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CHAPTER 113CABLE TELEVISION FRANCHISE AND REGULATIONS113.10 RELOCATION AT REQUEST OF FRANCHISING AUTHORITY. Upon itsreceipt of reasonable advance notice, the Grantee shall, at its own expense, protect, support,temporarily disconnect, relocate in the public way, or remove from the public way, any propertyof the Grantee when lawfully required by franchising authority by reason of traffic conditions,pubic safety, street abandonment, freeway and street construction, change or establishment ofstreet grade, installation of sewers, drains, gas or water pipes, or any other type of structures orimprovements by the franchising authority. Notwithstanding the foregoing, the Grantee shallhave a right to abandon all interior wiring. In the event the City is required to collect and disposeof property of the Grantee the city shall be entitled to collect reimbursement from Grantee for allcosts associated with the same.113.11 RELOCATION AT REQUEST OF THIRD PARTY. The Grantee shall, on therequest of any person holding a building moving permit, issued by the franchising authority,temporarily raise or lower its wires to permit the moving of such building, provided: (a) theexpense of such temporary raising or lowering of wires is paid by said person, including, ifrequired by the Grantee, making such payment in advance; and (b) the Grantee is given not lessthan ten (10) business days advance written notice to arrange for such temporary wire changes.113.12 TRIMMING OF TREES AND SHRUBBERY. The Grantee shall have the authority totrim trees or other natural growth overhanging any of its cable system in the service area so as toprevent branches from coming in contact with the Grantee’s wires, cables, or other equipment.Grantee shall provide prior notice to the affected property owner and in the case of City ownedproperty the Grantee shall notify the City prior to such trimming.113.13 USE OF GRANTEE’S EQUIPMENT BY FRANCHISING AUTHORITY. Subjectto any applicable State or Federal regulations or tariffs, the franchising authority shall have theright to make additional use, for any public purpose, of any poles or conduits controlled ormaintained exclusively by or for the Grantee in any public way; provided that (a) such use by thefranchising authority does not interfere with a current or future use by the Grantee; (b) thefranchising authority holds the Grantee harmless against and from all claims, demands, costs, orliabilities of every kind and nature whatsoever arising out of such use of said poles or conduits,including but not limited to, reasonable attorney’s fees and costs. Grantee may further useprivate property upon written consent of the owner and in furtherance of such activities withinthe City as may now or hereinafter be consistent with generally accepted principles applicable tothe operation of a cable television system subject, however, to the following restrictions:1.The Grantee shall comply with all Federal and State laws, rules or regulations asmay now or hereinafter be applicable thereto. Grantee shall comply with any covenantsor regulations as pertain to the installation and placement of cable service at multi-unitdwellings.CODE OF ORDINANCES, DEWITT, IOWA

CHAPTER 113CABLE TELEVISION FRANCHISE AND REGULATIONS2.The Grantee shall not use or occupy or permit public property or private propertyto be used or occupied or do or permit anything to be done on or about public property orprivate property which will, in any manner:A.Impair the owner’s interest in or title thereto;B.Impair the mortgage or lease as may now or hereinafter be applicablethereto;C.Adversely affect the then value or character thereof;D.Cause or be likely to cause structural damage thereto, or any part thereof;E.Cause or be likely to cause any damage or injury to any utility serviceavailable thereto;F.Create a public or private nuisance, cause any offensive or obnoxiousvibration, noise, odor, or undesirable effect or interfere with the safety, comfort orconvenience of the owner thereof, and persons lawfully on or about the same;G.Violate the rules, regulations and requirements of any person furnishingutilities or services thereto; orH.Make void or voidable any insurance then in force affecting the same orcause an increase in the rates applicable thereto;I.The Grantee shall at all times comply with any covenants of record andregulations imposed by the condominium owner groups and/or multiple unitdwelling units as pertain to the installation of cable service.113.14 SAFETY REQUIREMENTS. Construction, installation, and maintenance of the cablesystem shall be performed in an orderly and workmanlike manner. All such work shall beperformed in accordance with applicable FCC or other Federal, Sate, and local regulations. Thecable system shall not endanger or interfere with the safety of persons or property in the servicearea.113.15 AERIAL AND UNDERGROUND CONSTRUCTION. In those areas of the Citywhere transmission or distribution facilities of both telephone and power companies areunderground, the Grantee shall likewise construct, operate, and maintain all of its transmissionand distribution facilities underground to the maximum extent the then existing technologypermits, in accordance with the most recent national Electrical Code as adopted by the City, andtheir successor documents, as well as in conformance with all applicable State and municipalordinances and codes passed pursuant to the City’s lawful police powers. If and when necessary,CODE OF ORDINANCES, DEWITT, IOWA

CHAPTER 113CABLE TELEVISION FRANCHISE AND REGULATIONSamplifiers and/or transformers in the Grantee’s transmission and distribution lines may be inappropriate housings on the surface of the ground. Such housings and the location andconstruction of all work required or pursuant to this section shall be approved in advance by thepersons designated by the City. Even when not required, underground installation is preferableto the placing of additional poles.113.16 REQUIRED EXTENSIONS OF SERVICE. It shall be the obligation of Grantee toserve all residents of the City except to the extent that the density of homes, adverse terrain orother factors render providing service impracticable, technically infeasible or economicallynoncompensatory. For purposes of determining compliance with the provisions of the section,and to provide for a reasonable and nondiscriminatory policy governing extensions of cableservice within the City, whenever Grantee shall receive a request for service from at least eight(8) residences within 1,320 cable-bearing strand feet (one-quarter cable mile) of its trunk ordistribution cable, it shall extend its cable system to such residences at no cost to said subscribersfor system extension, other than the usual connection fees for all subscribers. In the event theabove requirements are met, the Grantee will provide service to new subscribers within ninety(90) days of a request for service absent circumstances beyond the control of the Grantee.113.17 SUBSCRIBER CHARGES FOR EXTENSIONS OF SERVICE. No subscribers shallbe refused service arbitrarily. However, for unusual circumstances, such as a subscriber’srequest to locate the cable drop underground, and the existence of more than one hundred fifty(150) feet of distance from distribution cable to connection of service to subscribers, or a densityof less than eight (8) residences per 1,320 cable-bearing strand feet of trunk or distribution cable,cable service or other service may be made available on the basis of a capital contribution in aidof construction, including cost of material, labor, and easements. For the purpose of determiningthe amount of Capital contribution in aid of construction to be borne by Grantee and subscribersin the area in which cable service may be expanded, Grantee will contribute an amount equal tothe construction and other costs per mile, multiplied by a fraction whose numerator equals theactual number of potential subscribers per 1,320 cable-bearing strand feet of its trunk ordistribution cable, and whose denominator equals eight (8) subscribers. Potential subscriberswill bear the remainder of the construction and other costs on a pro rata basis. Grantee mayrequire that the payment of the capital contribution in aid of construction borne by such potentialsubscribers be paid in advance.113.18 SERVICE TO PUBLIC BUILDINGS. The Grantee shall provide without charge, basicservice to the franchising authority’s office building(s), fire station(s), police station (s), publicand private school building(s) that are within 150 feet of its cable system. No monthly servicecharges shall be made for distribution of the Grantee’s signals within such buildings. Granteeshall not charge for service to additional outlets at the indicated locations. Such installationsshall be made at such reasonable locations as shall be requested by the respective units ofgovernment or educational institutions. Any charge for relocation or additional installationsshall be made at actual cost. The outlets of basic cable service shall not be used to sell cableCODE OF ORDINANCES, DEWITT, IOWA

CHAPTER 113CABLE TELEVISION FRANCHISE AND REGULATIONSservices in or throughout such buildings. Users of such outlets shall hold Grantee harmless fromany and all liability or claims arising out of their use of such outlets, including but not limited to,those arising from copyright liability. The Grantee will afford a not for profit hospital within thecity the election of obtaining basic service for all rooms at the flat rate of thirty dollars ( 30.00)per month subject to an adjustment to be agreed upon in the event of an expansion in the numberof rooms from that existing at the commencement of the franchise.113.19 TECHNOLOGY REQUIREMENTS. The Grantee is encouraged to upgrade itsfacilities, equipment and service so that its system is as advanced as the current state ofproduction technology will allow. Such new developments should be a topic of discussion at allreview sessions and any requests for extensions and renewals of the existing franchise.113.20 TELECAST OF EDUCATIONAL ACTIVITIES. The Grantee shall not cablecast,tape, reproduce or otherwise convey to its subscribers the activities of any recognizededucational authority, public or private, without the written consent of the governing body ofsuch authority.113.21 PROGRAM ALTERATION. Any signal received by the Grantee from a televisionbroadcast station shall be cablecast by the Grantee in its entirety, as received, without alterationexcept as otherwise provided by law.113.22 CHANNEL CAPACITY AND PERFORMANCE. During the term of the franchise,the cable television system of the Grantee shall conform to the channel capacity and performancerequirements contained in the then current regulations of the FCC as well as any additionalrequirements imposed in the instant ordinance. The City will have access to any compliancetesting results at the premises of Grantee in Clinton, Iowa as soon as complete.113.23 EMERGENCY OVERRIDE. In the case of any emergency or disaster, the Granteeshall, upon request of the franchising authority, make available its facilities for the franchisingauthority to provide emergency information and instructions during the emergency or disasterperiod. The franchising authority shall hold the Grantee, its agents, employees, officers, andassigns hereunder, harmless from any claims arising out of the emergency use of its facilities bythe franchising authority, including, but not limited to, reasonable attorney’s fees and costs.113.24 SUBSCRIBER CREDIT FOR SERVICE INTERRUPTION. Upon serviceinterruption for subscriber’s cable service, the following shall apply:1.For service interruptions of over four (4) hours and up to seven (7) days, theGrantee shall provide, at the subscriber’s request, a credit of one-thirtieth (1/30) of onemonth’s fees for affected services for each 24-hour period service is interrupted for four(4) or more hours for all affected subscribers.2.For interruptions of seven (7) days or more in one month, the Grantee shallprovide, at the subscriber’s request, a full month’s credit for affected services for allaffected subscribers.CODE OF ORDINANCES, DEWITT, IOWA

CHAPTER 113CABLE TELEVISION FRANCHISE AND REGULATIONS3.Inferior reception quality: Within forty-eight (48) hours, including weekends, ofreceiving a request for service identifying a problem concerning picture or sound quality.Grantee shall be deemed to have responded to a request for service under the provisionsof this section when a technician arrives at the service location and begins working on theproblem. In the case of a subscriber not being home when the technician arrives,response shall be deemed to have taken place if the technician leaves written notificationof arrival.4.Notification of service interruption to franchising authority. The Grantee shallpromptly notify the City Administrator, in writing, or if appropriate, by oralcommunication, of any significant interruption in the operation of the system. For thepurposes of this section, a “significant interruption in the operation of the system” shallmean any interruption of sound or picture on more than one channel of a duration of atleast four (4) hours to at least five (5) percent of the subscribers.113.25 FRANCHISE FEE. As compensation for the franchise granted herein and inconsideration for the use of the streets and public ways of the City for the construction,operation, maintenance, and reconstruction of a system within the City, the Grantee shall pay tothe City an annual amount equal to three percent (3%) of annual gross revenues (as defined inSection 113.01) from all sources attributable to or derived from the operations of the Granteewithin the City during the preceding calendar year. All funds due to the City pursuant to thissubsection shall be deposited into the general fund of the City. Payment due to the City underthis provision shall be made quarterly at the Clerk’s office not later than 45 days followingMarch 31, June 30, September 30 and December 31 each year. Any fee not paid when due shallbear interest at the rate of one and one-half (1.5%) per month from the date due. Each paymentshall be accompanied by a detailed report showing the basis for the computation, the specificincome categories and such other relevant facts as may be required by the City. The acceptanceof any payment shall not be construed as an accord that the amount paid is, in fact, the correctamount; nor shall such acceptance of payment be construed as a release of any claim the Citymay have for additional sums payable by the Grantee. All amounts paid shall be subject to auditand recomputation by the city. The City shall be allowed to adjust the amount of the franchisefee upon six (6) months advance notice to Grantee. At no time, however, will the franchise feepaid exceed five (5%) percent of gross revenues.113.26 RENEWAL OF FRANCHISE. The franchising authority and the Grantee agree thatany proceedings undertaken by the franchising authority that relate to the renewal of thegrantee’s franchise shall be governed by and comply with the provisions of Section 626 of theCable Act (as such existed as of the effective date of the Cable Act), unless the procedures andsubstantive protections set forth therein shall be deemed to be preempted and superseded by theprovisions of any subsequent provision of Federal or State law. The grantee and franchisingauthority agree that at any time during the term of the then current franchise, while affording thepublic appropriate notice and opportunity to comment, the franchising authority and Granteemay agree to undertake and finalize negotiations regarding renewal of the then current franchiseand franchising authority may grant a renewal thereof. The Grantee and the franchisingauthority consider the terms set forth in this section to be consistent with the express provisionsof Section 626 of the Cable Act.CODE OF ORDINANCES, DEWITT, IOWA

CHAPTER 113CABLE TELEVISION FRANCHISE AND REGULATIONS113.27 TRANSFERS AND ASSIGNMENTS OF FRANCHISE.1.Grantee’s right, title, or interest in the franchise shall not be sold, transferred,assigned, or otherwise encumbered, other than to an entity controlling, controlled by orunder common control with the Grantee, without the prior consent of the franchisingauthority, such consent not to be unreasonably withheld. No such consent shall berequired, however, for a transfer in trust, by mortgage, by other hypothecation, or byassignment of any rights, title, or interest of Grantee in the Franchise or cable system inorder to secure indebtedness. Within 30 days of receiving the request for transfer, thefranchising authority shall, in accordance with FCC rules and regulations, notify theGrantee in writing of the information it requires to determine the legal, financial andtechnical qualifications of the transferee.2.It shall be a violation of the franchise for any individual or group of individualsacting in concert to formally or informally authorize any other individual or group ofindividuals to act as their nominee or to mislead the Council in any way in regard to thesale, transfer or disposition of interest in or control of the Grantee.3.No franchise granted hereunder may be transferred without approval of theCouncil, by resolution, after public notice and hearing, such consent not to beunreasonably withheld. Any transfers made without prior Council approval shallconstitute a violation of the franchise and of this chapter.4.The restrictions of this section shall be effective immediately upon execution ofthe franchise agreement.5.Any new Grantee shall be obligated to comply with all provisions of thefranchise.113.28 CANCELLATION, EXPIRATION. Upon cancellation and revocation for cause, orexpiration and upon denial of renewal of the franchise, the City shall have the right to purchasethe system for a price equal to its fair market value. Fair market value shall be determined by anindependent organization acceptable to both parties in accordance with generally accepted cableappraisal and accounting practice. The original cost of all tangible and intangible property, aswell as salvage value, the book value, replacement cost, cash flow, and other factors may beconsidered. However, under no circumstance shall any valuation be made for any right orprivilege granted pursuant to this franchise. If a dispute should arise over the determination ofthe fair market value of the system, said value shall be determined by an impartial arbitrationprocedure wherein the Grantee and the City shall each choose an arbitrator, then the arbitratorschosen shall choose a third, and the valuation determined by said arbitrators shall be consideredthe fair market value at which the system will be offered to the City. The cost of the arbitrationprocedure shall be shared equally by the City and Grantee. If the City elects to purchase thesystem the Grantee shall promptly execute all documents necessary to transfer title to licenses,permits, and any other rights necessary to maintain continuity of se

CABLE TELEVISIONS FRANCHISE AND REGULATIONS 113.01 Definition of Terms 113.26 Renewal of Franchise 113.02 Grant 113.27 Transfers and Assignments of 113.03 Term Franchise . "Franchising Authority" means the City of DeWitt, Iowa, or the lawful successor, transferee, or assignee thereof. 9. "Grantee" means Clinton Cable Vision, or the .