Excerpt from Pittsburgh Cable Franchise Agreement:
SECTION 5.INSTITUTIONAL NETWORKS
- 5.1 Intent. In connection with its Cable System Upgrade, Franchisee
agrees to install high capacity broadband ATM (asynchronous transfer mode)
service network capacities as more fully described herein ("Institutional
Networks"). Franchisee agrees to construct Institutional Networks capacity
and provide for community access to certain of its Internet-based products
for the purpose of ensuring access to underserved communities that are not
otherwise provided for via other publicly-funded institutions. The capacity
shall be used exclusively by the City, and other persons authorized by City
to use the Institutional Networks (the "Institutional Subscriber(s)"),
subject to the terms and conditions as set forth in this Section 5 of the
Agreement.
- Definitions. For purposes of this Section:
- "Community Access Network" or "Community
Network" shall mean that portion of Institutional Network capacity
that will be designated for use by persons other than the City,
designated pursuant to section 5.4 of this Agreement.
- "Community Access Site" shall mean a
location for the installation of computers and peripheral equipment
as needed to link to the Community Network, as designated by the
Member of Council pursuant to section 5.4 of this Agreement.
- "Institutional Networks" or "I-Nets"
mean networks of high capacity service related to and, to the extent
deemed feasible by the Franchisee, jointly constructed with the
System Upgrade of Franchisee's Cable System; such network is to
be designed and constructed by the Franchisee and is not generally
available to Subscribers of the Franchisee's Cable System. The term
Institutional Network shall refer collectively to the City Institutional
Network as set forth in section 5.2, the Community Network detailed
in section 5.4, or to the Education Network as set forth in section
5.5. As used in this Section, the term "I-Net" shall not
include any electronics or other equipment needed to activate the
networks, except as noted herein.
- "Service Outage" means any loss of functionality
on any of the Institutional Networks.
- "Work" means whatever is required of
the Franchisee to perform and complete its duties under this Section.
The term does not refer to activities of the Franchisee required
to perform and complete its duties under other Sections of this
Franchise Agreement, including but not limited to construction of
the System Upgrade.
5.2 City Institutional Network
- Description
- The City Institutional Network shall consist of
a high capacity, broadband, general purpose communications network
(the "City Network"). The network shall employ ATM switching
technology capable of supporting a wide range of voice, data and
video interfaces. The ATM switches shall be linked by a backbone
fiber optic network.
- The Franchisee shall be responsible for installing
and maintaining all of the components required to support the Citys
telecommunications requirements to be served by the City Network.
Major components of the City Network include but are not limited
to ATM switches, backbone fiber optic links, City Network management
platform, system operating software and customer service interface
equipment.
- Throughout the term of the Franchise, the Franchisee
will be responsible for performing reasonable upgrades of the Network
to ensure that the system remains technologically current.
- The initial network deployment will include ATM
switching equipment to links supporting data rates of OC3 and OC12.
The facilities are to be connected by fiber optic cable terminated
with SC connectors; Exhibit 1 contains a list of the 23 sites that
will comprise the network along with the designation of the minimum
acceptable fiber interface link.
- The Franchisee shall supply the City, under the
terms of this Agreement, all user interface modules and equipment
to connect the Citys voice, data and video equipment. The
output or connection point to the interface modules will for purposes
of this section be defined as the "Demarcation Point."
Initially, this requirement can be met by providing interface to
high speed Ethernet, DS1, DS3 and full motion NTSC video with associated
camera control for pan, tilt and zoom function. As new interface
modules requirements develop, the Franchisee will assume the responsibility
for expanding the inventory of available interface devices. Franchisees
responsibilities for the City Institutional Network, including facilities,
maintenance and repair terminate at the Demarcation Point.
- The Franchisee will provide the City with a design
and relevant engineering support documentation for review and acceptance
by the City within ninety (90) days of the Effective Date of the
Agreement. Construction of the City Network shall be completed within
thirty (30) months of the Effective Date of the Franchise, or by
the date it completes construction of its System Upgrade, whichever
is earlier. The City will cooperate with Franchisee to ensure compliance
with this requirement.
- The City may attach such devices to the City Network
or upgrade City Network equipment as it deems appropriate, provided
that such devices do not adversely affect the technical integrity
of the City Network.
- The City may connect the City Network to other
internal networks at the Demarcation Point.
- Ownership and Management; Limitation of Liability.
- Ownership of the City Network distribution system
facilities shall remain with the Franchisee. Franchisee shall be
responsible for maintenance, repair and management of the City Network
during the term of this Agreement.
- The City shall be responsible for installation
and maintenance of any customer premise equipment such as: switches,
servers, routers or other active components required beyond the
Demarcation Point. The Franchisee is responsible for the network
from Demarcation Point to Demarcation Point, and for any components
thereon, as well as any components at the Franchisees switching
centers.
- In the event of a failure of the City Network,
whether in whole or in part, Franchisees liability shall be
limited solely to (i) repairing or replacing the City Network pursuant
to the service, maintenance and performance standards specified
in Section 5.2(F) and (ii) the provisions of Sections 18.1 and 18.2
of this Franchise. Nothing herein shall be construed to limit Franchisees
obligations specified in Section 13 of this Franchise. In the event
of a failure caused by unauthorized computer intrusion or a failure
in the transmission of data, the Franchisees liability, if
any, shall not exceed an amount equal to the proportionate charge
by the Franchisee for the service for the period during which the
service provided by the Franchisee was affected or so utilized.
- Construction.
- Concurrent with the installation of fiber optic capacity
during the System Upgrade, the Franchisee shall complete construction
of the City Network in accordance with this Agreement to the locations
listed in Exhibit 1.
- The City shall have access to the Work at all
times from commencement of the Work through its completion, in
accordance with applicable law. The Franchisee shall take all
reasonable steps to provide access when requested, provided, however,
that such access shall not unreasonably impede efforts of the
Franchisee, its subcontractors or others engaged in the Work.
- Changes in the Work within the general scope
of this Section, consisting of reasonable additions, deletions,
revisions or any combination thereof, may be ordered by change
order, subject to mutual agreement where additional costs are
expected to be incurred. If the City thereafter directs the Franchisee
to perform the work, Franchisee agrees to do so. To ensure that
the City is in a position to take advantage of economies that
may accrue from Cable System construction, Franchisee will notify
City of its construction plans for its Cable System on an ongoing
basis so that such changes can be made in a timely and economical
manner.
- The acceptance testing to determine completion of
I-Net construction will be composed of two parts:
- Physical inspection
- End to end performance testing
- Each of these inspections will lead to the initial
operation testing of the network, develop the turnover documentation
and form a reference for future troubleshooting.
- The physical configuration of the I-Net will be inspected
to monitor conformance with the I-Net design, the Franchise, and applicable
law. Inspections of the cable runs and components will be made during
the construction process to maintain the integrity of the design and
Franchisee shall keep records thereof. Should a change be required,
written documentation shall be developed that outlines the reason
for the change.
- Construction of the City Network pursuant to this
section shall include the following procedures:
- The Franchisee shall notify the City in writing
fifteen (15) days in advance of completion of construction of
each site identified in Exhibit 1. The notice shall include the
date the Franchisee is prepared to conduct an OTDR (Optical Time
Domain Reflectometer) test to demonstrate that the fiber connectivity
meets manufacturer's specifications. The test must be conducted
in the presence of the City's designated observer.
- The City shall also have the option of conducting
a physical inspection of the construction and connections to the
site. This inspection shall be conducted no later than the date
of the test in paragraph (i).
- If the connections to the site pass the performance
test required by paragraph (i) above and the City does not inform
the Franchisee in writing within 10 days that the physical inspection
discloses errors in construction or installation or fails to conform
with the approved design, the site shall be deemed accepted. Acceptance
of a test shall not be unreasonably withheld. If the City does
not accept the site test, it will provide a written explanation
of the reasons it refuses to accept the test. The Franchisee shall
promptly correct and deficiencies in the Work, and retest that
site.
- In addition, as part of the acceptance testing, the
Franchisee will demonstrate that the combined networks used to transmit
and receive signals are operating and meeting the standards for the
City Network from the City perspective, to the Demarcation Point.
If the testing shows that there is a problem with the internal wiring
or equipment for a location that is not the Franchisees responsibility,
the City and the locations will be so notified.
- The City may inspect the City Network, and require
appropriate testing as a condition of payment of any invoice for maintenance,
or in order to ensure that repairs have been properly completed.
- Charges and Fees.
- Costs and charges associated with the construction,
operation and maintenance of the City Network shall be paid by Franchisee,
as set forth herein and Franchisee will be permitted to treat its
reasonably-related expenses attributable to the City Network as franchise
related costs in accordance with FCC rules and regulations, provided
that Franchisee performs a cost assessment upon completion of City
Network construction. Subscriber bills may be adjusted downward to
reflect such assessment. City Network costs shall not be considered
to be Franchise Fees nor may they be credited against Franchise Fees.
- All charges for the construction, operation and maintenance
of the City Network for use by the City shall be limited to the FranchiseeÕs
Direct Incremental Costs of providing such services. "Direct
Incremental Costs" means the costs directly and actually incurred
by Franchisee in meeting a requirement under this Franchise which
Franchisee would otherwise not have been required to incur as part
of its operation of its Cable System network, or in order to meet
another obligation of this Franchise. In calculating direct Incremental
Costs, the Franchisee shall not include costs that are already accounted
for under the Upgrade.
- Additional Work. After completion of the initial
City Network construction, the City may, from time to time, request
the Franchisee to connect the City Network to additional locations,
and Franchisee shall do so if the parties can agree to reasonable terms
and conditions. To ensure that the City is in a position to take advantage
of economies that may accrue from Cable System construction, Franchisee
will notify City of its construction plans for its Cable System on an
ongoing basis so that the City Network can be expanded in a timely and
economical manner.
- Maintenance.
- Franchisee will provide technical support 24 hours
a day, seven (7) days per week. This will be accomplished with "on-call"
technicians who are scheduled to carry a pager, will respond to
all pages within thirty (30) minutes, and will be on site within
30 minutes, in the case of a public safety emergency.
- Franchisee will set up mechanisms and procedures
for all City Network users to quickly and easily report system trouble.
These trouble or service calls will then be documented, processed,
and completed in the same manner as Subscriber calls. With this
documentation will come monthly City Network service call reports
which will include a breakdown of reasons and resolutions as well
as call handling efficiency.
- Notwithstanding the staffing, testing and equipment
and response requirements set forth herein, the Franchisee will
provide in-house and/or contractor staff, spare and equipment backup,
test and maintenance equipment and additional steps as necessary
to ensure that the City Network can transmit signals reliably up
to the applicable standards:
- Franchisee will provide City Network users
the highest level of service, reliability, repair and maintenance
that is made available to any commercial or residential user
of the Cable System.
- City Network paths carrying critical circuits
(as identified by the City) shall receive the highest priority
in the FranchiseeÕs I-Net repair program.
- The City Network reliability for all channels and
transmission links between any two Demarcation Points, plus equipment
for which the Franchisee is responsible at the User premises shall
meet or exceed 99.8 %. This shall be taken to mean that the total
cumulative Service Outage time at any City Network site attributable
to a failure of that portion of the City Network for which Franchisee
is responsible shall not exceed 17.5 hours over the period of one
year. Normal Service Outages or System Outages that have been scheduled
in advance by the Franchisee with a designated representative of
the City shall not be covered under the definition of a failure.
- At any time that any fiber cable is known to fall
below the performance standards set forth herein, actions shall
be taken to restore the operation of the network to the standards
within 2 hours. Franchisee will cooperate with the City to allow
the City access to facilities as necessary to maintain and monitor
signal and fiber quality on the City Network.
5.3 Senior Community Centers and Recreation Centers.
Upon completion of the initial Upgrade, Franchisee shall provide up to eighty
(80) cable modems and Internet access service, to every Senior Community
Center and Recreation Center operated or otherwise under the control of
the City.
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5.4 Community Access Network.
- Community Access Plans and Site Selection Process.
- One node in each designated City neighborhood (up
to 88 such sites, i.e., one for each neighborhood) will be identified
for a connection from the node to a pole that will serve to connect
a Community Access Site in that neighborhood to the Community Network.
Upon a showing of ongoing funding for the connection, Franchisee shall
pay the Direct Incremental Costs of running fiber from the node to
the pole serving the Community Access Site. Within forty-five (45)
days of the Effective Date of this Agreement, the Member or Members
of Council serving each neighborhood shall designate one Community
Access Site for that neighborhood, and one alternate location for
such Site. Upon identifying the Community Access Site, the Member
or Members of Council shall designate a Site Coordinator for that
Site. Within the ensuing sixty (60) days, the Site Coordinator shall
be responsible for preparing a Community Access Plan for the Community
Access Site, consisting the following elements:
- a plan for providing access to underserved members
of the neighborhood population not otherwise served by other public
institutions, and a detailed description of how the Community Access
Plan accomplishes this objective;
- information regarding accessibility should be
designated in a manner (e.g., child-friendly, handicapped accessibility,
convenient hours) that will encourage use by the underserved populations
targeted in the Community Access Plan. All best efforts should be
employed to identify existing public facilities currently open to
the general public. A Community Access Site can, but need not be,
a School, a public library or a City facility.
- an agreement that the Community Access Plan is
in compliance with PITTSBURGH CODE OF ORDINANCES, Title VI, Article
V (Discrimination);
- an agreement that each potential Community Access
Site(s) identified pursuant to (b) above will comply with PITTSBURGH
CODE OF ORDINANCES, Title VI, Article V (Discrimination);
- a detailed management plan for ongoing operation
of the Community Access Site; and
- detailed identification of funding sources for
equipment and materials needed to connect and activate the Community
Access Site, including ongoing operational costs of maintaining
the Community Access Site.
- Each Site shall have a designated interior point
of demarcation for the Community Network within the Community Access
Site (interior hub site).
- Franchisee shall include each site identified in
(2) above in the preliminary design plan for the Cable System Upgrade.
- During the 60-day review period, the Member(s) of
Council serving each neighborhood and Franchisee shall consult with
one another to assess the Community Network requirements for hardware
and signal transport capacity for each site to determine minimum and
maximum capacity requirements for each site. Based on these assessments,
the Franchisee will estimate the hardware and signal transport costs
for each of the proposed Community Access Site locations.
- The hardware estimate will detail the Direct
Incremental Cost for site hardware purchase, installation, hardware
maintenance and interior site wiring, taking into consideration
existing interior site wiring and equipment already owned by the
site that the site wants to incorporate into its use of the Community
Network. Franchisee will make a good faith effort to incorporate
such wiring and equipment.
- The signal transport estimate will provide the
Direct Incremental Costs for providing capacity use on the distribution
network, distribution network hardware, ongoing network maintenance
and construction.
- Within fifteen (15) days of receipt of the design
and cost estimates for the construction of the Community Network and
proposed individual sites, the Member of Council shall confirm with
Franchisee the Community Access Site for each neighborhood and notify
the Franchisee of that selection.
- A neighborhood may elect a coaxial cable modem connection
and FranchiseeÕs cable modem service in lieu of (4) and (5) above,
by so advising their Member of Council.
- Notwithstanding (1) Ð (6) above, Franchisee shall
construct backbone fiber optic links for Community Network use. Revenues
received by Franchisee from the provision of services over such facilities
shall not be subject to franchise fees nor may they be credited against
franchise fees, in accordance with Section 2.33 and Section 5.4(C)(1)
of this Agreement.
- Ownership and Management.
- Ownership of the Community Network distribution system
facilities shall remain with the Franchisee. Franchisee shall be responsible
for maintenance, repair and management of the Community Network during
the term of this Agreement.
- The Institutional Subscriber shall be responsible
for installation and maintenance of its customer premise equipment
such as: switches, servers, routers or other active components required
beyond the Demarcation Point. The Franchisee is responsible for the
Community Network from Demarcation Point to Demarcation Point, and
for any components thereon, as well as any components at the FranchiseeÕs
switching centers.
- Charges and Fees.
- Costs and charges associated with the construction,
operation and maintenance of the Community Network or cable modem
service shall be paid by individual Institutional Subscribers, pursuant
to the terms of a separate agreement with Franchisee. Franchisee will
be permitted to treat its reasonably-related expenses attributable
to the Community Network as franchise related costs and pass them
through to Subscribers in Basic Service rates in accordance with FCC
rules and regulations, provided that such costs may be adjusted downward
pursuant to a cost assessment upon completion of Community Network
construction. Community Network fees shall not be subject to Franchise
Fees nor may they be credited against Franchise Fees.
- All charges for the construction, operation and maintenance
of the Community Network for use by Institutional Subscribers shall
be limited to the FranchiseeÕs Direct Incremental Costs of providing
such services. "Direct Incremental Costs" means the costs
directly and actually incurred by Franchisee in meeting a requirement
under this Franchise which Franchisee would otherwise not have been
required to incur as part of its operation of its Cable System, or
in order to meet another obligation of this Franchise. In calculating
Direct Incremental Costs, the Franchisee shall not include costs that
are already accounted for under the Upgrade, or its provision of service
to City sites.
- Maintenance and Service Standards.
- Except for trouble calls and malfunctions determined
to have been caused by an Institutional Subscriber(s), including but
not limited to trouble calls related to equipment incompatibility,
Franchisee will be responsible for maintenance, repair and management
of the Community Network.
- Institutional Subscribers shall be guaranteed a response
by a human customer service representative to customer service requests
within four (4) hours of the request, during Normal Business Hours.
- Franchisee shall provide at least one week advance
notice to any affected Institutional Subscriber of any maintenance
requiring temporary interruption of services, except in emergency
situations.
- The Franchisee and Institutional Subscriber shall
develop a mutually agreeable priority listing of critical circuits
and their terminal locations. In any requests for repair, Institutional
Subscribers shall alert the Franchisee as to critical circuits requiring
priority repair. Franchisee shall utilize its best efforts to repair
critical circuits on a priority basis.
- Institutional Subscribers will not attach any equipment
or otherwise use the Community Network in any manner that will interfere
with the signal quality and the normal operation of the Franchisee's
Cable System in conformity with this Franchise and FCC regulations,
including but not limited to regulations pertaining to signal leakage.
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5.5 Education Institutional Network.
- As part of the System Upgrade, Franchisee agrees to construct
Institutional Network capacity for the use of Schools, public libraries,
and public museums such access to be wired to the Demarcation Point within
the building, provided that the School, public library and public museum
enters into a managed services agreement with Franchisee. For purposes
of this Section, "public museum" shall mean an institution for
the acquisition, preservation, study and exhibition of works of artistic,
historical, or scientific value supported wholly, or in part, by federal,
state, or local government funds.
- Ownership and Management.
- Ownership of the Education Network distribution system
facilities shall remain with the Franchisee. Franchisee agrees to
manage the Network for the duration of this Agreement. Franchisee
shall be responsible for maintenance, repair and management of the
Education Network.
- The Institutional Subscriber shall be responsible
for installation and maintenance of its customer premise equipment
such as: switches, servers, routers or other active components required
beyond the Demarcation Point. The Franchisee is responsible for the
Education Network from Demarcation Point to Demarcation Point, and
for any components thereon, as well as any components at the Franchisee
switching centers.
- Charges and Fees.
- Costs and charges associated with the operation and
maintenance of the Education Network shall be paid by individual Institutional
Subscribers, pursuant to the terms of a separate agreement with Franchisee.
In no event, will Education Network costs be assessed, in whole or
in part, against residential cable Subscribers or Franchisee. Education
Network fees shall not be subject to Franchise Fees nor may they be
credited against Franchise Fees.
- All charges for the construction, operation and maintenance
of the Education Network for use by Institutional Subscribers shall
be limited to the FranchiseeÕs Direct Incremental Costs of providing
such services. "Direct Incremental Costs" means the costs
directly and actually incurred by Franchisee in meeting a requirement
under this Franchise which Franchisee would otherwise not have been
required to incur as part of its operation of its Cable System, or
in order to meet another obligation of this Franchise. In calculating
Direct Incremental Costs, the Franchisee shall not include costs that
are already accounted for under the Upgrade, or its provision of service
to City sites.
- Maintenance and Service Standards.
- Except for trouble calls and malfunctions determined
to have been caused by an Institutional Subscriber(s), including but
not limited to trouble calls related to equipment incompatibility,
Franchisee will be responsible for maintenance, repair and management
of the Education Network.
- Institutional Subscribers shall be guaranteed a response
by a human customer service representative to customer service requests
within four (4) hours of the request, during Normal Business Hours.
- Franchisee shall provide at least one week advance
notice to any affected Institutional Subscriber of any maintenance
requiring temporary interruption of services, except in emergency
situations.
- The Franchisee and Institutional Subscriber shall
develop a mutually agreeable priority listing of critical circuits
and their terminal locations. In any requests for repair, Institutional
Subscribers shall alert the Franchisee as to critical circuits requiring
priority repair. Franchisee shall utilize its best efforts to repair
critical circuits on a priority basis.
- Institutional Subscribers will not attach any equipment
or otherwise use the Education Network in any manner that will interfere
with the signal quality and the normal operation of the Franchisee's
Cable System in conformity with this Franchise and FCC regulations,
including but not limited to regulations pertaining to signal leakage.
5.6 General Responsibilities of Franchisee For Institutional
Networks.
- Franchisee must construct and maintain each Institutional
Network using trained and qualified personnel, and in accordance with
all applicable laws. Franchisee is responsible for maintaining each Institutional
Network so that it is reliable and usable for critical, high-speed data
applications, as well as for the transmission of video and voice.
- Aerial construction shall be permitted for construction
of Institutional Networks to existing facilities outside the Central Business
District (as defined by the City of Pittsburgh) except where public safety
considerations dictate otherwise. This provision shall apply to connections
for facilities used to provide Community Network access under Section
5.4(A)(7).
- The Franchisee shall maintain for each Institutional Network
from Demarcation Point to Demarcation Point, any components of that Institutional
Network between those points.
- If any portion of an Institutional Network up to a Demarcation
Point is cut or destroyed (unless it is cut or destroyed by the City or
an Institutional Subscriber), or if relocation is required, it is FranchiseeÕs
duty to replace, repair, or relocate that Institutional Network infrastructure
promptly, at FranchiseeÕs cost.
5.7 Use. The Institutional Networks are private communications
network governed by this Agreement and the Cable Act. The City and Institutional
Subscribers will use the Institutional Networks solely for non-commercial
applications, and will not resell access to those Institutional Networks.