Common use of Institutional Network Clause in Contracts

Institutional Network. (A) As part of the completion of an upgrade of the Cable System by ▇▇▇▇▇▇▇’s predecessor under the franchise granted in 1997, an Institutional Network (I-NET) was constructed by ▇▇▇▇▇▇▇’s predecessor according to the terms and conditions of the 1997 franchise. Grantee shall continue to offer a managed I-NET service according to the terms and conditions set forth herein. (1) Grantee shall operate an Institutional Network (I-NET), independent of, or in conjunction with, the residential Subscriber network for the purpose of providing institutional services to local publicly funded institutional subscribers (Institutional Subscribers) within the Franchise Area. The network will be an optical fiber based I-NET that is managed by the Grantee. Grantee shall not be prohibited from serving commercial subscribers on the I-NET. Grantee shall have no obligation to construct or operate an I-NET to provide institutional services, beyond installation of fiber capacity to the service node, unless and until Institutional Subscribers contract with Grantee to provide services, providing the Grantee with a reasonable return on investment. Grantee shall charge Institutional Subscribers the lowest competitive prices for hardware and substantially same services delivered as compared to other telecommunications providers. Notwithstanding anything to the contrary, Institutional Subscribers may contract with Grantee or its affiliate for the provision of I-NET or similar services on a separate fiber network than that provided under this Franchise at any time during the term of this Franchise. (2) The parties agree that: (a) Grantee shall initially continue to provide an Institutional Network capable of providing a minimum of one (1) Gigabit per second (Gbps) connections per Site, with an aggregate backbone transport rate of a minimum of two (2) Gbps. The parties agree that: (b) The Grantor, on behalf of Institutional Subscribers, or Institutional Subscribers themselves, may provide Grantee with additional sites interested in being Institutional Subscribers, relocation of existing sites, or deletion of existing sites. The information provided will include the Institutional Subscriber’s name, address, a Site coordinator and phone number for each Site coordinator. Each Site shall have a designated interior point of demarcation for the I-NET within the building (interior hub site). (c) Grantee will consult with each site’s coordinator and the sponsoring Institutional Subscriber. Grantee will assess the I-NET requirements for hardware and signal transport capacity for each additional Site, based on the Institutional Subscriber’s determination of the minimum and maximum bandwidth requirements for each Site. (d) Grantee will provide a cost estimate for each additional or relocated Site to the Grantor or Institutional Subscriber, as applicable, within ninety (90) days of receipt of notification from the Grantor or Institutional Subscriber. The estimates will provide the following: (i) A construction portion of the estimate which will detail the cost for construction from the Site to the nearest I-NET hub or its equivalent. Costs associated with the construction shall be the responsibility of the Institutional Subscriber. (ii) An installation portion of the estimate which will detail the costs for Site hardware installation (not including the transport edge, switch or distribution network hardware which is included in the signal transport described below) and interior Site wiring, taking into consideration existing interior Site wiring and equipment already owned by the Site that the Site wants to incorporate into its use of the I-NET. Grantee will make a good faith effort to incorporate such wiring and equipment provided that Grantee will not warranty performance and use of such existing equipment or wiring. Costs associated with the installation will be the responsibility of the Institutional Subscriber. (iii) The Signal Transport estimate will provide monthly costs for the Site, providing for bandwidth use on the distribution network, distribution network hardware, ongoing network maintenance and construction. The estimates provided under this Section shall be in the form of contract options for each Institutional Subscriber based on three (3) year term agreements for signal transport services. The monthly fee within the contract proposal will cover costs associated with the distribution network, distribution network hardware, network management and maintenance of the I-NET for the term of the contract. Costs associated with this Subsection will be the responsibility of the Institutional Subscriber.

Institutional Network. (A) As part Upon completion of the completion of an upgrade of the Cable System by ▇▇▇▇▇▇▇’s predecessor under the franchise granted in 1997System, Grantee will offer an Institutional Network (I-NET) was constructed by ▇▇▇▇▇▇▇’s predecessor to the Grantor according to the following terms and conditions of the 1997 franchise. Grantee shall continue to offer a managed I-NET service according to the terms and conditions set forth herein.conditions: (1) Grantee shall operate an Institutional Network (I-NET), independent of, or in conjunction with, the residential Subscriber network for the purpose of providing institutional services to local publicly funded institutional subscribers Subscribers (Institutional Subscribers) within the Franchise Area). The network will be an optical fiber based I-NET that is managed by the Grantee. Grantee shall not be prohibited from serving commercial subscribers institutional Subscribers (Commercial Institutional Subscribers) on the I-NET. Grantee shall have no obligation to construct or operate an I-NET to provide institutional services, beyond installation of fiber capacity to the service node, unless and until Institutional Subscribers contract with Grantee to provide services, providing the Grantee with a reasonable return on investment. Grantee shall charge Institutional Subscribers the lowest competitive prices for hardware and substantially same services delivered as compared to other telecommunications providers. Notwithstanding anything to the contrary, Institutional Subscribers may contract with Grantee or its affiliate for the provision of I-NET or similar services on a separate fiber network than that provided under this Franchise at any time during the term of this Franchise. (2) The parties recognize that the timely activation of and completion of the I- NET is of great importance to the Grantor. So long as both parties agree that the I-NET is economically feasible, ▇▇▇▇▇▇▇ agrees that it will complete and activate the I-NET at the same time as Grantee completes the upgrade of the Cable System. Grantee may offer I-NET services earlier than the completion of the upgrade. The parties agree that: (a) The System’s B cable is currently used for certain applications. Grantee agrees that the B cable shall initially continue be maintained and operable during and after the upgrade of the Cable System so long as a reasonable number of B cable users remain active. So long as it is economically feasible, ▇▇▇▇▇▇▇ agrees to provide an Institutional Network capable work with the Grantor to migrate existing functions from the B cable to the I-NET described herein, so long as B cable users are willing to enter into contract agreements with Grantee for use of providing a minimum of one (1) Gigabit per second (Gbps) connections per Site, with an aggregate backbone transport rate of a minimum of two (2) Gbps. The parties agree that:the I-NET provided for under this Franchise. (b) The By February 1, 1998, the Grantor, on behalf of Institutional Subscribers, or Institutional Subscribers themselves, may will provide Grantee with additional sites a preliminary list of Sites interested in being Institutional Subscribers, relocation of existing sites, or deletion of existing sites. The information provided list will include the Institutional Subscriber’s name, address, a Site coordinator Coordinator and phone number for each Site coordinatorCoordinator. Each Site shall have a designated interior point of demarcation for the I-NET within the building (interior hub site). (c) Grantee will include each Site in the preliminary design plan for the Cable System upgrade. (d) Grantee will consult with each siteSite’s coordinator and the sponsoring Institutional SubscriberCoordinator. Grantee will assess the I-NET requirements for hardware and signal transport capacity for each additional Site, based on the Institutional Subscriber’s determination of the Site provided under Section 11.2 (A) to determine minimum and maximum bandwidth capacity requirements for each Site. (de) Grantee will provide a two cost estimate estimates for each additional or relocated Site to the Grantor or Institutional Subscriberby April 15, as applicable, within ninety (90) days of receipt of notification from the Grantor or Institutional Subscriber1998. The two estimates will provide the following: (i) A construction portion of the The Hardware estimate which will detail the cost for construction from the Site to the nearest I-NET hub or its equivalent. Costs associated with the construction shall be the responsibility of the Institutional Subscriber. (ii) An installation portion of the estimate which will detail the costs for Site hardware installation (not including the transport edgepurchase, switch or distribution network installation, hardware which is included in the signal transport described below) maintenance and interior Site wiring, taking into consideration existing interior Site wiring and equipment already owned by the Site that the Site wants to incorporate into its use of the I-NET. Grantee will make a good faith effort to incorporate such wiring and equipment provided that Grantee will not warranty performance and use of such existing equipment or wiring. Costs associated with the installation this Section will be the responsibility of the Institutional SubscriberSubscriber and may be paid for with PEG Capital support provided for in Section 9.6 of this Franchise. (iiiii) The Signal Transport estimate will provide .provide monthly costs for the Site, providing for bandwidth capacity use on the distribution network, distribution network hardware, ongoing network maintenance and construction. The estimates provided under this Section shall be in the form of contract options for each Institutional Subscriber based on three three (3) year, five (5) year term and ten (10) year agreements for signal transport services. The monthly fee within the contract proposal will cover costs associated with the distribution network, distribution network hardware, network management and maintenance of the I-NET for the term of the contract. Costs associated with this Subsection Section will be the responsibility of the Institutional SubscriberSubscriber and may be paid for with PEG capital support provided for in Section 9.6 of this Franchise. (f) The Grantor will identify what Sites shall be initially included on the I-NET by June 1, 1998. The economic feasibility of the I-NET shall be based on the number of Sites willing to contract with Grantee for provision of I-NET services. Grantee, in consultation with the Grantor, shall determine the economic feasibility of constructing the I- NET and equipping the Sites as provided for herein. If it is determined that construction of the I- NET is not economically feasible, the Grantor and Grantee shall reassess the community’s need for an I-NET every two (2) years. (g) If it is determined that construction of the I-NET is economically feasible, Institutional Subscribers shall enter into contract agreements to cover costs identified in Section 11.2 (A)(2)(e) by July 31, 1998. (h) Grantee agrees that PEG capital support provided for under this Franchise can be used for the purchase of hardware and payment of monthly fees for signal transport associated with each Site’s use of the I-NET. (i) The Grantor may identify certain Sites as future Institutional Subscribers to the I-NET that will not be activated at the time the System upgrade is completed. So long as such Sites are provided by February 1, 1998, and are located on those portions of Grantee’s distribution system that will be upgraded with fiber, ▇▇▇▇▇▇▇ agrees to include splice points and splice point housings on those portions of the distribution plant where additional fiber will be deployed as part of the upgrade agreed to in Section 11.1. Upon notification from the Grantor, Grantee will provide cost estimates described in Section 11.2 (A)(2)(e) within ninety (90) days of a request by the Grantor for service to the Site. (j) The Grantor may identify Sites as Institutional Subscribers following completion of the System upgrade. Estimated costs for serving those Sites will be provided within ninety (90) days of receipt of notification by the Grantor. If an extension of the Cable System is required to serve the Site, Grantee will make the I-NET available within one- hundred twenty (120) days from the date the Institutional Subscriber contracts for services. (k) Ownership of the I-NET distribution system facilities will remain with Grantee. Pursuant to the terms and conditions of this Franchise, so long as it is economically feasible, ▇▇▇▇▇▇▇ agrees to provide a managed I-NET for as long as Grantee is a provider of franchised cable television services or similar services in the Franchise Service area. Except for trouble calls and malfunctions determined to have been caused by the Grantor or Institutional Subscribers, including but not limited to trouble calls related to equipment incompatibility, Grantee will be responsible for maintenance, repair and management of the I- NET. If the Grantor so directs, the I-NET facilities may be augmented, rearranged or upgraded by Grantee after installation, in which case the Grantor or Institutional Subscribers will compensate Grantee at its then prevailing rate. (l) The I-NET is a private communications network governed by this Franchise Agreement and the Cable Act. The Grantor and Institutional Subscribers will use the I- NET solely for non-commercial applications. Institutional Subscribers will not attach any equipment or otherwise use the I-NET in any way that will interfere with the signal quality and the normal operation of Grantee’s Cable System in conformity with this Franchise or FCC regulations, including but not limited to regulations pertaining to signal leakage. The Grantor and Institutional Subscribers will not resell access to the I-NET. (m) Grantee shall charge Institutional Subscribers the lowest competitive prices for services delivered when compared to other telecommunications providers.