Institutional Network. (a) The Licensee shall continue to operate, maintain and repair its existing separate Institutional Network ("I-Net") to be utilized by the Town, its designee(s), and/or the Licensee. No later than ninety (90) days from the Effective Date of this Renewal License, the Licensee shall make available to 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 Town’s use at their mutual convenience anytime, during this Renewal License. (b) The I-Net 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 provide the Town with equipment necessary for these uses of the I-Net. (c) The Town may use the I-Net for data transmission purposes. In the event that there are increased maintenance costs as a result of 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(g) below. In the 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 the option of providing such management services, providing further that such services are offered to the Town at a competitive rate in compliance with applicable State and local 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 all necessary inspections and performance tests of the I-Net. (f) 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 User, the Licensee shall resolve the technical problem within a reasonable amount of time. Should a technical problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem. (g) Any and all I-Net related costs shall be strictly allocated between the 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, defend 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
Institutional Network. (a) The Licensee shall continue to operate, make available and maintain and repair its existing separate Institutional Network ("“I-Net"”) to be utilized by the Town, its designee(s), and/or the Licensee. No later than ninety (90) days from the Effective Date of this Renewal LicenseTown department, the Licensee shall make available to Issuing Authority and its designees and the Town seven Public Schools, in accordance with the terms herein.
(7b) Upstream Channels and seven (7) Downstream Channels on the The I-Net, for the exclusive use of the Town and its designees. Said channels net shall continue to be a bi-directional, split-band network capable of distributing video, audio transmitting a minimum of ten (10) upstream channels and data to all designated Town owned non-school and school buildings ten ("I-Net Buildings"10) currently Town’s use at their mutual convenience anytime, during this Renewal Licensedownstream channels.
(bc) The I-Net shall be capable of transmitting between the Town Buildings video with accompanying audio transmissions from and other institutions within the Town among other things, electronic mail, data, interactive teaching, energy management monitoring of to those municipal and school buildings and municipal trainingidentified in Exhibit 3.2. The Licensee has no obligation to provide the Town with equipment necessary for these uses of the I-Net.
(c) The Town may use choose to utilize the I-Net for data transmission purposespurposes at its own risk. In the event that there are increased maintenance costs as a result of the Town's use of The Licensee does not support or maintain the I-Net for data transmission purposes, the Licensee may charge the Town for such increased costs, pursuant to Section 3.4(g) below. In the 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 the option of providing such management services, providing further that such services are offered to the Town at a competitive rate in compliance with applicable State and local lawsuse.
(d) The Issuing Authority and/or I-Net shall continue to be interconnected to the Subscriber Network at the Headend, Hub-site or other functionally equivalent location (said location to 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 only use reconnect the I-Net for municipal and/or educational purposesDrop at the Old Hammondtown School, data transmission and/or other non-commercial purposes and not for sale or lease for non-municipal uses20 Shaw Street, by March 1, 2005. The I-Net shall not be used by Comcast reserves the Town and/or its designee right to transmit or receive any audio, video or data communication(s) from, or to, any other multi-programming provider without pass through 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 reconnection cost 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-Netsaid school.
(e) The Licensee shall continue to have the sole responsibility for maintaining the IInstitutional Network, except PEG Access and end-Net for the term of this Renewal License; provideduser equipment, howeverand Town installed wiring or related devices, that the Licensee shall have no responsibility for equipment which are not directly under its control or ownership. The Licensee shall be responsible for maintain the I-Net signal quality, and perform all necessary inspections and performance tests 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 I-NetInstitutional Network.
(f) In the event that there are technical problems with The Licensee shall provide a total of five (5) standard Drops to new Town or Public School buildings along the I-Net, excluding any devices, hardware or software not under Net route upon no less than twelve (12) months written notice by the control or ownership of 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 no cost, except when such underground drop is non-standard requiring trunk and installed 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 a rate based upon actual costs and a reasonable return on investment. Any relocation of 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 or other Userand/or the respective Public School system as determined by the Issuing Authority at the actual cost of installation plus a reasonable rate of return, the as allowed under applicable law. The Licensee shall resolve the technical problem shall, within a reasonable amount period of time. Should time after a technical problem continuewritten request by the Issuing Authority, provide a written estimate of the projected cost of the I-Net extension to the Issuing Authority and shall in good faith discuss the Licensee shall meet to discuss a resolution specifics of such problemestimate(s) and less costly alternatives, if any, with the Issuing Authority and its representative(s).
(g) Any The Licensee shall transition and all Imaintain signal transport equipment for Mattapoisett, Mattapoisett and possibly Rochester to the Old Rochester Regional High School at ▇▇▇-Net related costs ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Mattapoisett, Massachusetts. The Issuing Authority and/or its designee(s) shall be strictly allocated between make available rack space for and shall allow access to said equipment at no charge to the Town and the Licensee according to each entity's use of the I-Net, including but not limited to, construction, installation, operational and maintenance costsLicensee. If requested in writing to do so by the Issuing Authority, in writingExcept for emergency situations, the Licensee shall itemize and verify all such allocable I-Net costsnotify the Town or its designee prior to accessing the equipment. Any further relocation, in sufficient detail to enable as requested by the Issuing Authority to independently verify that such costs have been allocated as required. Unless agreed to otherwisefor said ▇▇▇▇▇▇▇ equipment, the Licensee shall provide said costs, in writing, within thirty will require twelve (3012) 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 months written notice to the Licensee, defend 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
Institutional Network. (a) The Licensee shall continue to operate, make available and maintain and repair its existing separate Institutional Network ("“I-Net"”) to be utilized by the Town, its designee(s), and/or the Licensee. No later than ninety (90) days from the Effective Date of this Renewal LicenseTown department, the Licensee shall make available to Issuing Authority and its designees and the Town seven Public Schools, in accordance with the terms herein.
(7b) Upstream Channels and seven (7) Downstream Channels on the The I-Net, for the exclusive use of the Town and its designees. Said channels net shall continue to be a bi-directional, split-band network capable of distributing video, audio transmitting a minimum of ten (10) upstream channels and data to all designated Town owned non-school and school buildings ten ("I-Net Buildings"10) currently Town’s use at their mutual convenience anytime, during this Renewal Licensedownstream channels.
(bc) The I-Net shall be capable of transmitting between the Town Buildings video with accompanying audio transmissions from and other institutions within the Town among other things, electronic mail, data, interactive teaching, energy management monitoring of to those municipal and school buildings and municipal trainingidentified in Exhibit 3.2. The Licensee has no obligation to provide the Town with equipment necessary for these uses of the I-Net.
(c) The Town may use choose to utilize the I-Net for data transmission purposespurposes at its own risk. In the event that there are increased maintenance costs as a result of the Town's use of The Licensee does not support or maintain the I-Net for data transmission purposes, the Licensee may charge the Town for such increased costs, pursuant to Section 3.4(g) below. In the 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 the option of providing such management services, providing further that such services are offered to the Town at a competitive rate in compliance with applicable State and local lawsuse.
(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 continue to be used by interconnected to the Town and/or its designee Subscriber Network at the Headend, Hub-site or other functionally equivalent location (said location to transmit or receive any audio, video or data communication(s) from, or to, any other multi-programming provider without be determined at the Licensee’s written permission. Except with the written permission 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 may not channel and then switched to the designated downstream Subscriber Network PEG Access channel. There shall be used by no charge to the Town and/or 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-Netsaid switching.
(e) The Licensee shall continue to have the sole responsibility for maintaining the IInstitutional Network, except PEG Access and end-Net for the term of this Renewal License; provideduser equipment, howeverand Town installed wiring or related devices, that the Licensee shall have no responsibility for equipment which are not directly under its control or ownership. The Licensee shall be responsible for maintain the I-Net signal quality, and perform all necessary inspections and performance tests 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 I-NetInstitutional Network.
(f) In the event that there are technical problems with The Licensee shall provide a total of five (5) standard Drops to new Town or Public School buildings along the I-Net, excluding any devices, hardware or software not under Net route upon no less than twelve (12) months written notice by the control or ownership of 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 no cost, except when such underground drop is non-standard requiring trunk and installed 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 a rate based upon actual costs and a reasonable return on investment. Any relocation of 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 or other Userand/or the respective Public School system as determined by the Issuing Authority at the actual cost of installation plus a reasonable rate of return, the as allowed under applicable law. The Licensee shall resolve the technical problem shall, within a reasonable amount period of time. Should time after a technical problem continuewritten request by the Issuing Authority, provide a written estimate of the projected cost of the I-Net extension to the Issuing Authority and shall in good faith discuss the Licensee shall meet to discuss a resolution specifics of such problemestimate(s) and less costly alternatives, if any, with the Issuing Authority and its representative(s).
(g) Any The Licensee shall transition and all Imaintain signal transport equipment for Marion, Mattapoisett and possibly Rochester to the Old Rochester Regional High School at ▇▇▇-Net related costs ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇. The Issuing Authority and/or its designee(s) shall be strictly allocated between make available rack space for and shall allow access to said equipment at no charge to the Town and the Licensee according to each entity's use of the I-Net, including but not limited to, construction, installation, operational and maintenance costsLicensee. If requested in writing to do so by the Issuing Authority, in writingExcept for emergency situations, the Licensee shall itemize and verify all such allocable I-Net costsnotify the Town or its designee prior to accessing the equipment. Any further relocation, in sufficient detail to enable as requested by the Issuing Authority to independently verify that such costs have been allocated as required. Unless agreed to otherwisefor said ▇▇▇▇▇▇▇ equipment, the Licensee shall provide said costs, in writing, within thirty will require twelve (3012) 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 months written notice to the Licensee, defend 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