Common use of SYSTEM SPECIFICATIONS Clause in Contracts

SYSTEM SPECIFICATIONS. 11.1 Subject to FCC and PSC regulations, policies, and standards, and subject to the cable communication systems’ capability of providing the services and facilities prescribed in this franchise, the technical design of the cable communications system serving the Municipality shall be at the option of the Franchisee and as further described in this section. 11.2 The Franchisee shall maintain its systems subject to the conditions as follows: a) the Franchisee shall be subject to maintaining the following customer service standards: I. Trained company representatives will be available to answer telephone inquiries twenty four hours a day, seven days a week, three hundred and sixty five days per year. II. Under normal operating conditions, telephone answer time, including wait time, shall not exceed thirty (30) seconds when the connection is made. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. III. The operator will not be required to measure compliance with answering standards referenced in 11.2.II unless a historical record of complaints evidences a clear failure to comply. IV. Under normal operating conditions, installation, outage and service call standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis. i. Standard installations, meaning those aerial drops 175 feet or less under 125 feet from the existing distribution system and buried connections 150 feet or less from the existing distribution system, will be performed within seven (7) business days or as negotiated with the customer. ii. Excluding conditions beyond the operator’s control, work on service interruptions will begin no later than 24 hours after the problem occurs. iii. Time blocks for installation services must not exceed a four hour window during normal business hours. iv. The operator must not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment other than in the event of circumstances beyond the operator’s control. V. Customers will be notified in writing of any changes in rates or programming services with at least thirty (30) day notice other than an event outside of the control of the operator. b) the Franchisee will provide service to all areas with an average of 30 25 homes per aerial mile or greater without contribution in aid of construction by subscribers; In cases of a request for service not meeting the above criteria, the Franchisee will extend service to prospective subscribers who are willing to contribute the cost of construction in accordance with the formula C/LE - CA/P = SC where C equals the cost of construction of new plant; CA equals the average cost of construction per mile in the primary service area; P equals the minimum number of dwelling units per mile which would require the Franchisee to provide service in the primary service area; LE equals the number of dwelling units requesting service in the line extension area; SC equals subscriber contribution-in- aid of construction in the line extension area. c) No subscriber will be unreasonably denied service however non- incumbent providers are granted a grace period of 36 months to comply with section 11.2.b. d) Grantee shall have the right, but not the obligation, to extend the system into any portion of the Service Area where another operator is providing cable television service, into any annexed area that is not adjacent to the present service territory or where such extensions are technically or financially infeasible due to extraordinary circumstances. e) Whenever a potential subscriber located in a line extension area requests service, the Franchisee shall, within 30 days of the request, conduct a survey to determine the number of potential subscribers located in the line extension area and shall inform each of the potential subscribers of the contribution-in-aid of construction. During a three year period commencing with initiation of service to a particular line extension, a pro-rated refund shall be paid to previous subscribers of said extension as new subscribers are added to the extension. The amount of such refund, if any, shall be determined by application of the SC formula each time a new subscriber is added. The refunds shall be paid annually to subscribers, or former subscribers entitled to receive them. f) Cable Service shall be provided to any subscriber who demands service within seven (7) business days of the request for service and who is located within one hundred twenty five (125175) feet of aerial feeder cable or 150 feet of underground feeder service, and that the charge for the installation for any subscriber so situated will not be in excess of the standard installation charge. 11.3 The Franchisee will comply with all applicable federal & state regulations regarding the Emergency Alert System. 11.4 The Cable System shall be designed, constructed and operated so as to meet those technical standards adopted by the FCC relating to Cable Systems contained in part 76 of the FCC’s rules and regulations as may from time to time, be amended. 11.5 The Company will comply with Part 895.5 of the PSC Rules.

SYSTEM SPECIFICATIONS. ‌ 11.1 Subject to FCC and PSC regulations, policies, and standards, and subject to the cable communication systems’ capability of providing the services and facilities prescribed in this franchise, the technical design of the cable communications system serving the Municipality shall be at the option of the Franchisee and as further described in this section. 11.2 The Franchisee shall maintain its systems subject to the conditions as follows: a) the Franchisee shall be subject to maintaining the following customer service standards: I. Trained company representatives will be available to answer telephone inquiries twenty four hours a day, seven days a week, three hundred and sixty five days per year. II. Under normal operating conditions, telephone answer time, including wait time, shall not exceed thirty (30) seconds when the connection is made. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. III. The operator will not be required to measure compliance with answering standards referenced in 11.2.II unless a historical record of complaints evidences a clear failure to comply. IV. Under normal operating conditions, installation, outage and service call standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis. i. Standard installations, meaning those aerial drops 175 feet or less under 125 feet from the existing distribution system and buried connections 150 feet or less from the existing distribution system, will be performed within seven (7) business days or as negotiated with the customer. ii. Excluding conditions beyond the operator’s control, work on service interruptions will begin no later than 24 hours after the problem occurs. iii. Time blocks for installation services must not exceed a four hour window during normal business hours. iv. The operator must not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment other than in the event of circumstances beyond the operator’s control. V. Customers will be notified in writing of any changes in rates or programming services with at least thirty (30) day notice other than an event outside of the control of the operator. b) the Franchisee will provide service to all areas with an average of 30 25 homes per aerial mile or greater without contribution in aid of construction by subscribers; In cases of a request for service not meeting the above criteria, the Franchisee will extend service to prospective subscribers who are willing to contribute the cost of construction in accordance with the formula C/LE - CA/P = SC where C equals the cost of construction of new plant; CA equals the average cost of construction per mile in the primary service area; P equals the minimum number of dwelling units per mile which would require the Franchisee to provide service in the primary service area; LE equals the number of dwelling units requesting service in the line extension area; SC equals subscriber contribution-in- in-aid of construction in the line extension area. c) No subscriber will be unreasonably denied service however non- incumbent providers are granted a grace period of 36 months to comply with section 11.2.b. d) Grantee shall have the right, but not the obligation, to extend the system into any portion of the Service Area where another operator is providing cable television service, into any annexed area that is not adjacent to the present service territory or where such extensions are technically or financially infeasible due to extraordinary circumstances. e) Whenever a potential subscriber located in a line extension area requests service, the Franchisee shall, within 30 days of the request, conduct a survey to determine the number of potential subscribers located in the line extension area and shall inform each of the potential subscribers of the contribution-in-aid of construction. During a three year period commencing with initiation of service to a particular line extension, a pro-rated refund shall be paid to previous subscribers of said extension as new subscribers are added to the extension. The amount of such refund, if any, shall be determined by application of the SC formula each time a new subscriber is added. The refunds shall be paid annually to subscribers, or former subscribers entitled to receive them. f) Cable Service shall be provided to any subscriber who demands service within seven (7) business days of the request for service and who is located within one hundred twenty five (125175) 175 feet of aerial feeder cable or 150 feet of underground feeder service, and that the charge for the installation for any subscriber so situated will not be in excess of the standard installation charge. 11.3 The Franchisee will comply with all applicable federal & state regulations regarding the Emergency Alert System. 11.4 The Cable System shall be designed, constructed and operated so as to meet those technical standards adopted by the FCC relating to Cable Systems contained in part 76 of the FCC’s rules and regulations as may from time to time, be amended. 11.5 The Company will comply with Part 895.5 of the PSC Rules.