HomeMy WebLinkAbout962262.tiff RESOLUTION
RE: RENEW CABLE TELEVISION FRANCHISE AND APPROVE FRANCHISE
AGREEMENT -JOSHUA CABLEVISION/FANCH CABLEVISION OF COLORADO,
L.P., DBA INTERMOUNTAIN CABLE COMM AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Joshua Cablevision has applied for a renewal of its current cable television
franchise, and
WHEREAS, the Board has been properly notified that Joshua Cablevision will complete
the transfer of its cablevision interests to Fanch Cablevision of Colorado, L.P., on or before
December 31, 1996, and
WHEREAS, the Board has been presented with a Franchise Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Joshua Cablevision/Fanch Cablevision of Colorado, L.P., dba Intermountain
Cable Comm, beginning January 1, 1997, with further terms and conditions being as stated in
said agreement, and
WHEREAS, a hearing before the Board was held on the 11th day of December, 1996,
at which time the Board deemed it advisable to continue said matter to December 18, 1996,
and
WHEREAS, at said hearing on December 18, 1996, Mike Pfeiler, representing Joshua
Cablevision/Fanch Cablevision of Colorado, L.P., was present, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the application for a cable television franchise and all the
evidence presented in this matter and, having been fully informed, deems it advisable to grant
said franchise renewal and approve said franchise agreement, a copy of which is attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the cable television franchise renewal be, and hereby is, granted
to Fanch Cablevision of Colorado, L.P., dba Intermountain Cable Comm.
BE IT FURTHER RESOLVED that the Franchise Agreement between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County
and Fanch Cablevision of Colorado, L.P., be, and hereby is, approved effective January 1,
1997.
962262
ORD94
��. OA; FZACA
RE: FRANCHISE AGREEMENT- JOSHUA CABLEVISION/FANCH COMMUNICATIONS, INC.
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of December, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
- 7 cif WELD COUNTY, COLORADO
ATT T: FXCl1SFll fATF nF SIfNINf (AYF
Barbara J. Kirkmeyer, Chair
Wel a my•Clerkto fly B and �
1,\ { - ,
` s Baxter, Pro-Tem
BY:
eputy t e Board
Dale K. Hall
APPR AS TO FORM: (/
Constance L. Harbert
unt orne�
FXCIJSFr)
W. H. Webster
962262
ORD94
FRANCHISE AGREEMENT Z,
THIS FRANCHISE AGREEMENT is made and entered into this /('1day of
1996, by and between the COUNTY OF WELD, STATE OF COLORADO, (hereinafter referred to as the
"County") and FANCH CABLEVISION OF COLORADO, L.P., doing business as INTERMOUNTAIN
CABLE COMM, a Colorado corporation (hereinafter referred to as "Fanch"), with its principal place of
business at 885 Parfet Street, Unit 2A, Lakewood, Colorado 80215.
WHEREAS, County is authorized to grant one or more nonexclusive, revocable, franchises to
construct, reconstruct, operate, and maintain a cable communication system within the County; and
WHEREAS, Fanch is agreeable to providing such services to the County and has made application
to the County for a franchise; and
WHEREAS, County has determined that the financial, legal, and technical ability of Fanch is
reasonably sufficient to provide services, facilities, and equipment necessary to meet the future
cable-related needs and interests of the community; and
WHEREAS, County, after public hearings and due evaluation, has determined that it is in the best
interest of the County and its residents to grant a franchise to Fanch for the term herein provided.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenant contained herein,
the parties do mutually agree as follows:
1. DEFINITIONS. The following terms, phrases, words, and abbreviations shall have the
meanings ascribed to them below. When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural number include the singular number, and
words in the singular number include the plural number:
1.1 "Addressable" shall mean the ability of a cable communications system to direct and
receive communications only at reception points on the system authorized to receive such
communications.
1.2 "Affiliate" means an entity which owns or controls, is owned or controlled by, or is
under common ownership with Fanch.
1.3 "Basic Service" means any service tier which includes the retransmission of local
television broadcast signals or such other definition as may be adopted by federal law.
1.4 "Cable Acts" mean the Cable Communications Policy Act of 1984, as amended, and
the Cable Television Consumer Protection and Competition Act of 1992, and the
Telecommunications Act of 1996 as it may be amended.
1.5 "Cable Service" means the one-way transmission to subscribers of video
programming or other programming service and subscriber interaction, if any, which is
required for the selection of such video programming or other programming service.
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1.6 "Cable System" means a facility, consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment that is designed to
provide cable service which includes video programming and which is provided to multiple
subscribers within a community, but such term does not include:
a. A facility that serves only to retransmit the television signals of one or more
television broadcast stations; or,
b. A facility that serves only subscribers in one or more multiple unit dwellings
under common ownership, control, or management, unless such facility or
facilities uses any public right-of-way.
1.7 "Downstream" shall mean signals originating at the headend or hubs and transmitted
to subscribers.
1.8 "Earth station" shall mean equipment used to receive signals from or transmit signals
to a communications satellite.
1.9 "FCC" shall mean the Federal Communications Commission or successor
governmental entity thereto.
1.10 "Franchise" shall mean the initial authorization, or renewal thereof, issued by the
Franchising Authority pursuant to Weld County Ordinance 94, A and B Amendments, whether
such authorization is designated as a franchise, permit, license, resolution, contract,
certificate, agreement, or otherwise, which authorizes the construction or operation of the
Cable System.
1.11 "Franchising Authority" means the County or the lawful successor, transferee, or
assignee thereof.
1.12 "Force majeure"shall mean any delays caused by reason of:
a. Civil commotion;
b. Riots;
c. Acts of God and nature, such as floods, earthquakes, unusual
accumulations of rain, ice, or snow, and tornadoes; and,
d. Any other circumstances reasonably beyond the control of Fanch.
1.13 "Gross receipts" shall mean all operating receipts derived from the Cable System
collected directly or indirectly by Fanch or any affiliate in association with the provision of
cable communication services or any other services provided over the Cable System within
the County, including, but not limited to basic monthly service fees, premium service fees,
installation and reconnection fees, local origination fees, leased channel fees, additional
outlet fees, advertising receipts, and converter rentals. Gross receipts shall not include any
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taxes on services which are imposed directly or indirectly on any subscriber thereof by any
governmental unit or agency and which are collected by Fanch on behalf of such
governmental unit or agency.
1.14 "Headend" shall mean the facility, including antennas and associated electronics
which receives, controls, and switches the electronic information transmitted over the Cable
System.
1.15 "Interconnect" shall mean the electronic connection of two or more different Cable
Systems for the purpose of exchanging, switching, or retransmitting programming or other
signals.
1.16 "Person" means an individual, partnership, association, joint stock company, trust,
corporation, governmental entity, or any other entity.
1.17 "School" shall mean any duly accredited nonprofit educational institution, including
primary and secondary schools, colleges and universities, both public and private, but
excluding "home schools" and charter schools.
1.18 "Service Area" means the present boundaries of the County, and shall include any
additions thereto by annexation or other legal means.
1.19 "State-of-the-art" shall mean the condition of any Cable System, components, or
equipment accepted and used in the cable communications industry throughout Colorado
and its surrounding states which is of a high technical quality, dependable, reliable, and
economically feasible for comparable county population.
1.20 "Street" means the surface of and the space above and below any public street, road,
highway, freeway, lane, path, alley, court, sidewalk, boulevard, parkway, drive, public way
or place, or other easement now or hereafter held by the County.
1.21 "Subscriber" means a person or user of the Cable System who lawfully receives
Cable Services or other service therefrom with Fanch's express permission.
1.22 "Upstream" shall mean the transmission of signals through a Cable System from
subscribers to the headend.
1.23 "Video Programming" means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
2. GRANT OF FRANCHISE.
2.1 County hereby grants to Fanch, subject to the terms and conditions of this Franchise
Agreement, a nonexclusive franchise which authorizes Fanch to construct and operate a
Cable System and offer cable service and other services in, along, among, upon, across,
above, over, under, or in any manner connected with streets within the service area and for
that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in,
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on, over, under, upon, across, or along any street and all extensions thereof and additions
thereto, such earth stations, wires, cables, conductors, ducts, conduits, vaults, manholes,
pedestals, amplifiers, appliances, attachments, and other related property or equipment as
may be necessary or appurtenant to the Cable System.
2.2 This franchise is subject to the county ordinances, statutes and regulations now in
effect or hereafter made effective to the extent that Fanch's rights and obligations herein are
not materially altered thereby. Nothing in this Franchise Agreement shall be deemed to
waive the requirements of the various codes and ordinances of the County including, but not
limited to, permits, fees to be paid, or manner of construction. On regulatory matters,
Federal and State laws will apply.
3. RIGHT OF COUNTY TO ISSUE FRANCHISE. Fanch acknowledges and accepts the legal
right of the County as such legal right exists on effective date hereof to issue this franchise on the
date of grant thereof, and Fanch agrees that it shall not now nor at any time hereafter challenge this
lawful right of the County to issue this franchise in any way, in any County, State, or Federal Court
or governmental agency.
4. EFFECTIVE DATE OF FRANCHISE. The effective date of the franchise shall be the date
set forth on page one of this Agreement on which the parties agreed that they entered into this
Franchise Agreement.
5. TERM. The term of the franchise shall be for a period of 15 years from the effective date,
unless sooner terminated as provided in this franchise.
6. FRANCHISE NONEXCLUSIVE. This franchise shall not be construed as any limitation upon
the right of the County to grant to other persons rights, privileges, or authorities similar to the rights,
privileges, and authorities herein set forth, in the same or other streets, alleys, or other public ways
or public places. The County specifically reserves the right to grant at any time during the term of
this Franchise Agreement or renewal thereof, if any, such additional franchises for a Cable System
as it deems appropriate upon such terms and conditions as it deems appropriate. However, in the
event the County enters into a franchise, permit, license, authorization, or other agreement of any
kind with any other person or entity other than Fanch to enter into the County's streets for the
purpose of constructing or operating a Cable System or providing cable service to any part of the
service area, the material provisions thereof shall be reasonably comparable to those contained
herein, in order that one operator not be granted an unfair competitive advantage over another, and
to provide all parties equal protection under the law.
7. INCORPORATION OF WELD COUNTY BY REFERENCE AND RESOLUTION OF
CONFLICTS. All terms, conditions, and provisions of Weld County shall be deemed to be embodied
in this Franchise Agreement. Any and all conflicts between this Franchise Agreement and said Weld
County shall be resolved using the provisions of this Franchise Agreement to the extent that Fanch's
rights and obligations herein are not materially altered. On regulatory matters, Federal and State
laws will apply.
8. DRAFTING OF FRANCHISE AGREEMENT. Both the County and Fanch hereby ack-
nowledge that they participated equally in the negotiation and drafting of this Franchise Agreement
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and that, accordingly, no court construing this Franchise Agreement shall construe it more stringently
against one party than against the other.
9. SERVICE AREA AND LINE EXTENSIONS. Fanch shall offer nondiscriminatory cable
service to the County. Until such time that Fanch has at least 150 subscriptions within the County,
it shall be the obligation of Fanch to furnish cable service to those areas of the County in such areas
where Fanch offers such service and having a density of at least 50 homes or dwelling units per
lineal cable mile as measured from the existing terminus of the Cable System. At such time that
Fanch has 150 subscribers or more within Weld County, it shall be the obligation of Fanch to furnish
cable service to those areas of the County in such areas where Fanch offers such service and
having a density of at least 25 homes or dwelling units per lineal cable mile as measured from the
existing terminus of the Cable System. Additionally, Fanch shall extend its service to any person
within the County who elects to subscribe to the cable service if they are less than 125 feet from the
trunk or distribution cable. However, for unusual circumstances, such as the existence of more than
125 feet of distance from distribution cable to connection of service to subscribers, or a density of
less than the relevant number of homes or dwelling units per 5,280 cable-bearing strand feet of trunk
or distribution cable, as more particularly set forth above, cable service or other service may be
made available on the basis of a capital contribution in aid of construction, including cost of material,
labor, and easements. For the purpose of determining the amount of capital contribution in aid of
construction to be borne by Fanch and subscribers in the area in which cable service may be
expended, Fanch will contribute an amount equal to the construction and other costs per mile,
multiplied by a fraction whose numerator equals the actual number of potential subscribers per 5,280
cable-bearing strand feet of its trunk or distribution cable, and whose denominator equals 50 or 25,
depending upon the relevant density of homes or dwelling units, as more particularly set forth above.
Other potential subscribers will bear the remainder of the construction and related costs on a pro rata
basis. Fanch may require that the payment of the capital contribution in aid of construction borne
by such potential subscribers be paid in advance.
10. SYSTEM.
10.1 Present System. The parties understand and agree that the Cable System in the
County operated by Fanch at the time of this franchise renewal consists of a residential
network with a capacity of_channels.
10.2 Public Access. Neither Fanch nor the County shall be required to provide a studio
for public access purposes. Fanch currently has no public access studios or facilities which
could be made available to Weld County subscribers. However, if, in the future, during the
term of this Franchise, Fanch has public access studios and facilities, such public access
studios and facilities will be made available to Weld County subscribers.
11. TECHNICAL STANDARDS. The Cable System operated hereunder shall at all times
operate and be updated as needed so that, at a minimum, it is in conformance with all federal, state
and local technical specifications (as they may be amended) including but not limited to technical
specifications contained in FCC rules and regulations (as they may be amended), or any other
applicable law which may supersede such rules. Regardless of the technical standards that may be
applicable, Fanch shall use its good faith efforts to provide to subscribers video and audio signals
of consistently good quality.
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12. SYSTEM DESIGN AND CAPACITY. The following requirements shall govern and be
applicable to the Cable System by Fanch:
12.1 System Configuration. The system shall be as described in Attachment A.
12.2 Addressability. The Cable System is currently not addressable. If, at any time
during the term of this Franchise, the Cable System becomes addressable, the Cable
System shall provide addressability, with capability for users to acquire signal security for
selected channels and subchannels through techniques such as signal scrambling or
encoding.
12.3 Capacity for Two-Way Residential Services. The Cable System shall have the
capability for two-way residential services.
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12.4 Standby Power. Fanch currently does not have available standby power. If standby
power should become economically feasible for Fanch during the term of this Franchise,
Fanch shall provide standby power-generating capacity at the headend of at least four hours.
In addition, at such time as standby power becomes feasible for Fanch, Fanch shall maintain
strategically located standby power system supplies throughout the Cable System, rated for
at least two hours duration.
12.5 Interconnections. Upon the request of the County, Fanch shall negotiate in good
faith to interconnect the Cable System with neighboring Cable Systems.
13. CONSTRUCTION.
13.1 Right of Inspections. The County shall have the right to inspect all construction and
installation work performed subject to the provisions of this franchise, and shall make such
reasonable tests as it shall find necessary to ensure compliance with the terms of this
Franchise Agreement and other pertinent provisions of the law; provided, however, that the
County shall be permitted to charge Fanch its usual and customary fees of general
applicability for construction in the streets, and provided, further, that such inspection and
tests shall not interfere with the operation of the Cable System and the provision of
subscriber services.
13.2 Detailed Plan. At any time during the term of this Franchise that Fanch contemplates
any construction concerning the Cable System, upon request, Fanch shall provide the
County a detailed construction plan indicating a schedule, area construction maps, test plans,
and projected dates for offering service. Upon request, Fanch shall update this information
on a monthly basis, by the tenth day of each subsequent month for the duration of the
construction period, showing specifically whether schedules are being met and the reasons
for any delay. Fanch shall adhere to the construction schedule as submitted subject to force
majeure.
14. LEASED ACCESS CHANNELS. Fanch shall offer leased access channel capacity on such
terms and conditions and rates as may be negotiated with each lessee subject to the requirements
of the Cable Acts.
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15. GENERAL PROVISIONS. The following provisions shall be applicable to the Cable System
upon the effective date of this Franchise Agreement and shall be applicable throughout the life of the
franchise.
15.1 Emergency Alert Capabilities. In the case of any emergency or disaster, Fanch
shall, upon request of the County, make available its facilities and personnel to the County
to provide emergency information and instructions during the emergency or disaster period,
such availability and use to be made subject to FCC requirements and regulations. To the
extent permitted by law, the County shall hold Fanch, its agents, employees,officers, and
assigns hereunder, harmless from any claims arising out of the emergency use of Fanch's
facilities by the County, including, but not limited to, reasonable attorneys' fees and costs.
15.2 Parental Control Devices. Fanch shall make available to subscribers the ability to
lock out such channels as they may desire. Fanch reserves the right to charge for such
services and equipment.
15.3 Service to Multiple Family Dwelling Units. Fanch shall offer the individual units
of a multiple family dwelling unit all services offered to other dwelling units in the County;
provided, however, that any such offering is conditioned upon the unit being passed by
activated cable and Fanch having legal access to said unit.
15.4 Minimum Interference. All transmission lines, equipment, and structures shall be
installed, constructed, maintained and located so as to cause minimum interference with the
rights and reasonable convenience of property owners and at all times be kept and
maintained in a safe and adequate condition, and in good order and repair. Fanch shall, at
all times, employ necessary and reasonable care and shall install and maintain in use
commonly accepted methods and devices for preventing failures and ,accidents which are
likely to cause damage, injury, or nuisances to the public. Suitable barricades, flags, lights,
flares, or other devices shall be used at such times and places as are reasonably required
for the safety of all members of the public.
15.5 Test and Compliance Procedures.
a. Fanch, at its cost, shall perform all tests necessary to determine compliance with
the FCC prescribed technical standards.
1) Initial proof of performance test. Upon request, Fanch shall provide to
the County at Fanch's expense an initial proof of performance test for each section
of the Cable System, to confirm the extent to which that section of the Cable System
complies with the applicable technical standards. Further, Fanch, at its expense,
shall provide the County within 30 days of completion of the system, its written
opinion that the system has been completed.
2) Certifications and recertifications. Fanch shall, no less often than as
provided by law, perform at Fanch's expense, a proof of performance test to verify
that the system conforms to all requirements specified in this Franchise Agreement
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and applicable law. Upon request, copies of the results of such proof of performance
tests shall be provided to the County.
3) Signal leakage tests and reports. Fanch shall specifically monitor the
complete plant, downstream and upstream, on an ongoing and regular basis for
signal leakage and shall submit to the County, on request, a written report detailing
the section tested, measurements recorded at specified locations, and corrections
made. Written records of test results shall be maintained and shall be available for
County inspection upon request.
4) County may perform tests. The County may perform technical tests of
the Cable System during reasonable times and in a manner which does not
unreasonably interfere with the normal business operations of Fanch or the Cable
System in order to determine whether or not Fanch is in compliance with the terms
hereof and applicable local, state and federal laws. Except in emergency
circumstances, such tests may be undertaken only after giving Fanch reasonable
notice thereof, and providing a representative of Fanch an opportunity to be present
during such tests. In the event that such testing demonstrates that Fanch has
substantially failed to comply with a material requirement hereof, the reasonable costs d
such tests shall be borne by Fanch. In the event that such testing demonstrates thatFanch
has substantially complied with such material provisions hereof, the cost of such testing
shall be borne by the County. Except in emergency circumstances, the County agrees
that such testing shall be undertaken no more than two times a year in the aggregate, and
that the results thereof shall be made available to Fanch upon Fanch's request.
b. Notice of shutdown. At least 12 hours before any planned shutdown in
excess of four hours, Fanch shall give notice to the County when possible, of maintenance
or major equipment changeouts which require loss of service to 25 or more customers.
c. Employee identification. Fanch shall provide a standard identification document
to all employees, including employees of contractors and subcontractors, who will be
in contact with the public. Such documents shall include a telephone number that can
be used to verify identification.
15.6 Services for the Disabled. Fanch shall comply with all applicable federal, state and
local laws regarding services for the disabled.
15.7 Free Service. Fanch shall provide without charge one outlet of all of its basic
services and expanded basic services (or future equivalent services) to the Franchising Authority's
office building(s), each public library, fire station(s), police stations(s), and private and public school
building(s) that are passed by its Cable System in the County. The outlets of basic and expanded
basic services shall not be used to distribute or sell Cable Services in or throughout such buildings;
nor shall such outlets be located in common or public areas open to the public. Notwithstanding
anything to the contrary set forth herein, Fanch shall not be required to provide an outlet to such
buildings where the drop line from the feeder cable to said buildings or premises exceeds 125 cable
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feet, unless it is technically feasible and so long as it will not adversely affect the operational,
financial condition, or market development of the Cable System to do so, or unless the appropriate
entity agrees to pay the incremental cost of such drop line in excess of 125 cable feet. In the event
that additional outlets of basic and expanded basic services are provided to such buildings, the
building owner shall pay the usual installation fees associated therewith, including, but not limited
to, labor and materials at actual cost. However, the basic and expanded basic services shall be
provided free of charge regardless of the number of outlets provided to such buildings.
16. CUSTOMER SERVICE STANDARDS. Fanch shall fully comply with the Customer Service
Standards as set forth in Attachment B which are attached hereto and incorporated herein by
reference.
17. EQUAL EMPLOYMENT OPPORTUNITY. Fanch shall comply with all applicable equal
employment opportunity laws.
18. FRANCHISE RENEWAL. The County and Fanch agree that any proceedings undertaken
by the Franchising Authority that relate to the renewal of Fanch's franchise shall be governed by and
comply with the provisions of Section 626 of the Cable Acts, unless the procedures and substantive
protections set forth therein shall be deemed to be preempted and superseded by the provisions of
any subsequent provision of federal or state law.
In addition to the procedures set forth in said Section 626(a), the County agrees to notify Fanch of
the completion of its assessments regarding the identification of future cable-related community
needs and interests, as well as, the past performance of Fanch under the then current franchise
term. Notwithstanding anything to the contrary set forth herein, Fanch and the County agree that at
any time during the term of the then current franchise, while affording the public adequate notice and
opportunity for comment, the County and Fanch may agree to undertake and finalize negotiations
regarding renewal of the then current franchise and the County may grant a renewal thereof. Fanch
and the County consider the terms set forth in this section to be consistent with the express
provisions of Section 626 of the Cable Acts.
19. POLICE POWERS. In accepting this franchise, Fanch acknowledges that its rights
hereunder are subject to the police powers of the County to adopt and enforce general ordinances
necessary to the safety and welfare of the public and it agrees to comply with all applicable general
laws and ordinances enacted by the County pursuant to such power.
20. FRANCHISE FEES.
20.1 Amount. Fanch, in consideration of the privilege granted under this franchise for the
use of streets and public ways and the privilege to construct and operate a Cable System,
shall pay to the County 5% of Fanch's annual gross receipts collected during the period of
its operation under the franchise in the County. The franchise fee payable by Fanch to the
County on gross revenues from any non-cable television related programming product or
other communications services such as interactive, data, telephone transmission or other
communication products or services, shall be subject to federal law with the parties
negotiating in good faith, but shall be at the same rate but no greater than the franchise fee
payable to the County by all other providers of the same product or service within the Service
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Area. Each payment shall be accompanied by a brief report from a representative of Fanch
showing the basis for the computation.
20.2 Payable quarterly. Fanch shall file with the County, within 30 days after the last day
of each quarter, a revenue statement showing the gross revenues received by it during the
preceding quarter, together with the franchise fee for said preceding quarter. Fanch shall
also file, no later than 90 days after the end of each of its fiscal years, Fanch's revenue
statements for the preceding year, certified as true and correct by a financial officer of Fanch.
20.3 Inspection and audit. The County shall have the right to inspect such of Fanch's
income records, to audit any and all relevant records necessary to enforcement of the
franchise, and to recompute any amounts determined to be payable under the franchise.
20.4 Delinquent payment. In the event that any franchise payment is not received by the
County on or before the applicable dates, interest shall be charged from such due date at an
annual interest rate of 18% plus a late charge of 5% will also be due and owing.
20.5 Franchise revocation or termination. In the event the franchise is revoked or
otherwise terminated prior to its expiration date, Fanch shall file with the County, within 90
days of the date of revocation or termination, a certified revenue statement showing the gross
receipts received by it since the end of the previous year and shall make adjustments at that
time for the franchise fees due up to the date of revocation or termination.
20.6 No waiver. 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 or for the performance of any other obligation of
Fanch.
20.7 Not to exceed amounts set by federal law. The parties acknowledge that the
franchise fees payable by Fanch to the County shall not exceed the amount set at any time
by federal law.
20.8 Five year limitation. The period of limitation for recovery of any franchise fees
payable hereunder shall be five years from the date on which payment by Fanch is due.
Unless within five years from and after said payment due date the County initiates a lawsuit
for recovery of such franchise fees in a court of competent jurisdiction, such recovery shall
be barred and the County shall be estopped from asserting any claims whatsoever against
Fanch relating to any such alleged deficiencies.
20.9 Franchise fees not a tax. The franchise fees shall not be considered in the nature
of a tax, but shall be in addition to any and all taxes which are now or hereafter required to
be paid by any law of the County, the State of Colorado, or the United States.
20.10 Payment for audit. If the results of an audit by the County show a discrepancy of
more than 5% in the franchise fees that were to be paid to the County, Fanch shall pay for
the cost of such audit.
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20.11 Equitable payments for use of right of way. In the event that franchise fees are
prohibited by any law or regulation, Fanch shall negotiate in good faith with the County for
an equitable payment for use of the public rights-of-way. Such payments shall be made on
a monthly basis with the same procedure as specified in Section 20 herein.
21. REGULATION, RATES, AND CHARGES.
21.1 Regulatory Authority. The County may exercise appropriate regulatory authority
under the provisions of this Franchise Agreement and applicable law. Regulation may be
exercised through any duly designated County office or duly established body appointed to
advise or support the County in its regulatory responsibilities.
21.2 Exercise of Regulatory Authority. The County and Fanch acknowledge that any
future regulation of rates and charges relating to the provision of Cable Services and
equipment under this Franchise Agreement shall be governed by applicable federal, state
and local laws and the rules and regulations of the FCC (as amended). In addition, the
County may from time to time elect not to regulate Fanch's rates and charges, but any such
election shall not waive the County's right to regulate in the future. When the County does
elect to regulate, it shall first promulgate necessary rules and procedural standards that
conform to applicable laws and FCC requirements. Thereafter, the County and Fanch will
adhere to such procedures in evaluating and resolving any matters which arise concerning
rates and charges which are subject to rate regulation under applicable laws and FCC rules
and regulations.
21.3 No Discrimination. Fanch shall not, as to rates, charges, services, service facilities,
rules, regulations or in any other respect, make or grant any undue preference or advantage
to any person, or subject any person to any undue prejudice or disadvantage.
22. CONSTRUCTION PROVISIONS.
22.1 Technical Standards. Fanch's Cable System constructed within the County shall
meet or exceed all technical standards of the FCC and other applicable federal, state and
local laws as they now exist or may hereafter be amended.
22.2 Poles. Fanch shall not erect or authorize or permit others to erect any poles
within the streets of the County for operation of its Cable System.
22.3 Disconnection, Relocation, or Removal from public right of way. Upon its receipt
of reasonable advance notice, not to be less than 48 business hours, Fanch shall, at its own
expense, protect, support, temporarily disconnect, relocate in the streets or public way, or
remove from the streets or public way, any property of Fanch when lawfully required by the
County by reason of traffic conditions, public safety, street abandonment, freeway and street
construction, change or establishment of street grade, installation of sewers, drains, gas or
water pipes, or any other type of structures or improvements by the County. If public funds
are available to any company using such street, easement, or right of way for the purpose
of defraying the cost of any of the foregoing, such funds shall also be made available to
Fanch.
ll
962,2x2
22.4 Accommodating Building Moving Permits. Fanch shall, on the request of any
person holding a building moving permit issued by the County, temporarily raise or lower its
wires to permit the moving of such building, provided:
a. The expense of such temporary raising or lowering of wires is paid by said
person, including, if required by Fanch, making such payment in advance; and,
b. Fanch is given not less than five business days advance written notice to
arrange for such temporary wire changes.
22.5 Tree Trimming. Fanch shall have the authority to trim trees or other natural growth
overhanging any of its Cable System in the service area so as to prevent branches from
coming in contact with Fanch's wires, cables, or other equipment. Fanch shall reasonably
compensate the County or property owner for any damages caused by such trimming, or
shall, at its own cost and expense, reasonably replace all trees or shrubs damaged as a
result of any construction, operation or maintenance of the Cable System.
22.6 County use of poles. Subject to any applicable local, state or federal regulations or
tariffs, the County shall have the right to make additional use, for any public purpose, of any
poles or conduits owned exclusively by or for Fanch in any street or public way; provided that:
a. Such use by the County does not interfere with a current or future use by
Fanch;
b. The County holds Fanch harmless against and from all claims, demands,
costs, or liabilities of every kind and nature whatsoever arising out of such use of said
poles or conduits, including, but not limited to, reasonable attorneys' fees and costs;
and,
c. At Fanch's discretion, the County may be required either to pay a reasonable
rental fee or otherwise reasonably compensate Fanch for the use of such poles,
conduits, or equipment; provided, however, that Fanch agrees that such
compensation or charge shall not exceed those paid by it to public utilities pursuant
to the applicable pole attachment agreement, or other authorization, relating to the
service area, and
d. The County does not utilize Fanch's facilities and equipment for the provision
of services which are competitive to those services provided by Fanch.
22.7 Facilities to be placed underground. In those areas of the service area where all
or any part of the transmission or distribution facilities of the respective public utilities
providing telephone communications and electric services are underground, Fanch likewise
shall construct, operate, and maintain all of its transmission and distribution facilities
underground. In those areas of the service area where the transmission or distribution
facilities of the respective public utilities providing electric services are underground, Fanch
shall place its facilities and equipment underground. Nothing contained in this section shall
require Fanch to construct, operate, and maintain underground any ground-mounted
12
962?c7
appurtenances such as subscriber taps, line extenders, system passive devices (splatters,
directional couplers), amplifiers, power supplies, pedestals , or other related equipment. With
regard to new subdivisions within the service area after the effective date of this franchise,
if all or part of the transmission or distribution facilities of the respective public utilities
providing telephone communications and electric services are placed underground, Fanch
shall then construct, operate, and maintain all of its transmission and distribution facilities
underground. All placement by Fanch of its property underground shall be at the sole cost
and expense of Fanch.
22.8 County's right to inspect. The County shall have the right to inspect all construction
and installation work performed by Fanch pursuant to this Franchise Agreement as it shall
find necessary to ensure compliance by Fanch.
22.9 Construction and maintenance to comply with industry practice. All
construction, installation, and maintenance of the Cable System shall be performed in an
orderly and workmanlike manner and must comply with the National Electrical Safety Code,
the National Electric Code, the Bell System Manual of Construction Procedures, all federal,
state and local regulations, and generally accepted industry practices.
22.10 Compliance with OSHA. Worker facilities, conditions, and procedures shall comply
with the standards of the Occupational Safety and Health Administration.
22.11 Paving to be restored or replaced. Fanch at its own cost and expense and in the
manner approved by the County shall replace and restore all paving, sidewalks, driveways,
or the surface of any street or alley disturbed, in as good a condition as before the work was
commenced. Failure of Fanch to replace or restore such paving, sidewalk, driveway, street
surface, or alley within 48 hours after notification by the County shall entitle the County to
cause the proper restoration to be made at Fanch's expense.
22.12 Fanch to remedy injury or damage. Whenever Fanch shall cause or any person
acting on its behalf shall cause any injury or damage to any private property by or because
of the installation, maintenance or operation of its cable communications facilities, such injury
or damage shall be remedied fully by Fanch at its expense.
22.13 Construction permit required. No installation of any cable communications facility
shall be performed or conducted within any of the streets of the County unless plans therefor
shall have been first submitted to the director of public works of the County and a
construction permit issued therefor.
22.14 Remedies for Failure to complete work. Upon failure of Fanch to commence,
pursue or complete any work required of it by law or by the provisions of this franchise to be
done in any street, the County shall give written notice thereof to Fanch. If Fanch has failed
to remedy the situation within 30 days after receipt of such notice, the County, at its option,
may cause such work to be done and Fanch shall pay to the County the cost thereof in the
itemized amounts reported by the County to Fanch, within 30 days after receipt of such
itemized report.
13
23. INSURANCE PROVISIONS.
23.1 Comprehensive Liability Insurance. Fanch shall at all times during the existence
of this franchise maintain in full force and effect at Fanch's own cost and expense, a
comprehensive liability insurance policy with a company which is licensed to do business in
the state, protecting, indemnifying and defending the County, Board of Commissioners and
any officers, boards, commissions, authorized agents and employees thereof from and
against any and all claims, demands, actions, suits and proceedings by others, against all
liabilities to others, including but not limited to any liability for damages by reason of, or
arising out of, any failure by Fanch to secure consents from the owners, authorized
distributors or licensees of programs to be transmitted or distributed by Fanch, and against
any loss, cost, expense, and damages including reasonable attorneys' fees, arising out of
the exercise or enjoyment of the franchise. Further, the comprehensive liability insurance
policy shall protect, indemnify and defend the County, Board of Commissioners, and any
officers, boards, commissions, authorized agents and employees thereof, from and against
all claims by any person whatsoever for loss or damage for personal injury, death or property
damage occasioned by the operations of Fanch under Fanch's franchise, or alleged to so
have been caused or occurred, with minimum liability limits of$1,000,000 for personal injury
or death to any one person in any one occurrence, and $2,000,000 for personal injury or
death to two or more persons in any one occurrence, and $2,000,000 for damage to property
resulting from any one occurrence. The County shall be named as an additional insured and
will be provided a certificate of insurance evidencing the coverages required herein.
23.2 Other Insurance. Fanch shall also provide Worker's Compensation Insurance as
required by Colorado law.
23.3 Changes in Insurance - Notice to County Required. All insurance coverage shall
provide for at least thirty days' prior written notice to the County Clerk in the event of material
alterations or cancellation of any coverage afforded in the policies, before such alteration or
cancellation becomes effective.
23.4 Insurance - No Limitation of Liability. Fanch's maintenance of insurance policies
required by this franchise shall not be construed to excuse unfaithful performance by Fanch
or to limit the liability of Fanch to the coverage provided in the insurance policies, or
otherwise to limit the County's recourse to any other remedy available at law or in equity.
24. INDEMNIFICATION. To the extent permitted by law, Fanch shall, at its sole cost and
expense, indemnify and hold harmless the County, Board of Commissioners, and any officers,
boards, commissions, authorized agents and employees thereof, at all times and shall pay all
damages and penalties which the County may be legally required to pay as a result of the
construction, operation or maintenance of the Cable System. Such damages and penalties shall
include, without limitation, damages arising out of copyright infringements, and the construction,
erection, operation, maintenance and repair of the Cable System, whether or not any act or omission
complained of is authorized, allowed or prohibited by this franchise. If legal action is filed against
the County, either independently or jointly with Fanch to recover for any claim or damages, Fanch,
upon notice to it by the County, shall defend the County against the action. In the event of a final
judgment being obtained against the County, either independently or jointly with Fanch,.for which
14
962,7x:2
Fanch has indemnified the County, Fanch shall pay the judgment and all costs and hold the County
harmless ' therefrom. Nothing in this franchise shall be interpreted to abridge or otherwise affect the
County's right to intervene or participate in any suit, action or proceeding at the County's expense
involving any provisions of this franchise. Fanch shall pay all expenses incurred by Fanch and the
County in defending with regard to all damages as set forth in this section. These expenses shall
include, without limitation, all out-of-pocket expenses, attorneys' fees, witness and discovery costs
and expenses. Additionally, the reasonable value of any services rendered by the County Attorney
and its office, and any other agents and employees of the County shall also be paid by Fanch if
Fanch requests such services.
25. BOND OR OTHER SURETY. Fanch shall provide the County with a $2,000 performance
bond, pursuant to the requirements of Weld County Ordinance 94, 94-A, and 94-B. The form and
content of the bond shall be subject to the approval of the County.
26. DAMAGES/TERMINATION.
26.1 Notice of Violation. Whenever the County finds that Fanch has allegedly violated
one or more terms, conditions or provisions of this Franchise Agreement, a written notice
shall be given to Fanch by the County. The written notice shall describe in reasonable detail
the alleged violation so as to afford Fanch an opportunity to remedy the violation. Fanch
shall have 30 days subsequent to receipt of the notice in which to correct the violation before
the County may resort to the imposition of damages.
26.2 Remedies. Neither the right to damages nor the payment of damages shall bar or
otherwise limit the right of the County in a proper case to:
a. Obtain judicial enforcement of Fanch's obligations by means of
specific performance, injunctive relief, mandate, or other remedies at law or
in equity; or,
b. Consider any substantial violation as grounds for forfeiture and
termination of the franchise.
26.3 Forfeiture and Termination.
a. In addition to all other rights and powers retained by the County under
this franchise, the County reserves the right to terminate the franchise and all
rights and privileges of Fanch in the event of a substantial breach of its terms
and conditions. A substantial breach by Fanch shall include, but shall not be
limited to, the following:
1) An uncured violation of any material provision of this
franchise or any material rule, order, regulation, or
determination of the County made pursuant thereto;
2) An attempt to evade any material provision of the franchise or
practice any fraud or deceit upon the Cable System subscribers or
15
962.22
upon the County;
3) Fanch abandons the system or terminates the system's operations;
4) Fanch fails to pay the franchise fees in accordance with this
franchise;
5) Failure to restore service after 96 hours of an outage or interrupted
service; except when approval of such outage or interruption is
obtained from the County;
6) Material misrepresentation of facts in the application, proposal or
during the negotiations relating to this franchise;
7) Failure to provide insurance and indemnity as required by the
franchise;
b. None of the foregoing shall constitute a major breach if a violation
occurs which is without fault of Fanch or occurs as a result of circumstances
beyond Fanch's control. Fanch shall not be excused by mere economic
hardship or by nonfeasance or malfeasance of directors, officers, agents, or
employees; provided, however, that damage to equipment causing service
interruptions shall be deemed to be the result of circumstances beyond
Fanch's control if it is caused by sabotage or vandalism or malicious mischief.
Fanch shall bear the burden of proof in establishing the existence of such
conditions.
c. The County shall make a written demand that Fanch comply with any
such provision, rule, order, or determination under or pursuant to the franchise.
If the violation by Fanch continues for a period of 30 days following receipt of
such written demand without written proof that corrective action has been
taken or is being actively and expeditiously pursued, the County may consider
terminating the franchise; provided, however, a written notice thereof shall be
given to Fanch at least 15 days in advance of such termination and Fanch
must be given an opportunity to appear before the Board of Commissioners
to present its arguments.
d . Should the County determine, following the public hearing, that the
violation by Fanch was the fault of Fanch and within Fanch's control, the
County may declare that the franchise be forfeited and terminated; provided,
however, the County may, in its discretion, provide an opportunity for Fanch
to remedy the violation and come into compliance with the franchise so as to
avoid termination. In no event will an election be required to revoke a
franchise.
26.4 Foreclosure. Upon the foreclosure or other judicial sale of all or a substantial part
of the Cable System, Fanch shall notify the County of such fact and such notification or the
16
9622$:2
occurrence of such event shall be treated as a notification that a change in control of the
franchise has taken place and such change in control is subject to the consent of the County.
26.5 Receivership or Bankruptcy. The County shall have the right to cancel this
franchise 120 days after the initiation of bankruptcy proceedings by or against Fanch or the
appointment of a receiver or trustee, to take over and conduct the business of Fanch,
whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless
such bankruptcy, reorganization, receivership, trusteeship or other action or proceeding shall
have been vacated prior to the expiration of said 120 days, or unless:
a. Within 120 days after the election or appointment, such receiver or
trustee shall have fully complied with all of the provisions of the franchise and
remedied any defaults thereunder; and
b. Within 120 days, such receiver or trustee shall have executed an
agreement duly approved by the court having jurisdiction whereby such
receiver or trustee assumes and agrees to be bound by each and every
provision of this franchise.
26.6 Removal of Cable System. At the expiration of the term for which this franchise has
been granted, or upon its termination or revocation as provided herein, Fanch shall forthwith,
upon notice by the County, remove at Fanch's own expense all designated portions of the
Cable System from all streets and public ways within the County, and shall restore said
streets and public ways to their former condition; provided, however, Fanch shall have the
right to sell, at fair market value, its physical plant to a subsequent franchisee, subject to
County approval in which case said plant need not be removed and Fanch shall continue to
operate the Cable System during such interim period prior to the sale. If Fanch fails to
remove or operate its facilities upon request, the County may perform the work at Fanch's
expense. Any property of Fanch remaining in place 180 days after the expiration, termination
or revocation of this franchise shall be considered permanently abandoned and may become
the property of the County at its discretion.
27. TRANSFER OF OWNERSHIP OR CONTROL.
27.1 The Cable System and this franchise shall not be sold, assigned, transferred, leased,
or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale,
merger, consolidation, or mortgaged in any manner, nor shall title thereto, either legal or
equitable, or any right, interest, or property therein pass to or vest in any person or entity,
without the prior consent of the County, which consent shall not be unreasonably withheld.
27.2 The provisions of this section shall apply to the sale or transfer of all or a majority of
Fanch's assets, merger (including any parent and its subsidiary corporation), consolidation,
creation of a subsidiary corporation or sale or transfer of stock in Fanch so as to create a new
controlling interest. The term "controlling interest" as used herein is not limited to majority
stock ownership, but includes actual working control in whatever manner exercised.
a. The parties to the merger, sale or transfer shall make a written request to the
17
9622Y2
County for its approval of a merger, sale or transfer and furnish all information related
to the merger, sale or transfer required by law and the County.
b. Upon receipt of all requested information, the County shall render a final
written decision on the request within 120 days of the request. If the County fails to
render a final decision on the request within 120 days, such request shall be deemed
granted unless the requesting party and the County agree to an extension of time.
c. Within 30 days of any merger, transfer or sale, if approved or deemed granted
by the County, Fanch shall file with the County a copy of a written instrument
evidencing such merger, sale or transfer of ownership or control, or lease, certified
and sworn to as correct by Fanch and the transferee shall file its sworn acceptance
and agreement to abide by each and every provision of this Franchise Agreement.
27.3 In reviewing a request for merger, sale or transfer, the County may inquire into the
legal, technical and financial qualifications of the prospective controlling party or transferee,
and Fanch shall assist the County in so inquiring. The County may condition its consent
upon such terms and conditions as it deems reasonably appropriate; provided, however, the
County shall not unreasonably withhold its approval; and any such terms and conditions so
attached shall be related to the legal, technical, and financial qualifications of the prospective
controlling party or transferee and to the resolution of outstanding and unresolved issues of
noncompliance with the terms and conditions of this franchise by Fanch.
28. COOPERATION. The parties recognize that it is in their mutual best interests for the Cable
System to be operated as efficiently as possible and for the construction of the system to occur in
accordance with the requirements and schedule set forth in this franchise. To achieve this, the
parties agree to cooperate with each other in accordance with the terms and provisions of this
franchise.
29. WAIVER. The failure of the County at any time to require performance by Fanch of any
provision hereof shall in no way affect the right of the County hereafter to enforce the same. Nor
shall the waiver by the County of any breach of any provision hereof be taken or held to be a waiver
of any succeeding breach of such provision, or as a waiver of the provision itself.
30. BOOKS AND RECORDS. Fanch agrees that the County may review such of Fanch's books
and records, during normal business hours and on a nondisruptive basis, as is reasonably necessary
to monitor compliance with the terms hereof. Such records shall include, but shall not be limited to,
any public records required to be kept by Fanch pursuant to the rules and regulations of the FCC.
Copies of all petitions, applications and communications sent to or exchanged between Fanch and
the FCC, Securities and Exchange Commission or any other federal or state regulatory commission
or agency having jurisdiction in respect to any matter affecting Cable System operations, so far as
the same pertains to any aspect of the service or operations of Fanch in the County, shall also be
submitted to the County within 30 days upon request of the County.
31. CUMULATIVE PROVISION. The rights and remedies reserved to the County by this
franchise are cumulative and shall be in addition to and not in derogation of any other rights or
18
9622c2
remedies which the County may have with respect to the subject matter of this franchise, and a
waiver thereof at any time shall have no effect on the enforcement of such rights or remedies at a
future time.
32. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS. Fanch, its contractors,
employees, and agents, shall be familiar with all federal, state and local laws, ordinances, rules and
regulations which in any manner affect those engaged or employed in the company, or the materials
or equipment used in the company, or in any way affect the company, and no plea of
misunderstanding will be considered upon account of the ignorance thereof. Fanch, its contractors,
employees, and agents shall comply with all applicable federal, state, and local laws, rules, and
regulations issued pursuant thereto. Fanch and the County have carefully reviewed this franchise
and believe that all provisions hereof are in full compliance with all local, state, and federal laws and
regulations in effect on the date of execution, including the Cable Acts. Fanch and the County shall
also be entitled to all rights and be bound by all changes in local , state, and federal law which occur
subsequent to the effective date of this Franchise Agreement. Fanch and the County acknowledge
that their rights and obligations under this Franchise Agreement are explicitly subject to all such
changes.
33. NOTICES. Unless expressly otherwise agreed between the parties, every notice or response
required by this Franchise to be served upon the Franchising Authority or the Grantee shall be in
writing, and shall be deemed to have been duly given to the required party five business days after
having been posted in a properly sealed and correctly addressed envelope when hand delivered or
sent by certified or registered mail, postage prepaid.
The notices or responses to the County shall be addressed as follows:
Weld County
Board of County Commissioners
P.O. Box 758
Greeley, Colorado 80632
The notices or responses to Fanch shall be addressed as follows:
General Manager
Intermountain Cable Comm
885 Parfet Street, Unit 2A
Lakewood, Colorado 80215
The County and Fanch may designate such other address or addresses from time to time by giving
written notice to the other.
34. CAPTIONS. The captions to Sections contained herein are intended solely to facilitate the
reading thereof. Such captions shall not affect the meaning or interpretation of the text herein.
35. FORCE MAJEURE. Fanch shall not be held in default with the provisions of the franchise,
nor suffer any enforcement or penalty relating thereto,where such noncompliance or alleged defaults
are caused by reasons of force majeure.
19
9622 :2
36. TIME IS OF THE ESSENCE. Whenever the franchise sets forth any time for any act to be
performed by either of the parties, such time shall be deemed to be of the essence of this franchise.
37. CONSTRUCTION AGREEMENT. This franchise shall be governed, construed, and enforced
in accordance with the laws of the State of Colorado as amended, the Cable Acts as amended, and
any applicable rules, regulations, and orders of the FCC and any other applicable local, state and
federal laws, rules, regulations, legislation, or orders (as such now exist, are later amended or
subsequently adopted).
38. NO JOINT VENTURE. Nothing herein shall be deemed to create a joint venture or principal-
agent relationship between the parties, and neither party is authorized to, nor shall either party act
toward third persons or the public in any manner which would indicate any such relationship with the
other.
39. ENTIRE AGREEMENT. This Franchise Agreement and all attachments represent the entire
understanding and agreement between the parties hereto with respect to the subject matter hereof
and supersede all prior oral negotiations between the parties. This Franchise Agreement can be
amended, supplemented, modified, or changed only by an agreement in writing which makes specific
reference to this franchise or to the appropriate attachment and which is signed on behalf of both
parties.
40. ACTIONS OF COUNTY OR FANCH. If any action by the County or Fanch mandated or
permitted under the terms hereof, it shall act in a reasonable, expeditious, and timely manner.
Furthermore, in any instance where approval or consent is required under the terms hereof, such
approval or consent shall not be unreasonably withheld.
41. SEVERABILITY. If any section, sentence, paragraph, term or provision hereof is determined
to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any state or
federal regulatory authority having jurisdiction thereof, such determination shall have no effect on
the validity of any other section, sentence, paragraph, term, or provision hereof, all of which will
remain in full force and effect for the term of the franchise.
20
962?X2
IN WITNESS WHEREOF, the parties hereto have caused this Franchise Agreement to be above
written. /'
ATTE` BOARD OF COUNTY COMMISSIONERS
I i ait / / �, li ' FOR,WELD COUNTY
7i mss../ i a_/ ( I L;L�.t 1i / w LIC//Le c' \_._.
'-r' Cler1t \ ?1t
/ Chair of the Board of County Com1issioners/.g//8/y—, - Fes:: : Ur ,
ounty Attorney
Accepted By:Ci46Lvlis1G6J of COLOem bpi L ,P.
FANCH COMMUNICATIONS, INC. ATTEST:
dba INTERMOUNTAIN CABLE COMM
BY: W
Title:
riiNc(,a C.A'rs LA" V/it dr. fl Ca IG.-.„tta
Peter Locke
Vice President
21
9622c2
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9622"Z
a
TO: Weld County Board of County Commissioners
FROM: C nd Assistant Weld Count
Y Y Giauque, Y Attorney
Willie DATE: December 10, 1996
RE: Joshua Cablevision/Fanch Communications Franchise
COLORADO Renewal
The public hearing concerning the Joshua Cablevision/Fanch Communications Cable television
Franchise Renewal is currently scheduled for Wednesday, December 11, 1996, following the
regular public meeting. Mike Pfeiler is the Regional Manager for Fanch Cablevision of
Colorado.
The proposed Franchise Agreement that is being presented to the Board for consideration and
approval substantially tracks the Franchise Agreements that have recently been approved for TCI
and Scripps Howard, with provisions added to recognize that Fanch does not currently have
some of the technical capabilities that TCI and Scripps Howard have available. The following
are major points that may be addressed concerning the proposed Agreement:
1. Joshua Cablevision plans to transfer the cablevision company to Fanch on or before
December 31, 1996. Fanch has always owned an interest in Joshua, and now Fanch intends to
purchase Joshua. Fanch appears as the franchise renewal applicant. The Franchise Agreement
should therefore become effective January 1, 1997.
2. Fanch does not have a public access studio or facilities that could be made
available to Weld County subscribers. We have added a provision that if, in the future, Fanch
does have such public access studios or facilities, then the studios or facilities shall be made
available to Weld County subscribers. (p.5, para 10.2)
3. The service area is set up to include areas with a density of at least 50 dwelling
units per lineal cable mile, until such time that Fanch has a subscriber base of at least 150 in the
county, at which time the service area will include areas with a density of at least 25 dwelling
units per lineal cable mile. (p.5, para 9)
4. Fanch is currently not addressable, which means it currently does not have the
ability to direct and receive communications only at reception points on the system authorized to
receive such communications. There is a provision that if Fanch's cable system becomes
addressable, it will comply with the standards required by the other franchise agreements. (p.6,
para 12.2)
5. Fanch currently does not have standby power. If standby power should become
962262
e2ieMq/
economically feasible for Fanch in the future, there is a provision that Fanch will comply with
the same standards required by the other franchise agreements. (P.6, para 12.4)
6. In the event of an emergency or disaster, Fanch has agreed to make available its
facilities and personnel to the County to provide emergency information and instructions,
pursuant to FCC requirements and regulations. The provision in previous franchise agreements
for capability to transmit emergency alert signals using an audio and visual override, provided
such equipment is available technologically, was deleted in this agreement. (p.7, para 15.1)
7. The County set the performance bond at $2,000, in compliance with the Weld
County Ordinance 94, 94-A, and 94-B. That provision is at p. 15, para 25.
8. P.17, para 26.6 provides that at the expiration of the franchise, Fanch shall remove
the designated portions of the cable system at Fanch's expense from the County right of way.
Fanch also has the right to sell its physical plant at fair market value to a subsequent franchisee,
subject to County approval, in which case said plant need not be removed and Fanch shall
continue to operate the Cable System during such interim period prior to sale.
9. The term of the franchise agreement is for 15 years from the effective date.
A copy of the proposed Franchise Agreement is attached for your information.
962?c-2
NOTICE
DOCKET NO. 96-61
Pursuant to Weld County Ordinance No. 94, No. 94-A, and No. 94-B, a public hearing will be held
in the Chambers of the Board of County Commissioners of Weld County, Colorado, in the First
Floor Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the
time indicated below, for consideration of granting a franchise renewal to Joshua Cablevision, doing
business as Intermountain Cable Comm, including non-exclusive rights to further construct or
update a cable television system along the streets, alleys, and public ways of the County.
Renewal application materials may be examined in the office of the Clerk to the Board of County
Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor,
Greeley, Colorado.
Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or fax
(970) 352-0242 prior to the day of the hearing so that reasonable accommodations can be made
if, in accordance with the Americans with Disabilities Act, you require special accommodations in
order to participate in this hearing as a result of a disability.
DATE: December 11, 1996
TIME: 9:00 a.m.
REQUEST: Cable Television Franchise Renewal
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: SHELLY K. MILLER
DEPUTY CLERK TO THE BOARD
DATED: November 18, 1996
PUBLISHED: November 21, 1996, in the South Weld Sun
9622c2
NOTICE
DOCKET NO.9641
Pursuant to Weld County Ordnance No.04,Na.94-A.and No.04-B.a Ptblk hearing will be hold in tl.Chambers at the Board
d County Commission's,of Wok County,Colorado,in the FM Floor Heating Roan,Weld Courtly Centennial Center,91510th
Wrest,Grytey,Colorado,at the time indicated below,for consideration of granting a Irandtin renewal to Joshua CaWaie on,
doing Maeltwe se Intermountain Cable Comm.Including non-exclusive rights to further construct or updates cable television
system slag the streets,Mays,and public ways retie County.
Rental application',atonal*may be examined in the attics of the Clerk to the Board of County Commissioned,boated in tit
Weld County.Centennial Center.916 10th Street.Third Floor,Greeley,Colorado.
Pry Coded the Clerk to the Board's Ott Ice at phone(970)358400,Extension 4225,or fax(970)352-0242 prior to the day
d the hearing so that reasonable accommodations an be made in y e result d with
the
Am Ana wah OisWilaies Ad,you
swim special accommodations In order to participate In this hearing
DATE: December 11,1906
TIME: 9:00 am.
REQUEST: Cable Television Franbhsa Renewal
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY.COLORADO
•
BY: DONALD D.WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: SHELLY K.MILLER
DEPUTY CLERK TO THE BOARD
DATED: November 18,1998
PUBLISHED: November 21,1996,in the South Weld Sun
9627 2
STATE OF COLORADO )
)s.s.
COUNTY OF WELD
Ruth Pelton-Roby, as manager of
Pelton Publishing Company LLC, being
duly sworn, states that it is
publisher of the South Weld Sun, a weekly
newspaper published in Reenesburg in
said County and State; that said
newspaper has a general circulation
in said County and has been
continuously and uninterruptedly
published therein, during a period
of at least fifty-two consecutive
weeks prior to the first publication
of the annexed notice; that said
newspaper is a newspaper within the
meaning of the act of the General
Assembly of the State of Colorado,
entitled "An Act to regulate the
printing of legal notices and
advertisements, " and amendments
thereto; that the notice of which
the annexed is a printed copy taken
from said newspaper, was published
in said newspaper, and in the
regular and entire issue of every
number thereof, once a week for
I successive weeks; that said
notice was so published in said
newspaper proper and not in any
supplement thereof, and that the
first publication of said notice
as aforesaid, was on the �T day
of \ •c , 1996, and the last
on the 1,1 day of I\'RU 1996.
PELTO PUBLIrING COMPANY LLC
BY C •
Ruth Pelton-Roby, Manager
Subscribed and sworn to before
me this o,74day of /1,6-O,-,4_,-L , 1996.
•�" L 06,
:,
A(i • �N�:.... O s,
Notary Public
• a
.sue
FAY Commission�fres March 15, 7.0t tot. Ps G :'O
p,s
o r
11D 1111.,;A UAA'
9622r...2,
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