§ 300. Subscriber network.

300.(a). Company will maintain and, as necessary, upgrade the portion of the Cable System primarily designed to provide Cable Services to residential Subscribers so that it at all times complies with this Article III. At a minimum, the System must meet or have a design that provides a performance equal to or superior to a System with the following design.

300.(a).(1). The system is a fiber to the area node/fiber to the premises architecture.

300.(a).(2). The Cable System shall have a bandwidth capable of providing the equivalent of a typical 750 MHz Cable System. Recognizing that the City has limited authority under federal law to designate the technical method by which Company provides Cable Service, as of the Effective Date of this Franchise, Company provides its Cable Service utilizing two different methods. First, using a PON platform, the Company provides Cable Service to some Qualified Living Units by connecting fiber directly to the household ("FTTP"). Second, the Company provides Cable Service to some Qualified Living Units by deploying fiber further into the neighborhoods and using the existing copper infrastructure to increase broadband speeds ("FTTN"). Generally speaking, when Company deploys FTTN, households located within 4,000 cable feet of a remote terminal shall receive broadband speeds capable of providing Cable Service. In both the FTTP and FTTN footprint, a Living Unit receiving a minimum of 25 Mbps shall be capable of receiving Cable Service after Company performs certain network grooming and conditioning.

300.(a).(3). The Cable System will be two-way activated.

300.(a).(4). All power supplies external to the Qualified Living Unit will be inspected and replaced as necessary to provide reliable service; back-up power supplies will be provided as described in more detail below.

300.(b). System functionality.

300.(b).(1). [Reserved for purposes of numbering]

300.(b).(2). [Reserved for purposes of numbering]

300.(b).(3). As designed, upgraded and maintained, the Cable System must be able to deliver high quality signals that meet FCC technical quality standards.

300.(b).(4). [Reserved for purposes of numbering]

300.(b).(5). [Reserved for purposes of numbering]

300.(b).(6). The Cable System shall have protection against outages due to power failures, so that back-up power is available at a minimum for at least twenty-four (24) hours at each headend, and conforming to industry standards, but in no event rated for less than four (4) hours, at each power supply site. Such back-up equipment shall be constructed and maintained so as to cut in automatically upon failure of the commercial utility power; to revert automatically to a standby mode when alternating current power returns; and so that it complies with all utility and other safety regulations to prevent the alternate power supply from powering a "dead" utility line so as to prevent injury to any Person. Back-up power supplies will be monitored remotely to determine condition and when they have begun to operate due to loss of electrical power.

300.(b).(7). The System shall be capable of and shall deliver standard color and monochrome signals on all channels without noticeable picture degradation or visible evidence of color distortion or other forms of interference directly attributable to the performance of the Cable System; and without noticeable sound distortion. The Company shall use equipment generally used in high-quality reliable modern systems. This requires that equipment be installed at the headend to allow the Company to cablecast signals in substantially the form received, without substantial alteration or deterioration (for example, the headend should include equipment that will transmit color video signals received at the headend in color, and stereo signals in stereo). Equipment must be installed so that all closed captioning programming received by the Cable System shall include the closed caption signal so long as the closed caption signal is provided consistent with FCC standards.

300.(c). Company may use any transmission technology (as that term is defined in federal law), provided that the Cable System has characteristics that in all relevant respects meet or exceed the characteristics of the Cable System described by this Article III. By way of example and not limitation, the reference to a fiber to the node network does not prevent the provision of a fiber-to-the-home network.

300.(d). Company will deliver a substantially similar quantity and quality of video programming services to Subscribers in St. Paul as Company delivers within the Twin Cities area.

300.(e). [RESERVED FOR PURPOSES OF NUMBERING]

300.(f). Throughout the franchise term, the Company shall provide and maintain all equipment necessary and all capacity necessary to allow for an audio and visual override on all channels simultaneously for public emergency announcements in a manner consistent with the state's emergency service plan and federal requirements.

300.(g). System changes.

300.(g).(1). If the Company moves its headend or its operations, it will ensure that Subscribers are not adversely affected thereby in any respect.

300.(g).(2). If Company modifies its Cable System or its operations in a manner that has the effect of requiring modifications to public, educational and governmental ("PEG") use facilities and equipment, the Company will bear any cost required to ensure that there is no adverse effect on the City or those the City authorizes to use the facilities and equipment; or on the persons responsible for managing the PEG access channels on the Subscriber network. If for example, the Company moves its hub, and that relocation has the effect of requiring different or additional connections in order to maintain the quality and capability of links between the master control playback for the PEG channels and the Company's hub, the Company would provide such connections at its cost. Likewise, for example, if the Company changes the manner in which signals must be transmitted over the Cable System in order to be receivable by the Subscriber on the Subscriber's terminal equipment, the Company at its cost will provide such facilities and equipment as are necessary so the PEG use signals are useable at the terminal equipment.

300.(g).(3). Company will provide all Subscribers that receive only Basic service with a Set-Top Box or similar device that will allow them to receive the same channel numbers as Subscribers who receive Expanded basic service.

300.(h). Access channels.

300.(h).(1). No later than one hundred twenty (120) days following the effective date of this franchise, the Company shall make available for access programming purposes five channels on the Subscriber network for PEG access use by entities designated by the City of St. Paul, as follows: three channels for public access; one channel for government access; and one for educational access. The parties recognize that under Minnesota State law, Company is also required to provide one channel for regional PEG access, but Company is only required to provide this channel for so long as it is required under state law, and the regional channel does not count against the channels described above. The term "channel" refers to the capacity required to satisfy the Company's obligations under this section, and any requirements of state or federal law.

300.(h).(2). Company shall comply with one of the following two options for PEG channel carriage.

Option 1. The Company will not change the current channel positions of public (channels 14, 15, 19, and 20), government (channel 18), the regional channel (channel 6), or educational (channel 16) access channels delivered in standard definition format, unless new locations are mutually agreed upon by the Company and City or required by state or federal law. Other PEG signals will be grouped with other local broadcast channels; if local broadcast channels are grouped based in part on format, PEG and local broadcast channels carried in the same format will be grouped together. If it is not possible to group PEG and local broadcast channels together, PEG channels will be grouped in some other manner reasonably acceptable to City. Company shall assign each HD PEG channel a channel number near other HD local broadcast stations if such channel positions are not already taken, or if that is not possible, near HD news/public affairs programming channels if such channel positions are not already taken, or if not possible, as reasonably close as available channel numbering will allow.

Option 2. Company shall provide the City's government access channel in both HD and SD. The government access channel will be located on channel 234 and shall at all times be located in the channel neighborhood offering news/public affairs programming on Company's Cable System channel lineup. The government access channel shall have video and audio signal strength, signal quality, and functionality equivalent to the highest quality broadcast and commercial cable/satellite channels carried by the Company on its Cable System.

a.

Company shall carry the remaining four (4) public and educational channels (PE channels) on channel in its channel lineup as a means to provide ease of access by Subscribers to the group of PE channels placed consecutively on channel numbers significantly higher in the channel lineup. This use of one channel to access the group of four (4) PE channels required under this Franchise shall be referred to as a "Mosaic Channel." The Mosaic Channel shall display the group of PE channels on a single Channel screen and serve as a navigation tool for Subscribers. The Mosaic Channel shall allow Subscribers to navigate directly from Channel 25 to any of the four (4) PE channels requested in a single operation without any intermediate steps to a chosen PE channel in the group.

b.

Company shall use Channel 25 as a Mosaic Channel to access the PE Channels required under this Franchise. The group of four (4) consecutive PE channels residing at higher channel numbers will retain channel names and identity for marketing purposes, unless approved by the City. Company shall not include any other programming or channels on the City's PE Mosaic Channel unless the City provides advance written consent.

c.

When using the Mosaic Channel, Subscribers shall be directed to the requested PE channel in a high definition (HD) format if appropriate to the Subscriber's level of service; otherwise, the Subscriber shall be directed to the standard definition (SD) PE channel. The Mosaic Channel mechanism shall allow Subscribers to navigate directly from Channel 25 to the requested Access Channels which shall be located on Channel numbers 8314, 8315, 8316, and 8319.

d.

Company shall consult with the City (or City's designee) to determine the PE channel information displayed on the Mosaic Channel. However, the information shall have video and audio signal strength, signal quality, and functionality equivalent to the highest quality broadcast and commercial cable/satellite channels carried by the Company on its Cable System in a Mosaic format.

e.

The Mosaic Channel assigned for use by the City shall be used to navigate to the group of City PE channels and will be placed adjacent to other PEG Mosaic Channels.

f.

If through technology changes or innovation in the future, the Company discontinues the use of Mosaic presentations for other channels including broadcast and commercial cable/satellite channels (such as the News Mosaic, the Sports Mosaic, and/or the Children's Mosaic), then Company shall provide the PE channels to Subscribers at equivalent visual and audio quality and equivalent functionality as Company delivers the highest quality broadcast stations and highest quality commercial cable/satellite channels on its Cable System with no degradation.

300.(h).(3). The government access channels shall be administered solely by the City or its designee. The PEG use channels (other than the regional PEG use channel) shall be administered by an entity or entities designated by the City, or in such other manner as the City, in its sole discretion, determines. Where there is shared use of a channel, for PEG and non-PEG purposes, the Company shall administer non-PEG use of the channel.

300.(i). Access channel usage.

300.(i).(1). The City and the Company agree that the initial rules for use of the PEG access channels, facilities and equipment shall be the rules that were in effect as of January 1, 2014. The rules and procedures may be changed by the City, or by action of the Person responsible for managing a particular PEG channel (the "designated entity"). Provided, however, any rule for use shall be consistent with the requirements of Minnesota law, as the same existed on the effective date of this ordinance, and consistent with provisions of federal law prohibiting Company control of the editorial content of PEG channels. The Company shall be provided with a copy of any proposed amendments and a reasonable opportunity to comment on those amendments to the rules. The Company's approval of any amendment is not required and the Company is not responsible in any manner for the rules and procedures, or their application, except as state law requires that it be responsible for such rules.

300.(i).(2). All programming and/or information carried on the access channels, except for the leased access channels, shall be noncommercial in nature. As used herein, the term "noncommercial" shall mean that the programming and/or information carried on the access channels shall not include any advertising except such underwriting credits as may be allowed under the aforementioned access rules. No portion of any access channel other than the leased access channel shall be leased, transferred or otherwise assigned by the City and/or SPNN or other designated access Provider to any third party for any purpose without the Company's written consent.

300.(j). The Company, at its cost, shall provide the necessary devices and connections, and maintain and operate the system so that:

300.(j).(1). The City or the designated entities or Users of PEG use capacity (through the designated entity) may transmit signals in "real time" upstream from distant locations to master controls for any of the PEG channels. This obligation shall be satisfied by Company either purchasing for the City, free of charge and at no cost to the City, or reimbursing the City for, one (1) Comrex BRIC IP Audio codec (ACCESS 2 USB) device (exact make/model to be specified by the City but total cost not to exceed $15,000), or different system of equivalent capabilities as determined by the City. The City and Company shall mutually agree whether the devise should be purchased directly by the City or the Company based on the most cost effective alternative. The purchase of this item will allow the City to utilize a wireless solution to transmit programming to PEG playback centers equal to or of better quality than the PEG signals transmitted to Subscribers.

300.(j).(2). The City may transmit signals upstream from City Hall playback facilities to the headend, to the designated entities' respective master controls and to Subscribers, receive video signals from designated providers and transmit those signals to Subscribers and other Users. The Company shall also maintain and operate the System and provide necessary connections so that signals can be routed onto the appropriate PEG use channels and so that designated entities may, from their respective master control sites, receive signals from and transmit signals to the headend and through the Subscriber network on the appropriate channels. Designated entities must be able to control signals from distant locations and preview them before they are transmitted to Subscribers or other Users. The Company shall at all times provide a dedicated connection to the master playback controls for the PEG access channels with sufficient capacity so that each designated entity can program the channels under its control, and so that the full signals provided by the designated entity are picked up and delivered without deterioration or manipulation that may affect signal content or quality. In addition, the Company shall provide a connection with sufficient activated capacity so that the public access designated entities may program all the Subscriber network PEG channels for which they have playback responsibility simultaneously, and so the public access master playback control can preview signals originated elsewhere and route them onto the appropriate channels. The Company shall maintain and operate the System so that the City or its designated entities can take advantage of the capabilities of the System. The Company will, at City's request, provide and maintain, free of charge and at no cost to the City, connections so that PEG programming signals can be transported from origination points designated by the City to Subscribers. As of the effective date of this franchise, the origination points to be provided by Company are as follows:

i.

Government access programming - City Hall - 15 West Kellogg Boulevard; and

ii.

Public access programming - Designated Access Provider - 550 Vandalia Street, Unit 170, St. Paul, Minnesota 55114.

300.(j).(3). At such time that the City determines the need for additional programming origination sites at SPPS District Offices - 360 Colborne, 55102; and Saint Paul Central High -275 Lexington Parkway North, 55105, the City will give Company written notice detailing the point of origination and the capability sought by the City (i.e. the need to have the PEG programming feedback to City Hall or the Vandalia Street location). Grantee agrees to install and maintain such fiber connection to the designated origination site, free of charge and at no cost to the City, within a reasonable period of time taking into consideration weather and related technical issues.

300.(j).(4). In addition, Company shall at all times provide and maintain, free of charge, a drop to the Subscriber network, required set-top box and free Basic and Expanded Basic service to each Designated Access Provider location below to allow each Designated Access Provider the ability to view (live) the downstream PEG programming channels on Company's Cable System so the Designated Access Providers can monitor the PEG signals and make certain that PEG programming is being properly received (picture and sound) by Subscribers.

i.

Government access programming - City Hall - 15 West Kellogg Boulevard. City and Company agree that this location is a Qualified Living Unit.

ii.

Public access programming - Designated Access Provider - 550 Vandalia Street, Unit 170, St. Paul, Minnesota 55114. City and Company agree that this location is a Qualified Living Unit.

iii.

Educational access programming - SPPS District Offices - 360 Colborne, 55102

iv.

Educational access programming - Saint Paul Central High - 275 Lexington Parkway North, 55105

300.(j).(5). If the educational locations numbered 3 and 4 above are not designated as Qualified Living Units, Company shall provide each location with the functionality to monitor PEG signals through a mutually agreed upon to alternate technology at the expense and maintenance of the Company, free of charge to the City or the designated location/entity. At such time at the either location becomes a Qualified Living Unit, City shall have the right to mandate that Company provide a service drop consistent with locations 1 and 2 above.

300.(k). The Company shall further maintain and operate the System so that signals as received by Subscribers (whether originated at the master control or at distant locations) meet or exceed signal quality standards established by the FCC, or such other standards as may be required under other provisions of this franchise, but the Company is not responsible for signal quality problems that result from the failure of the City or an access User or designated entity to provide an adequate signal at the point the signal is delivered to the Company. Delivery is deemed to occur at the input of the modulator, cable modem, encoder or other device used to place a signal on the network so that it can be transmitted to the headend. The Company shall use components and provide maintenance services for PEG access channels and associated system equipment at least of the same quality as the components and maintenance services for other channels. The obligation to maintain and operate includes, but is not limited to, the obligation to provide connections and electronics, including temporary drops, and connections from the master control to the headend as required to accomplish the foregoing, including all necessary modulators and demodulators, cable modems, decoders, encoders or similar devices. The Cable System's electronics shall be capable of passing through the signals received at the Headend without substantial alteration or deterioration.

300.(l). Miscellaneous PEG requirements.

300.(l).(1). Company shall provide PEG access channels to Subscribers so that Subscribers may record, select and view PEG channels, and access or otherwise use other information provided with the signal in the same manner local broadcast channels and information provided with the broadcast channels can be recorded, selected, viewed and used. From a Subscriber viewpoint, there should be no difference between PEG and local broadcast channels (other than differences that are a result of the signal delivered to Company or as specifically provided in this agreement). Access channels and connections shall be provided so that designated entities may deliver, and Subscribers may receive, PEG signals equivalent in quality to local broadcast signals carried on the System, in the same formats as the primary local broadcast signals are delivered, subject to the provisions herein, and unless City directs otherwise.

300.(l).(2). While the parties recognize that while the primary signals of local broadcast stations are simulcast in standard definition (SD) and high definition (HD) formats, the Company's obligation with respect to carriage of PEG in HD and SD formats shall be as follows:

i.

Company agrees to carry any all Access Channels in HD provided the entity originating the signal provides the Company an HD signal. Further, Company will downconvert any such signal to an SD format so that customers who choose not to subscribe to an HD package may receive said signal in an SD format.

ii.

Company is not required to convert a signal delivered in a lower quality format to a higher quality format. Designated entities have no obligation to provide a signal to the Company in a digital format.

iii.

All PEG access channels must be receivable by Subscribers without special expense in addition to the expense paid to receive commercial services the Subscriber receives. City acknowledges that HD programming may require the viewer to have special viewer equipment (such as an HDTV and an HD-capable digital device/receiver), but any Subscriber who can view an HD signal delivered via the Cable system at a receiver shall also be able to view the HD PEG channels at that receiver, without additional charges or equipment. By agreeing to make PEG available in HD format, Company is not agreeing to provide free HD equipment to customers including complimentary municipal and educational accounts, nor to modify its equipment or pricing policies in any manner. City acknowledges that not every customer may be able to view HD PEG programming (for example, because they do not have an HDTV in their home or have chosen not to take an HD-capable receiving device from Company or other equipment provider) or on every television in the home.

300.(l).(3). The Company, upon request of a designated entity, will provide technical assistance or diagnostic services to determine whether or not the problem with the PEG signals is the result of matters for which the Company is responsible, and if so the Company will take prompt corrective actions.

300.(l).(4). The Company will provide any PEG access channels on the Basic Service tier throughout the life of the franchise, or if there is no basic tier, shall provide the PEG access channels to any Person who subscribes to any level of cable video programming service, and otherwise in accordance with federal and state law. To the extent technically feasible, Company shall, upon request from the City, provide City with quarterly viewership numbers for each of the PEG channels carried on Company's Cable System.

i.

Company shall facilitate carriage of PEG channels on its interactive channel guide, at no cost to the City or Designated Access Providers, provided that the City shall hold Company harmless should the City or PEG providers fail to provide correct or timely information to the interactive guide programmers. Company will make available to the City the ability to place detailed scheduled Access Channel programming information on the interactive channel guide by putting the City in contact with the electronic programing guide vendor ("EPG provider") that provides the guide service (currently Gracenote). Company will be responsible for providing the designations and instructions necessary to ensure the Access Channels will appear on the programming guide throughout the City and any necessary headend costs associated therewith. The City shall be responsible for providing programming information to the EPG provider

ii.

In addition, in the event Company provides Cable Service to a minimum of thirty percent (30%) of the total number of Cable Service Subscribers in the City served by all franchised cable operators in the City, then Company shall facilitate carriage of PEG channels "program listings" on its interactive Programming guide, at no cost to the City or Designated Access Providers, provided that the City shall hold Company harmless should the City or PEG providers fail to provide correct or timely information to the interactive guide programmers.

iii.

If channels are selected through menu systems, the PEG access channels shall be displayed in the same manner as other channels, and with equivalent information regarding the programming on the channel. To the extent that any menu system is controlled by a third party, Company shall ensure that the Company will provide PEG listings on that menu system, if it is provided with the programming information by a designated entity.

300.(l).(5). The Company shall not charge for use of the PEG access channels, equipment, facilities or services.

(Ord 15-55, § 1, 11-12-15)