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EDWARDS AFB CATV FRANCHISE AGREEMENT
1. Contract Number: 2. Date RFP Issued: 3. Authority:
FO4700-94-D-0011 14 Mar 94 47 U.S.C. 541
16 U.S.C. 420
AFR 70-3
4. Issued By: 5. Administered By:
Department of the Air Force Same as Block 4
Air Force Flight Test Center (AFMC)
Directorate of Contracting, PKAD
5 S Wolfe Avenue
Edwards AFB CA 93524-1185
6. Area of Coverage:
Edwards AFB CA
OFFER
THE UNDERSIGNED AGREE, IF THIS OFFER IS ACCEPTED WITHIN __ CALENDAR DAYS (60
CALENDAR DAYS UNLESS A DIFFERENT PERIOD IS INSERTED BY THE OFFEROR), TO FURNISH
CATV SERVICES TO THE AREA SPECIFIED AT BLOCK 6 IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THIS FRANCHISE AGREEMENT ATTACHED HERETO.
7. OFFEROR - NAME, ADDRESS 8. NAME AND TITLE OF PERSON
AND PHONE NUMBER: AUTHORIZED TO SIGN OFFER:
Cable TV Fund 12-BCD Venture/ RUTH E. WARREN
Jones Intercable Inc. Group Vice President of Operations
41551 Tenth Street West
Palmdale CA 93551
(805) 947-3130
9. SIGNATURE: 10. DATE: 8/23/94
/s/ JOHN C. LEMACKS /s/ RUTH E. WARREN
11. NAME OF CONTRACTING OFFICER: 12. UNITED STATES OF AMERICA:
JOHN C. LEMACKS
13. DATE OF AWARD:
24 AUG 1994
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TABLE OF CONTENTS
SECTION A. GENERAL PROVISIONS
1. Scope of Agreement
2. Definitions
3. Recognition of Unique Circumstances
4. Transfer of Rights
5. Limitations
6. Solicitation
7. Term of Agreement
8. Renewal
9. Termination for Default
10. No Government Liability on Expiration or Termination for
Default
11. Termination for Convenience of the Government
12. Government Acquisition of the Cable System
13. Operation After Expiration or Termination
14. Removal of Facilities
15. Franchise, Pole Rental, or Similar Fees
16. Rate Regulation
17. Rates for Cable Service
18. Adjustments in Rates
19. Disconnections
20. Insurance, Indemnification, and Liability
21. New Developments
22. Contracting Officer as Common Agent
23. Headings
24. Sever ability
25. Clauses Incorporated by Reference
SECTION B. STATEMENT OF WORK
Subsection B.1 General Requirements
26. Scope of Work
27. Safety and Security
28. Personnel
29. Channel Capacity
30. Services and Programming
31. Program Guide
32. Government Access Channel[s]
33. Educational Access Channel[s]
34. Rules for Access Channel Use
35. Emergency Override
36. Control Lock
37. Ethernet
Subsection B.2 Construction, Installation, and Maintenance
38. Construction Schedule
39. Construction and Installation Approval
40. Cable Facilities
41. Construction Standards
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Subsection B.3 Technical Requirements
42. Technical Standards
43. Measurements and Testing
44. Inspection
Subsection B.4 Service Standards and Subscriber Relations
45. General Standard
46. Performance Evaluations
47. Business Office
48. Billing
49. Service and Repairs
50. Complaints
51. Interruption of Service
52. Privacy
53. Information to Subscribers
Subsection B.5 Applicable Technical Orders, Specifications, Regulations
and Manuals
54. Documents Incorporated by Reference
SECTION C. GOVERNMENT FURNISHED PROPERTY AND SERVICE
APPENDIX A. Installation Guidelines
APPENDIX B. Rules of Practice and Procedure for Cable Television Franchise
Renewal Proceedings
APPENDIX C. Contract Clauses
APPENDIX D. Cable Service Rates
APPENDIX E. Ethernet Rates
APPENDIX F. Television Channel Line-up
APPENDIX G. FCC Customer Service Obligations
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SECTION A. - GENERAL PROVISIONS
1. SCOPE OF AGREEMENT. This Agreement provides the terms under which the
Contractor is granted a non-exclusive right to enter the Base for the sole
purpose of providing the cable television and other telecommunication services
enumerated herein, and any additional services required by changes to this
Agreement. Subject to the conditions and limitations set forth in this
Agreement, the non-exclusive right to enter the base includes the right to
construct, install, maintain, and operate the facilities and equipment
necessary to provide the cable television services enumerated herein.
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2. DEFINITIONS:
a. "Agreement" means this agreement, together with the Schedules and
Exhibits attached hereto, and all modifications, amendments, renewals, and
extensions hereof.
b. "Base" means Edwards Air Force Base, California and the geographic
area subject to the control of the base commander, including government-owned
housing and government facilities outside of the base perimeter.
c. "Limited Basic tier" or "basic service" means the minimum service
available to all subscribers including, but not limited to government, and
educational access channels, the retransmission of locally broadcast television
signals, mandatory carriage signals and such other services as the FCC may
mandate or this Agreement may include subject to applicable law.
d. "Tier 1 Service" means that level or levels of basic service beyond
the limited basic tier, but not including premium or pay per view services.
e. "Cable system" or "cable television system" or "system" means a
system designed to receive, transmit, amplify and distribute television, radio,
and satellite signals, data, telecommunications, and electronic communications,
including all of the facilities and equipment necessary to deliver such
signals, data, and communications to the subscribers of the system.
f. "Commencement of Construction" means the actual start date of
construction needed to expand the cable television system and services.
g. "Completion of Construction" means the date all construction
required under this contract must be completed by.
h. "Contracting Officer" means a person with the authority to enter
into, administer, and or terminate contracts and make related determinations
and findings. The term includes certain authorized representatives of the
Contracting Officer acting within the limits of their authority as delegated
by the Contracting Officer.
i. "Contractor" means Cable TV Fund 12-BCD Venture doing business as
Jones Intercable 41551 10th Street West, Palmdale, California.
j. "FAR" means the Federal Acquisition Regulation, or any superseding
regulation.
k. "FCC" means the Federal Communications Commission.
l. "Ownership" means actual working control in whatever manner
exercised.
m. "Quality Assurance Evaluator" means a representative of the
Contracting Officer who performs in conformance with Federal law, surveillance
of, or other quality assurance activities associated with the services provided
under this Agreement.
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n. "Subscriber" means any person or entity who lawfully purchases or
receives service from the Contractor.
o. "Rate" means any fee or charge for any service, including
installation and connection, provided by the Contractor.
3. RECOGNITION OF UNIQUE CIRCUMSTANCES:
a. In entering this Agreement and accepting the rights and obligations
established hereunder, the Contractor recognizes that the Base is a military
installation serving the national defense and that the government will not
permit the construction, installation, and maintenance of a cable television
system and the provision of cable television service to interfere with the
military mission of the Base.
b. The Contractor further recognizes that changes in the activities of
the Base may occur from time to time throughout the term of this Agreement and
that such changes may require changes in the operation of the cable system,
including, but not limited to, the removal or relocation of any of the
Contractor's facilities and equipment or the removal of the entire system and
termination of this Agreement. The Contractor's exclusive rights with respect
to any such termination or changes that may be required by the government are
set forth in this Agreement and pursuant to appropriate Federal law.
c. In conformance with Federal law and Air Force Regulation AFR 70-3,
the Contractor further recognizes that the construction, installation,
maintenance and operation of the cable system on the Base may be subject to
requirements and approvals not ordinarily imposed by civilian franchising
authorities. The Contractor agrees to abide by all applicable regulations and
to obtain all required approvals as specified in this Agreement or as directed
by the Government.
d. The Contractor further recognizes that the location, size, and
military activities of the Base may limit the availability of video programming
sources and that the potential subscribers to the Contractor's service include
military members who are required to reside on the Base, who are periodically
transferred at the discretion of the Government to other military
installations, and who may not have access to, or be permitted to utilize
alternative television signal reception systems, such as satellite antennae.
The Contractor further recognizes that the Government provides for the welfare
and morale of Base military personnel and is concerned with the quality, and
cost of services that may enhance the quality of life on the Base, including
cable television service.
4. TRANSFER OF RIGHTS. This Agreement and the rights granted hereunder cannot
be transferred, leased, assigned, or disposed of in any way including, but not
limited to, either voluntary or involuntary sale, merger, consolidation,
receivership, or other means, including transfer of ownership of the
Contractor, without the prior written consent of the Contracting Officer which
consent shall not be unreasonably withheld. This provision shall not prevent
the assignment of accounts receivable or mortgages, deeds of trust, or other
financing instruments to secure indebtedness.
5. LIMITATIONS. Except as provided in this agreement, "Termination for
Convenience of the Government", this Agreement does not obligate the Government
for any costs incurred by the Contractor in exercising its right to enter the
Base or for any costs incurred by the Contractor in fulfilling its obligations
under this Agreement. This Agreement does not obligate the Government or any
individual to purchase or subscribe to cable television services provided by
the Contractor and neither this Agreement nor any separate agreement providing
for the subscription or purchase of cable television services provided by the
Contractor shall prohibit the Government or any individual from using any other
television signal reception system, including any Government or privately owned
cable television system.
6. SOLICITATION. Subject to such time, place and manner restrictions as may be
established by the Base Commander, the Contractor shall have the right to enter
the Base to solicit subscribers, including individuals, nonappropriated fund
activities, and appropriated fund activities. In soliciting subscribers, the
Contractor will not offer its services as
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an officially sanctioned or recommended benefit, or in any other way convey the
impression that subscription is other than voluntary.
7. TERM OF AGREEMENT. This Agreement will take effect on 1 Oct 94. Unless
terminated in accordance with paragraph 9 or paragraph 11, this Agreement will
expire on 30 Sep 2004, 10 years from effective date.
8. RENEWAL:
a. In accordance with Federal law, between the 36th month and the 30th
month before the expiration date set forth in paragraph 7 of this Agreement,
the Contractor shall notify the Contracting Officer, in writing, of its
intention to seek a renewal of this Agreement. The Contractor's failure to
provide such notice within the prescribed 6-month period shall constitute an
irrevocable waiver of the Contractor's rights, arising under this Agreement or
any federal law or regulation, to seek renewal of this Agreement
b. In the event that the Contractor provides notice within the
prescribed 6-month period of its intention to seek renewal, the Government
shall consider renewal of this Agreement in accordance with the procedures
required by federal law and Air Force regulation or, in the absence of such law
or regulation, in any such manner as the Government may determine. However,
nothing herein shall prohibit the parties from negotiating a renewal pursuant
to the informal procedures specified in 47 U.S.C.A. 546(h).
c. Except in so far as the Government agrees to consider renewal in
accordance with applicable federal law, this Agreement provides no right to
renewal and the Government may deny renewal for any good faith reason
consistent with federal law and in compliance with all notification procedures
specified under Federal law.
d. In the event that this Agreement is terminated in accordance with
paragraph 9 or paragraph 11, the Contractor shall have no right to renewal on a
noncompetitive basis.
e. Any and all of the terms of this Agreement may be modified or
deleted and any new terms added upon renewal. The Government may condition
renewal upon the Contractor's accepting any change in the terms of this
Agreement consistent with federal law, including changes requiring the
Contractor to upgrade and make improvements.
9. TERMINATION FOR DEFAULT:
a. The Government may terminate this Agreement at any time by written
notice to the Contractor upon the occurrence of any one or more of the
following events:
(1) The Contractor becomes insolvent or is adjudged bankrupt
or is unable or unwilling to pay its debts, including any refunds owed to
subscribers.
(2) The Contractor attempts to transfer the rights granted by
this Agreement in violation of paragraph 4, "Transfer of Franchise Rights."
(3) The Contractor is placed on the Lists of Parties Excluded
from Federal Procurement or Nonprocurement Programs issued by the General
Services Administration.
(4) The Contractor abandons the cable system, in whole or in
part, without the prior written consent of the Contracting Officer.
(5) Misrepresentation of fact by the Contractor in the
application for or negotiation of the this franchise agreement.
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(6) The Contractor violates any of the (i) material terms,
conditions, or provisions of this Agreement, or (ii) repeated violations of the
same nonmaterial term, condition, or provision of this agreement and, after
receiving notice of such violation from the Contracting Officer, the Contractor
fails to correct such violation within a reasonable period of time as
determined by the Contracting Officer.
b. THE CONTRACTOR RECOGNIZES THAT FAILURE TO COMPLY WITH THE FCC
CUSTOMER SERVICE STANDARDS, IDENTIFIED AT APPENDIX G,_ MAY BE GROUNDS FOR
TERMINATION OF THIS AGREEMENT.
10. NO GOVERNMENT LIABILITY ON EXPIRATION OR TERMINATION FOR DEFAULT. Other
than any judicial, legal or regulatory remedies which may be available to the
Contractor, if the Government terminates this Agreement pursuant to paragraph
9, or if this Agreement expires pursuant to paragraph 7, the Contractor shall
not be entitled to any payment from the Government for any expense or cost
incurred by the Contractor in constructing, installing, maintaining, or
operating the cable system or for any other cost or expense incurred by the
Contractor in the exercise of its rights under this Agreement.
11. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT. The Contracting Officer,
by written notice, may terminate this Agreement for convenience of the
Government, in whole or in part, when it is in the Government's interest. If
this Agreement is terminated for convenience of the Government, the rights,
duties, and obligations of the parties, including compensation to the
Contractor, shall be in accordance with Part 49 of the FAR and all applicable
laws and remedies.
12. GOVERNMENT ACQUISITION OF THE CABLE SYSTEM. In the event of a national
emergency, the Government may require the Contractor to transfer ownership and
possession of the cable system, including all subscriber records, to the
Government. If such transfer is required, the Contractor shall be entitled to
the fair market value of the cable system, including, but not limited to, the
value of the this franchise in accordance with Federal law.
13. OPERATION AFTER EXPIRATION OR TERMINATION. If this agreement expires
without renewal or is terminated for any reason, the Contractor, if directed by
the Contracting Officer, shall continue to operate and maintain the cable
system pursuant to the terms of this Agreement for such period as the
Government may require, but not more than 6 months.
14. REMOVAL OF FACILITIES. If this Agreement expires without renewal or is
terminated in accordance with the terms of this agreement, the Government may
require the Contractor to remove from the Base, at the Contractor's expense,
all equipment, facilities, and materials of the cable system, and to restore
Government and private property to its previous condition.
15. FRANCHISE, POLE RENTAL, OR SIMILAR FEES:
a. To the extent permitted by Federal law, the Government may require
the Contractor to pay a reasonable franchise fee, pole or conduit rental fee,
and any other reasonable fee for the use of Government property or for the cost
of administering this franchise. In consideration for the rights granted by
this Agreement, the Contractor agrees to pay any such fee required by the
Government. The Government shall provide written notice to the Contractor 180
days before the effective date of any such fee.
b. To the extent permitted under Federal law, if the Contractor owns
or operates a cable system in a civilian community adjoining or within 50 miles
of the Base, the Contractor agrees that if the Government does not impose the
fees permitted under subparagraph a, the rates set forth in Appendix D of this
Agreement shall be lower than the rates charged in such civilian community by a
percentage equal to the percentage of the Contractor's gross revenues paid as
any of the fees set forth in subparagraph a to such civilian community, or its
franchising authority, less the percentage of any such fees imposed by the
Government, plus any authorized FCC external costs related to the Contractors
operation of the cable system on the base. If, for example, the adjoining
civilian community imposes a 5 percent franchise fee, and the Government does
not impose any franchise fee, the rates set
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forth in Appendix D shall be 5 percent lower than rates for similar service
charged by the Contractor in the adjoining community. If the Contractor does
not own or operate a cable system in a civilian community adjoining or within
50 miles of the Base, the contractor agrees that the rates set forth in
Appendix D of this Agreement will be maintained at a level reflecting the
extent to which the Government refrains from exercising its rights under
subparagraph a. The Contractor agrees to provide to the Government upon request
a list of rates charged by the Contractor in civilian communities and the amount
of franchise and similar fees charged by those communities.
c. The Contractor agrees that the obligations set forth in
subparagraph b, do not constitute regulation of rates, and that such
obligations are assumed by the Contractor in recognition of the unique
circumstances of providing cable service to a military installation and as
consideration for the rights granted to the Contractor by this Agreement.
d. The provisions of this paragraph do not apply to fees for
utilities, including electricity, gas, sewage, disposal, water, and telephone
service. The Contractor shall compensate the Government for the actual cost of
utilities supplied to the Contractor in the form of lower cable rates.
16. RATE REGULATION:
a. To the extent permitted by federal law, the Government without
further notice may regulate rates charged by the Contractor.
b. Rates for the following services are subject to regulation:
(1) Installation or rental of equipment which facilitates the
reception of cable service by hearing impaired individuals.
(2) Cable Service
17. RATES FOR CABLE SERVICE. All of the rates charged by the Contractor,
including connection charges, shall be set forth in Appendix D of this
Agreement. The Contractor may not increase the rates set forth in Appendix D,
except as provided in paragraph 18.
18. ADJUSTMENTS IN RATES:
a. The Contractor may unilaterally adjust all rates set forth in
Appendix D that are not subject to regulation, provided that:
(1) At least 60 days before the effective date of any increase
in rates the Contractor submits to the Contracting Officer a revised Appendix D
setting forth the new rates and, at least 60 days before the effective date of
any such increase, the Contractor provides written notice of such increase to
all subscribers; and,
(2) Service fees are uniform as to all subscribers and
connection fees are uniforn within the categories in Appendix D; and,
(3) The adjustment is otherwise consistent with this Agreement.
b. Except in conformance with Federal law, the Contractor shall not
increase rates subject to regulation without the express written consent of the
Contracting Officer, which consent shall not be unreasonably withheld;
provided, however, that nothing herein shall preclude the Contractor from
unilaterally adjusting its rates in conformance with FCC regulations subject to
the notification provisions specified in this section. The Contracting Officer
shall exercise reasonable judgement in its decision to grant or deny a rate
increase considering the following factors: the Contractor's ability to render
service and to derive a reasonable profit therefrom under the existing and
proposed rate schedule; the revenues and profits derived from the service for
which the increase is requested; the quality of the services offered by the
Contractor; the cost of the equipment used to provide the service; the extent
to which the Contractor has complied with this Agreement; and the fairness of
the proposed rates to current and potential subscribers.
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19. DISCONNECTIONS. Except in conformance with Federal law, the Contractor may
not charge any subscriber for disconnection from the cable system. If a
subscriber has prepaid its monthly service charge and is not delinquent in any
fees, then the subscriber shall be entitled to a prorated refund for service
during the month in which the disconnection occurs. Before reconnection, the
Contractor may require full payment of any prior delinquent fees from any
subscriber requesting reconnection.
20. INSURANCE, INDEMNIFICATION, AND LIABILITY:
a. The Contractor shall at all times maintain in full force and effect
a policy or policies of insurance. See Appendix C, Contract Clause 2.
b. The Contractor shall indemnify the Government against any and all
expenses, taxes, liabilities, claims and charges of whatever kind or nature
that may arise as a result of the activities of the Contractor or its agent or
employees, which results either contractually or from the negligence, gross
negligence, or intentional act of the Contractor.
c. The Contractor, at its expense, shall repair or replace, as
reasonably determined by the Government, any Government or private property
damaged or destroyed by the Contractor. If the Contractor fails to promptly
repair or replace any such property, the Government may repair or replace such
property and the Contractor shall be liable for the costs of such repair or
replacement.
21. NEW DEVELOPMENTS. The Contractor and Government recognize that, over the
term of this Agreement, cable television technology, the regulation of cable
television, and the programming services available for distribution will
undergo continual change; as a result of such change, the technology,
equipment, and services required by this Agreement may become obsolete,
uneconomical, or otherwise disadvantageous. The Contractor and the Government,
therefore, agree to consider in good faith proposals submitted by either party
for modification of this Agreement to permit the introduction of new equipment,
programming and technology or to otherwise improve cable television service to
the Base.
22. CONTRACTING OFFICER AS COMMON AGENT. The Contracting Officer may act as
common agent for all subscribers, including, individuals, non appropriated fund
activities, and appropriated fund activities, on all matters, including the
resolution of disputes concerning the Contractor's performance under any of
the terms or conditions of this Agreement. The Contracting Officer, however,
shall not act as collecting agent for fees due for services provided to
individuals and non appropriated fund activities, and the Government shall not
be liable for such fees. The Contractor will be reimbursed by the Government
for only those costs incurred for providing cable service to non-residential
buildings or areas, plus the applicable rate charged for the monthly cable
service, and only for which the Contracting Officer specifically has
authorized.
23. HEADINGS. The headings contained in this Agreement are to facilitate
reference only and shall not in any way affect the construction or
interpretation hereof.
24. SEVERABILITY:
a. Every provision of this Agreement is intended to be severable. If
any section, paragraph, sentence, clause, phrase, or other portion of this
Agreement is for any reason held illegal, invalid, or unconstitutional, or is
preempted by any federal law, rule, or regulation, such portion shall be deemed
a separate, distinct, and independent portion and such holding or preemption
shall not effect the validity of the remaining portions and provisions of this
Agreement.
b. If, in the determination of the Government and the Contractor, the
portions preempted or held illegal, invalid, or unconstitutional are in the
determination of the Government and the Contractor, material, then the
Government and the Contractor shall have the right to modify the remaining
provisions of this Agreement to comply with such preemption or holding and to
mitigate the effect of such holding or pre-emption.
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25. CLAUSES AND CERTIFICATIONS. See Appendix C.
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SECTION B - STATEMENT OF WORK
SUBSECTION B.1 GENERAL REQUIREMENTS
26. SCOPE OF WORK. The Contractor shall construct, install, operate, and
maintain a cable television system on the Base in accordance with the terms and
standards set forth in this Agreement. The cable system shall pass all
residences and shall be capable of providing service to all residences on the
Base and any other buildings set forth in this Agreement or designated by the
Contracting Officer.
27. SAFETY AND SECURITY. The Contractor shall conform to all safety and
security requirements and regulations applicable to contractor activity on the
Base. The Contractor shall exercise extreme caution when performing work in or
near family housing areas (See Appendix C, contract clause 3.).
28. PERSONNEL. The Contractor shall employ competent supervisory,
administrative, and direct labor personnel to accomplish the work required by
this Agreement. The Contractor shall not hire off-duty Air Force Quality
Assurance Evaluators or any other person whose employment would result in a
conflict of interest or would otherwise violate DoD Directive 5500.7 Joint
Ethics Regulation.
29. CHANNEL CAPACITY. The system shall provide a minimum of 72 channels (6 Mhz
or equivalent technology) capable of delivering to subscribers the entire VHF
and FM spectrums and selected portions of the UHF spectrum.
30. SERVICES AND PROGRAMMING:
a. The Contractor shall provide limited basic and Tier 1 service,
which will include all services required by the rules of the Federal
Communications Commission and any other federal law or regulation, educational
access channels, and governmental access channels, the retransmission of
locally broadcast television signals and, when applicable, ETHERNET two-way
connectivity. The limited basic and Tier 1 service to be provided, if
requested, to all subscribers at the rate set forth in Appendix D.
b. The Contractor shall provide educational, sports, entertainment,
news and public affairs programming.
c. The Contractor shall provide an initial Television Channel Line-up
as specified in Appendix F.
d. The Contractor shall provide a FM Stereo Channel Line-up.
31. PROGRAM GUIDE. The contractor shall provide an electronic daily programming
schedule to each subscriber listing, at a minimum, the time and channel for all
programs available to the subscriber.
32. COMMAND ACCESS CHANNEL:
a. As part of the consideration for the rights granted under this
Agreement and in recognition of the unique circumstances set forth in paragraph
3, the Contractor shall provide the Government one Command Channel on the
system for non-commercial use by the Government. The system shall be designed
and constructed to permit the Government to originate programming for the
Command Channel access from AFFTC Command Post facilities located on the Base.
b. The Contractor shall ensure the Government that the Command
Channel cannot be viewed outside of the Base.
c. The Contractor shall not be obligated by this Agreement to provide
program origination equipment to the Government for use in operating the
Command Channel. The Contractor shall provide the Government the reverse
video/audio feed path, receiver equipment and facilities for use by the
Government in operating the Command Channel.
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33. EDUCATIONAL ACCESS CHANNEL:
a. As part of the consideration for the rights granted by this
Agreement, the Contractor shall provide the Government one Educational Access
Channel on the system for non commercial use by Desert High School and the Base
Education Office. The system shall be designed and constructed to permit the
retransmission of programming from the Contractor's facility. The contractor
shall not be obligated by this Agreement to provide program originating
equipment for use in operating the Educational Access Channel.
34. RULES FOR ACCESS CHANNEL USE:
a. The government at any time may prescribe rules governing the use of
the access channels.
b. The Contractor may use excess capacity on any access channel in
accordance with any rules and procedures the government may prescribe either
before or after the effective date of this Agreement. In the absence of such
rules and procedures, the contractor may use any such excess capacity until
directed to cease such use upon 15 days written notice from the Contracting
Officer.
35. EMERGENCY OVERRIDE SYSTEM:
a. As part of the consideration for the rights granted under this
Agreement and in recognition of the unique circumstances set forth in paragraph
3, the Contractor shall provide the government one Emergency Override System on
the base cable television system for emergency use by the government. The
system shall be designed and constructed to permit the AFFTC Command Post to
originate transmit messages on all channels.
b. The Contractor shall ensure the government that all Emergency
Override messages cannot be viewed or heard outside of the base cable
television system.
c. The Contractor shall not be obligated by this Agreement to provide
program origination equipment to the government for use in operating the
Emergency Override System. The Contractor shall provide the government the
reverse audio feed path, receiver equipment and facilities for use by the
government in operating the Emergency Override System.
36. CONTROL LOCK: The Contractor shall provide upon request of any subscriber a
control locking device or code that permits a subscriber to prevent the viewing
of premium channels and any other channel that may contain programming
unsuitable for children. The Contractor shall provide such device or code for a
fee no greater than the cost of the device or code to the Contractor.
37. ETHERNET CAPABILITIES:
a. The Contractor shall provide two-way ETHERNET capability between
all base facilities receiving service from the base cable television system for
use by the government. For the purposes of this agreement "ETHERNET
Capabilities" means two-way interactive ETHERNET local area network
communication capability between all base facilities receiving cable
television service and Building 2600. The system shall be designed and
constructed to permit transmission and reception access to the Edwards Local
Area Network (ELAN) at both a 4-Mbit and/or a 500 K-bit access rate.
b. The Contractor shall ensure the government that all ETHERNET
data/messages cannot be viewed outside of the Base or by private access without
the permission of the Base Communications Officer.
c. The Contractor shall not be obligated by this Agreement to provide
local area network equipment to the government for use inside of government
facilities operating on the ETHERNET access.
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d. The Contractor shall establish monthly access fees for
Bridge/Router access (multiple access within one facility) and fees for a
Personal Computer (PC) access (single individual access).
e. The costs related to the construction of providing the Ethernet
Capabilities is as set forth in Appendix E.
SUBSECTION B.2 CONSTRUCTION, INSTALLATION, AND MAINTENANCE
38. CONSTRUCTION SCHEDULE.
a. As part of the consideration for the rights granted under this
Agreement and in recognition of the unique circumstances set forth in paragraph
3, the Contractor shall provide the government the installation of a new cable
television service to the following buildings:
BUILDING ORGANIZATION
3500 Civil Engineering Sq
3502 Management Information
3510 Transportation Sq
3535 Old ABW Hq
3700 Supply Sq
3735 Supply Sq
3736 Supply Sq
3760 CES Fire Dept
3760A,B,C Corp of Engineers
b. Construction to the buildings shall be completed on or before
December 31, 1995.
39. CONSTRUCTION AND INSTALLATION APPROVAL:
a. The Contractor shall not undertake any construction or installation
of any equipment or facilities on the Base (including temporary equipment or
facilities) without the prior written consent of the Contracting Officer, the
Base Civil Engineer, the Communications Computer Systems Officer and any other
authority as required by the standards and rules applicable to construction on
the Base prescribed by the government before or after the effective date of
this Agreement. As a prerequisite to obtaining such approval, the Contractor
shall submit to the Contracting Officer such drawings, plans, and other
relevant data as may be requested by the government, including, but not limited
to, one set of the franchise drawings showing cable routings, typical service
entrances, antenna tower sites, technical center locations, and other related
construction details.
b. At the completion of any construction, installation, or
maintenance resulting in changes in cable routings, wiring, or other
significant changes in facilities and equipment, the Contractor shall submit
drawings or other appropriate documents to the Base Civil Engineer and the
Communications-Computer Systems Officer indicating such chances.
c. The provisions of subparagraph a shall not apply to: (i) routine
maintenance and repairs not involving the installation of aboveground or below
ground cables, poles, or conduit; and (ii) routine subscriber service
connections and disconnections.
d. Notwithstanding any approval granted in accordance with
subparagraph a, the Government at any time may direct the Contractor to remove,
relocate, or modify any equipment or facilities, including aboveground and
underground cable. The Contractor shall be entitled to compensation for costs
incurred in complying with any such direction.
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40. CABLE FACILITIES:
a. Unless otherwise directed or permitted in writing by the
Contracting Officer, the Contractor shall use existing government utility poles
or underground facilities, including conduit, for carrying cable. The
Contractor shall obtain and conform to the requirements of excavation permits,
pole use permits and any other rules or permits designated by the Contracting
Officer.
b. If the Contractor is directed or receives permission to install
its own cable-carrying facilities, the Contractor grants to the government a
free right of common use for purposes consistent with the operation of the
cable system. If directed by the Contracting Officer, the Contractor shall
remove, at its own expense, any Contractor installed cable carrying facilities
at the expiration or termination of this Agreement. The Contractor shall
restore government and private property to the condition of such property
before the installation of such facilities.
c. If directed by the Contracting Officer, the Contractor shall
"prewire" designated government facilities for CATV. The Contractor shall
specify the wiring used, accept ownership, ensure picture quality through cable
system maintenance, repair and modification.
41. CONSTRUCTION STANDARDS:
a. The Contractor shall construct, install, and maintain the system in
a safe, thorough and reliable manner and in conformance with applicable federal
regulations and national professional codes, including the codes and
regulations listed in this agreement.
b. The Contractor shall construct, install, and maintain drops and
connections to, and interior wiring in individual residences and government
buildings in a safe, orderly, and attractive manner. At the Contracting
Officers direction, the Contractor at its own expense shall remove, replace, or
modify any equipment or facilities, including drops, connections, and wiring,
that the Contracting Officer determines are unsafe, unsightly, or otherwise
unsuitable.
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SUBSECTION B.3 TECHNICAL REQUIREMENTS
42. TECHNICAL STANDARDS:
a. The Contractor shall ensure that the system is designed, installed
and operated in a manner that meets or exceeds the technical standards required
or recommended by the FCC as set forth in 47 CFR Part 76 as that part exists
on the effective date of this Agreement. These standards are mandatory and
shall apply to all classes of cable television channels. The Contractor shall
at all times maintain and operate the system in strict compliance with the
standards set forth in Part 76 for:
(1) The frequency boundaries of cable television channels
delivered to subscriber terminals;
(2) The frequency tolerance of cable television visual carriers;
(3) The frequency tolerance of cable television aural carriers;
(4) The minimum visual carrier levels at subscriber terminals;
(5) The allowable tolerance for visual carrier level variations
within 24 hours;
(6) The maximum and minimum aural carrier specifications, with
respect to visual carrier levels;
(7) The maximum allowable level of visual low frequency distortion;
(8) The frequency response of each channel;
(9) The allowable visual signal-to-system noise level and to any
undesired co-channel signal;
(10) The allowable level of inter modulation distortion;
(11) The minimum amount of isolation between subscriber terminals;
(12) Signal leakage;
(13) Operation near aeronautical and marine emergency radio
frequencies;
(14) Receiver-generated interference.
b. INTERFERENCE: THE CONTRACTOR RECOGNIZES THAT SIGNAL LEAKAGE OR
OTHER INTERFERENCE, INCLUDING EMISSION, RADIATION, OR INDUCTION, FROM THE
CABLE SYSTEM THAT AFFECTS THE AIR NAVIGATIONAL, COMMUNICATIONS, OR
SURVEILLANCE FACILITIES, OR ANY OTHER GOVERNMENT ELECTRONIC DEVICE OR EQUIPMENT
LOCATED ON THE BASE MAY DISRUPT OR ENDANGER MILITARY ACTIVITIES AND MAY POSE A
THREAT TO THE SAFETY OF BOTH THE PUBLIC AND MILITARY PERSONNEL. THE CONTRACTOR
SHALL TAKE ALL NECESSARY ACTION, INCLUDING TESTING, MAINTENANCE, AND
COORDINATION WITH 650TH ABW/SCT FREQUENCY MANAGEMENT PERSONNEL, TO PREVENT ANY
SUCH LEAKAGE OR INTERFERENCE. UPON RECEIVING NOTICE FROM WHATEVER SOURCE,
INCLUDING THE CONTRACTOR'S OWN TESTING AND MONITORING ACTIVITIES, OF SUCH
LEAKAGE OR INTERFERENCE, THE CONTRACTOR IMMEDIATELY SHALL TAKE CORRECTIVE
ACTION, AT ITS OWN EXPENSE, TO ELIMINATE ANY SUCH LEAKAGE OR INTERFERENCE.
COMPLIANCE WITH THE TECHNICAL STANDARDS SET FORTH OR INCORPORATED IN THIS
AGREEMENT SHALL NOT RELIEVE THE CONTRACTOR OF ITS OBLIGATIONS ARISING UNDER
THIS SUBPARAGRAPH.
43. MEASUREMENTS AND TESTING:
a. The Contractor shall conduct at its own expense and with its own
equipment all tests and measurements recommended or required by the FCC as set
forth in 47 CFR Part 76 as that part exists on the effective date of this
Agreement.
b. At the direction of the Government, the Contractor shall conduct
tests and measurements to demonstrate that the system meets or exceeds the
technical standards set forth in paragraph 42. The Contractor shall, if
requested by the Contracting Officer, provide copies of its semi-annual FCC
Proof of Performance tests to the Government to ensure compliance with these
standards. The government may direct such tests and measurements twice each
calendar year and whenever the government has reasonable cause to believe that
the system does not meet the technical standards set forth in paragraph 42. If
the Contractor should fail such test the Contractor shall pay for the
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costs related to such test and if the Contractor is in compliance the
Government shall pay for such tests. Such tests and measurements shall be
conducted by the Contractor at its own expense and with its own equipment and
may include, but will not be limited to, visual signal levels, visual signal
noise measurement, and visual modulation for any and or all activated channels.
Immediately upon completion of any such test or measurement, the Contractor
shall provide the results of such test or measurement, including raw data,
summaries, and conclusions to the government.
44. INSPECTION. The Government, or its designated representative (including a
private contractor, expert, or consultant) may inspect and conduct tests and
measurements of the Contractor's equipment and facilities. Except in the case
of an emergency or a suspected violation of subparagraph b of paragraph 40, the
government shall conduct at its expense such inspections, tests, and
measurements in a manner that will minimize any disruption of the Contractor's
operations.
SUBSECTION B.4 SERVICE STANDARDS AND SUBSCRIBER RELATIONS
45. GENERAL STANDARD. The Contractor shall conduct all of its business on the
Base in a professional and courteous manner.
46. PERFORMANCE EVALUATIONS. The manager of the Contractor's cable system shall
be available for periodic meetings with government personnel to review the
Contractor's performance under this agreement.
47. BUSINESS OFFICE:
a. The Contractor shall maintain a location on the base for purpose of
equipment return by customers and payment of bills. Such facility shall be open
between the hours 8:00 AM to 4:30 PM Monday through Friday. The telephone
number of the Contractor's office shall be publicly listed.
b. The Contractor shall maintain a telephone answering service for
receiving complaints and requests for service and repairs during all hours when
the facility is closed. The telephone number for the answering service shall be
publicly listed and printed on each subscribers monthly bill/statement.
48. BILLING. The Contractor shall maintain a monthly invoice billing system.
Delinquent payment notices shall be sent by mail, and in no event shall such
notices be tacked or otherwise attached to a subscriber's dwelling, vehicle, or
other property.
49. SERVICE AND REPAIRS:
a. The Contractor shall promptly respond to requests for service,
including installation, connection, disconnection, and repairs in conformance
with FCC customer service obligations as provided for in Appendix G.
b. The Contractor shall notify the Contracting Officer and the
Communications-Computer Systems Officer, or such other official as may be
designated by the government, whenever an area-wide or system-wide outage
occurs.
c. The Contractor shall maintain at its business office a log showing:
(1) the date and time of service requests and the date, time and nature of the
response to service requests; (2) the date, approximate time and actual
duration, type and probable cause of all headend, trunk or distribution line
service failures due to causes other than routine testing or maintenance. The
Contractor shall provide at its own expense on a monthly basis its Engineering
Vital Signs Report for quality assurance and renewal considerations.
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50. COMPLAINTS:
a. The Contractor shall promptly and courteously respond to subscriber
complaints, including complaints brought to the Contractor's attention by the
Contracting Officer acting as the common agent for individual subscribers.
b. The Contractor shall maintain at its main business office a written
record of all written complaints received during the prior one year, showing
the identity of the subscriber, the nature of the complaint, and the
Contractor's response, including the date of response, and time duration to
restore service. The Contractor shall permit the Government to inspect such
record upon reasonable notice and the Contractor shall provide at its own
expense a copy of such record to the government upon request.
c. The Contractor shall notify all subscribers upon commencing service
and annually thereafter, that any complaints not satisfactorily resolved by the
Contractor should be reported to the Contracting Officer.
51. INTERRUPTION OF SERVICE:
a. The Contractor shall at all times maintain the system in good
condition and repair to provide uninterrupted service in conformance with the
standards and requirements set forth in this Agreement.
b. The Contractor shall limit to the shortest time possible any
interruption of service for the purpose of maintaining, repairing, or upgrading
the system. Preplanned interruptions shall be preceded by notice on the system
to subscribers and shall, if possible, occur during periods of lowest
subscriber viewing.
c. In the event that service to any subscriber is interrupted, for any
reason, for more than 24 continuous hours in any 24-hour period, the subscriber
shall receive a pro rata rebate for such interruption on the subscriber's next
bill. This provision shall not apply to any interruption which is caused solely
by a failure of any equipment at the subscriber's premises which is not
installed or otherwise furnished by the Contractor. If the restoration of the
interrupted service requires access by the Contractor to a subscriber's
premises, no rebate will be required if the Contractor was denied access to the
premises between the hours of 8:00 a.m. and 8:00 p.m.
d. An interruption of service for which a subscriber is entitled to a
rebate occurs when all of the subscribers service is interrupted, or when any
single separately priced tier of service is interrupted.
e. For the purposes of computing the duration of an interruption of
service, said period shall begin when the Contractor receives notice from a
subscriber that service has been interrupted or when the Contractor has actual
or constructive notice of said interruption, whichever is earlier, and shall
cease when the service has been restored to the subscriber.
52. PRIVACY:
a. The Contractor shall operate the system in a manner that protects
against invasions of any subscriber's privacy and in conformance with the
subscriber privacy requirements of federal law.
b. The Contractor may obtain and use information which identifies any
subscriber on an individual basis only to the extent necessary for installation
of service, rendering service requested by a subscriber, maintenance, billing,
and accounting purposes, or as otherwise required by law or this Agreement, or
as expressly authorized in writing by a subscriber.
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53. INFORMATION TO SUBSCRIBERS:
a. The Contractor shall provide each subscriber with each bill the
following information:
(1) Telephone numbers for service and complaints, including
the after business hours telephone number required by paragraph 47.
(2) Notice of the subscribers right to rebate in accordance
with paragraph 51.
b. The Contractor shall provide other information and notice that may
be required by this Agreement or by the Contracting Officer.
SUBSECTION B.5 APPLICABLE TECHNICAL ORDERS, SPECIFICATIONS, REGULATIONS AND
MANUALS
54. DOCUMENTS INCORPORATED BY REFERENCE. The Contractor shall comply with the
standards and requirements set forth in the following regulations and manuals:
(1) The cable television rules and regulations of the FCC,
including the rules and regulations set forth in 47 CFR 9 Part 76, Oct 1993.
(2) Federal Aviation Administration Standards for Markers and
Lighting Obstruction to Air Navigation, Aug 91.
(3) National Electrical Code 1993,
(4) National Electrical Safety Code, NB-RES-29
(5) AFR 70-3, Cable Television (CATV) Systems on USAF
Installations, Oct 88.
(6) AFR 88-14, Visual Air Navigation Facilities, Apr 90.
(7) AFOSH Std 127-66, General Industrial Operations, Mar 82.
(8) AFR 92-1, Fire Protection Program, Dec 88.
(9) DoD Directive 5500.7 & 5500.7-R Joint Ethics Regulation
(10) AFR 127-12, Air Force Occupational Safety and Health,
May 90.
SECTION C. GOVERNMENT FURNISHED PROPERTY AND SERVICE
The government will provide:
a. All required publications and documentation.
b. Cable plant drawings of the utility poles or under ground
conduits as requested.
c. Class "C" telephone service at the microwave receiver site.
d. Utilities to include electricity and water.
e. Space for the headend site.
f. Trash pickup and disposal service from Contractor's
Microwave Receiver Site.
19
APPENDIX A
INSTALLATION GUIDELINES
20
APPENDIX A
INSTALLATION GUIDELINES
INTERIOR INSTALLATION
1. CATV CABLE. Cable shall be concealed behind ceiling or walls or as indicated
on drawings approved by the Contracting Officer. Cable shall be threaded
through holes bored in the approximate centerline of wood members; notching of
end surfaces is not permitted. In rooms or areas not provided with ceilings or
wall finish, cables and outlets shall be installed so that a room finish may
be applied in the future without disturbing the cable or resetting the boxes.
Cable shall not be run along interior walls or baseboards.
2. OUTLETS. Each outlet plate in the CATV system shall be provided with an
outlet box, toggle bolts, or other suitable securing method approved by the
BCE. Boxes shall not be less than 1-inch deep unless shallower boxes are
required by structural conditions. Boxes shall be set flush with the finished
walls and shall be provided with the proper type of extension rings or plaster
covers where required. Boxes shall be rigidly installed and shall be supported
by bar hangers in frame construction or shall be fastened directly with wood
screws on wood, bolts and expansion shields on concrete or brick, toggle bolts
on hollow masonry units, and machine screws on metal. Welded threaded studs
driven in by a powder charge and provided with lock washers and nuts are
acceptable in lieu of expansion shields.
3. LOCATION. The Contractor shall study the building plans in relation to the
spaces and equipment surrounding each outlet so the outlets are located
according to the room layout. CATV outlets shall be installed not less than 12
inches and not more than 18 inches above the floor surface or from any
electrical outlet.
4. DEVICE PLATES. One-piece device plates shall be provided for all outlets.
Plates on unfinished walls or on fittings shall be of zinc-coated sheet metal
having rounded or beveled edges. Plates on finished walls shall be of metal
with counter sunk heads, with color to match the finish of the plate. Plates
shall be installed with all four edges in continuous contact with finished wall
surfaces without the use of mats or similar devices. Plaster fillings are not
permitted. Plates shall be installed vertically and with an alignment tolerance
of one-sixteenth inch. Device plates shall have a rigid, threaded CATV
termination mounted in the center.
5. TERMINAL CONNECTION CABLE. The Contractor shall provide each subscriber with
the appropriate number and appropriate length of cable to allow the
subscriber's receiver to be connected to the outlet. Terminal connection cable
shall not exceed 10 feet.
EXTERIOR INSTALLATION
6. BUILDING SERVICE. The diameter of any holes passing through walls shall not
exceed the to conduit by more than one-eighth inch. All exterior holes will be
angled 15 degrees from the horizontal, so as reduce the chance of rain water
run-in, and shall be sealed to prevent entry of moisture and insects.
7. EXTERIOR MOUNTING. Cables shall be installed parallel or at right angles to
walls or structural members. Mounting shall follow building lines, where
possible (i.e., brick, mortar, siding), in straight horizontal and vertical
lines, with bends tied to building comers.
a. Mounting cable on buildings shall be conducted in accordance with
the highest industry standards. Cable mounting shall be rigid, supported with
clamps spaced at interests not to exceed 6 feet.
b. Where government-furnished conduit is supplied for CATV (i.e., new
dorms, new VOQ), exterior cable mounting is prohibited.
8. SERVICE DROPS. Aerial service drop mounting shall be parallel to utilities
and or phone lines.
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a. Dual Drops. Where dual aerial service drops are used, they shall be
dual type cable to present a clean appearance.
b. Where government-furnished conduit is supplied for CATV service
drops, aerial service drops and alternate underground routes are prohibited.
9. CLEARANCES. The CATV cabling shall not conflict with or cause any other
cabling to violate ground or power line clearance criteria unless a waiver has
been granted by the base civil engineer or a designated representative.
a. Waivers. If at any time the required clearances can't be met, the
franchisee may request a waiver from the base civil engineer.
b. Overlashing. Overlashing of abandoned CATV lines is not be
permitted.
10. BASE TRAILER PARK. The Contractor shall not run overhead distribution
cables in the trailer park areas unless there are existing overhead utility
lines. All drop cables to individual trailers shall be underground regardless
of whether the existing drop cables or utilities are overhead or underground.
11. UNDERGROUND CONNECTIONS:
a. Under paved areas and roadways, the CATV cables shall be installed
in conduit not less than 2 inches in diameter. Conduit shall be zinc-coated
rigid steel or schedule 40 PVC. Conduit shall be extended not less than 2 feet
beyond pavements and roadways, when such roadway is used for vehicular traffic.
Under heavily traveled roadways, conduit shall be installed by boring.
Pavement may be cut and repaired in an approved manner on lesser traveled roads
on approval of the base civil engineer.
b. Trenches in which direct burial cables are placed shall have a
minimum depth of 18 inches below grade, shall be not less than 6 inches wide,
and shall generally be in straight lines between cable connections. Bends in
trenches shall have a radius of not less than 36 inches. A marker tape 6-inches
below grade shall be used above all direct burial cable. Tape shall bear the
warning "CABLE TV".
EXCAVATION AND BACKFILLING
12. EXCAVATION PERMIT. The Contract or shall obtain an excavation permit from
the base civil engineer or a designated representative before commencing any
digging or excavation on the Base.
13. EXCAVATION METHODS. Excavation by backhoe is permitted, except:
a. Hand digging is required within 4 feet of existing utilities
indicated on the contract drawings or otherwise brought to the attention of the
Contractor during the term of this Agreement; and,
b. Hand digging is required in areas immediately adjacent to and
within approximately 1 foot of buildings.
14. BACKFILLING OPERATIONS. Backfilling of areas excavated to allow cable
installation and the void remaining at the location shall be accomplished with
well-pulverized soil. During backfilling operations, each 12-inch layer of soil
shall be compacted to a CE 55 density of at least 95 percent. Sealing of
backfill by jetting of water is not permitted. The top 4 inches of backfill
material shall consist of a well-pulverized soil containing not less than 50
percent topsoil. Affected areas shall be seeded after backfilling.
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15. OPEN EXCAVATION. Open excavation shall be barricaded when Contractor
personnel are not present in the immediate vicinity of the work site. Under no
circumstances shall open excavations remain at the completion of the workday.
At each location where excavation has been initiated, the Contractor shall
ensure backfilling operations are completed before the end of the workday.
16. PAVEMENT CUTS. Pavement cuts, where necessary, shall be made only after the
approval of the location and circumstances by the base civil engineer. Traffic
shall be maintained over at least half the width of the pavement, unless
otherwise directed by the Base Commander. Traffic barricades and warning lights
to mark the excavation shall be provided by the Contractor. The restored
pavement shall be equal to or better than the original pavement and at least
one-quarter inch greater in thickness than existing pavement.
17. DUST CONTROL. The Contractor shall maintain all excavations, embankments,
stockpiles, access roads, and all other work areas free from excess dust to
avoid causing a hazard or nuisance to base personnel and surrounding
facilities. Approved temporary methods consisting of sprinkling, chemical
treatment, light bituminous treatment or similar methods are permitted to
control dust. Dust control shall be performed as the work proceeds and whenever
a dust nuisance or hazard occurs.
18. REPAIR OF LAWN AREAS. Lawn areas rutted by equipment or otherwise damaged
shall be leveled by the addition of topsoil or otherwise repaired by tilling
and leveling. These areas shall be seeded to match the existing vegetation
or the vegetation that existed before damage.
19. SEEDING. Damaged or backfilled areas shall be resodded or seeded and
fertilized by Contractor to match the vegetation existing before the damage.
Sod, seed, and fertilize types and mixtures will be approved by the contracting
Officer.
20. FINAL CLEANUP. After the work is completed, the work site shall be returned
to its original state.
23
APPENDIX B
RULES OF PRACTICE AND PROCEDURE
FOR CABLE TELEVISION FRANCHISE
RENEWAL PROCEEDINGS
24
APPENDIX B
RULE 1. SCOPE OF RULES; CONSTRUCTION.
(a) These rules govern cable television franchise renewal proceedings
conducted by the Air Force pursuant to Section 626(c)(1) of the Cable
Communications Policy Act of 1984 (the Cable Act), Pub. L. 98-549, 98 Stat.
2779, 47 U.S.C. 521 et seq, as amended by the Cable Television Consumer
Protection and Competition Act of 1992, P.L. 102-385, Section 18, Air Force
Regulation 70-3. In any situation not provided for or controlled by these
rules, the Rules of Civil Procedure for the District Courts of the United
States may be considered as guidance.
(b) These rules shall be construed to secure the just and expeditious
resolution of renewal proceedings.
(c) In computing any period of time under these rules, Saturdays,
Sundays, and legal holidays observed by the Federal Government shall be
excluded.
RULE 2. PARTIES; REPRESENTATION.
(a) The parties in a proceeding conducted pursuant to these rules are
the cable television franchise operator seeking renewal and the Air Force.
There is no right of intervention.
(b) Any party shall have the right to participate in the proceeding
and appear at a hearing in person, by counsel, or by representative, to examine
and cross-examine witnesses, and to introduce into the record documentary or
other relevant evidence. Each attorney or other representative shall file a
letter or notice of appearance with the Base Commander prior to the
commencement of the proceeding, or with the hearing officer after the
commencement of the proceeding.
RULE 3. COMMENCEMENT OF PROCEEDING.
(a) Within 20 days after issuing, pursuant to Section 626(c)(1) of the
Cable Act, 47 U.S.C. 546 a preliminary assessment that a franchise should not
be renewed, the Base Commander shall commence a renewal proceeding by issuing a
letter of appointment designating a hearing officer.
(b) The Base Commander shall provide written notice of the
commencement of the proceeding to the operator within five days of the
appointment of the hearing officer. The notice shall provide the name, address,
and telephone number of the hearing officer.
(c) The Base Commander shall provide prompt notice of the commencement
of the proceeding to the Base community.
RULE 4. APPOINTMENT OF HEARING OFFICER.
The Base Commander shall appoint as hearing officer a designated Judge Advocate
(lieutenant colonel or higher) or an attorney-advisor (GS/GM-14 or higher),
possessing the qualifications set forth in paragraph 9 of AFR 70-3.
RULE 5. AUTHORITY OF HEARING OFFICER.
The hearing officer shall have all authority necessary to conduct a fair and
impartial proceeding, including, but not limited to, the following:
(1) Administer oaths and affirmations.
(2) Examine witnesses.
(3) Rule upon questions of law, evidence, and procedure.
(4) Conduct conferences for the settlement of issues by the
consent of the parties.
25
(5) Establish schedules for the production of evidence and the
submission of proposed findings of fact and other pleading.
(6) Convene and regulate the course of conferences and hearing.
(7) Prepare findings of fact, conclusions, and recommendations.
(8) Take all actions and make all rulings necessary to discharge the
duties of hearing officer.
RULE 6. CONFERENCES.
(a) Within 15 days of the commencement of the proceeding, the hearing
officer shall convene the parties in conference, either by telephone or in
person, to consider:
(1) Simplification and clarification of the issues.
(2) Stipulations, admissions, agreements, and rulings to
govern the admissibility of evidence, or other similar
means of avoiding unnecessary proof.
(3) Schedules and rulings to facilitate the production of
evidence.
(4) Limitation of witnesses.
(5) Any other matter that may expedite and aid the disposition
of the proceeding.
(b) The hearing officer may convene additional conferences at any time
during the course of the proceeding.
(c) The hearing officer may require a conference to be
stenographically or electronically recorded.
(d) The hearing officer may issue an order setting forth actions
taken as a result of a conference.
RULE 7. PRODUCTION OF EVIDENCE.
(a) In accordance with Section 626 of the Cable Act, 47 U.S.C. 546 the
parties are entitled to require the production of evidence. To expedite the
proceeding, the operator may request by letter, and the Air Force shall provide
promptly in response to such request, all nonprivileged documents and other
tangible things concerning or related to the renewal of the franchise,
including, but not limited to, evidence considered by the Air Force in issuing
a preliminary assessment that the franchise should not be renewed. The parties
may, and are encouraged to complete the production of evidence through the use
of informal procedures.
(b) In addition to the informal procedure set forth in a above, the
parties may require, subject to limitations established by the hearing officer,
the production of evidence by the following methods:
(1) Requests for the production of documents or other tangible
things.
(2) Requests for admissions.
(3) Written interrogatories.
(c) Depositions upon oral examination are not permitted except when
expressly approved by the hearing officer. Such approval shall be granted only
upon a showing by the party desiring to take depositions that (i) the party,
has made a good faith effort to obtain all the information it seeks through the
methods for the production of evidence set forth in a and b above; and (ii) the
party will be seriously prejudiced if not permitted to take depositions.
(d) Except as otherwise limited by order of the hearing officer
according to these rules, the parties may require the production of evidence
regarding any matter, not privileged, which is relevant to the subject matter
involved in the proceeding, including the existence, description, nature,
custody, condition, and location of any books, documents, or other tangible
things and the identity and location of persons having knowledge of any
discoverable matter. It is not a ground for objection that the information
sought will be inadmissible if the information sought appears reasonably
calculated to lead to the discovery of admissible evidence.
(e) The hearing officer may make any order with respect to the
production of evidence necessary to ensure a fair hearing and to protect a
party or person from annoyance, embarrassment, oppression, or undue burden or
expense.
(f) Unless otherwise provided by the hearing officer, and to the
extent consistent with these rules, the form, scope, and use of the methods for
the production of evidence set forth in b and c above, shall be governed by the
Federal Rules of Civil Procedure for the United States District Courts.
26
RULE 8. HEARING PROCEDURES.
(a) Unless otherwise directed by the hearing officer, a hearing will
begin within 60 days of the commencement of the proceeding. The parties may
consent, by written agreement, to waive a hearing and submit all evidence and
argument in writing.
(b) The hearing officer shall designate and provide reasonable notice
to the parties of the date, time and place of the hearing. The hearing shall be
open to the public.
(c) Witnesses at the hearing will testify under oath or affirmation. A
party or the hearing officer may obtain an answer from any witness to any
question that is not the subject of an objection sustained by the hearing
officer. The parties have the right to cross-examine any witness.
(d) Unless otherwise directed by the hearing officer, the Air Force
shall open the hearing by presenting evidence supporting the preliminary
assessment not to grant renewal. The operator shall then present evidence to
support renewal.
(e) All hearings shall be electronically or stenographically reported.
All evidence upon which the hearing officer relies for decision shall be
contained in the transcript of testimony, either directly or by appropriate
reference. All exhibits introduced as evidence shall be marked for
identification and incorporated into the record. Transcripts may be obtained,
at the expense of the requesting party, from the official reporter.
RULE 9. CLOSING OF THE RECORD.
(a) If a hearing is held, the record of the proceeding shall be closed
by announcement by the hearing officer when the taking of testimony has been
concluded. The hearing officer may direct the record to be closed as of a
future specified date in order to permit the admission into the record of
exhibits to be prepared, provided that the parties stipulate on the record that
they waive the opportunity to cross-examine or present evidence with respect to
such exhibits.
(b) If, pursuant to Rule 8(a), the parties waive a bearing, the record
of the proceeding shall be closed by the hearing officer by notice to the
parties.
RULE 10. ADMISSIBILITY AND WEIGHT OF EVIDENCE.
(a) Any relevant evidence may be received. The hearing officer may
exclude relevant evidence to avoid unfair prejudice, confusion of the issues,
undue delay, or needless presentation of cumulative evidence. Hearsay evidence
is admissible unless the hearing officer finds such evidence to be unreliable
or untrustworthy.
(b) The hearing officer will determine the weight to be given to
evidence and the credibility to be accorded witnesses.
(c) Generally, unless otherwise provided by statute or these rules,
the bearing officer shall consider the Federal Rules of Evidence as guidance in
making evidentiary rulings.
RULE 11. PROPOSED FINDINGS AND CONCLUSIONS
(a) On its own initiative, each party may, or at the direction of the
hearing officer, each party shall submit proposed findings of fact and
conclusions. Unless otherwise directed by the hearing officer, the proposed
findings and conclusions shall be submitted within 15 days of either the close
of the record of the proceeding, or the receipt of the transcript, whichever
date is later.
27
(b) Proposed findings of fact shall be set forth in serially numbered
paragraphs and shall set out in detail and with particularity all basic
evidentiary facts developed on the record (with appropriate citations to the
record) supporting the conclusions proposed by the party. Proposed conclusions
shall be stated separately.
RULE 12. HEARING OFFICER'S RECOMMENDATION.
(a) Within 25 days after the receipt of the parties' proposed findings
of fact and conclusions, the hearing officer shall prepare and present to the
Base Commander his or her Findings of Fact, Conclusions, and Recommendation.
(b) The Findings of Fact, Conclusions, and Recommendation shall be
based solely on the record of the proceedings. If it is the recommendation of
the hearing officer that renewal be denied, such recommendation must be based
upon a finding supported by a preponderance of the evidence that the operator
has failed to satisfy one or more of the requirements set forth in Section
626(c)(1) of the Cable Act, 47 U.S.C. 546. In addition, such recommendation must
be consistent with Section 626(d) of the Cable Act, 47 U.S.C. 546.
RULE 13. BASE COMMANDER'S DECISION.
(a) Within 15 days after receiving the hearing officer's Findings of
Fact, Conclusions, and Recommendation, the Base Commander, as the franchising
authority, shall issue a written decision granting or denying renewal. The Base
Commander may adopt as his or her own, and may incorporate in his or her
decision by reference the hearing officer's Findings of Fact and Conclusions.
(b) For the purposes of Section 626(f) of the Cable Act, 47 U.S.C.
546(f), the decision of the Base Commander shall be final.
28
APPENDIX C
CONTRACT CLAUSES
29
APPENDIX C
PAGE 1 of 11
CONTRACT CLAUSES
1. CLAUSES AND PROVISIONS
(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and
supplements thereto are incorporated in this document by reference and in full
text. Those incorporated by reference have the same force and effect as if they
were given in full text.
(b) Clauses and provisions in this document will be numbered in sequence, but
will not necessarily appear in consecutive order.
2. REQUIRED INSURANCE
Reference FAR clause entitled "Insurance Work on a Government Installation" the
Contractor shall, at its own expense, procure and thereafter maintain the
following kinds of insurance with respect to performance under the contract.
a. Workmen's Compensation and Employers Liability Insurance as required by law
except that if this contract is to be performed in a State which does not
require or permit private insurance, then compliance with the statutory or
administrative requirements in any such State will be satisfactory. The required
Workmen's Compensation insurance shall extend to cover employer's liability for
accidental bodily injury or death and for occupational disease with a minimum
liability limit of $100,000.
b. General Liability Insurance. Bodily injury liability insurance, in the
minimum limits of $500,000 per occurrence shall be required on the comprehensive
form of policy.
c. Automobile Liability Insurance. This insurance shall be required on the
comprehensive form of policy and shall provide bodily injury liability and
property damage liability covering the operation of all automobiles used in
connection with the performance of the contract. At least the minimum limits of
$200,000 per person and $500,000 per occurrence for bodily injury and $20,000
per occurrence for property damage shall be required.
(IAW FAR 28.306(b))
3. SAFETY AND ACCIDENT PREVENTION (APR 1984) AF FAR SUP 5352.223-9000
(a) In performing work under this contract on a Government installation, the
Contractor shall--
(1) Conform to the specific safety requirements established by this contract;
(2) Comply with the safety rules of the Government installation that concern
related activities not directly addressed in this contract;
(3) Take all reasonable steps and precautions to prevent accidents and preserve
the life and health of Contractor and Government personnel performing or in any
way coming in contact with the performance of this contract; and
(4) Take such additional immediate precautions as the Contracting Officer may
reasonably require for safety and accident prevention purposes.
30
APPENDIX C
PAGE 2 of 11
(b) If this contract is performed on an Air Force installation, the Air Force
Occupational Safety and Health Standards (AFOSH) developed in accordance with
AFR 127-12, Air Force Occupational Safety, Fire Prevention, and Health Program
in effect on the date of this contract, apply. If contract performance is on
other than an Air Force installation, the Contractor shall comply with the
safety rules of that Government installation, in effect on the date of this
contract.
(c) The Contracting Officer may, by written order, direct additional AFOSH and
safety and accident standards as may be required in the performance of this
contract and any adjustments resulting from such direction will be in accordance
with the Changes clause of this contract.
(d) Any violation of these safety rules and requirements, unless promptly
corrected as directed by the Contracting Officer, shall be grounds for
termination of this contract in accordance with the Default clause of this
contract.
(IAW AF FAR SUP 5323.9002)
4. BASE SUPPORT (JUL 1992) AFMC FAR SUP 5352.245.9000
Base support will be provided by the Government to the contractor in accordance
with the provisions of this clause. Failure by the contractor to comply with the
provisions of this clause will release the Government, without prejudice, from
its obligation to provide base support by the date(s) required. If warranted,
and if the contractor has complied with the provisions of this clause, an
equitable adjustment will be made if the Government fails to provide base
support by the date(s) required.
(a) Base support includes Government-controlled working space, material,
equipment, services (including automatic data processing), or other support
(excluding use of the Defense Switched Network (DSN) which the Government
determines can be made available at, or through, any Air Force installation
where this contract will be performed. All Government property in the possession
of the contractor, provided through the base support clause, will be used and
managed in accordance with the Government Property clauses.
(b) The Air Force installations providing the support will be listed in
subparagraph (e), and the Government support to be furnished by each
installation under this contract will be listed in subparagraph (f).
(c) Unless otherwise stipulated in the contract schedule, support will be
provided on a no-charge-for-use basis and the value will be a part of the
Government's contract consideration.
(d) The contractor agrees to immediately report (with a copy to the cognizant
CAO) inadequacies, defective Government Furnished Property (GFP) or
nonavailability of support stipulated by the contract schedule, together with a
recommended plan for obtaining the required support. The Government agrees to
determine (within 10 workdays) the validity and extent of the involved
requirement and the method by which it will be fulfilled (e.g., purchase,
rental, lease, GFP, etc.). Facilities will not be purchased under this clause.
Additionally, the contractor (or authorized representative) will not purchase,
or otherwise furnish any base support requirement provided by the clause (or
authorize others to do so), without prior written approval of the Contracting
Officer regarding the price, terms, and conditions of the proposed purchase, or
approval of other arrangements.
31
APPENDIX C
PAGE 3 of 11
(e) Following are installations where base support will be provided:
Edwards AFB, CA
(f) The Government support to be furnished under this contract is reflected in
Section C of this Franchise Agreement. Because of the nature and location(s) of
the work performed, the value of such equipment is undeterminable. The
contractor shall not incur any cost resulting from nonsupport prior to
Contracting Officer concurrence in accordance with this clause.
(IAW AFMC FAR SUP 5345.106-90(a))
5. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE JUN 1988
This contract incorporates one or more clauses by reference, with the same force
and effect as if they were given in full text. Upon request, the Contracting
Officer will make their full text available.
(IAW FAR 52.107(b))
6. 52.202-1 DEFINITIONS SEP 1991
(IAW FAR 2.201)
7. 52.203-1 OFFICIALS NOT TO BENEFIT APR 1984
(IAW FAR 3.102-2)
8. 52.203-3 GRATUITIES APR 1984
(IAW FAR 3.202)
9. 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984
(IAW FAR 3.404(c))
10. 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT JUL 1985
(IAW FAR 3.503-2)
11. 52.203-7 ANTI-KICKBACK PROCEDURES OCT 1988
(IAW FAR 3.502-3)
12. 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT NOV 1990
INTEGRITY -- MODIFICATION
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby
incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set forth in
paragraph (c) of this clause when requested by the Contracting Officer in
connection with the execution of any modification of this contract.
(c) Certification. As required in paragraph (b) of this clause, the officer or
employee responsible for the modification proposal shall execute the following
certification:
32
APPENDIX C
PAGE 4 of 11
CERTIFICATE OF PROCUREMENT
INTEGRITY -- MODIFICATION (NOV 1990)
(1) I, John Hutton (Name of certifier) am the officer or employee responsible
for the preparation of this modification proposal and hereby certify that, to
the best of my knowledge and belief, with the exception of any information
described in this certification, I have no information concerning a violation or
possible violation of subsection 27(a), (b), (d), or (f) of the Office of
Federal Procurement Policy Act, as amended* (41 U.S.C. 423), (hereinafter
referred to as "the Act"), as implemented in the FAR occurring during the
conduct of this procurement (contract and modification number).
(2) As required by subsection 27(e)(1)(B) of the Act, I further certify that to
the best of my knowledge and belief, each officer, employee, agent,
representative, and consultant of Cable TV Fund 12-BCD Venture (Name of Offeror)
who has participated personally and substantially in the preparation or
submission of this proposal has certified that he or she is familiar with, and
will comply with the requirements of subsection 27(a) of the Act, as implemented
in the FAR, and will report immediately to me any information concerning a
violation or possible violation of subsections 27(a), (b), (d) or (f) of the
Act, as implemented in the FAR, pertaining to this procurement.
(3) Violations or possible violations: (Continue on plain bond paper if
necessary and label Certificate of Procurement Integrity -- Modification
(Continuation Sheet), ENTER "NONE" if NONE EXISTS)
None
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
(Signature of the officer or employee responsible for the modification proposal
and date)
________________________________________________________________________________
(Typed name of the officer or employee responsible for the modification
proposal)
John Hutton
________________________________________________________________________________
*Subsections 27(a), (b), and (d) are effective on December 1, 1990. Subsection
27(f) is effective on June 1, 1991.
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE
UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION
MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE,
SECTION 1001.
(End of Certification)
33
APPENDIX C
PAGE 5 of 11
(d) In making the certification in paragraph (2) of the certificate, the officer
or employee of the competing Contractor responsible for the offer or bid, may
rely upon a one-time certification from each individual required to submit a
certification to the competing Contractor, supplemented by periodic training.
These certifications shall be obtained at the earliest possible date after an
individual required to certify begins employment or association with the
contractor. If a contractor decides to rely on a certification executed prior to
the suspension of section 27 (i.e., prior to December 1, 1989), the Contractor
shall ensure that an individual who has so certified is notified that section 27
has been reinstated. These certifications shall be maintained by the Contractor
for a period of 6 years from the date a certifying employee's employment with
the company ends or, for an agency, representative, or consultant, 6 years from
the date such individual ceases to act on behalf of the contractor.
(e) The certification required by paragraph (c) of this clause is a material
representation of fact upon which reliance will be placed in executing this
modification.
(IAW FAR 3.104-10(b))
13. 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY SEP 1990
(IAW FAR 3.104-10(c))
14. 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS JAN 1990
(IAW FAR 3.808(b))
15. 52.208-3 CONFLICTS APR 1984
(IAW FAR 8.309-3)
16. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH NOV 1992
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(IAW FAR 9.409(b))
17. 52.215-2 AUDIT-NEGOTIATION FEB 1993
(IAW FAR 15.106-2(b))
18. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED FEB 1990
BUSINESS CONCERNS
IAW FAR 19.708(a))
19. 52.219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES AUG 1986
(IAW FAR 19.902)
20. 52.220-1 PREFERENCE FOR LABOR SURPLUS AREA CONCERNS APR 1984
(a) This acquisition is not a set aside for labor surplus area (LSA) concerns.
However, the offeror's status as such a concern may affect (1) entitlement to
award in case of tie offers or (2) offer evaluation in accordance with the Buy
American Act clause of this solicitation. In order to determine whether the
offeror is entitled to a preference under (1) or (2) above, the offeror must
identify, below, the LSA in which the costs to be incurred on account of
manufacturing or production (by the offeror or the first-tier subcontractors)
amount to more than 50 percent of the contract price.
- - ------------------------------------------------------
- - ------------------------------------------------------
34
APPENDIX C
PAGE 6 of 11
(b) Failure to identify the locations as specified above will preclude
consideration of the offeror as an LSA concern. If the offeror is awarded a
contract as an LSA concern and would not have otherwise qualified for award, the
offeror shall perform the contract or cause the contract to be performed in
accordance with the obligations of an LSA concern.
(IAW FAR 20.103(b))
21. 52.220-3 UTILIZATION OF LABOR SURPLUS AREA CONCERNS APR 1984
(IAW FAR 20.302(a))
22. 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES APR 1984
(IAW FAR 22.101-1(e), and 22.103-5(a))
23. 52.222-3 CONVICT LABOR APR 1984
(IAW FAR 22.202)
24. 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -- OVERTIME COMPENSATION MAR 1986
(IAW FAR 22.305)
25. 52.222-26 EQUAL OPPORTUNITY APR 1984
(IAW FAR 22.810(e))
26. 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS APR 1984
(IAW FAR 22.1308(a)(1), and DFARS 222.1308(a)(1))
27. 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS APR 1984
(IAW FAR 22.1408(a))
28. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA JAN 1988
(IAW FAR 22.1308(b))
29. 52.223-2 CLEAN AIR AND WATER APR 1984
(IAW FAR 23.105(b))
30. 52.223-6 DRUG-FREE WORKPLACE JUL 1990
(IAW FAR 23.505(b))
31. 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES MAY 1992
(IAW FAR 25.704)
32. 52.227-1 AUTHORIZATION AND CONSENT APR 1984
(IAW FAR 27.201-2(a))
33. 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENTS APR 1984
(IAW FAR 27.202-2)
34. 52.228-5 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION SEP 1989
(IAW FAR 28.310(a))
35
APPENDIX C
PAGE 7 of 11
35. 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (NONCOMPETITIVE CONTRACT) JAN 1991
(IAW FAR 29.401-4)
36. 52.229-5 TAXES--CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO APR 1984
(IAW FAR 29.401-5)
37. 52.232-1 PAYMENTS APR 1984
(IAW FAR 32.111(a)(1))
38. 52.232-8 DISCOUNTS FOR PROMPT PAYMENT APR 1989
(IAW FAR 32.111(c)(1))
39. 52.232-11 EXTRAS APR 1984
(IAW FAR 32.111(d)(2))
40. 52.232-17 INTEREST JAN 1991
(IAW FAR 32.617(a) and 32.617(b))
41. 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986
(IAW FAR 32.806(a)(1))
42. 52.232-25 PROMPT PAYMENT SEP 1992
For the purposes of this clause the blank(s) are completed as follows:
(b)(2) 30th Day
(IAW FAR 32.908(c) and AFAC 92-27 (Item D1))
43. 52.233-1 DISPUTES DEC 1991
(IAW FAR 33.215)
44. 52.233-3 PROTEST AFTER AWARD AUG 1989
(IAW FAR 33.106(b))
45. 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION APR 1984
(IAW FAR 37.110(b))
46. 52.242-13 BANKRUPTCY APR 1991
(IAW FAR 42.903)
47. 52.243-1 CHANGES--FIXED-PRICE AUG 1987
(IAW FAR 43.205(a)(1))
48. DELIVERY ORDER PROCEDURES
The requirement to provide cable television services to the Federal
buildings identified in the document titled "List of Federal Facilities to
Receive CATV Services", which shall be issued separate from and subsequent to
this Franchise Agreement by the Contracting Officer, shall be initiated by the
issuance of a Blanket Delivery Order. The Blanket Delivery Order will specify
the exact number, location and type of cable television services to be provided,
along with the exact price for the service. The Blanket Delivery Order dollar
amount will be a "Not To Exceed" amount. The Contractor shall not exceed the
amount shown on the Blanket Delivery Order. The Contractor shall immediately
notify the Contracting Officer if it is believed that the Not to Exceed amount
will need to be increased to allow further continuance of services.
49. RESERVED
36
APPENDIX C
PAGE 8 of 11
50. 52.243-1 Alternate I APR 1984
(IAW FAR 43.205(a)(2))
51. 52.246-25 LIMITATION OF LIABILITY -- SERVICES APR 1984
(IAW FAR 46.805(a)(4))
51A. 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) APR 1984
(IAW FAR 49.502(b)(1)(i))
52. 252.203-7000 STATUTORY PROHIBITIONS ON COMPENSATION TO FORMER DEPARTMENT OF DEFENSE EMPLOYEES DEC 1991
(IAW DFARS 203.170-4)
53. 252.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT APR 1993
(IAW DFARS 203.570-5)
54. 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR 1992
(IAW DFARS 204.404-70(b))
55. 252.219-7008 PILOT MENTOR PROTEGE PROGRAM OCT 1992
(IAW DFARS 219.7107)
56. 252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS APR 1993
(IAW DFARS 223.7103)
57. 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES DEC 1991
(IAW DFARS 225.7002-4(a))
58. 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL JUN 1992
(IAW DFARS 225.770-5)
59. 252.231-7000 SUPPLEMENTAL COST PRINCIPLES DEC 1991
(IAW DFARS 231.100-70)
60. 252.232-7006 REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON FINDING OF FRAUD AUG 1992
(IAW DFARS 232.111-70)
61. 252.233-7000 CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR RELIEF APR 1993
(IAW DFARS 233.7001)
62. 252.242-7000 POSTAWARD CONFERENCE DEC 1991
(IAW DFARS 242.570)
63. 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC 1991
(IAW DFARS 243.205-71)
64. 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA DEC 1991
(a) Definition.
As used in this clause --
(1) "Components" means articles, materials, and supplies incorporated directly
into end products at any level of manufacture, fabrication, or assembly by the
Contractor or any subcontractor.
37
APPENDIX C
PAGE 9 of 11
(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps,
and defense agencies.
(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.
(4) "Ocean transportation" means any transportation aboard a ship, vessel, boat,
barge, or ferry through international waters.
(5) "Subcontractor" means a supplier, materialman, distributor or vendor at any
level below the prime contractor whose contractual obligation to perform results
from, or is conditioned upon, award of the prime contract and who is performing
any part of the work or other requirement of the prime contract.
(6) "Supplies" means all property, except land and interests in land, that is
clearly identifiable for eventual use by or owned by the DoD at the time of
transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD if, for example,
the contract documentation contains a reference to a DoD contract number or a
military destination.
(ii) "Supplies" includes (but not limited to) public works; buildings and
facilities; ships; floating equipment and vessels of every character, type, and
description, with parts, subassemblies, accessories, and equipment; machine
tools; material; equipment; stores of all kinds; end items; construction
materials; and components of the foregoing.
(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the
United States, including any vessel registered or having national status under
the laws of the United States.
(b) The Contractor shall employ U.S.-flag vessels in the transportation by sea
of any supplies to be furnished in the performance of this contract. The
Contractor and its subcontractors may request that the Contracting Officer
authorize shipment in foreign-flag vessels, or designate available U.S.-flag
vessels, if the Contractor or a subcontractor believes that--
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or unreasonable; or
(3) Freight charges are higher than charges to private persons for
transportation of like goods.
(c) The Contractor must submit any request for use of other than U.S.-flag
vessels in writing to the Contracting Officer at least 45 days prior to the
sailing date necessary to meet its delivery schedules. The Contracting Officer
will process requests submitted after such date(s) as expeditiously as possible,
but the Contracting Officer's failure to grant approvals to meet the shipper's
sailing date will not of itself constitute a compensable delay under this or any
other clause of this contract. Requests shall contain a minimum--
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
38
APPENDIX C
PAGE 10 of 11
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag vessels,
including points of contact (with names and telephone numbers) with at least
two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and
facsimile messages or letters will be sufficient for this purpose.
(d) The Contractor shall, within 30 days after each shipment covered by this
clause, provide the Contracting Officer and the Division of National Cargo,
Office of Market Development, Maritime Administration, U.S. Department of
Transportation, Washington DC 20590, one copy of the rated on board vessel
operating carrier's ocean bill of lading, which shall contain the following
information --
(1) Prime contact number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of the steamship company.
(e) The Contractor agrees to provide with its final invoice under this contract
a representation that to the best of its knowledge and belief --
(1) No ocean transportation was used in the performance of this contract;
(2) Ocean transportation was used and only U.S.-flag vessels were used for all
ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the written consent of
the Contracting Officer for all non-U.S.-flag ocean transportation; or
(4) Ocean transportation was used and some or all of the shipments were made on
non-U.S.-flag vessels without the written consent of the Contracting Officer.
The Contractor shall describe these shipments in the following format:
ITEM
CONTRACT
DESCRIPTION
LINE ITEMS
39
APPENDIX C
PAGE 11 of 11
QUANTITY
TOTAL
(f) If the final invoice does not include the required representations, the
Government will reject and return it to the Contractor as an improper invoice
for the purposes of the Prompt Payment clause of this contract. In the event
there has been unauthorized use of non-U.S.-flag vessels in the performance of
this contract, the Contracting Officer is entitled to equitably adjust the
contract, based on the unauthorized use.
(g) The Contractor shall include this clause, including this paragraph (g), in
all subcontracts under this contract, which exceed the small purchase limitation
of section 13.000 of the Federal Acquisition Regulation.
(IAW DFARS 247.573(b))
40
APPENDIX D
CABLE SERVICE RATES
41
RATES AND CHARGES
BASIC SERVICE: EDWARDS AFB
LIMITED BASIC SERVICE 10.00
TIER 1 SERVICE 5.00
ADD'L OUTLET
PIONEER CONV RENTAL
BASIC ONLY CONV RENTAL
REMOTE CONTROL 2.50/3.50
HBO 10.00/6.00
CINEMAX 10.00/6.00
DISNEY 8.00/4.00
SHOWTIME 10.00/6.00
TMC 6.00/3.00
PLAYBOY 10.00/6.00
PAYS ON ADD'L OUTLET 1/2 PRICE IF DUPLICATED
INSTALLATION: RES. DORM
EDWARDS INSTALL 29.95 15.00
TRANSFER 15.00
PRE-WIRED INSTALL
POST-WIRED INSTALL
DELINQUENT RECON 40.00
ADD OUTLET (TIME OF INSTALL) INCLUDED (up to 2)
ADD OUTLET (SEPARATE TRIP) 15.00
RELOCATE OUTLET 15.00
NO TRUCK CHG OF SERVICE 1.99
CUST CAUSED TROUBLE CALL 20.31
DEPOSIT 25.00
42
APPENDIX E
ETHERNET RATES
43
[JONES INTERCABLE LETTERHEAD]
93-032
November 16, 1993
Mr. John Kellas
650 ABW/SCX
10 South Seller Avenue
EAFB, CA 93524-1110
Dear John:
This letter is in response to your request for additional
information/clarification in reference to the November 9th ETHERNET cost
proposal. First of all, let me give clarification to the Service, Monthly
Charge, and Installation columns which appeared as follows on the November 9th
proposal:
SERVICE MONTHLY CHARGE INSTALLATION
------- -------------- ------------
Flat Fee (For Five Years) $1,000 Waived
Bridge/Router Access/Site $ 200 Waived
Single PC/4-Mbit Access/Site $ 53 $130 (Private Installation)
Single PC/500-Kbit /Site $ 27 $130 (Private Installation)
FLAT FEE:
This charge is to cover capital expenditure necessary to install the
transportation network for the ETHERNET (Please note that under the installation
heading here we inadvertently typed the word waived; it should have appeared N/A
for non-applicable). The $1,000 per month for 5 years or 60 months was based on
a capital expenditure of $47,071 with a 10% cost of money discount rate applied.
This equates to approximately $60,000 over a 5 year period (See Exhibit A for
specific breakout). If you prefer an up front one time cash payment as opposed
to the 60 month $1,000 payment, then the total amount for the transportation
network installation would be $47,071.
BRIDGER ROUTER:
This section refers to a 4-Mbit access site in which we would bear the cost for
installation and maintenance of the required data modulator. In general terms,
this would be for connections to LAN's. For the service and hardware there would
be a $200 monthly charge and no installation fee.
41551 Tenth Street West, Palmdale, CA 93551 805-947-3130
44
SINGLE PC/4-MBIT:
This would apply to where the base or a private individual would hook a single
PC into a 4-Mbit access site. The cost to either the base or private individual
would be $53 per month. The installation fee for the base would be waived.
However, a private individual would be required to pay a $130 installation fee.
SINGLE PC/500-KBIT:
This is a slower 500-Kbit data stream designed for private individuals at a
reduced monthly charge of $27 and an installation fee of $130.
As with our standard cable TV service, installation is contingent on existing
plant's proximity to requested installation site.
Attached is a modified/reworded version of our original cost proposal (Exhibit
B). Should you require any additional information, please do not hesitate to
call me at (805) 947-3130.
Sincerely yours,
/s/ CRAIG W. CHASE
Craig W. Chase
Engineering Manager
45
EXHIBIT A
MATERIAL LABOR BREAKOUT
COST
DESCRIPTION QUANTITY PER UNIT TOTAL
Zenith Data Translator 1 $2,723.50 $ 2,723.50
Trunk Amp & Corresponding L.E. Reverse Modules 42 $ 434.50 $18,249.00
Letro 60 Volt Power Supply Upgrade (Includes 3 batteries
per unit) 8 $1,430.00 $11,440.00
Headend Modulator Channel Conversion Drawers 1 Set $ 995.00 $ 995.00
Headend Processor Channel Conversion Drawers 1 Set $ 985.00 $ 985.00
Miscellaneous Parts, Connectors, Wire, and Electrical
Switches $1,212.00 $ 1,212.00
----------
$35,604.50
Engineering 180 Hrs $ 30.00 $ 5,400.00
Installation & System Set-Up 559 $ 22.00 $12,298.00
----------
$17,698.00
GRAND TOTAL $53,302.50
* Revised on 6/23/94 to include "P" housing area
46
EXHIBIT B
COST PROPOSAL
SERVICE MONTHLY CHARGE INSTALLATION
Flat Fee (For Five Years) $1,000 N/A
Bridge/Router Access/Site $ 200 Waived
Single PC/4-Mbit Access/Site $ 53 $130 (Private Installation)
Waived (Based Installation)
Single PC/500-Kbit/Site $ 27 $130 (Private Installation)
47
APPENDIX F
CHANNEL LINE-UP
48
EDWARDS AFB
CHANNEL LINE-UP
LIMITED BASIC SERVICE
2 KCBS-TV -- Los Angeles CBS
3 KAV-TV -- Local Origination
4 KNBC-TV -- Los Angeles NBC
5 KTLA -- Los Angeles Independent
6 The Command Channel
7 KABC-TV -- Los Angeles ABC
8 KCET -- Los Angeles PBS
9 KCAL -- Los Angeles Independent
10 Sneak Prevue -- PPV Highlights
11 KTTV -- Los Angeles Independent
12 Mind Extension University
13 KCOP -- Los Angeles Independent
14 KHIZ -- Victorville Independent
15 AV Buyers Network
16 TBS Superstation -- Atlanta
17 KLCS -- Los Angeles PBS
18 KSCI -- San Bernardino European/Filipino
19 TBN -- Trinity Broadcast Network
20 C-SPAN
21 WGN Superstation -- Chicago
22 KWHY -- Los Angeles Business/Spaish
PREMIUM AND PAY-PER-VIEW SERVICES
23 REQUEST PAY-PER-VIEW
24 VIEWERS CHOICE PAY-PER-VIEW
25 ACTION PAY-PER-VIEW
26 HBO
27 CINEMAX
28 DISNEY CHANNEL
29 SHOWTIME
30 THE MOVIE CHANNEL
62 PLAYBOY
LIMITED BASIC SERVICE (continued)
31 Home Shopping Network
32 KRCA -- Riverside Asian/Armenian
33 KVEA -- Los Angeles Spanish
34 KMEX -- Los Angeles Spanish
35 KPAL -- Local Independent
49
TIER ONE SERVICE
36 E! Entertainment Television
37 American Movie Classics
38 CNBC -- Consumer New & Business Channel
39 CNN -- Cable News Network
40 The Weather Channel
41 Prime Ticket
42 ESPN -- Entertainment & Sports Programming
43 USA Network
44 TNT -- Turner Network Television
45 The Nashville Network
46 Lifetime
47 The Family Channel
48 Nickelodeon
49 Cartoon Network
50 Arts & Entertainment Network
51 The Discovery Channel
52 BET -- Black Entertainment TV
53 MTV
54 VH-1
55 Comedy Central
*56 The Food Network
57 Unlicensed Channel
58 ESPN 2
*Beginning June 1, 1994
50
APPENDIX G
CUSTOMER SERVICE OBLIGATIONS
51
76.305(c) July 1, 1993
93-145
FEDERAL COMMUNICATIONS COMMISSION RULES -- PART 76
(c) The records specified in paragraph (a) of this section shall be
retained for the periods specified in sec.sec. 76.207, 76.221(f), 76.79
76.225(c), 76.601(c), and 76.601(e), respectively. (Revised 92-61, 6/30/92)
(d) REPRODUCTION OF RECORDS.
Copies of any material in the public inspection file shall be available for
machine reproduction upon request made in person, provided the requesting party
shall pay the reasonable cost of reproduction. Requests for machine copies shall
be fulfilled at a location specified by the system operator, within a reasonable
period of time, which in no event shall be longer than seven days. The system
operator is not required to honor requests made by mail but may do so if it
chooses. (Revised 77-205, 5/16/77)
76.307 SYSTEM INSPECTION.
The operator of a cable television system shall make the system, its public
inspection file, (if required by sec. 76.305), and its records of regards of
subscribers available for inspection upon request by any authorized
representative of the Commission at any reasonable hour. (Revised 77-205,
5/16/77)
76.309 CUSTOMER SERVICE OBLIGATIONS.
(a) A cable franchise authority may enforce the customer service standards
set forth in paragraph (c) of this section against cable operators. The
franchise authority must provide affected cable operators ninety (90) days
written notice of its intent to enforce the standards.
(b) Nothing in this rule should be construed to prevent or prohibit:
(1) A franchising authority and a cable operator from agreeing to
customer service requirements that exceed the standards set forth in
paragraph (c) of this section;
(2) A franchising authority from enforcing, through the end of the
franchise term, pre-existing customer service requirements that
exceed the standards set forth in paragraph (c) of this section and
are contained in current franchise agreements;
(3) Any State or any franchising authority from enacting or enforcing
any consumer protection law, to the extent not specifically
preempted herein; or
(4) The establishment or enforcement of any State or municipal law or
regulation concerning customer service that imposes customer service
requirements that exceed, or address matters not addressed by the
standards set forth in paragraph (c) of this section.
FCC/76-95 -56-
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52
July 1, 1993 76.309(c)
93-145
FEDERAL COMMUNICATIONS COMMISSION RULES -- PART 76
(c) Effective July 1, 1993, a cable operator shall be subject to the
following customer service standards:
(1) Cable system office hours and telephone availability --
(i) The cable operator will maintain a local, toll-free or collect
call telephone access line which will be available to its
subscribers 24 hours a day, seven days a week.
(A) Trained company representatives will be available to respond
to customer telephone inquiries during normal business hours.
(B) After normal business hours, the access line may be answered
by a service or an automated response system, including an
answering machine. Inquiries received after normal business
hours must be responded to by a trained company
representative on the next business day.
(ii) Under normal operating conditions, telephone answer time by a
customer representative, including wait time, shall not exceed
thirty (30) seconds when the connection is made. If the call
needs to be transferred, transfer time shall not exceed thirty
(30) seconds. 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 acquire equipment or
perform surveys to measure compliance with the telephone
answering standards above unless an historical record of
complaints indicates a clear failure to comply.
(iv) Under normal operating conditions, the customer will receive a
busy signal less than three (3) percent of the time.
(v) Customer service center and bill payment locations will be open
at least during normal business hours and will be conveniently
located.
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53
76.309(c)(2) JULY 1, 1993
93-145
FEDERAL COMMUNICATIONS COMMISSION RULES -- PART 76
(2) Installations, outages and service calls. Under normal operating
conditions, each of the following four standards will be met no less
than ninety five (95) percent of the time measured on a quarterly
basis:
(i) Standard installations will be performed within seven (7)
business days after an order has been placed. "Standard"
installations are those that are located up to 125 feet from the
existing distribution system.
(ii) Excluding conditions beyond the control of the operator, the
cable operator will begin working on "service interruptions"
promptly and in no event later than 24 hours after the
interruption becomes known. The cable operator must begin
actions to correct other service problems the next business
day after notification of the service problem.
(iii) The "appointment window" alternatives for installations,
service calls, and other installation activities will be
either a specific time or, at maximum, a four-hour time block
during normal business hours. (The operator may schedule
service calls and other installation activities outside of
normal business hours for the express convenience of the
customer.)
(iv) An operator may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled
appointment.
(v) If a cable operator representative is running late for an
appointment with a customer and will not be able to keep the
appointment as scheduled, the customer will be contacted. The
appointment will be rescheduled, as necessary, at a time which is
convenient for the customer.
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July 1, 1993 76.309(c)(3)
93-145
FEDERAL COMMUNICATIONS COMMISSION RULES -- PART 76
(3) Communications between cable operators and cable subscribers --
(i) Notifications to subscribers --
(A) The cable operator shall provide written information on each
of the following areas at the time of installation of
service, at least annually to all subscribers, and at any
time upon request:
(1) Products and services offered:
(2) Prices and options for programming services and
conditions of subscription to programming and other
services;
(3) Installation and service maintenance policies;
(4) Instructions on how to use the cable service;
(5) Channel positions programming carried on the system; and,
(6) Billing and complaint procedures, including the address
and telephone number of the local franchise authority's
cable office.
(B) Customers will be notified of any changes in rates,
programming services or channel positions as soon as possible
through announcements on the cable system and in writing.
Notice must be given to subscribers a minimum of thirty (30)
days in advance of such changes if the change is within the
control of the cable operator. In addition, the cable
operator shall notify subscribers thirty (30) days in advance
of any significant changes in the other information required
by the preceding paragraph.
FCC/76-95 -58.1-
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55
76.309(c)(3)(ii) JULY 1, 1993
93-145
FEDERAL COMMUNICATIONS COMMISSION RULES -- PART 76
(ii) Billing --
(A) Bills will be clear, concise and understandable. Bills must
be fully itemized, with itemizations including, but not
limited to, basic and premium service charges and equipment
charges. Bills will also clearly delineate all activity
during the billing period, including optional charges,
rebates and credits.
(B) In case of a billing dispute, the cable operator must respond
to a written complaint from a subscriber within 30 days.
(iii) Refunds -- Refund checks will be issued promptly, but no later
than either --
(A) The customer's next billing cycle following resolution of the
request or thirty (30) days, whichever is earlier, or
(B) The return of the equipment supplied by the cable operator if
service is terminated.
(iv) Credits -- Credits for service will be issued no later than the
customer's next billing cycle following the determination that a
credit is warranted.
(4) Definitions --
(i) Normal business hours --
The term "normal business hours" means those hours during which
most similar business in the community are open to serve
customers. In all cases, "normal business hours" must include
some evening hours at least one night per week and/or some
weekend hours.
FCC/76-95 - 58.2 -
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JULY 1, 1993 76.309(c)(4)(ii)
93-145
FEDERAL COMMUNICATIONS COMMISSION RULES -- PART 76
(ii) Normal operating conditions --
The term "normal operating conditions" means those service
conditions which are within the control of the cable operator.
Those conditions which are not within the control of the cable
operator include, but are not limited to, natural disasters,
civil disturbances, power outages, telephone network outages,
and severe or unusual weather conditions. Those conditions which
are ordinarily within the control of the cable operator include,
but are not limited to, special promotions, pay-per-view events,
rate increases, regular peak or seasonal demand periods, and
maintenance or upgrade of the cable system.
(iii) Service interruption --
The term "service interruption" means the loss of picture or
sound or one or more cable channels.
76.311 [DELETED] (9/25/85, 85-511)
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