4788�r
ORDINANCE NO. 4788
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM
CONSENTING TO THE ASSIGNMENT OF CABLE TELEVISION
FRANCHISE FROM STORER CABLE TV, INC. TO ML MEDIA
PARTNERS, L.P.
WHEREAS, the City Council of the City of Anaheim ("City")
did enact Ordinance No. 4087 setting forth the terms and
conditions of a cable TV franchise and awarding said cable
television system franchise to Storer Cable TV, Inc. ("Assignor"
or "Storer"); and
WHEREAS, said Ordinance No. 4087 has been amended by
Ordinance Nos. 4214, 4268 and 4353; and
WHEREAS, the City Council of the City of Anaheim has
heretofore consented to the recapitalization and merger plan of
Storer Communications, Inc.; and
WHEREAS, Section 1403 of the Charter of the City of
Anaheim requires the consent of the City Council of City of
Anaheim to the transfer or assignment of this franchise, and then
only under such conditions as may be prescribed by the City; and
WHEREAS, Storer has requested the City's consent and
approval for a series of transactions whereby said franchise and
authorization (the "Franchise") would be assigned to ML Media
Partners, L.P. or its wholly owned subsidiary ( Assignee or
"MLMP"); and
WHEREAS, the City has reviewed the application of Storer
and MLMP, and finds that the interests of the citizens of Anaheim
would be served by a grant of this application, but only upon the
conditions set forth below; and
WHEREAS, the City Council does hereby find and determine
that any penalties or liquidated damages provided or contemplated
by this ordinance are necessary and desirable to encourage and
facilitate the performance of the obligations imposed by the
Franchise and this assignment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That pursuant to Section 1403 of the Charter of the City
of Anaheim, the City Council of the City of Anaheim does hereby
consent to and approve the assignment of the cable television
franchise from Storer to MLMP, which transaction may include
assignment from Storer to SCI 29, Inc., acquisition of the stock
of SCI 29, Inc. by ML California Corporation and assignment of
a
a
franchise to ML Media Partners, L.P., but only upon the
th
performance and completion of e following conditions:
I. Prior to consummation of the assignment of
franchise, Storer shall have completed full performance of all of
its obligations and responsibilities under the Franchise.
Specifically, and without limitation, Storer shall have:
A'Completed all construction of and repairs to
physical cable television plant and facilities such that all
facilities required to be constructed, installed and/or provided
under the Franchise are operational, in good working order, and
meet the technical standards set forth in the Franchise.
B. Completed all restoration and repairs to City
property, including streets, alleys, and rights of way, as
specified by the City Manager, pursuant to Section 15-18 of the
Franchise, and as set forth in Exhibit A on file in the Office of
the City Clerk and incorporated herein by this reference.
C. Installed the cable outlets and origination
equipment as required by Section 12(e) and (f) of the Franchise,
including, on a priority basis, the City's fire stations and
community centers (except Oak Canyon Nature Center).
D. Extended cable television to all areas,
including multiple dwelling units (MDU) as set forth in Exhibit A
on file in the Office of the City Clerk and incorporated herein by
this reference.
E. Paid all fees for which Storer is legally
liable or responsible, whether or not heretofore formally
requested.
II. Prior to consummation, Storer shall have provided to
the City, in a form acceptable to the City Attorney, a letter of
credit or cash bond for One Hundred Thousand Dollars ($100,000.00)
which funds shall be used to pay for such items specified in
Conditions I(A)-(D) above as have not been completed by Storer
prior to the date of consummation. Said letter of credit or cash
bond must be payable and pledged to the City, for a six-month time
frame, on a bank of A rating or better (Moody's) and the principal
may be reduced only with the City's approval. The City may reduce
the sum in the letter of credit as, in its sole discretion, it
finds that the outstanding commitments and obligations of Storer
have been satisfied. All fees due or estimated to be due under
Condition I(E) above shall be paid in cash.
III. The Assignee agrees to and shall be bound by the
following terms, conditions and representations, which hereby are
made franchise obligations.
-2-
A. Assignee voluntarily accepts the Franchise
document as a contractual obligation to the City to assume all
obligation and responsibilities of Storer under the Franchise.
Assignee further acknowledges that said Franchise is the
�.� continuance of the existing Franchise and not a new franchise for
the purposes of Section 557 of the Communications Act of 1934, as
amended, and that compliance with the Franchise, including these
conditions, is commercially practicable.
B. Assignee agrees to and shall be bound by the
specific consumer service standards, specified in Exhibit B
entitled "Service Standards," on file in the Office of the City
Clerk and incorporated herein by this reference.-
C.
eference.
C. Assignee commits to the statement of the
Company's specific plans and policies with respect to operation of
Public, Educational and Governmental Access (PEG) channels,
specified in Exhibit C entitled "PEG Access Channels" on file in
the Office of the City Clerk and incorporated herein by this
reference.
D. Assignee commits to the statement of the
Company's specific plans and policies with respect to the service
and installation of subscribers in multiple dwelling units (MDU)
specified in Exhibit D entitled "Multiple Dwelling Units (MDU)" on
file in the Office of the City Clerk and incorporated herein by
this reference.
E. Assignee agrees to pay all fees or taxes,
including possessory interest taxes, if any shall be levied
against it or the.City due to the franchising of Assignee to
operate a cable television system in the City of Anaheim; and
agrees that said fees or taxes are not within the definition of
franchise fees subject to a five percent (5%) limit under the
Cable Communications Policy Act of 1984. This provision shall be
deemed notice within the meaning of California Revenue and
Taxation Code Section 107.6.
IV. The parties to the assignment shall have deposited
with the City Twenty Thousand Dollars ($20,000.00) to be applied
to full reimbursement to the City of all costs associated with the
evaluation of the application for assignment. If said amount
exceeds such costs, the City shall reimburse the parties, within
three (3) months subsequent to consummation, an amount equal to
the difference between said amount and the actual costs. If said
deposit is less than the actual costs, the parties shall pay the
balance due within three (3) months of the City's bill therefor.
V. The authority granted herein shall be effective upon
(a) the submission by Storer of all documents and fees required
hereby, and (b) the submission by a principal of the Assignee, on
behalf of the partnership, of written acceptance of the franchise
obligations and commitments contained in Ordinance No. 4087, and
MI:
amendments thereto, the representations and undertakings contained
in this Ordinance, the Charter of the City of Anaheim, and any
other law, rule or ordinance applicable or hereinafter lawfully
made applicable to its operations in the City of Anaheim;
provided, however, that in the event the Assignor and Assignee
consummate their transactions prior to the date when this
Ordinance is final, the Assignor and Assignee shall assume any
risk, hold the City, its officers and employees harmless, and
indemnify the City, its officers and employees against any cost,
including any attorney fees, incurred in defending against any
cause of action arising therefrom.
VI. The City hereby ratifies any transfer or assignment
of Franchise from Assignor to Assignee which transfer or
assignment is consistent with the terms of this Ordinance.
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 22nd day of December, 1986.
MAYO THE C OF AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
MES : fm
1573L
121186
-4-
EXHIBIT
Attached sixteen maps indicate areas in which Storer will
complete restoration and repair to city property including
streets, alleys and rights of way as specified by the City
Manager.
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MMISIT $:
SERVICE STANDARDS
a. Service Standards: Assignee shall establish
subscriber service and grievance standards which shall, at
minimum, provide .for. the following commercially practicable
procedures:
,(1) Assignee .shall provide a local, toll -fres
telephone service number for consumer
complaints.
(2) Assignee shall connect a weekly average of
98% of' all telephone callers within two
minutes, and 100% of all telephone callers
within 15 minutes, to a live personal
representative of the Assignee during
Assignee's key service response periods,
defined as a total of fifty-four (54) hours
per week scheduled by Assignee to include not
less than eight (6) hours per day from Monday
to Friday and not lean than four (4) hours on
Saturday. During outages or billing computer
.errors which directly affect five percent or
more of Assignee's customer base in the cable
system, Assignee's service responses shall
not be included in such calculation, if
Assignee employs reasonable equipment and
procedures to provide to telephone callers
during such period, pending connection with a,
live personal representative, ' a recorded
message. Assignee shall not be responsible
for nonperformance which it demonstrates is
caused by equipment or operating problems and
limitations of the telephone public utility
system serving the City of Anaheim.
(3) Assignee shall respond to complaints promptly
and resolve or commence diligent efforts to
resolve complaints within twenty-four (24)
hours, not including delays requested by the
complainant's household. Assignee shall
maintain records and report within two busi-
ness days to the City regarding any complaint
which takes= longer than one week to resolve,
not including any delay which is occasioned
at the request of the complainant, and shall
demonstrate to the City continuing diligent
efforts until the problem is resolved.
WWHIOH/7/121166 -Z-
r.c
UtC. 11 tib 1C; 1C UUUh'LK. WHl I t & LUUHLR SF
(4) Assignee shall provide at least five (5) days
written notice prior to discontinuance qg
(service. If Assignee has improper4 'discop-
tinned service, it shall providgi frpp
reconnection.
(5). Assignee shall afford subscriber's with p
three-day right of, rescission for .orderipg
cable services, except that such right of
rescission shah, end upon initiation of
physical installation on the subperiber's
premises.
(6) All personnel, agents and representatives of
the Assignee, including subcontractors, shall
carry photo -identification badges when acting
in public on behalf of the Assignee.
(7) Assignee shall provide significant advance
notice, in light of the circumstances, prior
to entry whenever desiring to enter any
private property within the City of Anaheim
other than within its . rights under an
easement.
(8) Assignee. shall provide subscribers, and
potential subscribers with whom Assignee
makes personal contact, with a complete list
of service offerings, options, prices, and
credit policies. It shall provide Assignee's
telephone number for 'subscriber complaints,
prominently displayed, in each monthly .bill.
Assignee shall provide subscribers with
monthly, schedules of programming on premium
channels, and on public, educational and
governmental access channels if available.
(9) Assignee shall offer subscribers a choice of
morning or afternoon service visits and shall
make reasonable efforts to accommodate a
subscriber's stated choice.
b. Transition Period. The foregoing subscriber
service and grievance standards and procedures shall be
complied with by Assignee at the earliest practicable time,
provided, however, no subscriber credits or other penalties
shall apply in relation thereto until the expiration of a
transition period ending June 30, 1987. Assignee shall
report in writing to the City by April 30, 1987 regarding
its progress.
WWHlOH/7/121186 -2-
F.3
DL.. 11 'tab 13:13 CUUPER.WHITE & COOPER SF F,4
c Enforcement and. Subscriber Credits. Assignee
shall give monetary credit against a subscriber s occount or
reduce its monthly service fees as provided under tho
following circumstances:
(1Y in the event of a 24-hour service outage, lox
of each affected subscriber's monthly service
fees shall be credited back to the subscriber
pursuant to Section 14(d)(1) of Ordinance
No. 4087 of the City of Anaheim;
(2) in the event of a 48-hour service outage, 20%
of each affected subscriber's monthly service
fees shall be credited back to the subscriber
pursuant to Section 14(d)(2) of Ordinance
No. 4087 of the City of Anaheim; 1
(3) in the event of a service outage exceeding 48
hours, each affected subscriber's monthly
service fees shall be further credited back
to the subscriber on a daily prorated basis
for the duration of the outage.
(4) in the event of a two (2) month period of
substantial failure by Assignee to meet the
subscriber service standards set forth in
this Exhibit B, Assignee shall reduce all
subscribers' monthly service fees by 25%
until all material performance standards are
substantially met, as and in the manner
(including, as to prior notice) provided in
Section 14(d)(3)'of Ordinance No -4087 of the
City of Anaheim.
(s) in the event of a service charge credit or
reduction pursuant to any of (1) through (4)
above, such credit or reduction shall be
separately stated and describedas such on
each affected subscribers monthly statement.
d. Liquidated Damages.
(1) The City shall in its sole .discretion be
entitled, to impose upon Assignee either the
sanctions provided in Section (c) above, or
the liquidated damages provided in this
Section (d), in the event of any instance of
violation of the standards provided in this
Exhibit B.
WWHIOH/7/121186 -3-
• DEC 11 '86 12:14 COOPER,WHITE & COOPER SF
(2) For,94ch instance after written notice from
the, City and failure by Assignee to cure, of
breach of any of the -construction and service
commencement requirements provided in Section
10 of Ordinance No. 4087 or which are
otherwise applicable to Assignee, or for
failure to take corrective action with
respect to such breach, the City may assess
Assignee liquidated damages as follows:
$500
(3) For each, instance after written notice from
the City and failure by Assignee to cure, of
breach of any of the Assignee's obligations
pursuant to the cable service requirements
and standards provided by Section 12 of
Ordinance No. 4087, or which are otherwise
applicable to Assignee, or for failure to
take corrective action iwith respect to such
breach, the City may assess Assignee
liquidated damages as follows:
$250
(4) For each instance after written notice from
the City and failure by Assignee to cure, of
breach of eny of the Assignee's material
obligations with respect to the technical
performance standards provided. by Section 13
of Ordinance No. 4087 and the operational
standards provided by Section 14 of Ordinance
No. 4087, or which are otherwise applicable
to Assignee,, or for failure to take
corrective action with respect to such
breach, the City may assess liquidated
damages from Assignee an follower:
$150
e. Procedural Safe arda. If the City Manager
determines that the Assignee is liable for any sanctions
pursuant to Sections (c) or (d) above, he or she shall issue
to Assignee by certified mail a Notice of Intention to
Impose Sanctions (the "Notice").. The Notice shall set fortlh
the specific basis for the sanctions, and shall infor'r4 th;
Assignee that sanctions will be assessed as specified in thq
Notice unless the Notice is appealed for arbitration beforq
WWHIOH/7/121186 -4-
r.�
DEC 11 'eG 12:15 COOPER,WHITE & COOPER SF
an arbitrator chosen by mutual agreement of Assignee and the
City,. or at either party's election before a panel. of three
._. arbitrators (one chosen by Assignee, one chosen by the City
and the third chosen by the other two arbitrators), who in
either event shall conduct the arbitration pursuant to the
rules of the American Arbitration Association and shall
render a final,• binding decision in writing. If the
Assignee desires such arbitration, it shall send a written
Notice of Appeal by certified mail to the City Manager
within fifteen (15) days of the date on which the Assignee
received the Notice from the City Manager. The arbitration
fees and costs shall be paid -equally by the City and
Assignee, except that the.arbitrator(s) may award such fees
and costa to a party if it is specifically determined by the
arbitrator(s) that such party is the prevailing party in the
arbitration.
f. City Council' Hearings. If Assignee requests
arbitration as provided in d. above, the City Council may,
by written notice to Assignee prior to the completion of
selection of the -arbitration panel, nevertheless cancel such
arbitration and respond to Assignee's Notice of Appeal by
giving public notice followed by public hearings and the
City's decision regarding the appeal. The hearing on the
Assignee's appeal shall be within thirty (30) days of the
date on which the City cancelled arbitration unless mutually
extended by the City and Assignee.' After hearing, and based
on the facts before it, if the City council* finds ( a ) that
an extension of time for cure of violation, or other relief,
should be granted, or (b) that there was never a violation
justifying the imposition of sanctions, then it shall set
aside the City Manager's imposition of sanctions. If the
City finds that, the facts warrant the imposition of
sanctions, such finding shall constitute -the City's final
determination regarding such sanctions. The City may waive
all or any portion of, a'sanction imposed, and in considering
whether or not to do so, the City shall consider, without
limitation, the number and frequency of prior breaches, the
difficulty of cure and the speed and diligence under the
circumstances with which the Assignee cured such breach or
breaches. The City's decision may be conteste
.4 by
arbitration as provided. in (d) above, ir} which 9vogt tl}q
City shall not be entitled to cancel such arbit;#4on
otherwise provided in this Section (e), and in which evep}'
-- Assignee shall pay 100% of the arbitration fees.
g. Force MaIeure. The subscriber • Credits a>"4
liquidated damages provisions of (c) and (d) above shall not
apply in the case of any performance defects caused by
intervening circumstances or events beyond 4saignee14!
reasonable control. Such intervening circumstanc¢a_ or
WWH10H/7/121186 -5-
P.6
DEC 11 166 12:16 COOPER,WHITE & COOPER SF P.7
events shall include, for example and without limitation,
fires, floods, earthquakes, natural disasters, acts of God,
,,.., wars, riots, strikes, commercial unavailability of ' parte or
equipment, extremely inclement weather, governmental acts or
prohibitions, and delays requested by the property owner or
manager.
h.. Subscriber credits and service fee reductions
shall not apply, and liquidated damages shall not be assess-
able, in. respect, of any standards or requirements otherwise
applicable to Assignee which have been. preempted by. con-
trolling legal authority..
WWH10H/7/121186 -6-
DEC 11 '66 12:20 COOPER,WHITE & COOPER SF
EXHIBIT C:
PEG Access Channels
The Assignee shall undertake the following actions
in furtherance of use, support and development of the. PEG
access channel*..
1. The Assignee shall assume and perform each of the
existing franchise obligations with respect to public,
educational and governmental access ("PEG") channels, and
shall without limitation continue the following practices in
connection therewith:
(a) Provide at least one (1) channel without
charge for use as a public access channel (presently,
Channel 6). As a minimum, the public access channel
Capability is required to include a time base corrected
videotape playback capability (3/4" U -Matic cassette or
other approved format).
(b). Provide a public information channel for
utilization by the City or a City -appointed designee
(presently, Channel 3). This channel is required to employ
a colorized alphanumeric character generator with local
display which has been provided to and located at the
direction of the City.
(c) Upon direction of the Council, provide at
least three (3) channels without charge for local government
and educational access (presently, Channel 3 for govern-
mental access, Channel 33 for educational access (based at
California State University at Fullprton), and Channel 37
for. further educational access (origination by the school
districts of the City of Anaheifi) .
(d) Provide a cha:}nel for logse4 apcepq gRV
(.presently, Channel 41) .
(e) Install and maintain a studig ar}d Pg4den4
that will be capable of'producing live and recprded prQgrajp"
ming for cablecasting in color and/or black and Whit¢ for
distribution on the entire cable system. Assipog shall
make available equipment and assistance for the production
of programming at this studip at lease rates for uppX
leased access channel users. For public access chiknn9J
._. users, Assignee shall continue to provide free use o;f the
production facilities subject to reasonable rules, and shall
provide preliminary training and pre- and post -production
assistance for the first five (5) minutes -of program airtime
produced, as provided by Ordinance No. 4087.
WWH10R/4/121.186 - I -
P.11
DEC 11 'tib 1e; el CUUF'LK, WHl I t & WUh tK 5r
(f) ..Provide .the services of 'at least ons
employee(s)-for-community assistance with PEG access channel
usage on a basis equivalent to one full-time employee.
2. The Assignee shall commence by March 1, 1987 to
confirm, and complete as necessary, the provision of the
following -resources to the community in support of access to
cable television:
:(a)' Free,cable connections to all public schools,
community colleges, firs stations,,police stations and other
City buildings used for public purposes, designated by the
City Council and situated on lots lying within five hundred
(500) feet of any line of the cable distribution system.
(b) Cable connections to any public schools,
Community colleges, fire stations, police stations and.other
City buildings used for public purposes, designated by the
City* Council and situated on lots lying more than five
hundred (500). feet from any line of the cable distribution
system. Such connections shall be provided at no charge to
the City except for the excess installation cost with
respect to the extension over 500 feet, which shall be
charged according to the cable system's customary cost
allocation method for excess line installation, or actual
cost whichever is less.
(c) A free cable connection and an origination
connection capability at any of the following public sites
whose boundaries lie within five hundred (500) feet of the
cable distribution system: The Anaheim Convention Center,
Civic Center, stadium, and public utilities facilities
designated by the City Manager. Pursuant to Ordinance
No. 4087, the required origination connection capability is
to consist of.installation. of a television modulator or
equivalent device capable of utilizing standard audio and
video base band signals, the necessary cable distribution
system upstream or equivalent transmission capacity, and the
necessary system headend equipment required to distribute
programming to all subscribers from the Convention Center,
Civic Center, stadium, or other public utility facility
designated by the City Manager.
3. The Assignee shall make appropriate
view of community preferences, to increase
awareness,: support, utilization and viewing of
channels, including the following actions:
(a) Assignee
the cable system serving
existence of the PEG
efforts, in
community
PEG access
will carry promotional notices over
Anaheim informing viewers as to the.
Channels and. the availability of
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information' concerning program. production assistance''and
Program distribution capabilities on such channels.
(b) Assignee will include available program
information for PEG channels in Assignee's, regular cable
program guides.
following (c) Assignee will provide notice annually to the
g persons of the availability of a free copy of 'the
cable system's access. information guide (which is presently
contemplated to- be continued by,Assignee in substantially
its existing. form) t, .
(i) the senior officers or' communications
directors of all civic, charitable and other community
organisations within the franchise territory which Assignee
is able to identify with reasonable effort;
persons responsible for drama and
theater, musical, artistic and other cultural and communica-
tions programs at all public and private schools, colleges
and universities in the City of Anaheim which Assignee is
able to identify with reasonable effort;
(iii) responsible persons at all public and
private libraries within the City of Anaheim which Assignee
is able to identify with reasonable effort;
(iv) any other person having a mailing
address for.the City of Anaheim who requests such notifica
tion or other information from Assignee.
(d) Assignee will review, revise and update as
appropriate the access information guide of the cable system
serving the City of Anaheim, in consultation with appro-
priate City officials or committees, users of the PEG access
channels 'and resources, and other interested persons, to
provide appropriate procedures for the following=
(i) the availability of information concern-
ing PEG facilities and resources;
(ii) the appropriate staff parsons of
Assignee to contact to further inquire about such PEG
..., channels and resources or to schedule arrangements for
instruction in the use thereof;
(iii) the scheduling of use of the production
facilities and equipment;
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.(iv) the 'scheduling of viewing times for
programming offered for distribution on PEG channelop and
timet PEG (v) the development of more complete and
Y program guide information, for inclusion in
program guides provided by Assignee over the cable system.
tej Assignee will contact the responsible persons
or access committee officials of other franchising authori-
ties of areas served by -the cable system serving the City of
Anaheim, to arrange for communication and coordination among
such persons for the joint and mutual use of the PEG access
Channels and facilities by the various Communities.
4. Production and Playback Ecruipment. The present
complement of equipment, which exceeds that specified by the
terms of Ordinance No. 40870 shall be maintained, repaired
and replaced as necessary to preserve the present overall
effective level of equipment resources. Commitments to
acquire additional quantities of equipment or more
sophisticated equipment shall be considered from time to
time by Assignee in consultation with the. City and its
designee and with users of the PEG access channels and
equipment, and . in view of technological developments,
compatibility with Assignee's cable distribution system,
financial 'requirements, practical suitability, and user
interest. Assignee shall provide casualty insurance for PEC
equipment and shall employ reasonable methods to promote the
responsible use and care of the equipment by members of the
community.
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EXHIBIT D:
MULTIPLE DWELLING UNITS (MDU)
MDU
(l.) As a construction requirement subject to the
liquidated damages section (d)(2) of Exhibit S, Assignee
shall make -cable service available to individual residential
units of a' building or 'structural complex in the City of
Anaheim passed by Assignee's cable distribution system and
containing. multiple residential dwelling units, in
accordance with the schedule set forth in (3) below, so long
as the owner of such building or structural complex consents
in writing to the following:
.a. To Assignee's providing of the service to
units of the building or structural complex; ,
b. To reasonable conditions and times for.
installation, maintenance and inspection of the cable
distribution system installed on the promises;
c. To' reasonable conditions promulgated by
Assignee to protect its installed plant and equipment and to
encourage widespread use of the system;
d. Not to demand or accept payment or other
consideration from Assignee for permitting Assignee to
provide service to the building or structural complex and
not to discriminate in rental charges or otherwise, between
occupants who receive cable service and those who do not;
a.# Assignee shall retain the right to
discontinue service to the building or structural complex
should the owner or manager charge occupants more than the
standard cable service rates charged from time to time to
other residential subscribers of Assignee;
f. If cable services are provided to the
building or structural complex under a bulk sales agreement
with the owner, the owner or manager shall distribute or
make available to, units subscribing to cable services,
current copiers of Assignee's program guides which Assignee
will provide in sufficient numbers and on the same schedule
as such program guiders are provided by Assignee to its other
subscribers.
(2) Assignee shall make cable service available to all
units within a• building or structural complex on a direct
billed individual subscriber basis in the event As aignee and
the owner of the premises mutually agree on the easements
and other terms .reasonably necessary for such an
arrangement; cable service under such an arrangement shall
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be made. available to property owners .on an equal priority
with.the availability of bulk sales arrangements, and upon
the same schedule set forth in (3) below.
(3) Buildings' -and .structural complexes in the City of
,Anaheim .eligiblefor cable wiring and. service as set forth
.in ,.(1) - above .. shall: be offered the . opportunity to receive
such cabrle wiring and service on the following schedule:
a.: Assignee shall make available ..to eligible
buildings :and structural complexes - in the City of Anaheim
containing multiple residential units and not then wired for
cable service (or its equivalent such as Satellite Master
Antenna Television service), written notice describing the
availability of cable wiring and service pursuant to the
provisions of (1) and (2) above. Such written notice shall
be sent to a property's owner, if known, or to the address
of a property or its on-site management office, addressed to
"Property Owner or Manager." The sending of such written
notices shall. be completed in three stages ending. March 1,
1987, March 31, 1987, and. April 30, 1587, respectively, with
approximately equal'numbers.of notices required to be sent
during each stage. .,Assignee shall also make available such
written notice to any other person requesting it in writing,
and to other apparently eligible property owners or managers
who.Assignee has -..identified by examination of appropriate
listings in the Yellow Pages business telephone directory of
the telephone company serving the City of Anaheim.
b. Within twenty-one (21) days of receiving
written notice of interest in cable wiring and service from
an owner or owner's representative of an eligible building
or structural complex; Assignee shall offer to commence
negotiations with such person for the provision of cable
wiring and service pursuant to the terms of (1) and (2)
above. Assignee shall exert diligent efforts to reach
agreement in writing with such person at the earliest
practicable time on appropriate terms for the provision of
cable wiring.and service.
C., Within eight (8) months after reaching' such
agreement in writing, Assignee shall complete the
installation of cable TV service capability at the agreed
site.
d. The activityscheduling g periods not forth
above shall be tolled (suspended) with respect to a given
installation or activity for the duration of any period when
intervening circumstances or events beyond Assignee's
reasonable control have prevented Assignee's response or
continued progress with respect to such installation or
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activity. ;Such.: intervening circumstances or events shall
include, for, example and without limitation, fires,' floods,
earthquake s.;:..natural disc iters, acts of God, wars, riots,
strikes, commercial unavailability of parts .or equipment,
extremely ..inclement . weather, governmental. ..acts or
prohibiti.ons.,.. and -delays... requested by...the property owner or
manager.'...;
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