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HomeMy WebLinkAbout2005-07-12 Board of Selectmen HandoutAPPOINTMENTS TO BECOME EFFECTIVE JULY 1, 2005 Human Relations Advisorv Committee Term: 3 years Avvointine Authority: Board of Selectmen Present Member(s) and Term(s) Margaret Soli Paul Kelley Charles McDonald(BOS) Vacancy Nancy M. Najmi Vacancy (School Com.) James Cormier (Police) Candidates: Michele Lee McLeod 2 Vacancies Orig. Term Date Exp. 19 James Road (01) 2008 56 Sunnyside Avenue (01) 2006 41 Canterbury Drive (03) 2006 ( ) 2007 65 Marla Lane (04) 2007 ( ) 2008 15 Union Street (05) 2007 *Indicates incumbents seeking reappointment le, Page 1 of 1 Hechenblefter, Peter From: Michele [micheie@bestroad.coml Sent: Tuesday, July 12, 2005 9:41 AM To: Town Manager Subject: selectman's meeting Good Morning Pete, Hope you are enjoying your summer! I'll be out of town and won't be able to make the Selectman's meeting tonight. I just had a couple of things I wanted to bring to your attention: 1. A crosswalk at Zachary and Dividence was mentioned: Is there going to be a stop sign added there, as we discussed in the group? 2. FYI, the south side of Dividence usually gets mail around 3 pm and trash pickup on Thursdays around 8 am: The mail and trash trucks are traveling eastbound. The one way will be in effect at those times. Does the town need to notify them of the one way and/or adjust their schedules? 3. Also, at one of the Working Group meetings you mentioned that the town tries to put up signs at property lines and/or where they look the best. Do you think that will be the case and will the residents get notified prior to installation? I was glad to see in your memo that the intersection at Dividence and Emerson will be kept clear. That seems to make the most sense in an effort to make it safer for the kids to walk to the school. Thank you, Michele lantosca 38 Dividence Rd. (~p 7/12/2005 Ot A'% S OAR a 'N ew F A publication of the MWRA Advisory Board July 2005 g 4.2% Rate Increase Finalized for FY06 At its June 29th meeting, the MWRA Board of Directors gave final approval to a 4.2% rate increase for Fiscal Year 2006. The increase is based on a Debt Service Assistance (DSA) appropriation of $12.5 million, of which the MWRA expects to receive approximately $10 million. Without a DSA appropriation, ratepayers were facing combined water and sewer rates in FY06 approaching 6.5%. Thanks in large part to the efforts of the MWRA Legislative Caucus and the Ways & Means Committees, rates will be kept more manageable at 4.2%. Additionally, Governor Romney, who has consistently opposed the Debt Service Assistance Program in his last two budgets, spared the program this year from his list of vetoes thereby securing the $12.5 million in the final FY06 budget. Final FY06 rate assessments by community can be accessed at the Advisory Board's website. MWRA Gets High Marks from State Auditor State Auditor Joe DeNucci released a report in June reviewing the MWRA's Security Management Program. The review makes specific mention of several security enhancements implemented since June 1, 2002 and notes, "the MWRA has made great security improvements to date...". Waiver Language Still On the Table Advisory Board Chairman Katherine Haynes Dunphy sent correspondence this month to Governor Romney requesting that he waive the indirect rate currently assessed to the Water Supply Protection Trust. Similar requests have been made by the Trustees of the Trust and the MWRA Board of Directors. The Governor is empowered to waive the fee, which totals approximately $1.4 million in FY05 and approaches $2 million in FY06. Additionally, the MWRA Board of Directors voted last month to abstain from any watershed land purchases until the waiver is secured. Although unsuccessful in securing waiver language in the FY06 budget, the Advisory Board remains hopeful similar language will find its way into MWRA Board of Directors' Chairman Steps Down Governor Romney's top environmental officer, Ellen Roy Herzfelder, has announced her resignation, effective this month, as Secretary of the Executive Office of Environmental Affairs, thereby vacating her position as Chair of the MWRA Board of Directors. Romney has appointed Stephen R. Pritchard as the new Secretary. Mr. Pritchard is the former acting Commissioner of the Department of Conservation and Recreation. John Carroll Receives Top Honors from MWRA Board of Directors At its June 29`h meeting, the MWRA Board of Directors voted to name the new MWRA Water Treatment Plant at Walnut Hill the "John J. Carroll Water Treatment Plant", in recognition of Board Member John Carroll's 20 years of service to the MWRA. Mr. Carroll is the only remaining original member of the MWRA Board of Directors, first elected by the Advisory Board in 1985. During his twenty years of service, Mr. Carroll has represented the interests of the 60 communities serviced by the MWRA, ensuring public accountability and promoting cost-effective programs and policies. The John J. Carroll Water Treatment Plant is now in the final testing stages, with official startup expected later this month. The Plant will be officially dedicated on August 18`h, as part of the Advisory Board's Field Trip. Please contact the Advisory Board for additional information. Advisory Board Meets with EPA Chief to Discuss CSO Controls Members of the Advisory Board met with Robert Varney, Regional Administrator for the Environmental Protection Agency (EPA), last month to discuss the status of MWRA combined sewer overflows (CSO) control efforts. The MWRA is under a court mandate to perform CSO control efforts in 4 separate receiving waters. Reiterating the need to reach agreement on all 4 areas (the so-called "holistic discussion"), the Advisory Board placed emphasis on a minimum 15- year variance for the Charles River from further CSO control efforts. Following the meeting, MWRA staff made significant strides in reaching agreement with the regulators, although the length of the variance has yet to be finalized. Reading Water Transfer Request Approved The Town of Reading moved a step closer to becoming a partial MWRA water community this month, receiving approval from the Water Resources Commission (WRC). WRC approval means Reading can now request legislation for an interbasin transfer permit, which Governor Rornney filed last week and is required before the town can purchase water from the MWRA. In addition to receiving legislative approval, Reading must also secure support from the MWRA Advisory Board and the MWRA Board of Directors. Upcoming Meetings/Events August 18- Advisory Board Field Trip John J. Carroll Water Treatment Plant, Marlborough (please contact the Advisory Board office for information) August 18- MWRA Board of Directors' meeting John J. Carroll Water Treatment Plant (prior to Plant tour) th ZZ d* another legislative vehicle in the coming months. *note: the MWRA Board of Drrector s meeting on July 20 has been cance e If you have any questions regarding topics raised in this newsletter or any other MWRA issue, please contact: Andrea Briggs, Government/Media Coordinator - Phone: 617-742-7561 • Fax: 617-742-4614 -Email: andrea.briggs@mwra.state.ma.us Web Site: http://www.mwraadvisoryboard.com (.5) MASTER PLAN ADVISORY COMMITTEE DRAFT ACTIVITY SCHEDULE (6/19/05) June • Final Review of Draft (including Services and Facilities) • Discussion of Implementation Schedule July • Finalize Draft and Post on Web Site • Finalize Implementation Schedule • Discuss Draft of Executive Summary • Discuss MP Presentation Schedule and Publicity Pieces August • Finalize Executive Summary and Post on Web Site • Distribute Draft MP and Executive Summary to Staff, Boards and Organizations • Discuss Draft Questionnaire • Finalize MP Presentation Schedule and Publicity Pieces September • Finalize Questionnaire and Distribute • Begin First Group of Presentations • Release First Round of Publicity Pieces October • Discuss Analysis of Questionnaire Results • Continue Presentations (including to Board of Selectmen) • Make Adjustments to Master Plan • Mail (or E-Mail) Executive Summary to Town Meeting Members November • Make Presentation to Town Meeting December • Make Final Adjustment to Master Plan • Send to CPDC January 0 CPDC Adopts Master Plan at a Public Hearing ADD \ E ,1S f~ c ~ 29.1 S 1N RAILEftRR~CK ~~~ES `1 ' /tvAc~ ~ 1A 8 m I ~w 01, - GP5 sr v~ 8'x22 ~8a ~C) 40 I pS~ ~ ~ ~ 3K 1N aA K ~N g'x2~N ~-~?R~ ~ ~ ~ l c~a IN L RPJORS 7 N 1 'x2 9 cf) - CD t FA~~ of wA7-- N ppTS C-D U w 5~~w ` t c n Q ~ CJ M r f CTS ~~a C~ a x f//// r- ff / Q- f `4. 10. I z. W VAN n TOWN OF READING MASSACHUSETTS ISSUING AUTHORITY REPORT CABLE TELEVISION LICENSE PROCESS By Its Board of Selectmen JULY 12 , 2005 0 I. INTRODUCTION On February, 2005, the Town Manager, having been informed by Verizon of its interest in providing cable service in the Town of Reading, wrote the Massachusetts Cable Division to request a waiver of two of the requirements contained in 207 CMR 3.03(2). More specifically, it was requested that the sixty (60) day notice requirement for public notice in a newspaper of general circulation be reduced to thirty (30) days, and that the requirement for publication in a "trade journal" be fully waived. By letter, dated February 16, 2005, the Cable Division granted the requested waivers. Legal notices requesting applications for. initial cable television license proposals were published in the Reading Advocate and the Reading Chronicle. On or April 16, 2005, Verizon of New England Inc. submitted a proposal for a cable television license, including a Form 100 application to the Town of Reading. 207 CMR 3.03(3) provides, in pertinent part, that "[w]ithin 90 days of the application filing deadline under 207 CMR 3.03(1)(b), the [I]ssuing [A]uthority shall issue a written report that includes specifications for the cable license as it deems appropriate. Those specifications are contained herein, and are also referred to as "cable-related community needs and interests". In accordance with 207 CMR 3.03(3), the Board of Selectmen hereby sets August 31, 2005, at 2:00 p.m. as the deadline for receipt of Verizon of New England Inc.'s amendments to its application for a cable television license (commonly referred to as the Amended Application). The Board of Selectmen reserves the right, in its sole discretion, to extend this deadline if it deems such extension to be in the best interest of the Town of Reading. In accordance with 207 CMR 3.03(3), the application may not be "materially amended" after the deadline for receipt of amendments [or any extension thereof]. The Board of Selectmen, as Issuing Authority, shall hold a public hearing "to assess the qualifications of the applicant", as required by 207 CMR 3.03(4), after the receipt of the Amended Application (or the deadline therefore). (Public notice of said hearing shall be provided in accordance with 207 CMR 2.02.) "Assessment of the applicant[`s] qualifications shall be limited to the information provided in the applications on file, any amendments to such applications, the issuing authority report on license specifications, oral testimony given during the hearing and other relevant information included in the hearing record." Pursuant to 207 CMR 3.03(5), within sixty (60) days following the close of the hearing, the Board of Selectmen shall approve or deny the application of Verizon of New England Inc. In the event the Board of Selectmen approves the application of Verizon of New England Inc., it is the preference of the Board of Selectmen to issue the Final License simultaneously with the Preliminary License, unless otherwise prohibited or restricted by applicable law. 2 II. PROCEDURAL REQUIREMENTS FOR AMENDED APPLICATION A. Procedural Requirements - General 1. The deadline for submission of the Amended Application is August 31, 2005 at 2:00 p.m. (The Board of Selectmen reserves the right, in its sole discretion, to extend this deadline if it deems such extension to be in the best interest of the Town of Reading.) 2. One (1) original and ten (10) copies of the Amended Application must be submitted to the Town Manager, Peter I. Hechenblekner, Reading Town Hall, 16 Lowell Street, Reading, Massachusetts 01867. 3. Any questions regarding this Issuing Authority Report and/or the completion/ submission of an Amended Application, including, but not limited to questions regarding procedures or interpretation, may be posed to the Town Manager. No question shall be submitted later than ten (10) days prior to the deadline for submission of the Amended Application, without the written approval of the Town Manager. Questions posed by faxed correspondence and/or telephone calls must be followed-up in writing by mailing or delivery of said inquiry to the Town Manager, in order to be deemed a formal inquiry. The submission of a question(s) shall not extend the deadline for submission of the Amended Application, absent an extension of the deadline, as referenced above. The applicant, by submitting its Amended Application in response to this Issuing Authority Report, shall have evidenced the fact that it has no unanswered questions concerning this Report and its specifications and requirements, and shall have no basis for modifying or withdrawing its Amended Application on the basis of misunderstanding. 4. In accordance with 207 CMR 3.03(3), the application may not be "materially amended" after the deadline for receipt of amendments. The Board of Selectmen reserves the right, in its sole discretion, to waive any informalities and/or technicalities in its consideration of the Amended Application. B. Submission Requirements 1. Proposed Final License - In addition to providing any comments the Applicant deems necessary and/or appropriate in response to this Issuing Authority Report, the Applicant should submit as part of, or together with, its Amended Application a proposed Final License, which reflects in detail the Amended Application submitted by the Applicant in response to this Issuing Authority Report. 2. Financial Information -The Applicant should submit the following financial information with respect to each of the following: (i) the Reading franchise area; (ii) the system/general ledger which includes the Reading franchise area; and (iii) Verizon of New England Inc. 3 0 a. Full Financial Statements, including all of the following for each of the last five (5) years: L Income statements ii. Balance sheets iii. Cash flow statements iv. Any footnotes that are or may be necessary to understand the above. b. Financial projections for the next fifteen (15) years, including: i. Income statements ii. Balance sheets iii. Cash flow statements iv All footnotes indicating assumptions made, including projected operating statistics. 3. The Applicant should submit its projected operating statistics for each of the fifteen (15) years of a license term in the Town of Reading, including: a. Number of miles of distribution plant b. Number of homes passed c. Number of cable subscribers by type. 4. The Applicant should submit its anticipated operating Projections for each of the fifteen (15) years of a license term in the Town of Reading, including: a. Detailed revenue by type, including: L Subscriber Revenues a. Installation Income b. Equipment Revenue c. Basic/Other Tier Subscriber Revenue d. Premium Channel Revenue e. Pay Per View Revenue f. On Demand/Interactive Cable Revenue g. Other Subscriber Revenue - including all revenue attributable to cable operations not included above. ii. Non Subscriber Revenues a. Advertising Income b. Home shopping Revenue c. Other Income - all other income including income attributable to leasing or sale of time or facilities. b. Detailed expenses by type, including: i. Direct Operating Expenses a. Programming Expenses 4 FIN, Uil b. Net Bad Debt and Collection Expenses c. Salaries and Benefits d. Repairs and Maintenance e. Light, Heat, Power f. Pole and Duct Rental g. Administration - Office and Billing h. Marketing i. Local Origination j. Other - All other direct operating costs not included above. ii. Depreciation and Amortization a. Depreciation b. Amortization (c) Capital Expenditures The Applicant is encouraged to submit any other financial information reflecting upon the financial condition and/or financial qualifications of each of the above referenced three (3) levels ((i) the Reading franchise area; (ii) the system/general ledger which includes the Reading franchise area; and (iii) Verizon of New England, Inc.) III. SPECIFICATIONS FOR CABLE LICENSE (CABLE RELATED COMMUNITY NEEDS AND INTERESTS) A. License Term 1. The Town prefers that any License granted to the Applicant end co-terminously with the current Renewal License held by Comcast, on November 23, 2008. In this event, the total license period would likely be in excess of thirteen (13) years. The Town is prepared to consider and grant a License for the fifteen (15) year period requested by the Applicant only to the extent the Town's cable related community needs and interests are met with respect to that extended period of time. B. Preemption By Federal and/or State Law - Compliance With License Terms The Licensee must comply with all terms and condition of a Final License (including all franchise/license fee, PEG Access Operating Payments, and capital, facilities and equipment payments by the Licensee to the Town and/or its designee(s)), regardless of any change in federal and/or State law, except to the extent that a specific term(s) and/or condition(s) is preempted by said law and the enforcement of said term and/or condition is illegal or unenforceable. If the Licensee and the Issuing Authority do not agree upon the Licensee's obligation to continue to comply with a term or condition of the License after a change in federal or State law, any dispute shall be resolved 5 in a court of competent jurisdiction in the Commonwealth of Massachusetts, or such other forum as agreed to by both parties at that time. The License shall not require, but may permit upon agreement, arbitration. C. Grant and Construction of License 1. Cable Television Svstem/Cable Service The License, if granted by the Town, through its Issuing Authority, will be for the construction, installation, operation and maintenance of a Cable Television System for the provision of Cable Service, as those terms are defined by applicable federal law. 2. Non-exclusive License The License shall be non-exclusive, as required by applicable federal and state law. 3. Level Plavine Field It is the position of the Town that the legal rights of the Licensee, if any, with respect to competition from other multi-channel video providers, including other cable licensees, is governed by the Cable Act, specifically by 47 U.S.C. §545 (Section 625 of the Cable Act) regarding modification of franchise obligations resulting from "commercial impracticability". That being said, the Board of Selectmen will consider, without any assurance as to its inclusion in a Final License, a level playing field provision, which is limited as follows: (a) it applies only to the grant of a cable license(s) by the Town, and not to any multi-channel video providers which are not licensed by the Town; (b) it shall apply only to the extent that the grant of such an additional or renewal license is less burdensome or more favorable taken as a whole rather than the License's License; (c) it shall require that the Licensee provide to the Issuing Authority any and all information and documents deemed relevant to this issue so as to demonstrate to the reasonable satisfaction of the Issuing Authority that another license is less burdensome or more favorable taken as a whole than the License's; and (d) in the event that the Issuing Authority makes this determination, the level playing field provision shall require that the Town enter into good faith negotiations with the Licensee regarding equitable amendments to the License, however the Licensee shall not request, nor shall the Town be required to return any funding or equivalent thereof in connection with any services, equipment, funding and/or fee requirements in the License that have been provided to the Town or its designee(s) by the Licensee as of the date of the Licensee's writing the Issuing Authority regarding the subject level playing field matter. 4. License Guarantee By Ultimate Corporate Parent Absent the submission. of adequate evidence of the financial capability of the Applicant (Verizon of New England Inc.) to provide the services, facilities and equipment set forth in it application and as required by the Town, the obligations contained in a License must be guaranteed by the ultimate parent of the Applicant - Verizon Communications Inc. 6 (D13 5. No Waiver The failure of the Town (or its Issuing Authority) or the Licensee on one or more occasions to exercise a right or to require compliance or performance under the License shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the respective party, nor to excuse the other party from complying or performing, unless such right or such compliance or performance has been specifically waived in writing. 6. Police Powers Nothing in the License shall be construed to prohibit the reasonable, necessary and lawful exercise of the Town's police powers. 7. Transfer of License or Control Thereof a. Written Consent oflssuine Authority Reauired Neither the License, nor control thereof, shall be transferred, assigned or disposed in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any person, company and/or other entity holding such License to any other person, company and/or other entity, without the prior written consent of the Issuing Authority in accordance with applicable law. If requested by the Applicant, the License may provide that a transfer or transfer of control will not include certain transfers to the parent of the Licensee or to an affiliate of the Licensee where the affiliate is controlled by the Licensee or the parent of the Licensee. b. No Waiver or Release of Rights and Obligations The consent or approval of the Issuing Authority to any transfer or assignment of the License or control thereof granted to the Licensee shall not constitute a waiver or release of the rights of the Town in and to the Streets and Public Ways or any other rights of the Town under this License, and any such transfer shall, by its terms, be expressly subordinate to the terms and conditions of this License. Any proposed controlling or owning Person or transferee approved by the Town shall be subject to all of the terms and conditions contained in this License. c. Reimbursement For Issuing Authoritv's Reasonable Expenses To the extent that Issuing Authority's consent to a transfer of License or control thereof is required, Licensee (or transferee) shall reimburse the Issuing Authority for reasonable expenses incurred in reviewing that the transferee has the technical, legal, financial and operational ability to operate the Cable System to provide Cable Service. In no case shall Licensee reimburse the Issuing Authority for expenses exceeding Five Thousand Dollars ($5,000.00) Failure of the Licensee (or transferee) to promptly reimburse the Issuing Authority after written request is made shall be a material breach of the License that may give rise to termination of the Franchise or other remedy available to the Issuing Authority under the License as a result of the Licensee's material breach thereof. D. Use of Public RiL-hts-of-Wavs 1. Reference in the License to "public rights-of-ways, public ways, public places or 7 Op"Is V1q similar terms referencing public property over which the Licensee may construct, install, operate and maintain its Cable Television System, 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. 2. The Licensee shall not endanger or unreasonably interfere with the lives of persons, with any installations of the Town, any public utility serving the Town or any other persons permitted to use public ways and places. 3. Grant of a License shall not establish priority for use over other present or future permit holders or the Town's own use of public rights-of-way. Disputes between the Licensee and other parties regarding use of public ways and places shall be resolved in accordance with applicable Town by-laws, regulations and policies. E. Provision of Cable Service 1. Service Area a. The service area shall be the entire Town of Reading, as proposed in Paragraph 20 of the Applicant's Form 100. b. There shall be no density requirement for the provision of cable service to residences in the Town. c. The Applicant must indicate in its Amended Application by what date it will commit to making Cable Service available to all residential areas (and residences) in the Town. d. The Applicant must indicate in its Amended Application by what date it will commit to making Cable Service available to all businesses in the Town 2. Standard Dron/Connection Distance The first one hundred and fifty feet (150') from the Cable System's trunk and distribution system to a residential dwelling unit, whether aerial or underground, shall be connected by the Licensee at its expense. 3. Residential Subdivision Trenching Provided the Licensee has at least forty-five (45) days prior notice concerning residential subdivision trenching, or the installation of conduit for the location of utilities, it shall install its cable in such trenching or conduits within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and said quantity is not in stock, the Licensee 8 0 shall be allowed additional time for said installation. 4. Cable Service to Public Buildings The Licensee shall provide, at its sole cost, one service outlet and drop, together with monthly Basic and Expanded Basic Service to all municipal and school buildings in the Town as designated by the Issuing Authority. The Licensee shall be entitled to recover from the respective municipal entity in control of the public building entitled to free service as provided herein, the direct cost of installing when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet more than one hundred and fifty feet (150") of drop cable; provided, however, that the Licensee shall not charge for the provision of Basic and Expanded Basic Service to the additional service outlets once installed. (A list of municipal and school buildings is attached hereto as Appendix E-1) Future municipal and school buildings shall be connected and served as required herein, no later than 120-days after written notice of said new building by the Issuing Authority or its designee to the License. F. Cable Svstem and Facilities 1. Svstem Characteristics The Cable System shall meet or exceed the following requirements: a. Cable System shall be designed with an initial analog passband of 860 MHz. b. The Licensee shall retransmit all closed-captioned signals received with programming to facilitate viewing by handicapped persons. The Licensee shall maintain all necessary equipment to make second audio programming features available to Subscribers, except equipment required on a Subscriber's premises. c. The Cable System shall be designed to be an active two-way plant utilizing the return bandwidth to permit such services as impulse pay-per-view and other interactive services. d. All Programming provided to the Licensee in Stereo shall be cablecast to Subscribers in stereo. e. The Cable System shall at all times conform to the applicable FCC Technical Specifications (currently FCC Rules and Regulations, §76.605 - Technical Standards). f. The Cable System shall comply with all requirements of federal law and regulation governing Subscribers' capability to control the reception of any channels being received on their television sets (i.e. parental control capability). g. The Cable System shall be erected and maintained so as not to interfere with vehicular or pedestrian traffic over Public Ways and places. The erection and location of all poles, towers and other obstructions shall be in accordance with all applicable state and local laws and regulations. 2. Underground Facilities / V110 a. In the areas of the Town in which telephone lines and electric utility lines are currently, or in the future specified to be, underground, whether required by law or not, all of the Licensee's lines, cables and wires shall be underground. At such time as telephone lines or electric utilities are placed underground at the sole cost and expense of the respective telephone company or electric utility or are lawfully required by the Town to be placed underground at the sole cost and expense of the respective utility, the Licensee shall likewise place its facilities underground at its sole cost and expense. At such time as telephone lines or electric lines are placed underground but at no cost to the Town, the Licensee shall likewise place its facilities underground at no cost to the Town. b. Underground cable lines shall be placed beneath the pavement subgrade in compliance with applicable code, Town by-laws, rules, regulations and/or standards. It is the policy of the Town that existing poles for electric and communication purposes be utilized wherever possible and that underground installation is preferable to the placement of additional poles. c. The Town shall make best efforts to notify the Licensee of any underground grant- of-location requests submitted to the Town by a utility. 3. Pedestals In any cases in which Pedestals housing active and passive devices are to be utilized, in public ways or within the Town public lay-out, such equipment must be installed in accordance with applicable Town bylaws, rules, and regulations. All such Pedestals shall be shown on the construction maps submitted to the Town. G. Emergencv Alert/Override Cauacity 1. In accordance with the provisions of FCC Rules and Regulations Part 11, Subpart D, Section 11.51(h)(1), and as such provisions may from time to time be amended, the Licensee shall install, maintain and comply with an Emergency Alert System (EAS). As allowed by FCC Order FCC 97-338, Paragraph 33, the Licensee shall transmit all national, state, and local activations of the Federal EAS, utilizing the four-part message protocol specified in FCC Rules and Regulations Part 11, Subpart B, or successor protocols. This shall include such local and state-wide situations as may be designated to be an emergency by the Local Primary (LP), the State Primary (SP) and/or other authorities identified and defined within FCC Rules and Regulations, Part 11 or the Local and State Plans provided for under those rules. 2. The Licensee shall provide to the Town without human intervention by Licensee, in times of an emergency endangering the Town or its residents and for periodic (e.g. - monthly) testing by the Town, the right and the capability to directly access by remote control the video and audio of all channels to create and cablecast either or both of the following: (i) a specific message crafted by an authorized Town official and/or (ii) one of two pre-established video scroll messages as reasonably determined by the Issuing Authority (such as "Reading Residents, this is a TEST of the Town of Reading Emergency Alert System. In an actual emergency you will be advised to tune to Reading Channel for details" or 'Reading Residents, the Town of Reading is issuing an 10 Emergency Alert. Please tune to Reading Channel ^ for further details.") and a preestablished audio alert message with the same text as the video scroll message. The pre-established messages (1) may be changed by the Town from time to time to another reasonable message, and (2) shall advise Reading residents to tune to the Reading Channel or the equivalent thereof. Federal EAS alerts (meaning national, state and local alerts on the Federal EAS) and tests shall take precedence over and automatically override the Reading video scroll messages and audio alert messages (including, in each case, test messages) provided for herein, and the Licensee shall obtain and maintain appropriate hardware and software to accomplish the preceding. The Issuing Authority acknowledges that in the event that the Town's use of the emergency override causes an override of or interference with a national emergency alert, the Licensee shall not be responsible therefore. H. Maintenance of the Cable Svstem 1. Construction. Maintenance and Safety Standards a. The Licensee shall operate, maintain and remove the Cable System in conformance with Occupational Safety and Health Administration regulations, the Massachusetts Electrical Code, the National Electrical Code, the National Electrical Safety Code, the rules and regulations of the Cable Division and the FCC, all State and lawful local laws and regulations, and all land use restrictions as the same exist or may be amended hereafter. In the event of a conflict among the codes and standards, accepted cable industry practices shall control, except insofar as such practices, if followed, would result in the Cable System not meeting the express requirements of applicable law or regulations, or in instances in which such practices are expressly preempted. b Any contractor or subcontractor used for work or construction, installation, operation, maintenance or repair of the Cable System must be properly licensed, and each contractor or subcontractor shall have the same obligations with respect to the work as the Licensee would have if the work were performed by the Licensee. The Licensee shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with the requirements of this License and applicable laws and regulations. The Licensee shall be responsible for the acts and omissions of its contractors and subcontractors, including responsibility for promptly correcting such work. 2. Cable Svstem Tests and Inspections a. The Town by its designee(s) shall have the right to inspect the plant, equipment and other property of the Licensee in the Town, including, but not limited to all construction, installation and/or upgrade work performed, and to make such tests as deemed necessary to ensure compliance with the terms and conditions of this License and all other applicable law and regulations. Any such inspection shall be conducted after reasonable notice and shall not interfere with the Licensee's operations, except in emergency situations. b. The Issuing Authority shall notify the Licensee of any violations found during the course of an inspection(s). The Licensee must bring violations specified in the written notice that are within the Grantee's control into compliance as follows: (i) safety violations must be made safe within seventy-two (72) hours of the receipt of written notice; and (ii) all other violations must be brought into compliance within thirty (30) days of receiving said written notice. After the specified 11 0 time period, the Licensee shall submit a written report to the Issuing Authority, describing the steps it has taken to bring itself into compliance. Inspection by the Issuing Authority or its designee(s) does not relieve the Licensee of its obligation to comply with this License and applicable law and regulations. 3. Strand Mans The Licensee shall maintain a complete set of strand maps of the Cable System plant, and shall provide a copy of all stand maps to the Town's Department of Public Works. In addition to paper strand maps, said maps shall also be provided to the Town in electronic format if they exist in electronic format. The Licensee shall not be required to provide a particular type of electronic format which is different from the electronic format the Licensee maintains. If changes are made in the Cable System, the Licensee shall file an updated map(s), including in electronic format, not later than fourteen (14) days after the respective change(s). 4. Di Sae The Licensee shall comply with all applicable "dig-safe" provisions, pursuant to M.G.L. Chapter 82, Section 40. 5. Relocation of Fire Alarms The Licensee shall reimburse the Town at cost for any reasonable expense, including materials and labor, caused by relocation of any fire alarm cable or equipment to make poles ready for the Licensee's cable or equipment. The Town shall cooperate in this relocation so as to minimize delay in the Licensee's installation, maintenance and repair schedule. 6. Construction Proiects During the course of any construction undertaken during the term of this License, including a rebuild or upgrade of the Cable System, that lasts longer than thirty (30) days, the Licensee shall submit weekly status reports to the Issuing Authority or its designee until such construction is complete. 7. Service Interruntions Except where there exists an emergency situation necessitating a more expeditious procedure, the Licensee may interrupt Service for the purpose of non-routine repairing, constructing or testing of the Cable Television System only during periods of minimum use and, when practical, only after a minimum of forty-eight (48) hours notice to all affected Subscribers. 8. Tree Trimming 12 In installing, operating and maintaining equipment, cable and wires, the Licensee shall avoid damage and injury to trees in and along Public Ways. The Licensee shall be subject to M.G.L. Chapter 87 and shall comply with all Town bylaws and regulations regarding trees. 9. Moving Buildings The Licensee shall temporarily raise or lower its wires and other equipment upon the reasonable request of any Person holding a building moving permit issued by the Town. The expense of such raising and/or lowering shall be paid by the party moving the building, unless otherwise required or permitted by applicable law, however in the event said raising or lowering is necessitated as a result of moving a structure of historical significance, including a structure on the Historic Register, the expense of raising and/or lowering said wires and other equipment shall be borne by the Licensee, unless otherwise required by applicable law. The Licensee shall be given reasonable prior notice of such move. 10. Disconnection and Reconnection The Licensee shall, without charge to the Town, protect, support, temporarily disconnect, relocate in the same Street or other Public Way, or remove from any Street or any other Public Ways, any of its property as required by the Issuing Authority and/or its designee(s) by reason of traffic conditions, public safety, street construction, change or establishment of street grade, or the construction of any public improvement or structure by any Town department acting in a governmental capacity. 11. Restoration of Public Property To Prior Condition Whenever the Licensee takes up or disturbs any pavement, sidewalk or other improvement of any Public Way, the same shall be replaced and the surface restored in as good condition as is reasonably possible before entry as soon as practicable. If the Licensee fails to make such restoration within a reasonable time, the Issuing Authority may fix a reasonable time for such restoration and repairs and shall notify the Licensee in writing of the restoration and repairs required and the time fixed for performance thereof. Upon failure of the Licensee to comply with the specified time period, the Issuing Authority may cause proper restoration and repairs to be made and the reasonable expense of such work shall be paid by the Licensee upon demand by the Issuing Authority. 12. Private Provertv The Licensee shall be subject to all laws, by-laws and/or regulations regarding private property in the course of constructing, upgrading, installing, operating and maintaining the Cable Television System in the Town. The Licensee shall at its sole cost and expense, promptly 13 0 repair or replace all private property, real and personal, damaged or destroyed as a result of the construction, installation, operation or maintenance of the Cable System. 13. Double Poles - Removal of Licensee's Wirine Other Attachments From Poles The Licensee shall, after a minimum of forty-eight (48) hour notification by a distribution company (as defined in M.G.L. c.164, Section 1) or a telephone company of the starting date for removal of an existing pole(s) and the installation of a new pole in, place, shall remove its (the Licensee's) wiring and other attachments from the pole(s) in a timely manner (i.e. in a manner consistent with the distribution or telephone company's obligation pursuant to M.G.L. c.164, Section 34B to remove the existing pole(s) from the site within 90 days from the date of the installation of the new pole.) The Licensee shall not be responsible for the acts or omissions of the distribution or telephone company or of any other non-Affiliate who is a user of the pole(s). Nor shall the Licensee be responsible for a failure to remove its wiring and other attachments-from the poles in accordance herewith, to the extent such failure is caused by a distribution or telephone company or any other non-Affiliate. 1. Services and ProLyrammin2 1. Basic Service The Licensee shall make available Basic Service to all Subscribers, which shall include all Signals which are required to be carried by a cable television system serving the Town pursuant to applicable law or regulation, and (ii) the PEG Access Channels required by this License, except to the extent prohibited by applicable law. 2. Programming a. Pursuant to Section 624 of the Cable Act, the Licensee shall maintain the mix, quality and broad categories of Programming: Broadcast Stations; News; Public Affairs; Financial and Business; Children's Programming, Arts and Cultural; Science and Health, and Public Broadcasting. b. The Licensee shall provide the Issuing Authority and all Subscribers with notice of its intent to substantially change the Programming line-up at least thirty (30) days before any such change is to take place. At the same time, the Licensee shall also provide Subscribers with a channel line-up card or suitable marker showing the new channel line-up. 3. Leased Channels Pursuant to Section 612(b)(1)(B) of the Cable Act, the Licensee shall make available channel capacity for commercial use by Persons unaffiliated with the Licensee. 14 2 4. Continuitv of Service It shall be the right of all Subscribers to receive Cable Service insofar as their financial and other obligations to the Licensee are honored; provided, however, that the Licensee shall have no obligation to provide Cable Service to any Person who or which the Licensee has a reasonable basis to believe is utilizing an unauthorized Converter and/or is otherwise obtaining any Cable Service without required payment thereof. The Licensee shall ensure that all Subscribers receive continuous, uninterrupted Cable Service, except for necessary Cable Service interruptions. When necessary non-routine Cable Service interruptions can be anticipated, the Licensee shall notify Subscribers of such interruption(s) in advance. 5. Commercial Establishments The Licensee shall make Cable Service(s) available to any commercial establishments in the Town provided that said establishment(s) agrees to pay for installation and monthly subscription costs as established by the Licensee. K. Institutional Network 1. Comcast's Institutional Network approximately twenty-five (25) years old, and inadequate for its tasks. The transmission quality of PEG Access Programming over the Institutional Network is extremely poor, and the Network is unable to be used for data transmission or any other municipal or school use. 2. Town's Current Institutional Network in place between a number of Town buildings. The existing network consists of installed fibers running from the Town Hall to the Library, the Central Fire Station, the Reading Memorial High School, the Police Department, and the Senior Center. The Town approved architecture is a 24 strand fiber network emanating from the Town Hall and passing through a number of buildings as the network reaches out to final destinations in remote buildings. Individual fibers of the 24 fiber network will be activated by the Town, if funding is available, to satisfy various applications as implemented. Areas that are not cost effective in the installation and deployment of fiber due to distance and/or limited applications, may be facilitated in other ways, to include point to point wireless links. b. Attached hereto as Appendix K-1 is a report from Gregory W. Hall, RCDD/OSP of Integrisys Communications Group, Inc., entitled 'Existing Conditions and Infrastructure Stragegies For The Reading I-Net. 3. Town's Need and Interest for the Institutional Network a. There is a cable-related community need and interest for an Institutional Network (I-Net) for the transmission of video, audio and data transmissions from and to municipal and school buildings and locations, including the transmission of PEG Access Programming. 15 b. In addition to possibly serving as a return path for PEG Access programming to the Licenee's Headend or hub-site, the I-Net is needed to interconnect town departments and buildings, schools, and libraries together, and provide gateways for these institutions to the Internet. In addition to providing real-time access to current and future Town data bases, such as GIS maps, having an I -Net interconnecting municipal and school buildings provides an additional level of security and reliability. Other uses include, but are not limited to data transfers (including payroll), reporting (including reports to the Commonwealth), data backups, purchasing, network printing, computer authentication, tax billing and collections, budgeting and accounting information, monitoring and remote access, video conferencing, training and distance learning. An I-Net can also provide substantial redundancy and diversity capability, which are critical elements to public safety responsibilities. The resulting I-Net connectivity not only links buildings and locations together for more effective internal communication, but enables a town to provide better services to the public. The Town of Reading seeks to develop its fiber optic network and would like to be able to advance and grow with technology, allowing multiple applications on the I-Net, beyond just video and data. Some technologies that will be deployed are PEG Access video, 1Gbps Data, telephony, control system monitoring and management, and video conferencing. See Subparagraph (d) below. c. In the event of a large-scale disaster, communications between public safety services are critical, and the I-Net provides for a number of applications that are used during those vital moments, including emergency collaboration through videoconferencing and on-demand distribution of video and data to users and subscribers. d. See Appendix K-1- report from Gregory W. Hall, RCDD/OSP of Integrisys Communications Group, Inc., entitled `Existing Conditions and Infrastructure Strategies For The Reading I-Net. e. See Appendix K-2 -Institutional Networks -Law, Historical and Technological Background and Information. 4. License's Need and Interest for An Institutional Network a. The Applicant needs to and must provide a technologically adequate means for returning live PEG Access video (Access Programming) from local origination site at municipal and school buildings and locations back to its cable Headend or hub-site, for return of said Access Programming to its Subscribers. Those locations currently requireing return PEG Access video are as follows: Municipal Town Hall Police Dept. Public Library Senior Center Central Fire Station Reading Municipal Light Dept. Town Common Address 16 Lowell Street 15 Union Street 64 Middlesex Avenue 67 Pleasant Street 757 Main Street 230 Ash Street Reading Center (Main Street) ,6 School Reading Memorial High School RMHS Field House Coolidge Middle School Parker Middle School Barrows School Birch Meadow School Eaton School Killam School Wood End School Address 62 Oakland Road 62 Oakland Road 89 Birch Meadow Drive 45 Temple Street 16 Edgemont Avenue 27 Arthur B. Lord Drive 365 Summer Avenue 333 Charles Street Sunset Rock Lane Public (Municival and School Uses) Address TV/Access Studio (Currently) 224 Ash Street Burbank Arena" YMCA* 51 Symonds Road 36 Arthur B. Lord Drive High school and other sports teams, including, but not limited to hockey and swim teams.) 5. The "Estimated Costs for the Installation of I-Net Infrastructure" in the Town of Reading, also prepared by Gregory W. Hall, RCDD/OSP of Integrisys Communications Group, Inc. is attached hereto as Appendix K-3. 6. The Town proposes that in lieu of the ApplicanUUcensee ("Licensee") building a separate Institutional Network (I-Net) to meet the PEG Access Video Return needs of the Town and its Public Schools, as well as the other video and data needs of the Town and Schools, that the Licensee provide funding to the Town in the amount of Two Hundred Forty-Five Thousand, Five Hundred Sixty Dollars ($245,560.00). This represents only the cost of connecting those buildings/locations requiring PEG Access Video return, and does not include the cost of connecting those Town buildings which do not require PEG Access Video return. ('The total I-Net expansion costs for municipal and school buildings (but not including pumping stations) is estimated to be $395,160.00. The Town will seek the additional I-Net funding needed for constructing the remainder of the I-Net, together with significant other captial funding, in its license renewal process with Comcast.) 7. The provision of the above referenced I-Net funding by the Licensee will allow for high quality PEG Access programming from an array of town and school locations, thereby significantly strengthening the quality and attractiveness of the Licensee's cable service to Reading subscribers. ' The Licensee is afforded the protection of the level-playing field provision, discussed and referenced in Section IQC(3) above. 17 9 2K Additionally, this funding will result in a financial savings for the Licensee as contrasted with the cost of constructing a separate I-Net. 8. The Licensee shall provide, install, maintain and/or replace all equipment necessary to receive, transmit and transport all PEG Programming received at the Town Hall I-Net Headend, including all equipment necessary to switch and route such programming through the Headend to the designated Downstream PEG Access Channels on the Subscriber Network. The Town or its designee shall make available in the Town Hall I -Net Headend, at no cost to the Licensee, space for the Licensee owned rack and equipment required for receipt, transmission and transport of PEG Access Programming back to the Licensee's Headend. The demarcation point between the Licensee's Signal processing equipment and the Town's and/or its designee's transmission equipment shall be at the output of the Town's and/or its designee's transmitter(s) at any of the I-Net Buildings/Origination Sites. 9. A draft I-Net License provision reflecting the above referenced solution is attached hereto as Appendix K-4. K. Public. Educational and Government (PEG) Access 1. Readine Communitv Television a. Reading Community Television (RCTV), provides an important and valuable community service to the Town of Reading, its residents, businesses and organizations. With limited funding, particularly in comparison to a number of neighboring municipalities, RCTV provides Public, Educational and Government Access Programming of interest to the community. Attached hereto for informational purposes to illustrate the efforts and achievements of RCTV are the following documents: • RCTV Quarterly Newsletter, Summer 2005 and Fall 2004; • List of local groups and organizations using RCTV Community Bulletin Board; • Comments in Support of RCTV from the Reading community; • RCTV's Dollar Value to the Reading community; • Newspaper articles, stories and photographs regarding RCTV. Appendix K-1 through K-5. b. Letter from Philip Rushworth, Executive Director of RCTV to the Town Manager, Peter I. Hechenblekner, dated July 8, 2005, regarding RCTV and PEG Access. (Appendix K- 6) Mr. Rushworth wrote, as follows: Over the last few years Reading Community Television (RCTV) has been in a constant state of growth. Each passing year, RCTV gains new members and expands its programming as more and more people gain input into the organization. However, RCTV is getting dangerously close to a point to where our ability to continue to grow will be stunted by our 18 0 small budget. We have out grown our current studio location, and need to expand to a larger facility. RCTV needs adequate production, administration and storage space for our growing organizations needs. It is under this pretense that we must appeal to you for additional funding. With additional funding RCTV would be able to offer much more to the Reading community. RCTV is a positive source of news in Reading, the nature of public access allows us to cover events that larger media outlets do not observe. For the most part, Reading makes a Boston news program is only when there is a tragedy. However, with RCTV, residents of Reading can observe the positive aspects of their community. Participating in local government from the comfort of their own homes by watching government meeting coverage or part to our long-running shows like "Ask the Town Manager" and "The Selectmen's Forum" which encourage viewer interaction through telephone and email. RCTV already covers meetings for the Board of Selectmen meetings, School Committee, Finance Committee and Town Meeting but, we could do so much more. Meetings held by the Community Planning and Development Board, Historical Commission, Recreation Department and other groups deserve coverage too. The quality of our programming would be improved with new equipment, thanks to technological advances that have been made in recent years. Expanding our equipment quantities would allow more of our members to have access to equipment when they need it; instead of having to wait because of the demand. This would result in more programming, with a faster turn around time as with more editing equipment more members could finish their shows immediately after completing their shoots. Updating RCTV's playback equipment would also serve the needs of our members and viewers by allowing us to present more programming over the three channels. Newer systems would allow us to be a source for automated emergency announcements from Police, Fire, School and Town services 24 hours a day. Replacing or upgrading the current Institutional Network (I Net) is pivotal to RCTV's ability to broadcast live from various areas of the community. Currently, our remote broadcasts are achieved via the Comcast I -Net. This system is over twenty-five-years old and of the verge of breakdown. Poor quality audio, video and lack of repairs to I- Net locations have hindered our viewers from seeing live meeting, and event coverage. Not offering live broadcasts of events and meetings would a huge disservice to the community and we hope that through your actions we will be able to continue to offer such services. Beyond the importance of serving our members, part of RCTV's mission is to help other community groups communicate with the public. Nonprofit groups can produce talk shows, public service announcements, or telethons to fundraise, all using RCTV's recourses. Local events, parades, concerts, plays and more could be covered and broadcast from all of Reading to 19 ( Z) view. There as always been an interest among local youths in our operation. As a result there are TV production classes taught by RCTV at Reading Memorial High School. The classes are very popular, and due to limited resources, we have to turn students away. RCTV would be able to improve the situation at the high school class by adding additional equipment and classes. We would also like to expand our education program to include the middle schools. These are but a few of the things that RCTV could accomplish with additional funding. Community involvement is a large part of RCTV and by increasing our budget we will only be able to serve the town of Reading better. Therefore, we appeal to you for a chance to make our great organization even better. 2. PEG Access - Need to Improve and Exvand There is a cable-related community need and interest in improving and expanding . public, educational and governmental ("PEG") access operations and programming. 3. PEG Access Annual Funding a. The License's PEG Access Annual Funding should be Five Percent (5%) of the Licensee Gross Annual Revenues, and shall be paid quarterly to the Issuing Authority and/or its designee(s), within forty-five (45) days of the close of each quarter. b. For each of the first three (3) License years, the Licensee shall pay to the Issuing Authority, the greater of said Five Percent (5%) of the Licensee Gross Annual Revenues (paid quarterly) or Seventy-Five Thousand Dollars ($75,000) (paid quarterly, with the final quarterly payment being paid in said amount as to bring the annual total to $75,000.00). At the end of the first three (3) years, the Licensee and the Issuing Authority shall conduct an accounting of the PEG Access Annual Funding paid to the Issuing Authority, in order to determine the actual amount that the Issuing Authority would have received from the Licensee had the Licensee's payments been five percent (5%) of its Gross Annual Revenues. In the event that the Licensee has paid the Issuing Authority in excess of Five Percent (5%) of its Gross Annual Revenues for Year One through the end of Year Three, any excess amount above the Five Percent (5%) for said three (3) years will be averaged over the remaining License term and equally credited against the Five Percent (5%) Gross Annual Revenue annual payments to be made to the Issuing Authority for the remainder of the term of the License; provided, however, that under no circumstances shall the Issuing Authority be obligated to return any amounts paid to it in excess of five percent (5%) of Gross Annual Revenues and/or incur any other costs theret. b. "Gross Annual Revenues" shall mean all consideration of any kind or nature including without limitation cash, credits, property and in-kind contributions (services or goods) derived by Licensee from, the operation of License's Cable System to provide Cable Service within the Town. Gross Annual Revenue shall include, but not be limited to all consideration paid to the Licensee and its Affiliates (to the extent either is acting as a provider of a Cable Service authorized by this License). Gross 20 ,21 Revenue shall include, but not be limited to consideration from: • Fees charged to Subscribers for any and all Cable Service provided by the Licensee, including for Basic Service, Expanded Basic Service, Premium Service, Pay Cable, Pay-Per-View, digital Cable Service, and interactive on- demand Cable Service; • Cable Service fees, including, but not limited to fees and/or charges received from Subscribers for installation, reconnection, downgrade, upgrade and any similar fees and charges; • Fees from third party unaffiliated programmers for leased access Programming; • Any franchise fee and license fee imposed on the Licensee by this Agreement that is passed through and paid by Subscribers; • Fees paid on all Subscriber fees; • Interest collected on Subscriber fees and/or charges; • Commercial Cable Service Subscriber revenues; • Fees paid for channels designated for commercial use; • Converter, remote control and other equipment rentals, and/or leases or and/or sales; • Advertising revenues. Gross Revenue includes a pro rata portion of all revenue derived by Licensee or its Affiliates pursuant to compensation arrangements for advertising derived from the operation of Licensee's Cable System to provide Cable Service within the Town. The allocation shall be based on the number of Subscribers in the Town divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. Advertising commissions paid to third parties shall not be netted against advertising revenue included in Gross Revenue. • Compensation received by Licensee or its Affiliates that is derived from the operation of Licensee's Cable System to provide Cable Service with respect to commissions that are paid to Licensee as compensation for promotion or exhibition of any products or services on the Cable System, such as a "home shopping" or a similar channel; • Revenue of an Affiliate derived from the Affiliate's provision of Cable Service shall be Gross Revenue to the extent the treatment of such revenue as revenue of the Affiliate and not of Licensee has the effect (whether intentional or unintentional) of evading the payment of franchise fees which would otherwise be paid to the Town. 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 Town. 21 0 • Gross Revenue does not include any revenue not actually received, even if billed, (e.g., bad debt - provided, however, that all or any part of any such actual bad debt that is written off, but subsequently collected, shall be included in Gross Annual Revenues in the period so collected.) c. Bundled Services If the Licensee bundles Cable Services with non-Cable Services, Licensee agrees that it will not intentionally or unlawfully allocate such revenue for the purpose of evading franchise fee (including PEG Access fee) payments under the License. The parties agree that tariffed telecommunications services that cannot be discounted by federal or state law or regulation are to be excluded from the bundled discount allocation basis. After one (1) year following the initiation of service under this License, Licensee will review the allocation methodology being used with the Issuing Authority. The Issuing Authority has the right to request additional reviews once every three (3) years thereafter. If a dispute arises between the Issuing Authority and the Licensee as to the proper allocation of bundled services revenue, such records pertaining to the allocation shall be maintained by the Licensee until the dispute is resolved. 4. PEG Access Capital Funding For Facilities and Eauivment a. PEG Equipment Needs Assessment - Prepared by Jan Haughey, Crimson Technology. Appendix K-7. Production Control Room For Public Access $142,724.00* * Plus replacement Budget 25% of Total Budget Every 5 Years Portable Studio For Gov't & Public Access $47,043.00* * Plus replacement Budget 25% of Total Budget Every 3 Years Portable Studio For High School $32,219.70* * Plus replacement Budget 25% of Total Budget Every 3 Years Portable Studio For Middle School $30,732.70". * Plus replacement Budget 25% of Total Budget Every 3 Years Standard 3 Channel PEG Access System $47,933.71 * Plus replacement Budget 25% of Total Budget Every 5 Years Senior Center $10,589.00* * Plus replacement Budget 25% of Total Budget Every 5 Years Upgrades To Selectmen's Meeting Room & Conference Room $29,698.99* * Plus replacement Budget 25% of Total Budget Every 5 Years Editing Options For The Access Studio $38.993.00 Plus replacement Budget 25% of Total Budget Every 5 Years 22 2 Production Studio and Control Room High School.. $151,913.00 * Plus replacement Budget 25% of Total Budget Every 5 Years 5. Facilitv Build Out (Does Not Include Furnishings) Vanilla Snace - 5.000 Sauare Feet Prepared by Nancy Richard, Consultant (Appendix K-8) Interior Construction Labor and Materials costs including erecting walls, plastering, painting, dropped ceiling, finished carpentry, cabinets C $38.50/sf $192,500.00 Phone System and Data Wiring $ 8,000.00 Security System/Fire Alarm $ 12,000.00 HVAC $ 30,000.00 Electrical $ 25,000.00 Architect's Fees (10%) $ 24,750.00 Total Cost of Build Out $292,250.00 6. PEG Access Capital Funding -Amount a. The capital funding needs for PEG Access facility and equipment (even without any cost for moving the Access facility/studio (which may be required as a result of the Reading Municipal Light Department needing the current facility which it rents to RCTV or as a result of the growth of RCTV and the limited space at its current facility) are significant. b. At a minimum, the PEG Access capital funding provided by the Applicant/ License (Licensee) should be as follows: Year 1 - Seventy-Five Thousand Dollars ($75,000.00) Year 3 - Seventy-Five Thousand Dollars ($75,000.00) Year 7 - One Hundred Thousand Dollars ($200,000.00) Year 11 - One Hundred Twenty-Five Thousand Dollars ($125,000.00) 7. PEG Access Channels a. Three (3) PEG Access Channels Three (3) PEG Access Channels are required - A channel for Public Access, Educational Access and Government Access. The PEG Access channels shall be for the exclusive use of the Issuing Authority and its designee(s), including but not limited to the non-profit Access Coroporation and/or the Reading Public Schools. (See also Section E K(7)(e) regarding digital transition and PEG Access Channels). 23 3 b. Location of PEG Channels The Licensee shall make a reasonable effort to locate Access Channels on adjacent or reasonably close channels, where practicable. Any channel assignment must be to a channel within the first twenty-two (22) channels and of technical quality equivalence. The Licensee shall make every effort not to place PEG channels in locations susceptible to ingress. c. Movement of PEG Channel Placeinent/Reimbursement While the Licensee retains sole discretion for channel placement, the Licensee shall attempt to minimize the number of access channel assignment changes. The Licensee shall not move or otherwise relocate the channel locations of the PEG Access Channels without the advance, written notice to the Issuing Authority and the Access Corporation. In the event that the Licensee does relocate a PEG Access Channel, the Licensee shall: i. reimburse the Access Corporation up to Five Thousand Dollars ($5,000.00) for actual reasonable expenses arising from the relocation of any such access channel. The Access Corporation shall provide written documentation of actual expenses and the Licensee shall provide reimbursement within a reasonably period of time of receipt of said documentation; ii. provide free of charge, public announcements of such change on its Cable System, and in a prominent place on a minimum of two of its monthly cable bills to its Subscribers; and relocation. iii. provide a thirty (30) day written notification to all Subscribers of such channel d. Listing of PEG Progranunine On Licensee's Electronic Program Guide The Licensee shall assist the Issuing Authority and its designee(s) so that PEG Programming can be listed on the Licensee's electronic program guide. The Licensee shall not be responsible for such electronic program guide listing(s) absent the timely cooperation of the Issuing Authority and its designee(s). e. Transition To Digital i. The PEG Access channels shall continue to be cablecast to Subscribers in analog format unless and until all other channels on the Cable System are delivered in a digital format, unless otherwise agreed to by the Issuing Authority. ii. PEG Access channels shall be cablecast to Subscriber in both analog and digital format not later than when seventy-five percent (75%) or more of the analog commercial Programming channels have been converted to digital format transmission. iii. The Issuing Authority may, in its sole discretion, retain the bandwidth (MHz) from any or all of its analog channels and use said bandwidth (MHz), with the assistance and cooperation of the Licensee, after compression of said channels or the transition to digital channels by the Licensee„ for additional PEG Access channels (in excess of the three (3) PEG Access Channels referenced in Section MK(7)(a). 24 3~ iii. At such time that PEG Access channels are delivered in digital format, the Licensee shall be responsible for all costs associated with transmitting PEG Channels from the Signal source to the Licensee's Headend and to Subscribers in digital format. iv. Digital cablecasting of PEG Access channels must be in accordance with applicable FCC regulations, shall have the same bandwidth and transmission quality comparable to that provided for commercial channels in a similar format, 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. e. PEG Channel Oualitv The Licensee shall monitor the PEG Access Channels for technical quality and shall ensure that they are maintained at standards the same or better than those which apply to the Cable System's commercial channels and shall comply with the applicable FCC Technical Standards, 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. f. Non-Commercial Programming, The PEG Access Channels shall not be used to provide for-profit commercial programming. Nothing shall prohibit the Issuing Authority or its designee from having memberships, sponsorships, underwriting or acknowledgments (such as the underwriting and acknowledgments displayed by the Public Broadcasting System), to the extent not otherwise prohibited by applicable law or regulations. 8. PEG Access Cablecastine a. It shall be the obligation of the Licensee to transmit and transport PEG Access Programming from the locations in the Town with Origination Capability to the Licensee's Headend or hub-site, and to switch and route such PEG Access Programming onto the appropriate PEG Access Channels. The Licensee's responsibility shall include, but not be limited to, the provision of all necessary equipment. b. In the event the Applicant/Licensee ("Licensee") provides the I-Net funding set out in Section K(6) of this Issuing Authority Report, a draft "Access Cablecasting" License provision is provided herewith as Appendix K-8. 9. Video (PEG Access Channels) On Demand i. The Licensee shall provide the Issuing Authority and/or its designee(s) with PEG Access capacity for Video Programming that may be accessed by Subscribers through use of standard digital equipment compatible with the Cable System using the Grantee's "on demand" capabilities. The PEG Access Programming shall be as accessible as commercial Programming to Subscribers on all relevant parameters, including menu access, but not including storage capacity. The Licensee shall provide storage capacity of up to twenty (20) hours of on-demand PEG Access Programming at any given 25 0 time. The Licensee shall provide the Town and/or its designees the means for conveniently and timely programming the Licensee's servers from the PEG Access studio either directly or through the licensee's personnel or agents. The Issuing Authority and/or its designee(s) shall manage what specific Access Programming is loaded in the allocated storage capacity. The Issuing Authority and the Licensee may by mutual agreement arrange for additional capacity on terms to be determined at the time of such agreement. ii. If the Town and/or its designee(s) wishes to store additional PEG Access Programming on its own servers or facilities, the Licensee shall cooperate with the Issuing Authority and/or its designee(s) in making such additional PEG Access Programming available through the same on-demand methods. The Licensee shall provide the Issuing Authority and/or its designees with an encoder that may be used to digitize PEG programming for use in this on-demand arrangement. 10. Additional Cable Svstem Cavacitv For PEG Access a. In addition to video-on-demand, the Licensee shall provide and/or dedicate additional system capacity or facilities in a form other than a forward PEG Access channel to support the distribution of PEG Access content to Subscribers if required in accordance with the within provision. Such additional system capacity or facilities may include, but shall not be limited to, interactive Service or Programming. b. Proposals for additional system capacity or facilities to support the distribution of PEG Access content to Cable Service Subscribers, not otherwise agreed to by the Issuing Authority and the Licensee, shall be evaluated using the following criteria and process: i. The Issuing Authority shall submit in writing to the Licensee, the proposal for additional system capacity or facilities (including its application) to support the distribution of PEG Access content to Subscribers. The proposal shall describe: a. The use or functionality for which the capacity and/or facilities will be used and include any current mechanisms or operating expenditure this new functionality might be used to replace; b. Examples of its use; c. The cable-related community need that the additional system capacity or facilities is intended to address, how such community need has been ascertained, and how that need will be met by PEG application requested; d. The equipment and facilities, initial and ongoing operating and capital expenditures necessary to implement the request; e. The estimated cost of the additional system capacity or facilities (or its application); f. How the use or functionality can be sustained, financially and; g. Why the use or functionality requested is consistent with current or planned PEG Access; and 26 0 h. Other reasonable materials deemed necessary by the Licensee to consider such proposal. ii. The Licensee shall review and respond to the Issuing Authority's proposal for additional system capacity or facilities (including its application) to support the distribution of PEG Access content, as follows: a. Provide the Issuing Authority with a written acknowledgment of receipt of the proposal and confirmation that the proposal is complete. If the proposal is not complete, the cable operator shall so inform the Issuing Authority within forty-five (45) days, together with an explanation of how the request is incomplete and a description of the information that is needed to complete the request. b. Once a proposal is complete, the Licensee shall review and respond in writing to the request within sixty (60) days. If an extension is necessary for adequate review or extenuating circumstances, the Licensee shall inform the Issuing Authority of its need for an extension, including a reasonable time frame for responding to the proposal. The Issuing Authority shall grant any reasonable request for an extension of time. c. If requested by the Issuing Authority, the Licensee shall offer the Issuing Authority or its designee(s), an opportunity to discuss the proposal with regard to the criteria listed in Section 6.11(b)(ii)(d) below, and mutually investigate possible alternatives should any aspect of the proposal be problematic. d. The Licensee shall evaluate the Issuing Authority's proposal for additional system capacity or facilities (including its application) to support the distribution of PEG Access content to Subscribers using the following criteria - whether the proposal is reasonable to meet the cable-related community needs and interests, taking into account the cost of meeting such needs and interests. In considering this criteria, the Licensee may consider, in addition to other relevant factors, whether it has the capacity to meet the proposal taking into consideration existing and other potential uses. c. If the Licensee denies a proposal for additional system capacity or facilities (including its application) to support the distribution of PEG Access content to Subscribers, it must provide a written explanation, addressing the criteria in Section 6.11(b)(ii)(d) above, and the grounds for denial. d. If the Issuing Authority disagrees with the Licensee's determination with respect to the Issuing Authority's request for additional system capacity or facilities (including its application) to support the distribution of PEG Access content to Subscribers, the request shall be forwarded by both parties to a mutually agreed upon third party who is experienced with or knowledgeable, about 27 PEG Access for a determination as to whether the Issuing Authority's request is reasonable. The determination of the mutually agreed upon third party shall be final, without further right of appeal by either party, however the Issuing Authority shall not be prohibited from making the same or a similar proposal to the Licensee at a later time, as long as said proposal is not made within two (2) years of the submission date of the earlier proposal. To the extent, if any, said third party concludes that all or a part of the Issuing Authority's proposal should be implemented, the Licensee shall implement such additional system capacity or facilities (including its application) to support the distribution of PEG Access content to Subscribers within the time specified by the third party or such later date as may be granted by the third party pursuant to a subsequent request for an extension of time by the Licensee. 11. PEG Access Costs There shall be no charges by the Licensee to the Town, its designee(s) or PEG Access Users for the use of the PEG Access Channels. L. Pavment By The Licensee 1. Late Pavment In the event a payment required by the License is not tendered on or before the fix date(s), interest due on such fee shall accrue from the date due at a percentage rate to be agree upon between the Town and the Applicant prior to the grant of a License and reflected in the License. Any such interest payment shall not be deemed to be part of the License Fees to be paid to the Town pursuant to Section 7.1 hereof and shall be within the exclusion to the term "franchise fee" for requirements incidental to enforcing the License pursuant to Section 622(g)(2)(D) of the Cable Act. 2. RecomnutationlLimitation on Action a. Tender or acceptance of any payment made pursuant to the License 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 the License. All amounts paid shall be subject to audit and recomputation by the Issuing Authority b. If the Issuing Authority has reason to believe that any such payments are incorrect, the Licensee shall have thirty (30) business days after a request from the Issuing Authority to provide the Town with additional information documenting and verifying the accuracy of any such payment(s). In the event that the Issuing Authority does not believe that such documentation supports the accuracy of such payment(s), the Issuing Authority may conduct an audit of such payment(s). The Licensee shall be responsible for making available to the Issuing Authority or its 28 designee(s) all records which the Issuing Authority or its designee(s) reasonably deem necessary or relevant to determine the accuracy of a payment or its recomputation. c. If after such audit and recomputation, an additional fee is owed to the Town, such fee shall be paid within thirty (30) days after such audit and recomputation. The Licensee shall contribute to the costs of such audit in an amount not to exceed a dollar amount to be agree upon between the Town and the Applicant prior to the grant of a License and reflected in the License. The interest on such additional fee shall be charged from the due date. d. The period of limitation for recovery of any payment required by the License shall be four (4) years from the date on which payment by the Licensee is due. During any such four (4) year period, the period of limitations for recovery of any payment shall be tolled on the date that Issuing Authority provides written notice to the Licensee that a payment compliance review, by whatever name, has been commenced and the actual review of records is initiated within ninety (90) days of such notice and completed by the Issuing Authority asserting a claim as to any unpaid fees due hereunder within twelve (12) months from the date of the production of all the records reasonably and in good faith requested; provided, however, that the completion date of the review may be extended by mutual agreement of Issuing Authority and Licensee. The parties intend that tolling of the four (4) year period of limitations is to allow the Issuing Authority to complete its review in a timely and efficient manner. The parties do not intend to provide the Issuing Authority with the ability to unreasonably toll the period of limitations for recovery of any franchise fee or other fees payable hereunder. M. Rates and Charles 1. Rate Regulation The Town reserves all rights under applicable law and regulation, throughout the term of the License, with respect to rate regulation. 2. Franchise Related Costs - Externalizine. Line-Itemine and Passine-Through a. In the event that applicable state and/or federal laws and/or regulations allow the Licensee to externalize, line-item and/or otherwise pass-through any franchise related costs, the Licensee may only do so in compliance with said laws and/or regulations. b. If requested to do so by the Issuing Authority, the Licensee shall provide a written explanation of any externalized, line-itemed and/or passed-through such PEG Access costs, in sufficient detail to enable the Issuing Authority to understand how such costs have been externalized, line-itemed and/or passed-through as allowed or required by applicable law(s). Unless agreed to otherwise, the Licensee shall provide said written explanation to the Issuing Authority, in writing, within thirty (30) days of a request to do so by the Issuing Authority. 29 N. Insurance. Performance Bond and Indemnification 1. Insurance At all times during the term of the Renewal License, including the time for removal of facilities provided for herein, the Licensee shall obtain, pay all premiums for, and file with the Issuing Authority, on an annual basis, copies of the certificates of insurance for the following policies: a. A general comprehensive liability policy, written on an occurrence basis, on all claims on account of injury to or death of a person or persons occasioned by the construction, installation, maintenance, operation or removal of the Cable System or alleged to have been so occasioned, with a minimum liability of One Million Dollars ($1,000,000.00). The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for personal injury, broad form property damage, products and completed operations liability, independent contractor's liability, coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. b. A property damage insurance policy, written on an occurrence basis, naming the Town, its officers, boards, commissions, committees, agent and employees as additional insureds and save them harmless from any and all claims of property damage, real or personal, occasioned or alleged to have been so occasioned by the construction, installation, maintenance or operation of the Cable Television System, with a minimum liability of One Million Dollars ($1,000,000.00). c. Automobile liability insurance for owned automobiles and trucks, non-owned automobiles and trucks and/or rented automobiles and trucks in the amount of One Million Dollars ($1,000,000) per occurrence, combined single limit. For bodily injury and property damage. d. Workers Compensation in the minimum amount of the statutory limit. e. The Licensee shall carry excess liability, written on an occurrence basis, in the minimum amount of Five Million Dollars ($5,000,000.00) umbrella form over all other insurance required by this Section 9.1. f. The following conditions shall apply to the insurance policies required herein: i. Such insurance shall commence no later than the Effective Date of the Renewal License. ii. Such insurance shall be primary with respect to any insurance maintained by the Town and shall not call on the Town's insurance for contributions. iii. Such insurance shall be obtained from brokers or carriers authorized to transact insurance business in the State with an A or better rating for financial condition and performance by Best's Rating Guide, Property/Casualty 30 0 Edition or a guide equivalently respected in the insurance industry. iv. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those required herein. v. The Licensee's failure to obtain, to procure or maintain the required insurance shall constitute a material breach of the License under which the Town may immediately suspend operations under the License. vi. The Licensee shall require that every one of its contractors and their subcontractors are covered by the Licensee's insurance as required herein or, in the alternative, carry in full force and effect, the same insurance in the same minimum amounts and meeting the same minimum requirements as required herein. vii. The Licensee shall be responsible for all deductibles. viii.The Town, its Issuing Authority, other officials, and employees shall be named as "additional insureds" on all liability insurance policies. ix. Neither these insurance requirements, nor the provision of insurance or insurance proceeds pursuant hereto, shall limit the liability of the Licensee pursuant to this Renewal License. x. All certificates of insurance must be filed with the Issuing Authority. xi. All insurance policies shall have a thirty (30) day notice of cancellation or amendment. 2. Performance Bond a. The Licensee shall maintain, without charge to the Town, throughout the term of the License, a faithful performance bond running to the Town and in a form satisfactory to the Issuing Authority with good and sufficient surety licensed to do business in the Commonwealth of Massachusetts in the sum of Five Hundred Thousand Dollars ($500,000.00). Said bond shall be upon the terms and conditions specified in M.G.L. c. 166A, § 5(k) and the faithful performance and discharge of all obligations of this Renewal License, subject to the provisions of Sections 11.1 & 11.2 below. After the completion of the construction of the Cable System, the performance bond may be reduced to One Hundred Thousand Dollar ($100,000.00). b. Said bond shall be a continuing obligation of the Renewal License and thereafter until the Licensee has satisfied all of its obligations to the Town pursuant to the terms and conditions of such bond. In the event that the Town recovers from said surety, the Licensee shall take immediate steps to reinstate the performance bond to no less than the required amount. Neither this section, any bond accepted pursuant thereto, or any damages recovered thereunder shall limit the liability of the Licensee under the Renewal License. 31 c. The bond shall have a a thirty (30) day notice of cancellation or amendment. 3. Indemnification The Licensee shall, at its sole cost and expense, indemnify, hold harmless, and faithfully defend (if requested by the Issuing Authority) the Town, its officials, boards, commissions, committees, agents and/or employees against all claims, suits, causes of action, proceedings, judgment, damages, liabilities, costs and expenses, whether arising in law or in equity, arising out of or relating to: (i) this Renewal License, (ii) the construction, installation, operation, maintenance or removal of the Cable System by the licensee, its officers, employees or agents, or (iii) the acts or omissions of the Licensee its officers, employees or agents, including by way of example, but not limitation, damages, injuries (personal or otherwise) or death to any persons or damage to real or personal property. Indemnified expenses shall include, without limitation, all out-of-pocket expenses, such as attorneys' fees, including the reasonable value of any services rendered by the Town Counsel. The Town shall give the Licensee timely written notice of any claim(s) for which indemnification is sought. 0. Breach of the License. Liquidated Damanes and License Revocation 1. The Licensee should be subject to clear requirements for demonstrating compliance with its License and all legal requirements, including the provision to the Town of all relevant documents and information. No documents or information reasonably needed by the Town to determine the Licensee's compliance with the License and applicable legal requirements should be withheld from the Town 2. The Town should have effective tools to monitor, enforce, and ensure full compliance with License, legal and regulatory requirements. 3. The Applicant should, in its Amended Application, propose a reasonable determination of breach provision. That provision should provide a fair, but not unduly long hearing process through which the Issuing Authority may determine whether there has been and/or exists a material breach and/or default of the License by the Licensee. In the event that the Issuing Authority determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: a. Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; 11.2 below; b. Assess liquidated damages in accordance with the schedule set forth in Section c. Commence an action at law for monetary damages; d. Foreclose on all or any appropriate part of the security provided pursuant to the License; 32 31 e. Declare the Renewal License to be revoked pursuant to the License and applicable law; and/or f. Invoke any other lawful remedy available to the Town. 4. Liquidated damage amounts should reflect the monetary damages the Town may face with respective a failure of the Licensee to meet License and/or legal requirements, and realistically discourage such failures. The Applicant should, in its Amended Application, include liquidated damage provisions, including liquidated damage amounts which reflects this Town interest, while at the same time not being unreasonable or unfair to the Licenseee. P. Customer Service and Privacv Standards 1. Customer Service Office a. Since the Town of Reading's first cable license, over twenty-five (25) years, the Town has been served by a full-service customer service office. While the various uses of the customer service office have changed over the years, the overall importance of a local office has not diminished. Of particular importance, in today's busy world, is the ability of choosing when to address and/or remedy a cable matter or problem, particularly as respects equipment matters. Few people are easily able to stay home for service windows of three (3) to four (4) hours in order to address a cable matter. In fact, in many respects, the local office is more important than ever. b. In addition to the convenience to cable Subscribers, a local office provides an important point of contact for a cable operator to get to understand, and sometimes know, its customers. Frankly, it's just good business, particularly in a community that uses, understands, and appreciates the benefits of a customer service office, based on its longstanding experience. c. The Licensee shall, throughout the term of the License, operate, maintain and staff a full-time customer service office in the Town of Reading or a city or town contiguous with the Town of Reading. Said office shall be open for walk-in business Monday through Friday, during Normal Business Hours, for the purpose of, among other things, receiving monthly bill collections, installation and change of service and service call requests, exchangingtreplacing customer equipment, receiving all customer inquiries and Complaints, made in person, including without limitation, those regarding billing, Service, installation, equipment malfunctions; and answering general inquiries. d. The speck location of said area wide customer service office may be changed at the sole discretion of the Licensee; provided, however, that (i) the Licensee shall give the Issuing Authority at least sixty (60) days advance, written notice of any such change(s); and (ii) without prejudice to the Licensee's discretion, the Licensee shall take into account and consider in good faith any possible concerns raised by the Issuing Authority regarding such possible new location. 33 &41 2. Customer Service Obligations a. The Licensee shall comply with FCC's Customer Service Obligations, codified at 47 U.S.C. 76.309, as may be amended from time to time, and which shall be incorporated by reference into the License. b. The Licensee's Amended Application shall include and specify: (i) additional customer service standards or obligations it intends to met and (ii) those standards and obligations it proposes to be in a License granted by the Issuing Authority. If the Applicant is not proposing to include specific customer service standards and/or obligations in its Amended Application or the License, which have been included in any other cable franchise executed to date by Verizon (not limited to Verizon of New England Inc.) or any entity whose ultimate parent is Verizon Communications, Inc., regardless of the state in which the cable franchise was granted, please identify those provisions and explain their exclusion. Customer service obligations include, but are not limited to: telephone call centers and access, installation and service visits and scheduling and equipment policies. 2. Subscriber Privacv a. The Licensee shall comply with applicable laws and regulations regarding Subscriber privacy, as may be amended from time to time, and which shall be incorporated by reference into the License. b. The Licensee's Amended Application shall include and specify: (i) additional privacy standards it intends to meet and (ii) those standards it proposes should be in a License granted by the Issuing Authority. If the Applicant is not proposing to include specific customer service requirements which have been included in any other cable franchise executed to date by Verizon (not limited to Verizon of New England Inc.) or any entity whose ultimate parent is Verizon Communications, Inc., regardless of the state in which the cable franchise was granted, please identify those subscriber privacy provisions and explain their exclusion. Revorts and InvesUgation 1. Revorts Reauired To Be Submitted By Law The Licensee shall submit to the Town, all reports required to be submitted to the Town under applicable law and/or regulation. 2. Revorts Generallv a. Upon the written request of the Issuing Authority, the Licensee shall promptly submit to the Issuing Authority and/or its designee(s) any records, documents and/or information regarding the Licensee, its business and operations, and/or any Affiliated Person, with respect to the Cable System, in such form and containing such detail as may be reasonably specified by the Town pertaining to the Renewal License. 34 N► b. If any records, documents or information are too voluminous, or for security reasons cannot be copied and moved, then the Licensee may request that the inspection take place at a location mutually agreed upon by the Licensee and the Issuing Authority, provided that: (i) the Licensee must make necessary arrangements for copying documents selected by the Issuing Authority and/or its designee(s) after its/their review; and (ii) the Licensee must pay all travel and additional copying expenses incurred by the Issuing Authority and/or its designee(s) in inspecting those records, documents or information. 3. In-House Televhone Revorts In-house telephone reports which shall include the following information and any other information that may be required by applicable law(s): (1) confirmation that, under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made (which standard shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis); and (2) confirmation that, under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. 4. Investigation Subject to applicable law and regulation, the Licensee and any affiliates shall cooperate fully and faithfully with any lawful investigation, audit or inquiry conducted by the Town or a Town governmental agency; provided, however, that any such investigation, audit or inquiry is for the purpose of establishing the Licensee's compliance with its obligations pursuant to this Renewal License. 5. Dual Filines Either party shall notify the other, in writing, of any petitions, communications, and/or requests for waiver or advisory opinion with any State or federal agency or commission pertaining to any material aspect of the Cable System operation hereunder, and shall provide the other party with copies of any such petitions, communications or requests, at its own expense. R. Miscellaneous Provisions 1. Severabilitv In the event that a court or agency or legislature of competent jurisdiction acts or declares that any nonmaterial provision of this Renewal License is unenforceable according to its terms, or is otherwise void, said provision shall be considered a separate, distinct, and independent part of this License, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that a court or agency or legislature of competent jurisdiction acts so that any material provision of this Renewal License is unenforceable according to its terms, or is 35 YOV otherwise void, the parties agree to immediately enter into negotiations in good faith and make equitable amendments to restore the relative burdens and benefits of this Renewal License. Notwithstanding the foregoing, if a party believes a provision is not material, it must so notify the other party within thirty (30) days of a request by such other party that it enter into negotiations to make amendments, or else the claim of non-materiality is waived. The obligation to negotiate is not tolled, and the parties must discharge their negotiation responsibility notwithstanding a dispute as to materiality. The remedies provided for herein do not prevent a party from contending that a particular provision is enforceable, or foreclose any remedies if a provision is enforceable. 2. Acts or Omissions of Affiliates During the term of the Renewal License, the Licensee shall be liable for the acts or omission of its Affiliates while such Affiliates are involved directly or indirectly in the construction, in maintenance or operation of the Cable System as if the acts or omissions of such Affiliates were the acts or omissions of the Licensee. 3. Force Maieure The Force Majeure provision of the License must include the following or similar provisions: a. That the party invoking force majeure takes immediate and diligent steps to comply as soon as possible under the circumstance with the License 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; b. 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; and c. the party Licensee invoking force majeure shall notify the other party, in writing, of the occurrence of an event covered by the force majeure License Provision, within five (5) business days of the date upon which the invoking party learns of its occurrence. 4. Jurisdiction Jurisdiction and venue over any dispute, action or suit arising from this Renewal License shall be as follows: (i) with respect to a legal action brought in the District Court of Massachusetts, the venue shall be the Woburn Division; (ii) with respect to an action brought in the Superior Court of Massachusetts, the venue shall be the Middlesex Superior Court in Cambridge; and (iii) with respect to an action brought in the Federal District Court, the venue shall be the Federal District Court for the Eastern District of Massachusetts, located in Boston, Massachusetts. The parties by-this instrument subject themselves to the personal jurisdiction of said courts for the entry of any such judgment and for the resolution of any dispute, action, or suit. 36 V3 S. Pavment For Licensing Costs Has Verizon (not limited to Verizon of New England Inc.) or any entity whose ultimate parent is Verizon Communications, Inc., entered into a cable franchise, regardless of the state in which the cable franchise was granted, in which it was agreed or the franchise document provided that Verizon would pay some of the municipalities costs associated with the grant of the franchised? If so please describe. If so, please state whether the Applicant is willing to pay some of the costs associated with the Town of Reading's grant of a Cable License to the Applicant. If so, please describe. If not, please explain why not. T. Cable Eauinment Including Set Ton Boxes. Cable-Readv Set Compatibility. Remote Controls. DVR's. and Re-Use of Existing vs.. New Wiring To and Inside Homes Please fully describe all matters of interest and concern to Subscribers regarding cable equipment, including set top boxes, cable-ready set compatibility, remote controls, DVR's, and re- use of existing vs. new wiring to and inside homes. U. Telecommunications and Internet Services To Be Made Available To The Town And Schools What telecommunications and Internet Services will the Applicant make available to the Town and Schools? Will these services be provided at no cost or for a reduced cost? Please explain in as much detail as will be helpful. V. Senior Discount The Town had a strong interest in a senior discount. Will the Applicant be offering a senior discount in Reading? If so, what will the specific terms be and how will this me memorialized? (The Town prefers the senior discount be address in the License, if granted, or in the alternative by another for of written guarantee.) 37 OWN Shaping How You Communicate Tomorrow" Voice, Data, Video, Broadband: Products & Services with Integrity 235 Heritage Avenue,Portsmouth, NH 03501 Tel. 603.43.1.8155 Far, 603.431.4232 www.iirtegrisysgroup.com Existing Conditions and Infrastructure Strategies For the Reading I-Net Reading, MA The Town currently has a Fiber Optic I-Net network in place between a number of Town buildings. The Town approved architecture is a 24 strand fiber network emanating from the Town Hall and passing through a number of buildings as the network reaches out to final destinations in remote buildings. Individual fibers of the 24 fiber network will be activated by the Town as needed to satisfy various applications as implemented. It is further approved that areas that are not cost effective in the installation and deployment of fiber due to distance and/or limited applications, can be facilitated in other ways, to include point to point wireless links. The existing network consists of installed fibers running from the Town Hall to the Library, the Central Fire Station, The High School, The Police department, and the Senior Center. The link to the West Fire Department is already planned for construction and will be active in the near future. It further consists of wireless data links to the Water Treatment Plant and the Department of Public Works. The Town is wanting to continue its development of the fiber optic network and would like to be able to advance and grow with technology, allowing multiple applications on the I-Net, beyond just video and data. Some technologies that will be deployed are PEG Access video, 1Gbps Data, telephony, control system monitoring and management, and video conferencing. Plans of growth include network expansion to several schools, municipal buildings and other locations. Said expansion is planned to the Wood End School, Killam School, Coolidge Middle School, Birch Meadow School, Parker Middle School, Barrows School, Eaton School, The RCTV Access Studio, Reading Municipal Light Department, the Town Common, the YMCA, and Burbank Arena. The current recommendation to comply with the Town's growth strategies is to install 24 strand fiber optic links from and to the following locations: A 24 strand fiber shall be installed from the West Fire Department to the Parker Middle School. A 24 strand fiber shall be installed from the Parker Middle School to the Barrows School. A 24 strand fiber shall be installed from the West Fire Department to the Eaton School. A 24 strand fiber shall be installed from the Senior Center to the RCTV Access Studio on Ash Street. A 24 strand fiber shall be installed from the RCTV Access Studio to the Reading Municipal Light Department. A 24 strand fiber shall be installed from the Town Hall to the Reading Town Common. A 24 strand fiber shall be installed from the Central Fire Station to the Killam School. A 24 strand fiber shall be installed from the Killam School to the Burbank Arena. A 24 strand fiber shall be installed from the Town Hall to the Coolidge Middle School. A 24 strand fiber shall be installed from the Coolidge Middle School to the Wood End School. A 24 strand fiber shall be installed from the Coolidge Middle School to the Birch Meadow School. A 24 strand fiber shall be installed from the Birch Meadow School to the YMCA. F A 24 strand fiber shall be considered for installation from the YMCA to the Water Treatment Plant, actual construction dependent upon cost and applications. A 24 strand fiber shall be considered for installation from the Senior Center to the Department of Public Works, actual construction dependent upon cost and applications. Additional Fibers, six (6) at a minimum, shall be considered for installation from each of as many nineteen (19) pumping station locations to the closest I-Net cabled locations, actual construction dependent upon cost and applications. An alternate for consideration is a dedicated wireless link from each pumping station to I-Net locations to be determined. All locations identified herein will require broadcast video as an application except the following: The Department of Public Works, the Water Treatment Plant, and the pumping stations. These locations have been identified as having only data requirements as an application. Gregory W. Hall, RCDD/OSP VP / Technical Services Integrisys Communications Group, Inc. 235 Heritage Avenue Portsmouth, NH 03801 Phone: 603-431-8155 Fax: 603-431-4232 e-mail: ghall@integrisysgroup.com 46 Shaping How You Communicate TomorrowW" Voice, Data, Video, Broadband: Products & Services WitUntegrity 235 Heritage Avenue,Portsmouth, NH 03801 Tel. 603,431.8155 Fax-603.431:4232 Nl^vw:integrisysgroup.com Estimated Costs for the Installation of I-Net Infrastructure Reading I-Net, Reading, MA I-Net w/Only Locations Requiring Video $254,560.00 This is the price for the expansion of the fiber optic network to only those buildings identified as requiring PEG Access Video. It also reflects the cost of a conventional six (6) strand fiber instead of the 24 strand solution approved by the Town. Total I-Net w/o pumping stations $395,160.00 This is the price for the expansion of the fiber optic network to all buildings identified in Exhibit 1 of the Draft I-Net Provision, excluding the pumping stations. It reflects the cost of the 24 strand solution approved by the Town. The additional locations will be using applications other than PEG Access video, such as, but not limited to, data and teleconferencing. Additional Cost for Pumping Stations (Fiber Option) $274,360.00 This is the additional cost for the expansion of the fiber optic network to nineteen (19) pumping stations. This option reflects a six (6) fiber solution from each pumping station to the nearest I-Net serviced location. Additional Cost for Pumping Stations (Wireless Option) $114,000.00 This is the additional cost for the expansion of the I-Net to nineteen (19) pumping stations. This option reflects a wireless network solution from each pumping station to the nearest I-Net serviced location. It is also based on available line of site between locations. N7 Shaping How You Communicate Tomorrow"' Voice, Data, Video, Broadband: Products & Services with Integrity 235 Heritage Avenue,Portsmouth, NH 03801 Tel. 603,431.81,55 Fax. 603.43.1:4232 www.integrisysgroup.com Verizon I-Net Provision Town of Reading, MA - DRAFT - INSTITUTIONAL NETWORK (a) Within six (6) months of the Effective Date of this License, the Licensee, at its sole cost, shall make funds available to the Town of Reading to allow it to expand its existing Institutional Network ("I-Net") in accordance with the terms herein. (b) The I-Net shall be a multi-strand, single-mode Fiber Optic Network, emanating from the Town Hall in a star topology, to those municipal, school, and other buildings identified in Exhibit 1. Said I-Net shall be capable of transmitting from and to the buildings identified in Exhibit 1. No less than six (6) fibers shall be terminated and available between the Town Hall and buildings identified in Exhibit 1, for use by the Issuing Authority and/or its designees. (c) The Issuing Authority and/or its designee(s), at their sole discretion, may elect to use funds provided for the growth of the Town I-Net for wireless communications links, or other solutions, for locations deemed not cost effective for the installation of fiber optic cables due to distance or type of service required.. (d) The Town, School Department, Issuing Authority and its designees shall have exclusive and unrestricted use of the I-Net for purposes of transmitting and transporting various communications services, to include, but not be limited to, PEG Access Video, video conferencing, data, telephony, and control system monitoring and management. (e) The I-Net shall be terminated using SC/APC type connectors, to allow minimal back scatter and reflection of signals. Each single mode fiber shall be terminated by the in a fiber patch-panel at each I-Net site location and at the Reading Town Hall. 9 (f) The I-Net shall be inspected and tested by the installation company to show compliance with industry and cable and connector manufacturer's specifications and tolerances prior to delivery to the Issuing Authority and/or its designees. Test results showing industry and manufacturer compliant results shall be provided to the Issuing Authority and/or its designee within thirty (30) days of completion of such testing. (g) The Issuing Authority and/or its designee(s) shall make available space for any and all Licensee's I-Net equipment rack(s) and cabinets, and shall allow access to Licensee owned equipment at no charge to the Licensee. The Licensee shall notify the Town or its designee prior to accessing the equipment. (h) The Licensee's Subscriber Network shall be interconnected to the I-Net at the Licensee's Headend or Hub-site in order that PEG Access Programming originating from the municipal, school, and other buildings identified in Exhibit I can be sent upstream on the I-Net and then switched to the designated downstream Subscriber Network PEG Access channel on the Subscriber Network. Said interconnect, fiber optic outside plant inclusive, shall be installed in a timely manner and maintained at the sole cost of the Licensee. If the Licensee chooses not to construct the fiber optic link, than the Licensee shall make available to the Town, the funds required to construct said link within thirty days of the written request by the Issuing Authority, and the Town will perform the construction of said link. There shall be no charge to the Town or its designee(s) for signal transmission, transport and/or switching associated with said interconnect. (i) The Town shall have the sole responsibility for maintaining the Institutional Network, except for Licensee owned Fiber link to its Headend/Hub, PEG Access receiving, transmission and transport equipment, and switching equipment. (j) The Licensee shall provide to the Issuing Authority or its designee, funds in the amount of $ 254,560.00 Dollars to allow for expansion of the Reading I-Net as described here-in. Said funds shall be made available pursuant to paragraph (a) of this Section of the License. (k) Upon written request of the Issuing Authority, throughout the term of this License and at its sole expense, the Licensee shall provide funds to allow for extension or relocation of the I-Net, as described herein, to buildings and/or locations requested by the Issuing Authority. Said 1-net extensions and/or relocations shall consist of a minimum of six (6) fibers terminated for the Issuing Authority's and/or its designees' use Said fluids shall be mutually negotiated, in good faith, by the Licensee and the Issuing Authority Uqq or its designee and shall be available within 3 months of said request at the Licensee's sole cost. (1) The Licensee shall provide one (1) standard Subscriber Drop to Town buildings Public School buildings and other buildings identified on Exhibit 3.2, and future locations pursuant to paragraph (k) above, upon no less than twelve (12) months from the effective date of this License or date of written request for extensions and relocations. Said drops shall be installed at the Licensee's sole cost. 0 Exhibit 1 Town, School, and other Buildings Requiring I-Net Access: Town Hall Police Dept. Library Central Fire Sr. Center High School RMHS Field House Public Works Garage Waste Treatment Plant YMCA Burbank Arena TV/Access Studio Reading Municipal Light Dept. West Side Fire Seven (7) additional schools (Please itemize) As Many as Nineteen (19) additional Municipal locations - to include pumping stations (please itemize) Add additional Buildings and locations as warranted D Section 6.10---ACCESS CABLECASTING (a) In order that the Town or its designee(s) can cablecast PEG Access Programming over the three (3) PEG Access Channels, all PEG Access programming shall be transmitted by the Town or its designee(s), then transported from any location in the Town with Origination Capability to the Town Hall I-Net Headend. At the Town Hall, said signals shall be received from the Town I-Net, and transmitted and transported on the Licensee's fiber optic link to the Licensee's Headend: At the Licensee's Headend, said Access programming shall be retransmitted in the downstream direction on one of the three (3) Downstream PEG Access Channels of the Subscriber Network. Said signal receiving, transmission, transport and retransmission and/or switching shall be done at the Licensee's sole cost. (b) The Licensee shall install and maintain at the Licensee's sole cost, a video fiber link between the Town Hall and the Licensee's Headend, so that Signals from the Town I-Net Origination locations can be switched on to appropriate PEG Access Channels. (c) The Licensee shall provide, install, maintain and/or replace all equipment necessary to receive, transmit and transport all PEG Programming received at the Town Hall I-Net Headend, including all equipment necessary to switch and route such programming through the Headend to the designated Downstream PEG Access Channels on the Subscriber Network. The Town or its designee shall make available in the Town Hall I- Net Headend, at no cost to the Licensee, space for the Licensee owned rack and equipment required for receipt, transmission and transport of PEG Access Programming back to the Licensee's Headend. The demarcation point between the Licensee's Signal processing equipment and the Town's and/or its designee's transmission equipment shall be at the output of the Town's and/or its designee's transmitter(s) at any of the I-Net Buildings/Origination Sites. (ip ~ ~Ab Town of Reading ATTN: Attorney William Solomon 224 Ash Street Reading, MA June 26, 2005 PRODUCTION STUDIO AND CONTROL ROOM FOR PUBLIC ACCESS Prepared by: Jan D. Haughey Sr. Sales Consultant,Broadcast& Cable 800-868-5150 x686 978-978-4777 FAX ihaughev( .crimsontech.com Description Part # Qty Unit Cost Ext. Cost. 1/3" 3 CCD Camera AWE350A 1 $ 3,400.00 $ 3,400.00 Pan Tilt Head AWPH300A 1 $ 4,200.00 $ 4,200.00 Power Supply AWPS300 1 $ 730.00 $ 730.00 Fujinon Lens x16 AWLZ16MD55 1 $ 2,700.00 $ 2,700.00 Lens Control Cable AWCA50T15 1 $ 135.00 $ 135.00 SDI Interface Card AW-PB304 1 $ 1,910.00 $ 1,910.00 Multi-Hybrid Control Panel AWRP505 1 $ 2,320.00 $ 2,320.00 Power Supply AWPS301 1 $ 125.00 $ 125.00 HUB AWHB505 1 $ 2,820.00 $ 2,820.00 Power Supply AWPS505 1 $ 310.00 $ 310.00 SDI Upgrades for exisitng Cameras AW-PB304 2 $ 1,910.00 $ 3,820.00 Listec Solo System w/ Studio Hood w/ A-6WIN/6A Software w/o Tripod ST-2015SAP-LT 1 $ 4,795.00 $ 4,795.00 Tripod used with Listec Solo LT77 TRIPOD 1 $ 395.00 $ 395.00 Dolly for LT77 DL3 1 $ 265.00 $ 265.00 Miller System Arrow w/ HD 931 T, Mid Level Spreader 1437 3 $ 7,480.00 $ 22,440.00 8 Input Professional A/V Mixer AG-MX70 1 OFE $ - 4 Input, 1 Output SDI Option Card AG-YA70 1 $ 2,850.00 $ 2,850.00 Professional Dual Cannel CG/Graphics CynergSDI 1 $ 13,995.00 $ 13,995.00 2 Channel Intercom System ClearCom 1 $ 2,000.00 $ 2,000.00 Camera Preview Monitors 3 OFE $ - Color Program Output Monitorw/SDI TM-H150CGU/IFC21SD 1 $ 1,434.00 $ 1,434.00 9" Color Monitor w/SDI TM950DU 2 $ 1,247.00 $ 2,494.00 Roll-In Source Deck (Prof DVCAM w/SDI Recorder) DSR1600/DSR1601 1 $ 7,660.00 $ 7,660.00 Record Deck (Prof DVCAM w/ SDI Recorder) DSR1800/DSBK180 1 $ 10,770.00 $ 10,770.00 Focus Enhancements Firestore Studio Drive ASYFO65401 1 $ 6,495.00 $ 6,495.00 DVD Burner RDRGX7 1 $ 799.00 $ 799.00 Combo CD/Cassette Player PMD351 1 $ 699.00 $ 699.00 Audio Mixer 1604VLZPRO 1 $ 1,299.00 $ 1,299.00 Microphones (Lav, HH) MISC 1 $ 1,000.00 $ 1,000.00 Audio/Video Patch Panel TBD 1 $ 3,000.00 $ 3,000.00 Analog/Digital WFM& VScope A700WVA/A700SDI 1 $ 3,620.00 $ 3,620.00 Audio AGC 421 M 1 $ 549.00 $ 549.00 Video AGC VM771 1 $ 695.00 $ 695.00 Studio Lighting Package 1 $ 20,000.00 $ 20,000.00 Lighting Grid 4' x4' Stage Twist 1 $ 5,000.00 $ 5,000.00 Currently exists, if studio moves Cyclorama Curtain & Dual Track 1 $ 4,500.00 $ 4,500.00 Misc. Mounting Hardware 1 $ 1,000.00 $ 1,000.00 Design and Engineering, Pre Rack/Test, Installation 1 $ 2,500.00 $ 2,500.00 Studio Control Room Console 1 OFE $ - PRODUCTION STUDIO AND CONTROL ROOM BUDGET $142,724.00 REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 5. S3 Town of Reading ATTN: Attorney William Solomon 224 Ash Street Reading, MA June 26, 2005 PORTABLE STUDIO~FOR GOVT & PUBLIC ACCESS Prepared by: Jan D. Haughey Sr. Sales Consultant,Broadcast& Cable 800-868-5150 x686 978-978-4777 FAX ihauahevCm.crimsontech.com UNIT EXT. DESCRIPTION PART # QTY. PRICE PRICE Panasonic 3 CCD Camcorder PVGS65 6 $599.95 $3,599.70 Panasonic Batteries CGA-DU21A/1B 6 $112.95 $677.70 Soft Case f/ PVGS65 6 $45.00 $270.00 Bogen Tripod 3130,75513K 6 $498.00 $2,988.00 SONY DVCAM Camcorder DSRPD170 2 $3,940.00 $7,880.00 Spare Battery NPF970 2 $230.00 $460.00 SONY AC Adapter & Charger ACV700A 2 $150.00 $300.00 Bogen Tripod 510-8,515PKIT 2 $1,758.00 $3,516.00 SONY Soft Bag and Rain Cover LCPD150BP 2 $230.00 $460.00 SONY Lav Mic ECM44B 2 $250.00 $500.00 Azden HH VHF System 200HT 2 $260.00 $520.00 Azden Lav VHF System 20OLT 2 $200.00 $400.00 Sennheiser Shotgun microphone ME67 1 $335.00 $335.00 Sennheiser Shotgun Power Module K6 1 $285.00 $285.00 Focus Enhancement Firestore FS4 Pro ASYFO83101 5 $1,195.00 $5,975.00 Mackie Audio Mixer 1202VLZPRO 1 $489.00 $489.00 MidAtlantic Sliding Shelf SS 1 $135.00 $135.00 Headphones MDR7502 1 $63.00 $63.00 Focus Enhancements Firestore Studio Drive ASYF065401 1 $ 6,495.00 $ 6,495.00 Character generator LCG3000D 1 $3,149.00 $3,149.00 Mid Atlantic Clamping Kit RC2 1 $62.00 $62.00 MidAtlantic Sliding Shelf SS 1 $135.00 $135.00 Rackmounted VGA Monitor XD104CX1 1 $1,815.00 $1,815.00 Panasonic video mixer AWSW350 1 $3,995.00 $3,995.00 Panasonic Power Supply AWPS505 1 $295.00 $295.00 Marshall Electric multi-camera monitor VR43P 1 $1,299.00 $1,299.00 Videssence Light Kit KM2055SB 1 $1,250.00 $1,250.00 Panasonic monitor CT-1389VYD 1 $330.00 $330.00 Audio Snake Cable 8 (both XLR & 1/4") x4 SNAKE 1 TBD $0.00 Other cables as needed 1 TBD $0.00 Portable Cases/ F&R Rail;F&R Doors Size TBD 2 $700.00 $1,400.00 Design and Engineering Package 1 $ 1,000.00 $ 1,000.00 Pre-Rack Install 1 $ 2,000.00 $ 2,000.00 On-Site Install 1 $ 2,000.00 $ 2,000.00 Testing and Sign-Off 1 $ 500.00 $ 500.00 $47,043.00 REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 3. REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 6. Town of Reading ATTN: Attorney William Solomon 224 Ash Street Reading, MA June 26, 2005 PORTABLE STUDIO FOR HIGH SCHOOL DESCRIPTION PART # Panasonic 3 CCD Camcorder PVGS65 Panasonic Batteries CGA-DU21A/1 B Soft Case f/ PVGS65 Bogen Tripod 3130,755BK SONY Lav Mic ECM44B Azden HH VHF System 200HT Azden Lav VHF System 20OLT Sennheiser Shotgun microphone ME67 Sennheiser Shotgun Power Module K6 Mackie Audio Mixer 1202VI 7PRO MidAtlantic Sliding Shelf SS Headphones MDR7502 Focus Enhancements Firestore Studio D ASYF065401 Character generator LCG3000D Mid Atlantic Clamping Kit RC2 MidAtlantic Sliding Shelf SS Rackmounted VGA Monitor XD104CX1 Panasonic video mixer AWSW350 Panasonic Power Supply AWPS505 Marshall Electric multi-camera monitor VR43P Videssence Light Kit KM2055SB Panasonic monitor CT-1389VYD Audio Snake Cable 8 (both XLR & 1/4") ; SNAKE Other cables as needed Portable Cases/ F&R Rail;F&R Doors Size TBD Design and Engineering Package Pre-Rack Install On-Site Install Testing and Sign-Off REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 3. REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 6. OTY 3 3 3 3 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 Prepared by: Jan D. Haughey Sr. Sales Consultant,Broadcast& Cable 800-868-5150 x686 978-978-4777 FAX ihauahevna.crimsontech. com UNIT PRICE $599.95 $112.95 $45.00 $498.00 $250.00 $260.00 $200.00 $335.00 $285.00 $489.00 $135.00 $63.00 $ 6,495.00 $3,149.00 $62.00 $135.00 $1,815.00 $3,995.00 $295.00 $1,299.00 $1,250.00 $330.00 TBD TBD $700.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 $ 500.00 EXT. PRICE $1,799.85 $338.85 $135.00 $1,494.00 $500.00 $520.00 $400.00 $335.00 $285.00 $489.00 $135.00 $63.00 $ 6,495.00 $3,149.00 $62.00 $135.00 $1,815.00 $3,995.00 $295.00 $1,299.00 $1,250.00 $330.00 $0.00 $0.00 $1,400.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 $ 500.00 $32,219.70 D Town of Reading ATTN: Attorney William Solomon 224 Ash Street Reading, MA June 26, 2005 PORTABLE-STUDIO FOR MIDDLE SCHOOL SCHOOL This system twice, one for each Middle School. DESCRIPTION PART # Portable Studio Panasonic 3 CCD Camcorder PVGS65 Panasonic Batteries CGA-DU21A11B Soft Case f/ PVGS65 Bogen Tripod 3130,7556K Azden HH VHF System 200HT Azden Lav VHF System 20OLT Mackie Audio Mixer 1202VLZPRO MidAtlantic Sliding Shelf SS Headphones MDR7502 JVC SVHS/MiniDV Player/Recorder BR-DV3000U JVC SVHS/MiniDV Player/Recorder BR-DV6000U Mid Atlantic Clamping Kit RC3 Character generator LCG3000D Mid Atlantic Clamping Kit RC2 MidAtlantic Sliding Shelf SS Rackmounted VGA Monitor XD104CX1 Panasonic video mixer AWSW350 Panasonic Power Supply AWPS505 Marshall Electric multi-camera monitor VR43P Videssence Light Kit KM2055SB Panasonic monitor CT-1389VYD Audio Snake Cable 8 (both XLR & 1/4") ; SNAKE Other cables as needed Portable Cases/ F&R Rail;F&R Doors Size TBD Design and Engineering Package Pre-Rack Install On-Site Install Testing and Sign-Off REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 3. REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 6. Prepared by: Jan D. Haughey Sr. Sales Consultant,Broadcast& Cable 800-868-5150 x686 978-978-4777 FAX ihauohevna.crimsontech.com UNIT EXT. QTY. PRICE PRICE 3 $599.95 $1,799.85 3 $112.95 $338.85 3 $45.00 $135.00 3 $498.00 $1,494.00 2 $260.00 $520.00 2 $200.00 $400.00 1 $489.00 $489.00 1 $135.00 $135.00 1 $63.00 $63.00 1 $1,995.00 $1,995.00 1 $3,995.00 $3,995.00 2 $69.00 $138.00 1 $3,149.00 $3,149.00 1 $62.00 $62.00 1 $135.00 $135.00 1 $1,815.00 $1,815.00 1 $3,995.00 $3,995.00 1 $295.00 $295.00 1 $1,299.00 $1,299.00 1 $1,250.00 $1,250.00 1 $330.00 $330.00 1 TBD $0.00 1 TBD $0.00 2 $700.00 $1,400.00 1 $1,000.00 $ 1,000.00 1 $2,000.00 $ 2,000.00 1 $2,000.00 $ 2,000.00 1 $ 500.00 $ 500.00 $30,732.70 Town of Reading Prepared by: ATTN: Attorney William Solomon Jan D. Haughey 224 Ash Street Sr. Sales Consultant, Broad Rea ding, MA 800-868-5150 x686 June 26, 2005 978-978-4777 FAX iha uahevO.drimsontech.cor Standard 3 Channel PEG Access System Tightrope MS RP Cost Ext Cost 1 System Control Cablecast-Bundle $ 6,975.00 $ 6,975.00 2 Messaging System Carousel Ver 4(1) $ 4,750.00 $ 9,500.00 Note (1) One included with Cablecast Web Centric Interface 1 Video Server VS4-200 $ 9,650.00 $ 9,650.00 1 Encoder VS4-ENC6 $ 3,500.00 $ 3,500.00 Switching $ 29,625.00 1 Knox RS8x8HB/BAL $ 2,095.00 $ 2,095.00 1 RS232/422 Interface ACC:PC12321422-BPT $ 525.00 $ 525.00 Source 1 Sony Multi DVD player DVPCX777ES $ 899.00 $ 899.00 1 Leightronix PLUS Bus Control 9 Pin Cable $ 35.00 $ 35.00 1 JVC S-VHS/VHS VCR SR-S365U $ 1,425.00 $ 1,425.00 1 Leightronix Pro Bus Control 9 Pin Cable $ 35.00 $ 35.00 1 JVC DV & DVCAM Player BRDV3000UB $ 2,095.00 $ 2,095.00 1 Leightronix Pro Bus Control 9 Pin Cable $ 35.00 $ 35.00 Monitors & Gear 1 JVC 20" Monitor/TV TM2003U $ 269.00 $ 269.00 2 Marshall Quad Monitor V-R44P $ 1,699.00 $ 3,398.00 1 Tecnec 15" LCD Rack Monitor SLIM-RMD815 $ 1,400.00 $ 1,400.00 3 Symetrix Audio AGC 421 M $ 549.00 $ 1,647.00 3 FM Systems Video AGC VM771 $ 845.00 $ 2,535.00 Racks & Misc. 1 MidAtlantic Rack WRK-44SA-32LRD $ 1,157.99 $ 1,157.99 1 MidAtlantic Wheel Base CBS-WRK32 $ 176.72 $ 176.72 2 MidAtlantic Power Strips PD915R $ 109.00 $ 218.00 1 FEC VCR Mount RKS365U $ 215.00 $ 215.00 2 MidAtlantic Rack Shelf U4 $ 74.00 $ 148.00 $ 18,308.71 $ 47,933.71 REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 5. 0 Town of Reading ATTN: Attorney William Solomon 224 Ash Street Reading, MA June 26, 2005 SENIOR CENTER Description Panasonic CCTV Camera Power Supply Camera Preview Monitor Wall Mount Wiring: Video and Control Signal Power CCTV Switcher Switcher Rkmt Kit Camera Controller Portable Gov't Access Studio Microphones (Lav, HH) Audio AGC Video AGC Prepared by: Jan D. Haughey Sr. Sales Consultant,Broadcast& Cable 800-868-5150 x686 978-978-4777 FAX ihaughev(a)crimsontech.com Model# Qty List Ext Total WVCS564 3 $1,700.00 $ 5,100.00 BT2440A 3 $ 10.00 $ 30.00 WVBM503 1 $1,500.00 $ 1,500.00 PWM4 3 $ 145.00 $ 435.00 RG59 Estimate $ - 2 Conductor Estimate $ - WJMP204 1 $ 500.00 $ 500.00 WVQ204/1 1 $ 150.00 $ 150.00 WVCU360 1 $ 630.00 $ 630.00 1 OFE $ - MISC 1 $1,000.00 $ 1,000.00 421 M 1 $ 549.00 $ 549.00 VM771 1 $ 695.00 $ 695.00 $10,589.00 REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 5. ACIN U90 Town of Reading Prepared by: ATTN: Attorney William Solomon Jan D. Haughey 224 Ash Street Sr. Sales Consultant,Broadcast& Cable Reading, MA 800-868-5150 x686 June 26, 2005 978-978-4777 FAX ihauahevna.crimsontech.com UPGRADES TO SELECTMEN'S MEETING ROOM & CONFERENCE ROOM Description Model# Qty List Ext Total For Selectmen's Room Panasonic CCTV Camera WVCS564 3 $1,700.00 $ 5,100.00 Power Supply BT2440A 3 $ 10.00 $ 30.00 Camera Preview Monitor WVBM503 1 $1,500.00 $ 1,500.00 Wall Mount PWM4 3 $ 145.00 $ 435.00 For Conference Room Panasonic CCTV Camera WVCS564 2 $1,700.00 $ 3,400.00 Power Supply BT2440A 2 $ 10.00 $ 20.00 Camera Preview Monitor WVBM503 1 $1,500.00 $ 1,500.00 Wall Mount PWM4 2 $ 145.00 $ 290.00 Wiring: $ - Video and Control Signal RG59 Estimate $ 300.00 $ 300.00 Power 2 Conductor Estimate $ 300.00 $ 300.00 Panasonic video mixer AWSW350 1 $3,995.00 $3,995.00 Panasonic Power Supply AWPS505 1 $295.00 $295.00 SVHS VTR SRS365U 2 $1,425.00 $ 2,850.00 Scan Converter 1290 2 $1,395.00 $ 2,790.00 Racking Kit 1240 2 $ 75.00 $ 150.00 New Racking Console 1 $ 3,500.00 $ 3,500.00 Microphones (Lav, HH) MISC 1 $1,000.00 $ 1,000.00 Audio AGC 421 M 1 $ 549.00 $ 549.00 Video AGC VM771 1 $ 695.00 $ 695.00 36 Inch Over Flow Monitor KD36FS130 1 $999.99 $999.99 $ 29,698.99 REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 5. Town of Reading ATTN: Attorney William Solomon 224 Ash Street Reading, MA June 26, 2005 EDITING OPTIONS FOR THE ACCESS STUDIO LINEAR EDITING PACKAGE Qty 1 DV Full/Mini DVCAM Compatible Recorder 1 Globecaster 4000 1 Edit Controller 1 AN MIXER w/ SEG 1 Character Generator 1 VGA Monitor for CG 1 12 Channel Audio Mixer 2 10 inch Color Monitor 1 Combo CD/Cassette Player 1 Microphone 1 Headset 2 Audio Monitor Speakers 1 Edit Desk Console 1 Ergonomic Chair 1 Misc Cables, Connectors 1 Design and Enineering, Pre Rack/Test, Installation 1 Training 1 Freight Prepared by: Jan D. Haughey Sr. Sales Consultant,Broadcast& Cable 800-868-5150 x686 978-978-4777 FAX i hauo hevO.crimsontech. com Item Unit MSRP Ext MSRP BR-DV6000U $ 3,995.00 $ 3,995.00 $ 24,340.00 $ 24,340.00 Globecaster $ - Globecaster $ - Globecaster $ - Globecaster $ - 1202VL7PRO $ 489.00 $ 489.00 TMA101 G $ 479.00 $ 958.00 PMD351 $ 749.00 $ 749.00 SM58LC $ 188.00 $ 188.00 $ 30.00 $ 30.00 AN100 $ 185.00 $ 370.00 E4744 $ 2,857.00 $ 2,857.00 11740 $ 422.00 $ 422.00 $ 300.00 $ 300.00 $ 2,500.00 $ 2,500.00 Globecaster $ 1,295.00 $ 1,295.00 $ 500.00 $ 500.00 $ 38,993.00 The above Globecaster System includes the NLE Option. ENTRY LEVEL NLE Qty Item Unit MSRP Ext MSRP 1 Apple Final Cut Pro HD Software $ 999.00 $ 999.00 1 Mac Dual 2 GHz Power PC 5 $ 6,500.00 $ 6,500.00 2GB DDR400 SDRAM (4x512) (Can add 4 more 512, in pairs) 2 x 25OGB ATA HD ATI Radeon 9600 Pro 1 Apple 17 Inch Studio Display 1 Apple 23 Inch Studio Display 56K V.92 Int Modem SuperDrive Apple Ky & Mouse, Mac OS X 3 Yr APP for Power Mac 1 Roland MA8 Speakers (Pair) $ 119.00 $ 119.00 1 Canopus AD/DA Converter $ 300.00 $ 300.00 1 Mackie Mixer 1202VLZPro $ 489.00 $ 489.00 3 Ext. Storage Opt: LaCie Triple Interface 160 GB 300768 $ 179.00 $ 537.00 1 Desktop DVD w/ Lightscribe 300785 $ 169.00 $ 169.00 1 Source and Record VTR DSR11 $ 2,052.00 $ 2,052.00 1 Voice Over Microphone SM58LC $ 185.00 $ 185.00 1 Firewire Cable $ 25.00 $ 25.00 1 Console for System $ 1,500.00 $ 1,500.00 1 Preconfiguration/Installation/Testing $ 80.00 $ 80.00 2 On-Site Installtion/Delivery $ 125.00 $ 250.00 On-Site Training Services $ - 1 1/2 day (4 hrs) $ 500.00 $ 500.00 1 day (7 hrs) up to $1000 $ - $13,205.00 REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 5. Town of Reading Prepared by: ATTN: Attorney William Solomon Jan D. Haughey 224 Ash Street Sr. Sales Consultant, Broadca Reading, MA 800-868-5150 x686 June 26, 2005 978-978-4777 FAX ihauahev a.crimsontech.com PRODUCTION STUDIO AND CONTROL ROOM UPGRADES HIGH SCHOOL Description JVC STUDIO PACKAGE w/19:1 CANON LENS GY-DV55OU camcorder YH19X67KRS 19:1 Canon lens HZ-FM15U manual focus control HZ-ZS13U Servo zoom control VF-P4000 4-inch studio VF SA-K4000 VF bracket RM-P210U Camera CCU CCU Cable 50M Camera Operator Headset Tekskil Teleprompter EZPrompt Software Miller System Arrow w/ HD 931 T, Mid Level Spreader Part # Qty Unit Cost Ext. Cost DV550-STPACC 2 $14,999.00 $29,998.00 VC-P1 13U KA-310 LCD15 1437 Globecaster Studio 8000 Institutional 59-408 Choice of three cards: Software upgrade coming to allow 16:9 and 4:3 fo rmats at No Charge. INPUT Component Option 59-295 3 Cameras, Prof VTR Frame Sync Composit & Y/C Option 59-050 SVHS VTR DV 10 Input switchable Output 59-436 Serial D1 Input 59-287 Software definable as an Input or Output OUTPUT Master Multi Format Broadcast Reference 59-294 - supports component,Y/C & composite Slave Multi-Format Output 59-298 - supports component,Y/C & composite Slave Serial D1 Output w/ 4 outputs 59-296 DV 10 59-436 Option on the Output Bus, would function ONLY a s an output Composit Preview Output 59-048 ACE Seat License 59-149 CPU Specified below ACE Seat License 59-149 Control Panel 60-000 Time Machine Kit 59-079 Storage Package 72GB Video Hard Drive 36GB Audio Hard Drive 2 $ 1,520.00 $ 3,040.00 2 $ 393.00 $ 786.00 1 $ 4,795.00 $ 4,795.00 1 $ 495.00 $ 495.00 2 $7,480.00 $ 14,960.00 1 $ 19,995.00 $ 19,995.00 3 $ 1,495.00 1 $ 995.00 1 $ 1,195.00 $ 11195.00 $ 995.00 1 $ 1,195.00 $ 995.00 $ 995.00 $ 1,195.00 $ - 1 $ 715.00 1 $ 695.00 $ - 0 $ 695.00 $ - 1 $ 7,995.00 $ 7,995.00 1 $ 4,995.00 $ 4,995.00 1 $ 1,800.00 $ 1,800.00 2 1 Deck Control included with base package 1 VIDEO EFFECTS & PROCESSING CARDS DSK Graphics Animation Engine 1 Single layer DSK comes with system DSK Graphics Animation Engine 59-297 1 $ 2,495.00 $ 2,495.00 Second layer-of DSK, DSK Graphics Animation Engine 59-297 0 $ 2,495.00 $ - 3rd optional DSK DVE WARP Engine 59-291 1 $ 4,995.00 $ - CONTENTS PACK Down Stream Key (DSK) Content Pack 34-592 1 $ 495.00 $ 495.00 Training per Day TRAIN01 2 $ 1,295.00 $ 2,590.00 This includes all travel expenses On-Site Installation and Integration TBD $ 125.00 $ - Any additional technician time $ 125.00 Travel TBD $ 45.00 $ - CPU FOR GLOBECASTER APPLICATION Dell Precision 340 1 $ 1,800.00 $ 1,800.00 P4, 2.66GHz, 512 RAM, WinXP Pro 80 GB System Drive, 120 MB Media Drive DVD+RW, DVD ROM AT[ Radeon VE, 32MB, Dual Monitor Capable Harman/kardon speakers 3 Yr Parts + Onsite Labor (Next business day) The warranty is provided by Dell. LaCie 22" Electron Blue Natural Fiat CRT 1 $ 750.00 $ 750.00 9" B&W Camera Preview Monitors WVBM990C 3 $ 160.00 $ 480.00 Color Program Output Monitor TM-H1950CGU 1 $ 1,465.00 $ 1,465.00 9" Color Monitor TM-A101GU 2 $ 479.00 $ 958.00 Roll-In Source Deck (Prof DV Recorder) BR-DV3000U 1 $ 1,995.00 $ 1,995.00 Roll-In Source Deck (SVHS/VHS) AGDS555 1 $ 3,995.00 $ 3,995.00 Record Deck (Prof DV Recorder) BR-DV6000U 1 $ 3,995.00 $ 3,995.00 DVD Burner RDRGX7 1 $ 799.00 $ 799.00 Combo CD/Cassette Player PMD351 1 $ 699.00 $ 699.00 Audio Mixer 1604VLZPRO 1 $ 1,299.00 $ 1,299.00 Microphones (Lav, HH) MISC 1 $ 1,000.00 $ 1,000.00 Audio AGC 421 M 1 $ 549.00 $ 549.00 Video AGC VM771 1 $ 695.00 $ 695.00 Studio Lighting Package 1 $ 20,000.00 $ 20,000.00 Lighting Grid 4' x4' Stage Twist 1 $ 5,000.00 $ 5,000.00 Cyclorama Curtain & Dual Track 1 $ 4,500.00 $ 4,500.00 Misc. Mounting Hardware 1 $ 1,000.00 $ 1,000.00 Design and Engineering, Pre Rack/Test, Installation 1 $ - Studio Control Room Console 1 $ 5,000.00 $ 5,000.00 Ergonomic Chair 3 $ 100.00 $ 300.00 PRODUCTION STUDIO AND CONTROL ROOM BUDGET $ 151,913.00 REPLACEMENT BUDGET 25% OF TOTAL BUDGET YEAR 5. Unresolved Issue: Status of "Old" Sanborn Lan a private way with increased traffic. A hearing is recomm Reconsider regulation and side of street: "No Stopping, Dopot Enter Crosswalk Standing, (exceptr residents) or Parking 7:30 A ~p 8:30 AM, 7:30 AM to 8:30 AM, j and 2:30 Pffb~to 3:30 PM cOW No Stopping, and 2:30 PM to 3:30 PM Standing, Monday throTigh Friday, Monday through Friday, or Parking September 7 through June 30" ?9° September 1 through June 30, (Emergency Vehicles. Exempt) L 7:30 AM to 8:30 AM, and 2:30 PM to 3:30 PM F; Monday through Friday, \ Q September 1 through June 30 Additional Paved Access - ~~VJbp _c Rrn Parking Not Funded Funded Reconsider regulation: "No Stopping, i WOOD END Do Not Enter Standing, p a 7:34 AM to 8:30 AM, or Parking EL EWENTA~W and 2:30 PM to 3:30 PM 7:30 AM to 8:30 AM,SCHOOL Monday through Friday, and 2:30 PM to 3:30 PM 4 September 1lhrough June 30, Monday through Friday, -I ° (Emergency W.-hicles Exempt) September 1 through June 30 paved Access J Not Funded ' l.i , k , Fox Run Curbing - Not Funded No Stopping, ' ---.i ttt Unresolved Issue: Standing, - Status of Ertt~rson Street and the _ or Parkingl n ) unaccepted Wrt of Dividence Road 7:34 AM to 8:30 AM, <tl and 2:30 PM to 3:30 PM 1i New Sidewalk 10, Q11 - both are prifate ways with no „ Monday through Friday, s Construction - IV , 4, sidewalks ancfmay see increased September 1 through June 34 n, Funded 'K traffic and pedestrian impacts. ogre,^H, Flashing Schoo ign New Sidewalk 0 with Speed Boar r Construction - Funded Funded \ afk --bo -A No No + ~1 Stopping, Stopping, Standing J~ Standing or - n Parking qre Parking o Crosswalk and `with SpeedcBhool oard Sign Crossing Guard Ob PRO Funded Legend Proposed Sidewalks by Priority ;1 -Funded )2 -Funded lla~ J " 3 1 _I 4} -js P7 __j Regulated Parking Zone kL I l R rm 1, 1z "k~ f~ 11 % a cps T-- SIGN-IN SHEET FOR THE BOARD OF SELECTMEN MEETING DATE: 0 OS` NAME ADDRESS (Please print) L4 V4_e_K__ &~e_. v yr i »i9C M ~E~ven Xe4Dr'I 6 i ,)v,,c9re Fee/1 ~7e 4. d, Ile 207 CMR 3.00: LICENSING Section 3.01: General Provisions Section 3.02: Initiation of Licensing Process Section 3.03: Formal Licensing Procedure Section 3.04: Grant of Final License Section 3.05: License Renewal Procedures Section 3.06: License Renewal Grant or Denial Section 3.07: Request for Amendment Section 3.08: Complaint Provisions Section 3.09: Rights of Appeal 3.01: General Provisions (1) All applications, reports, written statements and amendments filed with or prepared by the issuing authority pursuant to 207 CMR 3.00 that are public records under Massachusetts law shall be made available for public inspection in the city or town clerk's office of the issuing authority during regular business hours and for reproduction at a reasonable fee. The applicant shall also file copies of any application(s) and amendments with the Commission. (2) For the purposes of 207 CMR 3.00, the number of residents of each city or town shall be determined from the most recent official federal census figures. (3) The issuing authority may appoint a cable advisory committee and define its duties. In carrying out their duties, cable advisory committee members shall not participate in any matters in a way which would violate the Massachusetts conflict of interest law, M.G.L. c. 268A. (4) Public notice in accordance with 207 CMR 2.02 shall be provided for any public hearing required to be held by the issuing authority under 207 CMR 3.00. (5) With respect to all public hearings held by the issuing authority under 207 CMR 3.00, the issuing authority shall provide for a stenographic, video or other tape record of the hearing(s). The issuing authority may choose the recording methodology. The applicant shall bear the cost of the recording. 3.02: Initiation of Licensing Process (1) The licensing process may be initiated by any of the following actions: (a) A decision by the issuing authority to begin the licensing process. (b) The filing with the issuing authority of an application form prescribed by the Commission pursuant to M.G.L. c. 166A, § 4. (c) The filing with the issuing authority of a petition signed by registered voters of the issuing authority requesting that it begin the licensing process. A petition shall be valid when signed by as many registered voters as equals one-half of one percent of the residents of the issuing authority, except that the number of required signatures shall not be more than 500. (2) No later than 60 days after an application or a voters' petition is filed, the issuing authority shall decide whether the licensing process shall be undertaken. Before making such decision and after notice as required by 207 CMR 2.02, the issuing authority shall hold a public hearing. The issuing authority shall afford any applicant, petitioner, resident or other interested party a full and fair opportunity to be heard. If more than one initiative is filed before the hearing, such additional initiative shall be considered during the scheduled hearing. (3) If, after the hearing described in 207 CMR 3.02(2), the issuing authority declines to undertake the licensing process, it shall promptly issue a written report containing the specific reasons for its decision. Within seven days of the issuance of the report, the issuing authority shall forward copies of the report to the Commission, to each license applicant of record, and to the incumbent cable licensee(s), if any. For the purposes of M.G.L. c. 166A, § 14, the report shall be considered a denial of any applications pending before the issuing authority. (4) If the issuing authority elects to proceed with the licensing process, it shall approve or deny each application within 12 months from the date it decides to do so under 207 CMR 3.02(2). 3.03: Formal Licensing Procedure (1) If the issuing authority elects to undertake the licensing process under 207 CMR 3.02(2) it shall promptly: (a) Notify the Commission of the date that the licensing process was initiated; and (b) Solicit applications for a cable license or licenses and specify a filing deadline for such applications. (2) License applications shall be solicited by publication of a notice in a newspaper of general circulation in the city or town soliciting the applications at least once in each of two successive weeks, the first publication being not less than 60 days before the filing deadline for receipt of applications. Such notice shall also be published not less than 60 days before the filing deadline in one trade journal selected from a listing on file with the Commission. No applications may be filed after the issuing authority's final deadline for applications has passed. (3) Within 90 days of the application filing deadline under 207 CMR 3.03(1)(b), the issuing authority shall issue a written report that includes specifications for the cable license as it deems appropriate. Within seven days after its issuance, the issuing authority shall forward copies of the report to each applicant of record and to the Commission and shall set a deadline for receipt of amendments to applications. No applicant shall materially amend its application after the deadline for receipt of amendments. (4) After issuing its report under 207 CMR 3.03(3), and after notice as required by 207, CMR 2.02, the issuing authority shall hold a public hearing to assess the qualifications of each applicant. Assessment of applicant qualifications shall be limited to the information provided in. the applications on file, any amendments to such applications, the issuing authority report on license specifications, oral testimony given during the hearing and other relevant information included in the hearing record. (5) Within 60 days following the close of the hearing the issuing authority shall approve or deny each application. The issuing authority shall grant a provisional license to any successful applicant and shall issue a written public statement containing in detail the reasons for the approval or denial of each application. The issuing authority shall send a copy of such statement to each applicant of record. (6) The provisional license shall be executed within three months of the issuing authority's vote to award the provisional license. It shall be valid for a period no longer than one year, by which time the provisional licensee must have met the requirements set forth in 207 CMR 3.04(1). The provisional license shall expire upon the issuance of a final license or one year from the date of execution of the provisional license, whichever occurs first. (7) Within seven days of the issuance of the public statement regarding the approval or denial of license applications the issuing authority shall file copies of the following documents with the Commission: (a) The issuing authority statement prepared pursuant to 207 CMR 3.03(5); and (b) The provisional license, if one has been granted. (8) No provisional license or any rights thereunder shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, either directly, indirectly, or by transfer or assignment of control by any entity holding such provisional license. "Transfer or assignment of control" shall be defined in accordance with 207 CMR 4.00. (9) Actual construction of physical facilities for a cable system may not commence prior to the grant of a final license pursuant to 207 CMR 3.04. 3.04: Grant of Final License (1). A final license to construct and operate a cable system shall be granted by the issuing authority following substantial compliance with each of the following requirements: (a) The submission requirements contained in the application form prescribed by the Commission, pursuant to M.G.L. c. 166A, § 4; and (b) The requirements of M.G.L. c. 166A, 3, 4 and 5. (2) A final license shall contain terms substantially identical with the terms contained in the provisional license. Notwithstanding the foregoing, a final license may contain terms differing from those in the provisional license, if the issuing authority, in the public statement required by 207 CMR 3.04(4), sets forth in detail its reasons for accepting an alteration of those terms. (3) In the event the issuing authority finds that there has been a failure to comply with the provisions of 207 CMR 3.04(1), the issuing authority shall deny a final license to the provisional licensee and shall issue a written statement setting forth in detail the basis for such finding and denial. A copy of the statement shall be sent to the provisional licensee and to the Commission. (4) The issuing authority shall grant a final license to an approved applicant and shall issue a written public statement containing in detail the reasons for granting the approval, including, where applicable, the reasons for accepting an alteration of the terms of the provisional license. A copy of the statement shall be sent to the licensee. (5) Within seven days of the grant of a final license, the issuing authority shall file copies of the following documents with the Commission: (a) the final license; (b) the written statement issued pursuant to 207 CMR 3.04(4); and (c) the completed application form prescribed by the Commission pursuant to M.G.L. c. 166A, § 4. (6) If the issuing authority denies the final license, it may recommence the licensing process at any time. If this occurs within a reasonable time after the issuance of the public statement under 207 CMR 3.04(3), the issuing authority may request a waiver for an abbreviated licensing process in accordance with 207 CMR 2.04. 3.05: License Renewal Procedures (1) The renewal of a license to operate a cable television system shall be in accordance with the federal license renewal statute, 47 U.S.C. § 546.3.05, 3.06 and 3.09 shall supplement the federal license renewal statute. (2) All license renewal applicants shall complete the application form prescribed by the Commission pursuant to M.G.L. c. 166A, § 4. (3) No license renewal may be granted or denied without a prior public hearing with prior public notice pursuant to 207 CMR 2.02. fy~ t I , ; i ~l I_ - Ly~ Unresolved Issue. - - I Status of "Old" Sanborn Lane, r a private way with increased - - - _ _ _ , . I traffic. A hearing is recommended. Reconsider regulation _ - - _ - and side of street:' "No Stopping, Enter Standing, Dopot Crosswalk _ or Parking -m (exceptr residents) o~` No Sto in 7:30 AM to 8:30 AM, Z 7:30 A tp 8:30 AM, 1 and 2:30 Plato 3:30 PM c PP g, l and 2:30 PM to 3:30 PM a ° 'i ~ ' II r- I Monday through Friday, ` Monday thAgh Friday Standing, September 1 through June 30" September 1 through June 30, or Parking (Emergency Vehicles ,Exempt) 7:30 AM to 8:30 AM, r 1 I Crossing - and 2'30 PM to 3:30 PM Guard lI`. - - Monday through Friday, - \ September 1 through June 30 ` - { Additional) - Parking - Paved Access - ~StpEcizvt r A. Not Funded e - I { ; Funded Reconsider regulation: ~ F~ r•" L- ! 1 _ I~ "No Stopping, Do Not Enter _ I Standing, V~/OOD L I 7:30 AM to 8:30 AM, _ Y J' or Parking IE~VIENTARY - Ti and 2:30 PM to 3:30 PM 7:30 AM to 8:30 AM, SCHOOL W Monday through Friday, I and 2:30 PM to 3:30 PM I September 1 rough June 30, Monday through Friday, Paved Access - (Emergency Vehicles Exempt) - I Ptember 1 through June 30" Not Funded \ Q Fox Run Curbing - I_ - - Not Funded f~ !i No Stopping, ALI. - ` - J Unresolved Issue: Standing, 6 Status of Etnprson Street and the - or Parking _ T:30 AM to 8:30 AM, unaccepted ert of Dividence Road and 2:30 PM to 3:30 PM both are ritate ways with no Monday through Friday, _ New Sidewalk - traffic lks if ma ian e i N Construction - ti sidewalks ancrnay see increased and September 1 through June 30 _ i =~res€~p , - ; , f Funded Flashing Schoc 1 n p impacts. New Sidewalk 0 /7 i0 with Speed Boa -g - ' 1 Construction - r- It W _-Funded j z Funded j~ _ I - No - Stopping, Standing 1 Stopping, Standing r I - -1 or - or i ~l Parking - Parking Crosswalk and WOOD END SCHOOL Flashing School Sign Crossing Guard with Speed Board - PROPOSED PROJECTS Legend J_ . IJ Proposed Sidewalks by Priority t rots^.., l - Funded z 2 -Funded r 3 1 _ - --pNSiurce qtr- 4 Regulated Parking Zone fl il ra i% t I -h't r ? II v `V\ ' ° 1 /IWIV.- TURNING RADII FOR TRACTOR TRAILER TRUCK / BRA\_3E C-. STREET TREES (7vp ~ CAS SHUT- -_0 FF ti W Ljj 12. I, CA T CN sl 100.001 Q'RTSEI,qTRy-~a CWB IN,' ILIRATORS STOPS E )'x2 j 5. 4. 8'x22 WEXISTING GUTTER S88°5649 „E 29.18' CON S8IN ^64Q C E C ENC L LE der I h6 >z, 2, BACK-IN I ~ rv ❑ m BACK-IN BACK-IN + ,t FACE OF WALL ABOVE o SHOWN DOTTED 2A I ~ 1 I 9'x20' W'P- DRAIN a 0 o~ v W W 16, r 18. U 14, Q~ z Q k clu G~ Q~ k U,b