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Title of Ordinance (Continued) AGBLFASE PRINT) Chief Innovation Officer Name of Interested Party. Office of Innovation and Technology Address: Philadelphia, Pa 19107 City, State rere aa Ts Te 150$67 AN ORDINANCE Authorizing the City's Managing Director or his designee to enter into a cable television franchise renewal agreement with COMCAST OF PHILADELPHIA, LLC and COMCAST OF PHILADELPHIA I, LLC, renewing the cable television franchises granted by the City to Comcast for Franchise Areas I, Il, 1 and IV, under certain terms and conditions. ORDINANCE Authorizing the City’s Managing Director or his designee to enter into a cable television franchise renewal agreement with COMCAST OF PHILADELPHIA, LLC and COMCAST OF PHILADELPHIA II, LLC, renewing the cable (elevision franchises granted by the City to ‘Comcast for Franchise Areas I, Il, III and IV, under certain terms and conditions. WHEREAS, Comcast holds franchises authorizing it to own, operate and maintain a Cable System, as defined in the Communications Act of 1934 (the “Communications Act” or “Act”), as amended, in and along the public rights-of-way and streets of the City for the purpose of providing Cable Service, as defined in the Act, in each of Franchise Areas I, II; III and IV; and WHEREAS, the Act provides that the City may require that Comcast obtain a cable franchise from the City as a condition of its operating such a Cable System and furnishing such Cable Service over the system in the City; and WHEREAS, Chapter 11-700 of The Philadelphia Code requires that Comcast hold a cable franchise from the City before operating a Cable System or providing Cable Service in the City, and further provides that the Council of the City of Philadelphia must approve any such franchise or its renewal by ordinance; WHEREAS, Comcast has applied for and the City wishes to grant renewal of the cable franchises Comcast holds in Franchise Areas 1, II, IIT and IV; and WHEREAS, Council, by advertising and holding public hearings on this ordinance has afforded the public adequate notice and an opportunity to comment on the proposed renewal of Comcast cable franchises; now, therefore, THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. The City’s Managing Director ot his designee is hereby authorized to enter into a franchise renewal agreement pursuant to Which the cable television fianchises held by COMCAST OF PHILADELPHIA, LLC and COMCAST OF PHILADELPHIA II, LLC (“Comeast”), are renewed, granting Comeast the right to own, operate and maintain a Cable ‘System (as defined in the Communications Act) in and along the public rights-of-way and streets of the City, in each of Franchise Areas I, I, II and IV, and to operate and maintain a Cable Service (as defined in the Act) over such Cable System, subject to Section 2 of this ordinance. SECTION 2. The franchise renewal agreement authorized by Section 1 of this ordinance shall contain substantially the terms set forth in Exhibit "A" hereto, with such changes as the City Solicitor deems necessary or appropriate to protect the interest of the City; provided, that the City’s Managing Director or his designee is authorized to negotiate and agree with Comcast, in his discretion, terms requiring Comeast to furnish (o the City an Institutional Network, as defined in the Communications Act, or its equivalent, and, subject to the City Solicitor’s approval, to incorporate such terms in the franchise renewal agreement authorized by Section 1 SECTION 3. The Chief Clerk of Council shall keep all exhibits to this ordinance on file and make them available to the public for inspection and copying during regular office hours. Bill No. Comcast Cable Television Franchise Renewal EXHIBIT A TERM SHEET 1. Subject: Renewal of the cable television franchises granted by the City to Comeast in each of Franchise Areas I, Il, IM and IV within the City: principal terms to be set forth in the franchise renewal agreement between Comeast and the City (Franchise Agreement or Agreement). 2. Term of renewal franchise: 15 years. 3. Customer Service Standards: Enhanced customer service standards including: appropriate liquidated damages performance security for non-compliance with service requirements; automatic credits to subscribers for delayed service calls and for outages of more than 24 hours; advanced notice of expiration of special package/promotional pricing; enhanced reporting requirements for complaints, call answering statisties to monitor compliance, 4, Franchise Fee: Maximum permitted by federal law, ic. 5 percent of Comeast’s “gross revenues” from providing cable service within the City, as defined in the Franchise Agreement, to be paid quarterly throughout the term; “gross revenues” definition to be expanded to include additional revenue categories. 5. Public, educational and governmental access (PEG) funding: Total PEG funding of $18 million for the term, 6. PEG Channels: 11 channels total - 4 public access channels (PhillyCAM); 2 governmental access channels (Channels 63 and 64); $ educational aecess channels (1 each for SDP, Community College of Philadelphia, Drexel University, Temple University, and LaSalle University); 2 channels initially in HD — 1 publie access, 1 governmental access; standard definition channels to be retained until system is all HD, then SD retumed to Comeast; PEG channel quality to match that of commercial channels, 7. PEG Video on Demand (VOD) capacity: 20 hours VOD capacity for all PEG channels, available in HD or SD, hours allocated in City’s discretion sufficient to meet channel needs, 8. Institutional Network: A dark fiber and/or managed services network provided by Comcast, as determined by the City’s Chief Innovation Officer (CIO), on specific terms to be negotiated by the CIO with Comeast; network to provide data transport to more than 200 city locations; network use to be used for governmental purposes without restriction. Bill No.__ Comcast Cable Television Franchise Renewal 9. Remediation of cable plant code violations: Comcast to carry out comprehensive City- wide effort to inspect, identify and repair violations of the National Electrical Safety Code and/or National Eleeirical Code in its cable plant city-wide (including poles, cables, cable drops, equipment in pedestals, etc.); remediation to be completed within 18 months!, with liquidated damages and appropriate performance security for failure to meet completion date; monthly progress reports and City certification of completion required.