2003-30
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CABLE TELEVISION FRANCmSE AGREEMENT
BETWEEN
LAKE COUNTY, FLORID~ A POLITICAL SUBDIVISION
OF THE ST ATE OF FLORID~ THE CITIES OF CLERMONT, GROVELAND, MASCOTTE
AND MINNE 0 L ~
ALL MUNICIPALITIES LOCATED WITIDN LAKE COUNTY, FLORIDA
AND
BRIGHT HOUSE NETWORKS, LLC f/k/aJ TWEAN SUBSIDIARY, LLC
EFFECTIVE: Dee - 1 6 ,2003
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SECTION 1
1.0.
1.1
1.2
1.3
1.4
1.5
1.6
SECTION 2
2.1
2,2
2.3
2.4
SECTION 3
3.1
3.2
SECTION 4
4.1
4.2
4.3
4.4
4.5
SECTION 5
SECTION 6
6.1
6.2
6.3
SECTION 7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
TABLE OF CONTENTS
RENEWAL OF .FRAN"CmSE...............,....,..........,.................
Recitals..",...........................,....,......................,....,...,.......
Grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . , , . . . . . . , . . . . , . . . , . . . . . . , . . , , . . . . . . . . . .
Right of Grantor to Issue and Renew Franchise. . . . . . . , . . . . . . , . . . , . . . . . . . . . . .
Effective Date of Renewal. .. .. . . .. .. . . .. . .. . .. .. . . .. . .. .. . .. . .. . .. . .. . .. . .. . .. ..
Duration..,.......".....,....,..,......................,....,......................
Conflict with Cable Ordinance........,...... ...... ,...."., .....,... ...........
Definitions."..........., ........,..,... "...,..................... ". ." ." .., ...,
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(JENE~RE~~~~S...... ...." ..........,....... .,.....,. ... ,......
Governing Requirements...... ......... ....,........" ,..... ,......., ....., ......
FranchiseFee...........................,.......,...."...".,...,.................
Insurance........".,.,..........,.....,...............,..........".....,.,........
Performance Security.."..,.........,.,..."..,.,.......,........,.....,....,.,..
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SERVICE AREA AND LINE EXTENSION POLICY.,. ... .,. ,.. ". ... .." 6
FranchiseServiceArea.......,.....,..,................"."....,........".......6
Line Extension Policy 7
SYSTEM......."....,.........,.....",...........""...........,...."......,.... 7
Capacity...,.............,....,....",...."..................."..,.,..,.........,... 7
ServicetoPublicBuildings.........,..,..................,.....,.............,... 7
Emergency AlertCapability.......,...,..............,......,......,.,.........., 8
Technical Standards,..........,........,.....".."........,.........,...."....". 8
Customer Service Standards..................................".......,.....,....,8
SERVICES AND PRO(J~CJ.............,.......... .,....... ....., .... 8
ECJACCESS................"........".............,............",....,.......... 8
EGAccessChannels......:..................."...............,................... 8
Educational Access Support,..........,...,..,.,........,.,....,.,.,.."......." 9
ECJConnection............"......,..........................................,...... 9
RECJULATION...,.................,.....,.........,..........,...,..,....,........ 9
FranchiseRegulation.....,....,........................,...""...........".....,. 9
ForceMajeure......................,....,....................."....,.......,....... 9
Notices..................................................,...........,......,......... 10
Successors and Assigns.................,................., ................,....... 11
Severability......,.,.........,.......,...,........,..........".,........,..,........ 11
Choice of Law...........,..........................,.... ...................,....... 'II
EntireAgreement........,................,..........................,..,.........,. 11
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AGREEMENT
THIS AGREEMENT, effective this 1..L. day of December, 2003, is between Lake
County, Florida, a political subdivision of the State of Florida, the Cities of Clermont,
Groveland, Mascotte and Minneola, all municipalities located within Lake County, Florida,
hereinafter collectively referred to as the "Grantors";
AND
Bright House Networks, LLC f/k/a TWEAN Subsidiary, LLC, licensed to do business in
the State of Florida,' with its pdncipal place of business located at 2251 Lucien Way, Maitland,
FL 32751, hereinafter referred to as "Grantee".
WITNESSETH
WHEREAS, the Grantors are authorized to grant and renew one or more non-exclusive
revocable ftanchises to operate, construct, maintain and reconstruct a cable television system
within the Grantors' respective ftanchise areas; and
WHEREAS, the Grantors are each served by Grantee pursuant to existing cable
television ftanchise agreements and are each signatories to InterLocal Agreements intended to
provide for the uniform and efficient regulation of Grantee; and
WHEREAS, the Grantors, after due evaluation of the Grantee, and after public hearings,
have determined that it is in the best interests of the Grantors and their residents to jointly renew
the franchise of Grantee pursuant to this Agreement.
NOW THEREFORE, the Grantors hereby grant to Grantee a renewal of its cable
television ftanchises for Grantors' respective ftanchise service areas in accordance with the
provisions of this Agreement.
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SECTION 1. RENEWAL OF FRANCmSE
1.0 Recitals
The above recitals are true and correct and incorporated herein,
1.1
Grant
The cable television ftanchises currently held by Grantee for the ftanchise service
areas of Grantors are hereby renewed, pursuant to the terms and conditions of this Agreement.
The renewal extends to Grantee the ftanchise, authority, right and privilege, to construct,
reconstruct, operate and maintain a cable television system within the streets and public ways in
the franchise service areas as they are now or may in the future be constituted, and also provides
the authority to offer to subscribers any cable television services that legally may be offered.
1.2 Right of Grantor to Issue and Renew Franchise
Grantee acknowledges and accepts the present right of Grantors to issue and/or renew a
ftanchise.
1.3
Effective Date of Renewal
The renewal shall be effective on , 2003. The renewal is contingent upon
the filing by Grantee with the County Clerk, of the executed Franchise Agreement.
1.4
(a)
Duration
The term of the renewal shall be twelve (12) years from the effective date hereof
1.5
Conflict with Cable Ordinance
(a) This Agreement is subject to the Cable Communications Ordinance of the Lake
County Code. The provisions of the Ordinance are hereby incorporated herein by reference as if
set out in full and form part of the terms and conditions of this Agreement. In event of any
conflict between the terms and conditions of this Agreement and the provisions of the Ordinance,
the Ordinance shall control, unless the Agreement, or any amendment thereto, expresses an
intent to waive a requirement of the Ordinance.
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(b) Should the Ordinance be amended, revised, superseded or otherwise changed or
should other legislation be enacted by any Grantor after the effective date hereof in such way as
would materially affect the terms and conditions of this Agreement, said amendment, revision,
change or legislation shall not apply to this Agreement without Grantee's approval. The Grantors
agree that any amendments, revisions or other changes to the Ordinance must be uniformly
adopted by all the ftanchising authorities subject to this Agreement and agreed to by Grantee
before the Grantee becomes subject to any requirements thereunder in order to avoid the
imposition on Grantee of inconsistent requirements in the different ftanchise service areas
subject to this Agreement
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(c)
In the event a future tranchise is granted on terms or conditions more favorable or
less burdensome than those contained herein, then this Franchise shall be deemed amended as of
the effective date of the future tranchise to incorporate the more favorable or less burdensome
term(s) or condition(s) herein.
1.6
Definitions
The definitions contained in the Cable Communications Ordinance of Lake County Code
are incorporated herein as if fully set forth and are the controlling definitions in the event of any
conflict between the definitions of the several Ordinances,
SECTION 2. GENERAL REQUIREMENTS
2.1 Governing Requirements
Grantee shall comply with all lawful requirements of this Agreement, the Ordinance and
applicable State and Federal law.
2.2
Franchise Fee
(a) The following provisions of this Section and Ordinance sections shall not be in
effect so long as ftanchise fees are paid to the State through the Communications Service Tax or
similar tax or fee,
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(b) The Grantee shall pay to the Grantors a fÌ"anchise fee of five percent (5%) of the
gross revenues received by the Grantee for the provision of cable services within the fÌ"anchise
service areas. The ftanchise fee shall be paid to each Grantor on a quarterly basis.
2.3
Insurance
Upon the effective date of renewal the Grantee shall, at its sole expense, take out, and
maintain during the life of this Agreement and furnish to the Grantors, policies of insurance that
shall conform to the insurance provisions of the Ordinance. Notwithstanding anything to the
contrary in the Ordinance, the coverages specified in the Ordinance shall not be obtained
individually for each Grantor. Grantee shall obtain a single insurance policy in each category .
specified in the Ordinance (comprehensive general liability, comprehensive automobile liability,
broadcaster's errors and omissions, and workers compensation) at the coverage levels specified
in the Cable Communications Ordinance of the Lake County Code, which shall be for the benefit
of all the Grantors. Grantors waive the insurance provisions of the Ordinance to the extent such
provisions conflict with the above.
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2.4 Performance Security
Grantors waive any requirement for the establishment of performance security by
Grantee.
SECTION 3. SERVICE AREA AND LINE EXTENSION POLICY
3.1 Franchise Service Area
The Grantee's ftanchise service areas shall be the entire geographic areas included within
each Grantor, including any and all additional territory as it is annexed thereto, during the tenD
of this Agreement. The Grantee shall offer the full range of residential cable services to all
residents of the fÌ"anchise service areas, in accordance with the provisions of Section 3.2 below.
Grantee shall be required to extend its distribution facilities and provide service to
residential and non-residential subscribers in any area within the fÌ"anchise territory where there
exists twenty (20) dwelling units for each strand-mile of cable extension required or portion
thereof where the ratio of twenty (20) dwelling units per strand-mile is maintained. In the case of
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an overbuild, the grantee having the technically feasible distribution point closest to the unserved
area meeting the above-referenced density requirements shall be responsible for providing
service, The proximity of the headend shall be determined by measuring the distance of public
right of way and compatible easements which could be utilized for the facilities and equipment
to provide service as identified by the County Administrator.
The grantee shall not be responsible for providing service in this area or meeting the
density requirements herein if:
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(a) The grantee is precluded by the property owner, instrument of record or contract from
providing cable services or construction and installation of-facilities and equipment;
(b) Another cable operator is providing such service; or
(c) A SMATV operator is providing cable service to the area.
Nothing herein shall preclude the grantee from charging for the construction or
installation of facilities and equipment to provide service to subscribers requesting such where
the strand-mile density is less than required, as set forth above.
3.2 Line Extension Policy
Notwithstanding any provision to the contrary in the Ordinance, including the provisions
of Section 6.5 of the Cable Communications Ordinance of Lake County, the Grantee shall only
be obligated to provide residential cable services at standard installation charges, provided that
the residential unit is within one hundred twenty five (125) feet from the nearest distribution
cable of the Grantee's system. In the event a request is made for service by a resident in an area
not meeting such criteria, the Grantee shall make such installation available to the requesting
subscriber on a time and material basis, the estimated amount payable in advance. Any
provisions in the Ordinance requiring the provision of cable services in conflict with the above
standard are waived by Grantors.
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SECTION 4, SYSTEM
4.1 Capacity
The Grantee's cable system shall have the capacity to provide at least eighty (80) video
channels (550 MHz). The actual number of channels of video programming. offered to
subscribers shall be detennined by Grantee in its sole discretion.
4.2 Service to Public Buildings
Grantee shall, upon request from the Grantors, provide without charge, one outlet of
expanded basic cable service to each public building and public school within the Franchise
Service Area that is within 125 feet from the nearest distribution cable of Grantee's system-.
These outlets of expanded basic service shall not be used by Grantors or any other party to sell
services in or throughout such buildings. Expanded basic cable service shall consist of the Basic
Service tier and the primary Cable Programming Service tier offered by the Grantee. Expanded
basic cable service shall not include any New Product Tier or premium services, To the extent
permitted by law, users of such outlets shall hold the Grantee harmless from and against any and
all liability or claims arising out of their use of such outlets including but not limited to those
arising from copyright liability.
4,3 Emergency Alert Capability
Grantee shall provide the system capability to transmit an emergency alert signal as
required by FCC regulations,
4.4 Technical Standards
The Federal Communications Commission (FCC) Rules and Regulations, Part 76,
Subpart K (Technical Standards), as amended from time to time, shall apply, to the extent
permitted by applicable law.
4.5
Customer Service Standards
Grantee shall comply with the FCC customer service standards, which shall satisfy the
customer service standards contained in the Ordinance.
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SECTION 5. SERVICES AND PROGRAMMING
Grantee shall provide Grantors with a list of program services and rates offered, which
list shall be updated each time a change is made as required by applicable law.
SECTION 6. EG ACCESS
6.1 EG Access Channels
Grantee shall provide one video channel for non-commercial local educational and
governmental access to be shared with other franchising authorities served by the system.
Grantee and Grantors agree to negotiate in good faith concerning the provision of such
educationaVgovernment channel. Grantee will not charge Grantor for use of the
educationaVgovernment access channel.
6.2 Education Access Support
Within 10 business days after the effective date of this Agreement, Grantee shall provide
a grant of fourteen thousand ($14,000) to Lake Sumter Community College ("College") to be
utilized by the College for production equipment for the production of educational programming
for the educational/government access channel. Grantee and Grantor agree that this payment
satisfies the grant required in the Cable Ordinance Section 6.5-20 (b).
6.3 EG Connection
Grantee shall make available upstream capacity to enable the transmission of
programming signals to Grantee's headend for distribution of the access channel. The Grantors
shall be responsible for the direct costs of the facilities necessary to transmit such signals from
the point of origin and insert them into Grantee's system at a technically feasible location,
Grantors shall also be responsible for the costs associated with maintaining and replacing any
such equipment and facilities.
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SECTION 7. REGULATION
7.1 Franchise Regulation
(a) The ffanchises renewed under this Agreement shall be subject to regulation by
Grantors in accordance with all of the lawful provisions of the Ordinance.
(b)
Grantors may regulate Grantee's rates subject to and consistent with applicable
law.
(c) Notwithstanding any other provision in this Agreement and the Ordinance to the
contrary, any action or inaction of the Grantor relating to noncompliance by Grantee of its
obligations under this Agreement and the Ordinance shall be enforceable by Grantors only with
respect to the specific ftanchise service area to which the noncompliance applies,
7,2 Force Majeure
Prevention or delay of performance by Grantee of any obligation under this Agreement or
the Ordinance due to circumstances beyond the control of the Grantee, unforeseen circumstances
or Acts of God shall not be deemed noncompliance with, or in violation of, this Agreement or
the Ordinance. To the extent Grantee's performance of any obligation in this Agreement or the
Ordinance is delayed by circumstances described in the preceding sentence, Grantee's
compliance with such obligation shall be excused until such circumstances are removed or
resolved which shall be accomplished within a reasonable amount of time. The Grantee shall
have a reasonable time following the removal or resolution of such circumstances
to complete its performance under this Agreement and Ordinance.
7,3
Notices
Notices transmitted by either party to this Agreement to the other party shall be addressed
as follows:
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Grantors:
City Manager
City of Clermont
P. O. Box 120219
Clermont, FL 34712
City Manager
City of Groveland
156 S, Lake Avenue
Groveland, FL 34736
City Clerk
City ofMascotte
P.O, Box 56
Mascotte, FL 34753
CityofMinneola
p, O. Box 678
Minneola, FL 34755
Lake County
P.O. Box 7800
Tavares, FL 32778-7800
Grantee:
Vice President, Public Affairs and Government Relations
Bright House Networks
2251 Lucien Way
Maitland, FL 32751
Either-party may designate by written notice a different address to which notices shall be
sent.
7.4 Successors and Assigns
All provisions of this Agreement shall apply to any lawful successors and assigns.
7.5 Severability
If any provision of this Agreement or the application of such provIsIon to any
circumstance is declared unconstitutional or otherwise invalid by the lawful judgment of any
court of competent jurisdiction, the remainder of this Agreement or the application of the
provision to other circumstances, shall not be affected thereby,
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7.6
Choice of Law
This Agreement shall be governed by and interpreted under the laws of the State of
Florida. In the event of any conflict between federal law and state or local law, federal law shall
control.
7.7
Entire Agreement
This Agreement and the Ordinance embody the entire understanding of the parties with
respect to the subject matter hereof and merge and supersede all prior representations,
agreements, understandings, whether oral or written, between Grantors and Grantee with respect
to the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement/Contract on the respective dates under each signature: LAKE COUNTY through its
BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to
execute same by Board action on the 1 6 day of December, 2003, and the respective
Cities authorized to execute the same,
COUNTY
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LAKE COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
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Cler fthe
Board of County Commissioners
Lake County, Florida
ThiS~y of ~ 2003,
a d legality.
County Attorney
Ivlslon
December 18, 2003
Date
Attest
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PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
. LAKE COUNTY FLORID A TIllS ~DA Y OF D~ . . 2003.
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PASSED AND ADOPTED TEllS ~ day of
session of the City CoUncil of Groveland, Florida.
Oc-tnhPT
. 2002.... in regular
CIT
AGREED TO:
~~~
Mayor, City of Groveland
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PASSED AND ADOPTED TIllS )3~DAY OF OcJvkJ¿¡L.
ATTEST:
CITY OF MASCOTTE, FLORIDA
JlCUUJ-I-. JJa.bM1
City Clerk
M~
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Date
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ORDINANCE 2003-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MINNEOLA, FLORIDA, APPROVING THE RENEWAL OF A
NONEXCLUSIVE CABLE TELEVISION FRANCHISE AGREEMENT
WITH BRIGHT HOUSE NETWORKS, LLC f/k/a TWEAN
SUBSIDIARY, LLC¡ PROVIDING FOR THE REPEAL OF
CONFLICTING ORDINANCES¡ PROVIDING FOR
SEVERABLITY¡ AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,
the
City Council
the
City of Minneola,
Florida,
of
acting through and pursuant to Article IX of the City's Charter, the
General Ordinances of the City Minneola, and Florida Statute 166.046,
regulates the establishment and renewal of cable television franchises
when within the City;
and
WHEREAS, the City Council, having considered the factor set forth
in Florida Statutes 166.046 and other relevant information, finds that
granting a nonexclusive cable television franchise to Bright House
Networks, LLC, as set forth in attached Exhibit "A", is in the best
interests of the City of Minneola.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MINNEOLA AS FOLLOWS:
Section 1.
The cable television franchise agreement between Lake
County, Florida, a political subdivision of the State of Florida, the
Cities
of
Clermont,
Groveland,
and
Minneola,
all
Mascotte,
municipalities loc.ated within Lake County,
Florida and Bright House
Networks, LLC f/k/a Twean Subsidiary, LLC, attached hereto as Exhibit
"A"
and incorporated herein by reference is hereby approved.
The
Mayor and City Clerk are authorized to execute
such agreement on
behalf of the City of Minneola.
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Ordinance 2003-22
Page 2
Section 2,
All ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 3,
If any section, sentence, clause, or phrase of this
ordinance is held to be invalid or unconstitutional by any Court of
competent jurisdiction, then said holding shall in no way effect the
validity of the remaining portion of this ordinance.
Section 4,
This Ordinance shall be effective upon passage by the
City
Cou=il of the City of Mi=eola. ~
PASSED AND ORDAINED this ,..j¡jd day of itl°y"n.iL¿¡L ,
in regular session of the City Council of the City of Minneola.
2003
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OFFIC~'/ I /II 'II'"
CITY ATTORNEY'S
oved as to form and legal content for use and
of Minneola.
Scot
U (1:5/03
Date f I