Common use of Cable Service to Public Buildings Clause in Contracts

Cable Service to Public Buildings. Subject to Section 3.1, and upon written request of the LFA, Franchisee shall provide without charge one service outlet activated for Basic Service to each public school and public library, and such other buildings used for municipal purposes as designated by the LFA in Exhibit B, provided that the incumbent cable operator is also required to provide free service to each such building and that such free service outlet is located within the Franchise Area. Franchisee shall also provide without charge one service outlet activated for Basic Service to each public school and public library, and such other buildings used for municipal purposes as designated by the LFA for up to five (5) additional buildings over the life of the Agreement, so long as: LFA provides Franchisee sixty (60) days prior written notice; the incumbent cable operator is also required to provide free service to each such additional building; and that such free service outlet is located within the Franchise Area. Notwithstanding the foregoing, however, if it is necessary to extend Franchisee’s trunk or feeder lines more than two hundred fifty (250) feet solely to provide service to any such school or public building, the LFA shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred fifty (250) 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 hundred fifty (250) feet of drop cable; provided, however, that Franchisee may charge current rates for any equipment associated with the provision of Basic Service to any additional service outlets. Cable Service may not be resold or otherwise used in contravention of Franchisee’s rights with third parties respecting programming. Equipment provided by Franchisee, if any, shall be replaced at retail rates if lost, stolen or damaged.

Cable Service to Public Buildings. Subject to Section 3.1, and upon written request of the LFA, Franchisee shall provide provide, without charge within the Service Area, one service outlet activated for Basic Service to each public school library and public libraryeducational institution chartered or licensed by the New York State Department of Education or Board of Regents, and such other buildings used for municipal purposes purposes, as designated initially by the LFA in Exhibit BA to this Agreement, provided that the incumbent cable operator is also required to provide free service to each such building and that such free service outlet is located within and, thereafter, during the Franchise Area. Franchisee shall also provide without charge one service outlet activated for Basic Service to each public school and public libraryterm, and such other buildings used for municipal purposes as designated by in writing upon the LFA for up earlier to five occur of (5a) additional buildings over the life of the Agreement, so long as: LFA provides Franchisee sixty thirty (6030) business days prior written noticenotice to Franchisee or (b) approval of any amendment to Exhibit A to this Agreement in accordance with NY PSC rules; the incumbent cable operator is also required to provide free service to each such additional building; and that such free service outlet is located within the Franchise Area. Notwithstanding the foregoingprovided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two five hundred fifty (250500) feet solely to provide service to any such school or public building, the LFA shall have the option either of paying Franchisee’s direct costs for such extension in excess of two five hundred fifty (250500) 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 fifty (250500) feet of drop cable; provided, however, that Franchisee may shall not charge current rates for any equipment associated with the provision of Basic Service to any the additional service outletsoutlets once installed. For underground installations, Franchisee shall charge the recipient Franchisee’s actual cost. Such costs shall be submitted to said 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, if any, shall be replaced at retail rates if lost, stolen or damaged; provided, however, that if such equipment becomes defective, Franchisee shall replace it at no charge.

Cable Service to Public Buildings. Subject to Section 3.1, and upon written request of the LFA, Franchisee shall provide provide, without charge within the Service Area, one service outlet activated for Basic Service to each public school and public library, and such other buildings used for municipal purposes as may be designated by the LFA as provided in Exhibit B, provided that the incumbent cable operator is also required to provide free service to each such building and that such free service outlet is located within the Franchise Area. Franchisee shall also provide without charge one service outlet activated for Basic Service to each public school and public library, and such other buildings used for municipal purposes as designated by the LFA for up to five (5) additional buildings over the life of the Agreement, so long as: LFA provides Franchisee sixty (60) days prior written noticeA attached hereto; the incumbent cable operator is also required to provide free service to each such additional building; and that such free service outlet is located within the Franchise Area. Notwithstanding the foregoingprovided, however, that if it is necessary to extend Franchisee’s aerial trunk or feeder lines more than two five hundred fifty (250500) feet solely to provide service to any such school or public building, the LFA shall have the option either of paying Franchisee’s direct costs for such extension in excess of two five hundred fifty (250500) 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 fifty (250500) feet of drop cable; provided, however, that Franchisee may shall not charge current rates for any equipment associated with the provision of Basic Service to any the additional service outletsoutlets once installed. For underground installations, Franchisee shall charge the recipient Franchisee’s actual cost. Such cost shall be submitted to said 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, if any, shall be replaced at retail rates if lost, stolen or damaged; provided, however that if such equipment becomes defective, Franchisee shall replace it consistent with the Franchisee’s terms and policies for the provision of equipment.

Cable Service to Public Buildings. Subject to Section 3.1, and upon written request of the LFA, Franchisee shall provide provide, without charge within the Service Area, one service outlet activated for Basic Service to each public school and public library, and such other buildings used for municipal purposes as may be designated by the LFA as provided in Exhibit B, provided that the incumbent cable operator is also required to provide free service to each such building and that such free service outlet is located within the Franchise Area. Franchisee shall also provide without charge one service outlet activated for Basic Service to each public school and public library, and such other buildings used for municipal purposes A attached hereto; or as designated by the LFA for up 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, so long as: LFA provides Franchisee sixty (60) days prior written notice; the incumbent cable operator is also required to provide free service to each such additional building; and that such free service outlet is located within the Franchise Area. Notwithstanding the foregoingprovided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two one hundred fifty (250150) feet solely to provide service to any such library, school or public building, the LFA LFAs shall have the option either of paying Franchisee’s direct costs for such extension in excess of two one hundred fifty (250150) 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 (250150) feet of drop cable; provided, however, that Franchisee may shall not charge current rates for any equipment associated with the provision of Basic Service to any the additional service outletsoutlets once installed. Cable Service may not be resold or otherwise used in contravention of Franchisee’s rights with third parties respecting programming. Equipment provided by Franchisee, if any, shall be replaced at retail rates if lost, stolen or damaged.

Cable Service to Public Buildings. Subject to Section 3.1, and Franchisee shall provide, upon written request of notice to the LFAFranchisee, Franchisee shall provide without charge within the Service Area one service outlet activated for Basic Service to each existing public school and public library, and such other buildings used for municipal purposes as designated by the LFA building listed in Exhibit B, provided that the incumbent cable operator is also required to provide free service to each such building and that such free service outlet is located within the Franchise Area. Franchisee shall also provide including, without charge one service outlet activated for Basic Service to limitation, each public school and school, each public library, and such other buildings used for municipal purposes as designated each location occupied by the LFA Sheriffs Office, each location occupied by fire and rescue operations, including the Training Academy, the County's 911 Center, and other locations occupied or used by the County government for governmental purposes. During the term of this Agreement, the County may, subject to the provisions of Sections 3.1 and this 3.4 as agreed to by Franchisee, designate by written notice to the Franchisee up to five (5) additional buildings over locations per year, subject to a maximum during the life Term of the Agreementtwenty-five (25) additional locations, so long as: LFA provides Franchisee sixty (60) days prior written notice; the incumbent cable operator is also required to provide free service to each such additional building; and that such free receive one service outlet is located within activated for Basic Service. Such additional locations may include public schools, public libraries, locations occupied by the Franchise AreaSheriffs Office, locations occupied by fire and rescue operations, and other locations occupied or used by the County government for public purposes. Notwithstanding the foregoing, howeverFor all service outlets, if it is necessary to extend Franchisee’s 's trunk or feeder lines more than two three hundred fifty (250300) feet drop distance solely to provide service to any such school or public building, the LFA County shall have the option either of paying Franchisee’s 's direct costs for such extension in excess of two three hundred fifty (250300) 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 three hundred fifty (250300) feet of drop cable; provided, however, that Franchisee may shall not charge current rates for any equipment associated with the provision of Basic Service to any the additional service outletsoutlets once installed. Cable Service The County may not be resold or otherwise used in contravention of Franchisee’s rights with third parties respecting programming. Equipment provided by Franchisee, if any, shall be replaced extend its one outlet to additional locations throughout the building at retail rates if lost, stolen or damagedits own installation expense without an additional monthly fee for Basic Service.

Cable Service to Public Buildings. Subject to Section 3.1Franchisee shall provide, and upon within thirty (30) days of a written request of the LFA, Franchisee shall provide thereof and without charge within the Service Area, one service outlet activated for Basic Service to each public school and fire station, police station, public library, city hall, other public buildings, and such other buildings used for municipal purposes public 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 LFA in Exhibit B, provided that B (the incumbent cable operator is also required to provide free service to each such building and that such free service outlet is located within the Franchise Area. Franchisee shall also provide without charge one service outlet activated for Basic Service to each public school and public library, and such other buildings used for municipal purposes as designated by the LFA for up to five (5) additional buildings over the life of the Agreement, so long as: LFA provides Franchisee sixty (60) days prior written notice“Public Facility(ies)”); the incumbent cable operator is also required to provide free service to each such additional building; and that such free service outlet is located within the Franchise Area. Notwithstanding the foregoingprovided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two one hundred fifty (250150) feet solely to provide service to any such Public Facility, LFA or local independent school or public building, the LFA districts shall have the option either of paying Franchisee’s direct costs for such extension in excess of two one hundred fifty (250150) feet, or of releasing Franchisee from the obligation to provide service to such school or public buildingPublic Facility. Furthermore, Franchisee shall be permitted to recover, from any school or 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 (250150) feet of drop cable; provided, however, that Franchisee may shall not charge current rates for any equipment associated with the provision of Basic Service to any the additional service outletsoutlets once installed. Cable Franchisee will make one (1) service outlet available at city hall without charge for the purpose of monitoring Basic Service may and Expanded Service. In the event that LFA or any local school authority referenced herein constructs or leases new Public Facilities within Franchisee’s Title II service territory and served by the FTTP Network during the term of this Franchise, Franchisee agrees that it will provide one (1) free service outlet to such in accordance with the terms of this Section 3.3; provided, however, that Franchisee shall not be resold or otherwise used in contravention of required to provide any such free service outlet if the new Public Facility is located outside Franchisee’s rights with third parties respecting programming. Equipment provided Title II service territory and not served by Franchisee, if any, shall be replaced at retail rates if lost, stolen or damagedthe FTTP Network.

Cable Service to Public Buildings. Subject to Section 3.1, 3.1 and upon written request of the LFAdistance limitation in this Section below, Franchisee shall provide provide, without charge charge, one service outlet activated for Basic Service to each fire station, public school and school, police station, public library, and such other LFA buildings used for municipal purposes as or offices within the Service Area where service is being provided designated by the LFA in Exhibit BB attached hereto (it being understood that such service will be only provided to the schools or other public buildings designated on Exhibit B as being located in the Additional Service Area if, provided that when, and to the incumbent cable operator is also required extent Franchisee elects to provide free service Cable Services to each such building Additional Service Areas pursuant to Subsection 3 .1.3 above), and that any such free service outlet is located within the Franchise Area. Franchisee shall also provide without charge one service outlet activated for Basic Service to each public school newly acquired or constructed schools and public library, and such other buildings used for municipal purposes as designated by hereafter during the LFA for up term of this Franchise in writing to five (5) additional buildings over the life of the Agreement, so long as: LFA provides Franchisee sixty (60) days prior written noticeFranchisee; the incumbent cable operator is also required to provide free service to each such additional building; and that such free service outlet is located within the Franchise Area. Notwithstanding the foregoingprovided, however, that if it is necessary to extend from Franchisee’s 's trunk or feeder lines with a drop of more than two hundred fifty thousand (2502,000) feet for the buildings listed in Exhibit B or more than one thousand (1,000) feet solely to provide service to any such school new schools or public buildingbuildings, the LFA shall have the option either of paying Franchisee’s 's direct costs for portion of such extension in excess of two hundred fifty thousand (2502,000) feet or one thousand (1,000) feet, as the case may be, or of releasing ofreleasing Franchisee from the the, or deferring Franchisee's, obligation to provide service to such school building. Franchisee shall not be required to provide Cable Service without charge to locations that are not staffed at all or public buildingare not fit or designed for occupancy. Furthermore, Franchisee shall be permitted to recover, from any school or other 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 fifty (250) feet of drop cable; provided, however, that Franchisee may shall not charge current rates for any equipment associated with the provision of Basic Service to the additional service outlets once installed and may charge for additional equipment for any additional outlets. In no event shall Franchisee be required to provide service outletshereunder to more schools and other public buildings than the number served by the incumbent cable operator in the Service Area. Cable Service may not be resold or otherwise used in contravention of Franchisee’s 's rights with third parties respecting programming. Franchisee shall notify the LFA if it becomes aware of any such impermissible use and provide a full explanation of its reasons for believing such use to be impermissible, including the identity of the party and the titles or names of the documents supporting such explanation. Equipment provided by Franchisee, if any, shall be replaced at retail replacement cost rates if lost, stolen or damaged.

Cable Service to Public Buildings. Subject to Section 3.1, and upon written request of the LFA, Franchisee shall provide provide, without charge within the Service Area, one service outlet activated for Basic Service to each public school library and public libraryeducational institution chartered or licensed by the New York State Department of Education or Board of Regents, and such other buildings used for municipal purposes as designated initially by the LFA in Exhibit BA to this Agreement (“Exhibit A”) and, provided that the incumbent cable operator is also required to provide free service to each such building and that such free service outlet is located within thereafter, during the Franchise Area. Franchisee shall also provide without charge one service outlet activated for Basic Service to each public school and public libraryterm, and such other buildings used for municipal purposes as designated by in writing upon the LFA for up earlier to five occur of (5a) additional buildings over the life of the Agreement, so long as: LFA provides Franchisee sixty thirty (6030) business days prior written noticenotice to Franchisee or (b) approval of any amendment to Exhibit A in accordance with NY PSC rules; the incumbent cable operator is also required to provide free service to each such additional building; and that such free service outlet is located within the Franchise Area. Notwithstanding the foregoingprovided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two five hundred fifty (250500) feet solely to provide service to any such school or public building, the LFA shall have the option either of paying Franchisee’s direct costs for such extension in excess of two five hundred fifty (250500) 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 fifty (250500) feet of drop cable; provided, however, that Franchisee may shall not charge current rates for any equipment associated with the provision of Basic Service to any the additional service outletsoutlets once installed. For underground installations, Franchisee shall charge the recipient Franchisee’s actual cost. Such costs shall be submitted to said 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, if any, shall be replaced at retail rates if lost, stolen or damaged.

Cable Service to Public Buildings. Subject 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, and upon written request of if requested in writing by the LFALFA within sixty (60) days following such ruling, Franchisee shall provide provide, without charge within the Franchise Area, one aerial service outlet activated for Basic Service to each public school and public library, and such other buildings used for municipal purposes as may be designated by the LFA as provided in Exhibit B, provided that the incumbent cable operator is also required to provide free service to each such building and that such free service outlet is located within the Franchise Area. Franchisee shall also provide without charge one service outlet activated for Basic Service to each public school and public library, and such other buildings used for municipal purposes as designated by the LFA for up to five (5) additional buildings over the life of the Agreement, so long as: LFA provides Franchisee sixty (60) days prior written noticeA attached hereto; the incumbent cable operator is also required to provide free service to each such additional building; and that such free service outlet is located within the Franchise Area. Notwithstanding the foregoingprovided, however, that if it is necessary to extend Franchisee’s aerial trunk or feeder lines more than two five hundred fifty (250500) feet solely to provide service to any such school or public building, the LFA shall have the option either of paying Franchisee’s direct costs for such aerial extension in excess of two five hundred fifty (250500) 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 fifty (250500) feet of drop cable; provided, however, that Franchisee may shall not charge current rates for any equipment associated with the provision of Basic Service to any the additional service outletsoutlets once installed. For underground installations, Franchisee shall charge the recipient Franchisee’s actual costs. Such costs shall be submitted to said 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, if any, shall be replaced at retail rates if lost, stolen or damaged. The parties hereto agree that the exercise of any conditional obligations set forth in this Section 3.3 shall not constitute a modification or amendment of the Franchise within the meaning of Subpart 892-1 of the NY PSC rules and regulations.

Cable Service to Public Buildings. Subject to Section 3.1, and upon written request of the LFA, Franchisee shall provide provide, without charge within the Service Area, one service outlet activated for Basic Service to each public school library and public libraryeducational institution chartered or licensed by the New York State Department of Education or Board of Regents, and such other buildings used for municipal purposes purposes, as designated initially by the LFA in Exhibit BA to this Agreement, provided that the incumbent cable operator is also required to provide free service to each such building and that such free service outlet is located within and, thereafter, during the Franchise Area. Franchisee shall also provide without charge one service outlet activated for Basic Service to each public school and public libraryterm, and such other buildings used for municipal purposes as designated by in writing upon the LFA for up earlier to five occur of (5a) additional buildings over the life of the Agreement, so long as: LFA provides Franchisee sixty thirty (6030) business days prior written noticenotice to Franchisee or (b) approval of any amendment to Exhibit A to this Agreement in accordance with NY PSC rules; the incumbent cable operator is also required to provide free service to each such additional building; and that such free service outlet is located within the Franchise Area. Notwithstanding the foregoingprovided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two five hundred fifty (250500) feet solely to provide service to any such school or public building, the LFA shall have the option either of paying Franchisee’s direct costs for such extension in excess of two five hundred fifty (250500) 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 fifty (250500) feet of drop cable; provided, however, that Franchisee may shall not charge current rates for any equipment associated with the provision of Basic Service to any the additional service outletsoutlets once installed. For underground installations, Franchisee shall charge the recipient Franchisee’s actual cost. Such costs shall be submitted to said 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, if any, shall be replaced at retail rates if lost, stolen or damaged; provided, however, that if such equipment becomes defective, Franchisee shall replace it at no charge.