HomeMy WebLinkAbout2258 McCaw Communications Franchise Repeals 1942 ORDINANCE NO. )es�?SSl
AN ORDINANCE OF THE CITY OF ASHLAND, OREGON, GRANTING A
NON-EXCLUSIVE FRANCHISE TO McCAW COMMUNICATIONS OF SOUTHERN
OREGON, an Oregon joint venture, TO OPERATE AND MAINTAIN
A CABLE COMMUNICATIONS SYSTEM WITHIN THE CITY LIMITS OF
ASHLAND, OREGON, AND REPEALING ORDINANCE N04 1942. ,
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Definitions. For the purposes of this ordinance, the following terms,
phrases, words, and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense include the
future, words in the plural number include the singular number, and words in the
singular number include the plural number. The word "shall" is always mandatory
and not merely directory.
1. "Cablecasting" is programming carried on a cable system, exclusive of
broadcast signals, whether originated by the cable operator or any other . .. __..
party.
2. "Cable communications system", hereinafter referred to as "CATV System"
or "system", means a system, within the territorial limits, which receives and
amplifies signals broadcast by one or more television and/or radio stations and
which receives or originates other programming by any party, and distributes
such signals and programming from a common headend by wire, cable, microwave,
satellite, or other means to subscribers for a fee.
3. "City" is the City of Ashland, State of Oregon, in its present incor-
porated form.
4. "Council" is the City governing body.
5. "Grantee" is McCaw Communications of Southern Oregon, an Oregon joint
venture, and its lawful successors and assigns in accordance with the provisions
of this franchise.
6. "Gross annual receipts" means any and all compensation or other consid-
eration, in whatever form, received by the Grantee which is any way related to
the provision of cable communications service including pay revenues, but not
including installation or advertising revenues, by-.the cable communications
system subject to this ordinance within the territorial limits. The term does
not include any governmental taxes on services furnished by the Grantee imposed
directly on any subscriber and collected by the Grantee. New services shall also
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be included in gross annual receipts after thirty-six (36) months from the initia-
tion of such new service.
7. "Pay revenues" shall.be defined as the premium channel customer charge
less the cost paid by the Grantee to the product owner.
8. "Person" is any person, firm, partnership, association, corporation,
company, or organization of any kind.
9. "Programming" is any and all information transmitted in electronic form
on a cable communications system service.
10. "Subscriber" is any person receiving programming service via cable communi-
cations system service.
11. "Territorial limits" are those streets and byways within the City of
Ashland on the effective date of this franchise or hereinafter annexed.
SECTION 2. Grant of Non-Exclusive Authority.
(1) There is hereby granted by the City to the Grantee the right and privilege
to construct and reconstruct and to erect, operate and maintain, in, upon, along,
across, above, over and under the streets, alleys, public ways and public places
within the territorial limits of this franchise, poles, wires, cables, underground
conduits, manholes, and other cable conductors and fixtures necessary for the
maintenance and operation within the terriorial limits of this franchise of
Grantee's cable communications system for the sale and distribution of programming,
including butnot limited to the carriage of television and radio signals and any
cablecasting programmings.
(2) The right to use and occupy said streets, alleys, public ways and places
for the purpose herein set forth shall not be exclusive, and the City reserves the
right to grant a similar use of said streets, alleys, public ways and places, to
any person at any time during the period of this franchise.
_SECTION 3. Compliance with Applicable Laws, Ordinances and Standards. The Grantee
shall, except as provided herein, at all times during the life of this franchise,
be subject to and comply with all ordinances and other lawful exercise of the
police power by the City, particularly including Chapter 13.12 of the Ashland Muni-
cipal Code. Grantee shall also comply with all applicable laws, rules, and
regulations of the State of Oregon, the technical and construction standards of the
Federal Communications Commission, and any body which may have jurisdiction over
Grantee's activities under this franchise.
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SECTION 4. Governmental Service. The Grantee shall provide without charge one
outlet as basic CATV service to each governmental office building, fire station,
police station, city and public school building that is passed by its cable.
The distribution of the cable facility inside such buildings and the intent
thereof shall be the option, duty and expense of the building owner.
SECTION 5. Liability and Indemnification. ,
(1) The Grantee shall pay all damages and penalties which the City may
legally be required to pay as a result of granting this franchise and shall defend
and indemnify the City against all claims resulting from the granting of this
franchise. These damages or penalties shall include, but shall not be limited to,
damages arising out of copyright infringements and all other damages arising out
of the installation, operation, or maintenance of the cable communications system
authorized herein, whether or not any act or omission complained of is authorized,
allowed or prohibited by this franchise.
(2) The Grantee shall pay and by its acceptance of this franchise specific-
ally agrees that it will pay all necessary and reasonable expenses incurred by
the City in defending•itself against all damages and penalties mentioned in sub-
section (1) above, including but not limited to reasonable attorneys' fees.
(3) The Grantee shall maintain liability insurance throughout the term of
this franchise, or any extension thereof, insuring the City and the Grantee
against all damages mentioned in subparagraph (1) above in the minimum amounts
of: (a) $250,000 for property damage in any one accident; (b) $500,000 for
bodily injury or death to any one person; (c) $1,000,000 for bodily injury
or death resulting from any one accident.
(4) Grantee shall furnish proof to the City of the acquisition of insurance
as required herein by filing with the Director of Finance a copy of the insurance
policy, 'which shall be subject to approval as to form by the Ashland City Attorney
and Director of Finance.
(5) The City shall be named as additional insured and requires a "notice of
cancellation" to be sent to the City at least ten (10) days prior to any such
cancellation.
SECTION 6. Fair Business Practices.
(1) The Grantee shall establish internal procedures for receiving, acting
upon, and resolving subscriber complaints. The Grantee shall also have a local
telephone number or a toll-free number so that the subscribers may contact the
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Grantee. Complaint procedures and the telephone number shall be given to each
subscriber in writing at the time of subscription. If a subscriber's complaint
is not handled as specified in the procedures and if the subscriber suffers
serious deterioration in system signal quality at his terminal and Grantee
fails to correct the deficiency in a timely manner, the Grantee shall, unless
such failure to correct is caused by events beyond the control of the Grantee,
be liable to the subscriber for all charges paid by the subscriber to the
Grantee after the initial complaint.
(2) The Grantee shall refund to any subscriber whose service is terminated
a pro-rata portion of the subscriber's installation and connection charges
under any of the following conditions:
(a) If any subscriber terminates service because Grantee fails
to render service as required by this franchise; or
(b) If the Grantee terminates service to any subscriber without good
cause; or
(c) If the Grantee permanently ceases to operate the cable communica-
tions system authorized herein for any reason, except expiration of this
franchise. The amount of the refund shall be the total connection charges
less an amountrequal to the total connection-charged divide&by' 36 -and ,
multipliedaby the number of months the subscriber has received service.
SECTION 7. System Signal Standards.
(1) The Grantee shall comply fully with the rules and standards for cable
communications system operations- as adopted by the Federal Communications
Commission.
(2) The cable system operated by the Grantee shall 'be capable of delivering
all National Television Systems Committee color and monochrome standard signals
to standard Electronic Industries Association approved television receivers
without noticeable degradation at all points within the territorial limits of
this franchise.
(3) The City shall have the right and authority to compel the Grantee
to test, analyze and report on the performance of the system at any time; or to
furnish a copy of the annual proof of performance tests conducted pursuant to
FCC standards and requirements.
SECTION 8. Service Quality Requirements. The Grantee shall:
(1) Put, keep, and maintain all parts of the system in good condition
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throughout the term of the franchise..
(2) Transmit signals to all outlets without interfering with other electri-
cal or electronic systems. ,
(3) Limit failures to a minimum by locating and correcting malfunctions
promptly.
(4) Comply with all standards, specifications and requirements of the
FCC concerning signal quality and equipment or facilities affecting signal quality
as those standards, specifications and requirements now exist or as they may be
amended during the term of this franchise.
SECTION 9. Operation and Maintenance of System.
(1) The Grantee shall render efficient service, make repairs promptly
and interrupt service only for good cause and for the shortest time possible.
Such interruptions, insofar as possible, shall be preceded by notice to sub-
scribers affected and occur during periods of minimum use.
(2) If requested by the City Council, the Grantee shall maintain or
contract for a bill payment station in the City which shall be open during all
usual business hours; and upon approval of this franchise shall have a listed
toll-free telephone, to provide usual and ordinary business-office services to
subscribers, and be so operated that complaints and requests for repairs or
adjustments may be received at any time.
SECTION 10. Carriage of Broadcast Signals. The Grantee shall receive and
distribute broadcast signals pursuant to the Federal Communications Commission's
signal carriage rules. The system shall within three (3) years of the date of
this franchise ordinance, have a minimum channel capacity of twenty (20) channels,
and within five (5) years a minimum channel capacity of thirty-five (35) channels,
including channels reserved for FM radio broadcasting and three (3) of the
channels reserved for public, educational, and government access programming as
specified in Sec. 26. The channel capacity shall not be reduced below this level
thereafter, and shall not reduce services below those being offered on the effect-
ive date of this franchise. It is the express intention of the Grantee and the
City to maintain and improve the system based on the latest industry standards.
SECTION 11. Use of Channels. In the case of any emergency or disaster, the
Grantee shall, upon the request of the Mayor, make available its facilities to the
City for emergency use during the emergency or disaster period at no charge to the
City.
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SECTION 12. Conditions of Street Occupancy.
(1) Grantee shall use its existing poles or existing poles erected and
maintained by power and telephone companies whenever practicable and whenever
agreements with said companies so permit. All transmission and distribution
structures, lines, and equipment erected by the Grantee within the City shall
be so located as to cause minimum interference with the proper use of streets,
alleys, and other public ways and places, and to-cause minimum interference
with the rights and reasonable convenience of property owners who join any of
the said streets, alleys or other public ways and places.
(2) In case of disturbance of any street, sidewalk, alley, public way,
or paved area, the Grantee shall, at its own cost and expense and in a manner
approved by the City pursuant to Chapter 13.12 of the Ashland Municipal Code,
replace and restore such street, sidewalk, alley, public way, or paved area in
as good a condition as before the work was done. Said work shall be completed
within (30) days of disturbance unless granted additional time by the
Council in writing.
(3) If at any time during the period of this franchise the City shall
lawfully elect to alter or change the grade of any street, sidewalk, alley, or
other public way, the Grantee, upon reasonable notice by the City, shall remove,
relay and relocate its poles, wires, cables, underground conduits, manholes,
and other fixtures at its own expense.
(4) The Grantee shall, on the request of any person holding a building
permit issued by the City, temporarily raise or lower its wires to permit the
moving of buildings. The expense of such temporary removal or raising or lower-
ing of wires shall be paid by the person requesting the same, and the Grantee
shall have the authority to require such payment in advance and to-:require that
such persons agree to indemnify and hold Grantee harmless from any and all
damages or claims caused directly or indirectly from such temporary removal
or raising or lowering of wires.
(5) The Grantee shall not trim trees upon and overhanging streets, alleys,
sidewalks, and public ways and places of the City so as to prevent the branches
of such trees from coming in contact with the wires and cables of the Grantee
without the prior consent of the City, except that at the option of the City,
such trimming may be done by it or under its supervision and direction at the
expense of the Grantee.
(6) Underground placement of cable is strongly encouraged, and in all sections
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of the City where the cables, wires, or other like facilities of public
utilities are placed underground, the Grantee shall place its cables, wires
and other like facilities underground at Grantee's expense.
(7) Where telephone companies are compensated by property owners for part
or all of the cost of relocating facilities underground, Grantee shall be
entitled to receive from said utility or the property owners as the case may
be a comparable portion of its undergrounding costs, as a condition to relocat-
ing its facilities underground.
(8) No poles or other wire-holding structures shall be erected by the
Grantee without prior approval of the City with regard to the location, height,
type, or any other pertinent aspect of such structures. However, no location of
any pole or wire-holding structure of the Grantee shall be a vested interest,
and such poles or structures shall be removed or modified by the Grantee at its
own expense whenever the City determines that the public convenience would be
enhanced thereby.
(9) Copies of all agreements for joint use of poles and facilities with
other utilities shall be filed with the City.
SECTION 13. Removal of Facilities Upon Request. Upon termination of service to
any subscriber, the Grantee shall promptly disconnect their service and terminate
charges.
SECTION 14. Theft of Services and Tampering.
(1) No person, whether or not a subscriber, shall willfully and maliciously
damage or cause to be damaged any wire, cable, conduit, apparatus, appurtenance,
or equipment of the Grantee within the City, or commit any act with intent to
trap, tamper with or otherwise connect any wire or device to a wire, cable, con-
duit, apparatus, appurtenance or equipment of the Grantee to obtain any program-
ming from the cable communications system without authorization from the Grantee.
In the case of single-family dwelling units, enforcement by the City of this
section shall be limited to facilities of the Grantee located outside of any
structure.
(2) Whoever shall -violate any provision of this section shall be guilty
of an infraction and shall be liable for the penalties set forth in Section
1.08.020 of the Ashland Municipal Code. Each person is guilty of a separate
offense for each and every day during any portion of which any violation of
any provision of this ordinance is committed, continued or permitted by any
such person.
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SECTION 15. Preferential or Discriminatory Practices Prohibited.
(1) The Grantee shall not, as to rates, charges, service, service facili-
ties, rules, regulations, or in any other thing or action, make or grant undue
preference or advantage to any person, nor subject any person to prejudice or
disadvantage.
(2) The Grantee shall not discriminate against any person in any condition
of, or opportunity for employment because of sex, race, color or national origin.
SECTION 16. Transfer of Franchise. The Grantee shall not lease, assign or other-
wise alienate this franchise without prior approval of the City being granted by
ordinance for that purpose, provided that such approval shall not be unreason-
ably withheld.
SECTION 17. Additional City Rights.
(1) The right is hereby reserved to the City Council to adopt, in addition
to the provisions contained herein and in existing applicable ordinances, such
additional regulations as it shall find necessary in the exercise of the police
power, provided that such regulations shall be consistent with the provisions
contained herein.
(2) The City shall have the right to make reasonable inspections of books,
records, maps, plans, and other like materials of the Grantee relating to the
system at any time during normal business hours for the purpose of verifying com-
pliance with the provisions of this franchise.
(3) The City shall have the right, during the life of this franchise, to
install and maintain free of charge upon the poles of the Grantee any wire and
pole fixtures necessary for a police or fire alarm system, on the condition that
such wire and pole fixtures do not interfere with the system operations of the
Grantee.
(4) The City shall have the right to make inspections as it shall find
necessary to insure compliance with the terms of this franchise and other pertin-
ent provisions of law.
(5) At the expiration of the term for which this franchise is granted,
or upon its termination and cancellation, as provided for .herein, the City
shall have the right to require the Grantee to remove at its own expense all
portions of the system from all public ways within the City, and any portions
not removed within one hundred-twenty (120) days shall become the property of
the City.
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SECTION 18. Maps and Reports.
(1) The Grantee shall annually file with the City Public Works Director
true and accurate maps of all existing and proposed installations.
(2) The Grantee shall submit to the City within ninety (90) days after
the first day of January of each year, an annual report signed by the president,
vice-president, treasurer or general manager of Grantee, which shall contain such
detailed information as may be prescribed by the City Council relative to
franchisee's operations during the preceding year. Said report shall include a
financial statement, prepared by a certified public accountant, which shall
include a statement of income for operations within the City for the preceding
year.
(3) The Grantee shall submit such other reasonable information as the
City Council shall request with respect to the Grantee's financial condition,
properties, and expenses.
SECTION 19. Payment to City. The Grantee shall pay to the City, on or before
the 30th day following the end of each calendar quarter, an amount equal to the
maximum franchise fee set by Federal regulation but not less than three percent
(3%) nor more than five percent (5%) of the gross annual receipts received by
the Grantee during said calendar quarter from the subscribers within the terri-
torial limits of this franchise for each calendar quarter of this franchise.
Any amount in excess of three percent (3%) shall be set by action of the City
Council. It is the intent of the City that the franchise fee is for the use of
public streets, alleys and rights-of-way, which are acquired and maintained at
great expense to its taxpayers and the use thereof is of economic value to the
Grantee, without which the Grantee would be required to invest substantial capital
in right-of-way costs and acquisitions. No other fee, charge or tax of any kind
shall be imposed on Grantee, excepting property taxes and general taxes levied
at like rates on other businesses within the City. To the extent permitted by
State law, if the City levies a utility user tax not to exceed five percent
(5%) on the subscribers of the system, the Grantee agrees to collect and remit
said tax to the City, provided that the Grantee shall be permitted to retain five
percent (5%) of the tax collected to defray the cost of collection.
SECTION 20. Rates. The Grantee shall have the right to charge and collect com-
pensation from all persons, firms and corporations to whom it may furnish
television reception service. The subscriber rates shall at all times be fair,
just and equitable. Rate increases for basic (non-pay) subscriber service shall
be based on additional services being provided and increases in capital and
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operating costs. The City Council reserves the right to require the Grantee to
charge such reasonable rates for its basic (non-pay) service and to require the
Grantee to justify any rate increase to Ashland subscribers that is greater than
the average rate structure for the rest of the Rogue Valley.
SECTION 21. Forfeiture of Franchise.
(1) In addition to all other rights and powers pertaining to the City by
virtue of this franchise or otherwise, the City reserves the right to terminate
and cancel by ordinance this franchise and all rights and privileges of the
Grantee hereunder, in the event that the Grantee: (a) Fails, after reasonable
notice in writing given to it by the City, to remedy the violation of any pro-
vision of this franchise or any rule, order or determination of the City Council
made pursuant to this franchise; (b) Becomes insolvent, unable or unwilling to
pay its debts, or is adjudged a bankrupt; (c) Attempts to transfer or assign any
right or obligation under this franchise without prior approval from the City
Council; (d) Fails to disclose or misrepresents a material fact under the terms
of this franchise or fails to provide the services required by this ordinance;
or (e) Fails to perform any other material and substantial obligation under this
franchise.
(2) Such termination and cancellation shall be by ordinance duly adopted
after ninety (90) days notice to the Grantee unless mutually extended by the
parties, and shall in no way affect any of the City's rights under this franchise
or any provision of law. PROVIDED, before this franchise may be terminated and
cancelled under this Section, the Grantee must be provided with an opportunity
to be heard before the City Council.
SECTION 22. Duration and Acceptance of Franchise.
(1) This franchise and the rights, privileges, and authority hereby granted,
shall take effect as provided in Section 23 of this ordinance and shall continue
in force and effect for a term of twenty (20) years from the date of passage of
this ordinance, provided that within thirty (30) days after the effective date of
this ordinance the Grantee shall file with the City Recorder its unconditional
acceptance of this franchise and shall promise to comply with and abide by all
its provisions, terms, and conditions. The acceptance and promise required in
this paragraph shall be in writing. Execution of this franchise by the Grantee
where indicated shall be deemed such acceptance of this franchise as to the
date of passage of this ordinance.
(2) Should the Grantee fail to comply with 'subsection (1) above, it shall
acquire no rights, privileges or authority whatever under this ordinance and
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franchise.
(3) The acceptance of a franchise granted under this ordinance shall be
deemed to constitute surrender by the Grantee of any right to operate a cable
communications system in the City under or by virtue of any cable franchise
granted by the City to Southern Oregon Broadcasting Company, doing business as
McCaw Communications of Southern Oregon.
SECTION 23. Effective Date. The franchise hereby granted shall be effective
following the adoption of this franchise by the Ashland City Council and upon
the date of its acceptance by the Grantee.
SECTION 24. Service Policies.
(1) Service availability and record request. The Grantee shall provide
cable communications service throughout the City pursuant to the provisions of
this ordinance and shall keep a record for at least three (3) years of all
requests for service received by it. This record shall be available for public
inspection at the local office of the Grantee during regular office hours.
(2) Plan for extension and reconstruction of the system. The Grantee shall
submit to the City within ninety (90) days of the granting of this franchise, a
map of the franchise territory clearly delineating (1) the areas within the
territory where the cable communication system is now available to subscribers,
(2) the areas within the territory where the system is not available, and (3)
areas where the system needs reconstruction, together with a plan, including dates,
for extension of reconstruction which will show when each area will have access to
the system. By acceptance of this franchise, the Grantee acknowledges its
obligation to fulfill the planned extension and reconstruction of the cable system
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specifically described in the plan submitted by the Grantee, and also acknowledges
that all residential areas within the franchise territory shall be served by the
system not later than June 30, 1986. Nothing in this section shall prevent the
Grantee from extending or reconstructing the system earlier than planned. How-
ever, any postponement of system extension or reconstruction beyond the times
specified in the plan report timetable shall require consent of the City Council.
(3) Line extensions. The Grantee shall be required to extend its system
pursuant to the following requirements:
(a) The Grantee must extend and make cable communications service
available to every dwelling unit within any area reaching the minimum
density of at least thirty-two (32) dwelling units per street mile, or
four: (4) dwelling units within six hundred-sifty (660) feet; as measured
from the existing system, whichever provides greater service.
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(b) The Grantee must extend and make cable communications service
available to every dwelling unit in all unserved, developing areas having
at least thirty-two (32) dwelling units planned per street mile, as
measured from the existing system, and shall extend its system simultan-
eously with the installation of utility lines.
(c) The Grantee must extend and make cable communications service
available to any isolated residence requesting connection at the standard
connection charge if the connection to the isolated resident would require
no more than a standard one hundred (100) foot aerial drop line until the
system capacity is at 35 channels, in which case this standard shall be
increased to one hundred fifty (150) feet.
(d) With respect to requests for connection requiring an aerial drop
line in excess of one hundred (100) feet or one hundred fifty (150) feet at
35-channel capacity, the Grantee must extend and make available cable com-
munications service to such residents at a connection charge not to exceed
the actual installation costs incurred by the Grantee for the distance
exceeding said distance and shall notify the owner in advance, in writing,
of an estimate of actual cost.
(e) Whenever the Grantee shall have received written requests for
service from at least fifteen (15) assured subscribers within thirteen
hundred (1300) cable feet of its aerial trunk cable, it shall extend its
system to such subscribers solely for the usual connection and service
fees for all subscribers. The thirteen hundred (1300) cable feet shall
be measured in extension length of the Grantee's cable required for
service located within the public way or easement and shall not include
the length of necessary drop to the subscriber's house or premises.
(f) The Grantee may institute a line extension policy which will
result in serving more residents of the City than as required above,
in which case the Grantee's policy will be incorporated into this ordinance,
and will be binding on the Grantee.
(g) Any violation of this section shall be considered a breach of the
terms of this franchise ordinance.
SECTION 25. Antenna Switch. At the time service is connected or reconnected,
Grantee shall provide an antenna switch if requested by the subscriber which will
allow the subscriber to switch off the cable and receive local "on-air" channels,
provided Grantee charges a reasonable fee for the cost of the switch and instal-
lation with no continuing periodic charges. If installed while Grantee is at
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the premises for other purposes, then the cost for installing the switch will
not include any time other than that used for the actual installation of the
switch and the actual cost of the switch itself.
SECTION 26. Public Access. The Grantee shall reserve three (3) channels of its
system's Regional channel capacity for public, educational, and government access
programming at such time as a 35-channel system is available. One (1) of said
channels shall be set aside for cooperative use by the City of Ashland and
Southern Oregon State College; and the Grantee shall provide at no cost to the
City, a cable at a location to be designated on the Southern Oregon State College
campus, and City Council Chambers, capable of accepting color broadcasting of
local production and presentation of cablecast programs other than automated
services, i.e. having the technical capacity for nonvoice return, or "two-way"
communications for said channel, and such two-way channel capability shall be
available at such time as a 35-channel system is available or. on six (6) months
prior notice, but not sooner -than July 1, 1985. It shall be the responsibility
of the Grantee to provide all equipment necessary to cablecast the R. F. signal
received from those locations throughout the system.
SECTION 27. Ordinance No. 1942 is hereby repealed upon the effective date of
this ordinance and acceptance of this franchise by the Grantee.
The foregoing ordinance was first read by title only in accordance
with Article X, Section 2(C) of the City Charter on thejA Lday of May, 1983,
and duly PASSED and ADOPTED this_Z_ day of May, 1983.
ATTEST:
Nan E. Franklin
City Recorder-Treasurer
SIGNED and APPROVED this day of May, 1983
L. Gordon Medaris
Mayor
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ACCEPTANCE
McCaw Communications of Southern Oregon , an Oregon
joint venture , unconditionally accepts the terms of this
franchise and promises to comply with and abide by all of
its provisions , terms and conditions .
MCCAW COMMUNICATIONS OF
SOUTHERN OREGON,
an Oregon joint venture
By MCCAW SOUTHERN OREGON, INC .
By fyi
Joh E McCaw, Jr.
Vi e resident/Secretary
State of WASHINGTON )
ss: May 24 , 1983 .
County of KING )
Personally appeared the above named JOHN E . MCCAW ,
JR . , who being duly sworn, did say that he is the VICE PRESIDENT
OF MCCAW SOUTHERN OREGON, INC . a co-joint venturer, and of
MCCAW COMMUNICATIONS OF SOUTHERN OREGON, the within named
joint venture and acknowledged said instrument to be the free
act and deed of said joint venture.
IN TESTIMONY WHEREOF , I
have hereunto set my hand
and affixed my official
seal the day and year last
above written.
Notary Public for the State
of Washington
My Commission Expires: 3-22-$5
e
• MODIFICATION OF AGREEMENT
That certain agreement between Oregon Broadcasting Company dba Jackson
Antenna Cable TV (McCaw Communications of Southern Oregon, successor) and
the City of Ashland, and dated July TO, 1965, is hereby continued subject to
the same terms and conditions thereof, except as follows:
(1) The rental fee in Section 15 shall be changed to an annual fee
based on 40% of the schedule of pole prices (Table III) under the
joint pole agreement between the City of Ashland and Pacific North-
west Bell, divided by the 35-year estimated pole life; and as
adjusted from time to time by the City of Ashland and Pacific
Northwest Bell. The annual rental fee shall be paid not later
than the 30th day of January following the end of each calendar
year.
(2) The amount of insurance coverage in Section 23 shall be changed
to the limits set forth in the franchise agreement between the
City of Ashland and McCaw Communications of Southern Oregon.
Dated this_Z�J�'day of 1983.
L. Gordon Medaris
Mayor
ATTEST:
Nan E. Franklin
City Recorder-Treasurer
ACCEPTANCE
McCaw Communications of Southern Oregon, an Oregon joint venture, unconditionally
accepts the foregoing modification of agreement.
McCAW COMMUNICATIONS OF SOUTHERN OREGON,
an Oregon joint venture
By MCC S ut n Ore ,Inc.
Inc.
by: /�yC��C-�/-'
Jo Mc w, Jr.
V /President/Secretary
State of Washington )
ss. May 24 , 1983.
County of King )
of McCaw Southern Oregon , Inc . a co-joint venture
Personally appeared the above named JOHN E. McCAW, JR. , who being duly sworn, did
say that he is. the VICE WSIDENT of McCAW COMMUNICATIONS OF SOUTHERN OREGON, the
within named let Sea tined acknowledges said instrument to be the free act and
deed of said ffor�er-a-t3eR.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and affixed my official seal the day
and year last above written.
Notary Public for State of Washington
My Commission expires: 3-n-S5