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HomeMy WebLinkAbout2021-07-20 Select Board Packet FAX: (781) 942-9071 Administrative Services Department Email: mkraunelis@ci.reading.ma.us (781) 942-6611 M E M O R A N D U M To: Robert W. LeLacheur, Jr., Town Manager From: Matthew A. Kraunelis, Esq. Director of Administrative Services Date: July 19, 2021 Re: Highlights of the Proposed Verizon Renewal License _____________________________________________________________________ Highlights of the Proposed Cable Television Renewal License with Verizon Below is a brief summary of the highlights and chances to the Verizon License to be used at the Public Hearing Scheduled for July 20th. License Term: 5-year term. Previous license was 15 years. This is consistent with Verizon’s recent licensing in other municipalities. HD PEG Access Channel: Verizon has agreed to supply a new HD PEG access channel. Cable Drops: Due to a recent order from the FCC, the license does not guarantee ongoing free cable drops to public and other buildings. Termination: Verizon may terminate this license after 270 days written notice on or after the 28th month of the license. This is consistent with Verizon’s recent licensing in other municipalities. PEG Grant: Verizon will pay a total of $146,250 as a PEG grant in three equal installments during the first two years of the 5-year license period. Verizon previously paid $250,000 for the 15-year license granted by the Town in 2006. Town of Reading 16 Lowell Street Reading, MA 01867-2685 Franchise Fee: Like the prior license, this license provides that Verizon will pay 5% of its annual gross revenues as a Franchise Fee to the Town, the maximum amount allowable that the Town may require under applicable federal statutes. Due to a recent FCC order, however, that 5% will now include (unlike in the prior license) the value of “in-kind” benefits provided to the Town pursuant to the license, such as the value of cable drops to public and other buildings. Town of Reading Cable Television Renewal License CABLE TELEVISION RENEWAL LICENSE GRANTED TO VERIZON NEW ENGLAND INC. July 20, 2021 SELECT BOARD TOWN OF READING, MASSACHUSETTS Town of Reading Cable Television Renewal License TABLE OF CONTENTS ARTICLE PAGE 1. DEFINITIONS ....................................................................................................... 2 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS ........................... 7 3. PROVISION OF CABLE SERVICE .................................................................. 10 4. SYSTEM FACILITIES ....................................................................................... 11 5. PEG SERVICES AND SUPPORT ...................................................................... 12 6. FRANCHISE AND LICENSE FEES .................................................................. 16 7. CUSTOMER SERVICE ...................................................................................... 18 8. REPORTS AND RECORDS AND PERFORMANCE EVALUATIONS ......... 18 9. INSURANCE AND INDEMNIFICATION ........................................................ 20 10. PERFORMANCE BOND .................................................................................... 21 11. TRANSFER OF LICENSE ................................................................................. 22 12. RENEWAL OF LICENSE .................................................................................. 23 13. ENFORCEMENT AND TERMINATION OF LICENSE .................................. 23 14. MISCELLANEOUS PROVISIONS .................................................................... 25 SIGNATURE PAGE EXHIBITS EXHIBIT A – PUBLIC BUILDINGS TO BE PROVIDED FREE CABLE SERVICE – Subject to Sec. 3.4 EXHIBIT B – PEG ACCESS CHANNELS EXHIBIT C – CUSTOMER SERVICE STANDARDS EXHIBIT D -- PERFORMANCE BOND 1 THIS CABLE TELEVISION RENEWAL LICENSE (this “License”) is entered into by and between the Select Board of the Town of Reading, as Issuing Authority for the grant of the cable television license pursuant to the Massachusetts Cable Law (M.G.L. c. 166A), and Verizon New England Inc., a corporation duly organized under the applicable laws of the State of New York (the “Licensee”). WHEREAS, the Issuing Authority is a “franchising authority” in accordance with Title VI (as hereinafter defined) (see 47 U.S.C. § 522(10)) and is authorized to grant one or more nonexclusive cable licenses pursuant to the Massachusetts Cable Law; WHEREAS, the Issuing Authority granted to Licensee effective as of January 25, 2006, a nonexclusive Final License to install, maintain, extend, and operate a Cable System in the Town for a term of fifteen (15) years (the “Final License”); WHEREAS, the Licensee has operated a Cable System in accordance with the Final License as of the effective date on its existing Telecommunications Facilities consisting of a Fiber to the Premises Telecommunications Network (“FTTP Network”) in the Town which also transmits Non-Cable Services pursuant to authority granted by M.G.L. c. 166 and Title II, which Non-Cable Services are not subject to the Massachusetts Cable Law or Title VI; WHEREAS, pursuant to and in accordance with applicable federal and State law, the Issuing Authority undertook a process to determine whether it should renew the Final License and the terms for such a renewal; WHEREAS, the Issuing Authority has examined the past performance of Licensee and has determined that Licensee is and has been in material compliance with the Final License and applicable federal and State law; WHEREAS, pursuant to and in accordance with applicable federal and State law, the Licensee submitted to the Issuing Authority a proposal to renew the Final License to operate a Cable System in the Town; and WHEREAS, following good faith negotiations between the parties, the Issuing Authority and Licensee have agreed on the terms and conditions for a renewal License under which Licensee will continue to operate its Cable System in the Town. NOW, THEREFORE, in consideration of the Issuing Authority’s grant of a renewal License to Licensee, Licensee’s promise to continue providing Cable Service to residents of the Town pursuant to the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and the adequacy of which are hereby acknowledged, THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: 2 Town of Reading Cable Television Renewal License 1. DEFINITIONS Except as otherwise provided herein, the definitions and word usages set forth in the Communications Act are incorporated into and shall apply to this License. For the purpose of this License, the following words, terms, phrases and their derivations shall have the meanings given in this Section 1, unless the context clearly requires a different meaning in which case such other meaning shall apply. When not inconsistent with the context, the masculine pronoun includes the feminine pronoun, 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. The word shall is always mandatory and not merely directory. In addition, the following definitions shall apply: 1.1. Access Channel: A video Channel, which Licensee shall make available to the Town and/or its PEG Access Designee(s) without charge for non-commercial public, educational, or governmental use for the transmission of Video Programming as directed by the Town. 1.2. Affiliate: Any Person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, the Licensee. 1.3. Basic Service: Any service tier which includes the retransmission of local television broadcast signals as well as the PEG Access Channel required by this License. 1.4. Cable Division: The Cable Television Division of the Massachusetts Department of Telecommunications and Cable, or any successor entity. 1.5. Cable Service or Cable Services: Shall be defined herein as it is defined under Section 602(6) of the Communications Act, 47 U.S.C. § 522(6). 1.6. Cable System or System: Shall be defined herein as it is defined under Section 602(7) of the Communications Act, 47 U.S.C. § 522(7). 1.7. Channel: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(4). 1.8. CMR: The Code of Massachusetts Regulations. 1.9. Communications Act: The Communications Act of 1934, as amended (47 U.S.C. § 101 et seq.), which includes the Cable Communications Policy Act of 1984, as amended (including as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996). 1.10. Control: The ability to exercise de facto or de jure control over day-to- day policies and operations or the management of corporate affairs. 1.11. Educational Access Channel: An Access Channel provided to the Town pursuant to the terms and conditions of this License and available for the non-commercial use of 3 Town of Reading Cable Television Renewal License the local public schools in the Town and/or of a non-profit entity, as designated by the Issuing Authority. 1.12. FCC: The United States Federal Communications Commission, or successor governmental entity thereto. 1.13. Force Majeure: An event or events reasonably beyond the ability of Licensee or the Issuing Authority to anticipate and control. With respect to the Licensee, Force Majeure includes, but is not limited to, severe or unusual weather conditions, strikes, labor disturbances, lockouts, war or act of war (whether an actual declaration of war is made or not), insurrection, riots, act of public enemy, epidemics, actions or inactions of any government instrumentality or public utility including condemnation, accidents for which the Licensee is not primarily responsible, fire, flood, or other acts of God, or work delays caused by waiting for utility providers to service or monitor utility poles to which Licensee’s FTTP Network is attached, and unavailability of materials and/or qualified labor to perform the work necessary. 1.14. Franchise Fee: Shall have the meaning as set forth in Section 622 (g) of the Communications Act (47 U.S.C. §542(g)). 1.15. FTTP Network: Shall have the meaning set forth in the recitals of this License. 1.16. Government Access Channel: An Access Channel provided to the Town pursuant to the terms and conditions of this License and available for the non-commercial use of the Issuing Authority and/or its PEG Access Designee(s). 1.17. Gross Revenue: All revenue, as determined in accordance with generally accepted accounting principles, which is derived by Licensee and/or its Affiliates from the operation of the Cable System to provide Cable Service in the Town, including, without limitation, the following items: fees, charges and payments collected from Subscribers for Cable Services; installation, reconnection, change-in-service (upgrades, downgrades, etc.) and similar charges; revenues received from rentals or sales to Subscribers of converters, remote controls and other Subscriber equipment used to provide Cable Service over the Cable System; fees from third parties for leased access programming; revenues that the Licensee receives from home shopping channels for the use of the Cable System to sell merchandise as prorated to include such revenue attributable to the Cable System in the Town based on the number of Subscribers; advertising revenues as prorated to include such revenue attributable to the Cable System in the Town based on the number of Subscribers; and all fees imposed on the Licensee by this License and applicable law that are passed through and paid to the Licensee by Subscribers (including the License Fee, PEG Access Support and PEG Grant). For the avoidance of doubt, Gross Revenue shall include the amount of Licensee’s gross advertising revenue (i.e., without netting advertising commissions paid to third parties), calculated in accordance with generally accepted accounting principles. Gross Revenue shall include revenue of an Affiliate only to the extent that such Affiliate revenue relates to the provision of Cable Services over the Cable System in the Town, and not the revenues of any such Affiliate that are not related thereto. In no event shall revenue of an Affiliate be Gross Revenue to the Licensee if such revenue is otherwise subject to Franchise Fees to be paid to the Issuing Authority. Notwithstanding and without limiting the 4 Town of Reading Cable Television Renewal License foregoing, Gross Revenue as defined herein shall include all revenues of the Licensee derived from the provision of Cable Services in the Town, including revenues from services provided to customers in the Town that are, at the time of such provision, classified as Cable Services by federal law, the FCC or a court of competent jurisdiction as Cable Services subject to Franchise Fees (including without limitation the quarterly PEG Access support fees set forth in Section 5.4.1). If Cable Services are provided to Subscribers in conjunction with Non-Cable Services, nothing herein shall prevent the Licensee from allocating a greater amount of the combined revenue to Cable Services than is otherwise provided pursuant to GAAP. Provided, however, that Gross Revenue shall not include: 1.17.1. Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by Licensee to provide Cable Service over the Cable System, except for revenues derived from the operation of the Cable System to provide Cable Service in the Town; 1.17.2. Bad debts written off by Licensee in the normal course of its business, provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected; 1.17.3. Refunds, rebates or discounts made to Subscribers or other third parties; 1.17.4. Any revenues classified as Non-Cable Services revenue under federal or State law including, without limitation, revenue received from Telecommunications Services; or revenue received from Information Services, including, without limitation, Internet Access Service, electronic mail service, electronic bulletin board service, or similar online computer services; 1.17.5. Any revenue of Licensee or any other Person which is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, notwithstanding that portion of such revenue which represents or can be attributed to a Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise, which portion shall be included in Gross Revenue; 1.17.6. Revenues from the sale of Cable Services on the Cable System to a reseller, when the reseller is required by law to pay (and does pay) Franchise Fees and/or other cable license fees to the Town on the resale of the Cable Services. Nothing under this Section is intended to limit the rights of the Town pursuant to Section 622(h) of the Communications Act (47 U.S.C. § 542(h)); 1.17.7. Any non-cable service-related license fees and any tax of general applicability imposed by a Town, state, federal or any other governmental entity and required to be collected from Subscribers by Licensee and remitted to the taxing entity (including, but not limited to, sales/use taxes) 1.17.8. Any revenue foregone as a result of the Licensee’s provision of free or reduced cost Cable Services as required by this License to any Person, including without 5 Town of Reading Cable Television Renewal License limitation, employees of Licensee and public institutions or other institutions as required or permitted herein and to other customers which are exempt, as required or allowed by the Town; provided, however, that such foregone revenue which Licensee chooses not to receive in exchange for trades, barters, services or other items of value shall be included in Gross Revenue; 1.17.9. Revenues from the sales of capital assets or sales of surplus equipment; 1.17.10. Program launch fees; and 1.17.11. Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement and electronic publishing. 1.18. Information Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. § 153(24). 1.19. High-Definition (HD) PEG Access Channel: A PEG Access Channel in the high-definition display format for digital television transmissions with video transmitted in a 16:9 aspect ratio with a resolution of 720p or such higher resolution as determined by the Licensee in its sole discretion. 1.20. Internet Access Service: Dial-up or broadband access service that enables Subscribers to access the Internet. 1.21. Issuing Authority: The Select Board of the Town of Reading. 1.22. License Fee: The payments to be made by the Licensee to the Town, which shall have the meaning as set forth in Section 9 of the Massachusetts Cable Law. 1.23. Licensee: Verizon New England Inc., and its lawful and permitted successors, assigns and transferees. 1.24. Massachusetts Cable Law: Chapter 166A of the General Laws of the Commonwealth of Massachusetts. 1.25. Non-Cable Services: Any service that does not constitute the provision of Cable Services, including, but not limited to, Information Services and Telecommunications Services. 1.26. Normal Business Hours: Those hours during which Licensee’s retail locations in the community are open to serve customers. In all cases, “normal business hours” must include some evening hours at least one night per week and/or some weekend hours. 1.27. Normal Operating Conditions: Those service conditions which are within the control of the Licensee. Those conditions which are not within the control of the Licensee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are within the control of the Licensee include, but are not limited to, special promotions, pay-per-view 6 Town of Reading Cable Television Renewal License events, rate increases, regular peak or seasonal demand periods, and maintenance or rebuild of the Cable System. See 47 C.F.R. § 76.309(c)(4)(ii). 1.28. PEG: Public, educational, and governmental. 1.29. PEG Access Channel: An Access Channel made available to the Town and/or the PEG Access Designee for PEG Access Programming pursuant to the terms of this License and managed by the Issuing Authority and/or its PEG Access Designee(s). 1.30. PEG Access Designee: Any entity designated by the Issuing Authority for the purpose of owning and/or operating the equipment and facilities used in the production and/or broadcast of PEG Access Channel programming for the Issuing Authority, including but not limited to, any Access Corporation. 1.31. Person: An individual, partnership, association, joint stock company, trust, corporation, or governmental entity. 1.32. Public Access Channel: An Access Channel provided to the Town pursuant to the terms and conditions of this License and available for the non-commercial use by the residents in the Town and managed by the Issuing Authority and/or its PEG Access Designee 1.33. Public Rights-of-Way: The surface and the area across, in, over, along, upon and below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways, alleys, and boulevards, including, public utility easements and public lands and waterways used as Public Rights-of-Way, as the same now or may thereafter exist, which are under the jurisdiction or control of the Town. 1.34. Service Area: The entire existing territorial limits of the Town. 1.35. Service Interruption: The loss or degradation of picture or sound on one or more cable Channels. 1.36. State: The Commonwealth of Massachusetts. 1.37. Subscriber: A Person who lawfully receives Cable Service in the Town. 1.38. Telecommunications Facilities: Licensee’s existing Telecommunications Services and Information Services facilities, including the FTTP Network. 1.39. Telecommunication Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. § 153(53). 1.40. Title II: Title II of the Communications Act, Common Carriers. 1.41. Title VI: Title VI of the Communications Act, Cable Communications, 1.42. Town: The Town of Reading. 1.43. Transfer: Any transaction in which: 7 Town of Reading Cable Television Renewal License 1.43.1. an ownership or other interest in Licensee is transferred or assigned, directly or indirectly, from one Person or group of Persons to another Person or group of Persons, so that Control of Licensee is transferred; or 1.43.2. the rights held by Licensee under the License are transferred or assigned to another Person or group of Persons. 1.44. Video Programming: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(20). 1.45. Video Service Provider or VSP: Any entity using any portion of the Public Rights-of-Way to provide Video Programming services to multiple subscribers within the territorial boundaries of the Town, regardless of the transmission method, facilities or technologies used. 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS 2.1. Grant of Authority: Subject to the terms and conditions of this License and the Massachusetts Cable Law, the Issuing Authority hereby grants the Licensee the right to operate and maintain a Cable System along the Public Rights-of-Way within the Town, for the purpose of providing Cable Service. Reference in this License to "Public Rights-of-Way" shall not be construed to be a representation or guarantee by the Town that its property rights are sufficient to permit its use for any purpose, or that the Licensee shall gain or be permitted to exercise any rights to use property in the Town greater than those already possessed by the Town or which is inconsistent with the purposes for which it was taken, purchased and/or dedicated. This License grants no authority for the Licensee to use the Public Rights-of-Way within the Town for any other purpose unless otherwise provided herein. However, nothing in this License shall be construed to prohibit the Licensee from offering any service over the Cable System that is not prohibited by federal or State law provided that any requirements for Town authorization or permitting not inconsistent with federal and State law are satisfied. The Licensee’s FTTP Network in the Public Rights-of-Way, which the Licensee has upgraded under its Title II authority, is subject to M.G.L. c. 166 and as such is subject to regulation by the Town consistent with that law, including all lawful and applicable Town bylaws and regulations regarding rights - of-way and public works matters, including rights-of-way management requirements with regard to public safety and other legitimate municipal concerns. Nothing in this Section 2.1 shall be deemed to prohibit the right of the Licensee to challenge the legality of such a Town bylaw or regulation. No privilege or power of eminent domain is bestowed by this grant; nor is such a privilege or power bestowed by this License. 2.2. Issuing Authority Does Not Regulate Telecommunications: The parties recognize that the Licensee’s FTTP Network is constructed, operated and maintained as an upgrade to and/or extension of its existing Telecommunications Facilities for the provision of Non-Cable Services. The jurisdiction of the Town over such Telecommunications Facilities is restricted by federal and State law, and the Town does not assert jurisdiction over the Licensee’s FTTP Network in contravention of those limitations. Therefore, the Issuing Authority’s regulatory authority under Title VI is not applicable to the construction, installation, maintenance or operation of the FTTP Network to the extent the FTTP Network is constructed, installed, 8 Town of Reading Cable Television Renewal License maintained and operated for the purpose of upgrading and/or extending Verizon’s existing Telecommunications Facilities for the provision of Non-Cable Services 2.3. Term: The term of this License shall be for a period of five (5) years, commencing on July 20, 2021 (the “Effective Date”), and shall expire at midnight on July 19, 2026, unless the License is earlier terminated by Licensee pursuant to the terms of this License. 2.4. Termination: Notwithstanding any provision herein to the contrary, Licensee may terminate this License upon two hundred and seventy (270) days’ written notice to the Issuing Authority. Licensee shall not provide the notice of termination sooner than the beginning of the 28th month following the Effective Date. 2.5. Modification/Termination Based on VSP Requirements: 2.5.1. If the Issuing Authority enters into any franchise, agreement, license, or grant of authorization to a VSP to provide Video Programming services to residential subscribers in the Town with terms or conditions materially less burdensome than those imposed by this License, Licensee and the Issuing Authority shall, within sixty (60) days of the Issuing Authority’s receipt of Licensee’s written notice, commence negotiations to modify this License’s terms and conditions so that those terms and conditions are not materially more burdensome than the license terms and conditions for such other VSP. Any modification of the License pursuant to the terms of this section shall not trigger the requirements of 207 CMR 3.07. The PEG Access Support, as provided in Section 5.4, will not be subject to modification under this Section 2.5.1 or 2.5.2. Any notice given to the Town by Licensee pursuant to this section shall specify the specific provisions of the franchise, agreement, license, or grant of authorization that Licensee believes to be materially more burdensome than the terms or conditions of this License. Licensee shall respond to all reasonable information requests from the Town as may be necessary to review the same. 2.5.2. In the event the parties do not reach mutually acceptable agreement on a modification subject to the criteria above, Licensee shall, at any time and in its sole discretion, have the option of exercising an y of the following actions: a. commencing license renewal proceedings in accordance with 47 U.S.C. § 546 with the License term being accelerated, thus being deemed to expire thirty-six (36) months from the date of Licensee’s written notice to seek relief hereunder; b. terminating the License no sooner than three (3) years from written notice to the Issuing Authority; c. if agreed by both parties, submitting the matter to commercial arbitration by a mutually-selected arbitrator in accordance with the rules of the American Arbitration Association; or d. submitting the matter to mediation by a mutually-acceptable mediator. 9 Town of Reading Cable Television Renewal License 2.5.3. PEG Access Support payments under this License shall be modified in accordance with the terms and conditions set forth in Section 5.4 hereunder. 2.6. Grant Not Exclusive: This License and the rights granted herein to use and occupy the Public Rights-of-Way to provide Cable Services shall not be exclusive, and the Issuing Authority reserves the right to grant other licenses for similar uses or for other uses of the Public Rights-of-Way, or any portions thereof, to any Person, or to make any such use themselves, at any time during the term of this License. Any such rights shall not be in conflict with the authority as granted by this License. Disputes between the Licensee and other parties regarding use of Public Rights-of-Way shall be resolved in accordance with applicable law. 2.7. License Subject to Federal and State Law: Notwithstanding any provision to the contrary herein, this License is subject to and shall be governed by all applicable provisions of federal and State law and regulations as they may be amended, including but not limited to the Communications Act and the Massachusetts Cable Law. 2.8. Compliance with Federal and State Privacy Laws: Licensee shall comply with the privacy provisions of Section 631 of the Communications Act and all other applicable federal and State privacy laws and regulations. The parties agree that, during the term hereof, Licensee shall not be subject to any local laws or ordinances which conflict with such applicable federal and/or State privacy laws, or which would impose additional or distinct requirements upon Licensee with respect to Subscriber privacy other than those which are expressly set forth in applicable federal and/or State privacy laws. 2.9. No Waiver: 2.9.1. The failure of the Issuing Authority on one or more occasions to exercise a right or to require compliance or performance under this License, the Massachusetts Cable Law or any other applicable law, bylaw or lawful regulation shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the Issuing Authority, nor to excuse Licensee from complying or performing, unless such right or such compliance or performance has been specifically waived in writing by the Issuing Authority. 2.9.2. The failure of the Licensee on one or more occasions to exercise a right under this License or applicable law, or to require performance under this License, shall not be deemed to constitute a waiver of such right or of performance of this License, nor shall it excuse the Issuing Authority from performance, unless such right or performance has been specifically waived in writing by the Licensee. 2.10. Construction of License: 2.10.1. The provisions of this License shall be construed to effectuate their objectives. 2.10.2. Nothing herein shall be construed to limit the scope or applicability of Section 625 of the Communications Act, 47 U.S.C. § 545. 10 Town of Reading Cable Television Renewal License 2.10.3. Should any change to local bylaws, rules or regulations cause the Licensee’s provision of Cable Services in the Town to be commercially impracticable, then the parties shall modify this License to the mutual satisfaction of both parties to ameliorate such commercial impracticability. If the parties cannot reach agreement on the above -referenced modification to this License, then, at the Licensee’s option the parties shall submit the matter to binding arbitration. 2.11. Police Powers: The Town shall not enact any bylaws that are inconsistent with this License, provided however that nothing in this License shall be const rued to prohibit the reasonable, necessary and lawful exercise of the Town’s police powers. However, if the reasonable, necessary and lawful exercise of the Town’s police powers causes the Licensee’s provision of Cable Services in the Town to be commercially impracticable, then the parties shall modify this License to the mutual satisfaction of both parties to ameliorate such commercial impracticability. If the parties cannot reach agreement on the above -referenced modification to this License, then, at the Licensee’s option, the parties shall submit the matter to binding arbitration. 3. PROVISION OF CABLE SERVICE 3.1. Service Area: 3.1.1. Subject to the issuance of all necessary permits by the Town, the Licensee shall continue to offer Cable Service to all residential households in the Service Area, except: (A) for periods of Force Majeure; (B) for periods of delay caused by the Town; (C) for periods of delay resulting from Licensee’s inability to obtain authority to access rights-of-way in the Town; (D) in areas where developments or buildings are subject to claimed exclusive arrangements with other providers; (E) in areas, developments, buildings or other residential dwelling units that Licensee cannot obtain permission to access under reasonable terms and conditions after good faith negotiation, as reasonably determined by Licensee; (F) in areas, developments, buildings or other residential dwelling units where Licensee is unable to provide Cable Service for technical reasons or which require non-standard facilities which are not available on a commercially reasonable basis, including, but not limited to, circumstances where Licensee cannot access the area, development, buildings or other residential dwelling units by using Licensee’s existing network pathways and which would thus require the construction of new trunk, feeder, or distribution lines; (G) where the Licensee determines, in good faith, that providing such service is not commercially reasonable; or (H) in areas where the occupied residential household density does not meet the density requirement set forth in Section 3.1.2. 3.1.2. Density Requirement: Subject to 3.1.1, Licensee shall make Cable Services available to residential dwelling units in all areas of the Town where the average density is equal to or greater than ten (10) occupied residential dwelling units per mile for aerial plant and fifteen (15) occupied residential dwelling units per mile for underground plant, in each case as measured in strand footage from the nearest technically feasible point on the active FTTP trunk or feeder line. 3.2. Availability of Cable Service: Licensee shall make Cable Service available to all residential dwelling units, and may make Cable Service available to businesses, 11 Town of Reading Cable Television Renewal License within the Town in conformance with Section 3.1 and Licensee shall not discriminate between or among any individuals in the availability of Cable Service. In the areas in which Licensee provides Cable Service, the Licensee shall be required to connect, at Licensee’s expense other than a standard installation charge, all residential dwelling units that are within one hundred fifty (150) feet of trunk or feeder lines not otherwise already served by Licensee’s FTTP Network. Where a residential connection exceeds such length, the Licensee shall be allowed to recover from such Subscriber the actual cost of connection attributable to the distance in excess of one hundred fifty (150) feet. 3.3. Availability of Cable Service To Businesses: The Licensee may make Cable Service available to businesses. The Licensee may recover the actual cost incurred to connect any business to the Cable System for the provision of Cable Service. 3.4. Cable Service to Public Buildings: In accordance with applicable provisions of the FCC’s 2019 Third Report and Order In the Matter of Implementation of Section 621 of the Cable Act (the “621 Order”), within a reasonable period of time following the Effective Date, the Licensee shall provide written notice to the Issuing Authority regarding the manner and process by which the parties shall implement the 621 Order’s requirements regarding the provision of free or discounted Cable Service to public buildings pursuant to a cable franchise. If there is a final determination or ruling of any agency or court having jurisdiction, after exhaustion of all appeals related thereto, reversing the 621 Order such that the provision of free or discounted Cable Service to public buildings pursuant to a cable franchise should no longer be included in the calculation of franchise fees subject to the five percent (5%) statutory cap under the Communications Act, then, subject to Section 3.1, if requested in writing by the Issuing Authority within sixty (60) days following such ruling, Licensee shall provide, without charge, one Cable Service drop, outlet and monthly Basic Service along its activated Cable System route in the Town to public schools, police and fire stations, public libraries and other municipal public buildings designated in writing by the Issuing Authority and set forth in Exhibit A. The Licensee shall coordinate the location of each outlet with representatives for each of the buildings receiving service pursuant to this Section 3.4. The parties hereto agree that the exercise of any conditional obligations set forth in this Section 3.4 shall not constitute a modification or amendment of the License within the meaning of 207 CMR 3.07. 4. SYSTEM FACILITIES 4.1. System Characteristics: Licensee’s Cable System shall meet or exceed the following requirements and/or have at least the following characteristics: 4.1.1. The Cable System shall be operated with an initial digital passband of 54-863 MHz. 4.1.2. The Cable System shall be operated to be an active two-way plant for subscriber interaction, if any, required for the selection or use of Cable Service. 4.1.3. The Cable System shall comply with applicable FCC technical standards, as such standards may be amended from time to time. 12 Town of Reading Cable Television Renewal License 4.1.4. The Cable System shall conform in all material respects to the following standards to the extent applicable: Occupational Safety and Health Administration regulations, the Massachusetts Electrical Code, the National Electrical Code, the National Electrical Safety Code, the Massachusetts State Building Code, and the rules and regulations of the Cable Division and the FCC. 4.2. Interconnection With Other Cable Systems: 4.2.1 The Licensee shall operate its Cable System so that it may be interconnected with other cable systems in the Town. Interconnection of systems may be made by direct cable connection, microwave link, satellite, or other appropriate methods. 4.2.2 The Licensee shall in good faith cooperate with the Issuing Authority in implementing interconnection of the Cable Service with communications systems beyond the boundaries of the Town; provided that the cost of any such interconnection shall be borne by the Issuing Authority and/or the party seeking such interconnection. 4.3. Emergency Alert System: Licensee shall comply with the Emergency Alert System (“EAS”) requirements of the FCC and applicable State and local EAS plans in order that emergency messages may be distributed over the Cable System. 4.4. Parental Control Capability: The Licensee shall comply with all applicable requirements of federal law(s) governing Subscribers' capability to control the reception of any channels being received on their television sets. 5. PEG ACCESS SERVICES AND SUPPORT 5.1. PEG Access Channel: 5.1.1. The Licensee shall continue to make available to the Issuing Authority and/or the PEG Access Designee as designated in writing by the Issuing Authority, capacity for three (3) SD PEG Access Channels on its Basic Service Tier. In accordance with Section 5.1.2 below, the Issuing Authority may also request one (1) HD PEG Access Channel for a total of four (4) PEG Access Channels. 5.1.2. In addition to the three (3) SD PEG Access Channels referenced above, the Licensee shall make one (1) HD PEG Access Channel available to the Issuing Authority and/or the PEG Access Designee, as designated in writing by the Issuing Authority, as follows: Starting on the Effective Date of this License, the Issuing Authority may make a written request for such an HD PEG Access Channel to the Licensee. Upon receipt of the Issuing Authority’s written request, the Licensee shall make such an HD PEG Access Channel available to the Issuing Authority or at the discretion of the Issuing Authority to the PEG Access Designee within two hundred seventy (270) days of the Licensee’s receipt of such written notice from the Issuing Authority. The Issuing Authority shall include in its written notice a statement of whether the programming of such HD PEG Access Channel shall either be a simulcast of existing SD PEG Access Channel programming in HD or distinct programming. The Issuing Authority or its PEG Access Designee may subsequently change the programming on the HD PEG Access Channel from an SD PEG Access Channel simulcast in HD to distinct 13 Town of Reading Cable Television Renewal License programming, or from distinct programming to an SD PEG Access Channel simulcast in HD, upon one hundred eighty (180) days prior written notice from the Issuing Authority to the Licensee which change shall not occur more than once during the License term. To the extent permitted by law, the Licensee shall be allowed to recover from Subscribers applicable costs incurred to transmit HD PEG Access Channel programming of any type. 5.1.3. All programming content for the HD PEG Access Channel shall be transmitted to Licensee in HD-SDI format with a resolution consistent with the definition of “High Definition” in Section 1.18 above. The Issuing Authority expressly acknowledges that an HD PEG Access Channel may not be available at all times during the term of this License on Licensee’s Basic Service Tier and that in order to view the HD PEG Access Channel, a Subscriber may be required to upgrade equipment at an additional charge. 5.1.4. The Issuing Authority hereby authorizes the Licensee to transmit PEG Access programming within the Town’s jurisdictional boundaries and outside the Town’s jurisdictional boundaries to other areas that are served out of the same central offices of the Licensee as those that serve the Town. Licensee shall assign the PEG Channels on its chan nel line-up as set forth in Exhibit B to the extent such channel assignments do not interfere with Licensee’s existing or planned channel line-up or Licensee’s contractual obligations, provided however, that the Licensee specifically reserves the right in its sole discretion to assign and/or reassign channel number and location for any and all PEG Access Channels . If a PEG Access Channel provided under this Article is not being utilized by the Town or its designee for a period of 120 days, the Licensee may utilize such PEG Access Channel, in its sole discretion, until such time as the Town elects to utilize the PEG Channel for its intended purpose. In the event that the Town determines to again use such PEG capacity, the Town shall provide Licensee with 120 days’ prior written notice. 5.2. PEG Interconnection and Cablecasting: The Licensee shall continue to connect to equipment owned by the Town and/or the PEG Access Designee at the Town Hall (16 Lowell Street, Reading MA) (the “PEG Interconnection Site”). The Issuing Authority or, if designated by the Issuing Authority in writing to Licensee, the Town’s PEG Access Designee, shall be required to pay Licensee for all costs associated with: (i) any equipment upgrade where the need for the upgrade is initiated by the Issuing Authority or PEG Access Designee; (ii) relocating any connection where the need for relocation is initiated by the Issuing Authority or its PEG Access Designee; (iii) re-installing and/or replacing any connection at an existing location where the need for such re-installation and/or replacement is initiated by the Issuing Authority or its PEG Access Designee; or (iv) installing any new connection if initiated by the Issuing Authority or its PEG Access Designee; provided, however, that Iss uing Authority and/or PEG Access Designee responsibility for the foregoing costs is subject to the Issuing Authority’s express written consent, and subject further to Licensee’s prior disclosure of such costs and prior consent to same by the Issuing Authority or its PEG Access Designee. The demarcation point between the Licensee’s signal processing equipment (which the Licensee shall own, install and maintain) and the Town's PEG equipment shall be at the output of the Town's signal processing equipment at the Interconnection Site. The Town and/or the PEG Access Designee shall be solely responsible for operating its switching equipment and the picture and audio quality of all PEG access programming up to the 14 Town of Reading Cable Television Renewal License demarcation point and for ensuring all PEG access programming is inserted on the ap propriate upstream PEG Access Channel. All PEG access programming shall be transmitted to the Licensee in baseband, SD-SDI or HD-SDI format with either mono or stereo audio signals, and with signals received by Licensee in stereo cablecast by Licensee in s tereo. Notwithstanding the foregoing, the Licensee shall not be obligated to provide the Town or its PEG Access Designee with either cablecast equipment and facilities or the personnel responsible for maintaining and operating equipment and facilities on the Town’s side of the demarcation point and used to generate or administer any PEG Access signals, except as necessary to implement the Licensee’s responsibilities specified herein. The Issuing Authority and the Licensee shall work together in good faith to resolve any connection issues. If the Issuing Authority issues a license to, or renews a license with, a competing VSP, the competing VSP may not connect its system to Licensee’s System for the purposes of obtaining PEG access programming from the PEG Access Channel transmitted on Licensee’s System without Licensee’s prior written consent. 5.2.1. The Licensee shall monitor the PEG Access Channel for technical quality and shall ensure that it is maintained at standards the same or better than those which apply to the Cable System's commercial channels of similar format and resolution, provided, however, that the Licensee is not responsible for the production quality of PEG Access programming productions, nor for any deficiencies in the source signal it receives from any party over which the Licensee has no control. 5.3. PEG Grant: 5.3.1. Licensee shall pay to the Issuing Authority a PEG Grant to be used for PEG Access Channel capital funding purposes (the “PEG Grant”), as follows: Within forty-five (45) days of the Effective Date Licensee shall pay to the Issuing Authority the sum of Forty-eight Thousand Seven Hundred and Fifty Dollars ($48,750). Two additional payments in the same dollar amount of Forty-eight Thousand Seven Hundred and Fifty Dollars ($48,750) shall be paid by the Licensee to the Issuing Authority on the first and second anniversaries of the Effective Date of the License. 5.3.2. Licensee shall be allowed to submit or correct any payments that were incorrectly omitted, and shall be refunded any payments that were incorrectly submitted, in connection with the PEG Grant remittances within ninety (90) days following the PEG Grant payment date for which such payments were applicable. Any such refund shall be requested in writing by Licensee and shall include an itemized account of the basis of the refund requested. The PEG Grant shall not be counted against either the PEG Access Support payment required by Section 5.4, or any Licensee Fee required by Section 6.1. The Issuing Authority and/or PEG Access Designee shall have no obligation to maintain, repair, replace or insure any equipment or facilities purchased with the PEG Grant. 5.4. PEG Access Support: 5.4.1. The Licensee shall provide annual funding to the Issuing Authority and/or its PEG Access Designee(s) for PEG Access Channel operating support or other PEG Access Channel costs and expenses (“PEG Access Support”) in the amount of five percent 15 Town of Reading Cable Television Renewal License (5.0%) of the Licensee's annual Gross Revenue, subject to the limitation in Section 6.2; however, if the Town issues or renews any cable licenses after the Effective Date that provide for PEG access support payments in a lesser percentage of Gross Revenue as specified in this License, then the percentage of the Licensee’s PEG Access Support payments shall be reduced to match such lower percentage over that same time period. The Issuing Authority shall place Licensee’s PEG Access Support payments in a restricted account for cable related purposes in the nature of a grant account and not into the general fund, which account will be under the Issuing Authority’s control. 5.4.2. The PEG Access Support payments (Section 5.4.1) shall be made no later than forty-five (45) days following the end of each calendar quarter. Each such payment shall be accompanied by a Gross Revenue report documenting, in reasonable detail, the Licensee’s Gross Revenue as defined in Section 1.17. The Licensee shall be allowed to provide an extra payment if needed to correct any payments that were incorrectly omitted, and shall have the right to offset against future payments any payments that were incorrectly submitted, in connection with the quarterly remittances within ninety (90) days following the close of the calendar quarter for which such payments were applicable. For purposes of the PEG Access Support payment, the period for determining Gross Revenues shall be the preceding calendar quarter. 5.5. PEG Operational Rules: The Issuing Authority or its PEG Access Designee shall require all local producers and users of any of the PEG facilities or Channels to agree in writing to authorize the Licensee to transmit programming consistent with this License. The Issuing Authority or its PEG Access Designee shall establish rules and regulations for use of PEG facilities consistent with, and as required by, Section 611 of the Communications Act (47 U.S.C. § 531). 5.6. Recovery of Costs. To the extent permitted by federal law, the Licensee shall be allowed to recover the costs of PEG interconnection (Section 5.2), the PEG Grant (Section 5.3), and PEG Access Support payments (Section 5.4.1), and any other costs arising from the provision of PEG services and related payments, required by this License, from Subscribers and to include such costs as a separately billed line items on each Subscriber’s bill. 5.7. Late Payments: In the event that the PEG Grant (Section 5.3), the PEG Access Support fee (Section 5.4) or the License Fee (Section 6.1) is not paid on or before the due date set forth in this License for such payments, then interest shall accrue from the due date until the date paid at the rate equal to the lesser of (i) two percent (2%) per annum above the Prime Rate, as published in the Wall Street Journal, or (ii) eighteen percent (18%) per annum, in either case compounded annually. 5.8. Listing of PEG Access Channel On Licensee’s Electronic Program Guide: If the Licensee lists PEG Access Channel program content titles on its electronic program guide in any other municipality in the State (other than on a test or trial basis), then it shall, upon written request, discuss in good faith with the Issuing Authority the technical feasibility and commercial reasonability of listing the Town’s PEG Access Channel program content titles on the Licensee’s electronic program guide; however, the Licensee shall not be required to list the Town’s PEG Access Channel program content titles on its electronic program guide. 16 Town of Reading Cable Television Renewal License 5.9. PEG Access Channel Video-On-Demand: If the Licensee provides any other municipality in the State with PEG Access Channel programming “video-on-demand” (VOD) (other than on a test or trial basis), then it shall, upon written request, discuss in good faith with the Issuing Authority the technical feasibility and commercial reasonability of providing PEG Access Channel programming VOD in the Town; however, the Licensee shall not be required to provide PEG Access Channel programming VOD in the Town. 5.10. Censorship: Subject to Section 611(e) of the Communications Act (47 U.S.C. §531(e)), the Licensee shall comply with applicable federal laws restricting censorship or control of the content of PEG Access programming over the Cable System. 5.11. Non-Commercial Programming: The Issuing Authority or its PEG Access Designee shall not use the PEG Access Channel to provide for-profit commercial programming. Nothing in this Section 5.11 shall prohibit the Issuing Authority or its PEG Access Designee from having memberships, sponsorships, underwriting or acknowledgements (such as underwriting and acknowledgements accepted by PBS), to the extent not otherwise prohibited by applicable law and regulation. 5.12. No PEG Access Designee Rights: The Issuing Authority and the Licensee herein acknowledge and agree that any PEG Access Designee is not a party to this License and that any provisions herein that may affect a PEG Access Designee are not intended to create any rights on behalf of any PEG Access Designee. 6. FRANCHISE AND LICENSE FEES 6.1. License Fee: Pursuant to Massachusetts Cable Law, (M.G.L. c. 166A, Section 9), the Licensee shall pay to the Town, throughout the term of this License, a license fee equal to fifty cents ($.50) per Subscriber per year (the “License Fee ”), or such other amount as may in the future be designated by applicable State law. 6.2. Maximum Franchise Fee Obligation: The Licensee shall not be liable for a total Franchise Fee, pursuant to this License and applicable law in excess of five percent (5%) of annual Gross Revenues (as defined in Section 1.17 above). 6.3. Payment Information: In determining the License Fee, the number of Subscribers shall be measured as of December 31st of the preceding calendar year. The License Fee shall be paid no later than March 15th of each year during the term of this License. 6.4. Limitation on Actions: The parties agree that the period of limitation for recovery of any payment obligation under this License shall be three (3) years from the date on which payment by Licensee is due. 6.5. Method of Payment: The PEG Grant, the PEG Access Support and the License Fee shall be made payable to the Town and provided to the Issuing Authority, unless the Licensee is otherwise notified in writing by the Issuing Authority. 6.6. Other Payment Obligations and Exclusions: 17 Town of Reading Cable Television Renewal License 6.6.1. Unless otherwise required by applicable law, the License Fee and Franchise Fee payments shall be in addition to and shall not constitute an offset or credit against any and all taxes or other fees or charges of general applicability which Licensee or an y Affiliate shall be required to pay to the Town, or to any State or federal agency or authority, as required herein or by law; the payment of said taxes, fees or charges shall not constitute a credit or offset against the License Fee or Franchise Fee payments all of which shall be separate and distinct obligations of the Licensee and each Affiliate. 6.6.2. In accordance with Section 622(h) of the Communications Act (47 U.S.C. §622(h)), nothing in the Communications Act or this License shall be construed to limit any authority of the Issuing Authority to impose a tax, fee or other assessment of any kind on any Person (other than the Licensee) with respect to Cable Service or other communications service provided by such Person over the Cable System for which charges are assessed to Subscribers but not received by the Licensee. For any twelve (12) month period, the fees paid by any such Person with respect to any such Cable Service or other communications service shall not exceed five percent (5%) of such Person’s gross revenues derived in such period from the provision of such service over the Cable System. 6.7. Affiliates Use of System: Use of the Cable System and the provision of Cable Services within the Town by Affiliates shall be in compliance with applicable federal and State laws and regulations. 6.8. Re-computation: 6.8.1. Tender or acceptance of any payment made pursuant to Article 5 or 6 shall not be construed as an accord that the amount paid is correct, nor shall such acceptance of payment be construed as a release of any claim that the Issuing Authority may have for additional sums, including interest payable under this Section 6.8. 6.8.2. If the Issuing Authority has reason to believe that any such payment is incorrect, it may notify the Licensee thereof in writing within ninety (90) business days after receiving such payment. Licensee shall then have ninety (90) business days after receipt of such notice to provide the Town with additional information documenting the accuracy of such payment. In the event that the Issuing Authority does not reasonably believe that such documentation supports the accuracy of such payment, then the Issuing Authority may conduct an audit of such payment. The Licensee shall provide the Issuing Authority or its qualified representative(s) all records which the Issuing Authority or such qualified representative(s) reasonably deem necessary or relevant to determine the accuracy of a payment or its re- computation, subject to the provisions of Article 8 below. 6.8.3. If, after such audit and re-computation, an additional fee is owed to the Town, such fee shall be paid within thirty (30) business days after such audit and re- computation. The interest on such additional fee shall be charged from the due date at the rate equal to the lesser of (i) two percent (2%) per annum above the Prime Rate, or (ii) eighteen percent (18%) per annum, in either case compounded annually. If, after such audit and re-computation, the Licensee has overpaid, such overpayment shall be credited against the next respective payment to the Town and/or its designee(s), without interest charges of any kind. 18 Town of Reading Cable Television Renewal License 7. CUSTOMER SERVICE Customer Service Requirements are set forth in Exhibit C, which shall be binding unless amended by written consent of the parties. Licensee shall comply with the billing and termination of service provisions set forth in 207 CMR 10.00, as amended, which shall supersede any conflicting provisions set forth in Exhibit C. 8. REPORTS AND RECORDS AND PERFORMANCE EVALUATIONS 8.1. Open Books and Records: With no less than thirty (30) business days prior written notice to the Licensee, the Issuing Authority or its designated authorized representative(s) shall have the right to inspect at an office of the Licensee, the Licensee’s books and records including all documents in whatever form maintained, including electronic media, pertaining to the Licensee’s provision of Cable Service in the Town at any time during Licensee’s regular business hours and on a nondisruptive basis, as are reasonably necessary to ensure compliance with the terms of this License. Such notice shall specifically reference the section or subsection of this License that is under review, so that the Licensee may organize the necessary books and records for appropriate access by the Issuing Authority. The Licensee shall not be required to maintain any books and records for License compliance purposes longer than three (3) years, except if required by applicable law or regulation. If any books, records, Service Area maps, plans, or other requested documents are too voluminous, not available locally, or for security reasons cannot be copied and moved, then the Licensee may request that the inspection take place at the Licensee’s designated offices within the State (or other location mutually agreed to by the Issuing Authority and the Licensee), provided that (i) the Licensee must make necessary arrangements for copying documents selected by the Town after its review; and (ii) the Licensee must pay all travel and additional copying expenses incurred by the Town (above those that would have been incurred had the documents been produced in the Town) in inspecting those documents or having those documents inspected by its designee. 8.2. Proprietary Books and Records: If Licensee believes that the requested information is confidential and proprietary, the Licensee must provide the following documentation to the Town: (i) specific identification of the information; (ii) statement attesting to the reason(s) Licensee believes the information is confidential; and (iii) statement that the documents are available at the Licensee’s designated offices within the State for inspection by the Town. The Town shall take reasonable steps to protect the proprietary and confidential nature of any books, records, Service Area maps, plans, or other Town-requested documents that are provided to the extent they are designated as such by the Licensee in accordance herewith, including, without limitation, cooperating with the Licensee’s exercise of its rights to protect its confidential information from public disclosure. 8.3. Privacy: The Licensee shall take all reasonable steps required to ensure that it is able to provide the Town with all information that must be provided or may be requested under this License or applicable law, including the issuance of appropriate Subscriber privacy notices. The Licensee shall be responsible for redacting any data that applicable law prevents it from providing to the Town. Nothing in this Article 8 shall be read to require a Licensee to violate federal or State law protecting Subscriber privacy. 19 Town of Reading Cable Television Renewal License 8.4. Copying of Books and Records: The Town shall have the right to copy any such books and records, at the Town’s expense, except to the extent that the Town’s review as the Issuing Authority is prohibited pursuant to applicable law. 8.5. Complete and Accurate Records: The Licensee shall keep complete and accurate books of account and records of its business and operations under and in connection with the License. Unless otherwise provided in this License or by applicable law, all such materials and information shall be maintained for a period of three (3) years. Said records shall include, but not be limited to the following: 8.5.1. Records of all written complaints for a period of three (3) years after receipt by Licensee. The term “complaint” as used herein refers to complaints about any aspect of the Cable System or Licensee’s cable operations, including, without limitation, complaints about employee courtesy. Complaints recorded will not be limited to complaints requiring an employee service call; 8.5.2. Records of outages for a period of three (3) years after occurrence, indicating its date, duration and area; the number of Subscribers affected; the type of outage; and its cause; 8.5.3. Records of service calls for repair and maintenance for a period of three (3) years after resolution by Licensee, indicating the date and time service was required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was resolved; 8.5.4. Records of installation/reconnection and requests for service extension for a period of three (3) years after the request was fulfilled by Licensee, indicating the date of request, date of acknowledgment, and the date and time service was extended; and 8.5.5. A map showing the area of coverage for the provisioning of Cable Services. 8.6. Additional Reports: The Licensee shall, upon written request by the Issuing Authority, provide the Issuing Authority with a copy of any documents or forms filed by the Licensee with the FCC and/or the DTC that materially pertain to the Licensee’s Cable System in the Town. 8.7. Proof of Performance Tests: Upon written request of the Issuing Authority, the Licensee shall provide copies of performance tests required by applicable law. 8.8. Performance Evaluations: The Licensee, if requested in writing by the Issuing Authority, shall attend a performance evaluation hearing no more than once per year. Nothing in this Section 8.8 shall limit any rights that the Issuing Authority may have to conduct additional hearings and/or compel the Licensee’s attendance at such hearing. The Issuing Authority shall provide Licensee with the results of its performance evaluation in writing within sixty (60) days after the conclusion of such hearing. 20 Town of Reading Cable Television Renewal License 9. INSURANCE AND INDEMNIFICATION 9.1. Insurance: 9.1.1. The Licensee shall maintain in full force and effect, at its own cost and expense, during the term of this License, the following insurance coverage: 9.1.1.1. Commercial General Liability Insurance in the amount of five million dollars ($5,000,000) per occurrence for property damage and bodily injury. Such insurance shall cover the construction, operation and maintenance of the Cable System, and the conduct of the Licensee’s Cable Service business in the Town. 9.1.1.2. Automobile Liability Insurance in the amount of one million dollars ($1,000,000) combined single limit each accident for bodily injury and property damage coverage. 9.1.1.3. Workers’ Compensation Insurance meeting all legal requirements of the Commonwealth of Massachusetts and Employers’ Liability Insurance in the following amounts: (A) Bodily Injury by Accident: $100,000; and (B) Bodily Injury by Disease: $100,000 employee limit; $500,000 policy limit. 9.1.2. The Town shall be included as an additional insured as their interests may appear under this License on the Commercial General Liability Insurance and Automobile Liability Insurance required herein. 9.1.3. Upon receipt of notice from its insurer(s) the Licensee shall provide the Issuing Authority with thirty (30) days’ prior written notice of cancellation of an y required coverage. 9.1.4. Each of the required insurance policies shall be with insurers qualified to do business in the State of Massachusetts, with an A.M. Best Financial Strength rating of A- or better. 9.1.5. Upon written request, the Licensee shall deliver to the Issuing Authority Certificates of Insurance showing evidence of the required coverage. 9.2. Indemnification: 9.2.1. The Licensee shall, at its sole cost and expense, indemnify, hold harmless and defend the Town, its officials, officers, boards, committees, employees and agents, (hereinafter referred to as the “Town” for purposes of this Section 9.2) against any and all claims, suits, causes of action, proceedings, and judgments, whether for damages or otherwise arising out of or alleged to arise out of or from (i) the installation, operation, or maintenance of the Cable System, or (ii) the provision of Cable Services. Notwithstanding the foregoing, Licensee shall not indemnify the Town for any portion of damages, liability or claims resulting from the willful misconduct or negligence of the Town, its officers, agents, employees, or for any activity or function conducted by any Person other than Licensee, its officers, agents or employees, in connection with PEG Access or the Emergency Alert System. 21 Town of Reading Cable Television Renewal License 9.2.2. The Town shall provide the Licensee with timely written notice of a claim or action for which it seeks indemnification under this Section 9.2; provided that in any event the Town shall provide the Licensee with such written notice within a period of time that allows the Licensee to take action to avoid entry of a default judgment and does not prejudice the Licensee’s ability to defend the claim or action. 9.2.3. With respect to Licensee’s indemnity obligations set forth in this Article 9, Licensee shall, at its own expense, provide the defense of any claims, suits, causes of action, or proceedings brought against the Town by selecting counsel of Licensee’s choice to defend the claim, subject to applicable professional ethics laws and standards and the consent of the Town, which shall not unreasonably be withheld, delayed or conditioned. The Licensee shall, subject to the consent of the Issuing Authority as described herein, have the right to defend, settle or compromise any claim or action arising hereunder, so long as the settlement includes a full release of the Town with respect to the claim giving rise to Licensee’s indemnification obligation. In the event that the Town does not consent to the terms of any such settlement or compromise, the Licensee shall not settle the claim or action but its obligation to indemnify the Town shall in no event exceed the amount of the otherwise agreed upon settlement. 9.2.4. In the event that Licensee fails, after notice pursuant to Section 9.2.2, to undertake the Town’s defense of any claims encompassed within this Section 9.2, then the Town may provide a second written notice to the Licensee. In the event that the Licensee fails to undertake the Town’s defense within a reasonable time after receipt of said second notice, then Licensee’s indemnification obligation under this Section 9.2 shall include the Town’s costs of defending such claim, suit, cause of action or proceeding, including, but not limited to, reasonable attorneys’ fees. 9.2.5. Neither the provisions of this Section 9.2, nor any damages recovered by the Town shall be construed to limit the liability of the Licensee or its subcontractors for damages under this License or to excuse the faithful performance of obligations required by this License, except to the extent that any monetary damages suffered by the Town have been satisfied by a financial recovery under this section or other provisions of this License. 10. PERFORMANCE BOND 10.1. The Licensee shall provide to the Town, and shall maintain throughout the term of this License, a performance bond in the Town’s favor in the amount of fifty thousand dollars ($50,000) securing the performance of Licensee’s obligations under this License. The Town may not attempt to collect under this bond unless thirty (30) days have passed since the Town provided the Licensee with written notice of its intent to collect under this bond. If within this thirty (30) day timeframe, Licensee gives written notice it disputes entitlement to payments from Licensee for which it has refused to make payment, the parties shall promptly meet to attempt to resolve the dispute in good faith amongst themselves. 10.2. The performance bond shall be in substantially the same form as attached hereto as Exhibit D. The Licensee shall not permit the performance bond to expire or approach less than thirty (30) days prior to expiration without securing and delivering to the Town a 22 Town of Reading Cable Television Renewal License substitute, renewal or replacement bond in conformance with applicable law. The Licensee shall not materially change the terms of said bond without the prior written consent of the Issuing Authority. 10.3. There shall be recoverable by the Town from the principal and surety, any and all amounts due to the Town and any and all damages, losses, costs, and expenses incurred by the Town resulting from the failure of the Licensee to comply with the material provisions of this License, to comply with all orders, permits and directives of any Town agency or body having jurisdiction over its acts or defaults, to pay fees, penalties or liquidated damages due to the Town, or to pay any claims, taxes or liens due to the Town. Such losses, costs and expenses shall include but not be limited to reasonable attorney’s fees and other associated expenses, provided that the total of such losses, costs and expenses recovered from the bond shall not exceed the amount of Fifty Thousand Dollars ($50,000). 11. TRANSFER OF LICENSE 11.1. Town Approval Required: Subject to Section 617 of the Communications Act (47 U.S.C. §537) and Sections 11.2 and 11.3 below, Licensee shall not Transfer this License, voluntarily or involuntarily, directly or indirectly, to any other Person, without the prior written consent of the Issuing Authority, which consent shall not be arbitrarily or unreasonably withheld or delayed. Such consent shall be given only upon a written application therefore on forms prescribed by the Cable Division and/or the FCC. 11.2. No Consent Required For Transfers Securing Indebtedness: The Licensee shall not be required to file an application or obtain the consent or approval of the Town for a Transfer in trust, by mortgage, by other hypothecation, by assignment of any rights, title, or interest of the Licensee in this License, the Licensee or Cable System in order to secure indebtedness. However, the Licensee will notify the Town within thirty (30) business days if at any time there is a mortgage or security interest granted on substantially all of the assets of the Cable System. The submission of the Licensee’s audited financial statements prepared for the Licensee’s bondholders shall constitute such notice. 11.3. No Consent Required For Any Affiliate Transfers: Unless required by applicable federal or State law, the Licensee shall not be required to file an application or obtain the consent or approval of the Town for: any Transfer of an ownership or other interest in Licensee, the Cable System, or the Cable System assets to the parent of Licensee or to another Affiliate of Licensee; any Transfer of an interest in the License or the rights held by the Licensee under this License to the parent of Licensee or to another Affiliate of Licensee; any action which is the result of a merger of the parent of Licensee; or any action which is the result of a merger of another Affiliate of the Licensee. However, the Licensee will notify the Town within thirty (30) business days if at any time a Transfer covered by this Section 11.3 occurs. The transferee of any Transfer covered by this Section 11.3 shall be legally qualified to hold, and shall be bound by the terms and conditions of, this License. 11.4. Transfer Procedures: Subject to applicable law, the Licensee shall submit to the Issuing Authority an original and a cop y of the application and FCC Form 394 requesting any such Transfer consent. Pursuant to 207 CMR 4.03, the consent of the Issuing 23 Town of Reading Cable Television Renewal License Authority shall be given only after a public hearing to consider the written application for Transfer. The Issuing Authority shall have 120 days from the filing of a completed FCC Form 394 to take final action on it. After 120 days, the application shall be deemed approved, unless said 120 day period is extended pursuant to applicable law. 11.5. Non-Waiver: The consent or approval of the Issuing Authority to any Transfer shall not constitute a waiver or release of any rights of the Town under this License, whether arising before or after the date of said Transfer. 11.6. Transferee Subject to Terms and Conditions: In the event this License is transferred, the transferee shall be subject to and bound by all the terms, conditions and other provisions in this License. 12. RENEWAL OF LICENSE The Town and Licensee agree that any proceedings undertaken by the Town that relate to the renewal of this License shall be governed by and comply with the provisions of Section 626 of the Communications Act (47 U.S.C. § 546), and the applicable provision of the Massachusetts Cable Law. 13. ENFORCEMENT AND TERMINATION OF LICENSE 13.1. Notice of Violation: If at any time the Issuing Authority believes that Licensee has not complied with the terms of this License, the Issuing Authority shall informally discuss the matter with Licensee. If these discussions do not lead to resolution of the problem in a reasonable time, the Issuing Authority shall then notify Licensee in writing of the exact nature of the alleged noncompliance (for purposes of this Article, the “Noncompliance Notice”). 13.2. Licensee’s Right to Cure or Respond: The Licensee shall have thirty (30) days from receipt of the Noncompliance Notice to: (i) respond to the Issuing Authority, if Licensee contests (in whole or in part) the assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the event that, by its nature, such noncompliance cannot be cured within such thirty (30) day period, initiate reasonable steps to remedy such noncompliance as soon as reasonably possible and notify the Issuing Authority of the steps being taken and the date by which they are projected to be completed, all of which shall be to the reasonable satisfaction of the Issuing Authority. If the Licensee believes it has cured the subject non-compliance, it shall provide written notice of such to the Issuing Authority. The Town shall provide the Licensee with a written response as to whether such cure has been effected. 13.3. Public Hearing: In the event that the Licensee fails to respond to the Noncompliance Notice pursuant to the procedures required by this Article, or in the event that the alleged noncompliance is not remedied within thirty (30) days or the date projected pursuant to Section 13.2(iii) above, and if the Town seeks to continue its investigation into the alleged noncompliance, then the Issuing Authority shall schedule a public hearing. The Issuing Authority shall provide the Licensee with the following minimum written notice of such public hearing, which will specify the time, place and purpose of such public hearing, and provide Licensee the opportunity to be heard: (i) for a hearing for which the Issuing Authority states in 24 Town of Reading Cable Television Renewal License the written notice that that revocation of the License shall not be a possible consequence – thirty (30) days written notice, and (ii) for a hearing for which the Issuing Authority does not state in the written notice that that revocation of the License shall not be a possible consequence – forty- five (45) days written notice. 13.4. Enforcement: Subject to applicable federal and State law, in the event the Issuing Authority, after the public hearing set forth in Section 13.3, determines that Licensee is in default of any provision of this License, the Issuing Authority may: 13.4.1. Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; 13.4.2. Commence an action at law for monetary damages or seek other equitable relief; 13.4.3. Submit a claim against an appropriate part of the performance bond pursuant to Section 10 above; 13.4.4. In the case of a substantial noncompliance of a material provision of this License, revoke this License in accordance with Section 13.5; and/or 13.4.5. Invoke any other lawful remedy available to the Town. 13.5. Revocation Hearing: 13.5.1. At a designated public hearing in which revocation is a possible consequence, the Licensee shall be provided a fair opportunity for full participation, including the rights to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of the officials, agents, employees or consultants of the Issuing Authority, to compel the testimony of other persons as permitted by law, and to question and/or cross examine witnesses. A complete verbatim record and transcript shall be made of such hearing with the cost shared by the parties. 13.5.2. Following a public hearing where revocation is a possible consequence, the Licensee shall be provided up to thirty (30) days to submit its proposed findings and conclusions to the Issuing Authority in writing and thereafter the Issuing Authority shall determine (i) whether an event of default has occurred under this License; (ii) whether such event of default is excusable; and (iii) whether such event of default has been cured by the Licensee. The Issuing Authority shall also determine whether it will revoke this License based on the information presented, or, in the reasonable discretion of the Issuing Authority, grant additional time to the Licensee to effect any cure. If the Issuing Authority determines that it will revoke this License, the Issuing Authority shall promptly provide Licensee with a written determination setting forth the Issuing Authority’s reasoning for such revocation. In accordance with applicable law, Licensee may appeal such written determination of the Issuing Authority to the Cable Division or to an appropriate court, which shall have the power to review the decision of the Issuing Authority de novo, if permitted by applicable law. Licensee shall be entitled to such relief as the Cable Division or court finds appropriate. Such appeal must be taken within sixty (60) days of Licensee’s receipt of the written determination of the Issuing Authority. 25 Town of Reading Cable Television Renewal License 13.5.3. The Issuing Authority may, at its sole discretion, take any lawful action that it deems appropriate to enforce the Issuing Authority’s rights under this License in lieu of revocation of this License. 14. MISCELLANEOUS PROVISIONS 14.1. Actions of Parties: In any action by the Town or Licensee that is mandated or permitted under the provisions of this License, such party 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, delayed or conditioned. 14.2. Binding Acceptance: This License shall bind and benefit the parties hereto and their respective receivers, trustees, successors and assigns, and the promises and obligations herein shall survive the expiration date hereof. 14.3. Captions and Headings: The captions and headings to sections throughout this License are intended solely to facilitate reading and reference to the sections and provisions of the License. Such captions and headings shall not affect the meaning or interpretation of the License. 14.4. Exhibits: The Exhibits to this License attached hereto, and all portions thereof, are, except as otherwise specified in such Exhibits, incorporated herein by reference and expressly made a part of this License. The procedures for approval of any subsequent amendment or modification to said Exhibits shall be the same as those applicable to any amendment or modification hereof, except as specified in such Exhibit or elsewhere in this License. 14.5. Recitals: The recitals set forth in this License are incorporated into the body of this License as if they had been originally set forth herein. 14.6. Equal Employment Opportunity: The Licensee shall adhere to applicable Equal Employment Opportunity regulations of the FCC and to all federal, State and local laws pertaining to discrimination, equal employment opportunity and affirmative action that are applicable to the Licensee. 14.7. Preemption: In the event that federal or State law, rules, or regulations preempt a provision or limit the enforceability of a provision of this License, the provision shall be read to be preempted to the extent, and for the time, but only to the extent and for the time, required by law. In the event such federal or State law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the parties hereto. 14.8. Force Majeure: The Licensee shall not be held in default under, or in noncompliance with, the provisions of the License, nor suffer any enforcement, liquidated damage, or penalty relating to noncompliance or default, where such noncompliance or alleged 26 Town of Reading Cable Television Renewal License defaults were caused by a Force Majeure, provided that the Licensee takes reasonable steps under the circumstances to comply with the obligations of the License to the maximum extent possible without endangering the health or safety of the Licensee's employees or property, or the health or safety of the Town or the public, or their property. In the event that any such delay in performance or failure to perform affects only part of the Licensee’s capacity to perform, the Licensee shall perform to the maximum extent it is able to do so in as expeditious a manner as possible under the circumstances. 14.9. Acts or Omissions of Affiliates: During the term of this License, the Licensee shall be liable for the acts or omission of its Affiliates to the extent arising out of any such Affiliate’s construction, installation, maintenance or operation of the Cable System and/or provision of Cable Services pursuant to this License. 14.10. Warranties: The Licensee represents and warrants to the Issuing Authority that, as of the Effective Date: (i) The Licensee is duly organized, validly existing and in good standing under the laws of its incorporation and is authorized to do business in the State; (ii) The Licensee has the requisite power and authority under applicable law and its by-laws and articles of incorporation and other corporate authority to enter into and legally bind the Licensee to this License and to take all actions necessary to perform all of its obligations pursuant to this License; (iii) This License is enforceable against the Licensee in accordance with the provisions herein, subject to applicable State and federal law; and (iv) There is no action or proceedings pending against the Licensee that would reasonably interfere with its performance of this License. 14.11. Notices: Unless otherwise expressly stated herein, notices required under this License shall be forwarded in one of the following ways: (i) hand delivered (signature required), (ii) sent by express mail (signature required) or (iii) by certified mail/return recei pt requested to, to the addressees below. Each party may change its designee by providing written notice to the other party. Notices to Licensee shall be mailed to: Verizon New England Inc. 6 Bowdoin Square 10th Floor Boston, MA 02114 Attention: Niall Connors, Franchise Service Manager 27 Town of Reading Cable Television Renewal License with a copy to: Verizon 1300 I St. NW Suite 500 East Washington, DC 20005 Attention: Tonya Rutherford, VP and Deputy General Counsel Notices to the Issuing Authority shall be mailed to: Town of Reading Reading Town Hall 16 Lowell Street Reading, MA 01867 Attention: Town Manager with a copy to: Telecommunications and Technology Advisory Committee Reading Town Hall 16 Lowell Street Reading, MA 01867 14.12. Entire Agreement: This License and the Exhibits hereto constitute the entire agreement between Licensee and the Town and supersede all prior or contemporaneous agreements, representations or understandings (written or oral) of the parties regarding the subject matter hereof. 14.13. Amendments: Amendments or modifications to this License shall be mutually agreed to in writing by the parties. 14.14. Captions: The captions and headings of articles and sections throughout this License are intended solely to facilitate reading and reference to the sections and provisions of this License. Such captions shall not affect the meaning or interpretation of this License. 14.15. Severability: If any section, subsection, sentence, paragraph, term or provision hereof is determined to be illegal, invalid or unenforceable by any court of compete nt 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, subsection, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of this License. 14.16. No Third-Party Beneficiary: Nothing in this License shall be construed to create or confer any rights or benefits to any third party. 14.17. No Recourse Against Issuing Authority: Pursuant to Section 635A(a) of the Communications Act (47 U.S.C. §555a(a)), the Licensee shall have no recourse against the Issuing Authority, the Town and/or its officials, members, employees or agents other than 28 Town of Reading Cable Television Renewal License injunctive relief or declaratory relief, arising from the regulation of cable service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of this License. 14.18. Town’s Right of Intervention: The Town hereby reserves the right, as authorized by applicable law and/or regulation, to intervene in any suit, action or proceeding involving this License, or any provision in this License; provided, however, that this section shall not restrict the right of the Licensee to oppose such intervention, pursuant to applicable law. 14.19. FTTP Network Transfer Prohibition: Under no circumstance including, without limitation, upon expiration, revocation, termination, surrender, or denial of renewal of this License or any other action to forbid or disallow Licensee from providing Cable Services, shall Licensee or its assignees be required to sell any right, title, interest, use or control of any portion of Licensee’s FTTP Network including, without limitation, the Cable System and any capacity used for Cable Service or otherwise, to the Town or any third party. Licensee shall not be required to remove the FTTP Network or to relocate the FTTP Network or any portion thereof as a result of revocation, expiration, termination, surrender, or denial of renewal or any other action to forbid or disallow Licensee from providing Cable Services. This provision is not intended to contravene leased access requirements under Title VI or the PEG requirements set out in this License. 14.20. Interpretation: The Town and Licensee each acknowledge that it has received independent legal advice in entering into this License. In the event that a dispute arises over the meaning or application of any term(s) of this License, such term(s) shall not be construed by the reference to any doctrine calling for ambiguities to be construed a gainst the drafter of the License. 14.21. Counterparts: This License may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Further, this License may be executed by facsimile, email, electronic signature or other electronic means, and so executed shall have the full force and legal effect as an executed original of this License. 14.22. Jurisdiction: Except as otherwise set forth in this License or otherwise required by law, exclusive jurisdiction and venue over any dispute arising out of this License shall be in a court of appropriate venue and subject matter jurisdiction located in the Commonwealth of Massachusetts, and the parties agree to be subject to the personal jurisdicti on of such a court for the resolution of any such dispute. This provision is not intended to limit the right of either party to remove a matter to federal court or seek the remand of a matter to State court as permitted by law. SIGNATURE PAGE FOLLOWS 1 AGREED TO THIS _____ DAY OF__________________, 2021. TOWN OF READING VERIZON NEW ENGLAND INC. By its Select Board _______________________________ By: ________________________________ Karen Herrick, Chair Kevin M. Service, Senior Vice President of Operations – Consumer and Mass Business Markets _______________________________ Anne D J Landry, Vice Chair _______________________________ Approved as to Form: Mark L. Dockser, Secretary ________________________________ _______________________________ Verizon Law Department Carlo Bacci Date: _____________________ _______________________________ Christopher Haley Town of Reading Cable Television Renewal License EXHIBITS EXHIBIT A – PUBLIC BUILDINGS TO BE PROVIDED FREE CABLE SERVICE – Subject to Sec. 3.4 EXHIBIT B – PEG ACCESS CHANNELS EXHIBIT C – CUSTOMER SERVICE STANDARDS EXHIBIT D – PERFORMANCE BOND Town of Reading Cable Television Renewal License EXHIBIT A PUBLIC BUILDINGS TO BE PROVIDED FREE CABLE SERVICE Municipal Building Address Town Hall 16 Lowell Street Police Dept. 15 Union Street Public Library 64 Middlesex Avenue Senior Center 67 Pleasant Street Central Fire Station 757 Main Street West Side Fire Station 260 Woburn Street Reading Municipal Light Dept. 230 Ash Street Town Common Reading Center (Main Street) Department of Public Works Matterra Cabin 75 New Crossing Road 1481 Main Street Schools Address Reading Memorial High School 62 Oakland Road RMHS Field House 62 Oakland Road Coolidge Middle School 89 Birch Meadow Drive Parker Middle School 45 Temple Street Barrows School 16 Edgemont Avenue Birch Meadow School 27Arthur B. Lord Drive Eaton School 365 Summer Avenue Killam School 333 Charles Street Wood End School Sunset Rock Lane Public Buildings Address TV/Access Studio 557 Main Street Burbank Arena 51 Symonds Road YMCA 36 Arthur B. Lord Drive Town of Reading Cable Television Renewal License EXHIBIT B PEG ACCESS CHANNELS Channel 31 Public Channel 32 Education Channel 33 Government Town of Reading Cable Television Renewal License EXHIBIT C CUSTOMER SERVICE STANDARDS These standards shall apply to the Licensee to the extent it is providing Cable Services over the Cable System in the Town. DEFINITIONS A. Respond: Licensee’s investigation of a Service Interruption by receiving a Subscriber call and opening a trouble ticket, if required. B Service Interruption: Defined in Section 1 of the License. C. Significant Outage: A significant outage of the Cable Service shall mean any Service Interruption lasting at least four (4) continuous hours that affects at least ten percent (10%) of the Subscribers in the Service Area. D. Service Call: The action taken by the Licensee to correct a Service Interruption the effect of which is limited to an individual Subscriber. E. Standard Installation: Installations where the Subscriber is within one hundred fifty (150) feet of trunk or feeder lines. SECTION 1: TELEPHONE AVAILABILITY A. The Licensee shall maintain a toll-free number to receive all calls and inquiries from Subscribers in the Town and/or residents regarding Cable Service. Licensee representatives trained and qualified to answer questions related to Cable Service in the Service Area must be available to respond to customer telephone inquiries during Normal Business Hours. Licensee representatives shall identify themselves by name when answering this number. After Normal Business Hours, the toll-free number may be answered by an Automated Response Unit (“ARU”) or a Voice Response Unit (“VRU”), including an answering machine. Inquiries received after Normal Business Hours shall be responded to by a trained company representative on the next business day. B. The Licensee’s telephone numbers shall be listed, with appropriate description (e.g. administration, customer service, billing, repair, etc.), in the directory published by the local telephone company or companies serving the Service Area, beginning with the next publication cycle after the Effective Date of this License. C. Licensee may use an ARU or a VRU to distribute calls. If a foreign language routing option is provided, and the Subscriber does not enter an option, the menu will default to the first tier menu of English options. 2 Town of Reading Cable Television Renewal License After the first tier menu (not including a foreign language rollout) has run through three times, if customers do not select any option, the ARU or VRU will forward the call to a queue for a live representative. The Licensee may reasonably substitute this requirement with another method of handling calls from customers who do not have touch-tone telephones. D. Under Normal Operating Conditions, calls received by the Licensee shall be answered within thirty (30) seconds. The Licensee shall meet this standard for ninety percent (90%) of the calls it receives at all call centers receiving calls from Subscribers, as measured on a cumulative quarterly calendar basis. Measurement of this standard shall include all calls received by the Licensee at all call centers receiving calls from Subscribers, whether they are answered by a live representative, by an automated attendant, or abandoned after 30 seconds of call waiting. E. Under Normal Operating Conditions, callers to the Licensee shall receive a busy signal no more than three (3%) percent of the time during any calendar quarter. F. Upon written request from the Town, but in no event more than twice annually, the Licensee shall report to the Town the following for all call centers receiving calls from Subscribers except for temporary telephone numbers set up for national promotions: (1) Percentage of calls answered within thirty (30) seconds as set forth in Subsection 1.D. (2) Percentage of time customers received busy signal when calling the Verizon service center as set forth in Subsection 1.E. Subject to consumer privacy requirements, underlying activity will be made available to the Town for review upon reasonable request. G. The measurements and reporting above may be based on calendar or accounting periods at the Licensee’s option. SECTION 2: INSTALLATIONS AND SERVICE APPOINTMENTS A. All installations will be in accordance with FCC rules, including but not limited to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the provision of required consumer information and literature to adequately inform the Subscriber in the utilization of the Licensee-supplied equipment and Cable Service. B. The Standard Installation shall be performed within seven (7) business days after the placement of the Optical Network Terminal (“ONT”) on the customer’s premises or within seven (7) business days after an order is placed if the ONT is already installed on the customer’s premises. The Licensee shall meet this standard for ninety-five percent (95%) of the Standard Installations it performs, as measured on a calendar quarter basis, excluding customer requests 3 Town of Reading Cable Television Renewal License for connection later than seven (7) days after ONT placement or later than seven (7) days after an order is placed if the ONT is already installed on the customer’s premises. C. The Licensee shall provide the Town with a report upon written request from the Town, but in no event more than twice annually, noting the percentage of Standard Installations completed within the seven (7) day period, excluding those requested outside of the seven (7) day period by the Subscriber. Subject to consumer privacy requirements, underlying activity will be made available to the Town for review upon reasonable request. The measurements and reporting of above may be based on calendar or accounting periods at the Licensee’s option. D. The Licensee will offer Subscribers “appointment window” alternatives for arrival to perform installations, Service Calls and other activities of a maximum four (4) hours scheduled time block during appropriate daylight available hours, usually beginning at 8:00 AM unless it is deemed appropriate to begin earlier by location exception. At the Licensee’s discretion, the Licensee may offer Subscribers appointment arrival times other than these four (4) hour time blocks, if agreeable to the Subscriber. These hour restrictions do not apply to weekends. SECTION 3: SERVICE INTERRUPTIONS AND OUTAGES A. The Licensee shall, as circumstances permit, promptly notify of the Town of any Significant Outage of the Cable Service. B. The Licensee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Licensee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the Town and each affected Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed Significant Outage. C. Licensee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. . D. Under Normal Operating Conditions, the Licensee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving Subscriber calls respecting Service Interruptions in the Service Area. (2) The Licensee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the Town of a Cable Service problem. 4 Town of Reading Cable Television Renewal License E. Under Normal Operating Conditions, the Licensee shall complete Service Calls within seventy-two (72) hours of the time Licensee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. The Licensee shall meet the standard in Subsection E of this Section for eighty percent (80%) of the Service Calls it completes, as measured on a quarterly basis. G. The Licensee shall provide the Town with a report upon written request from the Town, but in no event more than twice annually, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity will be made available to the Town for review upon reasonable request. The above measurements and reporting may be based on calendar or accounting periods at the Licensee’s option. H. Under Normal Operating Conditions, the Licensee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of twenty-four (24) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Licensee to verify the problem if requested by the Licensee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. I. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Licensee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Licensee provided such determination is non- discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. J. For service issues concerning Cable Services provided by the Licensee to the buildings listed in Exhibit A to the License, the Licensee shall Respond t o all inquiries from the Town and/or PEG Access Designee within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours of any such inquiry, the Licensee shall notify the Town and/or PEG Access Designee in writing as to the reason(s) for the delay and provide an estimated time of repair. 5 Town of Reading Cable Television Renewal License K. Licensee may provide all notices identified in this Section electronically or on- screen. SECTION 4: CUSTOMER COMPLAINTS Under Normal Operating Conditions, the Licensee shall investigate Subscriber complaints referred by the Town within seventy-two (72) hours. The Licensee shall notify the Town of those matters that necessitate an excess of seventy-two (72) hours to resolve, but those matters must be resolved within fifteen (15) days of the initial complaint. The Town may require reasonable documentation to be provided by the Licensee to substantiate the request for additional time to resolve the problem. For purposes of this Section, “resolve” means that the Licensee shall perform those actions, which, in the normal course of business, are necessary to investigate the Customer’s complaint and advise the Customer of the results of that investigation. SECTION 5: BILLING A. Subscriber bills must be itemized to describe Cable Services purchased by Subscribers and related equipment charges, and shall include the information required by 207 CMR 10.03(1) in clear, concise and understandable language and format. Bills shall clearly delineate activity during the billing period, including optional charges, rebates, credits, and aggregate late charges. Licensee shall, without limitation as to additional line items, be allowed to itemize as separate line items, License fees, taxes and/or other governmentally imposed fees. The Licensee shall maintain records of the date and place of mailing of bills. B. Every Subscriber with a current account balance sending payment directly to Licensee shall be given at least five (5) days from the date statements are mailed to the Subscriber until the payment due date. C. A specific due date shall be listed on the bill of every Subscriber. D. Any Subscriber who, in good faith, disputes all or part of any bill shall have the option of withholding the disputed amount without disconnect or late fee being assessed until the dispute is resolved provided that: (1) The Subscriber pays all undisputed charges; (2) The Subscriber provides notification of the dispute to Licensee within thirty (30) days after the due date; and (3) The Subscriber cooperates in determining the accuracy and/or appropriateness of the charges in dispute. E. The Licensee shall notify the Subscriber of the result of its investigation of any complaint and shall give an explanation for its decision within 30 business days after the receipt of the complaint. The Subscriber shall forfeit any rights under 207 CMR 10.07 if he or she fails to pay the undisputed balance within 30 days. Any Subscriber who disagrees with the results of 6 Town of Reading Cable Television Renewal License Licensee’s investigation shall promptly inquire about and take advantage of any complaint resolution mechanism, formal or informal, available under this License or through the Issuing Authority before the Cable Division may accept a petition. The Subscriber or Licensee may petition the Cable Division to resolve disputed matters within 30 days of any final action. F. The Licensee shall forward a copy of any Cable Service related billing inserts or other mailing sent to Subscribers to the Town upon request. G. The Licensee shall provide all Subscribers with the option of paying for Cable Service by check or an automatic payment option where the amount of the bill is automatically deducted from a checking account designated by the Subscriber. Licensee may in the future, at its’ discretion, permit payment by using a major credit card on a preauthorized basis. Based on credit history, at the option of the Licensee, the payment alternative may be limited. SECTION 6: DEPOSITS, REFUNDS AND CREDITS A. The Licensee may require refundable deposits from Subscribers with 1) a poor credit or poor payment history, 2) who refuse to provide credit history information to the Licensee, or 3) who rent Subscriber equipment from the Licensee, so long as such deposits are applied on a non-discriminatory basis. The deposit the Licensee may charge Subscribers with poor credit or poor payment history or who refuse to provide credit information may not exceed an amount equal to an average Subscriber's monthly charge multiplied by six (6). The maximum deposit the Licensee may charge for Subscriber equipment is the cost of the equipment which the Licensee would need to purchase to replace the equipment rented to the Subscriber. B. The Licensee shall refund or credit the Subscriber for the amount of the deposit collected for equipment, which is unrelated to poor credit or poor payment history, after one year and provided the Subscriber has demonstrated good payment history during this period. C. Under Normal Operating Conditions, refund checks shall be issued within the next available billing cycle following the resolution of the event giving rise to the refund (e.g., equipment return and final bill payment. D. Credits for Cable Service shall be issued no later than the Subscriber's next available billing cycle, following the determination that a credit is warranted, and the credit is approved and processed. Such approval and processing shall not be unreasonably delayed. E. Bills shall be considered paid when appropriate payment is received by the Licensee or its’ authorized agent. Appropriate time considerations shall be included in the Licensee's collection procedures to assure that payments due have been received before late notices or termination notices are sent. SECTION 7: RATES, FEES AND CHARGES A. The Licensee shall not, except to the extent expressly permitted by law, impose any fee or charge for Service Calls to a Subscriber's premises to perform any repair or 7 Town of Reading Cable Television Renewal License maintenance work related to Licensee equipment necessary to receive Cable Service, except where such problem is caused by a negligent or wrongful act of the Subscriber (including, but not limited to a situation in which the Subscriber reconnects Licensee equipment incorrectly) or by the failure of the Subscriber to take reasonable precautions to protect the Licensee's equipment (for example, a dog chew). B. The Licensee shall provide reasonable notice to Subscribers of the possible assessment of a late fee on bills or by separate notice. SECTION 8: DISCONNECTION /DENIAL OF SERVICE A. The Licensee shall not terminate Cable Service for nonpayment of a deli nquent account unless the Licensee mails a notice of the delinquency and impending termination prior to the proposed final termination. The notice of termination shall be mailed to the Subscriber to whom the Cable Service is billed. The notice of delinquency and impending termination may be part of a billing statement. B. Cable Service terminated in error must be restored without charge within twenty- four (24) hours of notice. If a Subscriber was billed for the period during which Cable Service was terminated in error, a credit shall be issued to the Subscriber if the Service Interruption was reported by the Subscriber. C. Nothing in these standards shall limit the right of the Licensee to deny Cable Service for non-payment of previously provided Cable Services, refusal to pay any required deposit, theft of Cable Service, damage to the Licensee's equipment, abusive and/or threatening behavior toward the Licensee's employees or representatives, or refusal to provide credit history information or refusal to allow the Licensee to validate the identity, credit history and credit worthiness via an external credit agency. D. Charges for cable service will be discontinued at the time of the requested termination of service by the Subscriber, except equipment charges may by applied until equipment has been returned. No period of notice prior to requested termination of service can be required of Subscribers by the Licensee. No charge shall be imposed upon the Subscriber for or related to total disconnection of Cable Service or for any Cable Service delivered after the effective date of the disconnect request, unless there is a delay in returning Licensee equipment or early termination charges apply pursuant to the Subscriber’s service contract. If the Subscriber fails to specify an effective date for disconnection, the Subscriber shall not be responsible for Cable Services received after the day following the date the disconnect request is received by the Licensee. For purposes of this subsection, the term “disconnect” shall include Subscribers who elect to cease receiving Cable Service from the Licensee and to receive Cable Service or other multi-channel video service from another Person or entity. SECTION 9: COMMUNICATIONS WITH SUBSCRIBERS A. All Licensee personnel, contractors and subcontractors contacting Subscribers or potential Subscribers at the homes of such Subscribers or potential Subscribers shall wear a 8 Town of Reading Cable Television Renewal License clearly visible identification card bearing their name and photograph. The Licensee shall make reasonable effort to account for all identification cards at all times. In addition, all Licensee representatives shall wear appropriate clothing while working at a Subscriber’s premises. Every service vehicle of the Licensee and its contractors or subcontractors shall be clearly identified as such to the public. Specifically, Licensee vehicles shall have the Licensee’s logo plainly visible. The vehicles of those contractors and subcontractors working for the Licensee shall have the contractor’s / subcontractor’s name plus markings (such as a magnetic door sign) indicating they are under contract to the Licensee. B. All contact with a Subscriber or potential Subscriber by a Person representing the Licensee shall be conducted in a courteous manner. C. The Licensee shall notify Subscribers annually that any complaints or inquiries not satisfactorily handled by the Licensee may be referred to the Town. D. All notices identified in this Section shall be by either: (1) A separate document included with a billing statement or a message included on the portion of the monthly bill that is to be retained by the Subscriber; or (2) A separate electronic notification (3) A separate on-screen notification; or (4) Any other reasonable written means. E. The Licensee shall provide notice, as may be required by applicable FCC regulations, to Subscribers of any pricing changes or additional changes (excluding sales discounts, new products or offers) and, subject to the forgoing, any changes in Cable Services, including channel line-ups. F. The Licensee shall provide information to all Subscribers about each of the following items at the time of installation of Cable Services, annually to all Subscribers, at any time upon request, and, subject to Subsection 9.E., at least thirty (30) days prior to making significant changes in the information required by this Section if within the control of the Licensee: (1) Products and Cable Service offered; (2) Prices and options for Cable Services and condition of subscription to Cable Services. Prices shall include those for Cable Service options, equipment rentals, program guides, installation, downgrades, late fees and other fees charged by the Licensee related to Cable Service; 9 Town of Reading Cable Television Renewal License (3) Installation and maintenance policies including, when applicable, information regarding the Subscriber’s in-home wiring rights during the period Cable Service is being provided; (4) To the extent applicable, channel positions of Cable Services offered on the Cable System; (5) Complaint procedures, including the name, address and telephone number of the Town, but with a notice advising the Subscriber to initially contact the Licensee about all complaints and questions; (6) Procedures for requesting Cable Service credit; (7) The availability of a parental control device; (8) Licensee practices and procedures for protecting against invasion of privacy; and (9) The address and telephone number of the Licensee’s office to which complaints may be reported. G. Notices of changes in rates shall indicate the Cable Service new rates and old rates, if applicable. H. Every notice of termination of Cable Service shall include the following information: (1) The name and address of the Subscriber whose account is delinquent; (2) The amount of the delinquency for all services billed; (3) The date by which payment is required in order to avoid termination of Cable Service; and (4) The telephone number for the Licensee where the Subscriber can receive additional information about their account and discuss the pending termination. 1 Town of Reading Cable Television Renewal License EXHIBIT D FORM OF PERFORMANCE BOND Franchise Bond Bond No. __________ KNOW ALL MEN BY THESE PRESENTS: That (name & address) (hereinafter called the Principal), and (name and address) (hereinafter called the Surety), a corporation duly organized under the laws of the State of (state), are held and firmly bound unto (name & address) (hereinafter called the Obligee), in the full and just sum of _____________ Dollars ($__________), the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal and Obligee have entered into a License Agreement dated________ which is hereby referred to and made a part hereof. WHEREAS, said Principal is required to perform certain obligations under said Agreement. WHEREAS, the Obligee has agreed to accept this bond as security against default by Principal of performance of its obligations under said Agreement during the time period this bond is in effect. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall perform its obligations under said Agreement, then this obligation shall be void, otherwise to remain in full force and effect, unless otherwise terminated, cancelled or expired as hereinafter provided. PROVIDED HOWEVER, that this bond is executed subject to the following express provisions and conditions: 1. In the event of default by the Principal, Obligee shall deliver to Surety a written statement of the details of such default within 30 days after the Obligee shall learn of the same, such notice to be delivered by certified mail to address of said Surety as stated herein. 2. This Bond shall be effective ____________, 20___, and shall remain in full force and effect thereafter for a period of one year and will automatically extend for additional one year periods from the expiry date hereof, or any future expiration date, unless the Surety provides to the Obligee not less than sixty (60) days advance written notice of its intent not to renew this Bond or unless the Bond is earlier canceled pursuant to the following. This Bond may be canceled at any time upon sixty (60) days advance written notice from the Surety to the Obligee. 2 Town of Reading Cable Television Renewal License 3. Neither cancellation, termination nor refusal by Surety to extend this bond, nor inability of Principal to file a replacement bond or replacement security for its obligations under said Agreement, shall constitute a loss to the Obligee recoverable under this bond. 4. No claim, action, suit or proceeding shall be instituted against this bond unless same be brought or instituted and process served within one year after termination or cancellation of this bond. 5. No right of action shall accrue on this bond for the use of any person, corporation or entity other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. 6. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number of years this bond remains in force or the amount or number of claims brought against this bond. 7. This bond is and shall be construed to be strictly one of suretyship only. If any conflict or inconsistency exists between the Surety’s obligations as described in this bond and as may be described in any underlying agreement, permit, document or contract to which this bond is related, then the terms of this bond shall supersede and prevail in all respects. This bond shall not bind the Surety unless it is accepted by the Obligee by signing below. IN WITNESS WHEREOF, the above bounded Principal and Surety have hereunto signed and sealed this bond effective this _____ day of _______, 2021. Principal Surety By: ___________________________ By: ___________________________________ , Attorney-in-Fact Accepted by Obligee: ___________________________________ (Signature & date above - Print Name, Title below) CABLE TELEVISION LICENSE APPLICATION VERIZON NEW ENGLAND INC. QUESTIONS 11, 12, and 17 EXHIBIT B Attached is the most recent Verizon Annual Billing and Practices Filing with the Department of Telecommunications and Cable which was submitted on March 11, 2021. The current version of Verizon’s Residential Terms of Service is available at: https://www.verizon.com/about/sites/default/files/FTV_ToS_01162020_v20-1_ENGLISH.pdf Fios TV’s current Channel Lineup is available at: https://www.verizon.com/info/channel-lineup/ VERIZON NEW ENGLAND LICENSE RENEWAL 2021 6 Bowdoin Square Floor 10 Boston, MA 02114 Niall Connors Franchise Service Manager 857-415-5123 niall.s.connors@verizon.com Via Electronic Mail March 11, 2021 Shonda Green, Executive Administrative Coordinator Department of Telecommunications and Cable Commonwealth of Massachusetts 1000 Washington Street, Suite 600 Boston, MA 02118 RE: Annual Billing Practices Dear Executive Administrative Coordinator Green: Pursuant to 207 CMR 10.01(2) and 10.02(6), please find attached digital copies of Verizon Massachusetts Fios TV Terms of Service, Fios TV Rate Card, Fios TV sample bill, and the Fios TV Channel Lineup. The Fios TV Terms of Service can be found on Verizon’s website at: https://www.verizon.com/about/terms-conditions/residential-terms-service Fios TV’s current Channel Lineup is available at: https://www.verizon.com/info/channel-lineup/ If you have any questions, feel free to contact me. Sincerely, Niall Connors Attachments cc: Andrea Nixon Verizon Fios TV Terms of Service This Agreement sets forth the terms and conditions under which you the subscriber (“you,” “your” or “Subscriber”) agree to use Verizon Fios TV (the “Service,” including Equipment and Programming) and under which the Verizon affiliates (“Verizon,” “us” or “we,”) identified in Exhibit A agree to provide Fios TV to you. PLEASE READ THESE AGREEMENT TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT. NOTICE OF ARBITRATION AGREEMENT THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IT REQUIRES THAT DISPUTES BE RESOLVED BY ARBITRATION, RATHER THAN CLASS ACTION LAWSUITS OR JURY TRIALS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). PLEASE SEE SECTION 17 FOR MORE INFORMATION. 1. ACCEPTANCE OF AGREEMENT; AGREEMENT TERMS GENERALLY INCLUDED. This Agreement starts when you accept it. By accepting this Agreement, you and any other users of Fios TV within your premises are bound by its conditions. Your acceptance of this Agreement occurs upon the earlier of: (a) your electronic or oral acceptance during the submission of your order; or (b) your use of the Service. This Agreement will end when you or we terminate this Agreement as permitted below. This Agreement includes the terms and conditions set forth below, the specific elements of your Service or Bundled Services plan, including the pricing, duration, applicable Early Termination Fee (“ETF”), and Equipment pricing, all as described in the information made available to you when placing and confirming your order, as well as our Privacy Policy applicable to Fios TV services and the other policies and materials specifically referred to in this Agreement, all of which are incorporated into this Agreement by reference. Please retain a copy of this Agreement for your records. 2. DEFINITIONS. The term “Service” means Verizon’s Fios TV, including, without limitation, all Programming, Equipment, media or program guides, video recording capability, software, technical support, and other features, products and services provided as part of and included with our television service, including the On Demand services described in Exhibit A (the “On Demand Services”). The Service does not include voice telephony service or any Verizon internet services. The term “Equipment” means equipment provided by Verizon to you for use with the Service, including any digital adapter, set top box, digital video recorder, video media server, peripheral devices, routers, or optical network terminal provided to you by Verizon that are either rented by you or otherwise required to be returned to Verizon upon termination or cancellation of Service, along with any software contained in or downloaded to such Equipment as part of the Service. The term “Equipment” does not include any router, or other device that you purchase from Verizon or a third party (such routers and other devices are referred to herein as “Other Devices”), nor any Equipment that has been designated by us as “Retired.” “Retired” designates a device that may have originally been provided by Verizon, but is no longer subject to return to us; a list of Retired devices can be found at verizon.com/Retired. The Equipment provided by Verizon for use with the Service may be new or refurbished. The term “Premises” refers to the physical location at which the Service has been installed. “Programming” means content provided by Verizon or its third- party licensors, providers or suppliers and provided as part of and included with the Service, including, without limitation, images, photographs, animations, video programming, information services, audio, music, and text, irrespective of the manner or format in which such content is delivered. The term “Bundled Services” means a combination or “bundle” of Verizon Fios TV with one or more eligible Verizon services, including but not limited to Verizon Fios Internet Service, Verizon Freedom Essentials or Fios Digital Voice service or Verizon ONE- BILL® service. Verizon Fios TV Equipment, and Other Devices, may be offered and priced separately from Bundled Service offers. 3. SERVICE CHANGES. Subject to applicable law, we reserve the right to change, rearrange, add, delete or otherwise modify the Service at any time, with or without prior notice to you, including changing, rearranging or otherwise modifying our Programming packages, the selections available in those packages, the Equipment, any Other Devices, and any other features, products and services that we offer. Verizon or its suppliers may, without notice or liability, restrict the use of any Services or limit its time of availability in order to perform maintenance activities and to maintain security. Not all services may be available in all areas. 4. USE OF THE SERVICE. (a) You agree to use the Service only for your private non- commercial use and own personal viewing enjoyment. The Programming distributed via the Service may not be viewed or otherwise displayed in areas open to the public, including, without limitation, commercial establishments, with the exception of On Demand usage or as otherwise specifically authorized by us in writing. You may not rebroadcast or transmit the Programming or charge admission for its viewing. You may not take any actions to alter or avoid any security or access controls or restrictions associated with the Service, Equipment, or Other Devices. (b) You are responsible for all use of the Service, whether by you or someone using the Service with or without your permission. You agree not to use the Service, directly or indirectly, for any unlawful purpose, including without limitation, violation of the copyright laws through the use, production, copying, rebroadcast or redistribution of any Programming distributed as part of the Service or recorded utilizing equipment containing digital video recording devices. You further agree that your use of the Service is your sole responsibility, at your own risk, and subject to all applicable local, state, and federal laws and regulations. We, in our sole discretion, or any Programming provider, may prosecute you and other responsible parties under applicable federal, state and local laws in the event that the Service is used for an unlawful purpose. As described in more detail in Section 13 below, you agree to indemnify us in the event of any such violation by you or anyone using the Service at the Premises. (c) You understand and agree that not all Programming may be suitable for all viewers, and users of the Service may have access to Programming that may be sexually explicit, obscene, offensive, or otherwise unsuitable or objectionable, especially for children under the age of eighteen (18). You further understand and agree that it is your responsibility to impose any viewing restrictions you determine are appropriate to limit viewing and access to potentially objectionable material, and you agree to supervise usage of the Service. YOU AGREE THAT WE ARE NOT RESPONSIBLE TO YOU OR ANYONE ELSE VIEWING PROGRAMMING OR INFORMATION PROVIDED ON, OR ACCESSED THROUGH, THE SERVICE FOR ANY CONTENT THAT YOU OR OTHERS MAY DEEM TO BE OBJECTIONABLE FOR ANY REASON AND YOU WAIVE ANY CLAIMS AGAINST US FOR ANY INJURY OR HARM RELATING TO SUCH CONTENT OR THE VIEWING OF PROGRAMMING. YOU FURTHER UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE INFORMATION OR MATERIALS ACCESSIBLE VIA THE INTERNET THROUGH USE OF THE SERVICE. IN ADDITION, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PURCHASES OR OTHER TRANSACTIONS MADE THROUGH, USING, OR IN CONNECTION WITH THE SERVICE, INCLUDING ANY ON DEMAND PURCHASES. (d) Verizon may enable you to access and view Programming, including On Demand Services, in a variety of ways: (i) by streaming Programming to your TV through Equipment or Other Devices; (ii) by downloading Programming to an authorized and compatible wireless handset or portable device through a Verizon-provided application supporting media playback; or (iii) by streaming to your PC, using supported browser versions and Verizon-provided hyperlinks, software, or portable/wireless device. The streaming and downloading technology employed by Verizon may vary among devices and software applications. 5. SOFTWARE LICENSES AND THIRD-PARTY SERVICES. (a) We may provide you, for a fee or at no charge, software that may be required for use in connection with the Service which is owned by us or our third-party licensors, providers and suppliers (“Software” or “Access Software”). We reserve the right periodically to update, upgrade or change the Software remotely or otherwise and to make related changes to the settings and software on your computer, the Equipment, or any Other Devices, and you agree to permit such changes and access to your computer, the Equipment, and any Other Devices. You may use the Software only in connection with the Service and for no other purpose. (b) Certain Software may be accompanied by an end-user license agreement (“EULA”) from us or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA. (c) For Software not accompanied by a EULA, you are hereby granted a revocable, nonexclusive, nontransferable license by us or our third-party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of Verizon or its third-party licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by us or our third- party licensors. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that we or our third-party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited. (d) Your license to use the Software will remain in effect until terminated by Verizon or its third-party licensors, or until your Service is terminated. Upon termination of your Service, you must cease all use of and immediately delete the Software from any device not returned to us. (e) If you subscribe to or otherwise use any third-party services offered by Verizon, your use of such services is subject to the EULA of that third-party provider. Violation of those terms may, in our sole discretion, result in the termination of your Service. (f) Certain software or technical information is licensed from third parties and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents. All rights not expressly granted in this Agreement are reserved by Verizon 6. AUTHORIZED USER; PREMISES; REFUSAL OF SERVICE. (a) You acknowledge that you are eighteen (18) years of age or older, and that you have the legal authority to enter into this Agreement. You agree to notify us immediately whenever your personal or billing information changes (including, for example, your name, address, credit card and telephone number). (b) You agree to allow us and our representatives the right, at reasonable times, to enter the Premises for the purpose of installing, maintaining, servicing, inspecting, upgrading and/or removing the Service (including any Equipment and, subject to and limited by any applicable limited warranty, laws, and/or policies, Other Devices). (c) You acknowledge and agree that you are either an owner of, or legal tenant in, your Premises, and as such have the right to allow us and our representatives to enter and make modifications to the Premises in connection with the delivery of the Service. (d) We reserve the right, in our sole discretion, to refuse to provide the Service to you for any reason at any time, consistent with law. (e) You acknowledge that the Service is subject to U.S. export control laws and regulations. You represent that you are not a citizen of an embargoed country or prohibited end user under applicable U.S. export and anti-terrorism laws, regulations and lists. You will not use, export or allow a third party to use or export the Service in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials, including the export of any provided equipment, via the Service. 7. PERSONAL DATA AND PRIVACY POLICY. Verizon will treat your personally identifiable information provided to us in accordance with our current Privacy Policy applicable to Fios TV Services, which is subject to change. A copy of the Privacy Policy applicable to Fios TV Services is available at verizon.com/privacy. 8. CHANGES TO THIS AGREEMENT. The current version of the terms of this Agreement shall be available on www.verizon.com/terms. From time to time, we will make revisions to this Agreement and to the policies relating to the Service, including revisions to the provisions that govern the way that you and Verizon resolve disputes. We will provide notice of such revisions through the cable system, including the Message Center located in the interactive media guide or user interface. You agree to visit the interactive media guide or user interface periodically to review any such revisions. Revisions to the terms and conditions shall be effective on the date specified in the notice. Unless we provide otherwise, you accept the revisions and agree to abide by them by continuing to use the Service after the revisions are effective. 9. EQUIPMENT; MAINTENANCE AND OWNERSHIP OF EQUIPMENT. (a) We do not guarantee that the Service will work correctly if you use equipment to access the Service other than the Equipment, or Other Devices authorized by Verizon for use in connection with the Service, including but not limited to smartphones, tablets, other portable devices, gaming consoles and internet-ready equipment. We have no responsibility for the operation or support, maintenance or repair of any third-party Other Devices, Other Devices that have been designated as Retired, software or services that you choose to use in connection with the Service or with the Equipment or Other Devices provided by us. We assume no responsibility for the operation of the Service if equipment other than the Equipment or Other Devices authorized by us for use in connection with the Service are used to access the Service. (b) You acknowledge and agree that at all times ownership of the Equipment shall remain with us and that this Agreement allows you to use Equipment only in connection with your receipt and use of the Service. We may, at our option, supply new or reconditioned Equipment or non-third party Other Devices to you. We will repair and maintain the Equipment owned by us at our expense, unless such repair or maintenance is made necessary due to misuse, abuse or intentional damage to the Equipment, in which case you will be financially responsible for the repair or replacement of the damaged Equipment. Except as set forth in the terms and conditions of any Verizon limited warranty applicable to Other Devices, we have no obligation to repair, replace, or maintain any such Other Devices. You also agree that the Equipment will not be serviced by anyone other than our employees or our designated agents or representatives. You further agree not to tamper with or otherwise harm the Equipment, and that you will not copy, modify, reverse compile or reverse engineer any Equipment or Other Devices, or software or firmware provided by Verizon in connection with the Service. Except as set forth below, upon termination of the Service, or if the occupancy or ownership of your Premises changes, you are responsible for returning the Equipment to us in an undamaged condition, subject only to reasonable wear and tear. Failure to return any Equipment owned by us within 30 days as instructed by Verizon, or returning Equipment in a damaged condition (subject only to reasonable wear and tear), will result in the imposition of an Equipment fee that may be substantial. If the Equipment is affixed with a label which includes the following (or similar) message, “PROPERTY OF VERIZON. DO NOT REMOVE FROM PREMISES,” then you must not remove the Equipment and you will not be charged an Equipment Fee as long as the Equipment is left in place in reasonable condition (subject only to reasonable wear and tear.) (c) In the event that any Equipment is stolen, you are required to provide us with a copy of the police report to verify that such Equipment was reported stolen. If no report is produced, then you will be held financially responsible for the stolen Equipment. (d) Fios TV Equipment and Other Devices are priced separately from the price of the Service or Bundled Services plan, and may not be subject to the price protection applicable to the Service or Bundled Services plan in a term agreement or promotional offer. (e) You may be required to pay certain Equipment-related fees, such as restocking fees and/or exchange fees. 10. TERMINATION OF SERVICE; TERMINATION FEES. (a) You or Verizon may terminate the Service at any time and for any reason by giving notice to the other in accordance with the notice provisions set forth in this agreement. Unless otherwise required by applicable law, termination will be effective on the last day of that month’s billing cycle, and you are responsible for all charges incurred through the date of termination. Installation or setup fees paid at the initiation of the Service, if any, are not refundable. If a termination is a result of violation by you of the terms of this agreement, you may also be liable to pay an Early Termination Fee as set forth in Section 10(b). We may, at our sole discretion, refuse to accept your subsequent request for Service following a termination or suspension of your use of the Service. If your Service is terminated for any reason, you may be required to pay a reconnection fee or additional deposit before the Service is reactivated. (b) EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IF YOU HAVE CHOSEN TO SUBSCRIBE TO A BUNDLED SERVICES PLAN WITH A MINIMUM TERM COMMITMENT, IF ANY OF THE BUNDLE SERVICES ARE TERMINATED BY YOU OR BY US BEFORE COMPLETING YOUR MINIMUM TERM, THEN YOU AGREE TO PAY VERIZON THE EARLY TERMINATION FEE SET FORTH IN THE BUNDLED SERVICES PLAN YOU HAVE CHOSEN. 11. PRICING AND PAYMENT. In consideration for your receipt of the Service and use of any Equipment or Other Devices, you agree to pay us as follows: (a) Service Fees. Billing for the Service will begin automatically: (i) Upon installation of the Service if the Service is installed by Verizon or (ii) on the Due Date established by Verizon (after the Equipment, and any applicable Other Devices, has been delivered) if the Service is self-installed by you. Billing will continue until the Service is terminated in accordance with Section 10 (a) of this Agreement. Certain products and services, including but not limited to bundled products and services, may require you to elect a paperless billing option. You will begin receiving any discount associated with a Bundled Services plan once all the Bundled Services have been installed. Regular Service and Equipment (and, if applicable, Other Devices) charges are billed each month in advance. You agree to pay us in advance, at our rates in effect at the time, through all periods until the Service is terminated in accordance with Section 10 (a) of this Agreement. Other transactional charges, such as for On Demand or Pay Per View Services, are billed after the applicable service or feature has been ordered or provided to you. You may also be required, based on your ordering and payment history, to provide pre-billing statement payment by credit card or such other payment method as we may designate for transactional services such as On Demand or Pay Per View Services. You agree to pay all applicable charges for the Service and Equipment or Other Devices by the due date set forth in your monthly invoice. Rates for the Service and other charges (excluding charges detailed in Section 11(b) – (d)) may be changed by us at any time, subject to the provision of prior notice to you as required by law. If we provide you with notice, it will be provided as set forth in Section 14 below. Rates for On Demand and Pay Per View Services may change at any time. Your billing statement may also contain certain other charges (including, without limitation, taxes and other governmental fees, as well as charges such as franchise fees, regional sports network fee, broadcast fee, account activation and installation charges, franchise related costs, surcharges, reactivation fees, customized setup fees, late payment charges on past-due balances, agent assistance fee of seven dollars for making a payment arrangement through a Verizon call center representative, returned payment fees, Early Termination Fees and other nonrecurring charges) and you agree to pay such other charges by the due date set forth in your billing statement. The waiver of any fees or charges is at our discretion. If you cancel any component of a Bundled Services plan, the monthly charges for the remaining services on your account will automatically convert to the applicable existing non-discounted monthly service rate. (b) Plans with Minimum Terms. If you subscribe to a Bundled Services plan with a term commitment, you agree to maintain such services for the minimum term of that plan. At the end of your term, you may be given the option to select a new Bundled Services plan. If you do not select a new Bundled Services plan, your account will automatically convert to a month-to-month plan at a monthly fee that may be higher than your current rate. If you subscribe to a new Bundled Services plan, the terms of that plan will apply. Certain charges such as taxes and other governmental fees, franchise fees, regional sports network fees, and broadcast fees, may change during the term of your plan. (c) Third-Party Charges. You acknowledge and agree that you may incur charges with third-parties that are separate and apart from the Service Fees charged by us. These may include charges resulting from accessing online services or purchasing products and services through interactive options available through the Service, and may include additional service and data charges or fees from a wireless or internet service provider (which may be a third party or a Verizon affiliate). You are solely responsible for all charges payable to third parties or Verizon affiliates, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions. (d) Late Fees. If we don't get your payment on time, we will charge you a late fee of up to 1.5 percent per month (18 percent per year) on the unpaid balance, or a flat $9 per month, whichever is greater, if allowed by law in the state of your billing address. The fees that are applicable to your account are displayed on your monthly bill. If any portion of your bill is not paid by the due date, Verizon may also terminate or suspend your Service without notice. If Verizon uses a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys' fees. If you fail to pay on time and Verizon refers your account(s) to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 18 percent. (e) Customer Deposits. We may require that you provide us with a refundable deposit (“Customer Deposit”) prior to or upon the activation or reactivation of the Service. We may also require an additional Customer Deposit after activation of the Service if you fail to pay any amounts when due hereunder or seek to upgrade your Service. We may apply Customer Deposits against any unpaid amounts at any time. Within ninety (90) days of termination of Service, we shall return a sum equal to the Customer Deposit, without interest unless otherwise required by law, minus any amounts due on your account including, without limitation, any amounts owed to us for unreturned or damaged Equipment. (f) Questions About Your Billing Statement. Subject to applicable law, if you intend to dispute a charge on your billing statement, you must contact us within 60 days of your billing date you receive the bill in question. UNDISPUTED PORTIONS OF YOUR BILLING STATEMENT MUST BE PAID BY THE DUE DATE TO AVOID A LATE FEE AND POSSIBLE SUSPENSION OR TERMINATION OF THE SERVICE. (g) Payments. Except as otherwise permitted under applicable law, you agree that you will pay your bill by check, credit or debit card, electronic funds transfer payments or such other payment method as we may designate. The outstanding balance is due in full each month. If any bank or other financial institution refuses to honor any payment, draft or instrument submitted for payment to your account, we may charge you a fee in accordance with applicable law. Based on your election and subject to our approval, Verizon or its agent will bill you directly, or bill your charge card or local Verizon telephone bill (where available). IF YOU ELECT TO BE BILLED ON YOUR VERIZON PHONE BILL, BY USING THE SERVICES, YOU AGREE TO HAVE ALL SERVICE CHARGES INCLUDED ON YOUR PHONE BILL. IF YOU SUBSCRIBE TO A BUNDLED SERVICES PLAN, THEN ALL OF THE BUNDLED SERVICES MUST BE BILLED ON YOUR VERIZON PHONE BILL. (h) Consents Regarding Credit. We may evaluate your credit history before modifying or providing you Service. In order to establish an account with us and/or obtain or modify the Service, you hereby authorize us to obtain a report from a consumer credit agency and to exchange information with others in connection with determining your creditworthiness. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. (i) Complaint Procedures. If you have any concerns regarding customer service, billing, or service quality, please contact us via the methods set forth in your monthly invoice or in the “Contact Us” section of verizon.com. When you contact us, please explain the nature and history of the problem. We will try to promptly resolve your concern. If we are unable to resolve your concern, we will notify you that we are unable to do so and explain the reason why. (j) Braille and Large Print Bills. For information about receiving your Verizon bills in either Braille or Large Print, call 1-800-974-6006, Monday–Friday, 8:30am–5:00pm. Additional accessibility information is available at http://www.verizon.com/about/fios-accessibility-services. 12. WARRANTIES AND LIMITATION OF LIABILITY. (a) Service Interruptions. The Service may be interrupted from time to time for a variety of reasons, and Verizon does not represent or warrant that the Service or the Equipment, or any Other Devices, will be available or perform in a manner that meets your needs. Verizon will not be liable for any inconvenience, loss, liability or damage resulting from any preemption, loss, blackout or interruption of the Service, directly or indirectly caused by or resulting from any circumstances, including, without limitation, any circumstance beyond Verizon’s reasonable control, including, but not limited to, causes attributable to you or your property, inability to obtain access to the Premises, failure of a communications satellite or our network, inability to access or interruptions in accessing Programming, loss of use of poles or other utility facilities, strike, labor dispute, riot or insurrection, war, explosion, act of terrorism, malicious mischief, fire, flood or other acts of God, failure or reduction of power, or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Service. (b) YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR OTHER DEVICES PROVIDED BY VERIZON (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR OTHER DEVICES), VERIZON (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), (COLLECTIVELY THE “VERIZON PARTIES”), ITS THIRD-PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON- INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY VERIZON OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. (c) VERIZON DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF VERIZON HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY AND THE CONDITION OF WIRING INSIDE YOUR LOCATION, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR VERIZON SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT). (d) IN NO EVENT SHALL THE VERIZON PARTIES OR VERIZON’S THIRD-PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. (e) THE LIABILITY OF THE VERIZON PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD-PARTY END-USER LICENSE OR OTHER AGREEMENTS) OUR THIRD-PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO VERIZON FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. (f) ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO VERIZON’S THIRD- PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD- PARTY BENEFICIARIES OF THIS AGREEMENT. (g) THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. 13. INDEMNIFICATION. You agree to defend, indemnify and hold harmless the Verizon Parties from and against all liabilities, costs and expenses, including reasonable attorneys’ and experts’ fees, related to or arising from your use of the Service, the Equipment, and any Other Devices used in connection with the Service (or the use of your Service or any such Equipment or Other Devices by anyone else), (i) in violation of applicable laws, regulations or this Agreement including, without limitation, infringement of copyrights or other proprietary rights; or (ii) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property. 14. NOTICES. If either of us intends to seek arbitration under this Agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Verizon of either arbitration or mediation should be sent to NoticeOfDispute@verizon.com or to Verizon Dispute Resolution Manager, One Verizon Way, VC54N090, Basking Ridge, NJ 07920. A copy of the Notice of Dispute form can also be found at www.verizon.com/terms/disputes. The notice must describe the nature of the claim and the relief being sought, in the manner directed in the applicable arbitration or mediation Section of this Agreement. Other notices required under this Agreement shall be provided by you by contacting us via the methods set forth in your monthly invoice or in the Contact Us section of verizon.com. Our notices to you shall be deemed given: (a) when sent by e-mail to your last-known e-mail address according to our records; (b) when delivered over the cable system; (c) when deposited in the United States mail addressed to you at your last-known address; (d) when hand-delivered to your Premises, as applicable or (e) when included in our billing statements to you, regardless of whether billing statements are mailed to you or you have elected a paperless billing option. 15. GENERAL PROVISIONS. (a) Survival. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of the Agreement, including, without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination. (b) Assignment. You agree not to assign or otherwise transfer this Agreement, or your rights and obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. Furthermore, you agree to notify us of any changes of ownership of, or occupancy in, the Premises immediately upon such transfer of ownership or change in occupancy. We may freely assign all or any part of this Agreement with or without notice to you and you agree to make all subsequent payments as directed. (c) Applicable Law. Except as otherwise required by law, you and Verizon agree that the Federal Arbitration Act and the substantive laws of the state and local area in which your Premises is located (the “Service Jurisdiction”), without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or related in any way to the subject matter of this Agreement. UNLESS YOU AND VERIZON AGREE OTHERWISE, YOU AND VERIZON CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN THE SERVICE JURISDICTION FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT. Except as otherwise required by law, including the Service Jurisdiction laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever waived. (d) Waiver. Verizon’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. (e) Entire Agreement. This Agreement, including any policies or materials that are incorporated herein by reference, constitutes the entire agreement between you and Verizon with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in writing, signed by an authorized person at Verizon. 16. VOLUNTARY MEDIATION. Verizon offers customers the option of participating in a free internal mediation program. This program is entirely voluntary and does not affect either party's rights in any other aspect of the dispute resolution procedures outlined in Section 17. In our voluntary mediation program, we will assign an employee who is not directly involved in the dispute to help both sides reach an agreement. That person has all the rights and protections of a mediator and the process has all of the protections associated with mediation. For example, nothing said in the mediation can be used later in an arbitration or lawsuit. If you would like to know more, or you would like to start the mediation process, please contact us at NoticeOfDispute@verizon.com or through Verizon Dispute Resolution Manager, One Verizon Way, VC54N090, Basking Ridge, NJ 07920, for a Notice of Customer Dispute Form. A copy of the Notice of Dispute form can also be found at www.verizon.com/terms/disputes. Fill out and send the Notice of Dispute Form to us according to the directions on the form. 17. ARBITRATION OR SMALL CLAIMS ACTIONS. We hope to make you a happy customer, but if there's an issue that needs to be resolved, this Section outlines what's expected of both of us. YOU AND VERIZON BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT: (a) The Federal Arbitration Act applies to this Agreement. Except for small claims court cases, any dispute that in any way relates to or arises out of this agreement, or from any equipment, products and services you receive from us, or from any advertising for any such products or services, or from our efforts to collect amounts you may owe us for such products or services, including any disputes you have with our employees or agents, will be resolved by one or more neutral arbitrators before the American Arbitration Association ("AAA"). You can also bring any issues you may have to the attention of federal, state, or local government agencies, and if the law allows, they can seek relief against us for you. This agreement to arbitrate continues to apply even after you have stopped receiving service from us. (b) UNLESS YOU AND VERIZON AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. For claims over $10,000, the AAA's consumer arbitration rules will apply. For claims of $10,000 or less, the party bringing the claim can choose the AAA's consumer arbitration rules or can bring an individual action in small claims court. You can get procedures, rules and fee information from the AAA (www.adr.org) or from us. For claims of $10,000 or less, you can choose whether you would like the arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person or by phone. (c) THIS AGREEMENT DOESN’T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR. (d) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. Notice to Verizon should be sent to NoticeOfDispute@verizon.com or to Verizon Dispute Resolution Manager, One Verizon Way, VC54N090, Basking Ridge, NJ 07920. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve our dispute within 30 days, either party may then proceed to file a claim for arbitration. We’ll reimburse any filing fee that the AAA charges you for arbitration of the dispute. If you provide us with signed written notice that you cannot pay the filing fee, Verizon will pay the fee directly to the AAA. If that arbitration proceeds, we'll also pay any administrative and arbitrator fees charged later. (e) We may, but are not obligated to, make a written settlement offer any time before the arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If you don’t accept the offer and the arbitrator awards you an amount of money that’s more than our offer but less than $5000, or if we don’t ma k e you an offer, and the arbitrator awards you any amount of money but less than $5000, then we agree to pay you $5000 instead of the amount awarded. In that case we also agree to pay any reasonable attorneys' fees and expenses, regardless of whether the law requires it for your case. If the arbitrator awards you more than $5000, then we will pay you only that amount. (f) An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. (g) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (c) CANNOT BE ENFORCED AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE. (h) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND VERIZON AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND VERIZON UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. Exhibit A Location VERIZON AFFILIATE PROVIDING VIDEO SERVICE VERIZON INTERNET SERVICE AFFILIATE PROVIDING EQUIPMEN Delaware Verizon Delaware LLC Verizon Online LLC Maryland Verizon Maryland Inc. Verizon Online - Maryland Massachusetts Verizon New Verizon Online LLC New Jersey Verizon New Verizon Online LLC New York Verizon New York Inc. Verizon Online LLC Pennsylvania Verizon Pennsylvania LLC Verizon Online Pennsylvania Rhode Island Verizon New Verizon Online LLC Virginia (with Verizon Virginia Inc. Verizon Online LLC Dumfries, Chesapea ke, City of Manassas, City of Manassas Park, Occoquan, Stafford Connecticut Verizon South Inc. Verizon Online LLC EXHIBIT B ON DEMAND SERVICES Verizon On Demand Services provide a multi-screen viewing function for certain Fios TV content, and is included as part of your Fios TV Services. Your use of On Demand Services is conditional upon your continued adherence to the Verizon Online Terms of Service and the Fios TV Terms of Service, located at https://www.verizon.com/terms and of Verizon’s Acceptable Use Policy, which is included in Exhibit B. In the event of any conflict between these Verizon Fios TV Terms of Service and the Verizon Online Terms of Service, the Verizon Fios TV Terms of Service will control solely to the extent of such conflict. 1. Definitions. "Content" shall mean video, audio, image or other files or data in digital or electronic form of any type provided through the Service. "On Demand Library Content" means the collection of rented or unlimited/purchased On Demand Content, as defined below. 2. User Account. You must establish and/or maintain a "My Verizon" account at http://verizon.com/myverizon and enable such My Verizon account to license On Demand Content (on a rental or unlimited basis). Your "My Verizon" account will then become an "On Demand Enabled Account." 3. Authorized Devices. In order to access the On Demand Library Content, you will need a compatible viewing device, such as a PC or a portable/handset device, that (i) meets the minimum technical requirements that Verizon may establish from time to time, (ii) supports the digital rights management system, if any, required for access to the On Demand Library Content, and (iii) has been registered with your On Demand Enabled Account (each, a "On Demand Authorized Device"). You can register up to five (5) On Demand Authorized Devices per On Demand Enabled Account, and if you subscribe to Fios TV, all of your set-top boxes within a single household will count as one of your allotted On Demand Authorized Devices. In order to register and de-register portable On Demand Authorized Devices, you need to register the device through a Verizon-provided application. You are only permitted to de- register two (2) On Demand Authorized Devices per On Demand Account per calendar year without connecting through your PC and you are only permitted to de-register and re- register the same On Demand Authorized Device two (2) times within a calendar year. 4. On Demand Service Description & Conditions of Use 4.1 On Demand Service allows you to access and view On Demand Content in a variety of ways: a. by streaming On Demand Content to your TV through a Verizon-supplied Fios TV set-top box; b. by downloading On Demand View Content to an authorized wireless handset or portable device, or other customer equipment supporting media playback, using Verizon-provided applications. Verizon may enable you to stream On Demand Content to your device. 4.2. On Demand Service Requirements. Internet access is required to use the Services. You are solely responsible for compliance with any minimum system requirements, and for obtaining, installing, configuring, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Services. Certain downloaded content may be viewed offline. Not all On Demand Content is available for download. Fast-forward, rewind, 3-Day Rewind for viewing programming that has aired in the previous three days, and other viewing capabilities may vary. The availability of standard definition, high definition, and ultra-high definition video programming may also vary. You acknowledge that delivery of Content is dependent on variables not under Verizon’s control, including, but not limited to, the speed and availability of your broadband or network connection. You may experience delays or technical difficulties caused by or related to such variables, as well as the technical limitations of the On Demand Authorized Device on which you view the On Demand Library Content. To the extent permitted by applicable law, you will not receive a refund or credit for any Content that you are not able to view or have difficulty viewing due to such variables. You bear all responsibility for ensuring that you have the viewing capabilities to view Content in the appropriate format or at all. 4.3. The On Demand Service is intended solely for your non- transferable, non-commercial, private and personal use, and any other use or attempted use for commercial or other purposes is strictly prohibited. You understand and agree that advertisements, as well as certain communications from Verizon such as service announcements and administrative messages, are part of the Services and are necessary for Verizon to provide the Services. Your use of third-party platforms, such as Ultraviolet and Disney Movies Anywhere, may require your periodic consent for us to share content with the platform providers. When you use Verizon Services, the Verizon Terms of Service and Privacy Policy apply. When using another service provider’s platform, the service provider's Terms of Service and Privacy Policies for the platform will apply. 4.4. Digital Licenses for On Demand Content. Regardless of the use of the word "purchase," and except as set forth herein, all On Demand Content is offered for license, not purchase or sale, and is subject to this Agreement and any other license terms and conditions applicable to the On Demand Content, including limitations imposed by the use of any digital rights management technology. On Demand Content can be licensed in two ways: 4.4.1. Purchased On Demand Content: When you purchase On Demand Content, the payment of a purchase fee will entitle you to access the purchased On Demand Content for viewing on Authorized Devices an unlimited number of times over an indefinite period of time. Purchased On Demand Content will continue to be accessible if you are no longer a Fios TV customer, but your use of such On Demand Services will be subject to the terms of this Agreement. 4.4.2. Rented On Demand Content: When you rent On Demand Content, the payment of a rental fee will entitle you to access the rented On Demand Content for viewing on one or more Authorized Devices an unlimited number of times over a fixed period of time, typically 24 hours from the purchase or initial playback of the Rented On Demand Content. Upon the payment of the rental fee, you may be given the option to "Watch On This Screen" or "Watch on Any Screen". 4.4.2.1. If you select "Watch On This Screen", you can watch the Rented On Demand Content only on the specific On Demand Authorized Device on which the payment of the rental fee was made. The rented title will be downloaded to such On Demand Authorized Device, and it will be viewable as many times as you like for a viewing period of 24 (or in some cases up to 48) hours from the time you first initiate playback of the rented title. You must not delete the digital file from local storage prior to initiating playback, and you must initiate playback within 30 days of your rental purchase. 4.4.2.2. If you select "Watch On Any Screen", you will have 24 (or in some cases up to 48) hours from the time of the payment of your rental fee to watch (and if necessary, download) the title as may times as you like on any of your On Demand Authorized Devices. However, only one of your On Demand Authorized Devices may play back the Rental Content at any one time. 4.4.3. Upon the payment of either a purchase or rental fee, Verizon grants you a limited, non- exclusive, revocable, non-transferable license to use the On Demand Content solely for your personal, non-commercial/non-public, entertainment use. 4.5. Purchased On Demand Content Availability. Once you purchase or rent On Demand Content, you bear the responsibility for completing download and/or use and for all risk of loss of the purchased and downloaded On Demand Content. Verizon encourages you to download or access your Purchased On Demand Content immediately after purchase. 4.5.1. Purchased On Demand Content may become unavailable for streaming (including streaming to your TV via a Verizon Fios TV set-top box) or re- download due to Content provider licensing and other restrictions, and Verizon will not be liable to you if Purchased On Demand Content becomes unavailable for further download, streaming and/or use. 4.5.2. Re-delivery of purchased On Demand Content. Verizon can only re-deliver to you the digital files containing Purchased On Demand Content a maximum of two (2) times during any calendar year. 4.5.3. Restrictions on Streamed Viewing. Verizon may limit the number of concurrent streams (including any streams delivered to the TV via a Fios TV set-top box) that are available from the same account at any one time. The maximum number of concurrent streams, the number of additional streams that may be purchased, and the concurrent availability of the same On Demand titles may vary. Streaming and downloading are available only in the U.S. and U.S. territories. 4.6. Reservation of Rights. All Content provided by Verizon or its third party licensors on any website or other resource provided by Verizon at which On Demand Content may be purchased, including, without limitation, images, animations, previews, video programming, information services, audio, music, and text, irrespective of the manner or format in which such Content is delivered, is the property of Verizon or its licensors. You understand and acknowledge that your rights with respect to On Demand Content are limited by copyright law. All rights regarding use of On Demand Content not expressly granted in this Agreement are reserved by Verizon and/or its licensors. 4.7. General Restrictions. The Services are intended for use within the United States. You agree to follow all rules and policies applicable to the Services, including required or automated updates, modifications and/or reinstallations of Access Software or other software and obtaining available patches to address security, interoperability and/or performance issues. You also agree: (i) to comply with all applicable laws, rules and regulations when using the Services and accessing or viewing On Demand Library Content; and (ii) not to reverse engineer, decompile, disassemble or otherwise tamper with or modify any of the security features, usage restrictions or other Service components for any reason (or help anyone else to do so). 5. Data Charges. You acknowledge and agree that you may also incur data charges or fees from a wireless or internet service provider (which may be Verizon or a third party) for accessing online services or purchasing products and services through interactive options available through the Service. You are solely responsible for all charges or fees payable to Verizon or third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions. EXHIBIT C ACCEPTABLE USE POLICY 1. General Policy: Verizon reserves the sole discretion to deny or restrict your Service, or immediately to suspend or terminate your Service, if the use of your Service by you or anyone using it, in our sole discretion, violates the Agreement or other Verizon policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the Verizon network by Verizon or other users, or violates the terms of this Acceptable Use Policy ("AUP"). 2. Specific Examples of AUP Violations. The following are examples of conduct which may lead to termination of your Service. Without limiting the general policy in Section 1, it is a violation of the Agreement and this AUP to: (a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of Verizon or any other entity, or to penetrate the security measures of Verizon or any other person's computer system, or to attempt any of the foregoing; (b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, "spamming", "flaming" or denial of service attacks; (c) intercept, interfere with or redirect email or other transmissions sent by or to others; (d) introduce viruses, worms, harmful code or Trojan horses on the Internet; (e) post off-topic information on message boards, chat rooms or social networking sites; (f) engage in conduct that is defamatory, fraudulent, obscene or deceptive; (g) violate Verizon's or any third party's copyright, trademark, proprietary or other intellectual property rights; (h) engage in any conduct harmful to the Verizon network, the Internet generally or other Internet users; (i) generate excessive amounts of email or other Internet traffic; (j) use the Service to violate any rule, policy or guideline of Verizon; (k) use the service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism; or (l) download or use the Service in Cuba, Iran, North Korea, Sudan and Syria or to destinations that are otherwise controlled or embargoed under U.S. law, as modified from time to time by the Departments of Treasury and Commerce. 3. Copyright Infringement/Repeat Infringer Policy. Verizon respects the intellectual property rights of third parties. Accordingly, you may not store any material or use Verizon's systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of Verizon to suspend or terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, Verizon expressly reserves the right to suspend, terminate or take other interim action regarding the Service of any Subscriber or account holder if Verizon, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Verizon may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for contacting Verizon's designated Copyright Agent as set forth in Verizon's Copyright Policy located at http://www.verizon.com/copy.html. 4. Verizon may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement and AUP. You acknowledge that Verizon shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Service, including but not limited to content that violates the law or this Agreement. Fios TV TOS v 20.1 Effective Date January 16, 2020 Rates are effective as of December 2020 Fios TV rate card & plans Digital service1,4 Fios Mix & Match TV plans Monthly price Fios Local TV $40 Fios TV Test Drive $50 Your Fios TV $50 More Fios TV $70 The Most Fios TV $90 Fios TV Mundo $70 Fios TV Mundo Total $90 Other Fios TV consumer plans Monthly price5,7 Fios TV Local $25 Custom TV Kids & Pop $64.99 Custom TV Sports & News $64.99 Custom TV Action & Entertainment $64.99 Custom TV News & Variety $64.99 Custom TV Lifestyle & Reality $64.99 Custom TV Infotainment & Drama $64.99 Custom TV Home & Family $64.99 Fios TV Preferred HD $74.99 Fios TV Extreme HD $79.99 Fios TV Ultimate HD $89.99 Subscription sports 2020-2021 season plans Price Sales of subscription sports plans are subject to change due to COVID-19. Updates will be provided as soon as more information is made available. MLB Extra Innings $199 MLS Direct Kick $89 NHL Center Ice $99.99 Subscription sports 2020-2021 season plans (cont'd) Price NBA League Pass $199 Availability of 2020-2021 early-bird, half-season and playoff options for the plans above are subject to change due to COVID-19. Seasonal sports plans auto-renew; customer notice will contain cancellation instructions. Premium sports channels Monthly price Many sports leagues continue to be impacted by COVID-19 and game schedules are subject to change. Updates will be provided as soon as more information is made available. Sports Pass $14 Fox Soccer Plus $14.99 Premium channels & plans Monthly price Cinemax®$15 EPIX®$15 HBO®$15 HBO MaxTM $15 SHOWTIME®$15 S TARZ ®/ENCORE®$15 International language packages2 Monthly price varies On-demand Price International premium channels Monthly price varies On-demand movies and games Varies On-demand subscriptions Monthly price varies Pay per view Varies Equipment Monthly price CableCARD $4.99 Digital Adapter $7.99 Equipment (cont'd) Monthly price Set-top box (per set-top box) First two boxes $12 Boxes 3-5 $6 6+ boxes No additional charge Fios Router 6 $15 rental, $299.99 purchase Fios Quantum Gateway Router 6 $12 rental, $199.99 purchase Recording services Monthly price DVR service $12 Multi-room DVR enhanced service $20 Multi-room DVR premium service $30 Initial installation One-time charges Agent assistance fee $7 Fios TV setup — activation of existing outlets up to the number of set-top boxes ordered $99 Fios TV setup — activation of existing outlets and any new outlets needed, up to the number of set-top boxes ordered $160 New outlet install/existing outlet relocation (per outlet) not covered in setup charge $60 Subsequent installations/charges One-time charges Tech visit charge (additional charges may apply) $100 New outlet install/existing outlet relocation (per outlet) not covered in setup charge $60 Service charge3 up to $100 Set-top box return with equipment drop-off at Verizon authorized locations/UPS locations with prepaid mailer Free Set-top box add/upgrade drop ship charge $25 Subsequent installations/charges (cont'd) One-time charges TV equipment upgrade charge $50 TV equipment technician install $100 Other services and charges One-time charges Seasonal service suspension (charged at initiation, 1–9 months) $50 Expedited shipping option $15 Fios TV service suspend for non-payment $50 Fios replacement remote $15 Fios TV Voice Remote $24.99 Unreturned/damaged — Fios Router $175 Unreturned/damaged — Fios Quantum Gateway Router $100 Unreturned/damaged — CableCARD $70 Unreturned/damaged — Digital Adapter $90 Unreturned/damaged STB — Standard definition $160 Unreturned/damaged STB — Video media client $115 Unreturned/damaged STB — Fios TV One Mini $115 Unreturned/damaged — Fios service unit $210 Unreturned/damaged STB — High definition $190 Unreturned/damaged STB — SD digital video recorder (DVR) $330 Unreturned/damaged STB — HD digital video recorder (DVR) $260 Unreturned/damaged STB — Video media server $375 Unreturned/damaged STB — Fios TV One $375 1.Not all plans are available to every customer. Equipment may be required (see equipment prices section). Listed monthly prices do not include equipment charges. Unless otherwise provided in the Terms of Service, Verizon-supplied equipment must be returned if the service is terminated or an unreturned equipment charge will apply. A charge also applies for damaged equipment. 2.Some international language packages cannot be combined with La Conexión/Fios TV Mundo Total/Fios TV Mundo. 3.A charge may be assessed when a technician determines the issue is related to a customer’s equipment or wiring. 4.Rates shown are for new subscribers only and vary based on plan and payment options; rates for existing subscribers may also vary based on subscriber tenure. Equipment does not have a varied rate based on subscriber tenure. Rates do not include taxes, and for certain plans do not include: fees, franchise fees and other charges paid to federal, state and local governments or other applicable fees. 5.A Regional Sports Network Fee of up to $8.89 applies monthly to Custom TV (with Sports & News, News & Variety or Home & Family), Fios TV Preferred HD, Fios TV Extreme HD, Fios TV Ultimate HD, Fios TV Mundo Total and Fios TV Mundo plans. 6.A single rental charge applies per account. 7.A broadcast fee of up to $6.49 applies monthly to Custom TV (with Sports & News, News & Variety or Home & Family), Fios TV Preferred HD, Fios TV Extreme HD, Fios TV Ultimate HD, Fios TV Mundo Total, Fios TV Mundo and Fios TV Local. Service/program availability varies by location and the number of channels within each plan is an approximation and is subject to change. Not all plans are available to all customers. Pricing applies to residential use only within the United States and is subject to change. Services are subject to the Terms of Service, which include limitations of liability and single arbitration. These terms, and the current version of this rate card can be found at verizon.com/terms. TV Rates 12-20 ©2021 Verizon Customer Name Primary Phone: Account Number: Bill Date: December 11, 2020 Account Number: Pay online at verizon.com/PayOnline Customer Name Address line1 Address line 2 Town MA Zip-zip4 Auto Pay Amount:$144.80 Auto Pay Scheduled -Do Not Send Payment Fios Internet,TV &Phone Bundle $79.99 Services &Equipment $36.00 Fees &Other Charges $28.81 Total Due by January 5 $144.80 You're enrolled in auto pay: $144.80 Auto pay date Jan 2 Great News -bill credits for missed live sports games •Verizon is receiving refunds from several Regional Sports Networks (RSNs)for providing a reduced number of live sports games due to COVID-19.Verizon is passing the refunds on to Fios customers as bill credits.You will find the credit on this bill labeled as RSN Credit.We anticipate that additional refunds may come to Verizon in early 2021.If so,we will notify you again to let you know when credits from such refunds will be applied to a future bill. •For more information,visit verizon.com/sportscredit. Try a Premium on us Enjoy the holidays with 48 free hours of the best premium entertainment on TV.Just tune into any premium channel you don't have and select Free Preview.It's a free look at all the movies and shows you've been missing.You can watch right on your TV,on the Fios TV app or On Demand. Holiday movie night This holiday season,catch up on your favorite seasonal movies and all the new releases you may have missed, like Tenet,Fatman,The New Mutants and many,many more.Go to On Demand on your TV or PC and select a movie to buy,rent or preorder tonight. Customer Name Primary Phone: Account Number: Bill Date: December 11, 2020 Page 2 of 4 Enroll in Auto Pay When you sign up for Auto Pay,you can ensure your payment is on time each month.Enroll online at myverizon.com. Discounts This Month -$105.00 Discounts have been applied to the Total Due shown on page 1. Your Discounts Price Your Discounts Amount You Pay Bundle Discounts Discount Details Fios Gigabit Connection 100.00 -65.00 35.00 $65 discount: $10 expires 5/11/21. $55 has no current expiration. Custom TV Home &Family 54.99 -30.00 24.99 $30 discount: $20 expires 5/11/22. $10 has no current expiration. Fios Digital Voice Unlimited 30.00 -10.00 20.00 $10 discount expires 5/11/22. Bundle Price $184.99 -$105.00 $79.99 Customize sports Create the ultimate fan experience by customizing your own Sports guide in the Fios TV app to easily follow your favorite teams and sports.Get game reminders and see all your live sports options on one screen.Watch or record for later. Download the Fios TV app today. How can I review my bill in more detail? Review your bill at verizon.com/billview.Select 'View Details'. How do I sign up for paper free billing? You can enroll in paper free billing at verizon.com/PaperFree. If a credit or adjustment is applied, where do I find this on my bill? Credits and Adjustments are located on page 3 of your bill.It may take up to two billing cycles for credits to be applied to your account and appear on your bill.You can also visit verizon.com/BillView.Select 'History'and then 'Payment History'.You will see options for active investigations and any credits granted. Customer Name Primary Phone: Account Number: Bill Date: December 11, 2020 Page 3 of 4 Details of Previous Period Previous Balance $144.80 Payments Payment -134.38 12/2 Payment activity since last bill date. Adjustments and Credits TV RSN CREDIT:NESN -10.42 11/27 Adjustments to previous months'charges. Adjustments can be charges or credits. Balance Forward $.00 Details of Charges Includes discounts shown on page 2. Fios Internet,TV &Phone Bundle Your bundle includes Fios Gigabit Connection,Custom TV Home & Family and Fios Digital Voice Unlimited Bundle Price $79.99 12/12 -1/11 Your monthly price after the discounts shown on page 2 were applied. Services &Equipment Equipment Rent:4 Set-Top Boxes 36.00 12/12 -1/11 Q Equipment and additional services to personalize your Fios service. Fees &Other Charges Taxes,Governmental Fees &Surcharges MA State Sales Tax 2.25 911/Disability Access Fee 1.50 Verizon Surcharges &Fees PEG Grant Fee 3.33 Federal Universal Service Fee 3.69 License Fee .11 Regulatory Recovery Fee -Federal .07 Franchise Related Costs .20 Verizon Property Tax Recovery Charge 2.29 Regional Sports Network Fee 7.89 Q0349 Fios TV Broadcast Fee 6.49 Q6443 FDV Administrative Charge .99 J5162 Subtotal $28.81 Total Due $144.80 Includes both Verizon fees and governmental taxes and fees.For details, visit verizon.com/taxesandfees. Customer Name Primary Phone: Account Number: Bill Date: December 11, 2020 Page 4 of 4 It's Easy to Pay Your Verizon Bill with Your Fios TV Remote Control You just need to be registered on myverizon.com and have a saved payment method Follow these easy steps: Set up a Parental/Purchase Control PIN by pressing Menu, Settings,System and Parental/Purchase Control Press Menu,Customer Support then My Account.• Select Billing and Payment then View Account or Make A Payment and enter your Parental Control Pin • Select Continue to view Account Summary• Select Continue from Account Summary,then OK again to Pay Your Bill • Select Payment Account,from your Payment Account,then press OK to submit • A confirmation of your payment will display once the transaction is complete • Customer Notices Your Choices to Limit Use and Sharing of Information for Marketing You have choices about Verizon's use and sharing of certain information for the purpose of marketing new services to you. Verizon offers a full range of services,such as television, telematics,high-speed internet,video,and local and long distance services. Unless you notify us as explained below,we may use or share your information beginning 30 days after the first time we notify you of this policy.Your choice will remain valid until you notify us that you wish to change it,which you have the right to do at any time.Verizon protects your information and your choices won't affect the provision of any services you currently have with us. Customer Proprietary Network Information• Customer Proprietary Network Information (CPNI)is information available to us solely by virtue of our relationship with you that relates to the type,quantity,destination,technical configuration,location,and amount of use of the telecommunications and interconnected VoIP services you purchase from us,as well as related billing information. We may use and share your CPNI among our affiliates and agents to offer you services that are different from the services you currently purchase from us.If you don't want us to use or share your CPNI with our affiliates and agents for this purpose,let us know by calling us any time at 1.866.483.9700. Information about Your Credit• Information about your credit includes your credit score,the information found in your consumer reports and your account history with us.We may share this information among the Verizon family of companies for the purpose of marketing new services to you.If you don't want us to share this information among the Verizon family of companies for the purpose of marketing new services to you,let us know by calling us any time at 1.844.366.2879. Electronic Fund Transfer (EFT) Paying by check authorizes us to process your check or use the check information for a one-time EFT from your bank account.Verizon may retain this information to send you electronic refunds or enable your future electronic payments to us.If you do not want Verizon to retain your bank information,call 1.888.500.5358. Late Payment Charge To avoid a late payment charge,pay the total due by Jan 13, 2021.For internet and phone,the late payment charge is $9 or 1.5%of your total due,whichever is greater.For TV services, the late payment charge is 1.5%. Service Providers Verizon MA provides regional,local calling and related features,other voice services,and Fios TV service,unless otherwise indicated.Verizon Long Distance provides long distance calling and other services identified by "VLD"in the applicable billed line item.Verizon Online provides Internet service and Fios TV equipment.Fios is a registered mark of Verizon Trademark Services LLC. Local Franchise Authority -Fios TV Your FCC Community ID is:MA0443 Services Questions Visit verizon.com/Support• 1.800.Verizon (1.800.837.4966)• Customers with disabilities,call 1.800.974.6006 (voice or tty) • Closed Captioning Questions and Concerns? If you have a concern or complaint with closed captioning on a program,please call Verizon at 1.800.Verizon (1.800.837.4966).Written correspondence can be sent by email to videoclosedcaption@verizon.com,or by mail to Verizon,P.O.Box 16806 Newark,NJ 07101 Attn:Katie Barton, Supv. Bankruptcy Information If you are or were in bankruptcy,this bill may include amounts for pre-bankruptcy service.You should not pay pre-bankruptcy amounts;they are for your information only. Mail bankruptcy-related correspondence to 500 Technology Drive,Suite 550,Weldon Spring,MO 63304. Fios TVListingsYourcompletechannelguide. Effective December 2020 63401_16pg.indd 1 1/14/21 10:24 AM C K 485 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg163401 16pg63401 16pg63401 16pg111 1 Local channels 1–49 SD, 501–549 HDLocal Plus channels 460–499 SDLocal Public/Edu/Gov (varies by location)15–47 SDEntertainment50–69 SD, 550–569 HDSports70–99 & 300–319 SD, 570–599 HDNews100–119 SD, 600–619 HD Info & education 120–139 SD, 620–639 HD Women 140–149 SD, 640–649 HD Marketplace 150–159 SD,650–659 HD Home & leisure 160–179 SD, 660–679 HD Channel Categories 63401_16pg.indd 2 1/14/21 10:24 AM K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg263401 16pg63401 16pg63401 16pg222 2 Pop culture 180–199 SD,680–699 HDMusic210–229 SD, 710–729 HDMovies/Family 230–249 SD,730–749 HDKids250–269 SD,780–789 HDPeople & culture 270–279Religion280–299 Premium movies 340–449 SD, 840–949 HD Pay per view/Subscription sports 1000–1499 Spanish language 1500–1760 Digital music 1800–1850 63401_16pg.indd 3 1/14/21 10:24 AM K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg363401 16pg63401 16pg63401 16pg333 3 Fios TV ListingsMix and Match PlansPackagesMoreFiosTV1TheMostFiosTV1FiosTVMundo2FiosTVMundoTotal1YourFiosTVVisit verizon.com for channel information. 1FiosTVLocalPackageandregionalsportsareincluded.2FiosTVLocalPackageandsomeregionalsportsareincluded.Local&RegionalSportsChannelsnotshown.Visitverizon.com/info/channel-lineup/tousetheFioschannellineuptooltoviewtheLocal&RegionalSportsChannelsavailable.Seepage7toviewthechannellineupforClassicTVplans.Network Channel PackageA&E 181/681 HDACC Network 71/571 HD AccuWeather 119/619 HD AMC 231/731 HD American Heroes Channel 125/625 HD Animal Planet 130/1565/630HD Antena 3 HD 1515 HD AyM Sports 1535 ASPiRE 272/772 HD AWE 169/669 HD AXS TV 215/569 HD BabyFirst 765 HD Bandamax Estados Unidos 1663 BBC America 189/689 HD BBC World News 107/609 HD Beauty IQ 656 HD beIN Sports HD 805 HD beIN Sports en Español 1538 HD BET 270/770 HD BET Gospel 225 BET Her 220/720 HD BET Jams 213 BET Soul 219 Big Ten 1 330 Network Channel PackageBig Ten 2 331Big Ten 3 333Big Ten Network 85/585 HDBloomberg 605 HDBoomerang258/1725Bravo185/685 HDBYU Television 290Canal 22 1646Canal Once 1567Canal SUR 1549Cars TV HD 599 HDCartoon Network 257/1726/757 HDCentroamérica TV 1703CBS Sports Network 94/594 HDCGTN277Cheddar 614 HDCine Estelar 1688Cine Latino 1685Cine Mexicano 1686Cine Nostalgia 1687 Cinémoi 236 Clan HD 1724 HD CMT 221/1665/721 HD CMT Music 222 CNBC+102/1544/602 HD CNBC World 106 CNN 100/1541/600 HD CNN en Español 1540 CNN International 105 Comedy Central 190/1644/690HD Comedy TV HD 695 HD Cooking Channel 163/663 HD Crime & Investigation Network 182/679 HD C-SPAN 109 C-SPAN 2 110 C-SPAN 3 111 Daystar 293/793 HD De Película 1680 De Película Clásico 1681 Destination America 168/668 HD Discovery Channel 120/1562/620 HD 63401_16pg.indd 4 1/14/21 10:24 AM C M Y K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg463401 16pg63401 16pg63401 16pg444 4 Network Channel PackageDiscovery En Español 1563/1558 HDDiscovery Familia 1702/1701 HDDiscovery Family Channel 259/789 HDDiscovery Life 161/624 HDDisney Channel 250/1729/780HDDisney Junior 260Disney XD 251/1722/781 HDDIY [Do It Yourself]167/667 HDDominican View 1548E! Entertainment Television 196/1640/696 HDEcuavisa Internacional 1512Eleven Sports 597 HDEnrich 659 HDEPIX395/895 HDEPIX 2 HD 896 HDES.TV HD 558 HDESPN70/570 HDESPN274/574 HDESPN College Extra 821–828 HD ESPN Deportes 1520/1537 HD ESPN U 73/573 HD ESPNews 72/572 HD ES. TV HD 558 HD EWTN 285 EWTN Español 1741 FETV 245 Fios 4K 1 1498 4K ‡ Fios 4K 2 1499 4K ‡ Fios Learning On Demand 131 Flix 390 Flix West 391 Food Network 164/1621/664 HD FOROtv 1551 Fox Business Network 117/1547/617 HD Fox Deportes 311/1521/1534 HD Fox Life 1582 Fox News 118/1543/618 HD Fox Sports 1 83/583 HD Fox Sports 2 84/584 HD Freeform 199/1700/699 HD Fusion 108 Network Channel PackageFX53/1504/553 HDFX Movie Channel 232/732 HDFXX191/1522/691 HDFYI129/629 HDGalavisión274Gem Shopping 658 HDGolf Channel 93/593 HDGran Cine 1683Great American Country 160/660 HDGSN184/684 HDHallmark Channel 240/740 HDHallmark Drama HD 737 HDHallmark Movies andMysteries 239/739 HDHD Net Movies 746 HDHGTV165/1622/665 HDHistory Channel 128/628 HDHistory Channel en Español 1561HITn279HLN Headline News Network 101 Hola TV 1579 HD HSN 151/1601/651 HD HSN2 654 HD IFC 234/734 HD Impact Network 287/787 HD Indieplex 348/848 HD INSP 286/786 HD Investigation Discovery 123/623 HD i24NEWS HD 610 HD Jewelry Television 152/1602/652HD Jewish Broadcasting Services 798 HD Justice Central TV 186 Law & Crime Network 678 HD Lifetime 140/1580/640 HD Lifetime Real Women 142 Liquidation Channel 159 LMN 141/1581/641 HD Logo TV 187/687 HD Longhorn Network 320 MAV TV 810 HD MGM HD 744 HD 63401_16pg.indd 5 1/14/21 10:24 AM C M Y K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg563401 16pg63401 16pg63401 16pg555 5 Network Channel PackageMilitary History Channel 126Milenio Television 1550MLB Network 86/1530/586 HDMLB Network Strike Zone 834 HDMotorTrend 631 HDMSNBC103/1545/603 HDMTV210/710 HDMTV Classic 218MTV Live 715 HDMTV2211/1661/711 HDmtvU212Multimedios TV 1511/1516 HDMusic Choice 1800–1850MyDestination TV HD 674 HDNat Geo Mundo 1564Nat Geo Wild 132/632 HDNational Geographic 121/621 HDNBA TV 89/589 HDNBC Sports Network 90/590 HD NBC Universo 275/1643/775 HD NESN National †97 Newsmax 115/615 HD Newsy 113/613 HD NFL Network 88/588 HD NFL RedZone [seasonal programming]335/835 HD NHL Network 87/587 HD Nick 2 253 Nick Jr.256/756 HD Nickelodeon 252/1728/752 HD NickMusic 214 Nicktoons 254/754 HD Nuestra Tele 1705 Olympic Channel 91/591 HD One America News Network 116/616 HD Ovation 78/188/688 HD OWN: Oprah Winfrey Network 145/1625/645 HD Oxygen 144/644 HD Paramount Network 54/1505/554 HD Pasiones 1583 Pets.TV HD 633 HD Network Channel PackagePOP194/694 HDPTL TV HD 795 HDPursuit 818 HDQVC150/1600/650 HDQVC 2 653 HDQVC 3 HD 656 HDRecipe TV HD 676 HDREELZ 692 HDRetroplex349/849 HDREVOLT 726 HDRide TV HD 635 HDRitmoson Latino EUA 1664SCI122/622 HDSEC Network 75/575 HDSEC Network Overflow*332Semillitas 1721 HDSHO x BET HD 868 HDShopHQ157/1603/657 HDShowtime365/865 HD Showtime 2 369/869 HD Showtime 2 West 370/870 HD Showtime Extreme 373/873 HD Showtime Extreme West 374/874 HD Showtime Family Zone 379 Showtime Family Zone West 380 Showtime Next 377 Showtime Next West 378 Showtime Showcase 367/867 HD Showtime West 366/866 HD Showtime Women 375 Showtime Women West 376 Sino TV Network 281 Smile of a Child 294 Smithsonian Channel 134/634 HD Starz®340/840 HD Starz Cinema 346/846 HD Starz Comedy 347/847 HD Starz Edge 342/842 HD Starz Edge West 343 Starz Encore 350/850 HD Starz Encore Action 360/860 HD 63401_16pg.indd 6 1/14/21 10:24 AM C M Y K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg663401 16pg63401 16pg63401 16pg666 6 Network Channel PackageStarz Encore Action West 361Starz Encore Black 358/858 HDStarz Encore Black West 359Starz Encore Classic 352/852 HDStarz Encore Classic West 353Starz Encore Español 363/863 HDStarz Encore Family 362/862 HDStarz Encore Suspense 356/856 HDStarz Encore Suspense West 357Starz Encore West 351Starz Encore Westerns 354/854 HDStarz Encore Westerns West 355Starz In Black 344/844 HDStarz Kids & Family 345/845 HDStarz West 341Sundance TV 235/735 HDSupercanal1507SUR Peru 1510Syfy180/1645/680HDTBN295 TBN Enlace USA 1740 TBS 52/1502/552 HD TeenNick 255/755 HD Tele El Salvador 1509 Telehit 1662 Telemicro Internacional 1513 TeleN 1590 TeleRitmo 1666 Televisión Dominicana 1506 Tennis Channel 92/592 HD The Cowboy Channel 246 The Hillsong Channel 288 The Movie Channel 385/885 HD The Movie Channel West 386 The Movie Channel Xtra 387/887 HD The Movie Channel Xtra West 388 The SonLife Broadcasting Network 297/797 HD The Weather Channel 611 HD The Word 292 Three Angels Broadcasting 291 Network Channel PackageTLC139/1566/639 HDTNT51/1501/551 HDTr3s: MTV 273Travel Channel 170/1623/670HDtruTV183/683 HDTUDN1524/1539 HDTurner Classic Movies 230TV Chile 1704TV Land 241/1707/741 HDTV One 271/771 HDTVE Internacional 1560TVG [horse racing]315TVG2316TyC Sports 1536Ultra Cine HD 1690 HDUltra Clásico HD 1693 HDUltra Docu HD 1570 HDUltra Fiesta HD 1670 HDUltra Film HD 1691 HD Ultra Kidz HD 1730 HD Ultra Luna HD 1585 HD Ultra Macho HD 1650 HD Ultra Mex HD 1692 HD Universal Kids 263/763 HD Universo 275/775 HD Univision tlNovelas 1584 UP 238/738 HD Upliftv 795 HD USA Network 50/1500/550 HD VH1 217/717 HD VICE 127/697 HD Viendo Movies 1689 HD VOD Weekly Highlights 339 WAPA América 1508 WE tv 149/649 HD WGN America 68/568 HD Willow Cricket 806 HD WOW 158 Yahoo! Finance 604 HD Z Living 662 HD 63401_16pg.indd 7 1/14/21 10:24 AM C M Y K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg763401 16pg63401 16pg63401 16pg777 7 Fios TV ListingsClassic PlansPackagesUtimateHD3ExtremeHD3PreferredHD3 CustomTV4Action&Entertainment AHome&Family HInfotainment&Drama IKids&Pop KLifestyle&Reality LNews&Variety NSports&News SNetwork Channel PackageA&E 181/681 HD AHILSACC Network 71/571 HD HNS AccuWeather 119/619 HD INS AMC 231/731 HD AHIKLNS American Heroes Channel 125/625 HD IN Animal Planet 130/630 HD AHIKLN ASPiRE 272/772 HD AHIKLNS AWE 169/669 HD AHIL AXS TV 215/569 HD BabyFirst 765 HD BBC America 189/689 HD A BBC World News 107/609 HD N Beauty IQ 656 HD beIN Sports HD 805 HD beIN Sports en Español 1538 BET 270/770 HD AHKL BET Gospel 225 BET Her 220/720 HD AHIKLNS BET Jams 213 BET Soul 219 Big Ten 1 330 HNS Network Channel PackageBig Ten 2 331 HNSBig Ten 3 333 HNSBig Ten Network 85/585 HD HNSBloomberg 605 HD HNKSBoomerang258/1725 HKBravo185/685 HD AHILBYU Television 290Cars TV HD 599 HD ALNCartoon Network 257/757 HD AHIKLSCBS Sports Network 94/594 HD SCGTN277AHIKLNSCheddar 614 HDCinémoi236CMT221/721 HD AHKLCMT Music 222CNBC+102/602 HD HNSCNBC World 106 AHIKLNSCNN100/600 HD HILNS CNN International 105 N Comedy Central 190/690 HD AHKL Comedy TV HD 695 HD ILN Cooking Channel 163/663 HD HL Crime & Investigation Network 182/679 HD I C-SPAN 109 INS C-SPAN 2 110 INS C-SPAN 3 111 INS Daystar 293/793 HD AHIKLNS Destination America 168/668 HD L Discovery Channel 120/620 HD AHIKLN Discovery Family Channel 259/789 HD HK Discovery Life 161/624 HD L Disney Channel 250/780 HD AHIKL Disney Junior 260 AHIKL Disney XD 251/781 HD AHIKL DIY [Do It Yourself]167/667 HD HI 3 FiosTVLocalPackageandregionalsportsareincluded.4 FiosTVLocalPackageincludedwithallCustomTVpackages.Local&RegionalSportsChannelsnotshown.Visittv.verizon.com/watch/guidetologintoyouraccounttoviewyourTVlistingsandtheLocal&RegionalSportsChannelsavailable. 63401_16pg.indd 8 1/14/21 10:24 AM C M Y K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg863401 16pg63401 16pg63401 16pg888 8 Network Channel PackageE! EntertainmentTelevision 196/696 HD HIKLEleven Sports 597 HDEnrich 659 HD LNSEPIX395/895 HDEPIX 2 HD 896 HDES.TV HD 558 HD ILNESPN70/570 HD HNSESPN274/574 HD HNSESPN College Extra 821–828 HDESPN Deportes 1520/1537 HD HNSESPN U 73/573 HD HNSESPNews72/572 HD HNSEWTN285AHIKLNSFETV245AHIKLNSFios 4K 1 1498 4K‡HNSFios 4K 2 1499 4K‡HNSFiosLearning On Demand 131 AHIKLNS Flix 390 Flix West 391 Food Network 164/664 HD AHL Fox Business Network 117/617 HD HIS Fox Deportes 311/1534 HD Fox Life 1582 N Fox News 118/618 HD AHILNS Fox Sports 1 83/583 HD HNS Fox Sports 2 84/584 HD HNS Freeform 199/699 HD HILKS Fusion 108 FX 53/553 HD AIKNS FX Movie Channel 232/732 HD AIKLNS FXX 191/691 HD AIKNS FYI 129/629 HD L Galavisión 274 Gem Shopping 658 HD AHIKLNS Golf Channel 93/593 HD HS Network Channel PackageGreat American Country 160/660 HD LNGSN184/684 HD HILSHallmark Channel 240/740 HD AHLHallmark Drama HD 737 HD AHIKLNSHallmark Movies andMysteries 239/739 HD AHIKLNSHD Net Movies 746 HDHGTV165/665 HD AHLSHistory Channel 128/628 HD AHILSHITn279INHLN Headline NewsNetwork 101 HILNSHSN151/651 HD AHIKLNSHSN2 654 HD AHIKLNSIFC234/734 HD AIKLNImpact Network 287/787 HDIndieplex348/848 HD INSP 286/786 HD AI Investigation Discovery 123/623 HD AHIL i24NEWS HD 610 HD Jewelry Television 152/652 HD Jewish Broadcasting Services 798 HD Justice Central TV 186 HILNS Law & Crime Network 678 HD AHILN Lifetime 140/640 HD AHILS Lifetime Real Women 142 L Liquidation Channel 159 AHIKLNS LMN 141/641 HD AHL Logo TV 187/687 HD L Longhorn Network 320 MAV TV 810 HD ALS MGM HD 744 HD A Military History Channel 126 ILN MLB Network 86/586 HD HNS MLB Network Strike Zone 834 HD 63401_16pg.indd 9 1/14/21 10:24 AM C M Y K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg963401 16pg63401 16pg63401 16pg999 9 Network Channel PackageMotorTrend 631 HD AHIKLNSMSNBC103/603 HD HINSMTV210/710 HD AHKLMTV Classic 218 AHKLMTV Live 715 HDMTV2211/711 HD AHKLmtvU212Music Choice 1800–1850 AHIKLNSMyDestinationTVHD 674 HD ILNNat Geo Mundo 1564 HILNat Geo Wild 132/632 HD HIKLNNational Geographic 121/621 HD HIKLNNBA TV 89/589 HD NSNBC SportsNetwork 90/590 HD HNSNESN National†97Newsmax115/615 HD HISNewsy113/613 HD NFL Network 88/588 HD HNS NFL RedZone [seasonal programming]335/835 HD NHL Network 87/587 HD NS Nick 2 253 Nick Jr.256/756 HD AHIKL Nickelodeon 252/752 HD AHIKL NickMusic 214 Nicktoons 254/754 HD AHIKL Olympic Channel 91/591 HD One America News Network 116/616 HD HILNS Ovation 188/688 HD H OWN: Oprah Winfrey Network 145/645 HD HIL Oxygen 144/644 HD AHL Paramount Network 54/554 HD AHKL Pets.TV HD 633 HD ILN POP 194/694 HD HIKL PTL TV HD 795 HD Network Channel PackagePursuit 818 HDQVC150/650 HD AHIKLNSQVC 2 653 HD AHIKLNSQVC 3 HD 656 HDRecipe TV HD 676 HD ILNREELZ 692 HD ALRetroplex349/849 HDREVOLT 726 HDRide TV HD 635 HD ILSSCI122/622 HD HILSEC Network 75/575 HD HNSSEC Network Overflow*332 HNSSHO x BET HD 868 HDShopHQ157/657 HD AHIKLNSShowtime365/865 HDShowtime 2 369/869 HDShowtime 2 West 370/870 HD Showtime Extreme 373/873 HD Showtime Extreme West 374/874 HD Showtime Family Zone 379 Showtime Family Zone West 380 Showtime Next 377 Showtime Next West 378 Showtime Showcase 367/867 HD Showtime West 366/866 HD Showtime Women 375 Showtime Women West 376 Sino TV Network 281 Smile of a Child 294 Smithsonian Channel 134/634 HD Starz®340/840 HD Starz Cinema 346/846 HD Starz Comedy 347/847 HD Starz Edge 342/842 HD Starz Edge West 343 Starz Encore 350/850 HD 63401_16pg.indd 10 1/14/21 10:24 AM C M Y K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg1063401 16pg63401 16pg63401 16pg101010 10 Network Channel PackageStarz Encore Action 360/860 HDStarz Encore ActionWest 361Starz Encore Black 358/858 HDStarz Encore Black West 359Starz Encore Classic 352/852 HDStarz Encore ClassicWest 353Starz Encore Español 363/863 HDStarz Encore Family 362/862 HDStarz Encore Suspense 356/856 HDStarz Encore SuspenseWest 357Starz Encore West 351Starz Encore Westerns 354/854 HDStarz Encore WesternsWest 355Starz In Black 344/844 HD Starz Kids & Family 345/845 HD Starz West 341 Sundance TV 235/735 HD AL Syfy 180/680 HD AHIKS TBN 295 TBN Enlace USA 1740 TBS 52/552 HD AHIKNS TeenNick 255/755 HD AHIKL Tennis Channel 92/592 HD S The Cowboy Channel 246 AHILNS The Hillsong Channel 288 The Movie Channel 385/885 HD The Movie Channel West 386 The Movie Channel Xtra 387/887 HD The Movie Channel Xtra West 388 The SonLife Broadcasting Network 297/797 HD AHIKLNS The Weather Channel 611 HD AHIKLNS Network Channel PackageThe Word 292Three AngelsBroadcasting 291TLC139/639 HD AHILNSTNT51/551 HD AHIKNSTr3s: MTV 273 ILTravel Channel 170/670 HD AHKLtruTV183/683 HD AHIKSTUDN1524/1539 HDTurner Classic Movies 230 AHIKSTV Land 241/741 HD AHKLTV One 271/771 HD AHLSTVG [horse racing]315TVG2 316Universal Kids 263/763 HDUniverso275/775 HDUP238/738 HD AHIKLNSUpliftv 795 HD USA Network 50/550 HD AHIKNS VH1 217/717 HD AHKL VICE 127/697 HD H VOD Weekly Highlights 339 WE tv 149/649 HD AHKL WGN America 68/568 HD AHN Willow Cricket 806 HD WOW 158 AHIKLNS Yahoo! Finance 604 HD HILNS Z Living 662 HD HILS 63401_16pg.indd 11 1/14/21 10:24 AM C M Y K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg1163401 16pg63401 16pg63401 16pg111111 11 Fios TV ListingsPremium Channels Additionalsubscriptionrequired.Network ChannelFlix390Flix West 391IndiePlex348/848 HDRetroPlex349/849 HDSHO x BET HD 868 HDShowtime365/865 HDShowtime 2 369/869 HDShowtime 2 West 370/870 HDShowtime Extreme 373/873 HD Showtime Extreme West 374/874 HD Showtime Family Zone 379 Showtime Family Zone West 380 Showtime Next 377 Showtime Next West 378 Showtime Showcase 367/867 HD Showtime West 366/866 HD Showtime Women 375 Showtime Women West 376 Premium Channels MoviePackage Network ChannelStarz®340/840 HDStarz Cinema 346/846 HDStarz Comedy 347/847 HDStarz Edge 342/842 HDStarz Edge West 343Starz Encore 350/850 HDStarz Encore Action 360/860 HDStarz Encore Action West 361Starz Encore Black 358/858 HDStarz Encore Black West 359Starz Encore Classic 352/852 HDStarz Encore Classic West 353Starz Encore Español 363/863 HDStarz Encore Family 362/862 HDStarz Encore Suspense 356/856 HDStarz Encore Suspense West 357Starz Encore West 351Starz Encore Westerns 354/854 HD Starz Encore Westerns West 355 Starz In Black 344/844 HD Starz Kids & Family 345/845 HD Starz West 341 The Movie Channel 385/885 HD The Movie Channel West 386 The Movie Channel Xtra 387/887 HD The Movie Channel Xtra West 388 63401_16pg.indd 12 1/14/21 10:24 AM K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg1263401 16pg63401 16pg63401 16pg121212 12 Premium Channels HBONetwork ChannelHBO400/899 HDHBO 2 402/902 HDHBO 2 West 403/903 HDHBO Comedy 408/908 HDHBO Comedy West 409/909 HDHBO Family 406/906 HDHBO Family West 407/907 HDHBO Latino 412/912 HDHBO Signature 404/904 HDHBO Signature West 405/905 HDHBO West 401/901 HDHBO Zone 410/910 HDHBO Zone West 411/911 HD Premium Channels EPIX Premium Channels OtherPremium Channels Cinemax Network Channel EPIX 395/895 HD EPIX 2 HD 896 HD Network Channel here!445 Network ChannelAction Max 424/924 HDAction Max West 425Cinemax420/920 HDCinemax West 421/921 HDFive Star Max 430/930 HDMAX Latino 429/929 HDMore Max 422/922 HDMore Max West 423/923 HDMovie Max 428/928 HDOuter Max 431/931 HDThriller Max 426/926 HDThriller Max West 427 63401_16pg.indd 13 1/14/21 10:24 AM K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg1363401 16pg63401 16pg63401 16pg131313 13 Spanish Language Additionalsubscriptionrequired.Network ChannelAntena 3 HD 1515 HDAyM Sports 1535BabyFirst 765 HDBandamax Estados Unidos 1663beIN Sports en Español 1538Boomerang258/1725Canal 22 1646Canal Once 1567Canal SUR 1549Centroamérica TV 1703Cine Estelar 1688Cine Latino 1685Cine Mexicano 1686Cine Nostalgia 1687CNN en Español 1540De Película 1680 De Película Clásico 1681 Discovery en Español 1563/1558 HD Discovery Familia 1702/1701 HD Disney XD 1722 Dominican View 1548 Ecuavisa Internacional 1512 ESPN Deportes 1520/1537 HD EWTN Español 1741 FOROtv 1551 Fox Deportes 1521/1534 HD Fox Life 1582 Fusion 108/1552 HD Galavisión 1503 Gran Cine 1683 History Channel en Español 1561 HITn 1648 Hola TV 1579 HD Network ChannelMilenio Television 1550Multimedios TV 1511/1516 HDNat Geo Mundo 1564Nuestra Tele 1705Pasiones1583Ritmoson Latino EUA 1664Semillitas 1721 HDSupercanal1507SUR Peru 1510TBN Enlace USA 1740Tele El Salvador 1509Tele N 1590Telehit1662Telemicro Internacional 1513TeleRitmo1666Televisión Dominicana 1506Tr3s: MTV 1660TUDN1524/1539 HD TV Chile 1704 TVE Internacional 1560 TyC Sports 1536 Ultra Cine 1690 Ultra Clásico 1693 Ultra Docu 1570 Ultra Fiesta 1670 Ultra Film 1691 Ultra Kidz 1730 Ultra Luna 1585 Ultra Macho 1650 Ultra Mex 1692 Universo 275/775 HD Univision tlNovelas 1584 Viendo Movies 1689 HD WAPA América 1508 63401_16pg.indd 14 1/14/21 10:24 AM K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg1463401 16pg63401 16pg63401 16pg141414 14 Subscription SportsDuetoCOVID-19,manysportsleaguescontinuetobeimpactedandgameschedulesaresubjecttochange.Salesofsubscriptionsportsplansaresubjecttochange.Updateswillbeprovidedassoonasmoreinformationismadeavailable.Network ChannelbeIN Sports HD 805 HDESPN College Extra 821–828 HD Longhorn Network 320 MAV TV 810 HD MLB Network Strike Zone 834 HD NFL RedZone 335/835 HD Pursuit 818 HD Sportsnet New York National 96 TVG 315/815 HD TVG2 316 Willow Cricket HD 806 HD YES National HD 595 HD Network ChannelMLB Extra Innings orNHL Center Ice 1461–1474 HDNBA League Pass orMLS Direct Kick 1450–1459 HDSports Pass^Additionalsubscriptionrequired. Fios TV Local & regional sports channels Visitverizon.com/info/channel-lineup/touse theFioschannellineuptooltocheckyour packageforavailabilityofFiosTVLocal& regionalsportschannels. 63401_16pg.indd 15 1/14/21 10:24 AM K CG10 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg1563401 16pg63401 16pg63401 16pg151515 Verizon Fios TV channels are subject to change. For a complete listing of all the Verizon Fios TV channels available in your area, visit verizon.com/fiostvchannels. ©2021 Verizon. Viewing of 4k channels requires compatible equipment and cables, including a Fios TV One set-top box. ‡Select 4K content is available based upon your Fios TV package. †This is a nationally available channel within the Ultimate HD package, outside of the state of NY and parts of NJ only. This channel is not to be confused with the Regional Sports Network offered by this provider within the state of NY and select parts of NJ. *SEC Network Overflow feed availability varies by region. ^Many sports leagues continue to be impacted by COVID-19 and game schedules are subject to change. Updates will be provided as soon as more information is made available. Not all plans are available to all customers. Programming services offered within each package are subject to change, and not all programming services will be available at all times. Blackout restrictions also apply. A 30-day minimum billing period may be required. +Regional sports channels included in Ultimate, Extreme, Preferred and Custom TV – Sports & News, News & Variety, and Home & Family. Spanish versions of those channels available for Mundo Total customers. 63401_16pg.indd 16 1/14/21 10:24 AM C K 485 01.14.2021 10:25AM 5.250 in x 5.250 in Alan Poidomani tmurray 63401 MRM 63401 16pg file://sanjfs5.sa1.com/Sandy2/63401 63401 16pg1663401 16pg63401 16pg63401 16pg161616 VERIZON NEW ENGLAND LICENSE RENEWAL 2021 FORM 100 CABLE TELEVISION LICENSE APPLICATION VERIZON NEW ENGLAND INC. QUESTION 13 EXHIBIT C LIST OF MUST CARRY CHANNELS AND CHANNELS TO BE CARRIED PURSUANT TO RETRANSMISSION CONSENT WGBH-2 Boston MA WBZ-4 Boston MA WCVB-5 Boston MA WHDH-7 Boston MA WENH-11 Durham NH WFXT-25 Boston MA WUNI-27 Worcester MA WSBK-38 Boston MA WGBX-44 Boston MA WYDN-48 Worcester MA WLVI-56 Boston MA WNEU-60 Merrimack NH WMFP-62 Lawrence MA WUTF-66 Marlborough MA WMUR-9 Manchester NH WBTS-10 Boston MA WBPX-15 Boston MA WFXZ-20 Boston MA WYCN-22 Nashua NH WWDP-46 Boston MA WWJE-6 Derry NH WPXQ-69 Newport RI WLNE-6 Providence RI WJAR-10 Providence RI WNAC-11 Providence RI WPRI-12 Providence RI WRIW-20 Providence RI WSBE-18 Providence RI FORM 100 CABLE TELEVISION LICENSE APPLICATION VERIZON NEW ENGLAND INC. QUESTION 23 EXHIBIT D TECHNICAL DESCRIPTION OF THE FTTP SYSTEM AND OF THE CABLE TELEVISION SERVICE TO BE PROVIDED VERIZON NEW ENGLAND LICENSE RENEWAL 2021 FORM 100 CABLE TELEVISION LICENSE APPLICATION VERIZON NEW ENGLAND INC. QUESTION 27 EXHIBIT E 2020 ANNUAL REPORT ON FORM 10-K VERIZON COMMUNICATIONS INC. (Auditor’s Letter, Income Statement, Balance Sheet, Cash Flow Statement) VERIZON NEW ENGLAND LICENSE RENEWAL 2021 FORM 100 CABLE TELEVISION LICENSE APPLICATION VERIZON NEW ENGLAND INC. QUESTION 30 EXHIBIT F CORPORATE FAMILY TREE FOR VERIZON NEW ENGLAND INC. VERIZON NEW ENGLAND LICENSE RENEWAL 2021 FORM 100 CABLE TELEVISION LICENSE APPLICATION VERIZON NEW ENGLAND INC. OWNERSHIP INFORMATION APPLICANT FAMILY TREE Business Structure a) Check the appropriate business format for applicant: X (iii) Corporation operating cable systems in more than one community, but these operations are not separate corporations. b) Family Tree: For each corporation or other business entity in the family tree, indicate name, city and state of principal office, and employer identification number (E.I.): VERIZON COMMUNICATIONS INC. (Level 2) NYNEX CORPORATION (Level 1) VERIZON NEW ENGLAND INC. (Level 0) TELESECTOR RESOURCES GROUP, INC. (Level A) i) Level 0: Name: Verizon New England Inc. City: Boston State: Massachusetts EI: 04-1664340 ii) Level 1 Provide the name, city, and state of principal office for any corporation or other business entity that owns 25% or more of the voting stock of the reporting cable system named in Level 0: Verizon New England Inc. is a wholly owned subsidiary of NYNEX LLC. 2 Name: NYNEX LLC City: New York State: New York EI: 13-3180909 iii) Level 2 Provide the name, city, and state of principal office for any corporation or other business entity that owns 25% or more of the voting stock of the entity or entities named in Level 1. In each case, indicate which entity in Level 1 is the subsidiary of the entity named in Level 2: NYNEX LLC (Level 1) is a wholly owned subsidiary of Verizon Communications Inc. Name: Verizon Communications Inc. City: New York State: New York EI: 23-2259884 iv) Level 3 Provide the name, city, and state of principal office for any corporation or other business entity that owns 25% or more of the voting stock of the entity or entities named in Level 2. In each case, indicate which entity in Level 2 is the subsidiary of the entity named in Level 3. There are no Level 3 entities upon which to report. Verizon Communications Inc. is the ultimate owner of NYNEX LLC, and in its turn, of Verizon New England Inc. v) Level A If applicant (Level 0) owns 25% or more of the voting stock of any corporation or other business entity, provide the name, city, and state of principal office. Applicant Verizon New England Inc. owns 25% or more of the voting stock of Telesector Resources Group, Inc. d/b/a Verizon Services Group. Name: Telesector Resources Group, Inc. City: New York State: New York EI: 13-3180910 vi) Level B 3 If the entity or entities named in Level A owns 25% or more of the voting stock of a corporation or other business entity, provide the name, city, and state of principal office. In each case, indicate which entity in Level A is the parent of the entity named in Level B. There are no Level B entities upon which to report. VERIZON NEW ENGLAND LICENSE RENEWAL 2021 FORM 100 CABLE TELEVISION LICENSE APPLICATION VERIZON NEW ENGLAND INC. QUESTION 31 EXHIBIT G OFFICERS AND DIRECTORS VERIZON NEW ENGLAND INC. Verizon New England Inc. – Officers Bryant, Schnard Costello, Anne Cox, Pam M. Vice President - Taxes Assistant Controller Environmental Health and Safety Officer Czapka, Lisa R. Vice President - Taxes Dunne, Ronan Chief Executive Officer and President Egren, Brandon N. Assistant Secretary Ferrara-Mora, Suzanne M. Vice President and Assistant Treasurer Glennon, Veronica C. Assistant Secretary Makas, Kathleen J. Vice President - Taxes Manniello, Mario Vice President - Taxes Mason, J. Daniel Assistant Secretary Mathis, Nia Mattiola, Paul L. Metzger, Kathleen Region Vice President Vice President - Taxes Vice President - Taxes Moak, Jennifer Moore, Alexander W. Controller Vice President, General Counsel and Secretary Parascandolo, Salvatore Assistant Treasurer (for risk management and insurance matters only) Poduri, Radhika Vice President - Taxes Service, Kevin M. Senior Vice President of Operations - Consumer & Mass Business Markets Sin, Kee Chan Vice President and Treasurer Slattery, Julie K Region President - Consumer & Mass Business Markets Sullivan, Paul A. Townsend, John Vice President of Operations – Consumer & Mass Business Markets Senior Vice President and Chief Financial Officer Van Saders, William P. Vice President - Taxes Venkatesh, Vandana Vice President Zacharia, Karen Vice President 2 VERIZON NEW ENGLAND LICENSE RENEWAL 2021 Zorzi, Christopher W. Vice President - Taxes Verizon New England Inc. – Directors Dunne, Ronan Director Moore, Alexander W. Director Townsend, John Director Proposed Edits to Article 1 of the Select Board’s Policy Language proposed to be added is noted in BOLD. Language to be stricken is noted in cross out. Only those provisions containing proposed edits are reflected below. It is advised that Select Board members review the entire policy section when considering the suggested amendments. 1.1.4 – Secretary The Select Board Secretary shall: *** 5. Until a revised Communication Policy is enacted, the Secretary will rRespond to all correspondence received within 48 hours, by acknowledging receipt. The correspondence will be done in the role of Secretary and not as an individual member. 1.2.3 – Meeting Agendas The purpose of the agenda is to allow the general public an opportunity to participate in a topic matching their interests. The Agenda shall: 1. Be approved by the Chair in consultation with the Town Manager. 2. Contain any discussion item requested by two or more Board members as soon as practical 3. Be published in advance as far as is possible. 4. Contain public communication received since the last Board meeting. *** 1.4.1 – Select Board Communication *** 5. In today’s society, much of the correspondence to the Select Board is electronic, and often is copied to all members of the Board. The Select Board acknowledges that correspondence in electronic form that is made and/or received by it and its individual members are public records, unless specifically exempted from the definition of public record. Additionally, the Select Board acknowledges that the manner in which it deals with electronic correspondence may raise concerns relative to the Open Meeting Law. The Board also feels it is important to ensure that a proper response is given to an email request. Electronic cCorrespondence will shall be handled in the following manner: a. Electronic correspondence sent to the whole Select Board shall be made available to the public in their included in the meeting packet for the Board’s next available meeting if the communication specifically pertains to an approved agenda item for that meeting, as determined by the Chair, after consultation with the Town Manager, unless the correspondence is. Notwithstanding the above, all correspondence from or pertaining to a minor child, the correspondence involves or containing privileged legal material shall be excluded from the meeting packet. Any correspondence shall also be excluded from the meeting packet or otherwise on the advice of Town Counsel. All meeting packets shall be posted online and made publicly available. Clean version for ease: Electronic correspondence sent to the whole Select Board shall be included in the meeting packet for the Board’s next meeting if the communication specifically pertains to an approved agenda item for that meeting, as determined by the Chair, after consultation with the Town Manager. Notwithstanding the above, all correspondence from or pertaining to a minor child or containing privileged legal material shall be excluded from the meeting packet. Any correspondence shall also be excluded from the meeting packet on the advice of Town Counsel. All meeting packets shall be posted online and made publicly available. b. The Select Board’s Secretary shall respond to electronic communication sent to the entire Board and acknowledge receipt of the correspondence, and note that the correspondence shall appear in the next available Select Board meeting packet, if applicable. *** iii. All non-electronic correspondence shall be converted to an electronic format and forwarded to the full Select Board in a timely manner. All correspondence circulated pursuant to this provision shall be subject to the terms of subsection a, above.