§ 305. Free drops to subscriber network.

305.(a). As part of its support for PEG use of the system, the Company shall provide a free drop to the Subscriber network and free Basic and Expanded Basic service to each public and private school, public library branch, police and fire station, community center and public building that requests a drop in writing, and to such other public institutions as the City may reasonably request from time to time provided such location is a Qualified Living Unit and not currently receiving service from another provider. However, City may determine to disconnect the other cable provider and require Company to meet the free service obligation, as determined in City's sole discretion.

305.(b). The Company is only required to provide a single free drop to the Subscriber network, to a single outlet at a point within the location selected by that location. However, the location may extend the drop to multiple outlets and receive free Basic and Expanded Basic service at each outlet so long as such extension does not result in any violations of leakage standards which the Company is obligated to meet. A location that wishes to install multiple outlets may do so itself, or may contract with the Company to do so. Company shall provide up to three (3) additional devices to each new location free of charge so that the services can be received and individually tuned by each receiver connected to the drop at a location. If a User physically moves locations, such User may move existing devices to the new locations with a free drop, and the moved device will not count against the three additional devices. Company will replace and maintain devices it provides or that it had provided as necessary so that locations may continue to view the free services the company is required to provide. Provided such location is a Qualified Living Unit and not currently receiving service from another provider. However, City may determine to disconnect the other cable provider and require Company to meet the free service obligation, as determined in City's sole discretion.

305.(c). Outlets of Basic and Expanded Basic Service provided in accordance with this Section 305 may be used to distribute Cable Services throughout such buildings; provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes. Company agrees that is any broadband service is required in order to receive the free service obligation set forth in this Section 305, Company will provide such broadband service free of charge for the sole purpose of facilitating the provision free cable service required by Section 305. Company agrees that it will not offset, deduct or reduce its payment of past, present or future Franchise Fees required as a result of its obligation to connections or services to public facilities.

305.(d). CityLink Proposal

305.(d).(1). As part of Company's commitment to provide complimentary Cable Services to the City under this Franchise, the Company agrees, on or before February 1, 2016 to provide the City with each of the following connections, services and equipment free of charge and at no cost to the City.

i.

The City Hall (City Hall - 15 West Kellogg Boulevard ) and the City Hall Annex (25 West Fourth Street) shall be maintained as Qualified Living Units by the Company, or Company's affiliates, for the duration of the Franchise.

ii.

The Company, or Company's affiliates, shall provide downstream connections and Basic and Expanded Basic service (or its future equivalents) to accommodate a total of seventy-five (75) television receivers in the City Hall and City Hall Annex (hereinafter "CityLink Connections").

iii.

The exact location of the CityLink Connections within City Hall and the City Hall Annex shall be determined by the City.

iv.

Company shall provide all required set-top boxes or other required receivers (75 in total) and any necessary internal wiring or related internal or external facilities and equipment to accommodate the CityLink Connections.

v.

Company agrees that if any broadband service is required in order to receive the CityLink Connections, Company will provide such broadband service free of charge for the sole purpose of facilitating the provision of the CityLink Connections.

vi.

Company agrees that it will not offset, deduct or reduce its payment of past, present or future Franchise Fees or PEG Fes required under this Franchise as a result of its obligation to provide the CityLink Connections.

305.(d).(2) In return for Company's commitment to meet the obligations of this Section 305 (d), the City shall relieve Company of the obligation to meet the requirements of Section 305 (a), (b) and (c) of this Section. However, when 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 the City shall have the right to enforce the requirements of Section 305 (a), (b) and (c) against Company in an equitable manner as determined in City's sole discretion.

(Ord 15-55, § 1, 11-12-15)