Common use of Cable Modem Service Clause in Contracts

Cable Modem Service. (A) The Franchisee shall offer to provide, at the County’s option, data- over-cable services through its business-oriented cable modem service to the locations so designated in Appendix 1. (B) The Franchisee shall initially offer to provide a minimum downstream transfer rate of 256 Kbps and an upstream transfer rate of between 128 Kbps and 256 Kbps to each location connected to the cable modem service. The County may request and obtain a higher transfer rate service from the Franchisee up to the maximum transfer rates provided by the Franchisee at any time during the term of the Franchise. (C) The cable modem service shall meet the following parameters at each site connected: (i) Noise, Distortion and Other Performance Parameters (Downstream) – Under worst-case channel loading (including both analog and digital signals) the performance for the downstream connections shall always meet or exceed FCC performance specifications as contained in 47 CFR, Part 76, for noise, distortion and other applicable parameters. (ii) Noise, Distortion and Other Performance Parameters (Upstream) – Under worst-case channel loading (including both analog and digital signals) the performance of the upstream connections shall always meet or be better than manufacturer’s recommended specifications for cable modems, cable modem termination systems and other equipment employed by the Franchisee and the County to successfully provide data-over-cable services for the County’s use. (iii) Signal Levels (Downstream) – The minimum signal level received at any institution shall always meet or exceed FCC requirements for downstream cable system operation. (iv) Signal Levels (Upstream) – The input signal level received upstream at the Franchisee hub or headend shall never fall below, nor the maximum level exceed, manufacturer’s recommended specifications for any equipment required by the County to successfully transmit data communications as envisioned in the Franchise. (D) The Franchisee shall offer to provide the data-over-cable services described herein in a virtual private network (VPN) environment between each location and an interconnect point at the headend where data communications from each site shall be securely interconnected with the fiber I-Net. (E) Service response, cost rebates and other data-over-cable service characteristics not specified in this Agreement shall be controlled by the terms and conditions of a Service Level Agreement negotiated between the County and Comcast Business Communications, or its successor. (F) The Franchisee shall charge no more than its direct cost on a monthly basis for the provision of cable modem services as described herein.

Cable Modem Service. (A) The Franchisee shall offer to provide, at the County’s option, data- provide data-over-cable services through its business-oriented cable modem service to the locations so designated in Appendix 1. (B) The Franchisee shall initially offer to provide a minimum downstream transfer rate of 256 768 Kbps and an upstream transfer rate of between 128 Kbps and 256 768 Kbps to each location connected to the cable modem service. The County may request and obtain a higher transfer rate service from the Franchisee up to the maximum transfer rates provided by the Franchisee at any time during the term of the Franchise. (C) The cable modem service shall meet the following parameters at each site connected: (i) Noise, Distortion and Other Performance Parameters (Downstream) – Under worst-case channel loading (including both analog and digital signals) the performance for the downstream connections shall always meet or exceed FCC performance specifications as contained in 47 CFR, Part 76, for noise, distortion and other applicable parameters. (ii) Noise, Distortion and Other Performance Parameters (Upstream) – Under worst-case channel loading (including both analog and digital signals) the performance of the upstream connections shall always meet or be better than manufacturer’s recommended specifications for cable modems, cable modem termination systems and other equipment employed by the Franchisee and the County to successfully provide data-over-cable services for the County’s use. (iii) Signal Levels (Downstream) – The minimum signal level received at any institution shall always meet or exceed FCC requirements for downstream cable system Cable System operation. (iv) Signal Levels (Upstream) – The input signal level received upstream at the Franchisee hub or headend shall never fall below, nor the maximum level exceed, manufacturer’s recommended specifications for any equipment required by the County to successfully transmit data communications as envisioned in the Franchise. (D) The Franchisee shall offer to provide the data-over-cable services described herein in a virtual private network (VPN) environment between each location and an interconnect point at the headend County Government Center where data communications from each site shall be securely interconnected with the fiber I-Net. (E) Service response, cost rebates and other data-over-cable service characteristics not specified in this Agreement shall be controlled by the terms and conditions of a Service Level Agreement negotiated between the County and Comcast Business Communications, or its successorthe Franchisee. (F) The Franchisee shall charge impose no more than its direct cost charges on a monthly basis the County or any other Authorized User for the provision of cable modem services connectivity as described hereinherein to a single cable modem at each specified location.