Common use of Cable Service to Public Buildings Clause in Contracts

Cable Service to Public Buildings. If there is final determination or ruling of any agency or court having jurisdiction, after exhaustion of all appeals related thereto, that the provision of free or discounted Cable Service to public buildings pursuant to a cable franchise should no longer be included in the calculation of franchise fees subject to the five percent (5%) statutory cap under the Communications Act, then, subject to Section 3.1 if requested by the Township pursuant to written notice to Franchisee, Verizon shall provide, without charge, one service outlet activated for Basic Service to the following: 3.3.1 Each current municipal building, fire station, and public library as may be designated by the Township in Exhibit A; provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide service to any such public building, the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feet, or of releasing Franchisee from the obligation to provide service to such public building. Furthermore, Franchisee shall be permitted to recover, from any public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. 3.3.2 Each public K-12 school, and each non-public K-12 school that (a) receives funding pursuant to Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq. and (b) is considered a Non-public, Non-Licensed Schools under the Pennsylvania Private Academic Schools Act, 24 P.S. §§ 6702-6721, located in the Township, as may be designated by the Township in Exhibit A; provided, however, that Franchisee shall not be obligated to provide any service outlets activated for Basic Service to home schools; also provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide service to any such school building, the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feet, or of releasing Franchisee from the obligation to provide service to such school building. Furthermore, Franchisee shall be permitted to recover, from any school building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed.

Cable Service to Public Buildings. In accordance with applicable provisions of the FCC’s 2019 Third Report and Order In the Matter of Implementation of Section 621 of the Cable Act (the “621 Order”), within a reasonable period of time following the Effective Date, the Franchisee shall provide written notice to the LFA regarding the manner and process by which the parties shall implement the 621 Order’s requirements regarding the provision of free or discounted Cable Service to public buildings under a franchise agreement. If there is a final determination or ruling of any agency or court having jurisdiction, after exhaustion of all appeals related thereto, reversing the 621 Order such that the provision of free or discounted Cable Service to public buildings pursuant to a cable franchise should no longer be included in the calculation of franchise fees subject to the five percent (5%) statutory cap under the Communications Act, then, subject to Section 3.1 3.1, if requested in writing by the Township pursuant to written notice to FranchiseeLFA within sixty (60) days following such ruling, Verizon Franchisee shall provide, without chargecharge within the Franchise Area, one aerial service outlet activated for Basic Service to the following: 3.3.1 Each current municipal building, fire stationeach public school and public library, and public library such other buildings used for municipal purposes as may be designated by the Township LFA as provided in Exhibit AA attached hereto; provided, however, that if it is necessary to extend Franchisee’s aerial trunk or feeder lines more than two five hundred (200500) feet solely to provide service to any such school or public building, the Township LFA shall have the option either of paying Franchisee’s direct costs for such aerial extension in excess of two five hundred (200500) feet, or of releasing Franchisee from the obligation to provide service to such school or public building. Furthermore, Franchisee shall be permitted to recover, from any school or public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two five hundred (200500) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. 3.3.2 Each public K-12 school, and each non-public K-12 school that (a) receives funding pursuant to Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq. and (b) is considered a Non-public, Non-Licensed Schools under the Pennsylvania Private Academic Schools Act, 24 P.S. §§ 6702-6721, located in the Township, as may be designated by the Township in Exhibit A; provided, however, that Franchisee shall not be obligated to provide any service outlets activated for Basic Service to home schools; also provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide service to any such school building, the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feet, or of releasing Franchisee from the obligation to provide service to such school building. FurthermoreFor underground installations, Franchisee shall charge the recipient Franchisee’s actual costs. Such costs shall be permitted submitted to recoversaid recipient in writing before installation is begun. Cable Service may not be resold or otherwise used in contravention of Franchisee’s rights with third parties respecting programming. Equipment provided by Franchisee, from if any, shall be replaced at retail rates if lost, stolen or damaged. The parties hereto agree that the exercise of any school building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee conditional obligations set forth in this Section 3.3 shall not charge for constitute a modification or amendment of the provision Franchise within the meaning of Basic Service to Subpart 892-1 of the additional service outlets once installedNY PSC rules and regulations.

Cable Service to Public Buildings. If there is final determination or ruling of any agency or court having jurisdiction, after exhaustion of all appeals related thereto, that the provision of free or discounted Cable Service to public buildings pursuant to a cable franchise should no longer be included in the calculation of franchise fees subject to the five percent (5%) statutory cap under the Communications Act, then, subject to Section 3.1 if requested by the Township pursuant to written notice to Franchisee, Verizon Franchisee shall provide, within thirty (30) days of a written request thereof and without chargecharge within the Service Area, one service outlet activated for Basic Service to the following: 3.3.1 Each current municipal building, each fire station, police station, public library, city hall, other public buildings, and public library school building or facility operated by an independent school district that is located in Wylie, Texas, as may be initially designated or in the future designated by the Township LFA in Exhibit AB (the “Public Facility(ies)”); provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two one hundred fifty (200150) feet solely to provide service to any such public buildingPublic Facility, the Township LFA or local independent school districts shall have the option either of paying Franchisee’s direct costs for such extension in excess of two one hundred fifty (200150) feet, or of releasing Franchisee from the obligation to provide service to such public buildingPublic Facility. Furthermore, Franchisee shall be permitted to recover, from any public building Public Facility owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two one hundred fifty (200150) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. 3.3.2 Each public K-12 school, . Franchisee will make one (1) service outlet available at city hall without charge for the purpose of monitoring Basic Service and each non-public K-12 Expanded Service. In the event that LFA or any local school that (a) receives funding pursuant to authority referenced herein constructs or leases new Public Facilities within Franchisee’s Title I of the Elementary II service territory and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq. and (b) is considered a Non-public, Non-Licensed Schools under the Pennsylvania Private Academic Schools Act, 24 P.S. §§ 6702-6721, located in the Township, as may be designated served by the Township FTTP Network during the term of this Franchise, Franchisee agrees that it will provide one (1) free service outlet to such in Exhibit Aaccordance with the terms of this Section 3.3; provided, however, that Franchisee shall not be obligated required to provide any such free service outlets activated for Basic Service to home schools; also provided, however, that outlet if it the new Public Facility is necessary to extend located outside Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide Title II service to any such school building, territory and not served by the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feet, or of releasing Franchisee from the obligation to provide service to such school building. Furthermore, Franchisee shall be permitted to recover, from any school building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installedFTTP Network.

Cable Service to Public Buildings. If there is final determination or ruling of any agency or court having jurisdiction, after exhaustion of all appeals related thereto, that the provision of free or discounted Cable Service to public buildings pursuant to a cable franchise should no longer be included in the calculation of franchise fees subject to the five percent (5%) statutory cap under the Communications Act, then, subject Subject to Section 3.1 if requested by the Township pursuant to written notice to Franchisee3.1, Verizon Franchisee shall provide, without chargecharge within the Service Area, one service outlet activated for Basic Service to each public library and educational institution chartered or licensed by the following: 3.3.1 Each current municipal building, fire stationNew York State Department of Education or Board of Regents, and public library such other buildings used for municipal purposes as may be designated initially by the Township LFA in Exhibit A to this Agreement (“Exhibit A”) and, thereafter, during the Franchise term, as designated in writing upon the earlier to occur of (a) thirty (30) business days prior written notice to Franchisee or (b) approval of any amendment to Exhibit A in accordance with NY PSC rules; provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two five hundred (200500) feet solely to provide service to any such school or public building, the Township LFA shall have the option either of paying Franchisee’s direct costs for such extension in excess of two five hundred (200500) feet, or of releasing Franchisee from the obligation to provide service to such school or public building. Furthermore, Franchisee shall be permitted to recover, from any school or public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two five hundred (200500) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. 3.3.2 Each public K-12 school, and each non-public K-12 school that (a) receives funding pursuant to Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq. and (b) is considered a Non-public, Non-Licensed Schools under the Pennsylvania Private Academic Schools Act, 24 P.S. §§ 6702-6721, located in the Township, as may be designated by the Township in Exhibit A; provided, however, that Franchisee shall not be obligated to provide any service outlets activated for Basic Service to home schools; also provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide service to any such school building, the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feet, or of releasing Franchisee from the obligation to provide service to such school building. FurthermoreFor underground installations, Franchisee shall charge the recipient Franchisee’s actual cost. Such costs shall be permitted submitted to recoversaid recipient in writing, from any school building owner entitled to free servicebefore installation is begun. Cable Service may not be resold or otherwise used in contravention of Franchisee’s rights with third parties respecting programming. Equipment provided by Franchisee, the direct cost of installingif any, when requested to do soshall be replaced if lost, more than one outlet, stolen or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installeddamaged.

Cable Service to Public Buildings. If there is final determination or ruling of any agency or court having jurisdiction, after exhaustion of all appeals related thereto, that the provision of free or discounted Cable Service to public buildings pursuant to a cable franchise should no longer be included in the calculation of franchise fees subject to the five percent (5%) statutory cap under the Communications Act, then, subject to Section 3.1 if requested by the Township pursuant to written notice to Franchisee, Verizon shall provide, without charge, one service outlet activated for Basic Service to the following: 3.3.1 Each current municipal building, fire station, and public library as may be designated by the Township in Exhibit A; provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide service to any such public building, the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feet, or of releasing Franchisee from the obligation to provide service to such public building. Furthermore, Franchisee shall be permitted to recover, from any public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. 3.3.2 Each public K-12 school, and each non-public K-12 school that that (a) receives funding pursuant to Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq. and (b) is considered a Non-public, Non-Licensed Schools under the Pennsylvania Private Academic Schools Act, 24 P.S. §§ 6702-6721, located in the Township, as may be designated by the Township in Exhibit A; provided, however, that Franchisee shall not be obligated to provide any service outlets activated for Basic Service to home schools; also provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide service to any such school building, the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feet, or of releasing Franchisee from the obligation to provide service to such school building. Furthermore, Franchisee shall be permitted to recover, from any school building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed.

Cable Service to Public Buildings. If there is final determination or ruling of any agency or court having jurisdiction, after exhaustion of all appeals related thereto, that the provision of free or discounted Cable Service to public buildings pursuant to a cable franchise should no longer be included in the calculation of franchise fees subject to the five percent (5%) statutory cap under the Communications Act, then, subject Subject to Section 3.1 if requested by the Township pursuant to written notice to Franchisee3.1, Verizon Franchisee shall provide, without chargecharge within the Service Area, one service outlet activated for Basic Service to each public library and educational institution chartered or licensed by the following: 3.3.1 Each current municipal building, fire stationNew York State Department of Education or Board of Regents, and public library such other buildings used for municipal purposes, as may be designated initially by the Township LFA in Exhibit AA to this Agreement, and, thereafter, during the Franchise term, as designated in writing upon the earlier to occur of (a) thirty (30) business days prior written notice to Franchisee or (b) approval of any amendment to Exhibit A to this Agreement in accordance with NY PSC rules; provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two five hundred (200500) feet solely to provide service to any such school or public building, the Township LFA shall have the option either of paying Franchisee’s direct costs for such extension in excess of two five hundred (200500) feet, or of releasing Franchisee from the obligation to provide service to such school or public building. Furthermore, Franchisee shall be permitted to recover, from any school or public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two five hundred (200500) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. 3.3.2 Each public K-12 school. For underground installations, and each non-public K-12 school that (a) receives funding pursuant Franchisee shall charge the recipient Franchisee’s actual cost. Such costs shall be submitted to Title I said recipient in writing, before installation is begun. Cable Service may not be resold or otherwise used in contravention of the Elementary and Secondary Education Act of 1965Franchisee’s rights with third parties respecting programming. Equipment provided by Franchisee, 20 U.S.C. § 6301 et seq. and (b) is considered a Non-publicif any, Non-Licensed Schools under the Pennsylvania Private Academic Schools Actshall be replaced at retail rates if lost, 24 P.S. §§ 6702-6721, located in the Township, as may be designated by the Township in Exhibit Astolen or damaged; provided, however, that Franchisee shall not be obligated to provide any service outlets activated for Basic Service to home schools; also provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide service to any such school building, the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feet, or of releasing Franchisee from the obligation to provide service to such school building. Furthermoreequipment becomes defective, Franchisee shall be permitted to recover, from any school building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installedreplace it at no charge.

Cable Service to Public Buildings. If there is final determination or ruling of any agency or court having jurisdiction, after exhaustion of all appeals related thereto, that the provision of free or discounted Cable Service to public buildings pursuant to a cable franchise should no longer be included in the calculation of franchise fees subject to the five percent (5%) statutory cap under the Communications Act, then, subject Subject to Section 3.1 if requested by the Township pursuant to written notice to Franchisee3.1, Verizon Franchisee shall provide, without chargecharge within the Service Area, one service outlet activated for Basic Service to the following: 3.3.1 Each current municipal building, fire stationeach public school and public library, and public library such other buildings used for municipal purposes as may be designated by the Township LFA as provided in Exhibit AA attached hereto; or as designated by the LFAs in the future during the Franchise term, upon sixty (60) days prior written notice to the Franchisee and within the Franchisee’s approved video validated area; provided however that any new additional library, school or public buildings added to Exhibit A by the LFAs cannot exceed in the aggregate to the Villages of Larchmont and Mamaroneck and the Town of Mamaroneck more than five (5) additional buildings per year and ten (10) additional buildings over the life of the Agreement; provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two one hundred fifty (200150) feet solely to provide service to any such library, school or public building, the Township LFAs shall have the option either of paying Franchisee’s direct costs for such extension in excess of two one hundred fifty (200150) feet, or of releasing Franchisee from the obligation to provide service to such school or public building. Furthermore, Franchisee shall be permitted to recover, from any school or public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two one hundred fifty (200150) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. 3.3.2 Each public K-12 school, and each non-public K-12 school that (a) receives funding pursuant to Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq. and (b) is considered a Non-public, Non-Licensed Schools under the Pennsylvania Private Academic Schools Act, 24 P.S. §§ 6702-6721, located in the Township, as Cable Service may be designated by the Township in Exhibit A; provided, however, that Franchisee shall not be obligated to provide any service outlets activated for Basic Service to home schools; also provided, however, that if it is necessary to extend resold or otherwise used in contravention of Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide service to any such school buildingrights with third parties respecting programming. Equipment provided by Franchisee, the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feetif any, or of releasing Franchisee from the obligation to provide service to such school building. Furthermore, Franchisee shall be permitted to recoverreplaced at retail rates if lost, from any school building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, stolen or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installeddamaged.

Cable Service to Public Buildings. If there is final determination or ruling of any agency or court having jurisdiction, after exhaustion of all appeals related thereto, that the provision of free or discounted Cable Service to public buildings pursuant to a cable franchise should no longer be included in the calculation of franchise fees subject to the five percent (5%) statutory cap under the Communications Act, then, subject Subject to Section 3.1 if requested by the Township pursuant to written notice to Franchisee3.1, Verizon Franchisee shall provide, without chargecharge within the Service Area, one service outlet activated for Basic Service to each public library and educational institution chartered or licensed by the following: 3.3.1 Each current municipal building, fire stationNew York State Department of Education or Board of Regents, and public library such other buildings used for municipal purposes, as may be designated initially by the Township LFA in Exhibit AA to this Agreement, and, thereafter, during the Franchise term, as designated in writing upon the earlier to occur of (a) thirty (30) business days prior written notice to Franchisee or (b) approval of any amendment to Exhibit A to this Agreement in accordance with NY PSC rules; provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two five hundred (200500) feet solely to provide service to any such school or public building, the Township LFA shall have the option either of paying Franchisee’s direct costs for such extension in excess of two five hundred (200500) feet, or of releasing Franchisee from the obligation to provide service to such school or public building. Furthermore, Franchisee shall be permitted to recover, from any school or public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two Five hundred (200500) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed. 3.3.2 Each public K-12 school. For underground installations, and each non-public K-12 school that (a) receives funding pursuant Franchisee shall charge the recipient Franchisee’s actual cost. Such costs shall be submitted to Title I said recipient in writing, before installation is begun. Cable Service may not be resold or otherwise used in contravention of the Elementary and Secondary Education Act of 1965Franchisee’s rights with third parties respecting programming. Equipment provided by Franchisee, 20 U.S.C. § 6301 et seq. and (b) is considered a Non-publicif any, Non-Licensed Schools under the Pennsylvania Private Academic Schools Actshall be replaced at retail rates if lost, 24 P.S. §§ 6702-6721, located in the Township, as may be designated by the Township in Exhibit Astolen or damaged; provided, however, that Franchisee shall not be obligated to provide any service outlets activated for Basic Service to home schools; also provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide service to any such school building, the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feet, or of releasing Franchisee from the obligation to provide service to such school building. Furthermoreequipment becomes defective, Franchisee shall be permitted to recover, from any school building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installedreplace it at no charge.