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Home My WebLink AboutOrdinance 10193., s '1 k~ .rte ./. _l. F' '~'^ t- l ~ .l'~~ f'. T ^'~ 4~ ~~ ~; ORDINANCE N0. AN ORDINANCE AMENDING ORDINANCE N0. 8291 WHICH GRANTED A FRANCHISE TO SAMMONS OF FORT WORTH, ITS SUCCESSORS OR ASSIGNS, TO OWN, OPERATE AND MAINTAIN A CABLE COMMUNICA- TION SYSTEM IN FORT WORTH, TEXAS; AND FURTHER PROVIDING THAT WHEN ACCEPTED IN WRITING BY SAMMONS OF FORT WORTH THE PROVISIONS OF THIS ORDINANCE SHALL CONSTITUTE AMENDMENTS TO CITY SECRETARY CONTRACT N0. 11863, THE FRANCHISE AGREE- MENT BETWEEN THE CITY OF FORT WORTH AND SAMMONS OF FORT WORTH. WHEREAS, on March 17, 1981 the City of Fort Worth, Texas (herein called "City"), awarded a franchise to Sammons of Fort Worth, a Texas general `partnership (herein called "Company"), by Ordinance No. 8291 (hereinafter "Franchise Ordinance") to own, operate and maintain a cable communications system in Fort Worth, Texas; and WHEREAS, on August 11, 1981, the City and Company entered into a Franchise Agreement by City Secretary Contract No. 11863 (herein- after "Franchise Agreement") which set forth additional terms and conditions of the franchise awarded by Ordinance No. 8291; and WHEREAS, on June 28, 1988, the City Council by Resolution informed Company that it was out of compliance with certain terms and conditions of its franchise; and WHEREAS, the City and Company subsequently entered into negoti- ations to resolve disputes with regard to Company's performance under its franchise; and WHEREAS, the City and Company have reached an agreement with regard to the disputed issues, and on September 13, 1988, the City Council approved that agreement in principle by resolution; and + 5, d~ ~ ~r ...- -~+~I r ~ ~ ~F# .4 ~ ~. y;, r~ t_ ww rI WHEREAS, the City and Company wish to amend Company's franchise to reflect their agreement with respect to the disputed issues be- tween them; and WHEREAS, the City and Company have agreed that the amendments to the Franchise Ordinance, Franchise Agreement, and Company's Proposal for Cable Television Franchise shall be accomplished through adoption of this ordinance by the City Council and written acceptance of the provisions thereof by Sammons, which ordinance and acceptance shall constitute an amendment of the Franchise Ordinance, Franchise Agreement, and Proposal as herein provided; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That Ordinance No. 8291 (the "Franchise Ordinance) be and is hereby amended as follows: SECTION 1. CONFLICTS If there is any conflict between the terms of the present ordi- nance and the Franchise Ordinance, Franchise Agreement or Company's Proposal for Cable Television Franchise (hereinafter "Proposal") incorporated into the Franchise Agreement, the terms of this ordi- nance shall take precedence. For purposes hereof, the Franchise Ordinance, Franchise Agreement, and Proposal shall be collectively called the "Franchise." SECTION 2. TERM By the terms of the Franchise Ordinance and Franchise Agree- ment, Company's franchise is to expire fifteen (15) years from its -2- ~. ~;, _- ,rte ,. ~, r ~: ,,,. ... effective date of August 11, 1981, or August 11, 1996. By this ordi- nance, Company's franchise is extended for an additional ten (10) year term, until August 11, 2006. SECTION 3. PERFORMANCE REVISIONS Notwithstanding any provision to the contrary in the Franchise, Company will be relieved of the following Franchise obligations for the entire remaining term of the Franchise including the ten (10) year extension: a. Dual Cable. Company is released from the obligation of the Franchise to construct a dual subscriber cable in any new con- struction of the cable system and in any existing construction that does not now include a second subscriber cable. Provided, however, that if the existing second subscriber cable is acti- vated pursuant to the procedures of Section 5 of the Franchise Agreement, Company shall, within one (1) year of such activa- tion of the existing second subscriber cable, complete and activate a second subscriber cable in all areas of the City. b. Downtown Construction. Company will not be required to extend subscriber service in the Downtown area [that area of the City bounded on the north by West Belknap Street, on the east by Jones Street, on the south by Lancaster Street, and on the west by Florence Street] beyond the current existing network within that area; except that Company shall be required to extend service to any area within the Downtown area which meets the line extension requirements contained in Article II, Subsec- -3- ~ ~. ~ .T r^ ~ t ~ µ. ~ - ~~ ~ ~ ~ y • .a 4. ~~'a w ~~_ ~ ~ tt s. ~;~. ~ ~h tion 3.(6) of the Franchise Ordinance, and Company shall pro- vide standard installation, as defined in the Franchise Ordinance, to any location from the currently existing cable in the Downtown area. c. Escrow Fund. Company is released from the obligation set forth in Section 15 of the Franchise Agreement to establish and main- tain an escrow fund in connection with the use of City poles and fixtures. d. Local Programming Obligations. Company is released from the obligations set forth in the following provisions of the Franchise Agreement (and the parallel provisions of the Proposal): 4.f. (security service system); 4.h. (local origination studio); 4.i. & k. (mobile vans); 4.j. (central access studio); 4.1. (satellite access centers); 4.m. (status monitoring); 9. (equipment, minimum programming, mobile vans, access regulations); 10. (access centers, grants, channels except as provided in Subsection 4.f. of this ordinance below); 11. (access equipment maintenance); 16. (production support). Company is also released from the obligations contained in the Proposal to provide staffing and internships for local programming functions except as provided in Subsection 4.e. of this ordinance below (playback and master control functions). The purpose of this Section 3.d of this Ordinance is to relieve the Company of any and all of the obligations in the Franchise -4- ~;, ~ , ,~.,~ %r .[ ;y 1 . ,, ~.. ~, ~ ~ . ~;~ 5 is `~ relating to the items listed herein except those specifically set forth in Section 4 of this ordinance. e. Interactive Services. Company is released from the obligation set forth in the Franchise to provide the interactive data services on the subscriber network included in that tier of services designated as Tier IV. SECTION 4. SUPPORT FOR CITY'S PRODUCTION OF LOCAL PROGRAMMING Company will provide the following funds to be used by City to produce and provide local programming on the municipal and community access channels, and to aid in the production of programming for the educational and religious access channels: a. Any monies in the City's possession that Company has paid to the City pursuant to Section 10 of the Franchise Agreement and any interest accumulated thereon shall be available for use by the City for any use in connection with the production and provision of local programming, including equipment, capital expenditures and operating funds, or in connection with the institutional network pilot project described in Section 6 of this ordinance. b. To enable the City to obtain and equip a community access studio, Company shall provide to City the sum of One Million Dollars ($1,000,000) in two equal payments of Five Hundred Thousand Dollars ($500,000), the first payment to be made before October 31, 1988, and the second before October 1, 1991, in a form acceptable to the City Attorney and the City Treasurer. -5- .~ c. To enable the City to take over the local programming obliga- tions from which this ordinance releases Company, Company shall pay to the City each month, beginning in December, 1988, for the month of November 1988, and each month thereafter on or before the 25th day of said month, a payment equal to One Dollar ($1.00) for each subscriber of the Company within the city limits. Such $1.00 charge shall be set out as a separate line item on the subscriber's bill and shall not be deemed a payment for basic service, but a pass-through of an access and government programming fee. Subject to the provisions of Section 5.b of this ordinance, this monthly payment shall con- tinue through the term of the Franchise and extension thereof. Such One Dollar ($1.00) charge shall not be part of revenue for purposes of calculating the franchise fee. d. In support of the City's community access program, Company shall by October 31, 1988, provide to the City the equipment listed in Exhibit "A" attached hereto and incorporated herein by this reference. e. Company shall continue to provide central playback and master control services for municipal, community, religious and educa- tional access programs throughout the term of the Franchise and extension thereof. City shall be responsible for scheduling and delivering such programming to Company. Company shall provide by December 31, 1988, the capability to play back Super VHS format tapes in addition to its present playback capability. -6- ~, _ ~;, `{, ,t, f. Company shall provide the following access channels for access purposes throughout the term of the Franchise and extension thereof: i. Channel ii. Channel iii. Channel iv. Channel v. Channel 5 11 44 45 50 (municipal access; (educational access); (religious access); (community access); (educational access). g. At such time as City's central access studio is completed, Company shall provide to that facility an upstream/return cable. SECTION 5. CITY'S PROGRAMMING OBLIGATIONS City shall produce and provide programming as follows: a. On the access channels under its control (Channels 5 and 45), taken together, City shall produce the amount of original, non-repeat, non-character generated video programming specified below: i. Year 1 (October 1, 1988, to October 1, 1989): 1st quarter: 40 hours 2nd quarter: 60 hours 3rd quarter: 90 hours 4th quarter: 120 hours ii. Year 2: 150 hours per quarter iii. Year 3 and subsequent years: 210 hours per quarter. b. City shall keep a programming log which shall be available for inspection by Company, and if City fails to meet its program production quota for any quarter, Company may reduce the pay- ment due the City under Subsection 4.c. of this ordinance for each month of the following quarter by a percentage equal to the percentage that the City has fallen below the programming quota for the previous quarter. -7- d ~ :1. 1vli ~~{ ~ /: 4~T The funds provided by Company to City pursuant to Subsec- tion 4.b. of this ordinance shall be used only for the con- struction and equipping of a community access studio located at the Fort Worth Central Library. No programming produced in the studio or cablecast on the access channels shall be supported by paid advertising. The studio shall not be used by commercial producers for commercial production. Any proceeds that the City receives from the use of the studio by any third party or pro- ceeds from programming produced by the City shall be placed in a special enterprise fund set aside solely for the support of community access programming. SECTION 6. INSTITUTIONAL NETWORK City and Company shall cooperate to activate and evaluate the Institutional Network provided for in the .Franchise as follows: a. City and Company shall conduct a pilot/demonstration project to determine the utility of the Institutional Network installed by Company as part of its original construction of the cable sys- tem in compliance with Section 4.c. of the Franchise Agreement and the Proposal. The pilot/demonstration project shall be carried out as specified in Exhibit "B", attached hereto and incorporated herein by this reference. b. The pilot/demonstration project of the Institutional Network shall continue for a period of six (6) months from the date that each of the test procedures described in Exhibit "B", Schedule 1, is successfully passed. -8- J b. +' c. At the conclusion of the pilot/demonstration project, the City and Company will evaluate the project and review the feasi- bility of continued use of the institutional network by the City. SECTION 7. CONSTRUCTION BOND The City shall release the construction bond posted by Company upon adoption of this ordinance and written acceptance of the provi- sions thereof by Company. SECTION 8. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 9. EFFECTIVE DATE AND ACCEPTANCE OF PROVISIONS Upon adoption of this ordinance and acceptance in writing by Company of the provisions hereof, Company and City shall be bound thereby and the same shall constitute amendments to the Franchise Ordinance, Franchise Agreement, and Proposal. Within fifteen (15) days from adoption of this ordinance, Company shall file with the City Secretary an unconditional written acceptance of the provisions hereof and shall agree to comply with and be bound by the provisions of this ordinance. No documents other than this ordinance and Company's written acceptance shall be required to amend the Franchise Ordinance, Franchise Agreement, and Proposal, as herein -9- ~~ ~ il 4 ~ ' ~ ~ r _ ~~~ ~ provided. Except as hereby amended, the provisions of the Franchise Ordinance, Franchise Agreement, and Proposal shall remain unchanged. Adopted by the City Council of the City of Fort Worth, Texas, on the ~~ day of ~ ~ ~ ~ C' r- , 19$8. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : I ~ ' ~ ~ ~ ~ ADOPTED: c ~ - 2-S - g g EFFECTIVE: 1 ~ -~ S ~ ACCEPTANCE The Company hereby accepts and agrees to be bound by all of the terms and conditions of the above ordinance. Nothing herein shall be deemed a waiver of Company's statutory or constitutional rights. SAMMONS OF FORT WORTH o~= Fo,2r ti,c~n.rN, rN~ By: ~-.-~ ~-,~~ ~12. VGC.L Oi2~Sr peter Title Date: ~c~u~-w z~ 1988 -10- .; ,<<: SCR ST EXHIBI'T' EQUIPMENT TO BEEP STUDIO CONTROL ROOM STUDIO ~,~ , ;! ' . ~' y. REV 10/14/88 1 VIDEOTER VIDEO DA VDA-100A SCR 1 VIDEOTEK AUDIO DA ADA-100A " 1 VIDEOTEK PULSE DA PDA-105 " 2 10 OUTPUT POWER STRIP " 1 6 OUTFUT POWER STRIP " 4 RTS SYSTEM INTERCOM USER STAT. 74829 68807 BP-600 ST 74830 74828 2 SCR 6 TELEX INTERCOM HEADSET CS-83 63300-002 ST,SCR 1 REALISTIC STEREO HEADSET NOVA 10 SCR 3 4 OUTPUT POWER STRIP SCR 1 VIDEOTEK 22" COLOR TV RM-19B 1083116B-P ST 1 SET PORTA PATTERN CHARTS ST 2 ATLAS SOUND MIC TRIPODS L-2 1169-C ST 1 GE LIGHT METER 213 ST 3 ITE CAMERA TRIPOD DOLLIES ITE-05 363 ST 737 792 3 ITE CAMERA TRIPOD ITE-12 951 1053 " 310 3 OCONNER FLUID HEADS 6 " HANDLES 3 JVC 3 TUBE COLOR CAMERAS MODO-50 ~~ KY-1900 17652459 16652074 16652115 " ~. ~ 9 J ~ /1r fL 1 JVC REMOTE ZOOM HANDLE 440726 1 JVC REMOTE ZOOM SERVO HZ-5200 91364 3 JVC 4" B/W CAMERAMOUNT VIEWFINDER VF-2500 BV 12662566 12652540 12652507 3 FUJINON MANUEL FOCUS UNITS 1 REALISTIC 8" SPEAKER 2 REALISTIC 4X10 " 3 ELECTRO CONDENSER MILS MCA-lA ~~ SCR C090-L02 8842 ST 8829 8323 8 COMPREHENSIVE REMOTE CONTROL LIGHT " DIMMER UNITS DBP-A6 B-142 1649,1652 1651,1603 1605,1608 " 1604,1650 1 SONY 13" COLOR MONITOR PVM-1220 010941 SCR 1 MICROTIME TBC T-120 1 VIDEOTEK AUDIO MONITOR APM-2R 11814 78 " 1 FM VOLUMAX AUDIO UNIT 4100 50-04 20 1 ISI VIDEO BRIDGING SWITCHE R 982 3 JVC RCU'S RS-1900 1 VIDEOTEK VECTORSCOPE VSM-5A V7831648 " 1 WAVEFORM TSM-5A B9832939 2 8°f COLOR MONITOR RM-84 483088-P 382099-P 1 JVC 5" COLOR MONITOR T M-44AU 12605097 " 1 PANASONIC SPECIAL EFX GEN. WJ-5500A 17A05044 1 3M VIDEO BRIDGING SWITCHE R 1 RTS INTERCOM MONITOR AMP 410 68238 1 PANASONIC 6 CHANNEL AUDIO MIXER WR -450 IZ009 ST , . r? , w?= .' - r . ;~ ~ :.~: 1 QUANTAFONT GRAPHICS GEN. 67BP-ENNT-12060 7985 SCR MOM-2-12060 2850 1 SONY 3/4 DECK VO-5850 11941 1 SONY 3/4 DECK VO-5800 15258 1 SONY 3/4 DECK VO-5850 12637 1 REALISTIC CA55ETT DECK SCT-24A 30216356 " 1 SONY EDIT CONTROLLER RM-440 13784 1 RTS POWER SUPPLY UNIT P68 74248 2 SONY 8" COLOR MON PVM-8200M 501827 " 501830 2 PANASONIC TRIPLE SET B/W MON WV-5203B 1YZ03141 912443 ALL LIGHTS IN THE STUDIO ARE REQUESTED INCLUDING C-CLAMPS, GELS AND COOKIES. 2 8'LADDERS TYPE 1-A " 1 10' TRIPLE OUTLET POWER CORD 9 POWER CORDS IN LIGHT GRID 2 POWER EXTENSION BOXES IN GRID 7 50' AUDIO CABLES FOR MICE THE CITY OF FORT WORTH WILL REQUEST $OTH THE PRODUCTION TRUCK AND THE SMALL VAN ALONG WITH THE EQUIPMENT STATED ON PAGES 8-13 OF THE ACCESS EQUIPMENT INVENTORY LIST. THE CITY OF FORT WORTH WILL REQUEST THE EQUIPMENT LOCATED IN THE ENGINEERING DEPT. ON PAGES 14-21 BUT NOT PAGES 22 & 23 THE CITY OF FORT WORTH WILL REQUEST THE EQUIPMENT LOCATED IN THE ACCESS AREA AND FOUND ON PAGES 25-29 OF THE ACCESS INVENTORY LIST 1 PANASONIC EDITING CONTROL NV-A960 0199784 EDITING 1 PANASONIC 3/4" EDITOR/RECORDER AV-7000 A1HA60030 " 1 QUANTAFONT MICROGEN CHARACTER GENERATOR SERIAL ~6 OMO1-ENMC 12060-425 ~~ , ,~~ ,,. a ;.~ - E .,, SCHEDULE 1 Fort Worth Institutional Network Forward System Performance Test Procedures Test Procedure ~~l---Frequency Response Test (Forward Test) Equipment Required Sweep Generator---Wavetek Model 1855B or equivalent (Headend) Sweep Receiver----Wavetek Model 1865B or equivalent (Test Location) Test Procedure (Reference Figure A1) Install the sweep generator at the headend common feed point and the sweep receisrer at the end of the line test point Sweep generator should be set to operate at the level of 55 dBmV +/- 5db at the feed point Sweep frequency range should be 174-440 MHz Photograph sweep trace Acceptance Criteria o Response over the passband +/- 3dB o Single-channel response +/- 1.5 dB Record test results on data sheet ~- __ „0. ~'+---w+~_x ~~ --- ..~ ~~~nf'.~°'~i (~.yz~f"4`•'CJ' 'hi ~i~t. }a~E1.f »~--. __ ~..~+.P--~+r-~-~ ' . y,..;r'Y'_.r.._..r^r ..9._T. "-:N- _- !d P~~ '~„wa,~ya ~. ~ .- - ...d _,.~_a:....r~' »-. v R,y - gyn. ~ .y .. +S ._ x ~ TEST PROCEDURE #1 FREGlUENGY RESPONSE HEflDEND SWEEP ~~.. GENERATOR RANGE 174°440 C1Hz l.EVE~ rSySdBm`7 -~,/- 5db FIGURE ill TEST POINT (SWEEP RECEIVER ~- 4 a ~ ~ ~ Y: ~ n _ r, ~ ., 4 w ~. y,~, .. _ Test Fr®c.edure #2---Systeta Signal Ingress, Duna, Cmrrser-t®-Noise (Forward Tests) Equipment Required: System Analyzer---Wavetek Model 1880, SAM I, SAM II or equivalent Spectrum Analyzer--Hewlett-Packard 8558 or equivalent Video Modulator--Channel HH Test Procedure- (Reference Figure A2) 1 Forward System Signal Tngress---At the headend install modulator, adjust signal level to the feed point at +55 dBmV +/ - ~5db At the test point, adjust spectrum analyzer for maximum sensitivity Acceptance Criteria Analyze all signals in the spectrum from 174-440 MHz All ingress signals should be at least 52 dB below the level of the Channel HH reference carrier Record data 2 Forward Hum Modulation--Measure the hum modulation on Channel HH at the test paint using the procedure specified in the System Analyzer User Guide Record results on data sheets Acceptance Criteria Hum shall be = < 1 5% (-36db) 3 Forward Carrier-to-Noise--At the test point, measure the carrier-to-noise of the Channel HH signal utilizing the procedure specified in the System Analyzer User Guide Record measurement on data sheets. Acceptance Criteria Carrier-to-noise shall be = > 45 dB over 4MHz bandwidth - 5 - a r~, r~ a;. r° ~_ , .. r~ . ~ti te 2071d1531 - 6 - N Q W Q C7 M ,.,, yet .,, _ ~ r Test Procedure #3 -- Forward Signal Level Equipment Required: Video Modulator -- Channel HI3 Signal Level Meter -- SAMIII or equivalent Test Procedure: (Reference Figure A3) 1. With the Channel FiH modu_laitor installed at headend point as per Test #2 (~5d'n~V ~;~%:,-.,~cib measure the signal output at the test point :"~~ ` ss Acceptance Criteria: o Signal level at the test point is 10 dBmV +/-S dB. TEST PROCEDURE #3- EROEMO MODULRTOR~ ' CHANNEL HH LEVEL ~~` dBMV ~/-5db 5'S ~ FIGURE A-3 ~~ ~r h ~ ~,.. r,_ SIGNAL LEVEL SIGNAL LEVEL METER -7_ w ~ .y ~ r Fort Worth Institutional Aietwor)c Return System Perforalance Test Procedures Test Procedure ~4 --- Frequency Response Test (Return Test ) Equipment Required: Sweep Generator -- Wavetek Model 1855B or equivalent (Test location) Sweep Receiver -- Wavetek Model 186SB or equivalent (Headend) Test Procedure: (Reference Figure A~) Install the sweep generator at the end of line point. Sweep_gerlerator should be set to operate at the levelo~ 55dBmv +/- Sdb"~'ht the feed point. Sweep frequency range ~~v=s-n-ou=~e~be-5-10'8 MHz. Photograph sweep trace. Acceptance criteria: o Response over the passband +/- 3 dB. o Single-channel response +/- 1.5 dB. . Record test results on data sheet. TEST PROCEDURE #4 HERDEND SWEEP RECEIVER FREQUENCY RESPONSE ENO OF LINE SWEEP CENERRTOR RfINGE 5-108 hlHa FIGURE R4 - 8 - .~ ~~~ r1 ~ yfti I' w~ ~~ ~J _~. 4 .. r,~ Test Procedure #5 -- System Signal Ingress, Hum, Carrier-to- Noise (Return Tests) Equipment Required: System Analyzer -- Wavetek Model 1880 Spectrum Analyzer -- Tektronix 7L12 or equivalent Video Modulator -- Channel 4' Test Procedure: (Reference Figure A5) 1. Return System Signal Ingress -- At the end of line, install modulator, adjust signal level to the test point so that the level at the first amplifier input is 18 d BmV . At the headend, adjust spectrum analyzer for maximum sensitivity. Acceptance Criteria: Analyze all signals in the spectrum from 5-108 MHz. All signals should be at least 52 dB below the level of the Channel 4' reference carrier. Record data. 2. Return Hum Modulation -- Measure the hum modulation on Channel 4' at the test point using the procedure specified in the 1880 User Guide. Record results on data sheets. Acceptance Criteria: Hum shall be < 1.5$ 3. Return Carrier-to-Noise -- Measure the carrier-to-noise of the Channel 4' signal at the headend utilizing the procedure specified in the 1880 User Guide. Record measurement on data sheets. Acceptance Criteria: Carrier-to-noise shall be = > 45 dH - g '^•, ,:; a. t ~~ ~ ~ %. , ~ h, gab u- ~ +w ~~ :~ i. W v / L/) O O w i z ~ I- c~ cc o Z J I- H ~ _I O W Z ~ ~ H (11 2 0 ~ I I I Q w ~ w N T ~ w > J H ( ) ~ w __ ~ z ¢ ~ w ~ ? ~ LL ~ ~ w a. ~ w u' 3 ~ N (n I V 1 W I~ n z w 0 Q w x 10 •- ~'- Q J W Z Z Q r U _y 4. ~ {~ w ` H l.~ r`;~: , " r~x t~ r r~ ~~ ~~Si ~ '~~, ~° 1' ~ .,emu ~ Test Procedure $6 -- Reverse Signal Level Equipment Required: Video Modulator -- Channel 4' Signal Level Meter ~-® SAMIII or equivalent Test Procedure: (Reference Figure A6I 1, With the Channel 4' modulator installed at the test point as per Test #5o measure the signal input at the first amplifier and at the headend, Acceptance Criteria: o Signal input to first amplifier shall be within +/-3 d8 of design level, o Measure signal level at the headend return point 10 dBmV +/-5 dB. TEST PROCEDURE #6 SIGNAL LLVEL COMMON POINT 10d8 t 5dB NERDENO FIRST AMPLIFIER TE5T POINT ±3 dB DE5IGN LEVEL _,~'i -~- IMODULRTORI CHANNEL ~f' FIGURE A6 - 11 - ., ,~. ;v a.•. ~,~~: EXHIBIT B: I'-NET PILOT PROJECT SCHEDULE 1. Activation: Within sixty (60) days of the effective date of the foregoing Ordinance, Company shall activate institutional net- work lines to the following locations: a. 1000 Throckmorton Street (I.S.S. and Public Safety Building)' b. 1000 Calvert Street c. 1800 University d. 3409 Harley Street e. 1000 Cherry Street f. 350 Belknap g. City and Company will also cooperate to find a loca- tion to carry out a point to multi-system data demon- stration. 2. Performance Test: Within thirty (30) days after the date of activation of the institutional network, the network will success- fully pass the institutional performance test attached hereto as Schedule 1. 3. Equipment: a. Company will provide drop cable from institutional network to utility closet or interface of each loca- tion listed above. Company will also provide head-end video equipment required for pilot projects. b. City will provide all internal wiring and terminal equipment at project locations, and will provide head-end data equipment required for pilot projects. .. ~ J ~l 1. ~ ~: c. Company will install head-end data equipment provided by City, and will be present and advise with regard to installation of City's terminal equipment. 4. Maintenance: The maintenance of the activated institutional network system shall be the joint responsibility of City and Company. City will respond initially to all system malfunctions or outages and will diagnose the problem. If the problem is isolated to the Company's system, City will notify Company. Upon receipt of notification from the City, Company will respond as necessary within a maximum of eight hours from ~ the receipt of the call. The service will be provided by Company 24 hours a day, seven days a week. City will maintain the modem and user interface equipment and Company will maintain all aspects of Company's systems. The activated insti- tutional network shall be operated so as to meet at all times the specifications of the performance test procedures referenced in Paragraph 2 above. 5. Cooperation: City and Company will each designate an indi- vidual and back-up individual who shall be primarily responsible for communications related to the pilot project and who will be avail- able for consultation during business hours, and, on an emergency basis, during non-business hours, from the effective date of the Amendment to the conclusion of the pilot project. 6. Duration: The pilot project for the Institutional Network shall continue for a period of six months from the date that each of the test procedures described in Schedule 1 attached hereto is successfully passed. -2- `~ '~ w y - SCH~D'U'L~-- 1 f;, Fort WorthP Texas Institutional ~tetwork Verification Tests Introduction The Verification Tests for the Institutional Network include a series of measurements to test the performance of the forward and reverse communication paths of the Institutional Network. The object of the tests is to demonstrate that the network performs to minimum standards established to meet the City°s communications needs. Table I provides a list of locations where full system perform- ance measurements are to be performed. The full system performance tests which include Procedures #1 through #6 are an extensive series of tests designed to examine all aspects of the system's performance. The locations defined ~.n Taoze zz are signal level test points which represent less extensive tests primarily focusing on the proper interface to the Institutional Network system. The specifics of the signal level tests are defined in Procedures #3 and #6. ~- 1 -- a ~ '± t?- :~- y` si. ~ •., Table I w ~ P y~ Full System Performance Parameter Tests Location Facility 1000 Throckmorton Street IS&S Computer Center 1000 Calvert Street Fire and Police Training Table II Signal Level Test Points Location 1000 Throckmorton Street 1800 S. University Drive 3409 Harley Street 1000 Cherry Street 350 Belknap Street -2- Measurement Point Fire & Public Safety Bldg. Public Health Department Service Center Fire Station #2 Police Computer Center a J + V :~ .. NSy 1 i~ ` • ~ t~' The full system test points have been selected at the extremities at each of the network legs. Signal level test points represent intermediate points, and due to their location, will exhibit transmission characteristics which meet or exceed those at the full service test points at the end of the network. The data sheets provided with the procedures are to be used to record all data measured at each of the test points. The measured values will be used in the future to monitor the system stability and judge overall long-term performance. 3 e ,*r a~. ~:i. ~ `~ y .~ rr-. r, .~~ hT y ~eVe 1.® Clty O~ F02't WOZ'~1, Texas Institutional ~'~rk P ~~ Sheet date T~erature hest Descri tion ------ ~arrier-tea-noise (foraaard ) Test II~ineer Est I,~a.ti.on Pass/ Specification N~asure~ Fail 45 dF3 (min ) ____ 43 dB ~ Carrier-tm°noise ~~) ~xeverse) 1.5$ max (-36 c1B) $ Carrier-to-hum ~i n,imum Signal Level 10 d~ +/- 5db 4/F~i At fie"st Point (nominal) Channels (4'/NN) Frequency Resp®r~se, FWD +/-3 dB 174-440 t~iz ~ Frequency Response9 REII +/-3 dB 5-108 M~3z Sby pacer operation functional General spectrum check, ~ ~'wD or REV -52dBc Signal ingress (maximum) -- General mechanical check per industry stanc~a~ Comtt~nt.s/p~ervations MASTER FILET ~ J E _ ACCOUNT6NQ 2' t pity of J~o~°t ~o~°th, ~e.~~~ TRANSPORTA77UN1PUBLIC. W.ORTC[ia~~ ®~ ~~ ]~ ~®~~~~ ]/ /~~®~~~~ •~~~ •®~ NRTER AOMIIViSTRATION 4 ,J///~\\`\V1''//1~-/L// e1'u/,(y[/~ (lj/i (I~/" /((((~ji /((((*ji LA~J..1' DATE REFERENCE SUBJECT AMENDMENT TO CABLE TELEVISION PAGE //~~~~ ~~ ~ r NUMBER FRANCHISE 2 ` 10-25-88 C-11264 1°r - RECOMMEN6ATION It is recommended that the City Council adopt the attached ordinance which will amend Ordinance 8291, Cable Television Franchise Ordinance and City Secretary Contract No 11863, Franchise Agreement. DISCl1SSTON On June 28, 1988, the City Council by Resolution informed Sammons of Fort Worth, Inc ,that it was out of compliance with certain terms and conditions of its cable television franchise agreement with the City The City and Sammons subsequently entered into negotiations to resolve disputes regarding Sammon's performance The City and Sammons have reached an agreement concerning these disputed issues, and on September 13, 1988, the City Council approved that agreement in principle, by Resolution. The City and Sammons wish to amend the franchise ordinance and the franchise agreement to reflect the agreement on disputed issues Adoption of attached ordinance, and Sammon's written acceptance of its provisions, will serve to amend both documents The major changes to the franchise are 1 The community programming functions will be taken over by the City, and Sammons will provide funding for these activities. Beginning in December, 1988, for the month of November, 1988, and each month thereafter, Sammons will pay to the City the sum of $1 00 per subscriber, based on the number of subscribers within the city limits This charge will be set out on the subscriber's bill as a pass-through item for community pr ogramming, and will not be considered revenue for purposes of calculating the franchi se fee. Sammons wil l donate to the City some equipment to be used for community programming The City will be obligated to produce and broadcast a specified amount of community programming during each quarter of the year. If the City fails to meet its quota during a particular quarter, Sammons may reduce its monthly payment proportionally to the percentage amount of the programming quota which was not met 2 Sammons will pay to the City $1 million for the purpose of constructing and equipping a studio facility located in the Fort Worth Public Library. $500,000 will be paid on or before October 31, 1988, and $500,000 will be paid before October 1, 1991 3 Sammons and the City will cooperate to achieve activation of the Institutional Network and to conduct a pilot/demonstration project to determine the utility of the network. 4 The City shall release Sammons from obligation to maintain a construction bond, from its agreement to maintain an escrow fund in connection with the use of City poles and fixtures ,~ s GATE REFERENCE NUMBER SUBJECT AMENDMENT TO CABLE TELEVISION PAGE 10-2588 C-11264 FRANCHISE _?_oE 2 q5 Sammons will be relieved of its obligation to undertake further construction in the downtown area, although the service extension policy of the franchise ordinance will continue to apply to the downtown area 6 Sammons will be relieved of its obligation to construct dual subscriber cable in any newly constructed areas, provided, however, that if the existing second subscriber cable is activated pursuant to the provisions of the franchise agreement, company has one year in which to activate the second subscriber cable in all areas of the city. 7 The term of the franchise will be extended for an additional 10 years, until August 11, 2006 FINANCING The Franchise amendments will not require expenditure of City funds. Community programming activities will be funded by Sammons as described above An enterprise fund will be established for receipt of these funds, as described in M&C, to be considered on this same City Council agenda. m/mc#1 Attachment APPROl~ED OY CITY C~OU~CIL ~~~ ~ ,~~~ ~x(~ ~~i~ ~ ~® SUBMITTED FOR THE CITY MANAGER'S OFFICE BY R.A MCKinne DISPOSITION BY COUNCIL. ^ APPROVED PROCESSED BY OF2IGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD Sue Winter CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT S Winter 6119 Adopted Ordinance No. DATE ,,,~ ''".may