§ 5. Minimum facilities and services.  


Latest version.
  • (a)

    (1)

    STI agrees to provide Cable Service without charge to buildings owned or space occupied by the City for municipal purposes in the Franchise Area, and to all buildings owned or space occupied by the City for municipal purposes that may be constructed or opened within the City during the term of this Franchise Agreement in the Franchise Area. City shall provide STI a list from time to time of the locations to which Cable Service must be provided. Cable Service provided shall consist of basic service and a programming tier or set of programming tiers equivalent in quality and size to the expanded basic tier shown in Exhibit A.

    (2)

    Upon request, STI agrees to provide cable modem service, if offered to residential subscribers, to buildings owned or space occupied by the City for municipal purposes in the Franchise Area, and to all buildings owned or space occupied by the City for municipal purposes that may be constructed or opened within the City during the term of this Franchise in the Franchise Area. City shall provide STI a list from time to time of the locations to which cable modem service must be provided. If multiple classes of cable modem service are provided in the City, each location will be permitted to elect which class of cable modem service it wishes to receive. The cable modem service will be provided at no charge; except that, if the cable modem service is provided by a third party under contract to STI, and payment would be required under that contract to provide the cable modem service to the buildings, the City may be required to pay up to the amount STI remits to the service provider for standard residential cable modem service unless the location elects to receive a higher class of cable modem service, in which case the location may be required to pay up to the amount STI remits to the service provider for the class of cable modem service selected. STI will ensure that the quality of the cable modem service received is equivalent to the best quality that it offers to other subscribers receiving the same class of cable modem service.

    (3)

    STI will provide the services and facilities required under section 5(a)(1)-(2) to four (4) outlets at each location that is entitled to such service. STI will provide all devices necessary to receive Cable Service required under (a)(1). Should a location desire to attach more cable modems, it may obtain additional modems from STI at STI's cost, or obtain and attach the modem itself (if compatible modems are available). Should a location desire to have service extended to additional outlets, the location may extend the service to the additional outlets. STI will not charge for the delivery of the service to the additional locations, but it may charge its actual cost for (i) the additional cost, if any, of equipment required to deliver an adequate signal to the additional outlets (e.g. if a more expensive amplifier must be installed at the location to boost the signal); and (ii) additional cost of terminal equipment, such as cable modems, required by a subscriber to receive or use the service at the outlets; and (iii) additional cost required to assign service to multiple fixed IP addresses.

    (b)

    (1)

    The franchisee shall, at a minimum, provide four cable service connections, without charge, to all public schools located within the franchise area that is within 125 feet of its existing cable system and is capable of standard installation, and to all such locations that may be constructed or opened after the effective date of this agreement.

    (2)

    The franchisee shall provide four cable service connections, including any requested internal wiring for additional outlets, to any private secondary school (as defined by, and which receives funding pursuant to, Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. §421, et seq., as amended) requesting such connections that are located within its franchise area and that is within 125 feet of its existing cable system and is capable of standard installation. Such connections shall be provided at costs and as promptly as possible.

    (3)

    Any connected public or private school may elect to install its own internal wiring (provided such wiring meets required technical specifications) and to bear the cost thereof. Free basic tier service and expanded basic service shall be provided to four outlets in all connected public and private schools.

    (4)

    The franchisee shall provide at no cost and so long as same is available to franchisee, "Cable in the Classroom" programs listing or similar materials to each connected public and private school.

    (5)

    Within one year after the franchisee makes on-line service for personal computers commercially available on its cable television system, the franchisee shall, upon request by the Orange County School Board ("OCSB"), provide each public school that is passed by its cable system with a four free connections to such on-line service. At minimum, such on-line service will provide access to the Internet. Upon request, each connected public school shall receive four free cable modems and free, unlimited access to the franchisee's on-line service. Franchisee, as a condition for providing such service, may prohibit the OCSB from "networking" from the locations. Additional cable modems and operational support and services (for example, assisting connected schools in setting up and maintaining reliable Internet connections), shall be provided upon request, to connected public schools at a cost not to exceed the franchisee's lowest rate which the franchisee charges other commercial subscribers within the State of Florida. Free access to the franchisee's on-line service shall be provided through each such modem.

    (c)

    The franchisee shall not seek to recover the costs of these connections as external or other costs.

    (d)

    Nothing herein shall preclude the franchisee from providing services or benefits to the city or to public or private schools which exceed those provided or required herein.

    (e)

    STI agrees that it shall carry the West Orange Television Network and that its cable system shall be compatible and available to accept programming received from the City of Winter Garden for broadcast on the West Orange Television Network and other government access channels within three years from the execution of this franchise, unless the city has extended the deadline or waived this obligation. For the limited purpose of carrying the West Orange Television Network and programming received from the City of Winter Garden for broadcast on the West Orange Television Network and other government access channels, the city hereby grants STI the right and privilege to construct, install, maintain and operate its cable system outside the franchise area and to utilize public rights-of-way and public easements.