submit such reports more than one (l ) hme 111 any calendar year,

(b) Time Warner Cable shall perform the following tests on its Cable System:

(l ) Al tcsts required liy the FCC; and (2) All other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time during the term of this Agreement as riecessary to respond to Subscriber Complamts. (c) At a minimum, Time Warner Cable's tests shall include Cable System tests at intervals required by FCC regulations.

9 (d) Tin'ie Warner Cable sliall maintain written records of all results of its Cable System tests performed by or for Time Warner Cable as required by FCC regulations. Such test results shall be available for inspection by the Village ipon request, (e) Tests may be wiffiessed by representatives of the Village, and, upon request, Time Warner Cable shall inform the Village of the time and place of eacli test. The Village may conduct independent tests of the system for which Time Warner Cable shall give its fiillest cooperation, provided that such tests do not interfere with the operation of tlxe Cable System, Time Warner Cable shall be required to take prompt corrective measures to correct any system deficiencies and to prevent tiie recurrence of sucli deficiencies,

3.5 EMERGENCY ALERT SYSTEM Time Warner Cable shall comply with the Emergency Aleit System requirements of the FCC, 3.6 RATE DISCRIMINATION All Time Warner Cable residential Subscriber rates and charges shall be subject to regulation in accordance with federal law, and shall be published and shall not illegally discriminate among persons in the Village under similar circumstances and conditions. Time Warner Cable shall establish similar rates and charges for all residentiak Subscribers receiving similar services, regardless of race, color, religion, age, sex, marital status, income or economic status, national origin, sexual orientation, pliysical or mental disability. Nothing in this Section 3 ,6 shall be construed to prohibit: (a) Tlie temporary reduction or waiving of rates and charges in conjutiction witli promotioiial campaigns;

(b) The offering of reasonable discounts to senior citizens or discounts to economically disadvantaged citizens;

(c) The establishxnent of different axid non-discriminatory rates and charges for different classes of services for cormnercial Subscribers, as well as different, montMy rates for classes of con'unercial subscribers; or

(d) The establislmient of reduced bulk rates for residential Subscribers residing in multiple dwelling inits, 3.7 SERVICES FOR SUBSCRIBERS WITH DISABILITIES (a) For axiy Subscriber who lias a disability or wlio is otherwise mobility-iinpaired, Time Warner Cable shall, at no charge to tlie Subscriber, deliver and pick up coxiveilers and other equipment at tlie Subscriber's liome at tlie Subscriber's request. In the case of a malfunctioning converter or sucli otlier equipinent, Time Warner Cable shall provide anot}ier conveiter or sucb otlier equipment and ensure tliat it is working properly, and sball make available at no cost to tbe Subscriber a method by which to return the defective converter or sucli otlier eqiipment to Time Warner Cable. For the puiposes of this Section 3.7(a), Time Warner Cable may arrange for delivery and pickup of eqiipment

UPS), provided tliat all shipping costs are paid for by Time Warner Cable.

10 (b) Time Warner Cable shall work cooperatively with any services that allow hearing- impaired Subscribers to contact Time Warner Cable by telephone, 3.8 SERVICE TO MUL'IIPLE DWELLING UNITS (('MDUs55) Time Warner Cable and the Village hereto acknowledge and agree that installation and provision of Cable Service to MDUs are subject to a separate negotiation between the landlord, owner or governing body of any such MDU and Time Warner Cable, which negotiations shall be conducted in accordance with tlie procedures set foith in tlie Cable Act, as amended, applicable FCC regulations, and Section 228 of the New York Public Service Law and NYPSC's Regulations.

3.9 REPAIRS AND RESTORATION (a) Whenever Time Warner Cable or any of its agents, inctuding any contractor or subcontractor, takes up or disturbs any pavement, sidewalk or other improvement of any public or private propeity the same shall be replaced and the surface restored in as good condition as before the disturbance within ten (10) business days of the completion of the disturbance. UT)Ol failure of Tiine Warner Cable to comply within the time specified and the Village liaving notified Time Warner Cable in writing of the restoration and repairs required, t}ie Village may cause proper restoration and repairs to be made and the expense of such work shall be paid by Time Warner Cable upon demand by the Village, (b) Whenever Time Warner Cable or any agent, including any contractor or subcontractor, shall install, operate or maintain equipment cable, or wires, it sliall avoid damage and injury to

Village if required by the proper installation, operation and maintenance of such equipment, cable or wires. Time Warner Cable shall promptly repair and restore any public or private property that is damaged as a result of constmction, installation, repair or maintei'iance of tlxe Cable System within ten (10) business days, weat}ier permitting. (c) Time Warner Cable's operation, constructioii, repair and maintenance persomiel, including all contractor and subcontractors, shall be trained iii the use of all equipment and tlie safe operation of ve}iicles, Such personnel sliall follow all safety procedures required by all applicable federal, state axid local Jaws and regulations. All areas of tlie Cable System shall be inspected in accordance with sucli applicable federal, state and local laws and regulations so as to prevent hazardois conditions or riskS to safety for the priblic and/or operating and maintenance personnel, Time Warner Cable sliall install and maintain its wires, cables, fixtures, and other equipment in such a manner as shall not interfere with any installatioii of the Village or any pyiblic utility serving the Village.

11 (d) Shorild a pub}ic safety emergency occur as a result of, incident to, or comiected witli operation, constructxon, repair, or mamtenance activities by Time Warner Cable personnel, includmg all contractors and subcontractors, then suc}i personnel shall immediately contact the applicable public safety emergency dispatcher (e.g. 9-1-l).

(e)Wlienever Time Warner Cable or any agent, inc)uding any contractor or subcontractor, shall disturb any pavement, sidewalk or other publxc property m oi:der to perform

!! incw mi) prior to any such disturbance, Time Warner Cable shall adliere to any additional undergroundxng requnaements whtcJi the state of New York may establish in the future, Time Warner Cable shall adhere to all requiremerzts of 16 NYCRR Part 753, Protection of Underground Facilities.

(f) All structures and all lines, equipment and connections in, over, under, and upon streets, sidewalks, alleys, and pubic and private ways and places of the Village, wherever situated or located, shall at all times be kept and r)iaintained in a safe and suitable condition and iit good order and repatr xn accordance with customary industry standards and practices,

3.0 SERVICF,AREAMAPS

Upon request, Time Warner Cable shall provide to the Village for its exclusive use and sha}l mamtam at its local offices a complete set of Time Warner Cable service area maps of the Village on which siall be shown those areas in whicli its facilities exist and the location of' all streets, The maps shall be provided to the Village ixi liardcopy and also, if requested and availabte, m an electromc OIS format whicl'i is compatible with the Village's GIS format. The strand maps shall also designate where the cable wxres and other equipment are aerial and where they are underground. Tiine Warner Cable shall provide the Village with updated maps witliin thirty (30) days after any request by the Vi)lage.

3.11 DISCONNECTION AND RELOCATION

(a) Time Warner Cable shall, at no cost to tbe Village, protect, support, temporarily disconnect, relocate in the same street, or other public way and place, or remove from any street or any otlier public way or place, any of its property as required by the Village or its designee by reason of traffic conditions, street construction, change or establishment of street grade, site distance visibility, the constructton of any public tmprovement or structure, or any other reason related to public health, safety and welfare,

(b) In requiring Time Warner Cable to protect, support, temporarily disconnect, relocate or remove any portion of its propeity, t)ie Village shall treat Time Warner Cable the same as, and require no more of Time Warner Cable tlian, any similarly situated entity. 3.12 QIERG8NCYREMOVALOF.EQUIP%'4F,NT

12 (a) If, at aiiy time, in case of fire or other disaster in the Village, it shall be necessary, in the reasonable judgment of the Village or its agent, to cut or move any of the wires, cable or equipment of the Cable System, t}ie Village shall have the right to do so without cost or liabi)ity, provided that, wherever possible, the Village shaJl gtve Time Wamer Cable notice and the ability to relocate wxres, cable or other equiprnent,

(b) In cutting or moving any of the wires, cable or eqiipment of the Cable System in tJie event of fire or other disaster, the Village siall treat "I'ime Warner Cable the same as, and require no more of Tin'ie Warner Cabe than, any otlier similarly situated entity.

3.13 TREETRIMMING

(a) Time Warner Cable, or its agents, including contractors and subcontractors, shall have the authortty to trtm trees upon and overhmiging the Public Rights-of-Way so as to prevent the branches of such trees f'rom commg m contact witli the wxres, cables, or other equipment of Time Warner Cable, Any such tree tnmmmg shatl only be performed in accordance with applicable laws and regulations,

(b) If Time Warner Cable or its agents, including contractors and subcontractors, wish to cut down and remove any tree or trees as may be necessary for the installation and/or mamtenance of its equtpment, st sliall apply to the Village for perrmssion, with the exception of Bmergency situatxons as defined m Sectxon 1(l), and xf permission is granted, shalf perform such cutting and removal in accordance wit}i the regulations of the Vil)age.

3.i4 CHANNEL CAPACITY Time Warner Cable shall meet or exceed programming and channel capacity requxrements set forth in tliis Agreement and requred by federal and state law and regulations.

3.15 BROADCAST CHANNELS

To the extent required by federal law, Titne Warner Cable shall provide all 8ubscribers witli Basic Service including, but not imited to, the following: a) all broadcast television signals carried iri fulfillment of tlie requirements of Section 614 of the Cable Act; b) the signals of qualified non-commercial educatxonal television signals carried in fulfillment of tJie requirements of Section 615 of the Cablc Act; and c) any Public, Educational and Governmental Channel pursuant to Section 611 of the Cable Act. All such signals shall be deltvered to Subscribers in accordance with FCC tec]inical specifications,

3.16 SIGNAL SCRAMBLING

Time Warner Cable shal at all times comply with FCC regulations regardixig scrambling or other encryption of audio and video signals.

13 3.17 !GON1'INUITY QF,SF,RVI(J

Subscribers shall continue to receive service from Time Warner Cable provided their financial and other obligations to Time Warner Cable are honored. Subject to Force Ma)eure provisions xn Section 9,1, Time Warner Cable shall use its best efforts to eisure that all Subscribers receive continuous, uninterrupted service regard)ess of the circumstances, For the purposc of construction, rout4ne repairing or testmg of tlie Cable System, Time Warner Cable shall use xts best effoits to mterrupt service only during periods of mmimum use. When necessary service interruptions of more than twenty-four (24) hours can be anticipated, Time Warner Cable sliall xiotify Subscribers m advance of such service interruption along with providing Subscribers with a pro-rata credit for the tu'ne of such semce interruption,

3.18 PARENTAL CONTROL CAPABILITY

Time Warner Cable s]iall provide Subscribers with tlie capability to control the reception of any video and/or audio cliannel on the Cable System pursuant to Section 641 of the Cable Act,

SECTION 4 SUBSCRIBER SERVICE STANDARDS

Time Warnet Cable shall comply with tlie customer service standards as set fortli in Exhibit A to this Agreement, To the extent tliat any customer service standard set forth in Ex}iibit A to tliis Agreernent is virtually identical to a customer service standard promutgated by the NYPSC or the Federal governnnent, and the NYPSC or tlie Federal government (as applicable) amends such standard, then the customer service staxidard in Exliibit A to this Agreement shall reflect tl'ie amended standard,

SECTION 5 u'4G'[U,ATION BY THE ViI,L=!GE,

5.1 8ESPONSIBILITY OF ADMINISTRATION The Village's Mayor shall be responsible for the continuing administration of this Franchise.

5.2 RIGHT TO INSPECT

(a) The Village sliall have the option, upon thirty (30) business days written notice and during Norrnal Busmess Hours, to mspect at the iiohce location for Titne Wamer Cable speci:fied pertinent information n'iaintained by Time Warner Cab)e wliich relate to the terms of this Agreement,

14 (b) ln additioxi, Time Warner Cable sliall maintain for inspection by the public and the Vilfage all records required by thc FCC and as specified iit 47 C.F.R. § 76.305 in the manner specified therein,

(c) Upon thirty (30) days written request to Time Wamer Cable, the Village may inspect the Cable System at any time to ensure compiance with this Agreement and applicable law, including to ensure that the Cable System is constructed and maintained in a safe condilion, The Village may not conduct a p)iysical mspection of the Cab]e System or open any vaults, pedestals or conduits without the express perrmssion of Time Warner Cable. Tlie Village may not inspect tlie Cable System on Time Warner Cable's property other than for permitted work, If an unsafe conditxon IS found to exxst, the Village, in addition to taking any other action permitted urider applicable law, may order Time Wamer Cable, in wrihng, to make the necessary repairs and alterations specified therexn fortliwith to correct the unsafe condition wrthtn a reasonab[e time established by the Village.

5.3 R][GHT3'O CONDUCT COMPLI4NCE REVIEW

The Village or its representatives may conduct a full compliance review with respect to whether Time Waxner Cablc has complied with the matenal terms and conditions of this Agreement so Iong as it provides Time Warner Cable with tiiity (30) days written notice in advance of the comniencement of any such review or public hearxxig, Such notice shall specifically reference the sectron(s) or subsection(s) of the Agreement that is (are) under review, so that Titne Warner Cable may orgamze the necessary records and documents for appropriate review by the Village, Within thirty (30) days of a written request, Time Warner Cable shal provide t)ie Village wit}i copxes of records and documents related to thc cable compliance review.

5.4 RESERVED AUTHORITY

The Village reserves tbe regulatory arithority arising from the Cable Act and any other

or reduce the Village's authority, riglits and privileges it now liolds, or which }iereaffer may be conferred upon it, incluchng any right to exercise its police powers in the regulation and control of tlie use of the Public Rights-of-Way, 5.5 POLICE POWERS

Time Warner Cable's riglits under this Agreement are subject (o the police powers of the Village to adopt and enforce general laws and regulations necessary for the safety arid welfare of the tertns and conditions granted in tlie Franchise, Sucli laws and regulations are separate and distmct from tlie terms and conditions contained in this Agreement, and shall be consistent with all federal and state laws, rules, regulations and orders,

5.6 NO LIMITAT!QN QN TAX!NG QR FEE AUTHORITY

15 Nothirig in this section or in this Agreement shall be construed to limit the authority of the Village to impose any tax, fec or assessment of general applicability. Sucli taxes, fees or assessments shall be m addition to Francl'iise Fees to the extent consistent with applicable law,

5.7 PERMITS

Time Warner Cable shall apply to the Village for all generally-appicable required perinits and shall not undertake any activities m the Publtc Rights-of-Way sub3ect to a permit wxthout receipt of such permit, the issuance of which shall not be unreasonably withheld by the Village. Time Wariier Cable sliall not be required to obtain permits for Cable Service drops for individual Subscribers or for servicmg or installation of pedestals or routme maintenance that does not disturb surface grade or impact veliicular traffic. Time Warner Cable shall pay any and all required permit fees,

5.8 u!PQRu In addition to the other reporting requirements conlained in this Agreement, Time Warner Cable shall provide tJie following reports to the Village:

(a) S3.ibscriber Complaint Reports

Within thirty (30) days of a written requcst, Time Warner Cab)e shall submit to the Village a report showing the number of Complamts, as de:fined in Section l(g), tliat required a work order and/or service call, origmatmg from tlie Vi)lage and received during the previous 12- month reportmg period, the dates lhey were received, summary descriptions of the Complamts, the dates lhe Complamts were resolved and summary descriptions of tlie resolutions.

In additioxi and upon reqriest, Time Warner Cable shall provide a repoit containing at least t!ie following statistical mformation for t}ie previous 12-month period:

(1) Number of repair service requests reccived;

(2) Breakdown by type of complaint received (i.e, complete outage, snowy pxcture, etc.); (3) Breakdown by cause of problem (i.e. subscriber equipment, drop/converter, system, etc.);

(4) Nutnber of known service interruptions and the approximate length of time of each sucli inteiruption; (5) Average hold time for Sibscriber service telephone calls that were received in the previois quarter;

16 (6) Percentage of telephone calls answered within thirty (30) seconds during the previous quarter;

(7) Percentage of telephone calls received within the previous quaiter that were abandoned before bemg answered by a live operator; and

(8) Percentage of time wlien all incoming telephone trunk lines were in a busy condition,

(b) Annual Financial Reports

Witliin thirty (30) days of a written request, Time Warner Cable sliall submit to the Village its current financial statement, including a statemem of income, balance sheet and a statement of sources and applications of funds which shall be verified by Ttme Warner Cable's Chief Financial Officer in accordance with (}enerally Accepted Accounting Principes. Subrmssxon by Time Warner Cable of the most recent U,S, Securities and Exchange Commission Annual Report Form 10-K prepared by Time Warner Cable Inc. shall be deemed as satisfactory compJxance with tliis Section 5,8(b),

Tiine Warner Cable shau provide to the Village, upon written request, copies of any and all comn'iumcations, reports, documents, pleadings and notificatioris of any kmd which Time Warner Cable has submitted to any federal, state or local regulatory agencxes if' such documents relate specifically to Time Warner Cable System witliin the Village. Time Warner Cable shall

(d) ReHrting Methods Any repoiting requirements may be satisfied by system-wide statistics, except for reportmg requireinents related to Francliise Fees and customer complaints,

5,9 COf'!!FIDENTIALITY

To the extent permitted under New York law, tlie Village shall maintain as confidential any infotmation provided to it by Time Warner Cable under the terms of this Francliise which Tin'ie Warner Cable has designated in writing as confideritial. In the event that the Village believes at any tm'ie that it is required by law to disclose such inforrnation to a third party, the Village will so notify Time Warner CatJe at a time prior to such disclosure that affords Time Warner Cable a reasonable opportunity to take stich action a,s it deerns necessary to prevent such disclosure, includirig seekmg relief in court,

SECTION 6 COMPENSATION TO THE VILLAGE

17 6.1 FRANCHoSE FEEe

(a) Time Warner Cable shall pay to the Village an amount equal to five percent (5%) of the Gross Revenues derived from the operation of its Cable System to provide Cable Service m the Village, Time Warner Cable shall not deduct or otherwise credit against tlie Franchise Fee any tax, including property taxes and all other taxes, fees or assessments of general applicability unless allowed by applxcable law, In addition, and to the extent provided m Section 622 of the Cable Act, francliise fees are separate and distinct from all otier taxes, fees and assessments of general applicabiity

(b) If the law changes to permit a stated Franchise Fee percentage which is greater than 5%, the Village may amend the Franchise Fee percentage upon written notice to Time Warner Cable provided that the Franchise Fee may siot exceed the maximum percentage permitted by law. A copy of the Resolutton or Ordinance authorizing the Franchise Fee rate adjustment by the ViJlage shall accompany such written notice. Any change in Time Warner Cableas Franchise Fee oblzgatton contatned herein shall commence withm ninety (90) days from such written notice,

6.2 QU4RTER]L7 PAYMENTS

Franchise Fce payments to tlie Vil)age under tliis provision shall be computed at the end of each calendar quarter, Suc}i payments sliall be made within forty-'five (45) days following the end of each calendar quarter, Spectfically, payments shall be due and payable on or before May 15 (for the first quatter), August 15 (for thc second quaiter), November 15 (for the third quarter), and February 15 of the foJlowmg calendar year (for tlie fourth qiarter). In the event that any Franchxse Fee payment IS not made on or before tie date by which it is due, then mterest calculated at t}ie then-current prime rate, as published by the Wall Street Journal, shall be added to the amount of Franchise Fee revenue due to the Village, The interest rate shall be applied as described from the date such Franchise Fee payment was originally due. No acceptance of any payment siall be construed as an accord that the amount paid is in fact the correct amount, nor shall acceptance of any payment be construed as a release of any claim tlie Village may }iave for additxonal sums payable under ttus Agreemem, Upon request and if mutually agreeable, Time Wainer Cable shall deposit the Franchise Fee payments electronically ixito an account as designated by tlie Village.

6,3 QUARTERLY REPORTS

Bach Franchise Fee payment shall be accompanied by a written report containing an accurate statement of Time Wainer Cable's Gross Revenues received for Cable Services for each calendar quartcr in connection with the operation of Tirnc Wamer Cable's Cable System and showmg the basts for the computatton of fees, Specifically, tl+e report shal contatn hne itetns for

18 sources of reverme received and the amount of revenue received from each source, The report shali be veri'fied by a financial representative of Time Warner Cable.

6.4 FRAN!CHISiF,,FEE AUDIT

(a) The Village shafJ have the right to conduct a Franchise Fee review or audit of Time Warner Cable's records reasonably related to the sources, amounts and computation of Gross Revenues, Any sucb revxew or audit shal occur within sixty (60) months f'rom tlxe date the Village receives such payment, after w'uch period any such payment shall be considered final. Withxn foxty-five (45) days of a written request, Time Warner CabJe shall provide t}ie Village with copies of financial records related to the Franchise Fee review or audit,

(b) Ill the event of an alleged underpayment, tlie Village shall provide Time Warner Cable witli a written statement indicating the basis for the alleged underpayment. Time Warner Cable shall liave forty-five (45) days from receipt of this notice regarding an alleged underpayment to provxde the Village wxth any written objection to the results of the review or audit, incJuding any substantiating documentation, Based on this exchange of information, the Village shall make a .final determination of the undeipayment(s), if any, withm tluity (30) days of Time Warner Cable's objection and shall provrde Time Warner Cable with written notice of the determination, If Time Warner Cable disputes the Village's final determination, it may submit the dispute to mediation in accordance with Section 9.7 (b) below within thtrty (30) days of receiving the Village's written notice of determination, In the evcnt that Time Warner Cable fails to submit the matter to mediation within tlie required time period, the Village's final determination shall be binding on Time Warner Cable. If Time Warner Cable submits tlie matter to mediatton and an agreement ts not reached, either patty may submit tlie matter to ai'bitration in accordance with Section 9,7(a) below withm thiity (30) days of failure to reach agreement tlirough mediation.

(c) Any Franchise Fee payment due to the Village as a result of the Franchise Fee review or audit sliall be paid to the Village by Titne Warner Cabte within forty-five (45) days from the date the Village notifies Time Warner Cable of its finat determination. If the Franc}use Fee review or audit shows that Franchise Fees have been underpaid, tlien Time Warner Cable shall pay the underpaid amount plus interest calculated at the then-current prime rate as published by the Wall Street Journal, If Franchise Fees have been underpaid by five percent (5%) or more, then Time Warner Cable sliall also pay the reasoiiable cost of the revxew or audit,

6.5 UUNDLED SERVICE8

lf Cable Services subject to the Franchise Fee requircd under this Section 6 are provided to Subsctibers in con)unction witb non-Cable Services and the total cost of the bundle reflects [1 discount from the aggregate retail prices of the services contained therein, then the Franchise Fee shall be appJied to tie retail price of the Cable Services in the bundle reduced by no more tlian a proportionate sliare of the overal} discouxit t'inless otherwise required by law or Generally Accepted Accounting Principles (GAAP"),

19 SECTION 7 ,!ARVICE8 TO,'I,HE COMfu!J,NITY

7.1 FRE! SQV,CES TO COMMUNITY FACILITIES

Tin'ie Wamcr Cable shall, at 710 charge to the Vi)lage, provide one (l) complimentary standard installatton and complimentary standard Cable Service, including a converter box and/or any other end user equtpment needed for this Cable Servxce, to all public facilities listed in Exliibtt B. Time Warner Cable shall not offset the cost of the complimentary installation or servicc against Francliise Fees,

7.2 PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG ) CHANNEL

(a) Time Warner Cable shall provide to the Village at least two (2) Public, Educational, and Governmental (PEG") Access Channels 111 accordance wxth Sectiori 611 of the Cable Act and the standards as set forth in Section 895.4 of' the Rules and Regulations of the State of New ¥ork Public Service Commission (NYPSC"). Suc}i PEG Cliannels may be used for community programming relatcd to public, educational and/or governmental activxties, The Village and any otlxer mumcipalities served by the headend sliall have complete control over the content, scheduling, admmxstrahon and all other programniing aspects of tlie PEG Channels, and may deegate such functtons, or a portton of such functxons, to an appropriate designee. Time Warner Cable slxall not exercise any editorial control over PBC3 Channel programming. Time Warner Cable shall cablecast the acttvated PEG Channels so tliat they may be received by all Time Warner Cable Subscribers in the Village,

(b) To enable the Village to utilize the PEG Channel for live programming, the Village shal selec( one (1) location within the Village s boundaries and Time Warner sha)l provxde and install, withm one hundred exghty (180) days of a written request by tie Village direct fiber hnks, including activation equipment capablc of transmitting video and audio between the video ortgtnahon locatton and the Time Warner Cable System suci that Iive programming can origmate from this selected location and be distributed via the Cable System to Subscribers m the Villagc, This fiber link and equipment shal be collcctively known as the Return Line," Tlie Village shall be responsible for payment for the constmction and mstallation of the Return Line, wJiich shall be at Time Warner Cable's cost for time and materials, Time Warner Cable shall provide t}ie Village with a cost estimate prior to cormnencing construction and iristallation of the Return Lme.

(c) The Village and Time Warner Cable further agree that all costs incurred by Time Warner Cable for suppotting such PEO Channe n'iay be designated as <'costs of franchise reqriirements" or "extemal costs" as defined by the FCC and Time Warner Cable reserves its right to pass these costs through to the Subscribers ptirsuant to federal law.

(d) Time Wamcr Cable shall be responsible for maintaining the Return Line to the video otigmation potnt of the PEG Channel so long as the Village provides Time Warner Cable wxth access to such location and access to the PEG Channel equipment within such location.

20 (e) The Village or its designee shall be responsible for providing any necessary production or playback equipment and shall be responsible for securmg and supervxsing any trained/qualified personnel who conduct the operation of tlie PEG cliannels. The Village and Time Warner Cable agree to work cooperativeJy in implementing the PEG channels through such ineans and in such manner as shall be mutually satisfactory,

SECTION 8 .lpNFORCEMEN%, 7NSURANCE AND INDEMINJFICATION

8.1 WOLATIONS AND OPPORTUNITY TO CURE

(a) If the Village has reason to believe t}iat Time Warner Cable violated any provision of thts Agreement, xt shal nottfy Time Warner Cable in wrxting of the nature of sucli violation and the sechon(s) of thts Agreement that tt believes has been vtolated and the details relating thereto, If the Village does not notify Time Warner Cable of any v}olation of this Agreement, it shall not operate as a waxver of any rtghts of the Village hereunder or pursuant to applicable law.

(b) Time Warner Cable shall have tliitty (30) days to cure such violation after written notice is received by takmg appropriate steps to comply with the terms of this Agreement, If the nature of thc violation ts such that it cannot be fully cured wittun thirty (30) days, the period of time tn wJiich Time Warner CabIe must cure the yiolation shall be extended by the Village in writing for such additional time necessary to complete the cure, provided tliat Time Watner Cable shall have promptly commenced lo cure and is dilxgently pursuing its efforts to cure in the reasonable judgment of the Village.

(c) If the violation has not been cured within tlie time allowed under Section 8.(b) and, in the Vilage's judgment, Time Warner Cable has not taken reasonable steps to cure the violation, then the Village may deem that Time Waiper is liable for liquidated damages and/or any other right or remedy and the Village's costs in accordance with Section 8.2.

8,2 LIQUIDATED DAMAGES

(a) Because Time Warner Cabe's failure to comply willi provisions of this Agreement will result m tn)ury to the Village and because it will be difficult to tneasure the extent of' such tn)ury, the Village may assess liquidated damages against Titne Warner m the following amounts

Such damages shall not be a substitute for specific performance by Time Warner or legal action by the Village, but shall be in addition to sucli specific performance or legal action,

(b) 'l'he first day for which liquidated damages may be assessed, if there lias been no cure after the end of the applxcabe cure pertod, shall be the day after the end of the applicable cure period, including any extensxon of tbe curc perxod granted by the Village, Liquidated damages may not be assessed for a time period exceeding one hundred and twenty (120) days per violatton. The Village may commence revocatton proceeduxgs and/or imtiate an action m law or

21 equity in a couit of competent jurisdiction before, during, or after the assessment of Iiquidated damages.

(c) The Village may assess liquidated damages against Time Warner Cable in the following amounts providcd Time Wamer Cable has had an opportumty to cure m accordance with Section 8.1 (b).

(l) For failure to comply with the technical requirements specified in Section 3, l:$250 per day for each day the violation continues;

(2) For failure to provide and maintaiii Cable Service as specified in Section 3,2(a) : $250 per day for each day the violation continues;

(3) For failure to make repairs and restorations as specified in Section 3.9: $250 per day for each day the violation continues;

(4) For failure to submit reports ixi a timely fashion as specified in Section 5,8: $250 per day for each day the vtoatton contmues;

(5) For failure to provide information and reated documentation in connection wtth ariy franchise fee audtt/review as specified in Section 6.4: $250 per day for each day the violation continues;

(6) For failure to provide services to community facilities as specified in Section 7,J and Bxhibit B to tlie Agreement: $250 per day f'or each day tlie violation continueS;

(7) For f'ailure to comply with tlie requirements of the Public, Educational, and Governmental CJiannel as specified m Section 7.2: $250 per day for each day the violation continues;

(8) For failure to carry all t}ie insurance required in Section 8,4: $250 per day for each day t}ie violation contmues.

8,3 REVOCATIQN

(a) In addition to the other rights, powers and remedies retained by the Vil}age under this Agreement, tlie Village reserves tlie separate and distinct riglit to revoke this Franchxse if)

(l )It is demonstrated tliat Tin'ie Warner Cable practiced any fraud or deceit upon the Village in the operation of its Cable System or any otlier activities pursuant to this Agreement;

(2) Time Warner Cable repeatedly fails, after notice aitd opportunity to cure, to maintam signal quality pursuant to the standards provided for by the FCC or the technical rcquirements set forth in Section 3 ,1; (3) Time Warner Cable repeatedly violates, afier notice and opportunity to cure, one or more of tlie material terms or conditions of this Agreement;

(4) Upon the appointrnent of a receiver or trustee to take over and conduct the business of Time Warner Cable wliether m a receivership, reorgamzation, bankruptcy or other action or proceeding, unless:

(i) The receiversliip or trusteeship is vacated within one hundred twenty (120) days of appointment; or

(ii) The receivers or trustees have, within one Jmndred twenty (120) days af'ter tlieir efection or appointment, fully complied witli all the terms and provisions of this Agreement and have remedied all defaults inder thxs Agreement. Additionally, the receivers or trustees shall have executed an agreement duly approved by the court having jurisdiction, by which the receivers or trustees assume and agree to be bound by each and every term, provision and limitation of this Agreement,

(b) The foregoing sliall not constitute a yiolation of a material term or condition if the violation occurs without the fault of Time Wariier Cable or occurs as a result of circumstances beyond its control or by reason of Force Majeure as defined in Section 9.1, Time Warner Cable sliall not be excused from the performance of any of its obligations under this Franchise by mere economtc hardship or by the misfeasance or malfeasance of its directors, officers or employees,

(C) A revocation shail be dcclared only by a written decision of the Village Board of Trustees affer an appropriate public hearing that sliall afford Timc Warner Cable due process and full opportumty to be heard. Tliis sliall mclude tlie ability to introduce evidence, to question witnesses and to respond to any xiotice of grounds to terminate in accordance with the standards of a fatr hearing applicable to administrative hearings in the State of New York, All notice requirements shall be met by providing Time Watner Cable at least thirty (30) days prior written notice (via certified mail-return recetpt requested) of any public ltearixig concermng thc proposed revocation of this franchise. Such notice shall state the grounds for revocation, The Village, after a public Jiearmg and upon finding the existence of grounds for revocahon, may either declare thts franchise termtnated or excuse such grounds upon a showing by Time Warner Cable of mitigating circumstances or good cause for the existence of such grounds, The Village shall issue such declaration and finding withm thirty (30) days in a written decision which sliall be sent vxa certified or ovcrmght mail to Tinie Warner Cable,

8,4 INSURANCE

(a) Time Warner Cable shall obtain and maintain, in full force and effect, at its sole cost and expense, during the Franchise term, thc following minimum insurance coverage with axi tnsurance con'ipany that ts authorized to conduct bisiness m New York mid which has an A.M, Best rahng (or equvalent) no less thaii A-minus VII, iiidemnifying the Village from and against any and all clauns for ixi)ury or damage to persons or propeity, both rcal and personal, caused by

23 the construction, installation, reconstruction, operation, maintenance or removal of tlie Cable System by Time Warner Cable or any of its contractors, subcontractors, agents or employees in tlie followmg amounts:

(1 ) Tlie amount of sucli insurance against liabiJity for damage to property shall be no less than One Million Dollars ($ 1,000,000) as to any one (1 ) occurrence,

(2) The amount of sucli insurance against liability for injury or death to any person shall be no less than One MilJion Dollars ($ 1,000,000),

(3) The amount of such insurance for excess liability shall be Three Millton Dollms ($3,000,000) in umbrella form.

(4) The amount of such insurance against all claims arising out of the operation of motor vehicles and general tort or contract liabi)ity shall be One Million Dollars ($i,ooo,ooo).

(b) The Vmage, its officials and employees, shall be designated as additional insureds under eacli of the insurance policies required in this Section 8.4.

(c) Time Warner Cable shall not cancel any required insurance policy without obtaining alternahve msurance tn conformance with ttus Section 8.4 and without submitting insurance certificates to the Village verirying that Time Warner Cabte has obtamcd such altemative msurance. Time Warner Cable shall provide the Viilage with at least thirty (30) days prior written notice in tlie event there is an adverse material change m coverage or the policies are cancelled or not renewed.

(d) Time Warner Cable sl'iall deliver to the Village Certificates of msurance showing evidence of tlie required coverage withm t)iiity (30) days of the Effective Date of thc Agreement, upon request by the Village,

8.5 INDQNIFICATION,

Time Warner Cable shall indemnify, defend, save and liold harmless the Village, its elected and appointed officials, officers, agents and employees acting in their official capacities, from clamis for m)ury, loss, liability, cost or expense arising in whole or xn part from caused by or connected wtth any act or ormsszon of Time Warner Cable, its officers, agents, contractors, subcontractors or employees, arising out of, but not limited to, the constructioxi, installation, upgrade, reconstructtori, operahon, mamtenance or removal of the Cable System or any other equipment or facilities of Time Warner Cable. The Village sha]l gtve Time Warner Cable timely written notxce of its obligation to indemnify and defend the Village. The obligation to obligation to pay judgments, injurics, liabilitics, damages, penaltics, and reasonable attorneys fees. If the Village determmes that it ts necessary for it to employ separate counseJ, in addition to that provided by Titne Warner Cable, the cost for such separate counse) shall be the

24 responsibility of the Village. Time Wamer Cable sl'iall not indenmify the Village for any claims to the extent resulting from acts of willful misconduct or negligence on the part of the Village,

25 SECTION 9 MISCELLANEOUS

9.1 FORCE MAJEURE

If for any reason of Force Majeure, Time Warner Cable is unable in whole or in part to carry out xts obligations hereunder, Time Warner Cable shall not be deemed m violation of this Agreeinent durmg the continuance of such inability, 9.2 REMOVAL OF SYSTEM

(a) Upon lawful termination or revocation of tltis Agreemerit, Time Warner Cable shall remove its supporhng structures, po)es, transmissions and distribuhon systems and other appurtenances from the streets, ways, lanes, alleys, parkways, bridges, htghways, and other public and private places in, over, under, or along which they are mslalled and shall restore the areas to their original condihon. If such removal is not completed within six (6) months of such lawful termination or revocation, the Vilage or property owner may deem any property not rernoved as having been abandoned and the Village may remove xt at Time Warner Cable's cost.

(b) During the term of tlie Agreement, if Time Warner Cable decides to abandon or no longer use all or part of its Cable System, it sliall give the Village written ixotice of its intent at least nmety (90) days prior to the announcement of such decxsioxi, which notice sltall describe the property and its locahon, The Village shall have the riglit to either require Time Warner Cable to remove the propeity, remove the property itselr and charge Time Wamer Cable with the costs related thereto, or transfer ownership of the property to the Village"s designee provided fair market value is paxd to Time Warner Cable,

(c) Notwithstanding the above, Time Warm,r Cable sliall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or axiy porhon tliereof as a result of revocation, denial of renewal, or any otlier lawful action to forbid or disallow Time Warner Cable from providing Cable Services, if the Cable System is actively being used to facilitate any other services not governed by tlie Cable Act.

(d) If Time Wainer Cable abandons its Cable System during the Franchise temt, or fails to operate its Cable System in accordance with its duty to provxde contmuous service, the Village, at its option, may either: 0) designate another entity to operate the Cable System temporarily until Time Warner Cable restores servxce under condihons conststent wtth this Franchise, or until the Francl'iise is revoked aiid a new franchisee is selected by the Village; or (2) obtain an injtmction requiring Time Warner Cable to continue opera(ions. If the Village designates another entity to operate tlie Cable System, Time Warner Cable shall retmburse the Village or its designee for all reasonable costs, expenses and damages incurred due to Time Warner CabJe's abandonment of the System. TJie Village shall be entitled to exerctse options (1 ) and (2) above if:

26 (1) Time Warner Cable fails to provide Cable Service in accordance with this Francliise over a substantial portion of the Francliise Area for seven (7) consecutive days, unless the Village authorizes a longer interruption of service; or

(2) Time Warner Cable, for any period, willMly, and without cause, refuses to proyide Cable Service in accordance with this Franchise.

9.3 NOTICES

Every notice ot pa)iment to be served upon or made to tlie Village shall be sent to: Village of St. Johnsville 16 Wasliington Street St, Jomsville, NY 13452 Attentioii: Mayor

with a copy to: Cohen Law Group 413 Soitli Main Street - Third Floor Pittsburgh, PA 15215 Attention: Office Manager The Village may specify any change of address in writing to Time Warner Cable, Every notice to be served upon Time Warner Cable sliall be sent to : Chaiter Communications Govermnent Affairs 120 Plaza Drive Vestal, NY 13850

With copies to:

Cliaiter Conununications Attn: Vice President, Goveriu'nent Affairs 12405 Powerscourt Drive St. Loriis, MO 63131

Time Warner Cable may specify any changes of address in writing to tlie Village. Each delivery to Time Warner Cable or tlie Village shall be required to be eqiivalent to direct personal nolice, direction or order, and sliall be deemed to liave been given at the time of receipt. 9.4 $QUAL, EMPLOYMENT OPPORTUNIT¥ Time Wamer Cable is an eqrial opportunity employer and shall comply witl'i all applicable federal and state laws and regulations regarding equal oppoitinity emplo)iinent,

27 Additionally, Time Warner Cable shall not refuse to hire or employ, nor bar or discharge from employment, nor discriminate against any person in compensation or m terms, conditions or privile@es of employment because of age, race, creed, color, national origm or sex.

9,5 CAPTIONS

The captions for sections tliroughout lhis Agreement are intended solely to facilitate reading and reference to the sections and provisxons of this Agreement, Such captions shall not affect the meanmg or mterpretation of this Agreement.

9.6 GOVERNI,NG LAW; VENUF,

This Agreement shall be governed aixd construed by and in accordance with the laws of the State of New York, If suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested exclusively 111 the state couits of New York, County of Montgomery, or in the United States District Court for the Nortliern Dxstrict of New York.

9.7 DISPUTE RESOLUTION

(a) Arbitration

(1) Any dispute between the paities hereto, including tut riot Iimited to, disputes or controversies arismg from or related to interpretation of this Agreement, may be arbitrated provided that both paities consent m writing to the arbitration. Such arbitration shall be final and binding, and the paities shall have no right to appeal from the arbitrator's decisiori, 'rhe Process for resolvmg disputes regarding fraiicliise fee audits or reviews shall be in accordance witli Section 6,4 above.

(2) The Village may initiate arbitration by resohition of its Village Board of 'r'rustees, while Titne Warner Cable may imtiate arbitrahon by sending written notice to the Village,

(3) After arbitratioxi 2ias been initiated, the Village and Time Warner Cable may agree tltat one aibitrator may conduct the arbitration and may mutually select such arbitrator.

(4) If either the Village or Time Warner Cable does not consent to liaving one arbitrator conduct the arbxtration or if tlie parhes cannot agree upon the identity of such arbitrator, the arbtration sliall be conducted by three arbitrators, wbo shall be selected as follows:

(i) If the Village initiates arbitration, the Village shall select one arbitrator and Time Warner Cablc by written nolice shall select oiie arbitrator within fifteen (15) days after receiving notice of the Village's selected arbitrator. If Time Warner Cablc mitiates arbitration, it shall select one arbitrator, and the Village s}iall select

28 one arbitrator within fifieen (15) days after receiving notice of the Time Warner Cable's selected arbitrator.

(ii) The two selected arbitrators shall select a third arbitrator within fifteen (15) days atter tlie appointment of thc sccond arbitrator. If the two arbitrators are unable to agree upon a tlmd arbitrator within the time limit, the tliird arbitrator shall be appointed by the presiding Cml judge of the Montgomery County Court or New York,

(5) After selection of the arbitrator(s), the arbitrator(s) shall take an oath to serve neutrally and impaitially. The arbitrator(s) shall then schedufe a date, timc and place [or the arbitratxon hearing, li'ie hearmg shall occur not less than one hundred twenty (120) days after the appointinent of the arbitrator (or the third arbitrator, if three arbitrators are used), unless extended by mutual agreement of the Village and Time Warner Cable. The arbitrator(s) shall make a written repoit to the Village and 'rime Warner Cable on the fina determination withm fhirty (30) days after completion of the hearing, If the arbitration is conducted by three arbitrators, the determination of a ma)ority of the arbitrators s}ialJ constitute a final, binding arbitratxon determination, The arbxtration shall be conducted according to the Uniform Arbitration Act.

(6) The Village and Time Warner Cable shall share equally and separately the fees and costs of the arbitrator(s),

(b)

Tlie Village and Time Warner Cable agree that, slioild miy dispute arise between the parties concerning any aspect of this Agreement wJffcli is not resolved by mutual agreement of the parties, the dispute may be submitted to mediated negotiation prior to any party commencmg arbitration or litigation, The process for resolving disputes regarding franchise fee audits or reviews shall be in accordaiice witli Section 6,4 above, In such event, the Village and Time Warner Cable may agree to partxctpate m good faith in a non-bxnding mediation process, The mediator shall be selected by mutual agreement of the parties, In the absence of such mutual agreemeyit, each party shall select a temporary mediator, and those mediators shall jointly select a permanent mediator. Jf the Village axid Time Warner Cable are unable to successfulJy conclude tlie mediation within sixty (60) days from the date of the selechon of tlie mediator, either party may termmate fuither medxation by sending written notice to the other party, After written termination notice has been received by the other party, either party may request arbitration, as set foith in Sectioii 9.7(a), or may pursue any other availabJe legal remedtes, All costs associated witi mediation shall be borxie, equally and separatcly, by tJie parhes.

9.8 TRANSF$8, ASSIGN#NT OR CHANGE IN CONTROL

(a) Neither Time Warner Cable nor its parent nor any Affiliated Entity shall transfer or assign, through its own actxon or by operatton of law, xts rtgl'tt, title or tnterest m the Cable

29 System or in tliis Agreement withoit the prior written consent of the Village, provided that such consent shall not be unreasonably withheld,

(b) Neither Time Warner Cable nor its parent nor any Affiliated Entity shall change, transfer or assxgn, through its own actioxi or by operation of law, its control of the Cable System or of this Agreement wit}iout the prior written consent of the Village, provided that such consent shall not be unreasonably wxthheld.

(c) Neither Timc Warner nor its parent rior any Affiliatcd Entity shall sell, convey, transfer, exchange or release more than fifty percent (50%) of its equitable ownership m the Cable System wtthout the prtor wntten consent of the Vilage, provtded that such consent shall not be unreasonabJy withheld. (d) No such consent shall be required for (i) a transfer in trust, by mortgage, hypotbecation, or by assignment to a financial instxtutxon of any riBhts, title or interest of Time Warner Cable m tl'ie Franchise or m the Cable System m order to secure indebtedness; or (ii) a transfer to an entity owned and/or controlled by Time Warner Cable.

(c) Time Warner Cable shall make written application to the Village of any transfer, change in control or assignment as described above and s}iall provide all mformation required by FCC Form 394 and any other applicable federal, state, and local statutes and regulations regarding transfer or assignment, The Village inay request additional informatxon it needs to make an informed dectsion on the transfer or assignment as provided in FCC regulations. "rhe Village sliall have such tune as provided in FCC regulations to take action on the transfer or aSSlgnnlentl

(f) Any consent by the Village for any transfer or assignment described above shall riot be effective until the proposed transferee or assignee shall have executed a legally binding document statmg that it shall be bound by all the terms and conditions contained in this Agreement,

(g) The Village herein consents to a transfer of controJ to Chaiter Communications, IIC, pursuant (o an agreement of May 23, 20I5 among Time Warner Cable Inc., Charter Comnmmcahons, Inc. and other parties.

9.9 ENTIRE AGREEMENT

Tlii's written i'nstriment contai'ns the enti're agreement between the paitx'esi supersedes all prior agreements or proposals whether written or oral except as specifically incorporated herem, and cannot be changed wxthout written amendmcnt approved by botli t}ie Village and Time Wainer Cable, This Agreemei'it supersedes all prior cable franchise agreements or cable ordinances, or paits of cable franchise agreements or cable ordinances, that are in conflict with the provisions licretn, This Agreement may be aniended only by the mutual consent of tie Village and Time Warner Cable and in accordance with the regulations of the NYPSC. Any amendinent nmst be in writing and executed by the Village and Time Warner Cable,

30 9.10 ,SEYU!B!3!"]['Y

Jf any section, provision or clause of this Agreement is held by a couil of competent jurisdiction to be illegal, invalid or unenforceable, or ts pre-empted by federal or state aws or regulations, such sectton, provisxon or clause shall be deemcd to be severable from the remaimng portions of thxs Agreemcnt and shall not affect the legality, vaidity or enforceability of the remaimng porhons of ttus Agreement.

9.11 p§NG8QF!!A,W

In the event there is a change in a federal or state statule or regulation applicable to the Cable System or to tliis Agreement, the Village or Time Warncr Cab[e may notify the other party of its desire to amend this Agreement in order to comply with the change in statute or regulation. The Village and Time Warner Cab!e may amend this Agreement to comply with such change in statute or regutation provided such arnendment is approved by the Village and Time Wmner CabJe and by tlie NYPSC,

9.12 COMPLIANCE WITH LAWS

Time Warner Cable shall comply with all federal, state and, to the extent not inconsistent with the terms of this franchise, local Iaws and regulations.

9.13 ,APP]ROV45,QF,T]08NEWfYORKSTATEPUBLIC;',SERV][GuCOMMISSION

All tertns and conditions contained herein are subject to the approval of the New York State Public Service Commission,

9.14 FIL!NG OF F!RANCHISE WITH COMMISSION:

Time Warner Cable shall file this Agreement and other requisite information with the New York State Public Service Commission requesting operating authorizatton withm sixty (60) days of the Village's passage of this Franc}iise,

9.15 THIBD-PARTYBENEFICIARIES",

Nothing in this Agreement is or was intended to confer third-party berzeficiary status 011 any person other than the parttes to this Agreetnent to enf'orce the terms of this Agreemem. 9.16 APPLICABILffYOFAGREEMENT

All of the pt'ovisions in this Agreement shall bind Tirne Wainer Cable, the Village and their respective successors and assigns, This Agreement is autliorized by Ordinance No, dated , 2016 of tlie Village Board of Trustees,

31 SIGNATURE PAGE TO FOLLOW

WITNESS our hands and official seals to this Cable Franchise Agreement,

VILLAGE OF ST. JOHNSViLLB

B)/: Name: '(- .er,-vn-c M -( Era .J" /7 ewS. Title:

Date:

TIME WARNER CABLE NORTHEA8T, LLC

Title:

Date:

32 STATE OF NEW YORK Village of St. Johnsville County of Moxitgomery

In the Matter of the Granting of a Cable Television Franchise Held by Time Warner Cable Northeast LLC in the Village of St. Johnsvjlle, County of Montgomery, New York QSOI;QTIO?S0

An application has been duly made to the Board of Trustees of the Village of St. Johnsville,

County of Montgomery, New York, by Time Warner Cable Northeast LLC ("Time

Warner Cable"), d/b/a Time Warner Cable, a limited liability company organized and

existing in good standing under the laws of State of Delaware doing business at 120 Plaza Drive,

Suite D, Vestal, New York 13850 for the approval of a renewal agreernent for Time Wamer

Cable's cable television franchise for ten (10) years commencing with the date of approva? by the Public Service Commission, The Franchise Renewal Agreement would bring the franchise into

conforrnity with certain provisions of the Federal Cable Communicatxons Policy Act of 1984, as

atnended, and certain court rulings,

A public hearing WaS held in the Village of St, Johnsville, New York On . <;' -/9 at (5 P.M, and notice of the }iearing was published in the /,B(,q %,g,@@ on

NOW, THF,REFORE, the Board of Trustees of the Village of St. Johnsville finds that:

1. Time Warner Cable has substmitially complied with the material terms and conditions of its existing franchise and with appIicable law; and

1 Time Wamer Cable has the financial, legal and technical ability to provide these services, facilities and equipment as set forth in its proposal attached; and

Time Wainer Cable can reasonably meet the future cable-related cornrnunity needs and intetests, taking into account the cost of meeting such needs and interests,

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of St, Johnsville

hereby grants the cable television franchise to Time Warner Cable in the Village of St, Jomsville for ten (10) years commencing with the date of approval by tlie Public Service Commission and

expiring ten (10) years hence.

BE IT FURTHER RESOLVED that the Board of the .Village of St, Johnsville hereby confirrns

acceptance of this Franchise Renewal Agreement,

Tlie foregoing having received a l vote was thereby declared adopted,

Dated: [7-/9 -/,/ EXHIBJT A CUSTOMER SERVICE STANDARDS

DBFINITIONS

(a) Basic channel shall mean any channel whicb is provided as part of the basic service iier.

(b) Biiling dispute shall mean a disagreernent between a subscriber and a cable television COmpan)' COnCelnlng:

(l ) credits for payments made by tlie subscriber to the cable television company;

(2) credit or refund for service outage;

(3) errors in billing ainount; or

(4) assessment of late charges.

(c) Home wiring shall mean the internal wiring contained within premises of a subscriber which does not include any actxve elements such as amplifiers, conveiters or decoder boxes or remote control units,

(d) Colection cliarge shall mean a fee or cliarge imposed upon a subscriber by a cable televiston company for xts effoits at collecting or attemptmg to collect a past due account by personal visit at a subscriber's home or place of business,

(e) Commission shall mean tlie New York State Public Service Commission,

(f) Downgrade charge shall mean a charge imposed upon a subscriber for implementing a request by the subscriber for a change in semce to a Iess expensive tier tlian the tier currently subscribed to.

(g) Late charge shall mean a charge which is added to a cabJe television subscriber's account or bill for nonpayment of a previously due account.

(h) Local office shalI mean the business office of tlie cable television company serving the mumcxpality in whicli a bilhng dispute arises,

(i) Normal business hours shall mean those horirs during which most siinilar businesses m the communtty are olien to serve customers, Jn all cases, normal business hours must include some evenmg Jiours at least one night per week and/or some weekend hours.

(j) Normal operating conditions shall mean those service conditioi'is which are witliin the control of a cable company. Tliose conditions which are not withiri the control of a cable company include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily withm the control of a cable company include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, channel and/or service alterations, and mauitenance or upgrade of the cable system.

(k) Service call shall mean any work at a subscriber's premises which requires the presence of a cable television company representative and the subscriber, including but not limited to, installations, and reconnections,

(l) Service interruption shall mean the loss of picture or sound of one or more cable cliannels.

channels provided on any other service tier or 022 oxie or more premium channels occurring during normal operatmg corxditions which is not caused by the subscriber's television receiver or the subscriber.

(n) Smal) cable television system shall mean any cable television system with fewer tlian 1,000 subscribers.

(o) Subscriber complaint shall meaii a notice to lhe commission from a cable television subscriber, wliether iti writmg, by teleplione or electronic mail, concernmg an mresolved billing servxce or other service related matter affecting the complaimng subscriber directly.

2. SUBSCRIBER COMPLAINT PROCEDURES TO TIME WARNER CABLE Time Warner shall establish clear written procedures for resolving all Subscriber Complaints, which shal include at least the following:

(a) Time Warner shall provide the Subscriber with a written response to a written Complarnt wxtlun thuty (30) days of tts recetpt at the local business office. Sucli response shall mcludc tlxe results of ils xnquiy mto tlie sub3ect matter of the Complaint, its conclusions based on the inquiry, and its decision in response to the Complaint,

(b) lf the Villa@e is contacted directty about a Subscriber Complaint, it shall notify Time Warner promptly and m wxtmg, When Time Warner receives such notification, the time period for Time Wamer to respond as requtred by Secttoxi 2(a) shall commence. If the ViIlage notifies Time Warner m wrttmg, then Time Warner shall respond tn wrxtmg wtthm the ttme period speci'fied in Section 2(a).

(c) Any Subscriber who, in good faith, disputes all or pait of any bill sent by Time Warner has tlie option of witl'iholding tl+e dssputed amount, without a Iate fee or disconnection, until Time Warner has mvestigated the dispute m good faith and has made a determtnatiori that the amount is owed provtded that:

34 fasht'on and(1,ln)cTluhdeeSSu1dbesnctrl.ifbyelrngprlonvfOidremsaatllownritten Complaint to Time Warner in a timely

(2) The Subscriber pays all undisputed charges; and

(3) Tlie Subscriber cooperates in deteimining the appropriateness of the charges in dispute.

(d) T'ime Warner shall maintain Subscriber Complaint records for inspection by the affected Subscrtber, wbich shall contam tlxe date each Complatnt is recetved, the name and address of tlie affected Subscriber, a description of the Complaint, the date of resolution of the Complaint, and a description of the resoluhon,

3. TIME WARNER CABLE HOME SERVICE CALLS Time Warner Cable shall reqiire that any employee or agent, including any subcontractor, wlio persoxially visits any residential dwellmg, shall display a photo tdentificatton badge. Any veliicle used for installation, operatxon or maintenance activxhes by any Time Wamer Cable employee, agent, or cable corxtractor, including any subcontractor, shall prominently display the Time Warner Cabe or cable contractor logo.

4. BILLING PRACTICES; BILLING PERIOD

(a) (l) Every cable television company shall adopt billing practices in compliance with scctions 1 and 4 through 8 of tliis Exhibit A and shall provxde notice to subscribers m accordance with section 10(e) of this Exhibit A.

(2) Every cable television company:

(i) shall file copies of its billing practices aiid payment requirements with tlie commission; and (ii) sliall maintatn copies thereof on file in its local office for public inspection for a period of two years,

(b) Biling practices may include the opportunity for advance billing.

(c) Billing practices shall provide tliat a subscriber, upon request, shall be given the option of paytng monthly. Use of coupon books for the remittarice of monthly payments shall satisfy the monthly payment option request, If such coupon books are used by a cable television company, no other bills for service are required to be sent to subscribers,

35 BILL FORMAT, LATE CHARG'ES, COLLECTION CHARGES, RECONNECT CHARGES, AND DOWNGRADE CHARGES

(a) Each subscriber bill shall be clear, concise and understandable and shall:

(l) (i) include the name, address and te}ephone number of the cable television compariy; and

(ii) tlie toll free subscriber assistance telephone number of the commission xdentified as Unresolved Inquiries, NYS Public Service Commission" or otlierwise as may be approved by the commission upon specific request by a cable company;

(2) itemize each category of service including, but not limited to, basic service, cable programming services, per channel premmm services, and pay-per- view programmmg, and each pxece of equipment for which a charge is imposed;

(3) state the billing period and clearly delineate all activity during the billing period, including but not hmited to, the amount of current billing and approprxate credits or reba(es, opttonal charges, late charges and past due balances, xf any,

(b) Each subscriber bill shall specify a mininmm time for payment which shall not be less than 15 days from mailing of the bill.

(c) Any late charge permitted by law or by the francliise, if imposed upon the subscriber, shall be itetmzed on the subscriber's bill, or riotice of delinquent payment m cases where coupon books are ised,

(d) If a late cbarge is to be imposed, it sha)l not be imposed sooner than 45 days after the mailing of the bill to the subscriber or the due date, if coupons are ised,

except as prescribed in Section 8(e) of this Exhtbit A.

(f) No cable television company sliall impose a charge for the reconnection of service, the amount of which is based solely upon a consideration of whether the subscriber was previously in arrcars for an amount due said company.

(g) A cable television company may impose a downgrade charge upon the conditions and III the circumstances as follows:

(1) subscribers }iave been notified of such charge in witing in at least 10 point type;

36 (2) the charge does not exceed the amoum permitted under applicable State or Federal law or regulation; and

(3) the downgrade was not reqtiested by a subscriber affected by a significant programmmg change or a network change which included a retiermg of service or a rate change within 30 days of the receipt by the subscriber oF.

(4) a notice reqiired by Section 10(b)(4) and (c)(4) of this Exhibit A; or

(5) a noticc of retiering or rate change as required by Section 10(a) of this Exhibit A.

6. BILLING DISPUTES, AUXILIARY EQUIPMENT, CRIi,DITS, AND REFUNDS (a)Every cable television company shall establtsh procedures for the prompt mvestigation of any billing dispute, The procedures s}iall provide for a period of at least 30 days from the date of recetpt of the bxll for the subscriber to file a txmely complaint. The procedures shall provide that the subscriber renut tlie undisputed portion of tlie bill in question pending resolutioit of tlie portion m dispute and that tie subscriber shall be responsible for paying the undisputed porhon of current and future bilfs,

(b) Cable television service shall not be discontinued due solely to nonpayment of the portion m dispute during the period allowed lierein for investigation of a billmg dispute.

(c) ff the billing dispute is not resolved within 30 days of the date it is received by the company, the subscriber may refer the matter to the commission m accordance with the provxsioxis of Section 9 of this Exhibit A, If rcferral is not made within 30 days, the company may coininence its disconnection procedures ixi accordance with Secboxi 8 of this Exhibit A.

(d) The cable television company shall retain all billing complaint records for at least one year.

(e) When a cable television company supplies auxiiary equipment such as a converter or other modifying device to a subscriber the company can expect reasonable care of such equipment by the subscriber. A cable te)evision company shall notify the subscriber and the comrrnssxon m wrttmg of any charges to subscribers for lost, stolen or damaged converters. In the event such equpment is lost, stolen or damaged, and the cable television company seeks to charge the subscriber for such equipinent, t}ie company sliall gxve writterx, dated notice to the subscriber of the amount sought to be collccted from the subscriber and the subscriber's opportumty to refer the matter to the commission m accordance with the provisions of Section 9 of tlus Exiibit A.

(f) Refund checks will be issued promptly but no later than:

(I) the subscriber's next billing cycle following a determination that a refund

37 is wananted or 30 days after such determination, whichever is earlier; or

(2) the subscriber's next billiiig cycle affer the return of equipment supplicd by lhe cable company if service is terminated or 30 days atter the return of the equipment, whxchever is earlier,

(g) Credits for service will be issued not later thaii the subscriber's next billing cycle following a deteitmnation that a credit is warranted,

7. CREDIT FOR SERVICE OUTAGE

(a) Every cable television company sha)l provide credit to subscribers affected by any servtce outage yn excess of four conhnuous hours in accordance with subdivisions (b) and (c) of this sectton. The four-hour period shall commence at lhe time the cable television company first becomes aware of the servxce outage,

(b) Wlienever a cable television company may reasonably determine the existence and scope of a semce outage as, for exainple, a service outage caused by a ma)or failure in the system s headend or distribution electromc equipment, which service outage exceeds four continuous iours and some part of which occurs durmg the hours 6:00 p.m. to 12:00 a,m,, the cable television cornpany shall automatically credxt the account of each affected subscriber,

(c) In the event a cable television company caiinot determine all subscribers affected by a service outage in excess of four continuous Jiours or no part of such outage occurs during the hours or 6:00 p.m. to 12:00 a,m,, credit shall be given to any eligible subscriber who makes appltcation therefor by either written or oral notice withm 90 days of such service outage,

(d) The minitnum credit for a service outage shall be equal to one thirtieth times the applicable monthly charge for eaclx 24-hour period during which a service outage continues for at least four hours.

(e) A cabe television company shall be responsible for every service outage except for mterruption of programmmg to proyide, emergency mforrnation to the public usmg the Emergency Aleit System as defined in section 896.5 of the NYSPSC's, C}iapter 8, Cable Television,

8, DISCONTINUANCE OF SERVICE FOR NONPAYMENT

(a) A cable television subscriber shall not be considered delinquent in payment until at least 45 days have elapsed from the mailitig of the bill to the subscriber or from the due date, if coupons are used, and payment lias not been received by t}ie cable television company,

(b) No cab)e television company sliall physically or electronically discontinue service for nonpayment of bills rendered for service until: (1) the subscriber is dclinquent in payment for cable teevision service; aitd

38 (2) at least five days have eapsed after a separate written notice of impending discontmumice lias been served personally upon a subscriber; or

(3) at least eiglit days liave elapsed after mailing to the subscriber a separate written notice of impending discontmuance (for whicli postage has been paid by the cable television company), addressed to such person at the premises where the subscriber requests billing; or

(4) at least five days have elapsed affer a subscriber has either signed for or refused a certtfied letter (for whtch postage lias been paid by the cable television company), contammg a separate written notice of impending discontinuance addressed to such person at the prermses where tlie subscriber requests billmg,

(c) Notice of service discontinuance shall clearly state tie arnount in arrears, the total amount required to be paid to avoid discontmuance of servxce, reconnection cliarges, if applicable, and the manner and date by which, and the place where, such payment must be made.

(d) No cable television company shall disconnect service for nonpayment on a Sunday, pubJxc hohday or a day when the local office of the company S not open for bustness without providing an opportumty for the subscriber to a pay the amount iri arrears on such date,

(e) When a cable television company represcntatiye is at a subscriber' s residence or place of business to disconnect servxce and the subscriber, at that time, pays the amount m arrears m

(f) Receipt of a subseqient!y dishoriored negotiable instrument in response to a notice of discontmuance shall not constitute payment, and no cable television company sliall be reqiired to provide additional notice prxor to discontmuance,

9. SUBSCRIBERS' COMPLAINTS TO THF, COMMISSIONi PROCEDURE

(a) A subsct'iber complaint will be processed by tlie commission after the subscriber has first attempted to resolve the partxcular mat€er with the cable television company. The procedure with respect to such complaints shall be as f'ollows:

(1) A copy of tlie complaint togcther witli a written nottce requesttng a statement concermng the rnatter described therem shall be served on the cable television company. Within 10 days, or such other period as may be specified in the noltce, tl'xe cable television company sJiall subrrnt a wntteri response to the comimssion and shall serve a copy of said respoxise on the complainant, The response nmst contain a statement of the action tliat has been taken to resolve the complamt and/or to preclude any recurrence of the matter complained of, If the sub3ect of the complaint is the failure of the company to provide cable television service. to a potential subscriber who has reqiested service, the commission may require the cable television company to providc, in addition to the information required by this

39 paragraph, a map of the fi'ancliised area indicating information requested by the commtssion.

(2) Complaints received by tlie cornmission by telephone shail bs recorded and kept on file. Where the nature of a telephone complamt wanants, the commission may request written xnformatiori from the complamant. In such cases, the commisston slial follow tlie procedure specified in paragraph (]) of this subdivisxon.

(3) Where numerous complaints are made, concerning a patticular cable television company or where it appears that complaints have not been sattsfactoxily resolved by a paiticular company, the commission may make further mquiry of said company, which may be formal or infoxmal, and whicli may include a hearmg or oral argument, or both.

(b) Every cable television company shall adopt and fite with tlie commission, in writing, its procedures for reporting and the resolution of subscriber complatnts, which procedures may be m such form and contam such provisions as the company deems necessary, provided they are not m conflict with any procedures, rules or regulations of the commission, Every cable television company sliall provide notice to subscribers of such procedures in accordance with Section 1 0(f) of this Exhibit A.

(c) (1) The commission may delegate by written notice to any of its officers or employees authority pursuant to this sectxon to mvestigate, hear and resolve subscriber complamts concernmg disputed bills, chaioges, dcposits, service problems and other subscriber-related problcms. Such authority shall mclude the authority to cotiduct mformal hearmgs. Except m the mstance of an appeal by any paity, disposition of unresolved complairits will be determined by sucli officers or employees of the commission as the commission destgnates to act m its place, In exercismg this function, the designated officers or employees may obtain the informatton required to make a determmation by conversation wxth the complairiant or his or lier representative, by telephone or 111 person, supplcmerited where appropriate by written materxals from the complamant, reports or documents from the cable television company (includmg suci data as may be required by the staff at tlie request of the complainant or on its own imtiatxve); through written compaints similarly supplemented; or through a conference conducted by the designated officer or employee at whicli tlie complamant, accompamed and assisted by such fnend, advisor or attorney as he or she desires, and company representattves are present, Officers or ernployees destBnated to consider complaints will afford both the complamant and the cable television company a fair and reasonable opportumty to present evxdence pertment to the complaint and to cha(lenge evidence submitted by the other party to the dispute. The complainant or cable television compaiiy complained of may obtam a written statement of the determmation, including a statement of t}ie brief reason for the conclusion. The paity adversely affected by the determinahon of the officer or employee designated to consider the complamt may appeal to the cornrmssion. Any such appeal shall be m wrttuig filed wxth the commisston within 20 days of receiving notice of the determination and shall set foith the specific basis for claiming error,

(2) After receipt of the response to a complaint, and where the procedures described

40 in paragraph (1) of this subdivision are not applicable or cannot reasonably resolve the issues raised by a complaint, the commission, on its own mitiative, the recotnmendation of staff or the request of the complainant or cable television company, may hold a hearing upon reasonable advance notice to all interested paities. (3) Pending resolution of a compJaint, the commission may requtre appropriate mterrrn relief to either party. In the case of complaints regarding bills or deposits, the commxssion, without liearing or forinal order, may, and in tie absence of unusual circumstances shall, preclude discontinuarice of service or the issuance of any notice of' discontinuance during the commission s investigation of such complaint, upon sucli terms and condittons as it deems appropriate,

10. SUBSCRIBER NOTICES

(a) Rates programrning services and channel positions.

(1) Notice required, Every cable television company shall provide nottce to subscribers of:

(i) prodicts axid services; (ii) prices and options for ptogramming and other services and the conditions of subscription to programmmg and other services; and

(iii) the channel positions of programming carried on the system,

(2) Forrn and content of notice,

(i) Notice shall be provided:

(a) to new subscribers at the time of installation,

(b) to any subscriber who requests a change in service

(c) to all subscribers at lcast semi-annually; provided, however, that any cable television compaiiy that bills subscribers onty by coupon book and does not provide regular mailings to subscribers at least quarterly may provide such notice to subscribers 021 axi annual basis; and

(d) to any person who requests such informatiori.

(ii) Nolice shall be in writing and:

(a) shall be provided imtnediately where a request is made in person; or

41 (b) shall be provided by first class mail sent within 10 business days of the date of any request made by telephone or in Wntlng.

(iii) The notice shall contain a description, inaterially accurate as of the first day of the prevxous month, of all service hers and the networks provided thereon and the rates and charges therefor and other services or products offered to subscribers and the rates and charges for such otlier seryices and products, The notice shall also include a statement of sigmficant rights accorded to the subscribers pursuant to section 224-a of the Public Service Law and the regulations promulgated by tlie commission. Suci statement shall be in a form as approved by the commission, In addition, notice to new subscribers shall include a copy of ariy notice whicfi has been sent to current subscribers pursuant to subdivisions (a) - (c) of this section within the previous 60 days.

(3) Changes.

(i) Every cable telcvision company shall provide notice to subscribers of any changes m rates, programminB services or channel positions as soon as possible through announcement on the cable system and in writing. Notice of any mcrease m the rates for the basic service 5<:r or associated eqmpment must be provided to subscribers at least 30 days in advance, Notice of other such changes must be given to subscribers 30 days in advance if such change is withm the control of the cablc television company, For purposes of this paragraplt annoincement on the cable system shalL mean a written, on-screen message on the affected channel(s), or prograin listing channel, or such other cliannel, as may be used for t}ie dissemmahon of written messages to subscribers,

(ii) If a change in programming services or cliannel positioxis constitutes either a "stgmficant programming change" as defined in subdivision (b) of this section or a "network change" as defined m subdivision (c) of this section, the cable television company shall also provide the notice as described in such subdivision,

(b) Significant programming change.

(l ) Definitions. For purposes of this section:

(i) a significant prograt'nming change shall mean the removal or alteration of recurrmg prograinmmg whicli materially changes thc quality or level of programming on a network; proyided, howeycr, such terms shall not xnclude deletions of programs mandated by the regulations of the Federal Commumcations Cornmission, nor sliall it mclude deletions of programs that are distributed by the cable telcvision company in lieu of such programs deleted pursuant to such regulations of the Federal Communications Commission;

42 (ii) a network shall mean a group of prograrns distributed, packaged, promoted or sold to subscribers as the offermg of a single entity, including but not litmted to, a channel or station; and

(iii) service tier sliall mean a category of cable television services or other services provided by a cable televtsion company and for which a rate or fee is charged by the cable television company, mcluding, but not limited to, basic services, premium networks or services, recurring pay-per-view services and other categories of cable services for which there are additional charges.

(2) Notice required. Every cable television company shall provide notice of a significant programmmg change to the commission and to subscribers affected thereby.

(3) Notice to commission, Notice shall be provided to the comrnission no later than the later occumng of 45 days prsor to the effective date of the change or within five business days of the date upon which the cable television company first knows of such change, The notice shall specify tlie recurring programmmg affected by the change, whether such recumng progrmnmmg was, or will be, distributed as pmt of basic service tier or some other service tier immediately prior to the change and the effective date of the change,

(4) Notice to subscribers. Notice sliall be provided to subscribers who are recemng servxces affected by such change in writing no later than the later occunmg of 30 days prior to the effective date of mich change or within 30 days of the date upon wbich the cable television company :first knows of such change and by written on-screen visual rnessage promineiitly displayed on t}ie affected television program channel or channels, and on the prograni listing cliannel of the cable tetevision system, if one is provided, at least once eacli hour for no less t]ian a 30-day petiod.

(5) Forrn and content of notice to subscribers. Notice s}iall be directed to each affected subscriber as follows:

(i) by the mailing of a separate written notice to the subscriber's billing address of record; or

statement; or

(iii) by a written notice accompanying the subscriber's regular billing statement. Such notice sliall specify tlie recurring programmmg affected by tlie change and tlie effective date of the change. Such notice shall also mform subscribers of the oppoitunity to downgrade or termmate service within 30 days of tl'ie receipt of the notice without charge for such termmation or downgrade if the programmmg change includes a rehermg of service or a rate increase.

43 (c) Network change.

(l ) Definitions, For purposes of this subdiviston:

(i) a nctwork change shall mean the removal of a network from a service tier whether or not added to anotlier tier or a substantial alteration of the character of a network by a cable television company or an affiliate it controls except that a network change sliall not mclude the removal of a network from a service ticr withtn 31 days of the date upon whicli sucly network was added to such service tier for promotioxial purposes, where such promotion was clearly disclosed to subscribers;

(ii) the character of a network shall be determixied by reference to the nature, tntx and quanhty of programrrung provided on tlie network and whether such programming is supported by commercial sponsorship or other means, The character of a rietwork whicli contams a umforin programming format, e,gi, an all- sliopping channel, an all-weather channel, an all-sports channel, etc., shall be considered distmct from the character of a network which includes various categories of programming. The ciaracter of a network shall also include consideration of whether a network provides programmmg 24 hours per day or some lesser period of time; and (iii) promotes repeatedly and in a sigmficant manner shall mean a promotion of the availability of a paiticular network on basic cable service which is designed to encourage the public to subscribe to basic cable service to receive such network and which is eonducted by use of multiple media or by the multiple use of a single medium,

(2) Notice required, Every cable television company sliall provide xiotice of a network change to the comrrussion and to the subscribers affected thereby.

,(3) Nolice to commission. Notice sha}l be provided to the commission no later than tlie later occumng of 45 days pior to the effective date of the change or witliin fiye busiriess days of the date ipon which the cabJe television company first knows of such change. Notice shall specify the network affected by t}ie change, whether such network was, or will be, distributed as pait of t}ie basic cable service or some other servxce tier immediately prior to the change and the effective date of the change, If the network change relates to the basic service tier, the notice to the commission shall a]so state whether satd network has been repeatedly promoted by the cable television company as avai}able 021 xts basic cable service during tlie six moxiths unmediately preceding the date of the change and, if the network has bcen so promoted during such period of time, the notxce shall also include the specific date upon which such promotion was concluded and tlie number of subscribers who commenced their subscription to basic cable service during ttie 90 days immediately before and after the last day of piaomotion, If tlie network change relates to a network tJiat is being deleted from basic cable service and will riot be available on any other service tier, the notice shall state whether said network continues to be reasonably available to the cable television coinpany. For purposes of this paragraph tlie term continues to be reasonably available to the cable television company

44 shall mean a network, including a broadcast television station, that has been lawfully distributed by tlie cable tetevision company to its subscribers as part of its basic cable service and without a substantial alteration of the character of t}ie network remams available to the cable television company on the same terms and conditions as before or rernams available to the cable teievision company pursuant to terms and conditions as previously agreed. A network shall also be considered to contmue to be reasonably available to a cabe television company when, notwithstanding a modification of the terms and condiltoris under w}iich it may bc distributed or a change m the character of the network, tlte comrmssion so determmes in writmg based upon consideration of: (i) wl'iether tlie cable television company is required to offer commercial leased access and the terms and conditions of such Ieased access, aif any;

(ii) the character of the network relative to t}ie character of other networks distributed on the system and the manner of distribution of such other networks;

(iii) the terms and conditions pursuant to which the network is available to the cable television company reative to the terrns and conditions applicable to the distribution by the cable television company of other networks as part of basic cable telcvision servxce;

(iv) the extent to which the network is currently bein@ distributed by other cable television compames in the State as part of basic cable television service on terms mid conditions similar to the terms and conditions at issue; and (v) the extent to which the cable television company may have an ownership mterest m any network distributed on the system which is similar in cliaracter to the termmated network.

(4) Notice to subscribers. Every cable television company shal provide notice of a network change to each subscriber affected thereby. Such notice shall be provided to subscribers who are receiving services affected by any such change in writing no later than the later occurring of 30 days prtor to tlie effecttve date of any change or wrt}'un 30 days of the date upon which the cable television company first knows of such change and by written on-screen visual message promtnently dxsplayed on the affected television programmmg channel or channels, and on tlie prograrn listing channel of the cable televxsion system, if one is provided, at least once each hour for rio less than a 30-day period.

(5) Form and content of notice to subscribers, Notice shall be directed to each affected subscriber as folows:

(i) by the mailing of a separate written notice to the subscriber's billing address of record; or

(ii) by a writtcn xiotation printed on the subscriber's regular billitig

45 statement; or

(iii) by a written notice accompmiying the subscriber's regular billirig statement. Such notice sl'iall specify the network affected by the change and the effective date of tlie change and shall inform subscribers of the opportumty to downgrade or terrmnate service within thirty (30) days of the recetpt of the notice without any cliarge for such termination or downgrade if the network change ixiciudes a retiering of service or rate mcrease,

(6) Additional provisions for network change affecting a premium service tier. If the notice describes a network change that affects a network that was being distributed as pait of a premmm service her xmmediately prior to the change such notice shall also inform subscribers who have incurred mstaltation, upgrade or other one-txme charges reiating to such premium service tier within six months prior to the effecttve date of the change, or who have prepaid any mont]ily service charges for said premium service tier, that they may elect to downgrade or termmate service within 30 days of the receipt of such notice and obtain a rebate of any such charges,

(7) Additional provisions for network change affecting basic cable service, If the notice describes a network change which affects a network that was being distributed as part of basic cable service imn'iediately prior to the change, and the network was repeatedly promoted by the cable television company and in a sigriificant manner as avai}ab)e as part of basic cable service at any ttme during the stx months tmmediately preccding the date of the change, such notice, or a second notice given in tlie same manner as the 'first notice withm 30 days of tlie first nohce, shall contam additional information as folows:

(i) Removal of network to prernium tier. ff a network is moved froin basic cabie servxce to a more expensive tier, such notxce shall inf'orrn subscribers who commenced their mibscriptions to basic cable service during the 90-day period inirncdiately before or after tlie last day of tlie promotion, of the opportumty within thirty days of receipt of the notice either:

(a) to upgrade to the more expensive service tier wliich includes the network at no charge and to receive satd service tier for up to six mont}is also at no charge; or

(b) to terminate service and receive a refund of all installation, upgrade or other one-time charges paid during the six months prior to the change.

(ii) Removal of network fiaom system. If a network:

(a) is deleted froni basic cable service;

(b) was a substantial inducement to a significant number of

46 subscribers; and

(c) continues to be reasonably available to the cable television company, such notice sliall mforrn subscribers who commenced their subscriptions to basic cab}e service during the 90-day period immediately before or afier the last day of the promotion, of the opportumty, witliin 30 days of receipt of the notice, either: (})to terminate servicc and receive a refund of all installation, upgrade or other one-time charges paid during the six months prior to the change; or

(2) to continue service and receive a credit in the amount specified in t)ie notice which credit shall be for a portion of the monthly rate for basic cable service for each month or portion thereof the network is not available on the system during the six-month period commencing with the last day of the promotxon; or (3) to conttnue service and petition the commission for determination of the amount of an appropriate credit for a portion of the monthly rate for basic cable service for each month or portion thereof the network is not available on the system during the six-month period cornrnencing with the last day of the promotion.

(8) A cable television company sliall maintain copies of all advertisements, lists or other xiotifications regarding programming senl to or made available to the public. For purposes of this subdivision, adveitisements, lists or other notification shall mean any commercial messages which a cable television company origtnates and causes to be disseminated to the public or its subscribers by nneans of radio, television or prmt, or pursuant to a printed directive, whicli relate to the senice tiers, networks or programmmg offered by saxd compariy to its subscribers and the rates and charges therefor, except that such terms shall not xnclude any commercial message concermng a network or programmmg wiich ongmates with the network or progratnmer independent of the cable tecvision company.

(d) Pay-per-view programming, Subdivisions (a) (c) of tliis section shall not apply to pay-per-view programmmg,

(J ) Every cable television company shall provide notice to subscribers of its billing practxces and payment requirements including the use of payment coupons, The notice shall describe or define, at a mimmum, billmg procedures (including payment requirexnents to avoid discontinuance of service, e.g. payment duc dates), late charges, downgrade charges, advance billing options, if any, procedures to be followed in billmg disputes and credit to be given for service outages.

4'l (2) Notice shall be in the form of a separate written notice and shal be provided:

(i) to new subscribers, at tlie time of initial subscription or recomiection,

(ii) to all subscribers anrmaJly; and

(iii) to all subscribers at least 30 days in advance of any significant change in such bil!mg practices or payment requirements.

(iv) to any subscriber upon reqiest,

(f) Complaint procedures.

(1) Bvery cable television company shall provide notice to subscribers of its complaint procedures,

(2) Notice shall be in writing and shall be provided:

(i) to new subscribcrs at t}ie time of initial subscription or reconnection to the cable television system;

(ii) to all subscribers annually;

(iii) to all subscribers at least 30 days in advance of any significant change ul such, complamt procedures; and

(iv) to subscribers at any time upon request. The notice shall infoim the subscriber that any unresolved complaint with the company may be referred to the commission pursuant to Section 9 (a) of ttus Exhibit A, Such notice shall also contain tlie address and toll free subscriber assistance telephone number of the commissxon.

(g) Installation, use and maintenance of cable service, Every cable television company sliall provxde notice to subscribers of its installation and service maintenance policies, mstructions on how to use cable senices with company provided or subscriber owned equipment, and a description of any incon'ipatibility problems and the means of resolving such plnrsoIballelan:l.sO.nNotice shall be sn writmg and sliall be provided to new subscribers at the tune of

(l ) to atty person upon request;

(2) to all subscribers annua}ly; and

(3) to all subscribers at least t}iirty 30 days in advance of any significant clianges in sucli information; and

48 (4) to subscribers at any time upon request.

(h) Lost, stolen or damaged equipment, A cable television company shall provide notice to subscribers of ariy charges for lost, stolen or damaged equipment m accordance with Section 6(f) of this Exhibit A.

(i) Disconnection of service, Every cable television company shall provide separate written notice of semce discominuance m accordance with Section 8 of this Exliibit A.

(j) Removal of homc wiring.

(1) Every cable television company shail provide notice to subscribers of the opportumty to acqriire hoine wiring upon termmation of service if the compaiiy seeks to remove such wirmg,

(2) Notice shall be in writing and sJiall be provided to subscribers at least seven days prior to the earliest date such liome wirmg would be removed, 11. TELEPHONE AVAILABILIT¥ AND ANSWER STANDARDS; CUSTOMER SERVJCE CENTERS

(a) Bvery cable television company shalr maintain a local, toll-free or collect call telep}ione access Iine which wil be available to its subscribers 24 hours a day, seven days a week, provided, that after normal business hours, the access line may be answcred by an answering service or an automated response system, including an answering maclime, Inquiries recetved after normal business hours must be responded to by a trained company representative on the next business day.

Trained company representatives must be available to respond to callers during normal business hoirs.

(b) Every cable television system, except a small cable television systen'i, under normal operattng condttions, shall ineet the followmg telephone answer standards no less than 90 percent of tlie tune, measured on a qtiartery basxs:

(1) telephone answer time by trained company representatives, including wait- txme, shall not exceed 30 seconds from when the connection is made;

(2) if a call rieeds to be transferred, transfer time shall not exceed 30 seconds;

(3) callers will receive a busy signal lcss than three percent of the time, (c) Information to deanonstrate compliance with the telephone answer standards in subdivision (b) of this scction sball be reported to the commission for normal business hours on an annual basxs and shall include:

49 (l) the total munber of days trained company representatives were available to receive incoming ca}ls;

(2) the total number of calls received on such days;

(3) the average Iength of time a caller waits on hod before reaching a traincd company representative;

(4) the total numbcr of calls abandoned by incoming callers;

(5) the percentage of time callers received a busy signal; or

(6) or such other information that will documeiyt compliance with such standards. (d) Every cable television company required to file the information specified in subdivisxon (c) of this section must maintain for a period of one year, a summary of records sufficient to measure and verify compliance with telep}ione answer standaiods on a quarterly basis,

(e) Annual reports on telephone answer standards shall be filed with the commission on or before January 31st of each year for the previous calendar year, Any cable television system tl'iat routtnely meets or exceeds thc standard m subdivisions (a) and ( €!) of this section may petttton thc commtsston for a watver of the reportmg requxrements of thts sectton. This waiver does not excuse a cable company from matntaming service records, subject to review by tlie Commission, on a qiaiterly basis.

(f) A cable teevision system wil} not be required to acquire equipment or perform surveys to measure compliance with telephone answer and service standards unless an historical record of complaints mdicates a clear failure to coinply.

(g) Customer service centers and bill payment sites shall be convenieritly located and open at least during normal business hours,

12. INSTALLATIONS, OUTAGES, AND SERVICE CALLS (a) Whenever a service cal is not started within tlie sclieduled appointment window, as established pursuant to paragraph (3) of subdivision (b) of this section, the subscriber sl'iall not be charged for such service call, including any installation or reconnection schedu)ed to be performed, unless the service call was rescheduled with the subscriber's consent before tlie close of business on tlie business day prior to the day of tlie scheduled "appomtment window.

(b) All cable television systems under noimal operating conditions, shall meet no less t}ian 95 percent of the tnne, measured on a quarterly basxs, the followirig servrce standards:

50 (1) standard instalations of up to 150 feet frorn existing aerial distribution pJant shal be performed within seven busmess days after an order is placed unless a subscriber requests a paiticular date beyond seven business days;

(2) excluding conditions beyond control of the cable company, a cable television system will: . (i) begin working Ol service interruptions promptly and in no event ater than 24 hours after the xntetruption becomes known; and

(ii) begin actions to correct other service problems the next business day after nottficatioti of tlie service problem or trouble call;

(3) the appointment window alternatives for service calls will be either: (i) a specific time; (ii) morning or afternoon hours;

(iii) a four-hour block of the time during normal business liours;

(iv) evenings or Saturdays during normal business hours; or

(v) at the option of the cable television company a specific time or block of time outside of normal business liours for the express convemence of the customer; and

(4) if a cable company representative is likely to be late for an appoimment with a customer and wiil not be able to keep the appomtment as scheduled, the customer will be contacted. The appointment will be reschedulcd, as soon as possible, at a time which is convement for the customer consistent with paragraphs (l) and (2) of this subdivisxon.

(c) Information to demonstrate compliance regarding the service standards contained in subdivxsion (b) of this section> measured on a quarterly basis, shall be reported to the commission and shall at a minimum include:

(1) number of requests for standard installations and the mimber of such mstallations actually performed witlnn 7 business days;

(2) mu'nber of service interruptions and number of service interruptions responded to withm axid after 24 hoirs after notification;

(3) number of service calls to subscribers' residences and the number of sucli calls completed wit}iin the appointment window;

(4) number of installatioxis or scrvice calls rescheduled; and

51 (5) nuinber of credits issued for missed service calls to subscribers' pren'iises, or such other information that will document compliance with such standards.

(d) Service repoits shall be filed annually with the commission on or before January 31st of each year for the previous calendar ycar, Cable systems that routinely meet or exceed the requirements of subdivisions (a) and (b) of tliis section may petition the commission for a waiver of the report requirements of this sectton, This waiver does not cxcuse a cable company from mamtammg servxce records on a quaiterly basis, which are subject to review by the Commissxon,

(e) Provisions of subdivision (a), paragraphs (3) aiid (4) of subdivision (b), and subdivisions (c) and (d) of this section shall not be applicable to small cable television systems,

(f) Reports of service or trouble calls by cable television systems shall be made available, upori request, and for a period not to exceed 90 days from such service or trouble call as follows: (l)For each trouble call reported by a single subscriber, the cable television system shall identify: (i) the subscriber; (ii) the date and approximate time t}ie trouble call was received; (iii) the date and approxu'nate time of lhe response to the trout+Ie call; (iv)the corrective steps taken (if any required); (v) the date the trouble call is closed; and (vi)xdentification of the techmcxan or repair person,

(2) A repoit on each service outage shall include the following data: (i) brief description of the area affected sufficient to allow the later determination of the approxirnate number of subscribers affected; (ii) date and approxuriate time of failure; (iti)cause of failure; and (iv)date and time service was restored.

13. REMOVAL OF HOME WIRING

Upon voluntary termination of cable service by a subscriber, a cable television company shall not remove cable home wmng m whicli it clauns ownership unless it gives the subscriber the opportumty to acqutre the wtring at the rep)acement cost, and the subscriber declines. The cost 15 to be deterinmed based on the replacement cost per foot of the home wirmg multxplied by the length in feet of such wiring, ff the subscribcr decluies to acqwe the cable home wirmg, the cable television coinpany must then remove st withm thirty seven days or make no subsequent attempt to remove it or to restrict its use. Every cable television company shall provide notice to subscribers of the provisions of this section in accordance with Section 1 0(j) of this Exhibit A,

52 14. "NEGATIVE OPTTON" PROMOTIONAL PRACTICES (a) No cable television company may bill any subscriber for any service not affirrnatively requested by the subscriber.

(b) For purposes of this section, a subscriber's affirmative request need not be in writing, but any cable television company relying on an oral affirmative request shall keep accurate records of thc date on which, and the employee to whom, the request was made.

(c) For purposes of tbis section, a subscriber s}iall be deemed to have affirmatively requested a service if (l) the subscriber voluntarily makes payment for such service affer mi initial free trial period, and (2) there was included, in the notice or advertising materiai describing tlie service, a statement clearly advxsmg tlie subscriber that he has incurred no obligation to pay for sucli semce and that he need not take any action to avoid incurring any such obligation,

15. PRIVACY

(a) Notice To Subscriber Regarding Personally Identifiable Infoimation; Definitioxis

(1 ) At tlie time of entering into an a@i:eement to provide any cable setyice or other senice to a subscriber and at Ieast once a year thereafter, a cable operator shall provide notice 111 tlie form of a separate, writteii statement to such subscriber which clearly and conspicuously informs the subscriber of-

(A) tlie nature of personaly identifiable information collected or to be collected with respect to the subscriber and the natire of the use of such information; (B) the nature, frequency, and purpose of any disclosure which may be made of such mformation, including an ident{fication of' the types of persons to whom the disclosure may be made; (C) the period durmg which sucli information will be maintained by the cable operator; (D) the tiines and place at which the subscriber may have access to such infoimation in accordance with subsection (d) of this section; and (E) the limitations proyided by tliis section with respect to the collection and disclosure of inforrnation by a cable operator and the rigtit of tie subscriber under subsectxons (f) and (h) of tliis section to enforce such limitations.

In the case of subscribers who }iave entered into such an agreement before tlie effective date of this section, sucli notice shall be provided witliin 180 days of such date and at least once a year thereafter.

(2) For purposes of t}iis section, other tian subsection (h) of this section-

53 A, the teim "personally identifiable inforrnation" does not include any record of aggregate data which does not identify particular persons; B, the term "other service" includes any wire or radio comi'nunications service provided using any of the facilities of a cable operator that are used in the provision of cable service; and C. the term "cable operator" includes, in addition to persons within the definition of cable operator in 3ction 522 qf tl)is title, any person who (i) is owned or controlled by, or under common ownership or contro} with, a cable operator, and (ii) provides any wire or radio communications service.

(b) Collection Of' Personally Identifiable Information Using Cable System

(l ) Except as provided in paragraph (2), a cable operator shall not use the cable system to collect personally identifiable mformation concernmg any subscriber without the prior wntten or electromc consent of the subscriber concerned,

(2) A cable operator may use tlxe cable system to collect such infomiation in orderto-

A. obtain information necessary to rciidcr a cable service or other service providcd by the cable operator to the subscriber; or B, detect uriautliorized reception of cable communications.

(l) Except as provided in paragraph (2), a cable operator shall not disclose personally identxfiable information concernmg any subscriber without the prior written or electromc consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other tlian the subscriber or cable operator,

(2) A cable operator may disclose sucli information if the disclosure is -

(A)necessary to render, or conduct a legitimate business actiyity related to, a cable semce or otlier service provided by the cable operator to the subscriber; (B) Subject t0 subsection (11) Of thiS section,, made pursuant tO a COurt order authorizing sucli disclosure, if the subscriber is notified of sicli order by the person to wliom the order ys directed; (C) a disclosure of tie names and addresses of subscribers to any cable service or other service, if-

(i) tlie cable operator has provided the subscriber the

54 opportunity to prohibit or imit such disclosure, aiid (ii) the disclosure does not reveal, directly or indirectly, the- s. extent of any vxewmg or other use by the subscriber of a cable semce or other seryice provided by tie cable operator, or ii, the nature of any transaction made by the subscriber over the cable system of the cable operator; or

(D) to a govermnent entity as authorized uiider chapters 119, 121, or 2% of title 18, except that such disclosure shall not incude records revealing cable subscriber selection of video programrning from a cable operator,

(d) Subscriber Access To lnfoimation

A cable subscriber shall be provided access to al personally identifiable information regarding that subscriber which is collected and matntained by a cable operator, Such mforrnation sliall be made available to the subscriber at reasonable times and at a convement place designated by sucli cable operator. A cable subscriber shall be provided reasonable opportumty to correct any error in such information.

(e) Destruction Of Information

A cable operator shall destroy personally identifiable information if the information is no longer necessary for tlie purpose for whic}i it was collected and there are no pending requests or orders for access to such tnformation under subscction (d) of thts sechon or pursuant to a court order.

(f) Civil Action In United States District Court; Darnages; Attorncy's Fees And Costs; Nonexclusive Nature Of Remedy

(1 ) Any person aggrieved by any act of a cable operator in violation of this section may brmg a civil action m a Umted States district court.

(2) Tlie couit inay award -

(A) actual damages brit not less than liqiidated damages computed at the rate of $100 a day for each day of violatxon or $1,000, w'iichever is liigher; (B) punitive damages; and (C) reasonable attomeys' fees aixd otlier litigation costs reasonably incurred,

(3) T}ie remedy provided by tJiis section shall be in addition to any other lawful remedy available to a cable subscriber.

55 (g) Regulation By States Or Franchising Authorities

Nothing in this subciapter shall be constiued to prohibit any State or any franchising authority from enacting or enforcmg laws consistent with this sechon for tlie protection of subscriber privacy,

(h) Disclosure Of' Informatioii To Governmental Entity Pursuant To Court Order

Hxcept as provided in subsection (c)(2)(D) of this section, a governmental entity may obtain personally identifiable mformation concermng a cablc subscriber pursuant to a couit order only if, m the couit proceeding relevant to such court order- (I) suchentityoffersclearandconvincingevidencethatthesubjectof the information is reasoriably suspected of engagmg in criminal activity and that the information sought would be materral evidence in the case; and

(2) the subject of the infoimation is afforded the opportunity to appear and contest such entity's claim.

56 EXHIBIT B COMMUNITY FACJLITIES TO RECEIVE FREE CABLE SERVICE

I. Si, Jn)ii'isvillc ViHagc OlliCx! 16 ¥Vashitigton Strcci

:'.. 81. .lolnisvilic ])olicc Depailmcnt 16 WasliinB,ton Strccl

3. Margarcl Reancy Mcinorial library l Q King>litiry Avcmn;

4. 81. Jnlinsvi)lc Higli S(;11(lol -H Ccntcr Slrcc(

5, I)iiviHl.RolibinsSchoo) (il Monroe Strcct

6. St, Jolnisvillc Fire Dcliiiitment 0 West Main S(reet

7. St, Johiisville IElcmcntary SCll(1(11 Op)icnlicim Strccl NOTICE OF PuBLlO HEARlNa For the approval of i STATE OF NEW YORK) Cable Television Agree )ss ment between Timi Warner aable and thi County of Oneida) Village of St. Johnsville

PLEASE TAKE NOTICI Patricia Zehr tm C$ of Utim, in said that the Village of 81 Johnsville will hold i coumy, being duly sworn, says she is the Principal Clerk of the lJUca Ob- Public Hearing on Aprl of 19th, 2016 at 6:18 p.m pi ii ilffl at d Dispatch the Publishers of (The Telegramffhe Titnes), a daily newspapm at the Village Offlce, l1 published in tm cF0 of Utica, Coumy am State aforesaid, and that an misernem Washington Street, 82 Johnsville,NewYork1345: of which the attad is a copy, cut from tm columns of said paper has been regarding granting i cable televrslon franchisi regularly published in said paper on each oF tm following dates: agreement by and betweei the Village of 8t Johnsville and Timi Warner Cable. '}2, '1./i:l A copy of the agreemen is available for publii Inspecticn during norrna business hours at thi Village of St. Johnsvilli Clerk's offk.e, 1f - ?,-lallA.ix >', Washington Street, St Johnsville, New Yorl Sworn to before me this 13452. At such publit hearing, all persons wff ilil'l)'l11::i. be givan an opportunity ti be heard. Written and ora statements will bs takei at that time. nme lirmta l' tions may be imposed fo each oral statement, i: NOTARY PUBLIC ONEIDA eo.. N.Y. necv+sary. Dated: 4-5-16

Karen Crouse. Clerk-Treasurei By Order of the Board Villags of k. Johnsvllle TT: 4/8, 4/1 2/2016 LEGAI NOTICE FOR STATE OF NEW YORK) APPLICATION OF )ss FRANCHISE RENEWAL County of Oneida) PLEASE TAKE NOTICE that the Time Warner Cable Northeast LLC, d/b/a Time Patricia Zehr the C$ of Uti>, in said Warner Cable has filed an application for renewal of coumyo, being duly sworn, says she is the Principl Clerk of the Uti> Observer- its Cable Television Dispatch tm Publishers of Franchise in the Village ot of Tm TimeTelegram, a daily newspaper primed am St. Johnsville, Montgomery published in the city of Utiz, Cour$ and State aforesaid, and that an adsemem County, New York. of whidi the attad is The application and all a copyo, cut from tm columns of said paper has been comments filed relative regularly published in said paper on each oF the following dates: thereto are available ioy public inspection at the Village of St. Johnsville's ofice dunng nomial business hours. Interested parties may file comments regarding the renewal with the Public Service Commission within 10 days of the date ol publication of the Notice. Comments should be Sworn to before me thWs addressed to Hon. Kathleen Burgessi Secr- etary, New York State Public Service Ciommis- sion, 3 Empire State Plaza, Albany, NY 12223. TT: 5/1 7/20'l6

NOTARY PUBLIC ONEIDA co.. N.Y.