BALTIMORE COUNTY, MARYLAND INTER-OFFICE CORRESPONDENCE TO! Joanne Kozak, Legislative Aide Councilman Wade Kach FROM: Thomas J. Peddicord, Jr. Legislative Counsel/Secretary SUBJECT: Comcast DATE: December 8, 2016 Attached is a copy of the 1997 franchise agreement with Comeast as well as the 2004 modification agreement. The current agreement expires December 5, 2017. Also attached is a copy of Section 25-3-103 of the County Code. Subsection (d) sets froth the standard for cable service availability. The minimum density requirement is often an issue in the northern part of the Third District. Please remember that this is a cable franchise agreement with the County. The agreement does not apply to internet or telephone services TJP:clb cc: Tom BostwickCOUNTY COUNCIL OF BALTIMORE COUNTY, MARYLAND Legislative Session 1997, Legislative Day No. 20 Resolution No. 96-97 All Councilmembers By the County Council, November 3, 1997" A RESOLUTION of the Baltimore County Council to award a nonexclusive franchise to Comeast Cablevision of Maryland to construct, operate and maintain a cable system in Baltimore County. WHEREAS, by Resolution 4-73, supplemented by an Agreement dated August 2, 1973, the County Council of Baltimore County, Maryland awarded a fifteen (15) year nonexclusive franchise to Calvert Telecommunications Corporation ("Caltec") to construct, operate and maintain a cable television system in Baltimore County; and WHEREAS, by Resolution 69-81, supplemented by an Addendum Agreement dated October 5, 1981, the County Council of Baltimore County, Maryland extended said franchise for an additional term of ten (10) years through April 1, 1998; and WHEREAS, by Resolution 96-83, the County Council of Baltimore County, Maryland approved'the change of ownership and transfer of control of Caltec to Comcast, and approved the transfer of the franchise to Comcast; and WHEREAS, in 1995, Comcast timely invoked the provisions of Section 626 of the Communications Act of 1934, as amended, requesting the renewal of said franchise; and WHEREAS, the County Council of Baltimore County, Maryland held public hearings onMarch 18, 1996 and November 17, 1997 regarding the renewal of said franchise; and WHEREAS, the County Council of Baltimore County, Maryland, after affording the public notice and opportunity to comment, has determined that the public interest would be served by renewing Comcast's franchise; now, therefore, BE IT RESOLVED BY THE COUNTY COUNCIL OF BALTIMORE COUNTY, MARYLAND, that the Franchise Agreement between Baltimore County, Maryland and Comcast Cablevision of Maryland Limited Partnership, a copy of which is attached hereto, be and itis hereby approved, effective December 5, 1997. 096897,FRANCHISE AGREEMENT ‘THIS AGREEMENT, effective this Sth day of December, 1997, is by and between Baltimore County, Maryland (“County”), a charter county of the State of Maryland, and Comcast Cablevision of Maryland Limited Partnership (“Comcast”), a Maryland limited partnership. WHEREAS, by Resolution 4-73, supplemented by an Agreement dated August 2, 1973, the County Council of Baltimore County, Maryland awarded a fifteen (15) year nonexclusive franchise to Calvert Telecommunications Corporation (“Caltec”) to construct, operate and maintain a cable television system in Baltimore County; and WHEREAS, by Resolution 69-81, supplemented by an Addendum Agreement dated October 5, 1981, the County Council of Baltimore County, Maryland extended said franchise for an additional term of ten (10) years through April 1, 1998; and WHEREAS, by Resolution 96-83, the County Council of Baltimore County, Maryland approved the change of ownership and transfer of control of Caltec to Comeast, and approved the transfer of the franchise to Comcast; and WHEREAS, in 1995 Comivast timely invoked the provisions of Section 626 of the Communications Acct of 1934, as amended, regarding renewal of said franchise; and WHEREAS, the County Council of Baltimore County, Maryland held public hearings on March 18; 1996 and November 17, 1997 regarding the renewal of said franchise; and WHEREAS, the County Council of Baltimore County, Maryland after affording the public notice and opportunity to comment has determined that the public interest would be served by renewing Comeast’s franchise on the terms contained herein;10 i 12 13 14 15 16 7 18 19 20 NOW THEREFORE, in consideration of the mutual promises contained herein it is agreed as follows: Section I. Short Title. This Agreement may be referred to and cited as the “Franchise Agreement.” Section Definitions. Except as provided below, the terms, phrases, words and their derivations used in this Agreement shall have the meaning given in the Cable Ordinance. “Cable Ordinance” means the ordinance governing the operation of a cable system under this Agreement, Title 8, Cable Communications, Baltimore County Code, as amended. “Cable programming service tier” means any tier of video programming service other than video programming (1) carried on the basic service tier; (2) offered on a per-channel or per- program basis; (3) carried on any migrated product tier; or (4) carried on any new product tier (as defined by 47 CFR. § 76.987). “Copncil” means the County Council of Baltimore County, Maryland. “Franchisee” means Comcast, its lawful successor, transferee or assignee as otherwise authorized, consistent with applicable Cable Ordinance provisions and Federal law or regulation. “Migrated product tier” means a tier of unregulated services consisting of channels moved from the Franchisee’s existing regulated tiers of service. “New product tier” means a cable service level as defined under 47 C.F.R. § 76.987. Section III. Grant of Authority. a A. Pursuant to Section 8-1, et seq. and Section 31-86, et seq. of the Baltimore County Code and Article 25A, Section 5(B) of the Maryland Annotated Code, the County grants to the Franchisee the right and privilege to construct, operate, maintain and extend a cable system for 410 rr 12 13 14 15 16 17 18 19 21 22 the provision of cable service and additional services to all places within Baltimore County subject to the County’s authority, subject to the conditions and restrictions as hereafter provided ‘The grant of this non-exclusive franchise is expressly conditioned upon the construction, upgrade, operation and maintenance of the system by the Franchisee. B. The rights granted hereunder, including, without limitation, rights to utilize the cable system property installed in or along the County’s property, shall not be sold, transferred or assigned without the approval of the County as specified in the Cable Ordinance, which approval shall not be unreasonably withheld. However, the Franchisee is not required to seek separate County approval for a lease or use of a portion of the cable system property, provided that no such lease or use is for less than fair market value or for the purpose of evading the payment of franchise fee otherwise due hereunder, Under such circumstances, the Franchisee must notify the County of the existence of any such lease or use, and subject to proprietary restrictions, promptly provide to the County an executed copy of any agreement for lease or use.of the property within five (5) days of its execution. C. Upon its effective date, this Agreement shall supersede and replace the August 2, 1973 Franchisé Agreement and October 5, 1981 Addendum Agreement, except as to franchise fee obligations required thereunder. D: The Franchisee shall have the right to use and occupy County public roads, streets, alleys, ways and easements for the purposes of installing its wires, cable and associated equipment in or on poles, by direct burial or in underground conduits as necessary for the operation of the cable system. Notwithstanding this authority, the Franchisee shall obtain the necessary government permits for construction involving a disturbance of public streets, 510 u 12 13 14 15 16 7 18 19 20 21 22 sidewalks or thoroughfares and for compliance with all government regulations and requirements relative to construction and operation of facilities in the public rights-of-way. Section IV. Compliance with Applicable Laws and Ordinances. The Franchisee is, subject to the Cable Ordinance in effect as of the effective date of this Agreement and to all nondiscriminatory exercise of police power by the County, provided that each of these authorities is applied consistently with the Franchisee’s rights under this Agreement. The Franchisee shall also comply with all other applicable laws, including federal and state statutes and regulations governing cable communications. In the event of a conflict between the provisions of this Agreement and the Cable Ordinance, this Agreement shall prevail. Section V. Public, Educational and Government Access Channels and Service Requirements, A. 1. The Franchisee shall provide four (4) non-commercial access channels which shall be individually designated as follows: a. Within 18 months from the effective date of this Agreement, one (1) government access channel reserved for the use of the County. b. Three (3) educational access channels, one (1) reserved for the exclusive use of the Baltimore County Public Schools System and two (2) reserved for the exclusive use of the Community Colleges of Baltimore County System. 2. Programming on the government access channel shall consist of the following: a, Council legislative sessions; b. Hearings of the Planning Board, the Zoning Commissioner and the Hearing Officer;10 il 12 14 15 16 7 18 19 20 21 2 c. Public service announcements of County agencies; 4. Other programming determined by the Council; and e. Additional programming of the Franchisee, consistent with the concept of government access programming. 3. The Franchisee shall provide, at its own expense, necessary equipment, personnel and facilities for the production of government access channel programming required by Section V.A.2, either on location or at its production facilities. Except for Council legislative sessions, the Council shall notify the Franchisee of any videotaping to be performed at least two weeks in advance. Unless otherwise agreed by the parties, and with the exception of Council legislative sessions, videotaping by the Franchisee is limited to ten (10) broadcast hours per week. 4. Channel position of the government access channel is subject to approval by the Council. 5. The educational access channels used by the Community Colleges of Baltimore County System shall only be designated by the County-wide system name and not by campus location. B, The Franchisee shall provide one (1) part-time employee, including salary and fringe benefits, to assist in the production of video programming for the government access channel. In addition, the Franchisee shall provide technical support as needed. C. The Franchisee shall provide one (1) part-time employee, including salary and fringe benefits, to assist in the production of video programming for the educational access channels. In addition, the Franchisee shall provide technical support as needed. 710 ret 12 13 14 15 16 7 18 19 20 21 22 D. Employee work assignments for government access programming are subject to approval by the Council. E. The Franchisee shall provide service to County governmental buildings and facilities as follows: 4, Tier 1 Tier 1 service shal consist ofthe basic servic ter, cable programming service tier, migrated product tier and new product tier. Within six (6) months of the effective date of this Agreement, Tier 1 service shall be provided to all County governmental buildings and facilities located within two thousand (2,000) feet of the activated trunk of the cable system, including, but not limited to, career and volunteer fire stations and training facilities, police stations and training facilities, and senior centers. No charge shall be made for installation or service, except that the Franchisee may charge the County for its cost of installation of more than one (1) service connection in a building upon advance direction by the County. 2. Tier 2. Tier 2 service shall consist of Tier 1 service and high-speed intemet access service via cable modem (“cable modem service”), extended as follows: a. Baltimore County Public Schools System (K-12). ( No later than 18 months from the effective date of this Agreement, the Franchisee shall provide unlimited cable modem service to all Baltimore County Public School Buildings (K-12) located within two thousand (2,000) feet of the activated plant of its cable system, The cable modem service shall consist of up to five (5) service connections, including a cable modem and interface network cards, at a single location to be determined by the school administration for each school, No charge shall be made for installation or service, except that the Franchisee may charge the County for its cost of installation or the rental of10 MW 12 13 14 15 16 7 18 19 20 21 22 equipment for more than five (5) service connections in a school upon advance direction by the County. Upon request, the Franchisee shall provide, at its cost of installation, Tier 1 and Tier 2 service to all public schools located beyond two thousand (2,000) feet of the activated plant of its cable system. (ii) The Franchisee shall provide a free monthly educational program guide to each school, combining classroom programming and suggested curriculum support ideas. : Gi materials for teachers that explain the educational applications of the Franchisee’s broadband The Franchisee shall develop and provide to each school cable system and services. The materials shall include a self-explanatory notebook and video. One free copy of the materials shall be provided to each school. (iv) The Franchisee shall sponsor local workshops on the use of cable modem service to educate teachers about educational services being provided by the Franchisee and to provide them with an opportunity for hands-on training. The Franchisee shall provide these workshops for five (5) years from the effective date of this Agreement. b. Baltimore County Public Libraries. No later than 18 months from the effective date ofthis Agreement, the Franchisee shall provide cable modem service to all Baltimore County public libraries. The cable modem service shall consist of at least one (1) service connection, including one (1) cable modem and interface network card, for each library. No charge shall be made for installation or service, except that the Franchisee may charge the County for its cost of installation or for the rental of equipment for more than one (1) service connection in a library upon advance direction by the County. 910 wl 12 13 4 15 16 7 18 19 20 21 22 ¢. Baltimore County Council. Within 6 months from the effective date of this Agreement, the Franchisee shall provide cable modem service to the Council offices for the purpose of providing, among other things, interactive constituent assistance communications and subscriber communications relating to cable service. The cable modem service shall consist of a total of eight (8) service connections, including cable modems, interface network cards and computer equipment (including laser printers), one (1) for each councilmanic district and one (1) for Council staff. No charge shall be made for installation or service, except that service is limited to one (1) gigabyte of usage capacity at any time per councilmanic lgcation, unless otherwise agreed by the parties. The County shalll pay a fee based on the Franchisee’s ratecard for authorized use beyond this usage limit d. Baltimore County Executive. Within 6 months from the effective date of this Agreement, the Franchisee shall provide cable modem service to the Executive office for the purpose of providing constituent assistance communications. The cable modem service shall include two (2) service connections, including cable modems, interface network cards and computer equipment, No charge shall be made for installation or service, except that service is limited to one (1) gigabyte of usage capacity at any time per Executive office location, unless otherwise agreed by the parties. The County shall pay a fee based on the Franchisee’s ratecard for authorized use beyond this usage limit. G. The Franchisee, with Council supervision, shall design a customized, multi-media Council web site for the purpose of providing, among other things, interactive constituent assistance communications and subscriber communications relating to cable service, and shall provide necessary training and support. 1010 i 12 B 14 15 16 17 18 19 20 21 H. The Franchisee, upon request, shall provide Tier 1 and Tier 2 service, when available, to all accredited private schools located within two thousand (2,000) feet of the activated plant of its cable system, except that only one (1) cable modem per school is required, as provided to the Baltimore County Public Schools System, set forth in Section V.E.2.a. Upon request, the Franchisee shall provide, at its cost of installation, Tier 1 and Tier 2 service to all accredited private schools located beyond two thousand (2,000) feet of the activated plant of its cable system, I. No building or facility that receives services or equipment from the Franchisee as of the effective date of this Agreement shall be denied services or equipment as a result of this Agreement. Section VI. Liability and Indemnification. A. As between the County and the Franchisee and except as otherwise provided herein, all losses, liabilities or damages arising out of the construction, operation and maintenance of the cable system, and all damage to the cable system itself, shall be sustained by and be the sole responsibility of the Franchisee. The Franchisee, at its sole cost and expense, shall indemnify and hold the County, its elected officials, officers, agents and employees, harmless from any and. all claims, suits, liens, charges, demands, fines, penalties, costs, damages, losses, judgments and liabilities, of any kind or nature, arising out of the operation, installation and maintenance of its cable system in the County by the Franchisees, its agent, employees, contractors, successors or assigns, unless caused by the negligent acts of the County, its agents, employees or officials. ‘The Franchisee shall indemnify and either defend the County against all such claims or, at the County's election, pay all reasonable expenses incurred by the County in defending itself against i10 nt 12 1B 14 15 16 17 18 19 20 21 22 such claims, including without limitation, attorney, consultant and expert fees. In addition to and in support of the indemnity provided above, the Franchisee as required in the Cable Ordinance shall obtain, effective from the date of execution of this Agreement, and shall keep in full force and effect during the entire term of this Agreement, including any renewal or extension hereof, contractual lability insurance coverage in a minimum amount of One Million Dollars ($1,000,000) per individual claim and Three Million Dollars ($3,000,000) per total claims that arise from the same occurrence, expressly insuring the above contractual indemnification requirements for the benefit of the County as an insured. Nothing in this agreement shall be construed as a waiver of immunity by the County, its elected officials, officers, agents or employees. B. The Franchisee shall continue to maintain with the County a payment and performance bond in the amount of fifty thousand dollars ($50,000), receipt of which is hereby acknowledged, to ensure its faithful performance of the Franchisee’s obligations under this Agreement and all provisions of applicable law. Section VII. Technical Requirements. The Franchisee shall maintain and extend its cable system so as to provide high quality signals and reliable service throughout all parts of the County meeting density threshold requirements. The system shall meet or exceed any technical pérformance standards of the Federal Communications Commission (FCC) or the Cable Ordinance. Section VIII. Other Business Licenses. This Agreement authorizes only the operation of a cable system for the provision of cable service and additional services. It does not take the place of any other franchise, license or permit which might be required of the Franchisee 1210 i 12 13 14 15 16 17 18 19 20 “21 22 pursuant to applicable law. Section IX. Duration and Acceptance of Agreement. This Agreement shall take effect on December 5, 1997 and shall continue in force for a fifteen (15) year period, until December 5, 2012. Section X. System Construction. ‘A. Notwithstanding the minimum channel requirements set forth in the Cable Ordinance, the Franchisee shall provide within thirty (30) months a minimum capacity of eighty-four (84) video channels, In addition, the Franchisee shall complete the fiber optic upgrade of its entire cable system, as specified in Exhibit A hereto. The upgrade of the system shall be completed within thirty (30) months of the effective date of this Agreement. During the course of the upgrade, the Franchisee shall provide to the County semi-annual reports detailing the progress of the upgrade. Within three (3) months of completing the upgrade, the Franchisee shall provide dystem maps detailing the nature and location of ts equipment and facilities, subject to proprietary restrictions. B. Deiails of the cable system and technology to be utilized are attached as Exhibit “A” hereto, Exhibit “A” shall contain a description of the construction of the system, the proposed construction schedule and a description of how services will be converted from existing facilities to new facilities. Section XI. Franchise Fee. ‘A. As compénsation to the County for the use made of its roads, streets and public thoroughfares, the local Franchisee shall pay to the County a franchise fee of five percent (5%) of its gross revenues, payable as specified in the Cable Ordinance. “Gross revenues” is defined as 1310 u 12 13 14 15 16 17 18 19 20 21 22 all revenues received by the Franchisee, Comcast Cablevision of Baltimore County, Maryland, before payment of expenses and other costs, from the operation or use of its cable system, including but not limited to, revenues derived from cable service, additional services, internet access service via cable modem, interactive services, the sale or lease of subscriber equipment, installation and other service fees, the sale of advertising time (and related services), and earnings frm home shopping channels, but excluding investment income and uncollectible revenue. The Franchisee agrees that intemet service via cable modem is subject to the provisions of this section independent of classification as a cable service or a telecommunications service. B. If the Franchisee is assessed a tax pursuant to Section 33-201 of the Baltimore County Code, the Franchise Fee payable by the Franchisee under this Agreement for the same service and period shall be reduced by the amount of said tax assessed and paid by the Franchisee under Section 33-301. C. The Franchisee may be subject to other fees, taxes, payments or other compensation for the provision of non-cable services using its cable system, provided that the County imposes said fees, taxes, payments or other compensation in a competitively neutral and nondiscriminatory manner and in accordance with applicable laws. Section XII. Status. The Franchisee shall receive Most Favored Status if the County grants any other entity a cable franchise, a renewal of a cable franchise or a modification of a cable franchise on more favorable terms, including, without limitation, more favorable franchise fees, public access requirements, or more favorable terms and conditions regarding operational or customer service standards (collectively, “more favorable terms”) than those contained in this Agreement during the term of this Agreement. The County shall disclose to the Franchisee, the 1410 VW 12 13 14 15 16 17 18 19 20 21 22 other entity’s cable franchise terms and the Franchisee shall have sixty (60) days from the date of disclosure to elect such terms in lieu of the comparable provisions of this Agreement. Section XIII. Administrative Costs. Within thirty (30) days of the effective date of this Agreement, the Franchisee agrees to contribute to the County the sum of twenty-five thousand dollars ($25,000) for administrative costs associated with this franchise renewal. Section XIV. Miscellaneous Provisions. A. Whenever this Agreement or the cable ordinance sets forth any time for an act to be performed by or on behalf of the Franchisee, such time shall be deemed of the essence. B. This Agreement, together with any exhibits, may not be amended except by written instrument executed by both parties hereto. C. The Franchisee shall maintain at least one principal office within the geographic limits of Baltimore County during the term of this Agreement. D. By executing this Agreement and accepting the grant of authority conferred hereunder, the Franchisee represents, warrants and affirms that all provisions of this Agreement are valid and binding upon the Franchisee. E, __ If any provision, sentence, clause, phrase or portion of this Agreement is declared by acourt of competent jurisdiction to be unenforceable or invalid for any reason, such holding shall not affect the validity of the remaining portion of this Agreement provided that the positions of the parties are not materially altered. ‘ F. Any notice required to be delivered pursuant to this Agreement or the Cable Ordinance shall be deemed to have been received when the notice has been sent by certified mail, retum receipt requested, by overnight carrier, or by hand-delivery to the following individuals 15a vaun con u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and addresses or to such other addresses as either party may later identify in writing to the other: For the County: Baltimore County Council Courthouse 400 Washington Avenue Towson, MD 21204 Attn: Secretary For the Franchisee: _ Comcast Cablevision of Maryland Limited Partnership 8031 Corporate Drive Baltimore, Maryland 21236 Attn: Area Vice President IN WITNESS WHEREOF, the parties have caused this Agreement to be properly executed by their duly authorized offices: BALTIMORE COUNTY, MARYLAND. COMCAST CABLEVISION OF BALTIMORE COUNTY, MARYLAND Joseph Bartenfelder, Chairman - Stephen A. Burch County Council Senior V.P., Mid-Atlantic Region Comcast Cablevision of Maryland, L.P. Approved for legal sufficiency Approved this___day of this___ day of 197 day of 1997 Virginia W. Bamhart County Attomey 16v Socwradsauany 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ITA" SYSTEM AND TECHNOLOGY The proposed 750 MHZ system will employ a fiber optic based architecture capable of delivering 84 video channels. The system will connect the headed to remote optical nodes serving areas of homes by active fiber links. The optical node will reconvert the optical signals to electrical signals and place them on a coaxial distribution system. The distribution system will be of the single trunk — single feeder configuration and will employ taps and coaxial cable to deliver the signal to the customer. In some instances the coaxial distribution system will be connected directly to the headed. In order to minimize service interruptions to subscribers, conversion of the existing system to the new system will generally be performed in the following manner: The existing headed will be reconfigured with the necessary equipment to accommodate expanded bandwidth. Fiber optic cables will be installed to the service areas to be converted. Fiber optic cables will then be spliced together and the optronics activated. The fiber link will then be electronically tested to ensure proper performance. Coaxial cables in the service area will be added or replaced as required by the new system design. . During the late night hours, generally between 2:00 a.m. and 6:00 a.m., the trunk amplifiers in the existing system will be replaced. This will require a planned outage for existing subscribers in that service area. From 6:00 a.m. to 4:00 p.m., the feeder distribution system will be upgraded. This will include a changeout of passive and active electronic devices and a switch over of subscriber service lines to the new devices. Short duration subscriber service interruptions will be necessary. Upon completion of the electronics changeout, the system will be electronically tested to ensure that the new system meets the expected performance specifications. All residents will be notified before work begins in their areas.MODIFICATION TO THE BALTIMORE COUNTY FRANCHISE AGREEMENT ‘THIS MODIFICATION TO THE BALTIMORE COUNTY FRANCHISE AGREEMENT (“Modification Agreement”), effective this___day of 2004, is by and between Baltimore County, Maryland (“County”), a charter county of the State of Maryland, and Comcast of Maryland Limited Partnership (“Comeast”), a Maryland limited partnership. WHEREAS, by Resolution 4-73, supplemented by an Agreement dated August 2, 1973, the County Council of Baltimore County, Maryland awatded a fifteen (15) year nonexclusive franchise to Calvert Telecommunications Corporation (“Calteo”) to construct, operate and maintain a cable television system in Baltimore County; and WHEREAS, by Resolution 69-81, supplemented by in Addendum Agreement dated October 5, 1981, the County Council of Baltimore County, Maryland extended said nonexclusive franchise for an additional term of ten (10) years through April 1, 1998; and WHEREAS, by Resolution 96-83, the County Council of Baltimore County, Maryland approved the change of ownership and transfer of control of Caltec to Comeast and approved the transfer of the nonexclusive franchise to Comeast; and WHEREAS, by Resolution 96-97, the County Council of Baltimore County, Maryland approved the renewal of Comeast’s nonexclusive franchise for a 15 year period beginning December 5, 1997 (“Franchise Agreement”); and WHEREAS, the County Council of Baltimore County, Maryland held a public hearing on September 7, 2004 regarding the extension of said nonexclusive franchise for an additional term of five (5) years through December 5, 2017; andWHEREAS, the County Council of Baltimore County, Maryland, after affording the public notice and opportunity to comment, has determined that the public interest would be served by extending Comeast’s franchise on the terms contained herein. NOW THEREFORE, in consideration of the mutual premises contained herein, and other g00d and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to amend the Baltimore County Franchise Agreement as follows: Section One PEG Channel. Section V.A.1.b. of the Franchise Agreement is amended to reduce the number of educational access channels reserved for exclusive use of the Community College of Baltimore County from two channels to one channel, The second channel will revert ‘to Comcast no later than 12 months from the effective date of this Franchise Agreement, at which time Comcast shall provide, at its sole expense, to the Community College of Baltimore County, during the term of this Agreement, ten (10) hours of Video on Demand access, with content changeable up to two times every school semester, but not exceeding six (6) times per ‘year, for the delivery of accredited, college level coursework programming, Section Two Expiration Date. Section IX of the Franchise Agreement is amended to extend the duration of the Franchise Agreement to December 5, 2017. Section Three Gross Revenue. Section XI of the Franchise Agreement is amended to delete “internet access via cable modem” and “The Franchisee agrees that internet service via cable modem is subject to the provisions of this section independent of classification as a cable service or a telecommunications service.” Section Four Fiber Optic Network. Comeast will construct and maintain, at its sole expense, for the exclusive use of the County throughout the term of this Franchise Agreement, afiber optic data services network interconnecting County goverment facilities. The specifications for the fiber optic network and the completion schedule are set forth on Exhibit A attached hereto. County will pay the costé of purchasing and maintaining any transmission or reception equipment that is required at any government facility shown on Exhibit A. Section Five Cable Modem Service. Comeast will provide, without charge, throughout the term of this Franchise Agreement, up to thirty (30) Baltimore County Government sites with a persistent IP address cable modem and service. County will provide all necessary modem and end user products, Comcast shall install, at no cost to the County, modem service at requested sites, where cable service is readily available, within four weeks of written request, Where appropriate, all additional costs associated with constructing cable to sites not currently served by Comeast will be paid for by County. Comeast shall continue to provide twenty-three (23) fire stations with persistent IP address cable modem service at no charge throughout the term of this Franchise Agreement, Section Six Service. Throughout the term of this Franchise Agreement, Baltimore County will be on a first priority basis for repair and maintenance calls for the fiber optic network described in Section Four. Section Seven Regulatory Filings. Comcast will not directly pass on to Baltimore County subscribers the cost of any services, equipment or materials provided under this Agreement as a separate line item on customer bills. Any such costs shall be included in Comeast’s annual 1240 filings, as appropriate. Section Eight Effect. Except as modified by this Modification to the County Franchise Agreement, all provisions of the Franchise Agreement shall remain in full force and effect.IN WITNESS WHEREOF, the parties have caused this Agreement to be properly executed by their duly authorized offices: BALTIMORE COUNTY, MARYLAND COMCAST OF MARYLAND LIMITED PARTNERSHIP 8.G. Samuel Moxley, Chairman Brian Lynch Baltimore County Council ‘Area Vice President/General Manager Approved for legal sufficiency this day of » 2004 comeast ranchis modieatons. doeaus wad Suaalie +f ae WZEXHIBIT A Phase I - connectivity from the Main Campus, 401 Bosley Avenue to Human Resources, Bykota Centet and Detention Center — shall be completed no later than 6 months from the date of the Modification Agreement, Phase II - connectivity from the Phase I locations to the Fire Station 1, Office of Employment & Training, Public Safety Building, Essex District Court, Catonsville District Court, and the Drumeastle Center — shall be completed no later than 12 months from the date of the Modification Agreement. Phase Ill - connectivity to the remaining facilities shall be completed no later than 18 months from the date of the Modification Agreement, *The location of the Catonsville District Court is subject to change.s2re2016 ‘Baltimore County, MD Code of Orcnances § 25-3-103. - MINIMUM OPERATIONAL STANDARDS. (@) "Leased access channel” defined. in this section, "leased access channel" means a channel designated for commercial use by a person unaffiliated with a franchisee. (b) ingeneral. (1) Afranchisee shall comply with the minimum requirements for facilities and services established under this section. (2) The terms of a franchise agreement may require a franchisee to exceed the minimum requirements established under this section. (3) The County Council may waive the minimum requirements established under this section if the waiver Is justified in the public interest. (0. Channels. (1) Acable system may be required to have a minimum capacity of video channels available for immediate or potential use and have the capability of two-way communications. (2) () Acable system shall provide at least three access channels the use of which shall be designated by the county. (i) Afranchise agreement may require a franchisee to contribute capital costs for programming facilities and related equipment for access channels. (iii) A franchisee may utilize access channels for its own programming, subject to regulations and procedures adopted by the county in accordance with § 611(d) of the Federal Communications Act of 1934, (3) Acable system shall provide leased access channels as required under federal law or regulations. (4) franchise agreement may require a franchisee to provide services and related equipment to county governmental buildings without charge. (5) A franchisee shall make available to its subscribers, on a sale or lease basis, equipment capable of decoding closed captioned programming for the hearing impaired. (6) At the request of a subscriber, a franchisee shall provide, on a sale or lease basis, a parental control device that allows the subscriber to eliminate reception of adult and premium cable 5 Channels C «@) Duty to make cable service available. (1)_ A franchisee shall make cable service available to every unserved dwelling within the county where the dwelling Is in an area with a minimum density of 30 dwellings per mile as measured in strand footage from the nearest connection point on the active cable network trunk or feeder line. (2) If potential residential subscribers reside in an area of the county with a density threshold below the prescribed minimum, a franchisee shall extend service to the area i w paula muricade.comiibraryimdaltimere_courtycadesloade_o ordinances nodeld= ART2SCACO_TITSCASY_SUBTITLE 1OPCOMACASY S253... 12aazo18 Baltimore County, MD Code of Ordinances The potential residential subscribers agree to pay a one-time charge equivalent to the franchisee’s construction cost for each dwelling passed above the franchise's cost at the minimum dwelling density; or (i) The residents of at least 15 dwellings per cable mile agree to subscribe to cable service for at least 1 year. (3) If cable service is extended to an area under paragraph (2) of this subsection, new residential subscribers added during the first year shall pay a pro rata share of the original construction costs and the franchisee shall give pre-existing residential subscribers a proportional rebate of their construction contributions. (e) Cable facilities available for emergency or disaster. lf a public emergency or disaster arises, a franchisee shall make available its facilities, at the request of the county, to provide the public with appropriate announcements or information during the emergency or disaster period. (A) Interference with other signals prohibited. The operation of the franchise's cable system may not interfere, in any way, with the right of a county resident to utilize an individual antenna for the purpose of receiving television and other signals over the air. (g) Signal quality. At all times during operation of the franchisee’s cable system, the franchisee shall furnish to the residential subscribers the best possible signals that the system's technology is capable of providing. (1988 Code, 55 8-2, 8-6) (Bill No, 134-97, §5 1, 2, 12-5-199 (part), 3-16-2007) ill No, 31-03, § 2, 7-1-2004; Bill No. 17-07, § 2 itp municode.comibraryhmdbaltimore_courtyloodeslcade_ ordinances Madeld=ARTZSCACO_TIT3CASY SUBTITLE 1OPCOMACASY $2531 2.