Institutional Network. (a) For the three (3) year period from the Effective Date through October 15, 2019, the Licensee shall continue to own, operate and maintain the existing Broadband Fiber Institutional Network (the “I-Net”), for the Town’s non-commercial use pursuant to this Section 3.2. The Town shall have the right to continue using the I-Net to transmit any and all non-commercial uses and applications and signals that were being transmitted by the Town of Amherst and the Amherst Public Schools as of the Effective Date of this Renewal License, from and among those buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year period, as of October 15, 2019, the Licensee shall have no further obligations with respect to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining to the further operation of the I-Net. (b) The I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within the Town to all remote I-Net locations. Each location shall consist of six (6) fiber connectivity from the Hub Site which shall be used for a bi-directional link supporting all of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3, attached hereto, any use of the I-Net by the Town is the sole responsibility of the Town and not the Licensee. (c) The Licensee shall provide and maintain one (1) Institutional Network Connection to a node in each of the municipal buildings and sites identified in Exhibit 1 attached hereto, without charge to the Town and/or any designated institutions. The demarcation point between the Town’s equipment and the Licensee’s I-Net shall be at the node in each I-Net Building. (d) The Licensee shall be responsible for any Headend, I-Net Hub Site or other equipment necessary to make the I-Net function, including responsibility for the underlying I-Net or distribution cables, wires, amplifiers, if any, and switching equipment; provided, however, the Town shall be responsible for any Town-owned equipment which may need to be located in the Hub Site. The Town shall continue to provide the Licensee with appropriate space for and necessary access to the I-Net Hub Site at the Amherst Town Hall located at Four Boltwood Avenue per the specifications in Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation of the Hub Site requested by the Town shall be subject to payment by the Town of the Licensee’s actual costs for time and materials plus a reasonable rate of return, in accordance with applicable law. The Licensee shall continue to be responsible for equipment to enable the I-Net to interact with the Subscriber Network such that I-Net transmissions may be transmitted to the Headend on an I- Net channel and then to Subscribers on a PEG Access Channel. (e) For the three-year period specified in paragraph (a) above, the Licensee shall hold all rights and title in the I-Net but shall continue to provide the Town the right to use the I-Net, free of charge, throughout said three-year period, provided that the Town shall not lease any portion of the I-Net to any third party, allow the I-Net to be used by a third party for commercial purposes. (f) The Town’s use of the I-Net is subject to the following: (1) Any such use is at the Town’s sole risk and cost; and (2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligence. (g) The I-Net shall be operated, maintained and serviced by the Licensee pursuant to Exhibit 3, attached hereto and made a part hereof. (h) The I-Net shall be operated and maintained, at a minimum, in compliance with applicable FCC Technical Specifications. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other Users, the Licensee shall resolve the technical problem within twenty-four (24) hours of notice by the Town. Should the problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem, including the possibility of a performance test of the I-Net by the Licensee, if appropriate.
Appears in 2 contracts
Sources: Cable Television Renewal License, Cable Television Renewal License
Institutional Network. (a) For the three (3) year period from the Effective Date through October 15, 2019, the The Licensee shall continue to own, operate make available and maintain the its existing Broadband Fiber Institutional Network (the “I-Net”), for ) to be utilized by the Town’s non-commercial use pursuant to this Section 3.2. The , Town shall have department, the right to continue using the I-Net to transmit any Issuing Authority and all non-commercial uses and applications and signals that were being transmitted by the Town of Amherst its designees and the Amherst Public Schools as of Schools, in accordance with the Effective Date of this Renewal License, from and among those buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year period, as of October 15, 2019, the Licensee shall have no further obligations with respect to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining to the further operation of the I-Netterms herein.
(b) The I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within the Town net shall continue to all remote I-Net locations. Each location shall consist of six (6) fiber connectivity from the Hub Site which shall be used for a bi-directional link supporting all directional, split-band network capable of the Signal transmissions referenced in paragraph transmitting a minimum of ten (a10) above. Other than the criteria set forth in Exhibit 3, attached hereto, any use of the I-Net by the Town is the sole responsibility of the Town upstream channels and not the Licenseeten (10) downstream channels.
(c) The Licensee shall provide and maintain one (1) Institutional Network Connection to a node in each of the municipal buildings and sites identified in Exhibit 1 attached hereto, without charge to the Town and/or any designated institutions. The demarcation point between the Town’s equipment and the Licensee’s I-Net shall be at capable of transmitting video with accompanying audio transmissions from and to those municipal and school buildings identified in Exhibit 3.2. The Town may choose to utilize the node in each I-Net Buildingfor data purposes at its own risk. The Licensee does not support or maintain the I-Net for such use.
(d) The Licensee shall be responsible for any Headend, I-Net Hub Site shall continue to be interconnected to the Subscriber Network at the Headend, Hub-site or other equipment necessary functionally equivalent location (said location to make be determined at the sole discretion of the Licensee) in order that PEG Access Programming originating from the municipal and school buildings identified in Exhibit 3.2 can be sent upstream on an I-Net channel and then switched to the designated downstream Subscriber Network PEG Access channel. There shall be no charge to the Town or its designee(s) for said switching. In addition, the Licensee shall reconnect the I-Net functionDrop at the Old Hammondtown School, including responsibility for ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, by March 1, 2005. Comcast reserves the underlying I-Net or distribution cables, wires, amplifiers, if any, and switching equipment; provided, however, right to pass through the Town shall be responsible for any Town-owned equipment which may need to be located in the Hub Site. reconnection cost at said school.
(e) The Town Licensee shall continue to provide have the sole responsibility for maintaining the Institutional Network, except PEG Access and end-user equipment, and Town installed wiring or related devices, which are not under its control or ownership. The Licensee with appropriate space for and necessary access to shall maintain the I-Net Hub Site signal quality, and perform all inspections and performance tests, as prescribed by 47 CFR Part 76 for video with its accompanying audio signals provided by a cable television system to maintain the video and accompanying audio integrity of the Institutional Network.
(f) The Licensee shall provide a total of five (5) standard Drops to new Town or Public School buildings along the I-Net route upon no less than twelve (12) months written notice by the Issuing Authority to the Licensee. A standard aerial I-Net Drop and/or an underground I-Net Drop which are no more than one hundred fifty feet (150’) from the existing trunk and distribution system and additions thereto shall be provided by the Licensee to the Town or its designee(s) at the Amherst Town Hall located no cost, except when such underground drop is non-standard requiring trunk and distribution type (e.g. amplifier and feeder cable) construction, involves a hard surface or requires boring through rock or under sidewalks and asphalt street. Said non-standard underground I-Net Drop shall be provided at Four Boltwood Avenue per the specifications in Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached heretoa rate based upon actual costs and a reasonable return on investment. Any relocation of the Hub Site requested an existing I-Net Drop, an additional Drop or Outlet, or additional new extension(s), including a fiber extension, to a Town or Public School building, shall be paid for by the Town shall be subject to payment and/or the respective Public School system as determined by the Town Issuing Authority at the actual cost of the Licensee’s actual costs for time and materials installation plus a reasonable rate of return, in accordance with as allowed under applicable law. The Licensee shall continue to be responsible for equipment to enable shall, within a reasonable period of time after a written request by the I-Net to interact with Issuing Authority, provide a written estimate of the Subscriber Network such that I-Net transmissions may be transmitted to the Headend on an I- Net channel and then to Subscribers on a PEG Access Channel.
(e) For the three-year period specified in paragraph (a) above, the Licensee shall hold all rights and title in the I-Net but shall continue to provide the Town the right to use the I-Net, free of charge, throughout said three-year period, provided that the Town shall not lease any portion projected cost of the I-Net to any third party, allow the I-Net to be used by a third party for commercial purposes.
(f) The Town’s use of the I-Net is subject extension to the following:
(1Issuing Authority and shall in good faith discuss the specifics of such estimate(s) Any such use is at and less costly alternatives, if any, with the Town’s sole risk Issuing Authority and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligenceits representative(s).
(g) The ILicensee shall transition and maintain signal transport equipment for Mattapoisett, Mattapoisett and possibly Rochester to the Old Rochester Regional High School at ▇▇▇-Net ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Mattapoisett, Massachusetts. The Issuing Authority and/or its designee(s) shall be operated, maintained make available rack space for and serviced by shall allow access to said equipment at no charge to the Licensee pursuant to Exhibit 3, attached hereto and made a part hereof.
(h) The I-Net shall be operated and maintained, at a minimum, in compliance with applicable FCC Technical SpecificationsLicensee. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other UsersExcept for emergency situations, the Licensee shall resolve notify the technical problem within twenty-four (24) hours of notice Town or its designee prior to accessing the equipment. Any further relocation, as requested by the Town. Should the problem continue, the Issuing Authority and the Licensee shall meet for said ▇▇▇▇▇▇▇ equipment, will require twelve (12) months written notice to discuss a resolution of such problem, including the possibility of a performance test of the I-Net by the Licensee, if appropriate.
Appears in 1 contract
Sources: Cable Television Renewal License
Institutional Network. (a) For the three (3) year period from the Effective Date through October 15, 2019, the The Licensee shall continue to own, operate and maintain maintain, without charge(s) to the Town its existing Broadband Fiber Institutional Network (the “I-Net”). Said I-Net shall continue to be capable of providing not less than ten 6 MHZ channels in the downstream direction and providing not less than ten 6 MHz channels in the upstream direction Said I-Net shall be usable for point to point video and data transmissions between Town buildings. Further to I- Net, for the Town’s nonTown agrees to enter good faith negotiations with Licensee in the event Licensee offers alternative I-commercial Net technology equal or superior to those provided hereunder and in such negotiations the Town will consider use pursuant of such alternative I-Net technology, including use of I-Net channels having less than 6 MHz bandwidth, subject to this Section 3.2. mutual agreement of the parties.
(b) Designated users shall be able to transmit to other institutions using a modulator or modem with the cost of such end user equipment to be borne by user except as otherwise expressly provided herein and excepting the Town shall have title to any modulators and I-Net user equipment provided to the Town under the License.
(c) The Town shall have the exclusive right to continue using the program a minimum of ten (10) downstream I-Net to transmit any channels and all non-commercial uses and applications and signals that were being transmitted by the Town of Amherst and the Amherst Public Schools as of the Effective Date of this Renewal License, from and among those buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of the three ten (310) year period, as of October 15, 2019, the Licensee shall have no further obligations with respect to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining to the further operation of upstream channels on the I-Net.
(bd) The I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within the Town to all remote I-Net locations. Each location shall consist of six (6) fiber connectivity from the Hub Site which shall be used for a bi-directional link supporting all of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3, attached hereto, any use of the I-Net by the Town is the sole responsibility of the Town and not the Licensee.
(c) The Licensee shall provide and maintain one (1) Institutional Network Connection to a node in each of the municipal buildings and sites identified in Exhibit 1 attached hereto, without charge to the Town and/or any Town, an activated outlet to Public Buildings along the cable routes at the request of the Issuing Authority. Licensee shall continue to maintain I-Net drops and outlets to municipal and school buildings and classrooms wired for the same prior to the Effective Date or entitled to connection under the Prior License. (See Schedule 5.12 list) Licensee shall provide without charge to the Town, twenty-five (25) additional such outlets to public buildings along its cable routes, designated institutionsby the Issuing Authority and listed in Schedule 5.12. The demarcation point between Issuing Authority may request I-Net outlets in addition to the Town’s equipment and the Licensee’s foregoing for public buildings that Licensee shall install at cost. Connections to said I-Net shall be at completed within sixty (60) days after a request thereof from the node Issuing Authority. Licensee shall discuss the location of each connection with the proper officials in each of the buildings/institutions designated to receive a drop prior to the installation of such a drop. The location of all I-Net Buildingdrops shall be determined jointly by the Licensee and the Issuing Authority, or its designee.
(de) The Unless otherwise provided herein, the Town and its designated I-Net users shall be solely responsible for the purchase, maintenance and replacement of any and all user terminal equipment such as modems and modulators, however, the Licensee shall be responsible for any Headendthe I-Net distribution system, headend, I-Net Hub Site hub site or other equipment necessary to make the I-Net function, including responsibility for the underlying I-I- Net or distribution cables, wires, amplifiers, if any, amplifiers and switching equipment; provided, however. Upon request, the Town shall be responsible for any Town-owned equipment which may need agrees to be located in the Hub Site. The Town shall continue exercise best efforts to provide the Licensee with appropriate space for and necessary access to the I-an I- Net Hub Site at the Amherst Town Hall located at Four Boltwood Avenue per the specifications in Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation of the Hub Site requested by the Town shall be subject to payment by the Town of the Licensee’s actual costs for time and materials plus a reasonable rate of return, in accordance with applicable lawhub site. The Licensee shall continue to also be responsible for equipment to enable the I-Net to interact with the Subscriber Network such that I-Net transmissions may be transmitted upstream to the Headend on an I- headend via the I-Net channel and then to Subscribers downstream on a PEG an Access Channel.
(ef) For the three-year period specified in paragraph (a) above, the The Licensee shall hold all rights and title in the physical property of the I-Net Net, but shall continue to provide the Town the right to use a portion of the I-NetNet in accordance with the terms herein, free of charge, throughout said three-year period, provided that the remaining term of this License subject to the following conditions:
(1) The Town shall may not lease out any portion of the I-Net to any third party, party or allow the I-Net to be used by a third party for commercial purposes.
(f) The Town’s use purposes except by agreement of the I-Net is subject to the following:
(1) Any such use is at the Town’s sole risk Licensee and cost; andIssuing Authority.
(2) The Town indemnifies may install its preferred equipment, provided, however, the equipment to be used has been pre-approved for technical compatibility by Licensee in advance of connection to the I-Net. Pre-purchase approval by the Licensee is recommended.
(3) Notwithstanding the initial availability of ten upstream and ten downstream I-net channels to the Town under Subparagraph (c), upon demonstrated need, if any, the Town may have available use of additional I-Net channels up to a total of fifty percent (50%) of the downstream capacity (including the original ten) of the I-Net and a total of fifty percent (50%) of the upstream capacity (including the original ten) of the I-Net for municipal and school use. The remaining capacity of the I-Net (50% of the upstream and downstream channels) shall be reserved by the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by its exclusive use, provided that the Licensee’s gross negligenceuse shall not interfere with the municipal use;
(g) The Licensee shall be responsible for maintenance of the I- Net in accordance with the following provisions:
(1) Licensee shall maintain I-Net video signal quality as prescribed by FCC Rules and Regulations, Part 76.
(g2) Licensee shall reasonably determine and assign the transmit and receive frequencies for all I-Net users subject to reasonable consultation with the users.
(3) Licensee shall determine and design the correct signal strength levels necessary at each location subject to reasonable consultation with the users.
(4) The I-Net shall be operated, maintained usable for transmission of not less than 10 mbs and serviced Licensee shall not interfere or in any way prohibit user interconnection of multiple work stations/computers or school or municipal Local Area Networks to multi-user modems provided by the Licensee pursuant to Exhibit 3, attached hereto and made a part hereofmunicipal or school departments.
(h) The I-Net shall be operated and maintained, at a minimum, in compliance with applicable FCC Technical Specifications. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership Upon written request of the Town, Licensee and installed by will provide the Town or other Userswith reasonable engineering assistance, subject to availability, by its staff during the Licensee shall resolve term of this License to assist ▇▇▇▇▇▇▇▇▇ in developing the technical problem within twenty-four (24) hours of notice by the Town. Should the problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem, including the possibility of a performance test use of the I-Net by the Licensee, if appropriateor return capability.
Appears in 1 contract
Sources: Cable Television License
Institutional Network. (a) For the three (3) year period from the Effective Date through October 15, 2019, the The Licensee shall continue to ownoperate, operate maintain and maintain the repair its existing Broadband Fiber separate Institutional Network (the “"I-Net”") to be utilized by the Town, it designee(s), for and/or the Town’s non-commercial use pursuant to this Section 3.2Licensee. The Town shall have the right to continue using the I-Net to transmit any and all non-commercial uses and applications and signals that were being transmitted by the Town of Amherst and the Amherst Public Schools as of Upon the Effective Date of this Renewal License, from and among those buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of Licensee shall make available to the Town three (3) year periodUpstream Channels and three (3) Downstream Channels on the I-Net, as for the exclusive use of October 15the Town and its designees. Said channels shall continue to be capable of distributing video, 2019, the Licensee shall have no further obligations with respect audio and data to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining all designated Town owned non-school and school buildings ("I-Net Buildings") currently connected to the further operation I-Net, and identified in Exhibit 3.4(a) attached hereto. Subject to Section 3.4(d) and (i) below, there shall be no charge to the Town for its use of the I-Net.
(b) The I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within the Town to all remote I-Net locations. Each location shall consist of six Within ninety (690) fiber connectivity from the Hub Site which shall be used for a bi-directional link supporting all of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3, attached hereto, any use of the I-Net days and upon written notification by the Town is Issuing Authority, the sole responsibility of the Town and not the Licensee.
(c) The Licensee shall provide and maintain one (1) Institutional Network Connection to a node in each of the municipal buildings and sites identified in Exhibit 1 attached heretoprovide, without charge to the Town and/or any designated institutions. The demarcation point between the Town’s equipment and the Licensee’s , one I-Net shall be at the node in each I-Net Building.
(d1) The Licensee shall be responsible for any Headend, I-Net Hub Site or other equipment necessary drop and/or outlet to make the I-Net function, including responsibility for the underlying I-Net or distribution cables, wires, amplifiers, if any, and switching equipmentsuch municipally owned building; provided, however, such municipally owned building shall be along the I-Net Trunk and Distribution System and such I-Net drop and/or outlet is a standard aerial or underground installation pursuant to Section 3.2. If a requested I-Net drop and/or outlet to municipally owned building(s) require a standard underground installation, the Licensee shall install such I-Net drop and/or outlet within one hundred eighty (180) days after receipt of the Issuing Authority’s written request. If a requested I-Net drop and/or outlet, pursuant to this Section 3.17(b), is not a standard aerial or underground installation the Town shall be responsible for any Town-owned equipment which may need to be located in all additional material and labor cost(s), plus a reasonable rate of return. In the Hub Site. The Town shall continue to provide the Licensee with appropriate space for and necessary access to the event a requested I-Net Hub Site at drop and/or outlet, pursuant to this Section 3.17(b), is not along the Amherst Town Hall located at Four Boltwood Avenue per the specifications in Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation of the Hub Site requested by I- Net Trunk and Distribution System the Town shall be subject to payment by the Town of the Licensee’s actual costs responsible for time all material and materials labor cost(s), plus a reasonable rate of return, in accordance associated with applicable law. The Licensee shall continue to be responsible for equipment to enable extending the I-Net to interact with the Subscriber Network such that I-Net transmissions may be transmitted to the Headend on an I- Net channel Trunk and then to Subscribers on a PEG Access ChannelDistribution System.
(e) For the three-year period specified in paragraph (a) above, the Licensee shall hold all rights and title in the I-Net but shall continue to provide the Town the right to use the I-Net, free of charge, throughout said three-year period, provided that the Town shall not lease any portion of the I-Net to any third party, allow the I-Net to be used by a third party for commercial purposes.
(f) The Town’s use of the I-Net is subject to the following:
(1) Any such use is at the Town’s sole risk and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligence.
(gc) The I-Net shall be operatedcapable of transmitting between the Town Buildings and other institutions within the Town among other things, maintained electronic mail, data, interactive teaching, energy management monitoring of municipal buildings and serviced municipal training. The Licensee has no obligation to provide the Town with equipment necessary for these uses of the I-Net.
(d) With the Licensee’s written permission, the Town may use the I-Net for data transmission purposes. In the event that there are increased maintenance costs as a result from the Town's use of the I-Net for data transmission purposes, the Licensee may charge the Town for such increased costs, pursuant to Section 3.4(i) below.
(e) The Issuing Authority and/or its designee(s) shall only use the I-Net for municipal and/or educational purposes, data transmission and/or other non-commercial purposes and not for sale or lease for non-municipal uses. The I-Net shall not be used by the Town and/or its designee to transmit or receive any audio, video or data communication(s) from, or to, any other multi-programming provider without the Licensee’s written permission. Except with the written permission of the Licensee, the I-Net may not be used by the Town and/or its designee(s) to transmit or receive any communication (in whatever form, whether video, audio, data, voice or otherwise) destined to or originating from any switched network, including, but not limited to, the facilities of any local or long distance telephone company, or any such communication for which the Licensee pursuant to Exhibit 3offers and can provide the Town transmission service.
(f) The Issuing Authority or its designee shall provide the Licensee each year with a description of its uses of the I-Net.
(g) The Licensee shall have the sole responsibility for maintaining the I-Net for the term of this Renewal License; provided, attached hereto however, that the Licensee shall have no responsibility for equipment not directly under its control or ownership. The Licensee shall be responsible for all necessary inspections and made a part hereofperformance tests of the I-Net.
(h) The I-Net shall be operated and maintained, at a minimum, in compliance with applicable FCC Technical Specifications. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other UsersLicensee, the Licensee shall resolve the technical problem within twenty-four (24) hours a reasonable amount of notice by the Towntime. Should the a technical problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem, including problem(s).
(i) Any and all I-Net related costs shall be strictly allocated between the possibility of a performance test Town and the Licensee according to each entity's use of the I-Net, including but not limited to, construction, installation, operational and maintenance costs. If requested to do so by the Issuing Authority, in writing, the Licensee shall itemize and verify all such allocable I-Net costs, in sufficient detail to enable the Issuing Authority to independently verify that such costs have been allocated as required. Unless agreed to otherwise, the Licensee shall provide said costs, in writing, within thirty (30) days of a request to do so by the Issuing Authority.
(j) The Town shall hold the Licensee harmless at all times during the term of this Renewal License and after its expiration from any and all claims, actions and/or proceedings arising out of the actions of the Town, its designee(s) and/or departments in transmitting, conveying or otherwise carrying, or failing to transmit, convey or otherwise carry, any and all data transmissions originated and/or generated by the Town on the I-Net channels made available to, and used by, the Town, its designee(s) and/or departments. The Town shall, without charge to the Licensee, if appropriatedefend any such claim, action or proceeding.
Appears in 1 contract
Sources: Cable Television Renewal License
Institutional Network. (a) For the three (3) year period from the Effective Date through October 15, 2019, the The Licensee shall continue to ownprovide, operate operate, maintain and maintain make available to the existing Broadband Fiber Issuing Authority and its designees the current, separate Institutional Network (the “I-Net”), for audio, video and data Signals at the Town’s non-commercial use pursuant to this Section 3.2. The Town shall have the right to continue using the I-Net to transmit any and all non-commercial uses and applications and signals that were being transmitted by the Town of Amherst and the Amherst Public Schools current levels as of the Effective Execution Date, for a period of twelve (12) months from the Execution Date of this Renewal License, from and among those buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year During said 12-month period, as of October 15, 2019the I-Net shall provide thirty-one (31) Upstream Channels and seventeen (17) Downstream Channels. Thereafter, the Licensee shall have no further obligations with respect to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining make available to the further operation Town no more than four (4) I-Net Upstream Channels and four (4) I-Net Downstream Channels for PEG Access audio and video Signal purposes only, which are transmitted by the Access Corporation or the Town. The I-Net shall be interconnected with the Subscriber Network at the Headend, Hub Site or other location at the discretion of the Licensee in order to permit simultaneous two-way video and audio transmissions between the designated buildings on the I-Net. The I-Net shall be capable of connecting the Subscriber Network and the I-Net. During said 12-month period, the Licensee may use one (1) Upstream and One (1) Downstream I-Net Channel only for Pilot Channel use in order to balance the I-Net.
(b) The For a period of twelve (12) months from the Execution Date of this Renewal License, the Licensee shall provide, operate, maintain and make available the existing I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within Drops as indicated in Exhibit 1a, without charge(s) to the Issuing Authority, the Town and/or its departments, and/or the Access Corporation. Thereafter the Licensee shall only be required to all remote I-Net locations. Each location shall consist of six (6) fiber connectivity from the Hub Site which shall be used for a bi-directional link supporting all of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3provide, attached heretooperate, any use of maintain and make available the I-Net by Drops as indicated in Exhibit 1b, without charge(s) to the Issuing Authority, the Town is and/or its departments, and/or the sole responsibility Access Corporation, for the transmission of the Town video and not the Licenseeaudio Signals.
(c) The Licensee shall provide and maintain one (1) Institutional Network Connection to a node in each In the event that construction of the municipal buildings and sites identified in Exhibit 1 attached hereto, without charge to the Town and/or any designated institutions. The demarcation point between the Town’s equipment fiber network is delayed beyond said twelve (12) months period for reasons outside of the control of the Town, the Town shall notify the Licensee in writing no less than 30 days prior to the end of the initial 12 month period. The License may extend the period to provide, operate, maintain and make available the Licensee’s existing I-Net shall be at the node Drops indicated in each I-Net Building.
(d) The Licensee shall be responsible for any HeadendExhibit 1a, I-Net Hub Site or other equipment necessary to make the I-Net function, including responsibility for the underlying I-Net or distribution cables, wires, amplifiers, if any, and switching equipment; provided, however, the Town shall be responsible for any Town-owned equipment which may need to be located in the Hub Site. The Town shall continue to provide the Licensee with appropriate space for and necessary access to the I-Net Hub Site at the Amherst Town Hall located at Four Boltwood Avenue per the specifications in Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation of the Hub Site requested by the Town shall be subject to payment by the Town of the Licensee’s actual costs for time and materials plus a reasonable rate of return, in accordance with applicable law. The Licensee shall continue to be responsible for equipment to enable the I-Net to interact with the Subscriber Network such that I-Net transmissions may be transmitted to the Headend on an I- Net channel and then to Subscribers on a PEG Access Channel.
(e) For the three-year period specified in paragraph (a) above, the Licensee shall hold all rights and title in the I-Net but shall continue to provide the Town the right to use the I-Net, free of charge, throughout said three-year period, provided that the Town shall not lease request the Licensee to provide the existing Drops beyond twenty-four (24) months after the Execution Date. Such request by the Town shall not be unreasonably denied by the Licensee. Nothing herein shall require the License to be responsible for any portion of the capital costs related to said I-Net to any third party, allow the I-Net to be used by a third party Drops for commercial purposesreplacement during such extended period.
(f) The Town’s use of the I-Net is subject to the following:
(1) Any such use is at the Town’s sole risk and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligence.
(gd) The I-Net shall be operatedcapable of transmitting audio and video I-Net Signals between the municipal, maintained public school and serviced by the Licensee pursuant to Exhibit 3other public buildings listed in Exhibits 1a and 1b, attached hereto and made a part hereof. Remote I-Net video and audio PEG Access Signals shall be sent on an I- Net Upstream Channel to said Headend, Hub Site or other location, where such Signal(s) shall be reprocessed, switched and designated on the appropriate PEG Access Downstream Channel on the Subscriber Network. The Licensee shall be responsible for the automatic switching of said audio and video I-Net Upstream Signal(s) to the appropriate Subscriber Network PEG Access Downstream Channel(s). The Issuing Authority, its designee and/or the Access Corporation shall be responsible for all manual switching of said audio and video I-Net Upstream Signal(s) to the appropriate Subscriber Network PEG Access Downstream Channel. Said PEG Access Signal switching shall be performed by the Licensee at no cost to the Town and/or other I-Net User(s). Any other PEG Access switching shall be performed by the Town, its designee(s) and/or the Access Corporation, at their sole cost and expense.
(e) For said twelve (12) month period, the Licensee shall maintain the I-Net Drops identified in
(f) There shall be no charges and/or costs to the Issuing Authority, the Town, its designees and/or the Access Corporation for the continued use, operation, and maintenance of the I-Net for the entire term of this Renewal License. The Licensee may charge such costs to Subscribers in accordance with applicable law(s).
(g) In Year One only of this Renewal License, the Licensee shall make semi annual payments to the Issuing Authority or it’s designee. The first payment shall be based on the six-month period from the Effective Date of this Renewal License through October 31, 2005 and shall constitute one percent (1.0%) of the Licensee's Gross Annual Revenues for that time period. Said first semi-annual payment shall be due and payable to the Issuing Authority or it’s designee no later than December 31, 2005. The second semi-annual payment shall be made to the Issuing Authority or its designee based on the six-month period from November 1, 2005 through April 30, 2006 and shall constitute one percent (1.0%) of the Licensee's Gross Annual Revenues for that time period. Said second semi-annual payment shall then be due and payable to the Issuing Authority or designee no later than June 1, 2006. Said payments shall be for the purpose of further developing a town-owned fiber optic network for data transmission purposes, among other related things.
(h) The I-Net Licensee shall file with each such payment made pursuant to Section 3.2(g), a Gross Annual Revenues reporting form certified by an authorized agent of the Licensee.
(i) In no case shall said one percent (1.0%) payment(s) include or be counted against (i) the PEG Access Equipment/Capital funding required by Section 6.5 below; (ii) the PEG Access annual payments required by Section 6.5 below; and, (iii) any other fees or payments required by applicable law; provided, however, that said one percent (1.0%) payment shall be operated a Franchise Fee, as defined, and maintained, at a minimum, in compliance with applicable FCC Technical Specifications. subject to the five percent (5%) federal cap on such Franchise Fees
(j) In the event that there the payments required herein are technical problems with not tendered on or before the I-Netdates fixed herein, excluding any devices, hardware or software not under interest due on such payments accrue from the control or ownership of date due at two percent (2%) above the Licensee and installed by the Town or other Users, the Licensee shall resolve the technical problem within twenty-four (24) hours of notice by the Town. Should the problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem, including the possibility of a performance test of the I-Net by the Licensee, if appropriatePrime Rate.
Appears in 1 contract
Sources: Cable Television Renewal License
Institutional Network. (a) For the three (3) year period from the Effective Date through October 15, 2019, the The Licensee shall continue to own, operate make available and maintain the its existing Broadband Fiber Institutional Network (the “I-Net”), for ) to be utilized by the Town’s non-commercial use pursuant to this Section 3.2. The , Town shall have department, the right to continue using the I-Net to transmit any Issuing Authority and all non-commercial uses and applications and signals that were being transmitted by the Town of Amherst its designees and the Amherst Public Schools as of Schools, in accordance with the Effective Date of this Renewal License, from and among those buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year period, as of October 15, 2019, the Licensee shall have no further obligations with respect to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining to the further operation of the I-Netterms herein.
(b) The I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within the Town net shall continue to all remote I-Net locations. Each location shall consist of six (6) fiber connectivity from the Hub Site which shall be used for a bi-directional link supporting all directional, split-band network capable of the Signal transmissions referenced in paragraph transmitting a minimum of ten (a10) above. Other than the criteria set forth in Exhibit 3, attached hereto, any use of the I-Net by the Town is the sole responsibility of the Town upstream channels and not the Licenseeten (10) downstream channels.
(c) The Licensee shall provide and maintain one (1) Institutional Network Connection to a node in each of the municipal buildings and sites identified in Exhibit 1 attached hereto, without charge to the Town and/or any designated institutions. The demarcation point between the Town’s equipment and the Licensee’s I-Net shall be at capable of transmitting video with accompanying audio transmissions from and to those municipal and school buildings identified in Exhibit 3.2. The Town may choose to utilize the node in each I-Net Buildingfor data purposes at its own risk. The Licensee does not support or maintain the I-Net for such use.
(d) The Licensee shall be responsible for any Headend, I-Net Hub Site shall continue to be interconnected to the Subscriber Network at the Headend, Hub-site or other equipment necessary functionally equivalent location (said location to make be determined at the sole discretion of the Licensee) in order that PEG Access Programming originating from the municipal and school buildings identified in Exhibit 3.2 can be sent upstream on an I-Net channel and then switched to the designated downstream Subscriber Network PEG Access channel. There shall be no charge to the Town or its designee(s) for said switching.
(e) The Licensee shall continue to have the sole responsibility for maintaining the Institutional Network, except PEG Access and end-user equipment, and Town installed wiring or related devices, which are not under its control or ownership. The Licensee shall maintain the I-Net function, including responsibility for the underlying I-Net or distribution cables, wires, amplifiers, if anysignal quality, and switching equipment; providedperform all inspections and performance tests, however, as prescribed by 47 CFR Part 76 for video with its accompanying audio signals provided by a cable television system to maintain the video and accompanying audio integrity of the Institutional Network.
(f) The Licensee shall provide a total of five (5) standard Drops to new Town shall be responsible for any Town-owned equipment which may need to be located in the Hub Site. The Town shall continue to provide the Licensee with appropriate space for and necessary access to or Public School buildings along the I-Net Hub Site route upon no less than twelve (12) months written notice by the Issuing Authority to the Licensee. A standard aerial I-Net Drop and/or an underground I-Net Drop which are no more than one hundred fifty feet (150’) from the existing trunk and distribution system and additions thereto shall be provided by the Licensee to the Town or its designee(s) at the Amherst Town Hall located no cost, except when such underground drop is non-standard requiring trunk and distribution type (e.g. amplifier and feeder cable) construction, involves a hard surface or requires boring through rock or under sidewalks and asphalt street. Said non-standard underground I-Net Drop shall be provided at Four Boltwood Avenue per the specifications in Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached heretoa rate based upon actual costs and a reasonable return on investment. Any relocation of the Hub Site requested an existing I-Net Drop, an additional Drop or Outlet, or additional new extension(s), including a fiber extension, to a Town or Public School building, shall be paid for by the Town shall be subject to payment and/or the respective Public School system as determined by the Town Issuing Authority at the actual cost of the Licensee’s actual costs for time and materials installation plus a reasonable rate of return, in accordance with as allowed under applicable law. The Licensee shall continue to be responsible for equipment to enable shall, within a reasonable period of time after a written request by the I-Net to interact with Issuing Authority, provide a written estimate of the Subscriber Network such that I-Net transmissions may be transmitted to the Headend on an I- Net channel and then to Subscribers on a PEG Access Channel.
(e) For the three-year period specified in paragraph (a) above, the Licensee shall hold all rights and title in the I-Net but shall continue to provide the Town the right to use the I-Net, free of charge, throughout said three-year period, provided that the Town shall not lease any portion projected cost of the I-Net to any third party, allow the I-Net to be used by a third party for commercial purposes.
(f) The Town’s use of the I-Net is subject extension to the following:
(1Issuing Authority and shall in good faith discuss the specifics of such estimate(s) Any such use is at and less costly alternatives, if any, with the Town’s sole risk Issuing Authority and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligenceits representative(s).
(g) The ILicensee shall transition and maintain signal transport equipment for Marion, Mattapoisett and possibly Rochester to the Old Rochester Regional High School at ▇▇▇-Net ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Mattapoisett, Massachusetts. The Issuing Authority and/or its designee(s) shall be operated, maintained make available rack space for and serviced by shall allow access to said equipment at no charge to the Licensee pursuant to Exhibit 3, attached hereto and made a part hereof.
(h) The I-Net shall be operated and maintained, at a minimum, in compliance with applicable FCC Technical SpecificationsLicensee. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other UsersExcept for emergency situations, the Licensee shall resolve notify the technical problem within twenty-four (24) hours of notice Town or its designee prior to accessing the equipment. Any further relocation, as requested by the Town. Should the problem continue, the Issuing Authority and the Licensee shall meet for said ▇▇▇▇▇▇▇ equipment, will require twelve (12) months written notice to discuss a resolution of such problem, including the possibility of a performance test of the I-Net by the Licensee, if appropriate.
Appears in 1 contract
Sources: Cable Television Renewal License
Institutional Network. (a) For No later than the three completion of the construction of the Subscriber Network, referenced in Section 3.1 above or twenty-four (324) year period months from the Effective Execution Date through October 15of the Final License, 2019whichever is earlier, the Licensee shall continue to ownconstruct, install, activate, operate and maintain the existing Broadband Fiber maintain, at its sole cost and expense, a multi-strand, single mode fiber-optic Institutional Network (the “"I-Net”), ") for the Town’s non-commercial exclusive use pursuant to this Section 3.2of the Issuing Authority, its designees and/or other Town Users. The Town shall have the right to continue using This initial completion of the I-Net shall be to transmit any and all non-commercial uses and applications and signals that were being transmitted locations specified by the Town Issuing Authority or its designee not later than one hundred twenty (120) days prior to whichever of Amherst the dates required in this paragraph (a) that the Issuing Authority or its designee and the Amherst Public Schools as of the Effective Date of this Renewal License, from and among those Licensee have agreed applies. Any future Town and/or School buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year period, as of October 15, 2019, the Licensee shall have no further obligations with respect be connected to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining to the further operation of the I-NetNet upon request of the Issuing Authority.
(b) The Said I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within shall be bridged to the Town to all remote Subscriber Network at the RCN Hub. Said I-Net locations. Each location shall consist of six (6) fiber connectivity from the Hub Site which shall be used for a bi-directional link supporting capable of distributing video, voice and data to all of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3, attached hereto, any use of designated Town and school buildings connected to the I-Net. I-Net by switching shall be the Town is the sole responsibility of the Town and not Licensee for the Licenseeentire term of the Final License.
(c) The Licensee shall provide and maintain one (1) Institutional Network Connection to a node in each of the municipal buildings and sites identified in Exhibit 1 attached hereto, without charge to the Town and/or any designated institutions. The demarcation point between the Town’s equipment and the Licensee’s I-Net shall be at comply in all respects with the node in each I-Net Building"General/Technical Description of the Stoneham Institutional Network", including equipment specified therein, attached hereto as Exhibit 3.2(a) and made a part hereof.
(d) The Licensee single-mode fiber-optic strands shall be responsible for any Headend, interconnect each of the buildings ("I-Net Hub Site or other equipment necessary Buildings"), as specified in Exhibit 3.2(b) attached hereto, to make the I-Net function, including responsibility for Net's Hub location using a star network topology. There shall be two (2) single-mode fiber optic strands (single pair) interconnected to each of the underlying buildings (“I-Net or distribution cablesBuildings”) listed in Exhibit 3.2(b), wires, amplifiers, if any, except that certain buildings so designated in Exhibit 3.2(b) and switching equipment; provided, however, all future buildings designated by the Town shall be responsible for any Townhave four (4) single-owned equipment which may need to mode fiber-optic strands (two pairs) so interconnected. The I-Net hub will be located in the Hub SiteTown Hall. The Town fiber-optic strands shall continue to provide the Licensee with appropriate space for and necessary access to interconnect the I-Net Net's Hub Site at the Amherst Town Hall located at Four Boltwood Avenue per the specifications in Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation of the Hub Site requested by the Town shall be subject to payment by the Town of the Licensee’s actual costs for time and materials plus a reasonable rate of return, in accordance with applicable law. The Licensee shall continue to be responsible for equipment to enable the I-Net to interact with the Subscriber Network such that I-Net transmissions may be transmitted to the Headend on an I- Net channel and then to Subscribers on a PEG Access ChannelRCN Hub location.
(e) For the three-year period specified in paragraph (a) above, the Licensee shall hold all rights and title in the I-Net but shall continue to provide the Town the right to use the I-Net, free of charge, throughout said three-year period, provided that the Town shall not lease any portion of the I-Net to any third party, allow the I-Net to be used by a third party for commercial purposes.
(f) The Town’s use of the I-Net is subject to the following:
(1) Any such use is at the Town’s sole risk and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligence.
(g) The I-Net shall be operatedcapable of providing voice, maintained video and serviced data services between the I-Net Buildings by the Town during the term of the Final License. Any and all Signals on the I-Net shall be those specified by the Town.
(f) Each pair of single mode fiber cables shall be terminated by the Licensee pursuant at a Licensee- provided fiber patch-panel at each I-Net site location and at the Stoneham Town Hall.
(g) The Licensee shall maintain and replace, in a timely manner and as provided below, all equipment that is part of the I-Net without any charges(s) to Exhibit 3the Town, attached hereto Issuing Authority and/or Subscribers. The Town shall maintain and made a part hereofreplace any end-user equipment that it owns or operates.
(h) The I-Net shall be operated maintained by the Licensee as follows:
(1) The I-Net shall be maintained at all times in the Downstream and maintained, at a minimum, in compliance Upstream mode(s) to conform with applicable FCC Technical Specifications. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other Users, the Licensee shall resolve the technical problem within twenty-four (24) hours of notice by the Town. Should the problem continue, the Issuing Authority standards and the Licensee shall meet document how its regular- monitoring procedures serve to discuss a resolution of such problem, including achieve that result. Such documentation shall be made available to the possibility of a performance test of the Issuing Authority and/or its designee upon reasonable request.
(2) The Licensee's response to all I-Net by outages or significant service degradation shall meet the Licenseesame standards as its response to Subscriber Network outages, if appropriate.but in any case within two
Appears in 1 contract
Sources: Cable Television License
Institutional Network. (a) For the three No later than twenty-one (321) year period months from the Effective Execution Date through October 15, 2019of the Final License, the Licensee shall continue to ownconstruct, install, activate, operate and maintain the existing Broadband Fiber maintain, at its sole cost and expense, a two (2) single mode fiber-optic Institutional Network (the “"I-Net”), ") for the Town’s non-commercial exclusive use pursuant to this Section 3.2. The Town shall have the right to continue using the I-Net to transmit any and all non-commercial uses and applications and signals that were being transmitted by the Town of Amherst and the Amherst Public Schools as of the Effective Date of this Renewal LicenseIssuing Authority, from and among those buildings listed its designees and/or other Town Users. In the event that the Licensee cannot obtain underground permits in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year period, as of October 15, 2019timely manner, the Licensee shall have no further obligations with respect twenty-seven (27) months from the Execution Date of the Final License to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining to the further operation complete construction of the I-Net. This initial completion of the I-Net shall be to all locations specified by the Issuing Authority or its designee not later than one hundred twenty (120) days prior to whichever of the dates required in this paragraph
(a) that the Issuing Authority or its designee and the Licensee have agreed applies.
(b) The Said I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within shall be bridged to the Town to all remote Subscriber Network at the Hub. Said I-Net locations. Each location shall consist of six (6) fiber connectivity from the Hub Site which shall be used for a bicapable of distributing video, audio and data to all designated non-directional link supporting all of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3, attached hereto, any use of school and school buildings connected to the I-Net. I-Net by switching shall be the Town is the sole responsibility of the Town and not Licensee for the Licenseeentire term of the Final License.
(c) The Licensee shall provide maintain and maintain one (1) Institutional Network Connection to replace in a node in each timely manner all equipment that is part of the municipal buildings and sites identified in Exhibit 1 attached heretoI-Net without any charge(s) to the Issuing Authority, without charge to the Town and/or any designated institutionsSubscribers. The demarcation point between the Town’s Town shall maintain and replace any end-user equipment that it owns and the Licensee’s I-Net shall be at the node in each I-Net Buildingoperates.
(d) The Licensee shall be responsible for any Headend, I-Net Hub Site or other equipment necessary to make shall comply in all respects with the I-Net function"General Description of the Lexington Institutional Network", including responsibility for the underlying I-Net or distribution cablesequipment specified therein, wires, amplifiers, if any, attached hereto as Exhibit 2 and switching equipment; provided, howevermade a part hereof. Furthermore, the Town optical fiber shall be responsible for any Town-owned equipment which may need to be located in the Hub Site. The Town shall continue to provide the Licensee with appropriate space for and necessary access to the I-Net Hub Site at the Amherst Town Hall located at Four Boltwood Avenue per equivalent to, or better than, the specifications in for Corning« SMF-28Ö CPC Single-Mode Optical Fiber, attached hereto as the Attachment to Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation of the Hub Site requested by the Town shall be subject to payment by the Town of the Licensee’s actual costs for time and materials plus a reasonable rate of return, in accordance with applicable law. The Licensee shall continue to be responsible for equipment to enable the I-Net to interact with the Subscriber Network such that I-Net transmissions may be transmitted to the Headend on an I- Net channel and then to Subscribers on a PEG Access Channel.
(e) For The two (2) single-mode fiber-optic strands shall interconnect each of the three-year period specified in paragraph buildings (a) above, the Licensee shall hold all rights and title in the IôI-Net but shall continue to provide Buildingsö), specified by the Town Issuing Authority or its designee during the right to use the I-Net, free of charge, throughout said three-year period, provided that the Town shall not lease any portion term of the I-Net Final License, to any third party, allow the I-Net to be used by Licensee's Hub location using a third party for commercial purposesstar network topology.
(f) The Town’s use of the I-Net is subject to the following:
(1) Any such use is at the Town’s sole risk and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligence.
(g) The I-Net shall be operatedcapable of providing voice, maintained video and serviced data services between the I-Net Buildings by the Town during the term of the Final License. The Licensee pursuant shall provide professional consulting services to Exhibit 3, attached hereto the Town in order to facilitate video and made data transmission capacity over the I-Net. Designated Users shall be able to transmit to other institutions using a part hereofmodulator and/or other necessary equipment. Any and all Signals on the I-Net shall be those specified by the Town.
(g) Two (2) single-mode fibers shall have a Licensee-provided Termination at each I- Net Building. One (1) fiber shall be used for upstream transmission from the I-Net to the Licensee's Hub location in the Town. The second fiber shall be used for downstream transmissions.
(h) The I-Net shall be maintained by the Licensee as follows:
(1) The I-Net shall be maintained at all times in the downstream and upstream mode(s) to conform with applicable FCC standards and the Licensee shall document how its regular-monitoring procedures serve to achieve that result. Such documentation shall be made available to the Issuing Authority and/or its designee upon reasonable demand.
(2) The LicenseeÆs response to all I-Net outages or significant service degradation shall meet the same standards as its response to Subscriber Network outages, but in any case within two (2) hours of notification or when the Licensee knew of the outage or should have known of the outage, whichever is earlier.
(3) The Town shall identify, and provide to the Licensee, the name and a telephone number for the I-Net Administrator.
(4) For scheduled I-Net maintenance activities, and scheduled Subscriber Network maintenance activities that may impact the I-Net, whether initiated at the Town's request or by the Licensee, the Licensee shall provide a minimum of one (1) week notice to the I-Net Administrator, unless otherwise agreed to by the I-Net Administrator.
(5) For all Cable System maintenance activities likely to impact I-Net service, scheduled or otherwise, the Licensee shall notify the I-Net Administrator prior to the commencement of any such work.
(6) All requests for I-Net maintenance shall be coordinated by the I-Net Administrator.
(7) In the event that the Subscriber Network and the I-Net experience an outage simultaneously, it is the understanding of the parties hereto that the Licensee's first priority is to repair the Subscriber Network.
(8) The I-Net Administrator shall approve, in writing, changes regarding I-Net channel assignments before they occur, which approval shall not be unreasonably denied.
(i) The Town shall have the right hereto to use the I-Net for any non-commercial purposes whatsoever, including, but not limited to, carrying Internet Service(s) from third parties for Town use on the I-Net for the Town's internal use only, without charges of any kind levied by the Licensee.
(j) The Licensee shall supply the appropriate connector so as to allow ht e User(s) origination capability at the institutions specified by the Town during the term of the Final License.
(k) The Licensee shall use its best efforts to work with the Issuing Authority and its designee(s) to meet the TownÆs reasonable needs in connection with the TownÆs use and development of the I-Net, including, but not limited to, making available to the Town a reasonable amount of professional consultation regarding the use and development of the I-Net, from its in-house personnel, on an annual basis, without charge(s) to the Town. The Licensee shall provide the Town adequate space (including rack space, power, and air conditioning) in, and 24-hour per day, every day, access to, the Hub for the purpose of accomplishing the terminating, switching, and other activities which are the TownÆs responsibilities at the Hub.
(l) Construction, installation and activation of each free-of-charge Drop and Outlet(s) to each of the I-Net buildings shall be completed within sixty (60) days of designation by the Town, for aerial Drops, and within one hundred twenty (120) days of designation by the Town, for underground Drops, weather permitting, or such later date as may be mutually agreed upon by the parties. The Licensee shall discuss the location of each connection with the appropriate officials in each of the I-Net Buildings designated to receive a Drop or Outlet, prior to the installation of such a Drop or Outlet. The Town shall designate such officials in writing to the Licensee.
(m) The I-Net shall be interconnected with the Subscriber Network at the Hub. All remote I-Net video transmissions shall be sent on an Upstream Channel to the Hub, where such transmissions shall be reprocessed, switched and designated on the appropriate Downstream Channel(s) on the Subscriber Network. The Licensee shall be responsible for the connecting and reprocessing of all video Upstream Channels to the appropriate Subscriber Network Downstream Channels, and the connecting and reprocessing of all Subscriber Network Upstream Channels to the appropriate I-Net Downstream Channels. Said switching shall be performed by the Licensee at no cost to the Issuing Authority and/or the Town.
(n) Nothing in this Section 3.2, or elsewhere in the Final License, shall prevent the Issuing Authority from allowing any Access Corporation(s) from using I-Net bandwidth.
(o) The Licensee shall have the sole responsibility for maintaining the I-Net for the term of the Final License, except for equipment not directly under its control and/or ownership. The Licensee shall be responsible for all necessary inspections and performance tests of the I-Net. Scheduled tests shall be performed at least approximately once every six (6) months. Test results shall be promptly submitted to the I-Net Administrator.
(p) The I-Net shall be maintained and operated and maintained, at a minimum, in compliance with applicable FCC Technical SpecificationsExhibit 2 and all other I-Net-related provisions of this License as may be amended from time to time. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other UsersUser, the Licensee shall resolve the technical problem within twenty-four (24) hours of notice by the Townpromptly. Should the problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem, including . The Issuing Authority shall have the possibility of right to reasonably request a performance test of the I-Net, should such problems persist. The Licensee shall initiate such performance tests within seven (7) days of any such request, and correct the problem within seven (7) days and submit the results to the Issuing Authority promptly, unless the Licensee notifies the Issuing Authority, in writing, that such correction cannot be completed with such seven (7) day period.
(q) Upon request of the Issuing Authority, the Licensee shall interconnect the I-Net with any and all I-Nets in contiguous municipalities, subject to the Licensee reaching reasonable agreement with the Cable Television licensee(s) in such contiguous municipalities regarding such interconnection.
(r) Upon request of the Issuing Authority, the I-Net shall be connected with any and all I-Nets operated by other Cable Television licensee(s) within the Town.
(s) There shall be no charges to the Issuing Authority, the Town and/or Subscribers for I-Net operational, maintenance, repair, replacement, and/or Drop/Outlet(s) installation costs. In the event that applicable state and/or federal laws and/or regulations allow the Licensee to externalize, line-item or otherwise pass-through any I- Net costs, incurred pursuant to the Final License, to Subscribers, the Licensee may only do so, including, but not limited to, the computation, collection, and/or interest paid on and allocation of any such costs, strictly in compliance with such applicable laws and/or regulations.
(t) If applicable and if requested to do so by the LicenseeIssuing Authority, if appropriatethe Licensee shall provide a written explanation of any such externalized or passed-through I-Net costs, in sufficient detail to enable the Issuing Authority to understand how such new costs have been externalized or passed-through as allowed or required by applicable law(s). Unless agreed to otherwise, the Licensee shall provide said written explanation to the Issuing Authority, in writing, within fourteen (14) days of a request to do so by the Issuing Authority.
Appears in 1 contract
Sources: Cable Television License
Institutional Network. (a) For the three (3) year period from the Effective Date through October 15, 2019, the The Licensee shall continue to own, operate and maintain the existing Broadband Fiber Institutional Network (the “I-Net”), for the Town’s non-commercial use pursuant to this Section 3.2. The Town shall have the right to continue using the I-Net to transmit any and all non-commercial uses and applications and signals Signals that were being transmitted by the Town of Amherst and the Amherst Public Schools as of and prior to the Effective Date of this Renewal License, from and among those buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year period, as of October 15, 2019, the Licensee shall have no further obligations with respect to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining to the further operation of the I-Net.
(b) The I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within the Town to all remote I-Net locations. Each location shall consist of six four (64) fiber connectivity from the Hub Site which shall be used for a bi-directional link supporting all of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3, attached hereto, any use of the I-Net by the Town is the sole responsibility of the Town and not the Licensee.
(c) The Licensee shall provide and maintain one (1) Institutional Network Connection to a node Node in each of the municipal buildings and sites identified in Exhibit 1 attached hereto, without charge to the Town and/or any designated institutions. Additional I-Net Connections, if any, in excess of those specified above, or relocated I-Net Connections, shall be installed by the Licensee subject to payment by the Town of the Licensee’s actual costs for time and materials, plus a reasonable rate of return in accordance with applicable law. The location of all I-Net Connections shall be determined jointly by the Licensee and the Issuing Authority, or its designee(s).
(d) The Licensee shall discuss the location of each Outlet with the appropriate officials in each I-Net Building(s), prior to the installation of such Outlet. The Issuing Authority shall designate such officials in writing to the Licensee. The demarcation point between the Town’s equipment and the Licensee’s I-Net shall be at the node in each I-Net Building.
(de) Upon the written request of the Issuing Authority, the Licensee may extend the I-Net to include additional sites and/or buildings other than those listed in Exhibit 1. Said extensions shall be subject to payment in advance by the Town for the Licensee’s actual costs for time and materials, plus a reasonable rate of return in accordance with applicable law.
(f) The Licensee shall be responsible for any Headend, I-Net Hub Site or other equipment necessary to make the I-Net function, including responsibility for the underlying I-Net or distribution cables, wires, amplifiers, if any, and switching equipment; provided, however, the Town shall be responsible for any Town-owned equipment which may need to be located in the Hub Site. The Town shall continue to provide the Licensee with appropriate space for and necessary access to the I-Net Hub Site at the Amherst Town Hall located at Four Boltwood Avenue per the specifications in Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation of the Hub Site requested by the Town shall be subject to payment by the Town of the Licensee’s actual costs for time and materials plus a reasonable rate of return, in accordance with applicable law. The Licensee shall continue to be responsible for equipment to enable the I-Net to interact with the Subscriber Network such that I-I- Net transmissions may be transmitted to the Headend on an I- I-Net channel and then to Subscribers on a PEG Access Channel.
(eg) For the three-year period specified in paragraph (a) aboveterm of this Renewal License, the Licensee shall hold all rights and title in the I-Net but shall continue to provide the Town the right to use the I-Net, free of charge, throughout said three-year periodthe term of this Renewal License, provided that the Town shall not lease any portion of the I-Net to any third party, party or allow the I-Net to be used by a third party for commercial purposes.
(f) . The Town’s use of the I-Net is subject to the following:
(1) Any such use is at the Town’s sole risk and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligence.
(gh) The I-Net shall be operated, maintained and serviced by the Licensee pursuant to Exhibit 3, attached hereto and made a part hereof.
(hi) The I-Net shall be operated and maintained, at a minimum, in compliance with applicable FCC Technical Specifications. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other Users, the Licensee shall resolve the technical problem within twenty-four (24) hours of notice by the Townhours. Should the problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem, including the possibility of a performance test of the I-Net by the Licensee, if appropriate. Response: Comcast is unable to offer any further language or responses on the subject of the Institutional Network until such time the Town of Amherst provides responses to Comcast’s m ultiple inquiries regarding the Town’s current use of the Institutional Network. These inquiries have been provided to the Town of Amherst through its counsel of record.
Appears in 1 contract
Sources: Cable Television Renewal License
Institutional Network. (a) For The Licensee shall continue to construct, install, activate, operate and maintain, at its sole cost and expense, a two (2) single mode fiber-optic Institutional Network ("I-Net") for the three exclusive use of the City and/or its designees. The I-Net shall comply in all respects with the "General Description of Somerville Institutional Network", including equipment specified therein, attached hereto as Exhibit 4 and made a part hereof. The two (32) year period single mode fiber-optic strands shall interconnect each of the buildings specified in Exhibit 5 to the Licensee's Hub location using a star network topology.
(b) The I-Net shall continue to be capable of providing voice, video and data services between City buildings and other institutions specified in Exhibit 5. The Licensee shall provide professional consulting services to the City in order to facilitate video and data transmission capacity over the I-Net. Designated Users shall be able to transmit to other institutions using a modulator and/or other necessary equipment.
(c) Two (2) single mode fibers shall be terminated at each location requiring access to the I-Net. One
(1) fiber shall be used for upstream transmission from the Effective Date through October 15, 2019I-Net to the Licensee's Hub location in the City. The second fiber shall be used for downstream transmissions.
(d) Unless noted otherwise in Exhibit 5, the Licensee shall continue to ownprovide, operate free of charge, an I-Net Drop and maintain Outlet(s) to each of the existing Broadband Fiber Institutional Network institutions listed in Exhibit 5 of this Renewal License. The Licensee shall supply the appropriate connector so as to allow the User(s) origination capability at the institutions specified in said Exhibit 5.
(e) The Licensee shall make available to the “City a reasonable amount of professional consultation regarding the development of the I-Net”), for the Town’s nonfrom its in-commercial use pursuant to this Section 3.2. The Town shall have the right to continue using the I-Net to transmit any and all non-commercial uses and applications and signals that were being transmitted by the Town of Amherst and the Amherst Public Schools as house personnel, on an annual basis.
(f) Within ninety (90) days of the Effective Date of this Renewal License, from or such other date mutually agreed-upon in writing by the Issuing Authority and among those buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year period, as of October 15, 2019Licensee, the Licensee shall have no further obligations with respect to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining splice, test, and install an additional eight (8) single mode fibers connecting RCN’s Somerville Hub to the further operation of DPW Building at ▇ ▇▇▇▇▇▇ ▇▇▇▇. The City shall provide existing conduit for the I-Net.
(b) The I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within the Town Licensee to all remote I-Net locations. Each location shall consist of six (6) fiber connectivity from the Hub Site which shall be used use and occupy for a bi-directional link supporting all of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3such additional fibers, attached heretoif necessary, any use of the I-Net by the Town is the sole responsibility of the Town and not without cost to the Licensee.
(c) The Licensee shall provide and maintain one (1) Institutional Network Connection to a node in each of the municipal buildings and sites identified in Exhibit 1 attached hereto, without charge to the Town and/or any designated institutions. The demarcation point between the Town’s equipment and the Licensee’s I-Net shall be at the node in each I-Net Building.
(d) The Licensee shall be responsible for any Headend, I-Net Hub Site or other equipment necessary to make the I-Net function, including responsibility for the underlying I-Net or distribution cables, wires, amplifiers, if any, and switching equipment; provided, however, the Town shall be responsible for any Town-owned equipment which may need to be located in the Hub Site. The Town shall continue to provide the Licensee with appropriate space for and necessary access to the I-Net Hub Site at the Amherst Town Hall located at Four Boltwood Avenue per the specifications in Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation of the Hub Site requested by the Town shall be subject to payment by the Town of the Licensee’s actual costs for time and materials plus a reasonable rate of return, in accordance with applicable law. The Licensee shall continue to be responsible for equipment to enable the I-Net to interact with the Subscriber Network such that I-Net transmissions may be transmitted to the Headend on an I- Net channel and then to Subscribers on a PEG Access Channel.
(e) For the three-year period specified in paragraph (a) above, the Licensee shall hold all rights and title in the I-Net but shall continue to provide the Town the right to use the I-Net, free of charge, throughout said three-year period, provided that the Town shall not lease any portion of the I-Net to any third party, allow the I-Net to be used by a third party for commercial purposes.
(f) The Town’s use of the I-Net is subject to the following:
(1) Any such use is at the Town’s sole risk and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligence.
(g) The I-Net shall be operated, maintained and serviced by the Licensee pursuant to Exhibit 3, attached hereto and made a part hereof.
(h) The I-Net shall be operated and maintained, at a minimum, in compliance with applicable FCC Technical Specifications. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other Userscannot utilize and/or occupy such City conduit(s) for any reason, the Licensee shall resolve the technical problem within twenty-four (24) hours of notice by the Town. Should the problem continue, then the Issuing Authority and the Licensee shall meet to discuss a resolution of such problemdiscuss, in good faith, any necessary changes, including cost factors, because of any such inability. The Licensee shall be entitled to charge its costs to the possibility of a performance test City for such additional fibers.
(g) Within ninety (90) days of the Effective Date of this Renewal License, or such other date mutually agreed-upon in writing by the Issuing Authority and the Licensee, the Licensee shall activate two (2) I-Net by fiber strands to the Licenseefollowing current and future City buildings (upon the renovation and/or expansion of same), if appropriateeach of which shall be connected to the DPW Building at ▇ ▇▇▇▇▇▇ ▇▇▇▇. The Licensee shall not charge the City for such new connections.
(1) New Police Station;
(2) Fire Department Headquarters;
(3) New High School;
(4) ▇▇▇▇▇▇▇ School (School Administration); and
Appears in 1 contract
Sources: Cable Television Renewal License
Institutional Network. (a) For the three No later than twenty-one (321) year period months from the Effective Execution Date through October 15, 2019of the Final License, the Licensee shall continue to ownconstruct, install, activate, operate and maintain the existing Broadband Fiber maintain, at its sole cost and expense, a two (2) single mode fiber-optic Institutional Network (the “"I-Net”), ") for the Town’s non-commercial exclusive use pursuant to this Section 3.2. The Town shall have the right to continue using the I-Net to transmit any and all non-commercial uses and applications and signals that were being transmitted by the Town of Amherst and the Amherst Public Schools as of the Effective Date of this Renewal LicenseIssuing Authority, from and among those buildings listed its designees and/or other Town Users. In the event that the Licensee cannot obtain underground permits in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year period, as of October 15, 2019timely manner, the Licensee shall have no further obligations with respect twenty-seven (27) months from the Execution Date of the Final 680 685 690 695 700 705 710 715 720 725 License to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining to the further operation complete construction of the I-Net. This initial completion of the I-Net shall be to all locations specified by the Issuing Authority or its designee not later than one hundred twenty (120) days prior to whichever of the dates required in this paragraph (a) that the Issuing Authority or its designee and the Licensee have agreed applies.
(b) The Said I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within shall be bridged to the Town to all remote Subscriber Network at the Hub. Said I-Net locations. Each location shall consist of six (6) fiber connectivity from the Hub Site which shall be used for a bicapable of distributing video, audio and data to all designated non-directional link supporting all of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3, attached hereto, any use of school and school buildings connected to the I-Net. I-Net by switching shall be the Town is the sole responsibility of the Town and not Licensee for the Licenseeentire term of the Final License.
(c) The Licensee shall provide maintain and maintain one (1) Institutional Network Connection to replace in a node in each timely manner all equipment that is part of the municipal buildings and sites identified in Exhibit 1 attached heretoI-Net without any charge(s) to the Issuing Authority, without charge to the Town and/or any designated institutionsSubscribers. The demarcation point between the Town’s Town shall maintain and replace any end-user equipment that it owns and the Licensee’s I-Net shall be at the node in each I-Net Buildingoperates.
(d) The Licensee shall be responsible for any Headend, I-Net Hub Site or other equipment necessary to make shall comply in all respects with the I-Net function"General Description of the Lexington Institutional Network", including responsibility for the underlying I-Net or distribution cablesequipment specified therein, wires, amplifiers, if any, attached hereto as Exhibit 2 and switching equipment; provided, howevermade a part hereof. Furthermore, the Town optical fiber shall be responsible for any Town-owned equipment which may need to be located in the Hub Site. The Town shall continue to provide the Licensee with appropriate space for and necessary access to the I-Net Hub Site at the Amherst Town Hall located at Four Boltwood Avenue per equivalent to, or better than, the specifications in for Corning® SMF-28™ CPC Single-Mode Optical Fiber, attached hereto as the Attachment to Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation of the Hub Site requested by the Town shall be subject to payment by the Town of the Licensee’s actual costs for time and materials plus a reasonable rate of return, in accordance with applicable law. The Licensee shall continue to be responsible for equipment to enable the I-Net to interact with the Subscriber Network such that I-Net transmissions may be transmitted to the Headend on an I- Net channel and then to Subscribers on a PEG Access Channel.
(e) For The two (2) single-mode fiber-optic strands shall interconnect each of the three-year period specified in paragraph buildings (a) above, the Licensee shall hold all rights and title in the “I-Net but shall continue to provide Buildings”), specified by the Town Issuing Authority or its designee during the right to use the I-Net, free of charge, throughout said three-year period, provided that the Town shall not lease any portion term of the I-Net Final License, to any third party, allow the I-Net to be used by Licensee's Hub location using a third party for commercial purposesstar network topology.
(f) The Town’s use of the I-Net is subject to the following:
(1) Any such use is at the Town’s sole risk and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligence.
(g) The I-Net shall be operatedcapable of providing voice, maintained video and serviced data services between the I-Net Buildings by the Town during the term of the Final License. The Licensee pursuant shall provide professional consulting services to Exhibit 3, attached hereto the Town in order to facilitate video and made data transmission capacity over the I-Net. Designated Users shall be able to transmit to other institutions using a part hereofmodulator and/or other necessary equipment. Any and all Signals on the I-Net shall be those specified by the Town.
(g) Two (2) single-mode fibers shall have a Licensee-provided Termination at each I- Net Building. One (1) fiber shall be used for upstream transmission from the I-Net to the Licensee's Hub location in the Town. The second fiber shall be used for downstream transmissions.
(h) The I-Net shall be maintained by the Licensee as follows:
(1) The I-Net shall be maintained at all times in the downstream and upstream mode(s) to conform with applicable FCC standards and the Licensee shall document how its regular-monitoring procedures serve to achieve that result. Such documentation shall be made available to the Issuing Authority and/or its designee upon reasonable demand.
(2) The Licensee’s response to all I-Net outages or significant service degradation shall meet the same standards as its response to Subscriber Network outages, but in 730 735 740 745 750 755 760 765 770 any case within two (2) hours of notification or when the Licensee knew of the outage or should have known of the outage, whichever is earlier.
(3) The Town shall identify, and provide to the Licensee, the name and a telephone number for the I-Net Administrator.
(4) For scheduled I-Net maintenance activities, and scheduled Subscriber Network maintenance activities that may impact the I-Net, whether initiated at the Town's request or by the Licensee, the Licensee shall provide a minimum of one (1) week notice to the I-Net Administrator, unless otherwise agreed to by the I-Net Administrator.
(5) For all Cable System maintenance activities likely to impact I-Net service, scheduled or otherwise, the Licensee shall notify the I-Net Administrator prior to the commencement of any such work.
(6) All requests for I-Net maintenance shall be coordinated by the I-Net Administrator.
(7) In the event that the Subscriber Network and the I-Net experience an outage simultaneously, it is the understanding of the parties hereto that the Licensee's first priority is to repair the Subscriber Network.
(8) The I-Net Administrator shall approve, in writing, changes regarding I-Net channel assignments before they occur, which approval shall not be unreasonably denied.
(i) The Town shall have the right hereto to use the I-Net for any non-commercial purposes whatsoever, including, but not limited to, carrying Internet Service(s) from third parties for Town use on the I-Net for the Town's internal use only, without charges of any kind levied by the Licensee.
(j) The Licensee shall supply the appropriate connector so as to allow the User(s) origination capability at the institutions specified by the Town during the term of the Final License.
(k) The Licensee shall use its best efforts to work with the Issuing Authority and its designee(s) to meet the Town’s reasonable needs in connection with the Town’s use and development of the I-Net, including, but not limited to, making available to the Town a reasonable amount of professional consultation regarding the use and development of the I-Net, from its in-house personnel, on an annual basis, without charge(s) to the Town. The Licensee shall provide the Town adequate space (including rack space, power, and air conditioning) in, and 24-hour per day, every day, access to, the Hub for the purpose of accomplishing the terminating, switching, and other activities which are the Town’s responsibilities at the Hub.
(l) Construction, installation and activation of each free-of-charge Drop and Outlet(s) to each of the I-Net buildings shall be completed within sixty (60) days of designation by the Town, for aerial Drops, and within one hundred twenty (120) days of designation by the Town, for underground Drops, weather permitting, or such later date as may be 775 780 785 790 795 800 805 810 815 820 mutually agreed upon by the parties. The Licensee shall discuss the location of each connection with the appropriate officials in each of the I-Net Buildings designated to receive a Drop or Outlet, prior to the installation of such a Drop or Outlet. The Town shall designate such officials in writing to the Licensee.
(m) The I-Net shall be interconnected with the Subscriber Network at the Hub. All remote I-Net video transmissions shall be sent on an Upstream Channel to the Hub, where such transmissions shall be reprocessed, switched and designated on the appropriate Downstream Channel(s) on the Subscriber Network. The Licensee shall be responsible for the connecting and reprocessing of all video Upstream Channels to the appropriate Subscriber Network Downstream Channels, and the connecting and reprocessing of all Subscriber Network Upstream Channels to the appropriate I-Net Downstream Channels. Said switching shall be performed by the Licensee at no cost to the Issuing Authority and/or the Town.
(n) Nothing in this Section 3.2, or elsewhere in the Final License, shall prevent the Issuing Authority from allowing any Access Corporation(s) from using I-Net bandwidth.
(o) The Licensee shall have the sole responsibility for maintaining the I-Net for the term of the Final License, except for equipment not directly under its control and/or ownership. The Licensee shall be responsible for all necessary inspections and performance tests of the I-Net. Scheduled tests shall be performed at least approximately once every six (6) months. Test results shall be promptly submitted to the I-Net Administrator.
(p) The I-Net shall be maintained and operated and maintained, at a minimum, in compliance with applicable FCC Technical SpecificationsExhibit 2 and all other I-Net-related provisions of this License as may be amended from time to time. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other UsersUser, the Licensee shall resolve the technical problem within twenty-four (24) hours of notice by the Townpromptly. Should the problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem, including . The Issuing Authority shall have the possibility of right to reasonably request a performance test of the I-Net, should such problems persist. The Licensee shall initiate such performance tests within seven (7) days of any such request, and correct the problem within seven (7) days and submit the results to the Issuing Authority promptly, unless the Licensee notifies the Issuing Authority, in writing, that such correction cannot be completed with such seven (7) day period.
(q) Upon request of the Issuing Authority, the Licensee shall interconnect the I-Net with any and all I-Nets in contiguous municipalities, subject to the Licensee reaching reasonable agreement with the Cable Television licensee(s) in such contiguous municipalities regarding such interconnection.
(r) Upon request of the Issuing Authority, the I-Net shall be connected with any and all I-Nets operated by other Cable Television licensee(s) within the Town.
(s) There shall be no charges to the Issuing Authority, the Town and/or Subscribers for I-Net operational, maintenance, repair, replacement, and/or Drop/Outlet(s) 825 830 835 840 845 850 855 860 865 installation costs. In the event that applicable state and/or federal laws and/or regulations allow the Licensee to externalize, line-item or otherwise pass-through any I- Net costs, incurred pursuant to the Final License, to Subscribers, the Licensee may only do so, including, but not limited to, the computation, collection, and/or interest paid on and allocation of any such costs, strictly in compliance with such applicable laws and/or regulations.
(t) If applicable and if requested to do so by the LicenseeIssuing Authority, if appropriatethe Licensee shall provide a written explanation of any such externalized or passed-through I-Net costs, in sufficient detail to enable the Issuing Authority to understand how such new costs have been externalized or passed-through as allowed or required by applicable law(s). Unless agreed to otherwise, the Licensee shall provide said written explanation to the Issuing Authority, in writing, within fourteen (14) days of a request to do so by the Issuing Authority.
Appears in 1 contract
Sources: Final License Agreement
Institutional Network. (a) For the three (3) year period from the Effective Date through October 15, 2019, the The Licensee shall continue to own, operate and maintain the existing Broadband Fiber Institutional Network (the “I-Net”), for the Town’s non-commercial use pursuant to this Section 3.2. The Town shall have the right to continue using the I-Net to transmit any and all non-commercial uses and applications and signals Signals that were being transmitted by the Town of Amherst and the Amherst Public Schools as of and prior to the Effective Date of this Renewal License, from and among those buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year period, as of October 15, 2019, the Licensee shall have no further obligations with respect to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining to the further operation of the I-Net.
(b) The I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located within the Town to all remote I-Net locations. Each location shall consist of six four (64) fiber connectivity from the Hub Site which shall be used for a bi-directional link supporting all of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3, attached hereto, any use of the I-Net by the Town is the sole responsibility of the Town and not the Licensee.
(c) The Licensee shall provide and maintain one (1) Institutional Network Connection to a node Node in each of the municipal buildings and sites identified in Exhibit 1 attached hereto, without charge to the Town and/or any designated institutions. Additional I-Net Connections, if any, in excess of those specified above, or relocated I-Net Connections, shall be installed by the Licensee subject to payment by the Town of the Licensee’s actual costs for time and materials, plus a reasonable rate of return in accordance with applicable law. The location of all I-Net Connections shall be determined jointly by the Licensee and the Issuing Authority, or its designee(s).
(d) The Licensee shall discuss the location of each Outlet with the appropriate officials in each I-Net Building(s), prior to the installation of such Outlet. The Issuing Authority shall designate such officials in writing to the Licensee. The demarcation point between the Town’s equipment and the Licensee’s I-Net shall be at the node in each I-Net Building.
(de) Upon the written request of the Issuing Authority, the Licensee may extend the I-Net to include additional sites and/or buildings other than those listed in Exhibit 1. Said extensions shall be subject to payment in advance by the Town for the Licensee’s actual costs for time and materials, plus a reasonable rate of return in accordance with applicable law.
(f) The Licensee shall be responsible for any Headend, I-Net Hub Site or other equipment necessary to make the I-Net function, including responsibility for the underlying I-Net or distribution cables, wires, amplifiers, if any, and switching equipment; provided, however, the Town shall be responsible for any Town-owned equipment which may need to be located in the Hub Site. The Town shall continue to provide the Licensee with appropriate space for and necessary access to the I-Net Hub Site at the Amherst Town Hall located at Four Boltwood Avenue per the specifications in Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation of the Hub Site requested by the Town shall be subject to payment by the Town of the Licensee’s actual costs for time and materials plus a reasonable rate of return, in accordance with applicable law. The Licensee shall continue to be responsible for equipment to enable the I-Net to interact with the Subscriber Network such that I-I- Net transmissions may be transmitted to the Headend on an I- I-Net channel and then to Subscribers on a PEG Access Channel.
(eg) For the three-year period specified in paragraph (a) aboveterm of this Renewal License, the Licensee shall hold all rights and title in the I-Net but shall continue to provide the Town the right to use the I-Net, free of charge, throughout said three-year periodthe term of this Renewal License, provided that the Town shall not lease any portion of the I-Net to any third party, party or allow the I-Net to be used by a third party for commercial purposes.
(f) . The Town’s use of the I-Net is subject to the following:
(1) Any such use is at the Town’s sole risk and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligence.
(gh) The I-Net shall be operated, maintained and serviced by the Licensee pursuant to Exhibit 3, attached hereto and made a part hereof.
(hi) The I-Net shall be operated and maintained, at a minimum, in compliance with applicable FCC Technical Specifications. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other Users, the Licensee shall resolve the technical problem within twenty-four (24) hours of notice by the Townhours. Should the problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem, including the possibility of a performance test of the I-Net by the Licensee, if appropriate.
Appears in 1 contract
Sources: Cable Television Renewal License
Institutional Network. (a) For the three (3) year period from the Effective Date through October 15, 2019, the The Licensee shall continue to own, operate and maintain the existing Broadband Fiber maintain, at its sole cost and expense, its multi- strand, single mode fiber-optic Institutional Network (the “I-Net”), ) for the Town’s non-commercial exclusive use pursuant to this Section 3.2. The of the Issuing Authority, its designees and/or other Town shall have the right to continue using the Users which I-Net to transmit any and all non-commercial uses and applications and signals that were being transmitted by the Town of Amherst and the Amherst Public Schools as of the Effective Date of this Renewal License, from and among those buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year period, as of October 15, 2019, the Licensee shall have no further obligations with respect to any provisions in this Section 3.2 or in any other provisions of this Renewal License pertaining has significant value to the further operation of the I-NetTown.
(b) The I-Net is an all fiber shall be a star-topology fiber-optic network utilizing a star architecture emanating from a Hub Site located within that directly connects the Needham Town Hall (as nucleus of the star) to all remote of the site locations listed in Exhibit 2 (“I-Net locations. Each location shall consist of six (6) fiber connectivity from the Hub Site which shall be used for a bi-directional link supporting all of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3Buildings”), attached hereto, any use hereto and made a part hereof. Some of the said Exhibit 2 sites were connected using a single pair of fiber strands; other Exhibit 2 sites were connected using two (2) pairs of fiber strands. Maximum attenuation loss between each I-Net by site location and the Needham Town is the sole responsibility ▇▇▇▇ shall not exceed-8dB end-to-end at wavelength of the Town and not the Licensee1300 nm.
(c) The Licensee shall provide continue to maintain and maintain one (1) Institutional Network Connection to replace in a node in each timely manner all equipment that is part of the municipal buildings and sites identified in Exhibit 1 attached heretoI-Net without any charge(s) to the Issuing Authority, without charge to the Town and/or any designated institutionsSubscribers. The demarcation point between the Town’s Town shall maintain and replace any end-user equipment that it owns and the Licensee’s I-Net shall be at the node in each I-Net Buildingoperates.
(d) The Licensee shall be responsible for any Headend, I-Net Hub Site or other equipment necessary to make the I-Net function, including responsibility for the underlying I-Net or distribution cables, wires, amplifiers, if any, and switching equipment; provided, however, the Town shall be responsible for any Town-owned equipment which may need to be located in the Hub Site. The Town shall continue to provide comply in all respects with the Licensee with appropriate space for technical description of the Needham Institutional Network in this Section 3.2, including any equipment specified herein.
(e) Pairs of single-mode fiber optic strands shall interconnect each of the buildings and necessary access to the I-Net Hub Site at the Amherst Town Hall located at Four Boltwood Avenue per the specifications locations as specified in Exhibit 2, attached hereto. The Any future Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation of the Hub Site requested by the Town and/or Needham school buildings shall be subject connected to payment by the Town of the Licensee’s actual costs for time and materials plus a reasonable rate of return, in accordance with applicable law. The Licensee shall continue to be responsible for equipment to enable the I-Net to interact with the Subscriber Network such that I-Net transmissions may be transmitted to the Headend on an I- Net channel and then to Subscribers on a PEG Access Channel.
(e) For the three-year period specified in paragraph (a) above, the Licensee shall hold all rights and title in the I-Net but shall continue to provide the Town the right to use the I-Net, free of charge, throughout said three-year period, provided that the Town shall not lease any portion upon request of the I-Net to any third partyIssuing Authority, allow the I-Net to be used by a third party for commercial purposesin accordance with Section 3.2(l) infra.
(f) The Town’s use of the I-Net is subject shall continue to be capable of providing voice, video and data services between I-Net Buildings during the following:
(1) Any such use is at the Town’s sole risk and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligenceterm of this Renewal License.
(g) The Each pair of single-mode fiber cables shall continue to terminate at a Licensee-provided fiber patch-panel at each I-Net shall be operatedsite location, maintained and serviced by at the Licensee pursuant to Exhibit 3, attached hereto and made a part hereofNeedham Town Hall.
(h) The I-Net shall continue to be operated maintained by the Licensee as follows:
(1) The I-Net shall be maintained at all times in the downstream and maintainedupstream mode(s) to conform to FCC standards, if applicable; the Licensee shall document how its regular-monitoring procedures serve to achieve that result. Such documentation shall be made available to the Issuing Authority and/or its designee(s) upon reasonable demand.
(2) The Licensee's response to all I-Net outages or significant service degradation shall meet the same standards as its response to Subscriber Network outages, but in any case within two (2) hours of notification or when the Licensee knew of the outage or should have known of the outage, whichever is earlier.
(3) The Town shall identify, and provide to the Licensee, the name and a telephone number for the I-Net Administrator.
(4) For scheduled I-Net maintenance activities, and scheduled Subscriber Network maintenance activities that may impact the I-Net, whether initiated at the Town's request or by the Licensee, the Licensee shall provide a minimum of one (1) week notice to the I-Net Administrator, unless otherwise agreed to by the I-Net Administrator.
(5) For all Cable System maintenance activities likely to impact I-Net service, scheduled or otherwise, the Licensee shall notify the I-Net Administrator prior to the commencement of any such work.
(6) All requests for I-Net maintenance shall be coordinated by the I-Net Administrator.
(7) In the event that the Subscriber Network and the I-Net experience an outage simultaneously, it is the understanding of the parties hereto that the Licensee's first priority is to repair the Subscriber Network.
(i) The Town shall have the right hereto to use the I-Net for any non-commercial purposes whatsoever, including, but not limited to, carrying telephone, telecommunications services and/or Internet Service(s) from third parties for Town use on the I-Net for the Town's internal use only, without charges of any kind levied by the Licensee. Connectors will be SC/APC to allow video carriage as well as data and telephony.
(j) The Licensee shall supply the appropriate connector, as designated by the Issuing Authority, so as to allow the User(s) origination capability at the institutions specified by the Town during the term of the Renewal License.
(k) Beyond the I-Net Drops and Outlets listed in Exhibit 2, as of the Effective Date, the Licensee shall provide, install and activate additional connections to designated I-Net Locations, listed in Exhibit 3 attached hereto. Exhibit 3 lists the number of fibers to be provided to each I- Net Location. The Licensee shall not charge the Town for the Drop and Outlet to the new Senior Center. The Access Corporation shall pay the Licensee for the Drop and Outlet to the PEG Access studio.
(i) Construction, installation and activation of additional designated Drops and Outlets shall be completed within sixty (60) days of designation by the Issuing Authority, for aerial Drops, and within one hundred twenty (120) days of designation by the Issuing Authority, for underground Drops, weather permitting, or such later date as may be mutually agreed upon by the parties. The Licensee shall discuss the location of each connection with the appropriate officials in each of the I-Net Locations designated to receive a Drop or Outlet, prior to the installation of such Drop or Outlet. The Issuing Authority shall designate such officials in writing to the Licensee.
(l) Beyond the I-Net Drops/Outlets specified in Exhibits 2 and 3 herein, upon the Issuing Authority’s request, the Licensee shall provide additional I-Net Drops/Outlets for newly constructed or acquired buildings, at reasonable cost to the Town.
(m) The Licensee shall use its best efforts to work with the Issuing Authority and its designee(s) to meet the Town's reasonable needs in connection with the Town's use and development of the I-Net, including, but not limited to, making available to the Town a minimumreasonable amount of professional consultation regarding the use and development of the I-Net, from its in-house personnel, on an annual basis, without charge(s) to the Town.
(n) Nothing in compliance with applicable FCC Technical Specificationsthis Section 3.2, or elsewhere in the Renewal License, shall prevent the Issuing Authority from allowing the Access Corporation from using I-Net bandwidth.
(o) The Licensee shall continue to have the sole responsibility for maintaining the I-Net for the term of this Renewal License, except for equipment not directly under its control and/or ownership. The Licensee shall be responsible for all necessary inspections and performance tests of the I-Net. Test results shall be promptly submitted to the I-Net Administrator.
(p) In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other UsersUser, the Licensee shall resolve the technical problem within twenty-four (24) hours of notice by the Townpromptly. Should the problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem, including . The Issuing Authority shall have the possibility of right to reasonably request a performance test of the I-Net, should such problems persist. The Licensee shall initiate such performance tests within seven (7) days of any such request, and correct the problem within seven (7) days and submit the results to the Issuing Authority promptly, unless the Licensee notifies the Issuing Authority, in writing, that such correction cannot be completed within such seven (7) day period.
(q) There shall be no charges to the Issuing Authority, the Town and/or Subscribers for I-Net operational, maintenance, repair, replacement, and/or Drop/Outlet(s) installation costs. In the event that applicable state and/or federal laws and/or regulations allow the Licensee to externalize, line-item or otherwise pass-through any I-Net costs, incurred pursuant to this Renewal License, to Subscribers, the Licensee may only do so, including, but not limited to, the computation, collection, and/or interest paid on and allocation of any such costs, strictly in compliance with such applicable laws and/or regulations.
(r) If applicable and if requested to do so by the Issuing Authority, the Licensee shall provide a written explanation of any such externalized or passed-through I-Net costs, in sufficient detail to enable the Issuing Authority to understand how such new costs have been externalized or passed- through as allowed or required by applicable law(s). Unless agreed to otherwise, the Licensee shall provide said written explanation to the Issuing Authority, in writing, within fourteen (14) days of a request to do so by the Issuing Authority.
(s) The Issuing Authority, the Licensee, if appropriateand the owner of the I-Net fiber infrastructure described herein have agreed to certain provisions regarding the status of the I-Net, which agreement is attached hereto as Exhibit 4.
Appears in 1 contract
Sources: Cable Television Renewal License
Institutional Network. (a) For the three (3) year period from the Effective Date through October 15, 2019, the The Licensee shall continue to ownoperate, operate maintain and maintain the repair its existing Broadband Fiber separate Institutional Network (the “"I-Net”") to be utilized by the Town, its designee(s), for and/or the Town’s non-commercial use pursuant to this Section 3.2Licensee. The Town shall have the right to continue using the I-Net to transmit any and all non-commercial uses and applications and signals that were being transmitted by the Town of Amherst and the Amherst Public Schools as of No later than ninety (90) days from the Effective Date of this Renewal License, from and among those buildings listed in Exhibit 1 attached hereto and made a part hereof. After the end of the three (3) year period, as of October 15, 2019, the Licensee shall have no further obligations with respect make available to any provisions the Town seven (7) Upstream Channels and seven (7) Downstream Channels on the I-Net, for the exclusive use of the Town and its designees. Said channels shall continue to be capable of distributing video, audio and data to all designated Town owned non-school and school buildings ("I-Net Buildings") currently connected to the I-Net, and identified in this Section 3.2 or Exhibit 3.4(a) attached hereto. Those I-Net Buildings identified in any other provisions Exhibit 3.4(a) not currently capable of distributing such I-Net services as of this Renewal License pertaining to Effective Date, shall be provided one (1) Drop and one (1) Outlet of such capability within one hundred-eighty (180) days of this Renewal License Effective Date; provided, however, that the further operation total design, labor, construction, Drop and Outlet costs shall not exceed thirty thousand dollars ($30,000.00).
(1) If, over the course of any 6-month period during the Renewal License term, the seven (7) Upstream I-Net Channels and seven (7) Downstream I-Net Channels designated for the Town s use are fully programmed for more than eighty percent (80%) of the time during Licensee s regular business hours with programming and/or transmissi ons such as data (provided such programming or other transmissions do not include, in said eighty percent (80%), alpha-numeric (bulletin board) programming, non-locally produced programming, or repeated audio/video programming) then upon the written request of the Issuing Authority, Licensee agrees to enter into good faith discussions regarding the possibility of making additional I-NetNet Channel capacity available for the Town s use. Such discussions may include (without limitation): (a) verification of the eighty percent (80%) usage report by the Town;
(b) the period of time during which additional I-Net Channel capacity may be made available for the Town s use; (c) the method of determining when or whether the number of I-Net Channels used by the town will return to seven (7) Upstream I-Net Channels and seven (7) Downstream I-Net Channels; (d) possible compensation to Licensee for the Town use of additional I-Net capacity; and (e) other relevant matters. This Section 3.4(a)(1) does not constitute a binding obligation to add I-Net Channels for Town use at any time during this Renewal License term. Nothing in this Section 3.4(a)(1) shall be deemed to prevent the Licensee and the Town from discussing I-Net channel capacity for the Town s use at their mutual convenience anytime, during this Renewal License.
(b) The I-Net is an all fiber network utilizing a star architecture emanating from a Hub Site located shall be capable of transmitting between the Town Buildings and other institutions within the Town among other things, electronic mail, data, interactive teaching, energy management monitoring of municipal buildings and municipal training. The Licensee has no obligation to all remote provide the Town with equipment necessary for these uses of the I-Net.
(c) The Town may use the I-Net locationsfor data transmission purposes. Each location shall consist of six (6) fiber connectivity from In the Hub Site which shall be used for event that there are increased maintenance costs as a bi-directional link supporting all result of the Signal transmissions referenced in paragraph (a) above. Other than the criteria set forth in Exhibit 3, attached hereto, any Town's use of the I-Net by for data transmission purposes, the Licensee may charge the Town is for such increased costs, pursuant to Section 3.4(g) below. In the sole responsibility of event that the Town seeks a third-party vendor(s) to manage its data transmission, the Town shall give the Licensee written notice of such and not the Licensee.
(c) The Licensee shall provide and maintain one (1) Institutional Network Connection to a node in each option of the municipal buildings and sites identified in Exhibit 1 attached heretoproviding such management services, without charge providing further that such services are offered to the Town and/or any designated institutions. The demarcation point between the Town’s equipment at a competitive rate in compliance with applicable State and the Licensee’s I-Net shall be at the node in each I-Net Buildinglocal laws.
(d) The Issuing Authority and/or its designee(s) shall only use the I-Net for municipal and/or educational purposes, data transmission and/or other non-commercial purposes and not for sale or lease for non-municipal uses. The I-Net shall not be used by the Town and/or its designee to transmit or receive any audio, video or data communication(s) from, or to, any other multi-programming provider without the Licensee s written permission. Except with the written permission of the Licensee, the I-Net may not be used by the Town and/or its designee(s) to transmit or receive any communication (in whatever form, whether video, audio, data, voice or otherwise) destined to or originating from any switched network, including, but not limited to, the facilities of any local or long distance telephone company, or any such communication for which the Licensee offers and can provide the Town transmission service; provided, however, that this Section 3.4(d) shall not apply to non- commercial, educational video and/or data services received by the Medway Public School Department (the “School Department”) or the Medway Public Schools, unless the Licensee offers and can provide any such non- commercial, educational video and/or data services, to the School Department at a cost that is lower than that being charged to the School Department. In the event the School Department declines the Licensee's non- commercial, educational video and/or data services, offered to the School Department, the Licensee may charge the School Department for maintenance costs associated with the School Department's use of the I-Net, in accordance with Section 3.4(g) below. Nothing in this Section 3.4(d) shall require the Town to subscribe to or purchase any service which the Licensee may lawfully become in the business of providing. Nothing in this Section 3.4(d) shall reduce, increase, or otherwise modify any of the Licensee's obligations which exist in any other agreement or contract to which the Licensee and any federal agency are parties. The Issuing Authority or its designee shall provide the Licensee each year with a description of its uses of the I-Net.
(e) The Licensee shall have the sole responsibility for maintaining the I-Net for the term of this Renewal License; provided, however, that the Licensee shall have no responsibility for equipment not directly under its control or ownership. The Licensee shall be responsible for any Headend, I-Net Hub Site or other equipment all necessary to make the I-Net function, including responsibility for the underlying I-Net or distribution cables, wires, amplifiers, if any, inspections and switching equipment; provided, however, the Town shall be responsible for any Town-owned equipment which may need to be located in the Hub Site. The Town shall continue to provide the Licensee with appropriate space for and necessary access to the I-Net Hub Site at the Amherst Town Hall located at Four Boltwood Avenue per the specifications in Exhibit 2, attached hereto. The Town shall continue to ensure that said space meets the criteria listed in Exhibit 2 attached hereto. Any relocation performance tests of the Hub Site requested by the Town shall be subject to payment by the Town of the Licensee’s actual costs for time and materials plus a reasonable rate of return, in accordance with applicable law. The Licensee shall continue to be responsible for equipment to enable the I-Net to interact with the Subscriber Network such that I-Net transmissions may be transmitted to the Headend on an I- Net channel and then to Subscribers on a PEG Access Channel.
(e) For the three-year period specified in paragraph (a) above, the Licensee shall hold all rights and title in the I-Net but shall continue to provide the Town the right to use the I-Net, free of charge, throughout said three-year period, provided that the Town shall not lease any portion of the I-Net to any third party, allow the I-Net to be used by a third party for commercial purposes.
(f) The Town’s use of the I-Net is subject to the following:
(1) Any such use is at the Town’s sole risk and cost; and
(2) The Town indemnifies the Licensee for any loss and/or economic injury resulting from such use except to such extent said loss and/or economic injury is caused by the Licensee’s gross negligence.
(g) The I-Net shall be operated, maintained and serviced by the Licensee pursuant to Exhibit 3, attached hereto and made a part hereof.
(h) The I-Net shall be operated and maintained, at a minimum, in compliance with applicable FCC Technical Specifications. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other UsersUser, the Licensee shall resolve the technical problem within twenty-four (24) hours a reasonable amount of notice by the Towntime. Should the a technical problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem, including .
(g) Any and all I-Net related costs shall be strictly allocated between the possibility of a performance test Town and the Licensee according to each entity's use of the I-Net, including but not limited to, construction, installation, operational and maintenance costs. If requested in writing to do so by the Issuing Authority, in writing, the Licensee shall itemize and verify all such allocable I-Net costs, in sufficient detail to enable the Issuing Authority to independently verify that such costs have been allocated as required. Unless agreed to otherwise, the Licensee shall provide said costs, in writing, within thirty (30) days of a request to do so by the Issuing Authority.
(h) The Town shall not indemnify the Licensee from damage(s) as set forth in Section 6.3 of this Renewal License. The Town shall indemnify and hold the Licensee harmless at all times during the term of this Renewal License and after its expiration from any and all claims, actions and/or proceedings arising out of the actions of the Town, its designee(s) and/or departments in transmitting, conveying or otherwise carrying, or failing to transmit, convey or otherwise carry, any and all data transmissions originated and/or generated by the Town on the I-Net channels made available to, and used by, the Town, its designee(s) and/or departments. The Town shall, without charge to the Licensee, if appropriatedefend any such claim, action or proceeding; providing however, this Section 3.4(h) shall in no way restrict or limit any rights the Issuing Authority may have to seek specific performance of Section 3.4. In the event the Licensee enters into agreement to provide the Town with management services as set forth in Section 3.4(c), then the provisions of this Section 3.4(h) shall not apply to damages resulting from Licensee s actions or omissions under such management agreement.
Appears in 1 contract
Sources: Cable Television Renewal License