129ORDINfu~CE NO.

AN OP-DINANCE GRMITING A FRAtICHISE CONCERl'iIr-IG THE ESTABLISillcIENT,CONSTRUCTION, OPERATIOrJ Ai'll z.!AINTENAl~CE OF A CABLE TELEVISION

SYSTErvi IN nIE VICINITY OF THE CITIES OF CIW-IPAIGNAl.ffi URB1\NA I!J TilE COUNTY OF CIW.IPAIGN, ILLINOIS

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l,,1IEP..EAS, it is desirable and in the best interests of the People

of the County of Champaign to franchise cable television systems within

the unincorporated areas of the County of Champaign; and

vlliEP..EAS, a cable television system has been established in the

Cities of Champaign and Urbana which may be extended into the to~roships

adjacent to the Cities and serve residents in the unincorporated areas

of the County of Champaign; and

~\'HEP.EAS, Illinois Revised Statutes, chapter 34. paragraph 429.24

provides that counties "may license, tax, or franchise the business of

operating a community antenna television system!'.

NO~l) THEREFORE, BE IT A.t-ID IT IS HEREBY ORDAItTED by the County

Board of the County of Champaign, Illinois, that the Cable Television

Franchise Ordinance for the vicinity of the Cities of Champaign and

Urbana shall be as follo~"s:

SECTION 1: SHORT TITLE. This Ordinance may be cited as the

"Cable e.levision Franchise Ordinance for the Vicinity of the Cities

of Champaign and Urbana'

SECTION 2:

DEFINITIONS.

The '~ords and phrases defined in this

Section shall have the meanings ascribed to them as follo,~s:

(a) !'Basic Cable" means all channels, signals, and servicesprovided to subscribers from the system, except PremiumProgramming and fl1 services.

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129ORDltJP.IJCE NO. P l\GE 2

f1Channel" means a frequency in the electroJ:lagneticspectrum capable of clearly and effectively carryingan audio-data or an audio-visual television signal,and as de(ined by the FCC Rules and Regulations.

"Cmnpany" means Champaign-Urbana CoIr~unicationsIncorporated a business incorporated under thela..-:s of the S ta te of .

"Converter" means an electronic device 1vhich convertssignals to a frequency not susceptible to interferencewithin a fully functional television receiver ofsubscriber by an appropriate channel selector toall signals referred to under this Ordinance.

(e) "County'! .r:leans the County of Cl1ampaign of the '::;tateof Illinois.

(f) 1!~ Cc't ' F d 1 C . t . C i .J; llieans tue e era OliJInUnJ.ca :l.ons 011'I:l ssJ.on)established by the Cor;lTl1unications ,:.ct of 1934; asanlended~ and shall include any successor agency orother agency with respect to the feC::eral regulationsand licensing in conn~ction ..lith tile subject lliatterof this Ordinance.

(g) "Fi'f Services" means broadcast of audio signals onlyon a broad band standard E1 frequency.

(h) "Grant" means the license, privilege and franchiseprovided in Subsection (a) of Section 3 of tllisOrdinance.

!'Gross P.evenue'" llieans the revenues derived by theCOI!lpany from all services generated by the SysteI;lFaccilities or from the use of the System Facilities,including, but not" limited to, data transmission.alart1 or signal transmission, advertising revenue.charges to subscribers for Basic Cable, PremiumPrograI:1ming, f}1 Services. and any i\nd all revenuesreceived from any services whatsoever for use ofthe Syst.eu Facilities for the transmission of electronicor microwave iDpulses. Ho\vever, gross revenues shallinclude only such revenues as are derived fromservices in the unincorporated areas of the Countyof Champaign and/or revenue for services renderedto subscribers or advertisers located in the unin-corporated areas of the County of Chan'lpaign whetheror not the revenue 1S paid from a source in the

unincorporated areas of the County of Champaign.

"Market Penetration11 means the actual number of sub-scribers to the System for a given geographic regionwithin the franchise area, expressed as a percentageof the total number of potential subscribers withinthat area..

OP,.DINAl'ICE NO. 129 PAGE 3

"}1.oni toring'! means observins a communication signal,or the absence of a signal, where the observer isnei ther the subscriber nor the programmer, ~'lhe therthe signal is observed by visual or electronic means,for any purpose, ~.,hatsoever; provided, l1o\lever,"monitoring" shall not include the systeI':'.-wide, non-individually addressed sweeps of the cable systeI;'; forthe purposes of verifying syster:t integrity, controllingreturn passed transmission, or billing for pay services.

'IP~rson'r means any individual, firI:t, partnership, limitedpartnership, association, corporation, company, ororganization of any kind.

"Potential Subscribers" means those persons within orwithout the current jurisdiction of the Grant of franchise\"ho are not subscribers.

(n) !'Premium Programming" tlleanS any programming, includingbut not limited to, movies, concerts, variety acts,sporting events and the like for 'vhich an additionalcharge is made.

"Public Right-of-Way!! means all sidewalks, streets andalleys in the County which are dedicated to the Countyfor street, highway, sidewalk, lighting, drainage,utility, or cable television purposes, and all publicways and places contiguous thereto.

(p) !'Subscriber'! means any person receiving service from orusing the system under the Grant pursuant to thisOrdinance.

I!System'l means "coI:U11unity antenna television systemH asdefined in Paragraph 429.24 of Chapter 34 of the IllinoisRevised Statutes, and as amended from time to tiIjle..

"System Facilities" means a system composed of, without

limitation, antenna, cables, wires, lines, towers,amplifiers, conductors, converters, hubs, head-end,studios, production facilities (both moble and fixed),equipment or facilities, designed, constructed or wiredfor the purpose of producing, receiving, aI:".plifyingand/or distributing by coaxial cable, fiber optics,microwave or other means, audio and/or visual radio,television, electronic or electrical sig~als to and/orfrom subscribers.

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OP..DIl:tJJCE IJO. 129 , PAGE 4

sr;CTIOt~ 3: GIW!T OF F!',AJ~CHIST~.

{a) The County, to the full extent that it i7lay do so, hereby

andgran ts to the Corr,pany, in accordance 'vi th the. terii,s coDclitions

provisions of this Ordinance, the ribht, privilege and franchise: to

establish. construct. operate and waintain the :'::ystew, ancl .'::yster:

I'acilitics in

upon,

over, and under the public right-of-way and \'lithi

easer"ents or other rights to use property which are effective for

purposes of the Grant; to extend the SysteLl in the cities of Urbarla an~

Cha.--::paign and offer the services of the SysteJ:'. to all potential sub-

scribers tnthin the ullincorporatecl areas vf the township sections indicated

in I:~~hibit ..\ attached hereto, and in no otI1ers; to acquire by lease

license,

purchase or other right to use equipt..ent~ facilities and iRprove-

r.ents,

and land constituting all or part of the System Facilities, to

connect subscribers to the Syster:l; and to repair, replace, enlarge

extend the Syster,) and System Facilities vnthin the unincorporated areas

of. the to,:;nship sections indicated in Exhibit t\

The term of the Grant shall be conterminous with the Cable(b)

Television Franchise granted the Company by the City of Chronpaign for

the City of Champaign by Ordinance No. 1183.

(c) The County Day make theThe Grant shall not be exclusive.

same grant or a different grant to the Co~pany or to any other person

during the term of the grant

129ORDIt{JlJ:TCE NO. P .\GE 5

SECTION 4: JURISDICTIO~~ OF GRMIT OF FP",,\;"'1CHISE

(a) The grant shall not apply within the corporate limits of any

city, village or incorporated town. If an area subject to this Grant

is annexed to a w.unicipality, this grant and franchise and all the

conditions thereof shall rer.:ain in effect in such annexed. areas as

lon3 as Illinois la~v shall permit

(b) The Company sh211 be required to e::tend the systeni to and

offer t¥ services of the System to all potential subscribers ;.]ithin

the urincorporated area of the to',,'Ilship sections identified in Exhibi t !\

to this Ordinance where there are at least a total of forty (/;0)

resi(~eT1ti..:11 dwellin.::: units and commercial or industrial structures

per line mile. Ho\"ever, the Conpany shall T'.ot be required to extend

this system to or offer to serve potential subscribers who arenore

than one (1) mile froPl the nearest cable, line, hookup or other

component of the system unless the potential subscriber is on a line

I1lile ,--'here there are at least eighty (SO) residential units and comL:crical

or incus trial structures per line r:iile. The Conpany shall also be

required to e~{tenu the Syste.;, to and offer to serve all potential

su::Jscribers ~iJitliin six hundreu sixty (560) feet or any cable line

or other COfJpOnent of the system whether the CoII:ponent be located

in an incorporated or unincorporated area of tl.e County of Champaigl.

11.1 no case shall the Cor:pany e2;:tend the syster: to or offer to serve a

pot'~l1tial subscriber ~.,ho is too far frof:l the systell( for the Company to

l:,aint;:.in for such subs criDer the l:liniJ::u;:1 technical quali ty ~ channels andlor

progra:+:-ffilin::; requireC: under ~:ection 9, 10, [, 11 of this Orcinanc~.

:Tot':'iithstandin; the grant, the Cor.-.pany shall obtain all(c)

necessary federal, state, and local governrllent permits, licenses, and

other required authorizations in connection 'nth the establish!!'.ent, .construction) operation) and maintenance of the SysteLl and Systerl'

":!cilities.

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ORDn:J/I.l~CE JiO. PA(;E 6

(d) The Con:pany !Jay extend the systerl and offer services to

potential subscribers ,:rithin any city, village, or incorporated to~m

where the Company is authorized to do so by the appropriate municipal

authorities and ",here such extension will not difuinish the technical

quality or capacity of the system in its service to subscribers and

potential subscribers in the unincorporated areas of the County of

ChaI:!paign.

(e) \fuere the densi ty of residential d~"elling and occupied

comx::.e]'.'cial or industrial structures, adverse terrain, distance from

the existing system or other factors render extension of the systeJrl

and offi;;!r of services iii/practical or technically not feasible or

creates an econondc 11ardship, the County .board; Day, upon petition

of the Company eitller \-laive the extension of the System into such areas

or allow the extension and offer of services on such special ten!1S,.conditions and provisions as are reasonable and fair to the County,

the Company, and potential subscribers in such areas.

SECTION 5: P..ATES.

The, CoL,pany shall charge subscribers for the connection of Syster:

services and the provision of System services "to subscribers in

accordance. \\Tith the following schedule, e~c:ept as provided in Section

26:

~TE SCIIEDULE

(a) Connection Charges:

(i) There shall be no charge for the connection of basiccable ",ithin six (6) months of the effective date of thegrant or within forty-five (4).) days of the availability(including offer) of actual connection of such servLce tosubscribers, "lhLchever is later in tiIi'e; and

(ii) After the time defined in (i) for basic cable andwith respect to other services of the System:

ORDINANCE NO. m PAGE 7

Basic Outlet1,Z. Z. $ 25.00Additional Outlets(at same time) 7.50Additional Outlets(at later time). 10.00Relocate Outlet! 2 10.00FM Only Outlet.' .2 25.00FM Outlet(addit10nal) 7.50Reconnect Outlet(same.address and same subscriber)

10. 00Commercial Connections(may include hotels, motels,condominiums, mobile home parks, hospitals, and Not to exceedapartments) comparable non-

~ '.' commercial rates,and must be uni-

" " " form and non-"" ". " " " ..d1scr imina tory

(b) Monthly Service Charge:

Primary Basic Service Outlet. Each Additional Outlet. FM Only Outlet. FM Outlet(additioual). Commercial Outlet. ,. 8.003.007.503.00

Not to exceedcomparable non-commercial rates,and must be uni-from and non-discriminatory

(c) Other Charges:

Converter Deposit. Delinquent Account door collection charge. ..

(delinquent accounts collected at the door)

Interest as provided in Section 7(b) may be

assessed in addition to the $5.00 delinquent

account door collection charge if the account

has been delinquent more than one (1) month.

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1 -In those cases where the subscriber wants underground routing (where theCompany is not required to provide it), and where the subscriber wants un-usual or special routing or connection, the Company will provide this tothe subscriber, at Company's cost, less overhead and markup.

2 -There will be no installation charge if the subscriber subscribes withinforty-five (45) days of the offer of CATV service. In those cases wherethe connection charge is based upon the Company's actual installation cost,rather than the schedule of connection charges, then the normal connectioncharge which is being waived will be credited to the subscriber.

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129ORDIN1..}iCE NO. r l\CI: 8

Unless authorized by the County Board, the Cor-,pany shall not

offer or provide (and shall not charge for) Syste;n services other than

those specifically referenced in this Section.

The rate schedule shall reBain in effect until the Champaign

County Board shall othenlise provide. The company may not increase any

charge or establish a ne\o] charge for any service unless authorized by the

Champaign County Eo~rd

(f) All charges for services in connection with the grant shall be

uniforn1, reasonably compensatory, and non-discriminatory; however, the

Company may ~lith prior approval of the County Board, provide for a pro-

t!1otional rate for a specified period of tine which I:lay be less than the

regular rate.

(g) '\~enever a subscriber receives less than seventy percent (70i~)

of the services required of the System (measured as a percentage of the.

total number of required channels) for any reason whatsoever for more than

t'venty-four (24) hours in any seven-day period, the subscriber's monthly

service charge shall abate p-'o rata (including time and percentage of

channels do",n)

SECTIO!~ 6: RATE PAYI-II;NT.

(a) Unless the Company provides a longer time, subscribers shall

p~y connection charges to the Company \~i thin thirty (30) days o£ the

day on \ilhich the-Company made the particular connection.

(b) Unless the Company provides a longer time, subscribers shall

pay monthly charges for system services on or before the tenth (10th)

day of the month following the Irlonth in 'iJhich the Company provided the

particular services

129ORDINAliCE NO. PAGE 9

SECTION 7: FRk~CHISE FEE

(a) The Company shall pay to the County for the right~ privilege

and franchise in connection 'vi th the grant, an amount equal to three

percent (3%) of the gross revenues for the quarter year (or in the

case of the first quarter yearly payment, part of 'a quarter year as the

case may be), preceding January 1, ,\pril 1, July 1, and September of

each year in this term, such payment to be payable to the County

on or before the fifteenth (l5th) day of tIle: I:lonth following the end

of the quarter. Each payment shall be accompanied by a statement under

oath from an official or representative of the Company having the

requisite knowledge to make such a statement certifying the gross

revenues upon which the payment is based. The County reserves the

right at any time to increase or decrease this percentage in cox:,pliance

~]ith applicable la~v. The Co~pany may~ on the effective date of any such

increase or decrease, increase or decrease its monthly charges for

System services by the amount of such increase or decrease.

Delinquent franchise payments shall bear interest at the

rate of one percent (1%) per month with the minimum delinquency being

of one (1) month interest charge

Within ninety (90) days of the end of each fiscal year of

the Company, the COl:lpany shall file ~vith the Champaign County Clerk

an annual report prepared, certified and audited by an independent

certified public accountant, to be selected by the Company and approved

by the Champaign County Cable Television Cor:r:.ittee, sho'Clin{; the

financial status of the Co~.pany, and gross revenues of the Company

fror, the System for the report period. The Champaign County Cable

Television Cotr',rr.ittee nay frorcl tine to tir.le specify the format and

inforII'ation required of the independent auditor.

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ill

4-"..i~..,",,-.. ..

l:por: to: tile g1'ul~t i.lt t;1e e:\'.) .t 1'-' --1' 0 T" o,t..a L ... iratiol-j. of tile ter..

.,prOV1Ue 1 "_,

L. ectio] ) orot:1Cr ise) t:ie Col"pany sllGll. continue t,

lal~t the quarter t;1e annuale.rcrly state:.ents anll certifications ar.L

reports ClS pl-ovilled.ii: this Section unti.l such tiT:1E;. as all pa)TL;.ents

due the County bnLer tllis Ordinance have been paid and accounte<:: for to

tI,e reasonable ~atisfaction of the County.

.-

(e) !he County reserves t11e right to raise the franchise fee, or

1 '.J. .~! , .r "c.larf;e <1Qu1t1onal ~4es, 1£ tIle sa;-;,e shall be la\'Jrully per.,,:!. tte<.1.

[ECT!ON S ~rit op..,s"~-r cW

(a) f\.11 financial records of the Co,;pany in connection ,lith the

grant ana. this Ordinance shall be accountet:: for as thouzl1 tl-:e. Systel:, t,:re:

an enterprise fund ~;ithin the County's operations

(b) TIle Count* shall have the right, upon reasonable notice to thE

C 017!p any and at reasonable til:::es, hours and dates to insepct all or

any part of the Cc:,'pany f s records and documents, planninL records and

documents, and engineerins records and documents of every kind in

connection \vith the 6rant, the SysteTl1) the Syster.1 facilities, and the

Company's undertakings '~ith respect to this Ordinance

(c) The CO1:Jpany shall siI:lultaneously file vJith the Champaign

County Clerlz a copy of all petitions, applications, and_communications

filed or ~ubr.:itted by the Company v7ith any governrJental entity

or agency having jurisdiction \vith respect to any tr,atter affecting the

facil.i ties, or the COf:lpany' 5 undertakings \'1i th respectSysteJ:l, Sys te1

to this Ordina~ce

Cd) .\t least ten (10) days prior to construction of any part

of the Syster., ot: Systen facilities in public right~of-\-]ay, the CCTJpany

shall file with thg Chatlpaign County Clerk V,,10 (2) copies of maps,

plats, or other drat,rlnt;s v7hich accurately show the nature of

ORDIN/IliCE NO. 129 PAGE 11

proposed construction or improvements. Such copies shall show all

existing public or private'improvements. Upon completion of such

construction, the Company shall submit ''as built" plans ~vhich also

show existing public or private improvements

The Company shall file with the Champaign Co.unty Clerk

a current list of its owners, part.ners, bo~h general and limit~d;

and officers~ together with a list of shareholders having five percent

(5%) or more of the stoclc~if the Company is a corporation. The

shareholder lists shall state the percentag~ of ownership and

identify any shareholder who has title to one or more shares on

behalf of another. Such other party shall also be identified

The Company shall file with the Champaign County Clerk

copies of all rules, regulations, terms and conditions established or

imposed by the Company in connection with the establishment, construction,

operation and maintenance of the System.

SECTION 9: GENERAL SYSTE~l STMrnA,.~S.

The Company shall establish, construct, operate and maintain

th~ System in accordance with the highest standards and code of con-

duct with respect to businesses of size and type like that of the Company

The Company, through the Systetrc, shall provide effective and

efficient service in accordance ~'1ith the rules and regulations of all

governmental units and agencies having regulatory and licensing authority

in connection with the SysteI:1.

The Company through the System shall provide uniform, strong

signals -:-rhich are free from distortion and interference

(d) The Company shall not interrupt all or any part of the services

of the Systen in the absence of absolute need or emergency circumstances..

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OP,DD~NJCE 1::0. 129 PAGE 12

The Company shall establisht constructt operate and maintain

the System, including SysteI:l facilities, so as to, at all times, tleet

Tainimun', FCC technical standards, including \-Ji thout lilni ta tion,

specffications for frequency boundaries, visual carriers, frequency

levels, aural carrier frequency levels, channel frequency response,

terI;1inal isolation and radiation

(f) The Co::-.pany shall establish, construct, operate, and main-

tain the Syster,l in accordance \'lith all applicable national, state, and

local building and safety codes. In the absence of any othenvise

applicable building and safety code, the Company shall establish,

construct~ operate and maintain~ the SysteD'. in accordance "lith the

most recent edition of the l~ational Electrical Safety Code and the

l~ational Electrical Code.

l'!ithout limiting the provisions of this Ordinance, the

Compan~ sha.ll establish~ construct~ operate and maintain the System

in accordance ~.,ith Contracts in vlriting approved by the Champaign

County Cable Television CoIiUTlittee and the County Board. The Contract,

or any modifications thereof, shall be approved by the Champaign

County Board, by resolution, ~.lith a copy of the contract att~ched

The System shall be designed) established, constructed,

operated and maintained for 24-hour-a-day continuous operation

The System shall produce for receipt on subscribers'

receivers if same are in good \-;7orking order, either monochrome or

color pictures (providing the receiver is color capable) that are

free from any significant interference,distortion, or ghosting ",hich

would c8.~se any n1aterial degradation of video or audio quality

(j) The System sha11 be capable of providing emergency override

alerts ,...hereby the County or other governmental units or agencies

designated by the County may be able to issue a bulletin on all channels

Si111ultaneo1,1s1y.

a RD It:J.l~CE tia. m PAGE 13

In connection ~vith the System the Co!:lpany shall only employ

personnel \'lith necessary and sufficient sl\:ills and experience or

training as such shall relate to their respective jobs and positions.

(1) The Company shall not be liable for interruptions in

service caused by s tril~es, ~var, ci viI co~~otion, &\c ts of God, and

other causes beyond the control of the Company~ except~the Coxr_pany

shall abate its service charges as provided in Section 5(g) o£ this

Ordinance.

SECTIOIT 10: SPECIAL TECil!:;ICAL SL~IDAP.:DS

In addition to the requirements stated in Section 9 of this

Ordinance the Co~pany shall ~aintain the follotving minimum systeu

parameters for so far out into the unincorporated areas of the County

of Chaw.paign from the cities of Champaign and Urbana as is technically

feasible, and in conformance ~vith FCC ~inimum standards at the time

the Systel:I is installed. The Company shall not install. any portion

of the System ,;;rhich ,.Jill comply only with the minimu.'U FCC standards and

not vlith the minimum standards otherwise provided in Section 10 of

this Ordinance, until such has been approved by the County Board.

The Company shall provide full and complete details and maps, to be

attached to the resolution, indicating ~vhere the mini~-um standards

set forth in Section 10 will be maintained and ~,]here th~ FCC rinimulll

standards ~"ill be r:laintained and ~.]here each of the t~'10 services end

and begin. The Company shall also detail \~hich standards set forth

in Section 10 of this Ordinance ,;"ill not be for subscribers in

areas where the Company proposes to meet only the FCC minimum

standards.

The Company shall install the System and provide such

services and meet such standards in the franchise area where it

has applied for permission to meet the minimum FCC standards as

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129OnnT"""-" cr " 0' tUJ ,,;:. .,Pi\GE ltT

the CQr;nnittee shall determine technically feasible.

The

CoIr:r:;ittee

shall require the Con,-pany to provide the L1axitJum services and to

satisfy as many of the standards stated in Section If) of this Ordinance

as is Pract~cable in areas \olhere the Corlpany is unable to satisfy

the standards stated in Section 10 of this Ordinance

Sound signals ,.nll be carried approxirlately 12 db belo,.;'

th~ir

associated visual signals. Head-end equipnentwill be of solid

~fod1)la tors will 1:state design and vnll be of the heterodyning type.

cl-lo s en "t-Jhich provide high quali ty color or monochrome si£;nals wi to the

lo~,Test possible differential gain and differential phase distortions

available at the tir:!e of system construction. Eead-end electronics

shall have a return loss of _~b~n. Every attempt \lill be ~ade to

control adjacent channel and co-channel interference to as 10"7 a

level as technology per~its.

(c) The coaJ::ial cable used in the system shall perform equal.

to or better than solid aluminum sheath, ez:panded polyethylene dielectric

for the trunk, sub-trunk and distribution systems. For super-trunking

applications,

solid aluminum sheath '-lith cellular polYb..:yrene dielectric or air

dielectric cable will be used. Return loss will be 30 db r:lin. for

500'" or larger cables and will be ~6 ~b. Dlin. for .41211 cable

.\11 cable will ~e frequency swept from .10 MHZ to 260 tfi-!Z, both before

and after installation, to insure uniform characteristics over this

ran.ge.

.\1J. trunl~ and distribution amplifiers "-Till be required to

have. a response flatness in the 50 to 260 }lIIZ of + .25 db. I~eturn loss

on all inputs and outputs shall be specified as l~db flli? The ar:!plifiers

will be modular in d~sign and ,.:rill allovl for two-way operation of the

AGC ,nllbe used extensively to maintain systeI:'. levels.hIca,e system.

129ORDINMiCE riO.PAGE 15

All passive devices shall operate over the range 1.0 to 260 lllIZ with

a return loss of 16 db min.

(e) All subscriber house drop material shall be chosen so as

to provide consistently high ~uality, noise free pictures to each

set at the subscriber's location. Bandpass of Co~panyts supplied

subscriber's equipment shall be 10 to 260 MHZ with a return loss of

)_6 db min. All subscriber's house drops will be grounded accordLng

to applicable regulations.

All system power supplies will be insta.11ed in compliance

with applicable codes. These supplies will be of the regulated type

and ~lil1 be self-contained in their o~m weather-proof housings.

(8) The Company's supplied subscriber's 75 ohm to 300 ohm matching

transformer shall have a maximum insertion loss of~ and shall provide

600 volt isolation and a high degree of off-air signal.rejection

AIO to 30 ~.n[Z return spectrul!l shall be available from apy

~oint in theplant~~d not just on the trunk syste~.

Company' s CATV Sys tern ~vill provide for transmission of all VliF

and FI-! signals. UI!F stations which will be carried on the System wili

be converted to VHF channel frequencies.

The Company's system ~.]ill be designed and rated for 24-hour-

a-day continuous operation.

The Company's syste~ will produce either monochrome or color

pictures on subscriber's receivers (provided that the receiver is

color capable) that arc free frOI:l any significant amount of distortion

or ghostint; which ",ould cause any naterial degradation of color fidelity

and intelligence

(1) The CctJI:lpany's CATV Systei1 will provide a signal level of

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129oPJ)n~l"1~CE :l'!C. PAGE 16

2,000 microvolts, \-1hich equals +6dBmV measured at 75 ohrls impedance

at the input to th~natchin.; transformer at the terr,inals of the

subscriber's T'l receiver. ':::his is equivalent to 4 ,000 r.~icrovolts

at the 300 ohn input terminal of the TV receiver. The Daxilr,um

signal level 'viII be +J.2dBrnV The maxiT:1u!'l variation in level betvleen

adjacent channels ~vill be 3 db~ The naXiI:lUm variation in level

beaJeen any two channels will be 6 db

(m) Company's Cli.TV System carrier to noise ratio ~Jill not be

less than 43 db t:leasured in accordance \vith l~CT~\ Standard 0O5~OO69.

(n) The hum li~odulation of the picture 'vill be less than two

percent (2/~).

(0) The Cor;;.pany's CATV Systeru will use ColTlponents having

VS1J? of 1.33.1 or 1!e.ss, or 16 db return loss.

(p) The Cor;;pany \,!ill provide a Liulti-channel systeL: having

not le&s than t\venty-seven (27) television channels. The system

will be capable of being increased or E?J{panded in channel capacity.

(q) Cross modulation ratio 'viII beCross Uodulation Ratio:

maintained at least ~ belo~v the desired signal carrier level at

any subscriber's service terminals

(r)

p d. t . L.. t~',a :La 10n lr~ s: Sytem radiation \vill meet the requireL1ents

of the ap:plicable standards of the Federal Con-:munications Commission,

Paragraph 76.605(a){12), ~~hether or not such standards are mandated

by the FCC

(8)

Differential

Gain: Differential gain will be no greater

than +2db

TtT Differential phase 'iJill be no greaterDifferential Phase:

than .":!:3 degrees.

ORDINAI:1CE NO. 129 PAGE 17

(u) Automatic Gain Control (AGC): AGC will be used at least at

every second anplifer location

(v) Line Extenders: No more than !!::!E.. line extenders will be

cascaded.

(w)

Ghosting:

The system will conform to, as a minimum, P. ~1ertzts

'perceptibility of ghosts'! curve as published in an article entitled

"Influence of Echoes on TV Transtussion ", ~fay, 1953, Journal of SMPTE

(x) Subscriber Outlets: Subscriber outlets ~"il1 be of the

directional outlet variety and ~vill provide at least ~ of outlet-

to-outlet isolation.

(y) Cable Return Loss: All coaxial c.1.ble used in the construction

of the Company's CATV System will be purchased and installed according

to the follo~.]ing requirements:

Cables of .500 ff

of 30 db min.size or larger~'lill have a return loss

(2) Cables of .412"of 26 db min.

size or smaller vlill have a return loss

(z) RFI Security: COI:1pany t s CATV Sys tern ",ill be builtin such a

way as to insure that all external signals radiating into the syster;l

in the 10 to 30 rlliZ region ~lill be maintained at least ~~ below the

desired visual carriers transmitted in the 10 to 30 ~nIZ return path.

(aa) Frequency Tolerances: The frequency tolerance of the visual

carrier as F:.easured at the head-end ,fill be 1.25 :.1UZ i. 24 !-:IfZ above the

loo;-;er boundary of tl\e cable television channe1, and ~ifill be 1. 25 ~mz

~ 250 };nz above the lo':ver channel boundary at the out-put of the subscriber's

converter. (Federal Co!:"J!1unic~tions Comr:lission, Paragraph 76.605(2». The

frequency tolerance of the aural carrier will be 4.5 I.mz :!:. 1 1'-1';:2 above

the 'jisual carrier. (Federal Communications Col:",:lission, Paragraph 7(; .605(3».

.

3 PAGE

1'J

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203 PAGE5JOK

O'"n Il -A' ' C,. " 01:,"" 'i£,,;,\ b 129-co' ,P.\Cl.: 18

Channel Frequency I{esponse: The channel frequency response

shall be within a range of:t. 2 db for all frequencies \Jithin -1

and +4 :n~z of the visual carrier frequency, (Federal Cor,J..iunications

CO1.:u:1ission, Para!;Taph 76.605(a) (8».

The systel:: inteu.odulation ratioInte1.",oQula tion r..a tic ;

will be a minimum of 46 db. (Federal Communications Con~ission,

Paragraph 76.605(a) (10»).

SECTIO1~ 11: SERVICES TO BE PROVIDED IIY CO:1PAlN.

(a) The Co1:'.pany shall provide cable television services \vhich are

iden tical to those services vlhich the Cot:1pany described in the Cor:.pany' s

proposal,

e;{cept as specifically modified herein; provided, that said

Company shall not have to provide any proposed services \vhich have

been disapproved by the Federal CoL;Inunications Commission; provided

further that the CoI:'.pany shall, upon petitioning the Federal Communications

.Co~~ission for a certificate of compliance, request that the Company be

allowed to provide all of those services 'iJhich the Company has formally

proposed to the County

The System shall provide one channel for carrying each of(b)

the following co1n!:1ercial television stations:

\.JCIA-TV, Channel 3 (CBS), Champaign, Illinois(1)

(2) \iICD-TV, Channel 15 (l~BC), Champaign, Illinois

!JA::iD-!V, Channel 17, (ABC), Decatur, Illinois(3)

"]GI~-TV, Channel 9, (Independent), Chicago, Illinois(4)

(5) .' Ted Turner's Cable Ne\vS Net~7orkC1ln1 'M1 CI 1v, :1anne-

~1sr;S-TV, Channel 44, (Independent), Chicago, Illinois(6)

The cSy;stem shall possess the capability for carrying the signals(c)

of the following television stations whenever net~york exclusivity or

non-duplication protection require that authorized signals be blacked out:

129ORDINAllCE NO. PAGE 19

\.m'!O-TV, Channel 2 (NBC), Terre Hau te, Indiana

I!IIII-TV, Channel 10 (CBS), Terre lIaute, Indiana

(3)

mIL-TV,

Channel 39 (ABC), Terre Haute, Indiana

Cd) The System shall carry the signal of WILL-TV, Channel 12

(educational), Urbana-Champaign, Illinois.

(e) The System shall provide an automated news-~veather channel

(f) Th~ System shall provide an automated sports, financial

and program guide channel.

(g) The System shall provide at least one channel for use by the

governMent of the County. All county buildings ,~i thin the limi ts of

this franchise shall be linked together by the System at no charge to

the County. This shall include service to County buildings tvithin the

cities of Urbana and Champaign.

(h) The System shall provide at least one channel for locally

produced proGrams.

(i) The System shall provide at least one channel for education

wi thin the COUP.ty

(j) The System shall provide one fully operational channel as

a non-co~;rJercial public access available to the public on a first-come~

non-discri~,inatory basis. Production facilities on this channel shall

be rlade available, ,.,ithout cost, for live studio or video taped or

filncd presentations of fi\'c (5) ninutes or less. If such presentation

e)~ceeds fi',1e ($) !!linutes, fees for t:le use of the public access channel

shall be lirrlted to production costs attributed solely to personnel and

equipment 'J.tilized in live studio presentations. The Corr,pany sha,ll

provide, at no cost to the public access users, equipruent and personnel

for cablecasting 1./2 inch and 3/4 inch color video tape. super eight

millin.eter (3Illin) and sixteen ",illiIileter (lmrun) sound movie film, anti

The COl"pany r:1ay satisfy the production facilitycolor slides.35'1;:11

3 PAGE2~ok.LuOH

3 PAGE22LOOK

129ORDINi':J:CE NO. PAGE 20

requireo::ents

of this paragraph through utilization of its production

facilities and equipment in the Cities of Char,paign and/or Urbana

The System shall ha've a minin.lu1i1 channel. capacity ofi

tvlenty-seven (27) FM channels vJithin the frequenc;7 range of 88-107

, '"IrzJUL. Such channel capacity Y11USt be designed into the cable system

so that the impler-.entation of additional channels ~'nll not require

the rearrangement of e}~isting channels. The System shall carry the

foll0'ving radio sta tions :

(1 /:.11 local FM radio stations licensed or transmittingfrom "rithin the cities of ':::ha:;;paign and Urbana.

(2) 1\11 local .A}f radio stations licensed or transDittin&iron! wi thin the cities of Champaign and Urbana.

(3) A flini~lufl of five (5) imported audio si£nals fror1 theChicago-land area, and one (1) from Rantoul, such aUGiosi;:;nals to be used to provide F!1 and ,-'\,'1 signals fromChicago-land radio st.8tions.

All FM radio stations carried shall be offset fro!:'. their original

transIilission frequency. The System shall carry these rac.io stations

in stereo ~Jhen said radio stations are broadcast in stereo.

The self'ction of the FM and ,,1:1 radio stations as set forth above

shall be detereined by the. Company subject to the approval of the Ch~Y::paign

County Cable Television Co1!l.mittee

(1) Tl~e Syste.t:1 shall carry the follo\'ling short\'lave radio stations

(.1) British ::;:,roaclcasting Corporation {BBC)

(2) Foreign language radio stations in as 1.:any foreignlanguages as possiblet subject to availability andquality of broadcast. The selection of these foreignlang~age radio stations shall be ~eterl:lineci by theCha'illpaign County Cable 'Ielevision CoJIJi.littee, \'lith theapproval of the Char'lpaign County 2oard.

(ill) lileSystep shall carryall other radio statiopswhich the

Federal Corili-:1unication$ Col1'.mission (FCC») or any othertederal or state

agency tay require.

The ~ystew shall carry as many other radio stations of local

interest as systei:! capab;i.lity permits, but not less than a I:linir.:um of

OP.JJINAl.JCE t~O. 129- PAGE 21

t~venty (20) radio stations. The selection of radio stations other than

those defined by Section 11 (k) (1 (2) (3) above shall be determined

by the Company, subject to the revie\1 of the Champaign County Cable

Television Committee and the approval of the Cha~paign County Board.

(0) The System shall provide at least one f~lly equipped color

studio located vlithin the area of the franchise or the c~ty limits of

Champaign-Urbana.

This studio shall be constructed to enable preparation

of siulultaneous live and/or taped or filmed programming in separate

facilites within the studio, and at least one studio shall provide for

audience participation. Said cable system shall also provide at least

oneLlobile unit ~vith full remote color origination capability, as approved

by the Champaign County Cable Television Committee and County Board.

Said studio and mobile unit shall be available to Parkland College.

the government of. the County, public and private educational authorities

and users of the public access channel according to reasonable operating

rules and regulations formulated by the CoMpany in such a nanner as to

not unduly interfere ~1ith the cable television operations of the Company.

The Conpany shall furnish such equipment for the studio and nobile unit

as the County of Champaign requires. Installation~ necessary construction

and maintenance of the equipment is to be the responsibility of the

Company during the duration of the Franchise Ordinance.

(p) The studio facility and equipnlent are intended primarily for

local production of programming for broadcast on the local. systere.

The Cor,lpany shall e~:pend at least $30,000 per year (including consumable

supplies antI personnel costs but not including the mobile unit), for

local origination programming, such amount to be adjusted annually in

accordance with the Champaign-Urbana consumer price index (CPI). .Expencitures of the Company for local programming provided to satisfy

provided to satisfy franchise requirer'.ents of any ftlunicipality in the

County o£ ChampaiGn 1::ay be applied to satisfy

3 PAGE23LiJOK

3 PAGE2"

'.1;

129ORDI~lA!':CE 1':0. PAGE 22

the expenditure requirements of this paragraph.

«1)

A leasing and usage policy for studio equipr':!ent, for both

CATV and non-CATV use. shall be develope.d b~.,. the Charpaign County

Cable Television Committee

(r) To the extend that the Company's equipment is not beinz

utilized;

and connot reasonab.1)r be expected to be utilized in the

forsee~ble future, the Chanpaign County Cable Television Con'J!'ittee ma)"

authorize !:lodification of the COmpan)1'S Cable Television production

equipnent list, subject to conditions established bJT the ChampaiGn

Count)" Cable Television Cop.r;-ittee

(s) The Comp&ny shall provide all reasonable technical and

progra~ming ass~stan.ce to all parties prozre.1T'J1dng on- the Compan)" s

cable system.

(t) The Champa1gn County Cable Television COIl'JJ11ttee shall.

estab1.1$h~ and provide for the scope 6f activities of, a program advisory

board.

This board shall be co1,iposed of cori'J1:unity leaders who

possess e=,~perience and knowledge in various areas of conmiunity life,

lilerlbers of the Char.1paign County Cable rrelevision CofJInittee) and

representatives of the Company.

(u) In the event of an emergency or disater, as declared by

the Chai~an of the Champaign County noard, or other proper officer,

the COi:lpany shalL:Jrlakeavailable its facilities to the County for

e1:"lergency use during the period of such erriergency ordisater and

shall provide such personnel as necessary to properly operate under

the circur:1stances.

{v-) The Company shall maintain an of£ice serving both cities

and ChaE"ipaign County at a central location which shall be open during

all usual business hours) have a listed telephone and be so operated

that coT:Iplaint$ and requests for repairs or adjustments 1:lay be

received at any ti1i1e.

129ORDruA::.JCE NO. PAGE 23

The Champaign County Cable television CoIm:'.ittee may ~;,:ith

the Ce.ble Television Company Acceptance, from time to time change and!

or add to the program requirements of the System as it shall dee!!',

advisable and ,..ithin the SysteIil's capability.

SECTIOI~ 12: USE OF COm~TY STREETS

All System facilities erected, constructed or placed by

the COr:lpany ~-lithin the County shall be located so as not to interfere

with the proper use of streets, alleys, and other public ways and

places, and to cause 1;'Linir;-tum interference vnth the rights or reasonable

convenience of property o\mers who adjoin any of the said streets, alleys

or other public ways and places, and not to interfere with existing public

utility installations. All service lines shall be underground in

those areas of the County where both public utilities providing telephone

or electric service are underground at the time of installation. \fuere

telephone and/or electric utility lines pass above ground on poles

through' or adjacent to a potential subscriber's property, but both

the telephone and electric utility lines are taken underground to

the subscriber's building, the Company shall bear the cost of

installing its line underground from the pole fro~ ~'7hich the electric

or telephone line is taken underground to the subscriber's building

if the subscriber requests connection ,rlthin (6) six months of the

effective date of the grant or forty-five (45) days of the availability

(including offer) of actual connection of such service to the

subscriber, "7hichever is later in time. ~'!here a subscriber's building

is served by a tel~phone or electric utility line ~ "7hich line is

above ground at the tine of installation, the COI:lpany may install

its service above ground insofar as the utility line is above ground.

If,

subsequently, both telephone and electric utility facilities a:ld/or

go underground, th~ affected facilities of the Conpany shall 30 underground

si.--:ultaneously.

3 PAGE25biJOK

263 PAGELJOK

mOnn~'., "'-' c~ "0.1\.;-1-1.",&, ~:. .." . PAGI~ 24

J;n cases of any dis turbance of paver::ent, sidevialk, drivel-lay,

or other surfa~ing.) the Conlpany suall) at its o\.m expense) and in t11E

r.lann~r required by the County ordinances or policies, replace and re-

store all pqving sicie1'Jal.k, driveway or other surface of any street or

alley disturbed. In case of any distrubance on either private or public

property, the land surface, includin:; plantings and trees, shall be

restored by the Company to substantially its previous condition.

.If at any tiIrLe"during the period of the franchise the County

shall .1a"7fully elect to alter, or change the grade or location of any

street, alle)1 or other public ~vay, the Cor:.pany shall upon reasonable

notice by the County, reI:',ove, re;lay and relocate affected System facilities

at its Q':.;n expense, and in each instance comply ~vith the requirenlents

of the County.

The Company shall not place System facilities above or belo~.,.

ground ~vhere the same ~vill interfere ~-lith any gas, electric, telephone

fixtures,

'vater hydrants or other utilities, and all such poles, conduits

or other fixtures placed in any street shall be so placed ::.s to comply \vith

all ordinances of the County.

The Company may b.e required by the County to permit joint

use of its System faci11ties 'located in the streets, alleys, or other

public right-of-way of the County by utilities insofar as such joint

use may be reasonably practicable and upon payment of reasonable rental

therefore; provided that in the absence of agreement regarding such

joint use~ the Champaign County Cable Television COnnl1ittee shall provide

the arbitration of the terms and conditions of such joint use and the

compensation to be paid therefrom, which a'vard shall be final.

The Company shall, on request of any person holding amoving

permit issued by the County, temporarily move affect~d SysteIi1 facilities

to peTI!1.it the moving pf buildings, the expense of such temporary removal

to be paid by the p~rson requesting such removal, and the Company shall

129ORDI:xMiCE NO. PAGE 25

be siven not less than forty-eight (48) hours advance notice to arrange

for such temporary chaqges.

The CQI:1pany shall have the authority, except when in conflict

"lith existin::; founty ordinances, to trin any trees upon ant"! overhanging

public ri::;ht-of-~ilay so as to prevent the branches .of such trees from

coming in contact '-rith Systen facilities, e"~cept that at .the option of

the COllnty, such trimI:ling may be done by it, or under its supervision

and direction, at the e::pense of the Company

(11) The County' shall have the right to install anc maintain free

of charge upon theprope!rty of the Company i ts o~m equip~,ent. including

but not limited to, a p!olice and fire systetrJ. and e:::er~ency services

disaster agency, on the condition that such equip~ent does not interfere.~'Tith the Company's establishment, construction, operation and tr.aintenance

.£0 the Systei..

( .,:LJ. If the COi..pany seel\.s to construct and 1;1aintai.. its cables and

other Syste~: facilities on or above public or private property) and an

easeilient for such use has already been granted to a telephone cor:1pany.

electric or other public utility, said ease;:lent shall, if at all ,possible.

be interpreted so ~s to brant the COI:;pany the sarile rights and privileges

as have been granted to the telephone and electric conpanies and other

public utilities. In such easer,1ents, the words r1telephone' or t'telephone

coI;lpany':, Ilelectric collipany'l and the like, shall be interpreted to include

The COI;1,pany shall not be required to installthe Cable Television Co!:-,pany.

cable to service aI1eas where the required easer.:ents are not reasonably

obtainable

~r:CTIOi~ 13: nUSI1JESS OFFICE ~1D SERVICE Cl~LS

(a) The Cdmpany shall establish, operate and rJaintain in the franchise.area or the Ci ty of Char paign or Urbana, a business office and agent for the

purpose of receiving inquiries, requests and con-.plaints concerning all aspects

of the estahl~shLletit, construction, maintenance, and operation of the Systelil

The office shall have aand the paYli1ent of jsubscribers' service charges.

3 PAGE27LJOH

3 PAGE28LOOK

129ORDIIJAlJCE lID. PAGE 26

listed telephone ~nd shall be open during reasonable business hours.

The Col1.1pany shall respond to and resolve subscribers' coIi1plaints

or requests for service in connection with repairs and maintenance and

malfunctions of SysteI:1 Facilities. The Company shall respond and remedy

service interruptions or malfunctions as soon as possible on such complaints

or requests, but in any event not more than twenty-four (24) hours after

receipt of the complaint

The Company shall file with the Champaign County Clerk copies of

all of its rules and regulations in connection with the handling of inquiries,

requests and complaints. The Company shall in \vriting furnish to sub-

scribers at the time they connect to the System information concerning

procecures for ma1<ing inquiries, requests and complaints about the

System.

The information shall at least include names, addresses, and

The Company shalltelephone numbers of the business office and agent.

provide such information as will reasonably permit subscribers to

effectively submit inquiries, requests and complaints and to obtain

satisfactory resolution or handling in con~ection therewith, especially

in connection with the quality of the Company's deliver of services.

Cd) The Company shall keep full records in connection '-lith all

inquiries, complaints and' requests in connection "1ith the System.

}finimally,such records shall identify the person in contact, the subject

matter of the contact and the resolution of the matter in question or

the action taken by the Company in connection 'vith the contact

SECTIOli 14: SUPERVISION OF DIE COMP&~~

(a) Unless specifically othenlise provided in this Ordinance, or

unless the County Board shall otherwise specify, all administrative actions

required to be taken or which shall or may be taken by the County in

ORDINA!:ICE NO. 129 , PAGE 27

connection with the System, shall be taken by the County Board Chairman

or such other person designated by the County Board Chairman.

Unless sp~cifically otherwise provided in this Ordinance, or

unless tI.e County Bbard shall otherwise provide, all filings with the

County required by this ordinance. shall be made ~'nth the Char:1paign

County ClerIc. .The Champaign County ClerIc shall ir:1nlediately notify

the Chairman of the'Champaign County Cable Television Cor~ittee of any

filings r:!ade b~1..the Co~pany \,ri th the Clerk and shall furnish the chairman

"lith such copies as the c!laiman deeDs sufficient.

(c) There is hereb)~ established a Champaign County Cable

Television Co~~~ittee by the Champaign County Board. The Co~ittee

shall e}:ercise such po~vers and perform such functions in,.con?ection

with the Syster.l and this Ordinance as the County :i:;oard shall from

ti~,e to tllne provide, including but not limi tea to the follotling:

(1) ':i:he dor.lr.iittee shall advise the Corporate J.\utlloritiestvith respect to all aspects of the Company's actionsin connec tion ~1Ti th the Sys teui in the "County.

(2) T11e ColnJ-ni t tee shall revie\v all aspects of the Company'sactions in connection ~vith the SysteIIl.

(3) The COL1frlttee, if it deems it necessary and accordingto such procedural rules as it may decide ~vhich affordsthe Company and a subscriber a fair hearing, mayconduct hearings in review of Company decisionsand actions with respect to Section 13 of thisOrdinance. Decisions by the CorJmittee ~vith respectto sucl1 hearings shall be binding; except, anyparty affected, or theCol!!l'rittee, shall have theright, upon request, to revie\v by the ChampaignCounty iloard.

The CoQpany shall work \~ith the Con~ittee to the extent the

CoInlnittee requires the COI:1pany to furnish information or assistance in

order that the CoJl1I\1ittee may monitor the construction and operation of

the Sys te::l.

3 PAGEon~~bOOK

3 PAGE3'J

ORDlrQft.NCE ~{O. m PAGE 28

SECTION 15: LIABILITY, Il~SUP-A1JCE fu~D INDEl1I:JITY.

(a) The Corapany hereby agrees to indemnify, defend and save \"hole

and harniless the C~unty and its officers and enlployees from liabilities

and related expenses (including reasonable attorney's fees) of any

kind which Ulay arise out of or from the establishment, construction,

operation and maintenance of the System or System facilities or

the execution and implementation o£this Ordinance. The County

shall notify the Company in the event any person shall in any '"ay

notify the County any claim or demand in connection with the System,

the SysteIrI facilities or this Ordinance fronl 'vhich the Company may

be subject to liability under this Section or otherwise. The under-

taking in connection with the subsection (a) includes liabilities or

claims of liability with respect to property damage, personal injury,

invasions of the right of privacy, defarnation of any person, the

violation or infringem~nt of any copyright, traden'.ark, trade name,

service mark or pat~nt, or of any other right of any person, and

failure of the Company to comply with the provisions of any federal,

state, or local statute, ordinance, rule, or regulation applicable to

the Corr,pany in connec tion with this Ordinance.

(b) The Company shall keep the System and System facl.1ities

continuously insured against such risks as are customarily insured

against by businesses of like size and type, including but not

limited to:

(1) Insurance upon the repair or replacement basisif available, and otherwise to the full insurablevalue of the System facilities (",ith reasonabledeductible provision~) against loss or damage byfire and lightning, ,'lithuniforTi1 standard extendedcoverage endorsement, lir.uted only as l:1ay be providedin the standard form of extended coverage endorsementat the time.in use in the State..

(2) Boilfr explosion insurance on steanl boilers, pressurevess~ls and pressure piping in an aDount not less thanrepair of replaceoent cost (\vith reasonable deductible

provisions), provided that such insurance need not betal<e1!1 out until the steam boilers, pressure vesselsand pressure piping have been installed in the Systeu,facilities.

ORDIN/I.NCE NO. 129 P.\GE 29

Insurance to the extent of $2,OOO,OOO'per occurrenceagainst liability for bodily injury including deathand to the e~{tent of $500,000 per occurrence againstliability for daraage to property including loss of use,occurring on, arising out of or in any'way related tothe Sys tern and Sys ten1 facili ties.

(4) During any period of construction, adequate coverage tomeet liability under the lllinois Structural ;,'ork ll.ct.

(5) tJorlFmen's CoI;lpensation Insurance "ithin statutoryliri!!ts and Employer's Liability Insurance of not lessthan $100,000.

Comprehensive Automobile Liability Insurance to theextent of $1,000,000 per occurrence against liabilityfor bodily injury including death and to the extent of$300,000 per occurrence against liability for damage toproperty including loss of use occurring on, arising outof, or in any way related to the System.

This subsection (b) shall not be a limit on the Company's undertaking

provided in subsection (a) of this Section

(c The Company shall have the County and all of its officers and

el:1ployees included as co-insured on all insurance policies referred to in

this Section. The Company shall file \-lith the Chanlpaign County Clerk

copies of all such policies. All such policies shall provide that the

issuing insurance company will not cancel them wi.thout ten (10) days prior

notice to the Company and the County. 1\11 such policies shall be taken out

and maintained ~"ith generally recognized responsible insurance companies

qualified to do business in the State of Illinois and carrying a rating

of A+ftJ-\i\AA in the most recent publication of Best's Insurance Guide.

SECTIO?1 16: $UI\ETY BO~m.

(a) The Company shall ~aintain throughout the term of this Ordinance

a faithful performance bond running to the County, with a good and sufficient

surety to be appro~ed by the County in the penal sum of $lOOtOOO on the

condition that the Company shall ,,'Jell and truly observe, fulfill and perform

in connection '-lith each provision, term and condition of this ordina.nce

and that in case of any breach. the County shall be entitled. to recover

rrOfil tIle principal and sureties on such bond the anount of any datlages and

'""1O.L3 PAGEF,JOH

323 PAGELJO,".

129OP..DnifJ~cr: l~O. PAGE 30

all costs and attorney's fees incurred by the County, pro:-~i!:lately resulting

fro1;l the failure of the Company to ,yelland faithfully observe and perfor1

under any and all of the provisions, terr:1S and conditions ~qhich this

Ordinar1ce requires it to perform

(b) IJo recovery by the County of any sum by reason of the bond

required by this Skction shall be. any lit:itation upon the liability o£

the COI:1pany to the County, except that any sum received by the County

by reason of such bond shall be deducted from any recovery \vhich the

County r.ight have against the Co!:',pany

(c) t;ei ther the Con:panynor any other person, agency, or en ti ty

shall r:onitor, or arran[;e for monitoring, of any cable, line, signal

ir,put device, or subscriber outlet or receiver for an)' purpose

tvhatsoever, tvithout the specific authorization. of the County :Board

The foregoingexpressed by resolution and of affected subscribers~

noalithstancling> the Gol.'1pany shall be allo,.,ed to perform rr.onitoring

~:;hich is necessary to the nomlal delivery of Systenl services; provide~ t

however, tha- such Tilonitoring shall be done in a IIlanner ti-lat does not

infringe. upon the rights of subscribers and provided further that the

Company shall disciloseto .the COIYlffiittee all such illonitoring activities,

if any. In all respects in connection \vith the Syster:~ the Cor.,pany and

the County shal! protect the rights of privacy of. subscribers and others

IT!

the event the Company fails to perform in accordance with(d)

any of the provisibns,61f this Ordinance and a forfeiture is declared,

then it is understood and agreed that the County shall be entitled to the

sum of Fifty Thousand Dollars ($50,000) as liquidated damages, which SUP

shall be in addi tion to any and \\Thich sun; shall be covered by the bond

in this Ordin<mce required to be posted by the Company.

mORDI!1f..::iCE rIO. Pt\GE 31

.-COf'!PLL\I~CE t'IITH LOCAL, STATE Mm FEDERAL JURISDICTIONSr::CTION 17:

The Company shall establish, construct, operate and maintain

the Systen-, subject, to the reasonable supervision of the County. and in

strict co;;;pliance with all applicable la,vs, ordinances, rules and

regulations.

(b) If at any time the powers of the County) state 'or federal !;overn-

ment or any agency or official thereof in connection vith the System areI

duly transferred to or later reside in any other board, authority

agency, or official, such board, authority, agency or official shall have

the po~ver, rights and duties previously vested in addition to any other

t'l.hich they may acquire.

(c) }loth\~ithstanding any other provisions of this Ord.inance the

Conpany shall at all times comply with all state and federal laws~ rules

and regulations, or any administrative agency thereof; provided, ho\vever,

if any such ordinance, la,v, rule or regulation shall require the Company

to perforrr. any service or shall permit the Company to perform any service

in conflict i-lith the pr.ovisions and terms of this Ordinance or any la\-l,

rule or regulation, then as soon as possible following knowledge thereof

the Company shall notify the County of the point of conflict believed to

exist.

If the County deterrlunes that a material provision of this brdinance

is affected byl sucl~ action, the County shall have the right to modify

or amend any of the provisions herein to such reasonable extent as may

be necessary to carry out the full intent and purpose of this Ordinance

SECTION 18: nSTABLISII:1ENT, COiiSTRUCTIO~1, A.~D OPEP..ATION

Upon acceptance pursuant to Section 19 of this Ordinance, the

Company shall expeditiously proceed to establish, construct, and operate

the Syster1, providing services of the System to subscribers as soon as

reasonahly possibl~.

The ti!J1.e for the establishI:~ent~ construction. and operation

of the Systeln fad ~he pro'lision of services to subscribers shall be

substantially according to tl1e schedule as follo,.;s.

333 PAGELJOK

3 PAGE34LuOH

ORDIliA':;CE :t:JO. ~ Pf,GE 32

C'!:" CTIO'1 10 .," J . ACCEPTA1!CE

(a) F ""{cept as expressly provided othert,1ise in this Ordinance, the

Company herein shall have no recourse whatsoever aLainst the County for

any loss, cost, or el':pense or dalilages arisirL(; out of the terns ,con~i tions

and provisions or irequirerents of this Ordinance or because of the Cbur..t:: 's

enforcenent of this Ordinance

(b) TJ-je Cor.;Pf:!ny e}cpressly 8-.clmol;vledges the.t upon accepting the

risht~ privilege and franchise granted by this Ordinance, it did so

relying upon its 01o,'n investigation and understanding of the power and

authority of tILe County in connection \vith the System and this Ordinance

By the acceptance of tllis franchise, the Cbtlpany agrees that it \vill not

at any titte set up against the County in any clailT; or proceecliui;; any

provision,

condition or tenil of this Ordinance as unreasonable, arbitrary

or void or that the. County had no po\ver or authority to r,;ake such

provision, term or condition a part of this OrdirlanCe

TIle Company by acceptance of the right, privilege and franchise

under this Ordinance, acknowledges that it has not been induced to enter

into the fr;anchLse by any understanding or proviso or other stateillent

~vhether verbal or ~"ritten on behalf of the County concerning any terTII

or condi tion of this franchise not e>:pressedhereih.

The Cor-pany .further acknowledges by acceptance of the right

privilege and fr.anchise., that it has carefully read the terrus and

conditions of this Ordinance and is willing to and does accept all

reasonable risks of. the meaning of the provisions, terms and conditions

herein.

In the event the Company shalracceptthe right, privilege and

fran~hise to establish, ~onst.ru~t, operate and maintain the System in

nccordance with the pursuant to the provisions, terms and conditions

ORDI!'\N-:CE rID. 129- PP..GE 33

of this Ordinance, the Company shall e}~ecute an acceptance in substantially

the fOrTll as follo~"s:

ACCEPTAi"iCE 011 com'~TY OF CHA'1PAIG~j CABLE TELEVISION FRAl~CHISE

Now, this day of ,19 2 the Companyhaving been adv~ by the County Clerk of the County ~2.r;lpaign,Illinois, that by the Cable Television Franchise Ordinance for theVicinity of the Cities of Champaign and Urbana passed by the CountyBoard of the County of Champaign, Illinois, on the day of

~ 19 (t:le "Ordinance") a franchiseaccord-ing to the provisionB":-te:rms and conditions of the Ordinancewas granted to the Company to establish, construct~ operate andmaintain a cable television systen within certain toto1nship sectionsin the vicinity of the Cities of Urbana and Champaign, the Companyaccepts the terms of the franchise and promises to comply fully andin all respects with the terms, conditions and provisions of the Ordinance

crn-ll? r\?:;Y :

(SEAL)

Attest:

STATE OF ILLINOIS))

COU~!TY )ss

I, the unders;igned, a ~JotaryPublic in ancl for said County and Stateaforesaid, DO HEREBY CERTIF'1 that --,and the

-I

and .' of the Conpany personally kno\m to r::e tobe the same person;vlhose name subscribed to the fore-going instrument, appeared before me this day in person and acl\.no\lledged thatthey signed, sealed and delivered the saiJ instrument as their free and

voluntary act and the free and voluntary act of the Cotrpany, and that they\vere full)' and dulr authorized by the Co!:lpany to so subscribe, for theuses and pUlJpdSeS therein set forth.

GIVEN under my hand and t~otarial Seal, this day of.19

~TOT' D'" Pun TIC-, 1.1.1. L -U ~

(S!:,,".L)

(f) Thej{;1cceptance referred to in subsection (e) of tills Section shall

Je ,'1cconpanied by an acce?tance fee in the anount of $. ' and by.a corporate surety or b:: cash or its equivaLent)

Ic.nc,

sec.~red ~y

~ A J l ~,- errc,. to iL+ JectJ-on)

3 PAGE6")~UViLJCK

3 PAGE36tOOK

OP..DINPJ::CE .i,C. -~.~. PAGE 34

{g) The Cor"pany shall accept pursuant to this Se.ction, if at all,

withiutwenty (20) clays of the date of passa&e of this Ordinance

The costs of publishing this Ordir!ar!ce, by pririt or publicatioil

in book 01.- paI'iphlet forr:: or by publication in a ncto]spaper, shall be p~i

for out of tIle acceptance fee referred to in subsection (f) of this Section.

C:'-C"'IC"~ "0 .-L"" L... L. . !..SSIGl~.lliliT OR TflAl;SFI:h.

TIle right, privil.ec:;e and franchise under this Ordinance anC: the

System ff}.cilities shall not be assigned or transferred eitl.er in whole or

in part or leased, sublet, pledged or mortgaged in any manner, nor shall

title thereto either legal or equitable, or any right, irLterest,or

property therein pass to or vest in any person either by the act of the

Conpany or by operation of la,.; without the prior express approval of the

County.. The granting, giving or \.raiving of anyone or more of such approvals

shall not render unnecessary any subsequent approvals. The County shall

not unreasonablY~7ithhold such approval and may require reasonable

conditions in connection \iJith such assignment or transfer.

The consent or approval of the County to any s -::.h assignment,

lease, transfer, sublease, pledge or mortgage shall not constitute a

waiver or release of the rights of the County in and to public right-..

of-way.

l~othing in this Section shall prohibit a mortgage or pledge of

System facilities or any part thereof or a leasing by the CoIapany of

SysteIi:t far.cilities or part thereof for financing purposes in connection

Any such mortgage, pledge, or leasey;.ith construction of the System.

shall be subject and subordinate to the rights of the County and sub-

scribers under this Ordinance.

~E' CTIO"!,T 21 'OJ RI;:VOCATIOt~ ..

(a) In addition to all other rights, powers, or remedles pert8.ining

to the County in connection with this Ordinance or otherwise, the County

0 RDII~}'J:J.CE NO. _12.9 PAGE 35

reserves the right to terminate, cancel and revoke the franchise and

all rights and privileges of the Company under this Ordinance in the

even t the CoDlpany

(1) Violates any i.laterial provisions of this Ordinanceor any rule, order or deter!;',inatit:>n of the Countymade pursuant to this Ordinance, except --,here suchviolation, other than of subsection (b) and (c)belo,.], is 'vithout fault of the CoL,pany or. tlLrouslle;-:cusable nez;lect; or

{2) Beco:..:es insolvent, unable or un.villing to pay itsdebts, or is adjudged banlcrupt.: or

(3) Fails for a substantial tirr,e to provide effectivetransr"ission and receiving services and capabilitiesto subscribers, except for strikes, war~ civil cor~otions,Acts of Cod, or other causes beyon<l the control of theCor,:pany; or

(4) i'\.ttempts to evade any of the provisions of -this Ordinanceor practices any fraud or deceit upon the County orsubscribers; or

Fails to establish, construct and operate the Syster:i sub-stantially in compliance \-lith sche(~ule in subsection (b)of Section 1.8 of t:1is Crdil1ance, due consideration havingbe~n given to the nature and cause of any delays.

(b) Such termination, cancellation and revocation shalr be by

ordinance after a hearing before the County Board. The County shall give

the Company at least sixty (60) days notice of the hearing. The CO1':!pany

shall have an opportunity before the County Board to be fully heard and

be iven a reasonable period of tiNe) not to exceed ninety (90) days)

to cure any and all defaults, omissions, breaches, or causes for such

termination> cancellation, or revocation. The County Board shall make

findings of fact in connection "lith any terI:lination, cancellation, and

revocation.

Upon such termination, cancellation~ and revocation~ and/or{c)

upon the expiration of the term of the grant under this Ordinance, the.

County Board shall have the option, to be exercised vlithin ten (10) days

thereof, of acceptins ownership of all System facilities in the unincorporated

This shall not be a limit upon any other remediesareas of the County..

~~vi3 Pi.GELOOK

3 PAGE38HuGH

129ORDINAl'1CE ~iO. Pl,GE 36

the County may have in connection with the Company's perforn;ance under

this Ordinance

SECTION 22: RESERVATION OF RIGHTS

The riGht is hereby reserved to the County to adopt and

enforce in addition to the terms, conditions and provisions contained

in this Ordinance and in othenvise existing applicable ordinances, such

additional ordinances, rules and regulations as it shall find necessary

in the exercise of the policy po\oJers; provided, that such ordinances,

rule$ and regulations shall be reasonable and not in material or sub-

stant1al conflict "lith the rights herein granted.

In addition to the specific rights of inspection othervlise provided

for in this Ordinance J the County shall also have the right to malce suc~..

inspections as it shall find necessary to insure coflpliance ~.lith the terI:".s

provisions and conditions of this Ordinance and other relevantprovisior!s

of la,i7

(c) t!othing in this Ordinance shall limit the right of the County

to acquire all or any part of the System Lllrougll the exercise of eI1'inent

domain in the jj'.anner provided by law.

(d) From title to time the Coupty may by ordinance amend this

Ordinance.

No such a!!'.endment (I:n th the e:,,-ception of changes in the

.franchise

fee) shall be effective as to the Company until the Con:pany

files ~."ith the County an acc~pt:;!),nce, 'i,rith specific reference to the

ordinance a'O1endin~ this Ordinance, substantially in the form set forth

.c t . 10ln .,ec :ton.,. ;'o"Tever, the Cor,p~ny's acceptance shall not be requirec

for changes in the franchise fee or for the iI!'.position of additional

franchise fees or charges or additipns in prograIl1ming requfrel:1ent of

for changes in the adr;dnistrative provisions of this Ordinance

Olwr:.jA;.;c::: iiO. 129 :::'AGl:: 37

SECTIO~~ 23; RE ""'TT AL' ' .

(a) l"t or before the expiration of tile terL1 of the grant tile Cor"pany

filay be c onsiclered by the County for rene~'7al of the r;rant or for a grant

on new and differcnt terv.s, conuitions and provisions. 'rne County 5~all oive

due consicleration to the C Oi,lP any , s perfornlance ciuring the tern: o.f the

grant.

SECTIO:i 24: T"':',.,o rr 'T Am rO" OF "E" \' r ",,;"J:.r... 1. l\j 1 ., ,) 1:, 1 ..

(a) Upon termination of System s~rvice to any subscriber) the CoLlpany

upon ,'lritten request shall without charge proI:1ptly rel.lOVe all System

facilities f,rom the property of such subscriber

SECTIO~~ 25: co:rSTRUCTIO:1.

(a) Principles concerning the construction and interpretation of.

this Ordinance shall be as fol1o\ls:

All ordinances or parts thereof in conflict t.;rith theprovisions of this Ordir~ance are to that e:-:tent herebyrepealed..

(2) If any provision of this Ordinance or the applicationthere of is for any reason held invali~, illegal,unconstitutional, or unenforceable, such holdingshall not affect the rel:1ainder of this Ordinanceto any extent, each provision of this Ordinancebeing a separate, distinct and independent part.

(3) In connection with all actions and decisions to betaken or made under this Ordinance by the County orthe Co;:1pany, due consideration shall be given therespective interests of the County, tJle Company,subscribers and potential subscribers. l\ctions anddecisions shall include, but not be liinited to,increasing rates or othen'lise an-.endinz this Ordinance.The interests of potential subscribers, except forpotential subscribers who have not refused Syste~service or have not let lapse the time provided inSection 5(a)(1), shall be secondary to the interestsof the County, the Cor::pany, and subscribers.

To the extent that any fee or monetary payment by theCoI;1pany or another person under this Ordinance shallbe declared or found to be exce~sive as relates to alicense or franchise, such fees or monetary paymentsshall be considerel to be taxes. ..

~]ords in the present tense include the future(5)

3'J3 PhGtLJOH

3 PAGE40lJOK

129ORDINAJ.';CE rID. PAGE 38

(6) 1~ords iTilporting the singular number may extend to andinclude plural, words iyr,portin[; the plural number mayeJ;:tend to and include the singular, and words inrnas-culine gender shall include female 8ender.

The Co];1pany shall not be excused fror:l complying "lith any of the

terms, conditions, and provisions of this Ordinance by any failure of the

County upon anyone or more occasions to insist upon or to seek compliance

,.lith any such terI:1s, conditions or provisions.

The specification in this Section of principles to apply in the

construction and interpretation of this Ordinance shall not be a limitation

as to others

'.fuenever this Ordinance shall set forthany tiI:1E for any act to

be performed by or on behalf of the Company', such ti~,e s11all be deeY:led of

the essence and any failure of the Company to perform t'!ithin time allotted

shall al.,:rays be sufficient [;rounds for the County to te~inate, cancel and

revol,:e the grant ot" use other remedies.

~ECTIOr1 26: PUBLIC BlTILDI!ciGS.

(a) The Co~,pany agrees to and shall furnish ':tithout installation

charge or r:lonthly service fees live connections to the Courthouse and all

other County, municipal, township, school district and local government

The public buildings so served shallbuildings in the franchise area.

be responsible for all internal ""iring frora such energized connection

source.

SECTIOi~ 27: ~\onCES

(a) il.ll notice$ herein provided for shall be sent prepaid registe1."ecl

or certified T:1ail adclresse4 to the parties as follows:

Chabpaign County Clerk, Courthouse, Urbana, 11 61.301To the County:To the CO;l1par.y:

C"' C'l~ IO" " 8i:>l:. J.'j L:,.cLuc IV ~ JURIS" I-"' TIO'"

iJ.r, LJ J;:. ~ lJ '-' Jot .

(a) lio COx:-.r;lu~i ty .~nteuna Television Systen1 shall be erected, l:Jaintained

129ORDII'ItAJ:iCE 110. PAGE 39

or operated in an unincorporated area of the County of Chahlpaign ..Jit11out

the passage of a franchise ordinance granting the same.

(b),

Upon enf:l,ct~ent of this Ordinance the folloT:1ing actions by an

person,

corporation or unincorporated association shall be unlawful and

subject to criminal penalty as described in subsection (4) belo1;v:

(1) The unauthorized connection, ,-lhether physically, electronically,accoustically, inductively or otherr;.;ise "lith any part of aSY$ tern facilities ,.;1 thin the County for the purpose of taking'or receivinG television. or radio signals, pictures, programsor sounds, or for the purpose of enabling others toreceive such signals, pictures, programs or sounds.

(2) The willful tampering '-lith, removal of, or injury to anycables, ,.Tires or equipment used for distrib.ltion oftelevision or radio signals, pictures, progranlS or sounds~.,ithout consent of the System ovmer.

(3) The C'ounty's willful violation of any of the provisions ofthis franchise.

(4) Violators of the provisions of this Section shall be guiltyof a :.i3QeI.,eanor, and each and every day or portion thereofduring which any violation of any of the provisions of thisSection is committed, continued, or permitted shall be deemeda separate offense and upon conviction of any such violationsuch violator shall be punishable by a fine of not more than$500.00. Any equipr:lent or structure erected or 111aintainedand any ~~orlc commenced or continued in violation of thisOrdinance shall be and is hereby declared unlawful. Theassessment of a fine against the Company under this sectionshall not bar any County claim to damages or civil penaltiesfor the performance under other sections of this Ordinance.

(5) The Champaign County Cable Television Committee may assesscivil penalties of up to $1,000 per day for each day theCompany violates any provision of this Ordinance. Ho~"ever,no such penalties shall be assessed without first a hearingbefore the Cable Television Cmmnittee ~.]hereas the Companyshall be advised of its alleged offenses, testir:lony ~Jillbe itaken under oath and the Co;:1pany given an opportunity tocross-exaI7line witnesses against it and present its o~vnY7itnesses and evidence. The Cor:mlittee shall not be bound bythe technical rules of c'IJidence. rIle Corr.ittee !:lay requestthe Charapaign County State's J:\ttorney to inves tigat~ purportedviolations and petition for such penalties as the State'sAttorney deerr.s appropriate. The asseSSJ':1.ent of civil penaltiesunder this slt:'section shall not bar any County clair:1 to damagesor crir,inal penalties under other sections of this Clrdinance.

3 PAGE4'" .

to--LJOK

3 PAGE

42

t.iJOK

ORDINANCE NO. 129 PAGE 40

(c) This Ordinance shal become effective ten (lO) days after

notice is published by the County Clerk that the Ordinance has been

adopted and that copies are available at the Office of the County

Clerk and the Chairman of the County Board. Publication may be made

in any newspaper of general circulation in the County of Champaign.

PRESENTED, PASSED, APPROVED AND RECORDED, this

~

day of September,

19 BO.

(SEAL)