HomeMy WebLinkAboutCable Franchise Agrmt0.TES L'
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 30, 2008
DATE: January 17, 2008
FROM: Dave Kanner
Administration 388-6565
TITLE OF AGENDA ITEM:
Consideration and authorizing county administrator's signature of Document Nos. 2008-038, 2008-039
and 2008-040, cable franchise agreements with Bend Cable Communications, LLC, California Oregon
Broadcasting, Inc. d/b/a Crestview Cable Communications, and Chambers Cable Communication,
LLC.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Federal law (47 USC 541(b)(1)) states that "a cable operator may not provide cable service without a
franchise" from a local franchising authority. Under the U.S. Code and the Oregon Revised Statutes,
Deschutes County is the local franchising authority for those unincorporated portions of Deschutes
County served by Bend Broadband, Chambers Cable Communications and Crestview Cable
Communications. These three cable companies have been operating cable systems in Deschutes
County for many years without a franchise. Pursuant to direction given to staff by the Board of
Commissioners in 2006, the county administrator has spent the better part of a year negotiating
franchise agreements with these operators, and those agreements are now complete and ready for
approval. In order to create a level playing field and encourage competition, these three agreements are
identical. These franchises are non-exclusive and it is anticipated that the same franchise would be
offered to other cable operators who wanted to enter the Deschutes County market in the future.
A franchise agreement is essentially an agreement between a government agency and a private entity
that grants the private entity blanket permission to use public rights of way for for-profit purposes. In
this case, the cable operators are granted permission to "construct, erect, operate and maintain, in, upon,
along, across, above, over and under the [County's] streets, alleys, public ways and public places ...
poles, wires, cables, conduits and other technical facilities necessary for the construction, maintenance
and operation in County of a cable television system..."
Much of what is in this agreement is common to cable franchises throughout the United States. Some
of the languge directly mirrors language found in federal law regarding the operation of a cable system.
Note that the 1996 Federal Telecommunications Act largely stripped local governments of their ability
to regulate cable rates and channel offerings. Of particular interest in these agreements is a requirement
that the cable operators pay the county a franchise fee of 5% of gross receipts in exchange for the rights
granted by the county to use public rights of way. Under federal law, this fee can be passed throug h the
cable customers, but it will not necessarily mean a 5% increase in customer bills. The franchise fe,;
applies only to cable services as defined in the agreement and does not apply to such things as
broadband or phone service. Still, a new charge will likely show up on customers' bills beginning with
the June 2008 billing cycle. In addition, the agreement requires the cable companies (at the county's
option) to televise Board of County Commissioner business meetings, Budget Committee meetings and
Planning Commission meetings. If the cable company's physical plant passes the Deschutes Services
Building, the meetings must be televised live. If not, a recording of the meeting will be televised.
The term of the agreement is 10 years, which is a usual and customary length for an agreement of this
nature.
FISCAL IMPLICATIONS:
It is estimated that the franchise fee revenue will amount to as much as $350,000 in FY '09. This
money will be used to cover the cost of televising the meetings listed above and other costs associated
with the County's public information program. Any remaining revenues will go to the general fund.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends approval and authorization of county administrator's signature of Document Nos
2008-038, 2008-039 and 2008-040, cable franchise agreements with Bend Cable Communications,
LLC, California Oregon Broadcasting, Inc. d/b/a Crestview Cable Communications, and Chamber.
Cable Communications, LLC.
ATTENDANCE: Dave Kanner
DISTRIBUTION OF DOCUMENTS:
Document # 2008-038:
Amy Tykeson
Bend Cable Communications, LLC
63090 Sherman Road
Bend, Oregon 97701
Document # 2008-039:
Scott Chambers
Chambers Cable Communications, LLC
P.O. Box 7009
Eugene, OR 97401
Document # 2008-040:
Patricia Smullin
California Oregon Broadcasting, Inc.
P.O. Box 1489
Medford, OR 97501
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
Jan. 23, 2008
Contact Person: lAmy Tykeson
Contractor/Supplier/Consultant Name:
Department: V-\dmiriistration
Phone #:
312-6442
Bend Cable Commuriictions LLC
Goods and/or Services: Franchise agreement for cable TV services in Deschutes
County.
Background & History: Deschutes County is the local franchising authority for those
unincorporated portions of Deschutes County served by Bend Broadband, Chambers
Cable Communications and Crestview Cable Communications. These franchises are
non-exclusive and it is anticipated that the same franchise would be offered to other
cable operators who wanted to enter the Deschutes County market in the future.
A franchise agreement is essentially an agreement between a government agency and
a private entity that grants the private entity blanket permission to use public rights of
way for for-profit purposes. This agreement includes a requirement that the cable
operators pay the county a franchise fee of 5% of gross receipts in exchange for the
rights granted by the county to use public rights of way. The franchise fee applies only
to cable services as defined in the agreement and does not apply to such things as
broadband or phone service. In addition, the agreement requires the cable companies
(at the county's option) to televise Board of County Commissioner business meetings,
Budget Committee meetings and Planning Commission meetings. If the cable
company's physical plant passes the Deschutes Services Building, the meetings must
be televised live. If not, a recording of the meeting will be televised.
The term of the agreement is 10 years, which is a usual and customary length for an
agreement of this nature.
Agreement Starting Date:
Ending Date:
Feb. 1, 2008 or on final signature
Feb. 1, 2018 or ten years from final signature
Annual Value or Total Payment:
$250,000 (est.)
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
Z Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ❑ Yes ® No
1/22/2008
If No, has budget amendment been submitted? ❑ Yes ® No
Departmental Contact:
Title:
Dave Kanner
County Administrator
Department Director Approval:
Signature
Phone #:
xt. 6565
Date
Distribution of Document: Central Administration file, Amy Tykeson, Bend
Broadband, 63090 Sherman Rd., Bend, OR 97701
Official Review:
County Signature Required (check one): ® BOCC
0 Department Director (if <$25K)
❑ Administrator (if >$25K but 150K; if >$150K, BOCC Order No.
C� '/ Date z -06
•
Legal Review
Document Number
�< r
1/22/2008
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
Jan. 23, 2008
Contact Person:
Roger Harris
Contractor/Supplier/Consultant Name:
Department: lAdministration
Phone #:
Crestview Cable
541-779-1151
Goods and/or Services: Franchise agreement for cable TV services in Deschutes
County.
Background & History: Deschutes County is the local franchising authority for those
unincorporated portions of Deschutes County served by Bend Broadband, Chambers
Cable Communications and Crestview Cable Communications. These franchises are
non-exclusive and it is anticipated that the same franchise would be offered to other
cable operators who wanted to enter the Deschutes County market in the future.
A franchise agreement is essentially an agreement between a government agency and
a private entity that grants the private entity blanket permission to use public rights of
way for for-profit purposes. This agreement includes a requirement that the cable
operators pay the county a franchise fee of 5% of gross receipts in exchange for the
rights granted by the county to use public rights of way. The franchise fee applies only
to cable services as defined in the agreement and does not apply to such things as
broadband or phone service. In addition, the agreement requires the cable companies
(at the county's option) to televise Board of County Commissioner business meetings,
Budget Committee meetings and Planning Commission meetings. If the cable
company's physical plant passes the Deschutes Services Building, the meetings must
be televised live. If not, a recording of the meeting will be televised.
The term of the agreement is 10 years, which is a usual and customary length for an
agreement of this nature.
Agreement Starting Date:
Ending Date:
Feb. 1, 2008 or on final signature
Feb. 1, 2018 or ten years from final signature
Annual Value or Total Payment:
$50,000 (est.
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ❑ Yes ® No
1/22/2008
If No, has budget amendment been submitted? ❑ Yes ® No
Departmental Contact:
Title:
Dave Kanner
County Administrator
Department Director Approval:
Phone #:
Sign ture
xt. 6565
Date
Distribution of Document: Central Administration file, Roger Harris, COBI, P.O. Box
1489, Medford, OR 97501
Official Review:
County Signature Required (check one): E BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but $150 , if >$150K, BOCC Order No.
LegalU�A-rReview %- ' Date t ' 2 z -
Document Number
1/22/2008
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Jan. 23, 2008
Contact Person:
Bob T
Please complete all sections above the Official Review line.
Department: jAdministration
owe Phone #: 541-485-5611
Contractor/Supplier/Consultant Name:
Chambers Cable Communictions LLC
Goods and/or Services: Franchise agreement for cable TV services in Deschutes
County.
Background & History: Deschutes County is the local franchising authority for those
unincorporated portions of Deschutes County served by Bend Broadband, Chambers
Cable Communications and Crestview Cable Communications. These franchises are
non-exclusive and it is anticipated that the same franchise would be offered to other
cable operators who wanted to enter the Deschutes County market in the future.
A franchise agreement is essentially an agreement between a government agency and
a private entity that grants the private entity blanket permission to use public rights of
way for for-profit purposes. This agreement includes a requirement that the cable
operators pay the county a franchise fee of 5% of gross receipts in exchange for the
rights granted by the county to use public rights of way. The franchise fee applies only
to cable services as defined in the agreement and does not apply to such things as
broadband or phone service. In addition, the agreement requires the cable companies
(at the county's option) to televise Board of County Commissioner business meetings,
Budget Committee meetings and Planning Commission meetings. If the cable
company's physical plant passes the Deschutes Services Building, the meetings must
be televised live. If not, a recording of the meeting will be televised.
The term of the agreement is 10 years, which is a usual and customary length for an
agreement of this nature.
Agreement Starting Date:
Ending Date:
Feb. 1, 2008 or on final signature
Feb. 1, 2018 or ten years from final signature
Annual Value or Total Payment:
$50,000 (est.)
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
Informal quotes (<$150K)
® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Il
Funding Source: (Included in current budget? ❑ Yes ® No
1122120f»
If No, has budget amendment been submitted? ❑ Yes ® No
Departmental Contact:
Dave Kanner
Title: County Administrator
Department Director Approval:
Phone #:
Sign
ure
xt. 6565
j. (0
Date
Distribution of Document: Central Administration file, Bob Towe, Chambers Cable
Communications, P.O. Box 7009, Eugene, OR 97401
Official Review:
County Signature Required (check one): C] BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$?5K but <
150K;_;if >$150K, BOCC Order No.
Legal Review (c! Date
Document Number :).0(='Y', - 9
1/22/2008
AN AGREEMENT GRANTING A FRANCHISE TO BEND CABLE
COMMUNICATIONS, LLC, ITS SUCCESSORS OR ASSIGNS, TO OWN AND
OPERATE AND MAINTAIN A CABLE SYSTEM IN THE COUNTY OF DESCHUTES,
OREGON, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
FRANCHISE, AND PROVIDING FOR THE REGULATION AND USE OF SAID
SYSTEM
NOW, THEREFORE, the County of Deschutes hereby grants a nonexclusive franchise for a
period of ten (10) years for the operation and maintenance of a Cable System within the County
of Deschutes to Bend Cable Communications, LLC, hereinafter referred to as the "Company."
Provided, however, that said franchise shall be subject to the following terms and performance
conditions:
SECTION 1. TITLE OF AGREEMENT
This agreement shall be known and may be cited as the "Cable Franchise," hereinafter
"Franchise."
SECTION 2. DEFINITIONS
For the purpose of this agreement and all attachments included thereto, the following
terms, phrases, words and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the future, words in the
plural number include the singular number, and words in the singular number include the plural
number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be
given their common and ordinary meaning.
"Cable Services" shall mean (1) the one-way transmission to Subscribers of (a) video
programming, or (b) other programming services, and (2) Subscriber interaction, if any, which is
required for the selection or use of such video programming or other programming service.
"Cable System" means a system of antennas, cables, wires, lines, towers, wave guides,
fiber, coax, or other conductors, converters, equipment or facilities, designed and constructed for
the purpose of producing, receiving, transmitting, amplifying and distributing audio, video, and
other forms of electronic, electrical or optical signals, which includes Cable Service and which
is located in the County.
"Cable mile" shall mean a linear mile of strand -bearing cable as measured on the street
or easement from pole to pole or pedestal to pedestal.
"Channel" means a portion of the electromagnetic frequency spectrum which is used in a
cable system and which is capable of delivering video signal whether in an analog or digital
format. This definition does not restrict the use of any channel to the transmission of analog
video signals.
"Complaint" means any written complaint from a subscriber or the general public or a
verbal complaint from a subscriber or the general public that has been duly documented in
writing by the County, regarding the Company's operations or services sufficiently reasonable
in nature that written response by the Company should reasonably be made, or action taken.
Bend Broadband cable franchise
Page 1 of 18
DC- 2
1.J '3
"County" means Deschutes County, a political subdivision of the State of Oregon, whose
governing body is the Deschutes County Board of Commissioners. County refers to
unincorporated areas of Deschutes County.
"FCC" shall mean the Federal Communications Commission and any legally appointed
or elected successor.
"Franchise" shall mean the non-exclusive authorization granted pursuant to this
agreement to construct and operate a Cable System along the public ways within all or a
specified area in the County. "Company" shall mean any "person" receiving a Franchise
pursuant to this agreement and its lawful successor, transferee or assignee.
"Government Access" means the non-commercial use by the County of capacity on a
channel on the Cable System to distribute live or pre-recorded government video programming
under applicable law.
"Installation" shall mean the connection of the system from feeder cable to subscribers'
terminals.
"Person" shall mean an individual, partnership, association, organization, corporation or
any lawful successor, transferee or assignee of said individual, partnership, association,
organization or corporation.
"Public School" shall mean any school at any educational level operated within the
County by any public school system, but limited to, elementary, middle school, and high school.
"Service Area" shall mean the area of the County of Deschutes served by Company's
Cable System on the date of this Agreement and as extended thereafter in accordance with this
Agreement.
"State" shall mean the State of Oregon.
"Street" or "Public Right of Way" shall include each of the following which have been
dedicated to the public or hereafter dedicated to the public and maintained under public
authority located within the County limits: streets, roadways, highways, local access roads,
avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways including
roads open to public use and extensions and additions thereto, together with such other public
property and areas that the County shall permit to be included within the definition of street
from time to time.
"Subscriber" shall mean any person lawfully receiving Cable Service as defined from the
Company.
SECTION 3. RIGHTS AND PRIVILEGES OF COMPANY
County grants to Bend Cable Communications, LLC the right and privilege to construct, erect,
operate and maintain, in , upon, along, across, above, over and under the streets, alleys, public
ways and public places now laid out or dedicated , and all extensions thereof and additions
thereto, that the County has rights of way jurisdiction over, including : poles, wires, cables,
Bend Broadband cable franchise Page 2 of 18
conduits and other technical facilities necessary for the construction, maintenance and operation
in County of a cable television system or the interception, sale and distribution of television
system services. This Franchise is not exclusive and County reserves the right to grant a similar
use of streets, alleys, public ways and places to any other person at any time during the period of
this franchise.
SECTION 4. FRANCHISE TERRITORY
This nonexclusive Franchise relates to the County limits as presently defined and to any
area henceforth added thereto during the term of this Franchise, except those areas within the
jurisdictional boundaries of an incorporated city as they currently exist or may from time to time
be altered.
SECTION 5. NON -FRANCHISED COMPETITORS
In the event that a non -franchised multi -channel video -programming distributor
accessing County public rights of way provides service to the residents of the Service Area
equivalent to those services provided by a Cable System, but not fitting the definition of cable
system subject to local franchise, the Company shall have a right to request Franchise
amendments that relieve the Company of regulatory burdens that create a competitive
disadvantage to the Company. In requesting amendments, the Company shall file with County a
petition seeking to amend the Franchise. Such petitions shall:
1. Indicate the presence of a non -franchised competitor(s),
2. Identify the basis for Company's belief that certain provisions of the Franchise place
Company at a competitive disadvantage,
3. Identify the regulatory burdens in this agreement to be amended or repealed in order to
eliminate the competitive disadvantage.
The County shall not unreasonably withhold granting the Company's petition and so
amending the franchise.
SECTION 6. FRANCHISE TERM AND RENEWAL
This Franchise shall be effective for a period of ten (10) years from the date on which
each party has signed this agreement, unless extended or terminated earlier in accordance with its
terms. Applications for renewal of this Franchise shall be reviewed by the County pursuant to
applicable law. A request for renewal of this Franchise shall be made in writing by Grantee
prior to the expiration date of this agreement. Should this agreement expire without any written
renewal or extension thereof, the terms and conditions of this agreement shall remain in full
force and effect until such time as a new agreement is adopted by the County and accepted by
Company, or until the County or Company terminate the agreement. Such continued
performance under this agreement shall not preclude the County from exercising its regulatory
authority under any state or federal law or County ordinance.
SECTION 7. POLICE POWERS AND CONFLICTS WITH FRANCHISE
Bend Broadband cable franchise Page 3 of 18
In accepting this Franchise, the Company acknowledges that its rights hereunder are
subject to the police power of the County to adopt and enforce ordinances of general
applicability necessary to the safety and welfare of the public; and it agrees to comply with all
lawful ordinances enacted by the County pursuant to such power. Subject to the County's
lawful police powers, the County may not, by agreement or otherwise, alter any of the
Company's material rights, benefits, obligations or duties as specified in this Franchise.
SECTION 8. INDEMNIFICATION AND INSURANCE
A. INDEMNIFICATION
Company shall at all times conduct its operations under this Franchise, including
installation, construction or maintenance of its facilities, in a safe and workmanlike manner so
as not to present a danger to the public or County. Company shall pay, save harmless and
indemnify the County, its Officers, Boards, Commissions, Agents, and Employees from any loss
or claim against County on account of or in connection with any activity of Company in the
construction, operation or maintenance of its technical facilities and system services.
(1) This Franchise shall not be effective until Company secures, and shall at all times
be conditioned upon Company maintaining, a comprehensive liability insurance policy which
shall contain the following provisions:
a) Bodily injury policy limits of $1,000,000 for each person and $1,000,000 for
each occurrence.
b) Property damage policy limits of $1,000,000.
c) An endorsement for completed operations coverage.
d) An endorsement naming the County, its officers, agents and employees, as
additional insured for liability arising from or in connection with this franchise.
A certificate evidencing this endorsement shall be deposited with the County.
e) A certificate evidencing insurance as described in this franchise shall be
deposited with County.
f) In the event that the County's tort liability limits are raised by the Oregon
Legislature to exceed the limits described in this section, Company shall obtain
and maintain insurance in the amount of the County's tort liability limits.
g) The provisions of this Section shall not be construed to limit the liability of
Company for damages.
(2) Duty to Give Notice and Tender Defense. The County shall give the Company
timely written notice of any claim or of the commencement of any action, suit or other
proceeding covered by the indemnity obligation in this Section. In the event any such claim
arises, the County or any other indemnified party shall tender the defense thereof to the
Company and the Company shall have the obligation and duty to defend, settle or compromise
any claims arising thereunder, and the County shall cooperate fully therein. Company shall
accept or decline the tender within thirty (30) days. Company shall reimburse reasonable
attorney fees and costs incurred by the County during the thirty (30) day period in which the
Company accepts or declines tender. In the event that the Company declines defense of the
claim in violation of this subsection A, the County may defend such claim and seek recovery
from Company its expenses for reasonable attorney fees and disbursements, including expert
witness fees, incurred by the County for defense and in seeking such recovery.
Bend Broadband cable franchise Page 4 of 18
B. DEDUCTIBLES AND SELF-INSURED RETENTIONS
If Company changes its policy to include a self-insured retention, the Company
shall give notice of such change to the County. The County's approval will be given if the self-
insured retention is consistent with standard industry practices and may be qualified by County.
Any deductible or self-insured retention of the policies shall not in any way limit Company's
liability to the County.
SECTION 9. RIGHTS OF INDIVIDUALS
A. Company shall not deny Cable Service, or otherwise discriminate in the
provision of Cable Service on the basis of race, color, religion, national origin, age or sex.
B. Company shall adhere to the equal employment opportunity requirements of the
FCC and state and local regulations, as amended from time to time.
C. In the event Company, or any of its agents or employees, elect to sell, or
otherwise make available to any party any list which identifies the viewing habits of individual
subscribers, Company will do so in a mariner consistent with Federal law.
D. Company rate structure shall comply with all applicable federal laws and
regulations.
SECTION 10. SERVICE AVAILABILITY
The Company shall provide Cable Service throughout the Service Area pursuant to the
provisions of this Franchise and shall keep a record of all extensions of the Cable System by the
Company. This record shall be available for inspection by the County at the local office of the
Company during regular office hours upon reasonable notice.
A. LINE EXTENSIONS
(1) In all areas of the Franchise territory, the Company shall be required to extend its
system pursuant to the following requirements:
a. Company must extend its Cable System and make Cable Service
available to every dwelling unit in all unserved, developing areas having at least forty (40)
dwelling units per cable mile as measured from the existing Cable System, and when practicable
shall extend its Cable System simultaneously with the installation of utility lines
b. Company must extend the Cable System and make Cable Service
available to any isolated resident in the Service Area requesting connection at the standard
connection charge, if the connection to the isolated resident would require no more than a
standard one hundred and fifty (150) foot aerial drop line from existing Cable System facilities.
(2) New Development Underground
In cases of new construction or property development within the Service Area
where utilities are to be placed underground, the developer or property owner shall give
Company at least 30 days prior notice of such construction or development, and of the particular
Bend Broadband cable franchise Page 5 of 18
date on which open trenching will be available for Company's installation of conduit, pedestals
and/or vaults, and laterals. Company shall also provide specifications as needed for trenching.
Costs of trenching and easements required to bring service to the development
shall be borne by the developer or property owner; except that if Company fails to install its
conduit, pedestals and/or vaults, and laterals within five (5) working days of the date the
trenches are available, as designated in the notice given by the developer or property owner,
then should the trenches be closed after the five-day period, the cost of new trenching is to be
borne by Company.
Nothing herein shall be construed to prevent Company from serving areas outside
its Service Area upon agreement with developers, property owners, or residents.
SECTION 11. CONSTRUCTION STANDARDS AND STREET OCCUPANCY
A. CONSTRUCTION STANDARD
(1) Company and Company's contractors shall comply with all applicable state and
federal safety codes and shall apply for and obtain all permits necessary for construction or
installation of any facilities, and for excavating and laying any facilities within the streets.
Company shall pay, prior to issuance, all applicable fees for the requisite construction permits.
Company and Company's contractors shall comply with all applicable provisions of the
National Electric Safety Code; shall design antenna supporting structures (towers) for the proper
loading zone as specified in the most current version of the Electronics Industry Association's
R.S.-22A Specifications; shall maintain towers in accordance with all applicable rules and
regulations of the Federal Aviation Administration and all other applicable state or local codes
and regulations.,
B. STREET OCCUPANCY
Company agrees to comply with the following conditions:
(1) Use. All transmission and distribution structures, lines and equipment erected by
Company within County shall be so located as to cause minimum interference with the proper
use of streets, alleys and other public ways and places, and to cause minimum interference with
the rights or reasonable convenience of property owners who adjoin any of the streets, alleys or
other public ways or places.
(2) Restoration. In case of any disturbance of pavement, sidewalk, driveway or other
surfacing by Company, Company shall, at its own cost and expense and in a manner approved
by County, replace and restore all paving, sidewalk, driveway or surface of any street or alley
disturbed, in as good condition as before the disturbance. If Company fails to make restoration
as required, County shall cause the repairs to be made at the expense of Company.
(3) Relocation. County may require Company to change the location of or to remove
any pole, conduit, structure or facility within the public right of way when the public
convenience requires such change or removal and the expense thereof shall be paid by
Company. County shall give Company reasonable written notice at the location designated by
Company in this agreement of any changes required and Company shall have a reasonable time
within which to make the requested change. If the Company refuses to make the change
Bend Broadband cable franchise Page 6 of 18
requested by the County or does not make the change within a reasonable time after the request
of County, the County may make the change at the expense of the Company.
(4) Placement of Facilities. Company shall not place its technical facilities where
they will interfere with any gas, electric or telephone fixture or sewer or water facility. All
facilities placed in the street shall be placed as the County directs.
(5) Temporary Rearrangement of Facilities. Company shall, upon receipt of at least
seven days written notice from anyone desiring to move a building or other object according to
County ordinances regulating the moving of buildings, arrange to temporarily raise, lower or
otherwise move its facilities to permit the moving of buildings or other objects if the person
wishing to move the building or other object makes a reasonable arrangement to reimburse
Company for its expenses in rearranging its facilities. Nothing contained in this section shall
preclude the County from requiring Company to move its facilities at its own expense when
public convenience requires the move, as described in subsection (4) of this section.
(6) Tree Trimming. Company may trim trees upon or overhanging streets, alleys,
sidewalks and public places of County so as to prevent the branches from coming into contact
with the facilities of Company, all trimming to be done under the supervision of County
Vegetation Manager or his/her designee and at the expense of Company.
SECTION 12. SERVICES AND RATES
A. The terms and provisions of the Code of Federal Regulations, Title 47, Chapter I,
Part 76, Subpart H, Sec. 76.309 (47 CFR 76.309) as it currently exists or as it may hereafter be
amended, are hereby adopted and incorporated by reference herein, with the following
additions:
(1) Pursuant to 47 CFR 76.309(a), the County shall enforce the customer service
standards contained in 47 CFR 76.309(c) as it currently exists or as it may hereafter be
amended.
B. CUSTOMER SERVICE STANDARDS
(1) Company shall keep a record of Cable Service complaints and shall promptly
resolve the complaints as required by applicable FCC regulations.
(2) Requests for repairs received during normal business hours, which result in the
need for a field visit are to be dispatched for repair according to the following plan:
a. A call involving loss of reception on all channels is dispatched to the field
immediately. Outages involving single customers received during business hours will be
dispatched on the same day received. Calls received after business hours will be
dispatched the next day.
b. Calls involving degraded reception or single channel outages are handled on the
same day if received prior to 3:00 PM, if at all possible. Calls received after 3:00 PM
will be dispatched the next business day.
c. The Company will employ the normally accepted methods of communications
for customers to make requests for repair after business office hours or on weekends.
Outage calls are referred immediately to the standby technician for resolution in
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accordance with 2.a., above. Calls involving degraded service are forwarded to the
office staff on the next business day for dispatch.
(3) Upon activation of the Cable System in any area, Company shall provide Cable
Service to any requesting Subscriber as follows:
a. Basic and other entertainment Cable Services within ten business days of
the receipt of subscriber deposits or prepayment;
interactive and similar innovative Cable Services will be provided within forty-five days of the
receipt of deposits or advance payments.
b. Any delay in providing a Cable Service beyond the maximum period shall
be deducted from the first month's charges for the service at the rate of two days of deduction
for each day of delay beyond the maximum period.
(4) It shall be the right of all Subscribers to continue receiving Cable Service insofar
as their financial and other obligations to the Company are honored. Company shall not
interrupt Cable Service except for good cause and for the shortest time possible. Such
interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of
minimum use of the Cable System. A log shall be maintained by Company of all Cable Service
interruptions within the previous 12 months involving all channels in the Cable Service and
shall be made available to County upon request. For planned interruption of Cable Service for
more than 24 hours, Company shall provide written notice of the interruption and its length
either electronically or by mail to all affected Subscribers at least five days prior to the
interruption. Said notice shall inform Subscribers that they are eligible to receive, if they so
notify Company, billing credit for the period during which Cable Service will not be delivered.
C. TELEPHONE ANSWERING SERVICE
Toll free lines or local phone numbers, either staffed or with answering capability,
providing at least emergency referral information, must be operational twenty-four (24) hours
per day, including weekends and holidays.
D. RATE REGULATION
To the extent that Federal or State law or regulation may now, or as the same may
hereafter be amended to authorize the County to regulate the rates for any particular Cable
Service tiers, service packages, equipment, or any other services provided by Company, the
County shall have the right to exercise rate regulation to the fullest extent authorized by law, or
to refrain from exercising such regulation for any period of time, at the sole discretion of the
County. If and when exercising rate regulation, the County shall abide by the terms and
conditions set forth by the FCC.
E. SPECIAL NOTICE PROCEDURES
(1) At any time a person subscribes to any Cable Service, the person must be
specifically informed whether there will be a charge to drop the service.
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(2) If there is any charge for terminating a promotional or free Cable Service, the
charge must be disclosed in writing prior to connection of the service or provision of the
product.
F. EMERGENCY BROADCAST
(1) In accordance with, and at the time required by, the provisions of the FCC
Regulations Part 11, Subpart 11.51, as such provisions may from time to time be amended,
Company shall install, if it has not already done so, and maintain an Emergency Alert System
(EAS) for use in the franchise area in transmitting Emergency Act Notifications and Emergency
Act Terminations in local and state-wide situations as may be designated to be an emergency by
the Local Primary, the State Primary and/or the State Emergency Operations Center, as those
authorities are identified and defined within FCC Reg. Section 11.51.
(2) The County shall permit only appropriately trained and authorized persons to
operate the EAS equipment and shall take reasonable precautions to prevent any use of the
Company's cable system in any manner that results in inappropriate use thereof, or any loss or
damage to the cable system. Except to the extent expressly prohibited or limited by law, the
County shall hold the Company, its employees, officers and assigns harmless from any claims
arising out of the emergency use of its facilities by the County, including, but not limited to,
reasonable attorney's fees and costs.
(3) The County, with the assistance of the Company, shall develop emergency
operating procedures to be strictly adhered to by persons authorized to operate the EAS
equipment in the event of an emergency.
SECTION 13. FRANCHISE FEE
A. FEE DUE AND PAYABLE TO COLTNTY
1. Beginning July 2008, Company shall pay to the County of Deschutes a fee of five
percent (5%) of gross receipts collected by Company for operation of the Cable System to
provide Cable Services to Subscribers within the County, including all forms of consideration,
such as lump sum payments. Fees for other telecommunications services that may be offered
in the future will be determined at the time the new services become available in accordance
with applicable laws and regulations. Cable franchise fees shall be paid by the Company
monthly on or before the 20th day of each month for the preceding month. Company shall
provide to the County reasonable access to their books and records for the franchise fees
received upon being presented by the County with ten (10) days prior written demand for the
production of said records for County inspection. This franchise fee shall be paid instead of an
annual business license and no other business license fee shall be required.
2. County's acceptance of any payments due under this section shall not be
considered a waiver by County of any breach of this agreement. Payment to the County under
this section shall be the verifiable amount owed to the County and shall be considered to have
been certified as such by Company.
3. Franchise fee payment shall be in addition to any other taxes or permit fees owed
to the County by the Company that are not included as franchise fee under federal law. In the
event any law or valid rule or regulation applicable to this Franchise limits franchise fees below
the five percent (5%) as set forth in Section 13(A)(1), the Company agrees to and shall pay the
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maximum permissible amount and, if such law or valid rule or regulation is later repealed or
amended to allow a higher permissible amount, then the Company shall, upon receiving a
written 120 day notice from the County, pay the higher amount up to the maximum allowable by
law, not to exceed five percent (5%) upon implementation.
B. AUDITS/REVIEWS
No more frequently than every twelve (12) months, upon thirty (30) days prior written
notice, the County shall have the right to conduct an independent audit or review of Company's
records reasonably related to the payment of franchise fees under_this agreement, covering the
period since the last audit or the commencement date of this agreement, which ever is less, in
accordance with generally accepted accounting principles. Upon completion of any audit,
County shall provide Company with a complete audit report, including the basis for any claimed
underpayment. Company may dispute any claimed underpayment based on an independent or
internal audit or review conducted by or on behalf of Company.
The Company shall pay to the County within forty-five (45) days written notice any
undisputed amounts due to the County as determined by any audit of Company. In cases of
undisputed underpayment of more than 5%, Company shall reimburse to the County the total
cost of the audit or review described in this section within thirty (30) days of the County's
written demand for same. Any undisputed underpayment and interest due shall be payable to
County in 30 days.
SECTION 14. PAYMENT TO COUNTY
A. ACCEPTANCE BY COUNTY
No acceptance of any payment by the County shall be construed as a release or as an
accord and satisfaction of any claim the County may have for further or additional sums payable
as a Franchise fee under this Agreement or for the performance of any other obligation of the
Company.
B. FAILURE TO MAKE REQUIRED PAYMENT
In the event that any Franchise payment or recomputed payment is not made on or
before the dates specified herein, Company shall pay an interest charge, computed from such
due date, at the annual rate of one percent over the prime interest rate or 9%, whichever is
higher.
C. PAYMENT ON TERMINATION
If this agreement terminates for any reason, upon request of County, the Company shall
file with the County within ninety (90) calendar days of the date of the termination, a financial
statement, certified by an independent certified public accountant, showing the gross revenues
received by the Company since the end of the previous fiscal year. The County reserves the
right to satisfy any remaining financial obligations of the Company to the County by utilizing
the funds available in a letter of credit or other security provided by the Company.
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SECTION 15. TRANSFER OF OWNERSHIP OR CONTROL
Company shall not sell, assign, dispose of or transfer this agreement, the Franchise or the
Cable System without prior written approval of County. Such approval shall be based upon the
following criteria: Company shall be required to demonstrate to that Company's proposed
purchaser, assignee or transferee has such financial and managerial resources as are sufficient to
maintain the then current quality of Cable Service and to comply with the terms of this
Franchise prior to the County granting such approval. Grantee shall assist the County with
reasonable inquiries to determine the financial and managerial sufficiency of a proposed
purchaser, assignee or transferee. Such approval by County, shall not be unreasonably withheld,
delayed, or conditioned by the County.
SECTION 16. RECORDS, REPORTS AND MAPS
A. REPORTS REQUIRED
(1) The Company's schedule of charges, contract or application forms for Cable Service,
policy regarding the processing of Subscriber complaints, delinquent Subscriber disconnect and
reconnect procedures and any other terms and conditions adopted as the Company's policy in
connection with Subscribers shall be maintained by Company for a period of not less than two
years and shall be made available for County inspection upon reasonable notice.
SECTION 17. DISCONTINUED USE OF FACILITIES
Whenever Company intends to discontinue using any facility within the Streets or Public
Ways, Company shall submit for the County Engineer's approval a complete description of the
facility and the date on which Company intends to discontinue using the facility. Company may
remove the facility or request that any such facility remain in place, the County Engineer may
require the Company to remove the facility from the street or modify the facility to protect the
public health and safety or otherwise serve the public interest. The County Engineer may
require the Company to perform a combination of modification and removal of the facility.
Company shall complete such removal or modification in accordance with a schedule set by the
County Engineer. Until such time as Company removes or modifies the facility as directed by
the County Engineer, or until the rights to and responsibility for the facility are accepted by
another person having authority to construct and maintain such facility, Company shall be
responsible for all necessary repairs and relocations of the facility, as well as maintenance of the
street or public way, in the same manner and degree as if the facility were in active use, and
Company shall retain all liability for such facility.
SECTION 18. SERVICE TO PUBLIC BUILDINGS
A. The Company shall maintain, without charge, one outlet to each public school
passed by the Cable System and will provide free basic and expanded basic service, for so long
as the Cable System remains in operation in the area. Any such school may install, at its
expense, such additional outlets for classroom purposes as it desires, provided that such
installation shall not interfere with the operation of Company's Cable System, and that the
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quality and manner of installation of such additional connections shall have been approved by
the Company and shall comply with all County, state and federal laws and regulations.
B. In addition, the Company shall furnish, without monthly service charge, to each
designated County buildings passed by the Cable System,one outlet and basic and expanded
basic programming. County shall pay non-standard charges (if any) for plant extension and
standard installation charges. Company agrees to provide, for no programming charge, one (1)
outlet of basic and expanded basic programming to all such future public buildings if the drop
line to such building does not exceed one hundred and twenty five (125) cable feet from existing
cable system facilities or if the County agrees to pay the incremental cost of such drop line in
excess of one hundred twenty five (125) feet, including the standard charges for time, labor and
materials. Outlets of basic and expanded basic programming provided in accordance with this
subsection may be used to distribute basic service throughout such buildings, provided such
distribution can be accomplished without causing Cable System disruption and general technical
standards are maintained. Cost for any additional outlets and/or equipment shall be the
responsibility of the County.
SECTION 19, NON-COMPLIANCE, REVOCATION AND RESTORATION
A. PROCESS AND PROCEDURE FOR FAILURE TO COMPLY WITH
FRANCHISE PROVISIONS
(1) If the County determines that evidence of potential non-compliance with the
provisions of this franchise has been presented, the County shall make written demand by
certified mail to the Company to comply with any such requirement, limitation, term, condition,
rule or regulation and shall provide the Company with minimum of 30 days to cure the County's
complaint. If a cure could not reasonably be completed within 30 days, the Company shall
submit a proposal for cure and begin the process of cure as soon as practical. If the default,
failure, refusal or neglect of the Company continues beyond the cure period following such
written demand, the County may place its request for equitable relief or termination of the
Franchise upon a regular Board meeting agenda. The County shall serve upon Company via
certified mail, at least twenty (20) days prior to the date such Board meeting, a written notice of
this intent to request such relief or termination, and the time and place of the meeting, notice of
which shall be published by the County at least once, twenty (20) days before such meeting in a
newspaper of general circulation within the county.
(2) The Board shall hear any persons interested therein, and shall reasonably
determine if Company is in default on any material obligation under this agreement. If the
Board determines that Company is in default in any material obligation under this agreement,
the Board shall also determine: (i) if just cause exists for the default; or (ii) if the default is
otherwise excusable.
(3) In the event that County, after such meeting, determines that Company is in
material default of any provision of this Franchise, and the default is not excusable, County
may:
a. Commence an action at law for monetary damages or seek equitable relief;
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b. Seek specific performance of any provision, which reasonably lends itself to such
remedy;
c. In the case of a substantial default of a material provision of this Franchise,
declare the franchise agreement to be revoked.
B. RESTORATION OF PROPERTY
In removing its plant, structures and equipment, the Company shall refill, at its own
expense, any excavation that shall be made by it and shall leave all public rights of way and
places in as good condition as prevailed prior to the Company's removal of its equipment and
appliances without affecting the electrical or telephone cable wires, or attachments. The County
shall inspect and approve the condition of the public ways and public places; and cables, wires,
attachments and poles after removal. The liability, indemnity and insurance as provided herein
shall continue in full force and effect during the period of removal and until full compliance by
the Company with the terms and conditions of this paragraph and this agreement.
C. RESTORATION BY COUNTY, REIMBURSEMENT OF COSTS
In the event of a failure by the Company to complete any work required by Subsection
B, above, or any other work required by County law or agreement within the time as may be
established and to the reasonable satisfaction of the County, the County may cause such work to
be done and the Company shall reimburse the County the reasonable cost thereof within thirty
(30) days after receipt of an itemized list of such costs. The County shall be permitted to seek
legal and equitable relief to enforce the provisions of this section.
D. RIGHTS NOT AFFECTED
The termination and forfeiture of any Franchise shall in no way affect any of the rights
of the County or Company under the Franchise or any provision of law.
SECTION 20. RECEIVERSHIP AND FORECLOSURE
A. APPOINTMENT OF RECEIVER
The Franchise herein granted shall at the option of the County, cease and terminate one
hundred twenty (120) days after the appointment of a receiver or receivers or trustee or trustees
to take over and conduct the business of the Company whether in a receivership, reorganization,
bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been
vacated prior to the expiration of said one hundred twenty (120) days.
SECTION 21. COMPLIANCE WITH STATE AND FEDERAL LAWS
Company's operations in the County shall comply with all applicable laws, rules and
regulations of the United States, the State of Oregon and the County.
SECTION 22. INTEGRATION
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This Agreement sets forth the entire agreement between the parties respecting the subject
matter hereof. All agreements, covenants, representations and warranties, express and implied,
oral and written, of the parties with regard to the subject matter hereof are contained herein. No
other agreements, covenants, representations or warranties, express or implied, oral or written,
have been made by any party to another with respect to the matter of this Agreement. All prior
and contemporaneous conversations, negotiations, possible and alleged agreements,
representations, covenants and warranties with respect to the subject matter hereof are waived,
merged herein and therein and superseded hereby and thereby. This is an integrated Agreement.
SECTION 23. NOTICES
Throughout the term of the agreement, Company shall maintain and file with the County
a designated legal or local address for the service of notices by mail. A copy of all notices from
the County to Company shall be sent, postage prepaid, to such address and such notices shall be
effective upon the date of mailing. At the effective date of this agreement, such addresses shall
be:
Amy Tykeson
Bend Cable Communications, LLC
63090 Sherman Road
Bend, Oregon 97701
All notices to be sent by Company to the County under this agreement shall be sent,
postage prepaid, and such notices shall be effective upon the date of mailing. At the effective
date of this agreement, such address shall be:
Deschutes County
Attn: County Administrator
1300 NW Wall St., Ste. 200
Bend, Oregon 97701
SECTION 24. RELATIONSHIP OF REMEDIES
A. REMEDIES ARE NON-EXCLUSIVE.
The remedies provided for in this agreement are cumulative and not exclusive; the exercise of
one remedy shall not prevent the exercise of another remedy, or the exercise of any rights of the
County at law or equity provided that the cumulative remedies may not be disproportionate to
the magnitude and severity for the breach for which they are imposed.
B. NO ELECTION OF REMEDIES.
Without limitation, the recovery of amounts under the insurance, indemnity or penalty
provisions of this agreement shall not be construed as any of the following: an election of
remedies; a limit on the liability of Company under the agreement; or an excuse of faithful
performance by Company.
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SECTION 25. FORCE MAJEURE
Whenever this agreement sets forth a time for any act to be performed by Company,
such time shall be deemed to be of the essence, and any failure of Company to perform within
the allotted time may be considered a material violation of this agreement and sufficient grounds
for the County to invoke any relevant provision of this agreement. However, in the event that
Company is prevented or delayed in the performance of any of its obligations under this
agreement by reason of a force majeure occurrence, such as acts of God (for example, floods,
fires, tornadoes, earthquakes or unusually severe weather conditions), Company's performance
shall be excused during the force majeure occurrence and Company thereafter shall, under the
circumstances, promptly perform the affected obligations under this agreement or procure a
substitute for performance which is satisfactory to the County. Company shall not be excused
by mere economic hardship nor by misfeasance or malfeasance of its directors, officers,
employees, or duly authorized agents.
SECTION 26. GOVERNMENTAL ACCESS
A. CHANNEL CAPACITY FOR GOVERNMENT ACCESS
(1) Company shall provide access to one cable channel for Government Access and
shall insure access to said channel to the County for non-commercial government use. Company
may use said channel for its purposes when said channel is not being utilized for governmental
use. Company may fulfill its obligations under this Section by providing access to a shared
Government Access channel.
(2) Within six (6) months of the effective date of this agreement, Company shall
provide, without charge, adequate capacity to facilitate the transmission of live broadcasts of the
regular business meetings of the Deschutes County Board of Commissioners, Deschutes County
Budget Committee, Deschutes County Planning Commission and other regularly scheduled
public County business meetings, if those meetings are held in a single specified permanent
meeting room at 1300 NW Wall Street, Bend, Oregon. If meetings are not held in this location,
or if the Company is located outside of Bend and does not have a physical plant connection to
facilitate live broadcasts, the County will arrange for recording and delivery of content to
Company, at County's expense. Company shall broadcast recorded footage of the County
business meetings described if the meeting cannot be aired live due to the location. Recorded
copies shall be provided to Company on DVD, VHS tape or other medium mutually agreeable
to County and Company. All meetings, whether originally broadcast live or on recorded
medium shall be broadcast not less than three (3) times on the government access channel within
one week of the original broadcast or made available free on -demand after the initial airing once
all customers have access to video on -demand.
(3) County reserves the right, at its sole discretion, to change the permanent location
of the regularly scheduled business meetings described above. County will reimburse Company
for connectivity costs required to change the location for broadcasts. Company shall provide, at
County's cost, adequate capacity to facilitate the transmission of live broadcasts from the new
location upon receipt of ninety (90) days written notice from County of the new, permanent
location.
(4) If the Company lacks live feed capability and its cable system becomes
interconnected with the cable system of another Company with live feed capability, or if
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interconnection becomes technologically and economically feasible, Company agrees to make
its best efforts to make the technological improvements necessary to cablecast live County video
programming as provided in subsection (2), above.
(5) In the event of a conflict between Deschutes County live video programming and
the live programming of another Government Access user, County shall negotiate in good faith
with the the other government agency or agencies creating the conflict and shall notify the
Company of the mutually agreed upon preference of the agencies.
B. ACCESS CHANNEL ON LOWEST AVAILABLE TIER
The Government Access channel shall be included by the Company, without limitation,
as a part of basic service offered by the Company on its Cable System.
C. CHANGE IN GOVERNMENT ACCESS CHANNEL DESIGNATION
Company shall provide the County with a minimum of thirty days' notice prior to the
time Governmental access channel designations are changed. Company shall consult with the
County prior to making a final determination regarding any changes in the Government Access
channel designations/assignments. Any new channel designations for the Government Access
channel provided pursuant to this agreement shall be in full compliance with FCC signal quality
and proof of performance standards.
D. CHANGE IN TECHNOLOGY
County agrees to consult with Company prior to the purchase of digital production
equipment to insure forward compatability with planned technological changes. In the event the
Company makes changes to the Cable System and related equipment, outside of planned
technological changes or obsolescence, which render the County's equipment incompatiable,
Company shall provide reasonable technical assistance and training to ensure that the
capabilities of the Government Access channel are not diminished or adversely affected by such
change. County will consult with Company prior to purchasing equipment to ensure said
equipment is technically compatible with the Cable System. Technology changes enacted by the
federal government or those caused by technological obsolescence (e.g., digital, high definition,
etc.) are the County's responsibility.
E. TECHNICAL QUALITY
The Company shall maintain all upstream and downstream cable channel at the same
level of technical quality and reliability required by this agreement and all other applicable laws,
rules and regulations for residential subscriber channels.
SECTION 27. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Agreement is, for
any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect
the validity of the remaining portions of this Agreement.
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Agreed to this day of 2008.
Attest:
Dave Kanner Amy Tykeson
County Administrator Bend Cable Communications, LLC
Bend Broadband cable franchise
kEViEWEC
LE !: co
Page 17 of 18
TO:
County Administrator
Deschutes County
1300 NW Wall St.
Rm. 200
Bend, OR 97701
ACCEPTANCE OF CABLE COMMUNICATION FRANCHISE
hereby accepts this non-exclusive franchise granted by
Deschutes County and does hereby agree that it will comply with and abide by all of the
provisions, terms and conditions of the Franchise Agreement between itself and the County, and
the documents comprising the Franchise as said documents are set forth in the Franchise
Agreement, subject to applicable federal, state and local law. Accepted this day
of , 2007.
Title
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