AG 1998 03 16 - Laserfiche WebLink

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governments served by the system. (c) Leased Access operated by Grantee. Franchisee shall supply, without charge, the following access channels upon completion of the rebuild: one government access channel; and, one educational access channel for the shared use of local governments served by the system. At any time during the franchise term, the County may designate capacity on the access channels for public access programming. In addition · third access channel shall be reserved for future use. After the rebuild and u~on request of the County, whenever two channels as est forth in this section show documented proof of performance that they are in use for any 6 week consecut£ve timeframe, given at least 8 hours per day, 7 days per week cablecast schedule, with at least 40% (of the time the channels are programmed) with unduplicated full motion video programming, the Grantee shall make such additional access channel available as necessary for access use within 6 months of receipt of request by the County. XIII. INSTITUTIONAL NETWORKS. A. Network (INET). Except as provided herein, Franchisee shall construct, maintain and replace, ss needed, an Institutional Network to the sites set forth in Appendix B attached hereto and incorporated by reference. For the purposes of this Section XII, the term "institutional network" shall mean a separate, closed-circuit, private communications network to be constructed and maintained by the Franchisee and which is available only to those locations set forth in Appendix B or as hereinafter provided. The network will be a passive point-to-point fiber optic network, and will meet all technical and electrical codes specified within the franchise agreement. The County shall only use the Institutional Network for non-commercial governmental or educational purposes and shall not interconnect the Institutional Network with any other switched or non-switched network. The INET will be completed within eighteen (18) months of the County's request to commence construction and will be activated within six months of completion. B. Charges. There shall be no charge to the County for the use of the Institutional Network, provided, however, the County shall be responsible for purchasing, maintaining, repairing and replacing any and all necessary end user equipment for uses of the Institutional Network. The County will reimburse Franchisee for the actual incremental cost of construction of the INET sites as specified in Appendix B. As indicated in Appendix B, Franchisee has estimated the incremental cost of construction to be one hundred ninety- seven thousand ($197,000) dollars. Said estimated cost expires twelve (12) months from effective date of the franchise. The reimbursement from the County will be paid in equal annual installments over a five year period beginning on the activation date of the INET. C. Design. The Franchisee agrees to construct the Institutional Network as specified in Appendix B. D. Future Construction. If the County elects to construct the Institutional Network during the Franchise term, but after the first twelve (12) months, or if the County requests the Franchisee to construct extensions to the Institutional Network, the Franchisee shall provide to the County for its review and approval a quotation of costs and schedules for the INET construction or extension. The County or the subscribers, as designated by the County, will be charged for the construction based on the Franchisee's direct cost of labor and materials plus a return on investment of 11.25 percent as allowed by the FCC. The parties expressly recognize and agree that the Franchisee may, at its discretion, pass through to its customers the costs associated with the requirement of this Section XII to the extent permitted by the rules and regulations of the FCC. E. Maintenance. The Franchisee shall continue to own the Iestitutioeal Network and shall perform all routine maintenance on the Network in the same manner as the subscriber network. Any maintenance or replacement of cable or fiber will be done on a time and materials basis payable by the County. All maintenance shall be performed to minimize any periods in which the INET is not operable. Franchisee shall notify the County in advance of any scheduled maintenance operations which would cause the INET to be unavailable. Franchisee shall notify the County as soon as the maintenance operation is complete and the INET is available for use. XIV.SUBSCRIBER INFORMATION AND POLICY A. Subscriber Information. At the time of installation and annually thereafter and upon request, Franchisee shall furnish to each subscriber a simple, but thorough written explanation of all services offered; the fees, charges, terms and conditions of such services; information regarding billing and service calls; complaints; information regarding the availability of parental control devices; and a complete statement of the subscriber's right