Item C24
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Julv 26-27.2000
Bulk Item: Yes C8J No 0
Division: Manaoement Services
Department: Information Systems
AGENDA ITEM WORDING: Aooroval of Resolution Acceotino The Terms and
Conditions of the Remedial Plan for the Uoarade of the Cable System Ooerated by TCI
Cablevision of South Florida in Monroe County and execution of Statement of Terms of
Settlement
ITEM BACKGROUND: Resolution Number 074-1999 oassed February 10.1999 was
oassed reoardino issues of comoliance. This aoreement resolves those issues.
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION: Aooroval of BOCC recommended by Monroe County
Telecommuncation Authority at their meetino on June 19. 2000.
TOTAL COST: None
COST TO COUNTY:
REVENUE PRODUCING: Yes 0 No 0 AMOUNT PER MONTH
!;1?) YEAR
APPROVED BY: COUNTY ATTY ~MB/PURCHASING 0 RISK MANAGEMENT
~VISION DIRECTOR APPROVAL-' h--: ~ 4 _
~s l. Roberts
BUDGETED: Yes 0 No 0
DOCUMENTATION: INCLUDED: X TO FOLLOW: 0 NOT REQUIRED: 0
DISPOSITION:
AGENDA ITEM #: / - C 2 Lj
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:TCI Cablevision of Florida Effective Date:Execution
Expiration Date:
Contract Purpose/Description:AcceDtance of Remedial Plan for the Uoszrade of the Cable
System
Contract Manager:Sheila Barker
(Name)
4462
(Ext. )
Information Systems
(Department)
for BOCC meeting on Julv 26-27.2000
Agenda Deadline: Julv 12 2000
CONTRACT COSTS
Total Dollar Value of Contract: $None Current Year Portion: $
Budgeted? YesD No D Account Codes:
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e2. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed ~
Division Director ?},;... YesDNoG:r ~o...;:
O.M.B./Purchasing YeSDNO~~ tfI
CountyAttomey ":;l"r.aJYesDNoS--~~
Comments:
Date Out
'J/n( 6IJ
1 \rl\ou
7-/1
"7 ,I jZ ...(Jt7
OMB Form Revised 9/11/95 MCP #2
. ',~
RESOLUTION
MONROE COUNTY
RESOLUTION NO. 00-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, ACCEPTING THE TERMS AND
CONDITIONS OF THE REMEDIAL PLAN FOR
THE UPGRADE OF THE CABLE SYSTEM
OPERATED BY TCI CABLEVISION OF
SOUTH FLORIDA IN MONROE COUNTY.
WHEREAS, on September 8, 1998, Monroe County received notification of the proposed
change of control of the TCI Cablevision of Florida, Inc. ("TCI-FL") cable television franchise and
TCI to AT&T; and
WHEREAS, pursuant to Ordinance No. 009-1989 of Monroe County, and the franchise
agreement, no such change of control may occur without prior approval of the Board of County
Commissioners; and
WHEREAS, the County granted its conditional consent to the change of control on February
10, 1999, by adoption of Resolution No. 99-074 (attached hereto as Exhibit A); and
WHEREAS, the consent therein granted was conditioned, in part, upon Franchisee providing
to Monroe County, within thirty (30) days of the effective date of Resolution No. 99-074, a Remedial
Plan acceptable to the County, which would include (1) liquidated damages for failure to comply
with Section 10.1 and 21.1 of the Franchise, to specifically address Franchisee's provision of same
or better features as it offers to any other county or municipality, pursuant to Section 10.1, and a
state-of-the-art system pursuant to Section 21.1 of the Franchise, to the subscribers of Monroe
County; (2) measures for increasing the number of channels available in Monroe County to that level
\\225\data\2000\Monroe County\A TIlRemediaIPlan.Resolution.0222. ~
offered to subscribers in the Key West franchise within a reasonable time pursuant to Franchisee's
best efforts; and (3) measures to be undertaken to complete the system upgrade of the entire
franchise area to 750 MHZ, and to provide an additional educational channel, equipment,
connections and access services as further described in TCI-FL's Affidavit attached thereto as
Exhibit A; and
WHEREAS, by adoption of Resolution No. 99-074, the County placed Franchisee on notice
of its violation, effective as of the date of the Resolution, for failure to timely comply with Sections
10.1 and 21.1 of the Franchise, and further imposed penalties, to accrue at the rate of Two Thousand
Dollars ($2,000.00) per day until Franchisee's completion of the system upgrade referenced above:
and
WHEREAS, pursuant to Resolution No. 99-074, the County and Franchisee agreed that in
the event the Franchisee met its obligations of providing the Remedial Plan to the County within the
prescribed time period, and was negotiating in good faith with the County to adhere to Sections 10.1
and 21.1 of the Franchise Agreement, any liquidated damages assessed or accruing in relation to
these obligations will be held in abeyance; and further, that any failure by Franchisee to fulfill the
obligations to timely provide the Remedial Plan and to negotiate in good faith will result in the re-
institution of said liquidated damages effective as of the notice of violation set forth in Resolution
No. 99-074; and
WHEREAS, Franchisee initially provided the Remedial Plan on April 15, 1999; and
WHEREAS, County and Franchisee have negotiated in good faith on the terms of the
Remedial Plan;
\\225\data\2000\Monroe County\A 1T\RemedialPlan.Resolution.0222. w;?d
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
1. To the extent required, Monroe County accepts the terms of the Remedial Plan for
TCI-FL's Monroe County cable system, as set forth in the Statement of Terms attached hereto as
Exhibit B.
2. That the consent granted herein does not constitute and should not be construed to
constitute a waiver or release of any obligations ofTCI under Ordinance No.009-1989 of Monroe
County and the cable television franchise.
3. That the consent granted herein does not and should not be construed to constitute
a waiver of any right of the County under Ordinance No.009-1989 of Monroe County and the cable
television franchise; and further, this consent shall not prejudice the County's rights with respect to
the enforcement, renewal or transfer of the current cable television franchise and any amendments
thereto.
4. That the County's acceptance of the Franchisee's Remedial Plan hereby shall not have
the effect of waiving or releasing Franchisee from any penalties accrued pursuant to Resolution No.
99-074, which penalties shall continue to be held in abeyance pending Franchisee's compliance with
all the terms of the Remedial Plan as set forth in the Statement of Terms attached hereto as Exhibit
B.
5. That the County Commission hereby authorizes the County Administrator to execute
an amendment to the Franchise as set forth in Exhibit C hereto.
6. That this Resolution shall become effective upon the date of its adoption herein.
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\\225\data\2000\Monroe County\A TI\RemedialPlan.Resolution.0222. ~
. .'
PASSED AND ADOPTED AFTER READING BY TITLE ONLY THIS
,2000.
MONROE COUNTY, FLORIDA
MAYOR
ATTEST:
COUNTY CLERK
(SEAL)
\22SIMonroe County\CablelAgreements\Transfer of Franch.Resolution. 12. 16.98 5
DAY OF
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RESOLUTION
MONROE COUNTY
RESOLlITJON NO. '014-1999
A RF,S01.1JT10N OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, CONDITIONALLY APPROVING
THE CHANGE OF CO~TROL OF THE Tel
CABLEVlSlON OF FLORIDA, INC. CABLE
TELEVISION FRANCHISE FROM Tel TO
AT&T CORP.
WHEREAS, on September 8, 1998, Monroe County received IluLifi~uLioll Qfthc propo:scd
change of control of the Tel Cablevision of Florida, Inc. r.TC1-FL") cable television franchise and
Try In AT&T;
WHEREAS, pUI~uallt to Ordinance No. 009-1989 of Monro~ County, IUld the fr.J.J1chisc
agreement, no such change of control may uccur willluut priQI' approval of the Dourd of County
Conunissioners;
WHEREAS, the County has required that the applicant fulfill the obligations of Section 14
of the County Cable Communications Cude:: l:Uld S~tions 16 of the cable television franchise and
provide information on the proposed lransiictiUI1 iucluding details on the legal, financial, tcchnicnl
and other qualifications of the transferee and on the potential impact of the transfer on subscriber
ro.l.t.e$ and service;
WHEREAS, under fee Rules. 47 CFR Section 76.502, Monroe Cuunty h~ t 20 days fro111
the date of submi~siun uf a c.:uU1pl~tl:d FCC Form 394, togc:ther with all Exhibit:;. and nny ndditioru.U
information required by the franchise agreement or applicable state or local law, to act upon an
. applica.tion to sell. nssi~ or otherwise transfer controllinG ownership of a ca.ble system~
WHEREAS, it is the county's position that the 120 days time period to act upon the
application ufTCI h~ not commenced due to the tact that TCI has not S\lbmittcd n complewd FCC
Form 394 together with all exhibits and all information required by the franchise agreement;
WHEREAS. the County shall act upon Tel's application on February 10, 1999 pursuant to
Tel's express consent that the County waives no rights under Federell, state and local law and the
Ordinan~c: und franchise by 5chcd\lling consideration of the transfor on February 10, 1999, and
pursuant to Tel's express consent that the date February 10. 1999 is not after expiration of the 120
day review period provided for in Fcdcru.l1nw;
-~-
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WHEREAS, the County has required written acceptance fTom TCI-FL IlIld A T&.T Corp. of
the terms and conditions of this Resolution by atndavit as a condition precedent to the Adoption of
this Resolution (affidavit attached hereto as Exhibit A); and
WHEREAS, in the event the proposc:u I.nwl:iliCLiul1 bc:LwC:C:11 TCI and AT&T Corp. is not
CUI~WU1m&Lc:I.l ur uuc:s not I'each final closUl~ for allY I'CA:50n, or in the event such closure izs rcuohcd
on terms substantially or materially different to the terms described in the FCC Fonn 394 and
exhibits thereto, this Resolution, together with the affidavits of acceptance submitted by the proposed
transferor and transferee, shall be null and void.
NOW, '1'HEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
1. To the eKtent required, Monroe County hereby conditionally consents to the change
ofcunlrol QfMonroe COWlty Cable TelevilSion franchise from Tel to AT&T Corp.
2. That the consent ~anted herein does not constitute and should not be construed to
constitute a waiver or release of any obligations of Tel under Ordinance No.009-1989 of Monroe
County IlIld the cable television franchise.
J. That the consent granted herein does not and should not be constrUed 10 constitute
a waiver of any right of the County under Ordinance No.OO9-1989 of Monroe County and the cable
television franchise; and further, this consent shall not prejudice the County's rights with respect to
the enforcement, renewnl or transfer of the current co.ble television franchise and any amendments
thereto.
4. That the consent herein granted applies exclusively to the following communities, as
identified in the Form 394 which Tel submitted to the County:
CUIN FL 0366 (Little Torch Key)
CUIN FL 0469 (Monroe-VC, KW)
C:l JTN FI, 0617 (K.ey wao)
CUIN FI.. 0991 (Ocean Reef)
CUIN FL 1182 (ManIOC County, Marathon (KC))
CUIN FL 1191 (Monroe County (Martha SW))
5. That the consent herein grontp.ct ~J"CCifical1y excludes CUIN FL 0973 (Islamorada).
6. Trus.L the cur~I1t h~rcill gI'Qlll.t:U i:s \XIuditiolled upon (a) TCI-PL':; ~:surances set forth
in its affidavit submitted to the County ~nrl attached hereto &CIi Exhibit A; (b) TCI-FL's Remedial
Plan to be submitted to the County as pursuant to paragraph 7 herein; and (c) TCI-FL's submission
to the County of cost recovery for all cos1s inr.llrreci hy the County related to the transfer process as
required by Section 20 ofOrdinancc No. 009-1989 no later than thirty (30) days after the effective
E:\I999\Monroe\TCI TransrcrlRC:iOlu~on-l; ",..l,011 O. w]ld
2
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cUltc of this Resolution. The costs are estimated at Fifteen Thousand Dollars ($15,000.00).
7. . l'hat the consent granted herein is conditioned upon Franchisee providing to Monroe
County, within thirty (30) days of the effective date of this Resolution., a Remedial Plan acceptable
Lv Lbo;: County, which shall include liquidated damages for failure to comply with Section 10.1 and
21.1 of the Franchise. to specifically address Franchisee's provision of same or better features as it
offers to any other county or municipality, pursuant to Section 10.1, and a state-of.the-art system
pursuant to Section 21.1 of the Franchisc~ to the subscribers of Monroe County. The Remedial Plan
~h~lI include mea.c;ure~ for increasine the number of channels available in Monroe County to that
level offered to :subscribers in the Key West fnmchise within !l reasonable time PUl'SU3J\t to
Franchisee's bt:~l c::1To1\s. The Plan shall also describe. the measures to be undertaken to complete
the system upgrade of the entire franchise area to 750 MHZ, and to provide an additional educational
cha1U1el, equipment, connections and access services as further described in TCI-FL's Affidavit
attached hereto as Exhibit A.
8. Thal \he CUUllly ht:n::l1y reserves all of its dghts to c:nforce: Lhe provisions of the
Franchise, with specific respect to the Franchisee's failure to comply with Section 10.1 of the
Franchise. The County hereby authorizes the COWlty Administrator to issue a notice of violation,
effective ail of the date of this Resolution, for failure to timely comply with Section~ 10.1 and 21.1
of the Franchise. Penalties shall acerue at the rate of Two Thousand Dollars ($2.000.00) per day
tmtil Franchisee's completion of the system upgrdde ref~ncecl abuvt: ill p~r~laIJh 7.
9. In the event the Franchisee meets its obligations of providing the Remedial Plan to
the County within the prescribed time period and is negotiating in good faith with the County to
adhere to Sections 1 0.1 and 21.1., the County agrees that any liquidated damRee~ :l~~e~~ed or
accruing in relation to these obligations will be held in abeyance. Any failure by Fnmchisl::C tu fulfill
the obligations to timely provide the Remedial Plan and to negotiate in good faith will result in the
re-institution of said liquidated damages el1ective as of tbe notice of violation set forth in this
Resolution.
10. That the consent herein granted is limited to the right to provide cable services, and
to the extent not otherwise prohibited by applicable law, TCI-FL shall be required to obtain any
lawful authorization ti'om the County prior to its providing any other services within the County.
11. That thi~ Rc~nllltinn !\hall have the force and effect of continuing the a~rcement
between TCT-FL and Monroe County, florida, the Franchise Authority.
12. That the COunty hereby reserves all of its rights pursuant to Federal, stale and 1ucal
law il1t']u.ding, but not limited to the rights in (0.) the franchise rencwul proce$$ inc1udins, but not
limited to. the rh;~ht to consider violations of the franchise by TC1-FL~ (b) the franchise tranSfer
process including, but not limited to, the right to act upon any application to sell, assign or otherwise
transfer controlling ownership of the cable system; and (c) the: enforcement of the current cable
television ordinance No. 009-1989, liS liII1t:m.l~ ClUU du: cw'(ellt cable television franchise as
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amcndcd.
13. That the consent herein granted is an express non-waiver and reservation of Monroe
c;nllnty'!\ right.<; and authority with respect to enforcement of TCI-FL 's compliance with applicable
law including, bUl nUllimilc=d lU, Monroe COWlty'S Cablc Tclcvi:sion Ordinance No. 009-1989 and
fnulchise agreemcllt. TeI-fL, and to the extent required by the fmnchise or allowed pursuont to
applicable law its parent, affiliates and subsidiaries, shall be liable for any and all violations of said
law and agreement notwithstanding whether any such violation arose prior to the effective date
hereof. The County's approval of the tTRnAACtinn sha)l in no way be deemed a representation by the
CounLy LhaL TCI-FL is in compJiancc with its obligations under Cable Tclcvi:sion Ordinance No. 009-
1989 or the cable lelevision frl1m:hil)!; a~n:eluent.
14. That the consent granted herein is subject to TCl-FL's compliance with all other
applicable legal requirements and the County does not waive and p.xpre~sly fe!\erves the right to
enforce full compliance with applicable ordinmlec and ft'anchise requirements, whether or not any
non-compliance that may be determined arose before or after Lilt: ChWl~1; oCcontrol ofthc TCI-fL
cable television franchise from Tel to AT&T Corp.
15. That this Resolution shall become effective upon the date of its adoption herein.
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::k..:::S~:;> AND ADOPTED AFTER READlNG BY TITLE ONL Y TIllS IIU, DAY OF
. ~ -'1 ., 1999.
MONROE COUNTY. FLORIDA
\_,~",(\~..aJ~~ u ~~ ...,.....~ ~
MAYOR
ATTEST: ~c::\n.,y L. 'tV:,~ 'n~C}~
c , ~ K. ~""l1u. ~LUo-r
~q~g~~~.:P.t...
(SEAL)
1215\Manrao CUUnly'C.blo\AljlH..nIlIT,1IIIfilr .rf,mdoAMluU.ln.l ~.11,.'lH 5
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'BHS 5U 9U 7
LElt~WITZ &S)O~I!rES
02/10/99 1~;J5 P .on8/013
DRAn DATE O1IIOl9t
EXHIBIT A
UNCONDITIONAL ACCEPTANCE
OF TERMS OF RESOLUfJON NO. "... 074
BEFORE ME, appeared the undersigned authnrity who tulving been duly SWOtD upon his
oath deposcs IU1d. states that:
1. The d1iant is the Executive Vice President, Government Relations of Tel
Cablevision ofFlori~ Inc., and is the penon authorized. to execute this docummt. on behalf' oftb.c
Tel Cablevision of Florida, Inc.
2. The affiant is subm.ittin~ this affidavit as II condition prcccdcnt to the txansfer of
control of Tel Cab~ision or FloriW1. Inc. ('lifer-SF') cable tclovi3icn ftancbisc from Tel to
AT&T.
3. Affiant attests that it is the cuacnt fianchiscc in MoXll'Ot County. Florida - tbat1he
Fnmchiscc :shall c:;omply witll the terms ofthis acceptance.
4. Franchisee and/or its successors in. interest shall IeimbUIsc the County for all costs
11'1eurren hy thp. Collnty related to the traasfcr pIWCA as required by Section 20 of OtdinaDoe No.
074-
009-1989 no tater than tbi.rty (30) days after the cffccti~ date oflUsolutiOll No. .1 ~y~_ or ResoJ.ut1on
01!J t:R'&(:'T'F'EJt/
No. --' .~~ shall be _od tmlllllld () eo..s "'" ostimJIccl at =.y lDO..-! lMl~.
~OOO.uu). t 1 ~ m rtf'
-
5. Affiam shall submit 11 written log listing the date and description of each a.'ld every
subscriber complaint. dhavicc Urte.rruptiOIlS. IcqUCKIs lhrrcpair lUlc1lhp. date and disposidol1 theft:of
pursuant to Section 36.5 ofthc franchise agrc:cmcnt 110 late( thau dwLy (jO) days frotll tbc Et'{cdivc
f:\1_ac\lt'll_~a:1Q_
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Uj~~~jil ASSOCI!HS
02/10/99 15:~~ p .~t~/OI3
DRAFI' DATE 0211019'
Date of Rcsolution No. 99-0Z4
6. That Affiant sball provide to Monroe County, within thin;y em) da~ of the effective
99-074
date of Re.~lution No. _ a. R.ernc:tlial .Plan ~vcptablc to tbe; County, which shall iucludD
liquidated damages for faiJUIC to comply with SClCtioaa 10.1 :u1d 21. 1 of the FranclDse, tn ~ccificaUy
address Prancbj~'s provision ofsame or better f~ as it offers to any county or municipality,
pwsuaot to Sc:ction 10.1, and a state-of-the-art system., under Section 21.1 of the Franchise. to the
subseribcl'S of Monroe Coumy. The Remedial Plan mill include UJClSures by which Franchisee
sballinc.teascthenamberofcharmcls availahlp.;n Monroe.countyto that le",el offaw;.d 111 ill~'ba:q
in the Key West franchise within a lcuouablc limo pursuant to FI3DChisee's. The Plan shall also
d.csctibc: the measures to be l.IIldcrf:aken to complctcthl'l system upgrade ofth8 entire Frmchise A1ea
to 750 MHz inclw:1ing the provision of an additional educationa.1 channel al M expcnse to the
County. and on. tenl1S and conditions similar to the: Lams and conditions proVided in Section 29.2
of tile Franchise .Agreement.
7. In the event the Pr.mchilSCC l't\Ciets its ubligations orprovidiog the Remedial Plan to
thc COWlty within the prescribed time period and is negotiating in good faith with the County to
adhorc to S~uons 10.1 and 21.1.) the County agrees that any liquidated damalCS assessed or
accruing in relation to thesc obUgations will be hill" in abeyance. AAy fAilure by Francbiscz tu fulJi11
the obligations to timely provide the Remedial Plan and to negotiate in good mith will tc8u1t in the
re-iDstitutiOl1 of said liquidated d~1IS effective as of the noti~c; ofviolulioo set forth in Resolution
No. 99-Q74
~. Affiant shall provide ~ COUZlty, in rc;liltion to A1I'ULOt.S provision of an educational
-~
P:\i......etMao\lO ~Iidnir DlICl.....
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LflBOIITZ A~~OCIA!!S
02110/39 15:16 P,Ol~/OI3
DRAFI DATE 0111019'
channel as described in Patagtaph 6 above. aU access scrvicQ. connections, and Progra,mmiul
cquipmcm: in addition to, but consistent with, the provision of access services, CODJ1eetions mc1
programming equipment ror a ~vemm.mt chanMl p11t'SlUnl tQ S~OU 30 and ;, 1 o1"tho PraDCbise
Agreement
9. Aftiam sba.lJ. at aU times. abide by and be in compliance with any am:[ aU ~ce(I
customer $cmcc standards, as such stBndards may be promulgaIed, amended, or otbcnvise modified
by the CcnlUty pUr.iuant to ~p1iwble law.
10. Upon request ortlle Counrv. Affiant shall.,mv;tfC'l.11 infor=.4t1oa req~ p\1r.m.w
to Section 16 of the FTMr.hise.Agretaent.
11. A1thca~UQitoflheCity, Fnnc:hisccshalldemonstratecompJiautcwiththc~ica1
obligations set tortb m the Fracchise including, but aot limited to, SectiODS 10, 20, 21 aM Appendix
A or in the altemative, Franchi~.ll sball provide the County with in ICCqJlable Plan Of COmpliaa.cc.
12. Fnmchiseesballcooperatc in any .fianehise fee compJianceinquily iaCOl1D8Ction with
any possible .franehise fee arreal1llel tlW may haV8 arisco or t:Jw may cube: tbrollgb. tile exclusion
of certain :revenue $trcaz:015 pwsuaot to Section :lO.3 of the Francbi~ AgrccmeQt. All rccotds
necessary tot the County to pcrfomt a francbiae reo compliance audit shall be made available for
inspection withio Monroe County.
13. Mfiant attests that Franchisee shall be bound and liable for any ~, lcnoWD
or u.aknown, regardless of whether arrearages ~ewred. before or after the d&ctive dale of lhe
llilUUirer in lhIncl1i.sc feet c1ue tho CoUlltr rc.mLtiug from a fhmchi.se fee complianc;c .udit,. rcgard1css
ofwhcther sud1 audit is completed prior to the effective date hcrcot: Fla.w..oliliiec's Ailurc to timely
F:\I~........r..waIlaoil.OZIIl..llltll
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L HB 011 i Z H ~ n n AT ~ S
02110/99 jJ:36 P.OIJlUI3
DRAFr DATE 02110/99
cure any llodexpaymcn1S within tb.irty(30) days of the County's notice of violation to the PrJftt"ni~
sbaIl result in lts liability for liquidated cJamqes in the amount of$50,OOO.OO. pluRal! ".osts inc:uttecl
by CoUl1ty in. scclcing appropri:1te tellc:r. Compli.nccl: herewith ~a11 be a condition uribe approval
santee! in Resolution No. ......2!::D 74.
14. In the event Franchisee offers cable Intcmct services over its cable system in Moawe
County, it shall, taking into accoUllt technical feasibility, provide ac:c:css to its cubic modmn. platfonn
to providers ofl\lt"'l1c:LilCCCSS and online serYJces on compr<lblctem1S andconditi.ons to thosr. terms
and conditiom on which access is provided hyJ;r.alll."~ in :ulyotherCOft':!.........Iy. r.fau..1';~:d1aIl
comply with aU lawful requircm.ents with rc:spw:t to access to Franchlscc's cable modem platfonn
CUI pl"uviders of Intemet access and online services.
IS. Franchisee shall comply with all other applicable legal ceq.uircmenrs, in<lluding
caoiarc ofbzoadca.u di&ital2nd high definition Lc1evUicm signahi, wu1 inten;onncctiqn 01' the cable
I
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system with potential CompetitoB for purposes. amoD2 other thin&',. or sharing cable PEG enanncls
upon request ofthp. County as reqn.ircd by the Fnnchi5c: Agn=UCIlt or applicable law.
16. To tbt: ~tent not prohibited by applicable law, the Frmchisee agn,cs that cable
Intcm.ct ~, ;II\Oluding, but not limited. to @ Home, Roadrunner aDd Media Express Or similar
&eMus. providt.d by the Fnml"JUsee. its parent. affiliatN; or subsidiariSl. 0'1" the cab1:c $Y*:m sba11
be dccmcd "cable services" as provided under Title VI of the (".nl1UDlJuieatioas Act of 1934, as
amended. Revenues receiVAd by p~ and to the extent COWii5tcnt with the }'l'8Il.Chise
Apeem.uat and Dot spcQ.fi~y prohibited by a.pplicable law, its p~ afIiliatcs. ur subsidiaries,
I
from ~h senicl:$ provided nvl';l' the Faacbisc:c's cabl.: ~)'sta.u, i.uIilu41Dg, bw: not li",ited to, cable
':\1~1'O''l'lIura,^a:~llI.u.M
4
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Ju 1 11 00 0 1 ~ 45p
Dann~ L. Kolhac.
305 295 3615
p.10
9H5 5~a YU 1
LEIEHITZ ASSO~IA1~S
0211~/99 1~:H P.OI"013
DRAFT DATE 02110199
modem equi.pmeo~ ~sing and sales rcveoues. shall be jnt'.hltt~ wi1hin the definition of gross
revenues for the purposes of the ftanchise fee calculation to ~e maximwn extent required. by the
Franc.h.ige A~:utd cousistent with npplir.ablc law. It is tl\., iDteat of the pQft~ that 1I1is
paragraph appli~ DO more broadly tWw.lhc existing cable television tranchisc with respect to other
cable services.
17. Franahisec acknowledges that the Legisl:mvc fJistmy of the 1992 Cable Ad
,
contmupJatcs tllal. the Coumy may address any deliciencia in ~ includ~ nr-compliaucc,
at the time of ~y transfer or cbane.c of contml n'thft ~T,\('.hise. ~ ~hiGe.1IFj to CIlI~ thAt
it assumes respoasibilif)' for =1 md all Don-cowplimce UDder tho current ftanchiso tbat may now
I
exist or may Jaw be discovered to have existed during the tezm oftht: .franchise cvcut if prior to the
closing oftl1e transfer of contIOl.
18. Franchisee UACOnditioaally at.cep1s .u tearuI am conditiolLll uCRaolurioI1 No. 99-07.4
19. This exhibit A may be si~ed in countcIparts.
~ER OF PAGE.lNTENTIONALLY If'FTai
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Dann~ L. Kolhac~
305 295 3615
p. 11
.' IS ~ ~ J 3 0 9 417
LfiBDVITZ AS)OtIATES
02/lUU 15;:7 P.uI3/01~
DRAFT DATE 02110/99
FURTHER AFFIANT SAYBTHNAUGlIT.
8y:
AT&T CORP. hereby accepts the t8mlS and
conditioll5 of this affidavit a&ad l,Qulutlou No.
074-1999 md ilSICCS to do everything necessary to
enSlJle compliance therewith
STATE OF
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K. ~+eV(A.~v'IS
Vl~ rreJ\'OC(.J-
COUNTY OF
BU01ilE Ml!, Ihc UD.lSc5igned audlorlt)', pcnoDIIUy ~ . wbo
is known to me persomJl}' (or pzovided. PlOOf or ickm!ifiC4lion) anclllpOll being first duly sworn
aetnowlcc1gCd. that b..sbe execurr.d the foregoing doenMI!'!ftt fMlyand volmtlrily aod for tile pU(pOK Ihc:rau.
apn:ucd.
WITNESS my hmc1 and offIcial seal in tbc County and ~ last aforaaid this _ day of
_u._ . 1599.
NOTAllY PUBLIC, Slate of
, ;
My Commiqion expin;s:
I
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STATEMENT OF TERMS
OF SETTLEMENT
THIS AGREEMENT is entered into this _day of
, 2000 between the
Monroe County, Florida, ("County"), and TCI CABLEVISION OF FLORIDA, ("Franchisee").
WITNESSETH:
WHEREAS, under the terms of Resolution No. 99-074, adopted February 11, 1999, the
County conditioned its consent to the change of control of the Monroe County cable franchise
from TCI to AT&T, in part, upon Franchisee providing to Monroe County, within thirty (30)
days of the effective date of Resolution No. 99-074, a Remedial Plan acceptable to the County;
and
WHEREAS, said Remedial Plan was required to include (1) liquidated damages for
failure to comply with Section 10.1 and 21.1 of the Franchise; (2) measures for increasing the
number of channels available in Monroe County to that level offered to subscribers in the Key
West franchise within a reasonable time pursuant to Franchisee's best efforts; and (3) measures
to be undertaken to complete the system upgrade of the entire franchise area to 750 MHZ, and to
provide an additional educational channel, equipment, connections and access services as further
described in Franchisee's Affidavit dated February, 1999 and submitted to the County in support
of Resolution No. 99-074; and
1
Final SettlementDoc012100.doc
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WHEREAS, the County and the Franchisee wish to memorialize their agreement in
settlement of all issues known and outstanding concerning the Monroe County cable franchise,
and Franchisee's cable system.
NOW, THEREFORE, the County and Franchisee agree as follows:
1. Franchisee shall implement long term measures to upgrade the Monroe County system as
set forth in the Revised Remedial Plan dated June 30, 1999, attached hereto as Exhibit 1, and
incorporated herein by reference. Such upgrade shall be completed no later than July 1, 2001,
provided that reasonable extensions may be agreed upon by Franchisee and the County.
2. Franchisee and County hereby agree that in lieu of short term measures to upgrade the
system as described in the Revised Remedial Plan dated June 30, 1999, Franchisee shall upgrade
the system with an improved architecture featuring typical RF coaxial bus design for cascades of
five (5) amplifiers and a node.
3. Franchisee hereby agrees to provide on the system, at no cost to the County, an additional
access channel for educational use, no later than January 16, 2000, unless directed otherwise by
the County.
2
4. Franchisee shall pay to the County an amount equal to Three Dollars ($3.00) per
Subscriber (not including any subscribers being served pursuant to a franchise agreement with a
municipality within the County as of October 31, 1999), calculated effective the date of
Franchisee's financial close for the month of October 1999. The payment set forth herein shall
be remitted prior to the County's adoption of the Resolution approving this Agreement, and shall
represent payment in satisfaction of all penalties accruing pursuant to Resolution No. 99-074,
subject to Franchisee's completion of the upgrade as set forth in Paragraph 1 above. Franchisee
hereby agrees that its failure to complete the upgrade as set forth in Paragraph 1 shall result in the
reinstitution of such penalties imposed pursuant to Section 10.1 and 21.1 of the Franchise
Agreement, and as set forth in and as of the effective date of Resolution No. 99-074.
5. County and Franchisee hereby agree to amend Section 10 of the Franchise Agreement to
condition the implementation of any changes required under said Section upon review and a
public hearing conducted by the County of the desired changes and their legal, technical and
economic impact on the system and its Subscribers.
6. The terms hereof shall be in settlement of all known outstanding issues concerning the
improvements to the Monroe County cable system up to and including the date of this
Agreement; provided that Franchisee shall remain legally bound to comply with all other
applicable legal requirements, and the County does not waive and expressly reserves the right to
enforce full compliance with applicable ordinance and franchise requirements, whether or not
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any non-compliance that may be determined arose before or after the date of this Agreement.
WHEREFORE, the Franchisee and County have caused their duly authorized
representatives to execute this Agreement on the date first written above.
TCl CABLEVlSlON OF FLORIDA, INC.
MONROE COUNTY, FLORIDA
By:a2C<9 /Ld!1l
Charles J. Bartolotta
Mayor
Senior Vice President
Date: ~;;o!o ()
ATTEST:
COUNTY CLERK
APPROVED AS TO FORM:
COUNTY ATTORNEY
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Section 10
Comparable Franchise Terms
10.1 Same or Better Features. The Franchisee shall provide the same or better features
in the County System as it offers to any other county or municipality in which the Franchisee, its
parent corporation or any subsidiary or affiliated entity owns and operates a cable or television
system that is not participating in the County franchise. Such features shall include, but not
necessarily be limited to: expansion, extension or commitments to serve geographic areas; per capita,
per subscriber, or per revenue support for community programming; rates for home and institutional
subscribers, consumer servicing programs, policies, discounts and/or rebates, etc. provided, however,
that the terms of their provisions shall not be applicable upon a showing by Franchisee, as set forth
below.
10.1.1 Showing by Franchisee.
No features or services may be required on the County
System except after a public hearing before the Board of County Commissioners. The availability
of specific features and services in another community served by the Franchisee, its parent
corporation or any subsidiary or affiliated entity shall presume commercial, economic and technical
feasibility; provided, however, that the Franchisee may make a showing that such features and
services are not commercially, economically, or technically feasible in Monroe County, at which
time the Board of County Commissioners may issue a resolution requiring Franchisee to offer such
features and services, or waive the obligations herein as to the specific features and services under
consideration.
c:\ WINDOWSIPROFILESIFREDERICK-DEBBIE\DESKTOPlSECTIONIOLANGUAGE.REVISED.0 I 13. WPD
10.1.2 Compliance. Unless otherwise mutually agreed, no later than twelve (12) months
from a resolution of the County requiring Franchisee to provide features in the County system
pursuant to this Section, the Franchisee shall make available such features and services for all
Subscribers within the County. The County may grant extensions of the time within which the
Franchisee must comply with the obligations of this Section, for good cause shown.
10.2 System Franchise Renewals Elsewhere. Within thirty (30) days upon written
request of the County, the Franchisee shall provide a copy of the issuance or renewal of any franchise
agreement, which issuance or renewal is subsequent to the date of execution of this Agreement, and
is granted to the Franchisee, its parent corporation or any subsidiary or affiliated entity for the
operation of a cable television system within any county or municipality in the State of Florida.
~
C:\ WINDOWSIPROFILES\FREDERICK-DEBBIE\DESKTOPlSECTIONI OLANGUAGE.REVISED.O I 13.WPD
, ..' .
f. Ex'h,iJ/t /
REMEDIAL PLAN
MONROE COUNTY
Joint Proposal by Tel Cablevision of Florida, Inc.,
and MediaOne of Northern Illinois, Ine.
Revised
June 30, 1999
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REMEDIAL PLAN
MONROE COUNTY
REMEDIAL PLAN
TCI Cablevision of Florida, Inc. (TCI") submitted an "FCC 394 APPLICATION
FOR FRANCmSE AUTHORITY CONSENT ASSIGNMENT OR TRANSFER OF
CONTROL OF THE CABLE TELEVISION FRANCmSE" to Monroe County, Florida
("County") on November 23, 1998 requesting transfer of its franchise to MediaOne of
Illinois, Inc. As part of its negotiations to obtain approval for transfer, TCI has agreed to
submit a "Remedial Plan" to the County proposing steps to establish services and pricing
for Monroe County equivalent to those offered in Key West, FL.
MONROE COUNTY
DESCRIPTION OF CURRENT SERVICES
Capacity
Monroe County is served by TCI Cablevision of Florida, Inc., ("TCI") which
operates a 450 MHz cable plant to provide cable television services to Monroe County
subscribers.
Broadcast retransmission and cable satellite services provided on the Monroe
County system include twenty-two (22) basic channels, thirty-one (31) expanded basic
channels, and twenty (20) digital basic channels. In addition to basic services, the system
also offers fourteen (14) premium channels and access to ten (10) pay-per-view channels
for a total of ninety-seven (97) video channels. In addition to video channels the system
also provides thirty digitally transmitted DMX music channels bringing the total number
of programmed channels to one hundred twenty-seven (127).
By way of comparison, the City of Key West is served by plant recently upgraded
to 750 MHz as part of TCl's efforts to increase overall all capacity in its plant throughout
the entire company. Key West was among the first Tel systems in Florida to be
completely rebuilt to 750 MHz. Some of TCl's other Florida systems have undergone
upgrades to varying degrees but several6fthose remain incomplete as of this writing.
Broadcast retransmission and cable satellite services offered in Key West include
twenty-one (21) basic channels, thirty-eight(38) expanded basic channels and eighteen
(18) digital basic channels. In addition to basic services the system also offers fourteen
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(14) premium channels and access to ten (10) pay-per-view channels for a total of one
hundred one (101) video channels. In addition to video channels the system also provides
thirty (30) digitally transmitted DMX music channels bring the total number of
programmed channels to one hundred thirty-one (131).
Comparability
Although the Monroe County and Key West plants differ with respect to spectrum
capacity, both systems presently offer approximately the same number and type of video
and music services. The combination of analog and digital basic services vary no more
than 5% between the two systems. There are some variations in specific programming
services and their channel assignments. Specifically the Key West system offers seven (7)
additional expanded basic channels while the Monroe County system offers one (1) more
basic service channel and two (2) more digital basic services than Key West for a net
difference of four (4) services overall. In all other respects the content of both systems is
virtually identical irrespective of transmission technology. Each system utilizes both
analog and state-of-the-art digital transmission techniques, and both receive their services
via TCl's digital, state-of-the-art Headend In The Sky (HITS).
Expansion, Extensions, Geographic Area Service Commitments
Plants in both Monroe County and Key West are essentially "built out" meaning
that each plant passes virtually all homes which are accessible by cable plant, and that
both systems meet or exceed the minimum extension requirements of their respective
franchises. In fact those few places which do not have access to plant typically include
locales where there are no electric services. TCI operations in both Monroe County and
Key West remain committed to making service universally available to all residents.
Community Programming
Monroe County operates its own Government Access channel which includes
coverage of County Commission meeting~. In addition, TCI Media Services operates a
local origination channel (ch.5) seen throughout Monroe County which offers live and
videotaped programs as well as coverage of the City of Key West Commission meetings.
Channel 5 also provides substantial public service time to local and national
organizations. TCI has received a request from the Florida Keys Community College to
add an Educational Access channel to the system in both Key West and throughout
Monroe County. That addition can be readily accomplished in Key West and may be
accomplished in Monroe County with the activation of one remaining additional analog
channel.
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Subscriber Rates
Residential rates for cable services across the County and in Key West are
identical for the combination of basic services and expanded services, Le., the
combination of services selected by more than 90% of the county's subscribers.
Although entitled to higher rates in the County under the Federal Communication
Commission (FCC) rate regime, TCI presently charges a lower operator selected service
rate (OSR) rather than the maximum permitted service rate (MPR).
Optional services are also similarly priced in Key West and the County as are
rates and charges for installation and equipment.
Consumer Service Policies
With respect to consumer service policies, the Monroe County and Key West
systems adhere to all FCC customer service standards including those which specify
business office requirements, telephone operating standards, installation intervals and
appointment windows, and technical service response. TCl's policies are clearly
identified in written materials providcd all new customers, including identification of the
products and services offered, prices and options for programming services, conditions of
subscription, billing and complaint procedures including the address and telephone
number of the local franchising authority. Information regarding TCl's policies are also
provided to all existing subscribers on an annual basis.
All customers are notified of any changes in programming services, services rates,
and changes in the channel position of services no less than thirty days in advance of such
changes. Any discounts associated with programming or service promotions are clearly
explained to all prospective and existing subscribers, and are provided on a uniform, non-
discriminatory basis under the terms imposed by each offer. Credits for service are
provided in conformance with the requirements of the FCC and local franchise
agreements.
New Technology
TCI has been an industry pacesetter in the development and integration of new
technology into its cable system operations. TCI championed the introduction of digital
compression in programming delivery, developed set top equipment that outstripped the
capability of present day television receivers to decode digital information, and added
control features, special displays and program information services available only to TCI
cable subscribers. TCI developed a programming services distribution system called
"Headend In The Sky" ("HITS") that feeds analog and digital signals to all of its
domestic cable systems while offering that capability to unaffiliated operators.
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TCI is committed to offering its subscribers the services and technologies they
demand. While we do not believe TCI has operated the Monroe County system in a
manner that requires remediation, we have agreed to work with Monroe County to
expand system services and capacity.
IMPROVEMENT OF SERVICES
Any future improvements to services in the Monroe County system in the future
will largely be guided by the use of evolving technology and consumer demand.
UtiliZation of digital transmission techniques bring significantly increased efficiency to
the utilization of bandwidth by providing the ability today to transmit six to twelve time
more channels in the same spectrum space as previously required by analog technology.
Over time increased spectrum will likely' be used less for analog applications and
increasingly allocated to digital services. Digital transmission in the long term will be far
more economical and make possible the combination of content now available only over
separate services and technologies.
Such changes over time will result in a certain amount of channel reallocation
necessitating changes to current line-ups and use of receiving equipment Because it is
impossible to predict with any accuracy when such changes will actually occur, the best
information that can be provided at present is a recognition of trends already at work with
in the entire communications industry including broadcast, cable, satellite and Internet.
Programming decisions will also occur as a function of consumer demand for
specific types of programming as well as consumer resistance to increased programming
costs resulting from the expansion of services. It is very likely future programming will
be offered on an a la carte or separately tiered basis to give consumers more choice in
how they purchases services. Again, it is difficult to predict with precision how decisions
to increase programming will occur, but there's no doubt that demand exists for more
choices in both services and packaging.
Nevertheless, in an effort to bring greater equivalency to services and pricing
between the Key West and County systems, Tel and its potential successor MediaOne
are willing to implement a remedial plan which envisions immediate steps to improve
comparability in programming services, add an educational channel to be transmitted
throughout the service area, and in a relatively short period of time expand County
system capacity. This "Remedial Plan " will be effected in phases and completed by the
end of2001.
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Phase 1: Short Term Measures To Upgrade The System
In order to establish equivalency in services, three short-term steps must occur:
1. Reduce six (6) amplifier cascades in the County that will permit the system to
operate additional spectrum on those cascades within acceptable operating and
technical limits. This process will require a minimum of 120 days to purchase
and install the necessary equipment to reduce cascades.
Estimated Completion: October 31, 1999
2. Add three (3) programming services to the cable programming services tier
("CPST') in the County bringing the total number of services to thirty-four
(34) for a total of one hundred (100) basic service tier ("BST'), CPST,
premium and PPV channels as compared to one hundred-one (101) in Key
West.
3. Add one (1) channel in both the County and Key West to be used for
Education Access channel to be programmed by the Florida Keys Community
College.
Estimated Completion: November 30, 1999
Phase 2: Long Term Measures to Upgrade the System
The fmal phase will entail an upgrade of the entire Monroe County system. The
two primary measures for achieving a system upgrade will be the schedule by which
construction of upgraded facilities is completed, that is, the entire system is capable of
providing services over those facilities, and the capability of those facilities to assure
Monroe County that the system will be technically adequate to provide additional
servIces.
Timing of any upgrade in Monroe County is inextricably linked to the availability
of a variety of resources. Those resources include adequately trained in-house and
contract technicians, construction and project management personnel, allocation of
available capital to fund various projects, and line production of fiber cable and
equipment to meet project scheduling demands which compete with projects undenvay
within a number of cable television companies and a growing number of wireline
competitors including local exchange carriers and electric utilities.
In general terms the upgrade will result in significant expansion of capacity of
bandwidth within which additional video and information services may be offered.
Based on currently available technology, the design of the system will incorporate hybrid
tiber/coaxial (HFC) facilities in an architecture that allows for two-way transmission
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from the subscriber to the system headend. The design will also incorporate broad use of
digital transmission technology, including compression techniques and advanced
television capabilities. Advances in cable system architecture are occurring at a rapid
pace. MediaOne currently utilizes fiber-to-the-node technology, with nodes serving
between five hundred and one thousand homes. This architecture is scalable, which
means that bandwidth can be expanded as needs require. Advancements will be
incorporated into the system design prior to construction.
Upgrade Schedule
1. Engineering Analysis (EA): 30 days
4. Compilation of Scope Document: 15 days
Issue RFPs for Contractor: 15 days
5. Scope Review: 30 days
6. Prepare Capital Request: 10 days
7. Issue RPO to Materials Service Center (MSC): 15 days
8. Delivery of Equipment: 60-90 days
9. Field Work: 18 months
Estimated Completion Time:
Time required to complete an upgrade of the Monroe County system will be
approximately two (2) years. If the field work can commence January 2000, then
expected completion would occur by July 2001.
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1. Network Overview for Monroe County
The rebuilt network design for Monroe County, Florida can be described as a scaleable
architecture incorporated into the physical network serving all TCI systems in South Florida. All
design and construction will support long-term architecture objectives. For example, the fiber
counts in any constructed run will accommodate all the requirements of the fmal architecture
(backup fiber will be included in the sheath). However, some elements of the network may not
be installed initially. The timing to close route diverse rings and to install targeted service lasers
and other advanced network elements will depend upon the timing of the launch of the advanced
services and their penetration levels (rate of success).
1.1. Design
It is contemplated that Monroe County will have four basic elements or layers:
I. A primary hub ring serving South Florida systems (a.k.a. digital hub ring),
2. A secondary hub fed by the primary ring (a.k.a. om, distribution hub),
3. Optical nodes (a.k.a. FSAs), and
4. Coaxial RF distribution plantl.
Figure 1-1:
Network Architecture Overview
a) Physical topology
Miami Headend
South Florida Ring
Monroe Co. Hub
Monroe Co. Network
A
B
C
o
50,000 -
300,000
Homes Passed
50,000
Homes
Passed
lE Headend
IE] Primary Hub
.. Secondary Hub
iii Node
A
B
C
D
Primary Ring
Secondary Ring
Fiber Distribution
Coax Network
MOU design rules may require direct feeds from primary or secondary hubs with optical links.
Q Tele-Communications. Inc. All rightrn:rerved.
Technical Standard TS-NE11J'-9810006
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b) Logical Topology
A
D
50,000 -
300,000
Homes Passed
Virtual
Home-Run
IE Headend
[f[] Primary Hub
.. Secondary Hub
III Node
A Primary Ring
B Secondary Ring
C Fiber Distribution
D Coax Network
1.2. Primary Hub Ring
In large metropolitan areas, independent stand-alone headends originally served individual
communities. Primary hub rings consolidate headends in large markets thus providing
efficiencies of scale. This design allows for providing higher quality of services at a lower cost
per subscriber. More importantly, it also allows for fast introduction of new services.
Consolidated headends and Primary hub rings also provide processing centers and reliable
transport hubs for basic and advanced services to adjacent or suburban locations including
headends or secondary h~bs that can feed all subscribers with a local fiber and coaxial network.
1.3. Secondary Hub Rings.
Secondary hub rings have the following objectives:
1. to provide intermediate (between primary hub or headend and nodes) limited processing or
amplification facilities in markets with primary hub rings or in markets with excessive
distances between headends and nodes (both paths: forward and reverse must be considered);
2. to increase network reliability and availability by providing redundancy and by limiting
failure groups.
Secondary hub rings are deployed where home runs from headends to nodes cannot meet the
objectives for the end-of-line performance and/or network availability. In smaller systems, in
C Tele-C_ications. Inc. All rights l'eSerw!d.
Technical Standard TS-NETW-9810006
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which these objectives can be met with home runs between the headend and the nodes,
secondary hub rings may not be required.
1.4. Optical Nodes
The main goal of the optical nodes is to improve network availability (shorter cascades and
lower failure groups) and network performance (CNR and increased network stability). This
element of the HFC network will also reduce maintenance costs; more stable networks require
less preventive maintenance. Network troubleshooting will also be faster due to the easier
failure isolation.
All new node designs shall target 1,200 homes (maximum) per node2 and accommodate easy
segmentation for target services into 600 home passed pockets with an optimal design at 300
home3 bus segmentation. The pockets will be further reduced as necessary to accommodate
service penetration growth and the launch of additional services such as telephony.
The segmentation of the forward and reverse paths may be asymmetrical and may happen
independently of each other. However, both the design and the equipment selection will allow
for segmentation into four buses in forward and reverse directions.
1.5. RF Coaxial Distribution
The RF coaxial bus design will be compatible with the node design for the number of homes per
bus and for the ease of segmentation. The buses will be designed for cascades of 5 amplifiers
plus the node except as allowed by a system waiver.
. The frequency bandwidth for Monroe County will be 750 MHz.
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2
The node size design should account for the 5-year residential growth in the node area.
The 300 home passed bus design will be implemented as obligatory based on a separate directive
from Corporate Engineering or if defmed in an approved engineering scope for the particular system.
o Tele-Communications. Inc. All righJs reserwd
Technical Standard TS-NETW-9810006
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2. Network Performance
Network performance requirements are influenced by many factors. They include:
. Analog requirements to meet subscriber demands,
. Digital performance for high order modulation schemes,
. Future services including telephony and high-speed data communications, and
. Economics.
2.1. Total Fonvard System End-of-Line (EOL) Performance
2.1.1. Distortions
All designs must target the required EOL performance within :to.5 dB of their nominal
values. Only these cascades where achieving this performance would incur an excessive cost per
home passed could be allowed lower EOL performance (no lower than the minimum in Table 5-
1). However, no more than 5% of the cascades in the system will be designed for performance
lower than required. Examples of such exceptions are:
. a distant pocket of subscribers with lower op~icallink performance, or
. a pocket with low density of population resulting in longer cascades (an alternative to this is
a placement of a node for very low number of homes).
Table 2-1:
Distortion Performnnce4
Network Section Required Performance- MinimumS Allowed -
Cumulative Cumulative
CNR CI'B CSO CNR CI'B CSO
dB dBc dBc dB dBc dBc
End-of-line 49 -53 -53 46 -SO -52
The levels of performance specified in the table will be maintained above the spectrum occupied by
the analog camen. In this case, an equivalent analog canier level (the level of the analog canier
interpolated from the design slope at the test point and the level of the highest frequency analog carrier)
should be used to calculate the ratios.
2.1.2. Subscriber Outlet Levels
The levels of the analog NTSC earners at the subscriber outlets should be not lower than 0
dBm V at all frequencies. For the frequencies -not occupied by analog carriers, an equivalent
level will be used. The design should account for all the loss between the tap and the outlet,
including insertion loss of the NIU for telephony, noise mitigation filters, traps and RF splitters
and couplers.
4 The level of performance for backup configuration can have 3 dB lower CNR performance than
the number listed as objective.
S Not allowed as design target numbers.
o Tele-Colllmallications. fne. All rights resenled.
Technical Standard TS-NE1W-9810006
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2.2. Reliability and Availability
2.2.1. Total Network Availability
The availability of the network, estimated after accounting for all network elements between
primary hub/headend and the subscriber outlet (including drop installation but excluding
terminal equipment), should be higher than 99.99%. This number does not include power
outages as it is assumed that the powering system will not contribute (contribution will be
negligible) to the total downtime in systems with services requiring high availability.
2.2.2. Equipment MTBF (Mean Time Between Failures)
Requirement for high availability (low downtime) of the network requires selection of network
elements with high MTBF. Hence, only the approved elements will be used in the newly
designed networks.
2.2.3. Redundancy and Backup
To lower the impact of some network elements on network availability, the network is designed
with redundancy to the secondary hub level and with a backup for crucial elements of the
network.
2.2.4. MITR (Mean Time to Repair) and Processes
In addition to MTBF, MlTR also has a significant impact on network availability. Hence, the
network design will allow for short MITR. This is achieved by lowering the number of fibers in
a single cable sheath, increasing simplicity of the network (shorter cascades) for faster
troubleshooting and maintaining up-ta-date network documentation.
2.2.5. Powering
Powering is designed to fit the requirements of the services provided. Powering architecture can
range from a fully backed-up system in centralized configuration to a distributed system that
backs up power to the nodes only. A decision for the City of Miami has not yet been
determined.
2.3. Reverse System Performance
2.3.1.
The reverse design will not be neglected during the network design. The major emphasis will be
on several parameters:
1. achievable unity gain for all RF coaxial reverse (the gain of the reverse amplifier module
from its input to the station reverse output/forward input should be equal to or higher than
the highest-frequency reverse loss in the upstream span between the station reverse output
and the input to the next upstream reverse amplifier module);
2. loss between the last amplifier and the node should not exceed the gain of the reverse
amplifier module in the last upstream amplifier before the node less the required input to the
node;
3. all minibridgers/minitrunks in the reverse must not have more than 7 dB loss between the
station forward output/reverse input and the main reverse amplifier module (preamplifiers in
the feedermaker areas of the trunk amplifiers may be adequate to meet this requirement), all
o Tele-Communications, inc. All rights reserved
Technical Standard TS-NE7W-98/0006
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line extenders must not have more than 2 dB loss between the amplifier forward
output/reverse input and the main reverse amplifier module;
4. no more than 80 amplifiers should be fed from one node and be funneled into one reverse
transmitter.
The foregoing information is provided to give the Monroe County an undentanding of the design of
the rebuilt cable system. The Company reserves the right to alter or change the technological design
and infrastructure in its discretion.
C Tele-Communications. Inc. All rights reserved.
Technical Standard TS-NETW-9810006
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