(2) CITY. The City of Jefferson, County of Jefferson, State of Wisconsin, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.

(3) CITY COUNCIL; COUNCIL. The present governing body of the City or any future body constituting the legislative body of the City.

(4) GRANTEE. A person or entity to whom or which a Franchise under this chapter is granted by the City, along with the lawful successors or assigns of such person or entity.

(5) GROSS REVENUES. Any revenue, derived directly or indirectly by a Grantee, its affiliates, subsidiaries, parents and any persons or entities in which a Grantee has a financial interest of five percent or more, from or in connection with the operation of a Jefferson cable system including, but not limited to, basic or extended basic subscriber service monthly fees, pay cable fees, installation and reconnection fees. The term does not include any taxes on services furnished by a Grantee and imposed directly upon any subscriber or used by the City, State or other governmental unit and collected by a Grantee on behalf of said governmental unit.

(6) NORMAL BUSINESS HOURS. Those hours during which most similar businesses in the City are open to serve customers.

(7) NORMAL OPERATING CONDITIONS. Those conditions affecting service within the control of the Grantee. Those conditions presumed to be outside Normal Operating Conditions include natural disasters, human-caused disasters and civil disturbances, power or telephone outages, and severe or unusual weather conditions where such condition limits the Grantee's ability to provide service. Those conditions presumed to be within Normal Operating Conditions include special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance, rebuild or upgrade of the cable system.

(8) STREET. The surface of and space above and below any public street, road, highway, freeway, lane, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the City.

(9) SUBSCRIBER. Any person or entity legally receiving for any purpose the services of a Grantee herein.

(3) In the event that a Franchise has been terminated or has expired, the City shall have options, to the extent then permitted by law, to purchase the tangible assets of the Grantee's cable television system previously governed by the Franchise at its fair market value which shall be determined by a bona fide offer to purchase the system, to assign such rights to purchase, or to require removal of all Grantee's property located within the public ways of the City at the Grantee's expense. Such an option must be exercised within one year from the date of the termination or expiration of the Franchise, the entry of a final judgment by a court reviewing the question of the termination or expiration, or the entry of a final order upon appeal of the same, whichever is later.

(2) The City shall reply in writing within 30 days of the request with a written notification of any information it needs to evaluate the request. Within 30 days of such information being provided, the City shall indicate approval of the request or its determination that a public hearing is necessary.

(3) If a public hearing is deemed necessary pursuant to subsection B, the City shall conduct such hearing within 30 days of such determination. Notice of any such hearing shall be given at least 14 days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in the area being served by the Franchise. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by the City.

(5) The parties to the sale or transfer of a Franchise only, without the inclusion of a cable communications systems in which at least substantial construction has commenced, shall establish that the sale or transfer of a Franchise only will be in the public interest.

(6) The new holder of a sold or transferred Franchise shall, within 30 days of the sale or transfer, file with the City a copy of the deed, agreement or other written instrument evidencing such sale, transfer of ownership or control or lease, certified and sworn to as correct by the Grantee. The new holder shall within the same period file with the City any and all required bonds, proofs-of-insurance and certifications, and accept in writing all responsibilities relating to the Cable Franchise and System.

(3) The City reserves the option to regulate rates for cable service, should such power be allowed under federal and state law.

(3) RELOCATION. If, at any time during a Franchise, the City shall elect to alter or change the location or grade of any street, alley or other public way, the Grantee, upon 72-hour notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. If any construction by the Grantee is in violation of the provisions of subsection A, the Grantee shall likewise, upon reasonable notice by the City, remove, relay and relocate its property in such a manner as to remedy such violation at its own expense.

(4) PLACEMENT OF FIXTURES. The Grantee shall not place poles or other fixtures where the same will interfere with any gas, electric, telephone or other fixture, water hydrant or main. All such poles or other fixtures placed in any street shall be placed between the outer edge of sidewalk and the curb line where such boundaries exist, and those placed in alleys shall be placed close to the line of the lot abutting on such alley in such a manner as not to interfere with the usual travel on the streets, alleys and public ways. However, nothing in this chapter shall prohibit the use by the Grantee of existing public utility poles where practical, providing mutually satisfactory rental agreements can be entered into with the Grantee.

(5) UNDERGROUND SERVICE. The Grantee shall install underground service in areas where electric and phone services are underground. Unless a greater depth is required, the minimum depth for underground cable service at the time of initial installation shall be 12 inches. Grantee shall undertake to minimize disruption to a subscriber's property when installing underground service.

CABLE TV FRANCHISE 21.17

(3) ANNUAL REPORT. No later than April 15th of each year, the Grantee shall present to the City a report of system finances for the previous year, which shall include gross revenues from all sources and detail of the amount contributed by each revenue component within the franchise territory. In addition, upon request of the City the Grantee shall present to the City an audited, consolidated financial statement showing operating expenses, net income and an end-of-year balance sheet.

(4) ACCEPTANCE NOT CONSIDERED RELEASE. No acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a Franchise fee or for the performance of any other obligation of the Grantee.

CABLE TV FRANCHISE 21.19(4)

(4) The Grantee shall provide the City with an emergency alert override capacity, capable of securely accepting signals from a remote location and displaying City information on all channels.

CABLE TV FRANCHISE 21.28

(2) Telephone lines. The Grantee shall provide local toll-free or collect call telephone access to its subscribers within the franchise territory. Any calls should be answered by a customer service representative during Normal Business Hours; calls outside this period may be answered by an automated response mechanism, but such calls should be processed by a Grantee's representative on the next business day. The Grantee shall provide sufficient phone answering capacity that customer calls are answered on average within 30 seconds 90% of the time; and that customers receive a busy signal no more than 3% of the time 90% of the time on an overall basis. Violations of these standards shall be subject to penalties under provisions of Section 16.

(3) Installation. The Grantee shall complete requests for subscriber installations within seven business days of order placement when the installation is within 150 feet of the existing cable system. Installation requests required to be honored under this ordinance beyond the 150-foot standard must be completed within 14 days. If the Grantee fails to meet these standards the Grantee shall provide the subscriber with a free month of the requested service. The Grantee may request the City toll these periods for reasonable circumstances beyond its control.

(4) Repair standards. The Grantee shall maintain a repair force capable, under normal operating circumstances, of responding to service interruption and degradation complaints made during Normal Business Hours within four hours. For complaints made outside Normal Business Hours, the Grantee must respond within 16 hours. For the purpose of this subsection, "response" shall mean at a minimum contacting the subscriber by phone or in person. Where a Grantee misses either of these deadlines, Grantee must provide the subscriber with one free month's service. The Grantee may request the City toll the repair period for reasonable circumstances beyond its control.

(5) Service call scheduling. When the Grantee needs to arrange an service appointment at a subscriber's location, the Grantee must offer the subscriber a service window not to exceed four hours in duration. Grantee may not cancel a service window without the subscriber's consent. Where a Grantee misses a service window, Grantee must provide the subscriber with one free month's service. The Grantee may request the City toll the service call period for reasonable circumstances beyond its control.

(6) Service interruptions and significant degradation. When the Grantee has failed to provide a subscriber with appropriate service due to service outage or significant audio or video degradation not due to the subscriber's equipment or action, the subscriber may request a rebate of any fees paid for the affected service(s) under the following schedule, and the Grantee must provide such rebates. For the purposes of this section the outage or degradation period shall begin when the subscriber provides notice to the Grantee of the outage or degradation. The Grantee may request the City waive or modify the rebate provisions for reasonable circumstances beyond its control.

CABLE TV FRANCHISE 21.29(6)(a)