Alice J.J. Kim Charter DirectorDirector,, Government AffairsAffairs COMMUNICATIONS
June 2525,, 2021
The Honorable Michelle L.L. Phillips, Secretary NYS Public Public Service Service CommissionCommission Three Empire state PlazaPlaza Albany, NYNY 1222312223-1350-1350
RE: Franchise Renewal —– Spectrum Spectrum Northeast, Northeast, LLC, locally locally known known as as Charter Charter Commu Communicationsnications andand thethe Village ofof Potsdam
Dear Secretary Phillips:
We are herewith filing electronically, the following:
1. RR-2-2 ApplicationApplication forfor FranchiseFranchise Renewal, Renewal, channel channel lineuplineup andand ratesrates 2. Municipal ResolutionResolution grantinggranting ren renewalewal dateddated MayMay 1717,, 20212021 3. Fully executed executed copycopy ofof FranchiseFranchise Ren Renewalewal Agreement Agreement dated dated May 2828,, 20212021 4. Published legallegal noticesnotices
We hereby request approvalapproval by the Commission of this application pursuant toto Section 222 of the PublicPublic Service Law.
If youyou havehave anyany question questions,s, pleaseplease feelfeel frfreeee to contact me at 315-634-6170315-634-6170 oror viavia email at [email protected].
Sincerely,
Alice J.J. KimKim Director, Government AffairsAffairs Charter CommunicationsCommunications
6005 FAIR FAIR LAKES LAKES ROADROAD,, EAST SYRACUSE,SYRACUSE, NY NY 13057 13057 O:0: (315) 634634-6170-6170 [email protected]@charter.com
STATE OF NEW YORK PUBLIC SERVICE COMMISSION
In the matter of application of SPECTRUM NORTHEASTNORTHEAST,, LLCLLC,, an indirect subsidiary of Charter Communications, Inc, locally known as Charter Communications for renewal of its Certificate of Confirmation and Cable Television Franchise in ththee VILLAGE OF POTSDAMPOTSDAM,, CountyCounty of St. LawrenceLawrence,, New York
1. The exact legal name of the applicant is Spectrum Northeast,Northeast, LLC
2. The applicant does business under the name Charter Communications,Communications, Inc.
3. Applicant'sApplicant’s addressaddress andand telephone number:
Charter Communications 6005 Fair Lakes Road East Syracuse, NYNY 13057 (315) 634-6170634-6170
4.&5. TheThe applicant applicant serves serves the the following following municipalities municipalities from from the the same same headend headend oror fromfrom aa differentdifferent headendheadend in the same or adjacent counties; the number of video subscribers in eeachach ofof the communities as of June,June, 2021 are:are:
Municipality Subscribers Municipality Subscribers Canton, Town 715 Lawrence, Town 158 Canton, Village 1,028 Parishville, Town 392 Colton, Town 339 Pierrepont, Town 395 DeKalb, Town 131 Pitcairn, Town 42 Diana, Town 305 Potsdam, Town 854 Fowler, Town 289 Potsdam, Village 1,116 Gouverneur, Town 267 Richville, Village 70 Gouverneur, Village 917 Russell, Town 86 Hermon, TTownown 86 Stockholm,Stockholm, Town 423 Hopkinton, Town 119
6. The following signalsignalss are regularly carried by the CNYCNY cable system: (see(see attached channel/rate card).card).
7. The applicant does provide channel capacity forfor locallocal origination.origination. DuringDuring the past twelve months, the applicant has provided approximately 1,200 hours of locally originated programming of all types including PEG access.
8. The current monthly rates for service in the Village of Potsdam system are: (see(see attached).attached).
9. During the past 12 months, the applicant has placed the following miles of new cable television plant in operation In the following municipalities:
Municipality Plant Miles Municipality Plant Miles Canton, Town 0.35 Lawrence,Lawrence, Town 0.00 Canton, Village 0.03 Parishville, Town 0.26 Colton, Town 0.17 Pierrepont, Town 0.10 DeKalb, Town 0.00 Pitcairn,Town 0.00 Diana, Town 0.00 Potsdam, Town 0.89 Fowler, Town 0.00 Potsdam, Village 0.34 Gouverneur, Town 0.03 Richville, Village 0.00 Gouverneur, Village 0.05 Russell, Town 0.00 Hermon, Town 0.06 Stockholm, Town 0.53 Hopkinton, Town 0.04
10. The company has previously submitted to the New York State Public Service Commission its technical plan to rebuild the system to 750 MHZ which was completed by the end of 20002000..
11. (A) The applicant has previously filed with the New York State Public Service Commission its current Statement of Assessment pursuant to Section 817 of the Executive Law.
(B) The applicant previously filed with the New York State Public Service Commission its current Annual Financial Report.
12. State and describe below any significant achievements and/or improvements that took place with respect to System operation during the past twelve months. ______13. No event or change has occurred during the past twelve months which has had, or could have a significant Impact upon applicant’sapplicant's abilityability toto provideprovide cable television services.
WHEREFORE, the applicant, Charter Communications, requests that the New York State Public Service Commission Grant this applicationapplication and approve renewal of the Village of Potsdam CertificaCertificatete of Confirmation and Franchise Renewal Agreement.
Dated: June June 25, 25, 20212021
By: Alice J. Kim Director, Government Affairs SPECTRUM HDHD CHANNELCHANNEL LINEUP°LINEUP° SpecFrumSpectrurm► Potsdam I I|June June June 20212021 2021 TTVV PACKAGES 489 LOVELOVE 375 PAC-12PAC-12 NetworkNetwork 534 ThrillerMAXThrillerMAX -- EE 490 GEMGEM ShoppingShopping Network 376 PAC-12PAC-12 LosLos AngelesAngeles 535 OuterMAXOuterMAX -- WW 536 Cinemáx - E SPECTRUMSPECTRUM BASIC 492 LiquidationLiquidation ChannelChannel 377 PAC-12PAC-12 Arizona Arizona 536 CinemaxCinemax - E 625 SundanceTVSundanceTV 378 PAC-12PAC-12 Washington Washington 537 55 StarMAX StarMAX - E (Includes(Includes DigitalDigital MusicMusic channelschannels 627 IFCIIFC FC 379 PAC-12PAC-12 OregonOregon 538 MovieMAXMovieMAX -- EE and the followingfollowing services)services) 629 HallmarkHallmark Mov.Mov. & Myst. 380 PAC-12PAC-12 MountainMountain EPIX 1 SpectrumSpectrum News - CentralCentral 632 FXFX Movie MovieMovie ChannelChannel 381 PAC-12PAC-12 Bay Area 382 BTN 595 EPIX New YorkYork 827 Galavisi6nGalavisionGalavisión 382 BTNBTN 595 EPIXEPIX 413 TVG 597 EPIX 2 - W 2 WNYF-FOXWNYF - FOX 413 TVGTVG 597 EPIXEPIX 22 - W 417 BeIN SPORTS 598 EPIX HITS 4 CBOTCBOT - CBC SPECTRUM TV SILVER 417 BeIN SPORTS 598 EPIXEPIX HITSHITS 443 BeIN SPORTS EspañolEspanol 599 EPIX Drive-InDrive-In 5 WSTMWSTM - NBC 443 BeIN SPORTS Espanol 599 EPIX Drive-In (Includes Spectrum TV Select 468 TheTheThe CowboyCowboy Cowboy Channel Channel 7 WWNYWWNY -- CBSCBS and the following channels)channels) 620 MoviePlexMoviePlex
8 WCFE - PBS 8 WCFE - PBS 621 IndiePlex 9 WVNCWVNC-WVNC - NBC 621 IndiePlex Digi Tier 1 622 RetroPlexRetroPlex 11 CJOH -- CTVCTV 622 RetroPlex 31 Discovery LifeLife ChannelChannel 623 FLIXFLIX - E 12 WPBSWPBS -- PBSPBS 623 FLIX - E 57 TCMTCM 640 HDNetHDNet Movies 13 WWTIWWTI-ABC - ABC 58 OWNOWN 899 Tr3sTr3s 22 WWTIWWTI - - TheThe CW 899 Tr3s 68 LMNLMN 1554 Willow TVTV 30 HigherHigher EdEd AccessAccess 1554 Willow TV 86 GolfGolf Channel Channel 62 C-SPANC-SPAN 124 UP TMC 83 NYNY State StateState LegislatureLegislature 127 HallmarkHallmark Drama 92 C-SPAN2C-SPAN2 571 TMCTMC - E 128 ReelzReelz 572 TMCTMC XTRAXTRA - E 159 QVCQVC 572 TMC 130 NatNat Geo Wild 176 HSNHSN 130 Nat Geo Wild 131 Smithsonian Channel STARZ 188 JewelryJewelry TVTV 133 VICEVICE 194 SHOPHQSHOPHQ 581 StarzStarz - E 134 fyi,fyi, 215 SpectrumSpectrum News - NY1 582 StarzStarz EdgeEdge - E 136 ScienceScience ChannelChannel 227 C-SPAN3C-SPAN3 583 StarzStarz in in BlackBlack -- EE 140 AmericanAmerican HeroesHeroes Ch.Ch. 1250 WNYF - MeTV 584 StarzStarzStarz KidsKids Kids && Family -- EE 151 Heroes & IconsIcons 1275 WPBS - Create 585 StarzStarz CinemaCinema -- EE 161161 DIY NetworkNetwork 1276 WPBS -- WorldWorld 586 StarzStarz ComedyComedy - EE 163 CookingCooking ChannelChannel 1277 WPBSWPBS -- PBSPBS KidsKids 169 FuseFuse STARZ ENCORE 1301 LeasedLeased Access AccessAccess 174 LifetimeLifetime Real WomenWomen 1310 Spectrum Reach Reach -- DriversDrivers 602 StarzEncoreStarzEncore -- EE 177 GSNGSN Village 603 StarzEncoreStarzEncore Action-EAction-E 184 TVTV One 604 StarzEncore StarzEncoreStarzEncore Black-E 185185 ASPiREASPiRE TV 605 StarzEncore Classic-E SPECTRUM SELECT 605 StarzEncoreStarzEncore Classic-E 187 Ovation 606 StarzEncore StarzEncore SuspenseSuspense -- EE (Includes Spectrum TVTV BasicBasic 189 CleoCleo 607 StarzEncoreStarzEncore Westerns -- EE and the following services)services) 190 Cars.TVCars.TV 608 StarzEncore StarzEncore Family Family -- EE 191 JusticeJustice Central 3 TBSTBS 192 Pets.TVPets.TV SPORTS PACKAGES 14 FreeformFreeform 193 Recipe.TVRecipe.TV 15 USAUSA Network 209 BBCBBC WorldWorld News SPECTRUM TV SPORTS 16 MTVMTV 210 i24 PACK 17 CNN 213 Radar PACK 18 HLNHLN 18 HLN 221 Cheddar News 86 GolfGolf Channel Channel 20 Disney Channel 20 Disney Channel 222 NewsmaxNewsmax TV TV 302 ESPNEWSESPNEWS 21 ESPN 21 ESPN 224 NewsyNewsy 307 MLBMLB Strike Strike Zone 25 CMT 25 CMT 232 BlackBlackBlack News News Channel Channel 308 NBANBA TVTV 26 Hallmark Channel 26 Hallmark Channel 254 DisneyDisneyDisney Junior Junior 310 NFLNFL Network 27 MSG 27 MSG 255 UniversalUniversalUniversal Kids 311 NFL RedZoneRedZone 28 AMC 28 AMC 256 BabyBaby FirstFirst TV 312 NHLNHL NetworkNetwork 29 SportsNet New York 29 SportsNet New York 257 NickNickNick Jr.Jr. 382 BTNBTN 32 Discovery Channel 32 Discovery Channel 265 DisneyDisney XDXD 402 MAVTVMAVTV 33 Paramount Network 33 ParamountParamount Network 266 DiscoveryDiscoveryDiscovery Family 406 Tennis TennisTennis Channel 34 Nickelodeon 34 Nickelodeon 291 REVOLTREVOLT 408 OutdoorOutdoorOutdoor Channel 35 EWTNEWTN 292 FMFM 36 TheThe Weather Weather Channel Channel 295 GACGAC OTHER SERVICES 37 TNTTNT 297 RFD-TVRFD-TV 38 A&EA&E 299 AXSAXS TVTV 419 FOXFOX Soccer SoccerSoccer Plus 39 VH1VH1 302 ESPNEWSESPNEWS 650 iNiN DEMAND DEMAND PreviewsPreviews 40 AnimalAnimal PlanetPlanet 306 MLBMLB NetworkNetwork 660 iNiN DEMAND DEMAND1DEMAND 1 41 LifetimeLifetime 308 NBANBA TVTV 661 iNiN DEMANDDEMAND 22 42 MSGMSG Plus Plus 310 NFLNFL NetworkNetwork 700-708 MLB MLBMLB ExtraExtra Extra Innings InningsInnings 43 CNBCCNBC 315 CBSCBS SportsSports Network 709-722 NHLNHL CenterCenter Center Ice/MLB Ice/MLB 45 TVTV LandLand 370 ESPNUESPNU Extra Innings 46 BETBET 401 FOXFOX SportsSports 2 725-733 NBANBA League League PassPass 47 truTVtruTV 406 Tennis TennisTennis Channel 734-743 NBANBA LeagueLeague Pass/Pass/ 48 HGTVHGTV 440 ESPN ESPN DeportesDeportesDeportes MLS DirectDirect KickKick 49 FXFX 442 FOXFOX DeportesDeportes 759-772 NHLNHL Center Center Ice/MLB Ice/MLBIce/MLB 50 TLC 50 TLC 444 TUDNTUDN Extra Innings 51 ESPN2 Extra Innings 51 ESPN2 465 BYUtvBYUtv 779-783 NBANBA League Pass/Pass/ 52 CartoonCartoon NetworkNetwork 474 TheTheThe Impact Impact NetworkNetwork MLS DirectDirect KickKick 53 FoodPROOFFood NetworkNetwork 625 SundanceTV 625 SundanceTV 1400ZTC1400 ZTC Chinese Chinese 54 YESYES NetworkNetwork 627 IFCIFC 1401 CCTV-4 55 HISTORYHISTORY 1401 CCTV-4 898 NBCNBCNBC Universo Universo 1403 PhoenixPhoenix N. AmericaAmerica 56 FOXFOX News NewsNews ChannelChannel 1404 Phoenix Phoenix InfoNewsInfoNews 59 BravoBravo HBO HBO 1422 TVB1TVB1 Cantonese CantoneseCantonese 60 ElE!E! 511 HBO - E 61 TravelTravel ChannelChannel 1423 TVB DramaDrama 61 Travel Channel 512 HBOHBO 2 - E 1424 TVBE Cantonese 63 msnbcmsnbc 1424 TVBE CantoneseCantonese 513 HBOHBO SignatureSignature -- E 1425 TVB News 64 IONION TelevisionTelevision Television 1425 TVB News 514 HBOHBO FamilyFamily - E 1450 The Filipino Channel 66 ComedyComedy CentralCentral 1450 TheThe FilipinoFilipino Channel 66 Comedy Central 515 HBOHBO Comedy -- E 1452 GMA Pinoy TV 67 SYFYSYFY 1452 GMA Pinoy TV 516 HBOHBO Zone - E 1453 GMA Life TV 69 NBCNBC SportsSports NetworkNetwork 1453 GMA Life TV 517 HBOHBO LatinoLatino - E 1456 1456 DZBBDZBB FilipinoFilipino Audio 70 WEWE tv 1457 DWLS Filipino Audio 90 OxygenOxygen 1457 DWLS Filipino Audio Showtime 1500TV1500 TV JAPANJAPAN 109 FXXFXX 1500TV JAPAN 551 Showtime - E 1515 SBN (Vietnamese) 110 BBC America 1515 SBN (Vietnamese) 110 BBC America 552 SHOSHO 2 - E 1516 TVBV Vietnamese 126 NewsNationNewsNation 1516 TVBV VietnameseVietnamese 553 ShowtimeShowtime Showcase-EShowcase-E 1532 Sahara FilmyFilmy 129 NationalNationalNational Geographic 1532 Sahara Filmy 554 SHOSHO ExtremeExtreme -- EE 1533 ZEE TVTV 138 InvestigationInvestigationInvestigation Discovery Discovery 1533 ZEE TV 555 SHOSHO BET 1539 ITV GoldGold 175 Pop 556 SHOSHO NextNext - E 1540 SWAGAT TV 195 ShopHQShopHQ HealthHealth 1540 SWAGAT TV 557 SHOSHO WomenWomen - E 1541 SET AsiaAsia 198 AccuWeatherAccuWeather 1541 SET Asia 558 ShowtimeShowtimeShowtime FamilyFamily Zone -- EE 1542 TV AsiaAsia 206 FOXFOXFOX Business BusinessBusiness NetworkNetwork 1542 TV Asia 1551 ABP NewsNews 207 BloombergBloombergBloomberg Television Television 1551 ABP News 1557 New Delhi TVTV Limited Limited 326 MSGMSG 22 SPECTRUM TV GOLD 1557 New Delhi TV Limited 1575 TV5MONDE 327 MSG2MSG2 PlusPlus 1575 TV5MONDE (Includes Spectrum TV SilverSilver 1581 RAI ItaliaItalia 371 YesYes NetworkNetwork OverflowOverflow and the following channels)channels) 1586 German TV TV 384 SECSEC NetworkNetwork 1610 RTN (Russian)(Russian) 385 SECSEC Extra Digi Tier 2 Digi Tier 2 1612 C1R (Russia) (Russia) 388 ACCACC Network Network 1612 C1R (Russia) 119 MTV2 1613 RTVI (Russian)(Russian) 400 FOX FOX Sports SportsSports 1 120 MTVMTV Classic ClassicClassic 1621 Russian KinoKino 403 MotorTrendMotorTrendMotorTrend 1621 Russian Kino 135 DestinationDestinationDestination America 1632 ART Cable 461 INSPINSP 1632 ART Cable 461 INSP 137 CrimeCrimeCrime && InvestigationInvestigation 1901-1916 Music Choice 463 DaystarDaystar 1901-1916 MusicMusic Choice 141 MilitaryMilitary History 1918-1932 Music Music Choice Choice 464 TBNTBN 1918-1932 Music Choice 179179 LOGOLOGO 1934-1950 Music Choice 470 SonLifeSonLife 1934-1950 MusicMusic ChoiceChoice 470 SonLife 182 BETBET HERHER 2010 Spectrum Originals On 472 BullBullBull DogDog ShoppingShopping 2010 SpectrumSpectrum OriginalsOriginals On 183 TheThe AfricaAfrica Channel Demand Network Demand 208 CNBCCNBC World World 2100 HDPay-Per-View Pay-Per-View 476 ShopShop ZealZeal 6 253 BoomerangBoomerang 477 FETVFETV 262 NicktoonsNicktoons PREMIUM MOVIE 478 ShopShop ZealZeal 8 263 TeenNickTeenNick 481 QVC2QVC2 286 MTVMTV LiveLive CHANNELS 482 ShopShop Zeal Zeal 11 287 BETBET Jams 484 HSN2HSN2 288 NickNickNick Music Cinemax 485 ShopShop ZealZeal 3 290 BETBET SoulSoul 531 CinemaxCinemax - E 486 ShopShop ZealZeal 4 310 NFLNFL NetworkNetwork 532 MoreMAXMoreMAX - E 488 ShopShop ZealZeal 5 312 NHLNHL NetworkNetwork 533 ActionMAXActionMAX - E For more information visit Spectrum.net. To View Latino and International channels, channels, turnturn toto the next page 946 TBNTBN EnlaceEnlace USAUSA MMULTICULTURALULTICULTURAL 962 AyMAyM SportsSports CHANNELS 971 CinelatinoCinelatino 972 CineCine MexicanoMexicano LLATINOATINO VIEW 973 CineCine Sony Sony 979 De Película Clásico 65 UnivisionUnivisión 979 De Pelicula ClasicoClasico 416 GOLGOL TVTV 980 DeDe Pelicula Película 417 BeINBeIN SPORTS 982 ViendoMoviesViendoMovies 440 ESPNESPN DeportesDeportes 983 UltraUltra Mex Mex 442 FOXFOX DeportesDeportes 984 UltraUltra Cine Cine 443 BeINBeIN SPORTSSPORTS EspañolEspanol Espanol 985 UltraUltra Clasico ClásicoClasico 444 TUDNTUDN 803 TelemundoTelemundo MI PLANPLAN LATINO 804 UniMasUniMás (Includes SpectrumSpectrum TVTV Basic, Latino 806 AztecaAzteca America America América View and the following services) 811 Estrella TV TV 3 TBSTBS 827 GalavisionGalavisión 14 FreeformFreeform 834 CNNCNN en EspanolEspañolEspanol 15 USAUSA Network 841 MexicoMexico 22 16 MTVMTV 842 EstudioEstudio 55 20 DisneyDisney ChannelChannel 843 MultimediosMultimedios Television TelevisiónTelevision 26 HallmarkHallmark Channel Channel 844 CanalCanal OnceOnce 28 AMCAMC 845 TeleFormulaTeleFórmula 32 DiscoveryDiscovery ChannelChannel 847 FOROtvFOROtv 33 ParamountParamount NetworkNetwork Network 849 UltraUltra Docu Docu 34 NickelodeonNickelodeon 850 CanalCanal Sur Sur 36 TheThe WeatherWeather ChannelChannel Channel 853 SURSUR Per0 Perú 37 TNTTNT 855 TVTV Chile Chile 38 A&EA&E 856 CaracolCaracol 39 VH1VH1 857 RCNRCN NuestraNuestra TeleTele Tele 40 AnimalAnimal PlanetPlanet 860 CentroamericaTVCentroamericaTV 45 TVTV Land 861 TeleTele El SalvadorSalvador 46 BETBET 865 EcuavisaEcuavisa Internacional Internacional 48 HGTVHGTV 867 TVVTVV 49 FXFX 870 SuperSuper Canal Canal 50 TLCTLC 87187 1 TelemicroTelemicro 52 CartoonCartoon Network NetworkNetwork 872 TelevisionTelevision Dominicana Dominicana 53 FoodFood NetworkNetwork 874 WAPAWAPA America AméricaAmerica 55 HISTORYHISTORY 875 CubaplayCubaplay 59 BravoBravo 877 AntenaAntena 33 InternacionalInternacional 60 E!E! 891 FOXFOX LifeLife 66 ComedyComedy CentralCentral 895 UnivisionUnivisión tlnovelas tlnovelas 67 SYFYSYFY 896 PasionesPasiones 90 OxygenOxygen 898 NBCNBC Universo Universo 109 FXXFXX 899 Tr3sTr3s 129 NationalNational GeographicGeographic 910 BandamaxBandamax 138 InvestigationInvestigation DiscoveryDiscovery 911 Telehit Urbano UrbanoUrbano 253 BoomerangBoomerang 912 TeleHitTeleHit 254 DisneyDisney Junior 913 VideoVideo Rola 257 NickNick Jr. 914 TarimaTarima 629 HallmarkHallmark Mov. Mov. & && Myst. Myst. 915 UltraUltra FiestaFiesta 916 InglesInglés ParaPara Todas Todas 917 Kids StreetStreet 918 UltraUltra FamiliaFamilia 919 UltraUltra KidzKidz 921 CartoonCartoon Network NetworkNetwork (SAP) (SAP) 922 SemillitasSemillitas TV TV 923 ISorpresa!¡Sorpresa! TV TVTV 924 DiscoveryDiscovery Familia Familia Familia 925 DisneyDisney XD XD 926 AtresAtres Series Series 928 BabyFirstTVBabyFirstTV (SAP) (SAP) 92929 9 BabyTVBabyTV (SAP) (SAP) -"Itrirammeall 930 DiscoveryDiscovery enen EspanolEspañolEspanol 931 NatNat GeoGeo MundoMundo 932 HISTORYHISTORY en en EspañolEspanol Espanol 933 HITNHITN 934 IHOLA!íHOLA! TVTV 935 MexicanalMexicanal 936 AplausoAplauso TVTV 937 UltraUltra Macho Macho 940 HogarHogar dede HGTV HGTV 945 EWTNPROOFEWTN enen EspanolEspañolEspanol RESIDENTIAL SERVICES AND RATES A AnAn amplifieramplifier may may be be required required for for a dwellinga dwelling with with multiple multiple outletsoutlets outlets (outlet (outlet (outlet = = Spectrum Spectrum = Spectrum receiver/modem/eMTA). receiver/modem/eMTA). receiver/modem/eMTA). TechnicianTechnician Technician RESIDENTIAL SERVICES AND RATES assessment andand professional professionalprofessional installation installation required. required. TTVV PACKAGES (PER MONTH) IINSTALLATION/SERVICENSTALLATION/SERVICE CALL B The BroadcastBroadcast TV TV Service Service Service Charge Charge Charge reflects reflects reflects charges charges charges assessedassessed assessed to Charter to Charter by broadcast by broadcast TV TV stations. TV stations. ItIt applies It applies toto Basic Basic to Service Basic Serviceand allall and all (PER ACTIVITY) Spectrum Basic Basic $$23.8923.89 (PER ACTIVITY) additional TV TVTV services.services. services. PPrimaryrimary Installation/ReconnectInstallation/Reconnect Installation/Reconnect Spectrum Select Select $76.99 C DVR service service required requiredrequired with with subscriptionsubscription subscription to to DVRto DVR DVR or or DVR/HD orDVR/HD DVR/HD receiver.receiver. receiver. (when trucktruck roll roll required)required) required)A $49.99 Spectrum Silver SilverSilver $106.99 D Provides access accessaccess toto to thethe the electronic electronic programprogram program guide guide - to - receiveto receive program program information, information, perform perform efficient efficient channel channel surfing, surfing, use Parental use Parental Custom WorkWork Labor Labor Charge Charge $49.99 Spectrum Gold GoldGold $126.99 Controls andand and access access to to order order Pay-Per-ViewPay-Per-View Pay-Per-View & OnOn& OnDemand Demand Demand (where(where (where available). available). Trip Charge ChargeCharge F $49.99 A LA CARTECARTE (PER(PER MONTH)GMONTH)G E Due toto system system technology technology enhancements enhancements inin in aa switchedaswitched switched digitaldigital digital market, market, accessaccess access toto certaincertain to certain digitaldigital digital channelschannels channels willwill require will require a receiver, a receiver, as as Move Transfer $49.99 Digi Tier 11 $12.00 Move Transfer $49.99 HDTVs equipped equipped with with with CableCARDs CableCARDs CableCARDs can can cannot not accessnot access access certain certain certain digital digital digital channels channels channels requiring requiring requiring two-way two-way communication. communication. CableCARD CableCARD CableCARD customers customers customers Service CallCall TruckTruck RollRoll Roll $49.99 Digi Tier 22 $12.00 $49.99 with TiVo equipment equipmentequipment will will alsoalso also needneed need a Tuninga Tuning AdapterAdapter Adapter forfor accessforaccess access toto suchsuch to such digitaldigital digital channels. channels. Wall FishFish $49.99 Spectrum TV TV Sports Sports Pack Pack $5.00 F Applicable when whenwhen addingadding adding and/orand/or and/or relocating relocating outlet,outlet, outlet, upgrading upgrading and/or and/or downgrading downgrading services services and picking and picking upup equipment.equipment. up equipment. UNRETURNED EQUIPMENT FEES PREMIUM CHANNELS CHANNELS (PER(PER MONTH) G Available withwith subscription subscription to to to Spectrum Spectrum Spectrum TV TV TV Select Select, Select Silver, Silver, Silver, Gold, Gold, Gold, or or Mi Mior PlanMi Plan Latino Latino (PER UNIT) HBO $15.00 (PER UNIT) Spectrum Receiver Receiver $103.00 H The SecureSecure ConnectionConnection Connection Fee Fee Fee covers covers covers those those those measures measures measures Spectrum Spectrum Spectrum employs employs employs to to manage manage to manage and and secure secureand secure thethe connectionconnection the connection betweenbetween between Spectrum’sSpectrum's Spectrum's CINEMAXCI N EMAX $9.99 system andand the thethe Spectrum SpectrumSpectrum receiverreceiver receiver andand and otherother other devicesdevices devices SubscriberSubscriber Subscriber uses uses to access to access Spectrum’sSpectrum's Spectrum's services. services. CableCARD™CableCARD'" $20.00 SHOWTIME $15.00 Tuning Adapter AdapterAdapter $130.00 ° Not allall channelschannelschannels areare are availableavailable available in in in HD. HD. HD. TMC $9.99 MISCELLANEOUS CHARGES All chargescharges exclude exclude applicable applicable taxes, taxes, FCC FCC FCC fees, fees, fees, franchisefranchise franchise fees fees and and thethe theBroadcast Broadcast Broadcast TV TV ServiceTV Service Charge. Charge. STARZ $9.99 (PER MONTH)MONTH) Public, Educational, Educational,Educational, GovernmentGovernment Government Access Access ChannelChannel Channel availabilityavailability availability maymay may varyvary vary byby community.community. by community. STARZ ENCOREENCORE $5.99 B Broadcast TV TV Service Service Charge Charge B $17.99$17.99 CableCARD customers subscribing to any service package in which Charter-leased equipment is included in the package price, may EPIX $5.99 CableCARD customers customers subscribing subscribing to toany any service service package package in which in which Charter-leased Charter-leased equipment equipment is included is included in the packagein the package price, may price, may MISCELLANEOUS CHARGES receive aaa discounted discounteddiscounted price,price, price, reduced reduced reduced byby byan an amount anamount amount equalequal equal to/greaterto/greater to/greater than thanthe feefee the forfor fee such for equipment such equipment notnot leasedleased not fromleasedfrom Charter.Charter. from Charter. MULTICULTURAL CHANNELS MULTICULTURAL CHANNELS (PER ACTIVITY)ACTIVITY) (PER MONTH)MONTH) C)2021©2021 Charter Charter Communications Communications Communications Phone PaymentPayment Processing Processing $5.00 Latino ViewView $9.99 Late Fee Fee $8.95 Mi Plan Plan Latino LatinoLatino $54.99 ADDITIONAL CUSTOMER CUSTOMER CUSTOMER INFORMATION: INFORMATION: INFORMATION: Prices are Prices Pricesper aremonth areper permonth unless month unless noted unless noted otherwise. noted otherwise. otherwise. Programming Programming Programming may may vary vary may and and vary all all services servicesand all services Reconnection Fee Fee $4.99 may not bebe available available in in all all areas.areas. areas. Rates, Rates, numbernumber number of channels, of channels, programs/content, programs/content, services services & packagespackages & packages are subject are subject to change to change OTHER SERVICES (PER MONTH) InsufficientInsufficient FundsFunds Funds FeeFee Fee $20.00 or discontinuancediscontinuance at at any any time, time, subject subject toto applicabletoapplicable applicable law.law. law. Unless Unless specifiedspecified specified onon thisthis on ratethisrate card,rate card,additionaladditional additional installation installation services services are are FOX SoccerSoccer Plus Plus $10.00 SPECTRUM EQUIPMENT RENTALRENTAL && generally billedbilled using using the the Labor Labor ChargeCharge Charge inin 1/4 1/4in hour1/4 hour hour increments. increments. increments. Charter Charter Charter reserves reserves reserves the the right right the to to right institute institute to institute differentdifferent different ratesrates or termsrates andor terms and Here TVTV On OnOn DemandDemand Demand $7.99 OTHER SERVICES (PER MONTH, PER conditions of of service serviceservice forfor for promotionalpromotional promotional purposes.purposes. purposes. Customers Customers areare notarenot requiredrequirednot required to subscribe to subscribe to any totier any of service,tierservice, of service, otherother thanthan other thethe than the Too MuchMuch For ForFor TV TV TV On On OnDemand Demand Demand $14.99$14.99 $14.99 Charter Basic Basic serviceservice service tier,tier, tier, inin orderin order order toto purchasepurchaseto purchase premium premium channels, channels, or where or where available,available, available, Pay-Per-View Pay-Per-View Pay-Per-View or On Demand. or On Demand. Charter-issued Charter-issued OUTLET) Filipino Pass PassPass Plus Plus $24.99 Spectrum receiver receiver or or CableCARD CableCARD required required required to to view view to view programming programming programming channels. channels. channels. Charter-issued Charter-issued Charter-issued SpectrumSpectrum Spectrum receiver receiver required required to view to view Spectrum Receiver ReceiverReceiver & & RemoteRemote Remote (per (per Pay-Per-View andand and OnOn On Demand Demand Demand programming programming programming (where (where available). available). HD-capable HD-capable equipmentequipment equipment required required toto viewview to HDHD view programmingprogramming HD programming Hindi $14.99-39.99 C outlet)outlet)` $7.99 (where available).available). All AllAll programmingprogramming programming maymay may notnot not be be beavailable available available to to CableCARD toCableCARD CableCARD customers.customers. customers. All service service All service levelslevels levels maymay contain containmay contain channelschannels channels with with Mandarin LanguageLanguage Language Pack Pack $19.99 Secure ConnectionConnection (per (per receiver receiver or or some R-ratedR-rated programming,programming, programming, whichwhich which cancan can bebe beblockedblocked blocked using using the theParentalParental Parental ControlsControls Controls featurefeature feature on your on on-screen your on-screen program program guide.guide. CertainCertain guide. Certain RTN $14.99 CableCARD) D,D.H H $1.00 limitations apply apply to to the the Wire Wire MaintenanceMaintenance Maintenance Plan,Plan, Plan, such such such as as the the as exclusionexclusionthe exclusion of of repairs repairs of repairs to to alarm/electrical/twisted alarm/electrical/twisted to alarm/electrical/twisted pair wiring, pair wiring,customer-customer- customer- Russian Language LanguageLanguage Package Package $25.99 CableCARD (rate(rate (rate includesincludes includes $1.00 $1.00 SecureSecure Secure caused damagedamage or oror abuse,abuse, abuse, andand and alterationsalterations alterations to to Charter toCharter Charter equipment.equipment. equipment. Please Please Please contact contact contact Charter Charter Charter forfor more for information more information about the about WireWire the Wire E, H Maintenance Plan. Plan. TV5MONDE $9.95 Connection) F'" $2.00 TVB JadeJade World World $39.99 DVR Service Service Package PackagePackage (up (up to to 44 4 DVRDVR DVR Areas Served:Served: Towns ofof Canton,Canton, Colton, Colton, DeDe De Kalb, Kalb, Kalb, Diana, Diana, Diana, Fowler, Fowler, Fowler, Gouverneur, Gouverneur, Gouverneur, Hermon, Hermon, Hermon, Hopkinton,Hopkinton, Hopkinton, Lawrence,Lawrence, Lawrence, Parishville, Parishville, TVJAPAN $24.99 receivers) $19.99 Pierrepont, Pitcairn, Pitcairn,Pitcairn, Potsdam,Potsdam, Potsdam, Russell, Russell, Russell, Stockholm; Stockholm; Stockholm; Villages Villages Villages ofof Canton, Canton,of Canton, Gouverneur,Gouverneur, Gouverneur, Harrisville, Harrisville, Harrisville, Hermon,Hermon, Hermon, PotsdamPotsdam Potsdam and and Richville, Richville, and Richville, NY NY NY SBTN && TVTVBV BVBV $19.99 DVR ServiceService (1(1 DVR DVRDVR receiver) receiver)receiver) $12.99 ART $12.99 Playboy TVTV On OnOn DemandDemand Demand $16.95 Penthouse On On Demand Demand $15.99 Hustler On On Demand Demand $15.99 VIVID On On Demand DemandDemand $15.99 TEN OnOn Demand DemandDemand $15.99 Real OnOn Demand DemandDemand $15.99 Visit Spectrum.com/RateCard for moremore information information regardingregarding regarding your your rates. rates. Manhandle On On Demand Demand $15.99
-<11-iLA G.41 POTSDAM VILLAGE OF POTSDAM INCORPORATEDINCORPORATED 18311831 Civic Center - Park Street - P.O. Box 5168 - Potsdam, NY 13676 Phone (315) 265-7480 Fax (315) 265-3149 T --r RESOLUTION
Trustee Jacobs-Wilke Moved and Trustee McKenna Seconded a resolution as follows:
InIn thethe MatterMatter ofof thethe GrantingGranting ofof aa CableCable TelevisionTelevision FranchiseFranchise HeldHeld byby SpectrumSpectrum Northeast, LLCLLC inin thethe Village of Potsdam, County ofof St. Lawrence, NewNew York
An applicationapplication hashas beenbeen dulyduly mademade to to the the Board Board of of the the Village Village of of Potsdam, Potsdam, CountyCounty of St. Lawrence, New York, byby SpectrumSpectrum Northeast, LLC,LLC, an an indirectindirect subsidiarysubsidiary of Charter Communications, Inc. ("Charter"), a limited liability company organized and existing in good standing under the laws of State of Delaware doing business at 6005 Fair Lakes Rd, East Syracuse, NY 13057, for the approval of a renewal agreement for Charter's cable television franchise for fifteen (15) years commencing with the date of approval by the Public Service Commission.
The franchise renewal agreement would bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended, and certain court rulings.
A public hearing was held in the Village of Potsdam, New York on April 19, 2021 at 5:30 P.M. and notice of the hearing was published in the Courier Observer Newspaper on April 9, 2021.
NOW, THEREFORE, the the Board Board of of thethe VillageVillage ofof PotsdamPotsdam finds that:
1. Spectrum Northeast, LLC has substantially complied with the material termsterms andand conditionsconditions ofof itsits existingexisting franchisefranchise andand withwith applicableapplicable law;law; andand
2. Spectrum Northeast, LLC has the financial, legal and technical ability to provide these services, facilities and equipment as set forth in its proposal attached; and
3. Spectrum Northeast, LLC can reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting suchsuch needs and interests.
-<1A-ALA OF POTSDAM VILLAGE OF POTSDAM INCORPORATED 1831 Civic Center - Park Street - P.O. Box 5168 - Potsdam, NY 13676 Phone (315) 265-7480 Fax (315) 265-3149
BE IT FURTHER RESOLVED that the Board of the Village of Potsdam hereby grants the cable television franchise of Spectrum Northeast, LLC and the Village of Potsdam for fifteen (15) years commencing with the date of approval by the Public Service Commission and expiring fifteen (15) years hence.
BE IT FURTHER RESOLVED that the Board of the Village of Potsdam hereby confirms acceptance of this franchise renewal agreement.
Ayes 4 (Mayor Tischler) Nays 0 (Trustee Warr, McKenna & Jacobs-Wilke)
CERTIFICATION I, LORI S. QUEOR, Clerk of the Village of Potsdam, County of St. Lawrence and State of New York, DO HEREBY CERTIFY that the above is a true and exact copy of a Resolution duly passed by the Village of Potsdam Board of Trustees at their Regular/Meeting held on)May 17, 2021.
. -'• 1( ( (0 LORI S.S. QUEOR,QUEOR, VILLLAGE VIL1LAGE CLERKCLERK FRANCHISE AGREEMENT
This Franchise Agreement ("Franchise") isis betweenbetween thethe VillageVillage ofof Potsdam,Potsdam, NewNew York,York, hereinafter referred to as the "Grantor" and Spectrum Northeast, LLC, locally known as CHARTER COMMUNICATIONS, hereinafter referred to as the "Grantee."
WHEREAS, in a full public proceeding affording due process to all parties, Grantor considered and found adequate and feasible Grantee's plans for constructing and operating the cable television system, and Grantor considered and determined that the financial condition, character, legal and technical ability of the Grantee are sufficient to provide services, facilities and equipment necessary to meet the future cable-related needs of the community; and
WHEREAS, thethe GrantorGrantor findsfinds thatthat thethe GranteeGrantee hashas substantiallysubstantially compliedcomplied withwith thethe material terms of the current Franchise under applicable laws, that this Franchise complies with New York Public Service Commission's ("NYPSC") franchise standards under Title 16, Chapter VIII, Part 895 of the Official Compilation of Codes, Rules and Regulations of the State of New York, and that the grant of a nonexclusive franchise to Grantee is consistent with the public interest; and
WHEREAS, thethe GrantorGrantor andand GranteeGrantee havehave compliedcomplied withwith allall federalfederal andand State-mandatedState-mandated procedural and substantive requirements pertinent to this franchise renewal; and
WHEREAS, Grantor desires to enter into this Franchise with the Grantee for the construction and operation of a cable system on the terms set forth herein;
NOW, THEREFORE, thethe GrantorGrantor andand GranteeGrantee agreeagree asas follows:follows:
SECTION 1 Definition of Terms
1.1 Terms. For the purpose of this franchise the following terms, phrases, words and their derivations shall have the meaning ascribed to them in the Cable Communications Policy Act of 1984, as amended from time to time (the "Cable Act"), unless otherwise defined herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
A. "Cable System," "Cable Service," and "Basic Cable Service" shall be defined as set forth in the Cable Act.
B. "Board" shall mean the governing body of the Grantor.
C. "Cable Act" shall mean the Cable Communication Policy Act of 1984, as amended, 47 U.S.C. §§ 521, et. seq.
D. "Channel" shall mean a portion of the electromagnetic frequency spectrum which isis usedused inin aa cablecable systemsystem andand whichwhich isis capablecapable ofof deliveringdelivering aa televisiontelevision channel.channel.
1 E. "Equipment" shall mean any poles, wires, cable, antennae, underground conduits, manholes, and other conductors, fixtures, equipment and other facilities used for thethe maintenancemaintenance andand operationoperation ofof physicalphysical facilitiesfacilities locatedlocated inin thethe Streets,Streets, includingincluding thethe CableCable System.System.
F. "FCC" shall mean the Federal Communications Commission and any successor governmental entity thereto.
G. "Franchise" shall mean the non-exclusive rights granted pursuant to this Franchise toto constructconstruct operateoperate andand maintainmaintain aa CableCable SystemSystem alongalong thethe publicpublic waysways withinwithin allall or a specified area in the Franchise Area.
H. "Franchise Area" shall mean the geographic boundaries of the Grantor, and shall includeinclude anyany additionsadditions theretothereto byby annexationannexation oror otherother legallegal means.means.
I.I. "Gross Revenue" means any revenue, as determined in accordance with generally accepted accounting principles, received by the Grantee from the operation of the Cable System to provide Cable Services in the Franchise Area, provided, however, thatthat suchsuch phrasephrase shallshall notnot include:include: (1)(1) anyany taxes,taxes, feesfees oror assessmentsassessments collectedcollected byby thethe GranteeGrantee fromfrom SubscribersSubscribers forfor pass-throughpass-through toto aa governmentgovernment agency,agency, including,including, without limitation, any state or federal regulatory fees, the franchise fee, or any sales or utility taxes; (2) unrecovered bad debt; (3) credits, refunds and deposits paid to Subscribers; and (4) any exclusions available under applicable State law.
J. "Person" shall mean an individual, partnership, association, organization, corporation, trust or governmental entity.
K. "Service"Service Area" shall mean the area described in subsection 6.1 herein.
L. "Standard"Standard Installation" shall mean installations to residences and buildings that are locatedlocated upup toto 150150 feetfeet fromfrom thethe pointpoint ofof connectionconnection toto Grantee'sGrantee's existingexisting distributiondistribution system.
M. "State""State" shall mean the State of New York.
N. "Street" shall include each of the following located within the Franchise Area: public streets, roadways, highways, bridges, land paths, boulevards, avenues, lanes, alleys, sidewalks, circles, drives, easements, rights of way and similar public ways and extensions and additions thereto, including but not limited to public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses now or hereafter held by the Grantor in the Franchise Area, which shall entitle the Grantee to the use thereof for the purpose of installing, operating, extending, repairing and maintaining the Cable System.
0. "Subscriber" shall mean any Person lawfully receiving Cable Service from the Grantee.
2 SECTION 2 Grant of Franchise
2.1 Grant. The Grantor hereby grants to the Grantee a nonexclusive Franchise which authorizes the Grantee to erect, construct, extend, operate and maintain in, upon, along, across, above, over and under the Streets, now in existence and as may be created or established during itsits terms,terms, allall Equipment,Equipment, includingincluding thethe CableCable System.System. NothingNothing inin thisthis FranchiseFranchise shallshall bebe construedconstrued toto prohibitprohibit thethe GranteeGrantee fromfrom offeringoffering anyany serviceservice overover itsits CableCable SystemSystem thatthat isis notnot prohibitedprohibited byby federal or State law.
2.2 Term. The Franchise and the rights, privileges and authority hereby granted shall be for an initial term of fifteen (15) years, commencing on the Effective Date of this Franchise as set forth in Section 15.13.
2.3 Police Powers. TheThe GranteeGrantee agreesagrees toto complycomply withwith thethe termsterms ofof anyany lawfullylawfully adoptedadopted generally applicable local ordinance necessary to the safety, health, and welfare of the public, to thethe extentextent thatthat thethe provisionsprovisions ofof thethe ordinanceordinance dodo notnot havehave thethe effecteffect ofof limitinglimiting thethe benefitsbenefits oror expanding the obligations of the Grantee that are granted by this Franchise. This Franchise is a contract and except as to those changes which are the result of the Grantor's lawful exercise of its general police power, the Grantor may not take any unilateral action which materially changes the mutual promises in this contract.
2.4 Restoration of Municipal Property. AnyAny municipalmunicipal propertyproperty damageddamaged oror destroyeddestroyed byby Grantee shall be promptly repaired or replaced by the Grantee and restored to serviceable condition.
2.5 Cable System Franchise Required. NoNo CableCable SystemSystem shallshall bebe allowedallowed toto occupyoccupy oror useuse the streets or public rights-of-way of the Franchise Area or be allowed to operate without aa CableCable System Franchise.
SECTION 3 Franchise Renewal
3.1 Procedures for Renewal. TheThe GrantorGrantor andand thethe GranteeGrantee agreeagree thatthat anyany proceedingsproceedings undertaken by the Grantor that relate to the renewal of the Grantee's Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, or any such successor statute.
SECTION 4 Indemnification and Insurance
4.1 Indemnification.Indemnification. TheThe GranteeGrantee shall,shall, byby acceptanceacceptance ofof thethe FranchiseFranchise grantedgranted herein,herein, defenddefend thethe Grantor,Grantor, itsits officers,officers, boards,boards, commissions,commissions, agents,agents, andand employeesemployees forfor allall claimsclaims forfor injuryinjury toto any Person or property caused by the negligence of Grantee in the construction or operation of the Cable System and in the event of a determination of liability shall indemnify and hold Grantor, its officers, boards, commissions, agents, and employees harmless from any and all liabilities, claims, demands, or judgments growing out of any injury to any Person or property as a result of the negligence of Grantee arising out of the construction, repair, extension, maintenance, operation or removalremoval ofof itsits wires,wires, polespoles oror otherother equipmentequipment ofof anyany kindkind oror charactercharacter usedused inin connectionconnection with the 3 operation of the Cable System, provided that the Grantor shall give the Grantee written notice of itsits obligationobligation toto indemnifyindemnify thethe GrantorGrantor withinwithin tenten (10)(10) daysdays ofof receiptreceipt ofof aa claimclaim oror actionaction pursuantpursuant toto thisthis section.section. InIn thethe eventevent anyany suchsuch claimclaim arises,arises, thethe GrantorGrantor shallshall tendertender thethe defensedefense thereofthereof toto thethe GranteeGrantee andand thethe GranteeGrantee shallshall havehave thethe rightright toto defend,defend, settlesettle oror compromisecompromise anyany claimsclaims arisingarising hereunder and the Grantor shall cooperate fully herein. If the Grantor determines in good faith thatthat itsits interestsinterests cannotcannot bebe representedrepresented byby thethe Grantee,Grantee, thethe GranteeGrantee shallshall bebe excusedexcused fromfrom anyany obligation to represent the Grantor. Notwithstanding the foregoing, the Grantee shall not be obligated to indemnify the Grantor for any damages, liability or claims resulting from the willful misconduct or negligence of the Grantor or for the Grantor's use of the Cable System, including any PEG channels.
4.2 Insurance.
A. The Grantee shall maintain throughout the term of the Franchise insurance in amounts at least as follows: Workers' Compensation Statutory Limits Commercial General Liability $1,000,000 per occurrence, $2,000,000 General Aggregate
Auto Liability including coverage on $1,000,000 per occurrence Combined all owned, non-owned hired autos Single Limit
Umbrella Liability $1,000,000 per occurrence
B. The Grantor shall be added as an additional insured, arising out of work performed by Grantee, to the above Commercial General Liability, Auto Liability and Umbrella Liability insurance coverage.
C. The Grantee shall furnish the Grantor with current certificates of insurance evidencing such coverage upon request.
SECTION 5 Service Obligations
5.1 No Discrimination. GranteeGrantee shallshall notnot denydeny service,service, denydeny access,access, oror otherwiseotherwise discriminatediscriminate against Subscribers, Channel users, or general citizens on the basis of race, color, religion, national origin, age or sex. Grantee shall not deny access to Cable Service to any group of potential residentialresidential subscriberssubscribers becausebecause ofof thethe incomeincome ofof thethe residentsresidents ofof thethe local area in which such group resides.
5.2 Privacy. TheThe GranteeGrantee shallshall fullyfully complycomply withwith thethe privacyprivacy rightsrights ofof SubscribersSubscribers asas contained in Cable Act Section 631 (47 U.S.C. § 551).
4 SECTIONSECTION 66 Service AvailabilityAvailability
6.16.1 ServiceService Area.Area. SubjectSubject toto applicableapplicable law,law, thethe GranteeGrantee shallshall continuecontinue toto provideprovide CableCable ServiceService toto allall residencesresidences withinwithin thethe FranchiseFranchise AreaArea wherewhere GranteeGrantee currentlycurrently provides Cable Service (the(the "Service"Service Area")Area") inin accordanceaccordance withwith thethe provisionsprovisions ofof SectionSection 895.5895.5 ofof thethe regulationsregulations ofof thethe NYPSC.NYPSC. GranteeGrantee shallshall havehave thethe right,right, butbut notnot thethe obligation,obligation, toto extendextend thethe CableCable SystemSystem intointo anyany other portion of the Franchise Area, including annexed areas. Cable Service offered to Subscribers pursuant to this Franchise shallshall bebe conditionedconditioned uponupon GranteeGrantee havinghaving legallegal accessaccess onon reasonablereasonable termsterms andand conditionsconditions toto anyany suchsuch Subscriber'sSubscriber's dwellingdwelling unitunit oror otherother unitsunits whereinwherein suchsuch CableCable ServiceService isis provided.provided.
6.26.2 AbandonmentAbandonment ofof Service.Service. GranteeGrantee shallshall notnot abandonabandon anyany CableCable ServiceService oror portionportion thereofthereof without thethe Grantor'sGrantor's writtenwritten consent.consent.
6.36.3 New Development Underground.Underground. InIn casescases ofof newnew constructionconstruction oror propertyproperty developmentdevelopment where utilities are to be placed underground, the Grantor agrees to require as a condition of issuing a permit for open trenching to any developer or property owner that such developer or property ownerowner givegive GranteeGrantee atat leastleast thirtythirty (30)(30) daysdays priorprior writtenwritten noticenotice ofof suchsuch construction or development, and of the particular dates on which open trenching will be available for Grantee's installationinstallation ofof conduit,conduit, pedestalspedestals and/orand/or vaults,vaults, andand lateralslaterals toto bebe providedprovided atat Grantee'sGrantee's expense.expense. GranteeGrantee shallshall alsoalso provideprovide specificationsspecifications asas neededneeded forfor trenching.trenching. CostsCosts of trenching and easements required to bring service to the development shall be borne by the developer or property owner; except that ifif GranteeGrantee failsfails toto installinstall itsits conduit,conduit, pedestalspedestals and/orand/or vaults,vaults, andand lateralslaterals withinwithin fifteenfifteen (15)(15) workingworking daysdays ofof thethe datedate thethe trenchestrenches areare available,available, asas designateddesignated inin thethe writtenwritten noticenotice given by the developer oror propertyproperty owner,owner, thenthen shouldshould thethe trenchestrenches bebe closedclosed afterafter thethe fifteenfifteen dayday period, the cost ofof newnew trenchingtrenching isis toto bebe borneborne byby Grantee.Grantee.
6.4 Annexation. TheThe GrantorGrantor shallshall promptlypromptly provideprovide writtenwritten noticenotice toto thethe GranteeGrantee ofof itsits annexationannexation ofof anyany territoryterritory whichwhich isis beingbeing providedprovided CableCable ServiceService byby thethe GranteeGrantee oror itsits affiliates.affiliates. SuchSuch annexedannexed areaarea willwill bebe subjectsubject toto thethe provisionsprovisions ofof thisthis FranchiseFranchise uponupon sixtysixty (60)(60) days 'written notice from the Grantor, subject to the conditions set forth below and Section 6.1 above. The GrantorGrantor shallshall alsoalso notifynotify GranteeGrantee inin writingwriting ofof allall newnew streetstreet addressaddress assignmentsassignments oror changes within thethe FranchiseFranchise Area.Area. GranteeGrantee shallshall withinwithin ninetyninety (90)(90) daysdays afterafter receiptreceipt ofof thethe annexationannexation notice,notice, pay the Grantor franchise fees on revenue received from the operation of the Cable System to provideprovide CableCable ServicesServices inin anyany areaarea annexedannexed byby thethe GrantorGrantor ifif thethe GrantorGrantor hashas providedprovided aa writtenwritten annexationannexation noticenotice thatthat includesincludes thethe addressesaddresses thatthat willwill bebe movedmoved intointo thethe Franchise Area in an Excel format or in a format that will allow Grantee to change its billing system. If the annexation noticenotice doesdoes notnot includeinclude thethe addressesaddresses thatthat willwill bebe movedmoved intointo thethe FranchiseFranchise Area,Area, GranteeGrantee shallshall pay franchise fees within ninety (90) days after it receives the annexed addresses as set forth above. All notices due under this section shall be sent by certified mail, return receipt requested to the addressesaddresses setset forthforth inin SectionSection 15.715.7 withwith aa copycopy toto thethe DirectorDirector ofof GovernmentGovernment Affairs.Affairs. InIn anyany auditaudit ofof franchisefranchise feesfees duedue underunder thisthis Franchise,Franchise, GranteeGrantee shallshall notnot bebe liableliable forfor franchisefranchise feesfees onon annexedannexed areas unless and until Grantee has received notification and information that meets the standards setset forthforth inin thisthis section.section.
5 SECTION 7 Construction and Technical Standards
7.1 Compliance with Codes. AllAll constructionconstruction practicespractices andand installationinstallation ofof equipmentequipment shallshall bebe done in accordance with all applicable sections of the National Electric Safety Code.
7.2 Construction Standards and Requirements. GranteeGrantee shallshall constructconstruct andand maintainmaintain itsits Equipment using materials of good and durable quality and shall ensure that all work involved in thethe construction,construction, installation,installation, maintenance,maintenance, andand repairrepair ofof thethe CableCable SystemSystem shallshall bebe performedperformed inin aa safe, thorough and reliable manner.
7.3 Safety. TheThe GranteeGrantee shallshall atat allall timestimes employemploy ordinary care and shall use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage.
7.4 Network Technical Requirements. TheThe CableCable SystemSystem shallshall bebe designed,designed, constructedconstructed andand operated so as to meet those technical standards adopted by the FCC relating to Cable Systems contained in part 76 of the FCC's rules and regulations as may be amended from time to time. The Cable System shall provide for a minimum Channel capacity of at least seventy-seven (77) Channels.
SECTION 8 Conditions on Street Occupancy
8.1 General Conditions. GranteeGrantee shallshall havehave thethe rightright toto utilizeutilize existingexisting poles,poles, conduitsconduits andand other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities on public property provided Grantee is able to access existing poles, conduits, or other facilities on reasonable terms and conditions.
8.2 Underground Construction. TheThe facilitiesfacilities ofof thethe GranteeGrantee shallshall bebe installedinstalled undergroundunderground inin thosethose ServiceService AreasAreas wherewhere existingexisting telephonetelephone andand electricelectric servicesservices areare bothboth undergroundunderground atat thethe timetime ofof systemsystem construction.construction. InIn areasareas wherewhere eithereither telephonetelephone oror electricelectric utilityutility facilitiesfacilities areare installedinstalled aeriallyaerially atat thethe timetime ofof systemsystem construction,construction, thethe GranteeGrantee maymay installinstall itsits facilitiesfacilities aeriallyaerially with the understanding that at such time as the existing aerial facilities are required to be placed underground by the Grantor, the Grantee shall likewise place its facilities underground. In the event Grantor or any agency thereof directly or indirectly reimburses any utility for the placement of cable underground or the movement of cable, Grantee shall be similarly reimbursed.
8.3 Construction Codes and Permits. GranteeGrantee shallshall obtainobtain allall legallylegally requiredrequired permitspermits beforebefore commencing any construction work, including the opening or disturbance of any Street within the Franchise Area, provided that such permit requirements are of general applicability and such permitting requirements are uniformly and consistently applied by the Grantor as to other public utility companies and other entities operating in the Franchise Area. The Grantor shall cooperate with the Grantee in granting any permits required, providing such grant and subsequent construction by the Grantee shall not unduly interfere with the use of such Streets. Notwithstanding the above, the Grantee may set off any administrative permit fees or other fees required by the Grantor related to thethe Grantee'sGrantee's useuse ofof GrantorGrantor rights-of-wayrights-of-way againstagainst thethe franchisefranchise fee payments required under Section 10.1 of this Franchise.
6 8.4 System Construction. AllAll transmissiontransmission lines,lines, equipmentequipment andand structuresstructures shallshall bebe soso installedinstalled andand locatedlocated asas toto causecause minimumminimum interferenceinterference withwith thethe rightsrights andand reasonablereasonable convenienceconvenience of property owners and at all times shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. The Grantee shall, at all times, employ ordinary care and use commonly accepted methods and devices for preventing failures and accidents which are likely toto causecause damage,damage, injuries,injuries, oror nuisancesnuisances toto thethe public.public. SuitableSuitable barricades,barricades, flags,flags, lights,lights, flaresflares oror other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way by the Grantee shall be placed in such a manner as not to interfere with the usual travel on such public way.
8.5 Restoration of Public Ways. Grantee shall, at its own expense, restore any damage or disturbance caused to the public way as a result of its operation, construction, or maintenance of thethe CableCable SystemSystem toto aa conditioncondition reasonablyreasonably comparablecomparable toto thethe conditioncondition ofof thethe StreetsStreets immediatelyimmediately prior to such damage or disturbance.
8.6 Tree Trimming. Grantee or its designee shall have the authority toto trimtrim treestrees onon publicpublic property at its own expense as may be necessary to protect its wires and facilities.
8.7 Relocation for the Grantor. TheThe GranteeGrantee shall,shall, uponupon receiptreceipt ofof reasonablereasonable advanceadvance written notice, to be not less than ten (10) business days, protect, support, temporarily disconnect, relocate, or remove any property of Grantee when lawfully required by the Grantor pursuant to its police powers. Grantee shall be responsible for any costs associated with these obligations to the same extent all other users of the Grantor rights-of-way are responsible for the costs related to the relocation of their facilities.
8.8 Relocation for a Third Party. TheThe GranteeGrantee shall,shall, onon thethe requestrequest ofof anyany PersonPerson holdingholding aa lawfullawful permitpermit issuedissued byby thethe Grantor,Grantor, protect,protect, support,support, raise,raise, lower,lower, temporarilytemporarily disconnect,disconnect, relocaterelocate inin oror removeremove fromfrom thethe StreetStreet asas necessarynecessary anyany propertyproperty ofof thethe Grantee,Grantee, providedprovided thatthat thethe expenseexpense of such is paid by any such Person benefiting from the relocation and the Grantee is given reasonable advance written noticenotice toto prepareprepare forfor suchsuch changes.changes. TheThe GranteeGrantee maymay requirerequire suchsuch payment in advance. For purposes of this subsection, "reasonable advance written notice" shall be no less than ten (10) business days in the event of a temporary relocation and no less than one hundred twenty (120) days for a permanent relocation.
8.9 Reimbursement of Costs. IfIf fundsfunds areare availableavailable toto anyany PersonPerson usingusing thethe StreetsStreets forfor thethe purpose of defraying the cost of any of the foregoing, the Grantor shall reimburse the Grantee in thethe samesame mannermanner inin whichwhich otherother PersonsPersons affectedaffected byby thethe requirementrequirement areare reimbursed.reimbursed. IfIf thethe fundsfunds are controlled by another governmental entity, the Grantor shall make application for such funds on behalf of the Grantee.
8.10 Emergency Use. GranteeGrantee shallshall complycomply withwith 4747 U.S.C.U.S.C. 544(g)544(g) andand allall regulationsregulations issuedissued pursuant thereto with respect to an Emergency Alert System ("EAS").
SECTION 9 Service and Rates
9.1 Phone Service. TheThe GranteeGrantee shallshall maintainmaintain aa toll-freetoll-free telephonetelephone numbernumber andand aa phonephone service operated to receive complaints and requests for repairs or adjustments at any time. 7 9.2 Notification of Service Procedures. TheThe GranteeGrantee shallshall furnishfurnish eacheach SubscriberSubscriber atat thethe timetime service is installed, written instructions that clearly set forth information concerning the procedures for making inquiries or complaints, including the Grantee's name, address and local telephone number. Grantee shall give the Grantor notice of any changes in rates, programming services or Channel positions in accordance with applicable law.
9.3 Rate Regulation. The rates and charges for Cable Service providedprovided pursuantpursuant toto thisthis Franchise shall be subject to regulation in accordance with federal law. If and when exercising rate regulation, the Grantor shall abide by the terms and conditions set forth by the FCC. Nothing herein shall be construed to limit the Grantee's ability to offer or provide bulk rate discounts or promotions.
9.4 Continuity of Service. ItIt shallshall bebe thethe rightright ofof allall SubscribersSubscribers toto continuecontinue receivingreceiving CableCable Service insofar as their financial and other obligations to the Grantee are honored, and subject to Grantee's rights under Section 15.2 of this Franchise.
SECTION 10 Franchise Fee
10.1 Amount of Fee. GranteeGrantee shallshall paypay toto thethe GrantorGrantor anan annualannual franchisefranchise feefee inin anan amountamount equal to five percent (5%) of the annual Gross Revenue. Franchise fees may be passed through to Subscribers as a line item on Subscriber bills or otherwise as Grantee chooses, consistent with federalfederal law.law. TheThe amountamount ofof franchisefranchise feefee andand the method of calculation shall be equal when compared to the amount or method of calculation of the franchise fee in any other cable franchise or authorization to provide video service granted by Grantor. In the event any other cable franchise or authorization to provide video service provides for a lesser franchise fee than this Franchise, Grantee's obligation to pay a franchise fee under this Section 10.1 shall be reduced by an equivalent amount.
10.2 Payment of Fee. PaymentPayment ofof thethe feefee duedue thethe GrantorGrantor shallshall bebe mademade onon aa quarterlyquarterly basis,basis, within forty-five (45) days of the close of each calendar quarter. The payment period and the collection of the franchise fees that are to be paid to the Grantor pursuant to the Franchise shall commence sixty (60) days after the Effective Date of the Franchise as set forth in Section 15.13. In the event of a dispute, the Grantor, if it so requests, shall be furnished a statement of said payment, reflecting the Gross Revenues and the applicable charges.
10.3 Accord and Satisfaction. NoNo acceptanceacceptance ofof anyany paymentpayment byby thethe GrantorGrantor shallshall bebe construedconstrued as a release or as an accord and satisfaction of any claim the Grantor may have for additional sums payable as a franchise fee under this Franchise.
10.4 Limitation on Recovery. TheThe periodperiod ofof limitationlimitation forfor recoveryrecovery ofof anyany franchisefranchise feefee payable hereunder shall be three (3) years from the date on which payment by the Grantee was due.
10.5 No auditor engaged by the Grantor shall be compensated on a success based formula (e.g., payment based on a percentage of an underpayment, if any).
8 SECTION 11 Transfer of Franchise
11.1 Franchise Transfer. Grantee shall provide at least sixty days' notice to Grantor prior to completion of a transaction that results in the sale, transfer, or assignment of the Franchise. The Franchise granted hereunder shall not be assigned, other than by operation of law or to an entity controlling, controlled by, or under common control with the Grantee, without the prior consent of the Grantor, such consent not to be unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or Cable System to secure indebtedness. Within thirty (30) days of receiving a request for review coveredcovered byby thisthis Section,Section, thethe GrantorGrantor shallshall notifynotify thethe GranteeGrantee inin writingwriting ofof anyany additionaladditional informationinformation itit reasonablyreasonably requiresrequires toto determinedetermine thethe legal,legal, financialfinancial andand technicaltechnical qualificationsqualifications ofof thethe transferee.transferee. IfIf thethe GrantorGrantor hashas not taken action on the Grantee's request for transfer within one hundred twenty (120) days after receiving such request, consent by the Grantor shall be deemed given.
SECTION 12 Records
12.1 Inspection of Records. GranteeGrantee shallshall permitpermit anyany dulyduly authorizedauthorized representativerepresentative ofof thethe Grantor, upon receipt of advance written notice, to examine during normal business hours and on a non-disruptive basis any and all of Grantee's records pertaining to Grantee's provision of Cable Service in the Franchise Area maintained by Grantee as is reasonably necessary to ensure Grantee's compliance with the material terms of the Franchise. Such notice shall specifically reference the subsection of the Franchise that is under review so that the Grantee may organize the necessary books and records for easy access by the Grantor. The Grantee shall not be required to maintain any books and records for Franchise compliance purposes longer than three (3) years. The Grantee shall not be required to provide Subscriber information in violation of Section 631 of thethe CableCable Act.Act. TheThe GrantorGrantor agreesagrees toto treattreat asas confidentialconfidential anyany books,books, recordsrecords oror mapsmaps thatthat constitute proprietary or confidential information to the extent Grantee makes the Grantor aware of such confidentiality. If the Grantor believes it must release any such confidential books or records in the course of enforcing this Franchise, or for any other reason, it shall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. Until otherwise ordered by a court or agency of competent jurisdiction, the Grantor agrees that, to the extent permitted by State and federal law, it shall deny access to any of Grantee's books and records marked confidential, as set forth above, to any Person.
SECTION 13 Public Education and Government (PEG) Access
13.1 PEG Access. GranteeGrantee shallshall makemake availableavailable channelchannel capacitycapacity forfor non-commercial,non-commercial, videovideo programming for public, educational and governmental ("PEG") access use in accordance with Section 895.4 of the NYPSC regulations and will comply with the minimum standards set forth therein.therein. SuchSuch PEGPEG channelchannel capacitycapacity maymay bebe sharedshared withwith otherother localitieslocalities servedserved byby Grantee'sGrantee's cablecable system, and Grantor hereby authorizes Grantee to transmit PEG access programming authorized herein to such other localities. The tier of service on which such PEG channel(s) may be placed shallshall be determined by Grantee in accordance with applicable law.
9 SECTION 14 Enforcement or Revocation
14.1 Notice of Violation. If the Grantor believes that the Grantee has not complied with the terms of the Franchise, the Grantor shall first informally discuss the matter with Grantee. If these discussions do not lead to resolution of the problem, the Grantor shall notify the Grantee in writing of the exact nature of the alleged noncompliance (the "Violation Notice").
14.2 Grantee's Right to Cure or Respond. The Grantee shall have thirty (30) days from receipt of the Violation Notice to (i) respond to the Grantor, contesting the assertion of noncompliance, or (ii) to cure such default, or (iii) if, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the Grantor of the steps being taken and the projected date that they will be completed.
14.3 Public Hearing. If the Grantee fails to respond to the Violation Notice received from the Grantor, or if the default is not remedied within the cure period set forth above, the Board shall schedule a public hearing if it intends to continue its investigation into the default. The Grantor shall provide the Grantee at least twenty (20) days prior written notice of such hearing, which specifies the time, place and purpose of such hearing, notice of which shall be published by the Clerk of the Grantor in a newspaper of general circulation within the Grantor in accordance with subsection 15.8 hereof. At the hearing, the Board shall give the Grantee an opportunity to state its position on the matter, present evidence and question witnesses, after which it shall determine whether or not the Franchise shall be revoked. The public hearing shall be on the record and a written transcript shall be made available to the Grantee within ten (10) business days. The decision of the Board shall be made in writing and shall be delivered to the Grantee. The Grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the Board de novo. The Grantee may continue to operate the Cable System until all legal appeals procedures have been exhausted.
14.4 Enforcement. Subject to applicable federal and State law, in the event the Grantor, after the hearing set forth in subsection 14.3 above, determines that the Grantee is in default of any provision of the Franchise, the Grantor may:
A. Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; or
B. Commence an action at law for monetary damages or seek other equitable relief; or
C. In the case of a substantial default of a material provision of the Franchise, seek to revoke the Franchise itself in accordance with subsection 14.5 below.
14.5 Revocation.
A. Prior to revocation or termination of the Franchise, the Grantor shall give written notice to the Grantee of its intent to revoke the Franchise on the basis of a pattern of noncompliance by the Grantee, including one or more instances of substantial
10 noncompliance with a material provision of the Franchise. The notice shall set forth thethe exactexact naturenature ofof thethe noncompliance.noncompliance. TheThe GranteeGrantee shallshall havehave sixtysixty (60)(60) daysdays fromfrom such notice to either object in writing and to state its reasons for such objection and provide any explanation or to cure the alleged noncompliance. If the Grantor has not received a satisfactory response from Grantee, it may then seek to revoke the Franchise at a public hearing. The Grantee shall be given at least thirty (30) days prior written notice of such public hearing, specifying the time and place of such hearing and stating its intent to revoke the Franchise. The public hearing shall be conducted in accordance with the requirements of Section 14.3 above.
B. Notwithstanding the above provisions, the Grantee reserves all of its rights under federalfederal lawlaw oror regulation.regulation.
C. Upon revocation of the Franchise, Grantee may remove the Cable System from the Streets of the Grantor, or abandon the Cable System in place.
SECTION 15 Miscellaneous Provisions
15.1 Compliance with Laws. GrantorGrantor andand GranteeGrantee shallshall conformconform toto allall applicableapplicable statestate andand federal laws and rules regarding cable television as they become effective. Grantee shall also conform with all generally applicable Grantor ordinances, resolutions, rules and regulations heretofore or hereafter adopted or established during the entire term of the Franchise. In the event of a conflict between Grantor ordinances, resolutions, rules or regulations and the provisions of thisthis Franchise,Franchise, thethe provisionsprovisions ofof thisthis FranchiseFranchise shallshall govern.govern.
15.1.1 Employment Practices. GranteeGrantee willwill notnot refuserefuse toto hire,hire, nornor willwill itit barbar oror discharge from employment, nor discriminate against any person in compensation or in terms, conditions, or privileges of employment because of age, race, creed, color, national origin, or sex.
15.2 Force Majeure. TheThe GranteeGrantee shallshall notnot bebe heldheld inin defaultdefault under,under, oror inin noncompliancenoncompliance withwith thethe provisionsprovisions ofof thethe Franchise,Franchise, nornor suffersuffer anyany enforcementenforcement oror penaltypenalty relatingrelating toto noncompliancenoncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the Grantee to anticipate and control. This provision includes, but is not limited to, severe or unusual weather conditions, fire, flood, or other acts of God, strikes, work delays caused by failure of utility providers to service, maintain or monitor their utility poles to which Grantee's Cable System is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.
15.3 Minor Violations. Furthermore,Furthermore, thethe partiesparties herebyhereby agreeagree thatthat itit isis notnot thethe Grantor'sGrantor's intentionintention toto subjectsubject thethe GranteeGrantee toto forfeituresforfeitures oror revocationrevocation ofof thethe FranchiseFranchise forfor violationsviolations ofof thethe Franchise where the violation was a good faith error that resulted in no or minimal negative impact on the Subscribers within the Franchise Area, or where strict performance would result in practical difficulties or hardship to the Grantee which outweighs the benefit to be derived by the Grantor and/or Subscribers.
15.4 Action of Parties. InIn anyany actionaction byby thethe GrantorGrantor oror thethe GranteeGrantee thatthat isis mandatedmandated oror permitted under the terms hereof, such party shall act in a reasonable, expeditious and timely 11 manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld.
15.5 Equal Protection. IfIf anyany otherother providerprovider ofof cablecable servicesservices oror videovideo servicesservices (without(without regardregard toto thethe technologytechnology usedused toto deliverdeliver suchsuch services)services) isis lawfullylawfully authorizedauthorized byby thethe GrantorGrantor oror byby anyany other State or federal governmental entity to provide such services using facilities located wholly or partly in the public rights-of-way of the Grantor, the Grantor shall ensure that the terms applicable to such other provider are no more favorable or less burdensome than those applicable toto Grantee.Grantee. IfIf thethe authorizationauthorization applicableapplicable toto suchsuch otherother providerprovider containscontains franchisefranchise fee,fee, PEG,PEG, freefree service, right-of-way, or other terms imposing monetary or regulatory burdens that are less costly or less burdensome than the corresponding obligations imposed upon Grantee, Grantor shall, within thirty (30) days of a written request from Grantee, modify this Franchise to ensure that the corresponding obligations applicable to Grantee are no more costly or burdensome than those imposedimposed onon thethe newnew competingcompeting provider.provider. IfIf thethe GrantorGrantor failsfails toto makemake modificationsmodifications consistentconsistent with this requirement, Grantee agrees not to enforce such corresponding obligations in this Franchise beyond the requirements imposed by the less costly or less burdensome obligations in such competing provider's authorization. As an alternative to the equal protection procedures set forth herein, the Grantee shall have the right and may choose to have this FranchiseFranchise withwith thethe Grantor be deemed expired thirty (30) days after written notice to the Grantor. Nothing in this Franchise shall impair the right of the Grantee to terminate this Franchise and, at Grantee's option, negotiate a renewal or replacement franchise, license, consent, certificate or other authorization with any appropriate government entity. Nothing in this Section 15.5 shall be deemed a waiver of any remedies available to Grantee under federal, state or municipal law, including but not limited toto SectionSection 625625 of the Cable Act, 47 U.S.C. § 545.
15.6 Change in Law. NotwithstandingNotwithstanding anyany otherother provisionprovision inin thisthis Franchise,Franchise, inin thethe eventevent anyany change to state or federal law occurring during the term of this Franchise eliminates the requirement for any person desiring to provide video service or Cable Service in the Franchise Area to obtain a franchise from the Grantor, then Grantee shall have the right to terminate this Franchise and operate the Cable System under the terms and conditions established in applicable law.law. IfIf GranteeGrantee chooseschooses toto terminateterminate this Franchise pursuant to this provision, this Franchise shall be deemed to have expired by its terms on the effective date of any such change in law, whether or not such law allows existing franchise agreements to continue until the date of expiration provided in any existing franchise.
15.7 Notices. UnlessUnless otherwiseotherwise providedprovided byby federal,federal, StateState oror locallocal law,law, allall noticesnotices pursuantpursuant toto thisthis FranchiseFranchise shallshall bebe inin writingwriting andand shallshall bebe deemeddeemed toto bebe sufficientlysufficiently givengiven uponupon deliverydelivery toto aa Person at the address set forth below, or by U.S. certified mail, return receipt requested, nationally or internationally recognized courier service such as Federal Express or electronic mail communication to the designated electronic mail address provided below. As set forth above, notice served upon the Grantor shall be delivered or sent to:
Grantor: Village of Potsdam Attn: Mayor 2 Park Street - Civic Center P.O. Box 5168 Potsdam, NY 13676
12 Grantee: Charter Communications Attn: Director, Government Affairs 6005 Fair Lakes Road East Syracuse, NY 13057 Copy to: Charter Communications Attn: Vice President, Government Affairs 601 Massachusetts Ave., NW, Suite 400W Washington, DC 20001
15.8 Public Notice. MinimumMinimum publicpublic noticenotice ofof anyany publicpublic meetingmeeting relatingrelating toto thisthis Franchise or any such grant of additional franchises, licenses, consents, certificates, authorizations, or exemptions by the Grantor to any other Person(s) to provide Cable Services, video services, or other television services utilizing any system or technology requiring use of the public rights of way shall be by publication at least once in a newspaper of general circulation in the area at least tenten (10)(10) daysdays priorprior toto thethe meetingmeeting andand aa postingposting atat thethe administrativeadministrative buildingsbuildings ofof thethe Grantor.Grantor.
15.8.1 Grantor shall provide written notice to Grantee within ten (10) days of Grantor's receipt from any other Person(s) of an application or request for a franchise(s), license(s), consent(s), certificate(s), authorization(s), or exemption(s) to provide Cable Services, video services, or other television services utilizing any system or technology requiring use of the public rights of way. Any public hearings to consider such application or request shall have the same notice requirement as outlined in Paragraph 15.8 above.
15.9 Severability. IfIf anyany section,section, subsection,subsection, sentence,sentence, clause,clause, phrase,phrase, oror portionportion ofof thisthis Franchise is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Franchise.
15.10 Entire Agreement. ThisThis FranchiseFranchise andand anyany ExhibitsExhibits heretohereto constituteconstitute thethe entireentire agreementagreement between Grantee and the Grantor and they supersede all prior or contemporaneous agreements, representations or understandings (whether written or oral) of the parties regarding the subject matter hereof.hereof
15.11 Administration of Franchise. TheThe Board,Board, oror suchsuch otherother personperson asas maymay bebe designateddesignated andand supervised by the Board, is responsible for the continuing administration of the Franchise. This Franchise is a contract and neither party may take any unilateral action that materially changes the mutual promises and covenants contained herein. Any changes, modifications or amendments to thisthis FranchiseFranchise mustmust bebe made in writing, signed by the Grantor and the Grantee. Any determination by the Grantor regarding the interpretation or enforcement of this Franchise shall be subject to de novo judicial review.
15.12 NYPSC Approval. ThisThis FranchiseFranchise isis subjectsubject toto thethe approvalapproval ofof thethe NYPSC.NYPSC. GranteeGrantee shallshall file an application for such approval with the NYPSC within sixty (60) days after the date the Franchise is approved by Grantor and accepted by Grantee. Grantee shall also file any necessary notices with the FCC.
13
15.13 Effective Date. Date. The The Franchise Franchise granted granted herein herein will will take take effect effect andand bebe inin fullfull force from the date of approval by the NYPSC ("Effective Date"). If any fee or grant that is passed through to Subscribers is required by this Franchise, other than the franchise fee, such fee or grant shall go intointo effecteffect sixtysixty (60)(60) daysdays afterafter thethe EffectiveEffective DateDate ofof thisthis Franchise.Franchise.
15.14 No Third PartyParty Beneficiaries. Beneficiaries. Nothing Nothing in in this this Franchise Franchise is is intended intended toto conferconfer third-party beneficiary status on any person other than the parties to this Franchise to enforce the terms of this Franchise.
Considered and and approved approved this this j —j>dayday of ivIR , 20 :122 k .
Village of Potsdam
Signature: /17 /—
Name/Title:i2EName/Title: IZEI/Qi.wa_c)-tN,,wa:. 7,
Accepted this this 2828 day of MayMayMay ,, 2020 212121 , subject, subject to to applicable applicable federalfederal and State law.
Spectrum Northeast LLC, By Its Manager, Charter Communications, Inc.
Signature: E •P4 • e
Name/Title: Paul Abbott/VP,Abbott/VP, Local Local Gov't Gov't Affairs Affairs & Franchising & Franchising
14
47293ae0-36f4-4ff3-b50a-20df2608e3a047293ae0-36f4-4ff3-b50a-20df2608e3a0 [email protected]@vi.potsdam.ny.us AFFIDAVITAFFIDAVIT OF OF PUBLICATION PUBLICATION Courier ObserverObserver
StateState of of New New York, York,
CountyCounty of, of, St. St. Lawrence Lawrence
TheThe undersigned is is the the authorized authorized designee designee of AlecofAlec Johnson,Johnson, thethe publisher of of CourierCourier Observer, Observer, aa DailyDaily NewspaperNewspaper publishedpublished in in St.St. LawrenceLawrence County,County, New York. II certify certify that that the the public public notice, notice, a printed a printed copy copy ofof whichwhich is attached hereto, hereto, was was printed printed and and published published in this in this newspaper newspaper on the on following the following dates: dates:
AprilApril 09, 2021
ThisThis newspaper has has been been designated designated by by the the County County Clerk Clerk of St.St. of Lawrence Lawrence County,County, as aa newspapernewspaper of of recordrecord inin thisthis county, county, and and as as such, such, is iseligible eligible to topublish publish such such notices. notices.
52z,79 triti-A4),
SignatureSignature
EliotEliot T. Putnam
PrintedPrinted NameName
SubscribedSubscribed andand sworn sworn to to before before me, me,
ThisThis 28 day of April 2021 2021
NotaryNotary Signatur
,,,,1j111111111111T,,,,, 11 1i llllll,' ®‘‘‘\ a AS It , . • • • • • • • 11° 4.A14s P.'• • . ..A.FESTATE- • '.'.. '', 4-, . • • '. <''- z.. '%, 1'7 •••' *** '% oei:47„4; S's l llll .‘ s , iONON EX? .tr- '':'% lllllll lllll,:f ,,,,,,,,, ,,lll ,,,,,,,,,,,,i llllllll VILLAGEVILLAGE OFOF POTSDAMPOTSDAM 3535 47293ae0-36f4-4ff3-b50a-20df2608e3a047293ae0-36f4-4ff3-b50a-20df2608e3a0 [email protected]@vi.potsdam.ny.us AFFIDAVIT OF OF PUBLICATION PUBLICATION CourierCourier ObserverObserver NOTICE ISIS HEREBYHEREBY GIVEN GIVEN THAT THAT A APUBLIC PUBLIC HEARING HEARING WILL WILL BE BEHELD HELD BY THEBY THE BOARD BOARD OF TRUSTEES OF TRUSTEES OF THE OF THE VILLAGEVILLAGE OFOF POTSDAM, POTSDAM, NY, NY, ON ON MONDAY, MONDAY, APRIL APRIL 19, 19, 2021 2021 AT AT 5:30 5:30 P.M., P.M., IN INTHE THE CIVIC CIVIC CENTER CENTER BOARD BOARD ROOM, PARKPARK ST., ST., POTSDAM, POTSDAM, NY. NY. THE THE PURPOSE PURPOSE OF OF THE THE HEARING HEARING IS TO IS RECEIVETO RECEIVE PUBLIC PUBLIC COMMENTS COMMENTS REGARDING GRANTINGGRANTING A A CABLE CABLE TELEVISION TELEVISION FRANCHISE FRANCHISE AGREEMENT AGREEMENT BY ANDBY AND BETWEEN BETWEEN THE THEVILLAGE VILLAGE OF POTSDAM ANDAND SPECTRUMSPECTRUM NORTHEAST, NORTHEAST, LLC, LLC, AN AN INDIRECT INDIRECT SUBSIDIARY SUBSIDIARY OF CHARTEROF CHARTER COMMUNICATIONS. A A COPY COPY OF OF THE THE AGREEMENT AGREEMENT IS AVAILABLEIS AVAILABLE FOR FOR PUBLIC PUBLIC INSPECTION INSPECTION DURING DURING NORMALNORMAL BUSINESS HOURSHOURS AT AT THE THE VILLAGE VILLAGE CLERK'S CLERK'S OFFICE, OFFICE, CIVIC CIVIC CENTER, CENTER, PARK PARK STREET, STREET, POTSDAM, POTSDAM, NY. AT SUCH PUBLIC HEARING, HEARING, ALL ALL PERSONS PERSONS WILL WILL BE BE GIVEN GIVEN AN AN OPPORTUNITY OPPORTUNITY TO BETO HEARD. BE HEARD. WRITTEN WRITTEN ANDAND ORALORAL STATEMENTS WILL WILL BE BE TAKEN TAKEN AT AT THAT THAT TIME. TIME. TIME TIME LIMITATIONS LIMITATIONS MAY MAY BE IMPOSED BE IMPOSED FOR EACHFOR EACH ORAL STATEMENT, IF IF NECESSARY. NECESSARY. BY BY ORDER ORDER OF OF THE THE BOARD BOARD OF OFTRUSTEESOF TRUSTEESOF THE THE INCORPORATED INCORPORATED VILLAGE OFPOTSDAM,OFPOTSDAM, NEW NEW YORKLORI YORKLORI S. S.QUEOR, QUEOR, VILLAGE VILLAGE CLERK CLERK VILLAGE OFOF POTSDAM POTSDAM 3636 726e262a-632f-4a2a-8e42-914ea8c9cc6e [email protected] AFFIDAVIT OFOF PUBLICATION PUBLICATION Courier ObserverObserver State ofofof New NewNew York,York, York, County ofof St. St. Lawrence, Lawrence, The undersignedundersigned is is the the authorized authorized designee designee of Alecof Johnson, the publisherpublisher of of Courier Observer, Observer, a Daily Newspaper published publishedpublished inin in St. Lawrence County, NewNew York. York. I certifyIcertify certify that that that thethe the public public notice, notice, a printed a printed copycopy copy ofof whichwhich of which is attachedattached hereto, hereto, waswas was printedprinted printed andand and publishedpublished published inin this in thisnewspaper newspaper on the on followingfollowing the following dates:dates: dates: June 11,11, 2021 2021 This newspapernewspapernewspaper hashas has beenbeen been designateddesignated designated by by by thethe the County County County Clerk Clerk Clerk of St. of Lawrence Lawrence County, as asas a a newspaper newspaper ofof of recordrecord record inin in this county,county, and and asas as such,such, such, isis is eligible eligible toto to publish publish such such notices. notices. 5z4,1 tat*cA(‘- Signature Eliot T.T.T. Putnam PutnamPutnam Printed Name Name Subscribed and and sworn sworn to to before before me, me, This 1414 daydayday of ofof June JuneJune 2021 2021 Notary SignaturSignatur 0 t I 11111111lllll III II tt , 41111 ,,,,,,,,,,, "OAS It:f 14,, %,,%•‘‘Gi..• AS It ,, ,., ,,0‘ ) . • • • . . . . • . • 4tatt °S `4,7 .AP ••. • STATE T. E. • • . 1 % ..= ..• OF NEW VORKYORK r. . = • N OTARY — ,.. NOTAR)______PUBLIC : •-n : . •••• I F.: :I. '1. .. Al BBAN} 'kW+, : -.; Notary Public Stamp 5. r". .. 0110-614x-143 Notary Public Stamp 0110614%443 .• ...57_, 4, : * ...Le• ...4,• ,i /...IS ,r( A• :• - E • ,.:• 1)1• V.- 2 \ ,,....." •s' II, i N tttttttt II i I llllll ' NOOP 204 726e262a-632f-4a2a-8e42-914ea8c9cc6e [email protected]@cha rter .com 726e262a-632f-4a2a-8e42-914ea8c9cc6e [email protected] AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION Courier Observer Courier Observer LEGAL NOTICE NOTICE FOR FOR APPLICATION APPLICATION OF OF FRANCHISE FRANCHISE RENEWAL RENEWAL PLEASE PLEASE TAKE TAKE NOTICE NOTICE that that Spectrum Spectrum Northeast, Northeast, LLC, LLC, LEGAL NOTICE FOR APPLICATION OF FRANCHISE RENEWAL PLEASE TAKE NOTICE that Spectrum Northeast, LLC, an indirect subsidiary of Charter Communications, has filedfiled an application forfor renewalrenewal of of its its Cable Cable TelevisionTelevision an indirect subsidiary of Charter Communications, has filed an application for renewal of its Cable Television Franchise in the Village ofof Potsdam,Potsdam, St. Lawrence County, New York.York. The The application application andand all commentscomments filed Franchise in the Village of Potsdam, St. Lawrence County, New York. The application and all comments filed relative thereto areare availableavailable forfor publicpublic inspection at thethe VillageVillage ofof PotsdamPotsdam office duringduring normal businessbusiness hours. relative thereto are available for public inspection at the Village of Potsdam office during normal business hours. Interested personspersons maymay filefile comments onon thethe application application withwith thethe Village Village of Potsdam clerk and with the New Interested persons may file comments on the application with the Village of Potsdam clerk and with the New York StateState PublicPublic Service Service Commission Commission within within 10 10 days days of of publication. publication. Comments Comments maymay bebe addressedaddressed to Hon.Hon. York State Public Service Commission within 10 days of publication. Comments may be addressed to Hon. Michelle L. Phillips,Phillips, Secretary, Secretary, New York StateState Public ServiceService Commission, 3 Empire State Plaza, Plaza, Albany,Albany, NYNY Michelle L. Phillips, Secretary, New York State Public Service Commission, 3 Empire State Plaza, Albany, NY 12223. 12223. NOOP NOOP 205 205