1983-031-Authorizing Execution Of Franchise Agreement With Hearst Cablevision Of CaliforniaRESOLUTION NO. 1983 -31
RESOLUTION AUTHORIZING EXECUTION OF
FRANCHISE AGREEMENT WITH HEARST
CABLEVISION OF CALIFORNIA
RESOLVED, by the Town Council of the Town of Los Gatos, that
the Mayor is hereby authorized to execute that certain Franchise
Agreement between the Town of Los Gatos and Hearst Cablevision of
California attached hereto:
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos held this 7th day of February, 1983, by the
following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Terrence J. Daily,
Thomas J. Ferrito, Marlyn J.
Rasmussen and Mayor Brent N. Ventura
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GAT
FRANCHISE AGREEMENT
THIS AGREEMENT, made and entered into this 7th day of February,
1983 at Los Gatos, California, by and between the TUWN7T—LOS GATOS, a municipal
corporation of the State of California ( "Grantor" herein), and HEARST
CABLEVISION OF CALIFORNIA, a Delaware corporation (doing business as HEARST
CABLEVISION OF LOS GATOS) ( "Grantee" herein).
W I T N E S S E T H :
WHEREAS:
1. Chapter 9 of the Town Code of Los Gatos authorizes the Town as
Grantor to grant one or more nonexclusive franchises to operate, construct,
install and maintain a cable television system within the Town; and
2. Such a franchise was granted to Teleprompter Corporation pursuant
to Ordinance No. 1429 and subsequently transferred to Group W Cable, Inc.; and
3. Grantee wishes to acquire from Group W Cable, Inc. the franchise
so transferred, and to obtain an extension of the terms of said franchise, and
Grantor desires to approve and grant the same;
NOW, THEREFORE, Grantor and Grantee do hereby agree as follows:
Section 1. FRANCHISE TRANSFER.
Pursuant to the applicable provisions of Chapter 9 of the Town Code,
the Town as Grantor hereby approves the transfer to Hearst as Grantee of the
franchise previously awarded to Teleprompter by Town Ordinance No. 1429, subject
to the conditions of revised Chapter 9 and this Agreement.
Section 2. FRANCHISE EXTENSION.
2.1. Grant. Pursuant to Section 9.30.010 of Chapter 9, the Town
hereby grants to Grantee a franchise to construct, operate, install, maintain,
and reconstruct a cable communications system within the Town, subject to all of
the terms and conditions of Chapter 9 and this Agreement.
2.2 Extension. In accordance with Chapter 9, the Town as
Grantor hereby grants to Grantee an extension of the franchise referred to in
Section 1, thereby extending its term to ten (10) years from the effective date
of this Franchise Agreement, subject to all terms and conditions of Chapter 9
and this Agreement.
2.3 Effective Date. No rights shall accrue to Grantee under
this Agreement until Grantee has, in writing signed by an officer authorized to
do so, executed this Agreement and delivered it to the Town together with all
required instruments of s- curity and proofs of insurance.
Section 3. IMPROVEMENTS.
Grantee shall make repairs and improvements to the System under the
terms and conditions set forth in Exhibit A attached hereto.
Section 4. PROGRAM SERVICES.
4.1. Initial Services. Subject to modification as provided
herein or in Chapter 9, Grantee shall initially provide the program services
described in Exhibit tached hereto at the time th , provided. Grantor
recognizes that the prorjsed modifications to the systei,, include the elimination
from the present basic service package of five television signals from
Sacramento, Monterey, and Salinas, carrying a variety of types of programming.
As a replacement, the Grantee shall add to the basic service the signals of at
least three satellite - delivered networks that include programming selected from
the following programming types: cultural, educational, sports, children, or
news. If Grantee is required to carry any additional "must carry" channels, it
will not do so by eliminating any of the three satellite - delivered networks.
4.2. Additions. If channel capacity is increased beyond thirty
channels, the basic subscriber service package shall be expanded to include
every fourth channel added; i.e. the first, fifth, ninth, etc.
Section 5. RATES.
5.1. Initial Increases. Upon completion of the improvements
required in Exhibit A to e completed within six (6) months, Grantee may raise
its rate for basic subscriber service to $10.25 /month and $4.00 for each
additional outlet, subject to the following procedure:
a. When Grantee deems that the required improvements have
been completed, it shall so certify to Grantor by certified mail to the Town
Manager.
b. After receipt of the aforesaid certification, the'Town
may obtain an independent audit of the certification. Grantee shall reimburse
Grantor for the cost of said audit up to a maximum of $5,000.
C. If the audit shows that the Grantee's certification is
not correct, Grantor shall notify Grantee thereof within ninety (90)days after
the certification, and Grantee shall immediately rebate by credit all funds
collected by way of increased rates, and shall not be entitled to renew said
rate increases until the improvements have been concluded to the satisfaction of
the Town.
5.2. Upon Grantee's completion of the improvements required to
be completed in one (1) year in Exhibit A, it shall be entitled to increase its
basic subscriber service rate to $11.00 per month, with $4.50 per month for each
additional outlet. Town may audit said certification of such improvement as
provided in the preceding paragraph, except that the cost of the audit shall not
exceed $7,500. If the audit shows that the Grantee's certification is not
correct, Grantor shall notify Grantee thereof within ninety (90)days after the
certification, and Grantee shall immediately rebate by credit all funds
collected by way of said increased rates hereunder, and shall not be entitled to
renew said rate increases until the improvements have been completed to the
satisfaction of the Town.
5.3. Subsequent Rate Changes. All subsequent proposals for
basic subscriber service rate changes shall be governed by the procedures set
forth in Chapter 9; provided, however, that Grantee and Grantor hereby
acknowledge that the provisions of Sections 9.40.045 and 9.40.055 are currently
preempted by California Government Code Section 53066.1.
Section 6. COMMUNITY ACCESS.
Grantee shall provide one (1) community access channel, as specified on
Exhibit B hereto, viewable by all subscribers, and available for community,
educational, local, and municipal use; provided, however, that such channel may
be used by Grantee for its own programming purposes during periods when no
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community, educatio local, or municipal service vailable. Grantee may
also use the communi4, .ccess channel and equipment tu. ,wenty -four (24) hours
per week at no charge. Grantee shall provide, at Grantee's sole cost and
expense, a second community access channel if the first channel is in use during
eighty percent (80 %) of the weekdays for eighty percent (80%) of the time during
any consecutive 13 -hour period for ten (10) consecutive weeks; provided that if
after the second channel is provided, the first channel fails to meet the
foregoing standard for six (6) consecutive months, Grantee need not continue to
provide the second channel.
In accordance with the provisions of Section 9.40.025 of Chapter 9,
Town may utilize and manage said access channel as therein provided. It shall
be the obligation of the Town, and not Grantee, to maintain, coordinate, and
operate the programming and equipment and facilities utilized in connection with
this section. The Town may use the funds set forth in Paragraph 4 of Exhibit A
hereto in furtherance of these purposes.
Section 7. TECHNICAL STANDARDS.
Within twelve (12) months, or twenty -four (24) months if the
alternative permitted in Exhibit B is utilized, from the execution of this
Agreement, Grantee shall operate and maintain the Cable Television System in
such a manner as to meet the technical standards set forth in Exhibit C attached
hereto. Such standards may be modified from time to time as provided therein or
in Chapter 9.
It is understood that the Grantee has not had the opportunity to fully
examine the technical performance of the system, due to lack of complete maps
and other issues, and that Grantee is thus unable to fully determine whether the
existing cable system, after completion of all system repairs and alignment,
will be practically capable of meeting the Technical Specifications contained in
Exhibit C. It is not intended that the system be reconstructed in order to meet
those specifications. If, upon completion of the remapping, repairs, alignment,
and detailed technical examination of the existing system within the first six
(6) months of system operation, it is found that certain of the detailed
technical performance specifications cannot be met, the operator shall submit
proposed modified specifications along with a statement justifying why each
modification is appropriate; such proposal and statement shall be submitted
within eight (8) months of the grant of the franchise transfer. The Grantor
will then respond within thirty (30) days, indicating either acceptance of the
proposed modifications or providing information as to why the proposal is
unacceptable. If required, a final resolution shall be reached by negotiation
between technical representatives of both parties.
Section 8. NEGOTIATIONS FOR POSSIBLE REBUILD.
Commencing in July, 1989, Grantor and Grantee shall enter into good
faith negotiations in an effort to reach mutual agreement on the terms and
conditions of e plan to rebuild the then existing Cable Television System
( "System Rebuild Plan "). The System Rebuild Plan shall be designated to provide
for the operation and maintenance of a cable system to be constructed and
maintained so as to consist of state of the art technology at the time of its
construction, to the extent it is economically and technically feasible. Such
negotiations shall also include negotiations for a renewal of the franchise for
a term sufficient for Grantee to realize a reasonable return on its investment
to implement the rebuild. If the Town and Grantee agree as to a fair and
reasonable program for the improvement of the cable system pursuant to the
ayreed -upon System Rebuild Plan, Grantee shall agree that construction of said
System Rebuild Plan shall commence the year following the expiration of the
franchise as extended pursuant to this Franchise Agreement.
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Section 9. MISCELLANEOUS.
9.1. Recover of Consultant Costs. Grantee shall, within thirty
(30) days of the effective date of t is Agreement or receipt of an appropriate
invoice from Grantor, whichever is later, pay to Town a sum equal to the cost
incurred by Town for technical consultants providing services to Town in
connection with the negotiation of this Agreement; provided, however, that the
sum required to be paid to Town pursuant to this Section shall be for services
rendered during the period August 17, 1982 to the date of this Agreement, and
shall not exceed Ten Thousand Dollars ($10,000).
9.2. Service Area. As provided in Section 9.30.015 of Chapter
9, the service area o t is rranchise shall be the entire territory of the Town
of Los Gatos.
9.3. Limit on Audit Expenses. Pursuant to Section 9.40.035 of
Chapter 9, the expenses of the independent auditor on the triennial performance
review shall not exceed Seven Thousand Five Hundred Dollars ($7,500).
9.4. Amount of Construction and Performance Bond. Pursuant to
Section 9.50.010 of C apter 9, the amount of Grantee's bond shall be Fifty
Thousand Dollars ($50,000.00).
9.5. Security Fund. Pursuant to Section 9.50.020 of Chapter 9,
the amount of the security fund shall be Five Thousand Dollars ($5,000.00).
Interest shall accrue to the benefit of Grantee at the rate of seven percent
(7 %) per annum from the effective date of his franchise on the sums from time to
time maintained in the Security Fund; provided; however, that Town shall have no
obligation to segregate the Security Fund nor to pay over said seven percent
(7 %) interest to Grantee except upon demand by Grantee as a credit against
franchise or other fees otherwise due pursuant to Chapter 9 or this Franchise
Agreement.
9.6. Attorney's Fees. In the event of litigation between
Grantor and Grantee over any aspect of Chapter 9, this Agreement, or any aspect
of cable television service in the Town, the prevailing party shall be entitled
to reasonable attorney's fees.
9.7. Option to Close Local Office. Grantee shall have the right
to close its local office wit t e we
consent of Grantor, which consent
shall not be unreasonably withheld.
9.8. Limitation on Audit Fees. Notwithstanding anything to the
contrary contained in Section 9. 0.0 o Audit of Alleged Inadequate Performance)
of Chapter 9, the total reimbursement from Grantee to Grantor for the costs of
hiring consultants pursuant to said section shall not exceed, in any twelve (12)
month period, the sum of Seven Thousand Five Hundred Dollars ($7,500.00).
9.9. Election under Government Code Section 53066._7(f)(3). At
such time as Grantor has established an Access Channel Manager as provided in
Section 9.40.060 of the Town Code in a manner that complies with Government Code
Section 53066.1(f)(3), Grantee shall elect to provide forty cents per subscriber
per year to that entity as provided in said section.
M
Section 10. DEREGULATION. Grantor and Grantee expressly recognize and
agree that t e initial services contained in Exhibit B hereto, and the community
access provisions of this Agreement and Chapter 9, constitute satisfaction of
the conditions to Grantee's right to elect deregulation of rates as same is more
specifically set forth in California Government Code Section 5066.1, et. seq.,
as currently in effect.
Section 11. MORATORIUM. The provisions of Sections 9.30.050
(Forfeiture or evocation , . .020 (Security Fund), 9.60.015 (Plant Survey),
and 9.70.010 through 9.70.015 (Remedies for Franchise Violations) shall not take
effect until one (1) year from the effective date of this Agreement
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the day
and year first above written.
DATED: �� TOWN OF LOS GATOS
By
Mayor
DATED: HEARST CABL ISION OF CALIFORNIA
B
�, Pgoing instrument is a
^o-ec' copy of the original
r� file in t
i _ST' zt �
<.,;__F K OF THE TOWN OFLOSGIOS
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IMPROVEMENTS
Grantee shall make the following improvements to service, and shall
complete the improvements by the deadlines indicated. The time for completion
of any specific improvement shall begin on the first day that the Franchise
Agreement is in effect.
1. Signal Reception Improvements.
In each instance listed below in this Paragraph 1, Grantee may
utilize alternative signal reception improvements if approved by Grantor.
a. Installation of community earth station sufficient to
permit all satellite - delivered signals now carried on the system or to be
carried in the future to be received at the local system, thereby eliminating
insofar as possible the.present use of microwave facilities for delivery of such
signals. Completion within six (6) months.
b. Elimination or repair of all microwave links serving the
system; any microwave links to be retained are to be repaired so as to operate
within manufacturer's specifications, and a plan for continued maintenance to
those specifications is to be submitted to the Town. Completion within six (6)
months.
C. Installation of new or modified off -air receiving antennas
where necessary to correct inadequate signal levels or ghosting conditions.
Includes antennas for local system headend and for any signal to be received at
Monument Peak if such signals are retained for carriage on the system.
Completion within six (6) months.
d. Installation of new or repaired processing equipment at
headend where required to correct spurious interference, cross modulation,
incorrect aural - visual signal level ratios, and other problems, such that
technical performance specifications are met. Completion within six (6) months.
e. Installation of standby power at headend sufficient to
operate all processing equipment at that site. Completion within six (6)
months.
2. Signal Distribution Improvements.
In each instance listed below in this Paragraph 2, Grantee may
use alternative signal distribution improvements if approved by Grantor.
a. Installation of a supertrunk between any remote reception
site (existing Kennedy Road site or other subsequent site) and a hub. site
centrally located in the distribution system. The improved design should
include one -inch transmission cable, low- distortion amplifiers, and a channel
transmission configuration designed to minimize overall degradation to the
signals when reprocessing at the hub is taken into consideration; other
appropriate designs may also be proposed. Completion within twelve (12)
months. If a firm proposal for an AML hub system, including a specific
schedule, is provided by the Grantee, it will then be.considered acceptableif
the amplifiers in the main trunk (from the headend to the first major trunk
split in the center of the Town) are replaced by an approved newer design
low - distortion amplifier, with the existing cable left in place. If Grantor
approves the concept of a super hub, completion may be extended to twenty -four
(24)
EXHIBIT A
b. t,._ansion of capacity of
least thirty (30) channels. Reconfiguration
hub served by supertrunk, as and if required.
months. If Grantor approves the concept of a
improvements described herein, completion may
months.
existing . stribution system to at
if distribution system, to utilize
Completion within twelve (12)
super hub in lieu of the
be extended to twenty -four (24)
C. Establishment of a continuous balance and sweep program.
Full system to be swept at minimum interval of six (6) months. Completion
within twelve (12) months.
d. Addition to test equipment as proposed by Grantee.
Completion within six (6) months.
e. Restoration or installation of operational AGC equipment
throughout distribution system, in conformance with original system design.
Completion within twelve (12) months.
f. Provision of improved spare parts inventory, in accordance
with proposal by Grantee. Completion within six (6) months.
g. Updating of all system construction maps to current system
status. Provision of Mylar map masters. Provision of map reductions for use in
all field vehicles. Provision of one reduced map copy to Town. Completion
within twelve (12) months.
h. Provision of adequate field vehicles for use by field
maintenance personnel. Completion within twelve (12) months.
i. Provision of improved staff of technical personnel, in
accordance with proposal by Grantee.
j. Institution of regular program of company technical
seminars. Completion within three (3) months.
k. Installation of addressable converters throughout the
system. Completion: No later than two (2) years after the effective date of
this Franchise Agreement, addressable converters will be available to all
subscribers requesting appropriate tiers of service.
1. Subject to the density, and other conditions regarding line
extension contained in Chapter 9, completion of construction of distribution
system and provision of cable television service to all areas of the Town not
presently served. Completion within eighteen (18) months.
3. Customer Service Improvements.
a. Institution of increased selection of satellite- delivered
programminy. Upon completion of installation of the community earth station, an
additional selection of satellite - delivered services shall be offered to
subscribers. Upon initiation of such service offering, the existing imported
broadcast television channels from Sacramento, Monterey and Salinas may be
deleted from the system. Basic subscriber television service shall subsequently
include, at the minimum, those signals listed in attached Exhibit B. Other
tiers of service may be offered at the discretion of the Grantee. Completion
upon compliance with Paragraph 2a of this Exhibit.
b. Establishment of a customer service center, in accordance
with plans previously proposed by Grantee. Completion within six (6) months.
EXHIBIT A
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C. I titution of a technical service esponse program
including live telephone service response available from 9:00 A.M. to 9:00 P.M.
seven (7) days a week. Completion within six (6) months.
d. Institution of an on -line billing system permitting system
personnel to perform customer inquiries and service call processing via
computer. Completion within twelve (12) months.
e. Establishment of a central radio dispatch system for
dispatching of field maintenance personnel. Completion within six (6) months.
f. Institution of an improved public relations program. To
begin immediately.
g. Provision of an adequate and competent clerical staff.
Completion within three (3) months.
h. Institution of a program of regular company clerical
seminars. Completion within three (3) months.
4. Community Service Improvements.
a. Interconnection shall be provided to permit the direct
insertion of community access programming onto an access channel of the system
from two out of three of the following points: at the Los Gatos Town Hall, at
the Los Gatos Community Center, or at the Los Gatos High School. Completion:
Capacity for tape or replay, twelve (12) months; live programming, twenty -four
(24) months.
b. Grantee shall pay the following amounts to Grantor to be
used exclusively for local origination and access equipment:
(1) Fifty Thousand Dollars ($50,000) at the time of the
certification referred to in Paragraph 5.1 of this
Franchise Agreement.
(2) An additional Fifty Thousand Dollars ($50,000) at
the time of the certification referred to in Paragraph
5.2 of this Franchise Agreement.
C. All public buildings, defined as schools, fire - police
stations, libraries, and municipal government buildings within the Town limits
shall be provided one outlet for cable service without installation charge or
monthly service fee when the system passes within five hundred (500) feet of the
lot line. Grantee shall absorb the cost of any amplification equipment
necessary to satisfy this requirement. Completion within twelve (12.) months.
d. The System shall be so configured as to permit transmission
of emergency audio override warnings on all television channels of the System
simultaneously, upon the order of appropriate Town officials. Completion within
twenty -four (24) months.
5. Completion of System Repairs.
Grantor recognizes that most of the specific repairs and
corrections required by the Hammett & Edison, Inc. report to Grantor of February
19, 1982, will be accomplished as other system work specified in the
EXHIBIT A
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previous paragraphs a impleted. In any event, all ol .ne systems shall be
repaired or modified to meet the Technical Specifications contained in Exhibit C
within twelve (12) months or twenty -four (24) months if the super hub concept is
utilized. Specific problems identified by the report, which may not be covered
under other provisions herein and which are required to be corrected, are the
following:
a. Elimination of spurious interference to Channel 48 signal carried
on cable Channel 12
b. Elimination of severe interference to Channel 32 signal carried
on Cable Channel N
C. Correction of low signal levels throughout the large apartment
complexes.
d. Installation of taps in above - ground pedestals in underground
utility areas where the seepage of water has been a substantial
problem.
EXHIBIT A
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A.
91
C.
D.
PROGRAM SERVICES
Basic Subscriber Television Services.
1.
KTVU -TV
2
Oakland
IND
2.
KRON -TV
4
San
Francisco
NBC
3.
KPIX -TV
5
San
Francisco
CBS
4.
KGO -TV
7
San
Francisco
ABC
5.
KQED -TV
9
San
Francisco
EDU
6.
KNTV -TV
11
San
Jose
ABC
7.
KDTV -TV
14
San
Francisco
EDU
8.
KEMO -TV
20
San
Francisco
IND
9.
KTSF -TV
26
San
Francisco
IND
10.
KQEC -TV
32
San
Francisco
IND
11.
KIVU -TV
36
San
Jose
IND
72.
KVOF -TV
38
San
Francisco
IND
13.
KBHK -TV
44
San
Francisco
IND
14.
KSTS -TV
48
San
Jose
IND
15.
KTEH -TV
54
San
Jose
EDU
16.
KCSM -TV
60
San
Mateo
IND
17.
THE SPORTS
CHANNEL
18.
LOCAL ORIGINATION
/MUNICIPAL
ACCESS /COMMUNITY
19 -21.
THREE OTHER
SATELLITE
-
DELIVERED
NETWORKS SET
4.1 OF THE
AGREEMENT.
ACCESS
FORTH IN PARAGRAPH
Pay Satellite Television Package (Within twenty -four (24) months).
Network
1. CABLE HEALTH NETWORK
2. DAYTIME
3. MUSIC TELEVISION
4. USA NETWORK
5. WTBS
Pay Television Services.
1. SHOWTIME
2. HBO
Basic Music Services.
Programming
FITNESS AND MEDICINE
WOMEN'S VIDEO MAGAZINE
CONTEMPORARY MUSIC
SPORTS VARIETY
GENERAL INTEREST
24 INDIVIDUALLY PROCESSED FM STEREO STATIONS
EXHIBIT B
CHNICAL ,PERFORMANCE SPECIFIC.,.. .S
System performance specifications indicate the desired technical
quality with which television and other signals are to be carried by the system
and delivered to subscribers. These specifications shall apply to the complete
system in place as of 1982 and shall apply to all subsequent construction.
All signals carried by the system on outgoing channels shall
simultaneously meet these minimum performance standards at each 75 ohm
subscriber terminal at all times for any ambient temperature between 30 and
100 F. For broadcast signals, these performance specifications relate to the
entire signal path, including the effects of propagation from the original
station and the performance of the off - the -air receiving antenna systems. For
signals received via satellite, these specifications apply to the path beginning
with the earth station receiving antenna and include all facilities necessary to
process the signal and .relay it to the final subscriber. For other signals not
originated within the return cable system, these specifications relate to the
entire signal path including the equipment required to relay the signal from the
point of origin to the point of insertion into the cable system. For signals
originating in the return system, these specifications apply to the return
portion of the path and to the outgoing portion of the path, each independently.
Television Signals. The system shall meet the following performance
standards with television signals being carried on any number of channels up to
the system capacity. The carriage of encoded television, data, FM signals; or
return signals shall not degrade any television signal below these standards.
1. Channel Assignments. The 12 standard VHF channels shall be as
specified in Section 73.603(a) of the FCC Rules, with additional
channels assigned as in common cable television practice.
2. Channel Frequency Response. The amplitude variation with frequency
across any single 6 MHz channel shall not exceed + 1 dB.
3. Visual Carrier Frequency. The frequency of the visual carrier shall be
maintained at 1.25 MHz + 25 kHz above the lower boundary of each 6 MHz
channel, as carried on the system. FCC standards shall apply to
converter outputs, where utilized.
4. Aural Carrier Frequency. The frequency of the aural carrier shall be
4.5 MHz + 1 kHz above the frequency of the visual carrier.
5. Synchronous Carriers. All VHF broadcast signals carried on- channel on
the cable within their Grade B contour shall be synchronous (phase
locked) with the original broadcast signals. This shall not imply a
requirement for replacement of existing headend processors where such
processors are not presently capable of being phase locked; but shall
apply to any new processing equipment added to the system.
Notwithstanding, phase locking shall be provided for any VHF signals
for which direct pickup problems are experienced.
6. Subscriber Signal Levels. The visual carrier level (defined as the RMS
visual carrier voltage during synchronizing pulses across a 75 ohm
termination) shall be a minimum of 0 dBmV at each subscriber terminal.
The maximum level shall not exceed + 18 dBmV.
7. Aural Carrier Level. The aural RMS carrier level shall be maintained
between 13 and 17 dB below the associated visual carrier level.
EXHIBIT C
3. Adjacent - Channel Visual Carrier Levels. Levels of any visual carriers
with a nominal 6 MHz frequency separation shall differ by no more than
3 dB.
9. Overall Visual Carrier Levels. No visual carrier level shall differ by
more than 10 dB from any other visual carrier level.
10. Visual Carrier Level Stability. The visual carrier level on each
channel shall vary no more than 10 dB through any 24 -hour period.
11. Cable System Noise. The noise generated within the system shall be
such that the ratio of visual carrier level to the RMS noise voltage in
or referred to a 4 MHz bandwidth located within the channel is greater
than 43 dB.
12. Intermodulation Products. The RMS level of any single intermodulation
product or other unwanted coherent signal within any 6 MHz channel
shall be at least 55 dB below the visual signal level. The RMS level
of all such signals within any 6 MHz channel, when combined, shall be
at least 46 dB below the visual carrier level.
13. Cross - Modulation Level. Cross - modulation products, as defined and
measured in accordance with NCTA specifications, shall be at least 50
dB below the visual carrier level.
14. Hum. The peak -to -peak variation in visual signal level caused by
undesired low frequency disturbances (hum or repetitive transients)
generated within.the system shall not exceed 2% of the visual carrier
level.
15. Reflections. Signal reflections, due either to reflecting objects in
any radio path or due to any processing or distribution system
equipment, shall be no greater than the following limits:
Reflections Relative
to the
Delay Incident Signal
Less than + 0.5 microsecond -20 dB
Greater than + 0.5 but less than -30
2.0 microseconds
Greater than + 2.0 microseconds
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Exceptions to this specification will be granted for particular
channels received off -air where it can be demonstrated that all
reasonable techniques have been utilized to reduce the effects of
multipath interference; it is not intended that microwave importation
be utilized for signals presently received off -air at the system
headend, in order to meet this specification.
16. Subscriber Terminal Isolation. The isolation provided to each
subscriber terminal from any other subscriber terminal shall not be
less than 25 dB over the frequency range from 5 to 400 MHz, except that
the isolation between separate subscriber terminals of the same
subscriber shall not be less than 15 dB. This shall apply only to
replacement equipment; existing equipment shall conform to FCC
specications.
EXHIBIT C
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17. Radiation. Radiation from the system shall be limited as follows, or
as otherwise specified by the FCC Rules:
Radiation
Frequency Limit Distance
Up to and including 54 MHz 75 uV /m 100 ft.
Over 54 up to and including
216 MHz 20 10
Over 216 MHz 15 100
FM Signals. The system shall meet the following performance standards
for -the carriage of FM radio signals.
1. Processing. All FM signals carried by the system shall be individually
processed. Levels shall be independently controlled and maintained
between 0 and -16 dBmV, and adjacent - channel levels shall differ by no
more than 6 dB.
2. Channel Spacing. The nominal center frequencies of all FM signals
carried on the system shall be separated by a minimum of 400 kHz.
Carriers shall fall only on the standard FM broadcast channel
frequencies of Section 73.201 of the FCC Rules.
3. Frequency Tolerance. The center frequency of all FM radio carriers
shall be maintained within + 2 kHz of the nominal carriage frequency.
Cablecast E ui ment. System equipment utilized for originating signals
intended for carriage on ocal origination or access channels shall comply with
good industry practice for cable television origination equipment.
Other Signals. Carriage of outgoing and return signals for data and
other purposes may proceed in accordance with equipment manufacturers
specifications for each service, provided such carriage does not degrade other
signals below their appropriate standards.
CONSTRUCTION SPECIFICATIONS
These specifications shall apply to extensions of the system to areas
previously unserved and shall apply to any reconstruction of any portion of the
system in which amplifiers and any other system components are upgraded. The
performance specifications of the previous sections are controlling in that the
system shall be designed, installed, and maintained to meet or exceed those
standards under all operating conditions. In addition, the system shall meet
the following construction standards to insure that the desired system quality
and flexibility are provided.
1. Signal Level. Adequate consideration shall be given in system design
to second outlets, F14 outlets, and connections for other specialized
services, to insure that the required minimum subscriber signal level
specifications will be met in a completed system.
2. System Frequency Response. The system frequency response shall be flat
within + 3 dB over the full design frequency band as measured between
the multiplex combiner located at the headend and any appropriate test
EXHIBIT C
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point or subscriber terminal located in the feeder system. This
specification shall apply only if substantially all of such a path
consists of new or reconstructed system.
3. Relative Chrominance- Luminance Delay. Any additional delay of the
Chrominance signal relative to the luminance on any television channel,
caused by the installation of crossover filters for bi- directional
communications, shall be limited to 150 nanoseconds.
4. Cable Type. All coaxial cables shall use copperclad center conductors
with solid sheath outer conductors or approved equal. The trunk and
feeder cables shall have electrically seamless outer conductors. All
cables shall be jacketed with black polyethelene or approved equal.
Drop cables shall be specifically chosen to minimize ingress of signals
at sub -band frequencies.
5. Connectors. All coaxial connectors shall be of the solderless type. A
positive moisture seal, such as heat - shrinkable tubing, shall be used
on all connectors and fittings in the system.
6. Passive Devices. All passive devices shall meet their operating
specifications over the full design frequency range. All unused taps
shall be terminated with a 75 -ohm load.
EXHIBIT C
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